1998-04-07 REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE, SOUTHLAKE
APRIL 7, 1998
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans;
Deputy Mayor Pro Tem David Harris. Members: Scott Martin, Gary Fawks, Pamela Muller,
and Wayne Moffat.
STAFF PRESENT: Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant City
Manager; Lou Ann Heath, Director of Finance; Greg Last, Director of Community Development;
Chris Carpenter, Planner; Stephanie Sarakaifis, Planner; Karen Gandy, Zoning Administrator;
Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Paul Ward, Chief
Building Official; Chuck Ewings, Assistant to the Public Works Director; Billy Campbell,
Director of Public Safety; Kevin Hugman, Community Services Manager; Chuck Bloomberg,
Plans Examiner; Kim Lenoir, Director of Parks and Recreation; Lauren Safranek, Director of
Human Resources; Debra Drayovitch, City Attorney; and, Sandra L. LeGrand, City Secretary
WORK SESSION: The work session began at 5:20 p.m., whereby items on the agenda were
discussed by the City Council and staff. The work session ended at 6:05 p.m.
Agenda Item #1~ Call to order. Invocation.
Mayor Rick Stacy called the Regular City Council meeting to order at 6:10 p.m. Mayor Stacy
welcomed those in attendance for the meeting.
INVOCATION: Mayor Pro Tem W. Ralph Evans.
Agenda Item #2, 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 our
City Attorney regarding pending and contemplated litigation, to deliberate the purchase,
exchange, lease or value of real property, a negotiated contract for a perspective gift or
donation to the City, to deliberate the appointment and evaluation of public oJ~cials, to confer
with one or more employees, to receive information from or to question the employees, and to
deliberate the deployment or specific occasions for implementation of security personnel or
devices.
Council adjourned into executive session at 6:10 p.m.
Council returned to open session at 7:10 p.m.
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 1
Agenda Item #2-B, Action Necessary/Executive Session
Motion was made to authorize the staff to go forward with relocation assistance for
Block 1, West Beach Addition, for an amount not to exceed $20,000 dollars.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
Lot 16,
Agenda Item #3, Approval of the Minutes of the Regular Meeting held on March 17, 1998
Motion was made to approve the Minutes of the Regular City Council Meeting held on March
17, 1998.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item g4-A, Mayor's Report
Mayor Rick Stacy read a proclamation in honor of "International Building Safety Week" which
is April 5 through April 11. Those present to receive the proclamation were: Eddie Wilson, Paul
Ward and Chuck Bloomberg fi.om the Building Inspection Department. Paul Ward, Chief
Building Official stated, "It is an honor to be a part of a City who employees only certified
inspectors, which in turn makes for safer homes in Southlake."
Mayor Stacy stated he has had the honor of talking at a couple of area schools during this past
week. He referenced letters he had received from third graders at Florence Elementary School,
thanking him for attending their classroom.
Other items noted by Mayor Stacy include:
,," April 8, 1998, the SPIN Candidate Form will be held at Johnson Elementary School
beginning at 7:00 p.m. The public is invited to attend.
City offices will be closed on Friday, April 10, 1998 for the Easter Holidays.
Public meetings on information about the special charter amendment election will be held on
Monday, April 13, 1998 at 7:00 p.m. at Johnson Elementary School and Thursday, April 29,
1998 at 7:00 p.m. at the Community Center at Bicentennial Park. Mayor Pro Tem Ralph
Evans and Community Services Manager, Kevin Hugman, will be present to present the
amendments and answer questions fi.om citizens. The public is urged to attend.
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 2
~ Southlake Youth Advisory Commission (SYAC) will present a "mock" City Council meeting
on April 14, from 7:00 p.m. to 8:30 p.m. in the City Council Chambers.
Early Voting for the May 2, 1998 General and Special Elections will begin on April 15, in
the City Secretary's office. Voting will be held each day from 8:00 a.m. to 5:00 p.m.
including Saturday, April 25, 1998. Voting for the CISD will also be held in the same
location.
A Volunteer Recognition Program and ribbon cutting for the new senior center will be held
on April 30, at 6:00 p.m.
May 7, 1998 is National Day of Prayer. A ceremony will be held at noon at Bicentennial
Park whereby area ministers and officials will be present and have planned a program.
Everyone is invited to attend.
'/ A Commercial Developer Roundtable has been planned for May 15, 1998, from 10:00 a.m.
to noon. More information will be announced at a later date.
The City Council June Retreat is tentatively scheduled for June 25 and 26. Times and
location will be announced at a later date.
Mayor Stacy reported on the Sister City potluck dinner, which was held on March 29, with
visitors from Toyoma, Japan as the honored guests. He also reported on the first Business Expo
which was held on April 4, 1998, in the vacant Food Lion building on F.M. 1709. Mayor Stacy
noted he attended the ribbon cutting for the new Chase Bank in Village Center, whereby they
donated $500 to the Senior Activity Center.
Councilmember Scott Martin stated he wants everyone to appreciate how Southlake works to
produce quality commercial development in Southlake. He noted Southlake had two commercial
developments who were recognized award winners in the regional competition sponsored by the
Building Owners and Managers Association of Fort Worth. The Saber Group/IBM and
Georgetown Park were honored with awards.
Agenda Item 04-B, City Manager's Report
Shana Yelverton, Assistant City Manager, referenced the report by Director of Public Safety
Billy Campbell, on the activities of the Texas Motor Speedway NASCAR event held on April 3
and 4, 1998. The report was included in the Council agenda packet. Director Campbell
informed Council and the audience of the change in the key-rate system for fire insurance. He
stated," The published 1986 rate is 6 and we are hopeful for a rate reduction to 4 in the August
rating report."
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 3
Agenda Item g4-C~ SPIN Report
The SPIN Report as made by Milan and Mary Georgia, SPIN #3. Mr. Georgia presented copies
of the minutes of the SPIN meeting held on March 30, 1998. He stated SPIN #3 is in the
northeast quadrant of Southlake, adding, there are 375 households in the SPIN area. He stated
before accepting the position of coordinator for this SPIN area, he was told SPIN #3 was a very
quite area. He stated he wants the record to reflect that this is not so! They have a lot of activity
in that area, having seven liaison SPIN representatives and they are still growing.
Mr. David Whitington, pastor of Christ Our King Church, was present in support of National
Day of Prayer which is May 7, 1998. He noted National Day of Prayer is an action by
Congress and held around the United States on May 7. Southlake pastors and City leaders will
present a program on May 7, at noon under the pavilion at Bicentennial Park. The theme is
"America, Return to God."
Mayor Pro Tern Ralph Evans left the meeting to return at a later time.
Agenda Item #5, Consent Agenda
Mayor Stacy read into the record the items to be considered on the consent agenda, including:
5-A. Award of bid to Casco Industries, Inc., for a cylinder refill system.
Authorize the Mayor to enter into a commercial developer agreement with Four Peaks
Development, Inc., for Lots 4R-l, 4R-2 and 4R-3, Block 6, Southridge Lakes, Phase C-1
Addition, located on the northeast comer of the intersection of North Peytonville Avenue
and West Southlake Boulevard.
5-C. Award of bid to Reynolds Asphalt, Inc. for the construction of a deceleration lane at F.M.
1709 and North Peytonville Avenue.
5-D. Authorize the Mayor to enter into an agreement for mutual aid in coordination of disaster
assistance between the City of Southlake and the City of Fort Worth.
5-E. Authorize the Mayor to enter into a contract for services between City of Southlake and
Texas Sister Cities International.
5-F. Item left intentionally blank.
5-G. Ordinance No. 702, 1st reading, Abandoning a portion of right-of-way at South White
Chapel Boulevard.
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 4
5-H. Authorize the Mayor to enter into an Administrative Services Contract with the Southlake
Crime Control and Prevention District.
Authorize the Mayor to execute a lease agreement with Southwestern Bell Wireless, Inc.,
for the placement of an antenna on the Miron Water Tower.
Award of bid to Clemons Tractor Company for the purchase of a 1998, 42hp diesel
replacement tractor for the Streets/Drainage Division.
5-K. Award of bid to Atlas Utility Supply Company for the purchase of 400 Hydro-Storz
Quick Connect Hydrant Systems and 50 Hydro-Storz Quick Connect Blind Caps.
Motion was made to approve the consent agenda consisting of the following items: #5-A, #5-B,
#5-C, #5;D, #5-E, #5-G, #5-H, modifying the language on page 5H-4, item #5-1, including in the
agreement the commitment on the part of the developer to construct the cabinet of a brick
material with a peak roof; item #5-J, and item #5-K.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Fawks, Moffat, Martin, Stacy
Nays: None
Approved: 6-0 vote
ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS
Award of bid to Casco Industries, Inc. for a cylinder refill system. The Fire Services
budgeted and received approval from Conncil to bid for a compressor system, for
refilling self-contained breathing apparatus bottles used in toxic atmospheres. Low
bidder was Casco Industries at $38,500. Staff recommends the award of bid be given to
Casco Industries.
Commercial Developer Agreement with Four Peaks Development, Inc. for Southridge
Lakes, Phase C-1 Addition, Lots 4R-l, 4R-2, and 4R-3, Block 6. There are no variances
to the standard developer agreement. Council should note the following:
Park Fees: In accordance with Subdivision Ordinance No. 483, Section 7.0, the
Developer will need to pay $6,976 (8.72 X 800 acre) Park Dedication Fees in lieu of
dedicating park land.
Award of bid to Reynolds Asphalt, Inc. for the construction of a deceleration lane at F.M.
1709 and North Peytonville Avenue. As part of the developer agreement with the City,
the developer of Southridge Lakes, Phase C-1 Addition agreed to dedicate ROW and
participate in the cost of a deceleration lane along the north side of F.M. 1709 It will be
located specifically at the intersection of North Peytonville Avenue, fronting Lot 4,
Block 6, Southridge Lakes property. The City will fund the additional portion of the
deceleration lane consisting of 200 feet of frontage adjacent to Lot 6, Block 6, Southridgu
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 5
Lakes Phase C-1 Addition. The proposed lane will be approximately 300 linear feet plus
a transition lane of 100 feet. The developer will fund 100 feet plus the transition lane.
The lane is designed to consist of asphalt pavement, 12 feet wide with a standard curb
and gutter. The low bidder of this project is Reynolds Asphalt, Inc. with a base bid of
$76,217.60. The City's share of this cost totals approximately $44,000. The funding for
this project is available in the 1997-98 CIP budget.
Agreement for Mutual Aid in coordination of Disaster Assistance between the City of
Southlake and the City of Fort Worth.. This agreement will provide a professionally
staffed contact point for acquiring needed resources when a disaster occurs, including
personnel and equipment. A nominal entry fee of $100 is required to be paid to North
Central Texas Council of Governments and held in a special account. This fee is pooled
with other cities as insurance and used to reimburse Fort Worth for actual costs when
any city activates the emergency operations center.
Contract for services with Texas Sister Cities International. On January 6, the City
Council authorized the expenditure of $20,000 as an incentive for Texas Sister Cities
International to locate their statewide headquarters in Southlake. On January 16,
Southlake was selected and has been working with TxSCI to help establish the
organization. In order to clarify the responsibilities of each party and to facilitate the
transfer of funds, a contract for services has been prepared.
5-F. Item left intentionally blank.
Ordinance No. 702, 1st reading, Abandoning a portion of right-of-way on South White
Chapel Boulevard. When this property was platted in September 21, 1982, as Lot 2, Cash
Acres, the surveyor apparently showed the required fight-of-way dedication as being
measured fi.om the edge of pavement, not the center of pavement. As a result, more
right-of-way than required was dedicated. All of the franchise utilities have stated they
have no objection to this abandonment. There are no public utilities located within this
portion of the right-of-way.
Administrative Services Contract with the Southlake Crime Control and Prevention
District. Section 363 of the Local Government Code provides that a Crime Control and
Prevention District may enter into a service agreement with a municipality. A formal
agreement will serve the purpose of defining expectations and clarifying operating
procedures and ensures the Board that its day-to-day business will be managed
appropriately. The following are highlights of the key provisions of the agreement:
The agreement provides that the City of Southlake will provide administrative
support to the District at no cost to the District.
Section II specifies that the Board will transfer funds to the city for the costs of the
SROs and the capital projects as provided for in the approved budget.
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 6
The term of the agreement will be eighteen months, and will renew automatically for
successive one-year terms, unless either party gives 60 days written notice of intent to
terminate.
"Exhibit A" is intended to delineate the operating protocol between staff, the Board,
the Planning and Zoning Commission and the City Council. This matrix was
designed to delineate the relationships and the responsibilities.
5-I.
Lease agreement with Southwestern Bell Wireless, Inc. (SWBW) for the placement of an
antenna on the Miron Water Tower. SWBW agrees to pay an annual rent of $11,040 for
a term of 5 years which may be extended for four additional five-year terms. This
agreement is the City's standard lease agreement for antennas and equipment placed on
City water towers.
Award of bid to Clemons Tractor Company for the pumhase of a 1998 42hp diesel
replacement tractor for the street/drainage division of the City of Southlake. This tractor
will be utilized to maintain right-of-way within the City, replacing a tractor which
received a great deal of wear and tear maintaining bar ditches. While a contractor
maintains much of the ROW, the streets/drainage division is responsible for a large
portion of ROW within the City, including some state ROW. Low bidder for the
Newholland 42hp diesel tractor is Clemons Tractor Company with a bid of $14,011. This
is below the $16,000 provided in the 1997-98 budget for the purchase of a mowing
tractor.
Award of bid to Atlas Utility Company for the purchase of 400 Hydro-Storz Hydrant
Systems and 50 Hydro-Storz Quick Connect Blind Caps. During the preparation of the
FY 97-98 water utilities budget, this expenditure was authorized for a purchase mount of
$58,000. Low bidder for these items is Atlas Utility Supply Company with a bid of
$53,975.
Agenda Item #6, Public Forum
Doug Fierce, 2419 Greenbough, Southlake. Mr. Fieme stated he has an on-going problem with
Laidlaw's trash collection, adding, the service continually misses picking up his trash and
recycling bins. Mr. Fierce stated he should not have to call the City Manager's Office to get his
trash picked up.
Councilmember Muller stated she called Mr. Doug Rivers with Laidlaw about Mr.
Fieme's problems and Mr. Rivers stated he feels it is the new drivers, and their not being
familiar with the routes.
Councilmember Harris asked Mr Fierce to make a log and document the missed days for
the record.
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 7
Agenda Item #7-A, Public Hearing: Village Center East Circulation Study
The Village Center East Circulation Study was presented in draft #2 form, by Chris Carpenter,
Senior Comprehensive Planner, who explained the detailed analysis of the varying options, the
summary of conclusions, and a graphic illustration of the proposed alignments. A copy of the
Village Center East Circulation Study dated March 9, 1998, is hereby attached to the minutes of
this meeting.
PUBLIC HEARING:
Roy Lee, 2620 East Southlake Boulevard, Southlake. Mr. Lee stated he is very pleased with the
road coming straight down and not through private property and that he recommends alignment
Motion was made to direct staff to proceed with the study as presented, specifically as it relates
to the north-south road as recommended by the Planning and Zoning Commission including
option "J."
Motion: Harris
Second: Moffat
Ayes: Harris, Moffat, Fawks, Stacy
Nays: Martin, Muller
Approved: 4-2 vote
Agenda Item #7-B, Ordinance No. 480-270, 2nd reading (ZA 97-157)
Ordinance No. 480-270 (advertised as Ordinance No. 480-266), 2nd reading (ZA 97-157),
Rezoning and Concept Plan for Hilltop Country Plaza, on property being legally described as
Tract lA, W.E. Mayfield Subdivision, being a portion of Tract 1, W.E. Mayfield Subdivision,
according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas,
and being approximately 3.021 acres. Current zoning is "C-2" Local Retail Commemial District.
Owner and Applicant: Benchmark Properties.
Karen Gandy, Zoning Administrator, commented that twelve (12) notices were sent to property
owners within the 200' notification area and four (4) responses have been received, including:
G.M. Nettleton, 2611 East Southlake Boulevard, Southlake, in favor; Emily Shanklin, 2627 East
Southlake Boulevard, Southlake, in favor; Wetzel Family Partnership, Ltd., 102 Westlake Drive,
Suite 106, Austin, Texas, in favor; and, Donald Vogel, 2206 Shadow Creek Court, Southlake, in
favor.
Ray Williamson, developer, was present to answer questions of Council.
Mayor Pro Tem W. Ralph Evans returned to the meeting at 8:45 p.m.
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 8
PUBLIC HEARING:
Roy Lee, 2620 East Southlake Boulevard, Southlake. Mr. Lee commented that he is the owner
of the property and this has gone on for three-four months. He stated he would appreciate it if
Council would approve some type of zoning on this property tonight.
Motion was made to approve the second reading of Ordinance No. 480-270 (ZA 97-157), subject
to the Concept Plan Review Summary No. 3 dated April 3, 1998, with the following additional
recommendations: waive items #2a, 2b, and 2c on Concept Plan A; waive item #2c on Concept
Plan B; requiring common access easement along the east property line allowing a full access
drive to F.M. 1709; requiring common access easement, stubbed to the west property line as
shown on Concept Plan A; and, requiring a tree survey at the Site Plan.
Motion: Harris
Second: Martin
Council adjourned for recess at 9:00 p.m.
Council returned to open session at 9:10 p.m.
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Martin, Evans, Fawks, Moffat, Stacy
Nays: Muller
Approved: 6-1 vote
Agenda Item #7-C, Ordinance No. 480-272, 2"d reading (ZA 98-014)
Ordinance No. 480-272, 2"d reading (ZA 98-014), Rezoning and Site Plan for Health Partners
Medical Group Primary Care Center on property legally described as being Tract 2Al situated in
the W.R. Eaves Survey, Abstract No.500 and being approximately 3.737 acres. Current zoning
is "AG" Agricultural District with a requested zoning of "S-P-l" Site Plan District with "O-1"
Office District uses.. Owner: The Cirrus Company. Applicant: Page Southerland Page.
Greg Last, Director of Community Development, presented Ordinance No. 480-272 for second
reading, noting that eight (8) notices were sent to property owners within the 200' notification
area and two (2) responses were received fi'om: Robert S. Rissing (Albertsons, Inc.) 7580 Oak
Grove Road, Fort Worth, in favor of stating, "It is consistent with our project on the adjacent
property;" and John Drews (Venus Partners III), 5440 Harvest Hill Road, Suite 150, Dallas,
undecided, stating, "As adjacent landowners to the north, we are unclear about (1) how extreme
slope at the west side of the site will be handled and (2) how the site will drain storm water."
Bill Hutchison, 1700 Pacific Avenue, Dallas. Mr. Hutchison referenced a letter he received fi.om
Walt McAver, a EIFS synthetic plaster manufacturer's distributor giving additional assurances
regarding the viability of synthetic plaster as a sound and lasting building material and to the fact
that it is indeed a code approved material. He noted that portions of Southlake Town Square are
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 9
being built with the same system as they are proposing for the medical building. Mr. Hutchison
stated he wrote a letter to Mayor Stacy dated April 6, 1998, where he tried to go through and
address each of the issues. He stated in Item glAA, they would like a variance so that they
could move the bufferyard from Davis Boulevard back adjacent to the parking so that they
could get some benefit from it.
Councilmember Scott Martin stated he met with the developers, chairman of the Building
Board of Appeals and staff regarding the synthetic plaster material EIFS and stated his
concerns have been addressed and he feels it is an acceptable material for exterior use in
Southlake. Mayor Stacy suggested we clean up the ordinance adding this product as an
acceptable product in Southlake.
Councilmember David Harris commented on the material and an acceptable inspection
process.
Ernesto Lebrechd, architect for the project, was present to answer questions of Council
regarding lighting and the placement of the dumpsters.
Councilmember Gary Fawk stated he appreciates the work done by the developers on the
dumpster and lighting issues.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve Ordinance No. 480-272, 2nd reading (ZA 98-014), pursuant to the
Site Plan Review Summary No. 3, dated April 3, 1998; allowing a variance to item gl-A, first
sentence, allowing the bufferyard to be relocated adjacent to the parking; allowing the applicant
to work with staff and the landscape administrator on item gl-C, in regard to irrigating around
the native trees and providing erosion control; allowing a variance to item g2, allowing the
driveway as shown on item g3; allowing the parking as shown on the submitted plan; accepting
the horizontal articulation on item #6 as submitted; and, accepting the EIFS as manufactured by
Stowe and that the manufacturer shall certify that the installation is in compliance with the
manufacmre's product specifications.
Motion: Martin
Second: Harris
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 10
Agenda Item #7-D, Ordinance No. 701, 2nd reading, Abandoning a Portion of ROW at Pine
Court
Ron Harper, City Engineer, presented Ordinance No. 701, 2"d reading, noting the ordinance is to
abandon the right-of-way on Pine Court. The three residents involved in this request for
abandonment are doing so because they all possess frontage on existing streets and have no need
for this right-of-way. Pine Court has never been built as a public street. All of the franchise
utilities have stated they have no objection to this abandonment.
PUBLIC HEARING:
Phil Goetz, 225 Pine Drive, Southlake. Mr. Goetz stated his understanding is that Timarron is
interested in the abandonment of this property and that they are the ones that initiated this
abandonment.
Greg Last, Director of Community Development, stated there was additional platted property
east of the eastern most line that Timarron had acquired to develop in their phases. One of the
previous requirements during the platting of Timarron was that they make good on the rema'mder
of the property and their commitment was to provide the survey and documentation for right-of-
way abandonment.
Perry West, 289 South Pine, Southlake. Mr. West stated he has lived there since 1985 and
basically been maintaining the property and would appreciate the consideration on the ROW
abandonment.
Motion was made to approve Ordinance No. 701, 2"d reading.
Motion: Harris
Second: Martin
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Martin, Evans, Muller, Moffat, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #7-E, Resolution No. 98-24 (ZA 98-015), SUP for Outside Storage for
Albertson's Store
Resolution No. 98-24, (ZA 98-015), Specific Use Permit for Outside Storage and Display of
Plants and Garden Supplies, per Zoning Ordinance No. 480, Section 45.1 (29), on property
legally described as being Lot 2R, Block 1, Southlake Crossing, Phase I, an addition to the City
of Southlake, Tarrant County, Texas. Current zoning is "C-3" General Commercial District.
Applicant: Albertsons Store ~4288. Owner: Albertsons, Inc.
It was noted that thirteen (13) notices were sent to property owners within the 200' notification
area and two (2) responses have been received from: Otis Collins, 224 RandolMill.4venue,
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 11
Southlake, in favor; and, Clark Elms (McDonaM's Corporation), 2155 West Southlake
Boulevard, Southlake, Texas, in favor.
Cindy Penzoshi, Store Director of Albertson's, was present and stated they are not doing
anything different than they have in the past, but just realized they need a permit for outside
storage and display of plants and garden supplies.
Councilmember Scott Martin stated he appreciates Albertson's coming forward.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve Resolution No. 98-24 (ZA 98-015) allowing the outside storage
and display of plants and garden supplies in the areas as shown on pages 7E-5 and 7E-6 of the
submittal; and further requiring the applicant to verify with the Fire Department that the egress-
ingress of the building is not improperly restricted by the placement of the outside display.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #7-F, Resolution No. 98-25 (ZA 98-016), SUP for Alcoholic Beverages for
Restaurants of Southlake
Resolution No. 98-25, (ZA 98-016), Specific Use Permit for the Sale of Alcoholic Beverages for
on-premises consumption at Restaurants of Southlake, on property legally described as being Lot
3, Block 60, Timarron Addition, Phase V, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 3675, Plat Records, Tan:ant County,
Texas. Current zoning is "R-PUD" Residential Planned Unit Development District with "C-2"
Local Retail Commemial District uses. Applicants: Djuna and James Case. Owner: Venus
(Drews) Partners, V. L.P.
Location of the Restaurants of Southlake is 621 East Southlake Boulevard, on the southeast
comer of the intersection of Byron Nelson Parkway and East Southlake Boulevard (F.M. 1709).
Five notices were sent to property owners within the 200' notification area and no responses
have been received.
Djuna Case, applicant, was present to answer questions of Council. Ms. Case explained to the
City Council that the Restaurants of Southlake are scheduled to open in 1998 and will consist of
three (3) separate restaurants under one roof: Tuscany (Italian food); Stars (steak) and,
American Seafood Company (fresh seafood). Ms. Case stated they are requesting a SUP for the
sale of alcoholic beverages for on-premises consumption.
PUBLIC HEARING: No comments were made during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 12
Motion was made to approve Resolution No. 98-25 (ZA 98-016) as requested.
Motion: Martin
Second: Hams
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #2-A, Return to 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, 551.076, to seek consultation with our City
Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange,
lease or value 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, or specific occasions for implementation of security personnel or devices.
Council adjourned into executive session at 9:50 p.m.
Council returned to open session at 10:10 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
No action was taken as the result of the executive session.
Agenda Item #7-G, ZA 98-017, Site Plan for Georgetown Park, Phase IV
ZA 98-017, Site Plan for Georgetown Park, Phase IV, on property legally described as Tract 2A2
and portions of Tracts 2A3A and 2A3C, situated in the Thomas Easter Survey, Abstract No. 474,
and being approximately 3.455 acres. Current zoning is "C-2" Local Retail Commercial District.
Owner and Applicant: Realty Captial Corporation.
Greg Last, Director of Community Development, presented the Site Plan for Georgetown Park,
Phase IV, noting eight (8) notices were sent to property owners within the 200' notification area
and one (1) response was received, from: Gary Price (Liberty Bank), 2438 East Southlake
Boulevard, Southlake, in favor.
Tom Waters, Realty Capital Corporation, 920 South Main Street, Grapevine. Mr. Waters was
present to answer questions of Council.
PUBLIC HEARING. No comments were made during the public hearing.
Motion was made to approve ZA 98-017, purusant to the Site Plan Review Summary No. 4 dated
April 3, 1998, accepting the bufferyards as shown with the applicant's agreement to place any
missing material elsewhere on the site in addition to keeping the southwest comer of Lot 3,
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 13
Block 1; accepting the articulation as presented this evening; allowing the four foot sidewalk as
shown on the diagram with regard to possibly moving it away from the street if it is possible for
a civil engineer to do; allowing the applicant to relocate some of his concrete paving in order to
preserve some existing trees.
Motion: Martin
Second: Fawks
Ayes: Martin, Fawks, Muller, Evans, Stacy
Nays: None
Approved: 5-0 vote (Councilmembers Harris and Moffat were out of the room and did not vote)
Agenda Item #7-H, Ordinance No. 699, 2"d reading, Cross-Connection Control Policy
Bob Whitehead, Director of Public Works, led the discussion regarding the second reading of
Ord'mance No. 699, Cross-Connection Control Policy. Mr. Whitehead stated the greatest
concern is cross-connection in an industrial or commercial building; hospitals or medical
facilities; and schools. Title 30 of the Texas Administrative Code states, "no water connection
from any public drinking water supply system shall be made to any establishment where an
actual or potential contamination or system hazard exists without an air gap separation between
the drinking water supply and the source of potential contamination." The proposed ord'mance
requires a Utility Operator from the Water Utilities Division to inspect facilities that pose a
potential health hazard. These inspections are currently done as part of the Water Utility
Division's customer service inspections. The ordinance also requires an annual test of backflow
preventers. The cost of testing the assemblies is approximately $150 per test.
If the City is to conduct annual testing, it is recommended that Council consider potential
funding implications prior to the adoption of the ordinance. To provide this testing,
approximately $5,000 will be needed to hire a contractor in the FY 98-99 budget. This estimate
is based on $150 per test and approximately 33 tests in the first year. State regulations require
that a certified inspector be employed by a backflow assembly installation company to test fire
sprinkler systems.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 699, 2nd reading.
Motion: Harhs
Second: Martin
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 14
Agenda Item #9-A, Resolution No. 98-26, Authorizing Publication of Notice of Intent to
Issue Certificates of Obligation.
Lou Ann Heath, Director of Finance, presented Resolution No. 98-26, a resolution approving and
authorizing publication of notice of intention to issue Certificates of Obligation. Ms. Heath
noted the Council has determined that Certificates of Obligations should be issued for the
purposes of paying contractual obligations to be incurred for (a) the construction of (i)
improvements and extensions to water and sewer facilities, (ii) street improvements, including
the acquisition of land and rights-of-way therefore and drainage incidental thereto and for traffic
signalization, (iii) storm sewer drainage improvements, (b) the purchase of materials, supplies,
equipment and machinery (furniture, computer hardward and software, vehicles, communication
equipment, mowers, etc.) for city facilities and departments, including the city hall, the public
works department, the parks and recreation department and the public safety department and (c)
professional services rendered in relation to such projects and the financing thereof.
Ms. Heath noted the City should receive the money from the Certificates of Obligation in June.
Motion was made to approve Resolution No. 98-26.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #10-3. Sign Variance Request for Bank of Commerce, The Village at
Timarron
Bank of Commerce request for a variance to the sign ordinance was presented by Charles Powell
and Karen Newall of the bank.
Billy Campbell, Director of Public Safety, stated the sign ordinance permits one attached sign
facing East Southlake Boulevard. The ordinance allows a sign on the building up to 112 square
feet. The proposal is to place a 36 ½ square foot sign on each of the two sides of the building.
It should be noted that if the developer had chosen to plat this center as one lot, this sign would
be permitted, however, the comer identified as Building 5 is a separate lot. Permits have already
been issued for the f~ont sign and a small 18 sq.ft, monument sign to be placed along East
Southlake Boulevard.
Councilmember Scott Martin stated the signage is below the requirement of the ordinance and he
cannot see how the City Council can deny this request.
Motion was made to approve the requested variance to the sign ordinance for Bank of
Commerce, located at the Village at Timarron.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Moffat, Harris, Stacy
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 15
Nays: Muller, Fawks
Approved: 5-2 vote
Agenda Item #Il-A, Discussion:
Clarification of Plat Revisions for Lots in Cedar Oaks
Estates
Greg Last, Director of Community Development, presented a request for clarification on the
approval of Plat Revision for Lots 4R7R1-4R7R5, Block 1, Cedar Oaks Estates, being a revision
of Lot 4R7, Block 1, Cedar Oaks Estates, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide No. 545, Plat Records, Tarrant County,
Texas. the property is located in Cedar Oaks Estates, on the north side of Sleepy Hollow
approximately 750' east of the intersection of Sleepy Hollow and Morgan Drive. Owner: Tom
Benner. Applicant: Four Peaks Development, Inc.
Mr. Last stated an issue has arisen with regard to Council's approval of the plat revision of Cedar
Oaks. David McMahan has proposed construction of a driveway which is divided into two
sections for the purpose of saving trees. It is his opinion that this does not conform to the
driveway alignment approved by the Council. It is the opinion of Director Last that there were
commitments that the drive would look significantly like a typical street with the exception that
the width would be 26' wide rather than the required 29' and that there was also an agreement
that there would be no curb and gutter and no bar ditches but these issues are not in question.
Director Last stated it is his opinion that conformance with the Council's direction should be
absolute, given that this is the only plat revision to ever have opposition enough to require the
super-majority vote due to the requested variances. The granting of the variances was approved
based on the drawings submitted and approved at the meeting. The question before Council is
whether or not Council intended to grant Mr. McMahan the flexibility to construct his drive in
order to save trees. If in fact that flexibility was granted, staff would need to evaluate the
appropriate method for reconsideration of the plat.
Steve Kettefing, 1505 Oak Lane, Cedar Oaks Subdivision. Mr. Kcttering stated it is his and his
neighbors desire to have a consistent street pattern rather than save trees in the islands. Mr.
Kettering presented a petition signed by the property owners in Cedar Oaks stating they do
request that if a standard conforming city street is not constructed to access this property, then
any alternative shared access drive shall conform to the existing streets in the subdivision,
meaning a continuous 26' wide road constructed to meet all of the City standards for materials,
thickness, and curvature including either bar ditches or curb and gutter for proper drainage. The
petition is hereby attached to the minutes of this meeting.
Mr. Kettering stated he has concerns regarding issues pertaining to an alternative shared access
drive such as police jurisdiction, location of mail boxes, and trash pick-up.
Lloyd Tompkins, 1720 Sleepy Hollow Drive, Southlake. Mr. Tompkins stated he just wants the
road to look like the remainder of the addition.
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 16
David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he has heard a series of
miss representations here tonight, noting he and Mr. Matthews have designed the addition to be
appealing. Mr. McMahan stated he does not mind if the road is a public road, and he will do
what he agreed to do, which is 4" of base and 4" of asphalt.
Greg Last stated to make it a public street is not an easy fix. It is an issue that will put
some of the lots in a non-conforming status, which may require a change in zoning. It is
an issue that can be resolved, but not one that can be resolved quickly. Last reminded
Council that there is a lot of issues on this.
Mayor Stacy asked the developer and city to make a diligent attempt to make this a City
street because that is what the citizen wants. The Mayor asked Mr. McMahan to provide
all the necessary plans and the City can waive any fees for change.
Mr. McMahan stated he is the one that asked for this clarification to be placed on the agenda. If
it is the Council's wish he will go back with 26' all the way around. He thinks it is wrong and a
poor design. He stated his clock is running and he must go forward at this time. He is asking
Council to pick a plan and he will use either design on the road and move forward. He is willing
to make the road public, but must go forward.
When asked, the City Council agreed they would rather have the trees in the middle of the street,
with design" Exhibit A", with a width of 26" at the circle. A copy of the exhibit is hereby
attached to the minutes of this meeting.
Agenda Item No. 12, Adjournment
The meeting was adjourned by Mayor Rick Stacy at 12:15 a.m.
Sandra L. LeGrand
City Secretary
WP-FILESWIINUTES~nin-cc-4-7-98.doc
REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 7, 1998 PAGE 17
City of Southlake
3uthl& '
March 30, 1998
' layor:
ick Stacy Mr. David McMahan
Mayor Pro Tem: Four Peaks Development, Inc.
W. Ralph Evans P.O. Box 92909
eputy Mayor Pro Tem: Southlake, Texas 76092
David A. Hams
ouncilmembers: Re: Cedar Oaks Estates, Case No. ZA 97 -158, Plat Revision
/ayne Moffat
Pamela A. Muller
Gary Fawks Dear David:
cott F. Martin
You have asked that I write a letter in response to your request for approval of an
City Manager alternative driveway layout as shown on the plan dated March 5, 1998 received b
"urtis E. Hawk y hl
y p by
the city on March 25, 1998 (Exhibit A attached).
°-'stant City Manager.
K. Yelverton
I fmd that this proposed alignment does not conform to the alignment (Exhibit B
Cf Le attached presented by you at the Council meeting andra L. LeGrand attached) P Y Y g of December 16, 1997 which
was the plan the Council based their approval on. Also fmd attached a copy of the
minutes from the meeting.
It is my opinion that Council granted approval of your project and requested
variances based on the plans you presented at the meeting. Should you have a
different opinion and desire to bring the issue before Council, let me know and we
will evaluate the appropriate procedure for the reconsideration of your project.
Sincerely, I /
City of Southlake
411 /
Greg Last dWIF
Community Development Director
cc: Curtis E. Hawk, City Manager
Billy Campbell, Public Safety Director
enc: Exhibit A - Alternative plan dated March 5, 1998
Exhibit B - Plan presented at Council meeting
Minutes from City Council meeting of December 16, 1997
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Ms. Gandy noted a change of the "1-1" Light Industrial District does not require a Concept Plan
Review by staff.
Mr. John Levitt. Levitt Engineers. 726 Commerce, Ste 104, Southlake, was present on behalf of
Cornerstone Business Park, Phase II, who noted the CISD owns 43 acres north of the 67.64 acres.
Mr. Levitt asked to have this item tabled until the ownership issue is finalized.
Councilmember Harris asked staff to renotify Mr. Lowell Morrison
if this case should come back.
PUBLIC COMMENTS:
Lowell Morrison commented, if this property is that of the CISD, it does not need to come back
for zoning. He asked that he be notified if this item should come back to Council.
Motion was made to table ZA 97 -155 at the request of the applicant, time certain January 6, 1998.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawk, Muller, Moffat, Stacy
Nays: None
Approved: 7 -0 vote (to table)
Agenda Item #8 - F, ZA 97 - 156, Preliminary Plat for Cornerstone Business Park. Phase II
ZA 97-156, Preliminary Plat for Cornerstone Business Park, Phase II, being approximately 67.64
acres out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 1 and 3. Current zoning is
"AG" Agricultural District. Owner: John R.McDearman. Applicant: Southlake Cornerstone
Business park, L. P.
Motion was made to table ZA 97 -156, at the request of the applicant, time certain January 6,
1998.
Motion: Martin
Second: Harris
Ayes: Martin, Harris. Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7 -0 vote (to table)
Agenda Item #8-G. ZA 97 -158, Plat Revision for the proposed Lots 4R7R5, Block 1, Cedar
Oaks Estates
ZA 97 - 158, Plat Revision for the proposed Lots 4R7R1 4R7R5, Block 1, Cedar Oaks Estates.
REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 16 OF 18
being a revision of Lot 4R7. Block 1. Cedar Oaks Estates. an addition of the City of Southlake,
Tarrant County Texas, according to the plat recorded in Cabinet A. Slide No. 545, Plat Records,
Tarrant County. Texas. Current zoning is "SF -1A' Single Family Residential District. Owner:
Torn Benner. Applicant: Four Peaks Development. Inc.
Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property
owners within the 200' notification area and two (2) responses have been received from: Lloyd
and Diane Tompkins, 1720 Sleepy Hollow Trail. Southlake, opposed. Mr. Tompkins listed
several reasons for his opposition in a letter attached the minutes of this meeting. Larry and
Cathy Foreman, 1755 Sleepy Hollow Trail, Southlake, opposed, adding, "There is no road access
to the rear lots. The triple adjacent driveways for access is inconsistent with the rest of the
neighborhood." Ms. Gandy noted a petition was received from Larry Foreman, which states
opposition primarily based on lot access to rear lots. There was a total of ten signatures, 5 of
which were within the 200' notification area. Because the applicant has requested a variance to
the requirements of this plat, due to opposition of adjacent property owners within the 200'
notification area in excess of 20%, a super - majority vote of the City Council members present wil 1
be required to approve this request.
David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he represents Four Peaks
Development, and wanted to keep away from curb and gutters, because he wanted to save more
trees. The property has city road frontage with one cut onto Sleepy Hollow. Everybody on the
road will access onto a. private drive. This will not be a gated addition, according to Mr.
McMahan, and the City 6n run the utilities through the private road. He noted, they believe it
is a better design than a design with a cul-de-sac. He asked Council to remove items #7 and #8-
a, from the Revised Plat Review Summary.
PUBLIC CO`LMEN'TS:
Lloyd Tompkins, owner, Lot 3 (next to the proposed property). Mr. Tompkins stated he feels
this is wrong. He also noted, if the new street is as wide and strong as a c ity street, he will have
no problem with the development. He noted Council should require the street be in place before
lots are sold in the addition.
Mr. McMahan stated he will build the street to the City standards with a fire hydrant. The
lots will be deed restricted, the property will have a fence of brick with stone columns and
it is his intention to have sewer to the property. He stated he is not aware of any drainage
problems on the property.
•
Motion was made to approve, ZA 97 -158, Plat Revision, subject to the Revised Plat Review
Summary No. 1. dated December 12, 1997; deleting items #7, n8a, and #9: further providing
that no development take place until a Developer agreement is signed and said agreement is to
REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 17 OF 18
provide for the construction of the private driveway to city standards to a width of 26' street
providing for a 4" base and 4" asphalt street to be built: including the deed restriction that no
access be allowed for off Sleepy Hollow, save and except for the private driveway; and restricting
against gating the private driveway: and that no building permits be issued on any lots until the
Developer Agreement is signed.
Motion: Harris
Second: Martin
Ayes: Harris, Martin. Evans, Fawks, Moffat, Stacy
Nays: None -
Approved: 6 -0 vote (Councilmember Muller is out of the room and did not vote)
Agenda Item #12. Adjournment
The meeting was adjourned by Mayor Rick Stacy at 10:25 p.m.
K -z; z0 &___
Mayor ick Stacy
Att; St' ��� ,�CE, 74-
Sandra L. LeGrand ' o • V_
City Secretary = `n
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D:' WP-FILES MINUTES \CC- 12- 16. MIN ''O44/0 /MI1111100 �
REGULAR CITY COUNCIL MEETING \IINUTES OF DEC. 16, 1997 PAGE 18 OF 18
t - 6 1998 ..
March 28, 1998
OFFICE OF CITY
City of Southlake SECRETARY —
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do request with respect to the development of Lot 4R7 that if a standard
conforming city street is not constructed to access this property, then any alternative
shared access drive shall conform to the existing streets in the subdivision meaning a
continuous 26' wide road constructed to meet all of the City standards for materials,
thickness, and curvature including either bar ditches or curb and gutter for proper
drainage. We also request clarification on related issues pertaining to an alternative shared
access drive such as police jurisdiction, location of mail boxes, and trash pick up. We
regrettably recognize that such construction will result in a loss of trees, but that a
roadway consistent with the existing streets in the neighborhood is deemed by us to be a
higher priority. Thank you for your consideration.
P rinted Name & Signature Address
17,2 c S-c iSt:lif Hoy (ow T2.
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RED APR 061998
March 28, 1998
City of Southlake
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do request with respect to the development of Lot 4R7 that if a standard
conforming city street is not constructed to access this property, then any alternative
shared access drive shall conform to the existing streets in the subdivision meaning a
continuous 26' wide road constructed to meet all of the City standards for materials,
thickness, and curvature including either bar ditches or curb and gutter for proper
drainage. We also request clarification on related issues pertaining to an alternative shared
access drive such as police jurisdiction, location of mail boxes, and trash pick up. We
regrettably recognize that such construction will result in a loss of trees, but that a
roadway consistent with the existing streets in the neighborhood is deemed by us to be a
higher priority. Thank you for your consideration.
Printed Name & Signature Address
. ✓1/ , ,Wee SA1 /T /Soo or¢ k C,v
JIM p LE ' , StE f2-2 ' %._ im: /Sa s (I,
o' _6W l r Dom. Ln
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SAr+aes n1�l.a leu., 2 Mal! __J . �� Atta:.�1/4) 2 1 S ()s
RC'p APR 061998
•
•
March 28, 1998
City of Southlake
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do request with respect to the development of Lot 4R7 that if a standard
conforming city street is not constructed to access this property, then any alternative
shared access drive shall conform to the existing streets in the subdivision meaning a
continuous 26' wide road constructed to meet all of the City standards for materials,
thickness, and curvature including either bar ditches or curb and - gutter for proper
drainage. We also request clarification on related issues pertaining to an alternative shared
access drive such as police jurisdiction, location ofmadboxes, and trash pick up. We
regrettably recognize that such construction wal result in a loss of trees, but that a
roadway consistent with the existing streets in the neighborhood is deemed by us to be a
higher priority. Thank you for your consideration.
tr; , � ; .U1 • 1 Address
QU
DECD APR 0 61998
1505 Oak Lame
Southlae
5661. O C JVW (1038 March 28,E 11X876092
Dear Neighbor,
The purpose of this letter is to bring to your attention the status on the subdivided
5.27 acre lot on Sleepy Hollow, the so named "Sleepy Hollow Estates."
Background
Those residents whose property lies within 200 feet of the lot were officially
notified of the proposed plat revision in November of 1997. (See attch. 1) Larry
Foreman, 1755 Sleepy Hollow, responded by presenting a petition to the city expressing
concern over multiple access drives from Sleepy Hollow into the property. (See attch. 2)
The city approved the plat revision with a single "private drive" to access the property.
Those of us who signed the petition received a letter of explanation from the developer,
Tom Matthews. (See attch. 3 & 4)
As work began on clearing the lot for construction of the road, I kept noticing that
the pattern being cleared did not match the diagram in my letter or the picture on the
developer's promotional sign erected on the property. Specifically there appeared to be
trees left in the middle of the planned road.
I contacted Tom Matthews with my concern. He confirmed his intentions to
divide the road at several points into one way paths around the trees. He explained that it
was not until they started the clearing process that they found these trees and that they
were making these adjustments to the road in order to save all trees. He was
shocked thati would want him to cut down trees. I stated that while this was a very
honorable idea and particularly appealing to me as a tree lover, I felt that a uniform,
conforming street layout was a higher priority towards the concept of enhancing the Cedar
Oaks Estates subdivision.
I then contacted the city with my concern that this project was not being built as
planned and approved. Greg Last, Community Development Director, has responded
accordingly. He met with the developers to communicate that the city would in fact be
insuring compliance with the plan as approved by City Council with the single 26' wide
paved street into the property and that any changes would have to go back to City Council
for amended approval.
Related i and questions
- Why not build a regular city streetlike Forest Vista Court? With our one acre
minimum zoning the 5.27 acre lot would not yield five one acre lots after dedicating the
necessary land required for a city street. Therefore by dividing up the lot as shown where
part of the one acre contained in each of the three rear lots includes the land under the
planned "private" road, the developer could get five lots and a more positive economic
return. These lots are being sold for $105,000 and $95,000 each.
Is the high priority stated by the developer for saving trees related to the new
city tree ordinances? Greg Last said that the tree ordinance does not apply to the
construction of streets, private drives, or private residences. There is however a general
city priority towards protecting our trees. I have also learned that Tom Matthews has a
positive reputation as a developer in Southlake and has demonstrated a willingness to
protect trees in other projects.
Since this is officially a "private drive" will mail boxes all be located on
Sleepy Hollow? Tom Matthews assured me that he is getting permission from the U.S.
Postal Department to have mail delivered into this private drive.
How will sewer service be provided? Tom Matthews said that he plans to bring
a sewer line at his expense up from the city main line that runs across the lower end of
Sleepy Hollow. This line will run along Sleepy Hollow and it will be sized and installed
deep enough for future use by Cedar Oaks Estates.
What about the name "Sleepy Hollow Estates ?" Greg Last explained that the
developer can name the project anything he chooses for marketing. The city has no
jurisdiction over that, however, the property officially remains part of Cedar Oaks Estates
as reflected by the plat filed with the city and Tarrant County.
Who maintains this "private drive ?" Tom Matthews explained that the deed
restrictions for purchasing a lot will require a mandatory annual maintenance fee.
Is it too late for us in Cedar Oaks Estates to require a normal city street?
Greg Last said yes and that we were properly notified.
What about emergency vehicle access? Tom Matthews assured me that his road
plans and revisions complied with the Southlake Fire Department. Greg Last said that he
would follow up on that issue.
Other questions
If this is a "private drive," does the City Police Department have jurisdiction or am
I trespassing if I enter this road? Who is liable if an accident occurs?
Will trash pick up be along Sleepy Hollow for all five residences?
Because this is a "private drive" can the developer or future owners decide to
install a gated entrance?
Is there reason to believe that our neighborhood crime watch efforts will be
compromised by a somewhat hidden road in the subdivision?
Since curb and gutter is not planned, will bar ditches be installed to insure proper
drainage and aid in conforming to the look of the established subdivision?
Conclusions
As you can see this is a very complex issue and seriously affects our subdivision.
It is possible that we may need to respond in a unified way. I am willing to attend any
such meetings representing the concerns and desires of Cedar Oaks Estates. To do so
more effectively I might need to circulate a petition similar to the attached example. (See
attch. 5)
To establish a back up position, the original covenants for Cedar Oaks Estates
provides for an Architectural Control Committee that shall approve all buildings "erected,
placed, or altered on any lot." Until you hear or choose otherwise your Architectural
Control Committee consists of Steve Kettering, Larry Foreman, and Chris Smith.
I believe that Tom Matthews and his partner David McMahan are good and
reasonable people; they are businessmen pursuing their livelihood to develop this tract of
land and I welcome their efforts to finish out our neighborhood. 1 am confident that we
can accommodate this project in a way that protects our interests and is workable for
them.
If you have any questions or ideas about this please contact me at 488 -2571 or e-
mail me at skett aol.com. If you would like to be updated on events relating to this issue
and future issues such as sewer and road improvements, it would be helpful if I had your
e -mail address. I hope that you feel the same pride and concern for our neighborhood as I
do.
Respectfully yours,
)
Steven W. Kettering
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December 2, 1997
City of Southlake . a
Planning and Zoning Commission
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do respectfully object to the replat of Lot 4R7, Block 1 (i.e. the plat revision
on lots 4R7R1 through 4R7R5, block 1.) This objection is based specifically on lot access
to the rear lots (4R7R2 through 4R7R4). The right of way appears to be either triple (or
more) adjacent driveways or an unusually large driveway to access these lots. This is
inconsistent with all the other lots in the addition and is plainly incompatible, and therefore
unacceptable. If this access was a standard road, such as the most recently added Forest
Vista Court, there would be less objection. Thank you for your consideration.
Signature Printed Name Address
December 4, 1997
This list of petitioners is not a complete list of residents in the Cedar Oaks
Estates. However, the reason is a lack of time and the inability to make •
contacts with the remaining residents. Everyone contacted (100 %) signed the
petition. The residents that did not sign were the residents not contacted. I
feel certain the list would be near 100% if all the residents could have been
notified. Please consider this as you deliberate tonight.
Thank you.
Larry Foreman
1755 Sleepy Hollow
Southlake
481 -4657
4- 14-ci 3
Tom M. Matthews, Jr.
4343 W. Northwest Hwy.
Suite 120 -225
Dallas, Texas 75220
214/350 -7732 fax: 2141904 -9930
December 12, 1997
Mr. Steve Kettering
1505 Oak Lane
Southlake, Texas 76092
Re: 5.27 acre Plat Revision, Lot 4R7, Cedar Oaks Estates
Dear Mr. Kettering:
Please let this letter introduce myself to you and identify myself as President of Four Peaks
Development, Inc., the developer of the property on the north side of Sleepy Hollow near your
home at 1505 Oak Lane.
I have reviewed the petition you signed which was sent to the City regarding the Plat Revision. I
must apologize that we did not do a better job in presenting our submittal to the City which
would have addressed the specific issue or concern raised in the petition, namely, access to the
back three lots. For your understanding, I am herein including a more specific site plan which
shows the shared drive we will be constructing to access the lots within this replat. Instead of
numerous drives onto Sleepy Hollow, we will be deed restricting these lots, requiring that all of
the lots utilize the shared access drive. By having this restriction we believe we will have less of
a visual impact onto Sleepy Hollow and will reduce the number of trees to be removed from the
overall site. The access drive will not be concrete with gutters. Moreover, to better maintain the
rural atmosphere of the Cedar Oaks Estates subdivision, the drive will be asphalt like the original
•
roads in Cedar Oaks Estates. Please also understand that this drive will be constructed to meet
all of the City standards for materials and thickness.
Mr. Kettering, I appreciate the issue raised in the petition to the City and hope this letter and the
enclosed plat satisfies your concern. Notwithstanding that, if you should have any other
questions or would like to discuss this replat with me, please feel free to call me at the number
above or on my mobile phone: 214/676 -3434.
Sincerely,
Tom M. Matthews, Jr.
I
NOTE:
ENTIRE SITE IS 100% TREE COVERED
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March 28, 1998
City of Southlake
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do request with respect to the development of Lot 4R7 that if a standard
conforming city street is not constructed to access this property, then any alternative
shared access drive shall conform to the existing streets in the subdivision meaning a
continuous 26' wide road constructed to meet all ofthe City standards for materials,
t ickness, and curvature including either bar ditches or curb and for proper
drainage. We also request clarificafion on relatedissues pertaining to an alternative shared
access drive such as police jurisdiction, location ofmailboxes, and pick up. We
regrettably recognize that such construction will result in a loss oTtrees, but that a
roadway consistent with the existing streets in the neighborhood is deemed by us to be a
higher priority. Thank you for your consideration.
Printed name & Signature Address
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SLEEPY HOLLOW ESTATES
4 . • 2 5 ONE ACRE WOODED LOTS
1.102 1.091
AC. AC.
FULL CITY SERVICES
•
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10 David McMahan Tom Matthews 10 AC. Li AC.
817- 329 -6996 214 - 350 -7732
SLEEPY HOLLOW TRAIL
A project by: Four Peaks iSeVV\
• Development, Inc.
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Roadway Classification Definition - Discussion
Classification: Principal Arterials & Arterials - Divided & Undivided
Function: Serves regional and major traffic generators and specialized land
uses.
Trip Length: Long - one to five miles
System Continuity: Connects to freeways, other arterials, major and minor collectors.
Land Use Interaction: Should not penetrate neighborhoods. Direct access to adjacent
land strictly controlled.
Access Management: Partially, but strictly controlled. Access spacing and design
controls should be used to insure traffic flow and safety.
Intersection Treatment: At grade intersections with separate turning lanes. Traffic carrying
capability should not be limited by overly- frequent spacing of
traffic signals and intersection access.
Median Treatment: Left -turn lanes or bays in medians
1-
Comments: The intersection of two regional arterials may require grade
separation to accommodate high traffic volumes.
10
S
Roadway Classification Definition - Discussion
Classification: Collector
Function: Serves local areas, minor traffic generators and neighborhoods.
Forms connection with adjacent suburban areas.
Trip Length: Generally under one mile
System Continuity: Connects to freeways, arterials, and other collectors. May extend
across arterials.
Land Use Interaction: Penetrates neighborhoods
Access Management: Limited regulation. Design controls should be used to ensure
safety. Can provide direct access to nonresidential land uses.
Intersection Treatment: At -grade
Median Treatment: None. Right -of -way and street section should be widened at major
intersections to allow for left -turn lanes with storage and
deceleration lanes with free right -turn lanes.
F
11
lglOni
] 212 Westmont Drive
Southlake, Texas 7609 7 I
(817) 251-8614
OFFICE OF CITY
SECRETARY
April 4, 1998
To:
Mayor, City of Southlake
City Council
Planning and Zoning Committee
City Manager
Dear Folks:
Reference the proposed Miron Water Tower.
It's not too late to step up to the plate and be progressive on this issue.
Many other cities around the country are getting rid of their water towers and replacing them with
pump pressurization systems to provide their water pressure. The water tower is a dinosaur. It
was designed to provide water pressure back before the days of modern pumps. Some say the
pumps are more expensive -- and they are -- but they're worth it. We wouldn't let the electric
company put electric distribution lines to our homes up on wooden poles, would we? They put
these lines underground (even though it costs a little more) because it makes our neighborhoods
look so much better. The same should hold true for our water system. Lets get out of the Jurassic
era and step into the future with a modern water pressure system. Our entire community (and the
new Town Center) will look better for it
Sincerely, {�
Thomas E. Drake
L t - 6 1998 1_
March 28, 1998
OFFICE OF CITY
City of Southlake SECRETARY -
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do request with respect to the development of Lot 4R7 that if a standard
conforming city street is not constructed to access this property, then any alternative
shared access drive shall conform to the existing streets in the subdivision meaning a
continuous 26' wide road constructed to meet all of the City standards for materials,
thickness, and curvature including either bar ditches or curb and gutter for proper
drainage. We also request clarification on related issues pertaining to an alternative shared
access drive such as police jurisdiction, location of mail boxes, and trash pick up. We
regrettably recognize that such construction will result in a loss of trees, but that a
roadway consistent with the existing streets in the neighborhood is deemed by us to be a
higher priority. Thank you for your consideration.
Printed Name & Signature Address
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RED APR 061998
March 28, 1998
City of Southlake
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do request with respect to the development of Lot 4R7 that if a standard
conforming city street is not constructed to access this property, then any alternative
shared access drive shall conform to the existing streets in the subdivision meaning a
continuous 26' wide road constructed to meet all of the City standards for materials,
thickness, and curvature including either bar ditches or curb and gutter for proper
drainage. We also request clarification on related issues pertaining to an alternative shared
access drive such as police jurisdiction, location of mail boxes, and trash pick up. We
regrettably recognize that such construction will result in a loss of trees, but that a
roadway consistent with the existing streets in the neighborhood is deemed by us to be a
higher priority. Thank you for your consideration.
Printed Name & Signature Address
f fWS7a ,d!/E.e Ste! / i H '6 i ; /.Coo o,4k
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REC'p 061998
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March 28, 1998
City of Southlake
We, the undersigned residents of the Cedar Oaks Estates Addition to the City of
Southlake, do request with respect to the development of Lot 4R7 that if a standard
conforming city street is not constructed to access this property, then any alternative
shared access drive shall conform to the existing streets in the subdivision meaning a
continuous 26' wide road constructed to meet Al of the City standards for materials,
thickness, and curvature including ehher bar ditches or curb and gutter for proper
drainage. We also request clarification on related issues pertaming to an alternative shared
access drive such as police jurisdiction, location ofmailboxes, and trash pick up. We
regrettably recognize that such construction will result in a loss of trees, but that a
roadway consistent with the existing streets in the neighborhood is deemed by us to be a
higher priority. Thank you for your consideration.
::il 1. il • :_ ' ,..,i - Address
C t.....k// 1 -13,s cl
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(C'D APR 061998