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2013-12-03 ei CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 3, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Deputy Mayor Pro Tem Pamela Muller, and Councilmembers Laura Hill, Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: Mayor Pro Tem Bledsoe STAFF PRESENT: Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Assistant to the City Manager Caroline Eckel, Communication and Website Manager Pilar Schank, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Interim Director of Information Technology Greg Hendricks, Police Chief Steve Mylett, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, City Attorney E. Allen Taylor and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 4:33 p.m. 2. CONVENE TO 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 551.074, deliberation regarding personnel matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 4:33 p.m. Executive Session began at 4:40 p.m. and concluded at 5:34 p.m. 3. RECONVENE Mayor Terrell reconvened the meeting at 5:41 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as the result of Executive Session. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 1 of 15 4. INVOCATION Ms. Mallory Bassham gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 5. LOCAL BUSINESS REPORT Assistant City Manager Alison Ortowski announced that Mr. Michael Redwine with Red Swagger was present for tonight's meeting. Mr. Redwine provided a description of the services provided, hours of operation, and location of business. 6. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION Mayor Terrell read the consent agenda items. At the request of Council, Director of Public Works Bob Price presented item 4B— residential developer agreement with Terra /Shady Oaks, LP for Shady Oaks Phase III. Council member Morris asked that item 4J— Ordinance No. 480 -654 be removed from the consent agenda. At the request of Council, Senior Director of Planning and Development Services Ken Baker presented items 4G— Ordinance No. 1081; 4H— Ordinance No. 480 -655; and 4I— Ordinance No. 480 -652. Council discussed applicant representative Ron Walker's request for a variance to the requirement to provide six -foot sidewalks along Johnson Road and Pearson Lane. Council directed applicant to work with Director of Public Works Bob Price and Mr. Baker for creative ways to address the sidewalk requirement. Council asked staff to provide presentation for item 9A to determine whether to move item to the consent agenda. Senior Director of Planning and Development Services Ken Baker presented item and informed Council applicant representative Paul Spain was present to answer questions. The consensus of Council was to move item 9A 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 6:36 p.m. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 2 of 15 2A. EXECUTIVE SESSION Mayor Terrell announced that City Council would reconvene 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, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:36 p.m. Executive Session began at 6:41 p.m. and concluded at 7:45 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:50 p.m., with the same members present except Council member Morris. Mayor Terrell asked if any action was necessary from Executive Session. Deputy Mayor Pro Tem Muller moved to approve the extension of the City Secretary's contract for a period of two years and to include an annual salary in accordance with the recently approve compensation plan effective January 3, 2014. Council member Morris returned to the meeting at 7:51 p.m. Motion: Muller Second: Schelling Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 6 -0 3A. MAYOR'S REPORT 3A1. RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS. Mayor Terrell and Council recognized the efforts of individuals who volunteered on the Southlake Arts Council, Southlake Business Council, Library Advisory Board, Metroport Teen Court. The following citizens were recognized for their service: Tammy Hashemian, Leslie Ann Walker, Traci Bernard, Paul Harty, Randall McCrauley, Brian Zvonecek, Michelle Spradlin, and Timothy Reilley. 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. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 3 of 15 4A. APPROVE MINUTES FROM THE NOVEMBER 19, 2013 REGULAR CITY COUNCIL MEETING. 4B. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH TERRA/SHADY OAKS, LP FOR SHADY OAKS PHASE III. 4C. THIS ITEM WAS INTENTIONALLY LEFT BLANK 4D. APPROVE THE PURCHASE OF FIVE (5) LIFEPAK CARDIAC MONITORS AND NINE (9) AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS) FROM PHYSIO CONTROL, INC. IN THE AMOUNT OF $206,585. 4E. APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES WITH WEAVER AND TIDWELL, L.L.P. 4F. ZA13 -074, PLAT REVISION FOR SAVANNAH ESTATES, ON PROPERTY DESCRIBED AS TRACTS 1B, 1B2, 1 B2A, 1 B2A1, 1B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1, 4B2, 5A, 5A1, 5AIA, 5B, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, AND 6B, R.P ESTES SUBDIVISION AND TRACTS 1B, 1B1, 1 BIA, 1BIA1, 1BIB, 1B1B1, 1B1C, 1B1D, AND 1B2, T. MARTIN SURVEY, ABSTRACT NO. 1134, SOUTHLAKE, TARRANT COUNTY, TEXAS AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF W. DOVE RD. AND SH 114, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "R -PUD" - RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. 4G. ORDINANCE NO. 1081 (CP13 -007), 1 READING, LAND USE PLAN AMENDMENT FROM RETAIL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL FOR CHESAPEAKE PLACE ADDITION ON PROPERTY DESCRIBED AS A PORTION OF LOT 2, BLOCK 1, J.G. ALLEN NO. 18 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 3101 W. SOUTHLAKE BOULEVARD. SPIN #11. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD DECEMBER 17, 2013.) 4H. ORDINANCE NO. 480-655 (ZA13 -126), 1 READING, ZONING CHANGE AND CONCEPT PLAN FOR CHESAPEAKE PLACE ADDITION ON PROPERTY BEING DESCRIBED AS A PORTION OF LOT 2, BLOCK 1, J.G. ALLEN NO. 18 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 3101 W. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "C2" LOCAL RETAIL COMMERCIAL DISTRICT. REQUESTED ZONING: "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #11. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD DECEMBER 17, 2013.) REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 4 of 15 41. ORDINANCE NO. 480 -652, (ZA13- 098),1 READING, ZONING CHANGE AND CONCEPT PLAN FOR 525 N. PEARSON LANE ON PROPERTY DESCRIBED AS TRACT 1B, J.G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 525 N. PEARSON LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #11. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD DECEMBER 17, 2013.) 4J. ITEM REMOVED FROM THE CONSENT AGENDA. 4K. APPROVE METROPORT TEEN COURT INTERLOCAL AGREEMENT FY 2013 -2014. APPROVED A motion was made to approve the consent agenda as presented to remove item 4J and include item 9A. Motion: Muller Second: Morris Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 6 -0 5. PUBLIC FORUM Mayor Terrell opened the public forum. Mr. Vic Awtry, 775 Lakewood, commented on recently approved Ordinance No. 1073 regarding the Community Engagement Committee. Mr. Awtry informed Council the SPIN Standing Committee is supportive of the new ordinance and would like to continue working on the communication plan and resume their service on the newly created committee. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -537A (ZA13 -128), 2 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 N. KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING. "S -P -2 ". SPIN #4. PUBLIC HEARING APPROVED REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 5 of 15 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 Ordinance No. 480 -537A (ZA13 -128), in accordance with the site plan review summary No. 1, dated November 1, 2013. Motion: Muller Second: Morris Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 6 -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 DESCRIBED AS LOTS 1 -7, BLOCK 1, KIMBALL LAKES OFFICE PARK, BEING APPROXIMATELY 3.6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, LIMITED "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES, LIMITED "0-2" OFFICE DISTRICT USES, AND LIMITED "HC" HOTEL DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, LIMITED "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES, LIMITED "0-2" OFFICE DISTRICT USES, AND LIMITED "HC" HOTEL DISTRICT USES, 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, DECEMBER 3, 2013 Page 6 of 15 6B. ORDINANCE NO. 1077 (CP13 -005), 2 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 THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1000 AND 1030 N KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "TZD" TRANSITION ZONING DISTRICT. SPIN #4. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6B, 6C and 6D and was available to answer questions from Council. Director of Community Services Chris Tribble reviewed with Council the discussion he had with developer Tom Matthews regarding the park and open space to be located in the development. Mr. Tribble informed Council the developer agreed to install the following specific site improvements and materials per the City's standards: ❖ (7) Parking spaces ❖ (1) "Gateway Lakes Park" sign (identifying it as a City park) ❖ (1) Interpretive sign ❖ (1) Picnic table (near parking lot) ❖ (3) Benches (along trail — with location to be coordinated Director of Community Services) ❖ (1) Pet waste station ❖ Crushed granite trail per site plan ❖ Boardwalk w /railing (5' width) per site plan • Decking - TREX Select (High - performance composite decking - 2"x6" in Woodland brown deck color) • Deck Framing - TREX Elevations (Steel deck framing in matching color) Mr. Tribble further commented that the developer would install a gate with access to the Carroll Independent School District property; the development would include acreage dedicated to and owned by the City and that the homeowners association would maintain the park and open space, parking lot and parking amenities in perpetuity; and the City would maintain the right -of -way along Kimball. It is recommended that the park fee for Savannah Estates be reduced to 50% with the developer utilizing the $144,000 (50 %) to develop the Gateway Lakes Park per the proposed site plan. Mayor Terrell clarified that gate access would only be utilized by Carroll Independent School District. Mayor Terrell asked that language be modified to ensure that access will only be for Carroll Independent School District. Applicant representative Tom Mathews, 2600 Southlake Boulevard, presented request and responded to questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 7 of 15 Council, staff and applicant discussed the request. Council commented on the number of receptacles; percentage of decomposed crushed granite; maintenance of city park; railing and length of boardwalk; pond located within the development; fencing located at entrance of development; and need for additional details regarding park plan and amenities. Mayor Terrell opened the public hearings for items 6B and 6C and asked for anyone wishing to speak on the item to come forward. Ms. Jennie Cook, 1981 East Highland, inquired about the lot sizes for the development and if the homeowner association would maintain the wood fence (along northern boundary). Ms. Cook also commented that she would like to see nice signage at Gateway Lakes Drive and would appreciate the opportunity to tie onto the sewer connection. Mr. Matthews clarified the average lot size is 12,000 square foot. He also commented that he would be willing to provide a sewer connection between Lots 10 and 11 that would allow connection to the right and left. Mr. Matthews confirmed the wood fence is maintained by the homeowners, but within the jurisdiction of the homeowner association. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1077 (CP13 -005), land use plan amendment from low density residential and medium density residential to mixed use for Gateway Lakes. Motion: Hill Second: Schelling Ayes: Hill, Schelling, Terrell, Williamson Nays: Morris, Muller Approved: 4 -2 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 8 of 15 6C. ORDINANCE NO. 480-648 (ZA13 -084), 2 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 N. KIMBALL AVENUE AND 2000 E. 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. PUBLIC HEARING APPROVED This item was presented in conjunction with items 6B and 6D. A motion was made to approve Item 6C— Ordinance No. 480 -648 (ZA13 -084), zoning change and development plan for Gateway Lakes with the following stipulations: development plan review summary dated September 27, 2013; granting variances for transition zoning district (TZD) modifications in the staff report finished floor elevations, cul -de -sac restriction and planting strip width, residential lot width and buffer; access to gate will be controlled by Carroll Independent School District, accepting applicant's exhibits presented this evening; submission of the park plan will notate increased trash receptacles and more details on the maintenance, amenities and signage; entry fence located along Tract B will be constructed of a stone base (three -foot width) to include board -on -board fence with the columns to be spaced at 30 feet; entry fence located along Block A will be constructed of same material as the one on Tract B; Lot 39 (along Lakeside Terrace) shall have decorative fence with no wood slats and included in the homeowner association regulations; and authorizing Carroll Independent School District, if desired, to have gate removed in the future at such time the homeowner association will take over responsibility. Motion: Hill Second: Schelling Ayes: Hill, Schelling, Terrell, Williamson Nays: Morris, Muller Approved: 4 -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 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 REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 9 of 15 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 24.67 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "TZD" TRANSITION ZONING 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; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6D. ZA13 -088, PRELIMINARY PLAT FOR GATEWAY LAKES ON PROPERTY DESCRIBED AS LOT 1, BLOCK 3, GATEWAY CHURCH — 114 CAMPUS ADDITION, TRACT 2A4, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND LOT 1 AND LOT 2, HANNA ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 890, 1000 AND 1030 N. KIMBALL AVENUE AND 2000 E. 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. APPROVED This item was presented in conjunction with items 6B and 6C. A motion was made to approve ZA13 -088, preliminary plat for Gateway Lakes to include granting the variances stipulated in the staff report. Motion: Hill Second: Schelling Ayes: Hill, Schelling, Terrell, Williamson Nays: Morris, Muller Approved: 5 -2 6E. 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 APPROVED REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 10 of 15 Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Tim Huckaby, 505 West Southlake Boulevard, presented request and responded to questions from Council. Council, staff and applicant discussed request. Council commented on the necessity to bring forward a revision to the ordinance to address placement of solar panels on carports. Staff was directed to quickly bring forward the revision for consideration by Council. A motion was made to approve ZA13 -111, specific use permit for non - residential solar energy system for a carport pursuant to staff report November 25, 2013, granting variances (1) carport roof; (2) carport maximum number of spaces and size; denying the variance for the carport building materials and requiring the material as stated in the specific use permit ordinance match the existing materials on the building; and the metal trusses be of a material complementary to the building. Motion: Muller Second: Williamson Ayes: Morris, Muller, Schelling, Terrell, Williamson Nays: Hill Approved: 5 -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 A CARPORT ON NON - RESIDENTIAL PROPERTY AND A SOLAR ENERGY SYSTEM ON NON - RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 501 W. SOUTHLAKE BOULEVARD, BEING DESCRIBED AS LOT 6R, H. GRANBERRY NO. #581 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell recessed the meeting at 9:55 p.m. Mayor Terrell reconvened the meeting at 10:07 p.m. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 11 of 15 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. 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, E. SOUTHLAKE BLVD. AND 280 S. KIMBALL AVE., SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "13-1" BUSINESS SERVICE PARK DISTRICT AND "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S- P-1" DETAILED SITE PLAN DISTRICT. SPIN #8. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD DECEMBER 17, 2013.) APPROVED Senior Director of Planning and Development Services Ken Baker presented items 7A and 7B and was available to answer questions from Council. Applicant representative Jim Strode, 4301 Bordeux, Dallas presented request and was available to answer questions from Council. Council, staff and applicant discussed request. Council provided comments on the following: pedestrian trails, additional amenities to enhance landscaping at northeast corner of Kimball Oaks and FM 1709, drainage, retaining wall material, and mitigation for delivery trucks. A motion was made to approve Ordinance No. 1078 (CP13 -006), land use plan amendment for Southlake Plaza II, subject to staff report dated November 25, 2013. Motion: Muller Second: Schelling Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 6 -0 7B. ORDINANCE NO. 480 -650 (ZA13 -100), 1 READING, ZONING CHANGE AND SITE PLAN FOR SOUTHLAKE PLAZA 11 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 E. SOUTHLAKE BOULEVARD AND 280 S. KIMBALL AVENUE. CURRENT ZONING: "13-1" BUSINESS SERVICE PARK DISTRICT, "CS" COMMUNITY SERVICE DISTRICT AND "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #8. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD DECEMBER 17, 2013.) APPROVED REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 12 of 15 This item was presented in conjunction with item 7A. A motion was made to approve Ordinance No. 480 -650 (ZA13 -100), zoning change and site plan for Southlake Plaza II subject to the following: staff report dated November 25, 2013; including the alternate shared drive between the Strode and Greenway properties; granting variance for stacking depth of driveways D and E; including the amenities package — identifying number of pods, trash cans, etc, type of gate for the patio dining area, type of coloring for awnings, umbrellas, etc.; maintaining the living wall; including detail of the color rendition and type of material for the retaining wall; a conceptual plan feature for the southeast corner of Kimball and FM 1709; prohibit warehousing uses; noting prior to the second reading that the applicant shall discuss with staff the right -of -way and the corner landscaping; applicant to bring back lighting for the parking lot; landscape plan to include identified plants; include faux window on the east side of building G; and notate driveway C onto Kimball the deceleration lane on the site plan. Motion: Muller • Second: Schelling Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 6 -0 7C. ORDINANCE NO. 480- 269A, (ZA13 -131), 1 READING, ZONING CHANGE AND SITE PLAN FOR THE SOLANA PARKING GARAGE ON PROPERTY DESCRIBED AS LOT 1, BLOCK B, MTP -IBM ADDITION NO. 1, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1 E. KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "NR -PUD" – NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: "NR -PUD" – NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #1. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD DECEMBER 17, 2013.) APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representatives from Halff Associates James Gaertner, 1001 Cross Timbers Road, Flower Mound and Kirk Wilson, 1201 North Bower Road, Richardson responded to questions from Council. A motion was made to approve Ordinance No. 480- 269A (ZA13 -131), zoning change and site plan for the Solana parking garage pursuant to staff report dated November 25, 2013, granting the variances listed in the staff report and subject to site plan review summary No. 2, dated November 15, 2013. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 13 of 15 Motion: Muller Second: Schelling Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 6 -0 Mayor Terrell moved to item 4J. 4J. ORDINANCE NO. 480 -654, (ZA13 -108), 1 READING, ZONING CHANGE AND CONCEPT PLAN FOR LEGENDS OF SOUTHLAKE ON PROPERTY BEING DESCRIBED AS TRACT 1, GREEN MEADOW SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2301 CROOKED LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -2" GENERALIZED SITE PLAN. SPIN #8. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD DECEMBER 17, 2013.) APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representatives Jimmy Fechter with Adams Engineering and Development Consultants, 1910 South Kimball and David Karr with Brown Company, 1205 South White Chapel presented request and responded to questions from Council. Council and applicant discussed request. Council provided comments regarding the height of the proposed buildings and the proposed public road to the Dragon stadium. Council directed applicant to keep the road private. A motion was made to approve ZA13 -108, zoning change and concept plan for Legends of Southlake subject to the submittal of the building rendition presented to Council this evening and granting the following variances —dead end streets, Section 5.03(k) of the subdivision ordinance and stacking depth and driveway spacing depths. Motion: Muller Second: Schelling Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 6 -0 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 14 of 15 9A. VARIANCE TO TREE PRESERVATION ORDINANCE NO. 585 -D FOR SHADY OAKS, PHASE III ON PROPERTY DESCRIBED AS TRACTS 11C AND 11C7, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1055 AND 1125 N. PEYTONVILLE AVE., SOUTHLAKE, TEXAS. CURRENT ZONING: "SF -20A" — SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #6. 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 12:05 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John C. Terrell Mayor ATTEST: A Alicia Richardson, TRNtt ` City Secretary REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 3, 2013 Page 15 of 15