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Item 4A (2) REGULAR CITY COUNCIL MEETING MINUTES: MARCH 4, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris (arrived at 5:55 p.m.), Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory Jones (arrived at 6:15 p.m.), and Vernon Stansell. CITY COUNCIL ABSENT : Councilmember John Terrell. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Manager of Information Systems Gary Gregg, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Fire Marshal David Barnes, Chief of Police Services Wade Goolsby, Director of Planning and Development Services Ken Baker, Planner Clayton Comstock, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City Attorney Tim Sralla and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:14 p.m. Agenda Item No. 2. Invocation: Scott Berry from First Baptist Church of Southlake gave the invocation. Agenda Item No. 3. Presentation regarding the status of the impact fee ordinance update. Director Last introduced this item and introduced consultant, Lewis McLain, who made a presentation on this item. Director Last finalized the presentation and answered questions. Agenda Item No. 4. Discuss minor revisions to the comprehensive zoning ordinance and the sign ordinance. Director Baker presented this item to Council. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 1 of 15 Agenda Item No. 5. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. Council added items 9a and 9b to the consent agenda. Mayor Wambsganss closed the work session at 5:54 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:54 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:55 p.m. Executive Session began at 6:12 p.m. and ended at 6:31 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:53 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Mayor Wambsganss announced Item No. 3A1 would be presented later in the meeting. Agenda Item No. 3A2. Proclamation for Meals on Wheels. Mayor Wambsganss read the proclamation and presented it to Lee Sloan from Meals on Wheels of Tarrant County. Agenda Item No. 3B. City Manager’s Report. There was no report given. Agenda Item No. 3C. Library Board Report. A written report was given to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 4A. Approve minutes from the February 19, 2008, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 4B. This item was intentionally left blank. Agenda Item No. 4C. Award construction contract to Jackson Construction, Ltd., in the amount of $891,157.70 for paving, drainage, and utility improvements to Shumaker Lane and Sunshine Lane and provide for construction phase contingencies. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 2 of 15 Agenda Item No. 4D. Authorize an agreement with Marcel Bosworth for relocation of the Continental Storage Building. A presentation was not made on this item. Agenda Item No. 4E. Approve the designation of Town Square as the priority location for the placement of public art for fiscal year 2008. A presentation was not made on this item. Agenda Item No. 4F. Consider an order setting a public hearing for April 15, 2008 to discuss and review proposed updates to Land Use Assumptions, Capital Improvement Plans and Impact Fees for water, wastewater and roadway improvements. A presentation was not made on this item. Agenda Item No. 4G. This item was intentionally left blank. Agenda Item No. 4H. Authorize a professional services agreement with Weaver and Tidwell, L.L.P., for audit services. A presentation was not made on this item. Agenda Item No. 4I. ZA07-112, Site Plan for Lot 25R2, Block 1, Woodland Heights Addition on property located at 175 Westwood Drive. Current Zoning: O-1 Office District. SPIN Neighborhood #8. The applicant requested to table this item to the April 1, 2008, City Council meeting. nd Agenda Item No. 4J. Ordinance No. 480-536, 2 Reading (ZA07-139), Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: O-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. The applicant requested to table this item to the April 1, 2008, City Council meeting. Agenda Item No. 4K. ZA07-111, Plat Revision for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park being a replat of property currently described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: O-1 Office District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7.The applicant requested to table this item to the April 1, 2008, City Council meeting. nd Agenda Item No. 4L. Ordinance No. 480-550, 2 Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207, located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. The applicant requested to table this item to the April 1, 2008, City Council meeting. Agenda Item No. 4M. ZA07-134, Preliminary Plat for Lots 1 – 8, Block 1, Lake Forest Addition on property being legally described as Tract 5, R.D. Price Survey, Abstract No. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 3 of 15 1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. The applicant requested to table this item to the April 1, 2008, City Council meeting. Agenda Item No. 4N. ZA07-123, Revised Site Plan for Chick-fil-A on property being legally described as Lot 4, Block 1, Perry/Allen Addition and located at 2301 East Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #7. The applicant requested to table this item to the April 1, 2008, City Council meeting. st Agenda Item No. 7B. Ordinance No. 480-552, 1 Reading (ZA07-162), Zoning Change and Concept Plan for Lots 9-12, J. Childress No. 254 Addition on property being legally described as Tract 3D2, John Heirs Childress Survey, Abstract No. 254 and located at 3010 Lake Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF20B Single Family Residential District. SPIN Neighborhood #3. The applicant requested to table this item to the March 18, 2008, City Council meeting. Agenda Item No. 9A. Consider SP07-073A, Variance to Sign Ordinance No. 704-C for a development sign for Southlake Town Square located at the northeast corner of North Carroll Avenue and East Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 9B. Approve a revised Commercial Developer Agreement with Carroll/1709 Ltd. for Shops of Southlake, a 29.3 acre development at the southeast corner of East Southlake Boulevard and Carroll Avenue. A presentation was not made on this item. Motion was made to approve consent agenda items 4A ; 4B; 4C; 4D; 4E; 4F; to table item 4I at the applicant’s request to the April 1, 2008, City Council meeting; to table item 4J at the applicant’s request to the April 1, 2008, City Council meeting; to table item 4K at the applicant’s request to the April 1, 2008, City Council meeting; to table item 4L at the applicant’s request to the April 1, 2008, City Council meeting; to table item 4M at the applicant’s request to the April 1, 2008, City Council meeting; to table item 4N at the applicant’s request to the April 1, 2008, City Council meeting; to table item 7B at the applicant’s request to the March 18, 2008, City Council meeting; 9A; and 9B. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA Agenda Item No. 5. Public Forum. No one spoke during public forum. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 4 of 15 nd Agenda Item No. 6A. Ordinance No. 928, 2 Reading, Adopt an ordinance to add Article VII “Curfew Hours for Minors” to Chapter 15, “Public Safety” of the Southlake Code of Ordinances. Mayor Wambsganss introduced this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADDING A NEW ARTICLE VII, “CURFEW HOURS FOR MINORS,” TO CHAPTER 15, “PUBLIC SAFETY,” OF THE SOUTHLAKE CODE OF ORDINANCES, AS AMENDED; MAKING IT AN OFFENSE FOR MINORS, PARENTS AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS TO VIOLATE CURFEW REGULATIONS; DEFINING TERMS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAIVER BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 928, 2 Reading, Adopt an ordinance to add Article VII “Curfew Hours for Minors” to Chapter 15, “Public Safety” of the Southlake Code of Ordinances. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6B. Ordinance No. 929, 2Reading, Adopt an ordinance to amend Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain sex offenders to reside within 2,000 feet of premises where children gather. Mayor Wambsganss introduced this item. 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 58 OF THE SOUTHLAKE CITY CODE MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN GATHER; MAKING IT UNLAWFUL TO LEASE, RENT, OR PROVIDE LIVING SPACE TO CERTAIN SEX OFFENDERS WHEN SUCH WOULD RESULT IN VIOLATION OF THIS ORDINANCE; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE UNDER THESE PROVISIONS; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 5 of 15 No one spoke during the public hearing. City Attorney Sralla stated that Section 124, Subsections D and F, are substantively identical and recommended Council delete Subsection “F.” nd Motion was made to approve Ordinance No. 929, 2Reading, Adopt an ordinance to amend Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain sex offenders to reside within 2,000 feet of premises where children gather, deleting Subsection “F” of Section 124. Motion: Hill Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6C. Ordinance No. 930, 2Reading, Adopt the 2006 International Building Code. Mayor Wambsganss read this item into the record. Staff did not make a presentation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES, EXCEPT ONE- AND TWO- FAMILY DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES), 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 930, 2Reading, Adopt the 2006 International Building Code. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 6 of 15 nd Agenda Item No. 6D. Ordinance No. 931, 2 Reading, Adopt the 2006 International Fire Code. Mayor Wambsganss read this item into the record. Staff did not make a presentation. 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 2006 EDITION OF THE INTERNATIONAL FIRE CODE; REPEALING ORDINANCE NUMBER 817 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 931, 2 Reading, Adopt the 2006 International Fire Code. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6E. Ordinance No. 932, 2 Reading, Adopt the 2006 International Energy Conservation Code. Mayor Wambsganss read this item into the record. Staff did not make a presentation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE 2006 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. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 7 of 15 nd Motion was made to approve Ordinance No. 932, 2 Reading, Adopt the 2006 International Energy Conservation Code. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6F. Ordinance No. 933, 2 Reading, Adopt the 2006 ICC Electrical Code, Administrative Provisions. Mayor Wambsganss read this item into the record. Staff did not make a presentation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL CODE COUNCIL ELECTRICAL CODE; 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 933, 2 Reading, Adopt the 2006 ICC Electrical Code, Administrative Provisions. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6G. Ordinance No. 934, 2 Reading, Adopt the 2006 International Plumbing Code. Mayor Wambsganss read this item into the record. Staff did not make a presentation. 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, 2006 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 8 of 15 No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 934, 2 Reading, Adopt the 2006 International Plumbing Code. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6H. Ordinance No. 935, 2 Reading, Adopt the 2006 International Fuel Gas Code. Mayor Wambsganss read this item into the record. Staff did not make a presentation. 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, 2006 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 935, 2 Reading, Adopt the 2006 International Fuel Gas Code. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6I. Ordinance No. 936, 2 Reading, Adopt the 2006 International Mechanical Code. Mayor Wambsganss read this item into the record. Staff did not make a presentation. 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, 2006 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 9 of 15 PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 936, 2 Reading, Adopt the 2006 International Mechanical Code. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6J. Ordinance No. 937, 2 Reading, Adopt the 2006 International Residential Code. Mayor Wambsganss read this item into the record. Staff did not make a presentation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE 2006 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 PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 937, 2 Reading, Adopt the 2006 International Residential Code. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6K. Ordinance No. 480-544, 2 Reading (ZA07-087) Zoning Change and Site Plan for Mendez Medical Offices on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 10 of 15 Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. Director Baker presented this item to Council, simultaneously with item 6L. Applicant Dr. Angelo Mendez answered Council’s questions. 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 3D3A, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 695, BEING APPROXIMATELY 2.28 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Juergen Strunk, 200 North Carroll Avenue, Southlake, Texas, spoke in opposition. Marilyn Sell, 808 Cross Lane, Southlake, Texas, spoke in opposition. Dave McCowan, 704 Malton Lane, Southlake, Texas, did not speak but recorded his support. Catherine G. Vollmer, 700 Malton Lane, Southlake, Texas, asked questions about access around this development. Ann Davis, 308 Foxborough, Southlake, Texas, spoke in opposition. Susan Revell, 406 Wickham Lane, Southlake, Texas, did not speak but recorded her opposition. Paul Venesky, 403 Wickham Lane, Southlake, Texas introduced himself as the new President of Foxborough HOA. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 11 of 15 Mayor Wambsganss closed the public hearing. nd Motion was made to approve Ordinance No. 480-544, 2 Reading (ZA07-087) Zoning Change and Site Plan for Mendez Medical Offices allowing for and granting the driveway spacing variance with the understanding that if the property ownership changes on either side of the variance, it would then require a bufferyard on the eastern side of this property; specifying that when the property to the east is developed and a building is placed on that property, the applicant will remove the 15 parking spaces that back into the drive lane on the eastern side of the lot; subject to Council’s motion on first reading; subject to the recommendations of the Planning and Zoning Commission; and subject to Site Plan Review Summary No. 7, dated February 27, 2008. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6L. ZA07-088, Preliminary Plat for Mendez L.T.D. on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-1 Detailed Site Plan District and AG Agricultural District. SPIN Neighborhood #10. Director Baker presented this item simultaneously with item 6K. Applicant Dr. Angelo Mendez answered Council’s questions. Motion was made to approve ZA07-088, Preliminary Plat for Mendez L.T.D. on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard subject to Revised Plat Review Summary No. 5, dated February 27, 2008. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 3A1. Special presentation to Representative Tan Parker. Mayor Wambsganss made a presentation and thanked Representative Parker for his service to the community. Agenda Item No. 6M. ZA07-157, Site Plan for Southlake Wellness Center on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood # 9W. Planner Comstock presented this item to Council, simultaneously with item 6N. Applicant Skip Blake of Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a presentation and answered Council’s questions. Council discussed items 6M and 6N. After discussion, Mr. Blake asked to table items 6M and 6N to the March 18, 2008 City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 12 of 15 Motion was made to table ZA07-157, Site Plan for Southlake Wellness Center on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard to the March 18, 2008 City Council meeting. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6N. Resolution No. 08-012, (ZA08-010) Specific Use Permit for carports for non-residential property on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9W. Planner Comstock presented this item to Council, simultaneously with item 6N. Applicant Skip Blake of Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a presentation and answered Council’s questions. Council discussed items 6M and 6N. After discussion, Mr. Blake asked to table items 6M and 6N to the March 18, 2008 City Council meeting. Motion was made to table Resolution No. 08-012, (ZA08-010) Specific Use Permit for carports for non-residential property on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard to the March 18, 2008 City Council meeting. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 8:16 p.m. and reconvened the meeting at 8:29 p.m. Councilmember Jones submitted a conflict of interest form for Item 7A and left the Council Chambers. st Agenda Item No. 7A. Ordinance No. 480-542, 1 Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices on property legally described as Tract 3, W.W. Hall Survey, Abstract No. 687, located at 310 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. Director Baker presented this item to Council. Applicant Skip Blake of Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas made a presentation and answered Council’s questions. Mayor Wambsganss allowed the public to speak. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 13 of 15 Patti Weber, 823 Pearl Drive, Southlake, Texas spoke in opposition. John Cusack, 917 Emerald Boulevard, Southlake, Texas spoke in opposition. Lisa Quinn, 1036 Diamond Boulevard, Southlake, Texas recorded her opposition but did not speak. Todd Weber, 823 Pearl Drive, Southlake, Texas spoke in opposition. Tamara Houser asked questions regarding proposed landscaping. Mr. Blake addressed residents’ concerns and answered Council’s questions. st Motion was made to approve Ordinance No. 480-542, 1 Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices subject to the following: stating that the applicant will fill in all existing fences on the east and west sides with capped cedar with the owners’ approval and will maintain the fence; requiring the applicant will install an 8’ tall panel fence on the north side; the applicant will install the detention pond identified on the site plan in connection with the construction of building 1; approving 12 covered parking spaces for the entire site; future buildings must be of similar material and design as shown for building 1; subject to the colored landscape plans as submitted this evening; buildings 2 through 4 may not exceed one story; requiring applicant to build the entire drive structure as shown on the site plans in connection with the construction of building 1 noting this will not include the parking contemplated for the other buildings; requiring applicant to work with the neighbors on the fence considerations discussed tonight prior to second reading; requiring all perimeter landscaping to be installed in connection with the construction of building 1 and further granting the driveway stacking variance outlined in the proposal; and subject to Site Plan Review Summary No. 5, dated February 27, 2008. Motion: Stansell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 5-0 Councilmember Jones returned to the meeting. st Agenda Item No. 7C. Ordinance No. 480-553, 1 Reading (ZA08-002), Zoning Change and Site Plan for Nolen Center on property being legally described as a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474 and located at 2627 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Planner Comstock presented this item to Council. Applicant Dusty Renfro, 301 Commerce, Suite 1750, Fort Worth, Texas presented this item and answered Council’s questions. Council discussed this request. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 14 of 15 st Motion was made to approve Ordinance No. 480-553, 1 Reading (ZA08-002), Zoning Change and Site Plan for Nolen Center, specifically granting the driveway stacking variance; requiring the applicant to add additional plantings in the front; accepting the applicant’s agreement to do additional work on building facades; and subject to Site Plan Review Summary No. 2, dated February 15, 2008. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 st Agenda Item No. 7D. Ordinance No. 480-554, 1 Reading (ZA08-011), Zoning Change and Site Plan for Lot 4, Block A, Commerce Business Park, located at 375 Commerce Street. Current Zoning: I1 Light Industrial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Planner Comstock presented this item. Applicant Edwin Mannhart, 905 Emerald Boulevard, Southlake, Texas presented this item and answered Council’s questions. Council discussed this request. st Motion was made to approve Ordinance No. 480-554, 1 Reading (ZA08-011), Zoning Change and Site Plan for Lot 4, Block A, Commerce Business Park subject to applicant’s agreement to construct a sidewalk to meet city standards; limiting indoor entertainment uses or commercial amusement uses to 16,000 s.f. of the subject building; requiring photos of the dumpster enclosure prior to second reading; and subject to Site Plan Review Summary No. 2, dated February 27, 2008. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:11 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 4, 2008 Page 15 of 15