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2002-04-01 City of Southlake CITY COUNCIL MEETING April 1, 2002 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Councilmembers: Rex Potter, Greg Standerfer, and Tom Stephen. CITY COUNCIL ABSENT: Keith Shankland. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Community Services Director Kevin Hugman, Finance Director Sharen Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Senior Civil Engineer Mike Hutchison, Assistant to the Public Works Director Valerie Bradley, Economic Development Director Greg Last, Director of Public Safety Rick Black, Plans Examiner Skip Vandergrift, Police Chief Marlin Price, Manager of Technical Services Gary Gregg, City Attorney Debra Drayovitch, Acting City Secretary Kim Bush, and Administrative Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Stacy at 5:35 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:17 p.m. Agenda Item No. 2A, Executive Session: Mayor Stacy announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; Section 551.086, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:17 p.m. Agenda Item No. 2B, Reconvene: Mayor Stacy announced at 6:45 p.m. that the Town Hall flags would be replaced by a Cub Scout troop and asked everyone to join together outside for the ceremony. City Council reconvened at 7:03 p.m. There was no action necessary as a result of the Executive Session. Agenda Item No. 3, Invocation. The invocation was presented by Mayor Pro Tem Evans. Agenda Item No. 4, Reports: A. Mayor's Report: Mayor Stacy announced upcoming meetings and events. The Mayor presented Rosemary Hutchins of Keep Southlake Beautiful a proclamation for the Great American Cleanup and presented Tad Stephens an appreciation plaque for his service on the SPDC Board. B. City Manager's Report: City Manager Billy Campbell congratulated Director of Planning Bruce Payne and wife Mary on the birth of their baby boy. C. SPIN Report: Jeff Wang, SPIN Representative for SPIN #7, 595 S. Kimball Avenue, Southlake. Mr. Wang briefed the Council on upcoming SPIN meetings. D. Library Board Report: None E. Committee Reports: None F. Local Business Report: Economic Development Director Greg Last introduced Jeff Jaynes, Quizno's Subs, who made a brief presentation to City Council. City Council Meeting Minutes, April 1, 2002, Page 1 of 11 Consent Agenda Items: 5A. Approval of the minutes of the City Council meeting held on March 19, 2002. Approved as presented. 5B. Resolution No. 02 -019, Appointment to the Metroport Teen Court Advisory Board to fill the unexpired term of Patsy DuPre. The City Council appointed Councilmember Keith Shankland to the board. 5C. Resolution No. 02 -023, Authorizing a steering committee of affected cities to retain legal counsel and rate case consultants; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas Distribution Company. On March 1, 2002, TXU Gas Distribution Company filed a Statement of Intent with 111 cities to increase the rates charged for natural gas service. The resolution authorizes the City to participate jointly with other cities in the distribution system to independently analyze the gas rate filing and to appoint a representative to a steering committee. Staff recommends approval of this resolution which also suspends the proposed effective date of the rate change for an additional 90 days. 5D. Award of contract to Wright Construction, Inc., for the construction of the N -4 sewer interceptor from North Kimball Avenue to Town Square at SH 114. Staff recommends that the contract be awarded to Wright Construction Inc., in the amount of $209,097.00. In addition, $36,300.00 is requested for directional drilling if field conditions require, as well as a 6% project contingency in the amount of $14,723.82 for unanticipated items for a total amount of $260,120.80. Funds are available from a surplus in the completed S -7 Sanitary Sewer Project of the FY1999 -00 CIP. 5E. Approval of the addition of a custodian for Town Hall janitorial services. Staff recommends approval of the addition of a custodian position to the Support Services budget (105) for FY2001 -02. 5F. Approval of a Professional Services Agreement with Graham and Associates, Inc., for the design of intersection improvements to FM 1709 and FM 1938 (Randol Mill). Staff recommends approval of a Professional Services Agreement between the City and Graham and Associates, Inc., in the amount of $163,352.32 that will be paid for with Traffic Management Bond Program funds budgeted for this project. 5G. ZA02 -015, Site Plan for Summit Avenue Same Day Surgery — Southlake Town Square, Phase III, Block 23. Tabled to the April 16, 2002, City Council meeting. 5H. Zoning Ordinance No. 480 -00, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Section 40 "Development Plans and Site Plans." Tabled to the April 16, 2002, City Council meeting. 8A. Ordinance No. 480 -275a, 1 Reading (ZA01 -124) Rezoning and Concept Plan for Remington Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zoning: S -P -2 - Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi - family residential uses. Requested Zoning: S -P -2 - Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi - family residential and (senior) City Council Meeting Minutes, April 1, 2002, Page 2 of 11 two- family residential uses. Tabled at the request of the applicant to the May 21, 2002, City Council meeting. 8B. ZA01 -125, Site Plan for Remington Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zoning: S -P -2 - Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi - family residential uses. Proposed Zoning: S -P- 2 - Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi - family residential and (senior) two - family residential uses. Tabled at the request of the applicant to the May 21, 2002, City Council meeting. 8C. Ordinance No. 480 -393, 1 Reading (ZA02 -016) Rezoning and Concept Plan — St. John Baptist Church, being approximately 10 acres of land located on the southwest corner of Crooked Lane and S. Kimball Avenue extension. Current Zoning: I -1 — Light Industrial District. Requested Zoning: CS — Community Service District. The purpose of this request is to receive proper zoning for construction of a church. Staff recommends approval subject to Concept Plan Review Summary No. 2, dated March 15, 2002, as approved by P &Z at its March 21 meeting. 8D. Ordinance No. 480 -394, 1 Reading (ZA02 -025) Rezoning on approximately 31 acres of land located on the northwest corner of SH 26 and Mustang Drive. Current Zoning: AG — Agricultural District and I -2 — Heavy Industrial District. Requested Zoning: I -1 — Light Industrial District. The purpose of this request is to receive proper zoning for industrial development. P &Z recommended approval at its March 21 meeting. 8F. Ordinance No. 825, 1 Reading, Prohibiting the keeping of wild and dangerous animals. Recently passed House Bill 1362 requires cities to create a certificate of registration program for the local licensing of certain dangerous and wild animals. As an alternative, the legislation allows cities to altogether prohibit the ownership, possession, or confinement of wild animals. Staff recommends approval of first reading of the ordinance. 10A. Request for a variance to Sign Ordinance No. 704 -A for Quizno's Classic Subs located at 2301 W. Southlake Boulevard, Suite 500. Geoffery James of Quizno's Classic Subs requested a variance to install two signs on a lease space with only one street frontage but at different angles. The Council approved the signs with no letters larger than 18 inches. Motion was made to approve consent agenda item #s 5A, 5B, 5C, 5D, 5E, 5F, 5G (to table), 5H (to table), 8A (to table), 8B (to table), 8C, 8D, 8F, and 10A. Motion: Standerfer Second: Stephen Ayes: Stephen, Evans, Standerfer, Potter, Stacy Nays: none Approved: 5 -0 Regular Agenda Items: Agenda Item No. 6. Public Forum. Steve Kettering, 1505 Oak Lane, Southlake, Texas, spoke regarding the process of citizens attending City Council meetings and his frustration with the process in the past. There were no other comments from the audience during the Public Forum. City Council Meeting Minutes, April 1, 2002, Page 3 of 11 Agenda Items 7A and 7B: 7A. Ordinance No. 480 -337a, 2 Reading (ZA02 -006) Zoning Change and Concept Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, located on the south side of SH 114, the north side of East Southlake Boulevard (FM 1709), the east side of N. Nolen Drive, and the northwest corner of the intersection of East Southlake Boulevard (FM 1709) and N. Nolen Drive (south of Costco). Current Zoning: S -P -2 Generalized Site Plan District with C -3 General Commercial District uses. Requested Zoning: S -P -2 Generalized Site Plan District with C -3 General Commercial District uses. Senior Planner Dennis Killough presented Ordinance No. 480 -337a. He stated that the P &Z Commission recommended approval at its March 7 meeting subject to Concept Plan Review No. 2, dated March 1, 2002, allowing approval of plan `A' as previously approved and allowing plan `B' with amendments. City Council recommended approval of 1 reading at its March 19 meeting on consent. 7B. ZA02 -017, Revised Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, located on the south side of SH 114, the north side of East Southlake Boulevard (FM 1709), the east side of N. Nolen Drive, and the northwest corner of the intersection of East Southlake Boulevard (FM 1709) and N. Nolen Drive (south of Costco). Current Zoning: S -P -2 Generalized Site Plan District with C -3 General Commercial District uses. Senior Planner Dennis Killough presented ZA02 -017. He stated the P &Z Commission recommended approval at its March 7 meeting subject to Site Plan Review Summary No. 2, dated March 1, 2002, allowing approval of plan `A' as previously approved and allowing plan `B' with amendments. Applicant Terry Wilkinson, 930 Parkview Lane, Southlake, Texas, was present to answer questions from the Council. In accordance with Section 4.21 of the Charter, the caption for Ordinance No. 480 -337a is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, GATEWAY PLAZA, PHASE 2, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDES 6093, 6094, & 6095, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.1811 ACRES, AND PORTIONS OF TRACTS 3, 4, 5, 6, & 7, W.E. MAYFIELD SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 388 -C, PAGE 4, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.0907 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM S -P -2 - GENERALIZED SITE PLAN DISTRICT WITH C -3 - GENERAL COMMERCIAL DISTRICT USES TO S -P -2 - GENERALIZED SITE PLAN DISTRICT WITH C -3 - GENERAL COMMERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. There were no continents from the audience during the Public Hearings for agenda item #s 7a and 7b. Motion was made to approve Ordinance No. 480 -337a (ZA02 -006) 2 Reading, and ZA02 -017 approving Site Plans `A' and `B' as presented and subject to Revised Concept and Site Plan Review No. 2, dated City Council Meeting Minutes, April 1, 2002, Page 4 of 11 April 1, 2002, and subject to P &Z's recommendation changing minimum articulation offset on north side of Building 3 to two feet and adding tower type structure to the northeast comer and a vertical/horizontal offset in the center. Motion: Standerfer Second: Stephen Ayes: Evans, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 5 -0 Agenda Item No. 7C. Ordinance No. 480 -392, 2 Reading (ZA02 -001) Zoning Change for Torian Lane, Tracts 1Q and 1R, Francis Throop Survey, Abstract No. 1511, located 500' west and approximately 650' north of the intersection of East Dove Street and North Kimball Avenue on the west side of an unimproved road known as Torian Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. Senior Planner Dennis Killough presented Ordinance No. 480 -392. He stated that the P &Z Commission recommended approval at its March 7 meeting and that it was approved on first reading by the City Council at its March 19 meeting. He stated that due to the opposition of two adjacent property owners, a super majority vote by City Council is required in order to approve this item. Applicant Mike Sandel, 9914 Rustleleaf, Dallas, Texas, was present to answer questions from the Council. In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 1Q AND 1R, SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, AND BEING 1.484 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AG - AGRICULTURAL DISTRICT TO SF -1A - SINGLE FAMILY RESIDENTIAL DISTRICT, 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. There were no comments from the audience during the Public Hearing. Motion was made to approve Ordinance No. 480 -392, ZA02 -001, 2 Reading. Motion: Stephen Second: Evans Ayes: Standerfer, Potter, Stephen, Evans, Stacy Nays: none Approved: 5 -0 Agenda Item 7D. Ordinance No. 480 -391, 2 Reading (ZA01 -134) Zoning Change for I.G. Belcher, Tract 32, Abstract 30, located approximately 1,050' west of N. White Chapel Boulevard and 2,400' north of Bob Jones Road. Current Zoning: AG - Agricultural District. Requested Zoning: SF -1A - Single Family Residential District. Senior Planner Dennis Killough presented Ordinance No. 480 -391. He stated that the P &Z Commission recommended approval at its March 7 meeting and that the first reading of this item was approved on consent by the City Council at its March 19 meeting. The applicant was not present. City Council Meeting Minutes, April 1, 2002, Page 5 of 11 In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 32, SITUATED IN THE I.G. BELCHER SURVEY, ABSTRACT NO. 30 -D, AND BEING APPROXIMATELY 4.265 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AG AGRICULTURAL DISTRICT TO SF -1A - SINGLE FAMILY RESIDENTIAL DISTRICT, 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. There were no comments from the audience during the Public Hearing. Motion was made to approve Ordinance No. 480 -391, ZA01 -134, 2 Reading. Motion: Stephen Second: Evans Ayes: Potter, Stephen, Evans, Standerfer, Stacy Nays: none Approved: 5 -0 Agenda Item 7E. Resolution No. 02 -021 (ZA02 -026) Specific Use Permit for Art in the Square — Special Events, on property described as Southlake Town Square, Phase I, and being 42.013 acres located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). Current Zoning: NR -PUD - Non - Residential Planned Unit Development District to include C -3 - General Commercial District uses. Senior Planner Dennis Killough presented Resolution No. 02 -021. He stated that the P &Z Commission recommended approval at its March 21 meeting granting a waiver for future applications unless changes are made. Applicants Nancy Hormann (Cooper & Stebbins) and Sherri Whitt (Southlake Women's Club) were present to answer questions from City Council. In accordance with Section 4.21 of the 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 SPECIAL EVENTS ASSOCIATED WITH "ART IN THE SQUARE" ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE SITE EXHIBITS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience during the Public Hearing. Motion was made to approve Resolution No. 02 -021, ZA02 -026, granting a waiver for future applications unless significant changes are made. City Council Meeting Minutes, April 1, 2002, Page 6 of 11 Motion: Standerfer Second: Evans Ayes: Stephen, Evans, Standerfer, Potter, Stacy Nays: none Approved: 5 -0 Agenda Item 7F. Resolution No. 02 -022 (ZA02 -027) Specific Use Permit for Art in the Square — for the sale of alcoholic beverages during the Special Events of Art in the Square, on property described as Southlake Town Square, Phase I, and being 42.013 acres located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). Current Zoning: NR -PUD - Non - Residential Planned Unit Development District to include C -3 - General Commercial District uses. Senior Planner Dennis Killough presented Resolution No. 02 -022. He stated that the P &Z Commission recommended approval at its March 21 meeting granting a waiver for future applications unless changes are made. Applicants Nancy Hormann (Cooper & Stebbins) and Sherry Whitt (Southlake Women's Club) were present to answer questions. In accordance with Section 4.21 of the 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 THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING APPROXIMATELY 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience during the Public Hearing. Motion was made to approve Resolution No. 02 -022, ZA02 -027, granting a waiver for future applications unless significant changes are made. Motion: Standerfer Second: Evans Ayes: Evans, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 5 -0 Agenda Item 7G. Ordinance No. 826, 2 °a Reading, Abandonment and Quitclaim a portion of the Shady Oaks Drive right -of -way. Deputy Director of Public Works Charlie Thomas presented Ordinance No. 826. The right -of -way abandonment was included in the negotiations with Rosemma Neill and Kay V. Gunn. City Council approved the first reading of this item on consent at its March 19 meeting. In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows: AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN PORTIONS OF THE THOMAS BEEDY SURVEY, ABSTRACT NO. 72 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF SAID RIGHT -OF -WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience during the Public Hearing. City Council Meeting Minutes, April 1, 2002, Page 7 of 11 Motion was made to approve Ordinance No. 826, 2 °a Reading. Motion: Standerfer Second: Evans Ayes: Standerfer, Potter, Stephen, Evans, Stacy Nays: none Approved: 5 -0 Agenda Item 8E. Ordinance No. 480 -NN, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing" district, Section 34 "Accessory Uses" and Section 44 "Board of Adjustments." Senior Planner Dennis Killough presented Ordinance No. 480 -NN. The purpose of this request is to allow detached single family residential dwellings or "Site Built" structures within the MH - Manufactured Housing zoning district and to include the "MH district in the list of accessory uses and special exception uses that are normally associated with single family dwellings. The MH district currently permits only Manufactured Homes, Mobile Homes and Modular or Prefabricated Homes within the list of permitted residential uses. Changes to setbacks, plan requirements, and the effects residential adjacency are also proposed. The P &Z Commission approved this ordinance at its March 21 meeting incorporating staff recommendations under (5.f.) and (5.h.), Attachment A, Page 2. Applicant David McMahan of Four Peaks Development, Inc., made a presentation to City Council. The following persons spoke on this item: Melanie Bell, 1904 Ptarmigan Street, Southlake, Texas, was opposed to the number of lots since it potentially may have more lots than there are currently. She stated her primary concerns as: minimum square footage; type of construction; minimum lot size; total number of lots; open space /trees /landscaping; drainage; street composition; residential adjacency; and setbacks. Sue Johnson, 308 Lakeside Court, Southlake, Texas, was opposed and said she prefers a zoning change to PUD or single family. She also stated her primary concerns as: what will happen to this property if the economy takes a down turn and the property changes hands; Mr. McMahan's method of going about this request; and the notification process for this type of request. Chris Smith, 1500 Oak Lane, Southlake, Texas, was opposed with primary concerns regarding residential adjacency, notification process, and existing large trees. He said he prefers PUD zoning and would prefer to address this property as a zoning request. Nancy Moffat, 1414 Whispering Dell Court, Southlake, Texas, was opposed with primary concerns regarding the increased impervious coverage and the notification process for this type of request. She does not think increased density is the way to go. Michael Carter, 1808 Native Dancer Place, Southlake, Texas, was opposed. He said this is another step in undoing the zoning restrictions that are currently in place. Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas, was opposed and said he wants assurances in writing. He said the wording as it is written today does not provide for a quality product. Terry Walter, 907 Westminster Way, Southlake, Texas, was opposed and said this is not a site built and MH zoning issue; it is a control issue. Steve Kettering, 1505 Oak Lane, Southlake, Texas, said he wants a small scale PUD on this property. He questioned the process and challenged Council to do the right thing and make this work for everybody. City Council Meeting Minutes, April 1, 2002, Page 8 of 11 Mr. McMahan responded to residents' and Council's questions and suggestions. He went on record saying he has advocated a reduction in size for PUDs for years. Susan Johnson, 308 Lakeside Court, Southlake, Texas, stated her opposition again and said she wants to go with PUD zoning. Wayne Lee, 1601 Regal Oaks Drive, Southlake, Texas, stated his support of this request. He said a developer could not do a PUD on this property because the land was cut up long ago. He suggested tweaking this ordinance to get the best project we can with Mr. McMahan. Chris Smith, 1500 Oak Lane, Southlake, Texas, said this property needs to be rezoned to PUD. He said updates to ordinances should be raised by City Council. Mayor Stacy called for a break at 10:26 p.m. He reconvened the meeting at 10:49 p.m. Leroy Whitaker, 1200 Lansdowne Court, Southlake, Texas, thinks the Council and the residents have made a lot of progress this evening. He asked the Council to press forward tonight. Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas, said we cannot do what was suggested earlier regarding approving this ordinance just for this property because that would be spot zoning. He asked why there was not a SPIN meeting on this subject which could have resolved many of these issues. Mayor Stacy summarized the discussion so far and asked for comments from the audience again. He suggested that Mr. McMahan meet with the homeowners before the 2nd reading and try to address some of their issues. Wayne Lee, 1601 Regal Oaks Drive, Southlake, Texas, suggested that Council move forward with discussions and try to get something they can all be proud of out there. Chris Smith, 1500 Oak Lane, Southlake, Texas, said patience always brings good things. He thinks it would be better to look at this as a PUD. Melanie Bell, 1904 Ptarmigan Street, Southlake, Texas, said this is too important to be pushed through. She asked Council to vote no tonight. She thinks it is in the best interest of Southlake and everybody involved to not rush this. Jan Francis, 1211 Ashmoore Court, Southlake, Texas, said a citywide SPIN meeting cannot be done in less than two weeks. Bill Stonaker, Los Robles, Grapevine, Texas, urged Council to move forward with David McMahan. He said we have a good deal here, and we had better take it while we can get it. Jamie Cadiz, 707 Chaucer Court, Southlake, Texas, said this project needs to go through the right channels. Kevin Hoverton, 800 Westminster Way, Southlake, Texas, stated his concern is with the other MH districts in town and the impact of this request on those districts. City Council Meeting Minutes, April 1, 2002, Page 9 of 11 The following persons did not speak but submitted opposition in writing: Bob Bonchak, 1820 Hunter's Creek Drive, Southlake, Texas. Ben and Mary Jo Wood, 1475 Cedar Court, Southlake, Texas. The following persons did not speak but submitted support in writing: Frank A. Ritz, Ritz Properties, P. O. Box 1530, Colleyville, Texas. Todd B. Handwerk, Calais Custom Homes, 365 Miron Drive, Suite A, Southlake, Texas. Councilmember Potter said he wants to go back and revisit the PUD. He said that we should fix the situation by rezoning the property and not change the ordinance to fix the problem. Councilmember Stephen said he wants to move forward tonight and let the applicant have the SPIN meeting with the residents. He said he understands where the residents are coming from regarding the PUD, but the problem is we don't have a PUD here - the property is already zoned MH. If it was unzoned, then he would agree with the residents. Councilmember Standerfer said he will vote no unless the applicant agrees to table this to the May 7 meeting instead of the next meeting on April 16. He wants to give the SPIN process time. He said if we do not allow for time to hold a meeting then we will come back in two weeks and be in the same position we are now. Mr. McMahan agreed to hold a SPIN meeting and not request a second reading until May 7 in order for there to be enough time for the city to organize a SPIN meeting. Several members of the audience commented that they still would not be willing to move forward with this request. Motion was made to deny Ordinance No. 480 -NN, 1 Reading. Motion: Standerfer Second: Potter Before the vote was called, a discussion was held to move forward with the request tonight with the stipulation that Mr. McMahan not bring the request back until a SPIN meeting could be held to work out some of the concerns discussed tonight. Ayes: Potter Nays: Stephen, Evans, Standerfer, Stacy Motion failed: 1 -4 Motion was made to approve Ordinance No. 480 -NN, 1 Reading, allowing site built homes; allowing minimum 7,800 s.f. lots; allowing minimum 10' side yard setbacks; tabling the 2 Reading of the ordinance to the May 7 Council meeting; and requiring a citywide SPIN meeting before the 2 Reading. Motion: Standerfer Second: Stephen Ayes: Stephen, Evans, Standerfer, Stacy Nays: Potter Approved: 4 -1 City Council Meeting Minutes, April 1, 2002, Page 10 of 11 Agenda Item 9A. Resolution No. 02 -010, Amendments to the Master Thoroughfare Plan. Motion was made to table and continue the Public Hearing to the April 16, 2002, City Council meeting. Motion: Stephen Second: Potter Ayes: Evans, Potter, Stephen, Stacy Nays: Standerfer Approved: 4 -1 Agenda Item No. 12. Adjournment. There being no further business to discuss, the meeting was adjourned at 11:45 p.m. Submitted by: A / A - a .. __L....4_4i _ _ Lori Farwell, Administrative ecretary ATTEST: = v � ',\ ° M ayo r Rick Stacy 7 , ',,,,,...... ,,,, Ki Bush, Acting City Secretary City Council Meeting Minutes, April 1, 2002, Page 11 of 11 y 0 J 4. (C (00 N N c+) CO 0 0 0 00 cq O CO N (n O O e— O co" e- O CO - \ ((J = e- («) V) 0) N N CO Q X V N M N c 7 T N 1- 40- E9 49 ER ER 49 40 ll cn el c c %i cc V 0) CO 0) 0) J W e- e- e- e- ■ 0 -,- 0 v O r th N of N e- N F-- 0) (0 N N C O N N 111) 0_ ( 0_ - U 1— 49 49 41). 40 40 40 4, 11 I N v V' i) }< 0 0 0 0 k / t— U 0 W O v_ 0 0 u J to O e- CO - < m e- 1� to e- e- N 0 49 40 49 49 W 0 el 0 W -) 0 O et • a cfi Q J N IN V 0 • 2 w o e- o O O O O O O O O z O J W N 0 0 N1- N l,- ti ~¢ H J V 0 10 N C 0 0«) NC w O Q to 0) e— (o V: to e— e� to e— a 1— > e 1- to e- O to e- (O to 4 r ,- N e- e- N e- e - N X 40 49 49 49 40 49 4H 40 49 49 0 w r a w OQ m= ci ci u c) z co - > 2 O Z oco 0 uu U c.1 0 o W W 0) 0 0 O O 0 p � 2 � _ � W e- O 0 0 ( (' (f) w Z Nt 0 W 0) C) O O 0 0 ~ Z � J 0 N �= ,J 0 g W �� o 7 JW WQ » a2 O m m 0 CO m w o Q Q 2 Lu IL I- /- OF - F m z Z 0E- 4H 4F? 4R 49 Z5 (n 2(A(n 0 a w N W W w S Z g co (n y m N ' 0 9 W F O 0 (n (n J w O Z J J O a w = > > O - 1 O w o6 oz W0 ° W m m J U -)_ 00 0 z r W 0 j h 1- 0O 0 co Z F Z U3 ■ ul 0 0 N Q Q O z w w w 2 2 f w Hpr 01 02 04:41p HERO S DEW 817 488 3583 P.1 Ben&MaryJoWood April 1, 2002 City Council City of Southlake Southlake Town Hall Southlake, TX 76092 Re: Amendment to Ordinance 480, Section 29, 34, & 44 Dear City Council Member, We are unable to attend tonight's City Council meeting to express our feelings in person. As residents of Southlake, we must object to the Changes to the Manufactured Housing Ordinance proposed by David McMahan. We would support development in accordance with current Planned Unit Development Ordinance. Sincerely, , 1 Ben &Mary Jo Wood A PR - 1 2002 LO) OFFICE O F CIT SECRETgRY 1475 Cedar Court, Southlake, TX 76092 Tel 817488 -0150 ♦Fax 817488-3665* bdwood3@charter.net Apr -01 -02 01:51P Ritz Properti.es., LIT) . -: 817- 427 -0808 •P.O1 /r ...\ if /g h e , I ., ,,R( PE,tl 11• s April I. 2002 City Of Souil11ake ('ity Managers Office Attu: Billy Campbell Dear Mr. ('ampbcll., i in faxing you this letter in show of my support for the proposed Oakl,mc Village Subdivision. Having built custom homes m the Southlake arca for many years, I am convinced that there is ;r need for tlus type of product in Southlakc. As you may recall, we built a similar product in Timarron that was well received. Special consideration should be given to the ad►ustrncrat of building setback lines as needed for this type of housing. Thc price of' the lots will dictate that the homes will avenge around $ 500,000. This will not only make for a nice development, but will also insure the property values of surrounding neighborhoods. It seems to me that anytime site built housing can be offered in the place of manufactured housing. it's a "no braincr" 0 i n Id you please see that all council members and the mayor receive a copy of this letter before ht's meeting , f ' ` � 1 I Frank A. Rini President FAR /re l'O. Rux 1 5i11 (.ulli •vvill ,TX hl> i.4 81- 1 "•)10!►tI' (1(t ,) Fax ti l 7- i 2.7 l a8I 1M rl( /11fr,11Cr114 " i cum VIM /!_i -1U/ bAl J.L4 tM l,A 1J LUJIW /1 iUMP,J PRA NU. tl14LIL•4n 1'. 1 . ' tr • .Pill . CUSTOM HOMES March 29, 2002 t City Council - . ' City of Southlake , • C /O: Kim Bush ; Via Facsimile No. (817) ' • • . . , ) , \ • r • • : To Whom It May Concem: r. , ! Earlier this week, I met with Four Peaks Developnxent, Inc. - to discuss' their plans for the ' " redevelopment of lots on North and South" Oak Lane on the East Side of Randol Mill . Road. In our meeting, we discussed the proposed changes to the manufactured housing zoning , district. Being what I consider a knowledgeable builder and having built over one . hundred fifty, high quality custom homes in Southlake in the last'twelve years; 1 ftrongly • encourage you to make,the proposed changes., ' " . • , The proposed changes to permit •site built houses and to reduce the setbacks' will greatly enable homebuilders to, construct better homes .with enhanced 'design and layout , ' characteristics: In addition, the character and neighborhood setting that can then be created in this ,self - contained subdivision is something in, which I have an interest in ' being involved. ' ' , ' Should you have any questions of me as to my position in this matter, please feel free to t give me a call. • , • Ve my yours, • �,J 1 • ! DD R. HANDWERK - PRESIDENT • - • • CALAIS CUSTOM HOMES 365 Miron Drive, Suite A Southlake, TX 76092 • (817) 481.6426 • 'Fax (817) 421.0491 www.calaiscustomhomes.com ' City of Southlake CITY COUNCIL MEETING April 1, 2002 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Councilmembers: Rcx Potter, Greg Standerfer, and Tom Stephen. CITY COUNCIL ABSENT: Keith Shankland. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Community Services Director Kevin Hugman, Finance Director Sharen Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Senior Civil Engineer Mike Hutchison, Assistant to the Public Works Director Valerie Bradley, Economic Development Director Greg Last, Director of Public Safety Rick Black, Plans Examiner Skip Vandergrift, Police Chief Marlin Price, Manager of Technical Services Gary Gregg, City Attorney Debra Drayovitch, Acting City Secretary Klm Bush, and Administrative Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Stacy at 5:35 p.m. REGULAR SESSION: Agcnda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:17 p.m. Agenda Item No. 2A, Executive Session: Mayor Stacy announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; Section 551.086, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:17 p.m. Agenda Item No. 2B, Reconvene: Mayor Stacy announced at 6:45 p.m. that the Town Hall flags would be replaced by a Cub Scout troop and asked everyone to join together outside for the ceremony. City Council reconvened at 7:03 p.m. There was no action necessary as a result of the Executive Session. _Agenda Item No. 3, Invocation. The invocation was presented by Mayor Pro Tem Evans. Agenda Item No. 4, Reports: A. Mayor's Report: D. E. F. Mayor Stacy announced upcoming meetings and events. The Mayor prcsented Rosemary Hutchins of Keep Southlake Beautiful a proclamation for the Great American Cleanup and presented Tad Stephens an appreciation plaque for his service on the SPDC Board. City Manager's Report: City Manager Billy Campbell congratulated Director of Planning Bruce Payne and wife Mary on the birth of their baby boy. SPIN Report: Jeff Wang, SPIN Representative for SPIN #7, 595 S. Kimball Avenue, Southlake. Mr. Wang briefed the Council on upcoming SPiN meetings. Library Board Report: None Committee Reports: None Local Business Report: Economic Development Director Greg Last introduced Jeff Jaynes, Quizno's Subs, who made a brief presentation to City Council. City Cuuncil Meeting Minutes, April l, 2002, Page 1 of 11 Consent Agenda Items: 5A. 5B. 5D. 5E. 5F. 5G. 5Iq. 8A. Approval of the minutes of the City Council meeting held on March 19, 2007. Approved as presented. Resolution No. 02-019, Appointment to the Metroport Teen Court Advisor,/Board to fill the unexpired term of Patsy DuPre. The City Council appointed Councilmember Keith Shankland to thc board. Resolution No. 02-023, Authorizing a steering committee of affected cities to retain legal counsel and rate case consultants; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas Distribntion Company. On March 1, 2002, TXU Gas Distribution Company filed a Statement of Intent with 111 cities to increase the rates charged for natural gas service. The resolution authorizes the City to participate jointly with other cities in the distribution system to independently analyze the gas rate filing and to appoint a representative to a steering committee. Staff recommends approval of this resolution which also suspends the proposed effective date of thc rate change for an additional 90 days. Award of contract to Wright Construction, Inc., for the construction of the N-4 sewer interceptor from North Kimball Avenue to Town Square at SH 114. Staff recommends that the contract be awarded to Wright Construction Inc., in the amount of $209,097.00. In addition, $36,300.00 is requested for directional drilling if field conditions require, as well as a 6% project contingency in the amount of $14,723.82 for unanticipated items for a total amount of $260,120.80. Funds are available from a surplus in the completed S-7 Sanitary Sewer Project of the FY1999-00 CIP. Approval of the addition of a custodian for Town Hall ianitorial services. Staff recommends approval of the addition of a custodian position to the Support Services budget (105) for FY2001-02. Approval of a Professional Services Agreement with Graham and Associates, Inc., for the design of intersection improvements to FM 1709 and FM 1938 (Randol Mill). Staff recommends approval of a Professional Services Agreement between the City and Graham and Associates, Inc., in the amount of $163,352.32 that will be paid for ~vith Traffic Management Bond Program funds budgeted for this project. ZA02-015, Site Plan for Summit Avenue Same Day Surgerg Southlake Town Square, Phase HI, Block 23. Tabled to the April 16, 2002, City CounciI meeting. Zoning Ordinance No. 480-OO, ~t · 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Section 40 "Development Plans and Site Plans." Tabled to the April 16, 2002, City Council meeting. Ordinance No. 480-275a, 1st Reading (ZA01-124) Rezoning and Concept Plan for Remington Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zoning: S-P-2 - Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi-family residential uses. Requested Zoning: S-P-2 - Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi-family residential and (senior) City Council Meeting Minutes, April 1, 2002, Page 2 of ll two-family residential uses. Tabled at the request of the applicant to the May 21, 2002, City Council meeting. 8B. ZA01-125, Site Plan for Remington Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zoning: S-P-2 - Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi-family residential uses. Proposed Zoning: S-P- 2 - Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi-family residential and (senior) two-family residential uses. Tabled at the request of the applicant to the May 21, 2002, City Council meeting. 8(!. Ordinance No. 480-393, 1st Reading (ZA02-016) Rezoning and Concept Plan St. John Baptist Church, being approximately 10 acres of land located on the southwest comer of Crooked Lane and S. Kimball Avenue extension. Current Zoning: I-1 - Light Industrial District. Requested Zoning: CS Community Service District. The purpose of this request is to receive proper zoning for construction of a church. Staffrecommends approval subject to Concept Plan Review Summary No. 2, dated March 15, 2002, as approved by P&Z at its March 21 meeting. 8D. Ordinance No. 480-394, 1st Reading (ZA02-025) Rezoning on approximately 31 acres of land located on the northwest comer of SH 26 and Mustang Drive. Current Zoning: AG - Agricultural District and I-2 Heavy Industrial District. Requested Zoning: 1-1 Light Industrial District. The purpose of this request is to receive proper zoning for industriaI development. P&Z recommended approval at its March 21 meeting. 8F. Ordinance No. 825, Ist Reading, Prohibiting the keeping of wild and dangerous animals. Recently passed House Bill 1362 requires cities to create a certificate of registration program for the local licensing of certain dangerous and wild animals. As an alternative, the legislation allows cities to altogether prohibit the ownership, possession, or confinement of wild animals. Staff recommends approval of first reading of the ordinance. 10A. Request for a variance to Sign Ordinance No. 704-A for Quizno's Classic Subs located at 2301 W. Southlake Boulevard, Suite 500. Geoffery James of Quizno's Classic Subs requested a variance to install two signs on a lease space with only one street frontage but at different angles. The Council approved the signs with no letters larger than 18 inches. Motion was made to approve consent agenda item #s 5A, 5B, 5C, 5D, 5E, 5F, 5G (to table), 5H (to table), 8A (to table), 8B (to table), 8C, 8D, 8F, and 10A. Motion: Standerfer Second: Stephen Ayes: Stephen, Evans, Standerfer, Potter, Stacy Nays: none Approved: 5-0 Regular Agenda Items: Agenda Item No. 6. Public Forum. Steve Kettering, 1505 Oak Lane, Southlake, Texas, spoke regarding the process of citizens attending City Council meetings and his frustration with the process in the past. There were no other comments from the audience during the Public Forum. City Council Meeting Minutes, April 1, 2002, Page 3 of ll Agenda Items 7A and 7B: 7A. Ordinance No. 480-337a, 2nd Reading (ZA02-006) Zoning Change and Concept Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, located on the south side of SH 114, the north side of East Southlake Boulevard (FM 170%, the east side of N. Nolen Drive, and the northwest comer of the intersection of East Southlake Boulevard (FM 1709) and N. Nolen Drive (south of Costco). Current Zoning: S-P-2 Generalized Site Plan District with C-3 General Commercial District uses. Requested Zoning: S-P-2 Generalized Site Plan District with C-3 General Commercial District uses. Senior Planner Dennis Killough presented Ordinance No. 480-337a. He stated that the P&Z Comanission recommended approval at its March 7 meeting subject to Concept Plan Review No. 2, dated March 1, 2002, allowing approval of plan 'A' as previously approved and allowing plan 'B' with amendments. City Council recommended approval of I st reading at its March 19 meeting on consent. 7B. ZA02-017, Revised Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, located on the south side of SH 114, the north side of East Southlake Boulevard (FM 1709), the east side of N. Nolen Drive, amd the northwest comer o f the intersection of East Southlake Boulevard (FM 1709) and N. Nolen Drivc (south of Costco). Current Zoning: S-P-2 Generalized Site Plan District with C-3 General Commercial District uses. Senior Planner Dennis Killough presented ZA02-017. He stated the P&Z Commission recommended approval at its March 7 meeting subject to Site Plan Review Summary No. 2, dated March 1, 2002, allowing approval of plan 'A' as previously approved and allowing plan 'B' with amendments. Applicant Terry Wilkinson, 930 Parkview Lane, Southlake, Texas, was present to answer questions from the Council. In accordance with Section 4.21 of the Charter, the caption for Ordinance No. 480-337a 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 TIlE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, GATEWAY PLAZA, PHASE 2, ACCORDING 'FO THE PLAT RECORDED 1N CABINET A, SLIDES 6093, 6094, & 6095, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.1811 ACRES, AND PORTIONS OF TRACTS 3, 4, 5, 6, & 7, W.E. MAYFIELD SUBDIVISION, ACCORDING TO THE PEAT RECORDED IN VOLUME 388-C, PAGE 4, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 17.0907 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM S-P-2 - GENERALIZED SITE PLAN I)ISTRICT WITH C-3 - GENERAL COMMERCIAL DISTRICT USES TO S-P-2 - GENERALIZED SITE PLAN DISTRICT WITH C-3 - GENERAL COMMERCIAL DISTRICT USES AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN TIlE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Them wcrc no comnrents from thc audience during the Public Hearings for agenda item #s 7a and 7b. Motion was made to approve Ordinance No. 480-337a (ZA02-006) 2nd Reading, and ZA02-017 approving Sile Plans 'A' and 'B' as presented and subject to Revised Concept and Site Plan Review No. 2, dated City Council Meeting Minutes, April 1, 2002, Page 4 of II April 1, 2002, and subject to P&Z's recommendation changing minimum articulation offset on north side of Building 3 to two feet and adding tower type structure to the northeast comer and a vertical/horizontal offset in the center. Motion: Standcrfer Second: Stephen Ayes: Evans, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 5-0 Agenda Item No. 7C. Ordinance No. 480-392, 2nd Reading (ZA02-00I) Zoning Change for Torian Lane, Tracts lQ and IR, Francis Throop Survey, Abstract No. 1511, located 500' west and approximately 650' north of the intersection of East Dove Street and North Kimball Avenue on the west side of an unimproved road known as Torian Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. Senior Planner Dennis Killough presented Ordinance No. 480-392. He stated that the P&Z Commission recommended approval at its March 7 meeting and that it was approved on first reading by the City Council at its March 19 meeting. He stated that due to the opposition of two adjacent property owners, a super majority vote by City Council is required in order to approve this item. Applicant Mike Sandel, 9914 Rustleleaf, Dallas, Texas, was present to answer questions from the Council. In accordance with Section 4.21 of the 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, FEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF [.AND W|TItIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS lQ AND 1R, SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, AND BEING 1.484 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AG - AGRICULTURAL DISTRICT TO SF-1A - SINGLE FAMILY RESIDENTIAL DISTRICT, 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. There were no comments from the audience during the Public Hearing. Motion ~vas made to approve Ordinance No. 480-392, ZA02-001, 2"d Reading. Motion: Stephen Second: Evans Ayes: Standerfer, Potter, Stephen, Evans, Stacy Nays: none Approved: 5-0 Agenda ltem 7D. Ordinance No. 480-391, 2nd Reading (ZA01-134) Zoning Change for I.G. Belcher, Tract 32, Abstract 30, located approximately 1,050' west of N. White Chapel Boulevard and 2,400' north of Bob Jones Road. Current Zoning: AG - Agricultural District. Requested Zoning: SF-1A - Single Family Residential District. Senior Planner Dennis Killough presented Ordinance No. 480-391. He stated that the P&Z Commission recommended approval at its March 7 meeting and that the first reading of this item was approved on consent by the City Council at its March 19 meeting. The applicant was not present. City Council Meeting Minutes, April 1, 2002, Page 5 of ll In accordance xvith Section 4.21 of the Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREItENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS: GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 32, SITUATED IN THE I.G. BELCHER SURVEY, ABSTRACT NO. 30-D, AND BEING APPROXIMATELY 4.265 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AG AGRICULTURAL DISTRICT TO SF-IA - SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED 1N 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 CltANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT FHIS 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 TIlE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience during the Public Hearing. Motion was made to approve Ordinance No. 480-391, ZA01-134, 2"d Reading. Motion: Stephen Second: Evans Ayes: Potter, Stephen, Evans, Standerfer, Stacy Nays: none Approved: 5-0 Agenda Item 7E. Resolution No. 02-021 (ZA02-026) Specific Use Pemfit for Art in the Square - Special Events, on property described as Southlake Town Square, Phase I, and being 42.013 acres located on the northeast comer of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). Current Zoning: NR-PUD - Non-Residential Planned Unit Development District to include C-3 - General Commercial District uses. Senior Planner Dennis Killough presented Resolution No. 02-021. He stated that the P&Z Commission recommended approval at its March 21 meeting granting a waiver for future applications unless changes are made. Applicants Nancy Hormann (Cooper & Stebbins) and Sherri Whitt (Southlake Women's Club) were present to answer questions from City Council. In accordance with Section 4.21 of the 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 SPECIAL EVENTS ASSOCIATED WITH "ART IN THE SQUARE" ON PROPERTY WITHIN THE CITY OF §0UTI-ILAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE 1, AND BEING 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A', AND AS DEPICTED ON THE SITE EXHIBITS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AN[) PROVIDING AN EFFECTIVE DATE. There were no comments from the audience during the Public Hearing. Motion was made to approve Resolution No. 02-021, ZA02-026, granting a waiver for future applications unless significant changes are made. Ciiy Council Meeting Minutes, April 1, 2002, Page 6 of ll Motion: Standerfer Second: Evans Ayes: Stephen, Evans, Standerfer, Potter, Stacy Nays: none Approved: 5-0 Agenda ltcm 7F. Resolution No. 02-022 (ZA02-027) Specific Use Permit for Art in the Square - for the sale of alcoholic beverages during the Special Events of Art in the Square, on property described as Southlake Town Square, Phase l, and being 42.013 acres located on the northeast comer of the intersection of North Carroll Avenue and East Souihlake Boulevard (FM 1709). Current Zoning: NR-PUD - Non Residential Planned Unit Development District to include C-3 - General Commercial District uses. Senior Planncr Dennis Killough presented Resolution No. 02-022. He stated that the P&Z Commission recommended approval at its March 21 meeting granting a waiver for future applications unless changes are made. Applicants Nancy Hormann (Cooper & Stebbins) and Sherry Whitt (Southlake Women's Club) xvcre prescnt to answer questions. In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, FEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING APPROXIMATELY 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE SITE EXHIBIT ATTACHED HERETO AND INCORPORATED ttEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. There werc no comments from the audience during the Public Hearing. Motion was made to approve Resolution No. 02-022, ZA02-027, granting a waiver for future applications unless significant changes are made. Motion: Standerfer Second: Evans Ayes: Evans, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 5-0 Agenda Item 7G. Ordinance No. 826, 2"d Reading, Abandonment and Quitclaim a portion of the Shad,/ Oaks Drive right-of-way. Deputy Director of Public Works Charlie Thomas presented Ordinance No. 826. The right-of-way abandonment ~vas included in the negotiations with Rosemma Neill and Kay V. Gunn. Cily Council approved the first reading of this item on consent at its March 19 meeting. In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows: AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN PORTIONS OF THE THOMAS BEEDY SURVEY, ABSTRACT NO. 72 iN THE CITY OF SOUTHI,AKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF SAID RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience during the Public Heating. City Council Meeting Minutes, April 1, 2002, Page 7 of 11 Motion was made to approve Ordinance No. 826, 2nd Reading. Motion: Standerfer Second: Evans Ayes: Standerfer, Potter, Stephen, Evans, Stacy Nays: none Approved: 5-0 Agenda Item 8E. Ordinance No. 480-NN, 1~t Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Sections 29 "MH Manufactured Housing" district, Section 34 "Accessory Uses" and Section 44 "Board of Adiustments." Senior Plarmer Dennis Killough presented Ordinance No. 480-NN. The purpose of this request is to allow detached single family residential dwellings or "Site Built" structures within the MH - Manufactured Housing zoning district and to include the "MH district in the list of accessory uses and special exception uses that are normally associated with single family dwellings. The MH district currently permits only Manufactured Homes, Mobile Homes and Modular or Prefabricated Homes within the Iist of permitted residential uses. Changes to setbacks, plan requirements, and the effects residential adjacency are also proposed. The P&Z Commission approved this ordinance at its March 21 meeting incorporating staff recommendations under (5.f.) and (5.h.), Attachment A, Page 2. Applicant David McMahan of Four Peaks Development, Inc., made a presentation to City Council. The following persons spoke on this item: Melanie Bell, 1904 Ptarmigan Street, Southlake, Texas, was opposed to the number of lots since it potentially may have more lots than there are currently. She stated her primary concerns as: minimum square footage; type of construction; minimum lot size; total number of lots; open space/trees/landscaping; drainage; street composition; residential adjacency; and setbacks. Sue Jolmson, 308 Lakeside Court, Southlake, Texas, was opposed and said she prefers a zoning change to PUD or single family. She also stated her primary concerns as: what will happen to this property if the economy takes a down turn and the property changes hands; Mr. McMahan's method of going about this request; and the notification process for this type of request. Chris Smith, 1500 Oak Lane, Southlake, Texas, was opposed with primary concerns regarding residential adjacency, notification process, and existing large trees. He said he prefers PUD zoning and would prefer to address this property as a zoning request. Nancy Moffat, 1414 Whispering Dell Court, Southlake, Texas, was opposed with primary concerns regarding the increased impervious coverage and the notification process for this type of request. She does not think increased density is the way to go. Michael Carter, 1808 Native Dancer Place, Southlake, Texas, was opposed. He said this is another step in undoing the zoning restrictions that are currently in place. Richard Sandow, 1750 Sleep,/ Hollow Trail, Southlake, Texas, was opposed and said he wants assurances in writing. He said the wording as it is written today does not provide for a quality product. Terry Walter, 907 Westminster Wa,/, Southlake, Texas, was opposed and said this is not a site built and MH zoning issue: it is a control issue. Steve Kettering, 1505 Oak Lane, Southlake, Texas, said he wants a small scale PUD on this property. He questioned the process and challenged Council to do the fight thing and make this work for everybody. City Council Meeting Minutes, April 1, 2002, Page 8 of 11 Mr. McMahan responded to residents' and Council's questions and suggestions. He went on record saying he has advocated a reduction in size for PUDs for years. Susan Johnson, 308 Lakeside Court, Southlake, Texas, stated her opposition again and said she wants to go with PUD zoning. ~Wayne Lce, 1601 Regal Oaks Drive, Southlake, Texas, stated his support of this request. He said a developer could not do a PUD on this property because the land was cut up long ago. He suggested tweaking this ordinance to get the best project we can with Mr. McMahan. Claris Smith, 1500 Oak Lane, Southlake, Texas, said this property needs to be rezoned to PUD. He said updates to ordinances should be raised by City Council. Mayor Stacy called for a break at 10:26 p.m. He reconvened the meeting at 10:49 p.m. Lero¥ Whitaker, 1200 Lansdowne Court, Southlake, Texas, thinks the Council and the residents have made a lot of progress this evening. He asked the Council to press forward tonight. Kcnneth Home, 1215 Ashmoore Court, Southlake, Texas, said we cannot do what was suggested earlier regarding approving this ordinance just for this property because that would be spot zoning. He asked why there was not a SPIN meeting on this subject which could have resolved many of these issues. Mayor Stacy summari×ed the discussion so far and asked for comments from the audience again. He suggested that Mr. McMahan meet with the homeowners before the 2'~d reading and try to address some of their issues. Wa,/ne Lee, 1601 Regal Oaks Drive, Southlake, Texas, suggested that Council move forward with discussions and try to get something they can all be proud of out there. Chris Smith, 1500 Oak Lane, Southlake, Texas, said patience always brings good things. He thinks it would be better to look at this as a PUD. Melanie Bell, 1904 Ptarmigan Street, Southlake, Texas, said this is too important to be pushed through. She asked Council to vote no tonight. She thinks it is in the best interest of Southlake and everybody involved to not rush this. Jan Francis, 1211 Ashmoore Court, Southlake, Texas, said a citywide SPIN meeting cannot be done in less than two weeks. Bill Stonaker, Los Robles, Grapevine, Texas, urged Council to move forward with David McMahan. He said we have a good deal here, and we had better take it while we can get it. Jamic Cadiz, 707 Chaucer Court, Southlake, Texas, said this project needs to go through the right channels. Kevin Hoverton, 800 Westminster Way, Southlake, Texas, stated his concern is with the other MH districts in town and the impact of this request on those districts. City Council Meeting Minutes, April 1, 2002, Page 9 of ll Thc following persons did not speak but submitted opposition in writing: Bob Bonchak, 1820 Hunter's Creek Drive, Southlake, Texas. Ben and Mary Jo Wood, 1475 Cedar Court, Southlake, Texas. Tim following persons did not speak but submitted support in writing: Frank A. Ritz, Ritz Properties, P. O. Box 1530, Colleyville, Texas. Todd B. Handwerk, Calais Custom Homes, 365 Miron Drive, Suite A, Southlake, Texas. Councilmember Potter said he wants to go back and revisit the PUD. He said that we should fix the situation by rezoning the property and not change the ordinance to fix the problem. Councilmember Stephen said he wants to move forward tonight and let the applicant have the SPiN meeting with the residents. He said he understands where the residents are coming from regarding the PUD, but thc problem is we don't have a PUD here - the property is already zoned MH. If it was unzoned, then he would agree with the residents. Councilmember Standerfer said he will vote no unless the applicant agrees to table this to the May 7 meeting instead of the next meeting on April 16. He wants to give the SPiN process time. He said if we do not allow for time to hold a meeting then we will come back in two weeks and be in the same position we are now. Mr. McMahan agreed to hold a SPiN meeting and not request a second reading until May 7 in order for there to be enough time for the city to organize a SPIN meeting. Several members of the audience commented that they still would not be willing to move forward with this request. Motion was made to deny Ordinance No. 480-NN, Ist Reading. Motion: Standerfer Second: Potter Before thc vote was called, a discussion was held to move forward with the request tonight with the stipulation that Mr. McMahan not bring the request back until a SPIN meeting could be held to work out some o f the concerns discussed tonight. Ayes: Potter Nays: Stephen, Evans, Standerfer, Stacy Motion failed: 1-4 Motion was made to approve Ordinance No. 480-NN, 1st Reading, allowing site built homes; allowing minimum 7,801) s.f. lots; allowing minimum 10' side yard setbacks; tabling the 2nd Reading of the ordinance to the May 7 Council meeting; and requiring a citywide SPiN meeting before the 2 Reading. Motion: Standerfer Second: Stephen Ayes: Stephen, Evans, Standerfer, Stacy Nays: Potter Approved: 4-1 City Council Meeting Minutes, April 1, 2002, Page 10 of ll Agenda Item 9A. Resolution No. 02-010, Amendments to the Master Thoroughfare Plan. Motion was made to table and continue the Public Hearing to the April 16, 2002, City Council meeting. Motion: Stephen Sccond: Potter Ayes: Evans, Potter, Stephen, Stacy Nays: Standerfer Approved: 4-1 Agenda Item No. 12. Adjournment. There being no further business to discuss, the meeting was adjourned at 11:45 p.m. Submitted by: Lori Farwell, Adm~mstrative Secretary ATTEST: Ki~ Bush, Acting City Secretary City Council Meeting Minutes, April 1, 2002, Page 11 of ll