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Item 4BCity of Southlake, Texas MEMORANDUM February 11, 2004 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting February 17, 2004 Note: There will be a joint meeting with the Carroll school board at 7:30 p.m. in training room 3D on Tuesday night. Information related to this meeting will be provided later this week. 4A. Mayor's Report. 1. Presentation of proclamation to Era Lee Caldwell. Ms. Caldwell will be moving to Houston in March and this proclamation is being presented for her service to the community over the past several years. Contact the Mayor with questions regarding this item. 4B. City Manager's Report. Included in your packet are the financial statements for the General Fund and the Water and Sewer Fund for January 2004. Also included are the sales tax report and the investment report for the quarter ending December 2003. Contact Share Elam with questions on this item. 5A. Approve minutes for the January 20, 2004, regular City Council meeting and the February 3, 2004, regular City Council meeting_ Note that the minutes are included in your packet. Contact Lori Farwell with questions regarding this item. 5B. Authorize the Mayor to execute a residential developer's agreement for Estes Park This developer's agreement covers the construction of public streets, public storm sewer system, public water lines and public sanitary sewer lines. The construction of the sanitary sewer lines includes the construction of off -site sanitary sewer lines, including a portion of the N -2 interceptor sewer main that extends north on Ridgecrest Drive from East Dove Street. The developer is requesting City participation in the construction of the N -2 interceptor sewer main. Staff recommends participation up to $85,000 for the N -2 interceptor sewer line which includes a bore of the sewer line along the west side of Ridgecrest Drive. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 2 of 13 Funds for the construction of the N -2 interceptor sewer main are included in the FY2003 -04 CIP. The construction of this portion of the N -2 interceptor sewer main will provide public sewer access to many other properties in this area. Contact Pedram Farahnak with questions on this item. 5C. ZA03 -104, Plat Revision for Lots 4R2R through 4R9R, Green Meadow Subdivision. The purpose of this plat is to incorporate a tract created by the re- alignment of South Kimball Avenue, adjust lot lines and create two additional buildable lots. There are no unresolved issues regarding this plat. The Planning and Zoning Commission recommended approval (5 -0) subject to review. Contact Bruce Payne or Dennis Killough with questions on this item. 7A. Ordinance No. 844, 2 " Reading, Amending Chapter 12 of the City Code, establishing designated speed limits within City parks. The City has ten parks within its system, none of which have a designated speed limit for vehicular traffic (park roads and parking lots). Given the high number of pedestrians and increased traffic flows it is proposed that an enforceable speed limit be considered as a method of providing improved safety for park patrons. Following consultation with the Public Works Department and the Department of Public Safety, it was determined that a survey of park speed limits in other Texas cities was an appropriate method of traffic study. Staff surveyed seventeen (17) cities and found that the average speed limit for park roads was 16 mph. It is recommended that a maximum speed limit of sixteen (16) miles per hour be established for all park roads and a maximum of five (5) miles per hour be established within park parking lots. City Council approved this item on first reading (7 -0) at your February 3, 2004 meeting. The Park Board recommended approval of this item (8 -1) at their November 10, 2003 meeting, with the dissenting vote indicating support for even lower speed limits. Contact Malcolm Jackson with questions on this item. 7B. Ordinance No. 850, 2" d Reading, Amending Chapter 13, Peddlers and Solicitors, and Chapter 5, Businesses, Article VI, of the City Code. In an attempt to streamline and address issues facing the city, and to simplify administration and enforcement, staff has proposed to place all applicable solicitation/outdoor sales /mass gathering regulations into either the Peddlers and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 3 of 13 Solicitors Ordinance or the Zoning Ordinance. It is proposed that solicitation/sales activities that are mobile in nature (door -to -door sales /ice cream truck) or conducted on public property be regulated by the Peddlers and Solicitors Ordinance, while outdoor sales or services on private property will be regulated by the Zoning Ordinance. As a result, all regulations governing solicitation/outdoor sales /mass gathering activities will be located in just two ordinances and would be administered and enforced by either the Director of Public Safety (Peddler and Solicitors Ordinance) or the Zoning Administrator (Zoning Ordinance). During the past year the City Attorney's Office, the Department of Public Safety, and the Department of Planning have been reviewing and revising regulations which govern solicitation, outdoor sales and mass gathering activities. As a result, major revisions to the city's Peddlers and Solicitors Ordinance and the Zoning Ordinance are being proposed. (The Planning and Zoning Commission held a public hearing on the Zoning Ordinance amendments at its January 22 meeting). The proposed major changes to the peddlers and solicitors ordinance include: • The Peddlers and Solicitors Ordinance will only regulate solicitation activity that is mobile in nature (door -to -door sales) or conducted on public property. • The definition of solicitation is expanded to include: 1) the collection of money for any purpose; and 2) the distribution of handbills or leaflets. • Canvassing activities are now regulated. • A person commits an offense if that person engages in a solicitation or canvassing activity within the roadway, or on any median or traffic island within the right -of -way of any street or highway within the city. • A person commits an offense if the person engages in solicitation or canvassing in an aggressive or intimidating manner. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 4 of 13 • A person commits an offense if a person engages in a solicitation or canvassing activity at a residence after sunset. • A person commits an offense if the person engages in a solicitation activity with the occupant of any vehicle stopped or traveling or traveling on Highway 114, FM 1709, FM 1938, any street or highway within the Town Center Designation of the City's land use plan, or any street or highway in the city which is designated as an arterial or collector on the Master Thoroughfare Plan. • A person commits an offense if the person engages in solicitation activity on a sidewalk within the Town Center designation of the City's land use plan. • Solicitation activity in conjunction with a city - sponsored event (i.e. Art -in -the Square) is not regulated. • A non - profit organization or person conducting solicitation activity on behalf of a non- profit organization is exempt from payment of a permit fee. • The ordinance is solely administered and regulated by the Department of Public Safety. A copy of the revised peddlers and solicitors ordinance is provided in Council's packet. In addition, the seasonal sales ordinance and the mass gathering ordinance will be rescinded once the revised peddlers and solicitors ordinance is approved. The City Council held a work session on the peddlers and solicitors ordinance and the proposed amendments to the zoning ordinance on December 8, 2003 and discussed these at its August 5, 2003 regular meeting. The City Council approved the first reading on consent (7 -0) on February 3, 2004. Contact Bruce Payne or Ken Baker with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 5 of 13 7C. Ordinance No. 480 -UU, 2nd Reading, Amending Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Mass Gathering and Solicitation Activities. As mentioned above, staff is attempting to streamline solicitation, outdoor sales and mass gathering activities by placing regulations relating to these activities into either the peddlers and solicitors ordinance or the zoning ordinance. The Planning and Zoning Commission held a public hearing on the proposed zoning ordinance changes as it relates to outdoor sales and mass gathering on January 22, 2004. At that meeting, the Planning and Zoning Commission recommended (6 -0) approval of the amendments to the zoning ordinance as presented by staff with the following exception: Amend the mass gathering definition to read: "MASS GATHERING EVENT - A group of 300 or more persons assembled together for a meeting, festival, social gathering, entertainment, scheduled event or other similar event." The City Council approved the first reading on consent (7 -0) on February 3, 2004. Contact Bruce Payne or Ken Baker with questions on this item. 7D. Ordinance No. 480 -429, 2nd Reading (ZA03 -083), Zoning Change and Concept Plan for Lot 2, William Martin No. 1068 Addition. This is a request to change the zoning from AG to SF- 20A. The property is located at the northeast corner of Our Lane (a private ingress /egress easement) and Randol Mill Avenue. This area is designated for low density residential development on the land use plan. SF -20A is typically considered to be non - compliant with this land use category. The property was annexed into the City as an approximate 0.8 -acre tract of land (± 35,000 square feet). The net lot area, after considering the area that lies within the adjacent roadways, is approximately 24,000 square feet. The SF -20 district (minimum 20,000 square feet lot area) is the only detached single family residential district that can accommodate the situation. This property does not have access to sewer. The Zoning Board of Adjustments approved a variance to allow use of a septic system on property having less than one acre of land for this Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 6 of 13 property. The Planning and Zoning Commission recommended approval (6 -0). The City Council approved first reading on consent (7 -0). There have been changes made to this item since the first reading. Contact Bruce Payne or Dennis Killough with questions on this item. 7E. Ordinance No. 480 -430, 2" d Reading (ZA03-103), Zoning Change for McClendon Subdivision. This property is on the north side of Union Church Road and is part of the acreage properties surrounded by the Siena residential development. This is a request to change the zoning from AG to SF-IA on a 1.5 -acre tract. There is an existing home that is to be removed for new construction of a single family dwelling. There are no unresolved issues regarding this request. The City Council approved first reading on consent (7 -0). There have been no changes to made to this item since the first reading. Contact Bruce Payne or Dennis Killough with questions on this item. 7F. ZA03 -088, Site Plan for Chapel Hill Office Park. A zoning and concept plan was approved on this item in September 2003 to allow seven office buildings. This plan is submitted to receive approval of the building elevations for Lots 1, 2, 6 and 7. Additional site plan approvals will be required for the remaining three buildings. The zoning and concept plan approval allowed use of off -site parking on the White Chapel Methodist Church property to satisfy parking requirements for the build out of this project. The on -site parking is more than adequate for the first four proposed buildings. There are no variances requested. The Planning and Zoning Commission recommended approval (4 -0) subject to review. Contact Bruce Payne or Dennis Killough with questions on this item. 7G. ZA03 -081, Preliminary Plat for Chapel Hill Office Park Addition. This is the preliminary plat associated with the previous site plan request. The plat complies with the approved zoning and concept plan. There are two minor comments remaining on the review summary that the applicant has agreed to correct. The Planning and Zoning Commission recommended approval Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 7 of 13 (4 -0) subject to review. The plat is independent of the associated site plan on your agenda and does not require a public hearing. If there are no concerns regarding this particular item, it could be moved to the consent agenda. Contact Bruce Payne or Dennis Killough with questions on this item. 7H. Resolution No. 04 -015, ZA03 -101, Specific Use Permit for Cornerstone Bible Church. This is a request to allow a church use in an existing building located in the Cornerstone Business Park. The church is proposed to have a maximum of 150 members and will use the parking allocated for the office /warehouse uses on the property. This is permitted by the zoning ordinance if the uses do not normally operate at the same hours and if an agreement is properly drawn and executed between the parties concerned to assure retention of the parking spaces. The Planning and Zoning Commission recommended approval (5 -0) limited to the term of the lease or five (5) years, whichever is a lesser period of time and in accordance with the parking agreement. Contact Bruce Payne or Dennis Killough with questions on this item. 7I. ZA04 -004, Plat Vacation for Lot 2R, Vann Addition. The purpose of this item is to vacate the plat for one lot in the Vann Addition. Lot 2R is now a part of the Estes Park residential planned unit development. The vacation will allow the property owner to file a final plat for the development. Because this is a partial plat vacation, a public hearing before the City Council is required according to the city's subdivision ordinance. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval on consent (5 -0). Contact Bruce Payne or Dennis Killough with questions on this item. 8A. Ordinance No. 480 -431, 1 St Reading (ZA03 -060), Zoning Change and Site Plan for Hibernia Bank. This property is currently zoned S -P -2 with 0-1 office district uses and regulations, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 8of13 excluding banks having drive through service. The purpose of this zoning change and site plan request is to reinstate the permitted use of a bank with drive - through service and revise the site layout. The applicant has spent several months working with SPIN and the adjacent property owners to resolve potential issues. The plan before you is the result of those efforts. There are no unresolved issues remaining on the plan review summary. A portion of the north (rear) facade exceeds the maximum permitted vertical length by 3 feet. The applicant has agreed to widen the gable the necessary length to correct the problem. Under the S -P -1 detailed site plan district zoning the applicant proposes the following: • Permitted Uses — "O -1" Office District uses to include a bank with a drive - through. • LandscapeBufferyard — The landscape /bufferyard shall be as shown on the site plan. The western boundary will not be required to have minimum landscape /bufferyard. This bufferyard is located along the common driveway between this site and the adjoining site to the west. • Accessory Uses/ Structures — An automatic teller machine and a dumpster may be located between the bank building and North Carroll Avenue as set forth on the attached site plan. This property has fronts yards on both E. Southlake Boulevard and N. Carroll Avenue. Accessory structures are not permitted forward of the principal structure. The following variance is being requested: • Driveway Spacing — Required driveway spacing is 500' for full- access and right- in /right -out drives from an intersection on Southlake Blvd (FM 1709). The nearest drive to the west is 350' from the proposed driveway and the nearest intersection to the east is 280'. The plan approved under the current "S -P -2" zoning on this property permitted a right - in/right -out driveway in this location. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 9 of 13 The Planning and Zoning Commission recommended approval (5 -0) subject to site plan review summary No. 4, dated January 30, 2004; meeting requirements in comments no. 2 and 3 with the commitment to match the number and size of canopy trees on the east side of North Carroll Avenue through the North Carroll Avenue frontage of this site; add raised curb on right out driveway, in accordance with TxDOT and the city engineer's requirements to further prevent left turn movements; and add tall shrubs around the trash enclosure along street frontage. Contact Bruce Payne or Dennis Killough with questions on this item. 8B. ZA03 -090, Plat Revision for Lot 1R2R, W.W. Hall No. 695 Addition. This is the plat associated with the previous item. There are no unresolved issues remaining on the plat review summary. Note that approval of this plat is not dependent upon approval of the proposed zoning and site plan. The plat as proposed complies with the S -P -2 zoning currently in place on the property. The Planning and Zoning Commission recommended approval (5 -0) subject to review. Contact Bruce Payne or Dennis Killough with questions on this item. 9A. Resolution No. 04 -014, An amendment to the Master Thoroughfare Plan for Zena Rucker Road The Planning and Zoning Commission recommended approval (6 -0) for the amendment to the Master Thoroughfare Plan for Rucker Road, suggesting the name be changed to Zena Rucker Road and that the alignment be moved to the north on the parcels referred to as Pecan Acres and The Village of Timarron. The Planning and Zoning Commission voted (6 -0) to continue the public hearing at the regular Planning and Zoning Commission meeting scheduled for April 8, 2004 on the Kirkwood Boulevard extension and asked that a SPIN meeting be held on this item. In addition, the P &Z Commission requested that representatives from Newland Communities (Aventerra) and the Carroll Independent School District be present at the SPIN meeting to discuss future development plans for their properties. The P &Z Commission also instructed staff to conduct the SPIN meeting in late March, after the CISD spring break (March 15 ti ' - City Council will only be considering the Rucker Road alignment at this meeting. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 10 of 13 Contact Bruce Payne or Ken Baker with questions on this item. 10A. Consider SP03 -115_ Variance to Sion Ordinance No. 704 -A_ for 114 Kimball Square located at 2360 State Highway 114. This building was formerly the site of the Gun Barrel convenience store and retail strip center. The site was redeveloped into an office /retail strip center in 2000. The applicant has applied for a conditional sign permit for specific approval of the signs included with this application and to apply the same rules for these signs to future signs in the 114 Kimball Square development. This application was on the January 6, 2004 agenda with the following request: Lease Width 25 ft. 50 ft. 75 ft. Max. Letter Logo Height Proposed / Allowed 30 in. / 12 in. 42 in. / 12 in. 48 in. / 12 in. T I-- A Proposed / Allowed 45 s.f. / 18.75 s.f. 140 s.f. / 37.50 s.f. 225 s.f. / 56.25 s.f. The applicant tabled and has returned with more specific signage and examples and is requesting the following regulations for the property: Less than 50 ft. Max. Letter Logo Height Proposed / Allowed 24 in. / 12 in. Tif- A Proposed / Allowed 37.50 s.f. / 18.75 s.f. 50 ft. or greater 42 in. / 12 in. 131.25 s.f. / 37.50 s.f. Contact Bruce Payne or Dennis Killough with questions on this item. IOB. Consider SPO4 -015_ Variance to Sion Ordinance No. 704 -A_ for Texas Bank located at 2200 West Southlake Boulevard This is a request for temporary signage during the grand opening of Texas Bank located on West Southlake Boulevard, adjacent to the DPS West facility. The request is to allow pennant flags and three portable ground signs on the site for the dates of February 23 through 27, 2004. Flags and portable ground signs are not permitted. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 11 of 13 Contact Bruce Payne or Dennis Killough with questions on this item. IOC. Approval of 2004 Agreement for Community Services with Call A Ride of Southlake, Inc. ( CARS). CARS was organized as a non - profit corporation in November of 1999, and has been offering transportation services to Southlake seniors and those with physical challenges since January of 2000. In July of 2003, City Council authorized the implementation of a transportation task force to conduct a study and submit their findings as it relates to future transportation services. The recommendations, as approved by City Council at their September 16, 2003 meeting, included the continuation of funding for CARS in the amount of $10,000, to be paid quarterly and subject to the conditions outlined in the revised scope of services agreement. Other task force report recommendations for inclusion within the proposed scope of services agreement were also considered and approved by City Council and are included in the proposed agreement between the City and CARS. The board of directors for CARS approved the proposed agreement at their January 27, 2004 meeting. Funding is available in the approved FY 2003 -04 Community Services division budget for this item. Contact Malcolm Jackson with questions on this item. OTHER ITEMS OF INTEREST 1. Driver's License Express Unit in Town Square. The Texas Department of Public Safety will be bringing their mobile driver's license express unit to Southlake. On March 9 the mobile unit will be setting up in the parking lot in Town Square across from the pavilion. Service will be provided to customers from approximately 10:00 a.m. until 2:00 p.m. Staff has coordinated the scheduling with Town Square and both conclude that last year's event was very successful and well received by residents. Contact Malcolm Jackson with questions on this item. 2. Tree City USA Application. In January, the City of Southlake made application to the National Arbor Day Foundation through the Texas Forest Service for the TREE CITY USA designation and has received the attached letter of tentative approval. An official letter of the Tree City USA award should be received within the next few months and we will keep you informed. This will be the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page 12 of 13 seventh year the City has received this national recognition. Contact Malcolm Jackson with questions on this item. 3. Trans Texas Corridor. TxDOT will hold a public hearing on Thursday, February 12 from 6:00 p.m. to 8:00 p.m. to discuss the Trans Texas Corridor. The corridor is a network of roads, rail and a dedicated utility zone. If you are interest in attending, please contact Shana Yelverton. IN Staff Extension Numbers: Black, Rick, DPS Director, 481 -2406 Campbell, Billy, City Manager, 481 -1409 Eaglen, John, Assistant to the City Manager, 481 -1433 Elam, Sharen, Finance Director, 481 -1713 Farahnak, Pedram, Public Works Director, 481 -2308 Farwell, Lori, City Secretary, 481 -1519 Hugman, Kevin, Human Resources Director, 481 -1952 Jackson, Malcolm, Community Services Director, 481 -1527 Killough, Dennis, Senior Planner, 481 -2073 Last, Greg, Economic Development Director, 481 -1671 Payne, Bruce, Planning Director, 481 -2036 Yelverton, Shana, Assistant City Manager, 481 -1429 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 17, 2004 Page13of13 T A S FOREST ° ��,s SERVICE The Texas A &M University System 3.591 January 15, 2004 Keith Martin City of SoutMake 657 N. Carroll Ave. Southlake, TX 75092 Re: Tree Ci SA Application for 2043 Dear n: We received your 2003 Tree City USA application on January 12, 2044 and have reviewed it for completeness. In our opinion, your community meets the four standards of the program, so the State Forester has endorsed the application and we have forwarded it to the National Arbor Day Foundation in Lincoln, Nebraska, for formal approval. If a Growth Award application was also included, it too was reviewed and mailed to NADF. You should receive an official approval letter from the Foundation within the next few weeks or months. They will then mail us the Tree City ceremonial materials for your community and we will distribute them through our agency foresters. If your community's Arbor Day 2004 is approaching and you have not heard from your local forester or the NADF, please call me so I can arrange for someone from my agency to attend your ceremony. We want to make every effort to support this important community forestry date in your city or town. If you have any questions about the Tree City USA program or your local ceremony, please contact me at (979) 458 -6650 or by e-mail at psmith @tfs.tamu.edu_ Sincerely, Peter D. Smith Partnership Coordinator cc: Courtney Blevins Forest Resource Development