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Item 4ACITY OF lug TEXAS SOUTHLAK.E REGULAR CITY COUNCIL MEETING MINUTES: APRIL 1, 2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Brandon Bledsoe, Deputy Mayor Pro Tern Pamela Muller, and Councilmembers Laura Hill, Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: None STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Assistant to the City Manager Caroline Eckel, Chief Financial Officer Sharen Jackson, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, Deputy Fire Chief Wade Carroll, Director of Human Resources Stacey Black, Interim Director of Information Technology Greg Hendricks, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, Deputy Director of Public Works Cheryl Taylor, 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 5:35 p.m. 2. INVOCATION Mr. Ben Weiss gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Assistant City Manager Alison Ortowski introduced Mr. Zac Sartin with FIRSTWAVE. Mr. Sartin provided a description of the services provided, hours of operation, and location of business. Mayor Terrell announced that he would move to item 3A2—National Library Week Proclamation. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 1 of 10 Mayor Terrell recognized and presented a proclamation to the library staff and Library Board members. 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 reviewed the consent agenda items. Deputy Mayor Pro Tern Muller removed item 4F—SV14-004 from the consent agenda. Mayor Terrell advised that Council would consider the item following the consent agenda during the regular session. Mayor Terrell recommended that Council receive a presentation on Item 7D— Ordinance No. 480-661—and if there are no concerns that the item be moved to the consent agenda. Senior Director of Planning and Development Services Ken Baker presented Ordinance No. 480-661 (ZA14-028), zoning change and site plan for Christ our King. Applicant representative Jimmy Fechter with Adams Engineering responded to questions from Council regarding screening wall surrounding the playground and the storage building. There being no opposition from Council, item 7D was moved 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 6.04 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 and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6.05 p.m. Executive Session began at 6.19 p.m. and concluded at 6.50 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 6.58 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 2 of 10 3A. MAYOR'S REPORT 3A1. PROCLAMATION — NATIONAL VOLUNTEER WEEK Mayor Terrell recognized April 6-12, 2014 as Volunteer Southlake Week. Mayor Terrell announced that the Volunteer Southlake Program has 1,900 active volunteers who have collectively volunteered more than 22,000 hours of service. Members of the Volunteer Southlake Program were in attendance to receive the proclamation. 3A2. PROCLAMATION — NATIONAL LIBRARY WEEK This item was presented earlier in the meeting. 3B. CITY MANAGER'S REPORT None. 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, to include item 7D, into the record. 4A. APPROVE MINUTES FROM THE MARCH 18, 2014 REGULAR CITY COUNCIL MEETING. 4B. CANCEL THE JULY 1, 2014 AND JULY 15, 2014 CITY COUNCIL MEETINGS. 4C. ORDINANCE NO. 895-C, 1ST READING, APPROVE THE REVISED THE WATER CONSERVATION PLAN. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD APRIL 15, 2014.) 4D. ORDINANCE NO. 662-E, 1ST READING, APPROVE THE REVISED THE DROUGHT CONTINGENCY PLAN. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD APRIL 15, 2014.) 4E. ITEM WAS REMOVED FROM THE CONSENT AGENDA. 4F. SV14-004, VARIANCE TO SIGN ORDINANCE 704-F REGULATIONS FOR SMALLCAKES CUPCAKERY LOCATED AT 2315 EAST SOUTHLAKE BOULEVARD, SUITE 104. 4G. APPROVE CONTRACT WITH SCIENTEL WIRELESS FOR INSTALLATION OF THE TOWN SQUARE WIRELESS NETWORK IN THE AMOUNT OF $45,000. APPROVED REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 3 of 10 A motion was made to approve the consent agenda as discussed, noting the removal of item 4F and adding 7D with the following comments: to approve the driveway variance; accepting Planning and Zoning recommendations; applicant will come forth at the second reading with a description of the accessory building elevation and building materials and noting on the west side of the building that the applicant will come forth with a gating and fencing detail for the play area on the west side of the building. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7-0 5. PUBLIC FORUM Mr. Bob Seebeck, 480 West Highland Street, expressed his gratitude to Southlake city employee Keith Martin for his assistance when Mr. Seebeck experienced a health situation. 4F. SV14-004, VARIANCE TO SIGN ORDINANCE 704-F REGULATIONS FOR SMALLCAKES CUPCAKERY LOCATED AT 2315 EAST SOUTHLAKE BOULEVARD, SUITE 104. DENIED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. A motion was made to deny SV14-004, variance requesting a sign variance to Ordinance No. 704-F. Motion: Hill Second: Muller Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson Nays: Bledsoe Approved: 6-1 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480-660 (ZA14-006) 2ND READING, ZONING CHANGE AND SITE PLAN FOR THE WESTIN HOTEL ON PROPERTY DESCRIBED AS LOT 1, BLOCK 4, GATEWAY CHURCH — 114 CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1200 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. PUBLIC HEARING REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 4of10 APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Paul Barham reviewed and addressed Council comments made at first reading. 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. 480-660 (ZA14-006), zoning change and site plan for the Westin Hotel subject to the following: site plan review summary No. 3, dated March 11, 2014; approving the variance for the driveway stacking depths; noting the revisions for the fence along western and northern portions of the property pursuant to the applicant's presentation to Council this evening. 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: 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 4, GATEWAY CHURCH — 114 CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 6.826 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR- PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO 'IS-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, APRIL 1, 2014 Page 5 of 10 6B. RESOLUTION NO. 14-007 (ZA14-011) SPECIFIC USE PERMIT TO ALLOW A TEMPORARY SALES FACILITY ON PROPERTY DESCRIBED AS TRACT 2A5E, R. EADES SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 351 CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING OPPPOVFn Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative, Larry Corson with Cooper and Stebbins presented request and responded to 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 Resolution No. 14-007, specific use permit to allow temporary sales facility on property located at Southlake Town Square for a five-year period ending March 31, 2019. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Morris, Schelling, Terrell, Williamson Nays: Muller 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 TEMPORARY CONSTRUCTION AND/OR SALES FACILITY ON PROPERTY DESCRIBED AS TRACT 2A5E, R. EADES SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 351 CENTRAL AVENUE, 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. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE 480-435A (ZA13-137), 1ST READING, ZONING CHANGE AND SITE PLAN FOR FEEDSTORE BBQ TO INCLUDE A REQUEST FOR A VARIANCE TO THE MASONRY ORDINANCE NO. 557-A, AS AMENDED, ON PROPERTY BEING DESCRIBED AS TRACT 4D AND A PORTION OF TRACT REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 6 of 10 1F, HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 530 AND 580 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. SPIN #10. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014.) OPPPOVFn Senior Director of Planning and Development Services Ken Baker presented request and responded to questions from Council. Applicant Gerald Ward and owner Bill Lafavers presented request and responded to questions from Council. Council, staff and applicant discussed item and Council provided the following comments to be addressed at second reading: landscaping that is located in the line -of - sight; safety of patrons; use for patio; screening of electrical apparatuses; aesthetics for the south elevation; true representation in renderings provided to Council; and an alternative "to go" door for patrons. Mayor Terrell commented that this item is not a public hearing, but he received a number of public comment cards regarding the item and would open the floor for public comments. The following people spoke in support of the item: Bob Seebeck, 480 West Highland; Bruce G. Krieger, 605 Concho Court; Rick Stacy, 1000 Southlake Boulevard; Bill Lefavers, and 620 South White Chapel Boulevard. The following spoke in opposition of the item: Gary Hargett, 1111 South White Chapel Boulevard. Mayor Terrell announced the following did not wish to speak, but asked that their support be recorded: Charles Fish, 1206 San Augustine Court; Scott and Monica Meeks, 308 Blanco Circle; Raul B. Trujillo, 724 Love Henry Court; Ken Meline, 1341 Meadow Glen; Doris Lafavers, 303 East Highland; Belva Meline, 1341 Meadow Glen; Tim Powell, 455 Love Henry Court; Karen Mertz, 1402 Whispering Dell; James Mertz, 1402 Whispering Dell; Tom Moore, 1024 Alamo Drive; Gary Harriger, 1789 Kingswood Drive; Matt Lafavers, 520 South White Chapel Boulevard; There being no one else wishing to speak, Mayor Terrell closed the public comments. A motion was made to approve the first reading of Ordinance No. 480-435A, zoning change and site plan for the Feedstore BBQ subject to the following: site plan review summary No. 3, dated March 12, 2014; approving the requested variances as noted— (1) masonry ordinance; Driveway Ordinance regarding the centerline aspect; and (3) Driveway Ordinance regarding the storage length; prior to the next reading the applicant REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 7 of 10 will work with staff to address alternative locations for the walk-up window to demonstrate to Council its requirements to need same in its current location; applicant will work with staff to address safety concerns if pick up window is located in its present location that include alternative landscaping and bollards to ensure pedestrian safety; noting the applicant will come forth with a revised elevation on the south side of the building, which may include a brick masonry veneer that is consistent with the existing building and shall be at least 8 to 10 feet in height or at least consistent with the height of the existing brick masonry veneer that is on the building as it exists today; applicant will come forth to Council with more definitive terms and conditions regarding any music that may play outdoors on the patio that is located on the western side of the building; and elevation to appropriately show how the mechanical equipment will be screened by the fencing material. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7-0 7B. ORDINANCE 1084, (CP13-010) 1ST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND A TEXT AMENDMENT TO WRITE IN A SITE SPECIFIC RECOMMENDATION TO ALLOW AN ASSISTED LIVING FACILITY FOR HARBORCHASE OF SOUTHLAKE ON PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 250 SHADY OAKS DRRIVE, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. SPIN #6. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014.) APPLICANT WITHDREW APPLICATION Senior Director of Planning and Development Services Ken Baker presented items 7B and 7C and was available to answer questions from Council. Council provided comments on the proposed land use plan amendment and development. Applicant representative Tom Dwyer responded to comments made by Council. Mr. Dwyer advised that he would continue to look for another site in Southlake for the project. Mr. Dwyer advised Council that he would like to withdraw his application. Mayor Terrell asked legal counsel if Council needed to take separate action on each item to accept applicant's withdrawal. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 8 of 10 City Attorney Allen Taylor informed Council one single motion would be sufficient to accept applicant's request to withdraw both the land use plan amendment and the zoning application. A motion was made to accept the applicant's request to withdraw their application with respect to Ordinance No. 480-658, zoning change and site plan for Harborchase of Southlake and Ordinance No. 1084, request for land use plan amendment. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7-0 7C. ORDINANCE NO. 480-658 (ZA13-138) 1ST READING, ZONING CHANGE AND SITE PLAN FOR HARBORCHASE OF SOUTHLAKE ON PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 250 SHADY OAKS DRIVE, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "S-P-1" DETAILED SITE PLAN DISTRICT. SPIN #6. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014.) APPLICANT WITHDREW APPLICATION This item was considered with item 7B. 7D. ORDINANCE 480-661 (ZA14-028), 1ST READING, ZONING CHANGE AND SITE PLAN FOR CHRIST OUR KING CHURCH ON PROPERTY BEING DESCRIBED AS LOT 5, MEADOW OAKS SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 595 SOUTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "SF- 1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "S-P- 1" DETAILED SITE PLAN DISTRICT. SPIN #8. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014.) APPROVED This item was approved with the consent agenda. 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) REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 9 of 10 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 9:00 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John C. Terrell Mayor ATTEST: Alicia Richardson, TRMC City Secretary REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2014 Page 10 of 10