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1999-01-19REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS JANUARY 19, 1999 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Scott Martin. Members: Debra Edmondson, Gary Fawks, Ronnie Kendall, and Wayne Moffat. STAFF PRESENT: City Manager Curtis E. Hawk, Assistant City Manager Shana Yelverton, Assistant to the City Manager Shelli Siemer, Director of Finance Lou Ann Heath, Director of Community Development Greg Last, Zoning Administrator Karen P. Gandy, Director of Community Services Kevin Hugman, Director of Public Works Bob Whitehead, Deputy Director of Public Works Charlie Thomas, Deputy Director of Public Works Ron Harper, Capital Improvements Coordinator Shawn Poe, Director of Public Safety Billy Campbell, Building Official Paul Ward, City Attorney E. Allen Taylor, and Acting City Secretary Kim Bush. WORK SESSION: The work session began at 5:10 p.m., whereby City Council and City staff reviewed items for the agenda. The work session was video taped and a tape recording was made for future reference. The work session ended at 5:35 p.m. A presentation was made during the work session by Natalie Denman, 1867 N. Peytonville, Southlake, Texas. Ms. Denman addressed the City Council regarding the need for cycling and jogging trails (see copy of presentation included with the minutes). REGULAR CITY COUNCIL MEETING Agenda Item No. 1, Call to Order. Mayor Stacy called the Regular City Council meeting to order at 5:35 p.m. Agenda Item No. 2-A, Executive Session. Mayor Stacy advised the audience that the City Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.07, to seek consultation with the City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the appointment and evaluation of public officials, to confer with one or more employees to receive information from or to question the employees, and to deliberate the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 5:35 p.m. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 1 OF 28 Council returned to open session at 7:00 p.m. Agenda Item No. 2-B, Action Necessary/Executive Session. Motion was made to authorize condemnation of property as needed for public works projects along Dove Road. Motion: Second: Ayes: Nays: Approved: Kendall Martin Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Mayor Stacy commented that he and Councilmember Martin will visit with property owners prior to proceeding with condemnation. Motion was made to authorize staff to move forward with the purchase of land for the Davis Boulevard entry portal tract. Motion: Second: Ayes: Nays: Approved: Kendall Martin Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Agenda Item No. 3~ Invocation: John McKeller, Chaplain for the Month. The invocation was led by John McKeller, pastor of the White Chapel United Methodist Church in Southlake. Pastor McKeller complemented the members of the CISD football team being honored tonight and expressed his appreciation for their contribution in bringing the community together. Pastor McKeller commented on Southlake being a great place to be and how well the people work together to build a good community. Agenda Item No. 4-A~ Mayor's Report. Mayor Stacy presented a proclamation to the Carroll High School girls volleyball team, declaring January 19, 1999 as Lady Dragons Spirit Day. Present representing the volleyball team were captains Shelly Adamcik and Lindley Quine. Mayor Stacy also presented a proclamation to the Carroll High School football team declaring January 19, 1999 as Carroll Dragons Spirit Day. Present representing the football team was Coach Rapp and several members of the football team. Clay McNutt, a member of the team, expressed his appreciation to the community for their support. Mayor Stacy proceeded with the following announcements: January 20, 1999, 5:30 p.m., Land Conservation District Work Group meeting to be held at the administration building conference room. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 2 0F28 · January 20, 1999, 7:00 p.m., SYAC, Youth in Government meeting with City staff to be held at the Community Center, Bicentennial Park. · January 21, 1999, 7:30 a.m., Metroport Cities Partnership meeting to be held at Colleyville Chamber of Commerce. · January 22, 1999, Southlake Chamber of Commerce Banquet to be held at Solana. · January 26, 1999, 6:30 p.m., Annual Southlake Employee Awards Banquet to be held at Solana. · January 27, 1999, 7:00 p.m., Library Board meeting to be held at the Southlake Senior Center. · February 6, 1999, 9:00 a.m., SPIN Retreat with City Council to be held at City Hall. Agenda Item No. 4-B, City Manager's Report/Update of Town Square. Cable Report. Director of Community Services Kevin Hugman updated the City Council on the transfer of the franchise from Marcus to Charter Communication and also briefed the City Council on problems with the City's cable channel with airing videos-audio difficulties and problems with tapes not starting. Mr. Hugman commented that Marcus has found some problems with their equipment and have taken steps to correct. Mr. Hugman informed the Council that Marcus is intending to shut down the Trophy Club head-end and move that operation to Southlake which should give the City more control on airing the videos. However, Marcus has stated that they can not make the move until the upgrade has been completed for the City of Southlake. The upgrade had been put on hold at the request of City Council because of all the problems being experienced by the residents due to the poor communication and service from Marcus. Mr. Hugman stated that the consortium of cities has continued their meetings, but will soon conclude the on the transfer/agreement negotiations. Councilmember Edmondson questioned whether or not issues concerning the use of individual VCR equipment with the new converter boxes had been discussed. Mr. Hugman stated that Marcus has admitted that there are problems with the use of VCRs, however, they believe the advantages of the converter boxes out weigh the disadvantages. Marcus will be sending out a letter to residents explaining what those advantages are. Mr. Hugman commented that Marcus is not willing to do away with the converter boxes. Marcus told staff, that if they were to do away with the converter boxes in Southlake, it would require a separate system than what they have with the other cities they serve. Mr. Hugman stated that Marcus is looking at a sliding fee scale for Southlake residents because they are not used to being required to have a converter box. Marcus is proposing a reduced rate for each additional box over one box. The first box will be $3.43, the second will be $2.43, and thereafter each additional box will be $1.40. Mayor Stacy questioned whether or not there was any benefit of delaying the completion of the upgrade. Mr. Hugman stated that at this point it would be advantageous to let them finish the upgrade with the assurance that they will better MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 3 0F28 communicate the change with the residents. He commented that staff is now receiving calls about when the upgrade will be finished, and it will also allow us to get the facilities moved to Southlake. Mayor Stacy asked that staff question Marcus about the fiber optics wiring available at the street. His concern is with whether or not the residents will have to rewire their homes in order to take advantage of the fiber optic upgrade. Mr. Hugman stated that he was not sure about the Internet access, but as for cable, it will remain a coaxial cable in the home. Councilmember Fawks agreed that the upgrade should proceed as long as the process will be better communicated to the residents. Councilmember Fawks also questioned whether the rate reduction proposed by Marcus is for an indefinite time. Mr. Hugman explained it is his understanding that the rate will be for an indefinite time or at least through 1999. In addition to the rate reduction, they are proposing to waive the charges for the converter boxes until April 1999. Mr. Hugman stated that he would get from Marcus a clarification on the life of the rate reduction. Town Square Report. Deputy Director of Public Works Ron Harper presented to the City Council an update on the status of Town Square as follows: Seven buildings are currently under construction, and four of the buildings have been inspected and released for tenant finish work. Building 4C has had all the exterior sheathing installed, rear stucco has been applied and brick work is approximately 90% complete. Selected tenant space is being constructed, building 2C has had framing installed, exterior stucco and brick has begun, both buildings have had mechanical, electrical and plumbing systems installed. Interior framing and sheathing ins being constructed. Paving of State Street, Fountain Place and Main Street has taken place, Grand Avenue has had lime applied, and sidewalks have been poured on State Street, Grand Avenue and Main Street. Work has begun on the Pavilion and the pond at Rustin Park. Tenant work and permits have been issued on Ann Taylor, Banana Republic, Bath and Body, Bombay Company, Corner Bakery, Eddie Bauer, Gap, Gap Kids, Harolds, St. John's, Talbot's, Victoria Secret and Williams-Sonoma. Plan reviews have been received, but not yet reviewed for Animal Crackers, Zuka Juice, Charles Schwab and Dameron Properties. Plan reviews have also been received for two commercial tenants for the second floor. Realignment of North Carroll is underway. Work on storm drain, relocation of sanitary sewer, and new water line are near completion. Construction of the foundations for the relocated signal lights has been completed and new poles and arms have been installed. Paving for this realignment is anticipated to be done by the first MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 4 OF 28 week in February, and at this point, it still appears that this project will be open to traffic by early to mid-March. There have been no changes from the last report on the proposed Post Office Square. No additional phases of this project have been submitted to the City of Southlake, however, the Community Development Department has had discussions with the developer regarding development to the east of the park. The architects have begun the preliminary review of the programming study done for Town Hall and will be starting the schematic designs within the next several weeks. Staff has met with the architect of record to discuss budgets, schedules, personnel, approval, etc., and a signed agreement has been received. Mr. Harper concluded by stating that the Grand Opening is still scheduled for March 20, and staff hopes to plan a Town Hall groundbreaking at the same time. He informed the Council that he is looking for volunteers to help plan the event, and if they are interested in participating to please let him know. Agenda Item #4-C~ SPIN Report. Martin Schelling, SPIN Representative for Neighborhood g2, gave a report on the water line upgrade and complimented staff on doing a good job; paving of North White Chapel by the County has been completed; and construction of homes has begun in the Kirkwood Hollow Subdivision. Agenda Item No. 4-D, Parks and Recreation Board Report. Cara White, Park Board Member, reported that the Board, headed by Sherri Berman and Dick Anderson, is busy working on the Park Dedication Ordinance. The Board is also preparing to address the Master Trail Plan. Ms. White stated that the large pavilion at Bicentennial Park has been completed. She stated that the American Airlines' pilots have contributed the majority of funds to construct this pavilion and would like to name it the American Airlines Pilot's Pavilion. Ms. White commented that she does not believe the Board will have a problem with this request. Ms. White reported that Phase II construction including construction of the tennis facilities is well underway. She commented that construction is also well underway at Bob Jones Park, however, painting of the fence appears to be taking a long time. Ms. White commented that the Teen Center group continues to meet. She also informed the City Council that they will probably be contacted by someone wishing to sell pictures that have been taken at the hockey games. Agenda Item No. 5, Consent Agenda. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 5 OF 28 Mayor Stacy questioned the audience as to whether they had any comments or opposition to items #5A-5J listed on consent, including the addition of item #10A. He informed the audience that the item would be removed from consent and addressed separately if so desired. Motion was made to approve consent agenda items #5A, #5B, #5C, #5D, #5E, #5F, #5G, #5H (specifying that the hours of the school zone shall be one-half hour before and after each opening and closing time of the schools and adjusting adjacent schools with like times), #5I, #5J, and #10A. Motion: Second: Ayes: Nays: Approved: Martin Fawks Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Mayor Stacy read the consent agenda items for the record. Additional information regarding the Consent Agenda items follows: · Agenda Item No. 5A. Approval of Minutes of the Regular City Council meeting held on January 5, 1999. Agenda Item No. 5B. ZA 98-146, Final Plat for Loch Meadow Estates, on property legally described as Tract 2B and a portion of tract 2B1 situated in the Reis D. Price Survey, Abstract No. 1207, and Lot 12-$-3A, Block 4, South Lake Park, an addition to the City of Southlake, Tarrant county, Texas, according to the plat recorded in Cabinet A, Slide 2791, Plat Records, Tarrant County, Texas and being approximately 31.412 acres. Located on the east side of Ridgecrest Drive, approximately 600' south of the intersection Ridgecrest Drive and Woodland Drive. The current zoning is "SF-1A" Single Family Residential. The owner and applicant is Corps Property Holdings, Inc. The request was amended from a Final Plat to a Plat Revision due to a portion of the property being previously platted. Approval of the request would be subject to Plat Review Summary No. 3, dated January 15, 1999, and in accordance with the recommendations of the Planning and Zoning Commission at their meeting on January 7, 1999. Agenda Item No. 5C. Approval of the 5-Year Parks Capital Improvements Plan (CIP). The Park Board in April 1998, and again in September 1998, prioritized those park projects identified as needs by the citizens of Southlake. These prioritized needs were programmed into a 5-year plan, based on estimated costs and estimated 1/2 cent sales tax revenue bond proceeds. On September 28, 1998, the Parks Board and SPDC held a joint meeting to consider the 5-Year Parks CIP. The revised Parks CIP was approved the next month by each board. The Parks CIP will include funding for a total of $21,489,065 in expenditures over the next five years (1998-2003). MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 6 OF 28 Agenda Item No. 5D. Authorize the Mayor to enter into an agreement for community services between the Women's Haven of Tarrant County Inc., and the City of Southlake. The services provided by the Women's Haven complements the efforts of the City of Southlake's Police Services Community Services Officer by placing battered and abused resident of Southlake with places of safe shelter. The services agreement calls for $1,000 to be paid to the Women's Haven for their services. Agenda Item No. 5E. Award of contract to Whitewater Construction, Inc., for the construction of road, sanitary sewer, and water improvements on Lilac Lane. City staff recommended to City Council to award the contract to Whitewater construction, Inc. in the amount of $287,099. Paving improvements include reconstructing the road to a width of 22', including a 5' wide concrete sidewalk from Dominion Drive to Byron Nelson Parkway. Water line improvements include extending a water line from the east end of Lilac Lane to the water line along the east side of Byron Nelson Parkway. Funds for the engineering, surveying, and construction cost for reconstructing Lilac Lane and for the construction of the sanitary sewer along Lilac Lane are included in the CIP budget. The cost for the water improvements is $24,150 and the funds are provided for in the utility fund, object code 147.795, FY 98-99 Annual Budget. Agenda Item No. 5F. Award of bid to Bowles Construction Company for the construction of a 24" water transmission line along S.H. 114 from Trophy Club to the T.W. King Pump Station No. 2. Staff recommended that the City Council award the bid to Bowles Construction Company with a low bid of $1,440,693.00. The 24" transmission line along s.H. 114 from Trophy Club to the T.W. King Pump Station No. 2 is part of NETCRWS and will serve the northern most portion of Southlake. Agenda Item No. 5G. Ordinance No. 732, 1st Reading, Amending Chapter 11 of the Southlake Code of Ordinances with the addition of Section 11-1, prohibiting urinating and defecating in certain locations. The continued expansion and popularity of events at Texas Motor Speedway has prompted City staff to seek a more effective means of enforcement to cite or deter such conduct. The ordinance allows the Municipal Court to levy a fine upon conviction of not more than $2,000. Agenda Item No. 5H. Ordinance No. 733, 1st Reading, Amending Chapter 18, Article III, Section 18-80, of the Southlake City Code, revising the block addresses of school crossing zones that have a 20-mph speed limit, and revising the designated hours of the school zones. This is basically a clean up of the Southlake City Code to ensure the wording in the code matches the description of the designated school zones, including the block addresses and school zone hours. Agenda Item No. 5I. Authorization to advertise for bids for installation of a closed loop communication system for the traffic signal lights on F.M. 1709. Previously, MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 7 0F28 a signal-timing plan was designed by Lee Engineering and submitted to TxDOT for synchronizing the traffic signals along FM 1709 to provide optimum progression. To make this synchronization function properly, staff recommends that the signals be linked together and monitored and controlled by a computer at a remote site rather than individually. This closed loop signal system will include all existing and proposed traffic signals from Pearson Lane to Commerce Street. Funding for this improvement was allocated in the FY 98-99 Annual Budget at an estimated cost of $80,000. Agenda Item No. 5J. Ordinance No. 731, 1st Reading, Revising Chapter 5, Article V, "Sexually Oriented Businesses" of the Southlake City Code (1996) and amending the Comprehensive Zoning Ordinance, No. 480, as amended. The proposed ordinance will establish sexually-oriented businesses as permitted uses in the I-1 and I-2 Districts (as recommended by P&Z). Ordinance No. 731 was patterned after the Dallas ordinance because it has withstood several court challenges since its adoption. Agenda Item No. 10A. Authorize the Mayor to enter into a professional services agreement with The Beck Company for construction management services in conjunction with the Souttdake Town Hall. The Beck Company will charge a CM (construction management) fee of 3.25% of the actual construction costs. The TIF budget includes $390,000 for the professional serves for the CM fee. The General Conditions fee for this project is $1,110,000.00 and is part of the approved $12 million construction budget for this project. The Beck Company is proposing a Construction Manager-at-risk contract which guarantees that the maximum cost of this project will not exceed $12 million. As various bid packages are developed and budgeted, the Construction Manager will establish a Guaranteed Maximum Price (GMP) for that bid package. If bids for the total project exceed the established GMP, the Construction Manager will make up the difference out of the 3.25% CM fee or perform the work within the established budget limits. Agenda Rem No. 6~ Public Forum. Kenneth Horn, 1215 Ashmore Ct., questioned City Manager Curtis Hawk about the holidays observed by the City of Southlake and suggested that Dr. Martin Luther King day be included. Mr. Horn commented that Dr. King represents the finest tradition of what we are all about. He stated that Dr. King's commitment to non-violent demonstrations was monumental. Mr. Horn stated that we have come together as citizens as a result of what we went through in the 60s and this speaks well for America--not just for a certain city but of America. He commented that recognizing Martin Luther King day as a City holiday would be the right thing to. Mr. Hawk explained that the City holidays are considered each budget year and compared to those recognized by other cities in the area. Councilmember Edmondson commented that she would support having Martin Luther King day as another holiday. Mayor Stacy agreed MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 8 OF 28 and commented that by the next Martin Luther King day the City may have a downtown to support such a celebration. Agenda Item No. 7A, Ordinance No. 480-294, 2nd Reading, ZA 98-130~ Rezoning and Concept Plan for Harris Methodist. Zoning Administrator Karen Gandy presented ZA 98-130, rezoning and concept plan for Harris Methodist Southlake, on property legally described as a portion of lot 1, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tan'am County, Texas according to the plat recorded in Volume 338-156, Page 12, Plat Records, Tarram County, Texas, and being approximately 67.0 acres. Located on the south side of E. Southlake Boulevard approximately 550' west of Miron Drive. The current zoning is "O-1" Office District with a requested zoning of "S-P-2" Generalized Site Plan District with "O-1" Office District uses and medical uses of ambulatory surgery, imaging center, and associated services. Applicant is Page Southerland Page, and the owner is Harris Methodist HEB. Ms. Gandy stated that during 1st reading part of the discussion was the addition of a common access easement to the east. Staff would like to add one additional comment to the staff review letter to provide a common access easement along the southern drive (two feet wider than the drive width) extending from Harris Court to the east property line at the location shown on the current plan and being 39' at Harris Court and narrowing to 26' on the east. Ernesto Liebrecht, engineer for the applicant, was present m answer questions of the City Council. Mr. Liebrecht commented that they had no problem with adding the additional width. Director of Community Development Greg Last clarified that staff is not asking for any additional width in the driveways, but for the easement along and through the property to put outside the current drive all the way through the site. Councilmember Martin thanked the applicant for bringing forth a plan in compliance with City ordinances, and expressed appreciation for their cooperative attitude in bringing forth chances as requested by the Council and neighbors of the area. Mr. Liebrecht complemented City staff for helping them to incorporate the needed changes. He informed the Council that they are planning to complete the project this year. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-294 encompassing the motion made at the last meeting with the addition of the stipulation that applicant shall show and label a common access easement across the entire lot beginning at 39' at the entrance and negotiating through the site at a minimum width of 26'. Motion: Martin Second: Edmondson Ayes: Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy Nays: none MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 9 OF 28 Approved: 7-0 Agenda Item No. 7B, Ordinance No. 480-295~ 2nd Reading, ZA 98-116, Lot 3~ Block 1~ Steward Addition. Zoning Administrator Karen Gandy presented to the City Council Ordinance No. 480- 295, 2nd Reading, ZA 98-116, rezoning on property legally described as being Lot 3, Block 1, Steward Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-159, Page 40, Plat Records, Tarrant County, Texas, and being approximately 4.2739 acres. Located approximately 50' east of Ridgecrest Drive and approximately 220' south of East Dove Street. The current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single Family Residential District. The applicant is Milo Choate, and the owners are F.L. Bailey, Russell H. Oxner, and Gaylen Bailey. Milo Choate, 2955 Tumbleweed Trail, Grapevine, was present to answer questions of the City Council. Mr. Choate commented that the only outstanding issue is with a requirement of the Fire Marshall to provide an adequate turn around, which Mr. Choate indicated they would provide. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-295, 2nd reading. Motion: Second: Ayes: Abstain: Nays: Approved: Fawks Evans Edmondson, Evans, Fawks, Kendall, Moffat, Stacy Martin (as an adjacent property owner) none 6-0-1 Councilmember Kendall noted that Mr. Choate is the owner of CiCi Pizza, and she wanted to publicly thank him for all he has done for the community through his contributions to the churches and through sponsorship of the PTOs. Agenda Item No. 7C~ Ordinance No. 480-296~ 2na reading~ ZA 98-150~ Tracts 2C1 and 2C1D1 situated in the A.A. Freeman Survey. Zoning Administrator Karen Gandy presented to the City Council Ordinance No. 480- 296, 2nd Reading, ZA 98-150, rezoning on property legally described as being Tracts 2C1 and 2C1D1 situated in the A.A. Freeman Survey, Abstract No. 522, and being approximately 6.967 acres. This property is located between North Peytonville Avenue and Southridge Lakes Parkway across from the intersection of Southridge Lakes Parkway and Travis Court. The current zoning is "AG" Agricultural District with a requested zoning of "SF-1A" Single Family Residential District. Owner and applicant is Fred Joyce. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 10 OF 28 John Levitt, Levitt Engineering, was present to answer questions of the City Council. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-296, 2nd Reading. Motion: Second: Ayes: Nays: Approved: Edmondson Martin Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Agenda Item No. 7D, ZA 98-141, Site Plan for Taco Bueno. Zoning Administrator Karen Gandy presented to the City Council ZA 98-141, Site Plan for Taco Bueno, on property legally described as a portion of Tracts 2B and 2C situated in the G.W. Main Survey, Abstract No. 1098, a portion of Tract 6, situated in the Samuel Freeman Survey, Abstract No. 525, and a portion of Tract 12A4A situated in the Thomas Easter Survey, Abstract No. 474, and being approximately 0.80 acres. Located on the south side of East Southlake Boulevard approximately 150' east of the intersection of East Southlake Boulevard and South Kimball Avenue. The current zoning is "C-3" General Commercial District. The applicants is Lawrence A. Cates & Associates, and the owner is Southlake Kimball Venture, LTD. Ms. Gandy further stated that the P&Z Commission approved the Site Plan by a vote of 4-2, subject to staff's review comments in the December 31 letter adding #8 the requirement for a pitched roof and then waived that requirement due to the sloped appearance of the roof line in the front and the rear of the building and mansard type walls on the sides. The P&Z Commission also asked that the applicant provide a new tree analysis. Frank Bullick, real estate representative for the applicant, was present to answers questions of the City Council. Mr. Bullick presented to the City Council additional prints of their proposed site for review. He commented that they have redesigned the building that is different from the Santa Fe mission-look of their other sites. Mr. Bullick commented that they have met with the City's Landscape Administrator Keith Martin to look at saving as many of the trees as possible. Mr. Bullick informed City Council that they will keep as many of the existing trees as possible and will mitigate those trees that cannot be saved. Councilmember Martin asked if the retaining wall could be relocated in order to preserve the critical root zone of some of the existing trees. David Walls, with Lawrence A. Cares and Associates, explained that they employed a registered landscape architect to work with the City. It was decided that all four trees would need to be removed, and they would miticate the lose of the four trees. Mr. Walls further explained that there are existing trees outside their property line which they are going to attempt to protect by veering the retaining wall away from their property line by approximately five feet. Councilmember Edmondson questioned which landscape submittal plans they were working from because she visited with Keith Martin and he MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 11 OF 28 commented that the g2 submittal plans met the requirement for tree mitigation because of the 13 canopy trees that were added, however, the #3 submittal plans did not meet the requirement because the canopy trees were removed. Mr. Walls stated that he was not aware that they did meet the requirement because they have increased the number of trees and amount of landscaping with each submittal. Mr. Walls further stated that he is only aware of two landscape submittals, however, they have submitted three site plans but those do not deal with landscaping in a comprehensive manner. Community Development Director Greg Last stated that his department received a review from Landscape Administrator Keith Martin today. Mr. Martin indicated to staff that he had met with the applicants, and it appears they do meet the mitigation requirements. Daniel Hargreves, with MPI architects, explained the roof line plans. Mr. Hargreves stated that the mansard-like vertical wall was needed to provide adequate ventilation for equipment, however, from every angle around the site, it will appear m be a hipped or pitched roof. Mr. Hargreves confirmed that all roof equipment will be hidden. Councilmember Edmondson questioned whether or not the applicants would be willing to make the commitment, as part of the motion, to maintain the landscaping indefinitely. Mr. Bullick stated that they are willing to make that commitment. He explained that they are a company store--they are going to want to always have a good drive-up appeal. PUBLIC HEARING: No comments were received during the public hearing. Councilmember Martin thanked the applicants for their cooperative nature in understanding the unique character of the City of Southlake and the needs that are put forth to every developer to construct the best possible building. Motion was made to approve case ZA98-141 pursuant to Site Plan review summary letter #3 dated January 15, 1999, allowing the mansard roof as shown in the drawings submitted tonight and the applicants agreement to maintain the landscaping in perpetuity. Motion: Second: Ayes: Nays: Approved: Martin Evans Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Agenda Item No. 7E~ authorization for staff to submit 1999 (25th Year) Tarrant County Community Development Block Grant. Director of Public Works Bob Whitehead presented to the City Council a request for staff to submit the 1999 25th Year Tarrant County Community Development Block Grand (CDBG), involving construction of a sanitary sewer line for the Oak Lane Addition. Mr. Whitehead commented that this is the sixth year that the City of MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 12 OF 28 Southlake has been eligible for CDBG funds. Mr. Whitehead stated that Sutton Place and Oak Lane were approved as qualified target areas under the CDBG program. He commented that funding has been secured to finish the Sutton Place drainage, water, and paving project this year. Mr. Whitehead explained that the Oak Lane mobile home park has sanitary problems, and for this reason, staff is seeking funds to address this problem prior to making water and street improvements. Mr. Whitehead stated that the estimated cost for the sewer improvements is $383,870 and of that amount $93,000 is anticipated to be covered by CDBG funding, leaving an estimated cost to the City of $290,870. He further explained that $300,000 was budgeted in the CIP budget for this project. Award of the grants are usually made the end of June or first part of July. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to authorize staff to submit the 1999 CDBG application involving construction of a sanitary sewer line for the Oak Lane Addition. Motion: Second: Ayesi Nays: Approved: Martin Evans Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Agenda Item No. 7F~ Revising Ordinance No. 727~ 2nd Reading~ Youth Park and Recreation Board. Director of Community Services Kevin Hugman presented to the City Council Ordinance No. 727, 2nd Reading, revising Southlake City Code, Chapter 12, Article III, Sections 12-97 through 12-99, revising the number of members of the Youth Park and Recreation Board, and incorporating revisions of Ordinance No. 646-A. Mr. Hugman explained that this is a request from the Youth Board to increase their membership from 7 to 9 members in order to ensure better continuity from one school year to the next, and to reflect the same number of members as on the Park and Recreation Board. Mr. Hugman further explained that this ordinance incorporates the changes made previously by Ordinance No. 646-A into the City Code. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approved Ordinance No. 727, 2nd Reading. Motion: Second: Ayes: Nays: Approved: Martin Evans Evans, Fawks, Kendall, Martin, Moffat, Stacy none 6-0 (Councilmember Edmondson was not present for the vote) Agenda Item No. 8A, Ordinance No. 480-297~ 1st reading~ ZA 98-156~ Rezoning and Site Plan for Tom Thumb Center. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 13 OF 28 Zoning Administrator Karen Gandy presented to the City Council Ordinance No. 480- 297, 1st Reading, ZA 98-156, Rezoning and Site Plan for Tom Thumb Center, on property legally described as Lot 3, and a portion of Lots 2 and 4, L.B.G. Hall No. 686 addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet a, Slide 1216, Plat Records, Tarrant county, Texas, and a 1.174 acre portion of Tract 1C2 situated in the L.B.G. Hall Survey, Abstract No. 686, for a total acreage of approximately 7.691 acres. The property is generally located on the northwest comer of the intersection of North White Chapel Boulevard and West Southlake Boulevard. The current zoning is "CS" Community Service District and "S- P-2" Generalized Site Plan District with "C-3" General Commercial District uses (with some exceptions). The amended requested zoning is "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses (with some exceptions). The applicant is Bury and Pittman - DFW, Inc., and the owner is EPIPD-Southlake No. 1, L.P. Ms. Gandy stated that ten notices were sent to property owners within 200 feet, and as of this date, one response was received from Don Mullman, 803 Pearl Dr, in favor of the request. Ms. Gandy commented that several responses have been received outside the 200' area--the latest being a petition from "Save our Tom Thumb" of 569 signatures in favor, a petition received last week of 494 signatures in favor, and individual responses of 155 signatures in favor for a total of 1,216 in favor. Ms. Gandy stated that the P&Z Commission at their January 7, 1999 meeting recommended denial with a 4-2 vote, requiring a supermajority vote from the City Council in order to approve this request. David McMahan, 1335 Hidden Glen, representative for the applicant and owner, was present to answer questions of the City Council. Mr. McMahan stated that they have the staff review letter of January 15, and it will be necessary for them to request waiver of certain requirements listed in the review letter as follows: · Items la and lb -- will provide landscaping to the best of their ability. They are not sure they can put in all that is required considering their limited green areas. What they can not fit in they would suggest placing in the park. · Item lc, 1 and 2 -- request to leave the encroachments in place as it currently exist. · Item lc, 3 -- leave parking as proposed along property line of proposed Lot 2R1, to pull the spaces back will cause the drive to be too narrow. · Item 2a, 1-6 and Item 2b -- all deal with current existing drive ingress and egress and stacking depths. They are not able to change any of these. They are willing to construct (at an estimated cost of $5,000-$6,000) a third lane, but they understand there may be a problem since it involves City woned property which must be bid. · Item 3 -- they are willing to provide juniper/cedar tree planting to screen the loading docks from view from Whites Chapel Blvd. · Item 4a -- they have no room to provide more parking spaces. · Item 4b -- would suggest grasscrete parking for employees on the west side. They will also look at providing hedges if there is room. · Item 5 -- they will comply. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 14 OF 28 · Item 6 -- they can not meet the impervious coverage requirement. At Councilmember Martin's suggestions, they will provide some compact car spaces that will allow them the ability to add landscaping islands. Currently there is 5.2% of the site without paving -- with tonight's proposal 12.3% of the site would be without paving. If they are allowed a 50% credit for the grasscrete car parks on the west side, then they will be at 13%. It is physically impossible for them to meet the full requirements of impervious coverage. · Item 7 -- they will insure that all mechanical equipment (roof or ground mounted) will be screened on all buildings not just Tom Thumb. · Item 7b -- horizontal and vertical articulation (Mr. McMahan handed out drawings to the City Council). They will meet all vertical articulation. The horizontal articulation will be met on front-facing south, front-facing east, and side-facing south. Mr. McMahan explained that they will be including bubble styled canopies to give depth to the building, and in the areas where there are not canopies, the architect has created a visual relief by providing insets within the west-facing walls of Tom Thumb. They have a problem meeting the right-facing east horizontal articulation because extending the columns out will take away from the sidewalks which will take them out of compliance with the Americans with Disabilities Act. Councilmember Martin asked whether the applicants had considered some type of articulation for the west-facing rear wails of the existing buildings by adjusting, to the east, the new sections of the stores to be constructed which would help break up the excessive length of the walls on the west. Mr. McMahan explained that they would loose too much square footage and they need to keep as much as possible in order for the center to be economically feasible. Mr. McMahan commented that they are adding towers to wrap around. Councilmember Kendall asked whether the applicants had considered making road improvements to the intersection. She commented that she brings this up again because she sees a direct link between this project and increased traffic safety concerns. Mr. McMahan commented that he originally thought they might be able to complete the ultimate road improvement, however, estimated costs of doing this are well beyond what they would be able to do. Mr. McMahan stated again that they would be willing to construct the extension of a third lane as discussed earlier if this was something the City could work out. Councilmember Kendall asked city attorney Allen Taylor whether or not the City could bid out the project and have the applicants pay for it. Mr. Taylor commented that they could agree to reimburse the City. He explained that if the numbers stay below the $15,000 statutory cap, it would not have to go through the bidding process. Mr. McMahan stated if that was the case, they would be willing to participate in that capacity. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 15 OF 28 Councilmember Fawks stated that the City has had a number of cases where the road intersections have been widened concurrent with a development. Mr. Taylor explained that if improvements are to be made to a road that is already dedicated to the public and used by the public, then it belongs to the City, and improvements must be made by the City. He explained that it is a different issue if the dollar amount of the work to be performed is below the $15,000 statutory cap. Mr. Taylor commented that when dealing with public property, the concern is that the City is held strictly accountable to comply with the competitive bidding statutes to ensure that the public interests are protected. Mr. McMahan said he would have their engineers get with City staff to discuss the cost to construct the extension of the third lane prior to 2nd reading of the ordinance. Councilmember Fawks asked whether the applicants would consider continuing the use of canopies on the rear of some of the existing buildings, perhaps over doorways. Mr. McMahan stated they would look into the feasibility of providing more canopies. · Item 8 -- regarding floor area, they will be able to correct. Mr. McMahan introduced to the City Council: Mr. Ray Caplee, in charge of the Tom Thumb construction development site; Ms. Connie Yates, public relations; and Larry Lutrell, Vice President. Mayor Stacy commented that several people signed up to speak and although this is not a public hearing on first reading, Council would like to give them an opportunity to express their comments on this issue. Nate Hight, Rt. 1 Box 184E6, Emory Texas. Mr. Hight explained that he was a former resident of Souttflake, but is here tonight representing Duncan Cleaners which is located at this center. He explained that they are very proud to have a very successful home-owned and operated business here in Southlake. Mr. Hight spoke in support of Tom Thumb, and believes this proposal is a win-win situation. He expressed hope that the Council and developer will come to some type of agreement. He feels the tax revenue that will be generated is one of the most important things to consider. Robert Montoya, 809 Pearl Dr., Southlake. Mr. Montoya explained that his backyard faces the center. He explained that he supports the Tom Thumb development, and that the shopping center has been an eye sore for many years. He believes that the variances that are needed should be granted because mistakes were made in the past and we can not go back and correct all mistakes with regulations the way they are today. He would like to see the project approved so that the City can get rid of an eye sore and have something they can be proud of. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 16 OF 28 Betsy Horowitz, 600 Regency Crossing, Southlake. Ms. Horowitz commented on the problems of the world and how fortunate that all this City has to worry about is consideration of a Tom Thumb supermarket. Ms. Horowitz spoke in support of Tom Thumb stating that it will bring job opportunities for the youth. She believes it will be a good place to bring the community together, as do the other local businesses in the shopping center. She urged the Council to approve this plan stating that the tax revenue will be needed by the City. She expressed her appreciation of the efforts of the City Council to do the right thing, and commented that you can not expect to please everybody. She believes the adjustments the applicants have come up with are wonderful. Keith J. Vegors, 1113 Crockett Court, Southlake. Mr. Vegors spoke in support of the plan. He commented that he applauds this City Council for its stewardship and commitment to the maintenance of the integrity of the City of Southlake, however, he believes there are many compelling financial reasons to support this project. He asked that the Council take into consideration the compromises that have been made on behalf of the development interest and approve this plan for the benefit of the community. Karen Dickinson, 100 W. Southlake Blvd., Southlake. Ms. Dickinson spoke in support of the plan stating that she believes it will be very beneficial to the community and businesses in the area. Elaine Long, 100 W. Southlake Blvd., Southlake. Ms. Long urged the Council to approve the Tom Thumb project. She commented that the building has been vacant for almost six years and is not a pretty site. She feels the tax revenue will be impressive for the City. Sean M. Cerone, 100 W. Southlake, Blvd., Ste. 340, Southlake. Mr. Cerone urged the City Council to support the site plan for the Tom Thumb and asked that they consider the end product. He believes the variances are a small consideration compared to the overall benefit of the center in the long tenn. He feels that if the plan does not go through, the shopping center will continue a down hill slide. The small family owned businesses will not have a large anchor to pull customers in. Tracy Reyes, 100 W. Southlake, Blvd, Southlake. Ms. Reyes spoke in support and explained that she believes it is very important to get an organization like Tom Thumb to come into the center. A1 Suarez, Southlake Chamber of Commeme. Mr. Suarez stated that he was speaking on behalf of the Chamber of Commerce. He explained that the Southlake Chamber of Commerce supports the request of Tom Thumb and believes this could potentially attract other economic development opportunities, thus increasing the community tax base. Mr. Suarez further commented that the Chamber believes a large grocery store will provide needed business traffic to many of the small businesses in the center. The Chamber believes Tom Thumb will create a balance and complete a variety of grocery shopping opportunities to local residents. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 17 OF 28 Cameron McCartha, 1211 Wood Creek Lane, Southlake. Ms. McCartha spoke in support of the Tom Thumb. She commented that she had heard many of the Council had already made up their minds against the Tom Thumb. Ms. McCartha stated she hoped we had leaders in this community that listen to the public, that are honest, that have integrity, and are ethical. She urged the Council to vote for this request because this project is needed in the community. Mike Thompson, 100 W. Southlake Blvd., Southlake. Mr. Thompson explained that six years ago when he located his business to the center, it was 100% leased. When the Food Lion closed, some stores had to leave because they could not generate enough revenue. He asked that the Council consider whether the Tom Thumb store will be an eye sore by giving these variances and making these compromises or will it be more of an eye sore if Tom Thumb does not locate to the center. He explained that for the last several years it has become a dumping ground and looks like a center that is in decline. He commented that it is ludicrous for this to exist in the middle of a community like Southlake. He respectfully urged the City Council to approve the plan. Scott Macaluso, 100 W. Southlake Blvd., Southlake. Mr. Macaluso explained that he operates the Mailcopy business, and he is happy to be a part of this community. He expressed his appreciation to the Council for the hard job they have and also expressed appreciation to David McMahan for the job he has done for the center. He understood when he opened his business that there were plans for the Tom Thumb to locate to the center. He feels that if the proposal for Tom Thumb is threatened then his business is threatened. He believes we are taking a "lemon" and "making lemonade." The tax base should be a tremendous consideration. Mr. Macaluso commented that the support in this community is strong, as evident in the petitions, and he does not believe there are any issues with this proposal that cannot be overcome. Amy Klapp, 907 Parkview, Southlake. Ms. Klapp commented that she is an anti- development person, tree person, an artist and gardener. She stated that she always wants the highest quality for Southlake, however, she feels we need to be realistic. Currently there exist a hideous eye sore and putting a Tom Thumb in will give Southlake an upscale grocery store. She believes Tom Thumb will do the best they can to make it a beautiful center. A1 Morin, SPIN #10 Representative. Mr. Morin spoke in favor of the project. He stated that he understands there are some issues to work out so that everyone is comfortable. He hopes the Council will continue to work out issues, but he hopes we will be able to refer to the this corner as the new Tom Thumb comer and the not the old Food Lion comer. Randol Boyd, 807 Pearl. Mr. Boyd spoke in favor of the project. He commented that he is the closest neighbor to this center. Mr. Boyd explained that he protested heavily to keep the Food Lion shopping center from developing several years ago. He believes it was an "unmitigated disaster," but at the time the City was anxious to get MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 18 OF 28 some kind of tax base. He questioned what other offers besides Tom Thumb the City has had for this center. Mr. Boyd commented that it made no sense to him, unless the City has another viable alternative, why the City would not take this deal. Mayor Stacy read for the record names of those persons who completed a comment card but did not wish to speak at this time. They are as follows: Cindy O'Brien, 820 Stratford, in support Leslie Radykowski, 100 W. Southlake, Blvd., Suite 310, in support Martha Martin, 100 W. Southlake Blvd., Suite 310, in support Hanna Fowler, 100 W. Southlake, Blvd., Suite 310, in support Darryl A. Deutsch, 1211 Wood Creek Lane, in support Connie Yates, Tom Thumb public relations, thanked the citizens for the kind words and expressed their desire to be a part of this community. Councilmember Edmondson questioned Mr. McMahan on the removal of juniper trees located on the property that was swapped with the City. Mr. McMahan stated that Tom Thumb has agreed to move all the trees to Bicentennial Park, at staff's direction, and will mitigate those trees that are determined will not be able to be moved. Mr. McMahan further stated that none of the mitigated trees will be less than 3" caliber. Councilmember Edmondson also asked Mr. McMahan to explain their plans for lighting the center taking into consideration the residents near by. Mr. McMahan explained that a lighting engineer will be hired to design the lighting to comply with City ordinances. Mr. McMahan stated that shields will be provided to keep the lighting on site, and building lighting will be capped to direct lighting downward and not out. Director of Community Development Greg Last summarized for the City Council the variances that will need to be included if the request is approved. Per Staff's Site Plan Review Summary # 2 dated 1/15/1999 including: · Items lA and lB allow the bufferyards as shown with a commitment that any of the required plants that cannot be planted on site be allowed to be planted on the park to the north of the property to facilitate additional screening of the site. · Item lC allow as shown all items lC - 1, 2 and 3. · Item 2 in its entirety as shown. · Item 3 ok as shown with the understanding that the applicant will work with staff regarding the possibility of additional plantings of cedars in the no disturbance zone adjacent to back of curb on the driveway or in that area. · Item 4 ok as shown on both items A and B. · Item 6 ok as shown in accordance with the revised parking and landscaping plan as submitted this evening. Mr. Last commented that staff would need a copy of that plan. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, P/IGE 19 OF 28 · Item 7B, as it related to the articulation chart: will meet all vertical articulation; on Tom Thumb, rear-facing north wall - granting relief as shown to the two horizontal articulation requirements noted as "No"; front- facing south - will meet the horizontal articulations; left-facing west - granting relief as shown on the two horizontal articulations; right-facing east - granting relief to the two horizontal articulations noted as "No" and committing to the vertical articulations; on strip retail building, front-facing east - granting relief to all three horizontal articulations noted as "No," however, providing the vertical articulations; rear-facing west - granting relief as shown on the two horizontal articulations noted as "No"; side- facing north - will meet the horizontal articulations noted as "No"; side- facing south - will meet the horizontal articulations noted as "No." · Additionally: will fulfill previous contractual agreement regarding tree relocations in the park; new parking islands per the landscape plans submitted tonight; will consider additional canopies along the west wall prior to 2nd reading; engineers with meet with City staff to resolve additional drive lane issues in White Chapel with any financial participation to be resolved in a Developer's Agreement; provide shields to keep lighting on site and building lights capped to direct lighting downward; allow grasscrete in parking stalls along the entire west property line; and maintain landscaping in perpetuity. Mr. McMahan offered for clarification that as it relates to item 3, they will provide the cedars as a screening after getting with City staff to make sure they are necessary and that there is room. Councilmember Martin commented that he appreciates seeing the community come together over an issue. He commented that the Council has been working very hard to provide and improve City ordinances that can guarantee the City of Southlake will be the finest community possible. He expressed his appreciation to the Planning and Zoning Commission and the efforts they have made to review plans and present to the Council a recommendation they feel is in the best interest of the community. Mr. Martin believes the P&Z Commission has taken a lot of criticism on this issue that was unwarranted -- they had a huge number of variances that were grossly out of line with City ordinance requirements. Mr. Martin explained that the Commission did not feel comfortable with passing this on to the Council with a recommendation to approve. He reiterate his appreciation for the Commission's service, and thanked them for doing the right thing. Councilmember Martin stated his apologies to any one in the community if they had any mistrust of the Council or belief that they would not do the right thing. He believes the Council, although they might not agree on every thing, trys to do the right thing and provide good government. Councilmember Martin thanked the community and the applicants for coming to meet with the Council to help address the serious concerns with this request. Councilmember Martin assured the audience that the City Council wanted to make sure the community received the best deal they could from the development of this site. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 20 OF 28 Councilmember Kendall also expressed her appreciation of the Planning and Zoning Commission explaining that City ordinances passed by the Council are the guidelines they have to use when considering requests. She commented that the P&Z did not have the benefit of having the turnout of community support as Council has had tonight. She also commented that the P&Z did not have a lot of offers of compromises from the applicant at their meeting. Councilmember Kendall explained that one of the Commission's most serious concerns was for safety. She informed the audience that in 1991 a petition was submitted with 153 signatures from residents asking the City to deny this very same site plan. Councilmember Kendall stated that she does not believe the Commission was out of line for the safety concerns, and she feels they did a good job. Councilmember Edmondson said she believes the system works. The Commission's job is to enforce the ordinances -- they are appointed, not elected. She stated that it is the Council's job to consider all the issues, to look at P&Z recommendation, to hear from the residents, and then make a decision that is best for the community. Councilmember Edmondson commented that although some of the issues appear minor, they can all add up -- it is working through these issues that can make developments look nice for this community. She also wanted to publicly thank the Commission for doing what she believes was the right thing, and she feels the Commission's denial helped Council to get a better plan. Mayor Stacy questioned Mr. McMahan on what he thought were the reasons for P&Z initially approving the plan and then turning it down the second time it came up. Mr. McMahan stated that he was not sure, but he understood the Commission had some concerns, after meeting with some of the Council, that the Council did not approve of the plan. Mr. McMahan stated that if it appeared to the Commission that they were not being cooperative, he apologized. He commented that he was asked if he would be willing to talk about the issues and he informed them that he would be happy to discuss and try to meet any compromise they had to offer. Mayor Stacy commented that he also understands the P&Z has a tough job to do, but he personally feels they made the wrong decision. He believes that some people have gone beyond their duty in trying to influence the P&Z Commission. Mayor Stacy thanked the people for coming out to let the Council know what they think is right, because the Council is here to represent the people. Motion was made to approve ZA 98-156 pursuant to Staff Review Summary Letter ~ dated 1/15/1999 as annotated by the Director of Community Development Greg Last (listed above) including allowing compact car spaces along the Tom Thumb site on the south and east sides. Motion: Second: Ayes: Nays: Approved: Martin Evans Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 21 OF 28 Agenda Item No. 8B, Ordinance No. 480-298, 1st Reading, ZA 98-136~ Rezoning and Site Plan, Davis Boulevard Center. Zoning Administrator Karen Gandy presented to City Council Ordinance No. 480-298, 1st reading, ZA 98-136, Rezoning and Site Plan for Davis Boulevard Center on property legally described as being a portion of Tract lB1, situated in the T.J. Thompson Survey, Abstract No. 1502, and being approximately 0.55 acres. Located on the east side of Davis Boulevard approximately 300' north of Continental Boulevard. Current zoning is "AG" Agricultural District with a requested zoning of "C-2" Local Retail Commercial District. The applicant is Segal Enterprises and the owner is Ron Woods. Ms. Gandy further stated that one written response was received within the 200' notification area from Ronnie Woods, in favor of the request. P&Z recommended approval at their January 7, 1999 meeting with a 4-1-1 vote, subject to staff's review comments dated 12/31/1999 deleting item la regarding driveway spacing and item lb regarding stacking depth; item 3c accepting the roof design as shown; and eliminating two parking spaces in the northwest comer and continue the bufferyard along the east and west. Linnie Segal, Segal Enterprises, was present to answer questions of the City Council. Mr. Segal stated that they are planning to build a free standing, environmentally friendly, premium quality dry cleaners and laundry facilities. Mr. Segal commented that the solvent used in their dry cleaning process is less hazardous than those normally used. He further explained that the EPA has rated the toxicity of this solvent as being the same as baby oil. Lindy Ballew, articetect for the applicant, was present to address questions regarding staff's review letter comments. In response to Councilmember Martin's questions regarding #7 of the review letter (impervious coverage), Mr. Ballew cc, mmented that they plan to comply with the requirement and will show this on their next submittal. Mr. Ballew explained that there are four requirements they will be asking for variances. On item la, the lot is too small to comply with the driveway ordinance for both width and length. They contacted the property owners to the north to suggest an entrance on the property, but the owner was not interested. Mr. Ballew stated that they also contacted a traffic engineer to look at the safety concerns. The engineer stated in a letter that they believed there would not be a hazard with the drive as proposed. Mr. Ballew commented that they are also meeting with the property owner to the east to propose a common access drive which the property owner is in agreement with. Mr. Ballew commented that on item lb, which is also related to case ZA 98-137, when they proposed the common access drive, it put them into a requirement for more stacking spaces which is more than they have the space for on their site. He further commented that they have provided 50' for stacking at Continental after the City easement is taken - - until the easement is needed for the widening of Continental there will be 70' of stacking available. Mr. Ballew stated that they will be able to comply with items lc and 2a. On item 2b, they are requesting the variance for 5' bufferyard along the length of the common access easement on both sides rather than the length of the property MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 22 OF 28 line. In response to Councilmember Martin's questions, they are counting this as bufferyard and not as part of meeting the landscaping requirements. Mr. Ballew commented that the only other item they are requesting a variance to is on item 3, requirement for pitched roof. He stated they will have a pitched roof for the area above the drive through, but they are requesting a mansard type roof above the cleaners in order to hide the equipment and provide adequate ventilation for the cooling system. Mr. Ballew stated that they will be able to meet all other requirements of the staff review letter. Councilmember Fawks questioned whether there was any use of Efts on this project. Mr. Ballew stated that there was not. Councilmember Fawks asked whether the applicants had considered providing right-in and right-out drives. Mr. Ballew commented that the traffic engineer did not feel there was a need for this. Councilmember Fawks commented that his concern was with too many driveway cuts along major thoroughfares. Mr. Ballew stated that they would prefer not to have the right-in and right-out in so that their customers would not be discouraged. Councilmember Martin commented that there was a lot of discussion with the traffic engineer at the P&Z meeting, and there a lot of points were made to indicated that the use of right-in and right-out drives would not necessarily be a safer alternative. Motion was made to approve Ordinance No. 480-298, 1st reading, subject to Site Plan Review Summary #2 dated 1/15/1999, accepting the driveways and stacking as shown, requiring the applicant to provide 5' bufferyard adjacent to the drive along the common access easement on the northern portion as committed, and allowing the mansard roof for a portion as shown. Motion: Second: Ayes: Nays: Approved: Fawks Evans Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Agenda Item No. 8C, Ordinance No. 480-299~ 1st reading~ ZA 98-137~ Rezoning and Site Plan for Davis Boulevard Center. Zoning Administrator Karen Gandy presented to the City Council Ordinance No. 480- 299, 1st reading ZA 98-137, Rezoning and Site Plan for Davis Boulevard Center on property legally described as being a portion of Tract lB1, situated in the T.J. Thompson Survey, Abstract No. 1502, and being approximately 1.23 acres. The property is generally located on the northeast corner of the intersection of Davis Boulevard and Continental Boulevard. Current zoning is "AG" Agricultural Districted with an amended requested zoning of "S-P-l" Detailed Site Plan District with the underlying zoning of "C-3" General Commercial District, but restricting it to "C-2" Local Retail Commercial District uses. Ms. Gandy explained that the applicant previously requested "C-3" General Commercial District. The applicant is Segal MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 23 OF 28 Enterprises and the owner is Ron Woods. Ms. Gandy stated that one response was received within the 200' notification area from Ronnie Woods in favor of the request. At their January 7, 1999, meeting the P&Z Commission recommended approval by a 5- 1 vote subject to Site Plan Review Summary No. 2, dated December 31, 1998, amending the requested zoning to "S-P-l" with the underlying zoning of "C-Y' but restricting it to "C-2" uses; eliminating two parking spaces in the southeast corner; accepting driveway spacing (item la) as shown; and accepting the applicant's commitment for 50' stacking depth (item lb). Councilmember Martin questioned the 10' masonry screen not shown as covering the loading dock. Mr. Ballew commented that it is their intention to provide the screen for the entire length including the loading area. Mr. Ballew stated that they are essentially asking for the same variances as previously discussed. He commented that the P&Z Commission had asked that they remove two parking spaces in order to increase the throat of the stacking spaces which they have done. He explained that in order to get the 50' stacking requirement, they pulled the building back away from Continental Blvd. which also increased the landscape area and increased the bufferyard. Mr. Ballew commented that they will need to look further at the shortage of two parking spaces, as pointed out by staff, and see if they can fit the spaces somewhere else on the site. Councilmember Kendall stated she understood that by moving the drive they will be able to save ten post oak trees. She asked whether the two pecan trees could be saved. Mr. Ballew confirmed that they will be able to save one of the pecan trees. Mr. Ballew stated that they will need a variance on item la (drives), lb (stacking), and 2b (relocation of bufferyard). He stated that they submitted to P&Z a request for "C-Y' zoning, but would like to amend their request to "S-P-1" with the underlying zoning of "C-3" but restricting it to "C-2" uses. He explained that the owner, Ron Woods, would like to have the option for some time in the future to be able to request a filing station since the Couch Store site will probably have to be closed down due to the EPA requirements. Ron Woods, owner of the property, was present to address the City Council regarding this request. Mr. Woods commented that when he originally submitted this plan, they believed they were not going to be able to meet the EPA requirements at the Couch store site. Since that time Mr. Couch has decided to try and meet those requirements in order to keep the store open, but Mr. Woods wanted to be able to build another service station if the Couch store did have to close down. Zoning Administrator Karen Gandy explained to the Council that this zoning will give Mr. Woods the opportunity to apply for a specific use permit for a gas station because the underlying zoning district is going to be "C-3." MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 24 OF 28 Councilmember Edmondson commented that she would have a real problem with this type of use on Continental Boulevard, which is close to homes and schools. Mr. Stacy commented that in the future Continental will be widen and there will probably be a light at the intersection which he feels would make this site a very appropriate place for this use. Councilmember Fawks commented that he has no interest in voting for "C-3" zoning at this intersection -- he does not believe it appropriate. He stated that, if some time in the future the applicant wanted a gas station and the site became appropriate, then they could apply for rezoning. Mr. Fawks further commented that he does not want to see the City's proposed entry portal at this site with gas pumps located behind it. Motion was made to approve Ordinance No. 480-299, 1st reading, restricting the uses to "C-2" and the underlying zoning to "C-2," subject to Site Plan Review Summary #3 dated 1/15/1999, allowing the driveways and stacking as shown, accepting the applicants commitment to relocate the bufferyard to two 5' bufferyards on either side of the common access easement between lots 4 and 5, and requiring that the applicant meet all other requirements of City ordinances for "C-2." Motion: Fawks Councilmember Martin questioned whether or not in the motion we are asking the applicant to meet the full impervious coverage, if so, Councilmember Martin would like the motion amended to allow the impervious coverage on the site as shown. Councilmember Fawks suggested that the applicant look at how much of a hardship it will cause to meet the impervious coverage requirement, and then Council can re- look at it when the request is brought back for 2nd reading. With that in mind, Councilmember Martin stated that he would support the motion. Second: Ayes: Nays: Approved: Martin Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Agenda Item No. 8D, Ordinance No. 480-300~ 1st Reading, ZA 98-155, Rezoning~ Lot 3~ Davis Boulevard Center. Zoning Administrator Karen Gandy presented to the City Council Ordinance No. 480- 300, 1st reading, ZA 98-155, Rezoning for proposed Lot 3, Davis Boulevard Center, on property legally described as being a portion of Tract lB1, situated in the T.J. Thompson Survey, Abstract No. 1502, and being approximately 3,000 square feet. Located on the northeast comer of the intersection of Continental Boulevard and Davis Boulevard. Current zoning is "AG" Agricultural District with a requested zoning of "CS" Community Service District. The applicant is the City of Southlake and the owner is Ron Woods. Ms. Gandy stated that the City of Southlake is proposing an entry portal at the site. The P&Z Commission recommended approval with a 6-0 vote. MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 25 OF 28 Motion was made to approve Ordinance No. 480-300, 1st Reading, ZA 98-155. Motion: Second: Ayes: Nays: Approved: Martin Evans Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Agenda Item No. 8E~ ZA 98-139~ Plat Showing~ Lots 3~ 4~ and 5~ T.J. Thompson No. 1502 Addition. Zoning Administrator Karen Gandy presented to the City Council ZA 98-139, Plat Showing for proposed Lots 3, 4, and 5, T.J. Thompson No. 1502 Addition, on property legally described as Tract lB1, situated in the T.J. Thompson Survey, Abstract No. 1502, and being approximately 2.00 acres. Located on the northeast corner of the intersection of Davis Boulevard and Continental Boulevard. Current zoning is "AG" Agricultural District. The applicant is Segal Enterprises and the owner is Ron Woods. Ms. Gandy stated that one response was received within the 200' notification area from Ron Woods in favor of the request. The P&Z Commission recommended approval on January 7, 1999 with a 5-0-1 vote, subject to Plat Review Summary No. 2, dated December 31, 1998. Motion was made to approve ZA 98-139, Plat Showing, pursuant to Plat Review Summary #3 dated 1/15/1999. Motion: Second: Ayes: Nays: Approved: Martin Edmondson Edmondson, Evans, Kendall, Martin, Moffat, Stacy none 6-0 (Councilmember Fawks was not present during the vote) Agenda Item No. 8F, ZA 98-115, Plat Showing for Lots 3 through 5 (amended), J. Thornhill No. 1505 Addition. Zoning Administrator Karen Gandy presented to the City Council ZA 98-115, Plat Showing for proposed Lots 3 through 6 (amended to Lots 3 through 5), J. Thornhill No. 1505 Addition, on property legally described as Tracts lB and in1 situated in the James Thornhill Survey, Abstract No. 1505,and being approximately 5.00 acres. Located on the north side of West Continental boulevard approximately 250' east of Southlake Hills Drive. Current zoning is "AG" Agricultural District. The applicant and owner of the property is Kaeini Family First Limited Partnership. The P&Z Commission at their January 7, 1999 meeting approved the request with a 6-0 vote subject to Plat Review Summary No. 2, dated December 11, 1998, allowing item #1 (100' lot width) as proposed and deleting item #7b (drive alignment). Councilmember Kendall questioned the drainage issues. Deputy Director of Public Works Charlie Thomas commented that the applicants realize that when they apply for MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 26 OF 28 a building permit they will have to provide a grading plan. Mr. Thomas stated that staff believes the drainage problem will be resolved at that point. He commented that the reason staff recommended the easements on the outer perimeter was to satisfy the concerns of the other property owners in the event a problem did occur after development that could not be resolved -- this would provide the City with the ability to correct the problem, however, he does not believe it will be necessary. Motion was made to approve case ZA 98-115 pursuant to Plat Review Summary #3 letter dated 1/15/1999, allowing the lot width as proposed in item #1 and deleting the driveway alignment with Ridgewood Circle requirement in item #2. Motion: Second: Ayes: Nays: Approved: Martin Evans Edmondson, Evans, Fawks, Kendall, Martin, Moffat, Stacy none 7-0 Agenda Item No. llA~ Maximum Review Comments / Procedural Changes. Director of Community Development Greg Last presented to the City Council staff's recommendation to adopt new administrative procedures that require that a submittal be "clean" before it is placed on the P&Z agenda for deliberation. The new procedures will be detailed in an administrative policy with a graphic flowchart as provided to the City Council. Mr. Last commented that there will be minor revisions to the zoning ordinance and subdivision ordinance to clarify the definition of "filed with the city" and state that staff has the ability to develop / change administrative procedures as necessary to implement the zoning and subdivision ordinance regulations. Mr. Last commented that there is a lot of motivation in the procedure that would encourage applicants to submit plans the right way the first time. Mr. Last also suggested a relief for submittals of significant economic benefit to the city be allowed to "fast track" their submittal. Council agreed that a common sense approach would be necessary in some cases. Councilmember Martin suggested that perhaps a special Council meeting would be necessary to deal with such cases. City Council was supportive of the procedural change and thanked staff for a job "well done." Agenda Item No. liB, City of Southlake legislative agenda. City Manager Curtis E. Hawk suggested to the City Council items to be considered for legislative consideration including: the ability to stop and weigh trucks -- at this time only cities over 100,000 population can enforce; wine sales -- to permit cities that are in two counties to have the ability to hold an election; and legislation that would allow cities with population of under 50,000 the ability to contract with a developer to make public improvements (other than a building). MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 27 OF 28 Councilmember Fawks asked staff about previous efforts that would have required trucks to drive in the right hand lane only. Mr. Hawk stated that the State had issues concerning restricting trucks to certain lanes because of the extra wear and tear it would cause to the roads. Councilmember Edmondson suggested hiring a lobbyist, and contacting people to provide support letters, make trips, and make calls. She would like to see a real strong effort made to get these things through the legislature. City Council agreed to pursue as suggested by City Manager Curtis Hawk. Agenda Item No. 12, Ad. journment. The Regular City Council meeting was adjourned at 1 ! :45 p.m. g~. ATTEST: =- ,, tin Bush g City Secretary Mayo{ Rick S~ MINUTES OF CITY COUNCIL MEETING, JANUARY 19, 1999, PAGE 28 OF 28 1/19/99 Good evening Ladies and Gentlemen - 1 came here today to propose paths (such as cycling and jogging) on various streets. Going on Coventry or Southridge Lakes is a fun and safe area to enjoy the outdoors, many cyclists and pedestrians go and use the concrete paths. Kids can not ride their bicycles to school because there are no paths linking from school to subdivisions. Going from Durham Intermediate School to Turnberry is dangerous. All around the schools there are no trails, only the loose gravel and a hazardous ditch. Carroll Junior High school should have a path connecting to Bicentennial Park and another one on White Chapel and Highlands to connect to the Durham path. The old Middle School could have a path on Dove. The Carroll High School should have a path along 1709 and on Continental linking to the Elementary School and offering the walking /cycling option to the subdivisions located off Continental. The paths could be made of concrete or if is too expensive then you can make it out of pebbles (such as the jogging trail at Solana Health Club). I understand that to have paths you need land, which is now occupied by ditches. Could the ditches be left underground with the paths above? I understand from the Community Services Coordinators that it is now a requirement for new subdivisions to have sidewalks. If we have a brainstorm , then we could surely find a way. Keep in mind the paths would have multi purpose for children and adults: bicycling,walking,and jogging. Please think what I said over very carefully. Thank you for your time. Natalie Denman (817)-481-2114 JAN— 1 9 -99 TIDE 146 :20 CATES & ASSOC - P. 02 LAWRENCE A. CATES & ASSOCIATES. INC. Consulting Engineers 14200 Midway Rd., Suite 122 Dallas, Texas 75244 972!385 -2272 Fax: 972180.1627 Lawrence A. Cates, P.E. January 19, 1999 M s. ui vuuwui Dept. vi it)1iui1tlility Development City of Southiaite 667 N. Carroll Ave. - Southlake, Texas 76092 - - Re- (:ace Nn 7A 9R -141 Q Site Al.n Ta ue ni, •/a,V a •.a • MVV aJ MV +aV /A1 eJrr • %ell" 111. Vit:w %.V111111t11t V 11 1 J177) yav-,y Dear Lisa: With regards to your faxed comments regarding the Tarn fu Cite Plan we offer the following rrcnnnc>ac• (1) ("flanges required regarding landscaping: (a) The interior iandscape summary chart reflects 1433 S.F. of interior landscaping is required and that 1490 S.F. are provided. (b) Complied with on plans. (21 C:hanneq rennired regardino elevatinnc- (e) Tenn Rnnn co ntin ues t., solicit wl ..0 .L.. ...J]{:...1 pitch of t .� / Taco VM1ra&I continues to JV +W +t uNYry Vlaa of lit\. modified �, U.11 IVVI (1itansor ) as approved by r oi. (b) Compiled with on plans: Tree Preservation Comments (1 & 2) The duce removal mitigation chart present on the landscape plan will he added the site plan All 4 existing trees are sho and ! be1 e n re —� - --• . — site 1 •. � •• -.. — ...r. . trees w r shown w ... .v r.v en revised site plan. (1,2, & 3) Landscape Summary marts will oe revised to show less landscaping being required due to smaller building root print. RECD JAN 19 1999 JAN - 1 9-'9 9 T U E 1 6. 20 C A T E S & ASSOC 03 PQc, 2 "b" 110A? ft 70VJ7 Fire Hydrant Comments: i i (1) Site Plan end Engineering Pl be ] _ show r___ t__.{___. (1) Site • aws -ww a.u {� Plans will u vc. reviscd t W JIiV W a proposed fire 11yU1/llll. Lisa, thank you for your time and consideration. Please call with any additional questions or concerns. Respectfully_ /// //2/7/ /l /IIJ /11 /I MY vavia W. wails cc: Jeff Platt, Taco Bueno Randy Bauer, MPI Architects • RCD JAN 191999 -""--.7.: -- fi r7., , ,4 - " - — Whatever Happened _ `1 -" IVlargaret told D a movie is be Mrs ^* �1 : _ ing made about her wild rags -to- tu■■.Margaret and p ,,, riches-to-rags life story, but she Ii l : won't talk about it until the deal's Ernest Medders? l — i done. But, she says, "It's gonna 1 be D isn't counting on it. We've T HEY WERE THE ROYALTY OF A $500 browsed her autobiography, The million empire that was a figment of KING AND QUEEN OF CON: Ernest and Margaret Medders in Medders Story: How to Borrow their imagination. No one knows if the "Party Barn" where they entertained Dallas' elite. $3 Million With No Collateral, they really believed it themselves, and managed to dine with LBJ at the White and let's just say Margaret's true story isn't but within a few years of Margaret and House. The couple threw lavish parties at half as fascinating as the ones she made Ernest Medders arriving in Muenster, Tex- their ranch_for the city's social elite: Guy up. Sara Peterson as, in 1961, they convinced al every- Lombardo performed, psychic- to -fhe- body that they were the heirs to the Spin- stars Jeane Dixon —who obviously wasn't dletop oil field. The gullible included an a mind reader — entertained. El Fact Check order of Catholic nuns, the sales staff at Then in 1967, a relative sued the Med- Neiman Marcus, a world- renowned psy- derses, demanding to know where they i i chic, and President Lyndon B. Johnson. were getting their dough, and the fraudu- x YF`� CK ' The Medderses convinced the Poor lent fantasy ended. The couple declared `; B CK EYEDP Sisters of St. Francis Seraph from Indiana bankruptcy. (They'd spent $3 million and • Unluckiest date to be a pea: fan:, (who were actually very wealthy) to loan didn't have a cent.) Ernest died in 1975 . mbe e r o o ` • Nuf eyes en a black' eyed:' , _ 4 > them S") million in return for a promise to and a year later, a Dallas judge sentenced ▪ 4n rTe ¢ give the order an even larger chunk of their Margaret to five years in prison for theft. • Average number of peas in a pod :5 , r '' inheritance —as soon as they got it. Dallas Today, Margaret, close to 80, met. married • Year Athens, Texas, first celebrated th & banks were equally willing to loan the to Nathan Orr, whom she me while in Black -Eyed Pea Jamboree:1971 ` `,. would -be heirs mo. - , :.. oon argaret prison in - un 'i -. - • - '. Lynch '. ., , r �� ' ran up a ' 1,100 tab at Neiman Marcus Ky., where Orr is a Methodist ministe t he mie i y n S restau r ry ,k were Tounded by Gene. Stre Y .} Phi1 Cobb 197 w et +`.. 11..'1 , Mks a5 '. ,.&"a",, g c3�i "t , ' t, 't." 4 d DANGER ZONE This fiery wreck on I� ��' a Black eyed Pea chain sow T,1 - c \ 1- a -.- �« ' w I -20 last year killed two people. . Y �. 1 { , �, -, Amourt of money pad for the BI , U e chain $4T million ' 4 loaded 18- wheeler weighs more l , „, „ F ^4l : c 4 than 80,000 pounds. Your ca Bl ackeyedPeaservespeas. ' �.,,;�� weighs one twentieth of that Numbe of black a ed' e ' ' <` - When the 13- member squad " �" ' " y Peas z _, � _ �_ � q � De�cem X31 at Tom # Thumb o � ' - -" a , randomly stops 18- wheelers for e reenville Avenue and''lovers �i . • *' 1 _ -, ..,--1-: `f ,?_, a Level 1 inspection —a dirty ' and600T ,{ . �, - o - TA - - - _ � `' job that requires an officer to urn - of black eyed �y3 t � o crawl underneath to check the u y e ai round 9,40 a ns� • DEATH BY 18— WHEELER braking system —seven out o { ,0501lb. peas ` Chances are getting better in Dallas 10 trucks are found to have ?• r ofprotein ha '°'w 1i that you'll run afoul of a big rig. faulty breaks and have to be kedpeas.7 _ "` towed off the road, Braziel says. •` 0 • N mbar of calories 100 , ; n • EXAS LEADS THE NATION IN THE NUM- In the Level 2 walk around checks, near- ,5 t ,w ber of 18- wheeler truck- related fatal- ly four out of 10 rigs are found unsafe. • N tuber of gras of fi 10 `, ities, a reputation that's reflected in That's a scary statistic if you spend any • P, uti of peas serve New Y Y. s D `: D allas. Of 143 tr fatalities in the time on the city's highways. "It's just no < a the Dallas Country Club 150 v city last year, 14 involved 18- wheelers. contest when you take a 4,000 -pound car • N mbar of ingredients iii the black j r 0 ' Sgt. Curtis Braziel, head of Dallas' and an 80,000 -pound truck," Braziel says. ' • 3 f P Y • pe at D alla s Cou Club 6 ;r o 1 Commercial Motor Vehicles Enforcement - There's almost no chance for the occu- f � � ' ,� * - 3 • N mbar of days the Dallas coy H S quad, knows big rigs and the dama the p ants of the car to surv I almost ., „ rues peas: 365 r 1 �'� � � can wreak. The squad, which tries to keep always a tragic situation. There's going to I unsafe trucks off the road, was formed after be injury involved somehow —and it's not • and of peas erv ed New Y o lice officer Carl Norris was killed when going to be the driver of the truck.' • at The Gr 0 (they're ;M 1` truck overturned ll d on his car. A le a 1 1 All FIGURES FROM 1997 \ g Y -Carol Craver I �\ '�` _ IANIIARY I99R . n 11 ' U1/19/99 09:21 r'A1 214 522 432S0 ?S? DALLAS l¢1UO3 PaoreSnnrherlanrl Pa AT' 1893 1993 January 19. 1999 City Council City of Southlake 667 N. Carroi Avenue Souuiiake, Texas r oursc Ci 911-130 r` Pl °n �'I —r•s M C� ,1F ° 4a r .. Pr posed Inning• SP7 w /n1 inriming Amhil!ntnry Surgery anrt Accniatarl Sgrvicis Ernesto G Liebrecht. Ach Ladies and Gentiemen: Path er The attached Concept Plan has been revised six timgs. All the_issues raised by neighbors, city staff, planning and zoning commission and city council, up -to -date, have been addressed. Specifically there were two items in city staff Review No.4 of 1.15.99. Item 1 referred to the parking ratio. We are proposing a parking ratio of 1 parking space per 200 square foot. P&Z action on 12.17.98 was to allow parking as shown. As per item 2, we have changed the labeling on the adjacent cul-de -sac to reflect that it is a dedicated right -of -way. RPCnar_tfi illy vni irs, • • • • , Architects Enclosure: Concept Tian, revised 1.15.99 (reduction) Engineers Copies:Jack McCabe, VP and Administrator, Harris Methodist HEB vv� - W.W w Gary Fickes, Chairman Building Committee, Harris Methodist HEB Zoo Maple Avenue Gregg Last, Director Community Development, City of Southlake Dallas Texas 75219 Dennis Killough, Senior Planner TEL 214 522 3900 Ed Mcttoy, rianner FAX 214 522 43250 VGtIV JiIVCO i� .,IVII L.I 911MCI, VVIC X noovwanuo prnAin Dallas REC'p JAN 18 1999 Houston Washington DC C1 /10/9 09:18 FAA 214 52Z 4380 ?SF DALLAS Q001 1 .. .,...... . _ __ 11J W r _ .. tab alAs s se►_► ► tot 1 ► ► ► ► /1 11111 1- 1. I§1 II 1.11111111 • 1 111i1 o 11P 1 1 ! . 1 a fill Ul 1 _ Ili 111 111111 1 1di11 " 1 z ° –r .1... y < SE 1211If1I 11 I 1,1 1 192fat_ 1 1 Pei n a 5 h? 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Milt it1 Wia . _ 1 w 4 t:1111 s aitileiii iritilli ;,J 0 �!_ L'5 1 .t1 ', !i: �t RI 9:E MBE_ 1 r - ` 6111 I!; I 11i1L�1 ii11 1 1 1114 i11 ;g 11! ?11111 I0tt: 111 ! I !ii! 1 • City of Southlake, Texas STAFF REPORT January 15, 1999 CASE NO: ZA 98 -156 PROJECT: Ordinance No. 480 -297 - First Reading / Rezoning and Site Plan / Tom Thumb Center STAFF CONTACT: Dennis Killough, Senior Planner, 481 -5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481 -5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Lot 3, and a portion of Lots 2 and 4, L.B.G. Hall No. 686 Addition, an addition to the City - ° of Southlake, Tarrant County, -Texas, according to the plat recorded in Cabinet A, Slide 1216, Plat Records, Tarrant County, Texas. and a 1.174 acre portion of Tract 1C2 situated in the L.B.G. Hall Survey, Abstract No. 686, for a total acreage of approximately 7.691 acres. A Site Plan for Tom Thumb Center will be included with this request. PURPOSE: Rezoning and Site Plan approval required for new development. LOCATION: On the northwest corner of the intersection of North White Chapel Boulevard and West Southlake Boulevard (F.M. 1709). OWNER: EPIPD- Southlake No. 1, L.P. APPLICANT: Bury & Pittman - DFW, Inc CURRENT ZONING: "CS" Community Service District and "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses excluding the following uses: frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping; bowling alleys; conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; lodges, sororities and/or fraternities; medical care facilities to include nursing and care homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; mortuaries, funeral homes and undertakers; skating rinks, ice and roller (indoor only); and taverns, clubs and other comparable establishments under which the on- premises consumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of Zoning Ordinance No. 480. City of Southlake, Texas REQUESTED ZONING: "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses. AMENDED REQUEST: Per letter dated January 12, 1999: "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses excluding the following uses: frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping; bowling alleys; conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; lodges, sororities and/or fraternities; medical care facilities to include - nursing_ and care homes, hospitals with their related facilities and - supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; mortuaries, funeral homes and undertakers; skating rinks, ice and roller (indoor only); taverns, clubs and other comparable establishments under which the on- premises consumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of Zoning Ordinance No. 480, and movie theaters. LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Ten (10) RESPONSES: One (1) response was received within the 200' notification area: • Don Mullman, 803 Pearl Dr, Southlake, TX in favor. (Received December 31, 1998). One hundred three (103) responses were received outside the 200' notification area: • Frank and Nancy Cangelosi, 225 Bent Creek Ct, Southlake, TX in favor. (Received January 13, 1999). • Bob Couch, 2535 Union Church Rd, Southlake, TX, in favor (Received January 13, 1999). • Clint Duval, 916 Turnberry Ln, Southlake, TX in favor, "Please give approval for a new Tom Thumb to fill the old Food Lion space. Eckerd's is willing to move to provide additional space." (Received January 13, 1999). • A. W. Haney, 400 Brock Dr, Southlake, TX in favor. (Received January 13, 1999). • Jeanne Hoferer, 903 Brazos Dr, Southlake, TX in favor, "The corner of 1709 & White Chapel with the empty Food Lion facility looks bad for the city. It looks vacant & run down. It is the heart of the city." (Received January 13, 1999). City of Southlake, Texas • Martha E. Horton, 320 Brock, Southlake, TX in favor. (Received January 13, 1999). • Susan Pace, 585 Shady Oaks Ln, Southlake, TX in favor, "I would like to register my vote to put the new Tom Thumb grocery store in the shopping center at the corner of White's Chapel." See attached letter. (Received January 13, 1999). • Mark and Angela Silagy, 510 Fox Glenn, Southlake, TX, in favor, "We support Tom Thumb's request for approval to construct a store at the above location, and encourage all City Council members to vote yes on this matter." (Received January 13, 1999). • EL Wiesman, 2607 W. Southlake Blvd, Southlake, TX in favor. - - (Received January 13, 1999). • Jennifer Shea, 1115 Travis Ct, Southlake, TX in favor, "It has come to my attention that the P & Z Commission has rejected Tom Thumb's proposal to renovate and occupy the vacant space at Crossroads Square Shopping Center due to open space issues. It is inconceivable to me that they would prefer the property to be vacant. I currently shop at Tom Thumb in Grapevine and would welcome them in Southlake. I request that all City Council members vote yes to this proposal." (Received January 14, 1999). • Jeanne Ellermeyer, 1338 Forest Ln, Southlake, TX in favor, "Vote yes for the Tom Thumb. That shopping center has been an empty eyesore for years! Anything is better than what's there now. The risk you seem willing to take by turning them down is nowhere near what you may gain by trying to strong- arm them. Vote YES to Tom Thumb. Besides, the bagels are better there." (Received January 15, 1999). • Janice L. Francis, 1211 Ashmoore, Southlake, TX in favor. (Received January 15, 1999). • Steve, Ellen, Grayson, Brian & Logan Hull, 1356 Ten Bar Trail, Southlake, TX in favor, "Our family wants to encourage • ALL City Council members to vote YES to the proposed Tom Thumb at Crossroads Square Shopping Center at next Tuesdays meeting." (Received January 15, 1999). • Carol and Roger Hutton, 1900 Shady Oaks, Southlake, TX in favor, "Favorable use of the center - get as close as you can to current requirements - but get the store there." (Received January 15, 1999). • Alan Jones, 516 Fox Glenn, Southlake, TX, in favor. See attached letter. (Received January 15, 1999). City of Southlake, Texas • Carol, Steve, Jimmy, Lauren Ovelgonne, and Marjorie Lawrence, 1352 Ten Bar Trail, Southlake, in favor, "We would like to have all city council members vote YES to the proposed Tom Thumb grocery store at the Crossroads Square Shopping Center." See attached letter. (Received January 15, 1999). • Gail Parnell, 110 Ascot Dr, Southlake, TX in favor, "Save Tom Thumb! We need Tom Thumb. We want Tom Thumb, it is a GREAT Store! Hasn't that space been empty long enough ? ?? Please Vote to Save the Tom Thumb project!" (Received January 15, 1999). A second response was received from Ms. Parnell on January - 19, 1999. See attached letter. A response was also received from Ryan and Stephanie Parnell, Ages 7 and 9, "Tom Thumb is our favorite store! They have the best cookies, and they have real kids sized shopping carts! We LOVE Tom Thumb!" (Received January 19, 1999). • Martin Schelling, 2665 N. White Chapel Rd, Southlake, TX in favor. (January 15, 1999). • Betty Springer, 1024 Mission Dr, Southlake, TX in favor, "Tom Thumb would be an asset to this center." See attached letter. (Received January 15, 1999). • Robert S. Mundlin, 1658 Royal Oaks Ct, Southlake, TX in favor. (Received January 15, 1999). • Robin Blackburn, 1003 Chimney Hill, Southlake, TX in favor. (Received January 15, 1999). • Donna Dant, 1406 Cambridge Crossing, Southlake, TX, in favor, "It would be a great addition & support our tax base." (Received January 15, 1999). • Joan Mayer, 903 Turnberry Ln, Southlake, TX in favor. (Received January 15, 1999). • Frances P. LaFavers, 620 S. White Chapel Blvd, Southlake, TX, in favor, "We need a grocery store close!" (Received January 15, 1999). • Ken Stone, 1502 Irion Ct., Southlake, TX in favor, "the present eyesore for tax advantage." (Received January 15, 1999). • Lance B. Hight, 1709 N Carroll Ave, Southlake, TX in favor, "Shopping convince / Old Food Lion is eye sore. Tax revenue." (Received January 15, 1999). • Rhonda Hight, 1709 N. Carroll Ave, Southlake, TX, in favor, "Southlake could benefit from tax revenues not being generated now. The vacant building is an eye sore & we need more shopping convenience." (Received January 15, 1999). • Darla G. Christiansen, 580 Truelove Trail, Southlake, TX, in favor. See attached letter. (Received January 15, 1999). City of Southlake, Texas • Rebecca Goodman, 1555 Bent Creek Dr, Southlake, TX,, in favor, "More options for grocery shopping and for the revenue they'll generate for Southlake." (Received January 15, 1999). • Margaret M Long, 1219 Timberline Ct, Southlake, TX in favor, "Tom Thumb is an asset to any city - Support tax base." (Received January 15, 1999). • Jeff Roach, 3100 Woodland Dr, Southlake, TX in favor. (Received January 15, 1999). • Betsy Horowitz, 600 Regency Crossing, Southlake, TX in favor. See attached letter. (Received January 15, 1999). • Mike Riley, 1305 Meadow Ridge Ct, Southlake, TX in favor, "I feel a Tom Thumb would be a great asset to the strip mall and its clients because of convince and need." (Received January 15, 1999). • Krista Klein, 1101 Crockett Ct, Southlake, TX, in favor, "We need to improve the look of the center to match the rest of the 'upscale' demographic." (Received January 15, 1999). • Mary Blalock, 707 Wyndsor Creek, Southlake, TX in favor, "convenience, upgrade shopping center, tax base." (Received January 15, 1999). • Jane Middlebrooks, 606 Melrose Ct, Southlake, TX in favor, "beautification of the neighborhood. I don't like empty shopping centers!" (Received January 15, 1999). • Janice Barnhart, 402 Oxford Ct, Southlake, TX in favor. (Received January 15, 1999). • Pat Vallentiny, 705 Oak Hill Dr, Southlake, TX in favor, "I am strongly in favor to have Tom Thumb, an upscale retail market in this location & support our tax base!" (Received January 15, 1999). • Maria Handley, 905 Nottingham Cr, Southlake, TX, "Underutilize center now. Eyesore. Need to use space already there." • (Received January 15, 1999). • Cynthia J. Conrads, 108 Springbrook Ct, Southlake, TX, in favor, "convenience, I hate driving to Grapevine. Southlake needs Tom Thumb. Southlake $ is currently going to Grapevine." (Received January 15, 1999). • Kurt D. Miller, 1196 W. Continental Blvd, Southlake, TX "We have been promised for the last 5 years Tom Thumb was moving into the old Food Lion space. This shopping center is beginning to look old and rundown because of this vacancy. We need a strong anchor in this center." (Received January 15, 1999). "Tom Thumb will be an excellent anchor tenant that will attract customers to neighboring tenants & businesses." City of Southlake, Texas • Paula Conner, 117 Yale, Southlake, TX in favor, "Why not! This would be so convenient. It would bring a lot of revenue." (Received January 15, 1999). • Kathleen Zidell, 709 Kleberg Ct, Southlake, TX in favor, "Need grocery store close by!" (Received January 15, 1999). • Mary Lou Parmer, 709 Timber Lake Cr, Southlake, TX in favor, "We need a good Tom Thumb in the area!" (Received January 15, 1999). • Siv Zitnik, 340 Green Oaks Ln, Southlake, TX in favor, "I have 5 children. We eat a lot. I go to the grocery store a lot and I'm tired of driving to Grapevine." (Received January 15, 1999). • Mary Lou Vincent, 1019 Alamo, Southlake, TX in favor. (Received January 15, 1999). • Darlene La Pilusa, 207 Lake Crest, Southlake, TX in favor. (Received January 15, 1999). • Jan Knight, 807 Huntington Ct, Southlake, TX in favor, "Tom Thumb locating in the old Food Lion Building. I am opposed to Lowes opening in Southlake when we need other business so desperately." (Received January 15, 1999). • Jennifer Snodgrass, 2145 N. Peytonville, Southlake, TX in favor, "benefits to the surrounding business area, good use of facility - quality business." (Received January 15, 1999). • Kim Kolar, 1416 Park Place, Southlake, TX in favor, "The empty building is an eyesore and a Tom Thumb would be greatly appreciated. I now currently shop in Grapevine at their Tom Thumb. Southlake needs a Tom Thumb so we can benefit, too." (Received January 15, 1999). • Ken and Barbara Boerner, 712 Inwood Dr, Southlake, TX in favor, "Southlake needs the tax revenue & the current White Chapel & Southlake Blvd. must be utilized, it is wasted space." (Received January 15, 1999). • Linda J. Bank, 1305 Normandy Ct, Southlake, TX in favor, "convenience for shopping plus improvement to the area by • filling an empty store." (Received January 15, 1999). • Chris Williamee, 804 Pearl Dr, Southlake, TX in favor, "I live in Southlake and buy my groceries at Tom Thumb in Grapevine. I'd like to have a tax break in Southlake." (Received January 15, 1999). • Fred A. Williamee, 804 Pearl Dr, Southlake, TX, in favor, "This would be a great convenience for shopping." (Received January 15, 1999). • Mary Jo Chambers, 1505 Coryell Ct, Southlake, TX in favor. (Received January 15, 1999). City of Southlake, Texas • Andrew M Carlton, 908 Hillcrest Trail, Southlake, TX in favor, "Tom Thumb has better variety of goods - I am driving to Grapevine now. Southlake needs the tax base." (Received January 15, 1999). • Susan Bondy, 306 Timber Lake Dr, Southlake, TX in favor, "The Tom Thumb would be beneficial to the people of SL - SL $ would go here instead of to Grapevine Tom Thumb." (Received January 15, 1999). • Sandy M. Teer, 808 Columbia Dr, Southlake, TX in favor, "I would like a closer groc. store." (Received January 15, 1999). • Dorothy Owen, 480 Shady Oaks, Southlake, TX in favor. (Received January 15, 1999). - _Patricia Van Buskirk, 147 Belmont Place, Southlake, TX in favor. (Received January 15, 1999). • Shane Ridenour, 508 San Juan Dr, Southlake, TX in favor. (Received January 15, 1999). • Shawna Jenkins, 705 Shorecrest Dr, Southlake, TX in favor. (Received January 15, 1999). • Ellen Melvin, 108 Parkcrest Dr, Southlake, TX in favor. (Received January 15, 1999). • Hanna Fowler, 100 W. Southlake Blvd, Ste 310, Southlake, TX, in favor. (Received January 15, 1999). • Diana Panther, 1502 Spruce Ct, Southlake, TX in favor, "Tom Thumb would be a great asset to the appearance of this end of 1709." (Received January 15, 1999). • Joan Wellborn, 908 Suffolk Ct, Southlake, TX in favor, "Convenience to area residents - beautification of area through building & landscape improvement." (Received January 15, 1999). • Jean Boland, 625 Oak Hill Dr, Southlake, TX in favor, "much needed." (Received January 15, 1999). • Cheryl Hickey, 109 Killdeer Ct, Southlake, TX in favor, "would like Tom Thumb close by, would help the shopping center." (Received January 15, 1999). • Shellee Wheeless, 401 Sheffield Dr, Southlake, TX in favor, "I think it would be an 'eyesore' to a beautiful community. I would love to see a Tom Thumb in Southlake." (Received January 15, 1999). • Christine Cook Hutson, 904 Hidden Meadow Ct, Southlake, TX in favor. See attached letter. (Received January 15, 1999). • Dayle Hallnert, 4500 N White Chapel, Southlake, TX in favor. (Received January 15, 1999). • June Haney, 400 Brock , Southlake, TX in favor. (Received January 15, 1999). City of Southlake, Texas • Susan E. Beck, 1313 Kings Brook Ct, Southlake, TX in favor. (Received January 15, 1999). • Cissie Cargill, 1204 Bowie Ct, Southlake, TX in favor, "We need another grocery store in the area, and I think it would be helpful in revitalizing the shopping center, keeping tax dollars in Southlake (currently I shop at Tom Thumb in Grapevine)." (Received January 15, 1999). • Ellen G. Lenart, 501 Timber Lake Way, Southlake, TX in favor. See attached letter. (Received January 15, 1999). • Breanna Beck, 1410 S. White Chapel, Southlake, TX in favor. (Received January 15, 1999). • Patricia G. Lease, 370 S. Peytonville, Southlake, TX in favor, "We need a Tom Thumb:" (Received January 15, 1999). • Pamela R. Griffin, 3002 Briar Lane, Southlake, TX, in favor, "We need it and it would be good for Southlake in Taxes." (Received January 15, 1999). • Jeff Massey, 1200 Kimball, Southlake, TX in favor. (Received January 15, 1999). • Jamie Taylor, 1303 Plantation, Southlake, TX in favor, "Because it has been empty for years and makes the center look unused." (Received January 15, 1999). • Wanda Gritton, 917 Independence Way, Southlake, TX in favor, "nice grocery - eyesore now." (Received January 15, 1999). • Mike Thompson, 100 W. Southlake Blvd, Southlake, TX in favor, "This center is an eyesore. New center is a real plus for city, merchants, and the income. If Tom Thumb doesn't come the center will get real empty. Eckerd's, Dana's, and probably 3 -4 more will leave. That is the worst thing for everyone." • (Received January 15, 1999). • Rene Chiera - Hughes, 800 Columbia Dr, Southlake, TX in favor, "This area needs the updated architecture and this would also allow for additional tax dollars for the city." (Received January 15, 1999). • Elaine and Dee Perkins, 1350 Bent Creek Dr, Southlake, TX in favor, "For the tax base; to complete the shopping center by having Tom Thumb grocery." (Received January 15, 1999). • E.L. Beck, 1410 S. White Chapel, Southlake, TX in favor, "Tom Thumb is the only place we shop - I drive into Grapevine or Watauga to do my shopping. Tom Thumb deli (Boar's Head) & meat dept. are superior to other chains." (Received January 15, 1999). • Leigh Ann Ward, 2010 E. Dove, Southlake, TX in favor, "Please do something to improve the property that was Food Lion 5 years ago." (Received January 15, 1999). City of Southlake, Texas • Susan Newton, 100 W. Southlake Blvd 340, Southlake, TX in favor, "for the good of Southlake, the center, and the general area." (Received January 15, 1999). • Carole Radford, 100 W. Southlake Blvd Ste 340, Southlake, TX in favor, "for the welfare of the center and the rest of its occupants, and for the convenience and welfare of the citizens of Southlake." (Received January 15, 1999). • Holly A. Heatly, 100 W. Southlake Blvd, Southlake, TX in favor, "It would be in the overall best interest of the community and the tenants to proceed with the zoning change." (Received - fanuary 15, 1999). • Sean Cerone, 100 W. Southlake Blvd, #340, Southlake, TX in favor. See attached letter. (Received January 15, 1999). • Donna D. Smith, 1627 E. Southlake Blvd, Southlake, TX in favor. (Received January 15, 1999). • Michael Madison, 1338 Meadow Glen, Southlake, TX in favor, "I like Tom Thumb." (Received January 15, 1999). • Jane A. Dake, 1209 Meadow Ridge Ct, in favor, "Incoming taxes - convince." • Sara G. Handwerk, 441 Marshall, Southlake, TX, in favor. (Received January 15, 1999). • Steven L. Courchesre, 1313 Kinsbrook Ct, Southlake, TX in favor. (Received January 15, 1999). • Sandra Rietig, 200 Silverwood Ct, Southlake, TX in favor. (Received January 15, 1999). • Carol Rudnickas, 805 Parkdale Dr, Southlake, TX, in favor, "We need it! The empty store and lot is an eyesore!" (Received January 15, 1999). • R. White, 806 Kleberg Ct, Southlake, TX in favor, "for improved site appearances." • Corinne and Steve Skeels, 605 Briarridge Road, Southlake, TX in favor, "It's a great idea to get Tom Thumb in where the old Food Lion was. We've been here in Oak Hill, just north of the abandoned Food Lion for almost 6 years. Please get a supermarket there!" (Received January 18, 1999). • Brad Cavnar, Chairperson Elect, Southlake Chamber of Commerce, PO Box 92668, Southlake, TX in favor. See attached letter. (Received January 19, 1999). • Tamara A. McMillan, 1023 Mission Drive, Southlake, TX in favor. See attached letter. (Received January 19, 1999). • Richard and Janice Agin, 718 Nettleton Dr, Southlake, TX, in favor. See attached letter. (Received January 19, 1999). City of Southlake, Texas • D. Jackson Chaney, 1411 Brighton Court, Southlake, TX in favor, "I want to express my desire for the city to work out its problems with the Tom Thumb developer." (Received January 19, 1999). Seven (7) responses, without an address, were received: • Terri Hunter, Northeast Tarrant Tennis, in favor, "I am writing to support having Tom Thumb at Crossroads Square shopping center." See attached letter. (Received January 15, 1999). • Sandy Harrison, in favor. (Received January 15, 1999). • Stacy Mead, in favor. (Received January 15, 1999). - • Marsha Gray, in favor. (Received January 15, 1999). — Kevin McDermott, in favor. See attached letter. (Received January 18, 1999). • Chris Zapatka, in favor. See attached letter. (Received January 19, 1999). • Karol Welsh, in favor. See attached letter. (Received January 19, 1999). One (1) form letter to "Save the Tom Thumb" was received on January 19, 1999. In favor. See attached. A petition, with four hundred ninety -four (494) signatures, was received on January 15, 1999, in favor. See attached. Two (2) petitions from Northeast Tarrant Tennis with thirty-one (31) signatures, was received on January 19, 1999. In favor. See attached. P &Z ACTION: January 7, 1999; Denied (4 -2). STAFF COMMENTS: This property previously appeared before you as a Revised Site Plan which included the proposed Tom Thumb Center, proposed Eckerd's site and a Zoning Change request for a 1.17 acre tract. Prior to the City Council taking action on that request, the Zoning Administrator determined that the revisions proposed on the Tom Thumb Center site constituted the need for rezoning of the entire Tom Thumb Center property boundary. The submittal was revised such that only the Eckerd's portion went forward to Council and the Tom Thumb Center portion was withdrawn and resubmitted as a zoning change with site plan. A copy of the Zoning Administrator's opinion letter is attached. Also attached is Site Plan Review Summary No. 2, dated January 15, 1999. City of Southlake, Texas Due to the P &Z- Commission's recommendation to deny, a super - majority vote (6 of 7) of the City Council will be required to approve this request. L:\ COMDEV\ WP- FILES\MEMO \98CASES \98- 156ZS. WPD • • ia isa -99 nz : aqv v r.2 • • Sandra 1 gl_raneil From: Kevin McDermott AM E r•■ n r. To: j 11 ti tE t _ U W 1i 1 l l Subject: City Council 11111 MAI i Q Nrim 11 Jl Liu' wry. 1 .. t j I strongly urge you to reconsider what is, to me, an extremely ` OFFICE OF CITY SECRETARY disappointing recommendation by the planning and zoning commission regarding Tom Thumb's request to become part of our community. QC A rt wit:tnt (gr a ithr d ge I aired whn naccoc that iccatien ever "•{'•y one y „ who often uses that sh center. 1 fully support Tom Thumb's a The positive aspects of a Tom Thumb moving into that shopping center and our community far outwiegh any of the relatively minor concerns expressed by as_.. made wn •eVLI nr1,ci WO!.RJ . Please. Don't let Southlake be remembered as the community that approved that awful eyesore at the entrance to our community. yet turned down a quality business like Tutu Thumb for noising more Than technical reasons. RECD JAN 181999 -lco-cm rya •r P 06 • Sandra 1 or rand From: B 1 PARNELLGaol.com Sent: Friday. January 15. 1999 10:24 AM _ To: SLegrand 11 D 1 ih L! 11 Ill (% r\ Subject: WE WANT THOM THt1MBlifiIIUUlll }ltIIIIIl!ll! 11n11 711111 111111 _MA 111111 Dear City Council iviernbers: 1 _L . 1 1 1 Please Vote to Save the Thorn Thumb Project. UFFIcE of C SgrItr As a citizen of Southiake i feet tnat putting the Thom Thumb Store in to the yid Foo`. Lion location would be de "LJ That r t__ h -_ v�.a.w:'i• would vo iiivi uci iw. That �o� $� wFI►Iii ly center � ids looked like a Ghost town for almost F vware 1 et'c work o it the. r_totails and{ have a wonderful store with excellent customer and community relations move it there and make our community better. As far as I am concerned Thom Thumb is ure test grocer in the uaiiasiFt.vvorih market, And i wouid iove to have one c los e ■nn■nh to shoo 2t o n ron..Inr Thanks for your consideration about this project Gail Parnell 1 iu M Sell �thl_ke TeYnt 76fQ7 817 -424 -1239 • • RECD JAN 191999 i rya p ha. • Sandra i eC;ranci From: Chris s Zapatka [ Sent: Monday, January 18. 1999 4:01 PM To: Subject: Tom Thumb at Crossroads Square Shoppino Center Dior Soul` l ake City Counlcil row wet S. 11 Ai It has been brought to my attention that some of the members on the city Skti council do not want a Tom Thumb to go into the Crossroads Square Shopping ~ ' ( Center. Ever since i moved into Soutniake three and a half years ago, I ` ' 7 TARP have b �...�:►: f t _ that location. . r_ rir rITY SECRE b grocer b into 1. it wood be so { pi �• convenient for many of us that Live in th" Tim are n T. Th N l a wonderful grocery store. 1 l am also cur Iuerired anvui what wouid happen if the Tom I numb deal is hirnari mown gilt} how it wouid affnrt th o t ., y am•.+ -�% ��$. t the jiai k e� a Frew tennis courts. etc.. Sounds like 8 huae leaal nightmare to met Please take into consideration what wonderful things are already happening in Southiake and make a aecision that really makes sense! Vote YES to Tom TL......1.1111 Thank you. Ciiris Zapaika C e� , }Hake C:tiza i Y'ou don't need to buy Internet access to use free Internet e-mail. Get completely free e - remit irurn Juno o ai http :i;www.juno.comigettuno.html nr call Juno at ( Ann) RSA_ II INn [654 58861 • • • RECD JAN 19 1999 -19 -vg rvx Sop v C17 Sandra 1 a ra From: KayRtifflasrfi 1 , u n Sent: Tuesday, January i4 goo 1:ix pm To: t Subject: Tom Thumb I n11 I I !I I UU1 AN 1 699 IN I am a resident of Southiake living in Stone Lakes and read about the upcoming ' Vote on the I Tom moon• e-4 To Thumb 1+ CE �► n.w. r•"r � nun� rvNviy. i would love to see I om Thumb fill vrr OFFwc yr a,rr , pc�,nt,i�nT the vacant buildino. The empty Fond i � inn store is a eye sore the comm — and I believe this shopping center needs a strong store in the strip in order ��� for the other stores to stay in business. 1 do not frequent any of the other establishments in the shopping cenier except an occasional stop at Eckerds. I do 95% of my oc grery shopping at t T Thumb in Grape-vine pev i_ _ with � �' ^'i shopping at Tom Thumb u, V�O�lCY,Ithe remalnaef at Kroger. I would ask you to please vote yes and continue soaking, S : l 4e k a great community. Thank you for your Consideration. y vvV -- -_ Kargl Welsh RECD JAN 191999 • p (Ica t7 Southlake Chamber of Commerce 1 P.O. Box 92668. Sourhlake, Texas 7h097 Metro (81 1; 481 81(X) Fax (81 7) 329.1407 � llnl_t� C,�rtttn.5 _ 11 li /;11 1111![ /... 111111 .,Nn 1 5 1999 1�-� 111 tu 1; Ja dry 15, 1999 1 1 oFFi iG r. r.. - J�� i ... r �Ef;AFtgRYr�,Y/, Zebu Fdtnondson Soutniakc City Council, Place 4- - - 1306 Plantation Drive -- y Southtake, l'exas 76092 Dear Debra, The Southlake Chamber of m Comerc ..J.- �� .'�.:.v/Tln�2uua reconsideration be given to the original proposal for 4 +\CCf`llOr +. •c Square, CAL___ • �' -sal •o• Cr C• s oads Squar , Shopping Center. The Chamber believes Toni Thumb's location t^ c,,,..t.i..� -.. , , Southlake could potentially attract other economic development rr-• •.....,le5. 1 huh, intceasing our community's tax base. The Chamber recognizes that large g rocery sivrc would provide the driving force to regenerate tragic to many of the small businesses in the center. Also, 'corn Thumb would create a balance a nd co a variety of grocery shopping opportunities to local residents_ complete We trust that you will make the appropriate decision reg Tom Thumb - ----- ........�.. -.... • Ala 1 „u,n� and their economic impact on Our community - Sincerel /C / - L/ ( U Chairperson t_ Elect EC'D JAN 191999 . . -?9 - 94 n? -57p n in A.11. iy. ON .L4 . J ria /*IC X002 -- • I R I I IMI 1 o wine 11111', uhf urn 1 I 1 To: Linda Carpenter - City of Southlake 1 OFFICE OF CITY SECRETARY I From Tamara McMillan - Mission Hill Estates Liaison 1 /lY /YY Linda: Per my cooversation With you earlier today I W _n t to regime:- ... o .�' ». .•� S:: t:•r u12 proposed Tom Thumb project on Whites Chanel. - - Several weeks ago I attended the pia and tong meeting where this project Passed sometime around midnight M that time 1 spoke out for this project.as did several of the residents of Diamond Circle. I received the January 8' City Managers -rr-• •:=Li that the pinjeci had also passed.1 received no notification of the nr.i.Atect. review. with pea auu-, and auuurg which was turned down. Had I been aware of this merling t wMol d 1 ar - -1 My C..-. - _._ e. - - _ � first uu�uwatain of this denial was v18 a Petition which oat of my r_tei•t,Mr had zuyie ww and sigsad arid hen -fie follow -up article in the Grapevine Sun this week. I attended many meetings on this property when the Food Lion was ri:opose.t We h petitions Indicating we did not want the project due to the caliber of the projects - •�� grocery store. in spite of our objections this project passed. the vppuauitity to correct an error that has created an eyesore for my and �`'_ Muni as a whoie. We .�_ _ ......... .... .�,� ,,.,,,11. ry oe, e ocigittauy had indicated that we would support 'Mjc.e•1 whi h en up scale , _ _. .....- ....-..... upscale stn v (iuviz as Tom i nwf C as �II have what we had oris,inatl Mr . es t..r 1 W:. aviary that we J anchor. We now •+-- --- Y.Y. ,+e have drastically improved our standards for the coMmunity and I rm a th tear _.._m_ - _._ _ Y V,YGl V W Y4Ija/r(T,f on this project However, I as a citizen can live with thepy v. rim„___ at tb 1 see the improvement W t r 'T ot - : Pro bleb will be made to this project. There is a and t� :.�r.,..r... .. Also, please keep in mind that the sec -'. support of the Ecketds project by citizens is larvety .+i;e io the prospect of the Tom Thumb. We agreed to support that project which we had has we wonid get the shopping center we watered in the first place, 1 Uric city cnnncit tear. .:.: d__: -- va.aW. , /e►YQ3 u u7 account this time and Support this PrOJeet- M haisoo to Miusinr, 14itk 1 h-- -- ---.•.• 1 •—••. •�wsrw vul out objection from a member of oty neighborhood - they went the tmn Th bet ,. r ._1d ,caw as be t "' Y i vu ima11lT_ Thank you for your consideration in this matter. t Ji .or9 COL' ".411/PCIL SOUdilake TY 481 -3350 REGp JAN 1 1999 • I ..._.. nd .. VYI IY /M I_V /YI ICI Frnrr� dick anin `Q 1 r l5 U o u v t t 11 Sent: Friday. January 15. 1999 10 AM ` ` !1 I To: sleorandc 1 1111 JAN 15 We 1 1� 1 Sau Subject: RE: Tom Thumb 1 1 OFFIct OF wi i .oc.nc ATi00000 Mm A ics,uC , t Vf Sou iiaw. wtl WQuk like to expiess out curicem That iile City Council vote in favor of the Tom Th„mh in the (_rnccrnaric gnr,nro ghnnninn !`enter That sp ce hoc ►,non ..•-'nf s in ce cur re A t Y) ..r.-.r.- _ _.. � �... ...... .. v......... .. .... .. .+.. since v. vu wv -, ..c years alto. It leaves a terrible impression of this town when retail space is left vacant. For the Planning 8 Zonino Commission to require that a property constructed nearly 10 years ago meet design requirements of today is unreasonable. Additional commerciai development shouid oe encouraged In Soutnlake tor this type of development would help alleviate the tax cutter; most f • residence feel y, we i G ji y G! II..G feel. _ Please vote as the constitiients w ould and vote in favor of the Tom Thumb Sincerely, - Richard and Janice Agin 718 Nettleton ur. Qouthlke TX 75092 817/421 -8466 • • REC'D JAN 191999 Save the Tom Thumb I, the undersigned, as a member of the community of Southlake, TX. encourage and support the City Council to vote YES to the Tom Thumb site plan. Crossroads Square Shopping Center has been sitting vacant for over 5 years. Now is our chance to improve its look, and fill it with a quality merchant who has been sorely missed in our city. The improvements being proposed by the shopping center are a vast improvement over what exists today. The risk you take in forcing every little articulation issue on this shopping center is not worth what the city may loose. Please, be reasonable, not radical. Vote YES to the Tom Thumb! Name: Signature: UJ ' \ (-(-174 Address: ( ) 2 1) L`'.J _ U ll-t /\ - (� n Please return this petition to any of the merchant shops In Crossroads Square Shopping Center at Whites Chapel and 1709 by 4:OOpm Tues, January 19th. Show your support at the City Council meeting that evening beginning at 7pm, City Hall Chambers across from the Post Office on Carroll . You may also email a letter to the City Secretary for inclusion at the meeting at slegrand@cl.southlake.tx.us • RECD JAN 191999 4 , - - a - Cfl AID y 1 --A -- - )E. , 4 ND iiiummil===a, 1' • January 12, 1999 NET 1 NORTHEAST TARRANT TENNIS Dear Southlake City Council, I am writing on behalf of the NORTH EAST TARRANT TENNIS Board of Directors and the tennis playing public of Southlake and all surrounding communities. It has come to our attention that P & Z has turned down Tom Thumb's zoning request. The ramifications of this vote is quite serious. We do not want the vacant Food Lion to remain empty, we do not want a stop put on the building of the Southlake Tennis Center, and we do not want the City of Southlake sued for reneging on their agreement. We need you the City Council to vote YES to the proposed Tom Thumb. Surely the positives that is vote would cause far outway any minor details that brought this vote into question in the first place. We need you to vote the conscious of the community! __,_,Mil-a4f5 COThi i s - ...4 S fl Wc_D (9 &..,111. )201),.. hi. l_a vie 1 'ice- 1 r -, Altai ..i _ (ee,k li I - 1 : . ,-, ,---> , 4-___ Ar 16 /"Mallirre -. '-' C A _ _2- Ai II . _ . 1 ..„, ,,,,___, i ,,_ - 6 - 2-7 C 4_ , (-tom . _ '1-6 o .) • , _ 1 4 n W ..= . 1 , #11 ,Al e .17,rifisr y 21 2 7 . L. e - , , 3.r, 17 D /00f , a Aniga_, '770 -n , ',) 76c AEA it v -I-S i 7131 '1111c -r /0 1 // 3 tvdrA, 497 7506,3 C i End z ►-;cly P /R.v (x 75( c . ° \ (- \\ 1 F466tW ry iv . Q �i i , ^ r / ,L/ A .,:,/./ _ i /-. , I A n 37 ° .5 - ` . , 1, L q 60 Fig.,, Jai Cam., , ..i A/ if./ - Seal\ - 0_3 . � 7' � P. - O _BOX 9271 8 - - SOUTHLAKE, ' TEXAS_76092 CD RE JAN41 19992 1 3 �ara_io_gg n-2:=.71:2 v t-% Lili ... ....� 11111 i �� no l� ,9aa f a l U V T' :" w[e�R r 1C trey SEnn nv NC)RTI {CA AS l TARRANT TENN ) P v m 1 Dear Southiake City Council, 1 am writing on behalf of the NORTH EAST WARRANT TENNIS Board of Directors and the tennis playing public of Southlake and all surrounding communities it has come to our attention that P & Z has turned down Tom Thumb's zoning req The ramifications • this vote is quitc serious. We do not want the vacant F Lion remain empty, d - - • to remain asu�.rr.�� we not want a stop put VJ1 the building of the Southlak Tennis Center, d �_ , C- of ---C 4A� $uu we do not want t[te City U! jUUthlai:e sued for on • a••a. v► lti "u agreement We need you Inc City Councit to vote YES to the proposed Tom Thumb. Surely the positives that is vote would cause far outway any minor details that brought this vote into question in the first place. We need you to vote the conscious of the r nmm NF RnARL) l Y. _ < cgC F-.�J t C.✓ L- ' 'at/e4 � f ..rn _ ) `7? 7 r Ce_ /. /.lZ/C o tz —ze rr-eov Sic %vv% w Vi ("LikU rru/ L.7 ` al.'A-4L_ f /ate 49 41 _XlA�(.� iIJ4X)_S!! C /A A A 1 LY WC r Lr Y L /Cd- -- f4i17: f / 1 4,20 O .[ 'si t_+ /1,. , C P O R n x 9 o r a 2 SOIIT -i AKg TEXAS 7.022 A 1 7 - 4 o a 1 RECD JAN 191999 City of Southlake, Texas TREE PRESERVATION ANALYSIS (Non- Residential Development) Case No: ZA 98 -141 Date of Review: 1 - 19 - 99 (Revision) Number of Pages: 1 Project Name: Taco Bueno (Site Plan) APPLICANT: ENGINEERS/PLANNERS: Southlake Kimball Venture, Ltd. Lawrence A, Cates & Assoc., Inc. 11300 N. Central Exp. Ste. 407 14200 Midway Rd., Ste. 122 Dallas, TX 75243 Dallas, TX 75244 Phone: (214) 696 -5270 Phone: (972) 385 -2272 Fax: _ Fax: (972) 980 -1627 THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481 -5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. I have spoke with the applicant and he has provided good faith in preserving and protecting any protected trees on the site. Any necessary mitigation will be addressed at the time a Landscape Plan is submitted and reviewed for a Building Permit. • BUILDING INSPECTIONS L:trees /dre- 98/98 -141 r3 City of Southlake, Texas TREE PRESERVATION ANALYSIS (Non- Residential Development) Case No: ZA 98 -137 Date of Review: 1 - 19 - 99 (Revision) Number of Pages: 1 Project Name: Davis Boulevard Center (Rezoning /Site Plan) APPLICANT: ENGINEERS/PLANNERS: K12 Design Inc. K12 Design Inc. Phone: ? Phone: ? Fax: Fax: ? THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTEe1'hD TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481 -5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant has proposed to move the South access drive further to the East and the existing protected trees are shown to be preserved. BUILDING INSPECTIONS L:trees /dre98/98 -137 Revised Articulation Evaluation No.1 Case No. ZA 98 -156 Date of Evaluation: 01/07/99 F'°vations Tom Thumb Bldg. ved: 12/21/98 Rear - facing: North Wall ht. = 29 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 87 84 -3% Yes 87 65 -25% Yes Min. artic. offset 4 1 -75% No 4 4 0% Yes Min. artic. length 14 3 -79% No -- 15 55 267% Yes Front - facing South Wall ht. = 35 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 105 76 -28% Yes 105 79 -25% Yes Min. artic. offset 5 4 - 20% Alo 5 5 0% Yes Min. artic. length 18 - — 4 78% i'dr6",1 16 37 131% Yes Left - facing: West Wall ht. = 29 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 87 55 -37% Yes 87 74 -15% Yes Min. artic. offset 4 1 -75% No — 4 5 25% Yes Min. artic. length 14 4 " -71% ' No — 6 6 0% Yes Right - facing: East Wall ht. = 22 Horizontal articulation Vertical articuiation Required Provided Delta Okay? ` Required Provided Delta Okay? it f ? t `- wall length 66 148 124% ' No _\ 66 70 6% No V rtic. offset 3 1 -67% No - i 3 3 0% Yes artic. length 17 24 41% Yes 10 20 100% Yes !. Elevations Lot 2R1 Strip Retail Bldg. Received: 12/21/98 Front - facing: East Wall ht. = 19 Horizontal articulation Vertical articulation Required Provided Delta kay? Required Provided Delta Okay? Max. wall length 57 166 191% a No 57 74 30% No ` Min. artic. offset 3 2 -33% i No 3 2 .33% No Min. artic. length 14 10 -29% \i No 14 10 -29% No Rear - facing: West Wall ht. = 17 Horizontal articulation - No Vertical articulation ' Required Provided Delta Okay? Required Provided Delta Okay? (; \ Max. wall length 651% jj 51 _ 383 X %%' ' '— 51 .x.384 " . 653% No Min. attic. offset 3 1 -67% No . 3 3 300% Yes Min. artic. length 13 13 0% Yes 13 13 0% Yes Side - facing: North Wall ht. = 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 51 35 -31% Yes , 51 35 -31% Yes Min. artic. offset , 3 a , 1 -67% ' No, ��'`' 3 3 300% Yes Min. artic. length 9 13 44% Yes 9 13 44% Yes facing: South Wall ht. = 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 51 35 -31% Yes 51 35 -31% Yes Min artic off set 3 ?' 1 ' 67% ` No 3 3 300% Yes Min. artic. length 9 13 44% Yes 9 13 44% Yes ROME alliii4 111. A .141 k* 6 & - 44/ W- - 4 86 4 b. a INN 1111111 • . , lir •. , , ''g 4 4,, -• .,,-- ,, , . ./'; , , . , ,... . , BM T i.: , ; , ....... . , .„. , ■ ,''' ''.. ' l' '• , ,. .. ... , ,. .. • ,......„, , . .. . •-\,:, _ • ' ... .,4\ ., .', ! \ • , • . 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