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1995-01-17 CC Packet City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting January 17, 1995 1. Agenda Item No. 5A. Request for contract extension between City of Southlake and Dean Construction for Bicentennial Park Expansion, Phase I. This request is the result of delays brought on by the extraordinary rainfall amounts since the project began. Although the contractor will attempt to make up lost time where possible, the extension will let everyone know what the estimated time of completion will be -- September 22, 1995. The request will be before the SPDC board for consideration at its next meeting, which will be prior to the Council meeting Tuesday (5:00 p.m.). 2. Agenda Item No. 5B. Resolution No. 95-01, authorization to submit a grant application to the Texas Department of Parks and Wildlife. As set out in the memo from Kim McAdams, Park Project Manager, the resolution will authorize us to apply for a grant to purchase park land. We are requesting the maximum allowable grant award of $500,000. The grant requires a 50/50 match, thus the application will be for a $1,000,000 project. Since the City's match is intended to come from 1/2 cent sales tax revenues, the application must be approved by the SPDC. Thus, this item will also be on the SPDC agenda Tuesday prior to the City Council meeting. We have requested Dee Ekstrom to provide an estimated average value of the 183 lots to be purchased. (There may be some lots that we do not need to purchase, such as the lots owned by Marilyn Tucker -- Lots 49-52, Blk 22. This can be determined later.) Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 2 The estimate is to give us a working number for the application; it is not intended to be an appraisal. An appraisal will be performed at a later date. 3. Agenda Item No. 5C. Authorization to Request Proposals for Aerial Photography. As pointed out in the memo from Bob Whitehead, Director of Public Works, this authorization if granted by City Council, will initiate the second step in developing our master drainage plan, officially referred to as the Comprehensive Stormwater Master Plan. We have purchased the typical mosaic aerials each year for our displays. The photography will be controlled to scale in order to provide contours, and will be digitized in order to produce computer-generated maps. The requested maps will be used to provide current topographic information for the City, but more importantly will be the base for our Geographic Information System (GIS). This item has been provided for in the FY 94-95 Annual Budget at an estimated cost of $104,000. 4. Agenda Item No. 5D. Recommendation to award the contract for water line improvements in the 1994 Community Development Block Grant Program. The memo from Greg Last, Director of Community Development, outlines the relevant issues regarding our CDBG project. We placed this item on the Consent Agenda since it is similar to a routine bid award. However, this item is somewhat different from the normal "awarding the bid" item that you typically review. Technically, the County must award the bid, but they first must have a "recommendation to award the contract" from the City. Basically they want concurrence on the approval of the contractor. The recommended bid award amount was determined so that the City could use the maximum amount of eligible CDBG funding in the 1994 and 1995 program years. The memo from Greg Last explains the considerations in making that decision. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 3 FYI: Recall that the City of Southlake is a participant in the Tarrant County CDBG Consortium. Tarrant County functions as an entitlement agency for cities in the county under 50,000 population, and the Consortium member cities apply for the funds. Funding is allocated to the cities through the Tarrant County Mayors' Council. This will mark our third year as a participant in the Consortium. Prior to 1994, the City of Southlake did not have any projects eligible for direct funding. As we mentioned previously, we are working towards seeking CDBG eligibility for Sutton Place as well as the Oak Lane/Marantha Way areas. We anticipate holding meetings with the affected citizens in 1995 and trying to obtain the needed R.O.W. for water, sewer and street improvements. If all parties cooperate, these projects should be eligible for participation in the 1996 program year. We will bring this issue back to Council for direction in the near future. Please call me or Greg if you have any questions. If following the work session you have remaining questions, this item should be removed from the Consent Agenda. It would be appropriate to consider the item following the Public Forum, just prior to item 7A, thus grouping the CDBG discussions together. 5. Agenda item No. 6B. Presentation by Dick Johnston regarding Recycling Bin Covers. The memo from Dick Johnston, SPIN Standing Committee Member for Neighborhood #16, and member of the Board of Directors of KSB, succinctly outlines the gist of the presentation he will make to City Council. FYI, as of 12/31/94 there was $15,994.25 in the Recycling Fund, a segregated fund within the General Fund dedicated to environmental programs and projects. (Recall that the recycling program originated from recommendations made by the Environmental Task Force appointed by City Council in FY90 91. Our current garbage contract provides for $500/month to the City from proceeds from the sale of recyclables. We Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 4 account for these proceeds in a separate fund so that they will not become mingled with other General Fund revenues.) The $3,000 budgeted for KSB support in the FY94-95 Annual Budget does not come from the Recycling Fund, rather, KSB support was funded by the undedicated General Fund revenues. This is not to suggest that KSB support should not come from the Recycling Fund, indeed, it would be an appropriate expenditure since KSB is an environmental program. There were 3,675 residential garbage accounts in Southlake as of 12/31/94. The memo from Mr. Johnston points out there are approximately 2,300 bins in use at this time. The 4,000 covers recommended for purchase by Mr. Johnston and KSB would be sufficient for the current budget year and provide some room for growth. The KSB Board of Directors endorsed the recommendation in its meeting last Monday, January 9th. There have been problems with items blowing out of the bins prior to pick up by the collectors. The covers would ameliorate the situation. The expenditure of the available funds is appropriate given their purpose. Should City Council agree, following the presentation by Mr. Johnston, you could direct the staff to bring the item back to a subsequent City Council meeting for your consideration. 6. Agenda Item No. 7A is the Public Hearing for our 1995 Community Development Block Grant application. This public hearing is required by law. Greg Last, Director of Community Development, will briefly outline the program, then the Mayor will open the Public Hearing for comments. NOTE CONCERNING THE PUBLIC HEARING: We have advertised a public hearing for 8:30 p.m. We are required to advertise a specific time. If we get to the item before 8:30, we need to move to the next item, then come back to it at 8:30. If we get to 8:30 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 5 prior to getting to the agenda item for the Public Hearing, we need to move as directly as possible to the Public Hearing. 7. Agenda Item No. 7B. Authorization for Staff to submit an application for 1995 Community Development Block Grant Funding. This consider item would authorize staff to submit the application for the 1995 program. Staff is recommending the continuation of the 12" water line as started in Phase I. We anticipate being eligible for an amount greater than the cost of finishing the water line and we have discussed with the County the need to carry any excess funding into the 1996 funding year. They said this was not a problem. 8. Agenda Item No. 8A, 1st Reading, Ordinance No. 480-143, (ZA 94-85) Rezoning and Redevelopment Plan for Versailles Subdivision. This proposal has some unique aspects. First is the relationshipbetween the landowners (Kercho-Kochweop) and the developer, P Don Plunk. Their differences hinge on the City requirement for new Carroll to go through this project to connect to S. Brumlow. The owners have indicated they will probably have an attorney present (John Lynch) to discuss their right to have the City buy the needed R.O.W. if the developer gets a plan approved but fails to close on the purchase. They will discuss at length their desire to have the City waive all perimeter street fees and only require the construction of two (2) lanes of new Carroll. These are developer agreement considerations, not zoning, but you may want to discuss these some so as to not give them any misdirections as to your intent. Our attorneys will discuss some of the legal aspects of these issues in executive session. There are several issues to discuss as noted in the staff Plan Review Summary, although the items are of no major impact to the development. As noted in the memo from Karen Gandy, the Planning and Zoning Commission made several recommendations, the most significant of which is the lot number reduction from 144 to 135 with a density not to exceed 1.7 dwelling units per acre. Attached is an updated comparison summary of the various P.U.D. development regulations for reference. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 6 We anticipate a great deal of discussion pertaining to this project. Most of the neighbor opposition noted in Karen Gandy's memo pertains to their first plan submittal which showed the future extension of Carroll going through several neighboring lots. There is very little opposition to the plan as currently submitted. 9. Agenda Item No. 8B. 1st Reading, Ordinance No. 480-154(ZA 94-123), zoning change request from AG to C-3, northwest corner E. Southlake Blvd. and Bluebonnet. This request was tabled November 1, 1994 by City Council until this meeting. One of the issues unresolved at that time was whether or not the developer (Dick LeBlanc) was going to be able to put the Conner Lam properties under contract. Mr. LeBlanc has told staff that this property is now under contract, and that he is also in the process of requesting TxDOT to abandon Short Ave. so that he can develop the entire area comprehensively. There has been no opposition to this request. P&Z recommended approval 7-0. 10. Agenda Item No. 8C. 1st Reading, Ordinance No. 480-155 (ZA 94-124), zoning change request from B-2 to C-3, northeast corner of E. Southlake Blvd. and Bluebonnet Drive. This case has many similarities to ZA 94-123. The only responses from adjacent owners have been in favor. P&Z recommended approval 7-0. 11. Agenda Item No. 8D. 1st Reading, Ordinance No. 480-161 (ZA 94-147), zoning change request from AG to SF-1A. There are no unresolved issues related to this request. The applicants plan to build a house. Staff has received a plat showing for the property. P&Z recommended approval 5-0. 12. Agenda Item No. 8E. 1st Reading, Ordinance No. 480-162 (ZA 94-148), zoning change request from AG to SF-30, approximately 575' east of Davis Blvd, north side of W. Continental. The only unique aspect of this request is that the applicant will have to request a septic system variance from ZBA since the lot is less than one acre. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 7 applicant is aware of this requirement. No opposition has been received. P&Z recommended approval 5-0. 13. Agenda Item No. 8F. 1st Reading, Ordinance No. 480-163 (ZA 94-149), zoning change request from AG to SF-1A, west side of Shady Oaks Drive, in 1200 block, . approximately 75' north of intersection with W. Highland. There are several factors involving this requested zoning change which must be brought to your attention. The zoning is straightforward, but becomes complicated due to the plat showing which, if approved would result in the creation of three (3) nonconforming situations. Again, the zoning would not be a problem were it not for the plat configuration. This is brought to your attention now so that you will be aware that if the zoning is approved, and the plat not changed, the potential for future incompatible nonconforming uses is created. (See next item below.) 14. Agenda Item No. 8G. Plat Showing, ZA 94-150, related to ZA 94-149 above. On staff's Plat Review Summary dated 1/13/95, note the comment regarding the 25' offset between the existing barn structure and the west line of Lot 4. The applicant, Robert Moss, has indicated that he is platting the property in this configuration so that he can maintain an AG exemption on the larger lot and build a house on the smaller. In approving the zoning, and in considering the plat as presented, nonconformities are created, two of which are relatively inconsequential. First, the existing barn will create the accessory use prior to the principle use. This can be eliminated if another house is built on the same lot as the barn. Second, the existing barn is larger than permitted for accessory use. Although this is technically not in conformance with the zoning ordinance, it isn't major and affects only the property the barn is situated upon. The third nonconforming situation created by the plat is one which could potentially affect someone else; the nonconforming situation created by the proximity of the existing barn on the larger lot to the smaller lot. Potentially, • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Cp• Page 8 animals/equipment/etc. kept in the barn in close proximity to the smaller lot could create an incompatible use, a nuisance, if the smaller lot with house is ever sold to someone other than the owner of the larger lot. The situation described above may be given more attention than it warrants at first glance, however, we spend considerable time responding to complaints of incompatible uses and other nuisances which we do not create, thus our awareness of such issues. If the applicant does change the plat so that the nonconforming use related to proximity of the barn is removed, the other two are not a concern. At this time staff does not know whether or not the applicant will modify his lot line layout. Note that if the applicant wants to rezone the smaller lot, it must be platted; since the larger lot will be under 5 acres, it must also be platted. Thus the dilemma. Also note that one neighbor is concerned with drainage. You may recall that the Coventry development is immediately south of this lot and our engineering staff feels like Coventry will address most of the drainage concerns for this lot. P&Z recommended approval 5-0. 15. Agenda Item No. 8H. 1st Reading. Ordinance No. 631. Perimeter Street Fee Ordinance, follows the direction taken during the City Council's last discussion on December 20, 1994. The memo in your packet from Bob Whitehead, Director of Public Works, succinctly outlines the changes which have been made. 16. Agenda item No. 8I. 1st Reading. Ordinance No. 632, Setting Speed Limits on S.H. 114 through Southlake. Several weeks ago staff met with representatives of the Fort (b. Worth District Office of TxDOT to discuss options of controlling truck traffic on S.H. 114. There were several questions we had regarding the possibility of different speed limits for trucks and automobiles, the restriction of thru truck traffic to the right hand Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 9 lane, and the installation of hazard warning signs for trucks approaching the intersection, among others. Today, we discovered that the state last night replaced all of the 55mph speed limit signs on S.H. 114 with 45mph speed limit signs. When we called the state to inquire, we were told that it was a mistake, that hazard signs should have been installed. We are not yet sure what the state's position is going to be in reinstalling the 55mph speed limit signs, however, we have a problem created in trying to enforce the speed limit because no ordinance has been passed to establish the 45mph speed limit. We are not certain that the state intends to have a 45mph speed limit throughout Southlake, nor are we certain that you want to reduce the speed limit to 45mph if permitted to do so by the state. We are certain that if the state intends to leave the speed limit at 45mph regardless of your position, or if you want to reduce the speed limit from 55mph to 45mph and it is approved by the state, then we must adopt an ordinance prior to enforcing the speed limit (i.e., issuing traffic citations for speeding). We have placed an item on the agenda (8I) so that you can take action as you consider appropriate. 17. Agenda Items No. 10A and 10B are the developers agreements for Country Walk and Myers Meadow, Phase II, respectively. The significant differences between these agreements and the standard agreement have been highlighted in the text of the agreements, and succinctly set out in the cover memos. 18. Agenda Item No. 11A, S.H. 114 Reconstruction Project, has been added as a discussion item so that we can allow City Council to seek the advice of the attorney. Particularly, Mayor Fickes and I met with representatives of Lake Turner Municipal Utility District Nos. 1, 2, and 3 to revisit the previous discussions concerning contractual relationships, etc., with other entities and the City of Southlake concerning the project. Staff needs City Council direction before proceeding. OTHER ITEMS OF INTEREST 19. The first abandoned/substandard/dangerous building public hearings will be held by the Building Board of Appeals on February 27, 1995. Five structures have been identified Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 10 for demolition and will be presented to the Board at the meeting. The buildings are located at: - 2700 Blk of S.H. 114 just west of Austin Place, south side of roadway - 710 E. Southlake Blvd. - 1310 N. White Chapel - Lot 18, block 1, West Beach Addition, Bass Drive - Lot 23, Block 2, West Beach Addition, Bass Drive. 20. Single family building permits were down considerably in October, November, and December 1994 when compared with the same timeframe in 1993. During the months of October, November and December of 1994, we recorded a total of 20.2" of rainfall in our rain gauges. Everyone is telling us this has been a major contributor to the decline. There is evidence of a recent surge upward. As of today, we have issued 24 single familypermits this month. In January 1994, we issued a total of 49. We will g continue to monitor this activity and report the trend. 21. Charter Amendments-Following the Public Forum for the Charter Amendments Election Tuesday night, January 10. Staff was given copies of literature in opposition to the amendments, which is being distributed in the community (copy attached). Prior to this, I was unaware of any organized opposition to the amendments although I have been aware of opposition to Proposition 1. I point this out because we need to start thinking about how we need to address the problems with the long Council meetings brought about by the volume of zoning actions being brought before City Council in the event the propositions fail. The bottom line is, quite simply, people have the right to petition their government and the government has an obligation to hear the people. Discussions about limiting the number of cases get us into dangerous waters. We must determine how to manage the time and still hear the requests. The obvious answer is to hold additional meetings. • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 11 There is a misconception that a Charter amendment is necessary in order for the City Council to schedule additional regular meetings. For example, the narrative under • Proposition 3 of the handout from the Southlake Coalition of Neighborhoods states that the proposition, if approved by the voters, would allow the City Council "...to schedule special meetings...thereby making it...more difficult for citizens to find about these meetings and present their concerns on controversial issues." Proposition 3 would allow the City Council to set additional regular meetings by simple vote or resolution in addition to the already established regular meetings. The City Council currently can call as many special meetings as necessary to discuss any item it needs, simply by posting a notice in compliance with the Texas Open Meetings Act. This authority is granted in Section 2.10 of the City Charter. The problem is that zoning actions are approved by ordinance, and under the Charter, ordinances "...shall be read in open meetings of the Council on two separate Council meetings which shall be a regular meeting...." The purposeof the proposed amendments would be to enable the Council to set an additional regular meeting other than the first or third Tuesday as currently provided by the Charter. (For lack of a better definition, a meeting at which a Council can hear, discuss and vote on any business necessary, including the consideration of ordinances.) Currently such additional regular meetings must be established by ordinance. I believe this point has been made enough. The proposed amendment would allow this additional regular meeting to be established on pretty much an as-needed basis. Why establish additional regular meetings by ordinance that require the City Council to meet when it might not be necessary? The Coalition's comments concerning Proposition 7 again refer to votes at special meetings. Recognizing that Proposition 7 requires ordinances be passed at two readings, the second of which must be a regular meeting, simply means that the City Council can not act upon an ordinance at a special meeting. Should the City Council today wish to establish by ordinance additional regular meetings on the second or fourth Tuesdays (or any other day), it can do so and be in compliance with the Charter as set out in Section 2.09. Again, the question relates to whether or not the City Council should establish Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 12 additional regular meetings, which must be attended regularly, i.e., until the ordinance is amended, each additional regular date established by the ordinance. Council members do have the right to continue to have a personal life as well as fulfilling their public service obligation! Although the above may read like rambling musings of a frustrated City Manager, the reality is that I am frustrated by our inability to manage the City Council's workload within reasonably productive hours of the evening, at a time which would provide reasonable access to the Council business by all members of the community who wanted to attend. We can not do this within the current constraints, however, we could consider the options to reduce your time and the public's time at Council meetings beyond some certain reasonable hour i.e., 10:00 p.m./11:00 p.m./etc. To do this there are two options: move up the time of the regular scheduled meetings to something earlier in the day (10:00 a.m./4:00 p.m./?/etc.), creating problems for Council members and citizens who work; or, establish additional regular meetings for the second Tuesday and recognize that we will hold meetings every first, second and third Tuesdays unless, as provided in Section 2.09 "...such dates fall on a regularly observed City holiday...." Please understand that I am not attempting to make a statement about the position taken by the Southlake Coalition in opposition to the January 21st City Charter Amendment Election. I believe it is my obligation to point out to City Council that our workload will increase significantly over the next several years due to requested zoning actions -- new subdivisions and resubdivision of existing properties in otherwise already developed areas. Tonight's agenda is a good example. There are seven zoning items on the agenda. Three involve new subdivisions (Versailles and Hanover) and four involve already subdivided properties in some form or fashion. As development continues and economics mandate, we will see more of the redevelopment of the smaller tracts of land. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 13 Hopefully, the above will be taken as food for thought so that we can consider ways to more appropriately serve the public interest and do so within a more reasonable timeframe, i.e., before midnight, should the amendments fail. 22. Public Works Construction Update: South Peytonville Road - The County is currently laying flex base. Paving of the road should start in 2-3 weeks. We are continuing to work with Mrs. Johnson on the construction of her driveways, a retaining wall, and on the issue of the Chinaberry tree which she has agreed to allow us to remove. Peytonville/Southridge Lakes - Temporary paving was installed over the Christmas holidays. Permanent paving will be installed within the next two to three weeks. Carroll Road- We have been assured that Sunmount is planning to begin working on the road in earnest on Monday, January 16, 1995. Kimball extension - Gradingand road work are continuing. The estimated completion g P date is early to mid March to late April. Dove Road - Final plans are due in approximately 3-4 weeks. White Chapel - Staff anticipates going out for construction bids January 23, 1995. N-4 (Wal Mart) Sewer Line - Work is proceeding on all lines. Kimball Traffic Signals - Work is proceeding. Water Line to Shady Oaks School Site - Preconstruction meeting is scheduled for next week. Summerplace Lane - Some movement of the curb has occurred. The contractor will replace the curb where broken and will also replace one driveway section that has settled since the beginning of the project. Short Avenue Signalization - Construction at the Kimball Avenue extension from S.H. 114 to F.M. 1709 is underway and will be completed by mid March to late April. The state is now in the process of removing the signalization at S.H. 114 and Short Avenue. (hir Short Avenue, from F.M. 1709 to just south of the Conoco on S.H. 114, will no longer exist. A "stop" sign will be placed on Short Avenue in lieu of a signal. Traffic from Shady Lane will no longer be able to access the eastbound lane of S.H. 114 by crossing Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 (hip, Page 14 through the Gun Barrel parking lot and crossing over S. H. 114. Traffic will however, be able to turn into the westbound lane of S.H. 114 and then make a "U-Turn" back into the eastbound lane of S.H. 114. The Highway Department will install a permanent "U- Turn" lane in the intersection to enable the westbound S.H. 114 traffic to "U-Turn" back into the eastbound lane of S.H. 114 (see diagram below). The state will initially indicate the U-Turn with orange traffic barrels. Traffic can also U-Turn at the new Kimball Avenue intersection. A message board has been placed on westbound S.H. 114 stating "Short Ave. closed -- No exit." The State Highway Department will handle the construction and cost of the "U-Turn" installation on S.H. 114. (6., 23. Corridor Study Update - The next CAC meeting is January 30, 1995 at 7:00 p.m. in the Council Chambers. We intend to discuss the urban design aspects of the corridor study. A tentative schedule for remaining meetings is as follows: 1/30/95 - CAC Meeting (Open to the Public) 3rd week of February - Public Meeting 2nd week of March - Joint Planning & Zoning Commission and City Council Work session 1st week of April - Public Hearing at P&Z meeting End of April - Public Hearing at Council 24. Sign Ordinance Update - The Commission has a light agenda on 1/19/95 and intends to spend the evening working on the sign ordinance. Depending on whether or not they would like to see a final draft before forwarding to Council, it should appear at Council on 2/7/95 or 2/21/95. 25. Carroll Middle School Gymnasium Construction Update - Work has been underway at the CMS Gym/Recreation Center. In preparation for the pier drilling, actual on-site soil • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 15 test were performed. The test revealed a dramatic difference in the subsurface soils at the Gym site than what had been anticipated (because of recent soil testing information from other additions to the Middle school). The Gym site soils will not meet compaction tests that are necessary for the gym foundation as originally designed. The architects, engineers and testing technicians are looking at various redesign options for the gym foundation. We are hopeful that the overall costs for the project will not be increased, or that other features reduced in order to construct proper foundation within estimated cost. We will have a better feel next week, however, we felt we should bring this to your attention at this time because of the number of people who are aware of the situation and rumors that could be circulating about higher costs, design flaws, etc. We want to assure you that our staff and the CISD staff are acutely aware of the need to stay within cost and within the scope of the project while assuring structural integrity of the facility. (19 26. Traffic Accident on S.H. 114 - Please see the attached memo from Director Campbell regarding the most recent accident involving an 18-wheeler on S.H. 114. 27. FYI -- The SPIN Standing Committee will hold its monthly meeting on January 26, 1995 at 7:00 p.m. in the Council Chambers at City Hall. We are planning to schedule the quarterly joint meeting with the City Council for February 23, 1995. Please let Shana Yelverton, Assistant City Manager, know if you have suggestions concerning the content or format of the joint meeting. 28. FYI -- The Southlake Parks and Recreation Board recently elected new officers. I am pleased to report to you that Rod Johnson has been elected Chair, Vicki Johnson, Vice Chair, and Carol Lee Hamilton, Secretary. Janet Murphy, who has served as Chair of the Park Board since January 1991, elected not to pursue another term as Chair, but will continue to serve as a member of the Board. A special presentation will be made to Ms. Murphy Tuesday evening in recognition of her service to this community. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 13, 1995 Page 16 Please note that Janet will continue service on the Southlake Park Development Corporation. The bylaws specify that one member of the SPDC be a Park Board member, but do not specify that the person must be the current Chair. 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J o ...) u y Q Q `' ? a o N a 8 - Oac C O N in o O O O G O ni c,. - r � V - a w u `o 2 a 2j c q L G. 0 a a <1 - c ■ Q In o=o � i t t t oso •P. vibe a: Z.... m a rn y h Z.... n C. ei a a c la C c c c 'c ci a L. e o L .0 G N� Dy 0 ao sQ a. � - e. V -.... 7 - - I- a e V N N N e V N N N �.O Z - C� u u c - o c, - o L. n n .A s o A .n _ -< a J =g•v - C '• .. •.I VI G O O - F `o N so- _ -� _ e. N N Z C - 1 Q _ - - V a, - i _ L G. __ L. a /_ e0 a L u -0 •-c=N - E 7 y 3 7 y Ie r. f OC C C 'Q 0 y 9 f u i. tu. V O - - jq CL u Cr v r =`-t c o c7 ca. Li r `� V .. L. u v e V j A —y y c a a E o , The Southlake Coalition of Neighborhoods is a citywide organization dedicated to the continuous improvement of the quality of life in our city. Vote January 21st 7 a.m. to 7 p.m. City Charter Amendment Election Proposition 1 - Election of the City Council NO At this time the City of Southlake cannot afford to limit qualified candidates who may be excluded from running for election due to districting. This type of elective process is found only in much larger cities. The districts firmly specified in the amendment were hastily developed and may actually work against the benefits implied.Since there is no urgency posed, it should be studied further. Proposition 2 - Deputy Mayor Pro Tern Neutral Proposition 3 - Regular City Council Meetings NO This allows the city council to schedule special meetings through a simple vote or resolution in addition to their regular meetings. This could make it more difficult for citizens to find out about these meetings and present their concerns on controversial issues. Proposition 4 - City Council Voting NO (0,, The proposed system to electronically record the city council members votes as a group may not allow those in attendance at city council meetings to know the positions of individual council members. The meeting minutes recording individual member votes are available two weeks later by request only. Proposition 5 - Code of Ethics and Conduct YES Proposition 6 - Municipal Court Judge Neutral Proposition 7 -Adoption of Ordinances NO This proposition would enable the council to vote on an ordinance or a controversial issue at a "special" meeting(see proposition 3). The current charter requires that any ordinances be adopted only after reading at two separate regular council meetings. Proposition 8 - Master Plan NO This itemizes the elements of the Master Plan and lengthens the time between required reviews and updating. We feel that a current comprehensive and integrated city plan is essential for managing the city's growth and improving the quality of life. Proposition 9 - Conformance with State and Federal Law YES tiw Proposition 10 - Clarifying Language and Improving Grammar YES • City of Southlake,Texas MEMORANDUM January 11, 1995 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: CMS Gym/Recreation Center Construction Progress Update Soil testing of the gym site has unveiled a serious design problem for the construction of the gym. The design architects and engineers used recent soil testing information from other CMS additions to design and bid the new gym. Before pier drilling began, actual on site soil test were performed that showed a dramatic difference in the sub-surface soils of the gym site. The gym site soils will not meet compaction tests. The contractor, Ridgemont, has been ordered to stop construction today, January 11. The architects, engineers and testing technicians are looking at various options of redesign to solve the problem. Staff is concerned that the quality of the structure not be compromised and that the cost not be increased, if at all possible. I am working with.Warren Anderson, CISD's Project Manager, to review options. We are targeting Monday, January 23, to review and consider options with staff. If you have any questions, please call me at extension 757. 1-j4Ødcotro L City of Southlake,Texas C t, t,1 I o MEMORANDUM January 11, 1995 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Accident on Highway 114 - January 6, 1995 At approximately 9:43 p.m. on January 6, 1995, a Merchants Motor Line, 18-wheeler was travelling east at the intersection of Highway 114 and Carroll. This unit was stopped at the intersection during a red light. After the signal light turned green he preceded through the intersection. Approximately 74 feet east of the intersection, a Martin Marquez of 1615 Randol Mill, Southlake, Texas, struck the rear of the 18-wheeler. Mr. Marquez laid down 29.25 feet of pre-impact skids. After impact he free wheeled approximately 162.33 feet in a gradual curve to come to rest next to the parking lot on Baird's property. Mr. Marquez.suffered head trauma after being thrown into the windshield. All lights on the trailer were functions property and witnesses stated that Mr. Marquez was in their opinion speeding. Mr. Marquez was Careflited, but is currently in good condition. BC/mr wplMemotAccident.114 City of Southlake,Texas Cie MONTHLY ADMINISTRATIVE CALENDARS AND DEPARTMENTAL REPORTS December 94 Building 4-A Community Development 4-B Complaints 4-C Municipal Court 4-D Public Safety 4-E Public Works 4-F Street/Drainage 4-G Utility 4-H Park 4-I (h. Finance 4-J Administration 4-K el (lip' -- as U -, En! a o so enM b 7 O b N-. ,n m N v-j ‘.0p N — v O ) O O 0 0 O. Cl N '0 ,0 O a U N .r h O O` .-r NM N , O N O -• 0 Orn 0 N b VO y �O N V 00T N M 7 O N 'Cr F; W in a a a N — — - — O a, ---. vl as - N '0 N ch M M M N V — — 0 .ter A .r vt v M N O. CO ut N M V a .0 O °; v0i '• E. os F ?; — aa w L.7 Cr W CT N N M N M — � M '^ N v as ' v o — — v1 QW {3i� - A vNi ^ `^ — N cEv - o CD vvi ^ — N 00 .a a - . 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N 1 = t(lir 0 g ACI CD WW ›., � a F i aa Uia wa rN 00 ° � � = on - z r-i 4t a za' : w oo c4A 0 0 0 a,c:n a w won wZ wl M4 0. w 4 4 Wga s .g w ,..) w 0 A w wu) 0 op 0:1 U '-4 17 i1� A City of Southlake,Texas COMMUNITY DEVELOPMENT DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 31 DECEMBER 1994 ZONING $ 690.00 NO. OF CASES (3) PLATTING 2,920.00 NO. OF CASES (5) SPECIFIC USE PERMITS 0.00 NO. OF CASES (0) BOARD OF ADJUSTMENT 600.00 NO. OF CASES (3) (pe MISCELLANEOUS INCOME 351.85 NO. OF CASES (31) TOTAL REVENUE $ 4,561.85 TOTAL NO. OF RECEIPTS (43) C:\W PRREPORTS\REV NU-94.l2 (‘-e3- s;x a • o yd.a.. ..,:ym Ey:a a. cn O " CD bq C '(..., . o N Oen cn a.) N I. '0 0 Q 0 O a r,.. N O v.) A a w o cr, •N 0o >, vi a.; U • 0 ij U 5N O L-, U-r Q 111 • • 3-4 I b 'd• c.i cd g eLo O�+O :. z .. rn U NO •N 0 0 Cd 3: z > U t O 0 o .O b0 • y 'd �E-1 OOH > U 0 -a ; . 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O .0 - O 'b y „d N •0 U O p N N d) •N c/� U c � .-1 "1 0czi bA Cr P-1 N O C z w E U Q a4 ¢ w W w A o 0 0 0 0 0 0 z U W Wa L31 l,..... 010 j W H A rn rn rn rn rn rn ON O\ ON ON ON ON O\ ON qq d � 0 U N 'b a 0cn cd V) •,z N C cd U = a. a a A i0 0 ' •0 0 N • Y - a a a t. ai `) 0 O O 0 , abi 0 v/ v/ CI N y A v) a C 4) a) 0 S cu 'cs 41)) 0 0 a G a: O�y a N a H a ,— �� - N N ' 1(4J a-3 MUNICIPAL COURT MONTHLY REPORT DECEMBER 1994 L TRAFFIC NON TRAFFIC Non State City ' ' Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 501 0 83 8 592 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 176 0 11 4 191 C. Cases Dismissed 65 0 0 1 66 3. DISPOSITIONS AT TRIAL: • A. Trial by Judge (1) Finding of Guilty 1 0 1 0 2 (2) Finding of Not Guilty 3 0 0 1 4 B. Trial by Jury • (1) Finding of Guilty 0 0 0 0 0 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 0 0 0 0 0 (imp,. CASES DISMISSED: A. After Defensive Driving 85 0 0 0 85 00 B. After Deferred Adjudication 128 0 7 6 141 C. After Proof of Insurance 34 0 0 0 34 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 35 0 35 0 70 TOTAL REVENUE COLLECTED: CITY S14,721.00 STATE 8,721.00 TOTAL 23,442.00 C MUNICIPAL COURT MONTHLY REPORT NOVEMBER/DECEMBER 1994 COMPARISON L SEPTEMBER OCTOBER • 1. NUMBER OF CASES FILED: 726 592 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 168 191 C. Cases Dismissed 124 66 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 4 2 (2) Finding of Not Guilty 0 4 B. Trial by Jury (1) Finding of Guilty 0 0 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 87 85 (yeB. After Deferred Adjudication 108 141 C. After Proof of Insurance 61 34 5. CASES APPEALED 0 0 6. WARRANTS ISSUED 23 70 TOTAL REVENUE COLLECTED: CITY $15,356.50 $14,721.00 STATE 8,621.00 8,721.00 TOTAL 23,977.50 23,442.00 C SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT December, 1994 (re POLICE SERVICES Citations Issued 639 Residential Burglaries 2 Arrests 38 Business Burglaries 7 Traffic Accidents 21 Vehicle Burglaries 5 Alarm Calls 140 Assaults 5 Animal Calls 64 New CID cases assigned 39 Thefts Under $1, 500 11 CID Investigations Cleared 33 Thefts $1, 500 and up 6 Active CID Investigations 20 FIRE SERVICES Residential Fires 3 Ambulance Calls : Commercial Fires 5 Vehicle Accidents 11 Other Building Fires 0 Non-accident EMS 30 (hipe Vehicle Fires 0 Total Patients Transported 21 Grass Fires 6 Grass/Weed Complaints 0 40 Fire Alarms - False 17 Burn Permits Issued 2 Fuel Spills/Leak 6 Pre-fire Inspections 16 Other Haz-Mat Calls 0 Building Plans Reviewed 15 Bomb Threats 0 Other Fire Calls 19 SUPPORT SERVICES Total Police Service Calls 818 Total Training Hours : Total Fire Service Calls 54 Police 48 Crime Prevention Surveys 4 Fire 32 Total DARE Classes Taught 33 Communications 18 Warrants Received 56 Volunteers 0 Warrants Cleared 6 Total Personnel Trained 36 Total Warrant Collections $ 897 9-1-1 Hang-up Investigations 5 ................. ................. ................ ................. ................. >r 1 >1 >1 . . 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O F r0 M .4 'CJ O .1 'I 7 E D b o 8 c o i o 0 0 o a r.r. e a 8 8 8 8 � e W Ci) Q o 0 A S 0 0 a a C5 ,i ,i ci vl eh' H P [-. F 3 3 c City of Southlake,Texas MEMORANDUM January 09, 1995 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department December, 1994. Description Nov Dec 1 . Tons of asphalt used a. Hot Mix Asphalt 15 16 c. Cold Mix Asphalt 100 100 d. Base Material 200 50 2 . Lane Miles of Road Repaired 100 100 3. Number of Street Signs Repaired or Replaced (all types) 37 39 4 . Feet of Ditch Line Cleaned and shaped 800 900 5. Number of Vehicles Repaired 0 0 6 . Row mowed in miles of streets 25 0 7 . Man hours used flagging for County on S. Peytonville 38 38 BP/cbk L q- _ UTILITY DEPARTMENT REPORT MONTH December, 1994 (kW Nov Dec GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 42,440,000 42,289,000 TOTAL PUMPED AND PURCHASED 42,440,000 42,440,000 WATER METERS SET 38 39 NEW WATER TAPS MADE 2 4 VALVES REPAIRED 3 13 VALVES TESTED 7 24 FIRE HYDRANTS INSTALLED -0- -0- FIRE HYDRANTS REPAIRED 10 9 FIRE HYDRANTS FLUSHED 27 59 DEAD END WATER MAINS FLUSHED 31 35 WATER MAINS REPAIRED 3 2 WATER METERS AND SERVICE LINE REPAIRED 2 2L LOCKED METER FOR DELINQUENT PAYMENT 5 2 PULLED METERS 1 3 ft METERS REPLACED 27 27 MISCELANEOUS WORK ORDERS 246 313 SEWER LIFT STATIONS CHECKED (4 L.S. ) 80 80 REQUIRED MONTHLY SEWAGE TESTS 8 10 SEWER PLANT MAINTENANCE (BANK & DOVE) 42 40 SEWER MANHOLES INSPECTED 4 9 MISCELLANEOUS PROJECTS 0 0 G WATER SUPERINTENDENT L DIRECTOR OF PUBLIC WORKS , 4 H N i / = 0 '- - # Q 20 m _ � 3 1 00 c - a 2 - _ _ / & E L ` * k 2 � . . ( . 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Y 0 a <:€ Ez:::: ao ai a 14 o o cUc ,. �, U u u u 5 .N PP, „bz , GENERAL FUND Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended December 31, 1994 with Comparative Actual amounts for the period ended December 31, 1993 (unaudited) Percent Actual Percent 1994-95 Month Year to Date Collected/ Year to Date Total Collected/ REVENUES Budget 12/31/94 9/30/95 Expended 12/31/93 9/30/94 Expended Ad Valorem Taxes $2,325,950 $178,655 $378,640 16.3% $719,154 $2,185,256 32.9% Sales Tax 1,233,000 52,359 142,309 11.5% 150,031 877,615 17.1% Franchise Fees 418,040 2,773 209,318 50.1% 154,415 400,036 38.6% Fines 242,400 14,751 42,128 17.4% 57,220 231,952 24.7% Charges for Services 80,000 1,898 16,587 20.7% 14,824 53,786 27.6% Permits/Fees 1,941,350 104,711 355,011 18.3% 360,112 1,680,918 21.4% Miscellaneous 41,750 1,111 8,898 21.3% 6,194 32,927 18.8% Transfer In-Other Funds 496,360 0 0 0.0% 0 159,446 0.0% Interest Income 90 000 7 029 22.226 24.7% 16 580 100,848 16.4% Total Revenues $6,868,850 $363,287 $1,175,117 17.1% $1,478,530 $5,722,784 25.8% EXPENDITURES City Secretary $194,598 $26,504 $44,439 22.8% $33,411 $212,832 15.7% City Manager 314,533 25,503 72,127 22.9% 39,090 200,839 19.5% Economic Development 117,245 4,612 13,159 11.2% 0 0 0.0% Support Services 642,785 51,634 237,423 36.9% 146,623 616,620 23.8% Finance 265,640 24,948 55,163 20.8% 70,133 263,764 26.6% Municipal Court 203,990 21,269 44,931 22.0% 29,212 158,793 18.4% Fire 784,663 49,558 150,024 19.1% 125,612 725,817 17.3% Police 1,249,070 75,125 207,586 16.6% 202,934 1,049,060 19.3% Public Safety Support 690,080 30,929 137,167 19.9% 89,477 447,029 20.0% Building 375,155 21,339 62,365 16.6% 42,937 261,906 16.4% Streets/Drainage 997,072 141,458 260,773 26.2% 83,427 1,222,309 6.8% Parks 264,160 15,306 39,238 14.9% 31,829 199,627 15.9% Public Works Administration 360,495 26,343 61,042 16.9% 38,547 137,192 28.1% Community Development 371.712 29 729 63.433 17.1% 50,315 281.202 17.9% Total Expenditures $6,831,198 $544,257 $1,448,870 21.2% $983,547 $5,776,990 17.0% Excess(deficiency)of Revenue over Expenditures $37,652 ($180,970) ($273,753) $494,983 ($54,206) OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $414,180 $0 $0 $720,827 $565,827 Transfer to Infrastructure ($820,026) $100 000 $150,000 S0 Excess(deficiency)of Revenues and other sources over Expenditures ($368.194) ($123.753) $1.215.810 $511.621 FUND BALANCE OCT 1 $1,838,169 $1,838,169 $1,405,310 $1,405,310 Net-Reserved for encumbrances 0 0 78,762 78,762 ENDING FUND BALANCE $1.469.975 ,$1 714.416 $2.542.358 $1.838.169 In N .-1 H H I W W U' H 4 Q H Z H a N Q I 1111 I I I I W W NHHM O W N ON 000 W 00ONM NOOOOID 0000o OOOO 00 H N,,,777 U...��� aN 00 001 W 00 U101a N OH O N M 00 a 00 a O M 00000000 00 Q1neNOOCM om IDUIN ID ON oaM ana0Hn aloaa00NInMO 00 N Na01101 UI OH InN aNr, H ON ONH W Hbl W W W N VI W OONN0H O N Wx ID W NIDm W n W r ID IDN ID 0.0 oaa a W NIlla In m0a On %Do HH nHnOONCI 010 fOHO H n In0 M M V.H.MMNMN H aN oommrmoo Ha a 0 H M HAD In oH�n 0 W H 0 N H N 0 H H H H M H 0 W W 0000000 00 000 0 0 000 0 0000 00 00 00 HD 00000010 U101 000 0 0 000 0 0000 00 00 00 W0l000mon Wm oaa 0 0 000 0 0 0001 ON ON HH H> 00 UIM 01n10 0ID ONN In M In H0 0 ID O.DH H WM H aMlnIr V'W Hr.. a a H a H W m NaIDH .D In H H N N Cl N N N H H W N H m H W # .7 ID NHN N 01 W NNN M a 111H V' W IDON W M 00 Ni adP # Q HNMH NW H HMH N N N H H H N m H a ON 01O # dP N .4 \0 # H • # a M0 W H\N H x W N OH 0 HN M 1 0.0 zx 1 InZZ O m0101n NW W OU1UI a 011 W n W o000aH000 0000 00 W W Z 14 Inn0110 0.-I o1 0O0 N OH r.D o1O a00 U101HO0 0000 00 Qi.1 # NMN O1 NID .D maN m On U11D Nr a01HN NmIDa N1nn0 OO G.W04 # 'J N In H 0 WM ID IANN W ON NW HHID(W HHnaW NN O1.-1 OM o HO HIn ... 0 NHNm NO N mNH m 0ID U1. .n Wrinaa'Daa co a N W H # 4 m W n N N n O H N m N ID 0 a H M M N N M a H H 0i W M N Ha H01 m a a H H C. 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Ei O C L O C l O 6 CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended December 31, 1994 and December 31, 1993 (unaudit.d) Percent Actual Percent 1994-95 Month Year to Date Collected/ Year to Date Total Collected/ REVENUES Budget 12/31/94 9/30/95 Expended 12/31/93 9/30/94 Expended Water Sales-residential $2,970,000 $143,653 $558,516 18.8% $463,874 $2,627,966 17.7% Water Sales-commercial 612,000 38,991 126,802 20.7% 105,390 452,386 23.3% Sewer Sales 432,000 36,410 114,354 26.5% 74,595 371,706 20.1% Sanitation Sales 432,000 30,700 91,817 21.3% 80,831 344,140 23.5% Other utility charges 391,000 17,577 64,051 16.4% 82,802 373,733 22.2% Miscellaneous 51,600 173 35,848 69.5% 25,632 108,558 23.6% Interest Income 75,000 8.674 24.784 33.0% 15,118 74859 20.2% Total Revenues $4,963,600 $276,178 $1,016,172 20.5% $848,242 $4,353,348 19.5% EXPENSES Water $2,748,041 $133,242 $393,378 14.3% $245,801 $2,276,184 10.8% Sewer 901,797 50,335 112,273 12.4% 285,285 700,170 40.7% Sanitation 388,800 27,841 54,677 14.1% 48,230 304,485 15.8% Debt Service- Revenue Bonds 78,525 0 22,042 28.1% 20,475 81,901 25.0% Other-Line Oversizing 0 0 0 0.0% 8,265 22,488 36.8% Transfers-other funds 1.300.084 8.953 8 988 0.7% 0 269.613 0.0% Total Expenses $5,417,247 $220,371 $591,358 10.9% $608,056 $3,654,841 16.6% Net Income/(Loss) ($453.647) $55.807 $424.814 $240.186 $698.507 in a) N r-I \ Cl ri I W CO C7 4 a A El Z H Z a A I I I W W 00 MOWN Cl s O 10 s O U 1 OW OW NI., N N EA N U a s Cl 0 W N CO O s O r i CO O n O co O O Cl M 01 01 o1.a U)U1 10 O M10 n 01O to U)0 ri ON OM 1010 O 0 a rµWWy W W aOWM Cl WHO.i if1 t110 00 CO"M H./ O 0 f+� a 131 00 .-1 1A a W .i.i n N O n Cl 0�1(1 �0 N N '0 10 (� Z v c 01 0% U1 T. 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I- pN I--• 101OO d§ .9 N00000^OO1 d H .O-.N M 8 01 d 3 N W Z 2 Cl CITY OF SOUTIILAKE SALES TAX REVENUES six year comparison 1994-95 collected budget balance budget to date balance percent $1.233.000 $209.293 $1.023.707 83.03% FISCAL FISCAL FISCAL ;FISCAL FISCAL; FISCAL': YEAR YEAR %Inc :YEAR. :::: %Inc YEAR %Inc YEAR %Inc YEAR ` %Inc MONTH 89/90 90/91 (Dec) 91/92 (Dec) 92/93 (Dec) 9:3194 (Dec) 94195 < (Dec) October !iii.$31:::,."776 $44,t081: 16.7% $46,73:1; 6.0% $50,956: 9.0% $99,408 95.1% $89951' -9.5% November 24,573 37,117: 51.0% 27,929; -24.8% 42,126 50.8% . 50,623s; 20.2% 52099 . 2.9% December 21052 .28,464 35.2% 33,273; 16.9% 33,850: 1.7% 7:0,155; 107.3% 67 243: -4.2% January 34,463 47,106.. 36.7% 40,012; -15.1% ::67,713 69.2% . 106,541 57.3% 0.= February 25,594 22 487 -12.1% 40,100 78.4% 39,351 -1.9% gi5.7.•:.A1.9A 47.0% 0 March 30,657 32,955:> 7.5% ENX.I.A88; 13.8% 44,176 17.8% 59978 34.4% 0 April 37,201 41445 11.4% 57,543' • 38.8% 68,664r 19.3% 87,438 27.3% 0; May 31,501 36 627> 16.3% 41020; 12.0% 54 623 33.2% 58;291 6.7% 0; June ngni44T 37,894: 1.2% 43,105 13.8% 52 027; 20.7% g 59,577 i 14.5% 0 July 51,374 47,017 -8.5% 51,357: 9.2% 80,567; 56.9% 94,1 57 16.9% 0 1,9 August 369 35,951; 12.5% 48,731..: 35.5% 48,290; -0.9% 58,980 22.1% 0 September 32.499 37,004 13.9% 42 74 15.5% 54 395< 27.3% 75.228! 38.3% 0. TOTAL $396,106 $44$,148: 13.1% $5•10,036i; 13.8% $636,738 24.8% $877,615 37.8% $209,293i: -4.9% SLSTAX95.WK4 REPORT DATE 01/13/95 • First month of 1/2 cent additional sales tax. CITY OF SOUTHLAKE SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX REVENUES 1993-94 collected budget balance budget to date balance percent $616.500 $104.646 $511.854 83.03°/Q FISCAL FISCAL YEAR YEAR %Inc MONTH 93/94 94/95 (Dec) October $0 $44,975 n/a November 0 26,049 n/a December 0 33,622 n/a January 0 0 February 0 0 March 0 0 April 0 0 May 29,145 0 June 29,788 0 July 47,079 0 August 29,490 0 September 37 614 0 TOTAL $173,116 $104,646 SISfAX95.WK4 01/13/95 t 0 bo 4 L . •Ect ..., as1-' o c 0 o obyb • � ..c ° U . a a) 6o• 1-1 °�' a 0 r. •ti d 0 3 0 °� ai 0 b Csi es N cFr i. 0 0 1. i< E N E. .a O .V. Ill s0. . at el) `n 0 �' 0 `n a by cn O S by as al ' .-+ • O a) .. • cn . a- 0 c4., .d 'C ►-, bi) bop 61 al 0 0 ti t a . , oo+ 'r, 0 ^' O 0 b ccn c� 0 •O a'4 O O U 5 x °� cl 0 ai az b a '0 .5 a by i. 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O 1-4 "' ° a 0 a) to c $. 4-1 cn a.) o O (I)O 0 . 4. >, 0 k a) ▪ i cu 0p a a4 w O o — 41 w 0 X 0 0 0• . w Ar W cZI U U f:4 'U 0 JD d H O O v'1 W U rn U >4 al rn W to Kr. in v) 0 t,1 • I-( E-� rn o� _ o Oil 0 ON °` = � A W , �' d � d z d 0 .s U 0 0 4-4 •o -d •a o .5 4-4a) ar d U 0 d w U +-, O 0 t cn c a a) a) W U U E U cz a) $ O a) o Pt 0 a.> . a) i A 4 A C L y vi 146 t--: 06 Z. 1 ci • O to 4) r 0 O Lse • .9, .9 .-; a b 4) 0 O (NIU b4 o "CIa, aU a a .., :, E o O aU 'T 0 CI).14 o oo a �W o Ig ri•' w U a A b w 0 a4 W .E o o ° a o go' o o z kr) 0 0 Iwo W � E U E rn ° C' .8 Siosio: cd a) p F, C Z 4 a 4 Lw0 Ew ' Q rn rn ti o al oa m I (4-4w U �o .0 '-4 O 0 '47-1 O 4a 0 b '004 'Z U O 03 O U Qom : V i �+ = b > a tv A (t ‘.,o 0A a dU cn o o a; p4c% › -� 0 , 03 W 4 a ' `4 U a.) $ .r f4 O . � L > cd a4 9 as a cL . ad � A ° (1'' C.) .--, ri cri � v; 3 4 City of Southlake, Texas MEMORANDUM January 9, 1995 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Consider Approval of Extension of Contract Bicentennial Park Expansion - Phase I Attached is a letter from Dean Construction requesting a 30 day extension to his contract due to the above normal rainy weather of October and November. JT Dunkin & Associates have reviewed his request and recommend a 34 day extension to the contract. Staff concurs with the recommendation of a 34 day extension due to the abnormal rain conditions. Dean Construction still wants to complete the project by August 1995, and if the weather cooperates in the Spring and Summer he believes he could. But according to our contract and the abnormal rain conditions of October and November, he needed to request the time extension now. The City Council and SPDC need to consider extending Dean Construction's contract 34 days, which would make the new substantial completion date September 22, 1995. If you have any questions please feel free to call me. KM L .-/9 4 EEC 20 '94 89:12 J T DUNK IN & ASSOC F-RX# 553-5 r 81 P.3 1 DEAN ELECTRIC INC• . Tot HAU.ST. R.O.BOX 327 CEOAP HILL TX 75104 (214)291-7153 December 14, 1994 • J. T. Dunkin & Associates, Inc. 9876 Plano Road Dallas, Texas 75238 Attn: Mr. Bob stoffels Re: Bicentennial Park Dear Bob: Pursuant to the terms and conditions of our con- tract for the construction of Bicentennial Park for the City of Sruthlakej we. are requesting an extension to our contract for thirty (30) calendar days. Due to conditions beyond. our Control, namely the weather. It has rained or been too wet to Le work for thirty-four (34) days since October 17th. Also certain •( loose ends) namely, boundary work and easements, that impacted the start of this project. This requested extension is for the time, October 17th to December 1st. 1994 . Sincerely, DEAN BLEGTRIC, INC. dba DEAN CONSTRUCTION M. W. alpern Vice-President MWH/jd • • %/7 "M • J. T. Dunkin & Associates, inc. L. Urban PlaaMng end Lend$cepe Architecture • December 20. 1994 Kim McAdams.Park Project Manager Parks 11. Recreation Department City of Southlake 661 North Clarrdl Avenue Southiake,Texas 76092 Dear Kim: . Enclosed is a copy of Marty Halpem's letter requesting an extension of time on the construction contract for Bicentennial Park Expansion, Phase L The request reflects an extension of thirty-four Loy days. The extension covers delays due pdmarily to rain and wet conditions with delays due to establishment of property comers end acquisition of easements adjacent to Sou hlake Blvd. (F.M. 1709) contributing slightly. It is recommended that the thirty-four day extension request be considered favorably and the contract time be extended accordingly. With the Inclusion of this extension of time, the date cf substantial completion becomes September 22, 1995. • If I can be of further assistance,please calL Since( y. / Ji Bob Stoffels, AS • xc: Marty Halpern (ler 9876 Plano Road Dallas, 7hrxas 75238 214-5534778 - City of Southlake, Texas - MEMORANDUM January 11, 1995 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Resolution to apply for a grant from Texas Parks & Wildlife Department Texas Parks & Wildlife Department has a 50/50 grant available to cities for park land acquisition and development. The grant application is due January 31. Announcement of grant awards are presented around June 1995. The maximum grant award is $500,000 from the state's sporting goods sales tax, with the city matching $500,000 in cash from our 1/2 cent sales tax. Cities may take up to three years to complete a grant project. The grant application will be a $1,000,000 project, with land acquisition only. The grant application will include funds to acquire the land in the West Beach area that we do not own. The attached resolution authorizes the City Manager to apply for the grant and dedicates the park land for public park and recreation in perpetuity, a grant requirement. Since the matching funds will be the 1/2 cent sales tax, SPDC and the City Council need to approve the resolution. If you have any questions, please call me at extension 757. y &dCeGvw4O RESOLUTION NUMBER 9.1--dv AUTHORIZING APPLICATION TO TEXAS RECREATION&PARKS ACCOUNT PROGRAM(TRPA) A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT",DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR,ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "program" (Section 24 of the Parks& Wildlife Code) for the purpose of allowing the political subdivision of the State of Texas to participate in the Program;and WHEREAS,the"Applicant"is fully eligible to receive assistance under the"Program";and WHEREAS,the"Applicant" is desirous of authorizing an official to represent and act for the"Applicant" in dealing with the"Department"concerning the"Program"; BE IT RESOLVED BY THE"APPLICANT": Section 1: That the"Applicant"hereby certifies that they are eligible to receive assistance under the"Program". Section 2: That the"Applicant"hereby certifies that the matching share for this application is readily available at this time. Section 3: That the "Applicant" hereby authorizes and directs its City Manager to act for the "Applicant" in dealing with the"Department"for the purpose of the"Program",and Curtis E.Hawk is hereby officially designated as the representative in this regard. Section 4: The"Applicant"hereby specifically authorizes the official to make application to the"Department" concerning the site to be known as the NORTHEND PARK in the City of Southlake for the use as a park. That the NORTHEND PARK is hereby dedicated,upon completion of the proposed acquisition, for public park and recreation purposes in perpetuity. Introduced,read and passed by the affirmation vote of the Southlake Park Development Corporation for the City of Southlake on this 17th day of January, 1995. Stephen Apple,President SPDC ATTESTED Introduced,read,ratified and passed by the affirmation vote of the City Council for the City of Southlake on this 17th day of January, 1995. Gary Fickes, Mayor ATTESTED L City of Southlake,Texas MEMORANDUM Coe January 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to Request Proposals for Aerial Photography This request for proposals (RFP) is the second step in developing a comprehensive Stormwater Master Plan. The first step being the Critical Drainage study by Cheatham Associates, which is 95% completed. The RFP is for providing aerial photographs and topographic maps and information for the entire city. The third step is planned for the Fiscal Year 1996 budget to develop the actual Stormwater Master Plan based upon the topographic information and critical drainage study. The RFP for the aerial photography and topographic information will allow staff to proceed in bringing to Council an agreement in February for the aerial flights, which need to be flown before the leaves are on the trees. We expect the maps to be produced by the fall of 1995. The aerial photography is different from the photography done in the past. Previously the photograph was a one shot or mosaic for display only. The RFP will require a series of photos to be taken at overlapping angles in order to provide the stereographic information and maps. In addition the maps and information produced is the first step of many for the ultimate development of a Geographic Information System (GIS). A GIS is a management tool which is computer based. A GIS provides the user with the ability to manipulate and combine various data from files and maps to meet a particular need or question. The computer stores this data in various "layers", such as; topo graphical, street system, water system, building "footprints", property lines, right-of-way, etc. Each layer can then be called up or overlaid with others to provide information in a visual manner. BW/sm wp files\wthead.mem\topo.rfp L City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Recommendation for Contract Award of 1994 CDBG Project 12" Water Line Installation in Randol Mill Ave. Please find attached a bid tabulation and recommendation from Cheatham and Associates concerning the above referenced project. The recommendation includes awarding the contract to Wright Construction in the amount of$113,647.80. This amount includes $108,647.80 of County grant funds and $5,000 from the City of Southlake. The bid amount for the entire project was $181,194.40. The engineers typically include more project in the bid documents than they expect to receive funding for, and then the bid amount is reduced by bid item to the point it optimizes the grant funding available. The recommended contract award amount ($113,647.80) was derived based on the desire to maximize the CDBG funding for the 1995 and 1996 CDBG projects within Southlake. Some relevant issues include the following: • The City does not have an eligible project for 1995 within the CDBG target areas, other than this water line. Staff does intend to bring to Council a recommendation for projects in the 1996 funding year which might include various utility and paving improvements in the target area. We cannot include these in the 1995 program because all needed R.O.W. is currently private and R.O.W. acquisition is not eligible for funding. • Tarrant County has stated that unused funding from one year could be carried over to the next year if the amount was greater than $10,000. • Subject to direction by City Council, Staff would pursue the needed R.O.W. dedications in 1995 in time to apply for the 1996 funding. • Council previously approved City expenditure of$15,000 towards the 1994 project. We have discussed with the County the concept of only spending $5,000 towards the 1994 project and utilizing the remaining $10,000 as a contingency fund for 1994. The County feels this is appropriate since we are not going to have a 1995 project which will utilize the full available funding. • Your next item on the agenda will be the authorization for staff to submit an application for the 1995 CDBG program. This will include the remainder of this water line,with the unused funding to be carried over to the 1996 program year. Lie City of Southlake,Texas With these understandings,Staff would recommend the award of the contract to Wright Construction in the amount of$113,647.80. This issue has many interrelated facets. Please feel free to contact me if you would like further clarification. GL/bls enc: Cheatham Recommendation Letter Dated 1/11/95 G:\WPFIPROJECfS\CDBG94\MEMOS\BID-WATR.WPD L "Da CHEATHAM AND ASSOCIATES January 11, 1995 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Community Development Block Grant Project Covering Construction of 12" Water Distribution Lines, Fire Hydrants & Appurtenant Work City of Southlake, Texas B94-UC-48-0001-60-15 Job No. 001-419 Dear Mr. Whitehead: Bids for the referenced project were received on December 21, 1994, at the offices of Tarrant County, Community Development Division. A total of five (5) construction firms submitted bids as follows: Le Order of Bids Bidder & Location Total Amount Base Bid 1. Wright Const. Co., Inc. $ 181,194.40 Grapevine, Texas 2. J.C. Evans Const. Co., Inc. $ 216,585.40 Irving, Texas 3. Radich Const. Co., Inc. $ 221,243.00 Lillian, Texas 4. Tri-Tech Const., Inc. $ 241,983.60 Ft. Worth, Texas 5. Atkins Bros. Equipment Co., Inc. $ 265,865.00 Grand Prairie, Texas As evidenced above, all of the bids submitted are in excess of($123,664.00) funds available for construction. Accordingly, we recommend that the contract for the referenced project, based on the lowest net bid amount, be awarded to the firm of Wright Construction Co., Inc. of Grapevine, Texas by utilizing Deductive Alternate No. I and also a portion of Deductive Alternate No. II, sufficient to bring the anticipated construction costs within the available funds. It is further recommended that the proposed construction of improvements be extended continuously from beginning of the project to Station 30+30 for contract amount of $113,647.80. This would provide a construction contingency amount of approximately $10,000.00. We have found the Wright Construction firm to be both reputable and fully qualified to construct the project. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200•Arlington,Texas 76011 817/548-0696 • Metro 265-8836•Fax 817/265-8532 Mr. Bob Whitehead, P.E. January 11, 1995 Lie CDBG - 001-419 Page 2 We will be ready at any time to answer any questions concerning this matter. We enclose a copy of the bid tabulation for your use. If we can be of further service in this matter or answer any questions, please advise. Respectfully, Eddie Cheatham, P.E. \cdbg.419 Enclosure - Detailed Bid Tabulation cc: Patricia Ward, Dir. of Com. Dev. T. C. 1501 Merrimac Circle, #200 Ft. Worth, TX 76107 (kir Y . 0 00000000000000000000000 0000000000000000000000 0 4D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 CD M Ni CIS 0000000000 oq � T N u) OC) 00000000o0000pONO0uiCV CV 0ei 3 N • -. ,M co0ov_oc3000) CDvCD 30Covc.- V OOr. NN 0) NI6 VNaO69.(au CA La `i' �" >Cv vifl���� �ifl����� 0 �oco�riv�(fl(n� v zoo �, � e» U) U) 69� U) r- Oa �� w � x0OFx � A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL! W '- Q -. W W 000000000 000000000000 .- 0 W F7 W i z r= V (ACC AO .- OOOOOOO tnn (pCrjnj0Cri0 .- «y c•1 ok ZQ. 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Ua I— zF' z E •O O I- Z TNMNiuitOf� a000 � NM � tn (OI� aDCANNNN 0 o N 0 — /_ s CITY MANAGER MEMORANDUM(611,, January 12, 1995 TO: Shana Yelverton, Assistant City Manager FROM: Dick Johnston, SPIN Committee Member #16 SUBJECT: Recycle Bin Covers T & H Inc. of North Richland Hills has constructed a plastic cover for the "Blue Box" recycling bins used by area residents. They work like a large shower cap and are fixed with velcro tabs on each end of the bin. The cap has an elastic band sewn around the bottom. Cost for each cap to the City of Southlake is approximately $2.40. Their life expectancy is estimated at two (2) or more years. A lighter weight version without logo is available for $2.00 ea. I recommend that the City of Southlake purchase 4000 and give them to each citizen ("bin owner") and keep a supply on hand for new citizens. According to Laidlaw, there are approximately 2300 bins in use at this time. Laidlaw drivers will be instructed to carefully remove the caps and to be sure they are affixed to the empty bin when they leave the premises. (re Use of this cap will help prevent litter from blowing out of the bins and protect the paper articles from becoming soaked during foul weather. I am on the Board of Directors of Keep Southlake Beautiful, and this project received K.S.B. support during our last board meeting. We want to have the KSB logo affixed on the top of each cap and a heavy duty elastic band which will increase our cost by $1,900 for 4000 caps since it will require a special run and preparation specifically for Southlake. The plain caps, without the KSB logo are available at $3.00 each through several metroplex civic organizations and at the City of Haltom City, and from the Haltom City Beautification Board. I recommend that the City authorize $9,900.00 to fund this program. It is my understanding that there are available funds for recycling projects ($14,000+/-)from the proceeds of recycled items disposed of through Laidlaw. RFJ/kb c:wp51\spin\johnston/kb L s . EXaSTS33 ^^. -".`: T �SSXXXX _.. i., .:M vvv V/.,..,...,..„„ .;.( 11:1 C 6- t �i.£1. .}-1L" : —za ar�sr - > z +y Q_ �. ISM _ _ at z 3 �" Q Q? �t g dIT ! r ,c?..t7-rr'' 7:7.. CO J `1 •1 ..itr r—' z- 4:, _+ Et '— b i \ il :::::17:•;4,21.:'''''kEi. +,-....A 4.4:::... ,„ •-....... V.. I /1, .x...-._.='rc...a......... XXaX?�YAlt. ..-_ ::\ �t0 1- rx:jsq_' r I r+ ...'.�::.:._: a..+;z».-azzc"?z=:. .-.1 I I l ::ri�_...:. :. ...xxx :x _ z ` , I 1 I +.::••... • - '1�:Yi'wadxL'&-.-- 1, .. ..r I ; I � x7 L •+• • •xxxrx .•..r"a>. %i•� �l I 1 II l........:.:i....::-:-;:'...:'I.:.:V:....i:.4:'' '''..7.7 .:4.-MIS72:. .5.:1 Lt7:-...:f......'..::.:...1.::....:......1:.::.:..................... C'' (II) •:.%. I 1 I 1........:.:..y.............!..k.............._•.•••=tmo., tc.,;%-xr...,_—_-..:_•-•::..• -—-— .• :., C (11) i ‘ •-\ +I `, tt l ,\ ,..", I1 :1' `. ac z.,,.,^ '= . .^, : �. \ 1 1 • m ' ,-„ „.; . ::: 0 (cisx, .. cC + H ,} _ — \ ) \ 0 • r ¢(ii 1 :,1�, C�ir.t'�•-• .. A .»�-. -y r xn.: I a : a. " am xra�=txxtzs=x-�;:�.r�s.:t.-: I. k -r,.• •-_ xxxxx.. :•: -^xxax::, f1 ra'.3: 1' . l 1 ' x ; ,..„ cri ' . ! ,' / �' i sm.CO CrS /tit 1---- 0) , _Cr) \ 1 ! 1 .,-- W l - CC eL Imo g �l Imo; r 0 \ `, j C} rya cz V]Cr /"' I _ , I tG Q� R_S v ` CJ tt 14, 0 61 \ 4- '„ I-- L 4 0 (1) h 11‘ 1414( \ 0 % w �` CC 'gut/4 % L L z c:1,, , -II-a ,.. 11) CD CI: 43 z U % (3 CI, 4Z o / l0id 71)1 (111111011 RE-CYCLE CAPS 3400 x 2.20 TOTAL $7480 .00 Heavy band no printing 4000 x 2 . 20 TOTAL $8800.00 Heavy band no printing 3400 x 2.40 $8160.00 300 .00 plates/art work TOTAL $8460 .00 Heavy band with Southlake Logo 4000 x 2.40 $9600.00 300.00 plates/art work TOTAL $9900 .00 Heavy band Southlake Logo (111ftre 3400 x 2.00 TOTAL $6800 .00 -250 .00 discount for o/h stock TOTAL $6550.00 On hand stock - no logo 4000 x 2 .00 TOTAL $8000 .00 - 250 .00 o/h stock discount TOTAL $7750 .00 On hand stock no logo 5000 x 2 .00 TOTAL $10000 .00 -500 .00 o/h quantity discount TOTAL $9500 .00 On hand stock no logo with quantity discount L City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Authorization for Staff to Submit an Application for the 1995 Community Development Block Grant(CDBG) The staff recommends that the 1995 CDBG project funding be used for the continuation of the water line in Randol Mill Ave. as started in the 1994 project. The installation of these water lines will provide an area wide benefit within a residential low income target area. Benefits to the area include a dual feed for water,increased water pressure, and improved fire protection capabilities within the targeted area. Attached you will find an exhibit and cost estimate for the installation of water lines in the 1500- 1800 blocks of Randol Mill Ave. in the northwest portion of the City. It is anticipated that Southlake will be allocated approximately$120,000 in 1995 CDBG funding. Cheatham and Associates have estimated the 1995 portion of the line to cost $99,000. This will leave an approximate $21,000 remainder within the 1995 program year. The Tarrant County staff has told Cheatham that it is possible to roll the remainder into the 1996 Southlake program application. The application that we would submit would include a request to roll over any fund remainder into our 1996 allocation. Also attached is a copy of the notification for a public hearing to be held at the Council meeting on January 17, 1995. After the hearing will be a second item for Council to consider which will authorize staff to submit the application for approval of the 1995 CDBG funding. Deadline for submittal of the application is February 15, 1995. Please feel free to contact me or the Public Works staff should you have any questions. GL/bls enc: Target Area Exhibit Notice of Public Hearing 1995 CDBG Application Including Water Improvements Exhibit and Cost Estimate coe G:\WPF\PROJECCS\CDBG95\CCRECOM.WPD t '_ I 'J10.5 7A1A1 7ATA te SC t T 4. Ga;� 7AS ,at • 3ufl[Y A-ryQ 2Y N � 7 VAVAW�. $ A 7A1A %. `PLC : S�i�l■ c N..ocist PO 444. • It li I':I 7A ,A a "az" Mt! , ':I sEli agiin. __ H + !ram � .�! 1U sT-Ai4ET mall • r. m�'_? V DtgEk 211111111111111111111Mabldi ail. �' .4c..)!".- . • • . :....Nnl. Gin A( 4 IN D ,A2 I MIRIAM ._,«. ;. C. DART IA ®; . �:f�. 3 a "al•. ; r imminiiia, ar.: . --! `V ,J in��;..l�i:.i�th'VI' a m INN' Nam/ FLa `. �;;;;` :�lA� -.;,,...._,..,„„,...•..1 ati . ,,,,�, a . ...-3,-it imm. -ii;Lii • - 11111,1.........WITITIFI Alit an ni iii, a.mi . witait*„- wix-0.1------r2P • ,.......niilie . Illitlff siTY LIMIT I! JAR ,Y LIMIT gm i� 1 ,r �., •:' . COX 4 to ,cs la Erg F; F_ • siatri • 33 . w7o , ill I I I' II Ili I I `I i 0 I 9 Nal I kl I IP I PIP- I 11 X COIN 33 - m p jogto ' • r s COM I '....I 2A1 zA ,p4„1„irs—' NI ..,*0..*1.-- 4 - X . aili IA IM2 11 1 i 1 WY!". 1 191411VIA t ' ", iiil.:44ro- iiIiII ! ••.•• 1i1iI!'&fr4iiii '**Alai wfpglomp ULMER . 1 MINIM �/ 2 2a 1 1 1 \ J 1192 fa I -pwilPorgMa4 . ;] TRACT LOCATION MA an 1111r6e211... ik Ea! - dirsil rig %fr Pip 7 • . 1 W , , /A2 MIA R r U U IG K --, r...,., .m..•� I 1 Olin& : a] : low-f.,-,...04 , ,,., •111114111,1 * PO 11111V 44711111.7074110 ,,, ! 1 • In g. /, /S_ 76:"A / (giao, CITY OF SOUTIILAKE COMMUNITY DEVELOPMENT BLOCK GRANT NOTICE OF PUBLIC HEARING NOTICE is hereby given to all interested persons that the City Council of the City of Southlake, Texas, will hold a public hearing on January 17, 1995 at 8:30 p.m. in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Purpose of the meeting is to provide an open forum to receive citizen views, questions, and concerns regarding the 21st program year project funding. All interested parties are invited to attend. Improvements planned for this grant application include water line installations and improvements in the 1500-1800 blocks of Randol Mill Avenue in the northwest portion of the City. For further information contact the Department of Community Development at the City of Southlake at 481-5581, extension 744. (kw 7d-0 L CHEATHAM AND ASSOCIATES January 11, 1995 Ms. Patricia Ward Community Development Officer Tarrant County Administrator's Office 1501 Merrimac Circle, Suite 200 Ft. Worth, TX 76107-6512 • Re: City of Southlake 21st Yr. CDBG Job No. 001-425 Dear Ms. Ward: Enclosed please find the CDBG application ensemble submitted on behalf of the City of Southlake. Contained are: 1. Project Information Form Lir 2. Description of Environmental Conditions 3. Environmental Assessment Checklist 4. Detailed Cost Estimate 5. City Map with Project Location Noted. 6. Copy of the minutes of the city council meeting and public hearing. (Will be forwarded as soon as available.) We look forward to working with you in the Community Development project planning process. Please do not hesitate to call should you need additional information. Respectfully, e k iy; Edwin Apel \cdbg.425 Enclosure cc: Greg Last, Southlake Project File Lbs., ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • r iington,Texas 76011 817/548-0696 •Metz 7�_1 Fax 817/265-8532 COMMUNITY DEVELOPMENT BLOCK GRANT 1995 PROJECT INFORMATION FORM 1. City Name: Southlake, Texas 2. City's 3-Year Goals and Plans for Community Development Projects: Continue to replace inadequate capacity water lines in high pressure plane to insure adequate water supply and pressure, including fire protection throughout the system. 3. Project Location (Complete Address and Mapsco Coordinates): City of Southlake, Texas - Northwest quadrant of City, construction in Randol Mill Ave. from Brown Lane to Morgan Rd. 4. Census Tract: No. 1139.02 (we 5. Type of Project: 12" water line construction, including fire hydrants 6. Cost/Engineering Estimate: $ 99,000.00 7. Funding Sources: CDBG qrant funds with local funds for project if cost requirements exceed grant availability. 8. Engineering Firm: Cheatham & Associates 1601 E. Lamar Blvd. , Suite 200 Arlington, TX 76011 Engineering Contact: Edwin A. Apel , P.E. 817/265-8836 9. City Contact Person(s): Robert R. Whitehead, P.E. Phone: 817/481-5581, ext. 741 10. Date of Submittal: 2/10/95 F u)ve w 2a d3 -= a zxr 021 oa � �aazd ,o (1111110" .- ce ¢oc�a.a z en o Li IT%�1.8 E�" z W 'L'o 7 F 2 1U ww W aaQ pio o C..) a = aa U, - .-N I NYS 3AV 3T1LANO1A3d J_ 4) .lci:rrrrrm.. ¢x Y Pi ori o 7 f \ d Z Q J voilQ. ik�1 0 U 0 Liz o Z 2 o NV)l% Vld V S j w L 1 O Z 2 Q Le4 110 1 I L. 7 . .....__Ii,t, z k 3AV IIIW IOONV2! CC co Y 3nN3AV (ij llIY IOONVJ CC 0 < WO Q � 3 3NVl NMOa8 Ui pNZZ 0 < v� p �= Z N°' I— WDW Aso W N O - Ir z� Q, 3f1N3AV 11IW IOONVNo Ct. O.. O < • CITY OF SOUTHLAKE CDBG G RANT APPLICATION 21st YEA R PROPOSED 12" WATER DISTRIBUTION LINES AND APPURTENANT WORK OAKLANE OAKLANE 2 PROJECT LOCATION w z =-_ > = == (kw I SLEEPY HOLLOW Afs z J z — O • m CHEATHAM & ASSOCIATES CONSULTING ENGINEERS - SURVEYORS - PLANNERS f10( to SC018 /n( 1601 EAST LAMAR BLVD SUITE 200 ARLINGTON, TEXAS 76011 ICJ�� (817) 548-0696 METRO 265-8836 01 (se PIO, <>1It ���• DETAILED COST EST.IMA T_F, City Name: City of Southlake Date: Jan. 10, 1995 Project Description: 21st Yr. CDBG Water System Improvements (12" Water Line and Appurtenances) B-95-UC-48-0001-60-15 Item Description Quantity Unit Amount No. Price 1. 12" (spec. C-900) PVC water pipe 2213 L.F. $ 22.00 $ 48,686.00 2. 8" (spec. C-900) PVC water pipe 50 L.F. 20.00 1,000.00 3. 6" (spec. C-900) PVC water pine 50 L.F. 17.50 875.00 (alle 4. 12" gate valves 2 EA. 900.00 1.800.00 5. 6" gate valves 4 EA. 500.00 2,000.00 • 6. Fire hydrants 4 EA.:_ 1300.00 5,200.00 7. . Ductile iron fittings 4400 LBS. 1.40 6,160.00 8. 8" connection 1 EA. 1250.00 1,250.00 9. 12" concrete encasement 20 L.F. 36.00 720.00 10. Water services 22 EA. 350.00 7,700.00 11. 1" service pipe 350 L.F. 6.00 2.100.00 12. Replace pavement driveways L.S. L.S. 6,425.00 13. Crushed stone & misc. costs L.S. L.S. 12.550.00 Funding Match (If Applicable): Sub-Total: $ 96,466.00 City Amount: None Design/Engineering: 2,534.00 Other Sources: None Total Project Cost: $ 99.000.00 (ki ,. Prepared By: Cheatham & Assoc. , Edwin Apel , P.E. , Project Engineer Paee 1 of 1 7x3-8 _ • 4,• DESCRIPTION OF ENVIRONMENTAL CONDITIONS 1. Detailed Project Description: Constructing 12" water distribution line; connection of existing dead end lines to improve sustained water quality and distribution pressure; adding of new fire hydrants and reconnecting existing fire hydrants. 2. Detailed Project Purpose: Provide adequate water distribution, improve distribution pressure, provide adequate water for Fire Protection purposes. 3. Environmental Conditions: Facilities will be constructed along the edge of existing roadways - No environmental impact will be caused by the construction of this project. 4. City Enhancement of Target Area (City-funded Projects Only): Not Applicable Lie City funds were expended in 1993 and 1994 to establish the City's high service plane within which the project is located, including the new 12" system extending between the City's storage and pumping station to Kingswood Dr. (approximately 12,500 L.F. of 12" water main). Required Attachments: X 1. City Map Marking Location of Project 2. Project Map X 3. Detailed Cost Estimate X 4. Completed Environmental Checklists • Prepared By: (Complete Title,Address, and Telephone) Edwin A. Apel . P.E. . Prn,j ct Fng 1601 E. Lamar Blvd. , #200 Arlington, TX 76011 817/265-8836 - metro /ICJ`/ Environmental Assessment Statutory Checklist Project Name and Identification No. it of Southlake - 21st Yr. CDBG (1995-96) Area of Statutory-Regulatory Compliance / ////c��ac• `�` `oo(Citations for applicable statutes ,5 ��`aand regulations are printed on ��° �` `c° �a`�� Provide compliance the back of this Checklist. FullQ4 .F �a documentation discussion of each is provided inrQ ga`�Appendix B) =o� Lacoc`�o� Additional material/ may be attached Historic Properties X Floodplain Management X Wetlands Protection X Noise Tempora due to •Manmade Hazards COC1StruCtry 1011 Thermal/Explosive Hazards X Airport Clear Zones X • Air Quality X Water Quality - Aquifers I I X Coastal Areas Coastal Zone Management X . Coastal 1 I Barrier Resources I X Endangered Species I X Farmlands Protection X Wild and Scenic Rivers X 'Attach evidence that required actions have been taken. 22 • Statutory Checklist Permits, Licences, Forms of Compliances Under Other Laws (Federal, State and Local Laws) Project Name and Identification No. City of Southlake - 21st Yr. CDBG (1995-96) #B-95-UC-48-0001-60-15 OTHER AREAS OF STATUTORY AND `Z` c�o� m REGULATORY COMPLIANCE / /S APPLICABLE TO PROJECT `a �° o°e ��a`°� Provide compliance e. tea' ,; q cy a documentation `mac. `moo o Q, -c�.,• �° tea, �qQ � i4 .y cc �� c .` c° ca.o� Additional Material G° �� q�c DyQQq G° may be attached Water Quality X Solid Waste Disposal X Fish and Wildlife X State or Local Statutes (Ire (to be added by local community) X Note: See HUD-399-CPD, "Environmental Reviews at the Community Level", as revised for further details regarding the use of assessment formats. Prepared By Title Cheatham & Associates Consulting Fnginpers 1601 E. Lamar Blvd. , #200 Arlington, TX 76011 Date 1/10/95 708—// 23 Environmental Assessment Checklist page 1 City of Southlake - 21st Yr. CDBG (1995-96) Project Name and Identification No. #B-95-UC-48-0001-60-15 1 2 3 4 5 6 7 Or ° tv oc 1 •GZ *G 0 C� ;V O 6 �• ? o �o + 4 Source or Documentation (Note date of contact or c• 4 4) page reference) ��+ C` ,� Additional material may be Impact Categories c yo Qo tea, 4o 4 ' 4 attached. Land Development Conformance With Comprehensive Plans and Zoning X Compatibility and Urban Impact (11be Slope X Erosion X Soil Suitability X Hazards and Nuisances.Including Site Safety X • Energy Consumption X Noise Effects of Ambient Noise on Project and Contribution to Com- munity Noise Levels X L 27 Environmental Assessment Checklist (continued,page 21 (NI City of Southlake - 21st Yr. CDBG (1995-96) Project Name and Identification No. #B-95-UC-48-0001-60-15 1 2 3 4 5 6 7 0 boo `ro o r�. M1 .52 �L Tyco o�c �o� o. � �'�.. 4e Source or Documentation (Note date of contact or 4`q oc oc �$4' 4t)g`ati. 4 page reference) �' Additional material may be Impact Categories 4o 40 0 �o`�o°`�o ¢a, attached. Air Quality Effects of Ambient Air Quality on Project and Contribution to Com- munity Pollution Levels X Environmental Design and Historic Values Visual Quality— Coherence,Diversity, Compatible Use,and Scale X Historic,Cultural, and Archaeological Resources X Socioeconomic Demographic/ Character Changes X Displacement • Employment and Income Patterns X Community Facilities and Services Educational Facilities X Commercial Facilities X Health Care X Social Services X 28 7.&—/3 Environmental Assessment Checklist (continued.page 31 • L City of Southlake - 21st Year CDBG (1995-96) Project Name and Identification No. #B-95-UC-48-0001-60-15 1 2 3 4 5 6 7 � �`" ael oo yw • 0 O" P ro• c c••` 4- Source or Documentation a� � � agog :5� y (Note date of contact or �� ,�`�. b t N 4,1" page reference) ,o �� C• �� 4: �� V. Additional material may be Impact Categories 4°49 Q°: attached. Community Facilities and Services(Continued) Solid Waste X Waste Water X Storm Water (too, • Water Supply X Public Safety Police X Fire X Emergency Medical X Open Open Space Space and Recreation X Recreation X Cultural Facilities (111.10" X Transportation X Environmental Assessment Checklist (continued,page 41 L City of Southlake - 21st Year CDBG (1995-96) Project Name and Identification No. #B-95-UC-48-0001-60-15 1 2 3 4 5 6 7 o� roc o o° / aG `�o �s c�y`a cvG ° aaa' * ,� � ao '1 P0 �.��C tiyQtr ��C Source or Documentation �� �� '. (Note date of contact or c. pa �, ; O 9 a ; page reference) a o O`0 eA O`0�A �a, �A Additional material may be Impact Categories ,c 4 ,Q 4 4 4 4$ attached. Natural Features Water Resources X Surface Water X Floodplains X Wetlands X Coastal Zone X Unique Natural Features and Agricultural Lands X Vegetation and Wildlife X 30 7,Q /..S Environmental Assessment Checklist (continued,page 5) L Summary of Findings and Conclusions: The project can only enhance the quality of living in Southlake, i .e. : 1. Better water quality 2. Better fire protection 3. Better conveyance of water to Public 4. Reduces wasteful and excessive repairs to aging water lines Summary of Environmental Conditions: Not Applicable (krie Project Modifications and Alternatives Considered: Not Applicable L 31 • Environmental Assessment Checklist (continued,page 6) L Additional Studies Performed(Attach Study or Summary) Not Appl i cabl e (lire Mitigation Measures Needed: Not Applicable L 32 Environmental Assessment Checklist (continued,page 7) LW' • 1.Is project in compliance with applicable laws and regulations? [XI Yes 0 No 2.Is an EIS required? ❑Yes ®No 3.A Finding of No Significant Impact(FONSI)can be made.Project will not significantly affect the quality of the human environment. ®Yes ❑No Prepared by Title Cheatham & Associates Consulting Engineers 1601 E. Lamar Blvd. , Suite 200 Arlington, TX 76011 L Date 1-11-95 L 33 Listing of Applicable Please see Appendix B of this Guide Statutes and Regulations for explanation of procedures to be followed. by Area of Compliance L Historic Properties HUD Notice 79-33) Indefinite Notice, September 10, National Historic Preservation Act of 1966, Section 1979. 106 (16 U.S.C. 470f) Preservation of Historic and Archaeological Data Act HUD Regulation 24 (CFR Part 51 Subpart D) of 1974 (16 U.S.C. 469-469c) Water Quality* Executive Order 11593, Protection and Enhancement of Federal Water Pollution Control Act, as Amended (33 the Cultural Environment U.S.C. 1251-1376) Safe Drinking Water Act of 1974 (42 U.S.C. Floodplain 300f-300j-10) as Amended Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) and Implementary Regulations U.S. Environmental Protection Agency (EPA) Im- Title 24, Chapter X, Subchapter B, National Flood plementing Regulations 40 CFR Parts 100-149 Insurance Program (44 CFR 59-79) Solid Waste Disposal"' Executive Order 11988 and HUD Procedure for Solid Waste Disposal Act as Amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Floodplain Management (24 CFR Part 55) (When 6901-6987) Issued) U.S. Environmental Protection Agency (EPA) Im- Wetlands plementing Regulations 40 CFR Parts 240-265 Executive Order 11990, Protection of Wetlands and Applicable State Legislation or Regulations. Also 24 Coastal Areas CFR Part 55 (When Issued) Coastal Zone Management Act of 1972 as Amended (16 U.S.C. 1451-1464) Noise Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501 HUD Regulations (24 CFR Part 51, Subpart B) et. seq.) Air Quality* Endangered Species Clean Air Act of 1970 as Amended (42 U.S.C. 7401776 Endangered Species Act of 1973 as Amended (16 42) EPA Regulation 40 CFR Part 50, and Partially 40 U.S.C. 1531-1543) CFR Part 51, 52, 61. Farmlands Protection Man-made Hazards Farmlands Protection Policy Act of 1981 (U.S.C. 4201 HUD Regulation (24 CFR Part 51, Subpart C) et. seq.) Implementing Regulations 7 CFR Part 658 Wild and Scenic Rivers Wild and Scenic Rivers Act of 1968 as Amended (16 U.S.C. 1271 et. seq.) *Environmental laws that have permit, license or other forms of compliance usually implemented through a State agency are also listed here. L 24 7L —/? City of South lake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk,City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-85 Rezoning and Development Plan/Versailles/Ordinance No.480-143 REQUESTED ACTION: Rezoning and Development Plan of Versailles, being a 78.046 acre tract of land situated in the J.W. Hale Survey, Abstract No. 803,Tracts lA and 1A3 This development proposes 144±residential lots with a density of 1.85 du/acre. LOCATION: East Side of South Carroll Ave.,North Side of East Continental Blvd. OWNER: Kercho Kochweop Partnership APPLICANT: Versailles, Ltd.,John Dickerson, Agent CURRENT ZONING: "SF-20B" Single-Family Residential District REQUESTED ZONING: "R-P.U.D." Residential Planned Unit Development LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eighteen (18) RESPONSES: Seven written responses received inside the 200' notification area: * Paul L. Schell, 620 S. Carroll Ave., opposed; concerns are the devaluation of property, increased taxes, increased crime potential, and this will lower the quality of life. * William&Janice Minor, 860 Carlisle Lane, opposed; concerns are that their property value will decrease,they do not want houses behind their property, the building of a four-lane road would take half of their front yard, and they do not want their dead-end street replaced with a four-lane through street. * Harvey Miller,2847 Canyon Dr.,Grapevine, TX, opposed; does not understand the proposed zoning. * Theron Sr. &Dorothy Ragan, 1512 Rainbow St., opposed; they are opposed to the proposed route of Carroll &Carlisle Ln. coming through their property and they are opposed to the downzoning from "SF-20" to "R-P.U.D." * Sylvia Smith, 501 S. Carroll Ave., opposed. City of Southlake,Texas * Juanita Peters, 840 Carlisle Ln., opposed; she does not want the street name changed and has concerns about sewer availability to all of these houses. * Steve and Brenda Ryan, 1000 S. Carroll Road, in favor if certain guidelines are followed; move the entrance into the development so that it is not directly across from their property, widen the roads to allow for the increased traffic, and place landscape around the development such as a brick wall with shrubs. P&Z ACTION: August 4, 1994; Approved (6-0-1) to table ZA 94-85 at Applicant's request to the September 8, 1994 Planning and Zoning Meeting and continue the Public Hearing. September 8, 1994; Approved (6-0) Applicant's request to table ZA 94-85 via letter received from John F. Dickerson on August 23, 1994 to the September 22, 1994 Planning and Zoning Meeting and continue the Public Hearing. September 22, 1994; Approved (4-0-1) Applicant's request to table ZA 94-85 to the October 20, 1994 Planning and Zoning Meeting and continue the Public Hearing. October 20, 1994; Approved (7-0) Applicant's request to table ZA 94-85 to the December 8, 1994 Planning and Zoning Meeting and continue the Public Hearing. December 8, 1994; Approved (7-0) Applicant's request to table ZA 94-85 to the January 5, 1994 Planning and Zoning Meeting and continue the Public Hearing. January 5, 1995; Approved (4-0-1) ZA 94-85, Rezoning and Development Plan for Versailles, subject to the Plan Review Summary dated December 30, 1994, and including the following additional stipulations to the Development Regulations: a) side yards adjacent to street shall not be less than 20' (changed from 15');b) average lot size is 15,000 sq. ft. and it should be noted that 85 lots shall be 13,000- 14,000 sq. ft., 15 lots shall be 14,000-15,000 sq. ft., 28 lots shall be 15,000-20,000 sq. ft., and 16 lots shall be over 20,000 sq. ft. If this total number of lots for the development cannot be obtained, then the numbers should follow this proportion as closely as possible; c) minimum floor area shall be 2,200 sq. ft. (increased from 1,800); d) PUD zoning to be approved subject to a density not to exceed 1.7 dwelling units per acre; e) number of lots shall not exceed 135 total lots; f) developer will provide a street stub roughly halfway on the midpoint of the north property line; g) #6 on development plan be clarified such that it is clear that new Carroll will be built concurrently with Phase 2 of the development; h) agreement to work with Staff to resolve the street alignment situation pertaining to the Ryan property on the west. City of Southlake,Texas STAFF COMMENTS: Applicant has met all the review comments of the third Plan Review Summary dated December 30, 1994 with the exception of those items addressed in the attached fourth Plan Review Summary dated January 13, 1995. KPG/bls LG:\W PPMEMO\CASES\94-85-ZD.W PD �Sq'3 " ) tit l� . i `r�,_• Itw - --- IA i ! _ ,,,,v 1 - -- NOR1}IW1 S1 .IKWY f sr 4 ikii i DI s,,.. -----X ICI ,)/01 er twin MUM MN 'kw 1 rr _ nu VI rt � . 90. 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Y ,Y ,If I,N Timarron Land Corp. _ 0 "P.U.D." rh I I O TR 181 ( - 182'elI 1.0 AC ADJACENT OWNERS TR SA AC M I��M No' �.'S' �" ,,. '" AND ZONING ��_ 5 �- MA_,c6 AC TR 18 I - 4j 1 1 1 1444051' 4 ) d•g tog t,vi ��N eaina11/ 1 / E rill L I) } _ y N i 1,.......i ......., . ii,:itt 10 era i � � v f 1 : , I. tat.1$ , 3411i JI I _ c • ? Ti;37 ce, • ,„... „. t,„ ... .ct ,. _.._.._.._.' ,,.. ,.! . 'I q z .. 2 I.1 14 tl - 1 y '' 4 •J170'C f07.40 %. J. T 1AI � .; I 1 \ /'.I'\ .. I ` ;' 1 it 0 1 or , I . \ I I I ' ru I a '1- sx 1 I z .3f l I aye` rl ., LH : I11 _.._.._..— F. z 618 « I 9 �' II II �.._.. ,,, I ' I ' :III -4,. i i Y �� I I r i 1I1. � . • t___jL- a■__I 9 L` _l S1T66 PLSZ.ZZ.009 I9h3 I �•t'4, 1 1 1 1 \ :,` [N r to..... r .0 1 «I t MI lr1 Ii• r ..--rioted m TM'1u916--- R $ a i1 q q 11 I I v, � — T r 11 .:I II A Ii 1. —. _ .Ir i I I • . 1 L.t..--—�i-_•m___fin-----v- - ate--_ - :.-r A m- F. 1 } O ��q. .. I sa►00 NaiGaO „a „ 1 - a « - "Ill o N..'+- r 1 j I. P. I M IM I^.._.. —.. 11 I I - Z0ZZ9 zZz2.lON `\l j I• I at t j sj 1 = A e= 1 a ! a i ill 1 ;. 3 3 a 3� I 3 a 104 1 s R sl E R II 8 R 81 L ,,„ ! ..„ . „ A pi a X V nba -Eis1 §{ E. i§. E. E at 8h 81 Et 841y7il ; i11 Is p. It lP lb ; - z. AP �141 1 is 1111! 1 11 !ill - r tt t l . I City of Southlake,Texas FLAN REVIEW SUMMARY case No:ZA 94-85 Review No:Pour Date of Review: V13/95 Project Name:Development Plan for"R-P.U.D." Rezoning Request for Versailles,being 78.046 Acres OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Kercho Kochweop Partnership Carter&Burgess.Inc. 3825 Lake Austin Blvd. 7950 Elmbrook.Suite 250 Suite 504 Dallas.Texas 75247 Austin.Texas 75225 Phone: Phone: (214)638-0145 Fax: Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/09/95 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT KAREN GANDY AT(817)481-5581,EXT.744,OR DENNIS KILLOUGH AT(817)481-5581 EXT.787. 1. Please delete the approval block.This is not required on a development plan. 2. The existing perimeter street right of way shown in the Proposed Land Use.Summary should be 2.3 acres according to the metes and bounds description.Therefore,the Open Space required is 7.6 acres. Change the Proposed Land Use Summary and the graphic of the Private Neighborhood Amenity Center to reflect this. 3. Delete the the reference to lane size and number of lanes from statement# 10 of the "Notes". 4. Delete statement # 11 from the "Notes".• 5. Provide a street stub from street'I'to the north boundary line of the project tract(Ordinance No..483- 5.03-K-1). • 6. All corner lots shall have setback lines on both streets equal to the front setback line as required by the Zoning Ordinance.The applicant has complied with the requirement in'Review Three' regarding reverse frontage lots. However, the Planning and Zoning Commission recommended 20' on all remaining "second" front yards("side yard adjacent to street"). City of Southlake,Texas * Prior to submitting the preliminary plat,meet with City Staff to resolve the issue of Right-of-Way access to Street'A'and Street'E'for the Wright tract. The applicant should be aware that prior to issuance of a building permit, building plans must be submitted for approval and all required fees must be paid.This may include but is not limited to the following fees: Park Fees,Water and Sewer Impact and Tap Fees,and related Permit Fees. * Denotes an informational comment. cc: Kercho Kochweop Partnership Carter and Burgess Versailles,Ltd. dAWPPIREN94-85 DP.WPD • r, -Se i ... 1 J i a ;! tt ii ' U il1i ! ti Vh Et, !�� if 'tlih 1 If ' i' ii j It $1zl iI1MI"I t lID IW �—llil�' !, : , Ill1 i 1 x 4 O'�i� it � ll I: ill ' i i' '1llh1 jtl1 ��'i ��t lh tt =11411=tl 1+l= 1Md ww w y < § d � ; qI Y' C i 1 , � I �! ti t11 'i'':t'; ;{ tilA, i! `] � 2 � ¢ N � $4< a ti' 1/1 i i'tl 11 1 1 l 11 ii {_, ! t r11111 w <�I" € i " R*, hi g I ' t { tll ttli t'`) t =tt 7 w b Q a $wig 11 'I Di wililIlj1111 1 it= i ! 11 f 1 N+ s . fill- $¢ to Ali S .1 o Y5$31rt4 ;it E 1t1� li,, 11t g i cc d W ; m o hif ! 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A 11 tv. i It i 1R a°1 avimoca II! 4 }i . f '; -; e' -'1 `1 ; 1 10 o .gtigal NIVI i, y. , MOIMIN#IT 4740111 t( 1 ''F'1111 IN. 1 •11- i - - �1 rli .Lu }I !j?Th.51 .1 AY i 69 S • :if!!El .ir4;,r 7 --1 --,4---,w f wt gimp ' -- nil: 1.01 4.9 tv v.„...4 „ .„.„1„,2),.. .. ,...... 2:',.;!Ili! z. zilt - C g. , 44, .71y 7 7, I A rt 1 -iiiil .. ti 1 4 1 1 ofN. 1 r 1/1 of !jh i a ii i Ii : 1a9 Idd., Id' IfI . idsi .in z �IE�HO q e b ��i_L_I_L-i 4 t ---' 1 i 1 1 i f--- I ',,i it. .7. - � a �_ llrt I' . 1111; i 1111 4awY4— . 1 1 i i i 0 oil! : ippitii 1111 e_ (,,, ., L, *iI , x 1 . 1 t 1�111 1 E/lA ,iI0.rI ii�!i 11 _{�it • 1 I== i • - 1 ! 1011 j I11I , !li A ! - CITY OF SOUTHLAKE,TEXAS (16., ORDINANCE NO. 480-143 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF,,LAND WITHIN THE CITY.OF SOUTHLAKE, TEXAS BEIN gev... ,= .t • D MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM fe'Ll';',Tracinienak.L.....,iliiii4MJILLii SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; (hir PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas.Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS,the hereinafter described property is currently zoned as I' F- B Lte ar under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake,Texas, at a public hearing called by (we the City Council did consider the following factors in making a determination as to whether these G:\ORD\ZONING4t80.143 Page 1 �R -(0 • changes should be granted or denied: safety of the motoring public and the pedestrians using the C., facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust;effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas,further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the CityCouncil of the Cityof Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake,Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: O:\ORIY ZONING4480.143 Page 2 Being6 acre tract of land situated in the J WH F n aitid . :and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from ? c ,§ g 0 e t t0 W �, a to Ms N. e o Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development L of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to G:\ORD\ZONING\480.143 Page 3 y} • such accrued violations and all pending litigation,both civil and criminal, whether pending in court (me or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR ATTEST: (ire CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY L G:\ORD\ZONING4480.143 Page 4 APPROVED AS TO FORM AND LEGALITY: L CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L (Pe G:\GRD\ZONING 480.143 Page 5 $Fr-(t. EXHIBIT "A" (hor, BEING A 78.05 ACRE TRACT OF LAND SITUATED IN THE J. W. HALE SURVEY, ABSTRACT NUMBER 803,TARRANT COUNTY.TEXAS,AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO MARVIN KERCHO, AND DESCRIBED IN DEED RECORDED IN VOLUME 3241, PAGE 415. DEED RECORDS, TARRANT COUNTY, TEXAS.BEARING BASIS IS PLAT FILED IN CABINET A, SLIDE 1707, TIMARRON ADDITION,WINDSOR CREEK, PHASE 1, PLAT RECORDS,TARRANT COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 3/4'iron rod found at the northeast corner of that certain tract of land conveyed to Sarah Reynolds as described in deed recorded in Volume 2414, Page 583. Deed Records, Tarrant County, Texas; THENCE N 89°39'21' W, along the north line of said Reynolds tract, at 189.05 feet. passing a 3/4- iron rod found, a total distance of 210.00 feet to a 5/8' iron rod with plastic cap stamped 'Carter & Burgess' set in Carroll Road for corner, said point also being in the east line of that certain 4.81 acre tract of land conveyed to Timarron Land Corporation. described in deed recorded in Volume 10533, Page 235, Deed Records, Tarrant County, Texas: THENCE N 00°04'05' W. along the approximate centerline of Carroll Road and along the east line of said 4.81 acre Timarron Land Corporation tract, and also along the east line of those tracts of land recorded in Deed Records. Tarrant County, Texas, as follows: S. Ryan. Volume 7158, Page 644; Trustees of the Carroll Road Baptist Church.Volume 4929. Page 356; N. Pond, Volume 7134, Page 944; T. Barnett, Volume 9657, Page 2320; Rucker Family Limited Partnership, Volume 10432, Page 1162; P. Schell, Volume 2851. Page 198: and C. Prade, Volume 2835, Page 358, a distance of 2056.61 feet to a 5/8' iron rod with plastic cap stamped 'Carter & Burgess' set for the northwest corner of herein described tract, said point also being (lor in the south line of LOT 2. BLOCK I, of the E. A. SMITH SUBDIVISION, that certain 27.625 acre tract of land conveyed to E. A. Smith. described in plat record Volume 388-154. Page 91, Plat Records. Tarrant County, Texas; THENCE N 89°55'55' E, leaving the east line of said tracts and the said approximate centerline of Carroll Road, along the south line of said E. A. SMITH.SUBDIVISION, 1397.48 feet to a 5/8' iron rod with plastic cap stamped 'Carter & Burgess' set in the west line of that certain tract of land conveyed to THE BRANAN ENTERPRISES, described in deed recorded in Volume 6377, Page 99, Deed Records. Tarrant County, Texas; THENCE S 01°16'56' W. leaving the south line of said E. A. SMITH SUBDIVISION, along the west line of said BRANAN ENTERPRISES tract, 621.41 feet to a 1/2' iron rod found at the southwest corner of said BRANAN ENTERPRISES tract; THENCE S 89°46'40' E, along the south line of said BRANAN ENTERPRISES tract, 19.52 feet to a 5/8' iron rod found at the northwest corner of that certain 2.52 acre tract of land conveyed to Charles Hart, described in deed recorded in Volume 3193. Page 361. Deed Records. Tarrant County. Texas; • THENCE S 01°23'55" E. leaving the south line of said BRANAN ENTERPRISES, along the west line of said Charles Hart tract, and also along the west line of those tracts of land recorded in Deed Records, Tarrant County, Texas, as follows: William Minor, Volume 6506. Page 266, and Harvey Miller. Volume 9165. Page 2165, a distance of 484.26 feet to a 1 r2' iron rod with plastic cap stamped ' Vogt Engineering` found at the southwest corner of said Harvey Miller tract; (11111Iime c:ORD\ZONiNGuao.lu Page 6 EXHIBIT "A" L THENCE S 86°38'45" E, along the south line of said Harvey Miller tract, at 187.94 feet, passing a 1/2"iron rod with plastic cap stamped'Vogt Engineering'found,a total distance of 208.19 feet to a 5/8' iron rod with plastic cap stamped 'Carter & Burgess' set in Carlisle Lane. said point also being in the west line of that tract of land conveyed to N. Brown, described in deed recorded in Volume 6444. Page 569, Deed Records, Tarrant County, Texas; THENCE S 00°04'56" W. along the approximate centerline of said Carlisle Lane and the west line of said N. Brown tract, 1171.77 feet to a 5/8" iron rod with plastic cap stamped 'Carter & Burgess' set in the north line of that certain 17.0 acre tract of land conveyed to Timarron Land Corporation, described in deed recorded in Volume 10533, Page 235, Deed Records, Tarrant County, Texas; THENCE N 89°t4'05"W. leaving the west line of said N. Brown tract, along the north line of said Timarron Land Corporation tract, and also along the north line of those tracts of land recorded in Deed Records, Tarrant County, Texas as follows: Bear Creek Communities, Volume 10351, Page 2377, and that certain 2.86 acre tract conveyed to Timarron Land Corporation, described in deed recorded in Volume 10533, Page 235, a distance of 1413.05 feet to a 5/8' iron rod with plastic cap stamped 'Carter& Burgess' set at the southeast corner of the aforementioned Sarah Reynolds tract; THENCE N 01°09'53" E, leaving the north line of said 2.86 acre Timarron Land Corporation tract, along the east line of said Sarah Reynolds tract, at 24.70 feet, passing a 3/4' iron rod found, a total distance of 211.03 feet to the POINT OF BEGINNING, and containing 78.046 acres NNW (3,399,664 square feet) of land with 0.55 acres contained in Carlisle Lane, 0.7 t acres contained in Continental Boulevard. and 1.00 acre contained in Carroll Road,leaving a total of 75.786 acres of land more or less. (6110f GNORDIZONING1480.143 Page 7 EXHIBIT "B" WI i! 1jfit ! 1 == t ! i•! 1r 11f 1 ; - ! fI it [l;' 111W!"! I 1111 • ci _ ,. lii' 1}at�iiid 6ldftt fii !itiii, itii !■ i1 ! ! d liit !, ((x N �•- � ceItWi it :l:i} t idftI ,1 �! •1 _! P ' d ' a iI ii. Ft hi 11f 11 Itl llISit ^ w d,�is iill i i. !! !. ti itil I. IMI o R p1il ' tI .' 11 I/ III II i S 't- Itlla QR1 t 7 § � = I N , tilD IifI.1 illillili i Eji (ow ' f )11 ,.•i7 tf ' .t t 3i1 111 : II; ; l � �� ,ll. t itt ti# =fI ! tti' tl.ie, t l!` _ � � � O g ! .I 1• ( Om 1 b1 l iif fd Hill liiQt till W '1 x e1 ! t 1i ihIIiihi zi t ii! "- t tltit I?i1 f !l ! .!t = ¢ a Q : .il a ti 'li.. 4111E i !_• ifl 11}( !ti'i � i _ ! Y�• l rtt Ytr• ri i ri 4li-1 .i jii ll�i illill I, ` izi. .1 : i =� iti. E , a Se ill i i:'s' t- .11 t , ! - i1 ! it . .j i i1 till/ m > = S" 5 l � p! # p, t{t . p t� qq gxtt p, 1 e53#� 4 F Q Milli gg Ei I 1teitr■ I:_ Hill ilirilihii Mil hi ith ha it hi Hail Mi.ti !lii., LL z o8 a iii iiii 1 t I '' • i:: :nit! iilll k t ,it q t till II l I !i •i d 11 t ii I 101' / [ 1ii:i1;ti1iiii 'li tit t , 3 j! li. i i ° • II i{ P ■ efi' 11i1' 11 !:t:i{i�i ziI tj1j1i1!hh1jitji' ii ' aC,!� ' l iIt( llitl i11L. I t` a .1S1 S 1 l :I `A"}g� � sl- y,i A Is: . .Roe l■ ,11 0. -- ! R , e=- f 2 • el it s k. 'R ! 1 'I -I " -1 -1 Piii I iii'l 1" 41FRIPRIng) itz 110 �i:�‘ lad (hbve i 11, f"- ------'-"I - tfOra714111_ riff 2 • wo' by -� /�1 1lHt S IIfi ... a,.w I ! RI 3- o • r _ _— e Y Ti3 Ili d''Ill 2 1 "�� I 1 i< HittMA: 7 t.-•••11 Lite h `' �A l> ,e, ; 'mod 9 y Rss t. .° I:: } Ia .»... i z z ill 5•! y p .i ,.—5"A.L.or ~ p--- r�=RI , (tit.1 ,.... • I LE�� �a i• .'.� • 1 II�d�Ql' I • rnal.:.na Yt:. n ul:. ?i  • k's �} i 11.1 !■I1 `i R j + 11liol :�4 Y11l°3 •'t 11 lit i 1 1 Ill ' 411 1�1Al �; 11i 1"5 ---•, 1R. �1_i!_L_t - rTT-TT-I }___ `- ! f ___I I -i I 1 1 1 ,_ ► r- 1 I -1 : lci -F-1 i--� i iI d e p . [ t.z . t i ;' i iliia ! !1 1 ;< pi / i ir fill '1il $ Qet I 111111 P g!d 1;`,.,= 3 1 1 iiif ilti■9 6 t 4111 111 'VOA _ II ' f 1111 lilt I t it 11111'il All i y1 g 1 I i$i�1 $ 1111 I iI liorii t 1' ;.im 1 .! 1Tro i ie f iI I' ilii+ii 1i I r� 1 � 4 } e � i11i ■ l3e� =t��������l��t�t���� ii- 1 1 4Qdll �i 4i Hu. ii Ordinance No. 480-143 Page 8 City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-123 Rezoning Request/Ordinance No.480-154 REQUESTED ACTION: Rezoning for 1.4065 acres situated in the Samuel Freeman Survey, Abstract No. 525, Tract 3B2 LOCATION: Northwest corner of E. Southlake Blvd. and Bluebonnet Drive approximately 250' East of the intersection of Short Ave. and E. Southlake Blvd., at 2320 E. Southlake Blvd. OWNER: Mrs. Belle Lidster APPLICANT: Hanover Development Company CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eight (8) RESPONSES: No written responses received P&Z ACTION: October 20, 1994; Approved (7-0) ZA 94-123 Rezoning Request COUNCIL ACTION: November 1, 1994; Approved (6-0-1) to table ZA 94-123 to the January 17, 1995 City Council meeting. STAFF COMMENTS: The Applicant is aware of the Corridor Study being conducted by the city; however, due to contractual obligations, they must proceed with this application at this time. KPG/bls cm? G:\W PFM EMO\CAS ES\94-123-Z.W PD N(7 ''' i SAIJt 813 At pIa t' . ,.- . . ---- 7A3. --V. { W% .T` A. ' .)AIJI pAIM • ),�- A A Al 1r t .,u Y r `\tAsr rwoaA.o SOW(' t I' " 6 s) y, t f >• y cOnIL� le1 lc IA 20 -- -7r— — , se WI ar -WI In AvrRL6i:.O ATE :At —u� It I - —._ IR —2( u r r �1TTT� � •JY I iCHOOL 1" x, r•� • H .)R 22 A I 502 l.� I ,. Elf' �y� IC -\\ G ANI e n A< 502A xlc x,n/ K. r.. _ sot At ''�I—tA4 {�j`l I sA) snc) isa Cal I � sou a • RICH cr RD EthD3 I SA ' ' _ xIe Kr A-Mr t• -� PIA I 0. . ' SAJAIill is �" .lin I)II. pf .r SAS SC191 �� •JI SPlit y�}- ' I SDI I SOt 0 St 6 Sl ©10,. �A 5�1U� (�/�/�(� DUI/�t�1 �„ LA V, l F I I- F; N N, '1 I e H O e\N h1 t�J L W W R t 4 ' 5e481 )81 7fll l)Be 5 2et)':2A)86 A 3 /1A I SAVKr t-rag I 5948 , J 2e 2A 2 1'. 's 1 SA,A oft�j�' 297 28 79s 289 le 2B, / { CITY s xl 1 - 3A2 SAt 15NR o S ©©©O ® 2P r Nirclt wo�HAL1. - ST pA © © (� 2E 20 2R 2t1�fASA 2A1 2A/311 .......„. (.�I I 6.. 584( ORE6 Y 6RND51 r -- I �x cO 1 2A: , ' A 2A Se2e se2A AGE? yl I sel tes le ie2 I { /11 NORTH WEST PKWY '\ST x xl I e 6 !Wmr 20 2AI..... r AIMBA / ' rAR DR �! _ =` YFIE : 2A2. IAS0 SW,M.AKI WM. ..*�© ' _L__ -- -14-17011) -- -- if a —_i- '-------- m • a— I I 1,2 )A L � 20 teA 182 ,8 ■ IC -_ -- I- , : P, L IC 2 - Gpp9 1829 frM :.N. 28 ; r sa jp RRI ori" A 30.6 aC:7 M" --- [ 181 2AI 6A,A' >�p U 2A3 SE 2 --- -- 3 A? 2A2A 2AIA 2A19 b PHA' litrilIP- IC 2 2AI y, 1209. Ac 't. ' ' O ©© -r' to , r --, nE c - -- ¢ I i $ i _ pW THO M A S 156 Az I cJy a I op,Ks- 5 SA a ITS N 5 '� , w / 0 GC 1 2-1 6r,� 6C ,AI , _ _ _ A j rrrE — 6K 6KI IN 20 At G 4 , tiosA1�_,, 1104 ' U �, , -- ' GRAPE VINE N. HttLd)SMK' A-90J 6A1 I U _/ 6 s < 615 AtAMWOW SI r I}A T>< xt r-- .1 IA2C 6 '�, IA ` TRACT MAP nI 1 10Ac 10,[r I (l �A1`K N I '� M� I I- 7 m 1• Z N I LL� I Q I Q ? (we \a , I N — — —1r - - - - y • - - -Q . Q NQ�I I iE CI N I co J a a I Q - .--\- \ � Q - -, o N ' a co i /.. , I / / I = IN Q P. Z 0 N ° Z / I • ,_ o / L = -ir _� pZ r cc z Nn o C • CIm a W °c m / V it c) • ro �a 1�NNo8�f1�8 )`L1 °a U m m 1 co ►n .ice 21 ��� NW v L Nr) J 00 L� �6- m.' hilk qi �Y N ) �-- oy , � , N N n It -- --- __ o co *]nb' TIb'BWI>iQ 04111 W S c� LL1 I ---Th Q] N (11.111111e r,e MAP OF A TRACT OF LAND IN THE SAMUEL FREEMAN SURVEY ABSTRACT NO. 525 CITY OF SOUTHLAKE, TARRANT COUNTY, tEXAS. (SEE ACCOMPANYING DESCRIPTION) CP 00 IrR • /�.P o P�_A F,Ill N mp.1 '�, JAMESeN ea!RANGES!peN61E WINFRET C o er 3 .V O \� t M I 0 <C,C( to J oMESe 1NENRy a+.e• r A.e wINFRET ^�1 a p e •-1 `,` _ BEGIN •O J rc G`OV DESCRIPTION W 7r i .r m r o ::n (CALL ses•oiw ns.o1 N9°OOt40"E 346.82 (sas.T') Ir- — ' — ___ :/A ': J1 G - - —— (EAST 1E7 YRS.) a •t a O m 7 to LJ 2°se" CM L�•s000 ` /e GONNERt,Le ue, le BELLE Llos rER /{3 METAL —ED (TRACT I) I o 3 j *.c.e.R. " / BUILDING 0 Cr K MBALL "ec TMC,. a. O w I \ \� BROAD o.6'. — M : ( </ z O) R „° M \•`" •�. 6/,166 SQ. F�. FRAME N • c RO •• (' FRAME BUILDING Li Ip 'Mor.(.... el.oJ« z r a, `,'� BUILDING L4065 Acres ) r' Z FS"Se Ir f='Q' ..SR FRAME IL�J' L 0 Ety.a•y 2.1r'1 • ♦R-is?, • CARPORT n m '86a FRAME ••"r ; Li.I comp t„° C ' RESIDENCE J °/45 3 "BASE o B co t4/9 .0v, 0 F 4 ?'Eras a°r°4T10., E — NORTH �••.: M,M 3.se, 1 SCALE- AR ,N,�.a3'R. y^ e berm I WVRLJ JS I LO 1130 r V y11/4 N1 otayER v Po w Ryo of REt ER• Cn l y�/ /, t 1R \ I hereby certify that the s rrmy map here and thesO o9 RnEYIME ` n accompanying description depict end describe chee results o/ 0040•1 surrey made on the ground•under my supervisin,of the d prrty depicted and described,and that this clap shod all (WA apparent easements u toted by t rey:apparent Intrusions J and'protrus ions across s boundary are depicted a C-,,_.-,T determined he surreys no portion o/the subJect propene Ler, CITY OF SOUTHLAKE, TEXAS (of ORDINANCE NO. 480-154 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING L4065 ACRESSITUAT iNiTBASAIWUEL, FREEMANURVEY ABSTRACT NN .5, TRACT 3B2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" .. ........._... AGRI LTI.tRA.G TO "C-3" 'GENERAL COMMERCIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EI-NBCTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the G:\ORD\ZONING\480.154 Page I facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, (kir' WHEREAS, the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: L G:\O R D\ZONING\4 R0.154 Page 2 ,•1 Being a 1.4065 acre tract of land situated in the Samuel Freeman Survey,Abstract (itioe No 525,Tract 3B2,and more fully and completely described in Exhibit"A" attached hereto and incorporated herein, from AG Agricultural to C-3 General Commercial District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences, words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable (be consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to (11120, such accrued violations and all pending litigation, both civil and criminal, whether pending in court G:\OR D\ZONING\480.154 Page 3 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR ATTEST: L CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY (kw G:\ORD\ZONING\4R0.154 Page 4 APPROVED AS TO FORM AND LEGALITY: (bre CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L (1110‘• G:\ORD\ZONING\4R0.154 Page 5 ) i EXHIBIT "A" L SITUATED in the City of Southlake, Tarrant County, Texas, and being a tract of land in the SAMUEL FREEMAN SURVEY, Abstract No. 525, and being a portion of that certain tract conveyed to Belle Lidster by deed recorded in Volume 1768, Page 84, of the Tarrant County Deed Records, and said portion being more fully described as follows: BEGINNING at a 1/2" iron rod found in place near a fence corner for the northwest corner of said Lidster tract, and the southwest corner of that certain tract conveyed to James Henry L. and Frances Angie Winfrey by deeds in Volume 4727, Page 241, and Volume 3474, Page 593, of said Deed Records , said point being by description 302.2 feet East and 129.3 feet North of the southeast corner of the Thomas Mahan Survey, Abstract No. 1050; THENCE North 89 degrees , 00 minutes , 40 seconds East (East , 125 varas by Lidster deed; S 89° 06' W per Winfrey deeds) with the north line of said Lidster tract and the south line of said Winfrey tracts, 346.82 feet. to a 5/8" iron rod found in place for corner in the west line of Bluebonnet Drive (variable width right-of-way) ; THENCE South 1 degree, 10 minutes, 05 seconds West with said west line of Bluebonnet Drive, 239.60 feet to a Texas Department of Transportation monument at the point of intersection of said west line of Bluebonnet Drive with the northerly line of State F. M. Highway 1709 (130 foot wide right-of-way at this point) , said point being the northeast corner of that certain parcel conveyed to the State of Texas by deed recorded in Volume 9816, Page 560, of said Deed Records; ( :HENCE North 70 degrees , 47 minutes , 10 seconds West (base bearing from Texas Department of Transportation and State of Texas deed, N 70°47 ' 12" W, 213.73 feet) with the northerly line of said State of Texas tract and said F. M. 1709, 213.68 feet to a Texas Department of Transportation monument found for the beginning of a curve whose center bears South 19 degrees , 14 minutes West, 1974.86 feet; THENCE .northwesterly with said curve, continuing with said northerly line of State of Texas tract and F. M. 1709, a distance of 145.23 feet (per State of Texas deed) to a 5/8" iron rod set for the northwest corner of said State of Texas tract at the point of intersection of said northerly line of F . M. 1709 with the west line of said Lidster tract and the east line of that certain tract conveyed as Tract I in deed to Conner Lam recorded in Volume 6462, Page 380, of said Deed Records , and also in deed recorded in Volume 8118, Page 1155, of said Deed Records; THENCE North 0 degrees , 38 minutes , 30 seconds West (North per Lidster deed; S 0°54 ' E per Lam deed) with said west line of Lidster tract and east line of Lam tract , 120.50 feet to the PLACE OF BEGINNING , and containing 61 ,266 square feet (1.4065 acres) . (Ivy G:\ORD\ZONING\480.154 Page 6 City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-124 Rezoning Request/Ordinance No. 480-155 REQUESTED ACTION: Rezoning for 3.726 acres situated in the Samuel Freeman Survey, Abstract No. 525, being a portion of Tract 1 of the W.E. Mayfield Subdivision LOCATION: Northeast corner of E. Southlake Blvd. and Bluebonnet Drive approximately 700' East of the intersection of Short Ave. and E. Southlake Blvd. OWNER: Jimmy R. Parker APPLICANT: Hanover Development Company CURRENT ZONING: "B-2" Commercial Manufacturing District REQUESTED ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eleven (11) RESPONSES: P &Z ACTION: COUNCIL ACTION: Three written responses received within the 200' notification area: * Belle Lidster, 2320 E. Southlake Blvd., in favor; The owner should be able to do what he wants to with the property since he paid for it. * Robert George Lyford, 6502 Santolina Cv., Austin,; in favor if this request contemplates a retail shopping center;opposed if this request contemplates the continuation of the wrecking yard. * Roy E. Lee, 2620 E. Southlake Blvd., in favor; he prefers commercial versus industrial development. October 20, 1994; Approved (7-0) ZA 94-124 Rezoning Request November 1, 1994; Approved (6-0-1) to table ZA 94-124 Rezoning Request to the January 17, 1995 City Council meeting. STAFF COMMENTS: The Applicant is aware of the Corridor Study being conducted by the City; however,due to contractual obligations, they must proceed with %r this application at this time. KPG/bls G:\W PF\MEMO\CASES\94-I 24-Z.W PD 1 15,, r �' ---- 1,. 'IT 10 ---{.11-;_.I'-._2A2A ]A 5A 1. 4 y,� � - N(4 E/) N� ��.c — SAID/ e u A< p� )AJ : - �, tat.A, 3A1 __ ^- _ __ t�sr MGM M10 zrR[tr �— SAIJII 2"1AiiAtAN 1 'r`T r \` I SAIn - 1 ..1 Y--- u Kl _______-- - _ �-� fi r 6C 'A ROIL 1 Alt/qt.—In rz /e' i IC 1� m -  __=_Tr, 1_ ,, 5e 5AI ( 3(�/ II I . � '2R 1J iit` I 502 ` -� 5C1 / A 1 IC ' M.\\ r,r/ ll' -,. 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Ii U n o� / m a F- da `d' m a g< ", b W�a' o� ei .cw i o Q ) m 2 � ;��$e V �J 0 r Q 1b ' '/ �p05Q d b .1.4. *se*y' U i n dj w `a-o• ;o' / to on d�([ O p'a �6Qd',�`' o eta: / N Z 1 bif� ^7"w M.G O Vie' o n f off. / vat / ao .�9'E01• 3.8t.81=0N • d — s b< i S 'JNOV4 1 1,VMd5V is 3AR10 13NNOa3n18 z 0 wWW L CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-155 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 3.726 ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTA.C.1. NO.525,BEING A PORTION OF TRACT 443F TIE W.E. ;MAYFIELD SUBDIVISION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B-2" COMMERCIAL MANUFACTURING DISTRICT TO "C3" GENERAL COMMERCIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; Lir PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "B-2" General Commercial District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake,Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these (ttimp, G:\ORD\ZON ING\480.155 Page 1 changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered,changed (awe and amended as shown and described below: G:\OR D\ZONING\480.155 Page 2 Being a 3.726 acre tract of land situated in the Samuel Freeman Survey,Abstract No (111re 525, being a portion of Tract 1 of the W.E. Mayfield Subdivision, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "B-2" Commercial Manufacturing District to "C-3" General Commercial District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections, paragraphs, sentences,words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development Lire of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to G:\ORD\ZON I NG\4R0.155 Page 3 such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR ATTEST: L CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY L G:\ORD\ZONING\480.155 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (kw G:\ORD\ZONING\480.155 Page 5 • EXHIBIT "A" L A portion of Tract No. 1 of the W. E. Mayfield Subdivision in the City of Southlake in Tarrant County, Texas, as said Tract No. 1 appears upon the map recorded in volume 388-C, page 4 of the Tarrant County Deed Records; and embracing a portion of the tract described in the deed to Jimmy Ray Parker and wife Irene L. Parker recorded in volume 6415, page 794 of the said Deed Records. Beginning at a 1/2" iron found for the northwest corner of said Parker tract and the southwest corner of the 8-345/1000 acres tract described in the deed to Four Bear Creek Associates recorded in volume 8133, page 1655 of the said Deed Records, in the east line of Bluebonnet Drive. Thence south 72 degrees-34 minutes east, along the north line of said Parker tract and the south line of said 8-345/1000 acres tract, 499-78/100 feet to a 5/8" iron found for the northeast corner of said Parker tract, the southeast corner of said 8- 345/1000 acres tract and a corner of the 11-92/100 acred tract described in the deed to Wetzel Family Partnership, Ltd. recorded in volume 10179, page 971 of the said Deed Records. Thence south 5 degrees-55 minutes-12 seconds east, along the east line of said Parker tract and the west line of said Wetzel tract, 198-34/100 feet to a 5/8" iron found for the easterly southeast corner of said Parker tract, the southwest corner of said Wetzel tract and for the northeast corner of the tract described in the deed to Harold C. Bunch and others recorded in volume 10955, page 1481 of the said Deed Records. (IW Thence north 89 degrees-40 minutes-57 seconds west, along a south line of said Parker tract and the north line of said Bunch•tract, 206-31/100 feet to a 3/8" iron in concrete found for a reentrant corner of said Parker tract and the northwest corner of said Bunch tract. Thence south 6 degrees-13 minutes-58 seconds west, along the east line of said Parker tract and the west line of said Bunch tract, 155-65/100 feet to a 5/8" iron found for the southwest corner of said Bunch tract and for the northeast corner of the 0-173/1000 of an acre tract described in the deed to the State of Texas recorded in volume 9863, page 129- of the said Deed Records for the north line of right of way of Southlake Boulevard. Thence north 70 degrees-39 minutes-34 seconds west, along the north line of said State of Texas tract, for the said north line of right of way of Southlake Boulevard, 292-81/100 feet to a concrete Highway Department monument found for the northwest corner of said State of Texas tract, in the west line of said Parker tract and the west line of said Tract No. 1, also being the intersection of the said north line of right of way of Southlake Boulevard and the said east line of Bluebonnet Drive. Thence north no degrees-18 minutes-48 seconds east, along the said west line of Parker tract and said Tract No. 1, and the said east line of Bluebonnet Drive, 403-64/100 feet to the place of beginning and containing 3-726/1000 acres. (Isow G:\ORD\ZON tNG1480.155 Page 6 City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-147 Rezoning Request/Ordinance No. 480-161 REQUESTED ACTION: Rezoning for 8.84 acres situated in the T. M. Hood Survey, Abstract No. 706, Tracts 8A7, 8A10 and 8Al2 LOCATION: South side of W. Highland Street approximately 550' West of N. White Chapel Blvd. OWNERS/APPLICANTS: John A. and Kay C. Myers CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: On written response received within the 200' notification area: * Jose Campbell, 335 W. Highland, opposed; unless the homes are built on one acre lots and the "AG" Agricultural is kept. P &Z ACTION: January 5, 1995, Approved (5-0) ZA 94-147 Rezoning Request STAFF COMMENTS: Applicant has submitted a 1-lot Plat Showing to Staff and has plans to build one single-family residence at this time. 0,n✓ KPG/bls G:\W PF\M EMo\CASES\94-147-Z.W PD ,a hes ;.L; -uu w u,l u1 ...off. 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THOGGIA� l,r HOE-)1 t'• 0 i o1.6:..0. e<9 ICI A0 1l.6 K5 RA ` _-_ - ,t B9, • - - --- ..,,. sv 4 ne 7, e� u e.1, e.,6�y ^; eB6 ` i - pI U < ®5 R R "c i I� °"°e i °B-ffi .rrN ' .1,1 s.. - - E MIL I E a �'y �R " ,A p D G t I =— e 5 1 0 : -- 1 11A3 y15 , Ex P55,! , W.• ` .6.4 W SA9 IA ,i1111111..? - -I 11c2 I,1C,AI 11C2 "Ilf 0 , --Ls 14 9,4 A j�-1—� B Ql �'G f' i �i/.Mn7. f�Q�� a.,,., ©iE I' ' .�� i 4 ' l ba LLB 5,R fiu9ar A-695 � M G.f� �• ., I � 9r I .sa , .:r 21-4::‘ :1050 • • _ I' /, :, s. ' . _+_ 1.65- &I. I- 5 1G5 3 ACRE'SE U y g UTN I k�Cc 1�'1A� iO �. F 5.t 1 x 1t _—_ , " r -1 __ _.i. Y 5' �`. Y >•.:I' E 3A1A rN"1'1' L �._I ), , -__-�� ` r'-• !r. , , giC- PARK a GR' 3Bc �I - HALL _. NR ; E�_ _ J l 5 x. -� 1 ��1 _ TI Jr - 4 G i. Al 5- 3 J T AVV Y_ I ESTA 0, _ ■ .t 35 4 _� MIT�' • _.. 1. , x [ •fAP '' - 1' L � e, .Sr _ • • _ _. 1 y 1 i' .5"1 34 1 A 1 xI r x 5a y y. p �1 n, TIrI 1 • , 1 --.' , E 104 6M .�[eB54 .5)K I�\'41f. I1X�,I ��. 111 1 WH L— o f�M �� ` � I ,, I . H'R DI51 j IDI �F K. • , w A' G r ., x,l , ��:l. \III. l ),I. �M ; � i ",-,--,...i TRACT MAP \ y 1 ( •il fi // 29' 51. I. v Fy tcD'a -v.:Y 11....,# :+A, 5 8 '8 "AG" Spin #10 Representative Betty Springer 1 2 1 ,�AG„ o C T. Seaborn H. Pangburn 00 "AG" WEST H I GH LA\ 9 STREET - - "AG" � ., • , R. Wink � 1 E ;16 8A . � JAI • - 1 / AG 8 J. Wood .7834 8A5 5A 8 "AG" , 833 L 1 8A8 I N 83 5 ,,D. Miller 83 "AG" I8 • 3 K I � _ . Nitsch "AG" cz Ate ! 3 Ai 8 ct 831A 0 cd ,>_ 0 , •/\ B. Paty'' 8 31 C LBA9 8A 1 • 891 � 1 9A . "AG" AG 8313 N. Dunn \ 13 T. Kasper "AG" 1 T . -----1- 1 1 __________ 1 A C( 1 1 ADJACENT OWNERS . - i - . 1_ L. AND ZONING I C ELti CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-161 AN ORDINANCE AMENDING ORD 1 CE NO. 480, A AMENDED,THE COMPREHENSIVE Z ING ORDINANCE OF TTE CITY OF SOUTHLAKE, TEX• :; GRANTING A ZONING CH E ON A CERTAIN TR• " T OR TRACTS OF LAND WITHIN CITY OF SOU ' LAKE, TEXAS BEING 8.84 ACRES S TE IN THE .HOOD SURVEY, ABSTRACT NO. 706,TRAC 8A7, 8 AND 8Al2, AND MORE FULLY AND COMPLETELY DE RIBED IN EXHIBIT "A"FROM "AG" AGRICULTURAL TO' .1 -1A SINGI R-FAMILY RESIDENTIAL ........... DISTRICT, SUBJEC ' T• THE SPECIFIC REQUIREMENTS CONTAINED IN HIS OR 1 ANCE; CORRECTING THE OFFICIAL ZON G MAP; ' ' SERVING ALL OTHER PORTIONS OF HE ZONING ORD " CE; DETERMINING THAT THE P/BLIC INTEREST, MOR• AND GENERAL WELFARE 0 EMAND THE ZONING C GES AND AMENDM TS HEREIN MADE; PROVIDING T , THIS ORDINAN' E SHALL BE CUMULATIVE OF • L ORDINA►,CES; PROVIDING A SEVERABILITY CLAUSE; PROVID G FOR A PENALTY FOR VIOLATIONS HEREO'; (re PROV WING A SAVINGS CLAUSE; PROVIDING OR PUBL ATION IN THE OFFICIAL NEWSPAP- ; AND • 'OV DING AN EFFECTIVE DATE. WHEREAS the City of Southlake, Texas is a home rule City acting under its Charter adopted by the elec orate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local overnment Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the G:\ORD\ZON ING\48(1.161 Page 1 j.l facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, (Iire WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large,the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: L G:\OR D\ZONING\4 R0.161 Page 2 Being a 8.84 acre tract of land situated in the T.M.Hood Survey,Abstract No. 706, Tracts 8A7,8A10 and 8Al2,and more fully and completely described in Exhibit"A" attached hereto and incorporated herein, from"AG" Agricultural to "SF-1A" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court G:\ORD\ZONING\4%0.161 Page 3 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR ATTEST: (re CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY L G:\OR D\ZONING\480 161 Page 4 APPROVED AS TO FORM AND LEGALITY: (har CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L G:\ORD\ZON ING\4g0.161 Page 5 EXHIBIT "A" L THAT WHEREAS, John Alexander Myers III and wife Kay Chamberlain Myers are the owenrs of a tract in the T. M. Hood Survey, Abstract No. 706, situated in the City of Southlake, Tarrant County, Texas as described in in deeds of record in Volume 8313 , Page 1584 and Volume 8315, Page 612 , Deed Records , Tarrant County, Texas , and being more particularly described by metes and bounds as follows : BEGINNING at a 1" iron at the intersection of the West line of the tract described in Volume 8313 , Page 1584, above referenced and the South right-of-way line of West Highland Street , said point being, by deed call , 17. 1 feet South of the Northwest corner of said tract ; THENCE N. 890 - 21 ' - 27" E. 410.90 feet along said right-of-way line to a 11" iron found in same at the most Northerly Northeast corner of the tract described in Volume 8315 , Page 612, above referenced , said point being the Northwest corner of a tract described in Volume 9502, Page 1959, Deed Records , Tarrant County, Texas ; THENCE S . 00 - 03 ' - 22" E. 443 . 11 feet to a 1/2" iron found at the Southwest corner of the last referenced tract; (1.:NCE N. 850 - 23 ' - 54" E. 74 . 94 feet to a Z" iron found in the South line of the last referenced tract, same being the -Northwest corner of a tract described in Volume 7632 , Page 2174, Deed Records, Tarrant County, Texas; THENCE S . 00 - 20 ' - 11" W. along the West line of the last referenced tract and continuing along the West line of the tract described in Volume 7347, Page 575, Deed Records , Tarrant County, Texas , 420 .94 feet to a fence corner post at the Southwest corner of the last referenced tract in the North line of a tract described in a deed of record in Volume 2986 , Page 540 , Deed Records , Tarrant County, Texas ; THENCE S. 880 - 47 ' - 40" W. 483 . 61 feet along said line to a 2" iron found at the Southwest corner of a tract described in Volume 8313, Page 1584 , above referenced; THENCE North 863 . 60 feet to the POINT OF BEGINNING and containing 8 . 84 acres . G.\ORD\ZON NG\4R0.161 Page 6 City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-148 Rezoning Request/Ordinance No. 480-162 REQUESTED ACTION: Rezoning for 0.9441 acre situated in the T.J. Thompson Survey, Abstract No. 1502,Tract 1B 1B 1 LOCATION: North side of W. Continental Blvd. in the 2300 block, approximately 575' East of Davis Blvd. OWNER: Elsie C. McClendon Estate APPLICANT: Larry and Denise Overby CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-30" Single-Family Residential District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eight(8) RESPONSES: No written responses received P&Z ACTION: January 5, 1995; Approved (5-0) ZA 94-148 Rezoning Request STAFF COMMENTS: Staff has made the Applicant aware that a variance will be required from ZBA to allow a septic system on this lot. 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F ' ' 1 s 5B SCHOOL , - .. — lj • Y LA. AL V i �N * ,h I3A. 7501A 1 l 1 'rU NAt ADk ''-.0ZA\In\inIl91;�;U. [IL 'l C2��)UW�lli.:,•©1 I' II -r cr') f� I 1 MrNN r A I1(1♦ Q �tuz MET�-rE5 t; 1 ; TRACT MAP ,a,k 11-5 N o 0J----L, 1A2A - _I L o 1 B 3 I SUR V Y Spin #15 Representatives Wayne & June / 13 - - - 'KLLN OOD 7. 134 PA �, U , \ N\ - - - - --1-• . - . - . 6C1A 0 _ 1 6C ► E.W. Flanders 1-1" , I- "1-1" ,,,-1 - BRIAR — m3 I 1 1 132 ..AG c/JI i . "1-1" i G. White a, o, 6 131A1 131 1B1B 131A A „AG„ ..AG.. 6 F L. Kane K. Harlan 2 A c "SP-1" 4 4(.., Q 4A 5 A "SF-20A" j Q Tex Art Stone Co. i "AG" Continental JV N� 711 < ADJACENT OWNERS AND ZONING 1 A Igo CITY OF SOUTHLAKE, TEXAS Loy ORDINANCE NO. 480-162 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 0.9441 ACRE SITUATED IN THE T.J. THOMPSON SURVEY, ABSTRACTNO.1542,TRACT 1BIB1,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"' AGRICULTURAL TO"SF-30"'SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE S CIFIC REQUIREMENTS CONTAINED IN THIS ORD I CE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZON I ' ORDINANCE; DETERMINING THAT THE PUBLIC INT" ST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HE' r N MADE; PROVIDING THAT THIS ORDINANCE SH• L BE CUMULATIVE OF ALL ORDINANCES; P' •VIDING A SEVERABILITY CLAUSE; PROVIDING FO' A PENALTY FOR VIOLATIONS HEREOF; PROVIDING • SAVINGS CLAUSE; PROVIDING FOR (kw PUBLICATIO IN THE OFFICIAL NEWSPAPER; AND PROVIDING • EFFECTIVE DATE. WHEREAS, the ity of Southlake, Texas is a . - • - ••.. under its Charter adopted by the electorat- pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Go ernment Code; and, WHERE• :, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake,Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the G:\ORD\ZONING\480.162 Page I facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise Lse, producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, (1000` WHEREAS, the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered,changed and amended as shown and described below: Lir G:\O R D\ZO N I NG\4 R0.162 Page 2 Being a 0.9441 acre tract of land situated in the T.J.Thompson Survey,Abstract No. 1502,Tract 1B IB 1,'and more fully and completely described in Exhibit"A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-30" Single-Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby,but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable (we consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to cle such accrued violations and all pending litigation, both civil and criminal, whether pending in court G:\OR D\ZONING\41111.162 Page 3 (ilow or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR ATTEST: L CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY L G:\ORD\ZONING\4811.162 Page 4 APPROVED AS TO FORM AND LEGALITY: L., CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Lye G:\ORD\ZONING\4NOJ 62 Page 5 EXHIBIT "A" (kr BEING a tract of land out of the T. J. THOMPSON SURVEY, Abstract No. 1502, Tarrant County, Texas and owned by Larry J. Overby and Denise Overby by deed recorded in Volume Page Deed Records, Tarrant County, Texas and being described as follows: COMMENCING at an iron pin in the North R. 0. W. line of Continental Boulevard and the East R. 0. W. line of Highway 1938, said point being East 60.0 feet from the Southeast corner of the Jesse Allen Survey; THENCE North 89 degrees 11 minutes 19 seconds East 515.0 feet to the PLACE OF BEGINNING OF TRACT BEING DESCRIBED; THENCE North 01 degrees 26 minutes 38 seconds West 381.90 feet to an 3/4" iron pin set for corner; THENCE North 88 degrees 45 minutes 17 seconds East 107.66 feet to an 3/4" iron pin found for corner; THENCE South 01 degrees 25 minutes 05 East along a fence line 382.72 feet to an 3/4" iron pin found for corner in the North R. 0. W. line of Continental Boulevard; THENCE South 89 degrees 11 minutes 19 seconds West 107.49 feet to an 3/4" iron rod found `or the PLACE OF BEGINNING and containing 41 , 126. 61 square feet or 0.9441 acre of land nore or less. (kw' G:\ORD\ZONING\480.162 Page 6 City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-149 Rezoning Request/Ordinance No. 480-163 REQUESTED ACTION: Rezoning for 6.0 acres situated in the T.M. Hood Survey, Abstract No. 706, Tract 2A1 LOCATION: West side of Shady Oaks Dr. in the 1200 block, approximately 75' North of the intersection of Shady Oaks Dr. and W. Highland St. OWNER/APPLICANT: Robert H. Moss CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Ten (10) RESPONSES: No written responses received P&Z ACTION: January 5, 1995; Approved (5-0) ZA 94-149 Rezoning Request KPG/bls G:\WPF\MEMO\CASES\94-149-Z.WPD • 9 , A.9k 51,\I_ '_f4 ._-.WIG I _ IA� ,1 x 1...sA1: e,9+ J:HES Q. MARTIN TIN NFORD _oc-ir DN a nEle la a DpKS I I _.'Lave',. 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Jones A 8A3 8A2 11 8A1 ADJACENT OWNERS L 11 F AND ZONING CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-163 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 60 ACRES SITUATED IN THE T.M. HOOD SURVEY,ABSTRACT NO.706,TRACT 2A1,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURAL TO "SF-1A" SINGLAE F Y RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS REIN MADE; PROVIDING THAT THIS ORDINANCE SH BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY CLAUSE; PROVIDING FOR A PENALT FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE CIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE ATE. REAS, the City of Southlake, exas is a home • - 'ity acting under its Charter adopted by the e ec • . - .. - - - ' • e • - - - - • of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southiake,Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the (11••••- facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise G:\ORD\ZONING\480.163 Page 1 producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered,changed and amended as shown and described below: L G:\O RD\ZON ING\4 SO.163 Page 2 Being a 6.0 acre tract of land situated in the T.M. Hood Survey, Abstract No.'706, Tract 2A1, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-1A" Single-Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections, paragraphs, sentences, words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable (ire consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court G:\ORD\ZON ING\460.163 Page 3 \� t or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR ATTEST: (ire CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY L G:\OR D\ZONLNG\480.163 Page 4 _ • 1 APPROVED AS TO FORM AND LEGALITY: L CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (hoe G:\ORD\ZON W G\480.163 Page 5 EXHIBIT "A" (we' THAT WHEREAS, Robert H. Moss and wife Willie Mae Moss are the owners of a tract in the T. M. Hood Survey, Abstract No. 706, situated in the City of Southlake, Tarrant County, Texas , as described in a deed of record in Volume 5483, Page 326, Deed Records, Tarrant County, Texas , and being more particularly described by metes and bounds as follows : BEGINNING at a 1" iron found in the West right-of-way fence of Shady Oaks Drive for the Northeast corner of the herein described tract, said point being 40.93 feet South and 47.4 feet West of the Northwest corner of Lot 2-B-2-A, Block 1 , Burnett Acres Addition to the City of Southlake, as shown on a plat of record in Volume 388-171, Page 21 , Plat Records, Tarrant County, Texas; THENCE S. 00 - 41 ' - 10" W. along the West right-of-way fence of said Shady Oaks Drive 406.64 feet to a 1" iron found in same for the Southeast corner of the herein described tract; THENCE S. 890 - 59 ' - 41" W. 642. 39 feet along the North line of a tract described in Volume 2741 , Page 464, Deed Records, Tarrant County, Texas, to a 1" iron found in same for the Southwest corner of the herein described tract ; T rNCE N. 00 - 37 ' - 56" E. 406 .70 feet along the Easterly line of a tract described in Volume 2312, Page 624, Deed Records , Tarrant County, Texas, to a k" iron found in same for corner; THENCE East (base bearing Volume 5483, Page 326, ) 642 . 76 feet to the POINT OF BEGINNING and containing 6.0 acres . (11M10e G:lORD\ZON ING\480.163 Page 6 City of Southlake,Texas MEMORANDUM January 13, 1995 TO: Curtis E. Hawk,City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-150 Plat Showing REQUESTED ACTION: Plat Showing of Lots 3 &4,T.M. Hood No. 706 Addition, being 6.0 acres situated in the T.M. Hood Survey, Abstract No. 706,Tract 2A1 LOCATION: West side of Shady Oaks Dr. in the 1200 block, approximately 75' North of the intersection of Shady Oaks Dr. and W. Highland St. OWNER/APPLICANT: Robert H. Moss CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Ten (10) RESPONSES: One written response received within the 200' notification area: * Joseph M. and Nanette M. Reilly, 1275 Shady Oaks Drive, in favor although they have concerns regarding drainage (see attached letters). P &Z ACTION: January 5, 1995; Approved (5-0) ZA 94-150 Plat Showin! .ubject to the Plat Review Summary dated December 29, 1994. STAFF COMMENTS: Applicant has met all the review comments of t first Plat Review Summary dated December 29, 1994 with t - -x -ption of those items addressed in the attached second Plat ' : w Summary dated January 13, 1995. KPG/bls (6 G:\WPF1MEMo\CASES\9415OPS.WPD t' l . - �"IYiyi� a i`:( E . `_'''Joseph M. Reilly Nanette M. Reilly (Ibir 1275 Shady Oaks Drive Southlake, Texas 76092 27 December 1994 City of Southlake Planning and Zoning Commission 667 North Carroll Avenue Southlake, Texas 76092 Re: Reference ZA 94-150, Lots 3&4 , T.M.Hood No. 706 Addition With regard to the above reference, we support the application of Mr. Robert H. Moss as platted. We are pleased that Mr. Moss has selected Southlake for his new home, has decided to build on only a small portion of the property, and will continue to use the remainder for agricultural purposes (livestock and recreational rodeo) . Our only concern regards the correction of a long standing drainage problem. The gravel access road onto Mr. Moss ' s property is a primary contributor to the frequent flooding of both Shady Oaks Drive and my property, including on occasion my living room. This problem has been reported to the City on numerous occasions by myself, my neighbours and the previous owners of 1275 Shady Oaks Drive; all without a substantive result. In addition, I had previously written to the mayor, in conjunction with the proposed Coventry development, about the general flooding problem in the area (attached) . If the existing road is paved without provision for drainage and diversion away from Shady Oaks Drive, it is likely that the problem will only be aggravated. It appears to me that this is an ideal opportunity to rectify that portion of the problem related to Mr. Moss ' s property; including correcting the defective drive drainage and improving the bar ditch along the west side of Shady Oaks Drive; although it is not clear to me whether this last item is the responsibility of the City or Mr. Moss . We respectfully request that you fully consider our concerns when reviewing the subject application. Sincerely, 51-vr. /17. )16/AAJIt /11-494:1/is Liw, Joseph M. Reilly ganette M. Reilly • Joseph M. Reilly 1275 Shady Oaks ' Southlake Texas (lire 21 September 1994 Gary Fickes, Mayor City of Southlake 662 N. Carroll Ave. Southlake Texas 76092 Subject: Flooding Problem in the North Shady Oaks Area; Existing complaint and probable impact of Coventry Development Proposal Sir: I reside at 1275 Shady Oaks. My property is located on the east side of Shady Oaks and includes a portion of the stream which drains the local area. My property is also to the east of the proposed Coventry development. For the record, I am a geophysicist by profession with formal training in both ground water hydrology and geologic factors governing land use planning. In addition, I have been employed in the past under contracts to the federal government (Dept. of Energy, Nuclear Regulatory Commission) to conduct surface geologic mapping for.site assessment. My property is currently subject to flooding during heavy rainfall. The problem is caused by surface runoff from the west which bypasses the minimal bar ditches and drainage provided by the city along Shady Oaks. The problem is not only restricted to water. I am also subject to associated floods of gravel every time my neighbor to the west (Mr. Moss) improves his property by adding gravel to his private access road. My understanding of the city government's responsibilities, as supported by statements from city officials in the council meeting Tuesday night, are to: a) enforce statutes which ensure that property development does not increase runoff down stream b) maintain existing flood control and c) have an overall plan. I am told by my neighbors that the existing drainage problem has been a longstanding issue. As recently as a few weeks ago I was forced to call the Fire Dept. in order to 1) report a flooding problem during out-of-office hours and 2) solicit their help in alleviating the immediate risk of house flooding. I was told at that time that the problem would be reported to city staff. When city staff inspected the area last week they offered little hope other than agree to clear the bar ditch. They acknowledged that this would not solve the problem. With all due respect, if city staff are apparently unable to rectify the existing problem, what faith can myself and my neighbors place in the city ensuring our properties are protected from being adversely impacted by the proposed Coventry development? L w • Specifically with regard to the Coventry proposal, I would like to present a few remarks on the probable impact of the proposed development on the environment in the Shady, Oaks area. LirThe effects of urban development on surface water flow are essentially threefold: First, during the construction phase there is a substantial increase in sediment load in the runoff water during rainfalls. Second, the effect of buildings and roads is to permanently reduce the ability of the ground to absorb.rainfall. This results in increased total surface runoff volume. Third, the buildings, road surfaces and street gutters will result in an increase in the peak rate of flow to downstream areas during storm periods. These three effects should not be confused; they are separate issues which require specific analysis. Currently, as previously discussed, there is a serious flooding risk to the properties along the east side of Shady Oaks; to the North of Highland. Any increase in surface flow, particularly peak storm flow, will almost certainly result in the flooding of some houses (including my own). In addition, the bed of the creek to the east of Shady Oaks consists of a loose medium to fine grained sand. These sediments are extremely vulnerable to erosion and any increase in storm water flow down the creek will threaten both the immediately adjacent property and the mature trees which line the creek. We were told at the council meeting last night that the developer was required to negate any effect of increased runnoff resulting from property development. Regarding the drainage areas referred to as B and C on the Coventry property, I would note that there (we was no diversion route proposed. Regardless, there does not appear to be any access to the existing stream which does not cross private, mainly residential, property. I do not believe that drainage right-of-way is included in utility easements; therefore, it is completely unclear to me how the developer would fulfill his legal obligations. However, from information presented at last night's meeting, it is clear that this issue must be resolved prior to final plat approval. If the developer cannot offer a specific, conclusive drainage plan based upon the current plat proposal, then I might suggest, as a first step, reconsideration of both the number of houses and amount of road surface to be placed on that property. In summary; I am requesting: a) the city resolve the existing problem on a priority basis; including both the legal enforcement of statutes and street improvement issues. b) city engineers critically evaluate the surface drainage plans of the Coventry developers (including any fundamental math errors which result in complete reversal of study conclusions). c) city engineers critically evaluate the carrying capacity of the existing stream; specifically with regard to the erosional effects of increased stream flow during storm periods. L My neighbors and myself have already invested heavily in alleviating, as much as (Ore possible, the drainage problem within our respective property boundaries. I respectfully request that the city ensure that the current externally sourced drainage problems be rectified and future problems be prevented. Finally, I would like to express my sincerest congratulations to the city council on their handling of the meeting last night on this very emotional issue. With regards, 577 221 (hue L III-' � 1 I u, J r I K u 51ATi . , , , 7 ,E ' r �� �----- u ,0 4 R1 5 r :,e ✓'_$Lr_ 111 .sl ,.I- c .a D P ,o ,aae 'pPK 579� x S 5 .hGh..s,ls N. MARTIN_- NF°R °� — t1 K Ga r M '' . -,a,_� ' - ...r. ._„. '(,` I_ P 'c -�1®`t_ 19-E ,o.. JQ 1Y E�. 'L. r_ 190 rs,.. •' =.hI -.. •er ''je;c\ \ m11k r,14,! 1P.1pp(-1 , ... I HU .,, »m,4 'd ICJ'. 3 1 E 1E5 I ® A____ J �i• 5 ,Snr �� 503 _ •ooa • of., b1 Rp. — r I 4 r 4 ue4 » 5 ail 4 tit'. p'n1. ((ION re C -ESYA - 1,,` A 3 sr OOK s 1. 3 l i tSr OCK's,w[t .., ,.., i}13 ,7w7N1 'M'N) V _—__-!' lex Ho �_,—; -- _ _ — — — Ar�AYA PdpN J 114-- ' ' • .00- UCA vK RD E5 —� T. .' o �Ev°Rp "' I ,o. ",. '- ,•' _ ,.. 1„ E5 E.0 K- - ROB E51P ; ,c 'o ' (_J PprN +� eo4 '.1 °" 'u,o V P`R R • I °Lp p coU�. 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XIA >c,c gR'GN1311,1—ST s41 'e�.34 .4 ro e e pPrrl f. .'`,,' y 11 'ER - I f1 ' 4NiI® I`s;7® ARh V -i , r1 a� A c-al .qll, 9.+K. •-,q I S,.Kil,r4 sr'ZSi __ Si 40' __ Sv 4 :49 ��,,,, 6�•� 9.0 w9 e,WY Mr1 a e9• . • �� I r e. — M1 eeaG ee�I Sp 55E y°, r 4 F AGE MIL I E MC A si(„„ � - ' W Mrs M9M ,,,�y• 1, M 4 T� tl r� 'rC1 1rrC1.�"<1 ;45 I N.' ®'e Ill0 "_ 1 �r L.30 ,. "12. .� a. CI.'" ''l E,N'.' d .�v r/ II ER �fc7.C�7. 11AI "R .9o0.. HN MILN 34( -9f ».o m.[ » C., �P'}•',.{ Ss 4 1�,•....,.'.a.. � I ,.} I _.13:000,e.. — 1C10 oA•rAst C, lO F f•= F frJ!C , J .�., j "al • 9 °'.x[ ok.s"^' �`--. I . , .a XKt xr L / 1, .1_-"•r1• i? i'- - .�--. --�-- -- _+ - , • - r ` - 1„ a • x Ji '� I { { �p �� �at .f- •I 1, u.,••• t.' y �. �9 -� I ° -cr ,I •Y t.�g1N15 AOE If _ U ^94'r _-_ __� _I r1'r[1.6)1 G`3�1�, G Add eCENrENNIA FK i 1 ), , , �,/// o°E5 C�ER, ALL _` `�/�p �� Q s^c n' gg r yr , , G 1,` n. L 6a6 E: (: __,- ,E -I 'i- ES 1 l "I , ,,91, Avv0-00N to Ems— ��_ 5 n A — E5 n1 x01 yr- i ...ii.1 , 1. Ss 4 - , s, ...wt w.. •i _ _L �_y _— L_ l�_'GR�'y3 t•«___- _ -. �1 )', X. „1 2- ' I T ` . - - - ,I'% ,,, , _, _e1�—=-3, , C Y v `., ,o, n1 x r. r., x e - � 1. ` ( '�'. 1' „' )pj5r ,o.. 6k r' 5S14 .v4 01 G�'� !eP4 I11101. . ^ -..,2 \,_;..4, ; , , 9 ,�r p (er. 1 TRACT MAP1 P y,..,, Ut..J. . Thri L I' ' tr l ) 1 1 • • f.'T , tl L�( ' • , 'ar i YW.-OL.•. 21 - r. 3 t-'P1 n1 u }PsM 1 B RR ,, I ri 1 H.t y�j1 r Hr 4r c >~, AIJp (421 �I{e. �� f ' w4w taa„ hy) �I _) x' .1All '('111r �L, _,,c t,er �jv c 11, i . a, • ''t- '•'' ,.KF , II r, 1'I �n�l�� iri �O)I°s! IIu1�N ,rl 1t::!16,GIV r , a ,I I I ..J 22 _ \rr ----J "R-P.U.D." "AG" E. Shuping 2 C 1 _ r)0 U i / P n9 ----(.., 3A "AG" J. Kuelbs "SF-1 A" M. Howard 2A J. Reilly ir---j ) "SF-1A" F\ i A , H. Taylor _ . — — . R. Jones "SF-1 A" —11 4 t 4 4.- 1 F 0 Th,- i u ' 4 40 44°0 - :1-1 _-__--;) SURVEY A — 70 e M. Hall "kN SF-1A" "R-P.U.D." -' .. "R-P.U.D." f 2 Q I • L, 5 3 Ac H. Taylor 113 J. McCully A. Grant AG"H " 8 "AG" 11 8A6 8 A J Clow A 1 6 L Spin #11 R. Maness & R. Jones A 1 8A3 8A2 11 - 8A1 ADJACENT OWNERS L. 11 F AND ZONING • • City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 94-150 Review No: Two Date of Review: 1/13/95 Project Name: Plat Showing-Lots 3&4,T.M.Hood No.706 Addition,6 Acres in the T.M.Hood Survey Abstract No. 706, Tarrant County OWNER/APPLICANT : SURVEYOR: Ron H. & Willie Mae Moss Ward Surveying Company 515 Arawe Circle W. P.O.Box 820253 Irving, Texas 75060 Fort Worth, Texas 76182-0253 Phone: (2141790-2664 Phone: (817) 281-5411 Fax: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/09/95 AND WE ONFHR THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT TOM ELGIN AT(817)481-5581,EXT.753. 1. Provide a 25'offset between the existing barn structure and the west line of Lot 4, and reconfigure Lot 4 in order to attain 1 acre of lot area. * Prior to filing of the final plat,the applicant must submit percolation tests and septic system feasibility analysis for the proposed lots. Should this identify potential problems, the number of lots may be required to be reduced in order to provide sufficient area for a functional septic system or other innovative system as allowed by the Tarrant County Health Department. * All taxes due must be paid prior to filing this plat in the County records. * Original signatures and seals will be required on each blackline mylar prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc: Robert H. Moss, etux Ward Surveying Company G:\WPF\REV\94-150PS.WPD , - g ..,....,.. cg.s; • . 41 =g; ;„ ii:: i 1: I 12 . I If : •••• ••.2; _ 2 -: .“-, .: z • i . .: .: :: :r.: z - : 1 2 ... 2 El .2 . ...2 12 2 t 2 :2 2 . •• - '2. ... : ;•.2 • i 2.1: - - Z. t .i.11 •i :. i i E. :,..; ::.• t ilt ri.f; - = i • . .: t 1 ---.„. 1 ii sE t . ii- i E E : ::4; ; g; ; gs .- , - ' "'""2 2 • :2 EE . . 1' t .2t tF, : : 12: : c... i - 't• El i;Ii. :i.i. WI ? g -.... - . . • 1 .,,.... ii. _-_, .1,1'..C• L ,..,34,1 9if0 AOWNS,t tl_ ..'.. ,,. L. _. ,z „.. ...,, .. •, ..:.:..„...... ......,__,. v • :7 1'. OW •_I . \\'.2;;A• 3.1=-.4i ' . z 2 EE:g • I- ., .. a 5,22 < ..w . , 3 ; 2.• 2 , :'•--k • ,..',-_. if 2, to SV! p i L1 i,,:!‹..--:-.4 l rt. :2 s ..• ,.,- 2.;;;;,' , -. , f. 'i - •.,' :;Fi'll'''./'•r1:''•-•-tr, ..,! i' 0: r. Ell` %•. 0!--? ' 1--..r. t: . 0 1 ! : • I ::*: i r;--- ._, ': '. '.3 i , , k 121 \V„I•I!.'', ,.--,.!12 -..1 - ,.. I- z 4',-..,7•, ' ,, . N1'::I, 14"(!,'•2 9 7"i;• --.. :11.:.c. i I. I i',, ; 4 - 2.fr I'•N N:-.:.---1-17-1 - !•- o ice .• : , - 1 i ,f, !.1 k : . •••:. ...:.• "Sii --. : ,i....,,,:.: %, f: 1 .1 .., E'. .1- •."• •1" 4%:'•i.7 •_"11 •!: : ---.... . : - •-••••. - . c . t _ - i C' - - •------- ------ ° V) < _J X 0:4 _-. .. 1:1 Z I- D - '(3.:t . • A , r 2.4 co, 0 D Z D 0 Z 0 V) 4 ul CL-I I City of Southlake,Texas MEMORANDUM January 12, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Consider Ordinance 631 Perimeter Street Fee, First Reading Since the City Council's last discussion (December 20, 1994) of the proposed Perimeter Street Fee Ordinance, Public Works staff and Community Development staff met for a final review of the ordinance. Staff, with concurrence by City Attorney, recommends one additional change in the ordinance. This change is to eliminate reference to any right-of-way (ROW) dedication as dedication of ROW. ROW dedication is a function of the subdivision ordinance. By eliminating any requirement for dedication in the Perimeter Street Fee Ordinance any conflicts or confusion should be eliminated. Therefore, the entire section entitled "Dedication and Construction of Right-of-Way" is "lined out." The City Attorney recommended adding Section VI - Limitation on Construction and Fees; Adjustments. This section provides for Council where appropriate to adjust, offset or waive the construction or fees as required in this ordinance. Other minor changes are shown as: additions by the shaded areas and deletions by the line through the word(s). Attached for Council is Exhibit "A" the proposed fees to be added to the Schedule of Fees. A resolution adopting "Exhibit A" will be presented to the Council at the second reading of the Street Perimeter Fee Ordinance. Council should note that the difference between the Interim Street with 4" HMAC and Interim Street with 2" HMAC is $8.00 a foot. In my presentation at the last Council meeting a mathematical error was made. Please place this Perimeter Street Fee Ordinance on the January 17, 1995 City Council Agenda. BW/sm wpfiles\perst.mem (kW 2 i Exhibit December 2, 1994 PER-LINEAR-FOOT CAST ESTIMATES-IN 140I DOLLARS Roadway Cost Classification Per Linear Foot w/Drainage Arterial - Interim 24' Section $ 95.00 No Curb & Gutter - 4" HMAC Arterial - Interim 48' Section No Curb & Gutter - 4" HMAC $185.00 Arterial - Ultimate A4D Boulevard Section - With Curb & Gutter $200.00 L Arterial - Ultimate A4D Boulevard $270.00 Section - With Curb & Gutter - 7" PCC Arterial - Ultimate A5U Undivided Section With Curb & Gutter - 7" PCC $355.00 Arterial - Ultimate A5U Undivided Section With Curb & Gutter - 7" HMAC $270.00 Arterial - Ultimate A4U Undivided Section - With Curb & Gutter - 7" HMAC $180.00 Arterial - Ultimate A4U Undivided Section - With Curb & Gutter - 7" PCC $255.00 L (kr, Road Cost Classification Per Linear Foot w/Drainage Collector - Interim 24' Section No Curb & Gutter - 4" HMAC $ 95.00 Collector - Interim 48' Section No Curb & Gutter - 4" HMAC $186.00 Collector - Ultimate C2U Section With Curb & Gutter - 7" HMAC $145.00 Collector - Ultimate C2U Section With Curb & Gutter - 7" PCC $205.00 Residential - Interim 24' Section (how, No Curb & Gutter 2" HMAC $ 87.00 G Residential Street - R2U Residential Street or Cul De Sac - 31' Section With Curb & Gutter - 6" HMAC $105.00 Residential Street - R2U Residential Street or Cul De Sac - 31' Section With Curb & Gutter - 5" PCC $145.00 HMAC = Hot Mix Asphaltic Concrete • PCC = Portland Cement Concrete PLF = Per Linear Foot L 8/1-3 PER11-12 .WPD Lie January 12 , 1995 4111.11111111111 • ORDI ANC NO tall ,410114 AN ORDINANCE OF THE CITY OF SOUTHLA 1 TEXAS ADOPTING • NEW PERIMETER STREET ORDINANCE; PROVIDING FOR THE PURPOSE AND SCOPE OF THE ORDINANCE; PRQVIDING FOR DEFINITIONS; PROVIDING FOR THE ADMINIS ' • TION AND ENFOReEMENT OF THIS ORDINANCE; - - : • • _ .' • .'• - I' . •• ; • . - - - • ; - .. .. '.. .. ; - .. .. • i - '1 - - -: - • .. . : •.' • '' •"' : • . ' ''' . PROVIDING FOR PERIMETER STREET FEES 74 ' ® : ' $ Da: STREET ... . ._ vvrl. ...;, PROVIDING-THAT—THIS ORDINANCE SHALL BE CUMULATIVE I F ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PRO 4 1 ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PRO DING AN EFFECTIVE DATE. Lie WHEREAS, the City of •uthlake, Texas, is a homelule city acting u .= . er adopted by the electorate pursuant o Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,the City Council of the City of Southlake deems it necessary and in the public interest to establish a system iegulaliug the requirements for the,'iiistallatioii construction of perimeter streets abutting 'died.) ui deVGlupiiieiits land being foiinally subdivided pursuant to the Subdivision Ordinance of the City of Southlake; and WHEREAS, the City Council of the City of Southlake finds that this proposed ordinance will meet a legitimate public need, clarify responsibilities of landowners and developers, assist in carrying out the community's Thoroughfare Plan, serve to protect the public health, safety and kir welfare, and fulfill the purposes of Chapter 212 of the Local Government Code; PERI1-12 .WPD January 12 , 1995 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION I. PURPOSE AND SCOPE (1) Purpose. It is the purpose of this Ordinance to guide the development of a roadway network sufficient for both existing and future traffic. This Oidilrallee establishes that 'all developers shall dedicate the required right-of-way for the type of perimeter sheet proposed in the City of Suuthlak&s Thoiouglifaie Plait and any amendments thereto, whereby the City may proactively acquire adequate light-of-way fur ultimate tholuughfaie need, as defined in the Thoroughfare Plan and will not have to buy right-of-way later, disrupting established residences and businesses. This Ordinance establishes that all developers shall pay a perimeter street fee in 0 accordance with Section IV herein or, at the option of the City Council, improve the perimeter street to.11leet complyZgo,inpbritwith the City's Thoroughfare Plan and pavement standards on existing streets that abut the proposed subdivision where the street is inadequate or substandard according to the said Tliuruuglifaie Plan. (2) Scope. This Ordinance shall apply to all non-residential development which abut one or more streets and all residential development which requires a Developer's Agreement and abuts one or more streets now in existence ui proposed for installation by the City's Tllurouglifale Plan. (or' 2 PERI1-12 .WPD (me January 12 , 1995 SECTION II. DEFINITIONS (1) General Rules. For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting, or otherwise defining the terms and provisions hereof: (a) Words used in the present tense shall include the future, words used in the singular number shall include the plural number, and words used in the plural shall include the singular. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", and "occupied for", and shall apply exclusively to physical uses. (2) Definitions. For the purposes of this ordinance,certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Subdivision Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this ordinance shall control. (a) The City means the City of Southlake,Texas. (b) The Developers Agreement is a written agreement, approved by the City Council, which addresses the physical public improvements which are to be installed in the development. Csie 3 PERI1-12 .WPD (11111w January 12, 1995 .a ,� Ysdka �., e .��' � a E � as�.�� .. •gay� (d) Interim roadway section means the pavement standards specified as interim in the Thoroughfare Plan. (e) Perimeter street means any street(OcbliitiOkfb5446Mili ,...� „, _ ,;, ti71'! 0 )which abuts or whose width lies partially or wholly within a development. (f) The Thoroughfare Plan is the written policy of the City recommending the roadway network necessary to support ultimate development in the City and the surrounding region. The Thoroughfare Plan in effect at the time of (or develupuieul thi plait shall be applicable to the development. (g) Ultimate roadway section means the R.O.W. and pavement standards specified in the current Thoroughfare Plan. SECTION III. ADMINISTRATION; ENFORCEMENT (1) Administration. The Diiectul of Publie Wuiks is heteby authorized Lu eufutee theit.. ... . ._,;... *101 rlieA$ pt.400411* t1K ' ti provisions of this Ordinance. The City Council shall determine which of the following shall be required of the developer and included in the Developer's Agreement in order that the City's best interests be served: payment of a perimeter street fee; construction of street improvements as required herein; or a combination of construction and a perimeter street fee. (kr 4 PERI1-12 .WPD (we January 12 , 1995 (2) Deposit of fees. Fees paid pursuant to this Ordinance shall be placed by the City into a perimeter street fund and shall be specifically reserved and used for the construction of perimeter street improvements. The City Council shall determine the timing and priority of expenditure of these funds through its capital improvement program budgeting process. (1) A developei shall be tequited to dedicate the tequited tight-of-way fill the type of peiiilletei sheet specified in the City s Tltolouglifate Plait. Whew a development botilets only uue side of a peiinietei sheet, the developei shall be tequited to dedicate the appluptiate amount of tight- of-way as specified in the Subdivision Oidiliance to the unite' line of the peiiiiietel sheet. In the (kW event that the development i11 sonic 111a[II1e1 buideis a petinietel sheet on both sides, the developei shall dedicate the mate width of the tight-of-way of said petinletet sheet. (2) Uncle' no chcuxnstaiices shall a developet be iequlled to dedicate tight-of-way along 'any one pciiiiietei sheet gieatei tllcul one-half of a ninety foot (90') tight-of-way. It shall be plesultled that any tight-of-way lequlieiuents gleatet than ninety feet in width ale designed to 'accommodate Aitellals designed to piuvide tlanspottatlon set vices nut dliectly attiibutable solely to the suiiuundlllg development. (3) Whelevel a.developet is tequited to dedicate tight-of-way flit petillletel sheet atid/ot to conshuct peimletei sheet 1111plovements, the City may lcquite the developer to dedicate tight-of- way fin alicillaiy dtamage inipioveme11ts and to install any and all necessaiy suppoiting dlainage iniptuveinents of facilities. 5 rh`-1 PERI1-12 .WPD January 12, 1995 (4) If the petiiiietei street is allcady developed and lilltlioved to euiieilt City stalldcuds, the develupei shall be'icquiled to dedicate any additional light-of-way needed fol othel public iiupiovemellts diiectly adjacent Lu the pciiinetei stied. The developel shall fuithel be lequiled to install,ieiiistall, ui upgrade any Bulbs, gutters,dlainage impluveinents,sidewalks,diiveway apions, lighting ul utilel facilities as necessity to meet City staudaids. SECTION IV. PERIMETER STREET FEE {1) Payment of perimeter street fee. In the event the City Council determines that the perimeter street fee should be paid,the Developer shall pay to the City the designated perimeter street fee which represents the estimated cost of roadway improvements required to upgrade the perimeter street to the current City standard street(including,but not limited to,excavation,subgrade preparation, paving, curb and gutters, sidewalks, storm drainage facilities, lighting, utility adjustments, engineering, and other necessary facilities and appurtenances) and dedicate the necessaiy light-of way for the pet Miele' street. The required payment will be based upon the classification of the perimeter street in the Thoroughfare Plan and whether the construction is based upon interim or ultimate roadway sections. If the perimeter street is a residential street or the construction standard is for an interim street (residential, collector or arterial), the fee is equivalent to one-half the cost per linear foot of construction multiplied � m f n irf butting the development If the perimeter street is a collector or arterial street and the construction standard is for the ultimate 6 ��9 PERI1-12 .WPD January 12 , 1995 roadway sections,the fee is equivalent to one-third the cost per linear foot of construction mrtift li TaleRrrh ns `reel a...._.tting thedevelopam nt. (2) Tje s scl�utlei Perimeter street fees shall be adopted by the City Council in the City's Schedule of Fees. The Dilectol of Public Woiks shall submit annual updates of peiiinetei sheet fees foi consideration by the City Council. (3) Payment041010110041 The perimeter street fee in effect at the time of filing of the final plat shall be paid to the City per the requirements of the Developer's Agreement. (4) Perimeter stre .,, revaio ly coisLcted` If the City Council should determine that the perimetei sheet was Gollstlueted pei the City staudaid sheet section by a prior developei on the otllei side of the tight-of-way nuclei the trims and conditions of this otditiallce,the Gulielit Developet shall be changed. (a) one-half the cost pci lineal foot of installing the intel11I1 loadway section (iesideiitial, Gollectoi, of diteiial) of the ultimate iesideIltlal loadway sections multiplied by the Ilullibei of lineal feet of the pelilletei sheet abutting the new development ol, (b) olle-third the cost. pet lineal foot of installing the ultimate aitelial of collectoi ioadway section multiplied by the nunibei of lineal feet of the peminietei sheet abutting the new development. If:the per€z eter street: w con cte e thhe. ttytaa nd� d S eet ectic n' y,a prior developer an:th+e other side f`the Amosamen right-of-waynt e e ter nd fp ditionof�t is�or nance,the currenttwvel per shall pa. perimeter l etfee required, p '.aph(1. ve based.upon the cost per linear foot n effect at • thetime hhet ter stareet At4AA st ruct rl :The.D for of Finance shall-pay those funds 1 ten rcent(l0l)of the funds for, ach year the'imprt ed street section-has been ui service,to the ort� inal�develo: rofthe� . g �. ., pe�Imeter�treetaas-soon as:passible,after verification of all.calculatlons 7 PERI1-12 .WPD (Ire January 12 , 1995 X,V W igs N S atati .., _ �` mas. aec1aa3 : ssa 4 s3-,.s n.'xH .ter, a y _ 3 :f .,. . �. .� �� okwq, x i or t 9Aktg t wewy ix No ttp:.,. ...".a..,. E .,.».:t \ eon . .k.:. ::,.:.: SECTION V. • (1) imumt. Ioa �it+ctcr�n. In the event that the City Council determines that a Developer should install io410 or improve a perimeter street in lieu of a paying a perimeter street fee, the Developer will be required to install construct a minimum of two full lanes, in full conformance with the in 0100:4hfn t standards established by the Thoroughfare Plan. The (hoe Develupei will be iequiied to pay foi "all cunstiuctiun,eugineeiiug, Lusting, and inspection costs. (2) Sr a c01oy± ite AS:0*i The City Council may,through the Developer's Agreement, approve as an alternative the overlaying of the existing perimeter street surface(s) with a ± two inches (2") of the euiient City standard Aleut sulface using hot mix asphaltic concrete(HMAC) for the full width of the existing perimeter street adjacent to and extending from the development to the nearest street which has been improved to current City standards. This alternative of overlaying the existing road surface(s) may be authorized by the City Council only when the overlay improvement of the road serves the City's best interest and meets the needs of the neighborhood and community in the development area. 8 PERI1-12 .WPD thol January 12 , 1995 (3) Npswamf+ aran mmen. Any Developer constructing the entire utt? is street surface of a perimeter street may be eligible to receive a rebate of a portion of the cost of the perimeter street when development activity occurs on the opposite side of the street right-of-way in accordance with Section IV(4) of this ordinance. If the Developer is required to construct the ultimate roadway section, then the City will reimburse the Developer in an amount equivalent to one-sixth(1/6th)of the total cost of constructing the minimum two lanes or one-third (1/3rd) the total cost of constructing the entire road together with ancillary improvements. The City may credit the reimbursement against eligible development fees owed,but no credit allowed by the City shall ever exceed one-half of the total development fees. Any approved reimbursement will occur the year following the expiration of the required paving (re maintenance bond. SECliON�'V . l..tNfltrATI€NON *Mtft a N ND. ES AD1USTTV1J. ed po the-reasonable u •rn .... ... .da ' 4Ps g11604 pm O sa tarttV Ot TMOOW10016 Or pig s1 e 416 st ctiep r paymetx000 shal'l3be q z d:rYthie rdinalit ib B ess those re tit Hems c xectlt'attrib. . ::1 Fto or duectly benef tzng tl a par ze lac develpptneht (2) -A... tine it The City Council m ay, napp dptate+uses god .sod upon specific fact pr6senteds„authorize an,adjustment,offset or wavier o f any construction or:fee payment r qurr ments`underhthis ordinance where i rtrnned' hat su h>regtlirements place (ftwe 9 PERI1-12 .WPD (NW January 12 , 1995 h as k e E d 1 th 10.0 . « _ ,» 4.:**wookeiotoiditi SECTION VII. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION VIII. SEVERABILITY CLAUSE (010, It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. Le 10 PERI1-12 .WPD January 12, 1995 SECTION IX. PUBLICATION IN PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION X. PUBLICATION IN OFFICIAL NEWSPAPER The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION XI. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 11 7y 7/ January 17, 1995 PER-LINEAR-FOOT COST ESTIMATES - IN 1994 DOLLARS Roadway Cost Classification Per Linear Foot W/Drainage Arterial - Interim 24' Section No Curb & Gutter-4" HMAC $ 95.00 Arterial - Interim 48' Section No Curb & Gutter-4" HMAC $ 185.00 Arterial -Ultimate A4D Boulevard- 7" HMAC Section - With Curb& Gutter $ 200.00 Arterial - Ultimate A4D Boulevard Section- With Curb & Gutter- 6" PCC $ 230.00 Arterial - Ultimate A5U Undivided Section With Curb & Gutter- 7" HMAC $ 270.00 Arterial - Ultimate A5U Undivided Section With Curb & Gutter- 6" PCC $ 305.00 Arterial - Ultimate A4U Undivided Section- With Curb & Gutter- 7" HMAC $ 180.00 Arterial - Ultimate A4U Undivided Section- With Curb & Gutter- 6" PCC $ 215.00 Collector- Interim 24' Section No Curb & Gutter-4" HMAC $ 95.00 Collector- Interim 48' Section No Curb & Gutter-4" HMAC $ 185.00 Collector- Ultimate C2U Section ( With Curb & Gutter- 7" HMAC $ 145.00 Roadway Cost (100 Classification Per Linear Foot W/Drainage Collector- Ultimate C2U Section With Curb & Gutter - 6" PCC $ 175.00 Residential - Interim 24' Section No Curb & Gutter 2" HMAC $ 87.00 Residential Street - R2U Residential Street or Cul De Sac - 31' Section With Curb & Gutter- 6" HMAC $ 105.00 Residential Street- R2U Residential Street or Cul De Sac - 31' Section With Curb & Gutter- 5" PCC $ 125.00 HMAC =Hot Mix Asphaltic Concrete PCC = Portland Cement Concrete PLF =Per Linear Foot \southlak\costest L . l pity of S•uthlake,Texas MEMORANDUM 4. 1,t1 ,?, January 11, 1995 % 1 � ., Curtis E. Hawk, City Manager ri r ROM: Bob Whitehead, Director of Public Works 'tS00JE0T: Developer Agreement for Country Walk Addition ►t The Agreement for Country Walk Addition is attached. The usual requirements for performance bonds, letter of credit or cash escrow are mentioned in the agreement. There are several items that make this Addition unique and these items are noted for Council consideration. Page 9, OTHER ISSUES: There will be no sewer pro rata and off site drainage. Page 9, Section B, PARK FEES: The Developer donated over five acres of land to be used for park development. On February 7, 1994, the Park Board unanimously approved the Nelson Corporation request and recommended acceptance of the land to satisfy the parkland dedication requirements. Additionally the Developer agrees to install certain improvements on park property. An attached letter from Nelson Corporation dated March 23, 1994 is incorporated as part of this Agreement. Page 10, Section C, PERIMETER STREET ORDINANCE: The Developer agrees to pay the Perimeter Street fee of $6,197.55. Page 10, Section E., PHASING CONSTRUCTION: This sentence was added in the Developer Agreement per the request of the Developer. Page 10, Section F., FEMA PROCESSING: The City agrees to work with FEMA and Developer until the portion within the 100-year flood plain is removed from the LOMR Map. Please place this Agreement on the January 17th agenda for Council consideration. BW/sm Attachments: Agreement Maps L .''.4 4111111 1 .-'. 1 Ir1► � /4ai ? / COUNTRY WALK ADDITION DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the ONEWIWO €: z to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the i55 lots contained within the 01#406MICAMO and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after („„., installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs (temporary or permanent) with street names are in place. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the l ©,9-1 Developer and accepted by the City. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all -2- facilities included in this Agreement for which Developer awards (..„ his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. (....,, -3- /D.49— ' • J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with current ordinances and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE:RAIN GE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, reviewed by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final -4- • acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of- way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer -5- agrees to use soil control measures such as hay bales, silt screening, (low' hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood byand between the Cityand Developer that the Developer may p P provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. -6- /a4-7 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to (101 indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the (hre Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: C -8- a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. SEWER PRO RATA: B. OFF SITE DRAINAGE: A. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with current ordinance and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. B.Bion. PARICFEEM Tom:::> el :.:.:.::::,. o »:>:..: >::°:'>::::::>�...:..::':: :::>: : ::>::: :: ::::......::. ::::;. •. :::::: ., development<:::p.:r::>: u is isi: ::>:< is a::>:::vela::»;:tom-::>:<:P:ar�C:,>::ad:>:::> . . . . : :. ,,v,:i::i::i':Ki::i::i:::�:.isiii::i::i:':: :ni:}:•i::iiiii`isi ' �i::isi: :isi::ii::is :rY�: ::i:: : i:: ::i::'r::isii ` si::i::ii::3i::ii::vi: �::`ii`ii '.i}y-: ..... ..f .....-:.........'v.. -.:.:..... :.......:.ii::.. � ::::' i..:.i•-1i':.::::.:ii'.:�:.+:.:i::.:i':.:i:::.:..�.::x:.:':.iw::::i:i.:.:::Ri+:: .:: e to: ca €1n .: i ;:::R a:.;: .e.:::A x .on:::::ha ::>x :::::P gilgo:::: ::::. .: ..:.>:: s; o: t > o... :<:mtotgo d:::: o t ':<Pey. villee:<::<: MaigADEMOKNONOI#04§0301i*C.§40114**1****CONIM property>. :::: :motion wilt::: ::gcm§tru tion::::n.!! c un t::.:::>:Wa >::>::O.:::: ' : :> :>:t9R4. the Park Board. unanimously moved t I e n compti request ::.......... wegifitaAnd fe uiraiteav`h a ....d .._„ .:...... >:..:elsro:1 ::;::.;-:.: :.::::....:n<;54. :.::> -:,":.,:..:. /&4--./o C. PERIMETER STREET ORDINANCE: The Developer agrees to pay the Perimeter Street Fee of $50,000/mile, in accordance with Section IV, Paragraph B, sub-paragraph 2 of Ordinance No. 494. Approximately feet of the development abuts on Watrititaitat which will require a Perimeter Street Fee of$6 7 D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. E. IN: ' c €>€ N co, . SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: C -10- CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: wpfrlesldev-agrlrouniry.walk C z: C,„ -11- /D�ia REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. -1 2- THE NELSON CORPORATION IINDA SEWEIL PUNNING• ENGINEERING•SURVEYING BRIAN MARCUS,P.E.RPL.S. SEGTRFas. LANDSCAPE ARCHITECTURE•CONSTRUCTION MANAGEMENT' PRESIDENT 5999 SUMI(ERSIDE DRIVE•SUI E YOY CRAIG T.CURRY EXECUTIVE VICE PRESIDENT DALLAS,TEXAS 75252 DIRECTOR OF PLANNING arch 23, 1994 (214)380-2605 FAX(214)580-2609 Honorable Mayor Gary Fickes VIA FAX City of Southiake 667 North Carroll Avenue Southiake, Texas 76092 RE: Timberlake and Country Walk park dedication fees Dear Mayor Fickes: Pursuant to our meeting of March 4, 1994, The Nelson Corporation, on behalf of Paramount Development, respectfully requests that the Southiake City Council consider allowing a land dedication from the Country Walk development in lieu of required park dedication fees for the above mentioned projects. The-actual dedication requirements and associated proposal is outlined as follows: 1. Timberlake will have a total of approximately 435 single family lots of which 165 received preliminary plat approval prior to the Park Land Ordinance being adopted, resulting in 270 lots subject to park dedication fees. Based on current Park Board criteria, the public park land dedication requirement will be 5.4 acres. 2. Assuming the Park Board grants a 50% credit to Timberlake for the existing developed private park land and amenities including playgrounds, jogging trail, tennis courts, swimming pool, pavilion, lake, fountains, etc. and an additional existing passive park space of approximately 33 acres, this reduces the required park land dedication to 2.7 acres. 3. The proposed plans for the Country Walk subdivision call for the development of approximately 55 single family low. therefore requiring 1.1 acres of public park land dedication. 4. The proposed plans for the Country Walk subdivision includes approximately 5.3 acres of proposed park land, which would surpass the requirement of 3.8 acres for both Country Walk and Timberlake(Country Walk 1.1 acres and Timberlake 2.7 acres). 5. Additionally, the developer agrees to install certain improvements on park property in conjunction with the construction of Country Walk, such improvement to become`the property of the City of Southlake. These improvements will include rough site grading, as well as berms, trees, and irrigation on the park perimeter abutting Continental Boulevard and Village Green Drive. In this regard, The Nelson Corporation requests that the Southiake City Council allow the developers to dedicate approximately 5.3 acres of park land within the Country Walk subdivision to satisfy all park land dedication and fee requirements of both Timberlake and Country Walk. Thank you for your time and consideration of the matter. If you have any questions, please do not hesitate to call. Sincerely, THE NELSON CORPORATION chioe., r.dig urry Executive Vice President F:U011\8906200\A\C\COS-RL.3 III L.ti I • Oa •tiwrer AVM,• , _ ,... t I' f. /MI e • '11 D PSa� ,•�1 I • '(I Nl�'Nu�NCI .,.a .- .,.., .,.. ';GR99 - Z. c © .,. o!'j EA D 0 ND -�C �gi :-` I N] ti .x 11 B I • N. �r D Ti�s. • I—K�_• 1.IU -.. 7 i ' I ? , D,(u"-. . x:1c,�I CD ,' • KCLCCR CITY LIMIT _- «•.. i /%`) - - AODi H ! F F t E M I/�- • a1 T,D——», x, !. ! ■n. -e - - -- w-t w. -- k3 1�5 1E h IOW 7", ,ID W7 tt !D D fLwK. -fr. ,/ ` , .1. I }�. >r D nu IC, t. t., sWOR p ti • 'r B NI DENIER " u :„ .lr O ;' c �.. • " I x1 ,�rN DI 0IC, I . x : I 1. „ /�.�,'91 -- .r 7.r�ic ,sl, % HI0L91 : , -rr' w/ °°„ ,t__ '_�:rT : •It /. M,- D.1D 11 l '^ 'f v J. _,-t3-' JOKE1 J. 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CRY '!3 !q 1 *I I e M$ ' ori; z. m t y• { b-v -3 ` ; ^_ ♦ i 1m ze is• • l'� iiIF^ h'- Np1T__—.•- 'i: {"Sli' ,' ntl t i;t uYli :: Y jte V�,Z w r b�s i4 r�\ t .o I +• m_ i'n ..r__ i .: ,, ,... . . ! w• �� J I ��; v d!!!a Nl :l �� ygrid •• w 9 -------- I ' .t a I :-�' £ ! m !r• 11 r :t r lb• •• i •' !i 11 •• ;i .f .\ ,r z t � m • 0 o : 4 e i !-_ "P.4- a I• rd N1. qZ ; i lo a(0/ N FIti i w' Mi ,►C e 4 . 1 V RR r ay, j � S�bti S Y X 3 i 'S Y i "I v a • N O I i Y U O d 8 o J N O S •i 3 N a il l Z. l' City of Southlake,Texas MEMORANDUM January 12, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Myers Meadow, Phase II, Developer Agreement The draft Developer Agreement for Myers Meadow, Phase II, is attached. There are several items that need Council attention and these items are listed as follows: Page 1, GENERAL REQUIREMENTS, paragraph C. is partially struck out. The Developer does not choose to present to the City either a cash escrow, letters of credit, performance bond or payment bond. If the Developer does not provide any of these items, no building permits will be released until acceptance of the Addition. However, if the Developer desires to have the usual 10% of the permits relea ed after water, sewer and streets are complete, he or she must provide one form of security . stated. Page 2, paragraph E. is stru,k out because it refers back to the payment bonds, letters of credit or cash escrow as stated i paragraph C. Page 5, STREETS, para aph 2 is noted because of the street light amendment. The Developer, Fred Joyce, has notifies ' • ' 'o ;fyritis2113r4 [3T•M•1M. has made an agreement with Tri-County to re -ive free street lighting for the two year duration. The City will require a copy of the agree - from Tri-County stating that street lights will not be charged during this time period. Page 7, START OF I ONSTRUCTION, contains a strike out because it refers back to the payments and perform:nce bonds as stated in the previous part of the agreement. Page 9, OFF-SITE A 'D/OR SEWER PRO RATA, paragraph A. states that no Sewer Pro Rata Fee is required because A.C. and Audrey Stone participated in the construction cost of the S-2 Sewer Line. Noneth .I ess, the homebuilders will be required to pay Sewer Impact Fees. kPage 9, OFF-SITE D . : ► : , paragraph B. states that the Developer agrees to contribute a portion of' rainage P o Rata for Union Church Road. The City has not determined Pro Rata at this time, but e ve • •- •. • • • - • k • ion begins. Page 'c=- FEE', paragraph D. states that the Developer requests a 50% credit on Park Fee � " ^ k Board considered the Addition's request at their January 9, 1995 meeting and r('1 Curtis E. Hawk, City Manager Myers Meadow, Phase II, Developer Agreement January 12, 1995 Page 2. recommends to City Council that the credit be given. This would make the park fee become $21,250. A memo confirming this proposed credit is attached. Page 10, PERIMETER STREET ORDINANCE, paragraph E. states the Developer agrees to pay the perimeter street fee. The Addition abuts Randol Mill Road for a distance of 1,615.56 feet for a cost of $15,298. There are several items throughout the Agreement that are struck out or highlighted. These are verbage changes requested by the Developer that does not change the true meaning of this agreement but are noted for the Developer and Council to observe. Please place this on the January 17, 1995 agenda for Council consideration. BW Attachments: Memo From Shana Yelverton Developer Agreement Maps wpfiles\myers.mem L 4/ City of Southlake,Texas MEMORANDUM January 11, 1995 TO: Robert Whitehead, Director of Public Works FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Park Dedication Fee Credit -- Myers Meadow, Phases II+ Park Board Recommendation Fred Joyce of Myers Meadow has requested that the City of Southlake grant a 50% waiver of the park dedication fees required for the remaining phases of Myers Meadow. The Park Board considered this request at the January Park Board meeting and are recommending to the City Council that the request for 50% credit by Myers Meadow for all future phases be granted. You will recall that 50% credit was granted for Phase I. Please include this recommendation as part of the packet information for the Myers Meadow developer's agreement. I will be happy to answer any questions you may have about the Park Board's recommendation. (1w SKY C ' • , Exhibit B - -- - RECREATION IMPROVEMENTSSARY . .. . .. PROJECT: , Location: LMYERS MEADOW PEYTONVILLE AND FM 170asg Phase II 42.521 qc e:II, III #X miybe Total Acres: 11146 +- otal Lots: 'Use se 1118,51T-100 Total Parkland Dedication Assessed: $ Phase TT $42,500 60051) (Residential = $500/lot; Commercial = $500/acre) Phase III. IV S50,1X)0 1' Total Parkland/Open Space Proposed: 20.8 Acres (+/-) Inc. Contact: Fred Joyce r( B-45)')/ Developer:Fred Joyce - Mary Myers Enterprises, It9"-- CkIdl 1017 William )). Tate Ave. Address: Grapevine, TX 76051 Phone: (817) 481-3516 Consultant: Contact: Phone: Possible Number Estimated #Recommended in Improvement Provided Unit Cost Zone 7 Total Cost Comments Picnic Tables 3 -2;100.00 • X Along Lake and natural area Benches 7 3,500.00 Along trails BBQ Grills Tot Lot Playground 1 20,000.00 x For small children (peg:: 4' wide (miles) 11: 5'wide(miles) .6 miles 32,000.00 X Jogging & walking trails Fitness Course Ballfield Backstop Soccer Field Tennis Courts 2 45,000.00 x Multi-purpose court 1 8,000.00 . X Basket ball and volley ball, skating Parking Spaces 10 30,600.00 X Tennis Courts and playfield Irrigated Turf Acres 8-10 51,000.00 X Restrooms Nature Area 5-6 2,000.00 Natural area with trails Swimming Pools ,Playfield allPurpose 1 8,000.00 General Playfield logrUdgrgliry entry 1 eitiggealWailmfi69 1 Crouquet Court TOTALS 1;(libwe 1 3700O-OD 3,034.00 3,000.00 . , • • LP-) it J . 9,JOSI) i' tefr ) 245,534.00 -1041'65C) 7 i, ZCA&-.5/ . MYERS MEADOW ADDITION, PHASE II DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the M : w }' to the City of Southlake Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the lots contained within the "' }:r +:`'+::++` :: :}::,•.r'� ::':}:::}: °.ha;:::': and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and-specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision C, completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water qualityy is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs (temporary or permanent) with street names are in place. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. -Developer resent + City eitker a-cash escrofi letter o creel `t, pe a ee bond-event bond-aeeeptable-t the City nte a 0 of al of +t.e f cil s—to be co eel e Deti,,.loper, an •di f w -twe years•-o e-si ng as Agreement be +t, Cis d Dcvclo er. tf.> ::::: ' .: obt III >�f .:;}:.}}:.}'.}: ::::..::::.:.f.};y:��;,,y•:�::.:'.;•."}:.::' isa' r.,r�{., ., .,.: +:.•„{.};},;.:•.{•rrr::kf.• {.}r{}:••+••x>•}••.?':::?::#:-:{' :.} ..•}k'frfi:::}:.. •..t.::L,•:: ot '.' $' •} ems}/ ••: City, :..}'::::: .}:.:,.....v.nv:+.•:.•~':•:•}:•:1•:.•fv'fr;r•,:::•::n:..:.;.•.:.. *'ti:{•1.1.::•..•.::::... r,i:::::::::r.:.::.:.,v:::x::::::::::.:•:i}i:{:-i.:::: ooit •..v.:::.:;;:n mad ..::+:•: ; v}S•.,;;}•::}l.f••r.;• ue ' ... .:::•}:•ii�y. ,;r ...n:.. f.....:.-.:....::.^•xh\•.6•}}:•}'•}:::Y}i::'•:'+'':w:::..:................:.��•:::::::::-.:.:::?v}::::rx:::::::w:?v.�:::::::::: . imul':'{ •... .v:} •'�v:�7, ,{�'F � f`v}:v'i:i�iiiiii:::}'i::?;�:::':tvv}• „•�•,•.••.•::v:' YT �+'f' :'� % ''' ' �,,'y,:v..v4v:?i: ..vv':} :AY}nv<:}:i{• ;r{} {v :..{•'.+�v''•' v v: ...'... ::i{v�s,',,, �•i„ p• p{...��•.y .* r .:,;�?„ky}.}•: ?',4 '..?:,{.nvvL}}.iv'•+t�}$::::{{k .r?•}v:::t.?}}:...'.,.}.�..•..}•..•w...{.'$..::rv::::r•::::•::{:{:.};:.v .rit{.}:•}'�....... ....... :.,:•}:::.,. �?•.�:,:••}},r?r.,:{{�••.•:•�::t.,...:•}:}•.. ••,::::-::•�: >}:>• :: « All bond would be approved by the Best-rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. . iltie-der€epee-and paym ends -letters of dit er • in t e As�dition shall � give+" � =d-no ork shall be initia`ted-trir-or E. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities ..v •}:•:.i.\:'i'L:iii}'{•v?.tiT...�:vv.. .•.ry.?..uv::y;.. t:.}{'{t}}:{G::{::i{4r%:}.•' ;::$• fl ` a Wi n :' Wit' y�, men shall occur at such time that City, ...r'r;�•:;r. :r: ,•:+,:•�i�•••,•:•,• ^,: •w::.•,.•:.r:::::• :`...:?yi��l �X�#v'+•'''"`•>:-• through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. F. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: -2- • a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. G. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer -3- /D/8'-7 or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. H. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the fmal plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with current ordinance and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and.expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, reviewed by the City Engineer, and made part of the final plat as approved by the City. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. -4- /Dd'j' • C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition ......; ;::: :>;r::::e:,.:: w::.:;.::::::.: •:.•:<>::>:::: ::r;.Y::..: :::>y;:x:;:>:•:::ti :{:::r ?i�• .tom...;:::::...:..... . bf- Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of .• v standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any. street included herein prior to oemplying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability.C -5- `06-9 D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage.areas and notification has been given to the Developer, the Developer will have,seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract Cor City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all se*aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns C -6- `D,Q—/o understand that the City shall not be responsible for the replacement of these My (...„ p amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these Oft improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can begin, the following must take place: 1. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 2. Payment of all fees that are required by the City. 3. Developer's Agreement executed. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct -7- /DL—// of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed. Said contractor will meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date hereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter C -8- /Ddc3 -f� • of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase 'of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO-RATA: :{.:{?{{n};:': :;� :$G}R} i.}}R ,y:;},vrG}w G•:ry •{:v .::t:?ti$??$?;:$}1$ is•.::�{:�y•rr.{+:� G...+ ' ' +••G' };x.?C{:. GA}•:+'+ •.2; ;`:'r+w`:; y..,.. .,G;s,:::.:3:%`•:; ����F��,{`,. r.:�}..{r:. :.n4}}}:?•}}}:».... �i4Jt'"' �! k•v+I,-..f3 R:;. ff ••� >'.l••::.�{ _b ac9�v .r£ktw h. .er }oK nets :6 t: 1 :;:;: :'+>'.'•:{3st`},..,.y s.. :$;G,.+:,..Gi•.};::}�:${$'.•' •'$}r.{;f,+. ;..ri r. 9 :;.:$$n .}::.}•}:{$'�t$:}.�:;'t�$^:: ig <£• :Ryf •V'>w�.'.�•' +:• :.:iRR}+,F•�+r:.{?f f }}'�,t�G}%�{}•r.{�"}: •{:�-}•;•:•%'}4•+• {.}}:$;;2$I*:•: •►G:•}:•}$:;:$••::i?t::;$';..{.;;.::.:•}}: •>V; 4• $ o:R•+ ;;A $ - r,:. H 3 23''8. 8.k tt'B 0.-. .W' •sewer l e'+ o• .e'6:.- 'e ...$..::3:.:.;,.`f. •.rn:;,., 7,a:;;• ?;.V.-3�:0.. '•-•} :f '..$::ti•`.:$; .:}:•:$•}..-:}:::.;;$.$;+?;;;j}'.$$$:,•$:;r'.':$:;;:;•:,.•'$: :$$::;',••ti;$$ ..�t 4-. -F�" a• �•+T?� ..:R �� 8'� ��o. �f 0. 8 tl. �t..�.R � .�., gk .:.G•.::.�. f} �. '�'ig� .���ass t.: •?.: .G:�Re i `�,:.t G�# ffa`-.;;G:•3f RF 8 '-�• :« B. OFF-SITE DRAINAGE: :.•.; :11 0'44:fie.. . :... "{{a ` f rd `::•G E x ::>> "3:. :;r.;:•:.:•:.F:v:.;•.�. ::•rti..w.;:.;•. :.,.•k :.::. if• .., :.,r.•::::.� .... •�•::r{5:N?GR:•:••:}:•::•:}:;•.•• :•}:i:•}:$r+.}•::{•:r:•:.}•::.: .:;y.•$:oo ot /& _i3 ..iv.� ... f:..!':ti ::+;\:. :..'ti:•.=.iir+'v n k }•::.g.fv N.:ii}}.f.wn.}:`.:: �::• :f:v:}<:tityti:im... JiY...'..tiv.\...;.::..:...•.}Y.}.;•.:5..i: \... $xi:-:.v...:...•\.v•.::.n:.:: :� J ��{' Cd a - rf;ikr1....:} .601:i ' v4r•Q , k : .0 + •i✓ d. • t + v ,wi•v• 0'n4i.: , . Z}iy�{ ft 2^; f" at .::.:v}\ v:?:.{$ti±. if., • \ :66..`t ..\6.::6i6. iti:r++ J,..:.tii.?+,.. s vev ?i. .i ii� : . v nv..: , o•:vt• ,tiv.(r .t :yyf .s.• ¢? Rri : ^ fx � r: }i iY . f} h•.;.•f:^. '; Av`..\vi.?{ .. vv.i•} ....:h:6hf}:•}:iti :. isi:::}\:??•:.i:rh}i: :. . : ? {?.v;.}:v .v::}}:. ;F , .,,• 6.6i 4• ,4i<•} C. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with current Ordinances and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. The Addition consists of 8 lots for a total required park fee of Sang. However, in consideration of the amenities to be installed in this Addition (Phase II), the Developer has requested a 50% credit toward the required park C., fees for a resulting fee of smog The Park Board considered the Addition's request for credit at their .0trar*MAIRR meeting and recommend to City Council that the credit be given. The Council, hereby, grants a Nel credit for a resulting required park fee of sago for this phase and is payable to the City prior to the beginning of construction. E. PERIMETER STREET ORDINANCE: The Developer agrees to pay the Perimeter Street Fee of $50,000/mile, in accordance with Section IV, Paragraph B, sub-paragraph 2 of Ordinance No. 494. Approximately owl feet of the development abuts ROMEAMMit which will require a Perimeter Street Fee of snag. F. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. C: -10- /&c9—/I- ` SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor Li ATTEST: Sandra LeGrand, City Secretary Date: c:%wpfilesIdev-ag lmyers.meea -11- / 29x.f REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting fmancial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited fmancial statements. 6. Partial drawings against L of C must be permitted. c, 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. C -12- WE DATA �,,.r+• �• ..... .b 1 +"�� I �+ ..w..W. . .•� .. ,M • 1' i' ' r% • P % 1' u •1. i r• ffr 1•10.1 •1 I ••• ..4‘.....-.4 1.- .....• . 44010 �^ `i•."..`. '7—T� '1'� ,' .t 'y gyp,, Olt ps. I. a. r • e .:. r+. .:ay � �✓ ..>f ✓ir ri�!j, tri•1iJ•1tj •fir�1� a . �' II '' .+�r.- rr.. ______I i 0,...1:• *-01.711, ii, -4 1 1 i 1.1..,, 0 / I \ ill PP'-.1 sti2M / -‘s2.1_.'4 °I wletrt.17 r z 'fir +. Q 411E�_ _ _ •-- r1 .r-,S •G1 .J1l '' .y *YOa'.`t ''. • 4 i ��^ { i ...-aa-i- r,!- Li ' h. ,,1.. 11 ri el Y J- raaf rr.\�• -N •` ••_ �� 4.1�1•I r.l 1., /. .�� �� r 01.1 A r0•Z\ - its•�� ♦` ��Ito \• - f! /J . ✓Ir �~ € r r :� L J �A d :;•:. •• r• .f lil414"Iv li. -_-- PPlerar ! .•�� • _0 'r1/ i,..- 7 r. . .QM.. ,,,, , ,,. ..,,L ....... ..s . .„.. li.,; ..-: ,.., . ..,,),J, 50---i , --;,,..5—,..--,.. ,... , .., ,,, . . ( • . fr'' r 1 A. ft-.3 e -..... W./ A M - . 1. r pr 4.... _ 0 VW h. ...... i I Liiici,if . r.., _... . _,.._,,.,_ 1_,._, ,114. ,,,,,,.,- 01 ' rt#,AE", iiir7g,i''7 g ''.I,, .0-1--:0-- ,•L_1°11 ;* oe ...] 0 4•„ -- , rf%r re lit i // / ' 'KO aii, 4t. .).2....i_e t i . i, : 01 ell c 1 , ,firi. _., .:„...,,. ...3111,,„\,,, ,.,,,: , ..„_\4_,, wip, ,-.,,,,._ ..,, , - 1, _....to "No#.e f;. I VA?.Or -,*60 ...."-0111 • 6‘141. A ir Atti I -'- - .1". tat •,sue' _- :��- ,.a,arcscs• -- r• ,r . .... ... APPROVED PRELIMINARY PLAT r.f.91.:w *-- *mow annmamorn,war -�` y _ _ MYet!MIADOW .. ~: �uw•n ..rooms*aaanT-AUTaAaT NO.1, MAQSHALLI wi av NACU arar.Aaanwer NO.SIC Cg r • _ cm or ..a.e ..a r..—a wa..• .•c Tow /2�_/7 11: w 4 ''�,, .`_lA lA2 •Ir 1 ...4 alb" a: ziott lithOltil cii, J. �lALCSE4� I �•t�0 /'%MAI ..^..11157375 I j ,AA .yr OM t' illi . ilt. . -� r+ 1 iI1A1A 1AtAy111A0AtA1AUlAlA2A 60 .� ,�, . . 1 r{ I Za fC f D Z ' 7 eg Iligor OM i alliSIllariPm ii47 Mk 1, 1A122C • , '1► e• 1 1A1A2 �� ;y' r POS.A .. . KELLER ?, L, ,IMIT m « $4. MIA • r ,11 `1 F h I ©© �El ,A11A2 MI g al atm— IX MI 1,11=111. PM Eir:MEr Eil el-rii ..t N I 010. m x 01411 NM • s1r ,w 10 _l.Ii1 1 r x WA ,• M I •• 7C 7 7, 7A M VII I MX 0. , /. 1 -lir . jos 1 JOHN J. FRE5H®UR 1 �� Y y ilk�,• 1 , , M 1 10 1 1c 23 I - - (� c c - ��' 1 ,.,,, a x 3 r ,.:I4 . ,XI IT LLEIL SCHOOL 1 ��1kiiv4 ' "'fed x2 1CARROI]�2 x� I MGH sa H i/ i4IA � _ 111 -re 1 I 1 1 IA ' • F.I • Plall0111111 1• • �; ( 2pAlw I i/✓ 9i I 2A1 >rp I • 2C27 2C24 0111111�•4•• I • x 1 2A 2AI 1 wal /A1. -- ems,—/� 2 .1 ' 1 WA M c i t1 ' �•r VA NAd �' GA LE 3 N -- , -- -a - � --«,— '" _ '' .-) „aN�R I u , Alit I MI 1.4411-761 M N M 2A1 yV �t IMII an 41.1 I 1C • I 1 A J1111 4i. I IN to ■ l ��� 1 IMI 4bAMiA_�$ IA-OW TRACT MAP "�'"` 1 M K + 2A: �A� III , 1 ;��� ;IA •e�Ji'" / 1 -- 1 ►�-( � 1 .,rear 2/J DEVELOPMENT REGULATIONS I ar 0 HIGHLANE STREET PROJECT o }> LOCATION II 0 o y a cr N 0 ,ZA SOUTHLAKE BLVD FM 1709 SPUR 382 v2P�� 0 0 m c g Q V Y ti 3 \QFA CONTINENTAL BLVD R CR£Fk a 3 0 J \ o a � o W m DALLAS/FT. WORTH JOHN McCAIN ROAD REGIONAL AIRPORT � GRAPEVINE \ N H a ti� _ Ln W a COLLEYVILLE LOCATI ON ' MAP N.T.S. NOTES: 1. EXISTING ZONING: SF-20B 2. EXISTING L.U.D.: MEDIUM DENSITY RESIDENTIAL 3. STREET LIGHTING WILL BE IN ACCORDANCE WITH CITY OF SOUTHLAKE REGULATIONS. 4. INTERIOR STREETS WILL TYPICALLY BE 31' B-B CONCRETE IN 50' R.O.W. 5. DEVELOPMENT SCHEDULE: SPRING 1995. 6. AT THE TIME OF FINAL PLATTING, OUT -PARCELS RESULTING FROM THE REALIGNMENT OF SOUTH CARROLL AVENUE SHALL BE CONVEYED OR DEDICATED TO ADJACENT PROPERTY OWNERS, DEVELOPED AS OPEN SPACE AND DEDICATED TO THE HOME OWNERS ASSOCIATION, OR DEDICATED AS R.O.W. AS SHOWN ON THIS PLAN. 7. A PRIVATE HOMEOWNERS ASSOCIATION (H.O.A.) SHALL BE ESTABLISHED FOR THE PERPETUAL MAINTENANCE OF BUFFER YARDS, LANDSCAPING, SCREENING, NEIGHBORHOOD CENTER AND OTHER PRIVATELY OWNED ASSOCIATION AMENITIES. THE H.O.A. SHALL BE ESTABLISHED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE CITY OF SOUTHLAKE AT THE TIME OF FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS. 8. NO KNOWhI EASEMENTS ARE CURRENTLY ON OR ADJACENT TO THIS PROPERTY. 9. SCREENING FENCES SHALL NOT BE LOCATED WITHIN SIGHT TRIANGLES OR VISIBILITY EASEMENTS AT PUBLIC INTERSECTIONS. 10. PHASE 1 WILL INCLUDE ALL OF THE AREA SOUTH OF THE REALIGNED CARROLL AVENUE. PHASE 1 WILL NOT INCLUDE REALIGNED CARROLL AVENUE OR THE ASSOCIATED CONNECTIONS OF EXISTING CARROLL AVENUE AND CARLISLE LANE. TWO (2) LANES (24.5') OF THE REALIGNED PORTION OF CARROLL AVENUE (PORTIONS WITHIN THIS DEVELOPMENT WHERE THE FULL 70' OF R.O.W. IS BEING DEDICATED AS SHOWN ON THIS PLAN) WILL BE CONSTRUCTED WITH PHASE 2, INCLUDING THE CONNECTIONS AND TRANSITIONS TO EXISTING CARROLL AVENUE AND CARLISLE LANE. 11. ONE HUNDRED PERCENT (100%) OF THE PERIMETER ROADWAY FEES ASSESSED FOR THIS DEVELOPMENT SHALL BE UTILIZED TO FUND THE CONSTRUCTION OF THE REALIGNED PORTION OF CARROLL AVENUE, AND ASSOCIATED CONNECTIONS AND TRANSITIONS, AS DESCRIBED IN NOTE 10. I BRICK ( 0 50 100 200 300 SCALE: 1'=2W C. A. PRADE JR. EX. ZONING: AG L.U.D. MEDIUM DENSITY RESIDENTIAL 35' R.O.W. DED ICATIOP 70'. FUTURE R.O.W. PAUL L. SCHELL EX. ZONING: AG L.U.D. MEDIUM DENSITY RESIDENTIAL OUT PARCEL (TO BE DEDICATED AS R.O.W OR - DEEDED TO ADJACENT OWNERS) EXISTING SOUTH CARROL R.O.W. TO BE ABANDONED RUCKER FAMILY LTD. PARTNERSHIP EX. ZONING: AG L.U.D. MEDIUM DENSITY RESIDENTIAL TOMMY G. BARNETT EX. ZONING: AG L.U.D. MEDIUM DENSITY RESIDENTIAL E. A. SMITH SUBDIVISION BLOCK 1, LOT 2 V 388-154, P 91 P.R.T.C.T. HILLMAN 0. McKENZIE EST. EXISTING ZONING: SE 20B L.U.D. MEDIUM DENSITY RESIDENTIAL N R9055'55''E - 1 39T 48' REENIING FENCE — 30' B_L. — 1 — — m STREET 1K1 IN I STREET 'I' 30 B.L.- 251 B.L.T I I 2 P iA� E I 1 m; J / 30 6� - ro I / w I All City of Southlake development regulations, rules, and standards that are applicable to SF-20B single family residential districts shall also apply to the Versailles Planned Unit Development, except where said regulations, rules, and standards are in conflict with the following: Front Yard: There shall be a front yard of not less than thirty (30) feet. i Yard: There shall be a side yard of not less than ten (10) feet unless the side yard is adjacent to a street. Side yards adjacent to a street shall not be less than fifteen (15) feet.. Reverse frontage corner lots (key lots) shall have a designated side yard of not less than 25'. Rear Yard: There shall be a rear yard of not less than thirty (30) feet. Maximum Lot Coveraae: All buildings or structures shall have a maximum lot coverage not exceeding thirty (30) percent of the lot area, except the sum total of accessory buildings which shall not exceed six hundred (600) square feet. (As amended by ordinance No. 480-C) . LQt Area: The minimum area of a lot shall be thirteen thousand (13,000) square feet. The average lot area shall not be less than fifteen thousand (15,000) square feet. Lot Dimensions: Each lot shall have a minimum width of ninety (90) feet and a minimum depth of one hundred twenty-five (125) feet. Floor Area: The main residence shall contain a minimum of two thousand two hundred (2,200) square feet of floor area. Maximum Residential Density: The maximum number of dwelling units per gross acre shall be 1.85. Drive Access: Driveway access to existing South Carroll Avenue, future South Carroll Avenue, and East Continental Boulevard shall not be allowed. 10 U.E r-- I � I�5'U.E. THERON A. RAGAN I----- EXISTING ZONING: SF 20A I� L.U.D. MEDIUM DENSITY RESIDENTIAL I� I I APPROVED PRELIMINARY PLAT "NAPA VALLEY ESTATES" 1r, 3 10 � 2 \ ---- i S 8 9°46' 40" E- 19.5 2 I i W , I � u I W 15' D E.8 U.E. J \\(V �4� /� I I I I = CH RZONING:D A HART L.U.D. MED. DENSITY ' I RESIDENTIAL `-v_30 18L_ 25 B.L. 15'B.L 00 J d STREET 'G' ' _ 1 W SCR ENING m ,o TIMARRON LAND CORD cD FEN E —I in 0 - N 0 SCREENIN EX. HARVEY MILLER ZONING: SF 20B ' EXISTING ZONING FENCE , L.U.D. MED. DEN SITY In PUD 480 - OIB o FUTURE CARROT 1 (70 O.W.R.O) RESIDENTIAL DENSITY RESIDENTIAL 1 SCRE NING J °� -� S REE ING Im i NOAH B. POND JR. 3 0/ FENC ENCE -- EX. ZONING: AG L.U.D. MEDIUM LQ �_ — O' DENSITY RESIDENTIAL-o ^� ---I--� L-- STREET ' D' TIMARRON ADDITION I I a �o WYNDSOR CREEK I CARROL ROAD o • z h B.L. I - 3O'B.L. CABINET A, SLIDE 1707 - _ BAPTIST CHURCH Z UJ p `L/ • \ a EX. ZONING: CS I L.U.D. PUBLIC & �i 01518.L 00 IM \ 1 z--_i \ -- SEMI --PUBLIC _J WSTREE r W STEVE RYAN EX. ZONING: _M Q �I BL] 7.2 ACRE ± AS�/ \ - r � I r -� � l APPROXIMATE L.U.D. 'MEDIUM S W PRIVATE -�--- /1� LOCATION OF EXI NEIGHBORHOOD HOUSE REDSIDJSNTIAL O i AMENITY CENTER _ — T � 75' INGRESS/ EGRESS Ln W W/ DIVIDED MEDIAN /TiMARRON LAND CORP. I ~-'W EXISTING ZONING: z P.U.D. 480—OIB a Wm1 m MEDIUM DENSITY RESIDENTIAL I M _.U.D. = Z F Q� r+1 I w 35' R.O.W. DEDICATION w w W 70' FUTURE R.O.W. Li } - Cr % N.O.B. N� n- > CA — — u STREET 'A' 1 JOE L. 30 VkAVFVKU rCAK IV -CC UN DU UNIK7 TY rICA L 5MEENING FENCE ELEVATIOW — L-J�' B. _ - 15'B.L. -_� w cr STREET �'C' � W 30 J I i STREET 'A' REQUIRED BUFFERYARDS STREET 'A' REQUIRED BUFFERYARDS REQUIRED PROVIDED CANOPY TREES ACCENT TREES I I SHRUBS North None None - East None None - - - South 10'-B 101- B 26 39 130 West None None - - - EXIST. RAINBOW ST. WILLIAM & JANICE MINOR EX. ZONING: SF 20B L.U.D. MED. DENSITY RESIDENTIAL LEGAL DESCRIPTION BEING A 78.05 ACRE TRACT OF LAND SITUATED IN THE J. W. HALE SURVEY, ABSTRACT NUMBER 803, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO MARVIN KERCHO, AND DESCRIBED IN DEED RECORDED IN VOLUME 3241, PAGE 415, DEED RECORDS, TARRANT COUNTY, TEXAS, BEARING BASIS IS PLAT FILED IN CABINET A, SLIDE 1707, TIMARRON ADDITION, WINDSOR CREEK, PHASE 1, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 3/4" iron rod found at the northeast corner of that certain tract of land conveyed to Sarah Reynolds as described in deed recorded in Volume 2414, Page 583, Deed Records, Tarrant County, Texas; THENCE N 89039'21" W, along the north line of said Reynolds tract, at 189.05 feet, passing a 3/4" iron rod found, a total distance of 210.00 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set in Carroll Road for corner, said point also being in the east line of that certain 4.81 acre tract of land conveyed to Timarron Land Corporation, described in deed recorded in Volume 10533, Page 235, Deed Records, Tarrant County, Texas; THENCE N 00004'05" W, along the approximate centerline of Carroll Road and along the east line of said 4.81 acre Timarron Land Corporation tract, and also along the east line of those tracts of land recorded in Deed Records, Tarrant County, Texas, as follows: S. Ryan, Volume 7158, Page 644; Trustees of the Carroll Road Baptist Church, Volume 4929, Page 356; N. Pond, Volume 7134, Page 944; T. Barnett, Volume 9657, Page 2320; Rucker Family Limited Partnership, Volume 10432, Page 1162; P. Schell, Volume 2851, Page 198; and C. Prade, Volume 2835, Page 358, a distance of 2056.61 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set for the northwest corner of herein described tract, said point also being in the south line of LOT 2, BLOCK I, of the E. A. SMITH SUBDIVISION, that certain 27.625 acre tract of land conveyed to E. A. Smith, described in plat record Volume 388-154, Page 91, Plat Records, Tarrant County, Texas; THENCE N 89055'55" E, leaving the east line of said tracts and the said approximate centerline of Carroll Road, along the south line of said E. A. SMITH SUBDIVISION, 1397.48 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set in the west line of that certain tract of land conveyed to THE BRANAN ENTERPRISES, described in deed recorded in Volume 6377, Page 99, Deed Records, Tarrant County, Texas; THENCE S 01016'56" W, leaving the south line of said E. A. SMITH SUBDIVISION, along the west line of said BRANAN ENTERPRISES tract, 621.41 feet to a 1 /2" iron rod found at the southwest corner of said BRANAN ENTERPRISES tract; THENCE S 89046'40" E, along the south line of said BRANAN ENTERPRISES tract, 19.52 feet to a 5/8" iron rod found at the northwest corner of that certain 2.52 acre tract of land conveyed to Charles Hart, described in deed recorded in Volume 3193, Page 361, Deed Records, Tarrant County, Texas; THENCE S 01023'55" E, leaving the south line of said BRANAN ENTERPRISES, along the west line of said Charles Hart tract, and also along the west line of those tracts of land recorded in Deed Records, Tarrant County, Texas, as follows: William Minor, Volume 6506, Page 266, and Harvey Miller, Volume 9165, Page 2165, a distance of 484.2f feet to a 1 /2" iron rod with plastic cap stamped " Vogt Engineering" found at the southwest corner of said Harvey Miller tract; THENCE S 86038'45" E, along the south line of said Harvey Miller tract, at 187.94 feet, passing a 112" iron rod with plastic cap stamped "Vogt Engineering" found, a total distance of 208.19 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set in Carlisle Lane, said point also being in the west line of that tract of land conveyed to N. Brown, described in deed recorded in Volume 6444, Page 569, Deed Hecords, Tarrant County, Texas; THENCE S 00004 56" W, along the approximate centerline of said Carlisle Lane and the west line of said N. Brown tract, 1171.77 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set in the north line of that certain 17.0 acre tract of land conveyed to Timarron Land Corporation, described in deed recorded in Volume 10533, Page 235, Deed Records, Tarrant County, Texas; THENCE N 89014'05" W, leaving the west line of said N. Brown tract, along the north line of said Timarron Land Corporation tract, and also along the north line of those tracts of land recorded in Deed Records, Tarrant County, Texas as follows: Bear Creek Communities, Volume 10351, Page 2377, and that certain 2.86 acre tract conveyed to Timarron Land Corporation, described in deed recorded inVolume 10533, Page 235, a distance of 1413.05 feet to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set at the southeast corner of the aforementioned Sarah Reynolds tract; THENCE N 01009'53" E, leaving the north line of said 2.86 acre Timarron Land Corporation tract, along the east line of said Sarah Reynolds tract, at 24.70 feet, passing a 3/4" iron rod found, a total distance of 211.03 feet to the POINT OF BEGINNING, and containing 78.046 acres (3,399,664 square feet) of land with 0.55 acres contained in Carlisle Lane, 0.71 acres contained in Continental Boulevard, and 1.00 acre contained in Carroll Road, leaving a total of 75.786 acres of land more or less. S 860 38' 4511E 208.19' OUT PARCEL ,,—(TO BE DEDICATED TO THE H.O.A. AS A COMMON AREA OR DEEDED TO ADJACENT OWNER) NORMAN J. BROWN EXISTING ZONING: SF 20A L.U.D. MEDIUM DENSITY RESIDENTIAL DEVELOPMENT PLAN — OUT PARCEL FOR R-P.U.D. REZONING REQUEST ( TO BE DEDICATED AS R.O.W.) PROPOSED LAND USE SUMMARY \ EXISTING CARLISLE ROW. TOTAL ACREAGE 78.046 ACRES : OF ( TO BE ABANDONED) EXISTING PERIMETER/THOROUGHFARE R.O.W.' PROPOSED PERIMETER/THOROUGHFARE R.O.W. 2.6 4.8 ACRES : ACRES : VERSAILLES DEDICATION OPEN SPACE 7.5 ACRES : 78.046 ACRES PUBLIC PRIVATE 0.0 7.5 ACRES : ACRES : OUT OF THE TOTAL RESIDENTIAL ACREAGE 63.2 ACRES : J, W. HALE SURVEY, ABSTRACT NO. 803 NUMBER OF LOTS 144 DENSITY (GROSS) 1.85 D.U.)ACRES : IN THE PERCENT OF OPEN SPACE (NET OF EXISTING PERIMETER R.O.W.) 10.0 %+ CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS 35' CA. I 35' ROW DEDICATION TYPICAL DIMENSIONS OF SMALLEST LOT 90, X 145, (13,050 S.F.) ' EXISTING PERIMETER R.O.W. ON THIS PROPERTY SHALL BE SF-20B TO R -P.U.D. CONSIDERED TO BE 25' WIDE FOR SOUTH CARROLL AVENUE, CART ISLEz LANE. AND EAST CONTINENTAL BOULEVARD. ° 2 J WRIGHT N01°09'5311E-211.03r- ' - � 521FUTURE R.J.1h'. N 89 39 21 W- 2 10.00 Y Q EX. ZONING: J 30 z z SF 20B 1 L.U.D. MEDIUM ml ~ `r 'R )A DEDICATION, DENSITY RESIDEN. J. W. HALE SU R , E Y - AB T. 80 JOHN N. GIBS61N SURVEY — ABSI. 591 BILLY JENNINGS viz EX. ZONING: SF I A L.U.D. MED. DENSITY �I�P Y z Q RESIDENTIAL P w z w [r w p V F - Z z n Ld LU o m� GQ' 0LLZJ 0X� J� Q�Ld 0a ow Q�. 0 z J JOE L. WRIGHT EX, ZONING: SF R-P.U.D. L.U.D. MED. DENSITY RESIDENTIAL J Z Ldw 0 W U-) NO w I V X W J TI ARRON LAND CORP. EXISTING ZONING: P.U.D. 480—OI B L.U.D. MEDIUM DENSITY RESIDENTIAL V7 D _ W (FOR TURN LANE) EAST CJNTIl` - - N 89° 14 05 W - 1413.05 — TYPICAL BUFFERYARD B SSCREENING(SEE 1 o T� i �-42' R.O.W. DEDICATION DETAIL 81 1 -J 1 13 75 INGRESS/ EGRESS 84' FUTURE R.O.W. TABLE) I = 1 0 W/ DIVIDED MEDIAN 1 m I 2' w 1 ir 1IMARRON LAND CORP. n I 00I H EXISTING ZONING: >. P.U.J). 480-01 B w L.U.D. MEDIUM DENSITY RESIDENTIAL L.U.D. - LAND USE DESIGNATION FROM CITY MASTER PLAN APPROVED BY THE PLANNING & ZONING COMMISSION DATE: I CHAIRMAN OF P&Z COMtAISSION SECRETARY 1 - 9-95 SECOND SUBMITTAL (COUNCIL) C.D.S. PD.M. PD.M.. 12-7-94 FIRST SUBMITTAL (P&Z) -J.W.M P.D.M. P.D.M. DATE REVISION MADE CKD. APPD. OWNER: KERCHO KOCHWEOP PARTNERSHIP 3825 LAKE AUSTIN BLVD., SUITE 504 AUSTIN, TX. 78703 DEVELOPER: VERSAILLES, LTD. 8333 DOUGLAS AVENUE, SUITE 1300 DALLAS, TEXAS 75225 (214) 691-5300 ENGINEER/SURVEYOR: ®_ �' WESCartern Burgess � Consultants in Engineering, Architecture, JAN 0 9 1995 Planning and the Environment CARTER & BURGESS, INC. 7950 ELAtBR00K 11 DRNE, SUITE 250 ()ALLAS, TX 75247-4961 D``ECEMBER. 1994 CASE NO. ZA 94-85 C&B JOB #93-3306-01 D 0 50 100 200 GRAPHIC SCALE IN FEET SCALE 1": 100' IF = Iron l' ound IS = Iron Set CITY COUNCIL i SOUTHLAKE, TEXAS APPROVAL DATE MAYOR SECRETARY PLANNING AND ZONING SOUTHLAKE, TEXAS Elzo L. Shuping Vol. 4225, Pg.438 I LOT 4 Michael L. Howard Vol. 10973, Pg 922 POINT OF BEGINNING I ` 1 1/2"IF East 642.76 Base Bearing Vol 5483 Pq 326 FOR DESCRIPTION J 060.0 I ' r o i - -- --- — --- — -- — -- --- 630.57 I 0 Droinoge 8 Utility Easement — -- -- - - - '� 12.19 72' I S 112 ' I F 0 3 I w oo cr_ �_ LOT 3 ^ 0' w Utdilt Easement------.--, I/2' IS- -� v j 1w o I-r _ -EAST -272.274-- - �> 00 p — BLOCK THREE o s' 1 `o c 0 `0 10 I- o w l I w oI -(D I "M tD V Lot 3 Lot 4 D �- L O T 2 M (n ,E, 4.867 Acres I o I.00 ACRE m o oI Y z o Z o 0 a Q W -_--- WEST_-_ 272.27.--- -- - _ of 0 T 1/2'IS - _ - _ —. _ 1/2 "IS! u> I N LOT I 111/2 IF__---- _ _.._ _ _._--_----630.59-----5'Utility Easernent_f---.--__-`— 1/2' IS--� S 89�5941"W 642.39 STUtility Easement r72' IF y Helen M. Taylor Vol. 274I, pg 267 I I COMMON AREA No, 2(Drainoge 81 Utility Easement) Vo1.231[� g.624 APPROVED PRELIMINARY PLAT—COVENTRY I -lot r-7 OAT -- :_ :' ter' r ' 4 vey'a • VICINITY MAP SCALE 1"-2000 PLAT SHOWING LOTS 3 & 4 T. M. HOOD NO. 706 ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE IN TARRANT COUNTY,'TEXAS, BEING A TRACT IN THE T M. HOOD SURVEY ABSTRACT NO. 706 2 LOTS DEC.9, 1994 6.0 Acres M DEDICATION STATE OF TEXAS COUNTY OF TARRANT THAT WHEREAS, Robert H. Moss and wife Willie Mae Moss are the owners of IT a tract in the T. M. Hood Survey, Abstract No. 706, situated in the City of a Southlake, Tarrant County, Texas, as described in a deed of record in - ; Volume 5483, Page 326, Deed Records, Tarrant County, Texas, and being more m particularly described by metes and bounds as follows: - o "' BEGINNING at a �" iron found in the West right-of-way fence of Shady Oaks J >° Drive for the Northeast corner of the herein described tract, said point being 40.93 feet South and 47.4 feet West of the r �5/6'1F Northwest corner of Lot 2-B-2-A, Block 1, Burnett Acres Addition to the City of Southlake, as shown on a plat of record in Volume 388-171, Page 21, Plat Records, Tarrant County, Texas; a N THENCE S. 00 - 41, - 10" W. along the West right-of-way fence of said n Shady Oaks Drive 406.64 feet to a �" iron found in same for the N Southeast corner of the herein described tract; H o THENCE S. 890 - 59' - 41" W. 642.39 feet along the North line of a z tract described in Volume 2741, Page 464, Deed Records, Tarrant 0 ~ County, Texas, to a '11 iron found in same for the Southwest corner of the herein described tract; 0 0 a THENCE N. 00 - 37, - 561, E. 406.70 feet along the Easterly line of co a tract described in Volume 2312, Page 624, Deed Records, Tarrant County, Texas, to a �" iron found in same for corner; U m U a n I THENCE East (base bearing Volume 5483, Page 326,) 642.76 feet to the r� POINT OF BEGINNING and containing 6.0 acres. o H w NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS Q. Cr M m THAT, Robert H. Moss and wife Willie Mae Moss, the undersigned, do hereby adopt this plat designating the above described property to be known M as Lots 3 & 4, T. M. Hood, No. 706 Addition, an addition to the City of Y Southlake, Tarrant County, Texas, and do hereby dedicate to the use of the O public all streets and EASEMENTS as shown hereon. m - WITNESS MY HAND this day of 1994. c� N m Robert H. Moss, Owner Willie Mae Moss, Owner o STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Robert H. Moss and wife Willie Mae Moss, known to me to be the persons whose a names are subscribed to the foregoing instrument and acknowledged to me that —'-WEST HIGHLAND STREET- - they executed the same for the purposes and consideration therein expressed. ,n GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 1994. OWNER Robert H. Moss etux 515 Arawe Circle W Irving, Tx. 75060 (214) 790-2664 Notary Public in and for the State of Texas. My commission expires 1994. I, Walter W. Ward, the undersigned, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that; this plat is a true and correct: representation of a survey made on the ground. Registered Professional Land Surveyor No. 2014 Date NIlkrn�� THIS PLAT FILED IN CABINET SLIDE DATE CASE NO. ZA 94-150