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HomeMy WebLinkAboutAgenda 1-27-04 Names TabA G E N D A #2403 CONTINUED CITY COUNCIL MEETING FROM JANUARY 20, 2004 CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JANUARY 27, 2004 AT 5:00 P.M. 4:00 P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION – Councilmember Jim R oberts II. INTRODUCTION OF STAFF – City Manager Bob Livingston III. AWARDS AND REQUESTS FROM CITIZENS IV. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Question s and comments regarding Main Agenda items may be made when that item is addressed by the City Council. V. CONSENT AGENDA A. CONSIDER: Ordinance modifying section of Code of Ordinances to change maximum impermeable coverage for Southern Methodist University fro m 90% to 70% - Smallwood Tab I B. CONSIDER: Purchase of side - loading refuse vehicle for Sanitation Department from H - GAC Purchasing Cooperative in the amount of $162,955.00 – Austin Tab II C. CONSIDER: Ordinance to change terminology in Master Fee Schedule under Parks and Recreation, Playing Field Reservations, from “an annual reservation card” to a “90 - day permit” – Thom Hanford Tab III D. CONSIDER: Approval of City Council meeting minutes for January 6 & 20, 2004 – Wilson Tab IV VI. MAIN AGENDA A. CONSIDER ORDINANCE: To amend Planned Development District No. 22, 6101 Hillcrest, Hillcrest Hotel – McLaurin Tab V B. CONSIDER: Approval of detailed plans, 6101 Hillcrest, Hillcrest Hotel – McLaurin Tab VI C. PUBLIC HEARING & ORDINANCE: Regarding Southern Methodist University’s reque st to rezone Lot 3, Block 2, (3015 Dyer) and Lot 3, Block 1 (3016 Dyer) from UC - 3 to UC - 2 – McLaurin Tab VII D. PUBLIC HEARING: To consider screening wall and street realignment along Dublin, SMU Boulevard north to University Boulevard – McLaurin Tab VIII 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. AGENDA MEMO (01/27/04 AGENDA) DATE: January 22, 2004 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant to the Director of Public Works SUBJECT: Ordinance to Amend the Code of Ordinances to Establish a New Impermeable Surface Category for University Campus Zoned Districts ITEM: th Pursuant to the Council's discussion at the December 19 , 2003 City Council meeting, staff has prepared an ordinance to amend the Code of Ordinances to establish a maximum impermeable surface are a of 70% for University Campus Districts 1,2, and 3. The change will also affect PD 23, which is the SMU parking garage at Daniel and Hillcrest. This change will result in the new storm water fee for the university being based on this 70% calculation as opposed to 90% under the current ordinance language. In addition to the storm water fee implications, this change will also limit future development on the campus to a maximum of 70% impermeable surface. RECOMMENDATION: Staff recommends approval of the proposed ordinance amending the Code of Ordinances to provide maximum impermeable surface regulations for University Campus and related districts. ATTACHMENTS: Draft ordinance ? ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settin gs \ Temporary Internet Files \ OLK21 \ UC zones 70 percent max impermeable 1 - 27 - 04.doc 4 : 29 PM 01 / 22 / 04 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, “BUILDING AND CONSTRUCTION” , SECTION 3.103 “AMENDMENTS TO THE BUILDING CODE ”, SUBSECTION (33) TO PROVIDE MAXIMUM IM PERMEABLE SURFACE REGULATIONS FOR MULTI - FAMILY, NON - RESIDENTIAL, UNIVERSITY CAMPUS AND RELATED DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3 , Article 3 .100, Section 3 .103( 33 ), of the Code of Ordinances, City of University Park, Texas , is hereby amended to read as follows: “( 33 ) Maximum Impermeable Surface . It shall be required as a condition for granting a permit to build, repair, remodel, enlarge or replace a structure or ins tall additional features such as swimming pools, drives, patios, etc., which increase impermeable surface, that the following standards be met and complied with. Impermeable areas of all lots shall be limited to those specified for the following lot categ ories: Lot Categories Allowed Impermeable Surface Multi - Family Lots 63% Non - Residential Lots 90% University Campus, 1, 2, & 3 70% Planned Development District No. 23 70% Exception: The utilization of perforated paving stone or other permeable material may allow for a reduction in the total calculated impermeable surface area as determined by the building official. ” SECTION 2 . That all provisions of the ordinances of the City of University Park in conflict with the provisio ns of this ordinance be, and the same are hereby, repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not Page 1 affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense. SECTION 5. That this ordinance shall take effect immediatel y 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 _______________ , 200 4 . APPROVED: _____ _____________________________ HAROLD PEEK, MAYOR ATTEST: ___________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD ) / 61437/ 12/22/03 Page 2 ORDINANCE NO. __ _______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, “BUILDING AND CONSTRUCTION”, SECTION 3.103 “AMENDMENTS TO THE BUILDING CODE”, SUBSECTION (3 3) TO PROVIDE MAXIMUM IMPERMEABLE SURFACE REGULATIONS FOR MULTI - FAMILY, NON - RESIDENTIAL, UNIVERSITY CAMPUS AND RELATED DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT T O EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) 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 _____________, 2004 . APPROVED: _____________ ____________ MAYOR ATTEST: _________________________________ CITY SECRETARY AGENDA MEMO (01/27/04 AGENDA) DATE: January 22, 2004 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: Purchase of Sanitation Sideloader ITEM: Attached is a memo from Fleet Manager Jim Gau regarding the replacement purchase of a side - loading refuse vehicle (sideloader) for $162,955. These vehicles are used by the Sanitation Division for commercial garbage pickup and are known as sideloaders because they lift and empty the three - cubic - yard dumpsters from the side. Staff proposes to make the purchase through the Houston - Galveston Area COG (H - GAC) Cooperative Purchasing Program. As Jim’s memo states, City staff proposes to upgrade the vehicle to a stronger engine, heavier axle, and higher compaction r ate. These changes, combined with normal increases in equipment costs and EGR (Exhaust Gas Recirculation) changes, make the proposed purchase more costly than the most recent sideloader purchase. The City last purchased a sideloader in 2001 for $117,000. RECOMMENDATION: City staff recommends approval of the sideloader purchase for $162,955 from the H - GAC Cooperative Purchasing Program. Funds are available in the Equipment Services Fund. ATTACHMENTS: ? ? Memo from Fleet Manager Jim Gau, Jr. ? ? Contract prici ng worksheets ? ? Product description 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ AGENDA MEMO SIDELOADER 012704.doc 2 : 35 PM 01 / 22 / 04 City of University Park 4420 Worcola Dallas, Texas 75206 Equipment Services Division Phone 214 - 987 - 5440 Fax 214 - 987 - 5479 To: Kent Austin, Finance Director January 20, 2004 Unit 6085 is a 1998 Volvo Side Loader that enters its sixth - year of service with the City of University Park. The Sanitation Department runs two such trucks in daily service, the other being a 2001 Volvo Side Loader. This department also has a 19 89 GMC Side Loader, which is used as a back up for the two Volvo Units when they are in for repair or service. The 1989 GMC was replaced in 1998 by unit 6085 and kept as a backup unit. The 1989 GMC is in almost non - serviceable condition as the body, fram e, and driveline are in poor condition and any major failure will have a repair cost that will exceed the value of the truck. We are replacing unit 6085 early but retaining it as a backup for the 2001 Volvo and the truck to be purchased. Unit 6085 should function as a suitable back up for at least another six to eight years. We have been using PAC - MOR Side Loaders for the past fifteen years as they were the only viable company that built a unit that would work with our EMCO side loading containers. The EM CO containers are a rare container for commercial use as most commercial containers are set up for a front - loading truck. Because the market is small for the EMCO container, the availability of trucks is also small. The quality of the PAC - MOR Side Loader body has been poor and we have had many problems with the quality of materials used, welds, and hydraulic cylinders. Our last body had its push out plate come apart after twenty months of service, which cost us seven thousand dollars in parts and we have replaced many hydraulic cylinders at a cost of five hundred dollars each. The Sanitation Superintendent has also been unhappy with the compaction rate of the body and indicates it will only compact to 600 pounds per cubic yard. The Heil body is rated at 12 00 pounds per cubic yard and any increase in compaction rate will aid in productivity. We have lived with the problems of the PAC - MOR units once again, for they were our only real source for a side loader that would work with our containers. The Volvo cha ssis has provided good service to us and we have had a few problems with the engine in these trucks. We a specifying a stronger engine and rear axle in the new truck to assure us of the expected life cycle with no major failures of these components during our ownership. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ AGENDA MEMO SIDELOADER 012704.doc 2 : 35 PM 01 / 22 / 04 Heil has recently started offering a side loader that will work with our EMCO containers. The quality and construction is better than the PAC - MOR units we now run. They have to be built stronger to allow for the higher compaction rate. We s hould have a lower operating cost associated with this unit because of the heavier design and materials. The unit is available through HGAC Cooperative Purchasing Program and is priced at $ 69,555.00 for the body and $ 93,400.00 for the chassis. We last p urchased a side loader back in March of 2001 and paid 117,000 dollars for that unit. Since that time, the chassis has increased about eight - thousand dollars due to EGR equipment that was forced by government mandate and the normal yearly increase for manuf acturing costs. The body has also increased substantially with a PAC MOR body being priced at $ 52,000.00 dollars. If we bought another PAC MOR body on a Volvo unit our price would be about $ 138,000 which is $ 24,955.00 less than we are paying for a Mack Chassis and Heil Body. I do realize the difference between the two trucks is significant but feel that the added cost will be made up through lower repair costs and higher productivity for the Sanitation department. With a ten - year life cycle the added c ost per year will be $ 2,495.50 that can easily be reached in added repair costs and reduced productivity with another PAC MOR body. Respectfully Yours, Jim Gau Jr. Fleet Manager 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ AGENDA MEMO SIDELOADER 012704.doc 2 : 35 PM 01 / 22 / 04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ AGENDA MEMO SIDELOADER 012704.doc 2 : 35 PM 01 / 22 / 04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ AGENDA MEMO SIDELOADER 012704.doc 2 : 35 PM 01 / 22 / 04 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ AGENDA MEMO SIDELOADER 012704.doc 2 : 35 PM 01 / 22 / 04 AGENDA MEMO (01/27/04AGENDA) DATE: Jan. 21,2004 TO: Bob Livingston FROM: Thom Hanford SUBJECT: Park Reservation Fee Change This resolution is to correct an item in the Fee Schedule with regard field reservations. The intent originally was for a coach to pay a $10.00 fee to reserve a field for a season. However, the Fee Schedule has indicated this fee as an annual fee. This resolution is simply correcting that error by making the $10.00 fee good for a 90 day period. RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ Park reservation.doc 1 : 46 PM 01 / 21 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 13, “PARKS”, SECTION 13.502 “PLAYING FIELD RESERVATIONS”, SUBSECTION (2) TO PR OVIDE FOR PLAYING FIELD RESERVATION PERMIT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. C hapter 13 “Parks”, Article 13.500, Section 13.502 “Playing Field Reservations”, subsection (2), of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: “(2) Permit . Bona fide residents of the City of University Par k who are interested in making playing field reservations may purchase a ninety (90) days permit from the reservations clerk for a fee to be determined by appropriate resolution of the City Council.” SECTION 2 . All provisions of the ordinances of the Cit y of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed. SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, i llegal, or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. This ordinance shall ta ke effect immediately from and after its passage, 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 _______________, 2004. APPROVED: _________________ _________________ HAROLD PEEK, MAYOR ATTEST: ___________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD /61643/12/31/0 MINUTES #2401 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, JANUARY 6, 2004 AT 5:00 P.M. Mayor Harold Peek opened the meeting of the City Council. Present were Mayor Pro Tempore Dick Davis, Councilmembers Jim Robe rts and Harry Shawver. Councilmember Blackie Holmes was absent and excused. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. AWARDS AND REQUESTS FROM CITIZENS POLICE DEPARTMENT AWARD: Detect ive Travis Vavra was presented the award for Officer of the Year by Chief Gary Adams. Since August 2003, upon his assignment to the Criminal Investigation Division, Detective Vavra has identified several suspects through latent fingerprints and DNA testin g by utilizing the computer to network with area law enforcement agencies in the identification of criminal activity. Chief Adams also presented Officer Travis with a Certificate of Merit for saving the life of a distraught individual by maintaining telep hone contact for approximately 1 - 1/2 hours in an attempt to learn the subject’s location, which, in turn, allowed the Garland Police Department to take the subject into custody for transportation to a hospital for treatment. BOY SCOUTS OF AMERICA: Marshal l McCamey, 4200 Larchmont, Troop 82, introduced himself stating he was working on the Citizenship in the Community Merit Badge. ITEMS FROM THE FLOOR Mr. Jim Carmichael, 3716 Purdue, distributed pictures of his driveway and a copy of the Code of Ordinances pertaining to such. In 2002, he received two (2) citations for a defective driveway approach that was unsafe and hazardous and was instructed to replace it. Mr. Carmichael contended his driveway did not need replacing, only repairing. Mayor Pro Tem Davi s informed Mr. Carmichael that the Council does not deal with unpaid fines. Ms. Anna Moskowitz, 3136 Southwestern, spoke against renewing a Solicitor Permit for Ms. Sarah Baker, Christian Hospitality Network, based on her experience with the individual. Ms. Moskowitz was informed that, at this time, the application has been denied. Ms. Sarah Baker, 2341 Fenestra Drive, Dallas, Texas 75228, member of the Christian Hospitality Network, spoke in her own defense stating she did not mean any harm to Ms. Mosko witz and that she was denied a Solicitor Permit because the one she was wearing at the time of the complaint was out of date and she had accidentally placed her picture over the date and was unaware that it had expired. The Council will take the re - issuan ce of the Solicitor Permit under advisement. The Council requested Police Chief Gary Adams investigate the matter and the re - issuance of the permit be placed on the February 3, 2004 agenda. Mayor Pro Tem Davis moved acceptance of the Consent Agenda. Coun cilmember Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESOLUTION FOR NEW MASTER FEE SCHEDULE COVERING STORM WATER UTILITY RATES AND OTHER MINOR CHANGES: Since Resolution No. 03 - 10, Master Fee Schedule, w as adopted on July 16, 2003, the Schedule of Drainage Charges has been adopted by ordinance and should be added to the fee schedule. Also, the fee for collection of appliances, furniture and large items was changed from $10.00 to $15.00, and the yard wast e bags section should read $4.00 for a bundle of five (5), including tax. The sentence under Playing Field Reservations under Parks and Recreation should read “a 90 - day permit” rather than “an annual reservation card”. RESOLUTION NO. 04 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A MASTER FEE SCHEDULE; REPEALING RESOLUTION NO. 03 - 08, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FROM KIMMONS SECURITY SERVICES, INC. TO DEVELOP VULNERABILITY ASSESSM ENT & EMERGENCY RESPONSE PLANS: Pursuant to recently enacted requirements by the Environmental Protection Agency (EPA), all municipalities are required to evaluate their water systems to determine potential threats that would endanger the water supply syst em and identify key mitigation measures that can be implemented to address those threats. Kimmons Security Services, Inc. was selected as the firm to perform the required assessments and reports. Their proposal is in the amount of $10,750. CONSIDER AGREE MENT EXTENDING EXISTING CONTRACT TERM WITH PARK CITIES MUNICIPAL UTILITY DISTRICT: The present contract with Dallas County Park Cities Municipal Utility District (PC MUD) expired on September 20, 2003 and was extended until December 31, 2003 to allow addit ional time to revise the document. It is recommended that the current contract be extended until March 31, 2004. A new contract should be in place prior to that date. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For December 9, 19 & 22, 2003. MAI N AGENDA PUBLIC HEARING & ORDINANCE TO AMEND PLANNED DEVELOPMENT - 2 - RETAIL (MIRACLE MILE) TO ALLOW A 16’ ADDITION TO REAR OF 4520 LOVERS LANE: Lovers Lane Animal Hospital has requested a sixteen - foot (16’) addition to the rear of their building. The 477 sq uare foot addition to the north side of the building is for additional inside storage area. The addition will not eliminate existing parking spaces. Mayor Pro Tem Davis moved approval of the 16’ addition to the rear of the building. Councilmember Robert s seconded, and the vote was unanimous to approve the ordinance. ORDINANCE NO. 04/01 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDE D, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 2 (PD - 2 - R) FOR THE PROPERTY DESCRIBED AS LOT 2 OF BLOCK C, IDLEWILD NO. 2, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4520 LOVERS LANE, UNIVERSITY PARK, TE XAS; APPROVING A SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; A ND PROVIDING AN EFFECTIVE DATE. CONSIDER NEW DATE FOR PUBLIC HEARING REGARDING SOUTHERN METHODIST UNIVERSITY (SMU) WALL AND REZONING OF DYER PROPERTY: At the Council’s November 11, 2003 meeting, a public hearing to consider the rezoning request of SMU for property located on Dyer Street, as well as the Dublin wall, was continued to January 20, 2004. Since that time, a conflict has arisen and a member of the Council will be unable to attend on that date. The new date for the public hearing will be Tuesday , January 27, 2004 at 5:00 p.m. in the City Hall Council Chamber. N otices advising residents of the date will be distributed to the area bounded by Hillcrest/University/Central Expressway/Mockingbird. Councilmember Roberts moved approval of the new date. Mayor Pro Tem Davis seconded, and the vote was unanimous for approval of the new public hearing date. CONSIDER ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 22 (6101 HILLCREST): Mayor Peek announced that the public hearing had been continued, and he re - opened the public hearing. Mr. Art Anderson, Eureka Holdings, distributed material to the Council indicating a modification of the plans for the proposed hotel to provide a "setback" of the top story of the building in order to reduce the mass of th e building and improve the aesthetic appearance. The setback reflects a 20% reduction in square footage from the original floor plan. The Council had raised two questions during the previous discussion of the proposed hotel regarding the height of the exis ting structures to the west and south of the proposed hotel. The multifamily structure to the south is 32' and the daycare facility to the west is 34’. Council was also concerned about the number of parking spaces. In General Retail (GR) zoning, 52 spaces are required, one for each room. The proposal calls for a total of 63 spaces - 33 full size (9' x 20'), 27 compact (8.5' x 16'), and 3 handicap. Technically, 11 of the spaces cannot be counted, because they are "tandem" or "stadium" parking. The applican t has stated that valet service will relieve any parking issues. Mayor Pro Tem Davis questioned the style of architecture, which is not traditional as is the case with most architecture in the City. Mr. Anderson stated they were open to suggestions. Cou ncilmember Roberts was curious about the number of employees and where they would park, as he did not want them parking in the neighborhood. Mr. Anderson stated there would be approximately 15 employees during the day, and they would park off - site. A con tract has been drawn up for an off - site parking area approximately a mile away and the employees will be taxied back and forth. City Attorney Rob Dillard assured Councilmember Roberts that the ordinance could be written to reflect the parking arrangements . Councilmember Roberts was also concerned that the alley be made one - way for safety reasons. Mayor Peek closed the public hearing. Mayor Pro Tem Davis moved that the planned development district be approved, but not the ordinance until detailed site an d landscape plans are submitted to Council and that the ordinance state employees will park off - site and not on City streets. Councilmember Shawver seconded the motion, and the vote was unanimous to approve the planned development district. CONSIDER OR DINANCE AMENDMENT OF SPECIAL SIGN DISTRICT FOR TOM TOM NOODLE HOUSE, PLAZA AT PRESTON CENTER: Ordinance 90/6 was amended to designate specifications of signs for Tom Tom Noodle House, 8420 Preston Center Plaza, along the south façade. Councilmember Shawve r moved approval of the amendment. Councilmember Roberts seconded, and the vote was unanimous to approve the ordinance. ORDINANCE NO. 04/02 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTR ICT FOR THE PLAZA AT PRESTON CENTER BY DESIGNATING SPECIFICATIONS FOR SIGNS FOR TOM TOM NOODLE HOUSE; PROVIDING FOR APPROVAL OF ELEVATIONS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAU SE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE ABANDONING SANITARY SEWER EASEMENT ACROSS RESIDENTAL PROPERTY AT 6821 GOLF: The fair market v alue (FMV) for the property was established by the purchase price at $54.91 per square foot. The City's policy on previous abandonments has been to value rights - of - way at 100% of the FMV and easements at 25% of FMV; therefore, the 600 square foot easement (10x60’) would be $8,236.50. In addition to paying the City for its property right in the easement, the abandonment must be subject to the relocation of sanitary sewer services from the old sewer in the rear of the properties at 6821 and 6825 Golf to the front of those properties. Mayor Pro Tem Davis moved approval of the ordinance subject to the owners of the two properties at 6821 and 6825 Golf relocating their sanitary sewer services to the front of their property and making payment to the City. Counc ilmember Roberts seconded, and the vote was unanimous to approve the ordinance. ORDINANCE NO. 04/03 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A SANITARY SEWER EASEMENT AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, TO THE ABUTTING OWNER, DAVID COATS D/B/A LEWIS RUSSELL HOMES IN CONSIDERATION OF THE PAYMENT OF $8,238.00; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL TO TRANSFER OWNERSHIP OF STREET LIGHT AT AIRLINE & NORTHWEST PARKWAY FROM RESIDENT TO CITY: Mr. Jim Doster installed a light at this location by purchasing a pole and fixture of the same type as those currently installed by the City on portions of Hillcrest, Lovers Lane and other miscellaneous locations in the City. Staff suggested the City accept this light, along with any others that an individual resident may wish to have installed, as lon g as the following conditions are met: the property owner agrees to pay the full cost of the pole and fixture, the pole and fixture are made by the same manufacturer and are of the same style and type as those currently being installed by the City, the pr operty owner pays all costs of under grounding the electrical service to the nearest feasible location for connection to the Oncor system, the pole and fixture are located in an area where it is determined a streetlight would otherwise be provided, and the location is on the public right - of - way or easement. If these conditions are met, the City will agree to pay the energy charge for the light to the City’s electrical service provider, maintain the fixture and pole, and handle the necessary permitting with another jurisdiction if the light is located on that jurisdiction’s right - of - way. This provides an alternative to residents wishing to upgrade a fixture adjacent to their home. Mayor Pro Tem Davis moved approval of the proposal with the aforementioned conditions. Councilmember Roberts seconded, and the vote was unanimous to approve the proposal. CONSIDER RESOLUTION TO ADOPT AMENDED ICMA - RC 457 PLAN DOCUMENT: Recently, new regulations governing Section 457 deferred compensation plans were issued by the Internal Revenue Service. It is now necessary to amend our current 457 Plan Document with ICMA Retirement Corporation to reflect the new regulations in order to bring the City in line with the April tax law changes. Councilmember Roberts moved approval t o adopt the amendment. Councilmember Shawver seconded, and the vote was unanimous to approve the resolution. RESOLUTION NO. 04 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ITS DEFERRED COMPENSATION PLAN; AND PROVI DING AN EFFECTIVE DATE. CONSIDER DATE FOR PUBLIC HEARING REGARDING CONSTRUCTION OF CITY HALL: A public hearing will be held to allow public comment on the proposed plans. Scheduling the hearing in conjunction with the February 3, 2004, City Council meeti ng at 5:00 p.m., will allow sufficient time to meet advertising requirements. The City’s architect and staff will prepare a presentation for the meeting outlining the proposed improvements. Councilmember Shawver moved approval of the new date. Mayor Pro Tem Davis seconded, and the vote was unanimous to hold the public hearing on February 3, 2004 at 5:00 p.m. in the City Hall Council Chamber. There being no further business, the meeting was adjourned. th PASSED AND APPROVED this 27 day of January 2004 . Harold Peek, Mayor ATTEST: Nina Wilson, City Secretary MINUTES #2402 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, JANUARY 20, 2004 AT 5:00 P.M. Mayor Pro Tempore Dick Davis opened the meeting of the City Council. Present were Councilmembers Blackie Holmes, Jim Rober ts and Harry Shawver. Mayor Harold Peek was absent and excused. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. MAIN AGENDA PUBLIC HEARING & ORDINANCE REGARDING SOUTHERN METHODIST UNIVERSITY ’S REQUEST TO REZONE LOT 3, BLOCK 2, (3015 DYER) AND LOT 3, BLOCK 1 (3016 DYER) FROM UC - 3 TO UC - 2: On October 15, 2003, the Planning & Zoning Commission voted unanimously to recommend an approval of the rezoning request made by Southern Methodist Universi ty (SMU) to rezone 3015 & 3016 Dyer from University Campus District 3 (UC - 3) to University Campus District 2 (UC - 2). Current zoning does not permit the fraternity or sorority house usage that SMU desires to locate on these lots. If approved, the change w ill allow fraternity and sorority houses to be constructed 50 feet farther east. The property to the west of the lots in question is zoned UC - 2 and permits such use already. SMU plans to construct replacement houses for those presently located on Binkley adjacent to the new Student Services Building. The location on Binkley will be used to construct a parking garage serving the new Student Center as well as the main campus. PUBLIC HEARING TO CONSIDER SCREENING WALL AND STREET REALIGNMENT ALONG DUBLIN, S MU BOULEVARD NORTH TO UNIVERSITY BOULEVARD: SMU had also proposed a screening wall along Dublin from SMU Boulevard to University Boulevard. The wall was part of SMU’s 1998 Master Plan and was in response to requests by homeowners that the area east of Dub lin be isolated from the campus. Development Agreements between the City and SMU for other improvements also committed SMU to funding and building the wall at an undetermined time. Due to confusion in the neighborhood resulting from issues surrounding th e proposed reconfiguration of Dublin and the associated wall, SMU had requested a postponement of the public hearing until such time as the Council had the opportunity to hear public comment on the Dublin reconfiguration and wall. Therefore, at the Novemb er 11, 2003 th City Council meeting, this item was continued to a January 20 Special City Council Meeting. As a result of some scheduling conflicts, staff recommended this item be continued again to a th January 27 City Council meeting. Mayor Pro Tem Davis announced that notices had been posted and letters sent to residents advising them that the members of the City Council had decided to continue the public hearing on both the matter of rezoning as well as the screening wall and street realignment to 5:00 p.m., January 27, 2004. Therefore, Councilmember Holmes moved that the public hearing be continued to January 27, 2004. Councilmember Roberts seconded, and the vote was unanimous to hold a public hearing on the rezoning issue and screening wall on Januar y 27, 2004 at 5:00 p.m. There being no further business, the meeting was adjourned. th PASSED AND APPROVED this 27 day of January 2004. Harold Peek, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (1 /27/04 AGENDA) DATE: January 21 , 2004 TO: Honorable Mayor and City Council FROM: Wade McLaurin, Building & Zoning Administrator SUBJECT: Approval of Ordinance to Amend PD - 22 (6101 Hillcrest) BACKGROU ND th On January 6 , the City Council approved conceptual plans which would amend the existing Planned Development 22 (PD - 22) to allow an additional floor on the hotel located at 6101 Hillcrest. The approval was subject to the hotel operator providing a va let service at all times for employees, guests, and visitors to the hotel. In addition, it was stipulated that employee parking take place at 4513 Travis, Dallas, Texas or some other off site location to be approved by the Director of Public Works. The Co uncil also asked that detailed site and landscape plans, along with a revised east elevation drawing be brought back to the Council for approval. The attached ordinance was re - written to include these stipulations and is being submitted for the Council’s approval. PUBLIC NOTICE: N/A RECOMMENDATION: Staff recommends that the adopting ordinance amending Planned Development 22 be approved . 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPH ONE (214) 363 - 1644 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRI CT NO. 22 FOR THE PROPERTY DESCRIBED AS LOTS 1, 2, AND 3 OF BLOCK D, UNIVERSITY ANNEX NO. 2, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 6101 HILLCREST, UNIVERSITY PARK, TEXAS; APPROVING A CONCEPTUAL SITE PL AN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIV E 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, a nd the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, be, and the same are hereby, amended so as to grant an amendment to Planned Development District No. 22 so as to allow a hotel o r motel use on the property described as Lots 1, 2, and 3 of Block D, University Annex No. 2, an addition to the City of University Park, Dallas County, Texas, and more commonly known as 6101 Hillcrest, University Park, Texas. SECTION 2 . That the concept ual site plan depicting the improvements on said lots is attached hereto collectively as Exhibit “A” and made part hereof for all purposes the same as if fully copied herein. That a detailed site plan, containing the data required by Section 22 - 500 of the 57977 Comprehensive Zoning Ordinance, shall be submitted for review and approval by the City Council without an additional public hearing. The City Council shall immediately schedule the detailed site plan for consideration. Review of the detailed site plan by the Planning and Zoning Commission is waived. SECTION 3 . That this Planned Development District is granted subject to the following special conditions: (a) That the property will be developed only in conformance with the requirements of this ordinanc e and the approved detailed site plan; (b) That the property will be landscaped in accordance with the approved landscape plan to be attached as an Exhibit to the detailed site plan and made part hereof for all purposes, the same as if fully copied her ein; (c) That the property will be used only for a hotel or motel, as those terms are defined by the Comprehensive Zoning Ordinance; and (d) That the operator of the hotel or motel will provide a valet parking service at all times, for employees, h otel guests and visitors to the property, and will require all employees to park their vehicles, at all times when they are on duty at the hotel, at 4513 Travis, Dallas, Texas, or some other off - site, off - street location approved by the Director of Public Works. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby be, and the same are hereby, repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 57977 SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinanc e or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of Universi ty 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 such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance sh all 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 __________, 2004. A PPROVED: ____________________________________ HAROLD PEEK, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/11 - 19 - 03) 57977 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMEN T DISTRICT NO. 22 FOR THE PROPERTY DESCRIBED AS LOTS 1, 2, AND 3 OF BLOCK D, UNIVERSITY ANNEX NO. 2, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 6101 HILLCREST, UNIVERSITY PARK, TEXAS; APPROVING A CONCEPTUAL SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ____day of __________, 2004. APPROVED: ____________________________________ MAYOR ATTEST: __________________________ __________ CITY SECRETARY 57977 AGENDA MEMO (1 /27/04 AGENDA) DATE: January 22 , 2004 TO: Honorable Mayor and City Council FROM: Wade McLaurin, Building & Zoning Administrator SUBJECT: Approval of Detailed Plans – Hillcrest Hotel (6101 Hillcrest) BACKGROUND th At its January 6 meeting , the City Council approved conceptual plans for the Hillcrest Hotel project at 6101 Hillcrest. These plans included the construction of an additional floor on the building. As part of the approval, the Council asked that more detailed site and landscape plans, along with an amended building elevation along Hillcrest, be brought back for consideration. After meeting with staff to discuss these requirements, the applicants have submitted more detailed plans which speci fy location, height, and species of plantings. In addition, the architect has modified the east elevation of the building in an attempt to somewhat reduce the impact of the large windows facing th Hillcrest , as had been requested at the Council meeting on the 6 . PUBLIC NOTICE: N/A RECOMMENDATION: Staff recommends that the detailed site, landscape, and elevation plans for the amendment to Planned Development 22 be approved . 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 AGENDA MEMO (1/27/04 AGENDA) DATE: January 22 , 2004 TO: Honorable Mayor and City Council FROM: Wade McLaurin, Building & Zoning Administrator SUBJECT: SMU request to rezone 3015 & 3016 Dyer from UC - 3 to UC - 2 BACKG ROUND: On October 15, 2003 the Planning & Zoning Commission voted unanimously to recommend an approval of the rezoning request made by Southern Methodist University. The request is to rezone 3015 & 3016 Dyer from University Campus District 3 (UC - 3) to U niversity Campus District 2 (UC - 2). The current zoning does not permit the fraternity or sorority house usage that the University desires to locate on these lots. The property to the west of the lots in question is zoned UC - 2, and permits such uses alread y. SMU is proposing to relocate some of the fraternity houses that are currently located on the south side of the campus along Binkley to the Dyer properties. The additional lots that the university is seeking for UC - 2 zoning will allow for more open spac e between the new buildings. PUBLIC NOTICE: Notice for Public Hearing was advertised in the Park Cities People on the following dates: ? ? For P&Z - 10/2/03 ? ? For Council - 10/23/03 ? ? The Residents located between Rosedale and SMU Blvd., and between Airline a nd Central Exp w y., received a notice on their doo r prior to the Council meeting in November and again in January. RECOMMENDATION: Staff recommends approval of the adopting ordinance rezoning the subject properties from UC - 3 to UC - 2. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY GRANTING A CHANGE OF ZONING TO UNIVERS ITY CAMPUS - 2 UC - 2 FOR THE PROPERTY AT 3015 AND 3016 DYER, MORE PARTICULARLY DESCRIBED AS LOT 3. BLOCK 1 AND LOT 3, BLOCK 2, OF THE UNIVERSITY HILLS WEST ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwi se, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensiv e Zoning Ordinance and Map of the City of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by granting a change of zoning to University Campus - 2 UC - 2 for the property described as Lot 3, Block1 and Lot 3, Block 2 of the U niversity Hills West Addition, an addition to the City of University Park, Dallas County, Texas, and more commonly known as 3015 and 3016 Dyer, respectively. SECTION 2 . That the property described herein shall be used only for the purposes and under the c onditions set out in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended and as amended hereby. 59948 SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance, o r the Comprehensive Zoning Ordinance as amended hereby, be, and the same are hereby, repealed. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereb y, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, ille gal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Compr ehensive Zoning Ordinance of the City of University Park, Texas, 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 e ach and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case s provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ___ day of ___________ 2003. 59948 APPROVED: ___________________________________ HAROLD PEEK, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _____________________________ CITY ATTORNEY (RLD/10 - 15 - 03) 59948 ORDINANCE NO. _______________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY GRANTING A CHANGE OF ZONING TO UNIVERSITY CAMPUS - 2 UC - 2 FOR THE PROPERTY AT 3015 AND 3016 DYER, MORE PARTICULARLY DESCRIBED AS LOT 3. BLOCK 1 AND LOT 3, BLOCK 2, OF THE UNIVERSITY HILLS WEST ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of ____________ 2003. APPROVED: _____________________ _______________ HAROLD PEEK, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY 59948 PLANNING AND ZONING COMMISSION MINUTES October 20, 2003 The Planning and Zoning Commission of the City of University Park met on Monday, October 20, 2003 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. Th e following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert West – Chairman Wade McLaurin - Bldg. & Zoning Administrator Doug Roach Jennifer Patrick – Administrative Secretary Bill Foose Rob Dillard - City At torney Ed Freeman Randy Biddle Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 03 - 18 – 6101 Hillcres t Group, L.P., requesting an amendment to the existing 6101 Hillcrest Planned Development District 22 at (Lots 1 – 3 Block D, of nd University Annex 2 Addition of the City of University Park). The applicant is proposing to add an additional floor on the exi sting hotel structure. Mr. Brandon Blackburn of The Eureka Hotel Group, representing 6101 Hillcrest Group, L.P., was introduced and made a brief statement describing the property in question. Mr. Blackburn made note that the previously approved plans fo r the hotel allocated a total of fifty - two (52) rooms for guests. After reviewing the needs of the surrounding area, it had been determined this would be limited space, hence the request to add a fourth floor, which would add eleven (11) rooms. Mr. Blackbu rn explained, the hotel was in a definite state of disrepair, and the intention is to upgrade the building to make University Park residents proud. Mr. Blackburn went on to explain the revised total building height would be forty - one feet – seven inche s (41’ - 7”), including the screens located on top of the addition, which would hide mechanical equipment. As well as, the exterior of the building would have a stucco finish, which would be the aesthetically pleasing to the surrounding area. Mr. Black burn noted a parking contract with a local valet service had been acquired. He then detailed all the benefits of such an agreement such as; customer service, property security, and basic site control. Mr. Blackburn reiterated the addition of eleven (11) r ooms for guests, with an addition of eleven (11) extra parking spaces to accommodate these guests, and a total of sixty - three (63) rooms with sixty (60) parking spaces. Planning & Zoning Minutes 10/20/2003 Page 2 of 7 A discussion ensued regarding average occupancy rates and average parking spaces neede d. Mr. Roach asked if the valet service was available twenty - four (24) hours a day. Mr. Blackburn replied, yes, the valet service is available at all hours. Mr. Roach, then inquired of the height of the penthouse suite. Mr. Blackburn noted the overall height including the penthouse would be forty - one feet (41’). He added from the ground level, the addition would not be visible. Mr. Biddle asked if forty - one feet (41’) allocated enough space for the elevator machinery. Mr. Blackburn stated the elevator cabinet is eight feet (8’) tall, with all machinery below. He added the elevator is a piston elevator, which has refuge space. Mr. Roach inquired if the addition would over view the private residences surrounding the hotel. Mr. Blackburn noted only from the 3400 block of Binkley Ave. in the alley, behind the day school. Mr. Roach asked if those were the only private residences impacted. Mr. Blackburn replied, yes, with one exception. A private residence diagonally backs the Shell station, but the residen ts have a carport, which would obstruct the addition. Mr. Foose asked if the onsite parking were to be full, where the overflow parking would be located. Mr. Blackburn explained the overflow would be located at a secured off - site valet parking, which wo uld limit the cars parked in the neighborhood surrounding the hotel. A discussion ensued regarding the various valet parking companies and the locations. Mr. West noted there were two (2) letters opposing the construction of the addition on the hotel. Mr. West added there was specific concern in regards to a restaurant being onsite at the hotel. Mr. Blackburn stated the plan reflects an onsite restaurant to provide guests with breakfast, lunch and light dinner. Mr. West asked if the restaurant would be limited to the hotel guests. Mr. Blackburn explained he expects it to be occupied primarily by hotel guests, but for business purposes would not put limitations on it. Mr. Roach asked how large of an occupancy rate would be allocated for the restaurant . As well as, how would the parking situation be effected, if residents utilized the restaurant. Mr. Blackburn noted a dining area for thirty (30) guests would be constructed. In regards to the parking concern, there would a surplus of parking available, w ith the use of the valet service. Mr. Biddle inquired if there were any plans to increase the size of the parking lot. Mr. Blackburn stated no, there were not any plans to increase the size of the parking lot. He reiterated if an average occupancy rate o f sixty percent (60%), there would be plenty of parking available. Planning & Zoning Minutes 10/20/2003 Page 3 of 7 Mr. Biddle asked if the valet service in question was located on Knox and Travis. Mr. Blackburn replied yes, and gave the approximate distance from the hotel of 1.1 miles, which is a four to five (4 - 5) minute drive from the hotel. Mr. West inquired if there were any opposing parties in the audience. Mr. Daniel Yaest, resident of 3419 Granada Ave., was introduced and made a brief statement describing his opposition to the proposed addition at 6101 Hillcrest. Mr. Yaest noted his main concern was the parking in terms of SMU events, and posed a question to the owners/operators of the hotel of how they would address such an issue. Mr. Robert Columbo, president of 6101 Hillcrest Group L.P., was in attendance and addressed Mr. Yaest’s concern from the sitting area. Mr. Columbo stated in order to support the investment of the hotel; the hotel group would add the high expense of a valet service. Mr. Columbo added he would like to project an occupancy rate of eighty percent (80 %), but this would be too high of an expectation. Mr. Columbo added he anticipates an actual thirty to forty - percent (30 - 40%) occupancy rate, and with lower occupancy, more parking is available. He reiterated a twent y - four hour (24) valet service would be under contract, to back up onsite parking. Mr. Yaest stated it appears the general area in question already has parking overflow issues. Mr. Yaest added imagining a valet service in the area would add to the proble m at hand. He noted he enjoyed the quiet, lazy streets. Mr. Yaest inquired if the hotel restaurant would be serving alcohol beverages, and if so could the hotel commit to restricting the SMU students from consuming those beverages. Mr. Columbo stated yes, but overall the public would be served if of legal age to consume alcoholic beverages. Mr. McLaurin interjected that the purpose of this meeting was not to approve/disapprove any other items, other than the construction of the additional floor and to ensure the parking requirements are met. Mr. Biddle asked Mr. Dillard if the Planned Development could be amended to reflect the use of the valet service. Mr. Dillard stated yes, the applicant volunteered to use the valet service, and that could be list ed as a condition of the Planned Development. Mr. Biddle inquired to what the consequences would be if the applicant did not adhere to the condition. Mr. Dillard stated if the condition was not met, the applicant would be violating the ordinance of the P lanned Development and the certificate of occupancy could be revoked. Mr. Dillard added the applicant more than likely would not risk that, because of Planning & Zoning Minutes 10/20/2003 Page 4 of 7 the investment. Mr. Foose asked how many employees the hotel would have. Mr. Columbo stated fifteen to eighteen (15 - 18) employees, whom would park at the valet service, and be shuttled to the hotel. Mr. Foose stated parking four to five (4 - 5) minutes away did not seem too convenient. Mr. West asked for a motion. Mr. Freeman moved to approve the requeste d amendment for the fourth floor addition, and to include the tandem parking in the number of parking spaces allocated for the hotel, with a condition the applicant must furnish the valet parking. Mr. Roach seconded the motion. The motion failed with Mr. West, Mr. Biddle, and Mr. Foose opposing the requested amendment. Mr. West, then read the specifics of the second case. PZ 03 - 19 – Southern Methodist University, requesting a rezoning of Lot 3 Block 1 and Lot 3 Block 2 of University Hills West Addition of the City of University 3015 and 3016 Dyer Park, also known as . The applicant is requesting a rezoning on the properties from University Campus District 3 (UC - 3) to University Campus District 2 (UC - 2). Mr. West made a brief statement to all interested p arties; those who will be speaking will have a maximum of fifteen (15) minutes to present their opinion. Mr. Leon Bennett, General Counsel and VP for Legal Affairs and Government Relations for Southern Methodist University (SMU), was introduced and made a brief statement describing the property. Mr. Bennett stated for the last ten (10) years SMU has been working with the City of University Park regarding the master plan for the university. He noted the plan involves building structured parking on Binkley Ave. west of Airline Rd. Three (3) buildings, Letterman Hall, Lambda Chi Omega, and Sigma Alpha Epsilon currently occupy the projected site. In order to facilitate the parking structure these buildings must be relocated to the requested rezoned area on 30 15 Dyer St. and 3016 Dyer St. Mr. Bennett added the parking structure would consist of additional parking for one hundred twenty - three (123) cars per floor. Mr. Bennett handed out a map of the proposed rezoned location, noting in 1997 SMU started opening Dublin St. and began discussions/agreements with the City in regards to a wall to be constructed along Dublin St. He stated the original conception of the wall was to be constructed beginning at the alley north of the Kappa Alpha House. He added Mr. Planning & Zoning Minutes 10/20/2003 Page 5 of 7 Bob W haling, the City Engineer, had presented new ideas in regards to the wall. Mr. Bennett stated Mr. Whaling had proposed to relocate the wall to the west side of Dublin St., loop the streets running east to west - without any thru streets. Mr. Bennett noted SM U has acquired thirty - six (36) of the forty - eight (48) lots on the west side of Dublin St. to facilitate the construction of the wall. Mr. Bennett noted SMU would like the City of University Park to abandon Dyer St. He added a cul - de - sac would be install ed on McFarlin Blvd. to benefit the residents/neighbors of SMU. A discussion ensued in regards to SMU working with the surrounding residents in 1997 regarding the wall. Mr. Bennett stated there were variations, such as moving the line of the wall to the east, which was currently under discussion with the City of University Park. He added the wall would be eight feet (8’) tall, have live oak trees planted along side, and recommends no residential windows face towards the wall. Mr. Bennett noted SMU needed incentives for the fraternity houses to relocate, such as adding courtyards at the proposed new Dyer St. locations. Mr. Bennett went on to explain the City of University Park would be responsible for relocating any utilities, as well as the scheduling of these relocations. Mr. Bennett added he would request the City of University Park to consult with SMU and the neighborhood. Mr. Freeman inquired on the amount of time anticipated to build the fraternity houses on Dyer St. Mr. Bennett stated SMU would li ke to have the wall built first, and be in agreement with the neighborhood. Mr. Roach asked what plans had been made in regards to emergency access. Mr. Bennett stated the proper radicals are in the development stages, and he noted SMU would loose two (2 ) lots on Fondren Dr. with this development. Mr. West inquired if there were any opposing parties in the audience. Mr. Weldon Mills, resident of 3106 Fondren Dr., was introduced and made a brief statement. Mr. Mills stated he has been residing in Unive rsity Park for thirteen (13) years, and is opposed to the construction of a wall. He noted his main concerns were students driving too fast in the neighborhood, the residential block would be too long, and he didn’t know if emergency vehicles could access the area. Mr. Mills stated his concerns also included sanitation issues, and the wall would cut off the fire hydrant located near his residence, which could affect his home insurance. He added there were currently six (6) families on Fondren Dr. and to cl ose off the street would be silly. He noted the wall should not be constructed unless SMU owns all properties. Planning & Zoning Minutes 10/20/2003 Page 6 of 7 Mr. West stated he understood Mr. Wells did not want a wall constructed, and noted the case in question for this specific meeting was to conside r rezoning for the two (2) lots on Dyer St., not construction of a wall along Dublin St. Mr. West asked if there were any other opposing parties in the audience. Orlando Deacutis, resident of 3028 McFarlin Blvd., was introduced. Mr. Deacutis made a brie f statement in which he objects to the zoning change. He stated the fraternity houses were close to his residence, which has resulted in increased traffic and various activities. Mr. Deacutis stated he enjoys living next to SMU, but that would be too clos e. He reiterated his objection, and thanked the board for being heard. Michael Donnenfield, resident of 3004 McFarlin Blvd., was introduced. Mr. Donnenfield stated he objects to the rezoning of the lots at 3015 and 3016 Dyer St. He stated he would be f aced with unnecessary hardships such as: lower property values, traffic, and increased noise. Mr. Donnenfield added he felt all residents would be faced with these same problems. He noted he admired Mr. Bennett for making the plan more agreeable to work wi th the residents/neighbors. Mr. Donnenfield noted the bottom line was that the quality of life would be affected. Ms. Mary Lacy, owner of property near SMU, was introduced. Ms. Lacy stated she had heard of plans of a wall to be constructed, but the plans had been changed on three (3) different occasions. She added she has not been contacted in regards to her opinion regarding the wall. Mr. West interjected and stated the wall was not on the agenda for this evenings meeting. The topic for discussion was re zoning for the two (2) lots on Dyer St. Mr. Harold Boots, resident of 2941 University Blvd., was introduced and made a brief statement. Mr. Boots stated the rezoning of the two (2) lots on Dyer St. would affect the wall. Mr. Boots added that he felt the p roper notification had not been placed in the paper, and there had not been enough input from the leaders of the neighborhood. He added he felt SMU tells the local residents, what they want to hear. Mr. Boots went on to describe the conditions of his neigh borhood, such as: various trash in yards, speeding by SMU students, and numerous car accidents. He noted he was against the rezoning of the two (2) lots on Dyer St., to enable the wall being constructed. Mr. West closed the public hearing. A discussion ensued regarding the rezoning of the lots on Dyer. Mr. West asked Mr. Bennett how the proposed location on Dyer St. for the fraternity houses would be separated from the neighborhood. Mr. Bennett stated by erecting a fence structure, along the west side o f Dublin St. Mr. Dillard asked Mr. Bennett why the exit of a proposed parking lot to the east of the two (2) lots on Dyer did not exit on SMU Blvd. Planning & Zoning Minutes 10/20/2003 Page 7 of 7 Mr. Bennett stated that was a difficult proposition, and not necessarily viable for the plan. Plus, the fr aternity house would be fifty feet (50’) to the east. A discussion ensued regarding the wall, in which Mr. West interjected and reiterated the wall was not up for discussion. Mr. Foose made a statement his concern would be emergency vehicle access if the wall was constructed, and the streets were reconfigured to loop. Mr. Foose added head in parking would not be an option for the houses on McFarlin Blvd. Mr. Roach noted SMU could build fraternity houses on McFarlin Blvd. with the property owned by SMU. Mr. West asked for a motion. Mr. Foose noted the neighborhood needed to consult with the Planning and Zoning Board and the City of University Park to discuss details regarding the university’s plans and to note the neighborhood concerns. Mr. West stated residents could discuss the issues with Public Works Director, Bud Smallwood. Mr. Biddle stated there was confusion with the wall being discussed in tonight’s meeting. Mr. Biddle added only the two (2) lots in question could be rezoned. He noted Mr. Benne tt had stated the wall could be built to the west of Dublin St. Mr. Biddle made a request that the wall be constructed not too close in proximity to Dublin St. Mr. Biddle moved to approve the requested rezoning for 3015 Dyer and 3016 Dyer St. Mr. Freeman seconded the motion. The motion was approved unanimously. Mr. West asked for a motion on the minutes from the October 20, 2003 Planning & Zoning meeting. Mr. Freeman moved to approve the minutes, with a second from Mr. Roach. The motion was approved una nimously. There being no further business before the Commission, Mr. West adjourned the meeting. _______________________ ______________________ Robert West, Chairman, Date Planning & Zoning Commission MEMORANDUM DATE: January 26 , 2004 TO: Bob Livingston, City Manager FROM: Wade McLaurin, Building & Zoning Administrator SUBJECT: SMU Rezoning/Wall Correspondence The following ma ps were prepared by the GIS Coordinator using correspondence received from residents regarding the rezoning of the properties located at 3015 & 3016 Dyer from UC - 3 to UC - 2, as well as the proposed Dublin Wall. The correspondence was broken down into those in favor of the proposal (green) , those against (red), and those whose votes were cast with certain “conditions”(yellow): Rezoning of the Properties at 3015 & 3016 Dyer to UC - 2 ? ? Against - 2 ? ? * Conditions - 14 * These individuals stated they could not support further rezoning until th e Dublin Wall is built. Construction of a wall along Dublin ? ? For - 12 ? ? Against - 2 ? ? ** Conditions - 38 ** These individuals stated they oppose building the Dublin Wall “at this time”. 3800 UNIVERSITY BOULEVARD UNIVE RSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ Bob Memo.SMU Wall - Rezone Maps.1 - 22 - 041.doc 9 : 38 AM 01 / 26 / 04 ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Starting Location: 6500 Airline (Airline @ University) time to this location from station: 4:13 Destination Response Time (Total Time Response Time (Total Time Time (from 6500 Airline) Without Wall From Station) With Wall From Station) Difference 2944 University (Univ. & Dublin) 23.5 4.36.5 23.5 4.36.5 0 2864 University (Univ. & Boedeker) 48.44 5.01.44 48.44 5.01.44 0 2944 Fondren (Fondren & Dublin) 38.28 4.51.28 1.29.32 5.42.32 51.04 seconds 2852 Fondren (Fondren & Boedeker) 1.03.41 5.16.41 1.03.41 5.16.41 0 2944 McFarlin (McFarlin & Dublin) 52.15 5.05.15 1.28.23 5.41.23 36.08 seconds 2900 McFarlin (McFarlin & S Boedeker) 1.07.58 5.20.58 1.24.43 5.37.43 16.85 seconds 2848 McFarlin (McFarlin & N Boedeker) 1.09.28 5.24.28 1.09.28 5.24.28 0 2948 Dyer (Dyer & Dublin) 1.16.12 5.29.12 1.52.38 6.05.38 36.26 seconds 2840 Dyer (Dyer & Boedeker) 1.35.53 5.48.53 1.29.88 5.42.88 - 6.35 seconds 2828 SMU (SMU & Boedeker) 1.51.66 6.02.66 1.51.66 6.02.66 0 Starting Location: 6413 Airline (Airline between University @ Fondren) time to this location from station: 4:05 Destination Response Time (Total Time Response Time (Total Time Time (from 6413 Airline) Without Wall From Station) With Wall From Station) Difference 2944 University (Univ. & Dublin) 34.53 4.39.53 34.53 4.39.53 0 2864 University (Univ. & Boedeker) 59 5.04.00 59 5.04.00 0 2944 Fondren (Fondren & Dublin) 32.37 4.37.37 1.36.45 5.41.45 1.04.08 2852 Fondren (Fondren & Boedeker) 1.02.76 5.07.76 1.07.10 5.12.10 4.34 seconds 2944 McFarlin (McFarlin & Dublin) 38.25 4.43.25 1.32.23 5.37.23 53.98 seconds 2900 McFarlin (McFarlin & S Boedeker) 53 4.58.00 1.21.57 5.26.57 28.57 seconds 2848 McFarlin (McFarlin & N Boedeker) 56 5.01.00 1.18.28 5.23.28 22.28 seconds 2948 Dyer (Dyer & Dublin) 1.13.12 5.18.12 1.53.38 5.58.38 40.26 seconds 2840 Dyer (Dyer & Boedeker) 1.32.53 5.37.53 1.23.88 5.28.88 - 8.65 seconds 2828 SMU (SMU & Boedeker) 1.48.66 5.53.66 1.48.66 5.53.66 0 C&P Engineering, LTD. Engineering Planning Surveying ? ? MEMORANDUM DATE: December 5, 2003 TO: Bud Smallwood City of University Park FROM: Dannie Cummings, P.E. C&P Engineering, Ltd. Traffic Volumes RE: Dublin Connector At your request we h ave prepared the attached three figures to address concerns regarding the possible growth of traffic on certain streets due to the implementation of the proposed Dublin Connector plan. Figure 1 summarizes the existing two - way average daily traffic counts collected on the streets in and around the Dublin Connector study area. These counts were collected over the 48 - hour period of November 11 and 12, 2003 and the resulting average values indicated on the exhibit. Figure 2 represents our estimates of the tr ip volumes and patterns that would result from implementation of the Dublin Connector plan. Figure 3 indicates the net change in percentage between the existing volumes in Figure 1 and the projected volumes in Figure 2. If you should have any questions r egarding this transmittal, do not hesitate to call me. 1801 Gateway Boulevard Suite 101 Richardson, Texas 75080 ? ? (972)644 - 2800 Fax (972)644 - 2817 ?