2015-04-21CITY or
SOUTHLAK.E
TEXAS
REGULAR CITY COUNCIL MEETING APRIL 21, 2015
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order
2. Invocation: Jeff Gary
3. Southlake Chamber of Commerce Update
4. Status of the application for appeal of the Administrative Official's Decision and
Zoning Board of Adjustment hearing related to case ZA 14-099 Site Plan for
Southlake Town & Country on property being described as Tract 1 F and a
portion of Tract 1, J. West Survey, Abstract No. 1620, City of Southlake,
Tarrant County, Texas and located at 500 West State Highway 114, Southlake,
Texas. Current Zoning: "S -P-2" Generalized Site Plan District.
5. Discuss all items on tonight's agenda. No action will be taken and each item will
be considered during the Regular Session.
REGULAR SESSION: Immediately followina the work session
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time durina the meeting that a need arises for the City Council to
seek advice from the city attorney as to the posted subiect matter of
this City Council meeting.
Section 551.071: Consultation with city attornev
a. Seek advice of the city attorney regarding legal issues
related to legislative items.
b. Seek advice of the city attorney regarding appeals to the
Board of Adjustment and Tree Board concerning
City of Southlake values:
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City Council meeting agenda
April 21, 2015
Page 2 of 9
interpretation of the Zoning Ordinance, as amended, and the
Tree Preservation Ordinance, as amended.
G, Seek advice of the city attorney regarding contractual
dispute regarding pending Public Works project, specifically
repainting of the Pearson groundwater storage tanks.
2. Section 551.072: Deliberation regarding real property
a. Discuss right of way acquisition and process of potential
purchase or lease of real property for city facilities and
projects.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment of city board and commission
members.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Legislative Update
B. City Manager's Report
Strategic Priority Update
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent:
A. Approve minutes from the April 7, 2015 regular City Council meeting.
B. Ordinance No. 1116, 1st Reading, Adopt ordinance to abandon a utility
easement in a tract of land described as Lot 1, Block 1, Harrell Place,
recorded in Cabinet A, Slide 5839, of the map and/or plat records of
Tarrant County and deeded to Jake Squyres and Daria Squyres. (if
approved, the public hearing will be held on May 5, 2015.)
C. Approve an Encroachment and Joint Use Agreement for a new entry
feature monument in city right of way immediately north of the intersection
of Byron Nelson Parkway and East Continental Boulevard.
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April 21, 2015
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D. Approve Facilities Utilization Agreement with the Miracle League of
Southlake.
E. Ordinance No. 480-691 (ZA15-022), 15f Reading, Zoning Change and
Concept Plan for 1483 Brown Lane on property described as Tract 1G5,
J.H. Childress Survey Abstract No. 253, City of Southlake, Tarrant County,
Texas and located at 1483 Brown Lane, Southlake, Texas. Current
Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single
Family Residential District. SPIN #5. (If approved, the public hearing will
be held on May 5, 2095.)
F. SV14-018, Review of the Shops of Southlake Conditional Sign Permit for
Fans United.
G. Variance to Subdivision Ordinance No. 483, Section 4.01 (1), as amended,
regarding plat expiration, requesting to extend the validity of case ZA14-
020, Final Plat for Shady Oaks, Phase IV on property described as Tracts
11 C2A and 11 C2, and portions of Tracts 11 C, 11 C7, 11 and 11 E, Thomas
M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County,
Texas and located at 985, 1005, 1055 and 1125 North Peytonville
Avenue, and 1020 and 1120 Shady Oaks Drive, Southlake, Texas.
Current Zoning: "SF -20A' Single Family Residential District. SPIN #6.
H. Approve the absences for Kate Smith from the March 19, 2015 and April
9, 2015 Planning and Zoning Commission meetings.
1. ZA14-099, Site Plan for Southlake Town & Country on property being
described as Tract 1F and a portion of Tract 1, J. West Survey, Abstract
No. 1620, City of Southlake, Tarrant County, Texas and located at 500
West State Highway 114, Southlake, Texas. Current Zoning: °S -P-2"
Generalized Site Plan District. SPIN #3. PUBLIC HEARING (At the
applicant's request, this item has been withdrawn.)
J. ZA14-100, Preliminary Plat for Southlake Town & Country on property
described as Tracts 1 & 1 F, J. West Survey, Abstract No. 1620, City of
Southlake, Tarrant County, Texas and located at 500 West State Highway
114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan
District. SPIN #3. (At the applicant's request, this item has been
withdrawn.)
Tabled Items:
K. Resolution No. 15-020 (ZA14-141), Specific Use Permit for a Residential
Solar Energy System at 2213 Patterson Way on property described as Lot
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April 21, 2015
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6, Block 1, Patterson's Pond Addition, an addition to the City of Southlake,
Tarrant County, Texas, located at 2213 Patterson Way, Southlake, Texas.
Current Zoning: "SF -20A" Single Family Residential District. SPIN #4.
PUBLIC HEARING (This item has been administratively tabled until the
May 5, 2095 City Council meeting.)
L. Ordinance No. 480-684 (ZA14-120), 2nd Reading, Zoning Change and Site
Plan for White Line Self Storage on property described as Tracts 6D8 and
6D9, J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant
County, Texas and located at 750 Davis Boulevard and 2360 Michael
Drive, Southlake, Texas. Current Zoning: "AG" Agricultural District.
Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #10. PUBLIC
HEARING (At the applicant's request, this item has been tabled to the
June 2, 2095 City Council meeting.)
M. Ordinance No. 480-690 (ZA14-144), 1st Reading, Zoning Change and
Development Plan for Shady Lane on property described as Tracts 5C1,
5E1, 5E and 5D2C, Samuel Freeman Survey, Abstract No. 525, City of
Southlake, Tarrant County, Texas and located at 853, 909, 1001 and 1015
Shady Lane, Southlake, Texas. Current Zoning: "SF -1A" Single Family
Residential District. Requested Zoning: "R -PUD" Residential Planned Unit
Development District. SPiN #4. (At the applicant's request, this item has
been tabled indefinitely. Staff will readvertise this item and provide a
courtesy notification to all owners or persons rendering taxes on real
property, as their ownership appears on the last approved City of
Southlake tax roll, lying within two hundred (200) feet of the property for
which the change is requested if this item is placed on a future City
Council agenda for 9st reading consideration.)
N. Resolution No. 15-018 (ZA15-009), Specific Use Permit for two temporary
construction trailers at Verizon Wireless on property described as Lot 1,
Block 1, Solana Addition, an addition to the City of Southlake, Tarrant
County, Texas and Tracts 1 C1 A, 1 C1 B, 1C2 and 1F, James B. Martin
Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and
located at 500 West Dove Road, 747 West State Highway 114 and 2600
Kirkwood Boulevard, Southlake, Texas. Current Zoning: "NR -PUD" Non -
Residential Planned Unit Development District. SPIN #1. PUBLIC
HEARING (At the applicant's request, this item has been tabled to the
May 5, 2095 City Council meeting.)
O. Ordinance No. 1107 (CP14-003), 2nd Reading, Land Use Plan
Amendment from Low Density Residential to Medium Density Residential
on property being described as Tract 1A1C of the Absolom H. Chivers
Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas
located at 825 East Dove Road, Southlake, Texas. Current Zoning: "AG"
City of Southlake values:
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City Council meeting agenda
April 21, 2015
Page 5 of 9
Agricultural District. Requested Zoning: "SF -30" Single Family Residential
District (The applicant has requested amending the zoning application to
request "R -PUD" Residential Planned Unit Development instead of "SF -
30" Single Family Residential District.) SPIN #3. PUBLIC HEARING (At
the applicant's request, this item has been tabled to the May 5, 2095 City
Council meeting.)
P. Ordinance No. 480-687 (ZA14-131), 2nd Reading, Zoning Change and
Concept Plan for Lot 1 and Lot 2, Block 1, Edwards Park Addition on
property being described as Tract WC of the Absolom H. Chivers
Survey, Abstract No. 525, an addition to the City of Southlake, Tarrant
County, Texas located at 825 East Dove Road, Southlake, Texas. Current
Zoning: "AG" Agricultural District. Requested Zoning: "SF -30" Single
Family Residential District. (The applicant has requested amending the
zoning application to request "R -PUD" Residential Planned Unit
Development instead of "SF -30" Single Family Residential District.) SPIN
#3. PUBLIC HEARING (At the applicant's request, this item has been
tabled to the May 5, 2095 City Council meeting.)
Q. ZA14-132, Preliminary Plat for Lot 1 and Lot 2, Block 1, Edwards Park
Addition on property being described as Tract 1A1C of the Absolom H.
Chivers Survey, Abstract No. 525, an addition to the City of Southlake,
Tarrant County, Texas located at 825 East Dove Road, Southlake, Texas.
Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -30"
Single Family Residential District. (The applicant has requested amending
the zoning application to request "R -PUD" Residential Planned Unit
Development instead of "SF -30" Single Family Residential District.) SPIN
#3. (At the applicant's request, this item has been tabled to the May 5,
2095 City Council meeting.)
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7.00 p.m. This is the
public's opportunity to address the City Council about non -agenda items. During
this proceeding, the City Council will not discuss, consider or take action on any
item presented. We respectfully ask that anyone stepping forward to speak
during Public Forum to please limit remarks to three minutes or less.)
6. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 15-023, (ZA15-016) Specific Use Permit for a clothing
donation bin at Old Union Elementary School on property described as Lot
1, Block 1, of the Carroll ISD #5 Addition, City of Southlake, Tarrant
County, Texas, located at 1050 South Carroll Avenue, Southlake, Texas.
PUBLIC HEARING
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April 21, 2015
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B. ZA15-012, Site Plan for Block 2R1, Lot 4 of Southlake Town Square on
property described as Lot 4, Block 2R1, Phase I, Southlake Town Square,
an addition to the City of Southlake, Tarrant County, Texas and located at
1240 Main Street, Southlake, Texas. Current Zoning: "DT" Downtown
District. SPIN #8. PUBLIC HEARING
C. ZA15-013, Site Plan for Elite Commercial Suites on property described as
Lot 6 and Lot 7, Block A, North Davis Business Park, an addition to the
City of Southlake, Tarrant County, Texas and located at 1900 and 1950
Greenwood Drive, Southlake, Texas. Current Zoning: 1-1" Light Industrial
District. SPIN #10. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-564b (ZA15-002), 1St Reading, Zoning Change and
Development Plan for the Carillon Residential District located on property
described as Lots 1-12 Block 23, Lots 1-16 Block 24, and Lots 1-16 Block
6 of Carillon Phase 1A and all of Carillon Phase 4A, Carillon Phase 413,
Carillon Phase 4C, Carillon Phase 5A, Carillon Phase 5B, and Carillon
Phase 5C, City of Southlake, Tarrant County, Texas, located mainly north
of East Kirkwood Boulevard between North White Chapel Boulevard and
North Carroll Avenue and south of Estes Park subdivision in Southlake,
Texas. Current Zoning: "ECZ" Employment Center District. Requested
Zoning: "ECZ" Employment Center District. SPIN #3. (If approved, the
public hearing will be held on May 5, 2015.)
B. Ordinance No. 480-692 (ZA14-076), 1St Reading, Zoning Change and Site
Plan / Concept Plan for the Kumon Learning Center on property described
as Lots 3 and 4, Gumm Scifres Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 131 and 151 South
Village Center Drive, Southlake, Texas. Current Zoning: "0-1" Office
District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. (If
approved, the public hearing will be held on May 5, 2015.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. SV15-002, Sign Variance for BJ's Restaurant and Brewhouse murals
located at 2201 East Southlake Boulevard.
B. MSP15-001, Amendment to Master Sign Plan for Park Village located at
1001-1161 East Southlake Boulevard.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence 1 Teamwork
City of Southlake
City Council meeting agenda
April 21, 2015
Page 7 of 9
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, April 17, 2015 by 6:00 p.m.,
pursuant to the Texas Govern MfjA ,bode, Chapter 551.
•
o
Lori Payne, TR
City Secretary `
If you plan to attend this public'rnsJJla;'end have a disability that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-7488016 and reasonable
accommodations will be made to assist you.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 21, 2015
Page 8 of 9
EXECUTIVE SESSION
Section 551.071: Consultation with attorney. The City Council may conduct a private
consultation with its attorney when the City Council seeks the advice of its attorney
concerning any item on this agenda, about pending and contemplated litigation, or a
settlement offer, or on a matter in which the duty of the attorney to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas
clearly conflicts with Chapter 551. This includes the following pending and/or
contemplated litigation subjects:
1. Pending Public Information Act requests.
2. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
3. Legal issues regarding the Barnett Shale gas extraction and transportation.
4. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
5. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent
domain action regarding property located at 1470 North Kimball Avenue,
Southlake, Texas.
6. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
Section 551.072: Deliberation regarding real property. The City Council may conduct a
closed meeting to deliberate the purchase, exchange, lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation. The City Council
may conduct a closed meeting to deliberate a negotiated contract for a prospective gift
or donation to the City.
Section 551.074: Deliberation regarding personnel matters. The City Council may
deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of public officers, including the City Manager, City Secretary, City Attorney,
Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices. The City Council may
deliberate the deployment, or specific occasions for implementation of security
personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations. The City
Council may discuss or deliberate regarding commercial or financial information
received from a business prospect that the city seeks to have locate, stay, or expand in
or near the city and which the City is conducting economic development negotiations; or
to deliberate the offer of a financial or other incentive to a business prospect as
described above.
City of Southlake values:
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City of Southlake
City Council meeting agenda
April 21, 2015
Page 9 of 9
Section 418.183(f): Texas Disaster Act. The City Council may deliberate information: 1)
for purposes of preventing, investigating, or responding to an act of terrorism or related
criminal activity and involving emergency response providers, their staffing, contact
information and tactical plans; 2) that relates to the risk or vulnerability of persons or
property, including infrastructure, to an act of terrorism; 3) that relates to the assembly
of an explosive weapon, the location of a material that may be used in a chemical,
biological or radioactive weapon, or unpublished information pertaining to vaccines or
devices to detect biological agents or toxins; 4) that relates to details of the encryption
codes or security keys for a public communication system; 5) that relates to a terrorism -
related report to an agency of the United States; 6) that relates to technical details of
particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to
information regarding security measures or security systems intended to protect public
and private property from an act of terrorism. The Texas Disaster Act specifically
requires that a tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local_ meetings to discuss emergency. management plans
regarding pipeline safety. The City Council may discuss emergency management plans
involving pipeline safety and/or security of pipeline infrastructures or facilities when
those plans or discussions contain such sensitive information.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork