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2014-09-02 Lei CITY OF SOU LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 2, 2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura Hill, Deputy Mayor Pro Tem Brandon Bledsoe (arrived at 6:58 p.m.), and Councilmembers Gary Fawks, Carolyn Morris, Shahid Shafi 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, Chief Financial Officer Sharen Jackson, Director of Economic Development and Tourism Shannon Hamons, Director of Community Services Chris Tribble, Fire Chief Mike Starr, Police Chief Steve Mylett, Director of Human Resources Stacey Black, 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 Lori Payne. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:34 p.m. 2. INVOCATION Mr. David Boxerman gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. 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: REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 1 of 19 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 5:41 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 and Section 551.072, deliberation regarding real property. City Council adjourned for Executive Session at 5:41 p.m. Executive Session began at 6:00 p.m. and concluded at 7:50 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:55 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. 3A. MAYOR'S REPORT No report was given. 3B. CITY MANAGER'S REPORT No report was given. REGULAR AGENDA: 4. CONSENT AGENDA. Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE AUGUST 5, 2014 REGULAR CITY COUNCIL MEETING; THE AUGUST 12, 2014 JOINT CITY COUNCIL MEETING WITH VARIOUS BOARDS; AND THE AUGUST 19, 2014 REGULAR CITY COUNCIL MEETING. 4B. ORDINANCE NO. 1098, 1 READING, ADOPT AN ORDINANCE TO ABANDON AN UNUSED PERMANENT EMERGENCY ACCESS EASEMENT LOCATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 16, 2014.) 4C. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH CENTURION AMERICAN DEVELOPMENT GROUP FOR GATEWAY LAKES. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 2 of 19 4D. APPROVE FACILITIES UTILIZATION AGREEMENT WITH SOUTHLAKE CRICKET CLUB. 4E. APPROVE A SOUTHLAKE PARKS DEVELOPMENT CORPORATION (SPDC) MATCHING FUNDS REQUEST FROM SOUTHLAKE CRICKET CLUB TO CONTRIBUTE TO THE CONSTRUCTION COST OF A CRICKET PITCH AT BOB JONES PARK. Director of Community Services Chris Tribble answered Council's questions on items 4D and 4E during work session. 4F. APPROVE GUARANTEED MAXIMUM PRICE IN THE AMOUNT OF $12,255,403 WITH ADOLFSON & PETERSON FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR CONSTRUCTION OF COMMUNITY RECREATION CENTER. 4G. ORDINANCE NO. 480-678 (ZA14 -093), 1 READING, ZONING CHANGE AND CONCEPT PLAN FOR LOT 2R, R.D. PRICE NO. 992 ADDITION ON PROPERTY DESCRIBED AS TRACT 14 AND A PORTION OF TRACT 15, R.D. PRICE SURVEY, ABSTRACT NO. 992A, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS, AND LOCATED AT 335 W. BOB JONES ROAD AND 4078 N. WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #1. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 16, 2014.) Senior Director of Planning and Development Services Ken Baker answered Council's questions on item 4G during work session. APPROVED A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 3 of 19 6A. ORDINANCE NO. 480-667 (ZA13 -106), 2 READING, ZONING CHANGE AND CONCEPT /SITE PLAN FOR SOUTHLAKE OFFICE PLAZA (FORMERLY NAMED SOUTHLAKE MEDICAL PLAZA) ON PROPERTY DESCRIBED AS TRACT 6J, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOT 1, BLOCK A, RAVENAUX VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 245 WEST SH 114 AND 200 COUNTRYSIDE COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #5. PUBLIC HEARING TABLED Senior Director of Planning and Development Services Ken Baker presented this item and was available to answer questions from Council. Applicant Scott Asbury and architect Tyler Adams presented this item and were 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 table Ordinance No. 480 -667 (ZA13 -106), Zoning Change and Concept/Site Plan for Southlake Office Plaza (formerly named Southlake Medical Plaza) to the September 16, 2014 City Council meeting. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 (to table) 6B. RESOLUTION NO. 14 -035, (ZA14 -096), SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM AT CARROLL HIGH SCHOOL ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1, OF THE CARROLL ISD NO. 2 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 800 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #7. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented this item and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 4 of 19 Applicants from Carroll Independent School District, Assistant Superintendent for Administrative Services Matt Miller and Assistant Superintendent for Financial Services Robb Welch, along with Eric Cotney with Axium Solar answered Council's questions. 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 -035, (ZA14 -096), Specific Use Permit for a Solar Energy System at Carroll High School. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM ON NON - RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 800 N. WHITE CHAPEL BOULEVARD, BEING DESCRIBED AS LOT 1, BLOCK 1, OF THE CARROLL ISD #2 ADDITION AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6C. ORDINANCE NO. 480-676 (ZA14 -088), 2 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR TORIAN PLACE ON PROPERTY BEING DESCRIBED AS TRACTS 1P, 1P1, 1Q1, 1Q, 1R, 3B, 1X1, 1X, 1Y,1Z, F. THROOP SURVEY, ABSTRACT NO. 1511 AND A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2118, 2122, 2128, 2132, 2136, 2140, 2148, 2152, AND 2160 E. DOVE ROAD AND 1840 AND 1860 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #4. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6C and 6D together and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 5 of 19 Applicant Kosse Maykus, 1723 East Southlake Boulevard, Southlake, Texas and project engineer, Keith Hamilton, 8241 Mid - Cities Boulevard, #100, North Richland Hills, Texas presented this item and answered Council's questions. Mayor Terrell opened the public hearings for items 6C and 6D and asked for anyone wishing to speak on the items to come forward. Richard Halley, 1820 North Kimball Avenue, Southlake, Texas spoke in opposition. Lloyd Satterfield, 2417 Greenbough Lane, Southlake, Texas spoke in opposition. Shannon Taylor, 1890 North Kimball Avenue, Southlake, Texas spoke in opposition. Susan Johnson, 839 Simmons Court, Southlake, Texas spoke in opposition. Lester Strait, 1900 North Kimball Avenue, Southlake, Texas spoke in opposition. Martin Prinz, 1880 Kimball Avenue, Southlake, Texas spoke in opposition. The following cards were submitted from persons in opposition but not wanting to speak: Katherine Sheffield, 800 Simmons Court, Southlake, Texas; Brent Sheffield, 800 Simmons Court, Southlake, Texas; and, Walter Nichols, 1613 Heatherbrook Court, Southlake, Texas. Mayor Terrell closed the public hearings. A motion was made to approve Ordinance No. 480 -676 (ZA14 -088), Zoning Change and Development Plan for Torian Place subject to Development Plan Review Summary No. 3, dated August 27, 2014 approving the open space requirement for the RPUD; noting that the lift station that is currently located on Lot 6, Block 2, will be relocated to Lot 7, Block 1 and there will be no drive or any access along Lot 6, Block 2 and it will be removed from that lot and added to the total lot area; noting that on Lot 6, Block 2 there will be a 30 -foot conservation easement along the northern part of the lot in which nothing may be built; noting that the applicant will provide access to the Wilkinson tract for the lift station that will be located on Lot 7, Block 1; noting that the area for the sewer system on Lot 7, Block 1 will be dedicated fee simple to the City of Southlake and any square footage devoted to the lift station on Lot 7, Block 1 will be removed from the lot area requirements shown on the current site plan; noting that the allowable size of 1,000 square feet for the accessory buildings will be reduced to the standard 600 square feet; noting that the applicant will provide for improved drainage through the Wilkinson tract as well in addition to his drainage requirements; noting that the lift station engineering for Lot 7, Block 1 will require concurrence of the Public Works Department and noting the applicant will, up front, construct the lift station at his cost but upon such time as the developer's agreement is completed, it will provide for a pro rata REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 6 of 19 reimbursement including the lots to the west of this development that will benefit from the lift station; requiring side yard setbacks of 15 feet on the 30,000 square foot lots in Block 2; and approving the variance to the open space requirements for RPUD. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Terrell, Williamson Nays: Morris, Shafi Approved: 5 -2 (motion failed) This motion failed due to the requirement of a super - majority due to surrounding opposition. 6D. ORDINANCE NO. 480-677 (ZA14 -089), 2 READING, ZONING CHANGE AND CONCEPT PLAN FOR A PORTION LOT 6, BLOCK 1, MEADOWMERE ADDITION ON PROPERTY BEING DESCRIBED AS A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 1860 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #4. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented this item along with item 6C. Although the public hearing for item 6D was held jointly with item 6C, Mayor Terrell asked if anyone else wished to speak on this item. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 480 -677 (ZA14 -089), Zoning Change and Concept Plan for a portion Lot 6, Block 1, Meadowmere Addition subject to Concept Plan Review Summary No. 1, dated August 1, 2014. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Terrell, Williamson Nays: Morris, Shafi Approved: 5 -2 (motion failed) This motion failed due to the requirement of a super - majority due to surrounding opposition. Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 7 of 19 attorney. City Council adjourned for Executive Session at 10:12 p.m. Executive Session began at 10:17 p.m. and concluded at 10:36 p.m. Mayor Terrell reconvened the meeting at 10:56 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 stated that Council would reconsider items 6C and 6D. A motion was made to reconsider Ordinance No. 480 -676 (ZA14 -088), Zoning Change and Development Plan for Torian Place. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Terrell, Williamson Nays: Shafi Approved: 6 -1 Mayor Terrell asked the applicant, Kosse Maykus, to come forward to and discuss his revised proposal for item 6C, Torian Place. Council discussed the item with Mr. Maykus. A motion was made to approve Ordinance No. 480 -676 (ZA14 -088), Zoning Change and Development Plan for Torian Place subject to the requirements of the prior motion for approval with the following amendments: changing the lot configurations on the east side to reduce the number of lots from seven lots to six lots and to increase the overall lot size to an average of approximately 23,000 square feet per lot; and combining the open space to Lot 6, Block 2. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Terrell, Williamson Nays: Shafi Approved: 6 -1 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 TRACTS 1P, 1P1, 1Q1, 1Q, 1R, 3B, 1X1, 1X, 1Y,1Z, F. THROOP SURVEY, ABSTRACT NO. 1511 AND A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.45 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 8 of 19 "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. A motion was made to reconsider Ordinance No. 480 -677 (ZA14 -089), Zoning Change and Concept Plan for a portion Lot 6, Block 1, Meadowmere Addition. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 A motion was made to approve Ordinance No. 480 -677 (ZA14 -089), Zoning Change and Concept Plan for a portion Lot 6, Block 1, Meadowmere Addition subject to Concept Plan Review Summary No. 1, dated August 1, 2014. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, 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 A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.12 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT" TO "SF- 20A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 9 of 19 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. Mayor Terrell stated that the applicant for item 9A, SV14 -014, amendment to the Master Sign Plan for Jellico Square, asked to table that item to the next City Council meeting on September 16, 2014 and asked to meet with the Sign Committee prior to that time. 9A. SV14 -014, AMENDMENT TO THE MASTER SIGN PLAN FOR JELLICO SQUARE LOCATED AT 223 RANDOL MILL ROAD, SOUTHLAKE, TEXAS. TABLED A motion was made to table SV14 -014, Amendment to the Master Sign Plan for Jellico Square located at 223 Randol Mill Road, Southlake, Texas to the September 16, 2014 City Council meeting. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 6E. ORDINANCE NO. 480 -624B (ZA14 -021), 2 READING, 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 EAST KIRKWOOD BOULEVARD 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. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented items 6E, 6F and 6G together and was available to answer questions from Council. Applicant David Keener presented items 6E, 6F, and 6G together and addressed Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 10 of 19 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 -624b (ZA14 -021), Zoning Change and Site Plan for Silver Ridge Assisted Living Phase II subject to Site Plan Review Summary No. 4, dated August 13, 2014 approving the variance for the lotting requirements as noted in the staff report and also noting the applicant will provide utility panels and electrical access on the south side of the building away from the street frontage. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, 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 TRACT 3B, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND LOT 1, SILVER RIDGE ADDITION PHASE I, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS, BEING APPROXIMATELY 5.9 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P- 1" DETAILED SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT FOR SILVER RIDGE ASSISTED LIVING PHASE II, 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. 6F. ORDINANCE NO 480 -646A (ZA14 -022), 2 READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL LAKES MEDICAL OFFICES PHASE II ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3B, T. MAHAN REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 11 of 19 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. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented this item along with items 6E and 6G and was available to answer questions from Council. Applicant David Keener presented items 6E, 6F, and 6G together and addressed Council's questions. 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 -646a (ZA14 -022), Zoning Change and Site Plan for Kimball Lakes Medical Offices Phase II subject to Site Plan Review Summary No. 4, dated August 13, 2014 approving the variances for stacking depth and lotting requirements as noted in the staff report and noting that all mechanical equipment will be screened from any drives per the existing development. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, 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 A PORTION OF TRACT 3B, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND LOTS 1 & 2, SILVER RIDGE ADDITION PHASE II, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS, BEING APPROXIMATELY 4.99 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT FOR KIMBALL LAKES MEDICAL OFFICES PHASE II, 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 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 12 of 19 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. 6G. ZA14 -023, PRELIMINARY PLAT FOR SILVER RIDGE ADDITION PHASE III ON PROPERTY DESCRIBED AS TRACT 3B, T. MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 600 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #4. APPROVED Senior Director of Planning and Development Services Ken Baker presented this item along with items 6E and 6F and was available to answer questions from Council. Applicant David Keener presented items 6E, 6F, and 6G together and addressed Council's questions. A motion was made to approve ZA14 -023, Preliminary Plat for Silver Ridge Addition Phase III subject to Plat Review Summary No. 3, dated May 16, 2014 and approving the variance for the lotting requirements as noted in the staff report. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 6H. ZA14 -091 SITE PLAN FOR COLUMBIA SPORTSWEAR ON PROPERTY DESCRIBED AS LOT 4, BLOCK 1R, TOWN SQUARE ADDITION, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1235 MAIN STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented this item and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 13 of 19 Applicant Elizabeth Piller of BHTP Architecture, 302 West 3rd Street, Suite 500, Cincinnati, Ohio presented this item and addressed Council's questions. Jason Kasal with RPAI answered Council's questions. 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 -091 Site Plan for Columbia Sportswear subject to Staff Report dated August 27, 2014 and including the recommendation of the Planning and Zoning Commission to include a stone knee wall shown as Option `B' and noting Council's choice of Option `2B' for the east elevation and stipulating that the lifestyle image shown on the presentation is not part of Council's approval tonight and will be brought back later with an overall sign package. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 61. CONSIDER PROPOSAL TO ADOPT A TAX INCREASE AS A RESULT OF THE PROPOSED TAX RATE OF $.462 EXCEEDING THE EFFECTIVE TAX RATE BY 3.3 %. PUBLIC HEARING APPROVED Chief Financial Officer Sharen Jackson presented items 61, 6J, 6K, 6L, and 6M together and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. Mayor Terrell stated that the final vote on the tax rate is scheduled for September 16, 2014 at 5:30 p.m. or immediately following the work session here at Town Hall in the Council Chambers. A motion was made to approve adopt a tax increase as a result of the proposed tax rate of $.462 exceeding the effective tax rate by 3.3 %. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 14 of 19 6J. ORDINANCE NO. 1099, 1 READING, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR 2015 AND APPROVING THE REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2014 AND MULTI- YEAR CAPITAL IMPROVEMENT. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 16, 2014.) APPROVED Chief Financial Officer Sharen Jackson presented items 61, 6J, 6K, 6L, and 6M together and was available to answer questions from Council. A motion was made to approve Ordinance No. 1099, Approving and adopting the Annual Budget for the Fiscal Year 2015 and approving the revised budget figures for the Fiscal Year 2014 and Multi -year capital improvement. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 6K. ORDINANCE NO. 1100, 1 READING, TAX LEVY ORDINANCE. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 16, 2014.) APPROVED Chief Financial Officer Sharen Jackson presented items 61, 6J, 6K, 6L, and 6M together and was available to answer questions from Council. A motion was made to approve Ordinance No. 1100, Tax Levy Ordinance. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 6L. ORDINANCE NO. 1101, 1 READING, APPROVE AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR A RESIDENTIAL HOMESTEAD PROPERTY TAX EXEMPTION. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 16, 2014.) APPROVED Chief Financial Officer Sharen Jackson presented items 61, 6J, 6K, 6L, and 6M together and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 15 of 19 A motion was made to approve Ordinance No. 1101, an ordinance of the City of Southlake, Texas, providing for a residential homestead property tax exemption. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 6M. APPROVAL OF AMENDED FISCAL YEAR 2014 SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT OPERATING BUDGET AND ADOPTION OF FISCAL YEAR 2015 OPERATING BUDGET. PUBLIC HEARING APPROVED Chief Financial Officer Sharen Jackson presented items 61, 6J, 6K, 6L, and 6M together 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 the amended Fiscal Year 2014 Southlake Crime Control and Prevention District Operating Budget and adoption of Fiscal Year 2015 Operating Budget. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -671 (ZA14 -059), 1 READING, ZONING CHANGE AND SITE PLAN FOR PIETER ANDRIES JEWELER ON PROPERTY BEING DESCRIBED AS LOT 3 -R -1, BLOCK 1, OF THE GEORGETOWN PARK ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 2525 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 SEPTEMBER 16, 2014.) APPROVED REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 16 of 19 Senior Director of Planning Development Services presented this item and was available to answer questions from Council. Applicant Robert Garza, LPGA Design Group, presented this item and was available to answer Council's questions. A motion was made to approve Ordinance No. 480 -671 (ZA14 -059), Zoning Change and Site Plan for Pieter Andries Jeweler subject to Site Plan Review Summary No. 3, dated July 9, 2014 and accepting the recommendations and approval of the Planning and Zoning Commission. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 7B. ORDINANCE NO. 480 -244A (ZA14 -029), 1 READING, ZONING CHANGE AND SITE PLAN ON PROPERTY DESCRIBED AS LOTS 5R1, 5R2 AND 4, T. EASTER NO. 474 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 2801 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #8. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 16, 2014.) APPROVED Senior Director of Planning Development Services presented this item and was available to answer questions from Council. Applicant Keith Kennington presented this item and answered Council's questions. Ian MacLean of Highland Landscaping, LLC also addressed Council's questions. A motion was made to approve Ordinance No. 480 -244a (ZA14 -029) 1 Reading, approved (7 -0) for the property described as Lots 5R1, 5R2 and 4, (T. Easter No. 474 Addition) but noting that this only applies to Lot 5R2, (T. Easter No. 474 Addition) and made pursuant to the following: • Revised Site Plan Review Summary No. 4, dated August 27, 2014; • Noting the addition of the C -3 use will be limited to casual furniture and fireside furnishings and related accessories; • Noting with respect to the outdoor display area that it will be limited to patio furniture and related accessories; • Noting that the applicant will remove the proposed additional parking prior to second reading and provide a more detailed landscape plan for that area; and, REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 17 of 19 • Approving the requested variances to the Driveway Ordinance as presented on the site plan. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: The applicant for Item 9A, SV14 -014, amendment to the Master Sign Plan for Jellico Square, asked to table that item to the next City Council meeting on September 16, 2014 and asked to meet with the Sign Committee prior to that time. Council took action on this item earlier in the evening. 9B. SV14 -012, SIGN VARIANCE TO SIGN ORDINANCE NO. 704 -F REGULATIONS FOR COMPLETE CARE SOUTHLAKE LOCATED AT 321 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. DENIED Senior Director of Planning and Development Services Ken Baker presented this item and was available to answer questions from Council. Applicants Curt Horak with Priority Signs and Julie Radley with Complete Emergency Care presented this item and answered Council's questions. A motion was made to deny SV14 -012, Sign Variance to Sign Ordinance No. 704 -F regulations for Complete Care Southlake located at 321 West Southlake Boulevard. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 10. OTHER ITEMS FOR DISCUSSION: 10A. SURFACE PARKING IN SOUTHLAKE TOWN SQUARE Councilmember Shahid Shafi introduced this item and made opening comments. Director of Economic Development and Tourism Shannon Hamons presented the item to Council and facilitated a discussion. 11. MEETING ADJOURNED. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 18 of 19 Mayor Terrell adjourned the meeting at 1:08 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 0 C1 AD John C. Terrell Mayor ATTEST: OOO ,.•F 9pU T Hk. 14 • p .• .... I. • Lori Payne, TRMC =" I i City Secretary % •' r •......• REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2014 Page 19 of 19