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1995-07-18 CC Packet L TIMARRON PARK DEDICATION JULY, 1995 Strathmore (109 residential lots) Park Land Dedication Assessment ($54,500) Trail Construction(Bent Creek-B.N.P.) 78,800 $24,300 credit Villas (156 residential lots) Park Land Dedication Assessment ($78,000) Strathmore Trail Credit 24,300 Trail Construction(B.N.P. - Creek) 25,000 Open Space Credit(50%) 39.500 $ 10,800 credit Request: 1. 50% credit due to improved open space. 2. 50% credit due to trail construction. Parkded.tim a 4.) a 44 b r rIin el in N u') 01 N0 in U) CO 01 N yl el C C '.0 in a' in V' '0 U 1 U - A in 4) a C' M Q, a' r r 1C r N r N colN a' N r-I N t►NYa77 N rl - V Q' U a 0 en la O O en in in Mco N CO M e-� a in 1 ° U N a N 4) it 113 11 C b V O u 4.)ro .d �► 14 w o u w in A,� N Al C.' 01 N r M r r-I N• N H i in 4 C rl 'd �) V M ,..I e--1 r-1 e-1 N N M I x a N a Iid ra ro .. 0 El O .-i 0 O ta W U h N O N Uf) 10 C U) M U) r1 4) • O N to a MMM $4 y a b U 4) N N t V N p co rl 01 in N CD 10 Q r Elr-1 N N N C' in V' D V' .-{ {n W 75 ro E v) +) w a 01 co I N G yaj r 10 cr M .N-1 O in I 10 4) a-) O• 0►�a r-I CO O u) ,-4 ,� 'I I to 0O 41 z v > x 0 ►+ 4) O V) 4) )a �04 to 0., N O H ro.%4H U 4 - ZV 01 'N - b3v > U 01 W I) H °� 0) 0N. W W OH N Ca o , 3 ua +, o o 4, W 0 Cil 0 0 3 City of Southlake,Texas7 MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: Resolution No. 95-28, Establishing a Participation Fee for Benefitted Property Owners in the Neighborhood Sewer Program; and Requesting City Council Permission to Advertise for Bids for Construction. During the City Council's 1994 June Retreat, the Council discussed the subject of extending sewer to residents of those neighborhoods currently on septic systems. At the 1995 June Retreat, the City Council again discussed the concept of the neighborhood sewer program and methods for assessing participation fees to those homeowners benefitting from the establishment of municipal sewer service. Staff presented sev ral options for determining the fee but recommends that a fee equivalent to the(sewer impact fee be assessed to each of the benefitted property owners. Attached is Resolution Number 95-28, establishing the participation fee for the benefitted property owners as a fee equivalent to the sewer impact fee in place at the time sewer construction is initiated to the subject neighborhood. 01 In addition to considering the attached resolution, it is requested that City Council also authoriz- / �� staff to advertise for bids for sewer construction to the neighborhoods identified in the first year f,,,s of the program. These neighborhoods are: Emerald Estates, Whispering Dell Estates, Cimarron Acres, Highland Estates, Vista Trails. Construction would be funded through the $1.3 million►►`�!' of Certificates of Obligation issued earlier this year. sip Please place Resolution Number 95-28 and request for permission to advertise for bids for sewer construction in the five neighborhoods, on the City Council agenda for July 18, 1995. Ilil KH i A !I• City of Southlake,Texas 1 RESOLUTION NO. 95-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING A PARTICIPATION FEE FOR BENEFITTED PROPERTY OWNERS IN THE NEIGHBORHOOD SEWER PROGRAM. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and, WHEREAS, the City Council of the City of Southlake, Texas has determined that it is in the best interest of the City to provide municipal sanitary sewer to those subdivisions currently on septic systems; and, WHEREAS, the City Council desires to establish a fair and equitable method for assessing a participation fee to the benefitted property owners; now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council desires to establish the participation fee to each of the benefitted property owners within a neighborhood, as being that fee which is equivalent to the ewe oft fee in place at the time sewer construction is begun for the subject neighborhood. Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED this the day of , 1995. CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand A. City Secretary L c:I wpfiles l resolutl sewerfee.281 kh City of Southlake,Texas MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager • FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Oakwood Pond The Developer Agreement for Oakwood Pond is attached. Because the infrastructure is in place, there are no requirements for payment and performance bonds, letters of credit, or cash escrow. This Agreement recognizes: • there are four lots within the Addition. • water facilities to service lots are in place. • the Developer is anxious to acquire building permits and certificate of occupancies. • the City agrees to construct the necessary drainage facilities within the Addition in the easements shown on the plat, which were requested by the City, and will be constructed in accordance with EPA requirements. • there are no sanitary sewer facilities, therefore, septic sanitary sewer facilities will be constructed in accordance with all applicable city ordinances, regulation and codes as stated on page 2. • the Developer agrees to pay the park fees of$2,000, as stated on page 3 of the Agreement. • the Developer agrees to pay the Perimeter Street Fee of$12,026.51, as stated on page 4. Please place this on the July 18, 1995 agenda for Council consideration. BW/sm Attachments: Developer Agreement Map wp60\wpdocs\wthead.mem\oakwood.pnd OAKWOOD POND ADDITION DEVELOPER AGREEMENT An Agreement between the City of Southlake,Texas,hereinafter referred to as the"City," and the undersigned Developer,hereinafter referred to as the"Developer," of the - Addition, to the City of Southlake,Tarrant County,Texas,hereinafter referred to as the"Addition," provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the lots contained within the a e = ` Addition and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. The City has accepted the lots and supporting infrastructure and this agreement shall be the evidence necessary to that effect to acquire building permits and certificates of occupancies. B. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15)days (ar, written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice,the City can file a lien on such property so maintained. II. FACILITIES: A. ON SITE WATER: The Developer and City hereby agrees that water facilities to service lots as shown on the final plat of the Addition are in place. B. DRAINAGE: The City agrees to construct the necessary drainage facilities within the Addition in the easements shown on the plat,which were requested by the City. These facilities shall be in accordance with the plans and specifications to be prepared by the City's engineers,and reviewed by the City Engineer. The Developer and the City hereby agree to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that drainage improvements are made. C `dC -2_ C. ON-SITE SANITARY SEWER FACILITIES: The Developer and the City hereby agree to allow septic sanitary sewer facilities for each lot as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by th= �H «�`ee engineer and reviewed by the City. Further,the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs,materials and engineering. D. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation,signage,landscaping,street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association, if a homeowners • association is put in place at the option of the Developer. III. GENERAL PROVISIONS: • A. Developer covenants and agrees to and does hereby fully indemnify,hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever,whether real or asserted,brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity,shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify,hold harmless and defend the City, its officers, agents,servants and employees,from and against any and all claims, suits or causes of action of any nature whatsoever,brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. -2- `0�-3 C. This agreement or any part thereof or any interest herein,shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. D. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under • Chapter 151,Tax code,if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE WATER: Water facilities are on site in Ridgecrest Road and shall be utilized by each indivudual home owner or home builder. D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.),Article VII,Park and Recreation Dedication Requirements. The Addition consists of four(4)lots for a total required park fee of$2,000. -3- E. PERIMETER STREET O' I INANCE: The Developer agrees to pay the Perimeter Street Fee of$47.50 per linear foot. Ar iee-Net 494. Approximately 1,270 feet of the development abuts on Ridgecrest,which will require a Perimeter Street Fee of$12,026.51. F. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER By: Title: • Address Date: CITY OF SOUTHLAKE,TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: wp60\wpdocs\develoe.ag\oakwood.pnd -4- .II — �� 9 1 ' 1N Ir, >KeW 1� E • , T•: �••�• • '� H. T}SaaooP r•• .e : 1 1— vt. .. /. Is ~� • • 14 • N N M O i, i . • \ ,� 111'i: • I4f wit \\ . -_- ' N 1 R/- RN !14FEV 9i (mot' $41. i ---_-I :4: ' m T • r r•.Xi.•_-_ • at X 9 `.- , 1 `- -—_ -- -- ---- " w S 7 .i� •Ig1r M/rn ------ tAx x� Y ;: '• 11 - IREis4. PRICE 'A•1• -uw • --)--Il 1 -------- - ------ -- W. MILLS s�itHi t�,i . :....•--------� _J ;,:,::- •^••....' . i- J. WIZWELL . I.L }I}li4.'}K}}:}:i}:1}.i}Rkir1 •ly�yIII Y•4W]W- „L„ I _ •^1 DAYID DOOM . ,—. 4-.' DENTON f, . ©•��c�.�_�• I, - -- ,Y,-%'�'.. � • W. MILLS I N - t:�' TARRANT .'fi .-' _ .,•...«. I 1 ��. 4 r I au s— --��f-�— 'E 4-i''3► ~.` F� t 42044.44 `ems __ „c ew us.C.\\t. . 1 ......Xsei 04 11. LK a..irit_\......____34.1 ‘ .....• '-"'.,''• ts ••••••••••• i 4.: .-: t...,,,...„, 1-...--- 1;--- .... ,,. , �. .-I,.. I oN��1B I. `'� a 4t?�--• -:r�----- •Y` sY Mr"'�A1•. 1 WWI (N4 11 , •,tk,C]( 1 1A I sac . 7•4 it' u 4 KW I -• -- 141 W • I . firICKI ' �.. • 1- �-- I]• Q112 1e I>, .-` wlw :'ES E. M=�':TI� N,_ go •or.,` 4 .2 Kos N.. • ' . 1 :--- ' I., .• .r•.(..�1,. I1 ��6° t. ° = _ w^ .I. :s$4L._ blVCss I �l.IE•i THORN OW N1c ' tie' Iles..--, ,( ..t. K •- 'tiff, AZv/_ r • E" .J1 Iw•4 OM I I4 Ln4Kt ,-.�r,Y I IL.I[ I �� V�� I • ' If" ___ U. ' •Ln4 ' • . I Ill d II.•K Frir, J I.L . __ - --� 4. a• , , J w' .,x i 1VG MI. wr a �:Y u`•. = 4 ir4 S x s •,t �,tATfS i l 0 - ,21 : u m • lM 4 In ) LO r 1111 . W t i • ... Ls•r •1 , 'y« K K4 .••4 w w 1 w I Lk K • OM •'' IN• I.' C) K]f, • lN]4 y .4. •[] a .• •• I• L1 4 • i REEDY J. WEST < 1 I I I•••I•I 1 at.' c i --4-. • • '.`. 94 iI 1N _to I ,- N; nl=><. 10__ .ft GA YI 4 •••4 114 yr. •- i 1 • I II 4 I 6.4 F) t N - 0,- 1 ,i e4 •` �,f I Q�.Q�a�I�Y+` n. �'n'I�r��S •(N oN TRACT MAP UM°nrf6 . x GR / Rt .. — --- J' . r-_F r._ (�.�,b\ Yr I-.. �c1 1�< ��I �O _ __..-. _.- I '-iJ •1• •;,i.J City of Southlake,Texas r MEMORANDUM July 14, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Special Developer Agreement for South Hollow Morrow Development on behalf of South Hollow has requested that the City consider, prior to their Developer Agreement, the following issues: • Perimeter Street Fee: In lieu of paying a perimeter street fee, developer is requesting they be allowed to pave Carlisle Lane to interim residential standards. Using the City's Fee Schedule this would be a value to the City of$156,400.40 (1,646.32 feet X $95/if. = $156,400.40). • For comparison, if the Council chose to charge the full fee for the entire frontage of South Hollow, which has three streets on the perimeter, the total maximum would be $131,924.13. Or if the Council chose to allow developer to volunteer to assess a per lot cost the total fee would 37 lots at around $2,000 or $74,000. • Public Works staff feels the developer's request is reasonable, especially if Carlise Lane -is not improved the additional traffic due to South Hollow and Napa Valley would destroy the present street requiring the City Street Department to maintain the street at a considerable cost. • Private Streets: Developer is requesting that the Addition be allowed to be a "limited access subdivision." The attached letter from Morrow Development provides a detail of their"request. In summary private streets with a city and utility access easement would be accessable to the City in case of emergency. The streets and entrance design would meet the City requirements. Please place this request for consideration of a special developer agreement on the July 18, 1995 City Council Agenda. BW/sm Attachments: Letter from Morrow Development wp60\wpdocs\wthead.mem\soth.hol Map VThc — \ MORROW DEVELOPMENT 110'4420 Enfield Dallas,Texas 75220 (214)661-4641 July 11, 1995 Mr.Bob Whitehead Director of Public Works City of Southlake 667 North Carroll Southlake,Texas 76092 Re: South Hollow ZA95-58 Dear Bob, On behalf of South Hollow, Ltd., we are requesting ZA 95-58, South Hollow, be placed on the City Council Agenda for July 18 for review and approval by the Council of certain items to be incorporated into the Developer Agreement for South Hollow as follows: As you are aware from our earlier discussions, South Hollow is requesting approval by the City to improve and resurface Carlisle Lane beginning at its intersection with Continental Boulevard north to the intersection with Rainbow Road. The improvements, pursuant to the preliminary plans submitted, would include widening and recarfaving the driving aurfaoo front its (minting approximate 15' width to- City standards for a 22' section' interim. residential street. These improvements would be made at the expense of South Hollow in lieu of including Perimeter Road Fees in the Developer Agreement. As you are also aware•from our many discussions, South Hollow is requesting approval from the City for items in the Developer Agreement consistent with the construction and maintenance of South Hollow as a limited access subdivision as follows: Approval of a provision for private streets to be constructed within a separate street lot owned by the Homeowners Association. An easement covering the street lot would be granted to the City providing unrestricted use of the property for utilities and maintenance of same. This right would extend to an utility providers including telecable companies operating within the City. The easement would provide the City with the right of access for any purpose related to the exercise of a government service or (1%., \Ob -Z. July 11, 1995 (Ire Mr.Bob Whitehead Page Two fitnction, including but not limited to fire and police protection, inspection and code enforcement. Approval of provisions in the Developer Agreement for homeowners association documents indicating streets within the development are private, and owned and maintained by the association through a reserve fund and that the City would have no obligation to maintain the private streets. Approval of provisions in the Developer Agreement for limited access entrance design requirements including approval by the Fire Department prior to installation of all gates, doss arms, and access control devices including automatic opening systems and manual backup systems, and testing and acceptance by the Fire Department prior to systems being put into operation_ Approvalof provisions in the Final Plat providing for dedications consistent with a private street subdivision. PIease feel free to call me or Art Clayton with any comments or questions. ‘Iire i+ �, Truly, 1 cg9MAUkki--- Grant S.Morrow for South Hollow,Ltd_ cc: Arthur H .Clayton Douglas A Tatum Joe Wright L \0 -3 , . . .. . L Aith., 5:::: :0, LL. 0:^1.t. . . . , 6ATE ENTRANCE MASTER PLAN BLOCK 1 ' C7/ _Lot I 1/2' - ---.. ' XN11*. 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WALL I n• + Turf • IIP Gard Entry I Security sate Pavers I - an. = Lane I Exit Stacking : : °: Nifs I 0 % ' �,,- ' i T. i 1 \Y �` 1� 1, T IltU irl_:(2) __T__, - ' 1)- \. Entrance Lane i Q Pavers • z rance Lana 2 I 0 Pavers v Gard Entr < Turf Securi Gate I 1 / � j • . • Flower! Trees • • • _ I ! • / •• / \ . • 1 , max- . A \ A \ /' A )\ ' ti:X->":fi\ \ - '' 11 y Evergreen Trees BLOCK 3 Lotl , . A 3Sr ) I 5.1.11 r k : J� E5 „ 9lf ti I ;®110! ., .. F{ GN THOWAIA3-Id HMI �. • , -�1cE- - • r �. ' a vJ �" n x -- L1— 1 '. _ $ 2 eee111 mle XI/ n I ©©il©ii . wo�p. - -�} �N CITY .N. i /� i fi4 .fEs - L Of Mil©1 • : A E II ; tiro-I- a :y !r5 Nr:p1©m O /- INIZ6S ® E5 r , Os' t r\l 1. 01� AGR ' C7 _ j ' NOR iHWESi PKWY'� ©WIN ' S7 X , I ( " MI • " � ` I _ � D NMI 1. R pR }L t , MA� IE — it' m. w.nx� 1f i' s — — n C)aa• 11,., .p J }N E. - ----- tor, 1G uv sovl.a..c a.w. .0: - --- a In J4 pRB r ' it - _ ! IC 10 XI XI „Ir G 6� r ,.. wr pl \1: 1o.s.a (�- ! �� 1s.. 50 -:�..RR '"4.�� >a p P� s s1 ry'�) 1111 k I ��2 1 x , xN • 1 x l 1u s f , -' lc El sfil• 1 II•,-`• - _; Y t N - Ix r-•\_ 1 r 11 OISEDIAH IN, p16�RaHT „a ^AK5_ 4 1 �t fA.[I ....oCI r 10 4 •'. WMKT .-• I ' f OA CD r \ �� _ ,\ M1N s E 1 i o —JO._.T . 46. senor i t r I-- F A 91,401. I------ - --- C I (� l ,� 141 70 Os i11 l I J.W. HALM Iw i11121s1143111011 it cis ikt (. T T T T T> t T l ' MI a1. r 1CI II I) y T 41 I -- .� �L1k W b, RaENLE Y •,1 xI -1�x ,: EN • N B N tGR . 'OW el is: ' .. ti' , " 1AI K" TMEAD •••1. ,TTTG . � - it ! PAR i. . !a1, L ) •' . . 6,1sk. bieDAG1ALDn-_ • -Y ... ..1 -- — Nla -T---..•-- rn .- . ., , 1 N , la ,A nl. 4 w1».. - ' .'•. NEf e t( • K 4 •a +b �.eI� I II{ 1�1yG 1 4 G k — K ". lle 4 1 r..ai�r"• •-I• 1 *\ N' -�- - Nor- .w:1 r-,u .»» .;. 4..: ...1 }- 4 1 — 1 I .---_— N Iw•-f )I,D... "�,� ��,Y Iow 1144OW LL �IEDLII� xOrs u/... n.. nilk . it".l .�':`w..--,14 IN' . NN-'iN.. --j /11 n. � titAi4iRIlETT I —k �,-_____k. n"1 HARRISAir�l DECKER 'S4 • N' CAI MO 00 /) ` -- U97AN 5?A P-1A L — — — JOH'It"Hi C111?321r�!- I - — „ ftA Y OAKS A ' N , -,it. .>.. / 51.1 5 •fe --.,AU51 N dil u coy I• l �R�,t. — — 1... ». 1 — fNpU`a B 1 + �� TI 5 !J H Iee 11BRUpA1.Ow. . I E A I n .� TRACT MAP 5`'{0(,L C H E AT H A I\ I _ _ �� CONSULTING EN(:1: t ) L 160 1 E. LAMAI? DLVI). , ...f • I. (RI\C-) () -S City of Southlake,Texas ` -Or Lor MEMORANDUM July 13 1995 r TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Golf Villas-Timarron The developer agreement for Golf Villas-Timarron is attached. The usual requirements for performance and payment bonds, letters of credit of credit, and cash escrow are included in this agreement. There are several revisions to the standard developer agreement that needs Council attention. These revisions are as follows: Page 2, Paragraph D: The Developer has requested that Golf Villas streets be private. This section deletes the requirement for a maintenance bond for street paving, which is 50% cost of paving, however, Developer will be required to build all streets to City standards. Page 4, Paragraph C refers to streets, sidewalks, and drainage associated with streets being maintained by the Developer or homeowner's association. The plat for the Addition will also show that all streets and sidewalks are private. Page 5, Paragraph C, Section 2: Developments with private streets are responsible for the continued maintenance of all street lights and regulatory devices. The City retains a right to inspect and require regulatory signs and maintenance of such signage. Page 5, Paragraph C, Section 4: This is an added Section that specifically acknowledges that in the filed preliminary plat, the streets were to be dedicated as public streets, however, approval of this section will authorize the Planning and Zoning Commission to change the final plat to private streets. Page 6, Paragraph F. AMENITIES: states that there will be a gate house as part of the aesthetic improvement. The Developer or subsequent homeowners agree to provide the authorized lock systems for the gates as per Southlake Fire Codes. Added new language about potential traffic hazards is included. Page 9, OTHER ISSUES: There are no off-site and/or sewer pro rata, off-site drainage structures, or off-site water. \OA -\ Li., Curtis E. Hawk, City Manager Developer Agreement for Golf Villas-Timarron July 13, 1995 Page 2. Page 10, PARK FEES: Developer has requested a 100% credit toward Park Fees, however, at the July 10, 1995 Park Board meeting, this request was not accepted. There are 158 lots for Golf Villas, for a total parkland dedication assessment of$79,000 ($500/lot). Park Board recommends that Developer be awarded 20% credit totalling $15,800 and credit the cost of the trail along Continental, estimated at $25,000. The total assessment recommended is $38,200 (79,000- $40,800). A memo from Shana Yelverton is attached. Page 10, PERIMETER STREET ORDINANCE: The Addition does not abut against any major street within Southlake, therefore, there is no Perimeter Street Fee. Please place this on the July 18, 1995 Council agenda for consideration. (lbw BW/sm Attachments: Developer Agreement Memo from Shana Yelverton Map wp60\wpdocs\wthead.mem\golf.vil L GOLF VILLAS ADDITION DEVELOPER AGREEMENT An Agreement between the City of Southlake,Texas, hereinafter referred to as the "City," and the undersigned Developer,hereinafter referred to as the "Developer," of the ( c- Addition, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein,and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 11 lots contained within the ` 'Addition and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible,the City agrees to release 10%of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs(temporary or permanent)with street names are in place. The remaining building permits shall be released as soon as the streets are complete.The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City,and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer,and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2)years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, \OA -3 hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20%of the cost of construction of underground utilities. . These maintenance bonds, letter of credit or cash escrow will be for a period of two(2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds,letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds,letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer,save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all clFcc facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right,title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City,through its City Manager or his duly authorized representative,provides Developer with a written acknowledgement that all facilities are complete,have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent(3%) of the cost of the water, street,drainage and sanitary sewer facilities,on all facilities included in this agreement for which Developer awards his or her own construction contract,to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%) of the cost of water,street,drainage and sanitary sewer facilities,on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each a phase and based on actual bid construction cost; (60, -2- `O A s�r c. Trench testing(95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders;and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. + H. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15)days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice,the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City,through the City Manager,shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake -3- Le regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs,materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction,testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: co, Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,reviewed by the City Engineer,and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. C. STREETS: 1. i E€it;ii^` ,,i1(ki � Yz ‘' ,:' t &4 ,6 u � IF J 0 ;it & ): gC -•S L. ,CL., �: ®® m'€._.tiv i °p .1 re "7. d'' ' .' .'-1-)' "4. , :J,<�ccc , )1,k. e street construction in the Addition shall conform to the requirements in Ordinance No. 217, -0-qT0 `z i, ( `,, .; i `n1 , 3 . Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. (..., -4- `OA- 2. The Developer will be responsible for: a)Installation and two yearoperation +�, e),tl cost of street lights, b) Installation an® 11), _ ,qq5, of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation Ka “,tr,44.a,i, of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features. heweverr standard-signage: }p fig} 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. a" tt,lci< a r) gi ® r �.". L)e{ ;4 4 41 °C 4t" D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, -5- \0�.--I L., regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works,there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two(72)hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may (.., incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, e,, q e(a ; 'A , i and may incorporate specialty signage and accessory facilities, ��)1 r‘F ? E sti s . The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic er specialty item ,), ail } ' ;ice , : . ` .@ ° such as walls, vegetation,signage,landscaping,street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association. ,- ` f,.-z t E kP -`l1 0J.`€> “ ( tip4 ,k .. ,i `gt) t .st C E e`trk, )Q; sVte 1, 1? r t r l (41:iv; ,i-S% rh >, r; ,a: t, r ' k,,) , 11„`'_ €r:CmJab r ,(1, ' ,';,,€ 3 % 2. sr["kC,¢ .,, l:! t1 T P 4as s t � C _' s r„ C G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way,such as landscaping,irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any (,..., -6- circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall,at his own cost and expense,defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water,sewer,or drainage facilities can begin,the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify,hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever,whether real.or asserted,brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein;which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify,hold harmless and defend the City, its officers, agents,servants and employees,from and against any and all claims, suits or causes of action of any nature whatsoever,brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or ,� -7- employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications.Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer,his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries,including death,to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees,or any of them,on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2)years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's -8- \o\ - `d expense;provided,however,that if the construction under this agreement shall have started within the two (2)year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151,Tax code,if the tangible property is: a. necessary and essential for the performance of the Agreement;and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO RATA: A. OFF-SITE DRAINAGE: within the basin served by the box culvert in . The Developer agrccvl C. OFF-SITE WATER: -9- A. PARK FEES: Y ' co ,cki,b; r x ®fir ieT € e;r_e ei ? r,F}>®44Ctofr te5E Ai ,b robe t4Se. •y' :iei, Li. �- � . ?y �, t`et,„, �� .c -.ak �E� ¢ � ,it t tr��sle g� :lc. ` fYn�' It. �� a it .6s�e)e� ' �� .., . r 5),Lc3E 2"�: r € orP �. a - : : ""$!, Lc7E E. PERIMETER STREET ORDINANCEt Th > > ,which will require a Perimeter Street Fcc of$ • B. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: -lo- C CITY OF SOUTHLAKE,TEXAS By: Gary Fickes,Mayor ATTEST: Sandra LeGrand, City Secretary Date: c:%xpfr esIdevagreeVorn at C -11- REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit(L of C)must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding$10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six(6%)percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. c:%wp601 xpdocsldeveloper.agrtgollf vil -12- \VA- \tk- City of Southlake,Texas MEMORANDUM July 11, 1995 TO: Bob Whitehead, Director of Public Works FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Park Dedication Fee Credits — Timarron Golf Villas Park Board Recommendation Mobil Land Development Corporation has requested that the City of Southlake grant a 100% waiver of the park dedication fees required for Timarron Golf Villas. This request is based on 1) amenities provided in previous phases, excess credits which they believe should be carried over, 2) amenities offered in the golf villa phase (see attached listing), and the dedication of another portion of the trail along Continental. There are 158 lots for this phase of Timarron's development, for a total parkland dedication assessment of$79,000 ($500/lot). The Park Board considered this request at its July 10 meeting and are recommending to the City Council that the developer be award credit totalling $40,800,for a total assessment of$38,200. This was arrived at by providing 20% credit for the amenities proposed ($15,800) and crediting the cost of the trail along Continental, estimated at $25,000. The attachments document the Park Board's assessment of the amenities for this phase as proposed by Mobil. You will note that the developer is planning to provide seven acres of open space (three are required for PUD open space, per the developer), two gazebos, a system of trails within the development, picnic tables, parking spaces, etc. In addition, the developer has once again agreed to dedicate a six foot trail along Continental, from Byron Nelson Parkway to just west of Carroll Avenue. You will recall that Mobil has already agreed to dedicate a trail along Continental from White Chapel to Byron Nelson Parkway as part of the developer's agreement for Strathmore. Please include the recommendation as part of the packet information for the developer's agreement for Timarron's Golf Villas. I will be happy to answer any questions you may have about the Park Board's recommendation. S '► cc: Rod Johnson, Southlake Parks & Recreation Board Kim McAdams, Park Project Manager \O -�S IL Iti e..i-ornr Y C h on • Exhibit B :ax....,..:::}•.::•>..}fi�;{.$W �,,:..�} �• •}:rh•••}'�:}r : .�::f lr-},•.J>�{...,f�f.'•••"Y}• f::.'•$ •�.•r,�.r • ,{o vs+� ;'�'{t; K,c�,:kk;.i. : .�q .. �•• ;.? ` '�G r.f. �: 4 fife.-f-...:::•. fr�J 'r�f W•%• $ v,•'Y$��.�y�.. :v•i:\v.8 :41. 3 . f ti'rv0'fi' •$.$}•.v`.. • .- . r ff •�}v?'� { '`ti{•Y I1?•. v?"i 'N•:. '4`.}Y$:y^�is f 'lrf.;y.�..4.• ?• •� v4'/��5�;!rS�-,;;,��..{•:ry'x v:vvv i:.vl: v ... v.x.. v••'T �i$:{•rf r ;:::.i}}J�::?:`: •}v�f'.'v'•:•'Y::i}::i??•'.>.iv�vf�.•:???•}}$}:}:}}. .•�,'.�•}+}m :}•":rr ..•.. PROJECT:jtvYkwrorl- (7O{rr Ji��c1S Location: Phase: Total Acres: Total Lots: 1581c Total Parkland Dedication Assessed: $ 19,040o (Residential = $500/lot; Commercial = $500/acre) Total Parkland/Open Space Proposed: Developer: InobiI Land bc0c.loprncnt Covporatlnn Contact: 5pAIc,Ni t}S Soo E. C'.w �c v Sk. I4-2.5 Address: 01,113 - � ��, Phone: (2,10-119- 52.v Consultant: alas Contact: Phone: Possible Number Estimated #Recommended in Improvement Provided Unit Cost Zone („ Comments Picnic Tables $ ‘000.00 20 Benches BBQ Grills Tot Lot Playground Trail: 4' wide(miles) .01..natb 11.p°/LF 24, ` Trail: 6' wide(miles) .C\h Mt4.S 1yr pa/L�r c Ou\S QOvo Fitness Course Z� ^� -lt `ax. Ballfield Backstop ( C'ia_s rt c+oo\JI kc Oa\ Soccer Field I S5 JI.1fYN • Tennis Courts Z = #1 it l 7 D Z 1 Multi-purpose court Parking Spaces \Q :LD Irrigated Turf Acres S.1:13 P►0.e0S .154/SP 7 = 90 , LI-o$ Restrooms Nature Area Swimming Pools Shol , 2. oociaa• 1 = 50,000 C TOTALS 610, •l� A Dili 577 perk,`hord a.CA)mmc.r,clat on Attachment C-1 PARK DEDICATION FEES CREDIT EVALUATION Scoring Summary Project: (i Marron Ara vi11ct%S Developer: mobil Lard 'bc�t L__ 1 C+nrPorahon CRITERION 1. Conformance with Park Master Plan(P.M.P.)-(35 points) Total Points IS , Provide. A-vozAls, C rLtbo, plank. biLS CRITERION 2. Recreational Value-(25 points) Total Points is psiide YLCV1.0 ona&l pporf-ti,oi�iLaS An adu1+5ISe.t'I OrS- cate.rinl +pera t cfi3,l 1 t.1 -o -d62_ Mew t-at i nle-rt S i n the. "V 1\O. proc4L,LC+•" CRITERION 3. Environmental Features - (20 points) Total Points IS 4_�or,ne U►r,i�11� >snV i r ennnental Gakt_ rt-S art- planned tKIr the, Nic. („„, t nei.t id i n tycztbos over to OLte 111Y..2S (Ur)d Goan Club • CRITERION 4. Access/Parking(Pedestrian/Vehicular) - (15 points) Total Points 13 iceo 1l f t rl 51'riar, rpss 4 pNr1C1 c Q proVtded • CRITERION 5. Site Plan Clarity - (5 points) Total Points 2, 11- 1,t1f1.6 noi- Oitar, /Cti3inAin3 g tht prt.senhah'o✓1 v*hak e rN i es vJ IX t_ -Iv Iot pitog 1 d td • -fVNt_ Par k..`2)0avd had 4 a cL 44hD_ r lar- ClUt.s4'ions 4cD pu-l1 then inCovrnatior\ ot.t.A• oc tthcM CRITERION 6. Amenity Construction Timetable(-20 points) Total Points —1 O Project Phasing A+-Or d i n3 -!moo. pv en#4-r s, Wows d bt, to enpl t_4cd cis ti�a_ dwJtAoprnt,‘A- aerkirs. 17lans are. Ic begin i ek n-ber, 1t1i 1•h Ove.rat 1 cornpte+ion -t c oc. u,r it 1 rr"1" OVERALL TOTAL (Criteria 1-6) (100 total points) TOTAL POINTS SO *RECOMMENDED CREDIT 20 1) *Points Required for CREDIT: 50% = 100-90, 40% = 89-75, 30% = 74-60, 20% = 59-45, 10% = 44-30, 0% = 29-0 Attachment C-2 • PARK DEDICATION FEES CREDIT EVALUATION Project: iirrIn.yrots V i6S Date: —I l 1l i qS CRITERION L CONFORMANCE WITH PARK MASTER PLAN (P.M.P.) (35 POINTS) 1.1 Do tie amities offered by the developer: a. exceed P.M.P. recommendations for the population 35 points b. meets recommendations for the population _25 points c. most improvements meet recommendations 20 points d. fulfills more than one significant element of P.M.P. zone ✓15 points e. fulfills at least one significant element of P.M.P. zone _ 10 points d. does not conform to recommendations _ 0 points CRITERION 2. RECREATIONAL VALUE (25 POINTS) 2.1 Site Is interesting recreation opportunities for: a. all ages _25 points b. all but one age level - _20 points c. more than one age level t115 points d. only one age level _ 10 points e. conflicting age level participation _ 0 points CRITERION3. ENVIRONMENTAL FEATURES (20 POINTS) 3.1 Site>loa: a. many unique/significant environmental features 20 points b. some unique environmental features ✓15 points c. more than one unique environmental feature _ 10 points d. one unique environmental feature _ 5 points e. limited/no unique environmental features _ 0 points f. destruction/removal environmental features -2 points CRITERIO!4. ACCESS /PARKING (15 POINTS) 4.1 Pedosrian access to the park/recreation/open space area is available: a. excellent pedestrian access is provided ✓10 points b. pedestrian access is adequate _ 8 points c. some pedestrian access is provided _ 6 points d. limited pedestrian access provided 4 points e. pedestrian access via streets only _ 0 points f. impediments to pedestrian access _-2 points 4.2 Veitioiar parking is provided, if necessary: a. on site(or No Parking required) 5 points b. nearly adequate parking on site _ 4 points c. some parking on site ✓3 points d. adequate parking near site _ 2 points e. minimal parking on/near site _ 1 point __ f. no parking provided _ 0 points Attachment C-2 PARK DEDICATION FEES CREDIT EVALUATION Cont'd-Page Two • CRITERION 5. SITE PLAN CLARITY (5 POINTS) 5.1 Site Plan: a. details all improvements clearly _ 5 points b. generally shows all improvements _ 4 points c. improvements shown but retains options _ 3 points d. conceptual in nature yipoints e. vague about improvements _ 1 point f. not provided _ 0 points CRITERION 6. AMENITY CONSTRUCTION TIMETABLE(-20 POINTS) 6.1 Construction: a. improvements completed 6 mos - 1 year _ _ 0 points b. improvements completed 1 year- 18 mos j 4O points c. improvements completed 18 mos -2 years _-15 points d. improvements completed greater than 2 year _20 points C C \cp \c\ TYPICAL CREDIT CRITERIA Attachment D Credit Point Range 50% All improvements exceed P.M.P. recommendations for population, 90 - 100 Sufficient parking on site, Excellent pedestrian access throughout addition to park, Interesting recreation opportunities for all age levels, Site has many unique/significant environmental features, (i.e., rock outcroppings, topography, water features, plants, wildlife), Site Plan details all improvements clearly. Improvements will be completed immediately. 40% Improvements meet P.M.P. requirements for population, 75 - 89 Nearly adequate parking on site, Pedestrian access to park is adequate, Interesting recreational opportunities for all but one age level, Site has some unique environmental features, Site Plan generally shows all improvements. Improvements will be completed 6 mos - 1 year later. 30% Most improvements meet P.M.P. recommendations for population, 60 - 74 Some parking provided on site, Some pedestrian access provided, Interesting recreational opportunities for more than one age level, Site has more than one unique environmental feature, Site Plan shows improvement, but retains options. Improvements will be completed 1 year to 18 mos later. 20% Fulfills more than one significant element of P.M.P. zone, 45 - 59 Adequate parking near site, Limited pedestrian access, Interesting recreational opportunities for only one age level, Site has at least one unique environmental feature, Site Plan is conceptual in nature. Improvements will be completed 18 mos - 2 years later. 10% Fulfills at least one significant element of P.M.P. zone, 30 - 44 Minimal parking on/near site, Pedestrian access via streets only, Site has limited unique environmental features, Site Plan is vague about improvements, Site has no unique environmental features. Improvements completed greater than 2 years later 0% Improvements do not conform to Master Plan recommendations, 0 - 29 No parking provided, Impediments to pedestrian access, Conflicting age level participation, No Site Plan/Concept Plan provided, Site development has destroyed/removed unique environmental features. \OP — � (hie as V -• ., O U 4N) .U. U 00 'd C Q, :5. .o 4 4 oo Q W a a. W �U U y am mTe) 0 cn Lli Ci ,tea a. A UwS A U) w U) rn 1 0 a o in a c -,,,, . w o 0 ,Zj w 44 ' ay � Nco E W N Rai U <4 O 2 6' b0 at N Q w Oq 1_, at t W-7 I. in U) 79 n G,, o AU o ,o ACo a O z 4, r E Hill 8 u 0 V �lw— ',, z�y >y o ao o .. y .+ N 1g R,0 A..� GL 14 Iii> O yq N H (i.,,, N Cci > N U 0 A o. Az Aa HAS` --- - t bl 3C_ a:,-- 3 Ac • ..• v i;S:eirr i , a.....a..- ...• . X .rr r�nr_-_ - - - YIi '1i:i 1 aw x 7o J X�(cm mo411 --- -Sip ,� k kam 0 w Ac 4* A Y /11 iii�iiirlalkil 1 tA3 U. so .m mi.. 'ali` � 29 G' rA< • {tl .-- sot m »uA Slut. (� C 3 . 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'. � F.,�!` =�:; ;� R•-P.U.D. :c" b9 �9, a ;4: ihl - R.-P.U.D. _ • ri \^ als . : • :r :..1 '!` Spin #9 Representative Bill Salazar !hid' k \ �3:: ! .4 ti i lr jf 1 vttp,di s. TI1U, i4; r' .4r 41,,,,, , ,.... . ,_ ,-,, .:... , Sit,it , / ' i ROI ,:411ri.4 •• • I/ / >:. 4nsij ' ► -. , x ; Timarron ly..4lrot i, j , f NN:F.E.i ,A ,aw,Nw_A.t_,t4s rat,.Aiocrot.444i,a.At • ;a ( * •• 1a " : i` i!)Jt , :1 r !; K R.-P.U.D. :1 , 1 ♦ e narron } ; - ' -+x 'a� !� ;; ` ,�... i Inns r r l.K.3�• �' 0/.1 b 0 .1 1: ' i MOM �tb, .r 7 r r Yi .N . r H r r „ r R.-P.U.D. . i¢ ,. 6. 1u - -- . - 3 - / 11,.0, Zig:Mil 111 .s4Cri."`?4:::•--.: -vl: g'zitV \\.5 c. (jw.„ 17*, .ArA,,,,, "::,,,v•-:::.4...ii pfgi .II lisil:441L4k17,...A.44117:114,„,...447:".' ;;Ldi144.1r11:3-'r-j±b'.1)::s.,-17-1"-::,........./LA114::::..1: .-11...K.M .\‘./ .....)..,1,,,r Nt AMIE .teitilr''' $71r1 '....... 1 . pip 1 :I 'fil , . 44 j Aar 07114-'s-\'' 'i / 4(Ito -P,',.... / 134 Et, , - 1,,, i ..... .„..41r ..f. .r. • -}} ,� 11 aE , ., �, y 7- � -4 M fI JJLL N � v �y..ilk.kI + �•- - ) .••1"-gr 0fr ss.kS 010 itt, ("IV'. ' % ,,, • 7' 1( : Rili i • • i 4 ey'%4 *14 S t.is �� g j City of I _:: _ ' MI. (...„ �i oll\ville . • n� = ADJACENT OWNERS AND ZONING cn City of Southlake,Texas ` / MEETING MEMORANDUM Meeting Date: 3/ 6/15 Meeting Place: rG I subject: 17Dv gc9 Alt/ - -ATTENDEES: FIRM: PHONE NO: 1 , r-/ c( , 2 . t/?i 3 . 4. 5. 6. 7. �. Notes: — U./ / /o.Se - /o� l rlat,0461 ►S c_o 12I?irN. G2(ro'j/ �LeS vi,d/ ,�/ - T-l4IVV /ncre75� P�( I I( l& k,o,e bo)c a 4. wo sir ir> 240 Wo v ld toe r4 2 n n ad / IJ►y aping on , s a &A� .1-0 prt ' i .K�L/(d he of r a �J s z• pzr f „pvI, L �� .7Pfro v7 ( ► ,e, Cov'ceed.tor n-1P,.„,t, y-o See G LG oti. .3/Z3/f w/ VQr s Dille 5 / oe w C2 r r o 11 oC o4.e i o f i^1 r e v a 7 C C Gs-d I " 40l(OW Donee 7 et3-p, 42410 P/Z liec net. a p r ,Z T'cf d e 4,-4 r7 . ( Pr, , - A/ �frerf-4 (Ai o✓(d lae pr► i w► r►vim . ,�y //a e Se FoxrAKEsrxerc.FRX City of Southlake,Texas MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 95-29, Appointments to Economic Development Advisory Committee Resolution No. 95-29 allows for the appointment of three (3) more members to the Economic Development Advisory Committee who shall meet with the City Manager and the City Manager's designees as needed, at a time and place to be determined by the Committee, to promote, assist, and enhance economic development activities. On June 6, 1995, Michael Richarme and Rick Wilhelm were appointed to the committee and it was determined at that time that three more members would be appointed at a later date. During the interviews held on June 13, 1995, Council interviewed William J. McDermott. I have attached a copy of his application for your information. This is the only application I received for the Economic Development Advisory Committee. • If you have questions, please give me a call. sl • City of Southlake,Texas RESOLUTION NO. 95-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake has created an Economic Development Advisory Committee (EDAC) to work with City staff to promote, assist, and enhance economic development activities in the City of Southlake, Texas; and, WHEREAS, and the City Council has determined that EDAC shall consist of five (5) members; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are true and correct and are hereby incorporated into the body of this resolution as if copied in its entirety. Section 2. The City Council has previously appointed two members, Rick Wilhelm and Michael Richarme, and hereby wishes to include three more members, as follows: 1. Michael Richarme 2. Rick Wilhelm 3. 4. 5. Section 3. The members of the EDAC are appointed for one-year terms, with the initial members appointed to serve until June 1996. Any member is eligible for reappointment. Section 4. The EDAC shall meet with the City Manager and the City Manager's designees as needed, at a time and place to be determined by the Committee, to promote, assist, and enhance economic development activities. Section 5. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE 18TH DAY OF JULY, 1995. Resolution No. 95-29 page two CITY OF SOUTHLAXE, TEXAS BY: Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary (ire City of Southlake,Texas MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 95-26, Board of Adjustments Resolution No. 95-26 allows for the appointment of a Vice-Chairman of the Board of Adjustments. According to Section 44, of the Zoning Ordinance No. 480, the City Council is responsible to make the appointments of a chairman and vice-chairman of the board. Bill Towler, who was not reappointed, served in that capacity. Fred Joyce is currently serving as the chairman. If you have questions, or wish to discuss this matter, please contact me. /sl City of Southlake,Texas RESOLUTION NO. 95-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,APPOINTING A VICE-CHAIRMAN OF THE BOARD OF ADJUSTMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, states the Chairman and Vice-Chairman are appointed by the City Council now; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in its entirety. Section 2. The City Council hereby appoints as Vice-Chairman of the Board of Adjustments. Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF JULY, 1995 City of Southlake, Texas BY: Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary -- 2- City of Southlake,Texas MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance 643, 1st. reading, Providing for Suspension or Revocation of Contractor Registration Under Certain Circumstances As you know, some contractors have become negligent in their responsibilities. For example, on many occasions, contractors fail to request and obtain final inspections prior to the expiration of their building permits. Others allow the use of a structure before obtaining the required inspections from the City. Some contractors let their state license lapse, yet continue working or simply become negligent in the quality of their work. Unfortunately, our hands are somewhat tied when we deal with these individuals. While Ordinance 568 provides for our local registration process and guidelines for contractors engaged Lin construction work in Southlake, it does not provide for the suspension of a contractor's registration when these guidelines are not followed. Therefore, I advise strengthening Ordinance 568. Attached is the amendment that would list the reasons for which the Building Official may suspend a contractor's registration. If approved, it would allow the City to suspend registration of contractors who fail to obtain final inspections. It has been reviewed by the Building Board of Appeals and can be considered for adoption. With your approval, I would like to place this amendment on the City Council agenda on July 18 for the 1st. reading. BW/sm Attachment: Ordinance 643 wp60\wpdocs\wthead.mem\ord.643 L Libe ORDINANCE NO. 1�� AN ORDINANCE AMENDING ORDINANCE NO.568, ' AMENDED,THE CONTRACTOR'S REGISTRATION ORDINAN I Y PROVIDING FOR REGISTRATION REVOCATION UNDER CE' ' AIN CIRCUMSTANCES; AMENDING ORDINANCE NO. 622,CREA ►'• G THE BUILDING BOARD OF APPEALS, BY AUTHORIZING :p` BOARD TO BEAR APPEALS REGARDING REVOCATION OF 'ONTRACTOR'S REGISTRATION; PROVIDING THAT THIS ORD lb • CE SHALL BE CUMULATIVE OF ALL ORDINANCES; PRO i)ING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN PAMP i ET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL N r SPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter (6.., adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code;, and WHEREAS, the city council determines that in order to protect its citizens and to assure that construction work in the city is performed to standards mandated by the city codes, it is necessary to require registration of all construction contractors; and WHEREAS, the city council has determined that contractors who are registered with the city must maintain certain standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: L f:\Cilcs\slake\ordinanc\Iiccnse.002(07-12-95) (iire SECTION 1. ORDINANCE NO. 568 AMENDED Section 6 of Ordinance No. 568, as amended, is hereby amended to read as follows: "Section 6. (a) Issuance of Permits. The building official shall not issue a permit to a contractor or for work to be done by a contractor who is not currently registered with the city. (b) Suspension of Registration. A contractor's registration may be suspended by the building official for any of the following reasons: (1) The contractor fails to request and obtain a final inspection prior to the expiration of the permit; or (2) The contractor allows use or occupancy of the structure for which a permit was obtained without first obtaining the required authorization from the city; or (3) The contractor has been found by the Building Official Cr' to have been grossly negligent in the performance of his work; or (4) The expiration, suspension or revocation of any license required by Section 4. (c) A contractor whose registration has been suspended may appeal to the Building Board of Appeals, (the "Board"). In the case of an appeal to the Board, the action of the Building Official shall stand until the case is heard. After hearing the case, the Board may take the following action: (1) Affirm the suspension; or (2) Overrule the suspension and reinstate the registration of the contractor; or (3) Affirm the suspension,but waive any or all of the reinstatement requirements set forth in subsection (d) below; or L f:\tiles\slake\ordinanc\license.002(07-12-95) 2 (tre (4) Affirm the suspension and require conditions for reinstatement in addition to those set forth in subsection (d)below, including,but not limited to, prohibiting reinstatement for up to six (6) months. (d) Reinstatement of Registration. A contractor whose registration has been suspended may reapply for registration if: (1) All circumstances leading to the suspension have been corrected; (2) The contractor reapplies for registration; (3) The registration fee is paid; and (4) Any additional conditions set by the Board pursuant to Section (c)(4) above have been met." SECTION 2. ORDINANCE NO. 622 AMENDED Section 5 of Ordinance No. 622 is hereby amended by adding subsection (c) to read as follows: "(c) The Board shall also have the authority to hear appeals of the Building Official's actions regarding the suspension of a contractor's registration as provided in Ordinance No. 568, as amended." SECTION 3. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. (low sc.002 07-12-95 3 G\files\slake\ordmanc\liccn ( ) (hure SECTION 4. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. PENALTY CLAUSE L.• 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 6. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 568 or any other ordinances affecting license requirements 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 f:\files\slake\ordinanc\Iicense.002(07-12-95) 4 Ce5EL S 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 7. PAMPHLET FORM PUBLICATION CLAUSE The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. NEWSPAPER PUBLICATION CLAUSE The City Secretary of the City of Southlake is hereby directed to publish the proposed (we ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9. EFFECTIVE DATE CLAUSE 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. (bre f: files slake ordinanc Iiccnse.002(07-12-95) 5 r �O (We PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR ATTEST: (kw CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney (Ihrie f:\files\slake\ordinanc\Iicense.002(07-12-95) 6 City of Southlake,Texas MEMORANDUM July 12, 1995 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 642, 1st Reading, Establishing the Speed Zone on F.M. 1938, Repealing Ordinance No. 216 The State is requesting that the speed limit on F.M. 1938 (Davis Blvd.) south of F.M. 1709 to the Southlake city limits be changed from 55 mph to 45 mph: Currently this section is signed at 55 mph. The Department of Public Safety recommends that the City modify the existing ordinance to reflect this change. BC/bls • � p - \ COPY Ar Texas Department of Transportation P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500 RECE1W D June 27, 1995 • Subject: Speed Zone in Southlake CITY SECRETAR Control : 1978-01 Highway: FM 1938 County : Tarrant Mrs . Sandra Legrand City Secretary City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Mrs . Legrand: The original strip map for the above mentioned highway has been redrawn to reflect the speed zones that have changed. After reviewingstrip the map, if the City Council concurs with our recommendation, we would appreciate them passing an ordinance establishing the proposed speed zone . We are enclosing two copies of a typical speed zone ordinance for their consideration. Please send a copy of the ordinance to this office. You may retain the strip map for your file and use. If you have any questions, please feel free to contact Jay Holcomb at (817) 370-6813 . Sincerely, •, , 3L-1( ka ed A. Abukar, P.E. District Traffic Engineer jdh Attachment L An Equal Opoortunity Emplovar L (.0 N N 4) + ODN-O Q- F_ 2 cn 2 45 _ ZONED AT 55 BY KELLER • <E � � � °C 44N v) 1�5 Lf 52 =w ,c) ti 125_ Z --I . S 1' 32'E_ D u �' J o 45 rr AV 55 col . I I25 cif Nr 45 45 ZONED AT 55 BY KELLER .892 120' - 42' 2 ON 20' SINGLE ASPH. ON 8'X40' FLEX BASE- 8" TWO CSTa LDRS - 2ML DENTIAIJLIGHT BUSINESS 1 85th PERCENTILE SPEED - TOP SPEED MEASURED NUMBER OF CARS CHECKED i FATAL ACCIDENTS SPEED ZONE PERSONAL INJURY ACCIDENT ROPERTY DAMAGE ACCIDENT Ell INDICATES SECTION ZONED BY COMMISSION MINUTE r N JELOPMENT (C) 3 SLDISTANCE (9 L OR ADVISORY SPEED 0 — WES OVER 2° + 0 ,DES OVER 3% • FACE WIDTH AND TYPE 0 .W. AND RDBD. WIDTH 0- Q CIDENTS cr) NE LENGTHS MILE .. NE SPEEDS MPH ,r 45 �, SOUTF 7 TOWARDS H48 IN \ FM 17 0(� os 56 POP. 125 S 0' 18'E TOWARDS 47 Fip.. KELLER 56 125 JT. 19 -01 NE SPEEDS MPH ..will45 NE LENGTHS MILE r :IDENTS , ►.W. AND RDBD. WIDTH 120 USUAL RFACE WIDTH AND TYPE + 89X 10" ACP ON 6" FLEX BASE. CURBS, 5 ML 26X I ADES OVER 3% RVES OVER 2° LL BANK OR ADVISORY SPEED S SIGHT DISTANCE VELOPMENT r ;. NAME' FT WORTH COUNTY' TARRANT MINUTE NO DATE REPLACES NONE DATE ;HWAY1 FM 1938 CITY' SOUTHLAKE REPLACED DATE ,TE OF SURVEY' JUN 95 SCALE' I out.I MILE CANCELED BY DATE LIMITS OF ZONE ;TON ONE SECTION TWO " OR MP CONT & SECT PROJECT STA OR MP CONT & SECT PROJECT JS 3EGINS STA OR MP CONT 8 SECT PROJECT STA OR MP CONT & SECT PROJECTElS N DS (lire Ordinance No . 642 SPEED ZONE ORDINANCE AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF Southlake AS SET OUT IN THE ORDINANCE: AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200. 00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, Section 167 and 169 of Article XIX, R.C.S . 6701d, Uniform Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed (tsmetherein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said govern body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway, now therefore, BE IT ORDAINED by the City Council of the City of Southlake , Texas : Section 1 . Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways., the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and \safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling Lupon the named streets and highways, or parts thereof, described as follows : • Control : 1978-01 Highway: FM 1938 Page 2 From Milepoint 0. 000, south, 0. 892 miles to Milepoint 0 . 0892, zoned at 45. miles per hour. Lir Section 2 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than two hundred ($200. 00) dollars . This ordinance supersedes all previous ordinances pertaining to the above referenced highway. • PASSED AND APPROVED THIS DAY OF , 19 ATTEST: APPROVED: City Secretary Mayor ORDINANCE NO. 642 AN ORDINANCE AMENDING ORDINANCE NO. 118, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SPEED LIMITS ON CERTAIN STREETS AND ROADWAYS WITHIN THE CITY OF SOUTHLAKE BY REVISING THE SPEED LIMIT ON A PORTION OF FM 1938 (DAVIS BLVD.); DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING ORDINANCE NO. 216; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FORA 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 Local Government Code; and WHEREAS,pursuant to Section 169 of Article 6701d, Vernon's Tex.Rev.Civ.Stat.,the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS, the Chief of Police has conducted an engineering and traffic investigation and study to determine a prima facie maximum speed limit which is reasonable and safe on a portion of FM 1938 (Davis Blvd.) within the city limits of Southlake; and WHEREAS, the prima facie maximum reasonable speed limit adopted herein is not in conflict with any order of the Texas Transportation Commission declaring a speed limit along FM 1938 (Davis Blvd.) within the city limits of Southlake. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: f:\files\slake\ordinanc\davis002.spd(07-18-94) L SECTION 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. SECTION 2. That Section XXV of Ordinance No. 118, as amended by Ordinance Nos. 231, 231-1, 231-2, 349, 508, 535 and 546 is hereby amended by adding a new subparagraph F.3. to read as follows: "3. The following streets and roadways within the City of Southlake,Texas shall have a prima facie maximum reasonable and prudent speed for travel of 45 miles per hour: FM 1938 (Davis Blvd.) from Milepoint 0.000 south 0.892 miles to Milepoint 0.0892." SECTION 3. The Director of Public Works is hereby directed to ensure that appropriate signs are erected giving notice of the revised speed limits adopted herein or the times in which a reduced speed limit within a school crossing zone is in effect. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 216 is hereby repealed in its entirety. f:\files\slake\ordinanc\davis002.spd(07-18-94) 2 SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. 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 Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 118, as amended, or any other ordinances affecting prima facie speed limits on roadways within the city limits which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all f:\files\slake\ordinanc\davis002.spd(07-18-94) 3 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 8. 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 days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1995. MAYOR A'1'1'EST: CITY SECRETARY f:\files\slake\ordinanc\davis002.spd(07-18-94) 4 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR Al"1'EST: CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney f:\files\slake\ordinanc\davis002.spd(07-18-94) 5 • City of Southlake,Texas MEMORANDUM July 14, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-177,First Reading ZA 95-63 Rezoning Request REQUESTED ACTION: Rezoning for 9.976 acres situated in the T. Beedy Survey, Abstract No. 72, being Tract 2A2A LOCATION: 1865 North Peytonville Ave. on the East side of N. Peytonville Ave. approximately 1,800 feet South of West Dove Street OWNER/APPLICANT: Lee Fahrenbrook CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "RE" Single Family Residential Estate District LAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: Ten(10) RESPONSES: One written response received from within the 200' notification area: • Alan Egerton, 696 Garden Ct., is in favor. P/Z ACTION: July 6, 1995; Approved(7-0) ZA95-63 Rezoning Request STAFF COMMENTS: The Applicant has submitted a one lot Plat Showing for staff approval and plans to construct one single-family residence on the site. On June 29, 1995, the Board of Adjustment approved the Applicant's variance request to allow a 230 feet lot width instead of the 300 feet lot width required by the "RE" District. KPG/lms G:\WPF\MEMO\CASES95\95-63Z.ICC SG- J A 1N k op / 1.x4 U.I!. ,U , tlllll • lAl" ). 11,1 1.1 [`` I 1WEN \ n x • '7::—EliN,,, ( S E. G�11 YUr� NFpRD �;`!� 0 c r Y .. WAN, .- ,, f s1�s,—� ° tf r r� I, i, y :-- — Mt }Alt. .-,W,M v , 1 je" -I: ,e ,k A v I41I1r .a , ' -\" I 1/'C' 1xk'Ci. 1^ DN 11xk i 4.17k ro . . 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Ix, n T 1 �" 1I y ,%I 1000 o k .k rur 1C1•I HIGH SCHOOL �� w r , [7 Nit (;I{ nl I it \ y iPKt ) ri G L5 IN y, ' 1 l 1 41Y W.0 IOW..• I Lt..,J1. 11: i.';I , T. 4 �ILL.I..' 2 I '` 1 b 1 yl;l. 1 „0I '�,1Pk IlM I F;' I I �' v' �tr',°1 ,,�,�,} ',� � x�' Al ri''plrli ��"� � I,LY: '\ I f , t '�, I ,r I * ' r , rj I',l ,ill .. !• :1,l�f; , 7_, a .7 1 i \- IL i �' L . - a � -...., 1 t - - „ — 8 IN Ili . (- oI • O _1 i -c--‘-.., U ".)I (NI /1N1 N N I N I I > ,ZZ 1 — 10j W 1 - O rn I �, I.L. h a o y 2 0 _-, 7 . gQ. 05 • Z N 0 a) Zo N v� � \IV1 8 —, LZ-� . a ; 0 a _....) 7 i . — PO 7 I 1 L.`—\ Li. OL o Q - 0 CO c� m _ n o o �' a V _n c. z I - d " N 0 III-- Q 2 o _ . — . — . _II-- _ I, BC- 3 Q I � (fte CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-177 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 ° t . P ,, ° r , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" �' 5 a 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; (kr' 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 "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these G:\ORD\CASES\480-177.I RI) Page 1 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 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 L. of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended, G:\ORD\CASES\480-177.1 RD Page 2 SC -5 L. 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 V ` I, acre tract of land situated in the rr , a and more fully and completely described in Exhibit"A" attached hereto and incorporated herein, from "Y Y A a " m' 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 (use 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 (111., violation is permitted to exist shall constitute a separate offense. G:\ORD\CASES\480-177.I RD Page 3 VL `� Section 8. All rights and remedies of the City of Southlake are expressly saved as to any (he, 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. (be MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY G:\ORD\CASES\480-177.1 RD Page 4 Q�(' V �1 L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Cr- G:\ORD\CASES\4R0-177.1 RD Page 5 8C- S EXHIBIT "A" L BEING a tract or parcel of land situated In the T. BEEDY SURVEY, ABSTRACT NUMBER 72, Tarrant County, Texas, and being more particularly described as follows; BEGINNING at a nail set in the centerline of County Road number and being North 0 degrees 13 minutes West, a•distance of abou 33.9 feet (per Deed Call) from the Southwest corner of the said T. EDY SURVEY; THENCE North 89 degrees 58 minutes 46 seconds East, 1870.20 feet to a 3/4 Inch Iron rod found; THENCE North 0 degrees 13 minutes 07 seconds Wes , 232.03 feet to a 1/2 inch Iron rod found at the Southeast corner of a tra d conveyed to Yves J. Meyer et ux recorded in Volume 10996, Page 1013, Deed Records, Tarrant County, Texas; THENCE West, along a fence line, .passing at 845.07 eet a 1/2 inch Iron rod found, continuing in all a total distan 1870.2 feet to a nail set in the centerline of said County Road number 3088, said point being the Southwest corner of the above mentioned Meyer tract; (re THENCE South 0 degrees 13 minutes 07 seconds East along said centerline 232.70 feet to the POINT OF BEGINNING and containing 9.976 acres of land more or less; L G:\ORD\CAS ES\480-177.I RD Page 6 City of Southlake,Texas MEMORANDUM July 14, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-176,First Reading ZA 95-62 Rezoning Request REQUESTED ACTION: Rezoning for 0.47 acres situated in the H. Granberry Survey, Abstract No. 581, being Tract 2A LOCATION: South side of Southlake Blvd.,approximately 2,200 feet West of White Chapel Blvd. and adjacent to and West of the entrance of the Lake Crest Addition OWNERS: Vernon O. and Wanda Jackson APPLICANT: Dr. Timothy Huckabee CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "0-1" Office District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Five(5) RESPONSES: Two written responses received, one within the 200' notification area and the second is not within the 200' notification area. • Pulte Home Corp. of Texas, 1431 Greenway Dr., Suite 700, Irving, Texas 75038,is opposed, "No access to Lake Crest Drive unless for single family uses." • Marion G. Truelove, 323 S. Madison St., Mc Gregor, Texas 76657, stated that she was not qualified to express (1111w a decision legally because she sold her property to the City of Southlake and Stafford Group in June of 1994. -- 86- I City of Southlake,Texas MEMORANDUM CURTIS E.HAWK ORDINANCE NO.480-176,ZA95-62 PAGE 2 According to the 1994 Tax Rolls, Marion G. Truelove is listed; therefore, the City is obligated to notify her due to the statutes. Upon receipt of Ms. Truelove's letter on July 3, 1995,the City has attempted to contact Stafford Group. P/Z ACTION: July 6, 1995; Approved(7-0)ZA95-62 Rezoning Request STAFF COMMENTS: It is the Applicant's intent to combine the "0-1" Tract to the West with this Tract for an office site for his practice. KPG/lms G:\WPF\MEMO\CASES95\95-62Z.1 CC (111 IA 14 \ I A 8A7 882A� 88 Llifl� ( V' r 8A3 A 881C A�C 8A2 8A15 8A9 8A 8A10 11 8A1 1 11C2 11C2A 11C2 9A I 8818 - 11f 98 10 1 / I I 1 ( / , ttD �✓ T� �'-r v 1. 1 I I N/ J ' \ .•fQ11�I. • 3MA / \ ` I I 1 I I I F 1 35 Ac II 1 I 'T'�•` 1 1 1 1 1 / / - i \ I I I I \ _ v , (r\\ \ i L-i 11A2A 11A 9F 9 I { I 1 I I 1 I 1 I T 11 1w I I I I 1 7 i' l ` \ \ I I I 1 I. i mil I II 1 .` 11A2 ; �...'EL 1•wN �. .. I \ , , , i'' r,\ , - \I I I I I 1 I /� 9C -+- I \ -- __ ?- T l l % , 3A 1 1 i " {. CW' 2 M I 1 1 - / 1 1 1 I 3A1 0) , 1 1 1 1 1 1 1 1 \ +;• 'I �:r,,.vI /,7II:le� _ j - C i '` r• 3A1A R. Q I 1 I I 1 I I I i' 1 1 I 1 1 ti-r T L E_ B Et'1 1 I \ Y G G. H ALL NTENNIA�" 'I I 3J1A 3H 381A .Rion, A-686 3C1 gICE. 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CT / bpre— — . _ 1 n L , 6 , i ,., , . _ . _ 0 ,<L—\-- + --tca ADJACENT OWNERS — _ . in AND ZONING EµvR ,1 85-4 - Lir CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-176 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 y - I AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"s ,cc Of- t ',� ', �vi � e r r , 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; (hoe PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREA , - • I I I I u .' , • - . - •• • 'I g under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial,residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the G:\ORD\CASES\480-I76.1 RD Page 1 gg -5 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, (kir is hereby amended so that the permitted uses in the hereinafter described areas be altered,changed G:\ORD\CAS ES\480-176.I RD Page 2 8$-le and amended as shown and described below: Being a 0;47 acre tract of land situated in the H'Grranberryy Su ? ibt i beingTacta2 , and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from uia x 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. (or, 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 G:\ORD\CASES\480-176.1 RD Page 3 85— affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10)days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR (ttio, ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY L G:\ORD\CASES\4&Y 176.I RD Page 4 55 Q (ire APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (ire (raw G:\ORD\CAS ES\480-176.1 RD Page 5 SPA -mot EXHIBIT "A" (lier PROPERTY DESCRIPTION A TRACT OF .LAVD IN THE A TEAM GRANT ERRY .S.URY-EY.. ABSTRACT No, 581 , SITUATED IN TARRANT COUNTY, TEXAS. AND BEING A PORTION OF THAT TRACT CONVEYED BY DEED TO VERNON 0. JACKSON AS RECORDED IN VOLUME 4044. PAGE 676. DEED RECORDS. TARRANT COUNTY, TEXAS AND DESCRTARD BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID GRANBERRY SURVEY; THENCE SOUTH 02 DEGREES 24 MINUTES 24 SECONDS WEST A DISTANCE OF 56.52 FEET (DEED CALL) TO A 5/8" IRON ROD FOUND IN THE SOUTH RIGHT OF WAY LINE OF SOUTHLA,KE BOULEVARD F. M. 1709 (R/W VARIES) ; THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS EAST A DISTANCE OF 270.78 FEET TO A 1/2" IRON ROD SET AT THE POINT OF BEGINNING ALSO BEING THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DEED TO THE STATE OF TEXAS AS RECORDED IN VOLUME 2569. PAGE 373. SAID DEED RECORDS: THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS EAST LONG THE SOUTH LINE OF SOU HLA E BOULEVARD AND STATE OF TEXAS TRACT A LeDISTANCE OF 80.Q0 FEET TO AN IRON ROD W/CAP STAMPED CAB FOUND IN - THE WEST LINE OF LAKE CREST ADDITION; THENCE SOUTH 02 DEGREES 1F MINUTES WEST A DISTANCE OF 239.40 PERT TO A 1/2" IRON P I PE FOUND AT THE SOUTHEAST CORNER OP SAID VERNON O. JACKSON TRACT;. THENCE NORTH 88 DEGREES 57 MINUTES 52 SECONDS WEST A DISTANCE OF 80,00 FEET TO A 1/2" IRON ROD SET AT THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO WALTER E. MORRIS AS RECORDED TN VOLUME 8374, PAGE 2186, DEED RECORDS. TARRANT COUNTY, TEXAS; THENCE NORTH 02 DEGREES 16 MINUTES 00 SECONDS EAST ALONG THE EAST . LINE OF SAID MORRIS TRACT A DISTANCE OF 239.83 FEET TO THE POINT OF BEGINNING AND CONTAINING 0 .47 ACRES OR 19.131 SQUARE FEET OF LAND MORE OR LESS. L G:\ORD\CAS ES\480-176.1 RD Page 6 (lire CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-176 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 1'1t pr,,..0 ® _R .,,,�res $1, , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A" ek , q' A R n- - 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; (11w, 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 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 (limme changes should be granted or denied: safety of the motoring public and the pedestrians using the G:\ORD\CASES\480-176.1 RD Page 1 Ds -5 facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake,Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No.480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed G:\ORD\CASES\480-176.1 RD Page 2 SB-le and amended as shown and described below: Being a Q», ;acre tract of land situated in the}befall �* ` Sit g rack , and more fullyand completely �,.,... he bevn �T p y described in Exhibit "A" attached hereto and incorporated herein, from ; 9 t°ka u,® � Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water,parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates,disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances G:\ORD\CASES\480-176.1 RD Page 3 �� 1 affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. MAYOR Lie ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY L G:\ORD\CASES\480-176.1 RD Page 4 SS—Q L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L G:1ORD\CASES\480-176.1 RD Page 5 EXHIBIT "A" (ilk PROPERTY DESCRIPTION A TRACT .OF LAND IN THE H TRAM _GRAN BERRY _SURVEY. ABSTRACT No. 581 , SITUATED IN TARRANT COUNTY, TEXAS. AND BEING A PORTION OF THAT TRACT CONVEYED BY DEED TO VERNON O. JACKSON AS RECORDED IN VOLUME 4044. PAGE 676. DEED RECORDS. TARRANT COUNTY. TEXAS AND DESCRTHRD BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID GRANBERRY SURVEY; THENCE SOUTH 02 DEGREES 24 TIINUTES 24 SECONDS WEST A DISTANCE OF 56.52 FEET (DEED CALL) TO A 5/8" IRON ROD FOUND IN THE SOUTH RIGHT OF WAY LINE. OF SOUTRLAKE BOULEVARD F. M. 1709 (R/W VARIES) : THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS EAST A DISTANCE OF 270.78 FEET TO A 1/2" IRON ROD SET AT THE POINT OF BEGINNING ALSO BEING THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DEED TO THE STATE OF TEXAS AS RECORDED IN VOLUME 2569. PAGE 373. SAID DEED RECORDS: THENCE SOUTH 87 DEGREES 52 MINUTES 16 SECONDS EAST ALONG THE SOUTH LINE OF SOUTRLAKR BOULEVARD AND STATE OF TEXAS TRACT A LeDISTANCE OF 80.00 FEET TO AN IRON ROD W/CAP STAMPED C&B FOUND TN THE WEST LINE OF LAKE CREST ADDITION: THENCE SOUTH 02 DEGREES 16 MTNUT1 S WEST A DISTANCE OF 239.40 PERT TO A 1/2" IRON PIPE FOUND AT THH SOUTHEAST COB R OP SAID VERNON O. JACKSON TRACT: THENCE NORTH 88 DEGREES 57 MINUTES 52 SECONDS WEST A DISTANCE OF 80,00 FEET TO A 1/2" IRON ROD SET AT THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO WALTER E. MORRIS AS RECORDED) TN VOLUME 8374. PAGE 2186, DEED RECORDS. TARRANT COUNTY. TEXAS; THENCE NORTH 02 DEGREES 16 MINUTES 00 SECONDS EAST ALONG TUE EAST . LINE OF SAID MORRIS TRACT A DISTANCE OF 239.83 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.47 ACRES OR 19.131 SQUARE PEST OF LAND MORE OR LESS. L G:\ORD\CASES\480-176.1 RD Page 6 • �j gr(t Southiake Chamber of Commerce 4 o P.O. Box 92668,Southlake,Texas 76092 �� Metro (817)481-8200 Fax(817 329-7497 )outhlake July 14, 1995 0 To: The Mayor and City Council City of Southlake Re: Ordinance No. 480-S; Corridor Overlay Zone; Corridor Study- Urban Guidelines and Land Use Regulations The Southlake Chamber of Commerce exists to promote the civic, commercial and industrial welfare of the City of Southlake. Therefore, the above-referenced Ordinance and Corridor Study are of vital interest to the Chamber and its members. We commend the City Council for undertaking the Corridor Study in an effort to determine appropriate quality standards for commercial development within the City. Commercial development within the City is inevitable, and this Council is charged with the responsibility of setting the standards for that development. We trust that the Council will 4110, exercise its judgment in a manner that will benefit all of the citizens of Southlake, residential and business alike. To this end, we wish to express the views of the Chamber on the issue with the hope that it will assist the Council in developing the final version of Ordinance No. 480-S. Any ordinance controlling commercial development must be realistic,workable and fair. It must encourage business development within the City in order to expand the tax base and reduce the tax burden on the residents of the City. We realize that it is necessary to impose certain standards on commercial development for quality reasons, but we are concerned that some of the standards currently being considered are overly restrictive. Although larger tracts of land along the subject corridors may be developable under the current standards being considered, smaller parcels may be rendered unusable to their owners, thus stifling development and subjecting the City to possible liability. We respectfully request that the Council consider the views of this Chamber before making a final decision on Ordinance No. 480-S, and implement an ordinance which will not unduly restrict quality commercial development within the City. Sincerely, The Board of Directors Southlake Chamber of Commerce khanthea.ard City of Southlake,Texas frt'5/ S MEMORANDUM 0C—ReiCk' July 14, 1995 TT: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Potential Revisions to Ordinance 480-S, Corridor Overlay Zone and the Land Use Recommendations portion of the Corridor Study Redline/strikeout version Following are potential revisions that have been discussed relative to the proposed Ordinance 480-S, amendment to the zoning ordinance and one change that may be considered as a revision to the Land Use Recommendations portion of the Corridor Study. These are shown in realm /strikeout format based on a comparison with Draft no. 6 of the ordinance. ********************************************************************************* Page 3, Section 43.5 43.5 DEFINITION AND APPLICABILITY -The Corridor Overlay Zone includes the entirety of all properties which adjoin or are located within 100 feet of the future SH 114 ROW, the FM 1709 ROW, and FM 1938 ROW c iii t: tie 4 tfW. acc ss o 11. , fi r r-., @ „ B d ° G " @ s, s €"/1 [E V, l B dz*„& wa.y, -. 't � a . Ifku ® 4 1. The Corridor Overlay Zone also includes the area bounded by SH 114, FM 1709 and Carroll Avenue, designated as the Village Center. Development within the Village Center shall meet all criteria for the SH 114 Corridor or the FM 1709 Corridor as established herein. The standards and regulations set forth in the Corridor Overlay Zone are superimposed and shall supersede the standards and regulations of any underlying zoning district which are in conflict. ******************************************************************************** Page 5, Section 43.9.b.1.a b. General Development Standards -,The following standards shall apply to all non-single family residential development in the Corridor Overlay Zone and the Village Center unless noted otherwise. 1. Architectural Standards: (a) Masonry Requirements. All buildings must meet the masonry requirements as set out in Ordinance No. 557 as amended. However, on facades which are visible from SH City of Southlake,Texas 114, Carroll Avenue between SH 114 and FM 1709, 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 Ottb, prO e oifo ifs a,'`ee o` streng ddura. cations. ,,.x ********************************************************************************* Page 5, Section 43.9.b.l.b (b) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) satellt ®fsh shall be visible from SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709 and FM 1938 and adjacent ROW and/or from property.within 400' o `'`.prope> lin`z-, .At et zoned residential or designated as low or medium density residential on the Land Use Plan. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. ********************************************************************************* Page 6, Section 43.9.b.1.c (c) Facade Articulation: On `c -o all non-single family buildings (10,000 sq. ft.) which face,; a1l i,.: e=`,.. �t = om SH 114, Carroll Avenue between SH 114 and FM 1709, or FM 1709 and/or€aee-property a within 400' apjroii z li ' _" zoned residential or designated as low or medium density residential on the Land Use Plan, the following horizontal and vertical articulation must be met (see Appendix A for clarification). , building arca, any front facadc grcatcr than 150' in sus-: 4 A- 2.1/4\' City of Southlake,Texas Ira /IrHorizontal Articulation: No building facade shall extend greater than€eurthree times the wall's height IT, without having a minimum off-set of 15% of the wall's height, and such off-set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane ro ; on all faea11 cb` e ab _ ° ° ® °� ® a 9 0 4 no ed aboy ******************************************************************************** Page 7, Section 43.9.b.l.g.i (g) Height: Same as in underlying zoning. Buildings adjacent to or across the street from residential zoning (or an area j designated for low or medium density residential in the Comprehensive Land Use Plan) shall meet the standards for fr height regulations as outlined in Section III herein. ,...",. i , e i. Village Center: All properties which are located within the Village Center shall be further limited in height to the underlying zoning district or maximum��-,/h `'! elevation of 709 Up feet(National Geodetic Vertical Datum of 1929),'whichever is lower. ********************************************************************************* Page 7, Section 43.9.b.2.a 2. Site Design Standards: (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. ii a P * n , ? .� °. ° 11 o. or ,`. mo`difie O o � sy o , 01 °� o 0 Parkin e . ° ' ' 111 ` ° s°"a f`o andtheRROW.7,; Less.tha a " 5% = 50'"buildingfisetback 26%= % = 100' building-setback 6 G .ter than 75% = 150' building setback A — • City of Southlake,Texas ********************************************************************************* Page 9, Insert new Section 43.9.b.3.(b).i (b) Required Bufferyards: The bufferyard required shall be based on the underlying zoning district designation as shown in Table Two. For S-P-1, S-P-2 and PUD districts the bufferyard shall be determined based on the district which most closely resembles the proposed land use. Any building which has a loading dock which is located at the side or rear of the building and is visible from SH 114, Carroll Avenue or FM 1709 shall provide a bufferyard in accordance with Table One, however the calculated quantity of canopy trees shall be doubled along the rear property line. . 1 El .\ E4C - is Par iTit( s equ sh®:i e o • , iY" 1 0 cr th :t®W e -1 ' c • e. ' l b e buiii IfCis 'Ala'th,A'ROW ,:path' 0llaw, mutt 0'. it .ed to ncre th&id and: (1e � , ` ..,; listings (iiiie Les" =s onnultie�r 26 =; , 02) s Gre ` k ';i4 "' Ex._m p ufferyardg: � eq i ed;.but there t;,r e 'pax �g to atedd et een the build:ry .. e °i b i xe RtO, a e>y rd`iof 10() in. A. _1e®E :. times t le nur Ibb r:o . e . I g wool , ' 0 ng ON E E Nt Fr 0-913 1r, Par®#Si' 1 "" 6 [c6iagca. ,.,D- 1 t, 8 9 o e ,r p= ' r i 1 fe i il 41t4 liI e TL'ifiIl ® , ®b i.:ii 0Y b:::N:: , .j; : bas o s $elj I ®az e'*$ 0 e , liAl i IF theb` a '- sdth ,ROW Les':: o e= :;% 0 sAlfG4laertOtalli(ntitfiaffge) 26:%`:::7. Ito 5 s ft der tall Grea er �. 0 sq,ft perstall kilmv, l 06 . City of South lake,Texas ********************************************************************************* Page 10, Insert new Section 43.9.b.3.g (g) Ope .� drainage Channel Standards:'Any open/ '�3 chann is ithinttie #corridoroverlayzon Mi ti cons r. a f#m als ltmeth as.es b1 °`i CityCouncil' *************************************************** **************************** Page 13-14, Insert new section by City Attorney NOTAVA o L :I = OI I ITY A l'OR VEY BY,F ACKIt TI E Int y�ec on�i'sy� 0 / Ovid or'a o °ci i y y a u`oo'' . w is .n, Ih could 9 7 ®1 l 1 01 1h a1l147® tia ************************************************************************ ' ***f ** Page 26, Land Use Recommendations portion of the study: General• e ew paragrap 1 der "General" • read as folio . . la Il -fir ) 1 f 'i 1 aC • l .l. °4t 1,1 . of t'' n , ® r�'°1%Ir ' ' o:i 4t 1 �1 m, W 6 1 p qq ( , k a, �'sr ;R[ #k� as 54F�1^err td ,T PB , kS fie' Y. 9, "' <. ''Art.,.. �y ^4 � A ,' 6 k, W i1� 3 81,0 4+ E1:1 1' ,1A C:A e� �62 , �p��.a1 1 .. , a a1 ittlf �"1l-'iIC �' o l® .�.8WF: 1 : 1 W ` 'S4 ;.: .:1i+)1''1'. ,: '+1/ 4, : �I11'.., t i i' , . / 1f " / 3;1 0i t 4• o ems. z . ..,.a '�"'�:# � ;•7.zr. For refe ence, "Pad Site"is defined in the sign or'inance as follows. , act, lot, or land lease intended for the single use of a freestanding building typically adjacent to street ROW and may also be a portion of a tract or lot. ******************************************************************************** It is my understanding that we will discuss these amendments and any others and any revisions recommended by Council will be incorporated in the next draft of the documents. If you have any questio s, feel free to give me a call. i GL/_'1� 111 cc: Allen "'.ylor, City Attorney Wayne Olson, City Attorney C:\W PF\PROJECTS\CORRIDOR\MEMOS\CC3-DR6R i • City of Southlake,Texas MEMORANDUM July 14, 1995 • TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Potential Revisions to Ordinance 480-S, Corridor Overlay Zone and the Land Use Recommendations portion of the Corridor Study Clean Version Following are potential revisions that have been discussed relative to the proposed Ordinance 480-S, amendment to the zoning ordinance and one change that may be considered as a revision to the Land Use Recommendations portion of the Corridor Study. ********************************************************************************* Page 3, Section 43.5 43.5 DEFINITION AND APPLICABILITY - The Corridor Overlay Zone includes the entirety of all properties which adjoin or are located within 100 feet of the future SH 114 ROW, the FM 1709 ROW, and FM 1938 ROW or any property which provides for vehicular access to said Rights-of-Way or which provides for vehicular access to an arterial street within 500' of said Rights-of-Way. The Corridor Overlay Zone also includes the area bounded by SH 114, FM 1709 and Carroll Avenue, designated as the Village Center. Development within the Village Center shall meet all criteria for the SH 114 Corridor or the FM 1709 Corridor as established herein. The standards and regulations set forth in the Corridor Overlay Zone are superimposed and shall supersede the standards and regulations of any underlying zoning district which are in conflict. ******************************************************************************** Page 5, Section 43.9.b.l.a b. General Development Standards - The following standards shall apply to all non-single family residential development in the Corridor Overlay Zone and the Village Center unless noted otherwise. 1. Architectural Standards: (a) Masonry Requirements. All buildings must meet the masonry requirements as set out in Ordinance No. 557 as amended. However, on facades which are visible from SH 114, Carroll Avenue between SH 114 and FM 1709, FM City of Southlake,Texas 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. ********************************************************************************* Page 5, Section 43.9.b.l.b (b) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.), satellite dishes or communications antennas shall be visible from SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709 and FM 1938 and adjacent ROW and/or from within 400' of a property line of a tract zoned residential or designated as low or medium density residential on the Land Use Plan. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. ********************************************************************************* Page 6, Section 43.9.b.l.c (c) Facade Articulation: On all non-single family buildings , all facades which are visible from SH 114, Carroll Avenue between SH 114 and FM 1709, or FM 1709 and/or are within 400' of a property line of a tract zoned residential or designated as low or medium density residential on the Land Use Plan, the following horizontal and vertical articulation must be met (see Appendix A for clarification). i. Horizontal Articulation: No building facade shall extend greater than three times the wall's height without having a minimum off-set of 15% of the wall's height, and such off-set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. Further, • City of Southlake,Texas on all facades which are abutting property with existing residential uses, the multiplier shall be two times the wall's height rather than three times as noted above. ********************************************************************************* Page 7, Section 43.9.b.l.g.i (g) Height: Same as in underlying zoning. Buildings adjacent to or across the street from residential zoning (or an area designated for low or medium density residential in the Comprehensive Land Use Plan) shall meet the standards for height regulations as outlined in Section III herein. i. 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 feet (National Geodetic Vertical Datum of 1929), whichever is lower. ********************************************************************************* Page 7, Section 43.9.b.2.a 2. Site Design Standards: (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. i. Parking Lot Impacts: The building setback shall be modified as follows based on the percentage of parking located between the facade of the building and the ROW. Less than 25% = 50' building setback 26%-75% = 100' building setback Greater than 75% = 150' building setback A-30 City of Southlake,Texas ********************************************************************************* Page 9, Insert new Section 43.9.b.3.(b).i (b) Required Bufferyards: The bufferyard required shall be based on the underlying zoning district designation as shown in Table Two. For S-P-1, S-P-2 and PUD districts the bufferyard shall be determined based on the district which most closely resembles the proposed land use. Any building which has a loading dock which is located at the side or rear of the building and is visible from SH 114, Carroll Avenue or FM 1709 shall provide a bufferyard in accordance with Table One, however the calculated quantity of canopy trees shall be doubled along the rear property line. ALTERNATE ONE i. Parking Lot Impacts: The required bufferyard as shown in Table One shall be increased depending on the percentage of parking located between the building facade and the ROW. The following multiplier shall be used to increase both the width and number of required plantings. Less than 25% = No multiplier 26%-75% = Two (2) times Greater than 75% = Four (4) times Example: If a 25' bufferyard 'H' is required, but there is 80% of the parking located between the building facade and the ROW, a bufferyard of 100' in width and four (4) times the number of plantings would be required along the ROW. ALTERNATE TWO i. Parking Lot Impacts: The parking lot landscape area requirements as set out in the Landscape Ordinance No. 544, section 3.4 shall be modified as follows based on the percentage of parking located between the building facade and the ROW. Less than 25% = 10 sq.ft. per stall (no change) 26%-75% = 15 sq.ft. per stall Greater than 75%= 20 sq.ft. per stall ‘impe • City of South lake, Texas ********************************************************************************* Page 10, Insert new Section 43.9.b.3.g (g) Open Drainage Channel Standards: Any open drainage channels within the corridor overlay zone shall be constructed of materials and methods as established by the City Council. ******************************************************************************** Page 13-14, Insert new section by City Attorney NOT AVAILABLE FROM CITY ATTORNEY BY PACKET TIME Intent with new section is to provide for Council having the authority to grant variances to the requirements of the Corridor Overlay Zone rather than the Zoning Board of Adjustment. ********************************************************************************* Page 26, Land Use Reco datjons�ort_on of the study: eneral: Inner paragraph under "General" to read as follows. It is the intent to limit pad sites along SH 114, FM 1709, and FM 1938 to within five hundred feet , (500')of the intersecting Rights-of-Way of arterial streets. Further,no more than two pad sites shall be allowed along any ROW frontage,i.e. a maximum total of twelve(12)pad sites per intersection. For reference, "Pad Site"is defined in the sign ordinance as follows: A tract, lot, or land lease intended or the single use o a_freestanding buildingtypicallyadjacent to street ROW and mayalso.f g f .�' g � 1 le a portion of a tract or lot. **l ************* **** * -- ****************** ******************* It is my understanding that we will discuss these amendments and any others and any revisions recommended by Council will be incorporated in the next draft of the documents. If you have any questions, feel free to give me a call. GL/gl cc: Allen Taylor, City Attorney Wayne Olson, City Attorney C:\W PF\PROJECTS\CORRIDORUv1EMOS\CC3-DR6C City of Southlake, Texas MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Ordinance No. 480-S: Amendments to the Zoning Ordinance No. 480, providing for Special Development Regulations within a Corridor Overlay Zone along SH 114,FM 1709 and FM 1938 Draft No. 6 Dated 6/23/95 Attached you will find draft no. 6 of Ordinance 480-S (Corridor Overlay Zone)as recommended by the Planning and Zoning Commission and as previously forwarded to Council. No revisions have been made to this Draft no. 6, however,the attached draft does include Appendix'B'(slope setback exhibit as referenced in section 43.11) which was inadvertently left out of the copy previously forwarded to Council. I have had meetings with individual Councilmembers in which a variety of amendments to the proposed ordinance has been discussed. These changes as I currently understand them are included in a separate memo as a part of this packet. It is my understanding that we will discuss these amendments with the full Council at the Tuesday night meeting. I will prepare a draft no. 7 to incorporate any changes or amendments prior to the Council meeting on August 1,1995. The Corridor Study recommendations are broken into two separate parts; first is the revisions to the zoning ordinance 480-S which includes the regulations controlling development within the corridors, second is the Urban Design Guidelines and Land Use Recommendations. These guidelines are generally recommendations for the City to pursue over time to create a sense of identity for the City and to raise the quality of certain urban design aspects of the city's corridors. The Land Use Recommendations are recommendations for desired land uses along the corridors. It is anticipated that these recommendations will be evaluated and incorporated, as appropriate,upon the next update of the Comprehensive Land Use Plan of the City. Attached behind this memo are two Bufferyard Summary tables (dated June 2, 1995) for your reference. These are not part of the ordinance. They show all bufferyards that would be in place should we adopt the study as proposed in this draft. It also allows you to see the upgrades in bufferyards from the previous requirements. If you have any questions, feel free to give me a call at(817) 481-5581 extension 744. Tom Elgin, Planner, may also be able to assist you at extension 753 if I am unavailable in the time frame convenient for your questions. GL/gl cc: Wayne Olson and Allen Taylor, City Attorneys C:\W P IIPROJ ECTS\CORRIDOR\MEMOS\CC2-DR6.W PD BA- 1 Loy° :a c u v B' A a s • w al U U 0 C.) A A A A U u C4 u a. 43 a 0 a a • a s 0o 0o co coU C.) C.) C.) a1 3 . -a A ON .. 0 ON V 2 t4 — .c .r u Cl) .0a N _ y ..is.. C..) a < • a < < < a) al al m U U as U A. o v) N r" z u a u optO 3A 5 ax s 0o < a < < < < co al co al al al C.) w Q c 71 al < a • < < < < n al al al 01 al as I c A >4 at3� - ao N• ''' * co CO CA CA CACC1 C.) 0 0 IA W W W U. U. W U. cU A A W a) 0 vi x0 ¢ A, 0 F. O a ca a a a a a a co) (4 cn S a e, cn U) Ncr) U) N � b S O • 0a as al 0o 01 a, 0 0 0 w w w w w w w w w A A w E0 's W �w3 1 1at d d d d d d g g € o , a 0 0 0 0 00 e, 2 cs 3 U • mao .o co 01 a1 01 al m U U U w w w w w w w w w A A w .t * vi a) a1 00 Ca al a1 U U U w w w w w w w w w A A w O o z 0 LI W Ca a, -- -- -' ❑ .5 < a1 O N N x N N N M c N N U * O 0 0 ¢ °� w w U o o c� c� c� 0a m xq Le › N 4 A Ci kPt-2 ( 7MMARY OF BUFFERYARI` June 2, 1995 `eryard Canopy Accent Trees Shrubs Width Note Trees A (existing) 1 2 8 5' B (existing) 2 3 10 10' C (existing) 3 4 12 10' D(existing) 4 5 18 10' E(existing) 1 2 8 10' Hedge- H1 Fl (existing) 3 6 8 10' Fence- Fl F2 (existing) 4 8 12 10' Fence- F2 G(proposed) 2 3 10 25' H(proposed) 3 5 12* 25' I (proposed) 3 2 12* 25' J(proposed) 4 3 14* 25' ir (proposed) 4 6 18* 25' roposed) 2 3 10 20' M(proposed) 3 2 12* 20' N(proposed) 3 5 12* 20' O (proposed) 4 3 14* 20' P (proposed) 4 6 18* 20' Q(proposed) 2 3 10 15' R(proposed) 3 2 12* 15' S (proposed) 4 4 12* 15' T(proposed) 4 5 18* 15' NOTES/LEGEND * Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet (3') or greater must be planted at a minimum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. e H 1 = Hedge of plants with mature height of 3'. Must be 2' tall when planted at 30" o.c. F 1= Wood fence with 6' height Fence F2= Masonry fence with 6' height(some limitations to type of masonry) C:\W PF\PROJECTS\CORRIDOR\BUFF I_V5.WPD $t4 -3 Loo, DRAFT No . 6 6/23/95 ORDINANCE NO. 480-S AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS BY PROVIDING FOR A CORRIDOR OVERLAY ZONE ON STATE HIGHWAY 114, FM 1709 (SOUTHLAKE BLVD.) AND FM 1938 (DAVIS BLVD.); PROVIDING SPECIAL DEVELOPMENT REGULATIONS AND RESIDENTIAL ADJACENCY STANDARDS IN THIS CORRIDOR OVERLAY ZONE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECT (kr DATE. •• ! AS, the Ci . • ' . . . . . • . mg under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the Zoning Ordinance for the City; and WHEREAS, the City of Southlake possesses three major roadway corridors which bring traffic into and through the city, these corridors being State Highway 114, FM 1709 and FM 1938; and WHEREAS, these corridors are planned and designed to allow a unique mixture of residential, office and commercial uses; and L $A�-y (kir WHEREAS, the city council has determined that development of these corridors strongly impacts the values of surrounding and adjacent properties and uniquely affects the growth and development of the city as a whole; and WHEREAS, the city council deems it in the best interests of the public health, safety and welfare to adopt specific development regulations that are applicable to development along such corridors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 43 of Ordinance No. 480, as amended, is hereby amended to read as follows: "SECTION 43 OVERLAY ZONES I. AIRPORT OVERLAY ZONE 43.1 AIRPORT ZONING ORDINANCE - Certain areas of the City are or may be impacted by noise and other activities associated with commercial aviation operations originating and terminating at Dallas/Fort Worth International Airport. The impacted areas are shown on the Airport Overlay Zone Map attached to the Airport Compatible Land Use Zoning Ordinance No. 479 adopted by the City. In addition to the regulations set forth in this ordinance, development in these areas shall be subject to the regulations and restrictions set forth in the Airport Compatible Land Use Zoning Ordinance. 43.2 BUILDING PERMITS - No building permit or certificate of occupancy shall be issued for any use within the Airport Overlay Zone unless such use is in compliance with the requirements of this ordinance and the Airport Compatible Land Use Zoning Ordinance. (liar C:\ORD\CORRIDOR\DR6 6-I4.WPD 8A -S II. CORRIDOR OVERLAY ZONE 43.3 INTENT - In accordance with the Comprehensive Land Use Plan and the regulations in this section, the following summarize the intent for each of the corridors in the City. It is the intent within all corridors to encourage retail and institutional uses to develop at the major intersections where they can benefit from both east-west and north-south traffic access. The State Highway 114 (SH 114) Corridor and the Village Center are intended to be comprised of destination activities such as employment and retail centers. They will reflect comprehensive planning, and have elements of a uniform urban design that mirror the residential quality of the city. The FM 1709 Corridor is intended to be primarily a corridor of residential subdivisions, with some local service retail, offices and institutional uses at major intersections. The FM 1938 Corridor is primarily a service area for Southlake, Keller and North Richland Hills. It is intended to be a mixture of light industrial, large scale retail and wholesale uses. It may include auto service and repair uses. 43.4 PURPOSE - The purpose of the SH 114 Corridor Overlay Zone is to provide for consistent development of office, retail, commercial, and residential areas along a major traffic corridor through the City of Southlake. The purpose of the Village Center is to identify a unique area of the City which is bounded by SH 114, FM 1709 and Carroll Avenue, to encourage pedestrian oriented retail and entertainment uses having high quality urban design characteristics. The purpose of the FM 1709 Corridor Overlay Zone is to provide for consistent developments of residential, office, local service retail and institutional areas along a major traffic corridor through the City of Southlake. The purpose of the FM 1938 Corridor Overlay Zone is to provide for consistent development of light industrial, large scale retail and wholesale areas along a major traffic corridor through the City of Southlake. The standards set forth herein are designed to enhance the visual image of the corridors and maximize traffic safety. 43.5 DEFINITION AND APPLICABILITY - The Corridor Overlay Zone includes the entirety of all properties which adjoin or are located within 100 feet of the future SH 114 ROW, the FM 1709 ROW, and FM 1938 ROW. The Corridor Overlay Zone also includes the area bounded by SH 114, FM 1709 and Carroll Avenue, designated as the Village Center. Development within the Village Center shall meet all criteria for the SH 114 Corridor or the FM 1709 Corridor as established herein. The standards and regulations set forth in the Corridor Overlay Zone are superimposed and shall L C:\ORD\CORRIDOR\DR6 6-14.WPD 3 supersede the standards and regulations of any underlying zoning district which are in conflict. 43.6 PERMITTED USES - Permitted uses shall be in accordance with the underlying zoning district. However in C-2, C-3 and C-4 districts, tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself and nursery yards may only be allowed as a Specific Use Permit. 43.7 ACCESSORY USES - Any accessory uses allowed in the underlying zoning district shall be permitted. 43.8 SPECIFIC USE PERMITS - Any specific use permits allowed in the underlying zoning district shall be permitted. 43.9 DEVELOPMENT REGULATIONS - Except as follows, any development regulations set forth in the underlying zoning district shall be applicable. a. Concept Plan and Site Plan Required - Any applicant for zoning within the Corridor Overlay Zone must submit a Concept Plan concurrent with their zoning application which meets the requirements of Section 41 of the Zoning Ordinance No. 480 as amended. All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to the submittal of a Site Plan. The Concept Plan and Site Plan shall be processed in accordance with the zoning ordinance and state law for changes in zoning. 1. Effect of Concept Plan: All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. If it is determined by the Zoning Administrator that they do not substantially conform, a new concept plan must be submitted and approved prior to approval of a Site Plan. 2. Site Plan - A Site Plan shall be required for a building permit within the Corridor Overlay Zone. The Site Plan shall be prepared and submitted in accordance with Section 40 of the Zoning Ordinance as amended. L C:\ORD\CORRIDOR\DR6 6-14.WPD 4 g�-�l b. General Development Standards - The following standards shall apply to all non-single family residential development in the Corridor Overlay Zone and the Village Center unless noted otherwise. 1. Architectural Standards: (a) Masonry Requirements. All buildings must meet the masonry requirements as set out in Ordinance No. 557 as amended. However, on facades which are visible from SH 114, Carroll Avenue between SH 114 and FM 1709, 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. (b) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) shall be visible from SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709 and 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. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. L C:\ORD\CORRIDOR\DR6 614.WPD 5 V,"^ Lise (c) Facade Articulation: On facades of all non-single family buildings with an area greater than ten thousand square feet (10,000 sq. ft.) which face SH 114, Carroll Avenue between SH 114 and FM 1709, or FM 1709 and/or face property within 400' zoned residential or designated as low or medium density residential on the Land Use Plan, the following horizontal and vertical articulation must be met (see Appendix A for clarification). Further, regardless of building area, any front facade greater than 150' in continuous plane length, shall also meet the following standards: i. Horizontal Articulation: No building facade shall extend greater than four times the wall's height without having a minimum off- set of 15% of the wall's height, and such off- set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. (bwe ii. Vertical Articulation: No horizontal wall shall extend for a distance greater than four times the height of the wall without changing height by a minimum of 15% of the wall's height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. (d) Exposed Columns: Exposed structural support columns shall be constructed of, or clad in, the same masonry material as the principal structure. Architecturally significant columns (e.g. fluted, etc.) may be permitted. L C:\ORD\CORRIDOR\DR6 6-14.WPD 6 $A- (610, (e) Architectural Fencing: All architectural fencing which runs roughly parallel to the SH 114, Carroll Avenue, FM 1709, FM 1938 rights-of-way, shall be constructed of the primary masonry materials of the building, wrought iron or living plant material. It shall not run in straight line without being off-set by a minimum of 6 feet every 60 feet. It shall be located no closer to the ROW than one half the width of the required bufferyard. (t) Reflective Glass: No more than 50% of any facade may be reflective glass. For the purposes of this ordinance, reflective glass shall be defined as glass having a reflectance of greater than 10%. (g) Height: Same as in underlying zoning. Buildings adjacent to or across the street from residential zoning (or an area designated for low or medium density residential in the Comprehensive Land Use Plan) shall meet the standards for height regulations as outlined in Section III herein. i. 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 709 feet (National Geodetic Vertical Datum of 1929), whichever is lower. 2. Site Design Standards: (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. (b) Parking Area Restriction: No parking shall be allowed in any required bufferyard. (or C:\ORD\CORRIDOR\DR6 6-14.WPD 7 IA- to C Le (c) Loading and Service Areas: Loading and service areas shall be located at the side or rear of buildings. A minimum 10 foot solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. This screening wall must also be provided adjacent to any property zoned for single-family use or shown on the Land Use Plan as low density or medium density residential uses. This 10 foot wall must screen the entire loading dock or space. Screening materials shall utilize similar masonry materials to the front facade. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. (d) Trash Receptacles: Trash receptacles shall be four sided with a gate and located outside bufferyards, and to the side or rear of the principal building. They shall be screened by a minimum 8 foot solid masonry screen and shall utilize similar masonry (ire materials to the principal structure. (e) Play Structures: Play structures shall not be placed outdoors between the primary building and any adjacent public ROW (f) Plan Review: In addition to other factors set out in the Zoning Ordinance, Concept Plans, Development Plans, and Site Plans shall be reviewed for: i. Meeting the intent of the landscape provisions in the Landscape Ordinance No. 544, as amended, and the buffering and screening provisions herein and in Section 42 (Bufferyards) and Section 39 (Screening) of the Zoning Ordinance No. 480, as amended. ii. Achieving the intent of Architectural Standards and Site Design Standards. L C:\ORD\CORRIDOR\DR6 6-14.WPD 8 SA-11 (re iii. Proper site entry identification and site circulation to avoid congestion at ingress and egress points. 3. Landscape Standards: All sites shall, as a minimum, meet the following standards and the standards set out in the Landscape Ordinance No. 544, as amended, and Section 42 (Bufferyards)of the Zoning Ordinance, as amended. Where the following standards conflict with the Landscape Ordinance and the Bufferyards Section of the Zoning Ordinance, these requirements shall prevail: (a) Bufferyard Plantings: The plants shown in Table One shall be required per one hundred feet (100') of ROW frontage for the referenced bufferyard. The Landscape Administrator may approve the substitution of canopy trees for the required bufferyard shrubs at the ratio of one (1) 4" caliper • canopy tree for every six (6) shrubs up to a maximum of 50% of the required bufferyard shrubs. (ire (b) Required Bufferyards: The bufferyard required shall be based on the underlying zoning district designation as shown in Table Two. For S-P-1, S-P- 2 and PUD districts the bufferyard shall be determined based on the district which most closely resembles the proposed land use. Any building which has a loading dock which is located at the side or rear of the building and is visible from SH 114, Carroll Avenue or FM 1709 shall provide a bufferyard in accordance with Table One, however the calculated quantity of canopy trees shall be doubled along the rear property line. (c) Plant Material Sizes: The following size requirements shall be required: Canopy Trees - 50% 2" caliper, 50% 4" caliper Accent Trees - 4' (feet) height Shrubs - Deciduous - 15" (inches) height Evergreen - 12" (inches) height (be C:\ORD\CORRIDOR\DR6 6-14.WPD 9 �SA-12, i (d) Plant Material Selections: Plant materials selected for planting within the bufferyards are recommended to come from but not be limited to the following plants: SH 114 Canopy Trees: Bur Oak, Red Oak, Leyland Cypress Other Corridor Canopy Trees: Cedar Elm, Lacebark Elm, Red Oak, Leyland Cypress, Live Oak, Bur Oak. Accent Trees: Tree Yaupon, Red Bud, Eldarica Pine, Wax Myrtle, Ornamental Pear, Mexican Plum, Possumhaw. (e) Sites Larger Than Five Acres: On sites in excess of five (5) acres, the Landscape Administrator may approve variations in the location of the required front bufferyard plantings to an area within two hundred feet (200') of the ROW For every additional fifty feet (50') of bufferyard width, the required number of plantings shall increase by (we twenty-five percent (25%) of the required number. (f) Erosion Control/Retaining Walls: Any slope embankments or retaining walls within public ROW or within the required bufferyard must be terraced every four feet (4') in height (maximum) with a minimum two foot (2') planting area provided between each vertical plane. Materials used for the vertical elements shall be natural stone, railroad tie, landscape timbers or any masonry material which matches the masonry material used on the front facade of the primary building. The planting area must contain plant materials other than grass. L C:\ORD\CORRIDOR\DR6 6-14.WPD 10 8A-I3 III. RESIDENTIAL ADJACENCY STANDARDS 43.10 The following residential adjacency standards shall apply to all properties located within the Corridor Overlay Zone and the Village Center. 43.11 SETBACKS - Setback of Non-residential Structures No building may encroach in the area above a line having a slope of 4:1 from any property line of a residentially zoned property or a property with a low or medium density residential land use designation in the Comprehensive Land Use Plan. However, a structure may be built up to within 40 feet of the residential property line, provided that the structure is no greater than one story or 20 feet in height. See appendix 'B'. 43.12 OTHER STANDARDS - a. Spill-over Lighting: i. No use or operation shall produce direct or indirect illumination across a residential property line from a source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. ii. A nuisance shall be defined as more than two-tenths (0.2) of one foot candle of light measured at the property line. b. Noise: i. Measurement: Measurement of noise shall be made at the residential property line with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. ii. Noise Level at Property Lines: A. Nighttime Noise Level: Noise levels shall not exceed 49 dBA at a residential property line between 7 p.m. and 7 a.m. B. Daytime Noise Level: Noise levels shall not exceed 56 dBA at a residential property line. L C:\ORD\CORRIDOR\DR6 6-14.WPD 11 8A� ' C. Octave Band Standards: At no point along the bounding property line of any lot or parcel in a residential district shall the sound pressure level of any operation or activity exceed the decibel limits specified in the octave band groups designated in the following table: Octave Band Range Decibel Band Limit (cps) (dB re 0.0002 microbar) 37 - 75 80 75 - 150 68 150 - 300 61 300 - 600 55 600 - 1200 51 1200 - 2400 48 4800 - 9600 43 A scale (for monitoring 56 purposes only) Noise Level Adjustments: Nighttime Noise - Between 7am and 8 pm - Subtract 7 db Impulsive Noise - Subtract 7 db (Meter reading changes at a rate greater than 10 db per second) iii. Higher Ambient Noise Levels: Where ambient noise levels from traffic or multiple sources already exceed the standards, the subject source may not increase that existing noise level. L C:\ORD\CORRIDOR\DR6 6-14.WPD 12 - IS L SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. 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. L C:\ORD\CORRIDOR\DR6 6-14.WPD 13 (kare SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning and land use 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 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions ,,o of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. (kir C:\ORD\CORRIDOR\DR6 6-I4.WPD 14 SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS _ DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF .I. , 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney 1 C:\ORD\CORRIDOR\DR6 6-I4.WPD 1 5 TABLE ONE (kow SUMMARY OF BUFFERYARDS June 23, 1995 Bufferyard Canopy Accent Trees Shrubs Width Note Trees G 2 3 10 25' H 3 5 12* 25' I 3 2 12* 25' J 4 3 14* 25' K 4 6 18* 25' L 2 3 10 20' M 3 2 12* 20' N 3 5 12* 20' 0 4 3 14* 20' Le P 4 6 18* 20' Q 2 3 10 15' R 3 2 12* 15' S 4 4 12* 15' T 4 5 18* 15' NOTES/LEGEND * Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet (3') or greater must be planted at a minimum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. C:\WPF\PROJECTS\CORRIDOR\BUFI V5A.WPD L aA19 (hrie TABLE TWO REQUIRED BUFFERYARDS June 23, 1995 Zoning of S.H. 114 F.M. 1709 F.M. 1938 Developing Tract &E. R.O.W. Carroll between 1709&114 AG • * • RE B(G) B(L) B(Q) SF-IA B(G) B(L) B(Q) SF-1B B(G) B(L) B(Q) SF-30 B(G) B(L) B(Q) SF-20A B(G) B(L) B(Q) SF-20B B(G) B(L) B(Q) MH C(H) C(N) C(S) MF-I C(H) C(N) C(S) MF-2 C(H) C(N) C(S) (11Ire CS E(J) E(0) E(R) 0-1 E(I) E(M) E(R) 0-2 E(I) E(M) E(R) C-1 E(J) E(0) E(S) C-2 E(J) E(0) E(S) C-3 E(J) E(0) E(S) C-4 E(J) E(0) E(S) B-I E(J) E(0) E(S) B-2 E(J) E(0) E(S) I-1 D(K) D(P) D(T) 1-2 D(K) D(P) D(T) HC E(J) E(0) E(R) * No bufferyard required () Proposed bufferyards (be C:IWPFIPROJECTS1CORRIDORIBUF2_V5A.WPD gA-P6 Cf. , . ::::::::;;;;.::i;;I:-; (.... z ::.. Sil...... 11:1:::114.eilifitt::.,.:1 0(�__ . . .:: :: _ «;S -. IA »J _U t ` ' ' 'Pai _ Ira Sn i°s-t— N .. fi : € f—.5 Z c - _ice' m,.. Q y J-——--------------- ,, .cc.„„ � —== 2='� = CC tu '4 4 3 _:-____.--------------=—------------.Tr-4- ..__________. N J' ( vr� zo llt (H) ,Q L ..„.........______ :,:„„.::::: ........_. "........ _ _,...........: 0 ::::::::::. ........_..._ _E. .:..,.„_--,.::----,.....- �, r4 o 0 _____________ -..._ — —__ _-- =_ -- .to ! __ -.....-...-=-_______—...—. . j - =- o L - ___ _ Ci :::s.:-_.--... :..,..—Ti • Ci A.tt..4..54.40.-',/,;:.• 0 Q k a to(itare i 1 2 in r att N o 0 (% 'U C � O ,Q O Vv co 0 10 N • O . ! O N 1 'O d ■ N / O i ; � _ O a . m 1- I- I W U • v I T Z NI X . JJ W ' _ a I � ~ Co z N J la ! .0Z aL._._._._.�._ .06 441 N CC• W as in CC 1 c 7 iii CC d-cs & •xr______----wl (1,0„.. 0 u. cc a a i � % MI a) a) NI 0 ZZ COMPARISON OF BUILDING SETBACK AND BUFFERYARD REQUIREMENTS CORRIDOR STUDY PARKING RESTRICTIONS OFFICE MAXIMUM 15%BETWEEN BLDG LINE AND BUFF YARD RETAIL MAXIMUM 25%BETWEEN BLDG LINE AND BUFF YARD SETBACK BUFFERYARD 114 50 50 1709 30 30 1938 30 20 DRAFT ORDINANCE PARKING RESTRICTIONS NONE SETBACK BUFFERYARD 114 50 25 1709 50 20 1938 50 15 OPTIONS ALTERNATIVE L. PARKING RESTRICTIONS MAX 25%BETWEEN BLDG LINE AND BUFF YARD SETBACK BUFFERYARD 114 50 25 1 70 9 50 20 1938 50 15 PARKING RESTRICTIONS MAX 75%BETWEEN BLDG LINE AND BUFF YARD SETBACK BUFFERYARD 114 100 50 1709 100 40 1938 100 30 PARKING RESTRICTIONS NONE SETBACK BUFFERYARD 114 150 100 1709 150 80 1938 150 60 City of Southlake,Texas MEMORANDUM July 13, 1995 TO: Curtis Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Corridor Study- Urban Design Guidelines and Land Use Recommendations Draft No. 4 Dated 6/23/95 Attached is the draft of the proposed Urban Design Guidelines and Land Use Recommendations for the Corridor Study as recommended by the Planning and Zoning Commission and as previously forwarded to Council. No revisions have been made to this Draft No.4. I have not been made aware of any Council recommended revisions to the Urban Design Guidelines. Any revisions recommended at the Tuesday night meeting will be incorporated into another draft and brought forward on the August 1, 1995 Council meeting. The Urban Design Guidelines portion of this study provides recommendations for treatments along the corridors to create an identity for the City and enhance the visual and environmental aspects of the corridors. The Land Use Recommendations portion is a guide which delineates recommended land uses along the corridors. These recommendations would likely be evaluated and incorporated where appropriate in the next Land Use Plan update. If you have any questions, feel free to give me a call at(817) 481-5581 extension 744. Tom Elgin, Planner, may also be able to assist you at extension 753 if I am unavailable in the time frame convenient for your questions. GL/gl cc: Allen Taylor, City Attorney Wayne Olson, City Attorney C:\WPF\PROJECTS\CORRIDOR\MEMOS\CC2_UD4.WPD ri F- 1 .,,,f:,;::: I .-. 0 4.3 L-8 w`tira: . 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I,, 3 t 5 i l_i_.__2 • nzl' N f _ 1- 1 �o i •an'I�-_t ` `Isoya S z q y , 2 �. W U :, I _ ,,,,., o o It� „° LCC 41 = x" II ` a Z O 3 E 4 0 WyI a V) L.--' 1__� riF-Zq [ City of South lake,Texas MEMORANDUM July 12, 1995 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Regulating Public Access on Private Property Second Reading- Ordinance No. 639 The attached is for the Second Reading of Ordinance No. 639, Regulating Public Access on Private Property. I remembered that I failed to mention to you that this ordinance is a voluntary compliance ordinance and if a business does not want to participate, they need only to not erect the signs. The signs will be prima facie to the Police Department for enforcement of the ordinance. Once the ordinance is approved, we will contact all businesses applicable to the ordinance and advise them of what they will need to do if they choose to participate. Please contact me if you have any questions or comments. • t✓ ' BC/bls • (or • City of Southlake,Texas fie MEMORANDUM June 16, 1995 TO: Curtis E. Hawk FROM: Billy Campbell, Director of Public Safety SUBJECT: Regulating Public Access on Private Property The discussion of the regulations for public access on private property was productive and I have incorporated several suggestions into this ordinance. I am attaching the original memo dated May 11, 1995 and a copy of the ordinance with the following additions: - The suggestion by the Mayor to add a minimum sign size in Section 2. - Councilmember Muller's suggestion of permission to park by owner in Section 4. - A disclaimer for employees will be included so they will not be in violation of the ordinance. - The only manner a car will be towed off private property is through the request of the owner or operator of the business premise with the exception of any general towing circumstances that would be required regardless of whether it is public or private property. Councilmember Richarme's suggestion of one year follow-up will be incorporated as a program to be undertaken by the Deputy Director of Police Services. BC/bls L City of Southlake, Texas f MEMORANDUM May 11, 1995 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Regulating Public Access on Private Property As the city becomes more populous it is important that Public Safety be proactive in the protection of its citizens while allowing the general public to participate in local commerce in the regular traversement of the city in a safe and convenient manner. This ordinance will allow any citizen to move about the city,business to business,unobstructed by vehicular or pedestrian traffic that does not pertain to the business in which they are trying to access. The parking lots and areas of a business are for the customers and not an area for gathering of numbers of people in cars with no apparent intent of patronizing the establishments. Highlights of this ordinance are that it is nonmanditorily to participate. It regulates non-customers on private property, participation is indicated to the public by the installation of signs in a conspicuous place as per the ordinance and it sets guidelines for enforcement. t Section I gives the definition of parking and access area and private business premises. Section II states that the owner or operator of a.business may post signs in a conspicuous place with clear wording per the city ordinance. Section III illustrates the violation allows prima facia evidence is when a person enters a signed business area in a motor vehicle and then exits that same parking and access area without parking or entering the business in a repeated fashion. One remaining on the parking and access area of a private business without patronizing the business or for a lengthy stay after patronizing the business is also a violation. Section IV gives the officer some guidelines to follow when considering or determining a violation such as the amount of time a person spends on a parking lot or access area when not engaged in business and/or whether he is congregating with other people and whether the businesses are open or closed. We recommend that City Council consider this ordinance in leu of any other regulatory ordinances such as cruising, curfews, etc. We believe this will allow for some necessary enforcement of vehicular and pedestrian enforcement for general safety. Attached is the ordinance as provided by the City Attorney. (ihme 5 z. BC/bls ORDINANCE NI 639 AN ORDINANCE AUTHORIZING P' i''" BUSINESSES TO POST SIGNS LIMITING ACCESS TO THE B NESS PREMISES; CREATING AN OFFENSE FOR VIOLATING TH IMITATIONS;PROVIDING THAT THIS ORDINANCE SHALL BE I MULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILI CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING OR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLI'ATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFE P DATE WHEREAS, the Ci► of South a' -, exas is a home rule city acting un• - ' charter adopted by the elector. e pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determine that in order to protect the health safety and welfare of its citizens and to assure that business parking areas are not unnecessarily obstructed with the congregation of person's and vehicles and that parking areas are available for use by business customers during business hours; and • WHEREAS, after business hours, the congregation of person's and vehicles on business parking areas, in violation of posted signs, has resulted in cases of chemical abuse, littering, loud and raucous noise, gang activity, and vandalism; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Definitions. In this ordinance: CITY means the city of Southlake, Texas. PARKING AND ACCESS AREA means the private property surrounding a private business, which is used for parking vehicles of the customers of the business or as roadways giving access to the business and its parking areas, including grass, concrete,or other dividing and perimeter areas. PRIVATE BUSINESS PREMISES means the business structure and the parking and access areas of a business or a number of businesses. SECTION 2. Posting signs. (a) The owner or operator of a private business premises may post a sign or signs at or near entrances to the parking and access areas of the business, stating words conveying the following meaning: "Parking and access through this area are reserved for customers of the business(es) only. Others on the premises are in violation of city ordinance" (b) When signs are posted as described in Subsection (a), the parking and access areas of the private business premises are reserved for the customers of the business or businesses located on the private business premises. (c) Signs posted pursuant to Subsection (a) must: (1) be a minimum 12" x 18" in size; (2) must be posted in a conspicuous place at or near the entrances to the parking and access area of the private business premises: and (3) must be easily read by persons entering the area. SECTION 3. Violations. (a) A person commits an offense if the person enters upon the parking and access area of a private business premises where a sign or signs as described in Section 2(a) are posted at or near the entrances, and the person is not patronizing or attempting to patronize a business located on the private business premises. (b) It is prima facia evidence that a person has committed an offense under Subsection (a) if the person: (1) enters the parking and access area of a private business premises in a motor vehicle and exits the parking and access area more than once within a close proximity -2- • of time without parking and entering a business located on the private business premises; or (2) remains on the parking and access area of a private business premises either without patronizing a business or upon completion of patronizing a business on the premises. (c) It is a defense to prosecution under Subsection (a) that the person: (1) has permission from the owner or operator of the parking area, to park a motor vehicle in the parking area, and the owner or operator has notified the Southlake Department of Public Safety that permission has been given; or (2) is an employee of a business located on the premises who has parked a motor vehicle in a parking area of the premises while engaged in the employment. SECTION 4. Determination of violation. In determining whether a violation of Section 3(a) has occurred, an officer shall take ce the following factors into consideration: (a) the amount of time the person spends in the parking and access area when not engaged in patronizing a business; (b) whether the person has joined others who have congregated in a parking and access area; (c) whether the business or businesses are open. SECTION 5. Towing of vehicles. This ordinance does not alter the city's policy concerning the towing of vehicles. The city does not tow vehicles from private property unless the tow is in connection with other police activity. SECTION 6. Cumulative clause. This ordinance shall be cumulative of all provisions of ordinances of the City of (0„, Southlake, Texas, except where the provisions of this ordinance are in direct conflict with -3- the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 7. Severability clause. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. Penalty clause. 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 $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. Pamphlet form publication clause. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than their production. SECTION 10. Newspaper publication clause. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City (toe of Southlake. -4- `-� SECTION 11. Effective date clause. (ow This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. (ire MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney Lope, slake\ordinanc\shopcntr.ord -5- City of Southlake,Texas • MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Ronald J. Harper, City Engineer SUBJECT: Ordinance No. 641, 2nd. reading, Establishing Flood Hazard Reduction, and Repealing Ordinance No. 418 In order for the residents of Southlake to participate in the National Flood Insurance Program, the City-must have a Floodplain Management Ordinance which conforms to the minimum standards of the Federal Emergency Management Agency. In 1988 the City adopted Ordinance 418, which was based on the minimum standards in place at that time. Due to changes in the minimum standards, addition of language dealing with manufactured housing, and the reissuance of the Flood Insurance Rate Maps for the City, we are presenting this ordinance. First reading of Ordinance No. 641was approved at the June 20, 1995 Council meeting. Changes from the current Ordinance 418 have been shown on the new version. The additions included in the June 20th version are highlighted definitions and Articles 6 through 12, which is standard language in other ordinances. Please place this on the July 18, 1995 agenda for second reading. RJ>k-tx-i-eC RH\sm Attachment: Revised Ordinance (kar ORDINANCE NO. 641 AN ORDINANCE PROVIDING FOR THE CITY OF SOUTHLAKE, TEXAS ADOPTING REGULATIONS DESIGNED TO MINIMIZE FLOOD LOSSES; ESTABLISHING PROVISIONS FOR FLOOD HAZARD REDUCTION; ADOPTING THE FLOOD INSURANCE RATE MAPS AND THE FLOOD BOUNDARY-FLOODWAY MAPS (FIRM AND FBFM) ACCOMPANYING THE FLOOD INSURANCE STUDY FOR TARRANT COUNTY AND INCORPORATED COMMUNITIES DATED AUGUST 2, 1995; REPEALING ORDINANCE 418 RELATING TO FLOOD HAZARD PREVENTION AND PROVIDING FOR THE REPEAL OF OTHER INCONSISTENT ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and Lu. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: ARTICLE I STATUTORY, AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. Statutory Authorization The Legislature of the State of Texas has, in accordance with V.T.C.A, Water Code, Section 16.311, et seq., delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Southlake, Texas (the "City") does ordain as follows: SECTION B. Findings of Fact (1) The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare of the citizens of the City. (ow 1 (2) These flood losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. Statement of Purpose It is the purpose of this ordinance to promote the public health, safety and general welfare of the citizens of the City, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (61„, (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in , ®® fleetIplaiits; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 2 • • (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ` i " ... .:ii arc a a �`e�c F`sga P 3 ,. `1,0 iad i1 1 41ei ear S 11 .aC Ito 00, €(tC,, •°: .:dI t E d}°"BY.,. . j �� 1 B's' G~glN€,F..`f L cyft1' C"',1,- ® q 0.31c) a�iaoY €<�P .k, � Y®i e , •- s 0:11,Alas e P. 0 ® J ". 04 "ria:Wkl .11 tr i Q Ili'belo • ",a, ce 14'fiRcm a s n th aea,. i.. rs lei a i . �w �c 1P lffi a W.;.; ° _.v a.n oo�a is °� c dot a k a , "Appeal" - means a request for a review of the Flood Plain Administrator's interpretation of any provision of this ordinance or a request for a variance. "Area of Shallow Flooding" -means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of Special Flood Hazard" - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V. "Base Flood" - means the flood having a one percent chance of being equaled or exceeded in any given year. Lir 3 • "Critical Feature" - means an integral and readily identifiable part of a flood protection system without which the flood protection provided by the entire system would be compromised. omen air) o ` xj:®etl• UoAoe e ,xi»4 "Development" - means any man-made change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavations or drilling operations, .�ro ® �� G 11 �� R' °r ` "Elevated Building" - means a non-basement building (i) built, in the case of a building in Zones Al-30, AE, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones Vi-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A130, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of .. elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. "Existing Construction" -means for the purposes of determining rates, structures for which the "start" k of construction" commenced before the effective date of the FIRM or before January 1, 1975, for firms effective before that date. "Existing construction" may also be referred to as "existing structures." 0 I,/ 'ti[?(1 ®1 '11 1. 1 1 eel'. R 0 yI Q $ 0® cay® / d O✓R' h� I 1. ., F `i, 6 1 1 " �,„_,.a bd�0 KeF-g't! Ii 11 / 1� ! 9n � ,1 € %1 3 0 13 1 c 1 ' 1 ✓ /R sQo � 1 ": 811.r v • • 6 „0.. CQ ! ti® IR ,'otilvi = iT,- 3lowil gtqiiikkc} i1e ,Es 11R-'{o In',.';‘) 6; •66.011,44X6.1 lake<�� ' ® ® r0 e 'a Qw6va Oif kaa/ SYi 1R I / a q 0 I ' p �1 rri.0 R :• I R ® 0 1 .a> �� j'{, ® ,;xt & 0 IR Q ^n..� =�st.4.4 a 41 •-�, 'j< ! 1@ 3 11 @ $@ fl • li µ: 00 p J i1 /' 0 t,tti . -.'&fib e 1 R a i ! 0 sire 11' 1 1 Y `0 it O�E 8 o• 1 t I' • i ont .° 1 Rbs „ "Flood or Flooding" - means a general and temporary condition of partial or complete inundation of normally dry land areas from: 4 (re (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map (FIRM)" - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. "Floodplain or Flood-Prone Area" - means any land area susceptible to being inundated by water from any source (see definition of flooding). )Iclq-✓ 9y e )e4 a 0. - i li` ='c e__WAD• ` 'OF. " ��c i q' ' A r. e e, 1 6 ' •.-—— ® %3¢rc1 ® A' e fr f yd`N, .aii c'€.� i� 6 6 �0 " 3 tlY""' 08 qq 6 e ' le F e e .a'' OE fiA a e6 C' a , e e oce `sic i:i"�, 109) sisSi lr'C1 li .` es k; a c`ciE1 ,hi il:111 f o pia o e a€: l a Ewa e 1 6 y y y• - ,. p r.iiip \ �' 1Ott 4 .,... .`7®tiOtti 3gt ' ,q(.. _ ,fe1 -' 6>a',• ,--. i® e /. 1 „. ", ®q�--„®'. J.`+ :rk,,. l e,: 4a?.t 41 i 1I°r `_ 4 111, Ct-1T. :att Or,: ti,1 ;s�To 94,12, C1''' i,��' "c1 ¢ ; , e. ' 1cIo.`A,,,0 I x k�a s i 6 t cy„ -, c1 0Vi 9.- c 6eP'i �'tr a ' f;1tt '1 ;Gia c.€ c _ e'�,' i (t'1. :ttket 7: i 0:1QA a eins f e® •:t>,. , ' 1.1 l�jt. . (sae i e mow, i ., ,a ;i _�'{�. ? flak c , Sk 1 " R 1 � ' ;fie ) ®.,° �' ® .; ' ® l ce. e � ° o e e "Flood Protection System" - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. '��.tt �•,, � m*e�, � z ' �'� '` ^` aka a" .'«,,,., ,. ,, De ,e0 , e. 70... �iik, 0 erB®lm iC t c 1 er oe�..., s. ' ' e C Fa e�. ': e e -k, ' ° 1 i K) h.ri x it3'aw e' ,e a AOe ee 'g i'T(`r .a .�!i e`..;e e „. a @t;: , , _ ,1 I. -, /.' 1�'Q� a i oil ,:d heir c b... "Floodway (Regulatory Floodway)" - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Functionally Dependent Use" - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, Lee Lyeand ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Highest Adjacent Grade" -means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. i(::'1?) 1L .,,.e ie�y + C° ff i+l `ii� Fs�r,(0 # r, r ;o "'�� a t211 F ii b F i i F€1 / d 'D)14:tti FrQFfs 11[ cy +t zF r,1'101 :elr ttoYr+ €i+� iQ of a? iQ a c#4 4n7 of€ e i11N Rai ,Qi[ r I,' 11(k ailk> 'i�°' es . 7 ciit n, (01441 'r, rt;7i1ee)r "'+ .k'1ems S.to.t C P FFF! ih -NI, le ,1 3$ iT1) G 0 'ROT ls` ® ah ®`i Fpa 31�j i, ea a f„ci�� 4 � }C�:tt;;C c1r :i r t, '° a €(t, Qi t :cr ir c r r i ( E'ae e ° F &€' t: r W ' (�s) ` �, ® �".f,.,,,- <� ['',e � FFAv..0+. ew ',!f F',�� WI,ft* e F aiL. fyii Q e QE aF met F a * a t ° L a ° c a ie ofQ° +.p ' 1 • 1 r e d 'itRIJAWA €t 7 . � , ! , ` `i ? 0:410'°,4 ( ) past( d th" r, e r,/e r `s too states without pr., �:e to er "Levee" - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. "Levee System" - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. "Lowest Floor" - means the lowest floor of the lowest enclosed area (including basement). An unfmished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable 6 non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. "Manufactured Home" - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. .46 !� ;° ffiic,'s ra aT;fir-;4[ e_ r,‘ r' ,eLUv 1. ..°.`Ar ( a r f)` r r o c-zi4Jri 1110144t, it °'L k 1? "Mean Sea Level" - means for purposes of the National.Flood Insurance Program, the National Geodetic Vertical Datum (NKVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New Construction" - means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community. � 0 ram' o <y 6 r °0 0,,,E b r t •s� Y t it ® @ G Ufa ° " Sub®; o m s ri o' .Sp r r � c}r < f ' r ' • oV rr ��r '10 rr r _ '.Id( AiLCJO .r..._ t �e irrirri�acrt �i ,° r i r r �s C �.; ��o 6� 5 t C 6 R� j4 &IA3 �S g ?C ,CiL R t G Q g - ` CkF C f¢ r '' r..: O! ® � Y® 1 6 F �, •'' ® : W of 0 6 e s 41 Q c."6 r nr ; ° �rry9r ° '�,� C t .J6 pety�l City C ea ona r �° o r , r �• .c ' r r E _; o e "'o * eet,� ,ioC r'-r % € it 7 ' r ,ateir ejlit9 -P.0 „sq.,r :s � ® ° ® 8 ® e r r r v i P e r �� ) 1 € 5 P ®t 6 k�t r 6 4'41.7r rr r r r ® r`= ° r i sn ea c� r-z �° sea Sep "Start of Construction" - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act(Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include (by, 7 • excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. _ -t d I A) as 6�i� ®�YeoN !{a`cl lit' o c :fe $ki,011,411!JVA3 7s iF �e"c r 3 k4-4 eit, ,ion p&(cskm, rc f" 3q() cf®)"6 oifu[rft; i :YrifIlLtir . a f fro rj °.4. E t , ,c1i a�a�, N4t7/ s14. ',' i t;w 410 a .1 eik04, e`c l!k— ae "Substantial Improvement" - means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2)if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic (iitir, Places. "Variance" - is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements, see Section 60.6 of the National Flood Insurance Program regulations.) "Violation" - means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. "Water Surface Elevation" -means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverain areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. Lands to which this Ordinance Applies 8 This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City. SECTION B. Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of akc TC• ioe f i rli gc)N,3) , t 1.e teTIOtil o ;," dated July 5, 1982 40.110,4i with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be part of this ordinance. 11101taltoit 'CV*, u ` t, t` r® iirrevAit,i, i" a Bo, rt*01w, Ac�t;coe x:'t€ SECTION C. Establishment of Development Permit A Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. Compliance No structure or land shall hereafter be located, altered, or have its use changed without (tiso, full compliance with the terms of this ordinance and other applicable regulations. SECTION E. Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. Interpretation • In the interpretation and application of this ordinance, all provisions shall be (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. Warning and Disclaimer or Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood 9 damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. ARTICLE 4 ADMINISTRATION SECTION A. Designation of the Floodplain Administrator. The Cityy Manager is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR(National Flood Insurance Program Regulations) pertaining to flood plain management. SECTION B. Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2)(Itor Reviewpermit applications to determine whether a proposed buildingsite will be PP P P reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have • been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in rivcrairz r`i erme situations, adjacent communities and the State Coordinating Agency, which is the Texas Natural Resources and Conservation Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (kir 10 NAt). - 1\ (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B of this ordinance, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State, or other source, in order to administer the provisions of Article 5 hereof. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development(including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 3. ! @®i:Fit(eV`,.^' �`il, 3;6, ,9G9► y m a.ii� 911 ®t ., , ' ®pl 't`0: ®C g. e. K"El i c a' W:4—gt i c' ® 6- 'NS, 011 Oaalar £ fr,:fie"c) r ig;as c e �itic i \ as, kLire *.4-10 6 ,4 a i.: ' w41� oa;,,OUetr.� : SECTION C. Permit Procedures (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including the basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B(2) of this ordinance; and 11 (16., (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. tir6src pr ` 0kie n r:`e Est ° ... de V. , rg e (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger of life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated (IV development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and (j) The relationship of the proposed use to the comprehensive plan for that area. SECTION D. Variance Procedures Lipe 12 (1) The City Council shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The City Council shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the City Council may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. • (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. ;)`> Y or,;tea €-,® '� : r'i 0€'* Nci f = `7 a;l *} .irir -AEL'„r;__ 4 ®r a eterminatio a r n e �._.� __.x < ". . .: ,_3'3'Y"t�§s..igYu. 59`4F�. �-p'�&�: '.'��Fla. ._.,.,. ..�at%Ka° +�.� _ ,..� z..sr�.Y>_„...•:s,,._.. 13 q s o B 1 .` ® 4Y(o a ;✓ �,`t r c Art�t i` � ¢0 q¢�d fr''SEf �Y� 'is 6ro i 1 .® ro,.' F9 3 E gi . r .M ( .. r ' ti ' ik or, ri ra s1��gs ° *.°`CO -: (b) Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances may be issued by a community for new construction and substantial Lie improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (i) the criteria outlined in Article 4, Section D(1)-(9) hereof are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. General Standards In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; kari, 14 (we (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Lof SECTION B. Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(4), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including the basement) elevated to-or atleas A above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)(a), is satisfied. • (2) Nonresidential Construction - new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including the basement)elevated": ' o : : above the level of the base flood level; or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall 15 (6••• certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be no higher than one foot above grade; and (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (lire (4) Manufactured Homes (a) Require that all manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Require that .f ct _a h.o L ifa ® Q a® '_ "-s placed or substantially improved within Zones A1-30, AH and AE on the community's FIRM an exp t � 1 ! , PC ®i 0?0 t02i1S 0 or abeve-the gamanuftur Su iva X e o i i` t a a a ac ed home i "i i o c e a � �� a esul o low ed o a" p° s en oundation uch ' v ' floor oi' c�nann� vr r® lI xnel lev tedi le st;two ifeetabovt' `o 60.2 16 of , ` t be securely anchored to an :I F adequately anchored foundation system ' -° . „ ' 6 ;ails a /F F1 l'fi °f F Q VFF � ;_: F f7rc ° r ;l e ��F� � A F ro�a® a)":;11 iC..._ �r pnlr r�1d,i€�>_inir. � IFfr� i ' i ' �aC's. 6E '19�'�II �Cyl�@�dB� FCS�11 te', )t �1 ";G �'1'a. ��1�Ft ash 6F$�i{ �L6i,pF�`"„`c',g� I4_ ,;Gcii 1(9f r°�81 ` €is)I OFF 4 tab .t FP:0Z A B E �t;; FtGj[ yG�'L'4 `(PL �.'.�+ j0-(0 K iLs', f F + c)F4 ,kFi r Fsa� t c0.3. i ?:cC'�€L:e ' (Z.:Es t ci v9;ri,+ ° t.. tft) �l i7 Yc 18� olel"s FY+y am sq cje�eE a e € IF4 f;® Vs. c ct z • e)19)1i(' 'Ft Pik)@ o of , 11..4S E a,GP .,(" a 11 110aWffiF ,_ZsY�t �`#_P'` ae) ' c ll} a ,1t77. � eT �+� Fri �9Yei � rmac I� f;+ :iL J. )rY,a; ) 41 14 f414 t w1f i,F a. cyt t ' -e 4 '9 F PLJ A_` c,,,. �FEgi ) e N iwt:5 1e .7a 3F`� s �cAe: r3 ,}ate ?I _ C F. cai�att 7 +`, eta $ ) °,,\: f (®f > '(7c, e d � }9FB;ls�sa t , � C � ' L �F r z oft Id a • //-�°��; �, )) ... _ _ tit�� §t _">.. �_� �.j 5h z.`.'�i Ff +,',0) 3Sillil*C)111.P 1\!: ?'. fit P '6 ku{ �Gr aFti4 G€ $6�f TF� a,V, •Z E or �� FE(t `jfraiT 144.4N. it elf car .i` r€t "GR € a t,C`t f•}.> m. 1RF 01. / ,�'.. a A411 FF�� F�6 B G FR3;IFIEF 16 ® FE°p' 0 ql1t . section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. Standards for Subdivision Proposals (1) All subdivision proposals, including manufactured home parks and subdivisions, shall be consistent with Article 1, Sections B, C and D of this ordinance. (2) All proposals for the development of subdivisions, including manufactured home parks and subdivisions, shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B, or Article 4, Section B(8), of this ordinance. L, 17 (4) All subdivision proposals, including manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. Standards for Areas of Shallow Flooding (AO/AH Zones) Located within the areas of special flood hazard established in Article 3, Section B, of this ordinance, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor (including the basement) elevated above the highest adjacent grade at least o,e e depth number specified in feet on the community's FIRM. (2) All new construction and substantial improvements of nonresidential structures (re shall: (i) have the lowest floor (including the basement) elevated above the highest adjacent grade at least /0 e ;: :, : - depth number specified in feet on the community's FIRM. is-speeified-);-or (ii) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C(1)(a), are satisfied. (4) Require, within Zones AH or AO, adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. 18 (100, SECTION.E. Floodways Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. 74'- 144 •�e"K c ■' � . i�l r'ct�® a C P Ei ° iTii ®e 1t. i� T 1 � eu a_c _ °, �l ur rwuwi � �. '18 c�o } �� 66 iC JEP�.R t1 0 @E'y =a � a � eb � "` co ar air, "�. r � ® yyll, � � 3er �yi®�� oe ""_v . , „„„4 ARTICLE 7 SEVERABILITY, PENALTY, DECLARATION OF EMERGENCY, AND EFFECTIVE DATE If any scction, article, paragraph, sentence, clause, phrase or word in this ordinan.cc, or • effect. SECTION B. Penalty 19 (be .tDollars 00) and a separate offense shall be deemed ted upon eaeh day during which violation. continues. SECTION C. 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MAYOR ATTEST: CITY SECRETARY L 21 (haw EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney L (kr 22 f_ e c)— kir ORDINANCE NO. 641 AN ORDINANCE PROVIDING FOR THE CITY OF SOUTHLAKE, TE t ADOPTING REGULATIONS DESIGNED TO MINIMIZE FLOOD LOSS Dk.; ESTABLISHING PROVISIONS FOR FLOOD HAZARD REDUCTIO ADOPTING THE FLOOD INSURANCE RATE MAPS AND THE FLOOD BOUNDARY-FLOODWAY MAPS (FIRM AND FBFM) ACCOMPANYING THE FLOOD INSURANCE STUDY FOR TARRANT COUNTY AND INCORPORATED COMMUNITIES DATED AUGUST 2, 1995; REPEALING ORDINANCE 418 RELATING TO FLOOD HAZARD PREVENTION AND PROVIDING FOR THE REPEAL OF OTHER INCONSISTENT ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city actin_ unde • . • -r adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: ARTICLE 11 STATUTORY, AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. Statutory Authorization The Legislature of the State of Texas has, in accordance with V.T.C.A, Water Code, Section 16.311, et seq., delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Southlake, Texas (the "City") does ordain as follows: SECTION B. Findings of Fact (1) The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare of the citizens of the City. L (2) These flood losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. Statement of Purpose It is the purpose of this ordinance to promote the public health, safety and general welfare of the citizens of the City, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 2 (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Alluvial Fan Flooding" - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. "Apex" - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. "Appeal" - means a request for a review of the Flood Plain Administrator's interpretation of any provision of this ordinance or a request for a variance. "Area of Shallow Flooding" - means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of Special Flood Hazard" - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V. "Base Flood" - means the flood having a one percent chance of being equaled or exceeded in any given year. "Critical Feature" - means an integral and readily identifiable part of a flood protection system without which the flood protection provided by the entire system would be compromised. 3 "Basement" - means any area of the building having its floor subgrade (below ground level) on all sides. "Development" - means any man-made change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials. "Elevated Building" - means a non-basement building (i) built, in the case of a building in Zones Al-30, AE, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones Vi-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A130, AE, A, A99, AO, All, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of.. elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. "Existing Construction" -means for the purposes of determining rates, structures for which 411. the start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for firms effective before that date. "Existing construction" may also be referred to as "existing structures." "Existing Manufactured Home Park or Subdivision" - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to affixed (including, at a minimum, the installation of utilities, the construction of streets, and either the final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the City. "Expansion to an Existing Manufactured Home Park or Subdivision" - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either the final grading or the pouring of concrete pads). "Flood or Flooding" - means a general-and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface waters from any source. 4 "Flood Insurance Rate Map (FIRM)" - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. "Floodplain or Flood-Prone Area" - means any land area susceptible to being inundated by water from any source (see definition of flooding). "Floodplain Management" - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain Management Regulations" -means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Flood Protection System" - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. "Flood Proofing" - means any combination of structural or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway (Regulatory Floodway)" - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Functionally Dependent Use" - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. 5 "Highest Adjacent Grade" -means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic Structure" - means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or: (2) Directly by the Secretary of the Interior in states without approved programs. "Levee" - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. "Levee System" - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. "Lowest Floor" -means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. 6 "Manufactured Home" - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. "Manufactured Home Park or Subdivision" - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean Sea Level" - means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NKVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New Construction" - , means r the ur ose o � rrri ura` ates or ,. ! 1 6 ( e o! sy0 I! !9' :® ` i ,! 6 „ ns y n m date o 60 0 a pia 't AtIfentelorial&fitetttbnt A 1 ifatti, y s e. ient nts `out tru tiures "New Manufactured Home Park or Subdivision" - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to affixed (including, at a minimum, the installation of utilities, the construction of streets, and either the final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the City. "Recreational Vehicle" - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. "Start of Construction" - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act(Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabihtation additioon;placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the 7 Cry construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure ° Ae . E € aEEE3� iss € � s ; €�� E E • 1 EMI i Ex•� �� ,W 1 a i i e- r \iE 1)1 ! D p E E ei a i s iAda E 1 a ,ru "Structure" - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial Damage" - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged-condition would equal or exceed 50 percent of the market value of the structure before the damage occurred "Substantial Improvement" - means any rcpair, reconstruction, rehabilitation, c � s , or �j�4 improvement equalspercent ..� � �� other m rovement of a structure, the cost of which or exceeds 50 of the market value of the structure cithcr (1) before 7 a improvement or-repair-is a �� occurred. f s,s i.� 7 a6 b •• "� ,�n�� Eof. , 1 . ' e ( rform The term does not, however, include either: (1) Any ro ect for improvement of a structure to correct comply with-existing i atio,o +f state or local health, sanitary, or safety code specifications which iay—= E 11, enf rcement fficial an `vhic r 1/ eee$$ , ir(2)any alteration of a "historicstructur-' 1 k ,., a preeludeth "Variance" - is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements, see Section 60.6 of the National Flood Insurance Program regulations.) "Violation" - means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. 8 "Water Surface Elevation" -means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. Lands to which this Ordinance Applies This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City. SECTION B. Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Tarrant County and Incorporated Communities," dated August 2, 1995, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be part of this ordinance. In addition, the City may require developers to provide additional studies of floodplain areas based upon the proposed future development in the area. SECTION C. Establishment of Development Permit A Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordnance, asement covenantoreed, restrict,conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 9 L SECTION F. Interpretation In the interpretation and application of this ordinance, all provisions shall be (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. Warning and Disclaimer or Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. ARTICLE 4 ADMINISTRATION SECTION A. Designation of the Floodplain Administrator. The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. SECTION B. Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit applications to determine whether a proposed building site will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. 10 (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the 'areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Texas Natural Resources and Conservation Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B of this ordinance, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State, or other source, in order to administer the provisions of fliar Article 5 hereof. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provision of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA. SECTION C. Permit Procedures (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited 11 to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including the basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B(2) of this ordinance; and (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (e) Maintain a record of all such information in accordance with Article 4, Section (B)(1). (2) Approval or denial of a Development Permit by the Floodplain Administrator shall 411, be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger of life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (1) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 416r 12 (g) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and (j) The relationship of the proposed use to the comprehensive plan for that area. SECTION D. Variance Procedures (1) The City Council shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The City Council shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the City Council may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). 13 (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances are as follows: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (101) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (i) the criteria outlined in Article 4, Section D(1)-(9) hereof are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. General Standards In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: 14 (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(4), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including the basement) elevated at least two feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)(a), is satisfied. (2) Nonresidential Construction - new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including the basement) elevated at least two feet above the level of the base flood level; or, together with attendant utility and sanitary facilities, be 15 ` designed so that below the base flood level the structure is watertight with walls fir• substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are n r subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be no higher than one foot above grade; and (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes (a) Require that all manufactured homes to be placed within Zone A oa cps � Vi or shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or(iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be 16 elevated on a permanent foundation such that the lowest floor of the manufactured kry home be elevated at least two feet above the base flood elevation must be securely anchored to and adequately anchored foundation system to resist flotation, collapse and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at least two feet above the base flood elevation. (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A1-30, AH and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C(1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. Standards for Subdivision Proposals (1) All subdivision proposals, including manufactured home parks and subdivisions, shall be consistent with Article 1, Sections B, C and D of this ordinance. (2) All proposals for the development of subdivisions, including manufactured home parks and subdivisions, shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B, or Article 4, Section B(8), of this ordinance. L 17 • (4) All subdivision proposals, including eo n li . ufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals, including ; i mntomanufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. Standards for Areas of Shallow Flooding (AO/AH Zones) Located within the areas of special flood hazard established in Article 3, Section B, of this ordinance, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor (including the basement) elevated above the highest adjacent grade at least two feet higher than depth number specified in feet on the community's FIRM. fir„ (2) All new construction and substantial improvements of nonresidential structures shall: (i) have the lowest floor (including the basement) elevated above the highest adjacent grade at least two feet higher than the depth number specified in feet on the community's FIRM. (ii) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C(1)(a), are satisfied. (4) Require, within Zones AH or AO, adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. 18 461,, SECTION E. Floodways Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other developmenti s the adopted regal unless t �® � , ,, em 4 trated�� o �ydrologic and hudrau' oW; .h Cco + . lc Stan rd gineermg practice tha ,rZp certification by a professional registered engineer or architect is provided demonstrating that encroachmentsencroachments-shall-rOP of result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12. of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations provided that the community first applies for a conditional FIRM and floodway revision through FEMA. ARTICLE 6 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 418 is hereby repealed. ARTICLE 7 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since 19 the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. ARTICLE 8 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. ARTICLE 9 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 217 or any other ordinances affecting the (zoning; fire safety; etc.) 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. ARTICLE 10 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. ARTICLE 11 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. ARTICLE 12 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 20 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF kir , 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney 21 i 2 City of Southlake,Texas MEMORANDUM July 14, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-175, Second Reading ZA 95-51 Rezoning and Concept Plan/La Poloma (formerly Canterbury Parc and Huntington Estates) iREQU TED ACTION: Rezoning and Concept Plan for Canterbury Parc, formerly Huntington Estates, 10.0236 acres situated in the O. W. Knight Survey, Abstract No. 899, Tracts 4A, 4B, and 4C The development proposes seventeen (17) residential lots with a density of 1.76 du/ac. L ATION: 620 South Carroll Avenue on the West side of South Carroll Ave., approximately 1700 feet North of East Continental Blvd. OWNER: Paul L. Schell APPLICANT: Blackard Industries, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-20A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Four(4) RESPONSES: One (1) written response within 200' notification area: • William and Zena Rucker, d/b/a Rucker Family LTD Partnership, 650 S. Carroll Ave., is in favor of the plan, however,Mr. and Mrs.Rucker commented that they would (or like the plan to specify: trees fifteen (15) feet in from 1G- I City of Southlake,Texas MEMORANDUM CURTIS E.HAWK ORDINANCE NO.480-175,ZA95-51 PAGE 2 fence; one (1) house per corner fronting the western property line; correct water problem; and a closed storm sewer system. (letter received 06-05-95) P & Z ACTION: June 8, 1995; Approved (6-0) ZA95-51 Rezoning and Concept Plan for Huntington Estates, subject to the Concept Plan Review Summary No. ldated June 2, 1995; deleting items #5b and #7b, and noting on the record that the developer, on his own submission, has provided a 70 feet R.O.W. at the entrance. COUNCIL ACTION: June 27, 1995; Approved (4-3) ZA95-51 Rezoning and Concept Plan for La Poloma, subject to the Concept Plan Review Summary No. 2 dated June 16, 1995, deleting item #4D (sight triangle comment). STAFF COMMENTS: The Applicant has met all of the review comments of the Concept Plan Review Summary No. 2 dated June 16, 1995, with the exception of those items addressed in the attached Concept Plan Review Summary No. 3 dated July 14, 1995. KPG/lms G:\WPF\MEMO\CASES95\95-5IZC.2CC L 7G Z w. J 1.1I �' 111ApLY sr l,. MILER �RRU'. INTER A�A .1 n K, a`o M x Lx 11 15°'• VE�/ 0 i GE- I 11 A I- ;CHOW. ens D M', - Ai... 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WNR t .k GU,X — —.� ..K. a(( ,,• — -- 1 ,I iff5 •X 9 1C1. 7\ a'. --- X, so n k SMIT �'" 1f fRIRVIk l� I l ,_r FA ---1-1 0 10 At 1.1 iB1 Y ib ' Li r X tNE ORY t 2.... z i \ 1 °' eexi I is b 61 6 >w1 GL • i ` OUM IN .,./,,`'•4 • G K• Yl Li. 'ok m(J u.k I c• PpRI 1 1- L 7 t3µ ! • (l,60 I 1 1 ii A I�` '1 2.1 > Y r1. ,. a1 I. )" x xl r. . e w m IA ).1 p w. _y N 1- k I 1 N ti V l00—J n 0- ,in w U M wi A. -- "1 6 �R.- MT r -1 HALL • • t xi� 'iaT ',Tiu-ilk_ 7b-1�, . 1 ♦ Ixal k FU k f741.IS.IS YUII�ol�lSlll'U `µ. •'w•, l l _ M1 sr 1!- .n.1 1. f , . Mr •.rl/ \ --.--..__ TO Yl1k M - TX M. .i� Ir II♦ 1 I �' bM4 Y1NYl`�I�IIIV�J'pO,OYW�I\ ]11k 7�J -_r1�_rm.. J •' I- Q - -- -- 1i PI s X HARRISON DEC K EIR r, 4 , > I 1... —� Y1 1.Y. .,. z `� l i w,� tot „� �I I .*.?ki,i' . :,-:-. •• . I ' '‘AA ' / ( rJl9� c • TRACT MAP,.., i �t j , ,, (R • , . ,, .,. ./ Y y „ 1 . •1 •J �.R�� FI)t�. I I n(jk. ,. . . )I✓I,...� I /,�\ \ , 1 Ut.L I . IHFA�,•NI'P\I- I I,1914tt j 014 ; k' "�- 1 \\ 1 I t1` I ,I c;\ M I , j 1 t�,J1A ) I Ilk)" 1� tI1 I 7c_3 r r ,,w, r t 1 A' KE5 V�, ( �� . 1 ,r• owl'I 1 i` la ''1'1v' (or. co 4 m j L f0 0 u 22 NW ^^� W (1 OVJ N I CO t O U NL s n) 1 LL += Y cn (l) I w . OZ • O 41"P' �1 N c n W cts N °' 0 Z F cc ..? Q \\% \\I `- N 00 00 0 as a a 0 Q O. \ , < C U • U • CC Li_ -L.. • , Z • Q 7 -4 m . City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 95-51 Review No: Three Date of Review: 7/14/95 Project Name: Concept Plan -La Polomo (formerly submitted as Canterbury Parc & Huntington states). 10.0236 Acres. O.W. Knight Survey Abst.#899 OWNER/APPLICANT: ENGINEER: Blackard Industries. Inc. Warren E. Hagen 4444 West Grove. Suite 200 500 Grapevine Hwy.. Suite 472 Dallas, Texas 75248 Hurst. Texas 76054 Phone: (214) 380-4805 Phone: (817) 577-1952 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/12/95 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. Sight triangles at the southeast corner of Lot 17 and the northeast corner of Lot 1 are incorrectly shown. Please note that the walls shown encroach the sight triangles and must be relocated. (See enclosed sight triangle exhibit) * The applicant should confer with the City Engineer and Fire Marshall in regard to the subdivision entrance design and gate location to insure adequate traffic stacking and turn around space. * The front building setback lines for Lots 8, 9 and 10, Block 1 are in excess of the required setback, and are unusually configured. * Although there are a few lot lines which are not perpendicular or radial,they appear to meet the intent of this requirement. * Denotes Informational Comment enc: Sight triangle exhibit cc: Blackard Industries, Inc. Warren E. Hagen David C. Moak Surveyors,Inc.,P.O. Box 1034,Hurst, Texas 76053, (817)268-2211 G:\WPF\REV\95\95-051 CP.W PD 7G-5 • I I . All lots within the extraterritorial jurisdiction of the City (re shall have a minimum 40' building setback line from all streets adjacent to the lot . J. All lots within the City Limits shall meet the requirements of the zoning ordinance of the City. Section 8 .02 Sight Triangle: A. Definition: A sight triangle shall be the triangle created by connecting a point which is 10 feet along the R.O.W. at the intersection and a point extending away from the intersection a distance of 40 feet (see Figure 8-1) . This line shall extend by projection to the back of curb on improved streets or the edge of pavement on unimproved streets along both streets impacted. The sight triangle herein referenced shall include all area between the above defined line and the street pavement. (Amended Ord. No. 483-A) B. Restriction: There shall be no tree, shrub, plant, sign, soil, fence, retainer wall or other view obstruction having a height greater than two (2) feet within the sight triangle as defined above. This height shall be measured above a line drawn between the top of curb or edge of pavement of both streets at the point where the referenced line intersects the top of curb or edge of pavement. (we 1. This restriction shall not apply to trees within the triangle having a diameter of less than twelve (12) inches when such trees are trimmed at all times so that no branch or growth is less than seven (7) feet above the above referenced measurement line. C. Plat Requirement: All final plats which are subject to the regulation of this ordinance and have intersections of public R.O.W. shown on the plat shall have the following statement on the face of the plat prior to filing in the County Plat Records. "The owners of all corner lots shall maintain sight triangles I in accordance with the City Subdivision Ordinance. " Section 8 . 03 Monuments and Markers: A. Permanent Survey Reference Monuments: Concrete monuments, eight • (8) inches in diameter and twelve (12) inches long, shall be placed on all boundary corners which are along existing dedicated R.O.W. at the perimeter of the subdivision. A 5/8" diameter iron rod having a minimum length of 18" shall be placed flush with the top and at the center of the concrete monument. The monuments shall be set at such an elevation that they will not be disturbed during construction (Pe 7G-& • 1 STREET 40' 10' 1\--PROPERTY/R.O.W.LINE Co' BUILDING LINE \ I 1 BACK OF CURB I • 1 1 SIGHT TRIANGLE C ?G- 7 1 ' �J . t 1 $ 1 so i C\SI t ii ! esx' ` j a c if JE R tY N 4. > > i 13 < — o :1: - 7f -3 N �i 3 • R 111 ill ; .fie 2 >< 8 5 4. •__ i i f E i l s 14 I o l III of I z ,s Fr' - / 1 1 .s 'i1t • Ili -tr— r t •1 - 4 ' { "" `I J,fi -- ! — — '---- — — E. s of I z t i •I . I �� i 1 rc( I I .... — a x; 1 : ,---U ri wz,:ci i 0:: - + , _,,,...71—-71 r CV t!'. I `'' �.. - IIITtt il - ' I -/ IT.1�..4Phtt ' flllll h I III "� 111 = 11111 ,------ .1 o I. it ' n ., a l..!" it "' . I�.' �1 +sue.-. 11 < h '� 1 I' z s to I,}I' , ; v ,—t `y^ i1'. I—— 6 • 1 ro 4 ' �• _, z a.- M 14) - +. . 1.3 + I t - ,.,1` sae' $. ry r • 1 tl 1 ^I ) .yI i3 Q3G .�f f! t I ' 1 • ) 1 1 I �Z�� ' I I � ' Y I t , + Z<, i. it ' 1 1 P I K m J5i:t 7 1 I c I • I 1 v , . iii"... - Igo: . ...1. • • fl t • i11 1 .\ a • .L_ t_ lit - - ---- ,1 ` ,.., i -lc- - g a•elelac< (Ire CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-175 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 10.0236 1 ACRES SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, TRACTS 4A, 4B, AND 4C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 ome ru e City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these c:wRD\CASFSl4g0-1 n.2RD Page 1 IC_61 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 (60., of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, G:W RD\CASFSU80-175.2RD Page 2 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 10.0236 acre tract of land situated in the O.W. Knight Survey, Abstract No. 899, being Tracts 4A, 4B, and 4C, and more fully and completely described in Exhibit"A" attached hereto and incorporated herein,from"AG" Agricultural 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. C:\ORD\CASE\486I11.2RD Page 3 ?G—1 Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1995. (iipe MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: Lipe CITY SECRETARY C:\ORD\CASES\4g0-175.2RD Page 4 76-12 L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (IIor' (we c:wan\CASES 4 O-L7s.zan PaEe 5 1c r, • (be EXHIBIT "A" ALL of that certain tract or parcel of land situated in the 0. W. KNIGHT SURVEY, Abstract No. 899, Tarrant County, Texas and embracing the tract described in the deed to Paul L. Schell and wife, Mary Schell recorded in Volume 2851, Page 198 of the Deed Records, Tarrant County, Texas and described by metes and bounds as follows: BEGINNING at the Northeast corner of said Schell tract, being by deed call 1307 varas South of the Northeast corner of said Knight survey, and being in South Carroll Road (County Road No. 3021 ) ; THENCE South 00 degrees 17 minutes 33 seconds West with the Easterly boundary line of said Schell tract and the Easterly boundary line of said Knight survey (as cited in said deed) 457 . 63 feet to the Southeast corner of said Schell tract; THENCE South 89 degrees 55 minutes 20 seconds West with the Southerly boundary line of said Schell tract and passing at 16 . 76 feet a 5/8 inch steel rod found, in all 952 . 78 feet to a 5/8 inch capped steel rod stamped "SMLS" found for the Southwest corner of same; THENCE North 00 degrees 17 minutes 30 seconds East with the Westerly boundary line of said Schell tract 458 . 92 feet to a 3/4 inch steel rod found for the Northwest corner of same; • THENCE EAST with the Northerly boundary line of said Schell tract and passing at 936 . 16 feet a 5/8 inch steel rod found, in all 952. 78 feet to the place of beginning and containing 10 . 0236 Acres of land, more or less. L G:wR D\CAS ES4 SO-I l5._R D �J I - t6 g c; to "� Y 1 1 = i 13 0 - @ _ �ZZ x EXHIBIT"B"L' z g r J3 < l�- 73 "� . i SEE N j 00 1.. .4 b N 1 • u p ii 1 fig , ° a` a r 2 ill: a gz ` u = s i , I5 gl. " dV 9i : Edii ! t 7 O I I I I .n.n.r I I o i O u 1$ Vail / I I #1 `i; 'iI " I I . e I 1 L � � — m- iII _ I— _ I I' tif ts'Lc _.a 4s,Fm s aroT.Hann's - :•,''r'''%i•, _� - _ __ .w.•._.. 4 l — Sti4='.I1'i• 5 . —-—--—ii---—-—-— :: ij :: 1 x$ I Nl *I 0 : I I u • ,._ I I v . — �, r yi ` I l 11 113 ci Lr H1 ' ", : -- , .. • d —� fl �"� Illll �-- — �' .I Io I' I ' 3 11 11 L f EI , 11,, i ' �. ill _ �J I 1 I Ij I�11 —1 1 V_ L^.+� 1 'l i— 6 o .h^^III I ' _ ,� _, _ 1 i - i. . I k II1 I —11►' o� ozcY z. jtli °� 'it1 I I I .1 - - - <i cP0t;ii I _ < 4 _ 1 1 1 I 'I I. I +1 I. "o� 1 i• it 4k ca — 1 i F . miir • •r I .. ILL —,,, NIP. \-".°°"-,s xr" -,, --\..._ / r S:‘,.•' S1 i I 1 0 1 • 11 ` • ._. liklb. ____-\--• I (11111110.' ...... 76rs ► ' G:IDRDICASESVINO,125.2RD I <T1."•CG-^' CCC P.A<7 ...i,1.... City of Southlake,Texas MEMORANDUM July 14, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-174,Second Reading ZA 95-49 Rezoning and Concept Plan/Ridgewood II REQUESTED ACTION: Rezoning and Concept Plan for Ridgewood II, being 19.0 acres situated in the J. J. Freshour Survey,Abstract No. 521, Tract 7 The development proposes 31 residential lots with a density of 1.63 du/ac. LOCATION: North side of Johnson Road, East of Ridgewood I, approximately 2200 feet East of Pearson Lane OWNER:APPLICANT: CURRENT ZONING: REQUESTED ZONING: LAND USE CATEGORY: Daphine W. Johnson PIMA Properties, Inc. "AG" Agricultural "SF-20A" Single-Family Residential District Medium Density Residential NO.NOTICES SENT: Thirty(30) RESPONSES: Four(4)written responses within the 200' notification area: • Glen Etux Lynn Burda, d/b/a GRB Construction, 2795 Johnson Rd., is in favor of the plan;however,he asked for a relocation of the exit for Ridgewood II which is directly across from his residence and driveway. (letter received 06-06-95) • Daphine W. Johnson, 2840 Johnson Road, commented on the "sewer system and improved road." - l City of Southlake,Texas MEMORANDUM CURTIS E. HAWK ORDINANCE NO. 174,ZA95-49 PAGE 2 • Jack L. Johnson, 2710 Johnson Road, has concerns about surface water drainage damaging his property. • John F. Mc Carthy, 700 Overland Trail, is in favor. P &Z ACTION: June 8, 1995; Approved (6-0) ZA 95-49 Rezoning and Concept Plan for Ridgewood II, subject to the Concept Plan Review Summary No. 1 dated June 2, 1995. COUNCIL ACTION: June 27. 1995; Approved (7-0) ZA95-49 Rezoning and Concept Plan for Ridgewood II, subject to Concept Plan Review Summary No.2 dated June 16, 1995,deleting item#3 (street stub to the east). STAFF COMMENTS: The Applicant has not made any changes since the Concept Plan Review Summary No. 2 dated June 16, 1995. Attached is a copy of Concept Plan Review Summary No. 2. KPG/lms G:\WPF\MEMO\CASES95\95-49ZC.2CC (kw, Z, jL1 L- lc. IGOR, i 20 6O11 4 °' _ -RI1, ' L ,, - 2A1 2A 6A2A .: IQ ; TT x T- I-- -- -• 6A2 •' " MILL. ` 99 w • a+p . . RA I. J. W&,LaIEcI /. ;14CS '► SURKY A-1604 E , , -- 1 I . I I ' 6A1 1AtA1 '.' Cm -' /*ry\rA1 66 ke )' 1 ��f jjj-- 1 1 6012 6e ,•: i _�_ '1.---. =1f4"1.\-aj.l3?D` •- -- _ '2111-T-I-r 1-7-• - f ,� IA1A --- - t-. j 1 6 681A�S81 ,. p�,r • 3 , ��t _ ' DJ"l� -4- -T- 1 ti+T1.,_f4'� 2 a�ahAlA IAIA IAIA IAIA 1AlA2A -1 _- . � I 1 -� , I . ' _, t ,�7_°Ix 2 20 2E 6 6A1 , MTA '' -1 ✓_ , 7 J(---J 1 , , , r-. 6N5 6g3 ' ........ -' -, .ii- ',- 4-_ , - -I ' '--_r_I_1_1-,- 1_. . I! IAIA2C - __ I I- , I -,re E5 ' t 1 6e11 " 0 = 68 6A • -�f P, s -,- - •- 4 1 ; KELLER CIT LIMIT . i I 3►3 Y10-� 301`3e SA 3 X XIA j 20 9 f I. 3 f ffA2 fAIA /� ralJ. ,{�3 f,� Ste f1C a o ? ; .1 • RD V SU0Kr A-Slf , I",,GJ RI' ,e -__.2A 3GI 6 ! , fA 1AI .I __ Ow �� ! ri EWER '�- E� RTN4 fe I 0 1 -YIS-'� >02 � IEI CD r 9 v( ,471 P✓' E 1 • I�� —3R 3H1 , Il l• I ,' 102 10 x N --- .2,-f--, ---VI. I' x 'N I li :a3 10 M al IG1._ -t - .- sat x 2e 7A so 0A2f A.EHER' °t` 6 Abe 79 4 1 (` 4 Mt -;-,.r- JOHN -HO- DI 2.eAt 2 Y. 2 1 aJ .G' RNLI'. �oE if a. e i A _4--}- :1 2 21" - ❑--£ - - c f.6y/Sr I •ME! — 2 2A`.: S _ _; -- - - ApDR V e"' e e ee �I - _ -r - — ----- - --- - _ -1 Ie 16 . • ics IC I H xS • �` 2C7• 2ne xt x3 XI t12G2 , —1 1 J. J M RSoN _ << - ' 'I 123 ill. ' FLORENCE tgRAKE I �!�® m let . _ - 6.3 Ac ELEM. 12.e AC • -�,6 J�IE fP1_ - ! IA,. lc �,21 SCHOOL E --Ili . 0 1IMB �1Est 5 i. ' 2 20�> >< T is c I 1 2 1 1GC) - _1 ES 1� r i Q'A 2As 2A2 ` Lr_- � `f i -Ili-- Orryl ,, 191 (.- IA : ES,P.._ :•_- LEN': 1 2/� (— _ f-3 Ac G. A_' • 2N `� `�hl V Et • �_j A >� oLRN ING • a K ' y ' GI AGES. 20 At x11 i _ _PAS 2A5 -- - 16 -- ___1— _ 213; illi . . 4 JAI ZX 117�B1K6. .`� Miik al 3 2A1 1 I 'r -'-- IAI -• •,_ 391Pt R ,, --- [R S 1A11 1 , r P �' I (2aI 3A MIA Q01- • u — - — t�_ 1.__— • A M2 {AI IC ti I ) .... l - GURNE 1� 122 A< . IIS A< A�--- � -' : :/A Ill 4A10 MU TRACT MAP SAc `' .11It .11t1 I I M `111 ^ijl;Inu'+ 6A 6.7 _ I i';.. U'CJUIt�nIG°�. U{�il��li� t I 6 .6 , ►: uw. . 6 y,l I Q I W A 1 i WTI t7�1 lq .i!)\ .. .. Nr o "AG" "AG" "AG" i , 2 . 3F1G - I CS u. z 0 J U) "AG" )F10 3F1F cc cc J z w CITY OF SOUTHLAKE I UO 3 w 34 3F1 \\ ± Q - M. SCHRADER I Y 7C 7 7B 7A R. SMITH "SF20A" 0 JL H1 D SU0 ►t- - - U ' EY A 21 Ni Spin Representative #16 z Dick Johnston Cl) z I O L "AG" ADJACENT OWNERS AND ZONING 1 H \ \ F C 5�`� z~` N 1 1E 2 2C7 2C17 2C18 2C2 2C3 2C9 2( W = o W N S 2 i ° i d "AG" EE 3 W d Cj O N (11616/ "AG" „AG„ „AG" LL Q City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 95-49 Review No: Two Date of Review: 6/16/95 Project Name: Concept Plan-Ridgewood II, 19.0 Acres.J.J. Freshour Survey.Abst.#521 APPLICANT: ENGINEER: PIMA Properties,Inc. J.E. Levitt Engineers.Inc. 5215 North O'Connor. Suite 200 726 Commerce Street. Suite 104 Irving,Texas 75035 Southlake.Texas 76092 Phone: (214) 868-9168 Phone: (817)488-3313 Fax: Fax: (817)488-3315 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/12/95 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. Lots adjoining the north line of the project tract must be a minimum of 125' in width along the rear lot lines. 2. Provide the required 35' building setback line along all street frontages and side streets. 3. The following changes are needed with regard to rights of way: A. Warrington Lane should be aligned with Johnson Road so as not to conflict with an existing home which fronts on the south line of Johnson Road. B. Johnson Road requires a right of way dedication of 35' from the apparent existing centerline. . P 04garree stub Mb,i 4. Show the location, height and type of any proposed screening devices. 5. The bearing and distance of the second call and the distances of the third and fourth calls of the metes and bounds description do not match the graphic labels. Correct the discrepancies. * The applicant should be aware that any revisions made prior to City Council must be received at the City by 7/10/95. All revised submittals must be folded 6" x 9" and include an 11"x 17"revised reduction. * Denotes Informational Comment cc: PIMA Properties,Inc. J.E. Levitt Engineers, Inc. CDaphine W. Johnson, 2840 Johnson Road, Southlake,Texas 76092 G:\W PF\REV\95\95-049CP.W PD 75-5 N 001104,>IAI 1r RIDGEWOOD II At MEM 10 TIE SOUTHLAICE 0 WNW 04IIIITL- ta the U.ni111141 4 MIME 44 FROPOND 4-1144 t:�. -1M — 1I , RI I i.�. III 1 1 ISKAY as I tat. OM I I I I • '"`�`7 7 1I a ow or ata wear r 1 r ® �* Wit YrX 1ww N • I lo It 1 1 ow ellr IPS 4111101141litggppollk IN: aaaaw as a It 011k _ tat Oa 1, 4110PI '4.0"............Sr".....'"±-1 • 1 i I as 1 I1\4 a �- i a 0 1 PM I • *a WY I + + (.,.., • ''''..- ,-„, . . .c, ai4t i.m ,.4... 1F da. .0 . 0,,., U 19 y h 1 s� / + 1 rrt + i .'C I .a / wr a GI I I Or •II I Y14, ` , :1.a II i I R 1 4 il \is 1 m + uta ■ 4 ur 1 4 1 . it u+t I I 1 • 1 '1 -�-- j 1 � 1C1�.-� 1!! :uri IOIMELD t _Am t _-_.____ .1 •I I • .>` I iI + - + : I WA + 1 nt��r san>wt�ta1t+ "� ii � _ _ _ I i Ism 1 _' _ I IR I 1I I I I I e` I I I I I I Ovum DAP1411•40 W. JOHNS-ON PIMA PleiNellOtT11110. tMO. (kror CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-174 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 19.0 ACRES SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, TRACT 7, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; (hare PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, e '• •f Southlake, Texas is • •: • • • - : s der its Charter adopted by the electorate pursuant to Artic e V, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by Le the City Council did consider the following factors in making a determination as to whether these G:\ORD\CASES\480-174.2RD Page 1 113-7 (line 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, G:\ORD\CASES\480-174.2RD Page 2 19-S 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 19.0 acre tract of land situated in the J.J. Freshour Survey,Abstract No. 521, being Tract 7, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural 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 (20, present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. G:\ORD\CASES\480-174.2RD Page 3 b 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. (re MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY G:\ORD\CASES\480-174.2RD Page 4 L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L G:\ORD\CASES\480-174.2RD Page 5 78-11 EXHIBIT "A" (ire DESCRIPTION FOR A 19.0 AC. TRACT A tract In the J.J. Freshour Survey. Abstract No. 521. located In Tarrant County. described In the deed to William W. Johnson)In Vol. 1519. Pg. 269 of the Tarrant County Deed Records and described as follows: BEGINNING at a point In the north right—of—way line of Johnson Road. said point being 2512.5 feet West of and 15 feet North of the Southeast Corner of the said Freshour Survey; THENCE West along the north right—of—way line of Johnson road. 655 feet to a point; THENCE N OCT 00' Oar W leaving said north right—of—way. 1264 feet to a point; THENCE S 89' 58' OS' E — 655 feet to a point; THENCE S 00' 00' S6' W — 1264 feet to the Place of Beginning and containing 19.0 acres of land. . Lose G:\ORD\CAS ES\480-174.2RD Page 6 EXHIBIT "B" 1 i\t ormarr rux ow RIDGEWOOD II .II.00M=TO TOM CUT Or BOU wawa 030U[Y TUBA w tb.Si MONO=OWI ar«II r+mr soma pus rllor--1110101114 n-w {, Lu .-M.nil.Ir. latliE:L 1 I ' 1 ••.•r of t mar ............... ....—...1I I I 1 _ rrIr _ j _ 1 . 1 I 1 We 4 I 1‘1: �i OW ♦ 1 •' SINEW al w � 1 MIIIII • 1 I 1 4.., kilt, se ) i h. i 10 , a !ION «L. • �CI I .i •• igIel ,•Yf i 1 CI i , I. d .b I. jillif ' I I ti u c• • o 1. c I I ( -t— 1 1 -v... U w d .7ti ; 1 O W l I • • * I.f IR• 1 a 1 II • \® Q 4 ! 1 .au[ fit 1 1 i • \ m I� I I.• Ili 1 I.• • \ 1 I -.--....\ . 1 1 \ 1 1 . 1 � � ._ 1 I gam _- — -a--— OL iour bare- 1 1 t� 1 I I 1 I 1 1 1 1 1 I I I I I 1 form 9•w- 0A N44N•I W. ./OMN SON FOWL S• I . Ma alr Ma •••Fall halal.MR•N _narl.w tail Irma-MIS L G:\ORD\CASES\480-174.2RD Page 7 11543 City of Southlake,Texas MEMORANDUM July 14, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-170, Second Reading ZA 95-37 Rezoning and Concept Plan/Stonebury(formerly Stonewood) REQUESTED ACTION: Rezoning and Concept Plan for Stonebury, being 23.1642 acres of land situated in the W.R. Eaves Survey, Abstract No. 500, Tract 3A and the Northern portion of Tract 3A1 The development proposes 33 residential lots with a density of 1.425/Acre LOCATION: Approximately 1200' South of W. Southlake Blvd. on the West side of S. Peytonville Ave. at 340 S. Peytonville Ave. OWNER/APPLICANT: Chateau Development Corp. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-20A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Nine (9) RESPONSES: One written response received within the 200' notification area: • Brandon and Kay Baker, 620 S. Peytonville Ave.,opposed, They offered concern about the transition between the large acreage lots in Airpark Estates and the subject proposal,the downstream drainage and the need for a larger culvert to handle the increased runoff, and the unavailability of sanitary sewer to the development. They were concerned that the proposed homes would be on the "lower end" of the price scale available in Southlake. They also questioned the type of perimeter fences proposed as well '14-1 City of South lake,Texas MEMORANDUM CURTIS E. HAWK ORDINANCE NO.480-170,ZA95-37 PAGE 2 as the landscaping. See attached letter dated 04-18-95. P &Z ACTION: April 20, 1995; Approved (5-0) Applicant's request to table ZA95-37 Rezoning and Concept Plan for Stonewood to the June 8, 1995, Planning and Zoning Meeting and continue the Public Hearing. June 8, 1995; Approved (4-2) ZA95-37 Rezoning and Concept Plan for Stonebury, subject to the second (2) Concept Plan Review Summary dated June 2, 1995: deleting items#6a and#6b;keeping item#7; changing specifications that require the common areas, 1 and 3,to be included in the lots as drainage and utility easements; and noting as of the Applicant's submission wishes to add to the Concept Plan provide a 6 feet stockade fence with masonry columns at certain intervals to be part of the Concept Plan before the plan goes to City Council. COUNCIL ACTION:STAFF COMMENTS: June 20, 1995; Approved (5-1) First Reading of Ordinance No.480-170 subject to Concept Plan Review Summary No. 3 dated June 16, 1995, deleting item 1 A (reducing 160 feet R.O.W. at entrance to 80 feet) and item 1 B (requiring street stub to west.) The Applicant has not made any changes since the Concept Plan Review Summary No. 3 dated June 16, 1995. Attached is a copy of Concept Plan Review Summary No. 3. KPG/lms G:\WPF\MEMO\CASES95\95-37ZC.2CC L 1A-2 '72/7 REF NO. : ZA 95-37 (kw WE ARE OPPOSED TO THE REQUEST TO REZONING FOR THE FOLLOWING REASONS : 1 This single family development of houses on 1/2 acre lots effect the "country atmosphere" that many of us moved here for. A survey of homeowners on South Peytonvlle will show homes with acerage except for Chimney Hill at the very end of the road. Airport Estates is apparently platted for only 3 . 5 acres . Re- zoning down to 20, 000 sq. ft . lots is not a ' smooth transition' ! 2 The developer plans houses at "the lower end" of the price scale available in Southlake. How will this effect YOUR future property values? 3 There is NO sewer available at the site. How will this issue be handled, will it have to be pumped UP HILL, who pays, and how will this affect OUR pocket book down the road? 4 Drainage (water runoff) down stream is one of our greatest concerns . How can this be properly handled to eliminate any more erosion/flooding? We (and the city) had tens of thousands of dollars worth of excavating done last year to control drainage. We know first hand the tremendous amount of water that flows Lsouth through our property! What will 50% more runoff (calculated amount from roofs, driveways, and streets) mean down stream? 5 Would the environment and our community be better served with a less dense development of larger lot sizes, such as 3 .5 acre lots like the adjoining "Airport Estates"? This would eliminate the need for sewer, maintain a rural atmosphere, reduce water runoff, and offer greater potential for appreciation of property values. [If some form of re-zoning does pass, we would like to see the city ask for guarantees of the quality and type of perimeter fences installed, in addition to landscaping. The builder seems to be amenable on these points. ] gr4frielot., cy--A ga. A 9 {)6"1"-- v A d W/e0 [pm 1773 APR 18 1995 i0][� s'•.-•y. ...titi �l W71'= E A PK 11p ,edamI Io A. iu Ap 1A, 5 T +stow, - . ----'A GED CIA E5S',-A1E ]A �I - IAA `i I Cps' u..✓", IA - LEY -- IAI Al K K. - 1A- L 01 ' D LIPI9. $KSTLAKE CITY LIMIT l III 1G1 Itl ■ K -ri-':--/_ - ___ --4ASi' I 10 KELLER CITY LIMIT WA I(2A -N I A.A,1��00 �p L1� -L1pp��.pp@@[[�� ___ .1.�OHN @.s.-1ILS®WIg33 _ Y'' x I 0 ---I[ ICA �11.✓. -_ pp $l1,�1 I, ww PT I GRD G{2EE �IpN r 3 n A 01 Z KIN i �. ER'• ),] T x A< r 11- _r -- 4b®6ulE �� I ,A ,A] ; _TT__ '.,,.•'1J �U +, I u� 553 Pc VIC 1 R y Ny, 1 J. WALKER 1 ; �,1A1�51 Y t I �— pi- �A'.' :- Icy w] p • ',— un I. . .`.,.' -'F�` I"�]-1-.,--I- Le]A s w.w �d55. '�� it !!lt :-..-...- 1E(J� Q -} -T - .�+4�-}{' IN IIAIAtAIASAIA AU AI uwA __ �T" l .� ••F g D; • s a ] m a 1\g I �.Yh i . . I I �� n< JO' • 's i I--—.j . ' '_ ____./.4 MK • t _ wl ' O 1 pDpN �• I •` . KELLER CIT LIMIT a __i •"` - +J-I`,'-F L �� ©1 JAI - - -- ©®: R �, : . . - iliMP' 'C,;E- ,6-++ •;/ `; '�'` '''e ~I,, -.. CB 'u'© • ©, ' O ILI �A,. .) C0 .I.-( V. r'Ttt" -- Fi7 li. O -r] `) , 4 • - J :1iP1iL7 © �Iwl.��' rot LOk /J�. - - -j. <.u � C �/. ^ � +Ay •1 • OS _ _r ° e 4r Li* x r. A1NE �1ie,,1 ''A� ,.--,,,,—:--,;'-,•—_-_. � _�-� N. 2 -_ 1 s i PI s KE i . AA,... x Tyre; ,.,4 r- , , I CA -I— 51A1 Q m n CAH',$. 1 ^ • a 'J 'r-. 11Mg p1 5� 3 I ea >a k x:A HIGH SC `L '` `! x f ( , . , GP -I - Eg1 "---- `y• 203 IM •Rp - C1,y l:K 5�.� /, _. _ 'p'( G a i p r sR C.Y. --- _ G A n`,.t •eT -•.,• (-•{ C. A I 5 ° o .ING • ._ I J.„Ar r -,I • L 1 ,4 �,7r, .1 (• `"'� {IN�`n' .. i - - ini coo „ .4-r' 1 ��'� P :As �` +} • au rAI li IiA :Ai �KE� I ,D l _\'.( '.` 41 {•L` `Ir •' �,:t : ;, s.]A W2 r 'gR GK--IZKER' I E51A-V--- : • , ;.). ' ` \t :..�. \ EO ' G �� 1 N 7i4 , 7. A {��A t�' — D• EpR I 5A. YPi®I�IR6P4{ ;1 5H 1 1 .,m t' « K.fA. 9.A. 15:'(II) �Wk -- _ __A�.}.-__ II AA 'N I 5� % I-.��- ,�(..f...� -NI, .2 II^^ V � MO ` R L. , , fr 1 <1 " ' i 1A7 I ASY 5 7 I GI,rag 4{ / 1 4b®fA�IAA3 i -r- '^ G� ®iv KN I �� O TT- '--7 . I nip W _-_ I -]. K ill .lN. fl 11®L, x� 6.2 A.5M]A "oA�iN i 5 �� i s r 395 K I9 2 Kt J uIA „r 9c. l Au I I '\... 9i5 4 5 I G�iM s �.�I,, . �/' M`5 • . E K, `- — LI-MIA - y t05 Y w _ •QI - Ail ---- --- -- TRACT MAP = N' ,Az 10.5 ' p KEIIER WY IIMII cZ , y°44E5 °. j1t+ . EIEYEHrABY I 1 I 7 l E " gY (IA51 1.5L1 �\ SCHOOL tl 1 rev. L.A. CLAY gHPRGH A sn.� , A, ,. I 1A- /VI• , \' L ...R. A-,« G I ram- . l AtiNCSTAtr � .y 1 30. t''.FsAlkilUIF.L40i. '1A-4 'l I1 al �PAOK F tat. ..,`) 3C2 Spin #14 Representative Karen Cienki 3C2A L 2A2 C. Akard ; .3 0 1 I ..C-2" , \ \ /\ _ "AG" 1 / \ W. & B. Kidd Family Ltd. 2 "AG" L. Akard R. Goode C. Lamar I / "AG ..C-3'• Carroll I.S.D. "S-P-1" 3A i A Nf re, 1 V Y A - 5;10 1 A1: S. Smith z "AG"' I . "RE" Z 2B. BakerI \ 1-__-___' , r--) i/-\\ Sl; C. BI "AG" "SF-1A" , 0. c---:, Lr- ____,.. ) cl--\ I ' ,, , 11 \. ., _ . ___ ADJACENT OWNERS .\.(ko _ _ AND ZONING riPk- • City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 95-37 Review No: Three Date of Review: 6/16/95 Project Name:Concept Plan-Stonebury(formerly submitted as Stonewood),23.1642 Acres.W.R.Eaves Survey Abst.#500 OWNER/APPLICANT: Chateau Development Corp. Teague Nall and Perkins.Inc. 500 Grapevine Hwy.. Suite 350 220 W. Irving Boulevard. Suite 2 Hurst. Texas 76054 Irving. Texas 75060 Phone: (817)428-1900 Phone: (214) 254-1765 Fax: (817) 428-2085 Fax: (817) 259-2621 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/12/95 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. The following changes are needed with regard to rights of way: A. Developer proposes a 160'R.O.W. at the subdivision entrance. Staff recommends a maximum of an 80' R.O.W. ,with maximum 10' median,two 24' drive lanes, and two 11'parkways. B. Ordinance requires a street stub on property lines greater than 1000',which would require a street stub into the west line of the project tract,preferably from Leslie Drive in the vicinity of Lot 13, Block 2. This would provide a northern access to the area of the Goode tract designated as Medium Density Residential on the proposed Land Use Plan.However,this area is currently zoned "C-3" and the existing Land Use is an air field . * Although there are a few lot lines which are not perpendicular or radial,they appear to meet the intent of this requirement. * The applicant should be aware that any revisions made prior to City Council must be received at the (1111' City by 7/10/95. All revised submittals must be folded 6" x 9" and include an 11"x 17"revised reduction. * Denotes Informational Comment cc: Chateau Development Corp. Teague Nall and Perkins, Inc. G:\WPF\REV\95\95-037CP.WPD M 1 - QU ANTI TA11VE LAND USES t, ...:,.•, COAX NO. OWEUJNO GROSS RES. NO. COMMQP:;;. 'fi GROSS LAND USE ZONING UNITS DENSITY AREAS COOS ACREAGE SINGLE FAMILY SF-20A 33 1.425/AC 7// 1.092 AC 23.1642 AC II// / • EXISTING ZONING - 'AG' W.B. KIOD FAMILY LTD. PTNRSHP. •PROP. LU.D. - IA M D RESID VOLUME 11587. PAGE 692 I 2 O.R T.0 T. I— - - - Or I 1 EXISTING ZONING - -C2' I PROP. LU.D. - MIXED USE I LOT 1 J 33" raiembhEalit_ r--151.65 1 JI MI 2 U/E TbT.98-10' U/l: • II 11 BLOCK 2 yl ' 1 i I 11Ig 's 7 S 6 i• `{a' 4 r �II I 11 I 8 4K _ _ S 3 hI I I 7a I 35 e/L as'6/1_ o�� 1^i I 0115 122a5' MAD, . %Sim I i �I� tt '' ‘1-, r,'-„, WOO: % °c.'IVE ��:$, �° 0 • I o.w. 11.11 d . ,y,6b�� ' .7 rA 126.M' may —'ate``/ g 2 m o I I DEDICAl10N 1 I 9 ' e 1 35'e/L„ 35 8 . 'n; I I PROPOSED 6'MASONRY II o '6, ` 13 3 ,a, O 2 o I I t MRouGNT IRON FENCE 11 141.34 uL - • �I to 15o 65'I i ° a W 69iiib 16406' 10' u1E 7•4m-� ^ m 1 b_. I o I D 0 16a 71' 173.99' Z ,' 1 10 n I 12 ,b n 1 " g < ^ 35 e/1 1U W e. 0 4 / �p8 1 00 'I I ^ - I a o 35. 1G� IMio 149.64• I I j � a v'�14 S • "Bi t2 '" Q I mIbI164.06' 20_D'R7G-^li 153 75 ° WII :2: j1 : . n --95i{4 STONEBURY CT. 0 1 ° i•1 LU� m a O n� °� n (11. 311 5 -0 17 a Io$ ( BLOCK 1 i s - D: 1 1n Z o Q re i 12 i 10 0 N % ` to'uLE _• m F' ^a 3s'ate. ROw� 164.35. 16S 10' 20 "' -, —r g - 1 �" 146.23' I 187.76' o �. ts7.t4'2., 1� W 1 I I o •� 9 0 P O i1 t 7 / 1.... 19 ' 13 I E• .1\‘, _u'8/L �`" °0, ss' 2 / 19 o I �/,14� 1 LESUE ,— U ow 44eY � `\ „D m�' di (/j at MASONRY E) wil yd4.1 ei NROUGHT 170.96' O® \ U/F �� r �+ 1' Ti 14 b4 -- b 35'6%L , \ � 3-5 9/L- •'sp 18 :Ii VOW �.4 ,t 15 $ 16 �. 17 y,I 1 ts• — BLOCK 2 J7 95. 1• 243.94' S'1 UA 225.- _ -- -- 1-- PROP M se u - i2 u/F w u/t S 899'40 W 1001.12' I I LOT 2 I I LOT 1 I • + M� E16S1IN0 ZONING-SF-1A ' IL EXIS11NG ZONING-RE f ..IsS: 1 I I I'. BAKER ESTATES 6•STOOCAOE FENCE ROW 1 Q COr STOOCADE OLUMNS ICE CABINET A SLIDE 1575 W/MASONRY COLUMNS I P1 RO 2 P.R.T.C.T. § R I CE 1 PROP. LU.D. - MEDIUM DENS. RESID. 0 NO P� CONCEPT PLAN FOR a OIMETIJ R d SF-20A ZONING REQUEST BEING A 23.1642 ACRE TRACT OF LAND OUT OF THE W.R. 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S 1 mo e o — �.x .. 4 ii ti /fM onesArm ova Wa a twin on l C--—MOW—= _fir--- 2 ,, Tara 3 li yo i $ is p -� - < 1, 1 NO ?III 5 35 I d (iiire CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-170Ak ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF t. THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING .iv CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND �� WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 23.1642 ACRES SITUATED IN THE W.R.EAVES SURVEY,ABSTRACT NO. 500, BEING TRACT 3A AND THE NORTHERN PORTION OF TRACT 3A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; (re PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AN 'RO AN EFFECTIVE DATE. WHEREAS, the . :. -, - as is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and (ilir, 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\480-170.2 RD Page 1 a March 7, 1995; Approved(4-2) subject to the second Plat Review Summary dated March 3, 1995, including the May 19, 1992 regulations for Product D. 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 G:\ORD\CASES\480-170.2RD Page 2 71,t-ID 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 23.1642 acre tract of land situated in the W.R. Eaves Survey, Abstract No. 500,being Tract 3A and being the northern portion of Tract 3A1,and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural 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, (1■10, 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 G:\ORD\CAS ES\480-170.2RD Page 3 V " 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. PASSED AND APPROVED on the 1st reading the day of , 1995. L MAYOR ATTEST: CITY SECRETARY (kr' G:\ORD\CASES\480-170.2RD Page 4 'TA-IZ (lir PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: (bre CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (re G:\ORD\CASES\480-170.2RD Page 5 ZQ-3 EXHIBIT "A" L DESCRIPTION FOR A TRACT OF LAND IN THE W.R. EAVES SURVEY, ABSTRACT NUMBER 500, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING THAT TRACT OF LAND DESCRIBED IN THE DEED TO CHATEAU DEVELOPMENT CORP., RECORDED IN VOUIME 11806. PAGE 1987, AS RECORDED IN THE DEED RECORDS, TARRANT COUNTY. TEXAS, AND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A P.K. NAIL IN SOUTH PEYTONVILLE AVENUE FOR THE NORTHEAST CORNER OF SAID TRACT; SAID POINT BEING N 0018'49" W 365.85 FEET AND N 0078'32" W 647.15 FEET AND N 89'04'05" E 33.92 FEET FROM THE NORTHEAST CORNER OF LOT 1, BAKER ESTATES AS RECORDED IN CABINET A, SLIDE 1575 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 28 MINUTES 32 SECONDS EAST A DISTANCE OF 1013.25 FEET ALONG SOUTH PEYTONVIUE AVE TO A 400 NAIL FOUND; THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 34.95 FEET PASSING A 1/2" IRON PIN WITH CAP MARKED, "AREA SURVEYING" FOUND IN THE WEST LINE OF SOUTH PEYTONVILLE AVE, IN ALL A TOTAL DISTANCE OF 1001.12 FEET TO A 1/2" IRON PIN FOUND IN THE WEST UNE OF SAID TRACT; THENCE NORTH 00 DECREES 17 MINUTES 29 SECONDS WEST A DISTANCE OF 1005.83 FEET GENERALLY ALONG A FENCE TO A 1/2" IRON PIN FOUND FOR THE NORTHWEST CORNER OF SAID TRACT; THENCE NORTH 89 DEGREES 04 MINUTES 05 SECONDS EAST A DISTANCE OF 997.92 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 23.1642 ACRES OF LAND OR APPROXIMATELY 1,009,133 SQUARE FEET. L L G:\ORD\CASES\480-170.2RD Page 6 '7A - '44 i f -------\ EXHIBIT "B" -- t W a .‘iime .. O p K Z M� r F. / Sr1�. ._.. O W s: o i�f Y d 0 sg • E $ t=o gam 0 .6 l is g W Q_ .1 �r• VI 0` u W Z lb gEli:1 " O U d¢¢ Y t R )� g ,.. O V) L i1I i !' gi it re -_-• J oC V u i d! i . c°i LI i!jiItI [ji x =i�� ill ' X� It:::: r! 1 !111 te Y. III f [ ti...5., t� ti k !_ Ig 2i L DER ligi '4) O f 0{ �.IA.. it O W j Eli Ili t 14iI6 16 m al . A III < X lf g = It st <•f 1 1 i f W ` ■Qs : E _}€=!!3 tE fp aCCC E`yaaa� ;I--.' j R a... = 7 itl s e7 i. i €<F3 fiif L. �� j I F .111��: d' 1� .: / r.. _ $ I__1J, II Lei 1,- W a. "- .7e � 4---- 1 ti Y 1 I I I t I L s y I I 'C ` b .� a I' ' I i �R 112.16{6 o- j �►AuA � r 11- 1 a-�p. J F w •- L • __ f.tX pp� -- -- - 1 I 1 o c __ f. 3f1N3AV 3llInNOpad 'S II k : t- _ e. ' .so-..a.c..oe..sw - \-\ _-__ _ .tLT-1 3_LfAZDO S .ate yy,r,��,. " ••. sw+t)...s a.•v. - '11----War -- ---.4 =g „c-.t).r.an w Q't •ww 8 Ihj! ; dgls R O tiP'cf I� a J 1 ,b, 9 :a '�� .04 L.,. N MRI HW j\ m 1 _Y i 1 ',`•,i' _ AMU l- er f t o - - 1i 'IQ • fe ,". r k i1,,,,..........0.11 a i r d " x g r — . "'; g1;01, M �I Cvl i Zp( SS Sg : .M .c� J 1 1 OP _ _ R o k r ._ _.m Acm Ica. ' i t i 1 / - — -Ve-It .-- :A :. 5 : ii OW 1 - - � ii M 4 4 til Ac„ _A.... A..n Yn I A..„ Af.„ _.— . MM'J--- —._ il 1 i teXtokittlY Le Lt: Qs n i,,,, . , t G:\ORD\CASES1480-170.2RD Page 7 r1A•15 City of Southlake,Texas MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Transfer of West Park Water Certificate of Convenience and Necessity (CCN) Resolution In April 1994, the City of Southlake assumed the CCN and operations of West Park Corporation's water system. A six-inch water line was extended along T.W. King Road from Bob Jones Road North to West Park Loop. After completion of the water line, water meters were set and connected to the homes at West Park. Attached is Resolution No.95-25, which is necessary to meet the Texas Natural Resource Conservation Committee (TNRCC) request for a document to place in their files concluding the completion of the transfer of the West Park CCN. Mary Drake, attorney with Fielding, Barrett, and Taylor, will handle the filing once the resolution is executed. For your information, correspondence from Mary Drake and TNRCC concerning this transfer are attached. Please place this on the July 18, 1995 agenda. BW/sm Attachments: Resolution Mary Drake letter TNRCC letter Map of West Park L CITY OF SOUTHLAKE, TEXAS RESOLUTION NO. 95-2 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS ACCEPTING THE AUTHORIZATION- OF THE.TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TO TRANSFER CERTIFICATE OF CONVENIENCE AND NECESSITY NO. 12210 FROM WEST PARK WATER ASSOCIATION, INC. TO THE CITY OF SOUTHLAKE WHEREAS, on May 17, 1994, the City of Southlake passed Resolution No. 94- 24, authorizing city staff to submit to the Texas Natural Resource Conservation Commission an Application To Transfer Certificate of Convenience and Necessity No. 12210 from West Park Water Association, Inc. to the City of Southlake; and WHEREAS, on May 25, 1995, the Texas Natural Resource Conservation Commission issued a letter authorizing completion of this transaction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS, THAT: The authorization issued by the Texas Natural Resource Conservation Commission is accepted and the transaction deemed complete as of the date of the passage of this Resolution. PASSED AND APPROVED by the City Council this day of , 1995. CITY OF SOUTHLAKE, TEXAS Gary Fickes, Mayor Sandra LeGrand City Secretary L E3 RECEIVED J U N 1 4 1995 DEPT.OF PUBLIC WORKS FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 134 N. LA SALLE ST. 500 THROCKMORTON ST. —SUITE 2222 FORT WORTH,TX 76102-3821 CHICAGO, IL 60602 TELEPHONE(817)332-2580 TELEPHONE(312)236-7442 FAX(817)332-4740 FAX(312)263-6361 Of Counsel MARY E. DRAKE Licensed in the States of Texas and Illinois June 12, 1995 Mr. Bob Whitehead, Director of Public Works, City of Southlake 667 S. Carroll Ave. Southlake, Tx., 76092 Re: West Park Water CCN Dear Bob: Success at last! Enclosed is a letter from TNRCC, Water Utilities Division, giving approval for takeover of the West Park water system. The best news it contains is that TNRCC will NOT schedule a public hearing on the transaction. However, it requests Southlake to undertake two further tasks. These are: a. "file a copy of the signed contract or bill of sale;" and, b. "file documents supporting the disposition of customer deposits." I called Albert Hoick, the gentleman at the Commission with whom I have been dealing concerning this long running application and reminded him that we had already filed, as part of our original application documents, an affidavit from the owner stating that there were no customer deposits. He agreed that this part of the Commission's request had been taken care of. I also reminded him that we had filed with our application, a letter request from the owner to Southlake asking that the city take over provision of water service, and a resolution of the Council authorizing that action. I stated my opinion that these documents should be sufficient to comply with this last request. However, as a bona fide bureaucracy, the Commission, as explained to me by Mr. Hoick, needs some Bob Whitehead (haw June 12, 1995 page 2 document to put in their files which is dated after our receipt of their approval letter, showing action by the city to complete the transaction. The date of this document is of paramount importance to them. So, in order to give the Commission what it thinks it needs, I will draft a Resolution "ratifying" the former council action in accepting the system from the owner. Mr. Hoick agreed that such a resolution would be acceptable. If you will get this Resolution placed on the first city council agenda which is available, and send an executed copy to me after passage, I will forward it to Mr. Holck. If Providence is with us we will then be able to mark this file closed. I will have the resolution in your hands in a day or so. M est regards, Mary E. Drake cc: Allen Taylor Wayne Olson (lbw L FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 134 N. LA SALLE ST. 500 THROCKMORTON ST. SUITE 2222 FORT WORTH,TX 76102-3821 CHICAGO,IL 60602 TELEPHONE(817)332-2580 TELEPHONE(312)236-7442 FAX(817)332-4740 FAX(312)263-6361 Of CnonseI MARY E. DRAKE Licensed in the States of Texas and Illinois June 20, 1995 Mr. Bob Whitehead, Director of Public Works, City of Southlake 667 S. Carroll Ave. Southlake, Tx., 76092 Re: West Park Water CCN Resolution ktir De ar Bob: Enclosed is a Resolution which should meet the TNRCC request for a document to place in their files memorializing the completion of the transfer of the West Park CCN. If you will get this Resolution placed on the first city council agenda which is available, and send an executed copy to me after passage, I will forward it to Mr. Hoick, at the TNRCC. My t regards, Mary E. Drake cc: Allen Taylor Wayne Olson L 54- -c 1E \ John Hall,Chairman � t� Pam Reed,Commissioner(10, ;' f 2.B."Ralph"Marquez,Commissioner �, .` "&''f / an Pearson,Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution May 25, 1995 Ms. Mary E. Drake City of Southlake 3400 Bank One Tower 500 Throckmorton Street Fort Worth, Texas 76102-3821 Re: Application Number 30501-S,Application of City of Southlake, Certificate of Convenience and Necessity (CCN) No. 10101, To Transfer and Cancel CCN No. 12210 from West Park Water Association, Inc. in Denton County, Texas Dear Ms. Drake: We have reviewed the criteria in Section 13.301(c) of the Water Code to determine if the Executive Director will ask the Commission to schedule a public hearing on your proposed transaction. Based ce on that review, we have determined that a public hearing will not be requested. You may complete your proposed transaction as scheduled or at any time after you receive this notification. Your next step is to file a copy of the signed contract or bill of sale and documents supporting the disposition of customer deposits with the Utility Certification and Rate Design Section, Water Utilities Division within 30 days after the effective date of the transaction. If you have any questions, please contact Albert Holck at 512/239-6960. Sincerely, Gt� Doug Holcomb, P. E. Utility Certification and Rate Design Section Water Utilities Division, MC 153 DEH/AH/wem L 5e. -el P.O. Box 13087 • Austin,Texas 78711-3087 • 512/239-1000 I 216-0 Li , TR 3 TR 4 TR .5 TR 2 200-0 204-0 208-0 212-0 ''� 1096-C 088-0 080-0 072-0 068-0 064-0 060-0 056-0 __: I TA 11 TR 10 TA TA TR 7 TR 13 TR 12 TA 6 • L 1098 1086 1074 1062 1058 11056 1052 1040 WEST PARK CIR N r - it 1099 1085 1073 1061 1055 o4,') TA 3i 15 TA 16 TR 17 To R i 8 TR 19 ' , ti o 100-0 092-0 084-0 076-0 I 048-0 1 008-0 016-0 024-0 036-0 104) TA 30 I TR 23 TR 22 TA 21 TA 20 �< ;. I 1096 _ o y 1088 1078 1060 TR 2 9 WEST PARK CIA S ,('ti ob'"P 1095 1087 1079 1063 TR 28 'TR 24 TA 25 TR 26 TR 27 ,o ^ti o I 004-0 1 0120 _ 0200 0280 . 1 101-0368-000-0 Lei PARK CIRCLE • City of Southlake,Texas MEMORANDUM July 13, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal Agreement with Town of Trophy Club for Road Extension onto T.W. King The Town of Trophy Club has requested an interlocal agreement with Southlake for the extension of Trophy Wood Drive, which is a street located within Trophy Club, onto T.W. King, which is located in Southlake. The following are the major points to consider: • The intersection, traffic control devices, signs or any other improvements will be reviewed and approved by Southlake's City Engineer and constructed in accordance with Southlake standards. • Trophy Club is responsible for obtaining easements for this extension. These easement agreements provide that the Trophy Wood Club Extension may remain until the landowners file a final plat and a road will be constructed to meet Trophy Club's Master Plan, thus replacing Trophy Wood Drive Extension. At that time Trophy Club would need to obtain another agreement from the City of Southlake. • Both Cities acknowledge that traffic signals may be required at the intersection of T.W. King and Trophy Wood Drive Extension and/or the intersection of Kirkwood Boulevard and S.H. 114. Trophy Club will be responsible for the acquisition, placement, and maintenance of traffic signals as approved by Southlake City Engineer. • Trophy Club will construct at its expense a left turn lane on T.W. King Road. The area to be constructed will be from the centerline of the intersection to a point approximately 400 feet south and 100 feet north of the intersection. Trophy Club will also overlay T.W. King from Trophy Club Drive to Kirkwood Blvd. Please place this on the July 18, 1995 agenda for Council consideration. BW/sm Le Attachment: Trophy Club Interlocal Agreement wp60\wpdocs\wthead.mem\trophy.clb STATE OF TEXAS §§ COUNTY OF TARRANT §§ INTERLOCAL AGREEMENT COUNTY OF DENTON §§ This Agreement is made the day of , 1995 by and between the City of Southlake, Texas("Southlake")and the Town of Trophy Club,Texas("Trophy Club"). WHEREAS, Southlake and Trophy Club(together,the "Cities")are duly incorporated municipalities pursuant to the laws of the State of Texas,the boundaries of which are contiguous in part; and WHEREAS,the Cities are each authorized pursuant to State law to control the public streets . located within their corporate limits; and WHEREAS, Trophy Club desires to extend Trophy Wood Drive, a public street located within Trophy Club(the"Trophy Wood Extension"), so that it intersects with T.W. King Road, a public street located within Southlake,the approximate location shown on Exhibit"A" attached hereto and incorporated herein, and WHEREAS, Southlake hereby agrees to permit Trophy Club to construct the Trophy Wood Extension so that it intersects with T.W. King Road; and WHEREAS,the Cities are authorized and empowered by Chapter.791,Tex. Gov. Code (Vernon),to enter into this Agreement; and WHEREAS, the Cities desire to enter into this Contract and acknowledge and agree that this Contract is in the best interests of the public health, safety and welfare. WITNES SETH: NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made, the benefits flowing to each of the parties hereto, and other good and valuable consideration,the City of Southlake, Texas and the Town of Trophy Club,Texas do hereby contract and agree as follows: Section 1. Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein. Section 2. Trophy Wood Extension. Trophy Club intends to extend Trophy Wood Drive as wit,,= k shown on Exhibit"A" attached hereto a and incorporated herein. In the event that the Trophy Wood Drive Extension is constructed,the Cities agree as follows: A. The Trophy Wood Drive Extension, at its intersection with T.W. King Road(the "Road Intersection") t" e�h.`R �� re4j, shall be constructed in accordance with Southlake standards. The engineering and design of-the-Rettel-Interseetiom including the placement of any traffic 1 5D-2. control devi _;.(s [r p t �, ,,,,. r � t ,�� j.` I, r cot �c 1.. :, r,, , shall be reviewed and approved by the Southlake City Engineer. • , -0 tE E. B. The Trophy Wood Drive Extension, including the Road Intersection - P,e £ F ' may be constructed with asphalt or similar material as deemed appropriate by :r E p - k ,, : :; r, ,, the—Town-of-Trophy-Gab: ' C. The Cities acknowledge that the Trophy Wood Drive Extension is being constructed pursuant to certain Easement Agreements(the"Easement Agreements")by and between Trophy Club and Pacific Southwest Bank and Oakmont Enterprises,Inc. (the "Landowners"), true and correct copies of which are attached hereto as Exhibit"C". The Easement Agreements provide that the Trophy Wood Drive Extension may remain until such time as the Landowners file a final plat for the property and construct a road in accordance with the Town of Trophy Club's Master Plan,to replace the Trophy Wood Drive Extension. In the event that the Easement Agreements are terminated, ; r9 , f. , : ., Seetrlake agrees that oc t( , its access to ; _ a.s, u. ,t),I ' kwood Boulevard from the Town of Trophy Club a t - e?i �1, , ;Ysc,' �,,: ' .rt : i , ` `it. L ` ,. D. The Cities acknowledge and agree that a traffic control signal(commonly referred to as a "stop light") y mayp be Grequired, at some future date,to control traffic at the Jo x: F..= '_ . ® r' '�S'Q)At ti £,. , 4E C f ..al ,,k GF.. a,a& ...rs `i`ia 1 '$`',,, ' ae K .. ..� i In the event that the , �� co„ hereafter determines that a traffic control signal is needed at this Read-Intersectio .the Citics agrcc to 'rr'F®�a�1;e• , r zir.a,'1 ., € cif 3 C f ,r ' CiVilkkE .rt`;er et r r,:; .E;1 ., .=r(d, ` , OE., E,,„ 1.sq£3 r( e cakp,0,-, f 6rKe(,) 1c ',«10-,, 6'.iy., i.f,), , ,„.Ir s, c€;_ I,c€II r*ifzqp.' kit) ,L,.; r F €, ),r ,c E I r3`(r )1 'rf€°. lie */ ''fik;.i.;?c at' , y;.Irl'gli. [€4,c€Y.r ,cr)r )4r c'€`s a' as~ t rt .,, e ° :-. ).1 t : '; I .c; . F , r d":frlo: r in.,:r ,, -' III tsr, % rr. t `te a,o r ,,tl's,�°ci ,^ ,.; e4.. ' ',. [ _t .JcY d :II e4 y . ,' r r`.:_ t ac g cat S' . f. ) eft r , ,1 The Cities acknowledge that the Trophy Wood Drive Extension will increase traffic on T.W. King road from Trophy Wood Drive to Kirkwood Boulevard. The Town of Trophy Club agrees to overlay T.W. King with asphalt from Trophy Wood Drive to Kirkwood Boulevard. If in` e f turc She Cities agree that a turn lane is required on T.W. King Road. e Town of Trophy Club agrees to incur the cost of construction 'ir),',, g.V6-, ,' a4a ,'[ V=. cis, .( ltiya ai,(i1g' x,.`��rt© l Via, ,ij'0 u C c) w, i® r; g' a I SLA 'uc' �e,Q£ 'IOC) (qe ' t)c Pry 6048c): •---1c)Lt Section 3 Application of laws. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. This Agreement shall be performable and all compensation payable in Denton County, Texas. Venue under this Agreement lies in Denton County, Texas. (....„ Section 4. Severability. b ity. If any clause, paragraph, section or portion of this Agreement shall 2 be found to be illegal, unlawful,unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section,paragraph or portion had not been in the Agreement initially. Section 5. Authority to execute. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto,and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED at Denton County, Texas on the day and year first written above. TOWN OF TROPHY CLUB,TEXAS CITY OF SOUTHLAKE, TEXAS By: James P. Carter, Mayor Gary Fickes, Mayor C ATTEST: ATTEST: By: Karen Sadri,Town Secretary Sandra L. LeGrand, City Secretary STATE OF TEXAS §§ COUNTY OF TARRANT §§ COUNTY OF DENTON §§ This instrument was acknowledged before me on , 1995 by James P. Carter,Mayor of the Town of Trophy Club,Texas a Texas municipal corporation,on behalf of the said Town. NOTARY PUBLIC, State of Texas 3 STATE OF TEXAS §§ COUNTY OF TARRANT §§ COUNTY OF DENTON §§ This instrument was acknowledged before me on , 1995 by Gary Fickes,Mayor of the City of Southlake,Texas,a Texas municipal corporation,on behalf of the said City. NOTARY PUBLIC, State of Texas C C 4 S fl-rJ - $ ..y• 1 16., 1 1 ¢ plll/; c • m .4 c,� 4' C A itV Z \. - i~';� �i� �1��y•'��s�OIPAIr do 'd/bN �133 'itt;. .4..E. if',%at r � � sr It • a j ;p `* 7•••-• :7,... ,0;34:ar is,aka a 0% 1,--: Ow y i�i i:I (6- A.. WI • w :i0 mows. 410 it 2 l 3 f►� I��i via 0.��i�Il•11I 411111��* $04 f� ." �III% �� 0°—is* 0�* ��leg. 1 Sian�� 40 011 Arisiairiet.isjav v.. 41 Ilia ■vim 1' amine1 V sirTi � w ru ■� • i� ��ma Imitr iry ♦«Zr ,r1r�Lu�ro o2�/ �� u TW KING / til r '13 o71 0-4 xo (04 -I M _ 0 0 _1 y z • Exhibit "B" {, (ie, c Int v 3N o r 2 / cli- o 4. i . / •• • • Q� r. 1 N WW 8t4o4,j V W 4 2Na2 (,) �� / < $ u F O C5 kO O / /aa x aV E.`W U SR CO SPA �� / / 1 SI- / cc J O ,C 4o V to y ��P 4. / ZONO� 1 I W CS 4 / WW� Z I N 'CI I-- J► / Y M tu 8 0 PI Q raj,Cto , ao / 000M 03 Q3~ tu NNW 2 �: 44.CN 0°.1011 / // r-UOF 11 I pW fi ' l2 •N n 3� //>.:1It / /V / Zm3x W i Y }x 4 fob h Of1111.14F-' / aazm a�O '� / C Z O oa , i ' (hoe & �f / d ` ��'i6 Noo mNnoI- OQO I© I �II1o� � � nWJ 4 0611k a igi , „/ a / r c a0e / Y W •:\\12 B 34, z < aII s/ `/ / _ a m<► J , t,-,d > Ar4.„," - ., .•; ../.." - I-- ty ',Jr' I i Ti.?:SY -Pv.:. / - • ..:,\ eio , vip , 4:0;4 !,,,,;:,,.., . ,,,,...,,, . , , 1.} /, I .4. / . , 44\,,,N7 5 ry� V _ �' ,SSA "Or 40,114.11111 !,4• 7 „ / \, 21 OCI 8. / . a s z.,_ 'iiiIllio;'-'::`;'-:'-:;---/.!-' y/ •e ^�� /% ': i N /C"--4 'E r .. r, /0P1AA4r-1./..v.r'd-',„....r_i,lri.i.- w" y��.vs� y ��/'_ O ' & 4 tY .\ v - / f / t��10 h ,{dJ:�.Fyn �'� �I `� 1- ce / t r2` is \ / = N C'' C D- ( ,(t) Exhibit "C" STATE OF TEXAS EASEMENT AGREEMENT COUNTY OF DENTON WHEREAS, Oakmont Enterprises, Inc., a Texas corporation (hereinafter "Grantor") is the owner of two tracts of land located within the Town of Trophy Club, Denton County,Texas (hereinafter referred to as the "Town` or 'Grantee'), which two tracts of land are generally described as follows: A 5.9440 acre tract of land and a 4.2360 acre tract of land described in a Special Warranty Deed and Bill of Sale dated August 13, 1992 and filed of record in Volume 3302, Page 693, Real Property Records, Denton County, Texas, and as more accurately described in Exhibit 'A' attached hereto and incorporated herein (the two tracts of land being hereinafter referred to as the 'Property'); and WHEREAS, the northern boundary of the Property is located adjacent to Trophy Wood Drive, a public street located within the Town; and WHEREAS, Grantee desires to extend Trophy Wood Drive in,over, through,and across the Property (which extension is described and depicted in F=hlbit "B" attached hereto and incorporated herein) and Grantor desires to grant and convey to Grantee an casement to extend Trophy Wood Drive for such purpose in accordance with the terms hereof; and WHEREAS, Grantor and Grantee recognize and agree that the easement herein granted is to allow the construction of the Trophy Wood Drive extension in order to alleviate traffic C congestion until such time as an alternate road or street providing access to the east side of Trophy Club can be constructed within or adjacent to the Property. NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), the mutual promises and covenants herein made, and other good and valuable consideration, OAKMONT ENTERPRISES, INC. and the TOWN OF TROPHY CLUB, TEXAS do hereby contract, warrant and agree as follows: 1. Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part of this Easement Agreement for all purposes. 2. Grant of easement. Grantor has this day granted and conveyed, and by these presents does hereby grant and convey, unto the Town of Trophy Club, Denton County, Texas, an easement to place, construct, extend, build, operate, maintain, use, repair and replace a public road or street, together with attendant customary uses (including drainage, utilities and landscaping), in. over, under, through and across the tracts of land described in Exhibit "B' attached hereto and incorporated herein for all purposes. EASE? T AGREEtENF -Page 1 of 4 DOC t..26061$ C 05/18/95 16: 10 TX/RX NO. 1898 P.003 t Y-18-1995 17:14 COI.LES S. THO PSON 214 672 2020 P.04,17 TO HAVE AND TO HOLD the aforesaid easement, together with all and singular the rights and appurtenances thercunto belonging to the Grantor and its respective successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to WANT and DEFEND the said easements unto the Grantee and its successors and assigns against all persons whomsoever lawfully claiming or to claim the same or any part thereof. 3. Duration of easement. This easement shall be in effect and remain until such time as the Grantor has certified in writing to the Grantee that Grantor has filed and duly and properly recorded in Denton County, Texas a final plat for the Property (which plat shall show a road or street which shall provide access from and to the Town of Trophy Club in accordance with the Town of Trophy Club's then current Comprehensive Land Use Plan Map), and the said road or street has been constructed by the Grantor and has been finally approved and accepted by the Town of Trophy Club. 4. Exclusiveness of easement. The easement, rights and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 5. Maintenance. Grantee shall maintain the easement granted and conveyed herein and keep it in good condition and repair for as long as the road constructed thereon shall be open to the public and used and maintained by Grantee. 6. Temporary construction/maintenance easement. In addition to the easement granted in paragraph 2 above, Grantee shall have the right to use as much of the surface of the Property immediately adjacent to the easement area as may be reasonably ne saary for Grantee to place, construct, operate, maintain, and repair the road or street, together with its attendant customary uses, including drainage, utilities and The area for such construction, landscaping. repair and maintenanx shall not exceed the size extendor in time beyond the duration reasonably required for such purposes: On completion of any such construction, maintenance or repair, Grantee shall: (i) replace and restore all fences, walls, or other structures that may have been relocated or removed during the construction, maintenance or repair period, and (ii) execute and file an Affidavit of Completion with the owner of the Property. In addition, Grantee shall pay Grantor reasonable compensation for fences, walls or structures that may not be replaceable and for all vegetation and crops that are damaged or destroyed during any such construction, maintenance or repair. 7. Indemnification. Grantee shall indemnify Grantor against, and hold Grantor harmless from, any and all claims, actions, causes of action, costs, expenses or fees relating to or arising out of Grantee's construction, use or maintenance of the casement, or the condition thereof. 8. Amendment. This Agreement may be amended or modified only by written instrument signed by both the Grantor and the Grantee, or their successors and assigns. 9. Texas law to apply. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the EASEMENT AGREEMENT -roc 2 of 4 • Doe# 260676 05/18/9S 16: 10 TX/RX NO. 1898 P.004 t y-1 S-1 5 17:15 CLUES g THOMPSO J 214 672 2020 P.05.'17 laws of the State of Texas. This Agreement shall be performable and all compensation payable in Denton County, Texas. Venue under this Agreement lies in Demon County, Texas. 10. Severability. If any clause, paragraph, section or portion of this Easement Agreement shall be found to be illegal, unconstitutional, or void for any reason by a court of competent jurisdiction, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have entered into this Easement Agreement as if said clause, section, paragraph or portion had not been in the Agreement initially. 11. Authority to execute. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 12. Binding effect. This Easement Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. EXECUTED this the /f t day of /1142.7 , 1995. GRANTOR: OA.KMONT ENTERPRISES, INC. C he.e..11/ By: : /✓/ Print N C/rh s M. slaty Print Title: CEO STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on AN 0.y Vi , 1995, by C V Ct,4 4 . qott e y , (_E.O • of Oakmont Enterprises, Inc., a Texas corporation, on behalf of said corporation. LESLIE JOHNSON A-S2.41.0. �-t�,p NotxY Pu6Bc,State. of Tms NOTARY PUBLIC, tate of Texas (0) u,Commission EspNn 1Z.IW EASEMENT AGREEMENT -Page 3 of 4 . DOC r.250675 Le 05/18/95 16: 10 TX/RX NO. 1898 P.005 11 MAY-18-1995 17: 15 CCLLES S THOPPSON 214 672 2020 P.06.,17 ACCEPTED BY: GRANTEE: TOWN OF TROPHY CLUB, TEXAS 7 B : i, ' MAYOR PRO-TEM FRANK E. HILL • • gASEMENT AGREEMENT -Page 4 of 4 DOC 1:260671 (11w, 05/18/95 16: 10 TX/RX NO. 1898 P.006 111 MAY-18-1995 1?:25 COI.LES & THOMPSOJ 214 672 2020 P.07.,17 Being a tract of land situated in the I. Henry Surrey, Abstract 528, Denton County, Texas, and being part of a 5.9440 acre tract of land as described in a special warranty deed filed of record in Volume 3302, Page 693, Deed Records, Deacon County, Texas, and also being a portion of a 307.91 acre tract as recorded in Volume 676, Page 153, Deed Records, Denton County, Teas, and being more particularly desca'bod as follows: COMMENCING at the northeast corner of said 5.9439 acre tract. said point a: being the southeast corner of Lot 721. Trophy Club Section 9 as shown on p: recorded in Values 16. Pate 17. t.P.O.C.T., and lying on the vest right-of- way line of County toad No. 3088 (T. V. King County goad); TRICE S 00'16'14" V. 80.00 fast along said west right-of-way line to POINT OF BEGINNING; THENCE continuing along said vest right-of-way line S 00616'14" V. 40 feat to a point for corner; THENCE leaving said vest right-of-way line N 89643'46" V. 411.62 feet tc point of tangency with a 205.13 foot radius curve to the right; THENCE along the arc of said curve through a central angle of 62'58'I for a distance of 223.43 feet co a point for corner; THENCE tangent to said curve It 26645'44" V. 36.31 feet to a point of tango with a 173.43 foot radius curve to the right; THENCE along the are of said curve through a central angle of 16'44'4 for a distance of S0.65 feet to a non-tangent point on the westerly props line of the aforementioned 5.9439 acre tract of land; THENCE northerly along said property line being a curve which bears to left having a radium of 435.63 feet; THENCE along the arc of said curve through a central angle of 12'13": for a distance of 92.96 feet to a point of intersection with the ctaterl of Trophy Stood Drive; THENCE non-tangent to said curve and continuing along the northerly props line of said tract of land S 67.53'17" E. 36.50 feet to a point for corner THENCE leaving said property line $ 22.06'43" W. 36.31 feet to a point tangency with a 116.92 foot radius curve which bears to the left; • THENCE along the are of said curve through a central angle of 48'52' for a distance of 99.74 feet to a point of compound curvature with a 165 foot radius curve which bears co the left; THENCE continuing south along the arc of said curve through s central an of 62658102" for a distance of 151.48 feet to a point for corner; THENCE tangent to said curve S 89'43'46" E. 411.62 feet to the POINT SEGINKING and containing 0.7204 scree of land. sore or less. EX33333IT "A" TO EASEMENT AGREEMENT - PAGE 1 OF 2 C 5fl- `A 05/18/95 16: 10 TX/RX NO. 1898 P.007 11 MAY-18-199S 17: 16 COWLES 8 THOf1PSON 214 672 2020 P.08/1: • Being a tract of land situated in the I. Henry Survey, Abstract 528, Denton County,Texas, and being part of a 4.2360 acre tract of land as described in a special warranty deed filed of record in Volume 3302, Page 693, Deed Records, Denton County, Texas,s, and also being a portion of a 307.91 acre tract as recorded in Volume 676, Page 153, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGLNKIt1G at the northeast corner of said 4.2356 acre tract. acid point alit being the intersection of the centerline of Trophy Wood Drive with thi northerly property line of said 4.2356 acre tract of land; THENCE southerly along a 435.63 foot radius curve which beers to the right through a central angle of 12'13'36" for a distance of 92.96 feet to a point on a non-tangent non-concentric 173.63 foot radius curve which bears to cht right; THENCE northerly along the arc of said curve through a central angle of 32'06'25" for i distance of 97.29 feet to a point on the northerly propert, line of the aforementioned 4.2356 acre tract; THEl4CE non-tangent to said curve and along the northerly property line o: said 4.2356 acre tract. $ 67'33'17" E. 36.50 feet to the POINT 01 IBGE1XINt and containing 0.0522 acres or 2,272.77 square feet of land. more or lass. • EXHIBIT "A" TO EASE114ENT AGREEMENT - PAGE 2 OF 2 C 05/18/95 16: 10 TX/RX NO. 1898 P.008 ■ mAY-18-1995 17:16 COWLES & T!-IOP PSONJ 214 672 202O P.09'17 C Parcel No. 1 Part of the Joseph Weary Survey, Abstract No. 742. (Tarrant County) Abstract No. 528 (Denton County) situated in the city of Trophy Club, Texas; and embracing a portion of Tract 9, a 5-944/1000 acres tract described in the Special Warranty Deed and Bill of Sale to Trophy Joint Venture recorded in volume 3302, page 693 of the Real Property Records of Denton County, Texas. Beginning at a 5/8" iron found for the northwest corner of said Tract 9 in the south line of Trophy Hood Drive as it appears upon the map of Trophy Club Section Nine recorded in cabinet K, page 74 of the Plat Records of Denton County, Texas, and the northeast corner of Tract 11 recorded in said volume 3302, page 693 of the said Real Records. Thence south 67 degrees-13 minutes-42 seconds east, along the said south line of Trophy Wood Drive and the north line of said Tract 9, a distance of 40 feet to the southwest corner of Lot 726 in said Section 9 and the beginning of a curve to the right having a radius Ar of 475-65/100 feet. Thence along said curve an arc length of 98-79/100 feet to its end and the beginning of a curve to the lett having a radius of 200 feet, the long chord of said 98-79/100 feet arc is south 28 degrees-22 minutes-04 seconds west 98-62/100 feet. Thence along said curve to the left an arc length of 235-23/100 feet to its end and the beginning of another curve to the left having a radius of 225 feet, the long chord of said 235-23/100 feet arc is south no degrees-37 minutes-23 seconds west 221-91/100 feet. Thence along the last mention curve to the left, an arc- length of 106-64/100 feet to the south line of said Tract 9 and the north • line of the 24-4237/10000 acres tract described in the Substitute Trustees's Deed to Pacific Southwest Bank. F.S.B. recorded in volume 10307, page 2200 of the Tarrant County Deed Record, and being in a curve to the right having a radius of 1,010 feet; the long chord of said 106-64/100 feet arc is south 46 degrees-38 minutes-59 seconds east 105-65/100 feet. Thence along the said south line of Tract 9 and the north line of said 24-4237/10000 acres tract, along said curve to the right an arc length of 186-84/100 feet io its intersection with a curve to the right having a radius of 275 feet, the long chord of said 186- 84/100 feet arc is north 54 degrees -5S minute-41 seconds west 186 58/100 feet. • EXHIBIT 'B" TO EASEMENT AGREE:ME T - PAGE 1 OF 3 (hoe 05/18/95 16: 10 TX/RX NO. 1898 P.009 R t i-18-199S 17=16 COWLES S THOMPS N 214 672 02e" P. 2&'17 • Thence along said curve an arc length of 139-41/100 teat to its intersection with the west line of said Tract 9 and the east line of said Tract 11. in a curve to the left having a radius of 435- 65/100 feet ; the long chord of said 139-41/100 feet arc is north 7 degrees-14 minutes-08 seconds west 137-92/100 feet. Thence along said west line of Tract 9 and the said east line of Tract 11, along said curve an arc length of 186-81/100 feet to the place of beginning and containing 18.221 square feet, the long chord of said 186-81/100 feet arc is north 34 degrees-42 minutes-08 seconds east 185-39/100 feet. Parcel No. 2 Part of the Joseph Henry Survey, Abstract No. 742, (Tarrant County) Abstract Ho. 528 (Denton County) situated in the City of Trophy Club, Texas; and embracing a portion of Tract 11, a 4-236/1000 acres tract described in the Special Warranty Deed and Bill of Sale to Trophy Joint Venture recorded in volume- 3302, page 693 of the Real Property Records of Denton County, Texas . Beginning at a S/8" iron found for the northeast corner of said Tract 11 in the south line of Trophy Wood Drive as in appears upon the map of Trophy Club Section Nine recorded in cabinet x, page 74 of the Plat Records of Denton County, Texas . and the northwest corner of Tract 9 recorded in said volume 3302, page 693 of the said Real Records, and for the beginning of a curve to the right having a radius of 435-65/100 feet. Thence along .the east line of said Tract 11 and the vest line of said Tract 9, along said curve an arc length of 186-81/100 feet to its intersection with a curve to the right having a radius of 275 feet, the long chord of said 186-81/100 feet arc is south 34 degrees-42 minutes-08 seconds west 185-39/100 feet. Thence along said curve an arc length of 117-66/200 feet to its end in a common line of said Tract 11 and Got 754 in said Section Mine, being a curve to the left having a radius of 39S-65/100 feet; the long chord of said 117-66/100 feet arc is north 19 degrees-32 minutes-42 seconds east 116-77/100 feet. Thence along said common line, along said curve an arc length of 65-06/100 to its end and the northerly northwest corner of said Tract 11 and the southwest corner of said Trophy Wood Drive, the long chord of said 65-06/100 feet are is north 27 degrees-05 minutes-32 seconds east 64-98/100 feet . Thence south 67 degrees -13 minutes-42 seconds east, along the south line of said Trophy Wood Drive- and a north line of said Tract 11, a distance of 40 feet to the place of beginning and containing 5,793 square feet. r'XMaBlT RBR TO EASEL LENT AGREEMENT - PAGE 2 OF 3 (we 05/18/95 16: 10 TX/RX NO. 1898 P.010 tiW-29-1995 27:17 COI„LES 8 T &IMPSrt4 22J 672 21327 P. 21.,27 • • • 1 • i2.R 3/11 V411 TM. • l • 63.Or .- lC • al.tr =t<C SIT 1�'4?"t 1127os•3rt 0 w ?03•91f 4,/ C .. R • 433.47 MOW( O LOS T • 14aP SEC1101NNE 1. • 1 TROPHY �•`� • LOT 726 • 17k R • 47303t • • • 1.4 ... 116.7T / T • Mom' N1T3e41<E \�, l• 1tf.7f u - x6? . PARCEL 1�1a 2 S2S2tbt'1r • . ' . . - . TRACT I t •• 4.234 AC. 5.793 S— /� PARCEL NO. 1 IRONS(. TO tiFlnulE 1 a.u1 S.F. TRACT 1 1- 62a4 IC. • VOL. SM. PO. ssi 0 • 4773*e em*alma WOW 1t0.C.17. R 2001d Tr1 + 1.N • R.TJ1.0.0.T2. / T • 13J34{t l21S2t LC '• 221.1r /� SDO3T21rt P=; �i,. R •• Oar . .-L - 130.4r 'i, i : 06.s4' LC - 137.0? •. LC • 't0 .SS• NOTI4�OCW S4r34'14rE • • \ (h.- • • A - 1733•54 • . 1• J< w 1010_90' T - as.$r � ` ` � � 1 - 106.114 ._ lC•1a6 St' _� N54• 5.41.i 1 JOSEPO Reef SUM 24.4237 AC. OoaoK tMQ CO / - l i& NO. bn . 1p• TNRRANT =UM - NBSOL NO. 742 VOL 1030/ PO. 2200 VARIABLE MOTH ' Romer EASEMENT • - • oc1418a A PARE. 140.5 1 & 2 • 4 • LORE Ths tool•lir bowing b • :emvit Ras of Tract k s lest h nd Is iron copped SCISTI+c t 4 le f•r Rs 0000464 comer hold us fie ?EAGUB NALL AND PEP•IQNS 100 0 100 200 I • • . •• • • • ..... ■ ■ ■tol ft ( 1 ....1.1as_••07 ••I.)••....•• • GRAPH/C SCAE - rEET EXHIBIT "B" TO EASEMENT AGREEMENT - PAGE 3 OF 3 C 51-, .- \ 05/18/95 16: 10 TX/RX NO. 1898 P.011 e STATE OF TEXAS $ EASEMENT AGREEMENT COUNTY OF DENTON § WHEREAS, Pacific Southwest Bank, a federal savings bank, (hereafter "Grantor") is the owner of a tract of land located within the Town of Trophy Club,Denton County,Texas(hereinafter referred to as the "Town" or "Grantee')which is generally described as follows: A part of the Joseph Henry Survey,Abstract No.742 (Tarrant County),Abstract No. 528 (Denton County) situated in the Town of Trophy Club, Texas and embracing a portion of the 24-4237/10000 acre tract described in the Substitute Trustee's Deed to Pacific Southwest Bank,F.S.B.recorded in Volume 10307,Page 2200 of the Tarrant County Deed Records, and as more accurately described in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Trophy Wood Drive, a public street located within the Town is located immediately north of the northern boundary line of the Property; and WHEREAS,Grantee desires to extend Trophy Wood Drive in,over,through,and across the Property(which extensions is described and depicted in Exhibit"B"attached hereto and incorporated herein) and Grantor desires to grant and convey to Grantee an easement to extend Trophy Wood Drive for such purpose in accordance with the terms hereof and WHEREAS, Grantor and Grantee recognizeand agree that the easement herein granted gr gran ed is to allow the construction of the Trophy Wood Drive extension in order to alleviate traffic congestion until such time as an alternate road or street providing access to the east side of Trophy Club can be constructed within or adjacent to the Property. NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00),the mutual promises and covenants herein made,and other good and valuable consideration, PACIFIC SOUTHWEST BANK, a federal savings bank, and the TOWN OF TROPHY CLUB, TEXAS do hereby contract,warrant and agree as follows: 1. Incorporation of premises.The above and foregoing premises are true and correct and are incorporated herein and made a part of this Easement Agreement for all purposes. 2. Grant of easement. Grantor has this day granted and conveyed,and by these presents does hereby grant and convey,unto the Town of Trophy Club, Denton County,Texas, an easement to place, construct, extent, build, operate, maintain, use, repair and replace a public road or street, together with attendant customary uses(including drainage,utilities and landscaping),in,over,under, through and across the tracts of land described in Exhibit"B"attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD the aforesaid easement,together with all and singular the rights and appurtenances thereunto belonging to the Grantor and its respective successors and assigns;and the Grantor does hereby bind itself,its successors and assigns,to WARRANT and DEFEND the said 1 • easements unto the Grantee and its successors and assigns against all persons whomsoever lawfully ce claiming or to claim the same or any part thereof. 3. Duration of easement. This easement shall be in effect and remain until such time as the Grantor has certified in writing to the Grantee that Grantor has filed and duly and properly recorded in Denton County,Texas a final plat for the Property(which plat shall show a road or street which shall provide access from and to the Town of Trophy Club in accordance with the Town of Trophy Club's then current Comprehensive Land Use Plan Map), and the said road or street has been constructed by the Grantor and has been finally approved and accepted by the Town of Trophy Club. 4. Exclusiveness of easement. The easement, rights and privileges granted by this conveyance are exclusive, and Grantor covenants not to convey any other easement or conflicting rights in the area covered by this grant. 5. Maintenance. Grantee shall maintain the easement granted and conveyed herein and keep it in good condition and repair for as long as the road constructed thereon shall be open to the public and used and maintained by Grantee. 6. Temporary construction/maintenance easement. In addition to the easement granted in paragraph 2 above, Grantee shall have the right to use as much of the surface of the Property immediately adjacent to the easement area as may be reasonably necessary for Grantee to place, construct,operate,maintain,and repair the road or street,together with its attendant customary uses, including drainage,utilities and landscaping. The area for such construction,repair and maintenance shall not exceed the size or extend in time beyond the duration reasonable required for such purposes. On completion of any such construction,maintenance or repair,Grantee shall replace and restore all fences, walls, or other structures that may have been relocated or removed during the construction, maintenance or repair period. In addition, Grantee shall pay Grantor reasonable compensation for fences,walls or structures that may not be replaceable and for all vegetation and crops that are damaged or destroyed during any such construction, maintenance or repair. 7. Indemnifaction. Grantee shall indemnify Grantor against,and hold Grantor harmless from, any and all claims, actions, causes of action, costs, expenses or fees relating to or arising out of Grantee's construction, use or maintenance of the easement, or the condition thereof. 8. Amendment. This Agreement may be amended or modified only by written instrument signed by both the Grantor and the Grantee, or their successors and assigns. 9. Texas law to apply. The validity of this Agreement and of any of its terms or provisions,as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. This Agreement shall be performable and all compensation payable in Dallas County, Texas. Venue under this Agreement lies in Denton county, Texas. 10. Severability. If any clause,paragraph,section or portion of this Easement Agreement shall be found to be illegal, unconstitutional, or void for any reason by a court of competent jurisdiction, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have entered into this Easement Agreement as if said clause, section, paragraph or portion had not been in the Agreement initially. 2 11. Authority to execute. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 12. Binding effect. This Easement Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. EXECUTED this the jitji day of 4y , 1995 GRANTOR PACIFIC SOUTHWEST BANK By: #0) 1_ .(4...6oeed-,40e. Print Name .G'�. /�ie de Print Title: f��4� rRE4-40 1h- STATE OF TEXAS COUNTY OF Aie/S This instrgik ent was acknowledged before me on /)7/4 /% 7S 1995, by L ' RET/fitr� �� /�F r'S/��c/7` ' ofPark Southwest Bank, a federal savings bank, on behalf of said Bank. "',; LINDA BREWER L NOTARY PUBLIC N& USeofTexas li,< STATE OF TEXAS COsim f XP. 06-27-98 ACCEPTED BY: GRANTEE TOWN OF TROPHY CLUB, TEXAS 41*. MAYOR PRO-TEM FRANK E. HILL (ore 3 COWLES O 1 HUtir'SUN Fax:214b(22U ili _ May 16 ''35 lb:4.5 C . . . - Parcel 4o. 3 :: .. • , .. • . !part of the 30seph. lienry.iSurvey:,...Abstract Ito. 742,-( Tarrant County) Abstract No. 528 .(DentO0 County) : situated in the City of Trophy club, Texas; and :embricng .a •Portion.' of the .: 2i.-4237/10000 . acres I . tract dascribed: in. thi! SubstituteTrustee's Deed' to Pacific i- • Southwest. Bank, Yl..S.B...:i.fecorded• in .yolume,103.07, page 2200 of the Tarrant County .D:eed Weeords.. .:-. • . :.:.. : ._. . . • . ' ! • - i Beginning at a 5/B" 'irili P.' capPid. "StwPCOr found for' the northeast corner ,of said 247.423740000 acres tract and 'the southeast corner • , I of Tract 9, a 5-944/100q: acres:tract. described in:Stiecial Warranty . r Deed. and BM of..SateltO- Trophy Joint. Vinturt recorded in volume 3302, page 693 of :Alla Rea'. Property Records Of Denton . County, . . Texas, -by deed:cap:: ini.the west 1_i,ne..•of.. County Roadlio.• 3008 (T.14. , , King Road) .- j• .- • :- -••:: : -..: :.: • ••,. *. . .'. •-.. - .- . : :* - ' I . : • . ili ' ....._,' Thence south no •degrIls =4. -;17- : nutea.-39 seconds west,. continuing long the said aist'li - of the 2.44237/1000! acFes tract and. said. • I et lina of King Roacil 50 feet. •••••••••• • • • • -il: ,, . . • . . , r.. . ..,.. . ,.. • - Thence along a curve .71e1.1.111. e, right hiving a radius of -:1060 -feet, .in: arc - length.:Of 562,80 -100- feet- .to. its -end and the -1:f.eginning of . . ., another curve to the. ght: having a, radius of- 275 . feet,: the long- • chord of said 562-80/ leek arc is north 75.degreas-26 minutes-I1 seconds west 556-21/100 -feet-. • . • . . . .. i ' '. .• t • . - ' - - r• - - . Thence along list Meatj iOnfcl. curve 'to -the right an arc length of 130-34/100 feet to.iti lend,. the•lang...chord .cif said 130-34/100 feet. arc is north .46 degree, -38 lainUtes-59 seconds. west:129-12/100.feet: -• . . . • - •. . ,. • •. • • • • .Thence north 33 :,degra •-•04• fainutes-18 .seconds west 1653/100. feet , • :. 'to the- beginning •of,-.1 curve. to:.the right having a radius of 275 .. .feet. • • . 11 - insane* along said c ;. • .-an. -arc-. length 14-30/100 feet to. the. north line of said 24-423741.0000 •acrea :tract and.the:•south line-of- said : • Tract 9, - in a 'curve tlql the left laving a radius'of •*.;01.0 feet, the - long. : chord of -said.I.54-30/100 - feet. are' • is- north '.•27 degrees24 " '. .. • 'Minutes-SS: seconds wen. :54-21./100 feet:. '.... • - .. • • , 7 • ' . • Thence along .the sat north tins of .the..A4*-.423,7/10000 acres tract ... . *ad the. said•scUth a • of .Tract *9,*. along laid-cuve.. an 'arc length • of '723-92/100 feet' t4 tlx•-. place*:ot• beginning and containing. 33,162 square feet, tha•long chord.of eaid.123-42/100- lett:are:is_south• 70 : . . : .• Cliagrikes-09 .rainUtes,-4 xeconds• •eait.:708.4.52/100-;test4 -• . ... • . : • • . . . . . . . .• • , . .- - . . .. . . sz.-.." . • -. • -: , . .. . . . . - • - . . .. , . • agor To FASEMENT AGREEMENT - PAGE 1 OF 2 - - :.• . _ . • . - • •._ • • CIT- . - - I 1 - I li . L.UWLLS . 1 MU"t' UIV t dx•L 140(LLULU tidy 10 yD 1 b-44 I-'.U6/LPd • ... 1710PKY CLUB ci . now we • f 4 .. 1 f 1ami 175.00' • . r L <.54 • ` 1i2T24-alr. ' • � . L1« D :i • •` 1 • M � • R,A•IOt000! i il ' I 6 . . iA �r\- • �• �G'di 700S2' I . •• . t s7uO4(L i . • •i t • • • eV,/ . r. li . • . (..., " . ji. 33,7e2.SF. • . • • 3 24.1237 /G b • '1rJ - 104007 f VOLFrL 1,c • ists1- ir...ix • -• rtsIrt r - j! % I ' � ' • 1 R1i . • I • . . : �f,1AR . PARca Wt. '3 i / y • • N . - i• i • I.. gat. .••" . 7. . . 1 M A .M. . '~• fs'7rt- 1010 1. son c . It� 100 • 0 1 , i • r.u4 tti 11 f . . pm •�• tOQ _ ...list:=, lir... .. I1srsn.a.fm{ • oR1PI„c scMt _ ex _ j M li - .AG - PAGE 2 OF 2 E�tat�a B To EASEMENT • I •1 __ ,: City of Southlake,Texas MEMORANDUM July 14, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal Agreement With Westlake for N-1 Sewer City of Southlake has contracted with Trinity River Authority (TRA) to build the Denton Creek Wastewater Pressure System (DCWPS). Southlake has committed to pay the debt retirement of the bonds sold by TRA. The DCWPS is designed to transport the wastewater from Southlake, a portion of Keller, Lake Turner MUD's 1,2, and 3 (all in Westlake), the remaining portions of the City of Westlake and other unincorporated areas. The City of Southlake is the contracting party with TRA and has complete control on how much and to whom capacity in the DCWPS is sold. Westlake is not a "contracting party" in the Denton Creek Wastewater Treatment Plant. Therefore, Southlake as a contracting party will be billed for any of Westlake's wastewater. Coventry Subdivision, in Southlake, is proposing to build a portion of the N-1 gravity sewer along Kirkwood Creek and Higgins Branch in northwest Southlake. The N-1 Sewer will cross a portion of Westlake and is sized to transport wastewater from Westlake property within the N-1 (Kirkwood) basin to the DCWPS. Coventry's developer must obtain two easements from Westlake residents for the N-i Sewer. These easements have not been granted by Westlake until an interlocal agreement is approved. Southlake also needs this interlocal agreement to assure Westlake's participation in the costs for construction and maintenance of both the N-1 Sewer and the DCWPS. The following are the main considerations in the proposed Interlocal Agreement with Westlake: The Agreement will base each City's share of using the N-1 sewer line by utilizing a percentage share. There are approximately 2,351 acres contained in the N-1 drainage basin: Southlake's portion is approximately 1,163 acres, Westlake's portion is approximately 1,078 acres, and Keller's portion is approximately 110 acres. The total capacity of the N-1 sewer line is 5.010 million gallons per day (mgd). Based upon the percentages of the drainage basin, Southlake's share is 49.5% or 2.48 mgd, Westlake's share is 45.8% or 2.295 mgd, and Keller's is 4.7% or .234 mgd. The Coventry Addition Developer Agreement dated June 20, 1995 calls for the developer to build the N-1 Sewer, pursuant to the terms of the developer agreement concerning sewer pro-rata and oversizing. Westlake agrees to pay to Southlake their share of the pro- 5e_- (60, Curtis E. Hawk, City Manager Interlocal Agreement With Westlake for N-i Sewer July 13, 1995 Page 2. rata and oversizing to which the developer is due. Westlake's estimated share is 45.8% of$720,000 or $329,760. These fees will be paid prior to a connection by Westlake to the N-1 sewer line. Westlake agrees to pay their share of the DCWPS which is $156,900. [Westlake's share is 3% of the DCWPS. The cost of the DCWPS is $5.23 million, therefore, 3% times $5.23 million equals $156,900]. Westlake further agrees to pay the MUD's share of the DCWPS if the MUD's are dissolved, as the Lake Turner MUD's are also within the corporate limits of Westlake. Westlake will install a meter at the appropriate point on the N-1 Sewer. Southlake will monitor the meter. The operation and maintenance charges from TRA for treatment costs will be billed to Westlake based upon the monthly meter readings. Westlake agrees to not sell or assign any capacity in the N-1 Sewer line to any customer (kir or entities outside their city limits without written consent of the City of Southlake Please place this on the July 18, 1995 agenda for Council consideration. cevs- mil ' 4 BW/sm Attachment: Interlocal Agreement wp60\wpdocs\wthead.mem\westlake,nl L 5 -2 (hp, INTERLOCAL AGREEMENT BETWEEN THE CITY OF WESTLAKE AND THE CITY OF SOUTHLAKE FOR USE OF N-1 SEWER LINE STATE OF TEXAS § COUNTY OF TARRANT § COUNTY OF DENTON § This Agreement is made and entered into by and between the City of Westlake,Texas,a general law municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties(hereinafter referred to as "Westlake"),and the City of Southlake,Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties(hereinafter referred to as"Southlake"). WHEREAS, Southlake has entered into a contract with the Trinity River Authority of Texas ("TRA")for participation in the Denton Creek Regional Wastewater Treatment System, which will treat wastewater generated by the Cities, in addition to other entities. WHEREAS, TRA and Southlake have entered into agreements for the acquisition of easements and the financing,design and construction of the Denton Creek Wastewater Pressure System("DCWPS"), WHEREAS, Coventry Subdivision is currently being developed in Southlake's N-1 drainage basin of the Denton Creek Regional Wastewater Treatment System; and WHEREAS, in order to provide sanitary sewer service to the Coventy Subdivision,the developer of the Coventry Subdivision has agreed with Southlake to construct the N-1 sewer line which is an eighteen inch(18") sewer line extending approximately 10,000 linear feet,roughly following the alignment of Higgins Branch and Kirkwood Creek from south of West Dove Road to north of S.H. 114 and which will connect the Coventry Subdivision to the Kirkwood Branch ,rr 1 Loi Pump Station in Phase III of the DCWPS; and WHEREAS,a portion of the N-1 sewer line will be located within the city limits of Westlake; and WHEREAS,the N-1 sewer line has been designed to provide capacity for properties located within Westlake, Keller and Southlake; and WHEREAS,the Cities mutually desire to enter into an agreement to set forth their respective rights and obligations with respect to the N-1 sewer line; and WHEREAS,the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes city governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those in the area of public health, sanitation and utility service; NOW,THEREFORE, for the mutual consideration herein stated, Westlake and Southlake agree as follows: 1. Southlake and Westlake agree to share in the cost of construction and maintenance of the N-1 sewer line and DCWPS, as provided in this agreement. In addition,this agreement will govern the flow capacities of the respective Cities in the N-1 sewer line and other matters related to the use and operation of the N-1 sewer line. 2. The parties hereby agree that the following percentages of capacity shall be applicable to the N-1 sewer line: Southlake 54.2%,Westlake 45.8%. The N-1 sewer line has been designed to serve the entire N-1 watershed, as depicted on Exhibit A attached hereto, which contains 2 , approximately 2,351 acres. Approximately 1,078 acres are located in Westlake approximately 110 acres are located in Keller, and approximately 1,163 acres are located in Southlake. The N-1 sewer line has been designed as an 18-inch diameter sewer line with a planned capacity of 5.010 million gallons per day(mgd"). Based upon their respective percentages of the drainage basin, Westlake is entitled to 45.8%of the total capacity of the N-1 line(2.295 mgd), Southlake is entitled 49.5%of the total capacity of the line(2.48mgd), and Keller is entitled to 4.7%of the total capacity of the line(.234 mgd). 3. The N-1 sewer line will be constructed by the developer of the Coventry Subdivision pursuant to a Developer's Agreement dated June 20, 1995 between Southlake and the Developer. The estimated cost for construction of the N-1 sewer line is$720,000. Pursuant to the terms of (..,„ the Developer's Agreement and Southlake's pro rata sewer ordinance(Ordinance 493),the Developer is entitled to pro rata and oversizing reimbursements for excess capacity in the N-1 sewer line. For connections made to the N-1 sewer line which serve properties located within the city limits of Westlake,Westlake hereby covenants and agrees to pay to Southlake Westlake's share of all pro rata and oversizing reimbursements to which the Developer is entitled under the terms of the Developer's Agreement. These fees must be paid to Southlake prior to connection being made to the N-1 sewer line. 4. Trinity River Authority of Texas,Denton Creek Regional Wastewater System,Denton Creek Pressure System,Phase III,Design Report has allocated to City of Westlake(outside of the Lake Turner MUD's) a 3%share of the DCWPS. The estimated cost of construction of the (...- 3 5&5 DCWPS is$5.23 million. Therefore, Westlake hereby covenants and agrees to pay$156,900 to Southlake prior to any connection within Westlake(outside Lake Turner MUD's)made to the DCWPS. Westlake further covenants and agrees to pay Lake Turner MUD's No. 1,2, and 3 share if Lake Turner MUD's are dissolved. The Cities understand and agree that TRA will operate and maintain the DCWPS and that the Cities are liable for their respective percentages of operation and maintenance costs based upon their percentages of participation in the DCWPS. In the event that TRA assumes the operation and maintenance of the N-1 sewer line as a portion of the DCWPS,and prior to that time, Westlake and Southlake agree to share in operation and maintenance costs based upon the percentage of capacity reserved to the respective cities in the N-1 sewer line pursuant to Section 2 of this agreement. 5. Meter stations shall be installed to meter flows within the DCWPS from the respective Cities. The costs of such meter station shall be borne by the respective city for which such meter station was installed. 6. All right,title and interest in the N-1 sewer line and all appurtenances and easements associated therewith shall remain the property of Southlake until and unless TRA assumes control of said sewer line as a part of the DCWPS. 7. Westlake agrees to assist and cooperate with Southlake in obtaining any necessary permits or easements for the N-1 sewer line. In addition, Westlake agrees to cooperate with the ,+ 4 L5C" 1 Developer of the Coventry Subdivision in the construction of the N-1 sewer line. 8. No connection to the N-1 sewer line from property located within the city limits of Westlake shall be made unless at least five(5)business days'prior written notice is given to Southlake. All connections to the N-1 sewer line shall be inspected and approved by a Southlake representative or TRA before said construction is backfield. 9. This agreement constitutes the sole and only agreement of the parties hereto regarding the construction and use of the N-1 sewer line and supersedes any prior understanding or oral or written agreements between the Cities regarding the subject matter of this Agreement. Notwithstanding the above,the Cities understand and acknowledge that the construction, Li operation,use and maintenance of the N-1 sewer line shall be subject to any agreements between the Cities and TRA that apply to the construction,operation,use and maintenance of the Denton Creek Regional Wastewater Treatment System. 10. Westlake covenants and agrees that it shall not sell or assign any capacity in the N-1 sewer line to customers or entities outside the city limits of Westlake or allow properties located outside the N-1 drainage basin to be served by the sewer line unless the prior,written consent of Southlake is obtained. 11. Any notice provided for herein shall be given in writing and delivered or mailed by certified or registered United States Main,postage prepaid, addressed as follows: 5 5�--? Ce IF TO THE CITY OF SOUTHLAKE: IF TO THE CITY OF WESTLAKE: City of Southlake City of Westlake Attn: City Manager Attn: Mayor 667 N. Carroll Ave. Southlake,Texas 76092 Westlake, Texas The designation of a person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party giving notice to the other party. 12. This Agreement and all of its terms and provision,as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement,venue for said lawsuit shall be in Tarrant County,Texas. 13. In the event than any portion of this Agreement shall be found contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent legally permissible. 14. Each party agrees to accept full responsibility for the acts,negligence and/or omissions of its respective officers,employees and agents. It is the intent of the Cities that each will be responsible to the extent permitted by law,but this provision is not intended to waive any element of sovereign immunity,or to remove any further protection afforded general purpose units of government pursuant to Texas law. 15. 6 5c- 2 The undersigned officers and/or agents of the Cities hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Cities. Each city hereto certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals on the dates indicated below. CITY OF WESTLAKE By: Mayor Date: ATTEST: City Secretary City of Westlake CITY OF SOUTHLAKE By: 7 5c-q (6•91 Mayor Date: Attest: City Secretary City of Southlake C 8 5c - io . 0 F '"43".1,3 ....,9;',i'-'1".;'.'./•;:iii„..• ,.0:..... ..,,./....... ••••,‘,..f/., •/,,•.......,;, td' .....!.1 iiii_X--.... --- ,•-•:---'---E•jaIT.,21*1....:. / .•. . . /* - *. . . ia. ... itat_ul ,p ,...--, . a I i - , ....r. (1- SOUTHLAKE , ?„, , 0, 1,.. .... --_:;:.: ,r,,• •.... ., ;77. .......:4q,s . s, % .- s- — .... 1 1419$ 0,1 i- ^•, 1 • il ..'-, •.,... i---.7, •-,, s.i•,cial- .1- .r ,,. CONCEPT PLAN , ., „ r SANITARY SEWER SYSTEM ,...,... ,..„..........-i.„,-, _ 1, --',:-.1 L ^I •, 10 YEAR CIP — 19951-....-.. -,o-, ,—1, ,: •,- . -, .._. - . - 1 _ .., . N . .*.'11 ;)-:.:-..-.'"z-z-...... .:,... '`...-:-----::". "1"),.......'-.----.:-.•.t...if .r.,-, 0 1„, ;,- ....-:-..--vc- ',.. ..i.i......_.. --'..- Mr. WILL* .iliatut,•-i r.-.1:::::::-...... .---..,;;;,-...z:::::t,,-J7._..,!:„.:2,'-:::;;,.•*--A \I\ ''---.r:"."' .'-'""' , !!&-uP,- Fr 4.-21rAi E 1 _-- „,,.... ------ .--6 1 11 ...:..„.„:„.,?:,,,,,,-.„,.. , , .111 Ittriff 1 iii;-----.."Paift... 4, „ .., •i ...c.( ......„,...-„s.• ;tp,,:o•gil i c„,,,........... . „ • i •... . mnrinic- .4o. . ..„„ 7 ',....--,.....„..... -.--...,....,.. .. -.---.......ar. -......&C.mr......... .7.. 1 l -- SI - ----'- 4 . ,. an OM.% 1 .2.t....) I DENTON MIMIC DUE . . .•`:".---", J 14,5411V 't ,........... • t , ,. ,,........ *Mr....... ' 74.1E 1 ' ,: , .14.1" 7 ' t..:.1. ;. , -1E44 JULY, 1995 ....._- , -4, .„: ••••.... , .....• _,--•--, ""II 1.41r7A0.1, ii.,.....L.......i......._......f....r__............— . 1,...ak. . : ...... . . ' ------ ''.... ..:-....,..... . I i 'I_ un ----1 - 1 .- .. / / ,Oi- tlt \ • lei.1, , 1 I 7 490 laPs 01x, Ive :. ..ars14540 I ......(l' cur=IC=nit MR \ 01fiti OnC14, e• ' :mu •'' LA,•1 IdIARTIA„V.. A\-"-- ;ili i '.\\ ,t/ \ ..-'''<..''.4.41-, . l""'“."7.... 1 Ff \ ... ....,............. I 1 LEGEND 1:11 (..t1,- , . • 0 . 2 1 '', ..-i I e 8 '' — - .C.51. IN1100. ..,, ,,,-..' ...!. •••••••••sournaz CITY Inas. Iv < ••••••••••••••••••OTHER CITY LIMTS '` I 'ft. -..... c________SURVEY urns , : A -! ..... .,..4. 4 _.__CORPS OF ENGINEERS BOUNDARY , Iii------- • . --, ,i •41 I #/'''.is:\ t NI \, UI 4------'4, ••••=•• •• •EXISTING San UNE A ..% NOT INCLUDED IN 1995 IMPACT FEE UPDATE — 0 i 0 ° 1 "1-1.. . • I., ',..•' i•4 7.:-.,..14.....1. ....... .......,PROPOSED SEWER LINE TO BE BUILT WITHIN 10 YEARS V'. •...';L. -I till S I O EXISTING LIFT STATION ...te I 1 ••• vs 7 mew A.m... '-`-r-r. • EXISTING SEWER PLANT 1---------.' ,ar-- , '-lstyliZi- - \ \ ., f ,----------WAI'ERSHED BOUNDARY 4' i''-,- : orts i .....i.,,.13 ,, 4 ••' . "•' •••DRAINAGE BASINS DIVIDE '-i - .‘:s,\-:-..-...r•-• • -- ii.,.,-!, -.- \ ' 1 --,%., , 1- , - la A;• 1 ut I ', \ ii i ' . , . K ---4- I 0/1410, . •,,,,, ,A, i •-• -,. q fi 'hr_15, L.-..'74,!::::- / r....-•••• ; 1, s i NOTE: THIS MAP USED IN 1995 SEWERS t i 77.------7.' .1*Jr.:- _.. --1 li PLPI G40'1 • L__.. 4.,.'-i, .`st IMPACT FEB UPDATE. I? ) 1‘.::::-.... . '-j'..-ifiltet-j---1 ' 1 \ \ 2--Linctiley-1-4-4",17 ......,..— AIHARY54 : .....40.17-----',44?".:tcr.t7--'4:440firejtif-'11',. --- , . , t ; i I. IP :. ..:1[1:1_,..kt estreP : lovalliair ' • i 1 11 Or IF r'4". ...: 1 ..-•,- : \ \ \ \ 7-t- '4.2.... 1. \ \ , . • - • --,,•••••,,..ki'b'h.i. ' .T..O.10 P — co 1 I 4401 1 i ' t :470:0 i 0 ' •4--1 -1-.1-1 Ai •-r .' - ---- -._ ,_.., _ ...._4 . ..—.J...A. .-4----Ls. .1 . r - •:...._is.i -i,..a. , an LW „,..e.. . 810WV UM --*i;,-,..1..m:'.:a'i.. l t--40* -4 ---E-6-ii. L • 14.7_1.::.••.L----i--'•-110---1 1W . •1 - • • r:.---.!-----y we 1 .'I -; -It - , • " - " -----i a. --•-,-. 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IR, ' .7 , ,,•efet: ,._i_.1:::4_,:,;,:: •. ... ,,,...„.1.. -, 111--, i,... ....-1- ..-1..41'0'f.t,......:,.........:::'.-?,..........„- !.;7_4;40111 --•,.!....: so. ------------T1 -....:.: j.•..."''.:'....-:•?,-,-..;,•••!-•.--r.:::±-:- - . . L•7'"f'it ..,-,,,,,,i4.0.;.1.. —cV it .• •••', i 1 raa•••--- . -"'?"7--,'-.. 40_ 1 '. 4 ..i.,--el,........,..;i L,...... _r___ . 1:, :.....:7..4-.I.,-,•1.-.1 I,. "-.-...i.......-..4.-• -- k -CA--11.-•fz...1 ;1444% jefa ril It 0 ! 4--,'.,.'.' '.'.....i..k-,..,isj;.-Di..r.,... • ;;,,.. •um 11 -i. 0;1 1.-3: '110.1/; • I .7.1:71..,I i.i i.... I : , ----I--. 41' .-:•-:, I. ...'"'1.... -.4 '; ... i. ..1..." I--.17 • . .'7 . •.. s . ----.. •-•• •. .1 .......-;..111 Al II I P; ' ... .--i6:....1'6.':1:i.,.,'..-1:if.:1".:1:::::::.,!Ii.l',...:1141'..r.1'..1,"1'''':?1•-'1,1(..,,,C,,,t-*1•.-"':.--.,,-- --w-- .59, ...--- - ---414. ''' ' voitt'• —14,-. i•T!..il ' : -, 'l'•-P'9 III „i ... 1 i ,,,, 5 '.' i.:..''''l I 1 i 03 1.71'.-.. '. -,..,41j1..'•, j':'1-''. : it -,1, #' I l',.:1 ,•••:'''.. .,,..11.,-...... ' -••fr ' ' ''''. 1 1 :1'."'''• -1,400. '' 1§1..4. 3 "-,', 1, :'•...it..,i ..,' :.tii, . ,. . qW,:iv-1.16:- - City of Southlake,Texas r MEMORANDUM July 12, 1995 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Authorizing Application for Community Oriented Policing Services Grant In 1994 the Federal Government released funds for community oriented policing. In the first grant program we were unable to participate because of the standards set in those grants. There has been a second release of funds with a criteria that will enable us to participate;. We would like to request federal funding for a Community Services Officer. Attached is a brief description of our request. As in all federally funded programs they request a resolution from the City in support of the program. Also attached is the resolution to be sent with our grant package. The program provides that over a three year period, a maximum total payment of$75,000 be provided to the City for each person hired. Given our pay structure, this would satisfy a single officer for approximately 2.3 years. The grant calls for salary and benefits only. We recommend that the City Council authorize the grant application to seek federal funding for our agency for a community based police program as described above. BC/bls attachment L 5C3- \ L 1995 FEDERAL GRANT PROGRAM INFORMATION - The program provides decreasing rates over three(3)years with a maximum total payment of$75,000 made to the City for each person hired. - The primary duties, in no specific order, include: 1. Develop and implement community based policing programs in Southlake. 2. Develop and implement programs directed towards youth and anti-gang projects 3. Coordinate the crime prevention program for Southlake, including: a. Establishing Neighborhood Crime Watch groups b. Coordinating residential and business crime prevention surveys c. Coordinating residential and business safety and education programs 4. Serve as the Crime Victim Liaison between the victims and those local, state, federal and private programs to assist as necessary. - Funding has been appropriated at the Federal level for the first round of hearing approvals to be conducted on July 31, 1995. L RESOLUTION NO. (We A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS, IN SUPPORT OF THE 1995 COMMUNITY ORIENTED POLICING SERVICES (COPS) UNIVERSAL HIRING PROGRAM. WHEREAS, the City Council of the City of Southlake concurs with President Bill Clinton's efforts to make America's neighborhoods safe places in which to grow, live, and work, and WHEREAS, the Department of Justice has established a Universal Hiring Program designed to assist communities in the development of innovative, locally designed, long-term public safety plans, by making funding available to support additional officers to serve the needs of the communities, and WHEREAS, the objectives of such public safety programs have been identified as the need to prevent crime, promote interactive police- citizen cooperative efforts in public safety problem-solving, and enhance public safety, and WHEREAS, the City of Southlake is a small, but rapidly growing community with a need to provide a pro-active community based policing program during its incipient development, and WHEREAS, the City of Southlake agrees to provide the necessary equipment Cie and supplies to augment a community based policing program, and • WHEREAS, the City of Southlake agrees to conform to all of the requirements of. the Universal Hiring Program upon being awarded such financial assistance with the intent and desire to continue the community based program over the long term, NOW, THEREFORE, BE IT RESOLVED, by the City of Southlake, that the City Council of Southlake, Texas supports the Universal Hiring Program, and authorizes the Southlake Department of Public Safety, Police Services Division, to apply for grant funding to support a community based policing program. PASSED AND APPROVED THIS THE __ DAY OF , 1995. CITY OF SOUTHLAKE, TEXAS Gary Fickes, Mayor ATTEST: (we Sandra L. LeGrand City Secretary 5c�_3 City of Southlake,Texas MEMORANDUM June 27, 1995 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Consider Change Order #4 for Bicentennial Expansion On Monday, June 19, the Southlake Park Development Corporation (SPDC) reviewed the turf options for the four new ballfields. They recommended option#3 which included solid sod of Tifway 419 ( a hybrid bermuda grass, excellent for athletic fields) on the infields and a three-foot band of sod around the skinned outfield area. It also included drill seeding the outfields with common bermuda, one fertilizing treatment, and a deduct for non-irrigated drill seeding of the outfields which was awarded with change order#2. Change order #4 also includes 690 square feet of additional concrete that is needed at the park entrance channel and FM 1709 (see JT Dunkin letter, June 14 for more details). Eddie Cheatham, design engineer, will be available at the city council meeting to answer any questions concerning the need for the concrete rip-rap. The total of this change order is $19,994.50. This change order will be funded through the SPDC account. Please place this item on the July 18 City Council Agenda to consider Change Order #4 for the Bicentennial Park Expansion Project, Phase I. If you have any questions, please call me at 481-5581 ext 757. JA— KM L 5 A - I CHANGE OWNER 0 OR CR ARCHITECT 0 CONTRACTOR 0 • •M "MENT G701 THE O ❑ OTHER 0 PROJECT: Bicentennial Park Expansion - Phase I (name, address) 450 W. Southlake Blvd. CHANGE ORDER NUMBER: Four Southlake, Texas 76092 DATE: June 21, 1995 TO CONTRACTOR: Dean Construction Company ARCHITECTS PROJECT NO: Bicentennial (name, address) P.O. Box 70 Argyle, Texas 76226 CONTRACT DATE: October 17, 1994 CONTRACT FOR: Site development construction Bicentennial Park Expansion, Phase I The Contract is changed as follows: ADDITION: Turf at Fields 4, 5, _6 & 7 - Furnish and install Tifway 419 solid sod infields and three-foot band of solid sod around outer perimeter of clay skinned 'surface, drill seed outfields and apply an additional application of fertilizer. $ 20,079.50 • Concrete rip-rap - Furnish and install 690 additional square feet of concrete rip-rap at the F.M. 1709 box culverts. 2,415.00 Total Additions- $ 22,494.50 REDIJN: • - on guaranteed drill. seeding of common bermuda in outfields of Fields 4, 5, 6 & 7 as outlined in Change Order #2. Reference attached Exhibit "A" for additional detail. 2,500.00 Net Change $ 19,994.50 Not valid until signed by the Owner, Architect and Contractor. The original(Contract Sum)( }€ was S 1,843,000.00 Net change by previously authorized Change Orders S 66,877.00 The(Contract Sum) prior to this Change Order was S-.1 i909,877.00..:_ • The(Contract Sum)(CREECNSEICiailifianFareT will be(Increased)(ilIJ - . (I l by this Change Order In the amount of - S 19,994.50 , The new(Contract Sum)(CGralifiVeliNalirrififtliMiff including this Change Order will be . S 1,929,871.50 The Contract Time will be(artX )(unchanged)by ( )days. The date of Substantial Completion as of the date of this Change Order therefore is Octob.er 8, 1995 NOTE: This summary does not reflect changes in the Contract Sum.Contract Time or Guaranteed Mtzsmum Price which have been authorized by Construction Change Directive. J. T. Dunkin & Associates, Inc. Dean Construction Company City of Southlake ARCHITECT CONTRACTOR OWNER 9876 Plano Road P.O. Box 70 667 North Carroll Ave. Add. - Address Address Dal `1ex;- 523: Argyle, Texas 76226 Southlake, Texas 76092 BY iffailPFM, BY BY DATE / . _.5- DATE DATA AZA DOCUMENT 4701 • CHANGE ORDER • 1987 EDITION • . 87 • THE A.MERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK Av,. N.�xi�`ar. H(NGTON•�.C. 20006 G701-1987 • EXHIBIT "A" CHANGE ORDER # 4 BICENTENNIAL PARK EXPANSION - PHASE I SOUTHLAKE, TEXAS June 21, 1995 ADDITIONS: Infield and three-foot band of Tifway 419 solid sod° Fields 4 &5 1,493 S.Y. Fields 6 & 7 2.567 S.Y. 4,060 S.Y. 406 S.Y. (10%waste) 4,466 S.Y @ $3.40 $ 15,184.00 Outfield Drill Seedingr4 Fields 4 &5 46,766 S.F. Fields 6 & 7 119.460 S.F. 166,226 S.F. @ $.025 4,155.50 Fertilizing fields 4, 5, 6 & 7 (1 time @ $740) 740.00 Concrete rip-rap Furnish and install 690 additional feet of concrete rip-rap at the F.M. 1709 box culverts at $3.50 per square foot. 2.415.00 Total Additions $ 22,494.50 REDUCTIONS: Non guaranteed drill seeding of Fields 4, 5, 6 & 7 outfields 2.500.00 Net Increase $ 19,994.50 (')Solid sod shall be applied by August 31, 1995 (wry 2Common bermuda grass shall be drill seeded in the outfields of fields 4, 5, 6 & 7 by August 23, 1995. • 4.....„ --I0 • • • . • • BASES OF LIGHT POLES SHALL BE A MINIMUM OF I'FROM FENCE. SEE ELECTRICAL PLAN E-I FOR LOCATIONS. • SHEET GD-2 FOR • .4CANG AND GRADE AM DETAILS • FOUL LINE . • HYDROMULGH or DRILL SEEDING . • • 6'OUTFIELD FENCE L _.s".....idamedorAIP:40:411ksprilo: it._ THREE-FOOT WIDTH '. ' � r ..:'• ♦♦♦.. OF SOLID SOD. .:.• .a. ' •r• • ��j -~ ,� ��0��.��`�� .• ' . ��p ♦��♦�� ♦♦♦' 5'WIDE BY 10'TALL .. _ ' ,. ••'.:•**��'��, >�♦�,,�•�/ i open �u�R HYDRDMULGH or —� ��. �. I DRILL SEEDING IL° •• - .�♦�♦�: SOLID 50D 4� ��♦�.�I a'GATE 63, •. �INSTALL FOUL POLE ADJA- v :. •. .• c•�•�♦�♦�•� �♦�,:_ •�`��4m GENT TO OUTFIELD FENCE ' , '.; - ♦♦♦♦♦♦♦• • �!�••.�` see detail B this sheet \••6' { j,&♦�•�♦�♦�♦�•�•j,' �� v %,..; s.- ' . '---.---..,—:,--- ,„,•,..„-..-:-:,--:&V rry IW • Pr SOLID SOD • • 6��j-•-•4"IAC ��41,-. e•-�1 '-�' 2 15'DOUBLE HUNG GATE I ., I Al �25'BACKSTOP • T IO PER FIELD(TYPE FENCE 4' GATE / ET CD-2 FOR END 25'FENCE AND // 4600,AND GRADE BEGIN 15'FENCE TAILS - BEGIN 6' OUTFIELD FENCE OPTION #3 - TURF — FIELDS 4 & 5 .5 c —14,SCALE: 1"=30'-0" J. T. Dunkin & Associates, Inc. Urban Planning and Landscape Architecture June 14, 1995 Kim McAdams, Park Project Manager Parks & Recreation Department City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Kim: A meeting was held on-site with the Bicentennial Park contractor on May 30, 1995 regarding the confluence of the drainage channel with the existing box culverts under F.M. 1709(Southlake Blvd.). L., The particular item being discussed was the area to be covered by concrete rip-rap. The plans indicate that the rip-rap extends ten feet(10') up the channel (north) from the right-of-way line. The concrete rip-rap was placed in this location to protect the channel from scouring by water exiting the proposed street storm drain which outfalls five feet (5') north of the right-of-way line and the turbulence caused by the confluence of the channel with the box culverts. The rip-rap covers an area of sixty-nine feet in width and twenty-two feet in length. As observed on-site, the rip-rap would, in reality, need to be thirty-two feet in length to extend ten feet upstream from the right-of-way line. This ten-foot distance in length constitutes 690 square feet of additional concrete rip-rap beyond the quantity indicated by the plans. In reviewing the plans and the existing site conditions with Marty Halpern, the contractor; David Mayes with Cheatham Engineers; and Walter Shore, City inspector; the majority of the ten-foot difference between the plans and the existing conditions apparently resulted from a field change made during the construction of the box culverts when F.M. 1709 was expanded. The Highway Department's as-built plans for this set of box culverts indicates a flat section of concrete rip-rap extending northward from the box culvert headwall. Cheatham Engineers had intended that this flat section remain and that the contractor construct the proposed rip-rap northward from that point. However, during construction of the box culverts, the flat section was removed/sloped to provide adequate cover on the twenty-inch(20")water line running in the northern right-of-warof F.M. 1709. This existing sloped concrete rip-rap had to be removed all the way to the box culverts headwall (II in order to match the proposed drainage channel flowline with the existing box culvert flowlines. 9876 Plano Road Dallas, Texas 75238 214-553-5778 (00, Page 2 The contractor has quoted a cost of $2,415 ($3.50/S.F.) for the additional concrete rip-rap to be placed at this location. if you would like to discuss this matter further, please call. Sincerely, ;elf Bob Stoffels, AS • pc: David Mayes Marty Halpem L City of Southlake,Texas MONTHLY ADMINISTRATIVE CALENDARS AND DEPARTMENTAL REPORTS June 1905 Administration A-1 Building 4-B Community Development 4-C (Left intentionally blank) 4-D Municipal Court 4-E Park 4-F Public Safety 4-G Public Works 4-H Street/Drainage 4-I Utility 4-J Finance 4-K C:\WPFILES\FORMS\REPORTS.COV (kite 2 N N 00 In C 0 NN N a et M "' O. '0 00 N T P. er r M M N O ... a "'� .. 0 P. OD 00 M i T E A 0 .. S M MNy .Mi % - a N 00 00 00 Ni 00 - en N M ,07 et 4 M Pi h N N 0 P. cN+1 ,0 M Ri q (. V b oU0 0 N h O, „.i 0 o .. M .... "' 0c1 N 0 0 e ... o .r 0 V 00 .i en � v1 en n en A M N N 0 F w N N N O P. .74 - n h a N O2 N M N N •.. .. r„ N .. N h M Er .0 M M 00 h Q & N O O F in E. CA WaW LV , b en et N en M 0 sf p p , 0 ,0 v, 00 O O O O O O0 in �*a C.) 1F. R mp t- .D .:0 " O`. 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N CO vI cis O Le 2 0 iG N O� terry .-I „ N O\ wo�rrn a v .4 W V1 N E i W M a 8 a 0 0 8 8 0 0 0 8 O 0 O io v 0 N N O h N ..y se M N N inE >+ g cNI M Vl �O enO Ez p� O N 1-1O " H t a & g § § Q § § 0 0 0 c,2 0 0 in en ci: en VI N N 25�+ 0 000 W 0 O: O o h en N F a o a W z z• 3 z z QA z Q H Y Z O O mg -a F vxi 0 Le UI O 6 o N U U O O O{W y .aw A A fti" O z U gW agz o M x zz w at v v v U U CO 0 U 0aU E" w cn F CD � O M1CA M TruiditiviOcSOceoci, vi m• Ch Ch un p\ N (1,1 1NIn000O N 00 NMM �AO0 VAN ,•-� en0 N ,..i M'V M N N M K1 M (hir O� H t!3 us. ch � U Tr a\ O ommt- Trszwero N z ,ierulv \OtMINd' Tr Tr crN enO O O O g V� O Vi vi 4A Vi O yA vA �A O O U v O\ J Tr N Vi N N N N IA N N N In V) CD CA O‘ 01 .r:1 lLyw aN I A �O IA 00 I A 00 - O 1 00 O j ti CA O\ N M M N 4 N N N M T %O 0 InEl • tO 4 Vi N 7.O M N M In a 841 a 0 F o ' LA U - o � O � O $ OO � OO • O� Z oOiivIia VOiet4IN NNN V O� � � O p. ,4.44( ,••TNNNNNN , 1 "'' oyA U , ,~ N Oh O Oh O O\ O N N lO C.. %O O elOA '~ 4n V) vOMNMMMMMMN N F a N E-.4 ti ,ir.' N ao\ el - � , 0 ~ A aWW >4 W (ilw A O • � g dR ;1 ag � E E. �, 0 �'" v, '* OZAtiW Alva Ey O w '"� N U ia w ' o, o '" CA X 00 00 00 00 Tr AC a a .~ 1.0 X 00 el CA 0 o o �i F a a a U O Le a o � - 0 0 M a A W � a O W gF AO W U�q Cq 4 . _ 483 City of Southlake,Texas COMMUNITY DEVELOPMENT DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 30 JUNE 1995 ZONING $ 754.36 NO. OF CASES (3) PLATTING 11,970.48 NO. OF CASES (9) SPECIFIC USE PERMITS 430.00 NO. OF CASES (0) BOARD OF ADJUSTMENT 400.00 NO. OF CASES (2) MISCELLANEOUS INCOME 591.40 NO. OF CASES (43) TOTAL REVENUE $ 13,716.24 TOTAL NO. OF RECEIPTS (57) C:\WPF\REPORTS\REVNU-95.06 ON cN b a) CN N .� > .-� N • (Noy ~ fr O p on —I G cu N 'c) Avs o '. 0 o N �' C.) �. Pr C.) o a.) ;-Ia) rn c cu o enon > En N U 0 -d 3 >' U am ? ? O O O U 0.) a) Q d-no s� t .: •. -4 al 0 z zz ~ L o``, • W ill 1 crS A et; OA 00 v) A A z H z .� ,� a WUa � . O ' ti p to,.� Ey rn � H ` titi aVWZ a CS H u . .2 • p • a riel, �b°v0 o . a3o op o to tn :N � v'O 0U O; o 0pOo ai v , U �'ai .o ''; ° O a v? � 0 z .- ai • • ' i vs o `01 .,3 > a • .> � 4-35 41 o a4 8 N o 15 CC b , U o, 8 00 Cl')icri r °' O \R N ° ^ M o . O Arau .-a U E. 0 a -i v)O c>d a) 0 0 N NVO 0 i ci) 7:1u•4 - •o y4 a . 2 .b > Q\ O '8 Lcfi •~ i CD W -r . > • ry.i r ei)c OGAA oO O N ;., 44 ' rw xUxa v) O vZ O a a a a 0. ... L i ,,,. , r.:. 00 00i-.3 .-.; N M V'1 C7 3 v aCA rn ON \, (Iry cs1,.: ,,'° -4 .00 ,� N ett A 0ct ct i I-Ii O w O w d O N cli v p °? 4 .ts t- il ) 1-i 6 h .- ag v) 0 ' , `- "0 on z N 7 5 .UCZ }4 ° as >, et a O • VO o O `t N N z 0cn .r gj w z W o cd 5 .a -4 a F.) U a x H al x a w 0 Hdx dQ 0 00 0 in in 0 In tn 0 0 0 0 A a , W A d Z U W ›-+ (lite, O Wo\ rn cN oN CT CT rn ON rn ON rn c\ CT • E-� CT ON a, cT C ON ON O\ o\ CN rn ON tT '-'• AO H Az d •s o N i "0 py E ( > czt ;0 ,� -d o p, i- -d > O 44 � Q CZ *(5. Cti o a cd c Q" ai U •- �; a ' Eo pO a tw w °, oo N bO ig 0 A ° OU � 0 OCDa 4-4 a o •� O 4" �, O .. g O O 4 „ ai g o cn vi c� E vi 8 a c,i vi W a aE a e ct 3 0 ca �' V o At O «t N N G) 6. 0 N 0 O a 1 as a 5 a U a U A a P4 d a N a 6 0 L., . .--i ,--i .--I .-+ ,--i .-- .1:5-+ ,--i N N N N N 3 a C-3 N (111111Pe 0-1 w a a S a) .c ;- z c c � ¢ w o 0 AW WA z � w o g � o o 0 U c, • a gl o N A.; O s 3,• a 2 a) a L] a � a(NI N (7 a MUNICIPAL COURT MONTHLY REPORT MAY/JUNE 1995 COMPARISON (kre MAY JUNE 1. NUMBER OF CASES FILED: 1070 979 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 288 281 C. Cases Dismissed 174 142 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 6 2 (2) Finding of Not Guilty 2 3 B. Trial by Jury (1) Finding of Guilty 0 0 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 128 121 B. After Deferred Adjudication 73 68 C. After Proof of Insurance 85 84 5. CASES APPEALED - 0 0 6. WARRANTS ISSUED 352 119 TOTAL REVENUE COLLECTED: CITY $27,540.00 $27,416.00 STATE 17,255.00 16,540.00 TOTAL 44,795.00 43,956.00 L MUNICIPAL COURT MONTHLY REPORT JUNE 1995 (\re TRAFFIC NON TRAFFIC Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 863 7 94 15 979 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 241 7 28 5 281 C. Cases Dismissed 135 1 4 2 142 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 2 0 0 0 2 (2) Finding of Not Guilty 3 0 0 0 3 B. Trial by Jury (1) Finding of Guilty 0 0 0 0 0 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 0 0 0 0 0 CASES DISMISSED: A. After Defensive Driving 121 0 0 0 121 B. After Deferred Adjudication 67 0 1 0 68 C. After Proof of Insurance 84 0 0 0 84 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 119 0 0 0 119 TOTAL REVENUE COLLECTED: CITY $27,416.00 STATE 16,540.00 TOTAL 43,956.00 L UrE' y y °' O o~ ��i 0N • Q — N 1.b '� .� X. 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O N VD O 1O O O0011 d N NN M M O dc' VN) R aCL ry Tr O y O ~ 6,A M N s A a Q �I � el rn � � N p 0 0 e d '" '-' .�i N N c6) g A O Yl e a 1O 00 O :b y M N N �O N M O O N A LT, o 10 .-. 01 ~ IA EnIA VO O- 10 O O 00 - I,, O N OO Oa4 a et 4 `- M.XO N ir F. o xi aTCW AI N1p NOF cc .N- — N � Ob M M Q\ OI M N_ O In O1 U1 O O p t;, `� N r1 — Tr N O v1 In 00 IA O C N 0 M 6-4 6.) v 4 C N 1.Q ' ' 6R .� 1/40 R .b pi. .O jra p 6) O o E 64 O W O y q o � w o � a)to .. uoh 1:1 al a) cy a o 0. u >> 0 i n w > � � o Uz a° 14� d � z �~°. � A 8 w to �a°'o w 0F°� AG AG ° � F, 'xr. w o 0 w ei a o a o o . � a ca �= G V a) to it 'b X 67 CI 0 t L w ca o rI. = U >4 * * * SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT DUNE 1995 POLICE SERVICES Citations Issued 979 Residential Burglaries 3 Arrests 55 Business Burglaries 5 Traffic Accidents 27 Vehicle Burglaries 4 Alarm Calls 210 Assaults 4 Animal Calls 74 New CID Cases Assigned 84 Thefts Under $1500 13 CID Investigations Cleared 59 Thefts $1500 and Up 7 Active CID Investigations 36 FIRE SERVICES Residential Fires 1 Ambulance Calls: Commercial Fires 0 Vehicle Accidents 7 Other Building Fires 0 Non-Accident EMS 29 (by Vehicle Fires 0 Total Patients Transported 23 Grass Fires 3 Grass/Weed Complaints 17 Fire Alarms -False 3 Burn Permits Issued 1 Fuel Spills/Leak 1 Pre-Fire Inspections 46 Other Haz-Mat Calls 0 Building Plans Reviewed 5 Bomb Threats 0 Other Fire Calls 44 SUPPORT SERVICES Total Police Service Calls 1070 Total Training Hours: Total Fire Service Calls 50 Police 64 Crime Prevention Surveys 0 Fire 83 Total DARE Classes Taught 0 Communications 18 Warrants Received 395 Volunteers 0 Warrants Cleared 29 Total Personnel Trained 24 (a., Total Warrant Collections $ 4559.00 9-1-1 Hang-up Investigations 3 I I I I I Cd N tn 0 0 I I 0 (Iliore 0 to o .� E rno bl bl o a • -r O •r-I o a bl -H b l -H bl •� r-I A -r � a, rdto -rH b o •rri 'd0 IH A H rd s 'd U) rd rd rd RI 0 -r-I cd 4-i (d rd X rd bl 0 0 • 0 0 0 -ri 3 ..0 .' ,11 0 0 0 cd 0 cd O cd tzs co cd 4J H N cd - co -H 4 4-) 4 • 4 4 .0 co al u) CU rd co O m .4 a) .� O E-I co a) E rd a) E > E a) Cobi 4J4J 4J 4..) a) 4J emu) cdaX cdO CdO bi 0 bl 4 0 4 O 4 u) 4 >, 4 rd -r-I a) -H I -H (d bl bl u) 0 t o a) bl bl 0 bl U CI-)4 H 0 H (Di r-I 44 W a) 0 a) a) 0 -H U) -H -H (I) -r-I -H ,H a r1 3 0 Cl) r-I p, H ix -r1 l -H U) 0 0 0 O 0 r-I 0 -H 0 rd E -H (II -r1 4) C7 C7 U x x 0 x 0 x -H x O x -W cd 3 a) 3 cd co -H O 0 a) H a 4-I '0 s~ -r-I 0 t71 • rd • r-I (d • -I-I • CO • CO • • (d • 0 0 H • O (d • rd 'd H O h -I JJ I I bl4) I bl 3-I I -I •H r-I 0 a) (1) -r-I (1) -r-I a, -H (d •r-I 4J •H 0 0 -r-I 0 •r-I rd -H 3 t)-H -H to (d -H 4-) A A • AO Aco A -H (d A -r-I A A 03 ACE Aa) a) I -I 4 rci -H a) ul 1-1 H rd •r1 -I-1 r-I > • rd a) • to • H • • •H J-1 • -H • CO • -H .sG • • 4-) >4 • 0 -H a0rd a � 0 as arr a ad a y 0 Cs a > �I �I a-H -- aEH a) rd a) O O a) a a) U) a) a) O a) 3 a) -H a) rd O -r-I a) (d •r-I a) 0 a) Ax 0 Ac40 Ar.4 Aa: Afx U 1:) 4 Af14 1=1A31:1 A3U AUA CI H> w: dPa Cu CC o o\o cocoo\o o\o o\o o\o o\o o\o o\o Q U' 0 O In O O co O O O in CI a) M al in di al al al al al Z W Ln J >- Ol U Ow r O Uto H W CC J al � H m •• _Z a z aa1 in C 0 Ln al o a) Q mH X f=4 Q h W \ \ \ \ \ \ \ \ m \ AC di n in Ln U1 in in N al Cr) Er al al 01 01 01 al al a) a1 O a cd cd a Cd a cd 0 U O f'•C X X K4 I) FC £ 0 0 (1) O E -H a) >1 a) l_) 1) .IJ U rHd � h v) 0 U Ili H a) -r-I 0 a) H rd E 0 C rd -H bl cd H 0 E) cd E -H E a: 0 4) RI 0 W rd A a) E a) 0 0 0 cd 3 t••t .0 X to J -r1 4J u) a) a) rd r-I a) U In r-i 0 >1 U C4 a Cl) a) a cn • Cl) 3 0 a) 0 0 m Q co a) N O aC -H U) U) r-i 0 0 (d L cd U) r-I x • O U) 4-) rd a) a) .0 H O 0 CA O ,� 0 �-I �-I rd bl Cr) 0 C.) -H >1 • 3 r-I a) 0 O a) I I H 1-I fil b 0 o O 1� A O a O .0 a) a) H (d -H 0 • a) -H a) (1) O E E rd a a a pa co H Z a a I'. p4 v) W W x • w_ • • • • • • • • o r-I N Cr) d4 in l0 N Co Ol r-i 1 i I I I 0 0 0 04 0 a)( ri -H -H a) -H u) -H i r-I �, I I �O I I to a) ,� v r� �'i H 4) rd rd v rd rd 'd Urn 'd O rd to rd to a) a) Cr) CdO -H -Ha) 0 H0 rd Ln rd rd N rd a rd -H 4 O -H a) -H -ri -H y .0 01 ..A . 0 H a H C.) 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V1 O (I) I— U w —) o l _9 J Q Q o U a . b b b ,� b . -004 0 > .a, C J4J1II1111I1IIIh144i •0 U ui 3 z ui 3 z w 3 3 0, m w x z m z 3 z ui 3 ui Ell ui 6 3 z 30 E. 0 Z 274 Q Q a u Ocri , "o 0 O o c, Q z v v > p u u N a .1 ., 1 a o x on 5 9 v W A d ¢ g w i t, a 'g 4 1 a s " y u u 3 y 'O d o o u a M u u d as W U .. " 21 b a UQ O N- a a m 1 0 �8 p 0 u q 4 6 i° F" 4 i E s i i to rya ° o 6 o 1" u u m C D 0 0O O S� CO O O T 6- .A o O O O .O. 'J' `u No (n d o o 0 3 a a z o o a a an an c0 A 4 i. i9 E. F F CA L City of Southlake,Texas MEMORANDUM July 6, 1995 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department June, 1995. Description May June 1 . Tons of asphalt used a. Hot Mix Asphalt 42 151 c. Cold Mix Asphalt 150 200 d. Base Material 300 300 2 . Lane Miles of Road Repaired 100 100 3 . Number of Street Signs Repaired or Replaced (all types) 24 14 4 . Feet of Ditch Line Cleaned and shaped 2,000 3,500 5 . Number of Vehicles Repaired 0 0 6 . Row mowed in miles of streets 150 150 BP/cbk L i.I- z UTILITY DEPARTMENT REPORT MONTH June, 1995 May June iipe GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 82,409,000 130,044,000 TOTAL PUMPED AND PURCHASED 82,409,000 130,044,000 WATER METERS SET 44 47 NEW WATER TAPS MADE 3 2 VALVES REPAIRED 10 8 VALVES TESTED 57 102 FIRE HYDRANTS INSTALLED -0- 1 FIRE HYDRANTS REPAIRED 4 12 FIRE HYDRANTS FLUSHED 21 28 DEAD END WATER MAINS FLUSHED 80 71 WATER MAINS REPAIRED 18 12 WATER METERS AND SERVICE LINE REPAIRED 8 8 LiveLOCKED METER FOR DELINQUENT PAYMENT 14 15 PULLED METERS 0 0 METERS REPLACED 29 46 MISCELANEOUS WORK ORDERS 232 250 SEWER LIFT STATIONS CHECKED (5 L.S . ) 110 110 REQUIRED MONTHLY SEWAGE TESTS 8 10 SEWER PLANT MAINTENANCE (BANK & DOVE) 44 44 SEWER MANHOLES INSPECTED 144 180 MISCELLANEOUS PROJECTS 0 4 5.141.:41-1-11/" WATER SUPERINTENDENT JLe (;164/Q1 VW/ALCZ2 ;AA DIRECTOR OF PUBLIC WORKS MEMORANDUM July 14, 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,July 18, 1995 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. Notice in the Building Department report that the number of single family building permits issued are lagging considerably vis a vis last year: June 1995 at 42, June 1994 at 62; calendar year 1995 YTD : alendar year 1994 YTD at 320; fiscal year 1995 YTD at 364, fiscal year 1994 YTD at 463. Calendar year 1994 finished with 577 single family permits, while fiscal year 1994 finished with 629. We are on a pace to finish both the calendar year and the fiscal year 1995 considerably below last year, another indication of the marketplace leveling off the growth rate. Bear in mind, however,that revenues from permits and fees are ahead of last year and right on track with budget estimates. This is attributable to the increase in permit fees and the imposition of the new fee for drainage inspections in October 1994. 2. Agenda Item No. 5A. Change Order#4 for Bicentennial Park Expansion . This change order is for the turf at the athletic fields and additional concrete required for the park entrance channel at F.M. 1709. This change order is for$19,994.50 and is to be funded by SPDC. As pointed out in the memo from Kim McAdams, Park Project Manager, it has been approved by the Board. Please call Kim McAdams if you have any questions Page 1 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 concerning this item. 3. Agenda Item No. 5B. Application for Community Orientation Policing Services Grant. The resolution authorizes the application for the grant. The grant, if awarded,would provide for approximately two years of salary for the additional officer. The duties of the officer are outlined on page 5B-2 in your packet. If awarded,the grant must still come back to City Council for acceptance. 4. Agenda Item No. 5C. Interlocal Agreement with the Town of Westlake for Sewer Service. This agreement will allow the Town of Westlake to obtain municipal sewer services from the TRA Denton Creek Regional Wastewater Interceptor Pressure System, through the City of Southlake and its contract with the TRA. The agreement would provide Westlake with capacity in the pressure system,the treatment plant , and the N-1 sewer line to be constructed by the developer of the Coventry subdivision. Each has been designed to serve Westlake. Westlake will pay the cost of its pro rata share of the system, estimated to be $156,900. This agreement covers only that part of Westlake which is not included in the municipal utility districts. 5. Agenda Item No. 5D. Interlocal Agreement with Town of Trophy Club for Extension of Trophy Wood Drive to Intersect with T.W. King. The agreement covers the items City Council discussed with staff: - construction of center turn lane from the intersection of Trophy Page 2 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 Wood/T.W. King to Kirkwood installation of signage future installation of traffic control devices Trophy Club to pay for T.W. King road improvements necessitated by Trophy Wood connection and any signage/traffic control devices required at intersection or at S.H. 114/Kirkwood intersection. 6. Agenda Item No. 5E. Resolution No. 95-25. Accepting Transfer of West Park Water CCN. This action completes our takeover of the West Park Corporation Water System. Recall that West Park requested our water when they experienced water well problems in 1994. This action effectively removes the CCN from West Park, and reduces the number of private water corporations operating within our corporate limits to four. 7. Agenda Item No. 6B. Presentation requesting reduction in speed limit on South White Chapel from 40 mph to 30 mph. Mr. Fowler approached the staff several months ago with a request to lower the speed limit between Continental and F.M. 1709. We informed him that staff on two different occasions suggested City Council reduce the speed limit in the area in question, and the City Council did not believe it appropriate at the time. (In June 1990, City Council did reduce the White Chapel speed limit between Continental and Bear Creek to 30 mph.) Should City Council, after hearing the presentation by Mr. Fowler,want to deliberate the matter,please direct staff to bring to City Council, an ordinance reducing the speed limit. At that time City Council can discuss, deliberate, and Page 3 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 consider whether or not to lower the speed limit. FYI, the design speed of the double curve warrants the reduction of the speed limit. It was discussed previously that the speed limit will be reconsidered with the roadway improvements. Since we are not straightening out the curve with the current interim road improvement project due to right-of-way requirements, the design speed will not be changed. Because of this, staff still recommends the speed limit be reduced. 8. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-170 (ZA 95-37), Rezoning and Concept Plan for Stonebury, from AG to SF-20A. There have been no changes since Council approval of the first reading (5-1). Recall that the previous motion for approval recommended the deletion of the comments requiring the reduction in entry right-of-way width and the street stub to the west. Any similar motion for approval should again delete these items from the review letter if this is Council's intent. 9. Agenda Item No. 7B. 2nd Reading. Ordinance No. 480-174 (ZA 95-49), Rezoning and Concept Plan for Ridgewood II, from AG to SF-20A. There have been no changes since Council approval of the first reading (7-0). Recall that the previous motion for approval recommended the deletion of the street stub to the east. Any similar motion for approval should again delete this item from the review letter if this is Council's intent. 10. Agenda Item No. 7C, 2nd Reading, Ordinance No. 480-175 (ZA 95-51), Rezoning and Concept Plan for La Poloma(formerly Canterbury Parc and Huntington Estates), from AG to SF-20A. There have been no changes since Council approval of the first reading (4-3). Recall that the previous motion for approval recommended the deletion of the sight triangle requirements. Any similar motion for approval should again delete this Page 4 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 item from the review letter if this is Council's intent. FYI, note that the applicant has submitted his plan with the subdivision name and street name spelled La Poloma. If applicant is trying to use the Spanish word for dove or pigeon, applicant has misspelled the word. The proper spelling is Paloma. If indeed the applicant wants to use the Spanish word, it would be nice to correct the spelling so that our street sign will have the proper spelling. 11. Agenda Item No. 7D. 2nd Reading, Ordinance No, 641,Establishing Flood Hazard Reduction,and repealing Ordinance No. 418. As pointed out in the memo from Ron Harper, City Engineer,this ordinance is necessary in order to provide for participation by Southlake residents in the National Flood Insurance Program. L 12. Agenda Item No. 7E. 2nd Reading, Ordinance No. 639, Regulating Public Access on Private Property. This ordinance will provide control for unwanted congestion of people and vehicles on private property. Note the reference in the memo from Billy Campbell, Director of Public Safety,to the voluntary participation nature of the ordinance as it pertains to property owners.. 13. Agenda Item No.7F. Corridor Study Urban Design Guidelines and Land Use Recommendations. This is a public hearing to take input with regard to the Corridor Study. Note that there are two items for the corridor study, first is the Urban Design Guidelines and Land Use Recommendations which are not a part of the recommended changes to the zoning ordinance. Second is the following agenda item,the zoning ordinance amendment(480-S)which proposes development regulations within a "Corridor Overlay Zone". This agenda item(7F) is to consider the design guidelines and Page 5 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 land use recommendations only. You will note in the memos from Greg Last that there have been no changes in the drafts since they were previously forwarded to Council. These drafts are as recommended by the Planning and Zoning Commission. 14. Agenda Item No. 8A. 1st Reading, Ordinance No. 480-S.Amendment to Zoning Ordinance,providing for special development regulations within a corridor overlay zone along S.H. 114, F.M. 1709, and F. M. 1938. This is the ordinance that would amend the zoning ordinance and create the Corridor Overlay Zone. The proposed ordinance amendment is draft No. 6, as recommended by the Planning and Zoning Commission. Note that Greg Last included a separate memo which lists a number of potential revisions to the ordinance, overlay zone and land use recommendations. These were formulated by individual council members who reviewed the proposed regulations with City staff. As pointed out in the memo from Greg,these changes can be incorporated into the document as draft No. 7 with City Council direction. Note: Also included in the packet is a letter from the Southlake Chamber of Commerce concerning the Corridor Study and the Corridor Overlay Zone. 15. Agenda Item No. 8B. 1st Reading. Ordinance No. 480-176 (ZA 95-62), Rezoning Adjacent to the Entrance of Lake Crest Subdivision, from AG to 0-1. There are no significant issues with this request. The Planning and Zoning Commission recommended Page 6 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 approval 7-0. It is our understanding that Dr. Huckabee intends to combine this tract with the small tract previously approved for 0-1 zoning. 16. Agenda Item No. 8C. 1st Reading. Ordinance No. 480-177 (ZA 95-63), Rezoning from AG to RE,east side of North Peytonville. approximately 1800' south of West Dove Street. There are no significant issues with this request. It is their intent to build a single home on the property. A single-lot Plat Showing has been submitted to staff for approval and all the required variances as to lot width have been approved by ZBA. The Planning and Zoning Commission recommended approval 7-0. 17. Agenda Item No. 8D, 1st Reading, Ordinance No. 642. Regarding speed zone for F.M. 1938. The state has requested the speed limit on Davis Boulevard/F.M. 1938 be lowered from 55 mph to 45 mph. This ordinance will effect the change. Staff concurs with the state's recommendation. 18. Agenda Item No. 8E, 1st Reading, Ordinance No. 643. Providing for Suspension or Revocation of Contractors Registration Under Certain Circumstances. As noted in the memo from Bob Whitehead,Director of Public Works, Ordinance No. 568 provides for the registration of contractors and gives guidelines for contractors engaged in work in Southlake. We have experienced problems with a few contractors, but we do not have any mechanism in our ordinance to susppend or revoke a registration for contractors who refuse to comply with our guidelines. Ordinance 643 will amend the registration ordinance (No. 568)to provide a suspension process. Note the ordinance will provide for an appeal to the Building Board of Appeals in the event a contractor's registration has been suspended. Page 7 Honorable Mayor and Members of City Council kor Agenda Item Comments and Other Items of Interest July 14, 1995 19. Agenda Item No. 9A. Resolution No. 95-26, is for the appointment of a vice-chairman for the Board of Adjustments. Agenda Item No. 9B. Resolution No. 95-29, provides for appointment to the Economic Development Advisory Committee (EDAC). Recall that the EDAC was originally set up as a 3-member committee by City Council at my suggestion to provide advice to our Economic Development Coordinator and me on matters involving economic development. Betty Springer submitted a letter indicating she did not want to be reappointed. City Council previously reappointed the two other members, Michael Richarme and Rick Wilhelm. I asked City Council to consider expanding the committee to five members so that we could get additional input. Council members asked me to approach Barry Emerson,Texas National Bank, and Richard Kuhlman, Maguire Thomas Partners, about their willingness to serve. Both have agreed, if appointed,to serve. Also, in your packet is the application of William McDermott, who you interviewed previously for the appointment. 20. Agenda Item No. 10A. Developer Agreement for Golf Villas-Timarron. The revisions to the standard developer agreement are outlined in the cover memo from Bob Whitehead, Director of Public Works, and are set out in the agreement by highlights and strikeouts. Note particularly the reference to the private streets,the gate house, and the park dedication requirements. 21. Agenda Item No. 10B. Special Developer Agreement for South Hollow. The developer is not ready for City Council to consider the complete developer agreement; however, there are two issues concerning streets that the developer wants to address now. One is the perimeter street fee. The developer is requesting they be allowed to pave Carlisle Lane to interim standards in lieu of paying the perimeter street fee. This request appears kir Page 8 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 to benefit the City. The developer also is requesting that the addition be allowed private streets with a limited access entrance. 22. Agenda Item No. 10C. Developer Agreement for Oakwood Pond. Recall this is the four- lot development at the northeast corner of Dove and Ridgecrest. The main points of the agreement are set out in the memo from Bob Whitehead. 23. Agenda Item No. 10D. Resolution No. 95-28. Establishing a Participation Fee for Benefitted Property Owners in the Neighborhood Sewer Program. As pointed out in the memo from Kevin Hugman, the City Council has discussed the Neighborhood Sewer Program at the last two City Council retreats. We are receiving many inquiries as to when the City Council is going to make a recommendation and authorize the beginning of the Program. Recall at the June 1995 retreat, we discussed several recommendations the City Council might consider: - an assessment program similar to the Continental Park Estates program in 1990-91; assess a fee equal to the sewer impact fee; have no assessment or fee, and pay for through the General Fund, etc. Page 9 Honorable Mayor and Members of City Council kre Agenda Item Comments and Other Items of Interest July 14, 1995 Staff has had several discussions with City Council members, and it seems that direction from Council is to apply something similar to the sewer impact fee ($1,300). The resolution before you would establish such. We are also requesting approval to advertise for bids for the construction of the lines in the neighborhood. There has discussion by City Council to remove Cimarron Acres from the list. There are several other neighborhoods which have asked to be included. Staff will be prepared to discuss this in whatever detail is needed in order for City Council to proceed. Rather than reprint the material from the Retreat packet concerning this item,we will have available copies for any council member who needs another copy. OTHER ITEMS OF INTEREST 24. Water Main Break--As you are probably aware, we experienced a major water main break on the 36" supply transmission line from Fort Worth at approximately 3:48 p.m. Sunday,July 2. At the time of the event, the elevated storage tanks were filled to 37%2, which is one-half foot from being full. City maintenance crews and a crew from Wright Construction began excavation at 7:30 p.m. Sunday evening,uncovering the damaged pipe at 11:30 p.m. that night. At that point,they began jack-hammering the 4' x 3'x 3%2 thick concrete that had been poured around the pipe elbow to prevent movement. Repairs to the pipe were begun at 6:30 a.m. Monday morning and pumps were restarted at 11:30 a.m. Elevated storage tank level was at 12'/2' when the pumps were restarted and were not full again until 4:00 a.m. Tuesday, July 4. kay Page 10 Honorable Mayor and Members of City Council kly Agenda Item Comments and Other Items of Interest July 14, 1995 When the event occurred, we took immediate steps to reduce water demand by shutting off the subdivision irrigation meters, which are some of our largest volume users. We also made arrangements with Grapevine to transfer the section of the City east of a line from Shady Lane to Carroll Avenue and Continental,to their water system. The City utility personnel performed extremely well, especially considering that these same personnel had worked from 3:00 p.m. Saturday July 1 until 3:30 a.m. on Sunday July 2, on two other water main breaks on N. White Chapel! We also appreciate the help from Wright Construction who provided a crew and equipment. 25. Construction Updates: Bicentennial Park, Phase I- Project is on schedule. Grass has been planted in the channel, the large parking lot is completed, the maintenance building is being painted, and installation of the irrigation lines for the ballfields and soccer fields has begun. The contractor will soon begin grading and installing the sidewalk for the Adventure Alley playground. All work should be completed by October. Carroll Middle School Gymnasium/Recreation Center-- The roof is being tarred and graveled; air conditioning and sheetrock work will begin next week. The gym floor is scheduled to arrive in early August. Construction should be complete by the first week of September. Dove Road--Plans are being finalized, expect to go out for bids in late July. White Chapel--Phase I is 90% complete; roadway repairs have started on Phase II. Anticipate completion of both phases by late September. Kimball Water Line -- Work has begun and is 50%complete. Page 11 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 26. A Request for Extended Work Hours for operation of heavy equipment under Ordinance Number 435, "Nuisances,"has been issued to the contractor for Don T. Durham Elementary School. The ordinance allows the City Manager to approve operation of heavy equipment for hours other than between 6:00 a.m. and 6:00 p.m., Monday through Saturday, under certain circumstances, but not for a period to exceed 14 days at one time. These circumstances are defined in the ordinance as being when the situation is "of an urgent necessity in the interest of public safety and convenience, and then only by permit from the City Manager . . . specifying the nature of the emergency and the days and hours such work is to be allowed." I approved the request based on the need to complete the elementary school prior to the beginning of the school year. The request was approved for the hours of 6:00 a.m. to 9:00 p.m.. Monday through Saturday, and 7:00 a.m. to 9:00 p.m. Sundays, for the period from Monday, July 17 through Sunday, July 30. A copy of the letter and permit are attached. 27. Keep Southlake Beautiful has awarded its second "Beautiful Business of the Quarter" award to Masco Service Corporation, located at 1200 N. Kimball Avenue. This award was created to recognize those Southlake businesses that make an effort to reflect pride in the community's appearance. The third quarterly litter pick up sponsored by KSB will be held on Saturday, July 22 from 9:00 a.m. to noon. To date, there are 17 Adopt-A-Street groups. 28. SPIN Retreat Scheduled for Saturday - The SPIN Standing Committee retreat will be held from 8:30 a.m. - 3:00 p.m. in the Council Chambers at City Hall. The Directors Cir Page 12 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 will make presentations concerning their respective departments and the City Attorney will address issues relating to the legal environment in which cities operate. In addition, the Standing Committee will elect new officers and set goals and objectives for the upcoming year. 29. Tree Preservation Ordinance Highlights - In response to questions from SPIN Standing Committee representatives, information regarding the "Tree Preservation Ordinance" was given to them, the text of which follows: The City Council passed a "Tree Preservation Ordinance" on June 15, 1993, which seeks to encourage developers to preserve trees by requiring a permit to remove trees of a certain type and size. The ordinance specifies the types of trees desirable to protect, and also specifies a number of exceptions that will allow tree removal under certain conditions. Residential homeowners are not required to obtain a tree removal permit for any trees they wish to remove from their property. The ordinance requires developers and others planning to remove trees to submit a plan showing which trees will be removed and which will stay. Any deviation from this plan to remove a protected tree will require a tree permit. For more information, call Greg Last at 481- 5581 x744. We have received a number of calls in the last two days about the Tree Preservation Ordinance because of the work underway by the church across from Johnson Elementary on Carroll Avenue. In preparation for clearing the site for the construction of the new church, the contractor cut a number of trees and piled them on the lot visable from Carroll. In checking the situation, we ascertained that the church had complied with all requirements. Page 13 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest July 14, 1995 30. Trail Plan Update - The Park Board considered the Trail System Master Plan, as recommended by the City Manager's Joint Review Committee, at its July 10 regular meeting. The plan was unanimously approved and has been forwarded to the Planning & Zoning Commission for consideration at the July 20 P&Z meeting. If P&Z recommends approval of the Plan, it would come to City Council at the August 1 meeting. 31. Calendar of Upcoming Events: • SPIN Retreat Saturday, July 15, 1995, 8:30 a.m. - 3:00 p.m. City Council Chamber • Capital Improvements Advisory Committee July 19, 1995 -- 7:00 p.m. DPS Training Room • Planning & Zoning Commission Meeting July 20, 1995 -- 7:30 p.m. Council Chambers • Capital Improvements Advisory Committee July 24, 1995 -- 7:00 p.m. DPS Training Room • Joint Utilization Committee Meeting July 25, 1995 -- 7:00 p.m. Carroll ISD Administration Building • SPIN Standing Committee Meeting July 27, 1995 -- 7:00 p.m. Council Chambers Page 14 Honorable Mayor and Members of City Council kAgenda Item Comments and Other Items of Interest July 14, 1995 32. Director Vacations: Bob Whitehead, Director of Public Works, will be on vacation in the north country, July 17-August 1. Lou Ann Heath, Director of Finance,will be on vacation in Germany July 20th-August 1. Billy Campbell, Director of Public Safety, will be on vacation July 24th through July 30. I will be out of the office next Thursday and Friday, July 20 and 21st,to participate in the Habitat for Humanity All Church Build in Fort Worth. CEH/ F:\W PFILES\CEH'JULY 18CC.AGN 46110, Page 15 Agenda Item 1#3 CITY OF SOUTHLAKE City Council Retreat June 15 & 16, 1995 EXECUTIVE SUMMARY Issue Neighborhood Sewer Program Background • The implementation of a neighborhood sewer program has received considerable interest and attention from residents of many neighborhoods in the City of Southlake. The concept of the program to extend municipal sewer to entire subdivisions not currently receiving sewer service, began in 1990 with the neighborhood of Continental Park Estates, the subject of much discussion by residents of the subdivision and City officials with regard to sewer problems. The location of the neighborhood (near Big Bear Creek) and the severity of the problems demanded a solution. At that time, the City Council discussed several ways to fund the sewer for Continental Park Estates, including requiring the property owner to pay the costs up front, and/or the City borrowing the funds and the property owners paying the City back over time. Ultimately the City Council passed Ordinance 512, under the authority granted in the Texas Local Government Code, requiring that assessments be made and levied against all parcels of property within Continental Park Estates to be served by sanitary sewer improvements. Property owners who paid "up-front" were charged $2,078; each property owner who did not pay up-front was assessed $2,494.00, which could be paid out over time with interest. In the event that a property owner could not or would not pay the assessed fee, a lien was placed against said property. Continental Park Estates was selected as the first septic system-served subdivision to have sewer service extended under the program. This was an easy decision by the City Council due to the problems in the subdivision, the interest of the subdivision's residents, and the availability of the Big Bear Creek Sewer Interceptor pipe line. City Council recognized at the time that other neighborhoods would need to be added as the sewer lines . - kir were extended throughout the community. A 3-1 Discussion During the City Council's 1994 June Retreat, the subject of extending sewer to residents of other neighborhoods was discussed. City Council and staff discussed using a similar approach to taking sewer to these neighborhoods as was used to extend the utility to Continental Park Estates. The issue is one of health and safety, and of course, convenience to the residents. However, the concern of many residents is the cost. How much would it cost each resident to have municipal sewer service made available to their home? How much would it cost to tie on to the system once it became available? At the October 25, 1995 Special City Council meeting, Lewis McLain (a financial consultant who assists the City with its utility rate structure) and Lou Ann Heath, Director of Finance, made a presentation to the City Council regarding a proposed "Sewer Conversion and Assessment Program." A copy of the presentation handout is attached for your review. Four options were presented for consideration by the City Council, each of which assumed different assessment levels and payout schedules. An interest rate of 7% was proposed. The proposed Asw program was phased over three years, with subdivisions phased in as sewer became available. The handout shows their proposed phasing of the program. City Council directed staff to proceed with arrangements for financing the program, but made no decisions regarding the appropriate level of assessment, interest, or payout schedules. Implementation of the program has been delayed by neighborhood concerns over the method of payment. Given the level of concerns, time has not permitted the City Council to revisit this issue, however, certificates of obligation have been sold and the City Council has approved a contract with Cheatham and Associates for the initial engineering and design of the projects. A decision still needs to be made regarding how to equitably implement the neighborhood sewer program. There are many issues to consider and, unfortunately, the issues may make .the decision more complex than originally considered. • • The argument can be made that those residents who have sewer, have paid for it through the - • • cost of their home. These individuals also paid for an impact fee to tie on to the system, also A 3-2 ( , included in costs of their home. Shouldn't other residents pay for sewer similarly? That is, why should residents who already have sewer, and have paid for it, subsidize the cost of sewer for those residents who do not yet have it? A counter argument can be made that paying for a sewer system in Southlake has been achieved by drawing from a variety of sources, and not just the cost to new home buyers. The current sewer system has been paid for through tax supported debt and the utility fund, which is subsidized by the water fund. This means that all residents have paid a portion of the costs for the sewer system, whether through water rates or ad valorem taxes. The point is that everyone in town is paying for pieces of the system and one could argue, therefore, that it would be appropriate to approach the equity issue from the position that the system is supported by the entire city and should be paid for in such a way that would maintain the equity that has been established. Having said this, it appears that the options for funding the neighborhood sewer program include: 1. Funding sewer to the neighborhoods through an assessment program similar to that provided to Continental Park Estates, determining an appropriate assessment, interest rate, and payment schedule, 2. Funding sewer to the neighborhoods through the utility fund (to retire the debt on the $1.3 million in certificates of obligation) with no direct assessment to the property owner, 3. Funding sewer to the neighborhoods through the utility fund (again, retiring the CO debt) and charging the current sewer impact fee (or an equivalent) for each new hook up. • A 3-3 (., Budget Impact The budget impact for this program involves essentially two issues. First, an assessment program would allow any payment received to be used to fund future projects, as would any impact fee receipts. Secondly, the cost of the COs has already been built into the budget and will be paid for through the utility fund. • • A 3-4 . C///9c DRAFTiiir SUMMARY OF ESTIMATED COST OF SANITARY SEWER To EXISTING ONE ACRE LOT SUB-DIVISIONS SUB-DIVISION ESTIMATED COST PER NAME SEWER COST LOT 1995 VISTA TRAILS $247,000 • $3,479 CIMARRON ESTATES 48,500 2,695 EMERALD ESTATES 142,340 2,905 WHISPERING DELL 165,000 4,23 I HIGHLAND ESTATES q 0 127,000 7,431 1996 HUNTWICK ESTATES $ 108,500 $8,346 DIAMOND CIRCLE 485, 165 6,556 MISSION HILLS 367, 170 5,922 RAIN FOREST/SHADY 528,000 6,36 I LANE & VICINITY 1997 JELLICO CIRCLE $259,500 $6,829 DOVE ACRES 160,000 5, 16 I HILLWOOD ESTATES 92,500 6, 167 • CROSS TIMBERS I ,210,000 6,205 �� ry 'i f � ' i �../` ' " C C '.r_t .1 d - l O 2 5 -9`E t - I d LL. 0 ‹C OC Ca Plim : E 0 cit Ct o P= tal ,� •pm* ;., vs (1 = CA ;No( ;IN( Plim( r4 p•- CN 1-4 ( Cli) CD CI 71•1:‘ CID = : -4-e• P-4 •-* CI 4 - o = o 0 . c o v 4-( c., .. Cli) 'tU -4/ CA Ctt Cn < LI. *14 WI Q CICI • I/-A • o Sa -h) r) i .� r-, --' ° N a) 0 o U o C .E Cd .an o O al a) eo •� 0 o � o L.). 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A .1..ll 4...1 � ''''..._ e:lc' h .0 -I Lrij iii 4 iiiiiii ' a .. Southlake Blvd. F_......... '''' ''.M. 17091 ro f.) _1,1 .... > . i, III .,. I- 1 . ...- • Continental Blvd. •-P-441 ill --- ,- -PI 1:All. ,7 E- / . h a, ,.. TIMARRON Golf Villas (Proposed Controlled Access Community) July 25, 1995 Lifestyle in a Master Planned Community • Comprehensive plan • Product segmentation (Estate, Golf, Luxury, Custom, Semi Custom, Villa) • Security through effective landplanning (limited access) • Highly amenitized community (golf, swimming, tennis, etc.) • Strong & viable Homeowners Association • Programs for adults & children • Maintenance of facilities • Asset managers • New Construction Committee II. Golf Villas A. Market Survey MLDC performed a regional market study to assess the viability of a Villa product. Timarron followed-up with a focus group to identify buyer profile and specific product need. (See attached.) B. Community Location • Surrounded on all sides by Timarron Country Club. • Entrances to community located on internal collector roads with no impact to major thoroughfares. C. Lifestyle Issues • Lot size (6,000 - 12,000 sq. Ft.) • Luxury product ($100+/sq. Ft) • Amenities (Trails, gazebos, lakes, golf, etc.) • Controlled Access • Site specific guidelines • Product specifications (Old World, Country French, etc.) • Streetscape requirements (landscaping, mailboxes, etc.) • Concierge service (front yard maintenance, pool maintenance, etc.) L III. Development Issues A. Private streets & drainage facilities • Homeowners Association established to operate and maintain facility • Homeowners document (CC&R's) is filed for record contemporaneously with the filing of the final plat. (May be reviewd by city if so desired.) • Association documents (CC&R's) establishes a Reserve Fund for maintenance of private streets and other improvements such as common green belts, security station structures and equipment and other significant structures. (See attached) • Disclosure requirements to buyers 1. Indicate that streets are private, owned and maintained by HOA. 2. Structure of Reserve Fund, etc. B. Controlled Entrance • Control arm, stacking distance, turnaround lane, guard house, communication hardwire, etc. C. Future Expansion of Community L 1 . . 40_ 411,- Timarron Golf Vila.„. ....„ Marketing Concept 1995 St C VILLA SURVEY RESPONSES June 29, 1995 Community Features: 1. Gated community - 87% 2. Common yard maintenance - 67% 3. Other(Golf Course; low maintenance; amenities; on-site security, tennis) - 10% Me Group: A. 20-29 - 0 B. 30-39 - 4% C. 40-49 - 41% D. 50-59 - 43% E. 60 and above - 12% Income Level; A. $50,000-$100,000 - 28% B. $100,000-$200,000 . - 54% C. $200,000 - 18% Household Size: A. Single - 5% B. Couple - 84% C. Family - 11% Homesite Location; 1. Golf Course - 67% 2. Green Space -49% 3. Interior Lot - 9% House Style: 1. Contemporary - 30% 2. French - 23% 3. Tudor - 17% 4. Traditional • - 59% 5. Other(Southwest; Mediterranean; Stucco; Spanish; California; Minature of all) - 11% Lot Size; House Size: 1/4 acre - 1/2 acre 1. 2,000 - 2,500 - 44% 2. 2,500 - 2,700 - 40% 3. 2,700 - 3,000 - 16% 4. 3,000 - 3,250 - 16% 5. 3,250 - 3,500 - 4% 6. 3,500+ - 3% F \dwhi\tim\villa3.dpw VILLA SURVEY RESPONSES tContinued Number of Living Areas: • Number of Bedrooms: A. 1 - 29% A. 2 - 10% B. 2 - 70% B. 3 - 74% C. 3 - 1% C. 4 - 16% D. More - 0 D. 4+ - 0 Number of Stories: Price Range: A. 1 - 58% 1. $185,000 - $200,000 -46% B. 2 - 42% 2. $200,000 - $225,000 - 37% 3. $225,000 - $250,000 - 17% 4. $250,000 - $300,000 - 24% 5. $300,000 - $400,000 - 9% 6 $400,000 - 1% Roof Types: Garages: 1. Composite - 56% 1. 2 Car - 59% 2. Wood Shingle - 3% 2. 3 Car 47% 3. Slate - 37% 3. Facing Street- 4% 4. No preference - 17% 4. Swing-in - 41% 5. Split - 6% 6. Alley - 53% Outside Space; 1. Interior Courtyard - 33% 2. Rear backyard - 57% 3. Front courtyard - 29% 4. Space for lap pool - 26% 5. Space for spa - 39% I Indicated by number (1=highest. 6=lowest) 1 2 3 4 5 6 1 1. Exterior elevation - 1% 11% 14% 16% 30% 28% 2. Location - 34% 20% 26% 11% 4% 7% 3. Floor plan - 4% 32% 17% 1% 3% 3% 4. Price - 25% 23% 21% 16% 12% 3% 5. Size of home - 3% 12% 20% 41% 19% 5% 6. Storage availability - 1% 7% 5% 10% 27% 50% \dw1Y\Ys\.illi�- TINIARRON GOLF VILLAS June 29, 1995 product Specifications Distinctive entry feature off of Byron Nelson Parkway 3 Products - themed by one global village name with three individual product names. 2,000 s.f. minimum under air conditioning Product Detail`` Product 4l Product R. _ Product C Frontage 50' 60' 70' Price I $200 - $275 $250 - $350 $325 - $400+ Square Footage I 22000 - 2,600 2,200 - 3,200 2,800 - 4,500 50% 1 Story 40% 1 Story 25% 1 Story Stories 50%2 Story 60% 2 Story 75% 2 Story Garages I 2 Car 2/3 Car 2/3 Car Bedrooms I 2-3 plus Swing 2-3 plus Swing 3-4 plus Swing litving Areas I 1 - 2 2 2 -3 Theme I Country French Old World BuyerSpecific Material I Stucco/Stone Stone/Brick Stucco/Stone/Brick Roof I Need Recommendation Need Recommendation Need Recommendation Wood Windows I No No ??? 1 1-2 Builder Program Models & Specs Models & Specs _ Luxury Builders Other Considerations - Consistent gas light location(front yard) - Corresponding front screening(wall to match house) - Unique Mailboxes Maximize Golf View - Courtyard Interiors Mixed Streetscape - "Smart Houses" - (including connection to Guard House) kir f:\dwhi\fim\prehm.dpw • 0 ... . ........„• • • • 0 •••••:.,::•:.:.:,:i.... ..... ..is ': Z •■_ iw•::ws•:: •:::i�.::w■::;.tri;.::i■■...::iw.:':�::: �.::aw';:.i•::.ss'.:.'a wsi<::s:,.s•::.s..:.w.:::I tawir...—:• ; `i W :::.:..;,. 2 ,.... • ....-::::::::::......::::............,.......::„.......-........„.................•........„.:„,::::.,.:„..... ....:. . ......„.:.:. ..„,....,... .• „...,.,.... ...... .. ....!..............E,...;,:,..,:::,:g$:::.:.. .. .. ..„,,:::::.:.......„:„. . ..::::.:...... .:::........ ikir ■.. + M ■ •- -.::�•::.�.:.:,�..;:;:..::.:�.;.:.�:::.,..�::..,�:::.■R:::..�:::.■.'•::��':•;:�■..:.:._'::.. tea•.■•::...:.:.�::.� : « .::;::. • "i3 t 1 s» cam.?:<Y • • ■ •:.ww�•::.'wa:a■■••,wiR:.:'w■e:;•;:w■+:::.�■:::■ ■■•: :?. .?::. :..;.�■.:•:•w awa'::w�r:::.w■■::. jl::,•. :.. :, V ...:::..::.:..•. ..::::..:...:: .. • • • • • • • • • • • • • • ■ ce o z • O ■ s'.:aw■'::. «"wiww�t:::w•:• Q n■►:<;a •• .i�iX■lf.;; ;:,wws';:.a.. •.■w�s•:,•:ww�•::.+■■�:::.*+■.;,w* + *+R::•:'■w►::X: w Q > z.:: ..r..d xw •3.• °.:c..5 f:.- 2 ......:- I o a t-I--'o ii cJ o 0 U > .. .. (kw TIMARRON GOLF VILLAS OPEN ISSUES • Communications Gated Community? Secure Environment? • Development _ Location and orientation of transformers Side yard setbacks Separation of 60' and 50' product Sidewalk locations and material • Strategic Alliances Realtors _ Pool Contractors (kw _ Irrigation Fencing Pavestone • Concierge Services _ Electronic meter reading _ Seasonal color Rear yard maintenance Pool Cleaning Catering Other • HOA _ Structure of Association _ Dues structured Right of way implications for trails L F:\dwhi\timb peniss.act (11be CMA_ May 23, 1995 Mr. Steve Yetts, P.E. Mobil Land Development 300 East Carpenter Freeway, Suite 1425 Irving, Texas 75062 Dear Steve, Enclosed please find the build out budget for Timarron Golf Villas. In addition to the annual budget you will also find a detailed worksheet for each line item. Any assumptions made have been noted at the bottom of these worksheets. We estimated the final lot to be completed in 1999, so the first full year of operations at build out would be in the year 2000. Assessments would come to $1,330.21 per year ($110.85/month) . We have tried to address the major items that are found in gated communities. If you would like to modify our assumptions or include any addition services feel free to contact me and I will be happy to revise this projection. 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Gv so,oaw Fortress America; Gated and Walled Communities in the United States Edward J.Blakely and Mazy Gad Snyder 0 1995 Do not dte or Phiobocopy without permission of the author. Please confect the author directly with all requests for permission. LINCOLN INSTITUTE PRODUCT CODE: WP95EB1 L-24-95 MOM 1 6 : 53 L i .- I ry I rrs . i r P - 0 2 The Lincoln Institute of Land Policy /516" The Lincoln Institute of Land Policy is a nonprofit and tax-exempt school organized in 1974,with a specialized mission to study and teach about land policy,including land economics and land taxation.The Lincoln Institute is supported by the Lincoln Foundation,established in 1947 by John C.Lincoln,a Cleveland industrialist Mr. Lincoln drew inspiration from the ideas of Henry George,the nineteenth-century American political economist and social philosopher. 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I ri i . ut a P 0`+ t: ,at { Abstract This paper summarizes the initial findings of a research project on gated communities nationwide.The research began with accessing informants in journalism,real estate,and public office.Site visits and focus group inter- views followed in several areas of high concentration.Gated communities were rarities just ten years ago and are now proliferating across the coun- try.They are categorized into three main types:Lifestyle communities,,pri- vatizing amenities,especially recreation;Elite communities,marketed for exclusion and prestige;and Security Zone communities,often street do- mes where crime is endemic.They are part of the trend toward privatiza- tion of public services,concern with security,and the need to better control our neighborhoods,but they also raise questions about access,openness,eq- uity,the sharing of resources and meaning of citizenship. J U L-2 4-9 5 M O N 1 6 : 5 4 Lincoln I n s t i t u t e P . 05 11) 4 Lir About the Authors Edward J.Blakely is Dean and Lusk Professor of Planning and Develop- ment for the School of Urban and Regional Planning at the University of Southern California.Previously,he was Professor and Chair of the Depart- ment of City and Regional Planning at the University of California at Berke- ley.His most recent book,Separate Societies(Temple University Press,1992) with William Goldsmith,was the winner of the Davidoff Award. Address:Dean's Office,School of Urban and Regional Planning,351 Von Kleinsmid Center,University of Southern California,Los Angeles,CA 90059. Mary Gail Snyder is a doctoral student in the Department of City and Re- gional Planning at U.0 Berkeley and is working as the research assistant on this project. Address:Institute of Urban and Regional Development,Muster Hall,Uni- versity of California at Berkeley.Berkeley,CA 94720. J U L-2 4-9 5 M O N 1 6 : 5 4 L i n c o l n I n s t i t u t e P _ 0 6 2.1 Contents Introduction 1 Gating America 1 Defining the Gated Community 2 Research Questions 2 Research Design 3 Evolution of Gated Communities 3 Gated Communities Today 5 The Developers 6 The Context Segregation Patterns 6 Overview 8 Typology 9 Gates of Paradise—Lifestyle Communities 9 Retirement 9 Golf and Leisure 10 New Towns 10 I Have a Dream Elite Communities 11 Rich and Famous 12 The Top Fifth 12 Executive 13 Valley of Fear—Security Zone Communities 14 Low Income Perch 14 Working Class Perch 15 Middle Class Perch 16 JUL-24-9S MON 1 E. S4 L i ri .cp I rt I rest i .ut a F' - U7 I 1 1 A Issues 17 Forting Up 17 Fortress Mentality 17 I've Got Mine 18 Citizen Who 19 Privatization 19 Secession 21 Divided We Fail 22 Isolation and Exclusion 22 , Couununitas 24 Social Contact and the Social Contract 25 Fragmentation 25 Opposition 27 Conclusion .._. 28 Notes 30 Bibliography 37 JUL-24-95 MON 1 . : 55 Lincoln Institute P - oe 1 ' A 461, List of Figures and Tables Figure 1. Map:Concentrations of Gated Communities 41 Figure 2. Map:Lifestyle Index 42 Figure 3. Lifestyle 43 Figure 4. Elite 43 Figure 5. Security Zone 43 Figure 6. Retirement 44 Figure 7. Golf 44 Figure 8. New Town 44 Figure 9. Site Plan for Silver Creek Valley Country Club,San Jose,California 45 Figure 10. Elite Community:Rich and Famous 46 Figure 11. Elite Community:Top Fifth 46 Figure 12. Elite Community:Executive 46 Figure 13. Site Plan for La Palme, Palm Springs,California 47 Figure 14. Low Income Perch 48 Figure 15. Working Class Perches .. 48 Figure a 16. Gating Proposal for Five Oaks,Dayton,Ohio 49 Figure 17. House in Bermuda Dunes,California 50 Figure 18. Closed Street in Bermuda Dunes,California 50 Figure 19. Seaview Park Restricted Public Trail Access ...51 Table 1. Changes in Residential Segregation in the Ten Largest Metropolitan Areas:1980.-1990 .52 Table 2. Social Dimensions .53 J U L-2 4-9 5 M O N 1 6 : 5 5 Lincoln I n s t i t u t e P . 09 I. Fortress America: Gated and Walled Communities in the United States Introduction Gating America It has been over three decades since this nation legally outlawed all forms of pubic discrimi- nation—in housing,education,public transportation,and public accommodations.Yet today,we are seeing a new form of discrimination—the gated,walled,private community. Americans are electing to live behind walls with active security mechanic to prevent tn- trusitm into their private domains.Increasingly,a frightened middle class that moved to es- cape school integration,to secure appreciating housing values,now must move to maintain their economic advantage.The American middle class is forting up. Gated communities are residential areas with restricted access such that normally public spaces have been privatized. We have no definitive numbers on their extent,but estimate that at least three or four million and potentially many more Americans are seeking this new refuge from the problems of urbanization.A 1991 poll of the Los Angeles metropolitan area found 16 percent of respondents living in some form of secured access environment t While many of these are traditional security apartment buildings,a conservative estimate that one-third are gated communities provides a rough figure of 530,000 residents,with many more such developments having been built since then.Data from Orange County,Cal- ifornia found 43,000 units in gated communities in 1989?Given that gated communities are proliferating in the Central Valley,San Diego,the Imperial and Coachella Valleys,and exist as well in northern California,over 1.0 million Californians already live inside walls.Califor- nia leads the nation in gated developments,but they are found across the country and are very common in Florida,Arizona,Texas,and New York.Oscar Newman estimates that there are 30,000 gated communities nationwide.3 If he is Lux rect.and we combine our own analysis,close to 4 million people are living in walled security compounds. Economic segregation is scarcely new.In fact,zoning and city planning were designed in part to preserve the position of the privileged by subtle variances in building and density 1 JUL-24-95 MON 1G = SS L i nco 1 e► Ins . i .ute R - 10 / I ' 1 ' codes.But the gated communities go farther in several respects.They create physical barri- ers to access.And they privatize community space,not merely individual space.Many of these communities also privatize civic responsibilities such as police protection and commu- nal services such as schools,recreation,and entertainment.The new developments create a private world that shares little with its neighbors or the larger political system.This frag- mentation undermines the very concept of civitas—organized community life. Thus far,the issues surrounding walled communities have been left mostly to journalists to describe.Yet the underlying Cuban planning issues associated with this pattern need more penetrating analysis.It is dear,for example,that such planning tools as street patterns,envi- ronmental regulations,and zoning and density controls are at times used in place of actual gates and walls to limit economic,or even physical,access to suburban developments. The forting up phenomenon also has enormous policy consequences.By allowing some dti- zees to internalize and to exclude others from sharing in their economic privilege,it aims di- rectly at the conceptual base of community and citizenship in America.The old notions of community mobility are torn apart by these changes In community patterns-What is the measure of nationhood when the divisions between neighborhoods require armed patrols and electric fencing to keep out other citizens?When public services and even local govern- ment are privatized,when the community of responsibility stops at the subdivision gates, what happens to the function and the very idea of democracy?In short,can this nation ful- fill its social contract in the absence of social contact? Defining the Gated Community This research project concerns a specific form of residential community.Our analysis is of those intentionally designed security communities with designated and landscaped perime- ters,usually walls or fences,that are designed to prevent penetration by nonresidents. These developments are both new suburban developments and older inner city areas retro- fitted to provide security.We are not discussing apartment buildings with guards or door- men.Nor are we discussing areas of dries or suburbs that are difficult to penetrate because of the street pattern.In essence,we are interested in the newest form of fortified community that places security and protection as its primary feature. Clearly,walled communities are not new,but have their lineage as far back as the Middle Ages.To some extent,the violence and terror which created the rationale for these settle- ments then is again unleashed in a more modern and lethal world.Walled communities rep- resent more than security zones.They are lifestyle choices.It is this ingredient in their current manifestation that is the primary concern of this research effort. Research Questions The project began with three central questions about what the emergence of walled commu- nities or areas within our cities means for our society.First,what do people think about them?Are those within and those outside satisfied with them?Do they perceive gates and walls to be meeting the needs of the local population?What perspective do the residents have?The developers?Planners?City government officials? • Z • JUL--24-95 MON 16 : 56 Lincoln Institute P . 11 Secondly,what is the behavior of the walled ci tizens?What degree of community spirit or civic participation do they show within these endaves?Does their behavior show a sense of connection and belonging to the people inside the wails or just to the place?In what sense are gated developments communities? Last,what do walled cities mean for citizenship?How do the residents understand their place in their irrunediate and in the larger community,and what are their notions of dtizen- ship toward it?Do they feel kinship with the city,or just their development?How and how well are they connected to the city outside their gates?How does this play out across class lines within a community? Research Design Walled cities are an emerging phenomenon.Because scholarly work on gated communities is essentially non-existent,research was approached from an investigatory standpoint The research has been designed to draw from very current,ground-level sources,with initial ef- forts focused on journalists and the mass media for source data. Newspapers and other media have been a primary source of information.Journalists are documenting the experience of their communities as daily observers of their localities,and so provide an excellent source of the latest data,covering a wide range of dimensions,from the social to the political.The search of the popular press has been quite fruitful.Extensive searches of media across the country,including a few days combing the resources of the Li- brary of Congress,have led us to thousands of gated communities across the nation,primar- ily in the South,West,and metropolitan areas. In tandem with the media searches,contacts were made with journalists,practitioners,and other informants.These contacts have proved to be quite valuable in both locating and iden- tifying gated communities and in determining some of the general characteristics and pa- rameters of the phenomenon.This strategy,like the media searches,has resulted in a snowball effect,leading to neighborhood activists,planners,developers,nealtors,govern- ment officials,trade associations,security consultants and others across the country. Further interviews have been conducted,including focus group discussions in several areas of high concentration:Los Angeles;Orange County,California;Palm Springs,California; Dallas,Texas;and Miami,Florida.Three types of focus groups were gathered in each city: residents and neighbors of gated communities;the bureaucrats(police,planners,engineers) who deal with them;and the developers and real estate agents who create and market them. Evolution of Gated Communities The earliest gated communities were ancient fortified cities.The first walled cities in the New World were Spanish fort towns in the Caribbean.Later,during the nineteenth century, some residential areas were constructed with gates and private streets,as in St.Louis. Gated,fenced compounds were built for the East Coast and Hollywood aristocracy in the early decades of the twentieth century.Gated communities were becoming more common, but there was nothing common about them until the advent of the retirement developments • • • .3 JUL-24-95 MON 16 : 56 L i r►co 1 rr I r.st i t ut a R . 12 of the 1960s and 1970s.Communities like Leisure World built self-contained cities sur- rounded by walls,accessible to middle class older Americans.In the 1980s,upscale real es- tate speculation and the trend to conspicuous consumption saw the proliferation of gated communities built around golf courses,and designed for exclusivity,prestige and leisure. The decade also marked the emergence of gated communities built primarily out of feat as the public became increasingly preoccupied with violent crime.Gates became available in developments from suburban single family tracts to high density mull apartment com- plexes.Since the late 1980s,gates have become ubiquitous in many areas of the country,and now new towns are routinely built with gated villages,and entire incorporated cities feature guarded entrances. Along with the trend toward gating in new residential developments,existing neighbor- hoods are using barricades and gates with increasing frequency to seal themselves off.Since the 1950s there Ms been a constant move away from the traditional city grid pattern to sub- urban cul-de-sacs and non-connecting streets. Street closures are efforts to recreate this sub- urban pattern in the older grid,altering access and the ability of outsiders to penetrate. The move away from the grid is an intentional device similar to the gpte.It limits access and controls who might come into the area by acting as a deterrent to casual visitors,criminals and those who have little or no reason to be in the area.Further,the less accessible pattern provides a physical design that promotes neighborliness since the people one sees are usu- ally persons who live within the subdivision. Gated communities are part of the trend of suburbanization,and their roots lie in the same urban design tradition.The history of the design of new towns and suburbs,from Ebenezer Howard's Garden Cities to the planned communities of the United States,is centered on the idea of landscape and street design as an integral element of the total development Far from being a recent phenomenon of market-driven developers,suburbs have a long history of famous designers and visionaries attempting to create the good life and the good society. People like Frederick Law Olmstead and Frank Lloyd Wright designed thoroughly planned environments around curvilinear or cul-de-sac streets,creating self-contained,separate eom- mun ities with carefully constructed identities.5 The"neotraditional"communities designed by Andres Duany and Peter Calthorpe are the most recent additions to this history.De- signed to recreate an ideal urban village of times past,the neotraditional communities never- theless are less diverse in their income and social mix than existing development 6 There is no doubt that Americans have given up on the old styles of urban living for the large private spaces and small public spaces of the suburbs.7 A majority of people now live in suburbs.The old central cities are losing their position as the most powerful place in the metropolitan hierarchy,as not just residency but industry,commerce,and retail shift their balance to the suburbs Driven by lower costs and avoidance of crime and other urban problems,the expansion of the suburbs is likely to accelerate in the 1990s as development moves ever farther out,supported by and leapfrogging beyond the new economic centers of the edge cities.9 4 JUL_-1e4 MON 1 6 : 5T L i n c o I n I n s t i t u t a P _ 1 3 , tor Gated Communities Today The evidence collected up to this point indicates dearly that gated communities have in- creased in number and extent dramatically since the early 1980s.One informant has esti- mated that 8 out of every 10 urban projects built currently is gated.°Suburban fortified developments are also proliferating.Their gates range from elaborate two-story guard- houses manned 24-hours a day to roll-back wrought iron gates to simple electronic arms. Guardhouses are usually built with one lane for guests and visitors,and a second lane for residents,who may open the gates with an electronic card,a punched-in code,or a remote control.Some gates with round-the-dock security require all cars to pass the guard,issuing identification stickers for residents'cars.Unmanned entrances have intercom systems,some with video monitors,for visitors asking for entrance. While early gated communities were restricted to retirement villages and the compounds of the super rich,the majority found today are middle to upper middle lass.Higher end tracts within planned communities are now commonly gated.They seem to be more common in larger tracts,as there aremore units over which to spread the cost of walling,gating,and constructing and staffing guardhouses.For similar reasons,they also are common in multi- family and higher density developments,where unit costs are often low enough to place gates within the reach of the middle class.It is estimated that one-third of the communities developed with gates are luxury developments for the upper and upper-middle dass,and over one-third are retirement-oriented.The remainder are mostly for the middle-class,with some working-class cone nunities.l1 In 1988,one-third of the 140 projects in development in Orange County,California were gated,compared to only 15 percent in 1983.12 A construction company in the area reported demand for gated communities at 3-to-1 over non-gated communities in 1989. In neighbor- ing San Fernando Valley,there were around 100 gated communities in existence by the end of the 1980s,nearly all built since 197913 A 1990 survey of Southern California home shop- pers found that 54 percent wanted a home in a gated,walled development;the question was not even asked a handful of years ago.14 On Long Island,gated communities were rare just 10 years ago but are now becoming common,with a gatehouse included in almost every condominium development over 50 units.15 Chicagoi6 and suburban Atlantal7 report similar trends. Gating is not a universal American phenomenon.It is very geographic.It is a metropolitan phenomenon,and a southwestern,southern,and southeastern phenomenon.It is less a mid- western,northeastern,and northern phenomenon.But even in these regions,gated commu- nities are emerging around big cities.in terms of absolute numbers,California is home to the most gated communities,with Florida ranking second.Texas runs a distant third.Gated communities are also very common in metropolitan New York,Chicago,Phoenix and in Miami and other Southern seaboard cities.They are found nearly everywhere in the coun- try,however,in Oregon,Washington,Iowa,Minnesota,Wisconsin,Arkansas,Massachu- setts,Hawaii,Kansas,the DC metropolitan area,Missouri,Michigan and Nevada.Few have been found in the deep South,and none in New England outside of Massachusetts.They re- main rarities in the Midwest except around large cities like Chicago,St.Louis and Detroit. • 5 -Jug- NUN 1 6 : 9 Lincoln I nS4 i ti u+t. a P . 14 The data suggest that gated communities are most often found in areas with certain charac- teristics;metropolitan regions;areas with high levels of demographic change,especially large amounts of foreign immigration;areas with high median income levels;regions with extreme residential segregation patterns or without a clearly dominant white majority;areas with high crime rates and high levels of fear;and areas to which whites are moving,either for retirement or because of white flight,as in Californian migrants to Arizona,Nevada,and Oregon. The Developers For developers,gated communities can be a marketing angle,another way to target specific submarkets,or in some areas,a necessity to meet demand.Southern California builders re- port faster sales in gated communities,and quicker turnover means thousands in additional profits.1e With their often elaborate guardhouses and entrance architecture,gates provide product differentiation and clear identity in crowded and competitive suburban new home markets.Also,whenever a significant recreational feature such as a golf course or lake is part of a development,the gate controls access and assures buyers their amenity will be theirs alone.19 The developers of gated communities also see themselves as providing security, especially to certain submarkets.The elderly have been targeted with gated communities since the 197Qs,and gated second home complexes are also well established,but those seen in need of walls now also include empty-nesters,who are likely to be away on long vacations fre- quently,and young double-income families,in which no one is home during the day.Secu- rity is viewed as freedom not just from crime,but also from such annoyances as solicitors and canvassers,mischievous teenagers,and strangers of any ldnd,alalidous or not. Developers do not,however,prominently advertise security or safety,nor do they promise it in their promotional brochures.Even the most high tech security systems cannot guaran- tee a crime-free community,and developers are fearful of liability if they make such daims. The Context:Segregation Patterns There is little doubt that urban problems are the stimuli for this wave of gating.The drive for separation,distinction,exclusion,and protection is fueled in part by the dramatic demo- graphic change in many of the metropolitan areas with large numbers of gated communi- ties.high levels of foreign immigration,a growing underclass and a restructured economy are changing the face of metropolitan areas like Los Angeles,Miami,Chicago,and New York at a very rapid pace.Southern California's San Fernando Valley,for example,was 95 percent white in 1950,but today is barely half white"Many of the states with large num- bers of gates,such as Oregon,Arizona,and Nevada,are destination states for the increasing numbers of white Californians fleeing the state_ The need for gates and walls is also created and encouraged by changes in the social and physical structure of the suburbs that are occurring everywhere in the United States.The suburbs are becoming urbanized,such that many might now be called,in Mike Davis'term, "outer cities,"places with many of the problems and pathologies traditionally thought to be • - - • •'-. A_ A n c o I n Aast i Lute f tie restricted to big cities?* • America is increasingly separated by income,race and economic opportunity.For example, table I reveals that the 10 largest metropolitan areas were in general more segregated in 1990 than in 1980. Subu banization has not mean a lessening of segregation,but only a re- distribution of the urban patterns of discrimination.llTinority suburbanization is concen- trated in the ironer ring and old manufacturing suburbs.In Chicago,as in many metropolitan areas,the inner-ring suburbs are attracting increasing numbers of minorities and immigrants.During the 1980s,nearly as many whites moved out of suburban Cook County as moved out of the city of Chicago,with African-Americans and Hispanics moving in.23 The Los Angeles area is the new archetype of metropolitan spatial segregation,in which poverty is no longer concentrated in the central city,but is suburbanizing.racing far- ther and farther out in the metropolitan area(figure 2). This segregation by income and race has led to groups within the hypersegregated environ- ment to wall and secure their space against the poor—as in Pacific Palisades on the Califor- nia coast,to protect wealth,or as in Athens Heights in inner aty LA to protect property values.Those who try to escape poverty by moving away are using walls to prevent It from reaching their new-found oasis. Structural segregation,when seen the metropolitan context,leads to distinct gating phenom- ena.Those feeling threatened by poverty creep have two options:to fort up in place,or to move to a perceived safe zone and fortify there. Those who fort up in place are the wealthy who have homes in desirable locations on the ocean or near downtown,or the working and middle-class without the resources to move. Stronger security measures are usual with this group,whether the gates are installed at the resident's initiative or a developer's.Those who move to a safe zone are the residents of the subdivisions and new towns of the outer suburbs and exurbs.They intend to get as far away as they can and then fortify their new position to keep it safe from future threats. In reality,few of the residents of suburban gated communities have any personal experience with crime.A survey exploring the motivations of people moving out of Chicago for the suburbs found that the push of crime was far more important than the commonly assumed pull of a better place to raise children.Interviews from the Chicago Tribune's series on the survey are illustrative: • I wanted a large,fabulous house with a yard—and no poor people. • We became worn out by the traffic,parking hassles,noise,crime,lack of being able to feel safe,dirty streets,etc.We did not feel the City of Chicago was a good place to start a family. • The turning point was being caught in a cross fire between police and others while I was with my child....Also,within the last year,I was mugged and my car was stolen.24 • • • A • = ba L i nco 1 n InsZ i tutie P - 16 Overview Walled cities and gated communities can be classified in three main categories based on the primary motivation of their residents.First are the Lifestyle communities,where the gates provide security and separation for the leisure activities and amenities within.These in- clude retirement communities;golf and country dub leisure developments;and suburban new towns.Second are the Elite communities,where the gates symbolize distinction and prestige,and both create and protect a secure place on the social ladder.These include en- • laves of the rich and famous;developments for the top fifth,the very affluent;and execu- tive home developments,for the middle class.These two categories are examples of gating motivated by a desire to invest in and control the future through measures designed to max- imize the internal life of the residents.The intention is also in part to artificially induce com- munity in an ersatz,homogenous neighborhood,where physical security and social security are enhanced by both sameness and controlled access. The third category is the Security Zone,where the fear of crime and outsiders is the fore- most motivation for defensive fortifications.This category includes the middle class perch, attempting to protect property and property values;the working class perch,often in deteri- orating areas of the and the low income perch,including public housing,where the crime is acute.Here the residents erect fortifications to regain control,so that the present doesn't overwhelm them.By marking their boundaries and restricting access,these places are often hying to build and strengthen the feeling and function of community in their neighborhood. The three major categories of gated communities,Lifestyle,Elite,and Security Zone,and the nine specific classifications which define their subtypes,all reflect to varying degrees four social dimensions or values(table 2):a sense of community,or the preservation and strengthening of neighborhood bonds;exclusion,or separation from the rest of society; privatization,or the desire to replace and internally control public services;and stability,or the need for homogeneity,predictability,and similarity. With the Lifestyle communities,the two recreational types of retirement and golf/leisure at- tract those to whom exclusion is the primary benefit,while the new town residents are seek- ing privatization.The Elite communities draw those seeking privatization first,and stability and shared values second.The Security Zone neighborhoods are trying to strengthen and protect a sense of community,with stability of secondary importance. The following section of the paper discusses these nine types of gated communities in more detail.The final section looks at the broader outlines and the implications of the gated cities phenomenon,exploring why so many in our society are"forting up,"examining the trend toward privatization of public services and public roles,and considering what this means for the idea of community and the stability of society,democracy and the social contract. • 8 • vicar- 1 ! c@ 1 Lincoln' I nst i t cat a R . 17 Typology YP gy Gates of Paradise—Lifestyle Communities The Lifestyle communities were the first mass-market gated developments,springing up in sunbelt retirement areas such as Florida,Southern California,and Arizona.They include three types Retirement,Golf and Leisure,and New Towns.The residents say that their pri- mary motivation for choosing to live in a given development is the amenities provided. Many of these communities are marketed for golfers,retirees,empty nesters."Carefree liv- ing,"an"active lifestyle,"or member-only golf and country dub facilities are highlighted. The security measures seem to be more an attempt to establish freedom and control than to protect against criminals;few of the suburban residents of gated communities have any per- sonal experience with c ime.25 Retirement Retirement communities,from the nationwide chain of Leisure Worlds to individual devel- opments,were the prototype for exclusionary living for the middle class.Age restrictions, security patrols,and gates and walls create nearly self-sufficient enclaves of senior housing. At Leisure World in Silver Spring,Maryland,security guards board the public buses that serve the development,monitoring passengers while inside the walls to be sure"undesir- ables"don't enter via the bus.The borders are marked by gates,walls,fences,ditches and barricades.In some perverse respects,the residents inhabit a jail-like compound that keeps criminals out at the price of personal freedom.Retirement communities like Leisure World have thousands of residents living in housing designed for a range of incomes and lifestyles, with dozens of soda!dubs and constant recreational activities.These retirement communi- ties are the residential equivalent of a cruise vacation a standardized product,offering an all-inclusive package deal with no surprises.According to one resident, I like the organized type of life-style.It's well structured and manabged.When you get to be my age,you've had all the free-wheeling you can stand? Skidaway Island,off the Georgia coast,has a number of developments designed for the up- market retiree.The Landings on Skidaway Island is a gated golf preserve marketed for ac- tive,affluent seniors through advertisements in the New York Times Magazine.Like many of the upscale retirement communities,it has a high proportion of second home buyers.The Landings ads,like most,never mention security,but speak of leisure activity.Those retire- ment communities that do broach the security issue do it obliquely,as in an ad for Crystal Tree,a suburban Chicago retirement development. From the moment you drive up to gate house and are greeted by the friendly secu- rity guard,you sense it.The feeling that here all is safe,free from worry.27 • i e = 1a2 L i n. . I n Inst i lute P - 1 $ Golf and Leisure The upscale real estate boom of the 1980s spawned a growing number of golf-centered sub- divisions.Taking their cue from the gated compounds of the elite and the patrolled retire- ment communities,more and more of these leisure-oriented developments are gated.First built in the Sunbelt,gated golf communities are spreading to the point that they are com- mon around Chicago and other Northern cities and are now even being developed in Iowa and Minnesota.Gates provide status and prestige,creating large,imposing,ornamented en- tryways to the country club lifestyle."Members only"moves to another dimension when the greens,the dub,and the streets are all access controlled.Many of these developments also offer tennis clubs,swimming complexes,even polo grounds.Many who buy in these developments are golfers,but many others simply value the open space and greenery golf courses provide.The often luxurious clubhouses are a particular draw: It goes back to when we were kids and all wanted to belong to a special dub—a place where you feel special and not everybody can come into.That's the basis you start with,and it works whether you are talking about a club like this or about your favorite neighborhood bar." Some of the more specialized golf/leisure communities are the sports enclaves such as the Polo Grounds,in Boca Raton,Florida,and Indian Wells,California.These developments have championship-quality courses and fields with tournament facilities,and pride them- selves on being host to national competitions.They tend to be at the upper end of the price range with elaborate architecture,gatehouses,and security systems.Another type is the re- sort development,designed for second home buyers-With extensive amenities for leisure ac- tivities,they are usually located in the Sunbelt and offer security designed to protect property during long periods of without anyone in residence.Many of the developments on Hilton Head Island,South Carolina,are of this type,as are developments in the Rancho Mi- rage,Indian Wells and Palm Springs area of California. New Towns Master planned communities have always included a range of housing types,differentiated by size,style,and especially income level More recent new towns now have among their "villages"gated subdivisions,providing exclusionary status to the highest end housing. These tracts are of three types:"urban"'villages of high density townhouses which are some- times gated;luxury"villages,oriented around golf or perhaps a lake,almost always gated; and"resort"villages,designed as second home developments,with high end amenities in- cludinggatehouses."In areas where gated communities are common,such as California and Arizona,the new towns include gates on tracts in middle price ranges as well. Redwood Shores in Redwood City,California,is a planned community of apartments,town- houses,and single family homes on the wetlands of San Francisco Bay.Wide divided streets pass mirrored middle office towers to the residential developments built around streams and canals.Two of Redwood Shores'subdivisions are gated.Shorebird Island is a luxury type,completely surrounded by water,its single family homes accessible only by a private gated bridge.At the mid-price urban village condominium of Lakeshore Villas,an exiting 10 • • • - resident called out the access code to the researcher standing at the electronic entrance key- pad. Green Valley,outside of Las Vegas,Nevada,is a master-planned community which will have 60,000 residents by the year 2005. Walls are everywhere in Green Valley,with elabo- rate specifications in the master plan for their composition,height,and design.The CC&Rs prohibit homeowners from changing them in any way,including a ban on any openings in backyard walls.A marketing agent explains the appeal; It's safe here.And dean.And nice.The schools are good and the crime rate is low. It's what buyers are looking for 3t The high end tracts of Green Valley have gates as well as walls.A 10-year-old resident com- plained that his friends could not get in to see him without a call being made to the"police- man in the guardhouse."But the walls of Green Valley cannot keep it completely safe;in recent years the community has dealt with a serial rapist,robberies,domestic murder,drugs in the schools,and a toxic loud of chlorine gas released from a nearby chemical plant.32 Silver Creek Valley Country Club,in San Jose,California,is the epitome of the new style of self-contained new town.Planned for over 1,500 units,it includes a host of amenities behind a 24-hour gatehouse.Eventually it will have a public elementary school and some commer- cial development on site,with separate entrances for those outside the development.Its mar- keting never mentions gates or security,but emphasizes leisure amenities.Equity memberships in its golf course,tennis club,and country dub are available only to residents. Tracts range from$300,000 townhouses through$500-700,000 estate homes to custom home sites where final cost is expected to top one million.Two of the subdivisions have their own interior gates,and perimeter fences ate likewise found around individual tracts as well as the entire development.Security is tight even now,with only a few dozen homes occu- pied—home-shoppers must rester at the Information Pavilion outside and carry a pass at all times while inside the gates.33 I Have A Dream—Elite Communities Gates not only protect leisure amenities and lifestyle enclaves,but economic and social sta- tus.The elite communities are perhaps the most traditional type of gated community in the United States,having their roots directly in the walls and gates which the very richest have always had.Now,however,the merely affluent,the top fifth of Americans,also have barri- ers between themselves and the rest of us,and so can the upwardly mobile middle class. These developments feed on exclusionary aspirations and the desire to differentiate.The ser- vices of gate guards and security patrols add to the prestige of exclusivity;residents value the simple presence of a security force more than any service they may actually provide.M Except for the oldest developments,the Elite communities tend toward ostentatious en- trances and showy facades.Although they lack the recreational amenities of the Lifestyle types,they do have carefully controlled aesthetics and often enviable landscapes and loca- tions.Some include lakes or nature preserves,or are designed to take advantage of riverside or oceanside sites. 11 . - - a- , f.t..0IY1 to .L itute P - 2@ , Rich and Famous The earliest nonmilitary gated communities in the United States were the wailed com- pounds of celebrities and the very rich These elite developments offered prestige and pri- vacy by physically separating from their surroundings,barring entry to all but the privileged and their guests.They range from the Florida vacation compounds of the East Coast aristocracy to the neighborhoods of Hollywood stars around Los Angeles.Places like Bel Air,California,Newport,Rhode Island,and Forest Hills and tarchmont,New York,are the old guard of aristocratic gated communities,and are largely taken for granted,Newer enclaves for the rich and famous,however,continue to emerge. Hidden Hills,near Ventura in southern California,is home to movie stars and celebrities such as Beau Bridges,Tony Orlando Bob Eubanks,and rapper Eazy-E.An incorporated town since 1961,it has moved its City Hall outside the gates so outsiders with business with the city need not actually enter it.Town council meetings are broadcast on the dosed circuit security video system to each home.Hidden Dills has been under court order to provide low income housing according to slate law,but it has been resisting,even to the point of re- jecting a nonprofit senior development.The low income housing battle,among other things, has attracted quite a lot of press for Hidden Hills,and some residents say they don't under- stand the criticism.A candidate for mayor asked: Why is it that it leaves such a bad taste in people's mouths just because you hAYe a community of people in expensive houses who just want to close themselves off from all the crime and the rest of it in the city at]arge?3 The Top Fifth In Southern California and Florida,gated communities for the wealthy are ubiquitous.En- claves of subdivided lots for custom homes are fenced off from their surroundings and mar- keted for their privacy and prestige.These developments tend to be smaller than those for the less affluent,sometimes with only a dozen houses,although many incorporate hun- dreds units.When the gates are maned security guards double as a sort of concierge, providing notification of arriving guests,admitting maids and repairmen,and accepting de- liveries. In affluent Pacific Palisades,located in the wooded slopes above the ocean north of Los An- geles,gated communities are common.A resident of one of the newer developments noted: We knew that[the guardhouse'was going to be here,and it was a factor.It just made it that much more exciting—not only does it give you security but it also— • there's a certain amount of prestige that goes with it,too sb Marketing brochures and advertisements rarely mention gates specifically.Instead,code words such as"private"and"exclusive"are found over and over again.Older communities seeking the same privacy install gates on their own initiative;one community in Southern California,Hidden Valley,went so far as to spend$50,000 on an electronic antiterrorist • • 12 - - - • •,.•.. bollard of the type used to protect embassies and the vice president's mansion.The device has impaled several cars that dared to enter without authoriration.37 Hernando County,near St.Petersburg,Florida,has been experiencing a boom in luxury- home construction since the amid-80s.Doctors,lawyers and business executives moved into ostentatious gated developments where houses feature indoor pools,marble floors and gold-plated plumbing fixtures.At the Waters of Weeki Wachee,homes were selling for $400,000 to$600,000 in the late 1980s.A spokesman noted at the time,"The gated entry,the full-time security and the private streets all go along with the pattern and complement the price they pay for their homes."According to a builder spedalizing in custom homes in the area's gated communities,buyers want houses"that make a clear statement about them- selves and their lifestyles"38 Executive Gated residential developments are now available to the middle class as well.Sold as"exec- utive"residences,they usually offer no amenities beyond a gated entry,perimeter fence,or perhaps a pool or tennis court.Home to young professionals and middle managers,they provide the cachet of exclusive living to those with nonexclusive incomes.Many have elec- tronic gates,and others have guardhouses at the main entrance.Guards,however,are some- times never hired by the homeowners association because of the high ongoing cost,and the gatehouse stands as solely a psychological deterrent to outsiders.Individual home security systems are common,and the more sophisticated include video monitors which allow resi- dents to view motorists requesting admittance at the main gate or even to observe the corn- ings and goings of their neighbors by means of cameras placed throughout the development. In a suburb of St.Louis,University Place was built with just this market segment in mind.A high-density development of 100 townhouses and single family homes which sold for $170,000 to$235,000,University Place has a small green and a toddler playground.in seem- ing contrast to these modest amenities for the young families the developers hoped to at- tract,the subdivision's main entrance boasts not just a gate but a large monument. 39 Magdalene Reserve is a small 39-unit development near Tampa,Florida,which won awards for a design which saved many of the existing trees and left common areas in their natural state.Homes in the subdivision sell for$150,000 to$250,000. The park-like setting is part of the attraction for residents,but so is the existence of the entrance gate The gate doses in the evening and you feel free to roam around.People get out and see what their neighbors are doing.It's really friendly.° Executive home developments are very common in Southern California as well.One has re- cently been proposed for a valley 60 miles east of San Diego,where 84 homes will be placed on 755 acres,leap-fogging existing suburban development.The developer of Stagecoach Springs plans to sell houses under 2,000 square feet for$140,000 to$170,000. Stagecoach Springs will be"a very safe community"because of its gates,"an affordable place out in the country for moderate-income families."4n • 13 • • • • • 4 r = 1 1 4 L i rn c o 1 en. I p- . . i - R . 22 Valley of Fear—Security Zone Communities iEies Possibly the fastest growing type of gated community is the Security Zone,characterized by the closed streets and gated complexes of the Low Income,Working Class and Middle Class Perches.Poor inner city neighborhoods and public housing projects are using security guards,gates and fences to keep out drug dealing,prostitution,and drive-by shootings. Other neighborhoods,frightened by spillover crime from nearby areas,are obtaining city permission to take their streets out of public use,limiting access only to residents.In the . inner suburbs,in areas both near to and far from high crime areas,new subdivision tracts and townhouse developments are built within walls,and existing communities tax them- selves to install security gates.Whether crime is acute or infrequent—the threat actual or only perceived--the fear is very real. Low Income Perch Gates,fences,and walls are no longer solely for those with money.At public housing pro- jects throughout the country,housing authorities are installing fences and using guard- houses to restrict access to residents and their guests.Inner city communities are now doing the same,blocking streets to create mazes that deter drive-by crime and quick getaways, and gating apartment complexes and even entire neighborhoods.These gates and walls are more often paid for by the city government or local housing authority than by the residents, but the initiative can come from either.Whichever is the case,these walls differ from all of those discussed so far in that they were essentially forced on the people living inside them as an exigency,rather than chosen by them as an amenity. Franklin Villa,Sacramento,California,is a low-income neighborhood of apartment and con- dominium complexes with serious problems with gangs,drugs,and violent crime.After years of demands by neighborhood residents,the city agreed in early 1993 to barricade streets into the neighborhood as part of a$23 million plan of community revitalization.42 Prior to that,individual complexes had attempted to control crime,with one homeowners' association spending over$200,000 on an iron fence and security guards who patrolled with guns and dogs.43 Potomac Gardens is an example of the use of the gates in public housing,where residents are more likely to be walled off without asking for gates or even giving their consent.The June 1992 installation of gates and knees inside and around the Washington,DC,project ini- tially angered residents to the point that firefighters arriving to put out protest fires were stoned by the crowd.Comparisons were made to jails and zoos,with residents telling re- porters,"It's disrespectful We aren't animals.We don't need to be caged."'The security mea- sures include identification cards,security cameras,and 24-hour guards."The measures did dramatically reduce drug dealing and vandalism,however,and the majority of tenants came to support the'Pence"within a few months.° A resident of Mar Vista Gardens,a 43-acre public housing complex in Los Angeles with a similar systems of gates and fences,explained that many residents"want a gated commu- nity forte same reasons rich people want to live in gated communities—tocut down on crude. • • 14 • - "•` - ao rice 1 t1 I rlst i t ut e. p _ 23 Yet while it makes surface sense that the poor should have access to the same security amen- ities as the rich,some question the wisdom of fencing off public housing projects and poor neighborhoods.According to Mark Baldassare, These gated communities discourage residents from interacting with the outside world...The wealthy want that,but the poor don't.The poor need to link up with the community outside their walls because they need the jobs,the contacts,the re- sources....Pktting a housing project in a fortress-like setting further stigmatizes the residents. Working Class Perch Working class city neighborhoods are also installing gates and fences.Often surrounded by or adjacent to lower income,higher crime areas,these neighborhoods are trying to hang on to their homes and maintain their property values in the face of the growing violence around them.Like the gates and fences around public housing and very low income neigh- borhoods,the working class perch is less of a choice than a necessity. Athens Heights,in South Central Los Angeles,is just a few blocks from Normandie and Florence,the epicenter of the LA riots.It contains some grand old houses and more modest stucco bungalows,mostly built in the 195Os,all with carefully tended lawns and gardens. Surrounding the neighborhood are some of the poorest,most crime-plagued blocks in Los Angeles.The Athens Heights homeowners began seeking approval to gate their streets in 1987,and finally installed one permanent iron gate and several temporary wooden barri- cades in 1991. The original plan called for 10 iron gates,leaving only a single open street into the neighborhood.Residents say crime decreased after the gating.A resident of Athens Heights,expressing the isolation and loss of community the gates have brought,says: (Tihe children going back and forth to school,they way that they now have to go (they see)a lot of graffiti,and I think if they walked through here,they'd see a lot of beauty instead....[lit's regrettable that they're now precluded from seeing that, and there's nothing like seeing a cluld growing up and going to school...and then after about 12 years,you no longer see that child,and you know...they've gone on to adulthood or they've gone on to college perhaps.Hopefully,one of these days, we'll be able to allow the children to return. The Five Oaks neighborhood near downtown Dayton,Ohio,was struggling with growing through-traffic from commuters,problems with prostitution and drugs,and the flight of long-time residents.The city's answer was a 1992 plan to gate off streets throughout the community,creating eight mini-neighborhoods of three or four streets each.Each mini- neighborhood has only one entrance point,the rest of the internal streets being dosed with automatic gates.None of the feeder streets are continuous from one border to another_ While the closure of streets is expected to reduce crime and traffic,it also would define the mini neighborhood streets as being under the control of its resi- dents.It would evoke proprietary feeling by residents....The nature of the streets would change from open,public thoroughfares without any association or defined 15 . - -. — • - — • ••••, • - ago I_ I I . I n lutist. i tI-1 P - 24 L identity,to dosed,limited access streets with which residents identify and to which they bring their own character.49 Middle Class Perch Middle class homeowners are also forting up,fearful of high crime rates in nearby neighbor- hoods or simply afraid that the demographic change and growing violence they see around them could one day be at their doors.Condominium and townhouse developments in the suburbs of Los Angeles,Washington,DC,Chicago,Miami and Atlanta are now commonly gated.The high density complexes allow those with modest incomes to buy into the secu- rity of gates and guards.Most of the recent infill projects near New York City are gated,and all have some form of barrier limiting access 5o In addition,the homeowners of the burb traps are trying to cling to their place in the social and economic hierarchy in the face of dra- matic changes already transforming their once peaceful and homogenous inner ring sub- urbs.They are gating themselves off,dosing public streets with concrete or landscaped barriers,limiting entrance to just one or two electronically controlled gates. In the low crime area of Nassau and Suffolk County,Long Island,New York,gated commu- nities are now becoming commonplace.Crime has certainly increased since 1980,but Nassau County,when you look at it vis-a-vis the surrounding communities,is doing very well.When a few cars are stolen from an area,people all of a sudden be- come concerned.There is that feeling of vulnerability,but the vulnerability is not as great as they perceive it to be.51 The middle class and upper middle class are turning away from their single family home subdivisions to gated condominiums and cooperatives such as the S00 unit Hamlet East in Jericho.There,a member of the security committee says that a"big percentage"of the resi- dents would not have moved in if not for the guarded gate_A local security company execu- tive told the New York Times that even very rich people never thought that they would be living attached or close to other people,but the fact is that with crime being what it is,I think they feel a lot safer in a condominium atmosphere. Keystone Point,Miami Shores,and Belle Meade are South Miami neighborhoods that have all installed gates or barricades.All report drops in crime,up to 45 percent in the case of Keystone Point and increases in property values of as much as 46 percent in 4 years. Nearby neighborhoods without gates have seen property values decline and crime rates rise 53 Since 1987,Shorecsest,surrounded on three sides by gated communities,has seen crime increase 59 percent,Shores rot is now considering guardhouses. Another example of middle class street closures is the Hillcrest area of Maplewood,New Jer- sey,where five wrought iron gates were installed last year to the outrage of neighboring Newark.As in many of these street closure battles,the Hillcrest homeowners'association steadfastly maintains that it simply wants to reduce through-traffic on residential streets. Hillcrest residents are middle class professionals,and about half of them are black.The sec- tion of Newark with which they share a border,however,is a poor,run-down neighbor- • • 16 filer hood.The Hillcrest residents want what the suburbs have,the cul-de-sac street layout which they say planners have dearly decided is preferred to the urban grid their homes were built on.Mayor Sharpe James of Newark has been on a round of radio and television talk shows denouncing Hillcrest's"elitist"and"destructive"gates.The issue to James is "class separation"which will"cause divisiveness instead of cooperation."The NAACP has become involved in the dispute,saying they are taking a"proactive stance"against the growing trend of gated leisure developments and neighborhoods barricading their streets.55 Issues Forting Up Fortress Mentality Walled cities and gated communities are a dramatic manifestation of the fortress mentality growing in America.Gates,fences and private security forces,along with land use policies, development regulations,and other planning tools are being used throughout the country to restrict or limit access to residential,commercial and public areas.The reasons for these actions are not simply racist...like many in the New America[people]are gripped by the fear of falling off the housing train.They are afraid that if you make the wrong hous- ing decision,if you jeopardize your housing equity and your house-buying,you will never be able to get on the housing train again..This feeling is becoming domi- nant everywhere.There is a growing crisis of future expectation in America's mid- dle class. Real estate market analyst Sanford Goodkin,in a report to the National Association of Home Builders,agrees that insecurity is becoming a powerful motivator for exclusionary measures.He predicts that rising crime in the cities will spur strong growth in gated com- munities and the installation of home security systems in the 1990s."People are feeling inse- cure.They want their home to be a fortress.»57 The dramatic growth of the security industry is indicative of this trend.A National Institute of justice study found that three times as many people now work in the security field,from equipment manufacturers to armored car drivers,as are employed by official law enforce- ment agencies.The number of security guards has doubled in the last decade and now sur- passes the number of police.Private security outspends public law enforcement by 73 percent,and is now"dearly the nation's primary protective resource."58 As the middle class homeowners of older urban and inner suburban neighborhoods seek to protect their investments,they are turning not just to hired security patrols and Neighbor- hood Watch groups,but to barricades and iron gates blocking access to their streets.The for- tress mentality is perhaps dearest here,where groups of people are taking the initiative to shut out their neighbors.Streets have been closed in Los Angeles,Miami,St.Louis,Minne- 17 • - ... . c P - 2S apolis,Texas,Ohio,New Jersey.Arizona and elsewhere.In Florida,the state's Safe Neigh- borhood Act allows communities to negotiate with their local governments to close,privat- ize,or modify the right-of-way on public streets.55 Residents say they want to protect themselves from crime,reduce traffic,and control their community.Proponents support street closures as an effective crime deterrent that helps maintain neighborhoods,homeownership,and curb white flight to the suburbs. In Los Angeles,dozens of neighborhoods,Black,Anglo,and Latino,rich,poor,and middle class,have petitioned the city to privatize their streets since the 1992 riots,and about a half dozen did so,sa A suit brought by apartment dweller living beneath the newly installed gate to wealthy Whitley Heights sought to stop the gatings on the grounds that it violated the state Vehicle Code regulations on the use of public streeta61 The Gtizens Against Gated Enclaves won the suit,and the state Supreme Court upheld the ruling in March of 1994. Whitley Heights continues to appeal,and two dozen previously approved gating pro- posals remain pending awaiting the result.Meanwhile,applications for street closures con- tinue to be made,with over 60 proposals submitted in the first quarter of 1994.63 In response,State Senator Robert Beverly(R-Long Beach)wrote legislation to amend the Ve- hicle Code to allow for gating for crime prevention at the police department's request.Gat- ing must be temporary,with a maximum period allowed of 3 years.Since Beverly's bill passed,Sacramento has gated public streets.Long Beach had already dosed streets in two drug and prostitution areas in 1991 bl I've Got Mine The gating of existing and new residential developments has a profound impact on prop- erty values,both in the privatized neighborhood and in surrounding communities.Oppo- nents of gated communities in Plano,Texas,claim that a gated community decreases property values in adjacent neighborhoods by 5 percent, while realtors in Houston say that gated developments are worth 15-.20 percent on the resale value of houses.In Dallas, lot values increased 25 percent due to gating.66 Neighborhood groups in California petition- ing to gate off their streets admit to expecting property value increases of as much as 40 per- cent in 10 years!° The race to lock in position and equity makes sense for those who get their gates,but the re- sults affect their nearby neighbors as well.It is common sense that excluding crime from one area will merely displace most,if not all,of it to nearby areas,and the experience of places like Shorecrest in Miami demonstrate this.68 Gating also reduces traffic in a neighbor- hood,but cars too are merely diverted to other streets.69 In addition,the simple daily uses of public streets,from parking to afternoon walks,are denied to all but those who own prop- erty behind the gates. A less tangible but equally exclusionary aspect of the movement toward forting up are no- growth polides and regulations.The growing fear of the loss of house wealth is recasting land use planning tools and giving rise to a new surge of land management efforts aimed at retarding growth.Over 300 of California's 415 municipal jurisdictions have initiated no- growth legislation."Most are suburban and outer-ring communities that have taken these 18 • • �• .. a r I S L I L lA L - 2 T actions to stem the tide of minorities moving out of the cities.No-growth is not merely a land use regime but a bundle of polities that have remarkably little impact on growth but strong impacts on community composition?'There is clear evidence that local groups who prompt no-growth polices recognize their intrinsic capacity to limit the movement of mi- norities out of the inner city.As Rabin says, local government land use regulations;segregative policies and practices of housing authorities;the failure to enforce civil rights laws;severe federal funding reduc- tions....These diverse policies and activities differ widely in the nature and inten- sity of their impacts on isolation.Some exert powerful influences on the spatial distribution of development,some influence the nature of development while other establish conditions of access to the benefits of development.It is important to rec- ognize those public policies that disproportionately increase the opportunity for whites to leave the central city. These"turf wars,"while most drama b� trend for land use �Y manifested by the gated mmmumity,are a trou- blingplanning.As citizens separate themselves into homogenous,inde- pendent cells,their ties to the greater polity and society become attenuated,increasing resistance to efforts to resolve municipal,let alone regional,problems. Over time,as we're coming across problems that are regional in nature,such as air quality,transportation,water and growth management,we're dealing with a popu- lation that's becoming more locally oriented and more oriented toward isolating themselves from the problems of the region as a whole_73 Citizen Who Privatisation Local communities,burdened with an increasing share of the costs of schools,roads,police, housing,and other services,often welcome the communities who take on previously public roles.Privatization here refers not to the hiring of private firms by government to provide public services,but to privatized government,the replacement of public government and its functions by private organizations who purchase services from the market.Private commu- nities are providing their own security,street leaning and maintenance,parks and recre- ation and garbage collection.An entire parallel,private system exists to provide schools, playgrounds,parks,and police protection for those who can pay,leaving the poor and less well-to-do dependent on the ever-reduced services of city and county governments.A ten- dency exists, to fort up,to turn away from public initiatives...to very privatized actions by which one strives to control some small piece of one's environment.This is evident increasingly in public attitudes and in living space preferences-74 The growth of the large,self-contained suburban new towns is due in part to the fact that de- velopment costs have escalated to the point that only complete control of very large areas is 19 J U L-2 4-9 5 NON 1 T = e e L i n c o l n I n s t i t u t e P . 20 considered finandally prudent.Both developers and residents are increasingly fearful of public regulation that might harm their property values by inducing forced racial or income integration.This form of development is spreading because it controls both internal and ex- ternal market forces by curtailing the impacts on land use from urban planning and other public policies?' Privatization of a wide range of normally public goods and services is fueled in part by the declining levels of services provided by localities across the country.In areas where citizens feel let down by local government,it is not surprising that those who can afford it are turn- ing to private service provision.Even in the most affluent suburbs,however,where crime is nearly nonexistent,where libraries are high tech and open all week,and where street repairs occur promptly,Americans are turning to self-provision of services,privatizing their streets and buying security,maintenance and other services on the private market Here the issue is less one of replacing failing city services than controlling the residential space 76 In a gated community,the swimming pool,the street,and the tot lot is private,used only by the resi- dents and their invited guests,fully under their control. Inside and outside of gated developments,bond issues and special assessment districts allow more affluent groups to maintain a higher level of services than local government is able to offer,tailoring service delivery to their preferences through self-taxation.These enti- ties,sometimes known as Business Improvement Districts(BIDs)or Special Service Areas (SSAs)may be formed when a majority of property or business owners in an area agree to . assess themselves to augment or replace city services.They are common from downtown shopping districts to the newest suburbs.According to the US.Census Bureau,the number of BIDS grew by 12 percent from 1987 to 1992,with over 33,000 across the country.T 7 Privatization comes with a cost,however,and sometimes communities regret biting off more than they can chew.In Arizona,communities which privatized their streets have asked their city governments to reassume responsibility for maintenance when big bills came due.78 Residents of gated communities are in essence taxed twice once through local property taxes,and again through homeowner association fees.A few communities are revolting against this"double taxation,"asking for rebates on the cost of the public works and public safety services they provide for themselves 79 despite the fact that they volunteered for it when they bought their property or gated their streets.They're taking care of themselves, they say,and have no desire to contribute to the common pool serving their neighbors in the rest of the city.In areas where gated communities are the norm,not the exception,this perspective has the potential for severe impacts on the common welfare. In areas such as Palm Springs,California,and Hilton Head Island,South Carolina,where most residential developments are gated,city governments find themselves playing unusu- ally circumscribed roles.Hilton Head Island incorporated after many of its gated communi- ties were built,and simply recognized their existing master plans in its zoning code.It has recently passed strict regulations limiting development,in part because the string of gated developments along the island make it impossible to build roads to supplement the single arterial across the island? • • • •• 20 TUL-24-95 MON 1T : 09 Lincoln Institute P - 29 Community associations have been called shadow governments before.In the case of gated communities,they take on a previously national government role:border security and de- fense.In a disturbing parallel,local government entities in at least one area are actually tak- ing on this function,acting to bar unapproved nonresidents from entry.In California's Central Valley,isolated communities that have Community Services Districts to provide water,sewer,fire protection and other public services have been petitioning to Sacramento for legislation to allow them to restrict access with gates,fences,and guards.81 Large-lot zon- ing and other land use policy tools have been used by many ins to discourage or prevent unwanted people from taking up residence in their town,but these laws seek to pre- • vent them from even visiting- Secession The end state of privatization is secession,the withdrawal from responsibility and connec- tion to the nation,the region,or the city.Private governments are one form of secession,and often suburbanization serves the same purpose.At the same time as Americans increasingly withdraw into homogenous communities with others of similar economic status,the burden of public services has been progressively shifted from the federal government to the states, and then to the counties and towns.The result is that the more well-off are less and less en- cumbered with the responsibility of providing for the poor.Symbolic analysts,Robert Reich's term for the knowledge workers who are the main beneficiaries of economic restruc- turing,are apparently loath to share their winnings. In allocating personal income,the symbolic analyst has shown no lack of willingness to en- gage in collective consumption.But incsingly,the public goods that result are shared only with other symbolic analysts.Symbolic analysts take on the responsibilities of citizen- ship,but the communities they create are composed only of own. citizens with and diverse omes close to their In this way,symbolic analysts are quietly seceding large publics of America into homogenous enclaves,within which their earnings need not be re- distributed to people less fortunate than thernselves.82 Unhappy with public services and unwilling to contribute to the general pool to pay for ser- vices provided to their fellow citizens,the residents of gated communities take their seces- sion from the civic order to the extreme by incorporating.At least five gated communities are fully independent,incorporated towns.Hidden Hills,population 1,812;Roiling Hills, population 2,076;and Canyon Lake,population 13,000,are all located in Southern Califor- nia.Tiny Golf,with 114 residents,and Golden Beach,population 612,are near Miami,Flor- ida.Others in California,such as 21,000-resident Leisure World Laguna Hills,and Heritage Ranch in San Luis Obispo County have considered incorporation.Voters in Indian Wells, near Palm Springs,approved a plan in 1983 that will eventually wall off the few remaining ungated areas of the city,which has the highest per capita income in California.A long time resident explained the motivation: I think the protection is well worth the cost.At least the gates will deter some of these pule from burglarizing us.Plus I feel property values will go up about 25 percent. . 21 JUL-24-95 MON 17. - 10 Lincalri Instiouoe P . 3O The largest of the walled incorporated cities is Canyon Lake,which was developed in the 1970s in Riverside County east of Los Angeles.Fully walled off,with only a small shopping center outside the city gates,the large affluent community recently incorporated after annex- ation threats by the neighboring towns of Perris and Lake Elsinore.Both Perris and Lake Elsinore are poor cities,and Lake Elsinore has the highest crime rate in the county.Like most of the incorporated walled cities,Canyon Lake has really only added independence to the already established governmental characteristics of its homeowner assodation.Most of the town's revenue comes from the assessed dues.The city budget of$1.3 million pays for a city manager,an administrative staff,and the police force contracted from Perris.The home- owners association handles everything else,from public works to garbage collection,with its budget of nearly$6 million. The incorporation of gated communities hardens and magnifies the characteristic exclusion, privatization,and secession of these places_The city of Hidden Hills,where white picket fences are mandatory,is an interesting case of the functioning of a town government behind walls.The mayor of Calabasas charges that Hidden Hills does not cooperate or participate in community functions.When the local mayors hold meetings,Hidden Hills sends only their city clerk.Nevertheless,a campaign issue in the April city council elections was the threat of crime from a new shopping center built in Calabasas A candidate told the Los An- geles Timis that Hidden Hills dty politics are like running for some class office in high schooL People tend to vote for those they know or like.There aren't any burning issues•4S Divided We Fail Isolation and Exclusion Gating is an extension of the separation and distinction that the covenants and restrictions of suburban tracts already provide,acting as an additional way to define boundaries,guar- antee property values,and effectively prohibit neighborhood change.Gates and walls are augmenting the deed restriction,which is no longer felt to be enough protection in the face of people's perception of vulnerability and fear. Gated communities are themselves a microcosm of the larger spatial pattern of segmenta- tion and separation.The growing divisions between city and suburb and rich and poor are creating new patterns which reinforce the costs that isolation and exclusion impose on some at the same time that they benefit others.Suburbanization has been instrumental in dividing up gains and losses of economic restructuring,allowing the winners to protect their position through geographic separation and further exacerbating differentials in income and wealth_ Suburban growth has been the flip side of the city's decline and decay,or of a city's division into separate zones of white corporate wealth and African-American,Latino and immigrant Third World-114e poverty as Mike Davis has documented the social polarization in Los Angeles and the fantastic high tech measures being taken from the redeveloped downtown to the outer suburbs to divide • • • . 22 • • .T U L-2 4-9 5 M O N 1 "7 = 1 0 L i n c o l r, I n s t i t u t e P - 3 1 („,„ the privileged from the poor,the young,and the nonwhite.87 As the ubiquitous gated com- munities of the suburbs are coming to look like a fortified honeycomb,with each resider link neighborhood now encased in its own walled cell;'the inner cities and their public places are becoming a patchwork of special law enforcement districts designed to quaran- tine,exclude,and control undesirable populations 88 The assurances of"homeless containment zones"and"gang free parks"are not enough, however,and so the planned communities of the suburbs are designed to be so self-suffi- cient as to obviate any need to interact with the older urban areas.The national model for the modern new town is Las Colinas,Texas,which includes within its boundaries leisure amenities,hotels,retail complexes,light industry,offices which are home to a"who's who" list of multinational corporations,and 30,000 people living behind electronic gatess89 Far from a bedroom community,Los Colinas is but one example of Joel Garreau's Edge Cities-- the sprawling suburban centers which now contain over two-thirds of the country's office space."Public space is limited to the freeways,and the new town square is the privately owned and controlled regional mall_ The abandonment of the idea of public space is not just seen in the self-contained cities of the urban periphery.Communities like Three Arch Bay,Blue Lagoon and Irvine Cove in La- guna Beach have been fighting the California Coastal Commission for years over the lack of public access to the beaches which their multimillion dollar homes overlook.The beaches are public,but the gates to the private streets built along them preclude any access to the coves along the rocky coast.Cities from Santa Barbara to Malibu are involved in similar bat- tles as those with privileged access to natural resources try to exclude the rest of the public from sharing them.A resident of Three Arch Bay explained the gated community's point of view: I guess that's the law;everybody has a right to the beach.But they certainly don't have any right to come through private property to get to the beach....We wouldn't really enjoy having hordes of people on our[sic]beach.I can safely say there's not a soul here in favor of public access91 Efforts to keep outsiders away extend even to nearby public parks.The private street lead- ing to the guarded gate of Monarch Point.in Laguna Niguel,California,is the only access to Badlands Park,which has some of Orange County's most scenic hiking trails but no parking facilities.The Monarch Point residents,unwilling to share their spectacular views,have painted the curb red and posted no parking signs,and the county is suing to remove them 92 In Seal Beach,California,expansion plans for a public park that included an RV campground drew vociferous opposition from neighbors,many of whom live in gated com- munities,claiming that the campground would cause an increase in break-ins and other crime.The plan for camping was scrapped,and expansion of the park was limited to picnic grounds,additional boat slips and a"passive park"without any recreational equipment 88 Despite the growing trend toward division and separation,and despite the marketing suc- cesses of the gated city developers,there is some evidence that walled isolation is not lead- ing to greater happiness.In Southern California's San Fernando Valley,a 1993 Los Angles Times poll showed that residents of restricted-access developments were less likely to report satisfaction with their communities than those without gates,fences,or guards.Over half of • • 23 JUL-24-95 MON 1 T : 1 1 L i r-co I ri I nit I t i e P - 32 , those in secured environments said they were contemplating moving from the area,com- pared to less than a third of other San Fernando Valley residents 94 The poll included gated apartment complexes and neighborhoods with roving patrols in the restricted-access cate- gory as well as guard-gated communities.Even given that some of the dissatisfied are occu- pying the contested ground of security perches in areas with high crime rates,the poll seems to indicate that at the least,fortified communities are not necessarily successful in re- lieving fear.It may also indicate that neither are they meeting people's needs for connection and community. Communitas The tensions between American individualism and community are clearly manifested in the gated communities.As Robert BeIlah,questioning whether it is possible to sustain a healthy public or private life without commitment to the larger community,quotes Toqueviile, Individualism is a calm and considered feeling which disposes each citizen to iso- late himself from the mass of his fellows and withdraw into the circle of family ly and friends;with this little�society formed to his taste,he gladly leaves the greater soci- ety to look after itself. While Bellah found that the balance has not swayed completely to the side of individualism in America,many of those he interviewed have chosen to surround themselves with similar people in suburban tracts,satisfied with a narrow definition of community that extends only to those in their lifestyle enclaves": I wish we could have bought twenty acres back then[1959j—twenty acres in the back country—and put a moat around it with alligators in it.A good community is when you have a complete mixture—enough shopping to take care of your needs, but not large shopping centers that would bring people in from outside the commu- nity.I would want to see our community develop as if it were an island 96 This loss of both the ideal and the reality of active,inclusive,interdependent community is illustrated by the artificially created"corrununity"of walled developments.Briarwood and Carlton Square,two gated communities of about 3,000 people in Inglewood,California, have a reputation for taking little part in the Iife of the city,despite the fact that the mayor and the school board president are residents and voting rates are high.Inside the gates is lit- tle different The president of Carlton Square's homeowner association reports poor atten- dance at monthly community meetings.A 20-year resident of Briarwood says the community is"very,very private.You really don't know the people living next door.That's the lifestyle here."', Similar observations are made of gated Friendly Hills Estates,in the Quaker-founded city of Whittier,California.The gated community residents are"invisible citizens,"and do not at- tend traditional community events such as summer bandshell concerts.Coming to Friendly Hills'defense,a realtor responds that the residents do"throw benefits and eat in Whittier's fine restaurants.•A8 • • • • 24 • L • JUL-24-95 MON 17' : 12 Lincoln Institute P - 33 Nonetheless,it is dear that people still yearn for community and for connection,even as they seem to seek out the ersatz community which Bellsh terms lifestyle enclaves."It is no accident that developers refer to their products as"communities;and some gated develop- ments,especially those aimed at retirees,go to great lengths to create a sense of community for their residents.Desert Horizons,near Palm Springs,California,has its own newsletter, Horizons,"Published for the Fortunate Four Hundred."It features photos of residents at community events such as holiday and newcomer welcoming parties.Columns offer golf tips,tournament results,and a calendar of events. "Common interest communities"is a term frequently used for homeowner associations.It speaks to the positive side to localism and associational government a case which has been made most recently by communitarian thinkers such as Amitai Etzioni.Increased solidarity and strengthened bonds between neighbors seem a good thing in fact,it may be the base for all participation in public and private life.Certainly the residents of walled cities see their security systems as enabling and enhancing"lteighborliness"and"community."The gated coaununities and their private government counterparts,however,violate a key prin- ciple of the communitarian philosophy:they elevate group loyalty and identity above the commons. The more one favors strengthening communities,a core of the communitarian agenda,the more one must concern oneself with ensuring that they see themselves as parts of a more en- compassing whole,rather than as fully independent and antagonistic 99 Social Contact and the Social Contract Fragmentation Recent demographic changes are dividing,not diversifying,the nation.Metropolitan areas have become increasingly spatially pluralistic and segregated in terms of race,class,and land vaivesP3 At the same time,these metropolitan spatial patterns are apparently being re- created on a much larger scale across the country.The unprecedented volume of foreign im- migration in the 1980s was concentrated in seven states:New York,New Jersey,Illinois, Massachusetts,Florida,and California,of which all but Florida and California experienced significant net white outm igration.Whites are now fleeing entire states and regions in the face of dramatic demographic change: Minorities,be they newcomers or long-term residents,remain located in residentially iso- lated neighborhoods.Indices of segregation in 1980 showed that nearly 79 percent of Afri- can-Americans,48 percent of Hispanics,and 43kercent of Asians would have to move in order to achieve racially mixed neighborhoods. This pattern of segregation differs slightly by region of the country.Residential segregation by race both results in and exacer- bates segregation by income,concentrating_not just poverty against affluence but also the uneven effects of economic restructuring 1 The 1990 census indicates an ominous trend:ra- cially segregated areas in the 1980 census were both race-and incomEsegregated in the 1990 census.In essence,the position of the minority poor,particularly African Americans,deteri- orated over the decade. • 25 • • � • . . 4IJL-24-95 MOH 17 : 12 Lincoln Instii4ute P - 34 flaw Despite some liberalization of white attitudes towards integrated neighborhoods,whites continue overwhelmingly to prefer.predominantly white areas,even as African Americans prefer mixed-race neighborhoods.1�+Housing discrimination,and resultant residential seg- regation,has substantial effect on occupational opportunity and the likelihood of pov- erty 10s White flight(and sometimes minority middle-class flight)has most often left impoverished residents economically stranded,and socially separated,with little political power and few public resources.The resulting spatial concentration by race and class leads inevitably to social isolation,a loss of social contact. The dual city t06 characterized by segregated markets for labor and housing,is becoming a sharper reality.As the middle class flees not iust the city but the inner suburbs and even en- tire states,and as walls are built to help protect those who try to stay behind,poor neighbor- hoods are increasingly isolated from the municipal land,labor and social markets.Landis provides evidence of the economic geography through location quotients to show the inter- relationships of race,poverty,and space.= In a sense,the poor inner city neighborhoods form a new land and social pattern.They are not responsive to the regular real estate mar- ket.Even the reduction in land values does not attract buyers or lenders.Consequently,the fate of these neighborhoods cannot rest on the workings of market forces as in previous de- cades.This pattern is increasingly the focus of major research efforts indicating that the dual- ity in the urban structure is intensifying. The uncoupling of industry from cities t06 and of professionals,Reich's symbolic analysts, from geography,109 compounds the trend toward secession and privatization by undercut- ting the old foundation of community and providing a new rationale for the lifestyle en- clave or gated community based on shared socioeconomic status.The narrowing of social contact is likewise narrowing the social contract. If generosity and solidarity end at the borders of our common property values,then symbolic analysts can be virtuous citizens at little cost.Since almost everyone in their"community"is by definition as well off as they are,there is no cause for a stricken conscience.If inhabitants of another neighborhood are poorer,let them look to one another.Why should we pay for their schools?So the argument goes, without acknowledging that the critical assumption has alre gy been made:"we" and"they'belong to fundamentally different communities.' With segregated,disconnected living spaces and social interactions,the result is atomized citizenship,in place and in style.Democracy is in part based on the mutuality of citizenship, the structure of communities which tie individuals together across their dissimilarities.Like Daniel Moynihan,who questioned whether African Americans as a group could survive and flourish in the absence of the key social structure of the stable family,we question whether American society can prosper without inclusive community under girding the prac- tice of citizenship.Can the nation have any wholeness when communities are fragmented and pitted against one another socially,politically,or economically? The trend toward privatized government and communities is part of the more general trend of fragmentation,and the resulting loss of connection and social contact is weakening the bonds of mutual responsibility and the social contract.We no Ionger speak of dtizens,but rather of taxpayers. • 26 J UL-24-95 ii01-I 1 T = 1 3 L i n c o I n I i- . i 4 u . e P _ 3 5 L Taxpayers pay tribute to the government,and they receive services from it.So does every subject of a totalitarian regime.What taxpayers do not do,and what people who call themselves taxpayers have long since stopped even imagining doing,is governing.In a democracy,by the very meaning of the word the people govern— they create among themselves the conditions of their lives.iti Neighborhood schools may have been the first thread that unraveled as the fabric of civitas began to rip.The trend has grown with increasing privatization,inc easing atomization and increasing localism.The borders of the gated communities are emblematic of the prolif- eration of boundaries being set and hardened as communities fragment,looking inward. When basic public services are provided by a homeowners'association or a special district authority,the need for communication with or concern about one's council representative is greatly dindnished.Similarly,the need for the greater community is reduced as the new sub- urbs become more self-contained,with the larger scale new towns approaching self-suffi- cient cities.The need for others in society is lessening,and walls preventing contact are spreading. Opposition Among city officials and planners,some,like the planners in Palm Springs,take gated com- munities for granted,limiting their concerns to technical issues of traffic flow,aesthetics, and emergency vehicle access.t2 Robert Piper,chief planner for Highland Park,Ohio,ad- mits to thinking that"any street ought to be open to the public,"but maintains that the city does not have time power to prevent communities from gating. Birds of a feather flock together,and they have a right to do so.If that presents a problem to society,that's the way it i .If people who wish tight security wish to flock together,that's their business.1' Others clearly object.Many in Los Angeles,including City Councilwoman Rita Walters, have objected to street closures,envisioning a future of barricades and passes.114 Norman Kr umholz,former planning director of Cleveland,Ohio,has warned of the potential for the balkanization of cities.15 Still others question the wisdom of protecting limited areas with- out consideration of the effects on the overall city or the region,and many worry about in- creasing segregation and racist motivations.Lexy McCulloch,a planner in Burr Ridge,Ohio, says that the planning commission opposes gates as"separatist"and has requested they be removed from at least one proposed development.She Is also concerned about the lower right-of-way requirements for private streets and the possibility that future residents may ask the city to take over maintenance when street repairs become costly 116 There is also growing evidence of opposition to gates from neighbors and residents.In Los Angeles,Atlanta,Chicago,Oregon,Sacramento and other cities,significant battles over pro- posals for street closures and gated developments have been fought in courts and city halls_ The anti-gating organizations and individuals express a range of arguments,from the legal and bureaucratic to the social and philosophical.Common are expressions of the old no- tions of civic bondedness: • • 27 JIJL-24-95 MON 1 7 : 1 4 Lincoln. I nst i t ut a P _ 36 I love this community and I want to keep it clean and green and open,and you can't do that sitting behind a gate thumbing your nose at the world.I've seen enough bars and gates to last several lifetimes iz7 Some have a dear view of what it means to be a member of the civic community,and see gates as establishing partitions between citizens. The idea is divisive.This proposal is to gate a city within a city.I am not separate from the rest of Plant City and I don't want to be.i]8 • A member of Citizens Against Gated Enclaves(GATE),the neighborhood group that started the long-running suit against Whitley Heights in LA,gave an eloquent and succinct state- ment of opposition,expressing how gated communities are magnifying differences over commonalities,and creating different lasses of citizenship: It says"stay our and it also says,"We are wealthy and you guys are not,and this gate shall establish the difference."'" Conclusion At this point in the research,it is possible to begin offer some initial observations on the three research questions listed earlier in the paper.The final results of the research project will be presented in a book to be published by the Lincoln Institute/Brookings Institution in the late fall of 1995 or early spring 1996. The first of the questions related to how people think about gated communities,and what opinions residents,neighbors,planners,developers,and city governments have of them. What is clear is Chat most people don't think about them,especially in the areas where they are most prevalent.Public debate is not common except in street closure cases.Gated com- munities in Southern California and elsewhere are now part of the cultural landscape, largely taken for granted.Only by journalists and developers have examined them to any degree.The planning profession in general has not yet begun to address the issues sur- rounding gated communities.Residents seem to view gates as one of many amenities cho- sen to fit and reflect their lifestyle and to protect their property values,with fear,exclusion, privacy and prestige as additional motives. The second question involved the behavior of the residents of the gated developments,the degree of community existing in these places,and the extent to which their boundaries and identities define them.We have found very little evidence of strong community inside forti- fied environments,with the possible exception of existing inner-city neighborhoods which have gated themselves off.The interaction which does exist is limited to communication among very similar people.It does not appear that fortified private communities form cohe- sive neighborhoods any more than non-gated private communities.However,there is evi- dence that the physical boundaries are creating real social boundaries and segmenting places,and may thus be contributing to a stronger sense of identification with the place,if not between the people residing there. • • 28 -95 MON 1 7 : 1 R - 37 The third research question addressed the practice of citizenship in the gated communities. The research thus far suggests that residents retain whatever attitudes they brought to their gated enclaves;behavior such as voting patterns,volunteerism,and involvement beyond the gaffes seem not to vary significantly from the general population.If gates appear to be physical manifestations of psychological and social distance from other communities and citizens,it is no greater than in any other homogenous suburban subdivision.Even if the gates are not evidence of extreme social or political isolation,they do privatize common space and have impacts on the surrounding community,but those inside the gated commu- nities do not appear particularly self-examined or thoughtful about the ramifications of their housing choice for others. It is dear that gated communities manifest a number of tensions,between notions of civic re- sponsibility and exclusionary aspirations rooted in fear and protection of privilege;between the trend toward privatization of public services and the ideals of the public good and gen- eral welfare;and between the need for personal and community control of the environment and the dangers of creating outsiders of fellow dtizens. Security is a valid and positive concern for communities,but in few cases is it clear that resi- dents or city officials have considered or tried other means of attaining it.Traffic and crime control are the surface reasons for the trend of fortified communities,but there are other mo- tivations and goals behind it.It appears that we as a nation have given upon the concept of the melting pot,of an inclusionary society.When privatization and exdusion become domi- nant,and neighborhood interconnectedness disappears,we must question whether democ- racy founded on a citizenship and community base remains possible. kar • 29 . JUG—24-9n MOM 1 T : 1 P - 38 trif Notes 1. Waters,Charlie."Home Security:Despite Crime Worries,Most Residents Feel Safe."Los Angeles Times,October 27,1991. E;11. 2. Kershner,Rich."good-drive planner hopes numbers add up."Orange County Register,Oc- tober 31,1991. 3. Penman,Adam."Home Safe Home:Closed Communities Grow_"Boston Globe,March 14,1994. 4. Southworth,Michael,and Eran Ben-Joseph.1993. Regulated Streets:The Evolution of Standards for Suburban Residential Streets.Working Paper No.593. Institute of Urban and Regional Development,University of California at Berkeley_ 5. Stern,Robert A.M.,ed.1981. The Anglo-American Suburb.Architectural Design Profile_ New York:St Martin's Press. 6. Handy,Susan.1991. "Newo-Traditional Development:The Debate."Berkeley Planning Journal,vol.6. (liar 7. Garreau,Joel.1991. Edge City:Life on the New Frontier.New York:Doubleday. 8. Landis,John.1988. The Future of America's Center Cities.Unpulished paper,University of California at Berkeley.And Chinitz,Ben.1991. A Framework for Speculating About Fu- ture Urban Growth Patterns in the United States.Unpublished paper,Lincoln Institute of Land Policy,Cambridge,Massachusetts. 9. Leinberger,Christopher B.1993. Suburbia.Unpublished paper.Robert Charles T ewer& Co. 10. Interview with Marta Borsanyi,Robert Charles Lesser&Company. 11. Interview with Doug Kleine,former research director of the Community Association In- stitute. 12. Weinstock Construction,in Carlton,Jim."Behind the Gate:WaIlling Off the Neighbor- hood Is a Growing Trend."Los Angeles Times,October 8,1989. 1;3. 13. Data from Residential Trends,cited in Carlton,Jim,op.cit. 14. Myers,David W."Today's Home Buyers Older Than in 1970s."Los Angles Times,June 17,1990. K;2. 30 1-11j_-24-95 MON 1 7 = 1 6 L i rtGO I rr I rtis . I .uz a P - 39 15. Kaplan,Andrew I."Gatehouses in Demand at New Housing Complexes."New York Times,May 12,1991. 12;1. 16. Hayes,Charles."City Enclaves:Self-contained Neighborhoods Dominate New Develop- ment"Chicago Tribune,June 12,1993. And Sulski,Jim."Security Is a Safe Way to Sell New Residences."Chicago Tribune,May 6,1989. 3;3. 17. Blackmon,Douglas A.'Well-to-do Say Development Builds Barriers."Atlanta Constitu- tion,December 17,1992. E;1. Royston,Deborah."Home Security Systems Are Growing in Popularity."Atlanta Constitution,July 7,1991- 113. 18. Carlton,Jim,op.cit 19. Allen,J.Linn."Today's Castles:Some Seek Refuge Behind Walls,Gates."Chicago Tri- bune,May 12,1990. Home Guide,Zone C;1. 20. Stewart,Jocelyn."Valley Being Balkanized By Name Changes."Los Angeles Times,Sep- ter 11,1991. B;1. 21. Davis,Mike.1990. City of Quartz:Excavating the Future in Los Angeles.New York:Verso. 22. Massey,Douglas S.and Nancy A.Denton.1993. American Apartheid:Segregation and the Making of the Underclass.Cambridge:Harvard University Press. 23. Hinz,Greg."Moving Violation."Chicago,March 1994. p21. 24. Reardon,Patrick T."Fear,Anger,Regret Ex-Chicagoans Speak Out."Chicago Tribune, November 29,1993. 25. Interview with David Dillon,based on his research in the Dallas area,to be published in Planning,June 1994. 26. Sullivan,Kevin."Folks Find Life at Leisure World Still Busy After All These Years." Washington Past,September 29.1991. B;1. 27. Advertisement in the Chicago Tribune,May 6,1989. 28. Quoted in O'Dell,Johm."Par Excellence:Country Clubs:Orange County Developers Bank on the Growing Demand for Golf Courses."Los Angeles Times,May 12,1991. D;1. 29. Interview with Marta Borsanyi,Robert Charles Lesser&Co. 30. Site visit,March 1994. 31. Quoted in Guterson,David."Home,Safe Home."Lithe Reader,March/April 1993. p.62. 32. Ibid. 33. Site visit,March 1994. 34. Interview with David Dillon. . • 31 f , U1_-24-9s ('1ON 1 T : 1 6 P - 4@ (1100 35. Quoted in Glionna,John M."Hidden Hills Likes Its Politics Out of View."Los Angeles Times,April 11,1994. A;1. 36. Quoted in Jaffe,Ina."Gated Communities Controversy in Los Angeles."AU Things Con- sidered,National Public Radio,August 11,1992. 37. Associated Press."Life Behind Barricades.The New US Community."St.Petersburg Times,February 2,1993. A;1. 38. Quoted in Stallings,Dianne."Hernando County,With Its Reputation for Housing Bar- gains,Is Becoming a Prime Location for a Grand Style of House!'St.Petersburg Times,Octo- ber 4,1987. H;1. 39. Clark,Gary A."City Boys Go West for Change Change:Conner,Bruno Join Forces in Development."St.Louis Post-Dispatch,June 25,1989. p.4. 40. Quoted in Ripley,Jackie."Nature's Way."St.Petersburg Times,July 21,1991. p.9. 41. Quoted in Harpster,David.'Plans for Stagecoach Springs Bounce Along."San Diego Union-Tribune,February 1,1994. B;1. 42. Yost,Walt."Council Pounds the Pavement:Franklin Villa Site of First'Road Show'." Sacramento Bee,August 26,1993. NI. And Editorial."Fenced in at Franklin Villa."Sacra- mento Bee,Mardi 16,1993. Bpi. 43. Sugg,Diana."Small Neighborhood Under Seige:Hopes and Dreams Swept Away By Wave of Drug Dealing,Gun Battles"Sactamento Bee,January 31,1993. B;1. 44. Quoted in Escobar,Gabriel and Patrice Gaines-Carter."A Housing Complex Divided: Anti-Crime Fencing Angers Some Potomac Garden Residents." Washington Post,June 14, 1992. A;1. 45. O'Donnell,Santiago."More Than a Fence:8-Foot Barrier Helped Cut Crime,Instill I-lope at Potomac Gardens!' Washington Post,December 10,1992. DC;1. 46. Corwin,Miles."Low-Income Project Gets Chic Security."Los Angeles Times,March 15, 1992. B;1. 47. Ibid. 48. Quoted in Jaffe,Ina,op.cit. 49. Newman,Oscar.Improving the Viability of Two Dayton Communities_Five Oaks and Dunbar Manor.Great Neck,NY:The Institute for Community Design Analysis,1992. 50. Pertman,Adam,op.cit. 51. Quoted in Kaplan,Andrew I,op.cit. 52. Ibid. 53. Tasker,Fred."Barricades:The Key to Security at Home?Or a Way to Hide from the • 32 / AU1s.-24-95 MON 1 T : 1 T L i nco i n I nst i t ut a R . 41 Problem?"Miami Herald,January 16,1994. )1. 54. Tasker,Fred."Fear Spurs Shorecrest to Puasure Barriers."Miami Herold,January 16, 1994. J4. 55. 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Yost,Walt."Council Pounds the Pavement Franklin Villa Site of First'Road Show'."Sacra- mento Bee,August 26,1993. N1. • 40 • e U —24-5. MON 1 -T : 21 L i nco t o I r-St i 4 Ut a P . 49 . Concentrations of Gated Communities 1 : -,...„,, , r\s 4.4 • \-0".. ..... f .... ' ,), .47:tip. •, ,. , ,... . , , I, 7 [ T— T \ (7: .,,, --,--4,.si „ Los j b ! � / -.,�" � ,a yr 1 O "J:.._be' D % ( N vet 411, •High Concentration O Medium Concentration Low Concentration Figure 1 . 41 t, .4'U}_-24-95 MON 1 7 : 22 L i r-co I n I r',st i t- ut a P _ 50 r i Figure 2 f e Y a sa..., iy I in n90 $Ili j a `Z .fgaj ea=* CON r r t 'tin II" ot Rigi 0 '00 itlial .1 6 ..c 1 Iiiorir4r4 ,.1 - N ___.„, 41,,._,$2..:-...nom-.,/,, it ,. rairP , q r 1 Cl L. • ram.^.'4`y^'• ,. +u „ 1 I4 ;r' t 1 �..1...r - _ `mil ' p. j ,, „:_--------- -.., cii-i,-'tA Ailtril02, ,.4 atnarmar;EL_ ,f,-,,,,, • • , ... - 7-11;iii241) "ILA.77-L-'11.L...1_4/-.•-).'4';.._..c.,:.-..jj. r2E7r 'LT41 . . r �� u fl L. {.. ':... 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