2013-04-02 Regular CC MeetinglugCITY OF
S0UTHLA1<,E
TEXAS
REGULAR CITY COUNCIL MEETING: April 2, 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: David Whitington
3. Local Business Report
4. Briefing with Tarrant Commissioner Fickes, Precinct 3
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 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.
3. REPORTS:
A. Mayor's Report
1. National Library Week Proclamation
2. National Volunteer Week Proclamation
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City Council meeting agenda
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B. City Manager's 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.
4. Consent:
A. Approve minutes from the March 19, 2013 City Council meeting.
B. Approve annual renewal of Town Square street sweeping contract with
Mid -Cities Sweepers Plus, Inc. in the amount of $ 64,488.84.
C. This item was intentionally left blank.
D. Ordinance No. 480-NNNN, 1St Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, deleting Section
46.3d pertaining to procedures to overrule a recommendation of the
Planning and Zoning Commission to deny a proposed change to a
regulation or district boundary. (if approved, public hearing will be held
on April 16, 2013.)
E. This item was intentionally left blank.
F. This item was intentionally left blank.
G. Approve an amendment to the City's Residential Developer's Agreement
template.
H. Approve absences for a Planning and Zoning Commissioner.
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:
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A. Ordinance 480-635, (ZA13-017), 2nd Reading, zoning change and concept
plan for 2009 East Highland Street on property being described as Tract
2F, T. Mahan Survey, Abstract No. 1049, Southlake, Tarrant County,
Texas and located at 2009 East Highland Street, Southlake, Texas. The
Current Zoning is "AG" Agricultural Zoning District. The Requested Zoning
is "SF -1A" Single Family Residential Zoning District. SPIN #4. PUBLIC
HEARING
B. ZA13-001, Site Plan for Memo Corporation on property being described as
Lot 1, Block A, Entek Addition an addition to the City of Southlake, Tarrant
County, Texas located at 722 South Kimball Avenue, Southlake, Texas.
The current zoning is 1-1" Light Industrial Zoning District. SPIN #8
PUBLIC HEARING
C. Resolution No. 13-018, (ZA13-029), Specific Use Permit for carports on
non-residential property for the Memo Corporation on property being
described as Lot 1, Block A, Entek Addition an addition to the City of
Southlake, Tarrant County, Texas located at 722 South Kimball Avenue,
Southlake, Texas. The current zoning is 1-1" Light Industrial Zoning
District. SPIN #8. PUBLIC HEARING
D. Ordinance No. 480-MMMM, 2nd Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480 adding variance provisions to
Section 45 Specific Use Permits. PUBLIC HEARING
E. ZA13-022, Site Plan for McDonald's on property located at 225 North
Kimball Avenue, Southlake, Texas and described as Lot 1R2, Block 1,
Kimball/1709 Addition, an addition to the City of Southlake, Tarrant
County, Texas. Current zoning is "C-3" — General Commercial District.
SPIN #8. PUBLIC HEARING
F. Resolution No. 13-017, (ZA13-028), Specific Use Permit for a storage
building at McDonald's on property located at 225 North Kimball Avenue,
Southlake, Texas and described as Lot 1R2, Block 1, Kimball/1709
Addition, an addition to the City of Southlake, Tarrant County, Texas.
Current zoning is "C-3" — General Commercial District. SPIN #8. PUBLIC
HEARING
G. Resolution No. 13-014, (ZA13-026), Specific Use Permit for temporary
construction and/or sales facility on property being described as Lot 11,
Block 6, Shady Oaks Phase 2F, Southlake, Tarrant County, Texas and
being located at 908 Berkshire Road, Southlake, Texas. Current zoning is
R -PUD - Residential Planned Unit Development District. SPIN #6.
PUBLIC HEARING
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H. ZA13-009, Site Plan for Del Frisco's Grille on property being described as
Lot 3, Block 1R, Southlake Town Square Addition, City of Southlake,
Tarrant County, Texas and being located at 140 State Street, Southlake,
Tarrant County, Texas. Current Zoning: DT- Downtown District. SPIN
#8. PUBLIC HEARING
ZA13-014, Plat Revision for Lot 3R and Lot 5, Block 1 R, 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 Current Zoning: DT- Downtown District.
SPIN #8.
J. 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. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 1061, 1St Reading, Water Conservation Master Plan, a
component of the Southlake 2030 Comprehensive Plan. (if approved,
public hearing will be held on April 16, 2013.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. SV13-004, Sign Variance to Ordinance 704, as amended, for Wright
Professional Building located at 200 East Southlake Boulevard.
B. Approve Contract Amendment No. 4 with Nathan D. Maier Consulting
Engineers, Inc. for White Chapel Boulevard from State Highway 114 to
East Highland Street in the amount of $53,316.
C. Approve Contract Amendment No. 2 with Huitt-Zollars, Inc. for White
Chapel Boulevard Reconstruction Project in the amount of $48,170.
10. Other items for discussion:
11. Meeting adjourned.
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CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Thursday, March 28, 2013 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Alicia Richardson, TRMC
City Secretary •'''••••••''•
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.
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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.
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City Council meeting agenda
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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:
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CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: April 2, 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 (present at
5:41 p.m.), 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, Assistant to the City Manager
Caroline Eckel, Communication and Website Manager Pilar Schank, Director of
Economic Development and Tourism Greg Last, Chief Financial Officer Sharen
Jackson, Assistant Fire Chief Wade Carroll, Director of Human Resources Stacey
Black, Deputy Director of Community Services Candice Edmondson, Senior Director of
Planning and Development Services Ken Baker, Director of Public Works Bob Price,
City Attorney E. Allen Taylor and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:34p.m.
2. INVOCATION
Mr. David Whitington 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 Steve and Aleda
Barry with Aleda's Pizza. Mr. Barry provided a description of the services provided,
hours of operation, and location of business.
4. BRIEFING WITH TARRANT COMMISSIONER FICKES, PRECINCT 3
Commissioner Fickes provided Council with an update on road construction projects,
street maintenance, clinics located within Tarrant County, empowering seniors with
REGULAR CITY COUNCIL MEETING MINUTES, April 2, 2013
Page 1 of 12
screenings and workshops, and Tarrant County's new building being constructed in
Hurst, Texas.
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 reviewed the consent agenda items. Council's consensus was to move
items 7A— Ordinance No. 1061, 9B— contract with Nathan D. Maier Consulting
Engineers and 9C— contract amendment No. 2 with Huitt- Zollars, Inc. to the consent
agenda and remove item 4D— Ordinance No. 480 -NNNN from the consent agenda.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:18
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
and Section 551.087, deliberation regarding economic development. City Council
adjourned for Executive Session at 6:18 p.m. Executive Session began at 6:33 p.m.
and concluded at 7:23 p.m.
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:35 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
3. REPORTS
3A. MAYOR'S REPORT
NATIONAL LIBRARY WEEK PROCLAMATION
Mayor Terrell recognized and presented a proclamation to the Library Board members
and staff proclaiming April 14 -20, 2013 as National Library Week.
NATIONAL VOLUNTEER WEEK PROCLAMATION
Mayor Terrell recognized and proclaimed April 21 -27, 2013 as National Volunteer
Week. Mayor Terrell presented the proclamation to Southlake DPS Citizens
REGULAR CITY COUNCIL MEETING MINUTES, April 2, 2013
Page 2 of 12
Association President Scott Parizo. Mr. Parizo was joined by members of the Southlake
DPS Citizens Association.
3B. CITY MANAGER'S REPORT
None.
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 MARCH 19, 2013 CITY COUNCIL MEETING.
4B. APPROVE ANNUAL RENEWAL OF TOWN SQUARE STREET SWEEPING
CONTRACT WITH MID - CITIES SWEEPERS PLUS, INC. IN THE AMOUNT OF
$ 64,488.84.
4C. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
4D. ITEM REMOVED FROM CONSENT AGENDA.
4E. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
4F. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
4G. APPROVE AN AMENDMENT TO THE CITY'S RESIDENTIAL DEVELOPER'S
AGREEMENT TEMPLATE.
4H. APPROVE ABSENCES FOR A PLANNING AND ZONING COMMISSIONER.
Council, during work session, removed item 4D and added items 7A, 9B and 9C.
A motion was made to approve the consent agenda as presented.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
4D. ORDINANCE NO. 480 -NNNN, 1 READING, AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED,
DELETING SECTION 46.3D PERTAINING TO PROCEDURES TO OVERRULE
A RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION TO
DENY A PROPOSED CHANGE TO A REGULATION OR DISTRICT
BOUNDARY. (IF APPROVED, PUBLIC HEARING WILL BE HELD ON APRIL
16, 2013.)
REGULAR CITY COUNCIL MEETING MINUTES, April 2, 2013
Page 3 of 12
APPROVED
Senior Planning and Development Director Ken Baker presented item and was
available to answer questions from Council.
City Attorney Allen Taylor provided Council with historical data associated with the
language of 46.3D. Mr. Taylor informed Council of the action taken by the state
legislature in the late 1970's, which removed the mandatory requirement that there shall
be an affirmative vote of at least three - fourths of all the members of the City Council.
A motion was made to approve Ordinance No. 480 -NNNN, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, deleting Section 46.3d
pertaining to procedures to overrule a recommendation of the Planning and Zoning
commission to deny a proposed changed to a regulation or district boundary.
Motion: Bledsoe
Second: Schelling
Ayes: Bledsoe, Schelling, Terrell, Wang
Nays: Morris, Muller, Zito
Approved: 4 -3
REGULAR AGENDA:
5. PUBLIC FORUM
There were no requests to speak during public forum.
Mayor Terrell moved to item 6J.
6J. 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. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
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, April 2, 2013
Page 4 of 12
A motion was made to approve ZA13 -008, site plan for the Shaddock office building
pursuant to site plan review summary dated March 12, 2013 and noting approval for the
following variances: stacking depth and the 10% parking reduction.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE 480 -635, (ZA13 -017), 2ND READING, ZONING CHANGE AND
CONCEPT PLAN FOR 2009 EAST HIGHLAND STREET ON PROPERTY
BEING DESCRIBED AS TRACT 2F, T. MAHAN SURVEY, ABSTRACT NO.
1049, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2009
EAST HIGHLAND STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING
IS "AG" AGRICULTURAL ZONING DISTRICT. THE REQUESTED ZONING IS
"SF -1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. SPIN #4.
PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
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.
A motion was made to approve Ordinance No. 480 -635, zoning change and concept
plan for 2009 East Highland Street pursuant to the revised concept plan review
summary No. 2, dated March 8, 2013.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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 TRACT 2F, T.
MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT
REGULAR CITY COUNCIL MEETING MINUTES, April 2, 2013
Page 5 of 12
COUNTY, TEXAS BEING APPROXIMATELY 1.97 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT
TO "SF -1A" SINGLE FAMILY RESIDENTIAL ZONING 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 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.
6B. ZA13 -001, SITE PLAN FOR MEMO CORPORATION ON PROPERTY BEING
DESCRIBED AS LOT 1, BLOCK A, ENTEK ADDITION AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 722
SOUTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. THE CURRENT ZONING
IS "1 -1" LIGHT INDUSTRIAL ZONING DISTRICT. SPIN #8 PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented items 6B
and 6C and was available to answer questions from Council.
Applicant representative Amr Elborai 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.
Mr. J. F. Denis, 2118 Miracle Point Drive, spoke in favor of request.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve ZA13 -001, site plan for Memo Corporation located at
722 South Kimball Avenue pursuant to applicant working with the property owner
immediately to the west to replace the chain link fence with a board on board including
stone columns approximately 25' centers; site plan review summary No. 2, dated March
27, 2013 and approving the requested variances: (1) Section 43.13.a.6 of the Zoning
Ordinance, regarding loading docks, (2) Section 43.13.a.8 of the Zoning Ordinance
regarding 4:1 ratio setback for residential adjacency, (3) Section 42.4.e of the Zoning
Ordinance regarding bufferyards, (4) Section 5 of Driveway Ordinance No. 634
regarding minimum driveway separations — proposed 234' versus required 250' and (5)
Tree Preservation Ordinance regarding preservation of existing tree coverage.
Motion: Bledsoe
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Page 6 of 12
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6C. RESOLUTION NO. 13 -018, (ZA13 -029), SPECIFIC USE PERMIT FOR
CARPORTS ON NON - RESIDENTIAL PROPERTY FOR THE MEMO
CORPORATION ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK A,
ENTEK ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS LOCATED AT 722 SOUTH KIMBALL AVENUE,
SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "1 -1" LIGHT INDUSTRIAL
ZONING DISTRICT. SPIN #8. PUBLIC HEARING
APPROVED
This item was presented in conjunction with item 6B.
A motion was made to approve Resolution No. 13 -018, specific use permit for carports
on non - residential property for the Memo Corporation on property located at 722 South
Kimball Avenue and recommending approval of variance for the 4:1 ratio regarding six
parking spots.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
Mayor Terrell recessed the meeting at 9:08 p.m.
Mayor Terrell reconvened the meeting at 9:22 p.m.
6D. ORDINANCE NO. 480 -MMMM, 2 READING, AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480 ADDING VARIANCE
PROVISIONS TO SECTION 45 SPECIFIC USE PERMITS. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
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.
A motion was made to approve Ordinance No. 480 -MMMM, an amendment to the
Comprehensive Zoning Ordinance No. 480 adding variance provisions to Section 45
specific use permits.
Motion: Bledsoe
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Page 7 of 12
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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;
BY ADDING VARIANCE PROVISIONS TO SECTION 45 — SPECIFIC USE PERMITS;
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.
6E. ZA13 -022, SITE PLAN FOR MCDONALD'S ON PROPERTY LOCATED AT 225
NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS AND DESCRIBED AS
LOT 1R2, BLOCK 1, KIMBALV1709 ADDITION, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING IS "C -3"
— GENERAL COMMERCIAL DISTRICT. SPIN #8. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented items 6E
and 6F and was available to answer questions from Council.
Applicant representatives Ted Murday and David Laresen 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. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve ZA13 -022, site plan for McDonald's located at 225 North
Kimball avenue pursuant to site plan review summary No. 3, dated March 27, 2013 and
approving the requested variances to Driveway Ordinance No. 634 for a 37.5' stacking
depth and Ordinance No. 480 to allow the additional drive through lane and storage
building /dumpster enclosure to encroach into the bufferyards as shown on the site plan.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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Page 8 of 12
6F. RESOLUTION NO. 13 -017, (ZA13 -028), SPECIFIC USE PERMIT FOR A
STORAGE BUILDING AT MCDONALD'S ON PROPERTY LOCATED AT 225
NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS AND DESCRIBED AS
LOT 1R2, BLOCK 1, KIMBALL/1709 ADDITION, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING IS "C -3"
– GENERAL COMMERCIAL DISTRICT. SPIN #8. PUBLIC HEARING
APPROVED
This item was presented in conjunction with item 6E.
A motion was made to approve resolution No. 13 -017, specific use permit for a storage
building at McDonald's located at 225 North Kimball Avenue pursuant to site plan
review summary No. 3, dated March 27, 2013; noting the requirement that applicant will
provide a neutral color for the roofing membrane element for the storage building; and
approving requested variances to Sections 45.16(a) and 45.16(i)— three -foot side
setback for accessory building and roof as presented in the elevations.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6G. RESOLUTION NO. 13 -014, (ZA13 -026), SPECIFIC USE PERMIT FOR
TEMPORARY CONSTRUCTION AND /OR SALES FACILITY ON PROPERTY
BEING DESCRIBED AS LOT 11, BLOCK 6, SHADY OAKS PHASE 2F,
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 908
BERKSHIRE ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING IS R -PUD -
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6. PUBLIC
HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
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.
A motion was made to approve Resolution No. 13 -014, specific use permit for
temporary construction and /or sales facility on property being described as Lot 11,
Block 6, Shady Oaks Phase 2F noting the specific use permit will expire November 30,
2013.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
REGULAR CITY COUNCIL MEETING MINUTES, April 2, 2013
Page 9 of 12
Approved: 7 -0
6H. 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, TARRANT COUNTY,
TEXAS. CURRENT ZONING: DT- DOWNTOWN DISTRICT. SPIN #8. PUBLIC
HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented items 6H
and 61 and was available to answer questions from Council.
Applicant representative Frank Bliss 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. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve ZA13 -009, site plan for Del Frisco's Grille located at Lot
3, Block 1 R, Southlake Square Addition pursuant to site plan review summary No. 3,
dated March 1, 2013.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
61. ZA13 -014, PLAT REVISION FOR LOT 3R AND LOT 5, BLOCK 1R,
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 CURRENT ZONING: DT- DOWNTOWN DISTRICT. SPIN #8.
APPROVED
This item was presented in conjunction with item 6H.
A motion was made to approve ZA13 -014, plat revision for Lot 3R and Lot 5, Block 1 R,
Southlake Town Square Addition pursuant to plat review summary No. 3, dated March
1, 2013.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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Page 10 of 12
6J. 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. PUBLIC HEARING
APPROVED
Council took action on this item earlier in the meeting.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. ORDINANCE NO. 1061, 1 ST READING, WATER CONSERVATION MASTER
PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE
PLAN. (IF APPROVED, PUBLIC HEARING WILL BE HELD ON APRIL 16,
2013.)
APPROVED
This item was approved with the consent agenda.
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA)
9. OTHER ITEMS FOR CONSIDERATION:
9A. SV13 -004, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR
WRIGHT PROFESSIONAL BUILDING LOCATED AT 200 EAST SOUTHLAKE
BOULEVARD.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Council did not require a presentation from the applicant.
A motion was made to approve SV13 -004 sign variance to Ordinance No. 704, as
amended, for Wright Professional building located at 200 East Southlake Boulevard
approving the minimum setback required from 12' to zero.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
REGULAR CITY COUNCIL MEETING MINUTES, April 2, 2013
Page 11 of 12
9B. APPROVE CONTRACT AMENDMENT NO. 4 WITH NATHAN D. MAIER
CONSULTING ENGINEERS, INC. FOR WHITE CHAPEL BOULEVARD FROM
STATE HIGHWAY 114 TO EAST HIGHLAND STREET IN THE AMOUNT OF
$53,316.
APPROVED
This item was approved with the consent agenda.
9C. APPROVE CONTRACT AMENDMENT NO. 2 WITH HUITT - ZOLLARS, INC.
FOR WHITE CHAPEL BOULEVARD RECONSTRUCTION PROJECT IN THE
AMOUNT OF $48,170.
APPROVED
This item was approved with the consent agenda.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 10:53 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John Terrell
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Mayor
ATTEST:
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Alicia Richardson : 0%
City Secretary ' •••.. •
REGULAR CITY COUNCIL MEETING MINUTES, April 2, 2013
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