2012-02-07 13 CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: February 7, 2012
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, Martin
Schelling, Jeff Wang, and Al Zito.
CITY COUNCIL ABSENT: None
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of
Public Safety Jim Blagg, Communication and Websites Manager Pilar Schank, Deputy
Director of Community Services Kari Happold, Deputy Director of Community
Services /Librarian Kerry McGeath, Assistant to the Director Candice Edmondson,
Director of Economic Development Greg Last, Marketing & Tourism Manager Jill Lind,
Director of Finance Sharen Jackson, Chief of Fire Services Mike Starr, Director of
Human Resources Stacey Black, Director of Information Technology Dale Dean, Teen
Court Coordinator Kristin White, Director of Planning and Development Services Ken
Baker, Planner I Lorrie Fletcher, Chief of Police Steve Mylett, Assistant to the Director /
Emergency Management Coordinator Kyle Taylor, Director of Public Works Bob Price,
Deputy Director of Public Works Gordon Mayer, 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 5:33 p.m.
2. INVOCATION
Mr. Nick Billardello with Abiding Grace gave the invocation.
Mayor for a Day winner Meredith Clifford led the pledge of allegiance.
Mayor Terrell moved to item 4.
4. PROCLAMATION - YOUTH FLAG FOOTBALL CHAMPIONS
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Page 1 of 17
Mayor Terrell recognized the Southlake Cobras for capturing the Texas Amateur
Athletic Federation 10 and under flag football state championship. Mayor Terrell
presented the coaches and team members with a proclamation.
3. RECOGNIZE LEADERSHIP SOUTHLAKE
Mayor Terrell recognized members of Leadership Southlake Class of 2012. The class
was present to observe the Council meeting as part of their leadership class —city
history and government.
4. PROCLAMATION - YOUTH FLAG FOOTBALL CHAMPIONS
This item was discussed earlier in the meeting.
5. SOUTHLAKE SISTER CITIES PRESENTATION
Ms. Kiko Ekstrom, Vice - President of Southlake Sister Cities, provided Council with a
brief presentation on the organization's recent activities and accomplishments. Ms.
Ekstrom announced a student delegation from Tome, Japan will be in Southlake
between March 23 and March 27.
6. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:15
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; and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:16 p.m. Executive Session began at 6:31 p.m. and concluded at
6:56 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:05 p.m. and asked if any action was
necessary from Executive Session. There was no action needed as result of Executive
Session.
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3. REPORTS
A. Mayor's Report —
Update of upcoming meetings and events
Mayor Terrell announced the upcoming meetings and events.
B. City Manager's Report —
Safety Awareness Month
Assistant to the Director / Emergency Management Coordinator Kyle Taylor presented
item.
4. CONSENT AGENDA (Items 4A -L) 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 MINUTES FROM THE JANUARY 17, 2012 CITY COUNCIL
MEETING.
4B. AWARD CONSTRUCTION CONTRACT FOR TW KING 30 -INCH WATER
SUPPLY LINE AND METER STATION TO CIRCLE C CONSTRUCTION IN
THE AMOUNT OF $6,739,020.
At Council's request, Director of Public Works Bob Price presented item.
4C. RESOLUTION NO. 12 -012, APPROVE AN INTERLOCAL AGREEMENT AND
LICENSE AGREEMENT WITH THE TOWN OF WESTLAKE FOR THE
INSTALLATION AND OPERATION OF TW KING 30 -INCH WATER
TRANSMISSION LINE WITHIN TOWN OF WESTLAKE RIGHT -OF -WAY
ADJACENT TO FM 1938.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING AN INTERLOCAL AGREEMENT AND LICENSE AGREEMENT WITH
THE TOWN OF WESTLAKE FOR THE INSTALLATION AND OPERATION OF TW
KING 30" WATERLINE WITHIN TOWN OF WESTLAKE RIGHT OF WAY ADJACENT
TO FM 1938.
4D. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
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4E. APPROVE AUDIO UPGRADE PROJECT FOR COUNCIL CHAMBERS IN THE
AMOUNT OF $57,358.65 TO DIGITIAL RESOURCES INC.
4F. APPROVE THE PURCHASE TO TYLER TECHNOLOGIES FOR SUPPORT
AND MAINTENANCE OF THE MUNIS APPLICATION IN THE AMOUNT OF
$67,914.51.
4G. APPROVE PERMIT FROM THE SOUTHLAKE ARTS COUNCIL, APEX ARTS
LEAGUE, ART IN THE SQUARE AND SOUTHLAKE PUBLIC LIBRARY TO
ALLOW THE DISPLAY OF "WINTER ART IN TOWN HALL" ART EXHIBIT IN
TOWN HALL LOBBY FROM FEBRUARY 17 — APRIL 16, 2012 AND TO HOLD
AN ART GALLERY RECEPTION FEBRUARY 19, 2012.
4H. RESOLUTION NO. 12 -011, APPOINT A MUNICIPAL COURT CLERK AND
PROVIDING AN EFFECTIVE DATE.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING A MUNICIPAL COURT CLERK AND PROVIDING AN EFFECTIVE DATE.
41. ORDINANCE NO. 480 -534B, 1 READING, (ZA11 -070), ZONING CHANGE
AND DEVELOPMENT PLAN ON PROPERTY DESCRIBED AS WINFIELD
ESTATES, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; AND LOCATED AT 1000 — 1033 WINFIELD COURT,
SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: R -PUD
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN
NEIGHBORHOOD #3. (IF APPROVED AT FIRST READING, A PUBLIC
HEARING WILL BE HELD FEBRUARY 21, 2012.)
4J. RESOLUTION NO. 11 -031 (ZA11 -016), SPECIFIC USE PERMIT FOR A
TELECOMMUNICATIONS TOWER ON PROPERTY DESCRIBED AS TRACT
1G, H. GRANBERRY SURVEY, ABSTRACT NO. 581, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND BEING LOCATED AT 620 SOUTH WHITE
CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: AG —
AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD #10. (THIS ITEM WAS
TABLED AT THE JUNE 21, 2011 MEETING.) THE APPLICANT IS
REQUESTING TO TABLE THIS ITEM TO THE JUNE 5, 2012 MEETING.
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4K. ORDINANCE NO. 1017 (CP11 -001), 1 READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO OFFICE
COMMERCIAL ON PROPERTY DESCRIBED AS TRACTS 2C26 AND 2C27,
J.G. ALLEN SURVEY, ABSTRACT NO. 18 SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 180 AND 190 JELLICO CIRCLE,
SOUTHLAKE, TEXAS. CURRENT ZONING: SF -1A - SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT. PROPOSED ZONING: 01 - OFFICE
ZONING DISTRICT. SPIN NEIGHBORHOOD #11. (THIS ITEM WAS TABLED
AT THE DECEMBER 6, 2011 AND JANUARY 17, 2012 MEETINGS.) THE
APPLICANT IS REQUESTING TO TABLE THIS ITEM TO THE FEBRUARY 21,
2012 CITY COUNCIL MEETING.
4L. ORDINANCE NO. 480 -612 (ZA11 -037), 1 READING, ZONING CHANGE AND
SITE PLAN FOR JELLICO CHASE OFFICE PARK ON PROPERTY
DESCRIBED AS TRACTS 2C26 AND 2C27, J.G. ALLEN SURVEY,
ABSTRACT NO. 18, SOUTHLAKE, TARRANT COUNTY, TEXAS AND
LOCATED AT 180 AND 190 JELLICO CIRCLE, SOUTHLAKE, TEXAS.
CURRENT ZONING: SF -1A - SINGLE FAMILY RESIDENTIAL ZONING
DISTRICT. REQUESTED ZONING: 01 - OFFICE ZONING DISTRICT. SPIN
NEIGHBORHOOD #11. (THIS ITEM WAS TABLED AT THE DECEMBER 6,
2011 AND JANUARY 17, 2012 MEETINGS.) THE APPLICANT IS
REQUESTING TO TABLE THIS ITEM TO THE FEBRUARY 21, 2012 CITY
COUNCIL MEETING.
A motion was made to approve the consent agenda.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum and asked for anyone wishing to speak to come
forward. There being no one wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
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6A. ORDINANCE NO. 480 -614 (ZA11 -061), 2 READING, ZONING CHANGE AND
DEVELOPMENT PLAN FOR WINDING CREEK ON PROPERTY DESCRIBED
AS TRACTS 4, 4D01, 4E, 4E01, 4F AND PORTIONS OF TRACTS 4D AND 4G,
OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND CURRENTLY ADDRESSED AS 400, 430,
450, 480, 500 AND 540 SOUTH CARROLL AVENUE AND 1001 EAST
SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: AG
– AGRICULTURAL DISTRICT. REQUESTED ZONING: R -PUD –
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN
NEIGHBORHOOD #9. THIS ITEM WAS TABLED BY THE CITY COUNCIL AT
THEIR JANUARY 17, 2012 MEETING. THE PUBLIC HEARING WAS
CONDUCTED ON JANUARY 17, 2012.
APPROVED
Director of Planning and Development Services Ken Baker presented items 6A and 6B.
Mr. Baker's presentation included the applicant's summary of agreements for the
development, development plan from second reading, tree conservation analysis, traffic
impact analysis, and proposed preliminary plat. The Planning and Zoning Commission,
at their December 8, 2011 meeting, approved request 5 -0; noting the applicant's
willingness to put up an eight (8) foot board on board fence along the west property
boundary at the onset of the development of the project and subject to development
plan review summary No. 2, dated December 1, 2011. The City Council, at their
January 3, 2012 meeting, approved the request by a vote of 7 -0; subject to the following
stipulations: funds for the Zena Rucker portion of the property that abuts the north side
will be placed in escrow by month 36 for its portion of the right -of -way acquisition for
completion of that roadway; there will be appropriate roundabout dedication for the
Zena Rucker roundabout located at the northwest corner of the property; fencing on the
northwest corner will be comprised of wrought iron with cedar slats along the western
boundary for Lots 1, 2 and 3; as indicated in the site plan summary there is a stone
fence that is along Zena Rucker Road and then beginning along the two -acre "notch
out" in the northeast corner of the parkway continuing with the same cedar and wrought
iron fencing (Lots 5 -12); applicant to keep the existing stone walls and hardscaping in
place and also inspect the same for safety to determine any needed repairs going
forward in the development; the southwest corner of the property for the indicated trail
plan into the adjacent property located to the west is proposed to stop at the existing
street and funds to be escrowed for the remaining portion to the property located to the
southwest in the event it is developed in the future; applicant will come forward at the
public hearing with more detail on the primary entrances —along the north side of the
property at Zena Rucker, primary entrance along Carroll and secondary entrance along
the south portion of Carroll; show more landscaping detail for the buffer along the
southeastern portion of the property between Carroll and the proposed street;
applicant's representation for garages facing the street would be behind the primary
building line and applicant will provide clarification and location of such garages at the
next meeting; and subject to the development plan review summary No. 3, dated
December 27, 2011.
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Director of Public Works Bob Price presented the result of the traffic impact analysis.
Council, staff and applicant discussed the study.
Applicant representative Paul Spain presented item and was available to answer
questions.
Mayor Terrell announced that he received comments cards from the public. Mayor
Terrell reopened the public hearing to receive public comments.
Mr. Mark Kotter, 406 Edgemont Drive, and Craig Smith, 1303 Forest Hills Court, spoke
in opposition.
Ms. Debra Edmondson, 1730 Tuscan Ridge Circle, spoke on behalf of Ms. Zena Rucker
(adjacent property owner to the west). Ms. Edmondson noted for the record that Ms.
Rucker has concerns with the development and how it will affect her property. Ms.
Rucker sent a letter to City Council, dated January 24, 2012 that outlined five items she
asked of the developer in exchange for her support of the request. The items included:
(1) constructing a wooden fence, along the western boundary; (2) eliminating the most
southwesterly lot (Lot 3, Block 1); (3) construct a paved access drive on a recorded
access easement from the most southwesterly lot; (4) construct a gate across the
access drive that would be located at the edge of the property that would be controlled
by Ms. Rucker; and (5) resolve drainage over the existing Rucker drive. Ms.
Edmondson stated that Mr. Spain, at the last Council meeting, verbally committed to
Item 2, but has since withdrawn willingness to eliminate the lot. Ms. Edmondson
commented that Ms. Rucker has dropped her request for Item 5.
Ms. Zena Rucker, 650 S. Carroll Avenue, spoke about drainage problems on her
property from adjacent developments located north of her property. Ms. Rucker
informed Council she would like another exit.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
Mr. Spain addressed comments made by Ms. Rucker and Ms. Edmondson. Mr. Spain
informed Council that he visited with neighbors surrounding the development. Ms.
Rucker informed him that she did not want a house directly behind her residence. In
response to Ms. Rucker's request, the lot has remained empty and identified as open
space. He also placed a buffer along most the entire south end of the property. He
does not think it is appropriate to eliminate a lot behind the airplane hangar. He agreed
to the trail going through for emergency access easement. Mr. Spain informed Council
he would pave the road as a driveway with the intent for emergency access.
Council and applicant discussed the trail, funds to be escrowed for the trail and when
the trail would be constructed.
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Mayor Terrell asked Ms. Rucker or Ms. Edmondson to clarify their position. Ms.
Edmondson reiterated the four items that Ms. Rucker has asked from the developer.
Ms. Edmondson clarified that the flow rates for the drainage calculations would be at the
higher number.
Mr. Spain agreed to item 1 and advised if Ms. Rucker removed her opposition or
remained neutral on the development that he would agree to items 3 and 4.
Mayor Terrell informed applicant and Ms. Rucker that Council would recess the meeting
to allow them to revisit item 2— elimination of the most southwesterly lot (Lot 3, Block 2).
Ms. Rucker commented that she would remove her opposition if applicant does not
build on southwesterly lot.
Mayor Terrell recessed the meeting at 8:07 p.m.
Mayor Terrell reconvened the meeting at 8:17 p.m., with the same members present.
Ms. Edmondson informed Council that she and Ms. Rucker visited with the developer.
They agreed to an automatic gate with wrought iron and board on board slats; as
described in Ms. Rucker's letter dated January 24, 2012, both agreed to metal posts
with the finished side facing Ms. Rucker's property. The fence will be made of cedar
and installed in a board on board style with a cap. The maintenance of the fence will be
the responsibility of the Winding Creek homeowners association, and not the individual
lot owner. The emergency access easement will be a recorded access easement,
noting that the access easement will cease when the Rucker property goes away.
Lastly, on Lot 3, Block 1, there is agreement that developer will construct a single -story
home during the last phase of the development. Ms. Rucker would remove her
opposition with the above - mentioned agreements.
A motion was made to approve ZA11 -061, the zoning change and development plan for
Winding Creek with the following stipulations: applicant's immediate funding of the
impact fees from the 74 lots; provide an 8 -foot stained wood fence, which is more
appropriately described in Exhibit F, page 14 and item 1 in the staff report, dated
February 7, 2012; provide an automated gate (wrought iron and wood slats) solid
impervious and controlled by homeowner for their use and enjoyment; paved drive for
access to the southwest homeowner for continuous use, which will be a recorded
easement agreement that will remain in place as long as the adjacent residency is in
place; separate trail adjacent to the access drive will have escrowed funds, trail will be
completed at a later date and at such time there is a tie into the southwest property,
which will be determined by the city; provide landscaping along access drive on the
western portion of the access drive as presented this evening; garage arrangement as
presented will have a gate on all drives leading to a front facing garage; minimum house
size will be 3,500 square foot of livable space; funds will be escrowed for adjacent
portion of Zena Rucker Road for the sidewalk leading to the Rucker property in the
southwest corner of the property, as well as the 8 -foot trail along Carroll Avenue —from
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Page 8 of 17
the Carroll pond to the northern boundary provided that the northern trail along Block 5
will be 4 -foot and built during Phase I; preserve majority of existing stonework built by
Mr. Prade, subject to soundness and safety evaluation and restoration to the extent
necessary, to include the fence along the eastern border on Carroll Avenue; construct a
stone masonry wall along Carroll Avenue and Zena Rucker Road frontages at the
entries as presented; all garage doors will be made of decorative cedar with no more
than three stain colors; all trails within open space shall be contained within access
easements; dedication of five head -in parking places for the City of Southlake public
park; deed restrictions will be comparable to those of Estes Park and Shady Oaks;
utilize renderings of entrance that were presented from previous meeting; include
conditions that were provided in the first reading of the ordinance; and limiting Lot 3,
Block 1 to a single -story building, which will be built during the last phase of the
development.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, 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 LEGALLY DESCRIBED AS
TRACTS 4, 4D01, 4E, 4E01, 4F AND PORTIONS OF TRACTS 4D AND 4G, OBEDIAH
W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 46.65 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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.
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6B. PRELIMINARY PLAT FOR WINDING CREEK ADDITION (ZA11 -062) ON
PROPERTY DESCRIBED AS TRACTS 4, 4D01, 4E, 4E01, 4F AND PORTIONS
OF TRACTS 4D AND 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO.
899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND CURRENTLY
ADDRESSED AS 400, 430, 450, 480, 500 AND 540 SOUTH CARROLL
AVENUE AND 1001 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE,
TEXAS. CURRENT ZONING: AG — AGRICULTURAL DISTRICT. SPIN
NEIGHBORHOOD #9. THIS ITEM WAS TABLED BY THE CITY COUNCIL AT
THEIR JANUARY 17, 2012 MEETING.
APPROVED
Director of Planning and Development Services Ken Baker presented this item in
conjunction with item 6A.
A motion was made to approve Item 6B, preliminary plat for Winding Creek Addition,
otherwise known as ZA11 -062; subject to the plat review summary No. 2, dated
December 1, 2011.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
6C. ORDINANCE NO. 480 -615 (ZA11 -060), 2 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 LOT 1, BLOCK 2, WATERMERE AT
SOUTHLAKE ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND
LOCATED AT 2813 AND 2815 WEST SOUTHLAKE BOULEVARD,
SOUTHLAKE, TEXAS. CURRENT ZONING: SF -1A — SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT. REQUESTED ZONING: 01 — OFFICE
ZONING DISTRICT. SPIN NEIGHBORHOOD #11. THE APPLICANT
REQUESTED TO INDEFINITELY TABLE THIS ITEM AT THE NOVEMBER 1,
2011 CITY COUNCIL MEETING. PREVIOUSLY THIS ITEM WAS TABLED AT
THE AUGUST 2, AUGUST 16, SEPTEMBER 6, SEPTEMBER 20, AND
OCTOBER 4, 2011 CITY COUNCIL MEETINGS. PUBLIC HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented item. Mr. Baker's
presentation included applicant's original request, future land use designation and
existing land use, current zoning, aerials of property, site data summary, variance
requests, site plan, building elevations, tree preservation plan, and landscape plan. The
Planning and Zoning Commission, at their January 5, 2012 meeting, approved the
request by a vote of 7 -0, with the requested variances; noting the right to have an 8 -foot
fence put into place in accordance with the zoning in the event the property to the west
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Page 10 of 17
is developed residential; subject to the staff report dated December 28, 2011 and staff
review summary dated December 30, 2011.
Applicant representative Skip Blake was available to answer questions from Council.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak 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 -615, 2nd reading, zoning change and
site plan for Watermere Medical Plaza; granting the easements regarding screening and
fencing in Sections 39.6(a) and 39.2(b); granting the variance to the Tree Preservation
Ordinance No. 585 -D, allowing applicant to preserve approximately 42% of the trees;
granting variance to Section 43.13.8 of the Zoning Ordinance, Overlay Zones; and
granting the 10% variance to Section 35 of the Zoning Ordinance, Off - Street Parking;
subject to revised review summary No. 2, dated January 11, 2012; and including
Planning and Zoning's recommendation for construction of 8 -foot fence in the event
property to the west is developed residential.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, 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 1, BLOCK
1, SLAYTON ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOT 1,
BLOCK 2, WATERMERE AT SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 3.0256 ACRES AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE - FAMILY RESIDENTIAL
DISTRICT TO "0-1" OFFICE 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
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Page 11 of 17
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
6D. RESOLUTION NO. 12 -008 (ZA11 -072), SPECIFIC USE PERMIT TO ALLOW A
MASS GATHERING FOR ART IN THE SQUARE ON PROPERTY DESCRIBED
AS SOUTHLAKE TOWN SQUARE, PHASE I, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT THE
NORTHEAST CORNER OF CARROLL AVENUE AND EAST SOUTHLAKE
BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: DT — DOWNTOWN
DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING
APPROVED
Planner II Lorrie Fletcher presented items 6D and 6E and was available to answer
questions from Council.
Applicant representative Samantha Munns was available to answer questions from
Council.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Terrell closed the public
hearing.
A motion was made to approve Resolution No. 12 -008, a specific use permit to allow for
a mass gathering for Art in the Square; providing for a modification to the fun zone and
having it relocated to Block 1 near the northeast intersection from East Southlake
Boulevard and North Carroll Avenue to the parking area directly across from U.S. Post
Office at the southwest corner of Prospect and State Street; pursuant to staff review
summary dated January 13, 2012; and that the specific use permit is approved for
perpetuity.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, 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:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR THE RE-
LOCATION OF THE CHILDREN'S FUN ZONE DURING ART IN THE SQUARE ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED NEAR THE
NORTHEAST CORNER OF THE INTERSECTION OF EAST SOUTHLAKE BOULEVARD AND
NORTH CARROLL AVENUE, BEING DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE
I, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON
REGULAR CITY COUNCIL MEETING MINUTES, February 7, 2012
Page 12 of 17
THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
6E. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH
SOUTHLAKE WOMEN'S CLUB FOR THE 2012 ART IN THE SQUARE EVENT.
APPROVED
This item was presented in conjunction with Item 6D.
A motion was made to approve the community events participation agreement with
Southlake Women's Club for the 2012 Art in the Square event to provide final funding
based on actual costs incurred, in an amount not to exceed $7,853.56, which is 50% of
the estimated costs; and noting Southlake Women's Club being responsible for
damages.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
6F. RESOLUTION NO. 12 -009 (ZA11 -074), SPECIFIC USE PERMIT TO ALLOW A
MASS GATHERING FOR SHOWCASE IN THE SQUARE ON PROPERTY
DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT
THE NORTHEAST CORNER OF CARROLL AVENUE AND EAST
SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: DT —
DOWNTOWN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING
APPROVED
Planner II Lorrie Fletcher presented items 6F and 6G and was available to answer
questions.
Applicant representative Ms. Rhonda Shock was available to answer questions from
Council.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Terrell closed the public
hearing.
A motion was made to approve Resolution No. 12 -009, a specific use permit to allow for
the Showcase in the Square for a period of three years, and subject to the staff report
dated February 1, 2012.
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Page 13 of 17
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, 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:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR THE
SHOWCASE IN THE SQUARE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED NEAR THE NORTHEAST CORNER OF THE INTERSECTION OF EAST
SOUTHLAKE BOULEVARD AND NORTH CARROLL AVENUE, BEING DESCRIBED AS
SOUTHLAKE TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
6G. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH
APEX ARTS LEAGUE AND CROSSMAN WORLD CLASS DRUM CORPS FOR
THE 2012 SHOWCASE IN THE SQUARE EVENT.
APPROVED
This item was presented in conjunction with Item 6F.
A motion was made to approve a community events participation agreement with Apex
Arts League and Crossman World Class Drum Corps for the 2012 Showcase in the
Square event; funding to be based on actual costs incurred, not to exceed $578.89,
which is 50% of the estimated costs; and noting applicant being responsible for
damages.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Mayor Terrell recessed the meeting at 9:14 p.m.
Mayor Terrell reconvened the meeting at 9:21 p.m., with the same members present.
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6H. RESOLUTION NO. 12 -010 (ZAl2 -005), SPECIFIC USE PERMIT TO ALLOW A
TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES AT KROGER
FOOD STORE #512 FOR VALENTINE'S FLOWERS AND GIFTS ON
PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1, VILLAGE CENTER
ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
LOCATED AT 2110 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS.
CURRENT ZONING: C -3 — GENERAL COMMERCIAL ZONING DISTRICT.
SPIN NEIGHBORHOOD #8. PUBLIC HEARING
APPROVED
Planner II Lorrie Fletcher presented item and was available to answer questions from
Council.
Applicant representatives Nicholas Kauffman and Mr. Holstein were available to answer
questions.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Terrell closed the public
hearing.
A motion was made to approve Resolution No. 12 -010, a specific use permit to allow a
tent for the purpose of providing retail sales at Kroger food store for a period of three
years, subject to the staff report dated January 26, 2012.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Schelling, Terrell, Wang, Zito
Nays: Muller
Approved: 6 -1
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 TO ALLOW A TENT FOR THE PURPOSE OF
PROMOTING RETAIL SALES LOCATED IN THE CENTRAL PARKING AREA OF THE
VILLAGE CENTER SHOPPING CENTER AT 2110 EAST SOUTHLAKE BOULEVARD, BEING
LEGALLY DESCRIBED AS LOT 3, BLOCK 1, VILLAGE CENTER ADDITION, MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED
SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA.)
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.)
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9. OTHER ITEMS FOR CONSIDERATION:
9A. MSP11 -004, MASTER SIGN PLAN FOR KIMBALL CROSSING LOCATED AT
2175 EAST SOUTHLAKE BOULEVARD. AT THE REQUEST OF THE
APPLICANT, THIS ITEM WAS TABLED BY THE CITY COUNCIL AT THEIR
JANUARY 17, 2012 MEETING.
APPROVED
Planner I Lorrie Fletcher presented item for Council. Ms. Fletcher's presentation
included aerial views; proposed design standards; front elevation rendering depicting
the proposed design standards; and Ethan Allen's approved variance to allow maximum
letter height of 30 inches.
Council and staff discussed the applicant's request and if the development required a
master sign plan. Mr. Baker informed Council there is no minimum size requirement to
apply for a master sign plan.
Applicant representative Thomas Glending with Greenway Investment Company
presented item to Council. Mr. Glending provided a rendering for their proposed
tenant's sign depicting how the sign would look under the current sign ordinance and as
proposed in the master sign plan.
Council, staff and applicant discussed the request. Council expressed concern with not
having conceptual plans to see the final size of signage placed at the development.
The consensus of Council was to approve signage case -by -case. Council also agreed
that the monument sign would have seven panels with white background and choice of
unique branding for each business. Council asked that the address numbers be a
height of 8 inches.
A motion was made to MSP11 -004, noting approval is only for the following: monument
sign with seven panels that will have a white background; address numbers will be 8
inches in height; western end cap for the proposed Zoe's face, approving the 30 -inch
letter height and the drawings as illustrated including the accent marks above the Zoe
logo; the overall sign package, and specifically a black awning around Zoe's space; and
approving burnt orange background as presented in the application.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Morris, Schelling, Terrell, Wang
Nays: Muller, Zito
Approved: 5 -2
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
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11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 10:32 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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Jo n Terrell
Mayor
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Alicia Richardson iol
City Secretary -
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