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2008-11-18 CITY O F SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 18, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem John Terrell, Deputy Mayor Pro Tem Gregory Jones and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Interim Director of Information Technology John Kelly, Information Systems Technician Sam Cobb, Information Systems Technician Vicky Roche, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Construction Manager Peter Kao, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Chief of Fire Services Michael Starr, Chief of Police Services Robert Finn, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Planner II Clayton Comstock, Administrative Secretary Stephanie Breitbarth, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor 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 5:16 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Green Team Policy Committee Update. Director Baker, Assistant to the City Manager Ortowski, and Director Hugman each presented segments of 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. Item 9A was added to the consent agenda for approval. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 1 of 16 Mayor Wambsganss closed the work session at 6:12 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:12 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 6:12 p.m. Executive Session began at 6:35 p.m. and ended at 6:53 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:12 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report - update of upcoming meetings and events. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3A2. Mayor's Report - Recognition of water tower project. Deputy Mayor Pro Tem Jones thanked and recognized the donors, city staff, and Carroll ISD who assisted with the project of painting of the Dragon logo on the water tower at Dove Road and White Chapel Boulevard. Director Price presented information on Landmark, Inc. and Chris Lamon who served as the contractor on this project. Agenda Item No. 3B1. Parks and Recreation Board Report — update of upcoming meetings and events. Park Boardmember Ken Goodman presented this item to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Wambsganss read the items into the record. Agenda Item No. 4A. Approve minutes from the October 21, 2008 regular City Council meeting and the October 22, 2008 City Council work session. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 08 -060, Establish the City of Southlake's Legislative Agenda for the 81 Texas Legislative Session. 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: REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 2 of 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 81 TEXAS LEGISLATIVE REGULAR SESSION. Agenda Item No. 4C. This item was intentionally left blank. Agenda Item No. 4D. Approve an interlocal agreement with the City of Grapevine for the construction of North Kimball Avenue from Shady Lane to East Dove Road. A presentation was not made on this item. Agenda Item No. 4E. Approve an interlocal agreement with the City of Grapevine for provision of sanitary sewer services to the Simmons Service area for a period of 99 years. A presentation was not made on this item. Agenda Item No. 4F. Ordinance No. 950, 1 Reading, Adjust Southlake's northeast city boundary adjacent to the City of Grapevine in the area of the westbound State Highway 114 frontage road and Park Boulevard. Director Price presented this item to Council during the work session. Agenda Item No. 4G. Approve a professional services agreement with Jacobs Engineering Group for median landscape design on Southlake Boulevard for an amount not to exceed $119,000. A presentation was not made on this item. Agenda Item No. 4H. Approve the selection of artists for commissioned artwork at the new DPS Headquarters. A presentation was not made on this item. Council approved the selection of artists Liz Bonham and Archie St. Clair. Agenda Item No. 41. Approve the conceptual design for the Lonesome Dove Park improvements project. A presentation was not made on this item. Agenda Item No. 4J. Ordinance No. 948, 1 Reading, Dedicate a public utility easement for pedestrian access, roadway, utilities, and drainage on city -owned property at Liberty Park at Sheltonwood. A presentation was not made on this item. Agenda Item No. 4K. Ordinance No. 934 -B, 1 Reading, Amend the 2006 Edition of the International Plumbing Code to establish the minimum standards for the installation of irrigation systems. A presentation was not made on this item. Agenda Item No. 4L. Ordinance No. 937 -B, 1 Reading, Amend the 2006 Edition of the International Residential Code to establish the minimum standards for the installation of irrigation systems for one and two- family dwellings. A presentation was not made on this item. Agenda Item No. 4M. ZA06 -030, Preliminary Plat Extension for Saddleback Ridge Estates located at 330 through 360 West Bob Jones Road. Current Zoning: SF -1A REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 3 of 16 Single Family Residential District. SPIN Neighborhood #1. Request for extension to June 7, 2010. A presentation was not made on this item. Agenda Item No. 4N. ZA06 -185, Final Plat Extension for Saddleback Ridge Estates located at 330 through 360 West Bob Jones Road and 4640 North White Chapel Boulevard. Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #1. Request for extension to January 19, 2010. A presentation was not made on this item. Agenda Item No. 40. Authorize the purchase of a Pierce Quantum Pumper from Martin Apparatus, Inc. in the amount of $559,994. A presentation was not made on this item. Agenda Item No. 4P. Resolution No. 08 -053 (ZA08 -092), Specific Use Permit for Myan Plaza (carport) on property being described as Lot 3R, Block 3, Cornerstone Business Park Addition and being located at 520 Silicon Drive. Current Zoning: 01 — Office District. SPIN Neighborhood #7. This item was withdrawn by the applicant. Agenda Item No. 4Q. Ordinance No. 480 -571, 2nd Reading (ZA08 -083), Zoning Change for 200 South Peytonville Avenue being Tract 3C2, W. R. Eaves Survey, Abstract No. 500, and being located at 200 South Peytonville Avenue. Current Zoning: S -P -2 Generalized Site Plan. Proposed Zoning: a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 2, 2008 City Council meeting. Agenda Item No. 4R. Ordinance No. 480 -572, 2nd Reading (ZA08 -084), Zoning Change for 210 South Peytonville Avenue on property being Tract 3C2A, W. R. Eaves Survey, Abstract No. 500. Current Zoning: S -P -2 Generalized Site Plan District. Proposed Zoning: a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 2, 2008 City Council meeting. Agenda Item No. 4S. Ordinance No. 480 -573, 2nd Reading (ZA08 -085), Zoning Change for 240 South Peytonville Avenue on property being Lot 3, Akard Addition. Current Zoning: S -P -2 Generalized Site Plan District. Proposed Zoning: S -P -1 Detailed Site Plan District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 2, 2008 City Council meeting. Agenda Item No. 4T. Ordinance No. 480 -574, 2nd Reading (ZA08 -086), Zoning Change for 260 South Peytonville Avenue on property being Lot 2, Akard Addition. Current Zoning: S -P -2 Generalized Site Plan District. Proposed Zoning: 0 -1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 2, 2008 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 4 of 16 Agenda Item No. 4U. Ordinance No. 480 -575, 2 Reading (ZA08 -087), Zoning Change for 280 South Peytonville Avenue on property being Lot 1, Akard Addition. Current Zoning: S -P -2 Generalized Site Plan District. Proposed Zoning: 0 -1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. This item was tabled to the December 2, 2008 City Council meeting. Agenda Item No. 4V. Ordinance No. 480 -577, 1 Reading (ZA08 -044), Zoning Change and Site Plan for Regents Park on property described as Tracts 2C14 and 2C15, Jessie G. Allen Survey, Abstract No. 18 and being located at 2580 West Southlake Boulevard and 2530 West Southlake Boulevard. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #15. This item was administratively tabled to the December 2, 2008 City Council meeting. Agenda Item No. 4W. Ordinance No. 480 -578, 1 Reading (ZA08 -075), Zoning Change and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and 2A6 in the W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502, and located at 505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S -P -1 Detailed Site Plan District, and SF -20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. This item was administratively tabled to the December 2, 2008 City Council meeting. Agenda Item No. 9A. Consider SP08 -161, Variance to the Shady Oaks Office Park Conditional Sign Permit for Guaranty Bank located at 600 West Southlake Boulevard, Suite 110. Deputy Director Killough presented this item to Council during the work session. Motion was made to approve consent agenda items 4A; 4B; 4D; 4E; 4F; 4G; 4H to approve the selection of artists Liz Bonham and Archie St. Clair; 41; 4J; 4K; 4L; 4M; 4N; 40; to table item 4Q to the December 2, 2008 regular City Council meeting; to table item 4R to the December 2, 2008 regular City Council meeting; to table item 4S to the December 2, 2008 regular City Council meeting; to table item 4T to the December 2, 2008 regular City Council meeting; to table item 4U to the December 2, 2008 regular City Council meeting; to administratively table item 4V to the December 2, 2008 regular City Council meeting; to administratively table item 4W to the December 2, 2008 regular City Council meeting; and 9A making this variance to the conditional sign permit specifically related to the sign that was presented tonight and that any changes in lettering or colors will require approval by City Council and requiring placement and construction of the proposed sign to be done with the approval and supervision of the landscape administrator. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 5 of 16 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during public forum. Mayor Wambsganss announced Council would consider Item 6G next. Agenda Item No. 6G. ZA08 -097, Site Plan for Whites Chapel Cemetery on property being approximately 2.3 acres located at the southeast corner of East Southlake Boulevard and South White Chapel Boulevard and being located at 121 East Southlake Boulevard and 121 South White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9W. Director Baker presented this item to Council. Mayor Wambsganss opened the public hearing. Mary Haney, President of the Whites Chapel Cemetery Association, made a presentation to Council and answered questions. Mayor Wambsganss closed the public hearing. Motion was made to approve ZA08 -097, Site Plan for Whites Chapel Cemetery granting the requested variance as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6A. Ordinance No. 480 -564, 2nd Reading (ZA08 -031), Zoning Change and Development Plan for Carillon Southlake on property located at the northeast corner of State Highway 114 and North White Chapel Boulevard, described as Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1, and 3B2, Larkin H. Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absolom H. Chivers Survey, Abstract No. 299. Said property also being currently addressed 1500 and 1900 North Carroll Avenue, 1801 North White Chapel Blvd, and 100, 202, 250, 300, 320, and 350 East State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District and C -2 Local Retail Commercial District. Requested Zoning: ECZ Employment Center Zoning District. SPIN Neighborhood #5. Director Baker presented this item to Council. Applicant Jeff Kennemer and David Carr with Hines, 5215 North O'Connor Boulevard, Las Colinas, Texas presented this item to Council and answered their questions. Council discussed this item. 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; REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 6 of 16 GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 3 AND 4A1 SITUATED IN THE A. CHIVERS SURVEY ABSTRACT NO. 299 AND TRACTS 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1AND 3B2 SITUATED IN THE L. CHIVERS SURVEY ABSTRACT NO. 300, BEING APPROXIMATELY 285 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR -PUD" NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "ECZ" EMPLOYMENT CENTER ZONING DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN AND INCLUDING THE USES AND DEVELOPMENT STANDARDS 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. Randall McCauley, 2805 Carrick Court, Southlake, Texas, spoke in support. Fran Waldman, 713 Longford Drive, Southlake, Texas, spoke in support. Kai Fischer, 602 Bordeaux Drive, Southlake, Texas, spoke in support. John Jay, 540 Round Hollow Lane, Southlake Texas, spoke in opposition. Robert Zimmerman, 515 Round Hollow Lane, Southlake, Texas, spoke in opposition. Kathleen V. Simpson, 104 Brentwood Circle, Southlake, Texas, spoke in opposition. Mayor Wambsganss read comment cards from those who did not wish to speak but wanted to record their opposition: David Flexer, 917 Silverton, Southlake, Texas; Peter Hubei, 406 Marshall Road, Southlake, Texas; Debbie Jay, 540 Round Hollow Lane, Southlake, Texas; Glenn Jost, 116 Brentwood Circle, Southlake, Texas; Neil McNabnay, 419 Marshall Road, Southlake, Texas; Terri and Vik Suresh, 565 Round Hollow Lane, Southlake, Texas; Tanya Thomopoulos, 132 Londonberry Terrace, Southlake, Texas, "What are we going to do with more office space! Not very forward thinking as corporations are moving away from bricks and mortar space. "; and, REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 7 of 16 Jami Zimmerman, 512 Round Hollow Lane, Southlake, Texas. Mayor Wambsganss read comment cards from those who did not wish to speak but wanted to record their support: Kevin Archer, 808 Longford Drive, Southlake, Texas, "Quality developer with a solid track record! "; Andrea Becicka, 1545 East Southlake Boulevard, Southlake, Texas; Brad Cavnar, 1501 Corporate Circle, Southlake, Texas; Giovanna Phillips, 1501 Corporate Circle, Suite 100, Southlake, Texas; Michael L. Waldman, 713 Longford Drive, Southlake, Texas; and, Brian Zvonecek, 513 Fox Glen, Southlake, Texas. Greg Standerfer spoke in support. Chuck Simpson, 104 Brentwood Circle, Southlake, Texas spoke in opposition. Mayor Wambsganss closed the public hearing. Mick Durandland, the architect for an Opus development in Highland Village, answered questions of Councilmembers. Council continued to discuss this request. Mr. Kennemer continued to answer Council's questions. Motion was made to approve Ordinance No. 480 -564, 2 Reading (ZA08 -031), Zoning Change and Development Plan for Carillon Southlake subject to Development Plan Review Summary No. 7, dated November 12, 2008 subject to the following: A. Granting the following modifications: 1. Item 1A: Allowing block lengths as shown on the development plan 2. Item 1 B: Addressing off - street parking, allowing placement of off- street parking placed as shown on the development plan 3. Item 1 C: Allowing cul -de -sacs as shown on the development plan B. Granting the following variance: 1. Item 2: Granting the driveway stacking variance as shown on the development plan C. Plans and architecture: 1. Development Plans: Approval based on the plan received by the City November 10, 2008 and presented to City Council on November 18, 2008 for Plan B: including raised platform Villas, not the Maisons: a. Requiring that any of the Villas less than 10 feet apart must have sprinkler systems in accordance with the Fire Marshal's requirements 2. Architectural plans: including all architectural graphic representations as submitted in the zoning booklet and this evening. To the extent REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 8 of 16 there is any conflict with those two items, the latest submittals shall prevail. 3. Including all architectural controls for commercial and residential as presented in the Development Standard Tables 7.0 and 7.1 and as presented this evening by the applicant. 4. Including the proposed Phasing Plan, recognizing some flexibility as we will discuss at a later time but noting how their Phasing Plan is scheduled. D. Uses - Uses to be in accordance with development regulations submitted in the zoning booklet as submitted including: 1. "Development Plan Changes since original submittal" listed and as received by the City on November 10, 2008 and utilized at the Council work session. 2. Also including items discussed this evening: a. Noting that any grocery requests would need to be submitted as a Specific Use Permit (SUP) b. Subject to staff's presentation this evening c. Subject to the applicant's representations this evening E. Miscellaneous: 1. Requiring that the applicant prepare and provide a final zoning booklet and plans that represent the motion as approved. 2. Including the preferred tree species list proposed for Kirkwood Boulevard. 3. Including the requirement that construction access be limited to State Highway 114 and White Chapel between State Highway 114 and Kirkwood. 4. Accepting the applicant's commitment to construct a retaining wall on the Boudreaux property as discussed. 5. Disallowing construction vehicle "advertising signage" along State Highway 114. 6. Future site plans to be consistent with the Carillon's landscape concept and park and open space plans as detailed in the zoning booklet. 7. To discuss at a future date, the removal of the bridge located close to Carroll Avenue and to work with Department of Public Safety on that item. 8. Requiring the sidewalk along the east side of the lake park as shown on the plan. 9. The applicant's willingness and representation to construct 60 -acre feet for storm water and also understanding that with the initial phasing, the applicant will construct the detention portion of both lakes immediately and will complete both full retention and park lakes as soon as the applicant starts Phase 3. 10. Requiring masonry fencing or walls along the entire Kirkwood frontage back fences to any of those properties. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 9 of 16 11. The applicant will also look at the parking along State Highway 114 prior to Site Plan that is still up for discussion. 12. The applicant has agreed to construct a minimum 6 foot masonry screening wall along the Thrasher property. 13. Agreement on a 5 year build out of Kirkwood, if after 5 years the City or anyone else decides to construct Kirkwood as it goes on to the east the applicant has agreed to finish out any remaining part of Kirkwood on their property. 14. Allowing no cedar fencing along Kirkwood. 15. Requiring masonry fencing along Kirkwood, Carroll Avenue and Primrose. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss called for a break at 10:13 p.m. and reconvened the meeting at 10:32 p.m. Agenda Item No. 6B. Resolution No. 08 -045, Amendments to the City's Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan, to include the future alignment of Kirkwood Boulevard, north of State Highway 114 and North Carroll Avenue. Director Baker 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, FOR AMENDMENT TO THE ADOPTED MOBILITY AND MASTER THOROUGHFARE PLAN MAP TO INDICATE THE GENERAL ALIGNMENT OF KIRKWOOD BOULEVARD AND AMEND THE FUNCTIONAL CLASSIFICATION OF NORTH CARROLL AVENUE FROM STATE HIGHWAY 114 TO DOVE STREET. Mayor Wambsganss opened the public hearing and read a comment card from Andrew Kuster, 240 Glenrose Court, Southlake, Texas who did not wish to speak but wanted to record his support. No one else spoke during the public hearing. Mayor Wambsganss closed the public hearing. Motion was made to approve Resolution No. 08 -045, Amendments to the City's Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan, to include the future alignment of Kirkwood Boulevard north of State Highway 114 and North Carroll Avenue with a note to the portion of North Carroll Avenue from Dove Street to State Highway 114 that states "Retain the existing REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 10 of 16 designation of A2U (88') with the provision to improve the roadway to an A4D (88') arterial when traffic counts warrant." Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6C. Ordinance No. 480 -576, 2 Reading (ZA08 -078), Zoning Change and Site Plan for Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6 L.B.G. Hall Survey, Abstract No. 686 and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard and 275 -315 Shady Oaks Drive. Current Zoning: CS Community Service District and AG Agricultural District. Requested Zoning: CS Community Service District. SPIN Neighborhood #13. Director Baker and Interim Director Tribble presented this item to Council in conjunction with item 6D. 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 TRACTS 2A AND 3C1 SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT, 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. Claudia Pillow, 575 Love Henry Court, Southlake, Texas spoke in opposition and submitted two petitions to Council. Timothy Pillow, 575 Love Henry Court, Southlake, Texas, spoke in opposition. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 11 of 16 Russell Floyd, 1609 Regal Oaks Drive, Southlake, Texas, spoke in support. Francis Nathan, 535 Love Henry Court, Southlake, Texas, spoke in opposition. Harold Annis, 490 Love Henry Court, Southlake, Texas, spoke in opposition and submitted a letter to City Council. Kim Campbell, 495 Love Henry Court, Southlake, Texas, spoke in opposition. Ed Stefanko, 320 Green Oaks Lane, Southlake, Texas, spoke in opposition. Mike Reinhart, 530 Love Henry Court, Southlake, Texas, spoke in opposition. Mayor Wambsganss read comment cards from those who did not wish to speak but wanted to record their opposition: Nancy Alletto, 109 Londonberry Terrace, Southlake, Texas; Angela Annis, 490 Love Henry Court, Southlake, Texas; Bobbie Heller, 124 Londonberry Terrace, Southlake, Texas; and, Sandi Olkkola, 112 Londonberry Terrace, Southlake, Texas. Mayor Wambsganss read comment cards from those who did not wish to speak but wanted to record their support: Michael DeNicola, 1680 Bent Creek Drive, Southlake, Texas, "Support completely Bicentennial Park plan and want it to be completed on time and as planned. "; William Faris, 1801 Rustling Brook Court, Southlake, Texas; Ken Goodman, 1218 Ridgewood, Southlake, Texas; Oscar C. Gomez, 1711 Byron Nelson Parkway, Southlake, Texas; Mike McClanahan, 306 Quail Court, Southlake, Texas; Giovanna Phillips, 1501 Corporate Circle, Suite 150, Southlake, Texas; and, Rob Ward, 704 Kent Court, Southlake, Texas. Kai Fischer, 602 Bordeaux Drive, Southlake, Texas, spoke in support. Mayor Wambsganss closed the public hearing. Council continued their discussion of this item and asked questions of city staff as well as Terry Cheek, President of Schrikel Rollins and Associates and James Williams, Lead Project Manager, of Schrikel Rollins and Associates. Motion was made to approve Ordinance No. 480 -576, 2nd Reading (ZA08 -078), Zoning Change and Site Plan for Bicentennial Park granting the requested variances; noting that the batting cages will not be part of this approval but will be revisited by staff to determine their best location; adding the additional plantings as presented; noting the operating hours as presented and discussed; noting the batting fields and batting cages REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 12 of 16 will be secured as presented by staff; approving lighting option #2 as presented by staff; adding a 10 -foot board -on -board capped, stained wood fence along the property line on the north side and adding a gate for Mr. Wayland as well; and subject to Revised Site Plan Review Summary No. 1, dated October 15, 2008. Motion: Jones Second: Terrell Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6D. ZA08 -094, Plat Revision for Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6 L.B.G. Hall Survey, Abstract No. 686 and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard and 275 -315 Shady Oaks Drive. Current Zoning: CS Community Service District and AG Agricultural District. Proposed Zoning: CS Community Service District. SPIN Neighborhood #13. Director Baker presented this item to Council in conjunction with item 6C. Motion was made to approve ZA08 -094, Plat Revision for Bicentennial Park subject to Plat Review Summary No. 1, dated October 9, 2008. Motion: Jones Second: Terrell Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss called for a break at 12:35 a.m. and reconvened the meeting at 12:41 a.m. Agenda Item No. 6E. Ordinance No. 480 -491a, 2 Reading (ZA08 -093), Zoning Change and Site Plan for Morrison Office Park on property being described as Tract 1A, Samuel Freeman Survey, Abstract No. 525 and being located at 2720 East State Men Highway 114. Current Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #6. Deputy Director Killough presented this item to Council. The applicant was present but did not speak. 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 1A, SITUATED IN THE S. FREEMAN SURVEY, ABSTRACT NO. 525; AND BEING 6.19 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 13 of 16 OFFICE DISTRICT USES TO INCLUDE LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE LIMITED "C -3" GENERAL COMMERCIAL DISTRICT 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; 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. Motion was made to approve Ordinance No. 480 -491a, 2 Reading (ZA08 -093), Zoning Change and Site Plan for Morrison Office Park granting the requested variances; noting the covered parking will be permitted accessory structures; and subject to Site Plan Review Summary No. 1, dated October 3, 2008. Motion: Terrell Second: Muzkya Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6F. Ordinance No. 947, 2nd Reading, Vacate and abandon a 15' waterline easement and a 20' temporary construction easement located in the Samuel Freeman Survey, Abstract No. 525 and recorded in volume 15934, page 278, D.R.T.C.T. Deputy Director Killough 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 VACATING AND ABANDONMENT OF A 15 FOOT WATERLINE EASEMENT AND ACCOMPANYING 20 FOOT CONSTRUCTION EASEMENT LOCATED ON THE SAMUEL FREEMAN ABSTRACT NO. 525 AND RECORDED IN VOLUME 15934, PAGE 278, D.R.T.C.T. IN THE CITY OF SOUTHLAKE; DECLARING THAT SUCH EASEMENTS ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE EASEMENTS; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 947, 2 Reading, Vacate and abandon a 15' waterline easement and a 20' temporary construction easement located in the REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 14 of 16 Samuel Freeman Survey, Abstract No. 525 and recorded in volume 15934, page 278, D.R.T.C.T. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6G. ZA08 -097, Site Plan for Whites Chapel Cemetery on property being approximately 2.3 acres located at the southeast corner of East Southlake Boulevard and South White Chapel Boulevard and being located at 121 East Southlake Boulevard and 121 South White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9W. This item was considered earlier in the evening. Agenda Item No. 6H. ZA07 -144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #16. Deputy Director Killough presented this item to Council. Applicant Bennett Liu of Irving, Texas answered Council's questions. Council discussed this request and expressed concerns about the size of the building. After discussion, the applicant asked to table this item to further evaluate the building size. Motion was made to table ZA07 -144, Site Plan for Lot 1, Players Circle to the December 2, 2008 regular City Council meeting. Motion: Terrell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Tabled: 7 -0 Agenda Item No. 7A. Ordinance No. 480 -570, 1 Reading (ZA08 -059), Zoning Change and Site Plan for The Plaza at Southlake Boulevard on property being described as a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899 and being located at 400 South Carroll Avenue (per Tarrant County Appraisal District records) and also being at 1001 East Southlake Boulevard (as assigned by the City of Southlake). Current Zoning: AG Agricultural. Requested Zoning: S -P -2 Generalized Site Plan District with C2 Uses Light Retail Commercial District. SPIN Neighborhood #9E. Deputy Director Killough presented this item to Council. Applicant Tom Wouters of Realty Capital answered Council's questions. Motion was made to approve Ordinance No. 480 -570, 1 Reading (ZA08 -059), Zoning Change and Site Plan for The Plaza at Southlake Boulevard subject to applicant's representations made this evening; subject to applicant's willingness to put a minimum REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 15 of 16 of 80% brick on all of the buildings; and subject to Site Plan Review Summary No. 5, dated November 11, 2008, approving the requested variances and applicant's agreement to place a right -in /right -out driveway on Southlake Boulevard (F.M. 1709). Motion: Terrell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 1:36 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Ad Andy Wambsganss Mayor ATTEST: A Lori Payne, TR / e " City Secretary s OS w ° ♦♦ �i j t �11tt 39i♦, ♦♦ REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2008 Page 16 of 16 HAROLD E. ANNIS 490 Love Henry Court Southlake, Texas 76092 (817) 481 -6242 November 18, 2008 City Council City of Southlake Southlake, TX 76092 Dear Council Members: I am Harold Annis. My wife Angela and I live and own the residence at 490 Love Henry Court, (lot 2 of Southlake Estates) Southlake, TX. We have lived in this residence since 1989. I would like to comment on the changes proposed for Bicentennial Park. Acceptability of Plan: In general I do not support the immediate plan and the future expansion for Bicentennial Park for a number of reason: Noise: When the original plan was presented for Bicentennial Park, I made the suggestion that ball fields be located closer to 1709 and soccer fields or less intense activities be located on the North edge of the park. Unfortunately, that council did not accept that recommendation. In fact, that council used the same argument that is now being used; "the planning is too far along and too much money has been spent to change the plan." Now I see the recommended addition of more ball fields and batting cages along the North boundary of Bicentennial Park. These activities will only add to the noise and broken promises given to the residents of Southlake Estates. I urge you to abandon that position and reconsider the noise and late night lighting that will invade the entire addition of Southlake Estates. Intensity: It appears that the Parks and Recreation Department has recommended a plan that will consume the space in a density that is more appropriate for a commercial enterprise rather than a peaceful community park. The idea of placing a 2000 seat stadium on this site makes it even more like a commercial enterprise. I ask you to reconsider and reject the proposed plan and direct the inclusion of low- density activities such as walking trails and picnic areas. Buffer: One peace offering that the council offered when the original Bicentennial Park plan was approved was that they would seriously consider and make effort to purchase the Wayland property for the purpose of creating a burm with large trees to create a barrier between the ball fields that just had to be at the North end of the park and Southlake Estates. This green belt would also be ideal for walking and nature trails. Obviously, the commitment of the council was weak and nothing happened. I ask you again to make a condition on the approval of any Bicentennial Park expansion that a barrier must be included of sufficient height and natural density that noise and light penetrating Southlake Estates will be mitigated. Traffic: The inclusion of a 2000 seat stadium with access off Shady Oaks Boulevard will be a huge overload on this two -lane street. Please reject any plan that includes such a high - density use. Keep the tradition of Southlake being a low density and very comfortable city to live in. Sincerely, Harold E. Annis • , jZeceived -F %owk- Cl etalik t°'llaw at 11 - r8 -o53 CA- C �f 7 PETITION FOR CHANGES TO BICENTENNIAL 2007 MASTER PLAN Phase 1 CITY OF SOUTHLAKE, TEXAS November 14, 2008 To the Honorable Mayor and City Council, Southlake, Texas: • We, the undersigned owners of Southlake Estate properties affected by Ordinance No. 480 -576 Zoning Change and Concept Plan for Bicentennial Park, do hereby request the following changes to Phase 1 of the Bicentennial 2007 Master Plan: In order of priority: 1. Eliminate, sound proof, or move the batting cages to the south corner of the 4 -Plex to preserve and protect the integrity of the Southlake Estates residential neighborhood. 2. Build a 12 foot pre -cast wall barrier to minimize noise, light glare and pollution (similar to the wall behind Central Market) along the Phase 1 north border of Bicentennial Park. To reduce cost, the wall could start at 8 feet by Shady Oaks Road, graduating to 12 feet north of the 4 -Plex Pinto and Mustang fields, and existing Bronco field, and then level back off to 8 feet south of the Wayland home. 3. Eliminate at least 16 feet of parking (12 spaces) from the northwest 4 -Plex parking lot and use the space as a green buffer area with trees. The current 2007 Phase 1 plan has the parking lot within 10 feet of the North Bicentennial Park property line without a green zone area. 4. Restrict night -time field usage to 9 pm for the 4 -Plex to protect the quiet enjoyment of the Southlake Estates single family residential properties and to maintain property values. 5. Allocate for greener tree buffer zones within the 340 space parking lot. The current 2007 Phase 1 plan requires 18 square feet per stall of landscaped areas throughout the parking lot as per Section 43.9.b.3.g. Residential Adjacency Standards. Neighboring Contact Person: Claudia Pillow Telephone: 817 689 -5853 Owners Signature ` ( Name Street Address i , l . 1 C14doa R'ilow sis low i .n y "1 2. ,v,- qo'h v) 4 e- ' 61 )e )04 Y 1 196 I I gq5LAP ,. . 0.- . 3. dr i . JAAni /Ai 4t,inici4 4 41 avja )qY)1()'k 4 1-0■/_. Hot cif Of eitAett. tiL4 4 ,k I Mile g /' 4-7 4 tc.i 1 ' ih 0 / f /0 / ii i) - 0 6 4ove, /4411 & Tee-oTi N( Al4tzet_. 3 5, Zoore//e/ie 7. 8. N A -f)..„,_,__QU. Li S5 L0J-Q--1-kyy (-+, Thank you. q . aeis OnoSeAS to 1 Lox. 1--erwl,f C-i- ( . -ce- (xifax-Ive)) PETITION FOR CHANGES TO BICENTENNIAL 2007 MASTER PLAN Phase 1 CITY OF SOUTHLAKE, TEXAS November 14, 2008 To the Honorable Mayor and City Council, Southlake, Texas: We, the undersigned owners of Southlake Estate properties affected by Ordinance No. 480 -576 Zoning Change and Concept Plan for Bicentennial Park, do hereby request the following changes to Phase 1 of the Bicentennial 2007 Master Plan: In order of priority: 1. Eliminate, sound proof, or move the batting cages to the south corner of the 4 -Plex to preserve and protect the integrity of the Southlake Estates residential neighborhood. 2. Build a 12 foot pre -cast wall barrier to minimize noise, light glare and pollution (similar to the wall behind Central Market) along the Phase 1 north border of Bicentennial Park. To reduce cost, the wall could start at 8 feet by Shady Oaks Road, graduating to 12 feet north of the 4 -P1ex Pinto and Mustang fields, and existing Bronco field, and then level back off to 8 feet south of the Wayland home. 3. Eliminate at least 16 feet of parking (12 spaces) from the northwest 4 -Plex parking lot and use the space as a green buffer area with trees. The current 2007 Phase 1 plan has the parking lot within 10 feet of the North Bicentennial Park property line without a green zone area. 4. Restrict night -time field usage to 9 pm for the 4 -Plex to protect the quiet enjoyment of the Southlake Estates single family residential properties and to maintain property values. 5. Allocate for greener tree buffer zones within the 340 space parking lot. The current 2007 Phase 1 plan requires 18 square feet per stall of landscaped areas throughout the parking lot as per Section 43.9.b.3.g_ Residential Adjacency Standards. Neighboring Contact Person: Claudia Pillow Telephone: 817 689 -5853 Owners Signature Name Street Address 1 Chr:'S CiAcAans 61S L.oQ a 44* en 7. le ce iVPJ 'Frorp G aueLi_ • 1 A.-f I( - (S - O t t Cownu ( ►wee /t Dear City Council Members: Below are names and addresses of Southlake residents who are unaware of the $30 million plus Bicentennial Park Master Plan, paid for with taxpayers' money, which includes: The $11 million Phase 1 project to build 4 more baseball fields and over 200 parking spaces at the expense of green areas, trails, and open space. Phase 1 is set to begin construction in 2009. Construction of a $14 million, 2000 seat minor league baseball stadium, which will be located at the corner of 1709 and Shady Oaks. The plans do not call for enough parking spaces if the stadium is filled to capacity. The plan does not include widening Shady Oaks Road. The citizens signed below are requesting more information and communication about this project before proceeding. Thank you. NAME ADDRESS IN SOUTHLAKE Ak3 GL a.► (� Ea5 00[ Dr 5c i4h 1oj<L ?6 ® �.. 1 . t bf3 Z- 2. Ma ut ki kileApv kit go a Di tob2.v Lake_ CA SO4N W r S f ci rn dr•_ , 6))^ ore-. 766. r . 151 C 1�2 z C G Qc S0c4ida1 4. 1� 4 L� Wry—) 5. PCD S Iv vG4) -7 - 4,,. 1 5 1 9 4/ ' - 7 7. ■'`� . t'a'i lG� , ■ 9. tv:ILIA-ItAk \-- t` 22 i - ivt vo) fc{cio 1 1 . 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