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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