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2014-06-17Ciiv OF SOXASUTHLAKE TE REGULAR CITY COUNCIL MEETING MINUTES: June 17.2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell and Councilmembers Gary Fawks, Carolyn Morris, Shahid Shafi and Randy Williamson. CITY COUNCIL ABSENT: Mayor Pro Tem Laura Hill and Deputy Mayor Pro Tem Brandon Bledsoe. 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, Executive Secretary to the City Manager Lori Payne, Chief Financial Officer Sharen Jackson, Director of Community Services Chris Tribble, Assistant to Director of Community Services Cassie Tucker, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Information Technology Greg Hendricks, Police Chief Steve Mylett, Senior Director of Planning and Development Services Ken Baker, Principal Planner Daniel Cortez, Director of Public Works Bob Price, Deputy Director of Public Works Cheryl Taylor, Public Works Operations Manager Chuck Kendrick, Civil Engineer Steve Anderson, Civil Engineer Alex Ayala, City Attorney Fritz Quast and Deputy City Secretary Traci Riggs. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:33 p.m. 2. INVOCATION Mr. Adib Nabily gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. 2013 CITIZEN SURVEY FOLLOW UP Assistant City Manager Alison Ortowski provided Council with a review the 2013 Citizen Satisfaction Survey on the top three issues identified in the survey by the citizens which REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 1 of 14 are managing traffic congestion, providing bicycle friendly streets and trails and managing growth and development. 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. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:09 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 551.074, deliberation regarding personnel. City Council adjourned for Executive Session at 6:09 p.m. Executive Session began at 6:25 p.m. and concluded at 7:11 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:19 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. Mayor Terrell recognized Simon Meeks with Troop 1905 and his efforts on obtaining the required merit badges for becoming an Eagle Scout by observing the proceedings of the City Council meeting tonight. 3A. MAYOR'S REPORT 3A1. PROCLAMATION — NATIONAL PARKS AND RECREATION MONTH Mayor Terrell recognized and presented a proclamation to Community Services Director Chris Tribble, Assistant to the Director Cassie Tucker, Recreation Superintendent Steve Moore, Parks Supervisor Shane Cloud, Parks Supervisor Marvin Athans, Recreation Coordinator Junior Camacho and Recreation Coordinator Ashley Newhart proclaiming the month of July 2014 as National Parks and Recreation Month. 3B. CITY MANAGER'S REPORT REGULAR AGENDA: REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 2 of 14 4. CONSENT AGENDA Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE JUNE 3, 2014 REGULAR CITY COUNCIL MEETING. 4B. APPROVE ANNUAL AGREEMENT WITH PREMIER MAGNESIA, LLC FOR ODOR CONTROL TREATMENT AT LIFT STATIONS IN THE AMOUNT OF $134,500. 4C. APPROVE THE ANNUAL INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO PROVIDE TAX COLLECTION AND ASSESSMENT SERVICES FOR AD VALOREM TAXES LEVIED BY THE CITY OF SOUTHLAKE FOR TAX YEAR 2014. 4D. APPROVE AMENDMENT NO. 1 OF THE COMMERCIAL DEVELOPER AGREEMENT WITH EXCEL SOUTHLAKE, LLC FOR PARK VILLAGE LOT 1, BLOCK 1, AND LOT 1 AND BLOCK 2. 4E. APPROVE ANNUAL CONTRACT RENEWAL FOR LEWIS CONCRETE RESTORATION FOR MANHOLE AND WET WELL REHAB SERVICES IN AN AMOUNT NOT TO EXCEED $250,000. 4F. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4G. APPROVE INTERLOCAL AGREEMENT WITH CITY OF KELLER FOR THE CONSTRUCTION OF FM 1938 PHASE 2. Approved with consent subject to City Attorney approval. 4H. APPROVE LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE CONSTRUCTION OF FM 1938 PHASE 2 IN THE AMOUNT OF $2,260,290. 41. VARIANCE TO SUBDIVISION ORDINANCE NO. 483, AS AMENDED, REGARDING PLAT EXPIRATION, REQUESTING TO EXTEND THE VALIDITY OF CASES ZA13 -050, ZA13 -051, ZA13 -052, FINAL PLATS FOR CARILLON PHASES C, B AND A, RESPECTIVELY. Mayor Terrell asked the City Attorney to address the administrative roll as related to approving items 4J and 4K. Councilmembers Morris and Fawks both stated this was an administerial approval of the plats and not an approval or endorsement of the developments. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 3 of 14 4J. ZA14 -065, PLAT VACATION FOR THE HANNA ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1000 AND 1030 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "TZD" TRANSITION ZONING DISTRICT. SPIN #4. 4K. ZA14 -042, PLAT REVISION 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, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 700, 890, 1000 AND 1030 NORTH KIMBALL AVENUE AND 2000 EAST KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "TZD" TRANSITION ZONING DISTRICT. SPIN #4. 4L. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH BROWNSTONES AT TOWN SQUARE, L.P. FOR THE GARDEN DISTRICT AND PHASE C BROWNSTONES. City Council removed item from the consent agenda. 4M. ZA14 -060, PLAT SHOWING FOR LOTS 19 -21, J.G. ALLEN NO. 18 ADDITION ON PROPERTY BEING DESCRIBED AS TRACTS 2C26 AND 2C27, J.G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 180 & 190 JELLICO CIRCLE, SOUTHLAKE, TEXAS. CURRENT ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #11. 4N. APPROVE THE ABSENCES FOR MICHAEL SPRINGER FROM THE MAY 22, 2014 AND JUNE 5, 2014 PLANNING AND ZONING COMMISSION MEETINGS. 40. SV14 -010, VARIANCE TO SIGN ORDINANCE NO. 704 -F REGULATIONS FOR THE GROVE TEMPORARY LAND SIGNS LOCATED AT 500 WEST STATE HIGHWAY 114 AND EAST STATE HIGHWAY 114 FRONTAGE ROAD. Item approved with consent agenda, stating the variance is for two year period and no other signs are added. 4P. APPROVE TELECOM EXPENSES FOR VERIZON SERVICES IN THE AMOUNT OF $143,187. 4Q. APPROVE TELECOM /INTERNET EXPENSES FOR ONESOURCE COMMUNICATIONS SERVICES IN THE AMOUNT OF $64,724. 4R. APPROVE TOSHIBA COPIER SERVICES EXPENSES IN THE AMOUNT OF $90,140. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 4 of 14 4S. APPOINT A CITY SECRETARY AND APPROVE EMPLOYMENT AGREEMENT FOR THE CITY SECRETARY. 4T. RESOLUTION NO. 14 -032, ADOPTING A RESOLUTION SUPPORTING THE NEED TO ADEQUATELY FUND TRANSPORTATION AND AUTHORIZING THE MAYOR TO EXECUTE THE RESOLUTION ON BEHALF OF THE CITY COUNCIL. 4U. TABLED ITEMS: 1. SV14 -008, SIGN VARIANCE TO THE SIGN ORDINANCE NO. 704 -F REGULATIONS FOR KIMBALL LAKES OFFICE PARK LOCATED AT 560 -596 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. (THIS ITEM WAS TABLED BY COUNCIL AT THE JUNE 3, 2014 CITY COUNCIL MEETING TO THE JUNE 17, 2014 CITY COUNCIL MEETING. ON JUNE 5, 2014, THE APPLICANT HAS FORMALLY WITHDRAWN THEIR REQUEST.) 2. ORDINANCE NO. 480 -624B (ZA14 -021), ZONING CHANGE AND SITE PLAN FOR SILVER RIDGE ASSISTED LIVING PHASE II ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3B, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND LOTS 1 & 2X, SILVER RIDGE ADDITION PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1975 — 2001 E. KIRKWOOD BLVD. AND 600 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #4. (THIS ITEM WAS TABLED BY COUNCIL AT THE JUNE 3, 2014 CITY COUNCIL MEETING TO THE AUGUST 5, 2014 CITY COUNCIL MEETING.) 3. ORDINANCE NO. 480 -646A (ZA14 -022), ZONING CHANGE AND SITE PLAN FOR KIMBALL LAKES MEDICAL OFFICES PHASE II ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3B, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND LOTS 1 & 2, SILVER RIDGE ADDITION PHASE II, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 600 — 630 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #4. (THIS ITEM WAS TABLED BY COUNCIL AT THE JUNE 3, 2014 CITY COUNCIL MEETING TO THE AUGUST 5, 2014 CITY COUNCIL MEETING.) APPROVED A motion was made to approve the consent agenda as presented noting the following: Item 4G subject to City Attorney approval, item 40 the variance is for two year period REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 5 of 14 and no other signs are to be added, item 4L will be removed from consent agenda, adding item 7B which was tabled at the request of the applicant. Motion: Williamson Second: Fawks Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor Terrell closed the public forum. Mayor Terrell moved to Item 4L. 4L. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH BROWNSTONES AT TOWN SQUARE, L.P. FOR THE GARDEN DISTRICT AND PHASE C BROWNSTONES. Director of Public Works Bob Price presented item and was available to answer questions from Council. Developer Frank Bliss was available to answer questions from Council. A motion was made to approve residential developer agreement with Brownstones at Town Square, L.P. for The Garden District and Phase C Brownstones. Motion: Williamson Second: Fawks Ayes: Fawks, Morris, Terrell, Williamson Nays: Shafi Approved: 4 -1 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ZA13 -005, SITE PLAN FOR DUFF'S FAMOUS WINGS ON PROPERTY DESCRIBED AS LOT 3, BLOCK 1, CORNERSTONE PLAZA, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2787 EAST SOUTHLAKE BOULEVARD, B -100, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Principal Planner Daniel Cortez presented item and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 6 of 14 Applicant RJ Weigel presented information on their business. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA13 -005, Site Plan for Duffs Famous Wings subject to staff report dated May 30, 2014 granting the variance request and noting the columns for the awning will be 32 inches in height and that the width and depth of the columns will be substantially similar to the submitted renderings and approving the red awning. Motion: Williamson Second: Morris Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 6B. ZA14 -004 SITE PLAN FOR SOUTHLAKE HERITAGE BUSINESS PARK NO. 2 ON PROPERTY DESCRIBED AS TRACT 1, C. MCDONALD SURVEY, ABSTRACT NO. 1013, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 2600 STATE HIGHWAY 26, SOUTHLAKE, TEXAS. CURRENT ZONING: "1 -1" LIGHT INDUSTRIAL DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6B and 6C and was available to answer questions from Council. Applicant Mace McClatchy presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA14 -004 Site Plan for Southlake Heritage Business Park No. 2 subject to the staff report dated June 11, 2014 and site plan review summary No. 6 dated June 11, 2014, granting applicant's variances to driveway stacking depth, driveway spacing, and tree preservation, adding stone on the north elevation of both buildings as agreed upon by the applicant, and making reference to the transportation improvements represented this evening. Motion: Williamson Second: Morris Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 7 of 14 6C. ZA14 -005 PRELIMINARY PLAT FOR LOT 1, BLOCK 1, HERITAGE BUSINESS PARK NO. 2 ON PROPERTY DESCRIBED AS TRACT 1, C. MCDONALD SURVEY, ABSTRACT NO. 1013, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 2600 STATE HIGHWAY 26, SOUTHLAKE, TEXAS. CURRENT ZONING: "1 -1" LIGHT INDUSTRIAL DISTRICT. SPIN #8. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. A motion was made to approve ZA14 -005 Preliminary Plat for Lot 1, Block 1, Heritage Business Park No. 2 addition subject to the staff report dated June 11, 2014 and plat review summary No. 4 dated June 11, 2014, granting the applicant's variances to driveway stacking depth, driveway spacing, and tree preservation, as well as the transportation representations made. Motion: Williamson Second: Morris Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 6D. RESOLUTION NO. 14 -028 (ZA14 -067), SPECIFIC USE PERMIT FOR JOHNSON ELEMENTARY SCHOOL OBSERVATORY TO INCLUDE A REQUEST FOR A VARIANCE TO THE MASONRY ORDINANCE NO. 557 -A, AS AMENDED, ON PROPERTY DESCRIBED AS LOT 13R1, F. THROOP NO. 1511 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1301 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "CS" COMMUNITY SERVICE DISTRICT. SPIN #3. PUBLIC HEARING APPROVED Principal Planner Daniel Cortez presented item and was available to answer questions from Council. Applicant representatives Matt Miller and Dr. Rene Moses presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 14 -028 (ZA14 -067), Specific Use Permit for Johnson Elementary School Observatory subject to the staff report dated May 30, 2014, and also granting each of the variance requests; one to the masonry ordinance No. 557 noting that the facade will not be vinyl siding, rather it will be Smart Side trim as REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 8 of 14 presented this evening, also granting the variance to Zoning Ordinance No. 480 with respect to the roof, also adding provision that the general limitation of use will be 11:00 p.m. each evening with the exception of special astronomical events and also to include the articulation variance. Motion: Williamson Second: Shafi Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING ON PROPERTY BEING DESCRIBED AS LOT 13R1, F. THROOP NO. 1511 ADDITION WITHIN THE CITY OF SOUTHLAKE, TEXAS, AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6E. RESOLUTION NO. 14 -027, (ZA14 -066), SPECIFIC USE PERMIT FOR A RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY BEING DESCRIBED AS LOT 26, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1700 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #5. PUBLIC HEARING APPROVED Principal Planner Daniel Cortez presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 14 -027, (ZA14 -066), Specific Use Permit for a Residential Solar Energy System subject to staff report dated May 30, 2014 and noting that the number of panels on the final project will be 78 instead of 72, approving the 78 panels. Motion: Williamson Second: Shafi Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 9 of 14 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM ON RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1700 SHADY OAKS DRIVE, BEING DESCRIBED AS LOT 26, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6F. ZA14 -068, SITE PLAN FOR ALTAR'D STATE ON PROPERTY BEING DESCRIBED AS LOT 2R, BLOCK 4R1, SOUTHLAKE TOWN SQUARE ADDITION PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1460 MAIN STREET,SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Principal Planner Daniel Cortez presented item and was available to answer questions from Council. Applicant representative Greg Terry presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Jason Kasal, 5741 Legacy, Plano, Texas spoke in support of this item. A motion was made to approve ZA14 -068, Site Plan for Altar'd State subject to staff report dated June 11, 2014 noting option number one as presented this evening. Motion: Williamson Second: Shafi Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 Mayor Terrell called for a recess at 9:03 p.m. Mayor Terrell reconvened meeting at 9:20 p.m. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -670 (ZA14 -058), 1ST READING, ZONING CHANGE AND SITE PLAN FOR EMPIRE RUGS ON PROPERTY BEING DESCRIBED REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 10 of 14 AS LOT 1R, BLOCK 1, MIRON ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 1695 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "C- 2" LOCAL RETAIL COMMERCIAL DISTRICT. REQUESTED ZONING: "S -P- 1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES. SPIN #8. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON AUGUST 5, 2014.) DENIED Principal Planner Daniel Cortez presented item and was available to answer questions from Council. Applicant representative Robert Garza presented item and was available to answer questions from Council. A motion was made to deny Ordinance No. 480 -670 (ZA14 -058), Zoning Change and Site Plan for Empire Rugs. Motion: Williamson Second: Fawks Ayes: Fawks, Morris, Shafi, Terrell, Williamson Denied: 5 -0 7B. ORDINANCE NO. 480 -672 (ZA14 -054), 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR HARBORCHASE OF SOUTHLAKE ON PROPERTY DESCRIBED AS TRACTS 4C, 4C1, 4C2 AND 4C3, ABSALOM H. CHIVERS SURVEY, ABSTRACT NO. 299, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 600, 700 AND 750 EAST STATE HIGHWAY 114 AND 900 EAST HIGHLAND STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #3. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON AUGUST 5, 2014.) APPROVED The tabling of this item was approved with the consent agenda. 8. RESOLUTIONS: 8A. RESOLUTION NO. 14 -030, AUTHORIZING THE CITY ATTORNEY TO BRING CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY TO CONSTRUCT AND MAINTAIN WATER LINES, TRAILS, AND ROADWAY APPURTENANCES ON LAND LOCATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 AT 1170 AND 1180 NORTH WHITE CHAPEL BOULEVARD. APPROVED REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 11 of 14 No presentation was required from Council. A motion was made to the City of Southlake to authorize the use of the power of eminent domain to acquire land located in the Thomas M. Hood Survey, Abstract No. 706 at 1170 and 1180 North White Chapel Boulevard for obtaining a right -of -way to construct and maintain waterlines, sidewalks, and roadway appurtenances. Motion: Williamson Second: Morris Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY AND EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC USES PERMITTED BY LAW. 9. OTHER ITEMS FOR CONSIDERATION: 9A. MSP14 -002, MASTER SIGN PLAN FOR PARK VILLAGE LOCATED AT 300 SOUTH CARROLL AVENUE. TABLED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Steven Coslik presented item and was available to answer questions from Council. A motion was made to table MSP14 -002, Master Sign Plan for Park Village located at 300 South Carroll Avenue to the August 5, 2014 City Council meeting. Motion: Williamson Second: Morris Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 9B. SV14 -011, VARIANCE TO SIGN ORDINANCE NO. 704 -F REGULATIONS FOR IL CALABRESE RESTAURANT LOCATED AT 1281 EAST STATE HIGHWAY 114. APPROVED REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 12 of 14 Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Dan Holzschott presented item and was available to answer questions from Council. A motion was made to approve SV14 -011, Variance to Sign Ordinance No. 704 -F regulations for it Calabrese Restaurant subject to staff report dated June 11, 2014 noting the following; letters on the north elevation are not to exceed 24 inches in height, the overall square footage of the east elevation is not to exceed 75% of the boxed facade area, noting the applicant as agreed to restore the areas behind previous signs to ensure facade is consistent with existing facade and approving variance as presented with conditions stipulated. Motion: Williamson Second: Fawks Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 9C. MSP14 -001, MASTER SIGN PLAN FOR KIMBALL OAKS RETAIL CENTER LOCATED AT 2221 EAST SOUTHLAKE BOULEVARD. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Henry Quaid presented item and was available to answer questions from Council. A motion was made to approve MSP14 -001, Master Sign Plan for Kimball Oaks Retail Center, noting the following; no action will be taken on building G and will go back to the sign committee for consideration, building C north elevation will have a maximum logo size of 72 inches with 20 inch lettering for PGA Tour and 36 inch lettering for Superstore, the east elevation is as presented, the south elevation will match the east elevation and the sign will not be lit on the south elevation. Motion: Williamson Second: Fawks Ayes: Fawks, Morris, Shafi, Terrell, Williamson Approved: 5 -0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 13 of 14 Mayor Terrell adjourned the meeting at 11:21 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John C. Terrell Mayor ttt ttt ATTEST: e • .•t O V T .'' dau: P Lori Payne, TRM r City Secretary •••••••• REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014 Page 14 of 14