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Item 6E
CITY OF S0UTHLA1<,.,E Department of Planning & Development Services STAFF REPORT August 28, 2013 CASE NO: ZA13-012 PROJECT: Preliminary Plat for the Southlake Town Square Garden District and Brownstones Phase C *1xd1jI1V/9 SUMMARY: Cooper & Stebbins is requesting approval of a Preliminary Plat for Southlake Town Square Garden District and Brownstones Phase C on property described as Lot 24R and Lots 25-35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and Tract 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, and generally located along Park Ridge Blvd. and east of Central Ave., Southlake, Texas. The current zoning is "DT" Downtown District. SPIN Neighborhood #8. REQUEST DETAILS: The applicant is requesting approval of a Preliminary Plat for Southlake Town Square Garden District and Brownstones Phase C to develop 60 Garden District residential units and 33 Brownstones. Please see the staff report for the associated Concept Plan (ZA13-011) for additional information. ACTION NEEDED: 1) Consider approval of a Preliminary Plat ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to Presentation (D) SPIN Reports: February 11, 2013 and June 10, 2013 (E) Plat Review Summary No. 5, dated August 28, 2013 (F) Surrounding Property Owners Map and Responses (G) Full Size Plans (for Commission and Council Members Only) �11 rill ;1; 99181ki11r_«61111111111111111:ca11:R1zaI Richard Schell (817)748-8067 (817)748-8602 Case No. ZA13-012 Attachment A Page 1 BACKGROUND INFORMATION OWNER: Brownstones at Town Square, LP APPLICANT: Cooper & Stebbins PROPERTY SITUATION: Generally located along Park Ridge Blvd. and east of Central Ave LEGAL DESCRIPTION: Lot 24R and Lots 25-35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and Tract 2A5E, Richard Eads Survey, Abstract No. 481 LAND USE CATEGORY: Town Center CURRENT ZONING: "DT" Downtown District HISTORY: Key approvals associated with Southlake Town Square and residential development in Town Square: January 7, 1997 (ZA96-145): Original "PUD" Zoning & Concept Plan approved for Southlake Town Square; August 19, 1997 (ZA97-099 and ZA97-100): Southlake Town Square Phase I Development Plan and Site Plan approved; February 4, 2003 (ZA02-104); "DT" Downtown District Zoning & Concept Plan was approved; April 1, 2003 (ZA03-013) Specific Use Permit for the Brownstone residential units was approved. October 5, 2004 (ZA04-066 & ZA04-067): Revised Concept Plan & Site Plan for Southlake Town Square's Grand Avenue District was approved; May 3, 2011; (ZA13-068) A text amendment to Section 37 ("DT" Downtown District) of Zoning Ordinance No. 480, as amended, creating new definitions for "Garden District" and "Garden District Residences" as well as providing additional development regulations for such development was approved. May 3, 2011; (ZA13-069) A revised Concept Plan for the Garden District, including 130 Garden District Residences and 10 Brownstones, was approved. SOUTH LAKE 2030 PLAN: Consolidated Land Use Plan The "Town Center" definition in the 2030 Land Use is as follows: The Town Center land use designation is intended to enhance and promote the development of the community's downtown. The goal is to create an attractive, pedestrian -oriented environment that becomes the center of community life in Southlake. It may include compatibly designed retail, office, cultural, civic, recreational, hotel and residential uses. All uses shall be developed with a great attention to design detail and will be integrated Case No. Attachment A ZA13-012 Page 2 TRANSPORTATION ASSESSMENT: PATHWAYS MASTER PLAN WATER & SEWER: into one cohesive district or into distinct sub -districts, each with its own unique characteristics. A mix of different uses is encouraged to create a vibrant, lively, and unique environment. The "Town Center" designation provides the following guidelines for residential uses: • Residential uses are to be located between the proposed office or retail uses and existing residential neighborhoods. These uses are intended to provide a lower intensity transition between existing neighborhoods and commercial uses. • Residential uses should be well integrated with proposed open space and other civic uses to create a sense of place. • They should also be integrated with proposed commercial uses in a manner that provides internal automobile and pedestrian access to convenience commercial uses. • Residential uses are recommended to be to the density and scale that is appropriate based on the context and character of the proposed overall development. Traffic Impact: Residential Condominium/Townhouse Use (ITE # 230) Use Units Vtpd* AM -IN AM -OUT PM -IN PM -OUT EXISTING 140 820 11 51 49 27 APPROVAL PROPOSED (Garden District 93 545 7 34 33 18 and Brownstones Phase C ) PROPOSED 40 235 3 14 14 8 (Block 4R1) PROPOSED (Garden District and Brownstones 133 780 10 48 47 26 Phase C + Block 4R1) Net Difference -7 - 40 -1 -3 -2 -1 Vehicle Trips per Day The Pathways Plan shows an on -street bikeway planned along Central Ave. Sidewalks are shown along all public street frontages on the concept plan with additional sidewalks shown throughout the open space areas. All necessary public water and sewer infrastructure are currently in place for this development. Case No. ZA13-012 Attachment A Page 3 TREE PRESERVATION & LANDSCAPE: There are no existing trees on the site except those that the developer has planted, including Live Oaks and Magnolias. The preliminary landscape design is consistent with the Town Square theme. CITIZEN INPUT: Two SPIN meetings were held. The first SPIN meeting was held Monday, February 11, 2013. And a second SPIN meeting was held Monday, June 10, 2013. SPIN Meeting Reports for both meetings are included as Attachment "D" of this report. PLANNING & ZONING COMMISSION: August 8, 2013; Approved (5-0) subject to Plat Review Summary No. 4 dated August 2, 2013 and Staff Report dated August 8, 2013 and noting the applicant's willingness to work with Staff to have a traffic calming devise included along Summit Avenue and the applicant's willingness to landscape and irrigate the property north of Main if construction does not begin within 12 months. STAFF COMMENTS: Attached is Plat Review Summary No. 5, dated August 28, 2013. Case No. Attachment A ZA13-012 Page 4 Vicinity Map Garden District and Phase C Brownstones P O /co 00� Ova CIVIC PL w cn a w o a❑ a U) 11� ry Q FOUNTAIN PL w O FM. 1709 E SOUTH LAKE BLVD N 5 <� 0 S ZA13-012 Preliminary Plat 450 900 1.800 � Feet Case No. ZA13-012 Attachment B Page 1 Plans and Support Information Preliminary Plat } YWZ 3 ga _ '�a�'i m8 .J j5 R .a �7 eev00000veeev.......... ........... �J � nrvrvnnn....«nnnnrvrvnnrvnnnnnnnrvnnnnrvrvrvrvn G d Hf`a ;S Z b 95i r i O a K w i 9 9 m= € 9 K: �oK� � b 3 Case No. Attachment C ZA13-012 Page 1 1st SPIN MEETING REPORT El SOUTHLAKE SPIN MEETING REPORT CASE NO. N/A PROJECT NAME: The Garden District — Southlake Town Square SPIN DISTRICT: SPIN #8 MEETING DATE: February 11, 2013; 8:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Twenty-six (26) • SPIN REPRESENTATIVE(S) PRESENT: Vic Awtry (#7) APPLICANT(S) PRESENTING: Frank Bliss, Cooper & Stebbins; et al five (5) • STAFF PRESENT: Lorrie Fletcher. Planner I STAFF CONTACT: Dennis Killough: (817)748-8072 or dkilloughcw_ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at Southlake Town Square; generally the northeast corner of East Southlake Boulevard and Carroll Avenue. Development Details • The original concept plan was approved in May 2011 — 130 Condominiums, 10 Brownstones and 2.4 acres of open space. • The applicant is requesting a revised concept plan to include: 28 Brownstones in 3 configurations 0 7 Custom Villa Homes (6 detached) o 83 Garden District Residences in 5 buildings o 2.2 acres of open space o Amenities to include: • Sidewalks • Landscape • River bend stream / meditation area • Spanish steps common area • Pet playground Case No. Attachment D ZA13-012 Page 1 Exhibits presented at SPIN: New Plan 1 1 2011 Plan Garden District Residences 83 130 Park Ridge Brownstones 9 10 Brownstones in the Garden 19 0 Park Ridge Villas 7 0 TOTAL 118 140 QUESTIONS / CONCERNS • Will the city maintain the central park area? No, the park area will be maintained by the HOA — it is a private open space that is open to the public. If the HOA pays, are they going to keep the public out? No, it is not gated... accessible to the public. • We are concerned the park will become a teenage hangout? We feel the environment will be accessible but secure, well managed and well lit. It is an urban environment — urban suburbia. • 1 live in one of the Brownstones and these issues have been addressed well. Kids figure it out... no problem. Case No. Attachment D ZA13-012 Page 2 • Is this development accessible to wheel chairs? The Spanish steps? It looks like it doesn't work. We have engineered 7 different points of access; only 2 are not ADA accessible. o Each condo has an elevator from the garage — the ability is there. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives_ The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant_ Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council_ Case No. Attachment D ZA13-012 Page 3 2nd SPIN MEETING REPORT USOUTHLAKE SPIN MEETING REPORT CASE NO. ZA13-011 PROJECT NAME: The Garden District — Southlake Town Square MEETING DATE: June 10, 2013; 7:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Thirty-three (33) • SPIN REPRESENTATIVE(S) PRESENT: Matt Shurly (#8) and Vic Awtry (#7) • APPLICANT(S) PRESENTING: Larry Corsin, Cooper & Stebbins; et al five (5) • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Richard Schell: (817)748-8602 or rschellaci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at Southlake Town Square; generally the northeast corner of East Southlake Boulevard and Carroll Avenue. Development Details • The original concept plan was approved in May 2011 — 130 Condominiums, 10 Brownstones and 2.4 acres of open space. • In February 2013; the applicant proposed the following revised concept plan to SPIN: 0 28 Brownstones in 3 configurations 0 7 Custom Villa Homes (6 detached) 0 83 Garden District Residences in 5 buildings 0 2.2 acres of open space o Amenities to include: ■ Sidewalks ■ Landscape ■ River bend stream / meditation area ■ Spanish steps common area ■ Pet playground • Currently, the applicant is requesting a revised concept plan to include: 0 33 Brownstones in 3 configurations 0 100 Garden District Residences in 4 buildings o ± 3 acres of open space Case No. Attachment D ZA13-012 Page 4 Exhibits presented at SPIN: Garden Brownstones 21 0 Park Ridge East Brownstones 9 9 Park Ridge West Brownstones 3 1 Garden District Residences 60 130 Central Avenue Residences 40 0 TOTAL 133 140 Eliminates Garden District Residence buildings on the Main Street alley and the west side of Park Ridge, which allows this area to be developed independently, and sooner New plan made possible by eliminating buildings and individual garages in favor of clustering a mix of 3 and 4-story residences over larger central garages on north side Density reduced; broader offering of residential options; responsive to market demand; phaseable Open space reorganized but substantially same scale QUESTIONS/CONCERNS • What is the ratio of 1 — 2 — 3 bedrooms? 40 — 40 — 20% total • How many Brownstones? 33 Case No. Attachment D ZA13-012 Page 5 • 1500 square feet is basically apartment size... 1500 square feet was approved by City Council in 2011 • What was the density in 2011 plan? Minimum square footage of 1500; no more than 25% of total can be 1500 square feet • What about parking? 80 parking spaces; we are currently over parked by 600 parking spaces for Southlake Town Square. The parking garages are underutilized. • What is the price point? $325 - $350 per square foot • Will these be owner occupied or leased? These will be sold. We have no holding company or comps in this area. • So you won't have any restrictions against renting? People own and rent property throughout the city • Why is the construction so expensive? It is Cooper & Stebbins quality expectation and commitment made from the beginning • There are two different housing products. Is the condo HOA different from the Brownstones? The HOA(s) can set rules that protect value. We are discussing the best approach regarding the HOA. • According to your new plan, Summit Avenue no longer dead ends and is now a through street. We are concerned about 1709 cut through. There is a safety concern and may be increased traffic from those seeking parking. You have made good comments... I love the concept. There is a great need for condos. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA13-012 Page 6 PLAT REVIEW SUMMARY Case No.: ZA13-012 Review No.: Five Date of Review: 08/28/13 Project Name: Preliminary Plat — Southlake Town Square Brownstones at Town Square APPLICANT: Frank Bliss Cooper and Stebbins 1256 Main St. Suite 240 Southlake, TX 76092 Engineer: Jim Riley Brockette Davis Drake, Inc. Phone: (817) 329-8400 Phone: (214) 824-3647 E-mail: fbliss@southlaketownsquare.com E-mail: jriley@bddeng.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/27/13 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072. 1. Include the addition name for the existing platted lots in the title block as is stated in the legal description — Southlake Town Square, Brownstones at Town Square, Phase B. 2. Provide pedestrian access easements over all sidewalks and plaza areas. 3. All lots must comply with the underlying zoning district regulations and controlling specific use permit and plan approvals. 4. Dedicate right of way as needed for approved alignment of Central Ave. 5. The following changes are needed with regard to easements: a. Provide easements for water, sewer and/or drainage in compliance with approved construction plans. b. Show via dotted lines any easements previously abandoned and label with deed record of abandonment. 6. Correct the acreage of each phase in the Quantitative Land Use Schedule. The total gross acreage of both phase 1 and 2 appears to be 7.472 acres. 7. Provide an exhibit showing the limits of Phase 1 and Phase 2. 8. Please note the following sections from Southlake Ordinance 880-A moving forward with platting and permitting of this project: Sec. 9.5-298. Subdivision of property burdened by pipeline. When one or more residential lots in a proposed subdivision are crossed or come by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the subdivider shall, priorto and as a condition of city approval of the subdivision, execute the following waiver and hold harmless agreement, which shall be duly acknowledged in the manner provided by law, and which Case No. ZA13-012 Page 7 shall thereafter be recorded in the appropriate deed or other permanent county records: "[Subdivider Name], by and through its duly undersigned and authorized officer, does hereby state that it fully realizes that it is applying for a permit from the City of Southlake to build within 100 feet of an existing oil or gas pipeline or pipeline easement, and that the City of Southlake considers building near such pipeline or pipeline easement to have certain inherent dangers, including but not limited to explosion and release of noxious, toxic and flammable substances. For the aforementioned reasons [Subdivider Name] hereby RELEASES and agrees to forever HOLD HARMLESS the City of Southlake, Texas, its officers, officials, employees, successors and assigns from all liability in any way arising from the building, use or habitation of [structure described in the said permit]." Sec. 9.5-299. Waiver/hold harmless agreement required for issuance of building permit. (a) Any person, firm or corporation wishing to obtain a building permit for the erection, construction, reconstruction or expansion of any structure, of which any portion of such erection, construction, reconstruction or expansion would occur within 100 feet of an existing oil or gas pipeline or pipeline easement shall, prior to and as a condition of the issuance of such building permit, execute the following waiver and hold harmless agreement, which shall be duly acknowledged in the manner provided by law and which shall thereafter be notarized and recorded in the appropriate deed or other permanent county records: "I, [Applicant's Name], do hereby state, on my oath, that I fully realize I am applying for a permit from the City of Southlake to build within 100 feet of an existing oil or gas pipeline easement; that I am fully aware of the dangers inherent in building near such pipeline or easement, including but not limited to explosion and release of noxious, toxic and flammable substances; and, further, that I do hereby RELEASE and agree to forever HOLD HARMLESS the City of Southlake, Texas, its officers, officials, employees, successors and assigns from all liability in any way arising from the building, use or habitation of the structure described in the said permit." (b) Prior to beginning any excavation, trenching or digging using powered equipment or hand tools that may damage a pipeline, any person within the city shall be required to contact the one call system and any other appropriate underground utility coordinating systems and determine if there are any pipelines or public utilities in the vicinity of the proposed activities. (c) If physical contact is made with a pipeline during any excavation, trenching or digging, the pipeline operator must be notified by the person or agency making the physical contact with the pipeline for any necessary pipeline inspection or repair. Case No. ZA13-012 Page 8 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 IWill k111:167e1»de]►Y,ILY,lEll k111&_1 No comments. Public Works/Engineering Review Steve Anderson, P.E., CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us CrlEll kIEllMA Wd9]►Yil►YilEll k111&1 The same set of civil plans may be used for the concept plan (ZA13-011), preliminary plat (ZA13-012), SUP for the brownstones (ZA13-053) and the SUP for the residential lofts (ZA13-054). Only one set of civil plans is required for each meeting submittal Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. 3. Label utilities as "Public" or "Private". DRAINAGE COMMENTS: 1. Construction plans have been submitted and are under review. 1k1;101NLYi/_l1[97kFill Wd9]►Yil►YilEll k111&1 Submit 4 copies of the civil construction plans (22" X 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City's sewer, water or storm sewer system. A Developer's Agreement will be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. Attachment E ZA13-012 Page 1 Fire Marshal Review Kelly Clements Assistant Fire Marshal (817) 748-8671 kclementsr@ci.southlake.tx.us CrlEll kIEllMA Wd9]JilJilEll k111&1 An automatic fire sprinkler system will be required for each individual residential unit due to the limited fire apparatus access based on the minimal street widths. Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. Each individual residential unit must be supplied with an exterior horn/strobe that is tied into the water flow switch of the sprinkler system for that unit to provide audible notification in the event that a fire occurs. IaIN;aWill kl;Kde]►y,ILy,lEll k111&1 Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 80,000 Ibs GVW). Fire access roads have been increased from the previous width of 20 feet wide with an additional 8 feet of parallel parking in the existing Brownstones, to 22 feet wide with an additional 8 feet of parallel parking. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. FIRE HYDRANT COMMENTS: Hydrants required at a maximum spacing of 400 feet for these multi -story residential structures. (Identical to the spacing for the existing Brownstones) Hydrants are also required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. The following should be informational comments only SPIN meetings for this development were held February 11, 2013 and June 10, 2013. Because portions of this property were previously platted, either a Plat Vacation followed by a Final Plat approval or a Plat Revision approval will be required for the final filing documents. Contact the City Parks Department at (817) 478-8184 regarding placement of this project on a Park Board agenda if any park land dedication is proposed. Staff recommends any proposed landscape / bufferyard areas are included in areas designated as common area to be maintained by the homeowner's association. It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. Case No. Attachment E ZA13-012 Page 2 A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Denotes Informational Comment Case No. Attachment E ZA13-012 Page 3 Surrounding Property Owners Garden District Residences and Phase C Brownstones SPO # Owner Zoning qF Land Use Acreage Response 1 Town Square Ventures Lp DT 1460 MAIN ST 0.48 NR 2 Sits Grand Avenue Lp DT 1401 FEDERAL WAY 2.44 NR 3 Sits Grand Avenue Lp DT 1471 FEDERAL WAY 0.58 NR 4 Southlake, City Of DT 1451 FEDERAL WAY 1.37 NR 5 Town Square Ventures Lp DT 141 GRAND AVE 3.62 NR 6 Sits Grand Avenue Lp DT 1450 PLAZA PL 2.96 NR 7 Southlake, City Of DT 1501 MAIN ST 2.07 NR 8 Town Square Ventures Iv Lp DT 115 CENTRAL AVE 1.66 NR 9 Town Square Ventures V Lp DT 1560 E SOUTH LAKE BLVD 1.10 NR 10 Town Square Ventures Lp DT 1570 E SOUTH LAKE BLVD 2.27 NR 11 Early, Fidelma DT 1534 MAIN ST 0.07 NR 12 Smith, Ryan DT 1532 MAIN ST 0.06 NR 13 Gray, Tim A DT 1530 MAIN ST 0.06 NR 14 Mills, Michael D Etux Rita DT 1528 MAIN ST 0.06 F* 15 Wang, Tzuchung S & Julia Huang DT 1526 MAIN ST 0.06 NR 16 Lewis, Terry W Etux Debra K DT 1524 MAIN ST 0.06 NR 17 Pekowski Family 1998 Trust DT 1522 MAIN ST 0.06 NR 18 Hale, Genevieve Etvir John DT 1520 MAIN ST 0.06 F 19 Kienast, Joseph P Etux Deanna DT 1518 MAIN ST 0.06 F 20 Nelson, Kenneth R Etux Sharon DT 1516 MAIN ST 0.06 NR 21 Posey, James H DT 1514 MAIN ST 0.06 NR 22 Schirle, Joseph LJr Living Tr DT 1512 MAIN ST 0.06 NR 23 Vance, Frederick Etux Carol DT 1510 MAIN ST 0.06 NR 24 Talkington, Timothy J DT 1508 MAIN ST 0.06 NR 25 Ware, Demarcus O DT 1506 MAIN ST 0.06 NR 26 Julia, Thomas Etux Mary Jane DT 1504 MAIN ST 0.06 NR 27 Durant, Tom & Susan Durant DT 1500 MAIN ST 0.13 NR 28 Brownstone At Town Square Lip DT 198SUMMITAVE 0.16 NR 29 Brownstone At Town Square Lp DT 161 SUMMIT AVE 0.07 NR Case No. Attachment F ZA13-012 Page 1 30 Williams, Herbert S III DT 163 SUMMIT AVE 0.04 NR 31 Raif, Thomas V Jr & Jennifer DT 165 SUMMIT AVE 0.04 NR 32 Torres, Carlos DT 167 SUMMIT AVE 0.04 NR 33 Wandschneider, Gary K DT 169 SUMMIT AVE 0.06 NR 34 Visosky, Mark DT 171 SUMMIT AVE 0.07 NR 35 Ducharme, Paul E Etux Marianne (Response Form received from Kacy and Marcella Rodgers) DT 173 SUMMIT AVE 0.07 F 36 Jackson, Charles B Jr & Cathy DT 175 SUMMIT AVE 0.07 NR 37 Ryne, Wallace R DT 177 SUMMIT AVE 0.08 NR 38 Francis, Tim D Etux Pamela D DT 179 SUMMIT AVE 0.09 NR 39 Faulkner, Sandra Potter DT 1571 MAIN ST 0.09 NR 40 Angeluna Properties Llc DT 1573 MAIN ST 0.08 NR 41 Smith, Pete DT 1575 MAIN ST 0.08 NR 42 Fout, April R Etvir George D DT 1577 MAIN ST 0.08 NR 43 Osorio, Federico G Etux Paula DT 1579 MAIN ST 0.08 NR 44 Martin, John Etux Patricia D DT 1581 MAIN ST 0.08 NR 45 Shetterly, Mark Etux Kathern DT 1583 MAIN ST 0.08 NR 46 Leaf, Makram J Etux Caroline M DT 1585 MAIN ST 0.07 NR 47 Depperman, Chris DT 1587 MAIN ST 0.07 NR 48 Biersmith, Mark A Etux Sally A DT 1589 MAIN ST 0.07 49 Cranston, James Etux Etal DT 1591 MAIN ST 0.08 NR 50 Brownstone At Town Square Lp DT 1580 MAIN ST 0.12 NR 51 Arnold, William Etux Joanna DT 1586 MAIN ST 0.08 NR 52 Brownstone At Town Square Lp DT 203 PARK RIDGE BLVD 0.06 NR 53 Brownstone At Town Square Lp DT 205 PARK RIDGE BLVD 0.06 NR 54 Brownstone At Town Square Lp DT 207 PARK RIDGE BLVD 0.06 NR 55 Brownstone At Town Square Lp DT 209 PARK RIDGE BLVD 0.05 NR 56 Brownstone At Town Square Lp DT 215 PARK RIDGE BLVD 0.06 NR 57 Brownstone At Town Square Lp DT 217 PARK RIDGE BLVD 0.06 NR 58 Brownstone At Town Square Lp DT 219 PARK RIDGE BLVD 0.06 NR 59 Brownstone At Town Square Lp DT 221 PARK RIDGE BLVD 0.06 NR 60 Brownstone At Town Square Lp DT 223 PARK RIDGE BLVD 0.06 NR 61 Brownstone At Town Square Lp DT 225 PARK RIDGE BLVD 0.06 NR 62 Brownstone At Town Square Lp DT 227 PARK RIDGE BLVD 0.06 NR 63 Brownstone At Town Square Lp DT 213 PARK RIDGE BLVD 0.65 NR 64 Brownstone At Town Square Lp DT 1565 MAIN ST 0.13 NR 65 Brownstone At Town Square Lp DT 232 PARK RIDGE BLVD 0.09 NR 66 Brownstone At Town Square Lp DT 230 PARK RIDGE BLVD 0.08 NR 67 Brownstone At Town Square Lp DT 228 PARK RIDGE BLVD 0.07 NR 68 Brownstone At Town Square Lp DT 226 PARK RIDGE BLVD 0.08 NR 69 Brownstone At Town Square Lp DT 224 PARK RIDGE BLVD 0.06 NR 70 Brownstone At Town Square Lp DT 222 PARK RIDGE BLVD 0.06 NR 71 Brownstone At Town Square Lp DT 220 PARK RIDGE BLVD 0.06 NR 72 Brownstone At Town Square Lp DT 218 PARK RIDGE BLVD 0.06 NR 73 Brownstone At Town Square Lp DT 216 PARK RIDGE BLVD 0.06 NR 74 Brownstone At Town Square Lp DT 214 PARK RIDGE BLVD 0.06 NR 75 Brownstone At Town Square Lp DT 212 PARK RIDGE BLVD 0.06 NR 76 Brownstone At Town Square Lp DT 210 PARK RIDGE BLVD 0.06 NR 77 Brownstone At Town Square Lp DT 208 PARK RIDGE BLVD 0.06 NR 78 Brownstone At Town Square Lp DT 206 PARK RIDGE BLVD 0.06 NR 79 Brownstone At Town Square Lp DT 204 PARK RIDGE BLVD 0.08 NR 80 Brownstone At Town Square Lp DT 202 PARK RIDGE BLVD 0.08 NR 81 Smith, Ryan Taylor & Catherine DT 200 PARK RIDGE BLVD 0.10 NR 82 Fields, Jennifer DT 1568 MAIN ST 0.06 NR Case No. Attachment F ZA13-012 Page 2 83 Coons, Robert & Kathy DT 1564 MAIN ST 0.06 NR 84 Alexander, Stanley Etux Lisa DT 1562 MAIN ST 0.06 NR 85 Cardillo, Valentino Etux S JJW1 DT 1560 MAIN ST J1 0.08 O 86 Brownstone At Town Square Lp DT 234 PARK RIDGE BLVD 0.13 NR 87 Brownstone At Town Square Lp DT 199 SUMMIT AVE 0.10 NR 88 Brownstone At Town Square Lp DT 211 PARK RIDGE BLVD 0.12 NR 89 7330 Fair Oaks Blvd Prt Etal C3 1600 E SOUTH LAKE BLVD 2.36 NR 90 Cole Mp Pm Portfolio Llc C3 200 VILLAGE CENTER DR 4.66 NR 91 Hd Development Propertiex, Lp C3 300 VILLAGE CENTER DR 11.60 NR 92 Shamrock Pipeline Corp, The (Response form received from Kelly McAlister with NuStar Energy) C3 1689 E SOUTHLAKE BLVD 0.41 F 93 Sits Land Lp DT 1651 E SH 114 5.35 NR 94 Brownstone At Town Square Lp DT 351 CENTRAL AVE 4.31 NR 95 Hawton, Derek Aubrey DT 1566 MAIN ST 0.06 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response F*: In Favor with Conditions Notices Sent: Responses Received Ninety-five (95) Six (6) — Attached * A number of emails have also been received by the City from residents indicating their concerns about the project. These emails were submitted on August 22, 2013 or prior to this date and can be found in the attachment linked below. - Link to Emails from Residents Case No. Attachment F ZA13-012 Page 3 811/13 Ci.southlal�.b,us Mail - SaAfilak Town Square Garden District & Brownstones CITY Oi' SOUTHLAKE Southlake Town Square Garden District S Brownstones Shawna Cardillo W Thu, Aug 1, 2013 at 3:39 PM To: "mayor@ci.southlake.tx.us <mayor@ci.southlake.tx.us>, "placel@ci.southlake.tx.us" <place1@ci.southlake.tx.us>, "place2@ci.southlake.tx.us" <place2@ci.southlake.tx.us>, "place3@ci.southlake.tx.us" <place3@ci.southlake.tx.us>, "place4@ci.southlake.tx.us" <place4@ci.southlake.tx.us>, "place5@ci.southlake.tx.us" <place5@ci.southlake.tx.us>, "place6@ci.southlake.tx.us" <place6@ci.southlake.tx.us>, "hblake@ci.southlake.tx.us" <hblake@ci.southlake.tx.us> Cc: Valentino Cardillo (Sent via Email and Hand Delivered) August 1, 2013 Southlake Planning & Zoning Members and Southlake City Council Members, This communication is in reference to the proposed Garden District development which will be reviewed at the August 8th P&Z public meeting. This is an extremely difficult topic to cover succinctly via email 1 letter communication or via a three minute discussion at the meeting. Therefore, we have attached three plan documents to be referenced concurrently with this letter. Additionally, in an effort to keep it simple, we have outlined our concerns in bullet point format below. At the highest level we have two major concerns: 1) The inclusion to tum Summit Avenue into a through -street. Previously the plan was Summit Avenue would D21 be a through -street to the Garden District, 2) The addition of condominiums to the Southlake Town Square area. 1) Summit Avenue as a Pass -Through Street vs. Dead -End (Exhibit 2 and 3 yellow vertical line) • The plans presented in January called for Summit Avenue to be blocked via barricades prior to entering the center of the Garden District and not be a through -street. (Exhibit 1, red horizontal line) • On May 29th we met with Lawrence Corson, Director of Residential Development and Sales, of Cooper and Stebbins Development. He stated there was no reason Summit Avenue has to be a through -street in order to complete the remainder of the Garden District development plans. This is a very key point to this topic as no other development would be delayed with this modification. Case No. Attachment F ZA13-012 Page 4 811/13 Ci.southlake.txus Mail - Soulhlake Tmn Square Garden District & Bromstones • Critical Point #1: This will create an extremely hazardous pedestrian and vehicular situation at the intersection of Highway 1709. As the volume of traffic increases significantly attempting to exit and enter from Summit Avenue via a stop sign a serious, or potentially fatal accident occurring Is only a matter of time (Exhibit 3, lime green "X"). The already established traffic signal, no more than a tenth of a mile up from Summit Avenue, on to Central Avenue should continue to be the main access way to the new retail development. (Exhibit 3, orange colored line; including planned expansion/right turn of Central Avenue across from Federal Way to Hwy 114. Planned retail expansion noted as well) • Critical Point #2: This will turn the Brownstone residential neighborhood into a very busy vehicular "pass through" to the planned retail expansion behind, and adjacent to, the Garden District. (Exhibit 2 and 3, teal blue colored line) • The rebuttal offered by some is: traffic already enters Summit Avenue today and exits via Main Street to Central. This is true; however, volume is light compared to what will occur with a formal cut -through street. If Summit Avenue is not cut -through and someone does turn on to it with the hopes of passing to Meeting Street, they will quickly learn this is not possible and return to the designed Central Avenue controlled traffic light the next time. • Traffic will increase drastically in the existing alley behind all the current Brownstones (and future Brownstones) as it will become a passage way for vehicles circling trying to find parking on the new Meeting Street which will run in front of the new Brownstones. This creates a dangerous situation for all residents in the new and existing Brownstones trying to exit and enter their garages. It also creates eminent traffic danger to all pedestrians but especially children, and or pets, exiting their garages or utilizing the alley for some form of recreation, i.e., basketball or skateboarding. (Exhibit 2 purple colored line) • Visitors will search for parking when curb -side Meeting Street parking is full. Vehicles will be less likely to circle to Main Street if they cannot cut -through via Summit Avenue. According to Cooper and Stebbins, the-Southlake Fire Department is apathetic to this pass -through of Summit Avenue. It is not required for any reason. • It appears too easy for the section between Meeting Street and the Central Avenue extension to Hwy 114 to be extended through the park area from the Summit Avenue extension (Exhibit 2 and 3, pinkish red colored line), making the scenarios outlined above an even greater concern. This section is cleverly disguised on the diagram with trees as is the Summit Avenue cut -through. As time progresses many will find a way to utilize this cut -through; not only as a means to get to retail shopping, but potentially as a short cut to other events, including their place of work, all having nothing at all to do with Southlake Town Square. • Residential traffic will increase substantially. Estimating 33 new Brownstones, and four new condo buildings with 60 units each, will total 273 more residential units. If each home averages two vehicles this alone could increase traffic flow on Summit Avenue by a large portion of 546+ vehicles daily. Case No. Attachment F ZA13-012 Page 5 • Not only will residential traffic increase but commercial vehicles (delivery trucks and semis) will utilize passage 24X7 through a residential community with children. Proposed Solution: The passage way from Summit Avenue to Meeting Street should be closed. (Exhibit 2 and 3 yellow colored line, dead-end at horizontal yellow line) This should be filled with an additional Brownstone unit to ensure this issue is not continued at a later date. 2) Addition of Condominiums to the Southlake Town Square Area • Critical Point #1: If the proposed units are approved they should be approved as Co-ops vs. Condos. (including, three Garden District Buildings, a building in the surface parking lot next to the movie theater which is scheduled to be built first, and future surface parking lot proposals throughout the Town Square.) (Exhibit 2 and 3, marked as Condo 14) • Critical Point #2: Southlake schools are a large draw to this community. What an excellent way to get your child into the Southlake school district via uncontrolled rent rates; rent a 1700 sq. ft., or less, condnminium. • At a recent SPIN meeting Cooper and Stebbins indicated they most likely would hold a large portion of ownership of the condos. Thus, they plan to lease/rent these as they see fit. This is the definition of an apartment building. • The rebuttal Cooper and Stebbins will offer is Brownstones, and/or homes can be rented in Southlake. This is true; however the rental fee typically carries a high premium of around $5,000+ per month. A company in business (Cooper and Stebbins, or any other) that needs to rent 60+ units at a time has much different motives than an individual renting a Brownstone or two. In a co-op, all your neighbors have been screened by a board. They are financially stable, they can afford their home, and they have letters of reference from a variety of sources. They have agreed to abide by house rules. Rental activity is tightly controlled, not totally forbidden, usually, but controlled. You don't have to worry about your "owner -mostly building" turning into a "renter -mostly building". If a resident is being obnoxious, you can actually take action that works. • If a large percentage of condo units go into foreclosure, the remaining residents are going to have to pay higher monthly costs and/or the building is going to deteriorate. Also, the condo building is not first in line when it comes to recovering from the foreclosed property. The equivalent of foreclosure in co-ops is rare, because of the screening process, and the co-op building is first in line when it comes to recovering funds if an owner does get into trouble. • One of the advantages with a co-op is specific to sub -leasing. After the owner has resided in the co-op for one or two years typically, most co-ops allow the owners to sublease for one to two years, and then they must move back into the co-op. The renters oftentimes have to be interviewed by the board and disclose their finances Case No. Attachment F ZA13-012 Page 6 • Despite the fact many condo associations contend they are empowered to either approve or disapprove the transfer of ownership, the reality is they have little power at all. Co-ops on the other hand have the right to approve or deny the sale of shares on the basis, for example of the buyer's perceived inability to meet financial obligations. Parking will be greatly compromised by eliminating the existing surface parking and forcing more cars to completely fill or overflow the existing parking decks. This very easily could have a reverse effect on retail shop success as consumers look for convenient parking, not a long walk from the top of a parking deck. (Exhibit 2 and 3, Condo 1) Proposed Solution: No condominiums should be allowed. If passed in the existing architectural format these should be co-op managed buildings. Another alternative is to go to 100% high value Brownstone units with no condominium buildings. Recent Brownstone sales are turning rapidly. We need to be cognizant of both issues to guard against property devaluation in a city with a history of home ownership value maximization and appreciation. Respectfully, Valentino and Shawna Cardillo 1560 Main Street Southlake, TX 76092 3 attachments Exhibit 1.pdf 279K Exhibit 2.pdf 362 K Exhibit 3.pdf 397K Case No. Attachment F ZA13-012 Page 7 i a4 W CL O (D CL M� A rF M y O � A O (D 0 13 c C � 0 1 fD (Q r *-.% N O N M x Cr r+ Case No. Attachment F ZA13-012 Page 8 Case No. Attachment F ZA13-012 Page 9 Exhibit: 3 Retail Case No. Attachment F ZA13-012 Page 10 Notification Response Fo JA13-012 Moeting Data: August il, 2013 at 6.30 PM Hate, Gent;vieve Etvlr John PO Box 92183 Southlake Tx.. 76092 PLEA E PROVI DE COMPLETED FORMS V1A MAIL, F BEFORE THE START OF THE SCHEDULED P1 EWng the owner(s) of the property oo noted eb ire favor of cgpc5ed to undec (6rele or underline on a) the p pal Pmlimina€y Plat rOerence Space for tornrrtents regarding your position: ipature: Additional Signature: Printed arne(s); MUM[ W PMPOc y OtirO' O6 5) WhO 601 arm cdmid at" O#hrw;l Phone Number (optional): OR HAND DELIVER .ID HEARIN0. , are hereby t about above. . * Date: gQ Date: g eon�F%nni Department. One for% per prop6rr, to -eo 4 Case No. Attachment F ZA13-012 Page 11 Notification Response Form ZA13-012 Meeting Vate: August 8, 2013 at 6,30 PM 01+ lMt+l r-l1w lze +fr+rs 10 173 Summe t Ave Southlake Tx, 78092 39618E 24 7 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby n favor of opposed to undecided about (circle or underline one) the proposed Preliminary Plat referenced above_ Space for comments regarding your position: l+=01a F. R0116 rs (214) RM-7334 w3vw_mgrpe la-3%1&--.c�ivnluu;eoixti mazcei7a�ndgers�aol.ca�n Signature: Additional Signature. bate: Date - Printed Name(s): hg_-c_ &6&4�s�j - - rJlust he property owner(p) whose anne(&) gre printed ai tmp. C)Mpnvise contact the Planning department. One ftirrrs per property. Phone Number (optional) - Case No. Attachment F ZA13-012 Page 12 Notification Response Form ZA13412 MeaUng Date_ August S, 2013 at 6-20 Peal Shamrock Pipeline Cb p, The PC Box 780339 Say+ Antonfc Tx, MM A 4al 2A01 PLEASE PROVIDE MMPLETEa FORMS VIA IIl AIL, FAX OR HAND DELIVERY FORE THE START OF THE SCHEDULED PUBUC HEARING. e� ' s o the property s€ noted ba3�ve, a I reby in furor of oppo d to undedded about �- (circle or uriderii!ne ope) tl-e pmpcsed Predimirrary Piet referenced above. Snacit! fir can ents moaMina vaur nosition., iglu: - Date:7-Zle-13 Add1#lonaa i 1'iature: Data, _--� Printed Na c(s): k�°16, Mm4 beproperty D nw(Q rrhow ramvDz) amp eE bp- O&wwrae oazc[ih& PfanNnt De"ar:+ent Omfwn peT PraP241Y. Phone Number (optional), Case No. Attachment F ZA13-012 Page 13 Notification Response Form ZA13-012 Meeting Date: August 8, 2013 at 6:30 PM Kienast, Joseph P Etux Deanna 1518 Main St Southlake Tx, 76092 39618B 21 22 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of � opposed to undecided about (circle or underline one) the proposed Preliminary Plat referenced above. Space for comments regarding your position: Signature: Additiona Date: zo�v-/J 1. ignature:�iN� Date: '7 3d /'3 Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment F ZA13-012 Page 14 Aug.07.2013 11:18 AM Notification Response Form ZA13-012 Meeting Date: August 8, 2013 at 6:30 PM Mills, Michael D Etux Rita 1528 Main St Southlake Tx, 76092 396186 21 17 PAGE. 4/ 8 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the own perty so noted above, are hereby in favor of 4 pposed to undecided about (circle or underline one) the proposed Preliminary Plat referenced above. Space for comments regarding your position: Signature: Date:3 Additional Signature��- / 'f Date: Printed Names):Az-nwn 1> Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): 817 461 41-52- Case No. Attachment F ZA13-012 Page 15 Aug.07.2013 11:17 AM 7 August 2013 To, Planning & Zoning Commission City Council Ref: .Z,A 13-011f012/054f080 and the residential development of Town Square in general PAGE. 1/ 8 we to prior out of town commitments I will not be available to speakk in gcrson at the upcoming P&Z and potential Council meetings concerning this subject and so will brietly provide my oomments in writing. pirst and foremost T am an avid supporter of continued development of the residential element to the Town Square District. The concept components proportions are consistent with successful uftn designs and with all that I learned while earning an undergraduate deter from the UW School of, Architecture and Urban Design. We currently have an unfinislsed project that has much upside remaining. Given the confusing narning and numbering scheme of the 5 current cases (e.g. it is not clear to me even if the "Site Plan" requirements arc included in these cases)1 will not attempt to comment on the cases individually but rather make overall comments on the project. ley points are as follows: A Ay Width It is not clear to me what the current state of play is on this subject. however, I want to make it clear that I do t►ot su pclrwiden the existing alleyp�yemant tyond its existing 16 feet. 7'11e arguments for status quo are many and. compelblig (visual appearance of an off center Swale; useful life degradation due to scabbing on extra pavement to that which exists; ownership issues since the additional width would be owned by a different HOA than the existing; increased maintenance cost due to chipping that occurs at seams; increased speed of traffic and accident risks on private property, there is no longer a public safety access issue pertaining to the Garden District; etc. eic.). if for some remon a disc ion is held about widening the pavemea then the exiting HOA, as theowner of the existing; alley land and pavement, needs to Officially be a part of that discussion. My position would be that to avvid economic damage to our HOA property any widening of the alley would have to be Clone by removing the existing pavement and consuuctxng a new alley with a monolithic pour side to side. Relo"ti©n vc CeAtral ArLenye While 1 am not necessarily against relocating the pa& of this street in concopt, nor do 1 in concept oppose filling in the drainage areas just north of the Original/Existing Brownstone District (i.e. the original. 114 homes plan approved to 2003), I am opposed to any changes to the Open Space created in perpetuity as a northern buffer between this residential district and the commercial area, as was created in 2004 at the time that Case No. Attachment F ZA13-012 Page 16 Auto. Q7.2013 11:18 AM PAGE. 2/ 8 Summit Park was reduced from approximately S aMs (Le. going all the way south to 1709) to its current sizr). In August of2004 the developer came to the .Parks Board (can which I served at that time) proposing a widening of the narrow buffer on the north end of the Brownstones District ai; a tradeoff for reducing the size of Summit Park. It was the Parks Board intent, as included in the passed motion and recommendation to MZ/Council that this widened buffer not be subject to future change. The Developer agreed. Although I have not gone with my own eyes tO verify, I w83 advised a couple of months later by the then. Community Services Director that this to perpetuity stipulation was carded fonvvard and approved through the test of the process. Criven that action and that it was a key element in approving the reduction in the size of Summit Park I do not believe it is appropriate to change that which wm intended to be permanent without significant vetting. I would also point out that the changes involved appear to excbange C`publip-' open space for "Private' open space which is two dill nt considerations (artless the city is going; to maintain the private open space that is replacing the public open space). Building Itei _ to With in the Garden District (i.c. the 2003 approved Brownstone District) I am opposed to any building height (above sea level not just above grade) exceeding that included in The approved 2003 Brownstones Plan. My pusitian is that there should not be any building Dither above sea level by location within the original Brownstones District than approved previously. Said another way it is not j ust the height of the building itself but also the heights above sea level and the setbacks. While I have no empathy for those wto lorry homes without doing cline diligence as to what may be built next to than, we did our due diligence and based our purchases on what was approved for construction adjacent to our hotlnes... and now that is being revised so I art asking that our site lines as approved in 2003 he respected and protected. I think the developer is cousidering that, but 1 did notice a reference to'141 Story Penthouses.... while that might not be problematic as it pterWns to the ntw area being considered adjacent to the existing Bast Ptrtking Owase, it is of concern if it is being considered in the 2003 Brownstone District. East End of il+ltain.street This I do :not believe is a developer issue but rather an issue between the city and the HQA. The current cases create and excellent opportunity to clean up a situation that you probably do not even know exists... i.e. the HDA awns the street which is the last block on the east end of Maw while the city owns the rest of Main. The original documents show that area as being a landscaped "count At some paint it became obvious that a se -_On l mess point was :needec#. to the alley in that area until further development occurred... so this court was turned into a. sheet but the ownership stayed with the HOA. if there is some technicality for this unusual ownership the technicality needs to be resolved and this ownership converted to the city. With the legal documents all open at the moment for other dltatiges this would be an elf dent time to fix it. To leave it like it is will create ongoing problems of maintenance, replacement, liability, etc. etc, While it is unlikely the 140A would want to close this street: and vuntveA it to a "court I do Case No. Attachment F ZA13-012 Page 17 Aug.07.2013 11:18 AM PAGE. 3J 9 believe that ante the alley has a new entrance to the north an arp ent could be made to do so. °fly you for taking the time to read my information anal for your efforts to Balance the protection of exisaing owners with chat of continuing appropriate development of our district and of our community, Mehael D, Mills 1528 Main Street Soathlake, TX 76092 CC: The Bmwnstontes at Town. Square 140A Boad of Directors France Bliss Larry Corson Case No. Attachment F ZA13-012 Page 18