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2012-09-04 CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: September 4, 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, Jeff Wang, Al Zito, and Martin Schelling. CITY COUNCIL ABSENT: None. 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, Deputy Director of Community Services /Librarian Kerry McGeath, Assistant to the Director Candice Edmondson, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Fire Chief Mike Starr, Emergency Management Coordinator Kyle Taylor, Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Planner I Daniel Cortez, Police Chief Steve Mylett, Director of Public Works Bob Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Steve Anderson, 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 5:42 p.m. 2. INVOCATION Assistant City Manager Ben Thatcher gave the invocation. Mayor Terrell led the pledge of allegiance. Mayor Terrell announced that Council would move to Item 4. 4. PRESENTATION BY LAURA HILL, SPARK ORGANIZATION Ms. Laura Hill informed Council and the public of the upcoming SPARK event to be held on September 20, 2012. The event, Not My Child, Not My Problem!, will be held at REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 1 of 20 Carroll Senior High School beginning at 7:30 p.m. The parents -only event will include discussion about dealing with drugs, alcohol and the realities of a kid's world. 3. LOCAL BUSINESS REPORT Director of Economic Development Greg Last introduced Mr. Leo B. Argueta with Quitter's Stash. Mr. Argueta provided information on his business located at 2255 West Southlake Boulevard, Suite 325. 5. BRIEFING ON UPCOMING CRUD CRUISER/E -WASTE EVENT Mayor Terrell recognized Ms. Emily Weathers from Goodwill Fort Worth. Ms. Weathers introduced Mr. David Cox who explained that Goodwill Fort Worth would be at the upcoming Crud Cruiser event to collect E- Waste. On Saturday, September 8, 2012, residents will be able to rid their homes of household waste —such as batteries, cooking oil and medicines and e- waste —cell phones, computers, dry ink toner cartridges and computer monitors. Fire Chief Mike Starr advised Council the Crud Cruiser would be available between the hours of 9:00 a.m. and 11:00 a.m. at the Dragon Stadium on a first come first served basis. Chief Starr advised that citizens can dispose of paint cans with the regular trash schedule. The cans can be opened and when the paint dries it can be placed in the trash. 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. 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 REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 2 of 20 development negotiations. City Council adjourned for Executive Session at 6:09 p.m. Executive Session began at 6:26 p.m. and concluded at 7:47 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 7:55 p.m. and asked if any action was necessary from Executive Session. A motion was made to approve authorization for staff to finalize and the Mayor to execute the settlement agreement in lieu of condemnation of easements from the property located on East State Highway 114. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 3. REPORTS A. Mayor's Report — Mayor Terrell announced the upcoming meetings and events. B. City Manager's Report — Emergency Management Coordinator Kyle Taylor provided an update on the City's efforts on preventing West Nile Virus. 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 AUGUST 14, 2012 JOINT CITY COUNCIL AND SPIN STANDING COMMITTEE MEETING AND AUGUST 21, 2012 CITY COUNCIL MEETING. Mayor Pro Tem Bledsoe abstained from voting on the August 21, 2012 City Council meeting minutes. Council member Al Zito abstained from voting on the August 14, 2012 Joint City Council and SPIN Standing Committee meeting. 4B. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4C. APPROVE RENEWAL OF AN AMENDMENT TO THE FACILITIES UTILIZATION AGREEMENT WITH DRAGON YOUTH FOOTBALL. REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 3 of 20 4D. APPROVE ANNUAL PURCHASE AGREEMENT WITH MANNING CONCRETE SAWING THROUGH AN INTERLOCAL AGREEMENT WITH CITY OF GRAPEVINE. 4E. APPROVE ANNUAL PURCHASE AGREEMENT WITH TX! THROUGH AN INTERLOCAL AGREEMENT WITH THE CITY OF GRAPEVINE. 4F. APPROVE AMENDMENT NO. 1 FOR THE ENGINEERING SERVICES AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC. FOR THE 2030 MOBILITY PLAN IN THE AMOUNT OF $3,500. 4G. ORDINANCE NO. 1045 (CP12 -003), 1 ST READING, LAND USE PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL AND RETAIL COMMERCIAL TO PUBLIC PARK/OPEN SPACE ON PROPERTY DESCRIBED AS TRACTS 1C3, 2B, 2A2, 2A, 3C1, 3C1A AND 3D1, L.G. HALL SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 285, 315 AND 379 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: CS - COMMUNITY SERVICE DISTRICT. SPIN #7. 4H. ORDINANCE NO. 1044, 1 ST READING, APPROVE BICENTENNIAL PARK MASTER PLAN. 41. ORDINANCE NO. 480 -KKKK, 1 ST READING, AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO NONCONFORMING USES AND NONCONFORMING STRUCTURES. 4J. ZAl2 -057, SITE PLAN FOR BICENTENNIAL PARK PHASE II PROPERTY DESCRIBED AS TRACTS 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2B1, 3C, 3C12, 3C1A, 3D, 3D1, 3D1A, 3D6, L.G. HALL SURVEY, ABSTRACT NO. 686 AND LOT 2R2, L.B.G. HALL NO. 686 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED NORTH OF WEST SOUTHLAKE BOULEVARD BETWEEN SHADY OAKS DRIVE AND NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING IS "CS" COMMUNITY SERVICE DISTRICT. SPIN #7. APPLICANT REQUESTED TO TABLE ITEM TO SEPTEMBER 18, 2012 4K. ORDINANCE NO. 1039 (CP12 -001), 1 ST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS LOT 5, DRAKE ESTATES ADDITION, LOT 3, AND A PORTION OF LOTS 4 AND 5, TIMBERLINE ESTATES, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 360 RANDOL MILL AVENUE, 2405 JOHNSON ROAD, 235 TIMBERLINE LANE, AND 245 TIMERLINE LANE, SOUTHLAKE, TARRANT COUNTY, REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 4 of 20 TEXAS. CURRENT ZONING: SF -1A — SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. APPLICANT WITHDREW REQUEST. 4L. ORDINANCE NO. 480-622 (ZAl2 -044), 1 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR THE PINES, ON PROPERTY DESCRIBED AS LOT 5, DRAKE ESTATES ADDITION AND LOT 3, TIMBERLINE ESTATES ADDITION AND A PORTION OF LOTS 4 AND 5, TIMBERLINE ESTATES ADDITION CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 360 RANDOL MILL AVENUE, 2405 JOHNSON ROAD, 235 AND 245 TIMBERLINE LANE, SOUTHLAKE, TEXAS. CURRENT ZONING IS "SF- 1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING IS "TZD" TRANSITION ZONING DISTRICT. SPIN #11. APPLICANT WITHDREW REQUEST. A motion was made to approve the consent agenda as read. Mayor Pro Tem Bledsoe abstained from voting on the August 21, 2012 City Council meeting minutes. Council member Al Zito abstained from voting on the August 14, 2012 Joint City Council and SPIN Standing Committee meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum and asked for anyone wishing to speak to come forward. Mr. Jonathan Snook, 3545 Carmel Court, commented on field use agreements regarding allocation of fields to the citizens of the community. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 5 of 20 6A. ORDINANCE NO. 480-619 (ZAl2 -007), 2 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. PUBLIC HEARING APPROVED Planner I Daniel Cortez presented items 6A and 6B and was available to answer questions. Mr. Cortez's presentation included: future land use map; existing land use; current zoning; aerial views; site plan; proposed SP -1 regulations; requested variances; south elevation; tree preservation plan; landscape plan; preliminary plat; and the Kimball Crooked Land Use Plan; 2025 Master Thoroughfare Plan; site plan and elevations for case ZAl2 -008. The Planning and Zoning Commission at their August 9, 2012 meeting approved ZAl2 -007; subject to site plan review summary No. 4, dated August 1, 2012 with the two requested variances; (1) reduction in the 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. The Commission also approved ZAl2 -008; subject to site plan review summary No. 4, dated August 1, 2012. Mr. Konstantine Bakintas, 4550 State Highway 360, 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 Ordinance No. 480 -619, Nolen Office Park, approving two variances: (1) to reduce the driveway stacking depth reduction from 75 feet to 50 feet and (2) reduce the driveway separation from the Village Center intersection at South Nolen Drive from 200 feet to 150 feet; subject to sidewalk escrow agreement to be in place for Village Center Drive and in the event that Village Center Drive is constructed and City of Southlake staff deems necessary that the City could in the future change the Nolen entrance from a right in right only; noting that the wall located on Nolen Center Drive will be landscaped and of complementary stone; additional landscaping materials to the north, east and south elevations to the building to be similar styles and complementary to the existing landscape plan; regarding tree mitigation requirement the applicant will be providing a minimum of 4 -inch caliper trees; and subject to site plan review summary No. 5, dated August 15, 2012. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 6 of 20 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.996 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6B. ZAl2 -008, PRELIMINARY PLAT FOR LOTS 1 AND 2, BLOCK 1, NOLEN OFFICE PARK ADDITION, ON PROPERTY DESCRIBED AS TRACTS 11 AND 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 300 S. NOLEN DR., SOUTHLAKE, TEXAS. CURRENT ZONING: AG - AGRICULTURAL DISTRICT. APPROVED This item was presented in conjunction with item 6A. A motion was made to approve ZAl2 -008, preliminary plat for Lots 1 and 2, for the Nolen Office Park subject to site plan review summary No. 5, dated August 15, 2012. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 7 of 20 6C. ORDINANCE NO. 480 -564A (ZAl2 -066), 2 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 3B2 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 #3. 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 plan and existing land use; current zoning; aerial view; and proposed regulations. The Planning and Zoning Commission, at their August 9, 2012 meeting approved request; subject to site plan review summary No. 2, dated August 1, 2012, with the exception of item 3 of the proposed regulations: Instead of allowing the 2nd 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 -ft. from the front fagade of the building to the filing. The front fagade zone of a minimum 20% of any detached product of the setback shall be at least 2.5 -ft. from the front fagade of the building. Applicant representative Jeff Kennemer, 5215 North O'Conoor Boulevard, Suite 635, Irving presented request and was available to answer questions. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -564A, zoning change and development plan for Carillon; subject to site plan review summary No. 2, dated August 1, 2012. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito 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; REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 8 of 20 GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 3 AND 4A1 SITUATED IN THE A. CHIVERS SURVEY ABSTRACT NO. 299 AND TRACTS 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1AND 3B2 SITUATED IN THE L. CHIVERS SURVEY ABSTRACT NO. 300, BEING APPROXIMATELY 285 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "ECZ" EMPLOYMENT CENTER ZONING DISTRICT TO "ECZ" EMPLOYMENT CENTER ZONING DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN AND INCLUDING THE USES AND DEVELOPMENT STANDARDS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6D. ZAl2 -054, SITE PLAN FOR ALLIANCE OFFICE SYSTEMS ON PROPERTY DESCRIBED AS LOT 1, BLOCK A, BRIARWOOD ESTATES PHASE 1, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 469 CHERRY LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "0 -1" OFFICE DISTRICT. SPIN #4. PUBLIC HEARING APPROVED Planner I Daniel Cortez presented item and was available to answer questions. Mr. Cortez's presentation included: future land use; existing land use; current zoning; aerial view; site data summary; site plan; building elevations; landscape plan; requested variances; and escrow for sidewalk. The Planning and Zoning Commission, at their August 23, 2012 meeting, approved request subject to staff report No. 3, dated July 5, 2012; granting the variance for 34% existing tree canopy, noting that any canopy tree cover will require 50% at 4 -inch caliper and none less than 2 -inch caliper; granting the variance for 30 -foot front yard setback; accepting the funds for future sidewalk construction be placed in escrow; subject to the addition of door and walkway on west elevation for a more residential look facing Cherry Lane; and, noting the applicant will connect to sewer once it becomes available through the development of the adjacent property to the east. Applicant representative Don Harris, 805 Talbot, Keller was available to answer questions. In response to Council member Morris' question, Mr. Harris informed Council he is agreeable to increase the size of tree plantings to four -inch caliper; replace Yaupon REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 9 of 20 Holly with Nellie R. Stevens Holly; addition of two similar trees (live oaks) on the north side; and to center the entrance feature on Cherry Lane. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZAl2 -054, site plan for Alliance Office Systems; noting the following variances: (1) applicant will be replacing mitigated trees with the minimum of four -inch caliper, (2) the front yard setback will be 30 feet and (3) noting the applicant will escrow funds for the minimum five -foot sidewalk and the City will provide applicant a six month notice to commence construction and in the event access is not available on site that the applicant will provide a pedestrian access agreement to the City of Southlake; and noting the following: applicant will center the left elevation (Cherry Lane elevation) entrance feature and in the event that causes an articulation variance, it is so noted and recommended for approval; Nellie R. Stevens Holly will replace Yaupon Holly's located on the north boundary elevation to be planted on 15 foot centers and eliminating the Juniper requirement; applicant will install two additional live oak trees on the northeast corner to be centered in the open area noted on the site plan and evenly spaced; and subject to the site plan review summary No. 4, dated August 28, 2012. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 6E. ZAl2 -073, SITE PLAN FOR SOUTHLAKE ITALIAN RESTAURANT ON PROPERTY DESCRIBED AS LOT 3, GREENWAY - CARROLL ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1281 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING IS "C -3" GENERAL COMMERCIAL DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Planner I Daniel Cortez presented item and was available to answer questions. Mr. Cortez's presentation included: future land use designation; zoning; aerial views; site plan; elevations; and requested variance. The Planning and Zoning Commission, at their August 9, 2012 meeting, approved the request subject to site plan review summary No. 1, dated August 17, 2012, and granting the variance request for 71 parking spaces as opposed to the required 72 spaces. Applicant representative Juan Flores presented request and was available to answer questions. REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 10 of 20 Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZAl2 -073, site plan for Southlake Italian Restaurant; noting the variance of one parking space from 72 to 71; pursuant to site plan review summary No. 1, dated August 17, 2012. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 6F. ORDINANCE NO. 480 -623 (ZAl2 -067), 2ND 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. 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 designation; 2030 Land Use Plan; aerial views; renderings; concept plan and phase 1 of site plan; photometric plan; elevations; tree preservation plan; landscape plan; and reviewed items discussed at first reading to be addressed by applicant. The Planning and Zoning Commission approved the request; subject to the concept/site plan review summary No. 2 dated August 3, 2012 with a note that this will be a full service hotel, and full service shall include a restaurant with lounge, 24/7 room service, at least 5,000 square feet of contiguous meeting space, a swimming pool, fitness center, business center, bell service and shuttle service to and from Dallas Fort Worth Airport. Also, the dumpster needs to be located contiguous to commercial zoning instead of residential zoning and approving the variances requested 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. Applicant representative Jeff Medici presented the request, which included a detailed review of items discussed at first reading. Mr. Jack Arnold with Adams Engineering was present to address questions. Council, staff and applicant had considerable discussion regarding the proposed request. REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 11 of 20 Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. John Reynal, 204 Westwood Drive, advised that he was not contacted by the applicant. He also spoke to the City's noise ordinance and compliance with the ordinance; lighting plan for the development; size of hotel rooms; concept plan; and hotel that will be located at site. Ms. Katrina Boswell, 577 Cherry Lane, advised that she is concerned with the late night music from the hotel. Mr. Ryan Smith, 1532 Main Street, spoke in support of the request. Mr. Randy Robbins, 1710 Bur Oak Drive, spoke in support of the request. Mayor Terrell recessed the meeting at 10:28 p.m. Mayor Terrell reconvened the meeting at 10:44 p.m. Council and applicant discussed the size of the proposed hotel rooms and lighting. A motion was made to approve Ordinance No. 480 -623, zoning change and concept site plan for Victory Lane subject to the following stipulations: applicant will submit a drainage improvement plan to the Army Office Corps of Engineers regarding the 39 program; minimum square footage of rooms will be 325 square feet; minimum pool area will be 1,000 square feet, including in the pool area will be a fire place and an eight (8) foot masonry wall for sound and mitigation purposes on the western boundary; project will include as noted on the building site plan a fitness center of a minimum of 700 square feet and to include aerobic machines, weights, and weight lifting equipment; property will offer daily housekeeping at no additional charge; 24 -hour staff will be available for check in, check out, maintenance and other service needs; conference center located to the north of hotel will be deemed an amenity of the hotel; consideration for certificate of occupancy for the hotel will also be that the conference center and track will be made available for occupancy and operation at the time the hotel opens (conference center and track will be an integral operation of the hotel and deemed to be one facility); applicant will create a ground level Bose type sound system in the pool area for sound mitigation purposes; sound system will be shut off no later than midnight and any outdoor music will be discontinued after midnight; 10% of the hotel rooms will be deemed executive and have a minimum square footage of 525 square feet and will be noted with an additional amenity package (example, executive level type amenities — points and rewards system or other type incentives noted for those rooms); hotel will have four suites, which will have minimum square footage of 800 and proposed to have one suite on each floor; applicant has proposed a shuttle system that will be made available to both airport and Southlake Town Square; masonry walls will be constructed of concrete walls, provided they are textured type material, but not a ribbon or stucco; deliveries to the property will be limited between 7:00 a.m. and REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 12 of 20 7:00 p.m.; applicant will provide room amenities as indicated in item 16 in presentation to Council, with notation that any type kitchen facilities, kitchenettes or stove -type amenities will be specifically precluded as available to any rooms in the hotel; room service will be made available at a minimum, between 6:00 a.m. and 11:00 p.m.; loading facility on western boundary will have a ten (10) foot masonry wall or complementary building materials to the building for sound and screening purposes for docking and loading as noted on the site plan; all aspects of the City of Southlake's lighting ordinance will be adhered to in the development; approving requested variances for the stacking depth of the North Kimball Avenue Drive to 17.6 feet and the driveway on State Highway 114 to 34.2 feet; applicant will work to provide a curb cut along Kimball Avenue Drive at the adjoining property owner's parcel (John Eubanks) if it is deemed mutually beneficial to the property owners along Kimball that we will allow the curb cut, known as the "JTE curb cut ", in the site plan that was presented tonight; hotel restaurant will be full service (three -meal restaurant); applicant's presentation and concept of larger trees will be presented in the locations noted in tonight's presentation to be a minimum of six (6) inch caliper; pursuant to site plan review summary No. 4, dated August 29, 2012; application to be consistent with S -P -2 regulations as presented, unless in conflict with the motions that are part of this recommended approval; sidewalk along State Highway 114 will be eight (8) feet; subject to the site plan presented to Council tonight; and that discussions are consistent with the presentations the applicant made to Council at first and second reading. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Morris, :Muller, Schelling, Terrell, Wang, Zito 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 3A1A AND 3A2A, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 15.52 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "1 -1" LIGHT INDUSTRIAL DISTRICT TO "S -P -2" GENERALIZED SITE PLAN 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 REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 13 of 20 PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6G. ORDINANCE NO. 1042, 2 READING, ADOPT AN ORDINANCE REGULATING THE INSTALLATION, REPAIR AND MAINTENANCE OF UTILITY AND TELECOMMUNICATIONS FACILITIES WITHIN THE RIGHT -OF- WAY. PUBLIC HEARING APPROVED City Manager Shana Yelverton presented item and was available to answer questions. A motion was made to approve Ordinance No. 1042, regulating the installation, repair and maintenance of utility and telecommunications facilities with the right -of -way. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE REGULATING THE INSTALLATION, REPAIR AND MAINTENANCE OF UTILITY AND TELECOMMUNICATIONS FACILITIES WITHIN THE RIGHT -OF- WAY IN THE CITY OF SOUTHLAKE, TEXAS; REQUIRING REGISTRATION AND A UTILITY CONSTRUCTION PERMIT; PROVIDING FOR REVOCATION AND APPEAL PROCEDURES; PROVIDING FOR THE FILING OF A MAP AND PLANS BY RIGHT - OF -WAY USERS; PROVIDING FOR THE PROTECTION OF THE SAFETY AND CONVENIENCE OF THE PUBLIC; PROVIDING FOR THE RESTORATION OF THE PUBLIC RIGHT -OF -WAY; 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 MANNER AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE DATE. 6H. ORDINANCE NO. 1030, 2ND READING, MASTER STORM WATER PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN. PUBLIC HEARING APPROVED City Manager Shana Yelverton presented item and was available to answer questions. A motion was made to approve Ordinance 1030, Master Storm Water Plan, a component of the Southlake 2030 Comprehensive Plan. REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 14 of 20 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE STORM WATER MASTER PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. 61. 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 Director of Finance Sharen Jackson presented Items 61, 6J, 6K, 6L, and 6M and was available to answer questions from Council. A motion was made to approve the 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: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 6J. ORDINANCE NO. 1046, 1 READING, APPROVE AND ADOPT THE ANNUAL BUDGET FOR THE FISCAL YEAR 2013 AND APPROVE THE REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2012 AND MULTI -YEAR CAPITAL IMPROVEMENTS PROGRAM. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON SEPTEMBER 18, 2012.) APPROVED This item was presented in conjunction with item 61. A motion was made to approve Ordinance No. 1046, adopting the Annual Budget for Fiscal Year 2013 and approve the revised budget figures for Fiscal year 2012 and Multi- year Capital Improvements Program. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 15 of 20 6K. ORDINANCE NO. 1047, 1 ST READING, TAX LEVY ORDINANCE. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON SEPTEMBER 18, 2012.) APPROVED This item was presented in conjunction with item 61. A motion was made to approve Ordinance No. 1047. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 6L. ADOPT THE FISCAL YEAR 2013 CRIME CONTROL AND PREVENTION DISTRICT OPERATING BUDGET AND MULTI -YEAR CAPITAL IMPROVEMENTS PROGRAM. PUBLIC HEARING APPROVED This item was presented in conjunction with item 61. A motion was made to adopt the Fiscal Year 2013 Crime Control and Prevention District Operating Budget and Multi -Year Capital Improvements Program. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 6M. ORDINANCE NO. 1048, 1ST READING, APPROVE AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR A RESIDENTIAL HOMESTEAD PROPERTY TAX EXEMPTION. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON SEPTEMBER 18, 2012.) APPROVED This item was presented in conjunction with item 61. A motion was made to approve Ordinance No. 1048, providing for a residential homestead property tax exemption. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 16 of 20 6N. ORDINANCE NO. 1043, 2ND 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 N. KIMBALL AVENUE. PUBLIC HEARING APPROVED City Manager Shana Yelverton presented item and was available to answer questions. A motion was made to approve Ordinance No. 1043, 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. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 In accordance with Section 421 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -79 OF THE SOUTHLAKE CITY CODE TO ESTABLISH A NEW SPEED LIMIT ON A PORTION OF NORTH KIMBALL AVENUE WITHIN THE CITY OF SOUTHLAKE; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 60. ORDINANCE NO. 480 -624 (ZAl2 -064), 2ND 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. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented items 60 and 6P. Mr. Baker's presentation included: future land use and existing land use; current zoning; aerial views; preliminary plat; site plan; floor plan; building elevations; architectural renderings; tree preservation plan; and 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 1, 2012 and applicant entering into an avigation easement with the City of Southlake. The Council, at their August 21, 2012 meeting, REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 17 of 20 approved first reading and asked applicant to provide additional details on the amenities. Applicant representative David Keener presented request and was available to answer questions. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Ms. Nancy Jackson, 1240 Post Oak Trail, spoke in support of request. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -624, zoning change and site plan for Silver Ridge Assisted Living; noting that along the western property boundary that surrounds the assisted living area, the applicant will install a 48 -inch wrought iron fence with stone columns on 25 -foot spacing intervals; applicant will provide a standing seam - type metal roof in lieu of a composition roof presented at the Council meeting and that the roof will have a neutral - metallic type color; in lieu of hardiplank type building materials the applicant will utilize either stucco or natural cedar shingle elements; applicant will also offer as an amenity to residents a hydrotherapy amenity which will be included in an indoor aspect of the facility; as presented by applicant to include the • fencing area around the memory care, the additional porch and shade elements on the western property; pursuant to the site plan review summary No. 2, dated August 1, 2012; and the natural areas (natural trail) on the eastern boundary of the pond will be decomposed granite and accessible to the public; and accepting of the S -P -1 regulations as proposed, which otherwise may not be in conflict with discussion tonight. 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: 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 THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, TRACT 3B, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 5.221 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 18 of 20 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. 6P. ZAl2 -065, PRELIMINARY PLAT FOR SILVER RIDGE ADDITION, ON PROPERTY DESCRIBED AS TRACTS 3A04, 3C01, 3B, AND 3D, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 600, 640, 650, AND 660 N. KIMBALL AVE. CURRENT ZONING: AG- AGRICULTURAL DISTRICT AND NR -PUD- NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT. APPROVED This item was presented in conjunction with item 60. A motion was made to approve ZAl2 -065, preliminary plat for Silver Ridge Addition, noting the public access to the decomposed granite trail on the western property surrounding the pond and pursuant to site plan review summary No. 2, dated August 1, 2012. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Schelling, Terrell, Wang, Zito Nays: Muller Approved: 6 -1 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA) 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 12:47 a.m. REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 19 of 20 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 4 o7 John Terrell „%t o �T ,,, ,, Mayor ATTEST: ,,......... „A ` 0: 5 ... 4 Alicia Richardson City Secretary *9 REGULAR CITY COUNCIL MEETING MINUTES, September 4, 2012 Page 20 of 20