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1989-11-21 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING November 21, 1989 7:30 p.m. CITY COUNCIL PRESENT: Mayor Gary Fickes; Mayor Pro Tem, Betty Springer. Members: Rick Wilhelm, Ralph Evans and Pamela Muller. ABSENT: Councilmember Sally Hall. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; R.P. Steele, Fire Chief; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; E. Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans. A work session was held beginning at 6:30 p.m. in order for City Council to discuss the items on tonight's meeting agenda. Mayor Fickes called the meeting to order at 7:30 p.m. A~enda Item #2 Approval of Minutes The minutes of the November 7, 1989, approved as corrected. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Evans, Springer Nays: None Approved: 4-0 vote. City Council meeting were A~enda Item 93 Ma~or's Report Mayor Fickes announced that he met with Mayor Chris Hawkins of City of Colleyville to discuss sewer facilities between the two cities. The City Manager, Curtis Hawk, noted that on November 15, a Special Session was held for the purpose of discussion of the new proposed subdivision control ordinance. The reason the item is not on tonight's agenda is because of the all ready crowded schedule. A~enda Item ~4. Cit~ Manager's Report Curtis Hawk announced that the Department Reports are in the packets. If their are any questions, the Department Heads are present to expand on them. Hawk also noted that City Hall will be closed on Thursday and Friday of this week, for the Thanksgiving Holidays. City Council Minutes November 21, 1989 page two A~enda Item #5,6,7 Consent A~enda The consent agenda items were considered as follows: Resolution 89-65, authorizing the Mayor to enter into an Interlocal Agreement with City of Bedford for an Arson Task Force. 6. Resolution 89-66, in support of the quality of life for City of Grapevine with respect to DFW Airport. 7. Resolution 89-67, authorizing participation in Texas Surplus Property Program. Motion was made to approve the consent shown above. Motion: Springer Second: Muller Ayes: Springer, Muller, Evans, wilhelm Nays: None Approved: 4-0 vote agenda, items 6,7,8, as A~enda Item 98 Public Forum The public forum resulted with no comments from the audience. A~enda Item %9 Ordinance No. 491, 2nd reading. TRA A~reement Wayne Hunter, Manager of Development for the Trinity River Authority (TRA), was present and briefly outlined the Interim Diversion Agreement and the Financial Contract for the Council. He stated that both agreements have been considered by the twenty (20) city, Central Regional Wastewater System Advisory Committee and the five (5) city, Denton Creek Regional Wastewater System Advisory Committee. Councilmember Wilhelm stated he is excited about this as it will open up a whole new area of Southlake to development and quality commercial. The public hearing resulted with no comments. City Council Minutes November 21, 1989 page three Agenda Item 99 Continued Motion was made to approve Ordinance No. 491, Motion: Muller Second: Evans Ayes: Muller, Evans, Wilhelm, Springer Nays: None 2nd reading. Mayor Fickes read the caption of Ordinance No. 491. Approved: 4-0 vote. Agenda Item #11 Ordinance No. 480-03, 1st reading Ordinance No. 480-03, 1st reading (ZA 89-52). A zoning request for a 0.499 acre tract of land out of the Oak Knoll-Lake View Addition, Block E, Lot 20. Owner: Keystone Partners. Motion was made to table this item, time the request of the owner/applicant. Motion: Springer Second: Muller Ayes: Springer, Muller, Evans, Wilhelm. Nays: None Approved: 4-0 vote (to table) certain, December 5, at Agenda Item #10, Ordinance No. 489, 2nd reading Speed Limits Ordinance No. 489, altering the prima facie speed limits established for vehicles on certain streets and highways within the corporate limits of Southlake was discussed. No comments were received during the public hearing. Motion was made to approve written. Motion: Evans Second: Wilhelm Ayes: Evans, Wilhelm Nays: Springer, Muller Ordinance No. 489, 2nd reading, as Mayor Fickes read the caption of the ordinance. Mayor Fickes voted in favor of the motion as a tie vote was cast. Approved: 3-2 vote. Councilmember Muller expressed that her vote against the ordinance was because of school children who may cross Highway 114, and because of the fast traffic. City Council Minutes November 21, 1989 page four Agenda Item #12, Ordinance No. 480-04, 1st reading. (ZA 89-53) Zoning request for a 27.81 acre tract of land out of the J.N. Gibson Survey, Abstract No. 591, being more commonly known as Lot 1, Brumlow Industrial District. Current zoning is Industrial-l, with a request for Industrial-2 zoning district. Karen Gandy, zoning administrator, made a presentation stating that eleven letters were sent to property owners within 200' and she received no opposition. The Planning and Zoning Commission recommended approval of the request during their November 9, 1989, regular meeting, by a vote of 6-0 The public hearing resulted with no comments. Councilmember wilhelm noted for the record that the minimum size acreage for Petroleum Use in Industrial-2 Zoning District is ten (10) acres. Rodney Reece, Operation Superintendent for Diamond Shamrock was present to answer questions for the Council. He stated they have made application to the Board of Adjustments for their Special Exception. They have no planned expansion at this time, however, during 1990, they would like to add one tank and more foam fire protection equipment. Motion was made to approve the request for Ordinance No. 480-04, 1st reading. Motion: wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Muller Nays: None Industrial-2 zoning, in Mayor Fickes read the caption of the ordinance. Approved: 4-0 vote. Agenda Item #13, Ordinance No. 480-05, 1st reading (ZA 89-58). Ordinance No. 480-05, 1st reading consists of a zoning request for a 8.23 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, being the eastern portion of Tracts 5 and 5A. Current zoning is Agricultural, request is for the Office-1 Zoning District. City Council Minutes November 21, 1989 page five Agenda Item 913 Continued Mrs. Karen Gandy, Zoning Administrator made a presentation, stating the owner, T.J. McHale, is not present, however, he is represented by Scott Dyer, of Levitt Engineers. Gandy noted that all property owners in the area requested that the height of the proposed buildings be limited to one story. During the P&Z meeting held on November 9, 1989, recommendation was made to approve the request. Scott Dyer noted that the requested Office-1 Zoning District, is very compatible to Lake Wood Acres. The future width of Carroll Avenue was discussed, as well as the zoning around the city hall area. The public hearing resulted with no comments. Motion was made to approve Motion: wilhelm Second: Springer Ayes: wilhelm, Springer, Nays: None the 1st reading of Ordinance No. 480-05. Evans and Muller The caption of the ordinance was read by Mayor Fickes. Approved: 4-0 vote. ~genda Item #14, Ordinance No. 480-06, 1st reading. (ZA 89-59) A zoning request for a 32.72 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, being the western portion of Tracts 5 and 5A was discussed. The request is for Single Family lA Residential zoning district. Owner: T.J. McHale. The zoning administrator noted that sixteen (16) letters were sent to property owners within 200' and she received three (3) responses, in favor of the request. The public hearing resulted with no comments. Motion was made to approve Ordinance No. Motion: Muller Second: Wilhelm Ayes: Muller, Wilhelm, Springer Evans Nays: None 480-06, 1st reading. Mayor Fickes read the caption of the ordinance. Approved: 4-0 vote. City Council Minutes November 21, 1989 page seven Agenda Item #20 Continued Karen Gandy, Zoning Administrator, noted that on November 9, the Planning and Zoning Commission recommended approval of the final plat, subject, to item #10 on the Cheatham review letter of October 21, being omitted. At the request for Mayor Fickes, Eddie Cheatham addressed the comments in his November 17, 1989 review letter in regards to 76 lots having a single access to one entrance. Sean Randall, Southwind Partners, L.P. noted that it would be September, 1990 before homes in Phase II are completed. He stated that on Phase II, they would pay for pumping of sewer through November 30, 1990. Motion was made to approve ZA 89-57, final plat of SouthRidge Lakes, Phase II, provided that Items ~3 and #4 of the November 17, 1989 Cheatham review letter are met, and granting a variance to Lots 49, 50, 51, 52, 53, Block 1, with respect to Ordinance No. 443. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer Nays: Muller Approved: 4-0 vote. Councilmember Pamela Muller stated she has seen too many delays with the TRA sewer, and she is not comfortable with approving this final plat, however, if the developer wants to absorb the costs for pumping, she has no problems with this. Agenda Item #16, Ordinance No. 480-07, 1st reading (ZA 89-61) A zoning request and development concept plan for a 242.4624 acre tract of land out of the John T. Bailey Survey, Abstract No. 97, Tract lA; P.J. Hyde Survey, Abstract No. 667, Tracts 1, lA, 2, 3 and James Thornhill Survey, Abstract No. 1505, Tract 1F. Current zoning is Agricultural, request is for the Planned Unit Development (PUD) for Residential use. A presentation was made by Karen Gandy, Zoning Administrator, who stated they are proposing 460 lots maximum. On November 9, the P&Z recommended approval with a 6-1 vote, omitting the Peytonville extension. Craig Curry, Nelson Corporation, was present and showed a slide presentation to the City Council and audience as well. He stated that the over all density for the project is proposed to be 1.9 units per acre, with 460 lots maximum. City Council Minutes November 21, 1989 page eight A~enda Item #16 Continued Mr. Curry went on to say that they propose placing a "hard edge" on each of the lakes shown on the plat, and that their major entrance will be at FM 1709. In regards to Peytonville Avenue extension, they are only showing it on the plat because the City of Southlake has it on their thoroughfare plan. It is not necessary to their development and not anything they will need. Public Hearing: william W. Bell- 1200 West Continental Blvd. He is representing his neighbors and read several letters into the record, including: 1) a letter from himself, stating he is in favor of the zoning change under certain conditions, 2) James T. Bradley, 1202 W. Continental Blvd., conditionally in favor of the zoning change, 3) Kurt D. Miller, 1196 W. Continental Blvd., opposed to the zoning requested. The letters are incorporated into the body of the minutes. Some of the concerns include: Small lots abutting the larger acreage in the area, fencing, sewer, small lots do not preserve the rural area, flooding, traffic, and, Peytonville Ave. extension, to name a few . Councilmember Ralph Evans expressed concern about the "hard edge" on ponds and tanks. They would be 3 to 4 feet deep at the edge, who provides insurance to cover kids who would drown in the ponds and tanks? Mr. Curry replied that the Homeowners Association will be responsible to furnish the insurance. They are trying to preserve the natural areas, and if they are forced to build on one acre lots, it will change their plan. Curry also noted that the parks, lakes, etc. will be available to the developed area only, they are not public areas. Mayor Fickes asked the developer if they had met with school officials in regards to school sites being set aside. Curry commented that they had met with school officials and were told that there was not a need for a school site in their area. Fickes stated that he was told the School Board did not want to shut the door to that need. Mr. Curry stated what they are giving the city is a very creative type development and they are working toward preserving the natural trees, landscaping, etc. City Council Minutes November 21, 1989 page nine Agenda Item #16 Continued Councilmember Evans stated the developers are "takers" with this development. They are not giving City Council any incentive to grant the Planned Unit Development request. Councilmember Wilhelm stated he is concerned with the PUD request. What is unique about this plan, that City Council should note on the PUD v. R-20 zoning. Curry answered, all the green areas are not all flood plain, they are trying to develop where all lots are outside flood plain and the flood way. They feel they have more amenities than any other area. The treatment on FM 1709 is going to be very detailed. They feel their plan is a very creative one. Each phase is a looped system and all cur-de-sac streets are very short. Mayor Fickes noted once again, that PUD is only for very unique properties. He sees it as you take a property and do something unique with it. He is more concerned with quality and density rather than lot sizes. Mr. Curry explained that the development will have a mandatory homeowners association. Timing of the development is an issue of sewer. They have been working closely with city staff on this. They are anticipating not using the sewer line until it is ready. They are not talking of pumping or of sewer plants. Their development schedule is also for October, 1990. They are working with the city on a sewer easement through their property. Also, they are aware of the perimeter street ordinance, impact fees, and, park land ordinance. Mayor Fickes noted that the city will not let them start homes until everything is in place. It may be February or March before the city will have a feel. Fickes asked the developers to consider larger lots in the southwest corner next to the existing larger acreage areas. Mr. Wilhelm commented that a PUD is nice, but they should consider the neighbors around them. While an acre is not required, they should provide a lot larger than they have planned. The developers need to think of this before they are ready for Phase III approvals. Mr. Curry stated they would work with property owners to the southern portion of the property. City Council Minutes November 21, 1989 page ten A~enda Item %16 Continued Councilmember Pamela Muller commented that she needs to see what the developers are giving to the city. She made a promise to the citizens that elected her that if small lots were given, they would be given in return for something advantageous to the city. Mayor Pro Tem Betty Springer stated she feels this land does lend itself to a PUD because they have taken the best parts of the land, the tree portion, and made them into areas that are not within the confines of the lot lines and are available to all the property owners. Where Arvida is a quality addition, not all of the land is open to all of the communities use. Motion was made to approve Ordinance No. 480-07, 1st reading, omitting the Peytonville extension to the south. Motion: Springer Second: Wilhelm (noting that the concept plan does not have lot lines) Ayes: Springer, wilhelm Nays: Evans and Muller Mayor Fickes read the caption of the ordinance. Mayor Fickes voted in favor of the motion as a tie vote was cast. Approved: 3-2 vote. A~enda Item %17 and %18 Dev. Site Plan and Pre. Plat for Timber Lakes, Phase I. Karen Gandy, Zoning Administrator, made a presentation on the development site plan and the preliminary plat for Timber Lakes, Phase I. An 85.12 acre tract of land out of the John T. Bailey Survey, Abstract No. 97, and P.J. Hyde Survey, Abstract No. 667. Owner: Southlake Joint Venture, Inc. Couneilmember Wilhelm expressed concern in regards to the density in Phase I, being proposed for 1.90 units per acre. He is concerned about the over all lot sizes in the interior of the phase. He stated that he would like more specific data on the wall which is to run along FM 1709. Also the buffer along FM1709 is a concern. Councilmember Evans expressed concern about the size of the lots, with some being 12,000 square foot." This is awfully small," he added. City Council Minutes November 21, 1989 page six Agenda Item #15, ZA 89-60 Pre Plat of South View The preliminary plat of South View, a 40.948 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, Tracts 5 and 5A, was presented. Applicant: Flowers/Meredith. Owner: T.J. McHale. The presentation was made by Karen Gandy, Zoning Administrator. Scott Dyer, Levitt Engineers, was present to answer questions for the council. He stated that the office site will be developed at a later time, when the need arises. Motion was made to approve the preliminary plat of South View, subject to the requirements in the Cheatham review letter of November 17, 1989 being met. Motion: wilhelm Second: Evans Ayes: wilhelm, Evans, Springer, Muller Nays: None Approved: 4-0 vote. Agenda Item # 19, Pre Plat of Hershaw Estates The preliminary plat of Hershaw Estates, a 5.459 acre out of the Francis Throop Survey, Abstract No. 1511, 3A1E2A, and 3A1E2A1, was discussed. tract of land tracts 3ALE2, Karen Gandy made a presentation, noting the property is located on the east side of Sunshine Lane. Twelve property owners were notified with no responses received. It was established that the items in the Cheatham review letters of November 17 and October 23, have been met. Motion was made to approve the preliminary plat of Hershaw Estates. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Wilhelm. Nays: None Approved: 4-0 vote. Agenda Item #20, ZA 89-57, Final Plat of SouthRid~e Lakes, Phase II The final plat of Phase II of SouthRidge Lakes, consisting of 7.072 and 36.740 acres of land out of the L.G. Hall Survey, Abstract No. 686, and the A.A. Freeman Survey, Abstract No. 522, was reviewed by council. City Council Minutes November 21, 1989 page eleven Agenda Item 917 and #18 Continued Mayor Fickes stated some of the other areas of concern included: 1) fencing, what will it be made of. 2) the two lots up front, a problem. 3) over all lot sizes. 4) 25' building line on the lots is a problem. After further discussion, motion was made to table 918, time certain, December 5, city council meeting. Motion: Muller Second: Wilhelm Ayes: Muller, wilhelm, Springer, Evans Nays: None Approved: 4-0 vote (to table). items ~17 and Agenda Item ~21 Engineerin~ Contract for En~ineerin~ and Plannin~ City Manager, Curtis Hawk explained to the City Council that before an engineering contract for Planning and Engineering, to help the city comply with Senate Bill 336 is finalized, a study is needed that will help the city determine how it is going to pay for it's water and sewer improvements in an effort to comply. He presented a contract from Rimrock Consulting Company which included the following: 1) scope of services 2) coordination of the advisory committee 3) development of impact fees 4) proposed time scheduling of study 5) cost of the study by components The contract is incorporated into the minutes of this meeting. City Attorney, Allen Taylor answered when asked what the advisory committee is for," the Advisory Committee is to act as a cross check of the numbers, in regards to our community. To make sure the math makes sense to the people in the community. The committee must recommend the fees, not the city council. This is the group %ha% will go out into the community and help sell the idea. City Council Minutes November 21, 1989 page twelve Agenda Item 921 Continued The City Manager explained that $43,721. will be paid for out of accounts. However, the city will funds over a period of time. the contract in the amount of special services in a couple of be able to recover most of the Motion was made to enter into the contract planning services. Motion: Muller Second: Wilhelm Ayes: Muller, Wilhelm, Springer, Evans Nays: None Approved: 4-0 vote for engineering and Agenda Item #22 Executive Session Mayor Fickes announced that the City Council would be executive session pursuant to V.T.A.S. Article 6252-17 , (e), and 2(f). Refer to posted list of litigations. going into Section 2, Council adjourned into executive session at 12:50 a.m. Council returned to open session at 12:55 a.m. Agenda Item #23, ~24, #25 No action was taken on agenda items #23, #24, #25, as a result of the executive session. Agenda Item 926 Adjournment The meeting was adjourned by Mayor Gary~__/~~ ATTEST: