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transcript
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CITY COUNCIL MEETING
JULY 21, 2015
The Regular City Council Meeting of the City of Keller was held
on Tuesday, July 21, 2015, at Keller Town Hall, 1100 Bear Creek
Parkway, Keller, Texas.
The following City Council Members were present:
Mayor Mark Mathews
Council Member Debbie Bryan
Council Member Armin Mizani
Council Member Bill Dodge
Council Member Bill Hodnett
Mayor Pro Tem Rick Barnes
Council Member Tom Cawthra was absent.
Administrative personnel present were City Manager Mark Hafner,
City Secretary Sheila Stephens, City Attorney Stan Lowry, Chief
Financial Officer Steve Groom, Director of Administrative
Services Sakura Moten-Dedrick, Director of Human Resources
Carolyn Nivens, Director of Public Works Keith Fisher, Director
of Community Services Cody Maberry, Director of Public
Services/Economic Development Trina Zais, Director of
Information Services Sean Vreeland, and Fire Chief David Jones.
PRE-COUNCIL MEETING
A. CALL TO ORDER
The Pre-Council meeting was called to order by Mayor Mark
Mathews at 5:00 p.m.
B. EXECUTIVE SESSION
Mayor Mark Mathews adjourned the meeting to Executive
Session during the Pre-Council Meeting for the following
purposes allowed in Chapter 551 of the Texas Government
Code.
1.
Section 551.087, Texas Government Code - Deliberation
Regarding Economic Development Negotiations.
(1) To discuss or deliberate regarding commercial or
financial information that the governmental body
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has received from a business prospect that the
governmental body seeks to have locate, stay, or
expand in or near the territory of the
governmental body and with which the governmental
body is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other
incentive to a business prospect described by
Subdivision.
B-1 Memo
2. Section 551.071, Texas Government Code - Consultation
with attorney to seek advice about pending or
contemplated litigation or a settlement offer or other
matters permitted by such section.
a. Hall vs. City of Keller.
b. Tree Ordinance Citations: 1740 Oakbrook Drive,
1736 Oakbrook Drive, 1733 Oakbrook Drive, 1732
Oakbrook Drive, 1728 Oakbrook Drive, 1725
Oakbrook Drive, 1717 Oakbrook Drive, 1713
Oakbrook Drive, 1709 Oakbrook Drive, 1112
Oakbrook Hills Court, 1115 Oakbrook Hills Court,
1119 Oakbrook Hills Court, and 8739 Davis Blvd.
B-2 Memo
3. Section 551.072, Texas Government Code - Deliberate
the purchase, exchange, lease, or value of real
property.
a. Tracts 8A, 8B, 9I, 6G and 6HI, Abstract No. 1171,
Samuel Needham Survey, City of Keller, Tarrant
County, Texas.
B-3 Memo
4. Section 551.071(2), Texas Government Code - To seek
advice from the City Attorney on a matter in which the
duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with this
chapter.
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a. Atlas Pipeline.
B-4 Memo
5. Adjourn into Open Meeting.
The Pre-Council Meeting was called back to order by
Mayor Mark Mathews.
6. Action on Executive Session Items 1, 2a, 2b, 3a, and
4a if necessary.
Item 1 – No action was taken.
Item 2a – Action was taken during the Regular Meeting.
Item 2b – No action was taken.
Item 3a – No action was taken.
Item 4a – No action was taken.
C. WORK SESSION
1. Receive Council report and discuss Ethics Policy
relating to various City documents. - Mayor Pro Tem
Rick Barnes and Council Member Armin Mizani.
C-1 Memo
Council Member Armin Mizani gave a report on the
Ethics Policy relating to various City documents.
Discussion was held by the City Council.
2. Receive Council report and discuss City Council Rules
of Order and procedures relating to various City
documents. - Mayor Pro Tem Rick Barnes and Council
Member Armin Mizani.
C-2 Memo
Mayor Pro Tem Rick Barnes gave a report on City
Council Rules of Order and procedures relating to
various City documents. Discussion was held by the
City Council.
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3. Discuss and review agenda items.
C-3 Memo
The City Council discussed and reviewed the agenda
items. D. ADJOURN
The Pre-Council Meeting was adjourned by Mayor Mark Mathews
at 6:36 p.m.
REGULAR MEETING
A. CALL TO ORDER
The Regular Meeting was called to order by Mayor Mark
Mathews at 7:01 p.m.
B. INVOCATION
Brother Bair, Church of Jesus Christ of Latter Day Saints,
gave the invocation.
C. PLEDGE OF ALLEGIANCE
1. Pledge to the United States Flag
Mayor Mark Mathews led the Pledge to the United States
Flag.
2. Pledge to the Texas Flag - "Honor the Texas Flag: I
pledge allegiance to Thee, Texas, one State under God,
one and indivisible."
Mayor Mark Mathews led the Pledge to the Texas Flag.
D. PRESENTATION & PROCLAMATION
1. Presentation - Distinguished Budget Award
D-1 Memo
Mr. Steve Groom, Chief Financial Officer, presented
the Distinguished Budget Award. Ms. Pamela McGee,
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Finance/Purchasing Manager accepted the award on
behalf of the Finance Department.
2. Presentation - Texas Association of Municipal
Information Officers (TAMIO) Award
D-2 Memo
Mayor Mark Mathews presented the Texas Association of
Municipal Information Officers (TAMIO) Award to Ms.
Rachel Reynolds, Public Information Officer.
E. PERSONS TO BE HEARD
This is a time for the public to address the City Council
on any subject. However, the Texas Open Meetings Act
prohibits the City Council from discussing issues which the
public has not been given seventy-two (72) hours’ notice.
Issues raised may be referred to City Staff for research
and possible future action.
Mr. Andy Clem, Bella Vita Custom Homes, 12400 Coit Road,
Suite 400, Dallas, TX, 75230, presented pictures of custom
homes and spoke in regards to a Preliminary Plat
application for Ottinger Place, New Business Item H-8.
F. CONSENT
The next order of business was for the City Council to
consider the consent agenda items, which were deemed to
need little or no discussion, and were acted upon as one
business item.
1. Consider approval of the minutes of the City Council
Work Session on Tuesday, June 30, 2015.
F-1 Memo
F-1 Minutes
Mayor Pro Tem Rick Barnes made a motion to approve the
minutes of the City Council Work Session on Tuesday,
June 30, 2015 as proposed. Council Member Bill Dodge
seconded the motion. The motion carried unanimously.
2. Consider approval of the minutes of the Regular City
Council Meeting on Tuesday, July 7, 2015.
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F-2 Memo
F-2 Minutes
Mayor Pro Tem Rick Barnes made a motion to approve the
minutes of the Regular City Council Meeting on
Tuesday, July 7, 2015 as proposed. Council Member Bill
Dodge seconded the motion. The motion carried
unanimously.
3. Consider a resolution approving the bid for the Big
Bear East Collector Line Improvement Project, for the
Public Works Department.
F-3 Memo
F-3 Resolution
F-3 Location Map
F-3 Attachment 1 - Bid Summary
F-3 Attachment 2 - Engineer's Letter of Recommendation
Mayor Pro Tem Rick Barnes made a motion to approve
Resolution No. 3643 approving the bid for the Big Bear
East Collector Line Improvement Project, from Kodiak
Trenching and Boring, LLC, of Grapevine, Texas, in the
amount of $2,848,673.00, for the Public Works
Department as proposed. Council Member Bill Dodge
seconded the motion. The motion carried unanimously.
4. Consider a resolution authorizing the City Manager to
execute an Interlocal Agreement for Library Services
with the City of Fort Worth, Texas.
F-4 Memo
F-4 Resolution
F-4 Interlocal Agreement
Mayor Pro Tem Rick Barnes made a motion to approve
Resolution No. 3644 authorizing the City Manager to
execute an Interlocal Agreement for Library Services
with the City of Fort Worth, Texas as proposed.
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Council Member Bill Dodge seconded the motion. The
motion carried unanimously.
5. Consider a resolution adopting the Tarrant County
Hazard Mitigation Action Plan, June 2015 as the City
of Keller's Multi-Hazard Mitigation Action Plan.
F-5 Memo
F-5 Resolution
F-5 Attachment Keller Mitigation Strategy
F-5 Attachment State Approval Pending Adoption Letter
Mayor Pro Tem Rick Barnes made a motion to approve
Resolution No. 3645 adopting the Tarrant County Hazard
Mitigation Action Plan, June 2015 as the City of
Keller's Multi-Hazard Mitigation Action Plan as
proposed. Council Member Bill Dodge seconded the
motion. The motion carried unanimously.
6. Consider a resolution approving an increase in the
Purchase Order with Nortex Concrete Lift and
Stabilization, for the Public Works Department.
F-6 Memo
F-6 Resolution
F-6 Interlocal Agreement
Mayor Pro Tem Rick Barnes made a motion to approve
Resolution No. 3646 approving an increase in the
Purchase Order with Nortex Concrete Lift and
Stabilization, in the total amount of $72,000.00, for
the Public Works Department as proposed. Council
Member Bill Dodge seconded the motion. The motion
carried unanimously.
7. Consider a resolution authorizing the City Manager to
execute an Interlocal Agreement with the Cities of
Colleyville, Roanoke, Southlake and the Town of Trophy
Club, Texas, for the purpose of operating a joint
controlled North Tarrant Regional Special Weapons and
Tactics (SWAT) Team.
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F-7 Memo
F-7 Resolution
F-7 Exhibit A
Mayor Pro Tem Rick Barnes made a motion to approve
Resolution No. 3647 authorizing the City Manager to
execute an Interlocal Agreement with the Cities of
Colleyville, Roanoke, Southlake and the Town of Trophy
Club, Texas, for the purpose of operating a joint
controlled North Tarrant Regional Special Weapons and
Tactics (SWAT) Team as proposed. Council Member Bill
Dodge seconded the motion. The motion carried
unanimously.
G. OLD BUSINESS - None
H. NEW BUSINESS
1. PUBLIC HEARING: Fiscal Year 2015-2016 Keller
Development Corporation Budget.
H-1 Memo
H-1 Attachment - KDC Memo
H-1 Proposed KDC Budget Summary
Mr. Cody Maberry, Director of Community Services and
Mr. Steve Groom, Chief Financial Officer, gave a
presentation relating to the Fiscal Year 2015-2016
Keller Development Corporation Budget.
Mayor Mark Mathews opened the public hearing. No
public comments were received. Mayor Pro Tem Rick
Barnes made a motion to close the public hearing.
Council Member Bill Hodnett seconded the motion. The
motion carried unanimously. Discussion was held by the
City Council.
2. PUBLIC HEARING: Consider a resolution approving an
amendment to the Land Use Element of the City of
Keller Master Plan to amend the Future Land Use
Plan/Map, for approximately 0.81-acres of land,
located on the southwest corner of Keller Parkway (FM
1709) and Bloomfield Drive intersection, at 1806
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Keller Parkway, being Tract 3A, out of the D.E. Elston
Survey, Abstract No. 498, from O (Office) to R
(Retail). Forestar Real Estate Group, owner. Ranghir
Kapoor, applicant/developer (LUP-15-0006)
H-2 Memo
H-2 Resolution
H-2 Exhibit A
H-2 Staff Attachment
H-2 Maps
Mr. David Hawkins, Planning Manager, gave a
presentation relating to Items H-2 and H-3, an
amendment to the Land Use Element of the City of
Keller Master Plan to amend the Future Land Use
Plan/Map, for approximately 0.81-acres of land,
located on the southwest corner of Keller Parkway (FM
1709) and Bloomfield Drive intersection, at 1806
Keller Parkway, being Tract 3A, out of the D.E. Elston
Survey, Abstract No. 498, from O (Office) to R
(Retail) and a Zoning Change from SF-LD (Single
Family-Low Density-36,000 square foot lots) to R
(Retail) for approximately 0.81-acres of land, located
on the southwest corner of Keller Parkway (FM 1709)
and Bloomfield Drive intersection, at 1806 Keller
Parkway, being Tract 3A, out of the D.E. Elston
Survey, Abstract No. 498.
Mr. Ben Fields, Fields Custom Homes, addressed the
City Council regarding the proposal.
Mayor Mathews opened the public hearings for Items H-2
and H-3. The following individuals spoke in opposition
of the proposed amendment to the Land Use Plan Element
of the City of Keller Master Plan and Zoning Change:
Mr. Harold Greenberg, 112 Audrey Drive; Mr. Dean
Barnes, 129 Audrey Drive; Ms. Vicky G. Birmingham, 125
Audrey Drive; and Ms. Linda Smariga, 116 Audrey Drive.
Council Member Debbie Bryan made a motion to close the
public hearing for Item H-2. Council Member Armin
Mizani seconded the motion. The motion carried
unanimously.
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Mayor Pro Tem Rick Barnes made a motion to close the
public hearing for Item H-3. Council Member Debbie
Bryan seconded the motion. The motion carried
unanimously. Discussion was held by the City Council.
Council Member Armin Mizani made a motion to deny a
resolution approving an amendment to the Land Use
Element of the City of Keller Master Plan to amend the
Future Land Use Plan/Map, for approximately 0.81-acres
of land, located on the southwest corner of Keller
Parkway (FM 1709) and Bloomfield Drive intersection,
at 1806 Keller Parkway, being Tract 3A, out of the
D.E. Elston Survey, Abstract No. 498, from O (Office)
to R (Retail). Council Member Debbie Bryan seconded
the motion. The motion carried unanimously.
3. PUBLIC HEARING: Consider an ordinance approving a
Zoning Change from SF-LD (Single Family-Low Density-
36,000 square foot lots) to R (Retail) for
approximately 0.81-acres of land, located on the
southwest corner of Keller Parkway (FM 1709) and
Bloomfield Drive intersection, at 1806 Keller Parkway,
being Tract 3A, out of the D.E. Elston Survey,
Abstract No. 498. Forestar Real Estate Group, owner.
Ranghir Kapoor, applicant/developer. (Z-15-0017)
H-3 Memo
H-3 Ordinance
H-3 Exhibit A
H-3 Staff Attachment (1of3)
H-3 Staff Attachment (2of3)
H-3 Staff Attachment (3of3)
H-3 Maps
Council Member Armin Mizani made a motion to deny an
ordinance approving a Zoning Change from SF-LD (Single
Family-Low Density-36,000 square foot lots) to R
(Retail) for approximately 0.81-acres of land, located
on the southwest corner of Keller Parkway (FM 1709)
and Bloomfield Drive intersection, at 1806 Keller
Parkway, being Tract 3A, out of the D.E. Elston
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Survey, Abstract No. 498. Mayor Pro Tem Rick Barnes
seconded the motion. The motion carried unanimously.
4. PUBLIC HEARING: Consider an ordinance approving a
Planned Development Zoning Change from SF-LD (Single
Family-Low Density-36,000 square foot lots) to PD-SF-
25 (Planned Development-Single Family-25,000 square
foot lots) for Bella Ridge, a proposed twelve (12) lot
single-family residential development with four (4)
open space lots, located on approximately 11.41-acres
of land, on the northwest side of the Randol Mill
Avenue and Florence Road intersection, at 842 and 850
Randol Mill and 2525 Florence Road, being portions of
Lot 1, Block A, Anchor Church Addition and Tracts 6b06
and 6b02, out of the Josiah Walker Survey, Abstract
No. 1604. SilverOak Real Estate Group,
owner/applicant/developer. Sage Group, designer.
(Z-15-0013)
H-4 Memo
H-4 Ordinance
H-4 Exhibit A (1of3)
H-4 Exhibit A (2of3)
H-4 Exhibit A (3of3)
H-4 Staff Attachment
H-4 Maps
Ms. Michele Berry, Planner II, gave a presentation
relating to a Planned Development Zoning Change from
SF-LD (Single Family-Low Density-36,000 square foot
lots) to PD-SF-25 (Planned Development-Single Family-
25,000 square foot lots) for Bella Ridge, a proposed
twelve (12) lot single-family residential development
with four (4) open space lots, located on
approximately 11.41-acres of land, on the northwest
side of the Randol Mill Avenue and Florence Road
intersection, at 842 and 850 Randol Mill and 2525
Florence Road.
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Mr. Curtis Young, Sage Group and Mr. James Tommy
Dreiling, SilverOak Development, addressed the City
Council regarding the proposal.
Mayor Mark Mathews opened the public hearing. No
public comments were received.
Council Member Armin Mizani made a motion to close the
public hearing. Council Member Bill Dodge seconded the
motion. The motion carried unanimously.
Council Member Bill Dodge made a motion to approve
Ordinance No. 1751 approving a Planned Development
Zoning Change from SF-LD (Single Family-Low Density-
36,000 square foot lots) to PD-SF-25 (Planned
Development-Single Family-25,000 square foot lots) for
Bella Ridge, a proposed twelve (12) lot single-family
residential development with four (4) open space lots,
located on approximately 11.41-acres of land, on the
northwest side of the Randol Mill Avenue and Florence
Road intersection, at 842 and 850 Randol Mill and 2525
Florence Road, being portions of Lot 1, Block A,
Anchor Church Addition and Tracts 6b06 and 6b02, out
of the Josiah Walker Survey, Abstract No. 1604 with
the following conditions:
1. The variance to allow an increase in garage door
area facing the street from seventy-two (72)
square feet to one-hundred forty-four (144)
square feet only for homes with four (4) car
garages and provided that the garage door is
decorative cedar wood and has a stain finish
shall be allowed.
2. The variance to allow for a cul-de-sac greater
than six-hundred feet (600’) in length with
individual sprinkler systems in homes on 5, 6, 7,
and 8 that exceed the six hundred foot (600’)
cul-de-sac length shall be allowed.
3. The variance to reduce the outside right-of-way
diameter from one hundred twenty feet (120') to
one-hundred ten feet (110’) with the condition
that the width of the utility easements is
increased by five feet (5’) and a
pedestrian/sidewalk easement is added where
needed on lots 5, 6, 7, and 8 shall be allowed.
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4. The minimum lot size shall be increased from
25,000 square feet to 30,000 square feet.
5. The minimum dwelling unit size shall be increased
from 2,400 square feet to 3,300 square feet.
6. An eight-foot (8’) tall cedar wood fence along
the north and west site boundaries shall be
required.
Council Member Armin Mizani seconded the motion. The
motion failed with the following vote:
AYES: Mayor Mark Mathews, Council Member Armin
Mizani, and Council Member Bill Dodge.
NAYS: Council Member Debbie Bryan, Council Member
Bill Hodnett, and Mayor Pro Tem Rick Barnes.
Mayor Mark Mathews recessed the Regular Meeting at
8:11 p.m. and called the Regular Meeting back to order
at 8:20 p.m.
Mayor Pro Tem Rick Barnes made a motion to approve
Ordinance No. 1751 approving a Planned Development
Zoning Change from SF-LD (Single Family-Low Density-
36,000 square foot lots) to PD-SF-25 (Planned
Development-Single Family-25,000 square foot lots) for
Bella Ridge, a proposed twelve (12) lot single-family
residential development with four (4) open space lots,
located on approximately 11.41-acres of land, on the
northwest side of the Randol Mill Avenue and Florence
Road intersection, at 842 and 850 Randol Mill and 2525
Florence Road, being portions of Lot 1, Block A,
Anchor Church Addition and Tracts 6b06 and 6b02, out
of the Josiah Walker Survey, Abstract No. 1604 with
the following conditions:
1. The variance to allow an increase in garage door
area facing the street from seventy-two (72)
square feet to one-hundred forty-four (144)
square feet only for homes with four (4) car
garages and provided that the garage door is
decorative cedar wood and has a stain finish
shall be allowed.
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2. The variance to allow for a cul-de-sac greater
than six-hundred feet (600’) in length with
individual sprinkler systems in homes on 5, 6, 7,
and 8 that exceed the six hundred foot (600’)
cul-de-sac length shall be allowed.
3. The variance to reduce the outside right-of-way
diameter from one hundred twenty feet (120') to
one-hundred ten feet (110’) with the condition
that the width of the utility easements is
increased by five feet (5’) and a
pedestrian/sidewalk easement is added where
needed on lots 5, 6, 7, and 8 shall be allowed.
4. The minimum lot size shall be increased from
25,000 square feet to 30,000 square feet.
5. The minimum dwelling unit size shall be increased
from 2,400 square feet to 4,000 square feet.
6. An eight-foot (8’) tall cedar wood fence along
the north and west site boundaries shall be
required.
Council Member Armin Mizani seconded the motion. The
motion carried with the following vote:
AYES: Mayor Mark Mathews, Council Member Armin
Mizani, Council Member Bill Dodge, and Mayor
Pro Tem Rick Barnes.
NAYS: Council Member Debbie Bryan, and Council
Member Bill Hodnett.
5. PUBLIC HEARING: Consider an ordinance approving a
Planned Development Zoning Change from C (Commercial)
to PD-C (Planned Development-Commercial) for Sam's
Club, a proposed 137,494 square-foot retail building
with associated fuel pumps and tire and battery
center, located on an approximately 12.4-acre
property, on the southeast corner of the Sports
Parkway and Golden Triangle Boulevard (FM 1709)
intersection, at 201, 203 and 213 Golden Triangle
Boulevard, being Lot 1, Block A, Athletic Village
Addition, Tracts 7F, 7G, and 9A out of the Jesse
Billingsley Survey, Abstract No. 70 and portions of
Tracts 7 and 7F2 out of the Jesse Billingsley Survey,
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Abstract No. 70. Shawn Robert Kelly, Amy Dawn Kelly,
Ed Keith, and Athletic Village of Keller, LTD.,
owners. Sam's Club Real Estate Business Trust,
applicant/developer. Kimley-Horn and Associates, Inc.,
engineer. (Z-15-0015)
H-5 Memo
H-5 Ordinance
H-5 Exhibit A (1of7)
H-5 Exhibit A (2of7)
H-5 Exhibit A (3of7)
H-5 Exhibit A (4of7)
H-5 Exhibit A (5of7)
H-5 Exhibit A (6of7)
H-5 Exhibit A (7of7)
H-5 Staff Attachment
H-5 Maps
Ms. Michele Berry, Planner II, gave a presentation
relating to a Planned Development Zoning Change from C
(Commercial) to PD-C (Planned Development-Commercial)
for Sam's Club, a proposed 137,494 square-foot retail
building with associated fuel pumps and tire and
battery center, located on an approximately 12.4-acre
property, on the southeast corner of the Sports
Parkway and Golden Triangle Boulevard (FM 1709)
intersection, at 201, 203 and 213 Golden Triangle
Boulevard.
Ms. Sarah Williamson, P.E., Kimley-Horn and
Associates, Inc., addressed the City Council regarding
the proposal.
Mayor Mark Mathews opened the public hearing.
Page 16 of 27
Ms. Tracey Norris, 300 King Trail, expressed concerns
with lighting and location of the Planned Development
Zoning Change for Sam’s Club.
Council Member Bill Dodge made a motion to close the
public hearing for Item H-5. Council Member Debbie
Bryan seconded the motion. The motion carried
unanimously. Discussion was held by the City Council.
Council Member Bill Dodge made a motion to approve
Ordinance No. 1752 approving a Planned Development
Zoning Change from C (Commercial) to PD-C (Planned
Development-Commercial) for Sam's Club, a proposed
137,494 square-foot retail building with associated
fuel pumps and tire and battery center, located on an
approximately 12.4-acre property, on the southeast
corner of the Sports Parkway and Golden Triangle
Boulevard (FM 1709) intersection, at 201, 203 and 213
Golden Triangle Boulevard, being Lot 1, Block A,
Athletic Village Addition, Tracts 7F, 7G, and 9A out
of the Jesse Billingsley Survey, Abstract No. 70 and
portions of Tracts 7 and 7F2 out of the Jesse
Billingsley Survey, Abstract No. 70, with the
following conditions:
1. The variance request to allow four (4) garage
doors to face Golden Triangle Boulevard with the
condition that the doors be screened with a
parallel landscape island, awnings, and that the
service area be defined by pilasters and colored
split-face masonry units as shown in Exhibit “A”
shall be allowed.
2. The variance request to waive the required
windows per Sections 9.01 (C.7), (C.10) and
(C.15) of the UDC shall be allowed.
3. The variance request to allow the use of
integrally colored split-face concrete masonry
units as the primary façade material shall be
allowed.
4. The variance request to the fifty-foot (50’)
articulation standard for the rear, south facing,
of the building shall be allowed.
5. A flat roof shall be allowed.
Page 17 of 27
6. The variance request to allow one (1) attached
sign to be one-hundred (100) square feet in area
and to allow two (2) additional wall signs up to
sixty-four (64) square feet in area shall be
allowed.
7. The variance request to allow two (2) monument
signs to be one hundred seven and one-third
(107.33) square feet in area shall be allowed.
8. The variance request to allow signs, (24”) in
height, to be placed on all four sides of the gas
station canopy shall be allowed.
9. The variance request to allow the temporary or
seasonal outdoor storage, display and sales for
up to one-hundred twenty (120) days per calendar
year, the area not to exceed five hundred (500)
square feet by right and not to exceed five
thousand (5,000) square feet, as shown on the
concept plan, by approval of the Community
Development Department, shall be allowed.
10. The variance request to allow parking at a ratio
of one (1) space per two hundred fifty (250)
square feet of floor area, including handicapped
parking space and potential shared parking shall
be allowed.
11. The variance request to allow parking lot spaces
to be nine and one-half feet (9.5’) wide and
eighteen feet (18’) long with drive aisles
between rows of parking to be twenty-five feet
(25’) wide shall be allowed.
12. The variance request to allow metal pipe cart
corrals shall be allowed.
13. The variance request to allow the loading and
unloading hours of 6:00 A.M. to 10:00 P.M to be
increased to 5:00 A.M. to 12:00 A.M shall be
allowed.
14. The variance request to not provide the required
screening wall along the southern property line
shall be allowed.
Page 18 of 27
15. The variance request to not enclose the trash
compactor with metal doors and use the twelve
foot (12’) tall screening wall to screen the
trash compactor and service area as soon in
Exhibit “A” shall be allowed.
16. The variance request to reduce the size of
landscape islands from nine feet (9’) by twenty
feet (20’) to nine feet (9’) by eighteen feet
(18’) shall be allowed.
17. The variance request to not provide a continuous
ten-foot (10’) wide landscape island for a large
parking lot with several rows of spaces shall be
allowed.
18. The variance request to reduce the width of the
buffer from thirty feet (30’) to twenty feet
(20’) along Golden Triangle Boulevard shall be
allowed.
19. The variance request to reduce the width of the
buffer from thirty feet (30’) to ten feet (10’)
along the southern boundary adjacent to Keller
Sport Park shall be allowed.
20. The variance request to not plant the five-foot
(5’) foundation planting around the front and
sides of the building but to provide four (4)
tree wells along the west side of the building
shall be allowed.
21. The variance request to increase the maximum
height of light poles from twenty feet (20’) to
forty feet (40’) and increase the maximum base
height from thirty inches (30”) to thirty-six
inches (36”) shall be allowed.
Council Member Bill Hodnett seconded the motion. The
motion carried unanimously.
6. Consider a resolution approving an appeal to the City
of Keller Unified Development Code, Article 10, Tree
Preservation, Section 10.01, Tree and Natural Feature
Preservation to allow advanced tree removal and lot
grading for Lots 1-10, Block A and Lots 1-18, Block B,
Oakbrook Hills Subdivision, a single-family
Page 19 of 27
residential subdivision consisting of twenty (20)
residential lots, six (6) open space lots, and two (2)
hike and bike trail lots, located on approximately
13.35 acres of land, on the southeast corner of the
Roanoke Road and Knox Road intersection, at 1732
Roanoke Road, and zoned PD-SF-20 (Planned Development-
Single Family Residential-20,000 square foot minimum).
Silveroak Real Estate Group, owner. Silveroak Land
Development Co., applicant/developer. Sage Group,
designer. (TB-15-0002)
H-6 Memo
H-6 Resolution
H-6 Exhibit A (1of2)
H-6 Exhibit A (2of2)
H-6 Staff Attachment (1of8)
H-6 Staff Attachment (2of8)
H-6 Staff Attachment (3of8)
H-6 Staff Attachment (4of8)
H-6 Staff Attachment (5of8)
H-6 Staff Attachment (6of8)
H-6 Staff Attachment (7of8)
H-6 Staff Attachment (8of8)
H-6 Maps
Mr. David Hawkins, Planning Manager, gave a
presentation relating to an appeal to the City of
Keller Unified Development Code, Article 10, Tree
Preservation, Section 10.01, Tree and Natural Feature
Preservation to allow advanced tree removal and lot
grading for Lots 1-10, Block A and Lots 1-18, Block B,
Oakbrook Hills Subdivision, a single-family
residential subdivision consisting of twenty (20)
residential lots, six (6) open space lots, and two (2)
hike and bike trail lots, located on approximately
Page 20 of 27
13.35 acres of land, on the southeast corner of the
Roanoke Road and Knox Road intersection, at 1732
Roanoke Road.
Mr. Kelly Dykes, applicant, addressed the City Council
regarding the proposal.
Mayor Mark Mathews made a motion to approve Resolution
No. 3648 approving an appeal to the City of Keller
Unified Development Code, Article 10, Tree
Preservation, Section 10.01, Tree and Natural Feature
Preservation to allow advanced tree removal and lot
grading for Lots 1-10, Block A and Lots 1-18, Block B,
Oakbrook Hills Subdivision, a single-family
residential subdivision consisting of twenty (20)
residential lots, six (6) open space lots, and two (2)
hike and bike trail lots, located on approximately
13.35 acres of land, on the southeast corner of the
Roanoke Road and Knox Road intersection, at 1732
Roanoke Road, and zoned PD-SF-20 (Planned
Development-Single Family Residential-20,000 square
foot minimum) with the following condition:
1. The applicant shall replant up to the full amount
of trees to match the total caliper inches being
removed (1,370 caliper inches).
Council Member Armin Mizani seconded the motion.
Council Member Debbie Bryan made a motion to amend the
main motion to add to the condition that each tree
shall be a minimum of four-inch (4”) caliper in size
at time of planting. Council Member Armin Mizani
seconded the motion. The motion to amend carried
unanimously. The main motion with the amendment
carried with the following vote:
AYES: Mayor Mark Mathews, Council Member Debbie
Bryan, Council Member Armin Mizani, Council
Member Bill Dodge, and Mayor Pro Tem Rick
Barnes.
NAYS: Council Member Bill Hodnett.
7. Consider a resolution approving an amendment to a
previously approved tree mitigation plan appeal to the
City of Keller Unified Development Code, Article 10,
Page 21 of 27
Tree Preservation, Section 10.01, Tree and Natural
Feature Preservation to allow advanced tree removal
and lot grading for residential Lots 1-4, 9-10, 19-20,
22-23, 26, 31-33, 35 and open space Lot 2, Block A of
The Trails at Bear Creek, a proposed development
consisting of thirty-five (35) residential lots, three
(3) open space lots, and one (1) commercial lot,
located on approximately 37.6-acres of land, on the
east side of Rufe Snow Drive across from Barbara Lane,
at 545 Rufe Snow Drive, being tracts out of the
William H. Slaughter Survey, Abstract No. 1431 and the
Pamela Allen Survey, Abstract No. 28, and zoned as PD-
SF-25 (Planned Development-Single Family Residential-
25,000 square foot minimum) and PD-C (Planned
Development-Commercial). M/I Homes of Dallas,
owner/applicant/developer. Cody Johnson Studios,
Landscape Architect. Engineering Concepts and Design,
L.P., engineer. (TB-15-0003)
H-7 Memo
H-7 Resolution
H-7 Exhibit A
H-7 Staff Attachment (1of2)
H-7 Staff Attachment (2of2)
H-7 Maps
Mr. David Hawkins, Planning Manager, gave a
presentation relating to an amendment to a previously
approved tree mitigation plan appeal to the City of
Keller Unified Development Code, Article 10, Tree
Preservation, Section 10.01, Tree and Natural Feature
Preservation to allow advanced tree removal and lot
grading for residential Lots 1-4, 9-10, 19-20, 22-23,
26, 31-33, 35 and open space Lot 2, Block A of The
Trails at Bear Creek, a proposed development
consisting of thirty-five (35) residential lots, three
(3) open space lots, and one (1) commercial lot,
located on approximately 37.6-acres of land, on the
east side of Rufe Snow Drive across from Barbara Lane,
at 545 Rufe Snow Drive.
Page 22 of 27
Mr. Cody Johnson, Cody Johnson Studio, LLC and Mr.
Adam Whitworth, M/I Homes, addressed the City Council
regarding the proposal.
Council Member Bill Hodnett made a motion to approve
Resolution No. 3649 approving an amendment to a
previously approved tree mitigation plan appeal to the
City of Keller Unified Development Code, Article 10,
Tree Preservation, Section 10.01, Tree and Natural
Feature Preservation to allow advanced tree removal
and lot grading for residential Lots 1-4, 9-10, 19-20,
22-23, 26, 31-33, 35 and open space Lot 2, Block A of
The Trails at Bear Creek, a proposed development
consisting of thirty-five (35) residential lots, three
(3) open space lots, and one (1) commercial lot,
located on approximately 37.6-acres of land, on the
east side of Rufe Snow Drive across from Barbara Lane,
at 545 Rufe Snow Drive, being tracts out of the
William H. Slaughter Survey, Abstract No. 1431 and the
Pamela Allen Survey, Abstract No. 28, and zoned as PD-
SF-25 (Planned Development-Single Family Residential-
25,000 square foot minimum) with the following
condition:
1. The developer, M/I Homes, provide maintenance and
irrigation of the trees planted in open space
lots for two (2) years.
Council Member Armin Mizani seconded the motion. The
motion carried unanimously.
8. Consider a resolution approving a Preliminary Plat for
Ottinger Place, a proposed residential subdivision
consisting of eight (8) residential lots, located on a
8.08-acre tract of land, being Tracts 9b and 9b01a out
of the Jesse Gibson Survey, Abstract No. 592, located
on the east side of Ottinger Road, approximately 1,010
feet north of Knox Road, at 2035 and 2075 Ottinger
Road, and zoned SF-LD (Single Family-Low Density-
36,000 square foot lots). Garner Trust, owner.
Silveroak Land Development, applicant. Spry Surveyors,
surveyor. Hamilton Duffy, PC, engineer. (PP-15-0003)
H-8 Memo
H-8 Resolution
Page 23 of 27
H-8 Exhibit A
H-8 Maps
Mr. David Hawkins, Planning Manager, gave a
presentation relating to a Preliminary Plat for
Ottinger Place, a proposed residential subdivision
consisting of eight (8) residential lots, located on a
8.08-acre tract of land, being Tracts 9b and 9b01a out
of the Jesse Gibson Survey, Abstract No. 592, located
on the east side of Ottinger Road, approximately 1,010
feet north of Knox Road, at 2035 and 2075 Ottinger
Road.
Mr. Keith Hamilton, Hamilton Duffy, addressed the City
Council regarding the proposal.
Council Member Bill Dodge made a motion to deny a
resolution approving a Preliminary Plat for Ottinger
Place, a proposed residential subdivision consisting
of eight (8) residential lots, located on a 8.08-acre
tract of land, being Tracts 9b and 9b01a out of the
Jesse Gibson Survey, Abstract No. 592, located on the
east side of Ottinger Road, approximately 1,010 feet
north of Knox Road, at 2035 and 2075 Ottinger Road,
and zoned SF-LD (Single Family-Low Density-36,000
square foot lots). Mayor Pro Tem Rick Barnes seconded
the motion. The motion carried with the following
vote:
AYES: Council Member Debbie Bryan, Council Member
Bill Dodge, Council Member Bill Hodnett, and
Mayor Pro Tem Rick Barnes
NAYS: Mayor Mark Mathews, and Council Member Armin
Mizani.
9. Consider a resolution approving a Site Plan for
Stoneglen Office Park, an 11,981 square-foot office
complex, containing two (2) office buildings, on
approximately 1.56 acres of land on the southeast
corner of Bourland Road and Stoneglen Drive, being Lot
6R5, Block B, Stoneglen Addition, at 610 Stone Glen
Drive, and zoned R (Retail). Recnad LLC, owner. Prime
Advantage Enterprises Inc., applicant. Stoval-James
and Associates, engineer/architect. (SP-15-0011)
Page 24 of 27
H-9 Memo
H-9 Resolution
H-9 Exhibit A (1of2)
H-9 Exhibit A (2of2)
H-9 Staff Attachment
H-9 Maps
Mr. David Hawkins, Planning Manager, gave a
presentation relating to a Site Plan for Stoneglen
Office Park, an 11,981 square-foot office complex,
containing two (2) office buildings, on approximately
1.56 acres of land on the southeast corner of Bourland
Road and Stoneglen Drive, being Lot 6R5, Block B,
Stoneglen Addition, at 610 Stone Glen Drive.
Mr. John Dancer, applicant, addressed the City Council
regarding the proposal.
Council Member Armin Mizani made a motion to approve
Resolution No. 3650 approving a Site Plan for
Stoneglen Office Park, an 11,981 square-foot office
complex, containing two (2) office buildings, on
approximately 1.56 acres of land on the southeast
corner of Bourland Road and Stoneglen Drive, being Lot
6R5, Block B, Stoneglen Addition, at 610 Stone Glen
Drive, and zoned R (Retail) with the following
conditions:
1. The variance request to reduce the landscape
buffer along Bourland Road from thirty feet (30’)
to fifteen (15’) shall be allowed.
2. The variance request to reduce the landscape
buffer along Stoneglen Drive to ten feet (10’)
shall be allowed.
3. The variance request to allow the trees to be
installed along the northern edge of the south
landscape buffer in lieu of being centered within
the buffer shall be allowed.
Page 25 of 27
4. The variance request to reduce the length of the
parking lot island near the northeast corner of
Building 100, as indicated on the Site Plan in
Exhibit “A” shall be allowed.
5. The variance to allow one (1) parking island on
the northeast corner of Building 100, to not have
the required canopy tree as indicated on the
Landscape Plan in Exhibit “A” shall be allowed.
6. The variance to waive the requirement for
foundation planting along portions of the
building as shown on the Landscape Plan in
Exhibit “A” shall be allowed.
Mayor Pro Tem Rick Barnes seconded the motion. The
motion carried unanimously.
I. DISCUSSION - None
J. EXECUTIVE SESSION
1. Section 551.087, Texas Government Code - Deliberation
Regarding Economic Development Negotiations.
(1) To discuss or deliberate regarding commercial or
financial information that the governmental body
has received from a business prospect that the
governmental body seeks to have locate, stay, or
expand in or near the territory of the
governmental body and with which the governmental
body is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other
incentive to a business prospect described by
Subdivision.
J-1 Memo
2. Section 551.071, Texas Government Code - Consultation
with attorney to seek advice about pending or
contemplated litigation or a settlement offer or other
matters permitted by such section.
a. Hall vs. City of Keller.
Page 26 of 27
b. Tree Ordinance Citations: 1740 Oakbrook Drive,
1736 Oakbrook Drive, 1733 Oakbrook Drive, 1732
Oakbrook Drive, 1728 Oakbrook Drive, 1725
Oakbrook Drive, 1717 Oakbrook Drive, 1713
Oakbrook Drive, 1709 Oakbrook Drive, 1112
Oakbrook Hills Court, 1115 Oakbrook Hills Court,
1119 Oakbrook Hills Court, and 8739 Davis Blvd.
J-2 Memo
3. Section 551.072, Texas Government Code - Deliberate
the purchase, exchange, lease, or value of real
property.
a. Tracts 8A, 8B, 9I, 6G and 6HI, Abstract No. 1171,
Samuel Needham Survey, City of Keller, Tarrant
County, Texas.
J-3 Memo
4. Section 551.071(2), Texas Government Code - To seek
advice from the City Attorney on a matter in which the
duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with this
chapter.
a. Atlas Pipeline.
J-4 Memo
5. Adjourn into Open Meeting.
6. Action on Executive Session Items 1, 2a, 2b, 3a, and
4a if necessary.
Item 1 – No action was taken.
Item 2a – Mayor Pro Tem Rick Barnes made a motion to
approve that the Mayor or City Manager sign an
engagement letter with the Law Firm of Taylor and
Olsen pertaining to Hall vs. City of Keller as
reviewed in Executive Session. Council Member Debbie
Bryan seconded the motion. The motion carried
unanimously.
Page 27 of 27
Item 2b – No action was taken.
Item 3a – No action was taken.
Item 4a – No action was taken.
K. ADJOURN
Mayor Pro Tem Rick Barnes made a motion to adjourn the
meeting at 10:07 p.m. Council Member Bill Hodnett seconded
the motion. The motion carried unanimously.
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MAYOR
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CITY SECRETARY