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Item 4AlugCITY OF SOUTHLAK.-E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: February 5, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Brandon Bledsoe, Deputy Mayor Pro Tern Pamela Muller and Councilmembers Carolyn Morris, Martin Schelling, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant to City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Marketing and Tourism Manager Jill Lind, Director of Finance Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Police Chief Steve Mylett, Director of Public Works Bob Price, City Attorney E. Allen Taylor and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:33 p.m. 2. INVOCATION Mr. Nick Billardello gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Marketing and Tourism Manager Jill Lind introduced Mr. Clayton Sexhour with Daddy Jack's New England Lobster & Chowder House. Mr. Sexhour provided a description of the services provided, hours of operation, and location of business. Mayor Terrell announced that Council would move to item 3A4—recognition of youth flag football champions. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 1 of 17 Mayor Terrell recognized the Southlake Titans for taking the title of youth flag football state champions. Mayor Terrell presented Head Coach Carlos Reyes with a proclamation memorializing the Titans accomplishment. 4. DISCUSS POSSIBLE CITY ORDINANCE REVISIONS TO THE SOUTHLAKE CITY CODE AND ZONING ORDINANCE 480, AS AMENDED AND THE DEVELOPMENT OF NEW ORDINANCES. Director of Planning and Development Services Ken Baker presented a listing of proposed ordinances for consideration in fiscal years 2013 and 2014. The listing includes ordinances proposed by Council members and identified in the 2030 plans. Staff is seeking direction from Council to determine if Staff should continue to move forward with the proposed schedule. Ordinances for Council's consideration are: beekeeping (fiscal year 2013); keeping of livestock (fiscal year 2013); building color (fiscal year 2013); animal control (fiscal year 2013); vulnerable road user (fiscal year 2014); lighting (fiscal year 2014); noise (fiscal year 2014); public art (fiscal year 2014); water impact (fiscal year 2013); texting (fiscal year 2014); regulation of certain retail uses (fiscal year 2013); vesting —site plan expiration, plat expiration, landscaping ordinance, and masonry (fiscal year 2013); Planning and Zoning Commission— supermajority vote (fiscal year 2013); impact fee (fiscal year 2013); school crossing (fiscal year 2013); commercial developers agreement (fiscal year 2013); and SPIN (fiscal year 2013). Council directed staff to move forward with the recommended schedule as presented. Council member Zito asked staff to monitor the legislative session regarding texting. If nothing transpires within three to six months, Council member Zito asked staff to move forward with a texting ordinance. 5. UPDATE ON THE DEVELOPMENT OF THE SOUTHLAKE 2030 WATER CONSERVATION PLAN. Director of Planning and Development Services Ken Baker and Director of Public Works Bob Price presented item to Council. The schedule for the 2030 water conservation plan includes presentation at a March 4, 2013 SPIN meeting; March 21, 2013 Planning and Zoning Commission meeting and consideration by Council on April 2, 2013 and April 16, 2013. 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 recognized Ms. Debra Edmondson and asked her to approach the podium to introduce the new Bob Jones Nature Center Executive Director. Ms. Edmondson introduced Ms. Teresa Moss. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 2 of 17 REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor John Terrell at 6.11 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. City Council adjourned for Executive Session at 6.12 p.m. Executive Session began at 6.30 p.m. and concluded at 7.50 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 8.00 p.m.; with the same members present except Council members Morris and Zito. Mayor Terrell asked if any action was necessary from Executive Session. There was no action taken by Council. 3. REPORTS 3A. MAYOR'S REPORT Recognition of Boy Scouts Brett Ringgold and Jonathan Roberts Mayor Terrell announced that Boy Scouts Brett and Jonathan had to leave early and both were recognized between work session and Executive Session. Council members Morris and Zito present at 8.05 p.m. Proclamation - Southlake Carroll Cross Country Team Mayor Terrell recognized the boys and girls Southlake Carroll Cross Country Teams for winning back-to-back state titles. Mayor Terrell presented Coach Justin Leonard with a proclamation proclaiming February 5, 2013 as Southlake Carroll Cross Country Teams Day. Recognition of outgoing board members Mayor Terrell recognized the service and commitment of the following outgoing board and commission members: Patricia Burnett, Ron Evans, Terrance Henderson, Pattie Minder, Randy Williamson, John Finlayson, Carol Knox, John Logan, Tommy Pennington, Barbara Schlauch and Juliet Williams. On behalf of the City Council, REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 3 of 17 Mayor Terrell presented those in attendance with a plaque to recognize their service to the community. Proclamation - Youth Flag Football Champions Mayor Terrell recognized members of the youth flag football champions earlier in the meeting. 3B. CITY MANAGER'S REPORT None. 4. CONSENT AGENDA Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Pro Tern Bledsoe read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE JANUARY 15, 2013 CITY COUNCIL MEETING. 4B. This item intentionally left blank. 4C. APPROVE CONTRACT WITH WEATHERPROOFING TECHNOLOGIES, INC. FOR PHASE 3 WATERPROOFING THE EXTERIOR OF TOWN HALL IN THE AMOUNT OF $111,694. 4D. APPROVE FIRST CONTRACT RENEWAL FOR PREVENTATIVE MAINTENANCE SERVICES WITH BLAGG TIRE AND SERVICE. 4E. APPROVE FIRST CONTRACT RENEWAL FOR PREVENTATIVE MAINTENANCE SERVICES WITH GRAPEVINE FORD. 4F. APPROVE FIRST CONTRACT RENEWAL FOR PREVENTATIVE MAINTENANCE SERVICES WITH ON -SITE FLEET SERVICES. 4G. APPROVE THIRD CONTRACT RENEWAL WITH ALPINE TREE SERVICE FOR CITY OF SOUTHLAKE TREE MAINTENANCE SERVICES. 4H. APPROVE FIRST CONTRACT RENEWAL FOR CITYWIDE TOWING SERVICES WITH EULESS B&B WRECKER SERVICE. 41. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH GREENFELLOWS, INC. FOR THE 2013 SOUTHLAKE GREEN FEST EVENT. 4J. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH SOUTHLAKE WOMEN'S CLUB FOR THE 2013 ART IN THE SQUARE EVENT. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 4 of 17 4K. APPROVE AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO ASSIST IN THE RECONSTRUCTION OF A PORTION OF NORTH WHITE CHAPEL BOULEVARD. 4L. SV12-030, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR MEN'S WEARHOUSE LOCATED AT 3030 EAST SOUTHLAKE BOULEVARD, UNIT #3, SOUTHLAKE, TEXAS. 4M. RESOLUTION NO. 13-004, CALLING GENERAL ELECTION TO BE HELD ON MAY 11,2013. 4N. APPROVE CARILLON PHASE 3 PARK PLAN FOR VILLA PARK SOUTH. 40. RESOLUTION NO. 13-003, APPROVING THE APPOINTMENT OF ASSISTANT CITY MANAGERS AND DEPARTMENT HEADS. 4P. ORDINANCE NO. 995, 1ST READING, APPOINT AN ALTERNATE MUNICIPAL JUDGE AND AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT AND PROVIDE AND EFFECTIVE DATE. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD FEBRUARY 19, 2013. 4Q. ORDINANCE NO. 480-634 (ZA12-118),1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR 1150 NORTH WHITE CHAPEL BOULEVARD ON PROPERTY BEING DESCRIBED AS TRACTS 8B & 81302A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1150 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL ZONING DISTRICT. THE REQUESTED ZONING IS "SF-1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. SPIN #7. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD FEBRUARY 19, 2013.) 4R. ORDINANCE NO. 480-LLLL, 1ST READING, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, REMOVING REFERENCES TO FIRE HAZARD REGULATIONS WITHIN THE ZONING ORDINANCE FOR THE PURPOSE OF ELIMINATING POTENTIAL CONFLICTS WITH THE CITY'S ADOPTED FIRE AND BUILDING CODES. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD FEBRUARY 19, 2013.) 4S. APPROVE AN AGREEMENT WITH EMERGICON, LLC FOR EMERGENCY MEDICAL SERVICES BILLING SERVICES. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 5 of 17 4T. ORDINANCE NO. 480-628, (ZA12-088), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR SAVANNAH ESTATES ON PROPERTY DESCRIBED AS TRACTS 1 B, 1 B2, 1 132A, 1 B2A1, 1 B2A2, 2A, 213, 2C, 3, 4A, 4A1, 4A2, 4A3, 413, 4131, 4132, 5A, 5A1, 5A1 A, 513, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, AND 613, R.P. ESTES SUBDIVISION AND TRACTS 113, 1131, 1131A, 1B1A1, 113113, 1131131, 1131C, 11311), AND 1132, T. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF WEST DOVE ROAD AND STATE HIGHWAY 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS "NR-PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "S- P-1" DETAILED SITE PLAN DISTRICT. THE PROPOSED ZONING IS "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. (THIS ITEM HAS BEEN TABLED TO THE FEBRUARY 19, 2013 CITY COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 5, 2013.) 4U. ORDINANCE NO. 1051 (CP12-004), 1ST READING, LAND USE PLAN AMENDMENT FROM MIXED USE AND LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR SAVANNAH ESTATES ON PROPERTY DESCRIBED AS TRACTS 113, 1132, 1 B2A, 1 B2A1, 1 B2A2, 2A, 213, 2C, 3, 4A, 4A1, 4A2, 4A3, 413, 4131, 4132, 5A, 5A1, 5A1 A, 513, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, AND 613, R.P. ESTES SUBDIVISION AND TRACTS 113, 1131, 1131A, 1B1A1, 113113, 1131131, 1131C, 11311), AND 1132, T. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF WEST DOVE ROAD AND STATE HIGHWAY 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS "NR-PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "S- P-1" DETAILED SITE PLAN DISTRICT. THE PROPOSED ZONING IS "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. (THIS ITEM HAS BEEN TABLED TO THE FEBRUARY 19, 2013 CITY COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MARCH 5, 2013.) 4V. This item intentionally left blank 4W. Resolution No. 13-006, Authorizing a Notice of Intent to Issue Certificates of Obligation. A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 6 of 17 REGULAR AGENDA: 5. PUBLIC FORUM Ms. Teresa Gorman, 1406 Mayfair Place, commented on the parking and traffic flow at Carroll Senior High School. Mr. Paul Shuga, 1408 Wedgewood Court, commented on Council's decision regarding Carroll Independent School District's lighting variance request. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480-633, (ZA12-115), 2ND READING, ZONING CHANGE AND CONCEPT PLAN FOR LOT 1, BLOCK 1, GINGER'S KNOLL ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 823 SOUTH PEYTONVILLE AVENUE, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT. THE REQUESTED ZONING IS "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #10. PUBLIC HEARING APPROVED Planner I Lorrie Fletcher presented item and was available to answer questions from Council. 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. 480-633, zoning change and concept plan for Lot 1, Block 1, Ginger's Knoll Addition pursuant to staff report dated January 30, 2013. 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; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, GINGER'S KNOLL ADDITION, SOUTHLAKE, TARRANT COUNTY, REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 7 of 17 TEXAS, BEING APPROXIMATELY 2.17 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, 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. 6B. ORDINANCE NO. 480-632 (ZA12-093), 2ND READING, ZONING CHANGE AND SITE PLAN FOR THE ZELDA OFFICE DEVELOPMENT CENTER ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3A, OBEDIAH W. KNIGHT, SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 803 EAST SOUTHLAKE BOULEVARD. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT. THE PROPOSED ZONING IS "0-1" OFFICE DISTRICT. SPIN #9. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented items 6B and 6C. Mr. Baker was available to answer questions from Council. 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. 480-632, zoning change and site plan for the Zelda Office Development pursuant to the following: staff report dated January 30, 2013; the revised review summary No. 3, dated January 3, 2013; approving the variances for the eight -foot solid fence, the five-foot type bufferyard and driveway stacking depth; and noting compliance with the City's cross access regulations to the property to the east. 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: REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 8 of 17 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 A PORTION OF TRACT 3A, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.91 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "0-1" OFFICE DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6C. ZA12-107, PRELIMINARY PLAT FOR RUCKER ADDITION OFFICE DEVELOPMENT, ON PROPERTY DESCRIBED AS OBEDIAH W. KNIGHT, SURVEY, A-899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 803 EAST SOUTHLAKE BOULEVARD, TEXAS. CURRENT ZONING: AG- AGRICULTURAL DISTRICT. THE PROPOSED ZONING IS "0-1" OFFICE DISTRICT AND "AG" AGRICULTURAL DISTRICT. APPROVED This item was presented in conjunction with item 6B. A motion was made to approve ZA12-107, a preliminary plat for the Rucker Office Development pursuant to plat review summary No. 1, dated November 2, 2012, and granting the variances noted therein. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 9of17 6D. ORDINANCE NO. 1052 (CP12-006), 2ND READING , LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR HIGHLAND OAKS ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8DO1, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 8, 9R1 AND 10, T.M. HOOD NO. 706 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 220, 280, 300, 310, 320 AND 340 WEST HIGHLAND STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT AND "SF1-B" SINGLE FAMILY RESIDENTIAL DISTRICT. THE REQUESTED ZONING IS "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. PUBLIC HEARING APPROVED Planner I Lorrie Fletcher presented items 6D, 6E and 6F. Ms. Fletcher was available to answer questions from Council. 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. 1052 (CP12-006), change to the land use plan amendment from low density residential to medium density residential for Highland Oaks. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Schelling, Terrell, Wang, Zito Nayes: Morris, Muller Approved: 5-2 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 10 of 17 6E. ORDINANCE NO. 480-631 (ZA12-099), 2ND READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR HIGHLAND OAKS ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8D01, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 8, 9R1 AND 10, T.M. HOOD NO. 706 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 220, 280, 300, 310, 320 AND 340 WEST HIGHLAND STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT AND "SF-113" SINGLE FAMILY RESIDENTIAL DISTRICT. THE REQUESTED ZONING IS "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. PUBLIC HEARING APPROVED This item was presented in conjunction with Item 6D. 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 480-631 (ZA1 2-009) [sic], zoning change and development for Highland Oaks pursuant to the following: planning review summary No. 4, dated January 29, 2013; noting no changes as part of the application to the development plan and to include design guidelines dated December 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; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 8CO2, 8D01, 8D03 AND A PORTION OF TRACT 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 8, 9R1 AND 10, T.M. HOOD NO. 706 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 16.34 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF-1 B" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 11 of 17 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. 6F. PRELIMINARY PLAT FOR HIGHLAND OAKS (ZA12-112) ON PROPERTY DESCRIBED AS TRACTS 8CO2, 8D01, 8D03 AND 8C, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 8, 9R1 AND 10, T.M. HOOD NO. 706 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 200, 220, 280, 300, 310, 320 AND 340 WEST HIGHLAND STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL DISTRICT AND "SF1-B" SINGLE FAMILY RESIDENTIAL DISTRICT. THE REQUESTED ZONING IS "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. APPROVED This item was presented in conjunction with items 6D and 6E. A motion was made to approve the preliminary plat for Highland Oaks (ZA12-112), on property described as tracts 8CO2, 8D01, 8D03 and 8C in the Thomas M. Hood Survey pursuant to plat review summary No. 3, dated January 29, 2013. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6G. ZA12-040, REVISED SITE PLAN FOR THE LANDING AT WATERMERE ON PROPERTY BEING DESCRIBED AS LOT 4R1 & 4R2, BLOCK 1, WATERMERE AT SOUTHLAKE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 201 AND 301 WATERMERE DRIVE, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "S-P-2" GENERALIZED SITE PLAN ZONING DISTRICT. SPIN #11. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. 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. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 12 of 17 A motion was made to approve ZA12-040, revised site plan for The Landing at Watermere pursuant to review summary No. 2, dated January 11, 2013. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6H. ORDINANCE NO. 1059 2ND READING, APPROVE ORDINANCE TO ABANDON AN UNUSED PERMANENT EMERGENCY ACCESS EASEMENT LOCATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706. SPIN #6. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. 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. 1059, abandoning an unused permanent emergency access easement located in the Thomas M. Hood Survey. 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 VACATING AND ABANDONING A PERMANENT EMERGENCY ACCESS EASEMENT LOCATED ON THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 AND RECORDED AS INSTRUMENT NO. D210295331 IN TARRANT COUNTY; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THIS EASEMENT; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 61. ORDINANCE NO. 1058, 2ND READING, APPROVE ORDINANCE TO ABANDON AN UNUSED TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 251. PUBLIC HEARING APPROVED REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 13 of 17 Director of Public Works Bob Price presented item and was available to answer questions from Council. 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. 1058, abandoning an unused temporary construction easement located in the J.J. Freshour Survey. 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 VACATING AND ABANDONING A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 251 AND RECORDED IN VOLUME 0015616, PAGE 3 IN TARRANT COUNTY; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THIS EASEMENT; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480-620 (ZA12-030), 1ST READING, ZONING CHANGE AND SITE PLAN FOR MARSHALL CREEK RANCH ON PROPERTY DESCRIBED AS TRACT 7A, R. D. PRICE SURVEY, ABSTRACT NO. 992A, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS, AND LOCATED AT 4401 T. W. KING ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: AG — AGRICULTURAL DISTRICT. REQUESTED ZONING: S-P-2 GENERALIZED SITE PLAN ZONING DISTRICT. SPIN #1. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 19, 2013.) APPROVED Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Rene Esses, 5901 West Magnolia, Grapevine, presented request and responded to questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 14 of 17 Mayor Terrell commented that he received ten (10) public comments cards in support of the request. Although this is not a public hearing, the names and addresses will be included in the public record. Susan Simendinger, 2118 Spur Trail, Grapevine; Elmer Simendinger, 2118 Spur Trail, Grapevine; Pam O'Quinn, 5905 Yorkshire Drive, Colleyville; Shelley Coles, 2416 Top Rail Lane, Southlake; Lorene O'Quinn, 5905 Yorkshire Drive, Colleyville; Alison Drinkwater, 1549 Bassett Hound Drive, Haslet; Wessel Lubbe, 4690 Sandshell Drive, Fort Worth; Carli Lubbe, 4601 T.W. King Drive, Southlake; Marcy Calcagno, 513 Round Hollow Lane, Southlake; and Theresa M. Kindred, 4601 T. W. King Road, B3, Southlake. A motion was made to approve Ordinance No. 480-620 (ZA12-030), zoning change and site plan for Marshall Creek Ranch pursuant to the following: site plan review summary no. 5, dated January 30, 2013; noting approval of the variance for the stacking depth; accepting Planning and Zoning's recommendation regarding tree mitigation; at the next public hearing the applicant will attempt to relocate the building (known as the "bunkhouse") to the east in the event subsequent construction is made; also noting the acceptance of the current parking materials that exist on the site today, but in the event subsequent improvements are made, further review and acceptance will be needed by the City's Fire Department. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 7B. ORDINANCE NO. 1056, 1ST READING, MOBILITY AND MASTER THOROUGHFARE PLAN AMENDMENT FOR THE ALIGNMENT OF SOUTH VILLAGE CENTER DRIVE EXTENDING FROM EAST SOUTHLAKE BOULEVARD (FM 1709) TO SOUTH NOLEN DRIVE. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD FEBRUARY 19, 2013.) APPROVED Director of Planning and Development Services Ken Baker presented item and responded to questions from Council. Council provided comments to staff on the proposed alignment and mitigation for adjacent residents. Deputy Mayor Pro Tern Muller asked that the record include the comments (appended to minutes) received from Mr. and Mrs. Taylor. A motion was made to approve Ordinance No. 1056, with the recommendation of a 1 S/2N alignment and directing staff to provide language regarding residential adjacency and buffering concerns for the 1 S portion of the road alignment at the second reading of the ordinance. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 15 of 17 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: 9A. This item intentionally left blank 9B. SV12-022, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR LASERCARE EYE CENTER LOCATED AT 1910 EAST STATE HIGHWAY 114, SOUTHLAKE,TEXAS. OPPPOVFn Planner I Lorrie Fletcher presented item and was available to answer questions from Council. Applicant representative Ron Owens, 848 San Marcos Lane, Bedford, presented request and was available to answer questions from Council. A motion was made to approve SV12-022, sign variance to Ordinance No. 704, as amended, for Lasercare Eye Center located at 1910 East State Highway 114. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 9C. MSP13-001, AMENDMENT TO MASTER SIGN PLAN FOR KIMBALL CROSSING LOCATED AT 2175 EAST SOUTHLAKE BOULEVARD. APPROVED Planner I Lorrie Fletcher presented item and was available to answer questions from Council. Applicant representative Tommy Reynolds, 1336 South Irving Heights Drive, presented request and responded to questions from Council. Also in attendance was Subway representative Mike Davis, who responded to questions from Council. A motion was made to approve MSP13-001, amendment to the Master Sign Plan for Kimball Crossing located at 2175 East Southlake Boulevard pursuant to the following: denial and removal of the background height for the single line copy and denial and removal of the background height for the stacked copy; noting Council's intent that letters will be mounted directly to the building and not to a cloud or box type REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 5, 2013 Page 16 of 17 arrangement behind the letters; removal of polycarbonate backings to the signs; and signs shall be channel cut letters. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 10:24 p.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, FEBRUARY 5, 2013 Page 17 of 17 2/4/2013 Dear Mayor and City Council Members: We are requesting that city council take action to move the proposed alignment of S. Village Center Dr. Ext. from the IS to the more desirable IN alignment. Twenty-five years ago when we moved to Southlake, this property was zoned agriculture for the Zembrod Horse Farm and Boarding Stables. Zoning and land use were changed to support the office category and church (Community Service). We supported this change as we felt this fit well with the residential neighborhood. Now we are threatened with a road potentially intended for heavy commercial use only a few feet from our yard. Our property is at the right angle bend of the proposed road extension in the S1 alignment option, and speeding vehicles will no -doubt end up in our back yard. Being that close to our property, we will have the constant annoyance of headlights and noise from the routine traffic. Gateway Church has proposed using the property for a Bible College but we don't exactly know what the future holds. If it is eventually zoned as commercial property, the 1 N alignment would provide a much -needed buffer between residential and commercial tracts and provide space for future office - type buildings along this shared fence, just as it now does along the west side. Moving the road to the north does not change the original intention of the road, an alternate route to Kimball Rd. and the schools, and would be beneficial to everyone. Our neighborhood would have a buffer and the city would not be obligated to provide an expensive masonry fence. Historically that type fence has been provided to every other residential neighborhood with this situation. Also, it would soften the road and encourage drivers to use the road as intended. It would seem that P and Z did not consider the letter we provided expressing our concerns. All they could ask afterwards was why we were not there. This was the same evening that the issue concerning the lights at the Carroll High School was presented and the meeting ran very late and we were not able to stay to present our case. We are disappointed that P and Z did not listen to our concerns and are requesting City Council choose the 1 N option. Please consider making this slight adjustment on the road alignment as this has a huge impact on the future of our neighborhood. Thank you, Martha T. Taylor, John G. Taylor 209 Eastwood Dr. Southlake, TX 76092 (817)416-6680 I��, - 4 ?013