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