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HomeMy WebLinkAboutMn 10-02-07 228 MINUTES #2720 COUNCIL ME IVERSITY P COUNCIL ,.,. CITY HALL TUESDA Y, OCTOBER 2, l1LDING Mayor Holmes opened the regu.1arCity Cou:ncil Meetingat5 . Council Chamber in the City Hall Modular aui14ing, Present were Ma)/or Harry Shawver and Councihnetnbers SydCa~1er{jerry Grable and Kelly Walker. Also in attendance were City Manager Bob Livingston, City Attorney David Dodd and City Secretary Kate Smith. A W A:R!2B..b.ND RECOGNtn.Q.~ DEPARTMENT PIN: City Manager Bob Livingston presentedRigl1t~()f.Way Inspector Randy Fleming with a 15 year pin. Council member Walker moved approval of the Consent Agetldu, Couhdhnember Grable seconded, and the vote was Unanimous to approve the following: CON~l~~I AGENDA CONSIDER APPROV AL OF CITY COUNCIL MEETING MINUTES: For September 18, 2007. M~IN AGENDA PRESENTA TION BY LEON.Bl?~NNETT, SMU VICE AND GOVERNMENT RELATIONS: SMU Vice Relations Leon Bem1ett addres$~dtlleCity Council and plans tor increased UniVet'sityhousing. Mr. undergraduate students and 4,653 graduate students are 1,645 students living in sororities arid fraternities. campus. Mr. Bennett stated that plans for the have been public tor sometime~ow. The University's 1,400 students on campus and fbr coustruction of these Mr. Bem1ett stated that the UniVersity strives to be a good work with citizens and the CityCouucil Following Mr. that the City has arranged a with SMlJ officials Bennett on Friday, October 1 30 a.m. to discuss further the cooperative effort involvingSMU and the City. LEGAL AFFAIRS and Government demographics that there are 6,176 University. There living on housing on campus an additional 1,200 to next 2 to 5 years. they are prepared to the Mayor stated Turner and Mr. behavior issues and PRESENTATION REGARDINO.NOISE ABATEMENT Gary Adams gave a presentatiClnr~garding noise study over a twe1ve~monthpet'i.<~dtodetermine community, whether comp1aint$areisolated to handles these complaints. GhiefAdams gave the Department will issue only onew~ming. A follow-up will result in a citation behlgIl1edbylhe otlicers. If Police Chief conducted a ate generated in the how the Depm1ment The Police on the same date to an address with a 229 history of noise disturbances~ a citation wilt be issued first call "",. no warnings. If the residence is that of a SMU student~ the SMU Police will be notified and askeuto make a repOlt for their files. Mayor Holmes noted that resident Mary Graves provided him information on what Middlebury College in VemlOnt has done to address similar noise issues and that this information had also been provided to SMU. PUBLIC HEARING ON AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, BY AMENDING SECTION 40 TO DELETE THE DEFINITION OF FAMILY; AMENIJING SECTIONS 21-100 (1) TO PROVIDE FOR USES AND OCCUPANCY STANDARD IN SINGLE FAMILY DWELUNG DISTRICTS; AMENDING SECTIONS 22-100 AND 22~10l (1) TO PROVIDE FOR USES AND OCCUP ANCY STANDARD IN DUPLEX AND MULTIPLE-FAMILY DWELLING DISTRICTS: Dan Sefko addressed the City Council on hme 5, 2007 on issues relating to the definition of Family, maximum building height and maximum plate line heights in the multi- family districts. The City Council provided direction for staff to proceed to amend the Zoning Ordinance. On July 16~ 2007 the Planning and Zoning Commission held a Public I-rearing and considered an ordinance to change the definition of Family so that "not more than three (3) individuals unrelated by blood~ marriage, or adopti{m~ eHing unit. At that meeting, P&Z voted 3-2 to deny the proposed finition offamily from two to three unrelated individuals. The comment was made that the current detlnition to include "not more than two individuals l.mrelated by blood, uld remain in the single family districts but may be changed as it relat ts. On August 7, 2007, the City Council held a Public Hearing and considered the proposed ordinance and provided directions to statI and the Consultant to work through P&Z to change the occupancy requirements to not more than three individuals in the multi-family districts and preserve the existing occupancy standards in the single-family districts. On September 18, 2007 the Planning and Zoning Commission held a p ther draft ordinance to provide an occupancy standard of not more . n in the duplex and multi-Iumily districts and not more than two i blood, marriage or adoption in the single-family and single~family attached districts. P&Z voted 3-2 on a motion to deny the proposed or and stated that 10 people per side would be allowed to speak and that minutes. The first side to speak were those in favor of the ordinance. Mr. Steve Dawson, 8440 Tulane, spoke first in supp0l1 of the ordinance and stated that the City should reject any code prevision t.ied to a definition of family. Ms. Georgia Marshall~ 3340 " of the ordinance stating that there is currently a negative enviro ts and that the community should engage with the University to see what could be done. Ms. Mashall stated that property owners could put clauses in their leases to foster good behavior. Mr. Don Gale, 3712 Binkley, spoke in favor of the ordinance and stated he was concerned with parking in the MF~2 area and that Council has passed laws in the MF-2 area that have worked against property owners. Mr. Richard Means, Jr., 3400 Harvard, Dal1as~ spoke in favor of the ordinance, Me Means, who owns several rental properties in University Park, asked why create an ordinance that requires 1 parking spot per bedroom and then not change this ordinance? Mr. Means st.ated that property values and taxes cO'lud be impacted if the ordinance is not changed. Mr. Will Fulton, 3231-3233 Rosedale, spoke i.n favor of the ordinance and stated that construction of 3 bedroom units have had no impact on parking. Ms. Nancy F'ulton, 3330-3328 Rosedale, asked 230 Council to give property au ordinance with '"teeth" and that landlords could work with the Council tt) enforce. said that the problem is behavior, uot occupancy. Mr. Bri.an O'Boyle, 3809 Caruth, spoke in favor of the ordinance asking Council not to punish landlords and that occupancy is not the problem. He stated that there are ies in the 3 bedroom condominium market. Dr. Joe Ellen Bogart, 3220 Rosedale, favor of the ordinance, stating that SMU students desire to live close to campus. Mr. George Cramer, 6 81. Laurent, Dallas, spoke in favor of the ordinance, stating that the MF-2 areas are a transition zone between the University and single~family residences. Mr. Darrell Stuck, 4618 Beverly Drive, spoke in favor of the ordina current ordinance discriminates on lifestvle choices and . - . ~ suggested to rei in its entirety. Malt Dixon, 3448 Rosedale, was the last to speak in favor of the ordinance. He presented the Council with petition results that indicated 32 property owners in the area were in supp0l1 of the ordinance change. He continued that the current noise ordinance is insuftlcient and inet1ective and ended by stating that the parking issue can be controlled by other means, not occupancy. Mayor Holmes then opened the floor to those speaking in opposition to the ordinance. Mr. Frank McIntyre, 3439 Westminster was the first to speak in opposition and stated that those speaking in favor of the proposed ordinance live outside of the high density areas. He continued that Mr. Dixon's information only showed the people who own prope~1ies in the area, not those who live there. Mr. Michael Haines, 4024 Marquette, spoke in opposition to the or,r he was opposed to the change because it negatively impacts residents and that pie who spoke in support of the ordinance do not live in University Park. Mr. Robert Lett, 2713 Rosedale, sPQke in opposition to the ordinance, stating that he wa<:l concerned about single family pmperty values if the ordinance L homes near his property. Ms. Camlyn Marks, 6714 Hursey, spoke in op . She sta to assume that if more people are allmved to together that . ore cars. Mr. James Gamer, 3120 Milton, s the ordinance and stated that there is no cQmpeHing reason to change the ordinance because it only benefits SMU landowners, not the residents. Mr. Alan Wasserman, 3132 the ordinance. He noted that P&Z voted t Hi ging their ordinance. He continued that the majority of the community is single nd that SMU stated that they would be constructing new housing so there is no need to change the ordinance. Mr. Ben Blaek, 3041 Rose . n to the that he has considered moving from Uni of these issues. 3113 Milton, spoke in opposition to the that he was not s to SMU students, but was concerned wi quality of life. city does not have a responsibility to house Lillian Sills, 33 spoke in oppos' to the ordinance~ stating she was worried this would impact the feel of her ly neighborhood adjacent tQ the University. Mary Graves, ke in opposition to the ordinance stating uot the fact U students. Ms. Graves indicated that the improved in June when the ordinance was to be enforced. I , Mayor Holmes noted that a number of people filled out request-t who did speak, but wanted their position entered in the record. MaYQf Holme were in support of the ordinance to raise t thei ordinance. Mayor H:omes then asked t ion to to raise their hands. 10 people raised their to the ordinance. Holmes stated that he had 231 received a letter from Ms. Jo Lynn James suggesting that the streets west of Snider Plaza be changed to alternating one-way streets. Mayor Holmes requested that City Manager Bob Livingston look into this suggestion, Mayor Holmes had heard a great deal of information for the first time this evening ii'om. de Council was aware of the P&Z vote on this issue. Mayor Holmes closed the Public Hearing. CONSIDER AND ACT ON AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, BY AMENDING SECTION 40 TO DELETE THE DEHNITION OF FAMILY; AMENDING SECTIONS 21-100 (1) TO PROVIDE FOR 'CUPANCY 81' SINGLE FAMILY DWELLING DISTRICTS~ ECTIONS 22-100 101 (1) TO PROVIDE FOR USES AND OCCUPANCY STANDARD IN DUPLEX AND MULTIPLE-FAMILY DWELLING DISTRICTS: Mayor Holmes motioned to move the vote on the proposed ordinance to the next City Council Meeting on October 23, 2007. Mayor Pro-Tempore Shawver seconded, and the vote was unanimous to move the vote on the proposed ordinance to October 23,2007. PUBLIC HEARING ON AN ORDINANCE APPROVING l' TO PLANNED DEVELOPMENT DISTRICT PD-24 FOR A TRACT OF PARTICULARLY DESCRIBED AS LOTS 1, 2, 3A, 11 AND 12, BLOCK 13, S'] -,ACE ADDITION, AND MORE COMMONL Y KNOWN AS 4015 NO ry PARK, TEXAS: Architexas, represent ~hurch of Dallas requested an arnendment to the existing Planned Develo 24 to include an additional residential lot located at 4008 St. Andrews Drive and situated in the SF-2 zoning district The proposed PD mnendmcnt would incorporate lots 1, 2, 3A 11, and 12, Block B, 8t Andrews Place Addition, City of University Park and provides for 2.25 acres more or less. The existing church buildings located in PD-24 on the southeast corner of Normandy and Preston Road are approx. 31,134 sq. ft with a maximum building height of 35 feet. The church proposes to add approx. 17,552 sq. fL with a maximum building height of 35 teet for the new additions and renovations. The Planning and Zoning Commission voted 4 ~ 1 to recommend approval of tual site plan and recognized the following items be resolved: Dumpsters to be relocated to an internal pat1 of the site; Restrictions on rentals to take place within certain hours with no more than 3 consecutive days in a calendar year; and restrictions to school use. Mr. john Allender with Architexas reviewed the plans for the City Council and revisions that had been made to satisfy the PD Conditions. He stated that the church directed Architexas to be respectful to the neighborhood and that they are following Green LEED bui Iding strategies. Regarding parking, Mayor Holmes said that he saw the letter from North Texas TnlSt, but did not see any formal agreements for use of the Highland Park Village Parking or the adjacent bank. Church representatives indicated they had these agreements in place and would send the letters to the City. Councilmember Grable asked church representatives how numy members park in the Highland Park Village Parking Lot. Ms. Janet Thorp, First Unitarian Church President, replied that the lot is regularly used by church members on Sunday. Councilmember Grable inquired as to whether a day school was planned. Mr. Allender replied that the church will not have a school in the tllCility. Mr. Allender then addressed PD Condition # 15 with respect to privacy issues. He stated they had received a request that doors or glass not be installed on the new second and third floors along Preston Road. Mr. Allender indicated that instead, in an effort to still allow natural light, 232 they would like to use smoked glass on the second and third floors and that they had submitted samples far review, Mayor Holmes asked about the 90 degree parking proposed on Normandy and stated that changing it from the angled configuration presented a hazard. Mr. Allender indicated this was done to provide more spaces. Mayor Holmes stated that it provided minimal new spaces and for safety reasons, should be kept Mayor Holmes then addressed PD Condition #8 with respect 10 the rental of '1 ities. He noted that this condition prohibits the rental of the facility to any party unaffIliated with the Church and that rentals to the Park eit also prohibited. The Mayor indicated this was the same condition placed on and Methodist churches during their expansions. Councilmember Grable noted that the YMCA was currently using the church facility some evenings for classes and requested that, because of this condition, they discontinue use of the facility to the YMCA. Mayor Holmes also requested that the terms of the special use permit in PD Conditi.on #6 be stricken. Mayor Holmes opened the Public Hearing. Mr. Clycle Jackson, 6001 S1. Andrews, spoke in opposition to the ordinance stating that something should be added to the PD Conditions stipulating that a 4 :loot setback be maintained for the waiL He stated that if this was maintained, he would SUPP0i1 the building addition. Mr. Andrew Campbell indicated he was a property owner adjacent to the church and that he was fine with the 4 foot setback. Ms. Nancy Seay, 6007 St in 'tion to the ordinance stating that she would like to keep the "neighborhood character" 0 area. She stated that there is a gate on 81. Andrews and she would like Jor closed, except for emergencies. She also requested that a gate be installed on the as it could be a gathering place and asked that all parking lots be closed at night. a<:>ked Community Development Manager I-iarry Persaud to look at the ordinance governing the gate currently in place on 81. Andrews. Mr. Clyde Jackson, 6001 St. Andrews, spoke in opposition to the ordinance noting that the larger church adds density and that there will be additional traflic. Ms. Gail SchoeHkopf, 4006 Shenandoah, requested clarification on the 3 stories and informed the City Council that the YMCA has considered opening on Sunday. The City Council directed staff to verify if the YMCA hours of operation are restricted. Mr. Allender indicated that the church would install a gate on the proposed parking lot on . City Council directed staff to add to the PD Conditions a provision requiring the lot on SL Andrews have a gate. Mr. Allender continued that there would be green space on the third floor of the building, and that it would be accessible to people. However, this space was primarily designed to meet LEED goals and certification, and was not intended a':l a gathering place. Mr. Gill Brown, 4007 Nonnandy, spoke in favor of the PO, but indicated he did not know that people would be allowed out onto the green space on the third floor. Mr. Allender indicated there would be plantings to screen the area. Mayor Holmes closed the Public Hearing. CONSIDER AND ACT ON AN ORDINANCE APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT DISTRICT PD~24 FOR A TRACT OF LAND MORE PARTICULARLY.' AS LOTS I, 2, 3A, 11 AND 12, BLOCK B, 8T ANDREWS PLACE ADDITION, COMMONL Y KNOWN AS 4015 NORMANDY, UNIVERSITY PARK, TEXAS: Mayor Holmes stated this item would appear on the October 23,2007 Meeting Agenda and would be acted upon at that time. CONSIDER AND ACT ON A RESOLUTION SUSPENDING ATMOS ENERGY R.A.'rE INCR1~A8E REQUEST: This resolution would suspend a rate increase request by Atmos .........-.-...-.-................................<.-.........,.,.,.,.,. """"""""";""""';';';';';';';';8;';';,;,;,;,;:;.;;;,;,;;;;;;;;;;;;;;;;;;;; ,;,;,;,;,;;;;;;;;;;;;;;;;;;,;,;,;,;,;;;,;;;;;.;;;;;;;;;;;;;;;;;;;;;;;;;;" 233 Energy Mid-Tex Division. This action was recommended by the Atmos Cities Steering Committee (ACSC) and is separate from the September 4 resolution that denied the Atmos GRIP 4 increase. The Steering Committee now numbers 141 cities. l'helatest filing by Atmos seeks a $52 million increase, which would r<aise rates for average residentiaFcusb..1mers by nearly $20 per year. l11e filing would increase residential rates 8.27%, commercia] r<ates 22.72%, and industrial and transportation rates 38.95%. According to legal counsel for ACSC, the flling amounts to a re~litigation of the Atmos rate case concluded earlier this year. In that c<ase, Atmos sought a $62 million increase; the Railroad Commission (RRC) judges conchl.ded Atrn()s should decrease rates by $23 million; and the Railroad Commissioners ultimately approved a $1 0 million rate increase. ACSC attorneys also believe that the flUng is an attempt to establish all annual profit guarantee, which is a concept rejected by theRRC in the earlier case. Approval of the attached resolution would suspend the effective date of the Almos request by up to 90 days. Councilmember Carter moved approval of the resolution suspending the AtmosEnergy Rate increase request. COlillcilmember Walker seconded, and the vote was unanimous to approve the resolution suspending the Atmos Energy Rate increase request RESOLUTION NO. 07-19 RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP" MID-TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THECrrV TIME TO STUDY TI-IE REQUEST AND TO ESTABUSH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP" MID~TEX DIVISION SERVICE AREA:. TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THECOIVIPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; RBQUIRINGREIMBURSEMENT OF CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH TI-lIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL There being no further business, the meeting was adjourned. PASSED AND APPROVED this 23fd day of October 2007. ATTEST: