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Item 4A (2)U CITY OF SOUTHLAK,E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: August 21, 2012 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT Mayor John Terrell, Deputy Mayor Pro Tern Pamela Muller and Councilmembers Carolyn Morris, Jeff Wang, Al Zito, and Martin Schelling. CITY COUNCIL ABSENT Mayor Pro Tern Brandon Bledsoe. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Communication and Website Manager Pilar Schank, Director of Community Services Chris Tribble, Assistant to the Director Candice Edmondson, Marketing and Tourism Manager Jill Lind, Director of Finance Sharen Jackson, Fire Chief Mike Starr, Deputy Fire Chief Wade Carroll, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Police Chief Steve Mylett, Director of Public Works Bob Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, 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 4:10 p.m. 2. INVOCATION Mr. Eric Hulet with Grace Community Church gave the invocation. Mayor Terrell recognized and thanked Pastor Hulet for his service to the community and wished him well in his retirement. Mayor for a Day recipient Emma Mann led the pledge of allegiance. 3. LOCAL BUSINESS REPORT Marketing and Tourism Manager Jill Lind introduced Nathan Pressler with Dunkin Donuts. Mr. Pressler provided information on the Dunkin Donut franchise located at 2255 West Southlake Boulevard. REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 1 of 18 Mayor Terrell informed Council they would move to Item 5. 5. FISCAL YEAR 2013 PROPOSED BUDGET — STRATEGIC INVESTMENTS AND CAPITAL IMPROVEMENTS PROGRAM City Manager Shana Yelverton presented a comprehensive review of the proposed budget for fiscal year 2013 and was available to answer questions. 4. DISCUSSION OF THE COMMUNITY RECREATION CENTER Director of Community Services Chris Tribble presented the conceptual plan for the proposed community recreation center. Council and staff discussed the conceptual plan and provided comments on the following: larger jog /walking track in the gymnasium, additional discussion by Council regarding cost recovery for facility, and indoor /outdoor aquatic component. Council also directed staff to incorporate the video flyover for the proposed project to assist with public education. Finance Director Sharen Jackson presented the pro forma prepared for the community recreation center, which included estimated costs for the facility with an aquatic component ($40 million) and without an aquatic component ($32 million). Ms. Jackson informed Council the funding for the project will come from the following sources: strategic initiative fund, Southlake Parks Development Corporation and general debt service (bond issuance). Ms. Jackson informed Council other financial considerations available to them are to sell property owned by the City to apply toward construction costs of the facility or a street maintenance sales tax (one- eighth of one percent or one - fourth of one percent). The tax requires voter approval, expires every four years and requires voter approval to extend the tax beyond four years. The City may impose the tax, if the new, combined local sales tax rate will not exceed two percent. The funds from the sales tax may only be utilized for the street maintenance. If Council selects this option, the funding identified ($1.4 million) in the general fund for street maintenance could be reallocated to the construction of the facility. Assistant City Manager Ben Thatcher advised Council that staff prepared an inventory listing of property owned by the City, which included approximately 570 acres with 467 acres belonging to the City's park system. The listing was prepared pursuant to direction provided to staff at the June Retreat meeting. Staff identified five sites that have no definitive plans for Council discussion. • Jordan Drive /Harrell Drive — 7 acres Located north of the ground storage tanks • Randol Mill Avenue -.77 acres Park property Located next to Department of Public Safety West REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 2 of 18 • Parkwood Drive – 14.56 acres Current location of senior activity center • West State Highway 114-4.6 acres Park property Located east of Fox Hollow • Lonesome Dove Avenue – 4 acres Park property Known as Coker Trail Head in the Parks Master Plan Mr. Thatcher informed Council the properties identified as park property would require voter approval if the City wished to relinquish the property. In moving forward, the months of October and November could include the flyover, project communication plan and formulation of the ballot language. Council directed staff to obtain a true market value of the properties and to further research if funds from the sale proceeds can be utilized for the proposed community recreation center. Council member Zito inquired about the property located at the northwest corner of Whites Chapel Boulevard and Highland. Public Works Director Bob Price informed Council that staff is in the process of developing the schematic for the intersection at Whites Chapel Boulevard and Highland. Deputy Mayor Pro Tern Muller expressed concern with the property located at Jordan Drive and Harrell Drive. The City purchased the property to provide a buffer to the adjacent residential areas. 5. FISCAL YEAR 2013 PROPOSED BUDGET – STRATEGIC INVESTMENTS AND CAPITAL IMPROVEMENTS PROGRAM Council discussed this item earlier in the meeting. 6. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Terrell read the consent agenda items. Mayor Terrell recommended that the Southlake Sister City /Friendship City Policy —Item 4E include an emeritus status. Mayor Terrell clarified that Item 41— annual review of investment policy and investment strategies has been assigned Resolution No. 12 -039A. In response to Deputy Mayor Pro Tern Muller's question, Director of Public Works Bob Price informed Council the designed speed is greater than the posted speed limit. REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 3 of 18 Initially a speed limit is established by identifying a prudent speed limit, followed by a speed study to determine the 85 percentile of travel when the road is open and operational. Mr. Price commented the speed limit is being identified at 35 miles per hour. If necessary, staff will conduct a speed study and come back to Council with an amended speed limit. Deputy Mayor Pro Tern Muller and Council member Morris removed Item 4N —SV12- 013, sign variance request for Shady Oaks Office Park. Deputy Mayor Pro Tern Muller commented that Council previously approved channel letters and the one being proposed is box lettering. Council member Al Zito asked staff to provide a presentation for Item 4M— Ordinance No. 480 -564a, zoning change and development plan for Carillon. Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mr. Baker's presentation included: future land use; current zoning; aerial views; and proposed regulations. The Planning and Zoning Commission, at their August 9, 2012 meeting approved the item, subject to site plan review summary No. 2, dated August 1, 2012 with the exception of item No. 3 of the proposed regulations: Instead of allowing the second paragraph to be changed on page 75 from the fagade zone to a minimum of 25% of any detached product that be set back at least 1 foot from the front fagade of the building to the filing. The front fagade zone of a minimum 20% of any detached product of the setbacks shall be at least 2.5 feet from the front fagade of the building. REGULAR SESSION 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:08 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:08 p.m. Executive Session began at 6:34 p.m. and concluded at 7:25 p.m. 2113. RECONVENE REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 4 of 18 Mayor Terrell reconvened the regular meeting at 7:39 p.m. and asked if any action was necessary from Executive Session. 3. REPORTS A. Mayor's Report — PRESENTATION BY ALLISON BRIDGES Mayor Terrell recognized Allison Bridges and asked her to recite the essay she prepared to secure a $5,000 scholarship from Northgate Constructors. RECOGNITION OF OUTGOING BOARD & COMMISSION MEMBERS Mayor Terrell recognized the service of Margaret Adams on the Parks and Recreation Board and Jim Hamel on the Planning and Zoning Commission. Mr. Hamel was present to receive his plaque from the City. Mayor Terrell announced the upcoming meetings and events. Council member Wang announced the Japan- America Grassroots Summit is being held in North Texas, August 28 — September 3, 2012. Council member Morris announced the annual Polycystic Kidney Disease (PKD) walk /run will be held on Saturday, September 22 in Southlake Town Square. Council member Muller announced the Crud Cruiser will be in town on Saturday, September 8. Residents are encouraged to drop off their hazardous materials. Additional information can be located on MySouthlakeNews.com. She also mentioned a new Southlake Citizens Academy class will begin September 6, 2012. B. City Manager's Report — City Manager Shana Yelverton provided an update on the City's efforts to coordinate and educate the public on preventing West Nile Virus. Mayor Terrell announced that Council removed Item 4N from the consent agenda during work session. Council has since received a revised rendering of the proposed sign from the applicant. Council had no objection and concurred to place Item 4N on the consent agenda, subject to the rendering provided by the applicant. 4. CONSENT AGENDA (Items 4A -Q) 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 AUGUST 7, 2012 CITY COUNCIL MEETING. REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 5 of 18 4B. APPROVE RENEWAL OF A LEASE AGREEMENT FOR GRAZING ON APPROXIMATELY 4.5 ACRES OF UNDEVELOPED CITY PARK PROPERTY. 4C. APPROVE PERMIT TO ALLOW AN ART GALLERY RECEPTION ON SEPTEMBER 9, 2012 AND A PHOTOGRAPHY EXHIBIT SEPTEMBER 9- OCTOBER 31, 2012 IN SOUTHLAKE TOWN HALL LOBBY 4D. APPROVE PERMIT TO ALLOW ART GALLERY RECEPTION FEBRUARY 17, 2013 AND AN ART EXHIBIT, "WINTER ARTS IN TOWN HALL," FEBRUARY 17 -APRIL 28, 2013, IN THE TOWN HALL LOBBY. 4E. APPROVE SOUTHLAKE SISTER CITY /FRIENDSHIP CITY POLICY 4F. APPROVE RESIDENTIAL DEVELOPERS AGREEMENT WITH HINES -GTIS CARILLON, LLC, FOR CARILLON PHASE 3A -2. 4G. THIS ITEM INTENTIONALLY LEFT BLANK. 4H. ORDINANCE NO. 1030, 1 ST READING, MASTER STORM WATER PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN. (IF APPROVED THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 4, 2012). 41. RESOLUTION NO. 12 -039A, ANNUAL REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATEGIES. 4J. ORDINANCE NO. 1042, 1 ST READING, ADOPT AN ORDINANCE REGULATING THE INSTALLATION, REPAIR AND MAINTENANCE OF UTILITY AND TELECOMMUNICATIONS FACILITIES WITHIN THE RIGHT -OF- WAY. (IF APPROVED THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 4, 2012). 4K. ORDINANCE NO. 1043, 1ST 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 NORTH KIMBALL AVENUE. (IF APPROVED THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 4, 2012). 4L. SV12 -014, SIGN VARIANCE TO ORDINANCE 704 -F TO ALLOW SIXTEEN (16) TEMPORARY LIGHT POLE BANNER SIGNS AT SPECIFIC LOCATIONS IN SOUTHLAKE TOWN SQUARE PROMOTING A FASHION'S NIGHT OUT EVENT. REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 6 of 18 4M. ORDINANCE NO. 480 -564A (ZAl2 -066), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR CARILLON ON PROPERTY DESCRIBED AS TRACTS 3 AND 4A1, A. CHIVERS SURVEY ABSTRACT NO. 299, TRACTS 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B AND 3132 L. CHIVERS SURVEY ABSTRACT NO. 300, LOTS 1 AND 2, BLOCK 1, CARILLON OFFSITE INFRASTRUCTURE & CHILDREN'S MEDICAL CENTER, AND CARILLON PHASE 1A, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED MAINLY NORTH OF STATE HWY. 114 BETWEEN N. WHITE CHAPEL BLVD. AND N. CARROLL AVE. AND SOUTH OF ESTES PARK SUBDIVISION IN SOUTHLAKE, TEXAS. CURRENT ZONING: ECZ - EMPLOYMENT CENTER ZONING DISTRICT. REQUESTED ZONING: ECZ - EMPLOYMENT CENTER ZONING DISTRICT. SPIN NEIGHBORHOOD # 3. (IF APPROVED THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 4, 2012). 4N. SV12 -013, VARIANCE REQUEST TO THE CONDITIONAL SIGN PERMIT FOR SHADY OAKS OFFICE PARK REGULATIONS TO ALLOW A MONUMENT SIGN FOR BANK OF THE OZARKS, LOCATED AT 600 WEST SOUTHLAKE BOULEVARD. Council approved item, subject to the new rendering provided by applicant on August 21, 2012. 40. RESOLUTION NO. 12 -042, APPOINT MEMBER TO THE SOUTHLAKE 2030 MOBILITY PLAN COMMITTEE. 4P. ORDINANCE NO. 1038 (CP12 -002), 1 ST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 280 AND 220 W. HIGHLAND ST., SOUTHLAKE, TEXAS. CURRENT ZONING: AG - AGRICULTURAL DISTRICT. REQUESTED ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #5. AT THE APPLICANT'S REQUEST, COUNCIL TABLED THIS ITEM AT THEIR AUGUST 7, 2012. SUBSEQUENTLY, APPLICANT REQUESTED TO INDEFINITELY TABLE ITEM. 4Q. ORDINANCE NO. 480 -621 (ZAl2 -051), 1 ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR HIGHLAND OAKS ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 280 AND 220 W. HIGHLAND ST., SOUTHLAKE, TEXAS. CURRENT ZONING: AG - AGRICULTURAL DISTRICT. REQUESTED ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. AT THE APPLICANT'S REQUEST, COUNCIL TABLED THIS ITEM AT THEIR AUGUST 7, 2012 MEETING. REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 7 of 18 SUBSEQUENTLY, APPLICANT REQUESTED TO INDEFINITELY TABLE ITEM. A motion was made to approve the consent agenda as read, to include the staff review letter and Planning and Zoning Commission recommendation for Item 4M. Motion: Morris Second: Muller Ayes: Morris, Muller, Schelling, Terrell, Wang, Zito Absent: Bledsoe Approved: 6 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum and asked for anyone wishing to speak to come forward. Mr. Bob Couch, 2535 Union Church Road, commented on the drainage and standing water that collects on Union Church Road. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ZAl2 -053, SITE PLAN FOR COLT AVIATION, LLC ON PROPERTY DESCRIBED AS LOT 1R2, BLOCK 2, CORNERSTONE BUSINESS PARK ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 2819 EXCHANGE BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: 11- LIGHT INDUSTRIAL ZONING DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented item and was available to answer questions. Mr. Baker's presentation included: future land use map; current zoning; site plan; elevation renderings; proposed color scheme; tree conservation plan and applicant's variance to the required sidewalks along Exchange Boulevard and South Nolen Drive. The Zoning Board of Adjustment granted a variance to the sidewalk required by Section 33.19 of Zoning Ordinance No. 480, as amended on July 12, 2012. The Planning and Zoning Commission approved the request, subject to site plan review summary No. 2, dated August 3, 2012, with the stipulation that the applicant must escrow the funds necessary for the future sidewalks along Exchange Boulevard and South Nolen Drive. REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 8 of 18 Mr. Don Schreiber, 1319 Montgomery Lane, Southlake, presented request and was available to answer questions. Council and applicant discussed the requested variance. Council expressed the importance of sidewalks and connectivity in the City of Southlake. At the request of Deputy Mayor Pro Tern Muller, Director of Public Works Bob Price clarified the City's Capital Improvement Program includes connectivity for Nolen Drive. Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to come forward. Mr. Raji Singh, 3011 Broadgate Lane, Southlake, spoke in support of request. There being no one else wishing to speak, Mayor Terrell closed the public hearing. Mr. Schreiber requested that Council consider extending the sidewalk along Exchange Boulevard to the parking lot versus the greenbelt in front of his property. Council consensus was to extend the sidewalk to the parking lot. Director of Public Works Bob Price informed Council that staff will bring forward the sidewalk priority listing during the latter part of the year. Mr. Price advised that he could show connectivity to the intersection of Silicone. Council asked Mr. Price to include the connectivity. Council further commented that the applicant should construct the sidewalk when the City provides the connectivity. A motion was made to approve ZAl2 -053, site plan for Colt Aviation, LLC on property described as Lot 1 R2, Block 2, Cornerstone Business Addition subject to the following: requirement to escrow an amount determined by the city engineer to build a sidewalk along Exchange Boulevard and South Nolen Boulevard; site plan review summary No. 2, dated July 9, 2012 and referencing the staff report dated July 13, 2012; and denial of requested variance. Motion: Zito Second: Morris Ayes: Morris, Muller, Schelling, Terrell, Wang, Zito Absent: Bledsoe Approved: 6 -0 Mayor Terrell commented that Council would move to Items 6C and 6D. REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 9 of 18 6C. ORDINANCE NO. 480 -532B (ZAl2 -058), 2 ND READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR SOUTH VILLAGE AT WATERMERE ON PROPERTY DESCRIBED AS TRACTS 4C, 4D AND 6A2, J.G. ALLEN SURVEY, ABSTRACT NO. 18 AND LOT 4R3, BLOCK 1, WATERMERE AT SOUTHLAKE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 2261, 2271 & 2451 UNION CHURCH ROAD AND 451 WATERMERE DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: TZD – TRANSITION ZONING DISTRICT. SPIN #11. PUBLIC HEARING OPPPOVFn Director of Planning and Development Services Ken Baker presented items 6C and 6D and was available to answer questions. Mr. Baker's presentation included: aerial pictures of site; proposed overall concept plan; future land use; current zoning; overall approved Watermere concept plan; approved South Village development plan and proposed South Village development plan; proposed development standard regulations; and South Village pedestrian access plan. The Planning and Zoning Commission, at their July 19, 2012 meeting, approved ZAl2 -058, subject to the development review summary No. 2, dated July 9, 2012 and referencing the staff report dated July 13, 2012. The Planning and Zoning Commission also approved ZAl2 -059, subject to the concept plan review summary No. 2, dated July 9, 2012 and referencing the staff report dated July 13, 2012. Applicant representatives Scott Simmons and Rick Simmons presented their request and provided additional information — traffic flow /control along Watermere Drive, renderings of floor plans, elevations and construction materials and mitigation for drainage concern — requested by Council at the first reading. Mr. Baker clarified that Council can tie the elevations and presentation provided to Council as part of the zoning and include developer's narrative and guidelines that address percentage of brick, stones and stucco on each elevation. Mr. Joseph Reue, applicant's engineer, presented the plan to address drainage concerns expressed by Mr. and Mrs. Mortazavi. Mayor Terrell opened the public hearing and asked for anyone wishing to speak to come forward. Mr. and Mrs. Joseph Mortazavi, 2651 Union Church Road, commented on the water run off diverted to their property on the north and west property line from the Watermere development. There being no one else wishing to speak, Mayor Terrell closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 10 of 18 A motion was made to approve Ordinance No. 480 -532B (ZAl2 -058), second reading, zoning change and development plan for South Village at Watermere on property described as tracts 4C, 4D and 6A2, J.G. Allen Survey, Abstract No. 18 and Lot 4R3, Block 1, Watermere at Southlake; subject to the following: stop signs will be installed on Watermere Drive and crosswalk as presented and in compliance with City regulations; renderings, elevations, materials and design guidelines as presented by applicant; comprehensive drainage plan for east phase adjacent to the Mortazavi property, which includes a retaining wall and swale as presented by applicant's engineer Joseph Reue; development plan review summary No. 2, dated July 9, 2012 and staff report dated July 13, 2012; and modifications to the transition zoning district as presented. Motion: Morris Second: Schelling Ayes: Morris, Schelling, Terrell, Wang Nays: Muller, Zito Absent: Bledsoe Approved: 4 -2 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 LOTS 1, 2, 3, 4R1, 4R2 AND 4X, BLOCK 1, WATERMERE AT SOUTHLAKE ADDITION AND LOTS 2 AND 3, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING APPROXIMATELY 31.81 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT TO INCLUDE PERSONAL CARE FACILITY, NURSING CARE HOME, AND (SENIOR) MULTI - FAMILY RESIDENTIAL USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6D. ORDINANCE NO. 480 -476C (ZAl2 -059), 2 ND READING, ZONING CHANGE AND CONCEPT PLAN FOR WATERMERE AT SOUTHLAKE ON PROPERTY DESCRIBED AS LOTS 1, 2, 3, 4R1, 4R2 AND 4X, BLOCK 1, WATERMERE AT REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 11 of 18 SOUTHLAKE ADDITION AND LOTS 2 AND 3, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 101 -301 WATERMERE DR. AND 2801 & 2807 W. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN #11. PUBLIC HEARING APPROVED This item was presented in conjunction with Item 6C. 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 -476C (ZAl2 -059), second reading, zoning change and concept plan for Watermere at Southlake on property described as Lots 1, 2, 3, 4R1 4R2 and 4X, Block 1, Watermere at Southlake Addition and Lots 2 and 3, Block 2, Watermere at Southlake Addition, City of Southlake, located at 101 -301 Watermere Drive and 2801 and 2807 West Southlake Boulevard subject to the concept plan review summary No. 2, dated July 9, 2012 and staff report dated July 13, 2012. Motion: Morris Second: Schelling Ayes: Morris, Schelling, Terrell, Wang Nays: Muller, Zito Absent: Bledsoe Approved: 4 -2 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 LOTS 1, 2, 3, 4R1, 4R2 AND 4X, BLOCK 1, WATERMERE AT SOUTHLAKE ADDITION AND LOTS 2 AND 3, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING APPROXIMATELY 31.81 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT TO INCLUDE PERSONAL CARE FACILITY, NURSING CARE HOME, AND (SENIOR) MULTI - FAMILY RESIDENTIAL USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 12 of 18 OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6B. ZAl2 -071, SITE PLAN FOR CARROLL ISD ADMINISTRATION BUILDING ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD ADDITION NO. 3, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1101 E. DOVE RD., SOUTHLAKE, TEXAS. CURRENT ZONING: CS COMMUNITY SERVICE DISTRICT. SPIN #2. PUBLIC HEARING OPPPOVFn Planner II Richard Schell presented item and was available to answer questions. Mr. Schell's presentation included: future land use designation; current zoning; aerial photos; site plan presented at the August 9, 2012 Planning and Zoning Commission meeting; revised site plan, elevation plans; landscape plan proposed at August 9, 2012 Planning and Zoning Commission meeting; and revised landscape plan. The Planning and Zoning Commission, at their August 9, 2012 meeting approved the request, subject to site plan review summary No. 2, dated August 2, 2012 with the condition that the applicant meet or exceed all current tree preservation ordinances. Carroll Independent School District Assistant Superintendent Derek Citty, 3051 Dove Road, Grapevine, presented request and was 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 ZA 12 -071, site plan for Carroll Independent School District administration building on property described as Lot 1, Block 1, Carroll ISD Addition No. 3, an addition to the City of Southlake subject to the following: site plan review summary No. 2, dated August 2, 2012 with the condition that the applicant meet and /or exceed all current tree preservation ordinances; including tonight's staff presentation and granting requested variance on the fence. Motion: Morris Second: Wang Ayes: Morris, Muller, Schelling, Terrell, Wang, Zito Absent: Bledsoe Approved: 6 -0 REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 13 of 18 Mayor Terrell recessed the meeting at 10:05 p.m. Mayor Terrell reconvened the meeting at 10:23 p.m., same members present with the exception of Council member Morris. 6C. ORDINANCE NO. 480 -532B (ZAl2 -058), 2 ND READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR SOUTH VILLAGE AT WATERMERE ON PROPERTY DESCRIBED AS TRACTS 4C, 4D AND 6A2, J.G. ALLEN SURVEY, ABSTRACT NO. 18 AND LOT 4R3, BLOCK 1, WATERMERE AT SOUTHLAKE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 2261, 2271 & 2451 UNION CHURCH ROAD AND 451 WATERMERE DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: TZD — TRANSITION ZONING DISTRICT. SPIN #11. PUBLIC HEARING Council discussed this item earlier in the meeting. 6D. ORDINANCE NO. 480 -476C (ZAl2 -059), 2 ND READING, ZONING CHANGE AND CONCEPT PLAN FOR WATERMERE AT SOUTHLAKE ON PROPERTY DESCRIBED AS LOTS 1, 2, 3, 4R1, 4R2 AND 4X, BLOCK 1, WATERMERE AT SOUTHLAKE ADDITION AND LOTS 2 AND 3, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 101 -301 WATERMERE DR. AND 2801 & 2807 W. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN #11. PUBLIC HEARING Council discussed this item earlier in the meeting. 6E. CONSIDER A PROPOSAL TO ADOPT A TAX INCREASE AS A RESULT OF THE PROPOSED TAX RATE OF $.462 EXCEEDING THE EFFECTIVE TAX RATE BY 0.55 %. PUBLIC HEARING APPROVED City Manager Shana Yelverton presented item and was available to answer questions. A motion was made to approve Item 6E, consider a proposal to adopt a tax increase as a result of the proposed tax rate of $.462 exceeding the effective tax rate by 0.55 %. Motion: Zito Second: Muller Ayes: Muller, Schelling, Terrell, Wang, Zito Absent: Bledsoe, Morris Approved: 5 -0 REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 14 of 18 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -619 (ZAl2 -007), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR NOLEN OFFICE PARK ON PROPERTY DESCRIBED AS TRACT 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 300 SOUTH NOLEN DR., SOUTHLAKE, TEXAS. CURRENT ZONING: AG AGRICULTURAL DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN #8. THIS ITEM WAS TABLED BY THE APPLICANT AT THE PLANNING AND ZONING COMMISSION MEETING ON MAY 3, 2012, MAY 17, 2012, JUNE 7, 2012 AND JULY 19, 2012. (IF APPROVED THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 4, 2012). APPROVED Council member Wang recused himself from discussion and voting on the item. A conflict of interest affidavit was filed with the City Secretary. Council member Wang left the meeting at 10:25 p.m. Planner II Richard Schell presented item and was available to answer questions. Mr. Schell's presentation included: future land use and existing land use designation; Kimball Crooked Land Use Plan; 2025 Master Thoroughfare Plan; current zoning designation; aerial views; S -P -1 regulations; site plan; elevations; proposed tree preservation plan; and proposed landscape plan. The Planning and Zoning Commission, at their August 9, 2012 meeting, approved the request subject to site plan review summary No. 4, dated August 1, 2012, with the two requested variances: (1) reduction in stacking depth for the driveways from 75 feet to 50 feet and (2) reducing the separation between Village Center intersection with the driveway from 200 feet to 150 feet per the site plan. Applicant representative Mr. Konstantine Bakintas, 4550 State Highway 360, Grapevine, presented request and responded to questions from Council. A motion was made to approve Ordinance No. 480 -619 (ZAl2 -007), first reading, zoning change and site plan for Nolen Office Park on property described as tract 11A, Thomas Easter Survey, Abstract No. 474, Southlake, located at 300 South Nolen Drive, Southlake, Texas; noting approval of the two variances (1) to reduce the driveway stacking depth for both driveways from the required 75 feet to 50 feet as shown on the submitted site plan and (2) to reduce the driveway separation from the Village Center intersection at South Nolen Drive from 200 feet to 150 feet per the site plan; and subject to site plan review summary No. 4, dated August 1, 2012. Motion: Zito Second: Muller Ayes: Muller, Schelling, Terrell, Zito Absent: Bledsoe, Morris REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 15 of 18 Abstain: Wang Approved: 4 -0 -1 Council member Wang returned to the meeting at 10:52 p.m. 7B. ORDINANCE NO. 480 -624 (ZAl2 -064), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR SILVER RIDGE ASSISTED LIVING ON PROPERTY DESCRIBED AS THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, TRACT 3B CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 600 N. KIMBALL AVE., SOUTHLAKE, TEXAS. CURRENT ZONING: AG- AGRICULTURAL DISTRICT. PROPOSED ZONING- SP -1- DETAILED SITE PLAN DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD SEPTEMBER 4, 2012) APPROVED Director of Planning and Development Services Ken Baker presented item and was available to answer questions. Mr. Baker's presentation included: future land use and existing land use designation; current zoning designation; aerial views; site plan; floor plan; building elevations; renderings of assisted living facility and chapel and respite care, tree preservation plan; landscape plan; and special use permit requirements for assisted living facilities. The Planning and Zoning Commission, at their August 9, 2012 meeting, approved the request subject to the site plan review summary No. 2, dated August 1, 2012, and subject to applicant entering into an avigation easement with the City of Southlake. Applicant representatives David Keener and Keith Kithsiri presented request and responded to questions from Council. A motion was made to approve Ordinance 480 -624 (ZAl2 -064), first reading, zoning change and site plan for Silver Ridge Assisted Living on property described as Thomas Mahan Survey, Abstract No. 1049, tract 3B, located at 600 North Kimball Avenue, Southlake, Texas current zoning: AG- Agricultural District, proposed zoning: SP -1- Detailed Site Plan District subject to the following: site plan review summary No. 2, dated August 1, 2012; applicant entering into an avigation easement with the City of Southlake; applicant has agreed to bring back designs on fencing, security details and additional details for a Jacuzzi facility to the site. Motion: Zito Second: Schelling Ayes: Schelling, Terrell, Wang, Zito Nays: Muller Absent: Bledsoe, Morris Approved: 4 -1 REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 16 of 18 7C. ORDINANCE NO. 480 -623 (ZAl2 -067), 1 ST READING, ZONING CHANGE AND CONCEPT /SITE PLAN FOR VICTORY LANE ON PROPERTY DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 400 AND 470 N. KIMBALL AVE., SOUTHLAKE, TEXAS. CURRENT ZONING: 1 -1 LIGHT INDUSTRIAL DISTRICT. REQUESTED ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN #4. (IF APPROVED THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 4, 2012). APPROVED Planner II Richard Schell presented item and was available to answer questions. Mr. Schell's presentation included: future land use designation; 2030 Land Use Plan; aerial views; renderings of proposed site; concept plan and Phase I site plan; elevations of the proposed facility; tree conservation plan; and landscape plan. Mr. Jeff Medici, 2123 Cheyenne Park Lane, Southlake, presented request and answered questions from Council. Mayor Terrell announced the public hearing for this item will be conducted on September 4, 2012, but would allow public comments if there were people in the audience who wished to speak on the item. Mr. John Eubanks, 7009 Lismore Court, Colleyville, commented that he owns vacant property on Kimball Avenue. He requested access to his property, because he does not have a curb cut to his parcel. He also asked for consideration of cross - access to the property located south of his property. Mr. Eubanks commented that he was not opposed to the request. Mr. John Reynold, 204 Westwood Drive, owns property adjacent to the site. He commented on the proposed outdoor patio and noise associated with outdoor activities during business hours. Mr. Ryan Smith, 152 Main Street, spoke in support of the request. Deputy Mayor Pro Tern Muller left the meeting at 1:08 a.m. and returned at 1:11 a.m. Council discussed the request and provided comments to the applicant. A motion was made to approve Ordinance No. 480 -623 (ZAl2 -067), first reading, zoning change and concept /site plan for Victory Lane on property described as tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, located at 400 and 470 North Kimball Avenue, Southlake, Texas current zoning: 1 -1 Light Industrial District, requested zoning: S -P -2 Generalized Site Plan District subject to the following: concept site plan review summary No. 2, dated August 3, 2012, noting this will be a full service hotel, which shall include a restaurant with lounge, 6:00 a.m. — 11:00 p.m. room service and items outlined in the staff report; applicant to address the various questions and REGULAR CITY COUNCIL MEETING MINUTES, August 21, 2012 Page 17 of 18 concerns of Council at the second reading; and granting variances to reduce the stacking depth of the North Kimball Avenue drive from the required 150 feet down to 17.6 feet and the driveway on State Highway 114 from 150 feet to 34.2 feet. Motion: Zito Second: Wang Ayes: Muller, Schelling, Terrell, Wang, Zito Absent: Bledsoe, Morris Approved: 5 -0 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS AGENDA) 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 1:17 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 21, 2012 Page 18 of 18