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2003-08-19 City of Southlake CITY COUNCIL MEETING MINUTES August 19, 2003 CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer and Tom Stephen. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Director of Public Safety Rick Black, Director of Community Services Malcolm Jackson, Chief of Police Marlin Price, Deputy Director of Administrative Services Garland Wilson, Director of Human Resources Kevin Hugman, City Attorney E. Allen Taylor, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:35 p.m. City Council reviewed the agenda items with city staff and applicants. Council added the following agenda items to the consent agenda: Items 8A, 8B, 8C, 8D, 9A, 10A, and 10B. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:13 p.m. Agenda Item No. 2A, Executive Session: Mayor Wambsganss announced that the 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; Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:13 p.m. Executive Session began at 6:20 p.m. and ended at 7:15 p.m. Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:24 p.m. He asked if there was any action required as a result of the executive session. Motion was made to acquire the Perry easement by any means up to and including condemnation of the property. Motion: Standerfer Second: Potter Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 3: The invocation was presented by Keith Luttrell, Southlake Boulevard Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 1 OF 13 Agenda Item No. 4, Reports: A. Mayor's Report: The Mayor presented information regarding upcoming meetings and events. The Mayor presented a proclamation to Larry Ellis of Tarrant County Challenge, Inc., for National Alcohol and Drug Addiction Recovery Month. B. City Manager's Report: There was no report. Mayor Wambsganss read the consent agenda items into the record. CONSENT AGENDA: 5A. Approve the minutes of the regular City Council meeting held on August 5, 2003. Approved as presented. 5B. Approve an amendment to TIF Participation Agreement with Tarrant County. Director of Finance Sharen Elam presented this item to Council during the work session. The original participation agreement in 1998 stated that Tarrant County would contribute the annual tax increment produced from property located in the reinvestment zone, up to a maximum cumulative deposit of $4,664,000 to the Tax Increment Fund. The agreement also provided for the County to have an interest of 20% usage and title ownership of the planned Town Hall government building. This amendment will increase their usage and title ownership of Town Hall to 25% with a total maximum cumulative deposit of $6,864,000. This amendment brings an additional $2,200,000 in TIF funding, however, it also reduces the City's ownership of Town Hall from 80% to 75% (currently we are operating approximately 75% of the facility). Tarrant County Commissioners are scheduled to vote on this amendment on August 26. Council approval of this item is subject to the County's approval of Items 5B, 5C, and 5D. 5C. Authorize conveyance of interest in Town Hall site to Tarrant County. Director of Finance Sharen Elam presented this item to Council during the work session. This agenda item is related to items 5B and 5D. This is the formal action to approve conveyance of 25% fee simple interest of Town Hall to Tarrant County. Council approval of this item is subject to the County's approval of Items 5B, 5C, and 5D. 5D. Approve Interlocal Agreement with Tarrant County for Town Hall. Director of Finance Sharen Elam presented this item to Council during the work session. This agreement outlines the specific details as to usage, and operation of the Town Hall government building. As previously mentioned, we will have joint ownership with Tarrant County with a 75/25 split. Operational and capital cost will be allocated in the same proportion as we share ownership (75/25). Except for emergency expenditures, expenditures for capital expenses in excess of $25,000 shall not be made without approval of the governing bodies of the City and the County. The Finance Department has invoiced and Tarrant County has paid 25% of the operational costs related to Town Hall for 2001 and 2002 fiscal years (approximately $98,000 total for both years) in anticipation of this interlocal agreement. Council approval of this item is subject to the County's approval of Items 5B, 5C, and 5D. 5E. Resolution No. 03 -065, Appoint members to the Crime Control and Prevention District Board. There are four Crime Control and Prevention District Board positions that expire September 1, 2003. Council appointed Martin Schelling, Pam McCain, Frank Pittman, CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 2 OF 13 and Lou Ann Heath to fill these four positions with terms to expire September 2005. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. 5F. Resolution No. 03 -066, Appoint two alternate members to the Senior Advisory Commission. In 1996, Ordinance No. 653 established the Senior Advisory Commission and was amended in 1998 by Ordinance No. 653 -A which added two alternate members to the Commission. It was discovered after the July 29, 2003, appointments were made by City Council that the City Secretary's Office did not have record of Ordinance No. 653 -A, and therefore, the alternate positions were not filled at that time. The City Secretary's Office has prepared Resolution No. 03 -066 for Council's appointment of two alternates. Council appointed Cleta Pierce as Alternate #1 and Jean Boland as Alternate #2 with terms to expire May 2004. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING TWO ALTERNATE MEMBERS TO THE SENIOR ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. 5G. Approve an addendum to 2003 Facilities Utilization Agreement with Grapevine - Southlake Soccer Association. Director of Community Services Malcolm Jackson presented this item to Council during work session. With the construction of the new facility at Bob Jones Park, a need exists for an interim concession agreement to provide the Grapevine Southlake Soccer Association (GSSA) the opportunity to offer concession sales during the 2003 fall season. A concessions agreement does not exist within the current Facilities Utilization Agreement between the City of Southlake and GSSA. As indicated, the proposed addendum remains valid only through the upcoming Fall season to allow the Concessions Task Force time to review and make recommendations prior to the 2004 seasons. As part of the proposed addendum, the City reserves the right to utilize the concession stand when not in use by GSSA and modifications to the structure are strictly prohibited without the express written consent of the Director of Community Services. The City holds responsibility for utilities (water and electric) and structural and mechanical maintenance. The proposed addendum is consistent with the concession agreements currently in place between the City and the baseball and softball associations. The President of the Grapevine Southlake Soccer Association reviewed and accepted the proposed addendum. The Parks and Recreation Board considered this item and recommended approval at their August 11, 2003, meeting. 8A. Ordinance No. 480 -231b, (ZA03 -033), 1 Reading, Zoning Change and Site Plan for Medical Air Services. Senior Planner Dennis Killough presented this item to Council during work session. This property is located at 1250 West Southlake Boulevard (FM 1709), east of the Southridge Lakes amenity center. The purpose of this request is to amend the current S -P -1 zoning to allow a covered deck and balcony along the west side of the building and 13' - 5" building setback for the deck structure only. All other uses and regulations for the S -P -1 zoning will remain unchanged. The purpose for the deck CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 3 OF 13 structure is to provide a covered break and lunch area for employees. The Planning and Zoning Commission recommended approval subject to the review summary. 8B. Ordinance No. 480 -425, (ZA03 -052), 1 Reading, Zoning Change for Tracts 2B & 2C, C. Dart Survey, Abstract No. 2003. Senior Planner Dennis Killough presented this item to Council during work session. This property is located at the southwest corner of West Dove Road and North Peytonville Avenue. This site is approximately two acres. The current zoning is AG and the requested zoning is SF -1A. Each tract currently has an existing single family residence on it. Although a plat has not been submitted yet, it is staffs understanding based on discussions with the applicant that they intend to combine an adjoining narrow strip of property on the south that is already zoned SF -1A with this property, remove the existing residences, plat, and build two new residences. By doing this, after required right -of -way is dedicated for both Dove and Peytonville, each lot should have a net one acre of land or more. The Planning and Zoning Commission recommended approval as presented. 8C. Ordinance No. 480 -330b, (ZA03 -057), 1 Reading, Zoning Change and Site Plan for Carroll ISD No. 6 Addition. Senior Planner Dennis Killough presented this item to Council during work session. The purpose of this request is to revise the fencing and bufferyard requirement along the west property boundary of Dragon Stadium. With the approval of the additional seating and parking revision to accommodate the Dallas Burn, an 8' wall and bufferyard were required along the common boundary with Mr. Kaposta. The school and Mr. Kaposta have come to an agreement to eliminate the wall and leave the natural vegetation intact along his boundary. There are no other changes proposed. All other conditions of the previous approval are to remain in affect. The Planning and Zoning Commission recommended approval of the requested site plan change waiving the screening and plant requirements in the west bufferyard adjacent to Mr. Kaposta, but requiring that the CISD maintain the existing vegetation in perpetuity. 8D. Ordinance No. 854, 1 Reading, Amend Chapter 12, Section 77, of the Southlake City Code to increase the number of members on the Park and Recreation Board from seven to nine, adding places eight and nine. Director of Community Services Malcolm Jackson presented this item to Council during work session. The recent appointments to the Park and Recreation Board increased the total number of places from seven to nine. Chapter 12 of the Southlake City Code allows for no more than seven members. In order to modify the existing Park Board structure to coincide with the recent appointments, approval of a new Ordinance No. 854 is required. The proposed ordinance will increase the number of Park and Recreation Board members from seven to nine, with four places expiring in 2004, and five places expiring in 2005. 9A. Resolution No. 03 -062, Authorize the Board of Directors to revise the Bylaws of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, Article II, Section 3: Regular Meetings; and Article II, Section 6: Conduct of Business. Assistant to the City Manager John Eaglen presented this item to Council during work session. The proposed Bylaw amendments are the following: 1) Article II: Board of Directors; Section 3: Regular Meetings - These are housekeeping amendments that provide for flexibility in scheduling regular meetings (by minute order versus resolution) and provides for standard and consistent notification procedures for regular and special or emergency meetings (proposed Section 3 wording already exists in Article II, Section 4); and, 2) Article II: Board of Directors; Section 6: Conduct of Business - The duties of the CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 4 OF 13 Secretary and the City Secretary are identical, and for tracking purposes there are benefits to having the City Secretary perform the Secretary function of the TIRZ Board of Directors. These amendments were brought forward last year in conjunction with a request from Cooper and Stebbins to consider increasing the City Council's appointees to the Board of Directors to include a representative from the Town Square developer. During consideration of this item at their August 6, 2002, meeting, the Board of Directors elected to not make a request to the City Council to revise the Bylaws at that time. At their January 21, 2003, meeting, during consideration of electing officers for the coming year, the Board of Directors requested that staff bring forward the proposal regarding the City Secretary in order to streamline the secretarial function. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, TO AUTHORIZE THE BOARD OF DIRECTORS TO REVISE THE BYLAWS OF THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF SOUTHLAKE, TEXAS, PROVIDING AN EFFECTIVE DATE. 10A. Consider a conditional sign permit for Southlake Town Square, Block 23, under Section 6.A of Sign Ordinance No. 704 -A. Deputy Director of Administrative Services Garland Wilson presented this item to Council during work session. Frank Bliss, representing Southlake Town Square, is requesting a conditional sign permit for Block 23 of Southlake Town Square located at the northeast corner of East Southlake Boulevard and Summit Avenue. The provisions of the requested permit would duplicate those of the existing conditional permit for Southlake Town Square, Phase I. 10B. Consider a conditional sign permit for Gateway Plaza, Phase II, Lot 1R5, Block 1., located at 2550 East Southlake Boulevard under Section 6.A of Sign Ordinance No. 704 - A. Deputy Director of Administrative Services Garland Wilson presented this item to Council during work session. Terry Wilkinson of Wyndham Properties II Ltd., on behalf of Gateway Plaza II, is requesting approval of a conditional sign permit for Lot 1R5, Block 1, Gateway Plaza II. This permit would duplicate the provisions of the existing Gateway Plaza II conditional permit. Motion was made to approve Items 5A; 5B; 5C; 5D; 5E, appointing Frank Pittman, Martin Schelling, Lou Aim Heath, and Pam McCain with terms to expire September 2005; 5F appointing Cleta Pierce as Alternate #1 and Jean Boland as Alternate #2 with terms to expire May 2004; 5G; 8A subject to Site Plan Review Summary No. 4, dated August 1, 2003; 8B; 8C subject to P &Z's recommendation; 8D; 9A; 10A; and 10B. Motion: Standerfer Second: Shankland Items 5A; 5B; 5C; 5D; 5E, 5F; 5G; 8A; 8B; 8C; 9A; 10A; and 10B: Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Wambsganss Nays: None Approved: 7 -0 Item 8D: Ayes: Shankland, Morris, Potter, Wambsganss CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 5 OF 13 Nays: Evans, Standerfer, Stephen Approved: 4 -3 REGULAR AGENDA: Agenda Item 6. Public Forum. No one spoke. Councilmember Tom Stephen abstained from Agenda Item 7A (ZA03 -020) and left the room for the discussion. Agenda Item 7A. Ordinance No. 480 -420 (ZA03 -020) 2nd Reading, Zoning Change and Concept Plan for Chapel Hill Office Park. Senior Planner Dennis Killough presented this item to the Council. This property is located at 205 East Southlake Boulevard (FM 1709). The current zoning is AG, the requested zoning is S -P -2, with 0-1 office district uses and regulations. The Planning and Zoning Commission recommended denial on June 5, 2003. The property owner to the east is also in opposition to this request. This opposition accounts for approximately 26% of the surrounding property area within 200' of the site. Due to the recommendation for denial by the Planning and Zoning Commission and opposition in excess of 20% of the surrounding properties within 200', the affirmative vote of at least 314 of the members of the City Council (6 of 7) is required to approve this request. The City Council approved the first reading on June 17, 2003, subject to review summary and granting the requested variances. The following changes have been made to the plan since the first reading approval: eliminated one building along the west side of the property (total of seven buildings now proposed); building coverage reduced by approximately 5,800 SF; total floor area reduced from 55,600 SF to 54,800 SF (800 SF decrease); and two buildings along the south property boundary changed to two story. Applicant Steve Isbell, Realty Capital Corporation, 32 Village Lane, Suite 200, Colleyville, Texas, addressed Council's questions. Council discussed concerns regarding the location of the open space and future maintenance of the interior streets and driveways. Applicant Richard Myers, 32 Village Lane, Suite 200, Colleyville, Texas, answered Council's questions relating to maintenance of the streets. No one spoke during the public hearing. Council discussed with the applicant the possibility of reworking the plan to re- distribute the green space throughout the development. The applicant agreed to table this item until the next meeting to allow for time to talk to various Councilmembers about their concerns. Mayor Wambsganss said the Council needs to think about how they want to handle similar developments in the future where there are buildings that do not front onto FM 1709 and the buildings are sold on individual lots within the development. Motion was made to table and to continue the public hearing to the September 2, 2003, Council meeting. Motion: Standerfer Second: Evans Ayes: Shankland, Morris, Standerfer, Potter, Evans, Wambsganss CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 6 OF 13 Nays: None Abstains: Stephen Approved: 6 -0 -1 Councilmember Stephen joined the meeting again. Agenda Item 7B. Ordinance No. 480 -421, (ZA03 -023), 2" Reading, Zoning Change and Development Plan for Estes Park. Senior Planner Dennis Killough presented this item to the Council. This 31.3 acre property is located on the south side of East Dove Street, 900' east of Ridgecrest Drive. The land use designation is Low Density Residential. The current zoning on the property is AG and the proposed zoning is RPUD. The Planning and Zoning Commission recommended approval subject to Development Plan Review Summary No. 4, dated July 11, 2003, specifically stipulating the approval of the plan containing 46 lots; that the perimeter fencing will be at least 6' high and made of wrought iron, with posts placed in such a way that it will preserve existing trees; a berm with appropriate ground cover will be installed in the lot owned by Paul and Marsanne Howard adjacent to those identified in the plan as lots 13 & 14 of Estes Park; subject to compliance with noise level reduction as specified in Ordinance 479; there will be a 20' buffer line installed along the north side of lot 14 as identified in the Estes Park plan; and within that buffer line, no trees will be removed. City Council approved the first reading of this request subject to the Planning and Zoning Commission's recommendation and acknowledged the uniqueness of this property and area. There has been no change to this proposal since the first reading approval. Applicant Paul Spain of Terra Land Development answered Council's questions. Mr. Spain agreed to work with Brazos Electric in researching possibilities to further screen that property from this development. He also asked Council for permission to develop this project in two phases; he needs time to pinpoint the exact location of the street stub to the east. Mayor Wambsganss opened the public hearing. Ron Cullum, 745 E. Dove Road, Southlake, Texas, spoke in support of this request. Marsanne Howard, 535 E. Dove Road, Southlake, Texas, spoke in support of this request and asked Council to make their approval subject to the recommendations of P &Z. Lee Dodson, 1020 Carroll Meadows Court, Southlake, Texas, spoke in opposition. He said he bought property in Southlake because of the one acre minimum. Harry Tharp, 1015 Carroll Meadows Court, Southlake, Texas. Spoke in opposition to this request. He submitted a letter and pictures depicting his concerns. He wants a net density of one dwelling unit per acre. Jay Koldus, 600 E. Dove Road, Southlake, Texas. Spoke in opposition to this request due to the number of homes, the lot sizes, the traffic congestion, and the drainage problems. Gwen Bennett, 650 E. Dove Road, Southlake, Texas. Spoke in opposition of this request because it is setting a precedent and is concerned about the housing standards. She does not have drainage problems today and is concerned that she will have future problems due to this development. CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 7 OF 13 Mayor Wambsganss read comment cards from the following people who are opposed, but do not wish to speak: Jim Porter, 285 E. Dove Road, Southlake, Texas; Richard C. Mauk, Jr., 1010 Carroll Meadows Court, Southlake, Texas; Mike Munoz, 1000 Carroll Meadows Court, Southlake, Texas; Paul Soulier, 1005 Carroll Meadows Court, Southlake, Texas; and, Chris Gonser, 955 E. Dove Road, Southlake, Texas. Mayor Wambsganss read comment cards from the following people who are in support, but do not wish to speak: Traci Moore, 2135 N. White Chapel Boulevard, Southlake, Texas; Walt and Christine Estes, 597 E. Dove Road, Southlake, Texas; Julio and Rosie Foreman, 775 E. Dove Road, Southlake, Texas; Joan Lott, 2604 Day Court, Southlake, Texas; Lonnie Vann, 607 E. Dove, Southlake, Texas; Jerry and Patricia Gilliland, 680 E. Dove Road, Southlake, Texas; Eric and Julie Willoughby, 132 Graham Road, Rhome, Texas; Lanny M. Tate, 2120 N. Carroll Avenue, Southlake, Texas; Wayne and Charlene Frank, 700 Primrose, Southlake, Texas; and, Lou Cullum, 745 E. Dove Road, Southlake, Texas. Lee Ann Munoz, 1000 Carroll Meadows Court, Southlake, Texas. Spoke in opposition. Public Hearing closed. Paul Spain said he will put a minimum square footage on the houses of 4,000 square feet. He said he has worked very diligently with the adjacent property owners regarding drainage, and their goal is not to cause any additional drainage downstream. Mayor Wambsganss recognized the uniqueness of this particular property but said density is a major concern on the north side. He encouraged the residents who spoke in opposition to attend the 2025 Committee meetings to discuss future planning of the north side. Mr. Spain agreed to Council's request to reduce the number of lots on Dove Road by one lot and increase the number of lots on the west side by one lot in order to give a less dense appearance to the development from Dove Road. 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 A PORTION OF LOT 2, VANN ADDITION AND TRACTS 1A, 1A2, 1A2A, AND 1A1A, SITUATED IN THE A. CHIVERS SURVEY, ABSTRACT NO. 299, AND BEING APPROXIMATELY 31.321 ACRES, BEING APPROXIMATELY 105 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -20A" SINGLE FAMILY CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 8 OF 13 RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B"; SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -421 (ZA03 -023) 2nd Reading, subject to Development Plan Review Summary No. 5, dated July 30, 2003; subject to P &Z's recommendations; require a minimum house size of 4,000 square feet; reduce the number of lots on Dove Road by one lot and increase the number of lots on the west side by one lot; and require the pond to be a retention pond, not a detention pond. Motion: Potter Second: Evans Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7C. ZA03 -024, Preliminary Plat for Estes Park. Senior Planner Dennis Killough presented this item to the Council. This is the plat for agenda item 7B. There are no differences between the development plan submitted with the RPUD zoning request and the plat. For convenience of processing, the applicant has submitted a single plan that meets the application requirements for both items. The Planning and Zoning Commission recommended approval subject to the review summary and subject to the conditions of the zoning change approval of Case ZA03 -023. Motion was made to approve ZA03 -024 subject to Plat Review Summary No. 5, dated July 30, 2003, reducing the number of lots on Dove Road by one lot and increasing the number of lots on the west side by one lot. Motion: Standerfer Second: Evans Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7D. Ordinance No. 480 -423, (ZA03 -029), 2nd Reading, Zoning Change and Concept Plan for Stratfort Parc. Senior Planner Dennis Killough presented this item to the Council. This is a 14.6 acre property located on the west side of S. White Chapel Boulevard, 600' south of W. Southlake Boulevard (FM 1709). The land use designation is medium density residential, the current zoning is AG and SF -1A. The proposed zoning is SF -20A. The plan proposes 23 lots averaging ± 24,000 SF and a density of 1.6 DU /Ac. There are no variances requested. The P &Z recommended approval subject to the concept plan review and the City Council approved the first reading subject to the review summary. There have been no changes CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 9 OF 13 to this proposal since Council's approval on first reading. The applicant was present to answer Council's questions. No one spoke during the public hearing. 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 3L, 3M, 3N, 3N1 & 3N2, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 14.6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -20A" 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; 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. Motion was made to approve Ordinance No. 480 -423 (ZA03 -029) 2 Reading, subject to Concept Plan Review Summary No. 3, dated June 13, 2003. Motion: Potter Second: Stephen Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7E. ZA03 -040, Preliminary Plat for Stratfort Parc. Senior Planner Dennis Killough presented this item to the Council. This is the plat for Agenda Item 7D. The Planning and Zoning Commission recommended approval subject to the review summary. Motion was made to approve ZA03 -040 subject to Plat Review Summary No. 2, dated June 13, 2003. Motion: Standerfer Second: Potter Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7F. Resolution No. 03 -067, (ZA03 -053), Specific Use Permit for the sale of alcoholic beverages at Baja Fresh Mexican Grill. Senior Planner Dennis Killough presented this CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 10 OF 13 item to Council. This property is located at 2707 East Southlake Boulevard (FM 1709), Suite 100, at the southeast intersection of South Nolen Drive and East Southlake Boulevard just north of Ultimate Electronics. The Planning and Zoning Commission recommended approval for the term of the applicant's lease. The General Manager of Baja Fresh answered Council's questions. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF PORTION OF LOT 1, BLOCK A, SHAFER PLAZA XXV ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A," AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -067 (ZA03 -053) for the term of the lease up to 10 years. Motion: Standerfer Second: Stephen Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Wambsganss Nays: None Approved: 6 -0 (Mayor Pro Tem Evans was out of the Council Chambers for the vote on Agenda Item 7F.) Mayor Wambsganss called for a break at 9:16 p.m. and reconvened the meeting at 9:32 p.m. Agenda Item 7G. Ordinance No. 717 -D, 2nd Reading, Amend Ordinance No. 717; designating the speed limit within the Park Place Addition as 25 mph. Deputy Director of Public Works Charlie Thomas presented this item to the Council. The Public Works Department has received a petition of request from the Park Place Homeowners Association for the City Council to consider reducing the speed limit in the Park Place Addition to 25 mph. The petition includes the signatures of 79.5% of the property owners in the Park Place Addition. Historically, the City Council has requested that a minimum of 75% of property owners in the subdivision petition the City Council for a change in the speed limit. The Park Place Addition is located on the east side of South Peytonville Avenue south of and adjacent to Carroll High School. The cost of changing the speed limit will be in the range of $400 to $600, depending upon the number of signs needed. Funds for this project are available in the current street maintenance operating budget. Staff recommends that Council approve Ordinance No. 717 -D, 2 Reading, amending Ordinance 717; designating the speed limit within the Park Place addition as 25 mph, specifically Park Place, Boardwalk Avenue and Park Place Court. City Council approved the ordinance on first reading at the August 5, meeting. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 11 OF 13 AN ORDINANCE AMENDING ORDINANCE NO. 717, AND CHAPTER 18, "TRAFFIC AND VEHICLES ", OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT WITHIN PARK PLACE ADDITION AS 25 MILES PER HOUR; 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. Motion was made to approve Ordinance No. 717 -D, 2 Reading. Motion: Standerfer Second: Potter Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7H. Resolution No. 03 -046, Approve a Mass Gathering Permit for events associated with Oktoberfest. Oktoberfest is an annual event sponsored by the Southlake Chamber of Commerce, Town Square, and the City of Southlake. It is scheduled for October 3 -5, 2003, at Town Square. The Specific Use Permit for both the event and the approval for sale of alcohol were approved at the August 5, 2003, City Council meeting. The current mass gathering ordinance is under revision due to its age and outdated regulations. The Chamber of Commerce has worked diligently to coordinate all safety elements with the Department of Public Safety and have complied with all necessary requirements. Staff concurs with granting the variances requested in the permit application. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A MASS GATHERING PERMIT ASSOCIATED WITH THE EVENTS OF OKTOBERFEST ON PROPERTY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I FOR THE DATES OCTOBER 3 -5, 2003. Motion was made to approve Resolution No. 03 -046. Motion: Potter Second: Standerfer Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Wambsganss Nays: None Approved: 7 -0 Agenda Item 10C. Approve a variance to Sign Ordinance No. 704 -A for Car Toys located at 2550 East Southlake Boulevard. Deputy Director of Administrative Services Garland Wilson presented this item to the Council. Terry Brockett of Starlite Signs, on behalf of Car Toys, is requesting a variance to install three signs along a single street frontage. The ordinance allows one sign along a street frontage. While the individual signs meet the requirements of the CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 12 OF 13 conditional sign permit for Gateway Plaza, the number of signs allowed is regulated under Section 16.A.4 of Sign Ordinance 704 -A. Property owner Terry Wilkinson answered Council's questions on this request. Council discussed this request and agreed to discuss the sign ordinance in a future work session. Mayor Wambsganss stated his concern regarding surrounding businesses asking for similar signs if Council approves this request by Car Toys. Motion was made to approve the variance to Sign Ordinance No. 704 -A for Car Toys, located at 2550 East Southlake Boulevard, as submitted. Motion: Standerfer Second: Shankland Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Wambsganss Nays: None Approved: 7 -0 Agenda Item 14. Meeting Adjourned. With there being no further business to discuss, Mayor Wambsganss adjourned the meeting at 9:57 p.m. Andy Wambsganss Mayor °, � e ,��autonq,� ,, ATTEST: ` �, ,• � OUT H• Lq ... k _ Lori A. Farwell - c City Secretary ° °° °• °i SHu, SII%. CITY COUNCIL MEETING MINUTES, AUGUST 19, 2003, PAGE 13 OF 13 — f2 eae 'J 04- 6:Ey (pct &&{'1 WO- e -� a1 TO: City of Southlake, City Council �� 3 Delivered at meeting 8/19/03 From: Harry & Monica Tharp 1015 Carroll Meadows Ct. Southlake, Texas g(ao My wife and I are very much opposed to the development of Estes Park as it is currently configured. Approximately two years ago we made the decision to move to Southlake. We investigated the entire area and determined that the area North of 114 and West of Carroll Avenue was very much to our liking. The fact that houses were required to be built on minimum one acre lots in this entire area was a major influence on our decision. We both commute a great distance to our jobs, but the more open setting of our chosen area was a primary factor in our decision. We have heard that this is a special piece of property, with special issues. As you all know, every development project has special issues and problems. That is insufficient grounds for completely disregarding the stated development objective for an entire section of the city. The current plan displayed in the City planning department states "The Low Density Residential category is for detached single family residential development at a net density of one or fewer dwelling units per acre. ... The Low Density Residential Category encourages the openness and rural character of the City of Southlake." The proposed Estes Park development contains lots that average less than one -half the stated minimum. In fact, there are many lots that are scarcely over one -third acre in the plan. Having read the documents and listened to the meetings we can say that we do not believe this has been given the weight it deserves in the decision process to date. We have also heard that the property is too expensive to build according to the existing guidelines. That seems inconsistent with the theory that the property has special issues to deal with. It would also be our position that the property in our area is becoming more valuable due to the fact that we, and other families like us, had the courage to begin populating the area with the promise that it would be maintained to the low- density standards. It was obviously more expensive for us to purchase large lots and also to beautify and maintain them, but we did these things with the full understanding that the City would continue to enforce those standards and that all future developments would have to conform. Lastly, we have heard that the existing landowners would be well served by the sale to the developer. While we would like to see the landowners get a reasonable market rate for their property, it should be accomplished under the existing rules. It would be unjust to offer them special dispensation to leave the area while simultaneously and willfully erecting a potentiall y detrimental situation for the remaining area residents and to iDa, er "We who r main may well suffer both economically and in our fires ie due - id these decisions. We recognize that development and commerce in the Southlake area are important. We also recognize that specific areas of our City are designated to be developed according to different specifications. We respectfully request that you not allow our faith in the governmental authorities and doctrines that prevailed during our decision process, and continue to this day, to be broken. 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