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2013-08-20 n sSs CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 20, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller and Councilmembers Laura Hill, Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, Deputy Director of Community Services Kari Happold, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Chief of Police Steve Mylett, Director of Human Resources Stacey Black, Deputy Director of Information Technology Greg Hendricks, Network Administrator Hayden Seeley, Senior Director of Planning and Development Services Ken Baker, Planner I Lorrie Fletcher, Director of Public Works Bob Price, Deputy Director of Public Works Cheryl Taylor, City Attorney E. Alien Taylor and Deputy City Secretary Traci Riggs. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:32 p.m. 2. INVOCATION Ms. Joy Roberson gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. FISCAL YEAR 2014 PROPOSED BUDGET — STRATEGIC INVESTMENTS AND CAPITAL IMPROVEMENTS PROGRAM City Manager Shana Yelverton gave a high level overview of the Fiscal Year 2014 proposed budget, aligning the proposed budget with the City's Strategic Management System to Council. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 1 of 13 4. 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 announced that item 6A would be moved to the consent agenda as a result of the applicant's request to table the item to the September 3, 2013 City Council meeting. Mayor Terrell also announced that items 7A and 9A be added to the consent agenda. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:23 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 city attorney, Section 551.072, deliberation regarding real property. City Council adjourned for Executive Session at 6:23 p.m. Executive Session began at 6:43 p.m. and concluded at 7:35 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:47 p.m. Mayor Terrell asked if any action was necessary from Executive Session. A motion was made to authorize staff to proceed with final settlement negotiations as discussed in executive session. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 3A. MAYOR'S REPORT PROCLAMATION — SOUTHLAKE HISTORICAL SOCIETY Mayor Terrell recognized and presented the Southlake Historical Society with a proclamation proclaiming August 20, 2013 as Southlake Historical Society Day. PROCLAMATION — SOUTHLAKE CARROLL SOCIAL STUDIES TEAM REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 2 of 13 Mayor Terrell recognized and presented the Southlake Carroll Social Studies Team with a proclamation proclaiming August 20, 2013 as Southlake Carroll Social Studies Team Day. 3B. CITY MANAGER'S REPORT No report was given. REGULAR AGENDA: 4. CONSENT AGENDA Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE AUGUST 6, 2013 REGULAR CITY COUNCIL MEETING. 4B. AWARD CONSTRUCTION CONTRACT FOR FM 1938 PHASE 2 UTILITY RELOCATION PROJECT TO WILSON CONTRACTOR SERVICES, LLC IN THE AMOUNT OF $1,845,378. 4C. RESOLUTION NO. 13 -034, ANNUAL REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATEGIES. 4D. APPROVE AN AGREEMENT WITH ST. MARTIN -IN- THE - FIELDS EPISCOPAL CHURCH FOR OPEN SPACE. 4E. APPROVE RENEWAL OF LEASE AGREEMENT WITH TOP FLIGHT. 4F. AUTHORIZE PURCHASE AND INSTALLATION OF SOFT START MOTOR CONTROL CENTERS AT PUMP STATION #2 WITH BRANDON & CLARK, INC. IN THE AMOUNT OF $122,640. 4G. CONSIDER PROPOSAL TO ADOPT A TAX INCREASE AND SET PUBLIC HEARING ON THE TAX RATE FOR THE SEPTEMBER 3 AND SEPTEMBER 17, 2013 REGULAR CITY COUNCIL MEETINGS. 4H. ZA13 -011, CONCEPT PLAN FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25 -35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 2A5 AND 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 3 of 13 ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. (AT THE REQUEST OF THE APPLICANT THIS ITEM HAS BEEN TABLED UNTIL THE SEPTEMBER 3, 2013 CITY COUNCIL MEETING.) 41. RESOLUTION NO. 13 -032 (ZA13 -053), SPECIFIC USE PERMIT FOR SINGLE FAMILY RESIDENTIAL IN THE "DT" DOWNTOWN DISTRICT FOR SOUTHLAKE TOWN SQUARE BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R, LOTS 25 -34 AND A PORTION OF LOT 35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. (AT THE REQUEST OF THE APPLICANT THIS ITEM HAS BEEN TABLED UNTIL THE SEPTEMBER 3, 2013 CITY COUNCIL MEETING.) 4J. RESOLUTION NO. 13 -033 (ZA13 -054), SPECIFIC USE PERMIT FOR RESIDENTIAL LOFTS IN THE SOUTHLAKE TOWN SQUARE "DT" DOWNTOWN DISTRICT FOR THE RESIDENCES ON PROPERTY DESCRIBED AS LOT 4, BLOCK 4R1, SOUTHLAKE TOWN SQUARE, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1471 FEDERAL WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. (THIS ITEM WAS TABLED AT THE AUGUST 8, 2013 PLANNING AND ZONING COMMISSION MEETING. IF APPROVED AT THE AUGUST 22, 2013 PLANNING AND ZONING COMMISSION MEETING THE PUBLIC HEARING WILL BE AT THE SEPTEMBER 3, 2013 CITY COUNCIL MEETING.) 4K. ZA13 -012, PRELIMINARY PLAT FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25 -35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. (AT THE REQUEST OF THE APPLICANT THIS ITEM HAS BEEN TABLED UNTIL THE SEPTEMBER 3, 2013 CITY COUNCIL MEETING.) 4L. ZA13 -080, PLAT REVISION FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 4 of 13 LOT 24R AND LOTS 25 -35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. (AT THE REQUEST OF THE APPLICANT THIS ITEM HAS BEEN TABLED UNTIL THE SEPTEMBER 3, 2013 CITY COUNCIL MEETING.) 4M. ORDINANCE NO. 480 -643 (ZA13 -060), 1 READING, ZONING CHANGE AND SITE PLAN FOR SOUTHLAKE PARK VILLAGE ON PROPERTY DESCRIBED TRACTS 4, 4D AND 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 1001 EAST SOUTHLAKE BOULEVARD AND 400 AND 430 SOUTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT AND "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #9. (THIS ITEM IS BEING TABLED UNTIL THE OCTOBER 1, 2013 CITY COUNCIL MEETING AWAITING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION.) 4N. ZA13 -065, SITE PLAN FOR CARROLL POINTE ON PROPERTY DESCRIBED AS LOT 1 R, GREENWAY - CARROLL ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 1201 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: "C -3" GENERAL COMMERCIAL DISTRICT. SPIN #8. (THIS ITEM WAS TABLED AT THE AUGUST 8, 2013 PLANNING AND ZONING COMMISSION MEETING. IF APPROVED AT THE AUGUST 22, 2013 PLANNING AND ZONING COMMISSION MEETING THE PUBLIC HEARING WILL BE AT THE SEPTEMBER 3, 2013 CITY COUNCIL MEETING.) 40. ORDINANCE NO. 480 -636 (ZA13 -035), 2 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR RIDGEVIEW II ON PROPERTY DESCRIBED AS TRACTS 1A, 1A1, 1AIA, 1A2, 1A2A, 1A2B, 1A3, 1A4, 1A4A, T.J. THOMPSON SURVEY, ABSTRACT NO. 1502 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 585 -725 DAVIS BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" - AGRICULTURAL DISTRICT. PROPOSED ZONING: "TZD" - TRANSITION ZONING DISTRICT. SPIN #10. (AT THE REQUEST OF THE APPLICANT THIS ITEM IS BEING TABLED INDEFINITELY.) 4P. ZA13 -036, PRELIMINARY PLAT FOR RIDGEVIEW II ON PROPERTY DESCRIBED AS TRACTS 1A, 1A1, 1AIA, 1A2, 1A2A, 1A2B, 1A3, 1A4, 1A4A, T.J. THOMPSON SURVEY, ABSTRACT NO. 1502 ADDITION, SOUTHLAKE, REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 5 of 13 TARRANT COUNTY, TEXAS AND BEING LOCATED AT 585 -725 DAVIS BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" - AGRICULTURAL DISTRICT. SPIN #10. (AT THE REQUEST OF THE APPLICANT THIS ITEM IS BEING TABLED INDEFINITELY.) APPROVED A motion was made to approve the consent agenda as presented — adding items 6A, 7A and 9A. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 5. PUBLIC FORUM No speakers. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480-641 (ZA13 -043), 2 READING, ZONING CHANGE AND CONCEPT PLAN FOR 1833 OUR LANE ON PROPERTY BEING DESCRIBED AS TRACTS 2C11, 2C12 AND 2C13, W. MARTIN SURVEY, ABSTRACT NO. 1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1833, 1847 AND 1851 OUR LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #5. PUBLIC HEARING TABLED This item was moved to the consent agenda and tabled to the September 3, 2013 City Council meeting. 6B. ORDINANCE NO. 480 -631A (ZA13 -067), 2 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. CURRENT ZONING: "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. PROPOSED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. PUBLIC HEARING REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 6 of 13 Senior Director of Planning and Development Services Ken Baker presented items 6B and 6C and was available to answer questions from Council. Applicant representative Paul Spain was present and 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. Mr. Tim Raley, 440 West Highland Street, spoke in opposition. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480-631a zoning change and development plan for Highland Oaks; subject to development plan review summary No. 1, dated July 12, 2013. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson 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 "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT 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; 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; REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 7 of 13 PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6C. ZA13 -063, PLAT REVISION 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. CURRENT ZONING: "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. APPROVED This item was presented in conjunction with item 6B. A motion was made to approve ZA13 -063, a plat revision for Highland Oaks; subject to plat review summary No. 2, dated July 12, 2013. Motion: Bledsoe Second: Williams Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6D. THIS ITEM WAS INTENTIONALLY LEFT BLANK 6E. THIS ITEM WAS INTENTIONALLY LEFT BLANK 6F. ORDINANCE NO. 480 -644 (ZA13 -066), 2 READING, ZONING CHANGE AND SITE PLAN FOR COMPLETE EMERGENCY CARE ON PROPERTY DESCRIBED AS LOT 2R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 321 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "0-1" OFFICE DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #10. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Fire Chief Mike Starr was present and available to answer questions from Council. Applicant representative Robert Morris was present and 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. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 8 of 13 Mr. Peter O'Donnell, 120 Londonberry Terrace, spoke in opposition. Ms. Bobbie Heller, 124 Londonberry Terrace, spoke in favor. The following people did not wish to speak, but asked that their support be entered into the record: Mr. Paul Blight, 1418 Montgomery Lane and Mr. Steve Shrum, 415 Highland Oaks Circle. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -644, zoning change and site plan for Complete Emergency Care Medical Villas at Tuscan Creek; reaffirming the SP -1 use identified in the application is limited to the subject 5,000 feet that the applicant will be purchasing and subject to site plan review summary No. 3, dated July 29, 2013. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Schelling, Terrell, Williamson Nays: Hill, 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 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 2R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.047 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 9 of 13 6G. ZA13 -072, SITE PLAN FOR SOUTHLAKE STORAGE ON PROPERTY BEING DESCRIBED AS LOT 5B, BRUMLOW INDUSTRIAL DISTRICT PHASE 11, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 1928 BRUMLOW AVENUE, SOUTHLAKE TEXAS. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Pamela Holt was present and 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 ZA13 -072, site plan for Southlake Storage Facility located on Brumlow; subject to the site plan review summary No. 3, dated August 14, 2013; specifically approving the following variances: pitched roof variance, the building articulation variance, the driveway spacing variance, the driveway stacking depth variance and also with respect to the bufferyards the southern boundary bufferyard variance is proposed with the natural vegetation and also the northern boundary bufferyard to leave as a natural buffer; accepting the applicant's offer for an 8 -foot textured metal fence as presented in the application; noting the applicant will work with the landscape administrator for the overall Council's desire to have an evergreen buffer of at least 20 -feet at a mature height to hide the potential recreational vehicles that would exceed the 8 -foot fence height on the entire western boundary. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6H. ORDINANCE NO. 999, 2 READING, ABANDON A PEDESTRIAN AND EQUESTRIAN EASEMENT LOCATED ALONG THE SOUTHERN BOUNDARY OF LOTS 10 THROUGH 17, BLOCK 1, FOX HOLLOW ADDITION, AS SHOWN ON THE PLAT DATED JULY 5, 1996. PUBLIC HEARING APPROVED Director of Community Services Chris Tribble 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. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 10 of 13 The following people spoke in support: Ira Tiffenberg, 505 Fox Glenn and Anne Zvonecek, 513 Fox Glenn. The following people spoke in opposition: Kim Panther, 1502 Spruce Court; Cassie James, 430 Shady Oaks Drive; George Grubbs III, 1305 Fanning Street; Kim McDavid, 120 Creekwood Court; Doreen Bruton, 480 West Highland; Bob Seebeck, 480 West Highland; Ann Bruder, 701 Inwood Drive; Laura Beth Tridico, 1032 Steeplewood Drive, Grapevine; Janece Hanna, 340 West Highland and Doris LaFavers, 303 East Highland. The following people did not wish to speak, but asked that their support be entered into the record: Mark Visosky, 511 Fox Glenn. The following people did not wish to speak, but asked that their opposition be entered into the record: Marilyn D Seebeck, 480 West Highland; Paul Spain, 395 West Northwest Highway 114; Connie Cooley, 603 Vicksburg Court; Grady Bruton, 480 West Highland; Tim Burgess, 1360 North Carroll Avenue; Lisa Cook, 3389 Foxfire Lane; Jeff Cook, 3389 Foxfire Lane; Joseph Panther, 1502 Spruce Court; Diana Panther 1502 Spruce Court; Tim Raley, 440 West Highland Street and Mike LaFavers, 303 East Highland. There being no one else wishing to speak, Mayor Terrell closed the public hearing. Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Govemment Code, Section 551.071, consultation with city attorney. City Council adjourned for Executive Session at 10:01 p.m. Executive Session began at 10:03 p.m. and concluded at 10:42 p.m. Mayor Terrell reconvened the meeting at 10:47 p.m. At the request of Mayor Terrell, the city attorney clarified the City's contractual obligation related to the original developer agreement. A motion was made to approve Ordinance No. 999, abandon a pedestrian and equestrian easement located along the southern boundary of Lots 10 through 17, Block 1, Fox Hollow Addition. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Muller, Schelling, Terrell, Williamson Nays: Hill, Morris Approved: 5 -2 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, ABANDONING A PEDESTRIAN AND EQUESTRIAN EASEMENT LOCATED ALONG THE REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 11 of 13 SOUTHERN BOUNDARY OF LOTS 10 THROUGH 17, BLOCK 1, FOX HOLLOW ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE; AND PROVIDING AN EFFECTIVE DATE. 61. ORDINANCE NO. 1068, 2 READING, ABANDONMENT OF EXISTING UTILITY EASEMENTS FOR THE DFW CONNECTOR PROJECT. PUBLIC HEARING APPROVED 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. 1068, abandonment of existing utility easements for the DFW Connector Project. Motion: Bledsoe Second: Williams Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, ABANDONING THREE UTILITY EASEMENTS LOCATED ALONG EAST SOUTHLAKE BOULEVARD, NOW LOCATED WITHIN RIGHT -OF -WAY OWNED BY THE STATE OF TEXAS, AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -546A (ZA13 -081), 1 81. READING, ZONING CHANGE AND SITE PLAN FOR 1575 EAST SOUTHLAKE BOULEVARD (EBBY HALLIDAY REALTORS) ON PROPERTY BEING DESCRIBED AS LOT 2AR, BLOCK 1, GORBUTT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1575 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S- P-1" DETAILED SITE PLAN DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #8. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD SEPTEMBER 3, 2013.) APPROVED This item was approved with the consent agenda. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 12 of 13 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: 9A. AWARD CONSTRUCTION OF NORTH KIMBALL AVENUE FROM KIRKWOOD BOULEVARD TO DOVE ROAD TO PAVECON, LTD IN THE AMOUNT OF $3,464,780.40. APPROVED This item was approved with the consent agenda. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 10:55 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. • 4 4 • John C.erre I Mayor ATTEST: ° ° ° ° { 9{a {a aaeg ai Traci i .°' RMC o ! 9 i 1. sv Deputy City Secr 1 ` ada lla /l SaYl {ii_ REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 20, 2013 Page 13 of 13