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HomeMy WebLinkAboutAgenda 08-21-07 Web AGENDA #2716 CITY OF UNIVERSITY PARK UNIVERSITY PARK ELEMENTARY SCHOOL TUESDAY, AUGUST 21, 2007 5:00 P.M. 2:00-2:30 P.M. EXECUTIVE SESSION: FOR CONSULTATION WITH CITY ATTORNEY UNDER SECTION 551.071 & 551.072, GOVERNMENT CODE. NO ACTION WILL BE TAKEN – City Hall, Fire Department Training Room 2:30-4:30 P.M. WORK SESSION FOR AGENDA REVIEW – City Hall, Fire Department Training Room 4:30-5:00 P.M. Council breaks to reconvene at University Park Elementary School 5:00 P.M. Regular City Council Meeting begins at University Park Elementary School PUBLIC COMMENTS: The Public Hearing process for the Legacy/Hillcrest Project has closed. Accordingly, Council will not accept Public Comment on the Agenda Item below. I.CALL TO ORDER INVOCATION– Fire Chief David Ledbetter PLEDGE OF ALLEGIANCE – Fire Chief David Ledbetter/Boy Scouts – INTRODUCTION OF COUNCILMayor James H. Holmes, III INTRODUCTION OF STAFF– City Manager Bob Livingston II.CONSENT AGENDA A. CONSIDER: Approval of City Council Meeting Minutes for August 7, 2007 III.MAIN AGENDA A. Consider and act on a request by Winstead, Sechrest & Minick, representing Legacy Hillcrest Investments, LP, owner, for a change of zoning from Multiple-Family 2 "MF-2", Parking "P" and Office "O-2" zoning district classifications to a Planned Development District and for approval of a PD concept plan for approximately 2.0 acres more or less, situated between Daniel and Haynie Avenues, West of Hillcrest Ave., and described as Lots 5 thru 12, Block 3, University Park Addition, City of University Park, direct staff to prepare amendatory ordinance for passage on September 18, 2007, and authorize applicant to withdraw request in writing if desired. V. ITEMS FROM THE FLOOR The next opportunity to address the City Council regarding items not posted on the Agenda will be at the next regularly scheduled City Council Meeting on Tuesday, August 28. That meeting will be held in the City Hall Modular Building. It will begin at 5:15 p.m. 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. MINUTES #2715 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL MODULAR BUILDING TUESDAY, AUGUST 7, 2007, 5:15 P.M. Mayor James H. Holmes, III, convened the City Council into an executive session in the conference room at 3:00 p.m. for consultation with the City Attorney regarding a deliberation on real property under Section 551.071 of the Government Code. The executive session was closed at 3:43 p.m. No action was voted on or taken during the meeting. At 3:45 p.m., the Council held a discussion on the Chase Bank Project. Community Development Manager Harry Persaud reviewed the latest revised draft of the PD Conditions for the project. Property owner Albert Huddleston was also in attendance. No action was voted on or taken during the meeting. 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, and Jerry Grable. Councilmember Kelly Walker was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Kate Smith. AWARDS AND RECOGNITION DEPARTMENT PINS: City Manager Bob Livingston presented Police Officer Victor Velasquez with a 25-year pin and Maintenance Technician II David Nixon with a 20-year pin. PROCLAMATION: Mayor Holmes issued and read a proclamation for Constitution Week, September 17-23, 2007. EMPLOYEE RECONGNITION: Director of Information Services Jim Criswell presented Employee Recognition certificates to Network Administrator Jason McCallum, Web Master/Help Desk Technician Ken Irvin, Communications Supervisor Denise Rencher and Lieutenant Keith Burks for their work on movement of the 9-1-1 Emergency Dispatch Center to the Peek Service Center as part of the City Hall renovation project. RECOGNITION OF BOY SCOUTS: Boy Scout Price Peters, 3905 Centenary, introduced himself and announced the badge upon which he was working. Councilmember Shawver moved approval of the Consent Agenda. Councilmember Grable seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF BID #07-05, SCBA COMPRESSOR FOR FIRE DEPARTMENT: The air compressor is used to fill the fire fighter’s self-contained breathing apparatus air bottles with purified air used in fighting fires and entering into contaminated atmospheres unsuitable for life. There were three competitive bids received. Hoyt Breathing Air Products was the low bidder in the amount of $36,883.00, less $4,000.00 trade-in for the old unit, $32,883.00. The new unit will replace the current unit which was purchased in 1995. CONSIDER APPROVAL OF BID #07-06, FIRE DEPARTMENT PROTECTIVE CLOTHING: Fire Department protective clothing was placed for competitive bidding with three vendors submitting proposals. The proposals were for 15 full sets of protective clothing consisting of pants, coats and suspenders. The three bids are as follows: Lion Apparel, $28,046.25; NAFECO, $27,472.50; Tactical Gear Now, $26,108.40. Although Tactical Gear Now was $1,364.10 lower than NAFECO, the Fire Department recommends that NAFECO be awarded the bid. NAFECO met the specifications and Tactical Gear Now made exceptions to the specifications. In addition, in an informal wear test the fire fighters preferred the product offered by NAFECO because of the comfort level and safety features offered by the NAFECO product. CONSIDER CITY MANAGER TO SIGN AIR MONITORING AGREEMENT WITH TCEQ: The Texas Commission on Environmental Quality (TCEQ) requested to locate and operate a continuous air monitoring station located at the Northwest Highway water tower by a signed agreement by the City Manager as part of the Department of Homeland Security Bio Watch program. The function of the Bio Watch Program is to detect the release of bio-pathogens into the air, providing warning to the government and public health community of a potential bio- terror event. The site will be located at the rear of the water tower. TCEQ will pour a 10’ X 10’ concrete pad and enclose the site with a decorative vinyl chain link cage for security purposes. TCEQ will also supply electricity to the air monitoring equipment by having a separate electric meter installed at the site. There is no cost to the City for the installation of the equipment or responsibility to monitor the site. CONSIDER CITY MANAGER TO SIGN TEXAS DEPARTMENT OF PUBLIC SAFETY MEMORANDUM OF UNDERSTANDING FOR THE USE OF STATE INTEROPERABLE RADIO FREQUENCIES: The North Central Texas Council of Governments is requesting all cities to sign a Memorandum of Understanding with the Texas Department of Public Safety to utilize the state-licensed interoperability of mutual-aid radio channels when used by: local government jurisdictions and their associated emergency response agencies; Federal agencies located in Texas and associated emergency response agencies; and private emergency responders who are licensed and eligible to operate on FCC Designated Public Safety Frequencies. The Texas of Department of Public Safety holds the FCC licenses for the interoperability channels. The City of University Park Police and Fire Departments are part of the interoperability network therefore the City Manager signing the Memorandum of Understanding (MOU) allows the departments to operate under the FCC license during emergency conditions. CONSIDER PARK CITIES BAPTIST CHURCH REQUEST TO USE CITY STREETS FOR 5K RUN: Park Cities Baptist Church has requested permission to use city streets for the purpose of holding a 5K run to be held on Saturday, October 6, 2007. The purpose of the run is to familiarize the community about the Church and to help raise funds for family ministries benefiting the Vickery community of Dallas. The run will begin at 8:30 a.m. and end at approximately 10:30 a.m. There will be an estimated 200 to 300 runners. CONSIDER RESERVATION REQUEST FROM THE PARK CITIES PRESBYTERIAN CHURCH: The Park Cities Presbyterian Church has requested to reserve Curtis Park for a picnic event on September 30, 2007 from 3:00 p.m. until 7:00 p.m. The Church anticipates 450 participants to be in attendance. Staff has worked with this group in the past and to date has had no problems. Staff recommends that The Park Cities Presbyterian Church pay a Park Usage Fee of $500.00, plus a refundable $250.00 security deposit. Deposit must be received two (2) weeks prior to the event. All trash must be consolidated for pick-up at an agreed location. CONSIDER ORDINANCE FOR NEWSRACK REGULATIONS AT YMCA: In May 2005, the City passed Ordinance 05/12 regulating the type and location of newsracks throughout Snider Plaza. Subsequently, the City installed modular newsracks in seven locations throughout Snider Plaza. The program was later expanded to include three additional locations along Hillcrest, south of Daniel. During the May 22, 2007 City Council meeting, the Council authorized staff to purchase modular newsracks for the YMCA location. The ordinance prohibits the use of independent newsracks in the area adjacent to the YMCA at 6000 Preston. ORDINANCE NO. 07/22 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.1205 “LOCATION AND PLACEMENT OF NEWS RACKS” TO ADD SUBSECTION M PROHIBITING NEWS RACKS IN THE YMCA AREA EXCEPT CITY NEWS RACKS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION RESENDING RESOLUTION 07-10 APPROVING AN EXEMPTION FROM THE BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE: At the May 1, 2007 meeting, the City Council passed Resolution 07-10 approving an exception from the bilingual requirements of the Texas Election Code, Chapter 272, Bilingual Requirements, Section 272.003[0], as the official census information for the City of University Park indicates that persons of Spanish origin or descent comprise less than five percent (5%) of the city’s precinct inhabitants. In May, a letter was sent to the Department of Justice to officially apply for the exemption. In July, staff was informed that the Department had reviewed the City’s request, and that Federal Law does not provide for such an exemption, even though Texas State Law does. Since the Department of Justice is not approving exemptions from the bilingual requirements because Federal Law does not provide for such an exemption, staff recommended resending Resolution 07-10 and submission of a withdraw letter to the Department of Justice. RESOLUTION NO. 07-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, REPEALING RESOLUTION 07-10 APPROVING EXEMPTION FROM THE BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE FOR PRECINCTS OR PARTS OF PRECINCTS WHOLLY WITHIN THE CITY OF UNIVERSITY PARK; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE ABANDONING WATER LINE EASEMENT IN THE 3600 AND 3700 BLOCKS OF VILLANOVA: In 1952, W.W. Caruth and SMU dedicated a 15-foot wide water line easement to the Dallas County Preston Road Fresh Water Supply District No. 10. This easement runs through the middle of the properties on the north side of Villanova approximately between Thackery and Baltimore. The Water Supply District No. 10 is no longer in existence and we are not aware of any existing entities that have taken possession of the District’s infrastructure. The City is not aware of an active water line within this easement. Staff recommended approval of the ordinance abandoning any rights the City Of University Park might have to the water line easement dedicated to the Dallas County Preston Road Fresh Water Supply District No. 10 to the abutting property owners. ORDINANCE NO. 07/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A 15 FOOT EASEMENT OR RIGHT-OF-WAY FOR A WATER LINE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, TO THE ABUTTING OWNERS; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 3, 2007. MAIN AGENDA PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 40 TO PROVIDE A NEW DEFINITION OF FAMILY; AMENDING SECTION 22-101 (2) (A) TO PROVIDE FOR A MAXIMUM HEIGHT OF BUILDINGS IN MULTIPLE-FAMILY DWELLING DISTRICTS; AMENDING SECTION 21-101 (B) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN MULTIPLE-FAMILY DWELLING DISTRICTS: Mr. 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 direction for staff to proceed to amend the Zoning ordinance. The proposed ordinance deals with three separate issues. 1) The current definition of Family provides that any number of individuals living together as a single house keeping unit, in which not more than two individuals are unrelated by blood marriage or adoption. The proposed ordinance amendment will change the definition so that “not more than three (3) individuals are unrelated by blood, marriage, or adoption”. 2) The current ordinance provides for a maximum building height of 35 feet in multi-family dwelling districts. In an effort to promote parking below grade, the proposed ordinance will increase the maximum building height to 37 feet. 3) The current ordinance provides for a maximum plate line height of 23’4” for lot widths less than 70’ and 25’4” for lot widths 70’or greater. In an effort to enhance the design of buildings and promote parking below grade, the proposed ordinance will increase the maximum plate line heights by 5 feet. The Planning and Zoning Commission held a public hearing and considered the proposed ordinance on July 16, 2007, and forwarded the following recommendations: 1) Amend the definition of Family: 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. 2) Amend the maximum building height in the MF districts: P&Z voted 5 – 0 to recommend approval. 3) Amend the maximum plate line heights: P&Z voted 5 – 0 to recommend approval. Mr. San Sefko made a presentation regarding his recommendations. Prior to opening the Public Hearing, Mayor Holmes stated that in the Council Meeting pre-session, the Council discussed this item and would like to send the portion of the ordinance with respect to the definition of Family, back to the Planning and Zoning Commission for further review. Mayor Holmes opened the Public Hearing and stated that the definition of Family would not be addressed at this time. Mr. Don Gale, 3712 Binkely, spoke in favor of the Ordinance stating that it was a good compromise and would allow a better bedroom on the third floor. Mr. Frank McIntyre, 3439 Westminster, spoke in support of the amendments. Mr. Michael Corman, 3100 Milton, spoke in opposition to changing the definition of Family and stated there was no parking for the people who currently live there. Mayor Holmes noted that this portion of the ordinance was going back to P&Z and that Community Development Manager Harry Persaud would notify him when that meeting would take place. A Citizen spoke in favor of strict enforcement of the current definition of Family and requested that the City enforce retroactive to June 1. He also asked the City Council if the new plate-line and height standards would be effective for all new developments, or only those with underground parking. Community Development Manager Harry Persaud indicated that distinction was not indicated in the ordinance as currently proposed but could be added. After some discussion, the Council agreed that if the new plate-line and height standards were used, underground parking must be provided. If underground parking was not provided, the existing standards would be used. Mr. Richard Wards, a resident living on Westminster, indicated that 3 students had moved into a single-family home on this street and that he was in support of the existing definition of family. Ms. Lillian Sills, 3228 Westminster, and Kitty Holleman, 3939 Marquette, spoke in opposition to changing the definition of Family. Mayor Holmes closed the Public Hearing. Mr. Mike Haynes, 4024 Marquette, spoke in opposition to changing the current definition of Family and increasing occupancy standards. He stated that more than two (2) unrelated individuals living together is a problem all over the Park Cities, not only adjacent to SMU. CONSIDER ORDINANCE TO AMEND THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 40 TO PROVIDE A NEW DEFINITION OF FAMILY; AMENDING SECTION 22-101 (2) (A) TO PROVIDE FOR A MAXIMUM HEIGHT OF BUILDINGS IN MULTIPLE-FAMILY DWELLING DISTRICTS; AMENDING SECTION 21- 101 (B) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN MULTIPLE- FAMILY DWELLING DISTRICTS: Mayor Pro-Tempore Shawver moved approval of the following sections of the ordinance: (a) provide for a maximum height of buildings in multiple- family dwelling districts; amending section 21-101 (b) to provide a new maximum top plate line height in multiple-family dwelling districts, including an amendment to only apply the new standards where underground parking is provided. Councilmember Grable seconded, and the vote was unanimous to approve the ordinance to (a) provide for a maximum height of buildings in multiple-family dwelling districts; amending section 21-101 (b) to provide a new maximum top plate line height in multiple-family dwelling districts and including the amendment. ORDINANCE NO. 07-24 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 22-101 (2) (a) TO PROVIDE FOR A MAXIMUM HEIGHT OF BUILDINGS IN MULTIPLE-FAMILY DWELLING DISTRICTS THAT PROVIDE UNDERGROUND PARKING; AMENDING SECTION 21-101 (b) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN MULTIPLE-FAMILY DWELLING DISTRICTS THAT PROVIDE UNDERGROUND PARKING; 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. PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR PROPERTY LOCATED AT 4301 LOVERS LANE: A request was filed by Century Bank for approval of an amended detailed site plan for a proposed banking facility with drive thru lanes located at 4301 Lovers Lane and situated in Planned Development District “PD-2-R”. Planned Development District “PD-2-R’ allows for all uses permitted in the General Retail “GR” Zoning District classification in accordance with the Comprehensive Zoning Ordinance. “Drive-in facilities for a bank or savings and loan” is a permitted use in the General Retail district. The subject site measures 120.5 ft by 100 ft and it is situated on the Southwest Corner of Lovers Lane and Douglas Avenue. Century Bank is proposing to demolish the existing building now used by Gordo’s Restaurant and to erect a new 3,051 sq. ft. building with drive-thru lanes. A traffic impact analysis conducted by the applicants show minimal impacts to the current traffic operating levels of service. The Planning and Zoning Commission held a public hearing and considered the amended detailed site plan at its regular meeting on July 16, 2007, and voted 5 – 0 to recommend approval. Mayor Holmes opened the Public Hearing. Mr. Rod Kelly, representing Century Bank presented the site plan. Mayor Holmes stated there was some concern about the queing from the drive-thru on Lovers Lane. Mr. Kelly indicated that the traffic impact analysis study indicated this would not be a problem. Mayor Holmes closed the Public Hearing. CONSIDER ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR PROPERTY LOCATED AT 4301 LOVERS LANE: Councilmember Grable moved approval of the ordinance approving an amended detailed site plan for the property located at 4301 Lovers Lane. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance approving an amended detailed site plan for the property located at 4301 Lovers Lane. ORDINANCE NO. 07/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, BY APPROVING AN AMENDED SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 2-R FOR THE PROPERTY DESCRIBED AS THE EASTERN 35 FEET OF LOT 16, AND ALL OF LOT 17, BLOCK 19, OF THE HIGHLAND PARK HIGH SCHOOL ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4301 LOVERS LANE; 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. CONSIDER APPROVAL OF ORDINANCE AUTHORIZING RESIDENTS OF GREENWAY PARK THE SAME USAGE RIGHTS OF RESIDENTS OF UNIVERSITY PARK: The City of University Park purchased Germany Park from the Greenway Park Home Owners Association for $118,151 in 1973. A letter from Dick P. Wood indicated that the City would agree to a condition in the deed that would allow residents of Greenway Park to use the park and its facilities, however, the condition was not included. Mr. Joe Kern approached the City Manager to see if this could be corrected. Staff reviewed the letter with the City Attorney, and it was determined that the only thing a resident of Greenway Park could not do was reserve a tennis court in the Park. Germany Park is a public park and because of this, all of its facilities are open to the public. The ordinance amends the City Code to allow Greenway Park homeowners to obtain tennis court permits for Germany Park. Mayor Holmes moved approval of the ordinance authorizing residents of Greenway Park the same usage rights of residents of University Park. Councilmember Grable seconded, and the vote was unanimous to approve the ordinance authorizing residents of Greenway Park the same usage rights of residents of University Park. ORDINANCE NO. 07/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING SECTION 13.204 TO PERMIT ISSUANCE OF TENNIS PERMITS TO RESIDENTS OF GREENWAY PARKS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FROM C-P ENGINEERING TO PROVIDE ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN OF AN EMERGENCY WATER SUPPLY LINE (CAPITAL PROJECT NO. 49000): As a project ancillary to the reconstruction of the Germany Park Booster Pumping Station, staff solicited a proposal from C-P Engineering to provide engineering services for the design of an emergency water main. The proposed 24” main would connect to the Dallas Water Utilities (DWU) 36” main in Mockingbird Lane and run north along Roland (just east of the tollway wall) to the south end of Germany Park, where it would intersect with the supply main from Dallas County Park Cities Municipal Utilities District (MUD). The intersection of water mains is located immediately west of the site for the new pumping station. The purpose of the emergency main is to supply University Park with water if the MUD is not able to do so. The new booster pumping station is designed to take water from either source. The C&P proposal in the amount of $89,290 provides all engineering and surveying services necessary to develop construction drawings, specifications, and contract documents for the project. Mayor Pro-Tempore moved approval of the contract with C&P Engineering in the amount of $89,290, adding an amendment to paragraph 6.3 that the city has full control over the scope of services to be rendered, but not the details of the work. Councilmember Carter seconded, and the vote was unanimous to approve the contract with C&P Engineering, including the amendment to the contract. REPORT PUBLIC COMMENTS ON WATER QUALITY CONSUMER CONFIDENCE: Each year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to every residence within the community detailing contaminant levels in the potable water system. The City meets and/or exceeds all regulatory standards for contaminant levels revealed through water testing samples in 2006. State regulations also require the water provider to offer residents rd an opportunity to ask questions in open forum regarding the CCR. During the July 3, City th Council meeting, there were no public comments made. Since the July 17 City Council meeting was cancelled, this date serves as the final opportunity to provide input during a City Council meeting. There were no residents present who wished to speak on the report. CONSIDER ORDINANCE ESTABLISHING NO PARKING ON EITHER SIDE OF THE STREET ON LOVERS LANE FROM HILLCREST TO BOEDEKER: Pursuant to the action taken by the City Council to install a continuous left-turn lane along Lovers Lane, east from Hillcrest to Boedeker, the ordinance provides for a no parking designation along both north and south curb lines along those same limits. Staff has also contacted the City of Dallas with a request to receive their concurrence on the installation of a continuous left-turn lane and request no parking east of Boedeker to Willard. The matter is still under review with the City of Dallas. Councilmember Grable moved approval of the ordinance establishing no parking on either side of the street on Lovers Lane from Hillcrest to Boedeker. Mayor Pro-Tempore Shawver seconded, and the vote was unanimous to approve the ordinance establishing no parking on either side of the street on Lovers Lane from Hillcrest to Boedeker. ORDINANCE NO. 07/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING AT ANY TIME ON BOTH SIDES OF LOVERS LANE FROM ITS INTERSECTION WITH BOEDEKER TO ITS INTERSECTION WITH HILLCREST; PROVIDING FOR THE ERECTION OF SIGNS; 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 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER REVIEW STATUS OF GERMANY PARK BOOSTER PUMPING STATION (CAPITAL PROJECT NO. 48410): For the past six months staff has been working with the architectural advisory committee appointed by Council to make recommendations on aesthetic issues associated with the Germany Park Booster Pumping Station. Two of the three committee members attended a recent meeting and expressed complete satisfaction with the process and the results. Ms. Bell, who was not able to attend the meeting, sent some questions, which were addressed at the meeting. Councilmember Carter moved approval to proceed with final design of the booster pump station and landscape and park improvement plans. Councilmember Grable seconded, and the vote was unanimous to proceed with final design of the booster pump station and landscape and park improvement plans. CONSIDER ORDINANCE EXTENDING EXISTING ELECTRIC FRANCHISE: The City’s franchise agreement with Oncor Electric Delivery (Ordinance No. 77/322, approved October 10, 1977) expired July 19, 2007. City staff and Oncor representatives have begun discussing a new franchise agreement, which will include input from the City’s Public Utilities Advisory Committee. Both City staff and Oncor officials agree on the prudence of continuing to abide by the existing ordinance. Staff hopes to conclude the renewal process by the end of 2007 and the extension would remain in effect until a new agreement is reached. Councilmember Shawver moved approval of the ordinance extending the existing electric franchise. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance extending the existing electric franchise. ORDINANCE NO. 07/28 AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 77/322, AS AMENDED BY ORDINANCE NO. 02/22, OF THE CITY COUNCIL OF UNIVERSITY PARK, GRANTING A FRANCHISE TO ONCOR ELECTRIC DELIVERY COMPANY, A SUCCESSOR IN INTEREST TO TXU ELECTRIC DELIVERY; AND PROVIDING AN EFFECTIVE DATE CONSIDER ORDINANCE AMENDING FY2007 BUDGET: The proposed ordinance would amend the FY2007 General Fund revenue and expenditure budgets for a variety of special items. This is the third amendment to the FY2007 budget. The proposed budget amendment will reduce the General Fund unreserved fund balance by $4,711,721. The projected FY2007 ending fund balance of $8 million is still well above the 2 ½ month minimum fund balance requirement of $4.03 million. Councilmember Grable moved approval of the ordinance amending the FY2007 Budget. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance amending the FY2007 Budget. ORDINANCE NO. 07/29 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO APPROPRIATE $4,711,721 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING REVENUES $6,489 AND BY INCREASING EXPENDITURES $4,718,210; AND PROVIDING AN EFFECTIVE DATE. CONSIDER BUDGET TRANSMITTAL AND SCHEDULING OF PUBLIC HEARINGS: BACKGROUND/DISCUSSION: Texas statutes require that cities provide notice and hold public hearings before adopting an annual budget and property tax rate. State law requires that a budget hearing be held no sooner than 15 days after the proposed budget is filed with the municipal clerk. Using August 7 as the filing date, a hearing August 28 meets this requirement. A second budget hearing is scheduled for the September 4 Council meeting; and a third hearing will occur at the September 18 meeting, when the Council acts upon the proposed budget and tax rate. The property tax is the General Fund’s primary source of revenue. The certified tax roll rose 17.71% in market value and 13.33% in taxable value compared to last year. The average single-family home in University has a market value of $1,064,621 and a taxable value of $811,928. Cities proposing an effective tax increase greater than the prior year must hold two separate public hearings about the tax rate. The City Council should schedule public hearings on the property tax rate for August 28 and September 4, 2007. Mayor Holmes moved to schedule the budget and property tax rate hearings for August 28 and September 4, 2007. Mayor Pro- Tempore seconded, and the vote was unanimous to schedule the budget and property tax rate hearings for August 28 and September 4, 2007. ITEMS FROM THE FLOOR Ms. Mary Graves, 6716 Hursey, addressed the Council on the occupancy standards and SMU student situation. She proposed two items. 1) Create a liaison to work with SMU and 2) Consider working more with law enforcement. Mayor Holmes thanked her for her suggestions. There being no further business, the meeting was adjourned. st PASSED AND APPROVED this 21 day of August 2007. James H. Holmes, III, Mayor ATTEST: Kate Smith, City Secretary AGENDA MEMO (08/21/2007 AGENDA) DATE: August 21, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consider and act on a request by Winstead, Sechrest & Minick, representing Legacy Hillcrest Investments, LP, owner, for a change of zoning from Multiple-Family 2 "MF-2", Parking "P" and Office "O-2" zoning district classifications to a Planned Development District and for approval of a PD concept plan for approximately 2.0 acres more or less, situated between Daniel and Haynie Avenues, West of Hillcrest Ave., and described as Lots 5 thru 12, Block 3, University Park Addition, City of University Park, direct staff to prepare amendatory ordinance for passage on September 18,2007, and authorize applicant to withdraw request in writing if desired. Background/Analysis: In 2001, P&Z denied a request by Legacy Hillcrest Investments for 270,500 sq. ft. of mixed uses on the subject tract. Another request for 290,000 sq. ft. was considered on March 6, 2006. P&Z requested the applicants to consider amending that concept plan in view of the strong comments made by residents opposed to the proposed development. The request was amended to 260,000 sq. ft. and P&Z denied that request on April 17, 2006. The applicants then submitted a request for approval of an amended concept plan for 217,500 sq. ft. which was considered by P&Z on July 17, 2006. City Council held a public hearing on September 19, 2006 and directed staff to hire a Traffic Engineer to conduct an independent Traffic Impact Analysis of the proposed development. City Council held a work session on April 10, 2007, discussed the proposed zoning change and received additional information from the applicant. On May 22, 2007, City Council received and discussed the Traffic Impact Analysis (TIA) prepared by Jody Short, P.E, (Lee Engineering) On June 19, 2007 City Council discussed a list of Draft PD conditions and received additional information from the Traffic Engineer regarding the TIA. On July 3, 2007 Council discussed Draft PD conditions and provided directions to staff. On August 7, 2007 City Council held another work session and discussed the Draft PD conditions and provided directions to staff. Recommendation: At its regular meeting on July 17, 2006, P&Z voted 3 – 2 to recommend approval ofaPD Concept Plan with a total of 135,000 sq. ft. gross floor area, excluding the 8 units of town homes, subject to the following conditions: (1) Height of the proposed building on the O-2 site shall be limited to the height of the existing building (2) A maximum of 25,000 square feet for restaurant /retail space (3) Building height west of the common area shall not exceed 35 feet. (4) Parking to be provided at the rate of 1:200 square feet for retail and restaurant, and 1:300 square feet for office space and (5) with 19 staff conditions. Three Fourths Vote Required : As of August 16, 2007, a total of 26 protests were received from property owners within 200 feet of the subject site accounting for 32.76% of land area within the 200 buffer. In order for City Council to approve this case, a three fourths vote is required in accordance with Section 15-101 (6) of the Comprehensive Zoning Ordinance. Attachments: 1. Council Report from P&Z 2. Draft PD conditions 3. P& Z minutes of July 17, 2006 4. Copy of Concept Plan 5. Summary of Existing Zoning Standards City Council Report DATE: August 21, 2007 TO: Honorable Mayor and Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager RE: PZ -06-002 GENERAL INFORMATION APPLICANT: Winstead, Sechrest & Minick, representing Legacy Hillcrest Investments, LP LOCATION: s The subjectite is situated west of and abutting Hillcrest Avenue between Haynie and Daniel Avenues. REQUEST: Winstead, Sechrest & Minick, representing Legacy Hillcrest Investments, LP, requesting a zoning change from Multi family “ ‘ MF-2’, Parking ‘P’ and Office ‘O-2’ zoning district classification to Planned Development PD-34, for a tract of approx. 2.0696 acres situated between Daniel and Haynie Ave. and West of Hillcrest Ave., and described as lots 5 thru 12, Block 3, University Park Addition, City of University Park. The subject tract is zoned ‘MF-2’, ‘P’ and ‘O-2’ and owned by Legacy Hillcrest Investments, LP. EXISTING Multi family ‘MF-2’, Parking ‘P’ and Office ‘O-2’ ZONING: SURROUNDING LAND USE: North: PD-1-R for retail uses in Snider Plaza. South: General Retail “GR”, Single family Attached SFA and Single family SF-3. East: UC-1, SMU West: Multi family MF-2 STAFF Background: COMMENTS: Legacy Hillcrest Investments submitted an application dated November 15, 2005, requesting a zoning change from Office ‘O-2’, Parking ‘P’, and Multi family ‘MF-2’ to a Planned Development District. Building heights based on current zoning classifications are as follows: Office ‘O-2’ - 60 feet, Parking ‘P’ - 35 feet and Multi family ‘MF-2’ - 35 feet. The existing height of the Chase Bank building is approx. 72 feet (Approx. 69 at Daniel and Hillcrest) feet with an approx. net rentable floor area of 52,000 sq. ft. In accordance with the comprehensive zoning ordinance, a new building which exceeds of 40,000 sq. ft. in floor area or requires more than 200 parking spaces may only be permitted in a Planned Development PD district. In 2001, the applicant requested a zoning change to allow the following mixed uses on the subject site and that request was denied by P&Z. 9 Story Offices 162,000 sq. ft 1 Story restaurant 25,800 sq. ft. 1 Story bank 8,000 sq. ft. 2 Story library 39,800 sq. ft. Below grade YMCA 34,900 sq. ft. Total 270,500 sq. ft. Public Hearing, March 6, 2006 : The Planning Zoning Commission held a public hearing and considered a concept plan (dated February 20, 2006) at a special called meeting on March 6, 2006. That plan showed the following maximum floor area for various uses not to exceed 290,000 sq. ft. plus a maximum of 8 single family units. The concept plan also included a request for the City Council to consider a “maximum of 306,000 square feet plus single-family at the Detailed Site Plan stage if the Council believes the additional square footage will enhance the project.” The concept plan showed the following maximum floor area by uses: Office/ Hotel/Multi Family 225,000 sq. ft. Bank 15,000 sq. ft. Retail 20,000 sq. ft. Restaurant 20,000 sq. ft. Library 40,000 sq. ft. Single Family Residential 8 Units Total 320,000 sq. ft. The City’s traffic consultant pointed out at that meeting on March 6, 2006, that a reduction of floor area by 10 – 25% would provide the necessary “wiggle” room to allow for better traffic flows in that neighborhood over time. The Planning Commission requested the applicants to address the comments which were made by residents who spoke in opposition and return on April 17, 2006 for further consideration. Amended Concept Plan Dated April 5, 2006: The applicant resubmitted another concept plan on April 13, 2006, which reduced the maximum square footage by about 7% from 290,000 to 270,000. The breakdown of uses by maximum floor area is as follows: Office/ Hotel/Multi Family 225,000 sq. ft. Bank 15,000 sq. ft. Retail 20,000 sq. ft. Restaurant 17,500 sq. ft. Library 35,000 sq. ft. Single Family Residential 8 Units Total 312,000 sq. ft. However, at the meeting the applicant presented a concept plan which called for a maximum of 260,000 sq. ft. P&Z voted unanimously to deny the request. Amended Concept Plan Dated June 8, 2006 The applicant submitted a revised concept plan dated June 8, 2006. The plan noted that the total floor area will not exceed 217,500 sq. ft. plus 8 single family homes. Maximum floor area for various land uses: Office 175,000 sq. ft. Bank 15,000 sq. ft. Retail 22,500 sq. ft. Restaurant 17,500 sq. ft. Library 30,000 sq. ft. Single Family Residential 8 Units Total 260,000 sq. ft. The revised concept plan shows the maximum building height measured from grade as follows: Height of Signature Element @ Hillcest and Haynie – 123 feet. Height of Signature Element @ Hillcrest and Daniel - 120 feet Maximum building height @ Hillcrest and Haynie – 90.92 feet Maximum Building Height @ Hillcrest and Daniel - 87.92 feet Height of Signature Elements west of Common area – 77.22 feet Maximum building height west of Common area on Daniel – 40 feet Maximum building height east of the parking garage at Daniel – 49 feet. NOTIFICATION: A public notice was published in the Park Cities News on August 31, 2006 and notices were mailed to owners of real property within 200 feet of the subject tract. As of August 16, 2007, 28 responses were received from property owners with in 200 feet of the subject site, 26 opposing and 2 in favor. A total of 32.76% of land area within 200 feet is opposing this request which requires a three fourths vote of City Council to approve this item, in accordance with Section 15-101 (6) of the Comprehensive Zoning Ordinance. LETTERS AND COMMENTS FROM RESIDENTS: Over the past 18 months staff has received numerous letters and petitions from residents both opposing and in favor of the proposed zoning change. Staff will include the summary maps and numbers intending to graphically show the “pulse of the st community” in a presentation at the August 21 meeting. LEGACY HILLCREST ZONING CASE LIST OF ITEMS TO BE CONSIDERED ON AUGUST 21, 2007 1. Approval of the PD Concept plan to include the following items: (a) Maximum gross floor area of all buildings to be constructed on the site. (b) Maximum height of structures east and west of the common area. (c ) Maximum gross floor area by land use category in accordance with developer’s request for Office, Bank, Retail, Restaurant, Library and number of single family units. 2. Direction regarding the Draft PD conditions. 3. Clarify the City’s position as to whether the Developer should provide additional parking spaces for public use and if so, how many spaces should be provided? How should the City pay for the additional parking spaces (City spaces) to be provided by the developer? The developer is requesting a fixed lump sum payment per space plus a ground lease and an operational cost for the parking garage. 4. Consideration of the PD ordinance on September 18, 2007. LEGACY-HILLCREST PLANNED DEVELOPMENT DISTRICT PROPOSED PD CONDITIONS NOTES: Items shaded in red represent the developers request. Staff recommendation is highlighted in green. Concept Plan. Development of the Property must be in substantial conformance with the Concept Plan attached as Exhibit "A". A Detailed Site Plan must be approved prior to the issue of a building permit. (a) Single-family Units. Units intended for single-family occupancy must be located on that portion designated on the Concept Plan fronting Haynie. The exact number and depth of the single-family units shall be finalized and shown on the Detailed Site Plan. A minimum of four and a maximum of eight single-family homes must be built and completed before a permanent certificate of occupancy is issued for the building located on the west side of the common area as shown on the concept plan. The homes must have an architectural facade compatible with those in the adjoining residential neighborhood. Each home must have a front door allowing access to and from Haynie. Each home must have a minimum of two underground parking spaces. A maximum of one residential unit may be located in the penthouse of the building located to the east of the Common Area. (b) Other uses permitted.Except for that portion of the Concept Plan specifically designated for single-family use, the following use categories as stated in the City's Comprehensive Zoning Ordinance are permitted on all portions of the Property: (1) Educational, Institutional and Special Uses; (2) Utility, Accessory and Incidental Uses; and (3) Retail and Service Type Uses (including office, retail, bank, restaurant, library and accessory uses In addition, a hotel use is authorized east of the Common Area. Specific square footages and locations for these uses shall be shown on the Detailed Site Plan. Retail, restaurant, bank, office or library uses shall be provided at grade along the Hillcrest frontage and along Daniel Avenue and the plaza level. (c ) Prohibited Uses: The following uses are not allowed on the Property: Nursing home or residence home for aged School – public Fire station or similar public safety building Home occupation Tennis court (private) Tennis court (unlighted) Call centers Place of worship College or University School-private Amateur radio or CB antenna to 40 feet Amateur radio or CB antenna over 40 feet Radio, TV or microwave antenna or tower-commercial Accessory building Or use-residential Accessory building Retail or Commercial Accessory use to university (d) Library Space. The Detailed Site Plan must contain the library use. Documentation confirming the long-term library use for the Property must be submitted to the City with the Detailed Site Plan. This documentation must ensure that (i) sufficient square footage is made available for a quality library use, and (ii) the library shall have the right to utilize the restricted space as long as the library operates on the Property, and (iii) be in the form of a 99-year lease or equivalent conveyance with options to renew. (e) Density. The maximum square footages for each use are stated on the Concept Plan as follows: OFFICE175,000 BANK15,000 RETAIL22,500 RESTAURANT 17,500 SF8 units LIBRARY15,000* Note: Not to exceed 202,500 sq.ft. plus single- family residential use The maximum combined floor area for all uses other than single-family is 202,500 square feet. Accessory storage space located below grade does not count toward the maximum total square footage for the development. Accessory storage is defined as storage which is subordinate and incidental to a primary use on the site. Accessory storage shall be located below grade and shall not exceed a gross floor area of 10,000 sq. ft. Such storage must only serve an existing tenant or use in the buildings located on the site. Accessory storage space shall be designed, constructed and used only for storage and at no time will office or any other use be permitted temporary or permanent, within the designated storage area. * The Developer will provide a 30,000 square foot shell space for a library with the corresponding parking spaces on site, only 15,000 sq. ft. shall receive a certificate of occupancy, and the balance will receive a certificate of occupancy only after the developer commissions and presents to the City Council a traffic study of the development twelve months after receiving a final certificate of occupancy for the entire development. If the traffic study concludes the actual trips generated by the development are equal to or less than the projected trips calculated for the approved detailed site plan , then the city will issue a certificate of occupancy for the additional 15,000 square feet for the library. The City council may within 60 days after this traffic study is presented, inform the Community Development Manager in writing to not issue the requested certificate of occupancy. If the City council does not so inform the Community Development Manager within the 60 day time period, the certificate of occupancy shall be issued. (f) Yard, Lot, Space and Height Regulations. Maximum yard, lot, space and height regulations are shown on the attached concept plan and elevations. The penthouse/mechanical improvements on the top of the building adjacent to Hillcrest must be located at least 20 feet from the Haynie side of the building, 20 feet from the Hillcrest side of the building, and 20 feet from the western side of the building. An additional mechanical element can be included on top of the buildings located west of the Common Area which must be setback a minimum of 20 feet from Daniel. (g) Common Area. Details of the improvements to the Common Area as drawn on the Concept Plan shall be described and shown on the Detailed Site Plan. Architectural or structural features may be erected above-grade to serve as an end cap for Snider Plaza. (h) Trash Receptacles. The final location of trash receptacles will be shown on the Detailed Site Plan and must be located within 40 feet of the locations shown on the Concept Plan. Dumpsters shall not be located in the rights-of-way, and commercial sanitation trucks may not block traffic to access dumpsters during regular business hours. (i) Off-street Parking and Loading. The total number of parking spaces shall be calculated using the City’s parking standards contained in the current zoning ordinance with the Urban Land Institute ("ULI") mixed use parking methodology. However, at the time of Detailed Site Plan approval, City Council may review the calculation of parking spaces in accordance with the Urban Land Institute and the Institute of Transportation Engineers (ITE) methodologies and make a final decision on the total number of spaces at that time. On-Street parking spaces may be counted towards the parking requirement only if all or a portion of the parking space is located on private property. Spaces that are reserved for office use during the day will be available for other uses in the evening and on week ends. The curb cut on Haynie to be shown on the Detailed Site Plan must be located within 60 feet of the location shown on the Concept Plan. (j) Street Improvements. Recommended traffic mitigation improvements will require the Hillcrest-Daniel intersection to be reconstructed, NOT simply “adding lane width”. Details of construction (including design services, traffic signals, drainage, utilities, street lights, and etc) and level of participation will be identified and approved with the detailed site plan. Prior to the issuance of a certificate of occupancy, the Hillcrest/Daniel intersection improvements shown on Exhibit "B" must be completed. The City, at its discretion, may construct additional improvements to the intersection as shown on Exhibit "C". However, as construction details are refined during the development of the Detailed Site Plan, the City Council shall determine the final distribution of costs at the time of approving the Detailed Site Plan. (k) Traffic on Haynie west of Hillcrest. Traffic exiting the garage on Haynie shall only proceed east to Hillcrest. (l) Streetscape. On Daniel and Hillcrest, the following streetscape standards must be met: (i) minimum 1-foot wide dismount adjacent to on-street parking spaces; (ii) minimum 5-foot wide tree planting zone with tree grates; and (iii) minimum 10-foot wide sidewalks. Balconies and canopies are permitted over the streetscape. On Haynie between Hillcrest and the Common Area, the following streetscape standards must be met: a minimum 8-foot wide sidewalk with 5-foot tree plant zone either in the sidewalk or adjacent to the parking spaces shown on the Concept Plan. All street trees shall be planted on 22-foot centers (or as may be otherwise approved by the City) along all street frontages, except where prohibited due to driveway access. Pedestrian lighting and streetscape furniture will be provided by the Development which shall complement any standards that may be approved by the City for the Snider Plaza area. These standards may be varied by the City Council at the Detailed Site Plan stage. (m) Landscaping. Final landscaping must be shown on the Detailed Site Plan. All plant material must be maintained in a healthy, growing condition at all times. (n) Signs. Signage size, display and locations must be provided with the Detailed Site Plan. A special sign district may be created as part of this project. No tenant sign shall be located on the outside façade above the first floor along Hillcrest or the second floor along other areas of any structure with back lit signage only. (o) City R.O.W. Following the approval of the Planned Development Concept Plan, the Developer shall provide a legal survey of street and alley right-of-way he is requesting to be abandoned. The City will conduct an appraisal of the subject tracts at the cost of the Developer. The City will then consider approval of an abandonment ordinance for the subject tracts. Following payment by the Developer to the City of the appraised value of the subject tracts, the City will release the certified copy of the abandonment ordinance for filing. The Developer will then file application for change of zoning on the subject tracts. (p) Site Utilities. Site utilities including but not limited to the specific location, number and spacing of fire hydrants, will be reviewed with the detailed site plan submittal. All overhead wires and cables designed to serve the proposed development will be buried. The developer will be responsible for utility oversizing, installation and relocation costs. (q) Parallel Parking. Developer will submit details of lane configuration, storage and transition with the Detailed Site Plan for further review. The developer will design the parallel parking spaces on the South side of Daniel near the Hillcrest intersection to be considered at the time of detailed site plan. (r) Architectural Articulation. Building façades for each building fronting a public street must have offsets in the plane of the façade, and no more than 75 percent of the total face area may occur in a single vertical plane (minimum 25 percent cumulative offsets required). The required offsets must consist of projections or recesses from the primary façade. Projections in the required front yard are included in this calculation. The proposed buildings shall have external facades with similar but not necessarily identical architectural features shown on the renderings which are attached hereto and incorporated herein for illustrative purposes as Exhibits ________. Substantial changes made to the renderings to be approved with the detailed site plan must be done to clearly and positively enhance the building design and architectural compatibility with the existing neighborhood. (s) Exterior Façade Materials: At the detailed site plan stage, the city council has the discretion to not approve the materials shown on the elevations for the facades of the buildings. The applicant shall have the right to resubmit the elevations with different façade materials. (t) Parking Spaces: Developer agrees to make parking spaces in the proposed underground parking garage available to the City based on the following. No later than September 30, 2008, the City shall notify the Developer in writing of the number of spaces ( increments of 50 not to exceed 200) in the garage it desires for the City’s use (City Spaces). The City shall pay for the City Spaces by a ground lease for the land containing the City Spaces plus one lump sum payment equivalent to multiplying the number of spaces by $_________ (ESTIMATED COST TO BE $30,000 BUT FINAL AMOUNT TO BE AGREED TO BY CITY AND DEVELOPER) The City Spaces may not be used to satisfy parking which is required for the future development of properties situated in Snider Plaza. In addition, the City shall pay its percentage allocation of the expenses to operate the parking garage on a quarterly basis. With the City’s commitment to pay for the City Spaces, the detailed site plan shall reflect the requested number of City Spaces. Parking Spaces: Developer agrees to make parking spaces in the proposed underground parking garage available to the City based on the following. No later than September 30, 2008, the City shall notify the Developer in writing of the number of spaces ( increments of 50 not to exceed 200) in the garage it desires for the City’s use (City Spaces). The City shall pay for the City Spaces by a ground lease for the land containing the City Spaces plus one lump sum payment equivalent to multiplying the number of spaces by $_________ (ESTIMATED COST TO BE $30,000 BUT FINAL AMOUNT TO BE AGREED TO BY CITY AND DEVELOPER) The City Spaces may not be used to satisfy parking which is required for the future development of properties situated in Snider Plaza. With the City’s commitment to pay for the City Spaces, the detailed site plan shall reflect the requested number of City Spaces. (u) Leases for the property shall include a provision requiring Tenants and Employees to park in the on-site parking garage. (v) Construction Fence: An 8 –foot solid plywood screening fence shall be installed around the construction site during construction and remain in place while construction is ongoing. The fence shall be painted green and installed prior to demolition of any structure on the site. (w) Explosives: No explosives will be permitted in the process of demolition and construction on the site. (x) Neighborhood Liaison: During construction the developer will provide a liaison to respond to questions and complaints from residents. The developer shall provide adequate notice to residents of the name and methods of contacting the liaison 24 hours a day, seven days a week. The contact name and number will be posted on the construction site. (y) Construction Vehicles. No parking of construction vehicles or equipment will be permitted on City Streets, except for streets which are closed to construction. All parking shall be accommodated on the site. If additional parking is required, the developer shall provide off site parking and shuttle workers to the site. (Enforcement issue) (z) Construction Hours. Unless written permission is granted by the Director of Public Works, construction work on the site is restricted to Monday through Friday from 7:00 am to 6:00 pm and 8:00 am to 6:00 pm on Saturdays. (1a) Background Checks. Background checks will be performed by the contractors for all construction workers prior to their working on the site. Information relating to background checks will be kept on file by the Contractors. A convicted felon or pedophile will be barred from working on the site. (1b) Valet drop-off. The location and design of a valet drop-off will be considered along the south side of Daniel as part of the Detailed Site Plan. (1c) Use of Library during construction: (1d) Police officer to direct traffic. The developer shall provide and pay for a certified police officer Monday through Saturday at the intersection of Daniel Avenue and Snider Plaza Blvd. to insure efficient and safe pedestrian and vehicular circulation. The officer will be present from 11:00 a.m. to 2:00 p.m. and from 4:30 p.m. to 6:00 p.m. ( 1e) Advisory Board. The Developer will create an advisory board to be comprised of area residents, merchants and commercial property owners. This advisory board will meet no less than once each sixty (60) days for presentation, discussion and input related to the project. The Developer shall also hold one or more town hall meetings at least thirty (30) days in advance of the P&Z meeting where the Detailed Site Plan will be considered PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES July 17, 2006 The Planning and Zoning Commission of the City of University Park met on Monday, July 17, 2006 at 5:00 P.M. in the City Hall Council Chambers, 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 Randy Biddle Rob Dillard - City Attorney Bill Foose Jennifer Deaver- Administrative Assistant Reed Shawver, III Bud Smallwood- Director of Public Works Doug Roach Present & Seated Ed Freeman Absent and Excused Bea Humann Jerry Jordan Mr. West opened the public hearing and then read the specifics of the first case. PZ 06-004 - Hold a public hearing and consider a request by Winstead, Sechrest & Minick, representing Legacy Hillcrest Investments, LP, for a change of zoning from Multi family “MF-2”, Parking “P” and Office “O-2” zoning district classification to Planned Development District and approval of a PD concept plan. The subject tract is approx. 2.0696 acres more or less, situated between Daniel and Haynie Avenues and West of Hillcrest Ave., and described as lots 5 thru 12, Block 3, University Park Addition, City of University Park. The said tract is zoned MF-2, P and O-2 and owned by Legacy Hillcrest Investments, LP. Mr. Persaud gave a brief over view of the specifics via a power point presentation. Mr. West inquired if there was any favoring / opposing parties that wished to speak. Mr. Art Anderson representing Legacy Hillcrest Investments, LP came forward He briefed the audience and commission members on the history of the case, stating that there was a neighborhood meeting reviewing the site plan the proposed changes. He stated that the neighbors were in favor of the changes at the time and were not focused on the square footage but primarily on the adverse effects of the traffic. He stated that the traffic studies decided that there was not degradation in the level of service. He stated that after the April meeting of the Planning and Zoning Commission he sent Jeremy Windam of Jacobs Engineering, back for additional studies of the access at Haynie. He then stated the leasable space would be 147,500 square feet, excluding hallways and elevators, etc., 175,000 square feet of library, retail, and restaurant space. He reminded the commission that Danny Cummings had suggested a 25% reduction of square footage of restaurant space and that there was already a reduction of 63,000 square feet in the 2001 conceptual plan. Town houses were added at the request of the neighborhood and another change in the reduction of height and putting in a penthouse suite that would be setback. He stated that they wanted to make this a community based project. He stated that an advisory committee was made up of residents in the neighborhood to fashion the design standards. He expressed concerns of an increase in density and that the intersection was still at a LOS of a C. He then urged the commission to approve his request. Mr. West inquired if there were any opposing parties that wished to speak. Mr. Wayne Johnson, resident / owner of the property situated at 3601 Haynie introduced himself and stated that the traffic study performed seems vague and that most cars would cut through at Haynie. He then stated that with the five to eight (MF) Multi Family units being included in the proposed plan, there would be an increase in the trips per day that were estimated in the traffic study. He stated that this plan is too large and then urged the commission to deny the plan as requested. Mr. Jim Tubb, resident / owner of the property situated at 3407 Haynie, came forward. He stated that his property is located across the street from the parking lot of the bank building. He then stated that the dumpsters and the loading docks were moved due to the obvious traffic issues, and that the trips per day calculated in the traffic study allow very little time for crossing the street. He then expressed concerns of the size of this building and read parts of the letter from Mr. Huddleston and stated that the design was just a giant and uncharacteristic of the residential area. He then urged the commission to deny the request. Ms. Mary Neil, resident / owner of the property situated at 3421 Haynie, came forward. She introduced herself and stated that there was no need to again list the reasons as to why this plan should be denied but wanted to be able to turn to the city for health and protection. She expressed concerns of property values plummeting and that she can not depend on the city for this protection and she then urged the commission to deny the request. Mr. Anderson introduced Jeremy Windham of Jacobs Engineering. Mr. Windham reviewed the changed results of the traffic study preformed with the development being at 217,000 square feet. Mr. Roach inquired if, with these changes, were the trips per day were increased by 6200 total trips per day. Mr. Windham stated yes. Mr. Craig Melde, architect representing Legacy Hillcrest, LP, and resident / owner of 3415 University, came forward. He stated that the main building stands at applicable height with the penthouse level being a leasable space. Mr. Biddle inquired as to why the decorative columns were so tall. Mr. Melde stated that it was an architectural element. Mr. Melde stated that it could be looked into, adding that there would be two floors of office space, one floor of retail space and some multi-family use space in order to provide a buffer to the neighborhood. Mr. Foose inquired how many floors there were total. Mr. Melde stated three. Mr. West stated that the city does not recommend parallel parking because of the problems that would result from cars waiting in the street to pull in. Mr. Melde assured him that it could be worked out. Mr. Biddle inquired if the education uses listed were pertaining to the library. Mr. Melde stated yes. Mr. Roach expressed concerns of the traffic study predicting 6200 trips per day. Mr. Wilson explained that improvements would have to be inclusive of looking at the previous square footage. He stated that the cuing was looked at on a peak hour and that the biggest bottle neck was at Daniel and Haynie and the conditions should improve with timing and with the change in square footage. Mr. Anderson stated that most people employed in this building would not be driving out to eat and that with the 8-5 people the traffic will work even better than what the study shows. A discussion ensued regarding the possibility of widening the road and creating a left turn lane on the east bound side of Haynie and a right yield for the east bound side of Daniel. Mr. West inquired if there was anyone else who wished to speak. When no one came forward he closed the public hearing. Mr. West suggested that someone make a motion to table the item for a future meeting until the square footage could be revised. Mr. Roach stated that he would not like to see that happen as it has already come before the Planning and Zoning Commission four times, he then suggested approval with a limit on the amount of square footage and a limit to the number of spaces dedicated for each use. Mr. Shawver made a motion to deny the request. The motion was not seconded. st Mr. Biddle made a motion to table the item until the August 21 meeting of the Planning and Zoning Commission proposing a work shop to meet with the developer. The motion was not seconded. At this point Mr. Roach stated that he would not support any building larger than 135,000 sq. ft. Mr. Foose made a motion to approve the PD Concept Plan with a total of 135,000 sq. ft. gross floor area, excluding the 8 units of town homes, subject to the following conditions: (1) Height of the proposed building on the O-2 site shall be limited to the height of the existing building (2) A maximum of 22,000 square feet for restaurant /retail space and (3) Building height west of the common area shall not exceed 35 feet. Mr. Roach move to amend the motion as follows: (1) Parking to be provided at the rate of 1:200 square feet for retail and restaurant, and 1:300 square feet for office space and (2) with 19 staff conditions. Mr. Foose agreed to the changes made by Mr. Roach and further amended the original motion to allow for Restaurant /retail space not to exceed 25,000 square feet. Mr. Roach then seconded the motion as amended. The motion was approved 3-2. Mr. West then read the specifics of the second case.