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2006-01-03 , , OFFICIAL RECORD CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 3.2006 LOCATION: 1400 Main Street, South1ake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland, Deputy Mayor Pro Tern Carolyn Morris; and Counci1members Gregory Jones (arrived at 6:11 p.rn.), Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: Counci1member Laura K. Hill. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Office Manager/Pub1ic Information Officer Kim Bush, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Parks Supervisor Mike Reasoner, Parks Project Coordinator Julie Dove, Crew Leader Andy Alvarado, Crew Leader Shane Cloud, Park Maintenance Worker Ruben Alvarado, Park Maintenance Worker Mike Grigsby, Park Maintenance Worker Brian Hulsey, Park Maintenance Worker Johnny Lopez, Park Maintenance Worker Ado1fo Paz, Park Maintenance Worker David Tuberville, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Lieutenant Shawn Fannan, Engineer Marshall Urb ano sky, Firefighter Shan Allsbrooks, Firefighter Christopher Lillie, Firefighter Jason Wise, Public Safety Officer Steve Morton, Interim Director of Public Works Charlie Thomas, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:34 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: 7 A to table to the January 17, 2006, City Council meeting; lOB and 10C. The work session ended at 6:48 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor Wambsganss at 6:48 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 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 6:48 p.m. Executive Session began at 7:03 p.m. and ended at 7:44 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 1 of 10 Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:47 p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. Motion was made to authorize the Mayor, in the name of and on behalf of the City of Southlake, to convey to Hopkins Commercial Real Estate, Inc., or its assigns, that certain property located at the northeast comer ofF.M. 1709 and Pearson Lane also known as Lot 13, Block 3R, Cimarron Acres Addition, to the City of Southlake, Tarrant County, Texas, and to execute any and all documents necessary or desirable to effectuate the ongoing conveyance and to carry out the purpose thereof. Motion: Morris Second: Terrell Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No.3. Invocation. The invocation was given by Coy Quesenbury of Lonesome Dove Baptist Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 4Al. Proclamation for 50th Anniversary of Southlake. Mayor Wambsganss presented a proclamation to 50th Anniversary Committee Co-Chair, Lou Ann Heath. Agenda Item No. 4A2. Department of Public Safety Life Saving Award presentation and proclamation. Mayor Wambsganss introduced Chief Finn who presented a proclamation to City employees Mike Grisby and David Tuberville for their extraordinary efforts to save a local family from possible drowning. Agenda Item No. 4B. City Manager's Report. City Manager Yelverton presented information on a new program from the Planning Department in conjunction with the Planning and Zoning Commission, the Southlake Development Excellence Awards, which will be presented to various commercial and residential developments in town that exemplify excellence. Agenda Item No. 4C. Parks and Recreation Board Report. Liz Durham updated Council on upcoming parks and recreation events and meetings. Agenda Item No. 4D. Financial Report. A written report was presented to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. SA. Approve the minutes for the December 6, 2005, regular City Council meeting. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 2 of 10 Agenda Item No. 5B. Resolution No. 06-001. Appoint a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One. Council agreed to appoint Mayor Pro Tern Shankland as the Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One. Agenda Item No. 5C. Resolution No. 06-002, Appoint members to the SPIN Standing Committee. Council agreed to appoint Cara White for SPIN #1, Alan Hochstein for SPIN #3, Jan Francis for SPIN #5, Jeff Wang for SPIN #7, Ray Tremain for SPIN #ge, Jim Jeppe for SPIN #9w, Roger Hutton for SPIN #11, Mike Terry for SPIN #13, and Tom Corradino for SPIN #15. Agenda Item No. 5D. Ordinance No. 803-A, 1 sl Reading, an amendment to Chapter 2, Section 455(b), of the Southlake City Code, to increase the number of members on the Public Art Advisory Committee from seven to ten, adding three citizen-at-Iarge places. A presentation was not made on this item. Agenda Item No. 5E. Consider renewal of contract with American Landscaping Systems for landscape maintenance of public areas in Town Square for a twelve month period ending December 31, 2006. A presentation was not made on this item. Agenda Item No. 5F. Approve a Community Services Agreement with Grapevine Relief and Community Exchange. A presentation was not made on this item. Agenda Item No. 5G. Approve a Community Services Agreement with The Women's Shelter. A presentation was not made on this item. Agenda Item No. 5H. Approve a Community Services Agreement with Metroport Meals on Wheels. A presentation was not made on this item. Agenda Item No. 51. Approve a Community Services Agreement with Southlake Sister Cities. A presentation was not made on this item. Agenda Item No. 5J. Approve a Community Services Agreement with Southlake Community Band. A presentation was not made on this item. Agenda Item No. 5K. Approve a Community Services Agreement with Call A Ride of Southlake, Inc. A presentation was not made on this item. Agenda Item No. 5L. Approve a Community Services Agreement with Southlake Historical Society. A presentation was not made on this item. Agenda Item No. 5M. Approve a Community Services Agreement with Keep Southlake Beautiful. A presentation was not made on this item. Agenda Item No. 5N. Approve a Community Services Agreement with Southlake Women's Club for Art in the Square. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 3 of 10 . . Agenda Item No. 50. Approve a Community Services Agreement with Fort Worth Transportation Authority. A presentation was not made on this item. Agenda Item No. 5P. Approve a Community Services Agreement with Bob Jones Nature Center. A presentation was not made on this item. Agenda Item No. 5Q. Ordinance No. 662-B, 1st Reading. Drought Contingency Plan Revision. A presentation was not made on this item. Agenda Item No. 5R. Ordinance No. 480-475. 1st Reading (ZA05-139) Zoning Change for 940 North Pevtonville Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5S. Ordinance No. 480-451. 1 sl Reading (ZA04-101) Zoning Change for Tracts 1A1A2 and 1A1A2D. B.J. Foster Survey. Abstract No. 519. The property is located on the north side of Gifford Court. approximately 300 feet east of Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #12. This item was tabled to the April 4, 2006 City Council meeting. Agenda Item No. 5T. Ordinance No. 480-DDD. 1st Reading. an amendment to the Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to Section 16. MF-1 Two Family Residential District. The applicant has requested to table this item indefinitely. Agenda Item No. 5D. Resolution No. 05-062 (ZA05-123) Specific Use Permit to allow a kennel - Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. This item was tabled to the January 17, 2006 City Council meeting Agenda Item No. 7 A. Ordinance No. 480-471. 2nd Reading (ZA05-108) Zoning Change and Site Plan for Lots 2 and 3. Block A. Commerce Business Park; being approximately 4.24 acres located at 275 through 325 Commerce Street. Current Zoning: 1-1 Light Industrial District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #7. This item was tabled to the January 17, 2006 City Council meeting. Agenda Item No. lOB. Consider SP05-356. Variance to Sign Ordinance No. 704-B for 850 East State Highway 114. located in Cedar Ridge Office Park. Chief Planner Killough presented this item to Council during the work session. Applicant Dan Anderson of Pannatoni Development, 5950 Birkshire Lane, Dallas, Texas answered Council's questions. Agenda Item No. 10C. Authorize the Mayor to execute a commercial developer's agreement for Pecan Creek. being Block 1. Lots 2R and 4 and Timarron Addition. Phase 5. Block 60. Lots 2Rl and 3R2. a 13.8533-acre development. including Zena Rucker Road extending from Byron Nelson Parkway and continuing east 940 feet. Interim Director Thomas presented this item to the Council during the work session. Applicant John Drews, 3625 North Hall Street, Dallas, Texas answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 4 of 10 Motion was made to approve the consent agenda items 5A; 5B to appoint Mayor Pro Tern Shankland as the Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One; 5C to appoint Cara White for SPIN #1, Alan Hochstein for SPIN #3, Jan Francis for SPIN #5, Jeff Wang for SPIN #7, Ray Tremain for SPIN #ge, Jim Jeppe for SPIN #9w, Roger Hutton for SPIN #11, Mike Terry for SPIN #13, and Tom Corradino for SPIN #15; 5D; 5E; 5F; 5G; 5H; 51; 5J; 5K; 5L; 5M; 5N; 50; 5P; 5Q; 5R; 5S to table this item to the April 4, 2006, City Council meeting; 5T to table this item indefinitely; 5U to table this item to the January 17, 2006, City Council meeting; 7 A to table this item to the January 17, 2006, City Council meeting; lOB, granting a variance, but also requiring the letters on the two signs to be white in color and have similar font and style and be substantially the same; and 10C providing the city will participate in the construction of the median opening and left turn lane on Bryon Nelson Parkway in an amount not to exceed $40,000 and requiring recovery and relocation of the trees in the median and stating that the city is not participating in the extension of the driveway from the school parking lot at this time but leaving it to be addressed by future development of that lot and reducing park fee amount to $11,997.84 based upon revised calculations. Motion: Terrell Second: Shankland Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke during Public Forum. Agenda Item No. 7B. Ordinance No. 480-472, 2nd Reading (ZA05-118) Zoning Change for proposed Maranatha Estates; being approximately 4.7 acres located at 1710 Maranatha Way. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Familv Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council in conjunction with item 7C. In accordance with Section 4.21 of the City Charter, the caption for this term 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 LEGALL Y DESCRIBED AS TRACTS 1A06 & 1A9, SITUATED IN THE W. WINN SURVEY, ABSTRACT NO. 1660, BEING APPROXIMA TEL Y 4.7 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, 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; REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 5 of 10 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. No one spoke but Storm Phillips, 1711 Maranatha Way, Southlake, Texas recorded his support for this item. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-472, 2nd Reading (ZA05-118) Zoning Change for proposed Maranatha Estates subject to the recommendations of the Planning and Zoning Commission and City Council's motion at first reading. Motion: Terrell Second: Muzyka Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. ZA05-119. Plat Showing for Maranatha Estates; Tracts 1A6 and 1A9. W. Winn Survey. Abstract No. 1660; being approximately 4.7 acres located at 1710 Maranatha Way. Current Zoning: AG Agricultural District. Proposed Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council in conjunction with item 7B. Motion was made to approve ZA05-119, Plat Showing for Maranatha Estates subject to Plat Review Summary No.2, dated October 28, 2005 specifically granting the variance to front on a pri vate street. Motion: Second: Ayes: Nays: Approved: Terrell Shankland Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss None 6-0 Agenda Item No. 7D. Ordinance No. 480-231C, 2nd Reading (ZA05-125) Zoning Change and Site Plan for Medical Air Services on property located at 1250 West Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Chief Planner Killough presented this item to Council. In accordance with Section 4.21 ofthe City Charter, the caption for this term 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 LOT 4, A.A. FREEMAN NO. 522 ADDITION, BEING 1.344 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICTWITH LIMITED "0-1" OFFICE DISTRICT USES TO "S-P-1" DETAILED SITE REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 6 of 10 PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Councilmember Terrell stepped out of the room. Motion was made to approve Ordinance No. 480-231C, 2nd Reading (ZA05-125) Zoning Change and Site Plan for Medical Air Services subject to Site Plan Review Summary No.2, dated November 11, 2005, and subject to the City Council's motion at first reading. Motion: Shankland Second: Muzyka Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss Nays: None Approved: 5-0 Councilmember Terrell reentered the Council Chambers. Agenda Item No. 7E. Ordinance 480-FFF, 2nd Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the Employment Center Zoning District. new Section 49. Director Baker presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING SECTION 49 ESTABLISHING THE EMPLOYMENT CENTER ZONING (EC) DISTRICT; PROVIDING DEFINITIONS, USES AND STANDARDS FOR DEVELOPMENT; PROVIDING FOR THE APPROVAL PROCESS; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Buck Driggers of Newland Communities spoke in favor. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 7 of 10 Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-FFF, 2nd Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the Employment Center Zoning District, new Section 49. Motion: Terrell Second: Shankland Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 8A. Ordinance No. 585-C, 1st Reading, Tree Preservation Ordinance and Technical Manual. Director Baker presented this item to Council. Motion was made to approve Ordinance No. 585-C, 1 st Reading, Tree Preservation Ordinance and Technical Manual Motion: Terrell Second: Muzyka Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 8B. Ordinance No. 480-474, 1st Reading (ZA05-091) Zoning Change and Concept Plan for Stonebridge Park, Phase II, being approximately 12.27 acres located at 2502 West Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicant Rian Maguire of Realty Capital Corporation, 99 Main Street, Suite 200, Colleyville, Texas made a presentation to Council. Council asked questions of the applicant and discussed this item. Motion was made to approve Ordinance No. 480-474, 1 st Reading (ZA05-091) Zoning Change and Concept Plan for Stonebridge Park, Phase II, due to the fact this development is consistent with the development to the east and has low impervious coverage ratio; subject to Concept Plan Review Summary No.3, dated November 11,2005; requiring conformance with the architectural and lighting standards as shown on attachment 'G' in the staff report; subject to the recommendations of the Planning and Zoning Commission; eliminating retail uses on Lots 3 and 4 and that any certificate of occupancy is contingent upon review and approval of the landscaping by City Council; requiring the reorientation of the buildings on Lots 1 and 2 prior to second reading; requiring a cross access parking agreement; and acknowledging the developer's commitment that the pond shown on the plan will be a retention pond and will be an aesthetic feature of the development. Motion: Terrell Second: Morris Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 8 of 10 Approved: 6-0 Mayor Wambsganss called for a break at 9:24 p.m. Mayor Wambsganss reconvened the meeting at 9:44 p.m. Mayor Wambsganss considered Item 10D next. Agenda Item No. 10D. Authorize the Mayor to execute a residential developer's agreement for The Cliffs at Clariden Ranch. a 56-lot addition located on the south side of Clariden Ranch. Phase III between North White Chapel Boulevard and T.W. King Road. Interim Director Thomas presented this item to Council during the work session. Applicant Paul Spain, 395 West Northwest Parkway, Southlake, Texas, answered Council's questions during the work session. Mr. Spain withdrew his request to waive the administrative and inspection fees from the developer's agreement. Motion was made to authorize the Mayor to execute a residential developer's agreement for The Cliffs at Clariden Ranch withdrawing the developer's request to waive the administrative and inspection fees. Motion: Terrell Second: Muzyka Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 8e. Ordinance No. 480-476. 1st Reading (ZA05-124) Zoning Change and Revised Concept Plan for Watermark at Southlake located at 2809 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. AG Agricultural District. and SF-1A Single Family Residential District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicants Rick Simmons, 1851 Broken Bend Drive, Westlake, Texas; Craig Spalding of South Bay Partners, 66 North Central Expressway, Dallas, Texas; architect Mark Tolson; and Rich Siber of Lifecare Services presented this item to Council and answered questions. Council discussed this item and asked questions of the applicants. Motion was made to approve Ordinance No. 480-476, 1st Reading (ZA05-124) Zoning Change and Revised Concept Plan for Watermark at Southlake, subject to Concept Plan Review Summary No.3, dated December 2, 2005; subject to the recommendations of the Planning and Zoning Commission but substituting the permitted uses with the new list of permitted uses provided to Council this evening and limiting the "rental guest rooms" to a maximum of two units in the clubhouse; noting that the project does not meet the Land Use Plan, which the City Council tries to follow as closely as possible, but with the following justifications: 11 additional acres were added under an SP zoning, the serious need for and the addition of senior living in Southlake which currently does not have any, the articulation and the plan in general are of an extraordinarily high quality, the developer is undertaking a sewer connection to the church property next door which is a real public service, this is a much better design and a much better development than the previously approved plan at this location, it includes a unique aspect of REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 9 of 10 " senior living which is a fee simple ownership aspect which will add a lot of value in terms of our tax rolls and in terms of the seniors who will live there, and keeps in place the age restriction of 62. Motion: Second: Ayes: Nays: Approved: Jones Terrell Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss None 6-0 Agenda Item No. lOA. Consider SP05-328. Variance to Sign Ordinance No. 704-B for the Shops of Southlake. located at the southeast comer of South Carroll Avenue and East Southlake Boulevard. Chief Planner Killough presented this item to Council during the work session. Motion was made to approve SP05-328, Variance to Sign Ordinance No. 704-B for the Shops of Southlake, located at the southeast comer of South Carroll Avenue and East Southlake Boulevard, granting the variance for a period of one year. Motion: Terrell Second: Shankland Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11A. Land Use Plan amendment process. Director Baker presented this item to Council. No action was taken on this item. Agenda Item No. lIB. 2006 Submittal Schedule review. Chief Planner Killough presented this item to Council. No action was taken on this item. Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 11 :10p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ~'-~ = ~dyWambsganss Mayor ",HUUU'tl _,., "THI A I", ..,' Qu ~.,l,.. '" ~ " '0 ..-.....~..t'." ...~ ~~.. a. " ., ~ O~ .. ..# .1.-:' .... . "" *" ::>.l * \~~; =1-:' :: --. : - Lori A. Farwell, TRMC ; <.) \ I (J) j . ~ a~ .a8 ~ CIty Secretary '0:. ...... ..... ..~ , . " .., ~,' "1, **~ "" "''''111111'' ~0Ut" a ATTEST: REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 3, 2006 Page 10 of 10 ~P ~e i ✓e~ cry ~1~2 3 - O(o ~Y Catnu 1141~ WATERMARK AT SOUTHLAKE "PERMITTED USES" Per the Planning and Zoning Board's request at the December 7, 2005 hearing, following "accessory uses" for the Clubhouse building in the retirement section (i.e. Villas and Condominium Homes) and for the Assisted Living building shall include, but not be limited to other similar uses. Clubhouse Building/Condominium Towers 1. Restaurant (main, bar & grille and coffee shop) 2. Beauty Shop/Spa/Fitness Area 3. Sundry Shop 4. Bank 5. Chapel 6. Home Health/Wellness Center 7. Storage space/units 8. Theater/Media Room 9. Rental Guest Rooms Assisted Livinp- Building 1. Beauty Shop 2. Coffee Shop 3. Wellness Center The following is an additional "principal use" for the Assisted Living building: Assisted Living, Building 1. Physical Therapy Services