Item 4BCity of Southlake, Texas
MEMORANDUM
June 13, 2003
TO: Honorable Mayor and Members of City Council
FROM: Shana Yelverton, Assistant City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting
June 17, 2003
Agenda Item No. 6, Public Forum Ms. Dianne Spradling may request to speak at Public Forum
regarding issues she has with drainage on Pearson Road. For your reference, attached to my memo is a
response letter from Pedram Farahnak to Ms. Spradling. Contact Pedram Farahnak if you have any
questions.
Agenda Item No. 5A. Approval of the minutes of the City Council regular meeting held on June 3,
2003. The minutes are in your packet. Contact Lori Farwell if you have any questions or changes
Agenda Item No. 5B. Cancellation or rescheduling of the July 1, 2003, City Council meeting_ Several
Councilmembers have indicated that they may not be able to attend the July 1 City Council meeting
because the Independence Day holiday falls within this week. A decision will need to be made by the
City Council at this meeting if the meeting date is to be changed or canceled all together in order to
make proper preparations. If you have questions, contact me.
Agenda Item No. 5C. Authorize the City Manager to execute a contract of sale and exchange of
property between City of Southlake and Westerra Southlake, L.P. located on west and south of Dove
Road and west of White Chapel Road. On September 10, 2002, the City Council approved the
developer's agreement for Solana Addition, Lot 1, Block 1 ( Verizon Wireless Network Observation
and Control Center) located on the northwest corner of Dove Road and Kirkwood Boulevard. As part
of the developer's agreement, Verizon agreed to reconstruct and widen Dove Road from where the
state's construction ended through the Kirkwood Boulevard intersection to its ultimate section. The
reconstruction and widening of Dove Road was recently completed.
The roadway will include four travel lanes with a raised median and a left turn lane
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 2 of 10
With Verizon's final plat, sufficient right of way was dedicated along the north side of Dove Road to
accommodate the widening. Sufficient right -of -way is not available along the south side of Dove Road
along property owned by Westerra Southlake, L.P. Staff has negotiated an exchange of property with
the Westerra Southlake, L.P. for right -of -way needed for Dove Road. The City will convey surplus
right of way left at this intersection following the realignment of the intersection of Dove Road and N.
White Chapel Boulevard.
The contract stipulates that the City will exchange four tracts of land, totaling 0.6273 acres, for one
tract from Westerra Southlake, L.P. that totals 1.047 acres. Due to the difference in size of the tracts,
one tract has significantly more value than the four tracts combined. A sketch showing the tracts of
land is attached. The one tract that the city will receive is of greater value than the four tracts that the
city will convey.
Contact Pedram Farahnak if you have any questions
Agenda Item No. 5D. Ordinance No. 835, l reading, abandoning and quit claiming a portion of Dove
Road right -of -way. With the previous item, the City Council will authorize the City Manager to
execute a contract of sale and exchange of property between the City of Southlake and Westerra
Southlake, L.P. The contract calls for abandoning and quit claiming three of the four tracts of right -of-
way at the southwest corner of Dove Road and N. White Chapel Boulevard to Westerra Southlake L.P.
in exchange for a strip of right -of -way along the south side of Dove Road.
Ordinance No. 835 follows through with abandonment and quit claim of these tracts of right -of -way to
Westerra Southlake, L.P.
Contact Pedram Farahnak if you have any questions.
Agenda Item No. 5E. Authorize the Mayor to execute a residential developer's agreement for
Patterson's Pond, a 7.934 acre, 10 lot residential subdivision The final plat for Patterson's Pond
located on N. Kimball Avenue was approved on May 22, 2003. The subdivision has a 400 -foot long
cul -de -sac street and will include the installation of 497 feet of storm sewer, 445 feet of water lines and
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 3 of 10
746 feet of sanitary sewer lines. The development also includes a pond. This is the City's standard
residential developer's agreement and includes no requests for waivers or credits. The developer
desires to pay park fees in the amount of $15,000 in lieu of park land dedication
Contact Pedram Farahnak if you have any questions.
Agenda Item Nos. 7A, 713, 7C and 7D. Concept Plan, SUP and Site Plan, SUP for sale of alcoholic
beverages and a Revised Preliminary Plat for Greenway Carroll located on the southeast corner of
North Carroll Avenue and State Highway 114 The applicant has requested that these items be tabled
until the July 15 City Council meeting.
Agenda Item No. 8A. Ordinance No. 480 -420, (ZA03 -020) Zoning Change and Concept Plan for
Chapel Hill Office Park. This property is located at 205 E. Southlake Boulevard (FM 1709). The
current zoning is "AG', the requested zoning is "S -P -2," with "O -1" office district uses and
regulations. The purpose of this request is to receive approval of the zoning and a concept plan for the
development of eight office buildings.
Under the "S -P -2" site plan district zoning the applicant proposes the following
• Maximum Impervious Coverage The overall site shall not exceed 65% impervious coverage.
However, individual lots shall not exceed 80% impervious coverage.
• Bufferyards Bufferyards along the perimeter site boundary shall adhere to the requirements of
Sections 42 & 43, except that no bufferyards shall be required along lot lines interior to the site.
Variances are requested for the following:
• Stacking Depth Stacking depth for the proposed drive is required to be 75'. The applicant is
showing a stacking depth of 41';
• Driveway Spacing Driveway spacing is 500' for full- access drives on Southlake Blvd (FM
1709). The nearest drive to the west is 355' from the proposed driveway and nearest
intersection to the east is 470';
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 4 of 10
• Street Frontage All lots must front on a street. The applicant proposes lots to front on a common
access easement.
The plan presented to the Planning and Zoning Commission proposed nine (9) office buildings, a
building floor area range of 3,500 SF to 11,800 SF and a total floor area of 55,100 SF. The Planning
and Zoning Commission had concerns about the density of the project, the on -site parking deficiency,
the distance of the parking spaces to the buildings and lack of walkways.
The following changes have been made to the plan since the Planning and Zoning Commission
meeting:
• Eliminated one (1) building in the southeast corner of the site (total of eight buildings
now proposed);
• Building floor area range of 4,000 SF to 16,800 SF;
• Total floor area 55,600 SF (increase of 500 SF).
The Planning and Zoning Commission recommended denial (5 -0) on June 5, 2003. The property
owner to the east is also in opposition to this request. This opposition accounts for approximately 26%
of the surrounding property area within 200' of the site. Due to the recommendation for denial by the
Planning and Zoning Commission and opposition in excess of 20% of the surrounding properties
within 200', the affirmative vote of at least 3 /4th of the members of the City Council (6 of 7) is
required to approve this request.
Contact Bruce Payne or Dennis Killough if you have any questions.
Agenda Item No. 8B. Ordinance No. 480 -386a, (ZA03 -025) Zoning Change and Concept Plan for Lot
3, Block 1, Cornerstone Plaza This property is located on the south side of East Southlake Boulevard
(FM 1709) approximately 600' east of South Nolen Drive, just east of Ultimate Electronics and west of
Snookies. The current zoning is "S -P -2" with limited "C -3" uses; the requested zoning is "S -P -2" with
limited "C -3" uses. The purpose of this request is to receive approval of a revised concept plan for the
development of retail and restaurant uses.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 5 of 10
The following changes to the currently approved zoning and concept plan are proposed:
• Proposes a new development regulation as part of the "S -P -2" zoning:
Residential adjacency standards shall not be required They are asking relief from this
standard because the property to the southwest of the site is designated as "Low Density
Residential" but cannot develop as residential because the property is in the 75 LDN
Airport Overlay. The Cornerstone Plaza will still be subject to the Corridor Overlay
standards;
• Changes the two building configuration into a three building configuration with net increase of
approximately 500 square feet;
• Reconfigures the use distribution on the site by increasing the restaurant space from
approximately 7,000 square feet to 11,500 SF and decreases the retail space from approximately
19,000 SF to 15,000 SF.
• A common access easement connection into the Snookies property to the east is also being
relocated. An agreement has been worked out with the Snookies property owner.
• A variance is requested to allow a 10% reduction of the required number of off - street parking
spaces. The required number of parking spaces is 206 spaces. The applicant is providing 187
spaces.
The uses and other regulations are the same as the current "S -P -2 "zoning.
The Planning and Zoning Commission recommended approval (5 -0) subject to review, specifically
requiring cross - access with east property, adopting regulations and uses as proposed, and granting
variance request of 10% reduction in parking on June 5, 2003.
Contact Bruce Payne or Dennis Killough if you have any questions.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 6 of 10
Agenda Item No. 8C. ZA03 -026, Site Plan for Lot 3, Block 1, Cornerstone Plaza. This is the site plan
for the previous agenda item. Since the site plan as proposed is dependent on the zoning change, this
item has been tabled until the July 1, 2003 City Council meeting (or July 15, 2003 if July 1 is
cancelled), in order to be heard following the second reading of the zoning and concept plan.
Contact Bruce Payne or Dennis Killough if you have any questions.
Agenda Item No. 8D. ZA03 -027, Plat Revision for Lot 3, Block 1, Cornerstone Plaza, being a revision
of Lot 2R2, Block 5, Cornerstone Business Park, and Tract 2, Tract 2C, and a portion of Tract 2AI, T.
Easter Survey, Abstract No. 474, being approximately 3.66 acres. This is the plat for the previous
agenda items. Since the property is already appropriately zoned under the current "S -P -2" district, the
plat is not dependent on the previous agenda items. There are no significant issues with this plat. If the
City Council has no issues with this request, it could be moved to the consent agenda and approved
subject to the P & Z's recommendation.
Contact Bruce Payne or Dennis Killough if you have any questions.
Agenda Item No. 8E. ZA03 -036, Preliminary Plat for Saddlecreek Estates (F.K.A. Quail Hill Estates)
on property described as Lots 1 through 4, Block 1, William H. Martin Survey, and being
approximately 10. 15 acres. This property is located on the west side of Randol Mill Road,
approximately 1,800' south of West Dove Road. The current zoning is "SF -IA." The purpose of this
request is to subdivide the property into four lots, averaging 2.5 acres each, for residential
development. The density is 0.4 dwelling units per acre.
A variance to the requirement that all lots front on a street is being requested. The four lots are
proposed to front on a common access easement. This is similar to what has been permitted in a few
two -lot residential subdivisions and in the commercial developments, Georgetown Park and Pecan
Creek. If approved in this manner, each property owner (or HOA if one is established) shall be
responsible for maintaining emergency access as required by DPS.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 7 of 10
The Planning and Zoning Commission recommended approval (5 -0) subject to review, allowing
requested variance on June 5, 2003.
Contact Bruce Payne or Dennis Killough if you have any questions
Agenda Item No. 9A. Resolution No. 03 -040, Authorizing an Investment Depository First State Bail{
served as the City's bank depository until 2002 when Wells Fargo acquired First State Bank. Currently,
Wells Fargo is performing the duties of the City's depository. Approval of this resolution is a
requirement of the bank's auditors. This is a housekeeping item that could be moved to the consent
agenda. Contact Sharen Elam with any questions related to this agenda item.
Agenda Item No. 9B. Resolution No. 03 -041, Authorizing the he application for participation in
TexSTAR The city has invested funds in TexPool for many years. The addition of new pools has
created the opportunity to manage funds more actively to gain the best rate of return, within the limits
of the city's investment policies. Texas Short Term Asset Reserve Program "TexSTAR" is an
investment pool to provide for the joint investment of participants' public funds and funds under their
control. To open an account and appoint authorized representatives, TexSTAR requires that the city
Council approve the Resolution No. 03 -041. Staff is submitting this resolution for approval to
provide the city with an additional investment option emphasizing safety and liquidity. Contact
Sharen Elam with any questions related to this item.
Agenda Item No. 9C. Resolution No. 03 -042, Authorizing the he application for participation in MBIA
This item involves an opportunity similar to that described in the previous agenda item. MBIA Texas
Class Investment Pool "MBIA" is an investment pool to provide for the joint investment of
participants' public funds and hinds under their control. To open an account and appoint authorized
representatives, MBIA requires that the City Council approve the Resolution No. 03 -042. Staff is
submitting this resolution for approval to provide the city with an additional investment option
emphasizing safety and liquidity. Contact Sharen Elam with any questions related to this item.
Agenda Item No. 10A. Authorization to enter into an interlocal agreement with St. Martin's- in -the-
Field Episcopal Church for practice ballfields The city has had a successful history of interlocal
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 8 of 10
agreements for land use with St. Martin's -in -the -Field Episcopal Church. The city operates under two
agreements in place with St. Martin's for the use of four acres for practice soccer and baseball fields.
The city received formal notification from the Church of their intent to terminate within six months the
interlocal agreement for the two acres located along South Pearson Lane in preparation for the
expansion of their facility. This results in the loss of two practice soccer fields. The remaining
interlocal agreement for the two acres north of Chesapeake Park containing the practice baseball field
continues.
The Church has agreed to allow the city to use an additional two -acre site to the north of Chesapeake
Park (contiguous with the park and the remaining leased area) to allow for the relocation of the
practice soccer fields. In return, within two years from the effective date of the proposed agreement,
the city would be responsible for clearing the proposed site, providing appropriate grading and
drainage, and irrigating the area. The site improvements (clearing, grading, and irrigation) are
estimated to cost approximately $15,000, with anticipated funding being available in the FY 2003 -04
SPDC Fund (Special Projects). The city would also assume regular maintenance, however, at
approximately two acres, the proposed lease site is comparable in size to the area which will be lost.
Once established, the new area will require no additional on -going maintenance than what is already
being provided. The Parks and Recreation Board reviewed and recommended approval (6 -0) at their
June 9, 2003 meeting. We see this as an excellent opportunity to continue providing much needed
practice space for the growing youth sports associations. Contact Malcolm Jackson if you have any
questions.
Agenda Item No. IOB. Authorization of a variance to Sign Ordinance No. 704 -A for PETsMART
located at 200 Village Center Drive Greg Davis of Thomas Sign and Awning, on behalf of
PETsMART located at 200 Village Center Drive, is requesting a variance to install a 29 sq. ft. oval
sign depicting the "PETsHOTEL" logo. This would increase the number of signs at this site to a total
of five and would increase the overall sign area from 300 sq. ft. to 329 sq. ft. The previous four signs
were approved under Sign Ordinance 506 which did not limit the number of signs. The allowable area
under Ordinance 506 when the previous signs were installed was 279 sq. ft. and was increased to 300
sq. ft. by a variance to install a horse logo in 1998. Allowable area under the present Ordinance 704 -A
provision is 140 sq. ft. Contact Rick Black with questions or continents.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 9 of 10
OTHER ITEMS OF INTEREST
DPS Life Saving g tory On Sunday May 11, 2003, the Department of Public Safety responded to the
apparent drowning of a 22 month old girl at 103 Braddock Court. The call was received at 17:33 hours
and was dispatched by Communicators Dena Morgan and Michelle Yeaman less than a minute later.
The first officers arriving entered the back of the residence to find the child in the floor of the living
room with the father attempting CPR. It was apparent that the father's efforts had not been successful.
Officer Roger's took over CPR attempts at that point. Officer Fulgium assisted and attempted to calm
family members. Approximately three to four minutes later, PSO Letz arrived and took over patient
care. While still gasping, she was breathing on her own and her color was improved.
Engine 402 from West DPS, crewed by Engineer K.J. Van Natta, Firefighter Michael Fruci, and
Firefighter Jose Espinosa, arrived shortly thereafter and took over patient care. Medic 401 from East
DPS, crewed by Firefighters Kelly Clements and Trey Porter, arrived and immediate attempts were
begun to establish a better airway while awaiting Careflite. The child was entubated to facilitate
breathing and oxygen was provided as her color returned. Shortly thereafter Careflite landed in the
middle of Braddock Court and the child was flown to Cook Children's Hospital in Fort Worth.
Malorie Mequary, age 22 months, recovered completely.
The child is from Tulsa, Oklahoma and was visiting grandparents. The team effort of the members of
the Department of Public Safety that responded to this critical incident, from the communicators who
received and dispatched the call, to the officers who arrived and provided CPR, to the Firefighters and
Medics who continued critical patient care, enabled this child to survive. All of the members of the
department involved in this initial response and patient care contributed to the overall success of this
rescue. Each of these members is awarded the Life Saving Award for their actions in this rescue.
Contact Rick Black with any questions.
Lakewood Ridge hearing on AquaSource's water service certification. As you may recall, a
preliminary hearing was held on June 3 in Austin before the State Office of Administrative Hearing.
Judge Sharon Cloninger, an Administrative Law Judge (ALJ), resided over the case.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 17, 2003
Page 10 of 10
The main purpose of the preliminary hearing was to determine which parties are allowed to participate
in the hearing process (party status) and determine a schedule to conduct the process toward the final
hearing and the final hearing date. Pedram Farahnak was present at the meeting as well as Susan
Quinn, a resident of Lakewood Ridge. Ms. Quinn's presence at the hearing was invaluable and added
support to the City's position in this issue. Carolyn Sims with Representative Vickie Truitt's office
was also in attendance at the hearing. As a result, the City and 14 homeowners in Lakewood Ridge
were granted party status to be heard in determination of AquaSource's application for service
certification. A tentative date for the final hearing was set for January 27 -30, 2004.
Contact Pedram Farahnak if you have any questions
SKY
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