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1997-01-07 CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING JANUARY 7, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Staey; Mayor Pro Tern W. Ralph Evans; Deputy Mayor Pro Tem Pamela Muller. Members: Scott Martin, David Harris, Gary Fawks, and Wayne Moffat. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Kim Lenior, Director of Parks and Recreation; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Billy Campbell, Director of Public Safety; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tern W. Ralph Evans. WORK SESSION: The work session was held to discuss agenda items by Council and staff. The Regular City Council meeting was called to order at 6:30 p.m. by Mayor Rick Stacy. Agenda Item #2-A. Executive Session Mayor Rick Stacy advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code Sections 551.071, 551.072, 551.074, 551.076, of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation and to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council adjourned for executive session at 6:32 p.m. Council returned to opens session at 7:15 p.m. A~enda Item g2-B. Action Necessary/Executive Session No action was necessary as the result of the executive session. Agenda Item #3, Approval of the Minutes of the December 17. 1996 City (~0uncll Meetine REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 1 Motion was made to approve the Minutes of the City Council meeting held on December 17, 1996. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #4-A. Mayor's Rel~rt Councilmember Scott Martin reported on the Christmas Season Food/Toy Drive donated by citizens, city staff, and organized by Carrie Fullington and a Teen Court representative. He noted it was such a success that five to eight gifts were given to each child in more than twenty-five families. Martin noted this project was held in cooperative with G.R.A.C.E. He thanked all who were involved in this worthwhile project, especially Carrie Fullington of the Southlake Department of Public Safety. Mayor Stacy announced that the Southlake Department of Community Development has been selected to receive the 1996 "Certificate of Achievement for Planning Excellence~ presented by the Midwest Section of the Texas Chapter of the American Planning Association. The Mayor commended those who work in the Department of Community Development headed by Director Greg Last. The Mayor announced the City Council will be meeting with the Carroll School Board Trustees in a Joint Work Session on January 16, 1997 at 7:00 p.m. in the Solana Education Center Room 1. He also announced the Annual Employee Banquet which will be held on Monday, January 27, 1997, also at Solana. A Community Forum on Juvenile Substance Abuse will be held on Wednesday, January 22, 1997 from 7:00 p.m. to 9:00 p.m. in the Activity Center at Carroll High School. The forum will be hosted by the Southlake Municipal Court and the Carroll High School Site Based Committee. Representatives from the Southlake Department of Public Safety and the Tarrant County SheriWs Office will make the presentation. The purpose of the forum is to afford the community an opportunity to develop a proactive course of action to deal with an increasingly significant local problem. Agenda Item #4-B. City Manager's Report Curtis Hawk, City Manager, reported he is glad to be back in the States after his month long vacation to Africa. Agenda Item #4-C. SPIN Report REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 2 John and Linda Wilder, SHN Representatives for//16. Linda Wilder was present stating in their SPIN meetings, they have had speakers such as Mayor Rick Stacy, Bob Whitehead, Director of Public Works; Carrie Fullington, Community Services Officer with the Southlake Department of Public Safety and others, which were very informative to the citizens present. She noted issues including ground storage tanks on Southlake Blvd. (F.M. 1709) near Pearson Lane and traffic on Harrell Drive in the Keller ISD. She stated she has been using her SPIN business cards and mail box and wishes a good 1997 for the Mayor, City Council and the SPIN program. Agenda Item #5. Consent Agenda The consent agenda consists of the following items: 9-A. Resolution No. 974)2, appointment to the Parks and Recreation Board to fill an unexpired 9-B. Resolution No. 97-03, appointment to the Southlake Parks Development Corporation (SPDC) to fill an unexpired term. 10-B. Developer Agreement for Southlake Woods, Phase IA, located north on West Continental Blvd. west of South Peytonville Avenue, east of Davis Blvd. (F.M. 1938) and south of West Southlake Blvd. (F.M. 1938). Motion was made to approve items g9-A, g9-B, and gl0-B, on the consent agenda adding Doug Fierce to item gg-A, and Ronnie Kendall to g9-B. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Additional Information on Consent Items 9-A. Resolution No. 97-02, appointing Doug Fierce to the Parks and Recreation Board to fill the unexpired term of Rod Johnson, which will expire in May, 1999. Resolution No. 9%03, appointing Ronnie Kendall to the Southlake Park Development Corporation as a citizen at-large, for a term to expire in May 1997, to replace Rod Johnson. IO-B. Developer Agreement for Southlake Woods, Phase IA. Ron Harper, City Engineer stated, "due to the number of uncertainties relative to West Continental Blvd. roadway section, including ultimate roadway width, Master Thoroughfare Plan, roadway construction materials, availability of rights-of-way and cost sharing, the developer has requested that REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 3 a Standard Developer Agreement be processed. The developer has agreed to contribute $75,000 to the City to pay for the improvements agreed to earlier; mm lanes at the subdivision entrance and turn lanes at Davis Blvd. The City will continue to collect Roadway Impact Fees for this project. The City will use the developer's contribution in conjunction with currently budgeted funds to construct the interim road project for West Continental Blvd. from Davis Blvd. to South White Chapel Blvd. The Developer has stated that he may want to revisit the Continental Blvd. improvements at a later time; however, in the interest of getting the project underway, he wishes to pursue this Developers Agreement.' Agenda Item//6, Public Forum No comments were made during the public forum. Agenda Item #7-A. Ordinance No. 480-223.2nd reading, Foxborough Ordnance No. 480-223, 2nd reading (ZA 96-136), Rezoning and Concept Plan for Foxbowugh (Formerly Fox Glen), for appwximately 23.7 acres being Tract 3F and approximately 0.186 acres being a portion of Tract 3E, in the W.W. Hall Survey, Abstract No. 695. This request proposed 63 residential lots, 2 non-residential lots and 3 common areas. Current zoning is ~AG' Agricultural District, and "O-1" Office District. Requested zoning is "SF-20A' Single Family Residential District. A Concept Plan for Foxborough totaling approximately 48.9 acres will be considered with the rezoning request plus additional acreage as follows: approximately 21.72 acres described as the northern portion of Tract 3E in the W.W. Hall Survey, Abstract No. 695; approximately 1.72 acres zoning "O-1" Office District; and approximately 1.57 acres zoned "C-1" Neighborhood Commercial District. Applicant: Crumbaker Development, Inc. Owners: Beulah Cross c/o Ben Muir (Tract 3F) and Homei Liao and Jai Her Hwang, Trustees (portion of Tract 3E). SPIN Neighborhood #I0. The Zoning Administrator, Karen Gandy, stated she docs not feel a full presentation is necessary as one was given during the first reading. David McMahan, 1335 Hidden Glen, representing Cmmbaker Development, Inc. Mr. McMahan did not have additional comments. He stated he is in receipt of Staff Review Summary//5 and asked that both items (#1 and #2) be waived. McMahan stated they are going to request a zoning change on Lot 1, Block 1, from "C-l" to "O- 1" Zoning District at some point in time, however, at this time there is not a need for it as it is a common area and as it relates to bufferyards, it is all landscaped and is a common area. If it becomes necessary, they will do it. Mr. McMahan asked to have item//6 (deflection in the common line between Lots 27 & 28, Block 1) waived again, as it was during the first reading. Greg Last, Director of Community Development asked the City Attorney if there is concern with a lot having two zoning designations on it. Allen Taylor, City REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 4 Attorney stated the implementation is a valid building permit can not be issued on the split zoned lot, but since that will not occur in this instance, a practical use problem. (The north half of the lot is "SF-20" zoning and the south half is "0-1~ zoning). PUBLIC HEARING resulted with no commems from the audience. Motion was made to approved ZA 96-136, Ordinance No. 480-223, 2nd reading, subject to the Concept Plan Review Summary//5, dated January 3, 1997, amending item #3, deflection of the common line between Lots 27 & 28, Block ! and Lot 6 &7 Block 3 as shown; removing drive into Lots 1 & 2, Block 1; changing the required planting materials in Lot 1, Block 2, being the Common Area (east entry along F.M. 1709 to reflect a bufferyard "K' level as a minimum; and permitting plantings to be dispersed throughout the common area rather than just within the 20' bufferyard; bufferyards and landscaping shall be per the exhibits presented at the P&Z meeting as shown to the City Council; requiring 4" caliper trees, 6' sidewalks and berried plants in Lot 7, Block 3 being the Common Area along the extension of Ownby Lane; deleting the requirement for a bufferyard along the head wall of Common Area, Lot 1, Block 2, providing a common access easement to the commercial lot in Diamond Circle Estates to the west; and directing staff to initiate rezoning of the "C-l" lot at the southwest corner to "0-1"; and deleting item #1. Motion: Muller Second: Fawks Mayor Stacy read the caption of the ordinance. Ayes: Muller, Fawks, Martin, Harris, Evans, Stacy Nays: Moffat Approved: 6-1 vote Agenda Item g'/-B. ZA 96-137. Preliminary_ Plat for Foxborough ZA 96-137, Preliminary Plat for Foxborough (Formerly Fox Glen), on property described as being approximately 48.9 acres, being Tracts 3E and 3F, in the W.W. Hall Survey, Abstract No. 695. This plat proposed 63 residential lots, 2 non-residential lots, and 3 common areas. Current zoning is "AG" Agricultural District, "SF-20A" Single Family Residential, "C-l" Neighborhood Commercial District and "O-1" Office District. Applicant: Cmmbaker Developmem, Inc. Owners: Beulah Cross c/o Ben Muir (Tract 3F) and Homei Lian and Jai Her Hwang, Trustees (portion of Tract 3E). SPIN Neighborhood #10. The Zoning Administrator, Karen Gandy, did not make a formal presentation, however, noted that fifty-five (55) nofces were sent to property owners within the 200' notification area and five (5) written responses have been received from within the 200' notifica6on area, including: Candaee Harris, 920 Ownby Lane, Southlake, opposed; Kenneth & Amelia Gardner, 550 Bentwood Lane, Southlake, opposed; Daniel & Barbara Clark, 1034 Diamond Blvd., Southlake, opposed; David & Catherine Moberg, 503 San Juan Drive, opposed; and, Larry Mahon 470 Southview, Southlake, opposed. The applicant has met all the items in Plat Review Summary No. 1 dated REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 5 October 11, 1996, Plat Review Summary No. 2 dated November 1, 1996, the Plat Review Summary No. 3 dated November 27, 1996, and the Plat Review Summary No. 3 dated November 27, 1996, and Plat Review Summary No. 4 dated December 13, 1996, with the exception of those items in the attached Plat Review Summary No. 5 dated January 3, 1997. David McMahan reviewed the comments in the Plat Review Summary No. 5, noting they are requesting the cul-de-sac be deleted, and that it be allowed to be Wickem Lane. He feels by naming it differently, it would cause more confusion. Councilmember David Harris commented with regard to "deed restrictions," that he and Mr. McMahan have discussed the issue of the city enforcing deed restrictions, and that in this unique situation in the event he sells this land, he would be willing to put in the contract an obligation to the subsequent purchaser to live with the same house size as Mr. McMahan put in their deed restrictions. Motion was made to approve ZA 96-137, preliminary plat for Foxborough, subject to the Plat Review Summary No. 5, dated January 3, 1997 deleting item #1 and #2; allowing the 25' set- back as recommended by the Planning and Zoning Commission on the lot listed in item #3; and waiving item #4. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Muller, Moffat, Martin, Harris, Stacy Nays: None Approved: 7-0 vote Agenda Item g'/-C, Ordinance No. 480-224. 2nd reading (ZA 96-145~ Southlake Town Center Ordinance No. 480-224, 2nd reading (ZA 96-145), Rezoning and Concept Plan for Southlake Town Center, on property described as being approximately 109.330 acres situated in the Richard Fads Survey, Abstract No. 481, being Tracts 2A and 3A and a portion of Tract 3. The property is bordered by the following thoroughfares: State Highway 114 on the north, Southlake Blvd. on the south, North Carroll Avenue on the west. Current zoning is "C-3" General Commercial. District, with a requested zoning of "NR-PUD' Non-Residential Planned Unit Development District to include "C-3" General Commercial uses. Applicant: Rialto Development, L.P. Owners: Fechtel Group (partnership) with general partners: Alicia Marie Fechtel, Charles Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, and James Milton Fechtel (Tract 3); and Lorrie W. Beck, Leslie W. Klingman, and Carol Jean Peterka (Tracts 2A and 3A). SPIN Neighborhood #4. Karen Gandy, Zoning Administrator, commented that twenty-four (24) notices were sent to property owners within the 200' notification area and four (4) written responses have been received from the same area, from: N.M. Smock, Smock Husseini J.V. 1529 Leimert Blvd., REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 6 Oakland, California; Juergen Strnnck, 200 North Carroll Avenue, Southlake, opposed; Steve Yetts, Timarron Land Corporation, P.O. Box 290 Dallas, Texas, in favor. Brian Stebbins, 904 Independence Parkway, Southlake. Mr. Stebbins stated he met with various Councilmembers in work session and also over the weekend in an effort to get all questions answered prior to the second reading of Ordinance No. 480-224 tonight. He turned the meeting over to Frank Bliss who reviewed the changes made as the result of those work sessions. Frank Bliss, 2094 Cortez Avenue, Laguna Beach, California. Mr. Bliss proposes to walk through the revisions made since the last meeting in the document presented tonight dated January 7, 1997. The following are the changes as proposed by Rialto Development as the result the work sessions and discussions during this meeting. In the Development Concepts: A. Town Center, changing to "buildings will face the street and sidewalks between the street and building face.' In the Development Regulations: 1.0 Use Regulations (b) Non-Permitted Uses: The following uses shall not be permitted: Filling stations or service stations, operating with or without a convenience store. Uses Permitted by Specific Use Permit Only: The following uses shall not be permitted without a Specific Use Permit approved in accordance with Section 45 of the Comprehensive Zoning Ordinance ("Specific Use Permit") Sale of previously owned retail goods. Electrical and gas repair and installation services, except where such services are provided incidental to the retail sale of electrical and gas appliances and supplies. Lodges, sororities and/or fraternities. Medical care facilities requiring or allowing an overnight stay, to include hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primaxily for the convenience of patients, staff and visitors. Mortuaries, funeral homes and undertakers. Plumbing and heating applicant repair and installation services, except where such services are provided incidental to the retail sale or plumbing and heating appliances and supplies. All storage of materials must be indoors within this zoning district. A. Building Height: (6) ~ penthouses, ventilation equipment, antennas, chimneys, REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 7 exhaust stacks and flumes, fire sprinkler tanks, or other mechanical equipment may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval of the applicable Site Plan unless: 1) are setback from all exterior walls a distance of at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items are set back less than their vertical dimension. It was agreed to change to mechanical penthouses, allowed by Specific Use Permit only and to amend to include, as an ancillary use, an amenity to the office use beneath it. C. Required parking shall be located and maintained anywhere within the P.U.D. On-street parking and shared parking anywhere within the P.U.D. may be counted toward the off-street parking requirement for the P.U.D. B. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard are required: 1. In the event the North Carroll Avenue right-of-way has been established at the time of development plan or site plan review, the setback shall be maintained from the projected cast right-of-way of North Carroll Avenue based on information available at the time from the City of Southlake. No service drives, parking, sidewalks greater than six (6) feet in width or other impermeable surfaces shall be permitted within the setback herein provided unless buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along F.M. 1709 and North Carroll Avenue be less than twenty (20) feet. D. Building Envelopes: Where "Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific User Permit, as determined by the City Council in connection with development plan or site plan review. G. Building Phasing: Buildings adjacent to F.M. 1709 and North Carroll Avenue, as well as those buildings facing the 3 block "Town Square" district (defined as the buildable area) bounded by F.M. 1709, Street C, Street 3, and Street D, excluded a building on the block bounded by Street 3, Street D, Street 3 and Street C, shall be constructed prior to the construction of any above-ground structured parking behind such buildings. 4.0 Projections into Required Setback or into a Right-of-way: REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 8 Ord'mary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. Architectural Projections, including bays, towers, and oriels; show windows (lst floor only); below grade vaults and area ways; and elements of a nature similar to those listed; may project up to forty-two (42) inches into a required yard or beyond the building face. No portion of an architectural project described in Sections 4.0a, b and c above less than eight (8) feet above the ground elevation may extend more than forty-eight (48) inches into a required yard or beyond the building face. Canopies and/or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb. Ground-mounted supports for items in Section 4.0e may be approved as part of the development plan or site plan review, as determined by the City Council. Councilmember Gary Fawks commented with regards to the corridor overlay regulations and how they pertain to this development. Greg Last, Director of Community Development, stated the corridor overlay does apply to this entire property, above and beyond the articulation. PUBLIC HEARING: Juergen Stronck, 400 North Carroll Avenue, Southlake. Mr. Strunck stated in the European countries, if the traffic is increased by walking, the streets are closed off. He challenged the architects to come up with a plan of what the parking garages will look like. He stated he is uncomfortable not knowing what the garages will be like. Mr. Strunck noted, the architect says he wants something better, but we have not seen it. He does not find it agreeable that we don't know what the parking garages will look like. He stated he wants from the City Council some information on what the alignment of North Carroll Avenue will be like. Craig Laird, on behalf of Dalton Properties (the property owner on the southeast corner of F.M. 1709 and South Carroll Avenue) stated he is concerned about the location of a traffic signal. Mr. Laird stated all ingress-egress is to the east and it destroys the value of his property. Public Hearing Closed. Couneilmember Scott Martin addressed the concerns of Mr. Stmnck stating throughout the process, the City Council has held the developer to heights. Regarding parking, Council has approved a reduction in the parking requirements. The parking will be discussed again as the site plans are submitted. Martin stated he understands the need for being pedestrian friendly as he would like to see REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 9 everything be "nature" friendly. He stated he feels the City will come out on a win-win situation on the tree issue, by allowing a reduction of trees on this site will save more trees up and down the F.M. 1709 corridor. We need a centralized location for high density commercial. Councilmember David Harris stated whenever you get into a situation like we have tonight, it is scary for the developer and the City Council. He noted the thing that impressed him the most is the commitment of Mr. Stebbins. Trying to draft downtown regulations is tough when you haven't had downtown regulations. Mr. Harris impressed upon the audience that the City has a lot of control over the downtown section. Councilmember Gary Fawks addressed the issue of the traffic signal. Greg Last, Director of Community Development, stated we haven't had any requests for traffic signals on the Dalton property. Last stated the most developed property at the time will determine where the traffic signal is to be located. Councilmember Gary Fawks stated he does not want this vote to include the placement of the traffic signal. Motion was made to approve the second reading of Ordinance No. 480-224 as submitted tonight with the following changes: Section 3.0(b)(1) the sidewalk width will be changed from 8 ft. to 6 ft.; Section 3.0(a)(6) will be changed to insert the word "mechanical" before penthouse to refer to mechanical penthouses; and it will further be modified that non-mechanical penthouses ancillary to a use immediately below, will be allowed by SUP; Section 7(c) which is the variation of street widths will be accomplished through the deletion of space from the buildings and not through the sidewalks; subject to the Staff Review Letter #3 dated January 3, 1997 modified to the extent of the plan submitted this evening. Motion: Harris 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 Council adjourned for recess at 9:20 p.m. Council returned to open session at 9:40 p.m. Agenda Item #7-D. ZA 96-146. Site Plan for Mesco Addition. ZA 96-146, Site Plan for Mesco Addition, Lot 5, on property legally described as Lot 5, Block 1, Mesco Addition, and being approximately 1.190 acres situated in the Thomas Mahan Survey, Abstract No. 1049. Current zoning is "S-P-2" Generalized Site Plan District to include "C-2" REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 10 Local Retail Commercial District uses. Applicant: Strode Property Company. Owner: Anderson Industries, Inc. SPIN Neighborhood//6. Karen Gandy, Zoning Administrator, commented that five (5) notices were sent to. property owners within the 200' notification area and no written responses have been received. This property is located on the northwest comer of SH 114 and Kimball Avenue. Charles Hodges, 1462 Omega, Dallas. Mr. Hodges stated they have no exceptions to items 1 and 2 of the latest staff review letter. Councilmember Gary Fawks questioned the landscaping. Greg Last, Director of Community Development, stated they have provided 12-14% additional landscaping above the required amount. PUBLIC HEARING resulted with no comments from the audience. Motion was made to approve ZA 96-146, Site Plan for Mesco Addition, Lot 5, subject to the Staff Review Summary No. 2 dated January 3, 1997; and exhibit "A' declaring changes to the northeast comer of the building. Motion: Second: Ayes: Nays: Approved: Martin Evans Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy None 7-0 vote Councilmember Gary Fakws stated he is disappointed with what came forward and noted he is embarrassed he is going to vote in support of this because it meets the concept plan and the ordinances of the City. He would like for Council to look at the corridor overlay requirements and see if there is a way to address the smaller properties. Councilmember Martin stated he agreed with Councilmember Fawks for the same reasons. Mr. Hodges stated he agreed to screen all mechanical equipment. Agenda Item/f7-E, Resolution No. 96-67 (ZA 96-147L Specific Use Permit Resolution No. 96-67, (ZA 96-147), Specific Use Permit for the Sale of Packaged Beer for Off- Premises Packaged Beer for Off-Premises Consumption on property legally described as Lot 5, Block 1, Mesco Addition and being approximately 1.190 acres situated in the Thomas Mahan Survey, Abstract No. 1049. Current zoning is "S-P-2" Generalized Site Plan District to include "C-2" Local Retail Commercial District uses. Applicant: Strode Property Company. Owner: Anderson Industries, Inc. SPIN Neighborhood #6. REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 11 Karen Gandy, Zoning Administrator, noted that five (5) notices were sent to property owners within the 200' notification area and no responses have been received. Councilmember Scott Martin addressed the issue of window sales of off-premises packaged beer. Agenda Item #2-A. Continued Executive Session Mayor Stacy advised the audience that Council would be returning to executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.071 of the Open Meetings Act, to seek the advice of the City Attorney with respect to agenda items. Council adjourned for executive session at 10:10 p.m. Council returned to open session at 10:15 p.m. Agenda Item #2-B. Continued. Action Necessary_ No action was necessary as the result of the executive session. Agenda Item #'/-E. Continued PUBLIC HEARING: Kenneth Horn, 1215 Ashmore Court, Southlake. Mr. Horn stated if this is approved, how will it effect the quality development next to it? What will it do for the future of Kimball Avenue and SH 114 area? The City is taking one step forward and two steps back. Horn added, he is surprised the City didn't learn from Wal-Mart. Jerry Francis, 1211 Ashmore Court, Southlake. Mr. Francis stated he wants to comment on what Mr. Horn just said. City Council just approved Rialto Development Plan and then this. He asked, has Council even met a developer it doesn't like? Mayor Stacy stated if the item meets all the requirement of our ordinance, we are obligated to approve it. We need service stations. Councilmember Fawks added, on this development our hands are tied. Motion was made to approve Resolution No. 96-67, Specific Use Permit for Off-Premises Packaged Beer. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 12 Agenda Item #7-F. ZA 96-148. Site Plan for Liberty B0nk ZA 96-148, Site Plan for Liberty Bank, on property described as Lot lEI, W.E. Mayfield Addition, and being approximately 0.892 acres situated in the Samuel Freeman Survey, Abstract No. 525, and the Thomas Easter Survey, Abstract No. 474. Current zoning is "C-2" Local Retail Commercial District. Owner and Applicant: Liberty Bank. SPIN Neighborhood//7. According to the Zoning Administrator, Karen Gandy, nine (9) notices were sent to property owners within the 200' notification area and one (1) written response was received from F.I. Cosgrove, 2325 E. Southlake Blvd., in favor. Ms. Gandy noted the applicant has met all the items in the Site Plan Review Summary No. 1, dated November 15, 1996 with the exception of those items in the Site Plan Review Summary No. 2 dated January 3, 1997. Mayor Rick Stacy stated he feels this bank needs to be accessible from all directions. Ernest Hedgecliff, engineer for Liberty Bank stated, he agrees with the staff review summary, and that they have allowed for access to the east as it is another small parcel of land. He noted the bank has concerns about a common access easement. Steve Ingrain, President of Liberty Bank, stated he would be more amenable to a north/south access than he would be to a east/west access. Councilmember Gary Fawks stated he does not feel having access to the north would be of an advantage. PUBLIC HEARING resulted with no comments from the audience. Motion was made to approve ZA 96-148, subject to the Site Plan Review Summary No. 2, dated January 3, 1997; with the requirement of a common access easement to the west and north being provided; as approved by the Planning and Zoning Commission with regards to articulation; and with a solid metal gate on the dumpsters. Motion: Fawks Second: Martin Ayes: Fawks, Martin, Harris, Evans, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-G. ZA 96-149. Plat Revision for the Prooosed Lot IRI. Block 1. W.E. Mayfield Addition. ZA 96-149, Plat Revision for the proposed Lot 1R1, Block 1, W.E. Mayfield Addition, being a revision of Lot 1El, W.E. Mayfield Addition, and being approximately 0.892 acres situated in REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 13 the Samuel Freeman Survey, Abstract No. 525, and the Thomas Easter Survey No. 474. Current zoning is "C-2" Local Retail Commercial District. Owner and Applicant: Liberty Bank. SPIN Neighborhood//7. Karen Gandy, Zoning Administrator, stated five (5) notices were sent to property owners within the 200' notification area and no written responses have been received. The applicant has met all the items in Plat Review Summary No. 1 dated November 15, 1996, with the exception of those items in the Plat Review Summary No. 2 dated January 3, 1997. Motion was made to approve ZA 96-149, subject to the Plat Review Summary No. 2 dated January 3, 1997, with the cross access easements as approved. Motion: Fawks Second: Martin Ayes: Fawks, Martin, Harris, Evans, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item/fT-H. ZA 96-151. Site Plan for the Village at Timarron. Phase I ZA 96-151, Site Plan for the Village at Timarron, Phase I, being proposed as Lot 3, Block 60, Timarron Addition, Phase 5, and being legally described as being a portion of Lots 1C2 and Lot lB2, Block 1, Dilg Place, and being approximately 3.50 acres situated in the Obediah W. Knight Survey, Abstract No. 899. Current zoning is "P-U-D" Planned Unit Development District being P.U.D. No. 1, Timarron and permitting "C-2" Local Retail uses on this site. Applicant: Venus (Drews) Partner V. L.P. Owner: Timarron Land Corporation. SPIN Neighborhood//9. Karen Gandy, Zoning Administrator, noted that six (6) notices were sent to property owners within the 200' notification area and no written responses have been received. It was noted that the Planning and Zoning Commission approved this item (6-0-1) on December 19, 1996, subject to the Plan Review Summary No. 1 dated November 27, 1996, amending Item//2 (Required bufferyard and plantings) deleting required bufferyards adjacent to Lot 2 shown as Phase III and adjacent to Lot 4 shown as Phase II; deleting Item//4a (maximum allowable width); deleting Item //6 (building slope line encroachmen0; annotate Item//11 (label all side and real building lines) rear of building//4 to face south property line of Lot 3, designating a 10' rear building line along the south line of Lot 3 adjacent to building//4. John Drews, Developer, was present to answer questions of Council. PUBLIC HEARING resulted with no comments from the audience. Motion was made to approve ZA 96-151, pursuant to the Site Plan Review Summary No. 1, dated November 21, 1996; deleting the required bufferyard between Phase 1 and 2; deferring the bufferyard between Phase 1 and Phase 3 until the Site Plan for Phase 3 is submitted; deleting item REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 14 //6; following the recommendation of the Planning and Zoning Commission on item//11, rear of the building and item//16 articulation; and accepted as submitted. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-A. Ordinance No. 480-219. 1st reading (ZA 96-124) Ordinance No. 480-219, 1st reading (ZA 96-124), Rezoning and Concept Plan for Crestwood Office Park, being approximately 3.5083 acres situated in the W.W. Hall Survey, Abstract No. 695, being a portion of Tract 3D as recorded in Volume 8564, Page 285 D.R.T.C.T. Current zoning is "AG" Agricultural District with a requested zoning of "S-P-2" Generalized Site Plan District with "O-1" Office District uses. Applicant: M & M Group, Inc. Owner: CFNVESTS Southlake J.V. SPIN Neighborhood//10. Karen Gandy, Zoning Administrator, stated five (5) notices were sent to property owners within the 200' notification area and one (1) response has been received, from: Juergen Strunck, P.O. Box 92685, Southlake, opposed--- (I am opposed until some of my questions concerning this request have been satisfactorily clarified). David McMahan, 1335 Hidden Glen, Soutblake. Mr. McMahan is representing M & M Group, Inc., and explained the last tabling, referencing the parmers in his group. He is the representative of the entire group and stated the City does not owe them any corner. He noted there have been no changes since the last tabling. He stated he will save as many trees as possible while developing this property. PUBLIC COMMENTS: Juergen Strunck, 200 North Carroll Avenue, Southlake. Mr. Strunck requested a privacy wall between this property and his property. He stated Mr. McMahan has tried to address his concerns, and if all the developers worked like McMahan, there would be many happy citizens in Southlake. He stated he feels it is the utility companies that kill off the trees. Mayor Pro Tem Evans thanked Mr. Strunck for his comments. Councilmember David Harris stated under Resolution No. 95-24, zoning issues cannot be addressed past 11:00 p.m. and he feels Council would be stepping out of line if they vote on this item. He asked for this resolution to be placed on the next City Council agenda whereby Council can readdress this issue, as Council is bound by this resolution until it is repealed. City Attorney, E. Allen Taylor, stated this resolution is not as clear as he would REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 15 like it to be. Mayor Stacy commented the City Council is not slighting anyone by going forward. The applicant wants it to go forward as does the property owner who responded by letter and in person and due to this being a first reading of an ordinance. Motion was made to approve Ordinance No. 480-219, 1st reading, subject to the Concept Plan Review Summary No. 3, dated November 15, 1996; modifying the required fifty foot set-back to forty foot setback; deleting item #3-A; amending item #3B allowing a "right in, right out, left out" driveway on Carroll Avenue; deleting item #3-C; and adding that the fence style shall be an eight foot stockade shadow box type fence along the north property line; and including the indemnification agreement to be provided by the applicant in this matter as discussed by Councilmember Harris and agreed to by the applicant. Motion: Martin Second: Harris Mayor Stacy read the caption of the ordinance Ayes: Martin, Harris, Evans, Fawks, Stacy Nays: Muller, Moffat Approved: 5-2 vote Agenda Item #8-B. Ordinance No. 480-225. 1st reading (ZA 96-150~ Ordinance No. 480-225, 1st reading (ZA 96-150), Rezoning and Site Plan for the Children's Courtyard, on property described as approximately 3.207 acres situated in the R.J. Paden Survey, Abstract No. 1255, and being Tracts lA and 1Al. Current zoning is "AG" Agricultural District, with a requested zoning of "S-P-l" Detailed Site Plan District with varied "C-2" Local Retail Commercial District uses. Applicant: Realtex Ventures, Inc. Owners: Lila M. Pinson (Tract lA) and Lloyd Martinson (Tract 1Al). SPIN Neighborhood #13. Motion was made to table Ordinance No. 480-225, 1st reading at the request of the applicant. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item #8-C. Ordinance No. 480-211. 1st reading (ZA 96-90~ Ordinance No. 480-211, 1st reading (ZA 96-90), Rezoning and Concept Plan for Shady Oaks Centre (formerly presented as Southlake Professional Plaza), being approximately 2.95 acres situated in the Hiram Grandberry Survey, Abstract No. 581, Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, Texas. Current zoning is "AG" Agricultural REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 16 District, with a requested zoning of "O-1" Office District. Owner: Marvin C. Kennedy Applicant: Larry D. Flynn. SPIN Neighborhood//14. Motion was made to table Ordinance No. 480-211, 1st reading until the next meeting. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Aeenda Item #8-D. ZA 96-156. Revised Preliminary Plat for Timarron Addition. Phase ZA 96-156, Revised Preliminary Plat for Timarron Addition, Phase 5, being 23.82 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being Tract 2A5, portions of Tract 2A3, 2B, and 5D, and portions of Lots 1 and 2 of Spring Creek Acres. The plat proposed 58 residential lots, and 2 common areas. Current zoning is "R-P-U-D No. 1" Residential Planned lJnit Development. Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood//9 and //10. Karen Gandy, Zoning Administrator, noted in a letter from Todd M. Janssen, Carter and Burgess, the reason for the revised preliminary plat for Timarron Addition, Phase 5 is "the purpose of this revision is to reconfigure several streets and lots within the subdivision in order that a number of specimen oak trees will be preserved. This reconfiguration results in a reduction of 9 lots within this subdivision.' Todd Janssen, Carter and Burgess, Dallas. Mr. Janssen was present and stated he reviewed the Staff Review Letter No. 1, dated December 3, 1996 and confirmed the reason for the revision is to save trees. Motion was made to approve ZA 96-156, pursuant to the Staff Review Letter No. 1, dated December 2, 1996, deleting item//6. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote ARenda Item #8-E. Ordinance No. 668.1st readine Street Name Chance Greg taat, Director of Community Development, led the discussion with regard to Ordinance No. 668, 1st reading, changing a street name from Ravenaux Drive to Countryside Court, as requested by the Countryside Bible Church in a letter dated December 20, 1996, which read, "as you are REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 17 aware, the portion of Ravenaux Drive where our property is located needs to have it's name changed for public safety reasons. Currently we are the only property owners on this portion of the street with occupied facilities although the Christian Men's Network is preparing to build their new facility. ~ The letter went on to say, "We have met with officials from the Christian Men's Network and both organizations formally request that our portion of Ravenaux Drive be renamed to Countryside Drive. We attempted to come up with a list of alternative names, but both groups agreed that Countryside Drive was our first and currently our only choice. ' Mr. Last recommended the filing fee of $100 be waived by the City. Motion was made to approve Ordinance No. 668, 1st reading, changing the street name from Ravenaux Drive to Countryside Drive, waiving the $100 filing fee. Motion: Fawks Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote ~genda Item #10-A. Award of Bid for Depository Services According to Lou Ann Heath, Director of Finance, the City's depository contract with Texas National Bank Southlake expired September 30, 1996. By letter agreement they will honor the provisions of the expired contract through March 1, 1997 or until a new contract is awarded to a depository successor. Aeenda Item #2-A. Executive Session. continued Mayor Stacy advised the audience the Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, to seek the advice of the City Attorney as to the posted subject matter of this City Council meeting. Council adjourned for executive session at 12:00 a.m. Council returned to open session at 2:10 a.m. Agenda Item #10-A. Continued Curtis Hawk, City Manager, sUtted in October, 1996, the City entered into a consulting agreement with Ben Arvizu of Arvizu Financial Group to assist the City in its selection of a depository institution. The bid specifications stipulated an initial three year term, with an option to extend an additional two years. The bids were evaluated based on several criteria: 1) ability to perform REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 18 and provide the required and requested services; 2) cost of banking services; 3) completeness of the bid: 4) funds availability; 5) interest rates paid on accounts, deposits, and investments; 6) earnings credit on account balances; 7) financial strength; 8) convenience. The bids included required services, or the types of services that the City currently uses, plus "additional services," which are services that the City anticipates using during the term of the contract. On December 13, 1996, the City received bids from nine (9) financial institutions for depository services. Mr. Arvizu has prepared a Depository Bid Analysis dated December 30 which includes a summary of bank service costs. Based on the analysis, Texas National Bank Southlake provided the lowest cost bid for the required and additional services at $15,409 for the three year period. Curtis Hawk commented, as pointed out in the packet, Texas National Bank did not submit the bid bond as a part of the bid, but in the specifications. The City did specify that we would make the award of the bid based on the best financial advantage to the City. Also, the public notice stated the City Council has the right to either reject the bids or waive any informalities. Based on the numbers presented to staff, we feel the bid from Texas National Bank Southlake is the best financial advantage to the City and recommend the Council approve Texas National Bank Southlake as the depository service. Motion was made to waive the formality of the submission of the bid bond and accept the recommendation of the consultant, and that of the City Manager, and accept Texas National Bank Southlake as the depository for the City. Motion: Harris Second: Evans Ayes: Harris, Evans, Muller, Martin, Stacy Nays: Moffat, Fawks Approved: 5-2 vote Aeenda Item #11-A. Discussion: 1997 CDBG Annlication This item was not discussed during this meeting due to the late hour. A~enda Item #12. Adjournment Mayor Rick Stacy adjourned the meeting at 2:10 a.m. a fo Puc StacF---"' REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 19 ATTEST: City Secretary D :\WP-FILES\CC- 1-7-9.MIN REGULAR CITY COUNCIL MINUTES OF THE 1/7/97 MEETING PAGE 20 - • • • • • - . - • - - - - - . - • . - - . - • - - - - - - . .. - _ . - - • - - • - . -- .-•••••,:a amaa•abraa..c., .-----■.— -.■ - 7 ---- r . / I \ \ . . / / 1 / . - % , ' • / / • \ ..- / & /- A c i ' 5 ) ti, / • / / \ / / / / \ / . • \ \ \ I \ • -\ \\\/ \ / \ / • / • / % - , I V , \ i . \ N t I i . 1 \*)\ 1 // A . / / / / 4 / / / , \s, / / \ \ // / // 7 ^‘,/ \ / \I / /7 < \ \ N \ \ \ \ I . \ \/2\ • \ \ \ ,,, \ \ . . / \ \ ... / \ \ \ • L E. GE NO LINE OF S { 83' ROW PLAN VIEW BASITOr4-ASCHMAN Assoc/AI INC. 1--..-•-■-.. GI P AV:SC:NS TR t45004 TAT/Ow CA 0,4 • .-..--...- Rialto Development - Soutntake Town - n Center / 4 -7 , . /I , . > ., ----7--- N / , �/ ; 4 / Y % I /�/ i N. � \ \\ / 1 / / / �� I / '. / 7 \ \ .z.5/2 / ' '...` 1 \ 2 / i ` 1/C54 \ 1 IN:?./.4. I . i� />‘;>'4-/)// \ j \ 1 /. /< \ \\ • , / / �� . . / / / •, / \ 1 / / / /// /'/ _ . i Alk LEGENC; - - LINE, or 5!GHT • 70` ROW PLAN VIEW __ _ — _,_,_ _, BARTDN-ASCHM ASSOCIATES- INC. FAFISO•.s •RN.seCaTAT:ora g QUO tii Rioko Development • Southloke - Town Cer.er _ r- ��.... �. - - - / _ ; _� / / ' I / / / A , / .. ! • /,( :! r r r`: r / /// / / 7/ / / /�- / ; ' Y // % / �' / // • ` �` ../ / j``/ / • \ `\ • \ ti) //\ // / / // I ` /' 1 / ' / / , \ / !! / Vic. �� ` / / --, \ . \ \ \ ' / �� '/� �' �// // , />„ ;12 //// • / /7' / / ,e _ ______ LEGEND: - — ^-.._ ONE OF SIGH 60' ROW PLAN VIEW L____________ .. BARTON- ASCHMAN ASSOCIATES, !NC. E e.ux:cys TRwY.SPORTAr.G^, C4.9�_r Riolto Development - South;oke Town Center - lJ _ / T_ - . / �' / / / A / , / / //, �' i "..\\ \ / / / �c ,1/4 // \ . N J i l '" >. > 1 \ /. 7 7 / / / ;,*". * / / X',, �� \\ \ // / / `V \ \`\ / / /� \ I c3' 1 (//' ; / / • / f / // ,,,,x-- 7 - , / // - / ,/:;',7 LECENo. — — LINE OF $ GHT L........____ 52' ROW PLAN VIEW EART_ON- ASCHMAN ASSOCIATES. INC. E p. �,c,s TKA GRJV? Rialto Development - South'c.ke town Censer ..._.... ._.r.- .............�- J am... --- - .a..�.�z.,•.r _..__..�.. -- -i i 1 FM 1709 OR SH 114 ---------------.....„„i --1- I 1 1 I . I 1 i n I c) I of II I f , f LEGEND: a S'T TFiiANCLE FIGURE 7A. SIGHT TRIANGLE DIAGRAM eARTQN ASC1- isrtAN ASSOCIATE ;. 'tic. - - .. .. uwarswwVSwwwsrs w••- L. _...... ^ •i.164NL , A.V.tor. , 11A ZIN ViS Riotto Development - Southtoke Town Center - CONTENTS BACKGROUND INFORMATION I. Introduction II. Project Location And Description III. Existing Site Conditions IV. Zoning /Land Use Recommendations V. Development Concepts VI. Engineering Analysis VII. Conclusion VIII. Exhibits Exhibit B- 1 - Map of Neighboring Property Owners Exhibit B- 2 - Topo Survey and Existing Site Conditions Exhibit B- 3 - Existing Drainage Area Map Exhibit B- 4 - Proposed Drainage Area Map Exhibit B- 5 - Major Utility Plan Exhibit B- 6 - Aerial.Photograph DEVELOPMENT REGULATIONS I. Development Regulations II. Exhibits Exhibit DR1 - Survey and Legal Descriptions Exhibit DR 2 - Concept Plan ,, :\,,' \,{) )''') , Y P.U.D. Submission pudjan.wpd January 7, 1997 City of Southlake ___... -- ' 1 BACKGROUND INFORMATION INTRODUCTION Rialto Development L.P., a Texas limited partnership has submitted this report in application for the rezoning of approximately 109 acres of land, comprising a portion of a total approximately 131 acre site generally bounded by S.H. 114, East Southlake Boulevard (F.M. 1709), and North Carroll Avenue in the City of Southlake, Tarrant County, Texas. The zoning request is for a change from C3 General Commercial District to a Non - Residential Planned Unit Development (NR -PUD) for C3 uses. The address for the applicant is: RIALTO DEVELOPMENT, L.P. 1723 E. Southlake Blvd. Suite 110 Southlake, TX 76092 Telephone: 817/329 -8400 Facsimile: 817/251 -8717 The subject property is comprised of two tracts of land. The eastern tract is approximately 60 acres (of which approximately 58 acres are included in this PUD application) and is currently owned by Carol Jean Peterka, Lorrie W. Beck and Leslie W. Klingman. The western tract is approximately 71 acres (of which approximately 51 acres are included in this PUD application) and is currently owned by The Fechtel Group, a Texas general partnership. The two owners have formed joint ventures with affiliates of Rialto Development for the coordinated development of the property. The addresses for the owners are: TRACT A: (Western Tract) FECHTEL GROUP (partnership) General Partners ALICIA MARIE FECHTEL CHARLES JOSEPH FECHTEL c/o Mr. and Mrs. Joe Fechtel 6611 Stichter 3540 Colgate Avenue Dallas, Texas 75230 Dallas, Texas 75225 214/987 -4992 214/368 -8112 P.U.D. Submission pudjan.wpd January 7, 1997 City of Southlake 2 MARY LOUISE LOGAN JOHN RANDOLPH FECHTEL 10515 Castlegate Drive 7309 Hillview Dallas, Texas 75229 -5102 Plano, Texas 75025 214/352 -6646 214/517 -2955 MARGUERITE ELIZABETH FECHTEL JAMES MILTON FECHTEL 200 West Highland 4214 San Carlos Southlake, Texas 76092 Dallas, Texas 75205 817/481 -9742 214/522 -6875 TRACT B: (Eastern Tract) CAROL G. PETERKA LORRIE W. BECK 121 Bow Street, Unit 2 1713 Bridgehampton Pl. Portsmouth, New Hampshire 03801 El Cajon, California 92019 603/427 -0278 619/447 -0557 LESLIE W. KLINGMAN 4020 Montwood Lane Dallas, Texas 75229 214/351 -2307 This report is provided to fulfill and expand on the Planned Unit Development Requirements of Section 30 of the City of Southlake Zoning Ordinance, which section lists the requirements for Planned Unit Development (PUD) applications. The PUD application has been submitted with a Concept Plan meeting the requirements of Section 41 and Section 30.7.2.b of the Zoning Ordinance. P.U.D. Submission pudjan.wpd January 7, 1997 City of Southlake 3 The Concept Plan was prepared by, and in consultation with, the following professionals: GRAHAM ASSOCIATES, INC. DAVID M. SCHWARZ Consulting Engineers & Planners ARCHITECTURAL SERVICES, INC. W. Jeff Williams David M. Schwarz Charles F. Stark Michael Swartz 616 Six Flags Drive, Suite 400 600 Texas Commerce Bank Tower Arlington, Texas 76011 201 Main Street Telephone: 817/640 -8535 Fort Worth, Texas 76103 Telephone: 817/339 -1133 NEWMAN, JACKSON, BIEBERSTEIN, BARTON - ASCHMAN INC. Transportation Landscape Architecture Rod Kelly Urban and Development Planning Jody Short H. Roland Jackson 2630 West Freeway, Suite 132 Melanie Vanlandingham Fort Worth, Texas 76102 Banner Place North Telephone: 817/877 -5803 12770 Coit Road, Suite 210 Facsimile: 817/877 -3214 Dallas, Texas 75251 Telephone: 972/233 -2033 Facsimile: 972/233 -2022 JENKENS & GILCHRIST, P.C. Legal Susan Mead Myron Dornic 1445 Ross Avenue, Suite 3200 Dallas, Texas 75202 Telephone: 214/855 -4500 Facsimile: 214/855 -4300 P.U.D. Submission pudjan. wpd January 7, 1997 City of Southlake 4 II. PROJECT LOCATION AND DESCRIPTION The property is an approximately 109 acre site located in the City of Southlake, Tarrant County, Texas in an area bordered by the following thoroughfares: State Highway 114 on the north; F.M. 1709 on the south; and North Carroll Avenue on the west. A legal description and boundary survey of the property are provided on the Survey. P.U.D. Submission pudjan.wpd January 7, 1997 City of Southlake 5 III. EXISTING SITE CONDITIONS The site consists of rolling topography with slopes of 2 -8 percent over the majority of the site. The drainage ways provide some steeper sloped areas, and one large tree covered hill creates a distinctive promontory. The site vegetation consists primarily of grasslands, with clusters of trees (primarily oak trees) covering the remainder of the site. The site is predominately at the top of the respective drainage basin to structures in S.H. 114. Another drainage basin flows to the existing structure in F.M. 1709. The remaining basin sheet flows to the adjoining property on the east as sho wn on the Existing Drainage Area Map. P.U.D. Submission pudjan.wpd January 7, 1997 City of Southlake 6 IV. ZONING /LAND USE RECOMMENDATIONS The existing zoning for the subject tract is C3 - General Commercial District. Existing land uses are predominantly agricultural. The proposed land use designation for the site is Mixed Use, as shown in The City Land Use Plan. The existing zoning and land use recommendations for the site and for adjacent tracts is as shown on the Concept Plan. The proposed land use designation pursuant to the Corridor Overlay Study is "Village Center." Per the Corridor Overlay Study, it is intended that a mixed use Village Center be encouraged between S.H. 114 and F.M. 1709 east of North Carroll Avenue that will provide a focus for the community. It may include retail and office uses as well as cultural, civic and recreational uses. Property within the Village Center is to be used for any purpose allowed in the underlying zoning district, in general conformance with the following land use classifications: CS, HC, 0-1, 0-2, C -1, C -2, C -3 and C -4. The proposed zoning is for a Non - Residential Planned Unit Development (NR -PUD) w ith limited C3- General Commercial District Uses, as defined in the Development Regulations . P.U.D. Submission pudjan.wpd January 7, 1997 City of Southlake 7 V. DEVELOPMENT CONCEPTS A. Town Center As the name implies, the Town Center project is intended to create a mixed use retail and office commercial center laid out in a traditional downtown manner. Buildings will be organized around a modified grid framework of streets. One of the central elements of the grid will be a "city" block of open space dedicated to a traditional and formal "town square". The street network branches out from the town square to intersect with perimeter streets and highways at regular intervals. The street pattern is designed to be readily comprehensible and accessible to both the pedestrian and the driver. Block sizes will transition from smaller block sizes closest to the town square, to larger block sizes along S.H. 114. Accordingly, it is intended that larger C -3 uses be located along S.H. 114, while smaller scale C -3 uses will be concentrated nearer to the town square area. To provide easy access to commercial establishments, and to provide a buffer between traffic lanes and sidewalks, interior streets will be constructed to provide for parallel and /or angled on- street parking. Traffic controls will be employed to slow traffic and to provide for adequate sight distances. Additional parking will be provided at the interior of blocks (behind buildings). Another key element of the Concept Plan is the inclusion of a large (approximately 6 acre) park on the F.M. 1709 frontage located along the eastern portion of the property. This park will retain the majority of existing tree cover on this portion of the site and be primarily native Texas in both form and substance . Buildings will a d d e s s f a c e the street : - - : - . . . • :.- - • . - • • .. • .:. - • • : • - and sidewalks will be provided between the street and building face. Ground floor retail spaces will have storefront pedestrian entrances along the sidewalk. B. Uses The requested non - residential planned unit development is intended generally to permit limited C -3 General Commercial District uses while establishing development regulations appropriate to creating a pedestrian oriented "downtown" environment, to include outdoor dining and seating areas, urban design elements, street fixtures, and structured parking sufficient to support the uses therein. P.U.D. Submission pudjan. wpd January 7, 1997 City of Southlake 8 • C. Development Regulations Development regulations are intended to allow the creation of a town center whose form is based upon the traditional small town commercial district. The design concept is intended to allow for generous ground story floor to ceiling heights to accommodate a mix of retail and office uses. Consistent with traditional small town commercial districts, and in order to create a lively and varied pedestrian oriented streetscape, building fronts may be located adjacent to the edge of the sidewalk and most buildings within any block may abut each other without intervening sideyards. D. Landscaping and Screening The landscape and screening requirements for a "downtown" as contemplated by the P.U.D. are different than those contemplated under current ordinances. Specific criteria, including modifications or revisions to current ordinances and any other applicable rules and regulations shall, except as otherwise noted herein, be left open until more is known as to the specifics of site planning and building layouts. Specific rules and regulations regarding landscaping, including appropriate bufferyard and screening requirements, shall be determined at the time of development plan or site plan review, as determined by the City Council. In combination, the development standards and the requested modifications will promote the urban design objectives of the town center concept. P.U.D. Submission pudjan.wpd January 7, 1997 City of Southlake 9 • VI. ENGINEERING ANALYSIS The engineering analysis for the project shall be performed by registered engineers, licensed in the State of Texas. The project infrastructure shall be designed to create safe, functioning street, drainage, and utility systems that contribute to the quality of the development. The following represents the engineering analysis of the infrastructure issues. A. Street Analysis The proposed street system consists of local non - residential streets shown on the Concept Plan. The system includes the proposed relocation of North Carroll Avenue north of F.M . 1709 in accordance with the most recent proposed realignment of Carroll Avenue provided by the City. B. Drainage Analysis The site of Southlake Town Center lies within four drainage basins with natural slopes conducive to drainage. The overall storm sewer drainage plan will include the design of a system to collect the runoff from a 100 -year frequency storm event and route the discharge to detention basins before being released to existing drainage structures under S.H. 114 and F.M. 1709. Detention is required for each drainage basin in order to keep peak runoff from exceeding the capacity of the existing drainage structures. It is assumed that any drainage basins contributing runoff to this site and /or the outfall structures also will be required to detain runoff when developed. Drainage Basin 1 requires a basin to detain the difference from the runoff of a 100 -year frequency storm event and the allowable runoff based on the capacity of an existing drainage structure consisting of a 60 " R.C.P. The allowable runoff from the site was computed as a percentage of the total capacity of the drainage structure because off -site areas also contribute runoff. Drainage Basin 2 requires a basin to detain the difference between a 100 -year storm frequency runoff and the capacity of an existing 4'x3' R.C.B.C. drainage structure. Drainage Basin 3 also requires a detention basin and is similar in nature to Drainage Basin 1 because off - site areas, mainly the runoff from F.M. 1709, contribute to the existing 2 - 6'x3' R.C.B.C. drainage structures. Drainage Basin 4 will require a detention basin to detain the difference of runoff between existing and proposed conditions. The detention basins required may consist of normally dry or wet detention, and parking lot detention or a combination of any of these. These detention basins will ensure that no negative effect occurs to downstream and surrounding properties. P.U.D. Submission pudjan. wpd January 7, 1997 City of Southlake 10 C. Water Distribution Analysis The proposed water distribution analysis shall consist of a 12" water line to be constructed along the frontage of S.H. 114 and F.M. 1709 along with an internally looped 8" water line. The system shall be supplemented with 8" water lines. A 20" water line is proposed by the City on the south side of F.M. 1709, which will not be directly tapped into by this development. D. Sanitary Sewer Collection System Sanitary sewer lines exist in F.M. 1709 and in North Carroll Avenue. Internal sanitary sewer lines shall be constructed to gravity flow to North Carroll Avenue in the southern portion of the site. The northern portion of the site may require a lift station to service the area depending on the final grading of the site. The northern internal sanitary sewer lines are proposed to connect to the existing line in F.M. 1709. P.U.D. Submission pudjan.wpd January 7, 1997 City of Southlake 11 VII. CONCLUSION The property is uniquely situated along the two primary east/west perimeter thoroughfares through the City. This presents the opportunity to create an exciting, and accessible, co mmercial mixed -use town center for the City of Southlake. The rezoning request will allow development to occur in a manner that will work efficiently for pedestrians and automobiles. At the same time , it will create an enjoyable high quality environment which in turn will promote a genuine and lasting sense of community by providing a gathering place for city-wide activities and events. Adoption of the proposed PUD is requested to facilitate these objectives. P.U.D. Submission pudjan. wpd January 7, 1997 City of Southlake 12 DEVELOPMENT REGULATIONS In this P.U.D., the following development regulations and standards shall be applicable and shall control to the extent of any conflict with other development regulations in the Comprehensive Zoning Ordinance, Landscape Ordinance and Subdivision Ordinance. 1.0 Use Regulations a. Permitted Uses - Permitted uses shall be in accordance with the C -3 Zoning District except as otherwise provided below. b. Non - Permitted Uses: The following uses shall not be permitted: Filling stations or service stations, operating with or without a convenience store. Such use may offcr gasolinc, oil, grcasing and acccssorics, and may contain a small car wash facility, but may not includc fcndcr or body rcpairs, mcchanical scrviccs, rcar -cnd, transmission or cnginc ovcrhaul. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. Sexually oriented businesses. c. Uses Permitted by Specific Use Permit Only: The following uses shall not be permitted without a Specific Use Permit approved in accordance with Section 45 of the ComprchcnsizcComprehensive Zoning Ordinance ( "Specific Use Permit "): Sale of previously owned retail goods. Electrical and gas repair and installation services, except where such services are provided incidental to the retail sale of electrical and gas appliances and supplies. Lodges, sororities and/or fraternities. pudxjan2.wpd. Development Regulations January 7, 1997 (4:42pm) DR -1 Medical care facilities requiring or allowing an overnight stay, to include 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. Plumbing and heating appliance repair and installation services, except where such services are provided incidental to the retail sale of plumbing and heating appliances and supplies. All storage of materials must be indoors within this zoning district. d. Outdoor Displays and Sales - The following outdoor displays and sales shall be permitted: 1. Outdoor temporary removable displays and sales for fairs, festivals and other special events held in outdoor spaces by Specific Use Permit. 2. Outdoor vendor sales (with accessory display and storage) in temporary or movable structures, including but not limited to sales of seasonal merchandise, fruit and vegetable market sales, sales of arts and crafts items, sales of specialty food items, and sales of a similar nature, subject to prior approval as to any such use by Specific Use Permit. Locations for outdoor vendor sales shall be approved as part of development plan or site plan review, as determined by the City Council. 3. Sales from kiosks at locations approved as part of an approved development plan or site plan, subject to prior approval as to any such use by Specific Use Permit. 2.0 Accessory Uses - Permitted accessory uses shall be in accordance with the C -3 district. In addition, the following accessory uses shall be permitted: outdoor dining and seating areas street furniture, urban design fixtures and streetscape components 3.0 Development Regulations - In this P.U.D., the following development regulations shall be applicable: pudxjan2.wpd. Development Regulations January 7, 1997 (4:42pm) DR -2 . 1 ' a. Building Height: Subject to the clarifications and modifications listed below, no CO building shall exceed three (3) stories, nor shall it exceed fifty -two (52) feet in height: 1 1. The reference datum shall be established by the sidewalk or ground surface elevation along the side of the building fronting onto a public I right -of -way, and not along the side(s) of the building facing onto interior portions of the block. P2. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right -of -way, a maximum building height of fifty -seven (57) feet 1 shall be permitted. 3. In the event a Building for a City Hall facility is located on the block 1 bounded by Street 3, Street D, Street 4 and Street C, such building may be built to four (4) stories or sixty -five (65) feet in height; 1 4. No maximum number of stories shall be applied to parking structures; provided, however, in no event shall parking structures exceed forty-two I (42) feet in height as measured from the ground elevation; provided, however parking structures shall be permitted to a height not to exceed fifty (50) feet by Specific Use Permit; 1 5. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, I towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or I 100% over the actual building height, and shall be exempt from the maximum elevation limitation of Section 43.9.c.1(g)i. of the omprehensive Zoning Ordinance; .. N, -nthouses entilation equipment, antennas, chimneys, exhaust stacks and , , ' l�" flues, fire sprinkler tanks, or other mechanical equipment may extend up I to twenty (20) feet above the building height, and AO , provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) are setback from all exterior walls a t � I ' q y distance at least equal to the vertical dimension that such item(s) extend(s) r above the actual building height, or 2) the exterior wall and visible roof I surfaces of such items that are set back less than their vertical • • - •n . 9 Al pudxjan2.wpd. ` R r . Development Regulations E 0 c\ 1 .,1 ' i ,.-' Alt January 7, 1997 (4:42pm) A , \ - , 1} \ DR -3 ` r t u ' I j i 1 Cv N 1,10:0 b. Up to twenty -five percent (25 %) of required parking may be compact spaces � having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on- street and shall be limited to off - street parking locations. Each compact space shall be clearly designated. c. Required parking shall be located and maintained any tie'e within €rvc hundrcd (500) fcct of the buildittg-sereetTatA. On- street parking and shared parking anywhere i within - - ..:. - . :: - - .. - - the YP U D.; may be counted toward the off - street parking requirement for that usethe P U.D. d. Where on- street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty-five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on- street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. e. The parking requirement for office uses set forth in Sections 35.6.b(6)(a), (c) and (d) of the Comprehensive Zoning Ordinance is one (1) parking space for 330 square feet of floor area. f. The parking requirement for all retail uses set forth in Section 35.5.b(5)(a) and (e) ,,, of the Comprehensive Zoning Ordinance is one (1) parking space for 220 square feet of floor area. g. Cumulative parking tabulations shall be submitted with each site plan and/or development plan. 6.0 Off - Street Loading: With the following exceptions, off - street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: a. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space b. The calculation of the minimum number of off - street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: 1. Number of spaces: Office Uses or portion of building devoted to office uses: pudxjan2.wpd. Development Regulations January 7, 1997 (4:42pm) DR -7 ,. above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Section 3.a.3. b. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard is required: 1 1. Buildings along Highway 1709 and the east right -of -way of North Carroll Avenue shall maintain a minimum thirty-two (32) foot setback; provided, E however, in areas where ght„ofway is madeprovided for acceleration or deceleration lanes, the minimum reguhententrequi d setback shall be reduced to twenty (20) feet; providcd, further, that in no lcss than twcnty (20) feet. In the event the North Carroll Avenue right - of -way has not been established at the time of development plan or site I plan review, the setback shall be maintained from the projected east right - of -way of North Carroll Avenue based on information available at the time from e r i i of Southlake. No service drives, ; g,ysidewalks greater 1 ,,i,i or other impermeable surfaces shall be permitted within the setbac erem providedi a > a �� um of 1 r „,40 ' ,..i. 1101 g F . M ! 1709 and North .:: m et ... , s.z'�d '' C o A` ue be less% �ent (20), feet. Ot ' i t 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right -of -way of State Highway 114; provided, however, in the event such right -of -way has not been established I at the time of development plan or site plan review, the setback shall be maintained from the projected right -of -way of State Highway 114 based on information available at the time from the Texas Department of 1 Transportation. 3. As to all other P.U.D. boundaries, no building shall be located closer than 1 fifteen (15) feet from the boundary of the P.U.D. c. Maximum Lot Coverage: The maximum lot coverage for individual lots is 1 100 %. However, the maximum aggregate lot coverage for all buildings as a percentage of the P.U.D. as a whole (including the area of dedicated public E streets, private drives and common open space) shall not exceed fifty -five percent (55 %). E pudxjan2.wpd. Development Regulations January 7, 1997 (4:42pm) illtatrol DR -4 d. Building Envelopes: Where "Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown wi i. x . i eclfic U 1,.. itt e ii ' .,:,y b e`er .., ent plan r sit ' e. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City 1 Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by F.M. 1709 to the south, Street "5" to the north, Street "C" to the east and Street "D" to the west. f. Building Orientation: Any Building (excluding parking garages and other accessory buildings) within one hundred fifty (150) feet of a public right -of -way shall either face such right -of -way or shall have a facade facing such right -of -way in keeping with the character of the main facade. 1 g. Building Phasing: Buildings adjacent to F.M. 1709 and North Carroll Avenue, as well as those buildings facing the 3 block "Town Square" district (defined as ' that latlarea bounded by F.M. 1709, Street C, Street U treet;D; xelu� drn � �t o� . � �. �1y Stre et D Stree 4 L and O,. a d. ttedL) shall be constructed prior to the construction of any above- ground structured parking behind such buildings. h. Facade Articulation: Any combination of buildings which are located along a single block face may be treated as a single building for purposes of applying the requirements for facade articulation set forth in Section 43.9c.1(c) of the Comprehensive Zoning Ordinance. The property owner shall provide an exhibit as appropriate with each building permit showing cumulative block facade articulation. Nothing in this paragraph shall require the retrofitting of an existing building. 4.0 Projections into Required Setback or into a Right-of-Way: The followin projections Projections 9 following J shall be permitted into a required setback or landscape area or into a public easement or right -of -way, provided that i) no projection shall be permitted into a public easement or right -of -way along F.M. 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non - injurious manner: pudxjan2.wpd. E Development Regulations January 7, 1997 (4:42pm) DR -5 a. Ordinary building projections, including but not limited to water tables, sills, belt "' courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection, :.:.' - - .• . : •.- ;. _ - . . bttelt-4-ettrit. 1 b. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. c. Architectural Projections, including bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-two (42) inches , - • • - - • - : - - - - into a required yard or beyond the building face. d. d. loo C} i r " a L ® ^% r y.. ` 24, h ; and o above ei :„17,16' , ) R -1101LIf a .. 1 e. Cana ° ege; ® 0.5 extend to, or be locate v . r o c b. out bpd supports for items •1 veddas part of dev ...., t plan or site hi *awl plan review deter#Ii#4 il. f Below -grade footings approved in connection with building permits. • • .. ..- • .. .. ey . 11 1 5.0 Off - Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): a. On- street as well as off - street parking shall be permitted within the P.U. D. pudxjan2.wpd. Development Regulations January 7, 1997 (4:42pm) DR -6 1