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2013-11-19 laj CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: November 19, 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, Assistant to the City Manager Caroline Eckel, Communication and Website Manager Pilar Schank, Deputy Director of Community Services Candice Edmondson, Chief Financial Officer Sharen Jackson, Deputy Fire Chief Wade Carroll, Director of Human Resources Stacey Black, Deputy Director of Information Technology Greg Hendricks, Deputy Police Chief Brandon James, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, City Attorney Wayne Olson 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. Jeff Gary gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. RECOGNITION OF NICOLA JESSE - "KEY VOLUNTEER LIAISON" Director of Human Resources Stacey Black announced the first recipient of the Key Volunteer Liaison award was presented to Nicola Jesse who in the last three months has lead over 180 volunteers who served more than 1,400 hours in the library. Staff liaisons are an important element of the Volunteer Southlake program and the City will be recognizing their investment by selecting a recipient quarterly based on the following criteria: REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 1 of 23 • An increase use of volunteers and an increase in total volunteer hours over the previous quarter; • The willingness to create and implement new volunteer opportunities, training and recognition programs; and • Providing superior customer service through timely and consistent communication with volunteers 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. Council member Morris requested that item 4B— Resolution No. 13 -049, be removed from the consent agenda. Mayor Terrell asked staff to summarize item to address Council member Morris' concern regarding attendance for the Southlake Business Council. Assistant City Manager Alison Ortowski advised Council that staff can include a clause in the resolution specifically regarding attendance. Ms. Ortowski further advised Council the Southlake Board and Commission manual has a section that addresses timely attendance for all members. City Manager Shana Yelverton recommended that staff provide Council with the Southlake Business Council attendance record and language from the Southlake Board and Commission manual prior to the next Council meeting. An item can be placed on a future agenda to address attendance if Council deems necessary to incorporate language in the resolution. Mayor Terrell asked Council member Morris if she still wanted item 4B removed from the consent agenda. Council member Morris commented that staffs response addresses attendance for the Southlake Business Council. Deputy Mayor Pro Tem Muller asked staff to summarize item 4C— Resolution No. 13- 051. Ms. Ortowski informed Council that former Director of Economic Development Greg Last is present to discuss Resolution No. 13 -051. Mr. Last informed Council the resolution approves a fourth amendment to the 380 agreement originally adopted in 2007. The agreement also includes a restatement of the three previous amendments, which provides for an all- inclusive agreement between the City of Southlake and Southlake Land Holdings, L.P. (Southlake Medical), now known as Forest Park Medical Center. Mayor Terrell recommended that the entire Council be appointed to the committees to review the sign ordinance regulations (item 4H) and landscape ordinance regulations (item 41). In the past staff has researched and forwarded recommendations for Council's direction versus conducting multiple committee meetings. Mayor Terrell asked staff to bring forward recommendations to Council in a future work session for REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 2 of 23 review and discussion. Council members are welcome to visit with staff prior to the work session. Council member Morris advised that she would like to be notified when staff begins working on the ordinance. Senior Director of Planning and Development Ken Baker informed Council that staff would begin working immediately to draft language for ordinances and bring forward recommendations for Council's review in February. At the request of Mayor Terrell, Mr. Baker informed Council the development for Glenmore Addition (items 4J and 4K) was denied by the Planning and Zoning Commission at their November 7, 2013 meeting. The applicant submitted a formal request to staff requesting that items be remanded back to the Planning and Zoning Commission to present revised plans. There was no objection from Council. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 5:50 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, Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:51 p.m. Executive Session began at 6:07 p.m. and concluded at 7:15 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:27 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as the result of Executive Session. 3A. MAYOR'S REPORT Mayor Terrell announced the upcoming meetings and events. 3B. CITY MANAGER'S REPORT No report was given. REGULAR AGENDA: REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 3 of 23 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 NOVEMBER 5, 2013 REGULAR CITY COUNCIL MEETING. 4B. RESOLUTION NO. 13 -049, A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION NO. 09-061 TO CHANGE THE NUMBER, MEMBERSHIP CRITERIA AND TIME OF APPOINTMENT OF REPRESENTATIVES ON THE SOUTHLAKE BUSINESS COUNCIL (SBC); AND PROVIDING AN EFFECTIVE DATE. 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, AMENDING RESOLUTION NO. 09 -061 TO CHANGE THE NUMBER, MEMBERSHIP CRITERIA AND TIME OF APPOINTMENT OF REPRESENTATIVES ON THE SOUTHLAKE BUSINESS COUNCIL (SBC); AND PROVIDING AN EFFECTIVE DATE. 4C. RESOLUTION NO. 13 -051, A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED AGREEMENT WITH SOUTHLAKE LAND HOLDINGS, L.P., A TEXAS LIMITED PARTNERSHIP, BY SOUTHLAKE LAND HOLDINGS GP, L.L.C. A TEXAS LIMITED LIABILITY COMPANY, ITS GENERAL PARTNER FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. 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, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED AGREEMENT WITH SOUTHLAKE LAND HOLDINGS, L.P., A TEXAS LIMITED PARTNERSHIP, BY SOUTHLAKE LAND HOLDINGS GP, L.L.C. A TEXAS LIMITED LIABILITY COMPANY, ITS GENERAL PARTNER FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 4 of 23 4D. ORDINANCE NO. 1075, 1 READING, MOBILITY MASTER PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON JANUARY 7, 2013.) 4E. ORDINANCE NO. 480 -537A, (ZA13 -128) 1 READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL LAKES OFFICE PARK ON PROPERTY BEING DESCRIBED AS LOTS 1 -7, BLOCK 1, KIMBALL LAKES OFFICE PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 560 TO 596 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) 4F. APPROVE AN AMENDMENT TO THE PROJECT BUDGET FOR BICENTENNIAL PARK PHASE 2. 4G. APPROVE GUARANTEED MAXIMUM PRICE WITH DEAN CONSTRUCTION FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR BICENTENNIAL PARK IMPROVEMENTS. 4H. APPOINTMENT OF CITY COUNCIL MEMBERS TO A COMMITTEE TO REVIEW THE CURRENT SIGN ORDINANCE REGULATIONS. The consensus of Council was to have everyone on the Council serve on the committee. 41. APPOINTMENT OF CITY COUNCIL MEMBERS TO A COMMITTEE TO REVIEW THE LANDSCAPE ORDINANCE REGULATIONS. The consensus of Council was to have everyone on the Council serve on the committee. 4J. REMAND ORDINANCE 1079, (CP13 -004), A LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR GLENMORE ADDITION TO THE JANUARY 9, 2014 PLANNING AND ZONING COMMISSION FOR FURTHER ACTION. THE PROPERTY IS DESCRIBED AS LOTS 1R1, AND 1R2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1A, 3J1B, 3JIC, 3J2, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 280 SHADY OAKS DRIVE AND 800, 980, 1000, 1100, 1110, 1120 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TARRANT COUNTY, TEXAS. 4K. DEVELOPMENT PLAN FOR GLENMORE ADDITION TO THE JANUARY 9, 2014 PLANNING AND ZONING COMMISSION FOR FURTHER ACTION. THE REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 5 of 23 PROPERTY BEING DESCRIBED AS LOTS 1R1, AND 1R2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3JIA, 3JIB, 3JIC, 3J2, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 280 SHADY OAKS DRIVE AND 800, 980, 1000, 1100, 1110, 1120 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE TARRANT COUNTY, TEXAS. 4L. TABLED ITEMS: 1. ORDINANCE NO. 1078 (CP13 -006), 1 READING, LAND USE PLAN AMENDMENT FROM OFFICE COMMERCIAL TO RETAIL COMMERCIAL FOR SOUTHLAKE PLAZA II BEING PORTIONS OF TRACTS 1B AND 1B1, JOHN A FREEMAN SURVEY, ABSTRACT NO. 529 LOCATED AT 2191, EAST SOUTHLAKE BOULEVARD. AND 280 SOUTH KIMBALL AVENUE, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "B -1" BUSINESS SERVICE PARK DISTRICT AND "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #8. (THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED TO THE DECEMBER 3, 2013 CITY COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 17, 2013.) 2. ORDINANCE NO. 480 -650 (ZA13 -100), 1 READING, ZONING CHANGE AND SITE PLAN FOR SOUTHLAKE PLAZA II ON PROPERTY BEING DESCRIBED AS LOTS 1A1, 2A AND 3A, BLOCK B, SOUTHLAKE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 1B AND 1B1, JOHN A FREEMAN SURVEY, ABSTRACT NO. 529, SOUTHLAKE, TEXAS AND LOCATED AT 2191, 2201, 2211 AND 2221 EAST SOUTHLAKE BOULEVARD AND 280 SOUTH KIMBALL AVENUE. CURRENT ZONING: "B -1" BUSINESS SERVICE PARK DISTRICT, "CS" COMMUNITY SERVICE DISTRICT AND "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #8. (THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED TO THE DECEMBER 3, 2013 CITY COUNCIL MEETING. IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 17, 2013.) APPROVED A motion was made to approve the consent agenda as discussed. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 6 of 23 Approved: 7 -0 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ZA13 -107, SITE PLAN FOR LOT 1, BLOCK 1, JELLICO SQUARE ADDITION ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1 JELLICO SQUARE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 2310 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: S -P -2 — GENERALIZED SITE PLAN DISTRICT. SPIN #11. PUBLIC HEARING APPROVED Planner II Daniel Cortez presented item and responded to questions from Council. Council did not require a presentation from the applicant. 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 -107, site plan for Lot 1, Block 1, Jellico Square Addition pursuant to site plan review summary No. 3, dated November 5, 2013 and approving the pitched roof variance for buildings less than 6,000 feet. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Morris, Schelling, Terrell, Williamson Nays: Muller Approved: 6 -1 6B. RESOLUTION NO. 13 -048 (ZA13 -127), SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITY ON PROPERTY DESCRIBED AS LOT 5, BLOCK 1, SOUTHLAKE MEDICAL DISTRICT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 335 EAST STATE HIGHWAY 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: S -P -2 GENERALIZED SITE PLAN DISTRICT. SPIN #7. PUBLIC HEARING APPROVED REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 7 of 23 Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Council did not require a presentation from the applicant. 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 Resolution No. 13 -048, specific use permit for temporary construction facility at the Southlake Medical District Addition and accepting Planning and Zoning Commission's recommendation regarding timing and expiration of the SUP. Motion: Bledsoe Second: Muller 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITY ON PROPERTY DESCRIBED AS LOT 5, BLOCK 1, SOUTHLAKE MEDICAL DISTRICT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 335 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. 6C. RESOLUTION NO. 13 -047 (ZA13 -116), SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITY ON PROPERTY DESCRIBED AS LOT 11, BLOCK 6, SHADY OAKS PHASE 2F, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 908 BERKSHIRE ROAD, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Council did not require a presentation from the applicant. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 8 of 23 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 Resolution No. 13 -047, specific use permit for temporary construction sales facility in the Shady Oaks Phase 2F and accepting the Planning and Zoning Commission's recommendations regarding expiration of the SUP. Motion: Bledsoe Second: Muller 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION AND /OR SALES FACILITY ON PROPERTY DESCRIBED AS LOT 11, BLOCK 6, SHADY OAKS PHASE 2F, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 908 BERKSHIRE DRIVE, SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. 6D. RESOLUTION NO. 13 -042, (ZA13 -111), SPECIFIC USE PERMIT FOR A NON- RESIDENTIAL SOLAR ENERGY SYSTEM AND A CARPORT ON NON- RESIDENTIAL PROPERTY ON PROPERTY BEING DESCRIBED AS LOT 6R, HIRAM GRANBERRY NO. 581, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 501 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: 0-1 — OFFICE ZONING DISTRICT. SPIN #10. PUBLIC HEARING TABLED Planner II Daniel Cortez presented item and was available to answer questions from Council. In response to Council member Williamson's question, applicant representative Filipe Pena informed Council the wiring for the solar panels are internal within the structure. Mr. Pena confirmed that there would be no exposed wires. Council member Hill inquired if the solar panels are located on the carport to minimize cost as opposed to locating the solar panels on the existing building. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 9 of 23 Mr. Pena informed Council it would be more efficient to place the solar panels on the carport and that the existing building is not capable of containing all the panels. Mr. Pena also informed Council the angle of the roof is not ideal for the panels. In response to Council member Hill's question, Mr. Pena informed Council the applicant expects to utilize the solar panels to run 30% of the building's energy usage. Mr. Pena informed Council the placement of the solar panels on the carport is not to reduce the cost, but to have the ability to utilize more solar panels. In response to Council member Morris' question, Mr. Pena advised they could place masonry on the support column. Council discussed the request, specifically the pitch of the building roof and regulation and structure of carports. A motion was made to approve Resolution No. 13 -042, specific use permit for a non- residential solar energy system and a carport on non - residential property, noting approval of the variances for the roof pitch materials and carport spaces and not accepting the applicant's request for relief from having masonry materials for the support columns. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Muller Nays: Hill, Morris, Muller, Schelling, Terrell, Williamson Failed: 2 -5 Mayor Terrell announced that if the applicant wished to come forward with a new plan that Council would consider the request. Mr. Baker informed Council their denial of Resolution No. 13 -042 closes the application. The applicant would be required to submit a new application and go through the submittal process. A motion was made to reconsider the vote for Resolution No. 13 -042. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 Mayor Terrell asked the applicant if they wanted the Council to table the item to a later date. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 10 of 23 Mr. Charles Krumpley, applicant representative, informed Council the project needs to be completed by the end of the year to qualify for a certain tax incentive. Mr. Krumpley advised that the roof of the existing building does not provide enough space for the amount of power to be generated by the solar panels. There are several pitches on the roof and there is only one of four roofs that face south. He further commented that the vent pipes are routed to the back with none being located on the east, west or north. In order to produce the maximum amount of energy they need a south facing panel with 180- degrees that is tilted between 10 and 25 degrees. The carport allows for the proper pitch to achieve maximum production of the solar panels. In response to Mayor Terrell's question, Mr. Krumpley advised that they can place solar panels on the roof, but they would not realize the full scope of the project, energy target or economics for this project. Mayor Terrell informed the applicant that Council can table the item to the next meeting to allow discussions with property owner to determine whether the request will be amended or withdrawn. A motion was made to table Resolution No. 13 -042 to the December 3, 2013 City Council meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6E. RESOLUTION NO. 13 -043, (ZA13 -112), SPECIFIC USE PERMIT FOR A RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY BEING DESCRIBED AS LOT 3R3, BLOCK 1, STEWARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 551 EAST DOVE ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: SF- 1A — SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #3. PUBLIC HEARING APPROVED Planner II Daniel Cortez presented items 6E, 6F, 6G and 6H and was available to answer questions from Council. Council did not require a presentation from the applicant. 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 Resolution No. 13 -043, specific use permit for a residential solar energy system located at 551 East Dove Road. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 11 of 23 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM ON RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 551 EAST DOVE ROAD, BEING DESCRIBED AS LOT 3R3, BLOCK 1, STEWART ADDITION AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6F. RESOLUTION NO. 13 -044, (ZA13 -113), SPECIFIC USE PERMIT FOR A RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY BEING DESCRIBED AS LOT 60, BLOCK 2, DOVE ESTATES, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 3160 PENINSULA DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: SF -20B — SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #2. PUBLIC HEARING APPROVED This item was presented in conjunction with items 6E, 6G, and 6H. 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 Resolution No. 13 -044, specific use permit for a residential solar energy system for the property located at 3160 Peninsula Drive and accepting the Planning and Zoning Commission's recommendation for the solar energy system panel not to exceed 300 square feet. Motion: Bledsoe Second: Muller 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM ON RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 12 of 23 AT 3160 PENINSULA DRIVE BEING DESCRIBED AS LOT 60, BLOCK 2, DOVE ESTATES AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6G. RESOLUTION NO. 13 -045, (ZA13 -114), SPECIFIC USE PERMIT FOR A RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY BEING DESCRIBED AS LOT 27, BLOCK 9, TIMARRON PHASE ONE, SECTION TWO, BENT CREEK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1360 BENT CREEK DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #9. PUBLIC HEARING APPROVED This item was presented in conjunction with items 6E, 6F, and 6H. 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 Resolution No. 13 -045, specific use permit for a residential solar energy system for the property located at 1360 Bent Creek Drive. Motion: Bledsoe Second: Muller 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM ON RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1360 BENT CREEK DRIVE BEING DESCRIBED AS LOT 27, BLOCK 9, TIMARRON PHASE ONE, SECTION TWO, BENT CREEK AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6H. RESOLUTION NO. 13 -046, (ZA13 -115), SPECIFIC USE PERMIT FOR A RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY BEING DESCRIBED AS LOT 37, BLOCK 38, TIMARRON ADDITION CRESCENT ROYALE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 612 REGENCY CROSSING, SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #9. PUBLIC HEARING REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 13 of 23 APPROVED This item was presented in conjunction with items 6E, 6F, and 6G. 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 Resolution No. 13 -046, specific use permit for a residential solar energy system for the property located at 612 Regency Crossing. 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM ON RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 612 REGENCY CROSSING BEING DESCRIBED AS LOT 37, BLOCK 38, TIMARRON ADDITION CRESCENT ROYALE AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 61. 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 ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 61, 6J, 6K, 6L and 6M and was available to answer questions from Council. Applicant representatives Frank Bliss and Larry Corson presented the request and responded to questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 14 of 23 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. City Council adjourned for Executive Session at 9:15 p.m. Executive Session began at 9:17 p.m. and concluded at 9:20 p.m. Mayor Terrell reconvened the meeting at 9:34 p.m. Mayor Terrell announced there is no action necessary as the result of Executive Session. Council discussed the requests submitted by the applicant and asked applicant to respond to questions and concerns — original plan submitted and approved by Council for Brownstones, garage doors, tandem parking, increasing pre -sale percentage of condominiums, density of project, compatibility of land uses — addressed by Council during their deliberation. Mayor Terrell advised the public that he is opening the public hearing for items 61, 6J 6K, 6L and 6M. Mayor Terrell advised that he received comments cards from the public who wished to speak and those who did not wish to speak but have their support/opposition recorded in the minutes. The following people spoke in support of the Garden District —items 61, 6J, 6K, 6L, and 6M: Mr. Morgan Alexander, 1562 Main Street, Ms. Lisa Alexander, 1562 Main Street, Mr. Ryan Smith, 1532 Main Street; Mr. Bill Arnold, 1586 Main Street; Mr. Mike Mills, 1528 Main Street; Ms. Rita Mills, 1528 Main Street; and Mr. Joe Kienast, 1518 Main Street. The following citizen spoke in support of The Residences —item 6K - Ms. Isabella Papadimitrion, 109 Yale Drive. The following citizen spoke in support of the Garden District —items 61, 6J, 6K - Mr. Kenneth Horne, 115 Ashmoore Court. The following people spoke in opposition of The Residences —item 6K: Mr. Shahid Shafi, 910 Brazos Drive; Mr. John Rafa, 1354 Estella Way; Ms. Patti Rafa, 1354 Estella Way; Mr. Richard Sandow, 1750 Sleepy Hollow Trail; and Mr. Gary Fawks, 330 Raveneux, also presented a petition to file with the minutes. The following people were originally in opposition, but based on the increase in percentage for pre -sales of condominiums are neutral in their position: Mr. Tom Riney, 1505 Spruce Court; and Ms. Kanya Buczek, 1203 Kings Brook Drive. The following citizen identified opposition on their comment card, but comments did not indicate favor or support of the Garden District Brownstones and The Residences - Mr. Joe Sansonz, 1218 Forest Hills Drive. The following citizens submitted a comment card to speak in opposition to items 61, 6J, 6K, 6L and 6M, but were not present when their name was called: Rhonda Ryemon, REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 15 of 23 1403 Rainbow Street; Thomas Drake, 1212 Westmont Drive; Michael Manniy (writing not legible), 310 Lakeside Court; Donna Baker, 1335 Meadow Glen; and Craig Smith, 1303 Forest Hills Court. The following citizens submitted a comment card to speak in opposition to the Downtown District (The Residences) and in support of the Garden District, but were not present when their name was called: Mark Biersmith, 1589 Main Street and Sally Biersmith, 1589 Main Street. Ms. Suzanne Maisto, 1909 Big Bend Cove, thanked Council for their service to the City of Southlake. She commented that she is not in favor of rentals and prefers condominiums. Mr. Brad Catalone, 715 Dominion Drive, commented that he is concerned with the high density, traffic and congestion. (Name inaudible), 401 Bayou Vista, did not indicate if he was in favor or opposition. He commented on the discussion and agreement of increase in percentage for pre -sale of condominiums. Ms. Karla Cogburn (submitted a comment card to record opposition for item 6K), 1308 Westmont Court, did not indicate if she was in favor or opposition. Ms. Cogbum commented on her experience with condominiums and resale of condominiums and asked the applicant to sell the condominiums. The following people did not wish to speak, but asked that their opposition be entered into the record for item 6K: Deborah Banett, 1365 Lakeview Drive; Monawar Alhaque, 508 Stonebury Drive; Saleha Haleem, 915 Brazos Drive; Lynn Fondon, 301 Donley Court; Barbara Thompson, 1214 Westmont Drive; Robert V. Peipert, 1340 Woodbrook Court; Paul Payne, 1337 Ten Bar Trail; Meda Payne, 1337 Ten Bar Trail; Mary Lynn Church, 1346 Meadow Glen; Doris Jean Head, 1207 Lansdowne Court; Mark A. Schulte, 1200 Haven Circle; Syed K Hasan, 2308 Idlewild Court; Jennifer Cooper, 1365 Holland Hill; Brad Catalone, 715 Dominion Drive; Katie Papadenis, 206 Lake Crest Drive; Jiri Smetana, 1405 Montgomery Lane; Sandra Premer, 410 Highland Oaks Circle; Ted Palmer, 410 Highland Oaks Circle; John W. Firestone, 507 Regency Crossing; Peggy Firestone, 507 Regency Crossing; Lisa DeBoever, 1305 Kings Brook Court; Natalie Wilcox, 1317 Westmont Court; Robert Ladd, Larry Farrar, 1360 Bent Creek Drive; Eric Anderson, 602 Nicholas Court; and Karla Cogburn, 1308 Westmont Court. The following people did not wish to speak, but asked that their support be entered into the record for items 61, 6L and 6M: Terry Lewis, 1524 Main Street and Stan Alexander, 1562 Main Street. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 16 of 23 The following people did not wish to speak, but asked that their support be entered into the record for items 61, 6K, 6L and 6M: Cathy Jackson, 175 Summit Avenue and Charles Jackson, 175 Summit Avenue. The following people did not wish to speak, but asked that their support be entered into the record for items 61, 6J, 6K, 6L and 6M: Carol Vance, 1510 Main Street; Hobey Vance, 1510 Main Street; and Joanna Arnold, 1586 Main Street. The following people did not wish to speak, but asked that their opposition be entered into the record for items 61, 6J, 6K, 6L and 6M: Todd Fenley, 1305 Pecos Drive; Cathryn L. Ammermann, 506 Morningside Drive; Lisa Fenley, 1305 Pecos Drive; Donna Robinson, 454 Marshall Road; and Dolores Brown, 305 Clariden Ranch Road. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA 13 -011, concept plan for Southlake Town Square Garden District subject to the concept plan review summary No. 5, dated November 12, 2013 and accepting Planning and Zoning Commission's recommendation regarding the installation of landscaping if construction has begun in twelve (12) months and approving the variance for subsection 37.6(a) regarding four story building height; and requiring the extension of the existing fence from the south of the property to the north along the Home Depot boundary, which will be 8 -foot cedar. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Hill, Schelling, Terrell, Williamson Nays: Morris, Muller Approved: 5 -2 6J. 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. PUBLIC HEARING APPROVED This item was presented in conjunction with items 61, 6K, 6L, and 6M. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 17 of 23 A motion was made to approve Resolution No. 13 -032, specific use permit for single family residential in the Downtown District for Southlake Town Square pursuant to site plan review summary No. 4, dated November 12, 2013; noting recommendation to include Option B which is the lot combination plan pursuant to tonight's presentation; also recommending approval for Option A and Option B as included in the presentation for the Central Avenue road alignment; and approving permitting process to be extended from six months to one year. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 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 SINGLE FAMILY RESIDENTIAL IN THE "DT" DOWNTOWN DISTRICT FOR SOUTHLAKE TOWN SQUARE BROWNSTONES PHASE C ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED 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 BLVD. AND EAST OF CENTRAL AVE., SOUTHLAKE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. 6K. 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. PUBLIC HEARING APPROVED This item was presented in conjunction with items 61, 6J, 6L, and 6M. A motion was made to approve Resolution No. 13 -033, specific use permit for residential lofts in the Southlake Town Square Downtown District pursuant to site plan REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 18 of 23 review summary No. 4, dated November 12, 2013 and with the following stipulations: noting residential lofts will be single family residences and subject to the applicant's presentation to Council this evening; noting construction will not begin until a minimum of 55% sales threshold of the Garden District Brownstones —each lot sale must be confirmed by a certification from the Title Company of record, including certification as to the associated homebuilding contract. To qualify, each sold Brownstone lot must have a poured concrete slab and a water connection. As the Brownstones are being built in "pods" of typically 3 Brownstones each, any "Spec" Brownstones (including a model home) would be able to be counted toward the sales requirement. A Spec Brownstone is defined as a Brownstone under construction but not sold to the end buyer. If lots are combined for a larger customer Brownstone, each original lot will count toward the sales requirement so that the 55% threshold is always measured against the 33 lots; The Residences pre -sale threshold —each pre -sale must be certified by the Title Company of record as firm and binding contracts and should be bona fide arm's length and to third parties with non - refundable deposits. If condominium homes are combined for a larger residence, each original condominium home will count toward the sales requirement so that the 50% threshold is always measured against the original 38 condominium homes; approving variance request that may exist for building height exceeding in one corner of the building the 52' limitation; approving variance to Section 45.4(b) regarding expiration of SUP from six months to twenty -four (24) months; and acknowledging applicant's west building elevations and presentations regarding the garage door descriptions, building materials and colors with the brick materials on the first level and masonry stucco on levels above on the western elevation. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Schelling, Terrell, Williamson Nays: Hill, Morris, Muller Approved: 4 -3 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 RESIDENTIAL LOFTS IN THE SOUTHLAKE TOWN SQUARE "DT" DOWNTOWN DISTRICT FOR THE RESIDENCES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED AS LOT 4, BLOCK 4R1, SOUTHLAKE TOWN SQUARE, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. 6L. 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 REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 19 of 23 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. APPROVED This item was presented in conjunction with item 61, 6J, 6K and 6M. A motion was made to approve ZA13 -012, preliminary plat for Town Square pursuant to plat review summary No. 5, dated August 28, 2013. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 6M. ZA13 -080, PLAT REVISION 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. APPROVED This item was presented in conjunction with item 61, 6J, 6K and 6L. A motion was made to approve ZA13 -080, plat revision for Southlake Town Square Garden District and the Brownstones pursuant to plat review summary No. 2, dated August 28, 2013. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Hill, Schelling, Terrell, Williamson Nays: Morris, Muller Approved: 5 -2 Mayor Terrell recessed the meeting at 12:15 a.m. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 20 of 23 Mayor Terrell reconvened the meeting at 12:27 a.m. 6N. ORDINANCE NO. 1073, 2 READING, APPROVE AN ORDINANCE AND BYLAWS TO ESTABLISH A COMMUNITY ENGAGEMENT COMMITTEE IN SUCCESSION OF THE CURRENT SPIN STANDING COMMITTEE. PUBLIC HEARING APPROVED Assistant to the City Manager Caroline Eckel 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. Mayor Terrell received a public comment card from Mr. Vic Awtry, 775 Lakewood to speak in favor and opposition of the item, but Mr. Awtry was not present during the public hearing. A motion was made to approve Ordinance No. 1073, which establishes an ordinance and bylaws to establish a Community Engagement Committee in succession of the current SPIN Standing Committee. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ESTABLISHING A COMMUNITY ENGAGEMENT COMMITTEE FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE NUMBER OF MEMBERS AND THEIR TERMS OF OFFICES; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE COMMUNITY ENGAGEMENT COMMITTEE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 1077 (CP13 -005), 1 READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL TO MIXED USE FOR GATEWAY LAKES ON PROPERTY DESCRIBED AS LOT 1 AND LOT 2, HANNA ADDITION, AN ADDITION TO REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 21 of 23 THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1000 AND 1030 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "TZD" TRANSITION ZONING DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) APPROVED Planner II Daniel Cortez presented items 7A and 7B and was available to answer questions from Council. Applicant representatives Tom Matthews and Randi Rivera presented request and responded to questions from Council. Council, staff and applicant discussed request. A motion was made to approve Ordinance No. 1077, land use plan amendment from low density residential and medium density residential to mixed use for Gateway Lakes pursuant to staff report dated November 13, 2013. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Schelling, Terrell, Williamson Nays: Morris, Muller Approved: 5 -2 7B. ORDINANCE NO. 480-648 (ZA13 -084), 1 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR GATEWAY LAKES ON PROPERTY DESCRIBED AS LOT 1, BLOCK 3, GATEWAY CHURCH – 114 CAMPUS, TRACT 2A4, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND A PORTION OF LOT 1 AND ALL OF LOT 2, HANNA ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 890, 1000 AND 1030 NORTH KIMBALL AVENUE AND 2000 EAST KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT. REQUESTED ZONING: "TZD" TRANSITION ZONING DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON DECEMBER 3, 2013.) APPROVED This item was presented in conjunction with item 7A. A motion was made to approve Ordinance No. 480 -648, zoning change and development plan for Gateway Lakes pursuant to development plan review summary No. 2, dated September 27, 2013 with the following stipulations: approving requested variances for residential lot width and buffer lots width; approval of Transition Zoning District (TZD) modifications — finished floor elevation, cul -de -sac restriction, planting REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 22 of 23 strip width — noting applicant will provide four and a half foot from back of curb to the sidewalk for the planter's strip throughout the property; applicant will work with the community services department regarding the specific site improvements and materials to be included in the proposed park to include the amount of parking along Kimball Avenue; elevations and presentations regarding the streetscape and how the park may look along Kimball Avenue route; noting the northwest corner of the trail presented on the site plan will have gated access to Carroll Independent School District (CISD) property to the immediate west; accepting the Planning and Zoning Commission's recommendations in their motion; applicant will bring forth a garage door plan noting which directions the garages will face (toward street or away from street); noting where metal fencing is located —will be of wrought iron material; and to include discussions regarding maintenance of the park and how it may be accomplished for the proposed dedication to the City. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Schelling, Terrell, Williamson Nays: Morris, Muller Approved: 5 -2 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS AGENDA.) 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 1:39 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John C. Terrell Mayor ATTEST: ( Q ..! p 5 - Alicia Richardson, TRMC-. City Secretary ���`. v,dt.19l REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 2013 Page 23 of 23