1997-07-15CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
JULY 15, 1997
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans;
Deputy Mayor Pro Tem David Harris. Members: Scott Martin, Gary Fawks, Pamela Muller and
Wayne Moffat.
STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager;
Darcey Imm, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob
Whitehead, Director of Public Works; Run Harper, City Engineer; Shawn Poe, Engineer; Greg
Last, Director of Community Development; Karen Gandy, Zoning Administrator; Kim Lenior,
Director of Parks and Recreation; Ben Henry, Park and Recreation Planning and Construction
Superintendent; Billy Campbell, Director of Public Safety; Kevin Hugman, Community Services
Coordinator; Shelli Siemer, Community Services Coordinator; 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.
During the work session the Park and Recreation Board Report was given by Robin Jones who
reported on the following items: On Thursday September 25, 1997 the Park and Recreation Board
will be meeting with the SPIN Standing Committee; the Park and Recreation Board formed a task
force to determine park credits; she noted the Park and Recreation Board in support of the "joint
use" program; a discussion was held with regard to the relocation of the Fechtel Farm house,
noting the Historical Society wants to keep the house as one of their projects, but a storage place
for the building is yet to be determined.
INVOCATION: Mayor Pro Tem W. Ralph Evans.
The Regular City Council meeting was called to order by Mayor Rick Stacy at 6:05 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 appointments and evaluation of public officials, and regarding the deployment on
specific occasions for implementation of security personnel or devices.
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 1 OF 22
Council adjourned into executive session at 6:06 p.m.
Council returned to open session at 7:20 p.m.
Agenda Item #2-B. Action Necessary/Executive Session
Motion was made to authorize the City Attorney and the City Manager to explore the settlement
negotiations with the Town of Westlake along the lines discussed in executive session.
Motion: Harris
Second: Martin
Ayes: Harris, Ma~'m, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #3. Approval of the Minutes of the July 1. 1997 City Council Meetine
The minutes of the Regular City Council meeting held on July 1, 1997 were approved as corrected
to show that Councilmember Moffat made the motion in agenda item #7-B, and not
Councilmember Fawks as noted in the minutes.
Motion: Fawks
Second: Martin
Ayes: Fawks, Martin, Evans, Harris, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #4-A. Mayor's Report
Mayor Stacy made the following announcements during the Mayor's Report:
Final 40th Birthday Celebration for the City of Southlake will be held on September 27,
1997 at the site of Town Center. Call Tracy Southers, Public Information Officer, for
more information or to volunteer to help with the activities.
MetroPort Cities Partnership meeting will be held on July 17, 1997 at 7:30 a.m. in the
Keller Public Library.
Kaleidoscope of Homes will be held in Southlake this year in Cambridge Place Addition,
with the tour of eight homes. It will begin the end of August and mn through September.
The public is invited to attend this event which is sponsored by the Builder's Association
in Fort Worth and Tarrant County. The proceeds go to the Muscular Dystrophy
Association.
Budget work sessions will be held on August 12, 13 and 14 at Solana Education Center.
More information will be coming.
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 2 OF 22
SPIN will sponsor two public meetings to inform the citizens about the Reinvestment
Zone gl Southlake. The meetings will be held in the White Chapel Room at Bicentennial
Park on July 28 at 6:30 p.m. and July 30, at 7:00 p.m. The public is invited to attend.
The Park and Recreation Board will meet with the SPIN Standing Committee on
September 25, 1997. Keep that date in mind.
Agenda Item g4-B. City Manager's Report
No report made during this time.
Agenda Item g4-c. SPIN Report
No report made during this time.
Agenda Item #4-D. Park and Reereatlon Board Report
Report made during the work session.
Aeenda Item g5. Consent Agenda
The consent agenda consisted of the following items:
5-A. Authorize the Mayor to enter into an Amended Commercial Developer Agreement with
Southridge Center, L. P. For Lot 6, Block 6, Southridge Lakes, Phase C-1 Addition.
5-B. Award of bid for the slurry grouting of the pipe bedding and repair of concrete street
pavement in Timarron, Phase I.
5-C. Request to advertise for bids for an eight-foot self propelled asphalt paver.
9-A. Resolution No. 97-50, amending the fee schedule for park land dedication.
10-A. Award of bid for earthwork for proposed park improvements for Bob Jones Park, Phase
I.
Motion was made to approve item g5-A, g5-c, g9-A, and #10-A as a consent item.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 3 OF 22
Aeenda Item #5-B. Award of bid for the slurry erouting of the pipe beddin? and repair of
concrete street pavement in Timarron. Phase I.
Motion was made to table agenda item #5-B, time certain August 5, 1997.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy
Nays: None
Approved: 7-0 vote (to table)
ADDITIONAL INFORMATION ON CONSENT ITEMS
Amended Commercial Developer Agreement with Southridge Center, L.P. for Lot 6,
Block 6, Southridge Lakes, Phase Cq Addition. The amendment to the Developer
Agreement amends Section III.A. Indemnification.
An eight-foot self-propelled asphalt paver was approved for purchase in the FY96-97
budget. $35,000 is available for the purchase of this equipment. Staff requests permission
to advertise for bids for the equipment.
Resolution No. 97-50. At the July 1, 1997 City Council meeting, Ordinance No. 483-F
was approved on second reading, revising Article VII, Parks and Recreation Dedication
Requirements of the Subdivision Ordinance. The Ordinance list the amount of land to be
dedicated by the developer for residential and commercial developments. As an
alternative, the Ordinance provides for payment of a Park Dedication Fee to be paid in lieu
of park land dedication. The land value used to calculate the Park Dedication Fee is
included in the City's Schedule of Fees. The value of land per acre has increased from
$25,000 to $40,000.
10-A.
Award of bid for Bob Jones Park Improvements, Phase I, Earthwork Contract. Six bids
were received for the project. The low bid was James Arnold Construction of Southlake.
Mr. Arnold also did the grading of Bicentennial Park, Phase I, two years ago. The bid
was $369,718, which is $85,119 under the estimated budget. The Southlake Park
Development Corporation approved the award of bid on July 14, 1997 during their
meeting.
Agenda Item #6. Public Forum
Charlie Broadaway, 600 Bentwood Lane, Southlake. Mr. Broadaway stated he was speaking
before Council because he is opposed to the TIF zone. He stated he speaks for himse If and a lot
of residents that are also opposed to the TIF zone for many reasons including the complications,
the deceitfulness, and obscureness to the general public and they cannot understand what it is.
He stated they feels that everyone that comes to town should live by the same rules that the
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 4 OF 22
residents live by and be taxed that same way and the money should go to the commitments that
the city has already made for it and it should not be dedicated to someone who has strings attached
to it so that they can use it to their own advantage.
Agenda Item #7-K and gT-L. ZA 9%023 and ZA 9%024
Councilmember David Harris stated that agenda items #7-K and #7-L have come to the City
Council under less than optimal conditions. He requested that these items be tabled for
approximately thirty days, until the August 19, 1997 City Council meeting to continue the public
hearing.
Motion: Harris
Second: Moffat
Ayes: Harris, Moffat, Martin, Evans, Fawks, Muller, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #%J. ZA 97-068. Site Plan for Emergency Animal Hosnital
Motion was made to table ZA 97-068, Site Plan for an emergency animal hospital on the proposed
Lot 2, Block 1, Stonebridge Park, at the request of the applicant, William E. Hickey, time certain
August 5, 1997, continuing the public hearing.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #8-C and g8-D. ZA 9%065 and ZA 9%066. Owner and Applicant: Westerra-
Timarron. L.P.
Motion was made to table agenda Item #8-C, ZA 97-065, Development Plan for Timarron
Addition, Wyndsor Creek, Phase II, and Item #8-D, ZA 97-066, Preliminary Plat for Timarron
Addition-Wyndsor Creek, Phase II, at the request of the developer, time certain July 22, 1997.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Harris, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote (to table)
Agenda Item #7-A. Ordinance No. 678. 2nd reading. Annexation of Solana
Ordinance No. 678, 2nd reading, An ordinance of the City of Southlake, Texas, annexing the
hereinafter more particularly described territory generally described as an area comprising
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 5 OF 22
approximately 480 acres abutting State Highway 114, known as "Solana", and an area comprising
approximately 27 acres abutting that property to the City of Southlake, Texas, and extending the
boundary limits of said City so as to include said territory within said city limits and granting to
all owners of property all of the rights and privileges of other citizens and binding said owners
and other persons within the annexed area by all the acts, ordinances, and regulations of said City.
PUBLIC HEARING:
Kie Myzyka, 823 South Peytonville Avenue, Southlake. Mr. Myzyka asked the City Council to
put the action on this item on hold until all the legal issues have been resolved. He stated he feels
this is the wrong thing to do.
Public Hearing Closed.
Motion was made to approve Ordinance No. 678, 2nd reading.
Motion: Harris
Second: Martin
Mayor Rick Stacy read the caption of the ordinance into the record.
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #7-B. Ordinance No. 480-247. 1st readino, ZA 9%074, Zonin? the Sol.aha
Property
Ordinance No. 480-247, 1st reading (ZA 97~074), Rezoning of property described as
approximately 485 acres known as Solana and situated in the U.P. Martin Survey, Abstract No.
1015; T.W. Mann Survey, Abstract No. 1107; the J.B. Martin Survey, Abstract No. 1134; the
C.M. Throop Survey, Abstract No. 1510; the W. Medlin Survey, Abstract No. 1958, Tarrant
County, Texas; William Pea Survey, Abstract No. 2025, Tarrant County, Texas, the same being
Abstract No. 1045, Denton County, Texas; and the J. Henry Survey, Abstract No. 724; Tarrant
County, Texas; the same being Abstract No. 528, Denton County, Texas. Current zoning is
"AG" Agricultural District, with a requested zoning of "NR-PUD" Non-Residential Planned Unit
Development for a mixed use business complex, known as Solana, to include the following uses:
"0-2" Office District, "C-3" General Commercial District, "B-1" Business Service Park District,
"CS" Community Service District and "HC" Hotel District. Owners: International Business
Machines Corporation ("IBM"), Maguire/Thomas Partners-Westlake/Southlake Partnership,
Maguire Parmers-Westlake Partnership, and MTP-IBM Phases II & III Joint Venture.
Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property owners
within the 200' notification area and no written responses have been received. Ms. Gandy noted
the applicant has complied with all the Planning and Zoning Commission's recommended
manufacturing SUP's but requests that #7, computer research, be a permitted use and be exempted
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 6 OF 22
from the SUP approval process.
Bill Flarity, 107 Broadwick Court, Southlake, stated he works with leasing property for Solana.
Mr. Flarity explained how Solana came together by showing a slide presentation of Solana and
its success. He noted the first occupancy was in 1988 and stated the Marriott Solana is a two
hundred room hotel with 8,000 feet of meeting space. Flarity stated they market Solana on a
national basis.
Richard Kuhlman, Maguire Thomas Partners, 9 Village Circle. Mr. Kuhlman stated they built
Solana with high goals in mind, working hard to put the package together.
Motion was made to approve ZA 97-074, pursuant to the Plat Review Summary No. 2, dated July
11, 1997, including the Developer Agreement as modified and explained by Ms. Gandy to clarify
the deference between the SUP requirements for manufacturing only and not for computer
research; accepting all other eliminations for uses as shown via strike-out in the proposed use
sheets of the development regulations.
Motion: Martin
Second: Evans
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy
Nays: None
Approved: 7-0 vote
Councilmember Wayne Moffat commented he found it quite a
coincidence that two radio stations are at the meeting that have not
attended before. They are WBAP and KRLD. Moffat said, "the
minute that Council was called "neighbor kickers" the stations hear
that and leave." Moffat stated he feels it is quite coincidental that
Westlake hired a public relations fh'm today, and radio stations
came to the meeting. Council feels they are being good neighbors
to our corporate citizens. Moffat stated he wanted to clarif3~ that
and let it be known that Council does see the correlation in being
called "neighbor kickers" and actually "being good corporate
neighbors."
The second reading of this zoning will be on August 5, 1997.
Aeenda Item g7-C. Resolution No. 97-46 {ZA 97-075~ SUP for Solana Marriott Hotel
Resolution No. 97-46 (ZA 97-075), Specific Use Permit for the sale of alcoholic beverages for
on-premise consumption at Solana Marriott Hotel, on the property described as Lot 2R, Block 2,
of a final plat of Lots 1R and 2R, Block 2, Westlake/Southlake Park Addition No. 1, filed in
Cabinet A, Slide 283, dated November 16, 1989, in the Tarrant County Map and Plat Records,
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 7 OF 22
being approximately 6.286 acres. Current zoning is "AG" Agricultural District, with a requested
zoning of "NR-P-U-D' Non-Residential Planned Unit Development with "0-2" Office District,
"0-3" General Commercial District, "B-1" Business Service Park District, "CS" Community
Service District and "HC" Hotel District. Applicant: Hospitality International, Inc. Owner:
Maguire/Thomas Partners-Westlake/Southlake Partnership. Spin Neighborhood undetermined.
Public Hearing.
Karen Gandy, Zoning Administrator, commented that four (4) notices were sent to property
owners within the 200' notification area and no written responses have been received. Ms. Gandy
commented that the City has waived the requirement for a Concept Plan and/or Site Plan for
existing development. Ms. Gandy stated a valid permit is currently in place at this location.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Resolution No. 97-46.
Motion: Moffat
Second: Harris
Ayes: Moffat, Harris, Martin, Evans, Fawks, Muller, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item/g'/-D. Resolution No. 9747 (ZA 97-0761 SUP for sale of alcoholic beverages at
Chili's Restaurant at Solana.
Resolution No. 9747 (ZA 97-076) Specific Use Permit for the sale of alcoholic beverages for on-
premises consumption at Chili's Restaurant at Solana, on the property described as Lot IR, Block
2, of a fmal plat of Lots IR and 2R, Block 2, Westlake/Southlake Park Addition No. 1, filed in
Cabinet A, Slide 283, dated November 16, 1989, in the Tarrant County Map and Plat Records.
Current zoning is "AG" Agricultural District, with a requested zoning of "NR-PUD' Non-
Residential Planned Unit Development with "O-2" Office District, "C-Y' General Commercial
District, "B-I" Business Service Park District, "CS" Community Service District, and "HC'
Hotel District. Applicant: Chili's Beverage Company. Owner: Maguire/Thomas Partners-
Westlake/Southlake Partnership. SPIN Neighborhood undetermined.
Karen Gandy, Zoning Administrator, commented that four notices were sent to property owners
within the 200' notification area and no written responses have been received. Ms. Gandy stated
the City waived the requirements for a Concept Plan and/or Site Plan for existing development
and that a valid permit from the Texas Alcoholic Beverage Commission (TABC) has been in place
since 1989.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve Resolution No. 97-47 (ZA 97-076).
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 8 OF 22
Motion: Fawks
Second: Evans
Ayes: Fawks, Evans, Muller, Moffat, Martin, Harris, Stacy
Nays: None
Approved: 7-0 vote
Aeenda Item #7-E. Resolution No. 97-48 (ZA 97-077~ SUP for alcoholic beverages for
LaScala Restaurant at Solana.
Resolution No. 97-48 (ZA 97-077), Specific Use Permit for the sale of alcoholic beverages for
on-premises consumption at RAKIP (Jim) Lusha, d/b/a, La Scala Restaurant at Solana, on the
property described as Lot IR, Block 2, of a final plat of Lots 1R and 2R, Block 2,
Westlake/Southlake Park Addition No. 1, filed in Cabinet A, Slide 283, dated November 16,
1989, in the Tarrant County Map and Plat Records. Current zoning is "AG" Agricultural
District, with a requested zoning of "NR-PUD" Non-Residential Planned Unit Development with
the following uses: "0-2" Office District, "C-3" General Commercial District, "B-1" Business
Service Park District, "CS" Community Service District; and "HC' Hotel District. Applicant:
La Scala Ristorante Italiano, Inc. Owner: Maguire/Thomas Partuers-Westlake/Southlake
Partnership. SPIN Neighborhood undetermined.
The Zoning Administrator, Karen Gandy, noted for the record that four (4) notices were sent to
property owners within the 200' notification area and no written responses have been received.
The City has waived the requirement for a Concept Plan and/or Site Plan for existing
development. Ms. Gandy informed Council that a valid permit from the Texas Alcoholic
Beverage Commission is in affect as they have been in business for eight (8) months.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve Resolution No. 97-48 (ZA 97-077).
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Harris, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #7-F. Resolution No. 97-51. Establishing an Economic Development Program
with Solana.
Resolution No. 97-51, Establishing an Economic Development Program with the Partnership that
owns Solana, and authorizing the City Manager to execute an agreement for the City to participate
with Solana in the program. Curtis Hawk, City Manger, stated what the agreement would do is
recognize the fact that a substantial portion (the area the City just annexed) lies in the Trophy Club
Municipal Utility District (MUD) so Solana already pays a substantial tax to the Trophy Club
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 9 OF 22
MUD. This agreement would provide that any new property that is developed within the MUD
the City would get the difference in the tax rate, from what the MUD tax would be and what the
City tax would be. The City would get all the tax from any new property developed which is
located outside the MUD boundaries. The agreement also recognizes that we anticipate in the first
years' revenues, the city would receive somewhere in the neighborhood of $1.5 million from the
combination of different sales taxes the City will have imposed. It also recognizes the attempt
by the City to stimulate business and commercial activity in the Solana area, thereby increasing
the overall taxes the City receives, which can go to support the City services throughout the
conununity. The City would then participate in the building of the extension of Kirkwood
Boulevard from where it now ends over to Precinct Line Road and also the new Technology Drive
as set out in the exhibit in the Council packet.
Councilmember Gary Fawks asked regarding the purpose of the MUD tax, if the
City was going to collect property taxes and then pay the MUD tax? Mr. Hawk
responded the City will collect all the taxes and then grant it back so that the
property tax payer can pay the MUD tax.
Councilmember Scott Martin asked for clarification that the duration of the
agreement is for ten (I0) years. Curtis Hawk commented," if the MUD's were
not there, this agreement would terminate as there would be no need for the
agreement."
Mayor Stacy commented that there would be a $3 million dollar cap on the
extension of the roads expenditure. Mayor Stacy said, "the City is really
committing in the agreement to spend the money to build those roads. There is not
a deadline on building the roads at this time. When the time comes, Solana will
let us know." Stacy continued, "if we have already collected the revenue
sufficient, we can go forward at that time building the roads, and if we have not
collected the money when the time comes, either the City could issue Certificates
of Obligations or some other short-term note or some arrangement the City could
do with the developer fronting the money for the roads. Those two options are
there, and it is the City's discretion which option we would take, according to Mr.
Hawk."
Councilmember Martin stated, "the City of Westlake has not provided any
economic development to Solana that we are aware of in the past, in all their years
of existence." Mr. Hawk stated the officials of Westlake have said that on the
record, and that 98% of Westlake's revenue comes from Solana. Martin stated,
"this was really not a partnership-relationship as we have had with our portion of
Solana for the past years, with Southlake giving to them, and they giving back to
Southlake in some form." Mr. Hawk stated he believes that Solana is the largest
tax payer to the Carroll Independent School District and they don't put any
students in the school.
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 10 OF 22
Motion was made to approve Resolution No. 97-51, with minor changes to the Economic
Development Program, specifically to the extent that the agreement itself refers to where the
funding will come from on the City's part to pay for the capital improvements to Kirkwood and
Technology Drives; allow the City to make provisions to pay for those developments that the City
is committing to make, up to the sum of $3 million dollars, from sources available to the City;
and further, amending the language found on Page 5, specifically, Section 5 (d), splitting into two
parts that would modify the program grant on property already developed in the MUD, to read
as stated in the agreement; and further modifying the paragraph to provide that future development
in the MUD will result in the City returning only the amount of the payment due and owing to
the MUD, with the City keeping the balance in the difference between the MUD tax and the
property tax.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item ge'/-G. Ordinance No. 480-246. 2nd reading (ZA 97-055}
Ordinance No. 480-246, 2nd reading (ZA 97-055), Rezoning of approximately 5.63 acres situated
in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 5. Current zoning is
"AG" Agricultural District, with a requested zoning of "O-1" Office District. Owner/Applicant:
Ken Smith. SPIN Neighborhood #7.
Karen Gandy, Zoning Administrator, stated six (6) notices were sent to property owners within
the 200' notification area and the responses received include: Iva Lee Johnson, 720 Whispering
Wood Circle, Southlake, opposed; Bobby Struempler, 700 Whispering Wood Circle, Southlake,
opposed; Pamela Morrison, 710 Whispering Wood Circle, South. lake, opposed.
Ms. Gandy stated on July 1, 1997, the City Council approved this item (7-0), with the following
amendments: 1) recognize that the applicant volunteered to increase the bufferyard from 10' to
20'; 2) place an 8' masonry fence on the west; and 3) build residential-style buildings with pitched
roofs. Due to approximately 25 % opposition of property owners within the 200' notification area,
a super-majority vote (6 of 7) of the City Council will be required to approve this request.
John Levitt, Levitt Engineer, 726 Commerce, Suite 104, Southlake, was present representing Ken
and Darla Smith, owners of the property. Mr. Levitt reviewed for Council the concessions made
by Mr. Smith because of the desires of the property owners, including: 10' hnfferyard changed
to 20'; changing the set-back from 25' to 35'; changing a 6' wooden fence to a 6' masonry fence;
in regard to screening, planting 2" caliber trees on 25' centers. Mr. Levitt presented a letter to
the residents from Mr. Smith, dated July 15, 1997, which is hereby attached to the minutes of this
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meeting.
Councilmember Mart'm expressed that he was thankful that the developer has gone
the extra miles for the property owners and that the developer wishes to be a good
neighbor.
PUBLIC HEARING:
Bobby Struempler, 700 Whispering Woods Circle, Southlake. Mr. Struempler stated he is still
opposed to the zoning change, stating the letter presented by Mr. Smith will not hold according
to his attorney, adding, it is not an official document.
Ken Schaffer, 10139 Brockbank, Dallas. Mr. Schaffer stated he recently purchased the property
on Whispering Woods Circle and that he was given a copy of the letter tonight at 8:13 p.m. and
does not have tune to have it reviewed by his attorney. He stated he appreciates that Mr. Smith
is trying to work with the property owners. He stated his attorney stated the letter is not of any
use. He stated the terms in the letter are fine with him although he would like to see more set-
backs. He asked Council to delay the vote on this item until the issues could be worked out.
Lowell Morrison, 710 Whispering Woods Circle, Southlake. Mr. Morrison stated he is sure Mr.
Smith would keep his word, but the letter is not a legal document. He stated he feels if Mr. Smith
should sell the property they would have nothing. Mr. Morrison stated he measured all
commercial buildings next to residential structures and that the average set-back is 70', therefore,
they do not feel 50' is to much to ask of Mr. Smith.
Councilmember Scott Martin commented on the location of the parking from each
of the buildings, and asked at what location Mr. Morrison would like to see the
parking between his property and the property in question. Mr. Martin stated he
feels it will be better for the property owners to have the building closer and the
parking further away as a protection to the neighbors.
Iva Lee Johnson, 720 Whispering Wood Circle, Southlake. Ms. Johnson asked if the property
owners have a choice between the 35' set-back and no cars by her, she would rather have 35' set-
back.
Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated Council is encouraging the
citizens to consider deed restrictions, noting the citizens have stated what they are willing to
accept. Potter said, "they have gone to the expense to try and understand, and the then would
have to pay lawyers to enforce the deed restrictions."
Public Hearing Closed.
John Levitt stated the only change is the set-back from 25' to 35.' The Mayor stated he has heard
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 12 OF 22
the concerns. Levitt stated the property owners have gotten together and did not invite Mr. Smith
to try and work this out. Mr. Levitt stated it would be likely that they would not be driving
behind the structure if it were a 35' set-back. But that if the set-back were 50,' there might be
parking or a driveway behind the structure.
Ken Smith stated Mr. Morrison said he would pay 1/2 of cost if Smith built a masonry fence.
Now Mr. Smith is paying for all the fence and now the property owners want more set-back
frontage.
Councilmember Fawks stated he would like to see the two groups continue to work
on the agreement.
Pam Morrison, 710 Whispering Wood Circle, Southlake. Ms. Morrison stated her lawyers say
the document is not legal.
Allen Taylor, City Attorney, stated the document itself has terms and conditions
that are ligimately a portion of a valid deed restriction. Taylor said, "the problem
all of the citizens are referring to is, in-an-of-itself, not a deed restriction
instrument. It contains the "guts" of the agreement but a deed restriction itself is
a dedicatory instrument that creates rights of adjoining parties and binds
successors. There is language that needs to be incorporated in the document and
that is not yet done. The document presented is like a business agreement that set s
out the terms, but does not contain the dedicatory language that is necessary to
make it enforceable."
Council adjourned for recess at 9:12 p.m.
Council returned to the council table at 9:20 p.m.
The applicant, John Levitt, asked to have this item tabled until the August 5, 1997 meeting,
continuing the public hearing.
Motion was made to table Ordinance No. 480-246, 2nd reading, continuing the item time certain
August 5, 1997 City Council meeting, continuing the public hearing.
Motion: Fawks
Second: Muller
Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote (to table)
Agenda Item g'/-H. ZA 97-058. Site Plan of Southlake Oaks. Phase II
ZA 97-058, Site Plan of Southlake Oaks, Phase II, being legally described as Lot 2, Block 1, 1709
Southlake Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, according
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 13 OF 22
to the plat recorded in Cabinet A, Slide 3231, Plat Records, Tarrant County, Texas, and being
approximately 1.8685 acres situated in the Littleberry G. Hall Survey, Abstract No. 686. Current
zoning is "C-2" Local Retail Commercial District. Owner/Applicant: 1709 Southlake Oaks, Ltd.
SPIN Neighborhood #13.
Karen Gandy, Zoning Administrator, commented that seven (7) notices were sent to property
owners within the 200' notification area and no written responses have been received. She noted
this item went before the City Council on June 17, 1997 and was tabled time certain July 15,
1997. The public hearing was officially closed.
Neil Kookerbalm, 16800 Dallas Parkway, Dallas. Mr Kookerbalm explained the plat and why
they deleted the "hat" from the tower on the front of the building, adding, he felt it looked off-
balance so they removed it. Mr. Kookerbalm stated they pride themselves in building high quality
developments.
Councilmember Harris expressed concerns with the new proposed driveway.
Mr. Mark Wolfe, architect, stated he doesn't feel the pad site is marketable without the additional
driveway.
Councilmember Martin stated he feels Mr. Wolfe made two major blunders: 1)
asking for another curb-cut; and, 2) safety near the City park.
Mr. Kookerbalm requested this item be tabled until the August 19, 1997 City Council meeting.
Motion was made to table ZA 97-058, time certain August 19, 1997 City Council meeting,
forgiving the placement of the missing "hat" on the Phase I building; with $5,000 going to the
traffic light fund; and continuing the public hearing.
Motion: Fawks
Second: Muller
Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote (to table)
Agenda Item gT-I. ZA 97-054. Site Plan for Georgetown Park. Phase II
ZA 97-054, Site Plan for Georgetown Park, Phase II, being legally described as Lot 1, Block 1,
Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according to the
plat recorded in Cabinet A, Slide 3434, Plat Records, Tarrant County, and being approximately
3.058 acres of land situated in the Thomas Easter Survey, Abstract No. 474. Current zoning is
"C-2" Local Retail Commercial District. Owner: Georgetown Monticello Parmers, Ltd.
Applicant: Realty Captial Corporation. SPIN Neighborhood #7.
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 14 OF 22
Karen Gandy, Zoning Administrator, commented that fourteen (14) notices were sent to property
owners within the 200' notification area and three (3) written responses have been received, from:
G.L.M. Nettleton, 2611 E. Southlake Boulevard, Southlake, in favor; Roy Lee, 2620 E.
Southlake Boulevard, Southlake, in favor, "this is a quality building and should be an asset to the
neighborhood" and, Howard Cart, 311 South Kimball Avenue, Southlake, in favor, "provided
the building installs a wooden fence along the west property line similar to the one already built
on the (north)west property line." Ms. Gandy noted this item went before the City Council on
June 17, 1997, being tabled until this meeting. The applicant has met all requirements in Site Plan
Review Summary No. 1 dated May 30, 1997, with the exception of those requirements addressed
in the Site Plan Review Summary No. 2 dated July 11, 1997.
Tom Wouters and Richard Myers, applicants, were present to answer questions for Council,
noting they plan to take the fence to the end of the second phase.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 97-054, pursuant to the Site Plan Review Summary No. 2 dated
July 11, 1997; accepting the horizonal and vertical articulation as shown in the documents;
providing for the variances as noted: leave the east bufferyard as noted as two type "A"; and
retaining the option of requiring it south of the Phase II development as currently shown on this
plan; the same on the south and west bufferyard south of the limits of construction.
Motion: Martin
Second: Evans
Curtis Hawk, City Manger, noted for the record that the 1.22 acres south of this
property was purchased by the City for an elevated storage tank, however, due to
DFW regulations, the City sold the property.
Ayes: Maffm, Evans, Fawks, Muller, Moffat, Harris, Stacy
Nays: None
Approved: 7~0 vote
Agenda Item #7-M. ZA 97-069. Site Plan for Retail Evecare and Professional Offices
ZA 97-069, Site Plan for retail eyecare and professional offices for Dr. Wallace Ryne, on the
proposed Lots 12R1 and 12R2, Block 2, Diamond Circle Estates, on property legally described
as being Lot 12, Block 2, Diamond Circle Estates, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-177, Page 7, Plat Records, Tart ant
County, Texas. Applicant: FDB Architects. Owners: Diamond I Ltd. SPIN Neighborhood #10.
Karen Gandy, Zoning Administrator, commented that seven (7) notices were sent to property
owners within the 200' notification area and one (1) written response has been received from To m
Miller, 2 Diamond Limited, 5604 Oak Top, Colleyville, in favor.
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 15 OF 22
This item was acted upon by the Planning and Zoning Commission on July 10, 1997, approved
(7-0) subject m Revised Site Plan Review Summary No. 1 dated June 27, 1997, with the following
amendments: 1) waive requirement #3a (provide 5' Type A bufferyard along the east property line
of Lot 12R1 and 12R2 and along the west property line of Lot 12R2, planting required plants
elsewhere on site; 2) waive requirement #6a (minimum driveway spacing of 500' from right of
ways intersecting F.M. 1709); 3) waive requirement #6b (minimum driveway throat depths for
stacking); 4) requirement #10a (provide elevations of the proposed structure on Lot 12R1)-waive
elevation requirement, stating that it is understood that no building permit will be issued without
revised site plan approval by P&Z and City Council for Lot 12R1, to include building elevations;
5) requirement #10c (provide horizontal and vertical articulation on all facades of each building)-
forgive all articulations except for the west, which is required; 6) waive requirement #11 (40' rear
building setback required along the north property line); 7) require dumpster to be angled,
allowing an encroachment into the rear bufferyard, not to exceed 2-3 feet; 8) evaluate lighting and
use m'mimal impact lighting where possible.
Dr. Wallace Ryne, D.O. Dr. Wallace was present to answer questions for Council, noting he
plans to build his practice for an eye care center.
Fred Ballinger, owner, FDB Architects. Mr. Ballinger stated this has site specific issues and that
the property cannot be developed without some variances.
Councilmember Scott Martin asked for a commitment to professional services on
the property and not retail.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve ZA 97-069, Site Plan for retail eyecare and professional offices,
subject to the Revised Site Plan Review Summary No. 2, dated July 11, 1997; waiving the
requirement of item 1 allowing the plantings required to be plated elsewhere on the site; item #2,
require the dumpster to be angled, allowing an encroachment into the rear bufferyard, not to
exceed 2-3 feet; item #4a, waive the requirement; item 6a, waive the requirement, stating that it
is understood that no building permit will be issued without the approval of the P&Z and City
Council for Lot 12R1, to include building elevations; item 6c, forgiving all missing articulation
except for the west wall; item #7, waiving the requirement for the 40' rear building setback and
allow as shown at 25'; noting that the sign approval shall be by separate instrument and permit
and meet the requirements as set forth in the sign ordinance.
Motion: Ma~'m
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Moffat, Stacy
Nays: Muller
Approved: 6-1 vote
Councilmember Harris added that he took the opportunity to visit with Dr. Ryan
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 16 OF 22
and he has indicated that if the City would care to initiate rezoning of this property
and absorb the expense related to it, that he would be amenable to having the
property rezoned to "O-1" Office District.
Agenda Item g7-N. ZA 97-070. Plat Revision for the nro_m~sed Lots 12R1 and 12R2. Block
2. Diamond Circle Estates
ZA 97-070, Plat Revision for the proposed Lots 12R1 and 12R2, Block 2, Diamond Circle
Estates, being a revision of Lot 12, Block 2, Diamond Circle Estates, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-177, Page 7,
Plat Records, Tarrant County, Texas, being approximately 0.919 acres situated in the W.W. Hall
Survey, Abstract No. 687. Current zoning is "C-2" Local Retail Commercial District. Applicant:
FDB Architects. Owner: Diamond I Ltd. SPIN Neighborhood gl0.
Karen Gandy, Zoning Administrator, commented that five (5) notices were sent to property
owners within the 200' notification area and one (1) response was received from Tom Miller, 2
Diamond Limited, 5604 Oak Top, Colleyville, in favor. The Planning and Zoning Commission
approved this item on July 10, 1997, with the following amendments: 1) delete requirement #10
(minimum lot width of 125' at the rear lot line); and, 2) delete requirement #11 (minimum 30,000
s.f. lot area on both lots).
Fred Ballinger, FDB Architects, representing the owner. Mr. Ballinger stated lot widths and sizes
make this site difficult. He stated he had no problems with the Plat Review Summary No. 2.
Mr. Ballinger noted that on item #6, they are providing that.
Motion was made to approve ZA 97-070, pursuant to Plat Review Summary No. 2 dated July 11,
1997; deleting the requirement for the 125' minimum rear lot line in item #4 and in item #5,
delete the requirement of the minimum lot size.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #8-A. Ordinance No. 480-241.1st reading ZA 97-034~
Ordinance No. 480-241, 1st reading (ZA 97-034), Rezomg of 320 West Highland, being
approximately 6.311 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being
Tract 8D. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1B'
Single Family Residential District. Owner and Applicant: Terry Robert Seaborn. SPIN
Neighborhood #11.
Karen Gandy, Zoning Administrator, commented that ten (10) notices were sent to property
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 17 OF 22
owners within the 200' notification area and five (5) written responses have been received from:
Kay Myers, 570 Love Henry Court, Southlake, opposed, "SF-1B" zoning of six potential homes
of 1,500 would not be in keeping with the immediate area"; Bert Yetman, P.O. Box 1116,
Grapevine, undecided, "No knowledge of amount of homes to be built or class of home (s)'; Jerry
Passmore, 340 Highland Street, Southlake, opposed, "a subdivision off of Highland would 1 ) not
been enhancement to any of us on the street 2) excessive traffic flow due to new schools and
larger subdivision traffic 3) sewer is not available 4) road frontage is not adequate. If the request
is only to be able to see the house and one acre then and only then would I agree to this request
for rezoning."Robin Blackwood, 280 W. Highland Street, Southlake, opposed, "we are strongly
opposed to more than two homes in this tract. Our opposition is based on the character of the
entire W. Highland neighborhood, which is "rural" in nature and has lots generally well in excess
of one acre. We would prefer one home only." Doreen Seebeck, 480 W. Highland, Southlake,
opposed, "I would be opposed to multiple housing development. I would be in favor of one or
two houses built to conform with the rest of the neighborhood. I would like to continue to have
access to the Southlake Equestrian Trail head//3."
Terry Seaborn, was present asking Council to give him what he asked for or nothing.
PUBLIC COMMENT:
Tim Railey, 440 West Highland, Southlake. Mr. Railey stated it wouM be inconsis tent to rezone
the property. He stated he feels this property should be the same as the rest of the neighborhood.
Motion was made to approve Ordinance No. 480-241, 1st reading.
Motion: Harris
Second: Moffat
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Moffat, Martin, Evans, Fawks, Muller, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item gS-B. ZA 97-079. Preliminary Plat for Harrell Place Addition
ZA 97-079, Preliminary Plat for Harrell Place, being legally described as approximately 5.8438
acres situated in the J.G. Allen Survey, Abstract No. 18 and being Tract lC. Current zoning is
"SF-1A' and 'SF-30" Single Family Residential District. Owner and Applicant: DDFW
Properties. SPIN Neighborhood//16.
Karen Gandy, Zoning Administrator, commented that twenty-one (21) notices were sent to
property owners within the 200' notification area and six (6) notices were received, including:
Jerry Wayne, 425 N. Pearson Lane, Keller, opposed; John Wayne Oldham, 3165 Johnson Road,
Southlake, in favor; Tod Radford, 3185 Johnson Road, Southlake, undecided; Thomas Van Fleet,
407 North Pearson Road, Keller, opposed; Bertram Poulin 345 North Pearson Lane, Keller,
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 18 OF 22
opposed; and, Donald McMoy, 3200 Gray Lane, Southlake, in favor.
Ron Harper, City Engineer, explained to Council and the audience the steps that
would need to be taken to correct the drainage problems near this addition and the
drainage easement in Cimmarron Acres Addition.
Wayne Lee, Developer, stated he feels the biggest drainage problem is on Lot 2, Block 1 of
Cimmarron Acres Addition.
PUBLIC COMMENTS:
Bobby Butler, 3210 Gray Lane, Southlake. Mr. Butler presented five (5) photographs of his
property after recent rains, showing the amount of water that stands on his property. Mr. Butler
stated he was aware of the drainage easement and that a problem existed when he purchased his
property. He stated he does not feel the easement can be cleaned out enough to make any
difference. He asked Council, "Why do I have to be the dumping problem?" If the City put in
a drainage pipe it would give him back the use of his land. He wants to see if it is fixed before
any dirt is turned on the new development.
Mayor Rick Stacy stated the drainage problem will need to be addressed during the
developer agreement for Harrell Place Addition.
Director of Public Works, Bob Whitehead, stated he does not care to comment
until he sees the drainage plans. Ron Harper stated, the City will need a
construction easement, as the City may need to move equipment in/out to repair
the problem.
L.D. Tucker, 3300 Gray Lane. Mr. Tucker stated he is on the corner and has more land under
water than anyone. He stated he feels if the City will add more pipe, it will put more water on
him. He stated he feels if the City would clean out the vegetation on Pearson Lane, it would help.
Motion was made to approve ZA 97-077, subject to the Plat Review Summary No. 2 dated July
11, 1997.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Councilmember Fawks stated this item will come back to Council with a
Developer Agreement in the near furore.
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 19 OF 22
A_eenda Item g8-E. Ordinance No. 480-248. 1st reading tZA 97-080)
Ordinance No. 480-248, 1st reading (ZA 97-080), Rezoning of a portion of Lot 2, Block 1, Bake r
Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Cabinet A, Slide 1575, Plat Records, Tarrant County, Texas, and being approximately
1.2983 acres. Current zoning is "SF-I" Single Family Residential District, with a requested
zoning of "RE" Residential Estate District. Owners and Applicants: Brandon and Charlotte
Baker. SPIN Neighborhood//14.
Karen Gandy, Zoning Administrator, commented that four (4) notices were sent to property
owners within the 200' notification area and no written responses have been received.
Brandon Baker, owner/applicant, was present to answer questions for Council.
Motion was made to approve Ordinance No. 480-248, 1st reading.
Motion: Fawks
Second: Evans
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Fawks, Evans, Muller, Moffat, Martin, Harris, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #8-F. ZA 97-071. Plat Revision for Lots IR and 2R. Block 1. Baker Estates
ZA 97-071, Plat Revision for the proposed Lots 1R and 2R, Block 1, Baker Estates, being a
revision of Lot 1 and Lot 2, Block 1, Baker Estates, an addition to the City of Southlake, Tar rant
County, Texas, according to the plat recorded in Cabinet A, Slide 1575, Plat Records, Tarrant
County, Texas. Current zoning is "RE" Residential Estates District, and "SF-1A' Single Family
Residential District. Owners and Applicants: Brandon and Charlotte Baker. SPIN Neighborhood
#14.
Karen Gandy, Zoning Administrator, conunented the Plat Revision was approved by the Planning
and Zoning Commission on July 10, 1997, with the following amendments: 1) reword
requirement #1lc (ad "Utility Easement" to the existing drainage easements) to require an
additional "water and sanitary sewer" easement on north-south portion of existing drainage
easement.
Brandon Baker, owner, stated he agrees to put an easement on the north-south portion of the
existing drainage easement, but he is not happy about it.
Motion was made to approve ZA 97-071, Plat Revision for Lots iR and 2R, Block 1, Baker
Estates, pursuant to the Revised Plat Review Summary No. 1 dated July 11, 1997, not'mg the
change item 1 lc, removing "water" and adding "sewer" to the easement.
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 20 OF 22
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #11-A. Discussion: City-Initiated Rezonings
Curtis Hawk, City Manager, stated staff is seeking direction from the City Council on the one
remaining city-initiated rezoning case, ZA 97-040, stating, this case reflected two (2) properties
located at the Northeast corner of North Peymnville Avenue and F.M. 1709. Tract 2-1 is owned
by the Grace Presbyterian Church and Tract 2-2 is owned by Southridge Center, L.P.
According to a memorandum dated July 11,1997, from Karen Gandy, Zoning Administrator, there
were originally five (5) cases with multiple properties being considered for rezoning. The
Planning and Zoning Commission reviewed all five cases on May 8, 1997, and recommended that
all cases (with the exception of ZA 97-040), be denied. This case was on the Council agenda on
May 20, 1997, and action was deferred until after the Council's June, 1997 Retreat. Although
the subject of city-initiated rezoning was discussed at the retreat, no date was set for future
deliberation of case ZA 97-040.
Councilmember Gary Fawks stated he feels the zoning approved by the P&Z needs
to move forward, and he added, from the recent Dalton letter, they are actively
marketing his property.
Councilmember Pamela Muller commented on the meetings held by her,
Councilmember Fawks and Karen Gandy with regard to city-initiated rezonings.
Ms. Muller stated the committee brought forth a list of different zoning categories
throughout the city that have been raised over the past ten years that possibly need
to be looked at. They discussed what the top five might be because there might be
a situation where someone is requesting a site plan and it would be too late to
change the zoning. Muller stated she is confused with what happened at the
planning and zoning level. This was not meant to upset property owners or
anyone.
Cotmcilmember David Harris stated he felt the recommendations from staff and the
Council committee should have gone back to the City Council for further
direction.
Curtis Hawk, City Manager, stated he feels staff should relook at the issues and
bring back something for the City Council to look at.
Councilmember Scott Martin stated study groups come back to the City Council
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 21 OF 22
to let the City Council vote and give clear direction to the Planning and Zoning
Commission on what the Council wants.
Agenda Item//12. Ad_iournment
Upon closing, it was noted the ground breaking of Bob Jones Park will be held the first or second
week in August. The water tower at F.M. 1709 and Pearson Lane will be complete and a
dedication ceremony will taken place the first part of August, according to Bob Whitehead,
Director of Public Works.
Mayor Stacy adjourned the meeting at 11:55 p.m.
City Secretary
Ma~or ~ick Stacy
D:\WP-FILES\MINUTES\CC-7-15-. MIN
REGULAR CITY COUNCIL MEETING MINUTES JULY 15, 1997 PAGE 22 OF 22
KENNETH SMITH RECD JUL 1 5 1997
P.O. Box 3
Grapevine, Texas 76051
To: Lowell and Pamela Morrison
Bobby and Darlene Struempler
W.A. Johnson
Ken and Jennifer Shafer
Date: July 15, 1997
Re: Screening Wall on common boundary
Dear Property Owners:
As the owner of property adjacent to yours, and subject to my
zoning request on the Smith Tract (attached as Exhibit "A ") being
approved, I promise to accomplish and /or deed restrict to
accomplish the following:
1. Construct a six (6) foot masonry fence along the western
boundary of the Smith Tract on or before September 1, 1998.
If, for any reason, the development project proceeds under the
approved zoning and plat by the City of Southlake and the
fence project is not complete on or before September 1, 1998,
then the adjacent property owners may individually or
cooperatively file suit against me or the current owner to
demand payment on a prorata share at the rate of $50.00 per
linear foot along the common boundary, plus all court and
attorneys costs as liquidated damages. The adjacent property
owners may elect either to construct the fence directly or
retain the amounts paid as liquidated damages.
2. Upon final City approval of the 0 -1 zoning classification for
the four (4) platted lots abutting the adjacent property
owner's tracts, all buildings will be constructed with pitched
roof designs in order to keep a residential appearance. No
flat roof construction will be allowed under the deed
restrictions to be placed upon the sites. Any second story
windows oriented toward the western property lines shall be
constructed with non transparent glass block or frosted glass
materials. This requirement will allow natural light into
second floor offices and eliminate any direct view from the
proposed offices into the privacy of the neighbors property or
homes. All buildings constructed within these 4 lots will
require a minimum of 20 feet rear yard buffer zone from the
rear property line, and a 35 foot building setback. Any
exterior lighting located on the buildings or within the
parking lot areas will be installed in a manner which reduces
or eliminates any "bleed over" lighting into the adjacent
owner's tracts.
3. I will agree to install evergreen plantings consisting of a
minimum of 2" caliper in size, 8 foot in height and spaced
along the east side of the masonry wall at a minimum distance
of 25 foot on center. The planting material shall comply with
the standard list acceptable by the City of Southlake.
Location and screening of all trash dumpsters shall be in
accordance with all requirements of the City.
4. This promise will be made a part of all sales for the effected
area as long as the zoning of the tracts remain 0 -1
designation.
Signed on this the 15th day of July, 1997.
Kenndth mi� th
SUBSCRIBED AND SWORN TO BEFORE ME this 15th • =y of July, 1997.
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p 117 " ;, 1
GENERAL FUND
Statement of Revenues, Expenditures and Changes in Fund Balance
for the period ended June 30, 1997
with Comparative Actual amounts for the period ended June 30, 1996
(fiscal month 9 - 75.00%)
Revised Percen Actual Percent
Mon Year to Date 1996/97 Collected Year to Date Total Collected/
REVENUES 1996 /97 Budget I . ' s 6/30/96 9/30/96 Expended
Ad Valorem Taxes $75,402 $3,345,423 $3,357,212 99.6% $2,772,393 $2,939,869 94.3%
Sales Tax 152,577 1,176,582 1,846,000 63.7% 929,776 1,476,709 63.0%
Franchise Fees 38,153 833,678 763,397 109.2% 506,968 509,630 99.5%
Fines 68,287 364,098 353,600 103.0% 314,658 435,537 72.2%
Charges for Services 48,779 259,031 279,850 92.6% 142,108 222,052 64.0%
Permits /Fees 262,312 1,778,686 2,249,310 79.1 % 1,996,970 2,642,353 75.6%
Miscellaneous 18,384 119,210 105,179 113.3% 59,562 115,859 51.4%
Interest Income 9,173 134.146 143.000 93.8% 99,344 159.851 62.1%
Total Revenues $673,067 $8,010,854 $9,097,548 88.1% $6,821,779 $8,501,860 80.2%
EXPENDITURES
City Secretary $19,206 $175,712 $263,253 66.7% $156,412 $255,958 61.1%
Human Resources 6,824 98,656 128,505 76.8% 0 0 0.0%
City Manager 64,581 365,654 480,565 76.1% 296,271 432,524 68.5%
Economic Development 6,598 61,519 114,882 53.5% 76,422 110,511 69.2%
Support Services 71.058 832,617 1.045.160 79.7% 749,609 981,311 76.4%
subtotal - General Govt. Dept. 168,267 1.534.15.8 2 032,365 75.5% 1278.714 1.78Q304 71.8%
Finance 46,951 330,374 381,591 86.6% 222,880 390,664 57.1%
Municipal Court 21,337 172,206 249,514 69.0% 135,172 206,602 65.4%
Municipal Court -Teen Court 6.025 32.619 52,206 62.5% 28.659 38,212 75.0%
subtotal - Finance Dept. 74.313 535 683 78.3% 386 6%5 60.9%
Fire 171,816 890,202 1,452,264 61.3% 597,697 901,925 66.3%
Police 168,127 1,593,117 2,188,966 72.8% 911,291 1,389,060 65.6%
Public Safety Support 64.920 686,528 935.952 73.4% 581,712 835,717 69.6%
subtotal - Public Safety Dept. 404.863 3.169, 847 4,577182 69.3% 2.090.700 1126.702 66.9%
Building 30,959 328,554 511,928 64.2% 251,749 351,228 71.7%
Streets /Drainage 60,196 526,324 896,918 58.7% 573,865 871,038 65.9%
Public Works Administration 49.779 472.418 754.678 62.6% 264,623 360,338 73.4%
subtotal - Public Works Dept. 140,914 1,327796 2.163.524 61.3% 1.090237 1.582.604 68.9%
Parks and Recreation Dept. 131.424 652.838 995.861 65.6 % 385 089 623.974 61.7%
Community Development Dept. 34 .499 335.608 537.157 62.5% 249 906 417.495 59.9%
Total Expenditures $954 300 $7 554 9466 $10 989 400 68.7% $5.481.357 $8 166.557 67.1%
Excess (deficiency) of
Revenue over Expenditures ($281,233 $455,908 ($1,891,852) $1,340,422 $335,303
OTHER FINANCING
SOURCES AND (USES).
Proceeds from C.O. Sale (net) $0 $842,184 $920,000 $0 $88,107
Transfer In -Other Funds 0 0 633,000 594,607 594,607
Transfer to Infrastructure 0 0 0 722181 (377.287)
Total Other Sources /(Uses) $0 $842,184 $1,553,000 $217,319 $305,427
Excess (deficiency) of
Revenues /other sources over Exp. ": 1.1.22.8 (5338 = „8521 $1 557 741 $640 730
FUND BALANCE OCT 1 $2,326,534 $2,326,534 $1,689,294 $1,689,294
Change in reserved fund balance $0 $0 ($3,490) ($3 ,490)
ENDING FUND BALANCE $3 624 626 $1 987 682, $3 241.545 $2.326 534
fund balance percentage 18.1 % 2g-
07/15/97 page 1 JUN97.WK4
WATER AND SEWER ENTERPRISE FUND
Comparative Statement of Revenues and Expenses
for the period ended June 30, 1997 and June 30, 1996
(fiscal month 9 - 75.00%)
Revised Percen Actual Percent
Mon Year to Date 1996 -97 Collected Year to Date Total Collected/
REVENUES • 1 • 1996 -97 Budget • - n' - _ 6/30/96 9/30/96 Expended
Water Sales- residential $517,495 $2,470,533 $4,250,000 58.1% $2,756,919 $4,379,575 62.9%
Water Sales- commercial 66,110 396,819 475,000 83.5% 375,325 576,519 65.1%
Sewer Sales 77,728 561,145 590,000 95.1% 484,311 680,936 71.1%
Sanitation Sales 42,901 369,241 508,000 72.7% 332,955 448,336 74.3%
Other utility charges 42,038 294,279 359,000 82.0% 328,250 439,275 74.7%
Miscellaneous 3,304 46,797 85,900 54.5% 101,640 168,453 60.3%
Interest Income 1.885 56,434 68,750 82.1% 74.446 102,729 72.5%
Total Revenues $751,461 $4,195,248 $6,336,650 66.2% $4,453,846 $6,795,823 65.5%
EXPENSES
Water $304,337 $2,263,198 $3,922,642 57.7% $2,073,501 $3,539,021 58.6%
Sewer 359,895 647,557 744,873 86.9% 1,368,720 533,178 256.7%
Sanitation 37,572 291,547 483,000 60.4% 257,423 393,855 65.4%
Debt Service -
Revenue Bonds 239.903 1,264,523 1,448.048 87.3% 204.972 1,835.341 11.2%
Total Expenses $941,707 $4,466,825 $6,598,563 67.7% $3,904,616 $6,301,395 62.0%
Excess (deficiency) of
Revenue over Expenses _. e 1 ± . ($271 . 577) LULL $5497.30 $494,42$
OTHER FINANCING
SOURCES AND (USES)
Transfer In -Other Funds $58,181 $523,628 $698,170 $275,910 $367,879
Transfer Out -Other Funds 4 4 (633.000) (840,791) (1,555.556)
Total Other Sources /(Uses) $58,181 $523,628 $65,170 ($564,881) ($1,187,677)
Excess (deficiency) of
Revenues and other sources
over Expenses 1. $252 051 ($196.7431 ($15 651) ($693.249)
07/15/97 page 2 JUN97.WK4
CITYOF SOUTHLAKE
SALES TAX REVENUES
1996 -97 collected budget balance
budget to date balance percent
$1846,000 $t348.395 $497,605 26.96%
FISCAL FISCAL FISCAL FISCAL FISCAL
YEAR % Inc YEAR % Inc YEAR % Inc YEAR % Inc YEAR % Inc
MONTH 92/93 -Dec 93/94 -Dec 94/95 -Dec 95/96 -Dec 96 -97 -Dec
October $50,956 9.0% $99,408 95.1% $89,951 -9.5% $128,689 43.1% $161,892 25.8%
November 42,126 50.8% $50,623 20.2% $52,099 2.9% $111,917 114.8% $135,367 21.0%
December 33,850 1.7% $70,155 107.3% $67,243 -4.2% $103,975 54.6% $115,084 10.7%
January 67,713 69.2% $106,541 57.3% $95,687 -10.2% $140,362 46.7% $198,873 41.7%
February 39,351 -1.9% $57,839 47.0% $68,015 17.6% $95,269 40.1% $125,671 31.9%
March 44,176 17.8% $59,378 34.4% $56,600 -4.7% $103,163 82.3% $104,733 1.5%
April 68,664 19.3% $87,438 27.3% $88,212 0.9% $137,030 55.3% $182,384 33.1%
May 54,623 33.2% $58,291 6.7% $81,109 39.1% $109,371 34.8% $152,577 39.5%
*first month of 1'2 cent sales tax
June 52,027 20.7% $59,577 14.5% $83,253 39.7% $1'12,317 34.9% $171,813 53.0%
July 80,567 56.9% $94,157 16.9% $135,187 43.6% $179,803 33.0% $0`
August 48,290 0.9% $58,980 22.1% $109,584 85.8% $132,367 20.8% $0
Septembe 54,395 27.3% $75.228 38.3% $106.563 41.7% $122.445 14.9% $0
TOTAL $636,738 24.8% $877,615 37.8% $1,033,502 17.8% $1,476,708 42.9% $1,348,395 29.4%
SOUTHLAKE PARKS DEVELOPMENT CORPORATION
1996 -97 collected budget balance
budget to date balance percent
$923.000 $674.197 $248.803 26.96%
FISCAL FISCAL FISCAL FISCAL FISCAL
YEAR % Inc YEAR % Inc YEAR % Inc YEAR % Inc YEAR % Inc
MONTH 92/93 -Dec 93/94 -Dec 94/95 -Dec 95/96 -Dec 96 -97 -Dec
October $0 0.0% $0 n/a $44,975 n/a $64,344 43.1% $80,946 25.8%
November 0 0.0% 0 n/a 26,049 n/a 55,958 114.8% 67,684 21.0%
December 0 0.0% 0 n/a 33,622 n/a 51,987 54.6% 57,542 10.7%
January 0 0.0% 0 n/a 47,843 n/a 70,181 46.7% 99,437 41.7%1
February 0 0.0% 0 n/a 34,007 n/a 47,635 40.1% 62,836 31.9%1
March 0 0.0% 0 n/a 28,300 n/a 51,581 82.3% 52,366 1.5%1
April 0 0.0% 0 n/a 44,106 n/a 68,515 55.3% 91,192 33.1%
May 0 0.0% 29,145 n/a 40,554 39.1% 54,686 34.8% 76,289 39.5%
June 0 0.0% 29,788 n/a 41,627 39.7% 56,159 34.9% 85,906 53.0%
July 0 0.0% 47,079 n/a 67,593 43.6% 89,901 33.0%
August 0 0.0% 29,490 n/a 54,792 85.8% 66,184 20.8%
Septembe Q 0.0% 37.614 n/a 53.282 41.7% 61.223 14.9%
TOTAL $0 0.0% $173,116 n/a $516,751 198.5% $738,354 42.9%1 $674,197 29.4%
07/15/97 SLTX97 -2.WK4
CITYOF SOUTHLAKE
Sales Tax Analysis
FY 1996 -97
Actual Budget Actual Estimated (est -budg) %
Month 1995 -96 1996 -97 1996 -97 1996 -97 Difference Change
October $128,689 $151,853 $161,892 $161,892 $10,039 6.61%
November $111,917 $132,062 $135,367 $135,367 $3,305 2.50%
December $103,975 $122,691 $115,084 $115,084 ($7,606) -6.20%
January $140,362 $165,627 $198,873 $198,873 $33,246 20.07%
February $95,269 $112,417 $125,671 $125,671 $13,254 11.79%
March $103,163 $121,732 $104,733 $104,733 ($16,999) - 13.96%
April $137,030 $161,695 $182,384 $182,384 $20,689 12.79%
May $109,371 $129,058 $152,577 $152,577 $23,519 18.22%
June $112,317 $132,534 $171,813 $171,813 $39,279 29.64%
July $179,803 $212,168 $0 $212,168 $0 0.00%
August $132,367 $206,193 $0 $206,193 $0 0.00%
September $122.445 $197.970 VI $197.970 $ 0.00%
Total $1,476,708 $1,846,000 $1,348,395 $1,964,725 $118,724 6.43%
% Increase 25.01% 33.05%
Southlake Parks Development Corporation
1/2 cent sales tax
Actual Budget Actual Estimated (est -budg) %
Month 1995 -96 1996 -97 1996 -97 1996 -97 Difference Change
October $64,345 $75,927 $80,946 $80,946 $5,019 6.61%
November $55,959 $66,031 $67,684 $67,684 $1,653 2.50%
December $51,988 $61,345 $57,542 $57,542 ($3,803) - 6.20%
January $70,181 $82,814 $99,437 $99,437 $16,623 20.07%
February $47,635 $56,209 $62,836 $62,836 $6,627 11.79%
March $51,582 $60,866 $52,366 $52,366 ($8,500) - 13.96%
April $68,515 $80,848 $91,192 $91,192 $10,344 12.79%
May $54,686 $64,529 $76,289 $76,289 $11,760 18.22%
June $56,159 $66,267 $85,906 $85,906 $19,639 29.64%
July $89,902 $106,084 $0 $106,084 $0 0.00%
August $66,184 $103,097 $0 $103,097 $0 0.00%
September $61.223 $98.985 $Q $98.985 $ 0.00%
Total $738,354 $923,000 $674,197 $982,362 $59,362 6.43%
% Increase 25.01% 30.39%
budget for FY1996 -97 assumes an 18% increase over actual estimated FY1995 -96
collections plus $150,000 for August and September for Home Depot (1 -1/2 cent total).
07/15/97 SLTX97 -2.WK4
MaguirePartners
SOLANA
July 14, 1997
RECD v L.. 1 5 1997
SOLANA
TABLE OF CONTENTS
DEVELOPMENT REGULATIONS
• PROPOSED LAND USE CATEGORIES
• PERMITTED USES
• DEVELOPMENT STANDARDS (PARCEL A)
• DEVELOPMENT STANDARDS (PARCEL B)
• DEVELOPMENT PLAN OF SOLANA
NON - RESIDENTIAL P.U.D. ZONING REQUEST
This Non - residential P.U.D. Zoning Request (the "zoning request ") is made on the 27th
day of May 1997 by Maguire/Thomas Partners - Westlake /Southlake Partnership,
Maguire Partners Westlake Partnership and International Business Machines
Corporation. This zoning request seeks a Non - Residential P.U.D. zoning category for
Solana. Solana is a Mixed -Use Business Campus providing diverse land uses to
corporate tenants and their guests since 1988. Solana is only partially complete.
Expansion of Solana will occur to existing Solana buildings and on vacant Solana
land while maintaining the beautiful Solana Campus concept. This zoning request will
address land use categories, development regulation and other requirements which (i)
acknowledge the existing building improvements status and (ii) provide for future
developments, both within the existing buildings areas and on currently vacant land.
PROPOSED LAND USE CATEGORIES
The Non - Residential P.U.D. zoning request will divide Solana into two (2) separate
parcels and will allow the following land use categories for each:
PARCEL A (Location of Existing Improvements)
• CS - Community Service District (Sec. 8)
• 0-2 Office District (Sec. 19)
• C -3 General Commercial District (Sec. 22)
• B -1 - Business Service Park District (Sec. 24)
• HC - Hotel District (Sec. 28)
PARCEL B (Currently Vacant)
• CS - Community Service District (Sec.8)
• 0-2 - Office District (Sec. 19)
• C -3 - General Commercial District (Sec. 22)
• B -1 - Business Service Park District (Sec. 24)
• HC - Hotel District (Sec. 28)
DR -2
PERMITTED USES
The Non - Residential P.U.D. shall permit those uses defined under the zoning
categories identified in this document (as established in the City of Southlake's
Comprehensive Zoning Ordinance No. 480, as amended) 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 shall be subject to approval criteria
established in Zoning Ordinance 480, Section 44.4, as amended.
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.
CS - Community Service District
I. Permitted Uses - (Abbreviated from Zoning Ordinance)
A. ' - - - - - - - - - -- -- - - • - = -- e_-:- - - - = - - - -
se6
B. Higher education institutions
C. Museums, libraries, fine arts center, and similar cultural facilities
D. Golf courses, parks, playgrounds, community centers and country clubs (No
commercially operated miniature golf courses or driving ranges)
E. Institutions, rehabilitation and training centers.
F. Public safety facilities
G . - - •- - - - -- - - - = - - - -
H. Religious institutions
I. City Hall or other municipal office uses
DR -3
0-2 Office District
I. Permitted Uses - (Abbreviated from Zoning Ordinance)
A. Any use permitted in the 0-1 Office District
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 providing
services not including the retail sale, fabrication, manufacture or
production of goods or merchandise
25. Physicians
26. Podiatrists
27. Psychiatrists
28. Psychologists
DR -4
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
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
C. 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.
DR-5
C -3 General Commercial District
I. Permitted Uses - (Abbreviated from Zoning Ordinance)
1. Any use permitted in the C -1 Neighborhood Commercial District and in the
C -2 Local Retail Commercial District (see attached)
2. Auditoriums, theaters and cinemas
3. Cleaning, dyeing and pressing works; laundry and washaterias
4. Coin and stamp shops
6. Commercial art galleries
7. Conventional golf courses, including outdoor driving ranges accessory
thereto, but excluding outdoor miniature golf courses
8. Department stores
9. Dry goods and notion stores
10. -- -- - - - -- - -- -- .-e - --- -- - - -- . - - - - -
servisec
11. Hardware, paint and wallpaper stores
12. Hat shops
13. Health and physical fitness centers and gymnasiums
14. Hobby shops
15. Household and office furniture, furnishings and appliances
16. Lodges, sororities and /or fraternities
17. Medical care facilities
18. Mortuaries, funeral homes and undertakers (excluding cemeteries,
crematories and mausoleums)
19. Music or record shops
20. Nursery buildings
21. Pet shops
22. Piano stores, musical instruments and supplies
23. - - - - - - • =- - - -- -- -- - - - - - - •
24. Printing, lithographing or duplicating jobs
25. Retail stores, business or shops for custom work
26. ,
DR -6
** 27. 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)
28. Toy stores
29. Upholstery shops - furniture
30. Variety stores
** By SUP only
B. Accessory Uses
1. Permitted accessory uses shall be in accordance with the C -3 district.
In addition, the following accessory uses shall be permitted:
a. Outdoor dining and seating areas
b. Street furniture, urban design fixtures and streetscope
components
DR-7
C -1 Neighborhood Commercial District
I. Permitted Uses - (Abbreviated from Zoning Ordinance)
A. Commercial Uses
1. Offices of a business and /or professional nature providing services not
including fabrication, manufacture or production of goods
2. Bakeries, provided that the floor area of the bakery operation shall not
exceed 2,000 square feet
3. Barber and beauty shops
4. Cleaners, laundries and /or Laundromats, provided that the floor area of
the business does not exceed 2,500 square feet
5. Gacolino filling stations that oporato in conjunction with small
6. Grocery stores and /or meat markets provided that the floor area of the
business activity shall not exceed 3,000 square feet
7. Newsstands and /or bookstores provided that the floor area does not
exceed 2,500 square feet of space
8. Restaurants, tea rooms and /or take -out food establishments, provided
that the floor area of such operation does not exceed 2,000 square feet
9. Tailor, clothing or wearing apparel repair shops to include tailor
activities that create custom made clothing and accessories
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
DR-8
C -2 Local Retail Commercial District
I. Permitted Uses - (Abbreviated from Zoning Ordinance)
1. Any use permitted in the 0-1 Office District
2. Any use permitted in the C -1 Neighborhood Commercial District
3. Antique Shops
4. -Bakeries designed for retail sales rather than wholesale operation
5. Bicycle sales and bicycle repair shops
6. Blueprinting or photostatting
7. Book or stationery stores to include large newsstands
8. Business colleges or private schools for vocational training of office related
careers, such as stenographers, executive secretaries, etc.
9. Christmas tree sales beginning one week before Thanksgiving and
extending through December 31st of each calendar year (outdoor display
permitted)
10. Cigar or tobacco stores
11. Cleaning, dying and pressing works; laundry and Laundromats, providing
that the floor area does not exceed three thousand (3,000) square feet for
separate or combined uses
12. Confectionery stores
13. Custom dress making or millinery shops
14. Dancing schools
15. Day nurseries
16. Delicatessen shops without size limitations
17. Dog and cat hospitals or small animal hospitals
18. Drug stores
19. Dry goods and notion stores provided that the floor area of such facility not
exceed eight thousand (8,000) square feet
20. Duplicating service, printing, lithography, mimeographing multi - graphing
and offset printing, providing that the floor area does not exceed two
thousand (2,000) square feet
21. - - - - - - -- •
-- - - - - --- - - • - - • -- - -- z-•:---
,
store
22. Financial institutions
23. Florist or gift shops
24.
DR-9
25. Grocery stores and meat markets
26. Health service facilities
27. Jewelry stores
28. Leather and leather good shops, providing that the floor area does not
exceed two thousand (2,000) square feet for separate or combined uses.
29. Optical goods
30. Photographs, portrait or camera shops and photofinishing
31. Radio and television sales and servicing
32. Restaurants, tea rooms, cafeterias, fast food and "take out" food restaurant
33. Shoe repair services
34. Sporting goods, including gun sales and repair
35. Tailor, clothing and wearing apparel shops without size restruction
36. ' - -- - -- - - -- - -- = - - -- - - - -=- - - -- -- --
37. Variety stores, provided that the floor area of such facility does not exceed
ten thousand (10,000) square feet
DR -10
B -1 Business Service Park District
I. Permitted Uses - (Abbreviated from Zoning Ordinance)
A. Office and Commercial Uses
1. Any use permitted in 0-1 District
2. Administrative, executive or editorial offices for industrial organizations
3. ' --- - ..e -- - - - -- - - --e ---=--e • 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. ! - - - - _-e - - - - - - - - -- - - - - -- -
** 9. Electronic manufacture
10. Funeral homes
** 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
** 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)
** By SUP only
* ** Computer Manufacture by SUP only
DR -11
** 23. Small parts manufacturing and assembly
24. Studios for training in fine arts
** By SUP only
B. Community Facility Uses
1. City Hall, police and fire stations and other municipal uses (excluding
wastewater treatment facilities, landfills and transfer stations)
DR -12
"HC" Hotel District
I. Permitted Uses -
A. Hotels and motels
B. Parks and playgrounds which are publicly owned
C. Golf courses which are privately owned
D. City hall, police and fire stations and other municipal uses (excluding
wastewater treatment facilities, landfills, and transfer stations)
II. Accessory Uses -
A. Permitted accessory uses shall be in accordance with the HC district. In
addition, the following accessory uses shall be permitted:
1. Outdoor dining and seating areas
2. Street furniture, urban design fixtures and streetscape components
DR -13
DEVELOPMENT STANDARDS
It is intended that the Non - Residential P.U.D. shall adhere to the development
standards currently established in City of Southlake Zoning Ordinance No. 480, as
amended. Parcel A is the portion of Solana which contains existing building
improvements. Future expansion in Parcel A is contemplated including, but not limited
to, increasing the size of the Marriott Hotel, expansions of existing retail buildings,
construction of future retail buildings, construction of future office buildings and parking
additions. The building improvements previously constructed in Parcel A were
designed and built under zoning regulations which differ, in some ways, from the
current Zoning Ordinance 480.
Parcel B is currently undeveloped. It is intended that development within Parcel B be
accomplished within similar design parameters for buildings, landscaping, site
planning, etc.
I. The following exceptions from the City of Southlake Zoning Ordinance 480 are
within Parcel A:
A. Height
1. Building Height
a. No building housing HC Zoning shall exceed seven (7) stories.
b. No building housing B -1 zoning shall exceed three (3) stories nor
shall it exceed forty -five (45) feet in height.
2. Parking Structures - No parking structures shall exceed four (4) stories
nor shall it exceed forty -five (45) feet in height.
3. Architectural Features - Architectural features (not intended for human
occupancy) which are integral to the architectural style of the building
(including spires, belfries, towers, cupolas, domes, feature walls and
similar features) may not exceed the height limits of this section by
more than twenty (20) feet.
4. Mechanical Equipment/Penthouses, Ventilation Equipment, Antennas,
Cooling Towers, etc. - These ancillary uses shall not exceed the actual
height of the building by more than twenty (20) feet.
DR -14
B. Building Setbacks - HC Zoning - The Marriott Hotel is constructed directly
adjacent to the adjoining Village Center lot line on substantially three sides.
This allows the Hotel to be integrated directly into the balance of the Village
Center. The Marriott's porte- cochere projects a total of fifteen feet over the
adjacent Village Center lot. This fifteen foot projection occurs for a length of
approximately seventy feet.
1. Front Yard: Zero (0').
2. Side Yard: Zero (0').
3. Rear Yard: Zero (0').
4. Front Yard at Public Streets: Fifty (50') feet.
C. Floor Area - 0 -2, C -3 Zoning - Each store, shop or business shall have a
minimum of two hundred (200) square feet of rentable floor area.
D. Parking
1. Parking Spaces - The following parking spaces are currently provided
within Parcel A:
a. Westlake Campus
Garage - 1,875
Surface - 625
Computer - 100
Total 2,600
b. Village Center (Fully mixed -use)
Parking Garage (A &B) - 850
Surface Lots - Retail - 187
Trellis Area - 82
Surface Lots - Solana Club - 316
Total 1,435
2. Parking Space Sizes -
a. Minimum of 7.5' x 16' - Compact.
b. Standard size - 8.5' x 18'
c. No more than 35% of spaces will consist of compact spaces.
E. Buffer Yards
1. No buffer yard will be required with public street setbacks of 50 feet or
greater.
2. In cluster -type development, no buffer yards will be required so long as
equivalent open space and plantings normally provided by bufferyards
along common lot lines is provided elsewhere with the two lots.
DR -15
F. Landscaping
Due to Solana's unique landscape design, the landscape palette will be
consistent with the existing developed areas of Solana. Landscaping
design will be submitted and approved at the site plan phase of
development.
G. Off- Street Loading - With the following exceptions, off- street loading shall be
provided pursuant to Section 36 of the City of Southlake Zoning Ordinance
480:
1. The minimum dimension of loading spaces shall be as follows:
10' x 25' regular size space
10' x 50' large space
2. The calculation of the minimum number of off - street loading spaces
shall be in conformance with the following schedules and rules
regarding shared spaces:
a. Number of spaces:
Office Uses or portion of building devoted to office uses:
0 - 49,999 sf 0 spaces
50,000 - 149,999 sf 1 regular space
150,000 - 249,999 sf 2 regular spaces
250,000 sf and up 2 regular spaces and
1 large space
Retail and Restaurant Uses with the following building size:
0 - 9,999 sf 0 spaces
10,000 - 49,999 sf 1 regular space
50,000 - 99,999 sf 1 regular space and
1 large space
b. Loading spaces that are adjacent and accessible to several buildings,
including buildings on separate lots, shall be allowed to fulfill the
loading requirements for the individual buildings provided that i) the
number of spaces satisfies the requirements for the combined square
footages for the buildings in question, and ii) for loading spaces to be
shared among separate lots, an agreement evidencing the right of
Owners to the use of such spaces shall be provided.
DR -16
F. Release from Section 43, Overlay Zone
Solana (Parcel A) is a mixed -use campus development designed with
contemporary planning and design methods. Solana's designers utilized
large meadows and groves of existing trees as natural buffers. Large
setbacks were utilized in some areas while narrow, and in some cases, no
setbacks were used in other areas. The innovative design style of Solana
does not mirror the traditional design style of residential areas of Southlake,
Texas but the Solana design style does meet the purpose and intent of the
Corridor Overlay Zone Requirements of the City of Southlake Zoning
Ordinance No. 480, Section 43, as amended by Ordinance No. 480 -C, and
as further amended by Ordinance No. 480 -S, and which may be amended in
the future (the "Corridor Overlay Zone Requirements ").
The design style of Solana meets the intent of the Corridor Overlay Zone
requirements by providing buildings and plazas which encourage retail and
institutional uses and by providing destination activities such as employment
and retail centers. Solana reflects comprehensive planning and elements of
uniform urban design. Solana meets the purpose of the Corridor Overlay
Zone Requirements by providing consistent development of office, retail and
commercial areas along a major traffic corridor through the City of Southlake
and standards which enhance the visual image of the corridors while
maintaining traffic safety.
Parcel A shall not be subject to the Corridor Overlay Zone requirements as
defined in Section 43 of Ordinance 480, as amended. However, Solana, as
a participant in the development of the Corridor Overlay Zone criteria,
commits to upholding the purpose and intent of these requirements. Solana
will continue to be a comprehensively planned mixed -use business center
which complements the high quality residential areas of the City. Solana's
innovative style includes concepts of clustered buildings with generous
spaces surrounding them, distinctive and liberal landscaping, quality
construction methods and materials, sensitive screening, etc. By use of
these elements, Solana accomplishes the goals of the Corridor Overlay
Zone in its own distinctive style.
DR -17
DEVELOPMENT STANDARDS
Parcel B is currently undeveloped.
II. The following exceptions from the City of Southlake Zoning Ordinance 480 are
within Parcel B:
A. Height
1. Building Height - No building housing B -1 zoning shall exceed three (3)
stories nor shall it exceed forty -five (45) feet in height.
2. Parking Structures - No parking structure shall exceed four (4) stories
nor shall it exceed forty -five (45) feet in height.
3. Architectural Features - Architectural features (not intended for human
occupancy) which are integral to the architectural style of the building
(including spires, belfries, towers, cupolas, domes, feature walls and
similar features) may not exceed the height limits of this section by
more than twenty (20) feet.
4. Mechanical Equipment/Penthouses, Ventilation Equipment, Antennas,
Cooling Towers, etc. - These ancillary uses shall not exceed the actual
height of the building by more than twenty (20) feet.
B. Parking
1. Parking space sizes
a. Minimum of 7.5' x 16' - Compact
b. Standard size - 8.5' x 18'
c. No more than 25% of spaces will consist of compact spaces.
C. Buffer Yards
1. No buffer yard will be required with public street setbacks of 50 feet or
greater.
2. In cluster -type development, no buffer yards will be required between
like uses.
D. Landscaping
Due to Solana's unique landscape design, the landscape palette will be
consistent with the existing developed areas of Solana. Landscaping
design will be submitted and approved at the site plan phase of
development.
DR -18
E. Corridor Overlay District
Parcel B shall not be subject to the Corridor Overlay zone requirements as
defined in Section 43 of Ordinance No. 480, as amended. Solana will
continue to be a comprehensively planned, mixed -use business center
which complements the high quality residential areas of the City. Solana's
innovative style includes concepts of clustered buildings with generous
spaces surrounding them, distinctive and liberal landscaping, quality
construction methods and materials, sensitive screening, etc. By continued
use of these elements, Solana accomplishes the goals of the Corridor
Overlay Zone in its own distinctive style.
F. Off- Street Loading - With the following exceptions, off- street loading shall be
provided pursuant to Section 36 of the City of Southlake Zoning Ordinance
480:
1. The minimum dimension of loading spaces shall be as follows:
10' x 25' regular size space
10' x 50' large space
2. The calculation of the minimum number of off- street loading spaces
shall be in conformance with the following schedules and rules
regarding shared spaces:
a. Number of spaces:
Office Uses or portion of building devoted to office uses:
0 - 49,999 sf 0 spaces
50,000 - 149,999 sf 1 regular space
150,000 - 249,999 sf 2 regular spaces
250,000 sf and up 2 regular spaces and
1 large space
Retail and Restaurant Uses with the following building size:
0 - 9,999 sf 0 spaces
10,000 - 49,999 sf 1 regular space
50,000 - 99,999 sf 1 regular space and
1 large space
b. Loading spaces that are adjacent and accessible to several
buildings, including buildings on separate Tots, shall be allowed to
suffice for the loading requirements for the individual buildings
provided that i) the number of spaces satisfies the requirements for
the combined square footages for the buildings in question, and
ii) for loading spaces to be shared among separate lots, an
agreement evidencing the right of Owners to the use of such
spaces shall be provided.
DR -19
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