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1995-10-17 CC Packet City of Southlake,Texas MEMORANDUM October 13, 1995 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting October 17, 1995 Note:The minutes of the October 3 City Council meeting, including the continuation on October 10, are not yet completed. City Secretary Sandy LeGrand had to leave last Tuesday, October 10, to be with her daughter Amy in Odessa. Amy gave birth to a daughter Tuesday; there were complications so Sandy has not yet returned. Given the work load, we have not had time to complete the minutes. They may be ready to disseminate to City Council Tuesday night, if not they will be in the next packet. Our work load is such that the absence of one staff member is critical. We will keep you posted as to the condition of Sandy's new granddaughter. 1. Agenda Item No. 4B. City Manager's Report. The Departmental Reports and Administrative Calendars are in your packet. Please feel free to contact the directors or me if you have any questions. Note particularly the decline in the number of SF building permits. (Revenues from permit fees will probably meet budget projections due to an increase in commercial permit values.) The key point here is that many people are still urging the City to "do something" about the "runaway" residential growth, while in reality it peaked in 1993- 1994. Unless we have developments with houses considerably under the $200,000 range, I do not see us having the spurt we had in the period from July 1993-September 1994. Note also that sales tax receipts are continuing to increase significantly when compared to the same month the previous year. It really becomes apparent, when you compare the SPDC receipts this year against prior year, of the impact the retail sales tax growth will (0, have on our ability to fund future park and recreation facilities. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 2 2. Agenda Item No. 5A. Award bid for Dove Creek Drainage Channel. Summerplace Addition. The low bid by Sprinkle-N-Sprout, a local contractor, of $99,997.50 is considerably better than the $148,677.70 low bid in August. It is anticipated that work will begin in mid-November. The recommended (low-bid) contractor is ready to proceed. As soon as the paperwork is completed, the contractor will be issued the "notice to proceed." This should be around the first of November. The contractor then has ten days to begin. In rebidding the project, the time of completion was increased from 120 days to 150 days. The construction should be completed by mid-April 1996. 3. Agenda Item No. 5B. Resolution No. 95-28. Release of two easements on Bailey LProperty. As pointed out in the memo from Bob Whitehead, the easements from the Baileys are no longer needed. The equitable thing would be to release the easements as requested by the Baileys. 4. Agenda Item No. 7A. 2nd Reading. Ordinance No. 480-184. (ZA 95-95). rezoning for 3.678 acres. from AG to SF-1A. Joseph & Kimiela Mortazavi. There have been no changes in this request since City Council approval of the 1st reading 6-0. 5. Agenda Item No. 7B. 2nd Reading. Ordinance No. 480-179. (ZA 95-73). rezoning and concept plan for Solana--residential. The applicant has submitted a revised Concept Plan which is included in the packet. This plan reflects the changes as approved October 3, 1995 by City Council on 1st reading (5-1), with the exception of the items as noted in the staff Concept Plan Review Summary No. 5. Note particularly item#5 referencing the permitted uses and the City Attorney's recommendation that this not be restricted to the districts as of (16..„ September 1989 as requested by the applicant. The development regulations which impact the "buildable area" would be in place as of the date of approval, but the permitted uses in Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 3 the underlying districts could possibly change over time due to amendments in the zoning ordinance. The attorney can elaborate on this concern at the work session if you feel it is necessary. 6. Agenda Item No. 7C. 2nd Reading. Ordinance No. 480-180. (ZA 95-74). rezoning and concept plan for Solana--non-residential. The applicant has submitted a revised Concept Plan which is included in the packet. This plan reflects the changes as approved by City Council on the 1st reading(6-0)with the exception of the items as noted in the staff review summary. Note item#2 in this review summary which is the same issue as discussed above. 7. Agenda Item No. 7D. 2nd Reading. Ordinance No. 480-182. (ZA 95-83). rezoning and concept plan for Meadow Ridge Estates. As of this writing,the applicant had not submitted (hir any revised concept plan for review by staff. Representatives of the applicant have told staff that they are meeting with individual Councilmembers, and intend to bring any proposed revisions to the meeting on 10/17/95 for City Council consideration. City Council approved the 1st reading 5-1. We have not received any additional comments or concerns from adjacent property owners since the last meeting. 8. Agenda Item No. 8A. 1st Reading. Ordinance No. 480-185. (ZA 95-98). rezoning for 9.857 acres at 1836 N. Peytonville Avenue. from AG to SF-1A. There are no unresolved issues regarding this request. Note in the memo from Karen Gandy, Zoning Administrator, that the applicants have submitted a two-lot plat showing on the property. The applicants intend to build a home on one lot and continue to lease the home on the other lot. The Planning and Zoning Commission recommended approval 6-0. 9. Agenda Item No. 8B. 1st Reading. Ordinance No. 480-Q pertaining to the Neighborhood Preservation Ordinance. The memo from Karen Gandy summarizes the various aspects of this ordinance. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 4 In order to be sure that any interested parties had an opportunity to review and comment on the ordinance, we sent the attached letter dated 9/29/95 to all persons who expressed an interest in the Corridor Study and provided us with an address on sign-in sheets which were present at every public meeting. We sent out approximately 142 letters with the draft ordinance attached. We have received some feedback. Greg Last has heard from June Haney,who would like to make sure there are lighting provisions included in the ordinance, and from Charlie Fechtel, who expressed various concerns and commented that he may contact the City Council to discuss his concerns. I have received a couple of telephone calls concerning the ability to enforce the provisions. Otherwise, no other comments have been received as of packet preparation time. The Planning and Zoning Commission recommended approval 7-0 following months of discussion(as evidenced by the number of drafts). 10. Agenda Item No. 9A. Resolution No. 95-43. Appointments to the Building Board of Appeals. Note in the memo from Paul Ward, Chief Building Official, that each member wishes to be reappointed. The ordinance (No. 622) creating the BBOA authorizes reappointments. Should City Council wish to reappoint the members, the names could be filled in during work session and the resolution could be moved to Consent Agenda. 11. Agenda Item No. 10A. Request by Dr. Greg Wright for a variance to the sign ordinance. Dr. Wright has requested the variance to the setback requirement due to the topography of the land and the right-of-way requirements along F.M. 1709. 12. Agenda Item No. 10B. Request for City participation in a drainage issue in the area of Ridgecrest and Dove Roads. This is the drainage problem we discussed with City Council previously in Executive Session involving Mr. Shelton, Mr. Miller, and Mr. Burton. We will need to discuss again in Executive Session prior to your consideration. C 13. Agenda Item No. 10C. Proposed land purchase for municipal purposes at the southeast corner of N. White Chapel Blvd. and East Bob Jones Rd. We have received considerable Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 C., Page 5 opposition to our intended use of the two lots we have under contract. We considered these lots due to a number of factors, but cost and ability to pay (terms) were significant among them. There are two conceptual schematics in your packet--one showing soccer field layouts, one showing the possible maintenance facility layout. Staff would like you to consider the following: ▪ Location. The ideal site for a maintenance facility would be in the middle part of town, but due to the current development, there is no viable site in the central part of town other than commercial properties along S.H. 114 or F. M. 1709, or industrial properties along S.H. 26. • Price. Any industrial or commercial (planned or zoned) land of size appropriate L to our long-range need for a maintenance facility would be considerably more expensive than what we have contracted to purchase these two lots for, thus, if we do not purchase these two lots for the maintenance facility, we need to be prepared to pay a much higher price. • Impact on future park. The 17 acres we have under consideration are flat and easy to work with in terms of layout. It has been suggested that we place soccer fields on the 17 acres and place the maintenance facility back in the trees or next to the Corps of Engineers property. After discussing this with staff, it can be demonstrated that this would greatly detract from the attractiveness and useability of the future park which will be one of our major community attractions. • Should City Council not want to place the maintenance facility on the site in question, staff would recommend the City Council still (1) purchase the property for the soccer use given the property's adjacency to the park, its suitability to playing field use, and the price and terms, and (2) consider some other site for the maintenance facility, even if we have to pay commercial/industrial land prices. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 6 There are several such sites we have identified that we will discuss with City Council in Executive Session. 14. Agenda Item No. 10D. Request by Laidlaw to increase the charge for the commercial rolloff service in Southlake. Currently Laidlaw charges $161.80 per load for the 30-yard container. In early September, Laidlaw requested to appear before City Council to receive authorization to increase the existing rolloff rate structure. Included in your packet is the calculation by Laidlaw supporting the.need to increase the rate structure in Southlake. The City's contract with Laidlaw expires April 30, 1997. Under the terms of the (ispe agreement, the contractor may request in writing for an adjustment to the rates. As set out in section 10.7 Modification of Rates in the agreement, "...Contractor shall furnish evidence as to the need for such adjustment, and the City Council...may approve or disapprove such request, having due regard for such other factors as the City may deem relevant." Doug Rivers, Municipal Marketing Manager for Laidlaw, will present the request to City Council during the October 17th meeting. OTHER ITEMS OF INTEREST 15. Street Name Changes - You will recall that Councilmember Maness requested that we research the inconsistencies in the street names in the vicinity of Shady Lane. Previously we provided a summary of our research as an attachment to my memo. We have since contacted Doug Fierce, SPIN Standing Committee member for SPIN Neighborhood #6, and asked for input from the neighborhood regarding which names they would prefer for Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 7 the streets in question. Once we receive a reply from Mr. Fierce, we will be bringing you an ordinance for your consideration. 16. REMINDER: The joint SPDC/JUC/Park Board meeting is scheduled for Monday, October 16 at 7:00 p.m. at the Durham Elementary Cafetorium. This will be an opportunity for the three boards to discuss ideas and short-term/long-term planning for future joint projects and joint recreational/athletic facilities. 17. Don't forget the joint SPIN/City Council meeting scheduled for October 26. As previously mentioned, the schedule is as follows: SPIN Standing Committee Regular Monthly Meeting 6:30 p.m. (■•• Informal Reception 7:30 p.m. Joint Meeting 8:00 p.m. Adjournment 9:00 p.m. The discussion will focus on the Standing Committee's efforts to evaluate the first year of the SPIN program, as well as the goals and objectives they have set for the coming year. It would be helpful if you will all be able to attend the meeting. The SPIN representatives • will appreciate the opportunity to visit with you about the program and other issues. 18. Pavement Distress Study in Timarron - Mr. Doug Deno of Wiss, Janney, Elstner and Associates, Inc. has been analyzing the streets showing pavement distress. The nondestructive radar mapping of voids under the pavement is complete. Excavations were made last week and soil samples obtained. On Monday, October 8, Mr. Deno and Mr. (ow Hillhouse of the soil testing firm, briefed Public Works personnel on the following: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 kome Page 8 • Three excavations were made -- one in a non-failed area and two in failed pavement areas. In the failed or distressed areas, the sewer trench had subsided, causing a void under the pavement. The soil in the trench was wet and saturated. • Three more excavations were planned, however, if feasible, the consultant will bore a hole in those areas to confirm the findings of the first three excavations. This procedure will cause less impact on the street and neighborhood than would excavation. • The soils analysis has not been completed at this time. • The consultants suggested that, based on the preliminary findings, the City's trench backfill specifications and detail be changed to include a "filter fabric" immediately above the stone bedding around the pipe. Bob Whitehead, Director of Public Works, has requested Cheatham and Associates to include the new trench design in any new project. Ron Harper, City Engineer, will work with the developers of projects currently underway. Until we receive the final report, we do not have anything to make it a requirement. The fmal report is expected in four weeks. If you have any further questions, please call Bob Whitehead. Meanwhile, we will keep you posted. 19. Sanitary Sewer Extension to Neighborhoods - Surveys were sent to the Year One neighborhoods to ascertain their willingness to participate in the program. As of October 13, the following responses have been received: (libe Whispering Dell Estates 34 lots 71% response 24 -- YES (100%) 0 -- NO Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 9 Emerald Estates 49 lots 71% response 31 -- YES (89%) 4 -- NO Cimarron Acres 16 lots 50% response 4 -- YES (50%) 4 -- NO Vista Trails 71 lots 63% response 42 -- YES (93%) 3 -- NO Highland Estates (letters mailed 9-28-95; requested response by 10-9-95.) 17 lots 64% response 9 -- YES (82%) 1 -- NO 1 -- DON'T KNOW Bids for Vista Trails will be advertised on October 22, the others as soon as possible with the exception of Cimarron Acres. As directed by City Council, we will not follow through with Cimarron Acres due to the lack of interest in participating in the program at this time. If you have any further questions, please feel free to contact me or Bob Whitehead, Director of Public Works. 20. Update on Access to Local Option Cable Channel - We have received the equipment needed to telecast bulletin board messages and "crawlers" on the local option cable channel on Harron Cablevision (channel 25). We anticipate this feature being operational by October 31, allowing the City to display community information, meeting dates and times, SPIN announcements, etc. In the near future, we also plan to begin videotaping events such as Council meetings, SPIN Standing Committee meetings and other events, (hime for delayed telecast. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 10 CISD is also planning to purchase the necessary equipment to share the channel with the City. If you have any questions, please call Kevin Hugman, Assistant to the City Manager. 21. Construction Update: Bicentennial Park, Phase I- The remaining irrigation lines are being installed and should be completed by the end of next week. Installation of trees and lighting in the parking lot is scheduled to begin soon, and sealing and striping of the parking lot will be done next week. Masonry work on the concession and restroom is complete; the fence around Adventure Alley is on order and should be installed in a couple of weeks. The Parks and Recreation Department crew installed drip irrigation to the trees at the playground. (kir Carroll Middle School Gymnasium/Recreation Center - The dedication was held Wednesday, October.11, with a large crowd in attendance. Thanks to all who were able to come. This is a significant achievement. Dove Road - Engineering plans are nearly completed; anticipate staff will request authorization to bid at the first meeting in November. Sanitary Sewer to North Davis Business Park - Construction has begun and is approximately 30% complete. S-2A Sewer- Design is complete and we are currently acquiring ROW. Anticipate going out for bids once all ROW easements are obtained. c, 22. FYI, apparently a Mr. John McSweeny, a resident of The Dominion, told Community Development that he had been approached by another resident planning to organize the neighborhood in a petition drive to ask City Council to allow their community to become Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 11 gated. We do not believe they are very far in gathering support (this seems to be in the preliminary stage, but we wanted you to know about it). 23. Harvest Fest and Carnival - The 10th annual Halloween carnival has been scheduled for Saturday, October 28 from 6 - 10 p.m. and Sunday, October 29 from 6 - 9 p.m. at Durham Elementary. Families can enjoy carnival games (sponsored by local community groups), a Haunted House, Haunted Hayride, refreshments and lots of fun. As always, volunteers are needed! If you would like more information about the carnival, or are willing to help out, please contact Shelly Lanners, Recreation Supervisor, at extension 772. (10., 24. Potential water tower sites in southeast portion of Citypreviously p ously discussed with City Council. We have been notified that each of the three sites we discussed, including the one in Village Center, would be acceptable to D/FW International Airport from the standpoint of height hazards and aeronautical activity. However, D/FW has referred us to the Federal Aviation Administration to perform an aeronautical review to ensure compliance with federal regulations. We are in the process of submitting an application to the FAA. 25. Complaint concerning Brandon Baker Drainage Channel. You perhaps recall several complaints during City Council meetings by Mr. Baker in regard to proposed developments and the impact on his drainage channel, plus the question of erosion outside his channel. We requested Cheatham and Associates conduct a field survey to pinpoint the complaints in relationship to the dedicated easements. We will discuss the complaint in executive session due to the legal implications. The attached correspondence is to give you background for the discussion. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 13, 1995 Page 12 26. Attached FYI is a brief summary of the situation with S.H. 114. This may be helpful to you in answering questions you receive. We will schedule a brief discussion item soon to discuss our next steps. 27. Today at lunch we held our 1st annual Southlake United Way Kick-off Cook-off. The different departments and work units entered their own special brand of chili to be judged. Special thanks to Councilmembers Hall, Maness, and Richarme (along with John Hall, John Hicks of the Grapevine Sun, and Marylee Spanjian of the Colleyville News and Times) for serving as judges for the chili and the display booths. A good time was had by all but the real purpose was to kick off our municipal United Way Campaign. As a reminder, two years ago the City of Southlake was the highest per capita municipal contributor to United Way in Northeast Tarrant County and last year we were number one for the whole county. We hope to continue the trend. It is more evidence of the caring nature of our employees. CEH/kb C.\W P51\CEH&CC\95-10-11.MTG L TEL No . Oct 16 ,95 15:08 No .006 P .02 DRAFT lb October 10, 1995 1 ORDINANCE NO.4180-Q 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE 5 OF THE CITY OF sour LAKE,, TEXAS, CREATING 6 NEIGHBORHOOD PRESERVATION SPECIAL 7 DEVELOPMENT REGULATIONS FUR NOPIRESIDENTIAL 8 DEVELOPMENTS WITIGN CERTAIN ZONING DISTRICTS; 9 PROVIDING THAT Tao ORDINANCE SHALl RR 10 CUMULATIVE OF ALL ORDINANCES; PROVIDING A 11 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY 12 FOR VIOLATIONS ; PROVIDING A SAVINGS 13 CLAUSE;PROVIDING FOR PUBLICATION IN PAMPHLET 14 FORM;PROVING FOR PUBLICATION IN THE OFFICIAL IS NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS,the City of Soathlalaa, Texas,is a home rule city acting under ite charter 18 adopted by the electorate pursuant to Article XI,Sectiqu 5 of the Texas Constitution end Chapter 19 9 of the Local Ouvenunciit Codes end 20 21 WHEREAS,the City of Southiake has bra adopted Ordinance No.480,as amended, 22 as the zoning ordinance of the city;and 23 24 WHEREAS,the City of Southlalte has blato'dvalty developed as a teaddoatiai co=uumitr • 25 which is particularly suited far the development of a quality residential lifestyle which is separated 26 from non residential developments which might adversely impact said residential neighborhoods; 27 and 28 29 Wes,several editing and plumed=Wend nelghbotlioods are boasted adlacent to 30 properties which are developing or will be developed for businms and commercial use;and 31 32 WHEREAS,the city council of the City of Southlake recognizes the vital importance of 33 residential neighborhoods and the need to mum and protect residential neighborhoods from the 34 adverse effects of adjoining non-single family rcstdrsitl*i uses;and 35 36 WHEREAS,the city ootimeil desires to/n ortect* 1 enhance the attr venesa of the city to 37 visitors;to promote and stimulate the economy;to ensure the harmonious,orderly and efficient 38 growth and development of the city;to preserve property and property values;and to maintain a 39 generally harmonious outward appearance of both sinitrie family residential and non-single tunny 40 residential structures which are compatible and complementary;and 41 42 G:fORDwerommoittomB.CLX ( . or 8.6-4 TEL No . Oct 16,95 15:08 No .006 P .03 DRAFT 9b (bwOctober 10, 1995 • for the preserving I Wes,the city council desires to adopt this ordinance purpose of prwods byg rotecting the quality of residential life of existing and future residemia r t 2 and 3 adopting reasonable regulations that will promote non-residential development that is compatible 4 and complementary with adjoining single family residential i,m ierties. • 6 NOW,THEREFORE,BE IT ORDAINED BY THE CTI'Y COUNCIL OF THE C ITit 7 OF SOUTULAKE,TEXAS: 9 SECTION 1; 9 10w sections 8.6 1�.6,17.6, 11 Ordinance No.480,as amended,is hereby amended eft 12 18.6, 19.4,20 6,21.6,22.6,23.6,2�4.6,25.6,26.6,27.6,28.6,29.6,30.6,31.4 and 32. tivCly+o (e o 9 a s 13 and by renumbering the remaining sectionsaccordingly: Attoas 14 15 1AADD1TIONAL DAVELOEM 16 'J N M k as13R RJ nir/B,PD FEET oartoutazzauthaximansorna, cable to this district, 17 pROFERTY"- In addition to the development regulations appli 18 the development regulations established in Section 37 19 48ertamaneffied,shall also apply. 20 sE•c.rr° new Section 37;s fnlldws: 21 Ordinance No,480.as amended,is hereby amended by adding 22 23 SECTION 37 24 25 26 37.1 MUM AND INTENT - In order to preserve and protect sinificant 27 architectural and cultural attributes of the City of Soutblake, the City has 28 determined that it is necessary and appropriate to adopt specialized 29 regulations to prevent any dettimenud Impact from thelocation of non-single 30 family residential uses in proximity to single family residential uses. 31 32 It is the intent of this Section that the development smadatds sat forth herein 33 shall supersede any other provision established by this ordinance or other 34 ordinances,except that when conflicting requirements are found,the more 35 stringent requirements shall apply. However,the following exception shall 36 apply: Corridor Overlay Zone requirements found in Section 43 shall take 37 precedence if there arc conflicting standards in this section. 38 39 37-2 DEFINFI IPNS-The following demotions shall be applicable to this section. 40 41 Means those physical feature% of bu___Bs and 42 structures that arc generally identified and 49eribed as being important PAGE 2 G;IORDWf1G1171ORIDPIYMCLN tiaw 88-5 • TEL No . Oct 16 ,95 15:08 No .006 P .04 DKWF lb actobar 10, 1995 products of human thought and action characteristic of a population or 2 community. 3 4 Ciall=1.Attribitaft, Means all of those ph sy ic�l feature.:of an_ar+ea that, 5 either independently or by virtue of their interrelationship, are gerierally 6 identified and described as being important products of human thought and 7 action characteristic of a population or community. Accordingly,the term 8 "cultural attributes"necessarily includes"atdntieattual attributes"as that term 9 is defined in this section.. The term"cultural attributes*does not refer to the .0 characteristics or beliefs of people who may reside in or frequent a particular 11 area. 12 13 Binglibuglxiesidodalhastc Mks any lot or tract of land upon l4 which a single family residential horns exists or any lot or tract of land with 15 single family residential zoning or any lot or tract of land designated as low 16 or medium density residential on the Ladd Use Plan. 17 18 Under Caniltrpetkar Means that a valid building permit has been issued by 19 the City for construction of a single family residential dwelling. 20 21 Yisitkle: Means that the objeot(s) being screened can be seen from any 22 elevation equal to the grade which is defined as the lowest point of elevation ‘10,23 of the finished surface of the ground,paving or sidewalk when measured on 24 a line five feet(5')from the building. 25 26 37.3 > ETd?PM1' '1' RFGUL.ATIQh1S: In addition to the development 27 regulations applicable to the underlying district, the following additional 28 development regulations shall apply to all developing properties lying within 29 four htuu>md feet(4U17)of single family residential property measured from 30 the property line of the non-single family residential use, hereinafter known 31 at the"control distance." 32 • 33 1. Exterior Finish: All stntetures shall have an exterior finish of brick or 34 natural stone covering a minimum of eighty percent 00%)of the area 35 of each facade,excluding doors and windows. 36 37 2. Maximum Height: All structures shall not exceed the maximum height 38 permitted in the"SF-1 A"Single Family Residential District. 39 40 . . . . 41 42 PAGE 3 o tiQRows tBonwr'era ctly 8B-6 TEL No . Oct 16,95 15:08 No .006 P .05 DRIFr9b October 10, 1995 1 3. Exterior Lighting: The exterior lighting shall operate in such a manner 2 as to ensure that lighting patterns are directed onto the non-single family 3 residential property and do not directly project onto adjacent single 4 family residenhial property. 5 6 4. Trash Receptacles: No trash receptacles shall be allowed within fifty 7 feet(5(Y)of single ihmily residential property. �� % .}- 8 seetien—shall—tenstructAtrasonry meaning 9 receptacles. Screening walls chill be four-sided with an opaque pie and 10 shall be a minimum height of eight fat(8). 11 12 5. Performance standards: 13 14 a. Waste Collection and Disposal: Developments shall ensure that the 15 disposal of and collection of solid waste,trash and other refuse into 16 trash receptacles or dumpetera does not occur between the hours of 17 10:00 p.m.and 7:00 a.m. 18 19 b. Deliveries; Developments shall ensure that deliveries made by 20 vehicles exceeding 10,000 pounds gross vehicle weight(G,V.W.) 21 shall not be received nor dispatched between the hours of I0:00 22 p.m.and 7.00 am. 23 24 6. Roof Requirements: The roof systems of all structures shall be of the 25 same type(e.g.,gable,hip,shed)end the same pitch(e.g.,6:12,8:12, 26 10:12),and clad of the sage materials that are found on the majority of 27 single family residential properties lying within the control distance. 28 In the event that such a roof system would cause the height of the 29 structure to exceed the maximum height as permitted,a mansard roof 30 system may be utilized provided that the ma sard tooth is enclosed on all 31 sides and that the pitch, height and cladding of the mansard roof is 32 compatible with the roof systems on the majority of single family 33 residential properties within the control distance. On single-story 34 strut:urea,the highest point of the mansard roof(using the measurement 35 method established by the currently adopted Uniform Building Code) 36 shall meet the height of the meipt'ity of single-story single f roily 37 dwellings within the control distance. On multiple story structures,the 38 highest point of the mansard roof(using the measurement method 39 established by the currently adopted Unilbrm Building Code)shall meet 40 the height of the majority of multiple story single family dwellings 41 within the control distance. 42 PAGE 4 c:wRuwsrcrraoxIoEVacrav L 8B-7 TEL No . Oct 16 ,95 15:08 No .006 P .06 DRA '%% October 10, 1995 a. Insufficient Comparisons Available: In the event that single family 2 residential property within the control distance contains fewer than 3 throe(3)residences existing or under construction or in the event 4 that there is no majority of style of single family. residential 5 property within the control distance, the roof systems of ell 6 structures subject to this regulation shall be gable or Lip with 6;12 7 mrmp1tcti and clad with composition shingles,slate or a man- 8 made slide-like product. In the event that such a roof system 9 would cause the height of the stnticture to exceed the maximum 10 height as permitted,a mansard roof system(enclosed op all sides) 11 may be utilized provided that the mansard roof.hiNA pitch 12 between 6:12 and 10:12,aminimum height of twenty-five feet(25') 13 and is clad with composition shingles,slate or a man-made slate- 14 like product. 15 16 7. Location: If the structure to be regulated is located on the same street 17 as single family resit ndal properly and if single family residential 18 property is within the control distance,the following shall be required: 19 20 a_ Front and Side Yards: The regulated structure lure shall have front and 21 side yards equivalent to the front and side yards required for the 22 single family residential property,but not less than the front and ,r23 side yards as required by the underlying zoning district of the 24 regulated stnrctare. 25 26 b. Parking Limitations: If the:misted structure is oriented the same 27 as the single family residential property,no vehicular packing shall 28 be permitted in the area which comprises the front yard of the non- 29 single Amity residential structure. r� 30 31 e. Display of Merchandise: If the regulated structure Is oriented the 32 same as the single family residential property, the regulated 33 structure shall not display sales merchandise in windows visible 34 from single thmily residential properties. 3$ 36 d. Window and Door Requirements: All structures shall have 37 window(e.g.,single-hung,double-ling,ca. nett,awning...)and 38 door(e.g.,flush,paneled,french...)structures similar to time that 3Y arc found on the m edority of single family residerssial property lying 40 within the control distance. . - • 41 42 PAGE 5 a:iORnwSIGZOR%DFnsCZv as-8 • TEL No . Oct 16 ,95 15:08 No .006 P .07 DUFF 8b October 10, 1995 1 1. Insufficient Comparisons Available: In the event that single 2 family residential property within the control distance 3 contains fewer than three (3) residences existing or under 4 construction or in the eventlthat there is no rnaiority of style of single family property within the control distance, window 6 structures shall be singte'hung, double-hung, casement or 7 awning,and door structures shall be flush,paneled or french. 8 9 8. Mechanical Equipment Screening: All b uildifigs nutst l,e designed such 10 that no roof-mounted mechanical equipmet(t(HVAC,etc.)or satellite 11 dishes in excess of eighteen inchc (18")/shell be visible Cu defined 12 herein), Ground-mowded and satellite dishes in 13 excess of eighteen inches (18") ,i .ti+ ` � :w,, by a wooden or 14 masonry fenoe or by lendeoaping material to a height one foot higher 15 than the object being sawed. 16 17 37.4 VARIANCES AND APPEALS: At the time of review of any required 18 Concept Plan or Site Plan, the City Council may grant variances to the 19 development regulations act forth in this Section. 20 21 1. To receive a variance,the applicant must demonstrate the following: 22 23 (a) A variance will reduce the impact ofo�'eat on surrounding 24 residential ptoperties; 25 26 (b) Compliance with this ordinance would impair the architectural 27 design or creativity of the project; 28 29 (c) A variance is necessary to assure compabibilicy with s irzuucuiing 30 developed properties;or 31 32 (d) The proposed construction is an addition to an existing project that 33 does not meet the requirements of this ordinance, 34 • 35 2. The City Council may grant a variance 36 byanatErmative vote ofa majority of the City Council it memoirs putt and voting on the matter. 37 In order to grant a variance, the City Council must determine that a 38 literal enforcement of the regulation$ will create an titwecessaty 39 hardship or a � practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the 41 4 affected Property: that the variance will not Injure and will be wholly compatible with the use and permitted development of adjacent PAGE 6 a:+oxow HevR vaccn 8B-9 • TEL No . Oct 16 ,95 15:08 No .006 P.08 DDAYI lb Nkar October 10, 1995 1 properties; and that the granting of the variance will be in harmony with 2 the spirit and purpose of this ordinance. 3 4 3. If a varicmoe application is denied by the City Council,no other varian0e 5 of like kind relating to the same project or proposed project shall be 6 considered or acted upon by the City Council for a period of six (6) 7 months subsequent to the denial. 8 9 SECTION , 10 I 1 This ordinance shall be cumulative Wall provisions of ordinances of the City of South lake, 12 Texas,except where the provisions of this ordinance are in direct conflict with the provisos of such 13 ordinances,in which event the conflicting provisions of such ordinances are hereby repealed. 14 15 SECI1ONa 16 17 It is hereby declared to be the intention of the City Council that the phrases, clauses, 18 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, 19 sentence,paragraph or section of this onlimusx shall be declared unconstitutional by the valid 20 judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect 21 any of the remaining phrases clauses,sentences,paragraphs and sections of this ordinance,since 22 the same would have been enacted by the City Council without the incorporation in this ordinance my 23 of any such unconstitutional phrase,clause,sentence,paragraph or section. 24 25 SECTIONc 26 27 Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply 2$ with or who resists the enforcement t of any of the provisions of this ordinance shall be fined not more 29 than Two Thousand Dollars($2,000 00)for each offense. Each day that a violation if permitted w 30 exist shall constitute a separate offense. 31 32 SECTION 33 34 All rights and remedies of the City of boutttlake are expressly saved as to any and all 35 violations of the provisions of Ordinance No.480,as arnaided,or any other ordinances affecting 36 zoning which have accrued at the time of the effective crate of this ordinance;and,as to such accrued 37 violations and all pending litigation,both civil and criminal,whether pending in court or not,under 38 such ordinances, same shall not be affected by this ordinance but may be prosecuted until final 39 disposition by the mutts. 40 41 42 PAGE 7 c:wwuratirraoAwFnreccrr L 8B-10 TEL No . Oct 16 ,95 15:08 No .006 P.09 DRAFTS October 10, 1995 1 SECTION 6., 2 3 The City Secretary of the City of Sarthiake is hereby authorized to publish this ordinance 4 in book or pamphlet force for general distribution axnong!tbe public,and the operative provisions of 5 this ordinance as so published shall be admissible in evidence in all courts without further proof than 6 the production thereof 7 8 SECTION 7. 9 10 The City Secretary of the City of Soutlilake i hereby directed to publish the proposed 11 ordinance or its caption and penalty together with a notice setting out the time and place for a public 12 hearing thereon at least ten (10) days before the second reading of this ordinance, and if this 13 ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of 14 its provisions,then the City Secretary shall additionally publish this ordinance or its caption and 15 penalty in the official City newspaper one time within ten days after passage delis ordinance,as 16 required by Section 3.13 of the Charter of the City of Sputhlake. 17 18 SECTION 8s 19 20 This ordinance shall be In i1111 force and effect$pm and after its passage and publication as 21 required by law,and it is so ordained. 22 r.23 24 25 26 27 28 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 29 ,1995. 30 31 32 33 AkYOR 34 35 36 ATTEST; 37 38 39 40 CITY SECRETARY 41 42 PAGE 8 . o:toeuw rravmoeTPucan 8B-11 TEL No . Oct 16,95 15:08 No .006 P . 10 DRAFTS! October 10, 1995 1 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2 ,1995. 3 4 5 6 M4YOR 7 8 9 ATTEST: 10 11 12 13 CitY S1 CRZFARY 14 15 16 EFFECTIVE• 17 1S APPROVED AS TO FORM AND LEGALITY: 19 20 21 72 C1'L'Y ATTORNEY u,rr PAGE 9 L 88-12 TOTAL P.13 MUNSCH HARDT KOPF HARR& DINAN, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 (214) 855-7500 Fax(214) 855-7584 Writer's Direct Dial No. (214)855-7552 MEMORANDUM TO: City Council of Southlake,Texas FROM: Richard W. Wilhelm DATE: October 16, 1995 SUBJECT: Neighborhood Preservation Ordinance I have had an opportunity to review the proposed Ordinance from the viewpoint of a citizen, an advisor to the economic development efforts in our City, and as an attorney representing numerous types of clients (including retail users), though I represent no one on this matter. I find generally that the Ordinance has very little to do with preserving a neighborhood (for it can be a "neighborhood" of one house which brings the additional requirements on potential users) and a lot to do with someone's efforts to make this City into a homogeneous array of buildings - lacking any ability to be innovative, different, unique or cost conscious. My thoughts are grouped into two areas; overall and specific. A. Overall 1. All vacant property along 1709 appears to be affected. Significant strips of land along Carroll and along the northern and southern sides of the Mobil and Maguire Thomas tract are now also limited in their construction. It does not make any sense to have a home, presently in a commercial area,affect the construction now,when after it is gone, this Ordinance will not be applicable. Similarly, I fail to see how a project which is across the street and behind significant landscape buffers also adversely affects the "preservation" of the neighborhood. 2. This Ordinance sets as the standard for architectural compatibility throughout this City, that ofthr.hov b udder. An individual planning the design of a home and an individual planning the design of a retail or office facility have some, but not many of the same goals. This Ordinance mandates a city of homogeneity. The interesting result occurs, of course, when the area is across from a group of mobile homes(like at the corner of Carroll City Council of Southlake,Texas October 16, 1995 Page 2 and 114). 3. This Ordinance does not consider that the needs of a retail establishment differ from those of a homeowner. 4. This Ordinance will require national chains or local franchisees to modify "their look" to suit our City's particular ideas. I seriously doubt that these proven establishments will significantly modify their plans to meet your desires-therefore, we lose the opportunity to enjoy them. 5. The Ordinance eliminates or significantly limits architectural concepts. 6. This Ordinance fails to address the issue of non-conformity. What happens if a building, now non-conforming because of the passage of this Ordinance, but still conforming to the base zoning,is destroyed? Will the City require reconstruction pursuant to the new standards? What happens if sufficient funds are not available because of increased costs in meeting the Ordinance requirements? 7. This Ordinance gives no effect to the mitigation of the impact g p by uses intervening between the residential property and the back of the 400 foot long conformity zone. 8. This Ordinance requires that a home across from a larger, developing center disrupts the continuity of a planned and designed area. 9. It appears that this is another way of obtaining that which you elected to waive in the Corridor Ordinance. B. Specific 1. How was the 400 foot distance determined? Is it an arbitrary number or is it based on a factual study? 2. What happens if the land use is currently residential, but it is not zoned to allow such uses? What happens if it is not residential, but there is a change to residential - would nearby buildings be required to meet the Ordinance while existing buildings don't? 3. Section 37.3(1)conflicts with the masonry ordinance which now affects these commercial buildings. Why should this be required when no homes are required to be 80% masonry and why does it limit the choices from those given in the masonry ordinance? r. to, City Council of Southlake, Texas October 16, 1995 Page 3 4. In Sec. 37.3(2)why have a height limitation? This is already covered bye zoning ordinance-which controls in the event of a conflict? Given an adequate buffer and proper zoning why should these limits be imposed? For example, why should a building • across 1709 from a residential property be limited in height by this Ordinance? Why should a property which is buffered by(a) additional uses backing up to existing homes, and(b) separated from those homes by a city street, be limited in height by this Ordinance? -from 5. Why is the trash receptacle so far firm the property line? Most establishments,for parking and ease of pick-up,prefer the receptacles to be in corner areas. 6. An 8'masonry screening wall is a structure which will have a significant cost for engineering and materials. 7. What if trash is picked up in the residential areas prior to or after the times dictated in the Ordinance? Does the City's contract with the trash hauler have similar prohibitions? 8. The roof requirements in Sec. 37.3(6) are expensive, vague and do not contemplate the needs of a retail user. Who measures the pitch of the homes in the control area; who defines what materials are to be used(asphalt, concrete, tile, fiberglass, wood); how long will this process take; where will the retail use place its HVAC and other equipment since it cannot place them on a slanted roof? 9. The parking limitations in Sec. 7(b)will eliminate most retail and consumer oriented businesses. 10. The "no visibility of merchandise" requirement in Sec. 7(c) will eliminate most retail businesses. Those who do build, will be constructing a safe haven for crime for many studies have shown that the more open and viewable a business is,the lower the crime rate is. 11. Do the window and door requirements meet the UBC requirements? I find few retail establishments which are constructed in this manner. 12. The variance procedure is non-existent because of the requirement for hardship or unique practical difficulty. The City should be able to waive these requirements for any reason - this is not an issue coming before the ZBA. which is governed by a set of rules and laws. The City has the power, at the time of the hearing, to make any exceptions it wishes to the Ordinance. City Council of Southlake, Texas October 16, 1995 Page 4 Thank you for your time in allowing me to comment. Regrettably,I feel that the concerns of some taxpayers are washing away the rights of other taxpayers(those who own the lands directly affected by this Ordinance)and significantly and materially limit this City's ability to attract new, non residential taxpayers. To make it less attractive and more expensive to do business in Southlake will have a profound,negative effect in the City's fiscal future. Perhaps you believe that the architectural monotony will bring pleasing esthetic effects; but the growth will slow and the tax bills will rise and we will have little sales tax strength to look to. Then, the same people who demand this "tasteful" Ordinance, will vilify you because of the tax increases. Perhaps you feel that today's problems are best dealt with now with little or no regard for the future of our City. The running of the City must be a balance between many demanding forces; unfortunately I believe that this Ordinance, as written, tips that balance and will have damaging effects for years to come. U:\US RUt WILHELM\ORDIN.MEM 1 rww:js 10/16/95 STRASBURGER & PRICE, L.L.P. ATTORNEYS AND COUNSELORS A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS AUSTIN SUITE 2600 600 CONGRESS AVENUE AUSTIN,TEXAS 79701-3266 SUITE 4300 (512)499-3600 901 MAIN STREET DALLAS,TEXAS 75202 HOUSTON (214)651-4300 SUITE 2600 1221 MCNINNEV STREET TELECOPIER(214)651-4330 HOUSTON,TEXAS 77010 (713)951-5600 W. EDWARD WALTS II, P.C. (214) 651-4510 MEXICO CITY COIF!CIO HEWLETT-PACKARD MONTE PELVOUX NO.111,P15O S LOMAS DE CHAPULTEPEC EXICO October 17, 1995 OD0 OIIM525-202F67961C0 Ms. Karen Gandy City of Southlake VIA COURIER 667 N. Carroll Avenue Southlake, Texas 76092 Re: Neighborhood Preservation Ordinance Dear Karen: I have reviewed the proposed Ordinance 480-Q which is being considered by the City Council this evening and I have a question about the proposed ordinance. Section 37.3 speaks of the ordinance being applicable to "all developing properties". Maguire/Thomas Partners - Westlake/Southlake Partnership may have some lots in the commercial development which might be 5, 10, 15, 20 acres or more in size. Assuming that the 400 foot "control distance" affected only a portion of one of these lots, for example, if there was a 10 acre lot and the 400 foot control distance affected 1/2 an acre of this lot, then would the entire ordinance with all of its restrictions apply to the remaining 9 1/2 acres or would "all developing properties" apply only to the 1/2 acre within the control distance. Obviously, if the neighborhood preservation ordinance applied to the other 9 1/2 acres in my hypothetical, then, irrespective of the fact that the property might be zoned to permit six story office buildings, the City could arguably limit the height of any building to two stories on the remaining 9 1/2 acres and could require that the office building be constructed to look like a single family residence. If, on the other hand, the limitations and height and architectural appearance apply to the structures within the control distance and not to the remainder of the lot, then this should not generally pose a problem. We hope this point can be clarified tonight. Very truly yours, WEW:jkf cc: F. Maureen Duffy, Esq. Mr. Tom Allen VIA TELECOPY Mr. Tony Canonaco VIA TELECOPY VIA TELECOPY 33517.1/SP3/JKF/1852/101795 10/17/05 TUE 15:52 FAX 817 430 8750 MAGUIRE THMUAS PARTNERS U1002 Nine PiIIage CSrda Suite 500 Wedlake TX 76262 817 430-0303 October 17, 1995 VIA FAX ce E Mr.Greg Last p ' "' Community Development Director Ag CITY OF SOUTIILA E r4 667 N. Carroll Ave. Southlake,Texas 75029 Re: Draft No.9 of Ordinance 480-Q Dear Greg. As we discussed earlier, Solana's owners are concerned with the possible inconsistency between provisions of the Corridor Overlay District and the provisions of proposed Ordinance 480-Q, the Neighborhood Preservation Ordinance. The 114 Corridor Overlay District provides for basic setback requirements, including substantial setbacks from residential property, extensive development regulations which require high quality design, architecture and construction, and a shared community goal of high quality commercial development along Highway 114 as it passes through Sonthlake. We have supported the Overlay District as it evolved from the initial consultant study through Ordinance passage. It is possible that the language contained in Section 37.1, which appears to exclude the Corridor Overlay Zone from these regulations, should give us comfort regarding our future office building plans. However, we wish to express our concern. Proposed Ordinance 480-Q would require that buildings located within 400 feet of residential properties be designed and constructed much like single family homes on large lots. These type buildings would be inconsistent with the Class A, larger floor-plate, multi-story corporate buildings which we contemplate for Solana and which the Corridor Overlay Zone contemplates for the Highway 114 Corridor. 10/17/95 TUE 15:53 FAX 817 430 8750 MAGUIRE THOMAS PARTNERS 141003 Mr. Greg Last October 17, 1995 Page 2 The separation of these corporate-style buildings from the proposed Solana residential property has been a critical planning issue. The planned use of natural barriers, constructed screening and generous buffer areas create proper separation of these important property types. In a separate letter, Ed Waits has voiced another concern, that being the possibility that this proposed ordinance could be interpreted to affect any commercial lot (vs. commercial building) within 400 feet of residentially zoned land. In summary, we are concerned that, as currently written, proposed Ordinance 480-Q could be interpreted to disallow buildings which would be otherwise developable under 0-2 zoning, and which are planned (and critically important, for Solana and Southlake. I hope you will share these concerns with both the city staff and city counsel as the Ordinance comes forward for consideration. We would urge, at the least, a re-write to specifically exclude the Highway 114 Overlay District from the proposed ordinance. Thank you for your time, Sincerely, 12,46,a. Ilajthat\c,— Richard H.Kuhlman RHIlfth cc: Tom Allen Tony Canonaco L comparison o f ordinances 480-S (corridor overlay) and 480-Q (Neighborhood Preservation) 480-S: Corridor Overlay 480-Q:Neighborhood Preservation 43.9 c., 1., (a) 37.3 1. Masonry Requirements. All buildings must meet the Exterior Finish: All structures shall have an exterior masonry requirements as set out in Ordinance No. 557 as finish of brick or natural stone covering a minimum of amended. However, on facades which are visible from eighty percent(80%)of the area of each facade excluding SH 114, Carroll Avenue between SH 114 and FM 1709, doors and windows. FM 1709, FM 1938 and adjacent ROW and/or from property within 400' zoned residential or designated as low or medium density residential on the Land Use Plan, such masonry requirements shall exclude the use of cement,concrete tilt wall and other masonry materials of similar characteristics. In addition, the use of standard concrete block shall be limited to 10% of any facade visible from adjacent public ROW; and stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other process producing comparable stucco finish with equal or greater strength and durability specifications. 43.9 c., 1., (b) 37.3 8. Mechanical Equipment Screening: All buildings must Mechanical Equipment Screening: All buildings must 'esigned such that no mechanical equipment(HVAC, be designed such that no roof-mounted mechanical ff.) or satellite dishes shall be visible from SH 114, equipment (HVAC, etc.) or satellite dishes in excess of Carroll Avenue between SH 114 and FM 1709,FM 1709 eighteen inches(18')shall be visible(as defined herein). and FM 1938 and adjacent ROW and/or from property Ground-mounted mechanical equipment and satellite 400' of a property line of a tract zoned residential or dishes in excess of eighteen inches(18")shall be screened designated as low or medium density residential on the by a wooden or masonry fence or by landscaping material Land Use Plan. This shall include equipment on the roof, to a height one foot higher than the object being screened. on the ground or otherwise attached to the building or located on the site. 43.9 c., 1., (g) and(g) i. 37.3 2. Height: Same as in underlying zoning. Buildings Maximum Height: All structures shall not exceed the adjacent to or across the street from residential zoning(or maximum height permitted in the "SF-1A" Single Family an area designated for low or medium density residential Residential District. in the Comprehensive Land Use Plan) shall meet the standards for height regulations as outlined in Section III herein. Village Center: All properties which are located within •the Village Center shall be further limited in height to the underlying zoning district or maximum elevation of 710 * (National Geodetic Vertical Datum of 1929), i*prichever is lower. 43.12 a., i. and ii. 37.3 3. Spill-over Lighting: No use or operation shall produce Exterior Lighting: The exterior lighting of all structures t or indirect illumination across a residential property shall operate in such a manner as to ensure that lighting Xlvfrom a source of illumination nor shall any such light patterns are directed onto the non-single family residential be of such intensity as to create a nuisance or detract from property and do not directly project onto adjacent single the use and enjoyment of adjacent property. family residential property. A nuisance shall be defined as more than two-tenths(0.2) of one foot candle of light measured at the property line. 43.9 c.,2., (d) 37.3 4. Trash Receptacles: Trash receptacles shall be four sided Trash Receptacles: No trash receptacles shall be with a gate and located outside bufferyards, and to the allowed within fifty feet(50')of single family residential side or rear of the principal building. They shall be ro p perty. All structures under this section shall construct screened by a minimum 8 foot solid masonry screen and masonry screening walls around all trash receptacles. shall utilize similar masonry materials to the principal Screening walls shall be four-sided with an opaque gate structure, and shall be a minimum height of eight feet(8'). 43.10,43.11 37.3 6., (a) Residential adjacency standards:Setbacks Location: If the structure to be regulated is located on Setback of Non-residential Structures:No non-residential the same street as single family residential property and if building may encroach in the area above a line having a single family residential property is within the control slope of 4:1 from any property line of a residentially distance,the following shall be required: d property or a property with a low or medium diiiity residential land use designation in the Front and Side Yards: The regulated structure shall have Comprehensive Land Use Plan.However,a structure may front and side yards equivalent to the front and side yards be built up to within 40 feet of the residential property required for the single family residential property, line, p perty,but not provided that the structure is no greater than one less than the front and side yards as required by the story or 20 feet in height. (See Exhibit 43-E for underlying zoning district of the regulated structure. clarification.) and ... 43.9 2., (a) Building Setback: All lots within the Corridor Zone shall maintain a minimum building setback of 50 feet adjacent to SH 114,FM.1709 and FM 1938 rights-of-way and the east ROW of Carroll Avenue. All other building setback regulations shall be the same as in the underlying zoning district except as otherwise noted herein. L 43.9 c., 2., (b) 37.3 7., (b) Parking Area Restriction: No parking shall be allowed Parking Limitations: If the regulated structure is irf required bufferyard. oriented the same as the single family residential property, no vehicular parking shall be permitted in the area which comprises the front yard of the non-single family residential structure. 43.9 b., 1., (a-d) and 2. 37.4 1., (a-d) and 2. Variances:At the time of review of any required Concept Variances and appeals: At the time of review of any Plan or Site Plan,the City Council may grant variances to required Concept Plan or Site Plan,the City Council may the development regulations set forth in this Section. To grant variances to the development regulations set forth in receive a variance, the applicant must demonstrate the this Section. To receive a variance, the applicant must following: (a) A variance will reduce the impact of the demonstrate the following: (a)A variance will reduce the project on surrounding residential properties; (b) impact of the project on surrounding residential Compliance with this ordinance would impair the properties; (b) Compliance with this ordinance would architectural design or creativity of the project; (c) A impair the architectural design or creativity of the project; variance is necessary to assure compatibility with (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does construction is an addition to an existing project that does not meet the requirements of this ordinance. not meet the requirements of this ordinance. The City Council may grant a variance by an affirmative The City Council may grant a variance by an affirmative vote of a majority of the City Council members present vote of a majority of the City Council members present Itizting on the matter. In order to grant a variance,the and voting on the matter. In order to grant a variance,the ouncil must determine that a literal enforcement of City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed; unique to the affected property; that the variance will not that the variance will not injure and will be wholly injure and will be wholly compatible with the use and compatible with the use and permitted development of permitted development of adjacent properties; and that adjacent properties; and that the granting of the variance the granting of the variance will be in harmony with the will be in harmony with the spirit and purpose of this spirit and purpose of this ordinance. ordinance. If a variance application is denied by the City Council,no If a variance application is denied by the City Council,no other variance of like kind relating to the same project or other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the proposed project shall be considered or acted upon by the City Council for a period of six(6)months subsequent to City Council for a period of six(6)months subsequent to the denial. the denial. C 0,:D\CORRIDOR\480-S\COMP FNL.TWO City of Southlake,Texas MEMORANDUM err October 17, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Neighborhood Preservation Ordinance (No. 480-Q) Responses Attached are copies of letters regarding Ordinance No. 480-Q, received since the packets were prepared last Friday. Responses were received from the City Attorney's office, Rick Wilhelm, Ed Walts of Strasburger& Price, and Richard Kuhlman of Maguire Thomas Partners. Staff has also prepared a cut and paste comparison of the Corridor Overlay Zone requirements with the requirements proposed in the Neighborhood Preservation Ordinance. Copies have been made for the City Council's discussion on this matter. kia5g KPG tor TEL No . Oct 16 ,95 15:42 No .009 P .02 FIELDING, BARRETT & TAYLOR, L.I..P. ATPORNI YS 3400 HANK ONE TOWER (1114, 500ThIIZOCIO4ORTON STREETt'O1 T WORTH,TEXAS 78162.3821 TELEPHONE(817)332-2580 (e00)318-3400 FAX(817)3324740 WAYNri X.OLSON October 16, 1995 VIA FAX and REGULAR MAIL Mr. Greg Last Director of Community Development City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Neighborhood Preservation Ordinance No. 480-Q. Draft No. 9b Dear Greg: I have reviewed Draft No.9b of the Neighborhood Preservation Ordinance which was faxed to me on October 13, 1995. I am faxing a copy of this draft showing some of my comments. In addition, I would like to make the following comments: First, to address your question in your October 10, 1995 memorandum, I do not believe that the "cumulative clause" is in conflict with Section 37.1, Paragraph 2. To the contrary, it is my interpretation of Section 37.1, Paragraph 2, that different provisions in other ordinances will not be deemed to be in conflict with this Ordinance because the more stringent standard will apply. Section 37.3,Paragraph 5, provides performance standards for waste collection and disposal and deliveries. These standards provide that "developments shall ensure" that disposal and deliveries not occur between the hours of 10:00 p.m. and 7:00 a.m. 1 am not clear on how a development is supposed to ensure this. Is it the intent of the City to write tickets if trash disposal or deliveries occur between these prohibited hours. c\nkaa\ke Valets\kst.32 L • TEL No . Oct 16 ,95 15 :42 No .009 P .03 If so,we might want to reword this paragraph to simply prohibit disposal and delivery between these hours. Also, in this regard, I remind you of Allen Taylor's comments regarding interstate commerce in his letter to Curtis Hawk dated September 12, 1995. Section 37.3,Paragraph 6, sets forth roof requirements. In the event that these roof requirements would cause the height of the structure to exceed the maximum height permitted, a mansard roof system may be utilized. Is this within the discretion of the developer, if not we should change the word may to shall. Also, what happens if the mansard root is not compatible with the roof systems of the majority of single family residential properties. What type of roof is required in this instance? Also in this paragraph, on line 36, the highest point of the mansard roof shall meet the height of the majority of single story dwellings within the control distance. What does shall meet mean? Does it mean it shall not be higher than? Does it mean that it shall be exactly the average? Section 37.3, Paragraph 7a, states that front and side yards shall be equivalent to single family front and side yards but not less than the front and side yards required in the underlying zoning district. Is it possible that a particular property might be located in the corridor overlay zone which would also require a greater front or side yard set back. I do not interpret the corridor overlay zone as being an underlying zoning district. Also, on pages 5 and 6 of the Ordinance, I have underlined different terminologies applicable to new structures which are intended to be regulated. The different terms utilized include "structure subject to this regulation," "structure to be regulated," "regulated structure,""non-single family residential structure,"and"project." We may want to take one last look at the ordinance to ensure that these terms are compatible. I know that my comments are some what last minute,but I just couldn't resist. If you would like to discuss the Ordinance further, please give me a call. Very truly yours, 0/4£ Wayne K. Olson WKO/ds cc: Curtis Hawk t\Gles\.lake\lcuets\last.s2 L • City of Southlake,Texas MEMORANDUM October 10, 1995 TO: Curtis Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Regal Oaks Drainage Easements The developer of this project has been having difficulties in obtaining a drainage easement from an adjacent property owner. During the preliminary drainage review, the City made a point of informing the developer's engineer that there could be problems with off-site drainage and that efforts would need to be made early in the process to insure that all off-site easements and permissions were obtained. When we received the final plans for review there was no provision for these off-site easements. The engineer's original proposal was to collect the drainage and allow it to flow onto the adjacent property (Costello's) at the approximate mid-point of the Costello lot (A). We informed the engineer that this would not be acceptable and that other options needed to be explored. The next proposal from the engineer-was to collect the runoff and allow the discharge to be directed along the Costello's north property line (B). This discharge would be by means of a drainage swale. We approved this in concept; however, the engineer was informed that they would have to obtain an easement and permission from the Costello's. The Costello's refused to provide such an easement. Their position was that they did not want a drainage swale on their property. The engineer proposed that the runoff be placed in a culvert and run underground (B-1). The Costello's have not been agreeable to this because it could cause the removal of several trees. The engineer has also tried to maintain the current sheet flow characteristics across the Costello property by collecting the runoff at several points and providing multiple discharge points at such a point that the runoff would have dispersed and become sheet flow as opposed to concentrated at the Costello property line (C). The concern that staff has with this proposal is that even though a sheet flow would be created, there would be an increase in quantity and rate due to the fact that there will be an increase of impervious surfaces. Our position is that the downstream property owner is obligated to accept the runoff from the upstream property owner PROVIDING that the quantity, discharge rate and/or the discharge point have not been changed. The developer would like the City to intercede on their behalf and to condemn an easement across the Costello property. TO: CEH Regal Oaks Drainage October 10, 1995 Page 2 Somewhat confusing the issue is the fact that we will be needing to obtain a separate utility easement and will be requesting the developer to install an additional 250 feet of sewer pipe in order to connect the CDBG in Oak Hill trailer park. The original plans for the CDBG project were developed prior to the submission of the Regal Oaks project and an different sewer alignment was proposed. Now that the Regal Oaks project has been proposed we can save approximately 800 feet of sewer line by connecting to Regal Oaks. I believe that when we ask the developer for this additional easement and sewer line he will expect us to intercede on his behave in obtaining his off-site easement. I would like to add that staff has been involved in the situation between the developer and the Costello's. We have met with both parties, we have shuttled messages and proposals between the parties, and we have attempted to mediate agreements. All this has been to no avail. The bottom line is that the Costello's do not wish to have an easement across their property to accommodate the additional runoff from the Regal Oaks project. We have not released the construction plans for this project pending the resolution of this issue. RJH/rjh C:\WPWIN60\WPDOCS\REGAL2.WPD L I ' C.20 LIw .r' ...) Ql I I t 5 I g nI IS PHEASANT RIDGE ADC , t, , I itg II 8 II i' l II. . :-3,4 STING I b ',TYPE "Y,INLET 1,,, y I 15' DRAIN. & UTIL ESMT1 15' DRAIN. & UTIL ESMT ,''S1'•1 • ' -,...,--„,, \ \ , ' ESWT.\ \ SRN. & UTIL. £SMT. 11 11 13 ,,,-,N iiNs141, 444\ �.� �� ,�, ., CONCRETE MONUME .\ NI\ .4441V�. \\ -1/' 1 s. , \\ i 0, ' k. k . . .I \\, \ ., r- ‘r 't.‘-all - \ikk \ \iv ro Lo ;,.4.%, \w., N ' SIk.N4 ;NAilk'N\ 94, ., .% \ Pr IV , ,..) .\ ( 12jFLUME •r4 1 111M7IM1IW I - �...►...! _ LAMP ESTA. AI►M111S01 ►�er ',7 2i_---- ` r! 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NUMBER OF CASES FILED: 639 2 12 11 664 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 216 4 27 8 255 C. Cases Dismissed 123 2 4 2 131 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 0 0 0 1 1 (2) Finding of Not Guilty 1 0 0 1 2 B. Trial by Jury (1) Finding of Guilty 2 0 0 0 2 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 0 0 0 0 0 ithoy CASES DISMISSED: A. After Defensive Driving 95 0 0 0 95 B. After Deferred Adjudication 258 0 9 7 274 C. After Proof of Insurance 55 0 0 0 55 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 841 0 0 0 841 TOTAL REVENUE COLLECTED: CITY $31,330.30 STATE 17,235.00 TOTAL 48,565.30 Cie 4F-1 MUNICIPAL COURT MONTHLY REPORT AUGUST/SEPTEMBER 1995 COMPARISON (re AUGUST SEPTEMBER 1. NUMBER OF CASES FILED: 693 664 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 287 255 C. Cases Dismissed 163 131 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 1 1 (2) Finding of Not Guilty 2 2 B. Trial by Jury (1) Finding of Guilty 0 2 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 118 95 B. After Deferred Adjudication 25 274 Lc. After Proof of Insurance 79 55 5. CASES APPEALED 0 0 6. WARRANTS ISSUED 443 841 TOTAL REVENUE COLLECTED: CITY $27.936.00 $31.330.30 STATE 16.360.00 17,235.00 TOTAL 44,296.00 48,565.30 C 4F-2 0 �' a) -a a) (hile 0 by1D E a 0 -d >, o ta `� o 490 a) a) bD aa) 3 5M c� b0A -0 k cn ° cr .0°' ° 0Z o o co O . i a a) . ai a A U 0 * z p4 -a p4 ai ' ' 0 a� a� bq to to by bq'b bq bU bq bQ 4. by .5 C to,- : � O o v v b c a -a b o -d oa a ; E a o .1 g a '� • 4 w ti ti 4: by:� A A -d A .0 A e A Ap A � A 2 A A . aai a 00 ai 0 a) 0 aa) aa) aai U aai U aai •- aai aai 'b w A AU Aria A A A ¢< AH A 5 .a A A =A da' '' W • H H W \ o \ \ o o o 0 a O1 O 0 o o c) o o ea Va a O O r,, 0 0 oar- rn ea rn oL � U o o z g V 0 41A a A NON ON a) % U °' e e � , N eZ H o O �3 a b E-+ •o a, a) Z 0 co)V UV U y k. kn U "z3 IT34. �n >' V1 a) at a) a ti 0 y y bo A -d a) 0 0 ea V -12 0 3 a) CA U o a? 0 O 2 a) o ycel O 3 L x T.i0 � � o 1-4 U aao pa , G� A Z 4 00 E—; s , W c,i ri .' vi \0 N o0 0\ o 4H-1 • 0 � — 0)~ I-. �' Q L .fa. ... 0 O -0 4f4.5 cp = V " N U �" ,� V 0 O.. 3 Ct Fz , A a ° .4 b II 00 I = = b b O b b :b b ...75. o b b ... on o0 Ial cd _� E E E Cl) Cl) E Cl) .0 x 1.0 cg : •� •a - - — cd 0 C 3 3 3 3 3 3 3 3 y VV o os �./ A C3 A 'E A A A a A A A A A b :n .ti 6. 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C� w '� w O N A A., -o .o a. f'1 >, i Cili l/ 4 �o a) A L . ,...) 73 g g x Ps a ti 00 0\ in in in in in 4H-6 SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT SEPTEMBER 1995 POLICE SERVICES Citations Issued 664 Residential Burglaries 3 Arrests 65 Business Burglaries 6 Traffic Accidents 24 Vehicle Burglaries 6 Alarm Calls 181 Assaults 8 Animal Calls 71 New CID Cases Assigned 69 Thefts Under $1500 15 CID Investigations Cleared 40 Thefts $1500 and Up 0 Active CID Investigations 57 FIRE SERVICES Residential Fires 2 Ambulance Calls: Commercial Fires 0 Vehicle Accidents 11 Other Building Fires 0 Non-Accident EMS 30 LVehicle Fires 2 Total Patients Transported 23 Grass Fires 2 Grass/Weed Complaints 10 Fire Alarms - False 18 Burn Permits Issued 3 Fuel Spills/Leak 5 Pre-Fire Inspections 31 Other Haz-Mat Calls 0 Building Plans Reviewed 15 Bomb Threats 0 Other Fire Calls 10 SUPPORT SERVICES Total Police Service Calls 907 Total Training Hours: Total Fire Service Calls 65 Police 258 Crime Prevention Surveys 0 Fire 85 Total DARE Classes Taught 0 Communications 28 Warrants Received 634 Volunteers 0 Warrants Cleared 101 Total Personnel Trained 48 Total Warrant Collections $ 22.589.00 9-1-1 Hang-up Investigations 11 4H-7 City of Southlake,Texas 416...-/ . N N N - a O, A t-: 00 U a r, d, P a a.�'y' (.7 d N N N N 4 d d n N oo 4 N A A fV N t4 N f? op Z oo V, A d. p 6 (V 11 1 N _t` 3 ry ^ 6 � A. U .. N .-+ V1 C.� 00 N ^ � � M QO N N Os V1 V V f�l V Oi1 00 V ill 11111111111111111 / 11 / 11 / 111111 a o • fi 6 a 1Ak: C A i A C� o o F u .0 C:o o cu A. N e v M P m N M N c N 00 e v v o a o - Pi N so o v' oo 0 g N :.: N tf N N O, N 1��f N. t+f b ,G , .� co in N " o v, oo N n v, }ej cn ' o, ' P oo v, 'in' a ^ o ^ ^ 'n $ • e — b eels .1 N N z' - I- 0 w O 0 DO o 6 wce 4 3 ,. w w m on V3 O 8. .B PI w = _ 6 i _ = A a 0 t§ I g 1 1 & 6 6 3 1 - a ,�� a ui 3 z .i 3 z w 3 3 y ,A w 4 z vi z 3 z z ui 3 ui ui ui c3 3 z -2 3 0 H Z Q '' < 10 oa V. p a)::V2 - ` Y City of Southlake,Texas MEMORANDUM October 12, 1995 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department September, 1995. Description Aug Sept 1. Tons of asphalt used a. Hot Mix Asphalt 66 21 c. Cold Mix Asphalt 300 100 d. Base Material 500 300 2 . Lane Miles of Road Repaired 100 100 3. Number of Street Signs Repaired or Replaced (all types) 29 24 4 . Feet of Ditch Line Cleaned and shaped 1,200 200 5 . Number of Vehicles Repaired 0 0 6 . Row mowed in miles of streets 150 150 7 . Channel maintenance 0 0 BP/cbk UTILITY DEPARTMENT REPORT MONTH September, 1995 Aug Sept (hmweGALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 158,575,000 111,602,000 TOTAL PUMPED AND PURCHASED 158,575,000 111,602,000 WATER METERS SET 49 32 NEW WATER TAPS MADE 9 7 VALVES REPAIRED 11 2 VALVES TESTED 134 121 FIRE HYDRANTS INSTALLED 0 0 FIRE HYDRANTS REPAIRED 0 0 FIRE HYDRANTS FLUSHED 50 59 DEAD END WATER MAINS FLUSHED 8 26 WATER MAINS REPAIRED 3 4 WATER METERS AND SERVICE LINE REPAIRED 4 14 LOCKED METER FOR DELINQUENT PAYMENT 7 7 (hwe. PULLED METERS 0 0 METERS REPLACED 17 21 MISCELANEOUS WORK ORDERS 116 212 SEWER LIFT STATIONS CHECKED (6 L.S. ) 161 20 REQUIRED MONTHLY SEWAGE TESTS 8 10 SEWER PLANT MAINTENANCE (BANK & DOVE) 46 40 SEWER MANHOLES INSPECTED 229 161 MISCELLANEOUS PROJECTS 0 0 We cleaned 5 section sewer lines (approximately 500 ft/section) WATER SUPERINTENDENT DIRECTOR OF PUBLIC WORKS Nine Village Circle Suite 500 Westlake TX 76262 817 430-0303 October 17, 1995 5 p Mr. Gregory D. Last b CITY OF SOUTHLAKE 667 N. Carroll Avenue Southlake, Texas 75067 Re: Solana Residential Planned Unit Development Dear Greg: We have received your Concept Plan Review Summary No. Five, dated October 14, 1995, Case No. ZA 95-73. The following addresses our response to each comment: Concept Plan Comments: (ir 1. Correct the acreage shown in the Residential site Data Summary. The acreages shown total to 199.1 acres. Correct any other figure which might be affected. Response: This correction will be made. 2. Show right-of-way dedication for the Future re-alignment of Dove Street. Consult with the City Engineering Staff for alignment. Response: It is our understanding that the design work for the Dove Street re-alignment has not been concluded. We are receptive to dedicating right-of-way for the re-alignment subject to the right to approve the design of the re-alignment and its location. 3. Delete the 10'-F1 bufferyard across the northern portion of the property. Response: This bufferyard will be deleted from the concept plan. i. i Mr. Gregory D. Last October 17, 1995 Page 2 tor Planned Unit Development Booklet 4. Product Type `B" calls for a maximum lot coverage of 50% on not more than 25% of the lots and a maximum lot coverage of 40%on not more than 75% of the lots. Ordinance 480, Section 30.5,pertaining to residential PUD's requires that all buildings or structure shall have a maximum lot coverage not exceeding 30%of the lot area. Response: Product Type `B" describes a product type not currently defined under Zoning Ordinance 480-0. The coverage requirements are designed to allow development of 6,000 square foot "villa" type lots, with the total number limited of such lots limited to 70, all on the northern portion of the P.U.D. 5. The applicant has requested that the regulations of the underlying zoning district as currently amended in Zoning Ordinance 480 dated September 19, 1989 be used as the basis for the permitted uses in the P.U.D. The City Attorney recommends that the underlying zoning districts as amended 1, over time be the basis for the permitted uses in the P.U.D. Response: We do not understand this comment. It would be our intent to comply with all duly-enacted laws and ordinances in effect at the time any development is undertaken. It is not our intent, however, to accept P.U.D. zoning which would allow permitted uses to be arbitrarily changed without due process. 6. Move the ancillary uses in Section VIII "Development Standards"to a paragraph preceding Product Type "A." Please note that is has been the understanding of City Staff that skating rink and gasoline service station uses were to be excluded. Please clarify. Response: We agree that, in Section VIII (Development Standards), the ancillary uses should be moved to a paragraph preceding Product Type "A." We also agree, and accept, "the exclusion of skating rink and gasoline service stations from permitted ancillary uses. L Mr. Gregory D. Last October 17, 1995 Page 3 Sincerel , To • len WTA/th cc: Tony Canonaco Bob Goodwin Richard Kuhlman Ed Walts Rex Whitton CHEATHAM AND ilkor ASSOCIATES October 13, 1995 Mr. Robert R. Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Potential Sites for Water Tower Dear Mr. Whitehead: Enclosed is a copy of the information submitted to Mr. Dana Ryan at the DFW Airport on August 18, 1995. As you recall, we met with Mr. Ryan the following Monday,to discuss the height restrictions of the DFW Ordinance at each site. At that meeting, Mr. Ryan informed us that Site E was directly on line with the runway, and the maximum height allowed for a structure at that site would be 730' elevation. A water tower height of 815' elevation cannot be constructed upon Site E per the DFW height restriction ordinance. At each of the other sites A, B, & C, Mr. Ryan stated that the sites were borderline for a structure to be built to a height of 815' elevation. It was decided that the City would physically locate the proposed water site on the ground, and supply the ground elevation and latitude and longitude of each site to Mr. Ryan, for a further analysis. Also enclosed, is a copy of the second request with the detailed information at sites A,B, and C for Mr. Ryan to review. As a result of this study,his office responded with the enclosed letter dated October 9, 1995. Hopefully this information will be helpful to you. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. f:\word\southlak\water.twr Enclosure ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200• Arlington, Texas 76011 817/548-0696 • Metro 265-8836•Fax 817/265-8532 Dollars:/:Fort.Worth, international Alport Jeffrey P. Fegan Executive Director October 9, 1995 Mr. Eddie Cheatham, P.E. Cheatham and Associates 1601 E. Lamar Blvd,Suite 200 Arlington, Texas 76011 Dear Mr. Cheatham: The Facilities Planning Section has reviewed your letter and map of October 2, 1995, regarding the proposed elevated water tower in the City of Southlake. We have examined the proposed sites relative to potential effects on aeronautical activity and Ordinance 71-100,Height Hazard Zoning for the DFW Regional Airport. The following comments are offered for your consideration. Site No. 1: lies beneath the transitional surface to the Runway 13R approach. In that area, the transitional surface height is 900 feet, mean sea level. Site No. 2: same comment as Site No. 1. taw Site No. 3: lies beneath the approach surface to Runway 13R. The approach surface height is 820 feet, mean sea level. The tower elevation is 815 feet, mean sea level, and would lie 5 feet below the approach surface. Our review suggests that all three sites would be acceptable from the standpoint of height hazards and aeronautical activity. However, the sites are within 20,000 linear feet of Runway 13R. As a result, the Federal Aviation Administration would also need to perform an aeronautical review to ensure the sites are in compliance with federal regulations. The federal' porcess is easily.accomplished in a short time period. We suggest yOu contact Mr. Thomas Wade (214/222-5607) at the FAA Southwest Regional Office to initiate action. If DFW can be of further assistance, please do not hesitate to contact me. Sincerely, Dana L. Ry Manager - Facilities anning cc: B. Whitehead (Southiake) 1 1; 1 T. Wade (FAA) O j 0 cl 1 �- 1995 ' Administrative Offices • 3200 East Airfir:ki T1riva A1OA)Q nc�.r . ,,,,,,,, CHEATHAM AND ASSOCIATES October 2, 1995 Mr. Dana Ryan Planning & Engineering DFW Airport Board P.O. Drawer 619428 DFW Airport, TX 75261-9428 Re: Possible Sites for an Elevated Storage Tank in the City of Southlake,Texas Dear Mr. Ryan: Enclosed is a map which indicates the latitude, longitude, ground elevation, and top of tower elevation for three possible sites for a new elevated water tower in Southlake. Our survey crew recently tied these sites down horizontally and vertically. We hereby request that your office consider each site submitted, and inform us of any problems which the DFW Airport might have, with a water tower at any one of these locations. Once we have received your approval for a site, we will submit an application to the FAA for their approval. If you need any additional information or have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. f:\word\southlak\elevated.twr Enclosure cc: Bob Whitehead, P.E. Director of Public Works City of Southlake L ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 CHEATHAM AND ASSOCIATES To: Dana Ryan Date 8/18/95 Job No. DFW Airport Re: Sites for Water Storage Tank Attn: We are enclosing the following: ❑Prints O Specifications ❑Shop Drawings ❑Copy of Letter U Samples ❑Addendum ❑Change Order 12 Site Location Map Copies Dated Description ❑For Your Approval QSl For Your Use U As Requested ❑Please Comment ❑Resubmit Comments: Enclosed is a copy of the USGS Quadrangle and city base map showing the approximate location of the proposed water tower sites in Southlake. The top of the tank would be at elevation 815+. Please review these sites prior to our meeting Monday. If you have any questions, please feel free to call . Very truly yours, Copies to: City of Southlake Wftftmorimmw Cheatham and Associates ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. 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In AWAY FROM TANK ;E FLEX CONNECTION >CKFILL WITH SELECT BORROWw,•:!: \RdNFORCED CONCRETE FOUNDATIONS 21'-O" SECTION NOT TO SCALE MUNSCH HARDT KOPF HARR& DINAN, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 (214) 855-7500 Fax (214) 855-7584 Writer's Direct Dial No. (214)855-7552 MEMORANDUM TO: City Council of Southlake, Texas FROM: Richard W. Wilhelm DATE: October 16, 1995 SUBJECT: Neighborhood Preservation Ordinance I have had an opportunity to review the proposed Ordinance from the viewpoint of a citizen, an advisor to the economic development efforts in our City, and as an attorney representing numerous types of clients (including retail users), though I represent no one on this matter. I find generally that the Ordinance has very little to do with preserving a neighborhood (for it can be a "neighborhood" of one house which brings the additional requirements on potential users) and a lot to do with someone's efforts to make this City into a homogeneous array of buildings - lacking any ability to be innovative, different, unique or cost conscious. My thoughts are grouped into two areas; overall and specific. A. Overall 1. All vacant property along 1709 appears to be affected. Significant strips of land along Carroll and along the northern and southern sides of the Mobil and Maguire Thomas tract are now also limited in their construction. It does not make any sense to have a home, presently in a commercial area, affect the construction now, when after it is gone, this Ordinance will not be applicable. Similarly, I fail to see how a project which is across the street and behind significant landscape buffers also adversely affects the "preservation" of the neighborhood. 2. This Ordinance sets as the standard for architectural compatibility throughout this City, that of the home builder. An individual planning the design of a home and an individual planning the design of a retail or office facility have some, but not many of the same goals. This Ordinance mandates a city of homogeneity. The interesting result occurs, of course,when the area is across from a group of mobile homes(like at the corner of Carroll City Council of Southlake, Texas October 16, 1995 Page 2 and 114). 3. This Ordinance does not consider that the needs of a retail establishment differ from those of a homeowner. 4. This Ordinance will require national chains or local franchisees to modify "their look" to suit our City's particular ideas. I seriously doubt that these proven establishments will significantly modify their plans to meet your desires-therefore, we lose the opportunity to enjoy them. 5. The Ordinance eliminates or significantly limits architectural concepts. 6. This Ordinance fails to address the issue of non-conformity. What happens if a building, now non-conforming because of the passage of this Ordinance, but still conforming to the base zoning, is destroyed? Will the City require reconstruction pursuant to the new standards? What happens if sufficient funds are not available because of increased costs in meeting the Ordinance requirements? 7. This Ordinance gives no effect to the mitigation of the impact by uses intervening between the residential property and the back of the 400 foot long conformity zone. 8. This Ordinance requires that a home across from a larger, developing center disrupts the continuity of a planned and designed area. 9. It appears that this is another way of obtaining that which you elected to waive in the Corridor Ordinance. B. Specific 1. How was the 400 foot distance determined? Is it an arbitrary number or is it based on a factual study? 2. What happens if the land use is currently residential, but it is not zoned to allow such uses? What happens if it is not residential,but there is a change to residential - would nearby buildings be required to meet the Ordinance while existing buildings don't? 3. Section 37.3(1)conflicts with the masonry ordinance which now affects these commercial buildings. Why should this be required when no homes are required to be 80% masonry and why does it limit the choices from those given in the masonry ordinance? City Council of Southlake, Texas October 16, 1995 Page 3 4. In Sec. 37.3(2)why have a height limitation? This is already covered by the zoning ordinance -which controls in the event of a conflict? Given an adequate buffer and proper zoning why should these limits be imposed? For example, why should a building across 1709 from a residential property be limited in height by this Ordinance? Why should a property which is buffered by (a) additional uses backing up to existing homes, and (b) separated from those homes by a city street, be limited in height by this Ordinance? 5. Why is the trash receptacle so far firm the property line? Most establishments, for parking and ease of pick-up, prefer the receptacles to be in corner areas. 6. An 8'masonry screening wall is a structure which will have a significant cost for engineering and materials. 7. What if trash is picked up in the residential areas prior to or after the times dictated in the Ordinance? Does the City's contract with the trash hauler have similar prohibitions? 8. The roof requirements in Sec. 37.3(6) are expensive, vague and do not contemplate the needs of a retail user. Who measures the pitch of the homes in the control area; who defines what materials are to be used (asphalt, concrete, tile, fiberglass. wood); . how long will this process take; where will the retail use place its HVAC and other equipment since it cannot place them on a slanted roof? 9. The parking limitations in Sec. 7(b)will eliminate most retail and consumer oriented businesses. 10. The "no visibility of merchandise" requirement in Sec. 7(c) will eliminate most retail businesses. Those who do build, will be constructing a safe haven for crime for many studies have shown that the more open and viewable a business is,the lower the crime rate is. 11. Do the window and door requirements meet the UBC requirements? I find few retail establishments which are constructed in this manner. 12. The variance procedure is non-existent because of the requirement for hardship or unique practical difficulty. The City should be able to waive these requirements for any reason - this is not an issue coming, before the ZBA. which is governed by a set of rules and laws. The City has the power, at the time of the hearing, to make any exceptions it wishes to the Ordinance. City Council of Southlake, Texas October 16, 1995 Page 4 Thank you for your time in allowing me to comment. Regrettably, I feel that the concerns of some taxpayers are washing away the rights of other taxpayers(those who own the lands directly affected by this Ordinance) and significantly and materially limit this City's ability to attract new, non residential taxpayers. To make it less attractive and more expensive to do business in Southlake will have a profound, negative effect in the City's fiscal future. Perhaps you believe that the architectural monotony will bring pleasing esthetic effects; but the growth will slow and the tax bills will rise and we will have little sales tax strength to look to. Then, the same people who demand this "tasteful" Ordinance, will vilify you because of the tax increases. Perhaps you feel that today's problems are best dealt with now with little or no regard for the future of our City. The running of the City must be a balance between many demanding forces; unfortunately I believe that this Ordinance, as written, tips that balance and will have damaging effects for years to come. U:\USR\RWILHELM\ORDIN.MEM 1 rww:js 10/16/95 L m_. City of Southlake r Duthlak' DATE: September 29, 1995 Mayor. Gary Fickes TO: Commercial landowners and other interested persons Mayor ProTem: Andrew L.Wambsganss FROM: Curtis E. Hawk, City Manager Deputy Mayor Pro Tern: PamelaA.Muller SUBJECT: Proposed Neighborhood Preservation Ordinance No.480-Q Councilmembers: Michael T. vans me You are probablyaware of a proposed Neighborhood Preservation Ordinance which W.Ralph Evans p po Neighborhood Sally R.Hail has been recommended for approval by the Planning and Zoning Commission and Ronald J.Maness will appear before City Council on October 17, 1995 as first reading. We are City Manager forwarding you this letter because of your interest and involvement in the Corridor Curtis E.Hawk Study. Assistant City Manager: Shana K.Yelverton This proposed ordinance dovetails with the requirements of the recently approved City Secretary: "Corridor Overlay Zone"(Ordinance 480-S). An executive summary of the approved Sandra L.LeGrand corridor overlay zone is attached for your reference. (so' Should you have any written comments which you would like to have forwarded to the City Council prior to the October 17th meeting,please submit your comments to the Community Development Department by 5:00 p.m.on Monday,October 9, 1995. If you have any questions pertaining to the proposed ordinance,feel free to contact Karen Gandy,Zoning Administrator at 481-5581,ext. 743. Sincerely, Curtis E. Hawk City Manager enc: Executive summary of Corridor Overlay Zone Proposed Ordinance 480-Q,Draft 9 dated September 29, 1995 C:\ORD\NEIGHBOR\COMMERC.LTR 667 North Carroll Avenue• Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-5097 4N EQUAL OPPORTUNITY EMPLOYER' City of South lake,Texas MEMORANDUM October 10, 1995 TO: Curtis Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Brandon Baker Drainage Channel We have received several calls from Mr. Baker concerning the placement of.the drainage channel relative to the dedicated drainage easement off of Peytonville. When Mr. Baker plated his property his engineer (John Levitt) provided for a drainage easement that extended from Peytonville to the center of the property and another easement that ran north to south through the middle of the property. When the City had the drainage improvements designed for South Peytonville our engineer (Cheatham Associates) provided for a channel to be overlaid onto this drainage easement. During actual construction of the drainage improvements by the.City Mr. Baker had a separate contract with Wright Construction Company to perform certain improvements on his property. These improvements included relocating the drainage channel in order to miss some trees. This relocation caused the channel to be constructed outside of the platted easement. Recognizing this, the City requested that Mr. Baker acknowledge this relocation and to release the City from any liability and ongoing maintenance of the channel improvements where the channel may be outside the easement (see attached memo). Cheatham Associates has surveyed the actual channel relative to the easement. This information is available fo your review. H/rjh C:\WPWIN60\WPDOCS\DRAIN\BAKER2.WPD City of Southlake,Texas MEMORANDUM October 9, 1995 TO: Ron Harper FROM: Walter J. Shore SUBJECT: Drainage channel on Brandon and Kay Bakers property • On June 1, 1994 a meeting took place in Bob Whiteheads office between Bob,Darrell Faglie,the Bakers and myself concerning the drainage channel on the Bakers Property. At this point the channel had been surveyed and clearly marked by Cheatham and Associates. The Bakers wanted the improved channel to follow the existing drainage system more closely, at no cost to them. The meeting resumed on the Bakers property. By the close of the on site meeting,Brandon and Kay Baker had agreed to let Wright Construction Company establish a bum pit for the disposal of •the trees taken down in the Right-of-way of the Re-construction project.; In doing so,Wright Construction would construct the drainage improvements according to the Bakers,to consume an existing pond and to avoid taking down various trees. Enclosed is a copy of a letter of agreement between Brandon Baker and the City of Southbake. If I may be of any fuMr ristance please feel free to contact me at ext. 784. • WS /2 WS/RH/BW •ft_ •- City of Southlake June 3, 1994 Duthlcalc' Letter of Agreement Between Mr. Brandon Baker and the City of Southlake Gary Fickes Mayor ProTem: Re: Construction of S. Peytonville Ave. Jerry Fanier This Letter of Agreement is to allow the following actions for this street and drainage Michael membe Richarm l e improvements on S. Peytonville Ave. at no cost to the City of Southlake or the W.Ralph Evans property owners: Stephen W.Apple Sr. Jon Michael Franks Andrew L Wambsganss 1. City of Southlake's contractor, Wright Construction, will establish a "burn City Manager pit" on the Baker property for the disposal of trees and brush removed from Curtis E.Hawk the S. Peytonville right-of-way and the drainage easements. Assistant City Manager. Shona K.Rice 2. The Bakers will allow Wright Construction access to the burn pit and allow Wright Construction access to property off or outside of the dedicated public San Secretary: drainage easement for the purpose of makingimprovements to the drainage Sandra L LeGrand g P rP � P g system. 3. The City of Southlake has no responsibility for the design, construction or maintenance of the drainage improvements off the dedicated public drainage easement. It is understood by all parties that the additional work off the easement is in lieu of payment for the access and use of the burn pit on the Bakers property. City of Southlake • �f Brandon Baker V(t /2' Wright Const ion 667 North Carroll Avenue •Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-5097 'd Al Cnl/AI noonar/IAJITv FA A0I rivca- ON LINE ' - ' RealtysTM .i I, SEPT. 20, 1995 Mr. Curtis Hawk SEP 2 I I995 City Manager t_„ City of Southlake ufriq 667 N. Carroll Ave . w ��; • Southlake, Texas 76092 Dear Mr. Hawk: V1/4 RE: MAINTAINING EASEMENT OFF OF S. PEYTONVILLE Since we spoke several weeks ago, the city engineers apparently surveyed the 50 ft . wide easement coming of the street. My own measurements show that in addition to increased erosion to our land within the easement, additional erosion is occurring from 15 to 20 feet outside the easement. Please clarify the city' s plans to restore the original depth of the drainage ditch, reduce erosion on the sides and stop the Lcontinuing erosion to our land. Please call me at your earliest convenience to discuss how and when this work will take place. Since the rainy season is almost upon us, it would make sense to move quickly. (work # 817-263- 7770) Best Regards, Brandon Baker • 2351 West Northwest Highway•Suite 3330• Dallas, Texas 75220.214/353-7770 FAX 214/353-7779 thir ABOUT STATE HIGHWAY 114 Anyone who regularly drives S.H. 114 in Southlake is aware of the traffic congestion at the intersections during the morning and late afternoon drive times. The intersections/interchanges at the Wall Street-East Southlake Blvd. (F.M. 1709) overpass, Kimball Road, Carroll Avenue, White Chapel Boulevard, and Dove Road become heavily congested during these times when people are going to-and-from work. The worst problems are at the Wall Street overpass and Kimball Road, but the entire roadway becomes a problem at least twice a day. One of the most frequently asked questions we get in our office is "What is the City doing about S.H.114?" through Southlake. In order to better explain what we are doing, a brief summary of the situation would perhaps be helpful. S.H. 114 is (as its designation denotes) a State highway, just like F.M. 1709. As it exists today, S.H. 114 within Southlake is described by the Texas Department of Transportation (TxDOT) as a 4-lane divided rural asphalt or concrete roadway, built on 220' of right-of-way. For the most part, it is outside the control of the cities it extends through. The authority and responsibility for the maintenance and improvement of the roadway and its right-of-way belongs exclusively to TxDOT. The City of Southlake shares with the TxDOT the authority for traffic control on the roadway within the City's limits. The City has been concerned about S.H. 114 for many years. Following inquiries and requests (re -1- by the City, in 1987 the Transportation Commission issued a minute order designating S.H. 114 from I.H.-35W in Denton County to Loop 382 in Tarrant County as a controlled access facility to be reconstructed as a 6-lane freeway with frontage roads. In Southlake, the S.H. 114 project was listed as two separate projects, one being 1.5 miles in length from Kirkwood Boulevard to 0.6 miles south of Dove Road, and the other 3.6 miles in length from 0.6 miles south of Dove Road to BS114-L (the designation for the overpass to Northwest Highway in Grapevine). According to the State's minute order, for the first project (Kirkwood to Dove) the local entities would be responsible for providing 100% of the preliminary engineering, environmental clearance, schematics, right-of-way maps, Plans, Specifications, and Estimates (PS&E), and necessary right-of-way. The City and the largest property owner in the area of this project, Maguire Thomas Partners, together paid for the environmentals and schematics. Maguire Thomas Partners paid for the right-of-way maps and PS&E. Maguire Thomas also acquired 100% of the right-of-way necessary for the project as proposed in 1987, which is now available for donation once the State gives the go-ahead to the project. For the remainder of S.H. 114 through Southlake, the local entities would be responsible for paying for 10% of the cost of acquiring the necessary right-of-way. The first project (Kirkwood to Dove) was added to the four year letting schedule for the 1986 Project Development Plan(PDP) due mainly to the participation of the City and Maguire Thomas Partners. The City's cost was approximately $40,000, no small amount for Southlake in 1987- 1988 (pop. Est. 5,000). Maguire Thomas paid for the remainder. All told, Maguire Thomas has -2- (ilw, spent approximately $7.0 million in cash for construction and engineering on S.H. 114 for the Kirkwood overpass (now completed) and the Dove Road project, plus another $3.0 million in right-of-way commitments. The State has not followed up on its 1987 commitment to pay for the utility line relocation cost and construction cost of the project. The City's number one State highway priority until 1993 was the reconstruction of F.M. 1709. With the completion of F.M. 1709, from the Wall Street overpass at S.H. 114 to just past F.M. 1938 (Davis Blvd.), in May 1994, and the authorization of funding for the remainder of F.M. 1709 in Southlake (Davis to Pearson), S.H. 114 became the City's top priority for State-assisted roadways. Ce In July, 1993 a delegation from Southlake appeared before the Transportation Commission and requested that TxDOT be given authority to prepare the right-of-way maps, begin acquisition of right-of-way, and prepare construction plans for the S.H. 114 segment from Dove Road to BS114- L. In September 1993 the City was notified that the request was granted. Because of the critical need to protect the required additional right-of-way from development that would lead to higher project costs for the State and the City (our 10% right-of-way costs share), the Fort Worth District was urged to expedite preparation of the right-of-way documents. The reconstruction of the Kirkwood to Dove Road project was included in the North Central Texas Council of Government's Transportation Improvement Program (TIP) and TxDOT's 10- year Project Development Plan, with an estimated letting date for this project of January 1999. (kar -3- TxDOT estimated construction of this portion to cost $8.5 million. The majority of SH. 114 through Southlake, the 3.6 mile segment from 0.6 miles south of Dove Road to BS 114-L, was included in the TIP with an estimated letting date of January, 2000. TxDOT estimates construction cost of this segment at $37,968,500 and right-of-way cost•at $10,269,886. The Fort Worth District of TxDOT has begun preparation of the right-of-way plans, and anticipates completion of these plans by fall, 1995. However, PS&E preparation has not yet begun on this segment. Beginning with the 1995 PDP, the methodology the State has been using to establish priorities for roadway construction has changed. Factors to be considered would include whether or nor the projects could be completed within the 3-year time frame, and the new cost effectiveness index utilized by TxDOT in setting priorities for projects. A major factor would be the construction costs of the project, with other factors such as the number of existing traffic lanes, the traffic volume on cross-streets with traffic signals, average daily traffic, the capacity of the existing roadway to carry additional traffic, and the percentage of truck traffic. This change would mean that all previously approved projects not under construction would be re-prioritized. Several factors contributed to the change, but the underlying reason was the shortage of available funds to construct all the needed projects. The TxDOT budget for the 3-year PDP which covers the years 1996-1998 can fund only 40% of the total needed projects. Awareness of the change led to renewed efforts by the City to keep the Southlake projects moving forward, and hopefully -4- (imp, to accelerate their construction. In February we began the process to be placed on the agenda for the July Transportation Commission meeting. In June, the City was notified by TxDOT that we could not be scheduled for an appearance before the Commission until September due to the large number of delegations already scheduled to appear. The Commission would be meeting in August to begin setting priorities. Two types of priorities would be established: priority 1, the 3-year PDP construction projects; priority 2, the 7-year development plan, which would be projects chosen for development but which could not be going to construction within a 3-year period. In August the Commission would select most of the priority 1 projects, with the remainder to be selected after the September meeting. In petitioning the Commission for our appearance on Thursday, September 28, we provided an alternative request to the two S.H. 114 projects previously considered by TxDOT in Southlake. In order to lessen the cost impact and attempt to get some project underway in Southlake, we proposed segmenting the roadway into 4 separate projects, basically around the proposed interchanges at the signalized intersections of Kimball, Carroll, White Chapel, and Dove. We were fairly certain we would not receive approval for the total project given TxDOT's budget restraints, so we listed the Kimball interchange as the top priority. This intersection was selected because it has the highest traffic count and creates the largest traffic backups. The estimated construction cost for the S.H. 114 - Kimball Road interchange is $10.8 million, with right-of-way another $4.2 million. Included in the construction cost are the right-of-way maps and the PS&E, estimated at approximately $700,000. In order to enhance the cost effectiveness to the State, the -5- LCity has committed to spend up to $1.0 million toward the PS&E. The City requested the Kimball Road interchange project to be authorized for construction funding in 1997. We do not expect to be informed of the Commission's action on our September 28 request for about 60 days. We have been informed by the TxDOT Fort Worth District staff of the Commission's actions from the August meeting, when all the previously approved projects were given the new priority ranking, including the two project segments in Southlake (Kirkwood to Dove and Dove to BS114-L). There were 212 projects given a priority ranking by the Commission in August. The last priority ranking number selected for construction in the new 3-year PDP (96-98) was 116. The 1.5 mile segment in Southlake form Kirkwood to Dove received a priority ranking of 176. The 3.6 mile segment from Dove to BS 114-L received a priority ranking of 149. Thus we cannot expect any construction on S.H. 114 in Southlake before 1999 unless the Kimball Road interchange project, which we requested in September, receives approval as part of the priority 1 projects. If not, we will need to continually "lobby" the Commission with delegations each year to attempt to move the projects to a higher priority level in subsequent years. -6- P. 000O00000 0000o00000000 0 r) A 888888888 8868888888888 8 U —a a C` vlN yl004'1 �CO N e4 vni0 .ti MOeto\ M .-. -. (N.4 yyyr Net VD dr •-• 01 U H N •-• M 01 N •-• et Q) 00 M r a0 01 vO pI, ohV0op v1 N Oh McOpM 00 pN v'['[w et Nt'vO N vD. -• `D 00 N te-;on on .� cp Q - 00 cr e1 '� � � O 00 N N 10 N -M• N O et N N-. M• N 4�9~ .•i.,. 49 44 �,j in -. v1 "" "' 4 4'f 49 69 p .•+ M0etONM .-. N VDsOdN A rN4 .M. mohN � VIvo N MCO .-. � 0ro0Ml- VOero00n VO N4 N � a O‘ 'O O v1N 0'M �M 00N vl NN NI N. `O •-• ' VD .-. `O p Oar BviI'. 00 000 Ng MDvicm pmel 61 op 00 M V700 O00 •�• b 00 N 0M (D N O� .M. 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W 0 La tdd- •i N J C.4 a~Q U3 S * J C� a FQ-UZ V O * ? 3 3 Q X K J J W F-m 0}(C -J W H m 0 x K Q J F- J J 3 WI- CC C)O W cur- V)J Q 11 UO W W F-ZZZ VI-I Q U Q Q N I-FF---- QQ 0 W 0 Q I- a Ul W V)C I- 1- H 8 C DC O Z CC W J K Z tQ-UJ I- O OC W J CC Z)-W I-- O Zp� O Z O ,Q�`�.- O Q 00cc d o3-JNO 4eY a p3 N a -JN CC CD CD ca ca co pE aU w C� O S N Q�Q 10 10 OI g5 S N M CD sY IOn b CD N S CD T a W ..N M op VO)100 co Co N.CO OOI a 6 N W Z Z U O W0 3 O In O VI li CITY OF SOUTHLAKE UTILITY BILLING MONTHLY REPORT SEPTEMBER 1995 THIS MONTH THIS MONTH LAST MONTH LAST YEAR 9/30/95 8/31/95 9/30/94 ACCOUNTS BILLED: WATER $554,747.91 $443,162.85 $389,063.79 SEWER 55,444.39 52,074.47 39,677.85 GARBAGE 34,661.22 34,267.07 29,411.98 SALES TAX 2,671.29 2,639.46 2,266.70 OTHER 3,024.80 3,265.57 3,693.09 TOTAL $650,549.61 $535,409.42 $464,113.41 NUMBER OF CUSTOMERS: WATER 4,364 4,333 3,822 SEWER 2,103 2,061 1,501 GARBAGE 4,151 4,121 3,519 TOTAL ACCOUNTS BILLED: 4,636 4,606 4,054 NEW CUSTOMERS: (increases for the month) WATER 31 40 39 SEWER 42 68 23 GARBAGE 30 73 19 TOTAL ACCOUNTS BILLED 31 40 37 CONSUMPTION BILLED (IN 000'S): WATER 152,987 114,186 91,888 SEWER 81,962 60,110 50,495 CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison Revised 1994-95 collected budget balance budget to date balance percent $1.020.000 $1.013.502 ($13.502) -1.32°A FISCAL FISCAL: FISCAL FISCAL FISCAL FISCAL YEAR YEAR %Inc YEAR %Inc YEAR %Inc YEAR ! %Inc YEAR %Inc MONTH 89/90 90/91.... -Dec 91/92 -Dec 92/93 -Dec 93/94 -Dec 94/95 -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;117 51.0% 27,929 -24.8% 42,126 50.8% 50,623 20.2% 52,099 2.9% December 21,052 28,464 35.2% 33,273 16.9% 33,850 1.7% 70,155 107.3% 67,243 -4.2% January 34,463 47,106 36.7% 40,012 -15.1% 67,713! 69.2% 106,541 57.3% 95,687 -10.2% February 25,594 22,487 -12.1% 40,106: 78.4% 39,351 -1.9% 57,839 47.0% 68 015 17.6% March 30,657 32,955 7.5% 37,488 13.8% 44,176 17.8% 59,378 34.4% 56,600 -4.7% April 37,201 41,445 11.4% 57;543; 38.8% 68,664 19.3% 87,438 27.3% 88,212 0.9% May 31,501 36,627 16.3% 41,020 12.0% 54,623 33.2% 58,291 6.7% 81,109 39.1% June 37,447 37,894 1.2% 43,105 13.8% 52,027'. 20.7% 59,577 14.5% 83,253 39.7% July 51,374 47417I -8.5% 51,357 9.2% 80,567: 56.9% 94,157 16.9% 135,187 43.6% August 31,969 35,951 12.5% 48,731! 35.5% 48,290I -0.9% 58,980 22.1% 109,584 85.8% September 32.499 37.004 13.9% 42,741' 15.5% 54395 27.3% 75.228 38.3% 106.563! 41.7% TOTAL $396,106 $448,148 13.1% $510,036 13.8% $636,738 24.8% $877,615 37.8% $1,033,502 17.8% SLSTAX95.WK4 REPORT DATE 10/13/95 • First month of 1/2 cent additional sales tax. CITY OF SOUTHLAKE SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX REVENUES Revised 1994-95 collected budget balance budget to date balance percent S510.000 $516.751 ($6.751) -1.320/Q FISCAL FISCAL YEAR YEAR %Inc MONTH 93/94 94/95 -Dec October $0 $44,975 n/a November 0 26,049 n/a December 0 33,622 n/a January 0 47,843 n/a February 0 34,007 n/a March 0 28,300 n/a April 0 44,106 n/a May 29,145 40,554 39.1% June 29,788 41,627 39.7% July 47,079 67,593 43.6% August 29,490 54,792 85.8% September 37.614 53,282 41.7% TOTAL $173,116 $516,751 SLSTAX95.WK4 10/13/95 • City of Southlake,Texas MEMORANDUM October 10, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing the Mayor to Accept the Bid for Dove Creek Drainage Channel, Summerplace Addition GENERAL INFORMATION This project was first bid August 7, 1995, however, the low bid ($148,677.70) was higher than consulting engineers, Cheatham and Associates, had anticipated. At the September 5, 1995 Council meeting, Council rejected the bid and elected to re-bid the project. Advertisements for the second bidding process were published on September 17 and September 24. Bids were publicly opened and read aloud on October 4, 1995 at 10:00 A.M. BID TABULATION See attached bid tabulations prepared by Cheatham and Associates. SPECIAL CONSIDERATIONS After the 1995 June retreat, Council authorized that the "Segmented Retaining Wall" design be used at an estimated cost of$74,625. The rebid project included an alternate design for the access ways to the creek. This alternate was to use crushed stone instead of the brick pavers. This alternate was an attempt to see if project costs could be reduced. The bids reflect that this was not a major cost savings. FUNDING/FISCAL IMPACT Funding for the Summerplace drainage project is planned to come from the Infrastructure Reserve Fund. STAFF RECOMMENDATION Cheatham and Associates have checked the references supplied to them, and the contractor appears to be qualified to perform the work satisfactorily. Staff recommends the City Council 6L-) • • thige Curtis E. Hawk, City Manger Summerplace Channel Improvements October 10, 1995 Page 2. accept the bid and award the Summerplace Channel Improvements contract to Sprinlde-N-Sprout for the base bid not including the alternate bid item in the amount of$99,997.50. Please place this item on the Council's October 17, 1995 agenda for their consideration. 60.,-/ - BW Attachments: Bid Tabulation Sheets Map of Summerplace (ow wp60\wpdoc\wthead.mem\summer.p12 L 5' --O- CHEATHAM RECEIVED AND OCT o 6 1995 LASSOCIATES DEPT.OF PUBLIC WORKS October 5, 1995 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Re-bids for Summerplace Channel Improvements Project No. 001-224 Dear Mr. Whitehead: Enclosed herewith is the bid tabulation for the re-bidding of the Summerplace Channel Improvements. The bids were opened October 4, 1995 at 10:00 A.M. The low bidder was _ _ Sprinkle N Sprout, a local contractor. We have reviewed the'bids and' fmd them to be in order. The low bidder has furnished us with references for similar work, and as a result of checking with references, the contractor appears to be qualified to perform the work satisfactorily. Therefore, we recommend that the contract be awarded to the low bidder, Sprinkle-N-Sprout, ''`+,>{ in the amount of$99,997.50. If you have any questions or comments regarding this project, please give us a call. Respectfully, Eddie Cheatham, P.E. f:\word\south ak\224\award.bid Enclosure (IF EN GINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. 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I 144.111 i G BILLY G. 10 7 2 1 6 I• I GARVIN 3 1 - 7 1 h o T— e 1 I ..1 14 71 1 (Vol.3705 p-641 J Io B 1 j SBB•O2'E 3/5.0 I ' I-�o-__ _ 1 14s - 8 d W a_-_i6� \ EISr — •1 .tax °lime, fN,...,, -'/4•• M \_m ► t\ w 14 = 13 « 12 ••t a".•9 LAJr 04 ;; r.,• em, az:01 am iae„�r , �• u w l• i�NI g• .`1 w ..u•A `• . �' / IO �` W lo Fly; : :2 +^fJ i 4• q' t1. • aafp• 4 • 11D0 € e i .S. '0'3 0 4, • 1' c�y.f,t. 4 .c �. 1 r 1 V I N� S- r0 I t1 4Ct''E �,/ 5 $y• 8 12 w 1 \ 2 ►I 6 ,� �12 .�, ► • 4$. 4. %,1/ . 4. 41\ e" 1 I ,3e N. • , I N I '1.2*-> ow . . .... ...., 1 * I. ... • MB E 1 10 �`� 11. 13 .2 It. •? +Q 13 2 1 N 1 52E 41 4 1a.o • \ 9 ~ M F9.3t c • 1•Ts `.Iti 8 +° is ti. w, • La q I 'n e' .�a. 14 1 • 20 S :I —20ILI---- 445 �__z•s_o---- so —1A_ J S 89.52 W 674.6 1 C.F. FUQUA TEO N. AKIN (Vol. 4977 p. 332 1 I (Vol.3677 P.3551 SUMMERPLACE ADDI TION RATE fit Tw.s' ... ODIMTT OF TARRANT } . I buoy wow wM11.1Im .*meNMem TO THE CI TY OF 4.14 and des 1r r,np•Irma I1 se 15:071 1I1 w Whim ad had _ d ir.rt Com45 C .lam.a•.•t.•re.* a /-1 0'Uf t i t W k,e, COUNTY OF TAMN1f War `�\J� >""'y I`h' •r..dr ruts.OW I mo k�Ill�r��r.( ,�7/.�/. .........%IMO BOB PlOO• Y Trmmt•.ram.Um,r rayd r APPROVFn A.tJ: • �4: ` oo•Mrr UMTARRANT COUNTY, TEXAS • ,'_• Ito /` '8*. CI• ■ COUNCIL Williao. W. Nail swoop, Ab,,eer No. 667 ^ ' " '.AKE, TEXAS 40 •••n1 aaM C 114404111•ar1n,115411 • 6cci. ZrifAt'-- 00507 C`1e iG� _e . fi..: '/city ••cm•teryKJ 'M'O 1 (re i1 ill to lu W_ 2 III Q 111 1l O to \\\ N \\ -40 N 1►111= Ran II 'I- W..... co r. (D N 1 _f WO~ i _- co (kw, a• cii ti .1 c j, f J ill . 1 I 1 iA N II If M f I 41 (ire c W 1 1 -AV 0'a .5'4-'7 City of Southlake,Texas MEMORANDUM October 11, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Resolution No. 95-28, Releases of Easement on Bailey Property F. L. and Dorothy Bailey have requested the City of Southlake release two easements that cross their property. The Baileys granted the first easement on January 10, 1966 to the City of Southlake for a proposed water line to cross their property. Again on December 2, 1974 the Baileys granted a second easement to the City of Southlake Water Supply Corporation (City of Southlake) for a proposed water line. The two and four inch water mains have been abandoned now that Coventry Addition provides the loop connection between N. Peytonville and Shady Oaks Drive. The Baileys have requested release of the easements, because there are no existing water lines nor are there any plans in the future to construct water lines across their property. If this property were to be subdivided, appropriate easements would be required. Staff has prepared Resolution 95-28 declaring that these 10-foot utility easements are unnecessary for use by the public and authorizing the Mayor to execute Releases of Easement for the two 10- foot easements. The two Releases of Easement are attached. There are no legal descriptions for these easements. According to Deed Records, each easement contains a "blanket clause" that states "... the easement herein granted shall be limited to a strip of land ten (10) feet in width, with the center line thereof being the pipe line as installed." Wayne Olson has assisted Staff regarding proper language for the release of these easements. Please place this on the October 17, 1995 agenda for Council consideration. C5?6,442 .040,6 BW/sm Attachments: Resolution No. 95-28 Two Releases of Easement Map showing Bailey property wpdocs\wthead.mem\agenda\bailey RESOLUTION NO. 95-28 A RESOLUTION VACATING AND ABANDONING TWO 10-FOOT UTILITY EASEMENTS,IN THE CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS; DECLARING THAT SUCH PROPERTIES ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE RELEASES OF EASEMENT RELEASING PUBLIC OWNERSHIP,INTEREST AND CONTROL OF SAID TWO 10-FOOT UTILITY EASEMENTS AND PROVIDING FOR AN EFFECTIVE DATE. Whereas,the City of Southlake is a home rule city acting under it's charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and Whereas,two 10-foot utility easements have previously been dedicated to the City of Southlake by the owner of the affected property in the City of Southlake, Tarrant County,Texas Whereas,the City Council of the City of Southlake, after careful study and consideration,has determined that said two 10-foot utility easements located on property owned by F.L. and Dorothy Bailey in accordance with the deed recorded in Vol. 2956,Page 246 Deed Records,Tarrant County,Texas are not being used by,nor useful or convenient to the public in general;therefore,they constitute a public charge without a corresponding benefit, and the public would 1/410, be better served and benefitted by their vacation and abandonment. Said utility ._5" y� easements are more specifically described as follows: being a strip of land across the tract referred to above,ten(10) feet in width,with the Grantee herein being hereby authorized to designate the course of the easement herein conveyed, except that when the pipe line is installed, the easement herein granted shall be limited to a strip of land ten(10)feet in width,with the center line thereof being the pipe line as installed as recorded in Volume 4217, Page 157 in the Deed Records of Tarrant County, Texas; and being a strip of land across the tract referred to above, ten(10) feet in width,with the Grantee herein being hereby authorized to designate the course of the easement herein conveyed, except that when the pipe line is installed,the easement herein granted shall be limited to a strip of land ten (10)feet in width,with the center line thereof being the pipe line as installed as thare recorded in Volume 5752, Page 46 in the Deed Records of Tarrant County, Texas. Whereas, in order to remove any question as to the continued interest or ownership of the public in the said two 10-foot utility easements,the City desires to execute two Releases of Easement releasing all title,ownership and control in said easements to the owner of the property recorded in the Deed Records of Tarrant County, Texas, and his heirs, and assigns. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 The two 10-foot utility easements, as described herein, are not being used by, nor useful or convenient to the public in general. They constitute a public charge without a corresponding benefit, and the public would be better served and (60„, benefitted by their vacation and abandonment. Accordingly,the above described two 10-foot utility easements located on property owned by F.L. and Dorothy Bailey in accordance with the deed recorded in Volume 2956, Page 246 of the Deed Records of Tarrant County, Texas are hereby vacated and abandoned as public property and such areas so abandoned shall revert in fee simple to the owner of the remainder of said property. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute Releases of Easement releasing all claims to title, ownership, or control of the two 10-foot utility easements on behalf of the City of Southlake, Texas. A copy of said Releases of Easement shall be presented for (iire filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS day of 1995. Mayor Attest: City Secretary (we RELEASE OF EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars ($10.00)and other good and valuable consideration,the City of Southlake, Texas hereby releases the below described easement. Easement: Date: January 10, 1966 Original Amount: Good and valuable consideration Grantor: Forest Bailey and wife Dorothy Bailey 1125 N. Peytonville Southlake, Texas 76092 (litre Grantee: City of Southlake, Texas Property Encumbered: A tract of land out of the T.M. Hood Survey Abstract No. 701 Tarrant County, Texas and being part of a tract of land conveyed to F.L. Bailey, et ux by deed recorded in Volume 2956, Page 246 Deed Records, Tarrant County, Texas Holder of Easement: City of Southlake, Texas Holder's Mailing Address: City of Southlake, 667 North Carroll Avenue, Southlake, Tarrant County, Texas 76092 Easement Described: Being a strip of land across the tract referred to above, ten(10) feet in width, with the Grantee herein being hereby authorized to designate the course of the easement herein conveyed, except that when the pipe line is installed,the easement herein granted shall be limited to a strip of land ten(10) feet in width,with the center line thereof being the pipe line as installed as recorded in Volume 4217, Page 157 of the Deed Records of Tarrant County, Texas. (6••• EXECUTED this day of , 1995. CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned Notary Public in and for the State of Texas, on this day personally appeared Gary Fickes, Mayor of the City of Southlake, Texas whose name is subscribed to the foregoing instrument and acknowledged to me that he executed some as the act of said City of Southlake, Texas for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 1995. Notary Public in and for the State of Texas State of Texas Type or Print Notary's Name After Recording, Return to: City of Southlake Office of City Secretary 667 N. Carroll Ave. (hre Southlake, Texas 76092 (817)481-5581 Ext. 704 (hee RELEASE OF EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars ($10.00)and other good and valuable consideration,the City of Southlake, Texas hereby releases the below described easement. Easement: Date: December 3, 1974 Original Amount: Good and valuable consideration Grantor: Forest Bailey and wife Dorothy Bailey 1125 N. Peytonville Southlake, Texas 76092 Grantee: City of Southlake Water Supply Corporation Property Encumbered: A tract of land out of the T.M. Hood Survey Abstract No. 701 Tarrant County, Texas and being part of a tract of land conveyed to F.L. Bailey, et ux by deed recorded in Volume 2956, Page 246 Deed Records, Tarrant County, Texas Holder of Easement: City of Southlake, Texas Holder's Mailing Address: City of Southlake, 667 North Carroll Avenue, Southlake, Tarrant County,Texas 76092 Easement Described: Being a strip of land across the tract referred to above, ten(10) feet in width,with the Grantee herein being hereby authorized to designate the course of the easement herein conveyed, except that when the pipe line is installed,the easement herein granted shall be limited to a strip of land ten(10) feet in (limpe width, with the center line thereof being the pipe line as installed as recorded in Volume 5752, Page 46 of the Deed Records of Tarrant County, Texas. EXECUTED this day of , 1995. CITY OF SOUTHLAKE, TEXAS By Gary Fickes, Mayor STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned Notary Public in and for the State of Texas, on this day personally appeared Gary Fickes, Mayor of the City of Southlake, Texas whose name is subscribed to the foregoing instrument and acknowledged to me that he executed some as the act of said City of Southlake, Texas for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 1995. Notary Public in and for the State of Texas State of Texas (kw Type or Print Notary's Name L After Recording, Return to: City of Southlake Office of City Secretary 667 N. Carroll Ave. Southlake, Texas 76092 (817)481-5581 Ext. 704 56 - 7 (Dr' 1 \ (row.,0031.o,.,oleo) 1 •tee 1��.dn S_. 5 e deal < �.y � I rot I rx k t -- -- Y N��-it• ��M ._ •SSi Ste• . , :--':\?:, . "`` M'03..... � al GRESro K�I %� ORGRD E'1p�Es I. 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WALKER 1 1A1E' ! 1 rvP I42 Fr 1 eta - I ..-.-3 r•-II-'.'r-.1-; 187A 111 aliA hit I .. gc-- k. . , ,: A ill IA T• -Fi4_ -, .6 eei , n le -■ E'`�8�- ,'•'r(_Y h-,- � p. , , ,\ .nk Ell au 1A111 02 KELLER CI ( .»....... ❑ __+ -_ ♦'a.. ` J--A�DiN f . _ ..,...._ .;_..�•r ,u s se s 35 s •s / ' 3 I / w feu R .,10O0 �h . . ' - �, •, .•� - _ J -4-' r', , •- .-' — ` ', - `MI XX ` ' = s AA u1 __ 5k(JORD Q m `� G _EIIIII f_ 1' �•`- Z ta_1 PEER?O� e I C al }`'; aj • I`�) ' : . rTt, ]0 • '1 ..7 n I ., l0 - ' - ~� k,-\fir •Y 1�' , r " W DM :1NR3 a e � , �. e f{ . .�,- -� LirTLERf4-,f;^ - 'RE3�OUR tale �A `` 2 YI .� _ ` • .--• ! �Y GER '® � Li 2 1( pi k 5 kc I \ ' 5' ..,' I 2,,•;...7...^, , ....°, •,,>-,-, :'e I1IA78Mx .1 / .� • ..v _ -`-1 1 • illDii � rt " 5A yo - go _ _ — — f 2C3110.32\_ .44 joi 6. . . . . MB --!SiA1 i CARROLL _ -r ' o_ 'fl 1Er d HIGH SCHOOL ,','`.^ i•• fY _ 1,-•-,1.}: :�-- 011 V T E$ 'D vo la ,r Ow. '' /. a o '{ ,'i 1 ',I - 2,2 kr 1' - - ItE -TO . -- I I Y- 'x . O �\ L } �_�_� -" - IO �GAp 130, .r.N0(,_SN.F_� EAvE3 i R-J P�.:`Ri ' rI �:� Fti,cll'.go, i- R,�,Ys, ; ' -. - %I lit i 2 m , I in fr;k1A-,' 7A3 X s i I I ) BAKE. 1 _- n .�, �, {� ' ; LEr I PA _=_,o to - .- ,IA____1 i_1L '±1 , ri E" ti _ - ;D.'-GORNR I 5k lr Iltk 1.5A, AIR 10k nk 1 20r;„ �••i�k9Cc9U51rJF�{ , 1%, it 1I�1® r.. ` AM1¢-___ 11 ^ auu - ` toll ' _ -- Y. It"t 1 mte I le 6 /p IGIN,_t I. 1 ` � � ziti•kA +3 )--.T 7 Olkl 0 Tp„, ,, r 1 ' k1Ik 1 III 1°' ' " at J I 4 }_ ;r,,,. P'..n2HYD P1RIINDA r ,n1t' IC eJ '�J c� • City of South lake,Texas MEMORANDUM October 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-184, Second Reading ZA 95-95,Rezoning Request REQUESTED ACTION: Rezoning for 3.678 acres situated in the J. G.Allen Survey,Abstract No. 18, Tract 6E1 LOCATION: North side of Union Church Rd., approximately 1200' West of Davis Blvd. (F.M. 1938) OWNERS/APPLICANTS: Joseph& Kimiela Mortazavi CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: Four(4) RESPONSES: No written responses received. P&Z ACTION: September 21, 1995;Approved(7-0),ZA95-95,Rezoning to "SF-1A" Single Family Residential. COUNCIL ACTION: October 3, 1995;Approved(6-0),First Reading of Ordinance No. 480-184, f ZA95-95, Rezoning. KPG/ls G:\WPF\MEMO\CASES95\95-95Z.2CC (Ire 7A-1 --------------- --- -1�----- fly .�) 9.3Ac JGv0 •P14 1) ►K l. CAv Ea-- - -- _ iC A • -3O� INO VEY A-� - ,--_ 2F IR1 o v ag -- 20A � 2D1 A4 1R PSw ,> 2A5 \ J _ 2f3'✓ 2A1 - T--r _ �� m*** 7"\ 2C27 2C26 ' " 1 ' - 3 2A1 _ _ - 2A 2A6 'AM 1A1 ZC 5A2A 26 _" Y SA4 CI GY Ri_• uKE 4E01 . la - _-f�J`— -- 1 —�2A4 . O 10 28 4 SURVEY A-18 , A 4 4A1 \ 5C1 = NCR 1C 41 I re _ _--. 12.2Ac 14.5Ac A 4411 4Al2 4H1 I S Ac 4E 4811 4U . .-. 10 Ac 4H - 4F SA1582 _ < 1A4 8.6 Ac 84 Ac 15.2 ) 1 k i 1 A� ___ '�'AA1 D 4J 4 1 1 1A3 1A 1 1 2 1 L- 2A2 1A2B 5 At l 6A 6A1 66 682 6 6E i 1 1 1 r x THOOG�IAAS Tr-- ^: i ! 163 N ; sure- A-►soz -- 4B 4c 40 1 6 Ac 2 Ac 5 Ac 7 1 1 18 Nv,/N., _-�... ••, 1 1 1 1 1 i !f/1"A_r 1 1 1 1 i . Ili 9.85 Ac 9.85 At 19.7 Ac 6A1A 6C4 1 6C2 j6C1A �- --_ 9.65 Ac 4A9 11 Ac 6C Ac �..,;i»,,:,;1L:: 3 182 1 1 1 2A3 6A2 ,_ 1 -6fU 6F2 / ,81 ,88 VA? 1 27 BIA m 7.86 Ac e 681 a 6.1 Ac 6F 2 Ac 56 I �'�N KELLER CITY LIMIT I SA 4A 3 38 " L E5 " r(N 11.27 Ac 1J�1 1 ' 3C : ' g1 ' :©58 _.- -----.- x L.A. CLAY BAP��I�IGN ,9 Ac 25 Ac Y1 SUP`EY A-346 GNE " 11A, 5B1A l+ ilt 4 `___/— ` 44 Ac 80 Ac � IA%11' AVEL H._ TWOWUpc \ I -�� SURVEY A-1504 g 1^1✓ ...\ v ,,.. 1A 2F BIG : IC 7Th 2C1 i ,-----, mi, 1 )� ' � ) '(�-�. J�,�\ 2 201 ' i -" I J. C;Iuo301115 SURVEY A-640 r —; r, ,r�- ✓ �-J o L . . . „.___......,. TRACT MAP . 7A-2 / / i L , r , g 632 ADJACENT OWNERS AND ZONING I VFC; - ALL 4 I 7 nr i Spin #15 Representative I I I I Wayne & June Haney I j I_ I 6CL 1 6vL "AG" "SF 11 Ac -1 A" W. Lippincott W. Lippincott L. R. Reutlinger i6F1i — 6F1 A� -- - 4 /I/ II ,"_,:' N �� W. Lippincott "� AG" 1 m "AG" . 0 c 3 . 11 Ac J. McClendon ► "SF-1 A" — - - - - - - - - - - - - - A'<=>",<:>0 -__e-_-._ _:.-_-,.-.--.- _ _..---.---_ / TY LIMI I City of Keller L r \ \J' I 7A-3 • (111re CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-184 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 3.678 ACRES SITUATED IN THE J. G.ALLEN SURVEY, STRACT NO. 18, TRACT 6E1,AND MORE FULLY AND MPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" RICULTURAL DISTRICT TO "SF-1A" SINGLE FAM Y RESIDENTIAL DISTRICT, SUBJECT TO THE SPEC C REQUIREMENTS CONTAINED IN THIS ORDINAN ; CORRECTING THE OFFICIAL ZONING MAP; SERVING 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 adolit 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" Agriculture District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by (isie the City Council did consider the following factors in making a determination as to whether these G:\ORD\CASES\480-184.2RD Page 1 7A-4 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 (re 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, 46110e G:\ORD\CASES\480-184.2RD Page 2 7A-5 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 3.678 acre tract of land situated in the J. G. Allen Survey, Abstract. No. 18, Tract 6E1, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from"AG" Agriculture District 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 Live 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. kir G:\O R D\CAS ES\480-184.2 RD Page 3 7 A-6 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. L MAYOR ATTEST: CITY SECRETARY O:\ORD\CASES\484 184.2RD Page 4 7A-7 PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (how G:\ORD\CASES\480-184.2RD Page 5 7 A-8 kir EXHIBIT "A" BEGINNING at a capped iron rod stamped "Moak Surv. Inc" at the southeast the corner of said tract. said point being by deed call West at 1187.78 feet from north/ineeoft Union eChurch the Road ( County Rsaid Allen oad sa309id 9)nt also being in the THENCE S 89' 37' 06" W along the north line of said Union Church Road, a distance of 364.66 feet to a capped iron rod stamped "Moak Surv. Inc." at the southeast- corner of a 11 acre tract recorded in Volume 8226. Page 989. Deed Records Tarrant County. Texas; .THENCE NORTH a distance of 440.15 feet to a ca Surv. Inc." at the southwest corner of a 12.15 acrre tract recorded np ed Volume 6716. Page 2481. Deed Records Tarrant County. Texas; THENCE N 89' 43' 58" E a distance of 363.89 feet to a capped iron rod stamped "Moak Surv. Inc." at the northwest corner of a 1.5 acre tract recorded in Volume 5991, Page 612. Deed Records Tarrant County. Texas; THENCE S 00' 05' 57' E a distance of 439.42 feet to point of beginning containing 3.678 acres or 160.200 square feet of land more or less. Cie G:\ORD\CAS ES\480-184.2 RD Page 6 7A-9 City of Southlake,Texas MEMORANDUM October 13, 1995 TO: Curtis E. Hawk, City Manager • FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-179, Second Reading ZA 95-73,Rezoning and Concept Plan/Solana(Residential) REQUESTED ACTION: Rezoning and Concept Plan for Solana(Residential), 199.2 acres situated in the W.Medlin Survey,Abstract No. 1958,the U.P. Martin Survey, Abstract No. 1015,being portions of Tracts 1A1,2A2,2A3,2A5,2A7,the R.D. Price Survey,Abstract No. 1207,being all of Tracts 1, 1B, 1C, 1C1, 1D, 1D1, 1E, 1E1, 1F, 1F1, 1G, 1H, 1J1, 3A, 3A1, 3A1A, 3A1A1, 3A1A2, 3A2, 3A3, 3A3A, 3A3A1, 3A4, 3A4A,.3A4B, 3C, 4A, 4AI, 4B, 4B1, 4B2, and the James B. Martin Survey,Abstract No. 1134,being a portion of Tract 1, and includes all of Lot 4, Block A, MTP-IBM Addition No.1 as recorded in Volume 388-211,Page 68,P.R.T.C.T. and Cabinet G, Slide 208,P.R.D.C.T. This development proposes separate phases of single family detached residential (Product Type "A") with one phase having the flexibility of alternative living products(Product Types "B," "C," and"D"),either smaller lot single family detached,two family dwellings, or multi-family dwellings. AMENDED REQUEST: Permit Product Types "A" and "B" only, omit Product Types "C" and "D" LOCATION: Northeast of Northwest Parkway(S.H. 114), East of East T.W. King Road, North of West Dove St., and West of North White Chapel Blvd. OWNER: MTP-IBM Phase II &III Joint Venture APPLICANT: Maguire Thomas Partners CURRENT ZONING: "C-3" General Commercial District, "CS" Community Service District, and "P.U.D." Planned Unit Development District REQUESTED ZONING: "R-P.U.D." Residential Planned Unit Development District LAND USE CATEGORY: Mixed Use/Flood Plain (iiir NO.NOTICES SENT: Twenty-four(24) 7B-1 MEMORANDUM CURTIS E.HAWK ORDINANCE NO.480-179,SECOND READING ZA95-73,ZONING AND CONCEPT PLAN OCTOBER 13, 1995 PAGE 2 RESPONSES: Four(4)written responses received within the 200' notification area: • W. P. Fletcher, 116 Sweet St., Southlake, Texas 76092 1st notice: opposed to the apartments which will bring more children for Carroll schools and less taxes,also more traffic on White Chapel than the road was built for. 2nd notice(courtesy letter): in favor of single dwellings,but opposed to multiple dwellings. • Bonnie B. Hays, 2735 N. White Chapel Blvd., Southlake, Texas 76092, undecided, "Okay if as proposed." • J.W. Riemenschneider, P.O. Box 254, China Spring, Texas 76633-0245 1st notice: opposed, "I oppose the type C and type D. The single family would be okay. I think the type C and D would create a burden on the school." 2nd notice (courtesy letter): in favor of single dwellings, however, opposed to multi-family(apartments)because of the lack of taxes paid to the Carroll School. (letter received 08-18-95) ▪ Martin W. Schelling, 601 W. Wall St., Grapevine, Texas 76051-5205, in favor, "It appears to be the best use for this portion of their property. Additionally,I am not opposed to the alternative living products." One(1)written response received outside the 200' notification area: • Harold D. Kruckenberg, 1730 Hunter's Creep Southlake, Texas 76092, opposed,"will lower property values while resulting in the other residents carrying an unfair school tax load." One hundred fifty-nine (159) written or phoned oppositions to multiple- family housing were received from persons outside of the 200' notification area as of 9/27/95. This number includes the two petitions presented by Ed Rankin at the last two City Council meetings. P & Z ACTION: August 3, 1995;Approved to Table(4-1-1)ZA95-73,Rezoning and Concept Plan for Solana(Residential)until the August 17, 1995 Planning and Zoning Meeting per the applicant's request and continue the public hearing. August 17, 1995; Approved (6-0-1) ZA95-73, Rezoning and Concept Plan for Solana(Residential) subject to the Plan Review Letter dated August 11, 7B-2 • Imrof MEMORANDUM CURTIS E. HAWK ORDINANCE NO.480-179, SECOND READING ZA95-73,ZONING AND CONCEPT PLAN OCTOBER 13, 1995 PAGE 3 1995 deleting item#2 to allow Product Type B lot coverage as follows: not more than twenty-five(25%)of the lots shall have a maximum lot coverage not exceeding fifty percent (50%) of the lot area and seventy-five percent (75%)or more of the lots shall have a maximum lot coverage not exceeding forty percent(40%)of the lot area and adding the following requirements: 1) Multi-Family Units: no more than 50% of the units will be developed under the 850 square feet requirement with a minimum requirement of 650 square feet. 2) Southeast Portion of the Property: no more than 10 acres in that portion will be for ancillary uses having a boundary starting at the northwest portion of the City property,heading northwest to the intersection of the proposed Kirkwood Boulevard. 3) "C-3" General Commercial District: exclude the permitted uses for ice and roller skating rinks;gasoline service stations;tires,batteries,and auto (1161., accessory sales from the district. 4) Bufferyards: delete the bufferyard requirement shown on the Concept Plan; but establish bufferyard requirement at the Site Plan stage. 5) Product Type B Side Yard Adjacent to a Street: have a side yard adjacent to a street of not less than ten(10) feet. COUNCIL ACTION: September 5, 1995; Approved to Table (6-0-1) ZA95-73, Rezoning and Concept Plan for Solana (Residential) until the September 19, 1995 City Council Meeting per the applicant's request. September 19, 1995; Approved to Table (5-0) ZA95-73, Rezoning and Concept Plan for Solana(Residential)until the October 3, 1995 City Council Meeting per the applicant's request. October 3, 1995; Approved (5-1) First Reading of Ordinance No. 480-179, subject to Plan Review Summary No. 4 dated September 29, 1995, deleting item #3 (lot coverage), addressing the bufferyards at the site plan stage, amending the request to permit: Product Types A and B and deleting Product Types C(two-family)and D(multiple-family),and limiting the drive access for the ancillary uses on the South to Kirkwood Blvd. only. 7B-3 MEMORANDUM CURTIS E.HAWK ORDINANCE NO.480-179,SECOND READING ZA95-73,ZONING AND CONCEPT PLAN OCTOBER 13, 1995 PAGE 4 STAFF COMMENTS: The applicant has met all the review comments of the Plan Review Summary No.4 dated September 29, 1995 with the exception of the items addressed in /� the Plan Review Summary No. 5 dated October 13, 1995. KPG/ls G:\WPF\MEMO\CASES95\95-73ZC.4CC Cr' 7B-4 .. Y."� REM 1 I L rit. _[ ( L.7 r",.]. • 4 I 1._ H. THROOP j M O P 11 - ....... I. k _____I-_,A kei-0') ___._ —• I . OAJI___________ I I - -��-- ---- '--•-- - : �- REIS . 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Mali III. / El: i.- .....,• - • .:* ckcoi--.N.:;.liegeammum a )--..N iii Y • -c-... ; [NM �� • THO'.n<..r HO`11 ■' millii l5l00 i'''P' w r—_ v! J • .' :M 1 -..�,- B--4+ot IlPilfi Ar rr Hi' ' J ocv To ieV1 i''l i w.w-H -Ea NIP:: i 't ,: Wrillilatriturigm'a • . . • Iwani... i. •.: -. .. • -•L• 1 r 1 mil.- �•�••,4-,.•- �r..•. 1:•• ilk!: -:041°8 • :IM`. •-(. o' . • l.— / .. ..� :f• -...1•IC: , ' • • . • - :1 ;N TRACT MAP jLi. .. ,- # r 7' .r ;• I S - - • ._ • SL 1 i /. % ' ' .,F a vd- ' j.EQ- .. 1 i r 7B-5 • ADJACENT OWNERS (...- • i- kJ.3M " ONUM A IJ 4,1 V U IJ V\J\/ U U l -� i ' 1 1 1 1 1 1 1 1 1 '9 ,� SURVEY A-1607D \ ,' 2 / 4 11 I II 1 I�1 IT .,\ �� I 1 ¢ • APPf', . .ANI. .1\ L. I-. a . ,#., ;,�,4,I ,1.0 1;� DENT0N_ / 111111 1111111111 V TARRANT !(`�M r(��l • 1A Uri . ��L L 5 1 16 . ,,�I�vE't ,bc' -1-..<-. • !• A-7f? / SURVEY A-1086 t 1 1_ -• I Y • 24 / - f E� 1 =:{: �';' 2 rG[ ID LQ[] a 2A Spin#2 Representative IA . � I SURVEY A-1958 r Martin Schelling I ''Al, 1A1 2A2 2A7 2A3 1A3 ❑ , 1 i :A if - • DDN. 1 - z' �-1j1�1Q 4B / tC 1' I , �� MRK,NpO°OR :0 ❑ F1 . 1 �i 9J 461 410,3A .' 'S HART U.t7 AR U GM ' 3AI ' SURVEY A-1015 yi . 2At Ala 4 \ nEoa V. 3AI 3A48 \ t SfiRWY A2 O"t A11 I 3' � I. '5� I 3A3 a 3- 1 �SJ 3A3A1 f-� 3A3A 1 \ 1 OIEN,A.F. IC 1 ❑,.4. ,1 2 US CORPS OF ENGINEERS (�3 US CORPS OF ENGINEERS 3A2 C l I , • 4 PARK CITIES LIONS CLUB ' 1'1:? 1 I i31 5 CALL!,MICHAEL&DOROTHY 9 6 SORG,KENNETH 11 7 RIEMENSCHNEIDER,J.W. 7 FLETCHER,W.P. • 2 \ -1---1- 1Y 8 TRACKER,KEVIN&KIMBERLY I 8 HARRIS,BARBARA ELLEN B. _ � A 1 C S E. ]Q 4 O a filial) ` 13 9 HAYS,BONNIE B. •IBIA 1BIA1 SURVEY A-11J4 CJ1 A' �� 10 SPARKS,PANSY O.CARPENTER D 7k 11 SCHELLING,MARTIN W. i 1 22 14 12 SCHELLING,MARTIN W. I._ .13 TUCKER,MARILYN S. ICt iC k 15 14 McGREGOR,THOMAS&JUDITH IBM 15 TATE,J.R.&KATHERINE 'l 16 16 TATE,ROBERT&BEVERLY `' 3 L7A 17 TATE,JOHN&SUE ANN ' • " n 8 18 McPHERSON,ROBERT LEE 19 DOVE CHAPEL JOINT VENTURE 18 1- Ir—'� • 20 TIMARRON LAND CORPORATION = A 7 STANFORD,MELVIN E. ;•, . , 6 18 3g STANFORD,CONSTANCE - CITY OF SOUTHLAKE 1H 16 ? 'I' 182 I I.: �- 24 BRAZO_S ELECTRIC 23 -- — 1r I 19 2C I:I 1A I I „r!l 1 l._G �.- 7B-6 1201 TY OF SOUTHL •, T X •RDINANCE N• 481-1 9 / AN ORDINANCE AMENDING ORDIN CE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING i CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 199.2 ACRES SITUATED IN THE W. MEDLIN SURVEY,ABSTRACT \ NO. 1958, THE U.P. MARTIN SURVEY,ABSTRACT NO. 1015, BEING PORTIONS OF TRACTS 1A1, 2A2, 2A3, 2A5, 2A7, THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, BEING ALL OF TRACTS 1, 1B, 1C, 1C1, 1D., 1D1, 1E, 1E1, 1F, 1F1, 1G, 1H, 1J1, 3A, 3A1, 3A1A, 3A1A1, 3A1A2, 3A2, 3A3, 3A3A, 3A3A1, 3A4, 3A4A, 3A4B, 3C, 4A, 4A1, 4B, 4B1, 4B2, AND THE JAMES B. MARTIN SURVEY,ABSTRACT NO. 1134, BEING A PORTION OF TRACT 1, AND INCLUDES ALL OF LOT 4, BLOCK A, MTP-IBM ADDITION NO.1 AS RECORDED IN VOLUME 388- 211, PAGE 68, P.R.T.C.T. AND CABINET G, SLIDE 208, P.R.D.C.T., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL ` COMMERCIAL DISTRICT, "CS" COMMUNITY SERVICE DISTRICT, AND "P.U.D." PLANNED UNIT DEVELOPMENT "R-P.U.D."TO R-P.U.D. RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND "'OVIDING 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 (6., authority to adopt a comprehensive zoning ordinance and map regulating the location and use of G:\ORD\CASES\480-179.2RD Page 1 7B-7 • 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 "C-3" General Commercial District, "CS" Community Service District, and "P.U.D." Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these 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 Li 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 G:\ORD\CASES\480-179.2RD Page 2 - 7B-8 (41., 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: Being a 199.2 acre tract of land situated in the W.Medlin Survey,Abstract No. 1958, the U.P. Martin Survey,Abstract No. 1015,being portions of Tracts 1A1,2A2,2A3, 2A5, 2A7,the R.D. Price Survey,Abstract No. 1207,being all of Tracts 1, 1 B, 1C, 1C1, 1D, 1D1, 1E, 1E1, 1F, 1F1, 1G, 1H, 1J1, 3A, 3A1, 3A1A, 3A1A1, 3A1A2, 3A2, 3A3, 3A3A, 3A3A1, 3A4,3A4A, 3A4B, 3C, 4A, 4A1, 4B, 4B1, 4B2, and the James B. Martin Survey,Abstract No. 1134,being a portion of Tract 1,and includes all of Lot 4,Block A,MTP-IBM Addition No.1 as recorded in volume 388-211,Page 68,P.R.T.C.T.and Cabinet G,Slide 208,P.R.D.C.T., and more fully and completely described in Exhibit"A"attached hereto and incorporated herein,from"C-3"General Commercial District, "CS" Community Service District, and "P.U.D." Planned Unit Development District to "R-P.U.D." Residential Planned Unit Development District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "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 Llessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; G:\O RD\CASES\480-179.2 R D Page 3 7B-9 • to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and.all pending litigation,both civil and criminal, whether pending in court 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. C G:\ORD\CAS^r.S\480-179.2RD Page 4 7B-10 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: C CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C G:\ORD\CASES\480-I79.2RD Page 5 7B-11 • EXHIBIT "A" (60, BEING a 199.2 acre tract situated in the J. B. Martin Survey, Abstract 1134, the R. D. Price Survey, Abstract 1207, and the U. P. Martin Survey, Abstract 1015, all located in Northern Tarrant County, Texas, and the W. Medlin Survey, Abstract 1588, located in Southern Denton County, Texas. This tract of land embraces all of those tracts described in deeds to International Business Machines Corporation, hereinafter referred to as [.B.M., and recorded in Volume 9846, Page 2023, Volume 9109, Page 620, Deed Records, Tarrant County, Texas and a portion of that tract of land deeded to MTP-IBM Phase II and III Joint Venture, a partnership, as described in Volume 8995, Page 1260, said Tarrant County Deed Records, and all of Lot 4, Block A of MTP-IBM ADDITION NO. 1, an Addition to the City of Southiake,Tarrant and Denton Counties,Texas according to the plats thereof recorded in Volume 388-211, Page 68, Plat Records, Tarrant County, Texas, and Cabinet G, slide 208, Plat Records, Denton County, Texas, as amended by Certificate of Correction of Error filed March 15, 1988, recorded in Volume 2340, Page 486, Deed Records, Denton County, Texas; SAVE AND EXCEPT those facilities described in Partial Release filed February 27, 1989, recorded in Volume 2537:Page S 13, Deed Records, Denton County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a 2 inch iron pipe found at the intersection of the South line of that certain tract of land conveyed to C. R. Revels as recorded in Volume 86, Page 557, said Deed Records, with the Westerly Right-of-Way of Whitethapel Road (50 feet wide); THENCE along the Westerly and Southwesterly Right-of-Way of White Chapel Road the following courses and distances: South 02 degrees 11 minutes 25 seconds East, 107.8.1 feet-to a 1/2-inch iron rod found; South 26 degrees 56 minutes 00 seconds East, 140.56 feet to a 5/8-inch iron rod with yellow cap stamped "Carter& Burgess" found; South 38 degrees 45 minutes 03 seconds East, 192.24 feet to a railroad tie fence corner found; South 41 degrees 21 minutes 36 seconds East, 321.22 feet to a 5/8-inch iron rod found, at the beginning of a curve to the right; Along said curve to the right an arc distance of 381.77 feet, through a central angle of 10 degrees 49 minutes 5 l seconds, having a radius of 2019.60 feet and a long chord of South 39 degrees 59 minutes 04 seconds East, 381.20 feet to a 1/2-inch iron rod found; South 34 degrees 36 minutes 31 seconds East, 1648.69 feet to a 5/8-inch iron rod with yellow cap stamped "Carter& Burgess" found; Along said curve to the right an arc distance of 155.99 feet through a central angle of 99 degrees 18 minutes 20 seconds, a radius of 90.00 feet, and a long chord that bears North 13 degrees 36 minutes 16 seconds East, 137.18 feet to a point in the South Right-of-Way of Kirkwood Boulevard (131 feet wide); G:\ORD\CAS ES\480.179.2 RD Page 6 7B-12 (60T HENCE along said Right-of-Way line as follows: EXHIBIT "A" North 63 degrees 15 minutes 24 seconds East,32.25 feet to the beginning of a curve to the right; Along said curve to the right an arc distance of 602.55 feet through a central angle of 24 degrees 19 minutes 16 seconds, a radius of 1419.50 feet, and a long chord that bears,North 75 degrees 25 minutes 02 seconds East, 598.04 feet; North 87 degrees 34 minutes 40 seconds East, 137.89 feet to a 5/8-inch iron rod found; THENCE North 00 degrees 09 minutes 22 seconds West, 32.25 feet to a point; THENCE leaving the South Right-of-Way line of Kirkwood Boulevard and across the said MTP- IBM tract as follows: North 89 degrees 50 minutes 38 seconds East, 338.73 feet to the beginning of a curve to the right; Along said curve to the right an arc distance of 479.85 feet through a central angle of 72 degrees 43 minutes 59 seconds, a radius of378.00 feet, and a long chord that bears South 36 degrees 31 minutes 21 seconds East, 608.76 feet to a point of reverse curvature; CAlong said curve to the left an arc distance of 1482.69 feet throug h a central angle of 83 degrees 07 minutes 24 seconds, a radius of 1022.00 feet, and a long chord that bears South 24 degrees 27 minutes 03 seconds East, 1356.04 feet to a point of reverse curvature; Along said curve to the right an arc distance of 1097.97 feet through a central angle of 44 degrees 42 minutes 41 seconds, a radius of 1407.00.feet, and a long chord that bears South 43 degrees 39 minutes 24 seconds East, 1070.32 feet to a point of reverse curvature; Along said curve to the left an arc distance of 467.10 feet through a central angle of 12 degrees 47 minutes 12 seconds, a radius of 2093.00 feet, and a long chord that bears South 27 degrees 41 minutes 40 seconds East, 466.13 feet; South 34 degrees 05 minutes 16 seconds East, 374.83 feet to the beginning of a curve to the right; Along said curve to the right an arc distance of 1,071.11 feet through a central angle of 34 degrees 30 minutes 58 seconds, a radius of 1778.00 feet, and a long chord that bears South 16 degrees 49 minutes 47 seconds East, 1054.98 feet; (1019' G:\O R D\CAS ES\480-179.2 R D Page 7 7B-13 EXHIBIT "A" South 00 degrees 25 minutes 42 seconds West, 269.27 feet to the North Right-of-Way line of Dove Road; THENCE North 89 degrees 39 minutes 47 seconds West, along said North Right-of-Way of Dove Road, 980.02 feet to a standard Texas Highway Department concrete monument found; THENCE along the aforementioned Northeasterly Right-of-Way of State Highway No. 114 the following courses and distances: North 54 degrees 27 minutes 11 seconds West, 122.86 feet to a standard Texas Highway Department concrete monument found; North 19 degrees 26 minutes 08 seconds West, 859.84 feet to a standard Texas Highway Department concrete monument found at the beginning of a curve to the left; Along said curve to the left, an arc distance of 7 l 7.03 feet, through a central angle of 17 degrees 06 minutes 17 seconds, having a radius of 2401.83 feet and a long chord of North 27 degrees 59 minutes 17 seconds West, 714.37 feet, to a standard Texas Highway Department concrete monument found; North 36 degrees 32 minutes 25 seconds West, 1383.96 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter&Burgess" found in the East line of aforementioned R. P. Estes Subdivision; THENCE leaving said Northeasterly Right-of-Way, North 00 degrees 15 minutes 24 seconds West, along the East line of said R. P. Estes Subdivision, 51.00 feet to the POINT OF BEGINNING, CONTAINING 127.2 acres, more or less. C G:\O RD\CAS ES\480-179.2RD Page 8 —_ 7B-14 • CONCEPT PLAN SOLANA RESIDENTIAL PLANNED UNIT DEVELOPMENT SOUTHLAKE, TARRANT COUNTY, TEXAS AUGUST, 1995 C. EXHIBIT "B" I 1' ..•P - w1+r .v... / . , y•'-". . r".11._ / APPROXIMATE COUNTY LINE �- - `-�.r,,:p°6 - � r - PROPOSED SOLANA 041'• ` RESOFNTIAL PUB. ,+ .O-`yp�10• 4./, I I N13IXMMa AKA - MO AG 3I \•` 11% /:DI.•11 OPEN SPACE(MIX) - 21.1 AC. E' 'N •Jl•h wa1 —r �........ .rr I s1AnmK NET AREA - Hls AC. ...• '...•"•.i '�:..I ;`J` ............. '' i j R0...TO•E UEDGIED _ 11A AG i\ 11,�•,l` ++.L#il_� g = RESIDENTIAL rmK Cava NW* _ 199:.c. F: ,Ya' �/ • ar••.rat ou.NfAS NM.PPROMATO WIC•WO',0 L fT-F. I •� * i yt i COMVMTION OF PROPOSED NUKES Mt.-y.,t, IAt I t • i I If.°- OF°RUI NG UNITS - .\ .a- pc•�U• -.9 9 O rRr1�SS wows.,Maus.uo o-••ea P - �°.-. 01;$ : -.N.„ i «.,. «.I I g •-: *cIK gloss.AEA In:AC \ ..): ` PaoPDEED C0647 _LIS aU./AC. • .e att NI� �•• f o s r fi�= }-�D` ,P P1aP=NO.or awslcs- as. \ ; • •a t a•- r ° e': ':K !�c 1�..y1rN ` 11.;zri _ : •\ .\ L..... ....121111•I ' • -newels 11R Ie `;.;^+ Y..W17.. f,. \ WWI"' ', \`• \\• ,.,'rut III ii a • �+s ��1 8•• e _ ,e• ,==- 2 !`- rnoroxn nocorrw. \ \ iinia�im i ••isi f' e PROPOSED SOLANA NON-11EsoETFTTAL • \ \ N ism °i �!! • ' • - �r LD.NO.— e e tq P.U.D. \ \ 1l11 �- �.. • Teo._ • �® •• ��' S•8NTS&MU nA AG \ . 14,.. .-... •• - E70STlIG Z01•!1�W �\ a 9 6PEA SPICE sag Ac •. \a S.N. �=..2 omTWc tuD. .• o c OEIXCATm - as Az \ *.� i2�e:w II `e/•� 7I PROPOSED LUD.r W(ED \m K GIOSS WA - ANTS AC 0.f\• '\ �~ � ! w • • (I.L IAFAt All PPPnWa1ITQ •�*, ��. \ •\\ 7,0\\ 14.,., ,V" • 'D • •\,r -7„`i r ° • e c\.,...........::::\... ...or= - 41100..", . *door-, .17:ic el LEGEW �at '\'� �� C m e �� I •jl--f✓.✓y� MICOMMON OPEN SPACE To BE DEDICATED i�.` `•• P NON �•-- �+•,c•1� j 1 / TO THE CRY OF SOUTI AKE .1,., \ S . IO, y Y' '• 4P I/ COMMON OPEN SPACE TO BE MNNTNNED i• • •` yr1� 4.BY H.OA OR PUS. \ ` Y EMIFLOOD PLAIN 5I •�\ \ `\11 ' 19 TB �S • �:'L �.tt LU.D. LAND USE DESIGNATION O\ \ • , - • • ,-i �+ emit. MEDIAL DENSITY RESIDENTIAL f±. '\ \ '\ •�• • `�. I..D.L. LOW DENSITY RESIDENTIAL ly / 2 I �a2f... C.O.L. CORPS OF ENGINEERS SNOT. '\ \\ • r.� p1 AG ZONING-AGRICULTURAL .49 ` �°r" CS ZONING-COIN MUIITY SERVICE1 ' I • - • '�••�` 3 �1�r°Y Q ZONING-GENERAL COMMERCIAL AAl' '\ \ 1 1 / ;` $ppIj�A� I�s. ruo ZONING-PLANNED UNIT DEVELOPMENT i♦ : ,..-/ • s-•—,-wsucr 1n.A ,� SF1 ZONING-SINGLE FAMILY RESIDENTIAL. \ i • 'G `- POTENTIAL AREAS of PERMITTED ANCKLARY \ '\ t\I e.1a.6 • Dr • • 2 NON-RESIDENTIAL USES C-3 k C-S NOT E'• .4v: TO EXCEED A TOTAL OF 19.9 ACRES IN THE \ \ ,"\\ `' • •p _ a• _ EFp J� ENTIRE RESIDENTIAL P.U.D. U - \� \\ L • l s• •e a? • ..fl .....NI.- 10100011111111110011101 10100 s P11•rra•Ia•ert..s \ \ �� -• ..�1'i1-1i/..�, : ' ' sa0 Ors IFra K all O110 00 K•,OR IV 1r11100 a 1•aa• • .•—• K e01 M/a1O I SCM•.•Air 1{.r0..11 •1•, •l10/ R •\ L y a!O 1.011.,a••1�1 IK•1,aIM1••.rr[I111r. O, 1 0.1 1•00.a 1 0 K..a 11a••101. ` . trier A 101 0 1/.01 Mt Al rtl R.w `."' L .cif0 10 a009 1.01011 141q.00 b•M DO `w FIGURE 7 DARER. MTP-RU PHASE I a• IOr4T VENTURE APPLICANT, UAGURE THOMAS rARTIERS I ENGIEER BURY I PITT74AN OF.W.NC. LINO PLANER, TIE SWA GROUT N -NE VILACE CHICLE I!E IO Il VELAGE CIRCLE 53 HARVEST l DRIVE 2211 N LAMAR - _ suit s00 suTE S00 SLATE 930 SLATE 400 MESTLAKE TEXAS 76262 MESTLAKE TEXAS 76262 �/B DALLAS• TEXAS 75230 DALLAS•TEXAS 75202 ..n ^ •2014 3 0-03 0 3 I6T2u30-030 I3 -1 CJ QLL1941-0011 1214/954-0016 1!/ I Jr, G:\ORD\CASES\480-179.2RD . City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY ase No: ZA 95-73 Review No: Five Date of Review: 10/13/95 Project Name: Concept Plan-Solana(Residential P.U.D.) 199.2 acres situated in the W.Medlin Survey, Abstract No. 1958. the U.P. Martin Survey. Abstract No. 1015. the R.D. Price Survey,Abstract No. 1207, and the James B. Martin Survey.Abstract No. 1134, and includes all of Lot 4.Block A.MTP- IBM Addition No.1 as recorded in Volume 388-211. Page 68. P.R.T.C.T. and Cabinet G..Slide 208, P.R.D.C.T. APPLICANT: ENGINEER: Maguire Thomas Partners Bury&Pittman D.F.W..Inc. Nine Village Circle. Suite 500 5310 Harvest Hill Drive. Suite 100 Westlake. Texas 76262 Dallas. Texas 75230 Phone: (817)430-0303 Phone: (214) 991-0011 Fax : (817) 430-8750 Fax : (214) 991-0278 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT PLANNED UNIT DEVELOPMENT BOOKLET RECEIVED BY THE CITY ON 8/21/95 AND THE PROJECT CONCEPT PLAN RECEIVED BY THE CITY ON 10/09/95 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. • • The following changes are needed with regard to the Concept Plan-Figure 7: • il. Correct the acreages shown in the Residential Site Data Summary.The acreages shown total to 199.1 acres. Correct any other figures which might be affected. FShow right-of way dedication for the future re-alignment of Dove Street. Consult with the City Engineering Staff for alignment. Delete the 10'-F1 bufferyard across the northern portion of the property. Please note that bufferyards 44 will be required between residential properties and any ancillary uses. �V e following changes are needed with regard to the Planned Unit Development Booklet: 7 Product Type 'B' calls for a maximum lot coverage of 50%on not more than 25% of the lots and a maximum lot coverage of 40% on not more than 75% of the lots. Ordinance 480, Section 30.5, pertaining to residential PUD's, requires that all buildings or structures shall have a maximum lot coverage not exceeding 30%of the lot area. i31. The applicant has requested that the regulations of the underlying zoning district as currently amended in Zoning Ordinance 480 dated September 19, 1989 be used as the basis for the permitted uses in the P.U.D. The City Attorney recommends that the underlying zoning districts as amended over time be the basis for the permitted uses in the P.U.D. 7B-16 City of Southiake,Texas 6. Move the ancillary uses in Section VIII "Development Standards" to a paragraph preceding Product Type "A". Please note that it has been the understanding of City Staff that skating rink and gasoline service station uses were to be excluded. Please clarify. * Please submit a revised set of development regulations prior to the submittal of development plans. * Denotes Informational Comment cc: Maguire Thomas Partners Bury&Pittman D.F.W.,Inc. The SWA Group, 2211 N. Lamar, Suite 400,Dallas,Texas 75202,Phone: (214) 954-0016 G:\WPF\REV\95\95-073CP.WPD --- 7B-17 _ CONCEPT PLAN SOLANA RESIDENTIAL PLANNED UNIT DEVELOPMENT SOUTHLAKE, TARRANT COUNTY, TEXAS 1 AUGUST, 1995 1' (....„ , ,... .... ., � N �, ,Wa,"1',4 .,4-, ,, . � ' .r.M.- APPROXIMATE COUNTY UNE - -•'� : I • dr. - ` >. p PROPOSED SOLANA IIE5DENML P.UD. ! ; " ,1a-•.s1A°oy d:py� I I .6aOttw MEN I10.0 K. • Y.J°� corion OPEN SPACE 0�;) - iti.G !� \ .•``-��`� .`.ft �.... ... .-' V.. - j I wmm*NET AREA u1.2 AC. Q "Z`' RA...TO SC OLMAIED NO N. • I\ A1°Sit` +i I N'`��..�r`�-'® RESDEIlT1AL ;: - I TouA GROSS MO 1p2 AG. • O4'OL? 11(<<.0 •arr • W . f1.. • + I (AA ALAS AAc M M15I wpo•gyp. COLlUTA710N OF PROPOSED NUMB - .Ti°"INr "11tLN '••a.�" f nIvi�r! • •� ..I.n..nrA.�i ue C..... ° i I d o°y°} or oWEul+e um •\ .a• • 1�`1 • � I'- ICES CROSS AEA 1102 PC. i::'.ff - ' «.Art ...I IMPOSED MOONY -EIS ON/AC. \• .• •<atiN �•• [ • • 14'•R • = -t-:t2' s P.v06CD NO OF OROANI=- w i• a•LI lb •• - ��"• c oars • . t%�::.'::* ••"'. . f• NEsoFr AL e 1:.:,:::::::::::::1 ' .: '� :- SEW \ •• }KYz� ` ' `call \ �� I litUU cessusnw• i ® ••• • . . N....1 lei e ir's-1.% '',!.-/--.-r.r..... .-..,1•- \ `� �® PROPOSED REROENTAL \ \ '7Y taY.i'�AY�i�'Y. �ii..44 VP: ciu ' . • . . .. PROPOSED SOLANA NON-RCSBSQAVLLP.UD. \ �• OOOOOOO.. •...«... • ® •• °' v wRESORMMA ARG CI K ,\ 'p � « ••• ✓ omen mad CS. • \ �`'• 7N OPp SPACE NA AG 9i•' •««••«« ` E70S771G LLD. \ ar ° TO SE oE9RwTLo - s 9 AG \ *•S•' PROPOSED LUD. e u05s AIIFA 1i72 AC � y 1 `� -• •'. 'L4RR!(iiie ARE APPRORRUTq . •\ •1 ` \ tom • \ --\ .-.1„, • ..••••.\ \ \ as3 \\.,.., • •. m ors; \ • i kr I i 2:' ' 1 h h.• Ill r7111);'''.3-4 ° 1: i '� \ If: LEGEND I%•\ P . ._.,. NOS• AL a."''.,`• 1-7- MITO MMON THE an OP SOUTHLAKEE SPACE TO BE DEDICATED , -`�_++��'-�� M,•GM COMMON OPEN SPACE TO SE MNNTNNED •.•. A 1. • :or 1 BY H.O.A.OR P.M.A. \ : ��F. t L.U.D. LAND USE DESIGNATION 1y\• \ \ ---.1"` • • E.'' • ' ./1..0 LD.a. MEDIUM DENSITY RESIDE/FOAL ,"R. LOWDENSITY RESIDENTIAL ,.P'T. \• \ L C.O.E. CORPS OF ENGINEERS SNOT. d '\` ' 0 �~ > CO ZONING -COMMUNITY SERVICE 'y- \ VLL I d3,yr CS ZONING -GENERAL COMMERCIAL ° \ L=— PUD ZONING -PLANNED UNIT DEVELOPMENT \ 45 ♦ /`-•' MU...a.-•. C$a • t+ Ill ZONING-SINGLE FANCY RESIDENTIAL '‘ • " ®®• . POTENTIAL AREAS OF PERMITTED ANCRINRY • \ ♦.V - •i :; NON-RESOENTML USES C-2&C-S NOT \\ `T>•• O �•• • \` _ . :; «*T9s ENTIRE EXCEED A TOTARESIDENTIAL P.U.D.19.9 ACRES IN THE \\ ' .\11 • • .Yo b• ` y. ENTORE RESIDENTIAL .0 •� * 0-� 1000.100°t m•a•000.001.10I 800000. ` 1`i_i.�i_'6ii47_�-'•.�-r for 0.00. .. on. 0•0000•K •••ao 0.8e wr .\ a« 44. ..01•1M0 a.RN ttl,aA•0 wr.s sat,. 100/0000 1 00I•000•A.[A 210•.w. „7".`O C l••v.iiw w ram..uA1•a - at / Att—000131.0 FIGURE 7 OWNER HTP-1M PHASE I&B JONT VE1aURE APPLICANT: MAGUIRE TNOMAS PARTNERS UKfCER, BURY S PITTMAN OF.W.INC. LAPS PtApER TIE SWA GROUP NNE VSLAGE CIRCLE WE VWGE CIRCLE 5310 HARVEST 111.1.DRIVE 2211 N.LAMAR SURE SOO SUITE SOO SUITE 100 ATE 400 WESTLAKE,TEXAS 76262 WESTLAKE, TEXAS 76262 DALLAS.TEXAS 75230 DALLAS,TEXAS 75202 1071430-0303 K117M30-0303 RML991--0011 (210956-0016 7B-18 '—r � ( 5 City of Southlake,Texas MEMORANDUM October 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-180,Second Reading ZA 95-74,Rezoning and Concept Plan/Solana (Non-residential) REQUESTED ACTION: Rezoning and Concept Plan for Solana (Non-residential), 127.2 acres situated in the U.P. Martin Survey, Abstract No. 1015, being portions of Tracts 1A1, 1C, 2A, 2A1, 2A2, 2A5, 2A6, 2A7, and the James B. Martin Survey, Abstract No. 1134,being portions of Tracts 1 and 1C This development proposes separate phases and/or parcels permitting "C-3," "0-2," "HC," and"CS" uses with development regulations being the same as the underlying zoning district. The applicant has excluded the following uses: tires,batteries and automobile sales. AMENDED REQUEST: Omit ancillary uses LOCATION: Northeast of Northwest Parkway(S.H. 114), South of Kirkwood Boulevard and North and North of West Dove Road. OWNER: MTP-IBM Phase II &III Joint Venture APPLICANT: Maguire Thomas Partners CURRENT ZONING: "C-3" General Commercial District, "CS" Community Service District and "P.U.D." Planned Unit Development District REQUESTED ZONING: "NR P.U.D."Non-Residential Planned Unit Development District with"C-3" General Commercial District,"0-2"Office District, "HC"Hotel District,and "CS" Community Service District uses. LAND USE CATEGORY: Mixed Use/Flood Plain NO.NOTICES SENT: Three(3) RESPONSES: No written responses received. C 7C-1 MEMORANDUM ir CURTIS E. HAWK ORDINANCE NO. 480-180, SECOND READING ZA95-74, ZONING AND CONCEPT PLAN OCTOBER 13, 1995 PAGE 2 P &Z ACTION: August 3, 1995;Approved to Table(5-0-1)ZA95-74,Rezoning and Concept Plan for Solana(Non-Residential) until the August 17, 1995 Planning and Zoning Meeting per the applicant's request and continue the public hearing. August 17, 1995; Approved to Table (6-0-1) ZA95-74, Rezoning and Concept Plan for Solana (Non-Residential) until the September 7, 1995 Planning and Zoning Meeting per the applicant's request. September 7, 1995;Approved(4-2-1)ZA95-74,Rezoning and Concept Plan for Solana(Non-Residential) subject to Plan Review Summary No. 3 dated September 1, 1995 as amended: 1) restricting the potential ancillary uses to approximately 6.7 acres as shown on the amended Concept Plan (being approximately the northern half of the area designated as such),2) restricting the density of the underlying "MF-2" zoning district to 8 units per acre,and 3) using the configuration of the open space as illustrated at the meeting (being the area West of the ridge line, except along Kirkwood Blvd. near the proposed drainage structure). COUNCIL ACTION: September 19, 1995; Approved to Table (5-0) ZA95-74, Rezoning and Concept Plan for Solana (Non-Residential) until the October 3, 1995 City Council Meeting per the applicant's request. October 3, 1995; Approved(6-0) First Reading of Ordinance No. 480-180, subject to Plan Review Summary No. 5 dated September 29, 1995,deleting item#2(location of ancillary uses in development regulations)and amending the request to eliminate any ancillary uses. STAFF COMMENTS: The applicant has met all the review comments of the Plan Review Summary No. 5 dated September 29, 1995 with the exception of the items addressed in the Plan Review Summary No. 6 dated October 13, 1995. KPG/ls G:\WPr1MEMO\CASES95\95-74ZC.3CC C 7C-2 d V` -id.�cHU vtc'i H. THROW, • a `\ REIS D. P 110E L.' : • - - ..... I 1 a •, N \\ I(sr 1 r---I r., • .,,.., �. 10I HA FEY i r`• L_. .-- --'---- c r REIS PRICE11?!--T _ -- -- Y . _ ' r -. 13_1) 1 55' i - ' - tco OSE H ' ,fir' , ! '"rra•••••,nc r"I ill, 'I ------.- i' oc.4i1'C,' DAVIOLDOUTHIT I •'�_7 , 1 f: •‘114114O /' r ii a �'• —`_ ' ' ► ;y_, DENTON J • 'IR /`'v ....44‘J. HENRY W. MILLS 1• TARRANT r �, •-:-. • --- ..r __ I , ''" DAVIO/0001'it c:•l;,. _ 1..• • 4110 1 . t o `3 KE rARK �- --fJ •--- I1.'�_ i..a :, 1- F-.. Z • 0.0 WE,S,0Ti Np I I �� r I c r _._ r- i---.......: MTHQIOO� T to ; j..: C. -_- •.7 .....: . .-. { liiii -oi I ... „ro .�.. IA 71' . - eii4=.4paQuilsOh.1 , d 61f' I ., ... 1 altriAl. I ..r I I ,� • — I to :Ir. 16 ..fte • 0111,....:.... ; lir A.. .'I'-1.' : :::. i li::Ill' ; • G• • ; - MMARTIN - �• C.DART - © •Y-1 SEEDY 4- J. WEST ®R ••• I1 !.'" ., c 1 MEEIII. I .,, t.E5 '. N• -'- .r 0 ... _ iiitifdHif • I�: �Mr •t • �, ..• ____. I�iilum3:ilE1 P... c�.:: ,7 R .!'... •` • w Ili AeSALOM Kul I,.,.-.. a 1---- Ie ASE ''o Q — .. ,.. O- coo' R - _ .�I�-RaIPA H. CHIVERS I u I: d�! d fsT p �' ... L7o: awl -tee-- pet plow l ` .`_ I�'� �� Ib ��Ili .J61A: � — 1i —_ 7 sLQ`: "rr I o WV ur' '''�., i� - . --:IOHN CHILDRL'ss--• -- t,� . .tA •\ - F9%.„741L,w. 'I . E�� G ,:... .-gam .�. -: .....„. ii • • �ER� • = .•• ' um .,., �I _ 1ii - A of :ii • irs. km/ - „rr _w �` ��-�7oi41( �..I; • CR• . ri. N....:„.. Q. '' ., �7�� o• '^f 'v. •'' � /� HALL Ma+•_ WII -` W. . . i. r. -WC-. air :. _ _4.:, i gum WI IA* _ • ,h j "ao� �el� �i -�� ...,.:.,:;.,Li.., •- {'asi _-- S - 'e r (• • :••••/ yItii • .. :f- -' a' V-- •1..1 ---� ' -ir f. '�1�_<_..S dot.�� .•m - •l..-��.. "- '� -IF.:' 'y'.,_�..' .i`"f__'r °�R.n/•R. ._� •; --,i.;ooe. ..1.• �'#_�_ .. TRACT MAP ��, , ••. :' :t " fATs �" - `F''�+ '4 "ALL .. - .y' _ .J __ ..l.J"' --1 , \ ;A ex' 11 e-— •. .I' 'FAR 1 ' F I �-___ 686 • {f: I 1` ¢a� I e:o. —\�'�S i-� . . �`-� tis1. � i j .'o rN' , r f� 9 7. p0"t a:- f ll5I �5 7 C 3 -- _=- i i• - - - q j. 7 ` f ;. ADJACENT OWNERS - LiJM •+ DRUM '.5 #1l C/ UI' LJ W./\:J U U i I i SURVEY A-1607D it, II11111I ' •� 1 4 ',, ..5 E .. .V%Ai1, ,\ DENTON 1 1-- 1--- z—±1 L+..0 1.1.1�,1 I.U..! 1 , — WIRYj IA IN . MILLS i "";111I11111y11i TARRANT A-742 SURVEY A-1086 t 1 _.!-- •I•J' 3A 1 2 ! W. iIC DLIN 2^ DQdID DONJ`�b6I 51atWY A-1958 1A IA1 2A2 —.——2A7 _ 2731 SURVEY A-448 • %`•` y, l ��81Y' — Spin#2 Representative 1 NJ'jP Martin Schelling -r( NN DD'-. , ' 1----i4,- 4c .,... ..... .._... .._. __. r r 481 4A1 % 71 r' (ss y 'J.Pt1Q T N 2As 1 3A1 4A 3A 3F SURVEY . 1015 • ,/ !J iR J �3A1A 3A4 REIS D 2A1 3A1 3A48 3 St RVE ' A2 �� ..- 3A1 3A4A ��y Al I 3A3 • �s� 3A3A1 l� 4I3A3A '!" 1C 1 r .ST �, �L 3A2 3C 3Dt :1 iTt , 182,164 781:1101 1: 7A1A1 7A1AogioNlelk ' 2 • io1 ►_-r5 J. F s o . l r-, ;'('8hl F RD (�x� (�(S�A1A �� _T.W. NO ik*N 1818 MA 181A SURVEY A-11 1 0 C-5 1E �.� 4FJ r 7AS 182 SURVEY A-1107 I 1B1C •3 4A 1 i 1C1 1Co - I11D z ) 1 1 < 7 1 CITY OF WESTLAKE x " 1 1 2 11MARRON LAND CORPORATION 3 PI1E 1D 4 St: 2 8.182A —._, 1 1E1 WI is A � :A z h 1H 18 1WLI1 (or,182A1 --�� -�- IC 1J 182 WEST ()EVE STR:ET iFt _ / F;i:, i i .' i i i .1A l 1 1t 1 i..0 i-- El 11 7C-4 , ' A , , ,-.4-0,7-ii-74dhk L z - 7 IT OF SOUT k LAKE, TEXAS O' II INANCE NO. 480-180 / / 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 127.2 ACRES SITUATED IN THE U.P.MARTIN SURVEY,ABSTRACT NO. 1015, BEING PORTIONS OF TRACTS 1A1, 1C, 2A, 2A1, 2A2, 2A5, 2A6, 2A7, AND THE JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134, BEING PORTIONS OF TRACTS 1 AND 1 C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT, "CS" COMMUNITY SERVICE DISTRICT AND "P.U.D." PLANNED UNIT DEVELOPMENT DISTRICT TO "NR- P.U.D."NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT, "0-2" OFFICE DISTRICT, "HC" HOTEL DISTRICT,AND "CS" / i^ COMMUNITY SERVICE DISTRICT USES, SUBJECT TO THE /` SPECIFIC REQUIREMENTS CONTAINED IN THIS `" L 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 1_, 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 "C-3" General G:\ORD\CASES\480-180.2RD Page 1 7C-5 Commercial District, "CS" Community Service District and "P.U.D." Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these 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, G:\ORD\CAS ES\480-180.2RD Page 2 7 C-6 (ow 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: Being a 127.2 acre tract of land situated in the U.P. Martin Survey, Abstract No. 1015, being portions of Tracts 1A1, 1C, 2A, 2A1, 2A2, 2A5, 2A6, 2A7, and the James B. Martin Survey,Abstract No. 1134,being portions of Tracts 1 and 1C, and more fully and completely described in Exhibit"A" attached hereto and incorporated herein,from "C-3" General Commercial District, "CS" Community Service District and "P.U.D." Planned Unit Development District to "NR-P.U.D." Non-Residential Planned Unit Development District with"C-3" General Commercial District, "0-2" Office District, "HC" Hotel District, and "CS" Community Service District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "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 G:\O RD\CAS ES\480-180.2 RD Page 3 7C-7 (1619 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 or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. (law 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 G:\ORD\CASES\480-I80.2RD Page 4 7C-8 (60, PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Ce CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L G:\ORD\CAS ES\480-I80.2RD Page 5 7C-9 ZONING LAND DESCRIPTION Cie PROPOSED SOLANA NON-RESIDENTIAL P.U.D. (WEST HALF) EXHIBIT "A" BEING a 127.2 acre tract situated in the J. B. Martin Survey, Abstract 1134, the U. P. Martin Survey, Abstract 1015, and the W. Medlin Survey, Abstract 1958, all located in Northern Tarrant County, Texas, and the W. Medlin Survey, Abstract 1588, located in Southern Denton County, Texas. This tract of land embraces those tracts described in a deed conveyed to MTP-IBM Phase II and III Joint Venture, a partnership, as described in Volume 8995, Page 1260, said Tarrant County Deed Records,and all of said 127.2 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 3/4-inch iron pipe found for the Northeast corner of the R. P. Estates Subdivision as recorded in Volume 1957, Page 324, said Deed Records, the same being the Northeast corner of a tract of land conveyed to Ben O. Parks and T. C. Massey as recorded in Volume 5523, Page 786, said Deed Records; THENCE North 89 degrees 45 minutes 00 seconds West, along the North line of said R. P. Estates Subdivision 37.68 feet to a 5/8-inch iron rod with a yellow cap stamped "Carter& Burgess" found in the Northeasterly Right-of-Way of State Highway No. 114 (220 feet wide); THENCE along said Right-of-Way as follows: North 36 degrees g s 32minutes 25 seconds West, 227.75 feet to'a Texas Highway Department concrete monument, found; North 53 degrees 27 minutes 34 seconds East, 6.00 feet to a 5/8-inch iron rod found.; North 36 degrees 32 minutes 25 seconds West, 460.22 feet to a 5/8-inch iron rod found; North 32 degrees 32 minutes 25 seconds West, 132.10 feet to5/8-inch g a iron rod found; North 18 degrees 59 minutes 38 seconds West, 115.37 feet to a 5/8inch iron rod found; North 32 degrees 06 minutes 29 seconds West, 430.57 feet to a 5/8-inch iron rod found; North 29 degrees 36 minutes 27 seconds West, 232.63 feet to a 5/8-inch iron rod found, the beginning of a curve to the left; Along said curve to the left an arc distance of 163.28 feet through a central angle of 06 degrees ' 26 minutes 28 seconds, a radius of 1452.40 feet, and a long chord.that bears North 32 degrees 49 minutes 41 seconds West, 163.19 feet to the beginning of a curve to the right; (kire G:\ORD\CAS ES\480-180.2RD Page 6 • 7C-10 EXHIBIT "A" South 34 degrees 53 minutes 18 seconds East, 374.48 feet to a 5/8-inch iron rod with yellow cap stamped "Carter& Burgess" found; South 24 degrees 15 minutes 34 seconds East, 169.05 feet to a concrete monument found for the Northeast corner of Stanford Place Addition as recorded in plat Volume 388-128, Page 79, said County Records, Tarrant County, Texas; THENCE leaving said Southwesterly Right-of-Way, South 89 degrees 14 minutes 52 seconds West, along North line of said Stanford Place Addition, 1066.53 feet to a concrete monument found for the Northwest corner of said Stanford Place Addition; THENCE South 00 degrees 10 minutes 12 seconds West,along the West line of said Stanford Place Addition, 706.40 feet to a 1/2-inch iron rod found for the Southwest corner of same, also being the Northwest corner of a tract of land conveyed to Harry Boyer as recorded in Volume 3685, Page 498, • said Deed Records; • 'THENCE North 89 degrees 58 minutes 39 seconds East, along a common line between said Stanford Place Addition'and the said Boyer tract, passing at 1077.40 feet a concrete monument found in the West line of said White Chapel Road in all 1101.30 feet to a 5/8-inch iron rod with cap stamped "Carter& Burgess" found in White Chapel Road; THENCE South 01 degrees 28 minutes 12 seconds West along the East line of said Boyer tract, 235.06 feet to a 5/8-inch iron rod with cap stamped "Carter& Burgess" found; (ow THENCE South 89 degrees 58 minutes 26 seconds West, along the.South line of said Boyer tract, 23.90 feet to a concrete monument found being in the Westerly line of said White Chapel Road; •• THENCE South 01 degree 23 minutes 22 seconds West, along the said Westerly Right-of-Way of White Chapel Road, 376.88 feet to a 1/2-inch iron rod found; THENCE South 89 degrees 40 minutes 50 seconds East, 25.73 feet to a P/K nail with a shiner found in said White Chapel Road; THENCE South 01 degree 27 minutes 10 seconds West, 275.63 feet to a P/K nail with a shiner found; • THENCE North 89 degrees 08 minutes 46 seconds West, 25.77 feet to the Westerly line of said Right-of-Way from which a 3/4-inch iron rod found bears North 48 degrees 55 minutes 56 seconds West, 0.43 feet; THENCE South 01 degree 27 minutes 46 seconds West, along said Westerly Right-of-Way line, , 48.80 feet to a I/2-inch iron rod found for the Northeast corner of a tract of land conveyed to the City of Southlake as recorded in Volume 7354, Page 934, said Deed Records; G:\ORD\CASES\480-180.2 RD Page 7 7C-11 EXHIBIT "A" THENCE North 89 degrees 07 minutes 34 seconds West, along North line of said City of Southlake tract, 220.27 feet to a point in the East line of a tract of land conveyed to IBM as recorded in Volume 8829, Page 493, said Deed Records from which a 2-inch iron pipe found bears South 89 degrees 07 minutes 34 seconds East, 0.55 feet; j. THENCE South 00 degrees 10 minutes 50 seconds West, along West line of said City of Southlake tract, and the East line of a tract of land conveyed to IBM Corporation as recorded in Volume 8829, Page 493, said County Records, passing at 302.15 feet the Southwest corner of the said City of Southlake tract also the North Right-of-Way line of Dove Road (a 50 foot wide right-of-way) in all 326.79 feet to a point in the centerline of said Dove Road; THENCE North 89 degrees 08 minutes 45 seconds West, along said centerline of Dove Road, 291.43 feet to a point; THENCE North 00 degrees 10 minutes 50 seconds East, leaving said centerline of Dove Road, 25.00 feet to a 5/8-inch iron rod with yellow cap stamped "Carter & Burgess" found in the aforementioned North Right-of-Way line of Dove Road, the same being the Southeast corner.of a tract of land conveyed to IBM as recorded in Volume 8829, Page 487, said County Records; THENCE North 89 degrees 08 minutes 45 seconds West, along said North Right-of-Way line of Dove Road, 288.50 feet to a 5/8-inch iron rod with yellow cap stamped "Carter& Burgess" found, being the Southeast corner of the said IBM Corporation tract, the same being in the East line of a tract of land conveyed to IBM Corporation as recorded in deed Volume 8764, Page 1260, said (toe County Records; THENCE South 00 degrees 10 Minutes 50 seconds West, leaving said North Right-of-Way line of said Dove Road, 25.00 feet to a point in the centerline of said Dove Road, the same being the Southeast corner of said IBM Corporation tract; THENCE North 89 degrees 08 minutes 45 seconds West, along said centerline of Dove Road and I the South line of the said IBM tract, 249.98 feet to a point in said centerline the same being the Southeast corner of said IBM Corporation tract; THENCE North 00 degrees 10 minutes 50 seconds East, leaving said centerline of Dove Road and along the West line of said IBM Corporation tract 25.00 feet to a 5/8-inch iron rod with a yellow cap ; stamped "Carter& Burgess" found, in the North line of said Dove Road; THENCE North 89 degrees 39 minutes 47 seconds West, along said North Right-of-Way of Dove Road, 141.30 feet; THENCE•leaving the North Right-of-Way line of Dove Road and across the said MTP-IBM tracts as follows: North 00 degrees 25 minutes 42 seconds East, 269.27 feet to the beginning of a curve to the left; G:\ORD\CASES\480-180.2RD Page 8 7C-12 EXHIBIT "A" Along said curve to the left an arc distance of 1,071.10 feet, through a central angle of 34 degrees 30 minutes 58 seconds, a radius of 1778.00 feet, and a long chord that bears North 16 degrees 49 minutes 47 seconds West, 1054.98 feet; North 34 degrees 05 minutes 16 seconds West, 374.83 feet to the beginning of a curve to the right; Along said curve to the right an arc distance of 467.09 feet through a central angle of 12 degrees 47 minutes 12 seconds, a radius of 2093.00 feet, and a long chord that bears North 27 degrees 41 minutes 40 seconds West, 466.13 feet to the point of reverse curvature; Along said curve to the left an arc distance of 1,097.97 feet through a central angle of 44 degrees 42 minutes 41 seconds, a radius of 1407.00 feet, and a long chord that bears North 43 degrees 39 minutes 24 seconds West, 1070.32 feet to a point of reverse curvature Along said curve to the right an arc distance of 1,482.69 feet through a central angle of 83 degrees 07 minutes 24 seconds, a radius of 1022.00 feet, and a long chord that bears North 24 degrees 27 minutes 03 seconds West, 1356.04 feet to a point of reverse curvature; Along said curve to the left an arc distance of 479.85 feet through a central angle of 72 degrees 43 minutes 59 seconds, a radius of 378.00 feet, and a long chord that bears North 36 degrees 31 minutes 21 seconds West, 608.76 feet;(hisf • South 89 degrees 50 minutes 38 seconds West, 338.73 feet to the Right-of-Way line of i Kirkwood Boulevard; THENCE along the Right-of-Way line of Kirkwood Boulevard as follows: North 00 degrees 09 minutes 22 seconds West, 99.28 feet to the beginning of a curve to the right; Along said curve to the right an arc distance of 12.78 feet through a central angle of 73 degrees 12 minutes 27 seconds, a radius of 10.00 feet, and a long chord that bears North 39 1 degrees 01 minute 39 seconds West, 1 1.93 feet to the East Right-of-Way line of East T. W. King Road; THENCE along said East Right-of-Way line of T. W. King Road as follows: North 02 degrees 25 minutes 20 seconds West, 95.63 feet to the beginning of a curve to the left; Along said curve to the left an arc distance of 167.60 feet through a central angle of 15 degrees 44 minutes 31 seconds, a radius of 610.00 feet, and a long chord that bears North 10 degrees 17 minutes 35 seconds West, 167.07 feet; (or G:\ORD\CASES\480-180.2RD Page 9 f 7C-13 EXHIBIT "A" North 18 degrees 09 minutes 51 seconds West, 3.34 feet to the beginning of a curve to the left; Along said curve to the left an arc distance of 450.50 feet through a central angle of 54 degrees 27 minutes 17 seconds, a radius of 474.00 feet, and a long chord that bears North 45 degrees 23 minutes 30 seconds West, 433.73 feet; North 72 degrees 37 minutes 08 seconds West, 404.43 feet to the beginning of a curve to the right; Along said curve to the right an arc distance of 389.73 feet through a central angle of 55 degrees 00 minutes 00 seconds, a radius of 406.00 feet, and a long chord that bears North 45 degrees 07 minutes 08 seconds West, 374.94 feet to the beginning of a curve to the right; 1 Along said curve to the right an arc distance of 220.36 feet through a central angle of 08 degrees 58 minutes 48 seconds, a radius of 1406.00 feet, and a long chord that bears North 13 degrees 07 minutes 44 seconds West, 220.13 feet; THENCE North 88 degrees 17 minutes 12 seconds East, leaving said Right-of-Way 80.85 feet to a 5/8-inch iron rod found; THENCE South 00 degrees 12 minutes 32 seconds West, 220.18 feet to a 5/8-inch iron rod found; THENCE South 31 degrees 05 minutes 05 seconds East, 50.00 feet to a 5/8-inch iron rod found; THENCE South 63 degrees 57 minutes 48 seconds East, 359.25 feet to a 5/8-inch iron rod found; THENCE South 89 degrees 47 minutes 28 seconds East, 79.66 feet to a 5/8-inch iron rod in the West line of A. F. Olen tract, as described by deed Volume 4823, Page 575, said Deed Records; THENCE South 00 degrees 12 minutes 32 seconds West, along the West line of said Olen tract, 43.43 feet to a fence corner found for the Southwest corner of said Olen tract; THENCE North 89 degrees 42 minutes 23 seconds East, along the South line of said Olen tract, 479.25 feet to a Corps of Engineers concrete monument found for the Southeast corner of said Olen tract, same being the Southwest corner of said C. R. Revels tract; THENCE along the Southerly line of said C. R. Revels tract the following courses and distances: North 89 degrees 50 minutes 38 seconds East, 660.05 feet to a Corps of Engineers concrete monument found; North 89 degrees 33 minutes 04 seconds East, 1132.28 feet to a 3/4-inch pipe found; South 01 degree 09 minutes 16 seconds East, 651.54 feet to a 3/4-inch iron rod found; L G:\ORD\CAS ES\480-180.2 RD Page 10 7C-14 EXHIBIT "A" North 89 degrees 56 minutes 04 seconds East, 333.16 feet to the POINT OF BEGINNING, CONTAINING 199.2 acres of land, more or less; L (..„,, , t 1 C G:\ORD\CASES\480-180.2RD Page 11 1 7C-15 L CONCEPT PLAN SOLANA NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT 1 SOUTHLAKE, AIAnaia gx, TEXAS tf L, F. EXHIBIT "B" , ,r, ... ^A4 �. �.�,, APPROXIMATE COUNtt LINE _ 7-_. t�'�". , �'• •f' PROPOSED SOLANA lES D(RAL PAID. I '\_ • A••• I • \• +°` �o:A•A. d o o� I I Nrva.Au ,w.o.c. i \ + ......4 �• _ 4dr` --- 0 TOTT OPEN SPACE(„X) - z,.l AC .\ - yYa x•.••••�•^ .. ! ! SIRTaTAL NET AREA - A,J!AC. .• .� ... y�:f.•... :..i .. ......... .....•.•....•.. i R.O.W.TO SE DEOIONEO - ,aA AC. • .•. ••L.; •t Jam) `� li iNN a tT* t I-ll Tara CROSS AREA - Ma.2 AC. al l i«i • _ :,1�.,j�_2r��`/� • • i R, (Au.AREAS ME APNIOX.NiE) �I 1. w M tlr S • 66 , I 4. COMMUTES:OF PROPOSED NUN ES j or-14 .r •i.ObS rE • •• x I I Ad.y of MUM LOFTS �u.0. • S/ �d' TOTa WIDSS MEA tMS IC. _ D a .' + '6j: e.• PROPOSED M0.of OMEILINOS- AU 0," 00 ••:f rt r'L •.— { _ :.\ 0.�1 • 101 ar •` �\ ' • ` ::\ •\\ � IMc Sr i� "'; ` 0� : ..ee \ :/O \ SSAi •)T • • •• is: ` +° \ u r dY .1:•• 8 •euir \\ \'\ >> i etlett hlU!!Iuuiel� •• °: .• r-t IIIIIIUMMUIS111:1111 0( iill ...\ \ aIIQi1191iHI11P • • s • • ... \ \ ll:tS:StttiUttlpttlitigt y 6�, PROPOSED RESDEPMAL ' • PROPOSED SOMA NDN-IESDENTNL J \\ ; \•\.. ^• i:i:....:::i• •••"" •y • •/� ' 41100— •f• �® ••• ° A a 311.6•T AC. \ \ s 7.•..II OPEN •• Ac, t '. l t TO GE DEDICATED - St AC ''\ \�•��•• �.... `�r 'Eb ` • :`\ P' u° CROSS AREA p3r� �AO � / • \ (Au.AREAS ME A/Pwli aq '-• ed,1. \ \- �? iSP� �`°•q o. ° \ \ \�a NON-RESIDENTIALit N ( "rM"r'v� al.j..,..7-b ..:" frol'A\ii, • .„1„..) 49 �1,1s:. \ `� l I 1 ,o,a +/1�.� LELW.2 '\ \ C E Pr I! .17. COMMON OPEN SPACE TO SE DEDICATED CD\ \` NON- _--••/449 / - TO THE CITY OF SOUDiNCE 1•1 \ • NO. t r P y� COMMON OPEN SPACE TO BE w)MAINED • 'I.. A • • O I °LOT I�.! BY R.C.A.OR P.MA ,� , \ -' — EEOFtDoo PINK ,.,\ ,`t LROPOSED UG '•O'® 0 _T. • . T..P LU.D. LAND USE DESIGNATION \ \ l •• ..• • • M.D.R. MEGRIM DENSITY RESIDENTIAL '\ \ �\ �• •: • . • LDR. LOW DENSITY RESIDENTIAL J1 �/ S C.AG. ZONINGCORPS OF- ENGINEERS AGRICULTURAL Y' d0 � \l I\ C/„ I 0 �?.. -- «.Os: CO ZONING-COMMUNITY SERVICE p . 111/ J A, C3 ZONING-GENERAL COMMERCIAL if �` '\ \ °. PUD ZONING- PLANNED UNIT DEVELatMEM SFI ZONING-SINGLE FAMILY RESIDENTIAL \• IA a :/...). : • RESIDENTIAL •�• • •• • . . t ..s , v .7x \ \ t .„,, •• •• •d \ \ • (Th....„,-1-7 iii,„ • . 7. NAM I.TM~NI.••o,Isr••YPO.••O••••••• •'\ \ :`; - Weer'----•[�6olVEE,"� �� lv•Ar••m.a>•wv v To•r nsI K lm v S` s°. I 1 gIISAIR y.IOI.[AY•..M1Ytif11P. 1 O -- _ ._ __ 1.OP AROM l>•A la IMYYM Plat /# I t Y Ia.II0.•cwe•a w FIGURE 7 ORE. MTP-•M PHASE I a■JOINT VENT NE APPUCANTI MAGUIIE THOMAS PAINTERS I ENGINEER. BURY a PITTMAN OF.W.,NC. LAND PLANTER THE!WA GROUP NNE VILLAGE CIRCLE NNE VLLAGE CIRCLE SSIO MINEST NLL DRIVE 221I N.LAMAR SURE SOO SURE S00 PO IR'SIIAKE VAS 76262 WESTLAKE, TEXAS 76262 SUITE SUITE 400 .— •11 /E 11�11 7 C-1 6 °A1LA1�TEXAS 7525° DALLAS,TEXAS 73202 G:\ORD\CAS ES\480-180.2RD City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY ase No: ZA 95-74 Review No: Six Date of Review: 10/13/95 Project Name: Concept Plan-Solana(Non-Residential P.U.D.) 127.2 acres situated in the U.P. Martin Survey.Abstract No. 1015. and the James B. Martin Survey.Abstract No. 1134 APPLICANT: ENGINEER: Maguire Thomas Partners Bury&Pittman D.F.W..Inc. Nine Village Circle. Suite 500 5310 Harvest Hill Drive, Suite 100 Westlake. Texas 76262 Dallas.Texas 75230 Phone: (817)430-0303 Phone: (214) 991-0011 Fax : (817) 430-8750 Fax : (214)991-0278 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT PLANNED UNIT DEVELOPMENT BOOKLET RECEIVED BY THE-CITY ON 8/28/95 AND THE PROJECT CONCEPT PLAN RECEIVED BY THE CITY ON 10/09/95 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. Show right of way dedication for the future re-alignment of Dove Street. Consult with the City Engineering Staff for the proposed alignment. ). The applicant has requested that the regulations of the underlying zoning district as currently amended in Zoning Ordinance 480,dated September 19, 1989 be used as the basis for the permitted uses in the P.U.D.The City Attorney recommends that the underlying zoning districts as amended over time be the basis for the permitted uses in the P.U.D. . * Please submit a revised set of development regulations prior to the submittal of development plans. * The acreages shown in the Residential Site Data Summary(applicable to the Residential P.U.D.)do not add up to 199.2 and should be corrected. Any other calculations which might be affected should also be corrected. * Denotes Informational Comment cc: Maguire Thomas Partners Bury & Pittman D.F.W.,Inc. The SWA Group, 2211 N. Lamar, Suite 400,Dallas,Texas 75202, Phone: (214)954-0016 G:\WPRREV\95\95-074CP.WPD 7C-17 j i CONCEPT PLAN . SOLANA NON—RESIDENTIAL PLANNED UNIT DEVELOPMENT SOUTHLAKE. TAU ^cps,qlX, TEXAS tf (...., , '"I"" "". '. �?yy fie.: orrwr ,:t / . w. >�YS .Is-• , gc•.t.*•_ APPRO IYATE COUNTY LINE _ to_ �+*se — {" . aA PROr09ED SOLANA IE70EMUL►JJD. Ij/r/ .•`I» .fp I �` 's '•o�i..yy e f` I I tEsbEHTIN.ARTA - IW O K. ``• `� `? Cd•N1N MIN*MICE(I IX) • 21.1 K. ,!� \`�*~ ..�. �i� .+r .�I•lI ... ........... ... DATUM NET MA • leis AC. �•Ia, ..} ti::: v' '::::::: :+ � i LGx TO OE MOW* - ISO K. vI. "•pia y I 5-41-/ • ::'1 NM aws$Mu I•u K. i i _~ Nt +w'`fir/ • • (ILL MrAs ARE/A••ao•J4 so•rl��•.a AlY tr�:1 •• '� I I e ` carruAa w�w+Of w uNrs OSED NUMBER N. IiF-• �e TOTAL M4 . IMJ!K. +FN f• • �...rt w MOWED ODIYIY -Lu O.u./K. • Cutt�� —, ` •• • • -: -}—yip• . PROPOSED W.as mums- 434 % "ice "";or + r • • \ �p. 45'I. slit � tL • et.. t •.is ?;? \ r •.f \ »'••_••_.,.'•s•.'•i+ter g•ir 11. • • • :,....... :.. woo \ t" ,,t4�/i4 /. ' 41,9 : \ • \'Zr`.'tI TTn t327"'"' • •••114.11::,1...•:'2: y / °•• Jo- 1 ,.m.. . . e ...\ k e \ \. a•°•'•in°; ::.« if • 0-- mama)00 Cam•,-R.ESISDE7m"A • •.....\., mimosa,scum 102N-REIDE:TL61 \ Z':" ;Ir::«..'..' r°'O" • •P\_, �"'•�' _ • , • ':•�\, ' ir) K OEDICYm - SA AC. \ \ A . .`•.T.t.••••••~. ' \ V' et (AIL MI•t Alt AROOo•Mlq ` 1. �`:•+''1 `� \ NON—RESIDENTIALts. t ( .r. p • \ \ ....it... t.:# 1t• • .•• -44111> • \ _ • A. •• .• 4... \ ,NI". Mt ropilloe.:,. ..1111111111A • \Ili:\ ,\ `__...� I i ROT I y '� LEGEND \ \\ � . . 0 dt<t . t� I ' MICOMMON THE OPENSPACETF O DEDICATED \\ - ENO.— \•V • j,%ii, p I •`A I COYYON OPEN SPACE TO SE 1WITM ED i•. �� .. ' Iar I 6 BY N.OA OR P.YA \ \ ^ — � O . ® \ \ O0 UAW, '�'�. WE z 2L . ,.•Y. FLOOD MAIN •IIgPWED LD®USE *` • • L.O.D. LAND USE DESIf.NATgN Q\• \ • © •• • • I. •/I,y. YDR. MEDLOW DENSITY R RESIOEL f}� •\ \ \ r , • LaJI. LOCI JUOE RESNEMtN tP �!�J) C.O.E. CORPS Of ENGINEERS SNDY. CS ZONING -COMMUNITY SERVICE �,�f,'�AG ZONING-AGRICULTURALf eJP \• \\ I 1 • ;: �; 1: C2 ZONING-GENERAL COMMERCIAL N . \ I J WI PUO ZING -SINGLE FAMILY RESIDENTIAL PLNINED UNIT DEVELOPMENT . \• • RESIDENTIAL •t• eE"-- •�• \ • ts wwle•« •9• • •• 11 If \ \\ *1\, i+ ' ,• likii s/•7T9. \ \ ionne• so es ar •• , .•.N•~Mt OM s w•••la•�•MY kuemi" \,\ \•\••`y Vita----- tea ---�,,-Y�''� A 1 R''_ ' {7 •!l AI I l I<ION I•W l AIfaintA In rt C. . YMR[RK M III•r wOKOMMOWS 4,•~ •wawYC•l1.I11•.iM InR R.a .� -a iii r FIGURE 7 OMEN M1P-!Y MAK 1 t•JOLNT VDRLIE APPLICANT. MAGAE TNOMAS PARTTERS I MOWED BURY I PITTYAN DF.M_INC. LAM PLANNER THE S•A GROUP NNE VILLAGE CIRCLE NNE VILAGE CIRCLE SS p p HARVEST PAL DIN N.22N LAMAR MES7LJR E TFIIAS 76262 ME3TLAKE.TEXAST'6262 C'-1 O DAtlA4 TEXAS 7S2J0 DALLASAS..lOCAS 75202 p.) 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I BL•069 3.L4,8S.69 S 3n ONYMOHtIf ' 1 Vh W03Ih8£,L4 H TJn4LioNl 18 � ') O`A ;0.3NDZ `i io jN3041oM 9 03SOdO.J 1 O11 -03lNZ rl 5T3TN3Z3 `'N 7^MIPSI' ,'Zr r ,•iI 19 0N0 'Z I 35n 03%al" 9Y91 3Sn :0'MS :9d '3Z6f 3InI13$Us9d 5n oxI" Oin'1 "J'1'Ntl '3S5IhLLj9vdY6aDSL 3nl83DVd YfStI3non rArvZ .U33n1>n 3]N Otl T3LSiN3NLLS3AN MN33Y DOldSd -*SAYN S71J WO-802' ON SOP 9661 999=0 9'6 8- lc 9'6 - - o, SZ I SZ 0 6t,9'OZ o MO co 00 OS OZ LZ c, OZ I 8I 96 W N _ .f 6'lg 0 CD 0 '3'S ��N'OZ LZ'Z8 o tz o 8 s o � 0 0) ,00'68l o 3'S 68Z'9Z ��' - w SZ S.6 9-8 ,5' 6 o (;z ,SZ S l'86 t 00 MC) OS N 3 w t,,8S.68 S ` w 0 ,0t,'08l 3'S 99*'Ztl Zc ,Z-b'06 L M „ t,29.69 N City of Southlake,Texas MEMORANDUM October 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-182, Second Reading ZA 95-83 Rezoning and Concept Plan/Meadow Ridge Estates REQUESTED ACTION: Rezoning and Concept Plan for Meadow Ridge Estates, 37.416 acres of land situated in the John A. Freeman Survey,Abstract No. 529,Tracts 1, 1A, 1C, 1Dand3A The development proposes sixty-two(62) single family residential lots. LOCATION: West side of S. Kimball Ave., adjacent to and East of Woodland Heights Addition, and approximately 900 feet South of East Southlake Blvd. OWNERS: Mike& Ginger Jacobs,Dwaine Petty, and E.R.O. Development Company APPLICANT: Briscoe Clark Company CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: Twenty-one(21) RESPONSES: Originally, sixteen (16) responses received within the 200 feet notification area(9 opposed, 6 in favor, and 1 undecided). Currently,thirteen(13)in favor(7 of the 9 in opposition have rescinded their opposition),two(2)opposed,and one(1)undecided. A super-majority vote will not be required. Opposed: • Howard E. Carr Jr., 311 S. Kimball Avenue, Southlake, Texas 76092, opposed,they should have a minimum of one acre lots and Kimball Ave. is to narrow for the increased traffic. • Larry Faughn, 215 Eastwood Drive, Southlake, Texas 76092, opposed, Smaller lots incompatible with larger lots along Kimball and Woodland Heights,drainage proablem on the eastern portion of Woodland Heights, residential use incompatible with ostrich farm to the South, property values will suffer. 7D-1 Rescinded Opposition,Now in Favor: L, • Janice Miller, 165 S. Kimball Avenue, Southlake, Texas 76092, Previously asked the P & Z to require one-acre lots, "but at this time, I am approving of one-half acre lots." • Dennis Minder, 223 Eastwood Drive, Southlake, Texas 76092, They "support the request for rezoning" and understand that trees will be planted adjacent to Woodland Heights;they request a corral board-type fence on the West;the developer will grade Lots 13, 14, 15, & 16 so that water does not stand and improve the surface runoff; they would have preferred the lots to gradually decrease in size from one-acre on the West, then 3/4 acre,and then 1/2 acre;and they want it noted on the recond that the Woodland Heights residents have animals. • George Thayer, 217 Eastwood Drive, Southlake, Texas 76092, "I want to express my approval of the plans" and ask that the City Council maintain as much of our semi-rural atmosphere as possible. • Michael and Dona Schroetke, 211 Eastwood Drive, Southlake, Texas 76092, "supportive of this development under the following conditions:" 9/27/95 letter to Woodland Heights homeowners from James P. Briscoe be attached to the Developer Agreement, would like an additional lot be removed from the second tier of lots, North of the main road, wants a screening and landscaping plan(showing the entrance and type of fence proposed along South Kimball Ave.)to be submitted prior to approval. (11., • Carlos Dorris, 213 Eastwood Drive, Southlake, Texas 76092, "We support this zoning request and ask the city council to approve." They have received assuances from Mr. Briscoe that they will not have any drainage problems with the development. • George and Corrine Tuttle, 219 Eastwood Drive, Southlake, Texas 76092,They "would like to go on record as approving the new concept plan for Meadow Ridge Estaes that reduces the density to 58 lots." They have been assured that the developers will work to solve or substantially control any drainage problem on our adjacent boundary line. • John Logan, 221 Eastwood, Southlake, Texas 76092, Given the changes agreed to at the P & Z meeting on 9/7/95 and meeting with the developers, "I would like to go on record as being in support of this request." In Favor from the Beginning: • Darrell G. Faglie, 505 S. Kimball Avenue, Southlake, Texas 76092, in favor, "I believe that 'SF-20A' is appropriate zoning for this piece of property." (letter received 09-07-95) • Gary A. Fox, 4302 Heritage Avenue, Grapevine, Texas 76051, in favor (letter received 09-07-95) • Teresa Jane Thompson, 510 Azalea Drive, Grapevine, Texas 76051,in favor(letter received 09-07-95) • Jerry and Mary Forbus, 595 S. Kimball Avenue, Southlake, Texas 76092, in favor, if the developer would do the following: provide a green belt between Kimball Avenue and the fence line of residential property,have 7D-2 bigger lots,and build a masonry and iron fence along the property line on Kimball Ave. (letter received 09-07-95) • Gerald Thompson, 1227 Terrace Drive, Grapevine, Texas 76051, in favor, "I think the above zoning is the best use of the land." (letter received 09-07-95) • Jack S. Petty, 616 S. Kimball Avenue, Southlake, Texas 76092, in favor, if developer builds a separation wall between this development and his ostrich farm to the south. (letter received 09-07-95) Undecided: • Sally Ezell, 280 S. Kimball Avenue, Southlake, Texas 76092,undecided, "Our west view is of Walmart and any future businesses. We want to sell our land for commercial use and are concerned of neighbors' opposition should a development begin just down the street." (letter received 09-05- 95) P &Z ACTION: September 7, 1995;Approved(4-2-1)ZA95-83,Rezoning and Concept Plan for Meadow Ridge Estates subject to Plan Review Summary No. 1 dated September 1, 1995 with the following requirements: • Minimum one-acre lots shall be required along the western boundary of the property. • One lot shall be deleted from the tier of lots to the East of the one-acre lots on the western boundary, and the difference shall be evenly distributed among the remaining lots. • A six-foot(6') screening fence shall be placed by the builders along the west and south boundary line. (by deed restriction) • A six-foot (6') masonry fence (possibly combined with wrought-iron) ' shall be placed by the developer along the east boundary line. • The minimum living area shall be 2,200 square feet. (by deed restriction) Commissioners Johnson and Potter offered concern over the noncompliance with the Land Use Plan and Commissioner Potter additionally offered concern regarding the impact of the Airport Overlay Zone and the type of screening on the South, adjacent to the ostrich farm. COUNCIL ACTION: September 19, 1995; Approved to Table (5-0) ZA95-83, Rezoning and Concept Plan for Meadow Ridge Estates until the October 3, 1995 City Council Meeting per the applicant's request. October 3, 1995; Approved (5-1) First Reading of Ordinance No. 480-182, ZA95-83,Rezoning and Concept Plan for Meadow Ridge Estates subject to Plan Review Summary No. 3 dated September 29, 1995; deleting items#1 (a 35' building setback line is required on both street frontages for a corner lot)and#2 (street stubs to the north and west lines of the project). ( )TAFF COMMENTS: The applicant has met all the review comments of the Plan Review Summary No. 2 dated September 15, 1995 with the exception of the items addressed in the Plan Review Summary No. 3 dated September 29, 1995. .�/Q� 7D-3 1—J----!„ ►�... . 1 ,.s, s.«, II i rii_ • I :: 1-.. :1 I'I*III i '�1-,�1+;',t 1-‘.1 v' ,�, , ,. .Y L K al i MTC) Ik 1 IC lA 7D 1R 7f LX X 1 1 1T TT 1 �" JY �RRo PC Rou.IED I x, ❑ ' HOOL Ate'% �,��\', 7a 7,'' Q� sA, x, /� IMA ♦• � I,J b j' �-� en 502 Ac S02A y� 102 L o as 2A�., Jim lam",t , IC sole_ )o7e> • i - • -- `•.../l, I 2A3 IOL an Act G`'r1' �� E01 A< I` JN, 1 S ��SC1g��r_.L ',. ' �I- l7y .ice-_--, ' rj 1 �,/ /, I�ICH'/'g7,'RD .C A®S sA �,, ��'"�" sne v • r. •` r S>wAifr w-aAl , l� �- j I Sk31 • !1 Prill�'•� ' s 4 OA .9 f �' ......44., / u y"A S_i �r sA� iot t c (AID')'F " --- do �� • <- / THO QS-MAHA tM. Q 2e1 . . 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IA ..R0 „� a AV- TRACT MAP M� 1 3 7 1 r' 1 4• .3.01 AC ij- IA'le: ' !�,I �, :A7 7D-4 )I 3©.0. He0OO Mn Qlt®,\_ 4.4000°*"°*" —— I j"\ fli J-'-- ' ' . 25 J b , Q ; ,J lic 0 , , 2E J J C 1B1Q m "B-1" __ "SF-1" 2 Y "AG" Greenway "B-i" J. Ezell J. Miller Investments D. Matise v) M. Zembrod "AG" ' A ' "SF-1"- •i: 1 C ; es :: r .— -"SF-1" 1 ' ��SF_l�r L. Faughn T. Thompson "SF-1" r i • Vance G. Thompson . • C"SF-1"I _. 3A :�V \- "SF-1" "SF-1" � G. Tuttle ❑ ki IC. Johnson Lc "SF-1" — J. Logan "SF-1"(f) ( J. Forbus D. Minder Ir J. Petty "AG" "SF-1" J /R. Koonce 3D D. Faglie 1 � ,�SF-1 3 3B "AG" ' ' _ . 1-4 6A 6G 4A1 - - �- - - 6H r ! 4A4. , 1 JI F V f r i i . 1'r f� . 1�' CL ADJACENT OWNERS AND ZONING 7D-5 (//// CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-182 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 37.416 • ACRES OF LAND SITUATED IN THE JOHN A. FREEMAN SURVEY,ABS TRACT NO. 529, IRACTS 1, 1A, 1C, 1D AND 3A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURE DISTRICT 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; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; (re PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a rule City acting under its Charter adopted y the electorate pursuant to Article ction 5 of the Texas Constitution and Chapter 9 of the Te as Local Government C , d, 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" Agriculture District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these G:\ORD\CASES\480.182.2RD Page 1 7D-6 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, L G:\ORD\CASES\480-182.2RD Page 2 7D-7 (re 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 37.416 acre tract of land situated in the John A. Freeman Survey, Abstract No. 529,Tracts 1, 1A, 1C, 1D and 3A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein,from "AG" Agriculture District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "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. G:\O R D\CASES\480.182.2 RD Page 3 7D-8 (61., 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. (hre MAYOR ATTEST: CITY SECRETARY CP' G:\ORD\CASES\480-182.2RD Page 4 7D-9 PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C G:\ORD\CASES\480-182.2RD Page 5 7D-10 (Ihr• EXHIBIT "A" PROPERTY DESCRIPTION / BEING oll that certain tract. parcel, or lot of land located in the JO'HN A. FREEMAN. SURVEY, Abstract No. 259. Tarrant County. Texas, and more particularly described os follows BEGINNING at o 3/8" steel rod found in the west right-of-way line of South Kimball Avenue for the northeast corner of the herein described tract some being the southeast corner of a tract of land conveyed to John R. Ezell and wife Sally N. Ezell in Volume 7651. Page 864. D.R.T.C.T.: THENCE S 0026'46- E. 399.81 feet along said right-of-way to 'a 5/8" steel rod found; THENCE S 0022'12- E. along said right-of-way at 182.69 feet passing o 1/2" steel rod with a plastic cop stomped "MOAK SURV. INC." set, in all 489.67 feet to a 3/8" steel rod found: THENCE S 00-01'05" E. 333.96 feet along.said right-of-way to a 1/2- steel rod with o plastic cap stomped `MOAK SURV. INC.- set for the southeast corner of the herein described tract some being the northeast corner of a tract of land conveyed to Jock"Souders Petty in Volume 6364. Page 431, D.R.T.C.T.; THENCE S 8913'21" W. 1319.44 feet to a 1/4- steel rod found in the east line of (or Woodland Heights Addition as described in Volume 388-212. Page 56. P.R.T.C.T.; THENCE N 00'07'00- W. 463.71 feet along said east line to'a 3/8"' steel rod found; THENCE N 0022'49- W. along the aforesaid east line at 190.77 feet passing a 1/2" steel rod with a plastic cap stomped "MOAK SURV, INC.- set, in all 781.75 feet to g 1/2" steel rod found some being the southwest corner of a troct of land conveyed to Donald R. Botik in Volume 7791. Page 1717, D.R.T.C.T.; THENCE S 89'58'41- E. 590.18 feet along the south line of said Botik tract to a 5/8" steel rod found some being the southeast corner of the aforesaid Botik tract and the southwest corner of a tract of land conveyed to Don V. Motise in Volume 7609. Page 419. D.R.T.C.T.; THENCE S 89'41.38- E. 723.90 feet along the south line of said Motise tract to the POINT OF BEGINNING, containing 37.416 Acres (1.629.863 square feet) of land, more or less. • G:\ORD\CAS ES\480.182.2RD Page 6 7D-11 : f' ks ; is sty • t; ' i $- .f • ' .• Ell @ Zit 1 ti 'it[ i. : ,,! : : I. .1- I7 y •:t ie i !1 t .7t ti• lt t- < V k W V n r w t , :•�: z ; !( i }F(� iFt[ is :n tn : � �7e �.L � :g e ii}(; 1�! 1 iYil:t t if 7{'! is 4 W 6 •2.'3 • a.432. Z tya £ 14ti3� : r' . .,t t;i i Flit :j F t1 ' cif' F" W W a z.. ; 3'� ; t C : 5 � ..i a1 t t "fr Ili!:' t, t it i}{' i• i II pi. 7l 4;c-u„y j toio $`3 �a re n ti'r': „! i f.F a it ;, , '' i[ W• ` < t' k" 5 #;`: ti Ittga 4U Ili ►::. ! . 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' - s ..! a• ,---1- t aE r=•':f s 'Si'. rt illi '• .. . .. i.': ':ems.. s .. _rv...Ogrrt' 0. • •n 1'''••••••s..s yt, . . • J —• ip ,,� 7 Se , .' w._- .7 • .t.t- I F EI1= i 111111 g -!a• ..e. _. -, - •- .' ...::1 .....t a -..'nn.r• 4.. w.. ..11.11 .0•--.. 3 7 !II_ Li .& 'i -; • .R� l:.a- J/j / s="k' •i -E.—*. ! si Y -!_[c3 ettt iii ,.._i_.. L, ......--:.•. -. . -........... *--. • I 7• _ i0 . •,'O- _ ..r ..a. .4 :,;..:.... w. :WI! .� w --— a— • 9 !III!! 0 i 0 . ...-. •:••lk•• ....... .� Y m ... o. • P _. .Y. ( _. _ _ — -its e:.. :.:.�.-..1...........•. f i • :;;» I \ ' !_(- •..1. .. .!I¢.. .._. .`. .. si...l. . .`sil...I•_--••ft}i.•I' - '_.SISI �9' :giE\• z I ''''' III '=;. I t-, I 'i__ _ :T- o[` i, - I 7D-12 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 95-83 Review No: Three Date of Review:9/29/95 Project Name: Concept Plan For SF-20A Zoning.Meadow Ridge Estates.62 Lots.37.416 Acres in the John A. Freeman Survey Abst. #529 APPLICANT: ENGINEER: Briscoe Clark Washington&Associates.Inc. 8300 Douglas Avenue, Suite 800 500 Grapevine Hwy.. Suite 375 Dallas. Texas 75225 Hurst.•Texas 76054 Phone: (214) 706-9190 Phone: (817)485-0707 Fax : (214) 692-0250 Fax : (817)485-4106 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/22/95 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. A 35' building setback line is required on both street frontages for a corner lot. The applicant has request a reduction to the standard side yard requirement of 15' (15' B.L.) for "Back to Back" Lots. 2. Ordinance requires street stubs into the north, west and south lines; However, due to the probable office/commercial use to the north, and the existing Residential Use to the west, the most feasible location of a street stub appears to be into the south line of the project. The applicant has provided a street stub into the south line of the project. 3. Although Concept Plans-do not require right of way dedications, South Kimball Avenue will require a right of way dedication which would provide a full 70'of right of way from the existing west line of Meadow Oaks Subdivision as recorded in Volume 388-129,Page 39, P.R.T.C.T. . * If any proposed screening and/or landscaping are to be provided,staff recommends that the applicant designate a common area,net of lot area,for its location. * Denotes Informational Comment cc: Briscoe Clark Washington&Associates,Inc. . Mike&Ginger Jacobs, 15851 Dallas Parkway, Suite 240,Dallas, Texas 75248 E.R.O. Development Co.,Inc., 1309 E. Grauwyler,Irving,Texas 75061 Dwain Petty, 610 S. Kimball Road, Southlake, Texas 76092 :\WPF\REV\95\95-083CP.WPD 7D-13 w.a;IX (.... , . ` ::. I =_ I Ea , \ �;bt w.""..�. .i...- �. ..... — .— •oopY00'1► ...-i53.71• C I /N OOZYV-w,s .�et.7s', : .. ...n: • Q ` e"` .-.'. ...• , ... -.e :_ . x • a • If • •ri —Iiiilt a ., . . . '•5 < .. .„y {Jw« .. +13‘ i O. » am 1•s-rrrr:14,2kf,.,i. 171.1/i.. w« ., .ems..1 .,.r... ,.... r� :— ■r *o — .G+'._ ii ^ i Z qq 4. • r••iL '1_' f .t. 171... .1.. L '- Y {.. 12 Fi + 1.e :R711 IT ' N w.r ,+Ir .. v - ..w w4 7rr. • •!-•:-; •_..... �� g 6qq6 1 { ��tt t in c 77 'j. Itiia � i t' 1 j �i ---� 1.- -•—.—�_a'-. - �li1Sk9R � f'Er•'•..1,/', - .•,«.r ... 'n-'ir n. 4•,qv -''.«. — • .... .-- • 1F '.2s'•f"is --ta .fc...fa.Iepf ; a Ii••11�1s i•Ia 01-1 . - i; !i • .,,,,,i...1...... =u I4 ..�. iwa ' mos . lour w.w• nail «.a ncv •.s.i-s o .....-w• • _ 'c •. 'Y •��_ o r. (...„ , 1-. --/- ' K•O+ K--— ;0.-7 S..i•IT•id T.,0 c:• .e •■- - if- =-• a:f@t S 00•01 C5:C 33114' f 11 • S 002212t : 161.6Y s 00•M'K'E s! 399.61. ..._ '—. Ft[a S T I— 3O0M' QC�'7NENOC— S F!S _ __ .•-•... . >ilf �t;it 1 ri_ kf .,, �;_ $� :l� 15, e �� ;t la a x • /116;111114_ KAMMwCCi11I wcrIM••. nau. .w.M:1ae n.11 � i_I (ram wOj t ■ y G en e . to Ci � - G €. .r b et bs yy 1I ` Ili < ,flail 1 1 i �y `C A O n f K ;{'}!!{ "2 !Ili}is 94 ;i!lICi C si 111111 Pi '9I wi c,1>.;11 4 12 II!J oN c n O b I[ I � �~= do Za��a 07 '^! I!04 A 3i 4 y y L, b tl(....„ �� yr• a ':zit: II .111 1f 1 ;:; ?.:t3 y y IT �l • .i;_ _ :fir l;t=t •t � t ;� t i} t FFli i it I !i"a= .. a RF -i3� ; a E,'i! tar..! Pi it t . is$t = I} :I =- ;I = i . 7D-14 City of South lake,Texas MEMORANDUM October 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-185,First Reading ZA 95-98, Rezoning Request REQUESTED ACTION: Rezoning for 9.857 acres of land situated in the Thomas Beedy Survey, Abstract No. 72,Tract 2A2 LOCATION: 1835 N. Peytonville Ave. (on the east side), approximately 2100 feet South of West Dove Road OWNERS/APPLICANTS: Carleo and Regina Capili CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Ten(10) RESPONSES: No written responses received. P &Z ACTION: October 5, 1995; Approved (6-0) ZA95-98, Rezoning from "AG" Agricultural District to "SF-1A" Single Family Residential District. STAFF COMMENTS: A two-lot plat showing has been submitted for this property. Staff understands that the Applicants plan to construct a new home on the larger lot and will continue to lease the existing home on the other lot. 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CITY OF SOUTHLAKE, TEXAS ORDINANCE NO,480-185 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 BEINGO1V r A, °.sr-, 4 4 `' C ( 1r 1'7, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" s 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 " _fe®, 7 ;; der 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\CASES1480.185.1 RD Page 1 8A-4 Li 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, L G:\ORD\CAS ES\480-185.1 RD Page 2 8A-5 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 acre tract of land situated in the�t� g� `' 710racat , and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from� r y `a .. � 'r ., .... .. .i 71 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; Lto 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. C G:\ORD\CASES\480-185.l RD Page 3 8A-6 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 Cite 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 Southiake. 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 L G:\ORD\CASES\480-185.I RD Page 4 8A-7 PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L G:\ORD\CAS ES\480-185.1 RD Page 5 8A-8 EXHIBIT "A" (Ipe BEGINNING at a found 5/8" doll rod in the East line of N. Peytonville Avenue. said iron rod being by deed call North. 306.16 feet and East, 26.50 feet from the Southwest corner of the above mentioned T. Beedy Survey; THENCE North along the East line of N. Peytonville Avenue, a distance of 232.70 feet to a found 1/2" Iron rod; THENCE East, departing the East line of N. Peytonville Avenue, a distance of 1845.27 feet to a found 5/8" iron rod; THENCE South. a distance of 232.70 feet to a found 1/2"Iron rod; THENCE West. a distance of 1845.27 feet to the POINT OF BEGINNING and containing 9.857 • acres of land. Co' G:\ORD\CAS ES\480-185.1 RD Page 6 8A-9 City of Southlake,Texas MEMORANDUM October 10, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: First Reading, Ordinance No. 480-Q Neighborhood Preservation Ordinance Draft No. 9b Attached is the Neighborhood Preservation Ordinance(Ordinance No.480-Q), as recommended by the Planning and Zoning Commission with an affirmative vote of(7-0), that will be forwarded to City Council for consideration on the October 17 City Council meeting agenda. The purpose of this revision is to preserve and protect existing and planned residential neighborhoods within the City from the possible adverse impact of business and commercial uses developing adjacent to the neighborhoods. Adoption of this revision would establish special neighborhood preservation development regulations such that non-single family development is compatible and complementary with adjoining single family residential properties. These regulations are in addition to those in the underlying zoning district for the non-single family residential use. Following is an executive summary of the proposed regulations: • APPLICABILITY: All non-single family residential properties which adjoin or are wi 'n 400' of single family residential property(known as the control distance). • MASONRY REQUIREMENTS: All structures shall have an exterior finish of brick or natural stone covering a minimum of eighty percent(80%)of the area of each facade, excluding doors and windows. • HEIGHT: All structures shall not exceed the maximum height permitted in the"SF-1A" Single Family Residential District. • EXTERIOR LIGHTING: The exterior lighting shall operate in such a manner as to ensure that lighting patterns are directed onto the non-single family residential property and do not directly project onto adjacent single family residential property. • TRASH RECEPTACLES: No trash receptacles shall be allowed within fifty feet (50') of single family residential property. All structures under this section shall construct masonry screening walls around all trash receptacles. Screening walls shall be four-sided with a gate and (47 shall be a minimum height of eight feet(8'). ---- 8B-1 City of South lake,Texas • PERFORMANCE STANDARDS: • Developments shall ensure that the disposal of and collection of solid waste,trash and other refuse into trash receptacles or dumpsters does not occur between the hours of 10:00 p.m. and 7:00 a.m. • Developments shall ensure that deliveries made by vehicles exceeding 10,000 pounds gross vehicle weight(G.V.W.) shall not be received nor dispatched between the hours of 10:00 p.m. and 7:00 a.m. • ROOF REQUIREMENTS: The roof systems of all structures shall be of the same type(e.g., gable,hip, shed)and the same pitch(e.g.,6:12, 8:12, 10:12),and clad of the same materials that are found on the majority of single family residential properties lying within the control distance. • If the roof system exceeds the maximum permitted height, a mansard roof system may be utilized if it is enclosed on all sides and that the pitch, height and cladding of tiie mansard roof is compatible with the roof systems on the majority of single family residential properties within the control distance. • Insufficient Comparisons Available: The roof systems of all structures shall be gable or hip with 6:12 minimum pitch and clad with composition shingles,slate or a man-made slate-like product. If the roof system exceeds the maximum permitted height, a mansard roof system (enclosed on all sides)may be utilized provided that the mansard roof have a pitch between 6:12 and 10:12, a minimum height of twenty-five feet (25') and is clad with composition shingles, slate or a man-made slate-like product. • LOCATION: If the structure to be regulated is located on the same street as single family residential property and if single family residential property is within the control distance, the following shall be required: • Front and Side Yards: The regulated structure shall have front and side yards equivalent to the front and side yards required for the single family residential property, but not less than the front and side yards as required by the underlying zoning district of the regulated structure. • Parking Limitations: If the regulated structure is oriented the same as the single family residential property,no v ' ar arkin shall be • ' the 'eh com rises the front yard of the non-si gle family residential structure. • Display of Merchandise: If the regulated structure is oriented the same as the single family residential property,the regulated structure shall not display sales merchandise in windows visible from single family residential properties. CZ (7 • Window and Door Requirements: All structures shall have window (e.g., single-hung, double-hung,casement,awning...)and door(e.g.,flush,paneled,french...)structures similar -- 8B-2 City of Southlake,Texas to those that are found on the majority of single family residential property lying within the control distance. • Insufficient Comparisons Available: The window structures shall be single-hung, double-hung, casement or awning,and door structures shall be flush,paneled or french. • MECHANICAL EQUIPMENT SCREENING: All buildings must be designed such that no roof-mounted mechanical equipment (HVAC, etc.) or satellite dishes in excess of eighteen inches (18") shall be visible (as defined herein). Ground-mounted mechanical equipment and satellite dishes in excess of eighteen inches (18") shall be screened by a wooden or masonry fence or by landscaping material to a height one foot higher than the object being screened. • VARIANCES AND APPEALS: At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the neighborhood preservation development regulations if the applicant can meet certain criteria. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. If a variance application is denied by the City Council,no other variance of like kind`relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six(6) months subsequent to the denial. • CONFLICTING REGULATIONS: The neighborhood preservation development standards shall supersede any other provision established by the zoning ordinance or other ordinances, except that when conflicting requirements are found,the more stringent requirements shall apply. However, the following exception shall apply: Corridor Overlay Zone requirements found in Section 43 shall take precedence if there are conflicting standards with these regulations. On September 29, 1995, Staff forwarded a copy of Draft 9 to one-hundred-forty-two (142)people previously on the corridor mailing list and asked that they submit any comments to us by October 9, 1995. To date, we have received only one response. June Haney asked that the lighting requirements in the Neighborhood Ordinance be as stringent as those requirements in the Corridor Overlay Zone. If you have any questions pertaining to the proposed ordinance, feel free to contact me at extension 743. kat KPG L____ 8B-3 DRAFT 9b (by October 10, 1995 1 ORDINANCE NO. 480-Q 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS 4 AMENDED,THE COMPREHENSIVE ZONING ORDINANCE 5 OF THE CITY OF SOUTHLAKE, TEXAS, CREATING 6 NEIGHBORHOOD PRESERVATION SPECIAL 7 DEVELOPMENT REGULATIONS FOR NONRESIDENTIAL 8 DEVELOPMENTS WITHIN CERTAIN ZONING DISTRICTS; 9 PROVIDING THAT THIS ORDINANCE SHALL BE 10 CUMULATIVE OF ALL ORDINANCES; PROVIDING A 11 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY 12 FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS 13 CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET 14 FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL 15 NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. _ 16 17 WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter 18 adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 19 9 of the Local Government Code; and ap WHEREAS,the City of Southlake has heretofore adopted Ordinance No. 480,as amended, as the zoning ordinance of the city; and 23 24 WHEREAS,the City of Southlake has historically developed as a residential community 25 which is particularly suited for the development of a quality residential lifestyle which is separated 26 from non-residential developments which might adversely impact said residential neighborhoods; 27 and 28 29 WHEREAS,several existing and planned residential neighborhoods are located adjacent to 30 properties which are developing or will be developed for business and commercial use; and 31 32 WHEREAS, the city council of the City of Southlake recognizes the vital importance of 33 residential neighborhoods and the need to preserve and protect residential neighborhoods from the 34 adverse effects of adjoining non-single family residential uses; and 35 36 WHEREAS,the city council desires to protect and enhance the attractiveness of the city to 37 visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient 38 growth and development of the city; to preserve property and property values; and to maintain a 39 generally harmonious outward appearance of both single family residential and non-single family 40 residential structures which are compatible and complementary; and 41 G:IORDWEIGHBOR I DFl9B.CLN 8B-4 DRAFT 9b October 10, 1995 1 WHEREAS,the city council desires to adopt this ordinance for the purpose of preserving 2 and protecting the quality of residential life of existing and future residential neighborhoods by 3 adopting reasonable regulations that will promote non-residential development that is compatible 4 and complementary with adjoining single family residential properties. 5 6 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 7 OF SOUTHLAKE,TEXAS: 8 9 SECTION 1. 10 11 Ordinance No. 480,as amended, is hereby amended by adding new sections 8.6, 16.6, 17.6, 12 18.6, 19.4,20.6,21.6,22.6,23.6,24.6, 25.6, 26.6,27.6,28.6, 29.6, 30.6,31.4 and 32.4 respectively, 13 and by renumbering the remaining sections accordingly: 14 15 "ADDITIONAL DEVELOPMENT REGULATIONS FOR PROPERTIES LYING 16 WITHIN FOUR HUNDRED FEET(400') OF SINGLE FAMILY RESIDENTIAL 17 PROPERTY"- In addition to the development regulations applicable to this district, 18 the development regulations established in Section 37 of the Zoning Ordinance No. 19 480, as amended, shall also apply. zn Ordinance No.480,as amended,is hereby amended by adding new Section 37, as follows: 23 SECTION 37 24 NEIGHBORHOOD PRESERVATION DEVELOPMENT REGULATIONS 25 26 37.1 PURPOSE AND INTENT - In order to preserve and protect significant 27 architectural and cultural attributes of the City of Southlake, the City has 28 determined that it is necessary and appropriate to adopt specialized 29 regulations to prevent any detrimental impact from the location of non-single 30 family residential uses in proximity to single family residential uses. 31 32 It is the intent of this Section that the development standards set forth herein 33 shall supersede any other provision established by this ordinance or other 34 ordinances, except that when conflicting requirements are found, the more. 35 stringent requirements shall apply. However,the following exception shall 36 apply: Corridor Overlay Zone requirements found in Section 43 shall take 37 precedence if there are conflicting standards in this section. 38 39 37.2 DEFINITIONS-The following definitions shall be applicable to this section. 40 41 Architectural Attributes: Means those physical features of buildings and structures that are generally identified and described as being important PAGE 2 G:IORDWEIGHBORIDFI➢B.CLN 8B-5 DRAFT 9b October 10, 1995 1 products of human thought and action characteristic of a population or 2 community. 3 4 Cultural Attributes. Means all of those physical features of an area that, 5 either independently or by virtue of their interrelationship, are generally 6 identified and described as being important products of human thought and 7 action characteristic of a population or community. Accordingly, the term 8 "cultural attributes"necessarily includes"architectural attributes"as that term 9 is defined in this section. The term "cultural attributes" does not refer to the 10 characteristics or beliefs of people who may reside in or frequent a particular 11 area. 12 13 Single Family Residential Property: Means any lot or tract of land upon 14 which a single family residential home exists or any lot or tract of land with 15 single family residential zoning or any lot or tract of land designated as low 16 or medium density residential on the Land Use Plan. 17 18 Under Construction: Means that a valid building permit has been issued by 19 the City for construction of a single family residential dwelling. ?n Visible: Means that the object(s) being screened can be seen from any elevation equal to the grade which is defined as the lowest point of elevation 23 of the finished surface of the ground,paving or sidewalk when measured on 24 a line five feet(5') from the building. 25 26 37.3 DEVELOPMENT REGULATIONS: In addition to the development 27 regulations applicable to the underlying district, the following additional 28 development regulations shall apply to all developing properties lying within 29 four hundred feet(400')of single family residential property measured from 30 the property line of the non-single family residential use, hereinafter known 31 as the "control distance." 32 33 1. Exterior Finish: All structures shall have an exterior finish of brick or 34 natural stone covering a minimum of eighty percent(80%)of the area 35 of each facade, excluding doors and windows. 36 37 2. Maximum Height: All structures shall not exceed the maximum height 38 permitted in the "SF-1A" Single Family Residential District. 39 40 41 (ise PAGE 3 G:IORDWEIGHBORIDFT9B.CLN 8B-6 DRAFT 9b October 10, 1995 1 3. Exterior Lighting: The exterior lighting shall operate in such a manner 2 as to ensure that lighting patterns are directed onto the non-single family 3 residential property and do not directly project onto adjacent single 4 family residential property. 5 6 4. Trash Receptacles: No trash receptacles shall be allowed within fifty 7 feet(50')of single family residential property. All structures under this 8 section shall construct masonry screening walls around all trash 9 receptacles. Screening walls shall be four-sided with an opaque gate and 10 shall be a minimum height of eight feet(8'). 11 12 5. Performance Standards: 13 14 a. Waste Collection and Disposal: Developments shall ensure that,,the 15 disposal of and collection of solid waste,trash and other refuse into 16 trash receptacles or dumpsters does not occur between the hours of 17 10:00 p.m. and 7:00 a.m. 18 19 b. Deliveries: Developments shall ensure that deliveries made by ?0 vehicles exceeding 10,000 pounds gross vehicle weight(G.V.W.) shall not be received nor dispatched between the hours of 10:00 p.m. and 7:00 a.m. 23 24 6. Roof Requirements: The roof systems of all structures shall be of the 25 same type (e.g., gable, hip, shed) and the same pitch (e.g., 6:12, 8:12, 26 10:12), and clad of the same materials that are found on the majority of 27 single family residential properties lying within the control distance. 28 In the event that such a roof system would cause the height of the 29 structure to exceed the maximum height as permitted, a mansard roof 30 system may be utilized provided that the mansard roof is enclosed on all 31 sides and that the pitch, height and cladding of the mansard roof is 32 compatible with the roof systems on the majority of single family 33 residential properties within the control distance. On single-story 34 structures,the highest point of the mansard roof(using the measurement 35 method established by the currently adopted Uniform Building Code) 36 shall meet the height of the majority of single-story single family 37 dwellings within the control distance. On multiple story structures,the 38 highest point of the mansard roof (using the measurement method 39 established by the currently adopted Uniform Building Code)shall meet 40 the height of the majority of multiple story single family dwellings 41 within the control distance. C PAGE 4 G:IORDWEIGHBORIDFT9B.CLN 8B-7 DRAFT 9b October 10, 1995 1 a. Insufficient Comparisons Available: In the event that single family 2 residential property within the control distance contains fewer than 3 three (3) residences existing or under construction or in the event 4 that there is no majority of style of single family residential 5 property within the control distance, the roof systems of all 6 structures subject to this regulation shall be gable or hip with 6:12 7 minimum pitch and clad with composition shingles,slate or a man- 8 made slate-like product. In the event that such a roof system 9 would cause the height of the structure to exceed the maximum 10 height as permitted, a mansard roof system(enclosed on all sides) 11 may be utilized provided that the mansard roof have a pitch 12 between 6:12 and 10:12,a minimum height of twenty-five feet(25') 13 and is clad with composition shingles, slate or a man-made slate- 14 like product. 15 16 7. Location: If the structure to be regulated is located on the same street 17 as single family residential property and if single family residential 18 property is within the control distance,the following shall be required: 19 /f) a. Front and Side Yards: The regulated structure shall have front and side yards equivalent to the front and side yards required for the single family residential property, but not less than the front and 23 side yards as required by the underlying zoning district of the 24 regulated structure. 25 26 b. Parking Limitations: If the regulated structure is oriented the same 27 as the single family residential property,no vehicular parking shall 28 be permitted in the area which comprises the front yard of the non- 29 single family residential structure. 30 31 c. Display of Merchandise: If the regulated structure is oriented the 32 same as the single family residential property, the regulated 33 structure shall not display sales merchandise in windows visible 34 from single family residential properties. 35 36 d. Window and Door Requirements: All structures shall have 37 window(e.g., single-hung, double-hung, casement, awning...)and 38 door(e.g.,flush,paneled, french...) structures similar to those that 39 are found on the majority of single family residential property lying 40 within the control distance. 41 PAGE 5 G:IORDINEIGHBORIDFI'9B.CLN 8B-8 DRAFT 9b October 10, 1995 1 1. Insufficient Comparisons Available: In the event that single 2 family residential property within the control distance 3 contains fewer than three (3) residences existing or under 4 construction or in the event that there is no majority of style of 5 single family property within the control distance, window 6 structures shall be single-hung, double-hung, casement or 7 awning,and door structures shall be flush, paneled or french. 8 9 8. Mechanical Equipment Screening: All buildings must be designed such 10 that no roof-mounted mechanical equipment(HVAC, etc.) or satellite 11 dishes in excess of eighteen inches (18") shall be visible (as defined 12 herein). Ground-mounted mechanical equipment and satellite dishes in 13 excess of eighteen inches (18") shall be screened by a wooden or 14 masonry fence or by landscaping material to a height one foot higher 15 than the object being screened. 16 17 37.4 VARIANCES AND APPEALS: At the time of review of any required 18 Concept Plan or Site Plan, the City Council may grant variances to the 19 development regulations set forth in this Section. 1. To receive a variance,the applicant must demonstrate the following: • 23 (a) A variance will reduce the impact of the project on surrounding 24 residential properties; 25 26 (b) Compliance with this ordinance would impair the architectural 27 design or creativity of the project; 28 29 (c) A variance is necessary to assure compatibility with surrounding 30 developed properties; or 31 32 (d) The proposed construction is an addition to an existing project that 33 does not meet the requirements of this ordinance. 34 35 2. The City Council may grant a variance by an affirmative vote of a 36 majority of the City Council members present and voting on the matter. 37 In order to grant a variance, the City Council must determine that a 38 literal enforcement of the regulations will create an unnecessary 39 hardship or a practical difficulty for the applicant; that the situation 40 causing the unnecessary hardship or practical difficulty is unique to the 41 affected property; that the variance will not injure and will be wholly (hoe compatible with the use and permitted development of adjacent PAGE 6 G:IORDWEIGHBORIDFTDB.CLN 8B-9 DRAFT 9b (hoy October 10, 1995 1 properties; and that the granting of the variance will be in harmony with 2 the spirit and purpose of this ordinance. 3 4 3. If a variance application is denied by the City Council,no other variance 5 of like kind relating to the same project or proposed project shall be 6 considered or acted upon by the City Council for a period of six (6) 7 months subsequent to the denial. 8 9 SECTION 2. 10 11 This ordinance shall be cumulative or all provisions of ordinances of the City of Southlake, 12 Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such 13 ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 14 15 SECTION 3. _ 16 17 It is hereby declared to be the intention of the City Council that the phrases, clauses, 18 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, 19 sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid in 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 23 of any such unconstitutional phrase, clause, sentence,paragraph or section. 24 25 SECTION 4. 26 27 Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply 28 with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more 29 than Two Thousand Dollars($2,000.00)for each offense. Each day that a violation if permitted to 30 exist shall constitute a separate offense. 31 32 SECTION 5. 33 34 All rights and remedies of the City of Southlake are expressly saved as to any and all 35 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting 36 zoning which have accrued at the time of the effective date of this ordinance;and,as to such accrued 37 violations and all pending litigation,both civil and criminal,whether pending in court or not,under 38 such ordinances, same shall not be affected by this ordinance but may be prosecuted until final 39 disposition by the courts. 40 41 co, PAGE 7 G:IORDINEIGHBORIDF79B.CLN 8B-10 DRAFT 9b October 10, 1995 1 SECTION 6. 2 3 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance 4 in book or pamphlet form for general distribution among the public,and the operative provisions of 5 this ordinance as so published shall be admissible in evidence in all courts without further proof than 6 the production thereof. 7 8 SECTION 7. 9 10 The City Secretary of the City of Southlake is hereby directed to publish the proposed 11 ordinance or its caption and penalty together with a notice setting out the time and place for a public 12 hearing thereon at least ten (10) days before the second reading of this ordinance, and if this 13 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of 14 its provisions, then the City Secretary shall additionally publish this ordinance or its caption and 15 penalty in the official City newspaper one time within ten days after passage of this ordinance,as 16 required by Section 3.13 of the Charter of the City of Southlake. 17 18 SECTION 8. 19 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. 23 24 25 26 27 28 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 29 , 1995. 30 31 32 33 MAYOR 34 35 36 ATTEST: 37 38 39 40 CITY SECRETARY 41 (rio. PAGE 8 G:IORDWEIGHBORIDFT9B.CLN 8B-11 DRAFT 9b October 10, 1995 1 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2 , 1995. 3 4 5 6 MAYOR 7 8 9 ATTEST: 10 11 12 13 CITY SECRETARY 14 15 16 EFFECTIVE: 17 18 APPROVED AS TO FORM AND LEGALITY: 19 20 CITY ATTORNEY L G:\ORD\NEIGHBOR\DFT9B.CLN PAGE 9 8B-12 City of Southlake,Texas MEMORANDUM October 13, 1995 TO: Curtis E. Hawk, City Manger FROM: Paul Ward, Building Official SUBJECT: Re-appointment of members serving on Building Board of Appeals. Members serving in the odd numbered places for the Building Board of Appeal are appointed to serve terms expiring October 1, 1995. Board members may be appointed to succeed themselves. All members currently serving in the odd number places have indicated interest in being re- appointed to serve another term. Please consider Michael Lease, Don Light, Chuck Fettinger, and David Carpenter for re- appointment to serve two year terms as members of the Building Board of Appeals. ��IQJ PW/dc c:c Bob Whitehead, Director Public Works Attachment: List of Appointed Board of Appeals Members cow' QA- 1 BUILDING BOARD OF APPEALS APPOINTED BY CITY COUNCIL NOVEMBER 15, 1994 ORDINANCE NO. 622 1. Michael Lease, Vice-Chairman Home: 481-9527 370 South Peytonville Avenue Work: 329-5057 Southlake, Texas 76092 2. Kosse Maykus, Chairman Home: 424-9137 2604 North Carroll Avenue Work: 329-3111 Southlake, Texas 76092 3. Don Light Home: 481-5944 200 Westwood Work: 488-0354 Southlake, Texas 76092 4. Eddie Pierce Home: 379-5876 Coe 1600 Randol Mill Avenue Work: 481-1508 Roanoke, Texas 76262 5. C.E. "Chuck" Fettinger Home: 481-3397 3170 Briar Lane Work: 481-5067 Southlake, Texas 76092 6. Bobby Harrell, Alternate #1 Home: 329-6920 920 South Peytonville Avenue Work: 329-6920 Southlake, Texas 76092 7. David Carpenter, Alternate #2 Home: 488-0565 1211 Oakwood Trail Work: 481-3587 Southlake, Texas 76092 list/Board of Appeals\11-16-94\sl L City of Southlake,Texas • (bre RESOLUTION NO. 95-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO A BUILDING BOARD OF APPEALS; PROVIDING FOR TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS, IN ACCORDANCE WITH ORDINANCE NO. 622; 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, Ordinance No. 622, adopted by the City Council of the City of Southlake, Texas, on September 6, 1994, outlines the appointments to the Building Board of Appeals; and, WHEREAS, Ordinance No. 622 states the board shall be composed of five members to be appointed by the City Council. In addition, the City Council shall appoint two alternate members who shall serve in the absence of one or more regular members. Alternate members must meet the same qualifications as regular board members, and regular members shall be Lappointed to places numbered 1 through 5 and alternate members shall be appointed to places numbered 6 and 7, as • WHEREAS, upon the initial appointment pursuant to Ordinance No. 622, terms of members in the odd numbered places expire October 1, 1995, and members appointed to even numbered places shall serve terms expiring October 1, 1996, now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The above premises are hereby found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. The following appointments are hereby made as provided for in Ordinance No. 622, to two-year terms expiring September 30, 1997. Place 1 Place 3 Place 5 Place 7 Section 3. This resolution is hereby effective upon passage by the City Council. City of Southlake,Texas Resolution No. 95-43 page two PASSED AND APPROVED THIS THE DAY OF , 1995. CITY OF SOUTHLAKE, TEXAS MAYOR GARY FICKES ATTEST: SANDRA L. LEGRAND CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY C:\WPFILES\RESOLUTI\RES95-43.RES 64,4 City of Southlake,Texas MEMORANDUM October 11, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Request for a Variance to the Sign Ordinance by Dr. Greg Wright Dr. Greg Wright is in the process of constructing a new office building at 200 E. Southlake Blvd. His architect, Philip Morley, has applied for a sign variance application to construct a monument sign in front of the proposed office building. The variance requests that the sign be set back four feet from the front property line. Section 16 B, 5 requires a minimum setback of 15 feet. The application states this proposed setback is necessary due to the topography of the land. The Department of Transportation needed the additional right-of-way for the slope when F.M. 1709 was reconstructed (See attached site plan). Please place this on the October 17, 1995 agenda for Council consideration. 61714046.44 BW/sm Attachments: Application Plans wpdoc\wthead.mem\wrhtsng.wpd L /o-A / CITY Off' SOUTHLAY.E February 6, 1995 SIGN VARIANCE APPLICATION (hiri APPLIcAN7' QWNER (i f different) NAME: G' PI;/P / 107 4/ j7/" 6/' G1/‘1,kt:11PS _/ ADDRESS: 0-I O ! -1/' ea'!id 57G/d Ir/L/� "h e • � �d7/4l�Ke 44,4 4rq/e_i., Ter 74:39. -7 _S -74 i/atee, 7 76�� . PWO?J 8/7— 3Z1 — 9zea9 0/ 7' /- 7, , PAX: 8/ 7 -4-8 S -S_2X_7 81 7 -- 4 Z l — 8.9-07 w nested: / - , - . Q / -7'�W/'/ Pee 'est♦on ./tlJlli�d� ✓ NAME OP BUSINESS OR OPERATION: 7'r-_ i e, 44 ,,%/ . 27!/S PHYSICAL ADDRESS: Z� �iJ v i lq,G ,/401 - . LEGAL DESCRIPTION : Lot 1 Block Subdivision Id. W. Wall Vo. 687 A iz4 o,, I hereby certify that this application is complete as per the requirements of Sign ordinance No. 506 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting who is authorized to discuss this request, ddress any unresolved issues, and approve changes, if any. 742 Applicant's Signature: / Date: 9/z.(79.J' k9FRtk***** For City use Only: I hereby acknowledge receipt of the sign variance application and the appliction fee in the amount of $ on this the day of _ _ , 199 . Signed: Title: _ The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No. 506 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. . Completed sign variance request application. .__ Completed demonstration of conditions applicable to the requested variance (see attached.) Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R.O.W. (Jr Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. /0 /9- )- Demonstration Plebe rizza t te. at the fo7 _0±_arg coact i _nS are. ap i cab17 t.o the Lueeed _sign varj4r4q : 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant . Lie- are re ves-/ 1A a. va r i 4 14Ge -IC 4 t -e Jo' Si k 5� ac�c TX� T vrc-Giase./ a., 5i� H/F/�wS piece OF Gl. d4117Lio4-ra / .0. LJ. &ram, fLiG pre ✓/pv1 wHer- "fa ma/NTLAiH Q reC2..S©Il4 /G ON o ccv /ec/ • 6y ovt site. TGi.c resv/74/:r /*Hc/ fir« /s ep a 7e p z t-posv • T4if 5-/-f va�iv,.. is -r - e -4er- �P,X�tcrG9 c/ }y� �Lje- re v/i"r� ZS' r-c i- se�104.ex, Mere 1.5 J vs�" eGtov,A room �-f"O p/'Ovide a. /al /4kdscveal 6df,Se� Si Pt, 1e- locbd r/``".1, aHd -/be bti ld,... 2 . That the situation causing the unnecessary hardship or practical difficulty is unique to the affected properly ca.t141 is not self imposed. 7 ('77 7— 12121-e-114 s.ed 744 e .-7i-4 l`e .tO, 14/ fro"1 e r-e v�ov-f ��k/1 ow erf h�� w/ov/aL 1,a ee �a" •e T rea5 + GOon clew IA -717op, pr 'ceedil., s /i !ale -cs�2/'y. Lie- a re_ m 4 w4 re ) of Q 4 y rope rlfr q) Soo/44.. e Z3 ✓d w% a rc ` -6 s e oG i 714`r c e `!'ow, 7'Gl c /-oa(s/ -Lo L4_ roPe_r77 Jitie co /ofe.0 wi`�Gi pvrs, 3 . That the variance will not injure and will be wholly compatible with the1 use and permitted development of adjacent properties . We- r/`oy2Ose 7 0 cf ,- 4_ s e /41 o v 04 e. to s 1,"h 5 ' Fr'ora -744 e pra pe-t t�-y ` Le, S /;. ce ov' pre er1y // 1O is a7v PO /"N1-7 ' r /O 4s O vS'� 7 v 2 vH S7 �, ' - ie Gv P" - /� _ f,�q, 12 79 lS / oar a. .�va/ 6 GT- tfec,e w/// �X64,1 ,v,as ?'" glom, 4e % , '4 / ly 3. ""AV ¢o ' 4 . That the variance will be in harmony with the spirit and purpose of the sign ordinance._// /es / • �� sew a oreLr t ee is C tgvteci 112, 1/'6'veAd- Q t- e 5 fill s Fro viet Greg 7 , , V',s va i h 4- A.c /ohs v alai., e- /i 4 t' , 441 d +tie- e rct h Qkt ce- wia.res Se n s-�/. 1I owe ire r- 4e vse o,c e re-, ca a� . 0, I,i/, , d +1t /v! fe-Be474- L fir v r- _ -e- 5 6:\WPF\FORMS\APPS\$I^N VAR.t✓pD C0v�5ia/era 44 &�, N d a7/er r�/e Qd as , y fry� ry, A --i, . ( il ). __ I . c ----_°. * . -• • --)1 lc ...1 • t__I __ T 0.1 ( - . ka.fta =I- liZM .=... lil. WWI .. , III, I I A... mnemi , f 1.-- 1"-} wm......• .I mr . • . , R . 1..0.• A , . , I I oKajc. wag L m -1---f • ,,,,,6 rol so ,_.. _ 1 (...., . . . i , -? ......„„ -0 . ... 7 . . , J • I © 1 . ..-. , . . .J ........ . ..., (--------- , 1 1 11 L1�T 1'L O0 S .. NAY 102111Y0 t-6_. U 18e 8e1 . • -in 3 r <43 ® o ot, OIL 7 lB1SL UV �O _ m a0 il oc• i oz le ass II _ O I •A G ladYM7 aims , 11,1 0 0 <• a-7�o I W $ 1. U= 1 O a m _ re 1 • n z U a sr ~W oa < wtu � I u o a. I < f to I a I rx ixd g • U_, U I U3 o O J- U =pmenw. - Z a �* m 0) I- Zwto 3 I 0 U, O a �z o e 1 1 g Op •a N o I W OL --JJ m ILaW D I i 0 }- - 10o S OIr a I a 1.1 IS) IO. illN > o I d p Z Li) U I a W in I" mu I ( ),19 LLI o I <,z :i j— z _ „,,L. `l al N UNi-- ,E i 1 U=ijj (40 _ �- Sa N 1 O or L) 10 1 1 , l-n 1 •1- ..--.14. L__Al .1 .... : , 0.3 ww • . • a Bo a� - • Z - 1-V o j-o i° i Q CC) WX : 1 s ► a SOY II • utu 1St tO 0 aWn 1 (J o . 4 • oao I . UFW Q 3NY13d SL Q r i•30C 1 it .. 1 \y \ \ 1 L^ O-.L1-• 83 Yd ZI _I �_ L 1 /0 /9-Sr City of Southlake,Texas MEMORANDUM Al° October 12, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Request for City Participation in a Drainage Issue in the Area of Ridgecrest and Dove Rd. Friday, Oct: 6, 1995, the affected property owners, their attorneys, Southlake City Attorney Alan Taylor, and Director of Public Works Bob Whitehead met to discuss the drainage problem. To try to resolve the issue, a request was made to seek the City Council's direction on the following proposal to install an underground drain across Mr. Shelton's property. Specifically, each party will: • Mr. Tom Miller will hire an engineer to design and estimate the cost of the construction. • Mr. Miller expects to have a cost estimate available at the Council meeting. He had a contractor look at the site who gave him a rough estimate of $8,000 exclusive of • engineering fees. • Southlake will consider providing surplus pipe and reducing Mr. Miller's street perimeter fee equal to but not greater than the fee due the City for the cost of constructing the underground drain. • Mr. Shelton will grant an easement for the underground drain. • Mr. Miller will construct the drain as soon as a contractor can do the work. City Council is asked to consider reducing Mr. Miller's Perimeter Street Fee of$12,026.51 to cover the costs of constructing the drain pipe'and also donating surplus pipe if it is available and meets the engineering design. City Attorney Alan Taylor and I will be glad to answer any questions you or Council may have. Please place this item on the October 17, 1995 City Council Agenda. 154417131 * BW/sm wpdocs\wthead.mem\agenda\rdgcst.par /0-15/ � t. „4 -OENTON — ,,•• v! � TARRANT141111114 J N +� 44111 OK ,41.11411 r� -A om. et LAVDOOOThiJ ' ' Eeove.cm c----'� - scr A-444/ .4.....,'t ell 5 III,011%... j 1, - - filli Ac -- :±1 ? - - , • Ur f ItA2 `L . • ... . , _1 • REIS D.I POME -- - r� k Si k ; ' IJA�A �n k NMO 6415 � � ,~>,►3A3 MA E,YA e.r th4i.g0e, .N3..0...2.r IOC 1 wA --- !I1e sr*-—a4s) fr'''_,v'..-_.'4i- / IC 1CtC >G ' ' . IetI 1 t I M�., tp , 1 Vt i 1 / 1 , 1 1 ' I . at 1 1 1 j y • 1 k u >a a KICIAt Bur n iN k xn Ae �.�., 7 p _ t ' . - l s . I I to -f E 1 ,t A..:.t 2 k IIIM A_,-�ON Pr Mi))er II ts�At I LL J 1.03k• k ��i''"? -- t0Ok k uAt • r 5hel r�o, I. G j .� , • 1 tts • -- �' 114 --drij !pi pilc�- ' •IN __ Iiii_7111111_ i... �( • \ v1.21 A 1 • RSAY tat I +A+• 4 - , --- Ulm = w Q IN k t � •AD co k +� s A` n a III _ _ iIA2 tut k », It�c UN�S ; iO4 k • gas k P�' �t t u s!k 1 >c City of Southlake,Texas MEMORANDUM October 11, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Proposed Land Purchase on North White Chapel Blvd. The City is in the process of acquiring land along N. White Chapel Blvd. for municipal purposes. The attached drawings show two alternative uses: 1. Soccer fields 2. Public Works Facility Parks, Public Works and Community Development Department staffs will be glad to address any questions on the proposals. Please place this on the October, 17, 1995 City Council Agenda. BW/sm Attachments: Two drawings ✓ to • I I z a l 1 I L_ — coca — — _ 1 1 <i _.} Bhp - 1 1 I I I / ` • m. H 1 LOT I? i LOT t " I LO CARL OF u I ZONED SF, I L.U.D. 10 W DENSITY RES ! 4U.O. xLO a ZONE( cARL SMITH L.U.D. - LOW DENSITY RES �r r y� 0 x I • I Q CC ar I 1 I it -jt os+Me RnR ��.q, SCREENING FENCE (SEE NOTE N0. 1 ammo -_ -- i t K -_ __ __ PROPO1) 35' R.O.W. DEDICATI �,p '' i• BOB �4�AD '/ , o' •. 30' BUFFERYARD TYPE vKr urn R �''1' I vi V I 1 a 3 / '''''''''-----COC rRz - 0 y E3r------ WE W. GR/CSBY, £TAG ZONED AG - MED DENSITY RES • iJ ( _i_ , r;.-1: -1 I 1-----1 _ ' „,. ________ _ $' i A 9 doves ROAD I __ a o f n ,A� I n, • LJyy ) T R,- L7--- Sr£vE A.16 : ill O ETAL I GRIGSB ZONE w. Y.. �J / L.U.D. - WED ZONED AC I �6c(�KII�lL7 VOL. I407, P. M£ *iY RES. 1 (f .. n' ' • D i . g 0 -a , I tr nLr f-n_l +-' I aFr21 (' I. EVANS l (,.J - D AC DENSITY RES I PP t7rlMi laR-•�4 I. r t._,i,j t l I :sill - / J H—IS' BUILDING I —--— -, 7 -.--PROPOSEDPROPOSED S' UI v�jTI0 \ J - —30' BUFF0ERYAF `n"'n.?NESS ( vAC 'ENSITY RES. ' -SCREENING FENCE I P 0 B 1 [ f1 �� - I r Cat�rt _- tern III I F 50US��1 for t tar Oar a motor r tor r I tor I tor r IT to . t OF or THLIFt ur u I ur it tor u I tor is I to for — - I 'r 0T 0 r� ii; �44y� I m° Ao�'6), .( (-z21 I I IR ,e I ' II!— — I t — — I - _ 1`( o ,Y _eLl_._ 1-1- - L1 - - JONES I CO ACC 0 DENSI {t I i0 C - -)-- I • Ai \ and 1 ' zQL I I i o r - - - — -i B . , .,, 1 • ' I — —.— — — . —. — L G— — — — I Ca c, E LOT /2 I ' LOT 1 I L0. a. Z L.U.D. BANZKON CARL SMITH Z ONED OW DENSITY RES-IA I 1 L.U.D. OW DENSITY RES.re i L.U.D. - LODW a I I o , , Q i r/.•'► Mrans - —SCREENING FENCE (SEE NOTE NO. 1 £7i _ __ ' - -- . PGD35. R.O.W. DEDICATK 1 -n __ _ _- :. .i—serss'� $• J L �3`l`."rod° '.o. STAl I 30' BUILDING UNE I , f;1 PROPOSED 15' UTIUTY EASEMENT---r- �30. BUILDING UNE I LIGHT EQUIP. PARKING / IIIIIIIIIIIIIIIIIIIIILZ r ,.;-I�� I TR EMPLOYEE PARKING L BLDG 3 2 7!E O�AO n ETAL��RES. I 0 1 1 11 I 1 I I I I I I I I I I O Lr BLDG 2 j I �°� r 1 BL = — I 1 t___ I VEHICLE E IIIIIIIIIIIIII I I I — I AREA _• 04 VISITOR PARKING I , IL- ----- -- .a dill. � � $ 78 A S ROAD � - ._wy-- •73r15 IIrti _ ,�_ / n 3'ia� M ^r` I "I FUELING I I WASH I II RACK , ` AREA _11 AREA I 1 SIEVE A. D L 1R 16L ZONED W. CRICSBY, ETAL I r L.U.D. - AIED I ZONED AG I i VOL. 1407. P. 2( - MED DENSITY RES X STREET + MATERIALS EQUIPMENT ' STORAGE I� UTILITIES STORAGE AREA AREA _ _�_I STORAGE AREA LO 11 > �' 1 I 'roCh ,.7 5 ;,:._.. BLOCK . .4 . ,. I 15 iC " v ; '' i7 007_ACRES { - - -' " I+ I.:, ;D AO DENSITY RES � (740,833 SQ. FT.) 1t30' BUFFERYARD TYPE— PEM.6 to R—,-. -.—SCREENING FENCE (SEE NOTE NO. 1) -15' BUILDING U PROPOSED 15.UTILITY EASEMENT- / I //��bn0:tt'ooY --�-.—PROPOSED 5' UTI --'—'--1- _. N811 00a _ 473111 .00' '---1-- — —4efieeo-r r--^Jer ——— ,/ 13-\` r 1 ' I -•-30' BUFFERYARC NEss ( PARK DEPT. PARK DEPT. I PARK DEPT. AG EMPLOYEE MAINTENANCE TREE NURSERY TENSITY RES I SCREENING FENCE (f ' PARKING AREA 10' BUIUDING UNE P O PROPOSED 5' UTILITY EASEMENT , 1 n/r.rl. ''� ( auu.-su'areAs-48.st7 w a 4ew-1011.43k0"0 xa.sN__ I • .II1---1- r =---T— - i •1 1 I 1 for r �1',I -E/I I y�P�O I I I -¢ITY OF IS°UTHLkKE A + I ��I �K pU .or 3 ter.,t,0ar' /Tor' LOT aI tor' LOT r LOT a LOT II LOT rr LOT a LOT i, LOT ra LOT i. for.I L,' • ' "n 0, ili I ��*{I I I 3,1D,� L� K 221 I I I I I - - ✓ .orr I , G a ,e I - - !I!- - I 1 _ _ I _ L�u�.-„E'..°T R� _B .1_ 1 _ _I_ _ 1 Li. - - 1- 1 _ _ JONES 1ED AC GOOSE NECK OWE 0 DENSITY RES. - ffil,ffffffff LAIDLAW WASTE SYSTEMS'INC. • • • . • August 30, 1995 • Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 RE: Rolloff Pricing • Dear Curtis, Enclosed is the Rolloff Cost Analysis that we spoke about last week that breaks down our actual-cost per hour.to operate a rolloff truck. Also, included are trip time calculations that show the actual time it takes to pick up an open top container or compactor in the City of Southlake, deliver to DFW Landfill, dump the load, and return the container back to our customer's place of business. - In Southlake's case the existing rolloff rate structure has not been adjusted since we entered into agreement with the City of Southlake in April 1992. As you are well aware landfill costs have soared due to not only landfill taxes that were imposed by the State of• •• Texas in the Fall of 1992, but also as a result of Subtitle D Regulations imposed by the Federal. Government that has added substantial costs to every private and public landfill operation in the United States. I trust after you review this information you will find the Southlake rate of$161.80 per load (including. disposal) only marginally covers the cost of disposal which results in Laidlaw Waste Systems providing the haul for free. From our perspective it is our desire to be compensated fairly on the haul rate with the disposal to be treated as a pass through cost to the customer since the disposal charges are controlled by the posted gate rate. at . DFW Landfill. • • • • 6100 ELLIOTT REE ER ROAD,FORT WORTH,TEXAS 76117•(817) 332-7301 • Fax .(817) 831-2020 0� Customer Service Fax(817) 831-7469 . �.*: / -/. • . pO00000 (i.., . • . Page Two Rolloff Pricing . ent. at your earliest It is important to us to move forward on�� requested to proadju�de anything additional convenience. I stand ready to meet with you your you might desire to present to Council. .. Sincerely, LAIDLAW WASTE SYSTEMS, INC Doug Rivers . Municipal Marketing Manager • DR:jdW0831 Lev enclosure 3 J W " .N3X.P::S6.4$ /, • Wc - N,.�OOpp _ o to — d Z = N N N M N N N N N N , . 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FORT WORTH ROLLOFF COST ANALYSIS I I ACTUAL COSTS AND HOUR SUMMARY TRUCK LABOR SUBCONTRT EQUIP O/H SG&A MGMT TOTAL HOURS COST COST COST COST COST FEES COST SEPTEMBER 4,247 65,207 48,470 94,397 30,629 11,090 15,009 264,802 OCTOBER 4,625 72,351 6,210 100,249 30,268 11,742 15,009 235,829 NOVEMBER 4,481 72,810 2,810 127,898 29,160 13,604 15,009 261,291 DECEMBER 4,425 87,304 - 119,431 29,527 10,864 15,009 262,135 JANUARY 4,358 72,391 - 115,606 29,687 11,379 15,009 244,072 FEBRUARY 4,105 66,942 - 103,494 30,885 10,239 15,009 226,569 MARCH 3,991 76,262 - 113,394 38,751 19,071 15,009 262,487 APRIL 3,464 71,004 3,548 101,877 33,450 15,062 15,009 239,950 MAY 3,825 80,101 - 122,518 36,913 17,050 15,009 271,591 JUNE 4,950 80,141 - 169,533 37,852 20,156 15,009 322,691 JULY 4,634 78,128 - 128,328 35,610 7,474 15,009 264,549 TOTALS 47,105 822,641 61,038 1,296,725 362,732 147,731 165,099 2,855,966 COST PER HOUR SUMMARY TRUCK LABOR SUBCONTRT EQUIP OM SG&A MGMT TOTAL HOURS COST COST COST COST COST FEES COST SEPTEMBER 4,247 $ 15.35 $ 11.41 $ 22.23 $ 7.21 $ 2.61 $ 3.53 $ 62.35 OCTOBER 4,625 $ 15.64 $ 1.34_ $ 21.68 $ 6.54 $ 254 $ 3.25 $ 50.99 NOVEMBER 4,481 $• 16.25 $ 0.63 $ 28.54 $ 6.51 $ 3.04 $ 3.35 $ 58.31 (...., DECEMBER 4,425 $ 19.73 $ - $ 26.99 $ 6.67 $ 2.46 $ 3.39 $ 59.24 JANUARY 4,358 $ 16.61 $ - $ 26.53 $ 6.81 $ 2.61 $ 3.44 $ 56.01 FEBRUARY 4,105 $ 16.31 $ - $ 25.21 $ 7.52 $ 2.49 $ 3.66 $ 55.19 MARCH 3,991 $ 19.11 $ - $ 28.41 $ 9.71 $, 4.78 $ • 3.76 $ 65.77 APRIL 3,464 $ 20.50 $ 1.02 $ 29.41 $ 9.66 $ 4.35 $ 4.33 $ 69.27 MAY 3,825 $ 20.94 $ - $ 32.03 $ 9.65 $ 4.46 $ 3.92 $ 71.00 JUNE 4,950 8• 16.19 $ - $ 34.25 $ 7.65 $ 4.07 $ 3.03 $ 65.19 JULY 4,634 $ 16.86 $ - $ 27.69 $ 7.68 $ 1.61 $ 3.24 $ 57.09 TOTAL 47,105 $ 17.46 $ 1.30 $ 27.53 $ 7.70 $ 3.14 $ 3.50 $ 60.63 EXPECTED PROFIT $ 1.94 $ 0.14 $ 3.06 $ 0.86 $ 0.35 $ 0.39 $ 6.74 - TOTAL PER HOUR $ 19.40 $ 1.44 $ 30.59 $ 8.56 $ 3.48 $ 3.89 $ 67.37 L., /o 4J 5 Confidential 8/23/95 Page 1'