2014-03-04 Regular CC MeetingCITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: March 4, 2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
Call to order
2. Invocation: Clayton Reed
3. Local Business Report
4. Proclamation — Southlake Wuzhong Student Exchange Day
5. Update on Community Recreation Center — Local Option Sales Tax Discussion
6. Discuss all items on tonight's 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 City Attorney
a. Seek the advice of the city attorney regarding legal issues relating
to aircraft noise and airspace utilization.
2. Section 551.072: Deliberation regarding real property
a. Discuss right of way acquisition and process of potential purchase
or lease of real property for city facilities and projects.
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3. Section 551.087: Deliberation regarding economic development
negotiations
a. Discuss the terms and conditions of an economic development
incentive program— Project No. 2014-01.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
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 February 18, 2014 Regular City Council
meeting.
B. Approve Resolution 14-003, a resolution of the City of Southlake, Texas,
approving the terms and conditions of a program to promote economic
development and stimulate business and commercial activity in the City;
authorizing the Mayor to execute an agreement with Excel Southlake I,
L.P., a Delaware Limited Partnership, for such purposes; and providing an
effective date.
C. TABLED ITEMS:
1. Ordinance 1084, (CP13-010) 1s' Reading, Land Use Plan
Amendment from Low Density Residential to Medium Density Residential
and a Text Amendment to write in a site specific recommendation to allow
an assisted living facility for Harborchase of Southlake on property
described as Lot 2, Block 1, Owens Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 250 Shady Oaks Dr.,
Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural
District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN
Neighborhood #6. (This item is administratively tabled to the March
18, 2014 City Council meeting. If approved, the public hearing will be
held on April 1, 2014.)
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2. Ordinance No. 480-658 (ZA13-138) 1St Reading, Zoning Change
and Site Plan for Harborchase of Southlake on property described as Lot
2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 250 Shady Oaks Dr., Southlake, Tarrant
County, Texas. Current Zoning: "AG" Agricultural District. Proposed
Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #6. (This
item is administratively tabled to the March 18, 2014 City Council
meeting. If approved, the public hearing will be held on April 1,
2014.)
3. Ordinance No. 480-660 (ZA14-006), 1St Reading, Zoning Change
and Site Plan for the Westin Hotel on property described as Lot 1, Block 4,
Gateway Church — 114 Campus Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 1200 E. State Highway
114, Southlake, Texas. Current Zoning: "NR -PUD" Non -Residential
Planned Unit Development District. Requested Zoning: "S -P-1" Detailed
Site Plan District. SPIN Neighborhood # 4. (This item is administratively
tabled to the March 18, 2014 City Council meeting. If approved, the
public hearing will be held on April 1, 2014.)
4. ZA14-003, Site Plan for Kimball Business Center on property being
described as Lot 2-R-2, Green Meadow Subdivision, an addition to the
City of Southlake, Tarrant County, Texas, located at 925 S. Kimball
Avenue, Southlake, Texas. Current Zoning: 1-1 - Industrial. SPIN
Neighborhood #8. (This item and public hearing is administratively
tabled to the March 18, 2014 City Council meeting.)
5. Resolution No. 14-006 (ZA14-010) Specific Use Permit to allow
Outdoor Sales or Services at Home Depot on property described as Lot
4A, Block 2, Village Center Addition, City of Southlake, Tarrant County,
Texas and located at 300 Village Center Drive, Southlake, Texas. Current
Zoning: "C-3" General Commercial District. SPIN Neighborhood #8. (This
item and public hearing is administratively tabled to the March 18,
2014 City Council meeting.)
6. Resolution No. 14-007 (ZA14-011) Specific Use Permit to allow a
Temporary Sales Facility on property described as Tract 2A5E, R. Eades
Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and
located at 351 Central Avenue, Southlake, Texas. Current Zoning: "DT"
Downtown District. SPIN Neighborhood #8. (This item and public hearing
is administratively tabled to the March 18, 2014 City Council meeting.)
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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. Resolution No. 14-008 (ZA14-013) Specific Use Permit to allow a
Temporary Construction Facility on property described as Lot 1, Block 1,
Solana Addition, City of Southlake, Tarrant County, Texas and located at
500 W. Dove Road, Southlake, Texas. Current Zoning: "NR -PUD" Non -
Residential Planned Unit Development District. SPIN Neighborhood #1.
PUBLIC HEARING
B. Ordinance 1082 (CP13-009), 2nd Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential for
Remington Estates on property being described as Lot 1, Greg's Country
Acres Addition, and Tracts 2A2 and 2A1 of the S. Freeman Survey
Abstract No. 525, City of Southlake, Tarrant County, Texas, located at
395, 405 and 413 Shady Lane, Southlake, Texas. Current Zoning: "AG"
Agricultural District and "SF -1A" Single Family Residential District.
Requested Zoning: "R -PUD" Residential Planned Unit Development
District. SPIN Neighborhood #4. PUBLIC HEARING
C. Ordinance No. 480-656 (ZA13-134), 2nd Reading, Zoning Change and
Development Plan for Remington Estates on property being described as
Lot 1, Greg's Country Acres Addition, and Tracts 2A2 and 2A1 of the S.
Freeman Survey Abstract No. 525, City of Southlake, Tarrant County,
Texas, located at 395, 405 and 413 Shady Lane, Southlake, Texas.
Current Zoning: "AG" Agricultural District and "SF -1A" Single Family
Residential District. Requested Zoning: "R -PUD" Residential Planned Unit
Development District. SPIN Neighborhood #4. PUBLIC HEARING
D. ZA13-140, Preliminary Plat for Remington Estates on property being
described asLot 1, Greg's Country Addition and Tracts 2A02 and 2A01 of
the S. Freeman Survey Abstract No. 525, an addition to the City of
Southlake, Tarrant County, Texas and located at 395, 405, and 413 Shady
Lane. Current Zoning: "AG" Agricultural and "SF -1A" Single Family
Residential District. Requested Zoning; "R -PUD" Residential Planned Unit
Development. SPIN Neighborhood #4.
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E. Ordinance No. 480-657 (ZA13-135), 2nd Reading, Zoning Change and
Concept/Site Plan for Kimball Park on property described as Tracts 3A1A
and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake,
Tarrant County, Texas and located at 400 and 470 N. Kimball Ave.,
Southlake, Texas. Current Zoning: S -P-2 Generalized Site Plan District.
Requested Zoning: S -P-2 Generalized Site Plan District. SPIN
Neighborhood #4. PUBLIC HEARING
F. ZA13-136, Preliminary Plat for Kimball Park on property described as
Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City
of Southlake, Tarrant County, Texas and located at 400 and 470 N.
Kimball Ave., Southlake, Texas. Current Zoning: "S -P-2" Generalized Site
Plan District. Proposed Zoning: "S -P-2" Generalized Site Plan District.
SPIN Neighborhood #4.
G. Ordinance No. 480-659 (ZA13-142), 2nd Reading, Zoning Change and
Concept Plan for Lots 3-6, W.W. Hall No. 687 Addition on property
described as Tract 1, W.W. Hall Survey, Abstract No. 687, City of
Southlake, Tarrant County, Texas and located at 201 East Highland St.,
Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested
Zoning: "SF -20A" Single Family Residential District.
SPIN Neighborhood #7. PUBLIC HEARING
H. ZA13-143, Plat Showing for Lots 3-6, W.W. Hall No. 687 Addition on
property described as Tract 1, W.W. Hall Survey, Abstract No. 687, City of
Southlake, Tarrant County, Texas and located at 201 East Highland St.,
Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested
Zoning: "SF -20A" Single Family Residential District.
SPIN Neighborhood #7.
Ordinance No. 1085, 2nd Reading, Adopting the 2012 International
Building Code. PUBLIC HEARING
J. Ordinance No. 1086, 2nd Reading, 2012 Adopting the International
Residential Code. PUBLIC HEARING
K. Ordinance No. 1087, 2nd Reading, Adopting the 2012 International Fire
Code. PUBLIC HEARING
L. Ordinance No. 1088, 2nd Reading, Adopting 2012 International Plumbing
Code. PUBLIC HEARING
M. Ordinance No. 1089, 2nd Reading, Adopting the 2012 International Fuel
Gas Code. PUBLIC HEARING
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N. Ordinance No. 1090, 2nd Reading, Adopting the 2012 International
Mechanical Code. PUBLIC HEARING
O. Ordinance No. 1091, 2nd Reading, Adopting 2012 International Energy
Conservation Code. PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration: (There are no items on this agenda.)
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, February 28, 2014 by 6:00 p.m.,
%pursuant to the T t _rnment Code, Chapter 551.
•• ,
Traci Riggs, TRMC*--.....•° .
Deputy City SecrMa1-y}**
a
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. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
5. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent
domain action regarding property located at 1470 North Kimball Avenue,
Southlake, Texas.
6. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
7. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12.
8. Araceli Preljvukaj v. City of Southlake et al, Cause No. 153-267629-13
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
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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.
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er CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MARCH 4, 2014
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 Laura Hill, Carolyn Morris,
Martin Schelling and Randy Williamson.
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, Fire Chief Mike Starr, Director of Human Resources Stacey
Black, Interim Director of Information Technology Greg Hendricks, Deputy Police Chief
Brandon James, Senior Director of Planning and Development Services Ken Baker,
Building Official Paul Ward, 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 5:35 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
Assistant City Manager Alison Ortowski introduced Ragan Lynn with Sally Lynn Homes.
Ms. Lynn provided a description of the services provided, hours of operation, and
location of business.
4. PROCLAMATION — SOUTHLAKE WUZHONG STUDENT EXCHANGE DAY
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 1 of 21
Mayor Terrell recognized and presented a proclamation to Southlake Sister Cities
President Jeff Wang proclaiming March 6, 2014 as Southlake Wuzhong student
exchange day.
At the request of Mayor Terrell, Mr. Wang provided Council with an update on the
Southlake Sister Cities program.
5. UPDATE ON COMMUNITY RECREATION CENTER — LOCAL OPTION SALES
TAX DISCUSSION
Assistant City Manager Ben Thatcher advised that tonight's presentation will provide
Council with a review of the local option sales tax guidelines, the City's current local
options sales tax uses and the recommendation for funding the community recreation
center. The community recreation center project will be completed in a phased
construction with Phase I consisting of the senior center, banquet hall, community
meeting rooms and an amphitheater. The first phase will be funded by cash and the
groundbreaking is anticipated in August or September 2014 with the grand opening to
be held in November or December 2015. The second phase will funded by debt and
will include a gymnasium, job /walk track, fitness, performance training, indoor
playground, aquatics, classrooms and party rooms. The groundbreaking for Phase II is
anticipated in September 2016 with the grand opening scheduled for early 2018. Mr.
Thatcher explained that construction of Phase II will be contingent upon voter approval
of a sales tax election. Currently, the sales tax in the City of Southlake is 8.25% and
the allocation of the tax is 6.25% for the Texas sales tax rate and 2% for the City of
Southlake. The percentage amount that a city, county or special district adopts cannot
exceed 2% at any location within its territorial limits. The adopted sales tax is contingent
upon voter approval.
Mr. Thatcher informed Council that a municipality has a choice of eleven (11) local
option sales use tax — regular sales tax, economic development sales tax Type A,
economic development sales tax Type B, street maintenance sales tax, municipal
development corporation, venue tax (stadium) (rate options), transportation sales tax,
municipal development district, fire control, prevention, EMS district, property tax relief,
and crime control and prevention district —to propose for consideration by voters. Mr.
Thatcher advised that most of the local option sales use taxes are capped at .50% (half
percent) with the exception of the general sales tax.
Mr. Thatcher provided an illustration of the City of Southlake's current sales tax
distribution that depicted 1% (one penny) is allocated toward sales tax that goes to the
City's general fund. The remaining 1% is divided evenly with .50% (half penny)
allocated toward the Crime Control and Prevention District and .50% (half penny)
allocated toward the Southlake Parks Development Corporation (Type B). Mr. Thatcher
advised that the Crime Control and Prevention District was created in November 1997
for a five (5) year time frame and reauthorized by the voters in February 2002 for an
additional 15 years. The purpose of the District is dedicated to crime reduction
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 2 of 21
programs. The Southlake Parks Development Corporation was created in November
1993 with the purpose to develop public parks or other projects as permitted by law.
Staff has researched the various local sales tax options and recommends that the sales
tax distribution be changed to allow the City to utilize a sales tax district (Type A) to
fund the construction and operation of the community recreation center and have the
flexibility to address economic development programs and business infrastructure
related items. Staffs recommendation includes a revised distribution of the 2% sales
tax with 1% (one penny) allocated toward sales tax that goes to the City's general fund.
The remaining 1% is distributed with .50% (half penny) allocated toward the Southlake
Parks Development Corporation, and the remaining .50% (half penny) being distributed
with .125% (1/8 of a penny) allocated toward Crime Control Prevention District and
.375% (3/8 of a penny) allocated toward the proposed Type A sales tax district. Mr.
Thatcher advised Council that the Crime Control and Prevention District would still be
able to fund the District's debt obligations and continue maintenance of the School
Resource Officer (SRO) program. Mr. Thatcher further commented that staffs
recommendation for a Type A economic development sales tax would provide the City
the most flexibility to build and operate the community recreation center and for the
promotion and development of new and expanded business enterprises.
Mr. Thatcher informed Council that an election will be held to determine voter approval
to change the City's distribution of the sales tax as noted above and to create the
proposed Type A sales tax district.
Council and staff discussed the recommendation and directed staff to move forward
with the recommendation as outlined in the presentation. Council also asked staff to be
mindful of the educational communication that is provided to the public regarding the
upcoming May 2015 election.
6. 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 and informed Council that he had a
request to remove item 4B from the consent agenda to be considered separately.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:13
p.m.
2A. EXECUTIVE SESSION
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 3 of 21
Mayor Terrell announced that 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 6:14 p.m. Executive Session began at 6:59 p.m. and concluded at
7:20 p.m.
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:33 p.m. Mayor Terrell asked if any action
was necessary from Executive Session. There was no action necessary as a result of
Executive Session.
3A. MAYOR'S REPORT
3B. CITY MANAGER'S REPORT
REGULAR AGENDA:
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 18, 2014 REGULAR CITY
COUNCIL MEETING.
4B. ITEM REMOVED FROM CONSENT AGENDA.
4C. TABLED ITEMS:
1. ORDINANCE 1084, (CP13 -010) 1 READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY RESIDENTIAL AND A TEXT AMENDMENT TO WRITE IN A
SITE SPECIFIC RECOMMENDATION TO ALLOW AN ASSISTED
LIVING FACILITY FOR HARBORCHASE OF SOUTHLAKE ON
PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND LOCATED AT 250 SHADY OAKS DR., SOUTHLAKE,
TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG"
AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED
SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #6. (THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY
COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE
HELD ON APRIL 1, 2014.)
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 4 of 21
2. ORDINANCE NO. 480 -658 (ZA13 -138) 1 ST READING, ZONING
CHANGE AND SITE PLAN FOR HARBORCHASE OF SOUTHLAKE ON
PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND LOCATED AT 250 SHADY OAKS DR., SOUTHLAKE,
TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG"
AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED
SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #6. (THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY
COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE
HELD ON APRIL 1, 2014.)
3. ORDINANCE NO. 480 -660 (ZA14 -006), 1 ST READING, ZONING
CHANGE AND SITE PLAN FOR THE WESTIN HOTEL ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 4, GATEWAY CHURCH - 114
CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 1200 E. STATE
HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: "NR -PUD"
NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT.
REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT.
SPIN NEIGHBORHOOD # 4. (THIS ITEM IS ADMINISTRATIVELY
TABLED TO THE MARCH 18, 2014 CITY COUNCIL MEETING. IF
APPROVED, THE PUBLIC HEARING WILL BE HELD ON APRIL 1,
2014.)
4. ZA14 -003, SITE PLAN FOR KIMBALL BUSINESS CENTER ON
PROPERTY BEING DESCRIBED AS LOT 2 -R -2, GREEN MEADOW
SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, LOCATED AT 925 S. KIMBALL AVENUE,
SOUTHLAKE, TEXAS. CURRENT ZONING: 1 -1 - INDUSTRIAL. SPIN
NEIGHBORHOOD #8. (THIS ITEM AND PUBLIC HEARING IS
ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY
COUNCIL MEETING.)
5. RESOLUTION NO. 14 -006 (ZA14 -010) SPECIFIC USE PERMIT TO
ALLOW OUTDOOR SALES OR SERVICES AT HOME DEPOT ON
PROPERTY DESCRIBED AS LOT 4A, BLOCK 2, VILLAGE CENTER
ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
LOCATED AT 300 VILLAGE CENTER DRIVE, SOUTHLAKE, TEXAS.
CURRENT ZONING: "C -3" GENERAL COMMERCIAL DISTRICT. SPIN
NEIGHBORHOOD #8. (THIS ITEM AND PUBLIC HEARING IS
ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY
COUNCIL MEETING.)
6. RESOLUTION NO. 14 -007 (ZA14 -011) SPECIFIC USE PERMIT TO
ALLOW A TEMPORARY SALES FACILITY ON PROPERTY
DESCRIBED AS TRACT 2A5E, R. EADES SURVEY, ABSTRACT NO.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 5 of 21
481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
LOCATED AT 351 CENTRAL AVENUE, SOUTHLAKE, TEXAS.
CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN
NEIGHBORHOOD #8. (THIS ITEM AND PUBLIC HEARING IS
ADMINISTRATIVELY TABLED TO THE MARCH 18, 2014 CITY
COUNCIL MEETING.)
APPROVED
A motion was made to approve the consent agenda as discussed to move item 4B to
the regular agenda.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
4B. APPROVE RESOLUTION 14 -003, A RESOLUTION OF THE CITY OF
SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A
PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE
BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH EXCEL SOUTHLAKE I, L.P., A
DELAWARE LIMITED PARTNERSHIP, FOR SUCH PURPOSES; AND
PROVIDING AN EFFECTIVE DATE.
APPROVED
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS
AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT
AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY;
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EXCEL
SOUTHLAKE I LP, A DELAWARE LIMITED PARTNERSHIP, FOR SUCH PURPOSES;
AND PROVIDING AN EFFECTIVE DATE.
A motion was made to approve Resolution No. 14 -003.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Williamson
Nays: Schelling
Approved: 6 -1
5. PUBLIC FORUM
There being no one wishing to speak, Mayor Terrell closed the public forum.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 6 of 21
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. RESOLUTION NO. 14 -008 (ZA14 -013) SPECIFIC USE PERMIT TO ALLOW A
TEMPORARY CONSTRUCTION FACILITY ON PROPERTY DESCRIBED AS
LOT 1, BLOCK 1, SOLANA ADDITION, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 500 WEST DOVE ROAD, SOUTHLAKE,
TEXAS. CURRENT ZONING: "NR -PUD" NON - RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #1. 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. 14 -008, a specific use permit to allow a
temporary construction facility for the Solana Addition subject to the following: existing
six -foot opaque fence material surrounding the property remain in place; the specific
use permit expiring on the earlier of 60 days after certificate of occupancy is issued or
November 15, 2014; approval of requested variances for the building not to be skirted,
landscaping requirement not being met and the paved parking spaces not being
provided; and pursuant to the Planning and Zoning Commission recommendations.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION
AND /OR SALES FACILITY ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1,
SOLANA ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND
LOCATED AT 500 WEST DOVE ROAD, SOUTHLAKE, TEXAS, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE
APPROVED PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
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Page 7 of 21
6B. ORDINANCE 1082 (CP13 -009), 2 READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL FOR REMINGTON ESTATES ON PROPERTY BEING
DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION, AND
TRACTS 2A2 AND 2A1 OF THE S. FREEMAN SURVEY ABSTRACT NO. 525,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 395, 405
AND 413 SHADY LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG"
AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL
DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING
DENIED WITHOUT PREJUDICE
Senior Director of Planning and Development Services Ken Baker presented items 6B,
6C, and 6D and was available to answer questions from Council. Mr. Baker's
presentation included a review of requested changes made by Council at their February
18, 2014 City Council meeting.
Applicant representatives Tom Matthews and Curtis Young reviewed changes that were
made following Council's discussion on February 18, 2014.
Mr. Matthews asked Fire Chief Mike Starr to respond to Council's question regarding
existing accessibility and lack of services to the property owned by Mr. and Mrs.
Fusella, Mr. and Mrs. Mertz, and Ms. LaTurno. Fire Chief Starr informed Council the
current access to the property is by way of a dirt road. The City's only hydrant is
located at Shady Lane's entrance. Due to the distance, the City would be required to
utilize two fire trucks to gain access and ample water supply. Chief Starr commented
that the proposal would provide a paved street and fire hydrants located throughout the
development. Chief Starr commented that Mr. Fusella's address could be flagged in the
City's CAD system that would inform emergency vehicles to enter off Remington to
access the house.
Mayor Terrell opened the public hearings for items 6B and 6C and asked for anyone
wishing to speak on the item to come forward.
The following people spoke in opposition: Mr. David Dowd, 2900 Hillcastle Lane; Ms.
Ximena Perjea, 2820 Rainforest Court; Ms. Marlene Spady, 2860 Rainforest Court; Mr.
Joseph R. Bayer, 2829 Rainforest Court; Mr. Brent Sheffield, 800 Simmons Court; Mr.
Paul Locklin, 2620 Rolling Lane; Mr. David Stanhope, 2530 Greenbough Lane; Ms.
Angie Vodraska, 2800 Rainforest Court; Mr. Thomas Kaiser, 2820 Hillcastle Lane; Ms.
Nancy DePue, 2810 Rainforest; Mr. Jim DePue, 2810 Rainforest Court; Mr. A.C.
Urbanosky, 2859 Raintree; Ms. Jennifer Allfricht (speaking on behalf of family), 2810
Rolling Lane; Ms. Susan Johnson, 839 Simmons Court (presented Council with 100
signatures, which will be filed with the minutes); Ms. Antonia Buban, 603 Shady Lane;
Lloyd and Alice Satterfield (did not speak), 2417 Greenbough Lane; Ms. Helen Hansen
Clary, 415 Shady Lane (read a letter on behalf of Mr. Hunter Haas of 616 Shady Lane,
which will be filed with the minutes); Ms. Janet Rogers, 425 Shady Lane; Ms. Kay
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 8 of 21
Absher, 410 Shady Lane (clarified at meeting that she is in opposition); Ms. Nancy
Trissell, 615 Shady Lane; Mr. Tim Miller, 2509 Rolling Lane; Mr. Scott Sathcer, 2725
Raintree Drive; and Ms. Elizabeth Johnson, 2460 Raintree Drive.
The following people did not wish to speak, but asked that their opposition be recorded:
Ms. Flora Swanson, 2480 Greenbough Lane; Ms. Carol Dowd, 2900 Hillcastle Lane;
Ms. Paula Sathcer, 2725 Raintree Drive; Ms. Stephanie Basinger, 2869 Rainforest
Court; Ms. Linda Ann Bayer, 2829 Rainforest Court; Mr. Harold Trissell, 615 Shady
Lane; Ms. Donna Miller, 2509 Rolling Lane; Mr. Pete Azamar, 780 Shady Lane; Ms.
Kathy Bentley, 2481 Greenbough Lane;
The following people spoke in support: Ms. Michel Fusella, 409 Shady Lane; Mr. Tim
Bradford, 405 Shady Lane; Mr. Jim Mertz (representing parents at 1008 Woodbriar
Drive); and Ms. Bevery Wells (speaking on behalf of Ms. LaTurno at 413 Shady Lane).
There being no one else wishing to speak, Mayor Terrell closed the public hearings for
items 6B and 6C.
Executive Session
Mayor Terrell announced that Council would convene into Executive Session as
authorized by Texas Government Code, Section 551.071, consultation with city
attorney. City Council adjourned for Executive Session at 9:25 p.m. Executive Session
began at 9:28 p.m. and concluded at 10:08 p.m.
Mayor Terrell reconvened the meeting at 10:15 p.m. Mayor Terrell announced there
was no action necessary as the result of Executive Session.
Mr. Matthews responded to comments made by the citizens during the public hearing.
A motion was made to deny Ordinance No. 1082, land use plan amendment from low
density to medium density residential without prejudice.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Motion to deny carried: 7 -0
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.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 9 of 21
6C. ORDINANCE NO. 480 -656 (ZA13 -134), 2 READING, ZONING CHANGE AND
DEVELOPMENT PLAN FOR REMINGTON ESTATES ON PROPERTY BEING
DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION, AND
TRACTS 2A2 AND 2A1 OF THE S. FREEMAN SURVEY ABSTRACT NO. 525,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 395, 405
AND 413 SHADY LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG"
AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL
DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING
DENIED WITHOUT PREJUDICE
This item was presented in conjunction with item 6B and 6D.
A motion was made to deny Ordinance No. 480 -656, zoning change and development
plan for Remington Estates without prejudice.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Motion to deny carried: 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 LOT 1, GREG'S
COUNTRY ADDITION AND TRACTS 2A02 AND 2A01 OF THE S. FREEMAN
SURVEY ABSTRACT NO. 525— AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.43 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R-
PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS DEPICTED ON THE
APPROVED DEVELOPMENT 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.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 10 of 21
6D. ZA13 -140, PRELIMINARY PLAT FOR REMINGTON ESTATES ON
PROPERTY BEING DESCRIBED ASLOT 1, GREG'S COUNTRY ADDITION
AND TRACTS 2A02 AND 2A01 OF THE S. FREEMAN SURVEY ABSTRACT
NO. 525, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND LOCATED AT 395, 405, AND 413 SHADY LANE. CURRENT
ZONING: "AG" AGRICULTURAL AND "SF -1A" SINGLE FAMILY
RESIDENTIAL DISTRICT. REQUESTED ZONING; "R -PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT. SPIN NEIGHBORHOOD #4.
DENIED WITHOUT PREJUDICE
This item was presented in conjunction with items 6B and 6C.
A motion was made to deny ZA13 -140, preliminary plat for Remington Estates without
prejudice.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Motion to deny carried: 7 -0
At the request of the Mayor, City Attorney Allen Taylor explained that development
proposals that have been denied by the governing body include a prohibition that the
developer may not resubmit a proposal for at least one year on the same property.
When a governing body denies a development proposal without prejudice it allows the
developer to resubmit a proposal within one year. The new submittal will initiate the
entire process beginning with the Planning and Zoning Commission and appropriate
legal notices.
6E. ORDINANCE NO. 480-657 (ZA13 -135), 2 READING, ZONING CHANGE AND
CONCEPT /SITE PLAN FOR KIMBALL PARK ON PROPERTY DESCRIBED
AS TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO.
1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED
AT 400 AND 470 N. KIMBALL AVE., SOUTHLAKE, TEXAS. CURRENT
ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. REQUESTED
ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN
NEIGHBORHOOD #4. 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 Jeff Medici (Medici Development Partners), Phillip Stewart
(Myhre Group Architects), Jimmy Fechter (Adams Engineering), Michael Lusick
(Cambria Brand Operations), Scott Rosenberg (Jonathan Nehmer + Assoc., Inc.), and
Michael DeMaria (M Culinary Concepts) reviewed changes that were made following
Council's discussion on February 18, 2014.
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Page 11 of 21
Council discussed the changes presented by the applicants. In response to questions
from Council, Mr. DeMaria discussed the cuisine that would be provided at the hotel and
Mr. Lusick clarified the restaurant's hours of operation.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward. Mayor Terrell advised that he received comment cards from the
following people who supported the request, but did not wish to speak: Randy and
Jennifer Robbins, 1190 East Dove Road; Mr. Tim Stone, 2606 Day Court; and Pamela
Medici, 2123 Cheyenne Park.
There being no one wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 480 -657, zoning change and
concept/site plan for Kimball Park pursuant to the following: revised concept plan review
summary No. 3, dated February 26, 2014; approving requested variances — driveway
and minimum required stacking and Subdivision Ordinance 483, Section 8.01(A), as
amended, which requires every lot to be on a public or private street and as requested
to allow the lots to be configured as shown on the revised concept plan; also noting the
requirements under this motion are pursuant to: (1) the revised renderings that were
presented to Council this evening; (2) the Declaration of Covenants, Restrictions, and
easements (CCR) as presented to Council in the application this evening; (3) the
revised landscape plan presented to Council; (4) the revised permitted uses, as
presented from Adams Engineering in their letter dated March 4, 2014, noting that the
drive - through service will only be allowed for Lot 4; (5) also noting the balance of the
concept plan for the buildings that are not included in this site plan approval that it is
Council's expectation there will be 100% masonry construction; (6) the permitted uses
represented from Adams Engineering that the food service hours of operations as noted
in the application that "they will close no later than 11:00 p.m." that it is Council's
intention to have wording that mentions that it will be "no earlier than 11:00 p.m.; (7) the
office building in the concept plan will be a four story construction and that additional
parking will be presented on the first level underneath the building; (8) and pursuant to
the revised concept/site plan as presented this evening.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Williamson
Nays: Schelling
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
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Page 12 of 21
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 15.518
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN
DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT AND SITE PLANS
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.
6F. ZA13 -136, PRELIMINARY PLAT FOR KIMBALL PARK ON PROPERTY
DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY,
ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
AND LOCATED AT 400 AND 470 N. KIMBALL AVE., SOUTHLAKE, TEXAS.
CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT.
PROPOSED ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN
NEIGHBORHOOD #4.
APPROVED
This item was presented in conjunction with item 6E.
A motion was made to approve ZA13 -136, preliminary plat for Kimball Park pursuant to
the following: plat review summary No. 2, dated January 3, 2014; noting approval of the
requested variances — driveway stacking depth and requirement that every lot front a
public or private street and lots be completed as shown on the concept plan.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
6G. ORDINANCE NO. 480 -659 (ZA13 -142), 2ND READING, ZONING CHANGE
AND CONCEPT PLAN FOR LOTS 3-6, W.W. HALL NO. 687 ADDITION ON
PROPERTY DESCRIBED AS TRACT 1, W.W. HALL SURVEY, ABSTRACT
NO. 687, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
LOCATED AT 201 EAST HIGHLAND ST., SOUTHLAKE, TEXAS. CURRENT
ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF-
20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #7.
PUBLIC HEARING
APPROVED
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Page 13 of 21
Senior Director of Planning and Development Services Ken Baker presented items 6G
and 6H and was available to answer questions from Council.
Applicant representative Kosse Maykus was present and responded to Council member
Morris' question regarding drainage for the development.
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 -659, zoning change and concept
plan for Lots 3 -6 on the W.W. Hall No. 687 Addition noting the following: approving the
variance to the tree preservation ordinance; accepting the Planning and Zoning
Commission's recommendation for variance from the ordinance for each tree that will be
removed to plant one (1) at a minimum with a 4 -inch caliper; accepting the
understanding of the drainage situation that these Tots will tie into the existing drainage
receptacle at the southwest corner of Lot 17 (adjacent to Chelsea Park).
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
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 LEGALLY DESCRIBED AS
TRACT 1, W.W. HALL SURVEY, ABSTRACT NO. 687, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 201 E. HIGHLAND STREET,
SOUTHLAKE, TEXAS, BEING APPROXIMATELY 2.991 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL
DISTRICT TO "SF -20A" SINGLE FAMILY RESIDENTIAL 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.
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Page 14 of 21
6H. ZA13 -143, PLAT SHOWING FOR LOTS 3 -6, W.W. HALL NO. 687 ADDITION
ON PROPERTY DESCRIBED AS TRACT 1, W.W. HALL SURVEY,
ABSTRACT NO. 687, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
AND LOCATED AT 201 EAST HIGHLAND ST., SOUTHLAKE, TEXAS.
CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED
ZONING: "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN
NEIGHBORHOOD #7.
APPROVED
This item was presented in conjunction with item 6G.
A motion was made to approve ZA13 -143, plat showing for Lots 3 -6, in the W.W. Hall
No. 687 Addition pursuant to the plat review summary No. 2, dated January 31, 2014.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
61. ORDINANCE NO. 1085, 2 READING, ADOPTING THE 2012
INTERNATIONAL BUILDING CODE. 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. 1085, adopting the 2012 International
Building Code.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE 2012 EDITION OF THE INTERNATIONAL
BUILDING CODE, REGULATING THE ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION,
CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND
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Page 15 of 21
MAINTENANCE OF ALL BUILDINGS OR STRUCTURES, EXCEPT ONE- AND TWO -
FAMILY DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS
(TOWNHOUSES), AND INCLUDING THE NATIONAL ELECTRICAL CODE AS
REFERENCED HEREIN, IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE
ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING
OF SUCH CODE AS A PUBLIC RECORD; 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.
6J. ORDINANCE NO. 1086, 2ND READING, 2012 ADOPTING THE
INTERNATIONAL RESIDENTIAL CODE. 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. 1086, adopting the 2012 International
Residential Code.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE 2012 EDITION OF THE INTERNATIONAL
RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS, REGULATING
THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,
MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT,
USE, HEIGHT, AREA AND MAINTENANCE OF ALL ONE- AND TWO- FAMILY
DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS (TOWNHOUSES) IN
THE CITY OF SOUTHLAKE AND PROVIDING FOR THE ADOPTION OF LOCAL
AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A
PUBLIC RECORD 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
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Page 16 of 21
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
6K. ORDINANCE NO. 1087, 2ND READING, ADOPTING THE 2012
INTERNATIONAL FIRE CODE. 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. 1087, adopting the 2012 International
Fire Code.
Motion: Bledsoe
Second: Williamson
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 15,
ARTICLE III, "FIRE CODE" OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTHLAKE, TEXAS BY ADOPTING THE 2012 EDITION OF THE INTERNATIONAL
FIRE CODE; REPEALING ORDINANCE NUMBER 931A AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE
AND EXPLOSION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS
THERETO; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
6L. ORDINANCE NO. 1088, 2ND READING, ADOPTING 2012 INTERNATIONAL
PLUMBING CODE. 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, MARCH 4, 2014
Page 17 of 21
A motion was made to approve Ordinance No. 1088, adopting the 2012 International
Plumbing Code.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2012
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
6M. ORDINANCE NO. 1089, 2ND READING, ADOPTING THE 2012
INTERNATIONAL FUEL GAS CODE. 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. 1089, adopting the 2012 International
Fuel Gas Code.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2012
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 18 of 21
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
6N. ORDINANCE NO. 1090, 2ND READING, ADOPTING THE 2012
INTERNATIONAL MECHANICAL CODE. 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. 1090, adopting the 2012 International
Mechanical Code.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2012
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
60. ORDINANCE NO. 1091, 2ND READING, ADOPTING 2012 INTERNATIONAL
ENERGY CONSERVATION CODE. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 19 of 21
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. 1091, adopting the 2012 International
Energy Conservation Code.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE 2012 EDITION OF THE INTERNATIONAL
ENERGY CONSERVATION CODE, REGULATING THE DESIGN OF BUILDING
ENVELOPES FOR ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE
AND THE DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL, SERVICE
WATER - HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY
OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS
THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC
RECORD; 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.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA)
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA)
9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS
AGENDA)
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 12:07 a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 20 of 21
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John C. Terrell
Mayor
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Alicia Richardson, TRMC I. . t
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REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2014
Page 21 of 21