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1997-08-19CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING AUGUST 19, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem David Harris. Members: Pamela Muller, and Gary Fawks. COUNCILMEMBERS ABSENT: Scott Martin and Wayne Moffat. CITY 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; Shawn Poe, Engineer; Ron Harper, City Engineer; Dennis Killough, Planner; Karen Gandy, Zoning Administrator; Johnny Knight, Deputy Director of Public Safety; Paul Ward, Building Official; Klm Lenior, Director of Parks and Recreation; 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: Mayor Pro Tem W. Ralph Evans. The Regular City Council meeting was called to order at 6:00 p.m. by Mayor Rick Stacy. Agenda Item g2-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. Council adjourned into executive session at 6:10 p.m. Council returned to open session at 7:10 p.m. Aeenda Item #2-B. Action necessary/executive session REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 1 OF 21 No action was taken during the executive session. Agenda Item #3. Approval of the Minutes of the August 5. 1997 Meeting Motion was made to approve the minutes of the Regular City Council meeting held on August 5, 1997 as presented. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 5-0 vote Agenda Item #4-A. Mayor's Report During the Mayor's report, Mayor Rick Stacy commented on the following items of interest: The final 40th Birthday Celebration for the City of Southlake will be held on September 27, 1997. The event will also be the ground breaking of Town Center. More information to follow. The ground breaking for Bob Jones Park was held on August 15, 1997 at 9:00 a.m. on the Bob Jones Park site. Mayor Stacy has formed an Ad Hoc Committee of Southlake ministers to review the Ethics Ordinance No. 635. He commented that Mayor Pro Tem Ralph Evans will serve as liaison between the committee and the City Council. The kick-off luncheon will be held on August 20, 1997 at twelve noon in the Administration Building Conference Room. The 1997 Kaleidoscope of Homes will be open beginning Saturday, August 26, 1997 and last for five weeks, six days per week. The event is being held in the Cambridge Estates Addition in the City of Southlake. He noted it is an honor for Southlake to be hosting this tour of eight homes for the second time. The proceeds from this event will benefit the Muscular Dystrophy Association. MetroPort Partnership will meet on Thursday morning, August 21, beginning at 7:30 a.m. in the Trophy Club Town Hall, 100 Municipal Drive, Trophy Club. There will be a joint SPIN and City Council meeting on August 28, 1997 from 6:30 to 7:30 p.m. in the Council Chambers at City Hall. Mayor Stucy stated the budget work sessions are currently being held. The first public hearing will be held tonight and the second public hearing will be held on September 2, 1997. The third regular City Council meeting for August, will be another opportunity to REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 2 OF 21 discuss the FY 97-98 Budget. The budget is available for public examination in the Office of the City Secretary. The "kick-oW' meeting for the Laud Use Plau will be held on August 28, 1997 at 7:30 p.m. in the Council Chambers. The public is invited to attend. Agenda Item #4-B. City Manager's Report During the City Manager's Report, Councilmember Pamela Muller informed the Council and the audience that the Teen Court Program recently had their awards banquet, whereby Councilmember David Harris received an award for his participation in the program. He was note present for the ceremony, however, because he was at a budget work session. Curtis Hawk, City Manager, reported the signalization at F.M. 1709 and Byron Nelson Parkway is scheduled to have the light activated on August 28, 1997. Ron Harper, City Engineer, added, that the lights have to be blinking for seventy-two (72) hours before they are turned on for use to ensure that they work properly. Curtis Hawk stated that tonight the Council will act on the Tax Levy Ordinance for first reading, adding, that item could be considered in first reading on the consent agenda based on the same rate of $.422 per $100 valuation and recognizing the City Council would come back and lower the rate. Council cannot raise the rate after the first reading. Agenda Item #4-C. SPIN Re_nart Wayne Haney, of SPIN Neighborhood #15, made the SPIN Report tonight, stating he and wife, June Haney have been working as SPIN representatives since the beginning. He stated in his part of Southlake, the City is poised for development. He noted the Keller ISD is going to build a school on Union Church Road, which will make the area more desirable. Mr. Haney stated the Church of Christ is active in area #15 as they are developing out in stages, and the neighborhood is involved with that development. The citizens' concerns with this development have been resolved (including, lighting, parking, and drainage). Mr. Haney noted there has been activity in the North Davis Business Park as a cabinet shop is coming in. The noise and dust in this area is an issue. The SPIN concept is working in SPIN Neighborhood #15. Agenda Item #4-D. Park and Recreation Board Reoort Gary Beyer, Park Board member, made the presentation tonight and reviewed the minutes of the Park Board meeting held on August 4, 1997 with regard to the house on the Fetchel Farm, adding, he feels that putting the house on the Bob Jones property at this time would not be good as it is not developed enough and they fear the house will be vandalized. Mr. Beyer noted the REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 3 OF 21 estimates to move the house have been $25-30 thousand per move. The Park Board suggested the Historical Society look at alternative solutions to this problem. Mr. Beyer also referenced changes to the Bicentennial Park Phase II Plan to include an in-line hockey rink. Parking at Bob Jones Park was discussed, noting the Park Board wants the parking at the park to be paved as they feel it is the only way to maximize the appearance of the park. Mayor Stacy referenced the need for "sand" volleyball, stating their is a real need for a place to play. He challenged the Park Board to find a location and to play against the Council and staff. Mr. Beyer stated he accepts the challenge of Mayor Stacy for a game against the Council and staff. Agenda Item//5. Consent Agenda The consent agenda consisted of the following items: 5-A. Authorize the Mayor to enter into the FY 1998 contract for services and fee schedule with the Trinity River Authority (TRA) for Central Regional Wastewater System. 5-B. Authorize the Mayor to execute a contract for water ground storage tank No. 2 located 2,700' north of Kirkwood Boulevard on the east side of T.W. King Road. Authorize the City Manager to enter into a professional services agreement with Cheatham and Associates in connection with the design of Phase II of sewer system improvements consisting of an extension of the sewer line force main along Dove Street from Kirkwood Branch to the proposed lift station in the vicinity of North Kimball Avenue and Highland Street. 5-E (A) Authorization to award the bid on the public works center fuel facility. 5-E (B) Authorization to award the bid on the self-propelled asphalt paver (8-foot). Variance to the Subdivision Ordinance No. 483-E, Section 4.01(1)2, Plat Expiration extending the validity of Case No. ZA 95-99, Plat Showing, Lots 2 & 3, T. Beedy No. 72 Addition. 5-G. Interlocal Agreement with the City of North Richland Hills and the City of Colleyville for the Cottonbelt Hike & Bike Trail ISTEA Grant Project on Highway 26. 5-H. Authorize the Mayor to enter into a use agreement with St. Martin-In-The-Field Episcopal Church. 5-I. Permission to advertise for the Public Safety Education and Prevention House. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 4 OF 21 ZA 97-066, Preliminary Plat for Timarron Addition-Wyndsor Creek, Phase II, on property legally described as being approx'unately 15.925 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B, 6B1, 6B2, 6B3, 6E, and 6Fl. Current zoning is "R-P-U-D" Residential Planned Unit Development. Owner and Applicant: Westerra-Timarron, L.P. Ordinance No. 480-251, 1st reading (ZA 97-095), Rezoning on property legally described as approximately 0.93 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 5. Current zoning is "I-1" Light Industrial District, with a requested zoning as "O-1" Office District. Owner and Applicant: Ken Smith. ZA 97-096, Plat Revision for the Proposed Lots 1R1 and 1R2, W.W. Hall No. 695 Addition, being a revision of Lot 1, W.W. Hall No. 695 Addition. Current zoning is "S- P-2" Generalized Site Plan District with limited "O-1" Office District uses. Owner and Applicant: Greenway-Southlake Office Partners, L.P. 8-F. Ordinance No. 685, 1st reading, Tax Levy Ordinance. 10-A. Request for variance to the Sign Ordinance No. 506-B, Section 16-A(5), for First American Title located at 500 West Southlake Boulevard, Suite 130. 10-B. Request for variance to the Sign Ordinance No. 506-B, Section 16-A (4), for Crown Books located at 2120 East Southlake Boulevard, Suite A. 10-C. Request for variance to the Sign Ordinance No. 506-B, for the Kaleidoscope of Homes event. Motion was made to approve the consent agenda consisting of items #5-A, #5-B, #5-D, #5-E(A), #5-E(B), #5-F, #5~G, #5-H, #5-1, #8-A, waiving comment 5b found on plat review summary #4, dated 8-15-97; approving #8-B, #8-C, incorporating the staff review letter 8-1-97; #8-F, gl0-A, #10-B, and gl0-C, as presented, tabling items g7-G and #7-H, and continuing the public hearings on September 2, 1997 for these two items. Motion: Harris Second: Evans Mayor Rick Stacy read the captions of Ordinance No. 480-251 (#8-B) and Ordinance No. 685 (#8-F). Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 5-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 5 OF 21 Contract for technical services with Trinity River Authority (TRA) is an annual contract for TRA to provide inspection, sampling and analytical services for any industrial discharges into the City's sanitary sewer system. Once sewer was extended into the North David Business Park and the S-7 Sewer into the industrial area east of Brumlow there were requests for industrial discharges. The City is required to test samples of industrial discharges to ensure that harmful substances are not being sent into the sewer system. If anything harmful is found, TRA will know to provide industrial treatment. The contract is for the City's fiscal year of October 1, 1997 to September 30, 1998 and includes a not- to-exceed amount of $3,500.00. Contract for water ground storage tank No. 2 located 2,700 feet north of Kirkwood Boulevard on the east side of T.W. King Road. Tank Builders, Inc. submitted the low base bid of $871,960.00 and low alternative bid of $1,021,000.00. The alternate bid includes the cost of incorporating the ornamental facade on the tank. This will make it identical to booster station No. 1, located on Southlake Boulevard near Pearson Lane. The project will be funded through capital improvement bonds. $600,000.00 has been approved in the FY 96-97 budget with the additional funding to be proposed for FY 97-98. Professional Services Agreement with Cheatham and Associates in connection with the design of Phase II sewer system improvements consisting of an extension of sewer line force main along Dove Street from Kirkwood Branch to the proposed lift station in the vicinity of North Kimball Avenue and Highland Avenue. The scope of services include the preliminary design, final design, assistance during the construction phase, and the identification of required easements. Proposed fees include $99,750.00 for engineering and $42,000.00 for surveying. 5-E(A) Award of bid for Public Works Center fuel facility is recommended to be given to A- Tech Environmental Systems with a bid of $144,723., approximately $30,000. below the estimated cost. The proposed fuel facility will consist of an above ground fuel tank wit h three compartments that have a total capacity of 12,000 gallons. The compartments will hold diesel and two grades of unleaded fuel. The pumps, piping, concrete surface with spill containment and a lighted canopy are included within the proposed project. 5-E(B) Award of bid for self-propelled asphalt paver (eight-foo0 was recommended to be awarded to Conley Lott Nichols Machinery Company in the amount of $36,235. This item was approved for purchase in the FY 96-97 budget in the amount of $35,000. The additional amount for the paver is available in the street division's budget. On November 7, 1995, the City Council approved Case ZA 95-99, Plat Showing, Lots 2 & 3, T. Beedy No. 72 Addition. This plat has not yet been filed in the County Plat Records and expired on November 7, 1996. The applicant and owner of the property, Carlo and Regina R. Capili have requested that the validity of this plat be extended one month from the date of approval of this variance to allow adequate time for this plat to be REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 6 OF 21 filed. Because this plat has expired, a variance to Section 4.01(1)2 of the Subdivision Ordinance No. 483-E will be required if the extension is to be granted. Interlocal Agreement with the City of North Richland Hills and the City of Colleyville for the Cottonbelt Hike & Bike Trail ISTEA Grant project on Highway 26. This tr ail will be known as the Cottonbelt Hike and Bike Trail extending from downtown Grapevine to North Richland Hills. Southlake's portion of this project is to begin at Brumlow and continue with a bridge across Big Bear Creek to Colleyville. The three cities awarded grants this round were Southlake, Colleyville and North Richland Hills. Between the three cities, Southlake's portion is 1% of the total trail distance. Even though our portion is small, costs are saved in man-hours, engineering and construction. Agreement between the City of Southlake and St. Mart'm-In-the-Field Episcopal Church regarding the recommendation of the Park and Recreation Board for the City and the Church to enter into an agreement to utilize church property on Pearson Road as a soccer practice field. Jeff Underwood bas taken this on as an Eagle Scout project and is working with the Parks Department, the church and the soccer association to build the field. The current budget includes funds for a public safety education and prevention house. This house demonstrates life safety procedures with to children and adults. The house will also enhance the Departmem of Public Safety's educational programs. Permission to advertise for the education and prevention house was granted by the City Council. Preliminary Plat for Timarron Addition-Wyndsor Creek, Phase II, ZA 97-066, on property legally described as being approx'unately 15.925 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B,, 6B1, 6B2, 6B3, 6E, and 6Fl. Owners/Applicants: Westerra-Timarron, L. P. Ordinance No. 480-251, 1st reading (ZA 97-095), Rezoning of a portion of Tract 5, Thomas Easter Survey, Abstract No. 474. Current zoning is "I-l" Light Industrial Zoning District, with a requested zoning of "O-1" Office District. Owner/Applicant: Ken Smith. ZA 97-096, Plat Revision for Lots 1R1, and 1R2, W.W. Hall No. 695 Addition, being a revision of Lot 1, W.W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3581, Plat Records, Tarrant County, Texas. Owners/Applicants: Greenway-Southlake Office Partners, L. P. Ordinance No. 685, 1st reading, Tax Levy Ordinance. The FY 1997-98 budget as submitted to the City Council proposes a tax rate of $.422 per $100 of a property's taxable value. Part of the tax rate, $. 17461 per $100 pays for the retirement of debt that is due in the 1997-98 budget year. The remainder of the tax rate, $.24739 per $100 is used to support General Fund operations of the City, such as police, fire, and inspections. State REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 7 OF 21 law required the City to adopt the tax rate in these two components. 10-A. Mark Sudduth of Baker Sign Company has applied for a variance to Sign Ordinance No. 506-B, on behalf of First American Title located at 500 W. Southlake Boulevard, Suite 300 in the Southlake Oaks Shopping Center. The original drawing submitted by the applicant did not accurately reflect the position of the sign on the building. The ordinance requires that signs on storefronts be located with the center 75% of the lease space. Inspection of the sign revealed that the end of it is flush with the edge of the lease space. The applicant stated that due to the architecture of the building the entire frontage of the store front is not available for signage and the length of the tenants name requires a 29'6" span. Staff recommended that the variance be granted. 10-B. Tommy Reynolds, of Reynolds Indoor, Inc., has applied for a variance to the Sign Ordinance No. 506-B, on behalf of Crown Books, located at 2120 East Southlake Boulevard, in the Village Center Shopping Center. The applicant requests an additional sign on the north (rear) face of the building consisting of the name "Crown Books" with their logo. Section 16.-A of the sign ordinance limits attached signs to one per store frontage, with this site only having frontage on one side. The rear of the building faces S.H. 114 with a lot in between it and the highway. The state is scheduled to purchase this lot for the proposed widening of S.H. 114. Once this occurs the building will have the frontage required for additional signage. The applicant stated that the rear elevation of this location faces Highway 114. Exposure for Crown Books to Highway 114 is very important to the immediate success of this new retail store. Staff recommends approval of this variance. 10-C. Bryan Andrews, 1997 Co-Chair for the Kaleidoscope of Homes, has applied for a variance to Sign Ordinance No. 506-B, as he has requested placing 10 to 15 signs to direct traffic to the event. Mr. Andrews would like to place signs on S.H. 1709, S.H. 114, Kimball Avenue and Crooked Lane. The proposed signage will be placed within the right-of-way and on private property along these roadways. The applicant stated the purpose of the signs are strictly for directional signs. There are expected to be from thirty five to forty thousand people coming to the Kaleidoscope of Homes during its show dates of August 21 through September 23, 1997. The request is that the signs stay up during the show dates. Staff recommends this request be approved. Agenda Item #5-C, Commercial Develo~r Agreement with Mesco Addition. Lots 5.6. & 7. Block 1. The Commercial Developer Agreement with Mesco Addition, was pulled off consent agenda at the request of a citizen of Southlake, Mr. Kenneth Horne. Mr. Bob Whitehead, Director of Public Works, stated the proposed developer agreement between 1996 SPC/Kimball, Ltd. and the City of Southlake is for the development of the property at the northwest corner of SH 114 and North Kimball Avenue. There are several items that need to be discussed according to REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 8 OF 21 Whitehead. On-Site Water: The Developer agrees to install a 12" water line along their property frontage. They intend to install the line as they develop individual lots. A standard provision of Developer Agreements is that all work needs to be completed within two years. If the Developer does not complete the water line within this time frame, they are obligated to provide the funds to have the City complete the work. Indemnification: The Developer has requested that the Indemnification Clause be modified to eliminate the indemnification of city employee negligence. Park Fees: This project was platted prior to the adoption of the new Park Fees; therefore, we have calculated the fees based on the $500/acre. PUBLIC COMMENTS: Kenneth Horne, 1215 Ashmore Court, Southlake. Mr. Horne has concerns that the service station does not have to comply with the requirements in the new Ordinance No. 480-Z. Mayor Rick Stacy replied this application was received before the approval of Ordinance No. 480-Z and prior to the service station moratorium. Motion was made to approve consent agenda item #5-C, with changes reflected in the discussion at the work session tonight. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 5-0 vote Aeenda Item #6. Public Forum Richard Lawrence, 520 Southview Trail, Southlake. Mr. Lawrence referenced the packet of information he had previously sent to the City Council with regard to the abatement of high weed s in the City. He noted there are a lot of properties that are not being maintained. He referenced the Keep Southlake Beautiful program and stated he feels the city needs to be consistent. Aeenda Item/fT-A. Ordinance No. 480-247. 2nd readine Ordinance No. 480-247, 2nd reading (ZA 97-074), Rezoning on property described as approximately 485 acres known as Solana. Curtis Hawk, City Manager, stated staff would request that this item be tabled one more time, out REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 9 OF 21 of courtesy to the judge. Councilmember Harris stated this Council, out of courtesy to the court, has tabled this item on two other occasions, and feels like we have an obligation to one of the Southlake citizens, Solana, and the people that own Solana, and moved to table this 2nd reading of Ordinance No. 480-247, to the September 2, 1997 meet'mg as an additional courtesy to the court with the understanding that Council will vote on this item on September 2, 1997. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 5-0 vote Agenda Item g7-B. Ordinance No. 480-249. 2nd readino Ordinance No. 480-249, 2nd reading (ZA 97-083), Rezoning and Concept Plan for T.W. King Water Storage Tank and Telecommunications Tower on property legally described as 4.5 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 21. Current zoning is "AG" Agricultural District with the requested zoning of "CS" Community Service District. Owner and Applicant: City of Southlake. SPIN Neighborhood #1. Karen Gandy, Zoning Administrator, commented that ten (I0) notices were sent to property owners within the 200' notification area and one (1) written response has been received from William Lamoreaux, 6967 Blackwood Drive, Dallas, opposed. PUBLIC HEARING: Linda Dollar, 525 Brooks Court, Southlake. Ms. Dollar did not wish to speak but wanted the record to reflect her opposition to this zoning item. Boyd Dollar, 525 Brooks Court, Southlake. Mr. Dollar stated he is opposed to the elevated storage tank and tower. He stated there are currently five tanks and three towers on the north side of Southlake. He stated, "we don't need this.' He expressed concerns about the lack of concern the City Council has for the north side of SH 114. The tower is unsightly and devalues property. Curtis Hawk, City Manager, commented about the tax dollars spent on the north side of SH 114 and on the south side of SH 114 and stated the dollars are very close. Councilmember Harris stated this is a decision made by engineering more than anything else. Councilmember Pamela Muller stated she lives on the south side of SH 114 and REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 10 OF 21 there is a water tower going in close to her and also the public works maintenance facility ended up in her corner of the town. Everybody has the same sensitivity toward this sort of thing, but one of the main reasons things end up on the north side of town is because the infrastructure started there and they are working their way north. Public Hearing closed. Motion was made to approve Ordinance No. 480-249, incorporation the Summary Review Letter #2 dated August 1, 1997; deleting items #1 (a-f) and item #3 and allowing the heights as shown. Motion: Harris Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 5-0 vote Agenda Item gT-C. Ordinance No. 480-Z. 2nd reading Ordinance No. 480-Z, 2nd reading, establishing regulations for gasoline service stations (with or without convenience stores, car washes and other related ancillary uses). PUBLIC HEARING: No comments were received during the public hearing. Councilmember Gary Fawks suggested regarding page 7-C (4) to eliminate "in order to maintain the residential nature.' Motion was made to approve Ordinance No. 480-Z, 2nd reading. Motion: Fawks Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Evans, Harris, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-D, Ordinance No. 480-250. 2nd reading (ZA 97-090L Ordinance No. 480-250, 2nd reading (ZA 97-090). Rezoning of approximately 3.32 acres situated in the Francis Throop Survey, Abstract No. 1511, and being Tract 4A. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single Family Residemial District. Applicant: Area Surveying, Inc. Owner: Mrs. Elizabeth Higgins. SPIN Neighborhood #5. Karen Gandy, Zoning Administrator, commented that twelve (12) notices were sent to property REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 11 OF 21 owners within the 200' notification area and three (3) written responses have been received from: W.P. Hogue, 1507 East Dove Road, Southlake, in favor; J.D. David, 1363 East Dove Road, Southlake, in favor; Dorothy Rockenbaugh, 1901 North Carroll Avenue, Southlake, also in favor. Clarence Hart, Area Surveying, was present, representing Mrs. Higgins. PUBLIC HEARING: No comments were received. Motion was made to approve Ordinance No. 480-250, 2nd reading. Motion: Harris Second: Muller Mayor Rick Stacy read the caption of the ordinance Ayes: Harris, Muller, Evans, Fawks, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-E. Ordinance No. 681. Street Name Cham,e Ordinance No. 681, 2nd reading, A street name change for a portion of Stonebury Drive from Lot 1 to Lot 8, and extending through Lot 9 of Block 2 in Stonebury Addition, to Indian Paintbrush Way. Bob Whitehead, Director of Public Works, stated, Toll Brothers, Inc. has submitted a revised plat which proposed connection of Indian Paintbrush Way and Stonebury Drive in Southlake Woods and Stonebury Addition respectively. Since this makes a single street from the two it will be necessary to rename a portion of Stonebury Drive to Indian Paintbrush Way. Staff recommends this ordinance be approved on second reading. PUBLIC HEARING: No comments were made during this public hearing. Motion was made to approve Ordinance No. 681, 2nd reading. Motion: Fawks Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Harris, Evans, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-F. 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 to the plat recorded in Cabinet A, Slide 3231, Plat Records, Tarrant County, Texas, and being REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 12 OF 21 approximately 1.8685 acres situated in the Littleberry G. Hall Survey, Abstract No. 686. Current zoning is "C-2" Local Retail Commercial District, Owners/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 one (1) written response were received from Mary Dominguez, 209 Lake Crest Drive, Southlake, opposed. Ms. Gandy noted, that on July 15, 1997, the City Council tabled this item umil August 19, 1997, continuing the public hearing; forgiving the placemem of the third "hat" on the phase I building and accepting the applicant's offer of $5,000 toward the placement of the traffic signal at Shady Oaks Drive. The applicant is to also look at eliminating the easternmost drive; increasing the width of the drive on the west to three lanes; increasing the size of the building in Phase II; and eliminating the proposed fast food building. Dale Kookerbaum, 1709-Southlake Oaks, was present to answer questions of Council. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve ZA 97-058, Site Plan of Southlake Oaks, subject to the Site Plan Review Summary No. 4, dated August 15, 1997; deleting item #3. Motion: Harris Second: Muller Ayes: Harris, Muller, Fawks, Evans, Stacy Nays: None Approved: 5-0 vote A_eenda Item #7-I. ZA 97-092. Site Plan for Foxborough Office Park ZA 97-092, Site Plan for Foxborough Office Park, on property legally described as being Lot 1, Block 1, on the approved Final plat of Foxborough and being a portion of Tract 3E situated in the W.W. Hall Survey, Abstract No. 695. Current zoning is "C-1" Neighborhood Commercial District. Owner and Applicant: Foxborough Office Building Parmership. SPIN Neighborhood #10. Karen Gandy, Zon'mg Administrator, commented that nine (9) notices were sent to property owners within the 200' notification area and no written responses have been received. Kosse Maykns, applicant, 2604 North Carroll Avenue, Southlake. Mr. Maykus stated he is in receipt of the staff review commems. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve ZA 97-092, subject to the Site Plan Review Summary No. 2, dated REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 13 OF 21 August 15, 1997; correcting comment #2 to reflect that it refers to the west side bufferyard; deleting the requiremem that the bufferyard be provided in the common access easement; providing that the applicant will relocate the plantings that are no longer required in that area, th e landscape parts of the property; deleting items #3-A and #3-B; accepting number 6 as submitted. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 5-0 vote Agenda Item # 8-D.Ordinance No. 480-252. 1st reading (ZA 97-097} Ordinance No. 480-252, 1st reading (ZA 97-097), Rezoning and Concept Plan for Wilmington Court, on property legally described as approximately 11.383 acres situated in the Hiram Granberry Survey, Abstract No. 581, and being Tracts lA, lB, and lC. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-20A' Single Family Residential District. Applicant: Four Peaks Development, Inc. Owners: Alvin R. Jackson (Tract lA), Lannie Joe Roach (Tract lB), and Trustees, E-Systems, Inc., Pool Tract (Tract lC). SPIN Neighborhood #14. Karen Gandy, Zoning Administrator, commented that twenty-four (24) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from: Paul and Melanie Bursted, 506 Vicksbury Way, Southlake, in favor; and Ralph Williams, 1177 Adams Lane, Southlake, in favor. One (1) response was received outside the 200' notification area: SPIN #14, Doug McKelvey, 113 Yale, Southlake, in favor. Ms. Gandy noted the Planning and Zoning Commission approved this request of August 7, 1997 (5-0-1 vote), subject to the Concept Plan Review Summary No. 1, dated August 1, 1997, delet'mg items glla (curvilinear street requirements), and gl lb (change street name west of Cornell) and expressing support to the Zoning Board of Adjustments for approval of the variations of building setbacks as proposed in order to get homes away from Continental Boulevard and the existing residential properties to the north and to avoid the "tunnel effect" of homes setback 35' from the right-of-way. David McMahan was present representing Four Peaks Development. Mr. McMahan stated he had no concerns with the items in the letter, except for the 94' right-of-way dedication along White Chapel Boulevard. McMahan stated all other properties have an eighty-four (84) foot right-of- way. He stated he has concern with the two lots on White Chapel Boulevard. If it were 94' all the way down the street, he would not mind. He asked this requirement be waived. Ron Harper, City Engineer, commented there is more of an issue of the trail development. The cross section allows for the trail. He noted the current Thoroughfare Plan was approved after completion of Princeton Park Addition. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 14 OF 21 David McMahan stated with regard to naming of the street "Wilmington Court," He only wants one name on the entire street. It is his intention to go before the Zoning Board of Adjustment on this issue. He stated he met with the SPIN groups, and in the final analysis, it is too expensive to put up 1,600 linear feet of masonry fence. He stated he only has nineteen (19) lots to spread the fence. He noted most of Timarron has a wooden fence with brick columns. PUBLIC COMMENTS: Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated she is very pleased with the proposal for residential development on that corner. The fence is her concern. She stated she feels an old wooden fence is ugly! And an old brick fence is beautiful! John Levitt, engineer, stated the cost is too much to put up a masonry fence. Mr. McMahan stated the fence will be maintained by the homeowners association. Motion was made to approve Ordinance No. 480-452, 1st reading (ZA 97-097), subject to the summary review comments dated August 16, 1997; comment #4, allowing an 84' right-of-way dedication on the two lots on South White Chapel Boulevard; further deleting item #9 from the letter; adding the two staff comments that were requested regarding the right-of-way dedication on West Continental Boulevard and the minor cleanup on the site data chart. Motion: Fawks Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Evans, Muller, Harris, Stacy Nays: None Approved: 5-0 vote Aeenda Item gS-E. ZA 97-098. Preliminary Plat for Wilmineton Court Addition ZA 97-098, Preliminary Plat for Wilmington Court, being described as approximately 11.383 acres situated in the Hiram Granberry Survey, Abstract No. 581, and being Tracts lA, lB, lC. Current zoning is "AG" Agricultural District. Applicant: Four Peaks Development, Inc. Owners: Alvin R. Jackson (tract lA), Lannie Joe Roach (Tract lB), and Trustees, E-Systems, Inc., Pool Tract (Tract lC). SPIN Neighborhood #14. Karen Gandy, Zoning Administrator, commemed that twenty-four (24) notices were sent to property owners within the 200' notification area, and three (3) responses have been received within the 200' notification area: Paul and Melanie Bnrsted, 506 Vicksburg Way, Southlake, in favor; Ashok Agnihotri, 113 Yale, Southlake, in favor; Ralph Williams, 8615 Freeport Parkway, Suite 200, Irving, in favor. David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he is present representing Four Peaks Development, noting, they are asking for the same waiver as in Ordinance No. 480- REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 15 OF 21 252, with issues including: item #5 (right-of-way); item #8 and #lib(naming the street). Motion was made to approve ZA 97-098, Preliminary Plat for Wilmington Court, subject to the Plat Review Summary No. 1 dated August 15, 1997; item #4 allowing for an 84' right-of-way dedication on the two lots adjoining White Chapel Boulevard; deleting item #8 in its entirety; deleting item #1lb in its entirety; and, incorporating the corrections to the data chart and allowing for minor clean-up. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Harris, Muller, Stacy Nays: None Approved: 5-0 vote Council adjourned for recess at 8:50 p.m. Council returned to open session at 9:10 p.m. Aeenda Item gT-J. ZA 97-099. Development Plan for Southlake Town Square ZA 97-099, Development Plan for Southlake Town Square on property legally described as being approximately 41.045 acres situated in the Richards Eads Survey, Abstract No. 481, and being all of Tract 3B, a portion of Tract 3, and a portion of Tract 2A. Cur rent zoning is "NR-P-U-D" Non-Residential Planned Unit Development District to include "C-3" General Commercial District uses. Applicant: Cooper & Stebbins, L. P. Owners: The Fechtel Group with general partners; Alicia Marie Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, James Milton Fechtel, Lorrie W. Beck, Leslie W. Klingman, and Carol G. Peterka. SPIN Neighborhood #4. Karen Gandy, Zoning Administrator, commented that eleven (11) notices were sent to property owners within the 200' notification area and no written responses have been received. Brian Stebbins and Frank Bliss were present as the applicants and noted they are in agreement with the Development Plan Review Summary No. 2 dated August 15, 1997. They introduced Jeff Williams, Graham Engineering, Arlington. PUBLIC HEARING: Juergen Strunk, 200 North Carroll Avenue, Southlake. Mr. Stmnk stated he has spoken before Council on this topic for the Concept Plan. He commented relating to his attitude toward this development. When he first came to Southlake there was a downtown Southlake and it is where he is standing now, only a much smaller unit. He did not move here with the idea of having a larger downtown right in front of his driveway. He is one of the few property owners who were not ill informed about what would happen to the Fechtel Farm with zoning of "C-3". He asked the developers if they are certain that they want to make a "make-believe" town center. This will REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 16 OF 21 be a 1990's town center, not an older town center. Mr. Strunk stated he has no real problems with the development, as he feels ample thought has been put into the development. He commended Mr. Stebbins and the Fechtel family for doing this. He stated he still does not know what happens to his street frontage. His preference is privacy rather than convenience. If the town center really works he will walk to the center, not drive. He commented on the buffer zone and trees on this location. He referenced two large oak trees that are near the corner of his property. The trees are 18" and 16" in size and he feels they would be a nice traffic island. Public hearing closed. Motion was made to approve ZA 97-099, Development Plan for Southlake Town Center, subject to the Development Plan Review Summary No. 2, dated August 15, 1997; amending the summary to reflect the comments made by Karen Gandy and Dennis Killough this evening; deleting the items that were deleted by the Planning and Zoning Commission when they approved the development plan; granting the additional relief as requested by the applicant this evening; and further on comment #4b deleting the western most driveway. Motion: Harris Second: Fawks Ayes: Harris, Fawks, Muller, Evans, Stacy Nays: None Approved: 5-0 vote A~enda Item #7-K. ZA 97-100. Site Plan for Southlake Town Sauare ZA 97-100, Site Plan for Southlake Town Square, on property legally described as being approximately 41.045 acres situated in the Richard Eads Survey, Abstract No. 481, and being all of Tract 3B, a portion of Tract 3, and a portion of Tract 2A. Current zoning "N R-P-U-D" Non- Residential Planned Unit Development District to include "C-3" General Commercial District uses. Applicant: Cooper & Stebbins, L.P. The owners of the property are as follows: The Fechtel Group with general partners: Alicia Marie Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, James Milton Fechtel, Lorrie W. Beck, Leslie W. Klingman, and Carol G. Peterka. SPIN Neighborhood #4. Karen Gandy, Zoning Administrator, commented that the same eleven (11) notices were sent to property owners within the 200' notification area and two (2) responses have been received from: N.M. Smock, 462 Merritt Avenue, Oakland, California, in favor, Smock stated, "It will bring business opportunities and services to the City of Southlake and make it more self supportive." W.E. Dalton, 6238 Prestonshine, Dallas, opposed, citing "location of the traffic light" as his concern. Frank Bliss, 1362 Lakeview, Southlake. Mr. Bliss stated they are in agreement with the Site Plan REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 17 OF 21 Review Summary, stating they are not seeking variances at this time, but at the building permit stage. PUBLIC HEARING: Juergen Stmnk, 200 North Carroll Avenue. Mr. Strunk stated he had comments with regard to the use of asphalt roads and parking lots, adding, he knows what happens in the Texas summer sun and asked why anyone would build the parking lots and roads with asphalt. He is hopeful this will be a quality development. Mr. Strunk asked with regards to landscape and tree coverage, that Council be opened minded to the number of trees and shrubs on the project. Public hearing closed. Motion was made to approve the Site Plan for Southlake Town Square, subject to the Site Plan Review Summary No. 2 dated August 15, 1997; deleting the items as deleted by P & Z at that level; further instructing both applicant and staff to work together in the realignment of Carroll Avenue to preserve the two trees referred to by Mr. Strunck (over 10" in diameter) approximately lined up on the Strunck/Mendez line to the west; instructing staff to assist the applicant with regard to comment #1; item #5, deferring the screening until build-out; providing the inner landscaping and parking areas as agreed to this evening. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-L, ZA 97-101, Preliminary Plat for Southlake Town Sauare ZA 97-101, Preliminary Plat for Southlake Town Square, on property legally described as being approximately 128.864 acres situated in the Richard Eads Survey, Abstract No. 481, and being Tracts 2A, 3, 3A, and 3B. Current zoning is "C-3" General Commercial District and "NR-P-U- D" Non-Residential Planned Unit Development District to include "C-3" General Commercial District uses. Applicant: Cooper & Stebbins, L. P. Owners: The Fechtel Group with general partners; Alicia Marie Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, James Milton Fechtel, Lorrie W. Beck, Leslie W. Klingman, and Carol G. Peterka. SPIN Neighborhood #4. Frank Bliss, 1362 Lakeview, Southlake, was present stating he agrees with the comments with the exception of comment in item #2c, therequests the City's assistance as to the abandonment along Carroll Avenue right-of-way. Motion was made to approve ZA 97-101, Preliminary Plat for Southlake Town Square, subject REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 18 OF 21 to the Review Summary #2. Motion: Muller Second: Harris Ayes: Muller, Harris, Evans, Stacy Nays: None Approved: 4-0 vote Councilmember Fawks left the room and did not vote. Agenda Item #8-G. Ordinance No. 686. 1st reading. FY 9%98 Annual Budget Curtis Hawk, City Manager, introduced the first reading of Ordinance No. 686, Fiscal Year 1997- 98 Annual Budget stating the budget was filed with the City Secretary on August 1, 1997 as required by the City Charter. The budget for this next year will require the same level of property tax rate to support the proposed budget. The key things in the budget are the expenditures for the capital improvements that the staff has worked with through the year to develop with the City Council. The highlights in the budget did include an addition of ten (10) personnel to meet the growing needs of the City, however, following the budget work sessions staff will be bringing back prior to second reading, details presented at the next work session of August 26, 1997. There are proposed changes that have been made that will reduce the number of personnel staff was asking for in this current year. He noted he is in the process of making changes to the equivalent purchases that have been discussed. PUBIC HEARING: no comments were received during the public hearing. Motion was made to pass the first reading of Ordinance No. 686. Motion: Harris Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 5-0 vote Mayor Stacy stated he appreciated the comments of the City Manager in looking at the budget closely. Mayor Stacy stated he feels the Council is interested in lowering the tax rate, but he feels that is not as important as proper spending. Agenda Item #11-A. Discussion: Charter Amendment Election Curtis Hawk stated the first draft of the proposed Charter Amendment as prepared by the City Council are in the packets, based upon the things that have previously been discussed. Hawk said, "If we are to go forth with the Election on November 4, 1997, and because of the time frame, Council will have to act on this ordinance at the September 2, 1997 Council meeting." Council will have a work session during the third City Council meeting of August to be held on August REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 19 OF 21 26, 1997. Agenda Item #11-B. Discussion: Neighborhood Sewer Program Curtis Hawk stated it is important to get direction from the City Council on the neighborhood sewer program. The item was on the agenda to draw attention to the issue. Councilmember Gary Fawks asked to have this item on the agenda for the Joint SPIN and City Council meeting to be held on August 28, 1997. Curtis Hawk stated he has plans to bring a proposal to Council on the second meeting in September. Agenda Item #11-C. Discussion: Utility Placement Ordinance. This item was not discussed during this meeting. Agenda Item #2-A. Executive Session Continued Mayor Stacy advised the audience that Council would be returning 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 devices. Council adjourned for executive session at 10:20 p.m. Council returned to open session at 10:45 p.m. Agenda Item g2-B. Continued No action was taken as the result of the executive session. Agenda Item#12. Ad_iournment. The City Council meeting was adjourned by Mayor Rick Stacy at 10:45 p.m. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 20 OF 21 ~Stac~ y~~ Sandra L. LeGrand : - S\MINUTES\CC-8-19-~ REGULAR CITY COUNCIL MEETING MINUTES AUGUST 19, 1997 PAGE 21 OF 21 vala VON Maguire Partners SOLANA July 28, 1997 .00 7 A - ( SOLANA TABLE OF CONTENTS DEVELOPMENT REGULATIONS • PROPOSED LAND USE CATEGORIES • PERMITTED USES • DEVELOPMENT STANDARDS (PARCEL A) • DEVELOPMENT STANDARDS (PARCEL B) • DEVELOPMENT PLAN OF SOLANA P,77 2 S 1997 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_-•_ - • - = -- -- - - - - 2-.2- - - - cccondary echoolc 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 . - - - - - - - --- -- - - - - -- - -= - .-2 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 - --- -- - - - - - - - - servicee 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 ctations 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 3 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. - - - - - _r.- - - - - - - , - - = - - • - - • -- - -- - = 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 -- - - 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 and these counts anticipated the requirements of the 100 -room (and associated meeting rooms) expansion of the Solana Marriott: 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. 3. Future Expansions within Parcel A - Subsequent development within Parcel A shall maintain the current parking ratio established by a traffic analysis of the mixed -use development parking usage (exclusive of the Hotel expansion addressed in D.I. above). DR -15 E. Buffer Yards 1. No buffer yard will be required where the setback along a public street is 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. 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 DR -16 shared among separate lots, an agreement evidencing the right of Owners to the use of such spaces shall be provided. F. Release from Section 43, Corridor 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 where the setback along a public street is 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. Release from Section 43, Corridor Overlay Zone 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 lots, 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 Tots, an agreement evidencing the right of Owners to the use of such spaces shall be provided. DR -19 II c H ,0 ` m o " o w o a ° 3 s k' "' ° c 4 III / J€ R a c 5 i : ; N rvS i s `2q ° � rc u _ a A 1 � Ai Y Mga Sxm uat ° ° rc a , % 11 % N c „, 4 % z w i a i $ " � I Z ', � is a 1 6. x , 1 ; 1 ! i I : ! N .2.g € II, i ) i 6 1 : I ;I ! ! 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