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2001-09-04 REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES SEPTEMBER 4, 2001 COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Patsy DuPre. Members: Greg Standerfer, Rex Potter [arrived at 6:45 p.m.] Tom Stephen and Keith Shankland. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam; Director of Community Services Kevin Hugman; Senior Comprehensive Planner for Community Services Chris Carpenter; Director of Economic Development Greg Last; Director of Public Works Pedram Farahnak; Assistant to the Public Works Director Valerie Bradley; Senior Engineer Charlie Thomas; Director of Planning Bruce Payne; Senior Planner Dennis Killough; Senior Planner Ken Baker; Director of Human Resources Harold Cates; Director of Public Safety Rick Black; Manager of Building Services Malcolm Jackson; Manager of Technical Services Gary Gregg; City Attorney Debra Drayovitch; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the Work Session to order at 5:46 p.m. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary. ■ During the work session, agenda items were discussed and the following items were moved to the consent agenda: Item #8 -E, Ordinance No. 809, 1 reading; Item #10 -A, Resolution No. 01 -036, Appointments to Crime Control and Prevention District Board. The work session ended at 5:58 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #1 -A, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 5:58 p.m. The City Council meetings are video and audio tape- recorded for future reference and copies are available upon request from the Office of the City Secretary. Agenda Item #2 -A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.086, to seek legal advise from the City Attorney; to deliberate Regular City Council Meeting Minutes of September 4, 2001 Page 1 of 20 regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and /or to deliberate regarding economic development negotiations. Council adjourned into executive session at 5:59 p.m. Council returned to open session at 7:00 p.m. Agenda Item #2 -B, Action Necessary /Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation and Pledge to the Flag Councilmember Keith Shankland gave the Invocation tonight, while Mayor Stacy led the Pledge of Allegiance to the Flag. Agenda Item #4 -A, Mayor's Report Mayor Stacy made the following announcements during the Mayor's Report: ■ Metroport Cities Partnership will be going to Austin on September 26 and September 27 to make a presentation to the Texas Department of Transportation regarding F.M. 1938 expansion. Those attending from Southlake Council and staff include: Mayor Stacy, Mayor Pro Tem Evans, Deputy Mayor Pro Tem DuPre, Councilmembers Rex Potter and Tom Stephen. Staff attending includes: City Manager Billy Campbell and Director of Economic Development Greg Last. ✓ September 26 at 10:00 a.m. will be the Ribbon Cutting for the Southlake Public Library. Director of Community Services Kevin Hugman reported that the Grand Opening will be held in Mid - November, with a theme of "Watch Use Grow." ✓ A second FY2001 -2002 Budget work session will be held on September 11 beginning at 6:00 p.m. in the Council Chambers of Town Hall. Councilmember Rex Potter asked staff to do a presentation to Council prior to them going to Austin, regarding F.M. 1938. It was noted that the presentation would be held during the Regular City Council meeting on September 18. Councilmember Patsy DuPre stated she visited the Public Works facility on Continental Boulevard and was impressed with staff and the care they have taken of City equipment. She encouraged other Councilmembers to take the time to visit the facility. Agenda Item #4 -B, City Manager's Report During the City Manager's Report, Director of Economic Development Greg Last reported on the groundbreaking ceremony held for the new Verizon Wireless facility on Regular City Council Meeting Minutes of September 4, 2001 Page 2 of 20 August 16, 2001. Last stated the facility will help define the S.H. 114 Corridor and will be very impressive. Verizon plans to open their facility in August 2002 with 400 employees. Mayor Stacy commented that he appreciates Greg and his information. Agenda Item #4 -C, SPIN Report The SPIN report was made by Roger Hutton, SPIN #11 Representative, 1900 Shady Oaks Drive, Southlake. Mr. Hutton reviewed the SPIN meetings that have been taken place during the past few weeks and noted the meetings that are being planned including September 10, whereby SPIN #3 and #5 will hold a meeting at the Senior Activity Center to discuss Hardy Estates; September 13, the City staff will hold a SPIN meeting making presentations on the Land Use Plan Update; and on September 22, a Citywide SPIN meeting will be held to discuss the Aventerra zoning. Mr. Hutton thanked the City Council for the action taken on the Verizon Wireless project. Agenda Item #4 -D, Library Report Bret Burford, a Library Board member, made the monthly Library Report commenting on the September 26 Ribbon Cutting to take place at 10:00 a.m., stating that at that time a citizen could apply for a library card. He noted they are receiving shipments of books on a weekly basis and that they are moving forward toward a 44 -hour week opening, which will take place in November. Agenda Item # 5, Consent Agenda Mayor Stacy stated that all items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5 -A. Approval of the minutes of the Regular City Council meeting held on August 21, 2001. The minutes were approved as presented. 5 -B. Resolution No. 01 -058, Establishing one election precinct for the city for use on the November 6, 2001, Local Option Election. Chapter C of Chapter 42 of the Texas Election Code authorizes municipalities to establish election precincts for municipal elections. The election precinct established by this resolution will not divide a county election precinct except as necessary to follow the city's boundaries. The election precinct created shall comprise all of the Tarrant and Denton County precincts located within the City of Southlake to the extent they are located within the city limits of the City of Southlake and will include: Regular City Council Meeting Minutes of September 4, 2001 Page 3 of 20 Tarrant County Precincts: 3470, 3039, 3040, 3286, 3359, 3526, and 3529. Denton County Precinct: 401 This single election precinct will be for use only in the November 6, 2001, Local Option Election. 5 -C. Item intentionally left blank. 5 -D. Authorize the Mayor to execute a professional services agreement with Carter & Burgess for N -4 sewer design. The N -4 sewer interceptor is located within N -4 watershed and stretches from S.H. 114 just north of Town Square and ends at an 18" recently constructed sewer main on North Kimball Avenue. The N -4 sewer interceptor is planned for construction along West Ones Branch Creek and consists of approximately 4,500 feet of 12" and 15" sewer pipe. The service area of N -4 water shed is 258.3 acres and bounded approximately on the north by Highland Street, on the south by S.H. 114, on the west by Carroll Avenue and on the east by North Kimball Avenue. After preparation of basic engineering and cost data, the approximate pro -rated cost per parcel of land was calculated and a meeting was arranged with the impacted property owners. During this meeting, the staff made a comprehensive presentation about all aspects of planning, design and construction and cost of the N -R sewer interceptor. As of this date, 88% of the property owners have expressed a commitment to share the cost of construction of the N -4 sewer interceptor. The required funds to complete the professional services are $68,100. The Finance Department has confirmed that necessary money for this project is available from the funds allocated for the S -7 sewer interceptor that was completed earlier this year. 5 -E. Approval of Change Order No. 1 with SRO General Contractors, Inc., for the installation of sidewalks along Carlisle Lane, from Rainbow Street to South Carroll Avenue, and along East Continental Boulevard from South Carroll Avenue to South Hollow Drive. The Council awarded the contract on the construction of intersection improvements at South Carroll Avenue and East Continental Boulevard on April 3, 2001, to SRO General Contractors, Inc. That construction is now underway. Residents in the Cambridge Place Addition and the South Hollow Addition have requested that the City construct sidewalks along Carlisle Lane from Rainbow Street to South Carroll Avenue and along East Continental Boulevard from South Carroll Avenue to South Hollow Drive to provide pedestrian access for children walking to the new elementary school on South Carroll Avenue and East Continental Boulevard. The City staff designed these two sections of sidewalk and requested a construction price from the contractor. The sidewalk along East Continental Boulevard is part of the Master Trail System and, therefore, will be six feet wide. The contractor has provided a price of $26,750 for the sidewalk Regular City Council Meeting Minutes of September 4, 2001 Page 4 of 20 along Carlisle Lane and $22,504 for the cost of the trail along East Continental Boulevard for a total of $49,254. The original plans for this project include a section of trail along the west and south side of South Carroll Avenue from East Continental Boulevard to the new elementary school, and a sidewalk along the north side of South Carroll Avenue from Carlisle Lane to Bordeaux Drive, where a cross walk is planned across South Carroll Avenue to the new elementary school. Approval of this Change Order will increase the project cost of $49,254 for a total of $833,176.10. $350,652 is available from South Carroll Avenue and East Continental Boulevard street reconstruction. 5 -F. Ordinance No. 292 -B, 1st Reading, Establishing times and places for the meetings of the Planning and Zoning Commission. Ordinance No. 292 establishes that the Planning and Zoning Commission shall meet on the Thursday following the first and third Tuesday of each month, provided that the Thursday does not fall on a city holiday. The Ordinance states that four members of the Planning and Zoning Commission shall constitute a quorum for the transaction of business. Ordinance No. 292 -A indicates that the Planning and Zoning Commission would meet at 667 North Carroll Avenue, therefore, making it necessary to change this ordinance. This ordinance is basically a clean up of the Ordinance. 5 -G. Ordinance No. 807, 1 Reading, Abandoning a portion of the public right -of -way for T.W. King Road within the Clariden Ranch Addition (formerly known as Crown Ridge Addition, Phase IB). The final plat for Crown Ridge Addition, Phase IB, located at the southwest corner of Bob Jones Road and T.W. King Road, was approved on June 8, 2000. The re- alignment of T.W. King Road from Bob Jones Road approximately 478 feet to the south was included in the final plat. The new alignment for this section of T.W. King Road has been constructed and traffic has been diverted to the new roadway. All existing utilities located within the old section of T.W. King Road have been relocated to the new T.W. King Road right -of -way. It was understood at the time the final plat was approved that when the new T.W. King Road was platted in Crown Ridge Addition and Phase IB was completed, the old alignment of T.W. King right -of -way would be abandoned. The developer is requesting that the City abandon the old right -of -way of T.W. King Road from Bob Jones Road to approximately 478 feet south. The area of right -of -way to be abandoned contains approximately 23,182 square feet. 5 -H. Approval of Library Study Rooms Use Policy. The Library Committee recently developed the study room use policy. Library staff members reviewed the policy information provided by the Committee and have not recommended any modifications. The two public study rooms would be available on a first come, first served basis. They are capable of seating up to four Regular City Council Meeting Minutes of September 4, 2001 Page 5 of 20 people and patrons wishing the use them must sign in at the front desk and present a current Southlake Public Library card. Patrons using the study rooms must abide by the library code of conduct policy and are forbidden from adhering items to the walls. The proposed study room use policy, in its entirety, gives clear direction on the appropriate use of the study rooms and assists staff in providing consistent oversight. 5 -I. Approval of Library Exhibits and Display Cases Policy. The policy dictates that the library will limit the use of its exhibit spaces to library produced exhibits prepared by staff to reflect topics of interest to visitors. The library may borrow items from individuals, local organizations groups, or businesses and may credit the lender. No library space will be available for unsolicited exhibits. The library will take reasonable care of the display items but will not provide insurance to over the items and assumes no responsibility in the event of loss, theft, or damage. The proposed policy, in its entirely gives clear direction and consistent guidance on the appropriate use of the exhibits and display cases within the library. 5 -J. Approval of Library Handouts and Bulletin Boards Policy. The policy states that the library may act as a distribution point for handout materials for public awareness from non - profit groups, community groups, educational /governmental agencies, and library handouts. Handouts of a commercial nature will not be accepted. Final authority for all handouts and bulletin board announcements will rest with the Library Administrator, and approved announcements will be marked "Approved for Posting", dated, and initialed. When space is limited, priority is given to the library, City government, and local organizations in that order. The proposed policy, in its entirety gives clear direction and consistent guidance to staff regarding the appropriate use of handouts and bulletin boards within the library. 5 -K. Approval of Library Programs Policy. The Programs Policy provides that adult and youth programming will be developed and presented by the library or co- sponsored by the library in conjunction with other community organizations. Library programs will be open to anyone wishing to attend and no attendance fees may be charged. Space restrictions or program requirements may limit the number of people who can attend and preference will be given to residents of Southlake. All persons attending library programs are expected to adhere to the library's policy on patron conduct. The proposed policy, in its entirety, gives clear direction and consistent guidance to staff in regards to library programming. 5 -L. Ordinance No. 480 -368, 1 Reading (ZA 01 -039) Rezoning and Site Plan for Secure Source, Inc. Regular City Council Meeting Minutes of September 4, 2001 Page 6 of 20 The applicant withdrew this item on August 29, 2001. 5 -M. Resolution No. 01 -056 (ZA 01 -073), Specific Use Permit for the sale of alcoholic beverages for off - premise consumption per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6, on property legally described as portions of Lots 1 & 2, Block B, Commerce Business Park, being 3.029 acres. At the request of the applicant, this item was a table to the September 18 City Council meeting, continuing the public hearing to that date. The second reading of the ordinance for zoning will also be held on September 18, 2001; therefore, the items will be finalized at the same meeting. 8 -E. Ordinance No. 809, 1st Reading, Amending Ordinance No. 717 and 717 -B, and Chapter 18, Article III, Section 18 -79 of the Southlake City Code; designating the speed limit within Princeton Park Addition as 25 mph. Staff has been working with the Homeowners' Association to investigate and reduce the speeding concerns in the Princeton Park Addition. The City Engineer has received a petition of request from Princeton Park property owners for the City Council to consider reducing the speed limit in Princeton Park Addition to 25 mph. The petition includes signatures of 71% of the property owners in Princeton Park. This is the similar speed limit reduction that has been done in several subdivisions throughout the City. On October 6, 1998, the City Council passed an ordinance lowering the speed limit to 25 mph in the Timberlake Addition, which lies directly to the west of Princeton Park Addition. The two subdivisions are connected by Parkcrest Drive. Princeton Park Addition abuts White Chapel Boulevard on its east side. The Princeton Park Addition does experience traffic traveling from the Timberlake Addition to White Chapel Boulevard. If the speed limit were reduced to 25 mph, it would provide for a uniform speed limit throughout these two closely related subdivisions. 10 -A. Resolution No. 01 -036, Appointments to Crime Control and Prevention District Board. During the executive session tonight the City Council appointed the following to serve on the Crime Control and Prevention District Board of Directors: Pam McCain, Frank Pittman, Martin Schelling and Lou Ann Heath. The terms of these board members are for two years, ending in September 2003. Motion was made to approve the consent agenda as presented, including: #5 -A, as presented; Item #5 -B, #5 -D, as presented; Item #5 -E, #5 -F, 1 reading; #5 -F, 1 reading; #5 -G, 1 reading; #5 -H, as presented; #5 -I, as presented; #5 -J, as amended, adding handouts of a political nature to "Handouts of a commercial nature will not be accepted, and, deleting the sentence, "Final authority for all handouts and bulletin board announcements rests with the Library Administrator "; Item #5 -K, Item #5 -L, withdrawn Regular City Council Meeting Minutes of September 4, 2001 Page 7 of 20 by the applicant; Item #5 -M, tabled to September 18, City Council meeting at the request of the applicant, with the public hearing being continued to that date; Item #8 -E, 1st reading; and Item #10 -A, appointments to the Crime Control and Prevention District Board, naming Pam McCain, Frank Pittman, Martin Schelling and Lou Ann Heath. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #6, Public Forum Jay McClure, Botanical Technology, engineer at Bob Jones Park Project. Mr. McClure stated that 011 July 15 the restroom /concession building was consumed by fire. He stated his company offered to go forth at their own expense to get the job completed, however, they cannot control the general contractor. The general contractor has legal concerns. They are asking the City Council to help them finish the project on schedule. At this time the Park project has come to a halt. Mayor Stacy asked the Director of Public Works and Director of Community Services to go out of the room with those present regarding this issue and try to come to some solutions. Agenda Item #7 -A, Ordinance No. 810, 1 Reading, Annual Budget for FY2001 -002 and approving the revised budget figures for FY 2000 -01 Director of Finance Sharen Elam presented information related to the Annual Budget for FY 2001 -002 and approving the revised budget figures for FY2000 -01. This ordinance formally sets the budget for FY2001 -02 and amends the budget for FY2000 -01. The ordinance requires two readings, so the budget will not be finalized until the second reading on September 18, 2001. The next budget work session is scheduled for September 11, 2001. Changes may be made between the two readings and a list of comments /suggested changes is included with the memo for Council review. Elam stated also incorporated is a list of anticipated capital projects for FY2001 -02. PUBLIC HEARING: No comments were made during the public hearing. Councilmember Rex Potter asked what it would take to increase the reserve fund to 17 %? He added he is not comfortable with the 15% reserve fund. Councilmember Patsy DuPre stated staff was very conservative last year and then were able to come forward at mid -year. Councilmember Tom Stephen stated he wants staff to look at the fees charged for inspections. Regular City Council Meeting Minutes of September 4, 2001 Page 8 of 20 Mayor Stacy stated he thinks it is best be as lean as possible and lower the taxes. Motion was made to approve Ordinance No. 810, 1 Reading. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -B, Ordinance No. 811, 1 Reading, Tax Levy Ordinance Director of Finance Sharen Elam presented Ordinance No. 811, 1 Reading, Tax Levy Ordinance, noting this ordinance formally sets the tax rate at $.422 per $100 valuation for FY 2001 -02. It requires two readings, so the tax rate will not be finalized until the second reading of September 18, 2001. Changes may be made to the rate between the two readings. After the second reading, the rate is given to Tarrant County who will apply the rate to the appraised values as of January 1, 2001, and generate tax statements. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve the first reading of Ordinance No. 811, Tax Levy Ordinance, with the tax rate remaining at $.422 per $100 valuation. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item # 7 -C, Ordinance No. 480 -LL, 2 " Reading, Outside Storage and Screening Director of Planning Bruce Payne presented Ordinance No. 480 -LL, noting on June 12, 2001, staff held a work session with City Council to review proposed changes to the outside storage regulations. The City Council approved of staff changes; however, the Council requested that staff add a provision that would allow some seasonal merchandise To be stored outside without screening. Also, the Council instructed staff to meet with the business owners most directly affected by the proposed regulations. Mr. Payne outlined the changes that were made to the ordinance. A copy of the memorandum from Mr. Payne dated September 1, 2001, is hereby attached to the minutes of this meeting. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480 -LL, 2 Reading. Motion: Potter Second: Standerfer Ayes: Potter, Standerfer, Stephen, Evans, Shankland, DuPre, Stacy Regular City Council Meeting Minutes of September 4, 2001 Page 9 of 20 Nays: None Approved: 7 -0 vote Agenda Item #7 -D, Ordinance No. 803, 2 " Reading, Public Art Policy Senior Comprehensive Planner with Community Services Chris Carpenter presented Ordinance No. 802, for second reading, noting the only substantive changes to this item since the first reading is those suggested and approved by the City Council on August 21, 2001. The changes include: (1) Section VII "Funding " - appropriating an amount for public are up to one percent (1 %) of the approved Capital Improvements Plan projects for that fiscal year. (2) Section VIII (B)- adding wording that the artist shall execute a waiver of liability agreement for the City. Councilmembers suggested taking out the one percent (1 %) as noted above and add "assessment." PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 803, 2 " Reading, as amended, In Section V11(A)(1), remove the wording "one percent (1%)" and leave in the language "assessment" to reflect the range of funding possible (i.e. "not exceeding one percent (1 %) that is previously established in Section V11(A). Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 - E, ZA 01 - 068, Site Plan for Bank One ZA 02 -068, Site Plan for Bank One, on property proposed as Lot 2, Block 1, Gumm Scifres Addition, and being legally described as a portion of Tract 2 and Tract 2B2 in the John Freeman Survey, Abstract No. 529, and being 1.45 acres. Senior Planner Dennis Killough presented this item stating this property is located on the southeast corner of West Southlake Boulevard (F.M. 1709) and Village Center Drive. The purpose of this request is to get approval of a Site Plan in order to build a bank. The plan proposes a 3,949- square foot bank with four drive - through lanes. The Planning and Zoning Commission approved this plan on August 9, 2001, subject to the site plan review summary, specifically excluding any requested variances. The City Council asked the applicant to table the item and re- evaluate the design on August 21, 2001. The plan before Council proposes a pitched roof canopy and shows a change in the exterior Regular City Council Meeting Minutes of September 4, 2001 Page 10 of 20 building material from primarily EIFS (exterior insulating finish system) or artificial stucco to brick and stone with a small amount of EIFS. A color rendering and letter addressing the changes was given to Council in their packets. Councilmember Greg Standerfer stated it may not be the best bank building in Southlake, but the applicant did everything the City Council asked them to do. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 01 -068, Site Plan for Bank One, subject to the Site Plan Review Summary No. 5, dated August 31, 2001, and provided they use colored stone and brick. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Potter, Evans, Stephen, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -F, Ordinance No. 480 -373, 2 " Reading (ZA01 -065) Ordinance No. 480 -373, 2' Reading, (ZA01 -065) Rezoning on property legally described as a portion of Tract 1A, Jesse G. Allen Survey, Abstract 18, being 15.47 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF -1A" Single Family Residential District. Senior Planner Dennis Killough presented for second reading Ordinance No. 480 -373, noting the property is located on the north side of West Southlake Boulevard (F.M. 1709) approximately 400' west of West Jellico Circle. The purpose of this request is to change the zoning to allow for a single - family residential development. The requested zoning is "SF -1A." A plan is not required for this zoning change. The City Council approved the preliminary plat proposing 16 lots (Case ZA01 -067) on August 21, 2001. There have been no changes regarding this request since it last appeared before the City Council. PUBLIC HEARING: No comments were made during the public hearing. Applicant, Paul Spain stated the plat shows 14 lots, not the 16 lots as noted earlier. Motion was made to approve ZA 01 -065, Ordinance No. 480 -373, 2' reading. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7- vote Agenda Item #7 -G, Ordinance No. 480 -374, 2 " Reading Regular City Council Meeting Minutes of September 4, 2001 Page 11 of 20 Ordinance No. 480 -374, 2 Reading (ZA01 -066), Rezoning and Concept Plan for Lots 1 and 16, Park Meadows Court, on property legally described as a portion of Tract 1A, Jesse G. Allen Survey, Abstract No. 18, and being 3.64 acres. Current zoning is "AG" Agricultural District with a requested zoning of "0-1" Office District. Senior Planner Dennis Killough presented this case noting the property is located on the north side of West Southlake Boulevard (F.M. 1709), approximately 400' west of West Jellico Circle. This request is associated with cases ZA01 -065, and ZA01 -067. The purpose of this request is to receive zoning and concept plan approval for four office - building sites on two lots (two buildings on each lot). The following variances were requested on the plan that appeared before the Planning and Zoning Commission: • Driveway spacing along Southlake Boulevard on both lots • Commercial drives onto local streets where other access is available • Driveway stacking depth on all driveways • A 12' width reduction in the required bufferyard along F.M. 1709 due to R.O.W. dedication for a deceleration lane. The Planning and Zoning Commission recommended approval on August 9, 2001, subject to the concept plan review summary, specifically denying all requested variances. Prior to the first reading by the City Council, the applicant revised its plan to eliminate all variance requests except for driveway stacking depth on the driveways accessing both lots. The City Council approved the first reading on August 21, subject to the review and did not address the requested stacking variances. Applicant, Paul Spain, was present to answer questions of Council. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480 -374, 2 °a reading, for Lots 1 -16, Park Meadows Court, subject to the Concept Plan Review Summary No. 5, dated August 31, 2001; allowing the two variances as shown. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Stephen, Evans, Shankland, Stacy Nays: Potter Approved: 6 -1 vote Agenda Item #7 -H, ZA01 -085, Site Plan for First American Bank ZA01 -085, Site Plan for First American Bank, on property legally described as Lot 1, Block 61, Timarron Addition, Phase 5, O.W. Knight Survey, Abstract No. 899, being 1.46 acres. Current zoning is "PUD" Planned Unit Development District. Regular City Council Meeting Minutes of September 4, 2001 Page 12 of 20 Senior Planner Dennis Killough presented this site plan stating, this property is located at the southwest corner of East Southlake Boulevard and Byron Nelson Parkway. This property is part of the Timarron RPUD and has "0-1" Office District uses permitted. The site plan proposed a 5,355- square -foot bank building with six drive- through lanes. There are no new curb cuts proposed onto adjacent public streets. However, a variance is requested for driveway stacking depth from the Byron Nelson R.O.W. to the first driveway centerline intersecting the common access drive along the south property line (130' is required by ordinance; 49' is provided). The Planning and Zoning Commission recommended approval (6 -0) on August 23, 2001, allowing the requesting stacking variance. Applicant, Cliff Weisinhauss, President of First American Bank. The applicant was present to answer questions of Council. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA01 -085, Site Plan for First American Bank; subject to the Site Plan Review Summary #2, dated August 3, 2001, allowing the variance requested. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -I, Resolution No. 01 -059, (ZA01 -088), Specific Use Permit for Genghis Grill Restaurant Resolution No. 01 -059 (ZA01 -088), Specific Use Permit for sale of alcoholic beverages for on- premise consumption per Zoning Ordinance No. 480, Section 45.1 (1), and Section 45.6, on property legally described as a portion of Lot 3, Block 1, Gateway Plaza. Senior Planner Dennis Killough presented Resolution No. 01 -059, stating this site is located at the northwest corner of East Southlake Boulevard and Gateway Drive, on the west side of Anemia's Mexican Restaurant. He stated there are no unresolved issues related to this request. Applicant, Kevin Forseman, 2970 East Southlake Boulevard, Southlake, Manager of Genghis Grill. Mr. Forseman stated that Southlake would be their fourth location. He noted the bar sales equal 10% of the total sales for the restaurant. He indicated that they have no plans on having a patio for dining at this location. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve the Specific Use Permit for Genghis Grill Restaurant, with the permit tied to the term of the lease. Regular City Council Meeting Minutes of September 4, 2001 Page 13 of 20 Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, DuPre, Potter, Stephen, Evans, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -J, ZA01 -064, Site Plan for Darden Square, Phase II ZA01 -064, Site Plan for Dardan Square, Phase II, on property legally described as Lot 7, Hiram Granberry, No. 581 Addition, being 0.735 acres. Current zoning is "C -2" Local Retail Commercial District. Senior Planner Dennis Killough presented this site plan for approval, noting this site is located at the northwest corner of East Southlake Boulevard just east of Lake Crest Drive and is the lot west of Dana's Studio of Dance. The current zoning on the property is "C- 2" Local retail Commercial District uses. This plan proposes a 4,400 square -foot building to expand Dana's Dance Studio and will house a small dance equipment retail shop. A variance is being requested for driveway stacking depth (50' is required; 35" is provided) and staff recommendation is relocate some parking spaces aligned with the entrance. To relocate the spaces the applicant would need to push the building toward Southlake Boulevard and locate the spaces in the rear, putting more parking spaces near a residential property. The applicant has not done this at the request of the adjacent property owner. The Planning and Zoning Commission recommended approval (6 -0) on August 23, 2001, subject to the review granting variance for stacking and removing three parallel spaces on the south side, creating a 28' buffer yard to be adequately landscaped and allowing a one - space reduction in parking. Applicants, Scott and Dana Bailey, owners of the building. Mr. Bailey stated they have 700 Southlake families attending dance classes. The peak time at the location is 5:45 p.m. to 6:45 p.m. Mr. Bailey stated they have planned for the second building, a Pro - Shop, that will sell dancewear to the students. The building will not generate as much traffic as the dance studio itself. PUBLIC HEARING: Bobby and Stephanie Chesbro, residents to the rear of the property. Mr. Chesbro stated they are pleased to have Dana as a neighbor. He stated when the property was originally developed and for the past three years, they have been under the understanding that the building would mirror the original building. He stated his main concerns. If he had known this is what would come of the original agreement, he would never have agreed to it. He wants to see 8' masonry fence and have them move the building forward to mirror the same elevation as the first building. He also wants more landscaping on the plan. He stated he would rather have the drive closer to his fence and not have parking spots near the fence. Regular City Council Meeting Minutes of September 4, 2001 Page 14 of 20 Mayor Stacy asked the applicant and Mr. Chesbro to go talk about this and come back later in the meeting with the acceptable plan. This item will continue later in the meeting. Agenda Item #7 -K, ZA01 -090, Revised Site Plan for Bicentennial Park ZA01 -090, Revised Site Plan for Bicentennial Park, on property legally described as Lot 2R2, L.B.G. Hall Survey, Abstract No. 686. Current zoning is "S -P -1" Detailed Site Plan District with "CS" Community Service District uses. Senior Planner Dennis Killough stated there are no variances to this request. Director of Community Services Kevin Hugman explained the need for the shade structures at the park. He noted the plan proposes a shade structure northeast of the playground area near the existing maintenance building in order to cover park maintenance equipment. There are no unresolved issues with this request. PUBLIC HEARING: No comments were made during this public hearing. Motion was made to approve ZA01 -090, Revised Site Plan for Bicentennial Park, as shown. Motion: Standerfer Second Stephen Ayes: Standerfer, Stephen Evans, Shankland, DuPre, Potter, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -L, Award of Bid to Sun Ports International for Shade Structures Director of Community Services Kevin Hugman presented this item, noting this item is related to the previous agenda item, ZA01 -090, Revised Site Plan for Bicentennial Park. City Council approved a mid -year budget amendment of $35,000 for capital improvements to the Bicentennial Park maintenance yard. The improvements requested were to expand the yard area and configuration to enhance equipment ingress /egress and to construct shade structures along the perimeter areas to protect parks maintenance equipment from weather. The bid received is within the budgeted amount. Sun Ports International is currently installing shade structures over the baseball field bleachers part of an approved SPDC capital project. Staff recommends award of the bid to Sun Ports International in the amount of $23,834 plus a five percent contingency for a total project budget of $25,037. Motion was made to approve the award of bid to Sun Ports International in the amount of $25,037. Motion: Standerfer Second: DuPre Regular City Council Meeting Minutes of September 4, 2001 Page 15 of 20 Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy Mayor Rick Stacy stepped down for Item #8 -A Agenda Item #8 -A, Ordinance No. 480 -372, 1 Reading (ZA01 -072) Ordinance No. 480 -372, 1 Reading (ZA01 -072) Rezoning and Site Plan for Quik Trip on property legally described as portions of Lots 1 & 2, Block, Commerce Business Park, being 3.029 acres. Current zoning is "I -1" Light Industrial District and "S -P -1" Detailed Site Plan District, with a requested zoning of "S -P -1" Detailed Site Plan District with "C- 2" Local Retail Commercial District uses to include Gas Station with Convenience Store. Dennis Killough, Senior Planner, stated this property is located at the southwest corner of Southlake Boulevard and Commerce Street /Gateway Drive. A zoning change is proposed to "S -P -1" with "C -2" uses to include a gas station and convenience store having approximately 4,900 square -foot and 12 gas pump islands. The applicant is requesting variances to the following: • Horizontal articulation on a portion of the north building facade required by Ordinance No. 480, section 43.9c1d, under the provisions of Ordinance No. 480, Section 43.9b; • Pitched roof on the convenience store building, required by Ordinance No. 480, section 32.9c1b, under the provisions of Ordinance No. 480, section 43.9b; • Pitched roof on the pump canopy, required by SUP Gas Station Regulations, Ordinance No. 480, Section 45.10. A mansard type roof system is proposed as a regulation under the provisions of Ordinance No. 480, section 31, "S -P -1" Detailed Site Plan District. The Planning and Zoning Commission recommended approval (6 -1) on July 19, 2001, allowing the variances as requested. Commissioner Muller dissented noting a concern for traffic. Applicant, Brenda McDonald, 800 Parkers Square, Suite 260, Flower Found. Ms. McDonald stated they have had two SPIN meetings and two Planning and Zoning Commission meetings and at the P & Z meeting, there was no opposition from property owners. Ms. McDonald stated Quik Trip has 350 stores in 9 states. They are currently expanding into the DFW area with 12 stores. She stated the corporation has a commitment to its employees. They do not believe in selling adult magazines in their stores. The traffic engineer presented information regarding the additional trips that will be made if the store is approved. It was noted that this use would give an alternative on the south side of F.M. 1709. It was established that there is not another gasoline station for six miles on the south side of the street. This store will not sell diesel fuel to trucks; therefore, no large trucks will be coming to the store. Regular City Council Meeting Minutes of September 4, 2001 Page 16 of 20 Council adjourned to recess at 10:35 p.m. Council returned to open session at 10:44 p.m. PUBLIC HEARING: Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated her issues of concern, noting that her #1 issue is location. Southlake does not need a mega gas station on F.M. 1709. It would create a traffic hazard and the turning patterns will increase in number of vehicles and that is a major issue. Ms. Morris stated that it is not uncommon at 11:00 a.m. to have traffic backed up to Kimball Avenue. Another issue she explained is the image it will present to Southlake. Is this the image we want in Southlake? Commerce is not a through street. Maybe someday in the future it might be, but it is not at this time. This gas station is premature to build in Southlake. Another issue is compliance to City ordinances. She stated, "I don't think a business would want this type of business across the street from them. Let's upgrade our image, not downgrade it." Bob Walker, 1404 Chelsea Circle, Southlake. Mr. Walker stated he is opposed to a gas station in that location. He questioned this location, noting that Southlake has six or seven gas stations on F.M. 1709. He stated that this would be the largest gas station in Southlake. He encouraged Quik Trip to find a site on S.H. 114. He stated another issue is the architecture and suggested changes are needed. Public hearing closed. Brenda McDonald stated they would have a problem with Austin Stone on the canopy supports. Councilmember Rex Potter stated he does not feel this is the kind of business Southlake should have at the entrance to the City. Councilmember Keith Shankland agreed with Potter stating he feels this would be a mistake to approve this use on this site. He stated he commends Quik Trip for the kind of business that it is and wishes they could find another location. Councilmembers Patsy DuPre, Greg Standerfer, and Tom Stephen all feel that this use is well suited for this location and that it is a much - needed use at this end of town on the south side of F.M. 1709. Motion was made to approve Ordinance No. 480 -372, 1 Reading, subject to the following conditions: o Subject to the Site Plan Review Summary #1 dated July 13, 2001 o Granting a variance on the roof top by allowing the HVAC units o Substituting Austin Stone for supports on the canopy o Increasing the buffer plantings o Meeting or exceeding the artists rendition Regular City Council Meeting Minutes of September 4, 2001 Page 17 of 20 Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Stephen, Evans Nays: Potter, Shankland Approved: 4 -2 vote Mayor Stacy returned to the Council table Agenda Item #7 -J, Continued Director of Planning Bruce Payne reported on the compromise that was made between the property owners and the property owners to the rear of the property in question. Public Hearing Closed. Motion was made to approve ZA01 -064, Site Plan for Darden Square, Phase II, subject to the Site Plan Review Summary No. 3, dated August 18, 2001, allowing the requested driveway stacking depth variance, eliminating parking spaces directly in front of the building, move the building forward, move the handicap parking space to the rear, move green space to the rear, and allow a 3 space reduction in the required parking. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #8 -B, Ordinance No. 480 -376, 1 Reading (ZA01 -083) Ordinance No. 480 -376, 1 Reading (ZA01 -083) Rezoning and Concept Plan on property legally described as Lot 5R7, Block 3, Cimmaron Acres, and being 2.176 acres. Current zoning is "C - 2" Local Retail Commercial District with a requested zoning of "0 Office District. Senior Planner Dennis Killough stated this property is located on the north side of West Southlake Boulevard, east of Pearson Lane and west of West Jellico Circle. This is City - owned property and it being brought forth for the purpose of down zoning the property from "C -2" Local Retail Commercial to "0-1" Office District. The concept plan proposes two office buildings totaling approximately 18,350 s.f. A variance is being requested for stacking depth, since 75' is required and 42.5' is provided. The Planning and Zoning Commission approved this item on August 23, 2001, subject to Concept Plan Review Summary No. 1, dated July 13, 2001. Motion was made to approve ZA01 -083, subject to Concept Plan Review Summary No. 1 dated August 23, 2001, granting the variance on stacking depth as requested. Regular City Council Meeting Minutes of September 4, 2001 Page 18 of 20 Motion: Standerfer Second: Stephen Ayes: Standerfer, Stephen, Potter, Evans, Shankland, DuPre, Stacy Nays: None Approved: 7 -0 vote Agenda Item #8 -B, Ordinance No. 480 -375, 1 Reading (ZA01 -078), and ZA01 -079 Plat Revision Ordinance No. 480 -375, 1 Reading (ZA01 -078) Rezoning and Concept Plan on property legally described as Lot 10, Block 1, Southlake Estates, being 1.805 acres. Current zoning is "SF -1A" Single Family District and the request is for "SF -30" Single Family Residential District. ZA01 -079, Plat Revision on property legally described as Lot 10, Block 1, Southlake Estates, being 1.8 acres. Senior Planner Dennis Killough presented Ordinance No. 480 -375, 1 Reading, noting that this property is located at the southeast corner of Shady Oaks Drive and Love Henry Court. The current zoning on the property is "SF -1A ". The applicant is requesting "SF- 30" on the south 0.79 acres of the 1.85 acre lot. The purpose is to subdivide the lot to build a home for the owner's son. Phyllis Benton, owner of the property. Ms. Benton's son Brian was present and spoke on behalf of his mother Phyllis Benton. He stated they would like to subdivide the property so that he can build a home on the 0.85 acre tract of land, which will front on Shady Oaks Drive. He indicated when asked that there were not deed - restrictions of record on the property. [Councilmembers indicated that the city cannot follow deed - restrictions, they can only follow City Ordinances and Codes]. PUBLIC COMMENTS: Rick Fuller, 570 Love Henry Court, Southlake. Mr. Fuller stated he is requesting that City Council table this request in order to give the other property owners in Southlake Estates an opportunity to get additional information. He also requested a SPIN meeting be held regarding this action. Francis Nathan, 535 Love Henry Court, Southlake. Mr. Nathan expressed concerns with subdividing a lot within an existing subdivision. He stated he feels notification should be given to each property owner within the subdivision. Bob Harty, 455 Love Henry Court, Southlake. Mr. Harty stated he is also requesting this item be tabled to allow the property owners in Southlake Estates time to look into more information regarding subdividing this lot into two lots. Motion was made to table Ordinance No. 480 -375 and ZA01 -079 (Plat Revision) to the September 18, 2001, City Council meeting. Motion: Potter Regular City Council Meeting Minutes of September 4, 2001 Page 19 of 20 Second: Shankland Ayes: Potter, Shankland, Stephen, Evans, Shankland, DuPre, Stacy Nays: None Approved: 7 -0 vote to table Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the Regular City Council meeting of September 4, 2001, at 12:30 a.m. e t P e ‘ Mayor Rick Stacy ATTEST: 441/1/A_ ••% 0 ,,,,,,,,, 1/49, A p � Sandra L. LeGrand - City Secretary v . • s . Regular City Council Meeting Minutes of September 4, 2001 Page 20 of 20 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § ..OUNTY 0E- 0 /ZI4(D § I, V'C. ' , �C' as a member of the C , , ( iZe , , make this affidavit and hereby on oath state the. ollowing: I have a substantial interest in a . siness entity or real property as defined in Chapter 171, Texas Local overnment Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: . COMPLETE (A) or (B): (A) The business entity is (name); or (B) The real property is located at: . I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previou,s year. Real property is involved and I have an equitable or legal ownership of the property with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debate. Signed this / day of (,, m ktw , Icc i. Signature of Official The State of § County of § Before , me ta' �/� lArsi �i , 11- ` -'� //,/,51,1, i,i day personally appeared �,LCJ(,c1( t' j 1.wn to me (or proved to me on the oath of or through /) (description of dentity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this q day of Iii. ,4.&D. ) C./ (SEAL) - v, - - - - , , , , , , : / d. t .,-: ; Put::,7 d 1 i /1,14 XL-L-6te t %Q' State of Texas �` : � oF .C�i My Apt. Exp. 02-04-2005 : Notary Public in and for the State of Texas H:\ LIBRARY' �Municipal y MERGE ,ConflictoflnterestAffidavit.wpd - . MIME M Mit City of Southlake outhlake Department of Planning MEMORANDUM September 1, 2001 TO: Honorable Mayor and City Council FROM: Bruce Payne, AICP, Planning Director SUBJECT: Ordinance No. 480 -LL- Outdoor Storage and Screening Amendments. REQUESTED ACTION: Consider proposed Ordinance No. 480 -LL regarding provisions for outdoor storage and screening. BACKGROUND: 1999 - The Original Outside Storage regulations were in Section 38 of Ordinance 480. City Council determined that the rules (for non- residential areas) were vague and did not address shopping carts, vending machines, or facades of outside storage screening areas. Also, the regulations assumed the presence of a primary building on site. City Council instructed staff to revise the outside storage regulations to address these concerns. 2/15/00 - Ordinance 480 -HH was approved by City Council. The revisions to the Outside Storage Regulations required a SUP for all Outside Storage (45.11) in a non - residential area and added shopping cart storage into the Accessory Use Section (34.1). Regulations included a provision for the amortization of non - conforming uses. The regulations required that after February 22, 2001, no outside storage or display that is not in conformity with Ordinance 480 -HH shall be allowed unless a specific use permit is approved for such use. 2/20/01- The Planning staff raised a number of questions and concerns to City Council regarding the outside storage regulations as adopted (Ordinance 480 HH). Staff believed that the literal application of the regulations exceeded the City Council's intent and could possibly result in litigation. More specifically concerns about the Outside Storage regulations included the following: • Requires that all outside storage areas (existing and future) be granted a specific use permit by City Council. Staff estimated that there are approximately 50 operations in the City that do 1 not conform to the current ordinance regulations in terms of outside storage. • Outside storage areas located within the corridor overlay zone are subject to the same screening regulations as areas located outside the corridor overlay zone. • General construction activities such as road construction and commercial construction are required to be screened. • Outside storage areas on sites with and without principal buildings are subject to the same screening requirements. • Outside storage is considered an individual use as opposed to a characteristic of a use. • Amortization provisions. • Limits the types of materials that can be stored in a retail garden center to only those listed specifically in the ordinance. Many materials typically stored in a retail garden center are not allowed. • Does not allow vendors associated with approved city festivals (i.e. Art in the Square) to sell or store goods. • No provisions for variances from the ordinance are provided. • Does not allow vending machines to be located outdoors (i.e. city parks). Based on staff's concerns, the City Council declared a 180 day extension on the amortization deadline to bring all outside storage areas in the City into compliance. The City Council also instructed staff to revise the outside storage regulations to address the issues raised. 3/2001 to 5/2001- Staff revised the outdoor storage regulations. The issues that staff focused on addressing in the revision included: • Existing uses with outside storage versus new uses with outside storage. • Regulation of uses located inside the corridor overlay district versus uses located outside corridor overlay district. • Amortization regulations 2 • Sales of plant materials versus non -plant sales. • Primary versus ancillary outdoor storage. • Construction activity. • Periodic markets. 6/12/01 - Staff held a worksession with City Council to review proposed changes to the Outside Storage regulations. The changes to the Outside Storage Regulations included: • Eliminates the Special Use Permit process and requires all outdoor storage areas to be indicated on the site plan, concept plan and/or development plan along with elevations indicating screening material and height. • Regulations governing outdoor storage are distributed to the Corridor Overlay, Screening, and Accessory Use sections. • Uses with outdoor storage areas which are located within the corridor overlay zone are subject to more stringent requirements than uses located outside the corridor overlay zone. • Removal of the amortization provisions of the existing outside storage regulations. • Provides variance provisions (approved by City Council). • Does not treat outdoor storage as a use. Instead the focus is on screening all materials associated with outside storage on a consistent basis. • Proposed new definitions include: 1) Primary Storage; 2) Ancillary Storage; and 3) Screening Types (I, II, III). • Allows outdoor vending machines to be stored at city parks and at commercial locations provided that the vending machines are not clearly visible from the R.O.W. • Allows some seasonal merchandise to be stored outside without screening. 6/29/01 -Staff presented the proposed changes to business owners and store managers most directly affected by the proposed changes (Businesses operations located in the corridor overlay that currently 3 have or may have a need for outside storage). Forty (40) notices were sent. Representatives from all the grocery store chains and most of the bigger retail businesses were present at this meeting. 7/05/01 -The proposed ordinance was presented to the Planning and Zoning (P &Z) Commission. Below is a summary of the P &Z Commission's recommended changes along with a staff response to those recommendations: • The regulations as presented provided limits to the height and amount of sidewalk area that could be covered by seasonal display items; however, the regulations did not include bulk limitations. The P &Z Commission recommend that staff develop a type of bulk limitation (e.g. percentage of the front of a store where seasonal displays could be stored). Staff Response: Staff recommended that the storage area for seasonal display not exceed 30% of the linear frontage of the primary building. The language is provided on page 43 -11 of Attachment A (Corridor Overlay Zones Section) and on page 39 -2 of Attachment B (Screening Section). In addition, staff provided an exhibit showing the allowable location of seasonal display items (See Attachment A- Page 43 -23- exhibit G). • The P &Z Commission recommended that staff prepare a non - exhaustive list of examples of seasonal goods that are allowed to be stored in front of the building without screening, as well as a non - exhaustive list of examples of seasonal goods that are not allowed. The purpose of this list is to give guidance to the zoning administrator and businesses guidance in determining the type of goods that could be stored in front of a business. Staff Response: Staff developed a list of seasonal goods that may be stored in front of the building without screening. The list was primarily developed by visiting businesses in the corridor that are currently storing display items outdoors and selected items that appeared appropriate for seasonal display. Also, staff recommended that goods associated with the various holidays such as pumpkins, American flags, Christmas reefs, etc. be allowed. In addition, staff developed a list of merchandise items which are not appropriate for outdoor seasonal display. These items are generally items that are purchased year around. However, staff did include swimming pools and swing sets on the non - allowable list (See Attachment A, page 43- 10- item f- section iv and Attachment B, page 39 -2, bullet #1). • The regulations as presented recommended seasonal goods not be readily identifiable by type or product name from the adjacent public right -of -way by reason of package labels, sale tag markers, 4 signs or otherwise. The Planning Commission recommended that this same language be applicable to adjacent residential property. Staff Response: Staff included this language (See Attachment A, page 43 -12 -1st bullet and Attachment B, page 39 -2 -7` bullet). • The P &Z suggested that before businesses be allowed to display seasonal goods, that they formally delineate on the ground where the displays will be located (with a painted demarcation line, etc.). Staff Response: Staff recommended against requiring businesses to delineate on the ground where seasonal storage is allowed. While a painted demarcated line may be appropriate at a big box retail store, requiring businesses in Town Square and other shopping centers to paint lines on the sidewalks in front of the store would not be aesthetically pleasing. Staff feels that the inspection department can easily determine by a visual inspection if a business has exceeded its allowable storage area. • The P &Z requested that staff explore the possibility of allowing lawn equipment and other machinery to be part of seasonal displays. Staff Response: Staff recommended that mechanical equipment associated with lawn and garden maintenance be allowed in conjunction with a promotional event. The equipment may not be stored outside more than three (3) continuous days. Also, the equipment must be removed and returned indoors at the end of the business day. 7/17/01 - City Council approved extending the amortization deadline to bring existing outdoor storage, display and screening into compliance with Ordinance No, 480 HH an additional sixty (60) days in order to allow the Planning and Zoning Commission more time to review the proposed changes to the outdoor storage regulations. 8 /9 /01- Planning Commission reviewed the revise regulations which incorporated their recommendations of 7/5/01. The Planning and Zoning Commission recommend approval of Ordinance No. 480 -LL (6 -0). 8/21/01 -City Council approved (6 -0) Ordinance No. 480 -LL, First Reading on Consent. FINANCIAL CONSIDERATIONS: None 5 LEGAL REVIEW: The City Attorney's Office has reviewed the proposed revisions to the outside storage ordinance. SUPPORTING DOCUMENTS: The proposed changes to the ordinance are indicated on Attachments A through F. Additions to the regulations recommended by staff are indicated by gray shading. Additions to the regulations that were recommended by the Planning and Zoning Commission are indicated by a gray shading and underline. Deletions to the regulations are indicated by a strikethrough. Attachment A- Proposed changes to Section 43- Overlay Zones Attachment B- Proposed changes to Section 39- Screening Attachment C- Proposed changes to Section 34 - Accessory Uses Attachment D- Proposed additions to Section 4 - Definitions. Attachment E- Proposed deletions to Section 45 -SUP Attachment F- Proposed changes to Schedule of Permitted Uses Attachment G- Ordinance No. 480 -LL BP /KMB Attachments (7) N: \Community Development \WP- FILES\MEMO \Ordinance 480LL.doc 6