FINAL AgendaREGULAR CITY COUNCIL MEETING
September 18, 2007
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 to 6:00 p.m.
1. Call to order.
2. Invocation: Tom Pennington, Chaplain of the Month
3. Discuss all items on tonight’s meeting agenda.
REGULAR SESSION: 6:00 p.m. or immediately following the work session
1. Call to Order
2A. Executive Session
2B. Reconvene / Action necessary from Executive Session
3A. Mayor’s Report
3B. City Manager’s Report
3C. Financial Report
CONSENT AGENDA:
4A. Approve the minutes from the August 28, 2007, special City Council meeting and from the September 4, 2007, regular City Council meeting.
4B. Award construction bid to WHF Electrical Contractors for $55,500 for electrical modifications to Shady Lane and Lonesome Dove Lift Stations to provide for the use of a backup
power generator.
4C. Ordinance No. 635-B, 1st Reading, Amending Ch. 2, Article VI, Code of Ethics and Conduct of the Southlake City Code to amend Section 2-265 Disclosure of Interest to comply with
Ch. 176 of the Texas Local Government Code.
4D. Resolution No. 07-053, Annual Review of Investment Policy and Investment Strategies.
4E. Resolution No. 07-055, Deny the request of Atmos Energy Corp. for an annual gas reliability infrastructure program (GRIP) rate increase for this municipality, as part of the company’s
statewide gas utility distribution system; supporting statutory reform of the Texas GRIP Statute, finding that the meeting at which the resolution is passed is open to the public; and
providing for notice of this resolution at Atmos Energy Corp. and the City’s legislative delegation.
4F. Ordinance No. 699-A, 1st Reading, Repeal Ordinance No. 699 and amend the City of Southlake’s Cross Connection Ordinance.
4G. Ordinance No. 914, 1st Reading, Adopt regulations regarding the generation, transportation and disposal of liquid waste in the City of Southlake.
4H. Ordinance No. 480-LLL, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning
District. THIS ITEM HAS BEEN TABLED TO THE OCTOBER 2, 2007, CITY COUNCIL MEETING.
4I. Ordinance No. 480-492, 1st Reading (ZA06-045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates. The property is at 1275 Shady Oaks Dr. with access through 520 W. Highland
St. Current Zoning: RE. Requested Zoning: SF-1A. SPIN #11. THIS ITEM HAS BEEN ADMINISTRATIVELY TABLED TO THE OCTOBER 2, 2007, CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum
6A. Ordinance No. 915, 2nd Reading, Annual budget for FY 2008 and revised budget figures for FY 2007 and multi-year CIP. SECOND PUBLIC HEARING
6B. Ordinance No. 916, 2nd Reading, Tax Levy Ordinance. SECOND PUBLIC HEARING
6C. Ordinance No. 913, 2nd Reading, Affecting participation of city employees in the Texas Municipal Retirement System (TMRS), granting the additional rights authorized by Section 854.202(g)
of Title 8, Texas Government Code – adopting a 20-year / any age service retirement option; and prescribing an effective date. PUBLIC HEARING
6D. Ordinance No. 480-530, 2nd Reading (ZA07-080), Zoning Change and Concept Plan for 1090 Primrose Ln. being Tract 2C2, A.H. Chivers Survey, Abstract No. 299 located at 1090 Primrose
Ln. Current Zoning: AG. Requested Zoning: SF-30. SPIN #5. PUBLIC HEARING
6E. Ordinance No. 480-531, 2nd Reading (ZA07-085), Zoning Change and Concept Plan for Shady Oaks being approx. 96.3 acres on the west side of the 800-1100 blocks of Shady Oaks Dr. and
on the east side of the 1000-1200 blocks of N. Peytonville Ave., including 820, 910, 1020 Shady Oaks Dr. and 985, 1005, and 1125 N. Peytonville Ave. Current Zoning: AG. Requested Zoning:
SF-20A. SPIN #13. PUBLIC HEARING
6F. ZA07-086, Preliminary Plat for Shady Oaks being approx. 96.3 acres on the west side of the 800-1100 blocks of Shady Oaks Dr. and on the east side of the 1000-1200 blocks of North
Peytonville Ave. Including properties at 985, 1005 and 1125 N. Peytonville Ave. and 820, 910, 1020 Shady Oaks Dr. Current Zoning: AG. Requested Zoning: SF-20A. SPIN #13.
6G. Resolution No. 07-057, CP07-003, Comprehensive Land Use Plan Amendment for South Village at Watermere, being approx. 33.72 acres at 2271 Union Church Rd. The current underlying
land use designation is Public/Semi-Public and the proposed underlying land use designation is Medium Density Residential. SPIN #15. PUBLIC HEARING
6H. Ordinance No. 480-476a, 2nd Reading (ZA07-097) Zoning Change and Concept Plan for South Village at Watermere on Tracts 4F, 4F1, 5A1b, 6A1 and 6B4 and a portion of Tracts 4D, 4G,
and 6A, J.G. Allen Survey, Abstract No. 18 located at 2271 Union Church Rd., 2811, 2809, 2815, 2801 W. Southlake Blvd. and 2477 and 2451 Union Church Rd. Current Zoning: AG. Requested
Zoning: S-P2. SPIN #15. PUBLIC HEARING
6I. Ordinance No. 480-532, 2nd Reading (ZA07-098), Zoning Change and Development Plan for South Village at Watermere on Tract 4C and 6A2 and a portion of Tracts 4D and 6A, J.G. Allen
Survey, Abstract No. 18 located at 2271 and 2451 Union Church Rd. Current Zoning: AG. Requested Zoning: R-PUD. SPIN #15. PUBLIC HEARING
6J. ZA07-099, Preliminary Plat for South Village at Watermere on property described as Tracts 4C, 4D, 6A2 and a portion of 6A, J.G. Allen Survey, Abstract No. 18 located at 2271 and
2451 Union Church Rd. Current Zoning: AG. Proposed Zoning: S-P-2. SPIN #15.
7A. Ordinance No. 480-533, 1st Reading (ZA06-160), Zoning Change and Site Plan for Offices of K. Wayne Lee on Tracts 4A14 and 4A20, J.G. Allen Survey, Abstract No. 18 located at 3220
W. Southlake Blvd. Current Zoning: AG and R-PUD. Requested Zoning: S-P-1. SPIN #15.
7B. Ordinance No. 480-187a, 1st Reading (ZA07-090, Zoning Change and Site Plan for Sports Complex on Lot 2R, Block B, Commerce Business Park Addition located at 280 Commerce St. Current
Zoning: S-P-1. Requested Zoning: S-P-1. SPIN #7.
7C. Ordinance No. 480-RRR, 1st Reading, Amend the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Oil and Gas Drilling and Production and discuss an amendment to
the City’s Master Plan as it pertains to Oil and Gas Drilling and Production.
7D. Ordinance No. 880-A, 1st Reading, Amend Sect. 9.5, Article IV of the Southlake City Code regarding Gas and Oil Well Drilling Production.
8. There are no items on this agenda.
9A. Consider SP07-275, Variance to the Gateway Plaza Phase II (Wyndham Plaza) Conditional Sign Permit for Michael Anthony’s at 2750 E. Southlake Blvd. Ste 140.
9B. Consider SP07-290, Variance to the Jellico Square Conditional Sign Permit for Noble Roman’s Pizza and Tuscano’s Subs at 250 Randol Mill Ave., Ste 140.
10. There are no items on this agenda.
11. Meeting adjourned.
Item 4B Award construction bid to WHF Electrical Contractors for $55,500.00 for electrical modifications to Shady Lane and Lonesome Dove lift stations to provide for the use of a backup
power generator
Award construction bid to WHF Electrical Contractors
Purpose:
City operates 12 Sanitary Sewer Lift Stations
Emergency operation of 10 of these stations is provided by portable pumping equipment
Two largest stations - only viable backup operation is through a backup power supply
Award construction bid to WHF Electrical Contractors
Process:
May 1, 2007 - Council awarded a bid to purchase a trailer-mounted backup power generator
Subsequently, bids were solicited for the necessary modifications at the two large lift stations to make use of the portable backup generator
Four bids were received on August 28, 2007
Award construction bid to WHF Electrical Contractors
RECOMMENDATION:
Award construction bid to WHF Electrical Contractors for the lump sum price of $55,500 for electrical modifications to Shady Lane and Lonesome Dove lift stations to provide for the use
of a backup power generator
Award construction bid to WHF Electrical Contractors
Funding:
Funding for the completion of this project is being carried over from the FY 07 operating budget
FY 08 Utility Fund Operating budget
Wastewater Division
Award construction bid to WHF Electrical Contractors
Questions?
ITEM 4C Ordinance No. 635-B 1st Reading: Amending Chapter 2, Article VI, Code of Ethics and Conduct of the Southlake City Code to amend Section 2-265, Disclosure of Interest
Background
Chapter 176 of Texas LGC
Requires disclosure of certain business relationships
Extended by City Council to advisory board members, employees
2007 revisions to Chapter 176
Clarified ambiguities and resolved problems with previous law.
Chapter 171 defines “conflicts of interest” and “substantial interest”
Requirements for abstention from discussion and voting
Ordinance No 635 does not change
Proposed Revisions
Changes to reflect applicability of law to City Council members and city manager;
Added para. F and G, Section 4.0 “Disclosure of Interest”
Provides for similar disclosure of interest by advisory board members and employees
Proposed Revisions
Sets threshold income level of $2,500 (excl. investment income) in preceding 12-month period;
Exempts gifts from family members and gifts as political contributions from $250 limit in preceding 12-month period.
Ordinance No. 635-B, Code of Ethics and Conduct
City Secretary retains responsibility for statements of council members and advisory board members;
Human Resources responsible for employee statements.
Staff recommends Approval.
QUESTIONS? Contact Kevin Hugman at (817) 748-8193
Item 4D Resolution 07-053 Annual Review of Investment Policy and Strategies
September 18, 2007
Purpose of Review
Public Funds Investment Act Section 2256
Requires the governing body review its policy and strategies annually (last review June 2006)
Resolution No. 07-053
City staff and financial advisor have reviewed the investment policy against the Public Funds Investment Act and have not identified any necessary changes to the investment policy.
Investment Strategy
Operating funds
First objective is to assure that anticipated cash flows are matched with adequate investment liquidity.
Second objective is to create a portfolio structure which will experience minimal volatility during economic cycles.
Investment Strategy
Debt service funds
Primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date.
Investment Strategy
Special projects, special purpose, or construction fund
Primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity.
Investment Authority
The Finance Director and Deputy Director-Administration are designated as Investment Officer(s) of the City and are responsible for investment decisions and activities.
City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, which could impair the
ability to make impartial investment decisions
Investment Objectives
Safety
Liquidity
Yield
Public Trust
QUESTIONS? Please contact Sharen Jackson 817.748.8042
Item 4E Resolution No. 07-055 Denying the request of Atmos Energy Corp.
September 18, 2007
Background
Gas Reliability Infrastructure Program (GRIP)
Texas Legislature in 2003 enacted GRIP statute;
Encourage gas utilities to invest in their systems to ensure system safety;
Surcharge request cannot become effective until 60 days following filing;
Effective date may be suspended by a city;
Atmos GRIP surcharge request
Monthly surcharge
Residential customers $0.59;
Commercial customers $1.47;
Industrial customers $28.74;
Resolution No. 07-055
Denies the GRIP rate request;
Provides for an immediate effective date;
States the City’s support for legislative reform of the GRIP statute;
Request City’s legislative delegation to support GRIP reform in the 81st Regular Session;
QUESTIONS? Please contact Sharen Jackson 817.748.8042
Item 4F Ordinance No. 699- A 1st Reading- Repeal Ordinance 699 and Amending the City of Southlake Cross Connection Ordinance
Ordinance No. 699-A, Cross Connection Control
Purpose:
Section 290, Regulations for Public Water Systems requires the identification and isolation of cross connections to drinking water systems
Ordinance 699 adopted by Southlake in 1998 meets that intention
does not adequately address annual testing requirements
Ordinance No. 699-A, Cross Connection Control
Process:
Ord. No. 699-A proposes the following:
All backflow assemblies tested on initial installation by registered individuals
Annual Testing - All assemblies isolating connections deemed by TCEQ which pose a health hazard
Assemblies failing annual test be repaired/replace
Annual testing records will be maintained by the City
Ordinance No. 699-A, Cross Connection Control
RECOMMENDATION:
Approve Ordinance No. 699-A, 1st Reading, Repeal Ordinance 699 and Amend the City of Southlake Cross Connection Ordinance
Ordinance No. 699-A, Cross Connection Control
Questions?
Item 4G Ordinance No. 914 1st Reading Adopt regulations regarding the generation, transportation and disposal of liquid waste in the City of Southlake.
Ordinance No. 914, Liquid Waste Regulation
Purpose:
EPA estimates that 42% of sanitary sewer overflows result from pipe blockages caused by grease
House Bill 1979, adopted in 2003 is intended to address grease accumulation in sewer systems
Ordinance No. 914, Liquid Waste Regulation
Process:
Ord. No. 914 proposes the following:
Permit required for each liquid waste hauling vehicle
Manifests required for collection, transport, and disposal
90/180-Day service frequency required for grease traps
Ordinance No. 914, Liquid Waste Regulation
RECOMMENDATION:
Approve Ordinance No. 914 on 1st reading, adopt regulations regarding the generation, transportation and disposal of liquid waste in the City of Southlake
Ordinance No. 914, 1st Reading
Questions?
Item 6A Ordinance 915 FY 2008 Proposed Budget September 18, 2007
City of Southlake
Strong Values. Strong Results.
Overview of FY 2008 Proposed Budget
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Structurally balanced budget
Healthy revenue growth
Accomplishes priorities without tax rate or utility rate increases and maintains optimum fund balance
Provides for pay-as-you-go (cash) funding for important capital and other projects, including technology; and
Workforce additions
Future financial condition
All Funds Summary
(Expenditures)
General Fund
$29,641,168
Strategic Initiative Fund
$1,920,000
Vehicle Replacement
Fund
$955,500
Crime Control
District Fund
$298,605
SPDC Fund
$2,380,389
Utility Fund
$19,306,186
Debt Service Fund
$7,264,834
Other Revenue Funds
(Reforestation, Bicentennial
Concessions, Park Dedication,
Hotel Occupancy, Library,
Recycling, Court Funds
& TIF Operating)
$970,035
Total
Expenditures
$63,427,902
Stormwater Fund
$691,185
Capital Budget FY 2008
Integrity Innovation Accountability Commitment to Excellence Teamwork
FY2008 Capital Budget by Project Type
Integrity Innovation Accountability Commitment to Excellence Teamwork
Questions?
Healthy Revenue Growth
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
General Fund = 10.3%
Utility Fund = 6.6%
Other Revenue Funds
Park purposes
Crime control
Court security & technology
Tax Increment Reinvestment Zone
Library, reforestation, recycling
Vehicle replacement
New sources of revenue
Stormwater Utility
Hotel Occupancy Tax
Workforce Additions
General Fund
Police Officers (3)
Chief Const. Inspector
Librarian
Accountant
Training & Safety Coordinator
Accounting Asst.
Other Funds
Construction Manager
Crew Leader
Utility Workers (2)
Utility Technician
Multi-Year Perspective
Integrity Innovation Accountability Commitment to Excellence Teamwork
GENERAL FUND REQUESTS
FY2008 CAPITAL BUDGET – ROADS
FY2008 CAPITAL BUDGET – ROADS
ROADWAY IMPACT FEE FUND REQUESTS
Total Roads = $7,550,000
FY2008 CAPITAL BUDGET – WATER & SEWER
WATER
SEWER
Total Water & Sewer = $6,120,000
FY2008 CAPITAL BUDGET – TRAILS & PARKS
TRAILS
PARKS
Total = $2,455,000
FY2008 CAPITAL BUDGET – OTHER
Total Facilities = $11,848,000
FACILITIES
Total Stormwater = $2,500,000
STORMWATER
Questions?
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 6B Ordinance 916 Tax Levy September 18 2007
City of Southlake
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Ordinance
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Formally sets tax rate at $.462 per $100
No tax rate increase
.31958 for general operations of the city
.14242 for debt services requirements
Rate exceeds effective tax rate and increases tax revenue
“I move that property taxes be increased by the adoption of a tax rate of .462.”
Questions?
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
ITEM 6C Ordinance No. 913 2nd Reading: Affecting participation of city employees in the Texas Municipal Retirement System (TMRS) – adopting a 20-year/any age service retirement option;
and prescribing an effective date.
Background
Qualified retirement plan under IRS Code, section 401
Established under Texas Government Code
Plan is city specific within general framework
Service retirement option:
Any age with at least 20 / 25* years of service.
*(Southlake at higher service requirement)
Background
Supports Strategic Objective L3: Attract, develop and retain a skilled workforce
Benchmark group: only one other city requires 25 years of service
Dallas region: 7 of 32 cities* require 25 years
Fort Worth region: 2 of 26 cities* require 25 years
*(cities with 100 or more employees)
Cost of implementation for FY 2008: $43,063
20-year rate 0.29%
TMRS total rate 12.71%
Effects of changing from 25 years to 20 years
Personnel
Other cities experience:
TMRS: actual less than predicted; rates reduced 50% three years after 1996 adoption
Effects of changing from 25 years to 20 years
Cost
TMRS: Southlake historical data suggests minimal future impact
Ordinance No. 913
Adopts 20-year service retirement as provided under Title 8, Texas Government Code
Item 6D ZA07-080
OWNER: Jerry Mills
APPLICANT: Tri-Tech DFW Surveying
REQUEST: Approval of second reading for a Zoning Change and Concept Plan from “AG” Agricultural District to “SF-30” Single Family Residential District for the development of one residential
lot of 0.94 acre.
LOCATION: The property is located at 1090 Primrose Ln.
Primrose Lane
N. Carroll Ave
View looking south towards property
Primrose Lane
Item 6D ZA07-080
Overall Site Data
Gross Acreage: 1.00 acres
Net Acreage: 0.94 acres
Area of R.O.W.: 0.06 acres
Number of Lots: 1 lots
Gross Density: 1.00 du/acre
Net Density: 1.06 du/acre
Avg. Lot Size: 0.94 acres (41,000 sq. ft.)
Concept Plan
Concept Plan
Item 6D ZA07-080
P&Z ACTION: August 23, 2007; Approved (6-0) subject to Concept Plan Review Summary No. 2, dated August 17, 2007; granting the requested variances.
COUNCIL ACTION: September 4, 2007; Approved first reading on consent.
Questions?
Public Works Presentation
Items 6E & 6F ZA07-085 & ZA07-086
OWNER: Terra Shady Oaks
APPLICANT: Sage Group
REQUEST: Approval of second reading for a zoning change and concept plan from "AG" Agricultural District to "SF-20A" Single Family Residential District. The plan proposes the development
of 136 single-family residential lots and 18 open space lots on approximately 96.3 acres.
Approval of a preliminary plat for Shady Oaks
LOCATION: The property is located at 820 Shady Oaks Drive.
Required C2U
(60’ R-O-W)
W. Highland St.
Shady Oaks Dr
N. Peytonville Ave
Southridge Lakes Pkwy
Coventry
Southridge Lakes
Raven Bend
Cross
Timber
Hills
Sandlin Manor
View looking east toward property
View looking west toward property
Views looking across Shady Oaks Dr
Views looking across N. Peytonville Ave
Items 6E & 6F ZA07-085 & ZA07-086
Overall Site Data
1st Plan 2nd Plan
Gross Acreage: 96.3 acres 96.3 acres
Net Acreage: 78.8 acres 82.3 acres
Area of R.O.W.: 17.5 acres 14.0 acres
Number of Lots: 149 lots 154 lots
- 136 single family - 136 single family
- 13 open space - 18 open space
Open Space: 5.48 acres (5.69%) 8.77 acres (9.11%)
Gross Density: 1.41 du/acre 1.41 du/acre
Net Density: 1.73 du/acre 1.65 du/acre
Avg. Lot Size: 0.54 acres 0.54 acres
(23,484 sq. ft.) (23,551 sq. ft.)
Previously Proposed Concept Plan
Previously Proposed Tree Conservation Plan
Revised Concept Plan
Redesigned plan to
eliminate all
cul-de-sac streets
Increased the open
space area by ±3.29
acres (3.42% increase)
Revised Tree Conservation Plan
Increased tree preservation
of 75 trees (from 71% to 83%)
Area of desired preservation
Per the City’s ERP Map
Revised Tree Conservation Plan
Increased tree preservation
of 75 trees (from 71% to 83%)
Variances
The following variances are requested:
1) Allow a minimum 40’ ROW instead of a 50’ ROW for the local residential streets is requested. Allow a minimum of 30’ ROW on the one-way streets. The collector street will remain
at a minimum 60’ ROW.
Allow the collector street geometry as proposed having a minimum 90’ radius with no tangents. A minimum 400’ CL radius and minimum 50’ tangent lengths is required for 2 lane collector
streets.
3) Relief from the 40’ driveway to driveway center line spacing requirement and the 50’ driveway to intersection spacing requirement along the collector road.
Allow minimum 20’ side yard setback adjacent to the street on corner lots rather than a full front yard setback of 35’. Lots included are Lots 1, 8, 10, Block 2; Lot 9, Block 3; Lots
1 & 10 Block 4; Lots 1 & 10 Block 5; Lots 6 & 7 Block 6; and Lots 5 &7 Block 7.
5) Minimum relief from the 125’ rear lot width requirement is requested on Lots 5, 6, 8-10, Block 1 and Lots 3, 11 and 12, Block 3.
Revised Concept Plan
Proposed “Collector” does not meet street geometry requirements
for collector roadways
* Minimum 400’ radius required
* Minimum 50’ tangent length required
40’ ROW
40’ ROW
Allow a Minimum 20’ Side Yard Setback Adjacent to the Street
Lot Width Variance Request
95’
Carroll ISD Involvement
CISD’s 2007 Demographics Report projected 52 developed lots on this property by 2011 and 178 lots by 2016
* Estimate based on 136 units and district-wide average student-to-household ratio
(0.88 students per household) and district-wide average distribution of student age
(35% for Elementary students, 16% for Intermediate students).
Estimated Development Impact on Durham
Traffic Impact Analysis
New Collector at Build-Out
Additional Requirements from the 1st Reading
Collector street B and C to be built with Phase II.
Build a 8’ multi-use trail from Shady Oaks to Peytonville
Build a 6’ sidewalk along Shady Oaks and Peytonville adjacent to this project.
Build a 6’ sidewalk along the west edge of Ravenbend, connecting the sidewalks of Southridge Lakes to Shady Oaks
All applicable conditions and requirements will be incorporated as part of the concept plan and developers agreement.
Perimeter walls and fencing per the presentation and attached plan
Interior 6’ stone walls along street A per the presentation attached plan
Interior fencing per the corner lot fencing plan
Pedestrian amenities shall be provided.
Items 6E & 6F ZA07-085 & ZA07-086
P&Z ACTION: August 23, 2007; Approved (5-1) subject to Concept Plan Review Summary No. 3, dated August 17, 2007; granting the requested variances.
August 23, 2007; Approved (5-1) subject to review
COUNCIL ACTION: September 4, 2007; Approved (7-0) on first reading subject to:
Sidewalks tied in to exterior of the subdivision as presented by the applicant
Subject to developer’s presentation
Perimeter walls as presented
Last lot on Street A – transition for wall by next meeting (Applicant to present)
Connector street to be built with phase 2
Interior fencing – wrought iron
Fencing on blk 7 lot 5, 6, 7 and all such lots by next meeting (Applicant to present)
Developer’s agreement details to be worked out between developer and staff to be approved by Council
Granting requested variances (40’ r-o-w, geometric design standards, side yard setback)
Subject to Concept Plan review summary
Previously Proposed Preliminary Plat
PRELIMINARY PLAT
Questions?
Public Works Presentation
Previously Submitted Utility Plan
Previously Submitted Drainage Plan
Concept Plan
Tree Survey
Items 6G, 6H, 6I, & 6J CP07-003, ZA07-097, -098, & -099
OWNER/
APPLICANT: Keller Watermere, L.P. & Southlake Watermark Holdings, L.P.
REQUEST: 1) Approval of Comprehensive Plan Amendment from Public/Semi-Public to Medium Density Residential.
2) Approval of a Zoning Change and Concept Plan from “AG” Agricultural District to “S-P-2” Generalized Site Plan District for the South Village at Watermere. The plan proposes 28 cottage
(independent living) units on approximately 4 acres.
3) Approval of a Zoning Change and Development Plan from “AG” Agricultural District & “S-P-2” Generalized Site Plan District to “R-PUD” Residential Planned Unit Development District.
The plan proposes 54 single-family residential detached lots and 6 open space lots on approximately 30 acres.
4) Approval of a preliminary plat for the South Village at Watermere. The plan proposes 54 single family residential lots, one (1) multi-family lot, and six (6) open space lots on
approximately 33.72 acres
LOCATION: The property is located at 2271 Union Church Rd, 2811 W Southlake Blvd, 2809 W Southlake Blvd, 2815 W Southlake Blvd, 2801 W Southlake Blvd, 2477 Union Church Rd, 2451 Union
Church Rd.
Proposed LUP Amendment
From Public/Semi Public (Blue) to
Medium Density Residential (Orange)
Original SP-2
New zoning
change request
Comprehensive Plan Amendment Exhibit
Recommended Land Use Mix
In the Medium Density Residential designation, the Consolidated Land Use Plan recommends the following mix of uses:
Reasons for Comprehensive Plan Amendment
Applicant’s Land Use Mix
Original SP-2
New SP-2
boundary
New PUD
Overall Concept Plan
Concept Plan
Area added to “S-P-2” zoning
Area of “R-PUD” zoning
ZA07-097 to Follow Existing Watermere “S-P-2” zoning with the following exception: Phase 2 Cottage (4-plex) Materials
ZA07-098
The “R-PUD” zoning proposes to comply with the “SF-20A” Single Family Residential District permitted uses and development regulations with the following exceptions:
Min. Lot Size: 9,800 square feet
Min. Lot Width: 70 feet at the front building line
Min. Lot Depth: 130 feet
Min. Floor Area: 2,500 square feet
Min. Front Yard: 25 feet
Min. Side Yard: 7 feet;
15 feet for corner lot adjacent to street
Min. Rear Yard: 25 feet for exterior lots;
20 feet for interior lots
Max. Lot Coverage: 60% (Variance from 30% allowed)
Min. Garage Setback: 25 feet forward facing;
20 feet swing
ZA07-097 & ZA07-098
Overall Site Data
Original S-P-2 New S-P-2 R-PUD Total
Gross Acreage: 33.53 ac ±36 acres ±30 acres 65.53 acres
Cottages (Villas) 85 units 113 units (+28) --- units 113 units
Condos 152 units 152 units --- units 152 units
Personal Care 60 units 60 units --- units 60 units
Memory/Nursing 40 units 40 units --- units 40 units
Residential (Detached) --- lots --- lots 54 lots 54 lots
337 units 365 units 54 lots 419 units/lots
Density: 10.06 du/acre 10.2 du/acre 1.79 du/acre 6.39 du/acre
Open Space: 16.77 ac 16.44 ac 9.52 ac 25.96 ac
Open Space %: 50% 46% 32% 40%
Color Concept Plan
Color Concept Plan – Amenities Center
Color Concept Plan
Color Concept Plan
Color Concept Plan
Overall
Fence Plan
Items 6G, 6H, 6I, & 6J CP07-003, ZA07-097, -098 & -099
P&Z ACTION: CP07-003: August 23, 2007; Approved (6-0) subject to the staff report as presented.
ZA07-097: August 23, 2007; Approved (6-0) subject to Concept Plan Review Summary No. 1, dated August 17, 2007.
ZA07-098: August 23, 2007; Approved (6-0) subject to Development Plan Review Summary No. 1, dated August 17, 2007; granting the requested variance.
ZA07-099: August 23, 2007; Approved (6-0) subject to Plat Review Summary No. 1, dated August 17, 2007; granting the requested variance.
Items 6H & 6I ZA07-097 & ZA07-098
COUNCIL ACTION:
ZA07-097: September 4, 2007; Approved first reading (6-1) expanding the first phase and taking 2 acres; Approved subject to P&Z
ZA07-098: September 4, 2007; Approved first reading (6-1) Applicant has agreed to match the side elevations with 85% masonry and rear as presented; Age restriction – 55;
Subject to applicant’s presentation;
Renderings of parking in front of tennis courts and open space along Union Church; Renderings on gates to be used; Approving variances requested; 4 trees per lot; and,
Subject to P&Z motion
Items 6H & 6I ZA07-097 & ZA07-098
City Council requested the applicant to address the following items
at the second reading:
Concept Plan
Questions?
Proposed LUP Amendment
From Public/Semi Public (Blue) to
Medium Density Residential (Orange)
Original SP-2
New zoning
change request
View looking west toward property
View looking east toward property
View looking north toward property
Union Church Rd
Previously Approved Concept Plan
Pedestrian Access Plan
8 ft sidewalk
6 ft sidewalk
5 ft sidewalk
Landscape Plan
Tree Conservation Analysis
Concept Plan
New area of “S-P-2” zoning
ZA07-097
Current Zoning: Proposed Zoning:
Gross/Net Acreage: 33.53 acres ± 36 acres
# of units:
-Cottages (Villas) 85 units 113 units
-Condos (Retirement Res.) 152 units 152 units
-Personal Care 60 units 60 units
-Memory/Nursing 40 units 40 units
337 units 365 units
Density: 10 du/acre 10.2 du/acre
The development will follow all regulations and design criteria of the currently approved Watermere project.
ZA07-097 (Additional SP-2 Area)
Overall Site Data
Gross Acreage: ±4 acres
Net Acreage: ±4 acres
Number of Lots: 1 lot
Number of structures: 7 four-unit structures
Number of Units: 28 cottages (single family attached)
Parking Required: 28 spaces (1 space per unit)
Parking Provided: 28 spaces
Open Space: ±35% (1.4 acres)
Impervious Cover: ±65% (2.3 acres)
Conceptual Cottage (4-plex) Elevation
Conceptual Cottage (4-plex) Elevation
Conceptual Cottage (4-plex) Elevation
Cottage Elevations (under construction in Phase 1)
Cottage Elevations (under construction in Phase 1)
Cottage Elevations (under construction in Phase 1)
ZA07-098
“R-PUD” Site Data
Gross Acreage: 30.1 acres
Net Acreage: ±28.2 acres
Number of Lots: 62 lots
- 54 single family (detached)
- 6 open space
- 2 private street
Open Space: 9.52 acres (32%)
Gross Density: 1.79 du/acre
Net Density: 1.91 du/acre
Avg. Lot Size: 0.38 acres (16,600 sq. ft.)
Concept Plan
Area of “R-PUD” zoning
Concept Plan
Area of “R-PUD” zoning
Requesting variance to street frontage requirement.
The applicant is requesting that all lots front on a
common access easement (private street)
Conceptual Single Family Detached Elevation
Conceptual Single Family Detached Elevations
Preliminary Plat
View from Southlake Boulevard
View from Southlake Boulevard
View from Lakeside Presbyterian
View from Lakeside Presbyterian
View from Union Church
View of Union Church at the Watermere Site
View of Union Church at the Watermere Site
View of Union Church at the Watermere Site
View of Union Church at the Watermere Site
Public Works Presentation
Preliminary Utility Plan
Preliminary Drainage Plan
Questions?
ZA07-097 & ZA07-098 (SP-2)
Item 7A ZA06-160
OWNER/
APPLICANT: K. Wayne Lee
REQUEST: Approval of first reading for a zoning change and site plan from "AG" Agricultural District and "R-PUD" Residential Planned Unit Development District to "S-P-1" Detailed Site
Plan District with "O-1" Office District Uses.
LOCATION: The property is located at 3220 W Southlake Boulevard.
S. Pearson Lane
W. Southlake Blvd
View looking south towards property
W. Southlake Blvd
Pearson Lane
View looking west towards property
Primrose Lane
Item 7A ZA06-160
The “S-P-1” zoning proposes to comply with the “O-1” Office District permitted uses and development regulations with the following exceptions:
Front Yard: There shall be a front yard of not less than twenty three (23) feet.
Maximum Impervious Coverage: The maximum impervious coverage shall not exceed eighty-three (83%) percent of the total lot area as it currently exists.
Bufferyards shall not be required due to existing site conditions.
Building shall be permitted to exist as currently constructed, but shall be permitted to be improved in accordance with the attached architectural rendering.
Item 7A ZA06-160
Overall Site Data
Gross/Net Acreage: 0.85 acres
Number of Lots: 1 lot
Building Area: 7,529 sq. ft. (general office)
Parking Required: 30 spaces
Parking Provided: 37 spaces
Open Space: ±17% (6,275 sq. ft.)
Impervious Cover: ±83% (30,637 sq. ft.)
Site Plan
Future Exterior Alterations
Historical Photograph
Existing Building Façade
Existing Building Façade
New Parking Area
Other Photos
Item 7A ZA06-160
P&Z ACTION: September 6, 2007; Approved (5-0) subject to Site Plan Review Summary No. 2, dated August 31, 2007; removing architectural rendering; remove front parking spaces except handicapped
spot, replace with landscaping and irrigation; move dumpster to southeast corner; accepting applicant’s willingness to plant off-site trees and shrubs along the northern 10’ boundary
of Chesapeake Place adjacent to this site if agreed by homeowners.
Questions?
Public Works Presentation
Questions?
Item 7B ZA07-090
OWNER: James R. Stacy
APPLICANT: Blake Architects
REQUEST: Approval of first reading for a zoning change and site plan from “S-P-1” Detailed Site Plan District to “S-P-1” Detailed Site Plan District with “I-1” Light Industrial District
uses to include retail furniture sales (as currently exists) and indoor entertainment uses.
LOCATION: The property is located at 280 Commerce Street.
View looking east toward site
Site
View looking north toward site
Site
View looking west toward site
Site
Item 7B ZA07-090
The “S-P-1” regulations for development propose the following:
1) “I-1” Light Industrial District uses to include retail furniture sales (as currently exists) and indoor entertainment uses, specifically being the children's’ bounce house and play
care areas as depicted on the attached site plan exhibits;
2) Parking requirements as depicted on the attached site plan, as approved, which is approximately ratio of 1 space per 538 square feet for all permitted uses;
Bufferyards for the majority of the north, west and south property lines shall not be required due to existing pavement. Plantings are proposed in accordance with the attached landscape
plan.
Impervious coverage to be permitted as currently exists (90%)
Item 7B ZA06-189
Site Data
Gross/Net Acreage: 4.15 acres
Number of Buildings: 1 commercial industrial building
Square Footage: 79,703 square feet
Parking Required: 154 spaces (1 space per 538 sq. ft.)
Parking Provided: 154 spaces
Open Space: 17,803 square feet (10%)
Impervious Cover: 163,023 square feet (90%)
Site Plan
- Parking spaces to be removed
Building Elevations
Landscape Plan
Floor Plan – 1st Floor
Floor Plan – 2nd Floor
Business located in Valencia, California
Gymnastics
Dance
Item 7B ZA07-090
P&Z ACTION: September 6, 2007; Approved (4-0) removing 10 parking spaces as shown on mark up.
Questions?
Public Works Presentation
Gas & Oil Well Drilling
CP 07-005 (Discussion Only)
Ordinance 480-RRR (1st Reading)
Ordinance 880-A (1st Reading)
Background
City adopted zoning and city code ordinance amendments in October of 2004 (Based on the Ft. Worth Model) to address oil and gas drilling that included
SUP requirement
Gas well permit required to meet the technical standards
Road Repair Agreement
Basis for the Revisions
Provide a framework through the City’s Comprehensive Plan to evaluate SUP requests.
Provide reasonable access to mineral resources while minimizing impact on adjacent land uses and environmental resources.
Current Process
Zoning Ordinance
Amendment 480-YY
Amended the SUP section to allow operations in the I-2 district & provide specific regulations for operations.
City Code Amendment
Addresses technical
operations and maintenance
standards such as emergency
processes, security,
environmental protection,
insurance, requirements, etc.
Proposed Changes
Amendment to the Land Use Plan to establish “A policy on natural resource protection” and site design standards for Gas Drilling and Production sites as appendices to the plan
Amendment to the city’s Zoning Ordinance
Amendment to the City Code
Comprehensive Plan Approach to Oil & Gas Drilling
Southlake 2025 Plan
Provides rational nexus for the following:
Location
Operation
Permit Issuance.
Specific Use Permit (All non-residential districts)
Evaluation
Criteria
Oil & Gas Ordinance/
Road Repair Agreement
Permit
Land Use Plan Amendment
Establishes overarching policies on natural resource extraction within the framework of the city’s Comprehensive Plan (Appendix C)
Establishes site design standards for drilling and production pad sites (Appendix C-1)
Land Use Plan Amendment
Street or Highway Access
Minimize impacts on surrounding properties
Minimize impact on natural features (Environmental Resources Map)
Demonstrate coordination between the surface owner and mineral estate owner.
Reclamation Techniques
Site Design Standards (Appendix C-1)
Standards for “High Visibility” and “Low Visibility” Sites with respect to fencing and landscaping
Standards to be met during drilling and during production
Hardscape
Fencing & Gates
Landscaping
Color
Access driveways
Fencing and Landscaping
High Visibility Sites
Adjacent to and visible from major roadways, existing commercial and residential development
Have availability of water for irrigation purposes
Masonry or a combination of masonry and wrought iron
Low Visibility Sites (8’ articulated masonry wall with gate)
Not adjacent to existing development
Limited availability of water for irrigation purposes
Ordinance 480-RRR
Gas Drilling & Production allowed in all Non-Residential Zoning Districts with a Specific Use Permit (SUP)
Additional submittal requirements include:
Indicate all existing and future easements
Pooled area
Demonstrate compliance with the Natural Resource Extraction Policy in the land use plan (Appendix C)
Compliance with fencing and site design standards in Appendix C-1 of the Land Use Plan
480-RRR
P&Z ACTION: September 6, 2007; Approved (6-0) subject to a minimum 600’ distance from all structures; permitted in all zoning districts; provide more information/recommendations regarding
distance criteria.
Ordinance 880-A Revisions
Application Fee ($15,000 – Gas & Oil Permit); ($5,000 for SUP); and ($7,500 balance);
Residential Distance Setback (Currently 600’-Propose 1,000’);
Public Building Distance Setback (Currently 1,000’-Propose 1,500’);
8’ Masonry Wall consistent with the conditions of the SUP;
Noise – Determine pre-drilling ambient level;
Prohibiting combustion engines;
Type of system (Closed loop);
Pipeline location (New construction, mapping)
Questions?
Current Ordinance
Potential Area Available = 576 acres (approx.)
Option 1
Potential Area Available = 176 acres (approx.)
Option 2
Potential Area Available = 131 acres (approx.)
Seek Advice from the Attorney Regarding Possible Updates to the Oil & Gas Regulations
Oil & Gas Drilling Ordinance
At the June 6, 2007 City Council meeting staff presented responses to Mayor Pro Tem Carolyn Morris questions and presented the distance requirement analysis.
Technical Questions
Oil and gas production lines can not exceed 100 psi and be buried 6’ depth.
No open flow testing is allowed.
All well lines must be equipped with high/low pressure shut off valves.
Each producing well must be equipped with a down hole shut-off valve storm choke.
Other Questions
Continue to require access to wells and drill sites must be from state or federal highways?
Continue to require I-2 zoning?
Increase distance requirements to a 1,000 ft. for residential and 1,500 ft. for school, church, day care and public buildings?
QUESTIONS
Background
City Council requested that staff evaluate possible changes to the gas & oil drilling ordinance presented by Mayor Pro Tem Carolyn Morris
2004- Ordinance Amendment Process
Zoning Ordinance
Amendment 480-YY
Amended the SUP section to allow operations in the I-2 district & provide specific regulations for operations.
City Code Amendment
Addresses technical
operations and maintenance
standards such as emergency
processes, security,
environmental protection,
insurance, requirements, etc.
Comments/Questions
Can the city increase the $2,000 per day fine?
- State law provides a maximum penalty of $2,000 per day per violation of a city ordinance regulating public health and safety.
Who issues the final permit?
- SUP (PDS); Grading Permit (PDS); Road Repair Agreement (Public Works); Drainage Plan (Public Works); oil & gas permit (staff, city council, oil & gas consultant ???).
Comments/Questions
Continue to allow drilling only in I-2 zoning?
- By restricting gas drilling to a limited area of the city increases the likelihood that a legal challenge may be levied alleging a compensable taking.
ADDITIONAL SLIDES
Area = 27 Acres
Owner: Shamrock
Logistics
Current use: Ground
Fuel Storage
tanks
Parcel 1
Back to Map
Area = 14 Acres
Owner: Explorer
Pipeline Co.
Current use: Ground
Fuel Storage
tanks
Parcel 2
Back to Map
3
4
6
5
S.H. 26
Parcel 3
Area = 15.5 Acres
Owner: Alon USA
Refining, Inc.
Current use: Ground
Fuel Storage
tanks
Parcel 4
Area = 5.7 Acres
Owner: Alon USA
Refining, Inc.
Current use: Vacant
Parcel 5
Area = 1.2 Acres
Owner: Explorer
Pipeline Co.
Current use: Storage
related
support
Parcel 6
Area = 1.2 Acres
Owner: Koch Refining
Current use: Storage
related
support
Back to Map
Parcel 7
Area = 16.6 Acres
Owner: Conoco Inc
Current use: Vacant
Parcel 8
Area = 3.4 Acres
Owner: Conoco Inc.
Current use: Ground
fuel storage
tanks
7
8
Back to Map
Area = 14.6 Acres
Owner: Petroleum Co
of Texas. Etal.
Current use: Ground
Fuel Storage
tanks
Parcel 9
S.H. 26
Back to Map
Comments/Questions
Should the city increase minimum limit of $10,000,000 on liability insurance?
- Coverage level comparable with other local cities.
Grapevine -$10,000,000
Ft. Worth -$10,000,000
Grapevine -$10,000,000
Colleyville -$10,000,000
Trophy Club -$10,000,000
Keller -$10,000,000
Mansfield -$10,000,000
- Staff will consult with insurance industry expert.
Should drill site buffers areas be increased to 1,000’ from residential or commercial building (currently 600’) and 1,500’ from school, church, hospital and day care (currently 1,000).
- The ordinance can be amended but is subject to a legal challenge if it prohibits drilling entirely in the city.
Oil & Gas Ordinance Options
Analysis of potential areas based on the Current Ordinance
600’ from residential and commercial structures
1,000’ from public building sites (including schools, day cares, institutions)
Analysis of potential areas based on Option 1:
1,000’ from residential and commercial structures
1,000’ from public building sites (including schools, day cares, institutions)
Analysis of potential areas based on Option 2:
1,000’ from residential and commercial structures
1,500’ from public building sites (including schools, day cares, institutions)
Current Ordinance
Current Ordinance
Current Ordinance
Option 2
Option 2
Option 2
Comments/Questions
Should the screening requirements for the production site be amended? (Permanent production site – 8’ screening made of brick, concrete, earthen berm or a combination of all three).
- determined during the SUP requirement.
Noise levels can not exceed 70 decibels at a point 300’ from a well site.
- Recommendation is to regulate noise based on the surrounding ambient noise levels.
Comments/Questions
Should the requirements for surface pits be reevaluated?
- Not currently allowed. Some localities reconsidering this rule to allow a fresh water frac ponds if the pond is converted into an amenity after the drilling process is completed.
- Add a requirement that a closed loop mud system be used to extract and hold salt water should be incorporated into the ordinance.
Comments/Questions
Evaluate of other current requirements:
Oil and gas production lines can not exceed 100 psi and be buried 6’ depth.
No open flow testing is allowed.
All well lines must be equipped with high/low pressure shut off valves.
Each producing well must be equipped with a down hole shut-off valve storm choke.
- The city’s gas and oil consultant is reviewing the requirements to determine if they need to be revised to meet current safety standards.
Continue to require access to wells and drill sites must be from state or federal highways.
- This restriction may give rise to a taking claim
QUESTIONS
Item 9A SP07-275
APPLICANT: Victory Awning on behalf of Michael Anthony’s
LOCATION: 2750 East Southlake Boulevard, Suite 140
REQUEST: Variance to the Gateway Plaza Phase II (Wyndham Plaza) Conditional Sign Permit for attached signs. The applicant is proposing to add an awning with attached lettering on 3
sides.
Site Exhibit
Proposed Awning
Proposed Awning
Initials on front
Logo = 18 inches
Area = 3.5 sq.ft.
“Steaks, Chops and Seafood” on both sides
Text = 6 inches
Area = 2.8 sq.ft. (per side)
Awning will be black - All lettering will be white
Existing Sign
24 inch letters
(max. allowed = 30 inches)
Area = 36 sq.ft.
(max. allowed = 45 sq.ft.)
Awning Details – Front View
Awning will be black with white lettering
(Logo = 18 inches; 3.5 sq.ft.)
Awning Details – Side View
Awning will be black with white lettering
(Text = 6 inches; 2.8 sq.ft. per side)
Awning Details – Overhead View
New Exhibit – 8 Foot Awning Without Text
Applicant is requesting text on sides:
“Steaks, Chops & Seafood” in 6 inch letters
New Exhibit – 8 Foot Awning With Curtains
Applicant is requesting text on sides:
“Steaks, Chops & Seafood” in 6 inch letters
New Exhibit – 3 Foot Awning With Curtains
Applicant is requesting text on sides:
“Steaks, Chops & Seafood” in 6 inch letters
Current View
24 inch letters
Current View
Adjacent Signs
18 inches
25 inches
30 inches
Adjacent Signs
30 inches
30 inches
9.5 inch letters; 28 inch logo
Item 9A SP07-275
QUESTIONS?
Item 9B SP07-290
APPLICANT: Powell Texas Properties, LLC for Noble Roman’s Pizza and Tuscano’s Subs
LOCATION: 250 Randol Mill Avenue, Suite 140
REQUEST: Variance from the Jellico Square Conditional Sign Permit regulations for attached signs.
Divide existing sign into two signs and move the two signs to lower areas of the storefront.
Add a new sign with white letters where the existing sign is located.
Keep neon window signs in place until the new sign with white letters is on the building.
Site Plan
Sprouts
Little Gym
Noble Roman’s Pizza and Tuscano’s Subs
Existing Signage – View from Parking Lot
Request to divide existing sign into 2 signs and move them to lower areas of the storefront
11 inch letters
Area = 13.4 s.f.
20.625 inch letters
Area = 11.5 s.f.
22.75 inch letters
Area = 31.1 s.f.
Requested sign width = 18 feet
Allowed width = 16.5 feet
Proposed Signage
Façade width = 22 feet
16.5 feet (approximate)
Sign Details – New Proposed Sign
Sign Details – Existing Signs
(to be moved to lower area of storefront)
Window Signs
(To Be Removed Upon Installation of New Sign)
Existing Signage – View from Randol Mill near F.M. 1709
Existing Signage – View from Sidewalk along Randol Mill
*Estimated area based on maximum letter height of 30 inches.
Comparison of Requested Signs and Adjacent Signs
Adjacent Signs
18 inch letters
Applicant has not submitted revised drawings and a permit has not been issued.
Sign variance was granted with a 30 inch “g”
Approximate Sign Area
The Little Gym
Adjacent Signs
60 inches
14 inches
14 inches
Adjacent Signs
24 inch letters/logo
Monument Signs
Monument Signs
Monument Signs
View from Across Southlake Boulevard
QUESTIONS?