HomeMy WebLinkAbout2015.03.17 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, March 17, 2015
EXECUTIVE SESSION
3:30 - 4:00 P.M. Pursuant to TGC§ 551.074, the City Council will meet in closed session to discuss a
proposed contract amendment for City Manager Robbie Corder. No action will be taken. Executive
Conference Room, 1st Floor, City Hall.
PRE-MEETING WORK SESSION(S)
4:00 - 5:00 P.M. The City Council will meet in open work session to receive agenda item briefings
from staff. No action will be taken. Council Conference Room, 2nd floor, City Hall.
TO SPEAK ON AN AGENDA ITEM
Anyone wishing to address the Council on any item must fill out a green “Request to Speak” form and
return it to the City Secretary. When called forward by the Mayor, before beginning their remarks,
speakers are asked to go to the podium and state their name and address for the record.
I.CALL TO ORDER
A.INVOCATION: City Councilmember Dawn Moore
B.PLEDGE OF ALLEGIANCE: City Councilmember Dawn Moore / Boy Scouts
C.INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.
D.INTRODUCTION OF STAFF: City Manager Robbie Corder
II.AWARDS AND RECOGNITION
III.CONSENT AGENDA
Consider approval of an amendment to the employment agreement with
the City Manager.
14-304
Staff Report
Contract Amendment
Attachments:
Page 1 City of University Park Printed on 3/13/2015
March 17, 2015City Council Meeting Agenda
Consider approval of a proposal from Kimley-Horn to perform a traffic
study.
14-299
Staff Report
GWBPC TIA Update Proposal 12.5.2014
Ordinance No. 10-08 GWBPC PD No. 38
Attachments:
Consider approval of a drainage and maintenance agreement with a
property owner adjacent to Turtle Creek, south of McFarlin Blvd.
14-300
Staff Report
Locke Easement
Attachments:
Consider approval of an amendment to an agreement between the City
of University Park and the Estate of Adele N. Seybold (3805 McFarlin).
14-302
Staff Report
Locke Agreement re McFarlin improvements
Attachments:
Consider approval of the minutes of the March 3, 2015 City Council
Meeting with or without corrections.
14-308
Staff Report
Minutes - March 3, 2015 City Council Meeting
Attachments:
IV.MAIN AGENDA
Public hearing on an ordinance amending the detailed site plan for
Planned Development District, PD-32 for a tract of approximately 6.24
acres located at 6601 Turtle Creek Boulevard.
14-303
Staff Report
Attachment #1 Draft ordinance
Attachment #2 SITE PLAN[2]
Attachment #3 Property Owner Response
Attachment #4 PZ Minutes 2.10.2015 Draft
Attachments:
Consider approval of an ordinance amending the detailed site plan for
Planned Development District, PD-32 for a tract of approximately 6.24
acres located at 6601 Turtle Creek Boulevard.
14-305
Staff Report
Attachment #1 Draft ordinance
Attachment #2 SITE PLAN[2]
Attachment #3 Property Owner Response
Attachment #4 PZ Minutes 2.10.2015 Draft
Attachments:
Page 2 City of University Park Printed on 3/13/2015
March 17, 2015City Council Meeting Agenda
Public hearing on an ordinance amending the detailed site plan for
Planned Development District, PD-33 for a tract of approximately 2.98
acres located south of Lovers and west of Preston Road.
14-306
Staff Report
Attachment #1 Draft Ordinance
Attachment #2 Legal description of subject tract
Attachment #3 Detailed Site Plan Pgs 1 -17
Attachment #4 Responses
Attachment #5 PZ Minutes 2.10.2015 Draft
Attachments:
Consideration of an ordinance amending the detailed site plan for
Planned Development District, PD-33 for a tract of approx. 2.98 acres
located south of Lovers and west of Preston Road.
14-307
Staff Report
Attachment #1 Draft Ordinance
Attachment #2 Legal description of subject tract
Attachment #3 Detailed Site Plan Pges 1- 17
Attachments:
Consider approval of a request to abandon certain alley rights-of-way.14-301
Staff Report
Exhibits
Attachments:
V.PUBLIC COMMENTS
Anyone wishing to address an item not on the Agenda should do so at this time. Please be advised
that under the Texas Open Meetings Act, the Council cannot discuss or act at this meeting on a
matter that is not listed on the Agenda. However, in response to an inquiry, a Council member may
respond with a statement of specific factual information or a recitation of existing policy. Other
questions or private comments for the City Council or Staff should be directed to that individual
immediately following the meeting.
VI.ADJOURNMENT
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.
Page 3 City of University Park Printed on 3/13/2015
March 17, 2015City Council Meeting Agenda
CERTIFICATE:
I, Christine Green, City Secretary, do hereby certify that a copy of this Agenda was posted on the City
Hall bulletin board, a place convenient and readily accessible to the general public at all times, and on
the City's website, www.uptexas.org, in compliance with Chapter 551, Texas Government Code.
DATE OF POSTING:____________________________
TIME OF POSTING:_____________________________
________________________________
Christine Green, City Secretary
Page 4 City of University Park Printed on 3/13/2015
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/17/2015Agenda
TO:Honorable Mayor and City Council
FROM:Robbie Corder, City Manager
SUBJECT:Consider & Act: Amendment to employment agreement with City
Manager
BACKGROUND:
The proposedamendment to the Employment Agreement with the City Manager
provides for housing assistanceand reimbursement of moving expenses
associated with relocating the manager’s residence into the City of University
Park.
RECOMMENDATION:
Approval of the consent agenda will authorize the amendment to the employment
agreement.
FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
FIRST AMENDMENT TOAGREEMENT FOR PROFESSIONAL SERVICES
AND EMPLOYMENT AS CITY MANAGER
This First Amendment (“Amendment”) to the Agreement for Professional Services and
Employment (“Agreement”) as City Manageris made and entered into as of the____day of
___________2015,by and between the City of University Park, Texas, a municipal corporation
(“City”), and Robert Corder(“Manager”) (collectively “the parties”),to establish and set forth
the terms and conditions of the residential relocationof the Manager into the City.
WHEREAS,the City desires to assist the Manager in relocating his family residence into the
Citypursuant to the terms, conditions and provisions of this Amendment;
WHEREAS,it is the desire of the City Council(“Council”)of theCity to provide a monthly
housing allowance, loan discount fee and other benefits tothe Manager as provided in the
Agreementand the Amendment;
WHEREAS,the Manager is acting as the City Manager of the City, subject to and on the terms,
conditions, and provisions agreed to and set forth in theAgreement,entered into by the parties
on the 3rd of December 2013;
WHEREAS, it is in the best public interest of the City and its citizens that the Manager relocate
his permanent residence to the City so as to beimmediately available to the Council, staff and
citizens, especially in times of emergency when he would be called upon to coordinate and direct
essential City services in order to preserve and protect the public health, safety and welfare, as
provided inSection 7 of the Agreement and amended hereby;
NOW, THEREFORE,in consideration of thesepremisesand other good and valuable
consideration, including the mutual covenants herein contained, the City and the Manager hereby
contract, covenant, and agreeto enter into the First Amendment as follows:
Section 1. Premises
The parties agree that the premises hereof are true and correct.
Section 2. Residency Relocation
The Manager is currently a resident of the City of Dallas. Manager has indicated to the City
Council that he has chosen to move into the corporate boundaries of the City and has entered into
a contract of sale for a home in the City.
Section 3. Housing Allowance, Fees and Costs
The City shallpay directly for the expenses of moving the Managerand his family and personal
property from his prior residenceto the City. Said moving expenses include packing, moving,
storage costs, unpacking, and insurance charges.The City shall pay theManagera monthly
housing allowance, as additional base compensation, of twelve hundred dollars($1,200.00),
FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
closing costsin the amount of three thousand tendollars ($3,010.00), anda mortgage rate
discount fee in the amount of nine thousand eighty-four dollars ($9,084.00) to be paid by him in
acquiring apermanent residence in the City. Such monthly housing allowance shall remain in
effect only for so long as the Manager resides in and maintains such residence in the City as his
primary residence and during his tenure as Manager.
Section 4. General Provisions
A. Section Headings.All section headings contained herein are for the convenience of reference
only and are not intended to define or limit the scope of any provision of this Amendment.
B. Governing Law.This Amendmentshall be construed in accordance with, and governed by,
the laws of the State of Texas. Venue shall lie exclusively in Dallas County, Texas.
C. Severability. In the event anyone or more of the sections, provisions or clauses contained
herein shall for any reason be held to beinvalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision of this Amendment,
but this Amendmentshall be construed as if such invalid, illegal or unenforceable provision had
not been contained herein.
D. Entire Agreement.This Amendmentincorporates all the agreements, covenants and
understandings between the City and the Manager concerning the subject matter hereof, and all
such covenants, agreements and understandings have beenmerged into this written Amendment.
No other prior agreements or understandings, verbal or otherwise, of the parties or their agents
shall be valid or enforceable unless embodied in this Amendment.
E. Amendment.This Amendmentshall not be modified or amended except by a written
instrument executed by the Manager and the duly authorized representative of the Council.
F. Effective Date.This Amendmentshall be infull force and effect as of the date Managerand
the officialrepresentative ofthe City Councilhave executed the same.
G. Counterparts.This Amendmentmay be executed in duplicate original counterparts, each of
which when so executed shall be deemed to be an original, and such counterparts shall together
constitute but one andthe same instrument.
IN WITNESS WHEREOF,the City and the Manager have executed this Amendmenteffective
as of the date first written above.
SIGNATURE PAGE FOLLOWS
FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
FOR THE CITY:
______________________________
Olin B. Lane, Mayor
Date: __________________
ATTEST:
______________________________
City Secretary
(Seal)
AGREED TO AND ACCEPTED this ____ day of ______________ 2015.
______________________________
Robert Corder, City Manager
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/17/2015Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Traffic Study -GWBPC
BACKGROUND:
Ordinance 10-08 establishing Planned Development No. 38 for the George W. Bush Presidential
Center included a requirement for follow-up traffic studies subsequent to the issuance of a
Certificate of Occupancy. At the requisite time frames detailed in the ordinance, GWBPC staff
was in contact with the City to discuss the scope of work. However, until recently, construction
project at the following locations made it impossible to gather accurate data necessary to develop
the report:
Closure and reconstruction of Bush Avenue, north from Mockingbird to SMU Blvd;
Closure and utility and street reconstruction of Airline, north from SMU Blvd to McFarlin;
Lane reduction for utility and pavement reconstruction along SMU Blvd, from Airline to
Bush Ave;
Closure for reconstruction of Boedeker, north from SMU Blvd to Lovers Lane and
University Blvd, east from Dublin to NCE;
We are finally at a point that we can conduct the traffic study, assuming the field data is collected
prior to Highland Park’s summer closure of the Mockingbird-Bush intersection. To that end, staff
solicited a proposal from Kimley-Horn to perform the study. One task that staff asked the
consultant to perform (and we feel the City should be responsible for) is sight distance review
associated with the crosswalk. Some of the trees alongthe SMU parkway cause a sight
obstruction for motorists. After discussion with GWBPC staff, we asked the consultant to “scope
of service” identify items 3, 4, and 6 to be conducted, if warranted. Deducting those amounts, as
well as the cost of task 5, sight distance, the cost of the study for which GWBPC would reimburse
the City would be $8,800. Task 5 would bring the total cost of the study to $11,000
RECOMMENDATION:
Staff recommends City Council approval of the Kimley-Horn proposal in the amount of$11,000,
of which the GWBPC will reimburse $8,800.
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/17/2015Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director Public Works
SUBJECT:Drainage -MaintenanceAgreement
BACKGROUND:
The City Council,through prior action,agreed to operate the privately-owned collapsible
dam across Turtle Creek, south of McFarlin Blvd. Additionally, that agreement provided
that the City would be responsible for silt removal from the creek channelnorth of the
dam to McFarlin Blvd. The attached agreement grantsaccess easementsfor that
purpose from one of thetwo adjacentproperty owners on either side of the creek. Upon
review and approval from the other property owner, that agreement will be brought to
Council.
RECOMMENDATION:
Staff recommends City Council approval of the drainageagreementfor the John Locke
property.
. ..
..
DRAINAGE AND MAINTENANCE EASEMENT
Date: ~ ? .:?:a L(
Grantor: Estate of Adele N. Seybold, by John P. Locke, Executor
Grantor's Mailing Address: 3701 Southwestern Blvd., University Park, Dallas County, Texas
75225-7222
Grantee: City of University Park, Texas
Grantee's Mailing Address (including county): 3800 University Blvd., University Park, Dallas
County, Texas 75205
Property (including any improvements): A tract of land in the City of University Park, Dallas
County, Texas, more particularly described in Attachment "A" attached hereto and made part
hereof for all purposes.
Consideration: Grantor, for and in consideration ofTEN AND N0/100 DOLLARS ($10.00) and
other good and valuable consideration in hand paid by the Grantee, the receipt and sufficiency of
which are hereby acknowledged, has dedicated, granted, sold and conveyed, and by these
presents does dedicate, grant, sell and convey unto the said Grantee a non-exclusive drainage and
maintenance easement over, along, across and under the Property, including the right of ingress,
egress, and regress therein, to collect and direct ground water and stonn water over the Property
from upstream of the Prope1iy and to remove silt from the Prope1iy. This easement is granted
pursuant to the tenns of that ce1iain Agreement between Grantor and Grantee, styled "Agreement
Regarding Improvements" and dated the 2tJ_ day of C)C!:[a:J(l/L..2014, specifically section 2,
for placement of equipment to be used for silt removal from the Turtle Creek pool located south
of McFarlin Blvd. and any other necessary maintenance on the Property.
Notwithstanding anything contained herein to the contrary, (a) use of the Property pursuant to
this easement agreement shall be exclusively within the creek bed of Turtle Creek located on
Grantor's property in the Jenkins Subdivision of Tract 3, Lots 1, 2, and 60' of Lot 3, commonly
known as 3805 McFarlin Blvd. (for the avoidance of doubt, the City shall not be permitted to
access or place any equipment on any portion of the property now owned or hereafter acquired
by Grantor that is outside of such creek bed (the "Grantor's Premises")), (b) Grantee shall
provide Grantor with written notice at least ninety (90) days prior to Grantee's entry onto the
Property for a purpose contemplated by this easement, and such notice shall include the scope of
work to be accomplished during such entry, (c) any such silt removal or other necessary
maintenance shall be performed in a timely manner within the time allowed by the Grantee's
contract for the same (and in any event as quickly as reasonably practicable) and in such a way
so as not to interfere with Grantor's use and enjoyment of Grantor's Premises, (d) Grantee shall
bear the cost of any such maintenance and silt removal operations, and (e) no silt removed from
the Property or any portion of the creek bed shall be placed on any portion of Grantor's
Premises.
Drainage and Maintenance Easement-Page 1
,•
Indemnification: With respect to work to be performed hereunder, Grantee agrees to indemnify,
defend and hold harmless Grantor and his employees, agents, servants and invitees (the "Grantor
Parties") from any and all loss, damage, liability, cost or expenses, including, but not limited to,
reasonable attorneys' fees, court costs and other sums which the Grantor Parties may pay or
become obligated to pay on account of (a) any, all and every demand or claim, or assertion of
liability, or any claim or action founded thereon arising or alleged to have arisen out of any act,
omission or breach of Grantee, or its agents, servants, employees or contractors, whether such
claim or claims, action or actions be for damages, injury to person or property, including the
property of the Grantor Parties, or death of any person, made by any person, group or
organization or (b) any mechanics', materialmen's and laborers' liens and all cost, loss, expenses
and liabilities arising from Grantee's performance of its obligations under this easement
agreement.
Insurance or Risk Transfer: During performance of all of its obligations under this easement
agreement, Grantee agrees that it shall, at its own expense (and shall cause any third party
contractor to) maintain in force a policy or policies or a similar Liability Coverage Document
written by one or more responsible insurance carriers licensed to do business in the State of
Texas, or by the Texas Municipal League Intergovermnental Risk Pool (the "Pool"), which shall
insure or protect Grantee against liability for bodily injury to and/or damage to property of any
person or persons, with coverage limits in an amount reasonably acceptable to Grantor.
Moreover, Grantee will endorse its Pool Liability Coverage Document to include the Pool's
Indemnification Under Contract Endorsement EL217, with specific reference to this easement
agreement. Grantee will also take all steps necessary to make sure that the Pool adds all
necessary classifications to its General Liability schedule of exposures to make sure that the
subject-matter ofthis easement agreement is covered.
To have and to hold the above described property for drainage, silt removal and other
maintenance purposes deemed necessary by Grantee, with the right of ingress, egress, and
regress therein, together with all and singular the usual rights thereto in anywise belonging, unto
the said Grantee, forever, and Grantor does hereby bind itself, its successors and assigns, to
warrant and forever defend, all and singular, the said premises unto the said Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof. The Grantee shall not have the right to assign this grant in whole or in part
without prior written consent of the Grantor.
When the context requires, singular nouns and pronouns include the plural.
Drainage and Maintenance Easement -Page 2
IN TESTIMONY WHEREOF, the Grantor and Grantee herein have executed this
Drainage and Maintenance Easement on the dates of acknowledgement for each as set forth
below.
GRANTOR:
GRANTEE:
THE CITY OF UNIVERSITY PARK, TEXAS
BY: __________________________ __
TITLE: ______________________ __
Drainage and Maintenance Easement-Page 3
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the 2. day of tebrva....r-/ 2015,
by John P. Locke, Executor of the Estate of Adele N. Seyb ld~ehalf of such Estcrte.
My Commission Expires:
2 -Z'S -1 t-
l-;.5:!::_~< JACIEL MONTALVO \~.1'\ .. t} MY COMMISSION EXPIRES
--~~f..w:-.~t . ..-February 25, 2017
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the __ day of 2015,
by in his capacity as ____________ _
of the City of University Park, Texas, a municipal corporation, on behalf of such municipal
corporation.
My Commission Expires:
AFTER RECORDING RETURN TO:
City Manager
City of University Park
3800 University Blvd.
University Park, Texas 75205
Notary Public, State of Texas
Drainage and Maintenance Easement -Page 4
ATTACHMENT A
DRAINAGE EASEMENT
PART OF ADELE N. SEYBOLD TRACT
JOHN SCURLOCK SURVEY, ABSTRACT NO. 1351
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
Being a tract or parcel of land situated in the John Scurlock Survey, Abstract No. 1351, City of
University Park, Dallas County, Texas, and being part of a tract of land owned by Adele N .
Locke and described as Second Tract conveyed to Eugene M. Locke by deed recorded in
Volume 4232, Page 1, Deed Records, Dallas County, Texas, and being more particularly
described as follows:
COMMENCING at a point for corner on the south line of McFarlin Boulevard (50 foot right-of-
way) 626.7 feet east of the east line of Shannon Lane (50 foot right-of-way), said point being the
northeast corner of Lot 1 , Jenkins Subdivision, an addition to the City of University Park
according to the plat recorded in Volume 4, Page 245, Map Records, Dallas County, Texas;
THENCE South ooo 21' 27" East along the east line of said Lot 1 and the west line of a tract of
land conveyed to the City of University Park by deed recorded in Volume 137g, Page 553, Deed
Records, Dallas County, Texas, a distance of 136.00 feet to a point for corner on the north line
of said Seybold tract, said point being the southeast corner of said Lot 1 and the most southerly
southwest corner of said City of University Park tract;
THENCE North ago 18' 33" East along the north line of said Seybold tract and the south line of
said City of University Park tract a distance of 12.00 feet to a point for corner on the face of a
proposed wall and the POINT OF BEGINNING;
THENCE North ago 18' 33" East continuing along the north line of said Seybold tract and the
south line of said City of University Park tract a distance of 72.74 feet to a point in Turtle Creek
for corner, said point being the northeast corner of said Seybold tract and the most northerly
northwest corner of Lot 5, Block 1, Windsor Park, an addition to the City of University Park
according to the plat recorded in Volume 19, Page 231, Map Records, Dallas County, Texas;
THENCE South 40° 55' 25" West along the common line between said Seybold tract and said
Lot 5 a distance of 89.71 feet to a point in said Turtle Creek for corner;
THENCE South 65° 15' 28" West continuing along the common line between said Seybold tract
and said Lot 5 a distance of 126.21 feet to a point in said Turtle Creek for corner;
THENCE North 51° 37' 14" West continuing along the common line between said Seybold tract
and said Lot 5, passing at a distance of 42.21 feet the common corner between said Seybold
tract, said Lot 5 and Lot 8, Block 1, Windsor Park Addition, an addition to the City of University
Park according to the plat recorded in Volume 91193, Page 1826, Deed Records, Dallas
County, Texas, continuing along the common line between said Seybold tract and said Lot 8 a
total distance of 47.57 feet to a point on the face of a proposed wall for corner;
THENCE generally along the face of said proposed wall the following calls:
North 4go 4g• 30" East a distance of 22.51 feet to a point for corner at the beginning of a
tangent curve to the right;
Drainage and Maintenance Easement -Page 5
SHEET 1 OF 3
26,074X
'• . •
DRAINAGE EASEMENT
PART OF ADELE N. SEYBOLD TRACT
.JOHN SCURLOCK SURVEY, ABSTRACT NO. 1351
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
In a northeasterly direction along said tangent curve to the right whose chord bears
North 65° 57' 56" East a distance of 6 .67 feet, having a radius of 12.00 feet, a central
angle of 32° 16' 52" and an arc length of 6 . 76 feet to a point for corner at the end of said
tangent curve to the right;
North 82° 06' 21" East a distance of 39.40 feet to a point for corner at the beginning of a
tangent curve to the left;
In a northeasterly direction along said tangent curve to the left whose chord bears
North 56°. 52' 16" East a distance of 21 .32 feet, having a radius of 25.00 feet, a central
angle of 50° 28' 11" and an arc length of 22.02 feet to a point for corner at the end of
said tangent curve to the left and the beginning of a reverse curve to the right;
In a northeasterly direction along said reverse curve to the right curve to the right whose
chord bears North 38° 05' 28" East a distance of 2.25 feet, having a radius of 10.00 feet,
a central angle of 12° 54' 36" and an arc length of 2.25 feet to a point for corner at the
end of said reverse curve to the right;
North 44° 32' 46" East a distance of 21.45 feet to a point for corner at the beginning of a
tangent curve to the right;
In a northeasterly direction along said tangent curve to the right whose chord bears
North 60° 49' 24" East a distance of 22.42 feet, having a radius of 40.00 feet, a central
angle of 32° 33' 14" and an arc length of 22.73 feet to a point for corner at the end of
said tangent curve to the right and the beginning of a reverse curve to the left;
In a northeasterly direction a long said reverse curve to the left whose chord bears
North 60° 31·' 12" East a distance of 22.83 feet, h aving a radius of 40.00 feet, a central
angle of 33° 09' 37" and an a rc length of 23.15 feet to a point for corner at the end of
said reverse curve to the left and the beginning of a compound curve to the left;
In a northeasterly direction alon g sa id compound curve to the left whose chord bears
North 21 o 47' 28" East a distance of 5 .28 feet, having a r adius of 7.00 feet, a central
angle of 44 o 17' 50" and an arc length of 5.41 feet to a point for corner at the end of said
compound curve to the left;
North 00° 21' 27" West a d istance of 11 .77 feet to the POINT OF BEGINNING and
containing 8,925 square feet or 0.205 acres, more or less.
BASIS OF BEARINGS: STATE PLANE COORDINATES, TEXAS NORTH CENTRAL ZONE,
NAD 83 AND UNIVERSITY PARK CONTROL MONUMENT NO. 4.
Drainage and Maintenance Easement -Page 6
SHEET 2 OF 3
26,074X
CURl£
Cl
C2
CJ
C4
C5
DELTA
.~~ ;: c}<o •
, o,~ DALLAS COUNTRY CLUB • z1 ~·· VOL. SIS PC. 647
1Z6 · DRAINAGE EASEME;7T o.R.o.c.r.
B. 9.25 SO. FT.
0 . .205 ACRES
LOTS, BLOCK 1 ·
WINDSOR PARK / VOL. 19. PC. 231
M .R .O.C. T.
LEGEND
1/2 .. /RS / 1/2"1RF MAGNS / MACNF
CMS/CMF
PKF/PKS
M..R.O.C. T..
O.R.O.C. r.
PROPERTY LINE
EASEMENT LINE 1/.2~ IROIV ROO SET/ FOUND
MAG NAIL SET/ FOUND
CHISELED -x-SET / FOUND
PK NAIL SET/ FOUND
MAP RECORDS, DALLAS COUNTY, TEXAS
DEED RECORDS. DALLAS COUNT)'; TEXAS
B A SIS OF BEARINGS: STA TE PLANE COOROINA TE.S. TEXAS NORTH CENTRAL Z ONE; NAO 83 ANO
U NI VERS/TY PARK CONTROL MONUMENT NO. 4.
CON TROLLING MONUMENTS: 1/.2" IRON PIPE
FOUND AT THE NORTHEAST CORNER OF LOT 9,
1/2" IRON ROO FOUND TO· FEET EAST OF THE
NORTHEAST CORNER OF LOT 4, JENKINS
SUBDIVISION. VOL. 4, PAGE 245. DEED RECORDS.
DALLAS COUNTY. TEXAS AND 1" IRON PIPE
FOUND AT THE SOUTHEAST CORNER OF LOT S, WINDSOR PARK. VOLUME 19, PAGE 231 DEED
RECORDS. DALLAS COUNTY. lFXAS
DRAINAGE EASEMENT
RAYMOND L. GOODSON JR., INC.
5445 LA SIERRA, STE 300, LB 17
DALLAS. TX. 75231-4138
214-739-8100
rlg@rlgi.nc. co771.
PART OF ADELE N.
JOHN SCURLOCK SURVEY,
CITY OF UNIVERSITY PARK, , .. .50'
SEYBOLD TRACT
ABSTRACT NO. 1351
DALLAS COUNTY, TEXAS
.3 OF .3
TEXAS PE REG #F-493
TBPLS REG #100341-00 12.3.3.5 12.3.3.5ex4 26,074X
Drainage and Maintenance Easement-Page 7
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/17/2015Agenda
TO:Honorable Mayor and City Council
FROM:Robbie Corder, City Manager
SUBJECT:Consider & Act: Amendment to an agreement between the City of
University Park and the Estate of Adele N. Seybold (3805 McFarlin)
BACKGROUND:
During its October 21st meeting, the City Councilapproved an agreement with the
Estate of Adele N. Seybold to allow the City to proceed with necessary
infrastructure improvements associated with flooding on the 3800 block of
McFarlin near Turtle Creek. Due to an increase in the pool elevation of Turtle
Creek, additional retaining walls are needed to prevent encroachment of the
creek on private property. Under the terms of the agreement, the Estate of Adele
N. Seybold agreed to pay for seventy-five percent (75%) of the construction costs
associated with the retaining walls located on property located at 3805 McFarlin,
up to a maximum of $75,000.
The City has nearly completed the design of the retaining walls, and the Estate
has requested to pay for its portion of the walls at this time. The amendment to
the agreement is reflected in Section 1 of the agreement and states that the
estate’s contribution would now be payable upon execution of the agreement.
RECOMMENDATION:
Staff recommends approval of amendment to this agreement.
Agreement Regarding Improvements 67888
AGREEMENT REGARDING IMPROVEMENTS
THIS AGREEMENT REGARDING IMPROVEMENTS(“Agreement”)is made and entered into
as of the ___ day of _____________ 2015(the “Effective Date”), by and between the Estate of Adele N.
Seybold, by John P. Locke, Executor(“Owner”)and theCityofUniversityPark, a municipal corporation
(the “City”).
RECITALS:
WHEREAS,Ownerowns certain real property located in the City of University Park, Dallas
County, Texas, described asJenkins Subdivision of Tract 3, Lots 1, 2, and 60’ of Lot 3, containing .47
acres, more or less, and commonly known as 3805 McFarlin Boulevard, University Park, Dallas County,
Texas(the “Premises”);
WHEREAS, Ownerand the City desire to jointly construct certain improvements, consisting of a
concrete retaining wall at the edge of the waters of Turtle Creek abuttingthe Premises,betweenthe City
right-of-way of McFarlin Boulevardand the property abutting the Premises on the south,a distance of
approximately 178 feet across where the retaining wall is currently shown on a plat furnished City by
Owner, to an elevation of 528’ Mean Sea Level(“MSL”) (the “Improvements”);and
WHEREAS, the Improvements will protect the Premises and other private and public property
from erosion by the waters of Turtle Creekand provide a means to request removal ofthe Premises from
the 100 year flood plain as currently shown on the Flood Insurance Rate Map adopted by FEMA;and
WHEREAS, Owner and the City entered into an Agreement Regarding Improvements on
October 21, 2014, and this Agreement supersedes that earlier agreement;
NOW, THEREFORE,in consideration of the mutual agreement herein contained, Ownerand the
City covenant and agree as follows:
AGREEMENT:
1.Design and Construction of Improvements; Easements; Paymentof the Costs. The City
shalldesign and construct the Improvementsin accordance with any applicable City construction
standards. The Ownerwill grant the City a temporary construction easementon the Premises as
necessary to construct any part of the Improvements. Upon completion and acceptance of the
Improvements by the City, the temporary construction easementwill terminateand the City will petition
FEMA (and bear the associated expense) to request removal ofthe Premises from the flood plain insofar
as is possible.Owneragreesthat at the time of the execution of this Agreement, he willcontributethe
sum of $75,000.00 to the City, such sum tobe used by the City forthe design and construction of the
Improvements.
2.Turtle Creek Water Level.When the City completes construction of the Improvements, the
static water level of Turtle Creek will be raised from 524.5’MSL to 527’MSL. The City assumes all
responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the
obligation to obtain any permits or consents from regulatory bodies or affected landowners.
Owner will provide City an easement for placement of City equipment used for de-silting the Turtle
Creek pool located south of McFarlin Blvd on the Premises; provided, however, such easement shall be
exclusively within the creek bed of Turtle Creek located on the Premises(for the avoidance of doubt, the
Agreement Regarding Improvements 67888
City shall not be permitted to access or place any equipment on the Premises that is outside of such creek
bed). The City shall bear the cost of all future de-silting operations once the Dam has been completed
and become operational. No silt removed from the creek bed shall be placed on the Premises or other
land owned or acquired in the future by Owner.
3.Safety Matters, Indemnification, Insurance and Risk Transfer.
a.Safety Matters. Each party hereto shall take all safety measures reasonably required to
protect the other party and the property of each from injury or damage caused by or resulting from the
performance of this Agreement.
b.Indemnification. With respect to work to be performed hereunder, the City agrees to
indemnify, defend and hold harmlessOwnerand itsemployees, agents,servants and invitees (the “Owner
Parties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to,
reasonable attorneys’ fees, court costs and other sums which the OwnerParties may pay or become
obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim
or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City,
or its agents,servants and employees, whether such claim or claims, action or actions be for damages,
injury to person or property, including the property of the OwnerParties, or death of any person, made by
any person, group or organization.
c.Insurance or Risk Transfer. During performance of all of its obligations under this
Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to)
maintain in force a policy or policies or a similar Liability Coverage Document written by one or more
responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal
League Intergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability
for bodily injury to and/or damage to property of any person or persons. Moreover, the City will endorse
its PoolLiability Coverage Document to include the Pool's Indemnification Under Contract Endorsement
EL217,with specific reference to this Agreement.The City will also take all steps necessary to make
sure that the Pooladds all necessary classifications to its General Liability schedule of exposures so that
the subject-matter of this Agreement is covered.
4.Miscellaneous Provisions.
a.Amendment. This Agreement may not be modified or amended, except by an agreement
in writing signed by the parties hereto.
b.Entire Agreement. This Agreement constitutes the entire agreement among the parties
pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and
understandings of the parties in connection therewith.
c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more
faxed counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same instrument.
d.Construction. The parties acknowledge that they have had the opportunity to be
represented by counsel in connection with this transaction and that this Agreement shall be interpreted
according to its fair construction and shall not be construed against either party.
Agreement Regarding Improvements 67888
e.Binding Agreement; Assignment. This Agreement shall be binding upon and
inure to thebenefit of the heirs, successors, affiliates, administrators, executors, and permitted
assigns of therespective parties. This Agreement may not be assigned by Owner, except to the
subsequent owners of the Premises, without the prior written consent of the City.
f.Limitation on Liability.It is acknowledged and agreed by the parties that the
terms hereof are not intended to and shall not be deemed to create a partnership or joint venture
among the parties. It is understood and agreed between the parties that Owner, in satisfying the
conditions of this Agreement, hasacted independently, and the City assumes no responsibilities
or liabilities to third parties in connection with these actions. Owneragreesto indemnify and
hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses,
including reasonable attorney’s fees, of any nature whatsoever arising out of Owner’s
performance of the conditions of this Agreement.
g. Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that aregranted and assumed under this Agreement.
h. Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below or on the day
actually received as sent by courier or otherwise hand delivered.
If intended for City, to:
City of University Park
Attn: City Manager
3800 University Blvd.
University Park, Texas 75205
With a copy to:
Robert L. Dillard III
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
If intended for Owner:
Estate of Adele N. Seybold
John P. Locke, Executor
3701 Southwestern Blvd.
University Park, Texas 75225-7222
i.Governing Law. This Agreement shall be governed by the laws of the State of
Texas;and exclusive venue for any action concerning this Agreement shall be in the State
District Court of Dallas County, Texas. The parties agree to submit to the personal and subject
matter jurisdiction of said Court.
j. Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and
Agreement Regarding Improvements 67888
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
k. Survivalof Covenants.Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above
written.
OWNER, ESTATE OF ADELE N. LOCKE
By: John P. Locke, Executor
THE CITY OF UNIVERSITY PARK,TEXAS
By:
Name:
Its:
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/17/2015Agenda
TO:Honorable Mayor and City Council
FROM:Christine Green, City Secretary
SUBJECT:Minutes of the March 3, 2015 City Council Meeting
Minutes of the March 3, 2015City Council Meeting are included for the Council’s review.
City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes - Draft
City Council
5:00 PM Council ChamberTuesday, March 3, 2015
EXECUTIVE SESSION
2:40 - 3:32 P.M. Pursuant to TGC§551.071(2), the City Council met in closed session to
receive confidential legal advice from the City Attorney with regard to the City’s legal
obligation to the Firefighters’ Relief and Retirement Fund (FRRF) and with regard to a
proposed amendment to a pole attachment agreement with Oncor. No action was taken.
Executive Conference Room, 1st Floor, City Hall.
PRE-MEETING WORK SESSION(S)
3:40 - 4:00 P.M. The City Council met in open work session for a presentation by Fire Chief
Randy Howell on emergency management for elected officials. No action was taken. Council
Conference Room, 2nd floor, City Hall.
4:00 - 5:00 P.M. The City Council met in open work session to receive agenda item briefings
from staff. No action was taken. Council Conference Room, 2nd floor, City Hall.
TO SPEAK ON AN AGENDA ITEM
Anyone wishing to address the Council on any item must fill out a green “Request to Speak”
form and return it to the City Secretary. When called forward by the Mayor, before beginning
their remarks, speakers are asked to go to the podium and state their name and address for
the record.
CALL TO ORDERI.
Rollcall
Councilmember Bob Begert, Councilmember Dawn Moore,
Councilmember Tommy Stewart, Councilmember Taylor Armstrong and
Mayor Olin Lane
Present:5 -
INVOCATION: Director of Public Works Bud SmallwoodA.
Page 1City of University Park
March 3, 2015City Council Meeting Minutes - Draft
PLEDGE OF ALLEGIANCE: Director of Public Works Bud Smallwood / Boy
Scouts
B.
Cody Fuller, Bobby Hrncir, and Andrew Stanzel of Troop 82 were present as
part of earning their Citizenship in the Community merit badges. They
assisted Director of Public Works Bud Smallwood, the Mayor and City
Council in leading the Pledge of Allegiance.
INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.C.
INTRODUCTION OF STAFF: City Manager Robbie CorderD.
Staff in attendance included Community Information Officer Steve Mace,
Director of Information Services Dale Harwell, Chief of Police Greg Spradlin,
Director of Public Works Bud Smallwood, Communications Specialist/Deputy
City Secretary Amanda Hartwick, City Secretary Christine Green, Director of
Parks and Recreation Gerry Bradley, Library Director Sharon Martin, Deputy
Director of Public Works Jacob Speer, Fire Chief Randy Howell, Director of
Finance Tom Tvardzik, Purchasing Manager Elizabeth Anderson, Police
Captain Bill Mathes, and Community Development Director Pat Baugh.
Robbie Corder said that Pat Baugh most recently worked for the City of
Rowlett, and welcomed him as the new Community Development Director.
Robbie Corder also recognized Jacob Speer and thanked him for serving
nearly a year as the Interim Community Development Director.
AWARDS AND RECOGNITIONII.
None
CONSENT AGENDAIII.
14-281 Consider award of RFP 2015-03 for Grounds Maintenance.
City Manager Corder said that this is an award of a contract for grounds
maintenance of the City's medians and assorted green spaces. Bare Roots
Landscape Solutions is the low bidder and highest scoring company of the
eight proposals received. Staff recommends awarding this contract to Bare
Roots Landscape Solutions at an annual cost of $109,162.00. The contract
is for a one-year term, with up to four optional renewals.
This contract award was approved.
Page 2City of University Park
March 3, 2015City Council Meeting Minutes - Draft
14-289 Consider a request from Council for Life to conduct a 5K benefit run on
certain city streets.
City Manager Corder said that this is a request from the Council for Life to
hold its annual Run for Life in the City of University Park and on the
Southern Methodist University campus on Saturday, April 4, 2015 from 9:00
a.m. - 10:30 a.m. Race organizers anticipate around 500 participants for the
event. The Police Department recommends approval of this race provided
that no changes are made to the race route and that an off-duty police officer
is hired by the event to assist with traffic at Airline and Dyer.
This request was approved.
14-292 Consider a proposal from O'Brien Engineering to perform an
operation-breach study associated with the proposed collapsible dam
across Turtle Creek.
City Manager Corder said that this is a proposal from O'Brien Engineering to
conduct a two-part hydrologic study that will review the design of the
proposed collapsible dam across Turtle Creek with existing downstream
conditions along the watershed. Data collected will be used to develop
operational parameters for the dam, which the dam manufacturer will use to
establish control systems for operation of the structure.
A second phase of the study will investigate the theoretical downstream
impacts of a failure of the proposed dam.
The proposal from O'Brien Engineering is in the amount of $24,000.
This proposal was approved.
14-291 Consider and act on a request to remove the traffic signal equipment
from the Southwestern and Airline intersection.
This request was removed from the Consent Agenda.
Page 3City of University Park
March 3, 2015City Council Meeting Minutes - Draft
14-296 Consider and act on an ordinance establishing the Over-65 and
Disabled Homestead Exemption amount at $313,000.
City Manager Corder said that this is an ordinance establishing the over-65
and disabled homestead exemption for tax year 2015 (FY2016). The City
Council approves the amount annually and has modified the City’s over-65
and disabled homestead exemption to an amount approximating 25% of the
average single-family home market value established during the previous tax
year.
Last year's exemption was $288,000. This year's exemption is $313,000.
The Finance Advisory Committee reviewed this at their meeting of February
19, 2015, and voted in favor of the exemption increase.
This Ordinance was adopted.
Enactment No: ORD No. 15/005
14-295 Consider approval of the minutes of the February 17, 2015 City
Council Meeting with or without corrections.
The minutes were approved.
Approval of the Consent Agenda
A motion was made by Councilmember Stewart to approve the Consent
Agenda subject to the conditions that (1) for item 14-289 the Council for Life 5K
event organizers do not change the route and that they hire an off-duty
University Park police officer to assist with traffic at Airline and Dyer, and (2) to
remove the item 14-291 from the Consent Agenda for removal of the traffic
signal equipment at Southwestern and Airline subject to more study.
Councilmember Begert seconded the motion to approve the Consent Agenda.
The motion carried by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
MAIN AGENDAIV.
Page 4City of University Park
March 3, 2015City Council Meeting Minutes - Draft
14-293 Consider approval of Public Facilities Naming Committee – Application
Recommendations.
Gerry Bradley said that the Public Facilities Naming Committee
reviewed two applications at its meeting on January 29, 2015. The
reviewed applications include:
·Mayor W. Richard (Dick) Davis
Davis Park - park property located south of Germany Park
·Mary Goodloe
Memorial - located at the new McFarlin Bridge
Gerry Bradley presented photos of the Germany Park Booster Pump
Station park and play area that is proposed to be named in honor of
former Mayor Dick Davis as well as a rendering of a memorial at the
McFarlin Bridge for Mary Goodloe, a teacher in University Park who
died during a flood in May 1995.
A motion was made by Councilmember Armstrong, seconded by
Councilmember Stewart, to approve the recommendations of the Public
Facilities Naming Committee. The motion carried by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
14-294 Consider proposed changes to the University Park Public Library
Meeting Room Policy and Code of Conduct.
Library Director Sharon Martin said that the Library Governance Board has
approved several requested changes to the Meeting Room Policy and to the
Code of Conduct. One proposed change is to specify that the Meeting
Room will not be available for private social events. This change was
proposed due to an increase in the number of reservation requests for such
events. Also, a duplicate in the language about commercial transactions in
the library meeting rooms was eliminated. It was previously in two different
paragraphs. The proposed change moves the language to one prominent
section in the policy.
The proposed change to the Code of Conduct is an addition of language to
prohibit commercial transactions or paid services in the Library.
A motion was made by Councilmember Stewart, seconded by Councilmember
Armstrong, to approve the proposed changes to the Library Meeting Room
Policy and Code of Conduct. The motion carried by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
Page 5City of University Park
March 3, 2015City Council Meeting Minutes - Draft
14-291 Consider and act on a request to remove the traffic signal equipment
from the Southwestern and Airline intersection.
Mayor Lane asked the Council to discuss the request that was removed from
the Consent Agenda to remove the traffic signal equipment from the
Southwestern and Airline intersection. Councilmember Moore asked
Director of Public Works Bud Smallwood about the traffic engineer's study
that was conducted. Mr. Smallwood said that the engineer recommended
that the signal be removed and that he did not predict any adverse affect
from the removal of the signal. Councilmember Stewart made a motion to
refer this item to the Public Safety Advisory Committee for further review.
The motion was seconded by Councilmember Armstrong, and the Council
voted unanimously to refer this item to the Public Safety Advisory
Committee.
Councilmember Stewart made a motion to refer this item to the Public Safety
Advisory Committee for further review. The motion was seconded by
Councilmember Armstrong, and the the motion was approved unanimously.
PUBLIC COMMENTSV.
Anyone wishing to address an item not on the Agenda should do so at this time. Please be
advised that under the Texas Open Meetings Act, the Council cannot discuss or act at this
meeting on a matter that is not listed on the Agenda. However, in response to an inquiry, a
Council member may respond with a statement of specific factual information or a recitation of
existing policy. Other questions or private comments for the City Council or Staff should be
directed to that individual immediately following the meeting.
ADJOURNMENTVI.
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.
Page 6City of University Park
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
3/17/2015Agenda
TO:Honorable Mayor and City Council
FROM:Harry Persaud, MRTPI, AICP, Chief Planning Official
SUBJECT:Public hearing on an ordinance amending the detailed site plan for
Planned Development District, PD-32for a tract of approx. 6.24 acres located at 6601
Turtle Creek Boulevard.
BACKGROUND:
The property owner is requesting approval to amend the detailed site plan for Planned
Development District, PD-32, located at 6601 Turtle Creek Boulevard in order to install a
35 feet flag pole on the site. The subject tract is 6.24 acres and currently the largest
single family lot in the City. The proposed flag pole is located in the side yard facing
Hunters Glen and set back approx. 75 feet fromthe property line and 22 feet west of the
existing home.
Notices were mailed to property owners within 200 feet of the subject site and public
notices were posted in the Park Cities News in compliance with state law and city codes.
A total of twelve property owners were notified and one responded in favor.
RECOMMENDATION:
Planning and Zoning Commission held a public hearing and considered this item on
February 10, 2015 and voted unanimously to recommend approval.
ORDINANCE NO. ___________________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE
AMENDED, BY AMENDINGPLANNED DEVELOPMENT DISTRICT NO. 32FOR THE
PROPERTY DESCRIBED AS LOT 7, BLOCK 7,UNIVERSITY PARK ESTATES
ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS,
BEING A 6.236 ACRE TRACT COMMONLY KNOWN AS 6601 TURTLE CREEK
BOULEVARD; APPROVING AN AMENDEDDETAILED SITE PLAN AUTHORIZING
ERECTION OF A FLAGPOLE; PROVIDINGFOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission of the City of University Park and the
City Council of the City of University Park, in compliance with the laws of the State of Texas with
reference to the granting of zoning classifications and changes, have given the requisite notices by
publication and otherwise, and have held due hearings and afforded a full and fair hearing to all
property owners generally and to all persons interested and situated in the affected area and in the
vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that
said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map
should be amended; NOW,THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.Planned Development District No.32, granted by Ordinance No. 06/16for
the property described as Lot 7,Block 7, University Park EstatesAddition to the City of University
Park, Dallas County, Texas, being a 6.236 acre tract commonly known as 6601 Turtle Creek
Boulevard, as heretofore amended,is hereby further amended in part by approving an amended
detailed site planto authorize a 35 foot flagpole.
SECTION 2.The amended detailed site plan for PD No. 32,attached hereto as Exhibit
“A”, ishereby approved as the detailed site plan for said Planned Development District 32, as
required by Section 17-101 (2)of the Comprehensive Zoning Ordinance of the City of University
Park, Texas. That the Planning and Zoning Commission has reviewedthe amended detailed site
plan.
SECTION 3.The amendmentof Planned Development District No. 32 is subject to the
following additional special conditions:
a.Improvements in this Planned Development District will be constructed in accordance
with the amended detailed site plan attached heretoas Exhibit “A”;and,
b.A detailed landscape plan for the property has previously been approved and is
incorporated by reference herein; and,
c.The amended detailed site plan approved hereby adds a 35 foot flagpole in addition to
other improvements heretofore approved; and,
d.Except as amended hereby, the special conditions of Ordinance No. 06/16, as
heretofore amended,shall remain in full force and effect.
SECTION 4.All ordinances of the City of University Park in conflict with the provisions
of this ordinance are hereby repealed.
SECTION 5.Should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole or any part or provision thereof, other than the part so declared
to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive
Zoning Ordinance and Map as a whole.
SECTION 6.Any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a
misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas,
shall be punished by a fine not to exceed the sum of two thousand dollars($2,000.00) for each
offense, and each and every day any such violation shall continue shall be deemed to constitute a
separate offense.
SECTION 7.This ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day
of ______________2015.
APPROVED:
____________________________________
OLIN B. LANE, MAYOR
APPROVED AS TO FORM:ATTEST:
_______________________________ _______________________________________
CITY ATTORNEY CHRISTINE GREEN, CITY SECRETARY
(RLD/03/02/15;70179)
ORDINANCE NO. ___________________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE
AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 32 FOR THE
PROPERTY DESCRIBED AS LOT 7, BLOCK 7, UNIVERSITY PARK ESTATES
ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS,
BEING A 6.236 ACRE TRACT COMMONLY KNOWN AS 6601 TURTLE CREEK
BOULEVARD; APPROVING AN AMENDED DETAILED SITE PLANAUTHORIZING
ERECTION OF A FLAGPOLE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR APENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day
of ____________ 2015.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
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City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes
Planning and Zoning Commission
5:00 PM Council Chamber Tuesday, February 10, 2015
Page 1 City of University Park
4:00 - 5:00 PM - Work Session for Agenda Review
The work session was opened at 4:00 PM. Mr. Harry Persaud announced to the
Commission that case 15-002 for HPISD has been rescheduled for the March
Planning and Zoning Meeting. He also announced that the applicants for the
Legacy Hillcrest case are interested in coming back to Planning and Zoning for
consideration. There is no meeting date set at this time.
Mr. Persaud then began a PowerPoint presentation for case 15-001. He explained
that the applicant, Lang Partners, will be leasing the land from the owners,
InterCity Investment Inc, for the proposed multi-family development. The
PowerPoint went into detail regarding the proposed site plan and included
comparison chart of the current PD standards and the proposed PD amendments.
The primary change to the PD includes a decrease of 41% in density, reducing the
number of allowed units from 88 to 52. This change in turn decreases the number
of required parking spaces from 202 to 118. The current PD allows for
underground parking, but the amended site plan would include all parking at
grade-level. Mr. Persaud then explained in detail a request from the developer to
abandon the alley right-of-way within the PD. He stated that the right-of-way would
be abandoned and aquired by the developer so stamped concrete could be
installed along these areas. The developer would then give back an easement to
the city for utilities and access. The alley would continue to be a public
thoroughfare, but the abandonment would essentially require that the developer
be responsible for maintenance of the stamped concrete. Mr. Persaud then briefed
the Commission on the landscaping plan for the proposed site. A total of seven
existing trees are being retained. A discussion ensued regarding the types of
replacement trees that would be planted on the site. Mr. Persaud then explained
that anything not addressed by the PD, would defer to the standard multi-family
zoning. A total of 86 notices were mailed. City staff received 14 responses to the
proposed PD amendment including 5 in favor, 8 opposed, and 1 undecided.
Mr. Persaud then began a brief PowerPoint presentation for case 15-003. He gave
an overview of the site, including location of the proposed 35-foot flagpole. The
proposed flagpole would be set back 75 feet from the property line. A toal of 12
notices were mailed. City staff received just one response in favor of the PD
amendment.
Ms. Hartwick announced that a correction had been found in last meeting's
minutes. The minutes have been updated to reflect those members of the
Commission that were seated in the audience and not voting.
No action was taken. The work session was subsequently closed, and those in
attendance moved to Council Chamber for the public hearing.
February 10, 2015 Planning and Zoning Commission Meeting Minutes
Commissioner Jerry Jordan, Commissioner Blair Mercer, Commissioner John
Walsh III, and Commissioner Charlie Little
Seated: 4 -
Staff in Attendance
Harry Persaud, Chief Planning Official
Jacob Speer, Acting Community Development Director
Amanda Hartwick, Planning Technician
Rob Dillard, City Attorney
Following, opening of the meeting, Chairman West announced that case 15-002 had been pulled
from the agenda, and would be brought back to the March Planning & Zoning Meeting.
The Planning and Zoning Commission of the City of University Park will conduct a public hearing in
the Council Chamber. Consideration will be given to the following item(s):
PZ 15-003 Hold a public hearing and consider a request by RL Goodson representing
property owner Gerald Ford, for approval to amend the detailed site plan for
Planned Development District, PD-32, to add a 35 feet flagpole to the site.
Mr. Harry Persaud approached the podium to address the Commission. He
explained that the proposed flagpole would be in the sideyard facing Hunters
Glen. He added that staff recommends approval.
A motion was made by Commissioner Aldredge, seconded by Commissioner Farley,
that this PD Amendment be recommended for approval. The motion carried by a
unanimous vote.
Page 2 City of University Park
Chairman Bob West, Commissioner Mark Aldredge, Commissioner Doug
Roach, Commissioner Liz Farley, and Commissioner Neil Harris
Introduction of Commission Members
Present: 5 -
February 10, 2015 Planning and Zoning Commission Meeting Minutes
PZ 15-001 Hold a pubic hearing and consider a request by Winstead PC
representing Lang Partners, LLC, to amend Planned Development District,
PD-33 and approval of a PD detailed site plan to allow for 52 multi family
units on a tract of approx. 2.98 acres more or less including certain
alleyway right of ways.
Chairman West opened the floor for city staff presentation. Mr. Persaud stated that
there were three representatives present for the applicant including Tommy Mann
of Winstead PC, Carl Malcolm of JHP Architects, and John Ausburn of Lang
Partners. He reiterated that 86 notices were mailed and the following responses
were received: 5 in favor, 8 opposed, and 1 undecided. He added that a lengthy
PowerPoint presentation was given during the work session, prior to the public
hearing. Mr. Persaud then turned the floor over to the applicant.
Mr. Tommy Mann approached the podium and explained the history of the
proposed site. The current development, Park Lane Apartments, has been on the
site since the 1940's and is comprised of 91 units. In 2006, the PD was amended
to allow building of 88 units on the site. The proposed amendment would be a
reduction to 52 units. Mr. Mann expressed that the proposed development would
be a major upgrade to what is currently there.
Mr. John Ausburn then approached the podium. He stated that he has lived in
University Park for 25 years. He explained a brief history of the developer, Lang
Partners. He then explained why Lang Partners was asking for the amendment,
stating that they felt the current approved plans for large buildings on the site did
not match the characteristic of the neighborhood. In his opinion, the smaller
proposed buildings would be a better fit. He added that the development is an
opportunity for a professionally managed multi-family residence which is not
typical of the area. He expressed the intent of Lang Partners to own the
development long-term, so that it would always be a rental property and would not
be sold off as condos.
Mr. Carl Malcolm then approached the podium. He explained that the buildings
were designed to appear like single-family structures to better match the look of
the neighborhood. He showed the proposed elevations that were presented
during the work session. He reiterated that 7 trees would be retained on the site.
Chairman West asked if any of the units would have elevators. Mr. Malcolm replied
that 2 units were designed with elevators to allow for handicap access.
Chairman West then opened the floor for questions from the audience.
Chris Clark of 4106 Lovers Ln approached the podium. She asked for information
about underground parking on the site. Mr. Malcolm replied that the proposed
development will have no underground parking.
Sid Gray of 4132 and 4134 Hyer approached the podium. She asked for
information about the size of the units. Mr. Malcolm replied that there would
Page 3 City of University Park
February 10, 2015 Planning and Zoning Commission Meeting Minutes
be 14 one-bedroom units, 24 two-bedroom units, and 14 three-bedroom units. Ms.
Gray then asked for more information about parking as it related to additional
vehicles that might be present from driving-age kids. Mr. Malcolm explained that
there is additional public parking on Hyer, and added that some units have tandem
parking. Mr. Mann further explained that the proposed development has met all of
the parking requirements per city ordinance, which in this case totals 118 spaces
required.
The public hearing was then closed. Commission Farley expressed her concern
with the caliper size of the trees that are proposed on the landscape plan, as she
would like to see larger trees if possible. Mr. Malcolm replied that he could consult
the landscape architect to see if there are additional options.
Susan Russell of 4146 Hyer then asked for additional information about the
proposed alley abandonment. Mr. Malcom replied that the intent of the developer
is to upgrade the alley and make it appear more like a motorcourt, but that the
public would still be able to utilize the alley.
A motion was made by Commissioner Roach, seconded by Commissioner
Aldredge, that this PD Amendment be recommended for approval. The motion
carried by a unanimous vote.
Consider the previous meeting minutes with or without corrections:
14-274 Minutes of the December 9, 2014 Planning and Zoning Commission
Meeting
A motion was made by Commissioner Aldredge, seconded by Commissioner Harris,
that the Minutes be approved as amended. The motion carried by a unanimous vote.
Adjournment
With their being no further business before the Commission, Chairman West
adjourned the meeting at 5:25 PM.
Approved by:
________________________ ________________
Chairman Robert H. West Date
Page 4 City of University Park
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8405773C\@BCL@8405773C.docx 5:49 PM 03/12/15
AGENDA MEMO
3/17/2015Agenda
TO:Honorable Mayor and City Council
FROM:Harry Persaud, MRTPI, AICP, Chief Planning Official
SUBJECT:Public hearing on an ordinance amending the detailed site plan for
Planned Development District, PD-32for a tract of approx. 6.24 acres located at 6601
Turtle Creek Boulevard.
BACKGROUND:
The property owner is requesting approval to amend the detailed site plan for Planned
Development District, PD-32, located at 6601 Turtle Creek Boulevard in order to install a
35 feet flag pole on the site. The subject tract is 6.24 acres and currently the largest
single family lot in the City. The proposed flag pole is located in the side yard facing
Hunters Glen and set back approx. 75 feet fromthe property line and 22 feet west of the
existing home.
Notices were mailed to property owners within 200 feet of the subject site and public
notices were posted in the Park Cities News in compliance with state law and city codes.
A total of twelve property owners were notified and one responded in favor.
RECOMMENDATION:
Planning and Zoning Commission held a public hearing and considered this item on
February 10, 2015 and voted unanimously to recommend approval.
ORDINANCE NO. ___________________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE
AMENDED, BY AMENDINGPLANNED DEVELOPMENT DISTRICT NO. 32FOR THE
PROPERTY DESCRIBED AS LOT 7, BLOCK 7,UNIVERSITY PARK ESTATES
ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS,
BEING A 6.236 ACRE TRACT COMMONLY KNOWN AS 6601 TURTLE CREEK
BOULEVARD; APPROVING AN AMENDEDDETAILED SITE PLAN AUTHORIZING
ERECTION OF A FLAGPOLE; PROVIDINGFOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission of the City of University Park and the
City Council of the City of University Park, in compliance with the laws of the State of Texas with
reference to the granting of zoning classifications and changes, have given the requisite notices by
publication and otherwise, and have held due hearings and afforded a full and fair hearing to all
property owners generally and to all persons interested and situated in the affected area and in the
vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that
said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map
should be amended; NOW,THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.Planned Development District No.32, granted by Ordinance No. 06/16for
the property described as Lot 7,Block 7, University Park EstatesAddition to the City of University
Park, Dallas County, Texas, being a 6.236 acre tract commonly known as 6601 Turtle Creek
Boulevard, as heretofore amended,is hereby further amended in part by approving an amended
detailed site planto authorize a 35 foot flagpole.
SECTION 2.The amended detailed site plan for PD No. 32,attached hereto as Exhibit
“A”, ishereby approved as the detailed site plan for said Planned Development District 32, as
required by Section 17-101 (2)of the Comprehensive Zoning Ordinance of the City of University
Park, Texas. That the Planning and Zoning Commission has reviewedthe amended detailed site
plan.
SECTION 3.The amendmentof Planned Development District No. 32 is subject to the
following additional special conditions:
a.Improvements in this Planned Development District will be constructed in accordance
with the amended detailed site plan attached heretoas Exhibit “A”;and,
b.A detailed landscape plan for the property has previously been approved and is
incorporated by reference herein; and,
c.The amended detailed site plan approved hereby adds a 35 foot flagpole in addition to
other improvements heretofore approved; and,
d.Except as amended hereby, the special conditions of Ordinance No. 06/16, as
heretofore amended,shall remain in full force and effect.
SECTION 4.All ordinances of the City of University Park in conflict with the provisions
of this ordinance are hereby repealed.
SECTION 5.Should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole or any part or provision thereof, other than the part so declared
to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive
Zoning Ordinance and Map as a whole.
SECTION 6.Any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a
misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas,
shall be punished by a fine not to exceed the sum of two thousand dollars($2,000.00) for each
offense, and each and every day any such violation shall continue shall be deemed to constitute a
separate offense.
SECTION 7.This ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day
of ______________2015.
APPROVED:
____________________________________
OLIN B. LANE, MAYOR
APPROVED AS TO FORM:ATTEST:
_______________________________ _______________________________________
CITY ATTORNEY CHRISTINE GREEN, CITY SECRETARY
(RLD/03/02/15;70179)
ORDINANCE NO. ___________________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE
AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 32 FOR THE
PROPERTY DESCRIBED AS LOT 7, BLOCK 7, UNIVERSITY PARK ESTATES
ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS,
BEING A 6.236 ACRE TRACT COMMONLY KNOWN AS 6601 TURTLE CREEK
BOULEVARD; APPROVING AN AMENDED DETAILED SITE PLANAUTHORIZING
ERECTION OF A FLAGPOLE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR APENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day
of ____________ 2015.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
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City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes
Planning and Zoning Commission
5:00 PM Council Chamber Tuesday, February 10, 2015
Page 1 City of University Park
4:00 - 5:00 PM - Work Session for Agenda Review
The work session was opened at 4:00 PM. Mr. Harry Persaud announced to the
Commission that case 15-002 for HPISD has been rescheduled for the March
Planning and Zoning Meeting. He also announced that the applicants for the
Legacy Hillcrest case are interested in coming back to Planning and Zoning for
consideration. There is no meeting date set at this time.
Mr. Persaud then began a PowerPoint presentation for case 15-001. He explained
that the applicant, Lang Partners, will be leasing the land from the owners,
InterCity Investment Inc, for the proposed multi-family development. The
PowerPoint went into detail regarding the proposed site plan and included
comparison chart of the current PD standards and the proposed PD amendments.
The primary change to the PD includes a decrease of 41% in density, reducing the
number of allowed units from 88 to 52. This change in turn decreases the number
of required parking spaces from 202 to 118. The current PD allows for
underground parking, but the amended site plan would include all parking at
grade-level. Mr. Persaud then explained in detail a request from the developer to
abandon the alley right-of-way within the PD. He stated that the right-of-way would
be abandoned and aquired by the developer so stamped concrete could be
installed along these areas. The developer would then give back an easement to
the city for utilities and access. The alley would continue to be a public
thoroughfare, but the abandonment would essentially require that the developer
be responsible for maintenance of the stamped concrete. Mr. Persaud then briefed
the Commission on the landscaping plan for the proposed site. A total of seven
existing trees are being retained. A discussion ensued regarding the types of
replacement trees that would be planted on the site. Mr. Persaud then explained
that anything not addressed by the PD, would defer to the standard multi-family
zoning. A total of 86 notices were mailed. City staff received 14 responses to the
proposed PD amendment including 5 in favor, 8 opposed, and 1 undecided.
Mr. Persaud then began a brief PowerPoint presentation for case 15-003. He gave
an overview of the site, including location of the proposed 35-foot flagpole. The
proposed flagpole would be set back 75 feet from the property line. A toal of 12
notices were mailed. City staff received just one response in favor of the PD
amendment.
Ms. Hartwick announced that a correction had been found in last meeting's
minutes. The minutes have been updated to reflect those members of the
Commission that were seated in the audience and not voting.
No action was taken. The work session was subsequently closed, and those in
attendance moved to Council Chamber for the public hearing.
February 10, 2015 Planning and Zoning Commission Meeting Minutes
Commissioner Jerry Jordan, Commissioner Blair Mercer, Commissioner John
Walsh III, and Commissioner Charlie Little
Seated: 4 -
Staff in Attendance
Harry Persaud, Chief Planning Official
Jacob Speer, Acting Community Development Director
Amanda Hartwick, Planning Technician
Rob Dillard, City Attorney
Following, opening of the meeting, Chairman West announced that case 15-002 had been pulled
from the agenda, and would be brought back to the March Planning & Zoning Meeting.
The Planning and Zoning Commission of the City of University Park will conduct a public hearing in
the Council Chamber. Consideration will be given to the following item(s):
PZ 15-003 Hold a public hearing and consider a request by RL Goodson representing
property owner Gerald Ford, for approval to amend the detailed site plan for
Planned Development District, PD-32, to add a 35 feet flagpole to the site.
Mr. Harry Persaud approached the podium to address the Commission. He
explained that the proposed flagpole would be in the sideyard facing Hunters
Glen. He added that staff recommends approval.
A motion was made by Commissioner Aldredge, seconded by Commissioner Farley,
that this PD Amendment be recommended for approval. The motion carried by a
unanimous vote.
Page 2 City of University Park
Chairman Bob West, Commissioner Mark Aldredge, Commissioner Doug
Roach, Commissioner Liz Farley, and Commissioner Neil Harris
Introduction of Commission Members
Present: 5 -
February 10, 2015 Planning and Zoning Commission Meeting Minutes
PZ 15-001 Hold a pubic hearing and consider a request by Winstead PC
representing Lang Partners, LLC, to amend Planned Development District,
PD-33 and approval of a PD detailed site plan to allow for 52 multi family
units on a tract of approx. 2.98 acres more or less including certain
alleyway right of ways.
Chairman West opened the floor for city staff presentation. Mr. Persaud stated that
there were three representatives present for the applicant including Tommy Mann
of Winstead PC, Carl Malcolm of JHP Architects, and John Ausburn of Lang
Partners. He reiterated that 86 notices were mailed and the following responses
were received: 5 in favor, 8 opposed, and 1 undecided. He added that a lengthy
PowerPoint presentation was given during the work session, prior to the public
hearing. Mr. Persaud then turned the floor over to the applicant.
Mr. Tommy Mann approached the podium and explained the history of the
proposed site. The current development, Park Lane Apartments, has been on the
site since the 1940's and is comprised of 91 units. In 2006, the PD was amended
to allow building of 88 units on the site. The proposed amendment would be a
reduction to 52 units. Mr. Mann expressed that the proposed development would
be a major upgrade to what is currently there.
Mr. John Ausburn then approached the podium. He stated that he has lived in
University Park for 25 years. He explained a brief history of the developer, Lang
Partners. He then explained why Lang Partners was asking for the amendment,
stating that they felt the current approved plans for large buildings on the site did
not match the characteristic of the neighborhood. In his opinion, the smaller
proposed buildings would be a better fit. He added that the development is an
opportunity for a professionally managed multi-family residence which is not
typical of the area. He expressed the intent of Lang Partners to own the
development long-term, so that it would always be a rental property and would not
be sold off as condos.
Mr. Carl Malcolm then approached the podium. He explained that the buildings
were designed to appear like single-family structures to better match the look of
the neighborhood. He showed the proposed elevations that were presented
during the work session. He reiterated that 7 trees would be retained on the site.
Chairman West asked if any of the units would have elevators. Mr. Malcolm replied
that 2 units were designed with elevators to allow for handicap access.
Chairman West then opened the floor for questions from the audience.
Chris Clark of 4106 Lovers Ln approached the podium. She asked for information
about underground parking on the site. Mr. Malcolm replied that the proposed
development will have no underground parking.
Sid Gray of 4132 and 4134 Hyer approached the podium. She asked for
information about the size of the units. Mr. Malcolm replied that there would
Page 3 City of University Park
February 10, 2015 Planning and Zoning Commission Meeting Minutes
be 14 one-bedroom units, 24 two-bedroom units, and 14 three-bedroom units. Ms.
Gray then asked for more information about parking as it related to additional
vehicles that might be present from driving-age kids. Mr. Malcolm explained that
there is additional public parking on Hyer, and added that some units have tandem
parking. Mr. Mann further explained that the proposed development has met all of
the parking requirements per city ordinance, which in this case totals 118 spaces
required.
The public hearing was then closed. Commission Farley expressed her concern
with the caliper size of the trees that are proposed on the landscape plan, as she
would like to see larger trees if possible. Mr. Malcolm replied that he could consult
the landscape architect to see if there are additional options.
Susan Russell of 4146 Hyer then asked for additional information about the
proposed alley abandonment. Mr. Malcom replied that the intent of the developer
is to upgrade the alley and make it appear more like a motorcourt, but that the
public would still be able to utilize the alley.
A motion was made by Commissioner Roach, seconded by Commissioner
Aldredge, that this PD Amendment be recommended for approval. The motion
carried by a unanimous vote.
Consider the previous meeting minutes with or without corrections:
14-274 Minutes of the December 9, 2014 Planning and Zoning Commission
Meeting
A motion was made by Commissioner Aldredge, seconded by Commissioner Harris,
that the Minutes be approved as amended. The motion carried by a unanimous vote.
Adjournment
With their being no further business before the Commission, Chairman West
adjourned the meeting at 5:25 PM.
Approved by:
________________________ ________________
Chairman Robert H. West Date
Page 4 City of University Park
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@84057B4B\@BCL@84057B4B.docx 5:49 PM 03/12/15
AGENDA MEMO
3/17/2015Agenda
TO:Honorable Mayor and City Council
FROM:Harry Persaud, MRTPI, AICP, Chief Planning Official
SUBJECT:Public hearing on an ordinance amending the detailed site plan for
Planned Development District, PD-33 for a tract of approx. 2.98acres located south of
Lovers and west of Preston Road.
BACKGROUND:
The existing “Park Lane Apartments” constructed in 1940, compriseof 91 units which
are containedin four separate buildings and situated north of Grassmere, south of Lovers
and west of Preston Road. City Council approved of a change of zoning from MF-2 to
Planned Development District, PD-33 in August 2006. The current PD allows for a
maximum of 88 units, comprising of 18 one bedroomunits,44 two bedroom units and 26
two bedroom/den units, allwith a maximum building height of 47 feet.
The subject tract isowned by Intercity Investments Inc.,represented Winstead PC, with
Lang Partners,LLC requesting the proposed zoning amendment to construct 52 units on
the subject site. The proposed multifamily development complies with the approved
plate lineand building heightsand reducesthe overall development density by 41%.
The amended detailed site plan with specific development standards relating to parking,
utility services, drainage and landscape plans are attached.
In order to facilitate the proposed development asperdesign shown on the detailed site
plan,the developer is proposing to purchase the Alleyway right-of-ways located between
Lovers and Hyer and between Hyer and Grassmere. The developer will then grant the
City a 16 feet public access andutility easement to allow for maintenance of utilities and
provide for unrestricted public access at all times.
Notices were mailed to property owners within 200 feet of the subject site and public
notices were posted in the Park Cities News in compliance with state law and city codes.
A total of 15 property owners responded (attached) with 8 opposed, 6in favor and 1
undecided.
RECOMMENDATION:
Planning and Zoning Commission held a public hearing and considered this item on
February 10, 2015 and voted unanimously to recommend approval.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,
AMENDING THE COMPREHENSIVE ZON1NG ORDINANCE AND MAP
OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED,
SO AS TO AMEND THE DETAILED SITE PLAN FOR PLANNED
DEVELOPMENT DISTRICT 33 “PD-33”, ATTACHED HERETO AS
EXHIBIT “B”FOR THE PROPERTY DESCRIBED AS LOTS 9-11 AND 18-
20,BLOCK 1,AND LOTS 7-11 AND 18-22,BLOCK 2,TROTH AND
BOSWELL SUBDIVISION,AN ADDITTON TO THE CITY OF UNIVERSITY
PARK,DALLAS COUNTY,TEXAS,MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"ATTACHED HERETO;PROVIDING SPECIAL
CONDITIONS;PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT;PROVIDING A SEVERABILTY CLAUSE;PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,thePlanningandZoningCommission of the City of
University Park andtheCityCounciloftheCityof UniversityPark,in
compliancewiththelawsofthe State of Texaswithreferencetothegrantingofzoning
classificationsand changes havegiventhe requisitenoticesbypublicationand
otherwise,andhaveheldduehearingsandafforded a full and fair hearing to all
property owners generally and to allpersons interested and situatedintheaffectedarea
andinthevicinitythereof,andtheCity CounciloftheCityof UniversityParkisof
theopinionandfindsthatsaid zoningchangeshouldbegrantedand that the
Comprehensive ZoningOrdinance andMap should be amended; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK,TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map are hereby
amended so as to approve an amended detailed site plan for the property
described as Lots 9-ll and 18-20,Block 1,and Lots 7-11 and 18-22,Block 2,Troth
and Boswell Subdivision,an addition to the City of University Park,Dallas County,
Texas,more particularly described in Exhibit “A” attached
hereto, Planned Devel opment District No. 33“PD-33”,for amulti-family
development.
SECTION2. That the amended detailed site plan,attached hereto collectively as
Exhibit "B", is hereby approved as the detailed site plan for said PD-33 as required by
Section 17-101 (2) of the Comprehensive Zoning Ordinance of the City of University
Park, Texas, subject to the following special conditions:
a.Thepropertyshallbedevelopedonlyinconformancewiththe
requirementsofthe PlannedDevelopmentordinanceas amended hereby andthe
approved amended detailedsiteplan ;
b.Thepropertymaybeusedformultifamilydwelling usesonly, as
provided by the zoning ordinance;
c.The development may include no more than 52 dwelling units,all with a
minimum of 9'ceilings,with14onebedroom,1.5bath units, 24twobedroom, 2.5bath
units,and14threebedroom, 2.5bath units. This configurationmay be altered during
construction, plus or minus 2 of each type unit, byapprovaloftheDirector of
Community Development. The developmentshallprovide118off-streetparking
spaces, with not less than 2 spaces for each unit or 1 space for each bedroom, whichever is
greater, plus10parkingspacesat gradeon the site and located along the north-south
commercialalley, reserved for commercial uses located on the west side of Preston Road
and not included in the parking calculations for this PD-33.Thebuildingsshallnot
exceed47feetinheight,norhaveatopplateline heightexceeding38feet8inches.
The minimum building setback from a public street shall be 25 feet from the property line.
The minimum setback from a garage door to the opposite side of the pavementshall be 21
feet, with a minimum of 5 feet radius for a drivewayapproach, as shown on the approved
detailed site plan. The maximum width for balconies and bay windows shall be 16 feet.
A leasing office and swimming pool are to be located near the northeast corner of the
property. All external facades shall be constructed with a minimum of 80% masonry
materialwith a minimum thickness of three and a half inches;
d.Thedevelopershallberesponsibleforupgrading and extending water
and sanitary sewer lines in accordance with the approved detailed site plan. Developer
will request the City Council to abandon the existing alleysbetween Lovers Lane and
Hyer and between Hyer and Grassmere, provided the developer will grantby plata 16’
defined publicaccess and utility easement along each of the alleys to accommodatethe
City’scommercialsanitationvehicles,provide adequateturningradiifor garbage pickup,
and for the retention and future maintenance of utilities. The developer shall be
responsible for the paving and full maintenance of the public access and utility easements;
e.Detailedcivilplansfor the paving of the north-south commercial alley,
paving of the public access and utility easements, installation and extensionof utilities,
including vaults, meters and taps, and location of fire hydrants mustbesubmittedforstaff
engineeringreviewand approval by the Director of Public Works before issuance of a
building permit. Mechanical, electrical, and plumbing plans must be stamped and signed
byaTexas RegisteredProfessionalEngineer;
f.The development shall besubject to the approved landscape plan,
attachedaspartofthedetailed siteplan. The plan requires retention of 7 existingtrees
and a total of 183 new canopy and mid-story trees to be installed in accordance with the
included planting schedule. Shrubs,vinesand ground coverwill be installed in
accordance with the planting schedule;
g.Waste and recycling shall be collected from each unit and deposited in
appropriate dumpsters by the property’smanagement. Five recycling dumpsters and six
waste dumpsters shall be provided at the locations indicated on the detailed site plan. The
Director of Public Works may authorize deviations from the detailed site plan if necessary
for the provision of waste and recycling services to the property;
h.Permeable coverage calculations are shown on the detailed site plan as
63%, including certain areas which are to be engineered with a substrate base and covered
with pavers. Paved areas must be confinedwith a reinforcedconcrete curb or a reinforced
concrete edge as shown on the detailed site plan and constructed in accordance with the
approved drawings to insure maximum permeability;
i.All external light fixtures shall be fitted with a cut-off luminaire so that
illumination shall not exceed0.5 foot-candles when measured 3feet above grade at the
property line;
j.Except as otherwise provided by this ordinance or the approved
amended detailedsite plan made a part hereof, the area regulations applicable to the MF-3
District shall apply to the development.
SECTION 3.All ordinances of the City of University Park in conflict with the provisions
of this ordinance are hereby repealed.
SECTION 4.That should any sentence, paragraph, subdivision, clause, phrase Or section
of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby,
be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole or anypart or provision thereof other than the part so
declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION5.Thatanyperson,firmorcorporationviolatinganyoftheprovisionsof
thisordinanceorthe ComprehensiveZoning OrdinanceandMap,asamended hereby,
shallbedeemedguiltyofamisdemeanorand,uponconviction.inthemunicipalcourtof
theCityofUniversity Park,Texas,shallbepunishedbyafinenottoexceedthe sum
oftwo thousand dollars ($2,000.00)for each offense,and each and every day any
such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6.That this ordinance shall take effect immediately from and after its
passage and the publication of the caption,as the law and Charter in such cases
provide.
DULYPASSED bytheCityCouncil oftheCity ofUniversityPark,Texas,onthe
_____day of _______________2015.
APPROVED:
OLIN B. LANE, MAYOR
ATTEST:
CHRISTINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(RLD/03-02-15/70184)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,
AMENDING THE COMPREHENSIVE ZON1NG ORDINANCE AND MAP
OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED,
SO AS TO AMEND THE DETAILED SITE PLAN FOR PLANNED
DEVELOPMENT DISTRICT 33 “PD-33”, ATTACHED HERETO AS
EXHIBIT “B”,FOR THE PROPERTY DESCRIBED AS LOTS 9-11 AND 18-
20,BLOCK 1,AND LOTS 7-11 AND 18-22,BLOCK 2,TROTH AND
BOSWELL SUBDIVISION,AN ADDITTON TO THE CITY OF UNIVERSITY
PARK,DALLAS COUNTY,TEXAS,MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"ATTACHED HERETO;PROVIDING SPECIAL
CONDITIONS;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT;PROVIDING A SEVERABILTY 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.
Duly passed by the City Council of the City of University Park, Texas, on the ___day
of _______________2015.
APPROVED:
OLIN B. LANE, MAYOR
ATTEST:
CHRISTINE GREEN, CITY SECRETARY
OWNER'S DESCRIPTION
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS INTERCITY INVESTMENTS, INC. is the owner of a 1.127 acre (49,077 sq. ft.) tract of land (TRACT
1) and a 1.857 acre (80,883 sq. ft.) tract of land (TRACT 2) situated in the S. Popplewell Survey, Abstract
No. 1145, Dallas County, Texas;
TRACT 1 being all of Lots 9, 10, 11, 18, 19 and 20 of Troth & Boswell's 2nd Resubdivision of Lots 9 to 20,
Inclusive, Block 1 of Preston Heights Addition as recorded in Volume 5, Page 373, Map Records, Dallas
County, Texas (M.R.D.C.T.), and being more particularly described as follows:
BEGINNING at an "x" cut in concrete found for corner in the south line of Lovers Lane (a 75 foot width
right-of-way), said "x" being the northeast corner of said Lot 11 and the northwest corner of an alley;
THENCE South, traveling along the common line between said Lot 11 and said alley, passing the southeast
corner of said Lot 11 at a distance of 135.00 feet and continuing for a total distance of 280.44 feet to an
"x" cut in concrete found for corner in the north line of Hyer Street (a 50 foot width right-of-way), said "x"
being the southeast corner of aforementioned Lot 18;
THENCE South 89°56'00" West, traveling along the common line between said Lot 18 and said Hyer Street,
passing the southwest corner of said Lot 18 at 60.00 feet and continuing for a total distance of 175.00 feet
to a 1/2 inch iron rod with orange plastic cap stamped "P&C 100871" found for corner, said rod being the
southwest corner of aforementioned Lot 20, said rod also being the southeast corner of a tract of land
known as Lot 22A of Halsells Addition as recorded in Instrument Number 201200168184, Official Public
Records, Dallas County, Texas (O.P.R.D.C.T.);
THENCE North, departing said Hyer Street and traveling along the common line between said Lot 20 and
said Lot 22A, passing the northwest corner of said Lot 20 and the northeast corner of said Lot 22A at a
distance of 135.00 feet and continuing a total distance of 280.44 feet to an "x" cut in concrete found for
corner in the south line of aforementioned Lovers Lane, said "x" being the northwest corner of
aforementioned Lot 9; said "x" also being the northeast corner of a tract of land known as Lot 8 of 4125
Lovers Lane Condominiums as recorded in Volume 2003034, Page 71, Plat Records, Dallas County, Texas;
THENCE North 89°56'00" East, traveling along the common between said Lot 9 and said Lovers Lane,
passing the northeast corner of said Lot 9 at 57.50 feet and continuing for a total distance of 175.00 feet
to the POINT OF BEGINNING and containing 1.127 acres or 49,077 square feet of land, more or less.
TRACT 2 being all of Lots 7, 8, 9, 10, 11, 18, 19, 20, 21 and 22 of John S. Troth Subdivision of Lots 7 to 22,
Inclusive, Block 2 of Preston Heights Addition as recorded in Volume 5, Page 443, M.R.D.C.T., save and
except a strip of land 6 feet wide off the entire east side of Lots 11 and 18, and being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod with orange plastic cap stamped "P&C 100871" found for corner in the
north line of Grassmere Street (a 50 foot width right-of-way) found for corner, said rod being the
southeast corner of said Lot 18 and the southwest corner of an alley;
THENCE South 89°56'00" West, traveling along the common line between said Lot 18 and said Grassmere
Street, passing the southwest corner of said Lot 18 at a distance of 49.00 feet and continuing for a total
distance of 269.00 feet to an "x" cut in concrete found for corner, said "x" being the southwest corner of
aforementioned Lot 22, said "x" also being the southeast corner of a tract of land known as 4132-4134
Grassmere Condominiums as recorded in Instrument Number 20080171177, O.P.R.D.C.T.;
THENCE North, departing said Grassmere Street and traveling along the common line between said Lot
22 and said Grassmere Condominiums, passing the northwest corner of said Lot 22 and the northeast
corner of said Grassmere Condominiums at a distance of 142.85 feet and continuing a total distance of
300.68 feet to a 1/2 inch iron rod with orange plastic cap stamped "P&C 100871" found for corner in the
south line of Hyer Street (a 50 foot width right-of-way), said rod being the northwest corner of
aforementioned Lot 7; said rod also being the northeast corner of a tract of land conveyed to Hyer One
Ltd by deed recorded in Instrument Number 200600145499, O.P.R.D.C.T.;
THENCE North 89°56'00" East, traveling along the common between said Lot 7 and said Hyer Street,
passing the northeast corner of said Lot 7 at 55.00 feet and continuing for a total distance of 269.00 feet
to a 1/2 inch iron rod with orange plastic cap stamped "P&C 100871" found for corner, said rod being the
northeast corner of aforementioned Lot 11, said rod also being in the west line of an alley;
THENCE South, traveling along the common line between said Lot 11 and said alley, passing the southeast
corner of said Lot 11 at a distance of 142.85 feet and continuing for a total distance of 300.68 feet to the
POINT OF BEGINNING and containing 1.857 acres or 80,883 square feet of land, more or less.
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