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Item 4A (3)CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 2, 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 and John Terrell. CITY COUNCIL ABSENT : Councilmember Vernon Stansell. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Manager of Information Services Gary Gregg, Director of Community Services Steve Polasek, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Human Resources Kevin Hugman, Director of Planning and Development Services Ken Baker, Chief Planner Dennis Killough, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, 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 5:06 p.m. in Training Rooms 3C and 3D. Agenda Item No. 2. Invocation. Chaplain of the Month Rolla Goodyear gave the invocation. Agenda Item No. 3A. Ordinance No. 480-RRR, Amending the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production; Agenda Item No. 3B. Amendment to the City’s Master Comprehensive Plan as it pertains to oil and gas drilling production, oil and gas production pad sites and natural resource extraction activities; and, Agenda Item No. 3C. Ordinance No. 880-A, Amending Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production. Director Baker made a formal presentation. After Director Baker finished, the Council discussed these items. Council reviewed the draft plans and discussed possible suggested changes. Agenda Item No. 3. Discuss all items on tonight’s meeting agenda. City Council reviewed the consent agenda items with city staff. The work session ended at 6:31 p.m. REGULAR SESSION: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 1 of 13 Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:31 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 the city attorney, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:31 p.m. Executive Session began at 6:50 p.m. and ended at 7:43 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:51 p.m. in the Council Chambers and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mayor’s Report. No report was given. Agenda Item No. 3B1. Oktoberfest Announcement – Jami McKenney, Southlake Chamber of Commerce. Ms. McKenney presented information on the event taking place this weekend. Agenda Item No. 3C. School District Report. No report was given. 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 September 18, 2007, regular City Council meeting. No presentation was given. Agenda Item No. 4B. Authorize the purchase and installation of a Motorola 600 Series 5.4GHz point to point data radio from Motorola, Inc., through the Houston-Galveston Area Council of Governments in the amount of $65,925. No presentation was given. Agenda Item No. 4C. Authorize the purchase of a Vac-Con Hydroexcavator from Vac-Con, Inc. and Santex Truck Center through the Houston-Galveston Area Council of Governments in the amount of $259,988. No presentation was given. st Agenda Item No. 4D. Ordinance No. 918, 1 Reading, Adopt an ordinance to dedicate a water line easement on City-owned property at Continental Boulevard for purpose of constructing public improvements. No presentation was given. Agenda Item No. 4E. Resolution No. 07-048, Approve the 2007 City of Southlake Sidewalk Plan, an element of the City of Southlake Comprehensive Master Plan, the Southlake 2025 Plan. This item was tabled to the October 16, 2007, City Council meeting. nd Agenda Item No. 4F. Ordinance No. 480-LLL, 2 Reading, Amending the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning District. This item was tabled to the October 16, 2007, City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 2 of 13 Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; to table 4E to the October 16, 2007, City Council meeting; and to table 4F to the October 16, 2007, City Council meeting. Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke. nd Agenda Item No. 6A. Ordinance No. 635-B, 2 Reading, Amending Chapter 2, Article VI, Code of Ethics and Conduct of the Southlake City Code to comply with provisions of Chapter 176 of the Texas Local Government Code as amended by HB 1491. 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 2, ARTICLE VI, CODE OF ETHICS AND CONDUCT OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TO AMEND SECTION 2-265 DISCLOSURE OF INTEREST TO COMPLY WITH CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 635-B, 2 Reading, Amending Chapter 2, Article VI, Code of Ethics and Conduct of the Southlake City Code to comply with provisions of Chapter 176 of the Texas Local Government Code as amended by HB 1491. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6B. Ordinance No. 699-A, 2 Reading, Repealing Ordinance No. 699 and amending the regulations regarding Cross Connection Control. 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 REPEALING ORDINANCE NO. 699 AND ADDING CHAPTER 19, ARTICLE VI TO THE CODE OF ORDINANCES; PROVIDING FOR THE REGULATION OF CROSS CONNECTIONS AS DEFINED BY THE STATE REGULATORY AGENCY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 3 of 13 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 MANNER AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 699-A, 2 Reading, Repealing Ordinance No. 699 and amending the regulations regarding Cross Connection Control. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6C. Ordinance No. 914, 2 Reading, Adopting regulations regarding the generation, transportation and disposal of liquid waste in the City of Southlake. 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 CHAPTER 19, ARTICLE V, TO THE CITY OF SOUTHLAKE CODE OF ORDINANCES ADOPTING REGULATIONS REGARDING THE GENERATION, TRANSPORTATION AND DISPOSAL OF LIQUID WASTE IN THE CITY OF SOUTHLAKE CODE OF ORDINANCES ADOPTING REGULATIONS REGARDING THE GENERATION, TRANSPORTATION, AND DISPOSAL OF LIQUID WASTE IN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR PUNISHMENT FOR VIOLATION; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; SETTING THE PERMIT FEE; 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 MANNER AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 914, 2 Reading, Adopting regulations regarding the generation, transportation and disposal of liquid waste in the City of Southlake. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6D. Ordinance No. 917, Consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2007," including the adoption of an ordinance UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 4 of 13 authorizing the issuance of such certificates of obligation. Mayor Wambsganss introduced this item. Maria Orbeno of First Southwest Company presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF “CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007”; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY’S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 917, Consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2007," including the adoption of an ordinance authorizing the issuance of such certificates of obligation. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6E. Resolution No. 07-057, CP07-003, Comprehensive Land Use Plan Amendment for South Village at Watermere, being approximately 33.72 acres located at 2271 Union Church Road. The current underlying land use designation is Public / Semi-Public and the proposed underlying land use designation is Medium Density Residential. SPIN Neighborhood #15. Chief Planner Killough presented this item in conjunction with items 6F, 6G, and 6H. Applicant Rick Simmons 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE 2005 CONSOLIDATED FUTURE LAND USE PLAN, AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY’S COMPREHENSIVE MASTER PLAN. Mayor Wambsganss opened the public hearing on item 6E. B.J. Couch, 2535 Union Church Road, Southlake, Texas, expressed his concerns about the drainage in this area. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 5 of 13 Joseph and Kimiela Mortazavi, 2477 Union Church Road, Southlake, Texas, expressed concerns about the drainage, fencing, and overhead utilities. Engineer Joseph Reue with GSWW, Inc., answered questions regarding the drainage. Mayor Wambsganss closed the public hearing on Item 6E. No one spoke during the public hearing on item 6F. No one spoke during the public hearing on item 6G. Motion was made to approve Resolution No. 07-057, CP07-003, Comprehensive Land Use Plan Amendment for South Village at Watermere, being approximately 33.72 acres located at 2271 Union Church Road subject to the recommendations of the Planning and Zoning Commission and as presented. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6F. Ordinance No. 480-467a, 2 Reading (ZA07-097), Zoning Change and Concept Plan for South Village at Watermere on property being legally described as Tracts 4F, 4F1, 5A1B, 6A1, and 6B4 and a portion of Tracts 4D, 4G, and 6A, J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Road, 2811 West Southlake Boulevard, 2809 West Southlake Boulevard, 2815 West Southlake Boulevard, 2801 West Southlake Boulevard, 2477 Union Church Road, and 2451 Union Church Road. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item in conjunction with items 6E, 6G, and 6H. 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 TRACTS 4F, 4F1, 5A1B, 6A1, & 6B4 AND A PORTION OF TRACTS 4D, 4G, & 6A, J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 37.53 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “S- P-2” GENERALIZED SITE PLAN DISTRICT TO INCLUDE PERSONAL CARE FACILITY, NURSING CARE HOME, AND (SENIOR) MULTI-FAMILY RESIDENTIAL USES, AS DEPICTED ON THE 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; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 6 of 13 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. 480-467a, 2 Reading (ZA07-097), Zoning Change and Concept Plan for South Village at Watermere, as presented by the applicant including but not limited to: the rendering of the cabana, the 6 foot wrought iron fence with landscaping on the east side, and the representations of the curved retaining wall and drainage area with fountains as presented; accepting the applicant’s agreement to include language in the deed restrictions on those lots adjacent to the nursery that notifies future owners of the nursery use behind them; requiring a rendering of the wall in front of the parking at the tennis court; requiring a rendering of the gates; subject to the staff’s presentation and the changes included; subject to Council’s approval on first reading; subject to Concept Plan Review Summary No. 1, dated August 17, 2007; and subject to the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6G. Ordinance No. 480-532, 2 Reading (ZA07-098), Zoning Change and Development Plan for South Village at Watermere on property being legally described as Tract 4C and 6A2 and a portion of Tracts 4D and 6A, J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Road and 2451 Union Church Road. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #15. Chief Planner Killough presented this item in conjunction with items 6E, 6F, and 6H. 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 TRACTS 4C & 6A2 AND A PORTION OF TRACTS 4D & 6A, J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 30.1 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “S-P-2” GENERALIZED SITE PLAN DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING “PUD” DEVELOPMENT STANDARDS, ATTACHED HERETO AND UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 7 of 13 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-532, 2 Reading (ZA07-098), Zoning Change and Development Plan for South Village at Watermere subject to the applicant’s presentation, approval of the specific variance requested, and subject to Revised Development Plan Review Summary No. 1, dated August 17, 2007. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6H. ZA07-099, Preliminary Plat for South Village at Watermere on property being legally described as Tracts 4C, 4D, 6A2, and a portion of 6A, J.G. Allen Survey, Abstract No. 18 and being located at 2271 Union Church Road and 2451 Union Church Road. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item in conjunction with items 6E, 6F, and 6G. Motion was made to approve ZA07-099, Preliminary Plat for South Village at Watermere subject to Plat Review Summary No. 1, dated August 17, 2007, subject to approval of the requested variance regarding street frontage, and subject to the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6I. Ordinance No. 480-533, 2 Reading (ZA06-160), Zoning Change and Site Plan for Offices of K. Wayne Lee on property being legally described as Tracts 4A14 and 4A20, J.G. Allen Survey, Abstract No. 18 and being located at 3220 West Southlake Boulevard. Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. No separate presentation was made by the UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 8 of 13 applicant. 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 TRACTS 4A14 & 4A20, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 0.85 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-533, 2 Reading (ZA06-160), Zoning Change and Site Plan for Offices of K. Wayne Lee subject to City Council's approval on first reading, subject to the recommendations by the Planning and Zoning Commission, accepting applicant's willingness to grant access on the north and south sides of the building, and subject to Site Plan Review Summary No. 2, dated August 31, 2007. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6J. Ordinance No. 480-187a, 2 Reading (ZA07-090), Zoning Change and Site Plan for Sports Complex on property being legally described as Lot 2R, Block B, Commerce Business Park Addition and being 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. Chief Planner Killough presented this item to Council. Applicant Christi Abercrombie and architect Skip Blake 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: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 9 of 13 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 LOT 2R, BLOCK B, COMMERCE BUSINESS PARK, BEING APPROXIMATELY 4.15 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES AND TO INCLUDE THE RETAIL SALE OF FURNITURE TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS) AND INDOOR ENTERTAINMENT 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. No one spoke during the public hearing. The Council discussed the list of requested uses with the applicant. nd Motion was made to approve Ordinance No. 480-187a, 2 Reading (ZA07-090), Zoning Change and Site Plan for Sports Complex subject to the applicant's presentation specifically relating to the agreement to add landscaping as described; providing buffering and fencing along the north boundary of the property; approving the specific I-1 uses of: ice cream manufacturing, bakery, clothing manufacturing, candy facility, candle manufacturing, commercial school, and community facility uses; approving 154 parking spaces; and subject to Site Plan Review Summary No. 3, dated September 26, 2007. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 9:29 p.m. and reconvened the meeting at 9:46 p.m. st Agenda Item No. 7A. Ordinance No. 480-QQQ, 1 Reading, Amending the Comprehensive Zoning Ordinance 480, as amended, relating to accessory structure standards in residential zoning districts. Director Baker presented this item to Council. Mayor Wambsganss allowed the public to speak. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 10 of 13 Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, made a short presentation to Council Tim Raley, 440 West Highland Street, Southlake, Texas, made a short presentation to Council. Steve Horn, 2050 Shady Oaks Drive, Southlake, Texas, spoke to Council regarding this issue. Lisa Stokdyk, 720 North Peytonville Avenue, Southlake, Texas, spoke to Council regarding this issue. st Motion was made to approve Ordinance No. 480-QQQ, 1 Reading, Amending the Comprehensive Zoning Ordinance 480, as amended, relating to accessory structure standards in residential zoning districts noting a sliding scale of 3% will also apply to the one acre lots in SF- 1 districts up to a 4,000 S.F. cap; SF-2 districts will have 3% with no cap; and otherwise as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Pro Tem Morris indicated she would like staff to research ways to give residents an incentive to change their zoning to SF-2 if they qualify for that district. st Agenda Item No. 7B. 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. Director Baker presented this item to Council. Applicant Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, made a presentation and answered Council’s questions. After discussion, Mr. Gray asked to table this item to the first meeting in November. Motion was made to table Ordinance No. 480-492, 1st Reading, (ZA06-045) Zoning Change for a portion of Lot 1, Block 1, Arnold Estates, to the November 6, 2007, City Council meeting. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 st Agenda Item No. 7C. Ordinance No. 480-534, 1 Reading (ZA07-063), Zoning Change and Development Plan for Winfield Estates on property being legally described as Tracts 1, 1C, 1C1, A.H. Chivers Survey, Abstract No. 299 and being located at 2210 North Carroll Avenue, 1155 East Dove Road, and 1107 East Dove Road. Current Zoning: C-2 Local Retail Commercial District and AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 11 of 13 Development District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council. Applicant David Wilcox answered Council’s questions. Council discussed this request. st Motion was made to approve Ordinance No. 480-534, 1 Reading (ZA07-063), Zoning Change and Development Plan for Winfield Estates subject to Development Plan Review Summary No. 5, dated September 14, 2007; subject to the applicant’s representations made this evening; noting there will be no front entry garages; subject to the applicant bringing a new tree survey on 2nd Reading which: a) clearly identifies the marginal and quality trees, b) quantifies the caliper inches to be saved, removed, and added to the site, and c) evaluates and quantifies the number of blue-dot trees which can be or have been changed to green dots and providing an explanation on why any cannot be saved; provide minimum 4-inch caliper canopy trees; provide better renderings of the entry, fencing and open space; provide a new, more-defined drainage plan; subject to the handouts provided this evening; make sewer available where possible upon completion; will change the plan to show the pond as a retention pond; provide a new Landscape Plan for City Council’s review; and work with TXU to place utilities around the perimeter of the property underground. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 8A. Resolution 07-054, Approving a new purchasing policy. Director Jackson presented this item to Council. 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, APPROVING A NEW PURCHASING POLICY. Motion was made to approve Resolution 07-054, a new purchasing policy as presented. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 9A. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart, located at 200 Village Center Drive. Chief Planner Killough presented this item to Council. Applicant Brian Bush from Willow Creek Signs answered Council’s questions. After discussion, Mr. Bush asked to table this item to the next meeting. Motion was made to table SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart to the October 16, 2007, City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 2, 2007 Page 12 of 13 Nays: None Approved: 6-0 Agenda Item No. 9B. Consider SP07-317, Variance to Sign Ordinance No. 704-C for Home Design Studio located at 2225 West Southlake Boulevard, Suite 465. Chief Planner Killough presented this item to Council. Applicant Paul Esparza, 2005 Austin, Mansfield, Texas, answered Council’s questions. Motion was made to approve SP07-317, Variance to Sign Ordinance No. 704-C for Home Design Studio located at 2225 West Southlake Boulevard, Suite 465, as presented. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: Hill Approved: 5-1 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 12:17 a.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, OCTOBER 2, 2007 Page 13 of 13