1999-02-02REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
FEBRUARY 2, 1999
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern W. Ralph
Evans; Deputy Mayor Pro Tem Scott Martin. Members: Debra Edmondson, Ronnie
Kendall, and Wayne Moffat.
COUNCILMEMBER ABSENT: Gary Fawks
STAFF PRESENT: City Manager Curtis Hawk; Assistant City Manager Shana
Yelverton; Director of Community Services Kevin Hugman; Director of Community
Development Greg Last; Zoning Administrator Karen Gandy; Director of Public Works
Bob Whitehead; Deputy Directors of Public Works Charlie Thomas and Ron Harper;
Capital Improvements Coordinator Shawn Poe; Director of Public Safety Billy
Campbell; Building Official Paul Ward; Plans Examiner Chuck Bloomberg; City
Attorney Analeslie Muncy; and, City Secretary Sandra L. LeGrand.
WORK SESSION: The work session began at 5:25 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 6:00 p.m.
REGULAR CITY COUNCIL MEETING
Agenda Item #1, Call to Order
Mayor Rick Stacy called the Regular City Council meeting to order at 6:05 p.m.
Agenda Item #2-A, Executive Session
Mayor Rick 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, 551.076, to
seek consultation with 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 6:07 p.m.
Council returned to open session 7:10 p.m.
Regular City Council Meeting Minutes of February 2, 1999 Page 1 of 26
Agenda Item #2-B, Action Necessary/Executive Session
No action was taken as the result of the executive session.
Agenda Item #3, Invocation
The Invocation was given by Mayor Pro Tem W. Ralph Evans in the absence of the
chaplain of thc month.
Agenda Item #4-A, Mayor's Report
Mayor Stacy reported that Capital Improvements Coordinator of the Department of
Public Works Shawn Poe passed his Professional Engineer exam. He congratulated Mr.
Poe for a good job!
The following announcements were made:
)~ February 3, 1999, the scheduled meeting of the Crime Control and Prevention Board
has been cancelled.
)~ February 4, and February 5, 1999, the Directors Retreat will be held, therefore, the
City Manager, Assistant City Manager, and directors will be gone for both days.
> February 6, 1999, at 9:00 a.m., the Annual SPIN Retreat will be held in the City
Council Chambers of City Hall. Councilmembers are invited to attend.
February 8, 1999, Candidate packets for the May 1, 1999, General Election will be
available in the Office of the City Secretary.
~ February 8, 1999, at 7:00 p.m., the Park Board meeting will be held in the City
Council Chambers at City Hall.
)~ February 9, 1999, at 6:00 p.m., the Drug and Alcohol Awareness Committee will
meet in the City Council Chambers at City Hail.
)~ February 10, 1999, the Mayor's Advisory Committee will meet at noon in the Senior
Activity Center.
} February 10, 1999, the Youth Park Board meeting will be held at the Community
Center, beginning at 6:00 p.m.
} February 10, 1999, the Southlake Sister Cities group will meeting at 7:00 p.m. in the
Senior Activity Center.
} February 23, 1999, a Special City Council meeting will be held whereby the
Councilmembers and CISD Trustees will meet fi.om 5:00 p.m. to 7:00 p.m. and
Regular City Council Meeting Minutes of February 2, 1999 Page 2 of 26
adjourn. The Council will continue their meeting fi.om 7:15 p.m. to 10:00 p.m. The
City Council will be considering the FM 1709 Improvement Traffic Plan; the
Drainage Master Plan/Utility District; West Jones Branch; and, NETCRWS.
The Capital Improvements Advisory Committee will meet the fourth Thursday of
every month until the study is complete.
The Library Board will meet the fourth Wednesday of every month at 7:00 p.m.
During the first two months, they will meet twice a month to also include the second
Wednesday of the month. The next scheduled meeting will be held on Wednesday,
February 10, 1999. During their first meeting, Cynda Mast was selected as Chairman
and Scott MacLeod will serve as Vice-Chairman.
Agenda Item #4-B, Cit~ Manager's Report
During the City Manager's Report, Curtis Hawk stated that during the joint meeting
between the CISD Trustees and Council, the proposed bond package for the City and
school district will be discussed. Hawk stated he met last Tuesday with Steve Simmons,
the District Engineer for the Fort Worth District of TxDOT, to discuss some of the issues
on F.M. 1709. He stated he came away from the meeting very satisfied with the progress
they are going to make.
Ron Harper, Deputy Director of Public Works, presented the Town Square report as
follows:
TOWN SQUARE
Progress continues on the infrastructure and commercial elements of this project. Six
buildings are currently under construction. Buildings lA, lB, 5A, and 5B have been
inspected by Building Inspectors and have been released for tenant finish work. Building
4C has had all the exterior sheathing installed, rear stucco has been applied and brick
work is substantially complete. Selected tenant space is being constructed. Building 2C
has had framing installed, exterior stucco and brick is 95% complete. Both buildings
have had mechanical, electrical and plumbing systems installed. Interior framing and
sheathing is being constructed.
Paving of all the streets in Phase I has taken place. Sidewalks are approximately 85%
complete. Landscape is being installed in the parking areas and adjacent to the park areas
and within Family Park. Work has begun on the pavilion and the pond at Rustin Park.
Street lighting is being installed.
Tenant work and permits have been issued on Ann Taylor, Banana Republic, Bath and
Body, Bombay Company, Chico's, Comer Bakery, Eddie Bauer, Gap, Gap Kids,
Gymboree, Harolds, Magic Moon, St. John's, Talbot's, Victoria Secret and Williams-
Sonoma. Plan reviews have been completed on Animal Crackers, Charles Schwab,
Dameron Properties, Kids Footlocker, Lady Footlocker, Milwaukee Joes, Rockfish
Regular City Council Meeting Minutes of February 2, 1999 Page 3 of 26
Seafood, Starbucks, Village Jewelers, and Zuka Juice. Plans have been received but not
yet reviewed for Cooper & Stebbins, Prizim Development and Rattikin Title.
The Developer has had several meetings regarding grand opening activities.
Unfortunately, staff has received short notice of these and has been unable to provide
sufficient notice to interested Council members. Them is a meeting scheduled at Cooper
& Stebbins office on Friday, February 5, 1999 at 8:15 a.m. and any Council member is
invited to attend. Councilmember Gary Fawks was able to attend one meeting and
provided input into the planning process. Staff would like to schedule a meeting of the
Councilmembers who expressed an interest in being involved in the Town Hall ground-
breaking for Friday, February 5, 1999, in the afternoon to discuss issues specifically
related to the Town Hall groundbreaking.
NORTH CARROLL REALIGNMENT
Work on this adjacent project is well underway. Storm drain is approximately 80%
complete, the relocation of the sanitary sewer is complete, and the new water line has
begun. Construction of the foundations for the relocated signal lights has been completed
and the new poles and arms have been installed. The first layer of asphalt for the new
northbound lanes and 1/3 of the southbound lanes have been placed. Curb and gutter is
being installed on the northbound lanes.
POST OFFICE SQUARE
The Developer has met with Community Development staff on this project. A memo
regarding this meeting was included in your packet.
TOWN HALL
The architects have met with staff relative to the design issues of department spaces.
Within the next two weeks the architect will be meeting with City Council members to
discuss concepts for the Town Hall and County personnel to further define the County's
needs.
Agenda Item O4-C, SPIN Report
Milan Georgia, representative for SPIN #3, gave the report tonight noting that the City
Conncilmembers are invited to attend the SPIN Retreat to be held on Saturday, February
6, 1999 beginning at 9:00 a.m. Georgia commented that SPIN #3 has had many issues,
however, those issues have been taken up with staff and have now been resolved.
Agenda Item #5, Consent Agenda
Mayor Rick Stacy stated this is the time of the evening when Council votes on several
items at one time. He informed citizens present of the procedure Council follows in
voting on the "Consent Agenda" and asked if anyone had any comments or opposition to
Regular City Council Meeting Minutes of February 2, 1999 Page 4 of 26
express regarding any items listed in this section of the agenda. Mayor Stacy read the
consent agenda items into the record:
5-A. Approval of the Minutes of the Regular City Council meeting held on January 19,
1999.
5-B. Authorize the Mayor to enter into a developer agreement for Timarron, Village H,
Phase II (Huntly Manor).
5-C. Award of bid to Everspan, Inc., for the installation of sanitary sewer in the Jellico
Estates Addition.
5-D. Authorization to advertise for bids for mowing services for parks and City
facilities.
5-E. Authorize the Mayor to dedicate the right-of-way on Fox Fire Lane to the City of
Grapevine.
5-F. Award of contract to Systems Integration for the installation of a pump, motor,
and electrical switchgear for modifications to the Southlake/Keller Pump Station.
5-G. Resolution No. 99-03, Calling a General Election for May 1, 1999, and
establishing the procedures for the election.
5-H. Resolution No. 99-05, Establishing a legislative agenda for the City of Southlake.
5-I.
Ordinance No. 734, 1st Reading, Approving rate schedules for Texas Utilities
Electric Company.
Ordinance No. 693-A, 1st Reading, Amending Ordinance No. 693, providing
revisions to Appendix Chapter 33 of the Uniform Building Code, Excavation and
Grading.
Motion was made to approve the consent agenda items as follows: #5-A, #5-B, #5-C, #5-
D, #5-E, #5-F, #5-G (the amended resolution as presented) , #5-H, #5-1, and #8-A, as
presented.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 6-0 vote
ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS
5-A. Approval of the Minutes of the January 19, 1999, Regular City Council meeting.
The minutes were approved as presented.
Regular City Council Meeting Minutes of February 2, 1999 Page 5 of 26
Authorize the Mayor to enter into a residential developer agreement for
Timarron, Village H, Phase II (Huntly Manor). A final plat has been approved
for Timarron, Village H, Phase II, (Huntly Manor) Addition, located in the
southwest comer of East Continental Boulevard and Brumlow Avenue. This
developer agreement is our standard agreement, originally drafted by the city
attorneys. On December 14, 1998, the Park Board approved a park fee of $1,000
per lot for 156 lots, or $156,000. The mcnnorandum from Kevin Hugman,
Director of Community Services, is made part of the developer agreement.
Award of bid to Everspan, Inc., for the installation of sanitary sewer in the Jellico
Estates Addition. As part of the Neighborhood Sewer Program, the Jellico Estates
Addition is scheduled to receive sanitary sewer service. This is the final part of
Phase 3 of the program. The first two projects in this phase were Dove
Acres/Hillwood Addition and Cross Timber Hills. The CIP budget includes
$2,700,000 for Phase 3 projects which includes $500,000 for the Jellico Estates
Addition. Out of a total of six bids received for this project, the low bid is
$374,723. from Everspan, Inc. The engineering costs were $45,000. This brings
the total cost of the project to $419,723.
Authorization to advertise for bids for mowing services for parks and City
facilities. The City Council awarded the State rights-of-way mowing contract to
YVM Landscape Services on April 21, 1998. The contract provided for a renewal
of one year with all pricing to remain finn. The City Council has budgeted
$120,000 for fiscal year 1998-99 to include mowing of all State and city rights-of-
ways and all Park and City facilities. The contract renewal for VMC Landscape
Service and James Lawn Care will amount to approximately $22,000, leaving
$98,000 for park and city facilities. Since the contract documents allowed for a
renewal, and also stipulated that the contract could be separated by mowing type
and awarded to different contractors, the City can renew those portions already
discussed. We must again seek competitive bids, however, for the park and city
facilities mowing since we have chosen not to renew that contract and the cost
will exceed $15,000.
Authorize the Mayor to dedicate the right-of-way of Fox Fire Lane to the City of
Grapevine. With Southlake Park Development Corporation funds (SPDC), the
City purchased 4.5 acres of property in the northwest comer of the City. This
purchase included property on the southeast comer of Fox Fire Lane and
Lonesome Dove Avenue, in the City of Grapevine. Fox Fire Lane is the first
street north of Dove Road and is a gravel street in Grapevine. The property that
Southlake purchased includes the entire width of Fox Fire Lane. The City of
Grapevine is requesting that the City of Southlake dedicate the right-of-way to
Grapevine as they are preparing to pave the street. As this road has existed for
many years, Grapevine could declare a "prescriptive easement" right-of-use, and
since Grapevine is planning to pave the road, staff did not approach Grapevine
with the idea of purchasing the easement.
Regular City Council Meeting Minutes of February 2, 1999 Page 6 of 26
5-F
Award of contract to Systems Integration, Inc., for the installation of a pump,
motor, and electrical switchgear for modifications to the Southlake/Keller Pump
Station. Upon completion of the required water distribution appurtenances and
approval of the Fort Worth water contract and other interlocal agreements, the
pump station where these improvements are proposed, will be maintained by the
City of Fort Worth as part of the Northeast Tarrant County Regional Water
System (NETCRWS). In the CIP budget, $300,000 was added to the FY 98-99
budget year for the Southlake Pump Station modifications. The cost of the
equipment, which includes the pump, motor, and electrical switchgear, totals
$76,100. The low bid for the installation was from Systems Integration, Inc. of
Arlington, Texas, for the amount of $194,670. The engineering cost for these
improvements is $6,500. Therefore, the total project cost for the pump station
improvements is $277,270. The timing of the project is important to ensure that
adequate pumping capacity to the City will be in place for the summer of 1999.
Resolution No. 99-03, Calling the General Election for May 1, 1999. It is a
requirement of the Texas Election Code that the election be called before a
candidate can file for a place on the ballot. The first day to file is February 15,
1999. By this resolution, it is the intention of the City Council to officially
establish the election precincts within the City, to designate a polling place for the
election, to appoint the necessary election officers and to establish and set forth
procedures for conducting the election.
Resolution No. 99-05, Establishing a Legislative Agenda for the City of Southlake.
During each even-numbered years, the City Council begins planning for the
upcoming Texas Legislative Session. The Council formally or informally
establishes legislative goals and may even get involved in legislative activities
throughout the session. At its January 19, 999 meeting, the City Council
discussed a variety of issues to pursue with the Texas Legislature. At the top of
the list was the local option election for wine sales, but other issues were
mentioned as well, including issues related to State bidding statutes.
Ordinance No. 734, ist Reading, Approving Rate Schedules for Texas Utilities
Electric Company. The City of Southlake received an application for approval of
a "time of use" rate option for TU Electric Company customers. The program is
intended to allow participating customers to plan and manage their energy usage
to shift their loads from peak to off-peak periods. The City has two options: (1
approve the rate case by ordinance on two readings; 2) deny the rate case,
moving it forward to the Public Utilities Commission; or 3) suspend action on the
rate case, allowing Council more time to study the issues.
Ordinance No. 693, Ist Reading, Amending Ordinance 693, providing revisions to
Appendix Chapter 33 of the Uniform Building Code, Excavation and Grading.
Staff is requesting an amendment to the Uniform Building Code that would
reduce the number of exemptions to a grading permit in order to bring this type of
Regular City Council Meeting Minutes of February 2, 1999 Page 7 of 26
work into compliance with the City's position in caring for our trees and drainage.
By requiring a permit for earthwork contractors, the channels of communication
can be opened early in the construction process, long before the building permits
are issued. A standard excavation and grading application form has been
prepared which includes not requiring an erosion control exhibit. The
information requested on this form will provide staff with needed details to
approve or disapprove the earthwork be performed.
Agenda Item #6, Public Forum
No comments were received during the public forum.
Agenda Item #7-A, Ordinance No. 480-297, 2no Reading ZA 98-156, Rezoning and
Site Plan for Tom Thumb Center
Ordinance No. 480-297, 2na 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. Current zoning is
"CS" Commtmity Service District and "S-P-2" Generalized Site Plan District with "C-3"
General Commercial District uses excluding some of the uses in the Zoning Ordinance.
Applicant: Bury & Pittman-DFW, Inc. Owner: EPIPD-Southlake No. 1, L.P.
Karen Gandy, Zoning Administrator, stated regarding the January 12, 1999 letter, "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), tavems, 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.
Ms. Gandy stated one (1) response was received from within the 200' notification area;
one hundred fifty-five (155) responses were received outside the 200' notification area;
seven (7) responses, without addresses were received; eleven (11) form letters to "Save
the Tom Thumb" were received on January 19, 1999, in favor; a petition with four
hundred ninety four (494) signatures was received on January 15, 1999, in favor; two (2)
petitions, with three hundred sixty-eight (368) signatures were received on January 19,
Regular City Council Meeting Minutes of February 2, 1999 Page 8 of 26
1999, in favor. Additional information regarding the specific name, are in the file for
ZA 98-156.
David McMahan, 1335 Hidden Glen, $outhlake. Mr. McMahan stated he is present to
represent of the owners in the zoning request, requesting approval as approved in the first
reading of the ordinance. He reviewed the items in the summary review letter with the
City Council. McMahan referred to the letter dated February 2, 1999, Item #3, where it
talks about requiring additional cedars. He stated he understood that they were to work
with staff because they do not know for sure that there is room for any additional cedars
in the area. If there is room, they will put them in, if there is not, they won't put in
additional cedars. On Item #7-A, regarding the exterior materials, it was a miss labeling,
and they are putting in stucco finish as discussed. He noted they are willing to comply
with the other comments in the review letter. When asked by Councilmember
Edmondson, he replied that the "color' renderings are the ones being voted upon by
Council.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 98-156, pursuant to the Revised Plan Review Summary
No. 3 dated 2/2/99; subject to the previous motion ["subject to Review Summary No. 2,
dated January 15, 1999, granting the following exceptions, on Items:
· #la and #lb, allowing bufferyards as shown with a commitment that any of the
required plants that cannot be placed on site be allowed to be planted on the park to
the north of the property to facilitate additional screening of the site;
· #1el, allowing the existing parking spaces in the required 20' bufferyard along FM
1709 as shown; lc2, allowing existing fire lane along west line of Lot 2R1 to
encroach into the required 5' Bufferyard 'A' as shown; and lc3, allowing parking
along the west line of Lot 2R1 to encroach into the required 10' Bufferyard 'B' as
shown;
· #2a, allowing driveway spacings as shown and #2b, allowing stacking depths as
shown;
· #3, as shown with the understanding that the applicant will work with staff regarding
the possibility of additional plantings of cedars be planted in the no disturbance zone
adjacent to back of curb on the driveway in that area in lieu of the required 10'
screening wall;
· #4a, allowing 350 parking spaces instead of the required 514 parking spaces and #4b,
allowing 5 parallel parking spaces next to the park and 8 parking spaces along the
area north of the site and accepting the applicant's commitment that these spaces be
constructed with grasscrete;
· #6, allowing the impervious coverage, compact car parking along the common
property line with the Texaco station and additional parking islands in accordance
with the revised parking and landscape plan;
· #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
articulations noted as "No"; front-facing south - will meet the horizontal a~iculations;
left-facing west - granting relief as shown on the two horizontal articulations; right-
Regular City Council Meeting Minutes of February 2, 1999 Page 9 of 26
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 will meet
with City staff to resolve additional drive lane issues on 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; and
maintain landscaping in perpetuity"]; and on Item #7a, allowing "applied" stucco, not
painted tilt wall; in regard to Item #7b, requiring that domed-style canopies and
reveals (like those proposed on the west side of the Retail Building) be placed on the
Tom Thumb Building at its northeast comer, North of the Eckerd's Building;
addressing the extension of a full right turn lane at the time of Developer Agreement;
changing the width of the fire lane in front of the retail building to 30' (rather than
35', as shown); and working with the property owner to the South (Texaco service
station) to eliminate the southernmost drive on N. White Chapel Blvd. and buildings
shall be constructed per the articulation shown on renderings presented during the
meeting.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #7-B, ZA 98-135, Plat Revision for Proposed Lots 2R1, 2R2, and 4R,
L.B.G. Hall No. 686 Addition.
ZA 98-135, Plat Revision for proposed Lots 2R1, 2R2, and 4R, L.B.G. Hall No. 686
Addition, being a revision of Lots 2,3, 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, Tan'ant County, Texas, a 1.174 acre portion of Tract 1C2
situated in the L.B.G. Hall Survey, Abstract No. 686, and being approximately 10.127
total acres. Current zoning is "CS" Community Service District and "S-P-2" Generalized
Site Plan District, with "C-3" General Commercial District uses excluding certain uses.
Applicant: Bury & Pittman-DFW, Inc. Owners: EPIPD-Cmssroads Square, L.P. and
the City of Southlake.
Karen Gandy, Zoning Administrator, stated, the purpose of the Plat Revision is to
incorporate an existing pad site, a part of Lot 4, and an unplatted tract along the north
boundary into the existing Lot 2. In addition, this action subdivides the existing
pan_handle portion of Lot 2 into a separate lot to allow transfer of this new lot to the City
Regular City Council Meeting Minutes of February 2, 1999 Page 10 of 26
of Southlake. The applicant has met all requirements in Plat Review Summary No. 1,
dated November 13, 1998, with the exception of those in the Plat Review Summary No.
2, dated January 29, 1999.
Motion was made to approve ZA 98-135, Plat Revision, pursuant to the Plat Review
Summary No. 2, dated January 29, 1999, and per the Planning and Zoning Commisson's
motion ("subject to Plat Review Summary No. 1, dated November 13, 1998, deleting
Items g8f, 5' utility easement along north line of Lot 2R1; g8g, 5' utililty easment along
south line of Lot 2R2; and gl 1.b, additional R.O.W.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item g7-c, ZA 98-159, Site Plan for Gateway Plaza
ZA 98-159, Site Plan for Gateway Plaza, on property legally described as Lots 1 through
14, Block E; Lots 20 through 22, Block E; Lot 31 and a portion of Lot 32, Block E;
Lots 1 through 6, Block D; a public alley and the following dedicated public rights-of-
way; Austin Place, Oak Knoll Drive, and Gatewood Lane, all being a part of Oak Knolls
Lakeview Addition, an addition to the City of Southlake, Tarrant Cotmty, Texas,
according to the plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County,
Texas; Lots 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-183,
Page 40 Plat Records, Tarrant County, Texas; Lots lA, lB, 2, 3A, 3B, 3B1, 4, 5A, and
5B, Block A, and a public alley, all being a part of Oak Knoll Business Park, an addition
to the City of Southlake; Tract 6B, W.E. Mayfield's Subdivision, according to the plat
recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and Tracts 3,
3B, 3C, 3E, 8, and 8B, situated in the Thomas Easter Survey, Abstract No. 474,
excluding the proposed Lots 4 and 5, Block B, and being approximately 39.5212 acres.
Current zoning is "S-P-2" Generalized Site Plan District with limited "C-3" General
Commercial District uses, excluding some uses. Applicant: Lincoln Property Company.
Owners: Southlake Properties, Inc., Shirley A. McCarty; John Michael Tate; Victor L.
Leighton; Carlos E. Dorris; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; Mary
Louise Albano; Peter and Kristine Johnson; Ergene and Frances A. Bump; Mary
Hutchinson; Charles Wood; Dennis Carpenter; and Kevin Lawrence Marks.
Karen Gandy, Zoning Administrator, stated that thirty-three (33) notices were sent to
property owners within the 200' notification area and four (4) responses were received
from within the 200' notification area: Peter L. Johnson, 2721 Oak Knoll Drive,
Southlake, in favor; Mary Louise Albano, 2702 Oak Knoll, Southlake, in favor; Cindy
Jane Suski, Route gl, Box 49B, Saint Joe, Texas, in favor.
Regular City Council Meeting Minutes of February 2, 1999 Page 11 of 26
Terry Wilkinson, 751 East Southlake Boulevard, Southlake. Mr. Wilkinson stated he is
the applicant and reviewed the comments in the Site Plan Review Summary dated
January 29, 1999 with the City Council.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve ZA 98-159, pursuant to the Site Plan Review Summary
No. 2, dated 1/29/99, allowing the changes reflected on this revised submittal [the
number of pad sites in Block 2 increased from 3 to 4; the number of proposed buildings
in Block 2 decreased from 5 to 4; and the mount of square footage in the buildings of
Block 2 increased by 4,000 square feet]; deleting Item #2al to allow the driveway
spacing at the SEC as shown; deleting Item 3b, not requiring the southbound right-tm
lane and necessary R.O.W. dedication at Gateway Drive at F.M. 1709 to allow 2 lanes in
each direction; deleting Item #5a, allowing articulation as shown and allowing stone in
lieu of brick on the North, East, and South "bump outs" on the major anchor store
(Building #8); deleting Item #5d, to allow tilt wall construction as shown and to allow
"textured" paint; deleting Item 5f, granting flexibility to allow minor modifications due to
tenant finish out; deleting Item gl0, requiring dumpster screening along the perimeter,
but allowing no screening for those dumpsters located within the service corridor;
deleting Item #12 to allow outdoor dining; and cart corrals not a penalty to required
parking.
Motion: Martin
Second: Moffat
Ayes: Martin, Moffat, Edmondson, Evans, Kendall, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item # 7-D, ZA 98-160, Preliminary Plat for Gateway Plaza
ZA 98-160, Preliminary Plat for Gateway Plaza, on property legally described as noted in
agenda Item #7-C. Applicant: Lincoln Property Company. Owners: Southlake
Properties, Inc; Shirley A. McCarty; John Michael Tate; Victor L. Leighton; Carlos E.
Dorris; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; Mary Louise Albano; Peter
and Kristine Johnson; Eugene and Frances A. Bump; Mary Hutchinson; Charles Wood;
Dennis Carpenter; and Kevin Lawrence Marks.
Karen Gandy, Zoning Administrator, stated thirty-three (33) notices were sent to property
owners within the 200' the notification area. Five (5) responses have been received from:
Thomas C. Reilley, 120 Austin Place, Southlake, in favor; Peter L. Johnson, 2721 Oak
Knoll Drive, Southlake, in favor; Cindy Jane Suski, Route #1, Box 49B, Saint Jo, in
favor; Catherine A. Jurgensen, 4138 Willow Grove Road, Dallas, no opinion given, "I
no longer own property in Southlake, drop me l~om the list."; John Michael Tate, 3101
E. Northwest Parkway, Suite A, Southlake, undecided.
Regular City Council Meeting Minutes of February 2, 1999 Page 12 of 26
Terry Wilkinson, 751 East Southlake Boulevard, Southlake. Mr. Wilkinson reviewed the
Plat Review Summary No. 2, with the Council. He stated they plan to have all
underground utilities in the development.
Robert Doizer, Lincoln Property Company. Mr. Doizer responded to questions from
Council.
Greg Last, Director of Community Development, stated regarding the access
easement," Where there are common driveways between lots, we would want a
common access easement to the public right-of-way. As it pertains to internal
drives for multiple tenants, we are not that concerned." Last stated, "We don't
have any concern about any of the internal drives. If anything should change in
the future, those are not filed easements with the City."
PUBLIC COMMENTS:
Dr. Michael Tate, 914 San Saba, Southlake. Dr. Tate stated the south perimeter of the
parking area will be affected on his building. He stated he will need a curb cut. It will
take thirteen (13) parking spaces from him. Dr. Tate stated his building was built to code
in 1985, by replatting, it will make him vulnerable to the City codes. He stated they had
twenty-seven (27) parking spaces and now they have maybe fifteen (15) spaces. He
noted they also need a place of a dumpster. Dr. Tate said to comply with the code, they
need twenty-seven or twenty-eight parking spaces. Terry Wilkinson is helping him with
temporary parking while the development is under construction. Dr. Tate stated he wants
the City Council to be aware of what his building is being impacted by.
Motion was made to approve ZA 98-160, pursuant to Plat Review Summary #2 dated
1/29/99, deleting Item #2c to allow 2 lanes in each direction at Gateway Drive and F.M.
1709; deleting Item #2d (TxDOT requires R.O.W. at Gateway Drive and S.H. 114 for
comer clips); deleting Item #7b, CAE not required internally, but required to gain access
to public R.O.W. and on Item #7c, relocate west U.E. under pavement as needed, but out
of landscape area; and acknowledging Dr. Tate's dilemma as a result of this platting.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #7-E, Request for Conditional Sign Permit for Gateway Plaza
Mr. Jack O'Brien of O'Brien and Associates, architect for Gateway Plaza, has applied for
a conditional sign permit in order to establish special sign criteria for that development.
The sign criteria booklet is intended to provide the roles they wish to request and a
comparison to the sign ordinance standards. It was noted by Mr. Wilkinson that
Regular City Council Meeting Minutes of February 2, 1999 Page 13 of 26
Ordinance No. 704-B, Sign Ordinance, Section 6 permits Council to grant conditional
sign permits.
Terry Wilkinson explained the request for the conditional sign permit stated they are
asking for 60" letters instead of 45" letters.
Mayor Stacy stated for the record that Councilmember Gary Fawks would be opposed to
this request.
Motion was made to table this request to a later time in the meeting.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 6-0 vote to table until later in the meeting.
Agenda Item #7-K, ZA 98-145, Site Plan for Dardan Square
ZA 98-145, Site Plan for Dardan Square, on property legally described as a portion of
Tract 2, situated in the Hiram Granberry Survey, Abstract No. 581, and being
approximately 0.705 acres. Current zoning is "C-2" Local Retail Commercial District.
Applicant: Dana Bailey. Owner: Conner Lam.
Zoning Administrator Karen Gandy stated eleven (11) notices were sent to property
owners within the 200' notification area and two (2) responses have been received from:
Larry and Robbie Sue Mudd, 104 Clear Lake Court, Southlake in favor; Mary
Dominquez, 209 Lake Crest Drive, Southlake, undecided. Eight (8) responses were
received from outside the 200' notification area: Phil and Lucie Mires, 615 Dominion
Drive, $outhlake, in favor; Marl Ray, 702 Ashleigh Lane, Southlake, in favor; Deni
Carruth, 7649 Bridlewood Court, North Richland Hills, in favor; Alice Robertson, 7845
Skylake Drive, Fort Worth, in favor; Lynn M. Fleming-Fabiano, 712 Shorecrest Drive,
Southlake, in favor; Sandra Courson, 304 Sheffield Drive, Southlake, in favor; Carine A.
White, P.O. Box 551, Southlake, in favor; Brad and Brenda Roney, 2106 Wessex Court,
Southlake, in favor. A petition with two hundred fifty-nine (259) signatures in favor was
received on January 28, 1999.
Ms. Gandy stated on January 14, 1999, the Planning and Zoning Commission approved
ZA 98-145 (4-1 vote) subject to the Site Plan Review Summary No. 2 dated January 11,
1999, deleting Item #la (driveway spacing); and #lb (stacking depth); granting the
reduction in the number of parking spaces from 33 to 30; deleting Item #3a (bufferyard
along property line of Lots 7 & 8); eliminating the right-in/right-out driveway and
making it a full service driveway with a hammerhead at the end of the driveway; and
accepting the applicant's commitment to extend the fence on the south property line
along the entirety of Lots 7 & 8. The applicant has met all requirements in the Site Plan
Review Summary 1, dated December 11, 1998, the Site Plan Review Summary No. 2,
Regular City Council Meeting Minutes of February 2, 1999 Page 14 of 26
dated January 11, 1999, with the exception of those in the attached Site Plan Review
Summary No. 3, dated January 29, 1999.
Councilmember Scott Martin asked if the two lots have been platted. Martin stated he
has spoken to members of staff regarding traffic impact not only on this development but
on additional developments that have been approved in the last few years that have yet to
come on line. He expressed his concerns at the hearing on the preliminary plat,
expressing his concerns for safety issues. After listening to the P&Z hearings and their
concerns and reading multiple letters and petitions from citizens, Martin believes nothing
he has heard or seen has addressed his concern for safety. He stated, "This is a very
difficult situation that we have found ourselves in, trying to handle this kind of volume of
traffic in an inappropriate location." Mr. Martin noted the development of the Tom
Thumb Center to the east, the Eckerd's Drug Store, the still expanding Timarron
Shopping Center at Byron Nelson Parkway, the yet to be opened 130 acre development
of Town Square and the yet to be built Gateway Plaza with 40 acres of retail, plus the
expansion of Georgetown Park and its retail. He stated he thinks we are adding many
tens of hundred thousands of cars on this street. He stated he thinks we need to be very
careful in doing our due-diligence in regard to our requirement to protect the health,
safety, and welfare of the citizens.
Dana Bailey, 449 Saddle Ridge, Southlake. Ms. Bailey introduced Kosse Maykus as the
builder for the dance studio.
Kosse Maykus, 700 Southlake Boulevard, Suite 190, Southlake. Mr. Maykus stated Ms.
Bailey is the owner of the property and not Conner Lam. He stated they have reviewed
the Site Plan Review Summary dated January 29, 1999, and he addressed the comments
for Council. The driveway, ingress-egress, and parking issues were addressed.
Councilmember Wayne Moffat asked if they are happy with the Planning and Zoning
Commission recommendations. Mr. Maykus stated they are, even though they received a
4-1 recommendation.
PUBLIC HEARING:
Mary Dominquez, Lake Crest Subdivision, SPIN Representative #14. In her letter Ms.
Dominquez stated her primary concerns are: stacking depth, customers making a U-turn
using Lake Crest's entrance, and future development of Lot 7.
The following citizens were present and expressed their support of this case, however,
they did not wish to speak into the record:
Becky Summey, 720 Overland Trail, Southlake.
Edie Henson, 1262 Oakhill, Southlake
Mary Robertson, 2122 Ridgewood Circle, Southlake.
Kathy Stephens, 1721 Redwing Drive, Southlake.
Michele Turner, 1719 Redwing Drive, Southlake.
Regular City Council Meeting Minutes of February 2, 1999 Page 15 of 26
Lora Folger, 1617 Village Trail, Southlake.
Francis Cooper, 7532 Woodhaven Drive, Southlake.
Beverly Thomas, 902 Packview Lane, Southlake.
Karen M. Wilty, 1402 Dartmouth Drive, Southlake.
Teresa Nance, 1540 Lost Lake, Keller.
Kerri Bates, 1516 Brentwood, Keller.
Zola Mesker, 2925 Cripple Creek, Grapevine.
Ann Pertzborn, 903 Chimney Hill Trail, Southlake.
Bob Schouten, 1433 Dartmouth Drive, Southlake.
Leslie Chadwick, 2411 South 1-35 East, Fort Worth.
Shay West, 1916 Kingswood Court, Southlake.
Piper Horton, 104 East Chapel Downs Drive, Southlake.
Tina Meisner, 1418 Stone Lakes Drive, Southlake.
Daphne Shipowitz, 1300 Lakeway Drive, Southlake.
Mr. Maykus said he feels they have addressed Mary Dominquez's first concerns by
increasing the stacking depth and widening the entrance to the front parking lot.
Regarding her second concern, he said people could make a U-turn using Lake Crest's
entrance no matter what develops on this property although he believes it will be
alleviated once the light goes in at Shady Oaks Drive and F.M. 1709. Regarding placing
one building with two driveways, he said the applicant originally wanted to do that, but it
was hard enough getting one curb cut, much less two.
Ms. Dominquez stated she is trying to represent her neighborhood, stating the driveway
needs to be as far east of the entrance to Lake Crest as possible.
Councilmember Debra Edmondson asked, "What about a right-in only, and then having a
full access driveway moved as far east on the property as possible."
Mayor Stacy stated, "We should approve this request with the understanding that if the
developers have a different driveway plan that is better, they need to bring the plan back
to the Council before the driveway is completed."
Kosse Maykus stated he would have a revised plan at the first of the week, and will
coordinate a meeting with the residents before bringing it to the Council.
Councilmember Edmondson assured Mary Dominquez that if she does not like their
revised plan to not feel pressured. Council can approve the plan tonight that the
neighborhood has seen and if that is where they want it to end, then it will end.
Motion was made to approve ZA 98-145, pursuant to Plan Review Summary No. 3
dated 1/29/99, and per P&Z motion ["deleting Items #la (driveway spacing) and
# 1 b(stacking depth); modifying Item #2, granting the reduction in the number of parking
spaces from 33 to 30; deleting Item #3a (bufferyard along property line of Lots 7 and 8);
eliminating the right-in/right-out driveway and making it a full service driveway with a
hammerhead at the end of the driveway; and accepting the applicant's commitment to
Regular City Council Meeting Minutes of February 2, 1999 Page 16 of 26
extend the fence on the south property line along the entirety of Lots 7 and 8"]; clarifying
that the fence will be constructed with the first building and adding that all lighting shall
be 36" or less, bollard-type lighting; keeping the Public Hearing open; and allowing the
applicant to come back to the Council at its next meeting if they feel that two (2) drives
would benefit their traffic flow and can be accommodated in their site design.
Motion: Kendall
Second: Moffat
Councilmember Scott Martin stated he cannot support this site plan approval
because of the safety issues as noted.
Ayes: Kendall, Moffat, Edmondson, Evans, Stacy
Nays: Martin
Approved: 5-1 vote
Agenda Item #7-E, Conditional Sign Permit for Gateway
Developer/Continued
Plaza
Terry Wilkinson stated the purpose of this package is to request a conditional sign permit
for the 42 acre Gateway Plaza development. These guidelines will regulate attached
signage, monument signs, and entry feature signs for the entire development. He noted
they have developed a comprehensive and consistent standard for tenant identification
using the following categories: A- Small Retail (under 20,000 sO; B-Small Anchor (over
20,000 so and; C-Large Anchor (over 70,000 sf).
Councilmember Kendall asked Mr. Wilkinson for examples of various signs in the
general area. Wilkinson gave the examples.
Councilmember Scott Martin asked for the record, "If we approve this conditional sign
permit as requested this evening, will we then free ourselves from the multiple variance
requests by individual retailers or occupiers who do not want to comply with your
ordinance but will want all the other kinds of signs that they can think of, or are we just
approving this for now and will hear from every retailer?" Wilkinson stated this is less
than what they asked for originally, but they feel they can comply with this request.
There may be a few tenants that have long names. They think they can live with this.
Wilkinson stated they need to have the basis of what can be allowed.
Motion was made to approve the conditional sign permit for Gateway Plaza, with the
following stipulations: the signage guidelines for small retail shall be 42" in height with a
factor of 0.75 times the width of the building or lease space, but not limited to less than
45 sf.; for small anchor signs, the maximum sign letters will be 42" in height. The sign
area will be a factor of 0.75 times the width of the building or lease space, allowing a
variance with 48" for one tenant; accepting the applicant's request for two 60" signs and
one 48" sign with the factor of 0.65 times the width of the building or lease space;
accepting the applicant's agreement to lower the entry feature height by 10" along entry
Regular City Council Meeting Minutes of February 2, 1999 Page 17 of 26
portals along F.M. 1709; acknowledging the applicant's agreement to landscape the base
of the entry features and to include seasonal color.
Motion: Martin
Second: Moffat
Ayes: Martin, Moffat, Edmondson, Kendall, Evans, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #7-F, Ordinance No. 480-298, 2nd Reading (ZA 98-136), Davis
Boulevard Center Rezoning and Site Plan
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. Current zoning is "AG" Agricultural District, with a requested zoning of "C-2"
Local Retail Commercial District. Applicant: Segal Enterprises. Owner: Ron Woods.
Zoning Administrator Karen Gandy stated six (6) notices were sent to property owners
within the 200' notification area and one (1) response was received from: Ronnie Woods,
734 CR 2585, Alvord, Texas, in favor. Ms. Gandy stated Council approved the first
reading on January 19, 1999 (7-0 vote), subject to the Site Plan Review Summary No 3,
dated January 15, 1999, deleting Items #la, and #lb, to allow the driveway spacing and
50' stacking as shown; amending Item #2b to allow the relocation of the 5' bufferyards
on Lots 4 and 5 to the outer edge of the Common Access Easement for the length shown
on the plan; and on Item #3 allowing the mansard roof design as shown.
Lindy Balough, 1727 Price Street, Keller. Ms. Balough stated they are requesting the
same variances that were approved at the first reading. He stated they have found a way
to comply with the impervious coverage.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 98-136, pursuant to Site Plan Review Summary No. 4,
dated January 29, 1999, and subject to previous motion ["subject to Site Plan Review
Summary No. 3, dated January 15, 1999, deleting Items #la and #lb to allow the
driveway spacings and 50' stacking as shown; amending Item #2b to allow the relocation
of the 5' bufferyards on Lots 4 and 5 to the outer edge of the Common Access Easement
for the length shown on the plan; and on Item #3 allowing the mansard roof design as
shown"].
Motion: Martin
Second: Kendall
Ayes: Martin, Kendall, Edmondson, Evans, Stacy
Nays: None
Councilmember Moffat was out of the room and did not vote.
Approved: 5-0 vote
Regular City Council Meeting Minutes of February 2, 1999 Page 18 of 26
Agenda Item # 7-G, Ordinance No. 480-299, 2nd Reading (ZA 98-137), Rezoning and
Site Plan for Davis Boulevard Center
Ordinance No. 480-299, 2nd 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.
Current zoning is "AG" Agricultural District with a requested zoning of "C-3" General
Commercial District. Amended requested zoning: "S-P-l" Detailed Site Plan
District with "C-2" Local Retail Commercial District uses." Applicant: Segal
Enterprises. Owner: Ron Woods.
The Zoning Administrator did not make a presentation during this meeting, however, six
(6) notices were sent to property owners within the 200' notification area and one (1)
response was received from: Ronnie Woods, 734 CR 2585, Alvord, Texas, in favor.
Lindy Balough, stated they can comply with "C-2" Zoning and he stated he can make it
work with Impervious Coverage.
PUBLIC HEARING: No comments were made during the public heating.
Motion was made to approve ZA 98-137, pursuant to Site Plan Review Summary No. 4,
dated January 29, 1999, and subject to previous motion ["subject to Review Summary
No. 3, dated January 15, 1999, deleting Items #la and #lb to allow the driveway spacings
and 50' stacking as shown; amending Item #2b to allow the relocation of the 5'
bufferyards on Lots 4 & 5 to the outer edge of the Common Access Easement for the
length shown on the plan and limiting the underlying zoning (and uses) to "C~2, Local
Retail Commercial District" and requiring that the applicant meet the 70% impervious
coverage required by that district"] and granting a variance to allow up to, but not
exceeding, a 10% variance on the number of required parking spaces and acknowledging
the applicant's commitment to meet the impervious coverage requirement of 70% for C-2
properties, and to ensure that no development will occur adjacent to and around the
portal site to the edge of pavement as shown on plan.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Edmondson, Kendall, Stacy
Nays: None
Approved: 5-0 vote
Councilmember Moffat was out of the room and did not vote
Agenda Item #7-H, Ordinance No. 480-300, 2nd Reading (ZA 98-155)
Ordinance No. 480-300, 2na 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
Regular City Council Meeting Minutes of February 2, 1999 Page 19 of 26
feet. Current zoning is "AG" Agricultural District with a requested zoning of "CS"
Community Service District. Applicant: City of Southlake. Owner: Ron Woods.
Zoning Administrator, Karen Gandy, stated four (4) notices were sent to property owners
within the 200' notification area and no responses were received. Ms. Gandy noted a
Concept Plan is required when processing a change of zoning to the "CS" Community
Service District. The intended use of this property is a City entry portal feature. The
design of the portal feature has not been finalized and will be determined by an ad hoc
committee and the City Council. Due to the limited scope of development of this site the
City Zoning Administrator has waived the requirement for the Concept Plan.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-300, 2nd reading.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 6-0 vote
Mayor Stacy was ill and left the meeting at this time. Mayor Pro Tem
Ralph Evans chaired the remainder of the meeting.
Agenda Item #7-I, ZA 98-143, Concept Plan for Dry Clean Super Center
ZA 98-143, Concept Plan for Dry Clean Super Center, on property legally described as
Lot 5, Thomas Easter No. 474 Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 4123, Plat Records,
Tarrant County, Texas, and being approximately 2.670 acres. Current zoning is "S-P-2"
Generalized Site Plan District with "C-2" Local Retail Commercial District uses and
limited to "I-1" Light Industrial District uses. Applicant: Kwik Industries, Inc. Owner:
Southlake Properties, Inc.
Karen Gandy, Zoning Administrator, stated eight (8) notices were sent to property
owners within the 200' notification area and no written responses were received. Ms.
Gandy determined that this submittal substantially conformed with the previously
approved concept plan submitted at the time of the "C-2" zoning request. She made the
following findings:
· That only minimal changes occurred in the driveway locations from the original plan;
· That although the original plan showed one building (approximately 27,825 s.f. in
size), the two buildings now shown are generally in the same configuration as the
original building with additional landscape buffers being placed between the two
structures and along the south property line to screen the Shurgard self-storage units
from view along the F.M. 1709 corridor;
Regular City Council Meeting Minutes of February 2, 1999 Page 20 of 26
· That the intensity of the proposed development appeared to be reduced due to the
square footage of the two buildings totaling only 15,641 s.f. (a reduction of 12,184
s.f. from the original plan); and
· That along with the reduction in floor area came a reduction in the required number
of parking spaces, resulting in less impervious coverage for the site.
Ray Ellis, president of Kwik Industries. Mr. Ellis was present to answer questions of
Council.
Councilmember Debra Edmondson asked about the plans for the proposed Lot 5R2.
Max Kruggler, 708 Nettleton Drive, Southlake. Mr. Kruggler was present representing
the owner and applicant. He stated the previous concept plan that was approved in
concurrence with the "C-2" zoning was that the building that was proposed would
provide an adequate visual screening of the property immediately south which is
Shurguard Storage Center. He provided photographs of the view from F.M. 1709 and
explained each photograph. To answer Ms. Edmondson's question, he stated he cannot
say what will be built on Lot 5R2. They have no plans to further subdivide the other lot.
It was confirmed that they will come back as a Site Plan approval before any building
permits are issued.
PUBLIC HEARING: No comments were made during the public hearing.
Councilmember Scott Martin stated he was very concerned about this project the first
time it came before Council, the unknowns were the fear factor. He said, Council
wisely asked them to table the item and what they have come back with is a viable
possible development.
Motion was made to approve ZA 98-143, Concept Plan for Dry Clean Super Center,
pursuant to the Plat Review Summary No. 3, dated January 29, 1999, waiving Items #2a
and #2b to allow driveway spacings as shown and reducing the size of the common
access easement (across the front of the dry cleaners parallel to F.M. 1709) to 26' or per
the Fire Marshal's recommendation.
Motion: Martin
Second: Kendall
Ayes: Martin, Kendall, Moffat, Evans, Edmondson
Nays: None
Approved: 5-0 vote
Agenda Item #7-J, ZA 98-142, Plat Revision for the Proposed Lots 5R1 and 5R2,
Thomas Easter No. 474 Addition
ZA 98-142, Plat Revision for the proposed Lots 5R1 and 5R2, Thomas Easter No. 474
Addition, being a revision of Lot 5, Thomas Easter No. 474 Addition, an addition to the
City of Southlake, Tan'ant County, Texas, according to the plat recorded in Cabinet A,
Regular City Council Meeting Minutes of February 2, 1999 Page 21 of 26
Slide 4123, Plat Records, Tarrant County, Texas, and being approximately 2.670 acres.
Current zoning is "S-P-2" Generalized Site Plan District with "C-2" Local Retail
Commercial District uses and limited to "I-1" Light Industrial District uses. Applicant:
Caddy Property Managerment, Ent., LLC. Owner: Southlake Properties, Inc.
A formal presentation was not made by the Zoning Administrator, however, the record
will reflect that two (2) notices were sent to property owners within the 200' notification
area and no written responses have been received.
Motion was made to approve ZA 98-142, Plat Revision for the proposed Lots 5R1 and
5R2, Thomas Easter No. 474 Addition, pursuant to the Plat Review Summary No. 3,
dated January 29, 1999, reducing the common access easement ranning parallel to F.M.
1709 to 26'; and requiring the applicant to add a note verifying that the validity of the
two shown grading easements and that those are private easements and are not provided
to the City.
Motion: Martin
Second: Moffat
Ayes: Martin, Moffat, Edmondson, Evans, Kendall
Nays: None
Approved: 5-0 vote
Agenda Item #7-L, ZA 98-152, Site Plan for Panorama Place, Phase II
ZA 98-152, Site Plan for Panorama Place, Phase II, on property legally described as a
portion of Tract 5A situated in the W.W. Hall Survey, Abstract No. 695, and being
approximately 0.89 acres. Current zoning is "O-1" Office District. Applicant: Panorama
Properties, Inc. Owner: John Cole.
Karen Gandy, Zoning Administrator, stated fourteen (14) notices were sent to property
owners within the 200' notification area and one (1) written response was received from
John L. Cole, 5001 Spring Valley Road, Ste 1100 West, Dallas. In favor.
Councilmember Scott Martin stated he is concemed that the site plan has gotton this far
since he feels they grossly violated the intent and the spirit of the tree preservation
ordinance by putting too much on one site. He said, it seems to be a serious problem with
the development along here, and he has received nothing but complaints about the fact
that somehow Dallas has moved to Southlake by putting the buildings too close together.
The space between the buildings is dark and there is no sunlight. Southlake is not a
minimum city and he is very concerned.
Will Edgington, owner of Panorama Properties. Mr. Edgington stated he owns the
buildings to the north of the proposed site. He stated he does not know how to respond to
the statements, except that they did not intend to bring Dallas to Southlake. They have
tried to comply with the residential adjacency standards and impervious coverage. They
have tried to create as nice as possible a street scape along Carroll Avenue. They
Regular City Council Meeting Minutes of February 2, 1999 Page 22 of 26
eliminated the parking in the front. They saved a large tree that was there on the first
phase. They have gone over and above on the articulation requirement for the buildings.
Councilmember Debra Edmondson expressed concerns about the buffe~yards, noting
there is a conunent on the plat that stated they are not providing any plantings. Will
Edgington stated it is an over sight on the part of the architect's design.
The applicant stated they are working with the homeowners in SouthView Addition in
regard to the existing fence. They are working on an agreement to repair and maintain
the existing fence and it will be allowed to encroach onto their property. They will
maintain the fence and are happy to comply with whatever the requirements are regarding
the fence.
Councilmember Martin asked the applicant, "How hard would it be to take the drawings
back to the drawing board and show where the trees are, give yourself an opportunity
with a qualified professional consultant to advise you on how you might still maximize
the use and development of your property. We don't know where the trees are, and it is a
requirement of the site plan to show this."
Motion was made to table ZA 98-152, at the request of the applicant, time certain
February 16, 1999, and continue the public hearing.
Motion: Edmondson
Second: Moffat
Ayes: Edmondson, Moffat, Kendall, Martin, Evans
Nays: None
Approved: 5-0 vote
Agenda Item #7-M, ZA 98-165, Site Plan for McDonald's
ZA 98-165, Site Plan for McDonald's on property legally described as Lot 4, Block 1,
Southlake Crossing, Phase II, an addition to the City of Southlake, Tarrant County,
Texas, as recorded in Cabinet A, Slide 1614, Plat Records, Tarrant County, Texas, and
being approximately 1.056 acres. Current zoning is "C-3" General Commercial District.
Owner and Applicant: McDonald's Corporation.
Zoning Administrator Karen Gandy stated in her memorandum dated January 29, 1999,
that six (6) notices were sent to property owners within the 200' notification area and
two (2) responses were received: John R. Drews, Southlake Joint Venture, 580
Commerce Street, Ste. 400, Southlake in favor; and Robert S. Rissing, Albertson's Inc,
7580 Oak Drove Road, Fort Worth, in favor.
Dave Garner, McDonald's Corporation, Irving. Mr. Garner stated they will comply with
all requirements.
PUBLIC HEARING: No comments were made during the public hearing.
Regular City Council Meeting Minutes of February 2, 1999 Page 23 of 26
Motion was made to approve ZA 98-152, pursuant to the Plat Review Summary No. 2,
dated January 29, 1999.
Motion: Martin
Second: Edmondson
Ayes: Martin, Edmondson, Kendall, Moffat, Evans
Nays: None
Approved: 5-0 vote
Agenda Item #7-N, Ordinance No. 733, 2nd Reading, Amending Chapter 18, Article
III, Section 18-80, of the Southlake City Code.
Ordinance No. 733, 2nd 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 zone.
Curtis Hawk, City Manager, stated this item is basically a clean up of the Southlake City
Code to ensure the Code matches the description of the designated school zones. Some of
the school zone block addresses were modified after the publication of a school crossing
zone not yet listed in the code, and a removed school crossing zone was listed twice.
PUBLIC HEARING: No comanents were made during the public heating.
Motion was made to approve Ordinance No. 733, 2nd reading.
Motion: Martin
Second: Edmondson
Ayes: Martin, Edmondson, Kendall, Moffat, Evans
Nays: None
Approved: 5-0 vote
Agenda Item #7-0, Ordinance No. 732, 2na Reading Amending Southake Code of
Ordinances
Ordinance No. 732, 2nd reading, Amending Chapter 11, of the Southlake Code of
Ordinances, with the addition of Section 11-1, prohibiting urinating and defecating in
certain locations.
Curtis Hawk, City Manager, stated this ordinance has been revised to reflect the changes
discussed by Council at first reading, relating to the applicability of the ordinance to
persons 17 years and older only. Approval of this ordinance will greatly assist the City in
prosecuting certain disorderly conduct citations in Municipal Court.
PUBLIC HEARING: No comments were made during the public hearing.
nd
Motion was made to approve the 2 reading of Ordinance No. 732, as presented.
Motion: Martin
Second: Moffat
Regular City Council Meeting Minutes of February 2, 1999 Page 24 of 26
Ayes: Martin, Moffat, Evans, Edmondson, Kendall,
Nays: None
Approved: 5-0 vote
Agenda Item #7-P, Ordinance No. 731, 2nd Reading, "Sexually Oriented Businesses"
Ordinance No. 731, 2nd 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.
Curtis Hawk, City Manager, stated that no changes have been made to this ordinance
since the first reading which the Council approved (7-0) on the consent agenda. This
ordinance is before the Council to revise the Southlake City Code regarding the
regulation of sexually oriented businesses and to amend the Comprehensive Zoning
Ordinance to establish sexually oriented businesses as permitted uses in the "I-1" and "I-
2" Districts. Mr. Hawk reminded Council that there is a sexually oriented businesses
moratorium in place until February 13, 1999.
Councilmembers commended Karen Gandy, Zoning Administrator, for her good work on
this ordinance.
PUBLIC HEARING: No comments were received during the public heating.
Motion was made to approve 2nd reading of Ordinance No. 731, as presented.
Motion: Edmondson
Second: Martin
Ayes: Edmondson, Martin, Evans, Kendall, Moffat
Nays: None
Approved: 5-0 vote
Agenda Item #10-A, Strategies for Extension of Infrastructure and Other
Development Incentives for the SH 114 Corridor
Motion was made to table agenda Item #10-A, strategies for extension of infrastructure
and other development incentives for the SH 114 corridor, time certain, February 16,
1999.
Motion: Edmondson
Second: Martin
Ayes: Edmondson, Martin, Evans, Kendall, Moffat
Nays: None
Approved: 5-0 vote
Agenda Item #12, Adjournment
The meeting was adjourned by Mayor Pro Tem W. Ralph Evans, at 12:15 a.m.
Regular City Council Meeting Minutes of February 2, 1999 Page 25 of 26
ATTEST:
~andra L. LeGrand
City Secretary
\WP-FILESkMINUTES\cc-min-2-2-99.doc/sl
~r Ri'ck Stac~
Regular City Council Meeting Minutes of February 2, 1999 Page 26 of 26