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2002-07-16 City of Southlake CITY COUNCIL MEETING °mail REcon July 16, 2002 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Community Services Director Kevin Hugman, Finance Director Sharen Elam, Senior Planner Ken Baker, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Director of Public Safety Rick Black, Police Chief Marlin Price, Deputy Director of Administrative Services Malcolm Jackson, Assistant to the Public Works Director Valerie Bradley, Economic Development Director Greg Last, Economic Development Specialist Betsy Boyett, City Attorney Allen Taylor, Acting City Secretary Kim Bush, City Manager's Office Intern Ben Thatcher, Public Information Officer James Kunke, and Deputy City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:42 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:25 p.m. Agenda Item No. 2A, Executive Session: Mayor Stacy 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 551.074, deliberation regarding personnel matters; Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:25 p.m. Agenda Item No. 2B, Reconvene: Executive Session ended at 7:20 p.m. and City Council reconvened the regular meeting at 7:22 p.m. There was no action necessary as a result of the Executive Session. Agenda Item No. 3, Invocation was presented by Marty Dunbar, White's Chapel United Methodist Church. Agenda Item No. 4, Reports: A. Mayor's Report — Mayor Stacy announced upcoming meetings / events. B. City Manager's Report — none C. SPIN Report — SPIN #14 Representative Mike Conrads stated that SPIN participated in the 4 of July celebration by visiting with residents and passing out flyers. He also asked for Council support of the SPIN budget for FY2002 -03. D. Parks and Recreation Report — Board member Mary Georgia reported on activities at the area parks and thanked the SPDC Board for considering Lacrosse Association needs. She also commented that the Board was reviewing the park dedication ordinance as it relates to the acceptance of park land dedications of less than 5 acres. E. Committee Reports — none CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 1 OF 11 F. Local Business Report — Dana Bailey with Dana's Dance Studio, gave a brief presentation and on their new store — 5,6,7,8 Dancewear and Shoes. Kids from the studio also gave a fashion show on the apparel available at the new store. Consent Agenda: 5A. Approval of the minutes of the regular City Council meeting held on June 18, 2002, and the Retreat meetings held on June 20 and 21, 2002. Approved as presented. 5B. Resolution No. 02 -041, Amending the City of Southlake's Authorized Representatives with TexPool. Staff recommends adding Assistant Finance Director Sharon Guess, Senior Accountant Lynn Warren, and Finance Director Sharen Elam as authorized representatives with TexPool. 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, AMENDING THE CITY OF SOUTHLAKE'S AUTHORIZED REPRESENTATIVES WITH "TEXPOOL." 5C. Authorizing the Mayor to execute an Interlocal Agreement between the City of Southlake and the City of Keller to purchase Keller's water customer connections within Southlake's city limits. Staff recommends the purchase of the 212 Keller water customers that are within the city limits of Southlake at a cost of $27,615 less expenses. 5D. Authorize the City Manager to reactivate a contract of sale with ECN Enterprises Inc., for the sale of Lot 2R, Block 1, Corner Addition, 200 Randol Mill Road, Southlake, Texas for $425,000. Staff recommended approval as presented. 5E. ZA01 -140, Plat Revision of Lot E, Block 1, Old Orchard Country Estates, being approximately 3.5 acres of land located on the southwest corner of West Dove Road and Shady Oaks Drive. Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #11. Staff recommended approval as approved by P &Z at its June 20, 2002, meeting subject to Plat Review Summary No. 3, dated June 14, 2002. 5F. Ordinance No. 480 -NN, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing" district, Section 34 "Accessory Uses" and Section 44 "Board of Adjustments." Staff recommended tabling to the September 17, 2002, City Council meeting. 5G. Resolution No. 02 -048, Granting approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2002 Single Family Mortgage revenue Bonds to finance home mortgages for single family homes located within the city. Staff recommended approval as presented. 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 APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2002 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY. CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 2 OF 11 9A. Resolution No. 02 -045, Authorizing staff to apply for a Texas Forest Service Urban Forestry Partnership Grant related to a study for the proposed Nature Center. Staff recommended approval as presented. The funding source is a 50/50 matching funds reimbursement grant, with the city responsible, through the SPDC budget, for $4,000 in local cash and $2,000 of in -kind donations. At its June 8 meeting, the Parks and Recreation Board voted 5 -0 to make a recommendation to City Council to authorize staff to apply for the grant. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS FOREST SERVICE, HEREINAFTER REFERRED TO AS THE "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS FOREST SERVICE URBAN FORESTRY PARTNERSHIP GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED FUND FOR A SITE ASSESSMENT SURVEY AND STUDY OF THE BOB JONES PARK AND CORP PROPERTY FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. 9B. Resolution No. 02 -046, Authorizing staff to apply for a Telecommunication Infrastructure Fund (TIF) Grant for Southlake Public Library. Staff recommended approval as presented for staff to submit a Telecommunications Infrastructure Grant application for funding not to exceed $50,000, with a City match not to exceed $5,000. The Library Board at its June 22, 2002, meeting recommended that staff apply for the TIF LBII grant. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TELECOMMUNICATIONS INFRASTRUCTURE FUND (TIF) BOARD, HEREINAFTER REFERRED TO AS THE "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE TELECOMMUNICATIONS INFRASTRUCTURE GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE ($5,000) IS READILY AVAILABLE; AND DEDICATING THE PROPOSED FUND FOR THE ENHANCEMENT OF PUBLIC INTERNET AND WORKSTATION ACCESS IN THE SOUTHLAKE PUBLIC LIBRARY. 10A. Southlake participation level in the Texas Loan Star Libraries program. Staff recommended approval as approved by the Library Board at its meeting on June 26, 2002, for participation at Level 2, opting to participate in the TexShare program, but continuing non - resident fees for library privileges. CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 3 OF 11 10B. Request for a variance to Sign Ordinance No. 704 -A for Ultimate Electronics located at 2727 E. Southlake Boulevard. As discussed with the applicant Steve Youel during the work session, Council recommended 60" lettering for the word "ULTIMATE" only and suggested that the applicant bring back a separate request for the advertising panels on the outside of the building. Motion was made to approve consent agenda items 5A, 5B, 5C, 5D, 5E, 5F (to table), 5G, adding 9A, 9B, 10A (at level 2), and 10B (60" letters for " UTLIMATE" only and allowing submittal of advertising panels at a later date) as discussed tonight and presented above. Motion: Standerfer Second: Evans Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: none Approved: 7 -0 REGULAR AGENDA 6. Public Forum. Joe Bentley, 214 Westwood Drive, Southlake, Texas, expressed his concerns with allowing more C- 2 and C -3 zoning uses along FM 1709 when these uses might be preferred in the TIF district. 7A. Ordinance No. 480 -PP, 2" Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, regarding "Lot Area" within the "I -1" Light Industrial District and "B -1" Business Service Park District. Senior Planner Dennis Killough presented Ordinance No. 480 -PP stating that staff recommends amending Section 24.5f and 26.5f of the Comprehensive Zoning Ordinance No. 480 to read: "The minimum land area within a contiguous district boundary shall be five (5) acres. There shall be no minimum lot size for lots platted within this district." P &Z recommended approval at its June 6, 2002 meeting. Councilmember Potter requested that staff prepare an amendment to the zoning ordinance that will require a site plan be submitted with an industrial zoning request. There were no comments 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; REVISING CERTAIN SECTIONS REGARDING LOT AREA IN THE `B- 1" BUSINESS DISTRICT AND THE "I -1" LIGHT INDUSTRIAL DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 4 OF 11 Motion was made to approve Ordinance No. 480 -PP, 2 Reading, regarding "Lot Area" within the I -1 and B -1 districts. Motion: Standerfer Second: Potter Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 7 -0 7B. Ordinance No. 480 -398, 2' Reading (ZA02 -018) Rezoning and Concept Plan for Cornerstone Business Park, being approximately 9.3 acres of land located on the northeast corner of Crooked Lane and S. Nolen Drive. Current Zoning: 0-1 - Office District and I -1 - Light Industrial District. Requested Zoning: I -1 - Light Industrial District. Amended Requested Zoning: SP -2 - Generalized Site Plan District with I -1 Light Industrial District uses. Senior Planner Dennis Killough presented the request stating that P &Z approved the request at its meeting on May 9, 2002, subject to Concept Plan Review Summary No. 3, dated May 3, 2002, and City Council approved on 1 reading at its meeting June 18, 2002, accepting applicant's request for change in zoning to S -P -2 with I -1 uses. The applicant Kent Bell with JDJR Engineering commented that he would be able to save more trees with a type F -1 bufferyard and a variance to plant Nellie R. Stevens Holly instead of providing a stockade fence along the northwest property line. He also commented that Sexually Oriented Business use is listed under this district as an allowable use, but he has no intention on requesting this type of use. There were no comments 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 LOTS 1, 2R1, 3, 4, AND 5, CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, ACCORDING TO THE PLATS RECORDED IN CABINET A, SLIDE 4010 AND CABINET A, SLIDE 6339, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 9.295 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT AND "I -1" LIGHT INDUSTRIAL DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "I -1" LIGHT INDUSTRIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 5 OF 11 Motion was made to approve Ordinance No. 480 -398, 2 °a Reading, subject to Concept Plan Review Summary No. 5, dated July 12, 2002, granting the requested variances and accepting applicant's proposal to remove Sexually Oriented Business uses from the list of allowable uses. Motion: Potter Second: Standerfer Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans Nays: none Approved: 7 -0 7C. ZA02 -021, Site Plan for Lot 1, Block 2, Cornerstone Business Park, located on the southeast corner of Exchange Boulevard and Silicon Drive. Current Zoning: I -1 Light Industrial District. Senior Planner Dennis Killough presented the request and stated that P &Z recommended approval at its June 6, 2002, meeting subject to Site Plan Review Summary No. 4, dated May 31, 2002, granting requested variance in articulation. The applicant Skip Blake, 1202 S. White Chapel, was present to answer questions of the Council. There were no comments during the Public Hearing. Motion was made to approve ZA02 -021, subject to Site Plan Review Summary No. 4, dated May 31, 2002, granting requested variance in articulation. Motion: Standerfer Second: Stephen Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: none Approved: 7 -0 7D. Resolution No. 02 -043 (ZA02 -050) Specific Use Permit for Integrated Interiors to install a carport for non - residential property on property described as Lot 1, Block 2, Cornerstone Business Park, located at 2815 Exchange Boulevard. Current Zoning: I -1 Light Industrial District. Senior Planner Dennis Killough presented the request and stated that the zoning ordinance permits carports for a maximum of six spaces with a Specific Use Permit. The applicant is requesting nine spaces, which can be approved if the carports are not visible from the road. The applicant does not believe the carports are visible from the road. P &Z recommended approval as requested at its meeting on June 20, 2002 and stipulated that the masonry, roofing materials, and roof pitch used will match the main building. The applicant Skip Blake was present to answer questions for the Council. Councilmember Morris suggested that Nellie R. Stevens Holly be planted to help ensure that the carports will not be seen from the road. There were no comments 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 CARPORTS FOR NON- RESIDENTIAL PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 2, CORNERSTONE BUSINESS PARK, BEING APPROXIMATELY 1.21 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 6 OF 11 INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve ZA02 -050 as recommended by P &Z and subject to screening by planting of Nellie R. Stevens Holly or something equivalent. Motion: Standerfer Second: Shankland Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy Nays: none Approved: 7 -0 7E. Ordinance No. 480 -399, 2 Reading (ZA02 -034) Rezoning and Site Plan for Sonic Restaurant, at 2550 East Southlake Boulevard (FM 1709) located on the north side of East Southlake Boulevard (FM 1709), approximately 600' west of N. Nolen Drive. Current Zoning: AG - Agricultural District. Requested Zoning: S -P -1 - Detailed Site Plan District with C -2 - Local Retail Commercial District uses. Senior Planner Dennis Killough presented the request and stated that the applicant has submitted a new plan which shows a new driveway and the addition of a stop sign. Mr. Killough further informed the Council that there was still no access from the east and there was still opposition from the Bank of the West. The applicant was present to answer questions for the Council. Mayor Stacy suggested that one driveway with a right -in, right -out would appear to work well for this type of business. Randall McCauley with Bank of the West said that he would withdraw his opposition if the driveway to their property was eliminated. Council discussed issues with the traffic on Southlake Boulevard and the inappropriateness of this type of business at this site. Public Hearing: Maria Chase, 600 Cherry Ct., commented that she was not against the development and she applauds the applicants efforts to preserve the trees. There were no other comments 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 TRACT 1B1, W.E. MAYFIELD SUBDIVISION AND BEING .9451 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES LIMITED TO FAST FOOD RESTAURANTS, 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 CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 7 OF 11 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 deny Ordinance No. 480 -399, 2" Reading. Motion: Potter Second: Shankland Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer Nays: Stacy Approved (to deny): 6 -1 7F. Ordinance No. 480 -400, 2' Reading (ZA02 -038) Rezoning and Site Plan on property located at 2171 E. Southlake Boulevard (FM 1709). Current Zoning: B -1 Business Park District. Requested Zoning: S- P-1 Detailed Site Plan District Regulations with C -2 Local Retail Commercial District and limited C -3 General Commercial District uses. Senior Planner Dennis Killough presented the request and stated that Council approved the request on 1 reading at its meeting June 18, subject to Site Plan Review Summary No. 4, dated June 14, 2002, and further subject to a 20' type RA25 lighting as shown on page 2 of ERA International Design Luminaries (or something equivalent), granting 5' variance on driveway spacing, and further limited to accepting applicant's agreement to revoke access to Gateway Church, comply with 70% maximum impervious coverage, add decorative appliques to steel doors and plant ivy on east wall. Applicant Tommy Pigg was present to answer questions for the Council. He commented that he has made some improvements to the elevation by adding eyebrow canopies. Public Hearing: Joe Bentley, 214 Westwood Drive, commented that he was against the proposal because of serious issues with traffic and rezoning different than the land use designations. He commented that allowing these types of uses along Southlake Boulevard will be in direct competition with the Town Square TIF development. There were no other comments during the Public Hearing. Council discussed issues with traffic problems on Southlake Boulevard and the need to include a stub out to the west for access to the Village Circle traffic light. Council also commented that staff needs to look at putting a road on the Master Thoroughfare Plan behind the properties in this area that could eventually provide access to South Kimball Avenue. 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 3, J. A. FREEMAN NO. 529 ADDITION AND TRACT 1B2, SITUATED IN THE J. A. FREEMAN SURVEY, ABSTRACT NO. 529, AND BEING APPROXIMATELY 3.72 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B -1" BUSINESS SERVICE PARK DISTRICT TO "S -P -1" (DETAILED) SITE PLAN DISTRICT WITH "C -2" CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 8 OF 11 LOCAL RETAIL COMMERCIAL DISTRICT USES AND LIMITED "C -3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -400, 2nd Reading, subject to Site Plan Review Summary No. 4, dated June 14, 2002, including the amendment discussed tonight showing canopies, working out a western stub -out, granting variance requested, and subject to previous conditions approved on 1 reading. Motion: Standerfer Second: Shankland Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: none Approved: 7 -0 7G. Ordinance No. 480 -402, 2nd Reading (ZA02 -049) Rezoning and Concept Plan for Southlake Woods, Phase II, located west of S. Peytonville Avenue to include the east and northeast lots along Deer Hollow Boulevard; east and west lots along Longhorn Hollow; and lots 5 through 14 along Weeping Willow Way. Amended request to include Lots 30 -35R, Block 6, only. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: SF -20A - Single Family Residential District. Senior Planner Dennis Killough presented the request and stated that Council approved the request on 1st reading, for lots 30 -35R, block 6, and further subject to Concept Plan Review Summary No. 2, dated May 31, 2002. The applicant Greg Pound, Project Manager, was present to answer questions. Councilmember Rex Potter commented that the applicant could have maintained the SF 1 zoning if he had eliminated one lot. Public Hearing: Jay March, 1627 Mockingbird, asked why easements could not have been obtained around the pond to make it accessible to the residents of the subdivision rather than going through a rezoning process. The applicant Mr. Pound stated that the Homeowners Association would have more control over the property through ownership rather than with an easement. There were no other comments 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 CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 9 OF 11 OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 30 THROUGH 36, BLOCK 6, SOUTHLAKE WOODS, PHASE 2, AND BEING APPROXIMATELY 6.9 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -20A" 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. Motion was made to approve Ordinance No. 480 -402, 2 Reading, subject to the Revised Concept Plan Review Summary No. 2, dated July 12, 2002, and as approved on 1 reading by City Council at its June 18, 2002 meeting, and as approved by P &Z at its June 6, 2002 meeting. Motion: Standerfer Second: Evans Ayes: Evans, Shankland, Morris, Standerfer, Stephen, Stacy Nays: Potter Approved: 6 -1 7H. Resolution No. 02 -044 (ZA02 -058) Specific Use Permit for Southlake Town Square Farmer's Market, on property described as Southlake Town Square, Phase I, and being 42.013 acres. The property is located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). Current Zoning: NR -PUD Non - Residential Planned Unit Development District to include C -3 General Commercial District uses. Senior Planner Dennis Killough presented the request and stated that P &Z recommended approval at its meeting on June 20, 2002. The applicant Brian Stebbins was present to answer questions and made a brief presentation. Public Hearing: Joe Bentley, 214 Westwood Drive, commented that this type of event promotes impulse buying, which brings people in to shop at other stores in Town Square and the community. There were no other comments 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 A FARMER'S MARKET ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 4, BLOCK 2R1, SOUTHLAKE TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 10 OF 11 DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 02 -044 a Specific Use Permit for the Town Square Farmer's Market. Motion: Standerfer Second: Evans Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy Nays: none Approved: 7 -0 8A. Ordinance No. 480 -224a, 1 Reading (ZA02 -042) Zoning Change and Concept Plan for Southlake Town Square, located on the south side of State Highway 114, north side of East Southlake Boulevard (FM 1709) and east side of North Carroll Avenue. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR -PUD Non - Residential Planned Unit Development District. Senior Planner Dennis Killough presented the request and commented that P &Z recommended approval at its meeting on May 23, 2002. Applicant Brian Stebbins commented that he has, on a number of occasions, visited with Council and realizes that there are a lot of concerns that need to be worked through. He requested that this request be tabled and asked that the Council consider having a work session to work through the concerns. Council discussed tabling the item until the 1 meeting in October and directed Staff to arrange for a work session in September. Motion was made to table Ordinance No. 480 -224a until the 1 meeting in October at the applicants request. Motion: Potter Second: Shankland Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: none Approved: (to table) 7 -0 11A. Specific Use Permit for Town Square Oktoberfest. During the work session members of the Southlake Chamber of Commerce gave a brief presentation on a Specific Use Permit for Town Square Oktoberfest that will be coming forward for Council consideration in the near future. Council agreed that an Oktoberfest for Town Square would be appropriate as long as there would be no negative impact on the tenants at Town Square. Mayor Stacy asked Frank Bliss of Cooper and Stebbins to take a survey of how the tenants feel about the event. 12. Meeting Adjourned. There being no further business to discuss the meeting was adjourned at 10:20 p.m. 000 „,, ,. ,,, r . ,. it.t....,.._ ATTEST: •••% . •••••'•••• F Mayor Ric �'acy ?y• Atti 0 • e gY Kim : ush, Acting City Secretary %h ill ........ ** * ``......e CITY COUNCIL MEETING MINUTES, JULY 16, 2002, PAGE 11 OF 11 C&6-6-i d "kJ aj- e n( J ( 92d il, I 4 ' , 2 CO 2, ' .._ bl° Vq11 � 0 We are the residents of Lakewood Acres. We are against town homes being built on Carroll Road across from our neighborhood. Name Address g ? ) 2G: , t , lol t ._A � 41 _ aC% �: ,. ' L. c• - ! 1117011117M11111111MEMENIM A VriCtM,( ' ✓t ii)c. l00 U.rI', Wir.)CX ._ . _ FLU_'.! ' - Ite # gen ��5,�3,5 ! 5t, 5 45E )5a ' / c h e3 Ayes/ Nays Abstain Vote ‘64/4/. 'ouncilmember Stephen ✓/ Councilmember Evans Councilmember Shankland Councilmember Morris I/ Councilmember Standerfer Councilmember Potter Mayor Stacy // Item # 74 � �� A ye Nays Abstain Vote Councilmember Evans V Councilmember Shankland Councilmember Morris Councilmember Standerfer V Councilmember Potter Councilmember Stephen / Mayor Stacy V r� :tem # : 7 Ayes Nays Abstain Vote Councilmember Shankland Councilmember Morris � Councilmember Standerfer Councilmember Potter Councilmember Stephen V Councilmember Evans Mayor Stacy 1 Item # 7v 70 A Nays Abstain Vote Councilmember Morris Councilmember Standerfer ✓/ Councilmember Potter V Councilmember Stephen Councilmember Evans t / . 17 .^.ouncilmember Shankland Ma Mayor Stacy Y Y 7'o Item # 71) Ayes Nays Abstain Vote " ouncilmember Standerfer Councilmember Potter Councilmember Stephen 4 Councilmember Evans V Councilmember Shankland V Councilmember Morris V Mayor Stacy I/ Item # 7 ` "1 "I Ayes Nays Abstain Vote Councilmember Potter t� Councilmember Stephen Councilmember Evans ✓/ Councilmember Shankland 1/ Councilmember Morris V Councilmember Standerfer Mayor Stacy N item # / !- ��� Ayes Nays Abstain Vote Councilmember Stephen , L.. Councilmember Evans i Councilmember Shankland / Councilmember Morris ✓/ Councilmember Standerfer 17 Councilmember Potter Mayor Stacy Item# /a, 7-e) Aye Nays Abstain Vote Councilmember Evans Councilmember Shankland Councilmember Morris V Councilmember Standerfer 1# Councilmember Potter 0 Councilmember Stephen \( Mayor Stacy ‘/ Item # 7 0/ D 2 -O SUP W Vldd Ayes Nays Abstain Vote " ouncilmember Shankland � Councilmember Morris Councilmember Standerfer 10 Councilmember Potter / Councilmember Stephen Councilmember Evans Mayor Stacy Item # � I7 ` 7-0 7i 712071.1 eduf — f i 1111'N 5rtn . 0 Ayes Nays Abstain Vote Councilmember Morris Councilmember Standerfer Councilmember Potter Councilmember Stephen Councilmember Evans Councilmember Shankland Mayor Stacy �U 6 item # Ayes Nays Abstain Vote Councilmember Standerfer Councilmember Potter Councilmember Stephen Councilmember Evans Councilmember Shankland Councilmember Morris Mayor Stacy Item # Ayes Nays Abstain Vote Councilmember Potter Councilmember Stephen Councilmember Evans Councilmember Shankland Councilmember Morris Councilmember Standerfer Mayor Stacy