2001-10-02 CC PacketCity of Southlake, Texas
MEMORANDUM
September 28, 2001
TO: Mayor and Councilmembers
FROM: Greg Last, Director of Economic Development
Betsy Boyett, Economic Development Specialist
SUBJECT: Restaurant Report - Findings from the Restaurant Survey
The attached Restaurant Report is a summary of the findings from the restaurant survey we distributed
last fall. The general purpose for the survey was to solicit information and desires that would enhance
our ability to attract restaurants desired by the citizens of Southlake. I think you will observe by the
level of response and the quantity and quality of the responses, that there is considerable interest in
restaurants in Southlake.
Report Structure
• The first four pages (E1-E4) are the Executive Summary and include all information from the
survey in a condensed form.
• The remaining pages (1-36) contain more detailed descriptions of the findings and detailed
breakdowns within each category. These pages also include the exhaustive list of desired
restaurants and general comments.
• A copy of the survey is included on pages 14 and 15.
Purpose of the Survey & Report
• Update demographic data of interest to restaurant site evaluators.
• Analyze existing dining habits and desires of current residents.
• Identify food types desired by citizens.
• Identify particular restaurants desired by citizens.
• Provide brokers, developers, and restaurant site selectors with findings of the survey.
Numbers of Interest
• 7,476 total surveys distributed.
• 988 total responses (13%) - 811 Southlake residents (11%).
• 57 different preferred "food types" were listed.
• Over 600 unique preferred restaurant names were collected.
• Over 360 general comments were collected.
General Observations
• There is great diversity in the comments and desires.
• Comments reflected a general preference for non -chain restaurants.
• Desired restaurant list included many chain restaurants, particularly the higher frequency requests.
• Comments reflected less interest in fast-food services, more interest in family -oriented quality
services.
Contributions
I would like to particularly thank Stefanie Wagoner (ED Specialist), Elyse Wampler (Intern) and Jason
Kinney (Intern) for their hard work in compiling this information over the past year.
Feel free to contact either of us should you have any questions.
GL
cc: Billy Campbell, City Manager
City of Southlake, Texas
MEMORANDUM
September 28, 2001
TO: Honorable Mayor and Members of City Council
FROM: Billy Campbell, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council -Meeting
October 2, 2001.
j Exectltiye Session. An offer has been made on the city -owned residential lots at FM 1709 and Pearson
Lane. We will discuss in more detail in executive session.
Agenda Item No. 4A — 1. Mavor's Report. Vicki Truitt Proclamation. We thought it would be -a. good
idea to have a proclamation recognizing Rep. Vicki Truitt's hard work and performance during the last
two Legislative sessions, and in particular her successful efforts on the Local Option Election change
.� State law. It is our int-_m to present this as a joint proclamation from the City and iiic. 'Suuthiakr,
Chamber of Commerce.
Agenda Item No. 4B — 1. City Manager's Report. Restaurant Report. Recall that the Department of
Economic Development did a survey last fall regarding citizens desires for different types of
restaurants. The attached memo from Greg Last highlights the main points found in the report. Note
that there is an executive summary in the first four pages of the report if you would like to read the
short version. However, there are many interesting details in the report if you have time to read it in its
entirety. Contact Greg if you have any questions.
Agenda Item No 5 A Approval of minutes of the City Council meeting held Sept. 18. 2001. If you
nave any chances to the minutes, please discuss these at the work session or notify Sandy Levrand
prior to the meeting. Sandy will bring the amended minutes to the meeting for your consideration.
Agenda Item No 5b Award of bid to Pipe -Con Inc. for the installation of a water line on Oak Lane.
The FY 00-01 CIP provided for expansion of the Oak Lane water line from the current tivo inches to
eight inches to improve flow and fire protection to the property owners within Oak Hill Addition:.
Ten bids were received on May 9, 2001, with Pipe -Con, Inc. being the lowest qualified bidder. The
bids have been reviewed by Cheatham & Associates and staff, and are tabulated as follows:
Bidder Bid Amount
Pipe -Con, Inc.
S 92,587.00
Allison -Broyles Construction
S 96,468.13
R-Con, Inc.
S 98,343.75
Ragan Excavation
$100,054.00
Stocker Enterprises, Inc.
5115,727.00
FX5 Construction
S 160,455.35
Long Construction
5162,820.00
Rhino Utility Construction
S 163,270.00
H & W Utilities, Inc.
S 166,131.20
Sutton & Associates
S 183,414.20
5200,000 was allocated for the design and construction of this project in the FY 00-01 CLp (Utility
Fund). The cost of design of the water line was 518,950. Staff recommends that $92,587 be allocated
to this project, plus 55,555.22 for project contingencies for a total of $98,142.20. If you have any
questions, contact Pedram Farahnak.
Aizenda Item No._5C. Anvroval of Change Order No. 1 to South Carroll Avenue at FM 1709/Brumlow
at SH 26 contract with SRO Contractors for the construction of South Carroll Avenue along Oak Tree
Estates. The Council awarded the construction contract for Traffic Management Bond Program
(TMB) intersection improvements at South Carroll Avenue/FM 1709 and Brumlow Avenue/SH 26 on
June 5, 2001, to SRO General Contractors, Inc. That construction is now underway.
The FY 99-00 CIP also included construction of half of the ultimate section for South Carroll Avenue
aloe- Oak Tree Estates, and Cheatham & Associates was selected to prepare the construction plans
Because this project partially overlaps the TMB project for South Carroll at FM 1709 (see project
map), it is staffs recommendation that this project be combined by way of change order to the TMB
project. Considerable savings in both cost and time will be realized by consolidating the two projects.
Staff has reviewed the unit price of the previously approved competitive bid to ensure reasonable costs
for each item.
The proposed cost of the change order is $393,62 7 .SO. 5400,000 is available for this project from the
FY1999-00 Capital Improvements program. Contact Pedram Farahnak if you have any questions.
Agenda Item No. 5D. Resolution No. 01-064. Amortization — Hanson/Pioneer Concrete.
The resolution you will be considering for the amortization of the concrete batch plant use on the
property owned by Hanson Aggregate (Resolution #01-064) has not been included in_ your packet.
However, the title of the resolution is on your agenda so that it may be considered at the upcoming
Council meeting. The resolution has been completed by Allen Taylor, but he inadvertently took it with
him on an unrelated trip to Austin preventing his office from sending it to us in -time for the
distribution of the agenda. It will be distributed to you at the Council meeting on_ Tuesday. If you
have any questions, please contact Bruce Payne at 481-2036.
Agenda Item No. 5E. Resolution No. 01-063. Joint Agreement with the City of Colleyville for GIS
Services. This resolution is intended to continue the arrangement that we currently .sharing one of our
GIS analyists (Sunny Lindsey) with Colleyville two days per week. This arrangement has worked well
during the past two years with the positive benefits expected to continue. The sharing cf personnel
reduces GIS-related costs for Southlake while giving Colleyville access to the highly useful mapping
technology that GIS provides. Cost figures associated with the agreement are to remain the same as
the previous two-year period. If you have any questions, please contact Bruce Payne.
Agenda Item No 5F Authorize the Mayor to execute a sanitary sewer easement through park
property. This item allows the Mayor to grant a sanitary sewer easement a City -owned four -acre tract
of land dedicated for park purposes by the developers of Kirkwood Hollow. The sanitary sewer will
serve the Wingate Hill subdivision. Public Works, Engineering and Community Services staff concur
with the easement alignment and recommend approval. It will not affect any future plans for the park
property.
Agenda Item No. 5G. Authorize the Mayor to renew contract with Christmas Decor by Zenith for
holidav lighting. The current contract with Christmas Decor by Zenith allows for two one-year
extensions with mutually agreeable price adjustments. Stuart Marshall, the owner of Christmas Decor,
has submitted new pricing for the upcoming year with a 5.6% increase. The contract includes
installation and removal of lighting for the Town Square parks, pavilion, street trees and Town Hall, as
well as storage costs for the year. Staff recommends approval of the contract in the amount of S28,987
plus a S1,000 contingency to replace burned -out light strands, for a total contract amount of S29,987.
FYI, when the contract was bid last year, three bids were received with the next closest bid being
S30,000 higher than Ciuistmas Decor. Any questions should be directed to Kevin Hugman.
Agenda Item No. 5H. Extending the validity of Case No ZA 99 100 Plat Revision Lot 1R2R
W.` '. Hall No. 695 Addition (Crestwood Offices Phase 2) This plat is located at the northwest
- corner of North Carroll Avenue and East Southlake Boulevard. Plats must be filed of record within
one year of approval. This plat expired on March 21, 2001, and City Council approved an extension to
Sept. 21, 2001, which has also passed. The owner is awaiting approval of a ROW abandonment and
quitclaim on a portion of the old Carroll Avenue alignment and approvals from the franchise utility
companies on the old easements.
The property owner is requesting that the validity of the plat be extended until March 21, 2002. to
allow more time to resolve these issues. Staff has no objections to this request. If you have any
questions regarding this item, contact Bruce Payne.
Agenda Item No. 51. Resolution No. 01-062 Nomination to Board of Directors to the Tarrant
Appraisal District. This Resolution gives Council the opportunity to nominate a member to the Board
of Directors to the Tarrant Appraisal District if they so choose. In the past, Council has not actually
made nominations but cast its votes for a member once the nominations have been made in Tarrant
Count,. According to the Tarrant Appraisal District instructions, each voting unit may nominate one
candidate for each of the five positions to be filled. Council is not required to make any nominations
or may nominate any number up to five. In order to be eligible to serve as directors, nominees must
have resided in the Tarrant Appraisal District for at least two years prior to Jan. 1 2002. They may
serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to
serve as a Director. However, employees of a taxing unit are prohibited from serving as a Director
unless that employee also is an elected official of the governing body. There are other eligibility
requirements that can be forwarded to you if you are interested. The terms of office are two years
beginning January 1, 2002.
By Nov. 15, 2001, each entity will have had the opportunity to vote. Southlake qualifies for thirty-five
votes during this election. Current members of the Board of Directors are:
• Joe Potthoff, Arlington, Chairman
• Tommy Vaughn, Arlington, Secretary
• James Dennis, Fort Worth, Member
• Charles Rogers. Fort Worth, Member
• Mike Davis, Grapevine, Member
• Betsy Price, Fort Worth, Non -Voting Member
If you have questions or wish additional information, contact Sandy LeGrand.
Agenda Item No. 5J. Approval of Residential Developer's Agreement for Kirkwood Hollow. Phase
III. On Sept. 20, the final plat for Kirkwood Hollow Phase III was approved. This phaseis located at
the northeast corner of West Dove Street and Kirkwood Boulevard.
As required by City ordinances, the developer must construct the trail in accordance with the Master
Trail Svstem along the north side of West Dove Street and the west side of White Chapel Boulevard
for the length of the property. The developer plans to construct the trail along the north side of West
Dove Street and wishes to escrow the funds for the construction of the trail along White Chapel
Boulevard, which will be built by the City as part of the Traffic Management Bond Program. The
estimated cost of the trail along White Chapel Boulevard is S22,464. These funds will be used with the
Traffic Management Bond Program funds.
The park fee is satisfied by parkland dedication as part of the previously developed Kirkwood Hollow
Phase II, as approved by the Park Board. The remainder of the developer's agreement is standard. If
you have any questions, contact Pedram Farahnak.
Agenda Item No. 7A. Ordinance No. 480-377 2°d Reading ZA 01-077 Rezoning and Concept Plan
Dilg Place Subdivision. This property is located on the south side of East Southlake Boulevard (FM
1709) approximately 410' east of the proposed Byron Nelson Parkway and directly east of the Villages
at Timarron retail commercial development. This plan proposes seven lots with seven office buildings
totaling approximately 63,500 square foot. Variances are requested for driveway spacing, stacking and
street frontage. All interior lots are proposed to front a common access easement rather than a public or
private street.
The Planning and Zoning Commission recommended approval (5-1) on Sept. 6. allowing the requested
variances. Commissioner Boren cast the. dissenting vote, stating that it was not appropriate adjacent -to
the school. City Council approved (6-0) on first reading Sept. 18, subject to the Concept Plan Review
Summary No. 3, dated Aug. 3, allowing requested variances; providing a 20' buffer yard with
(� evergreen plant material adjacent to school property, and accommodating an east -west access road in
�r the design. If you have any questions regarding this item, please contact Brice Payne.
Agenda Item No. 7B. Ordinance No. 480-378 2nd Reading ZA 01-089 Rezoning and Concept Plan
Dilg Place. This site is associated with the 0-1 zoning and concept plan for Case ZA01-077. Dilg
Place is located in the northwest corner of the overall tract fronting Byron Nelson Parkway:- A 10,000-
square-foot restaurant building is proposed. Variances are requested for driveway spacing and
stacking depth. The Planning and Zoning Commission recommended approval (6-0) on Sept. 6,
allowing the requested variances. City Council approved the first reading (5-1) on Sept. 18, subject to
Concept Plan Review Summary No. 1, dated Aug. 3, allowing the requested variances. If you have
any questions regarding this item, contact Bruce Payne.
Agenda Item No. 8A. Ordinance No. 480-375, l'` Reading ZA 01-078 Rezoninv Lot 10, Block 1,
Southlake Estates. This property is located at the southeast corner of Shady Oaks and Love Henry
Court; current zoning is SF-lA. The applicant is requesting SF-30 on the south 0.79 acres of the 1.85-
acre lot. The purpose is to subdivide the lot to build a home for the owners' son.
The Planning and Zoning Commission approved the request (6-0) on Aug. 23, subject to the Concept
Plan Review. The City Council tabled this item on Sept. 4 and also on Sept. 18 to allow the applicant
to meet with neighbors and investigate whether deed restrictions exist that would prohibit further
subdivision of the property.
A SPIN meeting was held at Town Hall on Sept.12. The majority of those present were not in favor of
the request. The applicant provided staff with a copy of the deed restrictions. Contrary to claims made
during the City Council and SPIN meetings, there are no apparent restrictions regarding lot size or
further subdivision of any lots within the subdivision. The request before you would not appear to
violate the deed restrictions. If you have any questions regarding this item, contact Bruce Payne.
Agenda Item No. 8B. ZA O1-079. Plat Revision Lot 10 Block 1 Southlake Estates. This is the plat
associated with the zoning request for Case ZA01-078 and proposes subdividing a 1.85-acre lot into
two lots, the north lot (facing Love Henry Court) being approximately 1 acre and the south lot (facing
Shady Oaks) being approximately 0.8 acre.
The Planning and Zoning Commission recommended approval on Aug. 23, subject to the plat revision
review summary, adding that the north lot must meet SF -IA district regulations. The plat was tabled at
the request of the applicant on Sept. 4, and Sept. 18 pending the zoning change approval.
As already stated, there are no apparent violations of the deed restrictions associated with this request.
It should also be noted that the City is not precluded from approving any plat that violates deed
restrictions; however, approval of a plat revision does not remove any existing deed restrictions or
covenants in place on a property. A statement specifying this is required on the face of amended plats
and plat revisions in the City of Southlake. If you have any questions regarding this item, contact
Bruce Payne.
Agenda Item No. 8C. Ordinance No. 480-379 1'` Reading ZA 01-091, Rezoning,Tracts 3E2A2,
3E2A4, 3E3A. 3E12, and 3E13. John Childress Heirs Survey, 1.19 acres. The property is located at
3259 Lake Drive. The applicant is requesting a zoning change from AG to SF-iA residential. The
property is located on a private ingress and egress easement rather than a public street. There are
several issues the applicant will need to address prior to issuance of a building permit. The applicant
has been informed of the following:
• The Subdivision Ordinance requires that all residential lots have frontage on a public street.
The property fronts on a private ingress/egress easement extending off of Lake Drive. Currently
it exists as a dirt road. Fire emergency vehicles must have access to the property and have area
to maneuver. Fire lanes shall be designed and maintained to support the imposed loads of fire
apparatus and shall be provided with a surface so as to provide all-weather driving capabilities.
• Adequate water service is not available to the property. If the building requires a fire sprinkler
system or if a fire hydrant is required, the current 2" service line must be upgraded to 8". If
access is more than 10 feet but less than 24 feet wide, a fire hydrant is required within 800 feet
of the residence and an approved residential fire sprinkler system is required. If a minimum
24-foot-wide access is provided, a fire hydrant is required within 800 feet of the residence or an
approved residential fire sprinkler system is required. The existing water lines are too small
and must be updated to current standards and able to support any new hydrants.
• There is no sanitary sewer service extending to the property. The property does have the
minimum 1-acre size for use of a septic system. However, a permit must be obtained from the
Tarrant County Health Department.
• A plat must be approved and either a public street meeting city standards be provided or a
variance be granted by the City Council.
The applicant has submitted a single -lot plat to the city staff for review. If the first reading of this
request is approved, it is anticipated that we will bring a variance request for "street frontage" to the
Council with the second reading.
The Planning and Zoning Commission recommended approval (6-0) on Sept. 6. The City Council
tabled this request on Sept. 18, due to the applicant's not being present at the meeting. If you have any
questions regarding this item, please contact Bruce Payne.
Agenda Item No. 9A. Resolution No. 01-061 Abandonment of utility easements in Simmons
Addition. The final plat for the Simmons Addition was approved on Dec. 7, 2001. The addition is
located east of the intersection of Raintree Drive and Rainforest Court. The final plat includes utility
me
easements to provide for relocation of an existing sanitary sewer line closer to the south propert}- "
to better fit platted residential lots. Utility easements previously have been dedicated to the City by the
owner of Lot 4 of the Simmons Addition and along the alignment of the platted new Simmons Court.
Construction of the new sanitary sewer line in Simmons Addition is now complete and the sanitary
sewer flow has been diverted to the new sanitary sewer line on Lot 4. The developer is requesting that
the City abandon the unnecessary portion of the utility easements on Lot 4 of the Simmons Addition so
that Lot 4 can be developed for a residential structure and abandon the utility easement that, generally,
follows the alignment of Simmons Court, Contact Pedram Farahnak if you have any questions.
Agenda Item No. 10A - E. Approval of Agreement for Community Services with Southlake
Communitv Band, GRACE Arts Council of NorthEast Tarrant County Tarrant Youth Recovery
Campus, and Women's Shelter. These agreements are brought to Council for renewal annually after
approval of the City budget, and stipulate the services to be provided by each organization to the
residents of Southlake. Each request for funding is within the amount approved in the budget line item
for Community Services. Representatives of each organization are expected to be at your work session
to answer any questions you might have. Please contact Kevin Hugman if you have any questions of
staff.
Agenda Item No. 10F. Approval of Interlocal Agreement for funding Teen Court Program with -,he
cities of Southlake. Colleyville Grapevine and CISD
This agenda item relates to the City Council's consideration of approving the FY O1-20 Metroport
Teen Court Interlocal Agreement. Since Oct. 1, 1996, Southlake has participated in sponsoring Teen
Court in conjunction with the City of Grapevine, City of Colleyville and Carroll Independent School
District. The proposed FY 0 1 -02 participation cost for the City of Southlake will be $18,925.
If you have any comments or questions regarding this item, please contact Sharen Elam
Agenda Item No. IOG. Request for a variance to Sign Ordinance No 704 A for Stan Lev Cleaners
located at 2301 W. Southlake Boulevard Suite 100. Danny Hall of Progressive Signs, on behalf of
Stan Ley Cleaners, is proposing two variances to Sign Ordinance 704-A
One primary sign facing Davis Blvd. has been permitted for this business. Requested variances are:
• Installation of a second primary sign, facing Southlake Boulevard, with over -sized lettering. A
second sign is allowed under the ordinance and is allowed 12-inch letters since it is less than
100 feet from the R.O.W. The request is for 18-inch letters, a 50 percent increase.
• The installation of a third sign on the rear of the building facing the Wendy's restaurant. No
more than two attached signs are allowed on a single premise according to code.
Contact Rick Black if you have any questions or comments.
Agenda Item No. _IOH. Request for a variance to Sign Ordinance No 704 for Burger King located
at 125 N. Kimball Avenue. Mike Ortego of Burger King is proposing the placement of two logo signs
on the Burger King restaurant located at 125 N. Kimball Ave. The signs are flat circular logos ( not
three dimensional) showing the words "Burger King" between two halves of a hamburger bun
encircled by a curved accent feature. The first logo is six feet in diameter and would be attached to the
west side of the building, replacing the existing legally sized letter sign. The west side of the building
has a street frontage R.O.W. setback of 31.5 feet. This setback allows for 12-inch letter or logo height
under ordinance, which is the size of the existing signs lettering. `
The second logo is four feet in diameter and would be placed on the north side of the building where
there is no street frontage. The number of signs allowed under ordinance is one sign per street
frontage. The Burger King only has street frontage along North Kimball: Avenue.
Staff Note: Similar height issues were addressed in the past with McDonald's and Chic-fil-A. Chic-
fil-A was approved for a large C written in script as a part of its logo. McDonald's was denied an over-
sized loco attached to its building.
Contact Rick Black if you have any questions or comments.
OTHER ITEMS OF INTEREST
Relief Effort Fund-raising. On Saturday, Sept. 29, officers and staff from Southlake and area agencies
will be collecting donations to assist with relief for Fire and Police personnel lost Sept. 11 in New
York City. Our location will be Fountain Place within Town Square from 11 a.m. through 3 p.m. If
three people from each division would VOLUNTEER their time, if only for a couple hours, then we
will be able to meet our objective without effecting on -duty personnel. No one person would not have
to be there for the whole time, but it would be nice to have all of the divisions present.
TMRS 5-year Employee Vesting Benefit. Beginning January 1, 2002, the TMRS vesting period will
statutorily drop from 10 years to five years. That means employees will be permitted to keep the City-
, contributed funds toward their retirement in half the time currently required. Cities are allowed to opt
out of this provision if they do not wish to extend this benefit to their employees. The City of
Southlake currently matches employees' deposits (7% of annual gross) on a two -to -one basis. The
following items should be considered as we determine our position on this issue:
Pros
Five-year vesting attracts employees. By offering a benefit that repays five years of
service, the City can attract younger employees who might not yet be set on a career path,
as well as experienced workers who might be pursuing a new career later in life.
Five-vear vesting is a competitive benefit for the City of Southlake to offer. Private sector
retirement programs are required to offer five-year vesting (or seven-year full vesting that
allows partial vesting at three years). Most public employees in Texas also are in programs
that of er five-year vesting.
i Five-vear vesting follows pension policy trends. Five-year vesting meets the needs of a
more mobile work force, follows the lead of federal law for private sector employers, and
works well in conjunction with other types of retirement savings programs an employee is
likely to participate in throughout a career.
Cons
While offering a shorter vesting could possibly lead to employees leaving the City of
Southlake sooner than under a 10-year vesting period,. .these employees also would be
leaving at a lower salary level.
Offering this benefit will increase the City's contribution rate from 10.92% to 11.04% of payroll, a
difference of 0.12% of total annual payroll that equates to an annual cost of S 14,088.58.
To see what other cities are doing, please refer to the attached survey. If you have any questions,
contact Harold Cates.
Also attached to my memo:
• Sales Tax Report
• ANIS
• Kudos (hard copy only)
BC
Staff Extension Numbers:
Black, Rick, DPS Director, 481-2406
Campbell, Billy, City Manager, 481-1409
Cates, Harold, Human Resources Director, 481-1952
Eaglen, John, Assistant to the City Manager, 481-1433
Elam, Sharen, Finance Director, 481-1713
Farahnak, Pedram, Public Works Director, 481-2308
Hugman, Kevin, Director of Community Services, 481-1527
Jackson, Malcolm, Chief of Building Services, 481-5543
Kunke, James, Public Information Officer, 481-1456
Last, Greg, Director of Economic Development, 481-1671
LeGrand, Sandra, City Secretary, 481-1519
Patine, Bruce, Planning Director, 481-2036
Thomas, Charlie, City Engineer, 481- 2175
Yel ��erton. Shana, .lssistant City Manager, 481-1429
CITY OF SOUTHLAKE
1 % SALES TAX REPORT
2000-01
collected
budget
balance
budget
to date
balance
Percent
$ 4.500.000
4 264 072
235 927
FISCAL
FISCAL
FISCAL
MONTH
YEAR
98-99
Inc
-Dec
YEAR
% Inc
YEAR
% Inc
99-00
-Dec
00-01
-Dec
October
$310,767
31.0%
310,517
°
-0.1 /0
393,031
26.6%
November
206,887
6.8%
300,330
45.2%
323,691
7.8%
December
188,493
15.0%
251,264
33.3%
325,233
29.4%
January
313,831
17.8%
353,616
12.7%
519,763
47.0%
February
199,573
18.2%
271,605
36.1 %
302,112
11.2%
March
194,635
21.5%
240,577
23.6%
289,383
20.3%
April
311,919
44.9%
365,598
17.2%
466,914
27.7%
May
257,679
18.3%
296,420
15.0%
373,445
26.0%
June
249,323
24.5%
300,786
20.6%
422,110
40.3%
July
346,698
26.5%
381,766
10.1%
472,351
23.7%
August
245,730
9.6%
307,797
25.3%
376,038
22.2%
September
242.010
20.9%
303,520
25.4%
-100.0%
TOTAL
$3,067,546
21.6%
$3,683,796
$4,264,072
Revised
Month
Actual
1999-00
Budget
2000-01
Actual
2000-01
Estimated
(budget-est.)
%
2000-01
Difference
Change
October
November
$ 310,517
$393,031
$393,031
$393,031
$ -
0.00%
December
300,330
251,264
323,691
325,233
323,691
325,233
323,691
325,233
-
0.00%
January
February
353,616
271,605
519,763
519,763
519,763
0.00%
0.00%
March
240,577
302,112
289,383
302,112
289,383
302,112
289,383
0.00%
April
May
365,598
296,420
466,914
466,914
466,914
0.00%
0.00%
June
373,445
373,445
373,445
0.00%
July
300,786
381,766
415,500
410,399
422,110
422,110
6,610
2.26%
August
307,797
342,724
472,351
376,038
472,351
376,038
61,952
33,314
16.07%
11.67%
September
303,520
_ 337,804
337,804
-
$ 3,683,796 $ 4,500,000 $ 4,264,072 $ 4,601,877 $ 101,877
24.92%
AGENDA MANAGEMENT SCHEDULE - Draft Date: 9/28/01 4:20 PM
City Council Meeting— Oct. 16, 2001
City Council Meeting— November 5, 2001
Park Board Report — Frank Cornish
Consent:
Consent:
I. Minutes
2. FUA Southlake Lacrosse Assn. — KH
3. Naming of new City parks — KH
l . Minutes
4. Award of bid for trails -Bicentennial & Smith Parks — KH
2. CCPD IA w/COS to administer election - SKY
5. Library Meeting Room Use Policy — KH
3. FUA for SL Baseball Association, '
6. Approval of Library Code of Conduct Policy Revision — KH/lc
4• FUA for Grapevine-SL Soccer Assn
7. Accepting Tarrant County certification of signatures — SIG
5. FUA for SL Girls Softball Assn
8. Calling Election —SIG
6. IA w/ CISD for CIS football field
9. Authorize the Mayor to execute a commercial developer's agreement for
7. Revisions to IA for Joint Use facilities
Gumm Scifres Addition (South Village Center Drive).-PF
10. Approval to have single regular City Council meetings in November and
December (or January)
2 "d Reading & Public Hearing & Related Items:
2 "d Reading & Public Hearing & Related Items:
l . ZAO1-091, Z, Lake Drive
2. ZA01-078, ZC, L-I0,13-1, Southlake Estates
I. ZAOI-082, Z&CP, L 6R2, Cimmaron Acres (denied by P&Z 7-0)
3. ZAO1-099, PP, Autumn Glen Estates
2. Ord No. abandoning a portion of the public ROW for Crooked Lane w/n
the Comer —stone Plaza Add.-PF
4. ZAOI-100 Rev. SP, Woodland Hills Exch Bldg
3. Ord. No. _, Correcting spelling, Nolan Drive - BP
1st Reading & Related Items:
1st Reading & Related Items:
I. ZAO1-082, Z&CP, L 6R2, Cimmaron Acres (denied by P&Z 7-0)
2. Ord No. _ abandoning a portion of the public ROW for Crooked Lane
w/n the Comerstone Plaza Add.-PF
3. Ord. No. _, Correcting spelling, Nolan Drive - PF
Resolutions:
Resolutions:
I . Res#01-060, consider an amendment of the Master Thoroughfare Plan
I,
Map to include the ext of Kirkwood Blvd. From Dove R to Kimball Ave -
KBaker
Consider:
Consider:
I. Agreement for Community Services with MMOW, CARS, MHMR, KSB,
Sister Cities - KH
2. Tennis Center RFP specifications — KH
Discuss:
Discuss:
I.
Executive Session:
Executive Session:
Potential Work Sessions - Draft: 9/28/01 4:20 PM
Future Council Meetings- Draft: 9/28/01 4:20 PM
Forum:
Economic Development
Tax Abatement Policy - 2"d Quarter 2001
Finance
Multi -Year Financial Plan - 2"d Quarter 2001
Planning
Uniform Development Ordinance - 2"d Quarter 2001
Regulation of Alcohol Sales - 2'd Quarter 2001
Public Safety
DPS West Facility - 2'd Quarter 2001
Operations
Staffing
Opening Date
DPS East Facility - 2"d Quarter 2001
Operations
Staffing
Opening Date
Public Works
Drainage Issues / Federal Regulations - 2"d/3`d Quarter 2001
Stormwater Utility District - 2"d/3`d' Quarter 2001
Other Items
01,
1.
Consent
1. Abndmnt of 15' utility easement on property owned by Explorer (S-7) -
CT
2. Authorize the Mayor to enter into a prof servs agr w/JD Wilson and
Assoc for development of a strategic plan - SKY
3. Auth contract w/SRA for softball complex - KH
4. Renewal of Fort Worth Hazardous Materials Collections Agreement
2nd Reading / Pub Hearing & Related Items:
1st Reading & Related Items:
1. Ord. 483-1, Amendments to Sub Ord No. 483, - Park and Recreation
Dedication Requirements-CC/KH
2.
Resolutions:
1. Res. 99-16, relating to limiting # of zoning applications - from 3/23 CC
mtg - BP
Consider:
1. Adoption of International Codes
Discuss:
1. Land Conservatory District Revisiens to PUP
2. Utility Policies & Standards Ordinance
3. Street Standard Ordinance
4. Ord. 771, Nuisance Ordinance - MJ
5. Ord. No. _, Right of Way Management (City attorney letter date
6/19/2000) - PF
6. Emergency Preparedness Notification Program - RB
7. Revise Landscaped Ordinance to include bufferyards etc. - RB
8. Sign Ordinance Revisions- RB
9. Ordinance Establishing Regulations on Corps' Property- RB
10. Parade and Street Closure Ordinance- RB
11. Substandard Bldg. Ordinance- RB
12. High Grass/Weeds Ordinance revision- RB
13. Residential lighting standards review- RB
14. Mass Gathering Ordinance- RB
15. Elevator Ordinance- RB
16. Tree and Landscape Ordinances- RB
17. E-Court - JK
Executive Session:
City of Southlake, Texas
MEMORANDUM
October 2, 2001
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works
Subject: Award of bid to Pipe Con, Inc. for the construction of water line
improvements in Oak Hill Addition.
Action Requested: City Council consider award the bid to Pipe Con, Inc. for the construction
of water line improvements in Oak Hill Addition.
Background
Information: The FY 2000-2001 CIP provided for Council approved water line
expansion from current two (2) inch to eight (8) inch along Oak Lane to
improve flow and fire protection to the property owners within Oak Hill
Addition.
Ten bids were received on May 9, 2001, with Pipe -Con, Inc. being the low
qualified bidder. The bids have been reviewed by Cheatham & Associates
and City Staff, and are tabulated as follows:
Bidder
Bid Amount
Pipe -Con, Inc.
$ 92,587.00
Allison -Broyles Construction
$ 96,468.13
R-Con, Inc.
$ 98,343.75
Ragan Excavation
$100,054.00
Stocker Enterprises, Inc.
$115,727.00
FX5 Construction
$160,455.35
Long Construction
$162,820.00
Rhino Utility Construction
$163,270.00
H & W Utilities, Inc.
$166,131.20
Sutton & Associates
$183,414.20
Financial
Consideration: $200,000 was allocated for the design and construction of this project in
the FY 00-01 CIP (Utility Fund). The cost of design of the water line was
$18,950. Staff recommends that $92,587.00 be allocated to this project
plus $5555.22 for project contingencies, for a total of $98,142.20.
Citizen Input/
Board Review: The residents will be notified of when the project will start prior to the
beginning of construction.
Legal Review: Not applicable.
Alternatives: Not applicable.
Supporting
Documents: Vicinity Map
Project Map
Staff
Recommendation: Please place on the City Council agenda for October 2, 2001 for Council
consideration and approval. Staff recommends that the bid be awarded to
Pipe -Con, Inc. in the amount of $92,587.00 and in addition $5,555.22 be
approved for project contingencies.
Staff
Contact: Mike Hutchison, E.I.T., Senior Civil Engineer, 481-2361
Charlie Thomas, P.E., City Engineer, 481-2175
Pedram Farahnak, P.E., Director of Public Works, 481-2308
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CITY OF SDUTHLAKE
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City of Southlake, Texas
MEMORANDUM
October 2, 2001
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works
Subject: Change Order No. 1 to the South Carroll at FM 1709/Brumlow at SH 26
contract with SRO General Contractors, Inc. for construction of paving and
water line improvements on South Carroll along Oak Tree Estates.
Action Requested: Consider Change Order No. 1 to the South Carroll at FM 1709/13rumlow
at SH 26 contract with SRO General Contractors, Inc. for construction of
paving and water line improvements on South Carroll along Oak Tree
Estates.
Background
Information: The Council awarded the contract on the construction of Traffic
Management Bond Program (TMB) intersection improvements at South
Carroll Avenue at FM 1709 and Brumlow Avenue at SH 26 on June 5,
2001 to SRO General Contractors, Inc. That construction is now
underway.
The FY 1999-2000 CIP also included the construction of half of the
ultimate section for South Carroll along Oak Tree Estates, and Cheatham
& Associates was selected to prepare the construction plans.
Because of the fact that this project partially overlaps with the TMB
project for South Carroll at FM 1709 (see project map), it is staffs
recommendation that this project be combined by way of change order to
the TMB project. By doing this, considerable savings and time will be
recognized by consolidating the two projects together. Staff has reviewed
the unit prices of the previously approved competitive bid to ensure
reasonable costs for each item.
Financial
Consideration: The proposed cost of the change order is $393,627.80. $400,000 is
available for this project from the FY 99-00 Capital Improvements
program.
Citizen Input/
Board Review: Not applicable.
Legal Review: Not applicable.
Alternatives: Council may require staff to formally bid the Project.
Supporting
Documents: Vicinity Map
Project Map
Staff
Recommendation: Please place on the City Council agenda for October 2, 2001 for Council
consideration and approval.
Staff
Contact: Mike Hutchison, E.I.T., Senior Civil Engineer, 481-2361
Charlie Thomas, P.E., City Engineer, 481-2175
Pedram Farahnak, P.E., Director of Public Works, 481-2308
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RESOLUTION NO.01-063
INTERLOCAL AGREEMENT
FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES
CITY OF SOUTHLAKE AND CITY OF COLLEYVILLE
This Contract and Agreement, entered into the 2 day of October, 2001, by and between
the City of Southlake and the City of Colleyville, municipal corporations herein called
"Cities," the parties acting herein under the authority and pursuant to the terms of
Chapter 791, INTERLOCAL COOPERATION CONTRACTS, Texas Local Government
Code, WITNESSETH THAT:
WHEREAS, the City Councils of the Cities of Southlake and Colleyville jointly
find that it will be in the best interest of the public to enter into this agreement for the
purposes set out herein below,
NOW, THEREFORE, it is mutually agreed between each participating City that:
1. Geographic Information Systems (GIS) is a program funded by the City of
Southlake that allows city staff to interact with a computer software program to ascertain
information that will be used by the city, for city purposes.
2. A full-time staff person known as a GIS Analyst will spend two (2) days
per week (sixteen (16) hours) building, preparing, and analyzing information provided
by the City of Colleyville.
The anticipated duties of the GIS Analyst for the City of Colleyville during year
one (1) are as follows:
• Address and correct any Y2K issues concerning GIS software and
associated hardware.
• Data conversion of parcel landbase that includes geocoding the parcel
with the Tarrant Appraisal District (TAD) account number.
• Develop City of Colleyville / Chamber of Commerce mapping system.
Page 1 of 4
• Update the current landbase to include new subdivisions and property
splits that have occurred over the past two (2) years.
• Convert 2000 TAD database files into GIS format to be used with the
parcel files.
• Code parcels with zoning information.
• Code parcels with land use information.
• Prepare zoning, land use, and thoroughfare maps.
• Setup ArcView Buffering Program for zoning cases.
• Prepare miscellaneous City Council exhibits.
The anticipated duties of the GIS Analyst for the City of Colleyville during year
two (2) are as follows:
• Convert city infrastructure files in Carte' Graph to Arc/Info and
ArcView format.
• Update city infrastructure files: water, sanitary sewer, storm drain,
sign, roads, and bridges.
• Build Emergency 911 block range files with situs addresses.
• Build trails and various park maps.
• Update parcel information to include the year 2001 certified tax roll.
• Prepare miscellaneous City Council exhibits.
3. The City of Southlake shall employee the GIS Analyst to administer and
coordinate the activities for the Colleyville GIS project. The GIS Analyst will provide a
monthly progress report to the City of Colleyville Director of Public Services that will
include digital updates.
Page 2 of 4
4. The City of Colleyville shall contribute $22,000 plus the cost of supplies,
(not to exceed $4,000 per year) to the City of Southlake. The City of Colleyville will pay
$22,000 by October 29, 2001 of year one (1) and $22,000 by October 31, 2002 in year
two (2). The City of Colleyville agrees to pay any overtime costs at a rate of time and
one-half the hourly wage of the GIS Analyst for any time exceeding 16 hours per week
attributable to the City of Colleyville projects or meetings. This time, if any, will be
invoiced bi-weekly to the City of Colleyville. Costs associated with supplies will be
billed or invoiced directly to the City of Colleyville.
5. This contract and agreement shall be for the period of two (2) years
beginning October 1, 2001.
Passed and approved by the City Council of the City of Southlake, Texas this
the day of 12001.
ATTEST:
Sandra L. LeGrand
City Secretary
Approved as to form and legality:
City Attorney
City of Southlake, Texas
Page 3 of 4
Mayor Rick Stacy
Passed and approved by the City Council of the City of Southlake, Texas this
the day of , 2001.
ATTEST:
Cynthia Singleton
City Secretary
Approved as to form and legality:
City Attorney
City of Colleyville, Texas
Page 4 of 4
Mayor Donna Arp
City of Southlake, Texas
MEMORANDUM
September 27, 2001
TO: Billy Campbell, City Manager
FROM: Kevin Hugman, Director of Community Services (ext. 1527)
Charlie Thomas, City Engineer (ext. 2175)
SUBJECT: Authorize the Mayor to Execute a Sanitary Sewer Easement on Park
Property
Action Requested: Authorize the Mayor to execute a sanitary sewer easement on
park property.
Background
Information: The City of Southlake obtained a roughly 4-acre parcel of land
through the park dedication requirements of the Kirkwood
Hollow Ph. II development. The area is oblong -shaped along N.
White Chapel, and it serves as the eastern terminus area of a
linear park area along the creek dedicated by the Sabre
development. It is heavily wooded and has areas of significant
topography. No specific plans exist for this park other than those
for a nature trail from N. White Chapel over to the extension of
Kirkwood Blvd. The area has always been assumed to be one of
mainly passive use and to not require the construction of
habitable structures since it is in the floodplain.
Through the review of utility construction plans submitted for the
Wingate Hill subdivision, it became apparent that the original
route chosen for the sanitary sewer connection was not ideal. It
ran from the east side of N. White Chapel, under the road,
through existing utility easements, and over to the connection in
Kirkwood Hollow and was overly circuitous, running through
areas that were heavily treed. By realigning the connection
through the city park parcel, far less construction area was
needed and no trees would need to be removed.
Both the Engineering and Community Services departments have
reviewed the alignment and easement documents and are
completely satisfied that it is the preferred alternative. The
easement on the park parcel will not affect any future plans for
the site, other than offering a sanitary sewer connection within
the parcel at no cost to the city.
Billy Campbell, City Manager
September 27, 2001
Page 2
Financial
Considerations: Indirect financial considerations only: availability of sewer
in parcel; consideration paid by easement grantee.
Citizen Input/
Board Review: Not applicable.
Legal Review: Easement document based on standard utility easement
language. Easement has been sent to the City Attorneys
with this packet for review.
Alternatives: All alternative alignments result in substantially more
environmental damage.
Supporting
Documents: Copy of the proposed sanitary sewer easement and
exhibits.
Staff
Recommendation: City Council authorization for the Mayor to execute a
sanitary sewer easement on park property.
CITY OF SOUTHLAKE
SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That, The CITY OF SOUTHLAKE, home rule municipal corporation of the
County of Tarrant, State of Texas, acting by and through the undersigned, its duly
authorized agent, GRANTOR herein, for and in consideration of the sum of Ten
($10.00) Dollars and other good and valuable consideration in hand paid by the
CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant,
State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby
acknowledged and confessed, do hereby grant, sell and convey unto the said
GRANTEE a permanent and perpetual easement for the purpose of installing,
repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and
operating sanitary sewer facilities in, into, upon, over, across, under and through
all that land in Tarrant County, Texas described as follows, to -wit:
A 10 foot wide Permanent Sanitary sewer Easement containing
approximately 0.084 acres, as more particularly described in Exhibit
"A" and shown on Exhibit "B" attached hereto and incorporated
herein.
together with the right of ingress and egress as necessary for such purposes.
GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs,
representatives, successors and assigns shall at no time erect, place or
construct, or cause to be erected, placed or constructed in, into, upon, over,
across or under any easements granted herein any temporary or permanent
structures, and it is further agreed that GRANTEE shall have the right to excavate
and fill upon said permanent easement and to remove from said permanent
easement, any fences, buildings or other obstructions as may now be found upon
said permanent easement.
It is further intended that the Permanent Sanitary sewer Easement herein
granted to the GRANTEE shall run with the land and forever be a right in and to
the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and
said grant is expressly excepted from any right of reversion of said premises
under any prior deeds in GRANTOR's chain of title. The Sanitary sewer
Easement, rights and privileges granted therein are exclusive, and GRANTOR
covenants that it will not convey any other easement or conflicting rights within
the area covered by the grant to any other person.
Additionally, GRANTOR does hereby grant, sell and convey to GRANTEE a
contiguous temporary construction easement for a period of one (1) year for the
purpose of installing utilities in
the above described permanent easement, said temporary construction easement
being described as follows:
A 50-foot wide Temporary Construction Easement immediately
adjacent to the above -described permanent easement, as more
particularly described in Exhibit "A" and shown on Exhibit "B"
attached hereto and incorporated herein.
The temporary construction easement shall include the right to excavate
and fill upon the temporary easement, but GRANTEE shall replace any fences or
other fixtures upon the temporary easement without cost to GRANTOR, and shall
restore the property which is subject to the temporary easement as closely as
possible to its condition prior to entry thereon.
TO HAVE AND TO HOLD the above described permanent easement with the
right of ingress and egress thereto, together with all and singular the rights and
appurtenances thereto in any wise belonging unto GRANTEE, its successors and
assigns, forever, and the above described temporary construction easement for
the term described, and GRANTOR does hereby bind himself, his heirs,
successors and assigns to warrant and forever defend, all and singular, the said
premises unto the GRANTEE its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed this day of
City of Southlake
2
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for said County, Texas, on
this day personally appeared , known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was executed for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
My Commission Expires:
Notary Public in and for
The State of Texas
Typed or Printed Name of Notary
M
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this
dedication instrument dated the day of , 2001, from
subject to all terms and conditions contained therein by resolution of the City
Council adopted the _ day of , and the City Council
has consented to recordation of such dedication instrument by its duly
authorized officer.
Dated:
Mayor, City of Southlake
ATTEST:
City Secretary
AFTER FILING, PLEASE RETURN TO:
City of Southlake
Valerie Bradley
1400 Main Street, Suite 320
Southlake, Texas 76092
Phone: 817.481-2342
Fax: 817.481.2097
4
EXHIBIT A
Being a 10' wide strip of land located in Lot 30, Block 1, Kirkwood Hollow Phase II, an
addition to the City of Southlake, Tarrant County, Texas according to the plat recorded
in Cabinet A, Slide 6045, Plat Records, Tarrant County, Texas. Said 10' wide strip of
land being more particularly described by metes and bounds as follows.
COMMENCING at a point at the most Easterly Southeast corner of said Lot 30, said
point being the Northeast comer of Lot 34, Block 2, Kirkwood Hollow Phase I, an
addition to the City of Southlake, Tarrant County, Texas according to the plat recorded
in Cabinet A, Slide 4537, Plat Records, Tarrant County, Texas, said point lying in the
West Right -Of -Way of North White Chapel Road;
THENCE along said West Right -Of -Way as follows:
1. N 34002'05" W, a distance of 146.56 feet to a 5/8" iron rod found stamped "Huitt-
Zollars" at the beginning of a curve to the left;
2. Northwesterly along said curve to the left having a radius of 2009.60 feet, arc
length of 380.23 feet, delta angle of 10°50'27", a chord bearing of N 39°24'56" W, and a
chord length of 379.66 feet to a point;
3. N 4004710" W, a distance of 162.21 feet to the point of BEGINNING;
THENCE S 51 *11'10" W, a distance of 161.03 feet to a point;
THENCE N 84017'51" W, a distance of 206.23 feet to a point, from which a 5/8" iron rod
stamped "Huitt-Zollars" bears S 64°23'07" E, 160.38 feet at an angle point in the North
line of Lot 14, in said Block 1;
THENCE along a non tangent curve to the right having a radius of 665.00 feet, arc
length of 10.23 feet, delta angle of 0°52'52", a chord bearing of N 06°23'58" W, and a
chord length of 10.23 feet to a point;
THENCE S 84017'51" E, a distance of 204.28 feet to a point;
THENCE N 51011'10" E, a distance of 156.60 feet to a point, lying in said West Right -
Of -Way of North White Chapel Road;
THENCE S 4004543" E, a distance of 10.01 feet along said West Right -Of -Way to the
point of beginning; and containing 3,641 square feet of land.
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MEMORANDUM
TO:
FROM:
SUBJECT:
September 26, 2001
Billy Campbell, City Manager
Kevin Hugman, Director of Community Services (ext. 1527)
Renewal of contract with Christmas Decor by Zenith for installation of
holiday lighting at Town Hall and adjoining public areas
Action Requested: City Council approval to renew the contract with Christmas Decor by
Zenith for installation of holiday lighting at Town Hall and adjoining public
areas for an amount of $28,987, plus contingency ($1,000) for the
replacement of burned out light strands.
Background
Information: With the completion of Town Square in 1999, the City began planning for
the installation of holiday lights in the Town Square park and public areas.
The City entered into an agreement with Christmas Decor by Zenith in
October of 1999 for the purchase and installation of the holiday lighting
and decorations. The lighting and decorations were extremely popular
with citizens and provided an aesthetically pleasing backdrop for the City's
holiday celebration.
In 2000 the new Town Hall building was completed and appropriate
holiday lighting specifications were developed and included with the
previously developed specifications for the surrounding public areas.
Christmas Decor by Zenith was low bidder on the project ($34,682) and
in October of 2000 was awarded a one year contract by the City with the
opportunity for two additional one year renewals. Additional renewals
allow for mutually agreed on price adjustments if submitted to the City
sixty (60) days prior to the end of the current contract.
Staff contacted Christmas Decor by Zenith regarding their interest in
renewing the contract for a second year. In May of 2001, Christmas
Decor submitted to the City their revised installation and storage costs.
No purchase costs were included as all of the necessary holiday
decorations have been already been acquired.
Christmas Decor by Zenith has been the installer of the holiday lights for
all of Town Square for the past two years and has provided quality
service to the City and to Cooper and Stebbins. They have also
completed other holiday lighting projects for private developments in
Flower Mound and Irving. All lighting and decorations are to be
Billy Campbell, City Manager
September 26, 2001
Page 2
installed by November 16, 2001 and removed within one week after
January 1, 2001.
Financial
Consideration: The fiscal year 2001/02 budget allocates $88,000 for Special Projects
which includes holiday lighting and decorations for public areas in Town
Square and Town Hall. Christmas Decor by Zenith submitted a cost of
$28,987 for installation and storage. This is an increase of approximately
5.6% over the previous year ($27,356).
Citizen Input/
Board Review: Not applicable.
Legal Review: Renewal of previously reviewed standard form of agreement.
Alternatives: City Council discussion and input.
Supporting
Documents: Supporting documents include the following:
■ Copy of the renewal letter with Christmas Decor by Zenith
Staff
Recommendation: City Council approval to renew the contract with Christmas Decor by
Zenith for installation of holiday lighting at Town Hall and adjoining public
areas for an amount of $28,987, plus contingency ($1,000) for the
replacement of burned out light strands, for a total cost not to exceed
$29,987.
October 3, 2001
Christmas Decor by Zenith
ATTN: Mr. Stuart Marshall
P.O. Box 710547
Dallas, Texas 75371-0547
Dear Mr. Marshall:
The City of Southlake would like to renew the contract for the installation of
holiday decorations for the public areas in Town Square currently in effect with
Christmas Decor by Zenith through October 3, 2001. Per Item Number
Seventeen (17) of the INSTRUCTIONS TO BIDDERS section of the Contract,
this renewal would be effective October 3, 2001 for a twelve (12) month period
through October 3, 2002. Cost adjustments as submitted by you to the City on
May 14, 2001, for the services to be provided through this Contract have been
included as an attachment.
With acceptance of this Contract renewal for the 2001-2002 season, the
conditions and requirements of the 2000-2001 Contract will continue.
Any questions regarding the renewal and transfer of this contract should be
addressed to me at (817) 481-1543.
Sincerely,
Steve Polasek
Deputy Director of Community Services
Acceptance:
Stuart Marshall
Christmas Decor by Zenith
Date
ATTACHMENT "A"
Fiscal Year 2001/02
'
Description and Quality
Materials
Labor
Total
ITEM #1 - Tree Lighting
1.
Park Area 24 trees on perimeter of park with 600
lights per tree.
N/A
$2,304
$2,304
2.
Park Area 12 large trees in center of park with
1,000 lights per tree.
N/A
$1,920
$1,920
3.
Gazebo Area 14 trees on perimeter of gazebo with
600lights per tree.
N/A
$1,344
$1,344
4.
Sidewalks 44 trees total on sidewalks with 1,000 to
1,400 lights per tree.
N/A
$8,448
$8,448
ITEM 92 - Pavilion Lighting
1.
Install icicle lights hung from two (2) levels all around
gazebo.
N/A
$450
$450
2.
Install lighted garland swaged on railing all around with red
and green lights.
N/A
$500
$500
3.
Install 4,000 red lights in right-of-way closest to the water.
N/A
$1,050*
$1,050
see
4.
Install 3,500 green lights in second right-of-way.
N/A
above*
--
see
5.
Install 3,000green lights in third right-of-way.
N/A
above*
---
ITEM #3 Christmas Tree Decorations
1.
Decorate and light outdoor Christmas tree.
N/A
$1,250
$1,250
ITEM #4 Tree Town Hall Lighting
1.
24 trees total on sidewalks with 1,000 to 1,400
lights per tree
N/A
$5,376
$5,376
ITEM #5 Town Hall Lighting
1.
Install parapet lighting on lower level on four
sides of building w/ C-9 lights
N/A
$750
$750
2.
Install icicle lights on upper metal roof on all
four sides of building
N/A
$900
$900
3.
Install lighted garland on four columns at south
entrance
N/A
$800
$800
4.
Install lighted garland swaged on upper balcony
railing
N/A
$175
$175
5.
Install lighted garland swaged on four small
balconies on front of building
N/A
$320
$320
6.
Install wreaths on four small balconies on front
of building
N/A
$225
$225
7.
Install lights on second floor arched windows
and window detail on south side of building
N/A
$1,000
$1,000
8.
Install three large wreaths on north side of
building
N/A
$175
$175
Ell
ITEM #6 Removal and Storage
Removal and Storage of lights and decorations.
N/A $2,000 $2,000
GRAND TOTAL (Also, Include Total Quote on Cover Page) $28,987 $28,987
MEMORANDUM
September 28, 2001
TO: Billy Campbell, City Manager
FROM: Bruce Payne, Planning Director
CASE NO: ZA 99-100
SUBJECT: Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat
Expiration), as amended, Extending the Validity of Case No. ZA 99-100, Plat
Revision -Lot 1R211, W.W. Hall No. 695 Addition (Crestwood Offices Ph. 2)
On March 21, 2000 the City Council approved the above referenced plat. This plat has not yet been
filed in the County Plat Records and expired on March 21, 2001. The City Council approved an
extension until September 21, 2001, which has passed. The applicant is awaiting approval of an
abandonment ordinance and quit claim on a section of prescriptive right-of-way along the old N.
Carroll Avenue alignment and approval signatures from the franchise utility companies. The owner,
Greenway Investment Company, has requested that the validity of this plat be extended until March
21, 2001 (6 months) to allow to allow more time to complete the noted issues. Because this plat has
expired, a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483, as amended, (shown below)
will be required if the extension is to be granted.
72. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing
which has not been recorded in the County Plat Records within one year of the
date of approval shall expire. "
A letter from Greenway Investment Company, a location map and a reduced copy of the plat is
attached for your convenience.
Please place this item on the next Council agenda for their consideration.
attached: Letter requesting variance
Location Map
Reduction of the plat
NACommunity Development\WP-FILES\MEMO\99CASES\99-100PE.doc
Greenway Investment Company
Commercial Real Estate Investments
2301 Cedar Springs Road, Suite 400
Dallas, Texas 75201 Telephone: 214.8
Fax: 214.890.0.01880188
&Mail: gtemway@onramp.net
September 17, 2001
Mr. Dennis Killough
Senior Planner
City of Southlake
1400 Main Street, Suite 310
Southlake, Texas 76092
Re: Requested Filing Deadline Extension
Case No. ZA 99-I00
Plat Revision for Lot IR2-1, WW Hall No. 695 Addition (Crestwood Office Park)
Dear Mr. Killough:
We are providing this letter to request a second extension of the filing deadline for the referenced plat revision. Due to
issues related to the abandonment of franchise utility easements on this property, and more importantly the quitclaim of
Old North Carroll Avenue prescriptive right-of-way (which we understand the City is currently coordinating), we do
not believe the plat should be filed at this time. As you know, the Amended Plat for Lots 1&2, Block 9 — Southlake
Town Square (reviewed by City staff), which will impact the recording information shown on this re -plat, is pending
the referenced right-of-way quitclaim
The Southlake City Council approved the plat revision on March 21, 2000, The City previously granted a filing
deadline extension of six months to September 21, 2001. We request that the deadline be extended further by six
months to March 21, 2002 to allow the City sufficient time to complete the referenced quitclaim as well as to allow for
the filing of the Amended Plat prior to the Re-plaL
If you have any questions, please call me at (214) 880-9009 or Mr. David Smith P.E. with Graham Associates at (817)
640-8535.
Sincerely,
Greenway-Southlake OHP
L.P.
Tommy Pigg
V ice President f the Gr
The undersigned consents to the requested extension for filing of the plat:
Southlake Venture West, L.P.
By: Cooper & Stebbins, L.P.
its agent 1 25M
Wp SEP 2
By:
Frank L. Bliss
Executive Vice President
Page 1
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Page 3
MEMORANDUM
September 28, 2001
TO: City Manager Billy Campbell
FROM: City Secretary Sandra L. LeGrand
SUBJECT: Resolution No. 01-062, Nominations to Board of Directors to the
Tarrant Appraisal District.
Action Requested: City Council consideration for approval of Resolution No. 01-062,
if they choose to submit nominations to the Tarrant Appraisal
District.
Background
Information: Resolution No. 01-062 is on the agenda to give Council the
opportunity to nominate a member to the Board of Directors to the
Tarrant Appraisal District if they so choose. In past years,
Southlake Council has not actually made nominations but cast their
votes for a member once the nominations have been made by other
entities in Tarrant County. According to the Tarrant Appraisal
District instructions, each voting unit may nominate one candidate
for each of the five positions to be filled. In order to be eligible to
serve as directors, the nominees must have resided in the Tarrant
County District for at least two years prior to January 2002. They
may serve on the governing body of a taxing unit in the Tarrant
Appraisal Distract and still be eligible to serve as Director. There
is other eligibility requirements, which can be forwarded to you if
you are interested. The terms of office are two years beginning
January 1, 2002. By November 15, 2001, each entity will have the
opportunity to vote, in which Southlake qualifies for thirty-five
(35) votes during this election.
Financial
Consideration: n/a
Citizen Input/
Board Review: n/a
Legal Review: n/a
Alternatives: Not to make nominations at this time but have the opportunity to
vote on those people nominated by other cities in Tarrant County.
RESOLUTION NO. 01-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, NOMINATING MEMBERS TO THE
TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the terms of service for the five members of the Tarrant Appraisal District
Board of Directors will expire on December 31, 2001; and,
WHEREAS, this is the opportunity for the City Council of the City of Southlake, to
nominate one candidate for each of the five positions to be filled; and,
WHEREAS, in order to be eligible to serve as directors, the candidates must meet the
guidelines set out by the Tarrant Appraisal District;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, 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. That the City Council of the City of Southlake hereby nominates the
following to the Tarrant Appraisal District Board of Directors for two year terms.
Section 3. This resolution shall become effective from and after the date of its
passage.
PASSED AND APPROVED THIS THE 2" DAY OF OCTOBER 2001.
Mayor Rick Stacy
ATTEST:
Sandra L. LeGrand
City Secretary
NACity Secretary\Resolutions\RESOLUTION No. 01-062.doc
City of Southlake, Texas
MEMORANDUM
October 2, 2001
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works, 481-2308
Subject: Authorize the Mayor to execute a residential developer's agreement
for Kirkwood Hollow Phase III.
Action Requested: Authorize the Mayor to execute a residential developer's agreement
for Kirkwood Hollow Phase III, a 29.46 acre, 49 lot subdivision.
Background
Information: On September 20, 2001, the final plat for Kirkwood Hollow Phase
III was approved. Kirkwood Hollow Phase III is located at the
northeast corner of West Dove Street and Kirkwood Boulevard.
As a requirement of the City's ordinances, the developer must
construct the trail per the Master Trail System along the north side
of West Dove Street and the west side of Whites Chapel Boulevard
for the length of the property. The developer plans to constrict the
trail along the north side of West Dove Street and wishes to escrow
the funds for the construction of the trail along Whites Chapel
Boulevard. The trail along Whites Chapel Boulevard will be
constructed by the City as part of the Traffic Management Bond
Program. The estimated cost of the trail along Whites Chapel
Boulevard is $22,464.00. These funds will be used with the
Traffic Management Bond Program funds.
The park fee is satisfied by park land dedication as part of the
previously developed, Kirkwood Hollow Phase II as approved by
the Park Board. The remainder of the developer's agreement is the
standard with no changes.
Financial
Consideration: The developer will escrow $22,464.00 for the trail along Whites
Chapel Boulevard adjacent to Kirkwood Hollow Phase III.
Citizen Input/
Board Review: Park Board approved park land dedication to satisfy Park Fee.
Legal Review:
Alternatives: The City Council may approve it, deny it or modify it.
Supporting
Documents: Agreement
Plat Exhibit
Location Map
Staff
Recommendation: Please place on the City Council agenda for October 4, 2001 for
Council consideration and approval.
Staff
Contact: Charlie Thomas, P.E., City Engineer, 481-2175
Pedram Farahnak, P.E., Director of Public Works, 481-2308
PF/kw
Vicinity Flap
Kirkwood Hollow Phase III
1000 0 1000 2000 3000 Feet
O
11
RESIDENTIAL 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 hereinafter referred to as the
"Addition" to the City of Southlake, Tarrant County, Texas, 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 49 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 Addition completed as rapidly as possible,
the City agrees to release 10% of the lots, 4, 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 with street names are
in place. Temporary all-weather metal signs securely fastened in
the ground are acceptable until permanent street signs are
installed. The Developer recognizes that the remaining building
permits or Certificates of Occupancy for residential dwellings will
not be issued until the supporting public works infrastructure
including permanent street signs with block numbers and regulatory
signs within the Addition have been accepted by the City. This will
serve as an incentive to the Developer to see that all remaining
items are completed.
Residential Developer Agreement
1
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.
Each request for reduction or payment of escrow funds must be
accompanied by lien release(s) executed by all subcontractors
and/or suppliers prior to the release of escrow funds or reduction in
value of the account. Performance and payment bond, Letters of
Credit or cash escrow from the prime contractor(s) or other entity
reasonably acceptable to the City, hereinafter referred to as
Contractor, will be acceptable in lieu of Developer's obligations
specified above.
D. The Developer agrees to furnish to the City maintenance bonds,
letters of credit or cash escrow amounting to 20% of the cost of
construction of underground utilities and 50% of the construction
cost for paving. These maintenance bonds, letters 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 Addition. 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.
If the Developer chooses to construct bar ditches in lieu of curb and
gutter, and the City approved the design and grade of bar ditches,
Developer understands and agrees to provide maintenance on the
bar ditches for a period of two years from the date of acceptance of
the Addition. Maintenance includes trash and debris cleanup,
mowing, and erosion control.
Residential Developer Agreement
2
E. Until the performance and payment bonds, Letters of Credit or cash
escrow required in Paragraph C have 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 the City, title to all facilities and improvements
mentioned hereinabove shall be vested in the City and Developer
hereby relinquishes any right, title or interest in and to said facilities
or any part thereof. It is further understood and agreed that until
the City accepts such improvements, the City shall have no liability
or responsibility in connection with any such facilities. Acceptance
of the facilities shall occur at such time that the 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 phase and based on actual bid
construction cost;
C. Trench testing (95% Standard);
d. The additional charge for inspections during Saturday,
Sunday, holidays, and after normal working hours;
e. Any charges for re -testing as a result of failed tests;
Residential Developer Agreement
3
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 acceptance 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
Addition 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 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
regardless of such company's authorization to do business in
Texas. Approval by the City shall not be unreasonably withheld or
delayed.
Residential Developer Agreement
4
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 released 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
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, released by the Director of Public Works, and made part
of the final plat as approved by the Planning and Zoning
Commission. 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.
Residential Developer Agreement
5
D. STREETS
1. The street construction in the Addition shall conform to the
requirements in accordance with plans and specifications to
be prepared by the Developer's engineer and released by
the Director of Public Works. Streets will be installed in
accordance with the plans and specifications to be prepared
by the Developer's engineer and released by the Director of
Public Works.
2. The Developer will be responsible for:
a. Installation and two year operation cost of street
lights, which is payable to the City prior to final
acceptance of the Addition; or an agreement with
utility provider stating that no charge will be made for
street lights for the two-year duration.
b. Installation of all street signs designating the names
of the streets inside the Addition, said signs to be of a
type, size, color and design standard generally
employed by the Developer and approved by the City
in accordance with City ordinances.
C. Installation of all regulatory signs recommended
based upon the Manual of Uniform Traffic Control
Devices as prepared by the Developer's engineer by
an engineering study or direction by the Director of
Public Works. It is understood that Developer may
put in signage having unique architectural features,
however, should the signs be moved or destroyed by
any means the City is only responsible for
replacement of standard signage.
3. All street improvements will be subject to inspection and
approval by the City. No work will begin on any street
included herein prior to complying with the requirements
contained elsewhere in this Agreement. All water, sanitary
sewer, and storm drainage utilities which are anticipated to
be installed within the street or within the street right-of-way
will be completed prior to the commencement of street
construction on the specific section of street in which the
utility improvements have been placed or for which they are
programmed. It is understood by and between the
Developer and the City that this requirement is aimed at
Residential Developer Agreement
6
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.
E. 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 released 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. In the event that
certain sewer 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.
F. 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 Addition. 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 by paid to the City prior to acceptance of the
Addition.
Residential Developer Agreement
7
G. 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.
H. 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 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
the City against all such claims and demands.
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 to be stamped
"Released for Construction" by the Director of Public Works
must be submitted.
3. All fees required to be paid to the City.
4. Developer Agreement must be executed.
Residential Developer Agreement
8
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. Developer or contractor shall furnish to the City a
list of all subcontractors and suppliers, which will be
providing greater than a $1,000 value to the Addition.
III. GENERAL PROVISIONS
A. INDEMNIFICATION
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND
DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, (INCLUDING, WITHOUT LIMITATION,
REASONABLE FEES AND EXPENSES OF ATTORNEYS,
EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER
BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY,
ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL
ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID
INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY
ACCEPTS THE ADDITION.
DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS
OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS
OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR
OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR
OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES.
B. Venue of any action brought hereunder shall be in Fort Worth,
Tarrant County, Texas.
Residential Developer Agreement
9
C. Approval by the Director of Public Works 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
Director of Public Works 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 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 herein, 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.
Residential Developer Agreement
10
F. Work performed under the Agreement shall be completed within
two (2) years from the date thereof. In the event the work is not
completed within the two (2) year period, the City may, at its
election, draw on the performance bond, Letter of Credit, or other
security provided by Developer and complete such work at
Developer's expense, provided however, that if the construction
under this Agreement shall have started within the two (2) year
period, the City may agree to renew the Agreement with such
renewed Agreement to be in compliance with the City policies in
effect at that time.
G. The City is an exempt organization under Section 151.309, Tax
Code, and the facilities constructed under this Agreement will be
dedicated to public use and accepted by the City upon
acknowledgement by the City of completion under Paragraph 1.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.
H. Prior to final acceptance of the Addition, the Developer shall
provide to the City three (3) copies of Record Drawings of the
Addition, showing the facilities as actually constructed.
Residential Developer Agreement
11
V
r�
I. Such drawings will be stamped and signed by a registered
professional civil engineer. In addition, the Developer shall provide
electronic files showing the plan and profile of the sanitary sewer,
storm drain, roadway and waterline; all lot lines, and tie in to the
state Plane Coordinate System.
IV. OTHER ISSUES
A. OFF -SITE DRAINAGE
B. OFF -SITE WATER
C. PARK FEES
D. TREE PRESERVATION ORDINANCE
All construction activities shall meet the requirements of the Tree
Preservation Ordinance No. 585-A.
E. Hike and Bike Trails
Residential Developer Agreement
12
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: Soutfi[ale, KW=1II,ftLd
An
Title: Dale Cla ; Pres�den ;.V�la'r en CtarC i e e[o mein' errecaC F?artrier. ,
Address:
STATE OF
COUNTY OF
On , before me, ,
Notary Public, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument, the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
CITY OF SOUTHLAKE, TEXAS
in
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
Residential Developer Agreement
13
REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
1. The Letter of Credit must have a duration of at least one year.
2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit must be issued by a bank that has a minimum capital
ratio of six percent (6%), 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 Letter of Credit 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 Letter of
Credit.
9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at
least 30 days prior to the expiration date on the Letter of Credit held by the
City.
Residential Developer Agreement
14
City of Southlake, Texas
MEMORANDUM
June 9, 1999
TO: Charlie Thomas, Deputy Director of Engineering Services
FROM: Kevin Hugman, Director of Community Services
SUBJECT: Park Dedication Requirements — Kirkwood Hollow, Phase III
At its June 7, 1999 meeting, the Parks and Recreation Board considered the park dedication
requirements for Kirkwood Hollow Phase III, a residential development. The proposal approved
by the Parks and Recreation Board includes the following items:
■ Dedication to the City as public land of natural and unmaintained open space totaling
1.02 acres.
■ The developer is carrying over 1.76 acres of excess acreage (4.05 acres) from the
dedication from Kirkwood Hollow Phase II, which was approved by the Parks and
Recreation Board contingent upon no alterations to the platting in Phase III.
The Parks and Recreation Board voted 5-3 to accept the proposed park land dedication for this
development. Please contact me if you have any further questions.
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City of Southlake
• ' Department of Planning
STAFF REPORT
September 28, 2001
CASE NO: ZA01-077
PROJECT: Pecan Acres "04" Zoning Change
REQUEST: On behalf of James W. Baker, Drews Realty Investments is requesting approval of
a zoning change and concept plan.
ACTION NEEDED: Consider second reading for zoning change and concept plan request.
ATTACHMENTS: (A)
Background Information
(B)
Vicinity Map
(C)
Plans and Support Information
(D)
Concept Plan Review Summary
(E)
Developer Comments
(F)
Surrounding Property Owner Map
(G)
Surrounding Property Owner's Responses
(H)
Ordinance No. 480-377
(I)
Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ben Bryner (481-2086)
Case No.
ZA01-077
BACKGROUND INFORMATION
OWNER: James W. Baker
APPLICANT: Drews Realty Investments
PURPOSE: The purpose of this request is to receive a zoning change and concept plan
approval for office development.
PROPERTY SITUATION: This property is located on the south side of East Southlake Boulevard (FM
1709) approximately 410' east of the proposed Byron Nelson Parkway.
HISTORY: -July 3, 1979 City Council approved a Plat Showing for two lots on 25
acres of land.
-February 22, 1984 City Council approved a Plat Revision for a subdivision
of Lot 2 into three lots.
LEGAL DESCRIPTION: This property is legally described as being a portion of Lots 2A and 2B, and
Lot C, Block 1, Dilg Place Subdivision, being 8.023 acres.
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: "SF -IA" Single Family Residential
REQUESTED ZONING: "O-1" Office District
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The MTP recommends Southlake Blvd to have 130' of right-of-way.
Adequate R.O.W. exists for this road.
Existing Area Road Network and Conditions
The proposed site will have one (1) right-in/right-out access onto E.
Southlake Blvd. The right-in/right-out drive lines up with Foxborough
Drive across E. Southlake Blvd. Common access drives are shown to
connect into the property to the west for access to Byron Nelson Pkwy and
to the office development to the east for access to a full access driveway.
E. Southlake Blvd is a five lane, undivided thoroughfare with a
continuous, two-way, center left turn lane. The roadway will ultimately
be widened to a seven lane roadway. Adequate R.O.W. has been
dedicated.
Case No. Attachment A
ZA01-077 Page 1
WATER & SEWER:
ESTIMATED IMPACT
(aw FEES*:
P&Z ACTION:
May, 2001 traffic counts on F.M. 1709 (between Carroll Ave. and
Byron Nelson Pk
24hr
West Bound (WB) (23,281
East Bound (EB) (21,176
WB
Peak A.M. 1,220 11-12 a.m.
Peak P.M. 2,168 5-6 p.m.
EB
Peak A.M. 2,057 7 - 8 a.m.
Peak P.M. 1,292 12-1 p.m.
Traffic Impact
Use
Sq. Ft.
Vtpd*
AM-
IN
AM-
OUT
PM -IN
PM -
OUT
Office
63,500
699
87
12
16
79
Pathways Master Plan
The Southlake Pathways Master Plan recommends an eight (8) foot paved,
multi -use trail along the south side of E. Southlake Blvd. The Plan also
proposes a natural, multi -use trail along the west side of the development.
The natural trail will connect into S. Carroll Avenue near Continental
Boulevard.
A 10" and an 8" sanitary sewer line exist on either side of the property. 12"
water line runs along the south side of E. Southlake Blvd.
Water
$41,633.54
assumes 7 - 2" simple meters
Wastewater
$25,944.58
assumes 7 - 2" simple meters
Roadway
$51,000.66
assumes general office
* Final Impact Fees are determined by the Building Services Department at the time of building
permit issuance. The fees shown above only represent estimates prepared by the Planning Department.
August 9, 2001; Approved to Table (6-0) to the August 23, 2001, Planning
and Zoning Commission Meeting.
August 23, 2001; Approved to Table (6-0) to the September 6, 2001,
Planning and Zoning Commission Meeting.
September 6, 2001; Approved (5-1) subject to Concept Plan Review
Summary No. 3, dated August 3, 2001, allowing requested variances.
CITY COUNCIL ACTION: September 18, 2001; Approved first reading (6-0) subject to Concept Plan
Review Summary No. 3, dated August 3, 2001, allowing requested variances;
providing a 20' bufferyard with evergreen plant material adjacent to school
property; and accommodating an east -west access road in the design.
Case No.
ZA01-077
Attachment A
Page 2
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated August 3, 2001. The
following variances need council action:
• All lots must have frontage on a public or private street.
• Stacking depth. The stacking depth required for this site is 100'.
• Spacing between drives on F.M. 1709. The minimum spacing is 250'
between a right-in/right-out drive and any other drives on FM 1709 (E.
Southlake Blvd).
Case No. Attachment A
ZA01-077 Page 3
Vicinity Map
Pecan Acres
1000 0 1000 2000 3000 Feet
W
N
S
E
Case No. Attachment B
ZA01-077 Page 1
KM
Kq
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3)4VIHInOG JO "0
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1-0 UOJ NV14 IJ3:)NO'
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Case No. Attachment C
ZA0I-077 Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA01-077 Review No.: Three Date of Review: 08/03/01
Project Name: Concept Plan — Pecan Acres (Dilg Place)
APPLICANT: Drews Realty Group
John Drews
580 Commerce Street, Suite 400
Southlake, TX 76092
PHONE: (817) 251-2258
FAX: (817) 416-8418
ENGINEER: Bury+Partners, DFW, Inc.
Juan J. Vasquez, PE
5310 Harvest Hill Road, Suite 100
Dallas, TX 75024
PHONE: (972) 991-0011
FAX: (972) 991-0278
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/23/01 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 BEN BRYNER AT (817) 481-2086.
1. Show the building line along F.M. 1709 as 50' measured from the property line.
2. Clearly show, with shading or cross -hatches, the bufferyards (5', Type `A') required along Pecan
Creek Court frontage.
(W 3. Common Access Easements must be provided for drives connecting to off -site properties. The
center drive, Pecan Creek Court, must be labeled as a Common Access Easement as well.
4. All lots must have frontage on a public or private street. (A variance has been requested.)
5. The following changes are needed regarding driveways:
a. Provide minimum depth for all points of ingress/egress to the site along FM 1709. The
stacking depth required for this site is 100 feet. The applicant is proposing 39 feet of
stacking depth. (A variance has been requested.)
b. Provide minimum spacing between drives along FM 1709. Label the distances between the
proposed driveway centerline to the nearest existing driveway centerlines off -site in both
directions. The minimum spacing is 250' between the proposed right-in/right-out drive and
other access drives on FM 1709 (E. Southlake Blvd). The proposed drive is 290 feet from
the drive to the east and 209 feet from the drive to the west. The proposed drive will lineup
with Foxborough Drive across FM 1709. (A variance has been requested.)
INFORMATIONAL COMMENTS
Please be mindful that should individual tenants desire to sell alcoholic beverages that a specific use
permit must be processed and approved by the Planning and Zoning Commission and the City
Council.
Case No. Attachment D
ZA01-077 Page 1
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building
(W plans, must be submitted for approval and all required fees must be paid. This may include but not
be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap
Fees, and related Permit Fees.
This review is based on the "0-1" Zoning District Regulations.
This site falls within the applicability of the Corridor Overlay Zone regulations in Section 43, Part
II. Although no review of the following issues is provided with this concept plan, the applicant must
evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted
and approved by the Planning and Zoning Commission and City Council prior to issuance of a
building permit. Note that these issues are only the major areas of site plan review and that the
applicant is responsible for compliance with all site plan requirements:
• Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No.
557, as amended.
• Roof design standards per § 43.13b, Ordinance 480, as amended
• Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended.
• Vertical and horizontal building articulation (required on all building facades) per §43.13d,
Ordinance 480, as amended.
• Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as
amended.
• Spill -over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended.
• Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for
vehicular use must be of an all weather surface material in accordance with the Ordinance
No. 480, as amended.
• Screening as per §39.4, Ordinance 480, as amended.
• Interior landscaping per Landscape Ordinance No. 544.
• Fire lanes must be approved by the City Fire Department.
Case No. Attachment D
ZA01-077 Page 2
Drews Realty Investments
Real Estate Investment and Development
July 1, 2001
City of Southlake
1400 Main Street
Southlake, Texas 76092
Re: Case No. ZA01-077
Ladies and Gentlemen:
The Applicant requests the following variances for the above case:
As the Applicant intends to later further sub -divide the property into
additional lots, we request that the proposed drive from FM1709 that continues south
through the property be considered as sufficient to meet the Subdivision Ordinance
requirement that all lots have frontage on a public or private street (Note: all lots will
have frontage on this drive).
We request that the 100' stacking depth requirement be waived since
this site is being connected to existing drives in the properties to the east and west, the
alignment of which will not allow 100' stacking depth for the proposed drive from
FM 1709.
Per Staffs recommendation, we request a variance for spacing
between the proposed drive on the west in order to line up the drive with one across
the street.
Thank you for your consideration of these requests.
R�C'D fl 21301
c pr. rdg
0701.0ty re CaseNo.ZA01-077
580 Commerce Street. Suite 400 • Southlake, Texas 76092.9113 • 817 251 2258 • metro/817.329.1684 . fax/817.416.8418
Case No. Attachment E
ZA01-077 Pagel
as/311269t 11:21 817-416-8410 W04S REALTV 7MJE5TM PAW 02
Draws ftaft1 Inves ants
Real Estate VwOM bleep WO Dewilopment
Augslgt 31, 2001
I'lawft aril Zoe Caaamisim
City of5outhWm
1400 Maim St=
Southlake, Texas 7602
RE: Update om Card ZAOI.077 and Z01-95
Ladles andGmAle nen:
At the last nxclmg we were asked to addzrnss several ism= print to returning to the Caaamounion
on SgAembcr 6. Thew Wucs included (1) raaeeting with SPIN, (2) dvwx ring ttac fmwbi k of
our and the adjacent land vwner's eoounasrsodttt* the City's ivk krt bnldit a street f*M
Eymn Nelson Parkway. to Carroll Strot:t throuugh both pmptxtics, and (3) look at attmiwlves
to the proapowd driveway on Soulhl;i1w Bouletwd for Poe— CreeL l'wsa
haw bwn handled as SoUows-
SPIT9 M" ier
Last night we met with SPIN to pn=nt our CD apt Platt for their emsk"im. Addicasdng
concerns cgcesW by neiobws who live on Ilse str a with of the ekmartary WIWI (acmes
Iho drainage clw=l send yrboal phygraomOX v►+e agreaa (1) to plead trees among the southt ra
Mrxndy lire ao the hovareowmn will not be looking at ilea beck ofoffice bw'td®gs, (2) to creatc
a ccw.W location away ftom the soutbcm boviWory for dumpsters (if allowed by Ordumice) in
order to redme noise created dwing eolldesk4 end (3) to 00t hvW extaiar 981d4 lhal sly M
south toward their boors ($gala to the "mm allowed by Qrdbo=} Thcsc migbboxs niea
expr+eswd aanaem about the prospective road between Byron Nc an end Cerro& T?v atteet
rcpm5aetetive st W ihcy OU have known wmmhin& would cvc1ually be bust on the sub}eet
ptaperty wins their nwz aoneems being that their view Arad the noise isms be addmwcd wdeo
dcrclopm nt ad~tus* oc+.'rus-
I asues ra4ed by ether citixx" imll sd (1) the a de decwal tb= io be used for 1bc buBdkw in
the &Wopmcstt w%ch 1 explained would be sardlac to that used for the exioliM V91W to
Tmwma pnmject (i;xWbV in " dc�velopm e5tabTiOLing ambitectural controls &r a0 buikfts
to be bd t now or in the futm at Pecan Qwk) sod (2) how mvmV people we am MPOte would
amupy these buMings wko they arc totally &Mt out — I explained we cAkaate a rrs )dmi k of
300 to 350 based an the low-dea tp punt wo have. I balieve these wcM OR Ply iwtes
raiad, an ofwhlrh seemod to be amwcxd io the satisfaction of the citizens in ems. Notr,
there wcx no coma = cq msed about the driveway at 5outblake Boulevard or ft location of
buildings next to the whooba". To muramrixc, a was a very cpnatnzAjve nuctoag with wMal
good suggestions made by the ratixem (such as the wrotsnng trees. dunapster locttlOnj aced
lghtlAg) that We plM to i Whtde in tbC deV4:jOP 9Dt.
58ti eornon.rar Street suits IM Smthiake, Texws 7MOV eT7.251.2258 5ud9 tt.4 rG.ACtB mrtrc�utrt7.32k, 7iR9t
REGO AUG � 12001
Case No. Attachment E
ZA01-077 Page 2
08/31/2801 1121 817-OIS-8418 TREWS REALTY IHVESTM PAGE 03
)naturals and zoltWg{�A11k 9103]
Aught M , 20O1
PW2
Ytond_ygbm tAvrow 14der mad Crrroll
In looking at the &asibor* of that pt6pomd Toad, Charfie Thornm looked at thr proximity of the
exking n%t&= carts on Byron Nckgoo, o wlb and soulbL of the proposed entrance to the Byron
Nelmn to Carrot road, and docrmbcd that their ]Dmtion prevents an additional wzdim cues
bring ra4 t: on Byrom Nelson for rite p mpowl readL Therefore, if the road is built it would breed
to have its Bytnst Nelson aonncctian located approxbzsto)y in the sanse Toeation as the ex?atirtg
x;ght-io]-x�gbd-out driveway on ibc pmperty beta= Tim V fta at Vinton wA the 4dnol
C—Fimatson III Pnopwty")- Assuming this locatim our efq*ws bane boked at what impact a
50-foot r1&-of-way with a ewbed and guncrod aI-foot rued would love on the Ti numn III
Property. In addition, they have looked at the imp= of tine readon the Pecan Creek pwperty,
aaat icttlliy, the additiog of suds a road Wo noose plans neGaaruably re&= tine wable brad on the
Time m IS] Property and resewnaliy impacns the Pecm Creek pTo". This said, if the City
decides un include the proposed mod on the 7hmow Dare Pla1k, wt would be p xp&m d to donate
the right-of-way for the road (and build the road when both projects arc d-vloped) if the City
well work with us *A setback mpircmmu, buffer yards, ew., and give tit oftetthv Impact Fee
Eckel up to the coat of build4 the road. To mzm rorkw, wr are prepared to work with dhc Oty if
it decides it wants this toad he.
1R -bi-Right-Dui Ddvewoy IS SonleLke B uie ..rd
As you may ranm ber during the Public HeArbtg of these casts, Terry Wilkinson cWt$wd his
wmWm to grant a cross-mcm easement so traffic &nV between his property to the east,
Pecan Creek, and llo Viflege at Timarrorr would be i*Vmved. In fhrd=diaw"iom l hod with
Terry, he cxpbk" that bus womgneas to grant this casement was bmW on his assumption that
tho right-i Hi& -out driveway for Fwm Creek would to Wk. Dtirersvigt, bt is not inle�sted its
gmting the ease new. His pwAien is undcrNmxiable 3k= all eastbowA Ps+ M Creek traffic
would 1poly be exiting across hie property if there worn no r*19-our-right-in dnivmsy on the
Pccm Creek property. Attached is a letter how Tury xegmditlg this Tame. We tbao looked at
the: fcasibn'IFty of not having access io Tem)' s property aced not haviatg the n4ht-auk- igjrt-in
&ivcway as pgopoaod. The resuh would be AU traffic kr bade The Village en Taqugtruar and
Pecaat Creek ewermg and exitigg through tbo existing full4n-119bt out *i►wwey nt the cast
Soufl?hke Bouk-md crttrrtrtte to The V00c at TirnaUM We are cxtt=rrely canoerned thm
would result in aA unsaff situatirra bOMILM that dcjv4ew8y (St the of Cuy Coutatil during
Concept Pbn Approval) was built to r mum sprcificat thus retuning in a drive that -
while adcquff* srrv4 The Village at Tanarr4n - was not designed to sccomroodwa traffic
Dow from aril m 1709 for both The Village At T'vnarton and adjWM property.
FQr these reamms, we think it is essential that the right-iA-ri&-ovt driveway be inehWod in the
Pecan Creek developorseet. By bw ing the comhnatoA of the requested right -out -right -in
driveway far Pecan Creels and amcm to Taws fall srnicc drnoway, the majority of traffic
mo,=-em fiom and to Pww Creek would be tnolved east of The Village at 'i rIm 10 a
looatk%g aw is a s3tisr distance from syxoa 74a n then the Viillagr ai T'moarmn driyvvmy. We
see W other practical soi "IM
Case No. Attachment E
ZA01-077 Page 3
06131l2001 11:21 917-416-8410 MEWS REALTY TWES'TM PA*E 04
Pb*** and ZOxA09 Cwaoioaastvou
August 31, 20Ol
age 3
Hopefi►Ily, this update wR1 be helpful to you in prepaaing for the vom hnw6m of the Public
Houring next 'Fbtusday- In the =aminw, please let nee kww if you have any quntions or
CarrurIC�dx
Sin,ca+rlY,
Ja +
1
ca. Terry Wffidt n
0831,PAZ re PC
M AUG � 12001
Case No. Attachment E
ZA01-077 Page 4
H813112091 11: 21 817-416-8418
03133/2"1 09:49 8374ON420
Wyndham Properties, Ltd,
75, _, Souowoh $hot
Sop 136
5 ihWd.TxMaas
lM 7± ums"
IA P) OD-240 PER
AUP1430, 2001
S,wae P►yne
plumirg Rirecoor
City OtSoutblake
DREkGo REALTY IMiESTM PAGE 95
WNWM PXKRrIES RAGE 92
VB. ZAOI-077 Ccmwpt Man Drews Reeky Grw*. inc.
Dw W. ?Ipw;
I owi) the property located east of the abova referatord care. I have reviewed she owgg piste
curmtty prapoJed, •ttd have ho eltimtiom to thu plan. I lave nut wish W, DMWO fad offwod to
great a Cotoomn Aouss Esremmu to my iUg aom6 driveway that is lxated 16 the east of my
build sp. Fkmcvfa du ft tht Avgu st D, pfatutistg end Zoning meeting. I heard some d6wnion
reguft tbo 69rinuio2 of the proposed Rigby in ftht Out Driveway weem to SputVAx Sled.
Ab I Add at the P&Z rwsltirs& I would not be in egraenxru wK 1W plopatal, et I do net believe
CW dd eWq s=n handle tht additoprgl VV'90 #07 would be placed Vp" it,
In iha Pry wnw L4 m August 23, :hat was Sr?ma discuedon regardlaa a piapow to lac i; ■ road
PMM to Swohltlm Sim, ftM Bym ]ddwo Blvd, tads ro Carroll load. I Wien EW road would
aawe two Rao law, >riret it would WOW bMcr acorn to Sooftsks Blvd, at castmlled Ihtenec60mt ,
and m6m Lb4 Moba of driveway rtquetts along SDuNeM Btvd, Sewnd, titit mad would Woo
am sa s bluer besweerr riWO astisl and businett prcprrfim It is mp bjW Ow rt3idwW
dvVelopmeu A&CM to SoutbkAr Blvt is inappropriate, and as traffic laetdatet a this
tharoqlvike, the problomt will aady ad worse. There needs to 6e a tranriiroa between a Bve (soon
to by trvwt INK)10"T4r Ewa re-Ademigi developmem.
At I hm prnvim* tretod= Q I uJI agree to gran Mr Dram a common tufts e.aemm to my
driveway oely if hit pwpesty is granud at laast a Risht In RiSk Out Drireway only SvucMake
BW. WX6 v4I serve the rnocrity of his tarattta. it} [ Wee with the pmrwd roadway betwaea
ByronNeWM RIW and Ctzroll Rotd, and i am +vrilthtg to dumm R.O.W. far gm road.
If you have any quenions or it I can be of any help, pease rvi %et to ea tat
4
L. Wilionaort
REGD AUG 312001
Case No. Attachment E
ZA01-077 Page5
Rv
Surrounding Property Owners
Pecan Acres
Owner
Zoning
Land Use
Acreage
1.
Southlake-Foxborough Ltd
1.
C1
1.
Office Commercial
1.
1.717
2.
Southlake-Foxborough Ltd.
2.
SF20-A
2.
Medium Density Residential
2.
1.531
3.
J. Baker
3.
SF1-A
3.
Medium Density Residential
3.
2.132
4.
W. Rucker
4.
AG
4.
Medium Density Residential
4.
2.96
5.
B. Hayes
5.
AG
5.
Medium Density Residential
5.
3.082
6.
L. Briscoe
6.
AG
6.
Medium Density Residentail
6.
4.2
7.
Carrol Isd
7.
AG
7.
Medium Density Residentail
7.
15.357
8.
Westerra Timmaron Lp
8.
R-PUD
8.
Retail Commercial
8.
2.687
9.
Venus (Drews) Partners V Lp
9.
R-PUD
9.
Retail Commercial
9.
3.933
10.
Joe Baker
10.
SF1-A
10.
Medium Density Residential
10.
4.723
Case No. Attachment F
ZA01-077 Page 1
Surrounding Property Owner Responses
Pecan Acres
NOTICES SENT: Thirteen (13)
RESPONSES: One (1) response was received from within the 200' notification area:
Wyndham Properties, Ltd, 751 E. Southlake Blvd, Suite 130, Southlake, TX,
in favor. (see attached letter)
Case No. Attachment G
ZA01-077 Page 1
nrs,'-s1,`2on: n9:!sl 81 rWvNr7F W PRrPrRT:FT: Navk V:'
Wyndham Fropc i-ties, Ltd.
::��•na-r6•�U
August 30, 2001
Bruce Pavnc
Plaiv3ing Director
City of tioutblakc
Re; LAOI-077 Concept Plant Drews Realty Group, lee
Dear Air. Payne
I own the property located east of the above rc&rcnccd case I have Tcvie'wed the rUncept plan
eurretuly proposed, and have na objedipnS to that plan I hove met with Mr Drcws and offered to
giant a Convnrrn Access FascnKnt to my full access driveway that is located to the cart of my
building& klowcver during the August 23, Planning and Zoning meeting, 11+Sard swne. discussion
regarding the ehmi.tt:uon of the proposed Right in Right (lit Driveway access to Sou thlike Blvd
AS I stated at the P&'L mroming, 1 would TUN be to agtcertad with that pTupusal, as I dv not Wieve
Fey driveway can haWIc The additional traffic that would be pJaced upon it
In the P&Z nteetittg on August 21, there was some discussion regarding a proposal to locate a road
parallel to Southtake Blvd. from $yran 1!2clscut Blvd ease ip CdrToll Road I believe that road wrnild
serve two functions, First it would allow better meccas to Soulhlake Blvd. ai comfdled inicrsoctions.
and reduce the number of driveway requests along SauHake Blvd. Second, this road would also
suvc as a buffer between reek emral and buaintss propertics, It is my belief that residents.]
development adjacent to Southlake Blvd is inappropriate, and its traMC increase sumo this
thoroUghFare, the probkms will only get worse There reeds to be a transnion between a five (9 on
to be seven lane) rnadway and a residential devckypMent.
.4s 1 have previously Stated i) I will agree to wont Mr I.intws. a wnunon access casement to my
driveway only if his property is granted rt leeat a Right In Right Out L?rivcwly omo Soattoake
Blvd. which will serve the makirisy of his Icmnts ii) I agree with the proposed roadway between
Byron Nelson Blvd and Carroll Road, and 1 am willing to donate R 0 W. fire that road
If you have any questions (IT if I can be of any help, please feel free to call me
S sly,
I• wtlkinson
Case No. Attachment G
ZA01-077 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO.480-377
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 LEGALLY
DESCRIBED AS A PORTION OF LOTS 2A AND 2B, AND LOT 2C,
BLOCK 1, DILG PLACE, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 388-174, PAGE 30, PLAT
RECORDS, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 8.023 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A"
SINGLE FAMILY RESIDENTIAL DISTRICT TO "0-1" OFFICE
DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by
the electorate pursuant to Article X1, 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
Case No. Attachment H
ZA01-077 Page 1
WHEREAS, the hereinafter described property is currently zoned as "SF-1A" Single Family
Residential District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
Case No. Attachment H
ZA01-089 Page 2
public necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed,
are called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Case No. Attachment H
ZA01-089 Page 3
Being a portion of Lots 2A and 2B, and Lot 2C, Block 1, Dilg Place, an addition to
the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Volume 388-174, Page 30, Plat Records, Tarrant County, Texas, and being
approximately 8.023 acres, and more fully and completely described in Exhibit "A"
from "SF -IA" Single Family Residential District to "0-1" Office 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
Case No. Attachment H
ZA01-089 Page 4
and with a view of conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
Case No. Attachment H
ZA01-089 Page 5
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 , 2001.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment H
ZA01-089 Page 6
PASSED AND APPROVED on the 2nd reading the day of , 2001.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment H
ZA01-089 Page 7
EXHIBIT "A"
Being a portion of Lots 2A and 2B, and Lot 2C, Block 1, Dilg Place, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-174, Page 30,
Plat Records, Tarrant County, Texas, and being approximately 8.023 acres.
8.023 ACRE TRACT
PROPERTY DESCRIPTION
BEING a 8.023 acre tract of land situated in the Q.W. Knight Survey, Abstract No. 898,
City of Southlake, Tarrant County, Texas and being all of Lot 2-C, Block 1 and a portion
of Lots 2-A and 2-113, Bbck 1, DILG PLACE, an addition to the City of Southlake
described by plat recorded in Volume 388-174, Page 30, Plat Records Tarrant County,
Texas (PRTCT), said 8.023 acre tract of land being more particularly described as
follows:
BEGINNING at a 1/2-inch iron rod with cap stamped "AREA SURVEYORS" found in the
souMeriy right-of-way line of Southlake Boulevard (Farm -to. Market Road No. 1709, a
variable width right-of-way) for the southeast comer of that called 0.078 acre tract of
land described in a deed to the State of Texas recorded in Volume 9913, Page 1993,
Deed Records Tarrani County, Texas, (DRTCT) same being the northeast comer of that
called 1.953 acre tract of land described in deed to Creekside Office Joint Venture
recorded in Votume 13279, Page 554, DRTCT and being in the east line of said Lot 2-113;
THENCE South 18112013" East along the common line of said Lot 2-13 and said 1.963
acre tract of land, a distance of 533,69 feet io a M-inch iron rod found for the southeast
comer of said Lot 2-B same being the northeast comer of said Lot 2-C;
THENCE South 00" 2437` East along the common line of said Lot 2-C and said 1.963
acre tract of land, a distance of 558.63 feet to a fence post found for the southeast
comer of said Lol 2-C and being in a north line of Lot 1, Block 60, TIMARRON
ADDITION, an addition to the City of Southlake described by plat recorded in Gabinet A,
Slide 3674, PRTCT, from which a 112-inch iron rod found bears South 89"52'34" East, a
distanoe of 39.12 feet;
THENCE North 119"5234" West along the common line of said Lot 2-C and said Lot 1,
at a calculated distance of 240.74 feet passing the southwest comer of said Lot 2.0
same being the southeast comer ofsaid Lot 2-A, continuing in all for a total distance of
457.37 feet to a 5/6-inch iron rod found for the southwest corner of said Lot 2-A:
THENCE North 01*01'22' East along the common line of said Lot 2-A and said Lot 1, at
a disianoe of 267.42 feet passing a 518-inch iron rod with cap stamped "CARTER &
BURGESS" found for the southeast corner of Lot 2R, Block 1, TIMARRON ADDITION,
Phase 5, an addition to the City of Southlake described by plat recorded in Cabinet A,
Slide 4395, PRTCT, same being the northeast comer of said Lot 1. continuing along the
common fine of said Lot 2-A and said Lot 2iR at a distance of 567.63 feet passing a 518-
inch iron rod with cap stamped "CARTER & BURGESS" found for the northeast corner
of said Lot 2R same being the southeast comer of Lot 3R of said TIMARRON
•%BP•62%Pf0*0f01 51-WSUnYEY'tuiingt?Ff,C`.RiPTQys WC
Case No. Attachment H
ZA01-089 Page 8
ADDITION, continuing along the oomman line of said Lot 2-A and said Lot 3R, in all for
A total distance of 680.77 feet to a point for comer,
THENCE Norf4'90' 0'W East, a distance of 224.18feet to a point for comer,
THENCE North OV50'26" East, a distance of 183-95 feet to the point of curvature of a
curve to the left having a radius of 70.00 feet;
THENCE northwesterly with said curve to the left through a central angle of 32027'42"
for an arc distance of 39_68 feet. a chord bearing of North 11=23'55" Vilest and a chord
distance of 39.13 feat to the point of tangency;
THENCE North 27°37'16" West a distance of 117,40 feet io the point of curvature of a
curve to the right having a radius of 75Ao feet;
THENCE northwesterly with said curve to the right through central angle of 26"21'28"
for an arc distance of 34.50 feet, a chord bearing of North 14026'32" West and a chord
distance of 34,20 feet to the point of tangency;
THENCE North 011115'48' lVest)a distance of 20-55 feet to a point for comer in the
aforementioned southerly right -of -Way line of Southlake i3oulavard:
THENCE along said southerly right-of-way line the following:
North 891134'26" East, a distance of 1.53 feet to a 5/8-inch iron rod with cap
stamped "BURY+PARTNERS" foundto( corner;
North 87°39'54" East, a distance of 103.32 feet to the POINT OF BEGINNING;
CONTAINING a computer) area of 349.474 square feet or8,023 acres of land,
Case No. Attachment H
ZA01-089 Page 9
EXHIBIT "B"
6VX31 '"NOOD 1WHUY1
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4,3
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2_:, , _C) W", NVIJ 1130NO:)
6YX31 3VY'vilnos .40 ALAALA
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..
IN
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T
Ap PAR m I R
; I : i j
j
Rl
0
FGXBOHOUGH
LANE >1 3,
814
ERE!
t4lq
yy
4M 'f- J,
H.
-7-
Case No. Attachment H
ZA0I-089 Page 10
City of Southlake
Department of PlanninLy
STAFF REPORT
September 28, 2001
CASE NO: ZA01-089
PROJECT: Pecan Acres "C-2" Zoning Change
REQUEST: On behalf of James W. Baker, Drews Realty Investments is requesting approval of
a zoning change and concept plan.
ACTION NEEDED: Consider second reading for zoning change and concept plan request.
ATTACHMENTS: (A)
Background Information
(B)
Vicinity Map
(C)
Plans and Support Information
(D)
Concept Plan Review Summary
(E)
Developer Comments
(F)
Surrounding Property Owner Map
(G)
Surrounding Property Owner's Responses
(H)
Ordinance No. 480-378
(I)
Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ben Bryner (481-2086)
Case No.
ZA01-089
OWNER:
APPLICANT:
BACKGROUND INFORMATION
James W. Baker
Drews Realty Investments
PURPOSE: The purpose of this request is to receive a zoning change and concept plan
approved for the property to "C-2" Local Retail Commercial development on
the property.
PROPERTY SITUATION: This property is located on the south side of East Southlake Boulevard (FM
1709) approximately 410' east of the proposed Byron Nelson Parkway.
HISTORY: -July 3, 1979 City Council approved a Plat Showing for two lots on 25
acres of land.
-February 22, 1984 City Council approved a Plat Revision for a subdivision
of Lot 2 into three lots.
LEGAL DESCRIPTION: This property is legally described as being a portion of Lots 2A and 213, Block
1, Dilg Place Subdivision, being 1.855 acres.
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: "SF -IA" Single Family Residential
REQUESTED ZONING: "C-2" Office District
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The MTP recommends Southlake Blvd to have 130' of right-of-way.
Adequate R.O.W. exists for this road.
Existing Area Road Network and Conditions
The proposed site will have one (1) right-in/right-out access onto E.
Southlake Blvd. The right-in/right-out drive lines up with Foxborough
Drive across E. Southlake Blvd. Common access drives are shown to
connect into the property to the west for access to Byron Nelson Pkwy and
to the office development to the east for access to a full access driveway.
E. Southlake Blvd is a five lane, undivided thoroughfare with a
continuous, two-way, center left turn lane. The roadway will ultimately
be widened to a seven lane roadway. Adequate R.O.W. has been
dedicated.
Case No. Attachment A
ZA01-089 Page 1
WATER & SEWER:
ESTIMATED IMPACT
FEES*:
P&Z ACTION:
May, 2001 traffic counts on F.M. 1709 (between Carroll Ave. and
Byron Nelson Pk
24hr
West Bound (WB) (23,281
East Bound (EB) (21,176
WB
Peak A.M. 1,220 11-12 a.m.
Peak P.M. 2,168 5-6 p.m.
EB
Peak A.M. 2,057 7-8 a.m.
Peak P.M. 1,292 12-1 p.m.
Traffic Impact
Use
Sq. Ft.
Vtpd*
AM -IN
AM-
OUT
PM -IN
PM -
OUT
Restaurant
7,000
630
32
7
39
24
Retail
3,000
122
9
10
9
6
Total
10,000
752
41
17
48
30
Pathways Master Plan
The Southlake Pathways Master Plan recommends an eight (8) foot paved,
multi -use trail along the south side of E. Southlake Blvd. The Plan also
proposes a natural, multi -use trail along the west side of the development.
The natural trail will connect into S. Carroll Avenue near Continental
Boulevard.
A 10" and an 8" sanitary sewer line run along either side of the property. A
12" water line runs along the south side of E. Southlake Blvd.
Water
$11,895.30
assumes 2 - 2" simple meters
Wastewater
$7,412.74
assumes 2 - 2" simple meters
Roadway
$9,040.58
assumes 1- quality restaurant and 1- retail store
* Final Impact Fees are determined by the Building Services Department at the time of building
permit issuance. The fees shown above only represent estimates prepared by the Planning Department.
August 9, 2001; Approved to Table (6-0) to the August 23, 2001, Planning
and Zoning Commission Meeting.
August 23, 2001; Approved to Table (6-0) to the September 6, 2001,
Planning and Zoning Commission Meeting.
September 6, 2001; Approved (6-0) subject to Concept Plan Review
Summary No. 1, dated August 3, 2001, allowing requested variances.
CITY COUNCIL ACTION: September 18, 2001; Approved first reading (5-1) subject to Concept Plan
Review Summary No. 1, dated August 3, 2001, allowing requested variances.
Case No.
ZA01-089
Attachment A
Page 2
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 1, dated August 3, 2001. The
following variances need council action:
• Stacking depth. The stacking depth required this site is 100 feet.
• Spacing between drives on F.M. 1709. The minimum spacing is 250'
between a right-in/right-out drive and any other drives on FM 1709 (E.
Southlake Blvd).
Case No. Attachment A
ZA01-089 Page 3
Vicinity Map
Pecan Acres
1000 0 1000 2000 3000 Feet
W
101
S
E
Case No. Attachment B
ZA01-089 Page 1
S1UUjJLd 11M.-al
SVX11 *XlNnOZ, INV61UVI
3NV1Hin06 30 A110
3OV14 0,110MLS3nO3u DNINOZ SM)
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6YX31 '3)1Y1H-LnOG -40 A10
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-
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0 RtII
roxaO ROUGH 3.
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0,
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11111 lit I
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ig
44
---- -------
Case No. Attachment C
ZA01-089 Page 1
c.
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA01-089 Review No.: One Date of Review: 08/03/01
Project Name: Concept Plan — Pecan Acres (Dilg Place)
APPLICANT: Drews Realty Group
John Drews
580 Commerce Street, Suite 400
Southlake, TX 76092
PHONE: (817) 251-2258
FAX: (817) 416-8418
ENGINEER: Bury+Partners, DFW, Inc.
Juan J. Vasquez, PE
5310 Harvest Hill Road, Suite 100
Dallas, TX 75024
PHONE: (972) 991-0011
FAX: (972) 991-0278
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 07/23/01 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 BEN BRYNER AT (817) 481-2086.
2.
s
4.
Show the building line along F.M. 1709 as 50' measured from the property line.
Clearly show, with shading or cross -hatches, the bufferyards (5', Type `A') required along Pecan
Creek Court frontage.
Common Access Easements must be provided for drives connecting to off -site properties.
The following changes are needed regarding driveways:
a. Provide minimum depth for all points of ingress/egress to the site along FM 1709. The
stacking depth required for this site is 100 feet. The applicant is proposing 39 feet of
stacking depth. (A variance has been requested.)
b. Provide minimum spacing between drives along FM 1709. Label the distances between
the proposed driveway centerline to the nearest existing driveway centerlines off -site in
both directions. The minimum spacing is 250' between the proposed right-in/right-out
drive and other access drives on FM 1709 (E. Southlake Blvd). The proposed drive is
290 feet from the drive to the east and 209 feet from the drive to the west. The proposed
drive will line up with Foxborough Drive across FM 1709. (A variance has been
requested.)
Case No. Attachment D
ZA01-089 Page 1
INFORMATIONAL COMMENTS
(W * The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan,
and building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
* This review is based on the "C-2" Zoning District regulations.
* This site falls within the applicability of the Corridor Overlay Zone regulations in Section 43,
Part II. Although no review of the following issues is provided with this concept plan, the
applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan
must be submitted and approved by the Planning and Zoning Commission and City Council prior
to issuance of a building permit. Note that these issues are only'the major areas of site plan
review and that the applicant is responsible for compliance with all site plan requirements:
• Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance
No. 557, as amended.
• Roof design standards per § 43.13b, Ordinance 480, as amended.
• Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended.
• Vertical and horizontal building articulation (required on all building facades) per
§43.13d, Ordinance 480, as amended.
• Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480,
as amended.
• Spill -over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended.
• Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended
for vehicular use must be of an all weather surface material in accordance with the
Ordinance No. 480, as amended.
• Screening as per §39.4, Ordinance 480, as amended.
• Interior landscaping per Landscape Ordinance No. 544.
• Fire lanes must be approved by the City Fire Department.
Case No. Attachment D
ZA01-089 Page 2
Drews Realty Investments
Real Estate Investment and Development
July 1, 2001
City of Southlake
1400 Main Street
Southlake, Texas 76092
Re: Case No. ZA01-099
Ladies and Gentlemen:
The Applicant requests the following variances for the above case:
We request that the 100' stacking depth requirement be waived since
this site is being connected to exisdng drives in the properties to the east and west, the
alignment of which will not allow 100' stacking depth for the proposed drive from
FM1709.
Per Staffs recommendation, we request a variance for spacing
between the proposed drive on the west in order to line up the drive with one across
the street.
Thank you for your consideration of these requests.
Sincerely
John .
c pr.rdg
0701.0ty re Caseft.ZA01-077
REC'D l _ 0 2 n01
580 Commerce Street, Suite 400 • Southiske, Texas 76092.9113 • 817.251.2258 • metro/817.329.1664 • fax/817.416.8418
Case No. Attachment E
ZA01-089 Page 1
061311269i 11,21 817-416-841& ABM REALTY TNVE5TM PACE 82
Grows Realty investments
Real Estate tmssiment and De"Iopment
August 31, 2001
l'hMileg and %xins Co=lissim
City ofSouddake
1400 I lr A since
Southlaks,'Rym 76092
RE: Update os Casa ZAOI.077 and 7.0149
Ladies rust Gm twwn:
At the last wxdirg we were asked to awvernl issues PdOf to rtiturantg to 1bc C MMiMion
on September & These imucs included (1) meeting with SPIN. (2) detaxiiing the fcawVlit7 of
4W aM the iLdjumt kW gWW:0S tt=Mx WdU4 the City's iidamst in building a street f ca
Ey,mn ?nelson Parkw-&y. to Carroll Street through both pmpattcs, and (3) bok4 at altm atives
to the proposed r*ht-in-dght-Qert "Veway on Soulhlalcc am d for -Pee- Cnlek. T
bavcbocn handled as Follows -
SPIN Mgtdn
Last night we met with SPIN to ynwnt our Co=Vt Platt for their oansidwation. Addresadag
concerns cqxtssed by neiObars who live an the street Wtdh of the elcmart>sry WW1 (acmes
the &tinge circ=l ad xbool pbygr mO), -e Weed (1) to Flame trees dlon$ tbt spud=
prv" lire so the hopoowners will no be looking at life bee* ofofke bul"Wh s. (2) to crew
a cucwAtl location away Emma the southcnt bmxWery for dwWsWm (if a[k wed by Orditurrne} M
order tv red= now crated drying ealWiM and (3) To not instal! extaiar lighting OW shines
south towat+d threar brow" (again to the extort aliowc by Clydixraaoc Th= nctWm also
expressed corrrcra about tl►c ttraspective road between Byron INeWrl uA G`a 09, 77= ae[eet
rcprrsG�e stated ibcy ale have known something would cvl=tunlly be bu0t on tla subject
prolcny with their nufa concerns being that their vitw mid the noise issues be addremcd
dcvclopm wt actually oomm
Issues praised by other cities kwkdcd (1) the architectural tb= to be used £ar the bm7digp in
the dev&pmcrrt wWch 1 cxp6k" would be sknila to that %=4 for the existing Village ■t
7"rrnRa*n project (aaclu bW us as dmlopers estab;isb ambittectma) controls £or A buildings
to be built now or in the f g= at Pecan d vA) and (2) how maW people we amicWe would
oactrpy these buildings wko shey an totally built out — I explained we cabmte a mxi mw 0
300 to 350 based on ibe low-deashy plan wr have. I bolicyo these wtM (19 AnmwY $
ru6ed, an ofwhkh to be answered to the satisferxian of the situ in sty. NDU-,
there were nra amwesm acpressrd about the driveiny at Souiblake Boulevard or the location d
buMfts next to the who bm". T'o =nmariaa, a was a vcry consinztive nvdivag with sewrai
good 9%%ggO$Ww ma& by the dLOCM (such ns the wroernnO trees, dtunl0er toot", and
ligkttinP,} that we glee to i Whrde in the devalopmeat,
680CormnsrwsrreK quits 100, sbmlaka, Texas zeaQ d17.231.225$ b dd?T.A10.8410 nwrrolEl7. ^3.F,�B�
REGO AUG .312001
Case No.
ZA01-089
Attachment E
Page 2
A
ea/31/2881 11:$t 817-415-8418 DREWS REALTY 1WESTM PAGE 03
Case No.
ZA01-089
PWMIUS And VIItD$ 1C1ty
August 31, 2001
Page 2
1900t_Befaeeo 8vrow 111e!R and C31TMU
in lookjag at the fieuibo by of lift proposed road, Chn ie Thomas looked at thr proximity of flat
existing motion cuts on Byron NcboA vomit and loath iDf tibe proposed ermance to the Byron
Nelson to Carroll road, ared docrmir" that tbvir locatitm pmvenls an eedditimW wadian eut's
bkr� made on Byron Nelson for file proposed toad_ Therefore, if the road is built it would bm W
to have its Syron Nclsua oDnnectian located Wproydn*ttly in the setae location as the txitbig
xig]xt-iGG- -out driveway on the property bate= Tbt V&qc at 'l'wmffart aril the Ad mol
C'T molason lli Property"). Assutniug ti 2 localim our engiaetrs baw boked at what impaet a
54-1oot right-of-way wft a ewbed and guncred 3I-foot msd would beve on the Tianarron M
Property. in addition, they have baked at the in4mbW of ibm roo4ion the Pecatl Creek pcoperty-
aasieally, the addhitut of welt a road imo thm pleats urtassuxWy zb&= the ruble land on ft
'i'=m m III Property and mkibn iy impam the Pecans Creek propertp. Thy qeid, if the City
decides io include the proposod road on the 7hmvnb&re Plat, "would be prepared to donate
the right -of --way for the read (and build the road when both projects m v dcMuped) if the City
wM wark with us on Setback requbemmis, buffvr yardx etc., and give in ottettig 1=4ad Fee
Iv W up to the coat of bui fg the road, To m utoa rkw,, we are prepared to work with the Oty xf
it decides it wants this modb4t.
R -ln-R tt-0n1 D o FiPPIMAt Sou
As you may remember during the Public Hearing of these Otis, Terry Wacison exprtSWd hie
wMiWM to grant a crosq.WCM easement so ralfic jDaw between his property to tk Cant,
Feean Creek, and lbo Village at Titoarrore would be ioVmwA- to fhrd=dissu"iom l bad with
Teary, he rxpbkmpd that bat willingness to gnutt ibis mseo&M wsa bawd on bit asaurnption that
the right-irrright-out driv wsip at Pt-m Creek would to baUt. Otherwise, he is not Wtx+ested is
grating the easement, His posavn is undctstzrAlA c sb= 4 ewtboi A Foc6r<t Creek traffic
would iiktl`y be a xiwtg across fa property if there were W right-out-right-h do nway on the
r=va Cmeck property. Attached is a letter home Tarr zeem&n9this issnc. We: tbW iAoked at
the fcasibo y of not having access to 'Kerry's property and not hsvi4tg the right-out-ri,&-in
driveway as pzgm,%W. The mmill would be all traffic kr both The Village at T-vaeamn and
Pecan Creek erm=ng and exiting through tbms existing fullan-right-out dait+ewey of Lire cast
Southlake Houkvwd cian rrce to The Village tit Tremor M We are cxu=wly concerned thaw
would result at art umfe situation. bemnLo ;that driveway (at the rem of City Couaril during
Concept Plmz Appmvl) was built to rrmipmimum spcc"rfcatiococs, gars stuffing in a drk- ay that —
whik aidcquat* mv4 The Vilbigc at Tir noon — was not dosig1tod to accommodate teak
{low ftom and to 170 for both The ViOw at Timarm= and ndjt CeM property.
Far thew r moat, vc think it is esaernial that the rigtt-b dght-otrt driveway be ineWeyd in the
Pecan Oeek devArrert, By bxmg Lhe combirldtit A of the requested right-+o 4411t•in
driveway for PmA Creels and worts to TeWs fall savior driveway, the uusjorrty of traffic
movwiem from and to Pocoo Creek would bt noved exert of Mite Village el T=Wt m fey a
location that is a Mar dilume from Byron Na" than the VOW at T'nmarron drivcvvgy. We
see w other practical sohnir w
FM AUG 'ZiZ601
Attachment E
Page 3
0813112891 11:21 917-416-8418 D7M REALTY TWESTM RAYS 04
Pig OW .ivtig a
August 31, 2001
pMp 3
Hopefully, thli update wil be helpful to you in psepwing for the eomtkR albm of the Pubik
Rowing next 'lbursday. In the mmmime, please let ate k ww if you have any quealians or
oa>nwerix
5inru+cly,
Ja w
l
cc; xerry wulraryan
D831.MZ Fe PC
Case No. Attachment E
ZA01-089 Page 4
M131f2D81 11:21 817-416-8418
09131/2921 09.49 8174882429
Wyndham Properties, Ltd.
16 % S. 300mew bp.a
Suw t30
SOVO u_Tk Moss
te,n 1M8HM
19%'? 460.2420 Pon
Avrm 30, 2001
Haunt, Payne
Plumi q Direcwr
Oity o[southd
DREkG REALTY IMbESiM PAGE 05
WND" PMM- RTIES PAGE 82
Res, ZAOI-077 Ccmwpt FUz Drews Reeky Grout. Inc.
Dew W. pviw;
I own the property located oast of the above red"ers KW cam. I have reviewed tho 4o zqg jAia
cuffentty prapaled, arold hws 140 abiretiom to that plan. T have met wiih I& Drewe and o>%red to
groat a Comown Amm Esaemmu to my t411 soma &ivowsy Yttiet it located to the east of my
building. However du ft die Avg rt 21, Ptamb g and %rnstti m&Miug. I heard coma diswaaioa
regatdirta da ofirinutiga of the prgmocd Rj* is Right Out 11tiveway &Dan to St>WVa4 SJvd.
Aa 19L%d at the P&Z voi ing, I would not be in opwrnent wnp That prop oW. et I do m bdim
M ddv&wap can hatAe the additroF44 V U ft; wwld be plwod qo A.
In ihn F Z immai 6 on August 21, tbcrc was same discussloo mgmdl»g a jnppoW to locate ■ road
paraw V Soutblel v Stud. !foal! Syt+oo Nelson Blvd. east to Carmll Road. I bdinm tint road vrould
Odme two Imaiaer, First h would 40w b Mcr uses to Southisks Blvd. at controlled iMws6ctkxw,
and tedum The imubw of driveway requests along 3outhWw Btvd. Second, this road would also
serve as s bil between residential end business prepWiek It it May bOW tlrsa rOidMUW
der"lopment adjaeens to SoutbMv Blvd. is imppropriste, skid es traP9t: lncsesiee s opg elfin
rhorougltiice, dw problms will udy aA wotfe. Thera needs to to a tmrition between a five (scan
to by sevwt loon) toedw ay end a residemial developQtmm.
As l lwvti prcviaasly stated Q I wal agree to Sma NO Draws a common &cram easatttem to my
driveway o* if bin pcopesty u Smud At larst a Right Ia Rion Out Drpvway omw Sautldabe
Blvd. wluolt Wilk Serve the FAgUity of his taIM90. 4) I ROM veith OW proposed roadway betwee4
Byron Nettoo BW and Clump Road, and l am valtieg to duroat K.O.W. for that road.
If you hove any quettions or if I an be of my help, plensc rcd fret to call bw
.- rG , '
14
L. Willonsort
RECD AUG 317031
Case No. Attachment E
ZA01-089 Page 5
Surrounding Property Owners
Pecan Acres
Owner
Zoning
Land Use
Acreage
1. Southlake-Foxborough Ltd
1.
C1
1.
Office Commercial
1.
1.717
2. Southlake-Foxborough Ltd.
2.
SF20-A
2.
Medium Density Residential
2.
1.531
3. J. Baker
3.
SF1-A
3.
Medium Density Residential
3.
2.132
4. Creekside Office
4.
SP-1
4.
Medium Density Residential
4.
1.963
5. W. Rucker
5.
AG
5.
Medium Density Residential
5.
2.96
6. J. Baker
6.
SF1-A
6.
Medium Density Residential
6.
2.623
7. J. Baker
7.
SF 1-A
7.
Medium Density Residential
7.
4.723
8. Westerra Timman on Lp
8.
R-PUD
8.
Retail Commercial
8.
2.687
9. Venus (Drews) Partners V Lp
9.
R-PUD
9.
Retail Commercial
9.
3.933
Case No. Attachment F
ZA01-089 Page 1
Surrounding Property Owner Responses
Pecan Acres
NOTICES SENT: Six (6)
RESPONSES: None
Case No. Attachment G
ZA01-089 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO.480-378
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 LEGALLY
DESCRIBED AS A PORTION OF LOTS 2A AND 2B, BLOCK 1, DILG
PLACE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 388-174, PAGE 30, PLAT RECORDS, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 1.855 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "C-2"
LOCAL RETAIL COMMERCIAL DISTRICT AS DEPICTED ON
THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by
the electorate pursuant to Article Xl, 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 "SF-lA" Single Family
Case No. Attachment H
ZA01-089 Page I
Residential District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest clearly
Case No. Attachment H
ZA01-089 Page 2
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed,
are called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being a portion of Lots 2A and 2B, Block 1, Dilg Place, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-
Case No. Attachment H
ZA01-089 Page 3
174, Page 30, Plat Records, Tarrant County, Texas, and being approximately 1.855
acres, and more fully and completely described in Exhibit "A" from "SF-1A" Single
Family Residential District to "C-2" Local Retail Commercial 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
Case No. Attachment H
ZA01-089 Page 4
land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Case No. Attachment H
ZA01-089 Page 5
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
MAYOR
ATTEST:
day of , 2001.
CITY SECRETARY
Case No. Attachment H
ZA01-089 Page 6
PASSED AND APPROVED on the 2nd reading the day of , 2001.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment H
ZA01-089 Page 7
EXHIBIT "A"
Being a portion of Lots 2A and 2B, Block 1, Dilg Place, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388-174, Page 30, Plat
Records, Tarrant County, Texas, and being approximately 1.855 acres.
1 .855 ACRE TRACT
PROPERTY DESCRIRTION
BEING a 1,855 acre tract of land situated in the O.W. Knight Survey, Abstract No. 899,
City of Southlake, Tarrant County, Texas and being a portion of Lots 2-A and 2-B. Block
1, DILG PLACE, an addition to the City of Southlake described by plat recorded in
Volume 388-174, Page 30, Plat Records Tarrant County, Texas (DRTCT), said 1.835
Acre tract of land being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod with cap stamped 'AREA SURVEYORS" found In
the southerly right-of-way line of Southlake Boulevard (Farm -to -Market Road No. 1709,
a variable width right-of-way) for the southeast comer of that called 0.078 acne tract of
land described in a deed to the State of Texas recorded in volume 9913, Page 1993,
Dead Records Tarrant County, Texas, (DRTCT) same being the northeast comer of that
called 1.953 acne tract of land described in deed to Creekside Office Joint Venture
recorded in Volume 13279, Page $54, DRTCT and being in the east line of said Lot 2-8;
THENCE South 87°39'54" (Nest along said southerly right-of-way line, a distance of
103,32 feet to a 5d8-inch iron rod with cap stamped Bury+Partners° found for comer;
THENCE South 89"34'2fi' West continuing along said southerly right-of-way line, a
distance of 1.53 feet to the POINT OF BEGINNING;
THENCE South 01615'43" East, a distance of 20,55 feet to the point of curvature of a
curve to the left having a radius of 75.00 feet;
THENCE southessledy with said curve to the left Ihraugh a central angle of 26"21'28"
for an are distance of 34.50 feet, a chord bearing of South 14026'32" East and a chord
distance of 34.20 feat to the point of tangency;
THENCE South 270371 V East, a distance of 117,40 feet to the point of curvature of a
curve to the right having a radius of 70.00 feet
THENCE southeasterly with said curve to the right having through a central angle of
32°2T42" for an arc distance of 39.66 feet, a chord bearing of South 11 23-25" East and
a chord distance of 39.13 feel to the end of said curve;
THENCE South 041150'26' West, a distance of 14!K2�� feet to a point for comer;
THENCE North 90"00'00" West, a distance of 224.18 feet to a point for corner in the
west line of said Lot 2A same being the east line of Lot 3R Block 60, TIMARRON
ADDITION, Phase 5, an addition to the City of Southlake described by plat recorded in
Cabinel A, Slide 4395, DRTCT;
Case No. Attachment H
ZA01-089 Page 8
THENCE North 01"1'22" East along the common line of said Lot 2A and said Lot 313, a
distance of 381,36 feel to a 112-inch iron rod with cap stamped 'BURY+PITTMAN"
found for the northeast comer of said Lot 3-R same being the southwest comer of that
called 0.067 acre tract of land described in dead to the State of Texas recorded in
Volume 9913, Page 19M, DRTCTr and being in the aforementioned southerly right-of-
way line of Southlake Boulevard;
THENCE along said southerly right-of-way line the following:
South 871133'49' East, a distance of 63,34 feet to a Texas Department of
Transportation brass monurnent found for corner;
North 891134'26' East, a distance of 98.47feet to the POINT OF BEGINNING;
CONTAINING a computed area of 80,81D aquarefeet or 1.855 acres of land,
Case No. Attachment H
ZA01-089 Page 9
EXHIBIT "B"
61 ed
6vx31 iiwoo
3,,ivaunog
37110
is3no3:u)vDL s3sn
Z_O , 1-0 WW Nvid Ld3:)No:)
GYX31 'MAYIUMG .40 )-UD
'ON1 'dnowD kiIV3k1 GM3UQ
M. ,
FOX50AOUGH
LANE > F.
W
I'll-' 11y10Qf 11,11i ROW Hill III0 "I Nifl,
Ell
44
O
CJ
V.
Ii
7-
i,7
Case No. Attachment H
ZA01-089 Page 10
I
City of Southlake
• . Department of Planning
` STAFF REPORT
September 28, 2001
CASE NO: ZA01-078
PROJECT: Lot 10, Block 1, Southlake Estates
REQUEST: Phyllis Benton is requesting approval for a zoning change.
ACTION NEEDED: Consider 1"' reading for zoning change and concept plan.
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plan and Support Information
(D) Concept Plan Review
(E) Deed Restrictions Provided By Applicant
(F) Surrounding Property Owner Map
(G) Surrounding Property Owner's Responses
(H) Ordinance No. 480-375
(I) 11 X17 copy of plan (Commission and Council Members Only)
STAFF CONTACT: Ben Bryner (481-2086)
Case No.
ZA01-078
BACKGROUND INFORMATION
OWNER/APPLICANT: Phyllis Benton
PURPOSE: The applicant desires to subdivide her property into two lots. This will
create a lot less than 1-acre in size. The purpose of this request is to
rezone her property in order to build another house.
PROPERTY SITUATION: 615 Love Henry Court
HISTORY: A final plat for the Southlake Estates subdivision was approved by the
City Council on January 25, 1972.
LEGAL DESCRIPTION: Lot 10, Block 1, Southlake Estates, being 1.805 acres.
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "SF -IA" Single Family Residential District
REQUESTED ZONING: "SF-30" Single Family Residential District
P&Z ACTION: August 23, 2001; Approved (6-0) subject to Concept Plan Review
Summary No. 1, dated August 17, 2001.
CITY COUNCIL ACTION: September 4, 2001; Approved to Table (7-0) to the September 18,
2001, City Council Meeting.
September 18, 2001; Approved to Table on Consent (7-0) to the
October 2, 2001, City Council Meeting.
STAFF COMMENTS: A plat revision is being processed concurrently. The plat is included
as the Concept Plat for this rezoning request. Attached is Concept
Plan Review No. 2, dated August 31, 2001.
NACommunity Deve1opment\WP-FILES\MEM0\200Icases\OI-078Z.doc
Case No. Attachment A
ZAOI-078 Page 1
Vicinity Map
Lots 1 O R-1 & 1 a R-2, B I oc k 1
Southlake Estates
1000 0 1000 2000 3000 Feet
W
E
Case No. Attachment B
ZA01-078 Page 1
Case No. Attachment C
ZA01-078 Page 1
PLAN REVIEW SUMMARY
Case No.: ZAOI-078 Review No.: Two Date of Review: 08/31/01
Project Name: Concept Plan — Lots 10R-1 and 10R-2, Block 1, Southlake Estates
APPLICANT: SURVEYOR: A.P. Survey Company
Michael and Phyllis Benton Jim Shaner or David Pollard
615 Love Henry Court 1903 Central Drive, Suite 305
Southlake, TX 76092 Bedford, TX 76021
Phone: (817) 481-2688 Phone: (817) 267-1249
Fax: (817) 831-4336 Fax: (817) 267-0148
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/27/01 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086.
1. Provide a separate metes and bounds description for Lot 1 OR-2.
Informational Comments
* A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject
property from each taxing authority must be provided to the City prior to filing this plat in the
County records. A copy of this information may be obtained from the Tarrant county Tax
Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old
red courthouse). There is a service charge of $10 per account for this certificate. For more
information contact the Assessor/Collector's office at (817) 884-1103.
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
Original signatures and seals will be required on three blackline mylars prior to filing the plat.
Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with
original signatures and seals on each. Mylars will not be accepted if any erasures or original ink,
other than signatures or seals, appear on the plat.
* A Developers Agreement is required prior to construction of any public infrastructure. The
Developer's Agreement for this addition should consider streets, drainage, park dedication
requirements and fees, off -site sewer extensions, off -site drainage and utility easements and
impact fees.
Case No. Attachment D
ZA01-078 Page 1
SEP-19-01 02:37 AM
a
1. PLAT RECORD VOLUME 38$ 75
STATE OF TEXAS J
J
COUNTY OF TARRANT J
KNOW ALL MEN BY THESE PRESENTS:
P. 02
Is
That Love -Henry i Associates, Inc., being the owner. of the followin<
described lots in Southlake Estates, an addition to the City of
Southlake, Tarrant County, Texas, according to the Approved gap to
be recorded in the Map Rscords of Tarrant County, Texas, hereby
place the following restrictions on said lots, same being fully
described as follows:
Lots 1 through 10 in Block 1
The following covenants shall apply to all lots above listed:
A. All of the above described lots shall be known and described
as residential lots. No structures shall be erected on any resi-
dential lot, other than one detached single family dwelling, one
double araum , attached or detached, and suitable barn or sta�STe-
or a mox1mof three horses.
B. No fence or wall shall be erected, placed or altered on any lot
nearer to any street than the minimum set back line.
C. No dwelling shall be permitted on any lot described herein con-
taining less than 2,250 square feet of floor area, exclusive of
porches and stoops, open or closed car ports and garages. Such
square footage is meant to be only that amount of area contained
in the dwelling place.
The exterior walls of the dwelling erected on any lot described
herein shall be at least 60t of brick, brick veneer, stone, stone
veneer. Aluminum and asbestos siding will not be permitted on any
dwelling on any lot herein described.
D. No dwelling shall be located on any lot nearer to the front lot
line nor nearer to the side street line than the minimum set bavk
lines shown on the record plat.
Detached and attached garages and accessory buildings shall not
be nearer to the street line than the set back indicated on the
record plat. For the purpose of these covenants, eaves and steps
shall not be considered as part of a building, provided, however,
that this shall not be construed to permit any portion of a building
on a lot to encroach upon another lot.
L. No dwelling shall be erected or placed on any lot described
herein having a width of less than 60 feet at the minimum set back
line.
Case No. Attachment E
ZA01.078 Page 1
SEP-19-01 02:38 AM P.03
laced or altered on any lot
g, No building shall belerected,
specifications and abplan show
roved Y the
until the construction P uality of workmanship end
ing the location of the structure have been approved stzucCures
Of external design with existing rode
prchitectual Control Connittee as to and finish g
materials, harmonY respect to topographylaced or altered
and as to location with
street than the minimustC back
Inc.
elevation. No fence or wall shall be erect . P
on any lot nearer to any provided in Paragraph
Approval shall be obtained as p composed of Larry r•
COMlttee is cameo Taxis. A
G. The Architectural Brad1A pkin, all of Dallas,
John C. designate a representative to act
Henry. ittee may member of the
majority of the Comm to de-
an
rs challe have the cpwsittee nor its
for it. In the event of death or hall resignation o
committee, the remaining members to any compensation
cignasuccessor.
representativeNeither
shallhbe
entitled an time th+
designatedrfpursuant to this covenant. lithava the pa'
for services performed ma ority of the lots she somber_
then recorded owners of a ie th ee or to r-
through a duly recorded written rsawrftomtthe choe� e
e
ship of the coamittee or to duties.
of its powers and to the public view on
store to it any kind shall be displayed
No sign of any professional sign of not more than ti squthe
are
any lot except one Pt More than five square feet dingadveto 'dYertif
fit, one sign of no signs need by a building
property for sale or rent or so sales period.
the property during construction and ca
als, obreto or other household
ther
H. No animthan horses, dogs+ lot.
pets shall al raised, d or kept on anY
round for
or other waste shall not be kept t for
• l- cep
No lot shall be used or maintained as a dumping g ui nt for
rubbish. Trash, garbage,
containers. All incinerators or other eqin a else
in sanitary or !deposal of such material shall be kept
the storagecondition.
and sanitary Planting which obstructs
ub and six feet abovi the ra
J.
No fence, wall, hedge, or between P sin on any corner lot
waystsl'slls�tp levations itted to rem. lines,
laced or pe tye street boundary
.. { the triangular area for* by
29 feet from the intersect
within eonnecking them at po a rounded property come
and a line case of rty lines extended,
Of the street lines or in the apply anY lot, within 10 f
the intersection of the street at =tipline Mitt tWi hine of
(racesighe line llaitations still aPP
Eton the crtalleytpavement Ib trM shall beP'oav�
driveway distances of such intersections unless
the
Mithin
Case No. Attachment E
ZA01.078 Page 2
SEP-19-01 02:S9 AM P.04
is maintained at sufficient height to prevent obstruction of such
sight lines.
X. Easements or alleys for the installation and maintenance of
utilities and drainage facilities are reserved as shown on the
record plat.
L. No structure of A temporary enaracter, railer, basement, tent,
shack, garage, barn, or other out -building shall be used on any
lot at any time as a residence, whether temporary or permanent.
R. M. All dwellings must be fully electric.
N. No sewage system may serve any dwelling other than an aerobic '
waste water treatment system or a municipally owned sewer system.
V 0. These covenants are to run with the land and shall be binding
on all parties and all persons claiming under them for a period of
30 years from the date these covenants are recorded, after which
time said covenants shall be automatically extended for successive
periods of five years unless an instrument signed by the majority
of the then owners of the lots has been recorded, agreeing to
change said convenants in whole or in part.
P. Enforcement shall be by pro=eedinge.at law or in equity against
any persons or persons violating or attempting to violate any
covenant either to restrain violation or to recover damage.
Q. Invalidation of any of these covenants by judgement or court
order shall in no wise effect any of the other provisions which
shall remain in full force and effect.
EXECUTED this day of , 1972.
LOVE -HENRY i ASSOCIATES, INC.
on on
SUBSCRIBED AND SWORN to before me, the undersigned�uthority, this
day of j►, D. 1972.
�.,,,...
Notary Public and tor
�: • `, = ;iC Tarrant County, Texas.
U. S
Case No. Attachment E
ZA01-078 Page 3
4 ,j ew
n P;
m
E Stiff OF TEXAS )
Kim ILL YEN IT THESE plESE1IS
)UNTt of TAINANI )
INAl LatE•lENlt I ASSOCIATES, INC., loot cans Of tot tulle■ioog destrfaed
eopeelf ti ■It:
Itege 11.13 acre tract of load out at sot L.I.I. lull Sul"IF, ►eel ncl
Ia.116. in the City of SouthUWe, 181180 C&uNly• Teaas, sad stint pact of a
to ogee Batt eoneepod to L.l. NO -All floc N.N. Wll disc &bee in lbtwe 1110,
psle It ,Dead lsc910s, Tareant County, Tots$, and "it paltieulally 0escriled
by acres and bounes as follow
ge11nn1ng at a point IN the east right of my line of County load )I2),
66I.01 leer %&lion one 7641.7 leer ■tst o1 loot noltneasl Celnal Cl Said Nall
Sully,. %a-e point Aging 330.12 ton north IIa the 001ttlren eolotl at a
5 aEle loco of land convoyed to g. Elans Ilea N. NI.ald Itcel ded is Vol'"
4040. page 71. Dees lecotes, latroht County. Tease.
thence Nort% 19*74' East, a distance at 12 A.01 fret 10 an Iran pis tat
c01Nee:
Thenct Keith 0e2S' lest, a 11stanze of 356 1 toot 1e tat sbutheest Coleco
of a IS acre I act eon.ged to IJ. Teuelo.e as eecerdEd in Yu tool Am. Page
Il ). Deed lecne ds, lilting C&onI), Tsus;
Tnlnce WIN 1*21* Welt a distance of IS1.1 to a point let Corner,
Tnence SAW Et"W lest, A hstioce of 1307.1 leek to an ikon pre la
colnel. s216 point also being IN got fast ugnt at •11 toile of said Ceuntt lad;
r 1.a1a.o•
olio% relit&
lgR<.aaat K.aq
.1 m it r.r 1. r. A. r
awl.
broil Isom
w... lN I. w — r.rl
la1r111 r.l .r !I� rl n j, Ice
Jr rrr I rrnM{ K
w rnll ■ +m. r
iglu. r run • •• F• �
1 1•M rr1 r too aN It r..el •... . M.r
a
0o is +asintsinted Not sufficient height
m
sieht lines.
Case No. Attachment E
ZA01-078 Page 4
Surrounding Property Owners
Lot 10, Block 1 Southlake Estates
Owner
Zoning
1. M. Nichols
1.
SF -IA
2. M. Wayland
2.
SF-lA
3. E.Owen
3.
SF-30A
4. E.Owen
4.
SF-20A
Case No.
ZA01.078
Land Use
Acreage
1.
Low Density Residential
1.
1.90
2.
Low Density Residential
2.
2.00
3.
Low Density Residential
3.
1.41
4.
Low and Medium
4.
9.543
Density Residential
Attachment F
Page 1
Surrounding Property Owner Response
Lot 10, Block 1, Southlake Estates
NOTICES SENT: Eight (8)
RESPONSES: None received within the 200' notification area
Two (2) responses were received from outside the 200' notification
area:
• Joanne Fuller, 570 Love Henry Court, Southlake TX, opposed,
" I feel that splitting the lot on the corner will disrupt the
appearance of our neighborhood. We purchase our home
because of the size of the lots and rural atmosphere. An
additional home on the corner will enclose the open feeling we
enjoy." (Received August 23, 2001)
• See attached letter received during the Planning and Zoning
Commission meeting held August 23, 2001.
Case No. Attachment G
ZA01-078 Page 1
Planning and zoning Commission
August 23, 2001
To Whom it May Concern:
In the current zoning case ZA01-478 we offer our support for this
transaction, We have no objections to this matter.
Thank you,
John and Kim Campbell
495 Love Henry.
Southlake TX
817 329 8840
Case No. Attachment G
ZA01.078 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO.480-375
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
LEGALLY DESCRIBED AS A PORTION OF LOT 10,
SOUTHLAKE ESTATES, AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN
VOLUME 388-75, PAGE 8, PLAT RECORDS,
TARRANT COUNTY, TEXAS, AND BEING
APPROXIMATELY 0.791 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "SF -IA" SINGLE FAMILY RESIDENTIAL
DISTRICT TO "SF-30" SINGLE FAMILY
RESIDENTIAL DISTRICT, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER
(W PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution
and Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
the authority to adopt a comprehensive zoning ordinance and map regulating the location and
Case No. Attachment H
ZA01-078 Page 1
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 "SF-lA" Single Family
Residential District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
Case No. Attachment H
ZA01-078 Page 2
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,
Case No. Attachment H
ZA01.078 Page 3
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 portion of Lot 10, Southlake Estates, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388-75, Page 8,
Plat Records, Tarrant County, Texas, and being approximately 0.791 acres, and more
fully and completely described in Exhibit "A" from "SF -IA" Single Family
Residential District to "SF-30" Single Family Residential District.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance
with the comprehensive plan for the purpose of promoting the health, safety, morals and the general
welfare of the community. They have been designed, with respect to both present conditions and
the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the
streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue
concentration of population; and to facilitate the adequate provision of transportation, water,
sewerage, drainage and surface water, parks and other commercial needs and development of the
Case No. Attachment H
ZA01.078 Page 4
community. They have been made after a full and complete hearing with reasonable consideration
among other things of the character of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
Case No. Attachment H
ZA01-078 Page 5
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 , 2001.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment H
ZA01.078 Page 6
PASSED AND APPROVED on the 2nd reading the day of , 2001.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment H
ZA01-078 Page 7
EXHIBIT "A"
Being a portion of Lot 10, Southlake Estates, and addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-75, Page 8, Plat Records, Tarrant
County, Texas, being approximately 0.791 acres.
Case No. Attachment H
ZA01-078 Page 8
(MW
Case No.
ZAOI.078
EXHIBIT "B"
?t ?J ! is �}' `� � �e� � �ta jl 'i� °!i_ �
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Attachment H
Page 9
1i
City of Southlake
Denartment of Plannina
STAFF REPORT
September 28, 2001
CASE NO: ZA01-079
PROJECT: Lots 10R-1 & 10R-2, Southlake Estates
REQUEST: Phyllis Benton is requesting approval of a plat revision.
ACTION NEEDED: Consider plat revision
ATTACHMENTS: (A)
Background Information
(B)
Vicinity Map
(C)
Plans and Support Information
(D)
Plat Review Summary
(E)
Deed Restrictions Provided By Applicant
(F)
Surrounding Property Owner Map
(G)
Surrounding Property Owner's Responses
(H)
Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ben
Bryner (817) 481-2086
0
Case No.
ZA01.079
BACKGROUND INFORMATION
OWNER/APPLICANT: Phyllis Benton
PURPOSE: The applicant is proposing to subdivide her property into two residential lots
The north lot is proposed to remain as "SF -IA". The south lot is proposed
as "SF-30". The request is dependent on rezoning the property to "SF-30"
Single Family Residential District.
PROPERTY SITUATION: The property is located on the southeast corner of Love Henry Court and
Shady Oaks Road.
HISTORY:
LEGAL DESCRIPTION:
LAND USE CATEGORY:
CURRENT ZONING:
REQUESTED ZONING
TRANSPORTATION
ASSESSMENT:
Case No.
ZA01-079
A final plat for the Southlake Estates subdivision was approved by the City
Council on January 25, 1972.
Lot 10, Block 1, Southlake Estates, being 1.8 acres
Low Density Residential
"SF -IA" Single Family Residential District
"SF-30" Single Family Residential District on the southern lot only
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Shady Oaks Drive to be a 2-
lane, undivided collector street with 64' of R.O.W. The applicant is required
to dedicate land for R.O.W. to equal 64'.
Existing Area Road Network and Conditions
The proposed Lot 1 OR-2 will have driveway access onto Shady Oaks Drive.
The lot will be required to provide an off-street maneuvering area to ensure
that vehicles will not back into the Shady Oaks Drive.
Shady Oaks Drive currently is a 2-lane, undivided collector street.
May, 2001 traffic counts on Shady Oaks Dr. (between W. Southlake
Blvd FM 1709 and Highland Dr.
24hr
North Bound B 1,709
South Bound (SB) (1,593
NB
Peak A.M. 285 7-8 a.m.
Peak P.M. 168 3-4 p.m.
SB
Peak A.M. 210 8-9 a.m.
Peak P.M. 170 3-4 p.m.
Attachment A
Page 1
WATER & SEWER: There is an existing 8" sanitary sewer line that runs along the south side of
Love Henry Court. An easement has been provided to connect Lot 1 OR-2 to
the sanitary sewer line. A 12" water line exists along Shady Oaks Dr.
P&Z ACTION: August 23, 2001; Approved (6-0) subject to Plat Revision Review Summary
No. 3, dated August 17, 2001, adding north lot must meet SF -IA district
regulations.
CITY COUNCIL ACTION: September 4, 2001; Approved to Table (7-0) to the September 18, 2001, City
Council Meeting.
September 18, 2001; Approved to Table on Consent (7-0) to the October 2,
2001, City Council Meeting.
STAFF COMMENTS: Attached is Plat Revision Review Summary No. 4, dated August 31, 2001.
Approval of this plat revision is dependent on the approval of the "SF-30"
zoning request on the southern lot, case number ZAO1-078, being processed
concurrently.
NACommunity Development\WP-FILES\MEMO\2001cases\01-079PR.doc
Case No. Attachment A
ZA01-079 Page 2
Vicinity Map
Lots 1 O R-1 & 1 o R-2, Block 1
Southlake Estates
1000 0 1000 2000 3000 Feet
60
Case No. Attachment B
ZA01-079 Page 1
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Case No. Attachment C
ZA01-079 Page 1
PLAT REVIEW SUMMARY
Case No.: ZA01-079 Review No.: Four Date of Review: 08/31/O1
Project Name: Plat Revision — Lots 1OR-1 and 10R-2, Block 1, Southlake Estates
APPLICANT:
Michael and Phyllis Benton
615 Love Henry Court
Southlake, TX 76092
Phone: (817) 481-2688
Fax: (817) 831-4336
SURVEYOR: A.P. Survey Company
Jim Shaner or David Pollard
1903 Central Drive, Suite 305
Bedford, TX 76021
Phone: (817) 267-1249
Fax: (817) 267-0148
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/27/01 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086.
Add the deed record information (volume and page, DRTCT) to the owner's certificate.
2. Provide the standard approval block on the plat per appendix 9: Plat Revisions
Approved by the Planning & Zoning Commission
Date:
Chairman: _
P&Z Secretary:
Approved by the City Council
Date:
Mayor:
City Secretary:
3. Provide a 40' building line along Shady Oaks for Lot IOR- 1.
4. Show and dimension the R.O.W. for Shady Oaks from the centerline of the apparent existing
R.O.W. and the full width across Shady Oaks. The Master Thoroughfare Plan requires 64' of
R.O.W.
Informational Comments
* The filing of this plat is dependent on appropriate zoning being placed on the lots.
* A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject
property from each taxing authority must be provided to the City prior to filing this plat in the
County records. A copy of this information may be obtained from the Tarrant county Tax
Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old
red courthouse). There is a service charge of $10 per account for this certificate. For more
information contact the Assessor/Collector's office at (817) 884-1103.
Case No. Attachment D
ZA01-079 Page 1
* Please submit a revised blueline "check print" prior to submitting blackline mylars with original
signatures.
Original signatures and seals will be required on three blackline mylars prior to filing the plat.
Also required are two sets of owner's dedications and notaries (8.5" x I or 14" paper) with
original signatures and seals on each. Mylars will not be accepted if any erasures or original ink,
other than signatures or seals, appear on the plat.
A Developers Agreement is required prior to construction of any public infrastructure. The
Developer's Agreement for this addition should consider streets, drainage, park dedication
requirements and fees, off -site sewer extensions, off -site drainage and utility easements and
impact fees.
Case No. Attachment D
ZA01-079 Page 2
SEP-19-01 02:37 AM
P. 02
1. PLAT RECORD VOLUME 388 7 5
STATE OF TEXAS J
COUNTY OF TARRANT j
KNOW ALL MEN BY THESE PRESENTS:
That Love -Henry & Associates, Inc., being the owner. of the followin<
described lots in South:ake Estates, an addition to the City of
Southlake, Tarrant County, Texas, according to the Approved gap to
be recorded in the Map Records of Tarrant County, Texas, hereby
place the following restrictions on said lots, same being fully
described as follows:
Lots 1 through 10 in Block 1
The following covenants shall apply to all lots above listed:
A. All of the above described lots shall be known and described
as residential lots. No structures shall be erected on any resi-
dential lot, other than one detached single family dwelling, one
double garacle, attached or detached, and suitable barn or staSTe
or a maximum of three horses.
B. No fence or wall shall be erected, placed or altered on any lot
nearer to any street than the minimum set back line.
C. NO dwelling shall be perrc:tted on any lot described herein con-
taining less than 2,250 square feet of floor area, exclusive of
porches and stoops, open or closed car ports and garages. Such
square footage is meant to be only that amount of area contained
in the dwelling place.
The exterior walls of the dwelling erected on any lot described
herein shall be at least 601 of brick, brick veneer, stone, stone
veneer. aluminum and asbestos siding will not be permitted on any
dwelling on any lot herein described.
D. No dwelling shall be located on any lot nearer to the front lot
line nor nearer to the side street line than the minimum set back
lines shown on the record plat.
Detached and attached garages and accessory buildings shall not
be nearer to the street line than the set back indicated on the
record plat. For the purpose of these covenants, eaves and steps
shall not be considered as part of a building, provided, however,
that this shall not be construed to permit any portion of a building
on a lot to encroach upon another lot.
Z. No dwelling shall be erected or placed on any lot described
horrin having a width of less than 60 feet at the minimum set back
lane.
Case No. Attachment E
ZA01.079 Page 1
SEP-19-01 82:38 AM
P. 03
an
F. No building shall be erected, placed oraltered on lam show -
until the construction plans and spelot
cifications and a ?
ing the location of the structure have been approved by the
Architectual Control Committee as to quality of workmanship and
materials, harmony of external design with existing finistrush
gradde
and as to location with respect to topography and finish g
elevation. No fence or wall shall be erected, placed or altered
on any lot nearer to any streetthan
then minimum
paragraphtG back lint.
Approval shall be obtained as p red of Larry r•
G. The Architectural Control Committee allcOf Pallas, Texas. A
Henry, John C. Moss and Brad A. designPopkinate a representative to act
majority of the committee may desiq member of the
for it. In the event of deathrsrshall have full aunation of thority to de -
committee, the remaining memthen eeation
signate a successor. Neither the members of the ca omPens nor tr
pursuant to this covenant. At any time th#
designated representative shall be entitled to any cum
for services performed pu it of the lots shale htave the he epa„
then recorded owners of a majory
through a duly recorded written instrument to chant
ship of the committee or t wipowers a rnd aw from the committee or to re-
store to it any of kindall be displayed to the public View On
No sign of any kind
shall
b sign of not more than one square
any lot except one professional five square feet advert s ding
foot, one sign of not more the signs used by a building
rtif
property for sale or rent or si9 and sales period.
the property during construction
a. No animals, other than horses, dogs, eats or other household
pets shall be raised, bred or kept on any lot.
1. No lot shall be used or ug intained as a dumping ground for
rubbish. Trash. garbage, or other waste shall not be kept excep
in sanitary containers. All incinerators or other equipment for
the storage or idsposal of such material shall be kept in a else
and sanitary condition. which obstructs
e or shrub planting
J. No fence. rail, hedge, and six feet ab°v!1 the is
sight lines at elevations between t"+Ozmmkin on any corner lot
{ way■ shall be placed or permitted t teal Lreet boundary lines,
within the triangular area forme by 'ints feat f tom the intersect
and a line connecting them at po
of the street lines, or in the case °=O orty�dis eaxtapdded. 7
from the intersection of the store p any lot, within 10 !
same sight line lisitations shall apply onine with the �dq
• of
from the intersection of street property
be permitteid to ref
driveway or alley pavement. 310 tx~sations unless the foliage
within such distances of such interse
Case No. Attachment E
ZA01-079 Page 2
SEP-19-01 02:39 AM P.04
is maintained at Sufficient height to prevent obstruction of such
sight lines.
x. Easements or alleys for the installation and maintenance of
utilities and drainage facilities are reserved as shown on the
record plat.
L. No structure of a temporary character, railer, basement, tent,
shack, garage, barn, or other out -building shall be used on any
lot at any time as a residence, whether temporary or permanent.
/3 w M• All dwellings must be fully electric.
AJ
P N. No sewage system may serve any dwelling other than an aerobic
waste water treatment system or a municipally owned sewer system.
0. These covenants are to run with the land and shall be binding
on all parties and all persons claiming under them for a period of
30 years from the date these covenants are recorded, after which
time said covenants shall be aut0matically extended for successive
periods of five years unless an instrument signed by the majority
of the then owners of the lots has been recorded, agreeing to
change said convenants in whole or in part.
P. Enforcement shall be by proceedinge.at law or in equity against
any persons or persons violating or attempting to violate any
covenant either to restrain violation or to recover damage.
0. Invalidation of any of theae covenants by judgement or court
order shall in no wise effect any of the other provisions which
shall remain in full force and effect.
(r ExECUTED this �� day of , 1972.
LOVE -HENRY i ASSOCIATES, INC.
es en
SUBSCRIBED AND SWORN
to before me, the undersi=%uthority, this
day of A. D. 1972.
/7s
%, Notary Public and or
8 .. •y; Tarrant County, Texas.
ALI
Case No. Attachment E
ZAO t •079 Page 3
m P;
lit r��
E Slin OF TESTS )
) Ira ILL NFR IT THESE ►RESENTS
)uNTI OF TARRANT I
TRA1 LOVE•RENRT t ASSOCIATES. INC., the altars of the following descritad
tribally to .If:
Inlg a 11.13 we tract of land out of the L.I.O. gall Survey. Ibilfadl
lo.Ils. is the City of Southfohe, Tartan) County. Tesas, and being part of a
10 acre Iract teareyN to L.I. Notalo line N.N. Avail described to NOlust 1910.
File 74 .Otto Rocoids, Tairiat County, Taus, and sort particularly described
by *ties and bounos as followf; -
fegrnnrng at a point in the last right of my line of County goad 7177,
961.111 feel Win and 2647.7 left west at the natinust corner of said Nall
Survey. Are paint 09r01 ))0.22 feet north from flit torlh.est tolnal el a
e acre 1tw of land convtyto to 1. Evans ttom N. Retail Iecoloed is solute
AOAO. Pate 71. Otto Records, lairaot Cowl, Tease.
Thence Ratio Ina, East, a distance of 1113.04 left to an Iran pin br s
Cornet:
lattice North 0*25' Nest, a distance at 356 1 feet to the southwest clue'
of a aS We 11ac1 Conveyed to I.t. Irwelove as Iecmrdtd in Vulwoe /171, hge
12). Deed lecords, Lrtanl County, logos;
menu 1101lh 1028, test a distance of 21).9 Is a point to' Comet;
hence Soulh !O'S:' test, a atstaact el 1302.9 feel to so lion pin let
cornet. Slid point also being In lot east light of .ay lint of said County laic
L
a
In
H
e
e
6
ra
Case No.
ZAOI.079
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is Maintained at sufficient height
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Attachment E
Page 4
0
Surrounding Property Owners
Lot IOR-1 & IOR-2, Block 1
Southlake Estates
Owner
Zoning
Land Use
Acreage
1.
J. Peter
l .
SF-1 A
1.
Low Density Residential
1.
2.13
2.
G. Fuller
2.
SF-lA
2.
Low Density Residential
2.
1.99
3.
M. Nichols
3.
SF-lA
3.
Low Density Residential
3.
1.90
4.
M. Wayland
4.
AG
4.
Low Density Residential
4.
5.59
5.
City of Southlake
5.
AG
5.
Medium Density
5.
2.825
Residential
6.
E. Owen
6.
SF-30A
6.
Low Density Residential
6.
1.50
7.
E. Owen
7.
SF-20A
7.
Low and Medium
7.
8.955
Density Residential
8.
E. Owen
8.
SF-20A
8.
Medium Density
8.
2.747
Residential
Case No. Attachment F
ZA01-079 Page 1
Surrounding Property Owner Response
( Lot 10R-1 &10R-2, Block 1, Southlake Estates
NOTICES SENT: Four (4)
RESPONSES: One (1) response was received from within the 200' notification area:
• Greg Fuller, 570 Love Henry Court, Southlake TX, opposed, "I feel that
splitting this approximately 2 acre lot will lead to an inconsistent look and feel
to the Love Henry neighborhood. This will likely have a negative affect on
our property values." (Received August 23, 2001)
Two (2) response was received from outside of the 200' notification area:
Joann Hardy, 455 Love Henry Court, Southlake TX, opposed, " Bought into a
small neighborhood w/ 10 homes, 10 large lots. Don't want a precedence set
where we can all subdivide our lots. I am adamantly opposed to this. I want
to be a good neighbor but this is not acceptable. There will also be too much
traffic with a driveway onto Shady Oaks, along with the entrance to the new
subdivision. Too much congestion at this corner."
(Received August 17, 2001)
• Francis Nathan, 535 Love Henry Court, Southlake TX, opposed, "This will
reduce the value of the properties in the subdivision. We are a 2 acre lot per
home. If this is allowed all of us must be allowed to subdivide the entire
subdivision. This subdivision is one of the few in Southlake that is spacious.
I strongly object this request." (Received August 23, 2001)
Case No. Attachment G
ZA01-079 Page 1
City of Southlake
• ' Department of Planning
STAFF REPORT
September 28, 2001
CASE NO: ZA01-091
PROJECT: Tracts 3E2A2, 3E2A4, 3E3A, 3E12, & 3E13 of the J. Childress Heirs Survey
REQUEST: On behalf of Warren E. Allen, Jimmy and Sally Adamcik are requesting approval for
a zoning change.
ACTION NEEDED: Consider first reading for zoning change approval.
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plat Exhibit
(D) Surrounding Property Owner Map
(E) Surrounding Property Owner's Responses
(F) Ordinance No. 480-379
STAFF CONTACT: Ben Bryner (481-2086)
Case No.
ZA01-091
BACKGROUND INFORMATION
OWNER: Warren E. Allen
APPLICANTS: Jimmy and Sally Adamcik
PURPOSE: The applicant is requesting a zoning change to "SF-1 A" zoning for a single-
family residential use.
PROPERTY SITUATION: The property is located at 3259 Lake Drive.
HISTORY: There is no previous development history.
LEGAL DESCRIPTION: The property is legally described as Tracts 3E2A2, 3E2A4, 3E3A, 3E12, and
3E13 of the John Childress Heirs Survey, Abstract No. 254, being 1.19 acres.
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
TRANSPORTATION
ASSESSMENT: The Subdivision Ordinance requires that all residential lots have frontage
on a public street. Lake Drive is a private ingress/egress access easement.
Currently it exists as a dirt road. Fire emergency vehicles must have
access to the property and have area to maneuver. Fire lanes shall be
designed and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-weather driving
capabilities.
WATER & SEWER: Adequate water service is not available to the property. If access is more
than 10 feet but less than 24 feet wide, a fire hydrant is required within
800 feet of the residence and an approved residential fire sprinkler system
is required. If a minimum 24 feet wide access is provided, a fire hydrant
is required within 800 feet of the residence or an approved residential fire
sprinkler system is required. The existing water lines are too small and
must be updated to current standards and able to support any new
hydrants.
There is no sanitary sewer service extending to the property. The property
does have the minimum 1-acre size for use of a septic system. However, a
permit must be obtained from the Tarrant County Health Department.
P&Z ACTION: September 6, 2001; Approved (6-0).
(W CITY COUNCIL ACTION: September 18, 2001; Approved to Table (6-0) to the October 2, 2001, City
Case No. Attachment A
ZA01-091 Page 1
Council Meeting.
STAFF COMMENTS: A zoning request to "SF -IA" does not require a Concept Plan Review by
Staff.
A plat has been submitted for review. A copy of the plat is attached as exhibit
«C„
Case No. Attachment A
ZA01-091 Page 2
Vicinity Map
Tracts 3E02A, 3E02A4, 3E13
of the John Childress Heirs Survey
Abstract 254
1000 0 1000 2000 3000 Feet
Case No.
ZA01-091
Case No. Attachment B
ZA01-091 Page 1
\€):l��
�'
��j\
A-H:
J
Pip'
El
Case No. Attachment C
ZAOI-091 Page 1
Surrounding Property Owners
Tracts 3E02A, 3E02A4, 3E12, 3E13 of the John Childress Heirs Survey,
Abstract 254
Owner
Zoning
Land Use
Acreage
1.
W. Allen
1.
AG
1.
Medium Density Residential
1.
0.378
2.
I. Gossett
2.
AG
2.
Medium Density Residential
2.
0.561
3.
W. Allen
3.
AG
3.
Medium Density Residential
3.
0.791
4.
USA
4.
AG
4.
Corp of Engineers Boundary
4.
4.301
5.
USA
5.
AG
5.
Corp of Engineers Boundary
5.
3.812
6.
R. Tucker
6.
AG
6.
Medium Density Residential
6.
1.237
7.
G. Mason
7.
SF20-B
7.
Medium Density Residential
7.
0.505
8.
G. Mason
8.
SF20-B
8.
Medium Density Residential
8.
0.375
9.
G. Mason
9.
AG
9.
Medium Density Residential
9.
1.160
10.
B. Snyder
10.
AG
10.
Medium Density Residential
10.
0.227
11.
B. Snyder
11.
AG
11.
Medium Density Residential
11.
0.233
12.
R. Wilkie
12.
AG
12.
Medium Density Residential
12.
0.856
13.
R. Wilkie
13.
AG
13.
Medium Density Residential
13.
1.130
14.
J. Jones
14.
AG
14.
Medium Density Residential
14.
9.569
15.
R. Wilkie
15.
AG
15.
Medium Density Residential
15.
1.130
16.
L. Flaherty
16.
AG
16.
Medium Density Residential
16.
0.200
17.
L. Flaherty
17.
AG
17.
Medium Density Residential
17.
0.104
Case No. Attachment D
ZA01-091 Page 1
Surrounding Property Owner Responses
Tracts 3E2A2, 3E2A4, 3E3A, 3E 12, and 3E 13
Notices Sent: Seventeen (17)
Responses: One (1) response was received within the 200' notification area:
• Gerald Mason, 3203 Lake Drive, Southlake, TX, in favor. (Received September
4, 2001)
One (1) response was received outside of the 200' notification area:
• Betty Jones Foreman, 2652 Oakdale, Houston, TX, in favor. (Received
September 6, 2001)
• Bryan Wilkie, 3249 Lake Drive, Southlake, TX, in favor. (Received September
6,2000)
Case No. Attachment E
ZA01-091 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO.480-379
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 LEGALLY
DESCRIBED AS TRACTS 3E2A, 3E2A4, 3E3A, 3E12, AND 3E13,
SITUATED IN THE JOHN CHILDRESS HEIRS SURVEY,
ABSTRACT NO.254, AND BEING APPROXIMATELY 1.19 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
"A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-lA" 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 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
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
Case No. Attachment F
ZA01-091 Page 1
person or corporation having a proprietary interest in said property; and
(W
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
Case No. Attachment F
ZA01-091 Page 2
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed,
are called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being Tracts 3E2A, 3E2A4, 30A, 3E12, And 3E13, situated in the John Childress
Heirs Survey, Abstract No. 254, and being approximately 1.19 acres, and more fully
and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA"
Single Family Residential District.
Case No. Attachment F
ZA01-091 Page 3
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,
Case No. Attachment F
ZA01-091 Page 4
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment F
ZA01-091 Page 5
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 , 2001.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment F
ZA01-091 Page 6
PASSED AND APPROVED on the 2nd reading the
AT.1 e"
ATTEST:
day of , 2001.
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA01-091 Page 7
EXHIBIT "A"
Being Tracts 3E2A, 3E2A4, 3E3A, 3E12, and 3E13, situated in the John Childress Heirs Survey;
Abstract No. 254, and being approximately 1.19 acres.
T-T0= TEXAS �
U' i47*, 4F TA'RRAyT
71kT ►1IEREAS w•.1:rE-.i E�I33r Aile.9, is the ogler of a tract Jr. the
.:r ,::iiurvey Abstract No. 254, situated in the City of
i-5vthlake . Tarrant Catint f , Texas, as described in deeds of record
i, raze 946, and Volume 5250, Page 483, and beini)
r.1ft1':::1.ir'.y dLsurited by metes and bounds as follOW5.:
n lnq A� a : /?" i ron set At thC- i-iter^.-Pi't,inn of thv
notther1; and e4-�-.eriy 1:nes of a road ea9eme6t
r.avin;; a width of 20.00 feet 85 described in a deed
:)f record in volume a".32, Page 352. Deed ReQnrds,
;arrant County, Texas, said poirt being by deed Calls
903 varas North, 301.5 vara9 west. K. 890 E. 20.5 Feet,
and N. :0-191E. 20 feet from the southeast corner of
Raid Childress $urvey,%aid goirit also being the
'So•Jt?lwrst corner of t.h* herein described tract:
10-'.8'-00-F 17q.64 fort e1o•1g the easterly line
tre above mentioned road easement to iron
;L;-t :n same.
711E%v- ;, lam'- C'-00"E. 95.30 feet co:ltinujr,a along said
eaite•r!y itne to a 1/2" iron found in same for the
n0:thve9t comer Cf the herein described tract, said
point t<einy th-e 3oLithwest. corner of a tract described
.r a dared recorded ir_ Volume 7949, Pay, 1539, Deed
Records, Tarrant Cc*jrlty. TCXaS;
THENCE S. 990-0C'-00"E. 202.90 feet alga- the south line Cf
the last refarvrXecr tract to a 1/2" iron found at the
Saj)thea5r cornpr nfsarne in the vest lire of a tract
descr:�ed ..1 .) deet: to the' USA as C-261, for Grapevine
:aKe:
S. 3c-38'- 00' E. 228.10 feet alone; said best line of
T:aCt C-261, to a 1/2" iron set in san'0 Cyr the
3•a•jthe,;7st corner cif they lie reir. do5,:rir.e. tract.
-N--,;CF S. 190=09*-'JC"W 277-02 fapt ator.g the rcrther:y line
c:f a rcdd vasement, above men tzoni:d. to the PQ:N; OF
ECINTNING, and containing 1.?14 acres.
Case No. Attachment F
ZA01-091 Page 8
0
City of Southlake
• ' Department of Planning
STAFF REPORT
September 28, 2001
CASE NO: ZA01-091
PROJECT: Tracts 3E2A2, 3E2A4, 3E3A, 3E12, & 3E13 of the J. Childress Heirs Survey
REQUEST: On behalf of Warren E. Allen, Jimmy and Sally Adamcik are requesting approval for
a zoning change.
ACTION NEEDED: Consider first reading for zoning change approval.
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plat Exhibit
(D) Surrounding Property Owner Map
(E) Surrounding Property Owner's Responses
(F) Ordinance No. 480-379
STAFF CONTACT: Ben Bryner (481-2086)
Case No.
ZA01-091
BACKGROUND INFORMATION
OWNER: Warren E. Allen
APPLICANTS: Jimmy and Sally Adamcik
PURPOSE: The applicant is requesting a zoning change to "SF-1 A" zoning for a single-
family residential use.
PROPERTY SITUATION: The property is located at 3259 Lake Drive.
HISTORY: There is no previous development history.
LEGAL DESCRIPTION: The property is legally described as Tracts 3E2A2, 3E2A4, 3E3A, 3E12, and
3E13 of the John Childress Heirs Survey, Abstract No. 254, being 1.19 acres.
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
TRANSPORTATION
ASSESSMENT: The Subdivision Ordinance requires that all residential lots have frontage
(, on a public street. Lake Drive is a private ingress/egress access easement.
Currently it exists as a dirt road. Fire emergency vehicles must have
access to the property and have area to maneuver. Fire lanes shall be
designed and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-weather driving
capabilities.
WATER & SEWER: Adequate water service is not available to the property. If access is more
than 10 feet but less than 24 feet wide, a fire hydrant is required within
800 feet of the residence and an approved residential fire sprinkler system
is required. If a minimum 24 feet wide access is provided, a fire hydrant
is required within 800 feet of the residence or an approved residential fire
sprinkler system is required. The existing water lines are too small and
must be updated to current standards and able to support any new
hydrants.
There is no sanitary sewer service extending to the property. The property
does have the minimum 1-acre size for use of a septic system. However, a
permit must be obtained from the Tarrant County Health Department.
P&Z ACTION: September 6, 2001; Approved (6-0).
CITY COUNCIL ACTION: September 18, 2001; Approved to Table (6-0) to the October 2, 2001, City
Case No. Attachment A
ZA01-091 Page 1
Council Meeting.
STAFF COMMENTS: A zoning request to "SF -IA" does not require a Concept Plan Review by
Staff.
A plat has been submitted for review. A copy of the plat is attached as exhibit
«C„
Case No. Attachment A
ZA01-091 Page 2
Vicinity Map
(,, Tracts 3EO2A, 3EO2A4, 3E13
of the John Childress Heirs Survey
Abstract 254
1000 0 1000 2000 3000 Feet
W
Case No.
ZA01-091
N
S
E
Case No. Attachment B
ZA01-091 Page 1
K!q
IM
IM
Case No.
ZAOI-091
q,
EiI :W
H!
%!
v x
-M-
A
finjil
N,
UN
Attachment C
Page I
Surrounding Property Owners
Tracts 3E02A, 3E02A4, 3E12, 3E13 of the John Childress Heirs Survey,
Abstract 254
Owner
Zoning
Land Use
Acreage
1.
W. Allen
1.
AG
1.
Medium Density Residential
1.
0.378
2.
I. Gossett
2.
AG
2.
Medium Density Residential
2.
0.561
3.
W. Allen
3.
AG
3.
Medium Density Residential
3.
0.791
4.
USA
4.
AG
4.
Corp of Engineers Boundary
4.
4.301
5.
USA
5.
AG
5.
Corp of Engineers Boundary
5.
3.812
6.
R. Tucker
6.
AG
6.
Medium Density Residential
6.
1.237
7.
G. Mason
7.
SF20-B
7.
Medium Density Residential
7.
0.505
8.
G. Mason
8.
SF20-B
8.
Medium Density Residential
8.
0.375
9.
G. Mason
9.
AG
9.
Medium Density Residential
9.
1.160
10.
B. Snyder
10.
AG
10.
Medium Density Residential
10.
0.227
11.
B. Snyder
11.
AG
11.
Medium Density Residential
11.
0.233
12.
R. Wilkie
12.
AG
12.
Medium Density Residential
12.
0.856
13.
R. Wilkie
13.
AG
13.
Medium Density Residential
13.
1.130
14.
J. Jones
14.
AG
14.
Medium Density Residential
14.
9.569
15.
R. Wilkie
15.
AG
15.
Medium Density Residential
15.
1.130
16.
L. Flaherty
16.
AG
16.
Medium Density Residential
16.
0.200
17.
L. Flaherty
17.
AG
17.
Medium Density Residential
17.
0.104
Case No. Attachment D
ZA01-091 Page 1
Surrounding Property Owner Responses
(- Tracts 3E2A2, 3E2A4, 3E3A, 3E12, and 3E13
Notices Sent: Seventeen (17)
Responses: One (1) response was received within the 200' notification area:
• Gerald Mason, 3203 Lake Drive, Southlake, TX, in favor. (Received September
4, 2001)
One (1) response was received outside of the 200' notification area:
• Betty Jones Foreman, 2652 Oakdale, Houston, TX, in favor. (Received
September 6, 2001)
• Bryan Wilkie, 3249 Lake Drive, Southlake, TX, in favor. (Received September
6,2000)
Case No. Attachment E
ZA01-091 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO.480-379
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 LEGALLY
DESCRIBED AS TRACTS 3E2A, 3E2A4, 3E3A, 3E12, AND 3E13,
SITUATED IN THE JOHN CHILDRESS HEIRS SURVEY,
ABSTRACT NO.254, AND BEING APPROXIMATELY 1.19 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
"A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-lA" 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 home rule City acting under its Charter adopted by
the electorate pursuant to Article X1, 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
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
Case No. Attachment F
ZA01-091 Page 1
person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
Case No. Attachment F
ZA01-091 Page 2
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed,
are called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being Tracts 3E2A, 3E2A4, 3E3A, 3E12, And 3E13, situated in the John Childress
Heirs Survey, Abstract No. 254, and being approximately 1.19 acres, and more fully
and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A"
Single Family Residential District.
Case No. Attachment F
ZA01-091 Page 3
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,
Case No. Attachment F
ZA01-091 Page 4
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment F
ZA01-091 Page 5
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 , 2001.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment F
ZA01-091 Page 6
PASSED AND APPROVED on the 2nd reading the day of , 2001.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA01-091 Page 7
EXHIBIT "A"
Being Tracts MA, 3E2A4, 3E3A, 3E12, and 3E13, situated in the John Childress Heirs Survey,
Abstract No. 254, and being approximately 1.19 acres.
T-T,' OF TEXAS {
i : N7 OF 7hRRANT
"ITT w1IEREAS Wj rc'n E.i1ar AiIal, is the Owner nr a tract in the
.:r Childre:�.3 Survey AbstraCt No. 254, situated in the City of
=5kthlake, Tarrar,k County, Texas, As described 1n deeds bE record
�wlame 75 rtije 846, anr? volume 5250, Page 483, and being
� �r : r-aft i ^::la r! r duser t ted by metes and bounds as follows;
n lr.•g a�. a :/2" iron set .Lt tnoL- i-itere--Pc.inn aF thv
r:crt!•.er1; ani c•a�.er.y 1;nes uE a road easemert
raving a vkdtln of 20.00 feet a5 de5 ribed in a deed
DE record in Volum& 47132, Page 352. Dead Recrnrds,
;arrant County, Texas, said poirt being by deed calls
908 varas North, 301.5 vara9 west. N, 890 E. 20.5 feet,
and N. :o-781E. 20 feet from the southeast corner of
said Childress $urvey,sald ifoint also being tho
So•Jt?lwt'st corner of the herein described tract:
8'-0D"E, 1?c},9; feet elwig the easterly line
^.. tre 41-ove Mentr)ned road easement to a tJ7" iror,
art :n same:
T}iEtir: N'. IQ-�0 -bp"E, 95.30 Eeet cOMtinuhr,3 .along said
easterly line to a 1/2" iron found in same Eor the
nnrthvegt garner ;f the herein describ-ed tract, said
point be my th-e Nouthwest. corner of a tract described
in a deed recorded in VD)ume 7449, Paye 163'}, ,Deed
Records, Tarrant County, Texas. -
THENCE S. 894-00 '-00"E. 202.90 feet along the south line cf
the last refarer.cee tract to a 112" iron found at the
3onthea5r corner nf5arne in the vest lire of a tract
•fescrL`ed i." a t?ed to the USA, as C-261 , for Crapevine
Lake:
1,N'.::: S. 3c-38E, 228. ]0 feet alone; said west line of
T: act C-261 , *,.o a 1 12" iron set in sarie Cnr the
a•o•.,the-�-st corner cif the fie reir. dc5c:rired tract,
?i=.`; E <3- Ego-09*-`JC"W• 27?.02 Feet a%ong the rcrtber!y line
c,f a rca•d easement, above mentsoni:d, to the PQ:N: DF
7E 1MNJNG, and containing l.314 acre..$.
Case No. Attachment F
ZA01-091 Page 8
, Texas
MEMORANDUM
October 2, 2001
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works, 481-2308
Subject: Approve Resolution No. 01-061 abandoning utility easements in the Simmons
Addition
Action Requested: Approve Resolution No. 01-061 abandoning utility easements in the
Simmons Addition.
Background
Information: The final plat for the Simmons Addition was approved on December 7,
2001. The final plat includes utility easements to provide for the
relocation of an existing sanitary sewer line to better fit platted residential
lots and located closer to south property line. Utility easements have been
previously dedicated to the City of Southlake by the owner of Lot 4 of the
Simmons Addition and along the alignment of the new platted Simmons
court.
The construction of the new sanitary sewer line in Simmons Addition is
now complete and the sanitary sewer flow has been diverted to the new
sanitary sewer line on Lot 4. The developer is requesting that the City of
Southlake abandon the unnecessary portion of the utility easements on Lot
4 of the Simmons Addition so that Lot 4 can be developed for a residential
structure and abandon the utility easement that, generally, follows the
alignment of Simmons Court.
Financial
Consideration: None.
Citizen Input/
Board Review: None
Legal Review: City attorney has received this resolution and Quit Claim Deed.
Alternatives: Council can approve it or deny it.
Supporting
Documents: Resolution No. 01-061
Staff
Recommendation:
Staff
Contact:
PF/kw
Quit Claim Deed
Plat Exhibit
Please place on the City Council agenda for October 4, 2001 for Council
consideration and approval.
Charlie Thomas, P.E., City Engineer, 481-2175
Pedram Farahnak, P.E., Director of Public Works, 481-2308
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Simmons Addition
2000 0 2000 4000 Feet
PON
Nor-
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RESOLUTION NO.01-061
A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENTS
IN THE SIMMONS ADDITION, IN THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY .IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR
OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED
RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID
UTILITY EASEMENT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule City acting under its charter adopted
by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, utility easements have been previously dedicated to the City of Southlake
by the owner of Lot 4, Simmons Addition to the City of Southlake, Tarrant County, Texas.
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the utility easements located in Lot 4, Simmons Addition (the
"Utility Easements") are not being used by, nor useful or convenient to the public in general;
therefore, it constitutes a public charge without a corresponding benefit, and the public would be
better served and benefited by its vacation and abandonment. Said Utility Easements are more
specifically described on the attached exhibits:
EXHIBIT A: Legal Description
EXHIBIT B: Graphic Depiction
Further, the attached Exhibit "C" documents the approval of these abandonments by the utility
companies.
WHEREAS, in order to remove any question as to the continued interest or ownership of
the public in said Utility Easements, the City desires to execute a Quitclaim Deed releasing all
title, ownership and control in said easements to the owner or owners of Lot 4, Simmons
Addition.
- 1 -
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The Utility Easements, as described herein, are not being used by, nor useful or
convenient to the public in general. It constitutes a public charge without a corresponding
benefit, and the public would be better served and benefited by its vacation and abandonment.
Accordingly the above described Utility Easements, located in the Simmons Addition to the City
of Southlake, Tarrant County, Texas, are hereby vacated and abandoned as public property and
such area shall revert in fee simple to the owner of the Simmons Addition.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to
execute a quitclaim deed releasing all claims to title, ownership, or control of the utility easement
on the behalf of the City of Southlake, Texas. A copy of said quitclaim deed shall be presented
for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary.
-2-
SECTION 3
This resolution shall be in full force and effect from and after its passage as provided by
law.
PASSED AND APPROVED ON THIS , DAY OF ,
2001.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
Adopted:
Effective:
-3-
MAYOR
ATTEST:
City Secretary
M
ESCHIR /T "A "
PARTIAL UTILITY EASEMENT ABANDONMENT
Being a 0.195 of an acre tract of land within Lot 1, Simmons Addition, an addition to the
City of Southlake, Tarrant County, Texas, as shown on the plat recorded in Volume 383-
181, Page 70, Plat Records, Tarrant County, Texas and being a southerly portion of a 15-
foot permanent utility easement described in a deed to the City of Southlake as recorded
in Volume 13332, Page 501, Deed Records, Tarrant County, Texas. Said 0.195 of an
acre tract being more particularly described as follows:
Commencing at a Corps of Engineers monument found at the most northerly northwest
corner of said Lot 1 from which a Corps of Engineers monument found at the most
northerly northeast corner bears N 82 degrees 04 minutes 55 seconds E, 160.37 feet;
Thence with the easterly edge of said 15-foot permanent utility easement the following
calls:
S I 1 degrees 45 seconds 25 minutes E, 26.40 feet;
S 04 degrees 03 minutes 22 seconds E, 373.43 feet;
S 34 degrees 56 minutes 27 seconds E, 125.36 feet;
S 14 degrees 14 minutes 24 seconds W, 165.87 feet;
S 50 degrees 13 minutes 15 seconds W, 25.52 feet to the Point of Beginning;
Thence continuing with the easterly line of said 15-foot permanent utility easement the
following calls:
S 50 degrees 13 minutes 15 seconds W, 181.51 feet;
S 03 degrees 25 minutes 51 seconds E, 368.31 feet;
Thence S 86 degrees 34 minutes 11 seconds W with the southerly line of said 15-foot
permanent utility easement, 15.00 feet;
Thence with the westerly line of said 15-foot permanent utility easement the following
calls:
N 03 degrees 25 minutes 51 seconds W, 375.89 feet;
N 50 degrees 13 minutes 15 seconds E, 209.76 feet;
Thence S 14 degrees 14 minutes 24 seconds W leaving the westerly line of said 15-foot
permanent utility easement, 25.52 feet to the point of beginning and containing 0.195 of
an acre or 8,515 square feet.
�� C�a —7-2
Steve Miller Date
RP.L.S. #4224
99107i.des
Ex N v3 / -r " /3
POINT OF COMMENCING 7 NSZI04_55' E C. 0. E
C. C.E. MON. FND. % E60.31
S I I' 45- 2561. ' E
240'
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COURSE BEARING DISTANCE
L- I S50° 13' 15' W 25. 52'
L-2 S86° 34' 1 1' W 15. 00'
L-3 S 14° 14' 24' W 25. 52'
LEGEND:
\ \ \zI',- C.O.E. • CORPS OF ENGINEERS
ESMT • EASEMENT
FND. • FOUND
\ \ F MON. - MONUMENT
\ \ D.R.T.C.T. - DEED RECORDS, TARRANT COUNTY, TEXAS
P.R.T.C.T. - PLAT RECORDS, TARRANT COUNTY, TEXAS
)...r........-..�
BASIS OF BEARINGS IS THE CITY OF SOUTHLAKE
MONUMENTS 428 6 1:140.
/ /v
LOT I. SIMMONS ADDITION" /Pm
VOLUME 383-I8I, PAGE TO
P.R. T. C. T.
/
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POINT OF
L -2
••GAS♦TpER . 4S
7 —2l_b �.... .......
STEVE MILLER DATE STEYE MILLER
.................L ER
R. P. L. S. 4224 4224
BEGINNING
SKETCH SHOWING
b/ A PARTIAL ABANDONMENT
J 0. 185 OF AN ACRE OF A 15—FOOT UTILITY EASEMENT
ce,5I5 SQUARE FEET) RECORDED IN VOLUME 13332, PAGE 501
DEED RECORDS, TARRANT COUNTY, TEXAS
(BEING A O. 195 OF AN ACRE TRACT OF LAND
WITHIN LOT I, SIMMONS ADDITION
AN ADDITION TO THE CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
N RECORDED IN VOLUME 383-I8I, PAGE 70
AT RECORDS, TARRANT COUNTY, TEXAS)
PARTIAL UTILITY EASEMENT ABANDONMENT
Being a 0.176 of an acre tract of land within Lot 1, Simmons Addition, an addition to the
City of Southlake, Tarrant County, Texas, as shown on the plat recorded in Volume 383-
181, Page 70, Plat Records, Tarrant County, Texas and being a southerly portion of a 15-
foot permanent utility easement described in a deed to the City of Southlake as recorded
in Volume 13655, Page 435, Deed Records, Tarrant County, Texas. Said 0.176 of an
acre tract being more particularly described as follows:
Commencing at a Corps of Engineers monument found at the most northerly northwest
corner of said Lot 1 from which a Corps of Engineers monument found at the most
northerly northeast corner bears N 82 degrees 04 minutes 55 seconds E, 160.37 feet;
Thence with the easterly edge of said 15-foot permanent utility easement the following
calls:
S I I degrees 45 seconds 25 minutes E, 26.40 feet;
S 04 degrees 03 minutes 22 seconds E, 373.43 feet;
S 34 degrees 56 minutes 27 seconds E, 125.36 feet;
S 14 degrees 14 minutes 24 seconds W, 263.02 feet;
S 70 degrees 08 minutes 09 seconds W, 19.36 feet to the Point of Beginning;
Thence continuing with the easterly line of said 15-foot permanent utility easement the
following calls:
S 70 degrees 08 minutes 09 seconds W, 126.88 feet;
S 03 degrees 25 minutes 51 seconds E, 366.49 feet;
Thence S 86 degrees 34 minutes 11 seconds W with the southerly line of said 15-foot
permanent utility easement, 15.00 feet;
Thence with the westerly Iine of said 15-foot permanent utility easement the following
calls:
N 03 degrees 25 minutes 51 seconds W, 377.71 feet;
N 70 degrees 08 minutes 09 seconds E, 149.50 feet;
Thence leaving the westerly line of said 15-foot permanent utility easement the following
calls:
S 14 degrees 14 minutes 24 seconds W, 7.28 feet;
S 19 degrees 21 minutes 25 seconds W, 11.59 feet to the point of beginning and
containing 0.176 of an acre or 7,659 square feet.
`-/- � -7-2-v 1
Steve Miller Date
R.P.L.S. #4224
99107h. des
EStH1efr `8 `,
C'
POINT OF COfiWNC I NG 7 N8204. 55' E C. O. E. MON
C. 0. E. MON. FND. ;
I GO.3T'
—I S 6. I I - 45' 25 E
�! 240.
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FND.
COURSE BEARING DISTANCE
L— I S86° 34' 1 1' W 15. 00'
L-2 S 14° 1 4' 24' W 7. 28,
L-3 S 190 2 1' 25' W 1 1. 59'
�' LEGEND:
C.O.E. - CORPS OF ENGINEERS
ESMT - EASEMENT
\ \ FND. - FOUND
\ \ MON. - MONUMENT
\ \ D.R.T. C. T. - DEED RECORDS, TARRANT COUNTY, TEXAS
P. R.T. C. T. - PLAT RECORDS, TARRANT COUNTY, TEXAS
BASIS OF BEARINGS IS THE CITY OF SOUTHLAKE
MONUMENTS 428 8 p40.
/N
LOT 1, SIMMONS ADDITION"/ �0
`•_VOLUME 383-181, PAGE 70 Na
P. R. T. C. T. / a
/,v 7-2C vl
1'a STEVE MILLER DATE
R. P.L.S. 4224
/y
1� l� L-2
_. C E L-3
I L-I
70. 08, 09' W
9.36'
STEVE MILLER
4224
tPQc pp Q-
�9ti:;
SKETCH SHOWING
A PARTIAL ABANDONMENT
OF A 15-FOOT UTILITY EASEMENT
RECORDED IN VOLUME 13655, PAGE 435
DEED RECORDS, TARRANT COUNTY, TEXAS
BE I NG A 0. 176' OF AN ACRE TRACT OF LAND
WITHIN LOT I, SIMMONS ADDITION
2 AN ADDITION TO THE CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
RECORDED IN VOLUME 383-181, PAGE 70
G� AT RECORDS, TARRANT COUNTY, TEXAS)
CRE
-EET)
r,
EXHIBIT ,6'
w INGRESS, EGRESS AND PERMANENT UTILITY EASEMENT
Field Notes
Being a 1.295 acre tract of land in the Samuel Freeman Survey, Abstract No. 525, and
being a portion of Lot 1; Simmons Addition to the City of Southlake, as recorded in
Volume 388.181, Page 70, Plat Records, Tarrant County, Texas (PRTCT), and being
more particularly described as follows:
BEGINNING at the most northerly northeast comer of said Lot 1, Simmons Addition,
said point being in the south right-of-way line of Brookwood Street;
THENCE S 000 07' 40" W, along an east line of said Lot I a distance of I73.21 feet,
to a comer of Lot I;
THENCE S 000 07' 40" W, leaving the east line of said Lot 1 and continuing along
the east fine of a private access easement shown on plat of said Simmons
Addition a distance of 248.92 feet, to a point for a comer;
THENCE S 890 56' 10" E, a distance of 564.96 feet, to a point for a corner;
THENCE S 000 19' 40" W, at 433.80 feet passing the northwest corner of Lot 2 of
said Simmons Addition and continuing in all a distance of 753.03 feet, to a
point for a corner, said point being the southwest comer of said Lot 2,
Simmons Addition;
THENCE S 890 47' 40" E, along a north line of said Lot 1 a distance of35.00 feet, to
a point for a comer;
THENCE S 00" 19' 40" W, a distance of 35.13 feet, to a point for a corner;
THENCE N 890 47' 40" W, a distance of 60.00 feet, to a point for a comer;
THENCE N 000 19' 40" E, a distance of 213.47 feet, to a point for a corner,
THENCE Ni 890 40' 20" W, a distance of I83.82 feet, to a point for a comer, said
point being in the west line of said Lot 1;
THENCE N 000 19' 40" E. along a west line of Lot I a distance of 20.00 feet, to a
point for a comer.
THENCE S 89' 40' 20" E, a distance of 178.82 feet, to a point for a comer.
THENCE N 000 19' 40" E. a distance of 506.48 feet, to a point for a comer.
THENCE N 890 56' 10" W, a distance of 564.85 feet, to a point for a comer.
THENCE N 000 07' 40" E, a distance of 452.37 feet, to a point for a corner, said
point being in a north line of said Lot 1 and also being in the south right-
of-way line of Brookwood Street;
THENCE S 891 28'35" E, along a north line of said Lot 1, to the POINT OF
BEGINNING, and containing 56,426 square feet or 1.295 acres of land,
more or less.
EXHIBIT '�03 Ar
INGRESS EGRESS AND UTILITY EASEMENT
S89'2835
„ E i.295 ACRES (56,428 Sq. Ft.)
30.00' P.O.B.
00'07'40"W
173.21
S891J5'55'£ 589 J5 55 E 1
D .. 199.J6' 165. 45' G
589J5'S5"£ 30 v
171.61�.;00.07'40"W �Y
W-
' 248.92' LOT 1
\\ a� C' 589'56'10"E 564.96'
\ N Z N89'56' 10"W 564.85'
£X15ANG 10 PRIVAi£ ACCESS CASEMENT
°`� �` '�89�• osw LOT 1 Q
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N
BEARINGS BASED ON A SOUTH UNC OC
IIMMON3 ADDITION TO THE CITY OP SOVTHLAXE
AS RECORDED IN YOLUuE 3418-I31, PACE 70
PUT RECORDS, TARRANT COVNTY, TEXAS W E
BEING N BB•OA'AO" w
0r S
ST rRFo's� represlentation tots thisa surveyand accurate SCALE
1"= 200,
:.....................r... moo
EDOIE L. CHEA7HAAA>w
..........................
2346 r
...... � Registered Professional Land Surveyor No. 2348
Address: 1601 E. Lamar Blvd. Suite 200
Arlington, Texas 76011
DATE :
CHEATHAM AND ASSOCIATES
1601 E. LAMAR BLVD SUITE 200 ARLINGTON, TEXAS 76011
(817) 548-0696 METRO (817) 265-8836
ex E-f i B / T C ."
UTILITY COMPANY APPROVALS
We, the undersigned, as duly authorized representatives of the respective utility companies, hereby express
no objection to the abandonment 4 +h _ 5 ff-r—nI, as described on the attached exhibits.
TXU Electric/Gas ,
Signed: 1
Printed Name: LX/Ql/w Q
Title: 56' '&'L /
Date: Z - of
GTE Cent al,
Signed: �j
Printed Name: JD f% S . L#
Title: OAP 'TEC tt
Date: i2-3 9f - ¢
Charter C mmunications
Signed:
PrintedName:
nd K'
Title: t I
s-
Date:
Tri-County Electric Cooperative, Inc.
Signed:
Printed Name:
Title:
Date:
Southwestern Bell Telephone
Signed:
Printed Name:
Title:
Date:
QUITCLAIM DEED
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful
study and consideration, has determined that certain utility easements located in the Simmons
Addition, hereinafter specifically described, is not being used by, nor useful or convenient to the
public in general; therefore, it constitutes a public charge without a corresponding public benefit,
and the public would be better served and benefited by its vacation and abandonment. For and in
consideration of the above findings and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the City of Southlake does hereby bargain,
sell, release, vacate, abandon and forever quitclaim unto: the owner of the Simmons Addition
and any and all of its heirs, legal representatives of assigns, all of its right, title, and interest in
and to the following described real property situated in Tarrant County, Texas, to wit:
See Exhibit 'A': Legal Description
See Exhibit "B": Graphic Depiction
TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility
easements unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its
heirs, legal representatives of assigns shall have, claim of demand any right or title to the
aforesaid utility easement premises or appurtenances or any part thereof.
Executed this the day of , 2001.
CITY OF SOUTHLAKE
Rick Stacy, Mayor
-4-
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared RICK STACY, Mayor
of the City of Southlake, known to me to be the person whose name is subscribed to the
foregoing instrument, and knowledge to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
, 2001.
Notary Public in and for the State of Texas
My commission expires:
Return to:
City Secretary
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
Grantee:
Fred Joyce, Mary Myers Enterprises, Inc.
1608 Hart Court, Suite 301
Southlake, Texas 76092
-5-
ExH1131T 'Po?
PARTIAL UTILITY EASEMENT ABANDONMENT
Being a 0.176 of an acre tract of land within Lot 1, Simmons Addition, an addition to the
City of Southlake, Tarrant County, Texas, as shown on the plat recorded in Volume 383-
181, Page 70, Plat Records, Tarrant County, Texas and being a southerly portion of a 15-
foot permanent utility easement described in a deed to the City of Southlake as recorded
in Volume 13655, Page 435, Deed Records, Tarrant County, Texas. Said 0.176 of an
acre tract being more particularly described as follows:
Commencing at a Corps of Engineers monument found at the most northerly northwest
corner of said Lot 1 from which a Corps of Engineers monument found at the most
northerly northeast corner bears N 82 degrees 04 minutes 55 seconds E, 160.37 feet;
Thence with the easterly edge of said 15-foot permanent utility easement the following
calls:
S 11 degrees 45 seconds 25 minutes E, 26.40 feet;
S 04 degrees 03 minutes 22 seconds E, 373.43 feet;
S 34 degrees 56 minutes 27 seconds E, 125.36 feet;
S 14 degrees 14 minutes 24 seconds W, 263.02 feet;
S 70 degrees 08 minutes 09 seconds W, 19.36 feet to the Point of Beginning;
Thence continuing with the easterly line of said 15-foot permanent utility easement the
following calls:
S 70 degrees 08 minutes 09 seconds W, 126.88 feet;
S 03 degrees 25 minutes 51 seconds E, 366.49 feet;
Thence S 86 degrees 34 minutes 11 seconds W with the southerly line of said 15-foot
permanent utility easement, 15.00 feet;
Thence with the westerly line of said 15-foot permanent utility easement the following
calls:
N 03 degrees 25 minutes 51 seconds W, 377.71 feet;
N 70 degrees 08 minutes 09 seconds E, 149.50 feet;
Thence leaving the westerly line of said 15-foot permanent utility easement the following
calls:
S 14 degrees 14 minutes 24 seconds W, 7.28 feet;
S 19 degrees 21 minutes 25 seconds W, 11.59 feet to the point of beginning and
containing 0.176 of an acre or 7,659 square feet.
Steve Miller Date
R.P.L.S. #4224
99107h.des
ESCHI$1T "8 ,,
POINT OF COMMENC I NG N82e p4-55- E C. 0. E
C. 0. E. MION. FND. j60 gT'
-'BSI 1*45' WE
26. 40'
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MON. FND.
COURSE BEARING DISTANCE
L— I S86e 34' 1 1' W 15. 00'
L-2 S 14e 14' 24• W 7. 28,
L-3 S 19e 2 I' 25' W 1 1. 59'
LEGEND:
C. O.E. • CORPS OF ENGINEERS
ESMT - EASEMENT
\ \ FND. FOUND
\ \ MON. - MONUMENT
\ \ D.R.T.C.T. - DEED RECORDS, TARRANT COUNTY, TEXAS
P.R. T. C. T. • PLAT RECORDS, TARRANT COUNTY, TEXAS
BASIS OF BEARINGS 1S THE CITY OF SOUTHLAKE
MONUMENTS 428 6 440.
/N
LOT 1, SIMMONS ADDITION- /o
VOLUNE 383-181, PAGE TO n
P. R. T. C. T.
/N 7- 2C -
/ IP IMILLER ADATE---
R. P. L. S. 4224
/ E L-2
L-3
z
0
L—I
S70' 08' 09' W
19. 36'
g G\STER .9.5
...... .........
FO'•...
STEVE MILLER
'� 4224
SKETCH SHOWING
A PARTIAL ABANDONMENT
OF A 15—FOOT UTILITY EASEMENT
01 RECORDED IN VOLUME 13655, PAGE 435
DEED RECORDS, TARRANT COUNTY, TEXAS
B� (BEING A 0.176 OF AN ACRE TRACT OF LAND
WITHIN LOT I, SIMMONS ADDITION
AN ADDITION TO THE CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
2�2 RECORDED IN VOLUME 383-181, PAGE 70
AT RECORDS, TARRANT COUNTY, TEXAS)
40.176 OF AN ACRE
(7,659 SQUARE FEET)
"A�XH/R lT
PARTIAL UTILITY EASEMENT ABANDONMENT
Being a 0.195 of an acre tract of land within Lot 1, Simmons Addition, an addition to the
City of Southlake, Tarrant County, Texas, as shown on the plat recorded in Volume 383-
181, Page 70, Plat Records, Tarrant County, Texas and being a southerly portion of a 15-
foot permanent utility easement described in a deed to the City of Southlake as recorded
in Volume 13332, Page 501, Deed Records, Tarrant County, Texas. Said 0.195 of an
acre tract being more particularly described as follows:
Commencing at a Corps of Engineers monument found at the most northerly northwest
corner of said Lot 1 from which a Corps of Engineers monument found at the most
northerly northeast corner bears N 82 degrees 04 minutes 55 seconds E, 160.37 feet;
Thence with the easterly edge of said 15-foot permanent utility easement the following
calls:
S 11 degrees 45 seconds 25 minutes E, 26.40 feet;
S 04 degrees 03 minutes 22 seconds E, 373.43 feet;
S 34 degrees 56 minutes 27 seconds E, 125.36 feet;
S 14 degrees 14 minutes 24 seconds W, 165.87 feet;
S 50 degrees 13 minutes 15 seconds W, 25.52 feet to the Point of Beginning;
Thence continuing with the easterly line of said 15-foot permanent utility easement the
following calls:
S 50 degrees 13 minutes 15 seconds W, 181.51 feet;
S 03 degrees 25 minutes 51 seconds E, 368.31 feet;
Thence S 86 degrees 34 minutes it seconds W with the southerly line of said 15-foot
permanent utility easement, 15.00 feet;
Thence with the westerly line of said 15-foot permanent utility easement the following
calls:
N 03 degrees 25 minutes 51 seconds W, 375.89 feet;
N 50 degrees 13 minutes 15 seconds E, 209.76 feet;
Thence S 14 degrees 14 minutes 24 seconds W leaving the westerly line of said 15-foot
permanent utility easement, 25.52 feet to the point of beginning and containing 0.195 of
an acre or 8,515 square feet.
"2—�
Steve Miller Date
RP.L. S. 94224
99107i.des
ExN1r3l'r
POINT OF COMMENCING N82' p4_55' E C. 0. E
C.O.E. MON. FND. _1160.3T•
S 1 I' 45' 25' E
26.40'
ICI
rl
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W
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NI~
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ml
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lol
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MON. FND.
COURSE BEARING DISTANCE
L- I S50° 13' 15" W 25. 52'
L-2 S860 34' 1 1' W 15. 00'
L-3 S 14° 14' 24' W 25. 52'
LEGEND:
C.O.E. - CORPS OF ENGINEERS
\ \ \ Js may, ESMT • EASEMENT
\ \ FND. - FOUND
\ \ MON. - MONUMENT
\ \ D. R. T. C. T. - DEED RECORDS, TARRANT COUNTY, TEXAS
P.R.T.C.T. - PLAT RECORDS, TARRANT COUNTY, TEXAS
BASIS OF BEARINGS IS THE CITY OF SOUTHLAKE
MONUMENTS 928 8 440.
/ /Nk
LOT I, SIMMONS ADDITION" /paM
VOLUME 383-181, PAGE TO OF T
P. R. T. C. T.
/ y —7
l c�� I -2C�D
/ L-3 _...
--------------------------- STEVE MILLER
STEVE MILLER DATE
'lro ' R. P.L.S. 4224 D4224 P-
p�•I�
SUR F
5 �
POINT OF BEGINNING
�O
`M / SKETCH SHOWING
b/ A PARTIAL ABANDONMENT
OF A 15—FOOT UTILITY EASEMENT
y 0.195 OF AN ACRE RECORDED IN VOLUME 13332, PAGE 501
(8,515 SQUARE FE
o - o ET) DEED RECORDS, TARRANT COUNTY, TEXAS
N A N (BEING A 0.195 OF AN ACRE TRACT OF LAND
WITHIN LOT I, SIMMONS ADDITION
U w AN ADDITION TO THE CITY OF SOUTHLAKE
m TARRANT COUNTY, TEXAS
W RECORDED IN VOLUME 383-181, PAGE 70
N AT RECORDS, TARRANT COUNTY, TEXAS)
w D �
0, m w
tT
L-2
r,A
EXHIBIT ,6'
INGRESS, EGRESS AND PERMANENT UTILITY EASEMENT
Field Notes
Being a 1.295 acre tract of land in the Samuel Freeman Survey, Abstract No. 525, and
being a portion of Lot I; Simmons Addition to the City of Southlake, as recorded in
Volume 388-181, Page 70, Plat Records, Tarrant County, Texas (PRTCT), and being
more particularly described as follows:
BEGINNING at the most northerly northeast comer of said Lot 1, Simmons Addition,
said point being in the south right-of-way line of Brookwood Street;
THENCE S 000 07' 40" W, along an cast line of said Lot 1 a distance of I73.21 feet,
to a comer of Lot 1;
THENCE S 00" 07' 40" W, leaving the east line of said Lot 1 and continuing along
the cast line of a private access easement shown on plat of said Simmons
Addition a distance of 248.92 feet, to a point for a comer;
THENCE S 89" 56' 10" E, a distance of 564.96 feet, to a point for a corner;
THENCE S 000 19' 40" W, at 433.80 feet passing the northwest corner of Lot 2 of
said Simmons Addition and continuing in all a distance of 753.03 feet, to a
point for a corner, said point being the southwest comer of said Lot 2,
Simmons Addition;
THENCE S 89° 47' 40" E, along a north line of said Lot 1 a distance of 35.00 feet, to
a point for a comer;
THENCE S 00" 19' 40" W, a distance of 35.13 feet, to a point for a comer;
THENCE N 890 47' 40" W, a distance of 60.00 feet, to a point for a corner;
THENCE N 00° 19' 40" E, a distance of 213.47 feet, to a pcL-it for a corner;
THENCE N 890 40' 20" W, a distance of I83.82 feet, to a point for a comer, said
point being in the west line ofsaid Lot I;
THENCE N 000 19' 40" E, along a west line of Lot 1 a distance of 20.00 feet, to a
point for a corner.
THENCE S 890 40' 20" E, a distance of 178.82 feet, to a point for a corner.
THENCE N 000 19' 40" E, a distance of 506.48 feet, to a point for a comer.
THENCE N 890 56' 10" W, a distance of 564.85 feet, to a point for a comer.
THENCE N 000 07' 40" E, a distance of 452.37 feet, to a point for a corner, said
point being in a north line of said Lot 1 and also being in the south right-
of-way line of Brookwood Street;
THENCE S 890 28' 35" E, along a north line of said Lot 1, to the POINT OF
BEGINNING, and containing 56,426 square feet or 1.295 acres of land,
more or less.
•�:
��rt5
SOO*07,40"W
73.21
589 :J5'S5 "E 589 :J5'S5'E
199.J6' 156.45'
0
00'07'40' W
�48.92'
LOT
OIn
1
j 74/1 �GElf/'
R. S89'56 10 E 564.96'
N89'56' 10"W a 564.85'
(O JO' PRIVA X ACCESS CASEVEN
LOT 1 ZM�
N89'56'I0"W-2J2.75
g \j O
�0 +a
cD
S89'4C'20"E c
o
I178.82,
N00' �'40"E
' V83.82'
.. 10�� gyp,• �� ,: �
V i /
EXHIBIT 'C43
INGRESS EGRESS AND UTILITY EASEMENT
i.295 ACRES (56,425 Sq. Ft.)
S89 28 �S
E
30.00'
- - -�
`589'JS'S5 "E
N
f�U-)
N6j110
Z
EXtS
10
a �
a89'47'40"E
o. P 35.0.Q'
o
O
M�
g
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rn
60.00'�
o
N89.47'40 W
�,
a
LOT 1
N
IEARINCS BASED ON A SOUTN UNC or
SIYYONS ADDITION TO THE clrr or SOVTNIAXE
AS RECORDED IN vatULE 33a-I at, PACE To Y
PLAT RECORDS, TARRANT COUNTY, TEXAS W E
BEING N aa•OA'AO- w
1 E,..� F..• T S
p;• G I S T C,p'•f�. I certify that this is a true and accurate SCALE
A, fo' s representation of this survey.
�1"= 200'
Sz1 Isa =oo
EDDIE L. CHEATHAMN
t.......................•...
2346
'N0 RLY{o P.egistered Professional Land Surveyor No. 2346
SU
Address: 1601 E. Lamar Blvd. Suite 200
Arlington, Texas 76011
DATE �`••���1
CHEATHAM AND ASSOCIATES
1601 E. LAMAR BLVD SUITE 200 ARLINGTON, TEXAS 76011
(817) 548 -06 96 METRO (817) 265-8836
City of Southlake, Texas
MEMORANDUM
September 27, 2001
TO: Billy Campbell, City Manager
FROM: Kevin Hugman, Director of Community Services (x1527)
SUBJECT: Approval of Agreement for Community Services with the Southlake Community
Band.
Action Requested: City Council consideration for renewal of the agreement for community
services with the Southlake Community Band.
Background
Information: Southlake Community Band (previously Lake Cities Community Band) first
received funding from the City in 1995. Their request for financial support
stemmed from the increasing size of the Southlake Community Band, as well
as the growing number of area performances. Initially, the Southlake
Community Band received $1,000 which was consistent with the City
supplementing twenty-five (25%) percent of their operating costs. Operating
costs include the purchase of music, equipment, postage, and administration.
Over the past several years the Southlake Community Band has added to their
concert schedule in order to meet the demands of a growing community and
an increased number of City sponsored special events. Their purpose is to
provide education and entertainment in an effort to increase local appreciation
of the arts. For the 1999-2000 fiscal year the Band received an increase of
$1000 for a total of $5000.
Financial
Considerations: The Southlake Community Band has requested funding of $5000 for FY
2001-2002 for services rendered to the community. The approved FY 2001-
2002 Community Services division budget has allocated $57,150 for
community services agreements. This request is within the budgeted amount.
Citizen Input/
Board Review: No citizen input has been received. Not subject to any board review. The
changes indicated on the attached agreement were approved by the Southlake
Community Band. The Southlake Community Band President, Larry
Abernathy, or a representative will attend the work session to answer any
questions.
Legal Review: This agreement was modeled after the standard community services
agreement utilized by the City and is the same as the current scope of
services agreement.
Billy Campbell, City Manager
September 27, 2001
age 2
Alternatives: Alternatives may include the following:
• Changes in the funding amount as determined by City Council
• Non -renewal of community services agreement
Supporting
Documents: Supporting documents include the following items:
• Letter received May 31, 2001 from Larry Abernathy, President of
Southlake Community Band, requesting funding in the amount of $5,000
to provide service to Southlake residents in Fiscal Year 2001-2002.
• Proposed Agreement for Community Services with Southlake Community
Band.
Recommendation: Place on the October 2, 2001 City Council agenda for consideration the
proposed Community Services Agreement between the Southlake Community
Band and the City of Southlake
NU
LAActive City Council AgendaTommunity Services\Item 10-A,LakeCitiesBand.doc 09/27/01
2
�w May 31, 2001
Kevin Hugman
Director of Community Services
City of Southlake
Re: Your letter of May 18th
Dear Mr. Hugman:
Southlake
CommunityBand
The Southlake Community Band is grateful to the City of Southlake for it's
continued support.
The Band is eager to provide music and entertainment in the area and
/ proudly represent the City of Southlake at cultural events throughout
�w Northeast Tarrant County.
The City's financial support makes this possible. We would like to again
request $5000 and will in turn perform at least 6 concert events with a
scope of services agreement identical to last year's agreement.
Thank you again for the support that makes this organization possible.
Sincerely,
Larry Abernathy
President, Southlake Community Band
L:\Active City Council Agenda\Community Services\Item 10-A,LakeCitiesBand.doc 09/27/01
3
AGREEMENT FOR COMMUNITY SERVICE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule
municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its
duly authorized City Manager (hereinafter referred to as "City"), and the Ids Southlake
Community Band (Band), a nonprofit organization operating in the Southlake, Grapevine, Colleyville area
as an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its
duly authorized President.
WHEREAS, the purpose of the Band is to support a strong local arts program through local
concert events which help provide a focus for the expansion of other arts programs in the City of
,3outhlake; and,
WHEREAS, the Band has served Southlake and surrounding communities through such events
since 1992; and,
WHEREAS, the City and the Band desire to enter into an Agreement whereby the Band will
provide entertainment and educational services to the Southlake community and others as referred to by the
City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and Band do hereby covenant
and agree as follows:
SECTION 1
SCOPE OF SERVICES
The Band shall provide the following services:
LAActive City Council Agenda\Community Services\Item 10-A,LakeCitiesBand.doc 09/27/01
4
1. Provide citizens access and opportunity to participate in the arts, support community
cultural events, and provide educational programs to both children and adults in the
community.
2. Perform at least six concert events, free to the public, between October 2001 and
September 30, 2002. Proposed events include:
• Fall Concert,
• Holiday in the Park
• Winter Holiday Concert
• Guest Artist Concert
• Annual Young People
• Picnic in the Park
• City of Southlake July 4th Celebration
• Other concerts at Town Square
3. Scheduling of concerts and make-up concerts, if necessary, will be by agreement of the
City Parks and Recreation Director and the Band President.
SECTION 2
BAND(S) OPERATIONS
1. Band shall operate in accordance with its own approved by-laws.
2. The City shall have the right to review the books and records kept incident to the
services provided by the Band to the City.
L:\ACTIVE CrrY COUNCIL AGENDA\COMMUNITY SERVICES\ITEM 10-A,LAKECrrIESBAND.DOC 09/27/01
5
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to the Band the sum of Five Thousand ($5,000.00) in payment for services
described in Section 1 hereinabove.
SECTION 4
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 2001 and
ending September 30, 2002
IN WITNESS WHEREOF the City and the Band have executed this agreement as of
this day of , 2001
Approved as to legal form
and adequacy:
Attorney at Law
Mayor, City of Southlake
President
T2k.s Southlake Community
Band
L:\Active City Council Agenda\Community Services\Item 10-A,LakeCitiesBand.doc
L:\ACTIVE CITY COUNCIL AGENDA\COMMUNITY SERVICES\ITEM 10-A,LAKECITIESBAND.DOC 09/27/01
6
City of Southlake, Texas
MEMORANDUM
September 27, 2001
TO: Billy Campbell, City Manager
FROM: Kevin Hugman, Director of Community Services
SUBJECT: Approval of Agreement with Grapevine Relief and Community Exchange
(GRACE)
Action Requested: City Council consideration for renewal of the agreement for community
services.
Background
Information: Grapevine Relief and Community Exchange (GRACE) is a non-profit
organization in Grapevine that provides short term emergency assistance for
those in direct need of food, clothing, medicine, and other necessities. They
serve the northeast Tarrant area including Southlake.
GRACE has received funding since 1994, and in 1998 Council proposed a
$.50 per capita funding based on the current resident population. In 1998 the
City raised the amount paid for services to $9,500. GRACE has requested
funding for FY 2000-20001 of $10,759.50 which is based on the 2000 census
population figure of 21,519.
Financial
Considerations: GRACE has requested funding of $10,759.50 for FY 2001-2002 for services
rendered to the community. The approved FY 2001-2002 Community
Services division budget has allocated $57,150 for community services
agreements. This request is within the budgeted amount.
Citizen Input/
Board Review: No citizen input has been received. Not subject to any board review. Tricia
Wood, Executive Director, has been contacted. There are no changes to the
agreement. Ms. Wood will be present at the Council meeting as well as the
Council work session to answer any questions.
Legal Review: This agreement was modeled after the standard community services
agreement utilized by the City.
Alternatives:
• Changes in funding amount as determined by City Council
• Non -renewal of community services agreement
k L)
Billy Campbell, City Manager
September 27, 2001
Page 2
Supporting
Documents:
Staff
Recommendation:
l 11
Supporting documents include the following items:
• Written request for funding from GRACE Executive Director Tricia
Wood.
• Proposed Agreement for Community Services with GRACE.
City Council consideration of the proposed Community Services Agreement
between GRACE and the City of Southlake.
7
GRACE GRACE
610 Shady Brook Dr.
Grapevine, TX 76051
A O. Box 412
Grapevine, TX 76099
�krriaa .�
SarALke
May 31,2001 D ������
Mr. Kevin Hugman 2001
City of Southlake
Director of Community Services DEPT. OF
400 N. White Chapel PARKS &RECREATION
Southlake, TX 76092
Dear * 4r. Hugman,
GRACE is requesting funding from the City of Southlake for FY 2001 in the amount of $10759.50.
This request is based on a City allocation benchmark of $0.50 per person and a 2000 census
population count of 21,519.
We are thankful for the allocation of $10,650 from Southlake in FY 2000. With your support and
funding, we continue to provide programs and services to residents in our community who are in
need. Services are available to people living in the zip code areas of 76051, 76092, and 76034.
GRACE is open full-time.hours on weekdays and local police dispatchers can contact caseworkers
for after -hour emergencies.
JW As of April 2001, GRACE has worked to provide the following services:
• GRACE has helped 487 different families, including 27 from Southlake and 24 homeless or
transient.
• GRACE emergency services year-to-date have included 1,371 food pantry orders, 530
clothing packets, 138 utility payments, and 55 rent payments.
• GRACE has provided referrals and information to 283 people.
• The total service units GRACE has offered this year is 3,287.
• Each time a family needs help, they are given the personal attention of a GRACE
caseworker. This year we have conducted 901 interviews.
The services GRACE is able to provide to the community have adapted over the years with the needs
of the community. Within the last few years, GRACE has added transitional housing for long-term
support, Lend -A -Hand projects for senior or disabled individuals, and internship opportunities for
social work students. GRACE Habitat for Humanity has been working to find suitable land parcels
for affordable new home construction.
The volunteer program has responded to the needs evident in the programs at GRACE. Volunteers
are utilized six days a week in a variety of roles including case worker, clothing, food, transitional
housing, donation drop-off, resale operations, commodities, Board and seasonal projects. Volunteers
are vital to the daily operation of GRACE.
Residents of Grapevine, Southlake and Colleyville come to GRACE for a variety of reasons:
• Family crisis
Giving as we have received... to help people in need.
fax (817) 489-2181 email grace®gte.net phone(817) 488-7009
i
•
Fixed income constraints
•
Homelessness
•
Low income(Under employed
•
Medical problems
•
Mental health issues
•
Seasonal work/Inadequate work hours
•
Out of work/Laid off
•
Temporary expense draining finances
•
Chronic budgeting problems.
At GRACE, we strive to meet the immediate needs of individuals and families by providing vital
necessities. We also work to try to understand the reason for the need and guide families toward
meeting their needs in the future. In many cases, it takes multiple visits to help an individual or
family improve their work skills, develop confidence, tackle legal issues, work through personal or
family crises, or qualify for assistance through other agencies.
The support and awareness of local city officials is necessary for GRACE to effectively serve the
community. We are grateful for your consideration of our request and look forward to working with
The City of Southlake to fulfill the GRACE mission. Please call if you need additional information.
Sincerely,
Tricia Wood
Executive Director
r
AGREEMENT FOR COMMUNITY SERVICE
STATE OF TEXAS §
0
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule
municipal corporation located 'in Tarrant County and Denton County, Texas, acting by and through its
duly authorized City Manager (hereinafter referred to as "City"), and GRACE (Grapevine Relief and
Community Exchange), a nonprofit "relief" center operating in the Grapevine-Southlake-Colleyville area
as an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its
duly authorized Executive Director (hereinafter referred to as GRACE).
WHEREAS, the purpose of GRACE is to centralize resources and to provide food, clothing,
referral, and available financial assistance to the needy of the Grapevine-Southlake-Colleyville area, and
others as referred by GRACE members; and
WHEREAS, City and GRACE desire to enter into an Agreement whereby GRACE will provide
"relief" services to the needy of the Southlake community and others as referred by City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and GRACE do
hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
The Scope of Service shall include:
1. Short term emergency assistance for food and clothing needs.
2. Administration of direct aid as funding allows (assistance with utilities, rent, medicine,
gasoline, and other vital necessities).
3. Referrals to area agencies and organizations.
4. Distribution of furniture or other donated resources intended for emergency purposes as
available.
5. Cooperation with local organizations to render additional aid in certain instances as this
assistance is available, through either designated funding or seasonal programs.
6. Case management for repeated or extended emergency assistance.
7. Supplemental food commodities distribution for households on a low or fixed
income.
8. Transitional housing for homeless families.
9. Housing repair and construction through GRACE Habitat.
10. Low cost shopping at GRACEFUL BUYS Resale.
SECTION 2
GRACE'S OPERATIONS
1. Hours of Operations shall be solely defined by GRACE.
2. The City shall have the right to review the books and records kept incident to the services
provided by GRACE to the City.
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to GRACE the sum of Ten Thousand Seven Hundred Fifty Nine Dollars and Fifty
Cents ($10,759.50) in payment for services described in Section 1 hereinabove.
SECTION 4
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 2001 and ending
September 30, 2002.
IN WITNESS WHEREOF the City and GRACE have executed this agreement as of this day
of , 2001.
Approved as to legal form
and adequacy:
Attorney at Law
Mayor, City of Southlake
Executive Director, GRACE
.* I City of Southlake, Texas
MEMORANDUM
September 27, 2001
TO: Billy Campbell, City Manager
FROM: Kevin Hugman, Director of Community Services (xl527)
SUBJECT: Approval of Agreement for Community Services with Arts Council of Northeast
Tarrant County
Action Requested: City Council consideration for renewal of the agreement for community
services.
Background
Information: The Arts Council of Northeast Tarrant County (ACNETC) is a 501c(3)
organization that provides summer arts programs as well as other various arts
classes to youth and adults in northeast Tarrant County. They provide a
newsletter in addition to a calendar to the citizens of Southlake that serves
local municipalities, schools, and other non-profit organizations.
ACNETC has requested funding for FY 2000-2001 of $4,200, a decrease
from the request for $5,000 for the 2000-2001 fiscal year.
Financial
Considerations: ACNETC has requested funding of $4,200 to be paid for services rendered to
the community. The approved FY 2001-2002 Community Services division
budget has allocated $57,150 for community services. This request is within
the budgeted amount
Citizen Input/
Board Review: No citizen input has been received. Not subject to any board review,
however, Carolyn Sims, President of ACNETC has reviewed and approved
the FY 2001-2002 adjustments. Ms. Sims or a representative will be present
at the Council work session to answer any questions.
Legal Review: This agreement was modeled after the standard community services
agreement utilized by the City.
Alternatives:
• Changes in funding amount as determined by City Council
• Non -renewal of community services agreement
Supporting
Documents: Supporting documents include the following items:
• ACNETC written request for funding.
Billy Campbell, City Manager
September 27, 2001
Page 2
• Proposed Agreement for Community Services with the Arts Council of
Northeast Tarrant County.
Staff
Recommendation: City Council consideration of the proposed Community Services Agreement
between ACNETC and the City of Southlake.
KH
r
Jun-15-01 09:19 ARTS COUNCIL OF NETC
FAX COVER PAGE
P.O. Box 210816 / Bedford, TX, 76095
(817) 283-3406 / (917) 283.5522 fax / E-mail: ill
June Events
SUMMER ARTS COLLEGE. begins June 4!
Sunday, June 3, 7:00-8:00 p.m.
White House Harmony, Bluegrass Band
Suuthlake Town Square
Monday, June 4, 6:30- 7:30 p.m.
Duc Muore, Old Texan Sinryteller
Watauga Public Library
Thursday, June 7, 7:00- 9:00 p.m.
STARS Theatre/ Regal Opera/ MuheMalou
Trinity Arts Theatre. Redford Buys Ranch
Monday, June 11. 7:00- 9:00 p.m.
Harms Mariuncnes, Aladdin
Euless Public Library
Thursday, June 14, 7:00- 9:00 p.nL
ONSTAGE/ Taps 'N Tones/ Concert Bells of Fort Worth
Trinity Arta Theatre, Bedford Boys Ranch
Thursday, June 21, 7:00- 9:00 p.m.
Austin Chamber Music/ Rhythm Nation
Trinity Ans Theatre, Bedford Rnys Ranch
Thursday, June 21. 7.30- 8:30 p.m.
Western Reunion, Country Rand
Haltom Road Park -
Wednesday, June 27, 7:30 p.w.
Tin Roof Tango, Acnusfic Band
Bear Creek Park Pavilion at Keller
Thursday, June 28. 7:30- 8:10 p.m.
Bruce Williams Triu, I•ulk Music
Hurst Public Library
8172B35522 V.01
JUNE 2001
DATE:
June 14, 2001
TO:
Kevin Hugman
FAX #:
817 — 421-2175
FROM:
Carolyn Sims
PAGES (Including
Cover): 2
AaC@;artsnetc.org / Website: www.artsnet_c.org
NOTES:
Kevin and Emily,
Attached is our Arts Council request
for 2001-2002. We have added a new
request, which we would like to visit
with you about at your convenience.
Thank you again for considering the
Arts Council. We are delighted with
our partnership with the City of
Southlake.
p.02
8172935522
Jur•-I5-p1 p9019 ARTS COUNCIL OF NETC
j)NC1L OF NORT'"'AS' iTDU1 AN r COUNTY
ARTS CO BUDGET My,
2001-2002
uthlake, the Arts C""'Gil requests include.
artncr with the City of Sn
As a continuing P
S 2,200
MONTHLY CALENDAR UUU
City logo on all calendars Hach month 1
conventions centers
thrrrugh"t'l exas
Distributed to school alibrarics, businesses, Texas" ]'ravel Into
Centers, chambers an S 2,000
S jMMr,R ARTS COLLEGE
(provide elementary and middle school arts college
crmmcrhureslpress rcicasashtatnc badgcsisignage
programs in the summer for Soutltlake child[on
City listed in fly $4,200
TOTAL
first two items were in the Scope of service
with the City. roe' the Past 4 years,
with
f the amount had been $4200
!► 9,000
MASTF.RWOIIixy (one hour)
(12 performatices or, the Ill Sunday of dte month at
Town Square in the Gazebo) Attendance from revs October
to May 2001 has been over It") p budget.Thcrc an still
four more months to go fur the city
City listed in all bmr:hures/press releases/flYers/signabc S9,000
NEW ADDITIONAL MASTERWO>S SF•R1FS (one hour)
partnership with Town Square and provide additional evening or
(possible p' ers, and people of Soutlllake.)
afternoon sessions for the citrxens, shopp
To be considered. 518,000
TOTAL
'rbis program had been provided by the Narks Department for 4 years and is increasing due to the
cost of perfotmers- $22,200
TOTAL RIh.QUEST
to resent this information to the City Staff and/or
�R 1 3406 so that we can answer' any questions that you
The Aris Council would like to have theopportunity
City Council. please call Carolyn Sims (a17) 2 .
might have about this request and set a time to meet.
R
I
AGREEMENT FOR COMMUNITY SERVICE
STATE OF TEXAS §
0
COUNTY OF TARRANT §
- THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule
municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly
authorized City Manager (hereinafter referred to as "City"), and the Arts Council of Northeast Tarrant
County (ACNETC), an organization described in section 501(c)3 of the Internal Revenue Code, acting by
and through its duly authorized Executive Director (hereinafter referred to as "ACNETC")
and
WHEREAS, the purpose of ACNETC is to encourage the promotion of the arts in the community;
WHEREAS, City and ACNETC desire to enter into an Agreement whereby ACNETC will provide
art related services to citizens of Southlake and others as referred by City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and —ACNETC do
hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
The scope of Service shall include:
1. Assistance provided by ACNETC for arts related projects and programs to other non-profit
organizations, arts organizations, schools, and municipalities.
2. Provide summer art programs for youth in the area.
3. Provide a monthly event calendar with information pertinent to the citizens of Southlake.
4. Provide a quarterly newsletter available to people in the area.
5. Make available various "arts" classes such as guitar, voice, piano, pottery, painting, etc.
SECTION 2
ACNETC'S OPERATIONS
I . Hours of Operations shall be solely defined by ACNETC.
2. The City shall have the right to review the books and records kept incident to the services
provided by ACNETC to the City.
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to ACNETC the sum of Four Thousand Two Hundred ($4,200.00) Dollars in payment for
services described in Section 1 hereinabove.
SECTION 4
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 2001 and ending
September 30, 2002.
IN WITNESS WHEREOF the City and ACNETC have executed this agreement as of this day
of , 2001.
Approved as to legal form
and adequacy:
Attorney at Law
IR
Mayor, City of Southlake
Executive Director, ACNETC
City of Southlake, Texas
MEMORANDUM
September 27, 2001
TO: Billy Campbell, City Manager
FROM: Kevin Hugman, Director of Community Services
SUBJECT: Approval of Agreement for Community Services with Tarrant Youth Recovery
Campus.
Action Requested: City Council consideration for approval of the agreement for community
services.
Background
Information: In April 1999 Tarrant County Challenge, Inc., Tarrant County MHMR,
Tarrant Council on Alcoholism & Drug Abuse, Family Service Inc., and
Santa Fe Adolescent Services agreed to provide services under one roof — the
Tarrant Youth Recovery Campus - to provide a full continuum of care for
teenagers residing in Tarrant County who suffered from the disease of
addition. Prior to this project, there were few options for outpatient services
and no residential treatment for youth addicted to drugs and alcohol. The
funding of $2250 requested will be used specifically to provide services at the
Tarrant Youth Recovery Campus.
Financial
Considerations: A request for funding in the amount of $2,250 ($.10 per taxpayer based on
the current population of 22,500) was received from Tarrant Youth Recovery
Campus on August 17, 2000. The amount of $2,250 has also been requested
for the fiscal year 2001-2002. The approved FY 2001-2002 Community
Services division budget has allocated $57,150 for community services
agreements. This request is within the budgeted amount.
Citizen Input/
Board Review: No citizen input has been received. Not subject to any board review.
However, Tarrant County Commissioner Glen Whitley and Rosie Mauk, Co -
Chairs of the Tarrant Youth Recovery Campus, and Jennifer Gilley,
Executive Director of Tarrant County Challenge Inc. have sent in written
requests for the funding. Ms. Gilley will attend the work session to answer
any questions on the Tarrant Youth Recovery Campus.
Legal Review: This agreement was modeled after the standard community services
agreement utilized by the City.
Alternatives:
• Changes in funding amount as determined by City Council
C)
Billy Campbell, City Manager
September 27, 2001
Page 2
Supporting
Documents:
Staff
Recommendation:
I"
Non -approval of community services agreement
Supporting documents include the following items:
• Funding request letter from Glen Whitley and Rosie Mauk.
• Proposed Agreement for Community Services with Tarrant Youth
Recovery Campus.
City Council consideration of the proposed Community Services Agreement
between Tarrant Youth Recovery Campus and the City of Southlake.
Approved for Submittal to City Council:
City Manager's Office
MAY-21-2001 12:58 TARRANT COUNTY CHALLENGE 8179892409 P.02i02
March 19, 2001
Honorable Rick Stacy
Mayor
City of Southlake
667 North Carroll Avenue
Southlakc, TX 76092
Dear Honorable Stacy,
I know Southlake, like the rest of Tarrant County, is concerned about the health and
welfare of our youth. Among the issues facing our adolescents today, substance abuse is
clearly one of the most significant. In 1999, through the efforts of many, the much
needed Tarrant Youth Recovery Campus (TYRC) opened to serve our communities'
youth who suffer from the disease of addiction. Since that time the campus has serve 1
youth and their families from Southlake. Their care has included assessment, residential,
day treatment, outpatient, and family counseling. Without the campus these youth and
their families would have had no place to tum for help.
Because of the care received at TYRC these young people have been able to returned to
Southlake filled with the potential that drug and alcohol abuse had sought to destroy. The
cost of caring for the youth from your community totaled $1,554.00. The state
reimbursed the campus only $672.00, leaving a deficit of $882.00.
The Board of Directors of Tarrant County Challenge, Inc, and the Community Advisory
Board respectfully request that the City of Southlake allocate $2,250.00 for contracted
services at TYRC. These funds will be used specifically to provide services at the
Tarrant Youth Recovery Campus.
We are grateful for the funds you provided in 2000 and pleased that the Campus has been
available to the youth of Southlakc who needed care. Please continue as our valued
partners in meeting the needs of your city's youth.
Sincerely,
Commissioner Glen Whitley
Co -Chair
TauTant Youth Recovery Campus
Rosic Mauk
Co -Chair
Tarrant Youth Recovery Campus
TOTAL P.02
MAY-21-2001 12:58 TARRANT COUNTY CHALLENGE
8179892409 P.01i02
FACSIMILE TRANSMITTAL SHEET
To: Emily Galpin FROM: Jennifer A. Gilley
FAX: 817-481-1594 DATE: May 21, 2001
TOTAL PAGES: 2
Sender's Phone Number:
871-989-2390 ext. 102
Sender's Fax Number:
817-989-2409
Sender's E-Mail Address
iac�iiley(U-netscape.net
Notes/Comments:
Dear Emily,
Please find attached a copy of the letter that was mailed to Mayor Stacy as well
as each of the council members. If you need any additional information, please
phone.
Thanks,
Jennifer Gilley
AGREEMENT FOR COMMUNITY SERVICE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a
home rule municipal corporation located in Tarrant County and Denton County, Texas, acting
by and through its duly authorized City Manager (hereinafter referred to as "City"), and
Torrent County Chollot4ge, arrant Youth Recovery Campus, a nonprofit substance abuse
�reerrerr�v a a::eT--v::a::e::
elimination organization described in section 501(c)3 of the Internal Revenue Code, acting by
and through its duly authorized Executive Director (hereinafter referred to as Torrent C-0434 t•
hellnng@ Inn Tarrant Youth Recovery Campus).
WHEREAS, the purpose of Teams:t eae =�Te =all@ =90 1 Tarrant Youth Recovery
Campus is to mobilize Tarrant County and its communities in developing and implementing
comprehensive, coordinated strategies for substance abuse prevention, and
WHEREAS, City and Tarrant County Challenge Inc. desire to enter into an
Agreement whereby Tyr —County =al1@ =90 1 arrant Youth Recovery Campus will
provide outpatient and residential services thrn„nh " - Torrent Vnnth Rocovnry Campus,to the
Southlake community and others referred by City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and
Torrent rn„nty Challoi4go4w.,Tarrant Youth Recovery Campus do hereby covenant and agree
as follows:
N:\Community Services\02 Service Agreements\CHALLENGE-02AGREEMENT-F.DOC
09/27/Olne�4
SECTION 1
SCOPE OF SERVICES
The Scope of Service shall include:
Torrapt Cminty Chollnnna rnG -Tarrant Youth Recovery Campus shall provide a
collaborative, full continuum of care around a strong family systems model ate
Torrent Vroith T?nnmnry Campus to include: assessment and referral, access to
detoxification, case management, residential treatment, day treatment, intensive
outpatient, supportive outpatient, support groups, and family counseling.
SECTION 2
T nn arm rnT rt\1TV ru A i i ��� ARRANT YOUTH RECOVERY CAMPUS
OPERATIONS
1. Hours of Operations shall be solely defined by Torront Coo; y ChollnnnA
LasrTarrant Youth Recovery Campus
2. The City shall have the right to review the books and records kept incident to
the services provided by Torro„t G-ou;g i Challoago UiQ Tarrant Youth Recovery
Campus to the City.
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to Torront irn„nt., Cholleago hwTarrant Youth Recovery Campus the sum
of Two Thousand Two Hundred Fifty ($2,250.00) Dollars in payment for services described
in Section 1 hereinabove.
SECTION 4
TERM OF AGREEMENT
N:\Community Services\02 Service Agreements\CHALLENGE-02AGREEMENT-F.DOC
09/27/014"24 101
The term of this agreement shall be for a period of one (1) year beginning October 1, 2001
and ending September 30, 2002.
IN WITNESS WHEREOF the City and 12r-;2 t r,,, pAy Chollot4g@ Tnn Tarrant Youth
Recovery Campus have executed this agreement as of this day of
2001.
Approved as to legal form
and adequacy:
Attorney at Law
Mayor, City of Southlake
Executive Director,
Tnrroe+* Gowny cholinnnn laG
Tarrant Youth Recovery Campus
N:\Community Services\02 Service Agreements\CHALLENGE-02AGREEMENT-F.DOC
09/27/0109/2403
i
MEMORANDUM
September 27, 2001
TO: Billy Campbell, City Manager
FROM: Kevin Hugman, Director of Community Services
SUBJECT: Approval of Agreement for Community Services with The Women's
Shelter.
Action Requested: City Council consideration of a community services agreement
with The Women's Shelter.
Background
Information: The Women's Shelter is a non-profit organization headquartered
in Arlington. They provide assistance to Southlake residents
from satellite branches in Northeast Tarrant County. Services
include counseling programs for children, victims, and offenders.
They also provide the following services: 24-hour hotline,
community education and training, transitional services programs
for victims and their families, legal support and referrals, court
accompaniment, advocacy with the police, courts and district
attorney's office, and temporary residential facilities.
The Women's Shelter has continued to be responsive to calls
from Southlake families through the Southlake Police Department
by transporting families to the shelter and assisting victims with
the Crime Victim's Compensation process.
In FY 1999-2000 the Department of Public Safety recommended
an agreement with The Women's Shelter because of the quality of
the response and the availability of services. In FY 2000-2001
the Shelter requested an increase of funding from $1000 to $1500
to reflect the increased support and additional services to
Southlake residents.
Financial
Considerations: The Women's Shelter has requested funding of $1500 for FY
2001-2002 for services rendered to the community. The approved
FY 2001-2002 Community Services division budget has allocated
i
Citizen Input/
Board Review:
Legal Review:
Alternatives:
Supporting
Documents:
Staff
Recommendation:
I;ia
$57,150 for community services agreements. This request is
within the budgeted amount.
No citizen input has been received. Not subject to any board
review. The changes indicated on the attached agreement reflect
the programs The Women's Shelter provides and has been
reviewed by them. Executive Director Mary Lee Hafley will be
present at the Council work session to answer any questions.
This agreement was modeled after the standard community
services agreement utilized by the City.
• Changes in funding amount as determined by City Council
• Non -renewal of community services agreement
Supporting documents include the following items:
• Request for funding letter dated June 13, 2001 from Mary
Lee Hafley, Executive Director.
• Proposed Agreement for Community Services with The
Women's Shelter.
City Council consideration of the proposed Community Services
Agreement between The Women's Shelter and the City of
Southlake.
r4 ),
THE WOMEN'S, SHELTER
tLN 1 11
June 13, 2001
p�c�c�ad�
BOARD OF DIRECTORS
Kevin Hugman
JUN 1 - 2001
BARB VON DER HEYDT-CHAIR
City of Southlake
BILL DALEY -VICE CHAIR
400 N. White Chapel
DEPT. F
)ONI WIliOlFSECRETARY
Southlake, Texas 76092
PARKS & RECREATION
BERNY HARTLEY' TREASURER
Dear Kevin:
Thank you for the opportunity to apply for funding to the City of Southlake.
5TEWAw ASIAW
The City's partnership with TWS results in a quick response to police
STU SURGE
officers and victims and makes a comprehensive agenda of services easily
BONNIECARROLL
accessible to your citizens.
SUMN CHA►►EL
RATERICUMMINGS
In 2000, SURVIVE assisted Southlake families through the Southlake Police
CONNIE"UNFT
Department, transported families to the shelter and assisted victims with the
i1T„YCORDON
Crime Victim's Compensation process. Police officers use small photo
fTEYEGORDON
albums provided by TWS to introduce victims to the shelter and our staff
NANCY HANEY
responds 24/7 to any officer requesting help for a victim. Other Southlake
MIREHERNANDEz
residents accessed counseling and legal services at our Northeast office.
10HNJ0E
Additionally, Youth Peace staff provided Project Date presentations to
SETH LEAMAN
Carroll High School students. Pre/post-tests indicate that 72% increased their
TOW LOTH
knowledge by at least 10% and 19% demonstrated a 30% or better increase.
RKR MCVAY
MARYJEANMOLONEY
The Women's Shelter requests the City of Southlake to renew their Scope of
DEBRAMORROW
Services Agreement with the Agency for $1,500 for the 2001-02 fiscal year.
WARREN NA6UM0
If you have questions or need additional information, please contact me.
ROEERT RIVERA
PENNY ROWELL
_
RRIMNVANIMARIFF
Sincerely,
GRIWIIRERSON
Mary Lee Hafley
EXECUTIVE DIRECTOR
Executive Director
MART LEE HAFLET, AUD.
10 UNITED WAY
HERE
HELPS HERE P.0.9m1207 ARLIMTON,TEXAS 76004 WWW.WOMENffHELTERORc
PHONE S17548 0583 u HOUR HOMNE 817460 55" FAX 817 548 0"7
I
AGREEMENT FOR COMMUNITY SERVICES
STATE OF TEXAS
u
COUNTY OF TARRANT
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a
home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by
and through its duly authorized City Manager (hereinafter referred to as City), and The Women's
Shelter, a nonprofit organization operating in the City of Southlake as an organization described
in section 501 (c)3 of the Internal Revenue Code, acting by and through its duly authorized
Executive Director.
WHEREAS, the purpose of The Women's Shelter. is to provide food, clothing, and
transitional housing for families and victims of family violence to improve the quality of life for
the citizens of the City of Southlake; and
WHEREAS, City and The Women's Shelter Inc. desire to enter into an Agreement
whereby The Women's Shelter Inc. will provide services to the citizens of Southlake;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and The Women's
Shelter do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
The Women's Shelter shall provide the following services:
1. Emergency services consisting of shelter, clothing, food and transitional housing for
victims of family violence.
4
2. Crisis intervention at area hospital emergency rooms.
3. Staff and provide a 24-hour crisis Hot Line.
4. Support services consisting of parenting education, case management, group and
individual counseling.
5. Prevention services consisting of community education and training to organizations,
professional groups, and adolescents_
6. Legal advocacy including, but not limited to, attorney services, protective order
procurement, court accompaniment, crime victim's compensation applications.
7. Transportation across cities to shelter, court and other service locations.
8. Crisis response 24/7 to Southlake Police Department.
SECTION 2
THE WOMEN'S SHELTER FUNCTIONS
l . The Women's Shelter Board of Directors shall meet periodically. The time, date, place,
and agenda of these meetings shall be solely defined by The Women's Shelter.
2. The Women's Shelter shall operate in accordance with its own approved by-laws.
3. The City shall have the right to review the books and records kept incident to the services
provided by The Women's Shelter to the City.
4. The Women's Shelter shall provide a quarterly written report to the City. This report
shall include: a disclosure of The Women's Shelter financial status, operations conducted
during the preceding quarter, planned future operations, and any other information agreed
to by both The Women's Shelter and the City.
SECTION 3
CITY FUNCTIONS
l . A liaison will be provided by the City to assist The Women's Shelter in coordinating The
Women's Shelter and City operations.
M
2. City shall provide staff assistance, advice, and technical expertise where feasible to aid
The Women's Shelter.
SECTION 4
PAYMENT FOR SERVICES
City agrees to pay to The Women's Shelter the sum of One Thousand Five Hundred ($1,500.00)
Dollars in payment for services described in Section 1 hereinabove.
SECTION 5
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 2001 and
ending September 30, 2002.
IN WITNESS WHEREOF the City and The Women's Shelter Inc. have executed this
agreement as of this day
Approved as to legal form:
Attorney at Law
of , 2001.
Mayor, City of Southlake
Executive Director, The Women's
Shelter Inc.
MEMORANDUM
September 28, 2001
TO: Billy Campbell, City Manager
FROM: Monica Broadhurst, Metroport Teen Court Coordinator
SUBJECT: Interlocal Agreement for funding of the Teen Court Program
Action Requested: Approval of Metroport Teen Court Interlocal Agreement
Background
Information: On October 1, 1996, the Cities of Southlake, Colleyville, and
Grapevine; Town of Trophy Club; the Carroll Independent School
District; and the Grapevine/Colleyville Independent School District
entered into an agreement to create the METROPORT Teen Court
program. This joint venture creates the process through which
juvenile misdemeanor offenders are offered an alternative to the
criminal justice system. This alternative allows the teen defendants
the opportunity to assume responsibility for their actions by
involvement in the judicial process and community service in order
that their offenses will not be recorded.
The 2000-01 Interlocal Agreement, (attachment) outlines the
METROPORT Teen Court Program. This agreement also outlines the
development of the METROPORT Teen Court Advisory Board, the
METROPORT Teen Court Budget Advisory Committee, and the
roles and responsibilities of each of their members. The accord also
authorizes the City of Southlake to employ a full-time Teen Court
Coordinator, provide office space for him/her and collect revenues
from the other participating Cities and School Districts in order to
maintain the program. The only change as compared to last year's
contract is the change in Section 7 and Exhibit A.
Financial
Considerations: The City's participation in the cost of the Teen Court would be
$18,925.00.
Citizen Input/
Board Review: Not Applicable
Page 1
Billy Campbell
�W September 28, 2001
Page 2
Legal Review:
Alternatives:
Supporting
Documents:
Staff
Recommendation:
The City Attorney D'Ann Drennan has reviewed the Interlocal
Agreement as to form and legality of the document.
Approve agreement, deny agreement or modify agreement
2000-2001 Metroport Teen Court Interlocal Agreement
Place Metroport Teen Court Interlocal Agreement on the October 2,
2001 City Council meeting agenda for Council to review and
approve.
Approved for Submittal to City Council:
City Manager's Office
Page 2
INTERLOCAL AGREEMENT
CITY OF COLLEYVILLE, CITY OF GRAPEVINE, CITY OF SOUTHLAKE, AND
CARROLL INDEPENDENT SCHOOL DISTRICT
This Contract and Agreement, entered into the 1st day of October, 2001, by and between the City
of Colleyville, the City of Grapevine, and the City of Southlake, municipal corporations herein called
"Cities" or "each participating City," and the Carroll Independent School District, herein called
"School District" or "participating School District," the parties acting herein under the authority and
pursuant to the terms of Chapter 791, INTERLOCAL COOPERATION CONTRACTS, Texas
Government Code, WITNESSETH THAT:
WHEREAS, the City Councils of the Cities of Colleyville, Grapevine, and Southlake, and
the Board of Trustees of the Carroll Independent School District jointly find that it will be in the
public interest to enter into this agreement for the purposes set out herein below,
NOW, THEREFORE, it is mutually agreed between each participating City and the
participating School District that:
1. Teen Court is a volunteer program which allows juvenile misdemeanor offenders an
alternative to the criminal justice system while allowing them also to assume responsibility for their
own actions by involvement in the judicial process and community services in order that their
offenses will not be recorded; bringing juvenile offenders to a jury of their peers and to the
community for constructive punishment will provide the youths with an understanding of the judicial
system and a realization of their roles in the community.
2. The community will benefit from this interaction in that, through Teen Court, the
community is afforded a unique opportunity to become involved in the education of juvenile
offenders, as well as juvenile volunteers. Teens, through their active involvement, are afforded a
Page 3
way to learn how our system of justice works and to realize their roles in the community.
3. A Teen Court Advisory Board shall be appointed by the respective governing bodies
comprised of two (2) from each participating city and two (2) from each participating school district,
as each so chooses. The role and duties of the Teen Court Advisory Board shall be established by
the Municipal Court Judges in the participating cities.
4. The City of Southlake shall employ an administrator to administer and coordinate the
activities of the METROPORT Teen Court program.
5. This Agreement shall be executed in separate counterparts for each participating city
and school district, which counterparts shall be valid and binding as if the original. Each
participating city and school district, as its contribution for participating in the METROPORT Teen
Court Program, shall pay to the City of Southlake $18,925 upon commencement of this Agreement.
It is expressly agreed that the payment of each counterpart fairly compensates Southlake for the
performance of services contemplated under this Agreement. Each participating city and school
district shall make this payment from current revenues available to the city or school district.
6. The Teen Court Coordinator shall be an exempt employee for purposes of Fair Labor
Standards Act (FLSA) coverage.
7. The scope of responsibilities of the Teen Court Coordinator shall be established by
the City of Southlake.
8. This contract shall be for the period of one (1) year beginning October 1, 2001.
9. Any party hereto may terminate its participation in this agreement without recourse
or liability upon thirty- (30) days written notice to the other party.
Page 4
ATTEST:
Carroll Independent School District
City Secretary, City of Colleyville
City Secretary, City of Grapevine
City Secretary, City of Southlake
Approved as to form and legality:
City Attorney, City of Colleyville
City Attorney, City of Southlake
Page 5
Mayor, City of Colleyville
Mayor, City of Grapevine
Mayor, City of Southlake
City Attorney, City of Grapevine
Attorney, Carroll Independent
School District
City of Southlake, Texas
MEMORANDUM
September 26, 2001
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety (Ext. 2421)
SUBJECT: Request for a variance to Sign Ordinance No. 704-A for Stan Ley Cleaners
located at 2301 W. Southlake Boulevard, Suite 100.
Action Requested: City Council consideration of a variance to Sign Ordinance 704-A.
Background
Information: Stan Ley Cleaners is a retail business located at 2301 W. Southlake Boulevard,
Suite 100.
Danny Hall of Progressive Signs, on behalf of Stan Ley Cleaners, is requesting
two variances; (1) increased letter height on a second primary sign, (2) to
install a third sign (in addition to an approved initial sign) as shown on the
attached plans. The first issue would vary the following sections of Sign
Ordinance No. 704-A:
• Section 16.A ATTACHED SIGN
• A.2. Minimum / Maximum Letter / Logo Height: The minimum letter /
logo height is six (6) inches. The maximum height allowed for letters or
logos is based on the following criteria:
Distance From Right of Way
Less than 100 ft.
Maximum Letter / Logo Height
12 inches
The distance from right of way of the proposed sign facing Southlake Blvd. is
fifty-four (54) feet, eight (8) inches: allowing a letter height of twelve (12)
inches. The variance request for the proposed sign is for 18 inch letters, an
increase of fifty per cent.
The second part of the request (for the third sign) would vary the following
section.
• A.4. NUMBER OF SIGNS: Only one attached sign per lease space shall
be allowed along each street frontage on any site, unless otherwise
specifically provided in this ordinance. No more than two (2) attached
signs shall be allowed per lease space.
1
Billy Campbell
September 26, 2001
[( Page 2
fir•
Financial
Considerations:
Citizen Input/
Board Review:
Legal Review:
Alternatives:
Supporting
Documents:
Staff
Recommendation:
RB/sv
The variance request for the second proposed sign would become the third sign
on the building. This location is permitted one sign facing Davis Blvd. and
one facing Southlake Blvd. The requested additional sign would face Wendy's
lot.
Not Applicable
No citizen input has been received. Not subject to any Board review.
None
The council may approve the request, deny the request, or approve it subject to
whatever conditions they deem appropriate.
Variance Application Form
Site Plan
Ordinance No.704-A, Sections 16.A. 2.4.
Photo Rendition
Place the variance request on the October 2, 2001 City Council meeting for
disposition.
F)
The following sections have been excerpted from the Sign Ordinance No. 704-A
SEC.14 VARIANCES
The City Council may authorize variances to any restriction set forth in this ordinance, including but
not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the
sign permitting process. In granting any variance, the City Council shall determine that a literal
enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the
applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the
affected property and is not self-imposed, that the variance will not injure and will be wholly
compatible with the use and permitted development of adjacent properties, and that the granting of
the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may
request a variance from the Sign Ordinance by filing the request with the Building Official. Any
request for variance shall be accompanied by a completed application and a non-refundable filing fee
in the amount specified in the current fee schedule adopted by City Council.
SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS
A. ATTACHED SIGN
1. GENERAL: Unless otherwise specifically provided, the regulations set `forth in this
subsection shall be applicable to all attached signs which are allowed under this ordinance.
Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility
poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting
of signs on buildings shall be prohibited except for signs less than a three (3) square foot area
used for building identification.
2. MINIMUM MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for
letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall
be based on the following criteria:
Distance From R.O.W. *
Less than 100 ft.
101 - 150 ft.
151 - 200 ft.
201 - 250 ft.
251 - 300 ft.
301 and greater
Maximum Letter/Logo Height
12 inches
18 inches
24 inches
30 inches
36 inches
42 inches
• - For any lease space which does not front on a street, the maximum letter/logo height shall be based on
the distance from the vehicular driveway access (see Appendix `B' for further clarification).
3
4� NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each
street frontage on any site, unless otherwise specifically provided in this ordinance. A
secondary sign may be permitted at a public entrance, provided the entrance is on another side
of the building, but shall be limited to twenty-five percent (25%) of the primary or permitted
sign size, whichever is more restrictive. The six (6) inch minimum letter/logo height will not
apply to these secondary signs. No more than two (2) attached signs shall be allowed per
lease space. Attached signs shall be located within the first story of the main exterior entrance
for a building or lease space (see Appendix `B' for further clarification).
4
CITY OF SOUTHLAKE
SIGN VARIANCE APPLICATION
APPLICANTdifferent)
NAME:_A
- -
/..l lk y
PHONE:'27 51. Z2t2_8
FAX: ��-2233 1r3 Z4(to, B418
The following information pertains to the location for which the variance is requested
NAME OF BUSINES!
STREET ADDRESS:
LEGAL DESCRIPTION:
ke
Lot 5R!q'F2.Block- i'1R Subdivision 'fDo@r
I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as
summarized below. I er understand that it is necessary to have a representative at the City Council
meeting who is author; t discuss is request. q
Applicant's signatur . Date:
The following checklist is a summary of requirements for sign variance requests as required by
the City of Southlake. The applicant should further refer to the Sign Ordinance No.704 and
amendments, and other ordinances maps, and codes available at the City Hall that may pertain
to this sign variance request.
—14
Completed sign variance request application.
—� Completed demonstration of conditions applicable to the requested variance (see
attached.) .
l�
Site plan showing the location of the sign variance request and any other signs that conform to
or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped
areas, parking & approaches and adjoining street R. 0. W.
V
Scaled and dimensioned elevations of the signs for which the variance is
requested. For attached signs, the elevations shall show the building, the sign
for which the variance is requested, and any other signs that conform to or are
exempt from the sign ordinance.
Demonstration
Please demonstrate that the following conditions are applicable to the requested sign variance:
1' That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical
difficulty on the applicant S►, =� f
Ills
J
2 . That the situation causing the unnecessary hardship or practical difficulty is unique to the affected
property and is not self imposed.
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3. That the variance will not injure and will be wholly compatible with the use and permitted
development of adjacent properties.
,4 L6o a,j /Y
v
4 • That the variance will be in harmony with the spirit and purpose of the sign ordinance.
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Demonstration
Please demonstrate that the following conditions are applicable to the requested sign variance:
1' That a literal enforcement of the sign regulation will crate an unnecessary
hardship or practical difficulty on the applicant
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2. That the situation causing the unnecessary hardship or practical difficulty is
unique to the affected property and is not self imposed..—
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3. That the variance will not injure and will be wholly compatible with the use and
permitted development of adjacent properties.
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4 • That the variance will be in harmony with the spirit and purpose of the sign
ordinance. A,/a /
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13
City of Southlake, Texas
MEMORANDUM
September 26, 2001
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety (Ext. 2421)
SUBJECT: Request for a variance to Sign Ordinance No. 704-A for Burger King located at 125 N.
Kimball Ave.
Action Requested: City Council consideration of a variance to Sign Ordinance 704-A.
Background
Information: Burger King is a restaurant located at 125 N. Kimball Ave.
Mike Ortego, on behalf of Burger King Corp., is requesting a variance to install two
signs as shown on the attached plans. This would vary the following sections of Sign
Ordinance No. 704-A.
• Section 16.A ATTACHED SIGN
A.2. MINIMUM / MAXIMUM LETTER / LOGO HEIGHT: The proposed signs
are two circular logos containing the words Burger King sandwiched between two
halves of a hamburger bun encircled by a curved accent feature. One logo is a six
(6) foot diameter circle to be attached on the west side of the building. The
R.O.W. setback for the west side is 31.5 feet and is allowed 12 jnch letter/logo
height by ordinance. The second logo is a four (4) foot diameter circle to be
attached to the north side of the building. The north side has no street frontage
and thus has no allowable letter / logo height .
A.4. NUMBER OF SIGNS: "Only one sign per lease space shall be allowed
along each street frontage on any site... " The Burger King site has only one street
frontage. It is located along N. Kimball Ave. which is the proposed location of
the six (6) foot diameter logo. The four (4) foot logo is to be to be attached to the
north side of the building which faces an entry drive but has no street frontage and
thus would not normally be allowed.
Note: The west side of the building presently has a legally sized attached sign
which would be removed for placement of the proposed six (6) foot logo.
Financial
Considerations: Not Applicable
Citizen Input/ ,
Board Review: No citizen input has been received. Not subject to any Board review.
1
Billy Campbell
September 26, 2001
Page 2
Legal Review:
Alternatives:
Supporting
Documents:
Staff
Recommendation:
RB/sv
None
The council may approve the request, deny the request, or approve it subject to
whatever conditions they deem appropriate.
Variance Application Form
Site Plan
Ordinance No.704-A, Section 16.A.2.4.
Photo Rendition
Place the variance request on the October 2, 2001 City Council meeting for
disposition.
2
The following sections have been excerpted from the Sign Ordinance No. 704-A
SEC.14 VARIANCES
The City Council may authorize variances to any restriction set forth in this ordinance, including but not
limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign
permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the
sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation
causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-
imposed, that the variance will not injure and will be wholly compatible with the use and permitted
development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and
purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request
with the Building Official. Any request for variance shall be accompanied by a completed application and a
non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council.
SEC. 16 PERMF17ED SIGN STRUCTURES AND GENERAL REGULATIONS
A. ATTACHED SIGN
GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be
applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light
fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone
poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3)
square foot area used for building identification.
2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be
six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria:
Distance From R.O.W. *
Less than 100 ft.
101 - 150 ft.
151 - 200 ft.
201 - 250 ft.
251 - 300 ft.
301 and greater
Maximum Letter/Logo Height
12 inches
18inches
24inches
30 inches
36 inches
42 inches
* - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the
distance from the vehicular driveway access (see Appendix `B' for further clarification).
4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on
any site, unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public
entrance, provided the entrance is on another side of the building, but shall be limited to twenty-five percent
(25%) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter/logo
height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease
space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease
space (see Appendix `B' for further clarification).
3
NAME:
ADDRESS:
PHONE:
FAX:
CITY OF SOUTHLAIE
SIGN VARIANCE APPLICATION
APPLICANT
Or rJF1 v
OWNER (if different)
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$.30o FRaR.5
77r?6/3S _
A zJ4f-2,77.03c7-3
'2-t4-2-7-7- fIlt
The following information pertains to the location for which the variance is requested
NAME OF BUSINESS OR OPERATION: k/A,16
,
STREET ADDRESS: (L S A/ , k 1 M.$A L 14 V, svu, 7)( 7 6 0 9 7-
1
LEGALDESCRIPTION: Lot 3 Block- Subdivision KJM .1 Kl9 �c r o4
I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as
summarized below. I further understand that it is necessary to have a representative at the City Council
meeting who is authorized to dis S5 this r uest. `
c
Applicant's signature: O _Date:
The following checklist is a summary of requirements for sign variance requests as required by
the City of Southlake. The applicant should further refer to the Sign Ordinance No.704 and
amendments, and other ordinances maps, and codes available at the City Hall that may pertain
to this sign variance request.
Completed sign variance request application.
Completed demonstration of conditions applicable to the requested variance (see
attached.) .
Site plan showing the location of the sign variance request and any other signs
that conform to or are exempt from the sign ordinance. The site plan shall also
indicate the building, landscaped areas, parking & approaches and adjoining
street R. 0. W.
Scaled and dimensioned elevations of the signs for which the variance is
requested. For attached signs, the elevations shall show the building, the sign
for which the variance is requested, and any other signs that conform to or are
exempt from the sign ordinance.
4
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Demonstration
Please demonstrate that the following conditions are applicable to the requested sign variance
1' That a literal enforcement of the sign regulation will crate an unnecessary
hardship or practical difficulty on the applicant '( �c.� {,(uEit�. allay
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2 • That the situation causing the unnecessary hardship or practical difficulty is
unique to the affected property and is not self imposed.
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3 • That the variance will not injure and will be wholly compatible with the u e and
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4 • That the variance will be in harmony with the spirit and purpose of the sign
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