2006-02-21
OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 21. 2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland,
Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Manager of Technical Services Gary Gregg, Audio
Visual System Technician Pam Jordan, Library Administrator Kerry McGeath, Director of
Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble,
Community Services Coordinator Crystal Duran, Director of Economic Development Greg Last,
Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of
Planning Ken Baker, Chief Planner Dennis Killough, Plans Examiner Chuck Bloomberg,
Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Fire Marshal David
Barnes, Chief of Police Services Wade Goolsby, Interim Director of Public Works Charlie
Thomas, Public Works Operations Manager Chuck Kendrick, City Attorney Tim Sralla, and City
Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:35 p.m.
City Council reviewed the agenda items with city staff and applicants. Item 10B was added to
the consent agenda. The work session ended at 5 :46 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular seSSIOn was called to order by Mayor
Wambsganss at 5:46 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 city attorney; Section 551.072, deliberation regarding real property; and
Section 551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 5:46 p.m. Executive Session began at 6:00 p.m. and ended at
7:25 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:30
p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. No motion
was necessary.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006
Page 1 of 11
Agenda Item No. 3. Invocation. The invocation was given by Eric Hulet from Grace Community
Church. Mayor Wambsganss led the audience in the pledge of allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 4A1. Proclamation for Flag Football State Champions. Mayor Wambsganss
presented proclamations to Southlake O.T. 8 and Southlake Broncos 10 for winning the Texas
Amateur Athletic Federation State Championship.
The following items were taking out of order.
Agenda Item 4B2. Staff introductions. Director Polasek introduced the new Deputy Director of
Community Services, Chris Tribble, and Community Services Coordinator, Crystal Duran, to
Council.
Agenda Item 4131. Presentation of results from 2006 Citizen Survey. Assistant City Manager
Blagg introduced Scott Hansen who presented the citizen's survey results to Council.
Agenda Item No. 4C. Financial Report. A written report was given to Council.
Agenda Item No. 4D. Local Business Report. Director Last introduced Shawn Fannin from
Southlake Fitness who introduced his business to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No 5A Approve the minutes for the February 7 2006, regular City Council
meeting, A presentation was not made on this item.
Agenda Item No 5B Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings. Mayor Pro Tern Shankland was absent from
the February 7, 2006, City Council meeting. Vernon Stansell and Michael Boutte were absent
from the February 9, 2006, Planning and Zoning Commission meeting.
Agenda Item No 5C. Authorize the Ci Manager to enter into a professional services agreement
with Credera/Maximus Inc. for information technology alignment study. A presentation was not
made on this item.
Agenda Item No. 5D. Authorize the Mayor to execute a Professional Services Agreement with
Cheatham and Associates for design of certain projects included in the 05/06 CIP and Strategic
Initiative Fund. A presentation was not made on this item.
Agenda Item No 5E Award annual contract for utility parts to Hughes Supply, Texas Water
Products and Ferguson and Atlas Utility Suppler Interim Director Thomas presented this item
during the work session.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006
Page 2 of 11
Agenda Item No. 5F. Authorize the Mayor to execute a Residential Developer's Agreement for
Villas Del Sol, a 10.82-acre, nine-lot subdivision, located at the northwest corner of Hijzhland
Street and Sunshine Lane. A presentation was not made on this item.
Agenda Item No. 5G. Authorize the Mayor to enter into an Interlocal Assistance Agreement for
fire and explosive investigation. A presentation was not made on this item.
Agenda item No. 5H. Resolution No. 06-012, Support the City's participation in a drug and
alcohol awareness program known as "Game Over" every two years. Councilmember Jones
presented this item during the work session. 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,
SUPPORTING THE CITY'S PARTICIPATION IN A DRUG AND ALCOHOL AWARENESS
PROGRAM KNOWN AS "GAME OVER" EVERY TWO YEARS.
Agenda Item No. 51. Resolution No. 06-013, Call the May 13, 2006, General Election and
authorize joint election agreements with Tarrant County Elections Administration and Carroll
Independent School District. A presentation was not made on this item. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 13, 2006; APPROVING
JOINT ELECTIONS WITH TARRANT COUNTY AND CARROLL INDEPENDENT
SCHOOL DISTRICT; AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Agenda Item No. 5J. ZA05-172 Plat Revision for proposed Lots 3R2R1, 3R2R2, 3R3R1,
3R3R2 and 3R3R3 Green Meadow Subdivision being a revision of Lots 3R2R1, 3R2R2, and
3R2R3 Green Meadow Subdivision, located at the southeast corner of South Kimball Avenue
and East Continental Boulevard. Current Zoning: I-1 Light Industrial District. SPIN
Neighborhood #7. Chief Planner Killough presented this item to Council during the work
session.
Agenda Item No. I OB. Amend the current professional services agreement with Dunkin, Sims,
Stoffels Inc. to include the design and engineering of the loop road parking lot improvements at
Bob Jones Park. Director Polasek presented this item during the work session.
Motion was made to approve consent agenda items 5A; 513 to excuse Mayor Pro Tern Shankland
from the February 7, 2006, City Council meeting and Vernon Stansell and Michael Boutte from
the February 9, 2006, Planning and Zoning Commission meeting; 5C; 51); 5E; 517; 5G; 51-1; 51;
5J; and I OB.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006
Page 3 of 11
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 6. Public Forum.
Mayor Wambsganss opened the public forum.
Gary Hargett, 1111 South White Chapel Boulevard, Southlake, Texas, stated his concerns about
a recent paintball incident on his neighbor's property.
Mayor Wambsganss closed the public forum.
Agenda Item No. 7A. ZA05-156 Site Plan for The Shops at Southlake - Building A3, located at
the southeast corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning:
SP-2 Generalized Site Plan District. SPIN Neighborhood #8. (note - a variance to the maximum
height of the acoustic wall located near the southern property boundary may be considered in
conjunction with this site plan.) Chief Planner Killough presented this item to Council.
Applicant David Palmer made a presentation and answered Council's questions. Council
discussed the playground fencing, roof-top air conditioning units, noise levels, southern property
line wall structure, and hours of operation.
Mayor Wambsganss opened the public hearing.
Chuck Blucher, 1218 Westmont Drive, Southlake, Texas, spoke in opposition to the sound
variance request.
Jane Cravens, 304 Lakeside Court, Southlake, Texas, spoke in opposition.
James Tompkins, 1222 Westmont Drive, Southlake, Texas, spoke in opposition.
Mayor Wambsganss closed the public hearing.
Council continued their discussion of this item and asked questions of the applicant.
Motion was made to approve ZA05-156, Site Plan for The Shops at Southlake - Building A3 -
subject to Site Plan Review Summary No. 1, dated December 30, 2005; subject to the
recommendations of the Planning and Zoning Commission; and granting the requested variances,
specifically the variance to the wall height.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006
Page 4 of 11
Agenda Item No 713 Consider variance to the Noise Ordinance No. 778, as it pertains to certain
commercial operations of the proposed retail center known as the Shops of Southlake located at
the southeast corner of East Southlake Boulevard and South Carroll Avenue. There was no
presentation on this item.
Motion was made to deny Agenda Item No. 713, consider variance to the Noise Ordinance No.
778, as it pertains to certain commercial operations of the proposed retail center known as the
Shops of Southlake located at the southeast corner of East Southlake Boulevard and South
Carroll Avenue.
Motion: Terrell
Second: Shankland
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Vote: 7-0 (to deny)
Councilmember Terrell stepped out of the room.
Agenda Item No 7C Ordinance No 480-477 2nd Reading (ZA05-149) Zoning Change for 680
East Dove Road being legally described as Tract 21301 A J L Chivers Survey Abstract No. 348.
Current Zoning: AG Agricultural District Requested Zoning: SF-IA Single Family Residential
District. SPIN Neighborhood #3. Chief Planner 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 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
2B1A, SITUATED IN THE J. CHIVERS SURVEY, ABSTRACT NO. 348, BEING
APPROXIMATELY 2.00 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-477, 2°d Reading, (ZA05-149) Zoning Change
for 680 East Dove Road.
Motion: Jones
Second: Shankland
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Page 5 of 11
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 6-0
Councilmember Terrell returned to the meeting.
Agenda Item No. 7D. Resolution No. 06-011 (ZA06-012) Specific Use Permit to allow a mass
gathering for the Kelly Miller Circus located on the southwest corner of North White Chapel
Boulevard and State Highway 114. Current Zoning: C-1 Neighborhood Commercial District and
AG Agricultural District. SPIN Neighborhood #11. Chief Planner 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:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR THE
KELLY MILLER CIRCUS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, RAVENAUX VILLAGE AND
TRACT 6J, SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED
ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Kathy Rogers, 3580 Burney Lane, Southlake, Texas, spoke in favor of this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Resolution No. 06-011, (ZA06-012) Specific Use Permit to allow a
mass gathering for the Kelly Miller Circus subject to the recommendations of the Planning and
Zoning Commission.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No 7E Ordinance No. 512-A 2°d Reading Amending Ordinance No. 512, which
levied assessments for part of the cost of sanitary sewer improvements in Continental Park
Estates in the City of Southlake. Director Jackson presented this item to Council.
Mayor Wambsganss opened the public hearing.
The following residents spoke in opposition to this item:
Laurence Samartin, 1211 Timber Court, Southlake, Texas;
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006
Page 6 of 11
Alan M. Murawski, 1206 Oakhurst Court, Southlake, Texas; and, Joy Baker.
After discussion, City Council agreed to table this item until their next meeting.
Motion was made to table this item to the March 7, 2006, City Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss stated he has voluntarily completed a conflict of interest affidavit on Item
8A and will not be participating in the deliberation.
Mayor Wambsganss called for a break at 9:59 p.m.
Mayor Pro Tern Shankland reconvened the meeting back to order at 10:16 p.m.
Agenda Item No 8A Ordinance No. 480-478 1St Reading, (ZA05-127) Zoning Change for
proposed Bella Leo being approximately 11.25 acres located at 2970 Burney Lane. Current
Zoning_AG Agricultural District Requested Zoning: SF-IA Single Family Residential District.
SPIN Neighborhood #3. City Attorney Sralla advised that six affirmative votes are needed for
approval of this item. Chief Planner Killough presented this item to Council. Applicant Errol
Housmans made a presentation to Council.
Mayor Pro Tern Shankland read the names of those that filled out comment cards in opposition
to this item but did not wish to speak:
Hans Schroen, 2895 Burney Lane, Southlake, Texas;
Terry Sauder, 1090 Harbor Haven, Southlake, Texas;
Barbara Fischbach, 2940 Burney Lane, Southlake, Texas;
Bernard Fischbach, 2940 Burney Lane, Southlake, Texas;
Jack Fredricks, 2960 Burney Lane, Southlake, Texas;
Terri Gillespie, 1105 Harbor Retreat Street, Southlake, Texas;
Korey Gillespie, 1105 Harbor Retreat Street, Southlake, Texas;
John Monrad, 2905 Burney Lane, Southlake, Texas;
Mary O'Connor, 2965 Burney Lane, Southlake, Texas;
Sam Smith, 3030 Briar Lane, Southlake, Texas;
Don Smith, 3030 Briar Lane, Southlake, Texas;
Sam Flora, 880 Harbor Court, Southlake, Texas;
Diedra Flora, 880 Harbor Court, Southlake, Texas;
Tina Johnson, 1110 Harbor Retreat, Southlake, Texas;
Kathleene Stevenson, 1115 Harbor Retreat, Southlake, Texas;
Rod Stevenson, 1115 Harbor Retreat, Southlake, Texas;
Paul Stevenson, 1115 Harbor Retreat, Southlake, Texas;
Jeanenne Perritte, 2814 Tyler Street, Southlake, Texas;
Alice Miller, 3540 Burney Lane, Southlake, Texas;
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY21, 2006
Page 7 of 11
Lynn Warren, 900 Harbor Court, Southlake, Texas;
Mikel Warren, 900 Harbor Court, Southlake, Texas;
Jamie Galis, 885 Harbor Court, Southlake, Texas;
Briteann Hultgren, 529 Round Hollow Lane, Southlake, Texas;
Dinah Chancellor, 890 Harbor Court, Southlake, Texas;
Kellis Eastwood, 3530 Carmel Court, Southlake, Texas;
William S. Eastwood, 3530 Carmel Court, Southlake, Texas;
Jim Galis, 885 Harbor Court, Southlake, Texas;
Ken Land, 2900 Burney Lane, Southlake, Texas;
Bill Cook, 895 Harbor Court, Southlake, Texas;
Lynda Stewart, 2920 Burney Lane, Southlake, Texas;
Richard Schultz, 2719 York Court, Southlake, Texas;
Sue Schultz, 2719 York Court, Southlake, Texas;
Bea Wilson, 2930 Burney Lane, Southlake, Texas;
Dani McArthur, 1095 Harbor Retreat, Southlake, Texas;
Nancy McArthur, 1095 Harbor Retreat, Southlake, Texas;
Joann Bula, 1000 Brazos Drive, Southlake, Texas;
Allan Hultin, 1075 Harbor Haven, Southlake, Texas;
Rose Fredricks, 2960 Burney Lane, Southlake, Texas;
Len Leclet, 870 Harbor Court, Southlake, Texas;
Sean C. Roberts, 2920 Harbor Refuge, Southlake, Texas;
Kathy F. Roberts, 2920 Harbor Refuge, Southlake, Texas;
Eric Grass, 2915 Ridgecrest Drive, Southlake, Texas;
Alisa Grass, 2915 Ridgecrest Drive, Southlake, Texas;
Gary Hargett, 1111 South White Chapel Boulevard, Southlake, Texas;
Steve Curtis, 3580 Burney Lane, Southlake, Texas;
Cathy Curtis, 3580 Burney Lane, Southlake, Texas; and,
David Alexander, 904 Quail Creek Court, Southlake, Texas.
The following people spoke in opposition to this item:
Tommy McFall, 860 Harbor Court, Southlake, Texas;
Robert Johnson, 1110 Harbor Retreat, Southlake, Texas;
Ward Flora, 880 Harbor Court, Southlake, Texas;
John Wilson, 2930 Burney Lane, Southlake, Texas;
Alethea Schroen, 2895 Burney Lane, Southlake, Texas;
Ray Chancellor, 890 Harbor Court, Southlake, Texas;
Kathy Rogers, 3580 Burney Lane, Southlake, Texas; and,
Emily Galpin, 1481 Post Oak Trail, Southlake, Texas.
The applicant's attorney, Robert Miklos, from Hughes and Luce, 1717 Main Street, Suite 2800,
Dallas, Texas, addressed City Council regarding this SF-lA zoning request.
Mayor Pro Tem Shankland announced 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; and Section 551.087, deliberation
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006
Page 8 of 11
regarding economic development negotiations. City Council adjourned for Executive Session at
12:15 a.m. Executive Session began at 12:15 a.m. and ended at 12:30 a.m. Mayor Pro Tern
Shankland reconvened the meeting at 12:32 a.m.
Motion was made to deny Ordinance No. 480-478, 1St Reading, (ZA05-127) Zoning Change for
proposed Bella Lago.
Motion: Terrell
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell
Nays: None
Vote: 6-0 (to deny)
Mayor Pro Tem Shankland called for a break at 12:33 a.m.
Mayor Wambsganss reconvened the meeting at 12:38 a.m.
Agenda Item No 8B. Ordinance No. 480-479 1St Reading (ZA05-154 Zoning Change and
Concept Plan for proposed Hawthorne Place on approximately 10 acres located along the east
side of Randol Mill Avenue approximately 1,200 feet north of Johnson Road being legally
described as Tracts 1 E 1 E01 1 DO 1 and a portion of Tract 1 D02 Ben J. Foster Survey Abstract
No 519 Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family
Residential District. SPIN Neighborhood #13. Chief Planner Killough presented this item to
Council. Applicant Paul Spain presented this item to Council and answered their questions
relating to Land Use Plan designation, retention/detention pond, density, and lot configuration.
Councilmember Terrell stated that due to the following extenuating circumstances: medium
density located on the east and south sides of the property, the commercially-zoned property on
the northwest corner and the industrial property in the vicinity, and the fact this property fronts
Randol Mill and will be dedicating property for its expansion, he made the following motion:
Motion was made to approve Ordinance No. 480-479, 1St Reading, (ZA05-154) Zoning Change
and Concept Plan for proposed Hawthorne Place, subject to the recommendations of the
Planning and Zoning Commission and subject to Concept Plan Review Summary No. 3, dated
February 3, 2006, and noting the applicant's commitment to deliver entry feature renditions on
second reading and noting the pond will be both retention/detention.
Motion: Terrell
Second: Shankland
Ayes: Muzyka, Shankland, Terrell, Wambsganss
Nays: Hill, Jones, Morris
Approved: 4-3
Agenda Item No 8C. Ordinance No. 480-480 1St Reading, (ZA05-068) Zoning Change and
Concept Plan for Carroll Crossroads on property described as being _a portion of Tract 4G O.W.
Knight Survey Abstract No 899• located at the southwest corner of East Southlake Boulevard
and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2
Generalized Site Plan District. SPIN Neighborhood #9e. Chief Planner Killough presented this
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21, 2006
Page 9 of 11
item to Council. Applicants Jimmy Schnurr and Steve Gregory of Hopkins Commercial made a
presentation to Council. Council asked questions and discussed topography, fencing, Land Use
Plan designation, access, and allowed uses.
Mayor Wambsganss allowed time for the following speaker:
Marcell Bosworth, 620 S. Kimball, Southlake, Texas, stated that he is representing the adjacent
landowner, Chauncey Prade, and spoke in opposition to this request.
Motion was made to approve Ordinance No. 480-480, l5t Reading, (ZA05-068) Zoning Change
and Concept Plan for Carroll Crossroads subject to the recommendations of the Planning and
Zoning Commission; subject to Concept Plan Review Summary No. 4, dated February 3, 2006;
noting the applicant has agreed to 100% office on the southern parcel and will integrate design of
the southern parcel with the northern parcel; noting the applicant has agreed to a five foot tall
stone and wrought iron combination fence along the eastern boundary; requiring new elevations
of the southern parcel by second reading; noting the city is not guaranteeing left-hand turn access
on F.M. 1709 and stating it could be a median in the future; the center landscaped areas will have
a stone retaining wall; noting the applicant has done a good job in coordinating access between
other parcels in the area and has set a standard for those future developments; deleting the dry
cleaner use; and noting the applicant's agreement to join 50-50 with the developer of the
property east of this development to de-construct any barriers that are erected by this
development in order to facilitate the cross access between the two developments.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Muzyka, Terrell, Wambsganss
Nays: Morris, Shankland
Approved: 5-2
Agenda Item No. 10A. Consider SP06-031, Variance to Sign Ordinance No. 704-B for Stampede
Sports Arena located at 250 Players Circle. Chief Planner Killough presented this item to
Council. Applicant Rick Byrd, 112 Wycklane Court, Southlake, Texas, answered Council's
questions. Council discussed this item.
Motion was made to approve SP06-031, Variance to Sign Ordinance No. 704-B for Stampede
Sports Arena located at 250 Players Circle, deleting the Nike logo and granting all other
variances.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR CITY CO UNCIL MEETING MINUTES, FEBRUARY 21, 2006
Page 10 of 11
Agenda Item No. 12. Me.::ing adjourned. Mayor Wambsganss adjourned the meeting at 2:43
a.m.
*An audio recording of ',is meeting will be permanently retained in the City Secretary's
Office.
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Andy Wambsganss
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 21,2006
Page 11 of 11
y'
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
'OUNTY OF TARRANT
as a m tuber of the ~/G! C~ of the City of Southlake,
make this affidavi and hereby on oath state the fo lowing: I, my sp use, and/or a person or persons related to me
within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as
defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be
taken or a decision is to be made that will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is:
ApPuckpT s
COMPLETE (A) or (B): (A) The/usiness entity is (name); or
(B) The real property is located at: 2,? 7,9 Z
re4 f~
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $5,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00)
or more.
Property of the person has been pledged to the business entity or is subject to a lien in favor of the
business entity in the amount of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair
market value of at least $2,500.
Other: 1' B/~ i*
Jyl~1 PT~i2S ®r~ ~.~ST 2~ c', lrry
®~~i~/~
Upon filing of this affidavit with the City Secretary, I affirm thal will abstain from voting on any decision and
from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that
this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in
question is being addressed or as soon as practicable once I realized a potential conflict exists.
Signed this,~ay of /2(~io9 20~.
Signature of Official
he State of Texas §
County of Tarrant §
Before me, GlSac~' on this day personally appeared
~s/ ffy~i3~,~„~s J kn n to me or proved to me on the oath of or through
(escription of identity card or other document) to be the person whose name is subscribed to the
foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within
his personal knowledge and are true and correct.
Given under my hand and seal of office this jy of
(SEAL)
ALLISON S. PRICE
Notary Public, State of Texas Notary Public in and for the State o Texas
My commission Expires
February 14, 2007
CeceI ved Otu k5 O t- )c C--;ru.vK
a-(' e Fehrvca rL.( Io
January 24. 2006 GouKu Vnee-h'
To: Mr. Wayne Goolsby
Southlake Chief of Police
From: Gary Hargett
1111 S. White Chapel Blvd.
Southlake, Texas
(817)329-2150
Re: Paintball War Games at 911 S. White Chapel
Blvd., Saturday, 1-21-06 from 3:00 p.m. to
6:00 p.m.
At approximately 3:00 p.m. Saturday my daughter came
running into the house asking, "what's going on - it sounds like
a war outside & the horses are going crazy I went outside to
discover at 911 S. White Chapel approximately 15-20 people
engaged in a Paintball war games all with rapid fire guns that
sounded like machine guns. Southlake Police were immediately
called & Officer Berryhill was dispatched. They must have had a
scanner because all activity ceased just prior to his arrival.
Officer Berryhill left the scene & the machine guns started
again. Being fearful of injuries, the horses had to be put in the
barn at 4:00. 1 made a second call to Southlake Police to
inquire why the Officer didn't put a stop to the war games. The
dispatcher had Officer Berryhill call me at 4:28 & explained to
me there was nothing in Southlake ordinances that prohibited
Paintball gun firing & if I could show him an ordinance
prohibiting this activity he would return , otherwise, there was
nothing he could do. I explained to Officer Berryhill that I'm
sure this situation is covered by public safety ordinances. His
suggestion was for me to go talk to my neighbor about it. I
asked him if he thought my neighbor would be interested after
the Police had told to go ahead.
Conse I have reviewed Southlake Ordinance
Article I eapo o ection 1 1-31 which clearly states air
projectile compressed gas rifles and pistols are prohibited.
(Ord.No.527, 1, 1-15-91 )
Also, I am more familiar with Paintball guns as a result of this
experience. Paintballs are .68" diameter, travel at a speed of
300 feet per second or 200 mph & are cable of putting an eye
out at 750 feet. Mr. Dean's (911) property is apprx. 275 ft.
wide, Mr. BurnittIs (921) property is appx. 200 ft. wide & all
the paintball firing was done in a North/South direction. Our
property (1111 ) is next to Burnitt's which means the north
275 ft. of our property was a danger zone from 3:00 p.m to
6:00 p.m. 1-21-06 because of Officer Berryhill's lack of
knowledge of our city's ordinances. The Police are supposed to
be the residents defense against unlawful acts. I am
respectfully asking in writing from Southlake that my family
and our animals will be protected on our own property in the
future and Southlake Police will be bought up to speed on City
ordinances that protect the residents of our community.
Thank You for your attention to this matter & I hope this will
result in a safer Southlake. As it stands today by Southlake
Police permission Mr. Dean could be planning on regular
paintball war games on his property.
Sincer ,
Gar argett
...OV V. 1~LLiw.rs :1LJ sViii~rr ✓Vir '~''VW`""
1/26/06 Incident Maintenance CAang;
ORI'#:r°TX2203200"SDPS/.PD 2006-0000095
Call Date/Time 1212006 +`160914 SATURDAY
Dispatch .Date/Time W + ib'MM
Arrive Date/Time 1212006 + ib'=
Clean Date/Time M + i70'$U Disposition: 4
Location -911S WHITE CHAPEL`BLVD, Type: O (S/C/0/X
Cross Street Venue: +
Nature Of Call:,OUT BACK , 20 P15=r
Caller. ~
Complainant SWC,
Incident Type + one Number: 81732 M 50
Report Reqd : W77=Yes, N=No) Priority .
Unit 1:' 212 + -ID 1: 135 + DUNN,MIKE, ID 2: +
Unit 2: + ID 3: +:BERRYHILL, ID 4: +
Area: DISTRICT 3 Section: R118 +:R118 Grid X85 + BOX 85
F3=Exit F4=Prompt F9=Cases F10=FI1S. Fll=State/NCIC History F12=Cance
F14=Status/Dispos F15=Suspect Vehicles F16=Names F17=Times F18=Radio Lo
F19=Dispatch 'F20=Plates F21=Review F22 Additional F23=Case Doc F24=Doc
Open Record
Copy
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1/26/06 Work `With Documents
Yeer 20`06 Incident: 00000957
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NARRATIVE JAN 21 2006 17:07 20060121.OGN More: +
Incident * 200600000957 created By:'MBERRYHILL on; 1/21/2006 5:07:45
PM
„
Upon arrival met'with-resident.who was having a birthday party and had
set up a paintball-area at the back.of his property. The paintballs
.being fired were out.of pistols which I do not.believe meet the:city
3 ordinance violation: of 300 feet per second..The:noise from them.was
_,not.excessive':,for'a`no se violation either. The homeowner advised he
would be`finishing;the games up'shortly.
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PaintballSafety.com Page 1 of 1
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TNT Paintball - Safety Page 2 of 5
paintballs in it (which should not be assumed) there may be shell
fragments, dirt, sand or other loose material that can cause
damage. Additionally, a CO2 blast at close range could be
damaging.
Paintguns, paintballs and pressurized bottles must be kept out of
the reach of children.
Paintguns must not be used by children (anyone under the age of
18) without the expressed consent of their parents or legal
guardian and then should be used only under adult supervision.
Paintguns should be stored uncharged and unloaded. (However,
Always treat it as though it's loaded)
Paintguns should be transported uncharged and unloaded.
Do not shoot cars, homes or other items with painted or finished
surfaces. The paintballs are non-toxic but can dis-colour or
dissolve painted or fmished surfaces.
Never shoot at anyone not wearing approved goggles or eye
protection.
Observe all safety rules applicable to firearms when handling a
paintball gun.
Never shoot anything from the paintgun except water soluble
paintballs.
Don't play paintball games on property not designated or
permitted for paintball game use.
Never brandish paintguns in public places. It may be illegal and
others including Law Enforcement officials may not be aware of
what you are doing. They may construe your actions as a threat
or a danger. It is best to transport your paintguns in a bag or
carrying case.
All Federal, National, Territorial, Provincial, Regional, State,
County, City, Municipal or Township laws, regulations and
safety codes apply to the use and ownership of paintball guns.
Know them !
http://www.tntpaintball.com/safety.htmi 1/22/2006
TNT Paintball - Safety Page 3 of 5
Maximum industry regulated velocity in the USA and Canada is
300 feet per second.. If you do not own a chronograph, have your
paintgun speeds checked before it is used in play, at a paintball
game field or paintball store.
Keep your barrel pointed in a safe direction at all times. (Even
when you set the paintgun down)
Keep your finger off the trigger until you're ready to shoot. Your
"finger should not be on the trigger in a neutral, safe zone, no
goggles required area or other non-playing area.
Clear the chamber and the barrel when you are through shooting.
Semis have to be cleared upside down or they will feed another
ball.
Never look down the barrel of a paintgun, even with the power
source disconnected. Some Paintguns still store enough C02 to
shoot a few paintballs after the power source is disconnected.
Remove all power sources before disassembly of a paintgun.
Do not handle or use paintguns or other gas powered devices
used in paintball activities or games until you are familiar with
their working characteristics and have read all manufacturers
warranties, safety precautions and have read and understood all
paintball safety rules.
Never shoot at another person with the intent to cause injury or
harm.
Pressurize your paintball devices only when you're ready to use
them.
Don't handle, play with, load, use, or shoot any gas-powered
device while under the influence of drugs or alcohol.
Never shoot a paintball at, near or through any door, doorway,
entrance, window, etc. This kind of playfulness, whether on your
personal property or not, is not safe. Anyone could come through
an entrance, just as you shoot. Do not shoot toward any game
field entrance. While goggles are supposed to be on, the entrance
is a likely area that people will have to be reminded to put the
goggles on.
http://www.tntpa intball.com/safety.html 1,/22/2006
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DEVELOPER COMMITMENT FOR ZONING APPROVAL
SUPPORTING MAPS
• ERP
• Current Zoning
• Land Use
OVERVIEW OF PROJECT TEAM
• Dwight ("Ike") A. Shupe - Hughes & Luce, LLP
• Robert Miklos - Hughes & Luce, LLP
• John L. Boone - Boone Engineering Company, Inc.
• Jack L. Lyle - Encompass Land Surveying, LP
0 Thom Hubecek - Exteriors at Work
DEVELOPER COMMITMENT FOR ZONING APPROVAL
ENTRYWAYS / SIGNAGE
Understated entryway off of Burney (Small sign like Montclair Parc in Colleyville)
Main Signage will be presented in the back of the subdivision adjacent to the first turn
All signage will have an "Old World" feel to match the theme of the neighborhood
ROAD LAYOUT
Concrete road with mountable curbs
Paved concrete and/or pavers in roundabouts / cul-de-sacs
The entry street off of Burney Lane shall match the look and feel of the Harbor Oaks Subdivision
The crossing over the major drainage feature behind Lot 9 of Harbor Oaks shall be constructed with
natural rock/stone walls and other natural landscaping improvements to ensure that it will be both
aesthetically pleasing and architecturally significant
DRAINAGE
Natural drainage systems will be used, where applicable, to reduce pollutants in runoff and provide
valuable wildlife habitat
The detention pond found on the lot adjacent to Lot 9 of Harbor Oaks shall use natural materials such as
native stone, grasses and other landscaping improvements to create an amenity rather than an
unattractive drainage feature
o This detention pond shall have a natural stone/rock wall
o It will have 36 inch, reinforced concrete, pipe with the ends treated with a natural stone/rock
face
FENCING LAYOUT
An eight (8) foot rod iron fence with natural stone/rock columns will be built along the border of the
property and the adjacent neighbors
No fencing will be erected in the flowage easement or floodplain areas along western boundary
ENVIRONMENTAL RESOURCE PROTECTION RECOMMENDATIONS
We will comply with the Environmental Resource Protection Recommendations as outlined in Section 3 of
Southlake 2025 master plan
NO LOT will require reclamation of land, exchange of land or the use of fill in the flowage easement or
floodplain areas
We will use conservation easements, buffers and setbacks, vegetated swales, vegetated filter strips and
water detention basins, when applicable
We will design the site to fit with the topography, when applicable
We will use a "Treatment Train" approach to achieve environmental resource protection goals
COVENANTS, CONDITIONS AND RESTRICTIONS
The minimum square footage for homes will be 5,000/sf
All homes will be required to have sprinkler systems
There will be no parking on the streets
Strict building standards for all homes including exterior and interior materials, roofing materials, roofing
pitches, building heights, etc.
Starwood shall be the exclusive builder for this community
Uniform mailboxes, fencing and other items to maintain an "Old World" look and feel
There will be a corporation that operates the Homeowner's Association
o This corporation will be responsible for maintaining the common areas / Critically important to
maintain and protect the environment
o This corporation will be the governing body long-term for the subdivision
The wastewater treatment systems will be strategically placed on each lot to minimize their impact on the
existing neighbors, using systems with the newest technology, and will comply with county and city
standards
SUBDIVISION LAYOUT
We propose NOT LESS THAN seven (7) new lots and NOT MORE THAN eight (8) new lots.
We stipulate that, with this submission, the members of the Planning and Zoning Commission have
unanimously advised that seven new lots would be the most desirable lot count.
o We will finalize a lot count upon final approval of zoning (and after all costs have been
calculated)
NO LOT will require reclamation, exchange or fill to the flowage easement or floodplain areas
SUPPORTING MAPS
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OVERVIEW OF PROJECT TEAM
DWIGHT ("IKE") A. SHUPE
Hughes & Luce, LLP
Partner
Mr. Shupe joined Hughes & Luce LLP in 1981 and has significant experience in real estate transactions,
with emphasis on municipal, zoning and land use law applicable to residential, commercial and
industrial development, including the development of Alliance Airport in north Fort Worth and the
American Airlines Center and Victory projects in downtown Dallas.
Mr. Shupe has represented clients in the acquisition, annexation, zoning and development of major,
mixed-use projects including extensive experience in negotiating annexation service plans and
development agreements for public development of infrastructure and municipal services to support
planned private development. Mr. Shupe has also represented municipalities and counties in the
negotiation and acquisition of rights-of-way for state and local highway projects involving federal
funds.
Mr. Shupe served as an officer in the U.S. Air Force, 1971-1978, during which time he managed
research and development contracts for the B-1 bomber and Minuteman ICBM weapons systems.
AREAS OF EMPHASIS
• Land use
• Annexation
• Zoning
• Subdivision approval
• Site plan and development plan approval
• Infrastructure development agreements
• House Bill 1 197 "Development Agreements"
• Regulatory "takings" and illegal exactions
• Vested development rights
• Tax Increment Financing
• Public Improvement Districts
• Special taxing districts (e.g., MUDS, FWSDs, and WCIDs)
• Oil and gas development
• Environmental
• Real estate development
REPRESENTATIVE EXPERIENCE
• Representation of Electronic Data Systems Corporation in zoning and land use matters in Dallas, Plano,
Denton, Carrollton and McKinney.
• Representation of The Perot Group in the annexation, zoning and development of over 13,000 acres of
land, including the development of Fort Worth Alliance Airport, in Tarrant and Denton Counties north of
Fort Worth.
• Representation of The Perot Group in the creation of a special "Airport Overlay Zoning District" to minimize
the potential for incompatible land uses in and around Fort Worth Alliance Airport.
• Representation of The Perot Group in the creation of public improvement districts to supplement standard
municipal services for private development.
• Representation of Pinnacle Air Services, Inc. in negotiating airport management agreements and long
term ground leases for the construction, operation and maintenance of aeronautical related facilities,
including FBO operations and fuel farm facilities.
• Representation of MCorp and MBank Dallas in the development and construction of Momentum Place, a
60 story office tower in downtown Dallas.
• Representation of AIL Investments, Inc. in the rezoning of the 2,500 acre mixed use Circle T Ranch in the
Town of Westlake.
• Representation of SABRE, Inc. in the rezoning of its 156 acre corporate campus headquarters site in
Southlake.
• Representation of Hillwood Development Corporation and Center Operating Company in the rezoning of
the 75 acre downtown Dallas site containing the American Airlines Center and surrounding Victory
development project.
• Representation of Hillwood Development Corporation and Center Operating Company in the creation of
the Victory Special Provision Sign District containing the 75 acre downtown Dallas site for the American
Airlines Center and surrounding Victory development project.
• Representation of Bob Shelton Enterprises in the development of Cross Oak Ranch, a master planned
residential community in Denton County.
• Representation of Hillwood Residential in the development of Liberty, a master planned residential
community in Collin County.
• Representation of James Mabrey Partners in the development of Kingsborough, a master planned
residential community in Kaufman County.
• Representation of Bear Creek, LP and affiliated entities in the development of Bear Creek, a master
planned residential community in Lavon, Texas.
• Representation of Cadence Capital in the development of a mixed-use residential, commercial and
retail project in Mansfield, Texas.
• Representation of the AVEX Group in connection with the development of Light Ranch, a master planned
residential community in Collin County, Texas.
• Representation of IHP in connection with the development of Travis Ranch, a master planned residential
community in Kaufman County, Texas.
• Representation of Bennett Realty Group, Inc. in connection with the development of Bear Creek, a large
mixed-use residential, office, and retail development in Bedford, Texas.
• Representation of Devon Energy in land use matters related to oil and gas development.
ADMISSIONS
• State Bar of Texas, 1982
BAR & PROFESSIONAL AFFILIATIONS
• American Bar Association
• Dallas Bar Association
COMMUNITY
• Pro bono representations
• Denton Chamber of Commerce, member Development Code Review Committee
• Greater Dallas Homebuilders Association, member Governmental Affairs Committee
• Greater Fort Worth Homebuilders Association
AWARDS & HONORS
• Best Lawyers in Dallas, D Magazine, 2005
• Texas SuperLawyer, Law & Politics Magazine and Texas Monthly, 2003, 2004, 2005
• Best Lawyers in Dallas, D Magazine, 2003
• Best Lawyers in Dallas, D Magazine, 2001
PUBLICATIONS & SPEECHES
• "Takings Litigation," Special Institute on Development Issues & Conflicts in Modern Gas and Oil Plays,
(11/04/04)
• "The Inlets and Outfalls of Drainage Liability," Carter Burgess presentation, (9/01/04)
EDUCATION
• Southern Methodist University, J.D., cum laude, 1981
o Moot Court Board, Order of the Colif
• Massachusetts Institute of Technology, M.S., 1970
• Ball State University, B.S., with honors, 1968
ROBERT MIKLOS
Hughes & Luce, LLP
Senior Counsel
Mr. Miklos brings a wealth of experience to the table for clients in real estate litigation. As a former
assistant city attorney in Dallas, he was responsible for litigation regarding zoning and land use,
challenges to city ordinances, conversion claims, declaratory judgment actions, annexations and
Board of Adjustment appeals.
AREAS OF EMPHASIS
• Real estate
• Zoning and land use
ADMISSIONS
• State Bar of Texas, 1991
BAR & PROFESSIONAL AFFILIATIONS
• American Bar Association
• Dallas Bar Association
PUBLICATIONS & SPEECHES
• "Knowing removing knowingly from your complaints," Municipal Court Recorder, co-author, February 2000
EDUCATION
• University of Houston, J.D., 1991
o Student Senator, 1990
• University of Texas, B.A., 1988
JOHN L. BOONE, P.E., NSPE
Boone Engineering Company, Inc.
Principal
Mr. Boone began working in the engineering field in 1961 and has worked on hundreds of projects in
engineering design, architectural design and construction management in a wide variety of industrial,
commercial, roadway, airport, institutional, municipal and large residential settings. Duties and
specialized knowledge has been gained in detailed cost planning for infrastructure, refurbishment,
ground-up projects, identification of suitable sites for speculative developments, preparation of
financial appraisals, municipal board/commission presentations to secure entitlement approvals and
resolution of planning and zoning issues, proficiency in web based project management software and
Primavera scheduling software. Projects have been successfully completed across many industry
sectors using forms of procurement strategy with a range in contract value from $3M to $145M.
Responsibilities and job titles have included Owner, Chief Executive Officer (CEO), Chief Operating
Officer (COO), Director of Engineering, Director of Construction, Project Management, Civil
Engineering, Structural Engineering, Sanitary Engineering, Value Engineering, Risk Management,
Feasibility Estimating, Benchmark Analysis, Operations Management, Operations Analysis, Control/
Reporting, Valuation of Interim Payments and Variations and Post Construction Cost Analysis.
In 2001, Mr. Boone founded Boone Engineering Company, Inc., a full-service civil and structural
engineering and construction management firm that is professionally licensed in Texas and New
Mexico.
AREAS OF EMPHASIS
• Civil Engineering
o Waste Water Design
o Water and Storm Water Design
o Paving and Drainage Design
o Earthwork Design
o Traffic Signal Design
o Highway Illumination Design
• Structural
o Foundation Design
o Building Frame Design
o Retaining Wall Design
• Construction Management
o Institutional
o Municipal
o Commercial
o Industrial
o Multifamily
o Residential
REPRESENTATIVE EXPERIENCE
• Provided engineering and design services, collaboration and construction management for the City of
Frisco on their high profile development, Frisco Square.
TNT Paintball - Safety Page 5 of 5
Do not walk into any safe area with a loaded paintgun or other
device capable of expelling a projectile.
Paintballs may travel up to 250 yards (if unobstructed) and still
hit with dangerous velocity. All persons within this range must
have on all the necessary safety gear.
NOTE: The wording "paintgun" is used in reference to a paintball gun- an
air gun designed or capable of shooting a gelatin shelled, paint filled ball.
Additionally the above rules apply to any gas powered, projectile shooting
device, used in paintball games. Paintguns are not toys and are considered to
be dangerous weapons by some manufacturers written disclosures and
warning tables! If paintguns are used for their intended use and are used in
conformance to all rules governing paintball and paintball equipment, the
result will be a much safer sport.
Sunday, January 22,
2006
http://www.tntpaintball.com/safety.htmi 1/22/2006
TNT Paintball - Safety Page 1 of 5
Main
In addition to safety rules found on the waiver. Including but not Special Events
limited to the following: FAQ
Fields
Always wear "approved for paintball" eye protection when Regular Prices
using paintguns, or when you're near an active paintgun or Groups
discharging/shooting area. Directions
Equipment
Do not play paintball with anyone not wearing "approved for Safety Rules
paintball" safety equipment. Hints and Tips
Hours
Always use barrel plugs! Do not exit an active area of play Downloads
without the barrel plug or barrel blocking device in place and Action Photos
your barrel pointed toward the ground as you exit. Contact us
Do not play paintball type games in or around neighborhoods,
public areas or anywhere a stray paintball could hit a non-
participant or someone's property. Always play at a Paintball
0
Field that adheres to approved standards of operation. See: Telephone book, "paintball" or "the internet" to find fields in
your area. Predetermine which fields are safely run and insured.
. - Don't Miss a Thing!
Never cock or load the paintgun while it's pointed in the direction We are starting an email
mailing list that will notify
of any person or animal. you of upcoming open
games, special events, and
Paintguns without approved barrel blocking devices must be special pricing. If you would
like to be included on this
carried with the barrel pointing to the ground while in the list, send us your name and
staging, neutral, or parking areas of a paintball field. As a general email address and you will
principle, all paintguns should be carried with the barrel pointing never miss nts at rant
upcoming events at TNT
to the ground. Paintball. This list will be
kept private and will not be
Never shoot paintballs at any player showing a neutrality symbol, distributed to others.
any non-player, any judge, any spectator, any animal or bird. Contact TNT
During a paintball game, no player may shoot at aiiy person, paintball
object, or animal outside the perimeter of the active playing field.
Do not point or discharge a paintball gun or other gas powered
device used in paintball games at anyone not in an active game or
wearing all the necessary safety equipment. Even if there are no
http://www.tntpaintball.com/safety.htmi 1/22/2006
• Provided comprehensive engineering design services, schematic, platting, utilities design, taps to Town
services, paving and site drainage design for JRT Group on the Vineyards on the Lake Addition, a 140
acre land development in the Town of Flower Mound.
• Provided engineering and design services, collaboration and construction management for Centex
Corporation on their Dallas Corporate Headquarters.
• Provided engineering and design services, collaboration and construction management for Rolex USA on
the Lititz Training Center addressing underground detention and clean air requirements.
• Provided engineering design services, collaboration and construction management for Jones, Day,
Reavis & Pogue on Phase II of this project, which was awarded with the Summit Award by the AGC.
• Provided engineering and design services, collaboration and construction management for North Texas
MWD to specifically addressing odor control through innovative design and landscaping features.
• Provided project design, site work utilities layout, fire lines, taps to city utilities, paving and drainage
designs, specifically addressing wastewater, for four school renovations and additions to the Dallas
Independent School District.
• Provided re-design of both the new and old parking areas, drainage design and utilities to the new
church building, structural design of the plaza, along with offsite drainage structures for the Catholic
Diocese of Dallas - Mary Immaculate Church.
• Provided re-design of both the new and old parking areas, drainage design and utilities to the new
church building, redesigned underground detention coupled to the existing detention system, grading for
the grounds and parkways, along with berms and landscape features for Diocese of Forth Worth - St.
Catherine of Siena.
• Provided engineering design of two separate truck plazas in two cities in the State of Oklahoma with
extensive drainage studies and design, offsite utility design and coordination, concrete paving design,
side streets design with turn lanes on the State Highway requiring approval by the Oklahoma Department
of Transportation for the Choctaw Nation of Oklahoma.
PROFESSIONAL AFFILIATIONS
• National Society of Professional Engineers
• American Society of Civil Engineers
• CRSI
• Texas Society of Professional Engineers
• National Society of Professional Engineers in Construction
• International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers
• International Brotherhood of Operating Engineers
EDUCATION
0 New Mexico State University, B.S., Civil Engineering, 1973
JACK L. LYLE, RPLS
Encompass Land Surveying, LP
Senior Vice President, Director of Operations
Mr. Lyle began working in the surveying field in 1964 and has worked on hundreds of projects in land
surveying, planning, mapping and GIS/GPS while serving as a rodman, crew chief, survey technician,
field coordinator, office manager, executive officer, partner and owner of private land surveying
practices in Texas. With more than three decades of experience in the industry, Mr. Lyle has earned a
reputation and is widely-regarded as a technological leader in the industry, becoming highly
proficient in the use of the latest equipment and methodologies such as Geodimeter Robotics, TDS,
Trim ble/Geodimeter/Ashtech GPS Receivers, GeoGenius GPS Post-Processing, Trimble Geomatics
Office and least-squares analysis and network adjustment. Mr. Lyle is equally capable and competent
with industry software, including AutoCad, MicroStation, ArcView GIS, Arc/Info GIS, ArcGIS, Avenue,
AML, Carlson Survey and Survcad.
Mr. Lyle has a distinguished background in teaching and personnel development and was a teaching
fellow at North Texas State University, was an instructor of mathematics at Eastfield College, taught
Introduction to GIS at the University of Dallas and currently serves as adjunct faculty teaching various
graduate courses in GIS/GPS.
AREAS OF EMPHASIS
• Land Surveying
• Planning
• Mapping
• GIS /GPS
• Project Management
• Business Development
• Quality Assurance
• Personnel Management and Development
• Estimating and Budgeting
REPRESENTATIVE EXPERIENCE
• Provided TXDOT control, right-of-way and design services in six different districts on more than a dozen
projects for the Texas Department of Transportation (TXDOT).
• Provided acquisition surveys, construction monitoring, surveying, platting and design services for more
than twenty-five miles of the Starter System for Dallas Area Rapid Transit (DART).
• Provided comprehensive boundary surveys over various projects on the land in Dallas County for the
Dallas/Fort Worth Airport.
• Provided land surveying, planning, mapping and GIS/GPS services for various municipalities and local
governments, including Dallas County, Collin County, City of Dallas, City of Plano, City of Ft. Worth, City of
Frisco, City of Sachse, City of Royse City, City of Little Elm, City of Ennis, City of Austin and the City of
Lockhart.
• Provided land surveying, planning, mapping and GIS/GPS services for numerous master-planned
communities, including Lone Star Ranch, Castle Hills, and Horseshoe Bay.
• Provided land surveying, planning, mapping and GIS/GPS services for the 157 lot, Preston Oaks Subdivision
in Colleyville, Texas owned by Rafael Palmiero.
• Provided land surveying services and construction layout for numerous residential and commercial
projects in Las Colinas.
PROFESSIONAL REGISTRATION
• Texas Registered Professional Land Surveyor (RPLS), Number 2511, 1980
PROFESSIONAL AFFILIATIONS
• National Society of Professional Surveyors
• American Association for Geodetic Surveying
• Texas Society of Professional Surveyors
EDUCATION
• University of Texas at Dallas, PHD., 2008
o In Progress
• University of Texas at Dallas, M.S., 2000
• North Texas State University, B.A., 1969
THOM HUBACEK, JR
Exteriors at Work
Principal
Highly experienced with over a decade of providing landscape architecture and design services, Mr.
Hubacek has worked on a wide variety of projects in Institutional, Municipal, Commercial, Industrial,
Multifamily and Residential settings while serving as field technician, office manager, executive officer,
partner and owner of private landscape architect practices in Texas. Mr. Hubacek has performed on
high-profile projects such as a subdivision for future Hall-of-Famer, Rafael Palmiero, major design and
implementation services for multiple cities in Texas along with hundreds of local, custom-design
projects. Mr. Hubacek has earned a reputation for the responsive and sensitive manner he employs
when working in environmentally and ecologically sensitive areas and has gained valuable
experience performing in revitalization and land reclamation projects.
Mr. Hubacek founded Exteriors At Work, a full-service landscape architectural and design company
that specializes in landscaping, lighting, irrigation and maintenance services throughout the North
Texas area.
AREAS OF EMPHASIS
• Landscape Architecture
• Landscape Design
• Earthwork Design
• Institutional Land Management
• Municipal and Local Government Land Design
• Commercial Land Design
• Residential Subdivision Layout & Design
REPRESENTATIVE EXPERIENCE
• Provided landscape architecture and design services to Stone Place Mall in downtown Dallas, Texas.
• Provided landscape architecture and design services on the Pinnacle Park Project that was a one
thousand acre mining reclamation site that was transformed to multi-use development for hotel, retail,
office/warehouse, restaurant and recreation.
• Provided landscape architecture and design services for entries, common areas, parks and ponds for
Preston Oaks Addition to the City of Colleyville, a subdivision owned by Rafael Palmiero.
• Provided landscape architecture and design services to the City of Luling, Texas on the revitalization of
their downtown area.
• Provided landscape architecture and design services to the City of Smithville, Texas on the revitalization
of their downtown area and the development along the riverfront.
• Provided landscape architecture and design services to the City of Carlos, Texas on the reclamation of
former mining properties for conversion to public parks, camping, recreation and lakes.
PROFESSIONAL REGISTRATION
• Texas Registered Landscape Architect, Number 2127
PROFESSIONAL AFFILIATIONS
• American Society of Landscape Architects
• Association of Professional Landscape Designers
• Texas Board of Architectural Examiners (TBAE)
PUBLICATIONS & SPEECHES
Published in Landscape Architecture & Specifier News, January, 2005
EDUCATION
0 Texas A&M University, BS, Landscape Architecture
AU,- +f Ie ~+elarr,~cv
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DEVELOPER COMMITMENT FOR ZONING APPROVAL
Tcl_
ENTRYWAYS / SIGNAGE
• Understated entryway off of Burney (small sign like Montclair Parc in Colleyville)
• Main signage will be presented in the back of the subdivision adjacent to the first turn
• All signage will have an "old world" feel to match the theme of the neighborhood
ROAD LAYOUT
• 24' Roads with 40' ROW throughout the subdivision
• Concrete road with mountable curbs
• Paved concrete and/or pavers in roundabouts / cul-de-sacs
• The entry street off of Burney Lane shall match the look and feel of the Harbor Oaks Subdivision
• The crossing over the major drainage feature behind Lot 9 of Harbor Oaks shall be constructed with
natural rock/stone walls and other natural landscaping improvements to ensure that it will be both
aesthetically pleasing and architecturally significant
DRAINAGE
• Natural drainage systems will be used, where applicable, to reduce pollutants in runoff and
provide valuable wildlife habitat
• The detention pond found on the lot adjacent to Lot 9 of Harbor Oaks shall use natural materials
such as native stone, grasses and other landscaping improvements to create an amenity rather
than an unattractive drainage feature
o This detention pond shall have a natural stone/rock wall
o It will have 36 inch, reinforced concrete, pipe with the ends treated with a natural
stone/rock face
FENCING LAYOUT
• An eight (8) foot rod iron fence with natural stone/rock columns will be built along the border of
the property and the adjacent neighbors
• No fencing will be erected in the flowage easement or floodplain areas along western boundary
ENVIRONMENTAL RESOURCE PROTECTION RECOMMENDATIONS
• We will comply with the Environmental Resource Protection Recommendations as outlined in
Section 3 of the Southlake 2025 Master Plan
• NO LOT will require reclamation of land, exchange of land or the use of fill in the flowage
easement or floodplain areas
• We will use conservation easements, buffers and setbacks, vegetated swales, vegetated filter strips
and water detention basins, when applicable
• We will design the site to fit with the topography, when applicable
• We will use a "treatment train" approach to achieve environmental resource protection goals
COVENANTS, CONDITIONS AND RESTRICTIONS
• The minimum square footage for homes will be 5,000/sf
• All homes will be required to have sprinkler systems
• There will be no parking on the streets
• Strict building standards for all homes including exterior and interior materials, roofing materials,
roofing pitches, building heights, etc.
Siarwood shall be the exclusive builder for this community
• Uniform mailboxes, fencing and other items to maintain an "old-world" look and feel
• There will be a corporation that operates the Homeowner's Association
o This corporation will be responsible for maintaining the common areas / Critically important
to maintain and protect the environment
o This corporation will be the governing body long-term for the subdivision
• The wastewater treatment systems will be strategically placed on each lot to minimize their impact
on the existing neighbors using systems with the newest technology
06
RECDFE 3
Page 1 of 2 02/09/2006
DEVELOPER APPROVAL
ell SUBDIVISION LAYOUT
• We propose NOT LESS THAN seven (7) new lots and NOT MORE THAN eight (8) new lots.
• We stipulate that, with this submission, the members of the Planning and Zoning Commission have
unanimously advised that seven new lots would be the most desirable lot count.
o We will finalize a lot count upon final approval of zoning (and after all costs have been
calculated)
• NO LOT will require reclamation, exchange or fill to the flowage easement or floodplain areas
REM F E. 3 f) 9X000
Page 2 of 2 02/09/2006
Citizens of Southlake
Carmel Bay
Harbor Oaks
Huse Homeplace
January 9, 2006
Planning and Zoning Commissioners
City of Southlake
1400 Main Street
Southlake, TX 76092
Gentlemen:
Please let us take this opportunity to express five points regarding the proposed
development, Bella Lago.
We believe that both the interests of the landowner and developer can be
balanced with those of the existing community. Plainly speaking, some
compromise should be pursued and targeted at the issue of density. The current
proposal is simply too dense, too many lots on too little property. We say this for
five reasons.
First, we can argue about the average lot size, the average home size, and the
presence or lack of presence of horses, but one fact cannot be disputed. A
simple drive through the existing community would clearly reveal the rural and
open nature of the area. This is very different from most parts of Southlake. The
proposed Bella Lago plan of 1 acre lots clustered around a boulevard is not
consistent with this community. By compromising the lot size, this development
could be built and still be a part of the existing community.
In fact, the Huse Homeplace development, the most recent development in the
area has 6 home sites ranging from about 2 acres to almost 4 acres. A review of
City Council documents analyzing the history of Huse Homeplace demonstrates
that the City Council voted down a larger and higher density proposal. What
began as an adversarial process ended with the development of property that is
consistent with the existing community. This same process should be pursued
with the Bella Lago proposal.
Second, The proposed development plat, a 100+ year old undisturbed wooded
acreage, constitutes a major land piece in the "Southlake Cove" ecosystem and
also serves as the major wildlife corridor on the eastern side of the "Cove." It
constitutes two of the five transition zones associated with the Quail Creek flow
channel. This varied transition zone system serves virtually every animal listed in
this part of Texas.
1
Failure to recognize this complex biosystem and its impact of the total "Cove"
system would be an irreversible tragedy for the City of Southlake.' By reducing
the density of the development these environmental issues could be addressed.
Further, less home sites would give the developer some "breathing room" to
propose concrete plans to address the issue of animal migration along the
western corridor of the property. Again, Huse Homeplace should serve as a
successful model.
Third, by the developer's own admission, at least one of the proposed lots will
require "reclamation" of the public land in the floodplain of Lake Grapevine. This
process will require significant excavation in an environmentally sensitive area.
We don't believe this process has been pursued in the City of Southlake in the
past.
Fourth, due to the severe topography of the site, development will be complex
and require detailed water drainage plans that will be both successful, and offer
the least disturbance to the natural environment. By reducing the density of the
development, this issue can be addressed with more flexibility.
Fifth, the density of the current Bella Lago proposal generates another issue, the
implementation of sewage treatment systems. This proposal "stacks" sewage
treatment systems too close and on adverse terrain and will result in problems.
We have several owners of aerobic systems in the area and can offer the
following experience. A 4,500 sq. foot house requires an aeration field of
approximately'/ of an acre. It is hard for us to understand how a pad for a 5,000
to 7,000 sq. foot house, a swimming pool, and some yard is going to leave space
for an appropriate aeration field.
Aerobic sewage treatment system failures should also be a cause of concern.
Experts in this area will tell you that "surge demand" can cause system failures.
"Surge demand" can be caused by something as normal as a house full of
Christmas guests.
Further, any deterioration of the bacteria count inside the treatment tanks can
cause massive system failure. Bacteria deterioration can be caused by
something as simple as the accidental disposal of a household cleaner down the
sink, an act that would seem "normal" in a home connected to the City sewer
system, or even a more forgiving traditional septic system with an underground
drainage field.
In addition, these systems function with multiple electric pumps for air and
effluent water that represent points of failure. Since they are mechanical
devices, they will fail from time to time.
2
Finally, it is apparent that several of the current lots will be spraying effluent in
the flood plain. In the event of system failures, the possibility of pollution to the
Lake Grapevine drainage certainly exists.
From experience, we can tell you that the solution for any failure is to have the
treatment tanks pumped out. This can take two or three days to schedule. All
the while the system continues to aerate partially treated water and the property
smells like raw sewage.
BY Positioning these systems on small lots you are increasing the impact of one
failure on the neighborhood. In the case of Huse Homeplace, lots of 2 plus acres
provide sufficient separation when failures occur.
In conclusion, these issues should be resolved by compromise, as they have
been resolved in the past. The developer should submit a revised, lower density
plan. Specifically, we propose that Huse Homeplace be used as a model for
Bella Lago.
Sincerely,
The Citizens of Carmel Bay, Harbor Oaks and Huse Homeplace
3
Carmel Bav (CB), Harbor Oaks (HO), & Huse Homeplace (HH)
Bella Largo Petition
(Highlight means no email address on file)
i ivision Name Address Signature
HO Chadd, Jewel & Kristy 1029 Burney Lane
HO Cox, Mark & Carol 1039 Burney Lane
yp Hill, Sam & Barbara 1085 Burney Lane
HO Zielke, Rod & Marge 1090 Burney Lane
HO Schmidt, Jim 1095 Burney Lane
HO Stanyer, AB & Garnetta 1100 Burney Lane
HO Moore, Mike & Debbie 2875 Burney Lane 7 f
HO McGaffigan, Marc & Joan 2885 Burney Lane
HO Schroen, Hans & Alethea 2895 Burney Lane
HO Land, Ken & Gloria 2900 Burney Lane
HO Monrad, John & Barbara 2905 Burney Lane
HO Hakert, Amy 2910 Burney Lane
HO Wambsganss, Leon & Becky 2915 Burney Lane -
HO Stewart, John & Lynda 2920 Burney Lane
HO Czarnecki, Pete & Teresa 2925 Burney Lane
HO Wilson, John & Bea 2930 Burney Lan
HO Fox, Jimmy & Tammy 2935 Burney Lane
HO Fischbach, Bernie & Bobbie 2940 Burney Lane
HO Winn, Darin & Michelle 2950 Burney Lane
HO Fredricks, Jack & Rose 2960 Burney Lane
HO O'Connor, Marty & Mary 2965 Burney Lane
HO Houseman, Errol & Leslie 2970 Burney Lane
EaHO Brown, Shawn & Molly 2980 Burney Lane
HO George, David & Tinki 2980 Burney Lane
HO Burnett, Pat 3510 Burney Lane
HO Patterson, Dean & Tina 3520 Burney Lane
HO McIntire, Leon 3530 Burney Lane
P "a Lago'OS--2 signature list.doc I 1/13/06 12:58 AM
Address Signature
Subdivision Name
HO 3533 Burney Lane
HO Miller, Eric 3540 Burney Lane
HO 3550 Burney Lane
'0 d-
HO Wilkinson, William H 3560 Burney Lane
HO Ault, David & Gloria 3570 Burney Lane
HO Curtis, Mary Kathryn 3580 Burney Lane
Address Signature
7HH Name
Undeveloped lot 0830 Harbor Court
0840 Harbor Court
Sabbatis, Mike & Shay 0850 Harbor Court
0860 Harbor Court
McFall, Tommy J;
HH Ledet, Len & Debbie 0870 Harbor Court
0875 Harbor Court
HO Packard, Chris & Cathy
HH Flora, Ward & Deidra 0880 Harbor Court
ib
HO Galis, Jim & Jamie 0885 Harbor Court 01
HO Chancellor, Ray & Dinah 0890 Harbor Court HO Cook, Bill & Jimmie Nell 0895 Harbor Court
HO Reck, Larry & Paula 0900 Harbor Court
r !HO ivision Name Address Signature
Capps Jr., Buddy T 2890 Harbor Refuge /
CHO 2900 Harbor Refuge
HO Undeveloped lot 12905 Harbor Refuge
HO Valdez, David Harbor Refuge
HO Roberts, Dwight (Skip) & Kathy 2Harbor Refuge \
HO Mitchell, Mike & Kathy 2925 Harbor Refuge
t Subdivision Name Address Signature
HO Farhat, Mike & Gale 1060 Harbor Haven
HO Chitwood, Steve & Jenna 1070 Harbor Haven 1'4U,
AO Hultin, Al & Cilla 1075 Harbor Haven
HO Staples, Randy & Mary 1080 Harbor Haven -
HO Sauder, Terry & Judy 1090 Harbor Haven
HO White, Utah & Colleen 1095 Harbor Haven
HO 1100 Harbor Haven
HO Hammer, Greg & Mariana 1105 Harbor Haven
HO Hitchcock, Gil & Connie 1110 Harbor Haven
1115 Harbor Haven
npt.rc- ~ L ~ s nt ~ ~ s IL cr C
HO Hakemy? Hameky, Ahmed 1120 Harbor Haven
it 4u-.division Name Address Signature
HO Peterson, Jerry & Carly 1064 Harbor Retreat
1095 Harbor Retreat C
HO McArthur, Nancy
HO Seiter, Chris 1100 Harbor Retreat >
HO For Sale - lockbox on door 1105 Harbor Retreat
-r i Iles ~ e- -
HO Johnson, Rob & ina 1 l 10 Harbor Retreat
HO Stevenson, Rod & Kathy 1115 Harbor Retreat
' ubdivision Name Address Signature
T CB Hartman, Jay 3540 Carmel Court
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CB Holzgraefe, John 3545 Carmel Court
CB Cope, Micheal E. 3550 Cannel Court
CB Antunes, Erica 3560 Carmel Court
CB McJunkin Sr., Jack 1. 3570 Cannel Court
o / GE ! ACA-;
•3 S 3 C,g 2-
CB ' 0961 Thousand Oaks Ct. a
CB Undeveloped lot? 1020 Thousand Oaks Ct.
CB Gurule, Manuel & Pam 1040 Thousand Oaks Ct. PAM CHd,4 "1201
d Vantil, Bonnie B. 1060 Thousand Oaks Ct.
in Harbor Oaks, Huse Home lace & Carmel Ba
Uzi Description on
Undeveloped ts within the above total numbered lots
nstruction or alread sold
ible si atures
atures obtained
obtained
1
1
1
1
1
1
Bella Lago Opposition
Bella Lago Zoning Change
opposition Presentation
City Council Meeting
2006
February 21, Mee"
r
Bella Lago opposition Platform
Opposition Issues
e Land is unique
- Developer Accountability
- Business Reality
Petition
Residents in opposition
Speakers Introduction
OPPOWUM M'1
1
City Council Meeting
Bella Lago Opposition
Bella Lago Opposition
Presentation to Council
Speakers Agenda:
introduction - Tommy McFall
Deed Restrictions - Rob Johnson
Septic Considerations - Ward ROM
Zoning Issues - John Wilson
2025 Issues - Ray Chancellor
Environmental Issues - Ray Chancellor
meeft 2,21-0
Deed Restriction Issues
opportunity
Approval of Zoning Change creates the ,
for Developer to VIOLATE Deed Restrictions
Signage
Developer Commitment: "Understated entryway off of Burney,
Main, signage will be presented in the bade of the subdivision
adjacent to the first turn"
r
any lot «
political
I c the Harbor Oaks Subdivision
Restridion: Nei lot shag ever, - for other than a
purposes incidental thiereto.
singie-famly residence of 08ft LW r, m
~ P
City Council Meeting 2
1
Bella Lago Opposition
Deed Restriction Issues,. Con It
on of Lots - No owner shall be permitted to re
NO R"ubdivisi
• - - addition
other 6666dent Setting - If approved, this sets the precedent for
residents to allow re-subdivision
Approval of Zoning Change creates the opportunity
for Developer to VIOLATE Deed Restrictions
Afteflng 2-21-M
a
Septic Considerations
Aerobic Septic Systems
This property, if it is to be developed, belongs on city sewer -
not on aerobic septic systems because.
- The proposed development will sprinkle
Aerobic sewage effluent on the flood plain of Lake
Grapevine
and create odor and
pollution
Bob Wo
w
City Council Meeting 3
t
Bella Lago opposition
0
Septic Considerations
E, Aerobic SePtic Systems
Operates Self Contained SYstem-* tre . ! . / - multiple underground tanks, and
♦ f e treated the. efflu6nt on the ground
en s
/ inspected
State Inspections Required., Systems must annually 1 / contractor
Points. Critical the maintenance I viable bacteria colonies in the tank
B06 L&V q.
1 hi COU-N
useft am-"
Septic 1 Con't
Aerobic
Systein Failure., Systems can fail • reasons:
'Surge / " and",- Christmas guests'`
Bacteria Deterioration Accidental disposal of household
cleaners
outage or pump fallure
impact of 8'system failure will be the 11 / F
of partially treated sewage on the. ground
Finlare Ren:64jr. The remedy is to have Me tanks pumped out,'.
whtc6'could take 2-3 days to schedule, during which Om, the property
smelft
A6 RAwsEwAGE
saw LVQ 1
(I~
L
4
I City Council Meeting
Bella Lago Opposition
Considerations.,
Septic
Aerobic Septic Systems
development Bella Lago Septic Needs., The Bella Lego between 7-9 new lots. That means.,
28-36 sprinkler heads operating between 80,000 - 100,000 Sq. Ft.
Several lots on the West will aerate sewage effluent on the
Flood Plain of Lake Grapevine
w
Eminent Failure., What is the probabW that at any h point .
1! v.
& Lmo ,
Septic Considerations, Con't
Aerobic Septic Systems
appropriate
property f6r this because the P&Z Commission was not
that was requested at 3 ! meetings.
494
thlbrmadon I 1 , ,
I-r.
Tree Survey
Septic System Detail
,c.
L~
■1
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5
City Council Meeting
Bella Lago Opposition
1
Bella r
Afeeft 2-21-M
Septic Considerations,. Con't
I
SwIdit7g Setback 20 Sides. ~ Bella Lago Lot 6
1.26 Acres i , ~
1 row and Bach
r \
-1,, 300 SqFt Sewage Aeration
Field
I
-No Trees within 10'of Sprinkler
Heads
.80,x 80 House Pad
-30,x 50 Pool Footprint
Flood ~y
~ Plain \ 1 I Septic • . .
ti
Afteft 2-21-0
City Council Meeting 6
Bella Lago Opposition
Septic Considerations,. Con't
neighborhood Why do we have to push the limits of this unique
environment and risk contaminating our own and Lake Grapevine? Developer is unwilling .offer City Sewer to the
I~ development
City Council needs detailed information to make
this decision
A
WeeUng 2-21-06
Septic Considerations., Con't
Summary
This proposed denied
problems because of the aerobic
septic systems
Boa UV qW"WW CCWOM"
City Council Meeting 7
Bella Lago Opposition
Zoning Issues
Developer
General Issues
• Developer Failed to address critical concerns
- Tree preservation
- Wildlife Migration
- Septic Issues
Developer - Drainage Flows
Nullified Issues with "When or Where
Applicable"
060 LOGO
I.
a
Zoning Issues,, Con 't
Developer Commitment 1 Zoning Approval
Specific Issues
Drainage
- Natural drainage systems used,"YMERE APPLICABLE'
Environmental
Conservation easements, b6fi,ers and setbacks, vegetated swales, vegetated
filter strips retention
Comments, Conditions and Ristrictions
that operates; the Homeowners Association
water • Waste it- s %%411 1 -
minimize imp'=4 on,-;11-'1 I neighbors u sing newest technology
Subdivision Layout'
/ • /s and no more than r
low
- proposes
Arowng 2-21-0
City Council Meeting
Bella Lago Opposition
Zoning Issues.. Con't
Developer Commitment for Zoning Approval
Conclusion
Developer has FAILED to include or VAGUELY ADDRESSED
important issues to both P&Z and existing neighbors
City Council must demand accountability from developer
NeeUng 2-21-W
Developer Accountability
Issues
- Developer and Concerned Neighbor Interaction
o Credibility and Accountability Concerns
Neighborhood's Consistent Core Concerns vs.
Developees "Waffling" Response
Lack of Follow-Thm
True Intentions vs. Stated Intentions
No mom for Error
City Council Meeting 9
Bella Lago Opposition
Bella Lago
2025/Ecological
Considerations
Afeeft 2-21-M
Southlake 2025 Plan
Executive Summary
'The purpose of this report is to:
3. Identify critical environmental and natural
resources to be preserved in all the plan areas;
Afeeft
City Council Meeting 10
Bella Lago Opposition
Section 3 Environmental Resource
Protection Recommendations
• - • - 2025 process,
space preservation were identified as
central goals. These goals cannot be
adequately
consideration of public property alone."
Unting 2-U-0
4.0 Optional • Use Categories
and Definitions
Scale and Context Criteria:
Preserve • - or sensitive natural
resources floodplains, wetlands,
habitat, streams, steep slopes, woodlands, wildlife
and agricultural/ranching areas.
AbOng 2-21-0
City Council Meeting 11
Bella Lago Opposition
Southlake 2025 Plan: Consolidated
Land Use Plan
•D - preservation
- Emphasis will be placed on existing wooded areas and stream
corridors.
Avoid channeling or piping of streams.
Use topography as an advantage, do not
flatten the site.
. .
L MMUng 2-21-M
I' Southlake 2025 Plan Phase 11
G
North Side Area Plan (Area F)
Protect the city's remaining
agricultural/equestrian and environmental areas
n the North • requiring resdevelopment to occur in a manner that has the
minimum idential
• these resources.
AIMIM9 2-21-0
City Council Meeting 12
Bella Lago Opposition
Rural Character
Resolution 05-032
Protect.the cit 's remaining
1: areas by requiring residential development
impact • these resources.
y
MeeUng 2-21-M
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City Council Meeting 13
Bella Lago Opposition
t
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i t;S 1 _I•:' CI fN:.B}UlF 4 7:k?Ll ~,n 11T7'r~ r °T, ] - . K: ~ErT}*y
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Bird Finding in Tarrant County, Texas
compiled by Cad B. Haynie
This bird finding guide hopes to highlight some of the better birding locations found within Tarrant
County.
Tarrant County occupies nearly 900 square miles in the northeast central region of Texas. It is an
area blessed by a wide variety of habitats and geographical zones including the lower rolling
plains, eastern and western cross-timbers, grand prairie, blackland prairie, and post oak
savannah. It is little wonder then, in this land where East meets West, observers have recorded
over 370 species of birds here or about sixty-three percent of all species documented for the
state.
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27. Lake Grapevine - This medium to large lake sits in the northeast comer of Tarrant County
and has had it's share of rarities in migration and in winter including Western Grebe and Sabine's
ie' Gull. Shorebirding can be very good along the south shore. Several parks offer excellent birding
here as well. To reach one of the better sites, take Hwy 114 west from Grapevine for several
miles to White Chapel Road. Turn right and follow this road to its end. Scan the lake for gulls and
the mudFlats for shorebirds. Keep an eye out for the possibility of White-breasted Nuthatch in
adjacent Post and Blackjack Oak woodland. -
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City Council Meeting 14
Bella Lago Opposition
John M, Davis, Urban Biologist, Texas Parks
and Wildlife Department (June 3, 2002). He
wrote:
"As an urban biologist with the Texas Parks
and Wildlife Department, I am constantly
observing habitats throughout the Dallas/Ft.
Worth area. I must say that the quality of the
native grasses and fortis found in the prairie
patches on the site [Bob Jones Park/Corp
Area]... are some of the best I've seen in this
area. "
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City Council Meeting 15
Bella Lago Opposition
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City Council Meeting 20
Bella Lago Opposition
Established WHAP Values
(Texas Parks and Wildlife)
Lake Grapevine
Wooded Habitat
Undisturbed = 0.75
Disturbed 0.50
Herbaceous and Grasslands
Undisturbed = 0.44
Disturbed = 0.29
Afeefing 2-21-0
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City Council Meeting 21
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City Council Meeting 23
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City Council Meeting 24
Bella Lago Opposition
Conclusion
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This Zoning Change should be denied because:
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• Unique property
• Developer Accountability
• Business Reality
If approved, the land's unique and fragile
environmental characteristics will be
compromised by the developer's plan
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City Council Meeting 25
When the residents of Harbor Oaks, Huse Homeplace and Carmel Bay were first
introduced to Mr. Errol Housemans at the very first SPIN meeting in November, we felt
hopeful that our expressed concerns for Bella Lago were falling on the ears of an
honorable builder, empathetic resident of Southlake and specifically a neighbor in the
Harbor Oaks subdivision.
Our hopes of a mutually beneficial relationship with Mr. Housemans have been clearly
dashed in the many subsequent meetings and discussions between Mr. Housemans and
the concerned residents. Each time we come away from these meetings feeling as though
we are not heard. We have dealt with the lack of follow up from Mr. Housemans by
dutifully attending official meetings to see if our concerns resulted in any change. We
are generally disappointed. Other than a few minor concessions, "where applicable",
modified verbage and no actual details or commitments we are again presented with the
same basic Bella Lago plan.
And although it is poor professionalism to not follow up with those you are working
with, it is a major lack of character to misrepresent the words of your neighbors. At the
last P&Z meeting Mr. Housemans misconstrued and clearly fabricated much of what
was expressed at the Saturday January 28"', 2005 Mi Cocina meeting. Specifically Mr.
Housemans presented that he was blindsided by our requests during that meeting. In
actuality, Mr. Housemans was clearly made privy to the concerned neighbors priorities
and recommendations while organizing the MiCocina meeting with Mr. Ward Flora and
Mr. Raymond Chancellor.
And although Mr. Housemans professes to be blindsided by our requests and
recommendations, the reality is is that the concerned neighbors have always had the same
core concerns since the very first SPIN meeting. Those core concerns have always
been: Density, Ecological and Environmental/Septic impact upon the land and the
neighborhood.
Mr. Housemans pretends to share the collective concerns for this development while all
the time working diligently to push through his agenda. Mr. Housemans tells the public
officials what he thinks they want to hear although even then he will make no actual
commitments. It basically adds up to a lot of smoke and mirrors.
When asked repeatedly by P&Z and his neighbors to reduce the number of proposed lots
Mr. Housemans conceded by removing his home for consideration. Sounds good but
really changed nothing at all. I think this is what they call "Fuzzy math". When Mr.
Housemans realized that the density issue would not just go away, he would only
concede to try to reduce that number of homes, if financially feasible.
Additionally, the Planning and Zoning committee asked for specific details on drainage,
septic and home pad placement 3 times. To date we have never been presented those
details. Rather when pressed, he tabled his request and concentrated on getting his
zoning approval without having to present any platting detail.
More ever we have some true questions as to the integrity of this builder.
In a conversation with Mr. Marty O'Connor Mr. Housemans told him "If you support me
on 7 lots and get the other neighbors to support, we will have no problems, but if you
oppose me I am going to go for the maximum allowed by SFIA". This leaves us with
little confidence that he will do the right thing if nobody is looking.
Additionally Mr. Housemans wants us to trust that he will uphold what he outlined in his
"Developer Commitment for Zoning Approval". Just because you put the word
commitment in the title does not make the vaque generalities and ambigious statements
contained within this document, a true commitment. Does it mean anything at all when
he says "we propose not less than 7 new lots and not more than 8 new lots" but then
only one line later stipulates "we will finalize a lot count upon final approval of
zoning and after all cost have been calculated" Where is the oversight? Who
decides when items are "applicable"?
Lastly, Mr. Housemans flagrantly dismisses the deed restrictions for his property within
Harbor Oaks subdivision, what makes us confident that he has the integrity to uphold
Bella Lago covenants?
One of Southlakes most valuable attributes is currently entrusted to you as elected city
council members. Are you prepared to hand over this one of a kind environment to a
man upon his word alone? We cannot let this unique area be left up to conjecture or
interpretation. There can be NO room for error as a fragile piece of what makes
Southlake special lies in the balance.
Alethea Schroen
2895 Burney Ln.
Southlake TX 76092
(469) 879-5209