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2017-05-16 Regular CC Meeting CITY OF SOUTHLAKE TEXAS a REGULAR CITY COUNCIL MEETING MAY 162017 j LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall I WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Clayton Reed 3. Oaths of Office and reception for City Council, Place 1 and City Council, Place 6 4. 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 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these 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 sub'ect matter of this City Council meeting. 1. Section 551.071: Consultation with city attorne a. Seek advice of the city attorney regarding legal issues related to legislative items. b. Seek advice of the city attorney regarding legal issues associated with residential construction claims. C. Seek advice of the city attorney regarding a claim made by the Protective Parents Coalition. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. City of Southlake values.- Integrity alues.Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 16, 2017 Page 2 of 7 3. Section 551.074: Deliberation regarding ersonnel matters a. Deliberate the appointment or dismissal of city board and commission members. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Southlake Kids Interested in Leadership (SKIL) Update 2. Run4Elise Update j B. City Manager's Report 1. Office of Emergency Management Update 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 May 2, 2017 regular City Council meeting. B. Approve Resolution No. 17-024, Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tem. C. Approve an interlocal agreement with the Town of Westlake for the construction of the Kirkwood Boulevard/Solana Drive intersection and signalization improvements. D. Approve Southlake Parks Development Corporation Matching Funds project request from Southlake Carroll Lacrosse Association for an amount not to exceed $85,000 for the construction of a wall ball court at North Park. E. Approve Ordinance No. 480-727, (ZA17-026), 1st Reading, Zoning Change and Concept Plan for Lots 17, 18 and 19, J.J. Freshour No. 521 Addition on property described as Tracts 9131 and 9C1A, J.J. Freshour Survey, Abstract No. 521, City of Southlake, Tarrant County, Texas, and located at 550 Randol Mill Avenue and 2300 Hillside Court, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF- 1A" Single Family Residential District. SPIN #11. (If approved on first reading, a public hearing will be held on June 6, 2097.) City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 16, 2017 Page 3 of 7 F. This item was intentionally left blank. G. Approve a contract with C. Green Scaping, L.P. for the construction of the Southlake Entry Monument Sign located at the intersection of FM 1709 (East Southlake Boulevard) and Gateway Drive in an amount not to exceed $149,589. H. Excuse the absences of Commissioner Kate Smith from the April 20, 2017 and May 4, 2017 Planning and Zoning Commission meetings. I. Approve Ordinance No. 1172, 15t Reading, Approving a negotiated settlement between Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp. Mid-Tex Division. (If approved on first reading, the public hearing will be held on June 6, 2017.) i J. Table ZA17-013, Site Plan for the Glen Alan Salon on property being described as Lot 2R2, Block 1, Miron Addition, City of Southlake, Tarrant County, Texas, located at 205 Miron Drive, Southlake, Texas. Current Zoning: "13-1" Business Service Park District. SPIN #8. PUBLIC HEARING (This item has been requested to be tabled by the applicant to the June 6, 2017 City Council meeting.) REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non-agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-725 (ZA17-025), 2Id Reading, Zoning Change and Concept Plan for a single-family residential lot to be known as Lot 14, L.B.G. Hall No. 686 Addition on property described as Tract 2E, L.B.G. Hall Survey, Abstract No. 686 and Tract 9C, T.M. Hood Survey, Abstract No. 706, in the City of Southlake, Tarrant County, Texas, and addressed as 583 Shady Oaks Drive, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF-30" Single-Family Residential District. SPIN #7. PUBLIC HEARING B. This item was intentionally left blank. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 16, 2017 Page 4 of 7 C. Resolution No. 17-022, (ZA17-031), Specific Use Permit for Telecommunications Towers, Antennas, or Ancillary Structures on property described as Lot 1, Block 1, Carroll ISD No. 3 Addition, an addition to the City of Southlake, Tarrant County, Texas located at 2400 North Carroll Avenue, Southlake, Texas. Current Zoning: "CS" Community Services District. SPIN #2. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-726, (ZA17-016), 15t Reading, Zoning Change and Development Plan for Crescent Heights on property described as Tracts 3H, 3H1, 3J, 3J1, 3J1A, 3J1B, 3J1C and 3J2, Little Berry G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas, Lots 1 R1 and 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas; and Lots 5, 6, 7 and 8, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 720 through 1120 West Southlake Boulevard and 250 through 330 Shady Oaks Drive, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF-1A" Single Family Residential District. Requested Zoning: "R- PUD" Residential Planned Unit Development District". SPIN #6. (If approved on first reading, a public hearing will be held on June 6, 2097.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Approve Residential Developer Agreement with Landlock, LLC for the Matthews Court development in an amount not to exceed $460,000. B. Approve Whitaker Studio's final concept by artist Lyman Whitaker and approve contract with Whitaker Studio in the amount of$70,126 to provide public art to be installed at Frank Edgar Cornish, IV Park. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. i City of Southlake values: Integrity♦ Innovation Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 16, 2017 Page 5 of 7 CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, May 12, 2017 by 6:00 p.m., pursuant to the Texas Govern ,q ode, Chapter 651. i X480 ....... �kF A pa�(� .. lC ; 7 Lori Payne, TR City Secretary If you plan to attend th" , puBrr' � htg and have a disability that requires special needs, please advise the 8f#j#6asi &y's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. i i I i City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda May 16, 2017 Page 6 of 7 I 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 H. Watson v. City of Allen, et.al.; Civil Action No. 4:15-CV-00335-A. 7. Constance Westfall v. Jose Luna, Nathaniel Anderson, Venessa Trevino, Chris Melton, and Thomas Roberson, and the City of Southlake; Civil Action No. 4:15- CV-00874-0. 8. Chad Wilson and Martha Wilson, Individually and as next friend, for S.W. v. City of Southlake, Southlake Police Department and Randy Baker, Individually; Civil Action No. 4:16-cv-00057. 9. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-281936-15. Section 551.072: Deliberation re-garding 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 551.07.6: Deliberation regarding security devices. The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda j May 16, 2017 Page 7 of 7 Section 551.087: Deliberation regarding economic development negotiations. The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Section 418.183(D: 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 'i 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. i Section 418.106(d) & (e): Local meetings to discuss eme[gency emergencymanagement plans regarding i eline 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. i City of Southlake values.- Integrity alues.Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork teCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES MAY 16, 2017 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Laura Hill, Mayor Pro Tem Randy Williamson, Deputy Mayor Pro Tern Shawn McCaskill, and Councilmembers John Huffman, Chad Patton, and Shahid Shafi. CITY COUNCIL ABSENT: Councilmember Gary Fawks STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager / Director of Economic Development and Tourism Alison Ortowski, Deputy Director of Marketing and Communications Pilar Schank, Assistant to the City Manager Lauren LaNeave, Deputy Director of Economic Development Daniel Cortez, Chief Financial Officer Sharen Jackson, Director of Community Services Chris Tribble, Assistant to the Director of Community Services Cassie Tucker, Police Chief James Brandon, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Information Technology Greg Hendricks, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Rob Cohen, Deputy Director of Public Works Kyle Hogue, City Attorney Allen Taylor, and Deputy City Secretary Carol Borges WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Laura Hill at 5:30 p.m. 2. INVOCATION Clayton Reed gave the invocation. Mayor Laura Hill led the pledges of allegiance to the United States and Texas Flags. 3A1. SOUTHLAKE KIDS INTERESTED IN LEADERSHIP (SKIL) UPDATE This item taken out of order by Mayor Hill. Deputy Director of Economic Development Daniel Cortez introduced CISD Staff Liaison Mr. Morman and the SKIL participants. Several SKIL members addressed Council. Mayor Hill and Councilmembers thanked Daniel Cortez, Mr. Morman, and the students. REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 1 of 11 4. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Laura Hill reviewed the items on tonight's consent agenda and Council asked questions of staff. Mayor Hill asked that under Item 4B, Randy Williamson serve as Mayor Pro Tern and Shawn McCaskill serve as Deputy Mayor Pro Tern, both for the next year. Mayor Hill removed Item 4H from consent to put on the regular agenda. 3. OATHS OF OFFICE AND RECEPTION FOR CITY COUNCIL, PLACE 1 AND CITY COUNCIL, PLACE 6 Mayor Hill announced Councilmember Gary Fawks is stepping down from Council due to receiving a professional promotion which will greatly increase his travel requirements. Mayor Hill expressed her appreciation to Councilmember Fawks for his service and stated the Council will honor him at a later date, when his schedule allows. Judge Carol Montgomery administered the Oath of Office to Councilmember Shahid Shafi, Place 1. Councilmember Shafi addressed the Mayor, Council, and the audience. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Laura Hill at 6:05 p.m. 2A. EXECUTIVE SESSION Mayor Laura Hill announced the City Council would go into Executive Session pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, consultation with attorney and 551.072, deliberation regarding real property and 551.074 deliberation regarding personnel matters. City Council adjourned for Executive Session at 6:05 p.m. Mayor Hill invited attendees to proceed to the reception in the lobby. Executive Session began at 6:43 p.m. and concluded at 7:41 p.m. 2B. RECONVENE Mayor Laura Hill reconvened the meeting at 7:49 p.m. and asked if there was needed action from the executive session. There was no action required following executive session. Deputy Mayor Pro Tem Shawn McCaskill requested to move Item 4H from the consent agenda to the regular agenda and to move Item 9A from the regular agenda to the consent agenda and to approve it as to Option C. REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 2 of 11 3. REPORTS: 3A. MAYOR'S REPORT 3A1. SOUTHLAKE KIDS INTERESTED IN LEADERSHIP (SKIL) UPDATE This item was heard during the Work Session, after Item 2. 3A2. RUN4ELISE UPDATE Lori Cerami and son Bryce addressed the Council and presented a report on the Run4Elise event held on April 8, 2017. Mayor Hill thanked Mrs. Cerami. Mayor Hill announced National Police Week. National Police Officers' Memorial Day was on Monday, May 15th, and a proclamation was presented at DPS Headquarters by the Mayor and Councilmember Shafi. 3B. CITY MANAGER'S REPORT City Manager Shana Yelverton introduced Fire Chief Mike Starr. Chief Starr introduced Emergency Management Coordinator Eric Hutmacher who provided an update on the Office of Emergency Management. 4. CONSENT AGENDA Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Laura Hill read the consent agenda items into the record. 4A. APPROVE MINUTES FROM THE MAY 2, 2017 REGULAR CITY COUNCIL MEETING. 4B. APPROVE RESOLUTION NO. 17-024, APPOINT A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM. 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, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO CHAPTER 2, SECTION 2.07 OF THE HOME RULE CHARTER, AND PROVIDING AN EFFECTIVE DATE. 4C. APPROVE AN INTERLOCAL AGREEMENT WITH THE TOWN OF WESTLAKE FOR THE CONSTRUCTION OF THE KIRKWOOD BOULEVARD/SOLANA DRIVE INTERSECTION AND SIGNALIZATION IMPROVEMENTS. REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 3 of 11 4D. APPROVE SOUTHLAKE PARKS DEVELOPMENT CORPORATION MATCHING FUNDS PROJECT REQUEST FROM SOUTHLAKE CARROLL LACROSSE ASSOCIATION FOR AN AMOUNT NOT TO EXCEED $85,000 FOR THE CONSTRUCTION OF A WALL BALL COURT AT NORTH PARK. 4E. APPROVE ORDINANCE NO. 480-727, (ZA17-026), 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR LOTS 17, 18 AND 19, J.J. FRESHOUR NO. 521 ADDITION ON PROPERTY DESCRIBED AS TRACTS 9B1 AND 9C1A, J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 550 RANDOL MILL AVENUE AND 2300 HILLSIDE COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #11. (IF APPROVED ON FIRST READING, A PUBLIC HEARING WILL BE HELD ON JUNE 6, 2017.) 4F. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4G. APPROVE A CONTRACT WITH C. GREEN SCAPING, L.P. FOR THE CONSTRUCTION OF THE SOUTHLAKE ENTRY MONUMENT SIGN LOCATED AT THE INTERSECTION OF FM 1709 (EAST SOUTHLAKE BOULEVARD) AND GATEWAY DRIVE IN AN AMOUNT NOT TO EXCEED $149,589. 4H. EXCUSE THE ABSENCES OF COMMISSIONER KATE SMITH FROM THE APRIL 20, 2017 AND MAY 4, 2017 PLANNING AND ZONING COMMISSION MEETINGS. Item 4H was removed from the consent agenda to be considered separately. 41. APPROVE ORDINANCE NO. 1172, 1ST READING, APPROVING A NEGOTIATED SETTLEMENT BETWEEN ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP. MID-TEX DIVISION. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON JUNE 6, 2017.) 4J. TABLE ZA17-013, SITE PLAN FOR THE GLEN ALAN SALON ON PROPERTY BEING DESCRIBED AS LOT 2R2, BLOCK 1, MIRON ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 205 MIRON DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "B-1" BUSINESS SERVICE PARK DISTRICT. SPIN #8. PUBLIC HEARING (THIS ITEM HAS BEEN REQUESTED TO BE TABLED BY THE APPLICANT TO THE JUNE 6, 2017 CITY COUNCIL MEETING.) 9A. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH LANDLOCK, LLC FOR THE MATTHEWS COURT DEVELOPMENT IN AN AMOUNT NOT TO EXCEED $456,500. REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 4 of 11 Item 9A was moved from the regular agenda to the consent agenda. APPROVED Motion was made to approve Items 4A through 4J, the consent agenda, noting the following: • Item 4F was intentionally left blank, • Item 4J has been tabled to the June 6, 2017 City Council meeting, • Item 4B Mayor Hill is appointing Randy Williamson to Mayor Pro Tern for a one-year term and Shawn McCaskill to Deputy Mayor Pro Tern for a one-year term, • Removing Item 4H from the consent agenda to be considered separately, immediately following consent, and • Moving Item 9A to consent to approve the Residential Developer Agreement with Landlock, LLC for the Matthews Court Development in an amount not to exceed $456,500. Motion: Williamson Second: McCaskill Ayes: Hill, Huffman, McCaskill, Patton, Shafi, Williamson Approved: 6-0 4H. EXCUSE THE ABSENCES OF COMMISSIONER KATE SMITH FROM THE APRIL 20, 2017 AND MAY 4, 2017 PLANNING AND ZONING COMMISSION MEETINGS. DENIED Motion was made to deny Item 4H, excusing the absences of Commissioner Kate Smith from the April 20, 2017 and May 4, 2017 Planning and Zoning Commission meetings. Motion: Williamson Second: McCaskill Ayes: Hill, Huffman, McCaskill, Patton, Shafi, Williamson Approved: 6-0 (to deny) 5. PUBLIC FORUM. Mayor Laura Hill opened the public forum. There being no one wishing to speak, Mayor Hill closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480-725 (ZA17-025), 2ND READING, ZONING CHANGE AND CONCEPT PLAN FOR A SINGLE-FAMILY RESIDENTIAL LOT TO BE KNOWN AS LOT 14, L.B.G. HALL NO. 686 ADDITION ON PROPERTY DESCRIBED AS TRACT 2E, L.B.G. HALL SURVEY, ABSTRACT NO. 686 REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 5of11 AND TRACT 9C, T.M. HOOD SURVEY, ABSTRACT NO. 706, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND ADDRESSED AS 583 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "SF-30" SINGLE-FAMILY RESIDENTIAL DISTRICT. SPIN #7. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 6A and answered questions from Council. Although the applicant was present, a presentation was not required. Mayor Laura Hill opened the public hearing. There being no one wishing to speak, Mayor Hill closed the public hearing. Motion was made to approve Item 6A, Ordinance No. 480-725 (ZA17-025), 2nd Reading, Zoning Change and Concept Plan, subject to staff report dated May 10, 2017 and Concept Plan Review Summary No 2, dated April 4, 2017, and also noting the following: • City Council is not requiring any Land Use Plan amendment from low density to medium density due to the following finding: • The proposed lot is below one net acre in size after right-of-way dedication. • The "SF-30" zoning designation is the least dense residential district that is compatible with the existing tract size. • A home was preexisting on this tract and approval of this zoning case does not result in the creation of any additional buildable lots within the Low-Density Residential area on the Future Land Use Map. • Also noting that an eight foot sidewalk along Shady Oaks will be constructed and approved by the City prior to the issuance of a certificate of occupancy for the new home. Motion: Williamson Second: McCaskill Ayes: Hill, Huffman, McCaskill, Patton, Shafi, Williamson Approved: 6-0 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 2E, L.B.G. HALL SURVEY, ABSTRACT NO. 686 AND TRACT 9C, T.M. HOOD SURVEY, ABSTRACT NO. 706, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.999 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 6 of 11 APPROVED CONCEPT 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. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 6C. RESOLUTION NO. 17-022, (ZA17-031), SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS, ANTENNAS, OR ANCILLARY STRUCTURES ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD NO. 3 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 2400 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "CS" COMMUNITY SERVICES DISTRICT. SPIN #2. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 6C and answered questions from Council. Applicant presented Item 6C and answered questions from Council. Mayor Laura Hill opened the public hearing. There being no one wishing to speak, Mayor Hill closed the public hearing. Motion was made to approve Item 6C, Resolution No 17-022 (ZA17-031), Specific Use Permit for Telecommunications Towers, Antennas, or Ancillary Structures subject to staff report dated May 9, 2017 and Specific Use Permit Review Summary No 1, dated April 11, 2017, and noting the following: • Variance to landscaping requirement under Zoning Ordinance No. 480, Section 45.7.d.8: • The proposed tower facility is located on property that abuts residential property. • A landscape buffer of plant materials around the facility is required. However, since the facility is over 400 feet from the nearest residential property line, the Council is granting a variance to this requirement. • Also noting Variance to co-location requirement under Zoning Ordinance No. 480, Section 45.7.d.2.b: • The Council is granting this variance as the proposed tower facility at 115' does not allow for additional providers due to the limited space. In order to accommodate additional carriers the height of the monopole would need to be increased an additional 20'. REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 7 of 11 Motion: Williamson Second: McCaskill Ayes: Hill, Huffman, McCaskill, Patton, Shafi, Williamson Approved: 6-0 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 A TELECOMMUNICATIONS TOWER, ANTENNAS AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2400 NORTH CARROLL AVENUE, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD NO. 3 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480-726, (ZA17-016), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR CRESCENT HEIGHTS ON PROPERTY DESCRIBED AS TRACTS 3H, 3H1, 3J, 3J1, 3J1A, 3J1B, 3J1C AND 3J2, LITTLE BERRY G. HALL SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOTS 1R1 AND 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOTS 5, 6, 7 AND 8, L.B.G. HALL NO. 686 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 720 THROUGH 1120 WEST SOUTHLAKE BOULEVARD AND 250 THROUGH 330 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT". SPIN #6. (IF APPROVED ON FIRST READING, A PUBLIC HEARING WILL BE HELD ON JUNE 6, 2017.) APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 7A and answered questions from Council. Applicant Kosse Maykus, President of Hat Creek Development, presented Item 7A and answered questions from Council. Although not a public hearing, Mayor Hill allowed interested members of the public the opportunity to speak. Larry Flynn, 304 Sterling Court, Southlake, TX spoke in support Frances Scharli, 302 Timberlake Drive, Southlake, TX spoke in support Sally Simpson, 509 Timberlake Way, Southlake, TX spoke in support REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 8 of 11 Sherry Berman, 818 Parkdale Drive, Southlake, TX spoke in support The following persons submitted comment cards in support but did not speak: Larry Highberger, 310 North Shady Oaks Drive, Southlake, TX Cathy Stacy, 300 Shady Oaks Drive, Southlake, TX Randall Stacy, 300 Shady Oaks Drive, Southlake, TX Merrill Stacy, 320 North Shady Oaks Drive, Southlake, TX Mitch Stacy, 330 Shady Oaks Drive, Southlake, TX Motion made to approve Item 7A, Ordinance No. 480-726, (ZA17-016), 1st Reading, Zoning Change and Development Plan for Crescent Heights subject to staff report dated May 9, 2017 and Development Plan Review Summary No. 4 dated May 9, 2017, and noting the following: • We are accepting the exhibits for the entry features, gate, monument signs, oval open space and mail kiosk presented this evening. • Also noting that we are creating an R-PUD Regulation prohibiting any two-story portion of a single family home to be built within 50' of Southridge Lakes. • Also noting that we are creating a consistent 40' rear building line for single family homes to be built adjacent to the common property line of Crescent Heights & Southridge Lakes • Also noting that we are creating a 20' tree preservation easement prohibiting the removal of any existing healthy & viable trees on the common property line of Crescent Heights & Southridge Lakes. • Also noting the applicant will be installing an 8' stained cedar fence within a 10' fence / landscape easement on the common property line of Crescent Heights & Southridge Lakes prior to the construction activities commencing on Crescent Heights. • Also noting that the applicant is agreeing to include Block A, Lots 16 — 19 (Stacy Family Homes along Shady Oaks) in the deed restrictions of Crescent Heights for any homes to be built after the lots are sold and any new homes are proposed. • Noting the applicant's willingness to add pedestrian access via a pedestrian access gate on the southeast portion of the property, which will allow connectivity from Southlake Blvd to Shady Oaks. • Noting the applicant's willingness to consider, between the 1st and 2nd Reading, the installation of a playground in what's considered the center crescent area. • Also noting the applicant is agreeing to study and consider the space allocated to Lot 49, and potentially offer an amended proposal. • Noting that we are directing staff to review our Master Sidewalk Plans as it relates to north-south mobility along Shady Oaks and be prepared at 2nd Reading to provide a more in-depth understanding of the current Plans and what our options might be to best plan for sidewalks from Crescent Oaks to the north. • Also noting the applicant's agreement that all homes within this development will be fully sprinkled for fire safety. REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 9 of 11 Motion: Williamson Second: McCaskill Ayes: Hill, Huffman, McCaskill, Patton, Williamson Nays: Shafi Approved: 5-1 BREAK: Mayor Hill called for a short break at 10:07 p.m. RESUME: Mayor Hill resumed the meeting at 10:14 p.m. 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: 9A APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH LANDLOCK, LLC FOR THE MATTHEWS COURT DEVELOPMENT IN AN AMOUNT NOT TO EXCEED $460,000. APPROVED Item 9A was APPROVED on consent. 9B. APPROVE WHITAKER STUDIO'S FINAL CONCEPT BY ARTIST LYMAN WHITAKER AND APPROVE CONTRACT WITH WHITAKER STUDIO IN THE AMOUNT OF $70,126 TO PROVIDE PUBLIC ART TO BE INSTALLED AT FRANK EDGAR CORNISH, IV PARK. DENIED Director of Community Services Chris Tribble presented Item 9B and answered questions from Council. Motion was made to deny Item 9B, Whitaker Studio's final concept by artist Lyman Whitaker and the contract with Whitaker Studio. Motion: Williamson Second: McCaskill Ayes: Hill, Huffman, McCaskill, Patton, Shafi, Williamson Approved: 6-0 (to deny) 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Laura Hill adjourned the meeting at 10:25 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 10 of 11 Laura Hill Mayor ATTEST: 4.1416414141.1) (/'( Carol Ann Borges, TRMC Deputy City Secretary `n*a ta���*is REGULAR CITY COUNCIL MEETING MINUTES, MAY 16, 2017 Page 11 of 11