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Item 4BCity of Southlake, Texas MEMORANDUM March 24, 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 March 30, 2004 Note The Mayor encourages all councilmembers to arrive by 5:00 p.m. on Tuesday in order to welcome the Sister City group from Toyoma — adult and youth delegates. The group will be meeting in the foyer of Town Hall to take photos and to visit with the Mayor and Council at that time. Council will proceed with the regular meeting schedule at 5:30 p.m.. 4A. Mayor's Report. 1. Introduction of students and sponsors from Toyoma, Japan, and local sponsors Mayor Wambsganss will officiate. Contact Mayor Wambsganss with questions on this item. 2. Proclamation for Building Safety Week Employees from the building services division will be present to accept a proclamation from the Mayor in celebration of this event. Contact Rick Black with questions on this item. 4B. City Manager's Report. No items planned for discussion. 4C. Financial Report. A copy of the report has been included in your packet. Contact Sharen Elam with questions on this item. 5A. Approve minutes for the March 2, 2004, regular City Council meeting The minutes have been included in your packet. Contact Lori Farwell with questions or comments regarding this item. 5B. Authorize the Mayor to enter into the Tarrant Regional Transportation Coalition Agreement and appoint Southlake's representative to the Board of Directors As noted in your packet materials, this coalition is forming to advocate transportation projects, promote air quality, enhance communication and planning efforts, and promote partnerships between cities, counties, chambers, businesses and other groups in the western part of the NCTCOG region. Its primary purpose will be to ensure that this area's needs are understood at both federal and state levels. There is still so much work to be done with regard to surface transportation, transit, air quality, etc., that the coalition will undoubtedly be very active. The annual cost of membership for cities is $.10 per capita, so Southlake's dues would be roughly $2,500. You may notice that the formation of this group has been patterned, to some degree, after the Metroport Cities Partnership. It is likely to function much like the Dallas Regional Mobility Coalition to the east. Gary Fickes has been an instrumental part of the organization. In addition to approving the agreement, you will need to appoint someone to serve as Southlake's representative on the Board of Directors. Ideally, this would be an elected official, although there is no specific requirement that it be so. Obviously, whoever is selected should have an interest in transportation issues and be willing to attend meetings and otherwise participate as needed. Contact Shana Yelverton with questions regarding this item. 5C. Consider rescheduling the May 18, 2004, City Council meeting_ This item is on the agenda at the request of Mayor Wambsganss. Along with the many legislative changes regarding elections made in 2003, the date for canvassing the election has changed. With Council's regular meeting scheduled on May 18 and the canvassing scheduled on May 25, this item is on the agenda for Council to consider moving the regular meeting date to coincide with the date of canvassing. Contact the Mayor with questions regarding this item. 5D. Approve temporarily extending the existing facility utilization agreements with the youth sports associations to end upon the approval of the revised facility utilization agreements. The facility utilization agreements between the City and the youth sports associations provide the framework for utilization of City and joint use facilities. The extension period for the current agreements expires March 31, 2004 and staff is presently working to finalize the proposed 2004 agreements. The youth sports associations also require additional time to seek internal board approval of the proposed agreements. The Parks Board recommended (8 -0) at their March 8, 2004 meeting to extend the expiration date of the current agreements until May 31, 2004. Extending the expiration date allows for a continuation of programs without interruptions. The proposed extension contains no substantive changes excluding appropriate date revisions. Staff anticipates final agreements will be available for presentation to the Parks Board and City Council for review and approval within 60 days. Contact Malcolm Jackson with questions regarding this item. 5E. Approve naming certain park roads for identification purposes. With the continued increase in use of the parks system, the need to better identify certain park entrance drives becomes an important issue for general information as well as rapid identification during emergency responses. Providing unofficial names to certain park drives enables park patrons to better locate their activities and most importantly provide clarification for emergency vehicles responding to calls to ensure entry is made closest to any existing emergency. The Fire Marshall has reviewed the proposed names and approved them for use. The proposed names were recommended for approval by the Parks Board (8 -0) at their March 8, 2004 meeting. Contact Malcolm Jackson with questions regarding this item. 7A. Resolution No. 04 -018 (ZA03 -091), Specific Use Permit for Southlake Boarding Facility This property is zoned "I -1" and is located at northeast corner of E. Continental Boulevard and Crooked Lane. This is a proposal for a 16,000 square foot kennel, containing 109 dog and 20 cat kennels. Approximately 13,000 square feet is allocated for outdoor walking areas. Dogs are let out approximately 20 to 30 at a time a minimum of three times per day with an attendant. The total outdoor time is approximately six hours per day. The applicant stated in the meeting that the building will be acoustically engineered to contain interior noise. The property owners directly north, south and east of the sight have conveyed their opposition. Their primary concern was noise during outdoor activity. The Planning and Zoning Commission recommended denial (5 -0). Contact Bruce Payne or Dennis Killough with questions regarding this item. 7B. ZA03 -095, Site Plan for Chu Eye Associates ZA03 -095 This property is zoned "C -3" General Commercial District and is located on the southeast corner of East Southlake Boulevard and Bank Street. The site plan proposes a 1.5 story 4,551 square foot retail eyewear store and doctor's office. The following variances are requested: • Stacking depth — 10 feet is provided off of Bank Street (ordinance requires 28 feet) • Pitched roof —This plan proposes a flat roof with parapet (ordinance requires buildings of 6,000 square feet or less have a pitched roof); • Parking reduction - A 10% reduction in required parking is requested, totaling 24 spaces. (ordinance requires 26 spaces) There was no opposition to this request. The Planning and Zoning Commission recommended approval (6 -0) subject to review and granting the requested variances for driveway stacking, pitched roof, and 10% reduction in parking. Please contact Bruce Payne or Dennis Killough with questions regarding this item. 7C. Resolution No. 04 -019 (ZA04 -009), Specific Use Permit for the sale of alcoholic beverages at Fuju Yama Steak and Sushi, LLC. This property is located at 1230 Main Street in Southlake Town Square. There are no unresolved issues surrounding this request. The Planning and Zoning Commission recommended approval (6 -0) subject to the term of the lease. Contact Bruce Payne or Dennis Killough with questions regarding this item. 7D. LVO4 -001, A variance to the Lighting Ming Ordinance No. 693 -B for Carroll Independent School District. Withdrawn by the applicant on 3/10/04. 8A. Ordinance No. 861. 1 st Readinu_ Amendinu Chaater 10 of the Citv Code and arovidina provisions regarding high grass and weeds. The existing ordinance was adopted in 1994. The existing ordinance does not recognize the beautiful seasonal wildflower colors as anything other than a violation of the ordinance, nor does it provide exceptions to natural or wildlife areas in public park nature areas which should be left in their undisturbed and natural state. Additionally, recent legislative changes allow for shorter time periods for corrective action and easier legal notification processes. The proposed ordinance allows temporary areas of seasonal wildflowers in appropriate and reasonable concentrations with reasonable limitations. It also recognizes nature areas while still providing for the aesthetics achieved through clearly delineated boundaries and borders and compliance with fire safety standards. Contact Malcolm Jackson at 817 - 481 -1527 with questions regarding this item. 8B. Ordinance No. 480 -432, 1s Reading (ZA03 -085), Zoning Change and Site Plan for East Southlake #1 Ltd. This site is located at on the north side of E. Southlake Boulevard, abutting the east boundary of the Foxborough residential subdivision. The property is zoned "AG" Agricultural District and they are requesting "S -P -1" Detailed Site Plan District with "0-1" Office District uses. The land use designation for the property is "Medium Density Residential" which permits detached single family residential and low intensity retail/office development intended to serve surrounding neighborhoods. The applicant is requesting the following variances to standard regulations: • East building line — Minimum 15 feet building line (ordinance requires 40 feet); • Parking reduction — 97 spaces (106 are required); • Driveway spacing_ 262 feet is provided from an existing residential driveway to the east (500 feet is required). One person spoke on behalf of the Foxborough residents. Their primary concerns were buffering along their boundary, lighting and drainage. The applicant addressed those concerns by agreeing to place and maintain an eight -foot masonry wall along the east line of Foxborough, replace all accent trees and shrubs required in the west bufferyard with evergreen (live oak) type canopy trees, install a timer on lights and change the grading plan so that all water goes to Southlake Boulevard. This appeared to satisfy the Foxborough representative. The Planning and Zoning Commission recommended approval (6 -0) subject to review and • granting the requested variances for driveway spacing and 10% reduction in parking; • allowing a 25 foot setback on the east side without moving the building closer to the west; • installing a timer for the exterior lights to go off at 8 p.m.; • change the grading to all drain onto Southlake Blvd. (FM 1709); • installing an eight foot masonry fence to replace full length of fence currently in place on the east line of Foxborough; • and replace accent trees with canopy trees along the west bufferyard in an effort to provide an evergreen screen with live oaks, the total number of trees being subject to the Landscape Administrator's approval. Contact Bruce Payne or Dennis Killough with questions regarding this item. 8C Ordinance No. 704 -B, 1` Reading, Amendment to the Sign Ordinance. Staff has prepared several amendments to the sign ordinance for city council's consideration. These amendments result from recent changes to the Texas Local Government Code, recent changes to the city's zoning ordinance, and the shifting of the administrative responsibilities of the sign ordinance from building services to planning. The proposed amendments are as follows: 1) Prohibit political signs on private property that are over a certain size limit, illuminated or mechanical in nature; 2) Provide regulations that allow the city to remove obsolete signs without payment or compensation to the sign owner; 3) Exempt from the regulations signs which are: a) attached to temporary structures used for outdoor sales or services; b) attached to a donation bin; or c) associated with fund raising /sales activities; and 4) Shift responsibility of the administration and enforcement of the sign ordinance from the building official to the administrative official. Contact Bruce Payne with questions regarding this item 9A. Resolution No. 04 -021, Appointing a City Council representative to the Southlake Parks Development Corporation to fill the unexpired term of W. Ralph Evans. Mayor Pro Tem Evans resigned from the Southlake Parks Development Corporation on March 5, 2004, with his term expiring in May 2004. This item is on the agenda for Council to consider the appointment of a Councilmember to fill the unexpired term until May 2004. Contact Lori Farwell with questions regarding this item. 10A. Consider SPO4 -024, Variance to Sign Ordinance No. 704 -A, for Re[essence] located at 2717 East Southlake Boulevard (FM 1709), Suite 160. This business is located west of Ultimate Electronics. The applicant wants to add another attached sign on the building to communicate their service "Tan and Spa." The sign ordinance permits only one attached sign per street frontage, with a maximum of two per space. Contact Bruce Payne or Dennis Killough with questions regarding this item. 10B. Consider SPO4 -025, Variance to Sign Ordinance No. 704 -A, for The Courtyard at Timarron located at 1207, 1209, & 1211 South White Chapel Boulevard. The applicant requests a monument sign located near the front entrance of each building, internal to the site, identifying the building tenants. The site has a total of two existing monument signs located the entrances on E. Continental and S. White Chapel. The additional monument signs will result in three of the buildings having two monument signs. The applicant is also proposing design standards for the new monument signs and directory signs on the property, contrary to the requirements of the sign ordinance. The following variances are being requested: • Minimum letter size - A minimum of three inches is proposed on both the monument and directory signs (ordinance requires the minimum letter size to be 6 inches) • Maximum height — Proposed sign structure is six feet tall with no base on both the monument and directory signs (ordinance requires the maximum height permitted to be 5 feet plus a 1.5 feet base) • Materials — Proposed sign is an aluminum structure painted to match the building (ordinance requires use of the same type masonry similar used on the front building fagade); • Number of Signs —One additional sign is proposed for three of the buildings (ordinance allows only one monument sign per site, per street frontage) Contact Bruce Payne or Dennis Killough with questions regarding this item. IOC. Consider SPO4 -040, Variance to Sign Ordinance No. 704 -A, for Texas Nations Title located at 100 South Village Center Drive. The applicant making this request is temporarily occupying an office space. Rather than removing the existing sign and installing a permanent sign, the applicant is requesting to be allowed use of a banner sign for up to seven weeks. Banner signs are permitted for a maximum of 15 days, twice per calendar year with a minimum of 60 days between permits. Contact Bruce Payne or Dennis Killough with questions regarding this item. 10D. Consider the use of the Council Chambers by members of the Tax Increment Financing District. This item is on the agenda at the request of Councilmember Standerfer. Contact him with questions regarding this item. OTHER ITEMS OF INTEREST 1. Free Mulch Giveaway. Citizens of Southlake were able to make the most of the City's free mulch give away during the last two months. Almost twenty yards of pine mulch was collected through the City's annual Christmas tree recycling program and another seventy yards of hardwood mulch was delivered from the Harris Methodist construction site. This is the equivalent of approximately eleven loads from a dump truck. The free mulch was available on a first come first serve basis to the residents of Southlake for use in their landscape beds, gardens, and around trees. There is very little mulch still available and with the spring season approaching it is diminishing rapidly. Staff is working to identify additional sources of mulch within the City so this very successful program can be available periodically throughout the year. Contact Malcolm Jackson with questions regarding this item. 2. Also included in your packet is a press release from The National Arbor Day Foundation regarding Southlake receiving a Tree City USA Growth Award. Please see the enclosed for more information. MD Staff Extension Numbers: Black, Rick, DPSDirector, 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