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Item 4A (2)CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: August 2, 2011 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Jeff Wang and Al Zito. CITY COUNCIL ABSENT Martin Schelling. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, 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 I Lorrie Fletcher, Planner II Richard Schell, Planner II Clayton Comstock, Chief of Fire Services Mike Starr, Interim Chief of Police Services Rusty Daniels, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Haphold, 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 4:45 p.m. 2. INVOCATION Mr. Zack Polyak with Southlake Baptist Church gave the invocation. Mayor Terrell led the pledge of allegiance. 3. DISCUSS ORDINANCE NO. 880 -B — REVISIONS TO CHAPTER 9.5 OF THE CITY OF SOUTHLAKE'S CITY CODE, ARTICLE IV — GAS AND OIL WELL DRILLING AND PRODUCTION. Director of Planning and Director Ken Baker provided Council with a comprehensive overview of proposed Ordinance No. 880 -B. Mr. Baker advised Council the proposed ordinance incorporated conditions of the special use permit requested by XTO, best management practices of other municipalities, procedural recommendations from staff and recommendations of legal counsel. Mr. Baker provided Council with an itemized REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 1 of 17 list of the proposed changes for their review and discussion. Mr. Baker informed Council that staff is seeking their input and recommendations on the proposed ordinance changes. Council and staff discussed the proposed changes and provided comments to Mr. Baker. In addition to their comments, Council asked staff to include the following for discussion at the next meeting: traffic study, tracer, review of insurance requirement, sound, setbacks, a comparison of Flower Mound's recently approved ordinance, and to review terminology to address inconsistencies throughout the ordinance. 4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. No action will be taken and each item will be considered during the Regular Session. Mayor Terrell read the consent agenda items. The consensus of Council was to move Item 9A —ZA11 -028 to the consent agenda for approval pursuant to stipulations by the Planning and Zoning Commission. Council member Al Zito advised that item 4A —June 21, 2011 City Council meeting minutes need to reflect that he was absent from the meeting. He also mentioned that he would abstain from Item 4A. REGULAR SESSION 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:31 p.m. 2A. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:31 p.m. Executive Session began at 6:52 p.m. and concluded at 8:15 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 8:27 p.m. and asked if any action was necessary from Executive Session. There was no action needed as result of Executive Session. REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 2 of 17 3. REPORTS A. Mayor's Report — Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. Mayor Terrell recognized and thanked Community Services for an outstanding event B. City Manager's Report — City Manager Shana Yelverton informed Council a copy of the quarterly review for the period ended June 30, 2011 was placed at their seat. The report, prepared by the Finance Department, includes a summary of the quarterly financial review, investment report, CIP project update and economic summary. 4. CONSENT AGENDA (Items 4A -0) 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 FROM THE JUNE 21, 2011 CITY COUNCIL MEETING The minutes were amended to reflect Council member Zito's absence from the meeting. Council member Zito abstained from voting on the minutes. 4B. RESOLUTION NO. 11 -033, APPOINT FIVE MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF SOUTHLAKE, TEXAS. Mayor John Terrell, Council members Al Zito and Jeff Wang and Carroll Independent School District representative Sherri Williams were appointed to the Board of Directors, terms expiring May 2013. Council member Martin Schelling was appointed to the Board of Directors to fulfill an unexpired term that expires May 2012. 4C. RESOLUTION NO. 11 -037, APPOINT A CHAIRMAN AND A VICE - CHAIRMAN FOR THE ZONING BOARD OF ADJUSTMENT. Mr. Laird Fairchild was appointed Chairman and Ms. Kate Smith was appointed Vice - Chairman. 4D. APPROVE A FACILITIES UTILIZATION AGREEMENT WITH DRAGON YOUTH FOOTBALL. REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 3 of 17 4E. APPROVE A LEASE AGREEMENT WITH THE SECRETARY OF ARMY, US ARMY CORPS OF ENGINEERS, FOR 448 ACRES OF LAND ADJACENT TO BOB JONES PARK. Director of Community Services Chris Tribble presented item to Council 4F. APPROVE A LEASE AGREEMENT WITH THE SECRETARY OF ARMY, US ARMY CORPS OF ENGINEERS, FOR 129.7 ACRES OF LAND ADJACENT TO BOB JONES PARK. Director of Community Services Chris Tribble presented item to Council 4G. APPROVE CHANGE ORDER NO. 15 WITH DEAN ELECTRIC, INC. IN THE AMOUNT OF $55,221.21 FOR BICENTENNIAL PARK PHASE I AND RATIFY CHANGE ORDER NOS. 1 -14, IN THE AMOUNT OF $230,847.06. 4H. APPROVE A CONTRACT RENEWAL WITH AETNA TO PROVIDE EMPLOYEE MEDICAL BENEFITS FOR PLAN YEAR OCTOBER 1, 2011 TO SEPTEMBER 30, 2012. 41. APPROVE A RENEWAL WITH UNITED HEALTHCARE TO PROVIDE EMPLOYEE DENTAL BENEFITS. 4J. CONSIDER SV11 -012, VARIANCE TO THE SOUTHLAKE TOWN SQUARE CONDITIONAL SIGN PERMIT FOR INSIGHT EQUITY LOCATED AT 1400 CIVIC PLACE, SUITE 250. 4K. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR WOODLAND HEIGHTS CONNECTOR IMPROVEMENTS FROM PROPERTY AT 205 WESTWOOD DRIVE IN THE AMOUNT OF $100,650. City Council removed this item from the consent agenda. 4L. ORDINANCE NO. 480 -4398, (ZA11 -027), 1 ST READING, ZONING CHANGE AND SITE /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK ON PROPERTY DESCRIBED AS LOTS 1R, 2R1 R, 3R, 5R1 AND 4R, BLOCK 5, CORNERSTONE BUSINESS PARK, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 305, 405, 415, 505 AND 515 SOUTH NOLEN DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 — GENERAL SITE PLAN DISTRICT. REQUESTED ZONING: S -P -2 — GENERAL SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. THIS ITEM HAS BEEN TABLED ADMINISTRATIVELY AND WILL BE READVERTISED. ONCE IT IS READVERTISED, IT WILL BE PLACED ON A FUTURE AGENDA. 4M. ORDINANCE NO. 480 -GGGG, 2 ND READING, BEING AN AMENDMENT TO ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 4of17 PERSONAL CARE FACILITIES, INCLUDING NURSING AND CARE HOMES. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE AUGUST 16, 2011 CITY COUNCIL MEETING. 4N. ORDINANCE NO. 1009, 1 ST READING, APPROVE CARROLL /1709 SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE AUGUST 16, 2011 CITY COUNCIL MEETING. 40. ORDINANCE NO. 1010, 1 ST READING, APPROVE CROOKED /KIMBALL SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE AUGUST 16, 2011 CITY COUNCIL MEETING. Mayor Terrell announced that Item 9A —ZA11 -028 would be moved to the consent agenda. A motion was made to approve the consent agenda as discussed by Council, to include amendment to the minutes and moving Item 9A, pursuant to the stipulations of the Planning and Zoning Commission to the consent agenda. (Council member Zito abstained from voting on the June 21, 2011 minutes). City Secretary Alicia Richardson conducted a roll call vote. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 4K. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR WOODLAND HEIGHTS CONNECTOR IMPROVEMENTS FROM PROPERTY AT 205 WESTWOOD DRIVE IN THE AMOUNT OF $100,650. APPROVED Mayor Terrell allowed comments from the public. Mr. Jonathan Minder, 205 Westwood Drive, asked Council to reconsider the amount offered for the right of way and easements. There was no one else wishing to speak on the item. A motion was made to approve Item 4K, subject to the instructions given to staff in Executive Session. REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 5 of 17 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one else wishing to speak, Mayor Terrell closed the public hearing. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ZA10 -058, CONCEPT PLAN FOR VILLAGE CENTER, PHASE I ON PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1, VILLAGE CENTER, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING CURRENTLY ADDRESSED AS 2110 AND 2140 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C -3 — GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING APPROVED Planner II Richard Schell presented item to Council. This item was presented in conjunction with item 6B. Mr. Schell informed Council the Planning and Zoning Commission approved the request by a vote of 7 -0, subject to the applicant providing a copy of an executed document that includes a party wall, reciprocal parking, cross access and maintenance agreements for the lots in Phase I, Village Center Addition and subject to concept plan review summary No. 2, dated July 13, 2011. Kroger representative Ms. Maria Buenas, 6750 Hillcrest Plaza Drive, Suite 325, Dallas, Texas was present to answer questions from Council. She informed Council that in addition to the agreements outlined by Mr. Schell; they also have an approved drainage agreement. Upon approval, the plat will be recorded with the separate instrument numbers. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Property owner representative Ms. Vicky Johnson, 1413 Gatlin Bird Circle, Desoto, Texas, was available to address questions from Council. Ms. Johnson confirmed the property owner is in agreement to provide cross access to the adjacent center. REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 6 of 17 There being no one else wising to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA10 -058, concept plan for Village Center, Phase pursuant to the concept plan review summary No. 2, dated July 13, 2011. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Morris, Terrell, Zito, Wang Nays: Muller Absent: Schelling Approved: 5 -1 6B. ZA10 -059, PLAT REVISION FOR LOTS 3R1 AND 3R2, BLOCK 1, VILLAGE CENTER, PHASE I BEING A REVISION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING CURRENTLY ADDRESSED AS 2110 AND 2140 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C -3 — GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #8. APPROVED This item was presented in conjunction with Item 6A. A motion was made to approve ZA10 -059, plat revision for Lots 3R1, and 3R2, Block 1, Village Center, Phase I, pursuant to the plat review summary No. 2, dated July 14, 2011. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 Mayor Terrell moved to Items 7C and 7D. 7C. ORDINANCE NO. 480 -607 (PREVIOUSLY ADVERTISED AS ORDINANCE NO. 480- 113A), (ZA11 -029), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR LOT 3, BLOCK 1, VILLAGE CENTER, PHASE I ON PROPERTY BEING LOCATED AT 2110 AND 2140 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C3 — GENERAL COMMERCIAL DISTRICT. REQUESTED ZONING: S -P -1 — DETAILED SITE PLAN DISTRICT WITH C3 — GENERAL COMMERCIAL DISTRICT USES. SPIN NEIGHBORHOOD #8. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON AUGUST 16, 2011.) REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 7 of 17 DENIED Planner II Richard Schell presented item to Council. This item was presented in conjunction with 7D. Mr. Schell informed Council Item 7D is being presented as an informational item and no action is required by Council. The Planning and Zoning Commission approved ZA11 -029 by a vote of 7 -0, subject to site plan review summary No. 2, dated July 15, 2011. Mr. Chuck Bell, 7720 Watson Drive, Plano, Texas, presented his request to Council. Council discussed the proposed use and the ability to limit the use to a tenant. City Attorney Allen Taylor informed Council they have the authority to limit the use to a tenant and that the use may also be limited to the length of the lease. Council member Wang advised that he has a legal question for the city attorney and requested the Council go into Executive Session. Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney. City Council adjourned for Executive Session at 9:22 p.m. Executive Session began at 9:25 p.m. and concluded at 9:31 p.m. Mayor Terrell reconvened the regular meeting at 9:35 p.m. A motion was made to deny Ordinance No. 480 -607, 1 St reading, zoning change and site plan for Lot 3, Block 1, Village Center, Phase I. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 7D. RESOLUTION NO. 11 -036 (ZA11 -030), SPECIFIC USE PERMIT FOR LOT 3, BLOCK 1, VILLAGE CENTER, PHASE I FOR CLOTHES MENTOR FOR THE PURPOSE OF SELLING USED MERCHANDISE ON PROPERTY BEING LOCATED AT 2110 AND 2140 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C3 — GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #8. (THIS IS A COMPANION ITEM FOR ORDINANCE 480 -113A (ZA11 -029) AND IS LISTED FOR PRESENTATION ONLY. ACTION ON THIS ITEM AND THE PUBLIC HEARING FOR THIS ITEM IS WILL BE HELD ON AUGUST 16, 2011.) NO ACTION REQUIRED REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 8 of 17 This item was presented in conjunction with item 7C. No action is required by Council. 6C. ORDINANCE NO. 480 -555A AND ORDINANCE NO. 480 -606 (ZA11 -015), 2ND READING, ZONING CHANGE AND CONCEPT /DEVELOPMENT PLAN FOR EAST HAVEN ADDITION ON PROPERTY DESCRIBED AS LOTS 7R1, 8R1, 8R2, 20R1, AND 21 R1, BLOCK 1, AND LOT 1 R1, BLOCK 2, EAST HAVEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 1170, 1166, 1160, 1150 AND 1140 HAVEN CIRCLE AND 1021 EAST CONTINENTAL BOULEVARD, SOUTHLAKE, TEXAS, RESPECTIVELY. CURRENT ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND SF -2 — SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #9. PUBLIC HEARING APPROVED Planner II Richard Schell presented item to Council and was available to answer questions from Council. The Planning and Zoning Commission approved the request by a vote of 4 -0, subject to the concept plan review summary No. 2, dated May 31, 2011. Applicant representative Otis Lee with Baird, Hampton and Brown, Engineers, 6300 Ridglea, Fort Worth, Texas, was present to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -555a and Ordinance No. 480 -606 (ZA11 -015), 2 nd reading, zoning change and concept /development plan for East Haven Addition. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -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 LEGALLY DESCRIBED AS LOTS REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 9 of 17 7R1, 8R1, 8R2, 20R1, 21 R1, BLOCK 1, EAST HAVEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.342 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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. 6D. ORDINANCE NO. 480 -509B (ZA11 -022), 2 ND READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR COTSWOLD VALLEY ON PROPERTY DESCRIBED AS COTSWOLD VALLEY, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2200 - 2244 COTSWOLD VALLEY COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #4. PUBLIC HEARING APPROVED Planner II Richard Schell presented item to Council. This item was presented in conjunction with item 6E. The Planning and Zoning Commission approved the request by a vote of 4 -0, subject to the staff report dated June 9, 2011. Applicant representatives Ralph Bush with Centurion American Development Group and Gary Ray with Ashton Wood Homes were available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve the second reading of Ordinance No. 480 -509b (ZA11- 022), pursuant to the staff report dated June 15, 2011. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Terrell, Zito, Wang Nays: Muller REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 10 of 17 Absent: Schelling Approved: 5 -1 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 COTSWOLD VALLEY, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS , BEING APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" 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. 6E. ZA11 -035, PLAT REVISION FOR ESTANCIA BEING A REVISION OF COTSWOLD VALLEY, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2200 - 2244 COTSWOLD VALLEY COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: R- PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #4. APPROVED This item was presented in conjunction with item 6D. A motion was made to approve ZA11 -035, plat revision for Estancia being a revision of Cotswold Valley, an addition to the City of Southlake, pursuant to plat review summary No. 2, dated July 15, 2011. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Terrell, Zito, Wang Nays: Muller Absent: Schelling REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 11 of 17 Approved: 5 -1 6F. ORDINANCE NO. 733 -B, 2 ND READING, APPROVE A SPEED LIMIT ORDINANCE AMENDING CHAPTER 18, SECTION 18 -80 OF THE SOUTHLAKE CITY CODE REVISING THE LOCATION OF SCHOOL CROSSING ZONES. PUBLIC HEARING APPROVED City Council did not require a presentation from staff. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 733 -B. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING SECTION 18 -80 OF THE SOUTHLAKE CITY CODE (1999), AS AMENDED BY REVISING THE LOCATION OF SCHOOL CROSSING ZONES WHICH HAVE A 20 MPH SPEED LIMIT, AND REVISING THE DESIGNATED HOURS OF THE SCHOOL ZONE; 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. 6G. ORDINANCE NO. 1008, 2 ND READING, APPROVE A SPEED LIMIT ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE SOUTHLAKE CITY CODE ESTABLISHING A NEW SPEED LIMIT ON A PORTION OF EAST KIRKWOOD BOULEVARD. PUBLIC HEARING APPROVED City Council did not require a presentation from staff. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 12 of 17 A motion was made to approve Ordinance No. 1008 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE SOUTHLAKE CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON TWO PORTIONS OF EAST KIRKWOOD BOULEVARD AND BLESSED WAY WITHIN THE CITY OF SOUTHLAKE; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; 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. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -605 (ZA10 -067), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR WATERMERE MEDICAL PLAZA ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SLAYTON ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2813 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: SF- 1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: 01 — OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. (IF APPROVED AT FIRST READING, A PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON AUGUST 16, 2011.) TABLED Planner II Clayton Comstock presented item to Council and was available to answer questions. Mr. Comstock's review included future land use designation, current zoning and proposed zoning for property, site plan, elevation plan, and landscape plan. Mr. Comstock outlined the variances requested by the applicant. The Planning and Zoning Commission approved the request by a vote of 4 -0, noting the applicant's willingness to work with City Council on reducing the setbacks and buffer yards along the western boundary to possibly 5 -feet in order to allow more parking spaces; granting the requested variances and subject to site plan review summary No. 3, dated June 2, 2011. REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 13 of 17 Mr. Skip Blake, representative for the applicant, presented the request to Council and was available to answer questions. Council expressed their concern with the proposed development. They informed the applicant they prefer the building face Watermere Drive. Council recommended the applicant work with their neighbors to the west to address access to the property. Mr. Blake requested that Council table the item for two weeks in order to provide time to speak to the owners of Watermere. A motion was made to table Ordinance No. 480 -605 (ZA10 -067) to the August 16, 2011 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 7B. ORDINANCE NO. 480 -497A (ZA11 -025), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL CROSSING ON PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 11132, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2171, 2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK DISTRICT. REQUESTED ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON AUGUST 16, 2011.) APPROVED Planner II Clayton Comstock presented item to Council and was available to answer questions. Mr. Comstock's review included future land use designation, current zoning, current site plan, proposed site plan, building elevations, tree conservation plan, landscape plan, technical landscape plan, tree mitigation and requested variances. The Planning and Zoning Commission approved the request by a vote of 7 -0, granting variances to the driveway ordinance regarding stacking and spacing; subject to the applicant's willingness to provide an access stub to the property to the west near the southern portion of the site; subject to the applicant striping said access stub with parking stalls until such time the adjoining property wishes to connect; and subject to site plan review summary No. 3, dated July 15, 2011. Council inquired about the cement sidewalk connectivity between the applicant's site and the Ethan Allen property. Director of Planning and Development Ken Baker REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 14 of 17 informed Council that staff would research item and provide an update at the August 16, 2011 meeting. Mr. Evan Beattie of Good Fulton & Farrell Architects and Ms. Christi Hammons of Greenway Investment presented their request to Council. In response to Council member Wang's question, Mr. Beattie advised Council the property owner is amendable to removing one parking space next to each driveway. Council discussed the proposed concept plan and building elevations. Council asked the applicant to provide an enhanced concept plan and building elevations that depict what the applicant proposes to build at the location. Mr. Beattie agreed to work with staff to provide an enhanced concept plan and building elevations. A motion was made to approve Ordinance No. 480 -497a (ZA11 -025), 1 St reading, zoning change and site plan for Kimball Crossing, approving the three variances to Driveway Ordinance No. 634 —(1) driveway stacking, (2) driveway spacing between intersections, and (3) driveway spacing between right -in- right -out driveways; applicant will remove the easterly parking spots immediately to the north of the building and on the Southlake Boulevard (FM 1709) side of the parking field; applicant will come forth at the 2 nd reading on the site plan showing their proposed delineated dining areas; applicant will offer a color palette and architectural design features, possibly including trellises and shade structures that would be incorporated as part of those dining areas shown on the site plan; applicant will show shrubbery and screening for the transformer located on the southeast corner of the building; applicant will specifically address the architectural features along the southern back border of the building and also on the east and west elevations possibly showing faux window features or architectural elements that otherwise reduce the plain appearance of the elevations; applicant will also add a stone wainscoting feature on the masonry stucco portions of the building elevations facing the north; applicant will further show design flexibility for the sidewalk dealing with berms on the northern boundary of the parking; applicant will offer connectivity as recommended by the Planning and Zoning Commission on the southwest corner of the property to the Ethan Allen property; and pursuant to the site plan review summary No. 3, dated July 15, 2011. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 7C. ORDINANCE NO. 480 -607 (PREVIOUSLY ADVERTISED AS ORDINANCE NO. 480- 113A), (ZA11 -029), 1 ST READING, ZONING CHANGE AND SITE REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 15 of 17 PLAN FOR LOT 3, BLOCK 1, VILLAGE CENTER, PHASE I ON PROPERTY BEING LOCATED AT 2110 AND 2140 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C3 – GENERAL COMMERCIAL DISTRICT. REQUESTED ZONING: S -P -1 – DETAILED SITE PLAN DISTRICT WITH C3 – GENERAL COMMERCIAL DISTRICT USES. SPIN NEIGHBORHOOD #8. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BEHELD ON AUGUST 16, 2011.) DENIED Council considered and took action on this item earlier in the meeting. 7D. RESOLUTION NO. 11 -036 (ZA11 -030), SPECIFIC USE PERMIT FOR LOT 3, BLOCK 1, VILLAGE CENTER, PHASE I FOR CLOTHES MENTOR FOR THE PURPOSE OF SELLING USED MERCHANDISE ON PROPERTY BEING LOCATED AT 2110 AND 2140 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C3 – GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #8. (THIS IS A COMPANION ITEM FOR ORDINANCE 480 -113A (ZA11 -029) AND IS LISTED FOR PRESENTATION ONLY. ACTION ON THIS ITEM AND THE PUBLIC HEARING FOR THIS ITEM IS WILL BEHELD ON AUGUST 16, 2011.) NO ACTION TAKEN — COMPANION ITEM TO 7C No action required by Council. 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: 9A. ZA11 -028, PLAT SHOWING FOR LOTS 8 AND 9, J. THORNHILL NO. 1505 ADDITION ON PROPERTY DESCRIBED AS TRACT 1G, JAMES THORNHILL SURVEY, ABSTRACT NO. 1505, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 801 SOUTH PEYTONVILLE AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: SF -1A – SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #10. APPROVED This item considered and approved with the consent agenda. 9B. APPROVE A MARKET ADJUSTMENT TO THE CITY OF SOUTHLAKE EMPLOYEE COMPENSATION PROGRAM. APPROVED Director of Finance Sharen Jackon and Director of Human Resources Stacey Black summarized item for Council and were available to answer questions. REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 16 of 17 A motion was made to approve a market adjustment to the City of Southlake employee compensation program as proposed in the presentation. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Zito, Wang Nays: None Absent: Schelling Approved: 6 -0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 12:59 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, August 2, 2011 Page 17 of 17