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1995-03-02 CC Packet
City of Southlake,Texas MEMORANDUM March 17, 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 March 21, 1995 1. Agenda Item No. 4B. City Manager's Report, contains the departmental reports except the building permit reports. (The single family permit data for February was included in your last packet--46 permits in February 1995, up from 34 in February 94.) Please let me or the Directors know if you have any questions about the reports. 2. Agenda Item No. 5A. Authorizing the City Manager to execute an agreement with Carter & Burgess (Mike Weaver) to provide consulting services in connection with accelerating the construction of four grade separations on S.H. 114. Mr. Weaver assisted us previously in getting the minute order to acquire right-of-way on S.H. 114 in August, 1993. He has a good track record with us, with TxDOT in the Fort Worth District, and with TxDOT in Austin. The total cost will be approximately $51,000. This will not guarantee a new minute order, but it will get us before the Commission with a quality presentation. I am convinced that if we are to be successful we need Weaver's help. We had always planned on using him, even when we were talking about hiring a lobbyist. Recall that I mentioned I had spoken to the Perot Group, Mobil, and Maguire Thomas and had received some indication that they would pay for Mr. Weaver's services if we paid for the lobbyist. Now that we have changed direction, I believe we may be able to get all three to contribute to the proposed agreement. Whether or not they participate in funding the proposal, it is in our best interest to proceed. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 2 I have placed this on the Consent Agenda believing that we can talk through the outstanding issues, if any exist, in work session. Please let me know your thoughts prior to the meeting if you have reservations. 3. Agenda Items No. 5B, 5C, 5D, and 5E are bid awards for Public Works equipment. All items are within budget estimates except the brush chipper, which is slightly over the estimate. They are as follows: Agenda Item Equipment Budget Estimate Successful Low Bid 5B Air Compressor/ $20,000 $10,750 Jack Hammer 5C Jet Rodder $35,000 $28,575 5D Brush Chipper $17,000 $18,850 5E Crack Sealer $20,000 $17,950 The budget estimates are for financial planning. Sometimes we estimate high, sometimes low. The bottom line is that collectively we are within budget estimates. Agenda Item No. 5F. is on the agenda to enable the City Council to excuse the absence of Councilmember Stephen Apple, who will with this meeting, miss two consecutive regular meetings. The City Charter in Section 2.08(b) requires an elected official to forfeit office for failure "...to attend two consecutive regular meetings of the Council without being excused by the Council." 4. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-160 (ZA 95-01), Rezoning of Burns/Grubbs Addition, 9.494 acres, from AG to SF-1A. There have been no changes since Council approval of the 1st reading, 6-0. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 3 5. Agenda Item No. 7B. 2nd Reading. Ordinance No. 480-165 (ZA 95-09), Rezoning and Concept Plan for Ridgewood I. 18.03 acres, from AG to SF-20A. Applicant PIMA Properties. There has not been a revised concept plan submitted since Council approval of the 1st reading, 6-0. Staff has revised review letter#2 to reflect a request for the trail connection in the northeast corner rather than the northwest corner. The developer agreed to work with City staff to fmalize a location prior to final platting. 6. Agenda Item No. 7C. 2nd Reading. Ordinance No. 506-A, amending the present Sign Ordinance No. 506. Community Development Director Greg Last has spent considerable time reviewing the sign ordinance with Wayne Olson since Council approval of the first reading, 5-1. It is very difficult to simplify this ordinance and provide the level of sign regulation that we believe the citizens would be comfortable with. Staff has made a number of modifications to simplify the ordinance (with City Attorney input) and to ensure that it is legally defensible. One sensitive area is the treatment of political signs. This draft proposes to move them to the "exempt" category since there were no regulations applicable to political signs in the last draft. The attorneys want you to be aware that they feel they can defend some level of regulation of political signs if that is your desire. The attorneys will discuss these issues further at the work session. 7. Agenda Item No. 7D. 2nd Reading. Ordinance No. 635, Code of Ethics and Conduct. Note in the memo from Shana Yelverton, Assistant City Manager, that the changes suggested by City Council have been incorporated in the ordinance. To reiterate my comments from last meeting, the first draft of the ordinance was presented in March, 1994. At the request of City Council, we looked at similar codes from numerous cities, the federal government, and other public agencies. I have researched this subject extensively over the years (my personal files date back to 1980). The upshot is that no cookie-cutter model ordinance really exists. In looking at an ethics ordinance for Southlake, there are two aspects to consider: one Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 4 legal, one political. In trying to determine what we can legally do, we used as a benchmark what we could require of the elected officials. The eligibility requirements to run for elective office in Texas are contained in the Texas Election Code. In putting together the requirements in the ordinance, it seemed to be unfair to limit board appointments because of local business ties when the same could not be applied to elected officials. Also, in one instance, the state law specifically requires participation from the local business community (Chapter 395 of the Local Government Code as it pertains to appointments to the Capital Improvements Advisory Committee to consider impact fees). Therefore, after all the research, we have come full circle to the year-old ordinance. The ordinance incorporates the various state laws pertaining to conflicts of interest. The obvious difference, and advantage to our citizens, is that violations of the state law must itr be prosecuted in the appropriate courts, usually by the District Attorney, whereas violations of the ordinance can be handled locally. Please let me know if you have any questions. 8. Agenda Item No. 8A. 1st Reading. Ordinance No. 480-143 (ZA 94-85), Rezoning and Development Plan of Versailles, 78.046 acres, from SF-20B to R-P-U-D. The P&Z Commission in its March 9 meeting, generally felt that this development should accommodate the thoroughfare plan. They asked Mr. Plunk if he would consider the plan they previously approved (which showed New Carroll) if they worked with him to allow a higher density. He preferred that they act on the plan submitted. P&Z recommended denial 6-0-1 of the plan. Mr. Plunk has submitted basically the same plan to the Council, with the exception being that he relocated the street stubbed to the north. City staff does not know the reason for that change, however, would recommend that the stub be provided more central to his north property line, thereby allowing more flexibility in C,, development of the tract to the north. Note that a super majority vote will be required of Council to approve this request. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 5 Note also that Timarron has submitted a Development Plan and Preliminary Plat for their property south of Continental. A reduction of this plan was included in your packet. 9. Agenda Item No. 8B. ZA 95-03, Concept Plan and Agenda Item No. 8C, ZA 95-04, Preliminary Plat for South Hollow, 33.123 acres, north side of E. Continental Blvd., east of Carlisle Lane and south of Rainbow Street. The developer previously tabled the Concept Plan in order to allow the preliminary plat to catch up at the Council meeting. There are no significant issues with this request. The developer has made provisions for R.O.W. dedication along Carlisle sufficient for the New Carroll alignment. It is his preference that New Carroll be required per the Thoroughfare Plan. P&Z recommended approval of the Concept Plan 6-0-1 and the Preliminary Plat 6-0-1. The owner of the Versailles land west of Carlisle has submitted opposition to this development subject to final determination of the New Carroll alignment. Note this opposition does require a super majority vote by Council for approval. 10. Agenda Item No. 8D. 1st Reading, Ordinance No. 480-167 (ZA 95-18), Rezoning for 1.45 acres, 2111 E. Southlake Blvd., Owner/Applicant is Frank A. Ritz. Mr. Ritz is proposing 0-1 zoning. He has apparently been in contact with homeowners of the Woodland Heights Addition. We have received no opposition at this time. The applicant is aware of the Corridor Study. P&Z recommended approval 7-0. 11. Agenda Item No. 8E. 1st Reading, Ordinance No. 480-168 (ZA 95-19), Rezoning for Olympia Addition, 6.0 acres, from AG to SF-lA and Agenda Item No. 8F. ZA 95-20, Preliminary Plat_ We have received opposition from one owner, which comprises greater than 20% of the land area within 200 feet, thus a super majority vote is required for approval by Council. It is our understanding that the opposition is based on the fact that there are bricks and other debris in their yard which were left over from the construction of the Crowe home 7-8 years ago and they want it removed. Mr. Crowe stated he intends to get it cleaned up. P&Z recommended approval 7-0. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 6 12. Agenda Item No. 8G. ZA 95-21, Site Plan for Yates Corner Storage. There are no significant issues with this request although there are items which Mr. McPherson would like to discuss. Note on the second page of the memo from Karen Gandy the differences in this site plan from the Concept Plan as approved by Council on 5/17/94. These changes are probably typical of the type of changes we should expect under the SP2 process, where a Concept Plan is processed first, and a more detailed Site Plan follows at a later time. Mr. McPherson would also like to eliminate irrigation of the bufferyards and interior landscape in order to save the large oaks. City staff is in agreement that this is probably a good idea. Shrubs could be selected which would not require extensive irrigation. P&Z recommended approval 7-0. 13. Agenda Item No. 8H. ZA 95-23, Revised Site Plan for Muller& Holdgate Construction Services, Lots 2R and 3R, Block C, Commerce Business Park Addition. The applicant indicates he needs to revise his site plan as previously approved by Council for the reasons noted under staff comments in the memo. The only issue with the approval is that the applicant appears to want a variance on the north and south bufferyards, to provide for grass only and no plantings. We have included the previously approved site plan in your packet for reference. The P&Z recommended approval 7-0. 14. Agenda Item No. 8I. ZA 95-24, Plat Revision showing Lot 2R1, Block C, Commerce Business Park Addition. There are no significant issues related to this request. P&Z recommended approval 7-0. 15. Agenda Item No. 8J. ZA 95-25, Plat Revision showing Lots 4R-2R1, 4R-2R2, and 4R- 2R3, Block A, Southlake Bank Place Addition. The only issue with this request is the location of a common access easement on the property intended to provide Texas National Bank access to Bank Street. The easement as shown would extend through an existing concrete trash dumpster screen on the bank site. Note the letter from Barry Emerson in your packet. Rick Wilhelm is representing the owner of the property, Mr. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 7 Houdek, and it is our understanding that they are attempting to resolve the problem of appropriately locating the easement. P&Z recommended approval 7-0. 16. Agenda Item No. 9A. Resolution No. 95-08, appointment of members to the Capital Improvements Advisory Committee. We have discussed for some time now the need to reappoint the Capital Improvements Advisory Committee. It is required by Chapter 395 of the Texas Local Government Code if the City is to impose impact fees. We are beginning the process of updating our current water and sewer impact fees, and adopting a street impact fee for the first time. There are a number of procedural steps required by the LGC. There must be a public hearing to consider land use assumptions that will be used to develop the capital improvements plan. According to the Code, the Capital Improvements Advisory Committee shall be appointed on or before the date of the land use assumptions public hearing. The current members of the Capital Improvements Advisory Committee were appointed by Resolution 93-18 on March 18, 1993. The resolution does not have a termination date for the appointments, but the thinking at the time was to have 3-year appointments, since by Code the land use assumptions and the capital improvements plan shall be updated at least every three years. We are asking to have City Council adopt a new resolution, however, in order to add the specific reference to street impact fee. The membership of the Advisory Committee, by law, must be composed of not less than five (5) members, with not less than 40% being representatives of the real estate, development, or building industries. Our Advisory Committee has seven (7) members in order to ensure that we usually have at least five members at every meeting of the Committee. The 40% rule requires us to have three (3) members from the development, real estate, and building community (Joe Wright, Lanny Tate, David McMahan). Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 8 To reiterate, Since we will be considering the imposition of a street impact fee, the resolution setting up the Capital Improvements Advisory Committee needs to be updated to provide the specific authority language. We have spoken to each member of the Committee except Bob Hopkins and Paul McCallum. The latter two apparently had difficultly attending the meetings anyway. All five of those we have talked to would like to continue. Since we will be working off the current land use assumptions for this update (and addition of street impact fee) the continuity would facilitate matters. It is our recommendation that Wright, Tate, McMahan, McCombs, and Johnson be reappointed, with the addition of two others to be named next meeting if the 6th and 7th member are not named at this meeting. 17. Agenda Item No. 10B. Developer Agreement for Timarron, Strathmore Addition. Note the references in the memo from Bob Whitehead, Director of Public Works, concerning the park fees and the perimeter road fees. There are no other unusual items with this request. 18. Agenda Item No. 11A. Discussion of Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 1994. The audit report is included in your packet. Note in the management letter that the auditors mentioned two areas of recommended improvements to our internal control structure: fuel inventory reconciliation; and, general ledger reconciliation in water and sewer receivables. We recognized the problem earlier and planned to take steps to strengthen our controls. Note the memo from Lou Ann Heath, Finance Director, in response to the auditor's recommendations. With the fuel inventory, we have taken steps to centralize the process in the Finance Office. This process had been decentralized in three different departments in order to share staff time. With the water and sewer receivables, we recognized the ,, need to reconcile the general ledgers monthly but there were not enough employee hours available. This budget year a new position was authorized by City Council in Finance. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 9 The new person will allow for regular reconciliation of the two as suggested by the auditors. 19. Agenda Item No. 11B. Application of Perimeter Road Fee Ordinance. The memo from Ron Harper, City Engineer, spells out the problems we are experiencing. We have this item on the agenda for discussion in order to receive clarification from City Council on the direction staff should be taking on this issue. Please call Ron, Bob Whitehead, Public Works Director, or me if you have any questions prior to the meeting. OTHER ITEMS OF INTEREST 20. The Trail Master Plan is continuing through the public input phase. SPIN Neighborhood tar #3 met on March 9 to hear a presentation on the plan. Many of the residents of SPIN Neighborhood#3 live in Harbor Oaks and are not receptive to having a trail in their area which would undoubtedly increase pedestrian and bicycle traffic, and general use by the public. There may be opposition from other neighborhoods as well, concerned about trails which bring users close to their homes. The Trail Master Plan is still only a draft and there are many issues yet to work through. To make the trail plan work, we must begin now to work with developers and homeowners to acquire the needed rights-of-way. Staff is currently working to identify potentially controversial areas and will work to ensure that you are aware of neighborhood concerns. The Parks and Recreation Board will initially review the Trail Master Plan on Monday, March 20, and is scheduled to take formal action on the plan on April 10. It will be submitted to P&Z on April 20 for review and recommendation. 21. Bicentennial Park Construction and Impact on Adventure Alley: There may be some L. misunderstandings concerning the date change for construction of Adventure Alley. The attached memo from Kim McAdams, Park Project Manager, explains the rationale behind Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 10 the Adventure Alley Core Committee's decision to postpone the construction date, and the unlikely chance that it will be further delayed. 22. West Beach Land Acquisition Update: We are aggressively acquiring lots in West Beach as directed by Council. We will give you a status report at executive session on Tuesday night. 23. Public Works Construction Update: • South Peytonville Avenue - Paving is completed; striping still needs to be done. Peytonville/Southridge Lakes - Repair work has been completed; some cleanup remains. Carroll Road - Paving completed; some cleanup remains. Kimball extension - Paving is 70% complete. Due to rain delay, project completion is approximately 1-2 weeks away. Dove Road - Plans are being reviewed. White Chapel - Phase I awarded last Council meeting; Phase II will be rebid and should come to Council for approval on April 4. N-4 (Wal-Mart) Sewer Line - Lines are installed; testing and cleanup in progress. Kimball Traffic Signals - Work is proceeding. Water Line to Shady Oaks School Site - The school's mechanical contractor is in the • process of tapping into the water line. Water should be available to the site next week after satisfactory sample test results are obtained. Summerplace Lane - The contractor is waiting on the weather to replace the broken section of curb and replace the driveway section that has settled. •24. Brush Collection: Dick Johnston approached the City about starting a city-wide composting/brush collection program. Attached is a memo from Shana Yelverton, Assistant City Manager, detailing our progress to date in developing a short term and long term solution to the problem. A copy of the memo was also sent to each SPIN Standing Committee representative, as well as KSB Board of Directors. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 11 25. Corridor Study: Attached is a memo from Greg Last which includes the current proposed draft of the Corridor Study development regulations. These will be reviewed at the joint City Council/P&Z work session on Wednesday, March 22 at 7:00 p.m. in the City Council chambers. Greg has been contacted by several people concerned about the proposed regulations and the effect on their developments or property. Be advised that Conner Lam is contacting many landowners to insure that they are aware of the proposed regulations. You should anticipate a turnout of several people with questions concerning the impacts of the proposed regulations. Feel free to call Greg or me with any questions you may have. 26. The Citizen Satisfaction Survey telephone calls have been completed. UNT is drafting a preliminary report that should be ready for staff review by next week. We anticipate having the report finalized for the April 18 City Council meeting. 27. SYAC Trip to Austin is planned for Wednesday, March 22. Twenty-four students and six adults, including the Mayor, Judge Bradley, and myself, are planning to make trip. We will leave at 5:30 a.m. in order to make a 10:00 a.m. meeting with Governor Bush's Legislative Affairs Director, during which time the Governor is also scheduled to meet the group. We are tentatively scheduled to meet with Senator Jane Nelson in the afternoon. Our estimated time of return to Southlake is 7:30 p.m. If you have any further questions, please feel free to contact Kathleen Farrell, Administrative Intern. 28. Students from Toyoma, Japan will arrive on Sunday, March 26 for a week stay in Southlake. They will go to Austin on Monday and visit City Hall on Wednesday. At the SPIN Standing Committee meeting on Thursday, March 30, Dee Ekstrom and Seikoh Sasaki, a member of the delegation, will give a brief presentation on the Sister Cities program to the SPIN representatives. The delegation will depart Southlake on Friday, March 31. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 17, 1995 Page 12 29. The Great Texas Trash-Off, the state sponsored litter pick-up, is scheduled for Saturday, April 1. Keep Southlake Beautiful will again sponsor the local effort from 8:00 a.m. to noon. The Parks and Recreation Division and KSB are also co-sponsoring a post cleanup event at Bicentennial Park at noon for all participants. There will be free hot dogs, entertainment, and give-aways. KSB's goal this year is to clean up more than 30 miles of streets. 30. Don't forget, I plan to take vacation from Friday, March 24 through Sunday, April 2. I will be back in the office on Monday, April 3. Shana Yelverton will be acting City Manager in my absence. If you have any questions or concerns during this time period, please call her or the appropriate Director. C H/k L City of South lake,Texas MEMORANDUM March 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Adventure Alley Playground Construction Changes Due to questions raised at the City Council Meeting, March 7, about the date change for construction of Adventure Alley, I need to address some misunderstandings. Adventure Alley Committee, set their original construction date for April 25-29, 1995, over a year ago, back in March 1994. The reason they selected that date is that that was when the expansion project at Bicentennial Park was projected to be near completion. When I began work at Southlake, August 1, I could quickly tell that there was no feasible way to have the park ready by Spring 1995 due to the present progress on the project and I revised the flow chart to show that the completion date would be Fall 1995. I have continuously kept in contact with the Adventure Alley Committee, informing them of the parks construction schedule. In January 1995, the committee realized that if they kept with the April date the playground would remain unusable throughout the summer, since it would be in the middle of a construction site, and public access would be restricted. The committee realized that the infrastructure of the park, being minimal at that time, the logistics of storing supplies, feeding.300 people around the clock and getting to the job site would be extremely difficult. The committee realized that it would be hard on the volunteers to gear up to construct a playground in April that their children could not be used until September. So in January the committee decided to change the date of construction to September 19-24, 1995. The staff and the contractor have always been willing to work with the committee at anytime and under any conditions. Had the committee stuck to the April construction date, we would have worked with them. But we feel they have made the best decision to hold off construction until September. There will be no reason to delay construction due to the construction progress of the park. Should you have any questions please contact me at 481-5581, extension 757. KM cc: Shana Yelverton, ACM City Council, SPDC (11117 Parks &Recreation Board 0 py 4.1 Cityof South a e Duthtalc' s� �0 March 9, 1995 off' Mayor: Mr. Dick Johnston �, d Gary Fickes 138 Jellico Circle Mayor ProTem: Southlake, Tx 76092 C • Jerry Farrier Councilmembers: Dear Mr. Johnston: \� S Michael Richarme W.Ralph Evans Stephen W.Apple Sr. Thank you for your interest in a city-wide composting program and other options Jon Michael Franks for dealing with limbs and brush. We too believe that something needs to be Andrew L.Wambsganss done to assist Southlake residents, particularly those living on large lots, with City Manager: handling limbs and brush. As we discussed, our staff is currently reviewing Curtis E.Hawk several options: Assistant City Manager: Shana K.Yelverton Outdoor Burning - Although outdoor burning is not the best environmental City Secretary: option for dealing with trees, brush, grass and other dried plant growth, there are. Sandra L.LeGrand situations where it may be the best way to deal with the material. As you know, however, the Texas Natural Resource Conservation Commission has implemented fairly restrictive regulations for outdoor burning. There are eight specific types of outdoor burning which are specifically permitted. One of these includes "rural area on-site burning of trees...when no practical alternative to burning exists for right of way maintenance, land clearing operations and for...forest, crop, and range management purposes..." Burning which is conducted under this provision must occur outside the corporate limits of the city except when it is necessary to eliminate a naturally occurring fire hazard as determined by the local fire department. Our attorneys believe that deadfall could be classified as a naturally occurring fire hazard. There are additional guidelines set forth in the regulations for burning. In short, it may be possible for the City to allow outdoor burning in certain instances, as long as the process is controlled. We are in the process of evaluating the benefit of allowing this type of controlled outdoor burning as a way to mitigate some of the inconveniences of dealing with a large amount of deadfall. Laidlaw Participation - As you know, the City's contractor for sanitation services (Laidlaw) has provisions in its contract for removing brush and limbs, provided they are bundled appropriately and placed at the curb. We are working with Laidlaw to determine the cost of expanding the brush and limb removal services. Specifically, we have asked them to provide us with a proposal for providing additional services such as hauling the brush/limbs to a composting facility, making mulch available to residents, and providing on-site chipping 667 North Carroll Avenue• Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-6796 or Metro (817) 481-0036 services for the convenience of the residents. We have not yet received a response to our Lrequest for information. Kathleen Farrell is working with Laidlaw and will monitor this situation. Composting Program/Facility Research-Angela Stulken, a member of our Public Works staff, is researching the possibility of developing a composting program and/or facility for Southlake. She is reviewing regulations, other programs, and has even visited composting sites. She will be making recommendations to the Public Works Director based on factors such as cost and cost recovery, type of site needed, environmental considerations, collection, labor, insurance issues, monitoring, and marketing methods. Angela will also be advising Bob Whitehead on the issues related to providing chipping services to the neighborhoods, including an analysis of the cost of providing such a service, and the issues related to providing the service "in house" or contracting with a tree trimming service during the off season to provide the service. Backyard Composting Options - I have spoken with Kim McAdams about the possibility of providing educational programs through our Parks and Recreation Division, under the assumption that if we could teach our residents proper methods for backyard composting, they might be amenable to doing it. We will be offering a."homescaping" class in March which may include a composting component. Kim and I are in agreement that the P&R Division should offer more environmental programming, and that backyard composting should be at the top of the list. LAs you know, the dilemma is not an easy one. We will continue our research, and I will keep you informed of our progress. The option we choose to pursue will be presented to the City Council as a new program recommendation during the 1995-96 budget presentation. Thank you again for your interest. We appreciate all of the hard work you do for the City of Southlake and Keep Southlake Beautiful. Please feel free to contact me, Kevin Hugman, or Bob Whitehead if you have additional questions. Sincerely, ,e4 Shana Yelverton Assistant City Manager cc: Keep Southlake Beautiful Board of Directors Gary Fickes, Mayor Curtis E. Hawk, City Manager Bob Whitehead, Director of Public Works SPIN Standing Committee City of Southlake,Texas cipt MONTHLY ADMINISTRATIVE CALENDARS AND DEPARTMENTAL REPORTS February 1995 Administration 4-A Building 4-B Community Development 4-C Complaints 4-D Municipal Court 4-E Park 4-F Public Safety 4-G Public Works 4-H Street/Drainage 4-I Utility 4-J Finance 4-K • u 0 4 Lare ................. �' 0 a.) cd Gr" �i 0 N `4 ' a h z ..e o • cd a.) g .5 n. a o 0 — abi 0 E o -0 0 0 3 w cd p+ y x - U �" 0 6 r a) cn w o v2 3 �, O w b p i by �' . 2 O 0 .5 >> O cn :., 4) N O El 'L7 cd bQ > al •> O N 0 .b -cf ok gib �' �;w o¢ aaA o � o H 44P4 a cv PA 0 aw 0 v) � o 0 0 kn o 0 0 0 0 0 OA N inON A 0 W U .. 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OF CASES (4) PLATTING 2,133.00 NO. OF CASES (6) SPECIFIC USE PERMITS 0.00 NO. OF CASES (0) BOARD OF ADJUSTMENT 400.00 NO. OF CASES (2) MISCELLANEOUS INCOME 436.60 NO. OF CASES (31) TOTAL REVENUE $ 4,170.50 TOTAL NO. OF RECEIPTS (44) C:\W PF\REPORTS\RE V NU-95.02 to ate) b N a .. G,,, s, a)L of, ,, G 0 (. 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NUMBER OF CASES FILED: 989 1149 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 203 241 C. Cases Dismissed 195 199 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 0 1 (2) Finding of Not Guilty 4 2 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 68 71 B. After Deferred Adjudication 56 103 C. After Proof of Insurance 116 88 5. CASES APPEALED 0 0 6. WARRANTS ISSUED 32 42 TOTAL REVENUE COLLECTED: CITY $22,445.50 $20.572.67 STATE 12,952.00 12,697.00 TOTAL 35,397.50 33,269.67 L 4E- - I MUNICIPAL COURT MONTHLY REPORT FEBRUARY 1995 Le' TRAFFIC NON TRAFFIC Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 945 3 195 6 1149 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 204 3 32 2 241 C. Cases Dismissed 164 13 18 4 199 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 0 0 1 0 1 (2) Finding of Not Guilty 2 0 0 0 2 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 CASES DISMISSED: A. After Defensive Driving 71 0 0 0 71 B. After Deferred Adjudication 101 0 2 0 103 C. After Proof of Insurance 88 0 0 0 88 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 42 0 0 0 42 • TOTAL REVENUE COLLECTED: CITY $20.572.67 STATE 12.697.00 TOTAL 33.269.67 Le nmmux VI ii.iiii.ii.§Enii: a it g m A o ,� 3 U 0 0 m O V1 �.y a yy '� W 0 w i o r, o v (kiwi ::.�a:`��<'>' m m o • as �• eqq .8 gs-g-; 12 1 a ti) ‘14 ra 1 iiigiviL::.: ,x• 1 -fl -2 - 5 .e ces em £� � m0 . itiogieZ 48 5 ro '2 ',2, 1-: a. a il, E::-.:.:M.: Tics —2 u. g -ga - 0;:u i 72. t r:,di $.g iiiiiitiki z 1 tg 1 A *---, ' I "" E. m a. 0 w >` �w f- tAeqw " O m w <O . IL o o 2 v, ' Ii qy a4 Op, 04 Cm.. r, .4o >. U w w L OK. 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Law, It 0 0 t 0 w ° v 0 a w c * 0z U os a Gs 4 r-7 SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT February 1995 POLICE SERVICES Citations Issued 1149 Residential Burglaries 3 Arrests 64 Business Burglaries 3 Traffic Accidents 27 Vehicle Burglaries 1 Alarm Calls 176 Assaults 1 Animal Calls 57 New CID cases assigned 51 Thefts Under $1, 500 5 CID Investigations Cleared 38 Thefts $1, 500 and up 5 Active CID Investigations 33 FIRE SERVICES Residential Fires 5 Ambulance Calls : Commercial Fires 1 Vehicle Accidents 13 Other Building Fires 0 Non-accident EMS 20 Vehicle Fires 1 Total Patients Transported 18 Grass Fires 18 Grass/Weed Complaints 30 Fire Alarms - False 18 Burn Permits Issued 4 Fuel Spills/Leak 5 Pre-fire Inspections 18 Other Haz-Mat Calls 1 Building Plans Reviewed 20 Bomb Threats 0 Other Fire Calls 15 SUPPORT SERVICES Total Police Service Calls 912 Total Training Hours : Total Fire Service Calls 40 Police 144 Crime Prevention Surveys 6 Fire 194 Total DARE Classes Taught 44 Communications 0 Warrants Received 0 Volunteers 0 Warrants Cleared 12 Total Personnel Trained 19 Total Warrant Collections $2, 098 . 00 9-1-1 Hang-up Investigations 7 ................. ................. 4 >1 (n U 'd O Till) rn �+ 0 cc) O L rd 0 o 'd w o A E sd o ) IJ O 01 m > I 10 13 I I U I I I •r-I I 1 r-1 I • I-) I-1 (1) 4-1 1.1 en 1 U) bl H bl U) bl a) bl b1 �-i b1 U) ti b1-IJ a) bi b1 - bi 1~ > 0H 0 >1 0 0 0 U] 0 O 0 s~ 'd 0 $ o i~ -r1 en-r-1 -r-1 -H U) -H -H •r-1 a) Q4 -r1 -r1 -H -r1 O N -H -r1 CI -ri 0 G 4-J r-1 ry r-1 r1 ri r-1 r1 IJ r-1 'd r-1 r-1 O r1 H r� -(OH O 'd U) 'd 1-1 'd ni 'd 'd ni d (d 'd 'd b) 'b 'I) 'b 0 'd ni H•r.' 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N m v1 — 0 ON N N rl en vl ON M — 00 vl O O — O N c7 VD Vl w '.0 v' vi yr O N N 00 N — S — en — CO N Os N vi to H U W Et ' g o > E a .o bb b b >> p. 4 _ A ca oa x1 w .5 m oa _ _ _ rya 0 v 0 pC 0 g a as o 0 0 s . 0 c 0 d U vS 3 w 3 z 0 w 3 3 v5 w rx vi 3 z 3 z w 3 u9 w w 3 - H 0 z 2 Q z p : a . .. a) u ca 0 0 0 1 A 0 0 >, ii 1 o 1 0 1 `^ N (n Q U U A F O O a rs' �n° �°n rn F (— F F 3 csi LL H City of Southlake,Texas MEMORANDUM March 09, 1995 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department February, 1995. Description Jan Feb 1 . Tons of asphalt used a. Hot Mix Asphalt 55 0 c. Cold Mix Asphalt 125 25 d. Base Material 50 450 2 . Lane Miles of Road Repaired 100 100 3 . Number of Street Signs Repaired or Replaced (all types) 44 57 4 . Feet of Ditch Line Cleaned and shaped 1000 0 5 . Number of Vehicles Repaired 0 0 6 . Row mowed in miles of streets 0 0 7 . Haul spoil materials from various locations to West Beach property man hours . 0 960 BP/cbk L GENERAL FUND Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended February, 1995 with Comparative Actual amounts for the period ended February 28, 1994 ( Percent Actual Percent 1994-95 Month Year to Date Collected/ Year to Date Total Collected/ REVENUES )3udget 2/28/95 9/30/95 Expended 2/28/94 9/30/94 Expended Ad Valorem Taxes $2,325,950 $434,425 $2,134,199 91.8% $1,906,062 $2,185,256 87.2% Sales Tax 1,233,000 95,426 304,978 24.7% 326,727 877,615 37.2% Franchise Fees 418,040 12,088 375,596 89.8% 308,945 400,036 77.2% Fines 242,400 21,208 85,679 35.3% 89,887 231,952 38.8% Charges for Services 80,000 1,044 33,030 41.3% 19,140 53,786 35.6% Permits/Fees 1,941,350 177,467 679,138 35.0% 629,624 1,680,918 37.5% Miscellaneous 41,750 2,276 16,870 40.4% 11,689 32,927 35.5% Transfer In-Other Funds 496,360 - 0 0 0.0% 0 159,446 0.0% Interest Income 90.000 10 520 43 473 48.3% 36.058 100,848 35.8% Total Revenues $6,868,850 $754,454 $3,672,963 53.5% $3,328,132 $5,722,784 58.2% EXPENDITURES City Secretary $194,598 $8,925 $75,632 38.9% $72,144 $212,832 33.9% City Manager 314,533 38,022 139,535 44.4% 69,466 200,839 34.6% Economic Development 117,245 6,367 24;069 20.5% 0 0 0.0% Support Services 642,785 29,573 332,869 51.8% 290,239 616,620 47.1% Finance 265,640 20,563 110,777 41.7% 112,472 263,764 42.6% Municipal Court 203,990 14,016 73,526 36.0% 52,952 158,793 33.3% Fire 784,663 47,301 258,270 32.9% 223,984 725,817 30.9% Police 1,249,070 173,862 465,696 37.3% 350,569 1,049,060 33.4% Public Safety Support 690,080 45,032 227,331 32.9% 152,035 447,029 34.0% Building 375,155 35,901 129,433 34.5% 79,809 261,906 30.5% Streets/Drainage 997,072 128,351 350,377 35.1% 205,815 1,222,309 16.8% Parks 264,160 .39,235 101,742 38.5% 65,635 199,627 32.9% Public Works Administration 360,495 19,999 102,872 28.5% 56,693 137,192 41.3% Community Development 371.712 33.129 129.680 34.9% 93.362 281.202 33.2% Total Expenditures $6,831,198 $640,276 $2,521,809 36.9% $1,825,175 $5,776,990 31.6% Excess(deficiency)of Revenue over Expenditures $37,652 $114,178 $1,151,154 $1,502,957 ($54,206) OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $414,180 $445,500 $445,500 $720,827 $565,827 Transfer to Infrastructure ($820.026) ($191.678) ($341.678) IQ Excess(deficiency)of Revenues and other sources over Expenditures ($368.194) $1.254.976 $2.223.784 $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 $3.093.145 $3.550.332 $1 838.169 in 0, 0 s.M 4-4 1 W La CD . 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O CL a U t. • CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended February 28, 1995 and February 28, 1994 cam Percent Actual Percent 1994-95 Month Year to Date Collected/ Year to Date Total Collected/ REVENUES Budget 2/28/95 9/30/95 Expended 2/28/94 9/30/94 Expended Water Sales-residential $2,970,000 $159,152 $879,961 29.6% $738,421 $2,627,966 28.1% Water Sales-commercial 612,000 29,242 176,578 28.9% 154,829 452,386 34.2% Sewer Sales 432,000 35,811 179,965 41.7% 126,329 371,706 34.0% Sanitation Sales 432,000 31,648 157,695 36.5% 136,616 344,140 39.7% Other utility charges 391,000 28,895 135,841 34.7% 129,885 373,733 34.8% Miscellaneous 51,600 18,344 43,905 85.1%D 25,794 108,558 23.8% Interest Income 75,000 7 572 39.430 52.6% 24.438 74.859 32.6% Total Revenues $4,963,600 $310,664 $1,613,375 32.5% $1,336,312 $4,353,348 30.7% EXPENSES Water $2,748,041 $212,712 $692,774 25.2% $379,393 $2,276,184 16.7% Sewer 901,797 39,344 437,257 48.5% 318,996 700,170 45.6% Sanitation 388,800 28,516 111,454 28.7% 97,374 304,485 32.0% Debt Service- Revenue Bonds 78,525 6,544 41,673 53.1% 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 (8.988) 0 0.0% 110.167 269.613 40.9% Total Expenses $5,417,247 $278,128 $1,283,158 23.7% $934,670 $3,654,841 25.6% Net Income/(Loss) ($453.6471 $32.536 $330.217 $401.642 $698.507 In O, O, 0 � in m I W W (7 a a . 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H H H CY Z_ 0 2 WN J CY gqZ_1-LU 1-- O 0 K C1LU J=Z_F-pW F- O pZg O Z 0 N ¢ 0.0 00 Q Ca U J y 0 Q DE C1 U N 1117cccf A-J O.05E 0.U CD U 01 0 CD W 7 H N CD CDCD 0 0 0 0 0 0 0 0 0 CC 0 0 0 0 0 0 0 0 0 CL' CDH 0 W 00 rZ O CD000000p0 I-W o00000000 1-W 0 H..4 0 DE < y.0 W O N Ma yb n W CT W Q .4 N M a'b b 1.03 C 1 W 3 N CLDE Z W U O 0 3 0 y 4 y R CITY OF SOUTFILAKE UTILITY BILLING MONTHLY REPORT FEBRUARY 1995 THIS MONTH THIS MONTH LAST MONTH LAST YEAR 2/28/95 1/31/95 2/28/94 ACCOUNTS BILLED: WATER $189,217.76 $193,166.28 $167,248.28 SEWER 35,891.32 35,125.42 26,054.60 GARBAGE 31,715.98 31,711.15 28,135.49 SALES TAX 2,447.27 2,443.61 2,028.70 OTHER 1,956.05 1,241.61 979.49 TOTAL $261,228.38 $263,688.07 $224,446.56 NUMBER OF CUSTOMERS: WATER 4,028 _ 3,989 3,394 SEWER 1,726 1,715 1,210 GARBAGE 3,776 3,783 3,366 TOTAL ACCOUNTS BILLED: 4,309 4,283 3,594 NEW CUSTOMERS: (increases for the month) WATER 39 36 52 SEWER 11 83 39 GARBAGE 13 20 52 TOTAL ACCOUNTS BILLED 26 21 18 CONSUMPTION BILLED (IN 000'S): WATER 31,699 24,743 29,672 SEWER 15,298 11,765 12,053 CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1994-95 collected budget balance budget to date balance percent $1.233.000 $304.979 $928.021 75.27% "FISCAL. FISCAL• FISCAL FISCAL::.- FISCAL FISCAL: • 'SEA YEAR . %Inc YEAR %Inc YEAR %Inc YEAR %Inc '. Y :< %Inc MONTH S9/9E1 90/91 :;:::>:.:,:: (Dec) 91.192 (Dec) 92[93 ' (Dec) 93/94 (Dec) . 9 /95 (Dec) October $37,776 $44,081 16.7% $46,731. 6.0% $50,956 9.0% $99,408 95.1% $89,951.. -9.5% November 24,573 37,447 51.0% 27,929 -24.8% 42,125' 50.8% :. 50,623 20.2% 52,099 2.9% December 21,052 28,464' 35.2% 33,273 16.9% 33,85E 1.7% 70,155 107.3% 67,243 -4.2% January 34,4143 47,106 36.7% 40,012; -15.1% : '.::67,713 69.2% 106,541 57.3% 95a687 -10.2% • February 25594 22,487 -12.1% 4.t1106 78.4% 39,351. -1.9% 57,839` 47.0% 0 March > 30,657 32,955 • 7.5% 37 488 13.8% 44,176 17.8% 59 378 34.4% 0 April 37',201 41,445< 11.4% 57,543 38.8% 68,664 19.3% . 87,438: 27.3% 0: . May 31,501 36 627; 16.3% 41,02E 12.0% $4 623: 33.2% 58,291 6.7% 0 June 37,447 37,894 1.2% 43,105 13.8% 52,0271 20.7% 59,577 14.5% ........ 0 July 51,374 47,017; -8.5% 5:1,357 9.2% $0,567 56.9% 94;,157 16.9% <0 August 31,969 35,951 12.5% 48,,731; 35.5% 48,290 -0.9% 58,98E 22.1% September 32 499 37,004 13.9% .42,7 i1 s 15.5% 54,395 27.3% . 75.228 38.3% Q TOTAL $3966,106 $448,I48 13.1% $51(1036` 13.8% . $636,738 24.8% $877;615 37.8% 4,979 -6.7% SLSTAX95.WK4 REPORT DATE 03/07/95 First month of I/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 $152.490 $464.010 75.27% 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 47,843 n/a 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 $152,490 SLSI'AX95.1.4/K4 03/07/95 .r Lei: Carter :: Burgess Consultants in Engineering, Architecture, VIA FACSIMILE Planning and the Environment ORIGINALS MAILED March 9, 1995 Mr. Curtis E. Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: State Highway 1 14/Denton and Tarrant Counties Dear Mr. Hawk: As a result of our meeting Tuesday, I am pleased to submit our Phase One and Phase Two Scopes of Services and Budgets to support the City of Southlake in its effort to accelerate the construction of four-grade separations on SH 114. Phase One would consist of a review of the existing SH 114 schematic and Lie development of improvement projects at the existing at-grade intersections of White Chapel, Carroll, and Kimball. Also, we would review the status of the Dove Road construction and right-of-way plans furnished to TxDOT by Maguire Thomas Partners to determine what items need to be completed to let that project for construction this fiscal year. Lastly, in Phase One we would identify a series of options for the City to consider "trading" to TxDOT for the 10% local match right- of-way commitment and the best approach to accelerate the interchange improvements. Based on the City's selected option and program, we would meet with you and the Fort Worth District in early April to outline your proposal. Based on their concepts we would proceed to Phase Two. Phase Two would cover the preparation of a City of Southlake July 1995 appearance before the Texas Transportation Commission to present the City's proposal and secure a new Minute Order. This task represents a basic program of services which allows the City of Southlake to appear before the Commission and outline their request as it directly relates to the interchange improvement on SH 114 through Southlake. SCOPE OF SERVICES - Phase One • Review approved SH 114 schematic and develop interchange improvements at White Chapel, Carroll and Kimball that are consistent with the ultimate improvements and minimize construction costs and right-of-way takings. (40.: • Develop a series of options whereby the City could trade right-of-way donations, construction plans and other incentives to TxDOT for the 10% cash contribution for each right-of-way parcel. Carter&Burgess, Inc. Suite 210 5X1—/ iixth Street Austin, Texas 78703-4776 15121 :. --9 i121474-1891 cor Mr. Curtis E. Hawk March 9, 1995 Page Two • Review existing Dove Road plans and identify actions to complete the process and provide for an FY 96 letting. • Develop a preliminary proposal and meet with Fort Worth District to discuss petition and July Commission appearance. Budget Labor (Hourly Not to Exceed) $12,500 Expenses $ 2,000 Total Phase One $14,500 Time of Completion 30 days If you find this Phase One Scope of Services and Budget acceptable, please execute and return one (1) copy to our offices. Please:call me if you have any questions or wish to discuss further. Submitted by: Accepted by: TER & URGESS, INC. Curtis E. Hawk ichael J. Weaver City Manager Vice President City of Southlake Date: 31 a 1 as Date: r:11995%95091HAW K.LTR L Loy Mr. Curtis E. Hawk March 9, 1995 Page Three SCOPE OF SERVICES - Phase Two: Texas Transportation Commission • Preparation of petition to Fort Worth District requesting July 1995 delegation appearance before the Commission. Petition must include the following, as delineated in the Department's rules for delegation appearances, Administrative Circular No. 6-93: • statement of the subject of proposed presentation • brief summary of action sought • brief description of known or potential adverse impacts on the environment • identification of any opposition to action sought, if known • statement of applicable MPO's position and endorsement, if any project limits • separate ROW and construction cost estimates • description of existing facility and requested improvement • proposed local government participation for ROW, utility adjustments, environmental mitigation, construction, other project components • any proposed participation in the project by other public and private (4610, entities • Coordination with the following entities: • City of Southlake • TxDOT Fort Worth District • North Central Texas Council of Governments (NCTCOG) Metropolitan Planning Organization • Area property owners • City of Southlake Chamber of Commerce • Tarrant County • Legislation delegation • Preparation of delegation appearance strategy (delegation members, presentation elements) • Preparation of delegation appearance materials, if appropriate. Budget Labor (Hourly Not to Exceed) $32,000 Expenses $ 4,500 Total Phase Two $36,500 Time of Completion 120 days Mr. Curtis E. Hawk LW' March 9, 1995 Page Four If you find this Phase Two Scope of Services and Budget acceptable, please execute and return one (1) copy to our offices. Please call me if you have any questions or wish to discuss further. Submitted by: Accepted by: RTER & URGESS, INC. Curtis E. Hawk Michael J. Weaver City Manager Vice President City of Southiake Date: 3 l a(lIS Date: r:\1995\9509\HAWK.LTR L • r City of Soufhlake,Texas MEMORANDUM March 16, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Department SUBJECT: Award of Bid for a Portable Air Compressor and Pneumatic Hammer for the Department of Public Works GENERAL INFORMATION City Council approved the bidding of a portable air compressor and jack hammer at their December 6, 1994 meeting. Advertisements were published on February 12 and 19, 1995. Bids were publicly opened and read aloud on February 23, 1995 at 10 A.M. in the Council Chambers. The air compressor will replace the City's existing unit, which will be sold or used as a "trade in". The hammer will be an addition to our equipment, which is to be used by both the Water Utilities and Street Divisions. The air compressor will be used to cut concrete streets for repairs to the streets and water and sewer mains, and to remove the concrete blocking when repairs to water mains are made. The present compressor is worn out and does not have a large enough capacity. BID TABULATION See attached bid tabulations prepared by staff. SPECIAL CONSIDERATIONS None FUNDING/FISCAL IMPACT The equipment was approved in the Fiscal Year 1994/95 Operating Budget for the Water Utilities in the amount of$20,800. STAFF RECOMMENDATIONS Staff recommends that the City Council award Moody-Day Co. the bid for the Portable Air Compressor and Pneumatic Hammer. This Company had the low bid and met all the specifications. ��-/ f Lie Curtis E. Hawk, City Manager Air Compressor and Pneumatic Hammer March 16, 1995 Page 2. Please place this on the March 21, 1995 agenda for Council consideration. G BW Attachments: Bid Tabulation Low, S,oa Bids for Portable Compressor and Pneumatic Hammer Moody-Day Inc. $10,750.00 Ten thousand seven hundred and fifty dollars and no cents. A-1 Rental $11,567.95 Eleven Thousand, five hundred and sixty-seven dollars and ninety-cents. Fox Rental $12,900.00 Twelve thousand nine hundred dollars and no cents. L L • 111 P100 thru P250 Portable Compressors L4! o Wifilitterillaillilielliii ram- MR �� 3°3� ,,„,_'`'o. Jy ,{I -• -0,,'-"rt S E `" a •' ->, '.rf{�°.°Yc''- A lik -'f=3;es-., ` 3 flilYll/ 1,IN1��141 �MMr N / ,6.4„,,,,," ,,,,H m �t .A � L T.�Ab[�MII',,. ,. �str++.. a/. 2' INGERSOLL — r s �� RAND ;` s 1 / --------- INGERSO((f1 to 18� t �!" s� ! ItiGE0. / S' 4,, /. ' ( 01Lf�AN� — —� .E' a �. l ANGERS t — • /r, , ( _ _ ...,, . .„ , _, • . , , .. .• , . t\x„,..„_., .11 ‘, ; ,. • ram' • ��.........„3 . _. .,.. __, . .: . INGERSOLL-RAN D® 5a Ll City of Southlake,Texas MEMORANDUM March 16, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Department SUBJECT: Award of Bid for a Brush Chipper for the Department of Public Works GENERAL INFORMATION The chipper will be primarily used by the Streets and Parks Divisions. This is an addition to the equipment fleet for the City. The chipper will allow city forces to chip brush and trees up to 7- inches into mulch instead of hauling the brush and trees to a landfill. The present planned operation of this unit is for brush chipping which Street and Parks Divisions created by their normal work requirements. City Staff is continuing to work with Laidlaw and (iiaie SPIN representative, specifically SPIN #16, Dick Johnston, to prepare a proposed program for chipping residential yard waste. Alternatives should be available for Council review during the budget process. City Council approved the bidding of a brush chipper at their December 6, 1994 meeting. Advertisements were published on February 12th and 19th, 1995. Bids were publicly opened and read aloud on February 23, 1995 at 10:00 a.m. in the Council Chambers. BID TABULATION See attached bid tabulations prepared by Public Works Staff. SPECIAL CONSIDERATIONS The Alternate Bid for Model 200"Chipper 12-inch does not meet specifications. FUNDING/FISCAL IMPACT Funds for the brush chipper were approved in the fiscal year 1994/95 Operating Budget at an estimated cost of$17,000. L sly-/ ttits,„ Curtis E. Hawk, City Manager Brush Chipper March 16, 1995 Page 2. STAFF RECOMMENDATIONS Staff recommends that the City Council award to Vermeer Equipment of Texas, Inc. in the amount of$18,850. Please place this on the March 21, 1995 City Council agenda. BW/sm Attachments: Bid Tabulation (0, L BID TABULATION 1. Vemeer Equipment of Texas, Inc. 10390 Bickhamm Rd. Dallas,Texas 75220 Vermeer 1250 $18,850.00 2. Big John- South Central Region 421 Crowley Road,Arlington,Texas 76012-3411 MODEL250 Brush Bandit 12" tree chipper . $18,920.00 ALTERNATE BID: MODEL 200+chipper 12" $17,780.00 (Does not meet specifications) (taw, 3. Conley, Lott,Nichols 3404 E. Loop 820 South Ft. Worth, Tx 76119 Morbark E Z Beever Model 13 $19,300.00 L 54)-3 • BRUSH CHIPPER :-...---i:';. t' .. ._ , '•i ;cr. , _'' `• • q • , it• ; �. .ice ;� _ V ' '• j.'6 11 1t i_ J it � _ r f i ly --�. a` - _ + _ I I fit f T �P�+. .. .. V h � ti i i-+`�--^". yy1 case sass ® t :✓� i _ • _ . "M/f - ` .... __. _ E 1 ,' _ - •,dam\\ �.. • „+.ar-~ r . - R �1 _, • "...ate"" — .._ _ .'•� / • • • • • _� . erne re _ :. • — City of Southlake,Texas MEMORANDUM March 16, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Department SUBJECT: Award of Bid for a Jet Rodder for the Department of Public Works GENERAL INFORMATION This unit will be used to unstop sewer mains and drainage structures. We will also set up a preventative maintenance program by systematically inspecting and cleaning all sewer mains. This will minimize service interruptions to our citizens. City Council approved the bidding of the trailer mounted sewer jet rodder at their December 6, 1994 meeting. Advertisements were published on February 12 and 19, 1995. Bids were publicly (61.0' opened and read aloud on February 23, 1995 at 10:00 a.m. in the Council Chambers. BID TABULATION See attached bid tabulations prepared by staff. SPECIAL CONSIDERATIONS Three bids do not meet specifications and must be rejected. The reasons to reject these bids are noted on the attached bid tabulations. FUNDING/FISCAL IMPACT Funds for the Sewer Jet Rodder will be provided by the 1994/95 Operating Budget for the Wastewater Utilities Division. The Sewer Jet Rodder was estimated at $35,000. STAFF RECOMMENDATIONS Staff recommends that the City Council award the bid for the Sewer Jet Rodder to the Naylor Supply Co. for their "demo" unit in the amount of $28,575. They meet all of our bid specifications and can deliver the unit within 10 days after the bid is awarded. L ,SC/ Curtis E. Hawk, City Manager Jet Rodder March 16, 1995 Page 2. Please place this on the March 21, 1995 agenda for Council review and approval. BW Attachments: Bid Tabulation • Lie (lbw Bid Results Sewer Jet Rodder *SRECO-FLEXIBLE CO. $23,977.50 They do not meet the following spec. #10 Tank capacity 600 gal. (specified 700 gals.) #15 The fill piping is at the rear of the unit (specified for curb side installation.) This allows for the filling procedure to be conducted out of the traffic flow. #23 Hose reel does not rotate. A reel that rotates is a safety feature that allows the operator to work out of the traffic pattern and to reach manholes behind the curb without blocking the street. #48. Warranty: Their engine and pump has a one-year warranty. We specified a two-year warranty. O'BRIEN MANUFACTURING $26,462.00 (hore This unit fails to meet bid specs. as follows: #10 Tank Capacity 600 gals. (specified 700 gals.) #48 Warranty: The engine and pump have only a one-year warranty. We specified a two-year warranty. The major problem with this unit is that they do not have a representative in Texas. The unit is manufactured in Bowling Green, KY. We do not feel secure in their ability to respond to warranty problems or to supply parts promptly. VAQUERO EQUIPMENT CO. LTD $27,095.00 This unit fails to meet the following major specs: #1 Engine is not diesel and is less than 236 Cu.Ins. as specified. #10 Tank Capacity is only 600 gals. (specifieid 700 gals.) #20 The hose reel does not have but a 600 ft. hose capacity. #23 Reel does not rotate 180 degrees. #48 Warranty: Engine and pump has only a six-month warranty. We specified a two-year warranty. NAYLOR SUPPLY CO. Bid for a Demo unit $28.575.00 This unit meets all bid specifications and includes 600 ft. of • hose ($990). The unit can be delivered in 10 days from the date of bid award. 5a -3 Le NAYLOR SUPPLY CO. Bid #1 (new unit) $30,350.00 Meets all bid specifications. SEWER EQUIPMENT CO of AMERICA $33,280.00 Meets all specifications. L L NEW FORTHE 2ISTCENTURY .. t The Model 747-FR2000 " Rotator Jet " Featuring the " Rotating Safety Reel '. * A word from Jim O'Brien President ; ! is Sewer Equipment Company of America: ' "Three generations of experience have resulted in the : 1 i agelnial ill i I, !'. development of the most advanced Water Jets everi li ! 1 1! i produced.The New"Rotating Safety Reel"unit will lead the ®I ,� trailer jet industry into the 21st Century.Our experience has proven the importance of choosing the proper trailer jet for \ your particular safety and performance needs. The Model tr_ s:,. `, tl i!747-FR2000 when used with the new"Patriot Root Cutter" .va- ` '-` ' 1 i' ' is the most advanced trailer jet on the market today. 1 .: ., a ,,fi - = Ey. The Model 747-FR2000: the safest and most effective manner to clean sewer/storm lines: Model 747-FR2000 Rotator Jet • Rugged heavy duty steel frame construction and heavy L., duty industrial components mean maximum durability ®•m"-- ;.j , and long life. -�J � �' • . a :' I Sip fgUIpO High pressure water cleaning power means blockages It {' . ,: ' I:' ' f i CO.01 ,1 1; men l: opened quickly and pipes cleaned faster. , , ad,.t3f4 i 1t !1 . ! lIL: +: 1pf• 700 gallon fiberglass water tank means extended --�1 i i. operating time in pipe-fiberglass construction means no tank corrosion. " '( j�; ® - 1 � 1�= _ • Rotating safety reel means: ' ' , , 4,f ,`{ : _ 1. Easy access to all manholes, regardless of location. ; , ► r; Q?- ; ~ `; 2. Operator works away from high traffic zones. i`'' i y, 3. Dramatic decreases in sewer hose cuts, bursts and . __ overall wear because hose can travel straight into manhole. 4. Minimizes operator need to contact hose - minimizes operator fatigue and associated injuries. Model 747-FR2000 Rotator Jet Features/Options: • 190 degree Rotating Safety Hose Reel • Tandem or Single Axle • Pump Capacity up to 65 GPM @ 2000 PSI •• Reinforced Hose Reel • 1"or 3/4 Sewer Hose • Heavy Duty Footage Counter • Fiberglass, poly, or steel water tanks • Large Tool Box • Gas or Diesel Engine • Cold Weather Recirculation 'Patent Pending CALL TOLL FREE SEWER EQUIPMENT f Distributed by: CO.of AMERICA . 1-800-323-1604 �- USA 708/729.3316 FAX 47 "'" 14 6 C.001 1148 DEPOT ST 5�GLENVIEW, ILLINOIS r� I City of Southlake,Texas MEMORANDUM March 16, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Department SUBJECT: Award of Bid for a Crack Sealer for the Department of Public Works GENERAL INFORMATION The Crack Sealer will allow the Streets Division to perform this work anytime during the year. Presently we rent a unit when and if one is available. Crack sealing is an important preventative maintenance procedure for both concrete and asphalt streets. City Council approved the bidding of a Crack Sealer at their December 6, 1994 meeting. Advertisements were published on February 12th and 19th, 1995. Bids were publicly opened and read aloud on February 23, 1995 at 10:00 a.m. in the Council Chambers. BID TABULATION See attached bid tabulations prepared by Public Works Staff. SPECIAL CONSIDERATIONS None FUNDING/FISCAL IMPACT Funds for the Crack Sealer was approved in the fiscal year 1994/95 Operating Budget for an estimated cost of$20,000. STAFF RECOMMENDATIONS Staff recommends that the City Council award Crafco Texas, Inc. in the amount of $17,950. Please place this on the March 21, 1995 Council agenda. BW/sm (kowir BID TABULATION for TRAILER MOUNTED RUBBERIZED ASPHALT MELTER/APPLICATOR (CRACK SEALER) 1. Crafco Texas, Inc. 105 Tower Drive San Antonio,Tx 78232 $17,950.00 2. Sealant Systems P.O. Box 1135 Richmond, Tx 77406-1135 $ 21,500.00 • (bar r% >, - � cnCccaa5 a� c a3 °' °' � ' .cocn o_ f0 7 O O -5 as a) OQU p c LC -O cca O ca O• C-. 0 LW rill 0 a.. ...... as O U C 7 c Li) O N O O L E O O L 7 L 8 to � �d U C U (0 O u) ` C ON 0 , 3yd— aa)i'00LO W O Ki...7 o � � , a) 3 H 7 E � CO • c O O O N cc OLO : tJflhitt111fl cry co H ' U (� �� �o C — ■� (1) p�"� O O0O_c 7 E ■N L O-= O` U o a, c = N O Q a) O Mom �-- ca ca E aU roL °' m orEL �.' y W0 ,, • ...... ..... — MIME TM , rCD 4:11) %NI .., , , ,4:1 Q _ :?1,1 IL W (2 E at • }%ie , . t. Z r�� . _- 0 0 4, .., , . . i . 14 1l J , ;\1 a w LC:1 OM !, .�. .1 ti i 1 1 Q Z I N , ... .. ., j as I , . .t : 1 , l (00....;.....,.............../) IP hill .4,!.. , t l Q�J oI l- / Z 1 (11*".".6%.4ftimemi.21 iI ' . . LP W 3-& _3 City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-160, Second Reading ZA 95-01 Rezoning Request REQUESTED ACTION: Rezoning for 9.494 acres situated in the H. Granberry Survey,Abstract No. 581, Tract 1H LOCATION: West side of S. White Chapel Blvd., midway between W. Southlake Blvd. and W. Continental Blvd., South of Lake Crest Addition and North of Princeton Park Addition OWNER: William Casner APPLICANTS: Linda Martin and Tim Piatt CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential/100-Year Flood Plain NO. NOTICES SENT: Ten(10) RESPONSES: No written responses received P &Z ACTION: February 9, 1995; Approved (6-0-1) to table ZA 95-01 Rezoning Request to the February 23, 1995 Planning and Zoning Meeting and continue the Public Hearing. February 23, 1995; Approved(5-0-1)ZA 95-01 Rezoning Request COUNCIL ACTION: March 7, 1995; Approved(6-0)First Reading, Ordinance No.480-160 KPG/bls L G:\WPF\MEMO\CASES95\95-01Z.WPD Dr , `xsF U�i - A n < rk ik PL 1 B I°°.l-1011 I jijgl°' DD�' O1 B „pA} O - I- sr >. THOGOIA-3- AL NO ARC IP r 1 la is P 'A Npa 1 �' .[Sr 1.0�/..�" ' 11 __-� 1 - p _ ___ 5.37 k N NII SS M BABA NI)a: BN II - � �, r W; �, ,; �rE . D E'ER IS B , ° N7 I D�N.,�clfn, 'k GE I 1�a �5; I O w MIS err. .c 5 A55�f �' M'.f N k I li N: N M Nw ^---�—I; NM Ac u N, �° I• N.W 1 — ` K ,Y� Li W.W. HALL,ro Q � F, ,' I, HALL u ER SUM, A-019 © .v` .-, Md Oaln , ',.,`,', r/- - . Binn� O ---4'1- B` r`�-, `� I 7 ___.:—.a.IA( . a • �• !i . u -.T. • _ _ litij 11 _7 �i o j` u. rr ,Y " + ,It c' , �. 5 1 AE I( --- f ^ I o ; {^ ?�E � _ '{ Y 1 CI . �♦'.i EA ALL ocENTE " ag .i i h r r r ,- ' ';- atkGeg ( HALL __ ._ I --r•-__'' ; : : -- - • t xi r- -r- -� G - 1 in sr 68 • r. 'JP i __. 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' ....___ 41 . -111)* f- --,.., (tiwe eL N lJ N • 1 ,T, 4 '� N _� ?�3 1 •♦ Lie CITY OF SOUTHLAKE,TEXAS ORDINANCE NO. 480-160 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 9.494 ACRES SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 1H, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO"SF-1A"SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMININ THAT THE PUBLIC INTEREST, MORALS AND GENE' •1 WELFARE DEMAND THE ZONING CHANGES •4 D AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE O. ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; (Golo' PROVIDING FOR A PENALTY FOR VIOLATIO.IS HEREOF; PROVIDING A SAVINGS CLAUSE; P' G IDING FOR PUBLICATION IN THE OFFICIAL 1' SPAPER; AND 'ROVIDING AN EFFECTIVE DATE. - WHEREAS, e City of Southlake, - -as is a home rule City acting under its Charter adopted by the electorat- . t . . 'c e 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 (or the City Council did consider the following factors in making a determination as to whether these G:\ORD\ZONI NG\4g0.160 Page 1 (kw 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 (01., 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, (lbw G:\ORD\ZONING\480.160 Page 2 1AS is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 9.494 acre tract of land situated in the H. Granberry Survey, Abstract No. 581, Tract 1H, 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 (Ow 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. G:1ORD\ZONING\480.160 Page I•+-1 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 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: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY O:\ORD\ZONINO\480.160 Page 4 �� L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L G:\ORD\ZONING\480.160 Page 5 '7A- EXHIBIT "A" L BEING a tract of land in the H. Granberry Survey, Abstract No. 581, situated in the City of Southlake, Tarrant County, Texas and being that same tract of land as described in deed to William A. Casner and wife, Susan B. Casner, recorded in Vol. 7263, Pg. 1943 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 3/4" iron pin found at the Northwest corner of said Casner tract, same being the Southwest corner of Lot 5 of the H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 1976, of the Plat Records of Tarrant County, Texas, said point lying in the East line of Timber Lake, Section I, an addition to the City of Southlake,Tarrant County,Texas, according to the plat thereof . recorded in Cabinet A, Slide 485, of the Plat Records of Tarrant County, Texas; THENCE S 89°13'00" E, along the south line of said Lot 5, 390.00 feet to a 1/2" iron pin set; THENCE S 88°55'09" E, continuing along the south line of said Lot 5, at 886.14 feet passing a 1/2" iron pin set at the dedicated southeast corner of said Lot 5,continuing a total distance of 928.53 feet to a "PK" nail set in asphalt pavement at the northeast corner of said Casner tract, said point lying in the centerline of South White Chapel Boulevard (County Road No. 3016, ROW Varies); THENCE S 00°29'28" W, along the centerline of said South White Chapel Boulevard, 311.58 feet to a "PK" nail set in asphalt pavement at the southeast corner of said Casner tract; (kw THENCE N 89°07'15" W, departing the centerline of said South White Chapel Boulevard, at 42.00 feet passing a 1/2" iron pin set at the dedicated Northeast corner of the Amended Plat of Lot 2R of the H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 1326, of the Plat Records of Tarrant County, Texas, continuing along the North line of said Lot 2R a total distance of 1319.01 feet to a 1/2" iron pin set at the corner common to the Southwest corner of said Casner tract and.the Northwest corner of said Lot 2R,said point lying in the East line of tract of land as described in deed to Southlake Joint Venture, recorded in Volume 9719, Page 599, of the Deed Records of Tarrant County, Texas; THENCE N 00°35'02" E, along the East line of said Southlake Joint Venture tract and the Fast line of the aforementioned Timber Lake, Section I, 314.19 feet to the POINT of BEGINNING and containing 413,552 square feet or 9.494 acres of land. Lir G:\ORDVZONI NG\I80.160 Page 6 City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-165, Second Reading ZA 95-09 Rezoning and Concept Plan/Ridgewood I REQUESTED ACTION: Rezoning and Concept Plan for Ridgewood I, being 18.03 acres situated in the J.J. Freshour Survey,Abstract No. 521,Tract 7C. The development proposes 29 residential lots. LOCATION: North side of Johnson Road, adjacent and East of Vista Trails Addition, approximately 1500 feet East of Pearson Lane OWNER: Royal E. Smith, Jr. APPLICANT: PIMA Properties, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-20A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Twenty-two (22) RESPONSES: Eight written responses received from within the 200'notification area: * Daphine Johnson, 2840 Johnson Rd., in favor; road improvement and sewer system. * Royal and Marilyn Smith (Owners), 300 Timber Trail, in favor; upscale residential development would be more preferable than commercial or less desirable uses. * Mary and George Ausley, 2895 Johnson Rd., opposed to road placement;traffic will have a very negative impact on their property, will destroy rural atmosphere,will cause drainage problems on their property, will decrease the value of their property. * Ladis Pokluda, 628 Overland Trail, in favor;with the condition that (iire the new homes are in excess of 2700 sq. ft. of living area. * Robert A. Jordan, 712 Overland Tr., undecided; would like to see a copy of building restrictions; he is not in favor of front entry garages. `16-1 City of Southlake,Texas * Carl R. Wilson, 604 Overland Trail, undecided; does not want commercial development and does not want a four lane road next to his house. If the development causes this,he is not in favor. * Robert Edmondson, 600 Overland Trail, in favor. * Marc and Becky Summey, 612 Overland Tr., in favor. One written response received from outside the 200' notification area: * Alleane N. Johnston, 139 Jellico Circle, opposed; Lot size is too small and the development has only one entrance/exit. P &Z ACTION: February 23, 1995; Approved(6-0)ZA 95-09 Rezoning and Concept Plan for Ridgewood I subject to the Plan Review Summary dated February 17, 1995, amending item #6 providing stub out of middle cul-de-sac Yorkshire Ct.,and deleting item#8 regarding 20' wide park dedication. COUNCIL ACTION: March 7, 1995;Approved(6-0)First Reading,Ordinance No.480-165, subject to the Plan Review Summary dated March 3, 1995, amending item#7 to provide park dedication to the East. STAFF COMMENTS: The Applicant has met all the review comments of the second Plan Review Summary dated March 3, 1995 with the exception of those items addressed in the attached second Revised Plan Review Summary dated March 17, 1995. KPG/bls Tl _i :It-- I (- 60c. . IC 60M 1 605 ,`— 2AI 6 I - -T-_r_.-1-TI-I" ,_- (saie• `tA[tA7 (6A2 , ' ILL 6A II , RA,4D°L . . d. R QdaGG� ti ;EbTAT s l SURKr A-16a .I 6,(1 21 l 1 • . l 1 _ 1. /qp.� ,AIAII/i r_ __,..4.AMPO, SIN7K1� /b9 • '�. �I 1AtA __ �T,/ '�T 3 1 IrEtI��E i Ii. 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G° 122 4 _ M .— U(1I MI ---I I 5 4 10 4 W �I�K7' ___1_ M: M 5A1 5A7 I. -- IAI AlI I ...1 R1IN11? ��1. �1 A '` �N?�NE/o w 51' TRACT MAP 7A2 I IAN / 6 1w M a �y�C N( 1 Id�fJ() � ` 1..1,..t 'A'iMGl � ��-� 10 t , I� , /� -�86e71- . + 3F6 ,51- 1A "AG" .1-\* 4'C \ (..., • 3F2 3F1G cD R. Jordan oo o S. Shelley 1 J. Martin I co �' iTi D. Settles Z' _ R. Pierce v G. Hopper � � "MH" "MH"I N. Thielemann J. McCarthy c I fiVi L. Pokluda I 1 Li h j 0 C ;�.W. Edwards i _ "SF-20B" _ SURVEY A _ W. Moore' _ 0^ • — • — D. Johnson • 7' J. Jarvies Q "AG" — (1111+ —J— . __ M. Summey I R. Aldinger C. Wilson I I R. Edmondson 1 R_ Smith "AG" J O H N `. R. Smith 1 1 E 2 C 5 "AG" 2 C 7 2 C 17 2 "AG" "AG" v a c "AG" o) (we Spin #16 Representative Dick Johnston c� C C co "AG„ I v4 6 8 I _ ,� ADJACENT OWNERS 7 LORH � _` G 1 AND ZONING r713-14 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 95-09 Revised Review No: Two Date of Review: 3/17/95 Project Name: Concept Plan-Ridgewood I. 18.03 Acres.J.J. Freshour Survey Abst, #521 OWNER/APPLICANT: PIMA Properties,Inc. J.E. Levitt Engineers.Inc. 5215 North O'Connor. Suite 200 726 Commerce Street. Suite 104 Irving.Texas 75035 Southlake. Texas 76092 Phone: (214) 868-9168 Phone: (817)488-3313 Fax: Fax: (817)488-3315 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/27/95 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Provide a graphic and written scale in close proximity to the north arrow. 2. Add "Proposed" to the label for Ridgewood II, the project located to the south. ce, 3. Show the R.O.W. easement for Sutton Lane located to the north of the project site. 4. Provide owner's name and corresponding deed volume and page for the ingress/egress easement located in lot 23, Block 1. If this is a proposed ingress/egress easement staff recommends that it be labeled as a"Common Access Easement" and extended into the cul-de-sac of Bristol Glen. 5. Johnson Road is indicated as a 70' R.O.W. per the Thoroughfare Plan, which requires a minimum R.O.W. dedication of 35' from the centerline of the apparent existing R.O.W.. If the opposite side has already dedicated R.O.W. per the Thoroughfare Plan, this project should show a R.O.W. dedication which provides for the ultimate required 70' R.O.W.. 6. Provide 35'building setback lines along Johnson Road for Lot 1,Block 1,along Yorkshire for Lot 5, Block 1,and Lot 1,Block 2,and along Warrington for Lot 24,Block 2. For corner lots that do not align back-to-back,Zoning Ordinance No. 480 requires building setbacks lines equal to the required front setback for each of the yards adjacent to R.O.W. . Typically a 5' reduction in the required building setback line has been allowed for these types of lots. 7. Staff recommends that the applicant provide a 20' wide park dedication between Lots 5 and 6, Block 2, extending from Knight Court to the north boundary line of the project tract, to allow for continuation of the City Hike&Bike Trail System. 8. Provide a 20'utility easement within the park dedication for water and sewer extensions. 113-5 City of Southlake,Texas * Any water,sewer,and/or drainage easements required should be a minimum of 15'in width and offset into one lot. * Denotes Informational Comment cc: PIMA Properties, Inc. J.E. Levitt Engineers, Inc. (110/ Royal E. Smith, 300 Timber Trails, Southlake,Texas 76092 G:\WPF\REV\95\95-009CP.WPD \w Seth r.r .Imbirr r.ow -- WI • I IRwM• v I IL : MrOra I M• el I• MR• r• 1.00I1TION MP gm t • t# ILL M• . KNIGHT CT. 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OROAMINr MEMO IR« Ma 11 'Si oY•Lr®t —� r u O t w...I.M Ar.WOO ww.Int M a i a .411.�r.•Ni«..««na 1M«K M/I MoraMI1 I.Y HRLSf_L GLEN / wr• _� ' 1 - - 1 • I ura :IR M. - I a..-....... i / r a. -- • .4—I �P.0.8 -alwrww0•aa.a — — — — — — — rI my — — — — �♦n _ ffl a alt JOHNSON ROAD 1.=&•• IMM1 fo COIr�Y PLO RIDGEWOOD I YII w YY2• CNNIDO (mYNNsanar 'Si 80UTHIAKE WM?COUNTY.TECO • TimmIn MeU.1A M,OOoa PA A-601 a.-.'ar'*T PQOOT[aCOa a0 I—. p��y.I ��~w P00OOS=0ONmNi Y-UA wev*L a A.frm woes"r•NR.0••rnaa now 1=1 1.0a-1®.Oa.w s r WY r_I wwal N r. .-nail-. erw..N.MN M.as Ma r.SM.war W M I O ICAO I•ms O 1011 IT TIMUMIT IOW 0 ww er+ •Vr CITY OF SOUTHLAKE, TEXAS\ ORDINANCE NO. 480-165 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 18.03 I ACRES SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, TRACT 7C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" i AGRICULTURAL TO "SF-20A" SINGLE-FAMILY 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 HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; (how PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING AN EFFECTIVE DATE. • WHEREAS,.the City of Southlake, Texas is a home rule ity acting under its Charter • adopted by re pursuant • a 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 G:\ORD\ZONING\480.165 Page 1 944 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, (6..„ G:\O R D\ZONING\480.165 Page 2 v)Q q (lor is herebyaded so that the permitted uses in the hereinafter described areas be altered, changed and ameaii as shown and described below: Bag a 18.03 acre tract of land situated in the J.J. Freshour Survey, Abstract No. 521,Tract 7C, and more fully and completely described in Exhibit "A" attached halo and incorporated herein,from"AG" Agricultural to "SF-20A" Single-Family Raiential District as depicted on the approved Concept Plan attached hereto and inamporated herein as Exhibit"B." Salon 2. That the City Manager is hereby directed to correct the Official Zoning map of the Ciipaf Southlake, Texas,to reflect the herein changes in zoning. Sermon 3. That in all other respects the use of the tract or tracts of land herein above describedidl 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, subsectioasparagraphs,sentences,words,phrases and definitions of said Zoning Ordinance are not amended booby,but remain intact and are hereby ratified,verified, and affirmed. Serion 4. That the zoning regulations and districts as herein established have been made in aoimrdance with the comprehensive plan for the purpose of promoting the health, safety, morals a ithe general welfare of the community. They have been designed,with respect to both Lie present ca itions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen conipstion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid mite concentration of population;and to facilitate the adequate provision of transportation, water, sewage,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 ones and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Secion 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 provisionsof this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable ad that if the validity of the zoning affecting any portion of the tract or tracts of land describedlerein shall be declared to be invalid,the same shall not affect the validity of the zoning of the bale of said tract or tracts of land described herein. Sermon 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 net more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a (tow violation is permitted to exist shall constitute a separate offense. G:\ORD\ZONINGM.165 Page 3 cr, 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 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: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY G:\O R D\ZO N I NG\480.165 Page 4 9B-" (irs, APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (kir (law G:\O RD\ZO N I NG\4 80.165 Page 5 �a-rz EXHIBIT "A" L A tract in the J . J . Freshour Survey Abstract No. 521, located in Tarrant County, and embracing a portion of the (called) 19 acre tract described in the deed to Royal E. Smith, Jr. recorded as Tract 1 in Vol . 4077, Pg. 427 of the Tarrant County Deed Records and described as follows: BEGINNING at a point in the north right-of-way line of Johnson Road, said point being 3167. 5 feet West of and 15 feet North of the Southeast Corner of the said Freshour Survey; THENCE West along the north right-of-way line of Johnson road, 490.9 feet to an ' X ' set in concrete; THENCE North leaving said right-of-way, 168.39 feet to a 5/8 inch iron pin set for corner; THENCE East 163 .7 feet to a 5/8 inch iron pin set in the west line of said Smith tract and also being in the east-line of Vista Trails Addition recorded in Vol . 388-95, Pg. 3, Plat Records, Tarrant County, Texas; THENCE North along the east line of said Vista Trails Addition, (Iire 1069.41 feet to a 1/2 inch iron pin found at the Northwest corner of said Smith tract; THENCE North 89 degrees 14 minutes 21 seconds. East along the north line of Smith tract 655 feet to a 1/2 inch iron pin found for corner; THENCE South 00 degree 00 minute 56 seconds West along the east line of said Smith tract, passing a 1 inch iron pin found at 1, 220 feet, in all 1, 246. 50 feet to the Place of Beginning and containing 18.03 acres. (we G:\ORD\ZON ING\480.165 Page 6 . EXHIBIT "B" 1/ 1 I L ...„,.........., - - 1 1 1 I EL i - I -- I — 1 1 --w M. O • Nr.w ® A r. r• rr a 1941A000 NAP NTT / rTT. •••• f/ \KNIGHT CT. .w. r.a rni. `r ..Iwo.•tea..w.e r•Om D...r.Y..i1..1 r..w..+..mate.%a N.r I .r..r... ( sum •����r YYY(( ' �r r.an.....r + Q Yf. .Y'�rM�..irY:N.. :I....r ttt i t i Taw".”w w 1.. ......... ..i......14 Yod o .MINI 6.i i fi '-- r"w AN.s it w�rr� rr .rw I l - 1 Imo • Li. I I - -i ` .ww 1 YORKSHIRE — YORKSHIRE ' tii L • 'If In Er 01 YR le 1 . 1 IT --. ....'. vR. z I Wm D I DOT i1 8I I ,aLL �. WT. r .r. I . OMS 0 - -Wog ---.MIL_ II .w.�� r f�01L.IQ3 .� o I. rr..r.Yl an..Ti......Y.. r<w / L n M Y... L IA„W vWV...w I.w....wl c —BRISTOL GLEN 1 Y.. rY. D�� I vR w w ` WOE MU -- IfY. 1Y — n' — — — — — JOHN90N ROAD — — — — — �a� 0941:01 run \) :; s-vIX II .. .M AMMON TO TEN art O► MI SOUTHLAK TAWIUR DODMTY.Tt1M Pl••••• la.O.LI.manODL OUIT[T.A-UI • d.IL.L VTTT ITECIONT.—.I.q OnNioNaMINSwan p�..w.... T.TO w•if� rnOrO®LOIUaI O-D0. "OVAL TL w.iT" ram*►"11Y•1.I.TTtO.M0. LOa-.Om.DU.TOLL as YIN MY ON MN f MM.. O•fad. w Me .w.wT...""a.wa..n.w. VI CO.Of[! n rTaT.vur tTw Ordinance No. 480-165 Page 7 City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Ordinance No. 506-A, Amendments to Sign Ordinance No. 506 Draft No. 7 dated 3/21/95 Attached is redline/strikeout draft no. 7 of the amendments to the sign ordinance which uses as a base the recommendation from the planning and zoning commission rather than the original ordinance. The redline and strikeout changes shown are those recommendations from Council, the City Attorney, or changes that staff has noticed due to those recommendations. Also attached is a clean version of the same draft. The clean version includes the appendices which describe methods of measurement. Also attached is a matrix of the regulations in the ordinance. I hope that this aids in the understanding of the format of the ordinance as well as the various regulations. I discussed the ordinance at great length with Wayne Olson, City Attorney. We have made every attempt to eliminate content sensitive language and clarify any inconsistencies in the ordinance. Although it would be the ideal situation to eliminate the differentiation of signs from a legal standpoint, from a practical standpoint the differentiation is required if we desire to maintain the current level of control. Please feel free to contact me if you have any questions. GL/bls G:\ORD\SIGNS\MEMOS\CEH-CC4. 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C C° Y�ai p' y •.° on 'J 00 a 580 a c AI880 fn fA N •- 0. v N- H N �+ M v� r� N r .2' -' CL a y vp o H o to " °' y '8 •� m ;5 m m u°o e°o a 3 m c u eau � vpi .Z 0 in 4A aEi 53 v u a5i u � a�i 00 08o m u eo o m m 4 A a_ a_ E E ( _a ¢ E d ¢ ¢ ¢ d a a tt% z Z z z z Z z �gy f ° CD Or bo m !' o o ��a to E 5 6 et ° a ° a ° eo eb o to r Q U_ Z Q a .,�$ •C �' y C ° r'L a e _ o� o A NCC as u sLIZ w M J( --IF Saaa.LOII2LLS NOIS rivuaNaO LlwuA-1 ONRIIfIb" .LN3NVM:]d F •LIWU:I l ONRIIII65121 Ald"OdW31 ORDINANCE NO. 506-A SIGN ORDINANCE AN ORDINANCE PROVIDING FOR THE COMPREHENSIVE REGULATION OF SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING FOR FINDINGS AND PURPOSES FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES; PROVIDING FOR LIMITATIONS ON THE LOCATION, SETBACK, HEIGHT, SIZE, LIGHTING AND OTHER REGULATION OF SIGNS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. W I ... • ', - , • - uthlake, exas 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 Local Government Code; and WHEREAS, the city council of the City of Southlake fmds that the uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Southlake and will adversely affect the safety and efficiency of the city's transportation network; and WHEREAS, the city council further fmds that scenic resources are distributed throughout the city and have contributed greatly to its economic development by attracting tourists, permanent residents, and new businesses and cultural facilities; and WHEREAS, the city council further finds that unless the location, number, setback lighting and size of signs are regulated, the scattering of such signs throughout the city would be L C:\ORD\SIGNS\DR7_3-21.WPD 1 r y detrimental to the preservation of those scenic resources and so to the economic base of the city; and WHEREAS, the city council has further determined that the proliferation of signs in the city has an adverse affect on adjacent properties; and WHEREAS, the city council has heretofore developed and adopted a comprehensive plan guiding the orderly and proper growth of the city in order to promote the public health, safety, welfare and aesthetics; and WHEREAS, the city council fords that the orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the city; and (410, WHEREAS, the citycouncil further finds that the regulations adopted herein allow for � P a reasonable use of signs by businesses, residences and other properties for advertisement, dissemination of protected speech and other purposes; and WHEREAS, the city council fmds that, in addition to the above findings, the adoption of this ordinance will serve the following purposes: To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; To protect adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; L G:\ORD\SIGNS\DR7_3-21.WPD 11 '7C- (kor To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; To enhance the impression of the City which is conveyed to tourists and visitors by controlling the location, number, and size of signs; To integrate sign regulations more effectively with other regulations by establishing requirements for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight; and (roe WHEREAS, the city council deems it necessary to adopt this ordinance in order to protect the health, safety, and welfare of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The attached regulations are hereby adopted as the Sign Ordinance of the City of Southlake: SECTION 2. 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 L G:\ORD\SIGNS\DR7_3-21.WPD iii r7c such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 506 is hereby repealed. SECTION 3. 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. SECTION 4. firm or corporation who violates, disobeys, omits, neglects Any person, rpy , or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 506 or any other ordinances affecting the regulation of signs 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 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. G:\ORD\SIGNS\DR7_3-21.WPD ivriC (11.- SECTION 6. 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 7. 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 or its penalty in the official Citynewspaper one time within ten days after passage of this caption and pe ty ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. 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 FIRST READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY . L G:\ORD\SIGNS\DR7_3-21.WPD (kir PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney (lbw G:\ORD\SIGNS\DR7_3-21.WPD vi Tf If'S� i�evr,S iAt��e re anc,IUcled (hoe runros3 Thi3 ordinance is enacted to pretcct the health, safety, welfare, convenience, and cnjoymcnt of the general public by providing for uniform otandard3 for the location, Spacing, hcight, Setback, lighting, and other regulation of Signa within the City of Eouthlakc. The purpooc of thi3 Ordinance i3 to. Prc3crvc, protect, and enhance areas of hi3torical, architectural, cultural, ac3thctic, and economic value reg&rdlcss of whether they arc natural or manmade, a __dent_..,,__ .. ne �reteet�aeea�nearb�reper�ies, it-pa��e�tlar: =------------. ------ preperties r tt-tie-i pae of l g ting, oize, height, moveme t , _. a at Sign3, Protect the 3afcty and cfficicncy of the City's tran3portation network by (Nre reducing the confu3ion or distraction to meterists and enhancing the motorist's ability to oee pedc3trian3, ob3tac1c3, other vchicic3, and traffic 3igna; Enhance the imprc3sion of the City which i3 conveyed to touri3ta and vi3itor3 by controlling the location, number, and size of sign3, Integrate Sign regulations more effectively with other rcgulation3 by establ sh g— eq i ements ems se backs, heig , • lighting, ventilation, and preservation of views in ainanner consistent with land uoc3 in the variou3 zoning di3trict3, and To preserve and enhance the appearance of the City and the public interc3t in acsthctic3, and to control and reduce visual cluttcr and blight. L G:\ORD\SIGNS\DR7_3-21.WPD 1X (I c I 16 (111we SIGN ORDINANCE TABLE OF CONTENTS ARTICLE I - IN GENERAL 1 SEC. 1 DEFINITIONS 1 A. GENERAL 1 ARTICLE II - ADMINISTRATION 4 SEC. 2 RESPONSIBILITY FOR ENFORCEMENT 4 SEC. 3 SIGN PERMIT REQUIRED 5 SEC. 4 APPLICATION FOR SIGN PERMIT 5 SEC. 5 FEES 5 SEC. 6 CONDITIONAL SIGN PERMIT 5 SEC. 7 REVOCATION OF PERMITS 6 SEC. 8 INSPECTION 6 SEC. 9 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS . . . 6 (iMe SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT 6 SEC. 11 REMOVAL OF SIGNS 6 A. OBSOLETE SIGNS 6 B. UNSAFE, DILAPIDATED OR DETERIORATED SIGNS. 7 • C. SIGNS ON UTILITY POLES 7 D. SIGNS IN RIGHT-OF-WAYS 7 E. EXTENT OF SIGN REMOVAL 7 SEC. 12 FILING OF LIENS AGAINST PROPERTY 7 ARTICLE III - APPEALS AND VARIANCES 8 SEC. 13 APPEALS 8 SEC. 14 VARIANCES 8 ARTICLE IV - GENERAL SIGN PROVISIONS 8 SEC. 15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS 8 SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS . . 8 A. ATTACHED SIGN 8 B. MONUMENT SIGN 9 C. FREESTANDING SIGN 10 • (kw/ D. GROUND SIGN 11 C:\ORD\SIGNS\DR7_3-21.WPD vi i ^ -11 SEC. 17 PROHIBITED SIGNS 11 A. GENERAL 11 IINwe B. OBSCENE SIGNS 11 C. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES 11 D. OBSTRUCTING VISION/SIGHT TRIANGLE 11 E. INTERFERENCE WITH TRAFFIC 11 F. PORTABLE SIGNS 12 G. CERTAIN ILLUMINATED SIGNS PROHIBITED 12 H. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY 12 I. ROOF SIGNS PROHIBITED 13 ARTICLE V - SPECIFIC SIGN REGULATIONS 13 SEC. 18 SPECIFIC SIGN REGULATIONS 13 SEC. 19 SPECIFIC REGULATIONS APPLICABLE TO ON-SITE SIGNS REQUIRING PERMIT . 13 A. BUSINESS SIGN 13 B. READERBOARD SIGN 13 C. MENUBOARD SIGN 13 D. SUBDIVISION SIGN 13 SEC. 20 TEMPORARY SIGNS REQUIRING PERMIT 14 A. BANNERS, PENNANTS, AND STREAMERS 14 B. BALLOONS AND OTHER FLOATING DEVICES 14 C. MODEL HOME SIGNS 15 D. SPECIAL PURPOSE SIGNS 15 Lie E. SEARCH LIGHTS 15 F. CONSTRUCTION SIGNS 15 G. DEVELOPMENT SIGNS 16 SEC. 21 TEMPORARY SIGNS EXEMPT FROM PERMIT 16 A. SUBDIVISION MARKETING SIGNS 16 B. TRADESMAN SIGNS 17 C. REAL ESTATE SIGNS 17 D. WINDOW SIGNS 17 E. GARAGE/YARD SALE SIGNS 17 SEC. 22 SPECIFIC REGULATIONS APPLICABLE TO OFF-SITE SIGNS REQUIRING PERMIT 17 A. OFF-SITE DEVELOPMENT SIGNS 17 ARTICLE VI - EXEMPTIONS AND SPECIAL CONDITIONS 18 SEC. 23 EXEMPT SIGNS 18 SEC. 24 NONCONFORMING EXISTING SIGNS 18 SEC. 25 SIGN COPY 19 SEC. 26 APPENDICES 19 L C:\ORD\SIGNS\DR7_3-21.WPD vi i i r1C'1)* (kwe ARTICLE I - IN GENERAL SEC. 1 DEFINITIONS A. GENERAL .�y.4 7 To change the size, shape or outline, intcnt, or type of si 1. ,°�4 t,J- X, 7 ,. • st't�t 2 � ez+i-k�" r s s€ Z_r "a �i oe�" s a 5g�ti,pro}-,.`. 'ec 4te BUILDING: A structure which has a roof supported by walls for the shelter, support, or enclosure of persons, animals, or chattel. BUILDING OFFICIAL: The Building Official of the City of Southlake, Texas, or his designee. COMMENCEMENT OF WORD: For construction of a sign shall be the point in time when the sign has been delivered to the site Ain attachment to a building has begun or holes are excavated for ground installation. DILAPIDATED OR DETERIORATED CONDITION: Any sign which in the opinion of the building official has anndf the following characteristics: (a) Where elements of the surface or background can be seen, as viewed from the normal viewing distance, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or (kor (b) Where the structural support or frame members are visibly bent, broken, dented, or torn; or (c) Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an un- sightly or harmful condition; or (d) Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support) ; or (e) Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or • T€)'�i e e t�3e sign a ns elements ai�e net in eemplianee e DISTANCE : Distance of signs from R.O.W. shall mean the shortest horizontal distance from the '_ > R.O.W. to a vertical line to the ground from the nearest element of e sign or distance in a straight line between 5z signs. ERECT: To build, construct, attach, hang, place, suspend or affix = h°'s 7—and shall also include the painting of signs on the exterior surface f a building or structure. FACADE: Any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are to be considered as part of a single facade. C:\ORD\SIGNS\DR7_3-21.WPD 1 rIA �I� (how GROSS SURFACE AREA OR AREA OF A SIGN: The area of the smallest rectangle which includes the extreme limits of the sign, excluding the supporting structure for the sign. Methods of area measurement shall be in accordance with Appendix 'A' . HEIGHT: As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign (see Appendix 'A' for clarification) . ILLUMINATION: The enhancement of a sign utilizing electric lights, luminous tubes or other similar means. LEASE SPACE: An area of a building separated internally and intended for use by an individual tenant. LOGO: Any design or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company, or product. OBSOLETE: Any sign which no longcr 3crvc3 a bona fidc u3c or purpoic '_ sus 3.upinessWilselogirl, PAD SITE: A tract, lot, or land lease intended for the single use of a freestanding building typically adjacent to street R.O.W. and may also be a portion of a tract or lot. SETBACK: The distance from the closest portion, whether the support or edge of the sign, to the right-of-way. (hoe SIGHT TRIANGLE: There shall be two different sight triangles as depicted in the Subdivision Ordinance. One shall be for public and/or private street intersections and the other for the intersection of private non- single family driveways with public or private streets. SIGN: Every sign, name, number, identification, description, and announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, v U,c 44p14A .«sf:g beacon, light or insignia, and structure suppor ing any of tie' ` ame, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, project, service, place, activity, person, institution, organization, or business. SIGN, ATTACHED: Any sign attached to, applied on, or supported by any part of a building (including canopy facia, walls and awnings) which encloses or covers usable space. SIGN. BANNER: A temporary fla• , cloth flexible last' or ca a materi cmporarily. SIGN. BUSINESS: A permanent on-site sign that is used to identify a business, profession, organization, institution, service, product, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. SIGN. CONSTRUCTION: A temporary on-site sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator, (kme or mortgagee engaged in the construction or improvement of the site on which the sign is located. G:\ORD\SIGNS\DR7_3-21.WPD 2 9 A J) (kWe "4:1.°?.ra *wig\ • . gel 3mpa m/Si aa?o za�t e1!: ezYd' - n` 000 ° 7@ 0°. < „° .« y °-)11 1?1 t8A � R [ & 4 4�� � .,. d:1�. � �C� E C:r�. `x„ _'c"i`C'^-r k ^`c Fc ✓" `vYc is Le b- /�''� . SIGN, DIRECTIONAL: A permanent on-site sign intended to aid in vehicular movement on the site. It may contain a logo but no othcr advcrtising. a Y3 e mta S • ` C m m • Yle m e € .._ P.114 Il9 - SIGN. FREESTANDING: Any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. SIGN, GARAGE/YARD SALE: A temporary sign intended to advertise garage sales or yard sales. .°wa,"' SIGN. GROUND: Any temporary sign erected on vertical framework and used primarily for real estate sales, political, and Subdivision Marketing signs. Coe SIGN, MENUBOARD: A sign which displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. SIGN, MODEL HOME: A temporary real estate sign identifying a homebuilders model home open for inspection. SIGN. MONUMENT: Any sign which is connected to the ground and which has no clear space for the full width of the sign between the bottom of the sign and the surface of the ground. OBCOLTiTE. Any Sign advertising a business that has bccn closed for a period of sixty (GO) dayo or more. SIGN, OFF-SITE: A sign which directs attention to a business, commodity, service, good, product, or entertainment not related to the site upon which such sign is located or to which it is affixed. SIGN. ON-SITE: Any sign, the content of which relates to the site on which it is located, referring exclusively to businesses, commodities, services, products, goods, or entertainment on the site , or the sale, lease, or construction of those sites . SIGN, POLITICAL: A type of off-site sign which refers only to the candidates or issues involved in a political election. Only tho3c oigno which addreoo candidate3 and issuc3 within the City of Couthlakc arc permitted. SIGN, PORTABLE: Any sign which is not attached or affixed to the ground, a building, vehicle, or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids, and similar (re mobile structures. G:\ORD\SIGNS\DR7_3-21.WPD 3 IC-15 (kre SIGN, READERBOARD (electronic) : A q' t t utilizes alternating lectronic data control com oven sl� ig tie;�epea =e � SIGN, READERBOARD (manual) : A sign comprised of non-permanent letters, numerals or symbols, which allows a change of sign copy by adding, removing or rearranging said letters, symbols or numerals. SIGN, REAL ESTATE: A `=s ew = ; sign intended to advertise real estate •' SIGN SPECIAL PURPOSE: A temporary sign % . e q4 .'co ': r r .o - s �w;� that is eit er� on-si a or o -"site lza provi.es lien ifica ion or information pertaining to a special event or occurrenceM excluding garage or yard sales, but under no circumstance shall be associated with real estate advcrti3ing. CICN, CUBDIVISION a. Development Sign. A temporary saga providing identification or information pertaining to a residential or commercial development. The sign shall be limited to the identification of thc subdivision only and not thc builders. b. Directory sign. A temporary on site sign providing direction to or identifying the buildings in the subdivision. subdivision and located on 3i1c . SIGN, SUBDIVISION MARKETING: A temporary sign used to market or advertise residential subdivisions and builders and direct interested persons to the subdivision location. SIGN, TEMPORARY: Any sign, banner, pennant, valance of advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, and any type sign not permanently attached to the ground, wall, or building, intended to be displayed for a short period of time only. SIGN, TRADESMAN: A temporary on-site sign identifying the contractor performing a construction trade on the site. SIGN, VEHICULAR: Any sign which is affixed to a vehicle. SIGN. WINDOW: Any sign, banner, poster, or display located on the internal and/or external surface of the window or is 1. - ed within two feet (2' ) of the window, of an establishment. 'g"m^- - the opening of said establishment. SITE: A lot, tract or pad site. ARTICLE II - ADMINISTRATION SEC. 2 RESPONSIBILITY FOR ENFORCEMENT It is the responsibility of the Building Official to interpret, administer and enforce the requirements of this ordinance. (me G:\ORD\SIGNS\DR7_3-21.WPD 4 SEC. 3 SIGN PERMIT REOUIRED No person shall erect ®7 �� any sign nor shall any person allow the erectio or •isplay of any sign upon p roperty " 1. 777.,.wne• or con ro ed by him without first obtaining' a permit o so so om the City of Southlake exc as hereinafter _provided. , t a -t-33e-o gi al e= -- ------` of a sir-acc panel. SEC. 4 APPLICATION FOR SIGN PERMIT Application for a permit shall be made as required by this ordinance and the following information shall be submitted as separate documents: a. Application form shall be completed. b. General plan that illustrates: - Location of the building, structure, or tract to which or upon which the sign is to be attached or erected. - Position of the sign in relation to right-of-ways, easements, buildings, structures, existing signs, etc. c. Sign drawing that illustrates height, length, width, and all other dimensions associated with the sign. d. Letter from owner of the property stating that the applicant has permission to erect such signs. SEC. 5 FEE All fees for signs p'ep ' - ": shall be in accordance with the current fee schedule adopted by the i y Council. SEC. 6 CONDITIONAL SIGN PERMIT A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional sign permit approved by the City Council. . The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional use permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. B. APPLICATION: An application for a conditional sign permit shall be submitted to the Building Official and shall include all documents as required by Section 4 A of this ordinance. Additionally, the applicant shall submit construction plans drawn by a registered professional engineer or architect in the State of Texas and also provide renderings of the particular sign types, facades, materials, compositions, dimensions, lighting, and colors. C. FEES: Fees for conditional sign permits shall be determined in accordance with the adopted Uniform Administrative Code utilizing Table No. 3-A. L C:\ORD\SIGNS\DR7_3-21.WPD 5 1C A SEC. 7 REVOCATION OF PERMITS The Building Official may suspend or revoke any permit issued under the provisions of this ordinance whenever it is determined that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit be i% issued in violation of any of the provisions of this ordinance or any o"her ordinance of this City or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign, or the owner of the site upon which the sign is located. Upon such revocation, all construction related to the revoked permit shall cease. A person may appeal the revocation of the sign permit to the City Council by filing an appeal in accordance with this ordinance. The decision of bhe City Council shall be thereafter dccmcd a3 approved, reversed, or modified, TRW ir4 4 ppAnstonref.catkimp and such decision shall be final. Upon final determination that the permit is properly revoked, any portion of the sign in place as a result of the permit shall be removed within 10 days by the owner of the sign or the owner of the site on which the sign is located. Failure to remove the sign shall be deemed a violation of this ordinance. SEC. 8 INSPECTION The Building Official shall periodically inspect each sign regulated by this ordinance for the purpose of ascertaining whether the same is obsolete and whether. it is in need of removal or repair. SEC. 9 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS If the work authorized by a permit issued under this ordinance has not been commenced within one hundred eighty (180) days after the date of issuance, the permit shall become null and void. SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT A. INVESTIGATION. Whenever any work for which a permit is required by this ordinance has been commenced or completed without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. B. FEE. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this ordinance. SEC. 11 REMOVAL OF SIGNS A. OBSOLETE SIGNS. Any sign which the Building Official determines to be obsolete , shall be removed by the p' tam s aT s e ... - owner, agen ,„ or perzon caving c benc is al u3c of""t"c ah4, ' Ingo, or 3tructurc upen wh eb such sign i3 located, within ten (10) days after g" written notification to do so from the Building Official. Upon fai ure to comply with such notice or to file an appeal of the decision in accordance with this ordinance, the Building Official is hereby authorized to cause the remov - �yh� si•n, and an e sense incident ther-t• shall b- • t R e • `�t�+i."Y .e`F ? ,;. ..r,• arAtiV�,.. aai ki.v "6 T (... . - - - - - - - - _ - - _ - - _ - C:\ORD\SIGNS\DR7_3-21.WPD 6 A f( Cie B. UNSAFE DILAPIDATED OR DETERIORATED SIGNS. If the Building Official determines that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written notice to remove or replace (in accordance with this ordinance) said sign to the •erson or persons es•onsible for u h si•n If th p` ` • G a �• ` �,", r _ - ails to remove or repair the sign within t`en (10T says a er suc notice or to file an appeal of the decision in accordance with this ordinance, the Building Official is hereby authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign osrt ?' ';. S '""""""""' which is determined by the Building Official to be an immediate rea or danger to the public health, safety, or welfare. Any expense incident to the removal of a si ursuant to this aragraph shall b aid b th p which ae signor po on o e' er e Otte r eliminates;g re� e chea er C. SIGNS ON UTILITY POLES. It shall be prohibited to attach any sign to a utility pole located upon any public right-of-way or utilit easement •d • si.n o •laced may be ren• -• b Cit personne ��� ®• ae '� I s a •e c arge• a sign recovery ee in accordance wi h t e city fee schedule to recover such sign from the City unless thed-Wrillo horde?lA owner satisfactorily establishes that such sign was not p a e• in t e right-of-way by the owner of such sign or by any authorized agent, representative, or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon (me expiration o uch time ma be disposed of. The City is not required to notify the t • `ergo ,00wner of the sign that it has been picked up or that disposa o e sign is imminent. D. SIGNS IN RIGHTS-OF-WAYS.. Any sign that is erected, constructed or otherwise located within or upon public right-of-way may be removed by City Personnel and the pi - +VIVA,, :• owner of such sign shall be charged a sign recovery fee in' with the city fee schedule to recover such sign from the City. No such fee shall be charged if the d gp owner satisfactorily establishes that such sign was not place. in a right-of-way by the owner of such sign or by any authorized agent, represents ive or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy- two (72) hours and upon•expiration of such time may be disposed of. The City is not required to notify the "- s c owner of the sign that it has been picked up or that disposa !. ®o .`. sign is imminent. E. EXTENT OF SIGN REMOVAL: The Building Official shall determine to what extent the elements of the sign must be removed to comply with this section. This may include any of the following, but is not limited to the following: a. SIGN COPY: Removal of the text or copy portion of the sign. b. •SIGN BOX: Removal of the portion of the sign excluding the structural support of the sign. c. ENTIRE SIGN: Removal of all structural elements of the sign. SEC. 12 ULING OF LIENS AGAIN PROPERTY Fa t e te—pay any—expenses under Ccction 11 may rcoult in the City filing a licn against the property to €ac ilitate €uture seeove -of these- ea "" b file.fivlel-afatonmwpltrfe roperpmyikTich4imprizt,rgthe ex e V 6 C:\ORD\SIGNS\DR7_3-21.WPD 7 fl A -ii (11111se �q° bc� -�oa5a 8' .:•tp i .ry' z v .,. � ? � �� �.��yy � �f . i "3 1$�kp iCa4W.s a §. a ': $.. i wf_., .¢�`i6 Y� t' ti a$. .� ��>'�. ue ARTICLE III - APPEALS AND VARIANCES SEC. 13 APPEALS Any decision rendered by the Building Official off lmsslitiatroq may be appealed to the City Council by any person, agent, or representative affected by such decision. Such appeal must be received within t-n (10) • s after th- rcccipt phacement of a -- - letter in th- mail "` ® -°"i 'o',`�r t ,x�-CZC�]: 5 • h ` _ 1G �., a�,f..4 0'." #" .'._ �.�... • r ors, a •i our1 � c ecoas is sta es' 'he` writ en' •ecisiori w is has •een ren.ere• •y he :u sing Official. Such appeal shall be filed in writing with the Building Official specifying the grounds on which the appeal is based. The Building Official shall forthwith transmit to the City Council all documents pertaining to the appealed action. The City Council shall hear the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the Building Official was in accordance with all ordinances and regulations. The decision of the City Council shall be final. SEC. 14 VARIANCES The City Council may authorize variances to any requirements regarding number of signs, area, height, setback, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will (ime create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing tkip caid request with the Building Official. Any request for variance s1ia11 be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. ARTICLE IV - GENERAL SIGN PROVISIONS SEC. 15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code. The sign permit application must include a statement signed by the applicant which states compliance with this requirement. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable t• -11 attach-d . si• • which are al • -d under this ordinan e S' rF<.,+ 6 - P ®y3 d '®. =Y9Q ^4 =s. �rCPa- a a &AU�� om, C:\ORD\SIGNS\DR7_3-21.WPD 8 9C—a 0 s�„1 ffipc e8 a rrfr s�E _' �f.§' a si. Crdbe atliz i.2 �s, e'er & 7" ��a4 , ._.gc '.t �..m -,a�& x!u 2. MAXIMUM LETTER/LOGO HEIGHT: The maximum height allowed for letters or logos shall be based on the following criteria: v a Distance From R.O.W. Maximum Letter/Logo Height --4 Less than 50 ft. 24 inches 51 - 100 ft. 30 inches "Th 101 - 150 ft. 36 inches 151 - 200 ft. 42 inches 201 - 250 ft. 48 inches 251 - 300 ft. 54 inches 301 and greater 60 inches 3. MAXIMUM AREA: 1.5 square feet for every one foot of width of building or lease space not to exceed 400 square feet - see Appendix 'A' for further clarification. i ® !a`a # �.wee at'` -b y am ' t c,t - `"€... `a va ate• a g , . SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (75t) of the width of any building or lease space (see Appendix 'B' for further clarification) .(kw &. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. 67. ILLUMINATION: Attached signs may e0 4 be illuminated only utilizing' cis# I,a • a c � s'' fa•as Y o • internal lighting. � �""` � «la. " 'f 48. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building excluding signs attached to canopies. 8= '. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade other than the main front of the building which faces property zoned for rcaidcntial single-family ',r '' - '. uses amel gg the sign is within one hundred fifty feet $ o he proper y line of said residential tree =1. B. MONUMENT SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all monument signs which are allowed under this ordinance �'1 N allowed on any cite unlcsa otherwise =r- `-'-"" ordinance. 21-0 2. MAXIMUM HEIGHT Six (6) feet, including 1.0®tng monument base, 4 T° o .,' ,.� Q k.., d measure• rom group• eve a e cen e aar� she it "er o e base- e� te� ti� df ,:.wax 5 3. MAXIMUM AREA: One hundred fifty (150) o .. : square (Nowe feet per sign with a maximum area per sign fa " ,ce oF ocvc y�five (75) q dyy94 square feet. The sign may have no more than two sec`s aan cy must be constructed parallel to such other and no C:\ORD\SIGNS\DR7_3-21.WPD 9 _ t C-�[1 (Noe more than eighteen . '•t inches (30") of Separation between the faces of the sign ss� a " �'W: ( (A M 'a F# W ® as au:.:... 6 7' vff` Aa f•6 .y y.. '42ii . MINIMUM SETBACK: Fifteen (15) feet from any property line. .5 . MATERIAL REQUIREMENTS: All monument sign bases must be made be go ag of the same masonry material as the front building facade on We same site or ha'l�: stone or brick. suw 67. ILLUMINATION: Monument signs may onqx be illuminated only utilizing internal lighting, or a lighting source where the light itself and supporting structure is not visible from public R.O.W. C. FREESTANDING SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all freestanding signs which are allowed under this ordinance. 2. LOCATIONS WHERE ALLOWED: Freestanding signs shall be located in accordance with the following limitations p ith= - d ig any 1 odt : a. State Highway 114 Frontage: Freestanding signs shall be (lime allowed on sites having frontage on S.H. 114 or fronting on a grade separated intersecting street and within two hundred feet (200' ) of the ultimate R.O.W. for S.H. 114,- 3 however, saw no freesstand±ig signs shall be located a minimum of v =• 'n-two`°hundre"c"feet (200' ) 4 d. apart. No freestanding sign sha e a owe c oser an one hundred feet (100' ) to an intersecting R.O.W. and the allocation of said signs shall be on a first come, first serve basis. Sites meeting the criteria of section (b. ) below may have a freestanding sign even if the spacing limitation would otherwise disallow the sign. b. All Other Sites: • (,. freestanding sign shall be allowed on any site which is - 'eater than seven (7) acres in size, includes ten (10) or more contiguous but separate lessees and is developed as a comprehensive development. 3. MAXIMUM HEIGHT: Maximum height for the sign shall be twenty (20) feet• ��y'1E'; �E' 1a—a,, au"'"'" `/.3 �aa.:.�„ „ ;4.71r,1., z ..,,®® ,a`9AQ- f....;;'. .,•. 4. MAXIMUM AREA: Maximum area for the sign shall be two hundred (200) square feet with a maximum of one hundred (100) square feet per face of sign. The sign may have only two faces and they must be constructed parallel to each other and no more than thirty six inches (30") of separation between the faces of the sign. NUMER Only;;PlIrStCPiVI dhall b a.1 owecl4peFLMal4s wed%s to M 1: SETBACK: The sign Shall be setback a minimum of E€ifteen (1 ) feet from any property line. (NW 6 . MATERIAL REQUIREMENTS The support structure for the sign shall be d 4Vl= d shaaUbe constructed or covered with materials which match`'tEe masonry portion of the principal building on the site or C:\ORD\SIGNS\DR7_3-21.WPD 10 {A 3). ..e L, shall be stone or brick. No single pole freestanding signs shall be allowed. 4.11 . ILLUMINATION: Freestanding signs may :q+ be illuminated only utilizing internal lighting. No lighting source external to the sign may be exposed. ffi << � a m s ��n gx a °a s , `- 8- . RESIDENTIAL ADJACENCY: No freestanding sign shall be allowed within one hundred fifty feet (150' ) of any property zoned for single- family residential uses. D. GROUND SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all ground signs. 42. LOCATION LIMITATIONS: No signs shall be placed within public right- of-way. Q-3. MAXIMUM HEIGHT: Four feet (4' ) 3 . MAXIMUM AREA: Twelve (12) square feet with a maximum of. six (6) square feet per sign face. C5:: ,F1109- 6 t-r-M SEC. 17 PROHIBITED SIGNS A. GENERAL L, Any sign, er-structure which eeuxld be , which is no specifically - In ,�:h 3 as� 4,� ,x •�ray:.. s ,.,� .;-F.�,i�i� - „emu- - io hereby be proi•i e• . B. OBSCENE SIGNS No person shall erect or allow to be displayed upon site owned or controlled by him a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. C. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES No person shall erect or allow to be displayed on art.. site owned or controlled by said peraon a sign which prevents free ingress to or egress from any door, window, or fire escape. D. OBSTRUCTING VISION/SIGHT TRIANGLE It Shall be unlawful to erect, relocate, or maintain `= anysignin such a manner as to obs rue ree an �> clear vision a ny ocation, street, intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a sight triangle as provided for in Sect3 - 1, "Definitions. " E. INTERFERENCE WITH TRAFFIC No person shall erect or allow be displayed ei any sign which interferes with vehicular or pedestrian traffic as a result of the L, position, size, shape, movement, color, fashion, manner, or intensity of illumination or any other characteristics causing such interference. Nor shall any person erect or allow to be displayed any sign in such a manner C:\ORD\SIGNS\DR7_3-21.WPD 11 IC-A3 as to interfere with, obstruct the view of, or be confused with any (be 4> authorized traffic sign, signal, or device, including, without limitation, �, signs making use of the words "stop, " "go, " "look, " "slow, " "danger, " or �' any other similar word, phrase, symbol or character, or employ any red, ' yellow, green, or other colored lamp or light in such a manner as to cause ��. \b confusion or otherwise interfere with vehicular or pedestrian traffic. 05'` 1'. CICNC ATTACHED TO OR CUCPENDED PROPI POLEC Je' �a , such person any items such as goods, wares, merchandise, or other advertising objects or material which arc suspended from any light fixture, pole or structure, for the purpose of advertising such items, except as-allowed pursuant to the C. PAINTINC, MARKINC, ETC. or CTREETC, C IDEWALKC, UTILITY POLEC, ETC. No person shall attach any sign, paper, or other material, or paint, stencil, or write any name, number (except address numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, fcncc, or structure except as otherwise allowed by this ordinance. H. ATTACIIINO ADVERTICINC MATTER TO FENCEC, UTILITY POLEC, CTREET CICNC. ETC. No person shall place, stick, tack, nail, or otherwise place any advertisement, sign, handbill, placard, or printed or written matter or ______--) thing for political advertisement or other advertising purposes upon any fcncc, railing, sidewalk, public telephone pole, electric or other utility pole or any other public property, including trees thereon;; or to knowingly cause or to commit p crrtiik same to be done for his benefit. . PORTABLE SIGNS ` (Me No person shall erect or allow to be displayed any portable sign; except, however, that upon a majority vote by the City Council, a conditional use permit may be issued to any non-profit organization for an on-site portable sign. Permits shall be issued for one thirty (30) day period with at least ninety (90) days separation between permits. 30. CERTAIN ILLUMINATED SIGNS 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare e€ "- brightness to a degree that it constitutes a hazard or nuisance' to traffic. Moving, flashing, intermittent lighted, changing color, revolving, or similarly constructed signs shall not be allowed. It is further provided that a sign which uses illumination to provide time of day and/or temperature only shall not constitute a flashing sign. 2. No lighted sign shall be erected or displayed within one-hundred fifty (150) feet of a '' , ,, ' residentially zoned neighberheed pros,.-AV unless the ig " ing is shielded from view of the resi•entially zoned district prpe y and indirect light does not exceed 1/2 lumen measured from any property line of the residentially zoned district prpgrty. 9 H. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY It shall be • •hibited to -rect or allow to be displayed any type of sign on or over E"* F X 11V of-w Re or ether;•ublic property, unless the same be erec e• •y the "City, oyb` y, State or other authorized governmental agency, or with the permission of the City, for public purposes. • Le C:\ORD\SIGNS\DR7_3-21.WPD 12 1 e.-�I (kW . ROOF SIGNS PROHIBITED Any sign erected on a vertical framework supported by and .located immediately and entirely over the roof of a building is prohibited. The painting or otherwise affixing of signs on a roof is prohibited. ARTICLE V - SPECIFIC SIGN REGULATIONS S. f TA SPECI1 I _,. *RE` TIONS a- •,, P>'S: 6 s :.® , ' �Y ako+.: a n:' asb •- �".«' e a o • e • s a a . e c r r a a e o ci a ca Qx� , e ® ��r • •a''m a E SEC. 19 SPECIFIC REGULATIONS APPLICABLE TO ON-SITE SIGNS REQUIRING PERMIT Unless otherwise specifically provided, the regulations set forth in this article shall be applicable to all of the following signs. A. BUSINESS SIGN 1. PERMITTED SIGN STRUCTURE: Attached, freestanding ai1d Jo monument 2. MODIFICATIONS TO GENERAL REGULATIONS: None B. READERBOARD SIGN (NW 1. PERMITTED SIGN STRUCTURE: Freestanding or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. GENERAL: Readerboard signs (manual or electronic) may only be approved as a conditional sign permit by the City Council. b. MAXIMUM AREA: Cannot exceed two-thirds (2/3) of the gross surface area per face of the sign. c. Manual readerboard signs using alphabetical lettering must have a lockable covering over the area of to#1,34e: ANOgi of easy access by vandals. d. Scrolling Disallowed. Electronic readcrboard signs shall not be allowed to utilize a acrolling message. (F. MENUBOARD SIGN 1. PERMITTED SIGN STRUCTURE: Freestanding, monument attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Six feet (6' ) from tr. r. groun Sign. b. MAXIMUM AREA: Twenty four (24) square feet. Only one face will be allowed per sign. c. MAXIMUM NUMBER OF SIGNS: No more than two (2) signs per site. d. LOCATION LIMITATIONS: All menuboard signs must be located at the side or rear of the principal building. DG. SUBDIVISION SIGNS 1. ENTRY SIGN Ca. PERMITTED SIGN STRUCTURE: Monument, a1d/� attached b. MODIFICATIONS TO GENERAL REGULATIONS 1. MAXIMUM HEIGHT: Cix (6) feet for monument, Aettached C:\ORD\SIGNS\DR7_3-21.WPD 13 L (111/ smaller balloons d. DURATION: Maximum -& '> thirty (30) days/three Imes a ca en.ar year with a minimum sixty (60) day separation between permits Tq 0 Nam" C. MODEL HOME SIGNS 1. PERMITTED SIGN STRUCTURE: Monument, freestanding, gneforound 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Six (6) feet b. MAXIMUM AREA: y square ee p _ c. MINIMUM SETBACK: Fifteen (15) feet from any property line d. MAXIMUM NUMBER OF SIGNS: One (1) sign per builder per subdivision e ;strovapratapx0,, D. SPECIAL PURPOSE SIGNS 1. PERMITTED SIGN STRUCTURE: Attached afld="•r freestanding 2. MODIFICATIONS TO GENERAL REGULATIONS: a MAXIMUM AREA: reld5F - m of- ay 50) square ee p f 0 b. MAXIMUM NUMBER OF SIGNS: Four .(4) total per , _ " • c. PLACEMENT TIME: May be placed ttiir y ays a ore the event or occasion commences but must be removed within three (3) days after termination thereof. No more than twice a year. E. SEARCH LIGHTS 1. PERMITTED SIGN STRUCTURE: Freestanding 2. MODIFICATIONS TO GENERAL REGULATIONS: 4. •. Nod pia" �cabl+e ba. M�I �. OF SIGNS: Two (2) per site . DURATION: Seven (7) days, twice a calendar year with a sixty (60) day separation between permits. E N` L�: F. CONSTRUCTION SIGNS(kre 1. PERMITTED SIGN STRUCTURE: Freestanding, monument, a] `;" round 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER C:\ORD\SIGNS\DR7_3-21.WPD 15 �-�� ! r OF SIGNS: One (1) per oitc F a b. DURATION: Sign may be instal `ed at any ime a er e issuance of the building permit for a commercial development or approval of the developers agreement for a residential subdivision. The sign must be removed upon the issuance of a certificate of occupancy for a commercial development and upon the issuance of a C.O. on ninety percent (90%) of the lots within the subdivision for a residential subdivision. 041 MATERIAL REQMTS ' N.PaPP1.154 ADTA`C CY - Not app3. .cable eb; Ip� A S' WHERE- .,_ >�P � � �, AtOF SD Ndtvappi .cablt G. DEVELOPMENT SIGNS 1. PERMITTED SIGN STRUCTURE: Freestanding, monument, aT�d/=car ground 2. MODIFICATIONS TO GENERAL REGULATIONS: ` a. MAXIMUM NUMBER OF SIGNS: One (1) ppr =t µ ', d'nt4gE_ er site b. DURATION: Sign may``"be insEaTie ate any time after the issuance of the building permit for a commercial development or approval of the developers agreement for a residential subdivision. The sign must be removed upon the issuance of a certificate of occupancy for a commercial development and upon the thire issuance of a C.O. on ninety percent (90%) of the lots within the subdivision for a residential subdivision. TE, a Dote;4ppl. , ks-- NitiViMp SEC. Q-621 TEMPORARY SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: A. SUBDIVISION MARKETING SIGNS 1. PERMITTED SIGN STRUCTURE: aground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: A maximum of three signs advertising the same item per grouping of signs (see Appendix 'B' • w') b. LOCATION OF SIGNS: No sign` may be placed closer than fifty feet (50' ) from an intersecting R.O.W. Signs advertising the same item may be no closer than ten feet (10' ) apart c. PLACEMENT TIME: 12:00 noon Friday to 12:00 noon Monday L C:\ORD\SIGNS\DR7_3-21.WPD 16 q A -AS ! k • RJ) . °4j) (lior 13. POLITICAL CICNG Se 1. PERMITTED CICN CTRUCTURE: Cround 2. MODIFICATIONC TO CENERAL RECULATIONC: a. MAXIMUM NUMBER OP CICNG: unlimited b. PLACEMENT TIME: may be placcd forty five (45) days before an cicction, but shall be removed within three (3) days after such cicction. GB. TRADESMAN SIGNS 1. PERMITTED SIGN STRUCTURE: Gground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. DURATION: Signs may only be placed after issuance of a building permit and must be removed upon completion of the construction trade advertised. Dr=7. REAL ESTATE SIGNS 1. PERMITTED SIGN STRUCTURE: Ggr.und, freestanding, monument nd '4r attached 2. MODIFICATIONS TO GENERAL REG 'NS: a. MAXIMUM HEIGHT: " seir feet for ground; below roo ine for attached b. MAXIMUM AREA: Fifty (50) square feet (me c. MAXIMUM NUMBER OF SIGNS: One (1) sign for every five (5) acres BD. WINDOW SIGNS' Window signs are permitted, provided such signage does not obscure more than fifty percent (505k) of the total window area and may not include exposed gas tubes within two feet (2' ) of window glass N wed :4!..r las - v — -^ a $ac a a -1^1 a `e K``..��s c e- �&` 3+.01,'s3 _ . GARAGE/YARD SALE SIGNS 1. PERMITTED SIGN STRUCTURE: ;ground 2. MODIFICATIONS TO GENERAL REGULATIONS a. MAXIMUM NUMBER OF SIGNS: Four (4) per sale b. PLACEMENT TIME: 12:00 Noon Friday to 12:0.0 Noon Monday by g 1. C. GOVERNMENTAL CICNG Covcrnmcntal Signs within public R.A.W. when placed by the appropriate ,,. SEC. 4.1. aSPECIFIC REGULATIONS APPLICABLE TO OFF-SITE SIGNS REOUIRING PERMIT A. OFF-SITE DEVELOPMENT SIGNS 1. PERMITTED SIGN STRUCTURE: g4reestanding monument = <.t 2. MODIFICATIONS TO GENERAL REGULATIONS a. MAXIMUM HEIGHT: Fifteen (15) feet for freestanding ktime b. MAXIMUM AREA: One hundred (100) square feet with a maximum of fifty (50) square feet per sign C:\ORD\SIGNS\DR7_3-21.WPD 17 �c-a� c. MINIMUM face SPACING: one-hundred (100) feet, measured radially from all other off-site development signs d. MAXIMUM NUMBER OF SIGNS: One (1) per subdivision plus an additional sign for any subdivision with more than two hundred (200) platted lots. e. REQUIRED REMOVAL: All off-site subdivision signs must be removed upon permits being issued to build upon acvcnty fivc __ aim (75%) of the lots being a ver ise ARTICLE VI - EXEMPTIONS AND SPECIAL CONDITIONS SEC. 2-2-23 EXEMPT SIGNS The following signs are exempted from the requirements of this ordinance: 1. Signs on vehicles unless the sign is used or intended to be used as an on-site " sign. It shall be prima facie evidence that a sign is use as an on-site " . , sign if a vehicle is parked at the same location for a continuous period exceeding seventy-two . (72) hours. No person shall attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign. itself. This provision shall not be interpreted to prohibit identification signs on vehicles used for business purposes. (ble 2. Warning, security, and directional signs for parking, etc. 3. Government signs— and sins £v ox arof t^organs za ons s spa ed .sett.;, ',� .�a b Bags, insignia, legal notices, er. in orma Iona , `irec Iona - er ""a traffic signs. 4. "No Dumping" and "No Trespassing" signs. 5. All signs not visible from off the site . • 6. Signs plaeed in public parks up ;. '" a ". e. '" • by the City which are intended for a ver is ng o raise- funds for recreation programs o nn SEC. Q.424 NONCONFORMING EXISTING SIGNS All signs that are lawfully in existence on the date of adoption of this ordinance may exist in their present form, but no such signs shall be altered, or moved unless a permit be issued pursuant to the provisions of this ordinance. Permits granted prior to the passage of this ordinance shall be renewed only if the applicant complies with all provisions of this ordinance. Any legal, non-conforming sign which has been substantially destroyed or dismantled for any purpose other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is more than 600 of the cost of erecting a new sign of the same type at the same location. Under this provision, the sign shall be removed and a permit 4e s k (otwe required to erect a new sign. C:\ORD\SIGNS\DR7_3-21.WPD 18 Low, SEC. 24 SIGN COPY Notwithstanding anything contained herein to the contrary, any sign authorized in this ordinance is allowed to contain non-commercial (ideological) copy in lieu of any other copy. SEC. APPENDICES It is anticipated that the following appendices will be changed periodically by the Building Official in response to changes in the administration of this ordinance. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney • Lir C:\ORD\SIGNS\DR7_3-21.WPD 19 n^ -3 I ORDINANCE NO. 506-A SIGN ORDINANCE AN ORDINANCE PROVIDING FOR THE COMPREHENSIVE REGULATION OF SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING FOR FINDINGS AND PURPOSES FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES; PROVIDING FOR LIMITATIONS ON THE LOCATION, SETBACK, HEIGHT, SIZE, LIGHTING AND OTHER REGULATION OF SIGNS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; 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 PAMPHLET FORM; 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 Local Government Code; and WHEREAS, the city council of the City of Southlake fords that the uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Southlake and will adversely affect the safety and efficiency of the city's transportation network; and WHEREAS, the city council further fords that scenic resources are distributed throughout the city and have contributed greatly to its economic development by attracting tourists, permanent residents, and new businesses and cultural facilities; and WHEREAS, the city council further finds that unless the location, number, setback lighting and size of signs are regulated, the scattering of such signs throughout the city would be L G:\ORD\SIGNS\FD7_3-21.WPD (bp, detrimental to the preservation of those scenic resources and so to the economic base of the city; and WHEREAS, the city council has further determined that the proliferation of signs in the city has an adverse affect on adjacent properties; and WHEREAS, the city council has heretofore developed and adopted a comprehensive plan guiding the orderly and proper growth of the city in order to promote the public health, safety, welfare and aesthetics; and WHEREAS, the city council fmds that the orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance (bre of the city; and WHEREAS, the city council further fmds that the regulations adopted herein allow for a reasonable use of signs by businesses, residences and other properties for advertisement, dissemination of protected speech and other purposes; and WHEREAS, the city council fmds that, in addition to the above fmdings, the adoption of this ordinance will serve the following purposes: To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; To protect adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; G:\ORD\SIGNS\FD7_3-21.WPD To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; To enhance the impression of the City which is conveyed to tourists and visitors by controlling the location, number, and size of signs; To integrate sign regulations more effectively with other regulations by establishing requirements for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and To preserve and enhance the appearance of the City and the public interest in (40., aesthetics, and to control and reduce visual clutter and blight; and WHEREAS, the city council deems it necessary to adopt this ordinance in order to protect the health, safety, and welfare of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The attached regulations are hereby adopted as the Sign Ordinance of the City of Southlake: SECTION 2. 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 L G:\ORD\SIGNS\FD7_3-21.WPD iii 1C-39 Lie such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 506 is hereby repealed. SECTION 3. 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. (ow SECTION 4. who violates, disobeys, omits, neglects Any person, firm or corporationy , or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 506 or any other ordinances affecting the regulation of signs 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 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. G:\ORD\SIGNS\FD7_3-21.WPD iv ` c,35 1 i SECTION 6. 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 7. 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 or its (lbw caption and penalty 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 8. 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 FIRST READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY L G:\ORD\SIGNS\FD7_3-21.WPD v (POI PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney co, G:\ORD\SIGNS\FD7_3-21.WPD Vi 1C-31 . 1 (Mme SIGN ORDINANCE TABLE OF CONTENTS ARTICLE I - IN GENERAL 1 SEC. 1 DEFINITIONS 1 A. GENERAL 1 ARTICLE II - ADMINISTRATION 4 SEC. 2 RESPONSIBILITY FOR ENFORCEMENT 4 SEC. 3 SIGN PERMIT REQUIRED 4 SEC. 4 APPLICATION FOR SIGN PERMIT 4 SEC. 5 FEES 4 SEC. 6 CONDITIONAL SIGN PERMIT 5 SEC. 7 REVOCATION OF PERMITS 5 SEC. 8 INSPECTION 5 SEC. 9 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS . . . . 5 Cr SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT 6 SEC. 11 REMOVAL OF SIGNS 6 A. OBSOLETE SIGNS 6 B. UNSAFE, DILAPIDATED OR DETERIORATED SIGNS. 6 C. SIGNS ON UTILITY POLES 6 D. SIGNS IN RIGHT-OF-WAYS 6 E. EXTENT OF SIGN REMOVAL 7 SEC. 12 FILING OF LIENS AGAINST PROPERTY 7 ARTICLE III - APPEALS AND VARIANCES 7 SEC. 13 APPEALS 7 SEC. 14 VARIANCES 7 ARTICLE IV - GENERAL SIGN PROVISIONS 8 SEC. 15 WIND PRESSURE AND DEAD LOAD REQUIREMENTS 8 SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS . . . 8 A. ATTACHED SIGN 8 B. MONUMENT SIGN 9 cue C. FREESTANDING SIGN 9 D. GROUND SIGN 10 G:\ORD\SIGNS\FD7_3-21.WPD vi i 1C*3 b SEC. 17 PROHIBITED SIGNS 10 (ire A. GENERAL 10 B. OBSCENE SIGNS 10 C. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES 10 D. OBSTRUCTING VISION/SIGHT TRIANGLE . . 10 E. INTERFERENCE WITH TRAFFIC 11 F. PORTABLE SIGNS 11 G. CERTAIN ILLUMINATED SIGNS PROHIBITED 11 H. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY 11 I. ROOF SIGNS PROHIBITED 11 ARTICLE V - SPECIFIC SIGN REGULATIONS 11 SEC. 18 SPECIFIC SIGN REGULATIONS 11 SEC. 19 SPECIFIC REGULATIONS APPLICABLE TO ON-SITE SIGNS REQUIRING PERMIT 12 A. BUSINESS SIGN 12 B. READERBOARD SIGN 12 C. MENUBOARD SIGN 12 D. SUBDIVISION SIGN 12 SEC. 20 ' TEMPORARY SIGNS REQUIRING PERMIT 13, A. BANNERS, PENNANTS, AND STREAMERS . . . 13 B. BALLOONS AND OTHER FLOATING DEVICES 13 C. MODEL HOME SIGNS 13 D. SPECIAL PURPOSE SIGNS 14 (1111W E. SEARCH LIGHTS 14 F. CONSTRUCTION SIGNS 14 G. DEVELOPMENT SIGNS 14 SEC. 21 TEMPORARY SIGNS EXEMPT FROM.PERMIT 15 A. SUBDIVISION MARKETING SIGNS 15 B. TRADESMAN SIGNS 15 C. REAL ESTATE SIGNS 15 D. WINDOW SIGNS 15 E. GARAGE/YARD SALE SIGNS 15 SEC. 22 SPECIFIC REGULATIONS APPLICABLE TO OFF-SITE SIGNS REQUIRING PERMIT 16 A. OFF-SITE DEVELOPMENT SIGNS 16 ARTICLE VI - EXEMPTIONS AND SPECIAL CONDITIONS 16 SEC. 23 EXEMPT SIGNS 16 SEC. 24 NONCONFORMING EXISTING SIGNS 17 SEC. 25 SIGN COPY 17 SEC. 26 APPENDICES 17 L G:\ORD\SIGNS\FD7_3-21.WPD viii qA_3q f � • Cre ARTICLE I - IN GENERAL SEC. 1 DEFINITIONS A. GENERAL ALTER: To change the size, shape or outline, or type of sign or to change the electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a surface panel. ATTACH: To stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or otherwise mark on an object. BUILDING: A structure which has a roof supported by walls for the shelter, support, or enclosure of persons, animals, or chattel. BUILDING OFFICIAL: The Building Official of the City of Southlake, Texas, or his designee. COMMENCEMENT OF WORK: For construction of a sign shall be the point in time when the sign has been delivered to the site and attachment to a building has begun or holes are excavated for ground installation. DILAPIDATED OR DETERIORATED CONDITION: Any sign which in the opinion of the building official has any of the following characteristics: (a) Where elements of the surface or background can be seen, as viewed from the normal viewing distance, to have portions of the finished material or paint flaked, broken off, or missing, or (Imme otherwise not in harmony with the rest of the surface; or (b) Where the structural support or frame members are visibly bent, broken, dented, or torn; or (c) Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an un- sightly or harmful condition; or (d) Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support) ; or (e) Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or DISTANCE: Distance of signs from R.O.W. shall mean the shortest horizontal distance from the nearest R.O.W. to a vertical line to the ground from the nearest element of the sign or the shortest horizontal distance in a straight line between the nearest elements of signs. ERECT: To build, construct, attach, hang, place, suspend or affix. This shall also include the painting of signs on the exterior surface of a building or structure. FACADE: Any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are to be considered as part of a single facade. • G:\ORD\SIGNS\FD7_3-21.WPD 1 1 C-4O GROSS SURFACE AREA OR AREA OF A SIGN: The area of the smallest rectangle which includes the extreme limits of the sign, excluding the supporting structure for the sign. Methods of area measurement shall be in accordance with Appendix 'A' . HEIGHT: As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign (see Appendix 'A' for clarification) . ILLUMINATION: The enhancement of a sign utilizing electric lights, luminous tubes or other similar means. LEASE SPACE: An area of a building separated internally and intended for use by an individual tenant. LOGO: Any design or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company, or product. OBSOLETE: Any sign which advertises a business, use or purpose that is no longer in existence. PAD SITE: A tract, lot, or land lease intended for the single use of a freestanding building typically adjacent to street R.O.W. and may also be a portion of a tract or lot. SETBACK: The distance from the closest portion, whether the support or edge of the sign, to the right-of-way. (Imie SIGHT TRIANGLE: There shall be two different sight triangles as depicted in the Subdivision Ordinance. One shall be for public and/or private street intersections and the other for the intersection of private non- single family driveways with public or private streets. SIGN: Every sign, name, number, identification, description, and announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, project, service, place, activity, person, institution, organization, or business. SIGN, ATTACHED: Any sign attached to, applied on, or supported by any part of a building (including canopy facia, walls and awnings) which encloses or covers usable space. SIGN, BANNER: A temporary flag, cloth, flexible plastic or canvas material SIGN, BUSINESS: A permanent on-site sign that is used to identify a business, profession, organization, institution, service, product, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. SIGN, CONSTRUCTION: A temporary on-site sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee engaged in the construction or improvement of the site on which (Wie the sign is located. G:\ORD\SIGNS\FD7_3-21.WPD 2 TA( (15/ SIGN, DEVELOPMENT: A temporary sign providing identification or information pertaining to a residential or commercial development to include builders within that development. SIGN. DIRECTIONAL: A permanent on-site sign intended to aid in vehicular • movement on the site. SIGN. DIRECTORY: A temporary on-site sign providing direction to or identifying the buildings in the subdivision. SIGN. ENTRY: Any permanent on-site sign identifying a residential subdivision and located on-site. SIGN. FREESTANDING: Any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. SIGN, GARAGE/YARD SALE: A temporary sign intended to advertise garage sales or yard sales. SIGN, GOVERNMENT: A sign erected by or on behalf of a federal, state or local government or an agency thereof. SIGN, GROUND: Any temporary sign erected on vertical framework and used primarily for real estate sales, political, and Subdivision Marketing signs. SIGN, MENUBOARD: A sign which displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. (lire SIGN, MODEL HOME: A temporary real estate sign identifying a homebuilders model home open for inspection. SIGN, MONUMENT: Any sign which is connected to the ground and which has no clear space for the full width of the sign between the bottom of the sign and the surface of the ground. SIGN. OFF-SITE: A sign which directs attention to a business, commodity, service, good, product, or entertainment not related to the site upon which such sign is located or to which it is affixed. SIGN, ON-SITE: Any sign, the content of which relates to the site on which it is located, referring exclusively to businesses, commodities, services, products, goods, or entertainment on the site, or the sale, lease, or construction of those sites . SIGN. POLITICAL: A type of off-site sign which refers only to the candidates or issues involved in a political election. SIGN, PORTABLE: Any sign which is not attached or affixed to the ground, a building, vehicle, or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids, and similar mobile structures. SIGN. READERBOARD (electronic) : A sign that utilizes alternating electronic data control components. SIGN. READERBOARD (manual) : A sign comprised of non-permanent letters, numerals or symbols, which allows a change of sign copy by adding, removing or rearranging said letters, symbols or numerals. Que SIGN, REAL ESTATE: A temporary sign intended to advertise real estate for sale or lease. G:\ORD\SIGNS\FD7_3-21.WPD 3 T_84 2 (Dr SIGN, SPECIAL PURPOSE: A temporary sign, other than a real estate sign, garage or yard sale sign, that is either on-site or off-site that provides identification or information pertaining to .a special event or occurrence. SIGN. SUBDIVISION MARKETING: A temporary sign used to market or advertise residential subdivisions and builders and direct interested persons to the subdivision location. SIGN, TEMPORARY: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, and any type sign not permanently attached to the ground, wall, or building, intended to be displayed for a short period of time only. SIGN, TRADESMAN: A temporary on-site sign identifying the contractor performing a construction trade on the site. SIGN, VEHICULAR: Any sign which is affixed to a vehicle. SIGN, WINDOW: Any sign located on the internal and/or external surface of the window, or is located within two feet (2' ) of the window, of any establishment. SITE: A lot, tract or pad site. ARTICLE II - ADMINISTRATION SEC. 2 RESPONSIBILITY FOR ENFORCEMENT (Ime It is the responsibility of the Building Official to interpret, administer and enforce the requirements of this ordinance. SEC. 3 SIGN PERMIT REQUIRED No person shall erect, alter or display any sign nor shall any person allow the erection, alteration or display of any sign upon any property within the City owned or controlled by him without first obtaining a permit to do so from the City of Southlake, except as hereinafter provided. SEC. 4 APPLICATION FOR SIGN PERMIT Application for a permit shall be made as required by this ordinance and the following information shall be submitted as separate documents: a. Application form shall be completed. b. General plan that illustrates: - Location of the building, structure, or tract to which or upon which the sign is to be attached or erected. - Position of the sign in relation to rights-of-way, easements, buildings, structures, existing signs, etc. c. Sign drawing that illustrates height, length, width, and all other dimensions associated with the sign. d. Letter from owner of the property stating that the applicant has permission to erect such signs. SEC. 5 FEES (kre All fees for sign permits shall be in accordance with the current fee schedule adopted by the City Council. G:\ORD\SIGNS\FD7_3-21.WPD 4 r]CA3 (hile SEC. 6 CONDITIONAL SIGN PERMIT A. GENERAL: Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this section under a conditional sign permit approved by the City Council. The purpose of this section is to allow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. B. APPLICATION: An application for a conditional sign permit shall be submitted to the Building Official and shall include all documents as required by Section 4 of this ordinance. Additionally, the applicant • shall submit construction plans drawn by a registered professional engineer or architect in the State of Texas and also provide renderings of the particular sign types, facades, materials, compositions, dimensions, lighting, and colors. C. FEES: Fees for conditional sign permits shall be determined in accordance with the adopted Uniform Administrative Code utilizing Table No. 3-A. SEC. 7 REVOCATION OF PERMITS (me The Building Official may suspend or revoke any permit issued under the provisions of this ordinance whenever it is determined that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit is issued in violation of any of the provisions of this ordinance or any other ordinance of this City or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign, or the owner of the site upon which the sign is located. Upon such revocation, all construction related to the revoked permit shall cease. A person may appeal the revocation of the sign permit to the City Council by filing an appeal in accordance with this ordinance. The City Council shall approve, reverse, or modify the suspension or revocation and such decision shall be final. Upon final determination that the permit is properly revoked, any portion of the sign in place as a result of the permit shall be removed within 10 days by the owner of the sign or the owner of the site on which the sign is located. Failure to remove the sign shall be deemed a violation of this ordinance. SEC. 8 INSPECTION The Building Official shall periodically inspect each sign regulated by this ordinance for the purpose of ascertaining whether .the same is obsolete and whether it is in need of removal or repair. SEC. 9 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) DAYS If the work authorized by a permit issued under this ordinance has not (Wire been commenced within one hundred eighty (180) days after the date of issuance, the permit shall become null and void. G:\ORD\SIGNS\FD7_3-21.WPD 5 r1(„-441 SEC. 10 INVESTIGATION FEES: WORK WITHOUT A PERMIT A. INVESTIGATION. Whenever any work for which a permit is required by this ordinance has been commenced or completed without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. B. FEE. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this ordinance. SEC. 11 REMOVAL OF SIGNS A. OBSOLETE SIGNS. Any sign which the Building Official determines to be obsolete, shall be removed by the permit holder, owner of the sign or owner of the site on which the sign is located within ten (10) days after receiving written notification to do so from the Building Official. Upon failure to comply with such notice or to file an appeal of the decision in accordance with this ordinance, the Building Official is authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. B. UNSAFE DILAPIDATED OR DETERIORATED SIGNS. If the Building Official determines that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written notice to remove or replace (in accordance with this ordinance) said sign to the person or persons responsible for such sign. If the permit holder, owner of the sign or owner of the site on which the sign is located fails to remove or repair (ible the sign within ten (10) days after such notice or to file an appeal of the decision in accordance with this ordinance, the Building Official is hereby authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which is determined by the Building Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense incident to the removal of a sign pursuant to this paragraph shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the public health, safety, and welfare. C. SIGNS ON UTILITY POLES. It shall be prohibited to attach any sign to a utility pole located upon any public right-of-way or utility easement and any sign so placed may be removed by City personnel. The permit holder, owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee in accordance with the city fee schedule to recover such sign from the City unless the permit holder or owner satisfactorily establishes that such sign was not placed in the right-of- way by the owner of such sign or by any authorized agent, representative, or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of such time may be disposed of. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. D. SIGNS IN RIGHTS-OF-WAY. Any sign that is erected, constructed or otherwise located within or upon public right-of-way may be removed by City Personnel and the permit holder or owner of such sign shall be charged a sign recovery fee in accordance with the city fee schedule to recover such sign from the City. No such fee shall be charged if the permit holder or owner satisfactorily establishes that such sign was not placed in the right-of-way by the permit holder or owner of such sign or by any authorized agent, representative or employee of said owner. Any such sign removed by City personnel may be held for a period of seventy- G:\ORD\SIGNS\FD7_3-21.WPD 6 rl q � f (110, two (72) hours and upon expiration of such time may be disposed of. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. E. EXTENT OF SIGN REMOVAL: The Building Official shall determine to what extent the elements of the sign must be removed to comply with this section. This may include any of the following, but is not limited to the following: a. SIGN COPY: Removal of the text or copy portion of the sign. b. SIGN BOX: Removal of the portion of the sign excluding the structural support of the sign. c. ENTIRE SIGN: Removal of all structural elements of the sign. SEC. 12 FILING OF LIENS AGAINST PROPERTY The city is authorized to file a lien against any property which is not otherwise exempt to recover expenses incurred by by the city for the removal of a sign or portion of a sign from the property, pursuant to Section 11E. ARTICLE III - APPEALS AND VARIANCES SEC. 13 APPEALS Any decision rendered by the Building Official under this ordinance may be (110,, appealed to the City Council by any person, agent, or representative affected by such decision. Such appeal must be received within ten (10) days after the placement of a letter in the U.S. mail addressed to the address on the permit or the address of the current owner of record in the County tax records which states the written decision which has been rendered by the Building Official. Such appeal shall be filed in writing with the Building Official specifying the grounds on which the appeal is based. The Building Official shall forthwith transmit to the City Council all documents pertaining to the appealed action. The City Council shall hear the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the Building Official was in accordance with all ordinances and regulations. The decision of the City Council shall be final. SEC. 14 VARIANCES The City Council may authorize variances to any requirements regarding number of signs, area, height, setback, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non- refundable filing fee in the amount specified in the current fee schedule adopted by City Council. G:\ORD\SIGNS\FD7_3-21.WPD 7 ri1.A� • (111wr ARTICLE IV - GENERAL SIGN PROVISIONS SEC. 15 WIND PRESSURE AND DEAD LOAD REOUIREMENTS All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code. The sign permit application must include a statement signed by the applicant which states compliance with this requirement. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN • 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square feet area used for building identification. 2. MAXIMUM LETTER/LOGO HEIGHT: The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. Maximum Letter/Logo Height Less than 50 ft. 24 inches 51 - 100 ft. 30 inches (We 101 - 150 ft. 36 inches 151 - 200 ft. 42 inches 201 - 250 ft. 48 inches 251 - 300 ft. 54 inches 301 and greater 60 inches 3. MAXIMUM AREA: 1.5 square feet for every one foot of width of building or lease space not to exceed 400 square feet - see Appendix 'A' for further clarification. 4. NUMBER OF SIGNS: Only one attached sign per street frontage shall be allowed on any site, unless otherwise specifically provided in this ordinance. 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (751) of the width of any building or lease space (see Appendix 'B' for further clarification) . 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Letters with exposed neon lighting are allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building, excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade other than the main front of the building which faces (be property zoned for single-family residential uses if the sign is within one hundred fifty feet (150' ) of the property line of said residential property. G:\ORD\SIGNS\FD7_3-21.WPD 8 rie-4 1 !• i (Ime B. MONUMENT SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all monument signs which are allowed under this ordinance. 2. MAXIMUM HEIGHT: Six (6) feet, excluding monument base. The monument base may be an additional two (2) feet in height measured from ground level at the center of the base to the top of the base. 3. MAXIMUM AREA: Two Hundred (200) square feet per sign with a maximum area per sign face of one hundred (100) square feet. (see Appendix 'A' for measurement criteria) . The one hundred (100) square feet maximum area per face criteria does not apply to sites having frontage on S.H. 114. 4. NUMBER OF SIGNS: Only one monument sign per street frontage, excluding menuboard signs, shall be allowed on any site, unless otherwise specifically provided in this ordinance. 5. MINIMUM SETBACK: Fifteen (15) feet from any property line. 6. MATERIAL REQUIREMENTS: All monument sign bases shall be constructed of the same masonry material as the front building facade on the same site or shall be stone or brick. 7. ILLUMINATION: Monument signs may only be illuminated utilizing internal lighting, or a lighting source where the light itself and supporting structure is not visible from public R.O.W. C. FREESTANDING SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all freestanding signs which are allowed under this ordinance. 2. LOCATIONS WHERE ALLOWED: Freestanding signs shall be located in accordance with the following limitations not withstanding any provisions to the contrary: a. State Highway 114 Frontage: Freestanding signs shall be allowed on sites having frontage on S.H. 114 or fronting on a grade separated intersecting street and within two hundred feet (200' ) of the ultimate R.O.W. for S.H. 114; however, no freestanding sign shall be located within two hundred feet (200' ) of another freestanding sign. No freestanding sign shall be allowed closer than one hundred feet (100' ) to an intersecting R.O.W. and the allocation of said signs shall be on a first come, first serve basis. Sites meeting the criteria of section (b.) below may have a freestanding sign even if the spacing limitation would otherwise disallow the sign. b. All Other Sites: One freestanding sign shall be allowed on any site which is greater than seven (7) acres in size, includes ten (10) or more contiguous but separate lessees and is developed as a comprehensive development. 3. MAXIMUM HEIGHT: Maximum height for the sign shall be twenty (20) feet. Further, the sign must be a minimum of seven (7) feet above ground level except for any supporting structure. (we 4. MAXIMUM AREA: Maximum area for the sign shall be two hundred (200) square feet with a maximum of one hundred (100) square feet per face of sign. The sign may have only two faces and they must be G:\ORD\SIGNS\FD7_3-21.WPD 9 constructed parallel to each other and no more than thirty inches (30") of separation between the faces of the sign. 5. NUMBER OF SIGNS: Only one sign shall be allowed per qualified site. 6. MINIMUM SETBACK: Fifteen (15) feet from any property line. • 7. MATERIAL REQUIREMENTS: The support structure for the sign shall be double pole and shall be constructed or covered with materials which match the masonry portion of the principal building on the site or shall be stone or brick. No single pole freestanding signs shall be allowed. 8. ILLUMINATION: Freestanding signs may only be illuminated internal lighting. No lighting source external to the sign may be exposed. This does not prohibit exposed neon lighting. 9. RESIDENTIAL ADJACENCY: No freestanding sign shall be allowed within , one hundred fifty feet (150' ) . of any property zoned for single- family residential uses. D. GROUND SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all ground signs. 2. LOCATION LIMITATIONS: No signs shall be placed within public right- of-way. (110e 3. MAXIMUM HEIGHT: Four feet (4' ) 4. MAXIMUM AREA: Twelve (12) square feet with a maximum of six (6) square feet per sign face. 5. NUMBER OF SIGNS: Maximum of two (2) signs per site. SEC. 17 PROHIBITED SIGNS A. GENERAL Any sign which is not specifically permitted in Articles V and VI of this ordinance shall be prohibited. B. OBSCENE SIGNS No person shall erect or allow to be displayed upon site owned or controlled by him a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. C. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES No person shall erect or display on any site any sign which prevents free ingress to or egress from any door, window, or fire escape. D. OBSTRUCTING VISION/SIGHT TRIANGLE No person shall erect or display on any site any sign in such a manner as (we to obstruct free and clear vision at any location, street, intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a sight triangle as provided for in Section 1, "Definitions. " G:\ORD\SIGNS\FD7_3-21.WPD 10 ric-fir Lye E. INTERFERENCE WITH TRAFFIC No person shall erect or display on any site any sign which interferes with vehicular or pedestrian traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of illumination or any other characteristics causing such interference. Nor shall any person erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop, " "go, " "look, " "slow, " "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. F. PORTABLE SIGNS No person shall erect or allow to be displayed any portable sign; except, however, that upon a majority vote by the City Council, a conditional use permit may be issued to any non-profit organization for an on-site portable sign. Permits shall be issued for one thirty (30) day period with at least ninety (90) days separation between permits. G. CERTAIN ILLUMINATED SIGNS 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic. Moving, flashing, intermittent lighted, changing color, revolving, or similarly constructed signs shall not be allowed. It is further provided that a sign which uses illumination to provide time of day and/or (kwe temperature only shall not constitute a flashing sign. 2. No lighted sign shall be erected or displayed within one-hundred fifty (150) feet of a single-family residentially zoned property unless the lighting is shielded from view of the residentially zoned property and indirect light does not exceed 1/2 lumen measured from any property line of the residentially zoned property. H. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY It shall be prohibited to erect or allow to be displayed any type of sign on or over public right-of-way (ROW) or other public property, unless the same be erected by the City, County, State or other authorized governmental agency, or with the permission of the City, for public purposes. I. ROOF SIGNS PROHIBITED Any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building is prohibited. The painting or otherwise affixing of signs on a roof is prohibited. ARTICLE V - SPECIFIC SIGN REGULATIONS SEC. 18 SPECIFIC SIGN REGULATIONS This article regulates the type of sign structure allowed for each type of sign permitted by this ordinance. Each of the signs identified in this article is subject to the general sign provisions set forth in Article IV (kme except where modifications to the general regulations are noted. G:\ORD\SIGNS\FD7_3-21.WPD 11 lie_`i • SEC. 19 SPECIFIC REGULATIONS APPLICABLE TO ON-SITE SIGNS REQUIRING PERMIT Unless otherwise specifically provided, the regulations set forth in this article shall be applicable to all of the following signs. A. BUSINESS SIGN 1. PERMITTED SIGN STRUCTURE: Attached, freestanding and/or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: None B. READERBOARD SIGN 1. PERMITTED SIGN STRUCTURE: Freestanding or monument 2. MODIFICATIONS TO GENERAL REGULATIONS: a. GENERAL: Readerboard signs (manual or electronic) may only be approved as a conditional sign permit by the City Council. b. MAXIMUM AREA: Cannot exceed two-thirds (2/3) of the gross surface area per face of the sign. c. Manual readerboard signs using alphabetical lettering must have a lockable covering to prevent of easy access by vandals. C. MENUBOARD SIGN 1. PERMITTED SIGN STRUCTURE: Freestanding,• monument and/or attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Six feet (6' ) , freestanding sign may extend to ground level. b. MAXIMUM AREA: Twenty four (24) square feet. Only one face will be allowed per sign. c. MAXIMUM NUMBER OF SIGNS: No more than two (2) signs per site. d. LOCATION LIMITATIONS: All menuboard signs must be located Cre at the side or rear of the principal building. D. SUBDIVISION SIGNS 1. ENTRY SIGN a. PERMITTED SIGN STRUCTURE: Monument and/or attached b. MODIFICATIONS TO GENERAL REGULATIONS: 1. MAXIMUM HEIGHT: Attached sign may not project above top of wall 2. MAXIMUM AREA: Monument: One hundred (100) square feet with a maximum of Fifty (50) square feet per sign face, Attached: Thirty-two (32) square feet 3. MAXIMUM NUMBER OF SIGNS: One (1) monument sign or two attached wall plaque signs (i.e. not a combination thereof) per street entrance 2. DIRECTORY SIGN a. PERMITTED SIGN STRUCTURE: Freestanding and/or monument b. MODIFICATIONS TO GENERAL REGULATIONS: 1. MAXIMUM HEIGHT: Twelve (12) feet for freestanding 2. MAXIMUM AREA: One hundred (100) square feet with a maximum of Fifty (50) square feet per cue sign face 3. MINIMUM SETBACK: Fifteen (15) feet from right-of-way G:\ORD\SIGNS\FD7_3-21.WPD 12 1C-5I (Impe 4. MAXIMUM NUMBER OF SIGNS: One (1) sign per street entrance 5. RESIDENTIAL ADJACENCY: Not applicable 6. LOCATIONS WHERE ALLOWED: Only distance measurements shall apply SEC. 20 TEMPORARY SIGNS REOUIRING PERMIT A. BANNERS, PENNANTS. AND STREAMERS 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM AREA: One hundred (100) square feet (no maximum for streamers) b. MINIMUM SETBACK: Fifteen (15) feet from right-of-way c. MAXIMUM NUMBER OF SIGNS: Two (2) total per site; no more than one banner per business per street frontage d. DURATION: Maximum forty-five (45) days/three times a calendar year with a sixty (60) day separation between permits e. ATTACHMENTS: All corners of banners or pennants must be attached to the supporting structure f. ROOF LINE LIMITATIONS: Streamers shall be allowed above the roof line. B. BALLOONS AND OTHER FLOATING DEVICES (0, 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Fifty (50) feet to end of tether line b. MINIMUM SETBACK: Fifteen (15) feet from right-of-way c. MAXIMUM NUMBER OF SIGNS: One balloon or floating device having a capacity greater than three (3) cubic feet of air per site. No limit to number of smaller balloons d. DURATION: Maximum forty-five (45) days/three times a calendar year with a minimum sixty (60) day separation between permits e. ROOF LINE LIMITATIONS: Not applicable C. MODEL HOME SIGNS 1. PERMITTED SIGN STRUCTURE: Monument, freestanding, and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Six (6) feet; freestanding signs may extend to ground level b. MAXIMUM AREA: One hundred (100) square feet with a maximum of Fifty (50) square feet per sign face c. MINIMUM SETBACK: Fifteen (15) feet from any property line d. . MAXIMUM NUMBER OF SIGNS: One (1) sign per builder per subdivision e. - MATERIAL REQMTS: Not applicable f. LOCATIONS WHERE ALLOWED: Not applicable (Ire g. RESIDENTIAL ADJACENCY: Not applicable G:\ORD\SIGNS\FD7 3-21.WPD 13 (111100" D. SPECIAL PURPOSE SIGNS 1. PERMITTED SIGN STRUCTURE: Attached and/or freestanding 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM AREA: One hundred (100) square feet with a maximum of Fifty (50) square feet per sign face b. MAXIMUM NUMBER OF SIGNS: Four (4) total per event or occasion c. PLACEMENT TIME: May be placed thirty (30) days before the event or occasion commences but must be removed within three (3) days after termination thereof. No more than twice a year. d. MATERIAL REQMTS: Not applicable e. LOCATIONS WHERE ALLOWED: Not applicable f. RESIDENTIAL ADJACENCY: Not applicable E. SEARCH LIGHTS 1. PERMITTED SIGN STRUCTURE: Freestanding 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Not applicable b. MAXIMUM NUMBER OF SIGNS: Two (2) per site c. DURATION: Seven (7) days, twice a calendar year with La sixty (60) day separation between permits. d. MATERIAL REQMTS: Not applicable F. CONSTRUCTION SIGNS 1. PERMITTED SIGN STRUCTURE: Freestanding, monument, and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: One (1) per street frontage per site b. DURATION: Sign may be installed at any time after the issuance of the building permit for a commercial development or approval of the developers agreement for a residential subdivision. The sign must be removed upon the issuance of a certificate of occupancy for a commercial development and upon the issuance of a C.O. on ninety percent (90t) of the lots within the subdivision for a residential subdivision. c. MATERIAL REQMTS: Not applicable • d. RESIDENTIAL ADJACENCY: Not applicable e. LOCATIONS WHERE ALLOWED: Not applicable G. DEVELOPMENT SIGNS 1. PERMITTED SIGN STRUCTURE: Freestanding, monument, and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: One (1) per street frontage per site b. DURATION: Sign may be installed at any time after the issuance of the building permit for a G:\ORD\SIGNS\FD7_3-21.WPD 14 7C53 (Imme commercial development or approval of the developers agreement for a residential subdivision. The sign must be removed upon the issuance of a certificate of occupancy for a commercial development and upon the • issuance of a C.O. on ninety percent (90%) of the lots within the subdivision for a residential subdivision. c. MATERIAL REQMTS: Not applicable d. RESIDENTIAL ADJACENCY: Not applicable e. LOCATIONS WHERE ALLOWED: Not applicable SEC. 21 TEMPORARY SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: A. SUBDIVISION MARKETING SIGNS 1. PERMITTED SIGN STRUCTURE: Ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: A maximum of three signs advertising the same item per grouping of signs (see Appendix 'B' for further clari- fication) b. LOCATION OF SIGNS: No sign may be placed closer than fifty feet (50' ) from an intersecting R.O.W. Signs advertising the same item may be no closer than ten feet (10' ) apart C. PLACEMENT TIME: 12:00 noon Friday to 12:00 noon Monday B. TRADESMAN SIGNS 1. PERMITTED SIGN STRUCTURE: Ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. DURATION: Signs may only be placed after issuance of a building permit and must be removed upon completion of the construction trade advertised C. REAL ESTATE SIGNS 1. PERMITTED SIGN STRUCTURE: Ground, freestanding, monument and/or attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Ten (10) feet for ground; below roof line for attached b. MAXIMUM AREA: Fifty (50) square feet c. MAXIMUM NUMBER OF SIGNS: One (1) sign for every five (5) acres D. WINDOW SIGNS Window signs are permitted, provided such signage does not obscure more than fifty percent (50%) of the total window area. No illuminated window signs shall be allowed within two feet of the window glazing except for open/closed signs. E. GARAGE/YARD SALE SIGNS L1. PERMITTED SIGN STRUCTURE: Ground 2. MODIFICATIONS TO GENERAL REGULATIONS G:\ORD\SIGNS\FD7_3-21.WPD 15 A - LaMAXIMUM NUMBER . OF SIGNS: Four (4) per sale b. PLACEMENT TIME: 12:00 Noon Friday to 12:00 Noon Monday or on any legal holiday SEC. 22 SPECIFIC REGULATIONS APPLICABLE TO OFF-SITE SIGNS REOUIRING PERMIT A. OFF-SITE DEVELOPMENT SIGNS 1. PERMITTED SIGN STRUCTURE: Freestanding., monument or ground 2. MODIFICATIONS TO GENERAL REGULATIONS a. MAXIMUM HEIGHT: Fifteen (15) feet for freestanding b. MAXIMUM AREA: One hundred (100) square feet with a maximum of fifty (50) square feet per sign face c. MINIMUM SPACING: one-hundred (100) feet, measured radially from all other off-site development signs d. MAXIMUM NUMBER OF SIGNS: One (1) per subdivision plus an additional sign for any subdivision with more than two hundred (200) platted lots e. REQUIRED REMOVAL: All off-site subdivision signs must be removed upon permits being issued to build upon ninety percent (90%) of the lots being advertised ARTICLE VI - EXEMPTIONS AND SPECIAL CONDITIONS SEC. 23 EXEMPT SIGNS The following signs are exempted from the requirements of this ordinance: 1. Signs on vehicles unless the sign is used or intended to be used as an on-site or off-site sign. It shall be prima facie evidence that a sign is used as an on-site or off-site sign if a vehicle is parked at the same location for a continuous period exceeding seventy-two (72) hours. No person shall attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. This provision shall not be interpreted to prohibit identification signs on vehicles used for business purposes. 2. Warning, security, and directional signs for parking, etc. 3. Government signs and signs for non-profit organizations sponsored by government including flags, insignia, legal notices, informational, directional and traffic signs. 4. "No Dumping" and "No Trespassing" signs. 5. All signs not visible from off the site. 6. Signs in public parks placed inside ballfield fencing by the City which are intended for advertising to raise funds for recreation programs which have copy on only one face with the copy facing toward the interior of the field. 7. Political signs not within public right-of-way. L G:\ORD\SIGNS\FD7_3-21.WPD 16 r-15 C Lime SEC. 24 NONCONFORMING EXISTING SIGNS All signs that are lawfully in existence on the date of adoption of this ordinance may exist in their present form, but no such signs shall be altered, or moved unless a permit be issued pursuant to the provisions of this ordinance. Permits granted prior to the passage of this ordinance shall be renewed only if the applicant complies with all provisions of this ordinance. Any legal, non-conforming sign which has been substantially destroyed or dismantled for any purpose other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. Under this provision, the sign shall be removed and a permit shall be required to erect a new sign. SEC. 25 SIGN COPY Notwithstanding anything contained herein to the contrary, any sign authorized in this ordinance is allowed to contain non-commercial (ideological) copy in lieu of any other copy. SEC. 26 APPENDICES It is anticipated that the following appendices will be changed periodically by the Building Official in response to changes in the administration of this ordinance. • (kw G:\ORD\SIGNS\FD7_3-21.WPD 17 1r-'5-G twee PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney tit G:\ORD\SIGNS\FD7 3-21.WPD 18 /c-5 7 (11..." APPENDIX 'B' SELECTED GRAPHIC CLARIFICATIONS Section , Area Limitations for Attached Signs I.l<asc Is"' 1 l.'s. C4 L L<or. �1. 3 re• �o• co• to sc.s% 't•,, ,11.0 � f �a% t5 Vs'7.S.} s' .tif. ".' 5 sZ ' ( • I sI GN SIGN o�� � .ZSX«.•'7S LAC132E-- --1 _ L Section 20-A,B, Subdivision Marketing and Political Signs 0 ®I D ---j li v®0v®0 v®o ®A - r o - -- o�no®o a O• 0 • p0 0 14;1 . Loy 0 2 3 IC_ / Z Ilk • These appendices are not considered a part of this ordinance and may be revised or updated as necessary by the City Staff. LAPPENDIX 9 Sight Triangles _ ________ • . _ sntrxr 4o. IT PROPERTY/ILO.W.UNE ...... ....... 111./II.D1240 UNE I :•:: SAO(OF CI.M.B Le SIGHT TRIANGLE JNTERSECTION OF TWO STREET R.O.W.'S •• STREET SO 40' 10' (O. I PROPERTY/I-0.W.UNE ... . t. 0 „„..... E El....... LINE g1"6,E MIN/ WA• • cz • SIGHT TRIANGLE INTERSECTION OF A DRIVEWAY & A STREET R.O.W. 2 4 City of Southlake,Texas MEMORANDUM (kw March 15, 1995 TO: Curtis E. Hawk, City Manager FROM: Shana Yelverton, Assistant City Manager SUBJECT: Code of Ethics and Conduct Attached you will find a redlined copy of the Code of Ethics and Conduct which incorporates changes discussed at the last City Council meeting. Specifically, I have added the Building Board of Appeals to the section which defines officers of the City, and I have included language to require each officer, employee and board member to sign a form acknowledging receipt of their initial copy of the code, and language to provide for the dissemination of the code to each on an annual basis. Please let me know if you have any comments or questions about the changes incorporated. K� L 7b—/ Lie ORDINANCE NO. 635 CODE OF ETHICS AND CONDUCT AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A CODE OF ETHICS AND CONDUCT APPLICABLE TO OFFICERS, EMPLOYEES AND BOARD MEMBERS WITHIN THE CITY;PROVIDING STANDARDS OF CONDUCT FOR SUCH OFFICERS, EMPLOYEES AND BOARD MEMBERS; REQUIRING THE DISCLOSURE OF CONFLICTS OF INTERESTS; PROVIDING FOR THE RENDERING OF ADVISORY OPINIONS BY THE CITY ATTORNEY; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS HEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. WHE • , the City of Southlake, Texas is a home rule city acting under • charter adopted by the electorate pursua • • • - XI Section 5 of the T• . . . . titution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary and advisable to adopt a Code of Ethics and Conduct applicable to the conduct of officers, employees and board members while acting in their official capacities in representing the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. DECLARATION OF POLICY It is hereby declared to be the policy of the City of Southlake that the proper operation of democratic government requires that public officials and employees be independent, impartial and responsible only to the people of the city; that governmental decisions and policy should be made in the proper channels of the governmental structure; that no officer, employee or member • (11160, of any board, commission or committee should have any interest, financial or otherwise, direct or indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his or her duties in the public interest; that public office and public employment are positions of public trust imposing the duty of a fiduciary upon all employees and officeholders, who are not to use their public position for personal gain, and that the public should have confidence in the integrity of its government. To implement such a policy, the City Council deems it advisable to enact this code of ethics and conduct for all officers, employees and advisory board members, whether elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of the city's public servants, but also as a basis for discipline for those who refuse to abide by its terms. This code of ethics and conduct is cumulative of other ordinances, city charter provisions and state statutes defining andLie . prohibiting conflict of interest. SECTION 2. DEFINITIONS For the purposes of the this code of ethics and conduct the following words and phrases shall have the meanings ascribed to them by this section. Advisory board shall mean a board, commission or committee of the city that functions only in an advisory or study capacity. Business entity shall mean a sole proprietorship, partnership, firm, corporation, association, holding company, jointstock company, receivership, trust, or any other entity recognized by law. Low Employee shall mean any person employed by the city, including those individuals on a c:\wp51\ord&res\ethics.635/kb 2 7b-3 part-time basis, but such term shall not be extended to apply to any independent contractor. Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his or her conduct or to circumstances surrounding his or her conduct when he is aware of the nature of his or her conduct or that the circumstances exist. A person acts knowing, or with knowledge, with respect to a result of his or her conduct when he is aware that his or her conduct is reasonably certain to cause the result. Officer shall mean any member of the City Council, the Planning and Zoning Commission, the Board of Adjustment, 3 1tl n > a >of a gals and any . . ;:.;:.;:.;:.;:.:;:;.;g:::»>:<::::::::: »;;::pP : member- of a .......... ................. board, commission or committee established by ordinance, charter or state law that has final approval authority over any application, permit, license or other City approvals; provided, no member of an advisory board shall be deemed an officer of the city. Substantial interest. A. A person has a substantial interest in a business entity if: (1) The interest is ownership of ten (10) percent or more of the voting stock or shares of the business entity or ownership of either ten (10) percent or • more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity (see Section 171.002, Texas Local Government Code); or (2) Funds received by the person from the business entity exceed ten (10) percent of the person's gross income for the previous year (see Section 171.002, Texas Local Government Code); or (Itor (3) The person holds a position of member of the board of directors or other governing board of the business entity; or c:\wp51\ord&res\ethics.635/kb 3 7 -V (kkar (4) The person serves as an elected officer of the business entity; or (5) The person is an employee of the business entity; or (6) The person is a creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more; or (7) Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount five thousand dollars ($5,000.00) or more. B. A person does not have a substantial interest in a business entity if: (1) The person holds a position as a member of the board of directors or other governing board of a business entity; and (kir (2) The person has been designated by the City Council to serve on such board; and (3) The person receives no remuneration, either directly or indirectly, for his or her service on such board; and (4) The primary nature of the business entity is either charitable, nonprofit or governmental. C. A person has a substantial interest in real property if the interest is an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more (see Section 171.002, Texas Local Government Code). D. A person has a substantial interest under this ordinance if the person's spouse or cr. a person related to the person in the first degree by consanguinity or affinity has a substantial interest under this ordinance (see Section 171.002, Texas Local c:\wp51\ord&res\ethics.635/kb 4 7v-5- (kr Government Code). A person is related in the first degree by consanguinity to his or her father, mother, brother, sister, son or daughter. A person is related in the first degree by affinity to his or her father-in-law, mother-in-law, brother's spouse, sister's spouse, son-in-law or daughter-in-law. SECTION 3. STANDARDS OF CONDUCT A. No city officer, employee or advisory board member, or their spouses, shall knowingly: (1) Accept or solicit any gift, favor, service or thing of value from any person, group or business entity that might reasonably tend to influence him in the discharge of his or her official duties. This prohibition shall thre not apply 1 to: (a) An occasional non-pecuniary gift, insignificant in value; or (b) An award publicly presented in recognition of public service; or (c) Any gift which would have been offered or given to him if he were not a city officer, employee or advisory board member, or their spouses. (2) Grant in the discharge of his or her official duties any improper favor, service or thing of value to any person, group or business entity; (3) Accept or solicit any gift, favor, service or thing of value, including a promise of future employment, of sufficient economic value that it might reasonably tend to influence him, in the discharge of his or her official duties, from any person, group or business entity: c:\wp51\ord&res\ethics.635/kb 5 (a) Who is licensed or has a substantial interest in any business entity that is licensed by any city department, agency, commission or board on which the city officer, employee or advisory board member serves; or (b) Who has a financial interest in any proposed ordinance or decision upon which the city officer, employee or advisory board member may or must act or make a recommendation; provided, however, that any city officer, employee or advisory board member and their spouses, may accept travel and related expenses to attend ceremonial functions, provided that such acceptance and attendance have been approved by the City Council prior to the occurrence of the ceremonial function. (4) Knowingly disclose any confidential information gained by reason of the position of the officer, employee or advisory board member concerning the property, operations, policies or affairs of the city, or use such confidential information to advance any personal interest, financial or otherwise, of such officer, employee or advisory board member, or others. This subparagraph 4 shall not preclude disclosure of such confidential information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this code. (5) Use one's position or office of employment or city facilities, personnel, (we equipment or supplies to secure special privileges or exemptions for himself or others or for the private gain of the city officer, employee, c:\wp51\ord&res\ethics.635/kb 6 c'z - 7 advisory board member or his or her spouse. (6) Engage in any exchange, purchase or sale of property, goods or services with the city, except: (a) Rendering services to the city as an officer, employee or advisory board member; (b) Paying taxes, fines, utility service or filing fees; (c) Executing and performing any developer's agreement or plat in compliance with laws and regulations applicable to any person; • provided, however, that if any city ordinance, rule or regulation allows any discretion by the appropriate officers or employees of the city in the interpretation or enforcement of such ordinance, kipe. rule or regulation, any such discretion shall be exercised in favor of the city in connection with any such developer's agreement or plat; (d) Advisory board members who are not otherwise officers or employees of the city, may engage in any exchange, purchase or sale of property, goods or services with the city, or enter into a contract with the city, provided that the board on which they are a member has no advisory function or cognizance, direct or indirect, present or prospective, with respect to the transaction in which such advisory board member engages or proposes to engage. (titie (7) Hold himself out as representing the city in any capacity other than that for which he was appointed, elected or hired. c:1wp511ord&res\ethics.635/kb 7 Ills (Owe (8) Engage in or accept private employment or render a service when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independent judgment in the performance of his or her official duties. (9) Make or permit the unauthorized use of city owned vehicles, equipment, materials or property. (10) Grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. (11) After termination of service or employment with the city, appear before any board or commission of the city in relation to any case, proceeding or application in which he or she personally participated or which was under his or her active consideration, during the period of his or her service or employment. (12) Transact any business in his or her official capacity with the city with a business entity in which he has a substantial interest. (13) Engage in any dishonest or criminal act or any other conduct prejudicial to the government of the city or that reflects discredit upon the government of the city. (14) Knowingly perform or refuse to perform any act in order to deliberately thwart the execution of city ordinances, rules or regulations or the achievement of official city programs. B. No member of the City Council, salaried city officer or city employee shall knowingly represent, directly or indirectly, any person, group or business entity: (1) Before the City Council or any department, agency, board or commission c:\wp51\ord&res\ethics.635/kb 8 7z Lir of the city; (2) In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission thereof is a party; or (3) In any action or proceeding in the municipal courts of the city which was instituted by a city officer or employee in the course of his or her official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution. C. No member of a city board or commission shall knowingly represent, directly or indirectly, any person, group or business entity: (1) Before the City Council or the board or commission of which he or she is a member; (2) Before a board or commission which has appellate jurisdiction over the board or commission of which he or she is a member; (3) In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission thereof is a party; or (4) In any action or proceeding in the municipal courts of the city which was instituted by a city officer or employee in the course of his or her official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution. D. The restrictions in this section do not prohibit the following: (be (1) A city employee or member of a city board or commission (other than. City Council), or his or her spouse, appearing before the City Council or c:\wp51\ord&res\ethics.635/kb 9 7z-io cri a city department, agency, board or commission to represent himself or herself in a matter affecting his or her property; provided, however, that no such person, or his or her spouse, shall appear before the board or commission of which he or she is a member; or (2) A city employee or officer of an employee organization appearing before the City Council or a city department, agency, board or commission to address employment matters. E. The restrictions in this section do. not apply to business associates of officers, employees or advisory board members, but only personally to the officers, employees and advisory board members themselves. L SECTION 4. DISCLOSURE OF INTEREST A. If any city officer, employee or advisory board member has a substantial interest in a business entity or real property involved in any decision pending before such officer, employee, or advisory board member, or the body of which he or she is a member, such officer, employee, or advisory board member shall disclose such interest as provided in paragraph C below and shall not, except as provided in paragraph B below, discuss the substance of the matter at any time with any other member of the board of which he is a member or any other body which will vote on or otherwise participate in the consideration of the matter. (se B. If any of the following interests are involved in any decision pending before any city officer, employee, or advisory board member, or the body of which he is a c:\wp51\ord&res\ethics.635/kb 10 7�-/i (ow member, such officer, employee, or advisory board member must disclose such interest as provided in paragraph C below, but he shall be permitted to vote on and participate in the consideration of such matter: (1) A decision concerning a bank or other financial institution from which the officer, employee, or advisory board member has a home mortgage, automobile loan, or other installment loan, if the loan is not currently in default, was originally for a term of more than 2 years and cannot be accelerated except for failure to make payments according to the terms thereof; (2) A decision concerning a bank or other financial institution in which the officer, employee, or advisory board member holds a savings account, checking account or certificate of deposit and which is fully insured by the U.S. government or an agency thereof; (3) A decision concerning a business entity with which the officer, employee, or advisory board member has a retail or credit card account; (4) A decision concerning the approval of substitution of collateral by a city depository bank; (5) A decision concerning real property in which the officer, employee or advisory board member has a substantial interest if it is not reasonably foreseeable that such decision would have a special economic effect on the value of the property, distinguishable from the effect on the public (see Section 171.004, Texas Local Government Code). C. A city officer, employee or advisory board member shall disclose the existence of any substantial interest in a business entity or real property involved in any c:\wp51\ord&res\ethics.635/kb 11 7b-'.2, (Iihre decision pending before such officer, employee or advisory board member, or the body of which he is a member. To comply with this paragraph, a city officer or advisory board member shall, prior to any discussion or determination of the matter, either file and affidavit of disclosure as required by Section 171.004 of the Texas Local Government Code or, if not so required, shall publicly disclose in the official records of the body or of the city secretary the nature of the interest. To comply with this paragraph, a city employee shall notify his or her superior in writing of the nature of any substantial interest he may have in a business entity or real property which would be affected by an exercise of discretionary authority by the city employee and such superior shall assign the matter to another employee. L SECTION 5. ENFORCEMENT • A. The City Council shall have the primary responsibility for the enforcement of this code. The City Council may direct the city attorney to investigate or prosecute any apparent violation of the code or it may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations of this code by one or more persons. At the direction of the City Council, the city attorney shall have the power to investigate any complaint, to initiate any suit, and to prosecute any action on behalf of the city where such action is appropriate. B. Any person who believes that a violation of any portion of the code has occurred may file a complaint with the City Council who may then proceed as provided in Le paragraph A above. However, nothing in this code shall be construed to prevent c:\wp51\ord&res\ethics.635/kb 12 71 —/3 complainants from instituting direct legal action through the appropriate judicial authority. L. c:\wp51\ord&res\ethics.635/kb 13 ,/ SECTION 6. ADVISORY OPINIONS A. Where any officer, employee or advisory board member has a doubt as to the applicability of any provision of this code to a particular situation, or as to the definition of terms used herein, he may apply to the city attorney for an advisory opinion. The officer, employee or advisory board member shall have the opportunity to present his or her interpretation of the facts at issue and of the applicability of provisions of the code before such advisory opinion is made. B. Until amended or revoked, any advisory opinion shall be binding on the city, the City Council, and the city attorney in any subsequent actions concerning the public officer, employee or advisory board member who sought the opinion and (lar acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. Such opinion shall not be binding in any action initiated by any private citizen. SECTION 7. PENALTIES; FORFEITED POSITION; EXEMPTIONS; INJUNCTIONS A. Except where otherwise provided by state law, it is not the intent of this code that violations thereof be subject to criminal penalties. B. Whenever the City Council has determined that any officer, employee or advisory board member has violated any provision of this code, such officer, employee or advisory board member shall be subject to discipline, including forfeiture of his or her office or position. Nothing in this ordinance shall be construed to prohibit such officer, employee or advisory board member from being re-elected, c:\wp51\ord&res\ethics.635/kb 14 7Li&3 reappointed or otherwise rehired to any position forfeited under the provisions of this code. C. The City Council may exempt from the provisions of this code any conduct found to constitute a violation by an officer, employee or advisory board member if it finds that the enforcement of this code with respect to such conduct is not in the public interest. D. Any contract or transaction which was the subject of an official act or action of the city in which there is an interest prohibited by this code, or which involved the violation of a provision of this code, shall be voidable at the option of the City Council. E. At the discretion of the City Council, the city attorney shall have the power, (lbse where a violation of the provisions of this code is threatened or has occurred, to bring a civil action or proceeding, at law or in equity, for a judgment enjoining any violation of the provisions of this code or requiring the relinquishment of any prohibited interest or the voiding of any such contract or transaction, taking into account the interests of the city and any third persons who may be injured thereby. Where the City Council determines that the public interest may best be served by not voiding a contract or transaction entered into in violation of this code, such contract or transaction may be enforced and an action or proceeding may be brought against any officer, employee or advisory board member found in violation of provisions of this code for damages, not to exceed twice the damages suffered by the city or twice the profit or gain realized by the officer, employee or advisory board member, whichever is greater. c:\wp51\ord&res\ethics.635/kb 15 7z —'e SECTION 8. DISTRIBUTION OF CODE OF ETHICS AND CONDUCT The city clerk shall cause a copy of this code of ethics and conduct to be distributed to every officer, employee and advisory board member of the city within thirty (30) days after enactment of this code. Each officer, employee and advisory board member thereafter elected, hired or appointed shall be furnished a copy before entering upon the duties of his or her office or employment and:.shal1::::s :::::::a.:,v.rri en;; te nt a knowle l ' <:::re t:>of t. ;... :. .;. :: :<.>.:. .. . the:::;ortdinance hal:!:::: ;:::furt . �'.::t I >:: ..:. ::::::: . :: -:.. :: ;;..:...:............. ..:..:..:...;...::.;•.:::.::.;.::. :;::.;.:::.. .•. :: ::::::: �.:.;;;;:.;..;:. .:.::�:::::::::�1.:::�.; ��::c�.. €car.::........1�:.;ee:::and>: dvf : ::..>::.:.o : ..:;:. . . .>:: :::,.:.�::.:.Y... :.;:.::.;:.;::.;a.:::::::a::::: ::h.:: ;; ear: year; SECTION 9. 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 10. 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 c:\wp51\ord&res\ethics.635/kb 16 7Z —i7 or section. SECTION 11. 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 12. 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 FIRST READING ON THIS DAY OF , 199 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 199 . MAYOR c:\wp51\ord&res\ethics.635/kb 17 7L /C52 • (kw ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: L L c:\wp51\ord&res\ethics.635/kb 18 70-/7' City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-143,First Reading ZA 94-85 Rezoning and Development Plan/Versailles 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 1 A and 1 A3 This development proposes 117±residential lots with a density of 1.5 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: Two written responses received within 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. * 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. Also, attached letter received 3/9/95 with additional comments. One written response received from outside the 200' notification area: (re * Charles J. Fechtel, 1216 Southlake Blvd., concerns are for the thoroughfare plan to be adhered to for porposed contiguous north/south roads without T intersections, and not to let a single development supercede the future best interests of the City. gA-I City of Southlake,Texas 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. March 9, 1995; Approved to Deny (6-0-1) ZA 94-85 Rezoning and Development Plan for Versailles. (lb"' COUNCIL ACTION: January 17, 1995; Approved (7-0) to table ZA 94-85 to the February 7, 1995 City Council Meeting. �A -2 City of Southlake,Texas February 7, 1995; Approved(6-0)to table ZA 94-85 to the February 21, 1995 City Council Meeting. February 21, 1995; Approved(4-2)to return ZA 94-85 to the Planning and Zoning Meeting on March 9, 1995. STAFF COMMENTS: Applicant has met all the review comments of the seventh Plan Review Summary dated March 3, 1995 with the exception of those items addressed on the attached eighth Plan Review Summary dated March 17, 1995. This eight submittal maintains the current roadway alignment of S. Carroll/Carlisle/E. Continental Blvd. It does not reflect the alignments indicated on the Thoroughfare Plan. Note that five of the property owners within the 200' notification area(William E.Minor,Juanita Peters,Harvey Miller,Theron Sr. & Dorthy Ragan and Sylvia Smith)who were formerly opposed to this request have withdrawn their opposition and are now in favor of the proposal. Please be aware that Timarron has submitted a development plan and preliminary plat for the property south of the intersection of Carroll Avenue and Continental Boulevard. A copy of the development plan is attached. Recommendation for denial of this request by the Planning and Zoning Commission necessitates a super-majority approval vote by Council. KPG/bls L G:\WPF\MEMO\CASES\94-85-ZD.WPD 8 A L 3-9-95 TO: City of Southlake Planning and Zoning Commission FROM: Steve and Brenda Ryan 1000 S. Carroll Southlake, TX 76092 RE: ZA 94-85, Rezoning and Development Plan of Versailles We would like to begin this letter by reminding the Planning and Zoning Commission and city officials of the difficulty our schools are having keeping up with the rapid growth being experienced in Southlake. From our understanding, there are at least four new developments (including Versailles) either taking place or trying to take place in the same general area (south of FM 1709 , north of Continental Boulevard, east of Carroll Avenue) (approximately 331 dwellings) . Timarron itself is growing by leaps and bounds . It appears that keeping up with this growth is going to get even more difficult since the CISD has not even (kw purchased land for the next proposed school site in the southeast quadrant of Southlake . We also would like to emphasize once again our concern regarding the streets and how the city is going to handle increased traffic in this part of Southlake if the subject development is approved. Are plans underway to reconstruct Carroll Avenue, Brumlow Avenue, and Continental Boulevard so that they can adequately handle increased traffic in due time? We are appreciative to the developer of Versailles for relocating the South Carroll entrance into the development so that it is not located directly across from our residence. We are also appreciative to the developer for agreeing to place the construction entrance along Continental Boulevard. We are also very much in favor of the public park planned for the development. L sa-� L However , we are still not in favor of the type of screen fencing planned for the outer perimeters of the development. We would like to stress that when we chose Southlake as our home, we chose it for its rural atmosphere and one-acre minimum lot size. We have enjoyed our view of open country and horse pasture for 14 years now. It does not sound appealing to have that view changed to a screening fence and the back sides of what will probably be two-story dwellings . But, if that is what has to be, we suggest the use of 100% masonry in combination with green landscaping in lieu of the planned fencing illustrated in the current drawing. The developer is not in favor of this. Other options which might be considered to solve this are: a. Locate the planned public park directly across from our residence instead of a screening fence . b. Divide those lots along Carroll Avenue so that the size of each is more comparable to the size of those lots located along the west side of Carroll Avenue (1 acre minimum) . At the (hilape same time, position those lots located along Carroll Avenue so that the dwellings to be built on those lots face the west (our residence) instead of east . Suggest the developer look into the new housing development currently under construction on the east side of far North Carroll Avenue where those dwellings are being built to face west with no screening fence. As we all know, Southlake is quickly losing its rural appeal . We would like to encourage the Planning and Zoning Commission and city officials to do everything possible to make developers heed strict requirements to slow this loss of rural appeal while at the same time consider how our roads and schools are going to handle this growth. Sincerely, ` -1--1 Steve and Brenda Ryan 1000 S. Carroll Avenue Southlake, TX 76092 (817) 488-0351 L I5p5 t Y_ J Ill 11 I sit -tar z u -- Taa PR ST DI It11 fc 1 (kW IA• (1411.8.al 1 VI .I I I xn il 101A ■I '-----As 1D (r u I rw) IAl. r un fanw.+a R,e. I ALE!� 7F U I 7 I 4C p --_ ... �OSUB __ —1t11♦ Al � A IV 0. ,� 94. flri '" lit _ I — U I / • 11 K _ ,I/ IrL 1 I� �' 14 y 1 g 1 I ; . _ g m EA 21 Ate W. aalGHT I JONI A. FI 0Ar` 71M,fv A-4.- .1d falfr Ate• N •I,, • Io 1 4.4 -- i) fAl 1 1. , _ 4C 1 Alpo OI y J.W. HAIL, a..w,C A-•q./ {A1 / III p II iA , / MI ' U m 20 I 11� I en w l �+t�A �, t�.., I t y 1 IA.� I i ( ' I w U1 rr11 wt xI 11I K Z kW —71121 �0 K • I r I IN It ; �1 1 I ,iq in IF r 1 1 1 Ilil- - - 1_�.i�-- -.-...C-=s I U A 1 1 N 1/1 1A £A V y - to Sir III AT...... IL ti� MI I � : : 1 ��s� '1.11II � 11 1 11D 1 ; -w1 1MI >� Itilt, _ I I i � g el i1O(LLW G3WO l-,TN till .4' ,r Satw I 'WI MiV.IIErEallik 1 ^� I a.' EARN r l i 1a rl/ K A-�' �� ,c, >x� =7A 1 HARRI3O DECKER f, I I kie,. .... i XI NC Ittied. '° TRACT MAP _.� I I' SA-to 5 ,� . E • I sms'" 1 2$ —1 E . A . 3e9 1 I — — — — — I SPIN#8 REPRESENTATIVE: MULLER I 2 . "SF-20 I I I E.A.Smith TR 1 8.91 AC C.Prade \\I\' "SF-20A" i e ` LE T.Ragan P.Schell. TR 1A A" •'8 35.0 AC I � I clocker LP"' �a0 't TR ( - Rucker,LP. -— L J.Peters I '� _ C I 1A3 TR 1A26 .W.Minor` ' .03 AC 35.• AC ! c T.&R Barrett r, r4 "P.U.D" _� A2 g 1 139 Q LarronI H.Miller N.Pond ' " o �� I �.. X o Carroll Road Baptis ll ' NALY .UR803 TR of N.Brown "AG" A w S.Ryan cn - ., J cc . ...r !. TR 1A U 4 01 AC "SF-20A" R a: 6 1 8 1 Tc : • 2� 1 1 >< g � ELT>\ E (I right i r WI so I 'U.D." uw Timarron Land Corp. L i C o .aX "P 0 Th _____J I ° - TR it 181 182 • 1 1.0 AC ADJACENT OWNERS TR 1A ML/1 ✓� L 1Y AC t^ 'LUMAN�S 'AC5 TR 18 II, AND ZONING gA_ • Iglaill +*nn 7 L ,i 1 ..J a_ C ry aaJ hn1 " tzt D r. #n.roww..., lit-Ira!' s. 0 ,Q .1 t o--a Fp s ] _ v - , fI I u j: i: I 1E8.E. 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PU.J -"" "m.-i. . - ,.. _ . in - -,- .41 vhi :L 111 I \ o d ; ¢ aYT a; • ., i 14.4 aY M en\ 0,„ SA_I0 cA a City of Southlake,Texas PLAN REVIEW SUMMARY Case No: ZA 94-85 Review No: fight Date of Review: 3/17/95 Project Name: Development Plan for"R-P.U.D." Rezoning Request for Versailles,being 78.046 Acres OWNER/APPLICANT:J(ercho Kochweop Partnership 3825 Lake Austin Blvd.. Suite 504 Austin.Texas 75225 ENGINEER/PLANNER/ARCHITECT: Carter& Burgess.Inc. 7950 Elmbrook. Suite 250 Dallas.Texas 75247 'hone: Phone: (214) 638-0145 Fax: (214)638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/13/95 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. Development Plan does not conform to the Thoroughfare Plan with regard to the South Carroll/Carlisle street connection. 2. Staff recommends that Street'N',the street stub into the north boundary line,be aligned with Street 'L' or be located at the center point of the north boundary line. 3. Change "Approved Preliminary Plat Napa Valley Estates" to "Approved Final Plat Napa Valley Estates". 4. The lot configuration for the "Proposed South Hollow" has changed. Please show current configuration of lots and streets within 200'and label the lot/block numbers, street names,etc. (copy enclosed) 5. Although it appears that the offset between Street 'E' at Carlisle Lane, and South Hollow Drive, located in the proposed "South Hollow" addition, is greater than the minimum 125' offset requirement, staff would recommend that Street 'E' be located opposite South Hollow Drive. The centerline of the proposed street should be approximately 410' north of the centerline of East Continental Boulevard. C- City of Southlake,Texas * The applicant should be aware that landscape and irrigation plans must be submitted with construction plans for approval and all required fees must be paid. This may include but not be . thP'1 limited to the following fees: Park Fee, Perimeter Street Fee, Water and Sewer Impact Fee, and related permit fees. * Denotes an informational comment. cc: Kercho Kochweop Partnership Carter and Burgess Versailles, Ltd., 8333 Douglas Ave., Suite 1300, Dallas,Tx. 75225 (00, end: Preliminary Plat- South Hollow G:\WPF\REV\94\94-85 DP.WPD 8A-►z IN ! IJIJIBIlI qj !it l II! I tit• r'Irl U flu , tit ,I lq!} tt ; 1�i s fill t 111111 A t !I °13 , '11 `t ll! 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I i fi li 111 a 4 L'i-ESEEEE. • t 2b / vs g u 1= Le, , g g 1 g ill i 1 1 Is 11 1 fq Igo . 1 . ,_______ 1 i IN IPAi7.---- --a--- 1 1 1 1 li 11 1 li 2 , 4 4 4 4 • .. • 1 - ' CITY OF SOUTHLAKE, TEXAS 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 � s� � 3 SAND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM DIM 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 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"SFl �ry ResidentialD.st ct=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 G:\ORD\ZONING\480.143 Page I A-lq (kw 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 (limpe 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: G:\ORD\ZONING\480.143 Page 2 SSA-�S Being a 78.446 acre tract of land situated in the Lw?itigo'i,s000ykhoitgooi,013,04 Topiamamkialand more fully and completely described Exhibit"A" attached n> t hereto and incorporated herein from� ��� to "R4,t-i "R n1441Plani*[ nit Dev to ine l i ttct,�, i on e approved Dev+ lop ment '.lan ate zed':hereto anc inc�rat i� `bit"B, 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 G:\ORD\ZONING\480.143 Page 3 SSA.. to 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: (11bre CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY (Pe' G:\ORD\ZONING\480,143 Page 4 $A-n APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L G:\ORD\ZONING\480.143 Page 5 8A-it EXHIBIT "A" LBEING A 78.05 ACRE TRACT OF LAND SITUATED IN THE J. W. HALE SURVEY. AB STRACT 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 Coe '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 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; (kir' GAORDAZON W41480.143 Page 6 kA•I1 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°14'05'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 (1116., 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. L G:1ORDAZON!NG',480.I43 _ Page 7 EXHIBIT "B" liyg' li 11 1 1 fat 4'g tt t 1'i IU d 1 t 1.1 1 fi f1,' t.i.ir W f:l 1` IP tit 11 G 1� •11111i S 1 .1'44 3 l. id atll 1�l 041 ;lj 1 ill fat I1 III It d '11 "Y i tf¢ + E � ili h'L 1fdr iililit( i11liO agn W qq1 1 a. ty ! o a(!6 1 `1 ill., 11fti flsi ,� ! i1 -I, . . Q $ _=i9� `sts311 !i ii1 i 1 t( 11 W ?lip l tll t tIt;t tail tt•1 1 1 :le W $Q o$ n �e-a 1j 1 f1 1 1t tt 1 t 1 file(. ill- i ¢ _!, . Fl ll 1 �� i 3 fl 't J o 0 obi m Y1 . W r : i ( r f m^ � x�1-1 1 ! i 1 11 wi ll :��tt •°1l1 9 N " g..3 � 'jtP §)t ! �� 11ti • z pt• , 15 4 illof t !! •! 1 _ �itp1i �ii j5f :!� II it'll p�t�lEE�` p�1E1��11 pp`'�i i cr S > _ • 5�, p, :, _13i11il1i Milli l•1lt %1� 1:.3 i it E!:11 $i1!! %l.t.l1 111'A LL • ;i la hi itu:1 ilif jl l 1 t(a l ' I ! t 1 . . 1 • 't( III ! Icilli t111 1 ; 1i111 111 f, leIiji jt1 .1 ! lli I . $ . . e . 1 1 l 1 1: !,1 l i t l 0 l 1 11 l i d 9 f (4 ( t 111i1` if !! 1 iII t! It Y [[[[ 31i FK g �. 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I. gt ikOv.,1,$yff., g1I!IV ( 1 IL I Ill t 3 '4,11111 4/11,111till" /10 I ; ID 11 4:37*—z (I i VdJ -Esi.•ik �� o r 1 _/ a S _iliiil 3YI rfL�n.l. ..In.0 2 1f 1 2 2 i' . .a.0 ! e. -it .{.... err a 1 q�y^,w �...^ a" hI s1 ;s 'igr P-1 b g, '0 r Y .p : l•fil 1 ��wy 11 R X l L ,,x ¢ a4 1 s yA I d: t.�r �V1r e�i�rfY��-gt f -Ji fT �4I8� :e � 3 cola. # ie. • j:l l�:f • ,\ 1 I' I I N3 7 • q 1 1. 1 ,14 B 11 ; 1 1 • - s g p II - 1 1 II " �I # ' }�f _ : 0 , 6i� a fa l !i 41t� f . 41 1 1 =1 I 1§ iii 5 °I WAVA V / 1 :I 1 il leg 1 8 4 I ; . .aia li g (sow, i, . , _ - R 1 I . li „_______ 2 1 I I ii Ii I !! !Mill 11 ii -- 4:440N.A4 —__ l r r r r r r r 1 Ordinance No. 480-143 Page 8 GA-2( City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-03 Concept Plan/South Hollow REQUESTED ACTION: Concept Plan for South Hollow,being 33.12 acres situated in the J.A. Freeman Survey and the J.W. Hale Survey, Abstract No. 803, Tracts 2A, 2B and 2C LOCATION: North side of E. Continental Blvd., East of Carlisle Lane, and South of Rainbow Street OWNERS: Norman and Norma Brown,Dorthy M. Rockenbaugh, and Joe Wright APPLICANT: South Hollow, Ltd. Lie CURRENT ZONING: "SF-20A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Fifteen(15) RESPONSES: Six written responses received from within the 200' notification area: * Theron Ragan, 1512 Rainbow St., in favor. * Marvin Kercho, by Bill Kochweop, 115 Rivera Dr., San Antonio, opposed; subject to further review of roadway plans and alignments of this development and review of the City's arterial plan for Carlisle Lane. * Juanita Peters, 840 Carlisle Lane, opposed; with Versailles to the West and Napa Valley to the North, another subdivision will cause too much congestion and be too much for Carlisle Lane to bear. * Southlake J.V.,Nat Gibbs, RR1 Box 20, Saltillo, Tx; in favor. * Timarron Land Corp., P.O. Box 290, Dallas, not opposed; see attached letter. * William& Janice Minor, 860 Carlisle Ln., opposed; 1)Versailles, Napa Valley and South Hollow will empty into Carlisle Ln.,2)their property will be boxed in and they will be more vulnerable to theft if Versailles is approved, 3) three developments at one time will Cior create a hardship on them, and 4) the three developments will destroy the country atmosphere. gg-� City of Southlake,Texas &P Z ACTION: February 9, 1995;Approved(6-0-1)ZA 95-03 Concept Plan for South Hollow subject to the Plan Review Summary dated February 3, 1995, amending item 5D to provide a 12' x 150' transition right-of-way dedication for a right turn lane on the North line of Continental Blvd., and amending item#7 to connect Avondale to Rainbow Street to the North. COUNCIL ACTION: February 21, 1995; Approved (6-0) Applicant's request to table ZA 95-03 Concept Plan for South Hollow to the March 21, 1995 City Council Meeting. STAFF COMMENTS: The Applicant has met all the review comments of the first Plan Review Summary dated February 17, 1995 with the exception of those items addressed in the attached second Plan Review Summary dated March 17, 1995. Written opposition appears to be in excess of 20% of the land area within 200' which necessitates a super-majority approval vote by Council. KPG/bls Live G:\WPF\MEMO\CASES95\95-03CP.WPD TSBZ ib 110: bi t MUM Mitzi 11. LMNU UZVhLU t'Cte.im • tFE'R p !flL..1.. ...... _ 81945 -rIMARR. 0N February 7, 1995 VIA FACSIMILE Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: City of Southlake Master Thoroughfare Plan Dear Curtis: We are in receipt of notification documents for zoning Case No. ZA 95-03 (South Hollow Subdivision) . Upon review of the enclosed information, we noticed that realignment of South Carroll Avenue, Carlisle Lane, and Brumlow Avenue, as shown on the City Master Thoroughfare Plan, has not been honored. Furthermore, we • (hIme understand that the City is considering abandoning the realignment of South Carroll Avenue within the Versailles developments. Timarron Land Corporation has no objection to the proposed South Hollow and Versailles developments, nor would we object to the abandonment of the realignment of South Carroll Avenue if the City so desired. However, if the realignment is to be abandoned, we believe that the City should fully consider all options regarding this issue and the associated ramifications. • We will be glad to assist in your evaluation and are available at your earliest convenience. S ely, Ste E. Y tts, P.E. Project Engineer SEY/ers cc: R.L. Croteau A.C. Freeman fo\legal\private\tm\hawk-amd.ltr L 4 `<,;p S\- sK - toK I.K ,/GR‘i _._ ' ELENENTARY HtV0: :jIjI L - ...-, ,� a.>K - , ,. \ t1GH1V01I00 '' -.z•_, Ct1t 'r-it,' (T —ao�F TES• {I - YI.i�une CAI s7 ilMilIER C`'RROL` IC pC�fhffH�k.rl�,—us �-7 N'' �itK�l:'nI� al— f. 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LL 't�DLIPd I `f «w.0 x,.. f! --s"„ `�", �iile--- ., A1)�jON 1tw,r. ._.,, I - I _0. _ - I 11.5g he 1u »w • ----- ----� J M We At HOLLING3WORTH , ' ®A EYT act aw IC =�I HA984$I3O DECKER nK G 1A1 C ..�. a, 1AN su 5-rAD1�M s\� TRACT MAP 1ANG ��� • ��`� A, OAKJ 1 f 1l,r. Kv- m of // tee A. "'a At 7Vu"t 041 1-PLIIy `11 a.E It , ! I , , i JD VV Spin Representative Pamela Muller (kii.e _ _ A , SURVEY A —803 T. Ragan SF-20A 1 6 A 1 SF-20A RAINBOW ST. C.Hood J. Peters SF-20B SF-20A 2C1 SF-20A M.Kercho W,Minor Southlake Joint SF-206 G.Foster I Venture : j: Ac ' SF-20A 6B 3 ZC.Nelson 1A SF-201i 6B2 z 0 1 " 3.4 c Lir+ _J w (—A__ ..-*\ )5,,,,_Ln. . • I, r , J.Wng 1 A AG— , 1 2 F y i-1 2P1 i C.EmeryiA B / S. Haynes 1 E Timarron R. Hitt e) S. AG Land Corp. U �� 6.3 Ac 1 t R-PUD M -' 1 F I-1 2 • 1E Li I 1 I I . I.IN\ D > 11 —L., ADJACENT OWNERS 1 1D AND ZONING 11 HARTS F-- 1E o I �s13.5 �' 1 E /� F- ry 5 I 1E City of Southlake,Texas (hine PLAT REVIEW SUMMARY Case No: ZA 95-03 Review No: Two Date of Review: 3/17/95 Project Name: Concept Plan -South Hollow.33.12 Acres in the J.W. Hale Survey.Abst.#803 OWNER/APPLICANT: ENGINEER/SURVEYOR: South Hollow Ltd. Hoffpauir Planning Design 3129 Lake Drive 2201 Windsor Road East $outhlake. Texas 76092 Austin. Texas 78703 Phone: (817) 329-1092 Phone: (512)474-7560 Fax: (817)424-0884 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/27/95 AND WE OFFER 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 DENNIS KILLOUGH AT(817)481-5581, EXT. 787. 1. Label the owner, existing zoning, and Land Use Designation(L.U.D.) for all adjacent tracts of land within 200' of the project tract, including any tracts across adjacent rights of way. 2. Describe the overall project tract in one metes and bounds description(inclusive of any right of way dedication.) Reference the current record owners and corresponding deed records for each tract in the preamble. The P.O.B. should be tied to a survey corner, previously filed subdivision corner or USGS monument. 3. Label the bearing and distance of the northerly east boundary line and the bearings along the north line of the project tract on the graphic. The bearings and distances labeled on the graphic should match the metes and bounds description. 4. The following changes are needed with regard to rights of way : A. The interior boundary of the right of way dedication should be represented by a light solid line, and lot lines should not extend into the right of way dedication. B. Clarify and label exiting right of way widths, traveled roadway widths, and centerlines for East Continental Boulevard, Carlisle Lane, and Rainbow Street. C. Delete the "84' R.O.W." label for East Continental Boulevard. East Continental is not an existing 84' right of way. D. The Thoroughfare plan indicates East Continental Boulevard as an 84' R.O.W. which requires a minimum R.O.W. dedication of 42' from the centerline of the apparent existing R.O.W.. If the opposite side has already dedicated R.O.W. per the Thoroughfare Plan, this project should show a R.O.W. dedication which provides for the ultimate required 84' R.O.W.. City of Southlake,Texas E. Place the following note on the face of the plat regarding street name changes: (be "0 - Indicates street name change. " F. Change the street name "Waverly Court", located south of Lots 9& 10, Block 2 and north of Lot 16, Block 3, since this is not a "cul-de-sac" street. Please note that the name Waverly Drive has already been used. * Although there are a few lot lines which are not perpendicular or radial,they appear to meet the intent of this requirement. * Staff recommends that the applicant review the layout of Lot 16, Block 3, to see if there is sufficient buildable area within the setbacks. * Staff recommends that the bufferyards be dedicated as "common areas", outside of lot areas. * Provide the deed record volume and page for the Diamond Shamrock easement. * Provide a 10' Utility Easement outside of and adjacent to the west line of the Diamond Shamrock Easement, rather than the 5' Utility Easement located within Diamond Shamrock's Easement, or acquire permission in writing from Diamond Shamrock Corp. for the currently shown 5' utility easement. * Delete the 5' utility easements along the rights of way. * Utility easements designated for electric must be a minimum of 10' in width and may be centered on property lines. * Easements designated for water, sewer, and/or drainage must be a minimum of 15' in width and offset into one lot. * All lots should have a minimum lot width of 100', a minimum lot depth of 125', and all side lot lines should be perpendicular or radial to the right of way. * Delete references to "Entrance Signs". Separate permitting is required for any signs. Please note that the sign shown would not be allowed by current ordinance. * Although not required by ordinance, staff would appreciate placing "Case No. ZA 95-0 " in the lower right corner for ease of reference. * Denotes Informational Comment cc: South Hollow Ltd. Hoffpauir Planning Design G:\WPF\REV\95195-003CP.WPD Q i iiii1 yIII 1 IUUI ii hP1 jI tit Ili'5 + .igg 1 tt; t : it( � .I��� Tn E iTii �t ( 111 6„, t .t. EEEtL t unn\\ ���11i11 414 t 9 , 1 E� iEtt taf t Ail Ili Il' ;Ii i Er S .1! 1 : 1 Ili i � Carlisle Lane fit 2•1 �:t t t t 4t ;; ; ; E # li 11 ir` he/%�� liniP- "' 1:1 I lot;ill '1 ; rill I! ; t E i !I ic ' ii �����. ICI i t IIIlP'744, 7,,, o i i t � t i 5j � t � : �r �AN:. E --lip t t i It ft I ft 11. Ill fi i t , i .k l - 40- 1 I Avondale Drive - 0\ Isp i i r _ .am t� ed£ q • Q b 4 r _._ A a Lv N�r•GGOOMMoo I_ - -- . l -cr°t.a. calbw Co,. .,.IV i X.-I-, r L _ tt re- e.r •- •tr. -;_`' __ - Y : r s, \t-"Yihr' ...R. 7. "• r„,,,..i.1 mi...,„, ,._...,., ..:.. 4., %.:4_1, qes,, " r..... :.1,igglimmik ' i. .1," 10 /' lia r•., .alai iti:Igilf n .i 14 I • , \..• I "a , Vp.- ,.... R ,... .N.\ ., ... i ,..\,, . p t� F li i'• 8 I� 1 7-., ._ - _ "_ ..... • •, - — _ _— 1. 4 , ID .........:•'r I 1. ;4 , I- 1' q= : •iSR 1_J; - r „b 4 II 4A\ 11 i• y q `` _ I li if s0,. Si � ii ( f : 3 I tilii !,�'1-► .� 5 9 [ 2Ps Liii t i 'f�� �, ... i (.... t stet EI i li ,' "3 t1 i;f y la 4 -11al 4 '°t' »: • t 13 i i} ti O y i / S s i ili°$ i I g• s i t � e 4 /91 i Hal 3 1 ,ik i f �':y 4' g t City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 95-04 Preliminary Plat/South Hollow REQUESTED ACTION: Preliminary Plat for South Hollow, being 33.12 acres situated in the J.A. Freeman Survey and the J.W. Hale Survey, Abstract No. 803, Tracts 2A,2B and 2C. This plat proposes 57 residential lots, amended to 56 lots with a density of 1.69. LOCATION: North side of E. Continental Blvd., East of Carlisle Lane, and South of Rainbow Street OWNERS: Norman and Norma Brown,Dorthy M. Rockenbaugh, and Joe Wright APPLICANT: South Hollow, Ltd. CURRENT ZONING: "SF-20A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Fifteen(15) RESPONSES: Five written responses received from within the 200' notification area: * Theron Ragan, 1512 Rainbow St., in favor. * Marvin Kercho, by Bill Kochweop, 115 Rivera Dr., San Antonio, opposed; subject to further review of roadway plans and alignments of this development and review of the City's arterial plan for Carlisle Lane. * Juanita Peters, 840 Carlisle Lane, opposed; with Versailles to the West and Napa Valley to the North, another subdivision will cause too much congestion and be to much for Carlisle Lane to bear. * Southlake J.V.,Billie Farrar,600 W.Park Row,Arlington, in favor. * William & Janice Minor, 860 Carlisle Ln., opposed; 1) Versailles, Napa Valley and South Hollow will empty into Carlisle Ln.,2)their property will be boxed in and they will be more vulnerable to theft if Versailles is approved, 3) three developments at one time will create a hardship on them,4)the three developments will destroy the Lcountry atmosphere. 453C—1 City of Southlake,Texas P&Z ACTION: February 9, 1995;Approved(6-0-1)to table ZA 95-04 Preliminary Plat for South Hollow at Applicant's request to the March 9, 1995 Planning and Zoning Meeting. March 9, 1995;Approved(6-0-1)ZA 95-04 Preliminary Plat for South Hollow subject to the Plat Review Summary dated March 3, 1995, deleting item #6D regarding R.O.W. dedication on Carlisle Lane; deleting item #6F regarding R.O.W. dedication on Rainbow Lane; deleting item#10 regarding bufferyards dedicated as common areas; and adding an additional item #11 changing Waverly Ct. to another name. STAFF COMMENTS: The Applicant has met all the review comments of the second Plat Review Summary dated March 3, 1995 with the exception of those items addressed in the attached third Plat Review Summary dated March 17, 1995. KPG/bls • Lo' G:\WPI.IMEMO\CASES95\95-04PP.WPD •k iyy I EF2y ELEMENTARY N1G e —— c - . v k a, -- .„roll!. ('Bt\\•; s k�{1,Y4 �I � GCJr p0.--- '. lE5 3A1,�f Yln Y,A Q'7N Nlpt :A7 i1� x y1 _ '21G"'DU,ION / IItgri 1 gl1St;pR. 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MIA MI I ��� SI I ' E yy 1 1. V v; K - 4 I IAr W III {L _ -;.)..--6.-_ y ` ' r r +. ' M a wl lJ ¢ 8'• NES . �''r GREEN Gy¢ Lk T K+ pRK i \1 M ► '�rT �j v ICJ P 1` 1, I — 3 f�,liti. RaeDONAL 1 111111111111 1-' I\ 11iM LAST W.TKM 11L`J _ _----- '1--- __--- -- T -�-• •.9ATKr A_,WJ HI) ------ - - T - _, [ to ,A ,1, ; ,1 el -- ,L V ,( !1: IA ...11., ,q ❑j I `'•"2'. �_ I R K r .. 6.1 k 4 r. ,� • ,Se k I ` _ 1 1 • 1`; - ,L '4"7,44, 'till ' `., _LAI ,- ,W — I7 A A _/ ppRJJJ�' w� � FINp�IoN e IMM k III ) l WWI -Ill 11• pDD ,AI IA • AMKY •-al I ,ill k I EA I 31 H k w e-.. .'- , "r 1 —_ 1A I A!)t k .0 W . _ eue k HOLLINGSN ARTH I I 1111 "' "" AI • —___ __—� I 'e ErA IAI l (00.., µ] ETT H RRI3OR9 DE 4 HER a k VA 1 EA ETT\ \ 7VT 71\ f X I 9 rKY .-Ii — p ,ATL. M TAo"M ^ 1 G 5 o n' It `D TRACT MAP1�p� - K� � 1�� \ V J 1{ l\ — — 7f vigil .I I! ' -- lig,' t I to 2 /\ ' -', n� 5 EJ1 3AI \`_�� ,O! "�A, J IINVV �Kv^ /�/r l 'IMN:I`t't) --- ej_ --. /cif VVV��_ 1 ' `\ L`4I l 'i I{IL 1 • _ Spin Representative Pamela Muller Jo1►�VoA , , (....... SUR VE Y A —803 T. Ragan SF-20A ' 6 A 1 SF-20A RAINBOW S T. C. Hood J. Peters SF-208 - SF-20A 2 C1 SF-20A M.Kercho W. Minor Southlake Joint r G.Foster Venture SF-20B •SF.208_ 6. 3 A c ' H.Miller 1 A 2 SF-20A 633 ZC. Nelson 1A SF-20B • 632 zNi L w Q U ( y �/ J.Wrig 1 1 A AG--II I " L[ y 1-12 1C.Emery S i S.Haynes `i r Timarron R.Hitt �) �� y AG Land Corp. U l°'- 6.3 Ac R-PUD J / J i ` 1-1 1E 2Li _ I I , I . I.\\ ) . 1 ' --L,` ADJACENT OWNERS 1 1D AND ZONING if HART I— 1 ` I -4 c) 1 E 0J 10 /\ 1%` il 3 5 11E City of Southiake,Texas PLAT REVIEW SUMMARY Case No: ZA 95-04 Review No: Three Date of Review: 3/17/95 Project Name:Preliminary Plat-South Hollow OWNER/APPLICANT: ENGINEER/SURVEYOR: South Hollow Ltd. Ioffpauir Planning Design 3129 Lake Drive 2201 Windsor Road East Southlake, Texas 76092 Austin, Texas 78703 Phone: (817) 329-1092 Phone: (512)474-7560 Fax: (817) 424-0884 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/15/95 AND WE OFFER 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 DENNIS KILLOUGH AT(817)481-5581, EXT. 787. 1. To increase legibility, deleted the proposed paving from the preliminary plat. 2. Label the owner, corresponding deed volume and page, and existing zoning for all adjacent tracts of land within 200' of the project tract, including any tracts across adjacent rights of way. Change the "Approved Preliminary Plat, Napa Valley" to the "Approved Final Plat, Napa Valley". 3. Describe the overall project tract in one metes and bounds description(inclusive of any right of way dedication.) There should be only one P.O.B. . Reference the current record owners and corresponding deed records for each tract in the preamble. The P.O.B. should be tied to a survey corner, previously filed subdivision corner or USGS monument. 4. Label the bearing and distance of the northerly east boundary line and the bearings along the north line of the project tract on the graphic. The bearings and distances labeled on the graphic should match the metes and bounds description. 6. The following changes are needed with regard to rights of way : A. Clarify and label existing right of way widths, and centerlines for East Continental Boulevard, and Rainbow Street. B. The Thoroughfare plan indicates East Continental Boulevard as an 84' R.O.W. which requires a minimum R.O.W. dedication of 42' from the centerline of the apparent existing R.O.W.. If the opposite side has already dedicated R.O.W. per the Thoroughfare Plan, this project should show a R.O.W. dedication which provides for the ultimate required 84' R.O.W.. • C. Show the right turn lane along East Continental, which extends east from Carlisle Line, as "right of way dedication" and delete the line located to south. Label the east-west distances of the right turn lane and transition. $c-5 • City of South lake,Texas D. The south lot line of Lot 6, Block 1 and the right of way lines for South Hollow Drive and ah . E. ChangeAvond thele streetDrive nameshould"Waverlynotextend Driveintot",e locatedright southofway of Lotsdedication 9& 10, Block 2 and north of Lot 16, Block 3, since this name has already been used in the development. 8. Show and label a 35' building setback line within the south line of Lot 1, Block 1, and within the north line of Lot 1, Block 3, along South Hollow Drive. 9. Provide the deed record volume and page for the Diamond Shamrock easement. * A completely corrected preliminary water, sewer and drainage plan is required with the submittal of a final plat. * Although there are a few lot lines which are not perpendicular or radial,they appear to meet the intent of this requirement. * Staff recommends that the applicant review the layout of Lot 16, Block 3, to see if there is sufficient buildable area with the setbacks. (we * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, off-site sewer extensions, and off-site grade-to-drain permission. * Denotes Informational Comment cc: South Hollow Ltd. Hoffpauir Planning Design G:\WPb1REV\95\95-004PP.WPD • II } i 4 j , ! 41 „k, 1)1 i ii.L!i t. f Ill 1l+ 1 iIj!1iIi 1I1 1 1 s Ji I{`li 4 4, ii 1 Ai„ `, r 1\�i - ".N/1A9{ I- M.•w w 4rv.y w••o! = 4.‘ Toni air.'. m - - ! • M It E i '1 '.'dwl i ty VVII ,1 E , ) I, n Ei ti t ti IONMIZiikwai • k4-\ 4 b' , ., jlrllrllM 1 IA iiI tA 44, 1 siv-sge---arty- --ur- .21111 *1 1 1111k1P4fdi,1111a1 -id i!"' \NAlw-1 ' "tu., .1 Mt MIEFIUNAll lihie_E4TPIIISIO 1 .—.- 411 '11- "'N------------- __* 1113/P--.- 1 Illnalmr% WA, ' tkniq - . C1/ 4 iAr w vw1 ! ,2 1 dAlt iv E _I e Di E r g s^'' `! ;d 5 � , ---,, ----.•cat.___ lw—— -- — — 1t u 3•'l-Na m-5!2- sl .t i ;` ,1i I ft Ii . I 1 i 1ft J11.1 t 1 (1 it fit 1111i 1 j tt �� i` i ;� ki tti 1 II This €if1 !IIi4 _! fit Ilit11 fcftII 1; sI !II1II Del ;ip1 .I1I I li ljiJ ii; 1Ill it10 ii i i 1%,z, l.; 11 '1 j1r ttci�1tifj1 i = 11 ...,,p, hil t tli 1tt;i ii1; m b�tbp;, *P i1� III%1flJI) LiJ 1 iii f ha i -- 8 1ji 1ri1i8hin i ii�A 1111111111 SC- 1 City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-167,First Reading, ZA 95-18 Rezoning Request REQUESTED ACTION: Rezoning for 1.45 acres situated in the John A. Freeman Survey, Abstract No. 529, Tract 2C LOCATION: 2111 E. Southlake Blvd. OWNER/APPLICANT: Frank A. Ritz CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "0-1" Office District LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Seven(7) RESPONSES: One written response received from within the 200' notification area: * William Craig Willan/Omega Engr., 175 Westwood, in favor. P & Z ACTION: March 9, 1995; Approved(7-0) ZA 95-18 Rezoning Request. STAFF COMMENTS: This property is within the 65 'LDN' Noise Contour and requires an Avigation Easement to be filed of record. Attached is a copy of a letter Mr. Ritz sent to George Barclay and other residents in Woodland Heights Addition. KPG/bls L G:\WPFIMEMO\CASES95\95-18Z.WPD THE (lior, ilp • • -r- ; iil 0 CO. - [SVL-3L1 If Lb , "builders of excellence" February 7, 1995 Mr. George M. Barclay 205 Westwood Drive Southlake, Texas 76092 Dear Mr. Barclay, As you may already be aware, my company recently purchased the property located at 2111 Southlake Boulevard. I will be seeking a zoning change in the very near future and would value any suggestions that you or others in Woodland Heights may have to offer. I have spoken with Don Light and he indicated that we meet at your convenience and allow me to show you our overall concept plan for the property. Although the city has designated the property in their future master plan as "C-1", we will only be seeking a zoning of "0-1". This zoning allows for professional type office (asie buildings designed to blend into surrounding neighborhoods. Mr. Barclay, The Ritz Company constructs mainly upscale housing in the Southlake and surrounding areas. We are very sensitive to the needs of residential homeowners and their neighborhoods. We have cleaned up and hauled away the unsightly home and barns that were located on the property and will continue to keep the property mowed until construction begins. I am confident that upon your viewing our design for the property, you will agree that our plans will not only blend into but compliment your neighborhood as well. 0; I ; contact you in the next week or so and see if we can coordinate a time to meet. el 6, • l 1 vie w . F a A. Ritz Vice President db/FR (km, gD-2 1205 Ira E.Woods Ave. (Hwy 26) Grapevine,Texas 76051 817-421-0032 (ire cc: City of Southlake Attn: Karen P. Gandy Zoning Administrator 667 North Carroll Avenue Southlake, Texas 76092 cc: Mr. John G. Taylor 209 Eastwood Drive Southlake, Texas 76092 cc: Mr. Dennis E. Minder 223 Eastwood Drive Southlake, Texas 76092 cc: Mr. David E. Morgan 210 Westwood Drive Southlake, Texas 76092 cc: Mr. & Mrs. George& Corrine Tuttle 219 Eastwood Drive Southlake, Texas 76092 cc: Mrs. Donna Schroctke 211 Eastwood Drive Southlake, Texas cc: Mrs. Donna L. Slechta 218 Eastwood Drive Southlake, Texas cc: Mr. Don W. Light 200 Westwood Drive Southlake, Texas 76092 L LSD -3 3A1, sA1n 111'ti�i1►l1� ���,� ♦�� 1 p11• x 'a..,,► llama -- x - 34ji ' nal» 1 IC IA mTO- �►�i111�1�►s►�la Ifitiri011111�1�/IIrI.�`��lu 11 • - 2` ��i1111111111A�':�ii�1111i�1�� . r , _ ' w11rsiru si SLX r1�::�a I .. 1 limn � 7A1 , w1,. 1•� �o: + r ■ m N- •i,• 1.IA1 >„ 1 70IA • 01 ►,�" RICH D EAD3 '" r ; . et, i____IM Pig 1 se 05- >A � I tttilitt* 111 �� THOMAS PYi•=HAW x i © ~ �1 �, . ��J ,,,,,�, ,� . 1 I © . �� 2* 2 i 71. ., eeeee 21. 1 ri, ; 11.1 ,*kial. ` ' , .j• tSWiiiiikiiiiiii mo.., ; © oinsE so x 211 I eiiirla- .a illiA I:mi" . r • '" as. WA 1 . 1ST 1 SA NORTHI4�ES7 PKWY• .S© 1 x ANIL-- r11 p x ney tAt .0 CAN •. KW I ''I. © a' et*...., ti d' Ic .�'" �'•ate:ilip.1%. 1114 3 tin . »I y, !1 2Au 2 A1A rA» :I win, 7A l iii � ti.r.'•ftwrmg7rr.••iiooppppp. x 1 p LI H JOHW A. FR•: - IX IPWWII i 3 .,� ��• • A I.V 111111 /---r•-f---- ---—--—--IT——-- I 1 „ •,, J 71 m imilibluc.1 r I 110W 110• 11 I TRACT MAP j' 1 , it, 1. 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O (live CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-167 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 BE1N ' .`“ � , t� SAND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM r; ci> _F.1a 7 TO K' c 1 4 71 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 AL ORDINANCES; PROVIDING A SEVERABILITY CLAU ; PROVIDING FOR A PENALTY FOR VIOLATIONS HE'"OF; (bp, 'ROVIDING A SAVINGS CLAUSE; PROVIDING FOR P LICATION IN THE OFFICIAL NEWSPA R; AND PRO' I ING AN EFFECTIVE DATE. WHEREAS, the City of So thlu ake, 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 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\480.167 Page 1 Qp_c (ipe 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, (re is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: G:\ORD\ZONING\480.167 Page 2 • Being a 1 acre tract of land situated in the rrtan y b c Ito 5 d more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from`!A4",, uzl ,, to '®0, fft �tsiricti 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 L, 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:\O R D\ZONING\480.167 Page 3 L 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\480.167 Page 4 �D9' LAPPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L G:\ORD\ZONING\480.167 ,^ Page 5 gD-' V • (mille EXHIBIT "A" BEING a 1.45 acre tract of land out of the JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, situated in Tarrant County, Texas, and being a portion of that certain 80.0 acre tract of land as conveyed to M.J. HOLLIS, by Deed as recorded in Volume 361, Page 375 Deed Records, Tarrant County, Texas, said 1.45 acres of land being more fully described by metes and bounds as follows: BEGINNING at a point located in the North line of the referenced FREEMAN SURVEY and the same being 820.0 feet West and South 00 degrees 40 minutes West 20.0 feet from the Northeast corner of the referenced HOLLIS 80 acre tract; THENCE East and at all times being 20.0 feet South of and parallel to the North line of said Survey line, 111.22 feet to an iron rod for corner; TFJENCE South 00 degrees 40 minutes East, a distance of 567.5 feet to a 1 1/2 inch iron pipe found for corner; THENCE West, 111.22 feet to a 3/4 inch iron rod found for corner; THENCE North 00 degrees 40 minutes West, a distance of 567.5 feet to the PLACE OF BEGINNING, and containing 1.45 acres of land, more or lees, and being the same land as conveyed by LUKE THRASHER and wife, LELA THRASHER, to LESTER H. THRASHER and wife, OPHELIA THRASHER, by deed recorded in Volume 2556, Page 152( Deed Records, Tarrant County Texas. Save and Except: All that portion of above property as described in Agreed Judgment in favor of the State of Texas in Condemnation Suit #17-129535-90 described as follows: BEING 0.041 of an acre of land, more or less, situated in the County of Tarrant State of Texas, and being out of the JOHN A. FREEMAN SURVEY, Abstract No. 529, and being part of a tract of land conveyed by OPHELIA THRASHER to WAYNE E. HOWELL and wife, LENA MAE HOWELL by deed dated October 10, 1984 and recorded in Volume 7976, Page 70 of the Deed Records, Tarrant County, Texas, which 0.041 of an acre of land, more or less, is more particularly described as follows: BEGINNING at the point of intersection of the proposed Southerly right-of-way line of F,M, Highway 1709 with the East line of said HOWELL tract, said point being 65.00 feet Southerly of and at right angles to centerline survey station 408+73.54, and also being North 01 degrees 02 minutes 46 seconds West a distance of 553.09 feet and from the Southeast corner of said HOWELL tract; •• 1) THENCE North 89 degrees 53 minutes 01 seconds West along the proposed Southerly right-of-way line of said F.M. Highway 1709. a distance of 111.30- feet; 21 THENCE North 01 degrees 04 minutes 06 seconds West along the West line of said HOWELL tract a distance of 14.55 feet to a point in the existing Southerly right-of-way line of said F.M. Highway 1709; 3) THENCE South 89 degrees 53 minutes 32 seconds East along the existing Southerly right-of-way line of said F.M. Highway 1709 a distance of 111.30 feet; 4 THENCE South 01 degrees 02 minutes 46 seconds East along the East line of said HOWELL tract a distance of 14.56 feet to the POINT OF BEGINNING. L G:\ORD\ZONI NG\480.167 Page6 8D-1) City of South lake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-168,First Reading,ZA 95-19 Rezoning Request REQUESTED ACTION: Rezoning for 6.0 acres situated in the Christopher Dart Survey, Abstract No. 2003, Tract 1D LOCATION: West side of N. Peytonville Ave., 300' South of Brittany Ct. and approximately 475'North of Plantation Dr. OWNER: Joan Crowe APPLICANT: Graham Associates, Inc. CURRENT ZONING: "AG" Agricultural (tiF•, REQUESTED ZONING: "SF-lA" Single-Family Residential District LAND USE CATEGORY: Low Density Residential/100-Year Flood Plain NO.NOTICES SENT: Seven(7) RESPONSES: P&Z ACTION: Two written response received from within the 200' notification area: * Michael J. Costello, 1862 N. Peytonville Ave., opposed; see attached letter. * David A. Wirtala, 1852 N. Peytonville Ave.,undecided; concerned that the drainage ditch may be altered and more water run-off will come onto his property; also concerned that the buildings will alter the drainage as has happened from the Plantation Drive houses. March 9, 1995; Approved(7-0) ZA 95-19 Rezoning Request. STAFF COMMENTS: Written opposition appears to be in excess of 20% of the land area within 200' which necessitate a super-majority approval vote by Council. (...„ KPG/bls '&.--1 G:\WPF\MEMO\CASES95\95-19Z.WPD (kr 1862 N Peytonville Southlake TX 76092 March 6 ,1995 MAR G 71995 a A-95-- OA° 1 Dear Zoning Commission, I am opposed because the Crowe family, owners of the property,have dumped trash on our property and I fear they will continue to dump more trash when they proceed with development of this property. I sent a registered letter to the Crowes'about the trash problem and have received no reply and no action. I request the zoning commission withhold zoning change until the trash problem is resolved. Sincerely Michael J Costello hart, 1 W ILL 3E UAMBLE To A7 v) ?i CAvSE L wadi. zE ov► of Tcwa/ - // a0.0 [4-) 9 0- - 't8( ziIy L CROWE DECORATORS 1502 PLANTATION DRIVE SOUTHLAKE,TEXAS 76092 817-329-6848 Fax:817-329-4560 yam, tr I" March 13, 1995 ig'i Mrs. Mike Costello Peytonville Southlake,Texas 76092 Dear Mrs. Costello: I very much appreciate your calling to my attention the construction debris on Mike's property adjacent to Joan's property. This debris has apparently been there since construction of the home in the spring and summer of 1987;and, pursuant to your request same has been removed. In the future,please feel free to telephone me should such a problem resurface. Sincerely, RICHARD H. CROWE JR • MANAGING DECORATOR cc: Karen Ghandy City of Southlake Southlake,Texas L BC-3 I 1A2 BRI - Spin #12 Representative 1 A 1 Al ' .(1:11 David Baltimore i _, 1 II "SF-1A" - ' VEY A -2003 1 17 A C J. Horn/ I J. Hornick "SF-1 A 2R "AG" M. Costello Y. Meyer;, "SF-1A" ; ,. i J1 \ I J D. Wirtala "AG" cs, "AG" rl 1 I"AG" L. Farenbrook I I I I I • 0 1 i\i, , \- 1 1 \I \I i 1 ri 1 1 0 1 NJ! 1 , KN , r / I I A.1\ ON DR it I I I I r- r 1 1 1 I I I I 1 I 1 1 1 3B B1 ' ADJACENT OWNERS . Al.., AND ZONING I 5st_5 e9 (111re , 4 i . > 1¢ - W v', ' , Y_e Wi , tilt:,so'813, W ) ; i Jm:000a�N yeti r ah =1 I El m - -- — • :�"I_„' ti-----Z="=_`---- —'�•�--w--Wit_ �' 3 / le4 I \\ . 1 - ---- /`` \\ pl: �;" 5 1 / \; /: ''/ \ Y ,' , 'PO' \ i ;:t 110 (...., ,..., ,- ,,,,,,„,___ _ ,‘ s, . \ , ,. ......,, z i B 3 „,1 \\ a c-st i , 7;!\ ', ,, ' ' \ '' r il-1 o //%t w:s 1 ,` - ;I 11' ill i t o i''�/' i;� _ ��� i 11111! ti� I iii i, E �^ Jil d ; Ii r ii :Il II I -- ,. lad II l Ell a$:11 €!l �lI t 11 ,/, I1/ \ i 1= ' / /J7 1(1111.K . ,. I i I (Div CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-168 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 .! ey. "nj rer55�1:in t MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM DIORT 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; (hoe PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 'I AS, 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 ' � 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 G:\ORD\ZONING\480.168 Page 1 thavie 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 fmd 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 (we of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, G:\ORD\ZONING\480.168 Page 2 8�g is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being .0:acre tract of land situated in the sZ4hns 1D d more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from �a 116:r to VI--;fi 1510401 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. G:\ORD\ZONING\480.168 Page 3 c.••• 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 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. (Dv MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: L.. CITY SECRETARY G:\ORD\ZONING\480.168 Page 4 St—10 L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L G:\ORD\ZONING\480.168 Page 5 E-» (raw EXHIBIT "A" BEING a 6.000 acre tract of land conveyed to Joan Crowe, as recorded in Volume 11810, Page 2171, Deed Records, Tarrant County, Texas. Said tract being out of the Christopher Dart Survey, Abstract No. 2003, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a set 1/2" iron rod in the southeast corner of said Crowe tract, said point also being in the north line of Lamp Estates, as recorded in Volume 388-142, Page 92, Deed Records, Tarrant County, Texas; THENCE South 89°47'16" West, a distance of 721.30 feet along north line of said Lamp Estates to a found 5/8" iron rod; THENCE North 45°00'00" West, a distance of 125.00 feet to a found 5/8" iron rod; THENCE North, a distance of 237.96 feet to a set 1/2" iron rod, said point being the northwest corner of said Crowe tract, said point also being in the north line of said (kir Lamp Estates; THENCE North 89°39'00" East, a distance of 832.56 feet along the north line of said Crowe tract to a set 1/2" iron rod, said point also being the east line of Peytonville Avenue (a variable width R.O.W.); THENCE South 00°02'14" East, a distance of 328.62 feet to the POINT OF BEGINNING and CONTAINING 261,336 square feet, 6.000 acres of land, more or less. (be G:\ORD ZONING\480.I68 Page 6 ��"12 City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 95-20 Preliminary Plat/Olympia Addition REQUESTED ACTION: Preliminary Plat for Olympia Addition, being 6.0 acres situated in the Christopher Dart Survey,Abstract No. 2003, Tract 1D LOCATION: West side of N. Peytonville Ave., 300' South of Brittany Ct. and approximately 475'North of Plantation Dr. OWNER: Joan Crowe APPLICANT: Graham Associates, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Low Density Residential/100-Year Flood Plain NO. NOTICES SENT: Seven(7) RESPONSES: Two written responses received within the 200'notification area: * Michael J. Costello, 1862 N. Peytonville Ave., opposed; see attached letter. * David A. Wirtala, 1852 N. Peytonville Ave.,undecided; concerned that the drainage ditch may be altered and more water run-off will come onto his property; also concerned that the buildings will alter the drainage as has happened from the Plantation Drive houses. P&Z ACTION: March 9, 1995; Approved (7-0) ZA 95-20 Preliminary Plat for Olympia Addition subject to the Plat Review Summary dated March 3, 1995,deleting item#12B requirement to provide a 10'utility easement. STAFF COMMENTS: The Applicant has met all the review comments of the first Plat Review Summary dated March 3, 1995 with the exception of those items (1650 addressed in the attached second Plat Review Summary dated March 17, 1995. KPG/bls G:\WPFIMEMO\CASES95\95-20PP.W PD 1862 N Peytonville Southlake TX 76092 March 6 ,1995 3.-) irnnr Jn in MAR 0 71995 aPt-95--- 040 Dear Zoning Commission, I am opposed because the Crowe family, owners of the property,have dumped trash on our property and I fear they will continue to dump more trash when they proceed with development of this property. I sent a registered letter to the Crowes'about the trash problem and have received no reply and no action. I request the zoning commission withhold zoning change until the trash problem is resolved. Sincerely Michael J Costello /7q bil/W1 w ILL 177E Vila aE To /41t6N1) m6or/"/(A ?r cAuse L w,G1. BE otri of Town/ - [A-) 9 - 'sr 2oY ... �F•a CROWE DECORATORS (kw 1502 PLANTATION DRIVE SOUTHLAKE,TEXAS 76092 817-329-6848 Fax:817-329-4560 1 ; ri11t f March 13, 1995 Mrs. Mike Costello Peytonville Southlake,Texas 76092 Dear Mrs. Costello: Lie I very much appreciate your calling to my attention the construction debris on Mike's property adjacent to Joan's property. This debris has apparently been there since construction of the home in the spring and summer of 1987;and, pursuant to your request same has been removed. In the future,please feel free to telephone me should such a problem resurface. Sincerely, RICHARD H. CROWE JR MANAGING DECORATOR cc: Karen Ghandy City of Southlake Southlake,Texas L �F•3 I 1A2 BLi � � - Spin #12 Representative 1 A 1 Al I , / David Baltimore SF-1A �. - ? VEY A - 2003 - 1 17 Ac J. Horn 1 "SF-1 A", J. Crowe 2R '\,, M. Costello ! Y. Meyer "SF-1A" ' �,. 1 I \ 1 \/ „AG,, D. Wirtala L. O. D. C.Li, L. Farenbrook "AG" I\ R 1 I I I,1 I 1 \ i 1 /1-\ 1I 1 1 11 � C� �) 1 I , I I I 0 r p PLANTATION DR �I 1 I I I /. I l I F \ i I I I I I I I I 1 I _ - - I I _ - - I 1 _ - - 3B B1 ADJACENT OWNERS AND ZONING I SF -S I City of Southlake,Texas PRELIMINARY PLAT REVIEW SUMMARY (10." Case No: ZA 95-20 Review No: Two Date o of Review: 3/17/95 Project Name: Preliminary Plat-Olympia Addition,6.0 Ac..Christopher Dart Survey Abst.#2003 OWNER/APPLICANT: ENGINEER/SURVEYOR: Joan Crowe Graham Associates. Inc. 1502 Plantation Drive 616 Six Flags Drive.Centreport Two. Suite 400 Southlake. Texas 76092 Arlington. Texas 76011 Phone: (817) 329-6848 Phone: (817) 640-8535 Fax: Fax: (817) 633-5240 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/13/95 AND WE OFFER 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Change "Peytonville Road" to "North Peytonville Avenue" on the graphic and in the metes and bounds description. 2. Dimension the existing right of way for North Peytonville Avenue adjacent to the project tract.Please note that the "100'R.O.W." dimension shown to the proposed dedication line appears to be incorrect. 3. Correct the dimensional arrows and distances, for the east lines and the common north and south line of Lots 1 & 2, to show the lot dimensions less the right of way dedication for North Peytonville Avenue. 4. Correct the discrepancy between the distance shown in the last call of the metes and bounds description and the graphic label.The graphic label shown on the outer boundary of the project tract should match the metes&bounds distance of 822.56'. 5. The Flood Insurance Rate Map for this area shows that the 100-year floodplain lies outside of the 100- year floodway boundary. The relational location of the 100-year floodway and the 100-year floodplain,as currently shown on the preliminary plat,appear incorrect.Please verify the information shown and correct if necessary. 6. Show the electric line extending south from the utility pole, located on Lot 2, into Lot 2-R Lamp Estates.The line shown extending south from the utility pole, located on Lot 1, into Lamp Estates is incorrect. There is no line extending south from that pole. 7. Show and label the 10' Water Pipe Line Easement to the City of Southlake recorded in Volume 4217, Page 172, Deed Records, Tarrant County, Texas, located along the north line of the project tract , extending from west line of North Peytonville Avenue to the west line of Lot 2-R Lamp Estates.Also, designate the portion of this easement located within the project tract as a 10' U.E. t5' F_ (P City of South lake,Texas * A completely corrected preliminary water, sewer and drainage plan is required with the submittal of a final plat. * Denotes Informational Comment cc: Joan Crowe Graham Associates, Inc. G:\WPF\REV\95\95-02OPP.WPD C F e .1 .;1 :if 111 I ! Ifs ; 11 1 �r .s. V2 1: fir4 �I Ii III 17 �7 dIi � g A 61� hi ! ' it, ii . .I it sg eaiillj ;tj; Eh1 ild. gl; ggar§ !obi •i ] 1;1 r, MI 1 A 1 3.- ill III! ii: li R 11is Ili a 1 = W ..his I l t, 3t 1 311I IW k Gym Na t li ;rgg; m •3+ I i . — ..X8...o: Lle t r.. : N 1/ / I 44 r �, ire.iii ' ,`�Q I. I! 1 s I i 9 - 1 I I I .. _ _ ,I — --:--- 1 iii1 • 11 411Tt___ B 4. ` • .2. ., ) 9 I; ' J �- s J. o City of Southlake,Texas MEMORANDUM (iir" March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-21 Site Plan/Yates Corner Storage REQUESTED ACTION: Site Plan for Yates Corner Storage,being Lot 1,Block 1, Yates Corner Addition, and being further described as 3.16 acres situated in the Francis Throop Survey, Abstract No. 1511, Tracts IAA, 1 E and a portion of Tract 1 E 1 LOCATION: Adjacent to N. Kimball Ave.,E. Dove Street and Torian Lane, next to Yates Corner Grocery at the Northwest corner of the intersection of N. Kimball Ave. and E. Dove Street OWNER/APPLICANT: Rickey McPherson (itie, CURRENT ZONING: S-P-2" Generalized Site Plan District LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Eight(8) RESPONSES: No written responses received P &Z ACTION: March 9, 1995; Approved(7-0)ZA 95-21 Site Plan for Yates Corner Storage subject to the Plan Review Summary dated March 3, 1995, deleting item #14 regarding location of fire hydrants and utility easement for water service to fire hydrants; acknowledging that the Applicant will work with Staff to resolve questions regarding irrigation of bufferyards and interior landscaping and the allocation and placement of parking spaces; and agreeing with Applicant that the mobile homes may stay until phase 2 construction begins. STAFF COMMENTS: The Applicant has met all the review comments of the first Plan Review Summary dated March 3, 1995 with the exception of those items addressed in the attached second Plan Review Summary dated March 17, 1995. L F36- 1 City of Southlake,Texas (lierf Section 42, "Bufferyards" of Zoning Ordinance No. 480 allows existing trees to be credited toward the bufferyard planting requirements. Attached is a chart showing the plantings as required, credits for existing trees and the net bufferyard planting requirements. Note that we have attached the previously approved Concept Plan (05/17/94) for reference as well as the proposed plan. Note that the site plan substantially conforms to the previously approved concept plan with the following exceptions: • A 30' setback was required by Staff along Torian Lane when the Preliminary Plat was reviewed. • Also,the 40' setback required along N. Kimball Ave. and E. Dove Street was reduced to 30' during the Preliminary Plat review. • The number of buildings shown is one less than was previously approved. • The number of parking spaces shown is four less than was previously approved. (14 vs. 10 shown) • Also, a bufferyard variance was approved with the concept plan allowing the substitution of a 6' fence in lieu of the 3'berm required on the south side of Lot 1 along E. Dove Street. (kr • The applicant seeks a waiver of the requirement to install an irrigation system in the bufferyard and interior landscape areas due to probable damage to the root systems of the existing trees on the site. Staff would recommend that we be given authorization to evaluate the need for irrigation in order to preserve the existing trees. • The applicant also requests that the eight(8)existing mobile homes be allowed to remain on site until Phase II construction begins. Of the eight trailers, 1 is not occupied, is for sale, and should be removed from the site in the near future. KPG/bls L G:\WPF\MEMO\CASES95\95-21 SP.WPD =° = a (111111of or ., a1" U C7 -Cr O ON en VC VD r` -Cr 7 a .a N 'er .-. 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(0 * r - 1 )'�,3A1H2A H• ' 11 00 ~51a! l3 Ac 1 ,'2f3 `214A 2f4(l t 11 • SI: ll11H i 1 --� 2f ; 3A1H1 _ _ . 6.7 Ac 1 J1•!;!1;,11 - c p 1 • 3A1J1�1� 1 1 141� 2A2 1 , i `y1 1J4 8.13 Ac • /Aft • • 2A3 t�1. ea..aa1�: 1 1,��` • ti , 1 , . \ 11 IAIJ3 3A1JIN 3A1J1� - - r - - 2A1 A A A A aPO33'A4•"'`:mot: k ` '= fib 11 6 5 7 1 'ct- -Irti-ti�l-4-1 , � . V 6C 18 1 IC IA SB 2f I x y�'' ( \ 1R t t 0 , .r, , `�. 1 2E1 1 . •• / (!1 1 2J V 502 ..-__.SJ x1 Q. 15 2A f, ,• t 1 8.75 At v»A SC1C • o..1•Iso1 ._ /. , 5C1;' J' By BD f ill (lump, `...�'i TRACT MAP - 5CIG2 -- - - — SCE-� -- - �.\_.; 50 SS 8w1 A I8w11 SA — 6:-_ .__y_ anon t:r. ss,t a . % - [Km SC 4,,\G .� - 5S2 BT i I ti.u, ,r1; 8w aA� .0 \ 1 — 101 2 5 1 \ 1X1 . . 1Q 2 1X 1H �1 / \ 1 4 1 Y Spin Representative Karen Reynolds 1 N 3 \ 3 AL X 1Z 1D T 2 N ) SF-1A — 01"/ AG AG • � M. Prinz ,! N H. George I J1EE2 Q t-- .11 0 FPI A ' — ri 0 -71 ' II 332 - I. 3 AA I�3 3 3 0 - (.., -\ 2C \ 1041 . 2 < SF-IA I II Ai 331 �/ T\---1- M. Cate l J 2L ti 2 J C-11 _ — — r 2D P. Long — 2 , D. Ward' 44 — . — SF-1 A -- N. Dinh j 2 J 1 . 1—ili SF-1A I ,- Nis< 21v 2H 12G -_ a ADJACENT OWNERS Lir AND ZONING Li' zr i :_y::. c1 86-5 I 9rA A (7F4 V ,XK k 0 L . - aVX3S. •uWIVIIH.LAoa - - ......._ T•c r .1 1. .................. r. •anv -r vases •x •r •am mcnoa Ei Ei Ei 0 w -.wa.... o msxmoa •r•x '4. I -oP,a •.M,O.olOra,oH,,, movmo.w mmxmoo amaw. ! 1i('p; 1 0\ ow.cal I,. w a.LUA I -tor ........-.-...e..ma a.m.:ow 5 i g! i[a S I--- ii p 11414 1 al is s a ' '''' './ v! 1 /� 1 g rW 6 i i L. 4 � ssi + AIIIii . . . . 0g $ ill CM) lit lib 111111611 dj10011111 gill••••2: all ,r//Y1. a _—J W if ---lei >. Ft ----------- I-+-----Ii1 —--—--—--—--—--—--—--—- 1 Ili 3NIA3dY1J<J JO A113 - ---- _ W Y T•anl N L i i l l g3HV7UlIOS- A113 ------------ ---- - -- ]S i! I ammo •AA,71aJ • ...a -7, / r 7111 AVOISVN 9a'1H ALtASVN I (1, I I CI • urn 1 k p AMNDSVN 9Qll AMN[ISVN k • ♦♦ / I I / 'AA,71a0 L m s '�' I Y It Valk A>NISNI k " `•z�'` •_ / 4 I1 - , I •AM 7rII7 ; %`' `►� I f 1 WIa , //j Vail ASVN k / / I I •4 4Y '�a tA 7-7-1 '' I/ IL •AA7 ' ' / 1jI V / ' / '• *f''aS'VM �I..• I/ . /f/ I I I !!!ll�����I r —c�=-��.!I ' _�--� int Nllpl I Macau rsV wl-mn / H-C City of Southlake,Texas SITE PLAN REVIEW SUMMARY Case No: ZA 95-21 Review No: Two Date of Review: 3/17/95 Project Name: Site Plan-Yates Corner Storage,Lot 1,Block 1.Yates Corner Addition. 2.99 Ac. Francis Throop Survey Abst. #1511 OWNER/APPLICANT: ENGINEER: Rick McPherson j3rnest Hedgcoth-Consulting Engineers. Inc. P.O. Box 1792 5701-C Midway Road Grapevine.Texas 76051 Fort Worth. Texas 76117 Phone: (817)488-4163 Phone: (817) 831-7711 Fax: (817)488-0790 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/13/95 AND WE OFFER 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Landscape and irrigation plans meeting the requirements of Landscape Ordinance No. 544 and Zoning Ordinance No. 480 (Section 42,Bufferyards) are required prior to issuance of building permit. c, 2. Provide the following"Required Interior Landscape" planting chart on the Site Plan: REQUIRED INTERIOR LANDSCAPE Canopy Accent Ground Trees Tt_Lees Shrubs Cover Area req'd= 6009 s.f. t 10 20 100 601 s.f. Of the 6009 s.f. of required interior landscape, 140 s.f. is required in parking lot islands. 3. Show the location and size of any proposed water service connections to existing water lines. * The 40' front building setback lines along Kimball and Dove as approved with the S-P-2 zoning request appear to be in excess of the setback required this district. * All parking areas must meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * The applicant should be aware that prior to issuance of a building permit, a landscape plan, and C, irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees,and related Permit Fees. • City of Southlake,Texas * The applicant is concerned that the installation of an irrigation system may damage the root system of the existing trees on the site. Staff would recommend we be given authorization to evaluate the need for irrigation in order to preserve the existing trees. * Denotes Informational Comment cc: Rick McPherson (11 Ernest Hedgcoth-Consulting Engineers, Inc. G:\WPF\REV\95\95-02 f SP.WPDw w�� ....I.mar xY Wy % d qZ Iz ti N. t • `t, t I( . :t I I.j 4 W 'WIg- p P.. VIM dr" ^` 4.iyi t 44. rf is 1,11 I ! ap` i qqj �� Z� 1N45N io ei to ,§i 11'�F F =a tj 11.i .flij. i1•- t.a 1 li =1 O 21i� Y2 q~<� OWd "S3 8f/�iR_ -�i•! !'� i�'-� G eqi N 75N o of )NF. 7r gKd W 1r<N d•F � ow �"" tii4j! ii -!tf:. i = ei �aa ., _� pk cF. 1.%< p<z d 00 ,ii?"" hz `4s. ';. ��a e�q./"� jli� Oil �� ; 11 ; N p 11..}��1W. %JWZJ Q» W� it, Nu�, xx Pal �WW M (te f l �! ���� tsl�i 1t �� �i q iF N4i o Q`,`� j=ZN �� y� 6�I U< a/qQ IZi N 'JS1 i1h!! .•j{i} ;lib-t ;I. 1 if i 7q JN M1 i? 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J p'JN aW zSUN- —> e 1 II 1 i iy i 91 ii-i ie Itp I 1 -1 d ai Li VIIs# pa iE x dam-, 6 }`._ r F -h u,^gao$ n.).um A,113 it ... -�1r� 3i — — — J.—' — L — '- - - - _," - U Q S q I. - —.". : � „' � :� - ��� i gYm ^♦^♦ �' '-III. — _ A 9L li Lg / . 1J, q i/ ;:� sill "i if g i / . x to ill," -.._.`�� •1 i'st.na _ // 1i' °. 21 0 �;�. s ani.,rmw .. / , , _ l i/a inmr ' 1." h i , -41 X / e R 1...,.R Y ff o a 3 (IN�"err"' �o . 0� ��/ �i `r � ��_.. _ ..- M1• I� ' /se,.-# fi if 1:' 44:- / ii 1�-C f„! ' \— — ♦ l / : 4,4"j b b b b b b i[e / / 4 i g /, \ I b o u b i 1- •i i i i / / t - ;r I 0 404 MI 4 41V4'I VI-es 412102 ((TYJ�Iq/ 9 City of Southlake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 95-23 Revised Site Plan/Muller& Holdgate Construction Services REQUESTED ACTION: Revised Site Plan for Muller & Holdgate Construction Services on Lots 2R and 3R, Block C, Commerce Business Park Addition, and being further described as 6.6556 acres situated in the Thomas Easter Survey, Abstract No. 474 LOCATION: 540 Commerce Street, approximately 1300' South of E. Southlake Blvd. OWNER/APPLICANT: Muller&Holdgate Construction Services CURRENT ZONING: "S-P-1" Detailed Site-Plan District LAND USE CATEGORY: Industrial (within 75 'LDN'-Avigation Easement required) NO.NOTICES SENT: One(1) RESPONSES: No written responses received P &Z ACTION: March 9, 1995; Approved(7-0)ZA 95-23 subject to the Plan Review Summary dated March 3, 1995 with the stipulations that the Applicant work with the Fire Marshal to address any other requirements for the raised fuel tank, and the accesses to Market Loop not be used before the road is constructed. STAFF COMMENTS: The Applicant has met all the review comments of the first Plan Review Summary dated March 3, 1995 with the exception of those items addressed in the attached second Plan Review Summary dated March 17, 1995. Note that we have attached the previously approved Site Plan (06/07/94) for reference as well as the proposed plan. Reasons for a"Revised Site Plan:" (lbw 1. Office building to the south was changed from a 60' x 80' building to a 60' x 150' building. The enlargement caused the building to encroach into Lot 3R(hence the need for a plat revision). 2. Landscaping was added around each office building. 8N- City of Southlake,Texas 3. The 75 'x 100' maintenance warehouse was replaced by two maintenance warehouses. The North maintenance warehouse is 70' x 80'. The South maintenance warehouse is 70' x 107'. Both have wash racks. 4. A 40' x 80' storage building has been added. 5. An elevated fuel station has been added. 6. The storage yard area with all weather surface has been enlarged from a total of 70,000 sq. ft. (Lots 2R and 3R combined) to one storage yard with all weather surface having 135,000 sq. ft. 7. Two entrance drives were added to the west side of the storage yard to allow ingress/egress to Market Loop. KPG/bls L G:\WPF\MEMO\CASES95\95-23RSP.WPD 61.1 z ' __EAU ..wua snrcu IIr - -1i fC . 1 f I( ( !I I VI IT iowl il ax Aii ©irifir6!. (`�l ff1r,. 0/, 1 Kai ®� ; 11 p � rrr titi+frH � D soma 1 ` © � VNg©r�•� . .RD EAD3 '. re) Miri vajr4/1 pi i Tiel:P i u 3Q... 14c.31 • � 50085A. 10 I YHO�A$ �W=HAIL ;�I Q ©©e0�i �! 'L �;�rr,tihti rr ( ria Noms el For- r),___.: 1 OP _____ s iIii m o �© V ' E4,41 , . E6 Me zi ppp 'AK I 1 • IN4 -- i©® A6RE5nr, ar mom ss sx �. U- �. �R ail NORTHWEST PKWY 'Mil _.STi=� iii"" Rh. tma.:71 RDP I - MaY -- .. n 'n��� GARB i g0 ifirli..,.." _ if 1 y '�.� -- xf k reo d 11113B ...,., Ili pDZ 11 :r111"211111PANPNE. ilki t a 2. Ril 11 ILO.k o $ ,. MIIIIIIMMT tut ' • 1� PAGE 9� �� C ,.'I all 5),po Ho. ; Tien' =- v JOHN A. FR I O 1,f I• ..1 r0AK5_ , --+s .,. i _NM 11 r� ;_'II oI cj "�� --r.=71.:1 iii :: l," �v .,.....,.. I RI(, w ak I - 1,...31 1101 - i� J.W. HALM ®3 I . ,1.[K ._..r f.r 0 1 6.13 As ,.1 O 7 1 • �; �lxl © 1".< ' r 14559 RK pf N ppRIKu x , - IV, ogee" a.[ u.heI __ ,oK" i ''1 Mf- INp1J5 lJ 4101 it I ir •,., /AN*et [ff[.o1,.[ .[ 1 J NERRA •...Kf ._,., il . at.y y i: m La-V II r 1 \ 3 C 7_p ft.., • a •AR 0 . slu fl p-ION o I.. %«1. L!1Ii1 t j «UJ " 1 1[f 1.I ,I• NX W ��i- xti,. H�RRI SOP&,DE,*I �R 1f k +nNr. u1 SUGr+Ro1 ,� ._ ._ h x x 1 TRACT MAP YH°`.� ®� 5R►AL 110IpUI 11 B 0 B tom' •G\ S�Np g({_3 AT HAM & ASSOCIATES r' "" SULTING ENGINEERS - SURVEYORS - PLANNERS .,0A E u oEVINE (Y w (Ifir Spin #7 Representative Peter Sporrer O U I ' ,A -r A 1r C / 1 I i - - - • _ . _SURVEY A - 474 ! 1-1 - Z 5A I"1 0_ Randy Pack -z O 1-1 - - - z--- --51w Randy Pack reirir 1 -%- (be ri ° e r, a -----' • —7 — Randy Pack 1-11 ) ( • ---2 — 1--- •. i c ' , i_i . - ---z - - 1 Ld 1-1-1 , . --z.L — - • - Z • -Y Randy Pack\ I-1 -1 EXCHANGE BLVD • - • - - - I I 1 1 I i I I *e," < E V/NE ADJACENT OWNERS AND ZONING i Z a_u t z EXHIBIT "A" • o t:f - = , - Z t ��?• _ c -...,•••••11,= [... +' .i 1 i liE1. I . M F �� (Firs ,i. . , .,,„ ,, ., t : . , ,. t t. . `i it ii, „, ':` .es. if . . !I . / ,: wil, =,11, „ .. : „2 2 i?= 5 ��� iii = i 1' ei( I �'!`iEt _ I�[_ 1.... _ e e 'r i = ' 2' ' a ;l:�ro i _"; _`'_ II i (!. i is ,i :� tie i(:lE:,FF_i: 'Ei ! t' e .. ii 1 ..Ilea'-i e ' i lit . Fie 1IIII IIitl i ;. ;- iI ii:i1i�i :!i III i 3 fr, . I-: i-i•I ` i;_ ill' a 4 iiee.E lifse3(i -lEiiilf ;WIN `4 ; trite ; 1,,) ?; ; iI — a 5 W i —L+�= �z ^`= t � �-�-00 fA --_J'R J.CA�'•' -- '.sue—_ CID . --- --- — . _I. I_, � ,FT- .r.. + - V i� :y.,...\�z, i .R�r L _ __ _��I I 3 - q„,7 / I -`uF } fit i A — —1 o gel v. #"[ - I V // :.11, it �\ 3`I tap It i t t 2 I. I ; -- —/ I \-1--' — — _;_i 1 I/ --I11 !Tr 1.H44l i M" ' - ` 3 !' — ' Tfl1I x.=i si EE i ; % Pt.1 >y ! uit \ 4C�i _ n • i r ti _ y x _r,� = I ii j 0' \ • ! I;t cze lil I [ ( / � E ie �. KI ` I / I iE Itl i - t t- - r + ! [ rl - i „„ ,..,.., 1 i -- 1 , - I i„ . ,,, ,..... ......_ -- 1 i ,f.: .t I 'I I -.....„. e:II i t z Li 1 S — _otK ce-,..M!7 � �•b- �tt El 104 N..z t..t K: Ili F 2i li1l • A t • y's; • Ord. 480-119 Page 5 e i-1-5 City of Southlake,Texas SITE PLAN REVIEW SUMMARY Case No:,ZA 95-23 Review No: Two Date of Review: 3/17/95 Project Name: Revised Site Plan-Lot 2R1.Block C.Commerce Business Park.being a Revision of Lot 2R&3R Block C.Commerce Business Park.6.66 Ac.,Thomas Easter Survey Abst.#474 OWNER/APPLICANT: ENGINEER: Muller& Holdgate Construction Services Macatee Engineering. Inc. P.O. Box 1773 P.O. Box 12617 Grapevine. Texas 76051 Pallas. Texas 75225 Phone: (817)481-2886 Phone: (214) 373-1180 Fax: (817)481-8195 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/13/95 AND WE OFFER 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Correct the L.U.D. shown for adjacent properties from "Commercial" to "Industrial". 2. It appears that the applicant plans to place only grass in the required bufferyard areas. If this is the case, provide a"Note" requesting a variance to the required plantings. 3. Landscape and irrigation plans meeting the requirements of Landscape Ordinance No. 544 and Zoning Ordinance No. 480(Section 42,Bufferyards)are required prior to issuance of building permit. 4.. Label the distance between the proposed office buildings, and label the nearest distance from the proposed office building in Phase 1 to the north property line. 5. The "Site Coverage" data shown for the building square footage does not match the square footage shown on the graphic or in the "Site Plan Notes." Please correct the discrepancies. • City of Southiake,Texas * Please be aware that all parking areas must meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * No storage will be allowed except on" paved all weather surfaces." * The applicant may wish to request phasing of the required bufferyards and interior landscaping requirements. * The applicant should be aware that prior to issuance of a building permit, a landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Perimeter Street Fee, Water& Sewer Impact and Tap Fees,and related Permit Fees. * All signs must be permitted separately. * Denotes Informational Comment cc: Muller&Holdgate Construction Services Macatee Engineering,Inc. G:\WPF\REV\95\95-023SP.WPD (� V11'n ; az N Yd tiaE 0 it E L Z£ c� 9 N � ti i aMi . g5wPa R g/3 'i § C --- --- : €-cp t..... 5Hill t g33�UC y it .. t 0 n a'Y MU rc k'i u?si.uothr o 1111 �j Jg e.Re{ Goias 9 t ..7it PIPFCo dit t tt € tli gee = lm ' E 1 I ! EEif19 itliP� ilt! . .. " VdN"W p g. t i. g• are' 0- r, it 3 { .1 ..!!!lig ;Ifi1tl� E• >l -€Fylr g K , c it i .., "Iti1,.. i..8 ill, rj it Ito k.8 g Inn s6€= • = 1 it a 1���tsi`�7t1i1;11illi a1 fl 1 g'::3 4ok, - oIll ° 0- : Ir , V ti.1.3s33ttit! I at ..111 r5xzitP iiiau _ _ F - t — ° , a left r. 1311 0 9 34 z r• _.. J lit u.m...argil 'IS 3�tl31N1W3 _DI-' �I �� .. __ Pia _...s - (...,,, Ir1 t ,„- ,-,,, ,...„- , _ . y\ -, , . ter"-.. V -_Jib. ._. s r 3�_, +� I I t� .'kp—� �-- Ih -.....,4 —t„ ICI 1 t 'r f K1-.1 ham. 1 I1I III : ...rn • _ - - .. i I ► I I iI f+w Ij)a---!�,11 -lliLI1tJ-1 ..l.l�l lL• , - . i ' ' — '1' I-i-N F f I I I I I I I I I I b I T I� i I I�j1------- 11\ ; I;ix a' c -� I vl i •_: t I:� J 1 I - I I t ' l 1 ' 1 1. „!ii rr::_I_______ .... ____...-..,--=-,- . _ . _i, • III _ / s� il ql ✓" s . - — I - I II ,' t t - C.,I:Hi —--- e ‘.:,1.,.; > _ J. _ _ r. �' QI d11 • -• 1 .1.~ ._/.r. _ _ —i y c t� Orsna.-....,.nuu1 aocnJ aa+m t � zZ E.f E1 Ea. :c� 1 I > y I I _ S :r. dreli gN-S City of Southlake,Texas MEMORANDUM (re March 17, 19 95 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 95-24 Plat Revision REQUESTED ACTION: Plat Revision showing Lot 2R1, Block C, Commerce Business Park Addition, being a 6.6556 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, and being a revision of Lots 2R and 3R, Block C, Commerce Business Park Addition LOCATION: 540 Commerce Street, approximately 1300' South of E. Southlake Blvd. OWNER/APPLICANT: Muller& Holdgate Construction Services (41/0, CURRENT ZONING: "S-P-1" Detailed Site-Plan District LAND USE CATEGORY: Industrial(within 75 'LDN' -Avigation Easement required) NO.NOTICES SENT: One(1) RESPONSES: No written responses received P & Z ACTION: March 9, 1995;Approved(7-0)ZA 95-24 Plat Revision subject to the Plat Review Summary dated March 3, 1995 deleting item #5 requirement to provide a 15' utility easement for water lines servicing any required fire hydrants. STAFF COMMENTS: The Applicant has met all the review comments of the first Plat Review Summary dated March 3, 1995 with the exception of those items addressed in the attached second Plat Review Summary dated March 17, 1995. KPG/bls (kr' G:\WPF\MEMO\CASES95\95-24PRWPD us. r.aa.>n sort„ f s r ,a I >"1 je • p, .7' m=. ±4i Y r t r e �� ma wa �1� li 1 frSk m.. W µr ,�a �5.7 - D .i O ` � ,IiI„,� ' '° �� �� G ♦ islb tip'+ffw LHDID3 `� I I xN �, ,"ill e�1� k,X\ ,',„'+I�.,_,, I s.1 • ��®' MONS -;-) TH 0)PAA3-4,AHAN •i. ,•.s.. , .4 r1�T;T,, 3k13F r�•:'/� SIM App T _. _ f. 11 ; . 5 ©©saes .R s �I-: + M 4 �E kiL3 \ m. s sn - O'J'.� w nr!;�97'0 FI..0 m a,.T'R �E _' A F �r,lu= I �... r .K. 5 (•• tplGpp a m E m a a - E K [ 1 E�7A E6 =f, a _ 000� WfR -- ---_ -- '" 'r'�o- CS(' =u DIN° au AP _ AGR-- wr � 55 ' sour w. - ^ S (-.s EI� U 311 Ns N Ns , M WY -us i r R,of /� NORTHWEST PKWY -'`ST XIX' - 1 , me Pr4; f 1 i6Es Eu X13 . Ear ' ‘‘----16 .g:1!•,• It"i il 00 �:. MA ....�.. �I ay U= .DO .wit sws.n¢ K. "Ail - -.P•E• - yw f 1� .> �� ` — _ _ i ----- ----------- MIA"— _� X 2 a nr� rL v r + �' — `�r' ��L�J�iH. L. �., GORE \ -- ,sk m cJ��HTr LA K �.RR ..,: f lI y '�� — mfk MlR0I --- 05. . E w., •.,.,; a.r ' • �i lye 1 I -- -- _ 2. U 7A7 as aN U"-,'I.f� A��Z sF b ikto sr P� a Sry, l_S, f r C x =Au a, , E� Q n ,La k 1: - iii , Nb .1 Y T : __ ,' . S ,, „f pi + FLAG I RIEs ! 1 J®NIGI HE1,~kil9,l�l oaf AC I*-1[WI'S 5 GRAP;� sy (400,__ 'A , dT5 n '� r 1RI�L SRN s_ ;11E�' --I i INp- — — — o— _� Qa II 1 -- RKI , / 4 A w m k no5.,�-- na it J.W. HALM 0 ii 3 GRA' ,Nf CITY LIMIT .RN -.LLI I MI I 0 0 f III G IS k .DOM ss. 11 U O W�`_ _° '" LEE ® �0k RAN Y p B• U R .s1 w fn n, RK K IA x , Ir.0 51 I1,t, GEEN •.` PA «W a El- ,QK , `I,,_ pOW- f1 k tgiAL — Nk Nb\ u.k --r'O"-. •\ MEA INPUS F I U= sp,� McD4NALD2_ ,AGE * 1 ry.�. 3.30 H WI] IA 'XIII, III. IA Z1 AU-We 0 •••• I , ,, 1 m iIJs4 1ei 1t r 110 , , , -• v. - INp N 1` ( .uf k E,eL d .1 w w ...~ I AOO�jO a '� E., N.f,k „p .ar SA k VE M twol M M 1 Ef I N7 '..f 20.2 — N m II m Efi HAM:1130N DIE4HER ,ek G — i. — GO\/ d _ .,K. . TaN qt./Ls"...o1 --- a x 1. _ f- r -� ITRACT MAP A. T ,P3ON JOH " (a1fE3�r! ", I LT. A-311 IN I n 11 dB BRUTLOW ET ,\ v c�4001 8r-� EA T�HAM & ASSOCIATES J .,JNSUL'I'INC ENGINEERS SURVEYORS - PLANNERS l _f-\n sa 2 /V!H I W i Spin #7 Representative Peter Sporrer 0 (110. U (\ii i D � A 1 i-73 i it r , 1 t - SURVEY A - 474 i 1-1 \ I - Z • 5A -1 0_ Randy Pack 7 0 * I-1 Randy Pack , _ _ i Z (.... — 2-(9-0- J Rand Pack' � y 1-1 j , S IA — . ---Z . — , i 1-1-1 — • --z - - — Z Randy Pack 1"1 ' Q IA 1-1 I-1 I EXCHANGE BLVD - • - - - • - I I I I I I I 4,)/- V/NI— ADJACENT OWNERS AND ZONING 3 .. II x a . : a I 1 d i s x : (4111W o - I1I1t1 z d V (n rn Ili I WI �Flo I= � � $ n a o �� 5V3 • e; i W 9 °z F 4 E .f•' t. I 1 lj W .� M;.2 o a $y > is �3 !' II 1 c C ) • . i; "� U mot; 1 � � a o ; tea jI= • _ . Z s z 0 _ j� :II' 1 ill 1! 1 3111;131U fit 4 ''6 a,i ii 3lii 3, 1 3 ' 3 i 3l2 .1 ill I!11 I�ftiUi 14 3:V I .1 . • 1 titill li ii il3F i is i.jl ill i Ili Ti l'iil i 1 I 1113'1 ,I : F 3 Il 1 iii 53114141,111,1 �!' z�' 3{ I , l'i 11`;1i '' '-•a, jai j ,ii Ii 3 ! 11 i 11j1i ° l i le • ? "s;1 — 3is 11.128: r. --y� 1- iz" 1! ;. VI 11 slid ;,, 1l41 ; Jai t I, 'i3.1;� i a I , ,;- Ili 1.el 1i fill 3/• 3 f3 II ill ii 1 l i� li111 1.,3i 4 cif 3i i,5r1l! 111 ii 1 = 3 !. ill 111. � si 0i 1j- h— Ii. 1l 11 t i3tI 2 Ni: 1ii 411111111; 1i i+ 111;H 3 �i #, ifill iliii th ' 3i{i'� 14 f'. 1.. j ' le $ « hth § cW. 1l o 111 4 y d31 j " 1 ' ��i3 ' is ^�E � iIf " 1 ' 8 ! i� 3 eij� 3g t jiw 331.Lie, 1 11 11:31 '` ] l VI Ca $ai 1jgi I B" 31311 it` ; j!s {{,1 ia,� i ti 1' 212,� ' " 1� 11� I as s'! 1 1111-1O11i4 11 l { 3 a c SSS3i tI 43 � :I ! ii a• K� ���� ������i ��� �33 �5'� �5� € il ,E: ? �1 ��� €�33�3,l1is3 12i4 A . 0.AKI-I�,o. r--- W ]J'II4 MAN f II LOOS I^,;\\ 1 r�;r. a ,�: ..,. .1�1,n. . I N II i 1� ;1; I t O r{�, I I le < :I: . I 1 .. .i., I - I I: F * © I I I; :I I I — 1 I.� 2I; a S J a.1..,so rah t go. elLS3JN311110J •—•-�--'-----' �II_ ::II: 1 I I I it I s"1i 1 e' SE E E1 >41 ; ri1 g ii I 6: 1 is Ai Ail 3 .,y,= i A ,k T Z_ cr I :1, 5Y c :I. L I .1 0 h c� a;t; 'a j 1 . ,,. I. s,, U. at w �i r;I. ae :in �_�iy '� I I a .; Li —C®--- r. r ',4 -I I I I i 1.1; c t 1. •_ Y I.Y L_----------pc..rutr—•T:,—.a—dovi iviarn------- I I, ; li I �— 1 na i I .I: : I 1® Ps I I I •I; I ;5. 1 1 I ;I, 1'1 I 1 e 1 I j IL-1�s e Tt L St,_ I 1 z City of Southlake,Texas (are' PLAT REVIEW SUMMARY Case No: ZA 95-24 Review No: Two Date of Review: 3/17/95 Project Name:Plat Revision-Lot 2R1,Block C,Commerce Business Park.being a Revision of Lot 2R &3R.Block C. Commerce Business Park,6.66 Ac..Thomas Easter Survey Abst.#474 OWNER/APPLICANT: ENGINEER/SURVEYOR: Muller& Holdgate Construction Services Macatee Engineering. Inc. P.O. Box 1773 F.O. Box 12617 Grapevine, Texas 76051 Dallas. Texas 75225 Phone: (817)481-2886 Phone: (214) 373-1180 Fax: (817)481-8195 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/13/95 AND WE OFFER 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Improve the legibility of the of the local street labels and specific site location shown on the vicinity map. 3. The following changes are needed with regard to the property description and dedication of the plat: A. In the preamble(1st paragraph),change "... Muller&Holdgate Construction Services,being the sole owners .." to "... Muller& Holdgate Construction Services, acting by and through the undersigned,its duly authorized agent,is the sole owner.. " B. In the property description (2nd paragraph), change "...all of lots 2R and 3R of the Plat Revision for Commerce Business Park, a subdivision in the City of Southlake recorded in CABINET A,Page 1932 .."to " ...all of Lots 2R and 3R of Commerce Business Park,an addition to the City of Southlake,Tarrant County,Texas, according the Plat Revision recorded in Cabinet A,Slide 1932 .." C. Change the dedication(3rd paragraph),to read as follows: That, Muller&Holdgate Construction Services, by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as Lot 2R1,Block C,Commerce Business Park,an addition to the City of Southlake, Tarrant County, Texas and do hereby dedicate to the public's use the streets and easements shown thereon. This plat does not increase the number of lots or alter or remove existing deed restrictions or covenants,if any,on this property. L 8t-5 City of Southlake,Texas D. Change the Notary Acknowledgement to read as follows: (so, STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Brian Holdgate, Partner of Muller& Holdgate Construction Services, a (corporation,partnership,JV, include the appropriate),known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said (corporation,partnership,JV, include the appropriate). * Please submit a blueline "check print"prior to submitting blackline mylars with signatures. * 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. Mylars will not be accepted if any original ink, other than signatures or seals, appear on the plat. * The signed"Avigation Easement" with metes and bounds description must be submitted to the City prior to filing this plat in the County records. * The applicant should be aware that prior to issuance of a building permit,a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment co, cc: Muller& Holdgate Construction Services Macatee Engineering, Inc. G:\W PFIREV\95\95-024PR.W PD 82-' 4 + i Q t € -. + I " z F <� .3 .B E gg3 V. wY UI8 5� aS . i -Co/1'c-- Ni 8. 1 i ii E �u o oZ sS sag aaaE€i ok g o - e • i i ., 3. :7 i*: 7 V7I1 •' IjA ! il {fFEs11liFj hl .F i 11_f3 = 1ii{: i lii aIP pi � - Neia ii1i 11111 eg � 110 :F. 1W!' t 11.II I dtid' 14111 I 11 jEt B1 ; sir 9 !gill a 7Is l; li!i Rail I s~i •I i efiJi! lI ill!,. I ;ill ° 1" ) 1L M. !Jill AI! 1 e1 `SSEE�I3ii �� ,� C „,, .......,...... r:�ooA .N. s 4 ' • _ I - rid t . 2 I i 1 ., - • � / - - -- --- t• •� .u so 707 7 arMr �fS 8J83NNOJ ,--- $ I I' Y • 7 r' SI l' '1. t p 3, L c ___ aScn.00■ muc a ----._. . +�X L_— .—_ •.��7W- Ti-si.d—d00'118)IUYII.—. .—.—.—.—.-- T, -t I ' .._ ...— L ,..L..a-..5.sA a,a.n, I+ _ u.s '_- i..• ..._... __. i:, ...: —_ :JIB.NS N i4Nb-� 81-n City of South lake,Texas MEMORANDUM March 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-25 Plat Revision REQUESTED ACTION: Plat Revision showing Lots 4R-2R-1, 4R-2R-2,&4R-2R-3, Block A, Southlake Bank Place Addition, being a 11.7932 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, and being a revision of Lot 4R-2R, Block A, Southlake Bank Place Addition LOCATION: East side of Bank Street, adjacent and West of Northwest Parkway East-State Hwy.114,North of Grapevine Industrial Park, and a small portion fronting F.M. 1709-E. Southlake Blvd. OWNER: Gary Houdek APPLICANT: Kinder-Care Learning Centers CURRENT ZONING: "C-3" General Commercial District (partially within 65 'LDN' - Avigation Eastment required) LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Ten(10) RESPONSES: One written response received from within the 200' notification area: * Barry K. Emerson, Texas National Bank, P.O. Box 92840, see attached letter. P &Z ACTION: March 9, 1995; Approved(7-0)ZA 95-25 subject to the Plat Review Summary dated March 3, 1995. STAFF COMMENTS: The Applicant has met all the review comments of the first Plat Review Summary dated March 3, 1995 with the exception of those items addressed in the attached second Plat Review Summary dated March 17, 1995. KPG/bls G:\WPF\MEMO\CASES95\95-25PR.WPD eT -----s • LI TEXAS NATIONAL BANK BARRY K. EMERSON President&CEO March 3, 1995 Mr. Gregg Last City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Plat Revision Case 2A-9525 Dear Gregg: As we discussed by phone, the proposed twenty-five foot common access easement joining Texas National Bank's property on the southwest corner enters our property at the location of our trash dumpster. Our screening around the dumpster is a concrete wall bricked to matched the bank building and would be expensive to relocate. The other problem is finding another location for a (hme dumpster site on our property. I have had several discussions with representatives of the landowner to work out particulars of the easement. My most recent meeting was with Rick Wilhelm earlier this week and we discussed realigning the easement to avoid the dumpster site prior to getting the re-plat finalized. I feel comfortable in conversations with Rick that all parties can reach a mutually agreeable solution. However, I am opposed to the location of the easement joining our property : th- dumpster location since it would be no use to ei .ursely- = or Mr. Houdek. Should you have any questions ilea: - fe- f,e to contact me at your convenience. Si ere I/ tarry . Emerson Presi.ent & C.E.O. BKE/ree cc: Mr. Rick Wilhelm L P. 0. liox 92840 / Southlake, Texas 76092 / 817-488-5544 a ,f1 M NM 5 4. ..(1 1 . / I- 3M9 x.o x,a5ANH0? ;Htl 8L; i //' iek,4 i0ti:k04,,g.i l7'wA' M,PIANt..\-w,0 -Ik fiI1i ' I , xu mo ae � __ 1... 7� t T vyjTs _xu ®: � I Moro flan— .. }, \ N oGi a l rmil: am4 artal... ' >010 a itiri ��,, Y fa,k ,tom; �. EPE pow, ri,. !wil1! " Jrj $ ; ref' ��Hair EAD3 piall_iir iiiillifrlifigeiffit IMM pp T a I SM C. � !1i��.- **/� s A TH®^^A$ %,1•:HAI� € �. � '�. �� � '°� 11 •i IL ■ a : .. " 5 ' _ee©©FI�e� F.R S.1 �;`, + �,._a.' GE - 1 - I 5t 'or m m©©©©n ER ESTA s E6 :., IA �� CAIA° i 1 . Li,,aani I e 1 "' E / NORTHWEST PKWY ST n - t le a« Rt D ' iiiiliG X13 ,Pnr tw x •'II • RRnR Val k YF�EEp >< .•��I IA _p � t_ �J N'r' t ..®.. as . qof) H2 M RAS .D IDEAS?9WIMP. Rw. T,/".©E _ .]..E• ' L, y]{,'jl .. ��� u 8 `-p- L �� x " 0 lA1 / x --a =- - + ; •r t � �t �'191iN GDR I ti 'SA — 50Jg �RR ir►,55 "I' , �. lf' yob ' — , 1 \ I 2 1 l'A 2AN aitip.. . rA...%* I iik rooc 2 -- -- • ' 1 ._ i xaf w< . •• 1 `n9 °° " fit g �• : 5a s� C I : : x�,2 4 I pow H®I:A' ,. ^c Tga N -JOOOR9 d I��dG. : o,>f k i�' rpAKS-- 3 '" r-----Tv , ..1.. F; >o I - 4 c M DES E —Q a « a, - -'•1' PARK « " GAr E•I I ; Ai ARK ' � eel ff' e.�>o r nose, , • , • J,*, HALM �7 � .,. 9n ' -_-_- -_' GRAPE NNE CITY LIMIT efwe ,-.a1 I w,I V O f 'I' !A< at5 k � - ergo.s,. 0 2A a xi Ii 1 yy ' � of GREEN�E— l , U5IN55 x x E5 ',; EN —RI( pFY4 PARK ~_ I C N- E fa «fo r B°",0 -- I\GR °Y4 a A< 1 tAE 04, ,a Q ,s/Ac o --pARK i ','� Mom° tNpUS R� " erg..Y „; „... -_ m MIA N �.! uM �Mo Na,i— nw C, .i. . e - nfA 6R — — — — — y• tea© f _.-:. 4 ., WI as .. AR TRACT MAP _, 1 Salt ei a« N.. O M aa1• ii 17i Ac n sou ISM a ' xe 1 ,u N+e 1, , a " _DEC SUGpA COVE. , a al . aft ...r U51A M P 1 —1 n k 51P.9 "" — '. ...:...? c 5 ,... . ._ ._=___ ... ..______......_ t a .1z,. ._=..... , .rff , CAI _; 7A- \,--) TF- gill- - Spin #24 Representative Peter Sporrer 1 - - .. 8B . Ox' \--1 . \V), 8B1 o{�eXas \ : (- t7-4. State I =— iwiliii �— ��JJ . )‘ KC Development C-3 I I 1_I I ,0Texas National B:nk /O C , 1-74- - — C-3 exas National Bank A —' R. Pack, 0 -, J 1-11 1 <<\_...ci - • --/-s-, 0 0-- -- F— 1...-- c--.. I-1 I II O 4 Southlake Associates Building on Faith C-3 1_1 �( G. Houdek- --n- -/\_N ' Dotty Corp. ; m Lake Properties Development 'I- -_ • A. r i L.- - L - - r ADJACENT OWNERS Dotty Corp. AND ZONING rf 1-1 N _ 7 \ L \ • Ih'Lh q sa01'1S .v.•qy) Na1S1&aN IAN Mid Awn 31Y1NlnoS VXaci9 i-LH'1"at LW ! , a ea 'r n at tYiv . 1y e LIII," �.� W 4 .11 0 a < •a. - _ " "Wflii So r .1 II s f E ...... : = 3" w a� a H iIl° F I a x g 1I 1 1I eg Ili 0,N t s. t .t.„..t y 133tl1S 1VItliSfON1 •g JJ I - — , ..,._ tw aaias�i ACM"'tl o•N.N• f:T.er -- TT—¢11._ ---- 3�',0-7ZwV.Y3 — ____-- -1 --G+v,71t►ai J — — T wi+ran' i�s�r7iry.a-- I \ w I .B• I I \\ I \ p!r ely \ ix ss VI V. Z \ ` 1 \Y W (re it -Z, \\ \ a \ a" = • " 11 \ 3 g V = W \ N' \ Z \ . - ..., \ 1 i he\\ \ 1 I f n a � - \ , \ \\\ f-a c •S\ :t.4'' a' i + \ r� I g$Q: Y w• \ \ I 1 y;yam \\\\ .. x 6" I li \11 ;e !E" I' 18i i 1 e` Y6 \ ig y _l_______mer t vi .----- --i-- d -- \ .."----- — —��lNln� 3 t. ..-... OMVA3lf109-3H'! _ _ 1/ L. IIt M'.t«1M1 lgla°Ot.'N> t110�..O • City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 95-025 Review No: Two Date of Review: 03/17/95 Project Name: Plat Revision -Lots 4R-2R-1,4R-2R-2, and 4R-2R-3.Block A. Southlake Bank Place, 11.7932 Acres.Thomas Easter Survey.Abst. No. 474 OWNER/APPLICANT: ENGINEER/SURVEYOR: Gary Houdek Roland Foerster Civil Engineers 5727 North Central F. O. Box 260411 Indianapolis,Indiana 46220 Plano.TX 750264411 Phone: (317) 255-7119 Phone: (214) 881-0725 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/13/95 AND WE OFFER 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1 Delete the "15' Drain. Esmt." label and arrows located east of the center line of the 25' Drainage Easement and west of the east boundary line of Lot 4R-2R-1, Block A. 2. Show the extent of the east and west lines of the 25' Drainage Easement with dashed lines. 3. The City Zoning and Subdivision Ordinances do not define"Private Access Easement".Please delete this easement or designate it as "Common Access Easement". * Please submit a revised blueline check print before submitting final blackline mylars. * The signed"Avigation Easement" with metes and bounds description must be submitted to the City prior to filing this plat in the County records. * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements and off-site grade-to-drain permission. * All taxes due must be paid prior to filing this plat in the County records. * Denotes Informational Comment cc: Gary Houdek Roland Foerster Civil Engineers Bill Dahlstrom, 1445 Ross Avenue, Suite 4000,Dallas,TX. 75202 G:\WPF\REV\95\95-025PR.WPD S�� • lir I) • 1� {{��j,yy� r t#f E ,' �„- _.��_ ..., . . E z g,gi x 1 . II: ii, i , Effil ug . Hit, 4.—iilgsz-= 1 i ' l�� I �: t �' �IntiffI ; t >f ;l+l • �' 1 ti �/ + _ A ; W V (y 2 1 ..3 . 4 ! ' i :I 5 1 Pr -:-..,--h511111 . - 31 I i I I 1 1 El fg, fill •ff 1t it :i o 1 j#[ 96 E f.! j!l... i IF :....: � � ,Da [k o sip ~ mg a till i E aii ' 9?i ''{�o f ',!�! la Y - # i ilia1 diiiiEi s Ili ' rill,iTimul-.: iw I11I - •. t 11 1i1t1 ! 'o , E1i Jill 1IIfi i; 4I 1 z0 . EP 1dtIit 1t . r : •fE1E1. E i tit !III! 'I t 'ii i' Ill I 1E i lsij : i Dil i • iji tr, Pi 1t II{ i fit !t11s • E E l �p t off ' ' 1,Eta III! t (le ili 1 kW, t 11 EI 1ei i 1it 1; 1f. g � 011111 :€ I id •;� r1 'Eyptyt ::t Et ,e t�•. '1 k1� tll� b�E;' I1 ill i •ii: i'y�1i!iJE t1! 1Q;E tii ;ii {i lit ; jtII I�i, Iiiit!tiilihtiiltllPftiiRffu!iiiilt °��iE {�f i�iI _ ,. ��g2 ilii 't ig 1- 1 / .47,:Ee 01 •t; 11:i:iii !Ills .' -_ I s A �' 2 o I i .., III , .cno s'ci, 9►R �f7 / ~� gA i J __ ''''.31..! tit 1' ' (....„ . dc, s.,,,. III' I f",�.0. . dIV !oIzI / __._ P'''.---_ % �I ri - i II 14a I ,.. , , 1 11111 -4.�,t N �"1 �- �. it o .ntiii yy a< w ,,E.'e H • �1 o a^ � `� ~w\ j •• t .. w e W z i 1 4t, =Ioc, w. ¢ Fr r � • A—s z - 7.uS—o.00'w .sozsT————..._———._. er;• ,7.. '4.7 i.,0 r k' p, oe,7 e ,orsr 7-,a—not ::oXsL ... m O a lwaw.vl 1- I w p1Y i -ma - I Iw.JP aYoJ7".j u:S 'sm :$j .. —at-—ma—— i — .— .--' Ltr.L �*i — s 2h,e t k — O ; $ t*oa.oci 133M1S NNVB L• r , �— — WYCI WIG ill H , $aE y 5 I a ■oo1s J I .i L o `t� Y CwN• �u s4 \ I aS r) City of Southiake,Texas RESOLUTION NO. 95-08 A RESOLUTION OF THE CITY COUNCIL OF • THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, formed a Capital Improvements Advisory Committee to work with the City staff in developing and implementing land use parameters for water, sewer and street impact fees and other duties required by Chapter 395 of the Local Government Code; and, WHEREAS, it has been established that the Committee is to consist of seven (7) members, with three (3) of the members being representatives of the real estate, development or building industries; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council desires to appoint the following members to serve on the Capital Improvements Advisory Committee: 1. Joe Wright 5. ruce Combs 2. Lanny Tate 6. W.tih 3. David McMahan 7. O,Mc' 4. Ernest Johnson Section 3. This resolution shall become effective after its passage and adoption by the City Council. Passed and approved this the day of , 1995. CITY OF SOUTHLAKE, TEXAS BY: Mayor Gary Fickes ATTEST: Sandra L. LeGrand C City Secretary qa, — , City of Southlake,Texas MEMORANDUM I March 16, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Timarron, Strathmore Addition Attached is the draft developer agreement for Timarron, Strathmore Addition. The usual requirements for performance or payment bonds, maintenance bonds, and letters of credit are all required in the agreement. There are a few items that are unique and require changes in the standard developer agreement. These items are as follows: Page 9, PARK FEES: The developer is requesting a 50% credit toward Park Fees. Due to spring reak, the Park Board moved the meeting to Monday night, March 20. At this memorandum date, the developer has not had the opportunity to formally request park credit. However, staff will have the recommendation from the Park Board at Tuesday night's Council meeting. (20. - Page 9, PERIMETER STREET ORDINANcE: The developer's cost for perimeter street is $315.75. The reason it is unusually low is because in August of 1994, Timarron provided engineering, construction, staking, administration and testing for the construction of Continental Blvd. in front of Dominion Addition. The Perimeter Street fee would have been $8,315.75 (878.14 feet X $9.46 per linear foot). The cost to Timarron to construct Continental was $8,000 (see attached letter), therefore, the Perimeter Street Fee is $315.75 ($8,315.75 - $8,000). Please place this on the March 21, 1995 Council agenda. ed---424g4QU BW Attachments: Developer Agreement Letter Maps wp60\wpdoc\wthead.mem\timarstr /V..(3_/ (1© TIMARRON, STRATHMORE 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 Timarron, ' � =m Addition, 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 Timarron, � e �a _Addition 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 Developer and accepted by the City. Performance and payment bond, letters of credit or cash /Co-a 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 facilities included in this Agreement for which Developer awards his or her .►' -2- 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. 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. 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 -3- 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 approved 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 0 Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,approved 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 approved 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;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 -4- /485 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 approved 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 -5- • 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 and m provide uniqueunderstood amenitiesby withinbetween publicthe right-ofCityand-wayDeveloper,such asthat landscapingthe ,irriDevelopergationay, 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. 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. -6- /D.d-7 C., 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 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 ft 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 -7- /D,a-S • 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: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. -8- /D,O 9 (.1 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: �g 'CS f � �f nfP '..,& c3 3 � � ' iss k �,, s E� a C a• 4:. p&' 4; t, f ✓41 $8�C 69 ,35 {21 'E{# 6"a �zy€pi a-� -<€ y € ,CC@1 ,, 8 [d �P d�. ;l ofl x k ffi a,Y Ssa €3 c ' 'E dQ (4 8,v,` .t<,< .i€ e( ��,s �� s».; � zt�'::n fc �sfl.•�,� �" ar��/'��bi r� � .,1 B. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation (11.0" Ordinance 585. R 53 A ia, ;t € : het 6 € I C' ,.; .)r-‘ 7 ; E€ ��€�- e . . .:"€ z ,�°:€•� �sY6 i € ��� 'r r� ;'S��e���t1t';€, �,�.,:i",< z:n ° 9 €' FE.. { s » ZL',�E : �,,.. ;Exit %i;•z;CF.: { .g;g.e,Pf � � ,3@. �' € s� r2tF. � &c �i c.• � 1'oeC2� tz:a3t C_^�,;s�l S 6a ,�€�€ ,� &_�,t€:�a�€t, t :" /a —'7o SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE,TEXAS By: Gary Fickes,Mayor ATTEST: Sandra LeGrand, City Secretary Date: c:Iwpfilesldev-agr timaronsd • -10- /ae// 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 financial statements. 6. Partial drawings against L of C must be permitted. (re 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:I wp6Ol de v.agr l t it imaron.str 4 1- /46-ice C de• _ August 8, 1994 Robert R. Whitehead, P.E. Director of Public Works City of Southiake 667 North Carroll Avenue Southiake, Texas 76092 Re: Continental Boulevard - Dominion Section Dear Bob: Attached is a copy of the change order between Timarron and Glenn Thurman for the Continental Boulevard improvements in front of the Dominion Development. As we have discussed, the City will (6, reimburse Timarron the amount shown on the change order upon completion of the project. Furthermore, Timarron has agreed to pay for all construction staking, administration and testing in lieu of perimeter road fees for this section in the future. If you have any question, please contact me at (214) 719-5206. Sinc ely, S e E. Yetts, P.E. Project ngineer SEY/ers Enclosure cc: Todd M. Janssen Carter & Burgess R.L. Croteau • (101 rue6+n mWowhit<hciet /4.Q/3 TIMARRON, PHASE 3 PAVING BC-9136 L SOUTHLAKE. TEXAS s _ �'%AL vv� CONTRACT CHANGE ORDER NO. 3 AUGUST 1, 1994 43.0 Glenn Thurman, Inc. P. O. Box 850842 Mesquite, Texas 75185-0842 PURSUANT TO THE PROVISIONS OF THE CONTRACT DOCUMENTS, ARTICLE 10 - CHANGE ORDERS, THE FOLLOWING CHANGES TO THE WORK OR IMPROVEMENTS CONTRACTED FOR UNDER THE TERMS OF THE AGREEMENT BETWEEN TIMARRON LAND CORPORATION AND GLENN THURMAN, INC., DATED NOVEMBER 22, 1993, ARE HEREBY MADE AND ORDERED: ESTIMATED UNIT ESTIMATED ITEM QUANTITY DESCRIPTION PRICE AMOUNT ADDITIONS AFE #9302 Continential Blvd. - extra work 1 2,555 SY Subgrade Preparation 1.00 2,555.00 2 36 TON Cement 60.00 2,160.00 3 •) 1,300 CY Roadway/Excavation 4.00 5,200.00 -3 2,149 SY 5' Type 'B' Base Course HMAC 8.45 18,159.05 9.3 2,149 SY 2' Type 'D' Base Course HMAC 3.45 7,414.05 11.3 1,460 LF Special Edge Concrete 6.00 8,760.00 16.3 4,299 LF Place, Water, Maint., Hydromulch 0.50 2,149.50 Le 17.3 1,460 LF Erosion Control Device 1.15 1.679.00 Subtotal AFE #9302 Additions: $48,076.60 0 TOTAL NET CHANGE-CONTRACT CHANGE ORDER #3-ADDmON S48,076.60 AND THE CONTRACT AMOUNT IS INCREASED BY THE AMOUNT OF FORTY EIGHT THOUSAND SEVENTY SIX DOLLARS AND SIXTY CENTS. (548.076.601, AND THE TOTAL AUTHORIZED AMOUNT UNDER THIS CONTRACT IS NOW ONE MIWON SIX HUNDRED THIRTY THREE THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND ELEVEN CENTS. ($1.633.322.111, AND IN CONSIDERATION OF SUCH, THE CONTRACT TIME FOR COMPLETION NOT CHANGED AND THE CONTRACT DOCUMENTS ARE NOT CHANGED. PREPARED AND RECOMMENDED APPROVED AND CONFIRMED BY: BY: S. E. Yetis, P.E. R. L. Croteau Project Engineer President (1 s 3167 20 3 /4.Q-/i C . . _ _ „ January 19, 1995 Carter & Burgess, Inc. Attn: Todd Janssen 7950 Elmbrook Drive Suite 250 Dallas, Texas 75247 CONTRACT #BC9135 - AMENDMENT /2 CONSULTING AGREEMENT DATED NOVEMBER 15. 1993 Gentlemen: When executed by "CONSULTANT" and "COMPANY, " this letter will serve as Amendment 12 to the Agreement dated November 15, 1993, Ifhirwpi by and between Carter & Burgess, Inc. ("CONSULTANT") and Timarron Land Corporation ("COMPANY") , in accordance with Paragraph 3 of the Agreement. 1. To increase compensation by $8,000.00 for additional engineering services and surveying tasks for improvements to Continental .Boulevard. (AFE 9302) 2. The total authorized sum should now read: ". . .shall not exceed the sum of $208,000.00, which sum shall constitute a guaranteed maximum for performance of the WORK." If this amendment meets with your approval, please execute all three copies in the space provided and return two copies to the undersigned for attachment to our AGREEMENT FOR CONSULTING SERVICES dated November 15, 1993. CARTER & BURGESS, INC. TIMARRON LAND CORPORATION Delaware Corporation) "ZN'ir.14.&1 BY: BY: 4CP1,147.I0 TITLE: UICc Pi estDe/a< 'TITLE: c") "CONSULTANT" "COMPANY" (we ame i2cAb.ti n /0,63-/.S RECEIVED 111 JUN 31994 M C i Carter Burgess . An S,d Consultants in Engineering, Architecture, Planning and the Environment June 3, 1994 Mr. Steve Yetts Timarron Land Corporation • 300 E. Carpenter Freeway Suite 1425 Irving, Texas 75062 Reference: Timarron - Continental Boulevard Engineering Proposal Dear Mr. Yetts: We are pleased to provide this proposal for engineering services related to the improvement of Continental Boulevard. The Scope of Service considers design of that area of the roadway outside our current contract limit, and more specifically that area immediately adjacent to the Dominion property. Additionally, the scope of service also considers re-cross-sectioning Continental both within the limits of our current contract and that area adjacent to the Dominion property. Carter and Burgess proposes to provide the following engineering services: 1. Cross-section approximately 2,600 lineal feet of Continental Boulevard at 100' O.C. or less as necessary. Reduces field notes and plot cross- sections. 2. Design that portion of Continental (approximately 730 lineal feet) to the west of the current contract limit to include street plan and profile as well as right-of-way ground line profiles. 3. Earthwork quantity takeoff. 4. Provide additional construction staking administration services for that portion of Continental adjacent to the Dominion property. The maximum proposed compensation is as follows: Le` 1. Survey cross-sections 2,000.00 Carter&Burgess,Inc. 7950 Elmbroi/M j/ I250 Dallas,Texas 75247-4951 (214)638-0145 Metro(2 Fax(214)638-0447 Mr. Steve Yetts L June 3, 1994 Page 2 • 2. Design roadway plan and profile 2,200.00 3. Earthwork quantity take-off 1,400.00 4. Construction Staking and Administration 2.400.00 Total: $8,000.00 Please note that this proposal does not consider the design of the box culvert extensions for the tributary crossing adjacent to the Dominion. It is our pleasure to provide this proposal to you and once again appreciate the opportunity to be of service to Timarron Land Corporation. Please do not hesitate to call should you have any questions. Very truly yours, CARTER & BURGESS, INC. („0„. Todd . Janssen, P.E. Project nager TMJ/dmk 940032.dmk • • • /Dl9-/7 _ t -a :q --- g.,. 1,11, i I I ; , .:, i .., • i. Pi Id;' i 1.�F i f +t 'il .Y 7 iliN (I..i, ..• r/it1 k4k ` 1 Eft fz;� i,h !ihU �j i14 ) 2 1. r id Fs '$ a ► � 1 ; �i 1 lflliliiiiii Ii ii;l) is ! 1 C w '_! p.. i g OR.ipt4gG Inintin•1It �F �il ! s li 1 4 aii f 3 e i {) to y- -- - I i i; rqil a t£L1 6 it1 • lysl�yiiy + ��.�� 9 ; �iIii • � .T . y ii .7 tt •il Y iiil II il 1 5Ev. _IIS" 11 t 1. a I1i i 111 IthihIll CC 11.......y rit I. •-ii:•—, a— 1—%Mi A g - i‘Af....,:a.:.• /r.*Is h„ •,. .••, 6 " It nii I ,s4614, itil I --&-,141 i •-• : 4,/..,.„ , - , . ..„,. .,v - ..4-*:* I ; ` - it' ;•;; iiiii 14 • i . 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L Qom' riy*= - ! so1 i ��I�_` OrI I "Ill � ~ Iw 60 /•�� lir it op ✓ �' . 0 .: K in K SA 3 w •, r• ' I /Aiii �' I 4C�' �1, lialta PST mrw,orta i iffinkilW 14 :kg.) :ri rifivir*0 • 1 291 ' ..11,c.til 1, 1 l b= -OLLING3WO TN 1) ex 4.1 ■ gg, rir 11 \ A-7t7 WIPIr r i **‘ /08 0 I .1 e an *.*'1if Vilif 1 , *.11131 34 ' .11 3.43 I1 ' 1 ala N4' I ply 1 A�is pf� A110N ' W.U. DAV 1 PIPORY iiii II VIM iINN TRACT MAP30 4 111• ■ ■� � 1 A . iA I I pf I Ifs I I /C,C/9 City of Southiake,Texas MEMORANDUM March 15, 1995 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Perimeter Road Fees We have recently been asked for estimates of perimeter road fees to be charged under the new Perimeter Road Fee Ordinance. Based upon our understanding of the ordinance and of Council's direction, we have been quoting a fee based upon the ultimate road section with drainage. We have been making judgement calls relative to the type of surface (asphalt or concrete) based upon locations within the City. Developers have expressed a concern relative to not definitely knowing whether the perimeter road fees would be based upon 1) ultimate versus interim section, 2) asphalt versus concrete, 3) drainage versus no drainage. Normally the perimeter road fee is finalized at the developer agreement stage of the development process. With the recent increase of fees and the various options possible the cost to the developer can vary greatly. While we have heard the expected "grumbling" about the new fees, the greatest complaint appears to be the lack of certainty and the "timing" of the decision. The Developers need to get their financial package together, normally, prior to the preliminary plat. Their expressed concern is over the uncertainty of which fee to include in their financing package. I have enclosed two examples of the possible variations depending on which perimeter road fee option is used. I have also included a matrix which shows the cost per foot of the various perimeter road fee options. The largest differences in the fees are in those areas where we have the option of charging either an ultimate section or an interim section. As you can see from the matrix the difference for an ultimate A5U w/drainage ($78.33) and a 24' interim section w/drainage ($47.50) is $30.83 per linear foot. For a developer with a large frontage and few lots, this could amount to a large amount on a per lot basis. W ou ike some further direction as to what road fees should be quoted to developers. RJH/ ///3-! City of Southlake,Texas EXAMPLE 1 Property located at Southeast corner of White Chapel and Bob Jones Ultimate roadway for both roads is A4U, total length is 1,449 feet. Section Cost/foot Total Cost A4U w/Drainage (HMAC) $60.00 $86,940.00 A4U w/o Drainage (HMAC) $45.00 $65,205.00 A4U w/Drainage (Conc) $71.67 $130,849.83 A4U w/o Drainage (Conc) $53.33 $77,275.17 Interim w/Drainage (24') $47.50 $66,827.50 Interim w/o Drainage (24') $27.50 $39,847.50 Cost Comparison - Example 1 $140,000.00 , I $130,849.83 $120,000.00 $100,000.00 Legend I . ft MU w/Drainage(HMAC) $80A00.00 $77 275.17 MU w/o Drainage MAC III MU w/Drarmage(Cons) II MU w/o Drainage(Cone) $60,000.00 II Interim w/Dcuins a(249 Interim w/o Drainage(24') ,Y $40,000.00 '�T'� $20,000.00 S0.00 Total Cost LP' //old--AZ City of Southlake,Texas EXAMPLE 2 South Hollow Continental - A5U - 1,036.51' Carlisle - C2U - 1,648.15' Rainbow - R2U - 496.20' Asphalt Concrete Section w/Drainage w/o Drainage w/Drainage w/o Drainage MU $78.33 $58.33 $93.33 $70.00 C2U $48.33 $36.67 $55.00 $41.67 R2U $52.50 $40.00 $67.50 $50.00 A124 $47.50 $27.50 C124 $47.50 $27.50 Option Total Cost All ultimate w/drainage(HMAC) $186,895.42 Continental ultimate,Carlisle 24' interim,Rainbow ultimate residential,all w/drainage(HMAC) $185,527.45 All 24'interim $153,571.85 Cost Comparison - Example 2 $200.000.00 527.45 S153,571.115 S150,000.00 $50,000.00 5 � k $0.00 Legend All ultimate w/drainags(HMAC) ▪ Continental ultimata.Carlisle 24'Interim,Rainbow ultimate residential.all wMrsinsps(HMAC) ▪ Al 24'Interim //dd L City of Southlake,Texas MATRIX Perimeter Road Fee Options Asphalt Concrete SECTION w/Drainage w/o Drainage w/Drainage w/o Drainage A5U $78.33 $58.33 $93.33 $70.00 A4U $60.00 $45.00 $71.67 $53.33 C2U $48.33 $36.67 $55.00 $41.67 R2U $52.50 $40.00 $37.50 $50.00 A124 $47.50 $27.50 AI48 $92.50 $47.50 CI24 $47.50 $27.50 CI48 $92.50 $47.50 • 1%1 IP //e City of Southlake,Texas MEMORANDUM March 21, 1995 TO: Robert Whitehead, Director of Public Works FROM: Shana Yelverton, Assistant City Manager SUBJECT: Park Dedication Fee Credits -- Timarron Stratlunore Attached you will find a letter from Steve Yetts, Project Engineer for Timarron. The request he has made is somewhat unusual, with several points worth noting. First, Mr. Yetts approached the Park Board at its March 20, 1995 meeting with a request for credit for the fees required for the Stra - e of Timarron. Strathmore contains 109 lots, which would result in a requirement sof,$54,500 park dedication fees, total. During the course of conversation with the Park Boa , . etts discussed his willingness to work with the City in its development of a city-wide trail system, specifically noting that opportunities exist to work together to develop the segment of trail on Continental which runs through Timarron. Ultimately, the Park Board approved a motion to grant 100% credit for Strathmore contingent upon the development and dedication of a trail on Continental from White Chapel to Byron Nelson Parkway. Please note that the subdivision regulations clearly state that "private park, recreation or open space amenities may never satisfy more than 50% of the total park and open space dedication requirements." Since this trail is intended to be public, this is an allowable means of granting credit. You will recall that the Oak Hill developer received 100% credit because of improvements he made to Bicentennial Park. You will note that Mr. Yetts is proposing the construction of a trail from Bent Creek Drive (the Information Center) to Byron Nelson Parkway, which is approximately 3,000 l.f. and includes two bridges. In our discussions today, he pointed out that the piece from Bent Creek Drive to White Chapel is not owned by Timarron, but the homeowner's association, and he is unclear about how dedicating the property to the City could be accomplished. He has stated that he is looking into this issue. The Park Board did not formally act on Mr. Yetts' request to credit future Timarron •evelopment for any trail construction costs which exceed the credit amount. Mr. Yetts will be present at the City Council meeting to discuss this issue as part of his developer agreement. SKY • AC t March 21, 1995 TIMA R R 0 N Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, TX 76092 RE: Timarron's Strathmore Developer Agreement Dear Mr. Hawk: Pursuant to the City Council's consideration of the referenced agreement, Timarron. requested and was granted, 100% credit toward Park Fees for the 109 lots in Strathmore ($54,500). In return, Timarron proposes to grant an ingress/egress easement, where necessary, as well as construct a 6' wide concrete trail along the south side of Continental Boulevard from Bent Creek Drive to Byron Nelson Parkway. This trail is consistent with the Trail Master Plan currently being drafted by the Park Board. Furthermore, this trail will be owned and maintained by The City of Southlake. In the event that this trail construction cost exceeds the credited amount associated with the referenced project, Timarron requests that the incremental amount be applied to future development associated with Timarron. If you have any questions, please do not hesitate to call. I look forward to discussing this proposal at the March 21 Council meeting. ��erely, Steve Yetts PE Project Engineer c.c R L Croteau Tony Freeman rr D n �2:26Pi lu r 4R1IY 2 P OO// 1ii/ • TIMARRON Trail System From Bent Creek Drive to Byron Nelson Parkway 1. 3000 LF @ 6' TRAIL @ $14.60/LF $ 43,800.00 2. -25' SPAN CONTINENTAL BRIDGE $ 30,000.00 3. 1-15' SPAN WOOD BRIDGE $ 6,000.00 $ 79,800.00 *Costs!based on low bidder 3-20-95. C 94302804D.M01