Item 4BCity of Southlake, Texas
MEMORANDUM
July 14, 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 July
20, 2004
Note: The minutes for the July 13 meeting and the July 20 meeting will be considered at the first
meeting in August. Contact Lori Farwell with questions on this issue.
2A.la Executive Session. Richard W. Hart vs. City of Southlake — City attorney will inform council
on the status of this lawsuit. Contact Shana Yelverton with questions on this item.
2A. lb Executive Session. James Lancaster, et ux v. Gary M. Gordon, et al - The City of Southlake
was named as a defendant and served with the lawsuit on Monday, July 12. The plaintiff, who
owns property on Garden Court, is asserting damages due to the impact of home construction
behind their property. They assert that the improvements "block or impound the natural flow of
surface water." They further assert that the City of Southlake has inversely condemned their
property by "allowing the other Defendants to construct improvements on their property and
divert the surface water so as to flood and damage Plaintiffs property." An aerial map of the
area has been included, FYI. The lawsuit has been forwarded to our insurance carrier and the
City Attorney for review. The City Attorney will advise you on this item at your meeting.
Contact Shana Yelverton with questions on this item.
4C. Financial Report A copy of the report has been included in your packet. Contact Sharen Elam
with questions on this item.
4D. School District Report. Carroll ISD representatives will present a short report to City Council
regarding issues affecting the School District and the City. This item will appear on the
Council's agenda on a quarterly basis and each of the Southlake school districts will be given
the opportunity to address Council in this manner. Contact the Mayor with questions on this
item.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting July 20, 2004
Page 2 of 8
7A -7I. Ordinance Numbers 868 through 876, 2" d Reading, Adoption of International Codes As
previously discussed, Southlake regularly updates building codes for the safety of our residents.
Building services and fire services staff have held meetings with the Building Board of Appeals
(BBA) and meetings with local contractors to discuss the adoption of the 2003 International
Codes. The BBA has unanimously recommended the adoption of the codes and amendments
as discussed in the meetings. The adoption of the 2003 International Codes will adopt nine
ordinances updating the construction and maintenance codes for the City of Southlake to reflect
the 2003 Editions of the International Codes. This will specifically adopt the 2003 editions of
the International Building Code, International Fire Code, International Residential Code for
One- and TWo- Familv Direllirrgs, International Enerw Corrservation Code, International
Plumbing Code, International Mechanical Code, International Fuel Gas Code, Internatio"al
Property Maintenance Code and the 2002 edition of the National Electrical Code. Contact
Rick Black with questions on this item.
8A. Ordinance No. 480 -XX, l Reading, An amendment to Zoning Ordinance No. 480, Section 44,
Board of Adjustment, 1 st Reading, as amended, changing the number of alternate members of
the Zoning Board of Adjustment from two members to four members. This amendment to the
comprehensive zoning ordinance changes the number of alternate members from two to four.
The purpose of this amendment is to make additional members available to the board to cover
seats for which an anticipated absence or a conflict of interest is expected. Due to various
conflicts, some members of the board are unable to attend the pending hearing on the need for
expedited compliance of the Hanson Aggregate (Southern Star) concrete plant located on
Brumlow Avenue. The Planning and Zoning Commission recommended approval as proposed.
Please contact Bruce Payne or Dennis Killough with questions regarding this item.
8B. Ordinance No. 480 -441, l Reading (ZA04 -029) Zoning Change and Site Plan for Lot 1R,
Block 1, Gateway Church Addition The church is proposing to add 94 parking spaces to the
west side of the property and a 2,500 square foot storage and maintenance building. They are
proposing the zoning change from CS to S -P -1, primarily to allow an increase in impervious
coverage from the 65% maximum permitted under the CS zoning district to a maximum of
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting July 20, 2004
Page 3 of 8
70 %. The proposal also limits the permitted principal use of the property to religious
institutions and re- allocates several other uses typically allowed as principal uses under the CS
district to accessory uses in support of the church operation.
Variances are requested for the following:
• Driveway stacking at the terminus of S. Village Center Drive;
• Articulation on the proposed storage building;
• Allowance to exceed the maximum 80% synthetic stucco on the east and west facades
of the proposed storage building.
The Planning and Zoning Commission recommended approval (7 -0) as proposed on July 8,
2004, subject to the site plan review summary 43 dated July 2, 2004, with the following
conditions:
1) Allowing a variance to the vertical articulation requirement on the north and south
facade and requiring that the east and west facades of the 2,500 square foot building
meet articulation standards;
2) Restricting the use of the 2,500 square foot building to storage and site maintenance
only.
3) Granting the variance requested for driveway stacking (site plan review continent 41).
Contact Bruce Payne or Dennis Killough with questions regarding this item.
8C. Ordinance No. 480 -442, l Reading (ZA04 -028) Zoning Change and Site Plan for Southlake
Westwood Office Park located This property is located on the east side of the City's ground
storage tanks on West Southlake Boulevard. The purpose of this request is to receive approval
of a site plan to build three general/medical office buildings totaling approximately 17,915
square feet of floor area. Under the S -P -I detailed site plan district zoning the applicant
proposes 0-1 office district uses and development regulations with the following exceptions:
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting July 20, 2004
Page 4 of 8
Maximum Impervious Coverage — Each individual lot will not be greater than 73%
impervious coverage with the three lots combined not exceeding the 65% maximum
impervious coverage. The maximum impervious coverage allowed per lot is 65 %.
Articulation — The articulation on the buildings shall be allowed as shown on the site
plan and architectural elevations. The styles of the buildings are not conducive to a
more complex elevation design. The wall lengths on the east and west sides of building
V are 36 feet. The maximum wall length permitted is 30 feet.
Parking — The parking requirements shall be met for the entire development as a whole.
Bufferyards — Bufferyards along interior lot lines are not required. Bufferyards are
required along all lot lines.
The following variances are being requested:
Driveway Spacing The minimum driveway spacing is 500 feet from an intersection.
The applicant is requesting a driveway approximately 492 feet for the intersection to the
east.
Common Access A common access easement for a connection to the property to the
east is required along the front of the property. The applicant is requesting a waiver
from this requirement.
The Planning and Zoning Commission recommended approval (7 -0) on July 8, 2004 subject to
the site plan review summary #3, dated July 2, 2004 and the following conditions:
1) Granting the requested variance for driveway spacing along Southlake Boulevard (site
plan review comment #1);
2) Approving the impervious coverage as proposed;
3) Approving the building articulation as proposed;
4) Eliminating the requirement that the southern common access easement be extended to
the east boundary line (site plan review comment #3a). A letter from the adjoining
owner to the east has been received stating that they have no opposition to the
elimination of this access connection;
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting July 20, 2004
Page 5 of 8
5) Allowing the bufferyards as proposed, but requiring that the plant material be placed
elsewhere on the site;
6) Requiring a brick -crete wall matching the wall along the north property line of the
City's adjacent storage tank property in place of the wood fencing;
7) Changing the traffic median shown on the northern end of the Southlake Boulevard
driveway to a mini - roundabout.
Contact Bruce Payne or Dennis Killough with questions regarding this item.
9A. Resolution No. 04 -033, Approving a Local Transportation Project Advanced Funding
Agreement with the Texas Department of Transportation (TxDOT) for construction of
intersection improvements with deceleration lanes along FM 1709 from Jellico Circle West to
Bank Street. In May 1999, the citizens of Southlake approved the Traffic Management Bond
Program. Included in that program was the construction of the deceleration lanes (right turn
lanes) on FM 1709 at the intersections along FM 1709 to facilitate the re- striping of FM 1709
to six travel lanes and a left turn median by TxDOT. Bonds were sold for a portion of the
Traffic Management Bond Program but those bonds did not provide funding for the
construction of the deceleration lanes. The City has completed the design and acquisition of
right of way and easements for the construction.
Staff submitted this project for consideration for funding through North Central Texas Council
of Governments and Federal Highway Administration Congestion Mitigation and Air Quality
Programs (CMAQ) and the project was approved for funding in that program. 80% of the
funding will come from the Federal Highway Administration and 20% from the State. A total
of $2,864,186 has been programmed for the construction.
Completion of this project and the re- striping of FM 1709 to six lanes will accomplish the
following:
• Improved access to businesses along FM 1709
• Allows gaps in flow of traffic so unsignalized side streets can enter FM 1709.
• Provides more green time to cross streets at signalized intersections.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting July 20, 2004
Page 6 of 8
• Reduce demand on Continental Boulevard.
Bonds will not have to be sold by the City to cover the cost of the deceleration lanes but the
City will be required to pay for the modification of the plans and also the cost of relocating
some water lines which will be part of the construction. Exact cost for this is not known at this
time, it is recommended that $500,000 contingencies be allowed for relocation of city utilities
and any other related needs if they arise. Contact Pedram Farahnak with questions on this item.
9B. Resolution No. 04 -055, Appoint a member to the Joint Drug and Alcohol Awareness Committee
to fill the unexpired term of Brad Bartholomew, until May 2005 Due to his recent resignation,
the position held by Brad Bartholomew is now vacant. This item is on Council's agenda for an
appointment to fill Mr. Bartholomew's unexpired term until May 2005. Contact the Mayor or
Lori Farwell for information on this item.
10A. Consider excusing members of the City Council and of the Planning and Zoning Commission
for absences from meetings. There are no absences to report at this time.
IOB. Consider SPO4 -124, Variance to Sign Ordinance No. 704 -B, Fitness In Motion, located at 2707
E. State Highway 114, Suite 110. This business is located in Cornerstone Plaza northwest of
Ultimate Electronics. The applicant is requesting a variance on two attached signs. One faces
the interior driveways of the site and the other faces S. Nolen Drive. The following is
requested:
Front Facing East (Interior Driveway):
Maximum Permitted Proposed
Letter Size 18 inches 27 inches
Area 34 sq. ft. 45 sq. ft.
Rear Facing West (S. Nolen Drive)
Maximum Permitted Proposed
Letter Size 12 inches 18 inches
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting July 20, 2004
Page 7 of 8
Contact Bruce Payne or Dennis Killough with questions regarding this item.
IOC. Approval of minute order pertaining to application of Impact Fee Charges to the Lakewood
Ridge and Indian Creek Subdivisions. A minute order for Council consideration is proposed
according to correspondence from the city attorney regarding the assessment of City of
Southlake and City of Fort Worth impact fees on existing development in the two subdivisions
of Lakewood Ridge and Indian Creek. Contact Bruce Payne with questions on this item.
IOD. Authorize the Mayor to enter into an agreement with Lee Lewis Construction, Inc., as
Construction Manager Agent for the North DPS Facility. Over the last 18 months, staff has
been working with the Crime Control and Prevention District Board on the construction of the
North DPS Facility. In April of this year, RPGA Design Group was selected by the City as the
architect for the project. RPGA produced a Request for Qualification (RFQ) for a construction
manager agent. Ten construction firms responded. A selection committee, consisting of CCPD
board members, city staff, and RPGA architects, reviewed the qualifications and interviewed
candidates. The committee made their recommendation to the CCPD Board and on July 7,
2004, the CCPD approved the funding for Lee Lewis Construction, Inc. to serve as the
construction manager agent. Lee Lewis has just completed service as construction manager
agent for the Garland police facility and was very highly recommended. Contact Rick Black
with questions on this item.
OTHER ITEMS OF INTEREST
1. Following is a list of meetings in which I have participated that may be of interest to you.
Contact me with questions on this item.
• July 7, 2004. Shana Yelverton and I met with Commissioner Whitley and Jane Sandford in
regards to TIF issues.
• July 8, 2004. Sharen Elam and I met with Brian Stebbins and John Terrell in regards to future
Town Square development plans.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting July 20, 2004
Page 8 of 8
• July 9, 2004. I met with Mark Summey, a resident living on Jellico Circle. We don't believe
that the city has any liability in this situation, but I will speak to our field representatives
again in an effort to assist him.
:-
Staff Extension Numbers:
Baker, Ken, Acting Planning Director, 481 -2046
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