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1989-09-12 CITY OF SOUTHLAKE 667 N. Carroll Avenue SPECIAL CITY COUNCIL MEETING September 12, 1989 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Springer. Members: Pamela Muller, Sally Hall Ralph Evans arrived at 8:30. Mayor Pro Betty and Rick wilhelm. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Mike Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; E. Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary. The meeting was called to order by Mayor Gary Fickes at 7:35 p.m. A~enda Item ~2. Discussion: Proposed Zonin~ Ordinance No. 480- With Map Mayor Fickes announced that the discussed first, and then the follows: Page 6-1 Page 7-3 Page 18-1 Page 35-9 Page 21-1 Page 24-6 proposed zoning ordinance would be zoning map. The discussion was as Section 6.2 delete "f" on page 6-4 if council would like for non-conforming tenants to not change. Section 7.5 if we get private streets, the city will need a private street ordinance. Section 18.2 Permitted uses. Clarify this section so that there will be no problem. The city attorney feels that it is covered. Section on green belt to the right of street discussed. Section 21.2 (8) Discussed Section 24.6 "f" Discussed Discussion held in regards to Office-1 page 21-1 Page 22-3 Page 28-2 Page 30-2 Page 30-8 being added to cumulative Section 21.2 (1) remove 0-2 Section 22.5 (a) change to 3 stories or 40 foot. Section 28.6 Agreed to have at least concept plan at the time of zoning. Section 30.5 The city map does not approve overall Pud but cannot disapprove because of the density. Section 30.11 Should it be 10% of overall or 10% of residential. Leave it like it is. Special City Council Meeting September 12, 1989 page two Page 34-1 Section 3.4 (1) add word "lot" to single family. Page 34-3 "n" add B-1 Page 34-4 Add B-1 to O. and 5. Page 38-2 Section 38.4 Delete I-1 Page 45-1 Section 45.1 (1) add 0-2 Page 29-1 Section 29.2 (3) Public Comments on Proposed Ordinance No. 480 Joe Potthoff- 6511 Ryan Plaza Drive, Arlington Mr. Potthoff stated he is representing several property owners in Woodland Heights Addition. He referenced Section 41, Concept Plan. The B-1 District would create a problem with compatible uses. This would be in question until the concept plan or prior to the development plan. In a city initiated case, their is an exception, as they will not have a concept plan. Bob Miron- Miron Addition He had a question in reference to C-3 on Page 24.1 and 24.5. Jim Rau- 3100 Hwy 26 West. He is with Conoco and they have a concern involving a specific use which was I-3, then changed to I-2 and now a non conforming use. Now their use is Special Exception with provision in the I-2 use. DISCUSSION- ZONING MAP John Mayfield- Hart Industrial Park He is concerned with the change on the map showing the Hart Industrial Park as I-1 from I-2. They have a contract pending but it has outside storage as part of the project. They have been marketing the property with outside storage. He would rather not have a non conforming use. Is there a way to avoid coming to the city council for each request for outside storage. Mayor Fickes told him that he did not think they would have a problem, however, they did have to come in and apply and they would have to screen the property with outside storage on it. Jim Burger- (woodland Heights) Passed Special City Council Minutes September 12, 1989 page three Agenda Item #2 Continued Jim Rau- 3100 Hwy 26 West He checked the ordinance and found I-1 with Special Exception Use for his use on Conoco. Why not call it like it is, they are a I-2 user. The Mayor stated the city does not intend to hamper their operation but the city has performance criteria that they want to be sure is met. Rodney Smith- 9702 Brockbank, Dallas. He is with Diamond Shamrock. They have the same questions as Conoco. They are constantly growing, do they have to come in to the city everytime they want to change. They feel the current council is with them but they are concerned about the future councils. Diamond Shamrock has 20 acres and are currently using 10 acres. Linda Parker- not present Henry Frost- 1675 South Brumlow. He is concerned with the current ordinance in regards to fuel storage/distribution. He feels the 10 acres was placed in the ordinance to keep them out. Vibra Whirl desires to operate in a safe manner. Mayro Pro Tem Springer stated that no one on the Council is trying to pick on any single business or entity within the city. Council is trying to draft a very complicated new zoning ordinance that will provide for the health, safety and welfare of the entire city. We recognize that their will be a certain amount of unique cases, and there will be problems. That is what the Zoning Board of Adjustments is for. Mayor Fickes stated because of the type of operation, the council would like to put the use on as large a property as possible. Frost asked what procedure should they take to pursue operating in the city. He was told to apply to the Southlake Zoning Board of Adjustments. Vibra Whirl is less than 3 acres. They want to work with the city and are trying hard to find a way. Joe Potthoff-611 Ryan Plaza Drive, Arlington He is representing 11 out of 31 residents in Woodland Heights Addition. He addressed the Farrar tract and the Ragan tracts. He stated that B-1 Zoning is a step in the right direction, but more work is needed on the buffer. Jim Martin- 768 Bandit Trail, Colleyville He wants certain uses and they are not currently in C-3, which was placed on his property. He wants the uses that are now in the B-2 catagory, the ones that he originally had before reclassification. Special City Council Meeting September 12, 1989 page four Agenda Item #2 Continued Theron Ragan- 1512 Rainbow Street His request is that he still wants to operate his nursery, which has been there since 1972. He likes change but he wants to be left alone. He sales out of the whole 20 acre of land. When polled, the city council agreed to amend the B-1 Zoning District to allow for nurseries. Bob Miron- He is asking Heights. for B-1 for the Miron Addition, west of woodland Billy Farrar- 600 W. Park Row, Arlington She won't agree to B-1 but she agreed to get with Mike Barnes and Eddie Cheatham before the meeting in regards to aligning the east west road with Crooked Lane. Donna Halley- 220 Westwood Drive She is happy with the Ragans and the nursery. She understood it would be PUD, in case of another use coming in. She is concernd about the future uses. Councilmember Muller stated, Council failed to zone the four tracts north of the mobile home park on East Continental. It has Industrial uses on it. Council felt it should be I-1. Muller also feels that the Grapevine Extraterritorial Jurisdiction should be labeled on the map. The zoning map is to reflect the following: Matise- B-! Botik- B-1 Dallas Foam- B-1 Gorbett- C-2 (on Miron portion of the Gorbett addn.) Miron- C-2 Jim Martin- the Council is to be thinking in regards to his request. Mrs. M. Swift was present and addressed the city council. She had several questions in regards to the current litigation and the settlement. The city attorney advised the council not to discuss this matter with her as the city is still in litigation. Special City Council Minutes September 12, 1989 page five A~enda Item #3. Executive Session Mayor Fickes announced that the City executive session pursuant to the 6252-17, Section 2(e) and 2(g). litigations. Council will be going into Open Meetings Law, Article Refer to posted list of Council convened into executive session at 12:05 A.M. Council reconvened into Open Session at 12:50 a.m. A~enda Item #4. Action Necessary No action was taken on this item as a result of the executive session. A~enda Item #5. Resolution 89-51 Deputy Mayor Pro Tem No action was taken on this item as a result of the executive session. A~enda Item #6. Resolution 89-52 Appt. Acting City Secretary No action was taken on this item as a result of the executive session. A~enda Item #7. Adjournment Motion was made and approval given to adjourn the meeting. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Wilhelm and Evans Nays: None Approved: 5-0 vote Mayor of A~ES~: . ~ .,,-"f~ '~..':. ~ ~ · ~ *~'"-,,. Sandra L. LeGrand City Secretary