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1998-06-09 City of Southlake, Texas SPECIAL CITY COUNCIL MEETING: JUNE 9, 1998 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall REGULAR SESSION: 7:00 P.M. AGENDA 1. Call to order. Invocation: 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076. Refer to posted list attached hereto and incorporated herein. B. Reconvene: Action necessary on items discussed in executive session. 8. Ordinances, first readings and related items: A. Ordinance No. 480 -275, 1 reading, (ZA 98 -024), Rezoning and Concept Plan for The Remington, on property legally described as Tracts 4F, 4F1, 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres. Location: South of the intersection of West Southlake Boulevard (F.M. 1709), and West Jellico Circle. Current zoning is "AG" Agricultural District and "CS" Community Service District with a requested zoning of "S -P -2" Generalized Site Plan District for senior adult living complex to include tri-plex and quadra -plex villas, personal care facility, nursing care facility, and senior multi - family units. Owner and Applicant: Lifestyles, Inc. SPIN Neighborhood #15. Public hearing set for July 7, 1998. 12. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday, June 5, 1998, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. �\ \ u u t u 11► i i s � /i Ald11414.4-24 Akotok.A 0* soTy `9'''' �, Sandra L. LeGrand = v ,d) _ -� City Secretary 111111 City of Southlake, Texas Regular City Council Meeting Agenda June 9, 1998 Page 2 If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581 extension 704, and reasonable accommodations will be made to assist you. EXECUTIVE SESSION SECTION 551.071 CONSULATION WITH ATTORNEY The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney about a pending or contemplated litigation, or settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending or contemplated litigation subjects: 1. Town of Westlake, et al vs. City of Southlake, Texas. September, 1997. 2. Town of Westlake vs. City of Southlake, Carroll Huntress et al. May, 1997. 3. Legal action against Scott Bradley, Charla Bradshaw, Abe Bush, and Fred Held. 1997. 5. Town of Westlake vs. City of Southlake, Texas; Maguire Thomas /Thomas Partners- Westlake- Southlake Partnership; Maguire Partners Westlake Partnership; and MTP -IBM Phase II and III Joint Venture. September, 1997. 4. Maurice C. Robertson, Plaintiff, vs. City of Southlake. October, 1997. SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS The City Council may deliberate the appointments, employment, evaulation, reassignment, duties, discipline or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City Boards and Commission members. A complete list of the City boards and commissions is on file in the City Secretary's office. SECTION 551.075 CONFERENCE WITH EMPLOYEES The City Council may confer with one or more employees in closed meeting to receive information from the employees or to question the employees, but may not deliberate public business or City policy that affects public business. City of Southlake, Texas Regular City Council Meeting Agenda June 9, 1998 Page 3 SECTION 551.076 DELIBERATION REGARDNG SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION. M: \WP- FILES \agn- cc- 6- 9- 98.doc SPECIAL CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE, SOUTHLAKE JUNE 9, 1998 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Scott Martin. Members: Debra Edmondson, Gary Fawks, and Ronnie Kendall. COUNCILMEMBER ABSENT: Wayne Moffat. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Dennis Killough, Senior Planner; Bob Whitehead, Director of Public Works; City A~tomey Debra Drayovitch; and, Sandra L. LeGrand, City Secretary. Agenda Item #1, Call to Order Mayor Rick Stacy called the Special City Council meeting to order at 7:00 p.m. INVOCATION: Mayor Pro Tern W. Ralph Evans. Director of Public Safety Billy Campbell reported on the condition of Police Officer David Gray who was in an automobile accident last weekend on the way to work. Campbell reported he was taken to Harris Methodist Hospital by Care Flight. His condition is still critical. Mayor Stacy welcomed those in attendance tonight for the single agenda item. Agenda Item #2-A, and #2-B Executive Session An executive session was not held during this City Council meeting. Agenda Item #8-A, Ordinance No. 480-275, Ist reading (ZA 98-024) Ordinance No. 480-275, 1st reading (ZA 98-024), Rezoning and Concept Plan for The Remington, on property legally described as Tracts 4F, 4Fl, 5A1B, 6Al, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres. Current zoning is "AG" Agricultural District and "CS" Community Service District with a requested zoning of "S-P-2" Generalized Site Plan District for a senior adult living complex to include tri-plex and quadra-plex villas, personal care facility, nursing care facility, and senior multi-family units. Owner and Applicant: Lifestyles, Inc. SPECL4L CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE I Karen Gandy, Zoning Administrator, stated thirteen (13) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from: Jerry Hall, 2620 West $outhlake Boulevard, Southlake, undecide& and, E.I. Wiesman, 2607 West Southlake Boulevard, Southlake, in favor of. This "S-P-2" application requests approval for a senior adult living complex to include tri-plex and quadraplex villas, personal care facility, nursing care facility, and senior multi-family units on 22.558 acres with a density of 8.91 du/ac. (201 units - 22.558 gross acres) This retirement complex will be age-restricted to 55 years and older and will offer four care options on site: 1) 31 villas (tri-plexes or quadra-plexes) for persons seeking an independent lifestyle; 2) 80 multi-family units for persons preferring a congregate living style; 3) 60 personal care units for persons needing assistance with daily living activities; such as, bathing, dressing, and dispensing medications; and, 4) 30 skilled-nursing units (convalescent care) for persons needing more intensive medical care. All the structures are single-story with the exception of the two-story 80 trait retirement residence. The Planning and Zoning Commission reviewed this request on May 7, 1998 and recommended approval (3-1-1), allowing the required parking as shown; acknowledging the applicant's agreement to age restrict the property to age 55 and above; acknowledging the applicant's agreement to provide the Slayton's with a curb cut onto Owenwood Drive; and accepting the applicant's commitment to deed restrict the property to age 55 and above which cannot be changed without the city's approval. It was noted the following changes have been made to the revised concept plan since the Commission hearing: 1) The applicant has eliminated the northermost drive on the Phase I villa site and created a shared drive with the assisted living/nursing suites to the south. This reduction in the number of drives did however increase the stacking depth from 75' to 100'. The two southern drives are in compliance and the stacking on the shared drive scales to 88'. 2) As a result of the drive elimination/relocation, the applicant has essentially flipped the layout of his design interior to the looped drive within the Phase I villas. This will permit the clubhouse to being more central to the shared drive. SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE 2 David Hanna, with Southwest Senior Care, will manage the facility. recognized the seniors of Southlake who have been helpful with the plans. noted Ernest and Joyce Owen are the owners of the facility. Mr. Hanna Mr. Hanna Cotmcilmember Scott Martin questioned if the facilities will have fire sprinkler systems. He stated he was comfortable that the Southlake Fire Marshal will determine which retirement units will need sprinklers. Mark Tolson, architect with the project, stated they will comply with the staff summary comments, stating, their only question is regarding stacking depth. Councilmember Debra Edmondson commented on the plans provided stating that on the eastern most line against the Wiesman property the front page of the drawings shows 40' and on the data, it shows a distance of 80'. It was confirmed by Mr. Tolson that 80' is the correct distance from the Wiesman property. Councilmember Edmondson questioned about having residences so close to F.M. 1709 and about the heavy tree coverage. Mark Tolson responded to Councilmember Edmondson's questions, by stating the reason the structures are so close to the front of the property and the open space is in the back. He noted they have an agreement with the Church of Christ for a joint detention pond. He assured Council that they do not plan to retain any water in the "park" area. Councilmember Gary Fawks asked Mr. Tolson if they plan to comply with the corridor overlay development regulations on the entire property. Mr. Tolson stated they would prefer not to comply with the corridor overlay. Councilmember Scott Martin asked the developers what expertise do the principals bring to the table. Mr. Hanna stated they have fifty (50) years combined experience in development and he has fifteen (15) years experience of management and maintenance of senior living facilities. He noted this is their first project together. The price range to live in the center include: Villas, $1,400 to $3,200 per month; Retirement Center $1,400 to $3,200. per month; Assisted Living, $1,800 to $3,500 per month; and Nursing Center, $2400. to $4000. per month. A second person in a unit is about $500. per month. Councilmember Ronnie Kendall asked what benefits the occupants get at the center: Mr. Hanna replied: dining room, daily activities, transportation to doctors, shopping, church etc. It was noted the number of staff on each shift will depend on the level of resident's, however, Mr. Hanna feels there will be 125 employees on the payroll, with 40-45 employees per day shift. He stated he plans to start construction of Phase I the first of the year and plans on it taking 8 to 12 months to complete. PUBLIC COMMENTS: Mayor Stacy read the names of those who signed up in favor of this zoning request but did not wish to speak: SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE 3 Mary Jane Hoger, 702 Nelson Court, Southlake Virignia Clow, 820 Shady Oaks Drive, Southlake Martha Wood, 2900 Burney Lane, Southlake Clarissa Land, 2900 Burney Lane, Southlake E.I. Wiesman, 2607 West Southake Boulevard, Southlake Bridget W. Mulvehill, 1925 North Peytonville Boulevard, Southlake Kaete Roberds, 435 East Bob Jones Road, Roanoke Carl Roberds, 435 East Bob Jones Road, Roanoke Dorothy Cosgrove, 1750 Shumaker, Southlake Don Owens, 940 West Dove Road, Southlake Mary Owens, 940 West Dove Road, Southlake Martha Greenberg, 700 Prince George Court, Southlake Jeanne Alexander, West Southlake Boulevard, Southlake Sherry Newens, 702 Nelson Court, Southlake Steven Robinson, 610 North Shady Oaks Drive, Southlake Brenda Howard, 365 Miron Drive, Southlake Quida Nell Greene, 609 Statford Drive, Southlake Wanda Buschman, 1201 Post Oak Trail, Southlake PUBLIC COMMENTS: Wayne Haney, 400 Brock Drive, Southlake. Mr. Haney stated he is the SPIN Representative for SPIN #15. He stated his SPIN group has had several meetings with the applicants for The Remington, adding, this project has not been controversial in his neighborhood. The Owens people have reassurred the neighborhood to the point there is no opposition expressed to him. Mr. Haney stated there is no reason to oppose this project and plenty of reasons to be in favor of it. Mr. Haney did ask the City Council to check the drainage on the Samons property. Matalyn Smith, 1106 Brazos Drive, Southlake. Ms. Smith reported from the Newcomers Club, stating it is the largest organization in Southlake with 300 members. In talking to all the ladies, people want to bring their parents here to Southlake but there is no place to SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE 4 bring them to. She stated there is nothing but a positive attitude toward this project. Ms. Smith stated she feels she has ten years before she is ready for this type of living arrangements, however, she may want to move into one in Southlake herself to get out from under the high living expense of her private residence; not because she is sick, but to have more freedom. Josh Weiser, 308 Waterford Cout,, Southlake. Mr. Weiser stated he is the new President of the Southlake Seniors. Why is he interested in The Remington? Because in ten to fifteen years he will be living in this center. He stated, "his parents lived in their house too long." Mr. Weiser said, "There is nothing in Southlake and if the city doesn't get one, he will have to go to Fort Worth or somewhere else." They want to be in Southlake. Mr. Weiser stated the seniors invited the developers to come talk with them and after listening, they signed the petition which was presented. He stated, "With this type arrangement, if you need to move from being independent, to assisted living units, you can still be with your friends." Mr. Weiser asked that the City Council just look at the facts. The seniors are growing in numbers and all senior centers have waiting lists. As he sees it, Southlake is being offered a full concept development and it is a good thing! Cameron McCartha, 1211 Wood Creek Lane, Southlake. Ms. McCarthastatedlastyear her mother became very ill and she wasn't interested in living with her daughter, but now with this center, she would be able to come live here and be close to her family. She stated she thinks it is important to her children and those in Southlake to have "grandparents" near by. Dick Johnston, 139 Jellico Circle, Southlake. Mr. Johnston stated Southlake can now be an example and show the neighboring communities that they do care about their seniors. Mr. Johnston gave a summary of the life and times of seniors in our country. He ended by stating, "The Remington is an excellent concept for senior lifestyle. There are no negatives, only a win-win situation. This is good for the entire community." Bob Couch, 2535 Union Church Road, Southlake. Mr. Couch stated he is in strong support of this plan. He said, "If we think this will be the only one; its like having only one grocery store." Mr. Couch stated his property backs up to the proposed center and he has not made any agreements about screening against his property. Fran Weiser, 308 Waterford Court, Southlake. Mrs. Weiser stated she has volunteered in senior centers for the past twenty years, and, "it is difficult to see there is no place for the seniors in Southlake as there is no retirement community." She said the centers provide benefits, landscapes, and a reputation. A city without retirement homes is thought of as not caring about their community. The residents are almost always quite at hight and they don't drive their cars very fast. She asked the City Council to please not discriminate against their elderly. Rob Jones, 1160 North White Chapel Boulevard, Southlake. He stated he is in support of the project. He stated the Planning and Zoning Commission rewrote the ordinance and made it very tough for a project such as this. The Remington has met all the SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE 5 requirements. They have done their homework. He also commented that the adjacent property owners are in favor of this project. Mary Visser, 709 Inwood Drive, Southlake. Ms. Visser stated she came before the Council at the request of a friend. She commented that when moving to Southlake, she had only one problem, there was no place for her parents. She asked the City Council to move quickly and approve this project. Bill Cosgrove, 1750 Shumaker, Southlake. Mr. Cosgrove stated everyone has made good points. He stated that going to visit an elderly person who is not close-by is a problem. "We need to realize we will all get old and need a facility such as this one being proposed." He supports this project. Rose Hamphire, 201 East Chapel Downs Drive, Southlake. Ms. Hamphire stated she has lived here for six years, and works with the Metroport Meals on Wheels. When growing old, people need their friends and family, and familiar surroundings. She is in favor of this project. Pat McCowen, 812 Mills Lane, Irving. Mr. McCowen stated he is here on behalf of the developers. He stated he is a home builder and his office is in Southlake. He stated he has known the developers for twenty years. They are very active in Irving, a very close knit family and have two sons who live in Southlake. Mr. Owen is an experienced developer. Mr. McCowen stated he does not think Council needs to worry about this facility going broke! There won't be school buses or children or traffic on this property. Art Clayton, 3129 Lake Drive, Southlake. Mr. Clayton stated he respects the Mayor and his leadership. Mr. Clayton stated he left Irving, and started speaking against multi- family dwellings. The density of The Remington is of concern to him. The corridor overlay issue is a concern. The fact that two-thirds of the living units are upstairs is a concern. He questioned the proposal of the drivit material and not masortry. The renderings look like an apartment complex. He urged the City Council to check on the legal position of the City. Debra Drayovitch, City Attorney, stated, "Several years ago Congress adopted an amendment to the Act in order to provide that it would not discrimination against children, if housing was provided for older persons. The law def'mes housing for older persons to include three types of housing: 1) housing that is established and maintained under a federal or state governmental program; 2) housing for persons 62 or older; 3) third method of meeting this exemption is housing that is intended for occupancy by persons 55 or older for at least 80% of the units. If housing is intended for persons 55 or older, there are certain conditions that must be met by the persons operating this facility. Those requirements are that the operator of the facility adopt and maintain policies and procedures that show the intent to restrict occupancy. There are about five different ways to establish this policy of which one is to: conduct annual or semi-annual surveys, and incorporating lease provisions that age restrict. Ms. Drayovitch stated she understands this provision is the one the developers are working under. SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE 6 Mr. Hanna stated what they are proposing is to age restrict all phases of the facility to fifty-five years of age or older. There are other facilities in Tarrant County and they must enforce the fift:y-five age limit by 100% as well. It would be difficult to have different age limits for each section of the facility. ,lack Wiesman, 2607 West Southlake Boulevard, Southlake. Mr. Wiesman stated there were initial problems with water flow and those issues have been addressed by the developers. Mr. Wiesman stated they are now in favor of this project. Mr. Wiesman stated there was also a concern for bufferyards against his property. The developers agreed to plant red oak trees along his property line and this is acceptable to him. Mayor Stacy thanked the audience for coming out tonight and sharing their comments with the City Council. The City Council wants to know what the people think about the issues before they vote on the item. Council adjourned to recess at 9:30 p.m. Council returned to open session at 9:45 p.m. Councilmember Ralph Evans, stated each day 6,000 people turn 65 years of age. The seniors are the strongest voting block in the United States. He is very much in support of this project, adding, he feels it is very good project. Councilmember Debra Edmondson, stated she appreciates the willingness to provide the information and would appreciate their willingness to meet the corridor overlay requirements for the entire project. The applicant stated there is great potential that they can comply with the corridor overlay requirements. They want to further discuss this issue. Ms. Edmondson stated she does not have a problem waiting until the second reading, but does have a problem taking it to the site plan stage. Articulation of the buildings is another issue for her. What is the set-backs on F.M. 1709 to the buildings? The applicant stated 50' set-back from the right-of-way plus the 50' right-of-way for a total of 100'. Edmondson said, she wants an exact number, and noted a tree buffer of what is there would be very good. The age restriction issue is a concern to her. She finally stated she is in favor of the project if they can work through the issues she noted. Councilmember Scott Martin stated the applicants were wise in waiting until the City got through the assisted living ordinance. He stated he believes the developers have listened to the community and its needs. He stated some time ago the Mayor and he agreed to begin working for the seniors in our community and for the family unit. The applicants have been very cooperative and he hopes, in the spirit of cooperation this project can come to closure and the details can be worked out. Mayor Rick Stacy stated, "The City is faced with many challenges, the seniors, the youth and whatever we need to do to make our community whole. We need to work through the issues and make a go of this project." He stated he was in support of this project. Councilmember Ronnie Kendall stated she never questioned the need for a facility like this. She stated she feels we should age restrict to 62 years of age. She stated she found SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE 7 out that because the property was subdivided, it is not subject to the corridor overlay. Ordinance. She added, she would like to see the open space more openly distributed. Councilmember Gary Fawks stated he feels there is a tremendous need for a facility like this. "The applicant appears to have proper goals and experience. We want to build a facility in Southlake that we can all be proud of. The City Council is charged with paying attention to the detail of a project." He is concerned with the traffic this will produce in that location. He is supportive of the concept, but said we need to do more work before we go forward. "When the assisted living ordinance was written, it does not address senior living. When the zoning ordinance is written the City Council needs to be sure the details have been worked out and that the City is protected." Fawks also commented on the flat roofed building. Mr. Tolson stated they will look at the corridor overlay ordinance and are willing to work it out with city staff prior to the second reading. As an overview, the following concems are to be addressed: age restriction (one age throughout the facility); corridor overlay; traffic; flat roofs; safety issues with the 2 story buildings. Councilmember Scott Martin noted the changes to be included under Section 1 of the ordinance, specifying the details of the use (which are a part of the motion). Motion was made to approve Ordinance No. 480-275, 1st reading (ZA 98-024), pursuant to the Concept Plan Review Summary No.3, dated June 9, 1998; deleting item #2; allowing as shown, item #3; allowing as shown item #4a; deleting item #4b; and allowing parking as shown on item #4c; and including the additional language for Section 1 of the ordinance including: Being Tracts 4F, 4Fl, 5A1B, 6Al, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres, and more fully and completely described in Exhibit 'A" attached hereto and incorporated herein, from "AG" Agricultural District and "CS" Community Service District to "S-P-2" Generalized Site Plan District for senior adult living complex to include tri-plex and quadra-plex villas, personal care facility, nursing care facility, and senior munti-family units as depicted on the approved Concept Plan attached hereto and incorporating herein as Exhibit "B" and adding the following language: 1. The District shall be restricted to the following uses at the following occupancies: Not to exceed: 31 Villa units; 60 Assisted Living (Personal Care) units; 30 Skilled Nursing Care units; 80 Retirement Residences; and a maximum density of 8.91 units per acre. 2a. Residency in the District shall be restricted to persons 55 years of age or older. The owner and operator of property located within the District shall comply with the SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE 8 provisions of 24 C.F.R. sec 100.304(c)(2) to insure that residency is restricted to older persons. · Option 2b. Residency in the 80-unit retirement residences and 31 villas within the District shall be further restricted to persons 62 years of age or older. 3. The owner and operator of property located within the District shall provide all amenities shown on the concept plan, notwithstanding the disclaimer shown on the concept plan. · 4. No further subdivision of the property shall occur beyond the two lots proposed. · 5. Transportation services shall be provided by at least two (2), 6-10 person vans which are wheelchair-lift equipped. · 6. Each January, the owner and operator shall submit a written certification that their residences within the District comply with the requirement of condition No. 2 hereof. 7. Building materials shall be as indicated in the applicant's June 9, 1998 letter. Brick fagade with accents of EIFS (stucco) and fiberglass columns. Roofing material will be synthetic or light weight concrete Monterrey tile. · 8. The entire project shall comply with the corridor over ordinance. Amending the motion to delete the compliance standards of the 850 s.f. requirements to include only the nursing suites and the assisted living units. Motion: Martin Second: Evans Ayes: Martin, Evans, Edmondson, Fawks, Kendall, Stacy Nays: None Approved: 6-0 vote The Mayor noted a work session will be held on June 30, 1998 at 6:00 p.m. for the purpose of working out of the details of this project prior to the second reading. Agenda Item #12, Adjournment Mayor Stacy adjourned the meeting at 11:20 p.m. M~y~r/Rick Stacyx------~ SPECI.4L CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 P.4GE 9 Sandra L. LeGrand City Secretary M:\WP-FILESWIINUTES\SPECIAL cc-6-9-98..doc SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 9, 1998 PAGE 10