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Item 4BCity of Southlake, Texas MEMORANDUM March 28, 2003 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 April 1, 2003 Agenda Item No. 5A. Approval of the minutes of the City Council regular meeting held on March 18, 2003. The minutes are provided in your packet. If you have any questions or comments, contact Lori Farwell. Agenda Item No. 5B. ADDroval of Sebtember 30. 2002. Combrehensive Annual Financial Rebort. City Charter requires the City to have an independent audit performed by a Certified Public Accountant at the close of each fiscal year. Weaver and Tidwell L.L.P., Certified Public Accountants, performed the audit for fiscal year 2002. The audit was not finalized for distribution by the close of business on Friday; however, a copy will be provided on Tuesday. Terry Ford, Partner, will present the audit report on Tuesday night. The auditor issued what is called a "clean opinion," which means that we are doing well overall. If you have any questions, please contact Sharen Elam. Agenda Item No. 5C. Authorize the City Manager to enter into a Settlement Agreement with David A. Gray. The Grays have apparently agreed to settle, although we do not yet have the final documents. We expect to have all of the information at Tuesday's meeting and have placed the item on the agenda so you can act on it at that time. Let Shana Yelverton know if you have any comments or questions. Agenda Item No. 7A. Resolution No. 03 -021 (ZA03 -013) Specific Use Permit for Southlake Town Square for single - family residential attached dwelling units in Southlake Town Square, Phase IV This property is located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of SH 114. The purpose of this request is to allow up to 115 single family attached residential units on approximately 13.8 acres. There are a total of 127 lots consisting of 97 residential lots, 18 optional (residential or commercial lots) and 13 common areas. The optional lots must be designated as residential or commercial lots at the time of building permit. If they are to be designated as commercial lots, a site plan approval by the City Council, preceded by a recommendation by the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 2 of 13 P &Z will be required. Once designated as a residential or commercial use, P &Z and Council approval will be required to change the use. The plans submitted are compliant with the "DT" Downtown district regulations and design guidelines. The Planning and Zoning Commission recommended approval (6 -0) on March 6, 2003. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7B. Ordinance No. 480 -224a, 2 nd Reading (ZA02 -042) Zoning Change and Concept Plan for Southlake Town Square WITHDRAWN BY THE APPLICANT. Agenda Item No. 7C. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central Avenue WITHDRAWN BY THE APPLICANT. Agenda Item No. 7D. ZA02 -044, Preliminary Plat for Southlake Town Square, Phase IV. This is the preliminary plat containing the residential "brownstones." It also includes the six -acre park, shown as Block 22 and a 5.5 acre block fronting SH 114, shown as Block 19. No immediate plans for development of Block 19 are proposed. It has been included to address the changes in its boundary due to the "brownstone" proposal. The Planning and Zoning Commission recommended approval (6 -0 -1) (Standley) subject to Preliminary Plat Review Summary No. 2, dated May 17, 2002, on May 23, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7E. Ordinance No. 480 -337b, 2 nd Reading (ZA03 -008) Zoning Change and Concept Plan for Gateway Plaza, Phase II, Wyndham Plaza. This property is located on the northwest corner of the intersection of East Southlake Boulevard and North Nolen Drive. The current zoning is "AG" Agricultural District and "S -P -2" General Site Plan District. The requested zoning is "S -P -2" General Site Plan District. The purpose is to revise the currently approved concept plan and add the one acre Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 3 of 13 "AG" zoned property to the west of the site (between Gateway Plaza II and Liberty Bank) to the Gateway Plaza Phase II zoning boundary. The following variances are being requested: • Internal Storage (stacking) — Stacking for Drive `A' was approved at 44' -6" and stacking for Drive `C' was approved at 41' -4" on the previously approved plan. The applicant is requesting 38' of stacking for Drive `A' and 30' of stacking depth for Drive `C'. • Landscape Parking Islands — Landscape parking islands must be provided at 20 per parking stall and a minimum size of 12' wide and equal to the depth of the parking stall. The applicant is requesting a waiver from the required number of landscape islands and be allowed the use of larger islands as shown on the concept plan. The Planning and Zoning Commission approved this item (5 -1), (Stansell) subject to review and granting the requested variance in stacking on March 6, 2003. The City Council approved on first reading (7 -0) on March 18, 2003. There have been no changes since City Council's first reading. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7F. ZA03 -012, Site Plan for Gateway Plaza, Phase IL Wyndham Plaza. This is the site plan associated with the previous agenda item. The site plan is identical to the concept plan and includes the building elevations. A variance to articulation requirements on the west wall of Building 12 and the east wall of Building 13 is requested. The applicant is also requesting that concrete tilt wall with a synthetic stucco texture be permitted on various portions of the buildings. The corridor overlay regulations prohibit the use of tilt wall. However, where the tilt wall has been given an exterior textured stucco finish, it has been allowed in several locations, including Gateway Plaza. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 4 of 13 The Planning and Zoning Commission recommended approval (5 -0) subject to review and approving variances as requested, on March 14, 2003. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7G. ZA03 -011, Site Plan on property described as Southlake Corners, Lot 2A, Block 1, Farrar Addition. This is a site plan proposal for re- development of the Wal -Mart site. The plan proposes a 111,000 sf, three anchor main building, reusing a portion of the existing building, and a 25,000 sf retail building at the southeast corner of the property, and a 19,000 sf retail building at the northeast corner of the property. The applicant is requesting the following variances: • Driveway Stacking: The required stacking depth per driveway is 100'. The applicant is proposing the following stacking depths: ► Drives 1 & 2 (SH 114): 43' ► Drives 3, 4 & 5 (FM 1709) : 75' • Driveway Spacing: The required spacing between a full - access driveway and a service driveway is 250'. The applicant is proposing the new drive on E. Southlake Boulevard (Drive 4) to be approximately 230' from the existing drive to be used as a service drive. • Building Articulation: A variance for the required minimum 10' screening wall for loading docks on the south side of the building facing Southlake Boulevard is being requested. The applicant is installing a loading dock and compactor inside the existing wall and structure. The entry to the docks will be open, facing Southlake Boulevard. The applicant is requesting a variance from the articulation requirements for the west and south fagades of the main building due to the proposed construction being an addition to an existing project that does not meet the requirements of this ordinance. All new fagades comply with articulation requirements. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 5 of 13 The applicant is also requesting up to a 10% variance on the required parking. This would provide for a restaurant tenant, having up to 7,700 square feet, in one of the proposed retail spaces without having to provide additional parking spaces. The Planning and Zoning Commission recommended approval (5 -0) subject to review and specifically approving variances for driveway spacing, stacking depth, articulation, loading dock, and requiring right in/right out on driveway #5. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7H. Ordinance No. 836, 2nd Reading, Approval of Industrial Wastewater Ordinance for the City of Southlake for compliance with applicable state and federal regulations This ordinance will enable the Trinity River Authority's (TRA) Regional Publicly Owned Treatment Works (POTW) to comply with all applicable state and federal laws including the Clean Water Act (CWA) and the pretreatment regulations included in the 40 Code of Federal Register (CFR). The objective of this ordinance is to: 1. Prevent interference with operation of POTW 2. Prevent passage of pollutants through POTW and into local, state and federal waste ways. 3. Ensure superior quality of sludge intended for recycling and reuse for beneficial purposes. 4. Comply with the requirements of the National and the Texas Pollution Discharge Elimination System permits. On September 24, 2002, the Texas Commission on Environmental Quality (TCEQ) confirmed compliance and made final comments on the TRA's proposed Industrial Pretreatment Program in connection with that agency's regional wastewater treatment plant located in Grand Prairie, Texas. The pretreatment program is required by the Federal Clean Water Act Program, 40 Code of Federal Regulations, Chapter 403.8 (b) and 403.9 (b) and is administered by the United States Environmental Protection Agency and the TCEQ. The pretreatment program is required for maintenance and renewal Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 6 of 13 of TRA's /Southlake's National Pollution Discharge Elimination System ( NPDES) permits which became effective on July 1, 1995. The NPDES permit is required in part to develop the upper limits for the waste discharge parameters for all partner cities (also known as the technically based local limits) toward meeting the surface water quality standards. City Council approved Ordinance No. 836 on first reading March 18, 2003. The Public Works annual operating budget provides funding for this program. If you have any questions, contact Pedram Farahnak Agenda Item No. 7I. Resolution No. 03 -024, Endorsing the implementation of a continuing Pretreatment Program as required by 40 Code of Federal Regulations (CFR) 403 for the Central Regional Wastewater System On March 18, 2003, the City Council unanimously approved first reading of Ordinance No. 836, Industrial Wastewater Ordinance for the City of Southlake. The purpose of Ordinance No. 836 is compliance with the Federal Clean Water Act, 40 CFR 403. The objective of Ordinance No. 836 is to enable the Publicly Owned Treatment Works (POTW) to perform at optimum level, improve quality of sludge for beneficial use; and meet the permit parameters of the National and Texas Pollution Discharge Elimination System. Resolution No. 03 -024 confirms City Council's commitment for continuing Pretreatment Program for protection of POTW and a cleaner environment. This resolution is required by federal law to ensure the City's commitment to fund the program. Currently the City has no industrial users so the budget impact will be minimal. The Trinity River Authority includes pertinent charges for this work, if required, in their monthly billing to the Public Works annual operating budget for wastewater maintenance. If you have any questions, contact Pedram Farahnak. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 7 of 13 Agenda Item No. 8A. Ordinance No. 480 -TT, l Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Planned Unit Development District ( PUD). During the discussions and work session held by the City Council on the Southlake Town Square request for residential brownstones, a concern was raised regarding the ability to request ancillary uses within the Planned Unit Development Districts (i.e. residential uses in a NRPUD and commercial uses in a RPUD). At that time, the regulations for PUDs permitted an applicant to request up to 10% of the land area within the PUD boundary to have ancillary uses. The City Council approved an amendment to the PUD regulations (480 -RR) removing this provision on November 19, 2002. Following more discussions on the Southlake Town Square residential brownstones, additional concerns were raised about the ability to make future requests for attached, townhouse, or apartment type residential units within the RPUD zoning district. The City Council directed staff to bring forward an amendment removing language regarding these types of structures and to add language limiting the RPUD district to single - family, detached type residential units. Staff was also asked to include a minimum lot area provision for RPUD. A RPUD comparison matrix is included in this packet for purpose of the lot size discussion. This amendment also removes some language regarding ancillary uses and mixed use type development that no longer applies following the removal of ancillary use provisions. The Planning and Zoning Commission recommended denial (6 -0) on February 6, 2003. Their reasons were as follows: 1) they did not see any issues specific to the R -PUD that created a need for such changes to be made; 2) they stated that the brownstone issue was separate and distinct from the RPUD and therefore should not be tied to making such changes; and 3) they noted that such changes should be considered in a comprehensive fashion (in the way that the MH study was done). They also noted that suggested changes to the city's PUD standards should be made in light of the results of the Southlake 2025 planning effort, which would provide a solid land planning basis for making changes. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 8of13 A super- majority vote in the affirmative by the City Council (at least 3 /4 of all members) is required to overrule the P &Z` s recommendation for denial of this request. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 8B. Ordinance No. 480 -294a, 1 st Reading (ZA02 -124) Rezoning and Concept Plan for Harris Methodist Southlake This property is located on the south side of E. Southlake Boulevard, approximately 1500' east of Carroll Avenue. The proposed "S -P -2" Generalized Site Plan District zoning includes all "O -1" Office District Uses and ambulatory surgery, imaging center, short stay beds and associated services, medical - related retail (such as pharmacy and durable medical goods) and allows up to 43 covered parking spaces as shown on the concept plan (east side of building). The zoning will follow the "O -1" Office District Regulations except for impervious coverage which is limited to a maximum of 66 %. The maximum "O -1" impervious coverage is 65 %. The northern portion of the building is two stories and the southern portion is one story. Phase one consists of approximately 31,000 sf of hospital (6 beds) and 50,000 SF of medical offices. Phase two will add approximately 45,000 sf of additional medical offices. The P &Z recommended approval (7 -0) on February 20, 2003 subject to review, specifically denying request for driveway variance, and approving uses and regulations as proposed. Since the P &Z action on this item the applicant has come to agreement with the adjoining property owner on the east for a common driveway and is no longer requesting a driveway variance. The property owner to the west has submitted opposition to this request. This opposition exceeds 20% of the surrounding properties within 200' of this site and invokes a super- majority vote requirement on the property. The reasons for the opposition were not stated in the letter. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 9 of 13 Agenda Item No. 8C. ZA02 -125, Site Plan for Harris Methodist Southlake. TABLED TO THE APRIL 15, 2003 CITY COUNCIL MEETING. Agenda Item No. 8D. Ordinance No. 480 -418, I st Reading (ZA03 -009) Zoning g han e for a portion of the property located at 1660 West Continental Boulevard. The purpose of this request is to receive approval of a zoning change request from "RE" Single Family Residential Estate District to "SF -20A" Single Family Residential District on a 0.90 acre portion of the total 6.4 acre site to allow for construction of a home for a family member. The Planning and Zoning Commission recommended approval (5 -0) on March 20, 2003. A preliminary plat for this item will be before you at the second reading. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 10A. Approval of 2003 Community Services Agreement with the Southlake Historical Society (SHS). The Southlake Historical Society (SHS) has recently requested a limited amount of assistance from the City with their efforts in preserving Southlake's historical information. In order to be perfectly clear on the expectations and duties of all parties involved, staff recommends entering into a Community Services Agreement very similar to the ones we have with other volunteer groups, such as Keep Southlake Beautiful. The SHS proposes to serve as the city's main point of contact for the awareness, promotion, and clearinghouse for items of historical significance to Southlake. Their request consists of the City's agreement to post information on the City of Southlake website for promotion and awareness, meeting dates and times, requests for assistance, and similar notices, as well as limited storage space set aside in a secured area on a temporary basis for the storage of historical items. It is important to note that no expenditure of funds is requested. The proposed Community Services Agreement would be the first entered into by the city and the SHS. Please call Director of Community Services Malcolm Jackson at Ext. 1527 with any questions. OTHER ITEMS OF INTEREST Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 10 of 13 Candlelight Ceremony Southlake Town Square and the City of Southlake will host a candlelight ceremony to honor America's active and reserve service men and women, and their families on Friday, April 4, 2003 at 7:00 p.m. on the steps of Town Hall. The brief program will feature performances by children's choirs and a local high school senior soloist, presentation of colors by a local Boy Scout troop, and keynote remarks by Colonel Bill Brandt and Admiral James Lair, both Southlake residents. The evening will conclude with candlelight and a moment of silence. (See flyer provided by Cooper and Stebbins.) CISD Joint Use. On March 25, 2003 the Community Service Department met with CISD representatives to discuss joint use issues. In an effort to assist CISD with the consolidation of school facilities in order to save operational funds and to improve efficiency and effectiveness of all operations for the summer of 2003, the City has jointly agreed to modify its original requests for the summer schedule. The realignment includes moving programs from Eubanks Intermediate School to Rockenbaugh Elementary. The agreed upon move allows CISD to filly close a larger facility during the summer months and use a smaller facility which is more energy efficient. If you have any questions, contact Malcolm Jackson. Lonesome Dove Rehabilitation North of Dove Street Tarrant County has completed rehabilitation of a 700 -foot segment of Lonesome Dove just north of Dove Street. Tarrant County completed the project on time and we are very pleased with the quality of work. The construction of this segment had to be expedited due to a number of complaints from the area residents. Tarrant County is now ready to move to Union Church Road in mid -April and complete rehabilitation of an approximate 7,400 -foot segment from Davis to FM 1709. The City staff is carefully monitoring the budget to ensure it remains within the Council approved limits As a result of the Council's award of a drainage project in February, a drainage box culvert will soon be installed on the north side of Dove Street and Lonesome Dove. As you recall, the area residents for many years have asked for relief from street flooding in that area. This box culvert should eliminate a major part of that problem. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 11 of 13 If you have any questions, call Pedram Farahnak. Limited traffic study for a section of Timarron Subdivision south of Continental Boulevard. Due to a request by the Timarron Homeowners Association Board, the Public Works Department conducted a limited analysis (Figure 1) of the existing traffic conditions directly related to cut - through traffic and speeding within Timarron Subdivision. For your information, we have included a limited number of pages from the analysis. The full report consists of 45 pages and it is available for your review. Copies of this report will be sent to Timarron HOA management staff next week. The analysis showed that the maximum daily traffic count on Continental, just west of Strathmore was 12,962. The corresponding maximum daily traffic on Brumlow, south of Warwick Way was 11,404 (Figure 4). The analysis identified a total count of 81 vehicles as a potential cut - through from Strathmore Drive, Byron Nelson Parkway and Champions Way to Warwick Way. These 81 vehicles represent a small portion of the total maximum daily traffic on Continental Boulevard during the morning peak from 7:30 -8:30 A.M. The potential cut - through from Brumlow onto Warwick to Strathmore Drive, Byron Nelson Parkway, and Champions Way during a.m. and p.m. peaks were negligible during morning and afternoon peak traffic. The analysis indicated that the Continental Boulevard and Carroll Avenue / Brumlow Avenue intersection configuration, incorporating the lower speed of 20 mph during morning traffic peak caused an additional average delay of just under 2 minutes for east bound traffic. Therefore, by cutting through Timarron streets, an estimated time savings of approximately one and one half minutes could be realized. The analysis concluded that: Motorists use the streets within the Timarron subdivision for a cut - through movement, primarily during a.m. peak hour conditions. No specific traffic calming measures were identified or recommended for controlling cut - through movements in Timarron. The intersection of Continental Boulevard and Carroll / Brumlow could operate much more efficiently by addition of an east bound right turn lane. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 12 of 13 All way stop sign at the intersection of Byron Nelson Parkway and Champions Way did not meet warrants. There was not a speeding problem identified on Waltham Drive. • Valid reasons do not exist for reducing the posted speed limits on the roads within Timarron subdivision from 30 to 25 mph. The most cost effective recommendation to facilitate traffic at the intersection of Continental Boulevard /Carroll AvenueBrumlow Avenue is to add an east bound right turn lane to this intersection and monitor traffic volumes to see if /when signal installation is warranted or other means such as a roundabout is required. Unless Council expresses an objection, Public Works staff plans to include the addition of this lane as an alternative to the S. Kimball street widening project for Council's consideration during award of construction contract. Please contact Pedram Farahnak if you have any questions. Also attached to my memo (hard copy only) • Separate memo from me concerning the agreement between the City and Sandra LeGrand • Letter from our attorneys concerning personal e -mails and a recent AG opinion. 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, Director of Human Resources, 481 -1527 Jackson, Malcolm, Director of Community Services, 481 -1527 Killough, Dennis, Senior Planner, 481 -2073 Last, Greg, Director of Economic Development, 481 -1671 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting April 1, 2003 Page 13 of 13 Payne, Bruce, Planning Director, 481 -2036 Polasek, Steve, Deputy Director of Community Services, 481 -1543 Yelverton, Shana, Assistant City Manager, 481 -1429