1993-02-16 CITY OF SOUTHLAKE
667 North Carroll Avenue
REGULAR CITY COUNCIL MEETING
February 16, 1993
MINUTES
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Rick
Wilhelm; Deputy Mayor Pro Tem Jerry Farrier. Members: Barry
Emerson and Jon Michael Franks.
COUNCILMEMBERS ABSENT: Stephen Apple and Mike O'Brien.
CITY STAFF PRESENT: city Manager, Curtis E. Hawk; Director of
Public Safety, Billy Campbell; Director of Finance; LouAnn Heath;
Zoning Administrator, Karen Gandy; City Engineer; Eddie Cheatham;
Assistant to the City Manager, Chris Terry; city Attorney, Allen
Taylor; and, City Secretary, Sandra L. LeGrand.
INVOCATION: Councilmember Jerry Farrier.
The Work Session was called to order at 6:30 p.m. for the purpose
of discussions on agenda items for tonight's meeting.
The Regular City Council meeting was called to order at 7:05 p.m.,
by Mayor Gary Fickes.
Agenda Item ~I-B, Executive Session
Mayor Gary Fickes advised the audience that Council would be going
into executive session pursuant to Section 2(e) 2(f) 2(g) 2(j) of
the Open Meetings Act, to seek the advice of our 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 into executive session at 7:05 p.m.
Council returned to open session at 7:50 p.m.
Agenda Item ~1-C, Action Necessary/Executive Session
An agreement has been reached in principle between the City and
owners of a tract of land in regard to road and other types of
easements.
City Council Meeting Minutes
February 16, 1993
page two
Aqenda Item ~1-C, Continued
Motion was made to acquire the particular tract of land .in
accordance with the discussions that were held in executive
session. The description of land will be made public after all
contracts have been implemented.
Motion: Wilhelm
Second: Franks
Ayes: Wilhelm, Franks, Emerson, Franks, Fickes
Nays: None
Approved: 5-0 vote
Agenda Item ~Z, Approval of Minutes of February 2, 1993
The Minutes of the City Council meeting held on February 2,
were approved as presented.
Motion: Emerson
Second: Franks
Ayes: Emerson, Franks, Farrier, Wilhelm, Fickes
Nays: None
Approved: 5-0 vote
Agenda Item ~3, Mayor's Report
1993,
Mayor Fickes noted the Post Office on North Carroll Avenue, will
open on February 22, 1993. Originally,
it was to be a self service operation however, that has changed and
the building will be manned with one (1) employee. Hours will be
8:00 a.m. to 4:30 p.m., closing for noon hour.
Mayor Fickes also noted, the first day to file for a place on the
ballot for the May 1, 1993, General Election, was February 15,
1993. The last day to file is March 17, 1993.
Agenda Item ~4, city Manager's Report
The city Manager, Curtis Hawk reported the activity in the Building
Department of the City is the same. Sales Tax in January, 1993,
was the highest in any single month in the City's history.
Councilmember Jerry Farrier mentioned the Redi-Mix concrete plant
will be reopening, and that should increase the sales tax
substantially.
Agenda Item #5, Consent Agenda
The Consent Agenda consisted of the following items:
5-A Award of Bid for Concrete Flume Improvements at
Bicentennial Park.
City Council Meeting Minutes
February 16, 1993
page three
Aqenda Item ~5, Continued
5-B
Resolution No. 93-21, Authorizing the City Attorney
to proceed with condemnation of property for use by the
City as a Park, Library, or for other public purposes
permitted by Law.
5-C Acceptance of a Right-of-Way Dedication on Ridgecrest
Drive.
5-D Acceptance of a Right-of-Way Dedication on Harrell Drive.
5-E Approving an extension of the plat for Country Walk.
5-F
Resolution No. 93-22, supporting the funding of Poison
Control Services for Tarrant County Residents through the
Tarrant County 9-1-1 Emergency Communication District.
Motion was made to approve the Consent Agenda, including
#5,A, #5-B, #5-C, #5-D, #5-E, #5-F, as presented.
Motion: Farrier
Second: Wilhelm
Ayes: Farrier, Wilhelm, Franks, Emerson, Fickes
Nays: None
Approved: 5-0 vote
items
Additional Information on Consent Items
5-A. Concrete Flume improvements at Bicentennial Park. Bids were
opened on February 10, 1003, for the flume. Nine (9) bids were
received, with the low bid coming from Thomco Construction, Inc.
for $10,860.04. Construction is scheduled to be complete prior to
April 1, 1993. Budget item in FY92-93, Street and
Drainage/Maintenance Repair Materials.
5-B. Resolution No. 93-21, proceed with condemnation of property
for use by the city as a Park, Library, or other public purposes
permitted by Law. The City Attorney is authorized to bring
condemnation lawsuit for the purpose of acquiring approximately
11.5 acres out of the Littleberry G. Hall Survey, Abstract No. 686,
comprising portions of Tracts 2A, 3C1, and 3D1.
5-C. Right-of-Way dedication on Ridgecrest Drive. The City has
requested a right-of-way dedication at the northeast corner of
McPherson's Property along the curve section to increase the sight
visibility along this curve and to allow for future expansion of
Ridgecrest Drive. Owner will transfer her property, attorney will
pay her attorney fees of $350., plus provide a new fence along the
proposed r.o.w, line of the acquired parcel.
City Council Meeting Minutes
February 16, 1993
page four
Agenda Item ~5, Continued
5-D. Right-of-Way Dedication on Harrell Drive in Keller I.S.D. In
the process of planning future water line extensions in the
vicinity of Florence Elementary School, the city contacted keller
I.S.D. regarding an easement along the west property line of
Florence Elementary from Cimarron Estates north to Johnson Road.
In exchange for this right-of-way, the City of Southlake would
accept the street (Harrell Drive) and agree to maintain the street
in the future.
5-E. Preliminary Plat extension of Country Walk, on West
Continental Blvd. The plat was approved on August 21, 1990.
Preliminary Plats shall expire in two (2) years from the date of
approval, however, the Council may extend the requirement for not
more than one (1) year.
5-F. Resolution No. 93-22, a request from Tarrant County's Mayor's
Council, in regard to the emergency nature of Poison Control
Services. The request is to fund the services through the Tarrant
County 9-1-1 Emergency Communication District.
Agenda Item #6, Public Forum
No comments were received during the public forum.
Agenda Item ~7-A, Ordinance No. 480-82, 2nd reading. ZA 92-79
Ordinance No. 480-82, is a rezoning request for 31.457 acres
situated in the R.D. Price Survey, Abstract No. 1003-D, Tract 1 and
the H.A. Throop Survey, Abstract No. 1273-D, Tract 1 from "AG"
Agricultural District to the "SF-1A" Single Family-iA District.
Owner: F.D.I.C., Steve Mundt, Vice-President; Applicant: Tim
Fleet dba V.L.M.C. Inc. Public Hearing.
Karen Gandy, Zoning Administrator noted the land use category shows
this property falls within the medium density residential section
of the Land Use Plan.
Fourteen (14) notices were sent to property owners within 200' and
four (4) written responses have been received. In favor: Betty
Foreman, Jinks Jones, Michael Hailey. Opposed: Fred T. Johnson.
On January 21, 2993, the Planning and Zoning Commission recommended
approval with a 6-0 vote; on February 2, 1993; City Council
approved the 1st reading with a vote of 6-0.
The public hearing resulted with no comments from the audience.
City Council Meeting Minutes
February 16, 1993
page five
Aqenda Item ~7-A, Continued
Motion was made to approve Ordinance No. 480-82,
rezoning the property to "SF-1A" as requested.
Motion: Wilhelm
Second: Emerson
Mayor Fickes read the caption of Ordinance No.
Ayes: Wilhelm, Emerson, Franks, Farrier, Fickes
Nays: None
Approved: 5-0 vote
2nd reading,
480-82.
Aqenda Item ~7-B, ZA 93-04, Final Plat of Oakwood Estates
The Final Plat of Oakwood Estates, Phase I, (formally advertised as
the Lakeway Addition), being 11.639 acres situated in the R.D.
Price Survey, Abstract No. 1003-D, Tract 1, and the H.A. Throop
Survey, Abstract No. 1273-D, Tract 1. Owner: F.D.I.C. Steve
Mundt, Vice-President. Applicant: Tim Fleet dba V.L.M.C. Inc.
Mrs. Karen Gandy, noted no additional notices were required to be
sent. On February 4, 1993, the Planning and Zoning Commission
recommended approval with a 5-0 vote, subject to the Plat Review
Summary dated January 29, 1993. The second Plat Review Summary
dated February 11, 1993, was presented. The issue of water service
to the development will be addressed in the Developer's Agreement,
later in this meeting.
Councilmember Wilhelm stated he feels uneasy about a continuation
of Bob Jones Road into the property, in regard to the curve. The
city is, at some point and time, to condemn property in that area.
There are two alternatives: 1) be sure the developer fully
understands the ramifications that he may have to assume, if the
city does not elect to fund it on their own, if he wants to
continue to develop; 2) continue Bob Jones Road more in a straight
fashion and have the access to the larger area into the second
phase, through Tract 8. This would destroy tract 8. He asked for
input from the Developer in regard to the options.
Tim Fleet, dba V.L.M.C., Fort Worth, was present for the meeting
and stated he understands condemnation may be necessary, and that
he would be responsible for covering the cost of that. Where ever
the city would like to have the road, is fine with him.
Motion was made to approve ZA 93-04, Final Plat of Oakwood Estates,
subject to the February 11, 1993, Plat Review Summary.
Motion: Franks
Second: Wilhelm
Ayes: Franks, Wilhelm, Emerson, Farrier, Fickes
Nays: none
Approved: 5-0 vote
City Council Meeting Minutes
February 16, 1993
page six
Agenda Item #7-C, ordinance No. 572, 2nd reading, Uniform Fire Code
The City Manager, Curtis Hawk, noted no changes have been made
since the first reading, in regard to the Adoption of the 1991
Edition of the Uniform Fire Code including Local Amendments; and
amending the 1991 Edition of the Uniform Building Code with Local
Amendments.
Mayor Fickes expressed his concerns in regard to sprinkling a 6,000
square foot existing building.
Councilmember Franks expressed the same concerns, stating he wants
to be sure it is not retroactive with the old construction and new
uses. Franks also stated he feels the ordinance should have an
avenue of appeal, not by changing the ordinance, but an appeal to
staff decision.
Councilmember Emerson stated the City needs to approve an ordinance
based on our ability to fight the fire.
Councilmember Farrier stated the most powerful official in every
city is the Fire Marshal. Our City should not be any different.
The Fire Marshal should have the authority as we are dealing with
peoples lives and he is trained to do that.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 572, adopting the 1991
Edition of the Uniform Fire Code including Local Amendments; and
amending the 1991 Edition of the Uniform Building Code with Local
Amendments.
Motion: Emerson
Second: Wilhelm
Mayor Fickes read the caption of Ordinance No. 572.
Ayes: Emerson, Wilhelm, Farrier, Franks, Fickes
Nays: None
Approved: 5-0 vote
Agenda Item ~7-D, Ordinance No. 580, 2nd reading. Calling Election
Ordinance No. 580, calling a Special Election for may 1, 1993, to
determine whether or not the voters desire to levy a sales and use
tax for the benefit of an Economic Development Corporation for the
purpose of developing public parks, a library, and other projects
permitted by Law, was presented.
City Council Meeting Minutes
February 16, 1993
page seven
Aqenda item ~7-D, Continued
Larry Goldstein, Task Force for Sales and Use Tax, stated the
committee met recently, discussing other items that may be on the
May 1, 1993 Election ballot. The committee decided it would be for
the benefit of the City to place this issue on an August 14, 1993
Election Ballot.
Motion was made to table Ordinance No. 580, 2nd reading,
certain, the first City Council meeting in June, 1993.
Motion: Franks
Second: Wilhelm
Ayes: Franks, Wilhelm, Farrier, Emerson, Fickes
Nays: None
Approved: 5-0 vote
time
Aqenda Item ~8-A, Ordinance No. 480-81, 1st readinq (SA 92-74)
Ordinance No. 480-81, 1st reading, (ZA 92-74) rezoning 6.3725 acres
situated in the R.D. Price Survey, Abstract No. 992-D, Tract 22,
being more commonly known as 4825 T.W.King Road, from "AG"
Agricultural, to "S-P-l" Detailed Site Plan District. Owner:
DalDen Corporation.
Karen Gandy, Zoning Administrator, noted the land use category for
this property is medium density residential. Five (5) notices were
sent to property owners within 200' and to date, one (1) response
has been received, from R. Craig Saunders, M.D., Prospective buyer
of the eighteen (18) acre tract west of Showtime Farms site. This
property is outside of the 200' notification radius. On January 7,
1993, the applicant requested tabling until January 21, 1993. On
January 21, 1993, the Planning and Zoning Commission recommended
approving the request with a 4-2 vote, subject to the Plan Review
Summary dated January 15, 1993, amending items #3 and #8 and
recommending approval of the 100% masonry variance. Staff
recommended adding "and drives" to item #8. The applicant is
asking for the following variances:
1) all bufferyard requirements.
2) one-hundred percent (100%) variance to the masonry
requirements of the "I-l" district which stated that any exterior
walls fronting on any street shall be constructed of 80% masonry
materials or glass.
3) thirty foot (30') front yard requirement along T.W. King and
Bob Jones Road (per the "I-l" requirements).
The second Summary Review Letter and Submittal was presented, dated
January 28, 1993.
Barry Hudson, Consultant with Everage Consultants, was present to
answer questions for Council.
City Council Meeting Minutes
February 16, 1993
page eight
Aqenda Item #8-A, Continued
Gary Reed, Vice-President with DalDen Corporation was also present.
Mr. Reed stated, they have been at the existing location as a
business since 1960. They were annexed into the City in 1988.
They have an Interlocal Agreement with Southlake and Trophy Club
for water and to increase their fire protection.
Reed stated they plan a seven (7) phase expansion of the project on
a year by year basis. Currently, the structure is 28,000 square
feet. The first phase will add a 4,500 square foot expansion of
the warehouse. They have requested a variance to masonry, as they
wish to have all buildings the same. Also, they would like for all
weather surface parking lots and drive ways to be on new
construction only. DalDen would like a variance to the set back
requirements by having a 25' set back rather than a 30' set back.
In regard to bufferyard requirements, they would like for
bufferyards to be deleted in Phases 6 and 7.
Reed also stated, they feel the appropriate bufferyard is Fi rather
than F2. They wish to keep the chain length fence on the west and
request level D bufferyard south of the main entrance, with none on
the south on Bob Jones Road.
Councilmember Wilhelm stated he talked with Mr. Reed about existing
uses, asking, is it possible to have added to zoning, to prevent
future use of hazardous chemicals.
Gary Reed, stated he takes a lot of pride in being a good citizen,
he lives in Southlake and his children attend the Carroll Schools.
Reed added, DalDen is in a low water area and he doubts there will
be much building close to that. They wish to keep their trees. If
the city wants to reduce set back lines, this will reduce parking
spaces and save the trees.
Councilmember Emerson stated he has a problem waiving the
requirements in the masonry ordinance. On other developments, the
city Council has not been that liberal.
City Council Meeting Minutes
February 16, 1993
page nine
Agenda Item ~8-&, Continued
Motion was made to approve Ordinance No. 480-81, 1st reading, (ZA
92-74) subject to the Summary Review Letter dated January 28, 1993,
and subject to the following: there will be no extremely hazardous
chemicals as defined in 29-CFR-1910-119, as amended; no highly
reactive or explosive chemicals or a combination of chemicals to be
processed on the property; grant a total reduction of five (5)
parking spaces in Phase 4 and in Phase 6 along T.W. King Road;
grant 100% masonry variance; grant 25' set back variance; require
bufferyards as follows; South, bufferyard #D without trees canopy
or understory at the time that Phase 4 is constructed; East, #D,
without trees, canopy or understory, at the time that either Phase
6 or 7 is constructed; North, #D without trees, canopy or
understory, at the time Phase 6 or 7 is constructed; West ~D
understory trees only south of the existing main entrance at the
time of Phase 4 construction and North of existing main entrance
at the appropriate time parking lot is constructed; Paving: with
respect to the term "drives" will be new drives, allowing them to
use the existing gravel drives and gravel paving until those areas
are developed, by phases. Adding ~D waiving of canopy trees on the
west side with timing remaining the same.
Motion: Wilhelm
Second: Farrier
Mayor Gary Fickes read the caption of the Ordinance.
Ayes: Wilhelm, Farrier, Franks, Emerson, Fickes
Nays: None
Approved: 5-0 vote
Aqenda Item ~8-B. Z& 92-75, Plat showin~
Plat Showing of Lot 1, R.D. Price Survey No. 992-D Addition, being
6.3725 acres situated in the R.D. Price Survey Abstract No. 992-D,
Tract 22, being more commonly known as 4825 T.W. King Road. Owner:
DalDen Corporation.
Karen Gandy, Zoning Administrator, noted the same five (5) notices
were sent to property owners within 200' and no responses have been
received. On January 7, 1993, the Planning and Zoning Commission
tabled the item at the applicants request. On January 21, 1993,
the Planning and Zoning Commission recommended approval with a 6-0
vote, subject to the Plat Review Summary dated December 31, 1992.
This item was tabled by the city Council on February 2, 1993, at
the request of the applicant, time certain February 16, 1993.
Ms. Gandy presented the 2nd Plat Review Summary darted January 28,
1993.
City Council Meeting Minutes
February 16, 1993
page ten
Aqenda Item ~8-B, Continued
Motion was made to approve ZA 92-05, subject to the second Plat
Review Summary dated January 18, 1993, with the exception of Item
#2, to show a 25' set back line.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson, Farrier, Franks, Fickes
Nays: None
Approved: 5-0 vote
Aqenda Item ~10-A, Variance to Masonry; White Chapel Methodist
Church
The request for variance to the Masonry Ordinance as requested by
White Chapel Methodist Church, was discussed.
Karen Gandy, commented, this property has been platted as Lot 1
Block A, Addition. The church is asking for a variance to the 100%
masonry and would like to build a 12'X15' structure to the rear of
the existing structure. The applicant is Boy Scout Troop #928, who
noted the building will be used for storage of records and camping
equipment.
Robert Poole, 1840 Hunter's Creek, Southlake. Mr. Poole introduced
Matt Morgan, who will make the request on behalf of the troop.
Morgan stated if the building were to be made of brick, the cost
would be approximately $2,000. If built of wood, it would only
cost the troop about $700.00.
Councilmember Emerson moved to approve the request for variance to
masonry ordinance due to the fact that: 1) the building is
sheltered by the front building; 2) this building would be
conforming to other buildings on the property; 3) there is the
possibility of the building being moved in the future.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, Franks, Wilhelm, Fickes
Nays: None
Approved: 5-0 vote
Council adjourned for recess at 9:25 p.m.
Council returned to open session at 9:35 p.m.
Aqenda Item #8-C, Ordinance No. 480-83, 1st readinq. Thompson
Ordinance No. 480-83, 1st reading (ZA 93-01) is a zoning request
for 3.0 acres situated in the A. Robinson Survey, Abstract No.
l131-D, Tract 6 from "AG" Agricultural to "SF-1A" Single Family-iA
Residential. Owner: Maryon Richman. Applicant: Sonia Thompson.
City Council Meeting Minutes
February 16, 1993
page eleven
Agenda Item ~8-c, Continued
Zoning Administrator, Karen Gandy, stated it is staff's
understanding that there is a boundary dispute on this property.
The City should take no position on the resolution of this dispute.
The only action we should take is in regard to the adequacy of the
surveyor's plat as submitted. Any further determination will be
via the appropriate civil court. Thirteen (13) notices were sent
to property owners within 200' and to date, three (3) responses
have been received. Carl J. Smith and Eugene M. Weston, both in
favor of the request. Phillip and Gail Elkins expressed opposition
to the request, stating the survey does not correspond with two
previous surveys.
Councilmember Wilhelm expressed concerns with the possibility that
this property could be divided into two (2) tracts of land. He
asked for some kind of assurance that this is not the case.
Sonia Thompson, 3100 Story Lane, Bedford, stated she is buying this
property so that she can build her own home, adding, she has no
intention of subdividing this property into two lots, or selling
off any portion of the property.
Mayor Fickes stated the City has some real problems with property
having long narrow drive ways, and at this time, the City does not
allow this type drive way. The City has road requirements where if
the property were divided, the drive way would have to be paved.
Mr. Thompson asked Council to provide some details about the long
drive ways to the north of the property in question.
Councilmember Wilhelm stated the property to the north was annexed
into the City with the long drive ways in place, the city does not
allow property to be divided in that way.
Fickes noted this type configuration created a lot of problems,
with addressing, fire protection, etc.
Motion was made to approve Ordinance NO. 480-83, 1st reading,
commenting, based on the memorandum in the packets, that their is
a boundary dispute, it is not the concern of the City and it would
have to be settled somewhere else.
Motion: Emerson
Second: Farrier
Mayor Gary Fickes read the caption of Ordinance No. 480-83.
Ayes: Emerson, Farrier, Franks, Wilhelm, Fickes
Nays: None
Approved: 5-0 vote
City Council Meeting Minutes
February 16, 1993
page twelve
Aqenda Item ~8-D, ZA 93-02, Plat Showinq, Sonia Thompson
ZA 93-02 is a Plat Showing of Lot 2, A. Robinson No. l131-D
Addition, being 3.0 acres situated in the A. Robinson Survey,
Abstract No. l131-D, Tract 6. Owner: Maryon Richman. Applicant:
Sonia Thompson.
Karen Gandy, Zoning Administrator noted it is staff's understanding
that there is a boundary dispute on this property. The City should
take the position on the resolution of this dispute, that the only
action we should take is in regard to the adequacy of the
surveyor's plat as submitted. Any further determination will be via
the appropriate civil court.
The same thirteen (13) notices were sent to property owners within
200' and no responses have been received. The second Plat Review
Summary dated February 11, 1993 is in the packets.
Councilmember Wilhelm commented there is a dedication and also a
statement of the owner of the property, and he stated he
understands that their is a boundary dispute between the property
owners, concerning the ownership of a portion of ground on the
northerly side. He asked the applicant if they claim that
particular parcel of land by a color of title or a deed. If there
is not, he feels uncomfortable with voting on this plat.
Mrs. Thompson stated at this moment she does not own the land.
Whenever she becomes the owner she will come forward with whatever
she needs to do. The current owner has a deed at this time.
Motion was made to approve the Plat Showing of ZA 93-02, subject to
the review letter dated February 12, 1993.
Motion: Farrier
Second: Franks
Ayes: Farrier, Franks, Emerson, Wilhelm, Fickes
Nays: None
Approved: 5-0 vote
Mayor Pro Tem Wilhelm asked the record to reflect that
Council did receive information that the plat owner does
hold a deed which will be transferred to Sonia Thompson
upon the closing.
Aqenda Item ~8-E, ZA 93-03, Plat Revision of Wilkinson Addition
ZA 93-03, is a Plat of the Wilkinson Addition, being a single lot
addition and being revised to Lots 1 & 2, Latrobe Addition. Owner:
Terry Wilkinson.
City Council Meeting Minutes
February 16, 1993
page thirteen
Aqenda Item ~8-E, Continued
Karen Gandy, Zoning Administrator, stated the applicant previously
submitted and had approved a similar plat revision showing three
(3) lots and renaming the property the Labrobe Addition, however,
this plat has not been filed of record in Tarrant County per the
applicant's request. On February 4, 1993, the Planning and Zoning
Commission recommended approval with a 5-0 vote, subject to the
Plat Review Summary dated January 29, 1993.
The Second Plat Review Summary dated February 11, 1993 was
presented.
Terry Wilkinson was present to answer questions for Council.
Motion was made to approve ZA 93-03, subject to the February 11,
1993 Revised Plat Review Summary.
Motion: Franks
Second: Emerson
Ayes: Franks, Emerson, Farrier, Wilhelm, Fickes
Nays: None
Approved: 5-0 vote
Aqenda Item ~8-F, ZA 93-05, Plat Revision, Stone Lakes
ZA 93-05, Plat Revision of Lot32, Block 7, Stone Lakes, Phase I
and 0.3004 acres of a larger 160.073 acre tract situated in the R.
Paden Survey, Abstract No. 1255 and being revised to Lot 32E, Block
7, Stone Lakes, Phase I. Owner: Southlake Properties, Joint
Venture.
The Zoning Administrator commented, on February 4, 1993, the
Planning and Zoning Commission approved this plat with a 5-0 vote,
subject to the Plat Review Summary dated January 29, 1993, deleting
Item #4. In the January 29, 1993, letter, the setback along
Cambridge Crossing should be 30' in accordance with the subdivision
ordinance and to match the corresponding setback of Lot 33, Block
7 of the proposed amended preliminary plat. The Planning and
Zoning commission recommended that Item #4 be deleted and to allow
the twenty (20') foot side yard adjacent to Cambridge Crossing as
shown on the exhibit and as permitted in Stone Lake's "R-P-U-D"
development regulations. The second Plat Review Summary dated
February 11, 1993, is in the packet.
City Council Meeting Minutes
February 16, 1993
page fourteen
Aqenda Item ~8-F, Continued
Motion was made to approve the Plat Revision of Lot 32, Block 7,
Stone Lakes, Phase I, subject to the second Plat Review Summary
dated February 11, 1993.
Motion: Emerson
Second: Franks
Ayes: Emerson, Franks, Farrier, Wilhelm, Fickes
Nays: None
Approved: 5-0 vote
Aqenda Item #8-G. SA 93-06, Revised Preliminary Plat of Stone
Lakes. Phase I and II.
ZA 93-06, is a Revised Preliminary Plat of Stone Lakes, Phases I
and II, being legally described as 160.073 acres situated in the R.
Paden Survey, Abstract No. 1255 and the J.T. Bailey Survey,
Abstract No. 97. Owner: Southlake Properties Joint Venture.
The Zoning Administrator noted fifty-six (56) notices were sent to
property owners. Mrs. Gandy received two (2) responses, including:
Laura Owen for MD. Maynard II, 819 W. Southlake Blvd. No opinion
given. Elizabeth M. Dickson, 300 Timber Lake Drive, opposed if the
plat is to permit houses to be built between Timber Lake Drive in
Timber Lake Estates and the pond, as they do not want direct rear
neighbors.
The issues of Zoning and Development regulations have been
addressed previously with the concept plan and development site
plan approvals. No changes to the development regulations are
proposed with this revised plat. The purpose of this submittal is
to extend the greenbelt area on the East to a proposed tennis
center and to realign a street to save trees in the southwest
corner of the development.
Daryl Benkendorfer described the minor changes; saving existing
trees and realignment of roads.
Councilmember Wilhelm expressed concerns with lots becoming too
small..
Motion was made to approve ZA 93-06, subject to the February 12,
1993, second Plat Review Summary dated February 11, 1993.
Motion: Farrier
Second: Emerson
Ayes: Farrier, Emerson, Franks, Fickes
Nays: Wilhelm
Approved: 4-1 vote
City Council Meeting Minutes
February 16, 1993
page fifteen
Aqenda Xtem #lO-B, Oakwood Estates, Developer Aareement
The city Manager explained the summary of costs for the water line
extension that the cost for the extension to Oakwood Estates is
$72,000. This does not take into account the oversizing, fire
hydrants, etc. The Developer has agreed to pay a total of $45,000
of the estimated cost (62.5%). Of this, $35,000 will be up front
costs, with an additional $10,000 payable at the beginning of Phase
II construction. Developer will also pay an additional $18,000 for
the approximate 1,483 feet of water line along his property
frontage, which other residences will be able to connect to at some
point. Developer will pay $4,000 Park Dedication fee and
$14,009.75 perimeter street fee.
Curtis Hawk commented in regard to a correction in the developer
agreement on Page 10, b-5, On- Site Water, adding, the developer
does understand that the water will not be there until the water
line is installed. There is no sanitary sewer system in that area.
Motion was made to approve the Development Agreement for Oakwood
Estates dated February 11, 1993, with the following conditions:
1)
2)
3)
Motion:
Second:
Ayes:
Nays:
Approved:
delete the last sentenance of Section II,a.
delete in entirety, paragraph 2d.
in paragraph 4b, next to the last sentence, there are
eight (8) lots to be developed in Phase I of Oakwood
Estates, which would amount to $4,000 Park Fees. In
Section IV-a, approval is subject to additional verbiage
added to secure payment of $10,000, prior to construction
of Phase II.
Wilhelm
Emerson
Wilhelm, Emerson, Farrier, Franks, Fickes
None
5-0 vote
Agenda Item ~10-c, SouthView Estates, Developer Agreement
Curtis Hawk stated there are no significant issues in the Developer
Agreement for SouthView Estates. The Developer will pay full park
fees amounting to $12,000 and perimeter street fees of $4,767, plus
$22,096 to City for sewer reimbursement.
City Council Meeting Minutes
February 16, 1993
page sixteen
Aqenda Item ~10-C, Continued
Motion was made to approve the Developer Agreement for SouthView
Estates modifying the agreement in paragraph b, changing 10% to
read 25%
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson, Franks, Farrier, Fickes
Nays: None
Approved: 5-0 vote
Aqenda Item ~12, &djournment
Motion was made to adjourn the meeting at 11;00 p.m.
Motion: Emerson
Second: Wilhelm
Ayes: Emerson, Wilhelm, Franks, Farrier, Fickes
Nays: None
Approved: 5-0 vote
ATTEST:
~aHdP~' L. 'Le'Grand
city Secretary
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