2011-04-19 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 19, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy
Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A.
Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of
Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication
and Websites Manager Pilar Schank, Director of Human Resources Stacey Black,
Director of Planning and Development Services Ken Baker, Planner II Clayton
Comstock, Chief of Fire Services Mike Starr, Director of Public Works Robert Price, City
Attorney E. Allen Taylor, and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:40 p.m.
2. INVOCATION
Mr. Ben Weiss from Grace Community Church gave the invocation. Mayor Terrell led
the pledge of allegiance.
3. PROCLAMATION FOR THE CARROLL HIGH SCHOOL DRAGONS HOCKEY
TEAM.
Mayor Terrell recognized and proclaimed April 19, 2011 as Southlake Carroll High
School Varsity Gold Hockey Team Day.
4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA
No action will be taken and each item will be considered during the Regular Session.
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Page 1 of 15
Mayor Terrell read the consent agenda. Mayor Terrell recommended that Council
move Item 6C — Consider a variance to Lighting Ordinance No. 693 -B to the consent
agenda and table the item to the May 3, 2011 City Council meeting.
There was no opposition from Council to move Item 6C to the consent agenda.
Mayor Terrell announced that Council would recess the meeting to honor board and
commission members and welcome City Secretary Alicia Richardson. Immediately
after the reception, Council will immediately go into Executive Session as authorized by
Texas Government Code, Section 551.071, consultation with city attorney; Section
551.072, deliberation regarding real property; Section 551.074, deliberation regarding
personnel matter; and 551.087, deliberation regarding economic development
negotiations. City Council adjourned for the reception at 5:51 p.m.
5. BOARD AND COMMISSION MEMBER RECEPTION AND NEW CITY
SECRETARY WELCOME.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:25
p.m.
2A. EXECUTIVE SESSION
City Council adjourned for Executive Session at 6:25 p.m. Executive Session began at
6:25 p.m. and concluded at 8:05 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 8:08 p.m. and asked if any action was
necessary from Executive Session.
No action was taken by Council.
3. REPORTS
A. Mayor's Report —
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
Proclamation — Child Abuse Prevention Month
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There was no presentation for this item.
B. City Manager's Report —
None.
4. CONSENT AGENDA (Items 4A -N) Consent Agenda items are considered to be
routine by the City Council and are enacted with one motion. Mayor Terrell read
the Consent Agenda items into the record.
4A. APPROVE THE MINUTES OF THE MARCH 29, 2011 AND APRIL 5, 2011 CITY
COUNCIL MEETINGS.
Councilmember Wang abstained from voting on the April 5, 2011 minutes.
4B. RESOLUTION NO. 11 -022, APPROVE AN AGREEMENT WITH CARROLL
INDEPENDENT SCHOOL DISTRICT CREATING A COMMUNITY COMMITTEE
STUDENTS AND PARENTS AGAINST RISKS TO OUR KIDS (SPARK).
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION BETWEEN THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, AND THE CARROLL ISD AMENDING RESOLUTION NO. 09 -078; CREATING
A COMMUNITY COMMITTEE, STUDENTS AND PARENTS AGAINST RISKS TO OUR
KIDS (SPARK), SETTING FORTH THE PURPOSE, MEMBERSHIP, TERMS OF
OFFICE, VOTING DUTIES, AND RESPONSIBILITIES OF MEMBERS, ADOPTION
BYLAWS, AND; ABOLISHING THE COMMUNITY TASK FORCE STUDENTS AND
PARENTS AGAINST RISKS TO OUR KIDS IN SOUTHLAKE.
4C. APPROVE PURCHASE OF MICROSOFT LICENSES FOR THE
INSTALLATION AND CONFIGURATION OF SOFTWARE IN THE AMOUNT
OF $59,282.80 AS PROVIDED BY THE ENTERPRISE AGREEMENT
APPROVED ON JANUARY 30, 2008.
4D. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
4E. THIS ITEM INTENTIONALLY LEFT BLANK
4F. CONSIDER SV11 -005, AMENDMENT TO THE GATEWAY PLAZA
CONDITIONAL SIGN PERMIT FOR A MONUMENT SIGN LOCATED AT 3110
E. SOUTHLAKE BOULEVARD.
4G. RESOLUTION NO. 11 -013, APPROVE A LOCAL TRANSPORTATION
PROJECT ADVANCE FUNDING AGREEMENT WITH TXDOT FOR
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ENGINEERING REVIEW COSTS RELATED TO PHASE 2 OF FM 1938 IN THE
AMOUNT OF $75,000.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION APPROVING THE ADVANCE FUNDING AGREEMENT FOR A
LOCAL TRANSPORTATION PROJECT FOR FM 1938 PHASE 2 WITH THE STATE
OF TEXAS AND AUTHORIZING THE MAYOR TO EXECUTE SAME.
4H. APPROVE AN ENCROACHMENT AND JOINT USE AGREEMENT FOR AN
EXISTING BUSINESS SIGN WITHIN THE RIGHT OF WAY AT 2379 NORTH
CARROLL AVENUE.
41. RESOLUTION NO. 11 -009A, AMENDING RESOLUTION NO. 11 -009, WHICH
CALLED FOR A GENERAL ELECTION TO BE HELD MAY 14, 2011, BY
APPROVING JOINT ELECTION AGREEMENTS AND CONTRACTS FOR
ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS
ADMINISTRATOR AND DENTON COUNTY ELECTIONS ADMINISTRATOR
AND PROVIDING FOR EARLY VOTING POLLING LOCATIONS.
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 ELECTON ORDER APPROVED BY RESOLUTION NO. 11 -009 TO
INCORPORATE EARLY VOTING POLLING LOCATIONS AND JOINT ELECTION
AGREEMENTS AND CONTRACTS FOR ELECTION SERVICES WITH TARRANT
COUNTY ELECTIONS ADMINISTRATOR AND DENTON COUNTY ELECTIONS
ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE.
4J. This item was intentionally left blank.
4K. RESOLUTION NO. 11 -021 (ZA11 -010), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS RELAY FOR LIFE /RACHEL'S CHALLENGE
ON PROPERTY BEING DESCRIBED AT LOT 1, BLOCK 1, CARROLL ISD
NO. 1 ADDITION AND LOT 1, BLOCK 1 & LOT 1, BLOCK 2, CARROLL ISD
NO. 2 ADDITION BEING LOCATED AT 801 SHADY OAKS DRIVE AND 800
AND 900 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TARRANT
COUNTY, TEXAS. THE CURRENT ZONING IS CS- COMMUNITY SERVICE
AND NR -PUD — NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT
ZONING DISTRICTS. SPIN NEIGHBORHOOD #7. PUBLIC HEARING (THIS
ITEM HAS BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO
MAY 3, 2011.)
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4L. ORDINANCE NO. 999, 2 READING, ABANDON A PEDESTIAN AND
EQUESTRIAN EASEMENT LOCATED ALONG SOUTHERN BOUNDARY OF
LOTS 10 THROUGH 17, BLOCK 1, FOX HOLLOW ADDITION AS SHOWN ON
THE PLAT DATED JULY 5, 1996. PUBLIC HEARING (THIS ITEM HAS BEEN
TABLED AND THE PUBLIC HEARING CONTINUED TO MAY 3, 2011.)
4M. ZA 11 -005, PLAT REVISION FOR LOT 9R, BLOCK 1, PATTERSON'S POND,
BEING A REVISION OF LOT 9, BLOCK 1, PATTERSON'S POND, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
BEING CURRENTLY ADDRESSED AT 2201 PATTERSON WAY,
SOUTHLAKE, TEXAS. THE CURRENT ZONING IS SF -20A — SINGLE
FAMILY RESIDENTIAL ZONING DISTRICT. SPIN NEIGHBORHOOD #10.
4N. ORDINANCE NO. 998, 2 READING, ADOPT AN ORDINANCE TO
ABANDON EXCESS STREET RIGHT OF WAY AT 1705 WEST
CONTINENTAL BOULEVARD AND CEDE THE PROPERTY TO THE
ADJACENT PROPERTY OWNER. PUBLIC HEARING (THIS ITEM HAS BEEN
TABLED)
A motion was made to approve the consent agenda as presented, to include Item 6C,
which will be tabled to the May 3, 2011 City Council meeting. Councilmember Wang
abstained from voting on the April 5, 2011 City Council meeting minutes.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Mr. Howard Sanders, 1000 Lakewood Drive, thanked Mayor Pro Tem Hill for her
service. He also thanked Mayor Terrell for his comments to address the signage located
within the municipality regarding gas drilling. He thanked Council for their effort and
time related to the gas drilling items.
Mr. Dennis Minder, 223 Eastwood Drive, advised Council he represents his
neighborhood as president of their homeowner association. Mr. Minder wanted to bring
to their attention, the lack of response from the school to address the lights shining onto
residential properties and noise from their PA system.
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Mr. Matt Schirle, 1512 Main Street (Brownstone resident), asked Council to resolve the
fenced in mud field that is owned and controlled by the developer. Mr. Schirle inquired
why nothing has been done by Code Enforcement.
There being no one else wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 480 -594A (ZA11 -006), 2 READING, ZONING CHANGE
AND SITE PLAN TO ALLOW MODIFICATIONS TO THE EXISTING
APPROVED SITE PLAN FOR THE NEW CARROLL INDEPENDENT SCHOOL
DISTRICT ELEMENTARY SCHOOL ON PROPERTY LOCATED AT 2520
NORTH WHITE CHAPEL BOULEVARD, BEING DESCRIBED AS LOT 1R,
STANFORD PLACE, AND BEING APPROXIMATELY 17.581 ACRES.
CURRENT ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. REQUESTED
ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD
#1. PUBLIC HEARING (CITY COUNCIL TABLED THIS ITEM AT THEIR APRIL
5, 2011 MEETING.)
APPROVED
Director of Planning and Development Services Ken Baker presented item to Council.
Carroll Independent School District (CISD) Assistant Superintendent Derek Citty, John
Blacker of Hart, Gaugler & Associates, Shane Garthoff of Garthoff Design, and John
Haugen of Natex Architects made their presentation and were available to answer
questions from Council.
Council and applicant representatives discussed the retaining wall, existing wood fence,
ability of homeowners to tie -in to the school district's fence, and landscaping.
Mayor Terrell opened the public hearing.
Ms. Zoe Sexhus, 3616 Iron Mountain Ranch Court, spoke in support of angled parking.
Mr. Bob Kemins, 605 West Highland Street, spoke in favor of the item. Ms. Tina
Wasserman, 520 West Highland Street, did not wish to speak, but wanted to record her
support for the item.
Ms. Jessica Schlamp, 200 Stockton Drive, voiced her concern that agreements made
by the school district have not been discussed or presented to Council. Ms. Schlamp
commented that she would like Council's motion to include agreements reached by the
neighbors and school district.
Mr. Matt Schirle, 1512 Main Street, spoke in opposition of the item.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
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Page 6 of 15
Applicant representatives answered questions from Council related to the discussion
and agreement reached with adjacent homeowners.
Mayor Terrell reopened the public hearing. Ms. Tammy Kuehler- O'Brian, 208 Stockton
Drive, spoke in opposition of the item. Ms. Gabriella Miller, 405 Orchard Hill Drive, did
not wish to speak, but wanted to record her opposition for the item.
Mayor Terrell closed the public hearing.
In response to Council member Zito's question, City Attorney Allen Taylor advised
Council they can expend funds from the City's reforestation budget to secure a
temporary one -time planting easement for installation of landscaping materials. The
City is not responsible for any ongoing maintenance of the plantings. The City is
restricted from spending funds on another taxing authority entity's property.
Mr. Baker recommended that Council reference changes in the site plan as presented in
the staff report dated April 13, 2011: angled parking, reduction in buffer yard, revised
landscape plan to accommodate the angled parking, alignment and grades of the
quarter mile walking path, revised tree conservation plan to allow the installation of the
drainage swell.
A motion was made to approve Ordinance No. 480 -594a, also known as ZA11 -006, 2nd
reading, zoning change and site plan to allow modifications to the Carroll Independent
School District new elementary school at 2520 North White Chapel Boulevard, noting
the following: applicants willingness not to encroach into the buffer any closer than
existing curb, all drawing and plans presented this evening will be part of the motion; 2'
retaining wall will be 240' and 10' slopes on each side; an 8' fence to run the length of
Lot 9, Block 2; work with the homeowner, CISD landscaper and City landscaper and be
allowed to position trees on CISD property; all landscaping plans as presented this
evening; all trees on the CISD site will have bubblers; trees planted in the buffer at the
end of Lot 9, Block 2 are live oaks that will be a minimum of 6 caliper inches and
eastern red cedars that are 10' to 12' tall and 5' to 6' wide; applicant has agreed to
work with the City to review drainage after all work is complete and ongoing follow up;
residents are allowed to tie- in to school fence at homeowners expense, but CISD will
work with the homeowners to hopefully offer a better price on fence demo on
homeowners property; CISD is willing to place the flat side of the fence toward the
homeowners property or place whichever side of the fence toward the consensus of the
property owners located on each side; request city attorney provide an agreement
granting temporary easement to install landscaping on private property; property owner
is responsible for maintaining the trees; the easement is granted solely for the purpose
of resolving this dispute between CISD and the residents; staff is directed to use
reforestation funds to plant up to three live oak trees up to 6 caliper inches on the
resident's property at Lot 9, Block 2; subject to staff report dated April 13, 2011; and
includes all changes to site plan as presented.
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Mr. Citty clarified the retaining wall leading to the west side will terminate into the
elevation and will not be tapered. The elevation will be tapered on the White Chapel
side. He advised Council that CISD will need the assistance of the homeowner
association for the fence.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOT 1R,
STANFORD PLACE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.737 ACRES AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED
SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS"
COMMUNITY SERVICE 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.
6B. ORDINANCE NO. 480 -338C (ZA11 -007), 2ND READING, ZONING CHANGE
AND SITE PLAN FOR IMPROVEMENTS TO CARROLL INDEPENDENT
SCHOOL DISTRICT SENIOR HIGH SCHOOL ON PROPERTY LOCATED AT
1501 WEST SOUTHLAKE BOULEVARD, BEING DESCRIBED AS LOT 1,
BLOCK 1, CARROLL SENIOR HIGH SCHOOL ADDITION, AND BEING
APPROXIMATELY 55.033 ACRES. CURRENT ZONING: S -P -1 DETAILED
SITE PLAN DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN
DISTRICT. SPIN NEIGHBORHOOD #10. PUBLIC HEARING (CITY COUNCIL
TABLED THIS ITEM AT THEIR APRIL 5, 2011 MEETING. APPLICANT HAS
REQUESTED TO TABLE THIS ITEM TO MAY 3, 2011.)
TABLED
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Page 8 of 15
A motion was made to table Ordinance No. 480 -338C, also known as ZA11 -007, on the
improvements to Carroll Independent School District senior high school to the May 3,
2011 City Council meeting.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Approved: 7 -0
6C. CONSIDER A VARIANCE TO LIGHTING ORDINANCE NO. 693 -B TO PERMIT
LIGHT - EMITTING -DIODE (L.E.D.) LIGHTING AT ALL CARROLL
INDEPENDENT SCHOOL DISTRICT CAMPUSES AND FACILITY
LOCATIONS. (CITY COUNCIL TABLED THIS ITEM AT THEIR APRIL 5, 2011
MEETING.)
TABLED
This item was moved to the consent agenda and approved to be tabled to the May 3,
2011 City Council meeting.
6D. ORDINANCE NO. 480 -CCCC (ZA10 -068), 2ND READING, ZONING TEXT
AMENDMENT FOR DOWNTOWN (DT) ZONING DISTRICT, AN AMENDMENT
TO THE CITY OF SOUTHLAKE ZONING ORDINANCE NO. 480, AS
AMENDED, AS IT PERTAINS TO A NEW RESIDENTIAL DISTRICT (THE
GARDEN DISTRICT AT SOUTHLAKE TOWN SQUARE) WITHIN SECTION 37
OF THE "DT" — DOWNTOWN DISTRICT. PUBLIC HEARING
TABLED
Planner II Clayton Comstock presented item and was available to answer questions
from Council.
Mr. Frank Bliss, 1008 Quail Run Road, reviewed the changes incorporated since the
last Council meeting.
Mayor Terrell recessed the meeting at 10:22 p.m. Mayor Terrell reconvened the
meeting at 10 :39 p.m., with the same members present.
Mr. W. Michael Carter, 1808 Native Dancer Place and Mr. Matt Schirle, 1512 Main
Street, spoke in opposition of the item.
Mr. Schirle presented a letter to Council with 16 signatures from Browstone residents
requesting that Council table the item.
The following citizens spoke in support of the item: Mr. Mike Mills, 1528 Main Street; Mr.
Pete Smith, 1575 Main Street; Mr. Joe Kienast, 1518 Main Street; Mr. Kenneth Horne,
1215 Ashmoore Court; and Mr. George D. Fout, 1577 Main Street. Mr. Fout supported
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Page 9of15
the concept, but voiced his concern with parking on Main and Summit. He
recommended Council consider parking restrictions or parking permits for residents.
The following citizens support the item, but did not wish to speak: Mr. Steve Van Niman
(not present when name was called), 606 Northwood Trail; Ms. Jennifer Morisato, 712
Manchester Court; Mr. Tom Matthews, 2600 E. Southlake Boulevard; Mr. Chris
Depperman, 1013 Aspen Ridge Drive; Mr. Jim Janowiak, 51 Regency Crossing; Ms.
Joanne Janowiak, 521 Regency Crossing; and Ms. Sherrie Perkins, 1405 Dartmouth.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
Mayor Terrell informed Mr. Bliss that Council understands he needs approval in order to
move forward with financing for the project. The Council is not favorable of approving a
concept plan that does not allow the City to modify the details of the concept plan.
Council prefers to have a detailed concept plan similar to a site plan.
Mr. Bliss informed Council he is happy with approval of a concept plan with stipulations.
Council has the option to deny the site plan if it does not mirror the concept plan.
Mayor Terrell directed staff and the city attorney to draft language to include with the
concept plan.
In response to Council's concern, Mr. Bliss advised that he would attend the
homeowners association meeting on Thursday to address concerns and answer
questions. Mr. Bliss requested that Council table the item to the next Council meeting.
A motion was made to table Ordinance No. 480 -CCCC to the May 3, 2011 City Council
meeting.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
6E. ZA10 -069, REVISED CONCEPT PLAN FOR THE GARDEN DISTRICT AT
SOUTHLAKE TOWN SQUARE ON PROPERTY BEING DESCRIBED AS A
PORTION OF BLOCKS 24, 25, 28 AND PARK RIDGE BOULEVARD,
SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE,
PHASE B AND TRACT 2A05 AND TRACT 2A05E, RICHARD EADS SURVEY,
ABSTRACT NO. 481, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
LOCATED AT 202 TO 234 PARK RIDGE BOULEVARD, 1651 EAST STATE
HIGHWAY 114 AND 351 CENTRAL AVENUE, SOUTHLAKE, TEXAS.
CURRENT ZONING: DT — DOWNTOWN ZONING DISTRICT. SPIN
NEIGHBORHOOD #8. PUBLIC HEARING
TABLED
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A motion was made to table ZA10 -069 to the May 3, 2011 City Council meeting.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Approved: 7 -0
6F. RESOLUTION NO. 11 -020 (ZA11 -004), SPECIFIC USE PERMIT TO ALLOW A
TENT FOR THE PURPOSES OF PROMOTING RETAIL SALES FOR
PERFORMANCE BICYCLE ON PROPERTY BEING DESCRIBED AS LOT 3,
BLOCK 1, GATEWAY PLAZA ADDITION AN ADDITION TO THE CITY OF
SOUTHLAKE AND BEING LOCATED AT 3001 E. STATE HIGHWAY 114,
SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS S -P-
2 - GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8.
PUBLIC HEARING
APPROVED
Planner II Clayton Comstock presented item and was available to answer questions
from Council.
Applicant representative Dewey Thiesen, 817 Cannon Gate Drive, Flower Mound,
Texas was available to answer questions from Council.
Mayor Terrell opened the public hearing.
Mr. Mike Mills, 1528 Main Street, spoke in support of the item.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Resolution No. 11 -020, also known as ZA11 -004,
granting a specific use permit for performance bicycle.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A TENT FOR THE PURPOSE OF
PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT 3001 E. STATE HIGHWAY 114, BEING DESCRIBED AS LOT
3, BLOCK 1, GATEWAY PLAZA ADDITION, MORE FULLY AND COMPLETELY
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Page 11 of 15
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.
Mayor Terrell announced Council would move to Item 7B
7B. ORDINANCE NO. 1000 (CP09 -003), 1 READING, AMENDMENT TO THE
CITY'S MASTER PLAN PROPOSING A CHANGE IN THE LAND USE
DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MIXED USE OR
THAT THE CONDITION REQUIRING THE PROPERTY TO BE MASTER -
PLANNED WITH OTHER PROPERTIES BE REMOVED FROM THE
TRANSITION 2 OPTIONAL LAND USE DESIGNATION, ON PROPERTIES
DESCRIBED AS TRACT 2B, A PORTION OF LOT 2, R.P. ESTES
SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND BEING LOCATED AT 2411 SAM SCHOOL ROAD,
SOUTHLAKE, TEXAS. SPIN NEIGHBORHOOD #5. (IF APPROVED AT 1ST
READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON MAY
3, 2011.)
DENIED
Planner II Clayton Comstock presented item and was available to answer questions
from Council.
Mr. Ray Williamson, 479 West Highland, presented item and was available to answer
questions from Council.
Council expressed their concern changing the land use designation as presented by the
applicant.
Deputy Mayor Pro Tem Hill asked Mr. Baker why the Council needs to amend the City's
Master Plan.
Mr. Baker informed Council if they elect to deny the amendment and approve the zoning
change, Council will need to identify a finding that shows how the particular zoning
request is consistent with low density.
Mr. Baker informed Council they can limit the use to what the applicant is proposing for
the site plan. Council can request the applicant narrow down the uses and allow the
storage component.
A motion was made to deny Ordinance No. 1000, also known as CP09 -003, on the 1
reading, amendment to the City's Master Plan.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
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Page 12 of 15
Approved: 7 -0
Mayor Terrell announced Council would move to Item 7C.
7C. ORDINANCE NO. 480 -602 (ZA09 -062), 1ST READING, ZONING CHANGE
AND SITE PLAN ON PROPERTY BEING DESCRIBED AS TRACT 2B, A
PORTION OF LOT 2, R.P. ESTES SUBDIVISION, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING LOCATED AT
2411 SAM SCHOOL ROAD, SOUTHLAKE, TEXAS. THE CURRENT ZONING
IS AG — AGRICULTURAL DISTRICT. THE REQUESTED ZONING IS S -P -1 —
DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #5. (IF
APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM
WILL BE HELD ON MAY 3, 2011.)
APPROVED
This item was presented and discussed in conjunction with item 7B.
A motion was made to approve Ordinance No. 480 -602, also known as ZA09 -062, on
the 1 reading, a change in zoning from AG to SP -1 zoning district with the following
stipulations: limited to the uses now in place; subject to the removal of the illegally
constructed building addition; applicant will come back to Council and present a specific
list of uses for the property, and subject to site plan review.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Approved: 7 -0
7. ORDINANCES, FIRST READINGS AND RELATED ITEMS
7A. ORDINANCE NO. 480 -EEEE, 1 READING, AMENDMENT TO THE ZONING
ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PERMITTED AND
ACCESSORY USES AND SALES WITHIN CERTAIN (NON- RESIDENTIAL)
ZONING DISTRICTS. (IF APPROVED AT 1 READING, THE PUBLIC
HEARING FOR THIS ITEM WILL BE HELD ON MAY 3, 2011.)
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions from Council.
A motion was made to approve Ordinance No. 480 -EEEE, 1 reading, amendment to
Zoning Ordinance No. 480.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2011
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Approved: 7 -0
7B. ORDINANCE NO. 1000 (CP09 -003), 1 READING, AMENDMENT TO THE
CITY'S MASTER PLAN PROPOSING A CHANGE IN THE LAND USE
DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MIXED USE OR
THAT THE CONDITION REQUIRING THE PROPERTY TO BE MASTER -
PLANNED WITH OTHER PROPERTIES BE REMOVED FROM THE
TRANSITION 2 OPTIONAL LAND USE DESIGNATION, ON PROPERTIES
DESCRIBED AS TRACT 2B, A PORTION OF LOT 2, R.P. ESTES
SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND BEING LOCATED AT 2411 SAM SCHOOL ROAD,
SOUTHLAKE, TEXAS. SPIN NEIGHBORHOOD #5. (IF APPROVED AT 1sT
READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON MAY
3, 2011.)
DENIED
Council discussed and took action on this item earlier in the meeting.
7C. ORDINANCE NO. 480 -602 (ZA09 -062), 1ST READING, ZONING CHANGE
AND SITE PLAN ON PROPERTY BEING DESCRIBED AS TRACT 2B, A
PORTION OF LOT 2, R.P. ESTES SUBDIVISION, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING LOCATED AT
2411 SAM SCHOOL ROAD, SOUTHLAKE, TEXAS. THE CURRENT ZONING
IS AG — AGRICULTURAL DISTRICT. THE REQUESTED ZONING IS S -P -1 —
DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #5. (IF
APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM
WILL BE HELD ON MAY 3, 2011.)
APPROVED
This item was presented and discussed in conjunction with Item 7B. Council took
action on this item earlier in the meeting.
8. RESOLUTIONS
No items.
9. OTHER ITEMS FOR CONSIDERATION
No items.
10. MEETING ADJOURNED
Mayor Terrell adjourned the meeting at 12:54 a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2011
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C - • l am.
John Terrell
Mayor
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Alicia Richardson
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 19, 2011
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