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Home My WebLink AboutAgenda 10-2-07 City Council AGENDA #2720 CITY OF UNIVERSITY PARK CITY COUNCIL MEETING COUNCIL CHAMBER – CITY HALL MODULAR BUILDING TUESDAY, OCTOBER 2, 2007 5:00 P.M. 1:30-3:30 P.M. CITY COUNCIL TRAINING COURSE ON INCIDENT COMMAND SYSTEM – City Hall, Fire Department Training Room 3:30-4:00 P.M. BREAK 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW – City Hall, Fire Department Training Room PUBLIC COMMENTS Questions and comments regarding Main Agenda items should be made when that item is addressed by the City Council. Please be advised that under the Texas Open Meetings Act, the Council may not discuss or act at this meeting on a matter not listed on the Agenda. Other questions or private comments for the City Council or Staff should be directed to that individual immediately following the meeting. I.CALL TO ORDER INVOCATION– Mayor Pro Tempore Shawver PLEDGE OF ALLEGIANCE – Mayor Pro Tempore Shawver/Boy Scouts – INTRODUCTION OF COUNCILMayor James H. Holmes, III INTRODUCTION OF STAFF– City Manager Bob Livingston II.AWARDS AND RECOGNITION DEPARTMENT PIN: Randy Fleming, Right-of-Way Inspector, 15 years of service III.CONSENT AGENDA A.CONSIDER AND ACT: On Approval of City Council Meeting Minutes for September 18, 2007 – Smith Page 3 IV.MAIN AGENDA A.PRESENTATION: Leon Bennett, SMU Vice President for Legal Affairs and Government Relations B.PRESENTATION: Regarding noise abatement issues citywide – Adams Page 8 C.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; amending Sections 21-100 (1) to provide for uses ï ±º éç and occupancy standard in single family dwelling districts; amending Sections 22-100 and 22-101 (1) to provide for uses and occupancy standard in duplex and multiple-family dwelling districts – Persaud Page 14 D.CONSIDER AND ACT: On an ordinance amending the Comprehensive Zoning Ordinance of the City of University Park, by amending Section 40 to delete the definition of family; amending Sections 21-100 (1) to provide for uses and occupancy standard in single family dwelling districts; amending Sections 22-100 and 22-101 (1) to provide for uses and occupancy standard in duplex and multiple-family dwelling districts – Persaud Page 17 E.PUBLIC HEARING: On an ordinance approving an amendment to Planned Development District PD-24 for a tract of land more particularly described as Lots 1, 2, 3A, 11 and 12, Block B, St Andrews Place Addition, and more commonly known as 4015 Normandy, University Park, Texas – Persaud Page 24 F.CONSIDER AND ACT: On an ordinance approving an amendment to Planned Development District PD-24 for a tract of land more particularly described as Lots 1, 2, 3A, 11 and 12, Block B, St Andrews Place Addition, and more commonly known as 4015 Normandy, University Park, Texas – Persaud Page 33 G.CONSIDER AND ACT: On a resolution suspending Atmos Energy rate increase request – Austin Page 75 V. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda should do so at this time. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any Agenda items listed herein. î ±º éç MINUTES #2719 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL MODULAR BUILDING TUESDAY, SEPTEMBER 18, 2007, 5:15 P.M. Mayor Holmes opened the regular City Council Meeting at 5:15 p.m. in the Council Chamber in the City Hall Modular Building. Present were Mayor Pro Tempore Harry Shawver and Councilmembers Syd Carter, Jerry Grable and Kelly Walker. Also in attendance were Finance Director and Acting City Manager Kent Austin, City Attorney Rob Dillard and City Secretary Kate Smith. AWARDS AND RECOGNITION DEPARTMENT PINS: Finance Director Kent Austin presented Gabriel Bueno, Utilities Worker #1, with a 10-year pin. Councilmember Walker moved approval of the Consent Agenda. Councilmember Grable seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF A SERVICE AGREEMENT WITH EMERGICON, LLC FOR PATIENT BILLING AND COLLECTION SERVICE: Emergicon, LLC provides billing and collection services to assist in collecting past due patient debts and proper filing of Medicare, Medicaid and Insurance claims. Emergicon will also assist in reviewing the Fire Department billing procedures to maximize the debt collection services. The contract is for a two year period with the agreement that the City will pay Emergicon eighteen percent (18%) of the total amount collected on past due accounts older than 120 days from the date of service. If the account is less than 120 days the City will pay Emergicon six percent (6%) of the total amount collected. Our patients will not be contacted by Emergicon for debt collection. CONSIDE A FOOD ESTABLISHMENT INSPECTION AND ENVIRONMENTAL HEALTH SERVICES AGREEMENT FOR FY2008: The agreement is for October 1 2007 through September 30, 2008 for inspections and environmental health services between the Dallas County Department of Health and Human Services and the city. CONSIDER A HEALTH SERVICES AGREEMENT WITH DALLAS COUNTY HEALTH DEPARTMENT FOR FY2008: The city will pay $48.00 for the fiscal year October 1, 2007 through September 30, 2008 for health services including tuberculosis control, sexually-transmitted disease control, communicable disease control, and laboratory services. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: FOR SEPTEMBER 4, 2007. MAIN AGENDA PUBLIC HEARING ON PROPOSED FY2008 BUDGET: The proposed FY2008 budget has been reviewed and recommended by three Advisory Committees: Employee Benefits, Finance, and í ±º éç Property/Casualty/Liability Insurance. The Capital Projects Review Committee also reviewed the capital project elements of the operating budget and the proposed FY2008 projects and recommended approval. The City Council has held two public hearings on the proposed tax rate and budget, and staff has published the required notices in the local newspaper, cable TV access channel, and City Web site. The total budget of $39,577,333 is 4.48% higher that last year’s $37,879,768 adopted budget. The City’s three budgeted funds include the General, Utility, and Sanitation Funds. Mayor Holmes opened the Public Hearing on the FY2008 Budget. Seeing there was no one present who wished to speak on the item, Mayor Holmes closed the Public Hearing on the FY2008 Budget. CONSIDER AN ORDINANCE ADOPTING FY2008 BUDGET: Mayor Pro Tempore Shawver moved approval of the ordinance adopting the FY2008 Budget. Councilmember Walker seconded, and the vote was unanimous to approve the FY2008 Budget. ORDINANCE NO. 07/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER A MOTION TO RATIFY THE PROPERTY TAX INCREASE REFLECTED IN THE BUDGET: Mayor Holmes moved to ratify the property tax increase reflected in the fiscal year 2008 budget. Councilmember Carter seconded, and the vote was unanimous to ratify the property tax increase reflected in the fiscal year 2008 budget. CONSIDER AN ORDINANCE ADOPTING 2007 PROPERTY TAX RATE: The proposed FY2008 (tax year 2007) property tax rate is $0.26836 per $100 taxable value. The entire rate is dedicated for maintenance and operations, including budgeted amounts to be transferred to the capital projects fund. There is no debt service portion of the tax rate. The proposed new rate represents an 8.32% nominal tax rate decrease and a 0.84% effective tax increase. Mayor Holmes moved to approve the ordinance that would increase taxes by adopting a 2007 property tax rate of 26.836 cents per $100 taxable value. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the ordinance that would increase taxes by adopting a 2007 property tax rate of 26.836 cents per $100 taxable value. ORDINANCE NO. 07/33 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 2007-2008 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 2007, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ì ±º éç CONSIDER AN ORDINANCE ADOPTING THE SALARY PLAN: The plan is derived from the annual pay study conducted by Hay Management Consultants and the annual survey of area cities for police and fire positions. The plan proposes 4% pay increases for all City employees except Fire lieutenant and captain (6% increase) and Police sergeant and lieutenant (6% increase). Total full-time headcount is 244 employees, an increase of three due to the three-officer traffic enforcement unit. Mayor Pro Tempore Shawver moved approval of the ordinance adopting the salary plan. Councilmember Grable seconded, and the vote was unanimous to approve the ordinance adopting the salary plan. ORDINANCE NO. 07/34 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY 2007-2008, AND PROVIDING AN EFFECTIVE DATE. CONSIDER A RESOLUTION UPDATING THE CITY FEE SCHEDULE: The water, wastewater, and sanitation rates included in the FY2008 budget are reflected in the new master fee schedule. The following fee changes are also proposed: Establishment of a $300 building inspection fee for inspections requested to be performed after regular business hours; Revision of the City’s MICU charges to set a resident fee of $600 for transport in the MICU and $700 for non-residents. Specific charges for mileage ($9.00/mile) and administration of medicines are also included. Councilmember Carter moved approval of the resolution updating the city fee schedule. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the resolution updating the city fee schedule. RESOLUTION NO. 07-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 06-23, EXHIBIT “A,” SECTION II. “BUILDING AND ZONING,” BY ESTABLISHING AN OVERTIME INSPECTION FEE; SECTION III. “UTILITIES,” BY AMENDING WATER SERVICE AND SEWER SERVICE CHARGES; SECTION IV. “PUBLIC SAFETY,” BY AMENDING AMBULANCE (MICU) FEES; AND SECTION V. “SANITATION,” BY AMENDING GARBAGE COLLECTION AND RECYCLING FEES; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF SCOPE OF SERVICES FOR CARL WALKER INC. TO CONDUCT A PARKING SUPPLY/DEMAND ANALYSIS AND PREPARE A STRATEGIC MANAGEMENT PLAN FOR SNIDER PLAZA; AND AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT FOR SPECIFIED SERVICES: On June 19, 2007, City Council adopted a resolution approving the first phase of the Snider Hillcrest Strategic Plan. At that meeting, the City Council also appointed the Snider Plaza/Hillcrest Strategic Plan Committee to work on specific items including parking, development standards and financing options for the implementation of the plan. Early in the work sessions, the Committee identified parking as a major issue impacting the current and future direction of Snider Plaza. The UP Merchants Association conducted a survey of existing businesses which showed a deficit of 487 parking spaces. The Townscape, Inc. study indicated a deficit of 160 parking spaces. The Committee wanted some clarification with respect to this discrepancy and agreed that the current parking issues needed further in depth analysis and study. The Committee reviewed a proposal from Carl Walker Inc., Parking Consultants with ë ±º éç extensive experience in dealing with parking issues. Carl Walker Inc. proposed to complete the study in approximately 4 months for a total cost of $38,000 including estimated authorized reimbursable expenses. The Snider Plaza/Hillcrest Strategic Plan Committee recommended approval. Councilmember Walker moved approval of the contract with Carl Walker, Inc. to conduct a parking supply/demand analysis and prepare a strategic management plan for Snider Plaza and authorize the City Manager to sign the contract for specified services. Councilmember Grable seconded, and the vote was unanimous to approve the contract with Carl Walker, Inc. to conduct a parking supply/demand analysis and prepare a strategic management plan for Snider Plaza and authorize the City Manager to sign the contract for specified services. CONSIDER AN ORDINANCE AMENDING THE FY2007 BUDGET TO INCLUDE THE PARKING STUDY FOR SNIDER PLAZA: This ordinance would amend the FY2007 General Fund expenditure budget to fund the Snider Plaza/Hillcrest parking study performed by Carl Walker, Inc. This is the fourth and final budget amendment for FY2007. The proposed budget amendment will increase the Engineering Division “Professional Services” account by $40,000 and reduce the General Fund unreserved fund balance by $40,000. The additional $2,000 above the contract amount is intended to cover any additional reimbursable expenses. Councilmember Grable moved approval of the ordinance amending the FY2007 Budget to include the parking study for Snider Plaza. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance amending the FY2007 Budget to include the parking study for Snider Plaza. ORDINANCE NO. 07/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO APPROPRIATE $40,000 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $40,000; AND PROVIDING AN EFFECTIVE DATE. CONSIDER AN INTERLOCAL AGREEMENT WITH COCKRELL HILL POLICE DEPARTMENT: In an effort to assist the Cockrell Hill Police Department with meeting the requirements of recording traffic stops under Article 2.135 of the Texas Code of Criminal Procedure, as it relates Article 2.132 Law Enforcement Policy on Racial Profiling, the University Park Police Department proposes to lend two surplus and unused video cameras to the Cockrell Hill Police Department. Both cameras have been in the possession of the University Park Police Department since 2002 and are not used due to the Department’s upgrade from video to digital recordings. Both cameras were received from the State of Texas Department of Public Safety when the Racial Profiling legislation was first enacted and funds were made available for such distribution of equipment. While the University Park Police Department has attempted to return the two cameras to the State of Texas, the State will not take the cameras back since there was no provision for returning this type of equipment. Councilmember Carter moved approval of the interlocal agreement with the Cockrell Hill Police Department. Councilmember Walker seconded, and the vote was unanimous to approve the interlocal agreement with the Cockrell Hill Police Department. DISCUSS CITY COUNCIL MEETING DATES FOR THE REMAINDER OF 2007: Councilmember Walker will not be able to attend the October 16, 2007 City Council Meeting and staff proposed moving this meeting to the following Tuesday, October 23. In addition, looking ahead to the remainder of 2007, in past years due to holidays one City Council Meeting has been ê ±º éç held the months of November and December. Mayor Pro Tempore Shawver moved to reschedule the October 16 City Council Meeting to October 23 and hold one City Council Meeting the months of November and December. Councilmember Grable seconded, and the vote was unanimous to approve the following City Council Meeting schedule for the remainder of 2007: Tuesday, October 2; Tuesday, October 23; Tuesday, November 6 and Tuesday, December 4. There being no further business, the meeting was adjourned. nd PASSED AND APPROVED this 2 day of October 2007. James H. Holmes, III, Mayor ATTEST: Kate Smith, City Secretary é ±º éç AGENDA MEMO (10/23/2007 AGENDA) DATE: September 19, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Noise Abatement _______________________________________________________________________ Background/Analysis Recently there has been a lot said about noise issues related to specific geographical areas of the City of University Park. The police department has conducted a study of a twelve month period to determine where these complaints are generated in the community, whether these complaints are isolated to any specific area (s) and how the police department handles these complaints. Recommendation Police Department will issue only one warning. A follow up call at the same location on the same date will result in a citation being filed by the officers. If the officers respond to a address with a history of noise disturbances (this can be flagged on CAD) a citation will be issued first call. No warnings. If the residence is that of a SMU student, the SMU Police will be notified and asked to make a report for their files. Attachments: Power Point Presentation è ±º éç NOISE ABATEMENT Gary W. Adams Chief of Police October 1, 2007 When the Police Respond Normally send two officers to the call Officers attempt to locate the source of noise/disturbance Officers contact the home owner or person in control of the property Verbal warning or warning citation to gain cooperation Return call at the location –citation or summons to court ç ±º éç IN ORDER TO ISSUE A CITATION The officer must witness the offense OR The complainant must sign a formal complaint with the court Circumstances Affecting Police Actions Are persons underage if alcohol is involved Are illegal drugs involved Are people or vehicles blocking the street Are the home owners/persons in control of the location cooperative Is the noise excessive Is the problem on-going ïð ±º éç Study of the Problem in University Park August 1, 2006 to August 1, 2007 Considered calls for the entire City Loud Party and Disturbance Calls Comparative study of the specific area in question Areas Being Considered ïï ±º éç COMPARATIVE DATA TOTAL CALLS CONSIDERED IN STUDY -253 REST OF CITYSTUDY AREA Total Noise 22825 Related Calls (90.1%)(9.9%) Time 11:00P–01:00AMidnight–02:00A Day SaturdayThursday MONTH JulyJanuary & October Action Taken on Repeat Calls 04/076800 blk Airline23:37Verbal Warning 00:05Verbal Warning 04/073000 blk Bryn Mawr17:45Verbal Warning 18:46Verbal Warning 10/063400 blk Haynie00:26Disregarded 00:43Verbal Warning 02/073000 blk Rosedale01:45Verbal Warning 02:37Verbal Warning 03/073400 blk Rosedale22:21Verbal Warning 22:43Verbal Warning 08/063100 blk Rosedale23:58Citation Minor in Poss 00:44No noise at location 03/073100 blk Rosedale23:33Unable to Locate 00:08Verbal Warning 10/063200 blk Rosedale00:01Verbal Warning 01:13Citation Issued ïî ±º éç PROBLEM SOLVING What Can the Police Do? Check all noise related calls for service to see if the address is a repeat “offender”at the time of the call – advise responding officers Train officers & communications personnel regarding appropriate response and actions Implement Policy of one warning -second call will result in a citation Make the Chief aware of repeat offenders Work closely with SMU Police and School Officials Distribute Noise Abatement information Work closely with Municipal Court in effective punishment/fines Establish directed patrol as workload permits Encourage Neighborhood Crime Watch –get to know your neighbor Article 7.300 Offensive Noises & Odors Prohibited A person commits an offense if he creates any noise or odor which is . where unreasonable noise or odor is generated . ïí ±º éç AGENDA MEMO (10/02/2007 AGENDA) DATE: October 2, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Hold a public hearing and consideration of an ordinance amending the Comprehensive Zoning Ordinance of the City of University Park, by amending Section 40 to delete the definition of family; amending Sections 21-100 (1) to provide for uses and occupancy standard in single family dwelling districts; amending Sections 22-100 and 22-101 (1) to provide for uses and occupancy . standard in duplex and multiple-family dwelling districts Background/Analysis: Dan Sefko addressed the City Council on June 5, 2007 on issues relating to the definition of Family, maximum building height and maximum plate line heights in the multi family districts. City Council provided directions for staff to proceed to amend the Zoning ordinance. On July 16, 2007 the Planning and Zoning commission held a public hearing and considered an ordinance to change the definition of “Family” so that “not more than three (3) individuals unrelated by blood, marriage, or adoption” may occupy a dwelling unit. At that meeting, P&Z voted 3-2 to deny the proposed amendment to change the definition of "family" from two to three unrelated individuals. The comment was made that the current definition to include "not more than two individuals unrelated by blood, marriage or adoption" should remain in the single family districts but may be changed as it relates to multi family districts. On August 7, 2007, City Council held a public hearing, considered the proposed ordinance and provided directions to staff 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 public hearing and considered another draft ordinance to provide an occupancy standard of not more than three individuals unrelated by blood, marriage or adoption in the Duplex and Multi family districts and not more than ïì ±º éç two individuals unrelated by blood, marriage or adoption in the single family and single family attached districts. Recommendation P&Z voted 3-2 on a motion to deny the proposed ordinance. Attachments: 1. Proposed Ordinance 2. P&Z minutes for September 18, 2007. ïë ±º éç MEMORANDUM Sefko Planning Group To: The City of University Park – Mayor and City Council From: Dan Sefko, AICP Subject: Family Size Date: October 2, 2007 As per direction and input received by the Planning and Zoning Commission (7-16-07) and the City Council (8-7-07), please find attached the revised ordinance reflecting the proposed changes to the Zoning Ordinance. Based on meetings with the City Staff, City Attorney and Consultants the proposed amendments establish occupancy standards by zoning district. In the SF-1 through SF-4 districts the occupancy standard remains “…not more than two (2) individuals…” In the Duplex and MF-1 through MF-4 districts the standard has been changed to “…not more than three (3) individuals…” It is our opinion these changes reflect the policy direction as desired by the City on this issue. ïê ±º éç ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 40 TO DELETE THE DEFINITION OF FAMILY; AMENDING SECTIONS 21-100 (1) TO PROVIDE FOR USES AND OCCUPANCY STANDARD IN SINGLE FAMILY DWELLING DISTRICTS; AMENDING SECTIONS 22-100 AND 22-101 (1) TO PROVIDE FOR USES AND OCCUPANCY STANDARD IN DUPLEX AND MULTIPLE-FAMILY DWELLING DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and have forwarded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section 21-100 (1) of the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended in part as follows: “21-100 Single-Family Dwelling Districts (1) Uses and Occupancy Standard In the Single-Family Dwelling Districts (SF-1 through SF-4 and SF-A) land shall not hereafter be used … Occupancy of structures in the Single-Family Dwelling Districts shall be limited to a single individual or any number of individuals who live together as a single housekeeping unit, provided not more than two (2) of the individuals are unrelated by blood, marriage, or adoption.” SECTION 2. That Sections 22-100 and 22-101 of the Comprehensive Zoning Ordinance of the City of University Park, Texas, are hereby amended in part as follows: ïé ±º éç 22-100 Duplex Dwelling Districts “ (1) Uses and Occupancy Standard In the Duplex Dwelling Districts (D-1 and D-2) land shall not hereafter be used… Occupancy of structures in the Duplex Dwelling Districts shall be limited to a single individual or any number of individuals who live together as a single housekeeping unit, provided not more than three (3) of the individuals are unrelated by blood, marriage, or adoption.” … 22-101 Multiple-Family Dwelling Districts (1) Uses and Occupancy Standard In the Multiple-Family Dwelling Districts (MF-1 through MF-4) land shall not hereafter be used… Occupancy of structures in the Multiple-Family Dwelling Districts shall be limited to a single individual or any number of individuals who live together as a single housekeeping unit, provided not more than three (3) of the individuals are unrelated by blood, marriage, or adoption.” SECTION 3. That Section 40 “General Definitions” of the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended by deleting the definition of “Family” contained therein. SECTION 4. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be ïè ±º éç invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the _______ day of _______________________ 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (RLD/08/15/07)(19151) ïç ±º éç PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES September 18, 2007 The Planning and Zoning Commission of the City of University Park met on Monday, September 18, 2007 at 5:10 P.M. in the City Hall Modular Building, 3800 University Blvd., University Park, Texas. The following are minutes of that meeting. Commission Members AttendingStaff Members Attending Robert H. West – Chairman Harry Persaud – Community Dev. Mgr Reed Shawver, III Lorna Balser – Planning Assistant Doug Roach Rob Dillard, City Attorney Randy Biddle Ed Freeman Present and Seated Bea Humann Jerry Jordan Absent Bill Foose Mr. West opened the meeting, welcomed everyone in attendance and then read the specifics of the case. 1.Hold a public hearing and consideration of an ordinance of the City of University Park, Texas, amending the comprehensive zoning ordinance of the City of University Park, as heretofore amended, by amending Section 40 to delete the definition of family; amending Sections 21-100 (1) to provide for uses and occupancy standard in single family dwelling districts; amending Sections 22-100 and 22-101 (1) to provide for uses and occupancy standard in duplex and multiple-family dwelling districts. Mr. West introduced Mr. Dan Sefko, Sefko Planning Group-Dallas, TX, the consultant hired by the City of University Park to review the definition of family and to make a recommendation to the Planning & Zoning Commission on his findings. Mr. Sefko began his presentation through the use of a PowerPoint presentation in which he gave an overview of the current and proposed standards. His recommendation was stated to continue with the present definition of “no more than two (2) unrelated individuals…” in the SFA and SF-1 through SF-4 districts but to change the MF-1 through MF-3 districts to state that “no more than three (3) unrelated individuals…” Mr. Sefko asked the board for questions. With none noted, Bob West opened the public hearing for discussion. He asked for any residents in favor to approach the podium. George Cramer who owns 3 units on Hursey and Hillcrest stated that he was in favor of the ordinance. îð ±º éç With no one else wanting to speak in favor, Bob West asked for anyone in opposition to make themselves known. James Garner who resides at 3120 Milton approached the podium. He stated that there are issues with the existing structures and that there is no good public policy in place to benefit the citizens with this change. By creating higher density with multi-family, he feels like the city would be creating more problems. Frank McEntire who resides at 3439 Westminster approached the podium. He stated that the parking is already severe and with all of the duplex being torn down and replaced with multi- family, there is not enough parking spaces to hold many of the cars. Mary Graves who resides at 6716 Hursey approached the podium and stated that the multi- family areas are already problematic. In school hours, it is hard to get down Hillcrest and it creates traffic in both the multi-family area and the Snider Plaza area. She stated that the streets are too narrow with random parking all over the place. The biggest concern for the neighbors is keeping the streets safe for the kids, pedestrians and the drivers. Mary Graves said that the noise level is up and there has not been any enforcement change. She asked that the P&Z members keep the occupancy rates where they are and to enforce the present ordinance. Mike Haines who resides at 2024 Marquette approached the podium and stated that there are other college towns which restrict the number of occupants and this city wants to increase. He asked that the big question to ask oneself is “why”. He stated that the residents don’t want more traffic and/or people. He feels that it is the “transients” which will be served by this increase. Mr. Haines feels that if passed; the council and P&Z do not stand with the residents. He feels that the definition of family in University Park is too narrow and requested that P&Z oppose the proposed amendment and show the desires of the residents by enforcing the codes which presently exist. Michael Korman who resides at 3100 Milton approached the podium and stated that he had checked the P&Z member’s home addresses to determine their proximity to the Hursey St. multi- family area. He felt like P&Z is not listening to everyone. He stated that he has to walk the dog on the street because there are so many cars. He then asked for Dan Sefko’s qualifications. Dan Sefko approached the podium so as to advise every one of his qualifications and that he was approached by the City of University Park to address this issue for the city. Tom Hoyt who resides at 3113 Milton approached the podium and stated that he was in opposition to the zoning ordinance amendment. He stated that it is important that the City of University Park has created a sub committee for the Snider Plaza area. He asked that the P&Z members ask themselves one question. That question is, “how will increasing the density of cars and people improve the life for the people”. îï ±º éç Kitty Holloman who resides at 3039 Marquette approached the podium and stated that the city must keep its little town. She recommends that one way streets around Snider Plaza would help. Ms. Holloman also said that it is distressing that the town cannot be kept the way it should be. Dot Gruber who resides at 2905 approached the podium and stated that she feels that the entire area will be affected by the Bush library. She stated that the traffic is increasing all the time. Bob West advised her that the P&Z members would not be talking about the library and that she could talk about that at a council meeting. Jill Lynn James who resides at 6712 Hursey approached the podium and stated that she has lived at her address for 22 years. She said that where there should be 2 residents per unit, there are 4 per unit and it is never enforced. She said that employees from Snider Plaza wait for parking spaces to open. She challenged P&Z members to drive down Hursey and that they would find that there is not room for anymore cars. Susan Wilson who resides at 3312 Westminster approached the podium and stated that she opposes increasing the population density for the safety of the neighborhood. Due to the lack of enforcement and with additional residents moving into the block, a situation has arisen where no one can park in front of their homes. Ms. Wilson stated that the residents want the city to keep the laws that are on the books and to enforce them. She then asked Dan Sefko when his contract will end and when it is that he should have a recommendation made to the council. Dan Sefko advised her that a set of amendments to the zoning ordinance and a subdivision ordinance will be presented to the council around the beginning of next year. Benny Parish who resides at 3325 Westminster approached the podium and stated that it is really difficult to park now and that it is really bad when 3 residents live together and have 3 boyfriends or girlfriends plus friends over. He said that there is no place for guests to park. He urged the members to please listen to the residents. Lillian Hills who resides at 3328 Westminster approached the podium and stated that she has compiled a list of residents on her block of the number of residing occupants which reside in each unit as well as the number of cars they park there. With no further comments, Bob West closed the public hearing. Ed Freeman motioned to deny the change. Bob West asked if there was a second motion. Doug Roach stated that without rigorous enforcement, everyone seems fearful of automobiles and that he does not understand how traffic could get much worse than now. He stated that P&Z has passed an amendment for a 1 car per bedroom, therefore; “what is the difference between me and my buddy or me and my brother residing there?” Reed Shawver said, “no I don’t think it can get much worse”. He stated that he lives in the affected zone and has been living with it for years. îî ±º éç Bob West stated that the issue is hard to enforce. He said that he understands what Reed Shawver and Doug Roach had stated. He also said that he feels that because other cities make certain choices, it doesn’t mean that it applies to University Park. Doug Roach stated that his feelings on this issue are that 3 unrelated are acceptable to live in a unit together but because the residents present had been loud enough, he was moving to the other side. Reed Shawver questioned that if the city wanted to keep the multi-family district size regulation as is, then how can the city hold up their requirement for 1 car per bedroom? He stated that he thinks it feels better to have 3 car spaces. Randy Biddle made the comment that perhaps the city could make do with 1 additional off street parking space required with current zoning. Ed Freeman made the motion to deny the proposed zoning ordinance amendment as stated. Bob West seconded the motion. With no further discussion, the motion to deny was passed with a 3-2 vote. Reed Shawver and Randy Biddle opposed. Mr. West then asked for approval of the minutes from the August 20, 2007 meeting with any comments or changes. With no comments or changes Ed Freeman made a motion to approve the minutes. Randy Biddle seconded the motion and the motion was passed with a 5-0 vote. With there being no further business before the Board, Mr. West adjourned the meeting. _________________________ Robert H. West, Chairman Planning & Zoning Commission _________________________ Date îí ±º éç AGENDA MEMO (10/02/2007 AGENDA) DATE: October 2, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Hold a public hearing and consider an ordinance approving an amendment to Planned Development District PD-24 for a tract of land more particularly described as Lots 1, 2, 3A, 11 and 12, Block B, St Andrews Place Addition, and more commonly known as 4015 Normandy, University Park, Texas. Background/Analysis: Architexas, representing the First Unitarian Church of Dallas is requesting an amendment to the existing Planned Development District PD-24 to include an additional residential lot located at 4008 St. Andrews Drive and situated in the Single family SF-2 zoning district. The proposed PD amendment will incorporate lots 1, 2, 3A 11, and 12, Block B, St 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 is approx. 31,134 sq. ft with a maximum building height of 35’. The church proposes to add approx. 17,552 sq. ft. with a maximum building height of 35’ for the new additions and renovations. Building details to be presented at the public hearing are shown on the conceptual site plan, building elevations, conceptual site mitigation plan and the conceptual site planting plan which are attached. A Traffic Impact Analysis conducted by DeShazo, Tang & Associates on behalf of the First Unitarian Church is also attached. Recommendation Planning and Zoning Commission voted 4 - 1 to recommend approval of the PD conceptual site plan recognizing the following items to be resolved before the item is considered by City Council. 1.The sanitation issue: Dumpsters to be relocated to an internal part of the site. 2.Restrictions on rentals to take place within certain hours with no more than 3 consecutive days in a calendar year. 3.Restrictions to the school use. îì ±º éç Attachments: 1. P&Z minutes of August 20, 2007 2. Draft PD ordinance with PD conditions 3. Conceptual Site Plan and other supporting documents 4. Copy of Traffic Study 5. Responses from Property owners îë ±º éç City Council Report DATE: October 2, 2007 TO: Mayor and City Council FROM: Harry Persaud, Community Development Manager RE: PZ-07-015 GENERAL INFORMATION APPLICANT:Architexas, Representing First Unitarian Church of Dallas LOCATION: 4015 Normandy, PD-24, the same beingLots 1, 2, 3A, 11 and 12, Block B, St. Andrews Place Addition, being an Addition of the City of University Park,Dallas County , Texas. REQUEST: Requesting a zoning change from SF-2 to PD-24 zoning district classification for a tract of land situated East of Preston and North of and abutting St. Andrews Dr., and described as lot 3A, St. Andrews Place Addition ,in the City of University Park; and consideration of a conceptual site plan for the amended PD-24 zoning district. EXISTING ZONING: PD-24 and SF2 SURROUNDING LAND USE: : NorthPD-12 YMCA : South Dallas Country Club : East SF-2 (Residential) : West SF-4, D-2 STAFF COMMENTS: Architexas, representing the First Unitarian Church has submitted an application for a zoning change for lot 3A and consideration of a conceptual site plan for PD-24. First Unitarian Church of Dallas proposes to rezone a portion of land situated north of and abutting St. Andrews Dr. and described as lot 3A, located in the St. Andrews Place Addition currently zoned SF-2. Section 20 “Use Table” of the Comprehensive Zoning Ordinance requires a Specific Use Permit for a church in the SF-2 zoning district. The maximum building height in the SF-2 district is 35 feet. îê ±º éç The existing church buildings located in PD-24 on the southeast corner of Normandy and Preston Road is approx. 31,134 sq. ft with a maximum building height of 35’. The church proposes to add approx. 17,552 sq. ft. with a maximum building height of 35’ for the new additions and renovations. In addition to a traffic study, the applicants have submitted a conceptual site plan showing the existing and the proposed building sites, building elevations, site planting plan and parking analysis. The parking analysis shows the need for 143 parking spaces for an estimated 427 seats in the Sanctuary. The site plan shows 57 spaces provided on site and 18 additional spaces located in the public Right-of- Way on Normandy Avenue. Overall, the proposed development is short of meeting the parking requirement by 68 parking spaces. However, the Church has current written agreements with the Northern Trust Bank (71 spaces) and Highland Park Village Shopping Center (317 spaces) for use of approx. 442 spaces. Architexas will present the conceptual site plan at the public hearing and respond to questions and comments. A public notice was published in the Park Cities News on August 9, 2007 and September 13, 2007. Property owner notices were mailed to owners within 200 feet of the subject tract. RESPONSES: At the time of this staff report, five responses were received from property owners with in 200 feet with 3 opposed and 2 in favor. ATTACHMENTS: 1. P&Z minutes of August 20, 2007 2. Draft PD ordinance with PD conditions 3. Conceptual Site Plan and other supporting documents 4. Copy of Traffic Study 5. Responses from Property owners îé ±º éç PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES August 20, 2007 The Planning and Zoning Commission of the City of University Park met on Monday, August 20, 2007 at 5:15 P.M. in the City Hall Modular Building, 3800 University Blvd., University Park, Texas. The following are minutes of that meeting. Commission Members AttendingStaff Members Attending Robert H. West – Chairman Harry Persaud – Community Dev. Mgr Reed Shawver, III Lorna Balser – Planning Assistant Bea Humann Rob Dillard, City Attorney Jerry Jordan Bill Foose Present and Seated Ed Freeman Randy Biddle Abstained Doug Roach Mr. West opened the meeting, welcomed everyone in attendance and then read the specifics of the case. PZ 07-015 – Architexas, representing First Unitarian Church of Dallas, requesting a zoning change from SF-2 to Planned Development District “PD-24” zoning district classification for a tract of land situated East of Preston and North of and abutting St. Andrews Dr., and described as lot 3A, St. Andrews Place Addition, in the City of University Park; and consideration of an amended conceptual site plan for PD-24 zoning district. The subject tract is zoned Single Family SF-2 and PD-24 and owned by the First Unitarian Church of Dallas. Mr. West then asked for Harry Persaud to review the case. Mr. Persaud stated that the submittal was a Planned Development concept plan for the subject property. He reviewed the zoning for the area, and displayed the 200 ft. buffer area for which letters were mailed . Harry Persaud then introduced James Snell from the First Unitarian Church of Dallas and John Allender from Architexas. James Snell is a University Park resident who resides at 4017 Stanford, and is a past president of the church from 2003-2006. Mr. Snell approached the podium and spoke of the proposed project which began in 2003. He reviewed the churches values and the churches desire to be integrated into the community. At the present time, church members feel that their current space does not meet their needs. They have attempted to construct their design and architecture to be sensitive to the surroundings. îè ±º éç James Snell then introduced John Allender with Architexas. Mr. Allender reviewed the plans for more classrooms, offices and a fellowship hall. With their building designs, he stated that protection of the trees is very important while also increasing their on site parking while maintaining a residential feel of the church grounds. Mr. Allender then reviewed the church plans with the help of a PowerPoint presentation. He emphasized the reinforcement of the fire lane with the new fire hydrant that will be placed onsite. He said that the planting plan was being developed with the building plans so as to maintain the trees. The arbor court outlines a vehicle drop off within the colonnade into the campus. Mr. Allender reviewed the green building goals proposed by the church such as using native plant materials which are sustainable in the Texas heat. He assured the committee that there are no building heights which will exceed 35’ in height. Mr. Allender addressed the parking proposed for the subject property. There are 427 proposed seats in the sanctuary with 142 on site parking spaces required. The church has proposed 75 on site parking spaces. With the additional Sunday spaces available at Highland Park Village of 317 and other spaces available in an adjacent bank and retail, there are plenty of parking spaces available around the church to park. Bob West asked for any questions or comments. Bob West asked Mr. Allender if the church will run a school. Mr. Allender responded that the church will not run a school. Janet Tharp, President of the Congregation outlined the number one goal in the church’s plan. This goal is for the church to provide community outreach which would be run by the church board and church staff. They would invite people to speak at their church for education. Jerry Jordan asked if the church would be considered a 503 C1 organization. Ms. Tharp responded that it is not right now but that the church is exploring that possibility. James Snell added that it is an extension of what is already done at the church. Jerry Jordan questioned the classrooms and education. John Allender stated that they can add restrictions on education and use of the facilities to the PD requirements. Bill Foose asked about the drive off of Preston Road. John Allender stated that there is a marker for the front entry of the church, for inclement weather as well as older members of the congregation. Bob West asked Mr. Allender how many cars the front entry of the church would accommodate. John Allender responded that it would accommodate 3-4 cars. Bill Foose asked Mr. Allender about the car circulation out of the front entry of the church. John Allender responded that people would take a right out of the exit. Bob West advised everyone in attendance that the plan currently being considered is a conceptual site plan. First Unitarian Church will come back later with the details. Clyde Jackson who resides at 6001 St. Andrews asked about the dumpster situation. John Allender responded that there will be a gate enclosure which is being reviewed by the city staff. îç ±º éç Mr. Jackson expressed a possibility for placing it further back toward Preston Rd. John Allender stated that the design requirements would make it difficult. Bea Humann asked if parking spaces would be lost if the dumpsters were placed toward the parking lot. John Allender stated that they would. Andrew Campbell who resides at 4004 St. Andrews corrected John Allender that trees would be lost if the dumpster location were moved further back. Bea Humann stated that any spillage though would be on their own lot. John Allender agreed. Bob West advised John Allender to re-visit with the Jacob Speer again regarding sanitation. Andrew Campbell stated that there are many things that he does not like about the plans but that it sounds like the church is working out the details. Clyde Jackson noted that the YMCA next door has their trash accommodated and contained within an enclosed area and that the church might consider looking at that. Bob West added that the YMCA’s faces Shenandoah. Mr. West again asked for any further questions or opposition. Dr. James Huth who resides at 4005 Normandy commended the church on their growth but added that the church is land locked. Any increase in size will increase traffic and noise. Although the sanctuary is not changed for now, he questioned what will happen in 10 years, considering what has happened in the past. He recalled a previous week’s function in which many people were picking up kids and provided the members of P&Z with photos he had taken. He felt that the commission should consider more than the one piece of property in their decision. Bob West asked Clyde Jackson to expand on his letter and recommendations to the Planning & Zoning Commission dated August 20, 2007. Clyde Jackson responded that he (1) wants language outlining the uses of the school, (2) would like restrictions placed on the YMCA uses in reference to the church, (3) would like to see the dumpster located where it is proposed. Bob West again asked for any further questions or opposition. John Roach who resides at 4101 San Carlos approached the podium and stated that the church is good neighbors and that parking is generally not a problem. He feels though that the parking has reached its maximum potential though. He feels that to ask neighbors to accept any more is not acceptable and he is against any expansion. Bob West questioned the church about their growth. Janet Tharp responded that while they have grown through the years, it has been really slow. John Allender added that the largest problem for the church has been with their educational classrooms. He stated that they have had to double their age groups for classes and stagger the schedules. They would really like to break up the student according to their age groups. Gil Brown who resides at 4007 Normandy approached the podium and questioned the church’s rental uses. Bill Foose asked about the types of services held at the church. Janet Tharp responded that there are 2 services held on Sunday along with 2 sessions of Sunday School. There are 2-3 groups which meet once during the week. Bill Foose asked if it was on Wednesday nights that groups meet. Ms. Tharp responded that it was not. Some groups meet on íð ±º éç Wednesday nights but no services are held. She added that during the summer, they hold “Sun Fun” which is equivalent to Vacation Bible School with approximately 45 kids. Jerry Jordan asked if the pick up of kids loops through the St. Andrews parking lot. Janet Tharp responded that having the bank across the street provides a security issue for the kids. Rob Dillard noted that renting to non affiliated groups presents a question of the facility having a accessory use. Jerry Jordan suggested that the proposed draft show facilities which cannot be rented unless the church can provide parking. Harry Persaud recommended that the PD amendment be worded to say “only affiliated”. Art Anderson, Attorney for the church stated that he would like to work with Rob Dillard on the PD language. Bob West asked Rob Dillard about possibly tabling the item until the next meeting. Rob Dillard stated that tabling was a possibility. John Allender quickly added that the church wanted to move onto the detailed design of the development. Bob West reviewed the items of concern which had been brought before the commission. 4.The sanitation issue: to relocate to an internal part of the site. 5.Restrictions on rentals to take place within certain hours with no more than 3 consecutive days in a calendar year. 6.Restrictions to the school use, with cones being put out, etc. Rob Dillard stated that the city could place all items into motion and still proceed to Council. Bill Foose stated that he still had concern about the parking lot and the pick up of children. Bob West asked Harry Persaud about the Preston Road drive through and the stacking distance required. Harry Persaud stated that he did have concern for the stacking of automobiles. A representative with the traffic consultant approached the podium and stated that there would be minimum impact for Preston Road on Sunday mornings according to their observations and calculations. Gil Brown who resides at 4007 Normandy asked the church representatives about the detailed landscape plan and what trees would be coming down and what would be saved. She asked that there be sensitivity to the neighbors. Bill Foose asked the direction of pedestrian or vehicular traffic through the site. John Allender responded that it will be East to West access. Janet Tharp added again that the church has a great deal of concern for the trees and will continue to do so as the plans are completed. As to the dumpster, she stated that the church would be happy to work with the city and the sanitation department. Bob West closed the public hearing and asked for discussion from the P&Z members. íï ±º éç Bill Foose made a motion to table until the next meeting so that specific issues would be studied and worked out. Bob West added that the council could then look at it and they would then come back to the Planning and Zoning Commission with the detailed site plan. Bob West asked for a second. There was none provided. Reed Shawver motioned to approve the conceptual site plan with the restrictions earlier provided by Bob West along with resolutions to the rental of the facility and for the church to work with the neighbors on the screening of the dumpsters. He recommended that a restricted use be outlined in the PD requirements and to move forward to rezone the SF-2 lot as PD-24. Jerry Jordan questioned the two parts to motion. Harry Persaud recommended approval of the rezoning and conceptual plan with restrictions prior to going to council. Bea Humann seconded the motion for approval with the rezoning from SF-2 to PD-24, and amending the concept site plan of PD-24 with the requirements for rental uses, school restriction and sanitation satisfied prior to proceeding to City Council. Harry Persaud recommended that the church submit copies of the parking agreements with surrounding lots to the city. Reed Shawver stated that he did not wish to amend the motion further. Bill Foose stated that he continued to question the on site circulation. John Allender stated that the church can place a chain or sign on the lot when the spaces are full. Reed Shawver stated again that he wanted to leave the motion as previously stated. The motion was passed in favor 4-1 with opposition from Bill Foose. Mr. West then asked for approval of the minutes from the July 16, 2007 meeting with any comments or changes. With no comments or changes other than to change Bill Foose’s comment on page 3 to read that “University Park cannot really accommodate University apartments”. Bill Foose made a motion to approve the minutes with the change. Bea Humann seconded the motion and the motion was passed with a 5-0 vote. With there being no further business before the Board, Mr. West adjourned the meeting. _________________________ Robert H. West, Chairman Planning & Zoning Commission _________________________ Date íî ±º éç ORDINANCE NO.____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 24; APPROVING A NEW CONCEPT SITE PLAN FOR THE FIRST UNITARIAN CHURCH AT 4015 NORMANDY, UNIVERSITY PARK, DALLAS COUNTY, TEXAS, TO ADD THE PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 3A, BLOCK B, ST. ANDREWS PLACE ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, as heretofore amended, are hereby amended by amending Planned Development District No. 24 for the First Unitarian Church of Dallas (“Church”), to add the property described as Lot 3A, Block B, St. Andrews Place Addition, an addition to the City of University Park, Dallas County, Texas, and hereafter, PD-24 shall include Lots 1, 2, 3A, 11, and 12, all of which is more commonly known as 4015 Normandy, University Park, Texas. SECTION 2. That the new concept site plan setting forth the land uses proposed for the amended PD-24 is attached hereto as Exhibit "A" and made a part hereof for all GW26987 TM20555 íí ±º éç purposes, the same as if fully copied herein. That such site plan contains the data required by Section 17-101(1) of the Comprehensive Zoning Ordinance, and is hereby approved in all respects. SECTION 3. That the granting of the amended Planned Development District No. 24 is subject to the following special conditions: A. Development of the property shall be in accordance with the detailed site plan to be submitted and approved in accordance with Section 17-101(2) and all other provisions of the Comprehensive Zoning Ordinance of the City of University Park, as amended hereby, and, unless otherwise defined herein, all terms used shall have the respective definitions assigned to them in the Comprehensive Zoning Ordinance; B. The Church will limit use of the office space to Church offices only; C. The buildings and property may be used as set out below and are subject to the conditions listed as follows (maximum square footages): 1. Sanctuary of 4,475 square feet for worship services, congregational gatherings, and other church-related events; 2. Chapel of 868 square feet for worship, receptions, congregational gatherings, and other church-related events; 3. Offices of 5,572 square feet for offices and classrooms; 4. Fellowship Hall of 5,594 square feet for fellowship, receptions, congregational gatherings, and other church-related events; 5. Library use of 1,198 square feet; 6. Education use of 17,373 square feet for Sunday School classrooms and offices, provided that no public or private school shall be permitted without approval of a specific use permit; 7. The parking lot on the southeast corner of the site may not be used for gatherings GW26987 TM20555 íì ±º éç of people, nor shall any tent or canopy be erected thereon for any purpose; the Church will be responsible for opening the gates to the dumpster site on St. Andrews Drive on pick up days and closing the gates after the dumpsters have been emptied; if the gates are not open when the sanitation truck arrives, the dumpsters will not be emptied except by request for special service at another time, which will require an additional charge; 8. No part of any building on the property may be rented to any party unaffiliated with the Church unless all required parking can be accommodated on church property and on Church-facing parking on Normandy Avenue. Rentals to the Park Cities YMCA are prohibited. Notwithstanding the foregoing, any such permitted rental of the property to any party unaffiliated with the Church shall only be permitted between the hours of 9:00 a.m. through 5:00 p.m., Monday through Friday. The Church is prohibited from renting to any one person or organization more than once annually, and the total lease term must not exceed a total term of three consecutive days in any calendar year. No such rental may be made if such use would create a noise or other nuisance to residential neighbors. 9. Proposed maximum building heights. The Existing Sanctuary shall remain at 35’-0” to the top of parapet; the Existing Chapel shall remain at 17’-3” to the top of the ridge; the Renovated Office Building shall remain at 29’-0” to the top of ridge; the Renovated Choir Room shall have a maximum height of 28’-0” at the top of parapet. The Proposed Office and Sunday School Building shall have a maximum height of 35’-0” to the top of parapet; the Proposed Fellowship Hall shall have a maximum height of 29’-0” to the top of parapet. 10. Yard, lot and space regulations. Maximum yard, lot, space and height regulations are shown on the attached Conceptual Site Plan. 11. Landscaping. All existing trees shown on the Conceptual Site Mitigation Plan shall be maintained as far as possible. Development of the landscaping must be in substantial conformance with the attached Concept Site Planting Plan. A Detailed Site Planting Plan must be approved prior to development. The Detailed Site Planting Plan must be in substantial conformance with the attached Conceptual Site Planting Plan. 12.Screening. A minimum 8' screening wall will be constructed adjacent to the eastern boundary of the property at the location shown on the Conceptual Site Plan. A tubular steel fence will also be constructed on the eastern boundary at the location shown on the Conceptual Site Plan. Additional bushes, shrubs and other vegetation shown on the Concept Site Planting Plan will be located adjacent to the tubular fence. All screening structures will be maintained by the Church. Plant material integral to the screen along the tubular fence will be maintained by the Church. 13.St. Andrews Gate. The Church will, with the prior approval of the City Council or its designee, either (i) relocate the existing gate on St. Andrews Drive to the location shown on the Concept Plan, or (ii) remove the existing gate and install a new gate with similar appearance and materials at the location shown on the Concept Plan, provided GW26987 TM20555 íë ±º éç that the Gate will not, during construction of the improvements or at any other time, be removed for more than 24 hours at any one time unless the Church secures permission from the Director of Public Works and provides and erects temporary traffic barricades to prevent traffic from entering St. Andrews from the West . 14. Site Lighting. Lighting standards for the new parking lot on the eastern portion of the Property shall not exceed 8' in height (except for tree-mounted illumination). Lighting fixtures shall be equipped with a cut-off luminaire so that lighting is contained on the subject site. 15. Preston Road Façade. The materials of new construction facing Preston Road may include stone, cast stone, masonry, stucco, concrete, wood, metal or glass. Sight lines from the third floor of the new construction facing Preston Road shall not be allowed into the backyards of residential properties located west of Preston Road. 16. Construction Standards. No parking of construction vehicles or equipment will be permitted on City streets, except for streets that are closed for construction. All parking shall be in the space provided on the site or in the employee parking lot. If additional parking is required, the contractor shall provide off premises parking and shuttle workers to the site. 17. In order to minimize disruptions caused by construction, the Church will be limited in time for completion of the work allowed by this ordinance. All phases of construction will be completed no later than 48 months from issuance of the initial building permit. 18. Primary entry to the construction site for all activities and delivery of materials shall be from Preston Road and St. Andrews Drive, provided that construction traffic, including equipment, materials, personnel, deliveries, etc. not be routed to the site by Normandy-St. Andrews through the adjacent residential area to the east, and that any such traffic on St. Andrews come off of Preston Road and not go east of the St. Andrews Gate. 19. No parking of construction vehicles or contractors' employees' vehicles shall be allowed on City streets. 20. No explosives shall be used in the construction activities. 21. The Church shall provide a full-time liaison during the construction to respond to questions and complaints from citizens on a 24/7 basis. A phone number for this contact will be provided to all adjacent property owners and posted at the Church and job site where it can be found by interested parties. 22. Background checks will be performed by the contractor for all construction workers prior to their working on the site. The information will be provided to the Church and a file of all background checks will be kept by the Church. A convicted felon or pedophile will be barred from working on the project. GW26987 TM20555 íê ±º éç 23. Badges with photo ID's will be worn by construction workers at all times. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance are hereby repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the same shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such a violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the nd 2 day of October 2007. GW26987 TM20555 íé ±º éç APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY (RLD/8-21-07;20555) GW26987 TM20555 íè ±º éç ìì ±º éç ìë ±º éç ìé ±º éç ìè ±º éç ìç ±º éç ëð ±º éç ëï ±º éç ëí ±º éç ëì ±º éç ëë ±º éç ëê ±º éç ëé ±º éç ëè ±º éç ëç ±º éç êð ±º éç êï ±º éç êî ±º éç êí ±º éç êì ±º éç êë ±º éç êê ±º éç êé ±º éç êè ±º éç êç ±º éç éð ±º éç éï ±º éç éî ±º éç éí ±º éç éì ±º éç AGENDA MEMO (10/02/2007 AGENDA) DATE: September 26, 2007 TO: Honorable Mayor and City Council City Manager FROM: Kent R. Austin, Director of Finance SUBJECT: Resolution suspending Atmos Energy rate increase request Background Included on the October 2 City Council meeting agenda is a resolution suspending a rate increase request by Atmos Energy Mid-Tex Division. This action is 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. As the attached documents explain, this latest filing by Atmos seeks a $52 million increase, which would raise rates for average residential customers by nearly $20 per year. The filing would increase residential rates 8.27%, commercial rates 22.72%, and industrial and transportation rates 38.95%. According to legal counsel for ACSC, the filing amounts to a re-litigation of the Atmos rate case concluded earlier this year. In that case, Atmos sought a $62 million increase; the Railroad Commission (RRC) judges concluded Atmos should decrease rates by $23 million; and the Railroad Commissioners ultimately approved a $10 million rate increase. ACSC attorneys also believe that the filing is an attempt to establish an annual profit guarantee, which is a concept rejected by the RRC in the earlier case. Approval of the attached resolution would suspend the effective date of the Atmos request by up to 90 days. As always, this time provides ACSC attorneys and consultants to study the request. The model staff report from the law firm of Lloyd Gosselink provides more details on the content and reasoning of the resolution. Recommendation City staff recommends approval of the resolution suspending the effective date of the gas rate increase. If no action is taken by the City Council before October 25, 2007, the rate increase will take effect as originally proposed. Attachments: Model staff report from Lloyd Gosselink PC Resolution suspending Atmos Energy rate request éë ±º éç MODEL STAFF REPORT The Railroad Commission issued a Final Order approving new system-wide rates for customers of Atmos Energy's Mid-Tex Division in May. Residential rates were increased by $10 million annually. Also in May, Atmos Mid-Tex filed its application for its fourth GRIP surcharge in four years, seeking to increase the rates of all customers by $12 million annually. Despite both of these recent actions to increase customers' rates, Atmos Mid-Tex has filed an application with cities retaining original jurisdiction over rates and services to increase system- wide rates by another $52 million. The Company's application was filed with the City on September 20, 2007. Atmos asks the City to approve an 8.27% increase in residential rates, a 22.72% increases in commercial rates, and a 38.95% increase in industrial and transportation rates. Purpose of the Resolution: The resolution suspends the effective date of the Company's rate increase for the maximum period permitted by law to allow the City time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by a natural gas utility cannot become effective until 35 days following the filing of the application to change rates. The law permits the City to If the City does not take action to suspend the filing, suspend the effective date for 90 days. Atmos Mid-Tex may begin charging increased rates after October 25, 2007. According to Atmos, annual rates would increase by approximately $20 for residential customers. The City has participated in prior Atmos Gas rate matters with a coalition of cities now known as Atmos Cities Steering Committee (ACSC). ACSC is a permanent standing committee with 99 members who have passed resolutions authorizing ACSC to intervene on behalf of the city in natural gas matters pending before the Railroad Commission, the Courts or the Legislature. There are currently 141 cities participating with ACSC, including cities that are participating with ACSC on an ad hoc basis. A list of the current members and participants is attached. Explanation of "Be It Resolved" Paragraphs: Section 1. The city is authorized to suspend the effective date for 90 days for any legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as “the maximum period allowed by law” rather than ending by a specific date. This is because the Company controls the effective date and can extend the deadline for final city action to increase the time that the City retains jurisdiction if necessary to reach settlement on the case. If the suspension period is not increased by the Company, the City must take final action on Atmos' request to raise rates by January 24, 2007. éê ±º éç Section 2. Negotiating clout and efficiency are enhanced by the City cooperating with other ACSC cities in a common review and common purpose. Additionally, rate case expenses are minimized when ACSC hires one set of attorneys and experts who work under the guidance and control of the ACSC Executive Committee. This provision authorizes the ACSC to act on behalf of the City at the local level in settlement discussions, and in preparation of a rate ordinance and on appeal of the rate ordinance to the Railroad Commission and on appeal to the Courts. Any settlement negotiated by ACSC must be approved by all ACSC member city councils through new rate ordinances. Section 3. Cities, by statute are entitled to recover their reasonable rate case expenses from the utility. Legal counsel and consultants approved by the ACSC Executive Committee will submit monthly invoices to the City of Arlington that will be forwarded to Atmos for reimbursement. No individual city incurs liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and where the consideration of the Resolution was properly noticed. Section 5. This section provides that both Atmos and counsel to ACSC will be notified of the City’s action by sending a copy of the approved and signed resolution to certain designated individuals. éé ±º éç RESOLUTION NO. ____________________ 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 THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH 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 THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL WHEREAS, on or about September 20, 2007, Atmos Energy Corp., Mid-Tex Division (Atmos), pursuant to Gas Utility Regulatory Act § 104.102 filed with the City of University Park a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within its Mid-Tex Division service area effective October 25, 2007; and WHEREAS, it is reasonable for the City of University Park to maintain its involvement in the Atmos Cities Steering Committee (ACSC) and to cooperate with the 141 similarly situated city members and other city participants of ACSC in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: 1. That the October 25, 2007, effective date of the rate request submitted by Atmos on or about September 20, 2007, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 1 éè ±º éç 2. That the City is authorized to cooperate with ACSC and its member cities in the Mid-Tex service area to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Railroad Commission. 3. That the City’s reasonable rate case expenses shall be reimbursed by Atmos. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Atmos, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. ____________________________________ Mayor, City of University Park ATTEST: _____________________________ _____________________________ 2 éç ±º éç