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Item 4BCity of Southlake, Texas MEMORANDUM May 12, 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 May 18, 2004 5A. Approve minutes for the May 4, 2004, regular City Council meeting The minutes are included in your packet. Contact Lori Farwell with questions or comments on this item. 5B. Resolution No. 04 -031, Authorization of application for a Texas Parks and Wildlife (TPWD) Recreational Fund Grant for Bob Jones Park trails. This resolution authorizes staff to make application to TPWD for a grant for possible trail construction funding for the Bob Jones Park outer loop trail. This program is extremely competitive (a portion of funds must even be used on motorized vehicle trails), and there are limited resources available. However, staff feels like the Bob Jones loop trail extensions and the access to wildlife would make the best candidate among Southlake's likely projects. Since the funding mechanism is cost reimbursement (state pays 80 %, city pays 20 %), not an advanced up- front - funding grant, the trail project must demonstrate an available funding source prior to the reimbursement process. Staff recommends using Park Dedication Funds earmarked last year but not expended as the funding source. An alternative would be to use SPDC funds designated for trail improvements, if the project would be suitable for delay to an out -year, as those funds are designated in FY 05 -06 in the CIP. Staff feels that this trail project most closely fits the project criteria established by TPWD. Park Board recommended authorization of the application (7 -0) at its May 10, meeting. Contact Malcolm Jackson with questions on this item. 7A. Ordinance No. 480 -437, 2" d Reading((ZA03 -096) Zoning Change with Development Plan for Estes Park, Phase IL The plan proposes R -PUD zoning with 80 residential lots and seven private common areas on 57.36 acres. The density is 1.39 dwelling units per acre. This item was first presented to the Planning and Zoning Commission in February. The applicant tabled to address adjacent property owner issues and to provide better access into the subdivision. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting May 18, 2004 Page 2 of 8 The applicant was able to add property to the project that allowed for access into the subdivision from North Carroll Avenue prior to re- appearing before the P &Z Commission. Please note that the zoning and development plan as proposed is not compliant with the City's master land use plan's low density residential land use designation on the subject area. A justification letter from the applicant is included as part of Attachment C. Any motion for approval of this item should include justification for non - compliance with the land use plan. Under the R -PUD residential planned unit development district zoning, the applicant proposes the following: • This R -PUD shall abide by all the conditions of the City's comprehensive zoning ordinance no. 480, as amended, as it pertains to the SF -20A single family residential zoning district and the City's subdivision ordinance no. 483, as amended, with the following exceptions: • The minimum front yard of a lot shall not be less than 30 feet. • The minimum side yard abutting a public street shall not be less than 20 feet. • The minimum side yard shall not be less than 10 feet. • The minimum rear yard shall not be less than 30 feet. • The minimum area of a lot shall not be less than 15,000 square feet. • Each lot shall have a minimum width of 90 feet. • Streets D1 & D2 shall be one -way streets with 30 feet of right -of -way and a 20 foot pavement width. • Buffer Lots: Minimum 30,000 square foot lots shall be required on all lots adjacent to platted property zoned SF -1 or RE, with the exception of Lots 6 — 13, Block 11 and Lot 23, Block 10, which shall have a minimum lot size of 20,000 square feet. • For the purpose of compliance with the curvilinear street requirement of the subdivision ordinance no. 483, as amended, the maximum permitted centerline curve radius shall be 1,600 feet. • The 10 feet — Type B bufferyard is not required adjacent to East Dove Street. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting May 18, 2004 Page 3 of 8 One person spoke in support and one person spoke in opposition during the public hearing at the Planning and Zoning Commission meeting. There were eight public hearing cards completed in support and five cards in opposition for which the people did not wish to speak. The Planning and Zoning Commission recommended approval (5 -0) subject to review and as presented. The City Council approved the first reading (7 -0) subject to review, as presented adding that the minimum floor area shall be 4,000 square feet. There have been no significant changes to the plan since the first reading approval. Contact Bruce Payne or Dennis Killough with questions on this item. 7B. ZA03 -097, Preliminary Plat for Estes Park, Phase IL This is the plat for the previous agenda item. There are no unresolved issues that will not be addressed by the City Council's review of the zoning and development plan. Contact Bruce Payne or Dennis Killough with questions on this item. 7C. Resolution No. 04 -018_ (ZA03 -091)_ Saecific Use Permit for Southlake Boarding Facilit This request has been withdrawn by the applicant. The applicant has submitted a new application for the same type facility to be located just south of this site on the south side of East Continental and South Kimball Avenue. Contact Bruce Payne or Dennis Killough with questions regarding this item. 7D. Ordinance No. 864, Approving and authorizing the issuance of General Obligation Refunding Bonds, Series 2004. City staff and our financial advisor have continued to monitor the market to ensure that we capitalize on any refunding opportunities. Based on the current market, it would be advantageous for the city to refund the bonds noted in Sharen's memo. The refunding will result in the City saving approximately $11.2 million in gross debt service payments (shorten the term of the bonds by 4 years) and further provide present value savings of approximately $2.1 million. The certificates are issued and approved by adoption of an ordinance. Approval of Ordinance No. 864 will set in motion the legal requirements to obtain the proceeds to refund the bonds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would redeem the outstanding bonds in mid -June. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting May 18, 2004 Page 4 of 8 We are expecting the interest rate for the bond issuance to be around 5 %. We will have final pricing on Tuesday for the Council Meeting. First Southwest Company arranged for a very quick meeting with three rating agencies (Fitch IBCA, Standard's & Poor's Rating Services, Moody's Investors Services) to discuss changes since the 2002 ratings. The informal meetings took place at First Southwest's office in Dallas, and were attended by Assistant City Manager Shana Yelverton, Finance Director Sharen Elam, Economic Development Director Greg Last, and myself. We are anticipating all three rating agencies to confirm our current ratings. You may recall that the 2002 ratings were: Fitch - -AA -; S &P - -AA -; Mood's - -Aa3. Contact Sharen Elam with any questions regarding this item. 8A. Ordinance No. 480 -436, I st Reading_(ZA04 -006), Zoning Change and Site Plan for Tamer Office Building The property located at 175 East Continental Boulevard. The existing building on the property was previously used as the Timarron/Aventerra information center. The new owner is a Timarron resident who would like to move his consulting business to this location. There are no new improvements proposed by this request. The applicant has limited the type of office uses to be permitted as indicated in zoning proposal and has entered into an agreement with the Timarron Owners Association to address some other neighborhood concerns. Variances to allow a ± 1 foot encroachment of existing parking space pavement into the bufferyard along E. Continental Boulevard and to eliminate a required 5 foot type `A' bufferyard along the south portion of the property lying within a retention pond are being requested. Staff has included a link in the staff report to the zoning and use history of this property. The Planning and Zoning Commission recommended approval (6 -0) subject to the review letter, as presented with regard to variances requested and proposed uses.They also stipulated that the floor area remain as it currently exists at ± 2,661 square feet and limited signage to those existing on the property. Contact Bruce Payne or Dennis Killough with questions regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting May 18, 2004 Page 5 of 8 8B. Ordinance No. 480 -438, 1 st Reading (ZA04 -022), Zoning Change for 800 South Carroll Avenue. This 2.447 acre property is located on the west side of South Carroll Avenue, just north of the intersection of Breeze Way. This property was added to the Timarron RPUD by a zoning amendment and concept plan in April 1991. The southern portion of this property was proposed as part of an assisted living facility in a zoning amendment and concept plan proposed in March 1996. The assisted living facility was removed from the plan prior to final approval. This property was never included in any later development plans for the adjacent residential properties and by itself does not meet the minimum 20 acre area required for a residential development plan. The property owner is requesting to change the zoning to SF-IA single family residential district to allow construction of a single family residence. There are no unresolved issues with this request. The Planning and Zoning Commission recommended approval (6 -0). Contact Bruce Payne or Dennis Killough with questions regarding this item 10A. Approve a lease agreement for rg azing on undeveloped property in Bicentennial Park. The City presently owns approximately seventeen (17) acres of undeveloped park land along the west side of Bicentennial Park typically referred to as the Evans property. The land is primarily covered in grass and has been utilized in past years for grazing approximately five head of cattle. Grazing on the undeveloped land provides a cost effective method of maintaining the property without utilizing staff time or city equipment. The proposed lease has been reviewed by the attorneys and would be for a two -year period with Mr. and Mrs. Ralph Evans. It allows either party to terminate at any time with sixty days written notice. The tenants would be responsible for accepting the property in its present condition, mowing and maintaining the premises in a good safe condition, and vacating the premises upon termination of the lease. Mr. and Mrs. Evans have previously had a grazing lease with the City for this property and have proven to be good caretakers of the land. The Parks Board recommended approval (7 -0) at its May 10 meeting. Please contact Malcolm Jackson with any questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting May 18, 2004 Page 6 of 8 IOB. Consider SPO4 -082, Variance to Sign Ordinance No. 704 -13, Southlake Woods Subdivision This is a request to extend the time permitted for a development sign for Southlake Woods, located at the northwest corner of South Peytonville Avenue and Stonebury Drive. The ordinance requires removal of these types of signs after a certificate of occupancy has been issued for 75% of the lots. The applicant is requesting that the sign be permitted to remain until all lots have been sold. There are twelve lots remaining. The applicant believes they should be sold in approximately three months. Contact Bruce Payne or Dennis Killough if you have any questions. IOC. Consider SPO4 -088, Variance to Sign Ordinance No. 704 -B, Bassett Furniture Direct, located at 2951 East State Highway 114 The applicant is requesting a variance to the maximum letter size permitted by the conditional sign permit approved for Gateway Plaza Phase L The maximum size permitted for this type tenant is 36 inches. They propose 42 inches for the letter "B" and for the two "t "s in the name. Please note that the 42 inch letter size would be permitted by the standard regulations of the sign ordinance because of the distance from the right -of -way. Contact Bruce Payne or Dennis Killough if you have any questions. IOD. Accept donation from Art In The Square By ordinance, all donations of artwork to the city must be recommended for acceptance by the Public Art Advisory Committee (PAAC) and accepted of record by the City Council. Art in the Square member Terri Messing wishes to donate a framed print from the winner of the Artist of the Year 2004 for Art in the Square. The artist is Rusty Speck of Midland, and his donation consists of a framed limited addition print (print is roughly 8 x 11" ). The PAAC recommended (4 -0) to accept the artwork for the City, with a recommendation that the piece is rotated as much as possible to public spaces in Town Hall and other city buildings to promote awareness of the PAAC, Art in the Square, and general art appreciation. Contact Malcolm Jackson with questions on this item. 10E. Accept donation from Debbie Baynard. By ordinance, all donations of artwork to the city must be recommended for acceptance by the Public Art Advisory Committee (PAAC) and accepted of record by the City Council. Debbie Baynard, a Southlake resident, wishes to donate a framed print by a California artist named Albert Mukasa Wilson who is originally from Uganda Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting May 18, 2004 Page 7 of 8 and is known for his detailed pencil drawings. The artwork is titled "The Generation of Eagles" and features a group of children symbolizing "harmony." The PAAC recommended (4- 0) to accept the artwork for the City of Southlake and recommended attempting to locate the artwork, with its theme of children in harmony, in the Library. Contact Malcolm Jackson with questions on this item. IOF. ZA04 -031, Consider variance to the Driveway Ordinance No. 634 on property located at the southeast intersection of East Continental Boulevard and South Kimball Avenue. This property is zoned I -1 and is not located in the corridor or residential adjacency overlays, therefore does not require a City Council - approved concept or site plan. The applicant is requesting a variance to the stacking depth requirements for the proposed driveways. A 100 -foot stacking depth is required. A 28 -foot depth is proposed. The variance is being requested to allow better access into the front parking areas. A concept plan and letter from the applicant is included in the staff report. Contact Bruce Payne with questions on this item. OTHER ITEMS OF INTEREST 1. Fort Worth Pass through Impact Fees As you are aware, effective September 2002 (execution date of the uniform agreement for water purchase with Forth Worth), Southlake started collecting impact fees from the new Southlake customers for Fort Worth. Since September 2002, Fort Worth's pass through impact fees for a 3/4" water meter has been $621.23. According to an impact fee study performed for Fort Worth, the maximum allowable impact fee could have been $1,063. The difference between the amount collected from impact fees and the capital required was collected by Fort Worth through annual water rate increase. Fort Worth has now completed another impact fee study which has increased the cost of Water Capital Improvements Program (WCIP) from $76,160,778 in 1999 to $237,252,975 in 2004. These capital costs are for facilities such as treatment plant expansions, pump stations, storage and the relevant engineering studies. In response to such an increase in WCIP, the maximum Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting May 18, 2004 Page 8 of 8 allowable impact fee has increased from $1,063 to $1,840, a 73.1% increase. Contact Pedram Farahnak with questions on this item. :- 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