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HomeMy WebLinkAboutMn. 2011.07.19 _____~...._,._...____.._...__. ___ _'__~_'."__'__'_~___'__ ..-.,__..____ OU' _ ~ _ ___ _______~, 378 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 379 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 380 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 381 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 382 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 383 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. AfsL.f;/ MAYce. R<o~