HomeMy WebLinkAboutMn. 2011.07.19
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MINUTES
AGENDA #2817
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER - CITY HALL
TUESDAY, JULY 19,2011,5:00 P.M.
2:02 - 2:50 P.M. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 551.071
THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION TO RECEIVE
CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY REGARDING
POTENTIAL ELECTION CHANGES DUE TO SB 100 AND POTENTIAL LITIGATION
REGARDING SEWER BACKUP. NO ACTION WAS TAKEN. EXECUTIVE
CONFERENCE ROOM, CITY HALL.
3:00 - 4:00 P.M. PARKS AND PUBLIC WORKS STAFF PRESENTED INFORMATION TO
THE COUNCIL REGARDING POTENTIAL PROJECTS FOR IMPROVEMENTS TO
VARIOUS LOCATIONS INCLUDING CENTRAL EXPRESSWAY OVERPASSES, SNIDER
PLAZA AND MIRACLE MILE SHOPPING AREAS, MCFARLIN BLVD., SEVERAL
MEDIAN AREAS, THE PEEK SERVICE CENTER, AND THE CURTIS PARK
FOOTBRIDGE. EXECUTIVE CONFERENCE ROOM, FIRST FLOOR, CITY HALL.
4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW EXECUTIVE CONFERENCE
ROOM, FIRST FLOOR, CITY HALL.
I. CALL TO ORDER
The Regular City Council Meeting was called into session at 5:00 p.m. in the Council
Chamber at City Hall. Present were Councilmember Begert, Councilmember Clark, Mayor
Davis, Mayor Pro Tem Grable, and Councilmember Stewart. Also in attendance were City
Attorney Dillard, and City Manager Livingston.
A. INVOCATION: Mayor W. Richard Davis
B. PLEDGE OF ALLEGIANCE: Mayor W. Richard Davis
C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D. INTRODUCTION OF STAFF: City Manager Bob Livingston
City Manager Livingston introduced staff as follows: Community Information Officer
Steve Mace, Director of Information Services Jim Criswell, Police Chief Gary Adams,
Director of Public Works Bud Smallwood, City Secretary Liz Spector, Chief Planning
Official Harry Persaud, Administrative Assistant George Ertle, Director of Parks Gerry
Bradley, Director of Community Development Robbie Corder, Assistant Director of
Public Works Jacob Speer, Director of Finance Kent Austin, and Fire Chief Randy
Howell.
II. AWARDS AND RECOGNITION
A. PROCLAMA TION: in appreciation of cast stone markers donated by Russ and Melissa
Rieman
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III. CONSENT AGENDA
A. CONSIDER AND ACT: on a resolution approving an Interlocal Agreement for
Cooperative Purchasing with the City of McKinney
B. CONSIDER AND ACT: on a resolution approving an Interlocal Agreement with TIPS
Purchasing Cooperative
C. REPORT: receive 3rd Quarter (06/30/2011) FY2011 fund report
D. CONSIDER AND ACT: on renewal of a cooperative agreement with Dallas County for
the CDBG/HOME Program
E. CONSIDER AND ACT: on an ordinance regulating connections to the sanitary and
storm sewer systems
ORDINANCE NO. 11/13
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES BY AMENDING
SECTION 13.04.066 (c) REGULATING CONNECTIONS TO THE PUBLIC
SANIT ARY SEWER SYSTEM AND THE STORM SEWER SYSTEM;
AUTHORIZING INSPECTIONS; REQUIRING DISCONNECTION OF ILLICIT
CONNECTIONS; PROVIDING FOR NOTICE AND OPPORTUNITY TO
DISCONNECT; AUTHORIZING DISCONNECTION FROM WATER SUPPLY;
AUTHORIZING CITY TO PERFORM WORK AND CLAIM LIEN ON
PROPERTY; 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.
F. CONSIDER AND ACT: on a proposal from DFW Communications for the installation
of a monopole at the Peek Service Center
G. CONSIDER AND ACT: to review bids and award a contract for in-place recycling of
asphalt pavement at various locations
H. CONSIDER AND ACT: on a request to abandon certain street rights-of-way
I. CONSIDER AND ACT: on an ordinance abandoning certain property adjacent to the
McFarlin Avenue right-of-way to SMU
ORDINANCE NO. 11/14
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS,
ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY OF
MCFARLIN BOULEVARD, AS MORE P ARTICULARL Y DESCRIBED AND
DEPICTED IN EXHIBIT "B", TO THE ABUTTING OWNER, SOUTHERN
METHODIST UNIVERSITY, IN EXCHANGE FOR DEDICATION OF NEW
STREET RIGHT-OF-WAY FOR AIRLINE ROAD, AS MORE
P ARTICULARL Y DESCRIBED AND DEPICTED IN EXHIBIT "A"; AND
PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS
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ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF
DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY IN
EXCHANGE FOR A DEDICATION DEED FROM SOUTHERN METHODIST
UNIVERSITY; AND PROVIDING AN EFFECTIVE DATE.
J. CONSIDER AND ACT: on approval of minutes of the June 21, 2011 City Council
Meeting
City Manager Livingston read through the items included on the Consent Agenda. Mayor
Davis reminded the Council that during the work session he requested that Item F, a proposal
from DFW Communications to install a monopole at the Peek Service Center, be
removed from the Consent Agenda until further study.
Councilmember Stewart made a motion to approve all items on the Consent Agenda except
Item F, a proposal from DFW Communications to install a monopole at the Peek Service
Center. Councilmember Clark seconded, and the motion carried unanimously.
IV. MAIN AGENDA
A. PUBLIC HEARING: on a request by Legacy Hillcrest Investments for a change of
zoning from Parking "P" and Office "0-2" zoning district classification to Planned
Development District "PD-37" and consideration of a Conceptual Site Plan for a mixed-
use development to include. but not limited to, Hotel. one Single-Family unit. Offices.
Retail and Parking below grade.
Mayor Davis asked Chief Planning Official Harry Persaud for a brief summary. He also
requested the applicant to limit their presentation to 15 minutes and asked that the total
time allowed to speak against the application be limited to 15 minutes.
Chief Planning Official Harry Persaud addressed the Council. He said 41 notices were
mailed to surrounding property owners. He stated that 14 notices were returned
opposed, and none were returned supporting the application. Mr. Persaud said
this created an oppositional response of 33.76% which triggers the 20% rule requiring a
supermajority of the Council to approve this item. He said a supermajority would
require 4 out of 5 of the Council to approve the rezoning request.
Mayor Davis asked City Attorney Dillard to explain the 20% rule. Mr. Dillard
explained the Texas Code Section which addresses this issue.
Mr. Persaud said that several petitions opposing the proposition were delivered to city
staff and copies are included in the agenda packet for the Council's review. He also
stated that a map was created to show the location of the addresses of negative
responses.
Mr. Persaud said the current proposal from Legacy Hillcrest includes the 0-2
(Office) and P (Parking) tracts. He said unlike the developer's previous
submissions, the MF-2 tract is not included. Mr. Persaud said this rezoning request was
received on January 24, 2011 and included a site plan with 150,000 square feet
of leasable space. He said of this total, the developer requested a maximum of
130,000 sf for office space, a maximum of 20,000 sf for restaurant and retai I, a
maximum of 50,000 sf for hotel space and 30,000 sf for underground space and one
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single-family unit.
Mr. Persaud said the plan was presented to the Planning & Zoning Commission for
public hearings on March 8, 2011 and April 12, 2011. He said after the P & Z
deliberations, they unanimously forwarded a recommendation to the Council for final
consideration. Mr. Persaud said a draft ordinance incorporating those recommendations
was provided to the Council in the agenda packet.
Mayor Davis opened the public hearing.
Mr. Art Anderson, representing the applicant, addressed the Council. He said his
client supported the P &Z recommendation to the Council. Mr. Anderson mentioned
that an alley abandonment application has been filed. Mr. Anderson said comments
that had been received from neighborhood residents indicated they were tired
of attending public hearings to voice their opinion, and so his client has submitted the
bottom-line level of density and subsurface parking that can realistically be built and
still allow a quality development.
Mr. Anderson said under existing zoning, a development of 108,000 sf could be built.
He said this would require a 3-level above ground parking garage to meet requirements
of to day's code. He said his client felt it would not be economically feasible to build
subsurface parking with that floor-to-area ratio.
He displayed a chart comparing Legacy Hillcrest's four submissions on this rezoning
request: 2001,2007, the original 2011 application and the 2011 P & Z
recommendation.
He stated his client has reduced the proposed development size from 270,500 square
feet to 135,000 sf. to satisfy the residents and the Council. He said the building height
has been decreased from 120 feet to 72.5 feet. Mr. Anderson stated the developer has
requested flexibility regarding number of floors on the low-rise building. He said due to
the slope on the site, there is a potential for a half floor but the number of floors wi II not
impact the maximum allowable square footage. He said the amount of occupiable space
will remain within the parameters as requested by P & Z.
Mr. Anderson said the references points used to measure the building heights are same
points used in all the previous applications.
Mr. Anderson stated this development would be beneficial for the community. He said
Planned Development zoning requires a detailed site plan review by the City, but under
existing zoning, no site plan review is required. He said his client has included
siginificant landscaping for the development.
Mr. Anderson mentioned that under PD requirements, if the number of trips incurred
due to the development are not less, there is a procedure within 18 months to reevalute
with a traffic study and make sure the traffic patterns are as represented and no
additional improvements are needed.
Mr. Anderson said the petitions submitted by the residents in opposition to the proposal
stated there will be a devaluation of their properties. Mr. Anderson said his client thinks
there will be an increase to their property values because the development will be an
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improvement to the area. He stated that P & Z took care to ensure the adjacency issue
was addressed by requiring a 25 ft. setback on Haynie, subsurface parking, enhanced
landscaping, special facade treatment, and no direct access or balconies facing Haynie.
Resident Duncan Fulton addressed the Council regarding his opposition to the proposed
development. He requests the Council deny approval of the application. Mr. Fulton
compared the density of the proposed project to the surrounding areas and said if built
as presented, the development would be 3.5 times as dense as the commercial property
to the south, 1.75 times as dense as the commercial property to the north, and 30% more
dense than current development rights. He said this is contrary to good zoning practice.
Mr. Fulton said a typical response to zoning that is close to residential is to require
transitional zoning, down zoning rather than up.
He said by allowing the accessory uses in the basement to not count towards the total
allowable square footage, the developer is actually receiving a benefit of more leasable
space in the building.
Mr. Fulton stated that Snider Plaza is currently 700 parking spaces short according a
study done for the City in May 2008, and he said the proposed development stands to
make that situation worse and is inconsistent with good public policy.
Mayor Davis addressed Mr. Anderson regarding a letter he wrote. Mayor Davis said the
letter stated if the Council were to make any further reductions to the allowable square
footage of the development, the applicant would withdraw their rezoning request. Mr.
Anderson said that was the intent of his client. He said the developer felt that any
further reductions would eliminate the economic feasibility of constructing subsurface
parking at the site.
Councilmember Clark asked ifMr. Anderson agreed with Mr. Fulton's and staffs FAR
calculations. Mr. Anderson said no. He said he considers the development a combined
project, with FAR of around 2: I, with the properties one unified development project.
He said that he thinks the development will be overparked, but his client is willing to
abide by the City's parking requirements, althought it will be costly. Mr. Anderson said
this development is more of a transitional development, from the 3: 1 FAR in Snider
Plaza down to the GR. He said the development will attempt to address the transition
about what the development will look like from a home across Haynie.
No one wished to speak to the item further and Mayor Davis closed the public hearing.
Mayor Davis stated that the Council plans to continue discussions on this rezoning
request at the September 6,2011 Council Meeting.
B. CONSIDER AND ACT: on 5-Year Capital Proiects recommendations and resident
requests and provide direction to staff
No action was taken on item B.
C. DISCUSS: fence heights in rear yards
Community Development Director Robbie Corder addressed the Council regarding a
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proposed amendment to the Zoning Ordinance to allow residential lots with grade
changes between the alley and the rear yard significant enough to require a retaining
wall to have fences taller than the maximum 8-foot height currently set in the Code.
Mr. Corder said staff recommends making this change because there have been many
similar cases before the Board of Adjustment requesting additional heights on fences.
He said the Council referred the issue to ZOAC in June and they unanimously
recommended the City proceed with an amendment to allow homeowners with a rear
yard grade change to apply for fences with a 10-foot maximum rather than the standard
8-foot maximum. He said the limitations would be a two-foot retaining wall with an 8-
foot fence on top of that.
Mr. Corder requested the Council to refer the proposed amendment to P & Z for a
public hearing.
Mayor Davis asked if the Council had any objections, and as there were none, he
instructed staff to refer the issue to the Planning & Zoning Commission.
V. ITEMS FROM THE FLOOR
Mr. Livingston said if anyone present wished to address the Council they may do so at this
time.
Resident Carolyn Loy thanked the Council for approving the Apache helicopter to be on-site
during the July 4 parade and picnic.
Resident Mitchell Foote, 4501 Druid, addressed the Council. Mr. Foote requested the City to
bring the section of Turtle Creek between University and Turtle Creek Blvd. on the west side
of Goar Park up to the same standards as the rest of the parks and waterways in the City. He
said the drainage structures under University Blvd. should be reviewed to ensure they are
working properly. He said the focus should be on the sediment and debris in the creek. He
also mentioned that it may be beneficial for the City to install fencing in the lower areas ofthe
creek for safety reasons and to prevent soccer balls and other items from falling into the creek
and clogging up the waterway.
Mayor Davis thanked Mr. Foote for his comments. As there were no more requests to address
the Council, Mayor Davis adjourned the meeting.
Considered and approved this 23rd day of August, 2011.
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