2006-01-03 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JANUARY 3, 2006
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 following 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(D, and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be held
under these exceptions, at the end of the Regular Session or at any
time during the meeting that a need arises for the City Council to seek
advice from the City Attorney as to the posted subject matter of this
City Council meeting.
1. Section 551.071: Consultation with city attorney
a. Seek advice of the city attorney regarding legal
requirements and obligations related to the Texas Open
Meetings Act and the Public Information Act.
b. Steve L. Perry and Aline Perry vs. City of Southlake.
2. Section 551.072: Deliberation regarding real property
a. Discuss the value of city -owned real property at the
northeast corner of Pearson Lane and F.M. 1709.
3. Section 551.087: Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Coy Quesenbury, Lonesome Dove Baptist Church
4. REPORTS:
A. Mayor's Report
City of Southlake
City Council meeting agenda
January 3, 2006
Page 2 of 8
1. Proclamation for 50 Anniversary of Southlake
2. Department of Public Safety Life Saving Award presentation and
proclamation
B. City Manager's Report
C. Parks and Recreation Board Report
D. Financial 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.
5. Consent:
A. Approve the minutes for the December 6, 2005, regular City Council
meeting.
B. Resolution No. 06 -001, Appoint a Chairperson of the Board of Directors
of Tax Increment Reinvestment Zone Number One.
C. Resolution No. 06 -002, Appoint members to the SPIN Standing
Committee.
D. Ordinance No. 803 -A, 1 Reading, an amendment to Chapter 2, Section
455(b), of the Southlake City Code, to increase the number of members on
the Public Art Advisory Committee from seven to ten, adding three
citizen -at -large places. (If approved at first reading, the public hearing
will be held January 17, 2006.)
E. Consider renewal of contract with American Landscaping Systems for
landscape maintenance of public areas in Town Square for a twelve month
period ending December 31, 2006.
F. Approve a Community Services Agreement with Grapevine Relief and
Community Exchange.
G. Approve a Community Services Agreement with The Women's Shelter.
H. Approve a Community Services Agreement with Metroport Meals on
Wheels.
I. Approve a Community Services Agreement with Southlake Sister Cities.
City of Southlake
City Council meeting agenda
January 3, 2006
Page 3 of 8
J. Approve a Community Services Agreement with Southlake Community
Band.
K. Approve a Community Services Agreement with Call A Ride of
Southlake, Inc.
L. Approve a Community Services Agreement with Southlake Historical
Society.
M. Approve a Community Services Agreement with Keep Southlake
Beautiful.
N. Approve a Community Services Agreement with Southlake Women's
Club for Art in the Square.
O. Approve a Community Services Agreement with Fort Worth
Transportation Authority.
P. Approve a Community Services Agreement with Bob Jones Nature
Center.
Q. Ordinance No. 662 -B, 1 Reading, Drought Contingency Plan Revision.
(If approved at first reading, the public hearing will be held January 17,
2006.)
R. Ordinance No. 480 -475, 1 Reading (ZA05 -139) Zoning Change for 940
North Peytonville Avenue. 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 January 17, 2006.)
S. Ordinance No. 480 -451, 1S Reading (ZA04 -101) Zoning Change for
Tracts 1A1A2 and 1A1A2D, B.J. Foster Survey, Abstract No. 519. The
property is located on the north side of Gifford Court, approximately 300
feet east of Randol Mill Avenue. Current Zoning: AG Agricultural
District. Requested Zoning: SF -1A Single Family Residential District.
SPIN Neighborhood #12. THIS ITEM HAS BEEN REQUESTED TO
BE TABLED TO THE APRIL 4, 2006, CITY COUNCIL MEETING.
T. Ordinance No. 480 -DDD, 1 Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
Section 16, MF -1 Two Family Residential District. THIS ITEM HAS
BEEN REQUESTED TO BE TABLED TO THE FEBRUARY 7,
2006, CITY COUNCIL MEETING.
City of Southlake
City Council meeting agenda
January 3, 2006
Page 4 of 8
U. Resolution No. 05 -062 (ZA05 -123) Specific Use Permit to allow a kennel
— Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard.
Current Zoning: C -3 General Commercial District. SPIN Neighborhood
#8. THIS ITEM HAS BEEN TABLED TO THE JANUARY 17, 2006,
CITY COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480 -471, 2 Reading (ZA05 -108) Zoning Change and Site
Plan for Lots 2 and 3, Block A, Commerce Business Park; being
approximately 4.24 acres located at 275 through 325 Commerce Street.
Current Zoning: I -1 Light Industrial District. Requested Zoning: S -P -1
Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING
B. Ordinance No. 480 -472, 2 Reading (ZA05 -118) Zoning Change for
proposed Maranatha Estates; being approximately 4.7 acres located at
1710 Maranatha Way. Current Zoning: AG Agricultural District.
Requested Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #12. PUBLIC HEARING
C. ZA05 -119, Plat Showing for Maranatha Estates; Tracts 1A6 and 1A9, W.
Winn Survey, Abstract No. 1660; being approximately 4.7 acres located at
1710 Maranatha Way. Current Zoning: AG Agricultural District. Proposed
Zoning: SF -1A Single Family Residential District. SPIN Neighborhood
#12.
D. Ordinance No. 480 -231C, 2 Reading (ZA05 -125) Zoning Change and
Site Plan for Medical Air Services on property located at 1250 West
Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District.
Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood
#13. PUBLIC HEARING
E. Ordinance 480 -FFF, 2 Reading, an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to the creation of
the Employment Center Zoning District, new Section 49. PUBLIC
HEARING
8. Ordinances, first readings, and related items:
City of Southlake
City Council meeting agenda
January 3, 2006
Page 5 of 8
A. Ordinance No. 585 -C, 1 Reading, Tree Preservation Ordinance and
Technical Manual. (If approved at first reading, the public hearing will be
held January 17, 2006.)
B. Ordinance No. 480 -474, 1 Reading (ZA05 -091) Zoning Change and
Concept Plan for Stonebridge Park, Phase II, being approximately 12.27
acres located at 2502 West Southlake Boulevard. Current Zoning: AG
Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan
District. SPIN Neighborhood #15. (If approved at first reading, the public
hearing will be held January 17, 2006.)
C. Ordinance No. 480 -476, 1 Reading (ZA05 -124) Zoning Change and
Revised Concept Plan for Watermark at Southlake located at 2809 West
Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan
District, AG Agricultural District, and SF -1A Single Family Residential
District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN
Neighborhood #15. (If approved at first reading, the public hearing will
be held January 17, 2006.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Consider SP05 -328, Variance to Sign Ordinance No. 704 -B for the Shops
of Southlake, located at the southeast corner of South Carroll Avenue and
East Southlake Boulevard.
B. Consider SP05 -356, Variance to Sign Ordinance No. 704 -B for 850 East
State Highway 114, located in Cedar Ridge Office Park.
C. Authorize the Mayor to execute a commercial developer's agreement for
Pecan Creek, being Block 1, Lots 2R and 4 and Timarron Addition, Phase
5, Block 60, Lots 2R1 and 3R2, a 13.8533 -acre development, including
Zena Rucker Road extending from Byron Nelson Parkway and continuing
east 940 feet.
D. Authorize the Mayor to execute a residential developer's agreement for
The Cliffs at Clariden Ranch, a 56 -lot addition located on the south side of
Clariden Ranch, Phase III between North White Chapel Boulevard and
T.W. King Road.
11. Other items for discussion:
A. Land Use Plan amendment process.
City of Southlake
City Council meeting agenda
January 3, 2006
Page 6 of 8
B. 2006 Submittal Schedule review.
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, December 30, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
` , ee reun np,, ''''
Lori A. Farwell, T ' C = i • • J 7.
City Secretary
i .• ..
If you plan to attend this public meeting ant�Irq; *m Atlity that requires special needs, please
advise the City Secretary's Office 48 hours in 11 advance at 817 - 748 -8016 and reasonable
accommodations will be made to assist you.
City of Southlake
City Council meeting agenda
January 3, 2006
Page 7 of 8
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 Southlake vs. Timarron et.al. May 2001.
2. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003.
3. R.E. and Marilyn Smith vs. City of Southlake. 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 Southlake. March 2005.
Section 551.072: Deliberation regarding 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 regarding prospective gift 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 regarding 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 regarding security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
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.
City of Southlake
City Council meeting agenda
January 3, 2006
Page 8 of 8
Section 418.183(f): 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 meetings to discuss emergency management plans
regarding 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.
, ,
OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 3.2006
LOCATION:
1400 Main Street, South1ake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland,
Deputy Mayor Pro Tern Carolyn Morris; and Counci1members Gregory Jones (arrived at 6:11
p.rn.), Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: Counci1member Laura K. Hill.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Office Manager/Pub1ic Information Officer Kim
Bush, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb,
Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Parks
Supervisor Mike Reasoner, Parks Project Coordinator Julie Dove, Crew Leader Andy Alvarado,
Crew Leader Shane Cloud, Park Maintenance Worker Ruben Alvarado, Park Maintenance
Worker Mike Grigsby, Park Maintenance Worker Brian Hulsey, Park Maintenance Worker
Johnny Lopez, Park Maintenance Worker Ado1fo Paz, Park Maintenance Worker David
Tuberville, Director of Economic Development Greg Last, Economic Development Specialist
Stefanie Wagoner, Director of Finance Sharen Jackson, Director of Planning Ken Baker, Chief
Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert
Finn, Chief of Police Services Wade Goolsby, Lieutenant Shawn Fannan, Engineer Marshall
Urb ano sky, Firefighter Shan Allsbrooks, Firefighter Christopher Lillie, Firefighter Jason Wise,
Public Safety Officer Steve Morton, Interim 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 5:34 p.m.
City Council reviewed the agenda items with city staff and applicants. The following items were
added to the consent agenda: 7 A to table to the January 17, 2006, City Council meeting; lOB and
10C. The work session ended at 6:48 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor
Wambsganss at 6:48 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be
going into Executive Session pursuant to the Texas Government Code, Section 551.071,
consultation with city attorney; Section 551.072, deliberation regarding real property; and
Section 551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 6:48 p.m. Executive Session began at 7:03 p.m. and ended at
7:44 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 1 of 10
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:47
p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session.
Motion was made to authorize the Mayor, in the name of and on behalf of the City of Southlake,
to convey to Hopkins Commercial Real Estate, Inc., or its assigns, that certain property located at
the northeast comer ofF.M. 1709 and Pearson Lane also known as Lot 13, Block 3R, Cimarron
Acres Addition, to the City of Southlake, Tarrant County, Texas, and to execute any and all
documents necessary or desirable to effectuate the ongoing conveyance and to carry out the
purpose thereof.
Motion: Morris
Second: Terrell
Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No.3. Invocation. The invocation was given by Coy Quesenbury of Lonesome
Dove Baptist Church. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and
events.
Agenda Item No. 4Al. Proclamation for 50th Anniversary of Southlake. Mayor Wambsganss
presented a proclamation to 50th Anniversary Committee Co-Chair, Lou Ann Heath.
Agenda Item No. 4A2. Department of Public Safety Life Saving Award presentation and
proclamation. Mayor Wambsganss introduced Chief Finn who presented a proclamation to City
employees Mike Grisby and David Tuberville for their extraordinary efforts to save a local
family from possible drowning.
Agenda Item No. 4B. City Manager's Report. City Manager Yelverton presented information on
a new program from the Planning Department in conjunction with the Planning and Zoning
Commission, the Southlake Development Excellence Awards, which will be presented to various
commercial and residential developments in town that exemplify excellence.
Agenda Item No. 4C. Parks and Recreation Board Report. Liz Durham updated Council on
upcoming parks and recreation events and meetings.
Agenda Item No. 4D. Financial Report. A written report was presented 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. SA. Approve the minutes for the December 6, 2005, regular City Council
meeting. A presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 2 of 10
Agenda Item No. 5B. Resolution No. 06-001. Appoint a Chairperson of the Board of Directors of
Tax Increment Reinvestment Zone Number One. Council agreed to appoint Mayor Pro Tern
Shankland as the Chairperson of the Board of Directors of Tax Increment Reinvestment Zone
Number One.
Agenda Item No. 5C. Resolution No. 06-002, Appoint members to the SPIN Standing
Committee. Council agreed to appoint Cara White for SPIN #1, Alan Hochstein for SPIN #3,
Jan Francis for SPIN #5, Jeff Wang for SPIN #7, Ray Tremain for SPIN #ge, Jim Jeppe for SPIN
#9w, Roger Hutton for SPIN #11, Mike Terry for SPIN #13, and Tom Corradino for SPIN #15.
Agenda Item No. 5D. Ordinance No. 803-A, 1 sl Reading, an amendment to Chapter 2, Section
455(b), of the Southlake City Code, to increase the number of members on the Public Art
Advisory Committee from seven to ten, adding three citizen-at-Iarge places. A presentation was
not made on this item.
Agenda Item No. 5E. Consider renewal of contract with American Landscaping Systems for
landscape maintenance of public areas in Town Square for a twelve month period ending
December 31, 2006. A presentation was not made on this item.
Agenda Item No. 5F. Approve a Community Services Agreement with Grapevine Relief and
Community Exchange. A presentation was not made on this item.
Agenda Item No. 5G. Approve a Community Services Agreement with The Women's Shelter. A
presentation was not made on this item.
Agenda Item No. 5H. Approve a Community Services Agreement with Metroport Meals on
Wheels. A presentation was not made on this item.
Agenda Item No. 51. Approve a Community Services Agreement with Southlake Sister Cities.
A presentation was not made on this item.
Agenda Item No. 5J. Approve a Community Services Agreement with Southlake Community
Band. A presentation was not made on this item.
Agenda Item No. 5K. Approve a Community Services Agreement with Call A Ride of
Southlake, Inc. A presentation was not made on this item.
Agenda Item No. 5L. Approve a Community Services Agreement with Southlake Historical
Society. A presentation was not made on this item.
Agenda Item No. 5M. Approve a Community Services Agreement with Keep Southlake
Beautiful. A presentation was not made on this item.
Agenda Item No. 5N. Approve a Community Services Agreement with Southlake Women's Club
for Art in the Square. A presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 3 of 10
. .
Agenda Item No. 50. Approve a Community Services Agreement with Fort Worth
Transportation Authority. A presentation was not made on this item.
Agenda Item No. 5P. Approve a Community Services Agreement with Bob Jones Nature Center.
A presentation was not made on this item.
Agenda Item No. 5Q. Ordinance No. 662-B, 1st Reading. Drought Contingency Plan Revision.
A presentation was not made on this item.
Agenda Item No. 5R. Ordinance No. 480-475. 1st Reading (ZA05-139) Zoning Change for 940
North Pevtonville Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A
Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented
this item to Council during the work session.
Agenda Item No. 5S. Ordinance No. 480-451. 1 sl Reading (ZA04-101) Zoning Change for Tracts
1A1A2 and 1A1A2D. B.J. Foster Survey. Abstract No. 519. The property is located on the north
side of Gifford Court. approximately 300 feet east of Randol Mill Avenue. Current Zoning: AG
Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN
Neighborhood #12. This item was tabled to the April 4, 2006 City Council meeting.
Agenda Item No. 5T. Ordinance No. 480-DDD. 1st Reading. an amendment to the
Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to Section 16. MF-1 Two
Family Residential District. The applicant has requested to table this item indefinitely.
Agenda Item No. 5D. Resolution No. 05-062 (ZA05-123) Specific Use Permit to allow a kennel
- Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard. Current Zoning: C-3
General Commercial District. SPIN Neighborhood #8. This item was tabled to the January 17,
2006 City Council meeting
Agenda Item No. 7 A. Ordinance No. 480-471. 2nd Reading (ZA05-108) Zoning Change and Site
Plan for Lots 2 and 3. Block A. Commerce Business Park; being approximately 4.24 acres
located at 275 through 325 Commerce Street. Current Zoning: 1-1 Light Industrial District.
Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #7. This item was
tabled to the January 17, 2006 City Council meeting.
Agenda Item No. lOB. Consider SP05-356. Variance to Sign Ordinance No. 704-B for 850 East
State Highway 114. located in Cedar Ridge Office Park. Chief Planner Killough presented this
item to Council during the work session. Applicant Dan Anderson of Pannatoni Development,
5950 Birkshire Lane, Dallas, Texas answered Council's questions.
Agenda Item No. 10C. Authorize the Mayor to execute a commercial developer's agreement for
Pecan Creek. being Block 1. Lots 2R and 4 and Timarron Addition. Phase 5. Block 60. Lots 2Rl
and 3R2. a 13.8533-acre development. including Zena Rucker Road extending from Byron
Nelson Parkway and continuing east 940 feet. Interim Director Thomas presented this item to the
Council during the work session. Applicant John Drews, 3625 North Hall Street, Dallas, Texas
answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 4 of 10
Motion was made to approve the consent agenda items 5A; 5B to appoint Mayor Pro Tern
Shankland as the Chairperson of the Board of Directors of Tax Increment Reinvestment Zone
Number One; 5C to appoint Cara White for SPIN #1, Alan Hochstein for SPIN #3, Jan Francis
for SPIN #5, Jeff Wang for SPIN #7, Ray Tremain for SPIN #ge, Jim Jeppe for SPIN #9w,
Roger Hutton for SPIN #11, Mike Terry for SPIN #13, and Tom Corradino for SPIN #15; 5D;
5E; 5F; 5G; 5H; 51; 5J; 5K; 5L; 5M; 5N; 50; 5P; 5Q; 5R; 5S to table this item to the April 4,
2006, City Council meeting; 5T to table this item indefinitely; 5U to table this item to the
January 17, 2006, City Council meeting; 7 A to table this item to the January 17, 2006, City
Council meeting; lOB, granting a variance, but also requiring the letters on the two signs to be
white in color and have similar font and style and be substantially the same; and 10C providing
the city will participate in the construction of the median opening and left turn lane on Bryon
Nelson Parkway in an amount not to exceed $40,000 and requiring recovery and relocation of the
trees in the median and stating that the city is not participating in the extension of the driveway
from the school parking lot at this time but leaving it to be addressed by future development of
that lot and reducing park fee amount to $11,997.84 based upon revised calculations.
Motion: Terrell
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during Public Forum.
Agenda Item No. 7B. Ordinance No. 480-472, 2nd Reading (ZA05-118) Zoning Change for
proposed Maranatha Estates; being approximately 4.7 acres located at 1710 Maranatha Way.
Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Familv Residential
District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council in
conjunction with item 7C. 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 LEGALL Y DESCRIBED AS
TRACTS 1A06 & 1A9, SITUATED IN THE W. WINN SURVEY, ABSTRACT NO. 1660,
BEING APPROXIMA TEL Y 4.7 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A"
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;
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 5 of 10
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.
Mayor Wambsganss opened the public hearing. No one spoke but Storm Phillips, 1711
Maranatha Way, Southlake, Texas recorded his support for this item. Mayor Wambsganss closed
the public hearing.
Motion was made to approve Ordinance No. 480-472, 2nd Reading (ZA05-118) Zoning Change
for proposed Maranatha Estates subject to the recommendations of the Planning and Zoning
Commission and City Council's motion at first reading.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7C. ZA05-119. Plat Showing for Maranatha Estates; Tracts 1A6 and 1A9. W.
Winn Survey. Abstract No. 1660; being approximately 4.7 acres located at 1710 Maranatha
Way. Current Zoning: AG Agricultural District. Proposed Zoning: SF-1A Single Family
Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item to
Council in conjunction with item 7B.
Motion was made to approve ZA05-119, Plat Showing for Maranatha Estates subject to Plat
Review Summary No.2, dated October 28, 2005 specifically granting the variance to front on a
pri vate street.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Shankland
Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
6-0
Agenda Item No. 7D. Ordinance No. 480-231C, 2nd Reading (ZA05-125) Zoning Change and
Site Plan for Medical Air Services on property located at 1250 West Southlake Boulevard.
Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #13. Chief Planner Killough presented this item to Council. In
accordance with Section 4.21 ofthe 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 LOT 4,
A.A. FREEMAN NO. 522 ADDITION, BEING 1.344 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN
DISTRICTWITH LIMITED "0-1" OFFICE DISTRICT USES TO "S-P-1" DETAILED SITE
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 6 of 10
PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT USES, AS DEPICTED ON
THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "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 OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Councilmember Terrell stepped out of the room.
Motion was made to approve Ordinance No. 480-231C, 2nd Reading (ZA05-125) Zoning Change
and Site Plan for Medical Air Services subject to Site Plan Review Summary No.2, dated
November 11, 2005, and subject to the City Council's motion at first reading.
Motion: Shankland
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5-0
Councilmember Terrell reentered the Council Chambers.
Agenda Item No. 7E. Ordinance 480-FFF, 2nd Reading, an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to the creation of the Employment Center
Zoning District. new Section 49. Director Baker 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;
ADDING SECTION 49 ESTABLISHING THE EMPLOYMENT CENTER ZONING (EC)
DISTRICT; PROVIDING DEFINITIONS, USES AND STANDARDS FOR DEVELOPMENT;
PROVIDING FOR THE APPROVAL PROCESS; 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 PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Buck Driggers of Newland Communities spoke in favor.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 7 of 10
Mayor Wambsganss closed the public hearing.
Motion was made to approve Ordinance No. 480-FFF, 2nd Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the
Employment Center Zoning District, new Section 49.
Motion: Terrell
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8A. Ordinance No. 585-C, 1st Reading, Tree Preservation Ordinance and
Technical Manual. Director Baker presented this item to Council.
Motion was made to approve Ordinance No. 585-C, 1 st Reading, Tree Preservation Ordinance
and Technical Manual
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8B. Ordinance No. 480-474, 1st Reading (ZA05-091) Zoning Change and
Concept Plan for Stonebridge Park, Phase II, being approximately 12.27 acres located at 2502
West Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2
Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this
item to Council. Applicant Rian Maguire of Realty Capital Corporation, 99 Main Street, Suite
200, Colleyville, Texas made a presentation to Council. Council asked questions of the applicant
and discussed this item.
Motion was made to approve Ordinance No. 480-474, 1 st Reading (ZA05-091) Zoning Change
and Concept Plan for Stonebridge Park, Phase II, due to the fact this development is consistent
with the development to the east and has low impervious coverage ratio; subject to Concept Plan
Review Summary No.3, dated November 11,2005; requiring conformance with the architectural
and lighting standards as shown on attachment 'G' in the staff report; subject to the
recommendations of the Planning and Zoning Commission; eliminating retail uses on Lots 3 and
4 and that any certificate of occupancy is contingent upon review and approval of the
landscaping by City Council; requiring the reorientation of the buildings on Lots 1 and 2 prior to
second reading; requiring a cross access parking agreement; and acknowledging the developer's
commitment that the pond shown on the plan will be a retention pond and will be an aesthetic
feature of the development.
Motion: Terrell
Second: Morris
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
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Page 8 of 10
Approved: 6-0
Mayor Wambsganss called for a break at 9:24 p.m.
Mayor Wambsganss reconvened the meeting at 9:44 p.m.
Mayor Wambsganss considered Item 10D next.
Agenda Item No. 10D. Authorize the Mayor to execute a residential developer's agreement for
The Cliffs at Clariden Ranch. a 56-lot addition located on the south side of Clariden Ranch.
Phase III between North White Chapel Boulevard and T.W. King Road. Interim Director
Thomas presented this item to Council during the work session. Applicant Paul Spain, 395 West
Northwest Parkway, Southlake, Texas, answered Council's questions during the work session.
Mr. Spain withdrew his request to waive the administrative and inspection fees from the
developer's agreement.
Motion was made to authorize the Mayor to execute a residential developer's agreement for The
Cliffs at Clariden Ranch withdrawing the developer's request to waive the administrative and
inspection fees.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8e. Ordinance No. 480-476. 1st Reading (ZA05-124) Zoning Change and
Revised Concept Plan for Watermark at Southlake located at 2809 West Southlake Boulevard.
Current Zoning: S-P-2 Generalized Site Plan District. AG Agricultural District. and SF-1A
Single Family Residential District. Requested Zoning: S-P-2 Generalized Site Plan District.
SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicants Rick
Simmons, 1851 Broken Bend Drive, Westlake, Texas; Craig Spalding of South Bay Partners, 66
North Central Expressway, Dallas, Texas; architect Mark Tolson; and Rich Siber of Lifecare
Services presented this item to Council and answered questions. Council discussed this item and
asked questions of the applicants.
Motion was made to approve Ordinance No. 480-476, 1st Reading (ZA05-124) Zoning Change
and Revised Concept Plan for Watermark at Southlake, subject to Concept Plan Review
Summary No.3, dated December 2, 2005; subject to the recommendations of the Planning and
Zoning Commission but substituting the permitted uses with the new list of permitted uses
provided to Council this evening and limiting the "rental guest rooms" to a maximum of two
units in the clubhouse; noting that the project does not meet the Land Use Plan, which the City
Council tries to follow as closely as possible, but with the following justifications: 11 additional
acres were added under an SP zoning, the serious need for and the addition of senior living in
Southlake which currently does not have any, the articulation and the plan in general are of an
extraordinarily high quality, the developer is undertaking a sewer connection to the church
property next door which is a real public service, this is a much better design and a much better
development than the previously approved plan at this location, it includes a unique aspect of
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 9 of 10
"
senior living which is a fee simple ownership aspect which will add a lot of value in terms of our
tax rolls and in terms of the seniors who will live there, and keeps in place the age restriction of
62.
Motion:
Second:
Ayes:
Nays:
Approved:
Jones
Terrell
Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
6-0
Agenda Item No. lOA. Consider SP05-328. Variance to Sign Ordinance No. 704-B for the Shops
of Southlake. located at the southeast comer of South Carroll Avenue and East Southlake
Boulevard. Chief Planner Killough presented this item to Council during the work session.
Motion was made to approve SP05-328, Variance to Sign Ordinance No. 704-B for the Shops of
Southlake, located at the southeast comer of South Carroll Avenue and East Southlake
Boulevard, granting the variance for a period of one year.
Motion: Terrell
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 11A. Land Use Plan amendment process. Director Baker presented this item to
Council. No action was taken on this item.
Agenda Item No. lIB. 2006 Submittal Schedule review. Chief Planner Killough presented this
item to Council. No action was taken on this item.
Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
11 :10p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006
Page 10 of 10
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WATERMARK AT SOUTHLAKE
"PERMITTED USES"
Per the Planning and Zoning Board's request at the December 7,
2005 hearing, following "accessory uses" for the Clubhouse
building in the retirement section (i.e. Villas and Condominium
Homes) and for the Assisted Living building shall include, but not
be limited to other similar uses.
Clubhouse Building/Condominium Towers
1. Restaurant (main, bar & grille and coffee shop)
2. Beauty Shop/Spa/Fitness Area
3. Sundry Shop
4. Bank
5. Chapel
6. Home Health/Wellness Center
7. Storage space/units
8. Theater/Media Room
9. Rental Guest Rooms
Assisted Livinp- Building
1. Beauty Shop
2. Coffee Shop
3. Wellness Center
The following is an additional "principal use" for the Assisted
Living building:
Assisted Living, Building
1. Physical Therapy Services