2005-05-17 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: MAY 17.2005
LOCATION:
1400 Main.Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Call to order.
2. Discussion of all items on tonight's meeting agenda. No action will be taken and
each item will be considered during the Regular Session.
REGULAR SESSION: 6:00 P.M. or immediately followin2 the work session
1. Call to order.
2.
A.
Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be held.
under these exceDtions. at the end of the Re2ular Session or at any
time durin2 the meetin2 that a need arises for the City Council to seek
advice from the City Attorney as to the Dosted subiect matter of this
City Council meetin2.
1. Section 551.071 : Consultation with attorney
a. Seek advice of the city attorney regarding changes In
property values based upon tax exempt status.
b. R.E. and Marilyn Smith vs. City of Southlake.
c. Seek advice of the city attorney regarding Town Hall
construction issues.
d. Seek advice of the city attorney regarding the Pin Oak
Estates Residential Developer's Agreement.
e. Seek advice of the city attorney regarding Gifford
Court/Enterprise Drive issues.
f. Seek advice of the city attorney regarding the Rural
Conservation Subdivision zoning district.
2. Section 551.087: Deliberation re2ardin2 economic develoDment
ne2otiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Todd Renner, White's Chapel United Methodist Church
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City of Southlake
City Council meeting agenda
May 17, 2005
Page 2 of6
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. Financial Report
D. Local Business Report
CONSENT AGENDA
All items listed below are considered to be routine by the City Council and will be
enacted with one motion. There will be no separate discussion of items unless a
Councilmember or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
S. Consent:
A. Approve the minutes for the May 3, 200S, regular City Council meeting.
B. Authorize the City Manager to enter into an Interlocal Agreement with
Tarrant Appraisal District for Pictometry License.
C. ZAOS-041, Plat Revision for proposed Lots 7 through 14, Block 3R,
Cimmarron Acres Addition; being a revision of Lots SRI through SRS,
6Rl, and 6R2, Block 3, Cimmarron Acres Addition located on the
northeast comer of Pearson Lane and West Southlake Boulevard. Current
Zoning: SF-IA Single Family Residential District and C-2 Local Retail
Commercial District. SPIN Neighborhood #IS.
D. Authorize the City Manager to enter into an agreement with the U.S.
Army Corps of Engineers for placement of a historical marker.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-4S4, (ZAOS-022), 2nd Reading, Zoning Change and
Concept Plan for The Shops at Southlake (Southlake Central Park -
Central Market), being approximately 29 acres located on the southeast
comer of East Southlake Boulevard and South Carroll Avenue; and being
legally described as Tract 7A, J. A. Freeman Survey, Abstract No. S29.
Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood
#7. PUBLIC HEARING
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City of Southlake
City Council meeting agenda
May 17,2005
Page 3 of 6
B. ZA05-023, Preliminary Plat for The Shops At Southlake (Southlake
Central Park - Central Market), being approximately 29 acres located on
the southeast comer of East Southlake Boulevard and South Carroll
Avenue. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #7.
C. Ordinance No. 480-455, (ZA05-027), 2nd Reading, Zoning Change and
Concept Plan for proposed Lot 21, T.M Hood No. 706 Addition, being
legally described as Tract l1A02, T.M. Hood Survey, Abstract No. 706.
The property is located at 600 Shady Oaks Drive. Current Zoning: AG
Agricultural District. Requested Zoning: SF-20A Single Family
Residential District. SPIN Neighborhood #13. PUBLIC HEARING
D. Resolution No. 05-008, (ZA04-090), Specific Use Permit for a
telecommunications antenna located on Lot lR, Block 1, Carroll High
School Addition located at 1501 West Southlake Boulevard. Current
Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #16.
PUBLIC HEARING
E. ZA05-016, Site Plan for St. John Baptist Church located on the southwest
comer of Crooked Lane and South Kimball Avenue. Current Zoning: CS
Community Service District. SPIN Neighborhood #8. PUBLIC
HEARING
F. ZA05-032, Revised Site Plan for Lot 3, Block 2, Gateway Plaza Phase II,
Red Hot and Blue located at 2750 East Southlake Boulevard, Suite 100.
Current Zoning: S-P-2 Generalized Site Plan District with C-3 General
Commercial District uses. SPIN Neighborhood #7. PUBLIC HEARING
G. Resolution No. 05-024, (ZA05-042), Specific Use Permit for the sale of
alcoholic beverages at Red Hot and Blue located at 2750 East Southlake
Boulevard, Suite 100. Current Zoning: S-P-2 Generalized Site Plan
District with C-3 General Commercial District uses. SPIN Neighborhood
#7. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-456 (ZA05-020), 1 st Reading, Zoning Change and
Concept Plan for proposed Kimball Hills being legally described as Tracts
3, 3B, 3C, and 3D, lA. Freeman Survey, Abstract No. 529, located at 616
and 620 South Kimball Avenue. Current Zoning: AG Agricultural District.
Requested Zoning: SF-20A Single Family Residential District. SPIN
Neighborhood #8. (If approved at first reading, the public hearing will be
held June 7, 2005.)
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City of Southlake
City Council meeting agenda
May 17, 2005
Page 4 of 6
B. Ordinance No. 480-457 (ZA05-033), 1st Reading, Zoning Change for
Tracts 2A, 2A1, 2A6, and 2A7, C. Dart Survey, Abstract No. 2003; Tracts
4A1 and 4D, W. Martin Survey, Abstract No. 1068, located at 1285,2195
Randol Mill Avenue and 1340 Robin Lane. Current Zoning: AG
Agricultural District. Requested Zoning: SF-1A Single Family Residential
District. SPIN Neighborhood #12. (If approved at first reading, the public
hearing will be held June 7, 2005.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Authorize the Mayor to execute a Commercial Developer's Agreement for
the construction of Parkwood Drive and the associated public utilities to
serve French Square Office Complex.
B. Consider SP05-112, Variance to the Sign Ordinance No. 704-B for The
Carpet Mill Outlet, Inc., located at 2360 East State Highway 114, Suites
2354 and 2356.
11. Other items for discussion: (There are no items on this agenda.)
12. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, May 13, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori A. Farwell, TRMC g t: f \ ~ i
City Secretary ; 0 \ J 0) j
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If you plan to attend this public meeting and hft~,a ;Pifiii~...Ift"'at requires special needs, please
advise the City Secretary's Office 48 hours irt"tI~~ at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council meeting agenda
May 17, 2005
Page 5 of 6
EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This
includes the following pending and/or contemplated litigation subjects:
1. City of South lake vs. Timarron et.a!. May 2001.
2. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003.
3. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
4. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon
Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R.
Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004.
5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City
of South lake. March 2005.
Section 551.072: Deliberation ree:ardine: real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation ree:ardine: prospective e:ift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation ree:ardine: personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in the
City Secretary's Office.
Section 551.076: Deliberation ree:ardine: security devices
The City Council may deliberate the deployment, or specific occasIOns for
implementation of security personnel or devices.
Section 551.087: Deliberation ree:ardine: economic development nee:otiations
The City Council may discuss or deliberate regarding commercial or financial
information received from a business prospect that the city seeks to have locate, stay, or
expand in or near the city and which the City is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business
prospect as described above.
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City of Southlake
City Council meeting agenda
May 17, 2005
Page 6 of6
Section 418.183(0: Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to
information regarding security measures or security systems intended to protect public
and private property from an act of terrorism. The Texas Disaster Act specifically
requires that a tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetine:s to discuss emere:encv manae:ement plans
ree:ardine: pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and/or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
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OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: MAY 17. 2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith
Shankland and Deputy Mayor Pro Tern Carolyn Morris; andCouncilmembers Gregory
Jones"and John Terrell (left meeting at 7: 16 p.m.).
CITY COUNCIL ABSENT: Councilmembers Laura K. Hill and Virginia M. Muzyka.
STAFF PRESENT: City Manager Shana Yelverton, Interim Deputy City Manager
Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim
Bush, Library Administrator Kerry McGeath, Manager of Technical Services Gary
Gregg, Information Systems Technician Sam Cobb, Deputy Director of Community
Services Steve Polasek, Director of Economic Development Greg Last, Director of
Finance Sharen Elam, Director of Planning Ken Baker, Chief Planner Dennis Killough,
Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie
Thomas, City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5 :31
p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items
8B and lOA were added to the consent agenda. The work session ended at 6:00 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:00 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City
Council would be going into EX,ecutive Session pursuant to the Texas Government Code,
Section 551.071, consultation with city attorney, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 6:00 p.m. Executive Session began at 6:28 p.m. and ended at 7:16 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:20 p.m. The Mayor asked if there was any action necessary as a result of the
Executive Session. No action was necessary.
Councilmember Terrell left the meeting at 7:16 p.m.
Agenda Item No.3. Invocation. The invocation was given by Todd Renner from White's
Chapel United Methodist Church. Mayor Wambsganss led the pledge of allegiance.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 17, 2005
Page 1 of 10
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Agenda Item No. 4A. Mayor's Revort. Mayor Wambsganss announced upcommg
meetings and eyents.
Agenda Item No. 48. City Manager's RelJort. There was no report giyen.
Agenda Item No. 4C. Financial Report. A written report was included in the Council's
packets.
Agenda Item No. 4D. Local Business Report. Director Last introduced Ron Gentry from
Kincaid's Hamburgers who introduced his business to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 5A. ADDrOye the minutes for the May 3. 2005. regular City Council
meeting. Approyed as presented.
Agenda Item No. 58. Authorize the City Manager to enter into an Interlocal Agreement
with Tarrant ADDraisal District for Pictometrv License. Director Baker presented this
item to Council during the work session.
Agenda Item No. 5C. ZA05-041. Plat Revision for Droposed Lots 7 through 14. Block
3R. Cimmarron Acres Addition; being a revision of Lots 5R1 through 5R5. 6R1. and
6R2. Block 3. Cimmarron Acres Addition located on the northeast comer of Pearson
Lane and West Southlake Boulevard. Current Zoning: SF-1A Single Family Residential
District and C-2 Local Retail Commercial District. SPIN Neighborhood #15. Chief
Planner Killough presented this item to Council during the work session.
Agenda Item No. 5D. Authorize the City Manager to enter into an agreement with the
U.S. Army Corps of Engineers for Dlacement of a historical marker. Deputy Director
Polasek presented this item to Council during the work session.
Agenda Item No. 88. Ordinance No. 480-457 (ZA05-033t 1 st Reading. Zoning Change
for Tracts 2A. 2Al. 2A6. and 2A7. C. Dart Survey. Abstract No. 2003; Tracts 4A1 and
4D. W. Martin Survey. Abstract No. 1068. located at 1285. 2195 Randol Mill Avenue
and 1340 Robin Lane. Current Zoning: AG Agricultural District. Reauested Zoning: SF-
lA Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough
presented this item to Council during the work session.
Agenda Item No. lOA. Authorize the Mayor to execute a Commercial Developer's
Agreement for the construction of Parkwood Drive and the associated Dublic utilities to
serve French Square Office Complex. Deputy Director Thomas presented this item to
Council during the work session. Applicant Bruce Gaston, 1828 Boyd Court, Carrollton,
Texas, answered Council's questions on this item. He agreed that with city
reimbursement, he would place wrought iron fencing and shrubs at the time of
construction to prohibit traffic from crossing over into the Senior Center parking lot.
REGULAR CITY COUNCIL MEETING MINUTES, MAY 17, 2005
Page 2 of 10
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Motion was made to approve consent agenda items 5A; 5B; 5C subject to Plat Review
Summary No.1, dated April 29, 2005; 5D; 8B; and lOA requiring staff to develop a plan
providing a barrier and protecting the Senior Center area from cut-through traffic with
plantings and/or fencing to be installed by the applicant and to be reimbursed by the City.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. Marke Smith thanked the City Council for their
support of the recent Leukemia Cup Regatta.
Agenda Item No. 7 A. Ordinance No. 480-454. (ZA05-022t 2nd Reading. Zoning Change
and Concept Plan for The Shot's at Southlake (Southlake Central Park - Central Market).
being approximately 29 acres located on the southeast comer of East Southlake
Boulevard and South Carroll Avenue: and being legallv described as Tract 7A. J. A.
Freeman Survey. Abstract No. 529. Current Zoning: S-P-2 Generalized Site Plan District.
SPIN Neighborhood #7. Chief Planner Killough presented this item to Council.
Applicant David Palmer from Cencor Realty introduced members of the Central Market
team to Council: Todd Pilon, Stephen Butt, Greg Beam, Karen Easterling, and Janet
Seltzer. He presented this item and answered Council's questions. Council discussed this
item. In accordance with Section 4.21 of the City Charter, the caption for this term is
listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS
OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACT 7A, SITUATED IN THE JOHN A. FREEMAN SURVEY,
ABSTRACT NO. 529, AND BEING APPROXIMATELY 29.13 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "S-P-2"
GENERALIZED SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN
DISTRICT WITH LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES, AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHffiIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
REGULAR CITY COUNCIL MEETING MINUTES, MAY 17, 2005
Page 3 of 10
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OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
The following people spoke in opposition:
Mark and Lesli Griffith, 1210 Westmont Drive, Southlake, Texas; and,
Thomas Drake, 1212 Westmont Drive, Southlake, Texas.
The following people spoke in support:
Ken Grossman, 217 Westwood Drive, Southlake, Texas;
Joe Kienast, 1518 Main Street, Southlake, Texas;
Brian Zvonecek, 513 Fox Glen, Southlake, Texas;
Carolyn Hobbs, 1404 Chimney Works, Southlake, Texas;
Lennie Segal, 1025 Davis Boulevard, Southlake, Texas;
Noriko Kimball, 680 Truelove Trail, Southlake, Texas; and,
Jay Marsh, 1627 Mockingbird Lane, Southlake, Texas.
The following people did not speak but recorded their opposition:
Sam Poonawala, 302 Lakeside Court, Southlake, Texas;
The following people did not speak but recorded their support:
Tom Julia, 1504 Main Street, Southlake, Texas;
Robert Loepp, 907 Brazos Drive, Southlake, Texas;
Deanna Kienast, 1518 Main Street, Southlake, Texas;
Mike and Rita Mills, 714 Wentwood Drive, Southlake, Texas;
Carol Smith, 1008 Hanover Drive, Southlake, Texas;
Muguette Alder, 606 Chandon Court, Southlake, Texas;
Peggy Firestone, 1403 Chardonnay Court, Southlake, Texas;
Maureen Julian, 504 Morningside Drive, Southlake, Texas;
Vicki and Jerry Kight, 509 Regency Crossing, Southlake, Texas;
Beate Egerton, 604 Chandon Court, Southlake, Texas;
Liz Jackson, 505 Regency Crossing, Southlake, Texas;
Penny Pannell, 1429 Kensington Court, Southlake, Texas; and,
Pattie Minder, 223 Eastwood Southlake, Texas.
A petition, in support, with seven names was also presented to Council.
Mayor Wambsganss closed the public hearing. '
Motion was made to approve Ordinance No. 480-454, (ZA05-022), 2nd Reading, Zoning
Change and Concept Plan for The Shops at Southlake (Southlake Central Park - Central
Market), subject to the Revised Concept Plan Review Summary No.2, dated May 11,
2005 and the conditions of the first reading approval with the following amendments:
· Incorporating the "Design Guidelines for the Shops of Southlake" into the "S-P-
2" zoning development regulations as presented in the City Staff Report dated
REGULAR CITY COUNCIL MEETING MINUTES, MAY 17, 2005
Page 4 of 10
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May 11,2005;
. Eliminating movie theaters, auditoriums and kennels or boarding facilities as
permitted uses; ''-'
. Requiring the building architecture to meet or exceed the standards demonstrated
by the rendering provided at tonight's meeting;
. Requiring the landscape buffer along the south boundary of the development to
meet or exceed the standards demonstrated by the plan presented at tonight's
meeting such that it still remains compliant with City regulations;
. Providing dual left turn lanes on north bound Carroll Avenue at the intersection of
East Southlake Boulevard in addition to the traffic enhancement
recommendations noted in the City Staff Report dated May 11, 2005;
. Clarifying that the building setbacks along South Carroll Avenue and East
Southlake Boulevard shall be based on the existing R.O.W. as shown on the plan
(this is to accommodate any R.o. w: dedication needed for traffic mitigation
improvements);
. Requiring Central Market to be the anchor tenant; and,
. With the site plan, providing an acoustic barrier or device to mitigate any noise
related issues along the south boundary line of the site in accordance with the
analysis and recommendations of an acoustic engineer.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Shankland
Jones, Morris, Shankland, Wambsganss
None
4-0
Agenda Item No. 7B. ZA05-023. Preliminary Plat for The Shoos At Southlake
(Southlake Central Park - Central Market). being aovroximatelv 29 acres located oil the
southeast comer of East Southlake Boulevard and South Carroll Avenue. Current Zoning:
S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner Killough
presented this item to Council.
Motion was made to approve ZA05-023 subject to Revised Plat Review Summary No.2,
dated May 11,2005.
Motion: Jones
Second: Morris
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4-0
REGULAR CITY COUNCIL MEETING MINUTES, MAY 17, 2005
Page 5 of 10
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Mayor Wambsganss called for a break at 8:56 p.m. Mayor Wambsganss reconvened the
meeting at 9:18 p.m.
Agenda Item No. 7C. Ordinance No. 480-455. (ZA05-027t 2nd Reading. Zoning Change
and Conceot Plan for proposed Lot 21. T.M Hood No. 706 Addition. being legally
described as Tract l1A02. T.M. Hood Survey. Abstract No. 706. The property is located
at 600 Shady Oaks Drive. Current Zoning: AG Agricultural District. Reauested Zoning:
SF-20A Single Familv Residential District. SPIN Neighborhood #13. Chief Planner
Killough presented this item to Council. In accordance with Section 4.21 of the City
Charter, the caption for this term is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS
OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACT llA2, SITUATED IN THE THOMAS M. HOOD SURVEY,
ABSTRACT NO. 706, BEING APPROXIMATELY 1.00 ACRE, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "AG" AGRICULTURAL
DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT
TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-455, (ZA05-027), 2nd Reading, Zoning
Change and Concept Plan for proposed Lot 21, T.M Hood No. 706 Addition subject to
Concept Plan Review Summary No. 1 dated April 15, 2005.
Motion: Jones
Second: Shankland
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4-0
Agenda Item No. 7D. Resolution No. 05-008. (ZA04-090t Specific Use Permit for a
telecommunications antenna located on Lot lR. Block 1. Carroll High School Addition
located at 1501 West Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan
District. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council.
Applicant Peter Kavanagh, 1620 Handley, Drive, Suite A, Dallas, Texas, made a
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presentation and answered Council's questions. In accordance with Section 4.21 of the
City Charter, the caption for this term is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS
TOWERS, ANTENNAS AND ANCILLARY STRUCTURES ON PROPERTY
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
LOT lR, BLOCK lR, CARROLL HIGH SCHOOL ADDITION, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHffiIT "A", AND AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHffiIT "B" AND PROVIDING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Rick McGovern, 1406 Cambridge Crossing, Southlake, Texas, spoke in opposition.
Mike and Rita Mills, 714 Wentwood Drive, Southlake, Texas, did not wish to speak but
recorded their support.
Mayor Wambsganss closed the public hearing.
Motion was made to approve Resolution No. 05-008, (ZA04-090), Specific Use Permit
for a telecommunications antenna located on Lot lR, Block 1, Carroll High School
Addition, subject to Site Plan Review Summary No. 2~ dated January 14, 2005, and
subject to the Planning and Zoning Commission's recommendations, maintaining the
light tan color in perpetuity.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4-0
Agenda Item No. 7E. ZA05-016. Site Plan for St. John Baptist Church located on the
southwest comer of Crooked Lane and South Kimball Avenue. Current Zoning: CS
Communitv Service District. SPIN Neighborhood #8. Chief Planner Killough presented
this item to Council. Applicant Rodney Johnson, 3610 Bentfield Place, Arlington, Texas,
made a presentation and answered Council's questions. Architect Ron Mabry, 100 South
College, Tyler, Texas, answered Council's questions.
Mayor Wambsganss opened the public hearing.
Pattie Minder, 223 Eastwood Drive, Southlake, Texas spoke in support.
Mayor Wambsganss closed the public hearing.
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Motion was made to approve ZA05-016, Site Plan for St. John Baptist Church, subject to
Site Plan Review Summary No.3, dated April 29, 2005, requiring the applicant to work
with staff to create a more efficient layout of driveways and interior circulation; subject
to the Planning and Zoning Commission's recommendations; and incorporating as an
exhibit the new drawing showing the expanded bufferyard and the relocation of the
detention pond to the 1-1 zoned lot to the south and making the appropriate changes to the
parking lot.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Morris
Jones, Morris, Shankland, Wambsganss
None
4-0
Agenda Item No. 7F. ZA05-032. Revised Site Plan for Lot 3. Block 2. Gateway Plaza
Phase II. Red Hot and Blue located at 2750 East Southlake Boulevard. Suite 100. Current
Zoning: S-P-2 Generalized Site Plan District with C-3 General Commercial District uses.
SPIN Nei~borhood #7. Chief Planner Killough presented this item to Council.
Applicant Paul Timmons, 7624 Silverleaf Drive, North Richland Hills, Texas, answered
Council's questions.
Mayor Wambsganss opened the public hearing.
Robert Loepp, 907 Brazos Drive, Southlake, Texas did not speak but recorded his support
of this item.
Mayor Wambsganss closed the public hearing.
Motion was made to approve ZA05-032, Revised Site Plan for Lot 3, Block 2, Gateway
Plaza Phase II, Red Hot and Blue subject to Revised Site Plan Review Summary No.2,
dated April 29, 2005, recognizing the applicant's agreement to brick the east side of the
storage facility to match the east side of the building; recognizing the applicant's
willingness to enhance the outside seating area with. plantings; and noting the pavement
area shown on the drawing for pick-ups will be removed per approval of the Fire
Marshal.
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Jones
Jones, Morris, Shankland, Wambsganss
None
4-0
Agenda Item No. 7G. Resolution No. 05-024. (ZA05-042t Soecific Use Permit for the
sale of alcoholic beverages at Red Hot and Blue located at 2750 East Southlake
Boulevard. Suite 100. Current Zoning: S-P-2 Generalized Site Plan District with C-3
General Commercial District uses. SPIN Neighborhood #7. Mayor Wambsganss read this
item into the record. In accordance with Section 4.21 of the City Charter, the caption for
this term is listed as follows:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED AT 2750 E. SOUTHLAKE BOULEVARD, SUITE 100, BEING LEGALLY
DESCRIBED AS A PORTION OF LOT 3, BLOCK 2, GATEWAY PLAZA PHASE II,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A", AND AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHffiIT "B" AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05-024, (ZA05-042), Specific Use Permit
for the sale of alcoholic beverages at Red Hot and Blue located at 2750 East Southlake
Boulevard, Suite 100, for a term of ten years.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4-0
Agenda Item No. 8A. Ordinance No. 480-456 (ZA05-020). 1 st Reading. Zoning Change
and Concept Plan for proposed Kimball Hills being legally described as Tracts 3. 3B. 3C.
and 3D. J.A. Freeman Survey. Abstract No. 529. located at 616 and 620 South Kimball
Avenue. Current Zoning: AG Agricultural District. Reauested Zoning: SF-20A Single
Family Residential District. SPIN Neighborhood #8. Chief Planner Killough presented
this item to Council. Applicant Marcel Bosworth, 620 South Kimball Avenue, Southlake,
Texas, answered Council's questions.
Mayor allowed the following people to speak.
Pattie Minder, 223 Eastwood Drive, Southlake, Texas, addressed several concerns
regarding this item.
Jeff Wang, 595 South Kimball Avenue, Southlake, Texas, spoke in support.
Motion was made to approve Ordinance No. 480-456 (ZA05-020), 1 st Reading, Zoning
Change and Concept Plan for proposed Kimball Hills, subject to Concept Plan Review
Summary No.3, dated April 29, 2005, subject to the recommendations of the Planning
and Zoning Commission; stating that this will be a public street with a street stub to the
south with the exact location to be determined; accepting applicant's commitment to put
masonry fencing on the south side to a point where the property no longer joins the 1-1
zoned . property; requiring the drainage to be controlled on site; recognizing the
applicant's commitment to place trees along the west property line; recognizing the
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applicant's commitment to evaluate the possibility of making the street curvilinear; and
recognizing that the end lot on the cul-de-sac will become one large lot.
Motion: Morris
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4-0
Agenda Item No. lOB. Consider SP05-112. Variance to the Sign Ordinance No. 704-B
for The Carpet Mill Outlet. Inc.. located at 2360 East State Highway 114. Suites 2354
and 2356. Chief Planner Killough presented this item to Council. Applicants Kathy Niles,
2356 Highway 114, Southlake, Texas, and Scott Burt, Waynco Sign Graphics, 4613
Manning Drive, Colleyville, Texas, answered Council's questions. Council discussed this
request.
Motion was made to table Agenda Item No. lOB, SP05-112, to the June 7, 2005, Council
meeting and to allow a banner sign of up to a maximum of 112 square feet to be placed
on the storefront for a period of time up to 45 days.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Shankland, Wambsganss
Nays: None
Approved: 4-0
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
11 :36 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
/\~
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dy Waibsganss
Mayor
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