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Item 4A (2)CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 21, 2007 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris, Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell and John Terrell. CITY COUNCIL ABSENT : None. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Executive Secretary Kim Bush, Manager of Information Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Finance Director Sean Leonard, Chief of Fire Services Robert Finn, Police Captain Rusty Daniels, DPS Analyst Ross Korkmas, Director of Human Resources Kevin Hugman, Director of Planning and Development Services Ken Baker, Chief Planner Jay Narayana, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, City Attorney E. Allen Taylor, and Deputy City Secretary Tara Brooks. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:06 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month David Whitington gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 3. Proposed Fiscal Year 2008 Annual Budget overview. City Manager Yelverton and Finance Director Jackson presented this item and answered Council’s questions. Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. City Council reviewed the consent agenda items with city staff. Items 4K and 4L were removed from the consent agenda. Items 9A to table to the September 4, 2007, regular City Council meeting, 9C and 9D were added to the consent agenda. The work session ended at 6:21 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:21 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 1 of 13 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 the city attorney, Section 551.074, deliberation regarding personnel matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:22 p.m. Executive Session began at 6:42 p.m. and ended at 7:10 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:20 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. Agenda Item No. 3B. City Manager’s Report. No report was given. Agenda Item No. 3C. Parks and Recreation Board Report. Park Board Member John Slocum updated Council on Parks and Recreation activities and upcoming events. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve the minutes from the August 7, 2007, regular City Council meeting, and from the August 2, 2007, special meeting with the City Council. A presentation was not made on this item. Agenda Item No. 4B. Resolution No. 07-032, Appoint members to the Crime Control and Prevention District Board of Directors. Council appointed Lou Ann Heath, Martin Schelling, Richard Sandow and Robert Williams to the board. 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 PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4C. Resolution No. 07-046, Establish the City of Southlake Insurance Trust, authorize the trust agreement, and appoint Trustees. A presentation was not made on this item. 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, ESTABLISHING THE CITY OF SOUTHLAKE INSURANCE TRUST; AUTHORIZING THE TRUST AGREEMENT AND APPOINTING TRUSTEES. Agenda Item No. 4D. Approve renewal of a contract with Aetna to provide employee medical and dental benefits. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 2 of 13 Agenda Item No. 4E. Resolution No. 07-047, Approve and authorize publication of notice of intent to issue certificates of obligation for parking structure, park, street and drainage improvements. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. Agenda Item No. 4F. This item was intentionally left blank. Agenda Item No. 4G. ZA06-121, Plat Extension for Johnson Place Estates on property located at 2440 Johnson Road. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #16. A presentation was not made on this item. Agenda Item No. 4H. Consider SP07-230, Variance to Sign Ordinance No. 704-C for a directional sign for Timarron Country Club located at 1425 Byron Nelson Parkway. A presentation was not made on this item. Agenda Item No. 4I. Approve a Right-of-Way Encroachment Agreement for a directional sign for Timarron Country Club located at 1425 Byron Nelson Parkway. A presentation was not made on this item. Agenda Item No. 4J. ZA07-069, Preliminary Plat for Triple Crown Estates on property being legally described as Tract 2D1, J.L. Chivers Survey, Abstract No. 384 and being located at 930 East Dove Street. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #3. A presentation was not made on this item. Agenda Item No. 4K. Consider SP07-233A, Variance to Sign Ordinance No. 704-C for The Grove mixed-use development located at the southeast corner of West Dove Street and West State Highway 114. This item was removed from the consent agenda and considered separately on the regular agenda. Agenda Item No. 4L. Consider SP07-233B, Variance to Sign Ordinance No. 704-C for The Grove mixed-use development located at the southwest corner of West Dove Street and West State Highway 114. This item was removed from the consent agenda and considered separately on the regular agenda. st Agenda Item No. 4M. Ordinance No. 480-492, 1 Reading (ZA06-045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady Oaks Drive with access through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11. This item was tabled until the September 4, 2007, regular City Council meeting. nd Agenda Item No. 4N. Ordinance No. 480-LLL, 2 Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 3 of 13 Single Family Residential Zoning District. This item was tabled until the September 4, 2007, regular City Council meeting. nd Agenda Item No. 4O. Ordinance No. 480-512, 2 Reading (ZA06-189), Zoning Change and Site Plan for proposed Southlake Design Center, located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. The property owner requested to table this item indefinitely. Agenda Item No. 4P. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart located at 200 South Village Center Drive. The applicant requested to table this item to the September 4, 2007, regular City Council meeting. st Agenda Item No. 7B. Ordinance No. 912, 1 Reading, Call a special election for November 6, 2007, for the purpose of amending the City Charter. City Manager Yelverton gave a presentation and answered Council’s questions during the work session. Agenda Item No. 9A. Approve a Residential Developer Agreement for SaddleBack Ridge located northwest of the intersection of North White Chapel Boulevard and East Bob Jones Road. The applicant requested to table this item to the September 4, 2007, regular City Council meeting. Agenda Item No. 9C. Authorize a contract with Redflex Traffic Systems, Inc., for the installation and operation of red light cameras. Assistant City Manager Blagg presented this item and answered Council’s questions during the work session. Agenda Item No. 9D. Place a proposal to adopt a tax increase and hold a public hearing on the tax rate on the agenda of the September 4 and 18, 2007, regular City Council meetings. A presentation was not made on this item. Motion was made to approve consent agenda items 4A; 4B appointing Lou Ann Heath, Martin Schelling, Richard Sandow and Robert Williams; 4C; 4D; 4E; 4G; 4H; 4I; 4J subject to Plat Review Summary No. 3 dated August 3, 2007; 4M to table to the September 4, 2007, regular City Council meeting; 4N to table to the September 4, 2007, regular City Council meeting; 4O to table indefinitely; 4P to table to the September 4, 2007, regular City Council meeting; 7B; 9A to table to the September 4, 2007, regular City Council meeting; 9C and 9D. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Item 4K and 4L were removed from the consent agenda and considered separately on the regular agenda. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 4 of 13 Agenda Item No. 4K. Consider SP07-233A, Variance to Sign Ordinance No. 704-C for The Grove mixed-use development located at the southeast corner of West Dove Street and West State Highway 114. Chief Planner Narayana presented this item in conjunction with item 4L. Applicant, John Pichler, 805 Shadow Glen Drive, Southlake, Texas answered Council’s questions. Motion was made to approve SP07-233A, Variance to Sign Ordinance No. 704-C for The Grove, granting both of the signs and variances requested, subject to a one-year time frame. Motion: Terrell Second: Jones Ayes: Jones, Morris, Stansell, Terrell, Wambsganss Nays: Hill, Muzyka Approved: 5-2 Agenda Item No. 4L. Consider SP07-233B, Variance to Sign Ordinance No. 704-C for The Grove mixed-use development located at the southwest corner of West Dove Street and West State Highway 114. Chief Planner Narayana presented this item in conjunction with item 4K. Applicant, John Pichler, 805 Shadow Glen Drive, Southlake, Texas answered Council’s questions. Motion was made to approve SP07-233B, Variance to Sign Ordinance No. 704-C for The Grove located at the southwest corner of West Dove Street and West State Highway 114 increasing the maximum height permitted to seven feet, but retaining the overall area of the sign face as existing. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 5. Public Forum. No one spoke during public forum. Agenda Item No. 6A. Resolution No. 07-049, (CP07-004), Comprehensive Land Use Plan Amendment for Gateway Church - SH 114 Campus, being approximately 90.65 acres located at the 1200, 1500, and 1600 blocks of East State Highway 114. The current underlying land use designation is Mixed Use and the proposed underlying land use designation is Public/Semi Public. SPIN Neighborhood #6. Director Baker presented this item to Council in conjunction with items 6B, 6C and 6D. Applicant Doug Sluitor, Executive Director of Campus Development for Gateway Church, 500 South Nolen Drive, Suite 300, Southlake, Texas made a presentation and answered Council’s questions. Pastor Tom Lane thanked Council for their consideration and was available to answer their questions. 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, AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY’S COMPREHENSIVE MASTER PLAN. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 5 of 13 Council discussed the utilities, the pond, the construction staging, airport requirements for the airport overlay, the topography and the traffic issues. Mayor Wambsganss opened the public hearing. Sue Cantrell, 1203 Blythe Lane, Southlake, Texas, spoke in opposition to this item and addressed the traffic issues. Ray Chancellor, 890 Harbor Court, Southlake, Texas, spoke in opposition to this item and addressed the ecological significance of the pond. Whitney Tong, 1213 Ashmoore Court, Southlake, Texas, spoke in opposition. Margaret Burnette, 1002 Quail Run Road, Southlake, Texas, spoke in opposition to this item and addressed the ecosystem. Richard Horton, 2603 South Quail Run Court, Southlake, Texas, spoke in support. Bea Wilson, 2930 Burney Lane, Southlake, Texas, spoke in opposition and addressed the pond. Mayor Wambsganss read the names of those who did not wish to speak, but recorded their opposition: Alan Hochstein, 906 Quail Creek Court, Southlake, Texas; Michael Cope, 3550 Carmel Court, Southlake, Texas; John Wilson, 2930 Burney Lane, Southlake, Texas; Emily Galpin, 1481 Post Oak Trail, Southlake, Texas; Susan Cullen, 725 Bent Wood Lane, Southlake, Texas; Sandra Cavanaugh, 3574 Mercury Drive, Southlake, Texas; Martha Deerham, 708 East Dove Road, Southlake, Texas. Mayor Wambsganss closed the public hearing. Mr. Sluitor and the Council discussed the concerns about the pond. Motion was made to approve Resolution No. 07-049, (CP07-004), Comprehensive Land Use Plan amendment changing the underlying land use designation from mixed use to public/semi- public subject to the recommendation of the Planning and Zoning Commission. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6B. Ordinance No. 480-222a, 2 Reading (ZA05-112), Zoning Change and Concept Plan for The Gateway Church – S.H. 114 Campus, being approximately 214 acres UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 6 of 13 situated in the Richard Eads Survey, Abstract No. 481, being Tracts 1, 1A1, 1E, 2, 2A, 2B, 2B1A, and 2C1, and in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 2A, 2B, 2B1, 3, 3A, 3C, 5, 5C, and 5D, and a portion of Tracts 1 and 1B1. The property is located along the north side of the 1500 – 1800 blocks of East State Highway 114, along the south side of the 1300 – 1800 blocks of East Highland Street and along the west side of the 600 – 900 blocks of North Kimball Avenue and is approximately 600 feet east of North Carroll Avenue. Current Zoning: NR-PUD Non-Residential Planned Unit Development District and AG Agricultural District. Requested Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. Director Baker presented this item to Council in conjunction with items 6A, 6C and 6D. Applicant Doug Sluitor, Executive Director of Campus Development for Gateway Church, 500 South Nolen Drive, Suite 300, Southlake, Texas made a presentation and 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 APPROXIMATELY 200 ACRES SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481, BEING TRACTS 1, 1A1, 1E, 2, 2A, 2B, 2B1A, AND 2C1, AND IN THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, BEING TRACTS 2A, 2B, 2B1, 3, 3A, 3C, 5, 5C, AND 5D AND A PORTION OF TRACTS 1 AND 1B1 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “NR-PUD” NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO “NR-PUD” NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-222a, 2 Reading (ZA05-112), Zoning Change and Concept Plan for Gateway Church subject to Council comments in the first reading; subject to the staff report presented this evening; subject to the applicant agreeing the ultimate pond will be similar in size, approximately three acres, and location as depicted on the plan as presented; noting Council will reserve final placement of the utilities until site plan approval; noting the applicant will work with staff on the eastern alignment of Kirkwood Boulevard at Kimball Avenue; subject to the applicant complying with the airport restrictions as provided; granting the variances to the 80’ right-of-way on Grace Lane and Blessed Lane; noting the applicant has agreed to the divided road and extra width from S.H. 114 back a certain distance as depicted on UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 7 of 13 the plan presented this evening; the applicant will dedicate the necessary right-of-way for the extension of Kirkwood Boulevard at such time as needed by the City; subject to the Planning and Zoning Commission’s recommendations; and subject to Concept Plan Review Summary No. 6, dated August 15, 2007. Motion: Terrell Second: Jones Councilmember Terrell amended his motion to require the pond to be no less than three acres. Councilmember Jones amended his second. Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss Nays: Morris Approved: 6-1 nd Agenda Item No. 6C. Ordinance No. 480-528, 2 Reading (ZA06-003), Zoning Change on property described as approximately 2.24 acres of land being a portion of Tracts 2A, 2B1 and 3A in the T. Mahan Survey, Abstract No. 1049 and being approximately 1200 feet west of North Kimball Avenue and approximately 600 feet south of East Highland Street. Current Zoning: NR- PUD Non-Residential Planned Unit Development District. Requested Zoning: AG Agricultural District. SPIN Neighborhood #6. Director Baker presented this item to Council in conjunction with items 6A, 6B and 6D. Applicant Doug Sluitor, Executive Director of Campus Development for Gateway Church, 500 South Nolen Drive, Suite 300, Southlake, Texas made a presentation and 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 A PORTION OF TRACTS 2A, 2B1, AND 3A, SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049, BEING APPROXIMATELY 2.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “NR-PUD” NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO “AG” AGRICULTURAL DISTRICT, 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. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 8 of 13 nd Motion was made to approve Ordinance No. 480-528, 2 Reading (ZA06-003), on property described as approximately 2.24 acres of land being a portion of Tracts 2A, 2B1 and 3A in the T. Mahan Survey, Abstract No. 1049 subject to the Planning and Zoning Commission’s recommendation. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6D. ZA05-113 Preliminary Plat for Gateway Church – 114 Campus, being approximately 250 acres. The property is located along the north side of the 1200 – 1800 blocks of East State Highway No. 114, along the south side of the 1300 – 1800 blocks of East Highland Street and along the west side of the 600 – 900 blocks of North Kimball Avenue and is approximately 600 feet east of North Carroll Avenue. Current Zoning: NR-PUD Non-Residential Planned Unit Development and AG Agricultural District. SPIN Neighborhood #6. Director Baker presented this item to Council in conjunction with items 6A, 6B and 6C. Applicant Doug Sluitor, Executive Director of Campus Development for Gateway Church, 500 South Nolen Drive, Suite 300, Southlake, Texas made a presentation and answered Council’s questions. Motion was made to approve ZA05-113, Preliminary Plat for Gateway Church granting the requested variances; subject to the Planning and Zoning Commission’s recommendations; and subject to Plat Review Summary No. 5, dated August 15, 2007. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss Nays: Morris Approved: 6-1 Mayor Wambsganss called for a break at 9:59 p.m. Mayor Wambsganss reconvened the meeting at 10:15 p.m. Agenda Item No. 6E. Resolution No. 07-050, (ZA07-089), Specific Use Permit to allow a tent for the purpose of promoting retail sales at Adventure Golf Cars on property located at 275 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Chief Planner Narayana presented this item to Council. Applicant, David Scott, 275 Commerce Street, Southlake, Texas answered Council’s questions. 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 TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 275 COMMERCE STREET, SUITE 110, BEING LEGALLY DESCRIBED AS LOT 2, BLOCK A, COMMERCE BUSINESS PARK, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 9 of 13 SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. Council discussed this request. No one spoke during the public hearing. Motion was made to approve Resolution No. 07-050, (ZA07-089), Specific Use Permit to allow a tent for the purpose of promoting retail sales at Adventure Golf Cars from August 25 – September 3, from 9:00 a.m. – 6:00 p.m. each day; granting the banner sign of 8’ x 3’ attached to the tent only; reducing the parking spaces by up to ten spaces; and subject to the Planning and Zoning Commissions recommendations. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6F. Resolution No. 07-051, (ZA07-095), Specific Use Permit to allow a tent for the purpose of promoting retail sales at American Backyard on property being legally described as Lot 2A, Block 1, Farrar Addition and being located at 200 North Kimball Avenue. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Chief Planner Narayana presented this item to Council. Applicant, Dean Luckino from American Backyard, answered Council’s questions. 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 TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT THE SOUTHLAKE CORNERS DEVELOPMENT, BEING LEGALLY DESCRIBED AS LOT 2A, BLOCK 1, FARRAR ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. Council discussed this request. No one spoke during the public hearing. Motion was made to approve Resolution No. 07-051, (ZA07-095), Specific Use Permit to allow a tent for the purpose of promoting retail sales at American Backyard granting permission for two 20’ x 40’ tents; changing the dates to August 30 – September 10, 9:00 a.m. – 9:00 p.m. Monday through Saturday and 11:00 a.m. – 6:00 p.m. on Sunday; the banner will be maximum 3’ x 8’; allowing the reduction in parking spaces by 30 spaces; subject to the Planning and Zoning Commission’s recommendation; and noting the applicant has agreed that all inventory UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 10 of 13 and sales items will be confined to the areas under the tent and there will be nothing on the sidewalk areas. Motion: Terrell Second: Stansell Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: Hill Approved: 6-1 Agenda Item No. 6G. Resolution No. 07-052, (ZA07-096), Specific Use Permit for a mass gathering event for Oktoberfest on property located at Southlake Town Square at the northeast corner of East Southlake Boulevard and Carroll Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Director Baker presented this item to Council. Applicant, Allen Smith, 1501 Corporate Circle, Southlake, Texas answered Council’s questions. 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 MASS GATHERING EVENT ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT THE NORTHEAST CORNER OF E. SOUTHLAKE BLVD. AND N. CARROLL AVENUE, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4892, PLAT RECORDS, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 07-052, (ZA07-096), Specific Use Permit for a mass gathering event for Oktoberfest granting the approval for three years so long as the event remains the same scope; to allow the plan to be submitted each year to be approved administratively by the staff; deleting the light pole banner signs; and subject to the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6H. Ordinance No. 910, 2 Reading, Adopt an ordinance to dedicate drainage and utility easements on City-owned property at 307 Parkwood for the purpose of constructing public improvements. 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 DEDICATING A PERMANENT DRAINAGE EASEMENT AND A PERMANENT UTILITY EASEMENT UPON AND ACROSS A PORTION OF CITY UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 11 of 13 OWNED PROPERTY AT 307 PARKWOOD DRIVE DESCRIBED AS LOT 1R, BLOCK 1, CITY OF SOUTHLAKE MUNICIPAL COMPLEX ADDITION (CABINET A, SLIDE 7775, P.R.T.C.T.) IN THE CITY OF SOUTHLAKE , TARRANT COUTNY, TEXAS; DECLARING THAT SUCH EASEMENTS ARE NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 910, 2 Reading as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 7A. Ordinance No. 480-529, 1Reading (ZA07-070), ORIGINAL REQUEST AS ADVERTISED: Zoning Change and Concept Plan for Woodbury Addition on property being legally described as Tracts 1B1A1 and 1B1A, T. J. Thompson Survey, Abstract No. 1502 and Lot 1, T.J. Thompson No. 1502 Addition and being located at 2100 West Continental Boulevard, 2020 West Continental Boulevard, and 2030 West Continental Boulevard. Current Zoning: SF- 30 Single Family Residential District, AG Agricultural District, and S-P-1 Detailed Site Plan District. Requested Zoning: SF-20A Single Family Residential District. AMENDED REQUEST: Zoning Change and Concept Plan for Woodbury Addition on property being legally described as Tracts 1B1A1 and 1B1A, T.J. Thompson Survey, Abstract No. 1502 and being located at 2020 West Continental Boulevard, and 2030 West Continental Boulevard. Current Zoning: AG Agricultural District and S-P-1 Detailed Site Plan District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #16. Director Baker presented this item to Council. Applicant, David McMahan with Four Peaks Development, 726 Commerce Street, Southlake, Texas answered Council’s questions. Council discussed the fencing, pond and landscaping Mayor Wambsganss allowed the public to speak. Denise Overby, 2100 West Continental Boulevard, Southlake, Texas spoke in support. Lori and Timothy Livingston, 2020 West Continental Boulevard, Southlake, Texas did not speak but recorded their support. st Motion was made to approve Ordinance No. 480-529, 1 Reading (ZA07-070), Zoning Change and Concept Plan for Woodbury Addition noting the pond will be a detention pond internal to the subdivision fenced with masonry fencing similar to what is required along the balance of the subdivision; requiring masonry fencing along the front of the subdivision; allowing the developer nd to bring other options for the fencing at 2 reading; granting the variance request to reduce the UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 12 of 13 right-of-way width from fifty to forty feet; subject to recommendation from the Planning and Zoning Commission; and subject to Concept Plan Review Summary No. 4, dated August 15, 2007. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9B. Consider SP07-254, Variance to the Jellico Square Conditional Sign Permit for The Little Gym of Southlake, located at 210 Randol Mill Avenue, Suite 100. Chief Planner Narayana presented this item to the Council. Applicant, Donna Lay 210 Randol Mill, Southlake, Texas answered Council’s questions and introduced her business to Council. Motion was made to approve SP07-254, variance to the Jellico Square Conditional Sign Permit for The Little Gym of Southlake allowing a maximum of thirty inch letter height on the letter “g”; contingent upon maintaining the same total square footage for The Little Gym. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 11:54 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Tara Brooks Deputy City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 21, 2007 Page 13 of 13