1997-06-03CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
JUNE 3, 1997
COUNCILMEMBERS PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans (arrived
at 9:40 p.m.); Deputy Mayor Pro Tem David Harris. Members: Scott Martin, Gary Fawks,
Wayne Moffat.
COUNCILMEMBER ABSENT: Pamela Muller.
STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager;
Darcey Imm, Assistant to the City Manager; Kevin Hugman, Community Services Manager; Lou
Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Ron Harper, City
Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator;
Shawn Poe, Engineer; Kim Lenior, Director of Parks and Recreation; Billy Campbell, Director
of Public Safety; E. Allen Taylor Jr., City Attorney; and Sandra L. LeGrand, City Secretary.
WORK SESSION: The work session was held to discuss agenda items by Council and staff.
INVOCATION: Deputy Mayor Pro Tem David Harris.
Mayor Rick Stacy called the Regular City Council meeting to order at 6:15 p.m.
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, Section 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 litigations~ 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 into executive session at 6:18 p.m.
Council returned to open session at 7:20 p.m.
No action was taken as the result of the executive session.
Agenda Item//3, Approval of City Council Meeting Minutes
Approval was given to the Minutes of the Regular City Council meeting held on May 20, 1997;
the Special City Council meetings held on May 26, and May 27, 1997 and the Regular City
Council meeting on May 27, 1997.
Motion: Harris
Second: Fawks
Ayes: Harris, Fawks, Moffat, Martin, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #4-A. Mayor's Report
Mayor Rick Stacy informed the audience that Councilmember Pamela Muller would not be present
at the meeting tonight as her father, Walter Muller, passed away on June 2, 1997. The Mayor
asked that we keep Pamela and her family in our prayers.
Mayor Stacy also referenced the following items during the Mayor's Report:
Announcement of the June Retreat to be held on June 10 and 11, 1997. On June 10, the
Carroll School Board will be meeting with Council at 6:15 p.m. The June 11 session will
begin at 8:30 a.m. ending at 8:00 p.m.
The Northeast Leadership Forum will hold a meeting on June 13, 1997 at 11:30 a.m. to
be held in the Library Conference Room at the City of Euless. The Mayor stated he will
be attending and invited other Councilmembers to also attend.
The final celebration of the 40th birthday of the City of Southlake will be held on
September 17, 1997. More information to come.
The Mayor stated he signed contracts today for improvements to Love Henry Court, Dove
Road from SH 114 to White Chapel Boulevard, and Continental Boulevard. He also noted
he and the City Manager met with Wes Held with TxDot this week, and he was assured
that Southlake roadway improvements on SH 114 cannot be far off schedule. The start
date is 1998 with completion by 2000.
Mayor Stacy stated the First Annual Carroll Education Foundation will be held on June
6 with a roast of Dale Hansen. The Mayor noted he will be attending and will serve as
the auctioneer.
A reception was held for Congressman Dick Armey last week, and was attended by
Councilmembers Fawks and Evans. The City Manager, Curtis Hawk, also attended.
Fawks noted this is the third event for Armey in our area in less than one year.
Regular City Council Minutes of the June 3, 1997 Meeting Page 2 of 16
Other items mentioned are the Carroll Bank Booster Golf Tournament; ground breaking
for Ebby Holiday at the corner of F.M. 1709 and Carroll Avenue; Summer Santa
program; and the MetroPort Meals on Wheels Golf Tournament.
Agenda Item #4-B. City Manager's Report
Curtis Hawk, City Manger, informed the public that Tarrant County will participate with
Southlake on two roadway reconstruction projects this year, including: North White Chapel
Boulevard from Dove Road to the Tarrant County line; and, Brumlow, from Continental
Boulevard to SH 26. The City will furnish the material and the County will furnish the labor as
outlined in the interlocal agreement.
Agenda Item #11. SPIN Report
Roger Hutton, SPIN #11 Representative, 1900 Shady Oaks Drive, Southlake. Mr. Hutton stated
he plans to participate in the SPIN annual review of boundaries for SPIN groups. He worked with
SPIN fl I neighborhoods in the solicitation of projects for public works for the upcoming year.
He expressed appreciation to Mayor Stacy and Councilmembers and staff for the time and
commitment they have with SPIN. He stated the City Manager's office is committed to SPIN and
it is greatly appreciated by all residents of Southlake. He noted he appreciates Karen Gandy,
which was his first encounter with city personnel.
Agenda Item #5. Consent Aeenda
Mayor Stacy stated agenda items #5-A, and #5-B, have been deleted from the Council agenda as
Council no longer plans to have an August Special Election, but rather will try to have the election
in November. The consent agenda consists of the following:
5-C. Park Project and Community Matching Fund Request Policy.
5-D. Award of bid for copiers for City offices.
5-E. Authorize the City Manager to execute a contract with Trammel Crow Companies for
paving repairs to Commerce Street.
5-F. Home Depot request for variance to the bufferyard requirements along SH 114 due to the
right-of-way acquisition by the Texas Depattment of Transportation.
Authorize the City Manager to execute a contract for waterline improvements and the
construction of a six-inch sanitary sewer line from 200 North Kimball Avenue to
approximately 600 fi. west of Westwood Drive.
Regular City Council Minutes of the June 3, 1997 Meeting Page 3 of 16
ZA 97-059, Plat Revision for Rucker's Hacienda De Gusto, for the proposed Lot 1, Block
1, Rucker's Hacienda De Gusto, being approximately 0.773 acres situated in the O.W.
Knight Survey. Owners: William and Zena Rucker. Applicants: Mike and Carol Rucker.
5-1. Resolution No. 97-41, Second extension to the moratorium on personal care facilities.
8-D. Ordinance No. 480-Y, 1st reading, Establishing regulations for personal care facilities.
8~E. Ordinance No. 483-G, 1st reading, Subdivision Ordinance (miscellaneous items).
10-A.
Developer Agreement for Foxborough Addition, located on the north side of East
Southlake Boulevard, approximately 1,140' west of the intersection of East Southlake
Boulevard and North Carroll Avenue.
Motion was made to approve the consent agenda including: item g5-c, g5-E, g5-F, g5-G, g5-H,
g54 (with the modification to show the moratorium extended for 45 days), g8-D, g8-E, gl0-A,
(with the addition of the requirement that construction traffic not be allowed through the
residential area and also, further providing that the credit for the easement sought in the Developer
Agreement be reduced from $18,000 to $14,000).
Motion: Harris
Second: Martin
Mayor Rick Stacy read the captions of Ordinance No. 480-Y (g8-D) and Ordinance No.
483-G (g8-E).
Ayes: Harris, Martin, Fawks, Moffat, Stacy
Nays: None
Approved: 5-0 vote
Mayor Stacy abstained from item g$-E.
Councilmember Scott Martin thanked Staff and the Planning and Zoning Commission for all the
hours spend on Ordinances No. 480-Y and 483-G.
Agenda Item g5-D. Award of Bid for Copiers for City Offices
Sam Yaple, President and Gary Stallings, District Manager, Keystone Information Management
Services, 8500 Stemmons Freeway, Suite 6077 Dallas, Texas. Both gentlemen were present from
Keystone Information Management Services, stating the bid for copiers for City offices was not
to form. They alledged they met the requirements of the bid for far less money. It was
determined that Keystone does not service their accounts. Mr. Yaple stated they work in a mixed
service environment and that Emory~Buddy is the company who services the copiers for them.
They noted Emory-Buddy has been in business since 1942 and are well known in Tarrant and
Dallas counties.
Regular City Council Minutes of the June 3, 1997 Meeting Page 4 of 16
Lou Ann Heath, Director of Finance, explained the reasons staff chose to go with
Lanier, adding, there were twelve bids with seven different vendors. She noted
we currently make 155,000 copies per month in the City of Southlake.
Motion was made to approve the bid for copiers as recommended by Lou Ann Heath, Director
of Finance.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Fawks, Moffat, Stacy
Nays: None
Approved: 5-0 vote
ADDITIONAL INFORMATION FOR CONSENT ITEMS
Project and Community Matching Fund Request Policy. The Park Board discussed a need
to develop a project policy to guide the Board and community groups in a standard process
for proposing and considering community projects in the parks. In March, SPDC set aside
$100,000 for matching funds for community-based projects in the parks. This combined
policy defines the matching funds as a dollar for dollar match.
There is an urgent need for additional copiers within the City. On May 13, 1997, bids
were received from seven vendors for copiers. The specifications requested three new
copiers, one for the Administration Building, an two for City Hall. The two existing
copiers at City Hall would be transferred to the Parks and Public Works buildings. The
specifications also called for the contracts on the existing copiers to be consolidated into
the pricing for the new units. The two lowest qualifying bids were submitted by Lanier
Worldwide, Inc. and Keystone Information Management Systems, Inc. The 1996-97
amount budgeted for copiers this year is $38,000. Two new copiers had been included in
the $38,000 budgeted amount because of the new Public Works building and the necessity
for an additional unit at the Administration building. An additional copier was added to
the bid so that an existing copyier could be transferred to the Parks and Recreation
Department. This would exceed the budgeted amount of $38,000 by approximately $950.
Contract with Trammel Crow Company for paving repairs to Commerce Street.
Commerce Street located in Commerce Business Park was built in 1986. A section of the
street has "failed" as it has been raised by an apparent defect in the base or sub-base
material. Commerce Street with the current increased development in the Business Park
is carrying a significant increase in traffic. The contract with Trammel Crow Company
to have their contractor L.H. Lacey reconstruct approximately 444 square yards of
Commerce Street is for a total estimated cost of $21,312. The funds are budgeted in
Streets and Drainage Division (144), Object Code 781.00 which has been designated for
maintenance.
Regular City Council Minutes of the June 3, 1997 Meeting Page 5 of 16
Home Depot request for variance to the bufferyard requirement along S.H. 114 due to the
right-of-way acquisition by the Texas Depatiment of Transportation. Staff recommended,
that the variance be requested, due to the taking of the additional right-of-way for the
improvements to S.H. 114 and based upon TxDot allowing the required landscaping to be
placed in the S.H. 114 ROW, to reestablish a 25-foot landscape buffer along S.H. 114, that
the variance be requested.
Contract for sanitary sewer improvements to construct a six-inch sanitary sewer line from
2171 East Southlake Boulevard to approximately 600 feet west of Westwood Drive. The
low bidder for this project is J.S. Constructors of Keller for $155,937. The bid consisted
of two units. Unit I is to establish a 6-inch sanitary sewer line. Unit II is to remove and
replace a section of the existing 12-inch water line to remove four 90 degree bends in the
water main. The 1997 Bonds included $160,000 for the sanitary sewer line.
Plat Revision for Lot 1, Block 1, Rucker's Hacienda de Gusto, 0.773 acres being a portion
of Tract 3 in Obediah W. Knight Survey, Abstract No. 899 and a revision of Common
Green No. 36, Block 12, Timarron Addition-Brenwyck, Phase 2. Owners: William and
Zena Rucker. Applicants: Mike and Carol Rucker.
Resolution No. 97-41, Second extension to the moratorium on personal care facilities
(assisted living facilities). For a period of forty-five (45) days, effective upon expiration
of the original one hundred and twenty (120) day moratorium and the sixty (60) day
extension thereof, no application for a permit shall be accepted and no permit shall be
issued for any assisted care living center in the City of Southlake unless an applicati on for
the permit was received by the City prior to the passage of the original moratorium or
unless the assisted care living center received planned unit development zoning approval
from the City Council. The purpose of this moratorium is to maintain the status quo
within the City until such time as proper regulations have been adopted with regard to
assisted care living centers.
8-D. Ordinance No. 480-Y, 1st reading, Establishing regulations for personal care facilities.
8-E. Ordinance No. 483-G, 1st reading, Subdivision Ordinance (miscellaneous items).
10-A.
Developer Agreement for Foxborough, located on the north side of East Soutldake
Boulevard, approximately 1,140" west of the intersection of East Southlake Boulevard and
North Carroll Avenue. Highlights of the agreement include:
Off-Site and/or Sewer Pro-Rata: The proposed Developer Agreement pertains to the
easements on three lots in the addition. In exchange for the easement, the Developer is
requesting the following items: 1) the sanitary sewer installed in these easements benefits
the neighborhoods and therefore, the cost will be the City's responsibility; and, 2) the City
not construct any manholes on any residential lot in the addition; and, 3) the City reduce
Regular City Council Minutes of the June 3, 1997 Meeting Page 6 of 16
the inspection fees as called for in paragraph I.G.I.a. by an amount of $15,000 which
equals the lost value of $5,000 per lot for "incumbering the affected lots with said utility
easements" his request has been added to Section 1 .G. 1.a. for better clarifications and,
4) the City will waive the Sewer Impact Fee of $1,000 per lot for the three lots impacted
by the easements.
Off-Site Drainage: The Developer will intercept and put in a drainage pipe for
approximately two lots north of Ownby Lane to manage the drainage from the west lots
of Southview Addition. The construction will be placed in an existing drainage easement
along the Southview lots.
Off-Site Water: Developer will install the required 12-inch water main along the addition
frontage on Southlake Boulevard. However, the commercial lot in the addition is
apparently owned by a third party, and the water main will not be extended across that
property unless the City request that it is to be completed and impose some type of pro-
rata on the commercial lot Developer to pay the cost upon commencing to build.
Park Fee: The 46.77 acre addition has 63 residential lots. Per Subdivision Ordinance No.
483, Article VII (Park and Recreation Dedication Requirements), the Developer will be
required to pay $31,500 ($500/per lo0. "In recognition of Developer setting aside
approximately 215,000 sq.ft, of the Foxborough Addition as public open space for
landscaping and recreation, the Developer agrees to pay fifty percent (50%) of the normal
Park Fee of $500 per acre, in accordance with the Subdivision Ordinance No. 483, Section
7.0". There are approximately 46.77 acres in Foxborough Addition which would bring
the net cost of Park Fee to $11,692.50. If the Park Board grants any credit then the
Developer will need to come back to the Council and amend this Developer Agreement.
Agenda Item//6. Public Forum
Kenneth Horne, 1215 Ashmore Court, Southlake. Mr. Horne asked that the developers of
Timarron on Tract II have minimum house size on the tracts. The residents in the area do not
want to see smaller houses. He asked Council to please keep that in mind.
A~,enda Item/gT-A, Ordinance No. 675. 2nd readine. Granting a Cable Television Franchise
owned by Marcus Cable
Ordinance No. 675, 2nd read'mg, an ordinance amending Ordinance No. 583 which grants a cable
television franchise currently owned by Marcus Cable Associates, L. P.; granting consent to the
assignment and transfer of a cable television system and franchise from Harron Cablevision of
Texas, Inc., to Marcus Cable Associates, L.P.; repealing Ordinance No. 321 which granted a
cable television franchise currently owned by Harron Cablevision of Texas, Inc.
Kevin Hugman, Community Services Manager, made a presentation to Council with regard to this
Regular City Council Minutes of the June 3, 1997 Meeting Page 7 of 16
transfer stating, the City is not renegotiating the existing franchise agreement with Marcus, but
simply seeking to amend the existing agreement.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve the revised Ordinance No. 675, 2nd reading as presented tonight.
Motion: Harris
Second: Fawks
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Fawks, Moffat, Matin, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item g7-B. Ordinance No. 480-244. 2nd reading (ZA 97-047L Commerce Souare
Ordinance No. 480-244, 2nd reading (ZA 97-047), Rezoning and Concept Plan for Commerce
Square, on property legally described as 7.22 acres situated in the Thomas Easter Survey,
Abstract No. 474, Tract 3A. Current zoning is "S-P-2" Generalized Site Plan District with "O-1"
Office District, "B-l" Business Service Park District, and limited "I-l" Light Industrial uses.
Requested zoning is "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial
District and limited "I-l" Light Industrial District uses. Applicant: Terry Wilkinson. Owner:
Southlake Properties, Inc.
Karen Gandy, Zoning Administrator, commented that no further presentation will be made as
there have been no changes from the first reading.
Terry Wilkinson, 930 Normandy, Southlake, was present asking Council to approve as they did
on first reading.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-244, 2nd reading, as per the motion made during
the first reading on May 20, 1997 (see meeting minutes).
Motion: Martin
Second: Harris
Ayes: Harris, Martin, Fawks, Moffat
Nays: None
Abstention: Stacy
Approved: 4-0-1 vote
Agenda Item #7-C. Ordinance No. 480-242. 2nd reading, CZA 97-044)
Ordinance No. 480-242, 2nd reading (ZA 97-044), Rezoning of approximately 4.00 acres situated
Regular City Council Minutes of the June 3, 1997 Meeting Page 8 of 16
in the Obediah W. Knight Survey, Abstract No. 899, being Tract 2C. Current zoning is "AG"
Agricultural District, with a requested zoning of "SF-1A' Single Family Residential District.
Owners and Applicants: Jack and Barbara Rudduck. SPIN Neighborhood #10.
Karen Gandy, Zoning Administrator, commented that there have been no changes since the first
reading.
Jack Rudduck, 217 Lilac Lane, Southlake. Mr. Rudduck stated he wants to rezone the property
to have his son build his own home on the property.
PUBLIC HEARING: No comments during the public hearing.
Motion was made to approve Ordinance No. 480-242, 2nd reading.
Motion: Fawks
Second: Martin
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Fawks, Martin, Moffat, Harris, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #7-D. ZA 97-052. Site Plan for Wendy's
ZA 97-052, Site Plan for Wendy's being legally described as Lot 2, Block 1, Village Center,
Phase I, and being approximately 0.816 acres situated in the Thomas Mahan Survey, Abstract No.
1049. Current zoning is "C-3" General Commercial District. Owner: T & M Southlake
Development Company. Applicant: Wendy's International, Inc. SPIN Neighborhood #4.
Karen Gandy, Zoning Administrator, commented that five (5) notices were sero to property
owners within the 200' notification area and one (1) written response has been received from
Southlake Land Ltd., Dennis Scifres, G.P., 301 Commerce #1205, Fort Worth, Texas, in favor.
Barry Hudson, 500 West 7th Street, Suite 600, Fort Worth. Mr. Hudson stated they have
complied with the Planning and Zoning Commission comments, noting, Greg Last, informed them
of the requirement for articulation, and it is their intention to meet that articulation. Mr. Hudson
noted this store differed from the Davis Boulevard location because they plan to use parapet
walls. The store will seat eighty-eight (88), with thirty-seven (37) parking spaces planned. He
added, the ordinance calls for thirty-one (31) spaces.
Councilmember Martin questioned the two flood lights on the north side of the
building.
PUBLIC HEARING: No comments were made during the public hearing.
Regular City Council Minutes of the June 3, 1997 Meeting Page 9 of 16
Motion was made to approve ZA 97-052, Site Plan for Wendy's, pursuant to the Review
Summary Letter No. 2, dated May 30, 1997; deleting #3-B (south curb); stipulating that the
applicant has agreed to meet the articulation requirement; and that the applicant has agreed to do
a light study, and consider the existing light in the Village Center in order to meet the minimum
corporate standards.
Motion: Martin
Second: Eawks
Ayes: Martin, Fawks, Harris, Moffat, Stacy
Nays: None
Approved: 5-0 vote
Aeenda Item #7-E. ZA 96-162. Concept Plan for Telesuonort East Campus
ZA 96-162 Concept Plan for Telesupport East Campus, being legally described as Lot 25R1,
Block 1, Woodland Heights Addition, as recorded in Cabinet A, Slide 1681, P.R.T.C.T. and
being approximately 2.070 acres. Current zoning is 'C-1" Neighborhood Commercial District.
Owner: Roy C. Lee. Applicant: G. Phillip Morley. SPIN Neighborhood #8.
Karen Gandy, Zoning Administrator, made a presentation stating seven (7) notices were sent to
property owners within the 200 foot notification area and one (1) response was received from
within the 200' notification area from Frank Ritz, 2101 East Southlake Boulevard, in favor. Two
(2) responses have been received from outside the notification area, from: Larry Marshall, 905
Parkview Lane, Southlake, in favor "as long as the elevation is complimentary to the buildings
adjoining to the east and west." Diane and Larry Faughn, 215 Eastwood, Southlake, opposed.
The applicant has met all the requirements in Concept Plan Review Summary No. 1 dated January
3, 1997 and Concept Plan Review Summary No. 2 dated May 16, 1997, with the exception of
those requirements in the Concept Plan Review Summary No. 3, dated May 30 1997.
Jim Monday, Chief Financial Officer for Telesupport. Mr. Monday stated they are waiting for
their engineering report for the third lane on Westwood (right turn off Westwood). Mr. Monday
stated the Planning and Zoning Commission asked for a driveway onto F.M. 1709. He is
concerned about delaying action as it has been nine (9) months so far that he has tried to complete
the requirements of the concept plan.
Mr. Monday asked to have this item tabled time certain the 3rd City Council
meeting in June.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to table ZA 96-162, time certain June 24, 1997, at the request of the applicant,
continuing the public hearing.
Motion: Harris
Regular City Council Minutes of the June 3, 1997 Meeting Page 10 of 16
Second: Fawks
Ayes: Harris, Fawks, Martin, Moffat, Stacy
Nays: None
Approved: 5-0 vote (to table)
Agenda Item #8-A. Ordinance No. 480-245. 1st reading, ZA 9%035. Miron Addition
Ordinance No. 480-245, 1st reading (ZA 97-035), Rezoning ora portion of Lot 2, Block 1, Miron
Addition, according to the plat recorded in Cabinet A, Slide 1252, P.R.T.C.T. And being
approximately 0.346 acres. Current zoning is "B-l" Business Service Park District, with a
requested zoning of "S-P-2" Generalized Site Plan District. Owner/Applicant: Martin W.
Schelling, Trustee. SPIN Neighborhood #8.
Zoning Administrator Karen Gandy stated five (5) notices were sent to property owners within
the 200' notification area and one (1) written response has been received from Smock & Huss eini
JV, M.M. Smock, 1529 Lambert Blvd., Oakland, California, undecided. Smock stated, "We do
not know what the ramifications would be to our adjacent property with this zoning." Staff
commented that the purpose for the rezoning of this strip of land is to avoid a split lot zoning
classification within the proposed Lot 4R, Block 1, Miron Addition. This strip of land is the
remainder of Lot 3 located between the land purchased by the City and the R.O.W. quit claimed
to the owner of Lot 4. The City Zoning Administrator has waived the Concept Plan requirement
for this strip and has informed the owner that a revised Concept Plan for the entirety of Lot 4R
will be required prior to issuance of any building permit.
Martin Schelling, 2665, North White Chapel Boulevard, Southlake. Mr. Schelling stated this
action is a "house keeping issue" to make the lot have the same zoning.
Motion was made to approve Ordinance No. 480-245, 1st reading (ZA 97-035).
Motion: Fawks
Second: Moffat
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Fawks, Moffat, Harris, Martin, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #8-B. ZA 97-036. Concept Plan for Lots 3R1-3R6. Block 1, Miron Addition
ZA 97-036, Concept Plan for Lots 3R1-3R6, Block 1, Miron Addition being legally described as
Lot 3, Block 1, Miron Addition according to the plat recorded in Cabinet A, Slide 1252,
P.R.T.C.T. and being approximately 4.758 acres. Current zoning is "B-1" Business Service Park
District. Owner/Applicant: Martin W. Schelling, Trustee. SPIN Neighborhood #8.
Martin Schelling, applicant, stated he has committed to the neighborhood behind his property that
Regular City Council Minutes of the June 3, 1997 Meeting Page 11 of 16
he will put up an eight foot fence (eastern and southern). He stated he does not plan on a two
story structure and that he will save all the trees that he can and still use his property.
Councilmember Martin asked if because he brought forward the
concept plan at this time, does he only have to comply with he
current ordinances.
Allen Taylor, City Attorney, responded to Mr. Martin by stating,
"Once they made application they must comply with those in place
at the time only."
Motion was made to approve ZA 97-036, pursuant to the Concept Plan Review Sunnnmy No. 3,
dated May 30, 1997; following the Planning and Zoning Commission recommendations.
Motion: Martin
Second: Harris
Ayes: Martin, Harris Fawks, Moffat, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item g8-C. ZA 97-037, Plat Revision Lots 3R1-3R7. and Lot 4R. Block 1. Miron
Addition
ZA 97-037, Plat Revision for the proposed Lots 3R1-3R7 and Lot 4R, Block 1, Miron Addition
being a revision to Lot 3 and Lot 4, Block 1, Miron Addition, as recorded in Cabinet A, Slide
1252, P.R.T.C.T. and being approximately 11.081 acres. Current zoning is "B-I" Business
Service Park District and "S-P-2" Generalized Site Plan District. Owners: Martin W. Schelling,
Trustee (Lots 3R1-3R6 and Lot 4R, Block 1) and the City of Southlake (Lot 3R7, Block 1).
Applicant: Martin W. Schelling, Trustee. SPIN Neighborhood #8.
Greg Last, Director of Community Development, commented in item #2 in the
review summary, there is a 15' utility easement that the Director of Public Works,
Bob Whitehead, wants the City to retain, to run the water transmission line to the
City lot. Mr. Whitehead stated we need a 30' easement (15' on the Gorbett
property and 15' on the Schelling property).
Motion was made to approve ZA 97-037, Plat Revision, subject to the Plat Review Summary No.
3 dated May 30, 1997, accepting the recommendations made by the Planning and Zoning
Commission on item #1; modifying the Planning and Zoning recommendation on item #2, to allow
the vacation of a 5' utility easement on the south side, but retaining the full 15' utility easement
on the west side.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Fawks, Moffat, Stacy
Regular City Council Minutes of the June 3, 1997 Meeting Page 12 of 16
Nays: None
Approved: 5-0 vote
Agenda Item #8-E, Ordinance No. 480-222, 1st reading (ZA 96-132~ Timarron Commercial
Tract III.
Ordinance No. 480-222, 1st reading (ZA 96-132), Rezofiing and Concept Plan for Timarron
Commercial, Tract III, being approximately 200.82 acres situated in the Richard Earls Survey,
Abstract No. 481, being Tracts 1, lA 1, 1 E, 2, 2A, 2B, 2B1A, and 2C 1, and in the Thomas Malta n
Survey, Abstract No. 1049, being Tracts 2A, 2B, 2BI, 3, 3A, 3C, 5, 5C, and 5D. Current
zoning is "AG" Agricultural District and "C-2" Local Retail Commercial District. Requested
zoning is "NR-P-U-D" Non-Residential Planned Unit Development for a Mixed Use Business
Park to include the following uses: "CS" Community Service District, "0-1" Office District, "O-
2" Office District, "C-l" Neighborhood Commercial District, "C-2" Local Retail Commercial
District, "C-3" General Commercial District, "B-I" Business Service Park District, "B-2"
Commercial Manufacturing District, "HC" Hotel District and ancillary residential uses (not
exceeding 20.08 acres), from the "RE" Residential Estate District, "SF-1A" Single Family
District, "SF-30" Single Family District, and "SF-20A" Single Family Residential District.
Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood #4 and #6.
Karen Gandy, Zoning Administrator, made a presentation explaining the original request and the
amended request. A copy of the memorandum from Ms. Gandy, dated May 30, 1997 is hereby
attached to the minutes of the meeting, as well as the Timarron Commercial Tract III
Development Regulations.
Dennis Jerkey, Carter & Burgess. Mr. Jerkey explained the changes in the Development
Regulations for Tract II.
Mayor Pro Tem W. Ralph Evans arrived at 9:40 p.m.
PUBLIC COMMENTS:
Harold Knight, 1749 East Highland, Southlake. Mr. Knight stated he has twenty-five acres under
contract with the CISD and they have an option on the remainder of his property.
Jerry Lawrence, 1901 East Highland, Southlake. Mr. Lawrence stated he thinks the Planning and
Zoning Commission did a good job. He asked if the TIF does encompass all the property, how
will he, as an adjoining property owner with mixed use, relate with the TIF? He asked if what
will be approved tonight will also approve the TIF? He stated he wants to get all the cards on the
table.
Curtis Hawk, City Manager, stated there is no relationship between
the TIF and this property. The reason the City is looking at the
Regular City Council Minutes of the June 3, 1997 Meeting Page 13 of 16
whole area when putting things together, is so the City will be able
to buffer, and so that the revenues from the TIF can be spent to do
things along the roadway and can be spent within the district. If
that area were not included, the money could not be spent in that
area. The larger area is drawn for no more reason than that. Mr.
Lawrence asked if this needs to be talked about now. Mr. Hawk
stated we don't know what properties will be included at this time
or the uses. We are taking the larger area so that the City can use
revenues that are derived from the commercial development in the
district to do all the things that need to be done and to protect the
property owners along Kimball, Highland and Carroll.
Dr. Charles Kennard, 1235 Stanhope Court, Southlake. Dr. Kennard referenced the citizen
survey. He stated he wants the preservation of a rural atmosphere and preservation of our schoo 1
system. He stated Southlake has achieved a reputation that we fight progress. He stated he would
like to see no commercial development on Highland. He does not feel we should allow hotels or
any commercial that would bring traffic near our schools.
Dale Crane, 1469 Sunshine Lane, Southlake. Mr. Crane referenced his memorandum to the
Council and delivered this afternoon. He referenced six other neighbors he is speaking for.
Debbie Guthrie, 1230 Stanhope Court, Southlake. Mr. Guthrie referenced the "Bubble A" and
moving the line back. It is the same hill Dr. Kennard is talking about. Ms. Guthrie stated the
residents want to be sure no "pad sites" are along S.H. 114.
Jeanne Cook, 1981 East Highland, Southlake. Ms. Cook stated she has been to all the meetings
and is very interested. She referenced discussions held at Planning and Zoning meetings with
regard to property behind them.
Ms. Hardin, 1991 East Highland, Southlake. Ms. Hardin stated they rezoned there property five
years ago as residential. She expressed concerns about what is going to happen next to her
property.
Dona Schroetke, 211 Eastwood Drive, Southlake. Ms. Schroetke referenced uses that were not
to be included on the 2,000 foot frontage along S.H. 114. She stated she feels the City Council
should revisit the areas shown as Special Use Permits, especially manufacturing.
Dr. Robert Bledsoe, 1600 Sunshine Lane, Southlake. Mr. Bledsoe asked if the City is going to
put a sports stadium on this property.
Mayor Stacy stated the City looked at "Tract C" for a bowl type stadium some
time ago. The City has to build a facility that will keep up with our growth. The
need exists, but we don't know where it will go.
Regular City Council Minutes of the June 3, 1997 Meeting Page 14 of 16
Cindy Richardson, 1200 Blythe Lane, Southlake. Ms. Richardson stated she is concerned with
traffic on Highland. She fears when commercial comes in, it will make the traffic worse.
Mayor Stacy stated there will be no access off Highland. All traffic from the
commercial property will he from S.H. 114.
Maria Cameron, 1776 East Highland, Southlake. Ms. Cameron expressed concern with parcel A
and the highest hill on Highland. She asked for a 500' setback. She stated she wants to see
natural plantings, using natural instead of new plantings.
Butch Dosburg, 1204 Blythe Lane, Southlake. Mr. Dosberg expressed concern with the water
run-off from the development. He commented on the tank on Highland in parcel A.
Laura Bellamy, 1202 Blythe Lane, Southlake. Ms. Bellamy had questions with regard to the 100'
set-back from residential to commercial.
Jackie Lawrence, 1901 East Highland, Southlake. Ms. Lawrence stated she is frustrated, she
thought we were talking about a hotel and now we are talking about a stadium.
Jim Haltom, 1700 Sunshine Lane, Southlake. Mr. Haltom stated he likes Los Colinas and he likes
Solana and he wants to see this property develop just like them.
Public comments closed.
Dennis Jerkey, Carter & Burgess, stated he understands the concerns with the 300' set-back on
Highland. Jerkey stated they can live with the same wording as on Tract II. He understands
concerns with the hill on Highland. They would be willing to take the cross/hatched up at Parcel
A. They will go along with a 300' set back for Parcel C next to Parcel A for heavy commercial
uses and subject to the City Council review. He also agreed to 300' set-back on Parcel D north
end.
Counciimember Fawks stated he is concerned about the pad site on
S.H. 114 and is concerned with lining S.H. 114 with fast food
restaurants.
Steve Yetts, Timarron Land Development. Mr. Yetts stated he will take the comments concerning
pad sites and the lake under consideration and bring back to Council in two weeks. He noted
they are losing roughly twenty acres to right-of-way on the property.
Motion was made to approve Ordinance No. 480-222, 1st reading (ZA 96-132), subject to the
June 3, 1997 submittal by the applicant; further incorporating the requirement that the northern
most portion of Tract A and D be modified to reflect a 300' no-build zone for any use other than
residential; the set-back can be modified by Council with special site plan approval; also, to
Regular City Council Minutes of the June 3, 1997 Meeting Page 15 of 16
amend the ordinance to include the offer by the applicant to extend the red cross-hatched area also
known as the 300' set-back found on the requested concept plan to include the remaining part of
Tract C which is bounded by Parcel A's line and Parcel D's line on the north and west of the
cross-hatched area as shown on the concept plan.
Motion: Harris
Second: Evans
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Evans, Fawks, Moffat, Martin, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item g9-A. Resolution No. 97-42. Establishim, an Economic Development Program
with Solana.
Curtis Hawk, City Manager, stated this item will not be discussed tonight, but will be brought
back at the next City Council meeting.
Agenda Item #11-A. Discussion: Schedule for June Retreat
Curtis Hawk presented the schedule for the June Retreat to be held on June 10 and 11, noting if
Council has an item to add, let him or the City Secretary know as soon as possible. He added the
packets for the retreat will be delivered to Council on Friday.
Councilmember Scott Martin suggested a discussion on Council's
goal status report would be helpful.
Agenda Item #Il-B, Discussion: Calendar for Creation of a Tax Increment Financing District
The City Manager informed Council that a resolution will be placed on the June 24 Regular City
Cotmcil meeting which will set the process in motion. The preliminary plan will be complete by
June 27 with a final reading of the ordinance by August 26, 1997.
Agenda Item #12. Adjournment
The meeting was adjourned by
:15 p.m.
S'a-ndra L. LeGrand, City Secretary
wp-files\cc\6\3\97\min\sl
Regular City Council Minutes of the June: Page 16 of 16
Ci ty of Southlake
1. City Council Meeting Absence
out 1(a ' as requested by a Councilmember
If you are absent or plan to be absent from a City Council meeting, please complete
this notice and submitt to Sandy LeGrand, City Secretary. The Home Rule Charter
states, "The Mayor or a Council member shall forfeit his or her office if during a term
of office, the Mayor or Council member fails to attend two consecutive regular
meetings of the Council without being excused by the Council." In compliance with
this requirement, your notice will be submitted to the Council and, if necessary, an
"excused" absence will be pursued by the Council.
Councilmember: 101j11U U a ' i )ittalal
Date(s) of Absence: 9144k- /117,444{, ?MX- / 7 / //f 7
Reason for Absence: Abair 171 iti/Haft
"Excused" Absence Requested: ✓ Yes No
If you have any questions, please contact Sandy LeGrand at (817) 481 -5581, ext. 704.
For Office Use Only
Date notice submitted: ' .AGU t /IT/
q
Excused Absence Re uest Yes No
Date Absence Considered at Council Meeting: Q UifJ_. 1 lj / ?'i
Council Granted "Excused" Absence: No
Copy to City Manager
E Copy to Mayor /Councilmembers
C: \WPFILES \CITYSEC\CCABSECE.FRM
,
THE STATE O TEXAS *
C OUNTY OF t ,u, t �(,4; -r1.1 ,
I, Lci i�i as a member of the , 6
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hereby on oath state the following: 1,
make this affid- it and h y
and /or a perso or persons related to me, have a substantial
interest in a business entity that would be peculi ly affected by
a vote or decision of the M 1-e. (0.( = 4
as
those terms are defined in Chapter 171, Texas Local vernment Code.
The business entity is
(name and address)
I have a substantial inter i t in this business entity for the
following reasons: (Check 1 which are applicable)
Ownership f 10% or more of the voting stock or
shares o the business entity.
Ownership of 10% or more or $5,000 or more of the
fair market value of the business entity.
F nds received from the business entity exceed 10%
) J f gross income for the previous year.
', Real property is involved and
have an equitable or legal ownership with a fair
/ market value of at least $2,500.
71- A relative of mine has a substantial interest in the
business entity or property that would be affected
by a decision of the public body of which I am a
member.
Upon filing of this affidavit with the City Secretary, I affirm
that I will abstain from voting on any decision involving this
business entity and from any further participation on this matter
whatsoever.
Signed this day of ( /IL A/ 196/7
2
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g - ure of offi ial
/ \ iDK:
Title
.
BEFORE ME,, tpe undersigned authority, this day personally appeared
C L , and on oath stated that the
facts hereinabov stated are true to the best of 4L7 knowledge or bel ef. -
Sworn to and subscribed to b fore me on this day of
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Az N...
N PPY FHB SANDRA L. LeGRAND ; 7L.,&/: " '-
■ * ,►, * Notary Public o Public in and for
■ u , r■ 5 STATE OF TEXAS z the State of Texas
� 4rPoo0 My Comm. Exp. 02/04/2001
My Commission xp Yes. ; IV) .l ,% // , 4, ('r at h►,t -%
Typ Print Notary's Name
City of Southlake, Texas
STAFF REPORT
May 30, 1997
CASE NO: ZA 96 -132 PROJECT: First Reading / Ordinance No. 480 -222
Rezoning & Concept Plan Timarron
Commercial, Tract III
STAFF CONTACT: Karen Gandy, Zoning Administrator, 481 -5581, ext. 743
Dennis Killough, Planner 1, 481 -5581, ext. 787
REQUESTED ACTION: Zoning Change and Concept Plan on property described as
approximately 200.822 acres situated in the Richard Eads Survey,
Abstract No. 481, being Tracts 1, 1A1, 1E, 2, 2A, 2B, 2B1A, and
2C 1, and in the Thomas Mahan Survey, Abstract No. 1049,
being Tracts 2A, 2B, 2B 1, 3, 3 A, 3 C, 5, 5 C, and 5 D.
LOCATION: North of State Highway No. 1 14, east of North Carroll Ave.,
south of East Highland St., and west of North Kimball Ave.
OWNER/APPLICANT: Timarron Land Corporation
CURRENT ZONING: "AG" Agricultural District and "C -2" Local Retail Commercial
District
REQUESTED ZONING:
(ORIGINAL REQUEST): "NR -PUD" Non - Residential Planned Unit Development for a
Mixed Use Business Park to include the following uses: "CS"
Community Service District, "0-1 " Office District, "0-2" Office
District, "C-1" Neighborhood Commercial District, "C -2" Local
Retail Commercial District, "C -3" General Commercial District,
"C -4" Arterial Mall Commercial District, "B -1" Business Service
Park District, "B -2" Commercial Manufacturing District, "I -I
"Light Industrial District, "I2" Heavy Industrial District, "HC"
Hotel District and ancillary residential uses (not exceeding 20.08
acres) from the "RE" Residential Estate District, "SF -IA" Single
Family District, "SF -30" Single Family District, and "MF -2"
Multiple Family Residential District.
AMENDED REQUEST: Same as above, but deleting "C -4" Arterial Mall Commercial
District, "I- I" Light Industrial District, and "I -2" Heavy Industrial
District and amending the residential zoning category to exclude
MF -2 and adding "SF -20" Single Family Residential (see
attached letter).
1 " lr
LAND USE CATEGORY: Mixed Use (may include residential, office buildings, hotels,
and commercial and retail centers that serve local and
regional needs)
CORRIDOR
RECOMMENDATION: Office Commercial (Same as in CS, 0 -1, 0 -2, B -1, HC, MF -1, and
MF -2 districts)
NO. NOTICES SENT: Forty -one (41)
RESPONSES:
(ORIGINAL REQUEST) Ten (10) written responses were received from within the 200'
notification area:
• Michael A. Quinn, P.O. Box 92575, Southlake, opposed.
• John T Knight, 650 Cherry Ct., Southlake, Texas 76092,
undecided. "This being such a broad request, I am not sure
how it will affect the value of my property or the quality of
life in my neighborhood."
• Steven E. and Katherine J Cook 1981 E Highland, Southlake,
Texas 76092, opposed. See attached letter received Oct. 8,
1996, addressing protecting residential areas in Southlake,
residential property values, increased traffic, resident
protection, and keeping East Highland residential.
• Robert P. Steele, 959 N. Carroll Ave., Southlake, Texas
76092, in favor.
• Hazel JMiller, 5213 McQuade St., Fort Worth, Texas 76117,
in favor.
• Jerry and Jacky Lawrence, 1901 E Highland, Southlake,
Texas 76092, opposed. See attached letter dated Oct. 10,
1996, addressing noise, water and air pollution, traffic on
Highland, and problems associated with a possible sports
stadium on Highway II 4.
• D /FW- Carroll Road Ltd, etal, PO Box 700876, San Antonio,
Texas 78270 -0876, in favor. "It's been a long, long wait for
Southlake region investors!"
• Maria P. Cameron, 1776 E Highland St., Southlake, Texas
76092, opposed. See attached letter dated Oct. 11, 1996,
addressing the right -of -way on Highland Street and Carroll
ISD.
• Martin Rester, 600 Cherry Lane, Southlake, Texas, opposed.
"I do not want to give permission for unlimited zoning next
to a residential area."
• Harold Knight, 1 749 E. Highland St, Southlake, in favor. "I
am in favor of the request 'with the attached changes.' With
SF
J�`
these changes, I support their request." (Please note that Mr.
Knight has included a marked -up copy of a Zoning District
Summary sheet immediately following his hand - written
letter.)
Three (3) responses were received outside the 200' notification
area:
• James and Cecile Gardner, 1213 Ashmoore Ct., Southlake,
opposed. " ... we want to present to you, our desire for this
tract to maintain it's current zoning until, which time,
Timarron is prepared to come to the city with a legitimate and
specific Development Plan." See attached letter.
• David Edelen, 1203 Ashmore Ct., Southlake, opposed.
"With the broad range of categories and the limitless
number of "permitted uses" under the categories, and with
also a possibility of a land sale to a third party with no
partnering with Timarron, the residents have no protection
under the PUD that a satisfactory development will take
place." See attached letter.
• Margaret C. Burnette, 1002 Quail Run Road, Southlake,
in favor. "Quality commercial development with well
landscaped open space is what Southlake should strive
for." See attached letter.
} Two (2) identical responses were received at Planning and Zoning
work session on December 12, 1996. ". . . the application as it
presently stands is unacceptable to us in many respects, and it
must be modified to make it more compatible with residential
living in order to obtain our acquiescence." See attached letter.
• Debbie and Roy Gutherie, 2412 Emerald Circle, Southlake.
• Don and Janet Rose, 1209 Ashmore Court, Southlake. See
letter for additional comments.
RESPONSES:
(AMENDED REQUEST) Seven (7) responses were received within the 200' notification
area:
• Hazel Miller, 5213 McQuade St., Fort Worth, Texas 76117,
undecided.
• Michael A. Quinn, P.O. Box 92575, Southlake, opposed.
• Ann Hardin, 1991 E. Highland St., Southlake, opposed.
• Robert Steele, 959 N. Carroll Ave., Southlake, in favor.
• Marie Eubanks, 1371 E. Highland St., Southlake, opposed.
"The property is too close to my house where we live. Too
much noise. I would object to the traffic on Highland."
• Harold Knight, 1 749 E. Highland St, Southlake, opposed.
"Because it includes manufacturing, repair, services, taverns,
clubs, and used merchandise sales and other uses that I do not
want located next to my property; however I would be in
favor of the request if it was modified to eliminate those uses
that I have marked through on the attached Summary of
Zoning District Symbol and Permitted Uses." See attached
list.
• Steven E. and Katherine J. Cook 1981 E Highland,
Southlake, Texas 76092, opposed. Residents states CS,
0-1, and 0-2 uses that they would like omitted. See
attached letter.
Seven (7) responses were received outside the 200'
notification area:
• Dan and Carla Hemyari, 550 Cherry Lane, P.O. Box
92605, Southlake, opposed. Resident states concerns with
property values, traffic, uses in section C, drainage, and
an increase in crime. See attached letter.
• B. Dennis King, 205 Manor Place, Southlake, opposed.
Resident states that, ". . . PUD's were never intended to be a
substitute for good land use planning." Resident also states
that ". . . Westwood should speak specifically to its plans for
the property ..." See attached letter.
• Gerald Hodges, 1210 Ashmore Court, Southlake, opposed.
One petition was received from Grapevine residents with
sixteen (16) signatures, all opposed. See attached copy of
petition.
Gerald and Karen Hodges, 1210 Ashmore Court,
Southlake, opposed. Resident asks that they be advised
on the following issues: street access and egress, the DFW
Airport noise cone and height restrictions, the
comprehensive Park and Greenspace Plan, as well as the
tree ordinance. See attached letter.
• Chris White, 1216 Whispering Lane, Southlake, opposed.
"No "blanket" zoning without specific purchase or user, no
entrance on Carroll / Highland."
• Christopher McGuire, 2089 North Carroll Avenue, Southlake,
opposed. Resident states concerns with the "timing" of
meetings and notification of impending meetings. See
attached letter.
• Letter received from North Carroll Avenue Homeowners.
Letter states concerns with safety, diminished quality of life,
loss of property values, negative environmental impact, waste
0
water disposal, groundwater runoff, and flash floods. See
attached letter.
• Michael Howe, 2612 Parker Court, Southlake, opposed.
Resident states concerns with safety and traffic. See attached
letter.
Two (2) identical responses were received. Letter states concerns
with quality of life, location, image, flood control, drainage,
police and fire protection. See attached letter.
• Gary S. Krall, 204 Sheffield Court, Southlake, Texas.
• Paul Hendricks, 200 Sheffield Court, Southlake, Texas.
P & Z ACTION: October 17, 1996; Approved (5 -0) applicant's request to table
until the November 7,1996 Planning & Zoning Commission
meeting and to continue the public hearing.
November 7, 1996; Approved (5 -0) applicant's request to table
until the January 9, 1997 Planning & Zoning Commission
meeting and to continue the public hearing.
January 9, 1997; Approved (5 -0 -1) to continue public hearing
until the January 16, 1997 Planning & Zoning Commission
meeting.
} January 16, 1997; Approved (5 -0 -1) to table until the January 23,
1997 Planning & Zoning Commission meeting and to continue
public hearing.
January 23, 1997; Approved (5 -0 -1) to continue public hearing
until the January 30, 1997 Planning & Zoning Commission
meeting.
January 30, 1997; Approved (5 -0) to table until the February 6,
1997 Planning & Zoning Commission meeting and to continue
public hearing.
February 6, 1997; Approved (6 -0 -1) to continue public hearing
until the February 13, 1997 Planning & Zoning Commission
meeting.
February 13, 1997; Approved (5 -1) subject to Concept Plan
Review Summary No. 1 dated October 11, 1996, with the
following amendments:
• no impervious coverage in the flood plain with the exception
of trails;
• 50' bufferyard on the north property line of Tract IIID;
• 4:1 slope from Timarron's property line versus the residential
property line;
• any "HC" Hotel District uses in Tract IIIC will be located at
least 400' from the north property line;
• Applicant will comply with the Landscape Ordinance, and for
every story from two (2) to four (4), they will add 1% of the
lot area to the required landscaped area, and for every story
from five (5) to six (6), they will add 2% of the lot area to the
required landscaped area;
• "CS" Community Service uses will be added to "B -1"
Business Service Park and "0-1" Office uses in the additional
notes for "crash- gate" access to Tract IIIA;
• the following "C -2" Local Retail Commercial uses would be
permitted by Specific Use Permit only: duplicating service,
printing, lithographing, mimeographing, multi - graphing and
offset printing;
• "C -3" General Commercial uses would be limited to 20% of
the gross acreage in Tract IIIB;
• "C -1" Neighborhood Commercial and "C -2" Local Retail
Commercial uses would be limited to 50% of the gross
acreage in Tract IIIB and in Tract IIIC
STAFF COMMENTS: The applicant has met all items in Concept Plan Review
Summary No. 1 dated October 11, 1996, with the exception of
those items addressed in the attached Concept Plan Review
Summary No. 2 dated May 30, 1997.
Please find the attached submittal dated May 27, 1997. The pages
numbered "DR" will be incorporated into the final ordinance.
L: \W P- FILES \MEMO \96CASES \96- 132ZC. WPD
1.
s
TIMARRON COMMERCIAL
TABLE OF CONTENTS
TRACT III
DEVELOPMENT REGULATIONS
• PROPOSED LAND USE CATEGORIES
• PERMITTED USES
• DEVELOPMENT STANDARDS
• LANDSCAPING AND OPEN SPACE
• CONCEPT PLAN
EXHIBITS
• 50' BUFFER YARD SECTION
• BUFFER YARDS AND OPEN SPACE PLAN
• CONCEPT PLAN
BACKGROUND INFORMATION
• ENGINEERING ANALYSIS
• TRAFFIC STUDY
• RUNOFF STATEMENT
RECD MAY 2 3 1997
June 3, 1997
96204401.R03
T
PROPOSED LAND USE CATEGORIES
Timarron Land Corporation is requesting a Non - Residential P.U.D. zoning category for Tract III
in its entirety. It is envisioned to be a "Mixed Use Business Park" development allowing a
variety of land uses that will respond to the current and future market demands and ensure
compatibility of land uses through creative planning.
The Non - Residential P.U.D. zoning request will divide Tract III into four (4) separate parcels and
will allow the following land use categories for each:
PARCEL A
• Residential*
• CS - Community Service District (Sec. 8)
• 01 - Office District (Sec. 18)
• B1 - Business Service Park District (Sec. 24)
PARCEL B
• CS - Community Service District (Sec. 8)
• 01 - Office District (Sec. 18)
• 02 - Office District (Sec. 19)
• C1 - Neighborhood Commercial District (Sec. 20)
• C2 - Local Retail Commercial District (Sec. 21)
• C3 - General Commercial District (Sec. 22)
• B1 - Business Service Park District (Sec. 24)
• HC - Hotel District (Sec. 28)
PARCEL C
• CS - Community Service District (Sec. 8)
• 01 - Office District (Sec. 18)
• 02 - Office District (Sec. 19)
• C 1 - Neighborhood Commercial District (Sec. 20)
• C2 - Local Retail Commercial District (Sec. 21)
• B1 - Business Service Park District (Sec. 24)
• HC - Hotel District (Sec. 28)
June 3, 1997
96204401.R03 DR -1
}
PARCEL D
• Residential*
• CS - Community Service District (Sec. 8)
• 01 - Office District (Sec. 18)
• B1 - Business Service Park District (Sec. 24)
* The Non - Residential PUD shall allow ancillary residential uses, limited to the zoning
classifications RE, SF 1A, SF30 and SF20 up to 10% of the land in the NRPUD (20.08 acres).
The permitted accessory uses, specific use permits, special exception uses and development
regulations shall be as provided in the underlying RE, SF 1 A, SF30, and SF20 zoning districts
set forth in Ordinance No. 480, as amended.
June 3, 1997
96204401.R03 DR -2
PERMITTED USES
It is intended that the Non - Residential P.U.D. shall permit those uses defined under the zoning
categories identified in this document (as established in the City's Comprehensive Zoning
Ordinance No. 480) and shall specifically include those uses described as:
• "Permitted Uses"
• "Accessory Uses"
• "Specific Use Permits"
• "Special Exception Uses"
• Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or have not
been defined by current technology.
LAND USES
There are exceptions to the permitted uses. Those uses identified with a double asterisk ( * *)
shall require a Specific Use Permit (SUP).
Sexually oriented businesses will not be permitted on Tract III.
RESIDENTIAL
I. Permitted Uses
1. RE - Single Family Residential Estate
2. SF1A - Single Family Residential
3. SF -20 - Single Family Residential
4. SF -30 - Single Family Residential
June 3, 1997
96204401.R03 DR -3
CS- COMMUNITY SERVICE DISTRICT
I. Permitted Uses - BY SUP ONLY
1. (Deleted)
** 2. Higher education institutions
* * 3. Museums, libraries, fine arts centers, and similar cultural facilities
* * 4. Golf courses, parks, playgrounds, community centers and country clubs
(No commercially operated miniature golf courses or driving ranges)
5. (Deleted)
** 6. Public safety facilities
** 7. Religious institutions
** 8. City hall or other municipal office uses (excluding wastewater treatment facilities,
landfills, and transfer stations)
June 3, 1997
96204401.R03 DR -4 ** Use Permitted by SUP Only
0-1 OFFICE DISTRICT
I. Permitted Uses
A. Office Uses
1. Accounting and tax preparation
2. Adjustment and collection services
3. Advertising agencies
4. Architecture
5. Banking
6. Bill paying services
7. Business corporate headquarters (when used for office purposes only)
8. Business holding and investment services
9. Chamber of Commerce
10. Chiropractors
11. Computer services
12. Consumer and mercantile credit reporting
13. Contractors offices (provided no outside storage or display permitted)
14. Dentists
15. Duplication and mailing services
16. Employment services
17. Engineering
18. Finance
19. Interior design
20. Land surveying
21. Law
22. Management consultants
23. Optometrists
24. Other offices of a business and/or professional nature
25. Physicians
26. Podiatrists
27. Psychiatrists
28. Psychologists
29. Radio recording and television broadcasting offices and studios
30. Real estate and insurance
31. Savings and Loan
32. Securities and commodities brokers, dealers, underwriters and exchange offices
33. Stenographic services
34. Title companies
35. Travel bureaus or services
36. Utility offices
June 3, 1997
96204401.R03 DR - ** Use Permitted by SUP Only
B. Community Facility Uses
* * 1. Public, semi - public and private parks
** 2. Recreation and open space
* * 3. Libraries
** 4. City halls, fire and police stations, and other municipal uses (excluding wastewater
treatment facilities, landfills and transfer stations)
* * 5. Other uses of a similar nature and character
June 3, 1997
96204401.R03 DR - ** Use Permitted by SUP Only
0-2 OFFICE DISTRICT
I. Permitted Uses
A. Any use permitted in the 0-1 Office District
B. Day nurseries or equivalent child care facilities
June 3, 1997
96204401.R03 DR - ** Use Permitted by SUP Only
C -1 NEIGHBORHOOD COMMERCIAL DISTRICT
II. Permitted Uses
A. Commercial Uses
1. Offices of a business and /or professional nature
2. Bakeries
3. Barber and beauty shops
4. Cleaners, laundries and/or Laundromats
** 5. Gasoline filling stations that operate in conjunction with small convenience stores
6. Grocery stores and/or meat markets
7. Newsstands and/or bookstores
8. Restaurants, tea rooms and/or "take -out" food establishments
9. Tailor, clothing or wearing apparel repair shops
B. Community Facility Uses
* * 1. City hall, fire and police stations and other municipal uses (excluding wastewater
treatment facilities, landfills and transfer stations).
June 3, 1997 — Use Deleted from Zoning Request
96204401.R03 DR - ** Use Permitted by SUP Only
C -2 LOCAL RETAIL COMMERCIAL DISTRICT
I. Permitted Uses
1. Any use permitted in the 0 -1 Office District
2. Any use permitted in the C -1 Neighborhood Commercial District
* * 3. Cleaning, dying and pressing works; laundries and washaterias
4. Antique shops
5. Retail sail bakeries
6. Bicycle sales and bicycle repair shops
7. Blueprinting or photostating
8. Book or stationery stores
9. Business colleges or private schools for vocational training of office related careers
10. Christmas tree sales
11. Cigar or tobacco stores
** 12. Cleaning, dying and pressing works; laundry and Laundromats
13. Confectionery stores
14. Custom dress making or millinery shops
15. Dancing schools
16. Day nurseries
17. Delicatessen shops without size limitations
18. Dog and cat hospitals (excluding large animal clinics)
19. Drug stores
20. Dry goods and notion stores provided that the floor area of such facility not exceed
eight thousand (8,000) square feet
* * 21. Duplicating service, printing, lithographing, mimeographing, multi - graphing and
offset printing
* * 22. Filling stations or service stations, operating with/without a convenience store
23. Financial institutions
24. Florist or gift shops
** 25. Frozen food lockers
26. Grocery stores and meat markets
27. Health service facilities
28. Jewelry stores
29. Leather and leather good shops
30. Optical goods
31. Photographs, portrait or camera shop and photo finishing
32. Radio and television sales and servicing
33. Restaurants, tea rooms, cafeterias, fast food and "take -out" food restaurants
34. Shop repair services
35. Sporting goods, including gun sales and repair
36. Tailor
** 37. Tires, batteries and automobile accessory sales
38. Variety stores
June 3, 1997 - Use Deleted from Zoning Request
96204401.R03 DR - ** Use Permitted by SUP Only
C -3 GENERAL COMMERCIAL DISTRICT
I. Permitted Uses
1. Any use permitted in the C -2 Local Retail Commercial District
** 2. Auditoriums, theaters and cinemas
3. Coin and stamp shops
** 4. Commercial amusement centers and bowling alleys
5. Commercial art galleries
** 6. Conventional golf courses, including outdoor driving ranges accessory thereto,
but excluding outdoor miniature golf courses
7. Department stores
8. Dry goods and notion stores
9. Electrical and gas appliances and supply sales, electrical and gas repair and
installation services (excluding propane tank sales)
10. Hardware, paint, and wallpaper stores
11. Hat shops
12. Health and physical fitness centers and gymnasiums
13. Hobby shops
14. Household and office furniture, furnishings and appliances
15. Lodges, sororities and/or fraternities
16. (Deleted)
17. Mortuaries, funeral homes and undertakers (excluding cemeteries, crematories
and mausoleums)
18. Music or record shops
19. Nursery buildings
20. Pet shops
21. Piano stores, musical instruments and supplies
22. Plumbing and heating appliances, repair and installation services (excluding
propane tank sales)
23. Printing, lithographing or duplicating jobs
24. Retail stores, business or shops for custom work
25. Skating rinks, ice and roller
* * 26. Taverns, clubs and other comparable establishments which the on- premises
consumption of alcoholic beverages is permitted subject to issuance of special use
permit (excluding sexually oriented businesses)
27. Toy stores
** 28. Upholstery shops - furniture
29. Variety stores
June 3, 1997 — Use Deleted from Zoning Request
96204401.R03 DR -10 ** Use Permitted by SUP Only
B -1 BUSINESS SERVICE PARK DISTRICT
I. Permitted Uses *
A. Office and Commercial Uses
1. Any use permitted in 0 -1 District
2. Administrative, executive or editorial offices for industrial organizations
** 3. Apparel and millinery manufacturing and assembly
4. Banks
5. Barber and beauty shops
6. Book and stationery stores
** 7. Computer manufacture and research
7a. Day nurseries or equivalent child care facilities operated principally for the benefit
and service of employees working within the office building or consolidated
office complex
8. (Deleted)
** 9. Electronic manufacture
10. Funeral homes (excluding cemeteries, crematories, and mausoleums)
* * 11. Lithograph, engraving, printing and publishing
** 12. Manufacture of medical and dental equipment
* * 13. Manufacture of musical instruments
14. Medical clinics
* * 15. Nursery yards or buildings for retail sales and landscaping companies
** 16. Optical instrument and lenses manufacturing
17. Private schools
18. Professional/business schools
19. Retail activity of a service nature designed to provide direct service support to the
businesses and employees who occupy the remainder of the office complex
20. Retail uses which are reasonably related to the principal uses within the structure
* * 21. Scientific and professional instrument manufacturing
22. Security guard quarters (excluding living quarters)
** 23. Small parts manufacturing and assembly
24. Studios for training in fine arts
B. Community Facility Uses
* * 1. City Hall, policy and fire stations and other municipal uses (excluding wastewater
treatment facilities, landfills and transfer stations)
* Any manufacturing use within the B1 zoning district shall require a SUP.
June 3, 1997 — Use Deleted from Zoning Request
96204401.R03 DR - 1 * * Use Permitted by SUP Only
"HC" HOTEL DISTRICT
I. Permitted Uses
* * 1. Hotels and motels
** 2. Parks and playgrounds which are publicly owned
* * 3. Golf courses which are privately owned
* * 4. City hall, police and fire stations and other municipal uses (excluding wastewater
treatment facilities, landfills, and transfer stations)
June 3, 1997 — Use Deleted from Zoning Request
96204401.R03 DR - 12 * * Use Permitted by SUP Only
DEVELOPMENT STANDARDS
It is intended that the Non - Residential P.U.D. shall adhere to the development standards
currently established in Zoning Ordinance No. 480 as amended and furthermore shall comply to
all new ordinances as they are adopted or amended for each land use category with the following
exceptions:
BUILDING SETBACKS
Setbacks for Tract III land uses shall be maintained in accordance with Zoning Ordinance No.
480 and the corridor overlay standards. When located adjacent to or across the street from
residentially zoned property or property with a low or medium density residential land use in the
comprehensive plan, the setbacks shall be the greater of the 4:1 slope or the minimum setbacks
shown in the following table. Setbacks shall be measured from the Timarron property line where
it is adjacent to residential areas.
Setback Adjacent to
Residential
RES 35'*
CS 100' Min.*
01 100' Min.*
02 100' Min. *
Cl 100' Min.*
C2 100' Min.*
C3 100' Min.*
B1 100' Min.*
HC 100' Min *
* Once a specific used is identified for Parcel IIIC, the City Council reserves the option to
require a 300' building setback from the adjacent property to the north (identified as TRI and
TRIB on the Tract III Concept Plan).
June 3, 1997
96204401.R03 DR -13
BUILDING HEIGHTS
Maximum building heights for Tract III land uses shall be in accordance with the following table.
Maximum Building
Height
RES 35'
2.5 Stories
CS 35'
2.5 Stories
01 45'
2.5 Stories
02 90'
6 Stories
Cl 45'
2.5 Stories
C2 45'
2.5 Stories
C3 45'
3 Stories
HC 90'
6 Stories
B 1 45'
2.5 Stories
June 3, 1997
96204401.R03 DR -14
BUFFER YARDS
Perimeter buffer yards for Tract III shall comply with the Comprehensive Zoning Ordinance No.
480 and shall have minimum widths in accordance with the following table:
Adjacent to E.
Highland, N. Kimball
and North Property Adjacent to
Line of Parcel III D Residential* Other
RES 50' 25' 25'
CS 50' 35' 25'
01 50' 35' 25'
02 N/A 35' 25'
Cl N/A 35' 25'
C2 N/A 35' 25'
C3 N/A 35' 25'
B1 50' 35' 25'
HC N/A 35' 25'
*Residential adjacency shall be defined as residentially zoned property or property with a low or
medium density residential land use in the comprehensive plan adjacent to or across the street
from Tract III.
Refer to the Buffer Yard and Open Space Plan exhibit for the general location of each buffer yard
type.
June 3, 1997
96204401.R03 DR -15
50' BUFFER YARD SECTION
ADJACENT TO N. KIMBALL AVENUE. E. HIGHLAND STREET AND THE NORTH
PROPERTY LINE OF PARCENT IIID (IF THE PROPERTY NORTH OF IIID BECOMES
RESIDENTIAL).
/ 50' BUFFER YARD
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June 3. 1997
96204401.R03
LANDSCAPING AND OPEN SPACE
LANDSCAPING
The landscaping area for each lot will comply with the requirements of the Landscape Ordinance
No. 544. For 02 and HC uses, additional landscaping will be provided in the amount of 1% of
the lot area for every story from two (2) to four (4) plus 2% for every story from five (5) to six
(6).
OPEN SPACE
The open space for each tract will include the buffer yards around the perimeter of the project as
required by the Southlake Corridor Study and the additional buffer yard adjacent to residential
uses. The open space also includes lakes and floodplain areas.
A HEC -2 engineering study performed specifically for this tract of land will determine the
location of the improved floodplain and floodway areas and the open space will be located
according to the results of that study. The site specific HEC -2 engineering study will be
performed at the development plan stage of the approval process. There will be no impervious
coverage permitted within the improved flood plain area with the exception of pedestrian trails.
Timarron Land recognizes the value of the existing vegetation and will incorporate master
design guidelines that respond to tree preservation, at the development plan stage of the zoning
process. A tree survey will be prepared for the site plan submittal. The developer will comply
with the tree preservation requirements of the City of Southlake, as those requirements are
developed.
The attached Buffer Yard and Open Space Plan illustrates the general location of the proposed
buffer yards and open space for Tract III.
June 3, 1997
96204401.R03 DR -16
CONCEPT PLAN
This submittal responds to the concept plan requirements defined in sections 30 and 41 (as
amended by Ordinance No. 480 -C) for a Non - Residential Planned Unit Development.
The size and location of this tract offers a variety of potential development scenarios to attract
quality users. Flexible tract sizes, facility locations, access and zoning are critical to attracting
quality users to this site. This concept plan provides the flexibility which the current market is
seeking.
TRACT III
The following table demonstrates land uses categories permitted for each parcel within Tract III.
The attached exhibit "Concept Plan" further illustrates the general location of each parcel.
PARCEL Area LAND USE CATEGORIES
A 32.23 ± AC Residential, CS, 01, B1
B 77.76 ±AC CS, 01,02, Cl, C2,C3,B1,HC
C 63.85±AC CS, 01,02,C1,C2,B1,HC
D 26.98 ± AC Residential, CS, 01, B1
SPECIAL RESTRICTIONS
• Ancillary residential uses RE, SF1A, SF30 and SF20 are not to exceed 20.08 acres for the
entire Tract III Non - Residential P.U.D. and shall not exceed a density of 1.0 du/ac.
• Access to East Highland Street will be restricted to one full access location for residential
uses or one emergency "crash- gate" for CS, 01 and B1 uses.
• Commercial uses (C1, C2, and C3) combined shall not exceed 50% of the gross parcel area
for Parcel IIIB or 50% of the parcel area for Parcel IIIC.
• Once a specific user is identified for Parcel IIIC, the City Council reserves the option to
require a 300' building setback from the adjacent property to the north (identified as TRI and
TRIB on the Tract III Concept Plan).
• There will be no impervious coverage permitted in the flood plain with the exception of
pedestrian trails.
June 3, 1997
96204401.R03 DR -17
• The landscaping area for each lot will comply with the requirements of the Landscape
Ordinance No. 544. For 02 and HC uses, additional landscaping area will be provided in the
amount of 1% of the lot area for every story from two (2) to four (4) plus 2% for every story
from five (5) to six (6).
QUALITY AND CONTINUITY OF DEVELOPMENT
It is Timarron Land's intent to have in place master design guidelines to create continuity and
quality at the development plan stage for Tract III. The design guidelines will be available for
review at the time of development plan submittal.
June 3, 1997
96204401.R03 DR -18
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ENGINEERING ANALYSIS
Engineering analysis for this project will be performed by registered engineers, licensed in the
State of Texas, and meet the requirements of existing ordinances and/or governing authorities.
The intent and understanding regarding various infrastructure issues is as described below:
STORM DRAINAGE
Drainage generally flows away from a ridgeline which bisects the property in a northeast-
southwest trend. The proposed drainage plan will include the necessary systems required to
route are discharge to existing natural drainage ways.
WATER DISTRIBUTION
An adequate water distribution system is proposed on all sides bordering the site. Distribution
main -lines not less than 12" are planned for Carroll Avenue, White Chapel Boulevard and
S.H. 114. A system of 12" watermains is planned to provide adequate pressure on a volume
required of the potential users, without significant impact to the overall surrounding community.
SANITARY SEWER COLLECTION SYSTEM
The southerly two - thirds of the property flows to the southeast corner and can be served by the
existing lift station on Carroll Avenue.
Eventually, the lift station will be removed and a gravity line built to the northeast and connect to
the gravity line which flows to the Hunter's Ridge lift station.
Currently, the Hunters Ridge lift station pumps to the Carroll Middle School lift station just
north of East Dove Street. From that point, sewage is pumped south to the Carroll Avenue lift
station.
The northerly one -third of the Tract II will gravity flow to the proposed Quail Creek lift station.
This lift station is planned for summer 1997.
As a temporary measure until a force main is constructed in Dove Street west to Kirkwood, the
Quail Creek's lift station would force main back to the Carroll Middle School lift station and
south to the Carroll Avenue lift station. A more desirable scenario would be to direct flow from
the Quail Creek station westerly along East Dove Street. This force main would terminate at a
gravity line at future Kirkwood Boulevard and Dove Street.
June 3, 1997
96204401.R03 B -1
TRAFFIC STUDY
The concept plan provides for a variety of land uses which will produce a variety of traffic
impacts.
The appropriate stage in the zoning process to provide a detailed Traffic Impact Analysis is at the
time of submittal of a development plan when a specific land use is identified.
This traffic study provides assurances regarding the intent for traffic flow and the requirement for
a full blown Traffic Impact Analysis for each subsequent development plan submittal. The
concept plan provides for a variety of land uses which will produce a variety of traffic impacts.
LAND USES
The land uses proposed with this zoning change are substantially in accordance with the land
uses used during the development of the Master Thoroughfare Plan. They are also similar in trip
generation to the NCTCOG model inputs used in the development of the Thoroughfare Plan.
STATE HIGHWAY 114 IMPROVEMENTS
TxDOT is making progress on the acquisition of right -of -ways and other planning for the
construction of interchanges along the highway. The developer will continue to monitor this
progress and will incorporate all TxDOT updates into the future traffic analysis.
PERIMETER STREETS
State Highway 114 will be the primary access into Tract III. Internal circulation patterns will
orient traffic for easy access to State Highway 114. Kimball Avenue will be a secondary access
route. East Highland will only provide one full access for residential uses or an emergency
crash -gate for uses other than residential.
THOROUGHFARE PLAN IMPACTS
This proposal complies with the existing Master Thoroughfare Plan for the City. A
representative monitored the deliberations of the Planning and Zoning Commission concerning
the update of this Master Plan.
TRAFFIC IMPACT ANALYSIS
A detailed Traffic Impact Analysis (TIA) at the development plan stage of process. At that stage
of development, the proposed users will be known and an accurate analysis of all traffic impacts
can be performed.
June 3, 1997
96204401.R03 B -2
A i
RUNOFF STATEMENT
Timarron Commercial will detain 100% of the increase in runoff generated by future
development of these tracts.
All developments will abide by the existing drainage ordinances in the City of Southlake and will
work with the Public Works Department to address concerns regarding the effect of this project
on drainage.
June 3, 1997
96204401.R03 B -3
�7 r� 177 r U1 • JbVI'I di( Odd b(Jb F . k 1 ■■ "
1F2ECE[IVE,
u JUN 3 1937
DALE CRANE ;m�
3625 N. HALL ST.,SI ITE 620 By V' / t )
DAL LAS, TEXAS
214!520- 6350;FAX 2141520 -8176
TO: City of Southlake Council
c/o City Secretary (David Harris asked that you please distribute copies of this memo to
members of the Council in time for the workshop tonight.]
FROM: Dale Crane
DATE:June 03,1997
Re: Westerra zoning of Tract III
The following suggestions represent the views of many of the residents in the neighborhoods
along E. Highland, Sunshine Lane, Stanhope. Debbie Guthrie and/or I have spoken with most of the
folks and we've been authorized to represent their views on this matter. We want you and Steve Yetts
to have this memo to consider at the workshop.
These modifications to the zoning request will make Westerra's development much more
palatable, and, we think, not appreciably burdensome on the applicant
1. Enlarge Parcel A by extending its southern boundary to align with the south line of Harold
Knight's land; and
2. Impose on Parcel A the same 300' set back which was approved on Tract II; and
3. Eliminate from the entire Tract III all manufacturing uses, whether or not by SUP. We
cannot conjure any manufacturing fadllty which would be so beneficial to the City, and yet so benign
to the neighborhood, that it should be allowed. (The approval process for a SUP is not tantamount to
rezoning in that if a manufacturing use meets all the development requirments of the City, but it is
otherwise not a desirable facility. the City may not be able to deny the SUP if another, desirable,
mamifacturbng facility had previously been approved.)
Thanks for considering this request.
cc. Steve Yetts (fax # 972 -529 -5540) • of ■ \
Post - it ° Fax Note 7671 oa ° ( .3 O pa �
To From
u s 41 .
Cow, Co.
Phone k �♦ _♦
Fax' " ' .
RECD JUN u 1997
TOTAL P.01