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2013-03-05 Regular CC MeetinglugCITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: March 5, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Clayton Reed 3. Local Business Report 4. Update from Darcy Deno, Southlake Women's Club 5. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: Immediately following the work session 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 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 the city attorney a. Seek advice of the city attorney regarding regulations and requirements associated with handbill distribution by solicitors and canvassers related with the City of Southlake Code of Ordinances, Part II, Subpart A, Chapter 13. b. Seek advice of the city attorney regarding proposed legislation. 2. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 2 of 7 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Recognition of the Southlake Police Department 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. 4. Consent: A. Approve minutes from the February 6, 2013 City Council Workshop and February 19, 2013 City Council meeting. B. Approve contract renewal with Regent Services (Southlake Leasing) for janitorial services in the amount of $148,652. C. Approve permit for Carroll Independent School District (CISD) Art Exhibit in Town Hall during April 26-28, 2013. D. Approve Metroport Teen Court Interlocal Agreement for Fiscal Year 2012- 2013 E. Approve School Resource Officers Agreement with Carroll Independent School District F. Ordinance No. 1060, 1St Reading, Parks, Recreation & Open Space I Community Facilities Master Plan, a component of the Southlake 2030 Comprehensive Plan. (If approved at first reading, the Public Hearing will be held on March 19, 2013.) G. Consider Resolution No. 13-013, Opposing House Bill 1496, which severely limits the City's authority to regulate mineral exploration, production and development within its territorial limits. H. ZA13-008, Site Plan for the Shaddock Office Building on property being described as Lot 3, Block 1, Gumm Scifres Addition an addition to the City of Southlake, Tarrant County, Texas and located at 131 South Village Center Drive, Southlake, Texas. Current Zoning: 01 — Office Zoning District. SPIN #8. (On February 21, 2013, the Planning and Zoning Commission tabled this item to their March 7, 2013 meeting. If approved, Council will consider and conduct the public hearing at their March 19, 2013 meeting. ) City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 3 of 7 ZA13-009, Site Plan for Del Frisco's Grille on property being described as Lot 3, Block 1 R, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and being located at 140 State Street, Southlake, Texas. Current Zoning: DT- Downtown District. SPIN #8. (On February 21, 2013, the Planning and Zoning Commission tabled this item to their March 7, 2013 meeting. If approved, Council will consider and conduct the public hearing at their March 19, 2013 meeting. ) J. ZA13-014, Plat Revision for Lot 3R and Lot 5, Block 1 R, Southlake Town Square Addition, on property described as Lot 3, Block 1 R, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and being located at 140 State Street, Southlake, Texas. Current Zoning: DT - Downtown District. SPIN #8. (On February 21, 2013, the Planning and Zoning Commission tabled this item to their March 7, 2013 meeting. If approved, Council will consider and conduct the public hearing at their March 19, 2013 meeting. ) REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non -agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance 1051 (CP12-004), 2nd Reading, Land Use Plan Amendment from Mixed Use and Low Density Residential to Medium Density Residential on property described as Tracts 1B, 1132, 1132A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4131, 4132, 5A, 5A1, 5A1 A, 5B, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, and 6B, R.P. Estes Subdivision and Tracts 1B, 1131, 1131A, 1 B 1 A1, 113113, 1131131, 1131C, 1131D, and 1132, T. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas; and generally located at the northwest corner of West Dove Road and State Highway 114, Southlake, Tarrant County, Texas. The current zoning is "NR -PUD" Non Residential Planned Unit Development, "AG" Agricultural District and "SP -1" Detailed Site Plan District. The requested zoning is "R -PUD" Residential Planned Unit Development. SPIN #5. PUBLIC HEARING City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 4 of 7 B. Ordinance 480-628 (ZA12-088), 2nd Reading, Zoning Change and Development Plan for Savannah Estates on property described as Tracts 1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4131, 4132, 5A, 5A1, 5A1 A, 5B, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, and 6B, R.P. Estes Subdivision and Tracts 1 B, 1 B1, 1 B1A, 1 B1A1, 1 B1 B, 1 B1 B1, 1131C, 1131D, and 1132, T. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas; and generally located at the northwest corner of West Dove Road and State Highway 114, Southlake, Tarrant County, Texas. The current zoning is "NR -PUD" Non Residential Planned Unit Development, "AG" Agricultural District and "SP -1" Detailed Site Plan District. The requested zoning is "R -PUD" Residential Planned Unit Development. SPIN #5. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-JJJJ, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to building color. (/f approved, at first reading, the Public Hearing will be held on March 19, 2013.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV12-015, Sign Variance to Ordinance 704, as amended, for Magic Exxon (Texaco) located at 110 West Southlake Boulevard, Southlake, Texas. B. MSP13-002, Master Sign Plan for Forest Park Medical Center located at 335 East State Highway 114, Southlake, Texas. 10. Other items for discussion: (There are no items on this agenda.) 11. 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, March 1, 2013 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. LAK _Ate ' r ■ • r Alicia Richardson, TRMC City Secretary City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 5 of 7 If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 6 of 7 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. Pending Public Information Act requests. 2. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 3. Legal issues regarding the Barnett Shale gas extraction and transportation. 4. City of Southlake v. Jeff Massey, et al; Cause No. 2011-003365-3; eminent domain action regarding property located at 1200 North Kimball, Southlake, Texas. 5. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 6. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent domain action regarding property located at 1470 N. Kimball Avenue, Southlake, Texas. 7. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance Company; Cause No. 048-258408-12 8. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09-15791. 9. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12 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 regardingprospective 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. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 7 of 7 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. 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. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CI O S OU F TH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: March 5, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Martin Schelling, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Director of Economic Development and Tourism Greg Last, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, City Librarian Kerry McGeath, Senior Director of Planning and Development Services Ken Baker, Planner I Daniel Cortez, Director of Public Works Bob Price, Deputy Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor and Deputy City Secretary Traci Riggs. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:36 p.m. 2. INVOCATION Mr. Clayton Reed gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Director of Economic Development and Tourism Greg Last introduced Mr. Lee Marshall with Bottlecap Alley. Mr. Marshall provided a description of the services provided, hours of operation, and location of business. 4. UPDATE FROM DARCY DENO, SOUTHLAKE WOMEN'S CLUB REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2013 Page 1 of 9 Ms. Deno provided Council with an update on the Annual Art in the Square event taking place April 26 — 28, 2013. Mayor Terrell moved to item 3A2 — City Manager's Report. City Manager Shana Yelverton recognized the efforts of Police Chief Mylett and the police department during the recent fugitive hunt for Alberto Morales. 5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Terrell read the consent agenda items. Mayor Terrell recommended moving item 7A — Ordinance No. JJJJ to the consent agenda. He asked staff to provide a presentation on item 7A. Council member Wang pulled item 4F — Ordinance No. 1060 from the consent agenda. Senior Planning Director Ken Baker presented item 7A and was available to answer questions from Council. The consensus of Council was to move item 7A to the consent agenda. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:25 p.m. 2A. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with attorney, Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:26 p.m. Executive Session began at 6:39 p.m. and concluded at 7:14 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:24 p.m. Mayor Terrell asked if any action was necessary from Executive Session. 3. REPORTS 3A. MAYOR'S REPORT REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2013 Page 2 of 9 None. 3B. CITY MANAGER'S REPORT RECOGNITION OF THE SOUTHLAKE POLICE DEPARTMENT This item was discussed earlier in the meeting. 4. CONSENT AGENDA Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE FEBRUARY 6, 2013 CITY COUNCIL WORKSHOP AND FEBRUARY 19, 2013 CITY COUNCIL MEETING. 4B. APPROVE CONTRACT RENEWAL WITH REGENT SERVICES (SOUTHLAKE LEASING) FOR JANITORIAL SERVICES IN THE AMOUNT OF $148,652. 4C. APPROVE PERMIT FOR CARROLL INDEPENDENT SCHOOL DISTRICT (CISD) ART EXHIBIT IN TOWN HALL DURING APRIL 26 -28, 2013. 4D. APPROVE METROPORT TEEN COURT INTERLOCAL AGREEMENT FOR FISCAL YEAR 2012 -2013. 4E. APPROVE SCHOOL RESOURCE OFFICERS AGREEMENT WITH CARROLL INDEPENDENT SCHOOL DISTRICT. 4F. REMOVED FROM CONSENT AGENDA. 4G. CONSIDER RESOLUTION NO. 13 -013, OPPOSING HOUSE BILL 1496, WHICH SEVERELY LIMITS THE CITY'S AUTHORITY TO REGULATE MINERAL EXPLORATION, PRODUCTION AND DEVELOPMENT WITHIN ITS TERRITORIAL LIMITS. 4H. ZA13 -008, SITE PLAN FOR THE SHADDOCK OFFICE BUILDING ON PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1, GUMM SCIFRES ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 131 SOUTH VILLAGE CENTER DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: 01 — OFFICE ZONING DISTRICT. SPIN #8. (ON FEBRUARY 21, 2013, THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM TO THEIR MARCH 7, 2013 MEETING. IF APPROVED, COUNCIL WILL CONSIDER AND CONDUCT THE PUBLIC HEARING AT THEIR MARCH 19, 2013 MEETING.) 41. ZA13 -009, SITE PLAN FOR DEL FRISCO'S GRILLE ON PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE REGULAR CITY COUNCIL MEETING MINUTES MARCH 5, 2013 Page 3 of 9 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 140 STATE STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: DT- DOWNTOWN DISTRICT. SPIN #8. (ON FEBRUARY 21, 2013, THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM TO THEIR MARCH 7, 2013 MEETING. IF APPROVED, COUNCIL WILL CONSIDER AND CONDUCT THE PUBLIC HEARING AT THEIR MARCH 19, 2013 MEETING.) 4J. ZA13 -014, PLAT REVISION FOR LOT 3R AND LOT 5, BLOCK 1R, SOUTHLAKE TOWN SQUARE ADDITION, ON PROPERTY DESCRIBED AS LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 140 STATE STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: DT- DOWNTOWN DISTRICT. SPIN #8. (ON FEBRUARY21, 2013, THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM TO THEIR MARCH 7, 2013 MEETING. IF APPROVED, COUNCIL WILL CONSIDER AND CONDUCT THE PUBLIC HEARING AT THEIR MARCH 19, 2013 MEETING.) APPROVED Council, during work session, moved Item 7A to the consent agenda and removed item 4F. A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 4F. ORDINANCE NO. 1060, 1 READING, PARKS, RECREATION & OPEN SPACE / COMMUNITY FACILITIES MASTER PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON MARCH 19, 2013.) APPROVED Council member Wang removed this item from the consent agenda. He commented on the funds specifically allocated for the safety town project. He would like to see the funds removed and allocated toward other projects within the Parks, Recreation & Open Space / Community Facilities Master Plan. Senior Planning Director Ken Baker asked Council if the safety town project should be removed from the priority list. Mayor Terrell advised that Council would need further discussion to determine if the project would be removed from the priority list. The discussion may indicate that the project not be removed, but funding specified for the project be allocated on other projects. REGULARCITY COUNCIL MEETING MINUTES, MARCH 5, 2013 Page 4 of 9 City Manager Shana Yelverton informed Council that funding for projects are discussed when the capital improvement program is adopted. She commented that staff will be working on the capital improvement program this spring. When this item comes forward for approval will be Council's opportunity to address reallocation of funding. The project is shown on the master priority plan and Council is the final authority as to whether the project remains on the master priority plan. A motion was made to approve item 4F as presented. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito Nays: Wang Approved: 6 -1 REGULAR AGENDA: 5. PUBLIC FORUM 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE 1051 (CP12 -004), 2 READING, LAND USE PLAN AMENDMENT FROM MIXED USE AND LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS TRACTS 1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1, 4B2, 5A, 5A1, 5A1 A, 5B, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, AND 6B, R.P. ESTES SUBDIVISION AND TRACTS 1B, 1B1, 1 B1 A, 1 B1 A1, 1 B1 B, 1 B1 B1, 1 B1 C, 1 B1 D, AND 1B2, T. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF WEST DOVE ROAD AND STATE HIGHWAY 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS "NR -PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "SP -1" DETAILED SITE PLAN DISTRICT. THE REQUESTED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. PUBLIC HEARING. APPROVED Senior Planning Director Ken Baker presented items 6A and 6B and was available to answer questions from Council. Applicant representatives Bobby Dollock and Mehrdad Moayedi presented request and responded to questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. The following spoke during the public hearing: Mr. Jerry Lewis, REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2013 , 1' „ Page 5 of 9 2280 North Peytonville; Mr. Wise, 984 West Dove Road; and Mr. Brian Elliot, 935 West Dove Road. Mr. Moayedi responded to Mr. Elliott's comments. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1051, Land Use Plan Amendment from Mixed Use and Low Density Residential to Medium Density Residential on development otherwise known as Savannah Estates. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Schelling, Terrell, Wang, Zito Nays: Morris, Muller Approved: 5 -2 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. 6B. ORDINANCE 480 -628 (ZAl2 -088), 2 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR SAVANNAH ESTATES ON PROPERTY DESCRIBED AS TRACTS 1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1, 4B2, 5A, 5A1, 5A1A, 5B, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, AND 6B, R.P. ESTES SUBDIVISION AND TRACTS 1B, 1B1, 1 B1 A, 1 B1 A1, 1 B1 B, 1 B1 B1, 1 B1 C, 1 B1 D, AND 1B2, T. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF WEST DOVE ROAD AND STATE HIGHWAY 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS "NR -PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "SP -1" DETAILED SITE PLAN DISTRICT. THE REQUESTED ZONING IS "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. PUBLIC HEARING. APPROVED This item was presented in conjunction with item 6A. Mayor Terrell 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 Terrell closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2013 Page 6 of 9 A motion was made to approve Item 6B (ZAl2 -088) Zoning Change and Development Plan for Savannah Estates, pursuant to the following: development review summary No. 5, dated February 27, 2013; Section 8 of the development standards presented tonight, dated March 4, 2013, includes the approved use of hardiplank or soffit and facia trim only; adding to the development standards that approved fencing, walls or any fences visible from the street or open space from the rear shall be wrought iron and that approved board on board cedar in between the houses will be permitted; approval of variances regarding Lot 12X- commercial driveway access and potential variances subject to final site location of driveways for the Lewis tract on North Peytonville and Avary tract on West Dove, and in the event a variance is needed the material shall be consistent with the presentation made herein tonight; development standards amended to include approved 6 12 pitched roofing for Mediterranean styles houses; striking ability to have flat roofs, no garage doors will face the streets; moderate and steep roofs on all other types of houses are required; approved materials will include a 35 year warranty composition concrete, clay barrel or slate roofing o'r comparable products as approved by administrator shall be allowed; applicant understands that the roundabout will be functional prior to issuance of any building certificates of occupancy for residences; and in the event there is a driveway variance issue regarding a further subsequent driveway (Glasson driveway) for the commercial drive on Lot X shall be permitted and consistent with presentation made herein tonight. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang Nays: Zito Approved: 6 -1 In accordance with Section 4.21 of the City Charter, the caption for this item 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 DESCRIBED AS TRACTS 1 B, 1B2, 1B2A, 1B2A1, 1B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1, 4B2, 5A, 5A1, 5A1A, 5B, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, AND 6B, R.P. ESTES SUBDIVISION AND TRACTS 1B, 1B1, 1B1A, 1B1A1, 1B1B, 1B1B1, 1B1C, 1B1D, AND 1B2, T. MARTIN SURVEY, ABSTRACT NO. 1134, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 77.05 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR -PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "S -P -1" DETAILED SITE PLAN DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, 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 ■■ -• REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2013 .._ NO Page 7 of 9 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. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -JJJJ, 1 READING, AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO BUILDING COLOR. (IF APPROVED, AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON MARCH 19, 2013.) APPROVED This item was considered with the consent agenda. 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: 9A. SV12 -015, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR MAGIC EXXON (TEXACO) LOCATED AT 110 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. APPROVED Planner I Daniel Cortez presented item and was available to answer questions from Council. Applicant representatives Mr. Bob Beaucond and Mr. Lynn Bural presented request and responded to questions from Council. A motion was made to approve SV12 -015, noting the following: the building facia will be white versus red as presented in the package; the canopies that are otherwise shown to be lit red LED shall not be lit and be a solid red color; monument sign shall be 16' 4" with the top four inches (4 ") being added to accommodate a ten inch (10 ") letter height; approving the maximum total height for gas price monument sign as noted at 16' 14" with maximum sign face height at 5' and maximum sign structure for gas pricing monument sign as 10', the maximum sign structure area for gas price monument sign at 120 square feet; approving the setback at 10' from FM 1709; approving the logo height for the attached sign fronting Regional Boulevard at 29" and placement on the sign justified on right and left versus the 75% required on the single side; the Exxon sign on the canopy will be backlit LED; masonry portions of the building will be a gray tone as part of the overall sign package; and signs regarding entry features and food mart, etc. will be as presented this evening. REGULAR CITY COUNCIL MEETING MINUTES; MARCH 5, 2013 Page 8 of 9 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 9B. MSP13 -002, MASTER SIGN PLAN FOR FOREST PARK MEDICAL CENTER LOCATED AT 335 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. APPROVED Planner I Daniel Cortez presented item and was available to answer questions from Council. Applicant representatives Mr. David Ransom and Nadine Melendrez presented request and was available to answer questions from Council. A motion was made to approve MSP13 -002, Master Sign Plan for Forest Park Medical Center located at 335 East State Highway 114, as presented this evening. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 9:13 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C)0 John Terrell ••• . •` �uTHLgk '' Mayor ATTEST: .•• •...... • • _s, ..P Alicia Richardson * ** City Secretary REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2013 Page 9 of 9