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Item 4BCity of Southlake, Texas WI u•;:►IMMu January 3, 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 January 7, 2003 REMINDER: The work session to discuss Downtown zoning district is scheduled for Monday, Jan. 6, at 6:00 p.m. in Training Room 3C and 3D. Agenda Item No. 5A. Approval of the minutes of the City Council regular meeting held on December 17, 2002 The minutes are included. If you have any questions, contact Lori Farwell Agenda Item No. 5B. Authorize the Mayor to enter into a lease agreement between Harley- Davidson of Dallas and the City of Southlake for ten police traffic motorcycles. The Southlake Department of Public Safety utilizes ten Harley - Davidson motorcycles for traffic enforcement and response to accidents and other calls for service. Our analysis indicates that it is more cost effective to lease these vehicles with maintenance included in the contract than to purchase and maintain them internally. Harley- Davidson of Dallas was the only bidder because of the inclusion of maintenance in the agreement. Our current lease, also with Harley - Davidson of Dallas, expired on January 1, 2003. The bid of $299.00 per month is the same cost per month as last year's contract. These ten motorcycles reflect an increase of three due to the addition of three traffic officers this year. The total cost of the lease is $35,880.00 for the year. Contact Rick Black with any comments or questions. Agenda Item No. 5C. Authorize the Mayor to execute a commercial developer's agreement for Town Square, Block 23, a 4.65 acre site located in the southeast corner of Town Square The final plat was approved for Town Square, Block 23 on January 31, 2002. The developer is installing 300 linear feet of waterline, 650 linear feet of sanitary sewer line, 624 linear feet of underground storm sewer and 335 linear feet of public street. The developer's agreement covers the construction of all these public improvements. This proposed agreement is similar to the developer's agreements for Town Square Phase I and II in that the City agrees to pay to the developer 40% of the cost of all public streets, sidewalks, landscaping Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 7, 2003 Page 2 of 10 and associated streetscape improvements in an amount not to exceed $165,000. The developer requests that the City's payments to developer be met from available TIRZ tax revenue commencing with the tax year beginning January 1, 2004. However, should there be insufficient TIRZ tax revenue from Southlake Town Square to meet the payment obligation to developer under Phase I, Phase II and Block 23, a combination of the TIRZ tax revenue, the personal property tax revenue, and sales tax revenue from Block 23 will be used for the payment. These are basically the same conditions as set up in the developer's agreements for Phase I and Phase IL In Phase I, the developer dedicated 1.755 acres for the Band Shell Park. The requirement for Phase I was 0.84 acres. The Park Board recommended that the developer be allowed to carry over the excess dedication (0.9 acres) to be applied to future phases. The developer was allowed to use 0.16 acres in Phase II and carry over 0.74 acres. Block 23 requires 0.07 acres to be used from the 0.74 leaving 0.67 acres to carry over to future phases. If you have any questions, contact Pedram Farahnak. Agenda Item No. 5D. Ordinance No. 480 -224a, 2" d Reading (ZA02 -042) Zoning Change and Concept Plan for Southlake Town Square, Agenda Item No. 5E. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, and Agenda Item No. 5F. ZA02 -044, Preliminary Plat for Southlake Town Square, Phase IV. These items have been placed on the consent agenda table until the City Council meeting to be held January 21, 2003 awaiting the outcome of the work session to be held on January 6, 2003 for the "DT" Downtown District. If you have any questions regarding these items, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7A. Ordinance No. 837, 2 " Reading, Appointing an Alternate Municipal Judge and authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date On October 15, 2002 the Southlake City Council formally accepted the resignation of Associate Judge Andrew Wambsganss. The Council then met with Judge Carol Montgomery on November 5, 2002, and tasked her with narrowing the list of prospective alternate judge applicants to three candidates. Judge Montgomery met with all known applicants and recommended three candidates be considered for the Alternate Judge's position. On December 17, 2002, Council approved Ordinance No. 837 on first reading, appointing Mr. Gary Lee Hach as Alternate Municipal Judge. The agreement is included with the ordinance as Exhibit A. If you have any questions contact Sean Leonard or Sharen Elam. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 7, 2003 Page 3 of 10 Agenda Item No. 7B. Resolution No. 03 -005, (ZA02 -100) Specific Use Permit for sale of alcoholic beverages at Po Melvin's Down Home Cooking, Inc. The property is located at 355 N. Carroll Avenue, on the east side of North Carroll Avenue approximately 300' north of Prospect Street. This restaurant will be located in the space formerly occupied by Cactus Flower Caf6 and the Wild Birds Center. The Cactus Flower Caf6 had a SUP for alcohol sales with a ten (10) year limit. However, the Specific Use Permit expired since the Cactus Flower closed and ceased the use for a period in excess of six (6) months. The Planning and Zoning Commission recommended approval of the SUP (7 -0) on December 19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7C. Resolution No. 03 -006, (ZA02 -106) Specific Use Permit for the sale of tires, batteries and automobile accessories at Car Toys. The property is located at 2171 E. Southlake Boulevard. This is the most western building of the Lone Star Commons (formerly Dallas Foam), east of the Gateway Church. The purpose of this request is to receive approval of a specific use permit for "tires, batteries and automobile accessory sales" as required by the Corridor Overlay Zone (Section 43.6) regulations. The applicant has limited their request to automobile accessories (i.e. mobile electronics). There are no changes to the approved site plan necessary by this request. However, you may note that the plan included in your packet has been updated to reflect the cross access drive with the Gateway Church and the relocation of the eastern driveway in accordance with the recently approved master thoroughfare plan amendment. The Planning and Zoning Commission recommended approval on December 19, 2002, (6 -0), limiting the specific use permit to Bldg. A for the sales and installation of mobile electronics, wireless phones, and DTV, and subject to letter Attachment "C" regarding the SPIN meeting summary. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7D. Ordinance No. 480 -411, 1 St Reading (ZA02 -107) Zoning Change for Pecan Creek. The property is located at 711 E. Southlake Boulevard, east of the Villages at Timarron, and is part of the Pecan Creek retail and office concept plan that was approved in October of 2001. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 7, 2003 Page 4 of 10 approved concept plan contained a "C -2" retail lot at the northwest corner of the property with "O -1" office on the remaining lots. The developer has reduced the size of the original "C -2" lot boundary, leaving a portion of "C -2" zoned property in the adjoining "O -1" lot boundary. Since two zonings cannot be within one lot (known as split lot zoning) a change to "O -1" is required. This request does not make any other significant changes being made to the original concept plan. An exhibit showing the proposed boundary change is included as Attachment `C' in your packet. The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7E. ZA02 -051, Site Plan for Pecan Creek. This is the site plan for the "C -2" retail lot in the Pecan Creek development, east of Villages at Timarron. The original concept plan proposed a single pad site of approximately 10,000 square feet of retail /restaurant use. The site plan proposes two single story retail /restaurant buildings totaling approximately 11,000 square feet. The buildings and parking areas are generally within the building area established by the original concept plan. It appears this plan conforms to the original concept plan. One of the buildings is under 6,000 square feet which requires that it have a pitched type roof. The applicant is requesting a variance to this requirement so that they may better match the building with the architecture of the buildings in Villages at Timarron and with the other retail building on this site that does not require the pitched roof. The Planning and Zoning Commission recommended approval (7 -0) subject to review on December 19, 2002 allowing the requested variance for the pitched roof. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 7F. Resolution No. 03 -004, (ZA02 -099) Specific Use Permit for the sale of alcoholic beverages on property described as a portion of Lot 2A & 213, Dilg Place. This is a request to allow sale of alcoholic beverages within Building 2 shown on the site plan of the previous agenda item. The applicant, O & W Wine Cellars, proposes a retail wine store for sale of packaged wines and food products. A brochure describing their business is included as Attachment `G' in your packet. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 7, 2003 Page 5 of 10 The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 7G. ZA02 -052, Preliminary Plat for Pecan Creels on property described as Lots 2A, 2B, and 2C in Dilg Place and being approximately 9.88 acres This is the preliminary plat for the previous agenda items and the remaining office pads to the south. There are no unresolved issues regarding this request. The applicant has agreed to make the necessary changes noted in the staff review summary. The Planning and Zoning Commission recommended approval (7 -0) subject to review on December 19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 7H. ZA02 -054, Plat Vacation for Lots 2A, 213, and 2C, Block 1, Dilg Place located at 711 East Southlake Boulevard (FM 1709), and being approximately 10 acres The purpose of this request is to vacate the remaining lots of Dilg Place to allow filing of new final plats in connection with development of Pecan Creek. The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 8A. Ordinance No. 480 -411, 1 St Reading (ZA02 -089) Zoning and Concept Plan for Shady Oaks Development The property is located at 606 West Southlake Blvd. and is the four acre tract at the northwest corner of Shady Oaks Drive and West Southlake Blvd. The current zoning is AG. The original zoning request was for 0-1, but was amended by the applicant to S -P -2 with 0-1 uses and regulations during the first hearing before the P &Z. The concept plan proposes seven single -story office buildings between 5,000 and 6,000 square feet each, totaling approximately 40,500 square feet. Variances for driveway spacing along Southlake Boulevard (500' spacing required, 455' provided) and to allow a commercial driveway onto a collector street (Shady Oaks Drive) are being requested. The driveway onto Shady Oaks was included at the recommendation of staff Since the Shady Oaks Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 7, 2003 Page 6 of 10 intersection is controlled by a traffic light, access to this intersection would better serve traffic movements than a single drive onto Southlake Boulevard. Staff has also required a common access easement across the property that would allow future development to the west access to the controlled intersection rather than being fully dependent upon access to Southlake Boulevard. Color photos showing the types of design themes the applicant will be selecting from are included as part of Attachment `H' in your packet Note that this request does not comply with the recommendations of the Land Use Plan. The Land Use Plan recommends Low Density Residential development for this area. This category is for detached single family development with a density of one or fewer dwelling units per acre. Other suitable land uses for this category are parks, open space or semi- public uses. The Low Density Residential category does not include office or retail commercial uses. A justification for approving zoning contrary to the Land Use Plan is included in a letter from the applicant as part of Attachment `C' in your packet. If the Council approves this zoning change, justification should be included in the motion. The Planning and Zoning Commission recommended denial (7 -0) on December 19, 2002. Due to the recommendation for denial by the Planning and Zoning Commission, a super majority vote in the affirmative (3/4 of the all the members of the City Council) is needed if this request is to be approved. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 8B. Ordinance No. 480 -412, l Reading,(ZA02 -097) Zoning Change for Tract 2AIA, A.A. Freeman Survey, Abstract No. 522 and Lot 2, A.A. Freeman No. 522 Addition The property is 1.6 acres located at 545 and 565 N. Peytonville Avenue. The current zoning is SF -30 and AG. The purpose of this request is to place SF-IA zoning on two properties so that they can be combined into a single residential lot for construction. A plat revision combining the two properties is being processed concurrently with this request (ZA02 -102). There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. 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 January 7, 2003 Page 7 of 10 Agenda Item No. 8C. ZA02 -102, Plat Revision for Lot 2R, A.A. Freeman No. 522 Addition, being a revision of Lot 2 of the A.A. Freeman Addition and including Tract 2AlA of the A.A. Freeman Survey, Abstract No. 522 and being approximately 1.6 acres. These properties are located at 545 and 565 North Peytonville Avenue This is the plat revision associated with the previous agenda item. The purpose of this request is to combine an un- platted tract of land with a platted lot to make one larger lot for residential use. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval (7 -0) subject to review on December 19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 8D. Ordinance No. 480 -413, 1 st Reading, (ZA02 -098) Zoning Change for Tract No. 9133, John J. Freshour Survey, Abstract No. 521 located at 2391 Florence Road. The property is approximately 2 acres located on the south side of Florence Road approximately 420 feet from Randol Mill. The current zoning on the property is AG. The purpose of this request is to place SF -lA zoning on the property for the construction of a private residence. The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 8E. Variance to the Subdivision Ordinance No. 483, Section 8.O1E, as amended, requiring a minimum lot width of 125 feet at the rear property line on certain lots, as it pertains to Case ZA02 -103, Plat Showing, Lot 13, J.J. Freshour No. 521 Addition, located at 2391 Florence Road, being approximately two acres. This request is associated with the previous agenda item. This is a pre- existing single tract of land having an approximate rear property line width of 120 feet. The tract abuts platted lots to the south that are one acre or larger which, according to the Subdivision Ordinance No. 483, Section 8.0l.E, as amended, requires a minimum lot width of 125 feet at the rear property line. The property owner is unable to comply with this requirement and is requesting a variance. 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 January 7, 2003 Page 8 of 10 Agenda Item No. 8F. Ordinance No. 480 -414, 1 st Reading, (ZA02 -101), Zoning Change for Tract No. 2, William Martin Survey, Abstract No. 1068 This property is approximately 10 acres, located at 1850 Randol Mill Avenue. The current zoning is AG. The purpose of this request is to place SF-IA zoning on the property for residential development The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 10A. Approval of a variance to Sign Ordinance No. 704 -A for Car Toys Todd Johnson of Starlite Sign, on behalf of Car Toys, an auto electronics store located at 2171 East Southlake Boulevard, is seeking a variance to Sign Ordinance 704 -A to: (1) increase the number of signs from one allowed sign per street frontage to three; (2) increase the allowed letter height from 18 inches for a sign less than 151 feet from the R.O.W. /property line to 36 inches; (3) increase allowed sign area from an allowed area of 48.75 square feet for a store front 65 feet wide to a total area of 101.75 square feet for all three signs; and (4) increase allowed sign width for one sign located on a horizontal articulation 14 feet wide from the allowed 10.5 feet to 12.6 feet. Contact Rick Black with any comments or questions on this item. OTHER ITEMS OF INTEREST The Southlake Public Library was contacted by Mike McCollum of the Fort Worth Brahmas Hockey team regarding a book drive to benefit the library. The Fort Worth Brahmas Foundation has entered into a partnership with the Verizon Foundation and their "Hooked on Reading" program. At Verizon's request, the Southlake Public Library is being included as one of the libraries to benefit from the proceeds of the book drives. Two book drives will be held -- one on game date January 12, the other on game date February 28. For each book received, the donor will receive two free game tickets for future games. For more information, please contact Laura Highlander, Library Administrator, or Assistant to the City Manager John Eaglen. Employee Awards Banquet. Please note that the date for the annual employee awards banquet has been changed to Saturday, Feb. 1, 2003, 6:00 p.m. (with dinner at 6:30 p.m.). The banquet will be held Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 7, 2003 Page 9 of 10 at the Austin Ranch in Grapevine. This is a very important event to me, and I hope you can be with us this year to help honor outstanding city employees. Status of Selected Lawsuits/Legal Issues. The following is brief information on the status of selected lawsuits and /or claims against the city. We often do not have the time or ability to discuss these items in detail in Executive Session, so we will be periodically providing brief status reports on selected items in my memo. If you have questions about any of these items, feel free to contact Shana Yelverton. • Kalal, Gene & Dana v. City of Southlake: You will recall that this lawsuit stems from a dispute with the Kalals regarding work done as part of the Cross Timber Hills sewer project. Please note that the lawsuit has been dismissed pursuant to a settlement reached with the contractor's insurance company. • Claim of Mr. Scott Hanle regarding Cross Timber Hills Sanitary Sewer Project: The Hanle's have reached an agreement with the City of Southlake to settle this claim for $10,000. • Fox, Leona & Raymond v. City of Southlake: You will recall that this lawsuit stems from a dispute with the Foxes regarding the purchase of a portion of their property on N. Shady Lane for public works improvements. The City and Foxes are currently engaged in the discovery process. A court date has been set for February 13, 2003 for the Foxes' request for partial summary judgment (96 District Court). Note that they have also requested a jury trial on or about April 21, 2003. • City of Southlake v. Timarron Land Corp., et. al: The latest development in this case is Judge Paul Enlow's order for mediation, originally set for December 10, 2002. Although the parties met and discussed a possible resolution to the matter, the actual mediation was ultimately postponed until January 10, 2003. A court date has been set for January 23, 2003 for consideration of a motion for summary judgment by Maxim Engineers, Inc. We hope to discuss the legal issues with you in late January or early February. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 7, 2003 Page 10 of 10 • Former employee lawsuits: These are both claims of discrimination by police officers. Although we have begun the discovery process anticipating spring trial dates, mediation has been scheduled. Also attached to my memo: • Kudos (hard copy only) IN 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 Highlander, Laura, Library Administrator, 481 -5727 Hugman, Kevin, Director of Human Resources, 481 -1527 Jackson, Malcolm, Interim Director of Community Services, 481 -1527 Killough, Dennis, Senior Planner, 481 -2073 Last, Greg, Director of Economic Development, 481 -1671 Payne, Bruce, Planning Director, 481 -2036 Polasek, Steve, Deputy Director of Community Services, 481 -1543 Yelverton, Shana, Assistant City Manager, 481 -1429