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2016-02-02 ViCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 2. 2016 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor Laura Hill, Deputy Mayor Pro Tern Brandon Bledsoe, and Councilmembers Gary Fawks, John Huffman, Shawn McCaskill and Shahid Shafi. CITY COUNCIL ABSENT: Mayor Pro Tern Randy Williamson. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Deputy Director of Communications Pilar Schank, Chief Financial Officer Sharen Jackson, Director of Economic Development and Tourism Shannon Hamons, Director of Community Services Chris Tribble, Deputy Director of Community Services Kate Meacham, Deputy Director of Community Services Candice Edmondson, Assistant to the Director of Community Services Cassie Tucker, Police Chief James Brandon, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Information Technology Greg Hendricks, Senior Director of Planning and Development Services Ken Baker, Planner Lorrie Fletcher, Deputy Director of Public Works Operations Cristina McMurray, City Attorney E. Allen Taylor, and City Secretary Lori Payne. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Hill at 5:30 p.m. 2. INVOCATION Clayton Reed gave the invocation. Mayor Hill led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Director of Economic Development and Tourism Shannon Hamons introduced Lynn Matarelli with Cinnaholic. Ms. Matarelli provided a description of the services provided, hours of operation, and location of business. 4. HONORS AND RECOGNITIONS REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 1 of 19 4A. PROCLAMATION FOR THE SOUTHLAKE EMPLOYEE APPRECIATION WEEK Mayor Hill presented a proclamation in recognition of the City of Southlake Employee Appreciation Week to be held the week of February 8 — 12, 2016. She recognized that Southlake employees demonstrate a strong work ethic and a commitment to provide superior customer service. Mayor Hill recognized that our employees take pride in adherence to the City's core values on a daily basis. Several employees who will receive specific awards during the week were present to receive the proclamation on behalf of all City employees and Mayor Hill announced the names of all award winners: • Director Awards: Peter Kao, Ricky Davis, Robert Briggs, Humberto Arriaga, Jerod Potts, David Chancey, Elsie Rice • Superhero Value Awards: Frank Molinets, Ben Williamson, Sharon Guess, Delaney Green, Micah Davis, Andrew Merrick, Lacey Lovelace • Kristin Pitzinger Customer Service: Cynthia Pfledderer • Special Lifesaving Award: Dennis Killough 4B. PROCLAMATION FOR THE SOUTHLAKE TITANS 12U FLAG FOOTBALL STATE CHAMPIONS Mayor Hill presented a proclamation in recognition of the Southlake 12U Flag Football Team for becoming the Texas Amateur Athletic Federation 12 and Under Flag Football State Champions. Mayor Hill presented the proclamation to Head Coach Carlos Reyes, Assistant Coach Jeff Blanchard, and team members. Mayor Hill announced the names of the team members: Zan Ali, Eric Blanchard, Ben Estis, Drake Hamilton, Cameron Hem, Julius Hultsch, Avyonne Jones, Russell Maryland "RJ", Grant Michael, Roman Rolle, Max Reyes, Clark Springs, and Carson Wert. 5. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Hill reviewed the consent agenda items. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Hill at 5:55 p.m. 2A. EXECUTIVE SESSION REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 2 of 19 Mayor Hill announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney. City Council adjourned for Executive Session at 5:55 p.m. Executive Session began at 6:09 p.m. and concluded at 6:52 p.m. 2B. RECONVENE Mayor Hill reconvened the meeting at 7:02 p.m. Mayor Hill asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. 3A. MAYOR'S REPORT Mayor Hill briefly announced upcoming meetings and events. 3B. CITY MANAGER'S REPORT 3BA. LIVEFIT SOUTHLAKE PRESENTATION Director of Community Services Chris Tribble presented information about this new program and was available to answer questions from Council. REGULAR AGENDA: 4. CONSENT AGENDA Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Hill read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE JANUARY 19, 2016 REGULAR CITY COUNCIL MEETING. 4B. ORDINANCE NO. 1141, 1ST READING, ADOPT ORDINANCE TO ABANDON A PORTION OF PERMANENT DRAINAGE EASEMENT AS RECORDED IN INSTRUMENT D207253111 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SITUATED IN THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, MORE SPECIFICALLY DESCRIBED AS LOT 4R, BLOCK 1, MIRON ADDITION, RECORDED IN CABINET A, SLIDE 3901, OF PLAT RECORDS OF TARRANT COUNTY, TEXAS. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD FEBRUARY 16, 2016.) 4C. AWARD CONTRACT FOR CITYWIDE LANDSCAPE SERVICES TO O'DONNELL'S LANDSCAPE SERVICES, INC. 4D. APPROVE A NAME FOR THE LIBRARY AT LEGENDS HALL. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 3 of 19 City Council approved the name of"Dick McCauley Library" in honor of Mr. McCauley's many contributions to help senior citizens in Southlake. 4E. AUTHORIZE CONTRACT RENEWAL FOR CITY TREE SERVICES TO ALPINE TREE SERVICE, INC., ARBOR MASTERS TREE SERVICE, AND SMITH LAWN AND TREE. 4F. CITY COUNCIL CONFIRMATION OF THE CITY MANAGER'S APPOINTMENT OF ROBERT M.COHEN AS THE DIRECTOR OF PUBLIC WORKS. 4G. APPROVE AN ANNUAL PURCHASE AGREEMENT WITH MARTIN MARIETTA MATERIALS, INC. FOR AGGREGATE STREET MATERIALS THROUGH AN INTERLOCAL AGREEMENT WITH THE CITY OF GRAPEVINE. 4H. AUTHORIZE CONTRACT RENEWAL WITH BLAGG TIRE AND SERVICE FOR CITY OF SOUTHLAKE PREVENTATIVE MAINTENANCE AND GENERAL REPAIR SERVICES FOR LIGHT AND MEDIUM DUTY VEHICLES. 41. AUTHORIZE CONTRACT RENEWAL WITH GRAPEVINE FORD FOR CITY OF SOUTHLAKE PREVENTATIVE MAINTENANCE AND GENERAL REPAIR SERVICES FOR HEAVY DUTY AND SPECIALTY VEHICLES. 4J. RESOLUTION NO. 16-005, CALL A GENERAL ELECTION FOR MAY 7, 2016. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 7, 2016; ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN EFFECTIVE DATE. 4K. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH SOUTHLAKE WOMEN'S CLUB FOR THE 2016 ART IN THE SQUARE EVENT. 4L. CONSIDER APPROVAL OF AMENDMENT TO BOARDS AND COMMISSIONS MANUAL. 4M. ORDINANCE NO. 907A, 1ST READING, AN AMENDMENT TO CHAPTERS 10 "HEALTH AND SANITATION, ARTICLE V "PUBLIC SMOKING" AND 12 "PARKS AND RECREATION, ARTICLE II "CITY PARKS," OF THE SOUTHLAKE CITY CODE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD FEBRUARY 16, 2016.) Kyle Newton, 525 Commerce Street, Southlake, Texas spoke to Council during the work session and stated his opposition to these ordinance changes. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 4of19 4N. SV15-011, VARIANCE TO THE SIGN ORDINANCE NO. 704-H REGULATIONS FOR EDWARD JONES LOCATED AT 560 NORTH KIMBALL AVENUE, SUITE 120, SOUTHLAKE, TEXAS. TABLED ITEMS: 40. RESOLUTION NO. 15-052, (ZA15-109), SPECIFIC USE PERMIT FOR A RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY BEING DESCRIBED AS LOT 57, BLOCK 4, SOUTH RIDGE LAKES ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 402 SOUTHRIDGE LAKES PARKWAY, SOUTHLAKE, TEXAS. CURRENT ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6. PUBLIC HEARING City Council tabled item 40 indefinitely stating that staff will readvertise when the applicant is ready to bring the item forward. 9A. ZA15-134, PRELIMINARY PLAT FOR LOTS 2R1 AND 2R2, H. GRANBERRY NO. 581 ADDITION ON PROPERTY DESCRIBED AS LOT 2R, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 720 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT. SPIN #10. Council took no action on items 9A and 9B and moved the items to the consent agenda with no action. 9B. ZA15-133, PLAT REVISION FOR LOTS 2R1 AND 2R2, H. GRANBERRY NO. 581 ADDITION ON PROPERTY DESCRIBED AS LOT 2R, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 720 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT. SPIN #10. Council took no action on items 9A and 9B and moved the items to the consent agenda with no action. APPROVED A motion was made to approve the consent agenda as presented and as follows: • Item 4D, approving the name of"Dick McCauley Library" for the small reading library in Legends Hall at The Marq Southlake; REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 5 of 19 • Item 4N, approving the sign variance for Edward Jones to place one attached sign on the east elevation of the building facing Kimball, noting that the existing tenant at Suite 140 will not be permitted a sign; • Item 40 to table indefinitely and stating that if the item is to be considered at a future date, staff will readvertise the application; and, • Adding items 9A and 9B stating that Council is taking no action on these two items. Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi Approved: 6-0 5. PUBLIC FORUM Mayor Hill opened the public forum. There being no one wishing to speak, Mayor Hill closed the public forum. Mayor Hill announced that Items 7A and 7B would be heard next. 7A. ORDINANCE NO. 1130 (CP15-002), 1st READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS LOT 1R1 AND 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3JIB, 3J2, 3J1C, AND 3JIA, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TEXAS LOCATED AT 800 WEST SOUTHLAKE BOULEVARD, 250 SHADY OAKS DRIVE AND 980, 1000, 1100, 1110, AND 1120 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD FEBRUARY 16, 2016.) DENIED Senior Director of Planning and Development Services Ken Baker presented this item and answered questions from Council. Applicants Rob Paul of Toll Brothers and Traci Shannon Yost Kilmer of Dowdey, Anderson &Associates, Inc. presented this item and answered Council's questions. The following comment cards were received for items 7A and 7B: Lynda West, 306 Sterling Court, Southlake, Texas registered opposition; Andi Stone, 2839 Raintree Drive, Southlake, Texas registered opposition; James Keoughan, 501 Stratford, Southlake, Texas registered opposition; REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 6 of 19 Gunnar West, 306 Sterling Court, Southlake, Texas registered opposition; Erthel Mincey, Stone Lakes Drive, Southlake, Texas registered opposition; Derek Paulsen, 3500 Sunrise Ranch Road, Southlake, Texas registered opposition; Richard E. Morgan, 402 Donley Court, Southlake, Texas registered opposition; Jean and Larry Flynn, 304 Sterling Court, Southlake, Texas registered opposition; Rich and Gina French, 606 Llano Court, Southlake, Texas registered opposition; Tracey Hale, 1111 Travis Court, Southlake, Texas registered opposition; Susan K. and Stephen Smith, 105 Woodglen Court, Southlake, Texas registered opposition; Scott and Monica Meeks, 308 Blanco Circle, Southlake, Texas registered opposition; Becky and Richard Stiefel, 310 Blanco Circle, Southlake, Texas registered opposition; Craig Rothmeier, 803 Shadow Glen Drive, Southlake, Texas registered support; Anne and Jack Miritelle, 312 Blanco Circle, Southlake, Texas registered opposition; Michele Cline, 114 Harvard Drive, Southlake, Texas registered opposition; and, Doug Turlip, 1413 Stone Lakes Drive, Southlake, Texas registered support. A motion was made to deny Ordinance No. 1130 (CP15-002), 1st Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential on property described as Lot 1R1 and 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 3H, 3H1, 3J, 3J1, 3J 1 B, 3J2, 3J 1 C, and 3JIA, Littleberry G. Hall Survey, Abstract No. 686, City of Southlake, Texas located at 800 West Southlake Boulevard, 250 Shady Oaks Drive and 980, 1000, 1100, 1110, and 1120 West Southlake Boulevard. Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi Approved: 6-0 (to deny) 7B. ORDINANCE NO. 480-707 (ZA15-105), 1st READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR GLENMORE ON PROPERTY DESCRIBED AS LOT 1R1 AND 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1B, 3J2, 3J1C, AND 3J1A, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TEXAS LOCATED AT 800 WEST SOUTHLAKE BOULEVARD, 250 SHADY OAKS DRIVE AND 980, 1000, 1100, 1110, AND 1120 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD FEBRUARY 16, 2016.) DENIED The names and responses of residents who submitted comment cards for items 7A and 7B are listed above. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 7 of 19 A motion was made to deny Ordinance No. 480-707 (ZA15-105), 1st Reading, Zoning Change and Development Plan for Glenmore. Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi Approved: 6-0 (to deny) Councilmember Huffman recused himself from the Council Chamber and submitted a Conflict of Interest Affidavit for Items 6A, 6B and 6C. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 1136 (CP15-003), 2"d READING, LAND USE PLAN AMENDMENT TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS TRACTS 7A1, 7A2, 7A1A, 7A1A1, AND 7B, BEING PORTIONS OF LOT 7, R. P. ESTES SUBDIVISION AND TRACTS 1A AND 1A1, JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 800, 848 AND 812 WEST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: NONE. PROPOSED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. PUBLIC HEARING TABLED Senior Director of Planning and Development Services Ken Baker presented the item and answered questions from Council. Project Engineer Bob Dollak, presented items 6A, 6B, and 6C simultaneously and answered Council's questions. Mayor Hill opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Hill closed the public hearing. A motion was made to approve Ordinance No. 1136 (CP15-003), 2"d Reading, Land Use Plan Amendment to Medium Density Residential on property described as Tracts 7A1, 7A2, 7A1A, 7A1A1, and 7B, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1, James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and located at 800, 848 and 812 West State Highway 114, Southlake, Texas. Motion: Bledsoe Second: Fawks REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 8of19 Ayes: Bledsoe, Fawks, McCaskill Nays: Hill, Shafi Motion Failed: 3-2 A second motion was called for item 6A as the first motion failed. A motion was made to table Ordinance No. 1136 (CP15-003), 2nd Reading, Land Use Plan Amendment to Medium Density Residential on property described as Tracts 7A1, 7A2, 7A1A, 7A1A1, and 7B, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1, James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and located at 800, 848 and 812 West State Highway 114, Southlake, Texas to the March 1, 2016 City Council meeting (March 2, 2016 was initially stated but was later clarified to mean the March 1, 2016 City Council meeting). Motion: Fawks Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, McCaskill, Shafi Approved: 5-0 (to table) 6B. ORDINANCE NO. 480-709 (ZA15-137), 2nd READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR SOUTHLAKE MEADOWS PHASE III ON PROPERTY DESCRIBED AS TRACTS 7A1, 7A2, 7A1A, 7A1A1, AND 7B, BEING PORTIONS OF LOT 7, R. P. ESTES SUBDIVISION AND TRACTS 1A AND 1A1, JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 800, 848 AND 812 WEST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: NONE. PROPOSED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. PUBLIC HEARING TABLED Applicant Mehrdad Moayedi of Centurion American addressed Council and asked to table to the first meeting in March. A motion was made to table Ordinance No. 480-709 (ZA15-137), 2nd Reading, Zoning Change and Development Plan for Southlake Meadows Phase III to the March 1, 2016 City Council meeting (March 2, 2016 was initially stated but was later clarified to mean the March 1, 2016 City Council meeting). Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, McCaskill, Shafi Approved: 5-0 (to table) 6C. ZA15-138, PRELIMINARY PLAT FOR SOUTHLAKE MEADOWS PHASE III ON PROPERTY DESCRIBED AS TRACTS 7A1, 7A2, 7A1A, 7A1A1, AND 7B, REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 9of19 BEING PORTIONS OF LOT 7, R. P. ESTES SUBDIVISION AND TRACTS 1A AND 1A1, JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 800, 848 AND 812 WEST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: NONE. PROPOSED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. TABLED A motion was made to table ZA15-138, Preliminary Plat for Southlake Meadows Phase III to the March 1, 2016 City Council meeting (March 2, 2016 was initially stated but was later clarified to mean the March 1, 2016 City Council meeting). Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, McCaskill, Shafi Approved: 5-0 (to table) Councilmember Huffman rejoined the City Council meeting. 6D. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 6E. RESOLUTION NO. 16-003, (ZA15-146) SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES FOR CASUAL LIVING ON PROPERTY DESCRIBED AS LOT 5R2, T. EASTER NO. 474 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 2801 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S-P-2" GENERALIZED SITE PLAN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented the item and answered questions from Council. Applicant Keith Kennington, 1638 San Francisco Street, Carrolton, Texas presented this item and answered Council's questions. Mayor Hill opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Hill closed the public hearing. A motion was made to approve Resolution No. 16-003, (ZA15-146) Specific Use Permit for Outdoor Sales or Services for Casual Living subject to the following: a • The SUP will be approved for one year; REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 10 of 19 • the dates of the event will be April 2-3, 2016 and September 17-18, 2016; • the event area will be approximately 54 feet x 60 feet and located pursuant to the Staff Report and presentation this evening; • A 3 foot x 12 foot lawn banner sign will be permitted to be installed no sooner than the Friday at Noon the week before the event and will be removed as soon as the event is completed; • The approval is subject to the applicant's representations made to Council this evening; and, • Noting that Council sees this site as a unique and challenged location and the merits of the application warrant the approval of the SUP. Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi Approved: 6-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT TO ALLOW OUTDOOR SALES OR SERVICES FOR CASUAL LIVING LOCATED ON PROPERTY DESCRIBED AS LOT 5R2, T. EASTER NO. 474 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 2801 E. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. 6F. ZA15-072, SITE PLAN FOR MAINSTREET TRANSITIONAL FACILITY CARE / POST-ACUTE CARE ON PROPERTY BEING DESCRIBED AS LOT 2, BLOCK 1 OF THE BONOLA FAMILY ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 2540 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS ON 5.68 ACRES. CURRENT ZONING: "C-3" GENERAL COMMERCIAL DISTRICT. SPIN #4. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented the item and answered questions from Council. City Attorney Allen Taylor explained the vesting claim made by this property owner and the process of how this development is before City Council for reconsideration. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 11 of 19 Applicants Chris Alexander of Mainstreet Investments, 14390 Clay Terrace, Carmel, Indiana and Marty Phillips with GreenbergFarrow, 5500 Democracy Drive, Plano, Texas presented the item and answered questions from Council. Mayor Hill opened the public hearing and read the following comment cards into the record for persons not wishing to speak: Gary and Katherine Glore of Fort Worth, Texas registered support; Curt Duwe, 2220 North Pearson Lane, Westlake, Texas registered support; Renita Sloan, 1407 Northridge Drive, Southlake, Texas registered support; M. Duwe, 2220 North Pearson Lane, Westlake, Texas registered support; !mad Phelps, 710 Heatherglen Drive, Southlake, Texas registered support; Sean Lee, 403 Osprey Court, Southlake, Texas registered support; Steve Tippett, 2680 East State Highway 114, Southlake, Texas registered support; William West, 1009 Michael Sean Court, Bedford, Texas registered support; Mitchell Green, 2720 East State Highway 114, Southlake, Texas registered support; Kris Schwendinger, 702 Kent Court, Southlake, Texas registered support; Melissa Jones, 2720 East State Highway 114, Southlake, Texas registered support; Kaitlyn Bonola, 2680 East State Highway 114, Southlake, Texas registered support; Bridgett Johnson, 2720 East State Highway 114, Southlake, Texas registered support; Garrett Sims, 3119 Lake Drive, Southlake, Texas registered support; Drew and Angelique Schlosser, 915 Parkview Lane, Southlake, Texas registered support; Jeff Canada, 2608 Southlake Boulevard, Southlake, Texas registered support; Tim Bradford, 405 Shady Lane, Southlake, Texas registered support; Ching Lau, 2850 Brockwood Lane, Southlake, Texas registered opposition; Dorothy Bauer, 2850 Raintree Drive, Southlake, Texas registered opposition; A.C. Urbanosky, 2859 Raintree Drive, Southlake, Texas registered opposition; Donna Miller, 2509 Rolling Lane, Southlake, Texas registered opposition; Robert Foree, 1004 Shady Lane, Southlake, Texas registered opposition; Judy Wright, 1004 Shady Lane, Southlake, Texas registered opposition; Carol Unruh, 2760 Raintree Drive, Southlake, Texas registered opposition; Kim Itzle, 2849 Brookwood Lane, Southlake, Texas registered opposition; Margaret Weddel, 2489 Raintree Drive, Southlake, Texas registered opposition; Helen Clary, 415 Shady Lane, Southlake, Texas registered opposition; Suresh Reddy, 820 Simmons Court, Southlake, Texas registered opposition; Dr. Samantha Chandupatla, 820 Simmons Court, Southlake, Texas registered opposition; Bill and Vonna Hubbard, 2740 Raintree Drive, Southlake, Texas registered opposition; Danise Absher, 410 Shady Lane, Southlake, Texas registered opposition; Kay Absher, 410 Shady Lane, Southlake, Texas registered opposition; Robert Fusella, 409 Shady Lane, Southlake, Texas registered opposition; and, Alan Cowen, 2848 Brookwood Lane, Southlake, Texas registered opposition. The following persons spoke on this item: Ximena Peryea, 2820 Rainforest Court, Southlake, Texas spoke in opposition; Andi Stone, 2839 Raintree Drive, Southlake, Texas spoke in opposition; REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 12 of 19 Tim Miller, 2509 Rolling Lane, Southlake, Texas spoke in opposition; Kristen Bonola, 2680 East State Highway 114, Southlake, Texas spoke in support; Michel Fusella, 409 Shady Lane, Southlake, Texas spoke in opposition; Kevin Middleton, 425 Shady Lane, Southlake, Texas spoke in opposition; Martin Peryea, 2820 Rainforest Court, Southlake, Texas spoke in opposition; Scott Satcher, 2725 Raintree Court, Southlake, Texas spoke in opposition; Rob Sloan, 1407 Northridge Drive, Southlake, Texas spoke in support; Carol Feldman, 635 Westwood Drive, Richardson, Texas spoke in opposition; David Stanhope, 2530 Greenbough Lane, Southlake, Texas spoke in opposition; Dr. Joe Bonola, 1800 Barrington, Roanoke, Texas spoke in support; Stephanie Basinger, 2869 Rainforest Court, spoke in opposition; Carol Lance LaTurno, 413 Shady Lane, Southlake, Texas spoke in opposition; Dr. Marybeth Crane, 305 St. Tropez Drive, Southlake, Texas, spoke in support; David Dowd, 2900 Hillcastle Drive, Southlake, Texas spoke in opposition; Brent Sheffield, 800 Simmons Court, Southlake, Texas spoke in opposition; Lloyd Satterfield, 2417 Greenbough Lane, Southlake, Texas spoke in opposition; Carol Dowd, 2900 Hillcastle Lane, Southlake, Texas spoke in opposition; Dr. Joe Bonola, 1800 Barrington, Roanoke, Texas addressed comments; and, Tim Shutes, 2845 Hillcastle Lane, Southlake, Texas spoke in opposition. Mayor Hill closed the public hearing. Mr. Alexander addressed Council's questions. Fire Chief Mike Starr and Police Chief James Brandon addressed Council's questions. Mayor Hill announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney. City Council adjourned for Executive Session at 10:33 p.m. Executive Session began at 10:35 p.m. and concluded at 10:39 p.m. Mayor Hill reconvened the meeting at 10:42 p.m. A motion was made to approve ZA15-072, Site Plan for Mainstreet Transitional Facility Care / Post-Acute Care subject to Staff Report dated January 26, 2016 and Revised Site Plan Review Summary No. 7, dated January 26, 2016 and noting the following additions: • the approved site plan includes the developer option presented to Council this evening and includes 71 parking spaces and 66,333 square feet of buildable area; • regarding the masonry retaining wall located on the north and northwestern site plan boundaries, it shall be constructed of a masonry, modular block material and will be engineered according to City of Southlake standards; • regarding the eight foot fence on northern boundary of the property, it will be relocated on top of the masonry wall that was referenced earlier only to the REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 13 of 19 extent that the northwest portion of that wall that begins to curve to the southwest, at the beginning of that radius, is where the wall will terminate and, in lieu, the eight foot fence will then continue on the north boundary line on to the western corner of the property; • applicant will clarify with landscape administrator the offsite trees which are shown to be saved and that those are indeed offsite trees and not included in calculations for tree mitigation; • noting the applicant will in good faith work with TxDOT to apply for an additional driveway on the western boundary of the property along the State Highway 114 access road and noting that in the event there is a variance created by an approved driveway therein, that any variances pursuant to City of Southlake's ordinances regarding driveway stacking and spacing would be pre-approved with this motion; • further the applicant will work with city staff to mitigate the extent of those variances if indeed found to the extent possible; • further clarifying the eastern drive that is currently shown on the site plan will become a right-in driveway if the western drive is approved and that the new driveway, if approved by TxDOT, will allow ingress and egress; and, • to the extent allowed pursuant to the licensure under TDAS, any mobility or transportation will not have any type of warning or sirens or signals. Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill Nays: Shafi Approved: 5-1 6G. ORDINANCE NO. 1133, 2nd READING, ADOPT ORDINANCE TO DEDICATE PERMANENT MUNICIPAL UTILITY EASEMENT ON CITY-OWNED PROPERTY LOT 11, BLOCK 3R OF THE CIMMARRON ACRES ADDITION. PUBLIC HEARING APPROVED Director of Public Works Bob Price presented the item and answered questions from Council. Mayor Hill opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Hill closed the public hearing. A motion was made to approve Ordinance No. 1133, 2nd Reading, Adopt ordinance to dedicate permanent municipal utility easement on City-owned property Lot 11, Block 3R of the Cimmarron Acres Addition. Motion: Bledsoe REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 14 of 19 Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi Approved: 6-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE DEDICATING A PERMANENT UTILITY EASEMENT FOR A WATERLINE AND ACROSS A PORTION OF CITY OWNED PROPERTY AT THE CIMMARRON ACRES ADDITION. BEING ALL THAT TRACT OF LAND IN THE CITY OF SOUTHLAKE, TARRANT, COUNTY TEXAS A PART OF THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18 AND BEING A PART OF LOT 11, BLOCK 3R, CIMMARRON ACRES, AN ADDITION OF THE CITY OF SOUTHLAKE RECORDED IN CABINET A, SLIDE 10554, P.R.T.C.T; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 1130 (CP15-002), 1st READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS LOT IRI AND 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1 B, 3J2, 3J1C, AND 3JIA, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TEXAS LOCATED AT 800 WEST SOUTHLAKE BOULEVARD, 250 SHADY OAKS DRIVE AND 980, 1000, 1100, 1110, AND 1120 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD FEBRUARY 16, 2016.) DENIED Items 7A and 7B were considered earlier in the evening. 7B. ORDINANCE NO. 480-707 (ZA15-105), 1st READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR GLENMORE ON PROPERTY DESCRIBED AS LOT 1R1 AND 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1B, 3J2, 3J1C, AND 3JIA, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TEXAS LOCATED AT 800 WEST SOUTHLAKE BOULEVARD, 250 SHADY OAKS DRIVE AND 980, 1000, REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 15 of 19 1100, 1110, AND 1120 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD FEBRUARY 16, 2016.) DENIED Items 7A and 7B were considered earlier in the evening. 7C. ORDINANCE NO. 480-657B (ZA15-142), 1St READING, ZONING CHANGE AND CONCEPT/SITE PLAN FOR THE OFFICES AT KIMBALL PARK ON PROPERTY DESCRIBED AS TRACTS 3AIA AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 400 AND 470 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S-P-2" GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: "S-P-2" GENERALIZED SITE PLAN DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD FEBRUARY 16, 2016.) APPROVED Senior Director of Planning and Development Services Ken Baker presented the item and answered questions from Council. Applicant Jeff Medici presented this item and answered Council's questions. Architect Dennis Gulseth answered Council's questions. A motion was made to approve Ordinance No. 480-657b (ZA15-142), 1st Reading, Zoning Change and Concept/Site Plan for The Offices at Kimball Park subject to Staff Report dated January 26, 2016 and Concept/Site Plan Review Summary No. 3, dated January 25, 2016 and noting: • Council is granting variances approved in original zoning and concept plan approved on March 4, 2014; • Approval of a stacking depth of 17.6 feet on North Kimball Avenue driveway and 34.2 feet of stacking depth shown on State Highway 114 driveway, rather than the minimum depth of 150 feet; • Lot configuration does not meet the requirement that every lot front on a public or private street; • Requiring that prior to the second reading, the applicant will address the landscaping variances around garage; • Noting the applicant will mitigate the articulation variances noted on the building and the garage and noting some willingness to somewhat relax on the articulation on north side of garage, however, there still needs to be stone veneer REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 16 of 19 or column treatments at a minimum throughout the garage elevations on the north, south, east and west; and, • Requiring elastomeric coating samples on the buildings to the extent to help Council understand the architectural and physical qualities of that building material prior to the second reading. Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi Approved: 6-0 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: 9A. ZA15-134, PRELIMINARY PLAT FOR LOTS 2R1 AND 2R2, H. GRANBERRY NO. 581 ADDITION ON PROPERTY DESCRIBED AS LOT 2R, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 720 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT. SPIN #10. MOVED TO CONSENT— NO ACTION TAKEN Earlier in the evening, Council took no action on items 9A and 9B and moved the items to the consent agenda with no action. 9B. ZA15-133, PLAT REVISION FOR LOTS 2R1 AND 2R2, H. GRANBERRY NO. 581 ADDITION ON PROPERTY DESCRIBED AS LOT 2R, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 720 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT. SPIN #10. MOVED TO CONSENT— NO ACTION TAKEN Earlier in the evening, Council took no action on items 9A and 9B and moved the items to the consent agenda with no action. Mayor Hill announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney. City Council adjourned for Executive Session at 11:56 p.m. Executive Session began at 11:58 p.m. and concluded at 12:01 a.m. Mayor Hill reconvened the meeting at 12:02 a.m. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 17 of 19 9C. SV15-012, VARIANCE TO THE SIGN ORDINANCE NO. 704-H REGULATIONS FOR CHILOSO LOCATED AT 2251 EAST SOUTHLAKE BOULEVARD, SUITE 150, SOUTHLAKE, TEXAS. DENIED Planner Lorrie Fletcher stated the applicant is not present for this item and did not make a presentation. A motion was made to deny SV15-012, Variance to the Sign Ordinance No. 704-H regulations for Chiloso. Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi Approved: 6-0 (to deny) 9D. MSP15-005, MASTER SIGN PLAN FOR CHILDREN'S HEALTH LOCATED AT 470 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. APPROVED Planner Lorrie Fletcher presented this item and answered questions from Council. Applicants Heather Chandler and Bernie Babendure of Babendure Design Group presented this item and answered Council's questions. A motion was made to approve MSP15-005, Master Sign Plan for Children's Health subject to Staff Report dated January 26, 2016 and noting approval of Option 2 with an arched top (as shown on Option 3) and removal of the arrows. Motion: Bledsoe Second: Fawks Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi Approved: 6-0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Hill adjourned the meeting at 12:09 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 18 of 19 ///(1,4 Laura-1.141Tecta IcJ to i l l i aw►Son Mayor Pao TEwm, ATTEST: jvAx•pt„%%%%%%%.%ill,,,, `,••%(011-11-11k6.1Y8 ,,,e,' 4( se e ` s Y Lori Payne, TRM = ' __ City Secretary •cn y e rve ......N••• `•• REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2016 Page 19 of 19