1994-06-21 CITY OF SOUTHLAKE. TEXAS
667 NORTH CARROLL AVENIfE
REGULAR CITY COUNCIL MEETING
JUNE 21. 1994
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem, Jerry Farrier;
Deputy Mayor Pro Tem, Jon Michael Franks. Members: W. Ralph Evans, Stephen Apple,
Andy Wambsganss, and Michael Richarme.
STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Rice, Assistant City Manager; Greg
Last, Director of Community Development; Bob Whitehead, Director of Public Works; Karen
Gandy, Zoning Administrator; Ron Harper, City Engineer; E. Allen Taylor Jr., City Attorney;
and, Sandra L. LeGrand, City Secretary.
INVOCATION: Mayor Pro Tem Jerry Farrier.
WORK SESSION: The Work Session began at 6:30 p.m., whereby Councilmembers and City
staff reviewed all agenda items for tonight's meeting.
The Regular City Council meeting was called to order by Mayor Gary Fickes at 7:00 p.m.
Aeenda Item #1-A. Executive Session
Mayor Fickes advised the audience that Council would be going ~mto executive session pursuant
to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, and
551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to
pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real
property, and to consider the appointment and evaluation of public officials, and regarding the
deployment of specific occasions for implementation of security personnel or devises.
Council adjourned into executive session at 7:03 p.m.
Council returned to open session at 7:40 p.m.
Agenda Item #1-B. Action Necessary/Executive Session
No action was taken as the result of the Executive Session.
Regular City Council Meeting Minutes
June 21, 1994
page two
Aeenda Item//2. Auoroval of Minutes: June 7. 1994 and June 9. 1994
The Minutes of the Regular City Council meeting held on June 7, 1994 and the Special City
Council meeting held on June 9, 1994, were approved as presented.
Motion: Richarme
Second: Franks
Ayes: Richarme, Franks, Farrier, Wambsganss, Apple, Evans, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item #3. Mayor's Reuort
Mayor Gary Fickes reported that the Annual City Council Retreat will be held on Thursday, and
Friday, June 23 and June 24, 1994, at Solana Education Center, Westlake. These meetings are
open to the public, and the agenda has been posted with times and location of the retreat. Mayor
Fickes also reported that the annual Mayor and Councilmember Seminar will be held this year
in Amarillo, on July 28-30. Councilmembers are urged to attend.
A~enda Item #4. City Mana~,er's Reoort
The City Manager, Curtis Hawk, reported the monthly department reports are in the packets,
and if there are questions contact the director of that department.
Aoenda Item #5. Consent Aeenda
The consent agenda consisted of the following items:
5-A. Joint Use Construction and Feasibility Agreement for gymnasium at Carroll Middle
School between the City of Southlake and Carroll Independent School District.
5-B. Appointment of Canine for the Southlake Department of Public Safety, Police Services
Division.
5-C. Award of bid for 12" waterline improvements north of R.O.W.F.M. 1709 and east
R.O.W. Shady Lane.
Motion was made to approve the consent agenda, items #5-A, #5-B, and #5C, as presented.
Motion: Franks
Second: Evans
Ayes: Franks, Evans, Apple, Wambsganss, Richarme, Farrier, Franks, Fickes
Nays: None
Approved: 7-0 vote.
Regular City Council Meeting Minutes
June 21, 1994
page three
ADDITIONAL INFORMATION ON CONSENT ITEMS
The Joint Utilization Committee suggested an agreement be drafted between the Carroll
I.S.D. and the City to cover construction aspects of the gymnasium/recreation center
which will be built at the Carroll Middle School site. A separate agreement will cover
usage. This agreement authorized the formation of a Feasibility and Construction
Committee, charged with the responsibility of performing a feasibility cost analysis of
the project. The agreement provides the terms and conditions governing the
construction, with the district having primary responsibility for construction after the bids
are let and accepted.
The Southlake Department of Public Safety's canine program was approved by action of
the City Council on July 21, 1992, with the adoption of Resolution 92-33. The program
has been successful in public relations exhibitions, crime prevention, and as an
investigative tool. The current department canine, "Dune", is approximately nine (9)
years old. The sanctioning association has stated that Dune will only certify at 89 % next
year. We have acquired another canine as a replacement, "Fonzie", equal in
qualifications to the animal that we currently have. Fonzie will complete his training this
week and will be available for service after Council approval. The purchase of this
animal was made from Southlake Department of Public Safety forfeiture funds and will
not impact general funds except in maintenance and upkeep.
Award of bid for 12" waterline improvements north of right-of-way F.M. 1709 and east
right-of-way Shady Lane. Funding of the 12" waterline project will be provided from
$1.3 million Water Revenue Bonds. Staff recommends award of bid to low bidder, Bil-
Mik, Inc. in the amount of $142,570.
A~enda Item #6. Public Forum
George Cannedy, 2428 Brasher Lane, Bedford. Mr. Cannedy stated he understood the City had
on their agenda this evening an item involving the two lots in Dove Estates that have the sewer
treatment plant on them.
The City Manager suggested Mr. Canndey talk with Mr. Bob
Whitehead, Director of Public Works, regarding this item, as it is
not on the Council agenda.
Richard Crow, 1502 Plantation Drive, Southlake. Mr. Crow requested the City Council give
some consideration to the 200 feet notification provision for zoning cases. Crow stated the City
is going through some zoning changes now, and people in the general areas are not getting
notification. He feels 200 feet is not adequate in Southlake. I-Ie suggested this distance be
increased to 1,000 feet.
Regular City Council Meeting Minutes
lune 21, 1994
page four
Al!enda Item #8-F. Ordinance No. 480-130. 1st readln~ CZA 94-54).
Ordinance No. 480-130, 1st reading (ZA 94-54), Rezoning and Concept Plan for OakRidge
Addition, being 103.76 acres situated in the T.M. Hood Survey, Abstract No. 706, being Tracts
1 & lC, iA, lB, 3A, 3C, liB, and Lots 1 & 2, Bradley Addition. Current zoning is "AG"
Agricultural, with a requested zoning of "SF-20A" Single-Family Residential District. Owners:
Helen Taylor and Harry J. Bradley. Applicant: PIMA Properties, Inc.
Mr. David McMahan, 1335 Hidden Glen, Southlake, a representative of PIMA Properties,
requested this item be sent back to the Planning and Zoning Commission, as they have given this
project a great deal of thought, and based on the lot size issue and the sewer issue, they would
like to re-evaluate this project and re-present to the Planning and Zoning Commission for
consideration.
Richard Crow, 1502 Plantation Drive, Southlake. Mr. Crow stated he has concerns that the
present set of rules are not being followed by the City Council. A developer can change his
mind, change his plan, jump over the Planning and Zoning Commission and go on to the City
Council. All the property owners came tonight to speak regarding this zoning request and are
being sent home. Mr. Crow stated he feels the current rules give developers the opportunity to
play the game, and they are taking advantage of the staff. He stated he feels the City Council
should vote tonight on the plan which went to Planning and Zoning, using the super-majority
because this item is on the agenda. He does not feel going back to Planning and Zoning with
a new plan is the same as having the current plan rejected.
The City Manager, Curtis Hawk, stated, under the state law, any
applicant, once they have made application for a development, to
make any changes in the original request, which are more intensive
in use than as originally presented, has to go back through the
process. Any time they file an application, whether or not it is
before or after the Planing and Zoning Commission votes, when
it goes to the City Council, the developer has the right, under the
state law, to alter that proposal as long as the alteration would
result with a less intensive use.
Motion was made to send Ordinance No. 480-130, (ZA 94-54) back to the Planning and Zoning
Commission.
Motion: Apple
Second: Evans
Ayes: Apple, Evans, Wambsganss, Franks, Farrier, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Regular City Council Meeting Minutes
June 21, 1994
page five
Agenda lt~m geT-A, Ordinance No. 610, 2nd readine. Creation of a Youth Advisory
Commission and rules for its ooeration.
Shana Rice, Assistant City Manager, stated this program will be yet another component to our
citizen participation efforts. During the first reading, it was suggested that the ordinance contain
a provision to expand student representation. To accomplish this, Section IV of the ordinance
has been revised to provide for the appointment of two "at large" representatives who do not
attend Carroll Independent School District. The two representatives will be selected from the
other three O) school districts in Southlake.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 610, 2nd reading.
Motion: Richarme
Second: Apple
Mayor Fickes read the caption of the ordinance.
Ayes: Richarme, Apple, Evans, Wambsganss, Franks, Farrier, Fickes
Nays: None
Approved: 7-0 vote
A~enda Item/fT-B Ordinance No. 611, 2nd reading, denying the rate increase for H2M
Water System. servin~ Indian Creek and Lakewood Ridge.
The City Manager, Curtis Hawk, commented the second reading is a formality regarding
Ordinance No. 611, denying the rate increase for H2M Water System.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 611, 2nd reading, denying the rate increase for
H2M Water System.
Motion: Franks
Second: Wambsganss
Mayor Fickes read the caption of the ordinance.
Ayes: Franks, Wambsganss, Apple, Evans, Farrier, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Regular City Council Meeting Minutes
June 21, 1994
page six
Agenda Item/f'/-C. Ordinance No. 480-124. 2nd reading (ZA 94-39L
Ordinance No. 480-124, 2nd reading (ZA 94-39) is a rezoning request for a 13.729 acres tract
of land out of the Hiriam Grandberry Survey, Abstract No. 581, being a portion of Lot 2, Block
A, White Chapel Blvd., at the intersection of Lilac Lane and Pine Drive. Current zoning
is"RE" Residential Estates, with a requested zoning of "SF-IA" Single Family Residential
District. Owners: Wanda Pulliam and Deloris Ann Pearson. Applicant: Stephen J. Bezner.
Public Hearing.
Karen Gandy, Zoning Administrator, commented that thirteen (13) notices were sent to property
owners within the notification area, and four written responses have been received, including:
John Koster, in favor; James Branton, needs more information; James and Mary Jo Zanaboni,
undecided; and Jack and Barbara Rudduck, opposed. Ms. Gandy noted, prior to recording this
plat revision, the applicant must submit percolation tests and septic system feasibility analysis
for the proposed lots. Should this identify potential problems, the size of some lots may have
to be increased in order to provide sufficient area for a functional septic system or other
innovative system as allowed by Tarrant County Health Department. The nearest public sewer
is approximately 550' to the east in the Timarron Development.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-124, 2nd reading.
Motion: Apple
Second: Evans
Mayor Fickes read the caption of the ordinance.
Ayes: Apple, Evans, Wambsganss, Richarme, Farrier, Franks, Fickes
Nays: None
Approved: 7-0 vote
Councilmember Richarme commented that even though the zoning
is "SF-1A", there is still a strong desire of the Council to have
sewer availability. Council understands the Developer is working
in that direction.
A8enda Item #7-D, Ordinance No. 480-126. 2nd readine (ZA 94-46}.
Ordinance No. 480-126, 2nd reading is a rezoning request for 160 acres of land legally
described as Tracts 5, 6A, 6Al, 6B2, & 6B3, situated in the J.A. Freeman Survey, Abstract No.
529, and Tracts 12, 2, 2A, 2B, 2C, and 2C1 in the J.W. Hale Survey, Abstract No. 803.
Current zoning is "B-I" Business Service Park District and "I-1" Light Industrial District.
Request is for the "SF-20A" Single Family Residential District. Applicant: City of Southlake.
Regular City Council Meeting Minutes
June 21, 1994
page seven
Agenda Item ffT-D. Continued
Karen Gandy, Zoning Administrator, commented forty-eight(48) notices were sent to property
owners within the 200' notification area. Four (4) written responses have been received from
property owners effected by this zoning: Norman Brown, opposed; Theron Pagan, in favor;
Nolan Lemons, in favor; Dorothy Rockenbaugh, in favor. Four (4) adjacent property owner
responses have been received: John Campbell, in favor; Dennis Minder, in favor; Sandra
Harper, in favor; Shamrock Pipeline Corp., has pipeline easement and would like to be made
aware of future preliminary plats. One (1) property owner, outside the notification area
responded in favor. Mrs. Gandy noted that the action of the Planning and Zoning Commission
will require a super-majority vote of the Council.
Councilmember Richarme asked staff if the area is available for
sewer. Greg Last, Director of Community Development, noted
there is no immediate sewer in the area. Sewer is approximately
2-3 thousand feet off-site at this time.
Public Hearing:
Richard Crow, 1502 Plantation, Southlake. Mr. Crow stated he assumes the City does not own
the property in question. He is in favor of the denial vote of the Planning and Zoning
Commission, adding, let the property owners decide what they want to do with their property.
He stated he does not understand why the city would make this decision.
Mayor Fickes responded Council feels this action is in the best
interest of the City, as it will "clean-up" the property in this area,
making all zoning the same. We have had potential purchasers
looking at developing it, but afraid of the industrial zoning. No
activity has taken place in this area for more than five (5) years.
Motion was made to approve Ordinance No. 480-126, 2nd reading, as presented.
Motion: Farrier
Second: Richarme
Mayor Fickes read the caption of the ordinance.
Ayes: Farrier, Richarme, Wambsganss, Apple, Evans, Franks, Fickes
Nays: None
Approved: 7-0 vote
Regular City Council Meeting Minutes
June 21, 1994
page eight
Agenda Item #7-E. Ordinance No. 605. 2nd reading. Drainage Ordinance.
Director of Public Works, Bob Whitehead, stated, the current drainage ordinance has been in
effect since December 1989. Over the course of the past four years, some changes have been
suggested for this ordinance which would serve to make the ordinance more effective in its
implementation. Many of the revisions to the ordinance are minor in nature, the more
substantial revisions were discussed. A copy of the memorandum dated June 17, 1994, from
the DPW is hereby attached to the minutes of this meeting.
Councilmember Richarme noted that it is very necessary to make
sure the ordinance serves as a tool to be sure we can do what we
need done. He would like to see it tightened again at some point.
The public hearing resulted with no comments from the audience.
Motion was made to approve the second reading of Ordinance No. 605.
Motion: Apple
Second: Franks
Mayor Fickes read the caption of the ordinance.
Ayes: Apple, Franks, Farrier, Wambganss, Evans, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item g8-A. Ordinance No, 480-127, 1st reading CZA 94-48).
Ordinance No. 480-127, 1st reading (ZA 94-48) is a rezoning for a 4.3 acre tract of land
situated in the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys,
Abstract Nos. 1131 and 1132. Current zoning is "AG" Agricultural with a requested zoning of
"SF-1A" Single Family Residential. Owner/Applicant: Platinum Ventures, Inc. T.G. Herron,
President.
Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property
owners within the 200' notification area, and no written responses were received. The property
is west of North White Chapel Blvd., adjoining the U.S. Corps of Engineers property to the
North.
A representative of the applicant, Mr. Dee Ekstrom, was present for the meeting.
Regular City Council Meeting Minutes
June 21, 1994
page nine
Agenda Item #8-A. Continued
Motion was made to approve the ist reading of Ordinance No. 480-127.
Motion: Richarme
Second: Wambsganss
Mayor Gary Fickes read the caption of the ordinance.
Ayes: Richarme, Wambsganss, Evans, Apple, Farrier, Franks, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item #8-B. Ordinance No. 480-128. 1st readin~ (ZA94.49~
Ordinance No. 480-128, 1st reading (ZA 94-49) is a rezoning for a 4.312 acre tract of land out
of the A. H. Chivers Survey, Abstract No. 299. Current zoning is "AG" Agricultural, with a
requested zoning of "SF-1A" Single Family Residential. Owner/Applicant: David B. Arnold.
Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property
owners within the 200' notification area, and no written responses have been received. The
Planning and Zoning Commission approved this action on June 9, 1994, with a 5-0 vote.
Mr. David Arnold was present but had no comments.
Motion was made to approve Ordinance No. 480.128, 1st reading, as presented.
Motion: Apple
Second: Franks
Mayor Fickes read the caption of the ordinance.
Ayes: Apple, Franks, Farrier, Richarme, Wambsganss, Evans, Fickes
Nays: None
Approved: 7-0 vote
Aaenda Item #8-C. ZA 94-50. Plat Showine for Lot 1 and 2. A.H. Chivers No. 299
Addition.
ZA 94-50, Plat Showing for Lot 1 and Lot 2, A.H. Chivers No. 299 Addition being 4.312 acres
situated in the A.H. Chivers Survey, Abstract No. 299. Current zoning is "AG" Agricultural
with a requested zoning of "SF-1A" Single Family Residential District. Owner/Applicant:
David B. Arnold.
The Zoning Administrator, Karen Gandy, noted the applicant has met all the review comments
of the first Plat Review Summary dated June 3, 1994 with the exeeption of those items addressed
in the second Plat Review Summary dated June 17, 1994.
Regular City Council Meeting Minutes
June 21, 1994
page ten
Aeenda Item #8-C. Continued
Motion was made to approve ZA 94-50, Plat Showing, subject to the second Plat Review
Summary dated June 17, 1994.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Evans, Wambsganss, Farrier, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-D. Ordinance No. 480-129. 1st readinn ZA 94-51.
Ordinance No. 480-129, 1st reading (ZA 94-51), is a rezoning for a 6.09 acre tract of land
situated in the Thomas M. Hood Survey, Abstract No. 706. Location: East of North
Peytonville Avenue, west of Shady Oaks Drive and south of West Dove Street. Current zoning
is "AG" Agricultural, with a requested zoning of "SF-1A" Single Family Residential.
Owners/Applicant: Kathleen L. Sumner and F.L. Bailey.
The Zoning Administrator, Karen Gandy, noted ten (10) notices were sent to property owners
within the 200' notification area, and three (3) responses were received from outside the
notification area: James and Wanda Glover, opposed due to drainage; Kathleen Sumner, in
favor; and Ruthann D. Ashew, opposed.
Glen Burgess, 1253 North Peytonville Avenue, Southlake. Mr. Burgess stated he responded but
it was not on the record, and he expressed concerns with the dirt being moved onto the property;
that it will end up on his property.
F.L. Bailey, Applicant. Mr. Bailey commented that the dirt being hauled in is not as much as
was hauled out some years ago.
Don Weeks, 1325 North Peytonville Avenue, Southlake. Mr. Weeks stated he did not get a
letter, but came to the Planning and Zoning Commission meeting and asked that this zoning be
denied. He is opposed to the water that will mn onto his property. He noted the potential
drainage problems.
Richard Crow, 1502 Plantation Drive, Southlake. Mr. Crow stated he is also concerned about
the drainage onto Peytonville Avenue. Also the alignment of West Highland was a concern at
Planning and Zoning Meeting. He asked that this property be either denied or sent back to the
Planning and Zoning Commission. He is also concerned about the drainage.
City Attorney, Allen Taylor, explained to the audience the
difference between zoning and platting.
Regular City Council Meeting Minutes
June 21, 1994
page eleven
Agenda Item #8-D. Continued
Motion was made to approve Ordinance No. 480-129.
Motion: Wambsganss
Second: Evans
Mayor Fickes read the caption of the ordinance.
Ayes: Wambsganss, Evans, Apple, Franks, Farrier, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-E. ZA 94-52. Plat Showine of Lots 1.2. and 3. Thomas M. Hood No. 706
Addition.
ZA 94-52, Plat Showing of Lots 1,2, and 3, Thomas M. Hood No. 706 Addition, being 6.09
acres situated in the Thomas M. Hood Survey, Abstract No. 706. Current zoning is "AG"
Agricultural, with a requested zoning of "SF-1A" Single Family Residential District.
Owners/Applicants: Kathleen L. Sumner and F.L. Bailey.
Karen Gandy, Zoning Administrator, commented that ten (10) notices were sent to property
owners within the 200' notification area and no responses have been received.
City Attorney, Allen Taylor, commented regarding the plat as it
stands. A building permit will be issued on Lot 1 and LOt 2,
however, on Lot 3, a building permit cannot be issued but must go
before the Board of Adjustments for a variance to a non-
conforming use. If the house should bum over 50%, a building
permit cannot be issued.
Kathleen Sumner, 1205 North Peytonville, Southlake. Ms. Sumner stated she lives on Lot 3,
and only sold LOt 1 and Lot 2, to keep her home. Ms. Sumner stated she has not altered the
drainage flow on the property.
Don Weeks stated this is not good; it is something you stop before it happens, as it is less
expensive this way. This should not be approved because of the potential drainage problems.
Mr. Bailey has raised the elevation of the area where they plan to build.
Richard Crow, 1502 Plantation, Southlake. Mr. Crow stated Lots 1 and 2 each have a lot width
of 122'. The applicant should be made to conform to the lot frontage requirement.
F.L. Bailey stated he did not raise the elevation and this plat does not have anything to do with
the drainage.
Regular City Council Meeting Minutes
June 21, 1994
page twelve
A~,enda Item #8-E. Continued
Councilmember Apple asked if Council can plat into a non-
conforming plat.
Councilmember Richarme expressed concerns with the ability to
pass percolation tests and the road extending from Peytonville
Avenue to West Highland.
Motion was made to deny ZA 94-52.
Motion: Richarme
Second: Franks
Ayes: Richarme, Franks, Farrier, Wambsganss, Apple, Evans, Fickes
Nays: None
Denied: 7-0 vote
Council adjourned for recess at 9:20 p.m.
Council returned to open session at 9:35 p.m.
Agenda Item #8-G. Ordinance NO. 480-132. 1st readin2 ZA 94-56.
Ordinance No. 480-132, 1st reading (ZA 94-56) is a Rezoning and Site Plan for property legally
described as 0.512 acres being a portion of Lot 5, Parker's Comer Addition. Current zoning
is "C-2" Local Retail Commercial, with a requested zoning of "S-P-l" Site Plan District.
Owner: Metzger Dairies, Inc. Applicants: Drews Realty Group, Inc., Tim Vickery, Vice-
President, and Kwik Industries, Sid Hollingsworth, Agents.
The Zoning Administrator, Karen Gandy, stated six (6) notices were sent to property within the
200' notification area, with one written response from Joseph R. Mantheiy, Lot 4, Parker's
Comer, opposing this request, as it will impact his lot to the south.
John Drews, 5440 Harvest Hill, Dallas. Mr. Drews stated they have a use that is appropriate
that will fit with the Albertsons Center across the street.
Roy Ellis, President of Kwik Industries, 4725 Null Road, Dallas. Mr. Ellis stated the structure
is seventeen feet (17') in height. Ellis also stated: monument signage will be used; no noise;
no repair work will be done; and no outside storage on the property.
Mayor Fickes explained to the applicants that the City of Southlake
is in the process of completing a corridor study of F.M. 1709, F.M. 1938, and
SH 114. If we are going to have this type of business, we would like for it to tie
into the study.
Regular City Council Meeting Minutes
June 21, 1994
page thirteen
Mayor Fickes stated he would like for the large doors in the
structure to face away from F.M. 1709 for aesthetic purposes. He
asked Mr. Ellis if it would be possible to turn the building in order
to accomplish this.
Motion was made to approve Ordinance No. 480-132, 1st reading, subject to the second Plan
Review Summary dated June 17, 1994; with intensified front density, leaving the building as
is for the first reading.
Motion: Apple
Second: Franks
Mayor Fickes read the caption of the ordinance
Ayes: Apple, Franks, Farrier, Richarme, Wambsganss, Evans.
Nays: Fickes
Approved: 6-1 vote
Aeenda Item #8-H. ZA 94-57. Plat Revision of Lot 5. Parker's Corner Addition.
ZA 94-57, Plat Revision of Lot 5, Parker's Comer Addition, being 3.570 acres of land situated
in the Jessie G. Allen Survey, Abstract No. 18, and being revised to Lots 5R1, 5R2, 5R3, and
5R4, Parker's Comer Addition. Current zoning is "C-2" Local Retail Commercial, with a
requested zoning of "S-P-l" Site Plan District. Owner: Metzger Dairies, Inc. Applicant: Wier
and Associates, Inc., Rea Stevenson, Agent.
John Drew, applicant, requested this item be tabled.
Motion was made to table ZA 94-57, time certain July 5, 1994.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Wambsganss, Farrier, Richarme, Evans, Fickes
Nays: None
Approved: 7-0 vote (to table).
Aeenda Item #8-I. Resolution No. 94-28. ZA 94-58. Soecific Use Permit for E~uestrian
Uses.
Resolution No. 94-28, ZA 94-58, Specific lJse Permit per Ordinance No. 480, Section 45.1 #18,
to allow equestrian uses on 3.953 acres situated in the Thomas M. Hood Survey, Abstract No.
706, Tracts 8F, 8G, and 8Gl. Current zoning is "AG" Agricultural. Owners/Applicants:
Robert and Marilyn Seebeck and Doreen Seebeck. A concept plan will be reviewed with this
request. Public Hearing.
Regular City Council Meeting Minutes
June 21, 12994
page fourteen
Agenda Item #8-I. Continued
Karen Gandy, Zoning Administrator, noted that nine (9) notices were sent to property owners
within 200' and the following response were received: Para Deese, Timothy Raley, Bert and
Helga Yetman, Ted, Carolyn and Todd Dillingham, Martin O'Connor, Richard Wilhelm, Martha
Jones, and a petition of Southlake parents of students participating in the "Ride With Pride"
horsemanship program, all in favor. Glenis Davidson, responded, opposing the operation of a
business across from her home and all of the associated traffic.
Robert Seebeck, 480 West Highland, Southlake. Mr. Seebeck stated Doreen is a certified riding
instructor. They currently have a ten (10) year permit but are renewing it after seven (7) years.
They are asking for a thirty-five (35) year permit, or an ongoing facility. They look at the
operation as not being in a public place. They sign an agreement with the students who are
taking lessons. They are not asking for any building permits, however, they are asking for a
variance to the 25' right-of-way.
According to Doreen Seebeck, they have "play day" four times per year. They hire an off-duty
officer to stand by on play days for traffic control. She has twenty (20) students a day; five per
hour, from 7:00 a.m. to 12:00 noon. Lessons are from 2:00 p.m. to 7:00 p.m. during spring
and fall. She has twelve (12) horses on their property.
Councilmember Apple referenced comments from the Concept
Plan Review Summary g2, in regard to a Fire Department
requirement of a 6" minimum water line and fire hydrant to within
500' of all buildings.
Curtis Hawk, City Manager, stated a fire hydrant is needed within
500' of a structure, because if it were to catch fire, we would
loose it.
Matt Goodwin, Goodwin and Marshall, engineers. Mr. Goodwin spoke for the equestrian
operation, stating is it appropriate for the equestrian operation to have to pay for a frre hydrant.
Does the existence of the Specific Use Permit have anything to do with the requirement?
Roger Stewart, Fire Marshal, City of Southlake. Mr. Stewart stated those buildings and the
house are required to have a hydrant. The city also requires a marked fire lane.
Lonnie Vann, 607 East Dove Road, Southlake. Mr. Vann questioned the requirement of a
marked fire lane, of 24' un-obstructed all weather surface. He offered to donate his labor to
install a fire hydrant for Mr. Seebeck.
Regular City Council Meeting Minutes
June 21, 1994
page fifteen
Agenda Item #8-I Continued
Motion was made to approve ZA 94-58, Resolution No. 94-28, approval of the Specific Use
Permit subject to the Concept Plan Summary g2 dated lune 17, 1994, deletion of item #1, 24'
fire lane, with the addition of a thirty-five (35) year time limit for the SUP and the addition of
a fire hydrant, in which the labor will be donated by Lonnie Vann, 607 East Dove Road,
Southlake; the city will bare the cost of the hydrant. Deleting the all-weather surface on the fire
lane, and posting signs in the fire lane every 100' length of the drive-way.
Motion: Richarme
Second: Farrier
Ayes: Richarme, Farrier, Evans, Apple, Wambsganss, Franks, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-J. Ordinance No. 480-N. 1st reading. Revisions to the Zoning Ordinance.
Ordinance No. 480-N, 1st reading, revisions to the Zoning Ordinance No. 480, as amended,
specifically Section 6, "Nonconforming Uses" and Section 44, "Board of Adjustments" and their
role in the amortization of nonconforming uses.
Karen Gandy, Zoning Administrator, commented the revisions were recommended by the City
Attorney's office to address nonconforming uses and structures and the amortization of these
nonconforming uses. The City Attorney has added new Sections 6.9, 6.10, and 6.11 which
address discontinuance or abandonment of nonconforming uses, destruction of nonconforming
uses, and amortization of nonconforming uses, respectfully. Also, added is a new paragraph
under Section 44.3 "Powers and Duties" of the Board of Adjustment authorizing them to
amortize nonconforming uses when deemed appropriate.
Motion was made to approve Ordinance No. 480-N, as presented in 1st reading.
Motion: Apple
Second: Farrier
Mayor Fickes read the caption of the ordinance.
Ayes: Apple, Farrier, Franks, Richarme, Wambsganss, Evans, Fickes
Nays: None
Approved: 7-0 vote
Regular City Council Meeting Minutes
June 21, 1994
page sixteen
Agenda Item #8-K. Ordinance No. 613. 1st readim,, an ordinance releasing the City of
~01~thlake'$ ownershin interest in right-of-way on Kimball Avenue. between SH 114 and
FM 1709,
Curtis Hawk, City Manager, commented this ordinance authorizes the Mayor to execute a
quitclaim deed releasing public ownership interest, and control of a portion of the dedication for
a proposed extension of Kimball, to the owners of Kimball/FM1709 Addition in exchange for
the same amount of additional right-of-way to the west which will be used for the realignment.
The exchange is spelled out in the agreement. The City will exchange the 15,507.04 sq.ft, of
right-of-way indicated along with $98,016.00 for the 34,610.25 sq. ft. The remainder of Lot 1,
Block 2, will remain in the ownership of the landowners as previously discussed with City
Council.
Motion was made to authorize the Mayor to execute the Warranty Deed as noted in Ordinance
No. 613.
Motion: Franks
Second: Richarme
Mayor Fickes read the caption of the ordinance.
Ayes: Franks, Richarme, Farrier, Evans, Apple, Wambsganss, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item/fS-L. Ordinance No. 612. 1st reading. Vacatin2 and Abandonin2 a Portion
of North Kimball Avenue. Adjacent to Kimball/1709 Addition.
Ordinance No. 612, 1st reading, an ordinance vacating and abandoning a portion of North
Kimball Avenue, between S.H. 114 and F.M. 1709, adjacent to Lot 1, Block 1, Kimball/1709
Addition, City of Southlake. This portion of "new" Kimball became unnecessary with the
realignment of the proposed roadway as approved by the City Council. The public will benefit
from the vacation and abandonment of this portion.
Motion was made to approve Ordinance No. 612, 1st reading.
Motion: Franks
Second: Apple
Mayor Fickes read the caption of the ordinance.
Ayes: Franks, Apple, Wambsganss, Evans, Farrier, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Regular City Council Meeting Minutes
June 21, 1994
page seventeen
Agenda Item #10-A. Extension of Final Plat of Sandlin Estates
The City Manager, Curtis Hawk, noted Mike Sandlin has requested an extension of his final
plat, which expires in January 1994. The ordinance provides that City Council may extend the
expiration date of a final plat for up to one (1) year upon written petition for such extension,
prior to the expiration. Although Mr. Sandlin's final plat has expired, City Council has been
lenient in similar situations.
Mike Sandlin, 3403 Cambridge Court, Colleyville. Mr. Sandlin stated he is not asking for
anything different, only for a one (1) year extension so that he can go ahead and file the plat and
start his house.
Motion was made to approve the extension of the final plat for one (1) year, for Sandlin Estates.
Motion: Wambsganss
Second: Farrier
Ayes: Wambsganss, Farrier, Franks, Richarme, Apple, Evans, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item #10B. Develooer A~reement for Southlake Hills East Addition.
Director of Public Works, Bob Whitehead, led the discussion regarding the Developer
Agreement for Southlake Hills East Addition, adding, this agreement contains the standard
requirements for the provisions of water, streets, drainage, and the usual requirements relating
to performance and payment bonds, maintenance bonds, inspection fees, and park fees. Some
of the details to be acknowledged are as follows:
Page 3, letter tl: has the additional wording "holidays, and after normal working
hours". This has been added to defray some of the overtime costs for inspectors.
Page 9, part A. Sewer Pro-Rata: Sewer pro-rata has not been determined,
however, should pro-rata be required, the Developer will pay prior to
construction.
Page 9, part B. Park Fees: The Developer agrees to pay the park fees in
conformance with Ordinance No. 483. The required park fee is $9,000.
Regular City Council Meeting Minutes
June 21, 1994
page eighteen
A~enda Item #IO-B. Continued
Motion was made to approve the Developer Agreement for Southlake Hills East Addition, as
presented.
Motion: Apple
Second: Evans
Ayes: Apple, Evans, Wambsganss, Richarme, Farrier, Franks, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #1-A. Executive Session Continued
Mayor Fickes advised the audience that Council would be going back into executive session
pursuant to Chapter 551 of the Texas Government Cede, Section 551.074, appointments to
Boards and Commissions.
Council returned to Executive Session at 11:15 p.m.
Council returned to Open Session at 11:55 p.m.
A~enda Item gg-A. Resolution No. 94-30. Annointments to P &Z.
Resolution No. 94-30 was approved, naming Joe Wright, Randy Arnold and Ernest Johnson to
another term on the Planning and Zoning Commission, with terms to expire in May, 1996.
Arthur Hobbs, was appointed to the Planning and Zoning Commission to expire in May, 1996,
also.
Motion: Franks
Second: Wambsganss
Ayes: Franks, Wambsganss, Farrier, Richarme, Apple, Evans, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item # 9-B. Aooointment to Board of Adjustments.
Resolution No. 94-31, appointments to the Board of Adjustments was tabled until July 5, 1994,
City Council meeting.
Motion: Apple
Second: Franks
Ayes: Apple, Franks, Wambsganss, Evans, Richarme, Farrier, Fickes
Nays: None
Approved: 7-0 vote (to table)
Regular City Council Meeting Minutes
June 21, 1994
page nineteen
Aeenda Item g9-C. Resolution No. 94-32. Annointments to Park and Recreation Board.
Resolution No. 94-32, naming Marjorie Zielke to the Park and Recreation Board, with a term
to expire in May, 1997, was approved.
Motion: Apple
Second: Franks
Ayes: Apple, Franks, Evans, Wambsganss, Farrier, Richarme, Fickes
Nays: None ~.
Approved: 7-0 vote
Aeenda Item gg-D. Resolution No. 94-34. Annointment to Teen Court Advis0rv Committee.
Resolution No. 94-34, naming members to the Teen Court Advisory Committee was tabled until
the July 5, 1994, City Council meeting, was approved.
Motion: Wambsganss
Second: Apple
Ayes: Wambsganss, Apple, Evans, Franks, Farrier, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #9-E, Resolution No, 94-35. Apnointments to Joint Utilization Committee.
Resolution No. 94-35, naming Rick Wilhelm to another term on the Joint Utilization Committee
was approved. Also noting that Stephen Apple has one year left on his term.
Motion: Farrier
Second: Richarme
Ayes: Farrier, Richarme, Franks, Evans, Apple, Wambsganss, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #9-F. Resolution No. 94-36. Aooointment to North Central Texas Council of
Governments Re0resentative.
Resolution No. 94-36, was approved, naming Mayor Gary Fickes as the Representative for
COG, for a one year tenn.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Farrier, Richarme, Wambsganss, Evans, Fickes
Nays: None
Approved: 7-0 vote
Regular City Council Meeting Minutes
June 21, 1994
page twenty
Agenda Item//12. Adjournment
The meeting was adjourned at twelve midnight by Mayor Gary Fickes.
LeGrand
City Secretary
City of Southlake, Texas
CITY COUNCIL MEETING
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City of Southlake, Texas
MEMORANDUM
June 17, 1994
•
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
Ron Harper, City Engineer
SUBJECT: Ordinance No. 605, 2nd reading,
Revisions to Drainage Ordinance
Attached is the latest version of the revised Drainage Ordinance. Ordinance No. 605 was on
the City Council agenda for first reading June 7th and is listed for second reading this meeting.
The current ordinance has been in effect since December 1989. Over the course of the past four
years some changes have been suggested for this ordinance, which would serve to make the
ordinance more effective in its implementation. Many of the revisions to the ordinance are
minor in nature (wording, clarification, definitions, etc.). The more substantial revisions are
covered in the following sections.
Section Comment
1.02 Revise or add several definitions.
2.02C The technical requirements have been removed from the ordinance so that any
modifications can be dealt with by staff.
2.03C The technical requirements have been removed from the ordinance so that any
modifications can be dealt with by staff.
3.05F By prohibiting the impoundment of water in the right -of -way, we reduce the risk
to damage to the roadway subgrade.
3.05G This insures that the ordinance conforms with Texas Water Law in regards to
diversions and impoundments.
6.06 This revised section insures that adequate drainage facilities will be constructed
by the first developer to impact or exceed these structures. By requiring a
developer to construct the required structures adjacent to the property being
developed, the City can better provide for any future development within the
impacted watershed. This also clarifies the eligibility for pro rata reimbursements
if the drainage facilities will benefit other developers.
Curtis E. Hawk, City Manager
Storm Drainage Ordinance
June 17, 1994
Page 2
8.03B Additional conditions or situations where the use of retention and /or detention
facilities may be required.
Section Comment
9.02 This refines the definition of what is reasonably expected of an owner in
maintaining drainage facilities.
9.02D Language added by the City Attorney relative to enforcement of the maintenance
provisions of the ordinance.
Please place this on the June 21st agenda for Council consideration.
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May 25, 1994
3409 Heritage Oak Court
Grapevine, Texas 76051
Honorable Gary Fickes
Mayor, City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Dear Mayor Fickes,
Thank you for your May 24, 1994 telephone conversation with me regarding the proposed
residential rezoning of my 9 acres in Southlake, Tract 2A, J.W. Hale Survey. I have the following
additional thoughts regarding this proposed rezoning:
I. I would not have purchased this property in 1978 if it had been zoned residential because of
its shape i.e. 239.5X1650.5. Residental development of this shape would not be desirable.
Lots would require a 83.5 minimum width to meet the R20 size requirement which would not
be practical. (This would result in a lot size of 83.5X239.5).
2. If zoned residential this land would have to be developed in conjunction with adjacent land
owners. This places me in an untenable situation. If for some reason I was not included in the
development of adjacent land, my land could go from a positive land value to a negative with
high taxes without the opportunity to develope the land to its highest and best use.
3. These nine acres are also not considered desireable for residential development because of
the exposure to nearby overhead landing aircraft and the commericial and heavy industrial
activity on E. Continental and Bromlow.
4. I feel terribly threatened by the proposed residential rezoning and urge the City to
delay this rezoning change at this time.
Please lead the City to not rezone my land residential. I did not know about the Cities' thinking
in 1987 to wait for a period of time to see what would happen to the development of land before
rezoning residential. Please consider a further delay of rezoning again to provide time to
determine the land's highest and best use which is considered to be B1 at the present but may
be R20 in the future.
Thank you for your help in this.
Sincerely, 1
Norman J. Bro
v
RECEIVED
JUN 0 7 1994
CITY SECRETARY
J LULU o, 1994
City of South lake
Southlake, TX 76092
RE: Document No. Z?94-46
Regarding our property located at 1512 Rainbow, we strongly
request that this be zoned SF -20A as the city is proposing. We feel
that this is the best use for our property and the property adjacent to
us. We are totally against the agricultural zoning as recommended
by Planning & Zoning.
Since Timarron has come in with a major subdivision along with a
professional golf course, we feel that commercial zoning would not
be sufficient for our property.
We are also opposed to the baseball field that is going in to the east
of us. This would not be acceptable in a residential zoning.
We would appreciate your consideration in • matter as the City is
considering its zo � c • ges.
Sincerely
Theron A. Ragan
s -tiArL.& /99.Sz
Lico 71* 24, (26‘74,
nwt. / 0-r1J 2 a/bt eevnit4:1"xtti zL
Ci/rYti i;v1) V,a zi, 4z
M4y;lt /b 2 o fa,rnt,
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FARRAR •
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F L. ESTATE 11 j
June 7, 1994 do,
44 499
X
Gregory D. Last
_ Community Development Director
City of SoUthlake, Texas
Re, ZA 94 -46
1 wish to express my endorsement for changing the
zoning to SF -20A on the property that I, along
with Nat Gibbs, own which has a total of
approximately 69 acres in the J. A. Freeman
Survey, Abstract 529 and J. W. Hale Survey,
Abstract 803.
It is my opinion that the highest and best use for
this property in the forseeable future is for
Single Family. Many years have passed with the
present zoning of "B -7. and "I -1" imposed on the
property without there being any interest shown
whatsoever for commercial -type use. It is my
belief that it is unlikely for that condition to
change.
To the contrary, I do believe that residential use
is much more likely to occur and to be a more
favorable use of the property.
I act as trustee for an additional 11.74
acre -tract in the John: A. Freeman Survey, Abstract
529, Tract 6B, which fronts on Continental
Boulevard.
I also favor the changing of the zoning on this
tract to SF -20A for the same reasons expressed
regarding the 69 -acre tract.
respectfully request your favorable
consideration in changing the zoning on this total
of 80+ acres from "B -1 and "I -1" to SF -20A.
you very much.
i
=illie a ar
BF /bS
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