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2001-12-18 CC PacketCity of Southlake, Texas MEMORANDUM December 14, 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 December 18, 2001. Postponement of the TIRZ Board Meeting on December 18th - We had scheduled this meeting with the hope that Director of Finance Sharen Elam would be back in the office after her recent surgery; however, Sharen's recovery is taking a little more time and she would be unavailable to review the 2001 Annual Report with you in the detail that the item deserves. As there were no other pressing agenda items for this meeting, I have instructed staff to postpone this session with you until January when everyone is back in pocket. Staff has contacted the other directors and informed them of this development, and in the course of speaking with the other directors we learned that we may not have had a quorum for the Tuesday meeting. Please contact John Eaglen with questions or comments. Agenda Item No. 5A. Approval of the minutes of the Regular City Council meeting held Nov. 26, 2001. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. Agenda Item Nos. 5B — 5E. Facilities Utilization Agreements. Facilities utilization agreements are entered into each year with the various youth sports associations that the City provides facilities for — baseball, girls softball, soccer and lacrosse (new association this year). The agreements address such issues as season dates, insurance requirements, hours of play, field maintenance, field requirements, and concession stand use. The Parks and Recreation Board recommended approval (7-0) of the agreements at its Nov. 12, 2001 meeting. Related item on Grapevine-Southlake Soccer Association Facilities Utilization Agreement: The staff held a meeting for SPIN #1 on Wednesday, Dec. 5 to discuss the proposed lighting for the Bob Jones Park soccer fields and the related variance requests. During the meeting, the topic of hours and days lights would be used was discussed. Staff noted this was delineated in Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 2 of 19 the Facilities Utilization Agreement. During the meeting, GSSA President Tony DeBruno explained the association's intent on field usage and indicated he was agreeable to further restricting the hours of play specified in the FUA. Since that meeting, Mr. DeBruno has told staff he prefers that the FUA language be kept as is to avoid future problems (e-mail included with this packet item). He also has provided a schedule of his intended usage of the fields. At its regular meeting on Monday, Dec. 10, while briefing the Park Board on the SPIN meeting during the administrative comments portion of the agenda, a number of Park Board members indicated they did not agree with more restrictive language. They favored keeping the language specifying the hours of play in the Soccer FUA, the same as the ball associations agreements. (Board member Lisa Stokdyk offered no opinion and Board member Cara White did not arrive until later.) The Board asked staff to convey its thoughts to City Council and that, if necessary, the Soccer agreement be remanded to Park Board for formal recommendation. Please contact Kevin Hugman with any questions you may have. Agenda Item No. 5F. Authorize the Mayor to execute a Commercial Developer's Agreement for Lot 7, Block 1, Clariden Ranch, Phase III (The Clariden School). The final plat for Lot 7, Block 1, Clariden Ranch Phase III, (The Clariden School) on North White Chapel Boulevard across from Bob Jones Park was approved on August 23, 2001. The developer's agreement covers the following public facilities being constructed by the developer: left turn lane on North White Chapel Boulevard, approximately 400' of Clariden Ranch Road; drainage improvements within the public right of way; and public water and sanitary sewer lines. Construction plans have been approved. The park fee is $17,600. Water, sewer and roadway impact fee will be paid at the time of building permit request. If you have any questions, contact Pedram Farahnak. Agenda Item No. 5G. Ordinance No. 813, Is'reading, changing the street name of Nolan Drive to S. Nolen Drive from Grapevine city limit to Crooked Lane. Nolan Drive runs from Crooked Lane south Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 ( Page 3 of 19 to the city limits within the Cornerstone Business Park. Cornerstone Business Park Phase 1 was platted in 1998. The plat was filed with the street name inadvertently misspelled as Nolan; however, the construction plans were approved with the street name spelled Nolen. Therefore the street signs were installed with the spelling as Nolen. The intent of the developer of Cornerstone Business Park, GenCap Partners, LP, was that this street would at some future date connect to the existing street in the City of Grapevine called Nolen Drive. Nolan Drive currently has three addresses on it. GenCap Partners, the developer, has formally requested that street name be changed to reflect the correct name. The current tenants in Cornerstone Business Park Phase I are using Nolen as their address. To keep the name consistent with the two other segments of this street that have been platted north of Crooked Lane to SH 114, it is recommended that Nolan be changed to Nolen Drive. If you have any questions, contact Pedram Farahnak. Agenda Item No. 5H. Award the bid to Wilson Contractor Services, L.L.P for the construction of SH 114 Utility Relocations at Highland, White Chapel, and Carroll and approve Change Order No. 1. The City Council approved funds for the design and construction of utility relocations required as part of the SH 114 widening in the FY2000-01 CIP. Construction plans and specifications were subsequently prepared by Cheatham & Associates and reviewed by staff for this project. This project includes relocating portions of 12-inch and 20-inch water lines that cross SH 114 at Carroll and White Chapel, as well as relocating a water line that runs along SH 114 between Highland and Carroll. Staff also recommends executing a change order to install ductile iron pipe for the 20-inch line, as opposed to reinforced concrete cylinder pipe. This product will be much easier to maintain in the future. Bids were received on Nov. 14, 2001. Eight bids were received, with Wilson Contractor Services being the low bidder. The bids have been reviewed by Cheatham & Associates and city staff, and are tabulated as follows: Wilson Contractor Services, L.L.0 SRO General Contracting U.U.S, Inc. Pate & Pate, L.L.0 Wright Construction Co. $ 823,275.00 $1,100,000.00 $1,169,590.91 $1,190,260.50 $1,282,854.00 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 4 of 19 Mid -State Utilities, Inc. Hall Albert Construction Co. Atkins Bros. Equipment Co. Funds for the construction are available as follows: $1,292,390.50 $1,324,322.26 $1,485,679.35 FY2000-01 SH114 Utility Relocations $735,041.29 (Current Balance is $735,041.29) 30/36" Transmission Line $174,630.71 (Current Balance is $2,666,098.00) Total: $909,672.00 If you have any questions, contact Pedram Farahnak. Aizenda Item No. 5I. Authorize the Mavor to enter into an Interlocal Agreement with the Citv of Grapevine for animal control services. The Department of Public Safety has responsibility for enforcement of animal control ordinances within the City. This year's budget included a Field Services Officer whose primary duties will include animal control. Certain services, such as shelter services, adoption services, euthanasia, and rabies quarantine and testing are still needed. The current agreement with the City of Grapevine for animal control services provides that Southlake will pay a portion of Grapevine's entire animal control budget based on the percentage of use. This past year our percentage amounted to $57,566. Much of this use is Grapevine Animal Control officers responding to calls in Southlake. Since our new Field Services Officer will be responding to the majority of calls, this percentage formula agreement is now not in our best interest. The new agreement is a cost- for -service agreement with a fee schedule for various services. Based on previous usage and the Field Services Officer's ability to handle many calls, we estimate the cost under the new agreement to be less than $15,000 annually. If approved, the agreement will commence on January 1, 2002. We will still be liable for the percentage -of -use formula for the October through December time period. Grapevine will still respond when necessary if our Field Services Officer is unable to do so. If you have any questions, contact Rick Black. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 ( Page 5of19 Agenda Item No. 5J. Authorize the Mayor to enter into a lease agreement with Harley-Davidson of Dallas for seven police traffic motorcycles. The Department of Public Safety uses seven Harley- Davidson motorcycles for traffic enforcement, response to accidents and other calls for service. Previously conducted cost analysis has shown that it is more cost effective to lease these vehicles with maintenance included than to purchase and maintain them internally. Harley-Davidson of Dallas was the only bidder because of the inclusion of maintenance in the agreement. Our current lease, also with Harley-Davidson of Dallas, expired on Dec. 15, 2001. The cost of $299 per month is the same as last year's cost. The total cost of the lease is $25,116 for the year. Adequate funds were budgeted for this expense. If you have any questions, contact Rick Black. Agenda Item No 5K Award of bid to Dallas Desk Inc. for furniture for the West DPS facility. In August 2001, staff began developing the specifications for the furniture needs of the DPS West Facility and spent considerable time and effort developing bid specifications based on the particular furniture manufacturer, style, and color that would best fit the style of the building and provide the longest useful life. A bid opening was held on Dec. 3, 2001 with three bids received. Dallas Desk, Inc. was the only vendor to bid the complete package and was the only bidder providing the specific furniture listed in the bid specifications. Staff recommends council award the bid for furniture for the West DPS facility to Dallas Desk, Inc. for the amount of $68,700.85. If you have any questions, contact Rick Black. Agenda Item No 5L ZA 01-114 Plat Revision of Lots 1R 2R, and 3R, Block 4, Cornerstone Business Park. The property is located between Silicon Drive, Nolan Drive, and Exchange Boulevard. The purpose of this request is to replat five lots into three and abandon easements located along the existing lot lines. There are no unresolved issues related to this request. The Planning and Zoning Commission recommended Approval (6-0) on Dec. 6, 2001, subject to the Plat Review Summary. If you have any questions regarding this item, contact Bruce Payne. Agenda Item No 7A Ordinance No 480-221 A 2nd Reading ZA 01-032, Rezoning and Revised Concept Plan for Aventerra Southlake, Tract II. The property is located north of State Highway 114 between North White Chapel Boulevard and North Carroll Avenue. The purpose of this request is to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 6of19 incorporate newly acquired tracts of land into the NR-PUD, and revise parcel boundaries and permitted uses within the district. The primary changes from the existing NR-PUD to the proposed NR-PUD are as follows: • Addition of approximately 10 acres of land located along SH 114 and at the northeast corner of North White Chapel Boulevard and SH 114. • Change in parcel boundaries • Creation of a new parcel boundary • Deletion of Retail Commercial and Hotel District uses ("C-1", 44C-211, "C-3", "HC" ) from Parcel C • Deletion of various district uses The Planning and Zoning Commission recommended approval (6-1) on Nov. 8, 2001, subject to the review summary and requiring a 300' setback along Carroll Avenue. Commissioner Jones dissented, disagreeing with the 300' setback requirement. The City Council approved on first reading (7-0) on Nov. 26, 2001, subject to review summary and requiring a 300' setback subject to City Council discretion. There have been no changes since the last Council meeting. If you have any questions regarding this item, please contact Bruce Payne. Agenda Item No. 7B. ZA 01-033, Preliminary Plat for Aventerra Southlake Tract II The property is located north of State Highway 114 between North White Chapel Boulevard and Carroll Avenue. The purpose of this request is to plat the property for subdivision, and allocate major street and easement locations. A preliminary plat approval is required prior to any final plat approval. The Planning and Zoning Commission recommended approval (6-1) on Nov. 8, 2001, subject to the review summary and requiring a 300' setback along Carroll Avenue. Commissioner Jones dissented, disagreeing with the 300' setback requirement. The City Council voted to table (7-0) at the applicant's request to the Regular City Council meeting to be held on Dec. 18, 2001. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 7 of 19 The applicant appeared before the Park Board on Dec. 10. The Park Board recommended that park fees be paid rather than to accept land dedication for the first phase of the project to be final platted. The first phase is estimated to be approximately 7 acres. The Park Board recommended that the developer return to the Park Board with development of future phases to further evaluate land dedication. There have been no changes since the last Council meeting. If you have any questions regarding this item, please contact Bruce Payne. Agenda Item Nos. 7C — 7J 2nd Reading International Codes. Since the early 1900s, three sets of building codes have existed within the United States, including the Uniform Codes, the Southern Standards and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code used by cities in this region of the United States, including the City of Southlake. The codes were routinely reviewed and the updated versions adopted by the city. Approximately a decade ago, a nationwide effort emerged to begin to process of unification of the codes into a single comprehensive set of codes called the International Codes. Southlake began the transition to the International Code concept several years ago through the adoption of the National Electrical Code and more recently through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today As a part of this development process locally, the North Central Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.) to develop standardized as many regional amendments and adoption recommendations as practical and possible. Staff representatives from Southlake sat on several of the committees, allowing significant input into the final regional recommendations. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to unify the codes through the statewide adoption of the Residential Code, and we have discussed issues with our local builders as well. During the most recent session of the State Legislature, laws were passed that require all cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code and to begin enforcement of the energy code by Sept. 1, 2002. It also Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 8 of 19 authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. Because the I Codes are designed to work together, it is important to adopt the codes as a package including: International Building Code, International Residential Code, International Fire Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, and National Electrical Code. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the changes, as compared to existing codes, are not substantive. According to the most recent survey published by NCTCOG on Nov. 2, 2001, the 2000 I Codes have been adopted by the following jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, and Westworth Village. Many other cities are in some stage of final review and adoption. This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. If you have any questions, contact Rick Black. Agenda Item No 7K Ordinance No 808 2nd reading abandoning a portion of the public right-of- way for Crooked Lane within the Cornerstone Plaza Addition from FM 1709 to approximately 466 feet south and authorizing the Mayor to execute a quit claim deed. The final plat for South Nolen Drive from FM 1709 to Crooked Lane was approved on Dec. 7, 2000. The preliminary plat for Cornerstone Plaza Addition, a 9.5543-acre tract located at the southwest corner of FM 1709 and South Nolen Drive, was approved on Feb. 20, 2001. The preliminary plat includes abandoning a portion of Crooked Lane from FM 1709 to 466 feet south. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 9 of 19 The developer has substantially completed the construction of South Nolen Drive between FM 1709 and Crooked Lane. The contractor is completing work on the punch list and second reading of the ordinance will be delayed if the street is not 100% complete and open to traffic. All existing utilities located within the right-of-way of this section of Crooked Lane have been relocated to the new South Nolen Drive right-of-way. It was understood at the time the preliminary plat was approved that the old Crooked Lane right-of- way within the Cornerstone Plaza Addition would be abandoned when the new section of South Nolen Drive was completed. The developer is now requesting that the City abandon the old right-of-way of Crooked Lane. The area of right-of-way to be abandoned contains 29,177 square feet. Ordinance No. 808 was approved on first reading by the City Council on November 26, 2001. Agenda Item No 7L ZA 01-119 Revised Site Plan for Proposed Block 23 Southlake Town Square, Phase 3. This property is located on the north side of East Southlake Boulevard (FM 1709) approximately 900' west of Village Center Drive. This is in the far southeast corner of the Town Square PUD boundary next to PetSmart and the former Room Store. This proposal revises the previously approved plan containing approximately 30,000 square feet of retail/office space that also contained a drive -through bank. The revised plan proposes approximately 49,000 square feet of retail/office space. Blue Mesa Grill and Pei Wei restaurants are included in the proposal. Blue Mesa serves southwestern cuisine and Pei Wei serves Asian cuisine. Pei Wei is an offshoot of P. F. Chang's China Bistro. The following variances are requested: • Building articulation. • Allow use of synthetic masonry product in excess of 80% on facades not facing a public street. • Relief from required bufferyards along interior lot lines. • Deferral of required bufferyard along the north boundary until construction on Block 22. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 10 of 19 • Allow bufferyard plantings similar to Phase I • Driveway stacking depth. • Pitched roof requirement for building footprints 6,000 square feet or less. These variances are common to the Southlake Town Square development because of its architecture and landscape style. The Planning and Zoning Commission recommended approval (6-0) on Dec. 6, 2001, subject to the review summary and granting requested variances. If you have any questions regarding this item, please contact Bruce Payne. Agenda Item No. 7M. ZA O1-120 Revised Preliminary Plat for proposed Block 22 and 23, Southlake Town Square. This is the preliminary plat for the previous item on your agenda. This plat also includes the block to the north because of a boundary adjustment between the two blocks. The purpose is to subdivide Block 22, the south block, to allow each building to be on its own lot. There are no significant issues regarding this item. The Planning and Zoning Commission recommended approval (6-0) on Dec. 6, 2001, subject to the review summary. If you have any questions regarding this item, please contact Bruce Payne. Agenda Item No 8A Ordinance No. 480-385 ls` reading ZA 01-106, Rezoning and a Site Plan for "S-P-l" Detailed Site Plan District with "I-1" uses to include automobile service and oil and lube shop. The property is located at 955 Davis Boulevard in the North Davis Business Park at the southeast corner of Davis and Greenbriar. This site is directly north of the Mirage Car Wash. The applicant proposes a 2,500-square-foot automobile service, oil and lube shop with three service bays. The general service is limited to maintenance and minor repair as specified in the applicant's proposed uses. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 11 of 19 The primary issue during the P&Z hearing was the request for another driveway on Davis Boulevard. The applicant has concerns about the site not having its own driveway for access. The applicant also proposes joint uses of the existing Mirage driveway to the south and an adjacent driveway to the east that accesses Greenbriar. To satisfy the applicant's need to have its own access, the Commission recommended that instead of another drive onto Davis, that they try to get Mirage Car Wash to agree to move its driveway to the common property line of the properties. The applicant has spoken with Mirage Car Wash and they are in agreement with moving the driveway to the common property line. As part of the development regulations, the applicant is requesting that no pitched roof be required and that the bufferyard adjacent to the Mirage Car Wash be a 10' Type `A' rather than a 10' Type `F1'. The 10' `F1' bufferyard would require a 6' wood stockade fence be provided between the two properties. The 10' Type `A' would not. The Planning and Zoning Commission recommended approval (5-1) subject to the review summary, specifically approving development regulations as proposed and specifically denying driveway variance requests. Recommending the granting of a variance for a joint use drive at the common property line between this facility and Mirage Car Wash, abandoning the existing driveway and waiving the required bufferyard on the southwest corner of the property where the joint use drive would be, if agreed to by Mirage Car Wash. If agreement is not met, allowing joint drive on south end as shown. If you have any questions regarding this item, please contact Bruce Payne. Agenda Item No. 8B. ZA 01-107, Plat Revision of Lots 46R1 and 46R2, Block 4, Cross Timber Hills. The property is located at 1371 Lakeview Drive. The purpose of this request is to subdivide the property into two lots. The plat is in compliance with all applicable City ordinances. There were a few neighboring property owners opposed to the request. One neighbor said that the subdivision would violate the deed restrictions and covenants on the property. We have not been able to confirm whether or not this is true. 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In addition, recognizing that lighting issues would be especially sensitive to the Bob Jones Park area, a "control link" system will be purchased, allowing the City to access the automatic timer system through a telephone link or the Internet. This will allow much better control of lighting operation over the mechanical timers currently used at Bicentennial Park. SPDC will consider the award of contract at its meeting prior to the City Council meeting. Staff recommends the award of contract to Musco Sports Lighting in the amount of $371,551.65 with a project contingency of $3,448.35 for a total project cost of $375,000. Please contact Kevin Hugman with any questions you may have. Agenda Item No. 10E. Town Hall parking lot reimbursement. In your packet you will find a copy of a letter to Brian Stebbins including an invoice for parking lot reimbursement. I met with Sharen Elam and Pedram Farahnak to go over the backup information on this issue, and we feel comfortable with the figures. If you have any questions, contact me. Water Purchase Contract with City of Fort Worth. The City's current water purchase contract with the City of Fort Worth will expire on June 24, 2002. On Oct. 4, 2001, I forwarded a letter to the Fort Worth City Manager, Gary Jackson and requested that Southlake be provided with a draft of a new contract at least 180 days prior to the expiration date of our contract so we could review and present to City Council for consideration. We received a response from Fort Worth on Nov. 20, 2001 (see letter dated Oct. 23 attached to my memo). The City of Fort Worth has firmly denied any negotiations for a new water purchase contract until any and all water connections to AquaSource's distribution system in Lakewood Ridge and Indian Creek Estates have been permanently removed. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 16 of 19 In compliance with Fort Worth's demand and your previous direction, the Public Works Department has removed the two water meters and the water connections to both of these subdivisions. We also have informed the residents in writing of the removal of these two water connections. Contact Pedram Farahnak if you have any questions. Renewal of Refuse and Recyclables Collection Contract. The current term of the refuse and recycling contract with Trinity Waste Services will end on May 1, 2002. The Public Works Department staff has been diligent in collecting valuable information about Southlake's past disposal practices and interviewing service providers and users to get the best deal for Southlake. The staff also has received valuable input from Councilmembers Patsy DuPre and Ralph Evans concerning the current and future needs of Southlake. After considerable research, the Public Works staff is recommending renewal of the current contract for an additional five years as provided within the current contract. The reason for this recommendation is a very low level of complaints from customers and a rate increase of only 30 cents per month over the past 10 years. As a strong expression of interest, Trinity Waste Services has proposed not to ask for any rate increase during the next two years and to cap future increases, if any, to a maximum amount not exceeding 3%. Attached is some interesting material about Southlake's past disposal and growth pattern for your review. We will include this item on the next council agenda for your consideration. Contact Pedram if you have any questions. FM 1938 Update. On Thursday, Dec. 13th, the Texas Transportation Commission (TTC) approved a Minute Order giving the proposed extension of FM 1938 along the Randol Mill right-of-way Priority II funding status and Farm to Market designation. This is essentially everything that Metroport Cities asked for in its request and presentation to the TTC last September. Therefore, the proposed extension of FM 1938 is now officially a TxDOT highway project, although it is not yet funded. Priority II funding status is for projects that are approved by the TTC, but funding has yet to be identified. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 17 of 19 The next step in this process will be for the three participating communities - Southlake, Keller, and Westlake — to each adopt a resolution accepting the TTC's Minute Order. We will have a resolution prepared for Council's consideration at the regular meeting on Jan. 7, 2002. Also, NCTCOG will have to amend its highway project list to include the FM 1938 project in order to make the project eligible for matching federal funds should the need arise. Previous discussions with Michael Morris of NCTCOG have indicated that including the project would be a simple matter on their part and would not require any direct interaction by the participating communities. We will send an official letter via first class mail to all of the property owners along Randol Mill notifying them of the most recent developments of this project. If you have any questions, please contact Bruce Payne. Web Site Update. Traffic continues to increase steadily on the city's Web site, Southlake On -Line. Through the end of November, we had registered nearly 450,000 page views and nearly 600,000 total hits. By comparison, we finished the 2000 calendar year with slightly fewer than 400,000 total hits. November was a record month with more than 10,000 users accumulating more than 65,000 total hits. (See report attached to my memo.) We are currently working on the Web site redesign that was approved as part of the FY2001-02 budget. Some sample pages have been developed, and an improved site structure is being developed. We plan to have some really innovative features when the redesigned site is launched next spring. If you have any ideas or suggestions, no matter how wild they might seem to you, please contact Public Information Officer James Kunke. Southlake Community Band Holiday Concert. The Southlake Community Band will present its annual Holiday Concert at 7 p.m. Sunday, Dec. 16, in the Carroll High School auditorium. Admission for this popular event is one new unwrapped toy to be given to Toys for Tots. The Southlake Community Band has been very supportive of city events this year, including performances at the Stars & Stripes festival and the Holiday Celebration. We certainly appreciate the contributions this all -volunteer group makes to the quality of life for Southlake residents. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 18 of 19 Charter Communications Internet Service. By now I'm sure all of you have heard at least a little bit about the changes in cable Internet service that have taken place not only in Southlake, but nationwide. The changes were necessary because Excite@Home, which provided Internet service for most of the nation's large cable companies including Charter Communications, filed for bankruptcy and was forced to stop operations at midnight Friday, Nov. 30. Charter has set up its own system called Charter Pipeline, and company officials report that about 95 percent of subscribers have successfully converted to the new system. Many of the subscribers still having problems were using their service for business operations, which presents a completely different set of challenges, especially since forms signed by @Home customers when they subscribed prohibited business uses. Charter officials say they are working to resolve the remaining problems, and also plan to have a separate business package available for subscribers early next year. Some residents have called city offices wanting to know why we "allowed" Charter to make these changes. We have explained to them that high-speed data services are not regulated under the company's cable franchise with the city, and that federal law does not award any authority to local governments in this area. City staff members have tried to intervene on behalf of residents with continuing problems, but our options are limited because of the restrictions contained in federal law. If you have any questions about this or other Charter Communications topics, please call Public Information Officer James Kunke. FYI: • TxDOT has notified us that Dove Street at SH114 is reopened to traffic; however, the westbound entrance ramp is not yet opened. • Allen Taylor has informed me that Judge McGrath has set Feb. 4, 2002 as the trial date for Hanson Aggregate Central, Inc. v City of Southlake. • Included with my memo is a letter from Leach & Ames concerning the Clariden School and its explanation for not participating with the City in joint use of school facilities. • Note that our fire station is participating in the Holiday Food Drive sponsored by the Tarrant Area Food Bank. For more information, contact Rick Black. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 18, 2001 Page 19 of 19 • Staff KUDOS are included with the memo. lim StaffEztension 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 Payne, Bruce, Planning Director, 481-2036 Thomas, Charlie, City Engineer, 481-2175 Yelverton, Shana, Assistant City Manager, 481-1429 c REGULAR CITY COUNCIL MEETING: DECEMBER 18.2001 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Call to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or Immediately Following the Work Session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.086. Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subiect matter of this City Council meeting. 1. Section 551.071 Consultation with City Attorney a. Seek the advice of the City Attorney regarding City of Denton vs. Texas Utilities Company. b. Seek advice of the City Attorney regarding the regulation of alcohol sales. C. Hanson Aggregate Central, Inc., vs. City of Southlake. d. Seek the advice of the. City Attorney regarding parking agreement for Town Hall. 2. Section 551.072 Deliberation Regarding Real Property a. Discuss value of City -owned property at F.M. 1709 and Pearson Lane. b. Discuss value of City -owned property in Cimarron Acres. C. Discuss value of City -owned property on Oak Lane North. 3. Section 551.074 Deliberation Regarding Personnel Matters a. Evaluation of Council -appointed officials (City Manager and City Secretary). 4. Section 551.086 Deliberation Regarding Economic Development Negotiations a. Economic incentives for existing businesses. B. Reconvene: Action necess ary on items discussed in Executive Session. I Regular City Council Meeting Agenda Decetuber 18, 2001 Page 2 of 6 3. INVOCATION: Chaplain of the Month Coy Quesenbury, Lonesome Dove Baptist Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report D. Parks and Recreation Board Report E. Committee Reports CONSENT AGENDA All items listed below are considered to be routine by thel City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: ' A. Approval of the minutes of the City Council meeting held on November 26, 2001. B. Approval of 2002 Facilities Utilization Agreement with -Southlake Baseball Association. C. Approval of 2002 Facilities Utilization Agreement with Grapevine-Southlake Soccer Association. D. Approval of 2002 Facilities Utilization Agreement with Southlake Girls Softball Association. E. Approval of 2002 Facilities Utilization Agreement with Southlake Carroll Lacrosse Association. F. Approval of Commercial Developer's Agreement for Lot 7, Block 1, Clariden Ranch, Phase III (The Clariden School). G. Ordinance No. 813, Ist Reading, Changing the street name of Nolan Drive to South Nolen Drive from Grapevine city limit to Crooked Lane. (Public Hearing set for January 7, 2002) H. Award of bid to Wilson Contractor Services, L.L.P., for the construction of State Highway 114 Utility Relocations and approve Change Order No. 1. I. Authorize the Mayor to enter into an Interlocal Agreement with the City of Grapevine for Animal Control Services. Regalar City Council Meeting Agenda ecember 18, 2001 Page 3 of 6 J. Authorize the Mayor to enter into a Lease Agreement for seven police traffic Y �' motorcycles between Harley-Davidson of Dallas and the City of Southlake. K. Award of bid to Dallas Desk, Inc., for furniture for the West DPS facility. L. ZA01-114, Plat Revision for Lots 1R, 2R, and 3R, Block 4, Cornerstone Business Park, located between Silicon Drive, Nolan Drive, and Exchange Boulevard. Current Zoning: "I- I" Light Industrial District. SPIN Neighborhood V. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-221A, 2nd Reading (ZA01-032) Rezoning and Revised Concept Plan for Aventerra Southlake, Tract H, being 281.41- acres located north of State Hiehwav 114 between North White Chanel Boulevard and Carroll Avenue. Current Zoning: "C-2" Local Retail Commercial District; `B-2" Commercial Manufacturing District; "AG" Agricultural District; and "NR-PUD" Non -Residential Planned Unit Development District. Requested Zoning: "NR- PUD" Non -Residential Planned Unit Development District. SPIN Neighborhood #5. PUBLIC HEARING B. ZA01-033, Preliminary Plat for Aventerra Southlake, Tract 11, being 281.41 acres located north of State Hiahwav 114 between North White .Chanel Boulevard and Carroll Avenue. Current Zoning: "C-2 Local Retail Commercial District; "B-2" Commercial Manufacturing District; "AG" Agricultural District; and "NR-PUD" Non -Residential Planned Unit Development District. SPIN Neighborhood #5. C. Ordinance No. 814, 2nd Reading, Adoption of the 1999 National Electrical Code. PUBLIC HEARING D. Ordinance No. 815, 2nd Reading, Adoption of the 2000 International Building Code. PUBLIC HEARING E. Ordinance No. 816, 2nd Reading, Adoption of the 2000 International Energy Conservation Code. PUBLIC HEARING F. Ordinance No. 817, 2nd Reading, Adoption of the 2000 International Fire Code. PUBLIC HEARING Regular City Council Meeting Agenda -fiecemtber 18, 2001 Page 4 of 6 G. Ordinance No. 818 2nd Reading,Adoption of the 2000 International p Fuel Gas Code. PUBLIC HEARING H. Ordinance No. 819, 2nd Reading, Adoption of the 2000 International Mechanical Code. PUBLIC HEARING I. Ordinance No. 820, 2nd Reading, Adoption of the 2000 International Plumbing Code. PUBLIC HEARING J. Ordinance No. 821, 2nd Reading, Adoption of the 2000 International Residential Code. PUBLIC HEARING K. Ordinance No. 808, 2nd Reading, Abandoning a portion of the public right-of-way for Crooked Lane within the Cornerstone Plaza Addition from F.M. 1709 to approximately 466 feet south and authorizing the Mayor to execute a quit claim deed. PUBLIC HEARING L. ZA01-119, Revised Site Plan for proposed Block 23, Southlake Town Square, Phase 3, located on the north side of East Southlake Boulevard (F.M. 1709) approximately 900' west of Village Center Drive. Current Zoning: "NR-PUD" Non -Residential Planned Unit Development. SPIN Neighborhood #8. PUBLIC HEARING M. ZA01-120, Revised Preliminary Plat for proposed Block 22 and 23, Southlake Town Square, located on the north side of East Southlake Boulevard (F.M. 1709) Wroximately 900' west of Village Center Drive.. Current Zoning: "NR-PUD" Non -Residential Planned Unit Development. SPIN Neighborhood #8. 8. Ordinances, first readings, and related items: A. Ordinance No. 480-385, lst Reading (ZA01-106) Rezoning and Site Plan for GWWC Investments, being 0.619 acres located at 955 Davis Boulevard in the North Davis Business Park. Current Zoning: "I-1" Light Industrial District. Requested Zoning: "S-P-1" Detailed Site Plan District with "I-1" Light Industrial District uses to include automobile service and oil and lube shop. SPIN Neighborhood #16. (Public Hearing set for January 7, 2002) B. ZA01-107, Plat Revision for Lots 46R1 and 46R2, Block 4, being 2.63 acres located at 1371 Lakeview Drive. Current Zoning: "SF -IA" Single Family Residential District. SPIN Neighborhood #12. Rlar City Council Meeting Agenda Ilecemiber 18, 2001 Inge 5 of 6 9. Resolutions: A. Resolution No. 01-072, Military Leave Policy. 10. Other items for consideration: A. Request for a variance to Sign Ordinance No. 704-A for Panda Express located at 215 N. Kimball Avenue. B. ' Variance to Lighting Ordinance No. 693-B for sports field lighting at Carroll Intermediate School located at 1101 N. Carroll Avenue. Current Zoning: "CS" Community Service District. SPIN Neighborhood #6. C. Variance to Lighting Ordinance No. 693-B for sports field lighting at Bob Jones Park located at 3925 N.. White Chapel Boulevard. Current Zoning: "AG" Agricultural District. SPIN Neighborhood #1. D. Award of contract to Musco Sports Lighting for construction of sports lighting at Bob Jones Park soccer fields and Carroll Intermediate School playing field. E. Town Hall parking lot reimbursement agreement. 11. Other items for discussion: (No items this agenda.) 12. Meeting Adjourned. CERTIFICATE I.hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, oq aiday, December 14, 2001, at 6:00 p.m., pursuant to the Texas Government Code, Chapt9lr1XLA0 ••,_ Sandra L. LeGrand City Secretary ,• y�-.••--- . • '• ' Ok. •s 0• a' _ • If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817.481.1519, and reasonable accommodations will be made to assist you. 14 Aftelar City Council Meeting Agenda December 18, 2001 Page 6 of 6 �EXECUTIVE SESSION SECTION 551.071 CONSULTATION WITH ATTORNEY The City Council may conduct a private consultation with its attorney when the City Council seeks the advise of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation -subjects: 1. Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000. 2. Marcus Taylor vs. City of Southlake and TRI DAL, LTD. March 2001. 3. City of Southlake vs. Timarron et.al. May 2001. 4. Oakmont Enterprises, Inc., vs. City.of Southlake. September 2001. SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT' The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. SECTION 551.086 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake, Texas MEMORANDUM December 11, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Approval of the 2002 Facilities Utilization Agreement with Southlake Baseball Association (SBA) Action Requested: City Council approval of the Facilities Utilization Agreement with the Southlake Baseball Association (SBA). Background Information: The Southlake Baseball Association (SBA) currently serves approximately 1,300 children per season between the ages of 6 and 16. Annually, the City of Southlake and SBA enter into an agreement for the use of game and practice fields for spring and fall seasons, as well as All Star tournaments. The agreement also covers the use of the baseball concession stand in Bicentennial Park. In general, the facilities utilization agreement is intended to address such issues as season dates, insurance requirements, hours of play, field maintenance, field requirements, and concession stand use, among others. Through the years, staff has reviewed other municipal field usage agreements as part of the development process for the current document. The draft agreement is also reviewed annually by staff in order to address any recent changes and is then forwarded to the Association for review and comment. Based on the review of staff and the association, changes to this year's agreement include: • Extend time for use of lights during tournament play if needed to complete started games. • Practice and game dates for the year 2002. • Minor wording modifications intended to clarify the document. Also included as part of the agreement are the general field requirements for SBA which include: • Bicentennial fields #4 - #10 • Bicentennial practice fields #1 and #2 • Durham practice field #2 • Koalaty Park practice fields #2 and #4 ■ Chesapeake practice field 11 Billy Campbell, City Manager December 11, 2001 Page 2 Financial Consideration: Not applicable. Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved (7-0) at their November 12, 2001 meeting, recommending the Facilities Utilization Agreement to City Council for approval. The Agreement has been reviewed and verbally approved by the Southlake Baseball Association. Legal Review: The proposed facilities utilization agreement is modeled after previous facilities utilization agreements, which have been reviewed by the City Attorney. Alternatives: • Council comment and input on the Facilities Utilization Agreement. • Council recommendation not to approve the Facilities Utilization Agreement as presented. Supporting Documents: • Proposed 2002 Facilities Utilization Agreement with SBA (redline/strikeout copy with changes shown) Staff Recommendation: City Council approval of the 2002 Facilities Utilization Agreement with the Southlake Baseball Association. CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2002 FACILITIES UTILIZATION AGREEMENT Lrhe parties to this agreement are the City of Southlake, Texas, herein called "CITY", and the Southlake Baseball Association, herein called "SBA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES The CITY agrees to provide game fields and practice fields as defined by Exhibit "E", SBA Field requirements. SBA shall provide field requirements and dates for Spring and Fall seasons shall be provided by SBA to CITY at least 90 days prior to opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and All Stars on the days of Monday through Sunday, with each facility usage to not begin before 4:00 p.m. on weekdays or 8:30 a.m. on Saturdays, and 12:00 p.m. on Sundays. SBA agrees to stop play (includes games and practices) by 10:00 p.m. on Sunday thru Thursday, and 11:00 p.m. on Friday and Saturday. Lights will be turned out respectively at 10 30 p.m. on Sunday thru Thursday, and 11 30 p.m. on Friday and Saturdaw.. x p on IIm s. ormsage of,. g is t>IaaY a exte sec o r Ukinameta1 v v vrrrf� jDA0 The following are approximate dates for significant activities: Spring Fall Coach Look January 26, 2002 August 17 , 2002 Practice Begins February 11, 2002 August 26, 2002 Opening Day: March 18, 2002 September 7, 2002 Bronco, Pony, Shetland Pinto, Mustang Colt, End of Regular Season May 25, 2002 November 9, 2002 All Stars June, July, first week of August None The facilities provided by this Agreement are herein called "Premises." III. FEES AND ASSIGNMENT SBA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SBA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SBA agrees to provide signs clearly indicating donations are requested only for the SBA activity occurring on Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 1 of 14 Print Date 1117/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. Premises. Access to other Premises activities shall be clearly available. SBA shall not assign this agreement nor shall it rent out any property of the CITY without prior written consent of the CITY. IV. UNLAWFUL ACTIVITIES SBA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. V. PERMISSION FOR INSTALLATION OR CONSTRUCTION SBA, in accordance with the City's Donation Policy shall submit for approval of any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. SBA is allowed a maximum of two (2) signs listing SBA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet X 8 feet). A pennant style sign will be allowed on each field that lists the previous years season winners. The signs are not to exceed the size of (3 feet X 5 feet). VI. INDEMNITY SBA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SBA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTUOUS ACTIVITY OF, OR (iiWVIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VII. FOOD SERVICE SBA shall ensure that all food or drink prepared, served, sold, or stored complies with all CITY, state, county and federal law. See attachment "F" for concession stand uses. VIII. DOCUMENTS AND OFFICERS SBA shall submit to the Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of SBA. Names, addresses and phone numbers of all officers and board members of SBA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 2 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. Southlake Parks and Recreation Division shall submit to SBA the Names, addresses and phone numbers of all appropriate contacts of the Parks and Recreation Division. IX. ROSTERS AND SCHEDULES SBA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for the season. The rosters shall be submitted within two weeks after completion of registration and the full schedule shall be submitted at least one week prior to the first reaular season name. " .A'1AEtt.JSVI17SUB1Vilif.1i' X. FIELD MANAGER SBA shall furnish the Parks and Recreation Division the name(s) and telephone number(s) of person(s) designated as field manager(s). It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The SBA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XI. INSURANCE SBA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SBA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the CITY of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SBA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000-Combined Single Limit Coverage Public Liability For Bodily Injury and Property Damage $1,000,000-On a Per Occurrence Basis, and Medical Payment Coverage All insurance policies shall be subject to the examination and approval of the Office of the CITY Manager for Southlake, for their adequacy as to content, protection and named insurance company. SBA shall furnish to CITY copies of such insurance policies within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SBA at the CITY of Southlake Park Facilities, whichever comes first. SBA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under this Article shall be cause for termination of this Agreement. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 3 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. Insurance required by this Agreement for the CITY as additional insured or an additional named insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. �BA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SBA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. XII. FIELD MAINTENANCE FEE SBA agrees to pay the CITY a field maintenance fee of $8.00 per player per season to cover costs for lighting and maintaining fields in playing condition. This fee is due to the Southlake Parks and Recreation Division within three (3) weeks after completion of re_gular registration. XIII. PUBLIC ADDRESS SYSTEM No Public address system may be used after 8:00 p.m. XIV. COMMISSIONER SBA agrees to provide a league representative on -site at each SBA organized league or tournament W game held on the premises. XV. EXHIBITS The CITY and SBA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" CITY Storage Location Assignments 4. EQUIPMENT AGREEMENT "D" 2002 Equipment List and Requirements 5. SBA FIELD REQUIREMENTS "E" 2002 Field Requirements 6. Concession Stand "F" 2002 Concession Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 4 of 14 Print Date 1117/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. XVI. SCHEDULING The CITY reserves the right to utilize the premises when SBA activities are not scheduled. If SBA fails to use the premises for its designated and scheduled activities, the CITY may terminate greement. XVII. DEFAULT If either party, CITY or SBA, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days after providing written notice to the party in default. XVIII. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the day of 2001. CITY of SOUTHLAKE by: Sandra LeGrand, CITY Secretary (IIWApproved as to form CITY Attorney Rick Stacy, Mayor CITY of Southlake Doug Jamison, President Southlake Baseball Association This Agreement approved by the Board of Directors, Southlake Baseball Association, and entered into the minutes of the Board meeting held , 2001. Secretary Southlake Baseball Association Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 5 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The CITY shall maintain the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The CITY shall perform all pre -season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs and base paths. The CITY shall build the pitcher's mound if needed. The CITY shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The CITY shall drag the infields Monday through Friday and on Saturday mornings for scheduled league play, weather permitting. The CITY will drag and line the fields for the initial game. All other games will be the responsibility of SBA. SBA shall apply water and stripe as required during Saturday games. 4. SBA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields if found to be caused by SBA. This includes but is not limited to sprinklers heads, bases, base plugs, base anchors, quick couplers, and the outfield grass apron. SBA shall leave a space of one (1) foot between all edges of the outfield when dragging the infield. 5. All equipment used by SBA must be approved by the Parks and Recreation Division and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. Only users who have attended the training and signed the waiver with the Parks Division will be able to drag the fields. 6. The CITY shall mark all foul lines. 7. The CITY shall maintain all backstops, fences, and gates. SBA will ensure that the fencing will not be used for warm-up hitting causing damage. SBA will ensure that soft toss will not be allowed except in designated soft toss areas. SBA will ensure that no pitching machines will be set up to disperse balls directly into the side of the fencing. The pitching machine can be used on Pitcher's mound, batting cage or against pitching practice fence only. Damage to fencing as a result of warm up hitting, soft toss, or other activities may result in SBA being responsible for payment of any repair to damaged fencing. 8. The CITY shall maintain all bleachers and dugout. 9. The CITY shall provide and maintain all area and ball field lighting systems. 10. The CITY shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SBA may water as needed. CITY will provide the quick coupler connections to Association at the beginning of the season. 11.The CITY shall be responsible for the maintenance of any outfield irrigation systems and watering of the outfield areas. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 6 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. 12. The CITY shall maintain the rest rooms in a sanitary condition. 13. The CITY shall be responsible for all public scoreboards and the lines leading to the scoreboards. SBA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SBA. 14.The CITY shall provide and install the home plate and base plugs and anchors. Any base plugs lost will be replaced by SBA. 15. The CITY shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday. The CITY shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the CITY. SBA may drag and line fields between games as necessary. SBA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SBA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to CITY approval and field maintenance guidelines. The CITY shall provide 60 bags of chalk for the spring season and 20 bags of chalk for the fall season for striping of the infields. Any additional bags of chalk must be purchased by SBA for the remainder of the season. 16. SBA shall place bases and pitchers rubbers for each game. (CITY will provide one set of bases and one pitcher's rubber for each field. Bases will be labeled CITY -SBA or CITY -SBA) The CITY will install and maintain base pegs in ground, and provide necessary tools. If the bases are stolen or lost, the association is responsible for replacement. For Shetland division, the first base is to be a league approved double base. SBA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season each association will return to CITY one set of bases and pitching rubber for each field. ,,17.SBA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. 18. SBA is prohibited from performing any maintenance to any turf or infield areas (except as stated in #3, 4, 5 above), without permission from the CITY. 19. SBA shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. SBA shall chain gates to the fields after the conclusion of all practices and games. The CITY will provide the Field Manager keys necessary for emergency access to main gate(s) and to all field gates. 20. SBA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with Section II. Seasons and Hours. Under no circumstances should the lights be left on when fields are not in use. The CITY will provide the Field Manager keys necessary for access to all light switches. 21. The CITY shall maintain all fencing associated with batting cages and SBA will maintain and secure all netting. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 7 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. 22. SBA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The CITY will inspect Athletic Fields by 4:00 p.m. and will, if conditions warrant, consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Crew leader or his designee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks Crew leader or his designee will take responsibility for making a decision based upon field condition or weather. 3. After games have begun and inclement weather becomes a factor, SBA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. The Parks Crew leader or his designee will monitor the weather and field conditions and consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:30 a.m. Saturday morning. Status for Saturday p.m. games will be reevaluated at 11:30 a.m. and the field decision will be made prior to Noon Saturday. The SBA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, SBA officials shall follow the same guidelines for deciding cancellation or postponement. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance. 2. In the Parks Crew Leader's absence, his designee shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance staff shall consult with the Parks Crew Leader, If feasible, on any decision concerning athletic field closures. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 8 of 14 Print Date 1117/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. NOTIFICATIONS 1. The appropriate SBA Field Manager has the responsibility to notify the SBA and the participants . about the field closure decision. 2. The CITY staff will place notification of field conditions on the "field condition" phone line by 4:00 p.m. on weekdays and 7:30 a.m. on weekends when activities are scheduled. The information line phone number is subject to change. The CITY will provide SBA with revisions. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by SBA. If 24 hour notice is not received the CITY will not prepare fields for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Park Crew Leader. 5. Associations are required to comply with and enforce all posted facility signage. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 9 of 14 Print Date 1117/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. SBA shall have use of the storage area located at 450 W. Southlake Blvd. in the concession building. This storage area will be shared with Southlake Parks and Recreation. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. The CITY will check out a key to SBA at the beginning of the season and the key must be returned to the Parks and Recreation office within the first week after the conclusion of the season. 4. CITY storage areas are reserved for CITY purposes only and access is limited to CITY personnel. 5. SBA waives any claim against the CITY for loss of or damage to equipment stored in storage area. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 10 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "D" 2002 EQUIPMENT LIST AND REQUIREMENTS 1. The SBA will be given the following equipment for use on Fields #4 through #10 at Bicentennial Park: Equipment 7 Sets of Bases 7 Pitching Rubbers 21 Field Plugs Condition Good Good Good 2. The above mentioned equipment will be distributed to SBA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SBA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SBA at the beginning of the season to the main gates, fields, lights, and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. 4. SBA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SBA will be responsible for any costs involved with changing the locks. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 11 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "E" 2002 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week SHETLAND 3/18/02 26 10 10 3 2 PINTO 3/18/02 30 14 10 3 2 MUSTANG 3/18/02 28 16 10 3 2 BRONCO 3/18/02 16 16 10 3 2 PONY 3/18/02 12 16 10 3 2 COLT 3/18/02 4 16 10 3 2 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Pinto #4 2/11/02-5/25/02 3/18/02-5/25/02 Pinto #5 2/11/02-5/25/02 3/18/02-5/25/02 Bicentennial #6 2/11 /02-5/25/02 3/18/02-5/25/02 Bicentennial #7 2/11/02-5/25/02 3/18/02-5/25/02 Bicentennial #8 2/11/02-5/25/02 3/18/02-5/25/02 Bicentennial #9 2/11 /02-5/25/02 3/18/02-5/25/02 Bicentennial #10 2/11/02-5/25/02 3/18/02-5/25/02 Durham #2 2/11/02-5/25/02 No Games Bicentennial Practice Fields #1 & #2 2/11/02-5/25/02 No Games Chesapeake Park 2/11 /02-5/25/02 Mondays -Fridays After 4 p.m. Saturdays until 3 p.m. No Sundays No Games Koalty Park #2 & #4 2/11 /02-5/25/02 No Games Only teams that are still participating in the All -Star activities shall be permitted to continue practicing. Estimated number of participants: 1300 Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 12 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT "E" 2002 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week SHETLAND 9/7/02 20 10 9 0 2 PINTO 9/7/02 20 12 9 0 2 MUSTANG 9/7/02 18 12 9 0 2 BRONCO 9/7/02 14 12 9 0 2 PONY 9/7/02 8 12 9 0 2 COLT 9/7/02 4 12 9 0 2 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Pinto #4 8/26/02-11/9/02 9/7/02-11/9/02 Pinto #5 8/26/02-11/9/02 9/7/02-11/9/02 Bicentennial #6 8/26/02-11/9/02 9/7/02-11/9/02 Bicentennial #7 8/26/02-11/9/02 9/7/02-11/9/02 Bicentennial #8 8/26/02-11/9/02 9/7/02-11/9/02 Bicentennial #9 8/26/02-11/9/02 9/7/02-11/9/02 Bicentennial #10 8/26/02-11/9/02 9/7/02-11/9/02 Durham #2 8/26/02-11/9/02 No Games Bicentennial Practice Fields # 1 & #2 8/26/02-11/9/02 No Games Chesapeake Park 8/26/02-11/9/02 Mondays -Fridays After 4 p.m. Saturdays until 3 p.m. No Sundays No Games Koalty Park #2 & #4 8/26/02-11/9/02 No Games =:> Estimated number of participants: 1000 Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 13 of 14 Print Date 1117/01 SOUTHLAKE BASEBALL ASSOCIATION, INC. EXHIBIT " F" 2002 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the CITY of Southlake, Texas, herein called "CITY", and the Southlake Baseball Association, herein called "SBA." The parties agree and understand to the following: 1. SBA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with CITY, County and State statutes and ordinances. 2. SBA is responsible to ensure that the concession stand pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SBA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the CITY. 4. The CITY will furnish SBA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The CITY shall be responsible for all water and electric bills for the concession stand. 6. The CITY shall be responsible for underground utility line and pipes leading to and from the concession stand. The CITY is responsible for the building structure of the concession stand. The CITY shall be responsible for any mechanical maintenance or repairs on CITY owned equipment within the concession stand. 7. SBA shall be responsible for keeping on only the essential appliances during non -operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SBA shall be responsible for the upkeep and maintenance of SBA owned equipment. SBA waives any claim against the CITY for loss of or damage to equipment or inventory stored in storage area or in the concession stand. 8. SBA shall be responsible for securing insurance for any inventory owned by Association. The CITY will not allow unsupervised admission to the concession stand during non use hours by SBA. 9. The CITY reserves the right to utilize the concession stand when not in use by SBA. CITY agrees to provide 72 hour notice to SBA prior to such use. 10. The CITY agrees to not allow harvesting of the ice machine on days with scheduled SBA games. 11. The attachment "2002 Concessions Agreement" is for the concession stand located at 450 W. Southlake Blvd. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 14 of 14 Print Date 11/7/01 SOUTHLAKE BASEBALL ASSOCIATION. INC. City of Southlake, Texas MEMORANDUM December 11, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Approval of the 2002 Facilities Utilization Agreement with Grapevine Southlake Soccer Association (GSSA) Action Requested: City Council approval of the Facilities Utilization Agreement with the Grapevine Southlake Soccer Association (GSSA). Background Information: The Grapevine Southlake Soccer Association (GSSA) currently serves approximately 2822 children during the Fall season and 3103 during the Spring season. The participants are between the ages of 4 and 19. Annually, the City of Southlake and GSSA enter into an agreement for the use of game and practice fields for spring and fall seasons. In general, the facilities utilization agreement is intended to address such issues as season dates, insurance requirements, hours of play, field maintenance, field requirements, and concession stand use, among others. Through the years, staff has reviewed other municipal field usage agreements as part of the development process for the current document. The draft agreement is also reviewed annually by staff in order to address any recent changes and is then forwarded to the Association for review and comment. Based on the review of staff and the association, changes to this year's agreement include: • Wording to address installation of lights at Bob Jones Park. • Proposed practice and game dates for the year 2002. • Minor wording modifications intended to clarify the document. Also included as part of the agreement are the general field requirements for GSSA which include: • Bob Jones Park fields # 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14 • Carroll Elementary School soccer practice area • Johnson Elementary School practice area • St. Martin's practice fields #1 and #2 0 Durham Elementary practice fields #1 and #2 Billy Campbell, City Manager December 11, 2001 Page 2 Financial Consideration: Not Applicable Citizen Input/ Board Review: The Parks and Recreation Board unanimously' approved (7-0) at their November 12, 2001 meeting, recommending the Facilities Utilization Agreement to City Council for approval. The Agreement has been reviewed and verbally approved by the Grapevine Southlake Soccer Association. The staff held a meeting with SPIN #1 on Wednesday, December 5 to discuss the proposed lighting for the Bob Jones Park Soccer fields and the related variance requests. During the meeting, the topic of hours and days lights would be used, was discussed. Staff noted this was delineated in the Facilities Utilization Agreement. During the meeting, GSSA President Tony DeBruno explained the association's intent on field usage and indicated he was agreeable to reducing the hours and day limits specified in the FUA. However, since that meeting, Mr. DeBruno has told staff he prefers that the FUA language be kept as is. He has however, provided a schedule of his intended usage of the lighted fields. (e-mail attached) At its regular meeting on Monday, December 10, while briefing the Park Board on the SPIN meeting during the administrative comments portion of the agenda, a number of Park Board members indicated they did not agree with the more restrictive language. They favored keeping the FUA language the same as the ball associations. (Board member Lisa Stokdyk offered no opinion and Board member Cara White did not arrive until later.) Legal Review: The proposed facilities utilization agreement is modeled after previous facilities utilization agreements, which have been reviewed by the City Attorney. Alternatives: • Council comment and input on the Facilities Utilization Agreement. Supporting Documents: • Council decision not to enter into an agreement with GSSA for the use of City athletic facilities. • Proposed 2002 Facilities Utilization Agreement with GSSA (redline/strikeout copy with changes shown) Billy Campbell, City Manager December 11, 2001 Page 3 E-mail from Tony DeBruno, President of GSSA. Staff Recommendation: City Council approval of the Facility Usage Agreement with the Grapevine Southlake Soccer Association. Billy Campbell, City Manager December 11, 2001 Page 4 r.rom: Tony DeBruno [fony.DeBruno@footster.com Sent- Wednesday, Deoember 12, 2001 4:40 PM To: Kevin Hugman Cc: jastanfeldQ uno. corn; peter, gaal Qgte. not Subject: RE: FUA Kevin, I'd like to discuss some slight changes or clariifica#ions to the agreement you sent me. Below is the language of our agreement we're working on with Grapevine that gives a 365 day view of field usage. Essentially: No Activity means we are not on the fields at all. Modified means we use some of the fields for coaCh or referee clinics and some team practices. High means full usage for games, practices, and tournaments. As we spoke of yesterday, we'd rattier keep the standard tang uage for hours to avoid having futurs problems, However, we will provide the city, and anybody that is concerned, our intended usage for each season once schedules and practices times have been completed. For now we see the fiol lowing: Sunday - Prentice, make-up games, spring tournaments (May). Activity conducted from 11:00 a.m. - 8:30 p.m. (if in use, lights out by 9:00) Ibis see Sunday as a iow use day. Monday, Wednesday, Friday - Practice. make-up games, spring t,oumamants (May). Activity conducted from 4:00 P.M. - 8:30 P.M. (if in use, lights out by 9;OD) We see these as moderate use days (mostly practices from 5 - 8) Tuesday & Thursday - Regularly scheduled games, practices. make-up games, spring tournaments (May). Activity conducted from 4:0D p.m. - 9,31) p.m. (if in use, lights out by 10,00) We see these days as High use days (both games and practices) Saturday - Regularly scheduled games, practices, makeup games, spring tournaments (Maly). Activity conducted from 8;00 a.m. - 9.30 p.m. (If in use, lights out by 10:00) We see these days as "rembly Nigh use days (both games and practices) Note: Most clinics for coaches and rsferees are oondueted on Fridays, Saturdays, and Sundays, The hours may vary slightly fbr those, but nothing unreasonable. We usually do 2-3 per season. As for the budget shortfall, we'd have to approve first, but we could see donating S12,500 towards the project, but we like to arrange it so that we can first see If our grant request is approved this fall. To do this we'd issue the city a notice of intent to donate $12,500 if our grant is not approved. It approved, the grant should cover the entire shortfall The payment would be made in Iaw fail, after we determine the grant status. Give me a call and we can discuss. Tony II. SEASONS AND HOURS Billy Campbell, City Manager December 11, 2001 Page 5 The sesson(s) of this agreement shad be ` spring/summer (February 2-July 15) * fall (August 15 - December 15). Usage, of the premises should generally not begin before 4:00 p.m. on weekdays, 8,00 a,m, on Saturdays and 11:00 a.m. (excluding approved tournaments) on Sundays. Because of the importance for giving turf areas adequate rejuvenation time and to enable CITY to perrorm periodic special maintenance, the "Premises' shall be available to GSSA on a high, modified and nodlow activity level basis as follows: I Date Season Location Level 12118. 02101 Winter Oak Grove and Meedowmere No ActivRy 02J02 - 02120 Early Spring Oak Grove and Meadowmere Modified ` 02121 - 06101 Spring Oak Grove and Meadowmere High 06102 - 07115 Late Spring Oak Grove and Meadowmere Modified 07116 - 06114 Summer Oak Grove and Meadowmem No Activity 08115 - 09105 Early Fall Oak Grove and Meadowmere Modified * 09106 - 11120 Fall Oak Grove and Meadowmere High 11121 - 12115 Late Fall Oak Grove and Meadowmere Modified Define Level - High - Rlt fields used for activity Modified - Up to half the fields dedicated for maintenance upgrades No1Low - All fields dosed for maintenance - some fields for approved practices "see attached Park Maintenance Schedule for field closures $ scope of maintenance No organized play, nor reserved use of athletic fields, shall occur from December 1$ to Feb. 1 with the exception of carried over games resulting from weather delays during the fall season. The provision of special services after December 16 for earrled over games shall be at the ASsoolation's expense. CITY and GSSA agree that the fields located at Oak Grove and Meadowmere Parks Shall be closed for the performance of general field maintenance during the periods of: December 16" to February 1 °r and July 160 to August 141h, CITY shall post signage at each field identifying that the field has been closed for general maintenance. GSSA agrees not to expand schedules, length of league play, number of tournaments nor add seasons without prior approval of CITY. Al scheduling of fields for practices, games or tournaments by GSSA must be approved through the CITY's Athletic Division of the Parks and Recreation Department. Non-scheduled league play within established league play schedules is not permitted without prior CITY approval ----Original Message ---- Fes- ..... ' ...ki ...A. kii �F�±�I ��Q[(�h�lEl�a�:�{' •.;r:.� ... ; .. Sent: Tuesday, December 11, 2001 5:38 PM To. Tony DeBruno Subject, FUA « File. GSSA 2002 revised.doc >> CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2002 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Grapevine-Southlake Soccer Association, herein called "GSSA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "C", GSSA Field requirements. GSSA shall provide field requirements and dates for Spring and Fall to City at least 90 days prior to opening day of a season. Facilities in Exhibit "C" are herein called 'Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS ... .. The following are approximate dates for significant activities: Spring Fall Practice Begins February 8. 2002 August 19, 2002 Opening Day February 23, 2002 September 7, 2002 End of Regular Season *May 18, 2002 November 30, 2002 Tournament Play May 13-19, 2002 Mid December, 2002 * Tournament play overlaps with end of season to allow for rainout make -ups The facilities provided by this Agreement are herein called "Premises." III. FEES AND ASSIGNMENT GSSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) GSSA reserves Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 1 of 12 Print Date 11/9101 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION the right to request a voluntary donation for admission to events other than regularly scheduled league games. GSSA agrees to provide signs clearly indicating donations are requested only for the GSSA activity occurring on Premises. Access to other Premises activities shall be clearly available. GSSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. IV. UNLAWFUL ACTIVITIES GSSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. V. PERMISSION FOR INSTALLATION OR CONSTRUCTION GSSA, in accordance with the City's Donation Policy shall submit for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. GSSA is allowed a maximum of two (2) signs listing GSSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet X 8 feet). VI. INDEMNITY GSSA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY GSSA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTIOUS ACTIVITY OF, OR VIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANYGOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VII. FOOD SERVICE GSSA shall ensure that all food or drink prepared, served, sold, or stored complies with all city, state, county and federal law. VIII. DOCUMENTS AND OFFICERS GSSA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of GSSA. Names, addresses and Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 2 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION phone numbers of all officers and board members of GSSA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to GSSA the Names, addresses (IIIii, and phone numbers of all Parks and Recreation Division supervisors and directors and Parks Board members within two weeks after election or appointment. IX. ROSTERS AND SCHEDULES GSSA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for the season. The rosters shall be submitted within two weeks after completion of registration and the full schedule shall be submitted at least one week prior to the first reaular season same.C1iA'11ilST X. FIELD MANAGER GSSA shall furnish the Parks and Recreation Division the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The GSSA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XI. INSURANCE GSSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect GSSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with GSSA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 3 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. GSSA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by GSSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. GSSA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. GSSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XII. FIELD MAINTENANCE FEE Beginning in the fall of 2002, GSSA agrees to pay the City a field maintenance fee assessed at a per season rate ofx$8 perSSXarticipan# multiplied by the percentage of total league games in a season played on City of Southlake fields. The fee is due to the Southlake Parks and Recreation Division within (3) weeks after completion of each seasonal registration. XIII. EXHIBITS The City and GSSA agree that the exhibits attached to this Agreement are incorporated into this Agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. GSSA FIELD REQUIREMENTS "C" 2002 Field Requirements XIV. SCHEDULING The City reserves the right to utilize the premises when GSSA activities are not scheduled. If GSSA fails to use the premises for its scheduled activities, the City may terminate this Agreement. XV. DEFAULT Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 4 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION If either party, City or GSSA, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. XVI. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the day of 2001. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Approved as to form City Attorney Rick Stacy, Mayor City of Southlake Tony DeBruno, President Grapevine-Southlake Soccer Association This Agreement approved by the Board of Directors, Grapevine-Southlake Soccer Association, and entered into the minutes of the Board meeting held 2001. Secretary Grapevine-Southlake Soccer Association Rev. Date 1119/01 FACILITIES UTILIZATION AGREEMENT Page 5 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS The Parks and Recreation Division (City) shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre -season turf maintenance to include top dressing and cutting field marking lines. 3. The City shall mark field lines when necessary for scheduled league play. 4. The City shall provide line chalk/paint for completing markings only on fields maintained and scheduled through the City. GSSA shall provide line chalk/paint for its own additional uses and may line fields as needed in addition to the above. 5. The City shall be responsible for the maintenance of all goals, bleachers, and restrooms. 6. The City shall be responsible for the maintenance of any turf irrigation system and watering of the field. 7. The City will install and maintain goals. The GSSA is responsible for the set up and removal of goal nets and corner flags for all practices and games. 8. GSSA shall be responsible for daily practice and game day collection of all litter on their fields to include playing areas, fences, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. he City shall provide pick up for these receptacles. Any overflow trash resulting from concession use should be placed in the "dumpster" receptacle. 9. GSSA shall be prohibited from performing any maintenance to any turf areas without permission from the City. 10. GSSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this Agreement. 11. GSSA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with Section II. Seasons and Hours. Under no circumstances should the lights be left on when fields are in use. The CITY will provide the Field Manager keys necessary for access to all light switches. Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 6 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or . preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) The City will inspect Athletic Fields by 4:00 p.m. and will, if conditions warrant, consult with the appropriate GSSA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have sole responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Division representative will take responsibility for making a decision based upon field condition or weather. 3. After games have begun and inclement weather becomes a factor, the umpires and/or GSSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. Inspect Athletic Fields by 4:00 p.m. on Friday. 2. Parks Division employee shall have sole responsibility of canceling games on the weekends. Saturday games may be canceled on Friday and if under the discretion of the Parks Crewleader or his designee the field conditions warrant this action. The GSSA field manager will be notified immediately of any field closures. 3. If a decision at 4:00 p.m. Friday is not possible, a Parks Division employee will monitor the weather and field conditions, arrive at the fields by 7:30 a.m. Saturday morning. The Parks employee will make a decision by 8:00 a.m. and will notify the GSSA field manager of any field closures. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance, while working closely with the GSSA representative. 2. In the Parks Crew Leader's absence, the second Park Crew Leader shall make the decision concerning Athletic Field Closures. Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 7 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION 3. In the absence of both Parks Crew Leaders, a person designated by the Director or Deputy Director of Community Services shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate GSSA Field Manager has the responsibility to notify the GSSA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (817-481-1596) by 4:00 p.m. on weekdays and 8:00 a.m. on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by GSSA. If a 24 hour notice is not received the City will not prepare fields for use. 4. Associations are required to comply with and enforce all posted facility signage. Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 8 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION EXHIBIT "C" 2002 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week U4 2/23/02 14 8 8 N/A 1 U5 2/23/02 40 8 8 N/A 1 U6 2/23/02 38 8 8 N/A 1 U7G 2/23/02 10 8 8 N/A 1 U7B 2/23/02 22 8 8 N/A 1 U8G 2/23/02 12 8 8 1 1 U8B 2/23/02 20 8 8 1 1 U9G 2/23/02 14 10 10 1 2 U913 2/23/02 14 10 10 1 2 U 10G 2/23/02 12 10 10 1 2 U 10B 2/23/02 10 10 10 1 2 U 11 G 2/23/02 6 10 10 1 2 U 11 B 2/23/02 6 10 10 1 2 U 12G 2/23/02 4 10 10 1 2 U12B 2/23/02 4 10 10 1 2 U 13G 2/23/02 3 10 10 1 2 U 13B 2/23/02 3 10 10 1 2 U14G 2/23/02 2 10 10 1 2 U14M 2/23/02 2 10 10 1 2 U 15G 2/23/02 1 10 10 1 2 U15B 2/23/02 1 10 10 1 2 U 16G 2/23/02 1 10 10 1 2 U16B 2/23/02 1 10 10 1 2 U 17G 2/23/02 1 10 10 1 2 U17B 2/23/02 1 10 10 1 2 U 18G 2/23/02 1 10 10 1 2 U18B 2/23/02 1 10 10 1 2 U 19G 2/23/02 1 10 10 1 2 U19B 2/23/02 2 10 10 1 2 => Estimated Number of Participants Overall 3103 =:> No games scheduled: Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 9 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION FIELD REQUIREMENTS--SPRINC,- A Fields Practice Dates Game Dates l �:nes��arrcrk 2/8/02-5/18/02 2/23/02-5/19/02 R '4 Carroll Elementary School 2/8/02-5/18/02 No games Soccer Practice Area Johnson Elementary School 2/8/02-5/18/02 No games Soccer Practice Area St. Martins 2/8/02-5/18/02 No games Practice Fields # 1 and # 2 Durham Elementary #1 and #2 2/8/02-5/18/02 No games =:> Tournament Play May 13-19, 2002 Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 10 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION EXHIBIT "C" 2002 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week U5 9/7/02 44 8 8 N/A 1 U6 9/7/02 42 8 8 N/A 1 U7G 9/7/02 12 8 8 N/A 1 U7B 9/7/02 24 8 8 N/A 1 U8G 9/7/02 14 8 8 1 1 U813 9/7/02 22 8 8 1 1 U9G 9/7/02 16 10 10 1 2 U9B 9/7/02 16 10 10 1 2 U 10G 9/7/02 12 10 10 1 2 U 10B 9/7/02 6 10 10 1 2 U 11 G 9/7/02 6 10 10 1 2 U 11 B 9/7/02 4 10 10 1 2 U 12G 9/7/02 4 10 10 1 2 U12B 9/7/02 3 10 10 1 2 U13G 9/7/02 3 10 10 1 2 U13B 9/7/02 2 10 10 1 2 U 14G 9/7/02 2 10 10 1 2 U 14M 9/7/02 1 10 10 1 2 U 15G 9/7/02 1 10 10 1 2 U15B 9/7/02 1 10 10 1 2 U16G 9/7/02 1 10 10 1 2 U16B 9/7/02 1 10 10 1 2 U 17G 9/7/02 1 10 10 1 2 U17B 9/7/02 1 10 10 1 2 U 18G 9/7/02 1 10 10 1 2 U18B 9/7/02 1 10 10 1 2 U 19G 9/7/02 1 10 10 1 2 U19B 9/7/02 2 10 10 1 2 => Estimated Number of Participants Overall 2822 => No Games schedule on the following dates: TBD Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Page 11 of 12 Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION FIELD REQUIREMENTS --FALL 0 0 Fields Practice Dates Game Dates Bdb,,don :s TWc 8/19/02-11/30/02 9/7/02-11/30/02 Carroll Elementary School 8/19/02-11/30/02 No games Soccer Practice Area Johnson Elementary School 8/19/02-11/30/02 No games Soccer Practice Area St. Martins 8/19/02-11/30/02 No games Practice Fields # 1 and # 2 Durham Elementary #1 and #2 8/19/02-11/30/02 No games => Tournament Play Mid December Rev. Date 11/9/01 FACILITIES UTILIZATION AGREEMENT Print Date 11/9/01 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION Page 12 of 12 City of Southlake, Texas MEMORANDUM December 11, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Approval of the 2002 Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA) Action Requested: City Council approval of the Facilities Utilization Agreement for Southlake Girls Softball Association (SGSA). Background Information: The Southlake Girls Softball Association (SGSA) currently serves approximately 600 children per season between the ages of 8 and 18. Annually, the City of Southlake and SGSA enter into an agreement for the use of game and practice fields for spring and fall season, as well as tournaments. The agreement also covers the use of the softball concession stand in Bicentennial Park. In general, the facilities utilization agreement is intended to address such issues as season dates, insurance requirements, and concession stand use, among others. Through the years, staff has reviewed other municipal field usage agreements as part of the development process for the current document. The draft agreement is also reviewed annually by staff in order to address any recent changes and is then forwarded to the Association for review and comment. Based upon the review of staff and the association, changes to this year's agreement include: Extend time for use of lights during tournament play if needed to complete started games. Practice and game dates for the year 2002. Minor wording modifications intended to clarify the document. Also included as part of the agreement are the general field requirements for SGSA which include: ■ Bicentennial fields #1 and #3. Koalaty Park practice fields # 1 and #3. Durham Elementary practice field #1. Financial Consideration: Not Applicable. Billy Campbell, City Manager December 11, 2001 Page 2 Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved (7-0) at their November 12, 2001 meeting, recommending the Facilities Utilization Agreement to City Council for approval. The Agreement has been reviewed and verbally approved by the Southlake Girls Softball Association. Legal Review: The proposed facilities utilization agreement is modeled after previous facilities utilization agreements, which have been reviewed by the City Attorney. Alternatives: • Council comment and input on the facilities utilization agreement. • Council decision not to enter into an agreement with GSSA for the use of City athletic facilities. Supporting Documents: Proposed 2002 Facilities Utilization Agreement with SGSA. (redline/strikeout copy with changes shown) Staff Recommendation: City Council approval of the 2002 Facilities Utilization Agreement with Southlake Girls Softball Association. CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2002 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the CITY of Southlake, Texas, herein called "CITY", and the Southlake Girls Softball Association, herein called "SGSA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES The CITY agrees to provide game fields and practice fields as defined by Exhibit "E", SGSA Field requirements. SGSA shall provide field requirements and dates for Spring and Fall seasons to CITY at least 90 days before opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and tournaments on the days of Monday through Sunday, with each facility usage to not begin before 4:00 p.m. on weekdays or 8:30 a.m. on Saturdays, and 12:00 p.m. on Sundays. SGSA agrees to stop play (includes games and practices) by 10:00 p.m. on Sunday thru Thursday, and 11:00 p.m. on Friday and Saturday. Lights will be turned out respectively at 10:30 p.m. on Sunday thru Thursday, and 11:30 p.m. on Fridav and Saturday. The following are approximate dates for significant activities: Coach Look Practice Begins Opening Day End of Regular Season Tournament Play Spring January 26, 2002 February 11, 2002 March 16, 2002 May 25, 2002 June 15-16, 2002 August 17-18, 2002 FALL August 24, 2002 August 31, 2002 September 14, 2002 November 9, 2002 The facilities provided by this Agreement are herein called "Premises." III. FEES AND ASSIGNMENT SGSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SGSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SGSA agrees to provide signs clearly indicating donations are requested only for the SGSA activity occurring on Premises. Access to other Premises activities shall be clearly Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 15 Print Date 11/7/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION available. SGSA shall not assign this agreement nor shall it rent out any property of the CITY without prior written consent of the CITY. IV. UNLAWFUL ACTIVITIES SGSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. V. PERMISSION FOR INSTALLATION OR CONSTRUCTION SGSA, in accordance with the CITY's Donation Policy shall submit for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the CITY. SGSA is allowed a maximum of three (3) signs listing SGSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet x 8 feet). A pennant style sign will be allowed on each field that lists the previous years season winners. The signs are not to exceed the size of (3 feet x 5 feet). VI. INDEMNITY SGSA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SGSA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTIOUS ACTIVITY OF, OR VIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VII. FOOD SERVICE SGSA shall ensure that all food or drink prepared, served, sold, or stored complies with all CITY, state, county and federal law. VIII. DOCUMENTS AND OFFICERS SGSA shall submit to the Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of SGSA. Names, addresses and phone numbers of all Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 15 Print Date 11/7/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION officers and board members of SGSA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to SGSA the Names, addresses and phone numbers of all appropriate Parks and Recreation Division contact personnel prior to each season. IX. ROSTERS AND SCHEDULES SGSA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for the season. The rosters shall be submitted within two weeks after completion of registration and the full schedule shall be submitted at least one week prior to the first regular season same.%�i7RN'1E' X. FIELD MANAGER SGSA shall furnish the Parks and Recreation Division the name(s) and telephone number(s) of person(s) designated as field manager(s). It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The SGSA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. XI. INSURANCE SGSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SGSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the CITY of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SGSA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000-On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the CITY Attorney for Southlake, for their adequacy as to content, protection and named insurance company. SGSA shall furnish to CITY copies of such insurance policies within (30) thirty days of the execution of Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 15 Print Date 11/7/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION this Agreement or prior to the commencement of any activities by SGSA at the CITY of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SGSA understands and agrees that it has the sole responsibility to provide this information and that Failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SGSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XII. FIELD MAINTENANCE FEE SGSA agrees to pay the CITY a field maintenance fee of $8.00 per player per season to cover costs for lighting and maintaining fields in playing condition. This fee is due to the Southlake Parks and Recreation Division within three (3) weeks after completion of re_gular registration. XIII. PUBLIC ADDRESS SYSTEM No public address system may be used after 8:00 p.m. XIV. COMMISSIONER SGSA agrees to provide a league representative on -site at each SGSA organized league or tournament game held on the premises. XV. EXHIBITS The CITY and SGSA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" CITY Storage Location Assignments 4. EQUIPMENT AGREEMENT 5. "D" 2002 Equipment List and Requirements 5. SGSA FIELD REQUIREMENTS "E" 2002 Field Requirements Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 15 Print Date 1117/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 6. Concession Stand "F" 2002 Concession Agreement XVI. SCHEDULING The CITY reserves the right to utilize the premises when SGSA activities are not scheduled. If SGSA fails to use the premises for its designated and scheduled activities, the CITY may terminate this Agreement. XVII. DEFAULT If either party, CITY or SGSA, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. XVIII. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the day of 2001. CITY OF SOUTHLAKE by: Sandra LeGrand, CITY Secretary Approved as to form CITY Attorney Rick Stacy, Mayor CITY of Southlake Matt Tuggey, President Southlake Girls Softball Association This Agreement approved by the Board of Directors, Southlake Girls Softball Association, and entered into the minutes of the Board meeting held , 2001. Secretary Southlake Girls Softball Association Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 15 Print Date 1117/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The CITY shall maintain the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The CITY shall perform all pre -season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs. The CITY shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The CITY shall drag the infields Monday thru Friday, and on Saturday mornings for scheduled league play, weather permitting. The CITY will drag and line the fields for the initial game. All other games will be the responsibility of SGSA. SGSA shall apply water and stripe as required during Saturday games. 4. SGSA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields if found to be caused by SGSA. This includes but is not limited to sprinklers heads, bases, base plugs, base anchors, quick couplers, and the outfield grass apron. SGSA shall leave a space of one (1) foot between all edges of the outfield when dragging the infield. 5. All equipment used by SGSA must be approved by the Parks and Recreation Division and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. Only users who have attended the training and signed the waiver with the Parks Division will be able to drag the fields. 6. The CITY shall mark all foul lines. 7. The CITY shall maintain all backstops, fences and gates. SGSA will ensure that the fencing will not be used for warm-up hitting. SGSA will ensure that soft toss will not be allowed except in designated soft toss areas. SGSA will ensure that no pitching machines will be set up to disperse balls directly into the side of the fencing. The pitching machine can be used on the pitcher's mound, batting cages and against the practice fence only. Damage to fencing as a result of warm-up hitting, soft toss, or other activities may result in SGSA being responsible for payment of any repairs to damaged fencing. 8. The CITY shall maintain all bleachers and dugouts. 9. The CITY shall provide and maintain all area and ball field lighting systems. 10. The CITY shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SGSA may water Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 15 Print Date 11/7/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION as needed. CITY will provide the quick coupler connections to Association at the beginning of the season. 11. The CITY shall be responsible for the maintenance of any outfield irrigation systems and watering of the outfield turf area. 12. The CITY shall maintain the rest rooms in a sanitary condition. 13. The CITY shall be responsible for all public scoreboards and the lines leading to the scoreboards. SGSA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SGSA. Control boxes shall be kept and stored by SGSA throughout the year. 14. The CITY shall provide and install the home plate, base plugs, and base anchors. Any base plugs or anchors lost will be replaced by SGSA. 15. The CITY shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday. The CITY shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the. CITY. SGSA may drag and line fields between games as necessary. SGSA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SGSA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to CITY approval and field maintenance guidelines. The CITY shall provide chalk for the spring and fall seasons for striping of the infields. 16. SGSA shall place bases and pitchers rubbers for each game. (CITY will provide bases and pitchers rubber for each field. Bases will be labeled CITY-SGSA or CITY SGSA.) The CITY will install and maintain base pegs in ground, and provide necessary tools. If bases are stolen or lost, the association is responsible for replacement. SGSA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season, each association will return to the CITY one set of bases and pitching rubber for each field. 17. SGSA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. 18. SGSA is prohibited from performing any maintenance to any turf or infield areas (except as stated in #3,4,5 above), without permission from the CITY. 19. SGSA shall ensure that all secured areas remain locked and/or are locked at the completion of each activity. SGSA shall chain gates to the fields after the conclusion of all practices and games. The CITY will provide the Field Manager keys necessary for emergency access to main gate(s) and to all field gates. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 15 Print Date 11/7/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 20. SGSA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with Section II. Seasons and Hours. Under no circumstance should lights be left on when fields are not in use. The CITY will provide the Field Manager keys necessary for access to all light switches. 21. The CITY shall maintain all fencing associated with batting cages and SGSA will maintain and secure all netting. 22. SGSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGL 8 OF 15 Print Date 1117/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) The CITY will inspect Athletic Fields by 4:00 p.m. and will, if conditions warrant, consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Crew Leader or his designee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks Crew Leader or his designee will take responsibility for making a decision based upon field condition or weather. 3. After games have begun and inclement weather becomes a factor, the umpires and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. A Parks Division employee will monitor the weather and field conditions and consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:30 a.m. Saturday morning. Status for Saturday p.m. games will be reevaluated at 11:30 a.m. and the field decision will be made prior to 12:00 p.m. Saturday. The SGSA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, the umpires and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader or his designee while working closely with the SGSA representative. 2. In the Parks Crew Leader's absence, the Park Division designee shall make the decision concerning Athletic Field Closures. 3. The Park Division designee shall consult, if feasible, with the Parks Crew Leader on any decision concerning athletic field closures. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 15 Print Date 1117/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION NOTIFICATIONS 1. The appropriate SGSA Field Manager has the responsibility to notify the SGSA and the participants about the field closure decision. 2. The CITY staff will place notification of field conditions on the "field condition" phone tine raby 4:00 p.m. on weekdays and 7:30 a.m. on weekends when activities are scheduled. This phone number is subject to change. The CITY will provide SGSA with revisions. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by SGSA. If 24 hour notice is not received the CITY will not prepare fields for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Parks Crewleader. 5. Associations are required to comply with and enforce all posted facility signage. Rev. Date 10/18/01 FACILITIES UTILIZATION AGREFMENT PAGE 10 OF 15 Print Date 11/7/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. SGSA shall have use of the two side storage rooms and middle section storage room of the storage shed located at Field #2 at Bicentennial Park. This storage building will be shared with Southlake Parks & Recreation Division. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. SGSA shall provide own security lock and provide CITY with a key allowing access in order to restock supplies needed by SGSA. 4. CITY storage areas are reserved for CITY purposes only and access is limited to CITY personnel. 5. SGSA waives any claim against the CITY for loss of or damage to equipment stored in storage area. Rev. Date 1/11/01 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 15 Print Date 1/11/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "D" 2002 EQUIPMENT LIST AND REQUIREMENTS 1. The SGSA will be given the following equipment for use on Fields #1 thru #3 at Bicentennial Park: Equipment Condition 3 Sets of Bases Good 3 Double First Base Good 3 Pitching Rubbers Good 16 Field Plugs Good 2. The above mentioned equipment will be distributed to SGSA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SGSA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SGSA at the beginning of the season to the main gates, fields, lights, and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. 4. SGSA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SGSA will be responsible for any costs involved with changing the locks. Rev. Date 1/11/01 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 15 Print Date 1/11/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "E" 2002 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Days of Tournament Practices per Week 6u 3/16/02 8 12 10 2 2 8u 3/16/02 10 12 10 2 2 10u 3/16/02 10 12 10 2 2 12u 3/16/02 10 12 10 2 2 14u 3/16/02 6 10 10 2 2 16u 3/16/02 2 10 10 2 2 SPRING FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 No Practices —Game field only 3/16/02-5/25/02 Bicentennial #2 2/11/02-5/25/02 3/16/02-5/25/02 (lid,prqct►cesHor vanes ,on Fgda , tlwr r :aalu t e g e Alai Bicentennial #3 2/11/02-5/25/02 3/16/02-5/25/02 Koalty Park #1 & #3 2/11/02-5/25/02 3/16/02-5/25/02 Durham Elementary #1 2/11/02-5/25/02 3/16/02-5/25/02 =:> A 4 tt will maximum of four ( )con continuing tournament teams wi b a permitt ed to practice beyond the May 25, 2002 dates. Each team will be allowed a total of two (2) practices per week. SGSA agrees to submit a practice schedule to the City prior to the start of the extended practice sessions. Field preparation will not be performed by the CITY during extended practice sessions. => ASA sanctioned tournament: SGSA "B" Regional tournament June 15--16 10 & under/12 & under Limited to 24 teams from DFW Metro 161a1u/�aie�ts: rrdaYs 1 Rev. Date 1/11/01 FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 15 Print Date 1/11/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "E" 2002 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Days of Tournament Practices per Week 6u _ 9/14/02 8 8 8 2 2 8u .9/14/02 10 8 8 2 2 10u 9/14/02 10 8 8 2 2 12u 9/14/02 10 8 8 2 2 14u 9/14/02 6 8 8 2 2 16u 9/14/02 2 8 8 2 2 FALL FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 No Practices —Game field 9/14/02-11/9/02 only Bicentennial #2 8/31/02-11/9/02 9/14/02-11/9/02 (iN©.practtces" orgames during adult �eaguep air QP', ,1'vndays or. w Bicentennial #3 8/31/02-11/9/02 9/14/02-119/02 Koalty Park #1 & #3 8/31 /02-11 /9/02 9/14/02-11 /9/02 Durham Elementary #1 8/31/02-11/9/02 9/14/02-11/9/02 =:> A 6 tt will maximum of four ( )con inuing tournament teams wi be permitt ed to practice beyond the November 17, 2002 dates. Each team will be allowed a total of two (2) practices per week. SGSA agrees to submit a practice schedule to the City prior to the start of the extended practice sessions. Field preparation will not be performed by the CITY during extended practice sessions. => ASA sanctioned tournament: SGSA "B" Regional tournament August 17-18 10 & under/12 & under Limited to 24 teams from DFW Metro Rev. Date 1/11/01 FACILITIES UTILIZATION AGREEMENT PAGE 14 OF 15 Print Date 1/11/01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT " F" 2002 CONCESSION AGREEMENT The parties to this request which are in understanding and agreement are the CITY of Southlake, Texas, herein called "CITY", and the Southlake Girls Softball Association, herein called "SGSA." The parties agree and understand to the following: SGSA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with CITY, County and State statutes and ordinances. 2. SGSA is responsible to ensure that the concession pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SGSA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the CITY. 4. The CITY will furnish SGSA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The CITY shall be responsible for all water and electric bills for the concessions stand. 6. The CITY shall be responsible for underground utility line and pipes leading to and from the concession stand. The CITY is responsible for the building structure of the concession �w stand. The CITY shall be responsible for any mechanical maintenance or repairs on CITY owned equipment within the concession stand. 7. SGSA shall be responsible for keeping on only the essential appliances during non - operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SGSA shall be responsible for the upkeep and maintenance of SGSA owned equipment. SGSA waives any claim against the CITY for loss of or damage to equipment or inventory stored in the concession area or in the concession stand. 8. SGSA shall be responsible for securing insurance for any inventory owned by Association. The CITY will not allow unsupervised admission to the concession stand during non use hours by SGSA. 9. The CITY reserves the right to utilize the concession stand when not in use by SGSA. The CITY agrees to provide 72 hour notice to SGSA prior to such use. 10. The CITY agrees to not allow harvesting of the ice machine on days with scheduled SGSA games. 11.The attachment "2002 Concessions Agreement" is for the concession stand located at 400 N. White Chapel. Rev. Date 1 /11 /01 FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 15 Print Date 1 /11 /01 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION City of Southlake, Texas MEMORANDUM December 11, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x 1527) SUBJECT: Approval of the 2002 Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association (SCLA) Action Requested: City Council approval of the Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association (SCLA). Background Information: The Southlake Carroll Lacrosse Association (SCLA) currently serves boys from grade 5 and up and girls from grade 7 and up. In general, the facilities utilization agreement is intended to address such issues as practice dates, insurance requirements, hours of practice, field maintenance, and field requirements, among others. The agreement has was drafted by staff and then forwarded to the association for review and comment. SCLA made no significant changes to this agreement. Also included as part of the agreement are the general field requirements for SCLA which include: ■ Carroll Intermediate School playing field. Financial Consideration: Not Applicable Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved (7-0) at their November 12, 2001 meeting, recommending the Facilities Utilization Agreement to City Council for approval. The Agreement has been reviewed and verbally approved by the Southlake Carroll Lacrosse Association. The agreement was also modified as a result of the Inter -local Agreement between the City and CISD for joint use of the Carroll Intermediate School (CIS) playing field. Legal Review: The proposed facilities utilization agreement is modeled after previous facilities utilization agreements, which have been reviewed by the City Attorney. Billy Campbell, City Manager December 11, 2001 Page 2 Alternatives: • Council comment and input on the facilities utilization agreement. • Council recommendation not to approve the facilities utilization agreement as presented. Supporting Documents: Proposed 2002 Facilities Utilization Agreement with SCLA. Staff Recommendation: City Council approval of the 2002 Facility Utilization Agreement with the Southlake Carroll Lacrosse Association. CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2002 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Carroll Lacrosse Association, herein called "SCLA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide practice fields as defined by Exhibit "C", SCLA Field requirements. Facilities in Exhibit "C" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season on the days of Monday through rida , with each facility usage to not begin before 4:00p.m._ on _ weekdays or 8:00 a.m.on Saturdays,_and,10:00 a m . on Sundays: SCLA agrees to --- -- — — stop play (includes games and practices by 9 00 p.m. on It Sundaysnd 14 O OOp m. on The following are approximate dates for significant activities: Sprinq Fall Practice Begins january 1, 2002 September 2, 2002 Practice Ends May 12, 2002 December 28, 2662 III. FEES AND ASSIGNMENT SCLA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. Access to other Premises activities shall be clearly available. SCLA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. IV. UNLAWFUL ACTIVITIES SCLA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. Rev. Date 12/14/01 Print Date 12/14/01 FACILITIES UTILIZATION AGREEMENT SOUTHLAKE CARROLL LACROSSE ASSOCIATION Page 1 of 8 Deleted: Sunday Deleted: 4:30 Deleted: 8:30 Deleted: 12:00 p.m Deleted, Sunday Deleted: hru Thursday Deleted: Deleted: 11:00 Deleted: Friday and Saturday Deleted Ligt fs tiel - -' ed out hispeolvely at' 0 ,sei ron Sul la ! thru.'tb'd- AY 8,id� l SQ:pxC1. te# 1=ridaj end Saturais� Deleted: January 1, 2002 Deleted: May 4, 2002. Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 V. INDEMNITY SCLA SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SCLA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTIOUS ACTIVITY OF, OR VIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VI. DOCUMENTS AND OFFICERS SCLA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of SCLA. Names, addresses, and phone numbers of all officers and board members of SCLA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to SCLA the Names, addresses and phone numbers of all Parks and Recreation Division supervisors and directors and Parks Board members within two weeks after election or appointment. VII. ROSTERS AND SCHEDULES SCLA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for their practice season. The rosters shall be submitted within two weeks after completion of registration and the full schedule of practices shall be submitted at least one week prior to the first practice. VIII. FIELD MANAGER SCLA shall furnish the Parks and Recreation Division the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The SCLA Field Manager shall meet before each season with the Parks Crew Leader to be briefed on maintenance procedures and techniques. L---------------- ________________________________________________________________________________________________ ------------------------------------------------------------------------------- ', Rev. Date 12/14/01 FACILITIES UTILIZATION AGREEMENT Page 2 of 8 Print Date 12/14/01 SOUTHLAKE CARROLL LACROSSE ASSOCIATION Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 IX. INSURANCE SCLA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SCLA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SCLA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of liability insurance is as follows: TYPE . MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage for Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. SCLA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SCLA at the City of Southlake Park Facilities, whichever event occurs first. SCLA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SCLA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. Deleted: field usan X. FIELD MAINTENANCE FEE Deleted: e SCLA agrees to pay the CITY a field maintenance fee of $8.00 per player per season to Deleted: 12/14/01 cover costs for lighting and maintaining fields in playing condition. This fee is due to Inserted. 1v1a/o1 the Southlake Parks and Recreation Division within three (3) weeks after Deleted: 12/12/01 completion of regular registration, Deleted: 12/14/01 --------------------------------------------------------------- Inserted. 12/14/01 L---------------------------------------------------------------------------------------------------------------- .,/, - Deleted:12/12101 Rev. Date 12/14/01 FACILITIES UTILIZATION AGREEMENT Page 3 of 8 Print Date 12/14/01 SOUTHLAKE CARROLL LACROSSE ASSOCIATION XI. EXHIBITS The City and SCLA agree that the exhibits attached to this Agreement are incorporated into this Agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. SCLA FIELD REQUIREMENTS "C" 2002 Field Requirements XII. SCHEDULING The City reserves the right to utilize the premises when SCLA activities are not scheduled. If SCLA fails to use the premises for its scheduled activities, the City may terminate this Agreement. XIII. DEFAULT If either party, City or SCLA, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. XIV. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the day of , 2001. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Rick Stacy, Mayor City of Southlake Approved as to form City Attorney Kelli Riley, President Southlake Carroll Lacrosse Association This Agreement approved by the Board of Directors, Southlake Carroll Lacrosse Association, and entered into the minutes of the Board meeting held 2001. Secretary Southlake Carroll Lacrosse Association i----------------------------------------------------------------------------------------- Rev. Date 12/14/01 FACILITIES UTILIZATION AGREEMENT Page 4 of 8 Print Date 12/14/01 SOUTHLAKE CARROLL LACROSSE ASSOCIATION Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 Deleted: 12/14/01 Inserted: 12/14/01 - -- Deleted:12/12/01 EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain markings for CIS field if used for games and field lighting. All turf areas to include mowing, weed control, fertilizing and herbicide spraying are the responsibility of the Carroll Independent School District. 2. The CISD is responsible for the maintenance of any turf irrigation system and watering of the field. 3. The SCLA is responsible for the set up and removal of goals, field markings, nets, and corner flags for all practices. 4. SCLA shall be responsible for daily practice collection of all litter on the fields to include playing areas, fences, bleachers, and adjacent grounds. All litter shall be placed in the receptacles provided. 5. SCLA shall be prohibited from performing any maintenance to any turf areas without permission from the CISD. 6. SCLA shall ensure that all field lights are turned of at completion of all practices. Deleted: 12/ 14/01 Inserted: 12/14/01 Deleted: 12/12/01 Deleted: 12/14/01 Inserted: 12/14/01 -----------------------------------------------------------------------------------------------------, ` — — -- Deleted:12/12/01 Rev. Date 12/14/01 FACILITIES UTILIZATION AGREEMENT Page 5 of 8 Print Date 12/14/01 SOUTHLAKE CARROLL LACROSSE ASSOCIATION EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at practice time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 p.m. and will, if conditions warrant, consult with the appropriate SCLA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have sole responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Division representative will take responsibility for making a decision based upon field condition or weather. 3. After practice have begun and inclement weather becomes a factor, SCLA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. Inspect Athletic Fields by 4:00 p.m. on Friday. 2. Parks Division employee shall have sole responsibility of canceling use of fields on weekends. Saturday practices may be canceled on Friday and if under the discretion of the Parks Crewleader or his designee the field conditions warrant this �w action. The SCLA field manager will be notified immediately of any field closures. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Crew Leader responsible for athletic field maintenance, while working closely with the SCLA representative. 2. In the Parks Crew Leader's absence, the second Park Crew Leader shall make the decision concerning Athletic Field Closures. 3. In the absence of both Parks Crew Leaders, a person designated by the Director or Deleted: 12114/01 Deputy Director of Community Services shall make decisions concerning athletic field closures. Inserted: 12/14/01 Deleted: 12/12/01 Deleted: 12/14/01 Inserted: 12/14/01 — Deleted: 12/12/01 Rev. Date 12/14/01 FACILITIES UTILIZATION AGREEMENT Page 6 of 8 Print Date 12/14/01 SOUTHLAKE CARROLL LACROSSE ASSOCIATION NOTIFICATIONS 1. The appropriate SCLA Field Manager has the responsibility to notify the SCLA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (817-481-1596) by 4:00 p.m. on weekdays. 3. Associations are required to comply with and enforce all posted facility signage. -------------------- ----------- - --------------------- z----------------------------------------------------- ---- Rev. Date 12114/01 FACILITIES UTILIZATION AGREEMENT Page 7 of 8 Print Date 12/14/01 SOUTHLAKE CARROLL LACROSSE ASSOCIATION Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 EXHIBIT "C" 2002 FIELD REQUIREMENTS FILLU KLUUIKLIALN 15--SPRING Fields Practice Dates Carroll Intermediate School 111/02-5/12/02. .................. Tuesdays, Wednesdays, Thursdays 4:30 p.m. — 8:30 p.m. Saturdays 8:30 a.m. —1:00 p.m. FIR 17) RPOHIRFMFNTS--FAI I Fields Practice Dates Carroll Intermediate School 9/2/02-12/28/02 Tuesdays, Wednesdays, Thursdays 4:30 p.m. — 8:30 p.m. Saturdays 8:30 a.m. —1:00 p.m. L__________________________________________________________________________ l__________________________________________________________________________ Rev. Date 12/14/01 FACILITIES UTILIZATION AGREEMENT Print Date 12/14/01 SOUTHLAKE CARROLL LACROSSE ASSOCIATION Page 8 of 8 Deleted: 1/025/4/021 Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 Deleted: 12/14/01 Inserted: 12/14/01 Deleted: 12/12/01 outhlake. Texas MEMORANDUM December 5, 2001 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Commercial Developer's Agreement for Lot 7, Block 1, Clariden Ranch, Phase III (The Clariden School). Action Requested: Authorize the Mayor to execute a Commercial Developer's Agreement for Lot 7, Block 1, Clariden Ranch, Phase III (The Clariden School). Background Information: The final plat for Lot 7, Block 1, Clariden Ranch Phase III, (The Clariden School) on N. White Chapel Boulevard across from Bob Jones Park was approved on August 23, 2001. The developer's agreement covers the following public facilities being constructed by the developer: left turn lane on N. White Chapel Boulevard, approximately 400' of Clariden Ranch Road, drainage improvements within the public right of way, public water and sanitary sewer lines. Construction plans have been approved. Financial Consideration: Park Fee is $17,600.00. Water, Sewer and Roadway Impact Fee will be paid by the developer at the time of building permit request. Citizen Input/ Board Review: Lot 7, Block 1, Clariden Ranch Phase III (The Clariden School) is a 22- acre non-residential development. The required land dedication for this development is .44 acres of park land. The equivalent in park dedication fees for this addition, at $800 per gross acre (x) 22 acres is $17,600. The Parks and Recreation Board at their July 9, 2001, meeting approved (3-2) a recommendation to the City Council that the park dedication requirements for this development be met by the payment of $8,800 in park land fees and the CONDITIONAL granting of $8,800 in credit for private open space within the project. Note: The conditional approval stated: "to grant conditional approval to the request, subject to granting 50% credit with the proviso that if an agreement cannot be reached regarding joint use of the fields during non-Clariden business hours that the Board can revisit the provisional grant of 50% credit." Since no agreement has been reached, the developer's agreement includes a park fee of $17,600. Legal Review: This is the City's standard commercial developer's agreement originally drafted by the City Attorney. Alternatives: The Council can approve it, deny it, or modify it. Supporting Documents: Agreement Location Map Plat Exhibit Drainage Improvements Exhibit Water and Sewer Exhibit Street Widening on N. White Chapel Exhibit Staff Recommendation: Council approval of the commercial developer agreement for Lot 7, Block 1, Clariden Ranch Phase III (The Clariden School). Staff Contact: Charlie Thomas. P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/kw COMMERCIAL 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 "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 Addition (a commercial development) 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. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond and 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 the public 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, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter 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. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letter 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. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities 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 for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the 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 retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer 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 fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. 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. H. 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. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. 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 buildings, even though sanitary sewer service may not be available to the buildings. 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, the City, 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 and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation 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 on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of 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. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage 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, engineering, permits and Impact Fees. 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. flow E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this 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 affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the to theiICiwithin It l II be collected prior to contractor's expense. All fees owed y w acceptance of the Addition. F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands 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. H. START OF CONSTRUCTION 7 Before the construction of the water, sewer, streets 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 commencement of any work. 2. At least six (6) sets of construction plans to be stamped must sbe for Construction" by the Director of Public Works m submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the insured y a policy general liability insurance, naming the City as co prior to commencement of any work. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. 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, INVITEES OR TRESPASSERS. 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. 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 judgements which may be incurred by or rendered against them or any of them in connection with 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 or her 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 projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. 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 down 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. III. OTHER ISSUES A. OFF -SITE DRAINAGE B. OFF -SITE SEWER C. OFF -SITE WATER D. PARK FEES The developer will pay a Park Fee of $800 per acre for 22 acres which totals $17,600. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. F. The developer agrees to construct a turn lane on N. White Chapel Boulevard and Clariden Ranch Road in accordance with the approved construction plans. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: The Clariden School AM- Charlane Baccus Title: Secretary - Board of Directors Address: 1325 N. White Chapel Blvd., Southlake, Texas 76092 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 Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 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 (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters 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. 11/08/2001 17:04 FAX 817 735 6064 CARTER & BURGESS City of Southlake, Texas 1� 004/004 MEMORANDUM September 24, 2001 TO: Charlie Thomas, City Engineer FROM: Chris Carpenter, Senior Park P1arwer SUBJECT: Recommended Park Dedication Requirements — Lot 7, Block 7, Clariden Ranch Addition (Clariden School) At their July 9, 2001, meeting, the Parks and Recreation Board considered a recommendation to accept the payment of fees and to accept certain credits in lieu of parkland dedication as meeting the park dedication requirements for Lot 7, Block 7, Clariden Ranch Addition (Clariden School), a 22 acre non-residential development. The required land dedication for this development is .44 acres of park land. The equivalent in park dedication fees for this addition, at $800 per gross acre (x) 22 acres is $17,600. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." The Parks and Recreation Board at their July 9, 2001, meeting approved (3-2) a recommendation to the City Council that the park dedication requirements for this development be met by the payment of $8,800 in park land fees and the CONDITIONAL granting of $8,800 in credit for private open space within the project. NOTE: The conditional approval stated: " ... to grant conditional approval to the request, subject to granting 50% credit with the proviso that if an agreement cannot be reached regarding use of the fields during non-Clariden business hours that the Board can revisit the provisional grant of 50% credit." Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. 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RANCH 1 ROAD v I I I � axN p� t WI I I wA p STA WJb: --1wAw5. �,?SMATCH Ez EO.P .: 10.A' LT. —- - — — — — — SOYOa DRNE OO�N b CL AR/DEN RANCH ROADtit City of Southlake, Texas MEMORANDUM December 6, 2001 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Approve Ordinance No. 813, 0 reading, changing the Street Name of Nolan Drive to S. Nolen Drive from Grapevine city limit to Crooked Lane. Action Requested: Approve Ordinance No. 813, 1" reading, changing the Street Name of Nolan Drive to S. Nolen Drive from Grapevine city limit to Crooked Lane. Background Information: Nolan Drive runs from Crooked Lane south to the City Limits within the Cornerstone Business Park. Cornerstone Business Park Phase 1 was platted in 1998. The plat was filed with the street name inadvertently misspelled as Nolan, however, the construction plans were approved with the street name spelled Nolen. Therefore the street signs were installed with the spelling as Nolen. The intent of the developer of Cornerstone Business Park, GenCap Partners, LP, was that this street would at some fixture date connect to the existing street in the City of Grapevine called Nolen Drive. Nolan Drive currently has 3 addresses on it. GenCap Partners, the developer, has formally requested that street name be changed to reflect the correct name "NOLEN". This street name change will correct a spelling error that occurred with the plat for Cornerstone Business Park Phase 1. The current tenants are using Nolen as their address. To keep the name consistent with the two other segments of this street that have been platted north of Crooked Lane to S.H. 114 with the name spelled Nolen Drive; it is recommended that Nolan be changed to Nolen Drive. Financial Consideration: None. Citizen Input/ Board Review: None. Legal Review: This ordinance is the standard street name change ordinance originally drafted by the City Attorney. Alternatives: The Council may approve it or deny it. Supporting Documents: Letter of request from GenCap, the developer, of the Cornerstone Business Park Ordinance Plat Exhibit Staff Recommendation: Staff recommends that spelling of Nolan Drive be changed to S. Nolen Drive as originally been intended. Staff Contact: Charlie Thomas. P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/kw 1 G - .)4 UmNk-Hr r'HK I IVCKb " 7Cf 1 (401 Cull (� G EN CAP PARTNERS, LP )]7i0 1fsn1 D,,— sua. 1115 1)Abq Trx.t. -i25I rd V2.61).O120 1,*1>, 97.1.671.,)1) 5 rvu. �IJY D62 November 30, 2001 Mr. Pedram Farahnak Director of Public Works City of Southlake Southlake, Texas RE: Change in Spelling of Nolan Dr. Dear Pedra.m: The recorded plat for Comerstone Business Park (Cabinet A. Slide 4010) shows the spelling of Nolan Drive to be NOLAN. This spelling is inconsistent with the spelling appearing for that segment of the road located b�th to the north and south of Cornerstone Business Park. For this reason, we request that the plat be scribed to change the spelling to NOLEN Dr. We have checked with the two tenonts located In our building at 500 Nolen Drive and both are already using the Nolen spelling for their correspondence ,. Sincerely, J ck Lc vette i CITY OF SOUTHLAKE ORDINANCE NO. 813 AN ORDINANCE CHANGING THE NAME OF A STREET LOCATED WITHIN THE CITY PRESENTLY KNOWN AS "NOLAN DRIVE", SOUTH OF CROOKED LANE TO THE SOUTHLAKE CITY LIMITS IN CORNERSTONE BUSINESS PARK PHASE 1, TO "S. NOLEN DRIVE", FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. WHEREAS, a change in the name of the street located within the City of Southlake, Texas (the "City"), presently known as "Nolan Drive", located South of Crooked Lane to the City Limits in Cornerstone Business Park Phase 1, to "S. Nolen Drive" has been requested by the developer; GenCap Partners, L.P. and WHEREAS, it is the intention of the City Council to hereby officially change the name of such street as requested. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. That all of the above premises are found to be true and correct and are tincorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the name of the portion of the street located within the City presently known as "Nolan Drive" south of Crooked Lane to the City Limits in Cornerstone Business Park Phase 1 as described in Exhibit "A", is hereby officially changed to "S. Nolen Drive." Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby expressly repealed to the extent of the inconsistency or conflict. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2001. MAYOR r161wid CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Renaming Nolan Drive to Nolen Drive City of Southlake, Texas MEMORANDUM December 18, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, Ext. 2308 Subject: Award of bid to Wilson Contractor Services, L.L.P for the construction of State Highway 114 Utility Relocations at Highland, White Chapel, and Carroll and approve Change order No. 1. Action Requested: Award the bid to Wilson Contractor Services, L.L.P for the construction of State Highway 114 Utility Relocations at Highland, White Chapel, and Carroll and approve Change Order No. 1. Background Information: The City Council approved funds for the design and construction of utility relocations required as part of the State Highway 114 widening in the FY 2000/2001 CIP. Construction plans and specifications were subsequently prepared by Cheatham & Associates and reviewed by staff for this project. This project includes relocating portions of 12-inch and 20-inch water lines that cross State Highway 114 at Carroll and White Chapel, as well as relocating a water line that runs along State Highway 114 between Highland and Carroll. Staff also recommends executing a change order to install ductile iron pipe for the 20-inch line, as opposed to reinforced concrete cylinder pipe. This product will be much more easily maintainable in the future. Bids were received on November 14, 2001. Eight bids were received, with Wilson Contractor Services being the low bidder. The bids have been reviewed by Cheatham & Associates and city staff, and are tabulated as follows: Wilson Contractor Services, L.L.C. $823,275.00 SRO General Contracting $1,100,000.00 U.U.S, Inc. $1,169,590.91 Pate & Pate, L.L.0 $1,190,260.50 Wright Construction Co. $1,282,854.00 Mid -State Utilities, Inc. $1,292,390.50 Hall Albert Construction Co. $1,324,322.26 Atkins Bros. Equipment Co. $1,485,679.35 Financial Consideration: Funds for the construction are available as follows: FY 2000/2001 SH 114 Utility Relocations $735,041,29 (Current Balance is $735,041.29) 3 0/3 6" Transmission Line $174, 63 0.71 (Current Balance is $2,666,098.00) Total: $909,672.00 Citizen Input/ Board Review: None. Legal Review: Attorney Wayne Olson has been consulted about this project award. Alternatives: The City Council may award or reject this bid. Supporting Documents: Vicinity Map Project Map Staff Recommendation: That the bid be awarded to Wilson Contractor Services, L.L.P. in the amount of $823,275.00 and a change order in the amount of $37,000 be approved to install ductile iron pipe, as opposed to reinforced concrete cylinder pipe. The total amount of the contract after the change order is $872,672.00. In addition, a project contingency of 6%, or $49,397.00 is requested to be authorized for unanticipated changes. Staff Contact: Michael A. Hutchison, E.I.T., Senior Civil Engineer, Ext. 2361 Charlie Thomas, P.E., City Engineer, Ext. 2175 VicinityMap SH 114 Utility Relocations W E �l T - P_� �� rrr) -- } i- 71 Fri' A gkN IT Ij E I�4 - . 1 r L' _ r11 I - Project Location ITT Il r �I 7 p. j LE W - �,� I I ttrl i� _11 _r� �r� ��/,�� --tt ':.tH�I7'-��rr�,rt UD r� I IR ID�IDIIIl1.�- �: y kr Ll W 2 J W F s Z J Ix W 3 J ri GPI/ LEI LtJ ZZ J J Lil Z cr- W — LLJ W _1 33W Q ON3 N M LL LL. 00 '—' J J m L. '/Y)NJ LiJ tQ (n (\i IT U-) MQ • • A W re) oo — ai City of Southlake, Texas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2406) SUBJECT: Authorize the Mayor to enter into an Interlocal Agreement with the City of Grapevine for Animal Control Services. Action Requested: City Council approval of an agreement for certain Animal Control Services between the City of Grapevine and the City of Southlake. Background Information: The City of Southlake Department of Public Safety is charged with the responsibility for animal control activities. This year's budget included a Field Services Officer whose primary duties will be animal control activities. An agreement is still necessary however for the necessary shelter and other services not handled by our Field Services Officer. This agreement is based on a fee for service instead of the current agreement in which Southlake pays a percentage of the total shelter operation cost. This agreement will begin January 1, 2002, if approved. Financial Considerations: This agreement provides a fee schedule for various services. The current agreement cost the City of Southlake $57,566 for the 2000-2001 fiscal year. Based on anticipated use, the proposed agreement is anticipate to cost the City less than $15,000 for the year. The City will still be responsible for the percentage of operational costs for the period of October through December of 2001. The agreement can be terminated at any time with 90 days notice. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: This agreement has been reviewed and approved by City Attorney Debra Drayovitch. Alternatives: Decline the agreement and the City of Southlake will continue to operate under the more expensive percentage of total cost agreement or find another shelter operation with which to contract. Supporting Documents: Agreement for Animal Control Services between the City of Grapevine and the City of Southlake. Billy Campbell December 14, 2001 Page 2 Staff Recommendation: Place the Agreement for Animal Control Service between the City of Grapevine and the City of Southlake on the December 18, 2001 City Council meeting agenda for approval. 2 STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR ANIMAL CONTROL THIS AGREEMENT is entered into this the day of , 2001, between the City of Grapevine, Texas ("Grapevine"), a municipal corporation, and the City of Southlake, Texas ("Southlake"), a municipal corporation. WHEREAS, Grapevine maintains an animal control facility with the capacity to accommodate both its needs and the needs of other cities; and WHEREAS, the growth of Southlake has created the necessity for a city animal control policy and enforcement of animal control laws; and WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, authorizes governmental entities to contract with each other for services, and Southlake desires to contract with Grapevine for the use of its animal control facility and operations; NOW THEREFORE, Grapevine and Southlake agrees as follows: SECTION 1. SERVICES PROVIDED BY GRAPEVINE. Grapevine agrees to provide the following services on behalf of Southlake: (1) Maintain an animal control facility ("facility") that meets all the requirements of state law and that is large enough to accommodate the demand for animal holding services in Grapevine, Southlake, and other entities contracting for its use; (2) Operate the facility in accordance with state laws and regulations, including but not limited to the treating animals humanely while in its custody, holding animals a reasonable period of time before destroying them, returning animals to owners when 3 they are claimed before destruction, humanely destroying animals which are not claimed or placed with new owners, and providing facilities which have been inspected and approved by the Texas Department of Health for rabies observations; (3) Keep the facility open to the public for at least eight hours per day on weekdays and at least three hours on Saturdays excluding holidays for the purpose of giving owners ample opportunity to redeem their impounded animals; (4) Require every owner who redeems an impounded animal to pay the current impoundment and boarding fees; (5) Provide the same shelter facility services to the citizens of Southlake that are provided to the citizens of Grapevine and provide animal control staff sufficient to operate the facility in an efficient, sanitary, and humane manner. These services shall include, but not limited to: (a) The acceptance and boarding of owner surrender animals for adoption. (b) The acceptance of animals impounded by Southlake animal control officials for boarding. (c) The acceptance of owner surrender animals for euthanasia. (d) The preparation of animal heads for rabies testing as well as the proper packing and shipping. (e) The acceptance of animals for quarantine related to possible rabies exposure. The disposition of all animals released to the custody of Grapevine animal control will be in accordance with Grapevine City Ordinance and the Grapevine Police Department Animal Control Division S.O.P. Manual. (6) Provide animal control field services specific to: (a) The pickup and euthanasia of non -releasable wildlife. (b) The pickup and boarding of livestock. 4 (c) The pickup and euthanasia of severely injured animals. (7) Prepare and provide to Southlake a quarterly report that includes the following information: (c) The number of animals accepted from Southlake citizens and animal control officials to be euthanized. (d) The number of animals accepted from Southlake citizens for quarantine related to possible rabies exposure and the total number of days in quarantine. (e) The number of animal heads prepared, packed, and shipped for rabies testing. (f) The number of non -releasable wildlife picked up and euthanized. (g) The number and type of livestock picked up and boarded including the total number of days boarded. (h) The number of severely injured animals picked up and euthanized. SECTION 2. RESPONSIBILITIES OF SOUTHLAKE In the performance of this Agreement Southlake shall: (1) Maintain in force an animal control ordinance that governs animals at large and other regulations determined appropriate by the Southlake City Council, which ordinance shall include provisions for impoundment fees, signs, and rabies control (2) Provide basic animal control services within Southlake including but not limited to: (a) Responding to complaints 5 (b) Impounding animals (c) Issuing citations (d) Purchase and distribution of traps (e) Providing testimony in court (f) Responding to emergency animal control situations (3) Provide a location, staff and equipment within Southlake for the temporary boarding of animals awaiting claim by the owner. (4) Provide information to its citizens on the policies and operations of the temporary holding location within Southlake and the facility within Grapevine. SECTION 3. FEES AND PAYMENTS. Owner surrender animals for adoption: $15.00 Impounded domestic animal for adoption: $15.00 Owner Surrender animal for euthanasia: $35.00 Impounded domestic animal for euthanasia: $35.00 Pick up of releasable wildlife: $20.00 Pick up and euthanasia of non -releasable wildlife: $35.00 Livestock impound fee: $30.00 Livestock boarding fee: $15.00 per day 90-day rabies quarantine: $475.00 45-day rabies quarantine: $240.00 A Submission of animals for rabies testing: $80.00 (2) Disposition of Fees. Grapevine shall retain all fees collected from its activities under Section 1 of this Agreement. (3) Review of Payment for Services (a) Within 30 days after the end of each fiscal quarter Grapevine will generate an invoice to Southlake based on the services provided and terms of this Agreement. (b) Within 30 days of receipt of this invoice the financial officers of the two cities shall review the amount of Southlake's payment for Animal Control services. If they cannot agree the amount invoiced is correct, the two city managers shall consider the matter. If no agreement can be reached, the cities shall retain. the services of an independent accountant to make the determination. The cost of the accountant shall be shared equally between Grapevine and Southlake. (c) Within 90 days before the end of each fiscal year during the term of this Agreement, the two cities shall review the Agreement to determine whether Southlake's payment for services under this Agreement are sufficient to equitably pay for the animal control service provided to Southlake. The determination of "activity attributable to Southlake" shall be made using generally accepted accounting practices. SECTION 4. ENFORCEMENT AUTHORITY. Southlake grants to Grapevine the authority to enforce all ordinances, laws, and regulations in effect within the city limits of Southlake applicable to animal control, including the authority to perform necessary governmental and police powers through 7 its designated officers, including but not limited to impounding animals, issuing citations, testifying in court, issuing appropriate notices and orders, and exercising the power to arrest, and Grapevine agrees to perform these enforcement services on behalf of Southlake. SECTION 5. TERM. The term of this Agreement is one year beginning as of January 1, 2002. Each year this Agreement shall be automatically renewed for an additional one-year term unless either party delivers to the other, written notice of the intent to terminate the Agreement, at least 90 days before the end of the term. Notice under this section must be sent by certified U.S. mail, return receipt requested, to the following: If to Southlake: City Manager City of Southlake 1400 Main Street. Southlake, Texas 76092 If to Grapevine: City Manager City of Grapevine P.O. Box 95104 Grapevine, Texas 76051 Either party may change its address for notice by giving notice of the change in the same manner as for notice of intent to terminate. SECTION 6. INDEMNITY AND DEFENSE Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents, employees, and volunteers, in both their public and private capacities, from and against claims, suits, demands, losses, damages, causes of action, and liability of every kind, including but not limited to, expenses of litigation or settlement, court costs, and attorney fees, which may arise from the acts or omissions of the indemnifying party, whether or not arising from death or injury to a F:3 person or animal or the loss of use of, or damage to property including an animal. In complying with this section neither party shall be liable for injury, death, or damage arising out of or occurring as a consequence of this Agreement to any extent greater than the party would be liable in defense of its actions under the provisions of the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code. SECTION 7. SEVERABILITY If any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. EXECUTED this day of , 2001. CITY OF GRAPEVINE CITY OF SOUTHLAKE Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney City Attorney E L City of Southlake, Texas MEMORANDUM December 3, 2001 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2406) SUBJECT: Authorize the Mayor to enter into a Lease Agreement for Seven Police Traffic Motorcycles between Harley-Davidson of Dallas and the City of Southlake. Action Requested: City Council approval of a lease agreement for seven Police Traffic Motorcycles and related maintenance between Harley-Davidson of Dallas and the City of Southlake. Background Information: The City of Southlake Department of Public Safety utilizes seven Harley- Davidson motorcycles for traffic enforcement and response to accidents and other calls for service. Detailed cost analysis has shown that it is more cost effective to lease these vehicles with maintenance included than to purchase and maintain them internally. Harley-Davidson of Dallas was the only bidder because of the inclusion of maintenance in the agreement. Financial Considerations: This lease agreement provides a fee of $299.00 per month per motorcycle for a total of $25,116.00 for the year. Funds were budgeted for this expense. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: This agreement has been reviewed and approved by City Attorney Debra Drayovitch. Alternatives: Purchase price for these motorcycles is $17,500 each with standard equipment. Most police agencies replace motorcycles after three years or 45,000 miles prior to large expenditures for overhauls. After the first year warranty, maintenance averages $2,200 annually for a three year cost of ownership of $153,300 or $608 per month per motorcycle. Supporting Documents: Lease Agreement with Harley-Davidson of Dallas. Staff Recommendation: Place the Lease Agreement for leasing seven motorcycles from Harley- Davidson of Dallas on the December 18, 2001 City Council meeting agenda for approval. 1 0 Made this DALLAS HARLEY-DAVIDSON-- - 3914 S. Shiloh Road #200 Garland, Texas 75041 4e Buen (972) 864-4647 (HOGS) FAX (972) 271-5128 ' AMERICAN MOTORCYCLES day of A.D. 2001 BY AND BETWEEN Harley-Davidson of Dallas.. Inc. herein called lessor and the City of Southlake Police Department herein called the lessee, WITNESSETH, that in consideration of the covenants herein contained, on the part of said lessee to be kept and performed, the said {essur does hereby lease to the said lessee the tafflowing described property: 1HDiFHW FLHPI 2002 1HD1FHW FLHPI 2002 1HDIFHW FLHPI 2002 1HDIFHW FLHPI 2002 1HDiFHW FLHPI 2002 1HDIFHW FLHPI 2002 1HDIFHW FLHPI 2002 TO HAVE AND TO HOLD the same for the term of 12 months from the day of A.D. 2001, the said lessee herefor the Monthly rent of $ 299.00 per motorcycle, for a total of $ 25,116.00. And the said lessee covenant with the said lessor to pay the said rent in 12 payments of $ 2,093.00 each on the 15th day of each and every Month for the said term. The first payment to be made in 2001. 1. PURPOSE The lessee wishes to enter into a contract to lease motorcycles for use by the Police Department for 12 months. The City of Southlake Police Dept reserves the right to extend the contact for one year period (not to exceed two extensions). Providing: both parties agree to the extension, that all the specifications, terms, and conditions remain the same, and such extensions) is approved by both parties. 2. EXPENSES The lessee will be responsible for all gasoline costs. All other expenses, fees, and costs such as state inspection and licenses will be the responsibility of the lessor as the contractor. 2 12/12/2001 WED 16:02 FAX 9722715128 HARLEY DAUIDSON 0 002 LY. DALLAS HARLEY-DAVIDSON --! - 3914 S. Shiloh Road #200 1 Garland, Texas 75041 4e BU611 (972) 864-4647 (HOGS) FAX (972) 271-5128 4e 011°""'"" 3. MAINTENANCE All maintenance and repairs will be the responsibility of the lessor. EXCEPTION: Repairs as a result of an accident or negligence on the part of the Police Department will be the responsibility of the lessee (the City). The Police Department will make the cycle available under any scheduled maintenance program. 4. USE The Police Department reserves the right to use the cycle as required in order to perform their required duties. S. INSURANCE/INDEMNIFICATION a. Control of Vehicles The lessee shall be presumed to have control of leased cycles when the keys to such cycle are entrusted to the City and until such time as the keys are returned to the contractor for maintenance or their carp, custody, or control. b. Cycle Physical Damage Insurance The lessee shall be responsible for all losses to leased cyder while under the care of the lessee. Should the contractor as the lessor or his designee repair a damaged leased cycle, the City's liability for payment of such expense shall be based on the same reasonable standards and practices as employed by insurance companies in the area. The City will not be responsible for any damages to the leased cycle while it is under the care, custody or control of the contractor (lessor). The Styr howevetr will also not be responsible of reasonable wear and tear to said leased cycle. In the event of a total kas, the City's maxumum exposure to the lessor shall be the wholesale value of the cycle at the time of loss (less salvage) as indicated by the "RED BOOK" or it nary as determined by an Independent appraisal by a party mutually agreeable to the lessor and the City of Southlake Police Dept. a Natwiths- 'Ing the provisions of subsections a. and b. above, Lessee shall not be responsible for losses to leased cycles while under the care of the Lessee N the loss or damage is caused by a negligent act or omission of lessor, Its agents, officers, or employees. WITNESS our hands and seals this day of 2001• Signed, Sealedr and Delivered in Presence oft Steven P. Bell op General Manager signature Signature City of Southlake, Texas MEMORANDUM December 12, 2001 i ITO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Award of bid for Furniture for the West DPS facility to Dallas Desk, Inc. Action Requested: Award the bid for Furniture for the West DPS facility to Dallas Desk, Inc. for $68,700.85. Background Information: Recall that a line item exists within the Crime Control and Prevention District budget that provides monies for the purchase of furniture, fixtures and equipment (FF&E) for the West DPS facility. The original line item allocated $96,800.00 for such purchases and was increased to $151,000.00 in the adoption of the FY 2001-02 budget. In July, 2001, Phillips Swagger and Associates was contacted and requested to submit a quote for FF&E services. The quote submitted resulted in a total sum of $218,012.00. After careful review, staff determined that the City could coordinate and purchase the necessary FF&E needed to open the facility at a more reduced and responsible cost. In August 2001, staff began developing the specifications for the FF&E needs of the West site and spent considerable time and effort developing bid specifications based on the particular furniture manufacturer, style, and color that would best fit the style of the building and provides longest useful life. A bid opening for the furniture was held on December 3, 2001 resulting in the receipt of three bids. Dallas Desk, Inc. was the only vender to bid the complete package and was the only bidder providing the specific furniture specified in the bid specifications. Financial Considerations: The apparent low bidder for the project was Corporate Express with a base bid of $20,672.46. Corporate Express did not bid on six of the twenty four requested items and substituted a different manufacturer. The second low bidder was Bauhaus Interiors with a total bid of $47,791.58. Bauhaus Interiors also did not bid on six of the twenty four requested items and also substituted a different manufacturer. While the City is able to award this bid by line item, the line items in which the bid was lower than Dallas Desk bid are items of different manufacture or style than those specified in the bid request. 1 Billy Campbell, City Manager December 12, 2001 Page 2 The selection of Dallas Desk, Inc. represents the best value for the City of Southlake. The capital projects budget originally allocated $3,863,681 for the west facility which included $96,800 for FFE. The budget was updated and lowered to reflect the cost savings effort made by staff to reflect a total construction cost of $3,455,000 including $151,800.00 allocated for FF&E. The low bid is therefore financially favorable to the District. Citizen Input/ Board Review: The Crime Control and Prevention Board approved the updated costs for funding of the West DPS facility on July 18, 2001. Council subsequently approved the funding in the FY 2001-02 budget. Legal Review: The City Attorney is familiar with the bid process and results of the bid opening for the DPS West Facility furniture. Alternatives: Deny awarding of the bid to the Dallas Desk and instruct staff to reconsider the bid specifications. This will delay aspects of opening of the West DPS facility. Supporting Documents: West DPS Facility Bid Tabulation Summary Sheet Staff Recommendation: After a great deal of analysis by staff, Dallas Desk is recommended as the contractor to be awarded the bid for furniture for the West DPS facility. Staff spent extensive efforts in reviewing available furniture, visiting offices where the furniture was in use, seeking recommendations from users, and selecting both the style and manufacture that would best fit the offices and work spaces of the new facility. Staff recommends the awarding of the contract to Dallas Desk, Inc. 2 Southlake DPS West Facility Fumiture Bid Analysis Dallas Corporate Bauhaus Line Item Quanity Desk Express Interiors Lounge Chair 6 $3,214.80 $3,121.20 $3,597.26 Transit Chair 44 $6,911.52 $1,577.95 $4,462.92 Round Table 1 $581.97 $257.31 $260.37 Folding Tables 10 $4,801.90 $941.40 $3,910.70 Lectern 1 $593.49 $111.62 NO BID Chair Dolly 1 $163.77 $110.28 $173.56 Work Station (6x7) 10 $13,368.80 NO BID $9,332.40 Task chair warms 17 $4,412.52 $3,087.37 $3,333.70 Bookcase 10 $3,782.40 $892.10 $2,892.24 Lateral File 10 $6,973.30 $2,393.80 $3,986.70 Guest Chair 22 $3,240.38 $3,205.18 $5,024.14 Work Station (6X5) 3 $3,016.14 NO BID $2,602.62 Armless Task Chair 3 $471.24 $840.51 $480.12 Utility Table 1 $223.85 $104.90 $235.95 Metal Side Chair 1 $101.97 $97.24 NO BID Desk with left return 2 $2,010.76 $935.10 $1,097.60 Task Stool 2 $453.20 $381.04 $324.58 Pine Bench 3 $3,120.90 NO BID NO BID Recliner 4 $1,681.96 $1,658.84 $2,263.68 Sofa 2 $3,558.96 NO BID NO BID End Tables 2 $469.08 $268.06 NO BID Dining Tables 4 $1,500.00 NO BID $2,732.88 Black Plastic Chair 16 $1,009.44 $688.56 $1,080.16 Twin Bed 10 $3,038.50 NO BID NO BID TOTAL $68,700.85 $20,672.46 $47,791.58 Note: Corporate Express only bid 11 Transint Chairs 3 City of Southlake Department of Planning STAFF REPORT December 14, 2001 CASE NO: ZA01-114 PROJECT: Lots 1R, 2R, and 3R, Block 4, Cornerstone Business Park REQUEST: On behalf of Southlake Cornerstone Business Park A, L.P., JDJR Engineers & Consultants, Inc. is requesting approval of a plat revision. ACTION NEEDED: Consider plat revision approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-114 4 0 OWNER: APPLICANT: BACKGROUND INFORMATION Southlake Cornerstone Business Park — A, L.P. JDJR Engineers & Consultants, Inc. PURPOSE: The purpose of this request is to reconfigure five platted lots into three lots and abandon easements along the existing lot lines. PROPERTY SITUATION: The property is located between Silicon Drive, Nolan Drive, and Exchange Boulevard. LEGAL DESCRIPTION: Lots 1, 2, 3, 4, & 5, Block 4, Cornerstone Business Park LAND USE CATEGORY: Industrial CURRENT ZONING: " I-1" Light Industrial District P&Z ACTION: December 6, 2001; Approved (6-0) subject to Plat Review Summary No. 2, dated November 30, 2001. STAFF COMMENTS: Attached is Plat Revision Review Summary No. 2 dated November 30, 2001. Case No. Attachment A ZA01-114 Page 1 v Case No. ZA01-114 Vicinity Map Cornerstone Business Park Block 4, Lots 1 R, 2R, & 311 1000 0 1000 2000 3000 Feet �r N S E Attachment B Page 1 i s_ a w W. ��'i= t d i}3 z i _, :�•, m lL W i� 5 T 5 j xn}4C a Fk3 5 Ya N p z .wv so ilia dt: j: 2 ♦. a6 -y b � �bR ; - � i { b3S `a Fg ly nF` F d h :I cz cs a E S .< 8. }S 3 iz � ifs 3 ..g � � � Ea g. ..Yx p{ }+ ? I ! � •1 � ' x �� i3ss �° �< '° ;x � tx •se 1 T a i �x. e 3 �? � ce 4 P Y3 xja AN l � •�,� 'Y rj'l � 4 If Ti X ,}g iS � I t 4 �,. / \ \'�.• `y. "b c Asa �i4 `']"5" ax s I o i s 4aSs yygS' 'bin 00 �" \ . ' . -.— ...._..— ... ---• -^ -- a --- � a a24 a'' Yai N_aaN i R. $ S• Case No. ZA01-114 Attachment C Page 1 s PLAT REVIEW SUMMARY Case No.: ZA01-114 Review No.: Two Date of Review: 11/30/01 Project Name: Plat Revision — Lots 1R, 2R & 3R, Block 4, Cornerstone Business Park OWNER: Southlake Cornerstone Business Park Jack Lovette 12750 Merit Drive #1175 Dallas, TX 75251 Phone: (972) 671-9120 Fax: (972) 671-9115 ENGINEER: JDJR Jim Dewey, Jr. 2505 Texas Drive, Suite 109 Irving, TX 75082 Phone: (972) 252-5357 Fax: (972) 273-8860 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/19/01 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. The applicant has met the requirements of previous reviews and is consistent with the City's ordinance requirements. INFORMATIONAL COMMENTS * It appears this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. * 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 three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V 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 ZA01-114 Page 1 0 Case No. ZA01-114 Surrounding Property Owners Cornerstone Business Park Block 4, Lots 1R, 2R, & 3R Owner Zoning Land Use Acreage 1. Southlake 1. 0-1 1. Office Commercial 1. 1.60 Cornerstone 2. Southlake 2. I-1 2. Industrial 2. 1.67 Cornerstone 3. Southlake 3. 1-1 3. Industrial 3. 1.54 Cornerstone 4. Sandy/Mac Partners 4. I-1 4. Industrial 4. 1.54 5. SLJ Cornerstone 5 1-1 5. Industrial 5. 1.57 6. SLJ Cornerstone 6. 1-1 6. Industrial 6. 1.55 7. CBB Properties 7. 1-1 8. Industrial 7. 1.09 8. M. Hanlon 8. 1-1 8. Industrial 8. 1.37 9. Integrated Interiors 9. I-1 9. Industrial 9. 1.31 10. Southlake 10 0-1 10. Office Commercial 10. 1.65 Cornerstone 11. Southlake 11. 0-1 11. Office Commercial 11. 1.55 Cornerstone 12. Southlake 12. 0-1 12. Office Commercial 12. 1.54 Cornerstone 13. Myan Plaza 13. 0-1 13. Office Commercial 13. 1.41 14. Southlake 14. 0-1 14. Office Commercial 14. 1.84 Cornerstone 15. Southlake 15. 0-1 15. Office Commercial 15. 1.63 Cornerstone Attachment E Page 1 ( Surrounding Property Owners Responses Cornerstone Business Park Block 4, Lots 1R, 2R, & 3R Notices Sent: Seven (7) Responses: One (1) Ralph Williams, for Myan Plaza, L.P., 520 Silicon Drive, Southlake, TX is in favor. (Received December 3, 2001) Case No. Attachment F ZA01-114 Page 1 City of Southlake Department of Planning STAFF REPORT December 14, 2001 CASE NO: ZA01-032 PROJECT: Aventerra Southlake Tract II REQUEST: On behalf of Westerra Southlake, L.P., Carter & Burgess, Inc. is requesting approval of a zoning change and concept plan. ACTION NEEDED: 1. Conduct Public Hearing 2. Consider second reading for zoning change and concept plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance 480-221 A (H) Full Size Plans, Permitted Uses and Development Standards (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-032 �w BACKGROUND INFORMATION OWNER: Westerra Southlake, L.P. APPLICANT: Carter & Burgess, Inc. PURPOSE: The purpose of this request is to incorporate newly acquired tracts of land into the "NR-PUD", revise parcel boundaries and permitted uses within the district. PROPERTY SITUATION: This property is located north of State Highway 114 between N. White Chapel Boulevard and N. Carroll Avenue. HISTORY: The City Council approved a zoning change request and concept plan to "NR-PUD" on May 20, 1997. LEGAL DESCRIPTION: Being Tracts 3 and 4A1 situated in the A. Chivers Survey Abstract No. 299 and Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, and 3B2 situated in the L. Chivers Survey Abstract No. 300 the total area being approximately 281.26 acres. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD", "C-2" Local Retail Commercial District, "B-2" Commercial Manufacturing District, and "AG" Agricultural District. REQUESTED ZONING: "NR-PUD" Non -Residential Planned Unit Development District with uses as specified on the concept plan and in the attached list of permitted uses. These uses are generally "CS" Community Service District, "01" Office District, "02" Office District, "C 1" Neighborhood Commercial District, "C2" Local Retail Commercial District, "C3" General Commercial District, `B1" Business Service Park District, and "HC" Hotel District, with mixed -use commercial uses including certain other permitted and accessory uses which are generally related to communication, computer, and information technologies; training; and conference centers; parking structures; heliport/stop and vertiport/stop; hotel, restaurant, retail and office uses. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. White Chapel Blvd to be a 5- lane, undivided arterial street with 94' of R.O.W. and recommends N. Carroll Ave to be a 3-lane, undivided arterial street with 94' of R.O.W. Adequate right-of-way has been shown for both streets. Dedication would be required with the Final Plat(s). Case No. Attachment A ZA01-032 Page 1 Exiting Area Road Network and Conditions The proposed site will have one (1) street accessing N. White Chapel Blvd and two (2) streets accessing onto State Highway 114 frontage road. A street stub is being shown into the south property line for a possible connection with Highland Street or State Highway 114. No street access has been shown on N. Carroll Ave. Current and proposed regulations restrict access onto N. Carroll Avenue. N. White Chapel Blvd is a 2-lane, undivided roadway along the west boundary of the project running north/south. N. Carroll Ave is also a 2-lane, undivided roadway running north/south along the east boundary. East Highland Street is an east/west roadway. It is currently a 2-lane, undivided roadway. The Master Thoroughfare Plan recommends E. Highland Street to be a 4-lane, undivided arterial street with 74' of R.O.W. May, 2001 traffic counts on N. White Chapel (between SH 114 and Dove Street): Table #1 24hr North Bound (NB) (2,140) South Bound (SB) (2,518) NB Peak A.M. (173) 7 — 8 a.m. Peak P.M. (231) 5 — 6 p.m. SB Peak A.M. (281) 7 — 8 a.m. Peak P.M. (231) 5 — 6 p.m. May, 2001 traffic counts on N. Carroll Ave (between Highland Street and Dove Street): Table #2 24hr North Bound (NB) (2,089) South Bound (SB) (2,303 NB Peak A.M. (193) 8 — 9 a.m. Peak P.M. (227) 3 — 4 p.m. SB Peak A.M. (304) 7 — 8 a.m. Peak P.M. (188) 3 — 4 p.m. May, 2001 traffic counts on State Highway 114 (between White Chapel Blvd and Carroll Ave): Table #3 24hr West Bound (WB) (24,808) East Bound (EB) (25,622) WB Peak A.M. (1,848) 8 — 9 a.m. Peak P.M. (2,098) 5 — 6 p.m. EB Peak A.M. (2,134) 8 — 9 a.m. Peak P.M. (1,938) 5 — 6 p.m. WATER & SEWER: There is an existing 6" water line along the west side of Carroll Ave. There is an existing 10" sanitary sewer along the southeast portion of this property. P&Z ACTION: November 8, 2001; Approved (6-1) subject to Concept Plan Review Summary No. 4, dated November 2, 2001, and requiring a 300' setback along Carroll Avenue. CITY COUNCIL ACTION: November 26, 2001; Approved first reading (7-0) subject to Concept Plan Review Summary No. 5, dated November 16, 2001, requiring a 300' setback subject to City Council discretion. Case No. Attachment A ZA01-032 Page 2 STAFF COMMENTS: Attached is Concept Plan Review SummaryNo. 5, dated November 16, 2001. The applicant is requesting approval of the plan, uses and development standards as proposed in the attached documents. The primary changes in the existing NR-PUD and the proposed NR-PUD are as follows: • Addition of approximately 10 acres of land located along S.H. 114 and at the northeast corner of N. White Chapel and S.H. 114. • Change in parcel boundaries Creation of a new parcel boundary • Deletion of Retail Commercial and Hotel District uses ("C-1", "C-2 66C-311, "HC" ) from Parcel C Deletion of various district uses Attachment A Case No. Page 3 ZA01-032 Vicinity Map Aventerra Tract II 1000 0 1000 2000 3000 Feet W 01 S E Case No. Attachment B ZA01-032 Page 1 R Case No. ZA01-032 i ti Jill Mi a 1 i, o I J If � $� f "� Jy3g3 y- o Attachment C Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA01-032 Review No.: Five Date of Review: 11/16/01 Project Name: Concept Plan — Aventerra, Tract 11(formerly Timarron Commercial Tract II) APPLICANT: Westerra/Southlake LP 1207 S. White Chapel Blvd, Suite 150 Southlake, TX 76092 Phone: (817)481-0135 Fax: Attn: Jim Baker ENGINEER: Carter & Burgess, Inc. 777 Main Street Fort Worth, TX 76102 Phone: (817)735-6021 Fax: (817) 735-6148 Attn: Brett Blankenship CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT THE CONCEPT PLAN RECEIVED BY THE CITY ON 10/22/01 AND THE DEVELOPMENT REGULATIONS RECEIVED BY THE CITY ON 11/08/01 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. The following changes are needed on the proposed Concept Plan: Label all building lines. 2. Update notes section to match new plan and regulations. 3. Provide trails in compliance with the City's Pathways Master Plan. The following are required: a minimum 8' multi -use trail along Aventerra Blvd and along SH 114; a natural trail is required along area adjacent to Dove Creek. The following changes are needed regarding permitted use list and development regulations: 4. Include referenced exhibits in the document (concept plan, slope setback, bufferyard and open space). Informational Comments: A development plan and preliminary plat must be approved prior to further development of this site. Prior to issuance of a building permit a site plan and final plat must be approved and the final plat filed of record in the County Plat Records. Subsequent development plans and site plans will be reviewed based on the appropriate zoning district regulations as determined by the proposed use. A traffic impact analysis will be required with the submittal of any development plan and/or site plan. The TIA must encompass the entire tract and not just the portion for which the development plan is being submitted. All major street systems must be in compliance with city thoroughfare plans as amended and all sidewalks must match the city's Master Trail Plan as amended. Case No. Attachment D ZA01-032 Page 1 * Portions of this site fall within the applicability of the "Residential Adjacency Standards" of Ordinance 480, Section 43, Part III as well as the "Corridor Overlay Zone" regulations in Ordinance 480, Section 43, Part H. 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 §43.13 a, 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 §43.131 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. * It appears that a portion of this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Case No. Attachment D ZA01-032 Page 2 Surrounding Property Owners (M- Aventerra Tract II 43 Case No. ZA01-032 4 5 6 7 8 1 9 110 34 32 JACK D. JO H 7736 36 35 ELEIA EN TAR 33 ��irC SCHOOL 31 Attachment E Page 1 , Owner Zoning Land Use Acreage 1. H. Thrasher 1. AG 1. Low Density Residential 1. 1.082 2. W. Thrasher 2. AG 2. Low Density Residential 2. 1.788 3. C. Leach 3. AG 3. Low Density Residential 3. 2.080 4. W. Davis 4. AG 4. Low Density Residential 4. 8.871 5. T. Moore 5. AG 5. Low Density Residential 5. 11.15 6. S. Callicott 6. SF-1A 6. Low Density Residential 6. 4.787 7. C. Estes 7. AG 7. Low Density Residential 7. 11.38 8. W. Frank 8. AG 8. Low Density Residential 8. 20.10 9. K. Mussina 9. AG 9. Low Density Residential 9. 8.388 10. R. Morganstean 10. AG 10. Low Density Residential 10. 3.603 11. V. Staley 11. AG 11. Low Density Residential 11. 0.964 12. K. Lewis 12. AG 12. Low Density Residential 12. 0.350 13. G. Roberts 13. SF-20A 13. Low Density Residential 13. 0.612 14. V. Martin 14. AG 14. Low Density Residential 14. 0.974 15. W. Booker 15. AG 15. Low Density Residential 15. 0.430 16. A. Cercone 16. AG 16. Low Density Residential 16. 0.411 17. W. Booker 17. AG 17. Low Density Residential 17. 0.196 18. D. Rockenbaugh 18. AG 18. Low Density Residential 18. 15.84 19. J. Haltom 19. AG 19. Low Density Residential 19. 10.03 20. B. Knox 20. AG 20. Low Density Residential 20. 10.49 21. R. Birchfield 21. AG 21. Low Density Residential 21. 0.801 22. L. Hight 22. AG 22. Low Density Residential 22. 1.201 23. M. Williams 23. SF-lA 23. Low Density Residential 23. 1.780 24. T. Mullaney 24. SF-1A 24. Low Density Residential 24. 1.755 25. C. Ensenberger 25. SF-1A 25. 100 Year Flood Plain 25. 2.648 26. D. Grubbs 26. SF-1A 26. 100 Year Flood Plain 26. 1.792 27. W. Purvis 27. SF-lA 27. 100 Year Flood Plain 27. 1.382 28. J. Murphy 28. SF-1A 28. 00 Year Flood Plain 28. 1.971 29. D. Conrad 29. AG 29. 100 Year Flood Plain 29. 0.901 30. R. Lawler 30. SF-1A 30. Low Density Residential 30. 1.238 31. Carroll Isd 31. CS 31. Public/Semi-Public 31. 15.60 32. D. Burgess 32. AG 32. Mixed Use/ Flood Plain 32. 7.338 33. Highland Group 33. C3 33. Mixed Use/ Flood Plain 33. 12.10 34. Oscar Wolfe Family 34. CS 34. Mixed Use/ Flood Plain 34. 0.121 35. Highland Ltd 35. AG 35. Office Comm/Flood Plain 35. 3.808 36. Highland Group 36. AG 36. Office Comm/Flood Plain 36. 6.688 37. Highland Group 37. AG 37. Office Comm/Flood Plain 37. 3.641 38. C. Chang 38. AG 38. Office Comm/Flood Plain 38. 5.586 39. S. Kidwell 39. C2 39. Office Commercial 39. 6.577 40. Town & Country 40. C2 40. Retail Commercial 40. 1.890 Food 41. H. Knight 41. C2 41. Retail Commercial 41. 1.636 42. J. Shivers 42. AG 42. Mixed Use 42. 1.197 43. Shivers Family 43. AG 43. Mixed Use 43. 44.41 Partnership 44. State of Texas 44. C3 44. Retail Commercial 44. 1.957 45. DFW/White Chapel 45. C3 45. Retail Commercial 45. 5.911 Rd. 46. State of Texas 46. C3 46. Retail Commercial 46. 1.287 47. State of Texas 47. C3 47. Retail Commercial 47. 1.714 48. State of Texas 48. C3 48. Retail Commercial 48. 1.660 49. White Chapel Lie. 49. C3 49. Retail Commercial 49. 3.699 50. White Chapel Lie. 50. C3 50. Retail Commercial 50. 44.41 51. L. Brightbill 51. AG 51. Office Commercial 51. 22.78 52. W. Cook 52. B2 52. Office Comm/Flood Plain 52. 4.626 Case No. Attachment E ZA01-032 Page 2 taw Surrounding Property Owners Responses Aventerra Tract II Notices Sent: Forty-six (46) Responses: Four (4) responses were received from surrounding property owners within the 200' notification area: • Terrie Thrasher, 1965 N. White Chapel, Southlake, TX is opposed, "I oppose the rezoning and revised concept plan because of the reduced buffer zone from 100 feet to 35 feet. I do not want to see buildings on the side and back of my residence, in addition to the increase in traffic." (Received November 6, 2001) • Imogene Thrasher, 1975 N. White Chapel, Southlake, TX is opposed, "I oppose the rezoning and revisions because of the reduced buffer zone from 100 feet to 35 feet. I do not want to be surrounded by commercial business and increased traffic." (Received November 6, 2001) • Dan Peoples, White Chapel LLC, 1517 Cottonwood Valley South, Irving, TX is in favor. (Received November 6, 2001) • Sonja Callicott, 435 E. Dove Road, Southlake, TX is opposed, "My daughter and I own 13 acres (have for over 20 yrs.) and do not want commercial buildings at the side of my home (within 100 yards)." (Received November 7, 2001) Case No. Attachment F ZA01-032 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-221A 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 3 AND 4A1 SITUATED IN THE A. CHIVERS SURVEY ABSTRACT NO.299 AND TRACTS 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, AND 3B2 SITUATED IN THE L. CHIVERS SURVEY ABSTRACT NO.300, BEING APPROXIMATELY 281.26 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, 66C-2" LOCAL RETAIL COMMERCIAL DISTRICT, "B-2" COMMERCIAL MANUFACTURING DISTRICT, AND "AG" AGRICULTURAL DISTRICT TO "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT, "O1" OFFICE DISTRICT, "02" OFFICE DISTRICT, "Cl" NEIGHBORHOOD COMMERCIAL DISTRICT, "C2" LOCAL RETAIL COMMERCIAL DISTRICT, "C3" GENERAL COMMERCIAL DISTRICT, `B1" BUSINESS SERVICE PARK DISTRICT, AND "HC" HOTEL DISTRICT, WITH MIXED -USE COMMERCIAL USES INCLUDING CERTAIN OTHER PERMITTED AND ACCESSORY USES WHICH ARE GENERALLY RELATED TO COMMUNICATION, COMPUTER, AND INFORMATION TECHNOLOGIES; TRAINING; AND CONFERENCE CENTERS; PARKING STRUCTURES; HELIPORT/STOP AND VERTIPORT/STOP; HOTEL, RESTAURANT, RETAIL AND OFFICE USES AS DEPICTED ON THE APPROVED CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, 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 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 Case No. Attachment F ZA01-032 Page 1 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 "NR-PUD" Non - Residential Planned Unit Development District, "C-2" Local Retail Commercial District, `B-2" Commercial Manufacturing District, and "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 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, Case No. Attachment G ZA01-032 Page 1 schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Case No. Attachment G ZA01-032 Page 2 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 3 and 4A1 situated in the A. Chivers Survey Abstract No. 299 and Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, and 3B2 situated in the L. Chivers Survey Abstract No. 300, and being approximately 281.26 acres, and more fully and completely described in Exhibit "A" from "NR-PUD" Non -Residential Planned Unit Development District, "C-2" Local Retail Commercial District, "B-2" Commercial Manufacturing District, and "AG" Agricultural District To "NR-PUD" Non -Residential Planned Unit Development District With "CS" Community Service District, "O-1" Office District, "0-2" Office District, "C-l" Neighborhood Commercial District, "C-2" Local Retail Commercial District, "C-3" General Commercial District, `B-1" Business Service Park District, and "HC" Hotel District, with mixed -use commercial uses including certain other permitted and accessory uses which are generally related to communication, computer, and information technologies; training; and conference centers; parking structures; heliport/stop and vertiport/stop; hotel, restaurant, retail and office uses as depicted on the approved Concept Plan, including PUD development standards, attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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, Case No. Attachment G ZA01-032 Page 3 subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said Case No. Attachment G ZA01-032 Page 4 tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more. than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as Case No. Attachment G ZA01-032 Page 5 required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR hWWW''16 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA01-032 Attachment G Page 6 Tracts 3 and 4A1 situated in the A. Chivers Survey Abstract No. 299 And Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, and 3B2 situated in the L. Chivers Survey Abstract No. 300, being approximately 281.26 acres. BEGINNING at the intersection of the easterly right-of-way of White Chapel Road ( a variable width right-of-way) and the northerly right-of-way of State Highway 114 (a variable width right-of-way); THENCE N 32047'02"W, 67.30 feet; THENCE N 00003'31 "W, 95.90 feet; THENCE N 89056'11 "W, 13.90 feet; THENCE N 00010'43"W, 456.74 feet; THENCE N 89056'04"W, 46.62 feet; THENCE N 00016'58"E, 891.21 feet; THENCE S 89056'18"E, 464.10 feet; THENCE N 00026'21 "E, 469.81 feet; THENCE S 89039'57"E, 2142.64 feet; THENCE S 00018'25"W, 653.61 feet; THENCE S 89038'11"E, 2569.25 feet; THENCE S 00006'03"E, 1705.20 feet; THENCE N 89037'13"W, 181.10 feet; THENCE S 00008'21 "E, 246.80 feet; THENCE S 89057'38"E, 144.80 feet; THENCE S 01049'37"E, 266.64 feet; THENCE N 88059'38"W, 1042.06 feet; THENCE S 00044'43"E, 299.83 feet; THENCE N 88039'37"W, 855.43 feet; THENCE N 88040'46"W, 668.28 feet; THENCE N 00021'14"W, 420.81 feet; THENCE N 89024'48"W, 468.55 feet; Case No. Attachment G ZA01-032 Page 7 THENCE S 03024'14"E, 212.71 feet, to the aforementioned northerly right-of-way, and the beginning of a non - curve to the left; THENCE with said northerly right-of-way the following courses and distances; with non -tangent curve to the left, an arc distance of 463.65 feet, through a central angle of 03°28'06", having a radius of 7659.44 feet, the long chord of which bears N 61045'09"W, 463.58 feet; N 65°33'22"W, 1087.68 feet; N 65°33'22"W, 462.30 feet; THENCE N 64057'37"W, 241.16 feet to the Point of Beginning and containing 281.26 acres of land more or less. NOTE: THIS DOCUMENT WAS PREPARED UNDER 22 TAC '663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY, EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. Case No. Attachment G ZA01-032 Page 8 EXHIBIT "B" Case No. Attachment G ZA01-032 Page 9 The following requirements and prohibitions are applicable to the use ofthe property. Westerra Southlake, L.P., a Delaware limited partnership ("Westerra") is requesting modification to Ordinance 480-221. It is envisioned to be a "Mixed Use Business Park" development allowing a variety of land uses that will respond to the current and future market demands and ensure compatibility of land uses through creative planning. The Non -Residential P.U.D. request will divide Tract II into four (4) separate parcels and will allow the following land use categories for each: PARCELA • Residential* • CS - Community Service District (Sec. 8) • 01 - Office District (Sec. 18) • B1 - Business Service Park District (Sec. 24) PARCEL B • Residential* • CS - Community Service District (Sec. 8) • 01 - Office District (Sec. 18) • B1 - Business Service Park District (Sec. 24) PARCEL C • Residential* • CS - Community Service District (Sec. 8) • 01 - Office District (Sec. 18) • 02 — Office District (Sec. 19) B1 — Business Service Park District (Sec. 24) PARCEL D • Residential* • CS - Community Service District (Sec. 8) • 01 - Office District (Sec. 18) • 02 - Office District (Sec. 19) • C1 - Neighborhood Commercial District (Sec. 20) • C2 - Local Retail Commercial District (Sec. 21) • C3 - General Commercial District (Sec. 22) • B1 - Business Service Park District (Sec. 24) • HC - Hotel District (Sec. 28) The Non -Residential PUD shall allow ancillary residential uses, limited to the zoning classifications RE, SF1A, SF30 and SF20, on up to 10% of the land in the NRPUD (28.13 acres total) which may be aggregated in one or more of the applicable parcels. The permitted accessory uses, specific use permits, special exception uses and development regulations shall be as provided in the underlying RE, SF1A, SF30, and SF20 zoning districts set forth in Ordinance No. 480, as amended. Case No. Attachment G ZA01-032 Page 10 PERMITTED USES — PARCEL A It is intended that the Non -Residential P.U.D. shall permit those uses in Parcel A as are defined under the land use categories identified in this document (as established in the City's Comprehensive Zoning Ordinance No. 480) and shall specifically include those uses described as: • "Permitted Uses" • "Accessory Uses" • "Specific Use Permits" • "Special Exception Uses" • Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or have not been defined by current technology. LAND USES There are exceptions to the permitted uses. Those uses identified with a double asterisk (**) shall require a Specific Use Permit (SUP). Sexually oriented businesses will not be permitted on Tract II. RESIDENTIAL Permitted Uses 1. RE - Single Family Residential Estate 2. SF1A - Single Family Residential 3. SF-20 - Single Family Residential 4. SF-30 - Single Family Residential — COMMUNITY SERVICE DISTRICT Permitted Uses - BY SUP ONLY 1. KiRdergaFteRS, **2. Higher education institutions **3. Museums, libraries, fine arts centers, and similar cultural facilities **4. Golf courses, parks, playgrounds, community centers and country clubs (No commercially operated miniature golf courses or driving ranges) 5. **6. Public safety facilities **7. Religious institutions **8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) Case No. Attachment G ZA01-032 Page 11 0-1 OFFICE DISTRICT Permitted Uses A. Office Uses 1. Accounting and tax preparation 2. Adjustment and collection services 3. Advertising agencies 4. Architecture 5. Banking 6. Bill paying services 7. Business corporate headquarters (when used for office purposes only) 8. Business holding and investment services 9. Chamber of Commerce 10. Chiropractors 11. Computer services 12. Consumer and mercantile credit reporting 13. Contractors offices (provided no outside storage or display permitted) 14. Dentists 15. Duplication and mailing services 16. Employment services 17. Engineering 18. Finance 19. Interior design 20. Land surveying 21. Law 22. Management consultants 23. Optometrists 24. Other offices of a business and/or professional nature 25. Physicians 26. Podiatrists 27. Psychiatrists 28. Psychologists 29. Radio recording and television broadcasting offices and studios 30. Real estate and insurance 31. Savings and Loan 32. Securities and commodities brokers, dealers, underwriters and exchange offices 33. Stenographic services 34. Title companies 35. Travel bureaus or services 36. Utility offices B. Community Facility Uses **1. Public, semi-public and private parks **2. Recreation and open space **3. Libraries **4. City halls, fire and police stations, and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) **5. Other uses of a similar nature and character Case No. Attachment G ZA01-032 Page 12 B-1 BUSINESS SERVICE PARK DISTRICT* Permitted Uses A. Office and Commercial Uses 1. Any use permitted in 01 District 2. Administrative, executive or editorial offices for industrial organizations 3. 4. Banks 5. Barber and beauty shops 6. 7. Computer manufacture and research 7a. Day nurseries or equivalent child care facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex 8. 9. Electronic manufacture 10. F moral homes 11. Lithograph, engraving, printing and publishing 12. 13. 14. Medical Clinics 15. 16. nnfinel insFn imenfs A —Ad lances mane ifaG urine, 17. Private schools 18. Professional/business schools 19. Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex 20. Retail uses which are reasonably related to the principal uses within the structure 21. 22. Security guard quarters (excluding living quarters) 23. 24. Studios for training in fine arts B. Community Facility Uses **1. City Hall, policy and fire stations and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) Case No. Attachment G ZA01-032 Page 13 PERMITTED USES — PARCEL B It is intended that the Non -Residential P.U.D. shall permit those uses in Parcel B as are defined under the land use categories identified in this document (as established in the City's Comprehensive Zoning Ordinance No. 480) and shall specifically include those uses described as: • "Permitted Uses" • "Accessory Uses" • "Specific Use Permits" • "Special Exception Uses" • Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or have not been defined by current technology. LAND USES There are exceptions to the permitted uses. Those uses identified with a double asterisk (**) shall require a Specific Use Permit (SUP). Sexually oriented businesses will not be permitted on Tract Il. RESIDENTIAL Permitted Uses 1. RE - Single Family Residential Estate 2. SF1A - Single Family Residential 3. SF-20 - Single Family Residential 4. SF-30 - Single Family Residential CS — COMMUNITY SERVICE DISTRICT Permitted Uses - BY SUP ONLY 1. KiRdergaFteRc elementa Fy and seGGR iapy Grboo'_c **2. Higher education institutions **3. Museums, libraries, fine arts centers, and similar cultural facilities **4. Golf courses, parks, playgrounds, community centers and country clubs (No commercially operated miniature golf courses or driving ranges) 5. IRStitUtOGRS, **6. Public safety facilities **7. Religious institutions **8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) Case No. Attachment G ZA01-032 Page 14 0-1 OFFICE DISTRICT Permitted Uses A. Office Uses 1. Accounting and tax preparation 2. Adjustment and collection services 3. Advertising agencies 4. Architecture 5. Banking 6. Bill paying services 7. Business corporate headquarters (when used for office purposes only) 8. Business holding and investment services 9. Chamber of Commerce 10. Chiropractors 11. Computer services 12. Consumer and mercantile credit reporting 13. Contractors offices (provided no outside storage or display permitted) 14. Dentists 15. Duplication and mailing services 16. Employment services 17. Engineering 18. Finance 19. Interior design 20. Land surveying 21. Law 22. Management consultants 23. Optometrists 24. Other offices of a business and/or professional nature 25. Physicians 26. Podiatrists 27. Psychiatrists 28. Psychologists 29. Radio recording and television broadcasting offices and studios 30. Real estate and insurance 31. Savings and Loan 32. Securities and commodities brokers, dealers, underwriters and exchange offices 33. Stenographic services 34. Title companies 35. Travel bureaus or services 37. Utility offices B. Community Facility Uses **1. Public, semi-public and private parks **2. Recreation and open space **3. Libraries **4. City halls, fire and police stations, and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) **5. Other uses of a similar nature and character Case No. Attachment G ZA01-032 Page 15 B-1 BUSINESS SERVICE PARK DISTRICT* Permitted Uses A. Office and Commercial Uses 1. Any use permitted in 01 District 2. Administrative, executive or editorial offices for industrial organizations 3. 4. BaRks 5. BarheY and beauty sheps 6. Beek and stat;enapy stere-s **7. Computer manufacture and research 7a. Day nurseries or equivalent child care facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex 8. DFy geeds and apparel ste Fane and dhstF*b49 **9. Electronic manufacture 10. F Uneral hemec **11. Lithograph, engraving, printing and publishing 12. 13. 14. 'ss 15. 16. 17. Private schools 18. Professional/business schools 19. GGFnple 20. Retail uses whinh are reacnnably related to the PFinninal uses within the ctFUGtrnUFe 21. 22. Security guard quarters (excluding living quarters) **23. Small parts manufacturing and assembly 24. Studios for training in fine arts B. Community Facility Uses **1. City Hall, policy and fire stations and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) * Any manufacturing use within the B1 zoning district shall require a SUP. Case No. Attachment G ZA01-032 Page 16 PERMITTED USES — PARCEL C It is intended that the Non -Residential P.U.D. shall permit those uses in Parcel C as are defined under the land use categories identified in this document (as established in the City's Comprehensive Zoning Ordinance No. 480) and shall specifically include those uses described as: • "Permitted Uses" • "Accessory Uses" • "Specific Use Permits" • "Special Exception Uses" • Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or have not been defined by current technology. LAND USES There are exceptions to the permitted uses. Those uses identified with a double asterisk (**) shall require a Specific Use Permit (SUP). Sexually oriented businesses will not be permitted on Tract 11. RESIDENTIAL Permitted Uses 1. RE - Single Family Residential Estate 2. SF1A - Single Family Residential 3. SF-20 - Single Family Residential 4. SF-30 - Single Family Residential CS — COMMUNITY SERVICE DISTRICT Permitted Uses - BY SUP ONLY 1. **2. Higher education institutions **3. Museums, libraries, fine arts centers, and similar cultural facilities **4. Golf courses, parks, playgrounds, community centers and country clubs (No commercially operated miniature golf courses or driving ranges) 5. , **6. Public safety facilities **7. Religious institutions **8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) Case No. Attachment G ZA01-032 Page 17 0-1 OFFICE DISTRICT Permitted Uses A. Office Uses 1. Accounting and tax preparation 2. Adjustment and collection services 3. Advertising agencies 4. Architecture 5. Banking 6. Bill paying services 7. Business corporate headquarters (when used for office purposes only) 8. Business holding and investment services 9. Chamber of Commerce 10. Chiropractors 11. Computer services 12. Consumer and mercantile credit reporting 13. Contractors offices (provided no outside storage or display permitted) 14. Dentists 15. Duplication and mailing services 16. Employment services 17. Engineering 18. Finance 19. Interior design 20. Land surveying 21. Law 22. Management consultants 23. Optometrists 24. Other offices of a business and/or professional nature 25. Physicians 26. Podiatrists 27. Psychiatrists 28. Psychologists 29. Radio recording and television broadcasting offices and studios 30. Real estate and insurance 31. Savings and Loan 32. Securities and commodities brokers, dealers, underwriters and exchange offices 33. Stenographic services 34. Title companies 35. Travel bureaus or services 36. Utility offices B. Community Facility Uses **1. Public, semi-public and private parks **2. Recreation and open space **3. Libraries **4. City halls, fire and police stations, and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) **5. Other uses of a similar nature and character Case No. Attachment G ZA01-032 Page 18 0-2 OFFICE DISTRICT Permitted Uses A. Any use permitted in the 0-1 Olice District B. Day nurseries or equivalent child care facilities B-1 BUSINESS SERVICE PARK DISTRICT* Permitted Uses A. Office and Commercial Uses 1. Any use permitted in 01 District 2. Administrative, executive or editorial offices for industrial organizations 3. 4. Banks 5. Barber and Beauty Shops 6. 7. Computer manufacture and research 7a. Day nurseries or equivalent child care facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex 8. 9. Electronic manufacture 10. F inerol hemes 11. Lithograph, engraving, printing and publishing 12. 13. 14. Medical Clinics 15. 16. Qptinal instruments -Anri lenses mane Ufa Gt Urine 17. Private schools 18. Professional/business schools 19. Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex 20. Retail uses which are reasonably related to the principal uses within the structure 21. 22. Security guard quarters (excluding living quarters) 23. 24. Studios for training in fine arts Case No. Attachment G ZA01-032 Page 19 B. Community Facility Uses **1. City Hall, policy and fire stations and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) * Any manufacturing use within the B1 zoning district shall require a SUP. Case No. Attachment G ZA01-032 Page 20 PERMITTED USES — PARCEL D It is intended that the Non -Residential P.U.D. shall permit those uses in Parcel D as are defined under the land use categories identified in this document (as established in the City's Comprehensive Zoning Ordinance No. 480) and shall specifically include those uses described as: • "Permitted Uses" • "Accessory Uses" • "Specific Use Permits" • "Special Exception Uses" • Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or have not been defined by current technology. LAND USES There are exceptions to the permitted uses. Those uses identified with a double asterisk (**) shall require a Specific Use Permit (SUP). Sexually oriented businesses will not be permitted on Tract II. RESIDENTIAL Permitted Uses 1. RE - Single Family Residential Estate 2. SF1A - Single Family Residential 3. SF-20 - Single Family Residential 4. SF-30 - Single Family Residential CS — COMMUNITY SERVICE DISTRICT Permitted Uses - BY SUP ONLY 1. KiRdeFgaFtens, **2. Higher education institutions **3. Museums, libraries, fine arts centers, and similar cultural facilities **4. Golf courses, parks, playgrounds, community centers and country clubs (No commercially operated miniature golf courses or driving ranges) 5. **6. Public safety facilities **7. Religious institutions **8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) Case No. Attachment G ZA01-032 Page 21 0-1 OFFICE DISTRICT Permitted Uses A. Office Uses 1. Accounting and tax preparation 2. Adjustment and collection services 3. Advertising agencies 4. Architecture 5. Banking 6. Bill paying services 7. Business corporate headquarters (when used for office purposes only) 8. Business holding and investment services 9. Chamber of Commerce 10. Chiropractors 11. Computer services 12. Consumer and mercantile credit reporting 13. Contractors offices (provided no outside storage or display permitted) 14. Dentists 15. Duplication and mailing services 16. Employment services 17. Engineering 18. Finance 19. Interior design 20. Land surveying 21. Law 22. Management consultants 23. Optometrists 24. Other offices of a business and/or professional nature 25. Physicians 26. Podiatrists 27. Psychiatrists 28. Psychologists 29. Radio recording and television broadcasting offices and studios 30. Real estate and insurance 31. Savings and Loan 32. Securities and commodities brokers, dealers, underwriters and exchange offices 33. Stenographic services 34. Title companies 35. Travel bureaus or services 36. Utility offices B. Community Facility Uses **1. Public, semi-public and private parks **2. Recreation and open space **3. Libraries **4. City halls, fire and police stations, and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) **5. Other uses of a similar nature and character Case No. Attachment G ZA01-032 Page 22 0-2 OFFICE DISTRICT Permitted Uses A. Any use permitted in the 0-1 Office District B. Day nurseries or equivalent child care facilities B-1 BUSINESS SERVICE PARK DISTRICT* Permitted Uses A. Office and Commercial Uses 1. Any use permitted in 01 District 2. Administrative, executive or editorial offices for industrial organizations 3. 4. Banks 5. Barber and Beauty Shops 6. Book and stationery stores 7. Computer manufacture and research 7a. Day nurseries or equivalent child care facilities operated principally for the benefit and service of employees working within the office building or consolidated office complex 8. **9. Electronic manufacture 10. FUReFal hemec **11. Lithograph, engraving, printing and publishing 12. 13. 14. Medical Clinics 15. 16. 17. Provate 6GhGG41-GG 18. Professional/business schools 19. Retail activity of a service nature designed to provide direct service support to the businesses and employees who occupy the remainder of the office complex 20. Retail uses which are reasonably related to the principal uses within the structure 21. 22. Security guard quarters (excluding living quarters) 23. 24. Studios for training in fine arts B. Community Facility Uses **1. City Hall, policy and fire stations and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations) * Any manufacturing use within the B1 zoning district shall require a SUP. Case No. Attachment G ZA01-032 Page 23 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT Permitted Uses A. Commercial Uses 1. Offices of a business and/or professional nature 2. Bakeries 3. Barber and beauty shops 4. Cleaners, laundries and/or Laundromats **5. Gasoline filling stations that operate in conjunction with small convenience stores 6. Grocery stores and/or meat markets 7. Newsstands and/or bookstores 8. Restaurants, tea rooms and/or "take-out' bod establishments 9. Tailor, clothing or wearing apparel repair shops B. Community Facility Uses **1. City hall, fire and police stations and other municipal uses (excluding wastewater treatment facilities, landfills and transfer stations). C-2 LOCAL RETAIL COMMERCIAL DISTRICT Permitted Uses 1. Any use permitted in the 0-1 Office District 2. Any use permitted in the C-1 Neighborhood Commercial District 3. Antique shops 4. Retail sale bakeries 5. Bicycle sales and bicycle repair shops 6. Blueprinting or photostating 7. Book or stationery stores 8. Business colleges or private schools for vocational training of office related careers 9. O� r c+T,-tTee-sates 10. Cigar or tobacco stores 11. 12. Confectionery stores 13. Custom dress making or millineryshops 14. Dancing schools 15. Day nurseries 16. Delicatessen shops without size limitations 17. Dog and Gat hospitals 18. Drug stores 19. Dry goods and notion stores provided that the floor area of such facility not exceed eight thousand (8,000) square feet **20. Duplicating service, printing, lithographing, mimeographing, multi -graphing and offset printing 21. (DELETED) 22. Financial institutions Case No. Attachment G ZA01-032 Page 24 23. Florist or gift shops 24. 25. Grocery stores and meat markets 26. Health service facilities 27. Jewelry stores 28. Leather and leather good shops 29. Optical goods 30. Photographs, portrait or camera shop and photo finishing 31. Radio and television sales and servicing 32. Restaurants, tea rooms, cafeterias, fast food and "take-out" food restaurants 33. Shop repair services 34. Sporting goods, including gun sales and repair 35. Tailor 36. Tire batteiries and auto aGG86Se i 37. VaFie#y steFe C-3 GENERAL COMMERCIAL DISTRICT Permitted Uses 1. Any use permitted in the C-2 Local Retail Commercial District **2. Auditoriums and theaters for live performances (but excluding cinemas) 3. 4. 5. Commercial amusement centers 6. Commercial art galleries 7. 8. Department stores 9. Dry goods and notion stores 10. Glentrinnl and gas applianceo anti supply sales 11. Hardware, paint, and wallpaper stores 12. Hat shops 13. Health and physical fitness centers and gymnasiums 14. Hobby shops 15. Household and office furniture, furnishings and appliances 16. Ledges, c ^rnritiec andeF fraternities 17. 18. MeFtuaries 19. Music or record shops 20 Nupsery builydiRgs fnr retail sales 21. Pet shops 22. Piano stores, musical instruments and supplies 23. 24. Printing, lithographing or duplicating jobs 25. Retail stores, business or shops for custom work 26. 27. Skating rinks, ice and roller **28. Taverns, clubs and other comparable establishments %hich the on -premises consumption of alcoholic beverages is permitted subject to issuance of special use permit (excluding sexually oriented businesses) 29. Toy stores **30. Upholstery shops - furniture Case No. Attachment G ZA01-032 Page 25 31. VaFiety cte Fe "HC" HOTEL DISTRICT Permitted Uses **1. Hotels and motels **2. Parks and playgrounds which are publicly owned **3. Golf courses which are privately owned **4. City hall, police and fire stations and other municipal uses (excluding wastewater treatment facilities, landfills, and transfer stations) Case No. Attachment G ZA01-032 Page 26 DEVELOPMENT STANDARDS It is intended that the Non -Residential P.U.D. shall adhere to the development standards currently established in Zoning Ordinance No. 480 as amended and furthermore shall comply to all new or amended ordinances as they are adopted for each land use category with the following exceptions: BUILDING SETBACKS Setbacks for Tract 11 land uses shall be maintained in accordance with Zoning Ordinance No. 480 and the corridor overlay standards. When located adjacent to or across the street from residentially zoned property or property with a low or medium density residential land use in the comprehensive plan, the setbacks shall be the greater of the 4:1 slope or the minimum setbacks shown in the following table. Setbacks shall be measured from the Tract II property line where it is adjacent to residential areas. Setback Adjacent to Residential RES 35' CS 100' Min.* 01 100' Min.* 02 100' Min. C1 100' Min. C2 100' Min. C3 100' Min. B1 100' Min.* HC 100' Min. • Once a specific B1, 01, or CS user is identified for Parcel B the City Council reserves the option to require a 300' building setback from Carroll Avenue at the Site Plan stage of the approval process. • A residential proximity slope of 6:1 commencing at the point labeled "Start C Slope" on the map attached hereto as Exhibit _ shall apply to buildings in Parcel C. Case No. Attachment G ZA01-032 Page 27 BUILDING HEIGHTS Maximum building heights for Tract II land uses shall be in accordance Wth the following table: Maximum Building Height RES 35' CS 35' 01 45' 02 90' C 1 45' C2 45' C3 45' B 1 45' HC 90' Case No. Attachment G ZA01-032 Page 28 BUFFER YARDS Perimeter buffer yards for Tract II shall comply with the Comprehensive Zoning Ordinance No. 480 and shall have minimum widths in accordance with the following table: Adjacent to Carroll Avenue and Primrose Lane Adjacent to Residential* Other RES 50' 25' 25' CS 50' 35' 25' 01 50' 35' 25' 02 N/A 35' 25' C1 N/A 35' 25' C2 N/A 35' 25' C3 N/A 35' 25' B 1 50' 35' 25' H C N/A 35' 25' * Residential adjacency shall be defined as residentially zoned property or property with a low or medium density residential land use in the comprehensive plan adjacent to or across the street from Tract II. If a specific 61 user is identified for Parcel B, the Planning and Zoning Commission reserves the option to require a pedestrian barrier along Carroll Avenue at the Site Plan stage of the approval process. Refer to the Buffer Yard and Open Space Plan exhibit for the general location of each buffer yard type. * The Buffer Yard requirement for internal lot lines (side or rear yards with no residential adjacency and not located at the perimeter of Tract ll) shall be 10 feet, and may be eliminated with the approval by the City staff of a comprehensive development plan for the respective tracts and others wherein the development is expected to occur in phases. Case No. Attachment G ZA01-032 Page 29 LANDSCAPING AND OPEN SPACE LANDSCAPING The landscaping area for each lot will comply with the requirements of the Landscape Ordinance No. 544 as amended. For 02 and HC uses, additional landscaping area will be provided in the amount of 1 % of the lot area for every 12 feet in excess of 24 feet plus 2% of the lot area for each whole, 12 foot increment above 48 feet. OPEN SPACE The open space for each tract will include the buffer yards around the perimeter of the project as required by the Southlake Corridor Study and the additional buffer yard adjacent to residential uses. The open space also includes lakes and floodplain areas. A HEC-2 engineering study performed specifically for this tract of land will determine the location of the improved floodplain and floodway areas and the open space will be located according to the results of that study. The site specific HEC-2 engineering study will be performed at the development plan stage of the approval process. There will be no impervious coverage permitted within the improved flood plain area with the exception of pedestrian trails. Westerra recognizes the value of the existing vegetation and will incorporate master design guidelines that respond to tree preservation, at the development plan stage of the zoning process. A tree survey will be prepared for the site plan submittal. The developer will comply with the tree preservation requirements of the City of Southlake, as those requirements are de\eloped. The attached Buffer Yard and Open Space Plan illustrates the general location of the proposed buffer yards and open space for Tract II. Case No. Attachment G ZA01-032 Page 30 CONCEPT PLAN This submittal responds to the concept plan requirements defined in Sections 30 and 41 (as amended by Ordinance 480-C) for a Non -Residential Planned Unit Development. The size and location of this tract offers a variety of potential development scenarios to attract quality users. Flexible tract sizes, facility locations, access and zoning are critical to attracting quality users to this site. This concept plan provides the flexibility which the current market is seeking. TRACT II The following table demonstrates land use categories permitted for each parcel within Tract 11. The attached exhibit "Concept Plan" further illustrates the general location of each parcel. PARCEL Area LAND USE CATEGORIES. A 48.27 ± AC Residential, CS, 01, 131 B 106.09 ± AC Residential, CS, 01, B1 C 100.49±AC Residential, CS, 01, 02, 131 D 26.41 ±AC Residential, CS, 01, 02, C1, C2, C3, B1, HC SPECIAL RESTRICTIONS • Ancillary residential uses RE, SF1 A, SF30 and SF20 are not to exceed 28.13 acres for the entire Tract II Non -Residential P.U.D. and shall not exceed a density of 1.0 du/ac. • Access to Primrose Lane will not be permitted. • Access to Carroll Avenue will be restricted to one full access location for residential uses or one emergency "crash -gate" access for CS, 01 and B1 uses. • Once a specific BI, 01, or CS user is identified for Parcel B, the City Council reserves the option to require a 300' building setback from Carroll Avenue at the Site Plan stage of the approval process. • If a specific B1 user is identified for Parcel B. the City Council reserves the option to require a pedestrian barrier along Carroll Avenue at the Site Plan stage of the approval process. • There will be no impervious_ coverage permitted in the flood plain with the exception of pedestrian trails. Case No. Attachment G ZA01-032 Page 31 UALITY AND CONTINUITY OF DEVELOPMENT It is Westerra's intent to have in place master design guidelines to create continuity and quality at the development plan stage for Tract 11. The design guidelines will be available for review at the time of development plan submittal. DALLAS 541586_3 5770.3 Case No. Attachment G ZA01-032 Page 32 EXHIBIT "C" This page reserved for the City Council motion. Case No. Attachment G ZA01-032 Page 33 21 KM City of Southlake ' Department of Planning STAFF REPORT December 14, 2001 CASE NO: ZA01-033 PROJECT: Aventerra Southlake Tract II REQUEST: On behalf of Westerra Southlake, L.P., Carter & Burgess, Inc. is requesting approval of a preliminary plat. ACTION NEEDED: Consider approval of preliminary plat. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-033 BACKGROUND INFORMATION OWNER: Westerra Southlake, L.P. APPLICANT: Carter & Burgess, Inc. PURPOSE: The purpose of this request is to plat the property for subdivision, allocate major street and easement locations. A Preliminary Plat approval is required prior to any Final Plat approval. PROPERTY SITUATION: This property is located north of State Highway 114 between N. White Chapel Boulevard and Carroll Avenue. HISTORY: The City Council approved a zoning change request and concept plan to "NR-PUD" on May 20, 1997. LEGAL DESCRIPTION: Being Tracts 3 and 4A1 situated in the A. Chivers Survey Abstract No. 299 and Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, and 3B2 situated in the L. Chivers Survey Abstract No. 300 the total area being approximately 281.26 acres. LAND USE CATEGORY: Mixed Use �w CURRENT ZONING: "NR-PUD", "C-2" Local Retail Commercial District, `B-2" Commercial Manufacturing District, and "AG" Agricultural District. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. White Chapel Blvd to be a 5- lane, undivided arterial street with 94' of R.O.W. and recommends N. Carroll Ave to be a 3-lane, undivided arterial street with 94' of R.O.W. Adequate right-of-way has been shown for both streets. Dedication would be required with the Final Plat(s). Exiting Area Road Network and Conditions The proposed site will have one (1) street accessing N. White Chapel Blvd and two (2) streets accessing onto State Highway 114 frontage road. A street stub is being shown into the south property line for a possible connection with Highland Street or State Highway 114. No street access has been shown on N. Carroll Ave. Current and proposed regulations restrict access onto N. Carroll Avenue. Case No. Attachment A ZA01-033 Page 1 WATER & SEWER: N. White Chapel Blvd is a 2-lane, undivided roadway along the west boundary of the project running north/south. N. Carroll Ave is also a 2-lane, undivided roadway running rorth/south along the east boundary. East Highland Street is an east/west roadway. It is currently a 2-lane, undivided roadway. The Master Thoroughfare Plan recommends E. Highland Street to be a 4-lane, undivided arterial street with 74' of R.O.W. May, 2001 traffic counts on N. White Chapel (between SH 114 and Dove Street): Table #1 24hr North Bound (NB) (2,140) South Bound (SB) (2,518) NB Peak A.M. (173) 7 — 8 a.m. Peak P.M. (231) 5 — 6 p.m. SB Peak A.M. (281) 7 — 8 a.m. Peak P.M. (231) 5 — 6 p.m. May, 2001 traffic counts on N. Carroll Ave (between Highland Street and Dove Street): Table 42 24hr North Bound (NB) (2,089) South Bound (SB) (2,303) NB Peak A.M. (193) 8 — 9 a.m. Peak P.M. (227) 3 — 4 p.m. SB Peak A.M. (304) 7 — 8 a.m. Peak P.M. (188) 3 — 4 p.m. May, 2001 traffic counts on State Highway 114 (between White Chapel Blvd and Carroll Ave): Table #3 24hr West Bound (WB) (24,808) East Bound (EB) (25,622) WB Peak A.M. (1,848) 8 — 9 a.m. Peak P.M. (2,098) 5 — 6 p.m. EB Peak A.M. (2,134) 8 — 9 a.m. Peak P.M. (1,938) 5 — 6 p.m. There is an existing 6" water line along the west side of Carroll Ave. There is an existing 10" sanitary sewer along the southeast portion of this property. P&Z ACTION: November 8, 2001; Approved (6-1) subject to Plat Review Summary No. 4, dated November 2, 2001, and requiring a 300' setback along Carroll Avenue. CITY COUNCIL ACTION: November 26, 2001; Approved to Table (7-0) at the Applicant's request to the Regular City Council Meeting to be held December 18, 2001. STAFF COMMENTS: Attached is Preliminary Plat Review Summary No. 4, dated November 2, 2001. Case No. Attachment A ZA01-033 Page 2 Vicinity Map Aventerra Tract II 1000 0 1000 2000 3000 Feet N E S Case No. Attachment B ZA01-033 Page 1 lq 41 . .. . . .... . . . .......... .... . .... . 72L A-7 > zi % z. ... . ..... L IF P4 It ij Z. ...... . .. ... .... �w . . .. .... ..... . . . . ............ ... ..... .. .... 3 so z Z Z l J .......... ..... ... .......... < & z 1: is I o z -C N .. . . ...... ..... - - - ------- . . . .................... . .. .. . . .......... .. .. .. . ...... ...... . .... ..... . .......... . .............. . . ......... 'Urn QA Case No. Attachment C ZA0I-033 Page 1 Case No.: ZA01-033 PLAT REVIEW SUMMARY Review No.: Four Project Name: Preliminary Plat — Aventerra NRPUD OWNER: Westerra Southlake, L.P. Jim Baker 1207 S. White's Chapel Blvd. #150 Southlake, TX 76092 Phone: (817) 481-0135 (ext. 19) Fax: Date of Review: 11/02/01 ENGINEER: Carter — Burgess, Inc. Bret Blankenship 777 Main Street Fort Worth, TX 76102 Phone: (817) 735-6021 Fax: (817) 735-6148 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/22/01 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. The second -to -last call does not match the graphic. The bearing on the graphic should read N 65- 33-22 W. 2. If any, show and label the type, size and deed record of all existing easements on the property. If there are no existing easements make a note stating such. 3. Show trails in compliance with the City's Pathways Master Plan. The following are required: a minimum 8' multi -use trail along Aventerra Blvd and along SH 114; a natural trail is required along area adjacent to Dove Creek. INFORMATIONAL COMMENTS * Contact the City Parks Department at (817) 481-1585 regarding placement of this project on a Park Board agenda. A recommendation allowing fees or land dedication is required of the board prior to this item going before the Planning and Zoning Commission. * The proposed street system should be in compliance with the Master Thoroughfare Plan. * A traffic impact analysis is required prior to final plat approval. * It appears this property lies within the 65 `LDN D/FW' Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. * 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 ZA01-033 Page 1 Surrounding Property Owners Aventerra Tract II Case No. Attachment E ZA01-033 Page 1 Owner Zoning Land Use Acreage 1. H. Thrasher 1. AG 1. Low Density Residential 1. 1.082 2. W. Thrasher 2. AG 2. Low Density Residential 2. 1.788 3. C. Leach 3. AG 3. Low Density Residential 3. 2.080 4. W. Davis 4. AG 4. Low Density Residential 4. 8.871 5. T. Moore 5. AG 5. Low Density Residential 5. 11.15 6. S. Callicott 6. SF-lA 6. Low Density Residential 6. 4.787 7. C. Estes 7. AG 7. Low Density Residential 7. 11.38 8. W. Frank 8. AG 8. Low Density Residential 8. 20.10 9. K. Mussina 9. AG 9. Low Density Residential 9. 8.388 10. R. Morganstean 10. AG 10. Low Density Residential 10. 3.603 11. V. Staley 11. AG 11. Low Density Residential 11. 0.964 12. K. Lewis 12. AG 12. Low Density Residential 12. 0.350 13. G. Roberts 13. SF-20A 13. Low Density Residential 13. 0.612 14. V. Martin 14. AG 14. Low Density Residential 14. 0.974 15. W. Booker 15. AG 15. Low Density Residential 15. 0.430 16. A. Cercone 16. AG 16. Low Density Residential 16. 0.411 17. W. Booker 17. AG 17. Low Density Residential 17. 0.196 18. D. Rockenbaugh 18. AG 18.- Low Density Residential 18. 15.84 19. J. Haltom 19. AG 19. Low Density Residential 19. 10.03 20. B. Knox 20. AG 20. Low Density Residential 20. 10.49 21. R. Birchfield 21. AG 21. Low Density Residential 21. 0.801 22. L. Hight 22. AG 22. Low Density Residential 22. 1.201 23. M. Williams 23. SF-lA 23. Low Density Residential 23. 1.780 24. T. Mullaney 24. SF-lA 24. Low Density Residential 24. 1.755 25. C. Ensenberger 25. SF -IA 25. 100 Year Flood Plain 25. 2.648 26. D. Grubbs 26. SF -IA 26. 100 Year Flood Plain 26. 1.792 27. W. Purvis 27. SF -IA 27. 100 Year Flood Plain 27. 1.382 28. J. Murphy 28. SF-lA 28. 00 Year Flood Plain 28. 1.971 29. D. Conrad 29. AG 29. 100 Year Flood Plain 29. 0.901 30. R. Lawler 30. SF-lA 30. Low Density Residential 30. 1.238 31. Carroll Isd 31. CS 31. Public/Semi-Public 31. 15.60 32. D. Burgess 32. AG 32. Mixed Use/ Flood Plain 32. 7.338 33. Highland Group 33. C3 33. Mixed Use/ Flood Plain 33. 12.10 34. Oscar Wolfe Family 34. CS 34. Mixed Use/ Flood Plain 34. 0.121 35. Highland Ltd 35. AG 35. Office Comm/Flood Plain 35. 3.808 36. Highland Group 36. AG 36. Office Comm/Flood Plain 36. 6.688 37. Highland Group 37. AG 37. Office Comm/Flood Plain 37. 3.641 38. C. Chang 38. AG 38. Office Comm/Flood Plain 38. 5.586 39. S. Kidwell 39. C2 39. Office Commercial 39. 6.577 40. Town & Country 40. C2 40. Retail Commercial 40. 1.890 Food 41. H. Knight 41. C2 41. Retail Commercial 41. 1.636 42. J. Shivers 42. AG 42. Mixed Use 42. 1.197 43. Shivers Family 43. AG 43. Mixed Use 43. 44.41 Partnership 44. State of Texas 44. C3 44. Retail Commercial 44. 1.957 45. DFW/White Chapel 45. C3 45. Retail Commercial 45. 5.911 Rd. 46. State of Texas 46. C3 46. Retail Commercial 46. 1.287 47. State of Texas 47. C3 47. Retail Commercial 47. 1.714 48. State of Texas 48. C3 48. Retail Commercial 48. 1.660 49. White Chapel Llc. 49. C3 49. Retail Commercial 49. 3.699 50. White Chapel Llc. 50. C3 50. Retail Commercial 50. 44.41 51. L. Brightbill 51. AG 51. Office Commercial 51. 22.78 52. W. Cook 52. B2 52. Office Comm/Flood Plain 52. 4.626 Case No. Attachment E ZA01-033 Page 2 Surrounding Property Owners Responses Aventerra Tract II Notices Sent: Forty-six (46) Responses: Five (5) responses were received from within the 200' notification area: • Verlin C. Martin, 1090 Primrose Ln., Southlake, TX in favor, "I am in favor of, but I wonder what will happen to my street... Primrose Lane." (Received November 2, 2001) • Terrie and Wesley Thrasher, 196E N. White Chapel, Southlake, TX is opposed, "We oppose the preliminary plat of Aventerra Southlake Tract H because the roads are not adequate for the increased traffic it would bring, and we do not want commercial businesses surrounding our property." (Received November 6, 2001) • Imogene Thrasher, 1975 N. White Chapel, Southlake, TX is opposed, "Due to lack of adequate roads to handle traffic increase and I do not want to be surrounded by commercial business." (Received November 6, 2001) • Dan Peoples, White Chapel LLC, 1517 Cottonwood Valley South, Irving, TX is in favor. (Received November 6, 2001) • Sonja Callicott, 435 E. Dove Road, Southlake, TX is opposed, "I do not want buildings within 100' of my home." (Received November 7, 2001) Case No. Attachment F ZA01-033 Page 1 City of South lake,lexas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 814, 2nd Reading, Adoption of the 1999 National Electrical Code. Action Requested: City Council consideration of ordinance adopting the National Electrical Code, 1999 Edition with local amendments. Background Information: Since the early 1900's, three sets of building codes existed within the United States. They were the Uniform Codes, the Southern Standard Codes and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code utilized by cities in this region of the United States. The codes were routinely reviewed and updated, with cities periodically adopting the updated version of the codes. The National Electrical Code has been separately maintained by the NFPA from the beginning. There has been only the one nationally recognized electrical code. Often times, cities adopted these codes with significant changes under local amendment options, which created confusion and conflict for architects, builders, and developers, particularly those operating in more than one city. As metropolis areas began to grow and a global economy became more of a reality, the three groups began pooling their resources and efforts over a decade ago to create a single universal set of codes to be adopted universally. This concept improved the overall safety design of buildings while making the design and construction regulations far less onerous. It allowed an architect in Texas to design one style of building plans that could be used by builders in Texas as well as other states, thereby expanding marketability. It allowed manufacturers to design products with less production costs since the standards were Billy Campbell December 14, 2001 Page 2 essentially uniform. And it allowed for a better end product at a lesser cost than might otherwise be available to the consumer / property owner. We began the transition to the full International Code concept several years ago. Initially it was through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today. We are also currently utilizing the Uniform Building and Fire Codes. A model energy code was first developed in the 1980's but has not been widely used in Texas until now. The 2000 International Codes represent over 10 years of development and the successor to the three major regional sets of codes that have been in use in the United States for the last half - century. The International Codes represent the best and most comprehensive and effective set of codes yet created. All other building codes, including the Uniform Building Codes we have utilized for decades, are discontinued from this point forward. As a part of this development process locally, the North Central Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.). The purpose was to bring all of the industry trades and interests together with the cities in this region to develop standardized regional amendments and recommendations for adoption. In doing so, its goal was to maintain uniformity in codes among all of the regional cities, insofar as practical and possible. The final NCTCOG recommendations provide for cities to consider group A and group B amendments, depending on a wide range of local factors such as size, fire protection requirements, and similar elements. The City of Southlake was very fortunate to have the opportunity for representation on several of the subcommittees and on the primary Code Coordinating Committee. Members of our city staff served on the committees for residential and commercial building codes, electrical code, fire code, plumbing code, and energy code. This allowed an opportunity for Southlake to have a significant voice in the determination of the recommendations for the regional PA Billy Campbell December 14, 2001 Page 3 amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to unify the codes through the state-wide adoption of the Residential Code, and we have discussed issues with our local builders meetings as well. During its most recent session, of the State Legislature adopted laws that require all cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code. It also authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. There are several key points to these legislative requirements to be considered. First, the law requires cities to adopt the residential codes by January 1, 2002 and begin enforcement of the energy code by September 1, 2002. For the first time, these requirements now also apply on unincorporated areas of the counties. Finally, it should be noted that because of the efforts of the NCTCOG groups in taking a pro -active and unified approach to these code adoptions have been recognized by the state legislative committees and other state boards that can provide a positive impact locally. Because the I Codes are designed to work together, the NCTCOG committee recommends adoption of the 2000 I Code package including: IBC, IRC, IFC, IPC, IMC, IFGC, and the NEC. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the substantive changes, as compared to existing codes are rare. We give thanks to the efforts of the various review and interactive group efforts over the past two decades for making it possible. According to the last survey published by NCTCOG on November 2, 2001, the 2000 I Codes have been adopted by the following jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort 3 Billy Campbell December 14, 2001 Page 4 Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, Westworth Village. Just as Southlake is doing, many other cities are in some stage of review and adoption. This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. The International Code Council's code development process is a public process whereby anyone may submit code changes and debate at the meetings. The final vote on the changes is by code officials. Legal Review: City Attorney's office has reviewed the ordinance and their suggestions incorporated. Alternatives: The council may approve the ordinance as requested, approve it subject to whatever changes or conditions they deem appropriate or they may deny it. Supporting Documents: Ordinance No. 814, 1999 National Electrical Code Staff Recommendation: Place Ordinance No. 814 on the December 18, 2001 City Council meeting for second reading. 4 1999 National Electrical Code ORDINANCE NO.814 AN ORDINANCE ADOPTING NITA 70, THE NATIONAL ELECTRICAL CODE 1999 EDITION, PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the installation and maintenance of electrical systems including requirements for materials, in order to protect the health, safety and welfare of the citizens of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That NFPA 70, The National Electrical Code, 1999 Edition, published by The National Fire Protection, Inc., is hereby adopted as the Electrical Code of the City of Southlake. A true and correct copy of this Code is attached to this ordinance as Exhibit "A." SECTION 2 That the 1999 National Electrical Code, as adopted herein, is hereby amended as provided in Exhibit `B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake may from time to time determine that additional local modifications to the 1999 5 National Electrical Code are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code. The amendments shall be consolidated as Exhibit "B" to this ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary will be available for public inspection and copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases. clauses. sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. R SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the installation and maintenance of electrical systems 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 buy may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date 7 of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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 First Reading On This Day Of .2001. MAYOR ATTEST: CITY SECRETARY Passed And Approved On Second Reading On This Day Of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: EFFECTIVE: 9 EXHIBIT "B" Amendments to the 1999 National Electrical Code "Section 230-71(a); add an exception as follows: 230-71(a). Maximum number of disconnects. (a) General. The service disconnecting means for each service permitted by section 230-2, or for each set of service -entrance conductors permitted by Section 230-40, exception nos. 1 or 3, shall consist of not more than six switches or six circuit breakers mounted in a single enclosure, in a group ... (paragraph unchanged) ... shall not be considered a disconnecting means. Exception: Multi -tenant buildings. Individual service disconnecting means is limited to six for each tenant's space. The number of individual disconnects at one location may exceed six. "Section 310-15(b.) (6.); change to read as follows: Section 310-15. Ampacities for Conductors Rated 0-2000 Volts. (b.) Tables. (Items 1 through 5 unchanged.) (6.) 120/240 Volt, 3 Wire, Single -Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310-15 (b) (6), shall be ... ( paragraph unchanged)... Sections 215-2, 220-22, and 230-42 are met. This section shall not be used in conjunction with section 220-30. "Section 336-5 (a) (1); delete item (1) from list of uses not permitted. END OF AMENDMENTS. E City of South lake, -Texas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 815, 2nd Reading, Adoption of the 2000 International Building Code. Action Requested: City Council consideration of ordinance adopting the International Building Code, 2000 Edition with local amendments. Background Information: Since the early 1900's, three sets of building codes existed within the United States. They were the Uniform Codes, the Southern Standard Codes and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code utilized by cities in this region of the United States. The codes were routinely reviewed and updated, with cities periodically adopting the updated version of the codes. The National Electrical Code has been separately maintained by the NFPA from the beginning. There has been only the one nationally recognized electrical code. Often times, cities adopted these codes with significant changes under local amendment options, which created confusion and conflict for architects, builders, and developers, particularly those operating in more than one city. As metropolis areas began to grow and a global economy became more of a reality, the three groups began pooling their resources and efforts over a decade ago to create a single universal set of codes to be adopted universally. This concept improved the overall safety design of buildings while making the design and construction regulations far less onerous. It allowed an architect in Texas to design one style of building plans that could be used by builders in Texas as well as other states, thereby expanding marketability. It allowed manufacturers to design products with less production costs since the standards were Billy Campbell December 14, 2001 Page 2 essentially uniform. And it allowed for a better end product at a lesser cost than might otherwise be available to the consumer / property owner. We began the transition to the full International Code concept several years ago. Initially it was through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today. We are also currently utilizing the Uniform Building and Fire Codes. A model energy code was first developed in the 1980's but has not been widely used in Texas until now. The 2000 International Codes represent over 10 years of development and the successor to the three major regional sets of codes that have been in use in the United States for the last half - century. The International Codes represent the best and most comprehensive and effective set of codes yet created. All other building codes, including the Uniform Building Codes we have utilized for decades, are discontinued from this point forward. As a part of this development process locally, the North Central Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.). The purpose was to bring all of the industry trades and interests together with the cities in this region to develop standardized regional amendments and recommendations for adoption. In doing so, its goal was to maintain uniformity in codes among all of the regional cities, insofar as practical and possible. The final NCTCOG recommendations provide for cities to consider group A and group B amendments, depending on a wide range of local factors such as size, fire protection requirements, and similar elements. The City of Southlake was very fortunate to have the opportunity for representation on several of the subcommittees and on the primary Code Coordinating Committee. Members of our city staff served on the committees for residential and commercial building codes, electrical code, fire code, plumbing code, and energy code. This allowed an opportunity for Southlake to have a significant 2 Billy Campbell December 14, 2001 Page 3 voice in the determination of the recommendations for the regional amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to unify the codes through the state-wide adoption of the Residential Code, and we have discussed issues with our local builders meetings as well. During its most recent session, of the State Legislature adopted laws that require all cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code. It also authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. There are several key points to these legislative requirements to be considered. First, the law requires cities to adopt the residential codes by January 1, 2002 and begin enforcement of the energy code by September 1, 2002. For the first time, these requirements now also apply on unincorporated areas of the counties. Finally, it should be noted that because of the efforts of the NCTCOG groups in taking a pro -active and unified approach to these code adoptions have been recognized by the state legislative committees and other state boards that can provide a positive impact locally. Because the I Codes are designed to work together, the NCTCOG committee recommends adoption of the 2000 I Code package including: IBC, IRC, IFC, IPC, IMC, IFGC, and the NEC. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the substantive changes, as compared to existing codes are rare. We give thanks to the efforts of the various review and interactive group efforts over the past two decades for making it possible. According to the last survey published by NCTCOG on November 2, 2001, the 2000 I Codes have been adopted by the following Billy Campbell December 14, 2001 Page 4 jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, Westworth Village. Just as Southlake is doing, many other cities are in some stage of review and adoption. This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. The International Code Council's code development process is a public process whereby anyone may submit code changes and debate at the meetings. The final vote on the changes is by code officials. Legal Review: City Attorney's office has reviewed the ordinance and their suggestions incorporated. Alternatives: The council may approve the ordinance as requested, approve it subject to whatever changes or conditions they deem appropriate or they may deny it. Supporting Documents: Ordinance No. 815, 2000 International Building Code Staff Recommendation: Place Ordinance No. 815 on the December 18, 2001 City Council meeting for second reading. RB/cb 4 2000 International Building Code ORDINANCE NO.815 AN ORDINANCE ADOPTING THE 2000 EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES, EXCEPT ONE- AND TWO-FAMILY DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES), IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property, and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the International Building Code, 2000 Edition, published by the International Code Council, including the standards referenced therein, including Appendix Chapters A, C, F, G, H, I and J are hereby adopted as the Building Code of the City of Southlake regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures, except one- and two-family dwellings and multiple single family dwellings (townhouses), in the City of Southlake. True and correct copies of these documents are attached as Exhibit "A." 5 SECTION 2 That the 2000 International Building code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake, Texas may from time to time determine that additional local modifications to the Building Code are necessary and appropriate to meet the unique needs of the City of Southlake, Texas. To effectuate these local modifications, the City Council shall enact individual ordinances amending this Ordinance, fully setting forth the change to be made in the Building Code. These amendments shall be consolidated as Exhibit "B" to this Ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. This ordinance is intended to replace the following: 1. Ordinance 693, as amended, the 1997 Uniform Building Code. 2. Ordinance 621, the 1994 Uniform Administrative Code. This ordinance is not intended to amend or replace the following: 1. Ordinance 480, the Zoning Ordinance. 2. Ordinance 483, the Subdivision Ordinance. 3. Ordinance 557, Exterior Masonry Construction Requirements 4. Ordinance 568, Contractor's Licensing Ordinance 6. Ordinance 506-A, as amended, the Sign Ordinance SECTION 5 It is hereby declared to be the intention of the City council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, 3 since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($ 2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City 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 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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. 7 PASSED AND APPROVED ON FIRST READING THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: EFFECTIVE: EXHIBIT "B" LOCAL AMENDMENTS TO THE 2000 INTERNATIONAL BUILDING CODE The following sections, paragraphs, and sentences of the 2000 International Building Code are hereby amended as follows: (Standard type is text from the IBC. Underlined type is text inserted. �d +hreugh type "Section 101.4, change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extend of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. "Section 105.1; change to read as follows: 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, to excavate or change the grade of any property, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. "Section 106.2; change to read as follows: 106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. Plans shall also show proposed erosion control and tree protection measures in accordance with recognized standards and any additional information as required by other ordinances. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 0 "Section 109.3.5, delete. "Section 112; delete entirely and substitute the following: SECTION 112 BOARD OF APPEALS 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The Building Board of Appeals as established by ordinance 622 as amended shall be the Board of Appeals referenced in this code. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adgpted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. "Section 110.1; change to read as follows: 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification or occupant, either owner or tenant, of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. "Section 202; add a new definition to read as follows: access. "Table 302.3.3, footnote e, change to read as follows: e. Assembly uses accessory to Group E Occupancy must comply with the provisions for Group A Occupancy but for the purpose of Section 302.3 are not considered separate occupancies. "Section 403.1; change to read as follows: 403.1 Applicability. The provisions of this section shall apply to buildings having occupied floors located more than -5 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access. 10 **Section 403.1, exception #3: change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 when used for open air seating, however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. **Section 403.2, exception #2; delete. **Section 406.6.1; add a second paragraph to read as follows: This occupancy shall include garages involved in servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor mart replacement and other such non -major Mair. When the repair garage is only involved in such minor repair, it need not comply with Section 406.6.2. **Section 506.2.2; add a sentence to read as follows: In order to be considered as accessible if not in direct contact with a street or fire lane a minimum 10-foot wide pathway from the street or approved fire lane must be provided. (See International Fire Code Section 503.1.1 for hose lay measurement pathwU requirements.) **Section 705.11; change the exception to read as follows: Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer openings of... {remainder of exception unchanged}. **Section 715.5.2; add exception # 4 to read as follows: 4. In the duct penetration of the separation between the private garage and its residence when constructed in accordance with Section 302.3.3, exceptions #2 and 3. **Section 902.1; under "Standpipe, Types of ' definition amend "Manual dry" by adding a sentence to read as follows: The system must be supervised as specified in Section 905.2. **Section 903.1.2; change to read as follows: 903.1.2 Residential systems. Unless specifically allowed by this code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the 11 purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements of this code. In addition, residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection to be recognized for the purposes of such trade-offs permitted by other requirements of this code. "Sections 903.2.1.1, 903.2.1.2, 903.2.1.3 and 903.2.1.4, change to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided Offeugheut a fire are eenWnixga for Group A-1 eeeupaney Occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 6,000 square feet (1115 M). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi theater complex. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 eeeupane Occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided thr-eugheut a fire are eel for Group A-3 eeeupaney Occupancies where one of the following conditions exists: 1. The fire area exceeds 12;000 6,000 square feet (1115 ff?). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided tkeugheu4 a fire are for Group A-4 eeeupaeey Occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 6,000 square feet (1115 ). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 12 **Section 903.2.7; change to read as follows: 903.2.7 Group R-1. An automatic sprinkler system shall be provided throughout buildings with a Group R-1 fire area. Exceptions: 3 .Wher-e guentr a et leeated f a than thfee ster-ies .,beye the lewest level e exit disehar-ge and eaeh guestreem has M least ene deer- leading dif-eedy te xte.-ier exit n n that leads diree ly to approved emits. 2L.1. A residential sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in buildings, or portions thereof, of Group R-1. **Section 903.2.8, change to read as follows: 903.2.8 Group R-2. An automatic sprinkler system shall be provided throughout all buildings with a Group R-2 fire area where more than two-steries one story in height, including basements, or where having more than 16 dwelling units. (exception unchanged). **Add Section 903.2.10.3 to read as follows: 903.2.10.3. Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one -hour fire barrier wall installed between every storage compartment. **Section 903.2.12.3; amend as follows: 903.2.12.3 Buildings over 55 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509, that is located 33 35 feet (1-764 10 668mm) or more above the lowest level of fire department vehicle access. Exceptions: 2. Open parking structures in compliance with Section 406. ** Section 903.2.12; Add 903.2.12.4, 903.2.12.5 and 903.2.12.6 as follows: 13 903.2.12.4 High -Piled Combustible Storage. For any building with a clear height exceeding 12 L feet (4572 mm), see Chapter 23 of the International Fire Code to determine if those provisions apUly. 903.2.12.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire -extinguishing shing system. 903.2.12.6 Buildings Over 6,000 sq.ft. An automatic sprinkler system shall be installed throughout all buildings over 6,000 sq.ft. For the purpose of this provision, fire walls shall not define separate buildings. Exception: Open parking garages in compliance with Section 406.3. "Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official (defined in the fire code), automatic Autematie sprinklers shall not be required in the following rooms or areas where such ... (bulk of section unchanged) ... because it is damp, of fire -resistance -rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the building code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of not less than 2 hours. 4. Spaees or -areas in telesommunieutiensbuildings.... "Section 903.3.5, add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards, however, every fire protection system shall be designed with a 10 psi safety factor. "Section 903.3.7, change to read as follows: 903.3.7 Fire department connections. The location of fire department connections shall be approved by the building code official y U M �. , 14 **Section 903.4, add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisorysignal at the central station upon tampering_ **Section 905.2, change to read as follows: 905.2 Installation standards. Standpipe system shall be installed in accordance with this section and NFPA 14. Manual da standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a hiWVlow alarm. **Section 905.3.2; delete exceptions #1 and 2. **Section 905.4, item #5,change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with an approved hose connection located either ... (remainder of paragraph unchanged) ... **Section 905.9, add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering_ **Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analogintelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within_ 18 months of permit application. M ** Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open Mace, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. ** Section 907.2.3; change exception #1 and add exception #1.1 added to read as follows: Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1 Residential In -Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) **Section 907.2.12, change to read as follows: 907.2.12 High-rise buildings. Buildings having floors used for human occupancy located more than 7-5 55 feet (22 16 764 mm) or above the lowest level of fire department vehicle �Mr access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. **Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1, when used for open air seating, however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. **Section 907.2.12.2; change the beginning paragraph to read as follows: 907.2.12.2 Emergency voice/alarm communication system. The operation of any automatic fire detector, sprinkler water -flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor, the floor above, and the floor below in accordance with the International Fire Code. **Section 907.3; add a second paragraph to read as follows: 16 Manual alarm actuating devices shall be an approved double action We. **Add Section 907.5.1 to read as follows: 907.5.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm -actuating or alarm -indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between simply and return looms. IDC — Class "A" style — D — SLC Class "A" Style 6 — notification Class "B" Style Y. **Section 907.8.2; change to read as follows: 907.8.2 High-rise buildings. In buildings that have floors located more than 75 55 feet (22 86016 764 mm) sir above the ... (remainder of section unchanged). **Section 1003.2.12.2, exception #3; change to read as follows: 3. In occupancies in Group I-3, F, H or in non-public portions of S, balusters, horizontal intermediate rails or other ... (remainder of exception unchanged). **Section 1004.3.2.1; add an exception #5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire -resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke -detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke -detection system shall be connected to the building's fire alarm system where such a system is provided. **Section 1005.2.1; change to read as follows: 1005.2.1 Minimum number of exits. Every floor area shall be provided with the minimum number of approved independent exits as required by Table 1005.2.1 based on the occupant load, except as modified in Section' 0� ^tee 1005.2.2. For the purposes of this chapter, occupied roofs shall ... (remainder of section unchanged). **Section 1005.3.2.5, change to read as follows: 1005.3.2.5 Smokeproof enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a buildin that serves stories where the floor surface is located more than 7-5 55 feet (22860 16 764 mm) � �� . " " `�� above the lowest level of fire ... (remainder of section unchanged). 17 **Section 1101.2; add an exception to read as follows: Exception: Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. **Section 1108.2.1; change to read as follows: 1108.2.1 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible unisex toilet room shall be provided where an aggregate of six or more male and or female water closets are r-egair-ed provided. In buildings of mixed occupancy, only those water closets ... (remainder of section unchanged). **Section 1209.2, exception #2; change to read as follows: 2. Toilet rooms that are not accessible to the public and which have not more than one water closet, provided that walls around urinals comply with the minimum surrounding material specified by Section 419.3 of the International Plumbing Code. **Section 1403.3; change to read as follows: 1403.3 Vapor retarder. . In all framed walls, floors and roof/ceilings comprising elements of the building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as to not trap moisture. Vapor retarders shall be tested in accordance with ASTM E 96. (delete all exceptions) **Table 1505.1; replace footnotes b and c with the following: b. All individual replacement shingles or shakes shall be in compliance with the rating required by this table. c. Non -classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sg ft. of projected roof area. When exceeding 120 sq.ft of projected roof area, buildings of U occupancies may use non -rated non-combustible roof coverings. **Section 1505.7, delete **Add Section 2308.2.3 to read as follows: 18 2308.2.3 Application to engineered design. When accepted by the code official, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that: 1. The resulting design will comply with the requirements specified in Chapter 16; 2. The load limitations of various elements of this section are not exceeded: and 3. The portions of this section which will apply are identified by an engineer in the construction documents. "Section 2901.1; add a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 ** Section 2902.1; change to read as follows: 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 2902.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 2902.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 2902.1. It is recommended. but not reauired, that the minimum number of fixtures provided also com with the number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the buildig code official t6m The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3. 19 2902.1.1 Finish material. Finish materials shall comply with Section 1209. 2902.2 Unisex toilet and bath fixtures. Fixtures located within unisex toilet and bathing rooms complying with Chapter 11 are permitted to be included in determining the minimum required number of fixtures for assembly and mercantile occupancies. **SectionH101.1: add the following paragraph: The sign ordinance of the City of Southlake is not changed by this chapter. This chapter is intended to only provide the structural standards for signs. END OF AMENDMENTS. 20 1' r City of South lake, -Texas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 816, 2nd Reading, Adoption of the 2000 International Energy Conservation Code. Action Requested: City Council consideration of ordinance adopting the International Energy Conservation Code, 2000 Edition with local amendments. Background Information: Since the early 1900's, three sets of building codes existed within the United States. They were the Uniform Codes, the Southern Standard Codes and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code utilized by cities in this region of the United States. The codes were routinely reviewed and updated, with cities periodically adopting the updated version of the codes. The National Electrical Code has been separately maintained by the NFPA from the beginning. There has been only the one nationally recognized electrical code. Often times, cities adopted these codes with significant changes under local amendment options, which created confusion and conflict for architects, builders, and developers, particularly those operating in more than one city. As metropolis areas began to grow and a global economy became more of a reality, the three groups began pooling their resources and efforts over a decade ago to create a single universal set of codes to be adopted universally. This concept improved the overall safety design of buildings while making the design and construction regulations far less onerous. It allowed an architect in Texas to design one style of building plans that could be used by builders in Texas as well as other states, thereby expanding marketability. It allowed manufacturers to design products with less production costs since the standards were essentially uniform. And it allowed for a better end product at a Billy Campbell December 14, 2001 Page 2 lesser cost than might otherwise be available to the consumer / property owner. We began the transition to the full International Code concept several years ago. Initially it was through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today. We are also currently utilizing the Uniform Building and Fire Codes. A model energy code was first developed in the 1980's but has not been widely used in Texas until now. The 2000 International Codes represent over 10 years of development and the successor to the three major regional sets of codes that have been in use in the United States for the last half - century. The International Codes represent the best and most comprehensive and effective set of codes yet created. All other building codes, including the Uniform Building Codes we have utilized for decades, are discontinued from this point forward. As a part of this development process locally, the North Central Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.). The purpose was to bring all of the industry trades and interests together with the cities in this region to develop standardized regional amendments and recommendations for adoption. In doing so, its goal was to maintain uniformity in codes among all of the regional cities, insofar as practical and possible. The final NCTCOG recommendations provide for cities to consider group A and group B amendments, depending on a wide range of local factors such as size, fire protection requirements, and similar elements. The City of Southlake was very fortunate to have the opportunity for representation on several of the subcommittees and on the primary Code Coordinating Committee. Members of our city staff served on the committees for residential and commercial building codes, electrical code, fire code, plumbing code, and energy code. This allowed an opportunity for Southlake to have a significant voice in the determination of the recommendations for the regional N Billy Campbell December 14, 2001 Page 3 amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to unify the codes through the state-wide adoption of the Residential Code, and we have discussed issues with our local builders meetings as well. During its most recent session, of the State Legislature adopted laws that require all cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code. It also authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. There are several key points to these legislative requirements to be considered. First, the law requires cities to adopt the residential codes by January 1, 2002 and begin enforcement of the energy code by September 1, 2002. For the first time, these requirements now also apply on unincorporated areas of the counties. Finally, it should be noted that because of the efforts of the NCTCOG groups in taking a pro -active and unified approach to these code adoptions have been recognized by the state legislative committees and other state boards that can provide a positive impact locally. Because the I Codes are designed to work together, the NCTCOG committee recommends adoption of the 2000 I Code package including: IBC, IRC, IFC, IPC, IMC, IFGC, and the NEC. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the substantive changes, as compared to existing codes are rare. We give thanks to the efforts of the various review and interactive group efforts over the past two decades for making it possible. According to the last survey published by NCTCOG on November 2, 2001, the 2000 I Codes have been adopted by the following jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort 3 Billy Campbell December 14, 2001 Page 4 Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, Westworth Village. Just as Southlake is doing, many other cities are in some stage of review and adoption. This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. The International Code Council's code development process is a public process whereby anyone may submit code changes and debate at the meetings. The final vote on the changes is by code officials. Legal Review: City Attorney's office has reviewed the ordinance and their suggestions incorporated. Alternatives: The council may approve the ordinance as requested, approve it subject to whatever changes or conditions they deem appropriate or they may deny it. Supporting Documents: Ordinance No. 816, 2000 International Energy Conservation Code. Staff Recommendation: Place Ordinance No. 816 on the December 18, 2001 City Council meeting for second reading. 4 2000 International Energy Conservation Code ORDINANCE NO. 816 AN ORDINANCE ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, REGULATING THE DESIGN OF BUILDING ENVELOPES FOR ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE AND THE DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL, SERVICE WATER -HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the 77"' Texas Legislature adopted Senate Bill 5 requiring cities to adopt the 2000 International Energy Conservation Code, and the City Council of the City of Southlake deems it necessary to adopt this ordinance providing minimum standards to regulate the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water -heating and illumination systems and equipment which will enable effective use of energy in new building construction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the International Energy Conservation Code, 2000 Edition, published by the International Code Council, including the standards referenced therein, is hereby adopted as the Energy Conservation Code of the City of Southlake regulating the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water -heating and illumination systems and equipment in the City of Southlake, except for fuel facilities otherwise regulated under the International Residential Code for One- and Two- Family Dwellings as adopted. A true and correct copy of this document is attached as Exhibit "A." SECTION 2 That the 2000 International Energy Conservation Code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake, Texas may from time to time determine that additional local modifications to the Energy Conservation Code are necessary and appropriate to meet the unique needs of the City of Southlake, Texas. To effectuate these local modifications, the City Council shall enact individual ordinances amending this Ordinance, fully setting forth the change to be made in the Energy Conservation Code. These amendments shall be consolidated as Exhibit 'B" to this Ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($ 2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate offense. 0 SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation of the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical service water -heating and illumination systems and equipment within the City 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 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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. 7 PASSED AND APPROVED ON FIRST READING THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF , 2001. u: e; ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date• EFFECTIVE: EXHIBIT "B" Amendments to the 2000 International Energy Conservation Code The following sections, paragraphs, and sentences of the 2000 International Energy Conservation Code are hereby amended as follows: (Standard type is text from the IECC. Underlined type is text insertedLined thrn,,,.h "Section 101.3; amend 101.3 and add 101.3.3 as follows: 101.3 Compliance. Compliance with this code shall be determined in accordance with Sections 101.3.1,-afW-101.3.2, or 101.3.3. 101.3.3. Alternative compliance. A building certified through a voluntary energy performance testing program approved as meeting or exceeding the provisions of this code may be deemed to comply with the requirements of this code. "Section 302.1; Replace blank Table 302.1 Exterior Design Conditions with the following: CONDITION VALUE Winter a, design dry-bulb (OF) 99.6% 17 Summer a, design dry-bulb (OF) 0.4% 100 Summer', design wet -bulb (OF) 0.4% 78 Degree days heating 2407 Degree days cooling 2603 Climate zone ° 513 "Delete note "a" and replace with the following: a. These values are from ASHRAE Handbook of Fundamentals for Dallas/Ft. Worth International Airport 99.6% Winter DB, 0.4% Summer DB, and 0.4% Summer WB; and from Local Climatological Data for Dallas -Ft. Worth published by the National Climatic Data Center, National Oceanic and Atmospheric Administration. These values are for the purpose of providing a uniform basis of requirements for North Central Texas. This will not preclude licensed professionals from submitting design analyses based on site measurements or published data more specific to the building site. Adjustments shall be permitted to reflect local climates which differ from the tabulated values. or local weather experience determined by the code official. 9 **Delete Figures 302.1(1-43, 45-51). **Section 502.1.1; delete exception #2 and substitute the following: 2. Buildings located in Climate Zones 1 through 9 as indicated in Table 302.1. —Section 502.1.5, add the following exceptions: Exceptions: 1. Any glazing facing within 45 degrees of true north; 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. 3. Any fenestration with attached screens where the screens have a rated shading coefficient of .6 or less. -Section 502.2; Replace blank Table 502.2 Heating & Cooling Criteria with the following: Table 502.28,9 HEATING AND COOLING CRITERIA Element Mode Type A-1 Type A-2 Residential Residential Buildings Buildings Uo Uo Walls Heating or cooling 0.15 0.22 Roof/ceilinq Heating or coolinq 0.03 0.03 Floors over Heating or cooling 0.05 0.05 unheated spaces Heated slab on Heating R-value = 6 R-value = 6 grade Unheated slab on Heating R-value = 0 R-value = 0 grade Basement wall Heating or cooling U-factor = 0.15 U-factor = 0.15 Crawls ace wall I Heating or cooling U-factor = 0.15 U-factor = 0.15 **Delete Note "a" and replace with the following: a. The above values have been determined for all counties in the North Central Texas Council of Governments region. 10 **Add Note "g": ('g. These requirements apply only to the boundaries of conditioned space Air �r conditioning equipment is recommended, but not required to be located within the conditioned space in North Central Texas zones. **Delete Figures 502.2(1-6) **Section 502.2; Add note to Fig 502.2(7): All counties within the North Central Texas Council of Governments region are designated as within the area of very heavy termite infestation probability for purpose of uniform interpretation of this requirement. **Section 502.2.4; Delete prescriptive Tables 502.2.4(1-9) and substitute the following: **Replace Tables 502.2.4 (1-6) with: Table 502.2.4(1) Prescriptive Building Envelope Requirements, Type A-1 Residential Buildings, Based on Window Area as a Percent of Gross Exterior Wall Area (for zones 5b and 6b) 'U Maximu Minimum m Glazing Ceilin Exterio Floor Baseme Slab Crawl U-factor g R- r wall R-value nt wall perimet space value R-value R-value er R- wall value R-value a and ... depth � 0.70 R-26 R-11 R-11 R-5 R-0 R-6 0.65 R-26 R-13 R-11 R-5 R-0 R-5 0.65 R-30 R-13 R-11 R-6 R-0 R-7 x r 0.52 R-30 R-13 R-19 R-6 R-0 R-7 0.50 R-38 R-13 R-19 R-6 R-0 R-7 0.46 R-38 R-16 R-19 R-6 R-0 1 R-7 **Replace Tables 502.2.4 (7-9) with: 11 Table 502.2.4(2) Prescriptive Building Envelope Requirements, Type A-2 Residential Buildings, Based on Window Area as a Percent of Gross Exterior Wall Area Maximu Minimum m Glazing Ceilin Exterio Floor Baseme Slab Crawl U-factor g R- r wall R-value nt wall perimet space } value R-value R-value er R- wall s value R-value and depth 0.55 R-30 R-13 R-11 R-5 R-0 R-6 ` 0.55 R-30 R-13 R-11 R-5 R-0 R-5 0.47 R-38 R-13 R-19 R-7 R-0 R-8 "Section 503.3.3.3; amend as follows: All supply and return -air ducts and plenums installed as part of an HVAC air -distribution system shall be thermally insulated in accordance with Table 503.3.3.3 or where such ducts or plenums operate at static pressures greater than 2 in. w.g. (500 Pa) in accordance with Section 503.3.3.4.1. "Section 503.3.3.4; amend subsections as follows: 503.3.3.4.1 High- and medium -pressure duct systems. All ducts and plenums operating at static pressures greater than 2 in. w.a. (500 Pa) shall be insulated and sealed in accordance with Section 803.2.8. High pFessuFe and Fnedium pFessuFe dDucts operating at static pressures in excess of 3 in. w.g. (750 Pa) shall be leak tested in accordance with SIVIAGNA HVAG Aur DuGt Leakagle Test Manual with a rate of aiF leakage net to eXGeed the maximum Fate that standaFd—. Section 803.3.6. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the Intemational Mechanical Code. 503.3.3.4.2 Low pressure duct systems. All longitudinal and transverse joints, seams and connections of low-pressufe-supply and return ducts operating at static pressures less than or equal to 2 in. w.g. (500 Pa) shall be securely fastened and sealed with welds gaskets, mastics (adhesives), mastic -plus -embedded fabric systems or tapes installed in accordance with the manufacturer's installation instructions. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the International Mechanical Code. (Exception is unchanged} 12 ** Section 802.2; Replace blank tables 802.2 (1-4) with the completed tables provided on the following four pages. Delete tables 802.2 (5-37). TABLE 802.2(1) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA 10 PERCENT OR LESS OF ABOVE - GRADE WALL AREA ELEMENT CONDITION/VALUE Zones 513,613 Skylights (U-factor) 1 Slab or below -grade wall (R- value R-0 Windows and glass doors PF < 0.25 0.25 < PF < 0.50 PF > 0.50 SHGC U-factor Any An Any An Any An Roof assemblies (R-value) All -wood joist/truss Metal joist/truss Concrete slab or deck Metal purlin with thermal block Metal purlin without thermal block Insulation between framing Continuous insulation R-19 R-16 R-25 R-17 NA R-16 R-25 R-17 X R-17 Floors over outdoor air or unconditioned space (R- value) All -wood joist/truss Metal joist/truss Concrete slab or deck Insulation between framing Continuous insulation R-11 R-6 R-11 R-6 NA R-6 Above -grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-0 R-0 CMU, > 8 in., with integral insulation R-value cavity NA R-0 R-0 R-value continuous R-0 R-0 R-0 Other masonry walls R-value cavity NA R-0 R-0 R-value continuous R-0 R-0 R-0 13 TABLE 802.2(2) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 10 PERCENT BUT NOT GREATER THAN 25 PERCENT OF ABOVE -GRADE WALL AREA ELEMENT CONDITIONIVALUE Skylights (U-factor) 1 Slab or below -grade wall (R- value R-0 Windows and glass doors PF < 0.25 0.25<PF<0.50 PF > 0.50 SHGC U-factor 0.6 An 0.7 An Any An Roof assemblies (R-value) All -wood joist/truss Metal joist/truss Concrete slab or deck Metal purlin with thermal block Metal purlin without thermal block Insulation between framing Continuous insulation R-25 R-19 R-25 R-20 NA R-19 R-30 R-20 X R-20 Floors over outdoor air or unconditioned space (R- value) All -wood joist/truss Metal joist/truss Concrete slab or deck Insulation between framing Continuous insulation R-11 R-6 R-11 R-6 NA R-6 Above -grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-0 R-0 CMU, > 8 in., with integral insulation R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 Other masonry walls R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 14 TABLE 802.2(3) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 25 PERCENT BUT NOT GREATER THAN 40 PERCENT OF ABOVE -GRADE WALL AREA ELEMENT CONDITIONNALUE Skylights (U-factor) 1 Slab or below -grade wall (R- value R-0 Windows and glass doors PF < 0.25 0.25<PF<0.50 PF>0.50 SHGC U-factor 0.4 0.7 0.5 0.7 0.6 0.7 Roof assemblies (R-value) All -wood joist/truss Metal joist/truss Concrete slab or deck Metal purlin with thermal block Metal purlin without thermal block Insulation between fram Ing Continuous insulation R-25 R-19 R-25 R-20 NA R-19 R-30 R-20 X R-20 Floors over outdoor air or unconditioned space (R- value) All -wood joist/truss Metal joist/truss Concrete slab or deck Insulation between framing Continuous insulation R-11 R-6 R-11 R-6 NA R-6 Above -grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-0 R-0 CMU, > 8 in., with integral insulation R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 Other masonry walls R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 15 TABLE 802.2(4) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 40 PERCENT BUT NOT GREATER THAN 50 PERCENT OF ABOVE -GRADE WALL AREA ELEMENT CONDITIONNALUE Skylights (U-factor) 1 Slab or below -grade wall (R- value R-0 Windows and glass doors PF<0.25 0.25<PF<0.50 PF>0.50 SHGC U-factor 0.4 0.7 0.5 0.7 0.6 0.7 Roof assemblies (R-value) All -wood joist/truss Metal joist/truss Concrete slab or deck Metal purlin with thermal block Metal purlin without thermal block Insulation between framing Continuous insulation R-25 R-19 R-25 R-20 NA R-19 R-30 R-20 R-38 R-20 Floors over outdoor air or unconditioned space (R- value) All -wood joist/truss Metal joist/truss Concrete slab or deck Insulation between framing Continuous insulation R-11 R-6 R-11 R-6 NA R-6 Above -grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-13 R-11 R-value continuous NA R-3 R-0 CMU, > 8 in., with integral insulation R-value cavity NA, NA R-11 R-11 R-value continuous R-5 R-0 R-0 Other masonry walls R-value cavity NA R-11 R-11 R-value continuous R-5 R-0 R-0 16 **Section 805.2.1 Interior Lighting Controls; add a third sentence to read: Large spaces shall have a separate switch or control for each 2500 square feet of floor area. ** Chapter 9; Replace referenced standard as follows: ,A.S_;W...R_A.F&1F=S 93 EneFgy Code fGF GeFAMP-m-6-al -and High Rose Residential Buildingr, Based an 4- with Revisions thF:u OGtebeF , ASHRAE/IES -- 99 Energy Efficient Design of New Buildings Except Low -Rise Residential Buildings -- 1999 Edition END OF AMENDMENTS. 17 City of South Iakejexas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 817, 2nd Reading, Adoption of the 2000 International Fire Code. Action Requested: City Council consideration of ordinance adopting the International Fire Code, 2000 Edition with local amendments. Background Information: Since the early 1900's, three sets of building codes existed within the United States. They were the Uniform Codes, the Southern Standard Codes and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code utilized by cities in this region of the United States. The codes were routinely reviewed and updated, with cities periodically adopting the updated version of the codes. The National Electrical Code has been separately maintained by the NFPA from the beginning. There has been only the one nationally recognized electrical code. Often times, cities adopted these codes with significant changes under local amendment options, which created confusion and conflict for architects, builders, and developers, particularly those operating in more than one city. As metropolis areas began to grow and a global economy became more of a reality, the three groups began pooling their resources and efforts over a decade ago to create a single universal set of codes to be adopted universally. This concept improved the overall safety design of buildings while making the design and construction regulations far less onerous. It allowed an architect in Texas to design one style of building plans that could be used by builders in Texas as well as other states, thereby expanding marketability. It allowed manufacturers to design products with less production costs since the standards were Billy Campbell December 14, 2001 Page 2 essentially uniform. And it allowed for a better end product at a lesser cost than might otherwise be available to the consumer / property owner. We began the transition to the full International Code concept several years ago. Initially it was through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today. We are also currently utilizing the Uniform Building and Fire Codes. A model energy code was first developed in the 1980's but has not been widely used in Texas until now. The 2000 International Codes represent over 10 years of development and the successor to the three major regional sets of codes that have been in use in the United States for the last half - century. The International Codes represent the best and most comprehensive and effective set of codes yet created. All other building codes, including the Uniform Building Codes we have utilized for decades, are discontinued from this point forward. As a part of this development process locally, the North Central (W Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.). The purpose was to bring all of the industry trades and interests together with the cities in this region to develop standardized regional amendments and recommendations for adoption. In doing so, its goal was to maintain uniformity in codes among all of the regional cities, insofar as practical and possible. The final NCTCOG recommendations provide for cities to consider group A and group B amendments, depending on a wide range of local factors such as size, fire protection requirements, and similar elements. The City of Southlake was very fortunate to have the opportunity for representation on several of the subcommittees and on the primary Code Coordinating Committee. Members of our city staff served on the committees for residential and commercial building codes, electrical code, fire code, plumbing code, and energy code. This allowed an opportunity for Southlake to have a significant voice in the determination of the recommendations for the regional amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to 2 Billy Campbell December 14, 2001 Page 3 unify the codes through the state-wide adoption of the Residential Code, and we have discussed issues with our local builders meetings as well. During its most recent session, of the State Legislature adopted laws that require all cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code. It also authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. There are several key points to these legislative requirements to be considered. First, the law requires cities to adopt the residential codes by January 1, 2002 and begin enforcement of the energy code by September 1, 2002. For the first time, these requirements now also apply on unincorporated areas of the counties. Finally, it should be noted that because of the efforts of the NCTCOG groups in taking a pro -active and unified approach to these code adoptions have been recognized by the state legislative committees and other state boards that can provide a positive impact locally. Because the I Codes are designed to work together, the NCTCOG committee recommends adoption of the 2000 I Code package including: IBC, IRC, IFC, IPC, IMC, IFGC, and the NEC. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the substantive changes, as compared to existing codes are rare. We give thanks to the efforts of the various review and interactive group efforts over the past two decades for making it possible. According to the last survey published by NCTCOG on November 2, 2001, the 2000 I Codes have been adopted by the following jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, Westworth Village. Just as Southlake is doing, many other cities are in some stage of review and adoption. 3 Billy Campbell December 14, 2001 Page 4 Financial Considerations: Citizen Input/ Board Review: Legal Review: This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. Not Applicable No citizen input has been received. Not subject to any Board review. The International Code Council's code development process is a public process whereby anyone may submit code changes and debate at the meetings. The final vote on the changes is by code officials. City Attorney's office has reviewed the ordinance and their suggestions incorporated. Alternatives: The council may approve the ordinance as requested, approve it subject to whatever changes or conditions they deem appropriate or they may deny it. Supporting Documents: Ordinance No. 817, 2000 International Fire Code Staff Recommendation: Place Ordinance No. 817 on the December 18, 2001 City Council meeting for second reading. 4 ORDINANCE NO.817 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 15, ARTICLE III, "FIRE CODE" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS BY ADOPTING THE 2000 EDITION OF THE INTERNATIONAL FIRE CODE; REPEALING ORDINANCE NUMBER 762 AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City wishes to adopt the 2000 Edition of the International Fire Code to provide for the safety of the citizens of Southlake; and WHEREAS, the Director of Public Safety has recommended certain amendments to the International Fire Code, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Article III of Chapter 15 of the Code of Ordinances, City of Southlake, Texas, is hereby amended to read as follows: "ARTICLE III. FIRE CODE Sec. 15-126. Adoption of 2000 Edition of the International Fire Code, The City of Southlake hereby adopts the 2000 Edition of the International Fire Code, including Appendix Chapters A, B, C, D, E, F and G, published by the International Code Council, Inc, save and except such portions as are deleted or amended by this ordinance, and the same are hereby adopted and incorporated as fully as if set out at length herein. Sec. 15-127. Amendments. The following sections of the 2000 Edition of the International Fire Code as adopted in Sec. 15-126, are hereby amended as follows: 5 Section 101.1; Change to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Southlake, hereinafter referred to as "this code." Section 102.4, Change to read as follows: 102.4 Application of other codes. The design and construction of new structures shall comply with this code and other codes as applicable and any alterations, additions, changes in use or changes in structures required by this code which are within the scope of this and other codes shall be made in accordance therewith. Section 102.6, Change to read as follows: Section 102.6 Referenced codes and standards: The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Section 103.1, 103.2 and 103.3 Change to read as follows: Section 103.1_General. The Fire Code shall be enforced by the Division of Fire Prevention. The Division of Fire Prevention is hereby established as a division of the Department of Public Safety of the City of Southlake and shall be operated under the supervision of the Chief of the Fire Department. Section 103.2 Appointment. The Code Official in charge of the Division of Fire Prevention shall be appointed by the Director of Public Safety on the basis of proper qualification as required by the Cityof Southlake. Section 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and the concurrence of the Fire Chief, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Section 105.6 Change as follows: Section 105.6.0 Required operational permits. The code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.34 Sections 105.6.1 through 105.6.46 is hereby rescinded and Sections 105.6.1 through 105.6.34 is adopted as follows: 0 Section 105.6.1 Underground Storage Tanks (UST) Section 105.6.2 Aboveground Storage Tanks (AGST) Section 105.6.3 UST and AGST removal or Temporary out of service Section 105.6.4 Changing UST contents Section 105.6.5 Trench Burning — Clearing Land/Rubbish Section 105.6.6 Fireworks (certified events only) Section 105.6.7 Dry Cleaning Operations, non-flammable liquids Section 105.6.8 Dry Cleaning Operations, flammable/combustible liquids Section 105.6.9 Explosives or Blasting Agents, use of Section 105.6.10 Hazardous Materials (Storage, dispense, use of) Section 105.6.11 Highly Toxic Pesticides (storage, use of) Section 105.6.12 High -Piled Combustible Storage Section 105.6.13 Tire Storage Section 105.6.14 LPG, 25-119 WGC Section 105.6.15 LPG, 120 —1,999 WGC Section 105.6.16 LPG, 2,000 < WGC Section 105.6.17 LPG fueled vehicles/equipment in assemblies Section 105.6.18 Spraying and Dipping Operations Section 105.6.19 Battery Systems Section 105.6.20 Private Agency License Inspection/Certification Section 105.6.21 Asbestos Removal Section 105.6.22 Malls, covered Section 105.6.23 Motor Vehicle Fuel Dispensing Stations Section 105.6.24 Pyrotechnic material 7 Section 105.6.25 Cut Tree in Public Building Section 105.6.26 Controlled Access Gates Section 105.6.27 Circus, Carnivals, Fairs Section 105.6.28 Pipeline Operations Maintenance or Excavation Section 105.6.29 Candles- Open Flame, Use in Assembly Areas Section 105.6.30 Parade Floats Section 105.6.31 Refrigeration Equipment, us of special type Section 105.6.32 Speed Bumps/Humps in Fire Lane Section 105.6.33 Garages -Auto Equipment Maintenance/Repairs Section 105.6.34 Compressed Gases, Use of Sec. 109.3 is amended to read as follows: (W Sec. 109.3 Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be guilty of a misdemeanor and, upon conviction in the Municipal Court, shall be subject to a fine not exceed TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. Sec. 111.4 is amended to read as follows: Sec. 111.4 Any person who shall continue any work after having been served with a stop work order except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not to exceed TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. Section 202 is amended by adding the following definitions: ADDRESSABLE FIRE DETECTION SYSTEM is any system capable of providing identification of each individual alarm initiating device. The identification shall be in plain English and as descriptive as possible to specifically identify the location of the device in alarm. The system shall have alarm verification. ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM is any system capable of calculating a change in value by directly measurable quantities voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in the maintenance mode. CITY shall mean the City of Southlake, Texas CODE OFFICIAL. The Fire Marshal is the designated authority charged by the Director of Public Safety with the duties of administration and enforcement of the code, or a duly authorized representative. FIRE CHIEF shall mean the City of Southlake Chief of Fire Services. FIRE LANE shall mean fire apparatus access road FIRE MARSHAL. See Code Official HIGH -RISE BUII of fire department vehicle access. located more MECHANICAL CODE is the International Mechanical Code'' as adopted by this jurisdiction. SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. "Section 307.2; change to read as follows: 307.2 Permit required. A permit shall be obtained from the code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: E 1. Texas Natural Resource Conservation Commission guidelines and/or restrictions. 2. State, County or Local temporary or permanent bans on open burning. 3. Local written policies as established by the Code Official. **Section 307.3; change to read as follows_ 307.3 Location. The location for open burning shall not be less than 300 feet (91 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet (91 440 mm) of any structure. (exceptions unchanged) **Add Section 307.3.3 to read as follows: 307.3.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. **Section 307.4; change to read as follows: 307.4 Attendance. Open burning, trench burns, bonfires or recreational fires shall be constantly attended until the ... (remainder of section unchanged). **Section 307.5; change to read as follows: 307.5 Open -flame cooking devices. Charcoal burners and other open -flame cooking devices shall not be operated or located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: l .One- and two-family dwellings. 2. Where buildings, balconies and decks are protected by an gpproved automatic sprinkler system. **Section 307.5.1; change to read as follows: 307.5.1 Liquefied -petroleum -gas -fueled cooking devices. When permitted as listed in the exceptions of Section 307.5, LP -gas burners having a LP -gas container with a water capacity greater than 2.5 pounds (1.14 kg) [nominal 1 pound (0.454 kg) LP -gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exception: One- and two-family dwellings and other residential occupancies when those residential occupancies are in compliance with Section 307.5, exception #2, may have containers with a water capacity not greater than 20 pounds (9.08 kg) (nominal 1 pound (0.454 kg) LP -gas capacity]. **Section 404.1 through 404.5 Fire Safety and Evacuation Plans shall be deleted MI **Section 408.2.2 Announcements shall be deleted **Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet (4267 mm). Exception: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. **Section 503.2.2; change to read as follows: 503.2.2 Authority. The code official shall have the authority to require an increase in the minimum -access widths and vertical clearances where they are inadequate for fire or rescue operations. ** Section 503.2.3 in changed to read as follows: 503.2.3 Surface. All weather surface shall be asphalt or concrete. Fire lanes shall be designed to support a minimum 65,000 lb. GVW load. Subgrade shall be prepared to a density of not less than 95% as determined by Standard Proctor. Concrete fire laneshall be a minimum five (5) inch thick 3000 psi concrete reinforced with #3 rebar on 18 inch centers. Asphalt fire lane shall be minimum six (6) inches thick. Drive approaches shall be minimum six (6) inches 3000 PSI concrete with # 3 rebar on 18 inch centers both ways on chairs. ** Section 503.3 is changed to read as follows. 503.3 Marking Either approved striping or signs shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. (1) Striping - Fire gpparatus access roads shall be marked by painted lines of red traffic paint six inches in width to show the boundaries of the lane. The words "FIRE LANE NO PARKING" or "NO PARKING FIRE LANE" shall appear in four inch white letters with a one inch stroke centered on the red stripe at 25 foot intervals on the red border markings along both sides of the fire lanes. (2) Signs - If signs are used the signs shall read "FIRE LANE NO PARKING" or "NO PARKING FIRE LANE" and shall be 12 inches wide and 18 inches high. Signs shall be painted on a white background with letters and borders in red, using not less than two inch lettering Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet six inches above finished grade. Signs shall be spaced not more than 50 feet apart. Signs may be installed on permanent buildings or walls or as approved by the Code Official. 11 **Section 503.4; change to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. **Section 508, shall be amended by adding the following section: 508.5.7 Required Installations. The location, number and type of fire hydrants connected to a water supply capable of deliveringthe he required fire flow shall be provided on the public street or on the site of the premises, or both, to be protected as required and approved by the Chief. Afire hydrant shall be located within 100 feet of a fire department connection. Maximum spacing of Fire hydrants shall be in accordance with the following distances: Occupancy Unsprinklered Sprinklered R-3 and U Occupancies 400 feet 600 feet All Others 300 feet 600 feet Hydrants shall be provided at all intersecting streets and at intermediate locations between intersections as prescribed above, measured as the hose would be laid. Fire hydrants shall be accessible to the fire department apparatus by roads which meet the requirements of Section 503.2. **Section 704.1 change to read as follows; 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but regardless of when constructed, not less than as specified in Table 704.1. When openings are required to be ... (remainder of section unchanged). ** Section 803.3.2 and Section 803.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. **Section 901.7, change to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of accidental activations, the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an approved fife wmeh standby personnel shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. 12 Where utilized, fire wa4ehes standby personnel shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. "Section 902.1; add definition of "Fire Area" to read as follows: FIRE AREA. The aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior walls or fire -resistance -rated horizontal assemblies of a building. "Section 902.1; under "Standpipe, Types of definition, amend "Manual dry" by adding a sentence to read as follows: The system must be supervised as specified in Section 905.2. "Section 903.1.2; change to read as follows: 903.1.2 Residential systems. Unless specifically allowed by this code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements of this code. In addition, residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection to be recognized for the purposes of such trade-offs permitted by other requirements of this code. "Sections 903.2.1.1, 903.2.1.2, 903.2.1.3 and 903.2,1.4, change to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided thfoughout a fire are for Group A-1 eerupen Occupancies where one of the following conditions exists: 1. The fire area exceeds 6,000 square feet (1115 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi theater complex. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided dffeugheut a fire are for Group A-2 eeeupane Occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided dwougheut a fire are for Group A-3 eeeupane Occupancies where one of the following conditions exists: 13 1. The fire area exceeds 6,000 square feet 0115 m2L 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided thfeugheut a fire are for Group A-4 eeeupane Occupancies where one of the following conditions exists: 1. The fire area exceeds 6,000 square feet (1115 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. "Section 903.2.7, change to read as follows: 903.2.7 Group R-1. An automatic sprinkler system shall be provided throughout buildings with a Group R-1 fire area. Exception: (delete exception 1.) A residential sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in buildings, or portions thereof, of Group R-1. **Section 903.2,8, change to read as follows: 903.2.8 Group R-2. An automatic sprinkler system shall be.provided throughout all buildings with a Group R-2 fire area where any of the following conditions apply; 1. The R-2 is located more than twester-ies one story in height, including basements, or 2. The building contains leg more than 16 dwelling units, or 3. The building contains fraternities and sororities with an occupant load of more than 10. Exception: A residential sprinkler system installed in accordance with Section 903.3.1.2 shall be permitted in buildings, or portions thereof, of Group R-2. **Add Sections 903.2.10.2 and 903.2.10.3 to read as follows: 903.2.10.2 Bulk storage of tires Buildings and structures where the area for the storage of tires exceeds 20,000 cubic feet (566 m 3) shall be equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. 903 210 3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. 14 Exception: One-story self-service storage facilities that have no interior corridors, with a one -hour fire barrier separation wall installed between every storage compartment. **Section 903.2.12.3; amend as follows: 903.2.12.3 Buildings over 55 35, feet or three stories in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509, that is located -55 35 feet or three stories or more above the lowest level of fire department vehicle access. Exceptions: 2. Open parking structures in compliance with IBC Section 406. 3. Qeeupaneies i Group F 2 ** Section 903.2.12; Add 903.2.12.4, 903.2.12.5 and 903.2.12.6 as follows: 903.2.12.4 High -Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 23 of the International Fire Code to determine if those provisions UPI . 903.2.12.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire -extinguishing s�hing system. 903.2.12.6 Buildings Over 6.000 so.ft. An automatic sprinkler system shall be installed throughout all buildings over 6,000 sq.ft. For the purpose of this provision, fire walls shall not define separate buildings. Exception: 1. Open parking garages in compliance with Section 406.3. For Group R3 Occupancies the dwelling area shall only consider conditioned living space. For the purpose of this section, area separation walls or fire barriers shall not be considered as forming separate buildings. Exceptions: 1. Dwellings existing as of January 5, 2001. 2.Any dwelling may be enlarged one time without adding sprinklers, so long as the increase in square feet of conditioned space does not exceed 20% of the existing dwelling. **Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official, automatic z4utemotie sprinklers shall not be required in the following rooms or areas where such ... (bulk of section unchanged) ... because it is damp, of fire -resistance -rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 15 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of not less than 2 hours. 4. SPaee- r[eleeewiRmieations buildings ... 2 he S.rooms areaser- that e eentei4� **Section 903.3.1.2; change to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R. However, for the purposes of exceptions or reductions permitted by other requirements of this code, see Section 903.1.2. **Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. **Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap �r to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering_ **Add Section 903.6.2 to read as follows: 903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an qpproved automatic fire -extinguishing system in accordance with Section 1504. **Section 905.2; change to read as follows: section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. **Section 905.3.2; delete exceptions #1 and 2. **Section 905.4, item #5, change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either ... (remainder of paragraph unchanged) .. . C el **Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipesystem water -flow detectors shall be provided for each floor tan to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 100 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. **Section 907.2,3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems (W or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E daycare occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. **Section 907.Z3; change exception #1 and add exception #1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1. Residential In -Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) **Section 907.2.12; change to read as follows: 907.2.12 High-rise buildings. Buildings having floors used for human occupancy located more than 7-5 feet or three stories above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. 17 **Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code, when used for open air seating, however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. **Section 907.2.12.2; change the beginning paragraph to read as follows: 907.2.12.2. Emergency voice/alarm communication system. The operation of any automatic fire detector, sprinkler water -flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor, the floor above, and the floor below in accordance with the building's fire safety and evacuation plans required by Section 404: "Section 907.4; add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action We. **Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm -actuating or alarm -indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between suppy ly and return loops. IDC — Class "A" style — D — SLC Class "A" St le 6 — notification Class "B" Style Y. **Section 907.9.2; change to read as follows: 907.9.2 High-rise buildings. In buildings that have floors located more than 75�-55 feet or three stories above the ... (remainder of section unchanged). **Section 912.2, add a sentence to the end of the paragraph to read as follows: Section 912.2 Location. (Paragraph unchanged) ... The Fire Department Connection shall be located conveniently to a fire hydrant and so that in the event of collapse a concrete wall panel, precast cast in place or tilt wall would not fall on the fitting or on fire department equipment. **Section 913.4, add a second paragraph to read as follows: The fire -pump system shall also be supervised for "loss of power", "phase reversal" and 4up= running" conditions by supervisory signal on distinct circuits. V "Section 1003.2.12.2, exception #3; change to read as follows: 3.In occupancies in Group I-3, F, H or in non-public portions of S, balusters, horizontal intermediate rails or other ... (remainder of exception unchanged) . "Section 1004.3.2.1; add an exception #5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire -resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke -detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke -detection system shall be connected to the building's fire alarm system where such a system is provided. "Section 1005.2.1; change to read as follows: 1005.2.1 Minimum number of exits. Every floor area shall be provided with the minimum number of approved independent exits as required by Table 1005.2.1 based on the occupant load, except as modified in Section 1004.2.1 a 1005.2.2. For the purposes of this chapter, occupied roofs shall ... {remainder of section unchanged} . "Section 1005.3.2.5, change to read as follows: 1005.3.2.5 Smokeproof enclosures. In buildings required to comply with the high-rise provisions of the International Building Code or the provisions for underground buildings in the International Building Code, each of the exits of a building that serves stories where the floor surface is located more than 74 55 feet or three stories above the lowest level of fire ... (remainder of section unchanged). "Section 1504.6, change to read as follows: 1504.6 Fire Protection. New and existing spray Spray booths and spray rooms shall be protected by an approved automatic fire -extinguishing system ... [remainder of section unchanged) ... "Section 2302; add a second paragraph to the definition of "High -Piled Combustible Q/nnn�n» fn r oa nn iniin •.,o• Any building exceeding 6,000 sq ft that has a clear height in excess of 12 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high -piled storage and shall comply with the provisions of this section. When a specific product cannot be identified a fire protection system shall be installed as for Class IV commodities, to the maximum pile height. "Section 2416.1; change to read as follows: U 2416.1 Standby personnel/Crowd managers. When, in the opinion of the code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ standby personnel one ef fner-e qualified per-sens, as required and , to remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, standby personnel shall keep diligent watch for fires during the time such place is open to the public or such activity is being conducted and take prompt measures as directed by the Fire Chief. Such duties may include, but not be limited to, €ef extinguishment of fires that occur and assist in the evacuation of the public from the structure. There shall be trained crowd managers or crowd manager supervisors at a ratio of one crowd manager/supervisor for every 250 occupants, as approved. **Section 3301.1.3; change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as provided pemii#ed in Section 3304 and 3308. 3—The use of fireworks for approved display as permitted in Section 3308. **Section 3402; add new definitions to read as follows: FUEL LIMIT SWITCH. A mechanism, located on a tank vehicle, which limits the quantity of product dispensed at one time. MOBILE FUELING. The operation of dispensing liquid fuels from tank vehicles into the fuel tanks of motor vehicles. Mobile Fueling may also be known by the terms Mobile Fleet Fueling; Wet Fueling; and Wet Hosing. REMOTE EMERGENCY SHUT-OFF DEVICE. The combination of an operator carried signaling device and a mechanism on the tank vehicle. Activation of the remote emergency shut- off device sends a signal to the tanker mounted mechanism and causes fuel flow to cease. ** Section 3403.2.2, add new section to read as follows: 3403 2 2 Fire Protection An approved deluge water foam extinguishing system shall be installed and maintained on all loading facilities and on all unloading facilities. 20 L**Section 3403.6; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and pipings sty "Section 3404.2.9.5.1 changed to read as follows: 3404.2.9.5.1 Locations where above ground tanks are prohibited. The storage of Class I and H liquids in above ground tanks is prohibited on land located in the followingzoning oning districts: all residential districts, including "SF -IA, SF-1B, SF-30, SF-20A, and SF-20B, Single Family Residential Districts;" "RE, Single Family Residential Estate District," "AG," Agricultural District; "MF-1, Two Family Residential District;" "NV-2, Multiple Family Residential District;" and "MH, Manufactured Housing District;" "HC, Hotel District;" "0-1 and 0-2, Office Districts;" "C-1, Neighborhood Commercial District;" "C-2, Local Retail Commercial District;" "C-3, General Commercial District;" "C-4, Arterial Mall District;" `B-2, Commercial Manufacturing District;"and any "PUD, Planned Unit Developoment District. "S-P- 1, Detailed Site Plan District,"and P-2, Generalized Site Plan District" which includes any use permitted in any of the above -referenced districts Such storage is permitted on land zoned within the followingzoning oning districts: "B-1, Business Service Park District;" "I-1, Light Industrial District;" "1-2, Heavy Industrial District;" and "CS. Community Service District, " or on land zoned for certain 5-1-1 or S-P-2 Districts with the approval of the Fire Chief **Section 3404.2,11.5; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. **Section 3404.2.11.5.2; change to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems ... [bulk of provision unchanged} ... and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3. **Add Section 3404.2.11.5.3 to read as follows: 3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum 6 inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of 4 sumps. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two are required. **Add Sections 3406.5.4.5 and 3406.5.4.5.1 through 3406.5.4.5.3 to read as follows: 21 t 3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 3406.5.4.5.1 through 3406.5.4.5.3. 3406.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling, 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a._ all buildings, structures, and appurtenances on site and their use or function; b. all uses adjacent to the property lines of the site; c. the locations of all storm drain openings=adjacent waterways or wetlands; d. information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and, e. the scale of the site plan. 3. The Code Official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place, and specific locations on a site where fueling is permitted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible storage. 3406.5.4.5.2 Refueling Operator Requirements. 1. The owner of a mobile fueling operations shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, c out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently_ posted on 3 sides of the vehicle including the back and both sides. 4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle with signs eg clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed We. 6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in len h. 7. Absorbent materials non -water absorbent pads, a 10 foot (3.048 m) long containment boom, an approved container with lid, and a non-metallic shovel shall be provided to mitigate a minimum 5- gallon fuel spill. 22 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count -back switch, limiting the amount of a single fueling_ operation to a maximum of 500 gallons (1893 L) between resettings of the limit switch. Exception: Tankers utilizing remote emergency shut-off device capability where the operator constantly carries the shut-off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the Code Official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 3406.5.4.5.3 Operational Requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Night time fueling operations shall only take place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The Code Official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. **Add Section 3803.2.1.8 to read as follows: 3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available portable LP -Gas containers are allowed to be used to supply approved torch assemblies or similar appliances Such containers shall not exceed 20-pound 9.0 kg) water capacity. Aggre ag to capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. **Section 3804.2; add an exception #2 to read as follows: 23 Exceptions: L (existing exception unchanged) 2. Except as permitted in 307.5 and 3804.3.2, LP -gas containers are not permitted in residential areas. **Add Section 3804.3.2 to read as follows: 3804.3.2 Spas and Pool Heaters. Where natural -gas service is not available, LP -Gas containers are allowed to be used to supply spa and pool heaters. Such containers shall not exceed 250- gallon water capacity. See Table 3804.3 for location of containers. Section 2. Penalty. 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 all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. Section 3. Cumulative Clause. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. Section 4. Severability Clause. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. Savings Clause. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Article III, Chapter 15 "Fire Code" of the Code of Ordinances, City of Southlake, Texas, as amended, or any other ordinances affecting such code which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 6. Publication. The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 7. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 24 APPROVED ON FIRST READING THIS DAY OF .2001. MAYOR ATTEST: CITY SECRETARY APPROVED ON SECOND READING THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY EFFECTIVE: 25 City of South lake, *Texas i� f MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 818, 2nd Reading, Adoption of the 2000 International Fuel Gas Code. Action Requested: City Council consideration of ordinance adopting the International Fuel Gas Code, 2000 Edition with local amendments. Background Information: Since the early 1900's, three sets of building codes existed within the United States. They were the Uniform Codes, the Southern Standard Codes and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code utilized by cities in this region of the United States. The codes were routinely reviewed and updated, with cities periodically adopting the updated version of the codes. The National Electrical Code has been separately maintained by the NFPA from the beginning. There has been only the one nationally recognized electrical code. Often times, cities adopted these codes with significant changes under local amendment options, which created confusion and conflict for architects, builders, and developers, particularly those operating in more than one city. As metropolis areas began to grow and a global economy became more of a reality, the three groups began pooling their resources and efforts over a decade ago to create a single universal set of codes to be adopted universally. This concept improved the overall safety design of buildings while making the design and construction regulations far less onerous. It allowed an architect in Texas to design one style of building plans that could be used by builders in Texas as well as other states, thereby expanding marketability. It allowed manufacturers to Billy Campbell December 14, 2001 (r Page 2 design products with less production costs since the standards were essentially uniform. And it allowed for a better end product at a lesser cost than might otherwise be available to the consumer / property owner. We began the transition to the full International Code concept several years ago. Initially it was through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today.. We are also currently utilizing the Uniform Building and Fire Codes. A model energy code was first developed in the 1980's but has not been widely used in Texas until now. The 2000 International Codes represent over 10 years of development and the successor to the three major regional sets of codes that have been in use in the United States for the last half - century. The International Codes represent the best and most comprehensive and effective set of codes yet created. All other building codes, including the Uniform Building Codes we have utilized for decades, are discontinued from this point forward. As a part of this development process locally, the North Central Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.). The purpose was to bring all of the industry trades and interests together with the cities in this region to develop standardized regional amendments and recommendations for adoption. In doing so, its goal was to maintain uniformity in codes among all of the regional cities, insofar as practical and possible. The final NCTCOG recommendations provide for cities to consider group A and group B amendments, depending on a wide range of local factors such as size, fire protection requirements, and similar elements. The City of Southlake was very fortunate to have the opportunity for representation on several of the subcommittees and on the primary Code Coordinating Committee. Members of our city staff served on the committees for residential and commercial building codes, electrical code, fire code, plumbing code, and energy code. 0) Billy Campbell December 14, 2001 Page 3 This allowed an opportunity for Southlake to have a significant voice in the determination of the recommendations for the regional amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to unify the codes through the state-wide adoption of the Residential Code, and we have discussed issues with our local builders meetings as well. During its most recent session, of the State Legislature adopted laws that require all cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code. It also authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. There are several key points to these legislative requirements to be considered. First, the law requires cities to adopt the residential codes by January 1, 2002 and begin enforcement of the energy code by September 1, 2002. For the first time, these requirements now also apply on unincorporated areas of the counties. Finally, it should be noted that because of the efforts of the NCTCOG groups in taking a pro -active and unified approach to these code adoptions have been recognized by the state legislative committees and other state boards that can provide a positive impact locally. Because the I Codes are designed to work together, the NCTCOG committee recommends adoption of the 2000 I Code package including: IBC, IRC, IFC, IPC, IMC, IFGC, and the NEC. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the substantive changes, as compared to existing codes are rare. We give thanks to the efforts of the various review and interactive group efforts over the past two decades for making it possible. According to the last survey published by NCTCOG on November 2, 2001, the 2000 I Codes have been adopted by the following Billy Campbell December 14, 2001 Page 4 jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, Westworth Village. Just as Southlake is doing, many other cities are in some stage of review and adoption. This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. The International Code Council's code development process is a public process whereby anyone may submit code changes and debate at the meetings. The final vote on the changes is by code officials. Legal Review: City Attorney's office has reviewed the ordinance and their suggestions incorporated. Alternatives: The council may approve the ordinance as requested, approve it subject to whatever changes or conditions they deem appropriate or they may deny it. Supporting Documents: Ordinance No. 818, 2000 International Fuel Gas Code Staff Recommendation: Place Ordinance No. 818 on the December 18, 2001 City Council meeting for second reading. 4 2000 International Fuel Gas Code ORDINANCE NO.818 AN ORDINANCE ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2000 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the installation and maintenance fuel gas systems including requirements for materials, in order to protect the health, safety and welfare of the citizens of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the International Fuel Gas Code, 2000 Edition, published by The International Code Council, Inc., is hereby adopted as the Fuel Gas Code of the City of Southlake except for fuel gas systems otherwise regulated under the International Residential Code for One- and Two- Family Dwellings as adopted. A true and correct copy of this Code is attached to this ordinance as Exhibit "A SECTION 2 That the 2000 International Fuel Gas Code, as adopted herein, is hereby amended as provided 5 in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake may from time to time determine that additional local modifications to the 2000 International Fuel Gas Code are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code. The amendments shall be consolidated as Exhibit "B" to this ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases. clauses. sentences, paragraphs and sections of this ordinance, since the 0 same would have been enacted by the City council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. It is not the intention of this ordinance to conflict in any way with the Plumbing License Law of Texas. SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the installation and maintenance of electrical systems 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 buy may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. 7 SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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 First Reading On This Day Of , 2001. MAYOR ATTEST: CITY SECRETARY Passed And Approved On Second Reading On This Day Of 92001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: 1.1 EFFECTIVE: EXHIBIT "B" Amendments to the 2000 International Fuel GasCode "Section 102.2; insert a sentence to read as follows: §FG101.2 Scope. This code is not intended to contradict the Texas Plumbing License Law. This code shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, and related accessories as follows: (Remainder of section unchanged.) "Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 7 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. "Section 202; amend definition of "Unvented Room Heater" to add a sentence to read as follows: For the purpose of installation, this definition shall also include "Unvented Decorative Appliances." "Section 306.3; change to read as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided ... (bulk of paragraph unchanged) ... side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm When the attic, mezzanine or platform on which an appliance is installed is more than eight (8) feet (2438 mm) above the floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building unless approved by the code official when the building does not have an equipment room to install a permanent ladder on the wall, or ceiling space to provide a pull down stairway. Exception:. (exception unchanged) . **Section 306.3.1; add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section 306.4.1; add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section 306.5; change to read as follows: 306.5 Appliances on roofs or elevated structures. Where appliances requiring access are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access.-t4e Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below and shall extend to the appliance's level service space. Such access shall ... fbulk of section to read the same)... on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). **Add Section 306.5.1.1 to read as follows: 306.5.1.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. **Section 306.5.2, add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. 10 *Section 401.5; add a second paragraph to read as follows: Both ends of each section of medium pressure gas pipe or tubing shall identiy its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag• "WARNING 1/2 to 5 psi pas pressure Do Not Remove" **Section 402.3; add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1 /2". **Section 404.6; change to read as follows: 404.6 Piping in solid floors. Piping in solid floors shall be laid in channels in the floor and covered in a manner that will allow access to the piping with a minimum amount of damage to the building. Where such piping is subject to exposure to excessive moisture or corrosive substances, the piping shall be protected in an approved manner. As an alternative to installation in channels, the piping shall be installed in accordance with Section 404.11 a GasiRg Gf GGhedule 40 steel, wFought iFen, tightly sealed ends and jGiRt6. Beth ends ef GUGh Gas' Rd not le s than 2 **Section 404.9; change to read as follows: 404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 42 18 inches (305 458 mm) below grade, Ssestien-404 9.1. **Section 404.9.1; delete. **Section 406.4.1; change to read as follows: 406.4.1 Test pressure. The test pressure to be used shall be not less than ' 1�2 *tea 10 psig (20 68.9 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. p6ig (962 kPa gauge), the test pres6wre shall nnt Pune d a value that pFOdUGeS a hGep 11 stress an the piping gFeateF than 50 perGent of the spedfied Fninimum yield strength 0 the pipe Eor welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test pressure shall not be less than sixty (60) pounds per square inch (413.4 kPa). **Section 406.4.2; change to read as follows: 406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for not less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. 442 When 9-�a an a ngle **Add Section 409.1.4 to read as follows: 409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping_ **Section 410.1; add a second paragraph and exception to read as follows: Access to regulators shall compiv with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the reaulator is capable of beina serviced and removed throuah the reauired attic MMIRILOIN **Section 613.6; add a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. 12 "Section 613.6.1; change to read as follows: 613.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. {Exception is unchanged} "Section 620.2; change to read as follows: 620.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. END OF AMENDMENTS_ 13 City of South lake,, Texas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 819, 2nd Reading, Adoption of the 2000 International Mechanical Code. Action Requested: City Council consideration of ordinance adopting the International Mechanical Code, 2000 Edition with local amendments. Background Information: Since the early 1900's, three sets of building codes existed within the United States. They were the Uniform Codes, the Southern Standard Codes and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code utilized by cities in this region of the United States. The codes were routinely reviewed and updated, with cities periodically adopting the updated version of the codes. The National Electrical Code has been separately maintained by the NFPA from the beginning. There has been only the one nationally recognized electrical code. Often times, cities adopted these codes with significant changes under local amendment options, which created confusion and conflict for architects, builders, and developers, particularly those operating in more than one city. As metropolis areas began to grow and a global economy became more of a reality, the three groups began pooling their resources and efforts over a decade ago to create a single universal set of codes to be adopted universally. This concept improved the overall safety design of buildings while making the design and construction regulations far less onerous. It allowed an architect in Texas to design one style of building plans that could be used by builders in Texas as well as other states, thereby expanding marketability. It allowed manufacturers to Billy Campbell December 14, 2001 Car Page 2 design products with less production costs since the standards were essentially uniform. And it allowed for a better end product at a lesser cost than might otherwise be available to the consumer / property owner. We began the transition to the full International Code concept several years ago. Initially it was through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today. We are also currently utilizing the Uniform Building and Fire Codes. A model energy code was first developed in the 1980's but has not been widely used in Texas until now. The 2000 International Codes represent over 10 years of development and the successor to the three major regional sets of codes that have been in use in the United States for the last half - century. The International Codes represent the best and most comprehensive and effective set of codes yet created. All other building codes, including the Uniform Building Codes we have utilized for decades, are discontinued from this point forward. As a part of this development process locally, the North Central Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.). The purpose was to bring all of the industry trades and interests together with the cities in this region to develop standardized regional amendments and recommendations for adoption. In doing so, its goal was to maintain uniformity in codes among all of the regional cities, insofar as practical and possible. The final NCTCOG recommendations provide for cities to consider group A and group B amendments, depending on a wide range of local factors such as size, fire protection requirements, and similar elements. The City of Southlake was very fortunate to have the opportunity for representation on several of the subcommittees and on the primary Code Coordinating Committee. Members of our city staff served on the committees for residential and commercial building codes, electrical code, fire code, plumbing code, and energy code. 2 Billy Campbell December 14, 2001 Page 3 This allowed an opportunity for Southlake to have a significant voice in the determination of the recommendations for the regional amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to unify the codes through the state-wide adoption of the Residential Code, and we have discussed issues with our local builders meetings as well. During its most recent session, of the State Legislature adopted laws that require all cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code. It also authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. There are several key points to these legislative requirements to be considered. First, the law requires cities to adopt the residential codes by January 1, 2002 and begin enforcement of the energy code by September 1, 2002. For the first time, these requirements now also apply on unincorporated areas of the counties. Finally, it should be noted that because of the efforts of the NCTCOG groups in taking a pro -active and unified approach to these code adoptions have been recognized by the state legislative committees and other state boards that can provide a positive impact locally. Because the I Codes are designed to work together, the NCTCOG committee recommends adoption of the 2000 I Code package including: IBC, IRC, IFC, IPC, IMC, IFGC, and the NEC. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the substantive changes, as compared to existing codes are rare. We give thanks to the efforts of the various review and interactive group efforts over the past two decades for making it possible. 3 Billy Campbell December 14, 2001 Page 4 According to the last survey published by NCTCOG on November 2, 2001, the 2000 I Codes have been adopted by the following jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, Westworth Village. Just as Southlake is doing, many other cities are in some stage of review and adoption. This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. The International Code Council's code development process is a public process whereby anyone may submit code changes and debate at the meetings. The final vote on the changes is by code officials. Legal Review: City Attorney's office has reviewed the ordinance and their suggestions incorporated. Alternatives: The council may approve the ordinance as requested, approve it subject to whatever changes or conditions they deem appropriate or they may deny it. Supporting Documents: Ordinance No. 819, 2000 International Mechanical Code Staff Recommendation: Place Ordinance No. 819 on the December 18, 2001 City Council meeting for second reading. 4 2000 International Mechanical Code ORDINANCE NO.819 AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2000 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the installation and maintenance of Heating, Air Conditioning and other Mechanical systems including requirements for materials, in order to protect the health, safety and welfare of the citizens of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the International Mechanical Code, 2000 Edition, published by The International Code Council, Inc., is hereby adopted as the Mechanical Code of the City of Southlake, except for mechanical systems otherwise regulated under the International Residential Code for One- and Two - Family Dwellings as adopted. A true and correct copy of this Code is attached to this ordinance as Exhibit "A." SECTION 2 That the 2000 International Mechanical Code, as adopted herein, is hereby amended as 5 provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake may from time to time determine that additional local modifications to the 2000 International Mechanical Code are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code. The amendments shall be consolidated as Exhibit "B" to this ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect 0 any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the installation and maintenance of heating, air conditioning and other mechanical systems 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 buy may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. 7 SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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. 0 Passed And Approved On First Reading On This I Day Of , 2001. MAYOR ATTEST: CITY SECRETARY Passed And Approved On Second Reading On This Day Of 92001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: EFFECTIVE: W EXHIBIT "B" Amendments to the 2000 International Mechanical Code **Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. **Section 304.8; change to read as follows: 304.8 Clearances from grade. Equipment and appliances installed at grade level shall LW be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. **Add Section 304.11 to read as follows: 304.11 Minimum burial death. Underground fuel piping systems shall be installed a minimum depth of 18 inches (458 mm) below grade. **Section 306.3; change to read as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided ... (bulk of paragraph unchanged) ... side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm When the attic, mezzanine or platform on which an appliance is installed is more than eight (8) feet (2438 mm) above the floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building unless approved by the code official when the building does not have an equipment room to install a permanent ladder on the wall, or ceiling space to provide a pull down stairway_ 10 Exception:. {exception unchanged} . **Section 306.3.1; add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section 306.4.1; add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section 306.5; change to read as follows: 306.5 Equipment and appliances on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access_, Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliance's level service space. Such access shall ... {bulk of section to read the same}... on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section 306.6; add a second paragraph to read as follows: A receptacle outlet shall be provided at or near the appliance location in accordance with the Electrical Code. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Add Section 306.6.1 to read as follows: 306.6.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. 11 'Section 307.2.1; modify second sentence to read as follows: 307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall discharge into the sanitary sewer according to the Plumbing Code if sewer is available. It shall not discharge in a publicly exposed area such as into a street, alleys sidewalk or other areas so as to cause a nuisance. "Section 307.2.2; add a second paragraph to read as follows: Condensate waste pipes from air-cooling coils_ may be sized in accordance with equipment capacity as follows: Equipment Capacitv in tons of refrigeration Up to 20 tons Over 20 to 40 tons Over 40 to 90 tons Over 90 to 125 tons Over 125 to 250 tons _Minimum Condensate Pipe Inside Diameter 3/4 inch 1 inch 1 1/4 inch 1 '/ inch 2 inch The size of condensate waste pipes may be for one unit or a combination of units, or as recommended by the manufacturer. The capacity of waste pipes assumes a 1/8-inch-per-foot slope, with the pipe running three-quarters full. "Section 401.5; add a second exception to read as follows: Exceptions:. 1_ {existing exception unchanged} 2. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. "Section 403.2; add an exception to read as follows: Exception: Where the design professional demonstrates that an engineered ventilation system is designed in accordance with ASHRAE 62, the minimum required rate of outdoor air shall be permitted to be as specified in such engineered system design. 12 **Section 403.2.1; add an item #4 to read as follows: 4. Toilet rooms within private dwellings that contain only a water closet lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. **Table 403.3, footnote g: change to read as follows: g. Transfer air permitted in accordance with Section 403.2.2. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. "Section 501.3; add a second exception to read as follows: Exceptions: 1_ (existing exception unchanged) 2. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. **Section 504.6; add a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. **Section 504.6.1; change to read as follows: 504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. {Exception is unchanged) *Section 506.3.11; change to read as follows: 506.3.11 Duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall be enclosed ... {bulk of paragraph unchanged}... through the 13 use of weather -protected openings. The enclosure shall be separated from the duct by a minimum of 6 3 inches (4-52 76 mm) and a maximum of 12 inches (305 mm) and shall tow serve a single grease exhaust duct system. (Exceptions remain unchanged.) **Section 510.7; add a second exception to read as follows: Exceptions: 1_ {existing exception unchanged} 2. Ducts where the largest cross -sectional diameter of the duct is less than 10 inches (254 mm). **Section 604.1; change to read as follows: 604.1 General. Duct insulation shall conform to the requirements of Sections 604.2 through 604.11, Table 604.1 and the International Energy Conservation Code. Should there be any conflicts between this section and the energy code, the energy code shall take precedence. **Add Table No. 604.1 to read as follows: Table 604.1 - Insulation of Ducts Insulation Insulation Duct Location Types Heatin�q Types Mechanically Zone Heating Cooled Only I A and W On roof on exterior of building C, V2 and W II B and W III C and W I A Attics, garages and crawl spaces A and V2 II A III B I A In walls3, within floor -ceiling A and V2 II A spaces3 III B Within the conditioned space or None required None in required 14 Basements; return ducts in air plenums Cement slab or within ground None required None required Note: Where ducts are used for both heating and cooling, the minimum insulation shall be as required for the most restrictive condition. ' Heating Degree Days: Zone I below 4,500 D.D. Zone II 4,501 to 8,000 D.D. Zone III over 8,000 D.D. z Vapor retarders shall be installed on supply ducts in spaces vented to the outside in geographic areas where the summer dew point temperature based on the 2 Y2 percent column of dry-bulb and mean coincident wet -bulb temperature exceeds 600 F. (15.40 C). 3 Insulation may be omitted on that portion of a duct which is located within a wall- or a floor -ceiling space where: 3.1 Both sides of the space are exposed to conditioned air. 3.2 The space is not ventilated. 3.3 The space is not used as a return plenum. 3.4 The space is not exposed to unconditioned air. Ceilings which form plenums need not be insulated. INSULATION TYPES4 : A -- A material with an installed conductance of 0.48 [2.72 W/(m*K)] or the equivalent thermal resistance of 2.1 [0.367 (m*K)/W]. Example of materials capable of meeting the above requirements: 1-inch (25 mm), 0.60 Ib./cu.ft. (9.6 kg/m) mineral fiber, rock, slag or glass blankets. Y2-inch (13 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. Y2-inch (13 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber board. B -- A material with an installed conductance of 0.24 [1.36 W/(m*K)] or the equivalent thermal resistance of 4.2 [0.735 (m*K)/W]. Example of materials capable of meeting the above requirements: 2-inch (51 mm), 0.60 Ib./cu.ft. (9.6 kg/m) mineral fiber blankets. 1-inch (25 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. 1-inch (25 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber board. C -- A material with an installed conductance of 0.16 [0.9 W/(m*K)] or the equivalent thermal resistance of 6.3 [1.1 (m*K)/W]. Example of materials capable of meeting the above requirements: 3-inch (76 mm), 0.60 Ib./cu.ft. (9.6 kg/m) mineral fiber blankets. 1 1/-inch (38 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m3) mineral fiber blanket duct 15 liner. 1 %-inch (38 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber board. CW V --Vapor Retarders: Material with a perm rating not exceeding 0.05 perm [29 ng/Pa*s*m2]. All joints to be sealed. W - Approved weatherproof barrier. a The example of materials listed under each type is not meant to limit other available thickness and density combinations with the equivalent installed conductance or resistance based on the insulation only. **Section 604.11; change to read as follows: 604.11 Vapor retarders. Where ducts used for cooling are externally insulated, the insulation shall be covered with a vapor retarder in accordance with Table 604.1 having . '-s-:-r -} or aluminum foil having a minimum thickness of 2 mils (0.051 mm). Insulations having a permeance of 0.05 perms [2.87 ng/(Pa , s ' m2)] or less shall not be required to be covered. All joints and seams shall be sealed to maintain the continuity of the vapor retarder. **Section 607.2.2; change to read as follows: 607.2.2 Hazardous exhaust ducts. Hazardous exhaust duct systems shall extend directly to the exterior of the building and shall not extend into or through ducts and plenums. Penetration of structural elements shall conform to this section and the Intemational Building Code except that fire Pre dampers are not required at penetration of fire -resistance -rated assemblies "Section 607.5.1; change to read as follows: 607.5.1 Fire Walls. Ducts and transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with approved fire dampers installed in accordance with their listing. Hazardous exhaust ducts shall not penetrate fire walls. "Section 607.6.1; change to read as follows: 607.6.1 Through penetrations. In occupancies other than Groups 1-2 and 1-3, penetrations by an air duct through a fire -resistive -rated floor/ceiling assembly that connects not more than two stories are permitted without shaft enclosure protection where a fire damper is installed at the floor line. 16 END OF AMENDMENTS. 17 City of Southlake,'Texas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 820, 2nd Reading, Adoption of the 2000 International Plumbing Code. Action Requested: City Council consideration of ordinance adopting the International Background Information: Plumbing Code, 2000 Edition with local amendments. Since the early 1900's, three sets of building codes existed within the United States. They were the Uniform Codes, the Southern Standard Codes and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code utilized by cities in this region of the United States. The codes were routinely reviewed and updated, with cities periodically adopting the updated version of the codes. The National Electrical Code has been separately maintained by the NFPA from the beginning. There has been only the one nationally recognized electrical code. Often times, cities adopted these codes with significant changes under local amendment options, which created confusion and conflict for architects, builders, and developers, particularly those operating in more than one city. As metropolis areas began to grow and a global economy became more of a reality, the three groups began pooling their resources and efforts over a decade ago to create a single universal set of codes to be adopted universally. This concept improved the overall safety design of buildings while making the design and construction regulations far less onerous. It allowed an architect in Texas to design one style of building plans that could be used by builders in Texas as well as other states, Billy Campbell December 14, 2001 Page 2 thereby expanding marketability. It allowed manufacturers to design products with less production costs since the standards were essentially uniform. And it allowed for a better end product at a lesser cost than might otherwise be available to the consumer / property owner. We began the transition to the full International Code concept several years ago. Initially it was through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today. We are also currently utilizing the Uniform Building and Fire Codes. A model energy code was first developed in the 1980's but has not been widely used in Texas until now. The 2000 International Codes represent over 10 years of development and the successor to the three major regional sets of codes that have been in use in the United States for the last half - century. The International Codes represent the best and most comprehensive and effective set of codes yet created. All other building codes, including the Uniform Building Codes we have utilized for decades, are discontinued from this point forward. As a part of this development process locally, the North Central Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.). The purpose was to bring all of the industry trades and interests together with the cities in this region to develop standardized regional amendments and recommendations for adoption. In doing so, its goal was to maintain uniformity in codes among all of the regional cities, insofar as practical and possible. The final NCTCOG recommendations provide for cities to consider group A and group B amendments, depending on a wide range of local factors such as size, fire protection requirements, and similar elements. The City of Southlake was very fortunate to have the opportunity for representation on several of the subcommittees and on the primary Code Coordinating Committee. Members of our city staff served on the committees for residential and commercial building 0] Billy Campbell December 14, 2001 Page 3 codes, electrical code, fire code, plumbing code, and energy code. This allowed an opportunity for Southlake to have a significant voice in the determination of the recommendations for the regional amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to unify the codes through the state-wide adoption of the Residential Code, and we have discussed issues with our local builders meetings as well. During its most recent session, of the State Legislature adopted laws that require all cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code. It also authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. There are several key points to these legislative requirements to be considered. First, the law requires cities to adopt the residential codes by January 1, 2002 and begin enforcement of the energy code by September 1, 2002. For the first time, these requirements now also apply on unincorporated areas of the counties. Finally, it should be noted that because of the efforts of the NCTCOG groups in taking a pro -active and unified approach to these code adoptions have been recognized by the state legislative committees and other state boards that can provide a positive impact locally. Because the I Codes are designed to work together, the NCTCOG committee recommends adoption of the 2000 I Code package including: IBC, IRC, IFC, IPC, IMC, IFGC, and the NEC. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the substantive changes, as compared to existing codes are rare. We give thanks to the efforts of the various review and interactive group efforts over the past two decades for making it possible. 3 Billy Campbell December 14, 2001 Page 4 According to the last survey published by NCTCOG on November 2, 2001, the 2000 I Codes have been adopted by the following jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, Westworth Village. Just as Southlake is doing, many other cities are in some stage of review and adoption. This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. The International Code Council's code development process is a public process whereby anyone may submit code changes and debate at the meetings. The final vote on the changes is by code officials. Legal Review: City Attorney's office has reviewed the ordinance and their suggestions incorporated. Alternatives: The council may approve the ordinance as requested, approve it subject to whatever changes or conditions they deem appropriate or they may deny it. Supporting Documents: Ordinance No. 820, 2000 International Plumbing Code Staff Recommendation: Place Ordinance No. 820 on the December 18, 2001 City Council meeting for second reading. 4 2000 International Plumbing Code ORDINANCE NO.820 AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2000 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article M, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the installation and maintenance of plumbing systems including requirements for materials, in order to protect the health, safety and welfare of the citizens of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the International Plumbing Code, 2000 Edition, published by The International Code Council, Inc., is hereby adopted as the Plumbing Code of the City of Southlake, except for plumbing systems otherwise regulated under the International Residential Code for One- and Two- Family Dwellings as adopted. A true and correct copy of this Code is attached to this ordinance as Exhibit "A SECTION 2 That the 2000 International Plumbing Code, as adopted herein, is hereby amended as (W provided in Exhibit `B" incorporated herein and attached hereto for all purposes of this ordinance. k The City of Southlake may from time to time determine that additional local modifications to the 2000 International Plumbing Code are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code. The amendments shall be consolidated as Exhibit "B" to this ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. It is not the intention of this C ordinance to conflict in any way with the Plumbing License Law of Texas. SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the installation and maintenance of systems 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 buy may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. 7 SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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. H. Passed And Approved On First Reading On This Day Of 12001. MAYOR ATTEST: CITY SECRETARY Passed And Approved On Second Reading On This Day Of MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: EFFECTIVE: 01 EXHIBIT "B" Amendments to the 2000 International Plumbing Code "Table of Contents, Chapter 7, Section 714; change to read as follows: Section 714 Engineered Genvutef 4zed Drainage Design .............. 60 "Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where the requirements of reference standards or manufacturer's installation instructions do not conform to minimum provisions of this code, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. "Section 305.)6.1; change to read as follows: 305.6.1 Sewer depth. tank . Building sewers shall be a minimum of 12 inches (304 mm) below grade. "Section 310.4; delete. "Sections 312.9.1 and 312.9.2; change to read as follows: 312.9.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable. (See Ordinance No. 699 Cross Connection Control Policy.) 10 312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double check -valve assemblies, double -detector check valve assemblies and pressure vacuum breaker assemblies shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with applicable local provisions. (See Ordinance No. 699, Cross Connection Control Policy.) In the absence of local provisions the owner is responsible to ensure that testing is done in accordance with one of the following standards: (list of standards unchanged) "Section 314.2.1; modify second sentence to read as follows: 314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall discharge into the sanitary sewer if sewer is available. It shall not discharge in a publicly exposed area such as into a street, alley, sidewalk or other areas so as to cause a nuisance. "Section 314.2.2; add a second paragraph to read as follows: Condensate waste pipes from air-cooling coils may be sized in accordance with equipment capacity as follows: Eauiament Cauaci in tons of refrigeration Up to 20 tons Over 20 to 40 tons Over 40 to 90 tons Over 90 to 125 tons Over 125 to 250 tons 11 Minimum Condensate Piae Inside Diameter 3/4 inch 1 inch 1 1/4 inch 1 Y2 inch 2 inch The size of condensate waste pipes may be for one unit or a combination of units, or as recommended by the manufacturer. The capacity of waste pipes assumes a 1/8-inch-per-foot slope, with the pipe running three-quarters full. **Section 314.2.3; add item #4 to read as follows: 4. Discharge, as noted, shall be to a conspicuous point of disposal to alert occupants in the event of a stoppage of the drain. **Section 401.1; add a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of the Buildinq Code. Should any conflicts arise between the two chapters, the Code Official shall determine which provision applies. **Section 403.1; change to read as follows: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A. B, F. H. I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 403.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1. It is recommended. but not reauired. that the minimum number of fixtures provided also comply with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the Intemational Building Code. **Add Section 403.1.2 to read as follows: 403.1.2 Finish material. Finish materials shall comply with Section 1209 of the International Building Code. 12 "Section 404.2; change to read as follows: 404.2 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible unisex toilet room shall be provided where an aggregate of six or more male or female water closets are wed provided. In buildings of mixed occupancy, only those water closets ... (remainder of section unchanged) .... "Section 405.6, delete. "Section 409.2; change to read as follows: 409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. "Section 410.1; change to read as follows: 410.1 Approval. Drinking fountains shall conform to ASME Al12.19.1, ASME Al 12.19.2 or ASME Al 12.19.9, and water coolers shall conform to ARI 1010. Exception: A drinking fountain need not be provided in a drinking or dininq establishment. "Section 412.4; change to read as follows: 412.4 _Required location . Floor drains shall be installed in the following areas. 1. In public coin -operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing the automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. 2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code official may accept floor sinks. 13 **Section 413.4; change to read as follows: 413.4 Water supply required. All food waste grinders shall be provided with a supply of cold water. The water supply shall be protected against backflow by an air gap or with the installation of a backflow preventer in accordance with Section 608 **Add Section 417.7 to read as follows: 417.7 Test for shower receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. **Section 419.3; change to read as follows: 419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material. **Add Section 502.5.1 to read as follows: 502.5.1 Electrical requirements. A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment location in accordance with the electrical code. **Add Section 502.7 to read as follows: 502.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform on which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. If the building does not have an equipment room to install a permanent ladder on the wall, or ceiling space to provide a pull down stairway, then the option to install a readily accessible and identified solenoid type shut off switch shall be used. The switch shall shut off power and gas if applicable as well as the water supply. The switch needs to be under the heater and clearly labeled so that the building occupants can shut it off while waiting on maintenance personnel. 14 502.7.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.5.1. **Section 504.6.1; change to read as follows: 504.6.1 Discharge. The relief valve shall discharge through full size piping to a safe place of disposal such as the ieer; outside the building- or an indirect waste receptor. The discharge pipe shall not have any trapped sections and shall have a visible air gap or air gap fitting located in the same room as the water heater. The discharge shall be installed in a manner that does not cause personal injury to occupants in the immediate area or structural damage to the building. The end of the discharge pipe shall not be threaded. The discharge pipe shall not discharge into the pan required in Section 504.7. When discharging outside the building, the point of discharge shall be with the end of the pipe not more than two (2) feet (610 mm) nor less than six (6) inches (152 mm) above the ground or the floor level of the area receiving the discharge and pointing downward. **Section 505.1; change to read as follows: 505.1 Unfired vessel insulation. Unfired hot water storage tanks shall be insulated so that heat loss is limited as specified in Section 504, Intemational Energy Conservation Code. {delete remainder of section) **Add Section 506, 506.1 to read as follows: SECTION 506 COMBUSTION AIR AND VENTILATION 506.1. Combustion air and ventilation. Combustion air and ventilation for fuel burning water heaters, other than gas -fired, shall be in accordance with the International Mechanical Code. Combustion air and ventilation for gas -fired water heaters shall be in accordance with the Intemational Fuel Gas Code. 15 **Add Section 604.4.1 to read as follows: 604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence. **Tables 605.4 and 605.5; delete "Polybutylene (PB) plastic pipe and tubing' **Section 606.1; delete items #4, 5 and 6. **Section 606.2; items #1 and 2 change to read as follows: 1. On the fixture supply to each plumbing fixture. iR Gth9F than ene and two family and multiple family Fe6idential eGGUpaAGies, a;d ethe_F than in individual guestr-eems Exception: Tub and shower valves. 2. On the water supply pipe to each sillcock when subject to freezing. **Section 607.2.1; change to read as follows: 607.2.1 Piping insulation. Piping in required return circulation systems shall be insulated as required in Section 504, International Energy Conservation Code. (delete remainder of section) **Section 608.1; change to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross - connections or any other piping connections to the system. Back flow preventer applications shall conform to applicable local regulations, Table 608.1, except and as specifically stated in Sections 608.2 through 608.16.9. 16 **Section 608.17; change to read as follows: 608.17 Protection of individual water supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with applicable local regulations. In the absence of other local regulations, installation shall be in accordance with Sections 608.17.1 through 608.17.8. **Section 708.3.4; change to read as follows: 708.3.4 Upper terminal Base ef stash. Each horizontal drain shall be provided with a cleanout at its upper terminal6hall be pr-evided at the base of eaGh waste Gr ram;; -stack. Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. **Add Section 712.5 to read as follows: 712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any "public use" occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or electors arranged to function independently in case of W' overload or mechanical failure. For storm drainage sumps and pumping systems, see Section 1113. **Section 714, 714.1; change to read as follows: SECTION 714 ENGINEERED COMPUTERIZED DRAINAGE DESIGN 714.1 Design of drainage system. The sizing requirements for plumbing drainage systems shall be determined by approved semputer pregran; design methods. **Section 802.1.1; delete the exception. **Section 802.4; add a sentence to read as follows: 17 No standpipe shall be installed below the ground. "Section 904.1; changed to read as follows: 904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. "Section 912.1; change to read as follows: 912.1 Type of fixture. A combination drain and vent system shall not serve fixtures other than floor drains, standpipes, siRks-and4avatefies indirect waste receptors. Combination drain and vent systems shall not receive the discharge of a food waste grinder. "Section 912.2; change to read as follows: 912.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection between the fixture drain of a sinler� er standpipe, and the horizontal combination drain and vent pipe. The maximum vertical distance shall be 8 feet (2438 mm). "Section 1002.10; delete. "Section 1106.1; change to read as follows: 1106.1 General. The size of the vertical conductors and leader, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches per hour the 100 yeaF h9UFly rainfall rate FaguFe "Section 1107.3; change to read as follows: 18 1107.3 Sizing of secondary drains. Secondary (emergency) roof drain system shall be sized in accordance with Section 1106 . . Scuppers shall be sized to� prevent the depth of ponding water ... {remainder of section unchanged} . . END OF AMENDMENTS. 19 City of South lake, -Texas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 821, 2nd Reading, Adoption of the 2000 International Residential Code. Action Requested: City Council consideration of ordinance adopting the International Residential Code for One- and Two- Family Dwellings, 2000 Edition with local amendments. Background Information: Since the early 1900's, three sets of building codes existed within the United States. They were the Uniform Codes, the Southern Standard Codes and the BOCA Codes. The Uniform Codes were first published in 1927 and have been the predominant, but not exclusive, code utilized by cities in this region of the United States. The codes were routinely reviewed and updated, with cities periodically adopting the updated version of the codes. The National Electrical Code has been separately maintained by the NFPA from the beginning. There has been only the one nationally recognized electrical code. Often times, cities adopted these codes with significant changes under local amendment options, which created confusion and conflict for architects, builders, and developers, particularly those operating in more than one city. As metropolis areas began to grow and a global economy became more of a reality, the three groups began pooling their resources and efforts over a decade ago to create a single universal set of codes to be adopted universally. This concept improved the overall safety design of buildings while making the design and construction regulations far less onerous. It allowed an architect in Texas to design one style of building plans that could be used by builders in Texas as well as other states, Billy Campbell December 14, 2001 Page 2 thereby expanding marketability. It allowed manufacturers to design products with less production costs since the standards were essentially uniform. And it allowed for a better end product at a lesser cost than might otherwise be available to the consumer / property owner. We began the transition to the full International Code concept several years ago. Initially it was through the adoption of the 1997 versions of the International Plumbing Code and the International Mechanical Codes, all of which we operate under today. We are also currently utilizing the Uniform Building and Fire Codes. A model energy code was first developed in the 1980's but has not been widely used in Texas until now. The 2000 International Codes represent over 10 years of development and the successor to the three major regional sets of codes that have been in use in the United States for the last half - century. The International Codes represent the best and most comprehensive and effective set of codes yet created. All other building codes, including the Uniform Building Codes we have utilized for decades, are discontinued from this point forward. As a part of this development process locally, the North Central Texas Council of Governments established a regional Codes Coordinating Committee and subcommittees for each trade or industry component (electrical, plumbing, fire, mechanical, etc.). The purpose was to bring all of the industry trades and interests together with the cities in this region to develop standardized regional amendments and recommendations for adoption. In doing so, its goal was to maintain uniformity in codes among all of the regional cities, insofar as practical and possible. The final NCTCOG recommendations provide for cities to consider group A and group B amendments, depending on a wide range of local factors such as size, fire protection requirements, and similar elements. The City of Southlake was very fortunate to have the opportunity for representation on several of the subcommittees and on the primary Code Coordinating Committee. Members of our city staff served on the committees for residential and commercial building 2 Billy Campbell December 14, 2001 Page 3 codes, electrical code, fire code, plumbing code, and energy code. This allowed an opportunity for Southlake to have a significant voice in the determination of the recommendations for the regional amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to unify the codes through the state-wide adoption of the Residential Code, and we have discussed issues with our local builders meetings as well. During its most recent session, of the State Legislature adopted laws that require all -cities to adopt the 2000 International Residential Code, the National Electrical Code, and the 2000 International Energy Conservation Code. It also authorized adoption of the 2000 International Mechanical Code and the 2000 International Plumbing and Fuel Gas Codes. There are several key points to these legislative requirements to be considered. First, the law requires cities to adopt the residential codes by January 1, 2002 and begin enforcement of the energy code by September 1, 2002. For the first time, these requirements now also apply on unincorporated areas of the counties. Finally, it should be noted that because of the efforts of the NCTCOG groups in taking a pro -active and unified approach to these code adoptions have been recognized by the state legislative committees and other state boards that can provide a positive impact locally. Because the I Codes are designed to work together, the NCTCOG committee recommends adoption of the 2000 I Code package including: IBC, IRC, IFC, IPC, IMC, IFGC, and the NEC. Just as we have done since 1982 with the periodic adoption of the updated codes, the adoption of these codes keeps us current with building technology advances and modern building standards. While this code is new in the sense that it is published by the International Code Council instead of the International Conference of Building Officials, the substantive changes, as compared to existing codes are rare. We give thanks to the efforts of the various review and interactive group efforts over the past two decades for making it possible. Billy Campbell December 14, 2001 Page 4 According to the last survey published by NCTCOG on November 2, 2001, the 2000 I Codes have been adopted by the following jurisdictions: Allen, Benbrook, Carrollton, DFW Airport, Fort Worth, Glen Rose, Italy, Plano, Richardson, Runaway Bay, Sachse, Westworth Village. Just as Southlake is doing, many other cities are in some stage of review and adoption. This ordinance is only one in a package of related ordinances presented to the city attorney for review. In the review letter, the city attorney acknowledged we may legally adopt any amendments the city deems appropriate, but there was a recommendation to adopt the NCTCOG amendments as written. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. The International Code Council's code development process is a public process whereby anyone may submit code changes and debate at the meetings. The final vote on the changes is by code officials. Legal Review: City Attorney's office has reviewed the ordinance and their suggestions incorporated. Alternatives: The council may approve the ordinance as requested, approve it subject to whatever changes or conditions they deem appropriate or they may deny it. Supporting Documents: Ordinance No. 821, 2000 International Residential Code Staff Recommendation: Place Ordinance No. 821 on the November 26, 2001 City Council meeting for second reading. 4 2000 International Residential Code ORDINANCE NO. 821 AN ORDINANCE ADOPTING THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE FOR ONE -AND TWO-F"IL YD WELLINGS, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL ONE- AND TWO-FAMILY DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES) IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property, and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, design, construction and quality of materials for residential buildings and structures within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the International Residential Code for One- and Two -Family Dwellings, 2000 Edition, published by the International Code Council, including the standards referenced therein, including Appendix Chapters A, B, C, E, G and H are hereby adopted as the Residential Building Code of the City of Southlake regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and 5 maintenance of all one- and two-family dwellings, multiple single-family dwellings (townhouses) and their accessory structures in the City of Southlake. True and correct copies of these documents are attached as Exhibit "A." SECTION 2 That the 2000 International Residential Code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake, Texas may from time to time determine that additional local modifications to the Building Code are necessary and appropriate to meet the unique needs of the City of Southlake, Texas. To effectuate these local modifications, the City Council shall enact individual ordinances amending this Ordinance, fully setting forth the change to be made in the Residential Building Code. These amendments shall be consolidated as Exhibit "B" to this Ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are, severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 0 SECTION 6 LAny 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 all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City 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 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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. 7 PASSED AND APPROVED ON FIRST READING THIS DAY OF 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: EFFECTIVE: 0 EXHIBIT "B" Amendments to the 2000 International Residential Code The following sections, paragraphs, and sentences of the 2000 International Residential Code for One- and Two-family Dwellings are hereby amended as follows: (Standard type is text from the IRC. Underlined type is text inserted.Lined thFo anti type deleted tte)d fro mRG-.) "Section R102.4; change to read as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Exception: Where enforcement ...{remainder of exception unchanged.}.... "Section R105.2, under building item #1 and under electrical; change as follows: 1. One-story detached accessory structures, provided the floor area does not exceed 2W 120 square feet (48.59 11.15 m2). Electrical permits. An electrical permit shall not be required for the following: 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current -carrying parts of any switch, contactor or control device. 5. Reinstallation of attachment plug receptacles, but not the outlets therefor. 6. Repair or replacement of any overcurrent device of the required capacity in the same location. 7. Taping joints. 8. Removal of electrical wiring. N 9. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 10. Low -energy power, control and signal circuits of Class II and Class III as defined in the Electrical Code. **Section R109.1.3; change to read as follows: R109.1.3 Floodplain inspections. For construction permitted in areas prone to flooding as established by Table R301.2(1), upon. . . (bulk of section unchanged} ... construction, the building official Maj 6ha require submission ... (remainder of section unchanged}. **Section R112.2.2; delete. **Table R301.2(1); fill in as follows: Roof Snow Wind Seismic Design Load Speed' (mph) Category" 9 5 Ib/ft 90 (3-sec-gust)/75 fastest A mile Subject to damage from Winter Design Flood Frost line Weathering depth Termite Decayd Temp Hazards a slight to local moderate 6" very heavy moderate 220 F code **SectionR302.1; add a second exception as follows: Exceptions: 1. Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line. 2. Open metal carport structures may be constructed within zero (0) feet of the Property line without fire -resistive or opening protection when the location of such is approved as required by other adopted ordinances. **Section R303.3, exception; change to read as follows: 10 Exception: The glazed areas shall not be required where artificial light and a mechanical ventilation system, complying with one of the following, are provided. 1_The minimum ventilation rates shall be 50 cfm (23.6 Us) for intermittent ventilation or 20 cfm (9.4 Us) for continuous ventilation. Ventilation air from the space shall be exhausted directly to the outside. 2. Bathrooms that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. **Section R303.6; change to read as follows: R303.6 Required heating. When the winter design temneFatu Fe in Table R301 2(i Hs belewr-qQ-9F (I6"G), everjF Eve dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68°F (20°C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design temperature. **Section 317;change title as follows: SECTION R317 SMOKE ALARMS FIRE PROTECTION SYSTEMS (Smoke Alarms and Automatic Fire Extinguishing Systems) **Section317.3; Add secdons317.3, 317.3.1 and 317.3.2 as follows: R317.3 Automatic Fire Extinguishing Systems R317.3.1 Standards. Fire protection systems shall comply with the appropriate International Building Code standards and National Fire Protection Association standards. (See IBC section 903.3.1 through 903.3.1.3) R317.3.2 Where reauired. An automatic fire-extinquishing system shall be installed in Group R3 Occupancies when the dwelling contains over 6000 square feet conditioned living space. For the purpose of this subsection, area separation walls or fire barriers shall not be considered as forming separate buildings. Exceptions: 1. Dwellings existing as of January 5, 2001. 2. Any dwelling may be enlarged one time without adding sprinklers, so long as the increase in square feet of conditioned space does not exceed 20% of the existing dwelling. **Section R322.1; change to read as follows: 11 R322.1 Moisture control. In all framed walls, floors and roof/ceilings comprising elements of the building thermal envelope, a vapor retarder., when installed, shall be installed in a manner so as to not trap moisture LW+pe�iatien. (delete the exceptions) **Section R327.1; change to read as follows: R327.1 General. All buildings and structures, when permitted to be erected in areas prone to flooding ... {bulk of section unchanged} ... areas (including V-Zones),. shall be constructed and elevated as required by the provisions contained in this section or by other local provisions as applicable. **Section R703.7.4.1; add a second paragraph to read as follows: For 3% square feet (0.302 m2) of wall area, the following dimensions shall be adhered to: 1. When ties are placed on studs 16" o.c., they shall be spaced no further apart than 29" vertically starting approximately 15" from the foundation. 2. When ties are placed on studs 24" o.c., they shall be spaced no further apart than 19" vertically starting approximately 10" from the foundation. **Section R703.7.4.2; add a second paragraph to read as follows: When using ties that will flex when pushed, spot bedding of cement mortar shall be installed on all ties. **Add Section R902.3 to read as follows: R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual replacement shingles or shakes shall be a minimum Class C. Exception: Non -classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq.ft. of projected roof area. When exceeding 120 sq.ft. of projected roof area, buildings of U occupancies may use non -rated non-combustible coverings. **Section R907.1; add a sentence to read as follows: All individual replacement shingles or shakes shall comply with Section R902.3. 12 **Section R1005.2; changed to read as follows: R1005.2 Exterior air intake. The exterior air intake shall be capable of providing all combustion air from the exterior of the dwelling or from spaces within the dwelling ventilated with outside air such as sfawl-of attic spaces. The ... (remainder of section unchanged). **Section N1101.2; amend as follows: N1101.2.1 Residential Buildings, Type A-1. Compliance shall be demonstrated byef one of the following: 1. Meeting the requirements of this chapter for buildings with a glazing area that does not exceed 15 percent of the gross area of exterior walls; of 2. Meeting the requirements of this chapter for buildings with a -glazing area that is greater than 15 percent but not exceeding 20 percent of the gross area of exterior walls and air conditioning equipment rated 12 SEER or higher; 3. Meeting the requirements of this chapter for buildings with a glazing area that is greater than 20 percent but not exceeding 25 percent of the -gross area of exterior walls and air conditioning equipment rated 14 SEER or higher; or 4. Meeting the requirements of the Intemational Energy Conservation Code for residential buildings, Type A-1. **Add Section N1101.3.4 to read as follows: N1101.3.4 Exterior basement or slab insulation. Ddesigns employing basement or slab exterior insulation capable of harboring termites shall not be utilized. **Section N1102.1 amend as follows: N1102.1 Thermal performance criteria. The minimum required insulation R-value or maximum required U-factor for each element in the building thermal envelope (fenestration, roof/ceiling, opaque wall, floor, slab edge, crawl space wall and basement wall) shall be in accordance with the criteria in Table GedeN 1102.1. Residential building, Type A-1, with greater than 45-25-percent glazing area; residential buildings, Type A-2, with greater than 25-percent glazing area; and any building in climates with HDD equal to or greater than 13,000; shall determine compliance using the building envelope requirements of the International Energy Conservation Code. **Replace Table N1102.1 with: 13 TABLE N1102.1 SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL COMPONENT CRITERIA MINIMUM REQUIRED THERMAL PERFORMANCE (U-FACTOR AND R-VALUE) MINIMUM INSULATION R-VALUE heft •"F /Btu MAXIMUM Ceiling Ceiling GLAZING s open Joist/Ro Walls Floors Baseme Slab Crawl U-FACTOR to Attic of nt Walls perimet space [Btu/(hr•ft2R° Space Rafter er walls F)] Assemb I 0.65 R-38 R-22 R-13 1 R-19 R-0 R-0 R-0 Section N1102.2 amend as follows: N1102.2 Maximum solar heat gain coefficient for fenestration products. The area - weighted -average solar heat gain coefficient (SHGC) for glazed fenestration installed in climate zones 1 and 2 (te ..f with less than 3,500 HDD4 shall not exceed 0.40. **Add Section M1304.2 to read as follows: M1304.2 Minimum burial depth. Underground fuel piping systems shall be installed a minimum depth of 18 inches (458 mm) below grade. **Section M1305.1.3; change to read as follows: M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall be provided ... (bulk of paragraph unchanged) ... sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), where such dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by a permanent stairway. a pull down stairwav or an access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. **Add Section M1305.1.5, M1305.1.5.1 to read as follows: M1305.1.5 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level it shall be made accessible by a stairway or permanent ladder fastened to the building. 14 M1305.1.5.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section M1305.1.3.1. "Section M1305.1.3.1; add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. "Section M1305.1.4.1; change to read as follows: M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and firmly supported on a concrete slab or other approved material extending above the adjoining grade a minimum of 3 inches (76 mm). Appliances suspended from the floor shall have a clearance of not less than 6 inches (152 mm) above the ground. "Section M1305.1.4.3; add a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. "Section M1307.3.1; delete. "Section M1501.2; change to read as follows: M1501.2 Exhaust duct size. The minimum diameter of the exhaust duct shall be as recommended by the manufacturers and shall be at least the diameter of the appliance outlet and shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not be reduced along its developed length nor at the point of termination. "Section M1501.3; change to read as follows: M1501.3 Length limitation. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination with not more than two bends. When extra bends are installed, the maximum length of the duct 15 shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. The maximum length of the exhaust duct does not include the LV transition duct. {Exception is unchanged} **Section M1601.3.4, item #1; change to read as follows: 1._ Duct insulation shall conform to the requirements of Table M1601.3.4 and Section N1101.2. Should there be any conflicts between this section and the energy efficiency provisions, the energy efficiency provisions shall take precedence. A vapor retarder in accordance with Table M1601.3.4 :Fn ' , or aluminum foil having a minimum thickness of 2 mils (0.051 mm), shall be installed on the exterior of insulation on cooling supply ducts that pass through nonconditioned spaces conducive to condensation. Insulations having a permeance of 0.05 perms f2.87 nq/(Pa , s ' m2)1 or less shall not be required to be covered. **Add Table M1601.3.4 to read as follows: Table M1601.3.4 - Insulation of Ducts Insulation Insulation Duct Location Types Heatin�q Types Mechanically Zone Heating Cooled Only I A and W On roof on exterior of building C, V2 and W II B and W III C and W I A Attics, garages and crawl spaces A and V2 II A III B I A In walls3, within floor -ceiling A and V2 II A spaces3 III B Within the conditioned space or in None required None basements; return ducts in air required plenums Cement slab or within ground None required None required 16 Note: Where ducts are used for both heating and cooling, the minimum insulation shall be as required for the most restrictive condition. ' Heating Degree Days: CW Zone I below 4,500 D.D. Zone II 4,501 to 8,000 D.D. Zone III over 8,000 D.D. 2 Vapor retarders shall be installed on supply ducts in spaces vented to the outside in geographic areas where the summer dew point temperature based on the 2 1/Z percent column of dry-bulb and mean coincident wet -bulb temperature exceeds 600 F. (15.40 C). 3 Insulation may be omitted on that portion of a duct which is located within a wall- or a floor -ceiling space where: 3.1 Both sides of the space are exposed to conditioned air. 3.2 The space is not ventilated. 3.3 The space is not used as a return plenum. 3A The space is not exposed to unconditioned air. Ceilings which form plenums need not be insulated. INSULATION TYPES': A -- A material with an installed conductance of 0.48 [2.72 W/(m*K)] or the equivalent thermal resistance of 2.1 [0.367 (m*K)/W]. Example of materials capable of meeting the above requirements: 1-inch (25 mm), 0.60 Ib./cu.ft. (9.6 kg/m) mineral fiber, rock, slag or glass blankets. Y2-inch (13 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. Y2-inch (13 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber board. B -- A material with an installed conductance of 0.24 [1.36 W/(m*K)] or the equivalent thermal resistance of 4.2 [0.735 (m*K)/W]. Example of materials capable of meeting the above requirements: 2-inch (51 mm), 0.60 lb./cu.ft. (9.6 kg/m) mineral fiber blankets. 1-inch (25 mm), 1.5 to 3 lb./cu.ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. 1-inch (25 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber board. C -- A material with an installed conductance of 0.16 [0.9 W/(m*K)] or the equivalent thermal resistance of 6.3 [1.1 (m*K)/W]. Example of materials capable of meeting the above requirements: 3-inch (76 mm), 0.60 lb./cu.ft. (9.6 kg/m) mineral fiber blankets. 1 1/2-inch (38 mm), 1.5 to 3 lb./cu.ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. 1 Y2-inch (38 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber board. V --Vapor Retarders: Material with a perm rating not exceeding 0.05 perm [29 ng/Pa*s*m2]. All joints to be sealed. W -Approved weatherproof barrier. ' The example of materials listed under each type is not meant to limit other available thickness and density combinations with the equivalent installed conductance or resistance based on the insulation only. **Section M2005.2; change to read as follows: 17 M2005.2 Prohibited locations. Fuel -fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self - closing device. Direct -vent water heaters are not required to be installed within an enclosure. ** Section G2403; amend definition of "Unvented Room Heater" to add a sentence to read as follows: For the purpose of installation, this definition shall also include "Unvented Decorative Appliances." **Section G2411.5; add a second paragraph to read as follows: Both ends of each section of medium pressure gas pipe or tubing shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" **Section G2412.3; add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2". **Section G2414.6; change to read as follows: G2424.6 (404.6) Piping in solid floors. Piping in solid floors shall be laid in channels in the floor and covered in a manner what will allow access to the piping with a minimum amount of damage to the building. Where such piping is subject to exposure to excessive moisture or corrosive substances, the piping shall be protected in an approved manner. As an alternative to installation in channels, the piping shall be installed in accordance with Section G2414.11 (404.11) , wrought 'Fen, PVG OF ABS pope J **Section G2414.9; change to read as follows: M., G2414.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 42 18 inches (395 458 mm) below grade, SeGtiGn G2414.9.1. **Section G2414.9.1; delete. **Section G2416.4; add a sentence to read as follows: The equipment used shall be of an appropriate scale such that pressure loss can be easily determined. **Section G2416.4.1; change to read as follows: G2416.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than 10 psig (20 68.9 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge.' eXGeeds 125 psig (862 kPa gauge), the test pFessuFe shall net eXGee-d- a value that yield stFeRgth of the For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test pressure shall not be less than sixty (60) pounds per square inch (413.4 kPa). **Section G2416.4.2; change to read as follows: G2416.4.2 (406.4.2) Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for fiat less than 40 fifteen (15) minutes. For welded pipina. and for oipina carrvina pas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. **Add Section G2419.1.4 to read as follows: G2419.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. **Section G2420.1; add a second paragraph and exception to read as follows: 19 Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. **Section G2437.5; add a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. **Section G2437.5.1; change to read as follows: G2437.5.1 (613.6.1) Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. (Exception is unchanged} **Section G2443.2; change to read as follows: G2443.2 (620.2) Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7. **Section P2503.5.1, item 1; add a second paragraph to read as follows: Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. **Section P2503.7.2; change to read as follows: 20 P2503.7.2 Testing. Reduced pressure principle ... {bulk of section unchanged} ... at the time of installation, immediately after repairs or relocation and at regular intervals as required by the Cross Connection Control Policy, Ordinance No. 699. least aRRua4y. **Add Section P2603.6.1 to read as follows: P2603.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. **Section P2708.1; change to read as follows: P2708.1 General. Shower compartments shall ... {bulk of section unchanged} ... shall be constructed as per Section R307.2 R702.4. Such walls shall ... {remainder of section and exception unchanged}. **Section P2708.1; add a sentence to read as follows: Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch (559 mm) door. **Section P2709.1; add an exception to read as follows: Exception: Showers designed to comply with ICC/ANSI A117.1. **Section P2710.1; change to read as follows: P2710.1 Finished. Shower walls shall be finished in accordance with Section R307.2 Q'�. **Section P2803.6.1; change to read as follows: P2803.6.1 Requirements for discharge. The outlet of a pressure relief valve, temperature relief valve or combination thereof, shall not be directly connected to the drainage system. The discharge from the relief valve shall be piped full size separately to the outside of the building or to an indirect waste receptor located inside the building. In areas subject to freezing, the relief valve shall discharge through an air gap into an indirect waste receptor located within a heated space, or by other approved means. The discharge pipe shall not discharge into the pan required in Section P2801.5. 21 The discharge shall be installed in a manner that does not cause personal injury or property damage and that is readily observable by the building occupants. The discharge from a relief valve shall be trapped. The diameter of the discharge piping shall not be less than the diameter of the relief valve outlet. The discharge pipe shall be installed so as to drain by gravity flow and shall terminate atmospherically . When discharging outside the building, the point of discharge shall be with the end of the pipe not more than two (2) feet (610 mm) nor less than six (6) inches (152 mm) above the ground or the floor level of the area receiving the discharge and pointing downward. The end of the discharge pipe shall not be threaded. "Table P2904.4.1; delete "Po/ybutylene (PB) plastic pipe and tubing". "Sections P2904.5, 2904.5.1 and 2904.12, delete reference to "PB" plastic pipe. "Section P3005.2.6; changed to read as follows: P3005.2.6 Upper terminal Base Gf St . Each horizontal drain shall be provided with a cleanout at its upper terminal wall.the building withiR 3 ef the building Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. "Section P3103.1; changed to read as follows: P3103.1 Roof extension. All open vent pipes which extend through a roof shall be terminated at least six 6 inches 052 mm above the roof al#iGipated snow , except that ... (remainder of section unchanged}. "Sections P3105.2 and P3105.3 and Figure P3105.3; delete "Section P3111.1; change to read as follows: P3111.1 Type of fixture. A combination waste and vent system shall not serve fixtures other than floor drains, standpipes, sk*s-andaavateNes indirect waste receptors. Combination drain and vent systems shall not receive the discharge of a food waste grinder. 22 "Section P3111.2; change to read as follows: P3111.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection between the fixture drain of a sink, standpipe, and the horizontal combination waste and vent pipe. The maximum vertical distance shall be 36 in� 8 feet (944 2438 mm). "Part V111- Electrical, Chapters 33 through 42; Delete and add note as follows: Note: Chapters 33 through 42 are based on the 1999 National Electrical Code and are included here for reference only. The National Electrical Code as adopted by separate ordinance takes precedence over these sections. "Section E3301.1; add a sentence to read as follows: All references to NFPA 70 shall mean the Electrical Code as adopted. "Appendix G; Change section AG105 as follows: AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in -ground, aboveground or on -ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following: 1. The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). Pre-existing fences. The installation of a swimming pool creates the requirement for the barrier fence. A previously existing fence would not have any status under this section because the addition of the pool creates the hazard on which the code section is based. The one exception to this general rule is when the fence on one side of the new pool is already a pool enclosure for the adjacent property. That fence segment which is common to another yard with a pool is a legal nonconforming pool enclosure and need not be upgraded. Any other existing fence that is lust now becoming a pool enclosure shall comply with this section. 23 2. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width. 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches(102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width. EXCEPTION: When horizontal members are part of a fence that is at least 6 feet (1830 mm) in height, the horizontal members need not be on the pool side of the barrier and the 45 inch distance between horizontal members does not apply. 6. Maximum mesh size for chain link fences shall be a 1.25-inch (32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches (44 mm). 7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches(44 mm). 8. Access gates shall comply with the requirements of Section AG105.2, Items 1 through 7, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self -closing and have a self -latching device. Gates other than pedestrian access shall have a self latGhina dese be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. Where the release mechanism of the self -latching device is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following: 8.1. The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate, and 8.2. The gate and barrier shall have no opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 24 Vehicle aates desianed or intended to be used on a reqular basis may be automatic closing rather than maintained locked. Automatic pates may be opened by a key or switch (fixed or remote) but the gate shall automatically close within one to two minutes without requiring any additional action on the part of the person who opened it. 9. Where a wall of a dwelling serves as part of the barrier one of the following conditions shall be met: 9.1. The pool shall be equipped with a powered safety cover in compliance with ASTM F1346; or 9.2. All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches (1372 mm) above the threshold of the door; or 9.3. Other means of protection, such as self -closing doors with self -latching kw devices, which are approved by the governing body, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described above 10. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then: 10.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access, or 10.2. The ladder or steps shall be surrounded by a barrier which meets the requirements of Section AG105.2, Items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere. END OF AMENDMENTS. 25 City of Southlake, Texas MEMORANDUM November 30, 2001 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Approve Ordinance No. 808, 2nd reading, abandoning a portion of the public right-of-way for Crooked Lane within the Cornerstone Plaza Addition and authorizing the Mayor to execute a quit claim deed. Action Requested: Approve Ordinance No. 808, 2nd reading, abandoning a portion of the public right-of-way for Crooked Lane within the Cornerstone Plaza Addition from FM 1709 to approximately 466 feet south and authorizing the Mayor to execute a quit claim deed. Background Information: The final plat for South Nolen Drive from FM 1709 to Crooked Lane was approved on December 7, 2000. The preliminary plat for Cornerstone Plaza Addition, a 9.5543 acre tract, located at the southwest corner of FM 1709 and South Nolen Drive was approved on February 20, 2001. The preliminary plat includes a portion of Crooked Lane from FM 1709 to 466 feet south to be abandoned. The developer has completed the construction of South Nolen Drive between FM 1709 and Crooked Lane. The contractor is completing work on the punch list and the 2nd reading will be delayed if the street is not 100% complete and open to traffic. All existing utilities located within the right-of-way of this section of Crooked Lane have been relocated to the new South Nolen Drive right-of-way. It was understood at the time the preliminary plat was approved that the old Crooked Lane right-of-way within the Cornerstone Plaza Addition would be abandoned when the new section of South Nolen Drive was completed. The developer is now requesting that the City abandon the old right-of-way of Crooked Lane from FM 1709 to approximately 466 feet south in the proposed Cornerstone Plaza. The area of right-of-way to be abandoned contains 29,177 square feet. Ordinance No. 808 was approved on I" reading by the City Council on November 26, 2001. Financial Consideration: None. Citizen Input/ Board Review: None. Legal Review: The City Attorney has reviewed this ordinance. Alternatives: The Council can approve it, deny it, or modify it. Supporting Documents: Ordinance No. 808 Quit Claim Deed Preliminary Plat Location Map Staff Recommendation: Please place on City Council agenda for December 18, 2001 for 2°a reading and for Council review and consideration. Staff Contact: Charlie Thomas. 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REW big VR,l s- I` p � � bgg� s�.'• np�no o2 pp a F iY�^ p)me cu: Q�+ nn �o zze°zz Croaked Lane Abandonment 0 29 October 2001 Pedram Farahnak Director of Public Works City of Southlake 1400 South Main Southlake, Texas 76092 Dear Pedram Par-3 properties has submitted a formal request for Abandonment of Right Of Way (R.O.W.) to the City, for abandonment of specific R.O.W. located on and in the vicinity of Crooked Lane, in between South Nolen Drive and Southlake Boulevard (F.M. 1709)We are in receipt of the required sigratureiapprova1 forms. executed by all utility companies pr^s^ding rtility service within this area. We respectfully request that the Abandonment of R.O.W. for this section of Crooked Lane be placed on the City of Southlake City Council Agenda for first reading at the 20 November 2001 City Council meeting. The general contractor for this project (ThDal) has indicated to us that South Nolen Drive will be ready for final acceptance prior to first reading at the 20 No\ember 2001 Council meeting. Final aeading, striping and traffic sign installation are scheduled for completion by the end of next week. It is our understanding and expectation, based on numerous conversations with you, Charlie Thomas and David Fleming, that Crcxaked Lane north of the South Nolen intersection will be closed in conjunction with and immediately upon the final acceptance and opening to traffic of the recently constructed South Nolen Drive segment. Thanks for all of your assistance in completion of this project. Respectfully, Max Krugler Manager, Par-3 Properties, L.L.C. 2810 Market Loop, Suite 100 / P.O. Box 92848 ! Southlake, TX 76092 Tel: 817.329.1635 Cell: 81 .999.5336 Fax: 817,488.7205 cc: Charlie Thomas David Fleming Tim Mullikin (Tri-Dal) Jeff Wang W Monday, Oclob-29, 2 Anenba Online: CaWA/OWI Poge' 1 ORDINANCE NO. 808 AN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF CROOKED LANE 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 QUIT CLAIM DEEDS RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THESE RIGHT-OF-WAY AND EASEMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that certain portions of Crooked Lane in the City of Southlake, are not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a correspondence benefit, and the public would be better served and benefited by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute a quitclaim deed releasing all title, ownership, and control in said right-of-way to the owners of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The following right-of-way in Cornerstone Plaza is hereby vacated and abandoned as public property: Crooked Lane, a dedicated public street, more specifically described in Exhibit A and shown on Exhibit B. Further, the franchise utility companies have expressed no objection to the abandonment of said right-of-way as recounted in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein for all purposes. The right-of-way is 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. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. 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 right-of- way on the behalf of the City of Southlake, Texas. SECTION 3 A copy of said quitclaim shall be presented for filling with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 M This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2001. APPROVED AS TO FORM AND LEGALITY: City Attorney Eq MAYOR ATTEST: CITY SECRETARY EXHIBIT "A" DESCRIPTION OF A PORTION OF CROOKED LANE RIGHT—OF—WAY TO BE ABANDONED BEING a tract of land in the City of Southlake, Texas, and being part of the THOMAS EASTER SURVEY, Abstract No. 474, Tarrant County, Texas, and embracing a portion of the tract of land described in the deed to Catherine A. Jurgensen recorded in Volume 6609, at Page 483 of the Deed Records of Tcrant County, Texas, and also embracing a portion of the tract of land described in the deed to John R. Cemlow recorded in Vclume 9275, at Page 1926 of the Deed Records of Tarrant County, Texas, and also embracing a portion of the tract of lend described in the deed to Barbara Jo Gordon recorded in Volume 6843, at Page 1181 of the Deed Records of Tarrant County. Texas, and being more particularly described as follows: BEGINNING at a Texas Department of Transportation Monument found in the southwesterly right—of—way line of Form to Market Highway No. 1709 (Commonly known as East Southlake Boulevard), said point being the northwest corner of Lot 5R2 of the Thomas Easter No. 474 Addition an addition to the City of Southlake according to the plat thereof recorded in Cabinet A, at Slide 49D0 of the Map Records of Tarrant County, T,:xrs, and ciao being the most northerly corner of the aforementioned Jurgensen tract; THENCE, see::`: OU de:;rLe_ 20 minutes 40 seconds east with the east line of said Jurgensen tract, and the ,vest lire of said i at 5R2 of the Thomas Easter Ne. 474 Addition, a distance of 19.67 feet; THENCE. s^ui) `, dpgi,w- 51 minutes 57 seconds west parallel with the northwest line of said Jurgensen tract, an distance of 464.37 feet to a 1 J2 inch iron rod set with a plastic cap stamped 'JDJR' for the northwest corner of Lot 2, Block 5, of Cornerstone Business Paris, an addition to the City of Southlake according to the plat thereof recorded in Cabinet A. Slide 4010 of the Map Records of 'Tarrant County, Texas, said point being at the beginning of a curve conccve to the southeast having a radius of 51E.20 feet, a centrai angle of 4 degrees 38 minutes 29 second4 and a chard that bears south 50 degrees 15 minutes i4 seconds west, a d;stonce of 95.66 feet; THENCE, with tot arc of to?d curve and the southeasterly right—of—way line of Crooked Lane as shown on the last mentioned plat of Corm. -stone Business Park, a distcnce of 25.67 feet to a 1 f2 c.ch iron rod set with a plastic cap stomped "JDJR"; THENCE, north 42 decrees C4 minutes 1 second west radio! to the last mentioned curve, a distance of 19.84 feet to a point in the youth line of the aforementior.ea Jurgensen tract; THENCE, south 87 degrees 05 minutes 25 seconds west with the south line of said Jurgensen tract, a distance of 27.37 feet to a P.K. nail set in Crooked Lane for the west corner of sold Jurgensen tract; THENCE, north 53 degrees 51 minutes 57 seconds east with the northwest line of scid Jurgensen tract, a distance of 37.23 feet; THEN(,E, north 36 cenrees 08 minutes 03 seconds west perpendicular to the northwest line of sold Jurgensen tract, a distance of 12.29 feet to c point in the south line of the aforementioned tract to Barbara Jo Gordon., scid point bears south 89 degrees 36 minutes 51 seconds west a distance of 23.55 feet from a h inch iron rod found for the most easterly southeast comer of said tract; 7H CE, south 69 degrees 36 minutes 51 seconds West with the .south line of said Barbara Jo Gordon's tract, a distance of 14.71 feet to a point that bears north 89 degrees 36 minutes 51 seconds east, a distance of 318.04 feet from a one inch iron pipe found for the southwest comer of said tract; THENCE-, north 53 degrees 51 minutes 57 seconds ray. Parallel with the northwest line of the aforementioned Jurgensen tract, a distance of 466.02 feet. to c point in the southerly right—of—way line of the _'crernentioned Farr.; to Market Highway No. 1709. said point being the beginning of a ran —tangent curve concave to the northeast having a radius of 1,974.86 feet, a central chose of 1 degree 38 rn:lnutes 04 seconds and a chord that bears south 74 degrees 42 minutes 26 seconds ecst, a distance of 56.33 feet; - , CE, in ^ ;uutheasterly direction with the arc of c^d c,,r,a and with t1 a sou±harry ;-cht—of—way line of said Farm to Morket Highway No. 1709, a distance of 56.33 feet to the POINT Cr BEGINNING_ Containing c computed area of 29,177 square feet or 0.6638, acres of land. XHI8! i A FOR i O N OF CROOKED LANE RIGHT-OF-WAY ABANDONMENT SOU T HLAKE, TEXAS SHEET 1 OF 1 i Z 5 z FAA � B 0=01 ' 38' 04' ' R=1974.86' SCAL_ 1' _ 1 CO' Q�!'4 , L=56.33' Gfir J �p91 Viz T=2B.17' �`wGY 1 CB=56.33' C=S74*42'26"E SURv`— E" DESCRiPT!^N� POINT Cc' —GINMNG -1r1N '2- L`EW�Cw. E-Ux �ARCt G. _FXED' :HONU4E'.' i.,.. 9 - CUYJ I \ ^OR 110N OF CROOKED LANE R-0.'W. TO BE ABANDONED 0 23,177 SO, r.T n 6 FN In 711111,7, AND LOT --T� i.rta A> EAS'T_ r 17. o .:t-I�CN �� \ .h. �4 •� `—Kh rine A Jurgensc. - C^3. A _- ht3 is `i PAGE R 3AR3ARA X "CROON SOUh4.AKE 'CORNLRSiCNE BUSINESS PARK COL. 68 �3. %aGE ,tg; L. 72873, PAGE 522 CRTC. _... LS Lr7'15'25.. W n_.:1. ..E; ��/ f '�(��,. -1;.+ .RCN P.CD �A .F 5 r. '1RNER ONE LUSINESS PARK 4AB. A 3 'C' grip sa / tT / N J l j D=04' 3$> 20, dam; R=316.90' 7843 L=25.67' r. - a T=12.84AT 5 T; MA EAs- .-a ?\FP CN uRK< ,B t _Usilz CB=25.66 i C=E30 1 5'14" NLIC_ 1-1 N42'04'01"W 19.84' L S87'05'25"W 27.37' —z N53'51'57"E 37.73' L 4 N36'08'03"W 18.29' L5 $59'36'51 "W 14.71' Xi IRIT E3 PORTfON OF CROOKED LANE RIGHT-OF-WAY ABANDONMENT SCUITHLAKE, TLEXAS SHEET 1 OF 1 t a (mW t-!C«t'l /T KG " yC,IM 6T i4S' SW,F'I;c CN'T uAL' LA , TX. i`NLC1 ?. 29' 9i l: ,OSiST. i:;:JL,N, 76t�1;3i3 c ' unuTY COMPANY AFPROVALS p, 1 1 two, o!a} tts); 13 duly ttuNWim toww twvn of IM froip"We U911 r oompenwp, 660A 10 the AbdrdoMont _ �F &mr&jT as dasoMtmd on ortamly dwft" W: T O OOKCD LANE Li' CMDINO'5OUTK FROM'ML IAtTW$R=ON OF F 0 Um okxE vv '7Mt F-W 1709 (SOUTHLAKJI OOW.FV/llto) -ro THE IN-rV"e toN OIL 300TM NOLVt ORIVE (eWbtt A sttschsd), LOCATED IN THI It CITY Cowry, Ttq , . , p qn , TXU . GSM r on"t" Nomr. T-7m+t.u4 &J li+ Trow lr, ��N P �t► ... •'.:.._,.__r_ ate.• 7-�-o r �' • •'. �• 1 Cl snor 9ormnunloY)ulo" 1 PHntod Nsmo: N1un Tide. pads: !4P L'; OWE J VERIZOPA : H Dow - I '�� x�l+�n1 "�flM!,}�Mq•IY�YItF�II�NtI -'r�•• •��,.--raw!Tire..wrmrt; (r3(�" u71, iTY COMPANY ,APPROVAL S .. » y 8ua"++crizQd enta csP!e tfv3i< a1 the - he raePct;ve titiiity cemPsr?,�b+ �A"- yy ra EAi r, �s daecrfbsci cn '�eEeby axoresi< no ooleVior o the trig aKsched exhibits, ger=arsifY deu0bed Qe: LANE EX7ch1CING SOVrH FROM' *"= '�� `�SECT10 OF rir .k^ {c✓ , C, raiE IN''r-il3EGitO1J OF MAY PORTION � G n THLAXE 8Jt1."r tAR nip! THS C1, Y TH N,,, �$ l �vU g a ,-^ads LU . ;;rtC'��KEC v�6VG v'yi7l'i 5, U'i`1 t'1 � N GF SGuTi"t . CE, ARRAN CMj . ,TEXAS i U—Cvuclectrir. ' TXU J!iectric/Ger. p6nted Nerve: ,._..�. GTt" t VERIZGt3 signed:....-- Printeri ''W t:: SOUT4. WESTERN 9 ELL Charter Communications j t ti Printed Nwre. THE CADDY COMPANY TEL:817-488-7205 Jul 12,01 8:04 No.001 P.02 UTILITY•; CQ Ii.ANY"APPROVALS I ; We, the undersigned, as duly authorized napresentatives of the respective• utility companies• hereby express no objection to the abandonment as described on the attached -exhibits. generally described as: THAT. PORTION OF CROOKED LANE.EXTENDING SOUTH FROM THE INTERSECTION OF CROOKED LANE WITH F.M. 1709 (SOUTHLAKE BOULEVARD) TO THE 1 ERSECTION OF CROOKED>LANE"WITH SOUTH NOLEN DRIVE (Exhlbit'A attached), LOCATED IN THE CITY OF:SOU'*HLAKE, TARRANT COUNTY, TEXAS. ..:TXU ElocUle/Gas : Trl-County Electric: Signed. Signed: ,..:. Printed Name: Printed Name: Tltb: Title, - Data; Date: dTE 1 VERIZON : ' Charter Communlcstlow .. Signed: Signed: Printed Name: Printed Name: •Title:. Title: Dote: Date: SOUTHNItESTERN BELL 'signed: Printed r� \04 ,J 1= rrNam e Title: L(t• CJJC-R 5 �1_I • 5 �1 Date: I '711Zl 01 It►" t •� rr pi.r I'11VI9 1PIUI •`: JC.rtll I I I C 1,I4 :. J(1 Lull'), A. In L JI i. LT ➢L lv.'.'-':.: 1. IU ... "'• JIV:'J'.'JI V: UTILITY COMPANY APPROVALS h�IMp .4n�•+dYned sa eufy euthortsoe h ths. xPrMs no O 6"OnlltO Ihl abandonmrltMe Was of fll��to.ce�f utility wm04"t" d �xfii4lt6, y desenbed er: N'?" . a6 desoMbad on THAT PORTIONQ� CROOICEb LANE EXT CROOKEp LAmil rHI eNDINO SOVTIi FROM OF t D HE INTERSECTION 0 LAN 1NttH SOUTH NOLEN DRa0vLEVARD) TO THE INTE,"EC110)4 OF U HLAKE. TARRANT COUNTY, TE•YAg, «lblt A eft O*d). LOCATSO IN TH8 Clay rzv Erwtrrva.e : . ' 811ned; Trt.eot-ty Elaetde �� -- Printed Name: ?Isle; 27Ya: NAbE,t! /Vi�erw� cr (}atrucr aAT ; GTE / VePJZON I . PMnted.NWt�; Inge.. ��'N1Nril'$R►f'DCLL Tmo- 9bnw,t: _ • TItIs•, '-- Cnerb►r Cen+muntcatlons MOned: Prinled Nam*: Tltle: This: 3�JHd n�. 0896 TebL to 6L:I+T feazleelta, .. ... ,,.... ... .�.. r.,, ,,.�..,nuur a. a�,rr..r•i esr ee rcvo C—JtH1RrT "G" UTILITY COMPANY APPROVALS We, the undersigned, as duly authorized representatives yf the respective utility companies, hereby express no objection to the abandonment . OF 64SEM(5y r as described on the attached exhibit(s), generally described as: • THAT PORTION OF CROOKED LANE EXTENDING SOUTH FROM THE INTERSECTION OF CROOKED LANE WITH F.M. 1709 (SOUTHLAKE BOULEVARD) TO THE INTERSECTION OF CROOKED LANE WITH SOUTH NOLEN DRIVE (Exhibit A attached). LOCATED IN THE CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS. TXU - Electric : TXU - Gas Signed: Signed: Printed Name: Printed. Name: Title: Title: Date: Date: Tri-County Electric: Signed: Printed Name: Title: Date: SOUTHWESTERN BELL: Signed: Printed Name: Title: Date: Charter Communications Signed: Printed Name: Title: Date: GTE /VER i ;g2 Si ed: Printed Neme: � yA/� ��C�C� Title:CT/ Al M4!!V-4 BIZ Date-/O— D/—U I r. e.a QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OFTARRANT § For and in consideration of the sum of Ten Dollars and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor"), does hereby bargain, sell, release, vacate, abandon and forever quit claim unto: Par-3 Properties, L.L.C. and any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the property described on Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim or demand any right or title to the aforesaid property premises or appurtenances or any part thereof. EXECUTED this day of , 2001. CITY OF SOUTHLAKE, GRANTOR By: MAYOR STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 2001, by Notary Public in and for the State of Texas My commission expires: Type or Print Notary's Name Return to: City Secretary City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 Grantee: EXHIBIT "A" DESCRIPTION OF A PORTION OF CROOKED LANE RIGHT—OF—WAY TO BE ABANDONED BEING a tract of land in the City of Southlake, Texas, and being part of the THOMAS EASTER SURVEY, Abstract No. 474, Tarrant County, Texas, and embracing a portion of the tract of land described in the deed to Catherine A. Jurgensen recorded in Volume 6609, at Page 483 of the Deed Records of Tarrant County, Texas, and also embracing a portion of the tract of land described in the deed to John R. Demlow recorded in Volume 9275, at Page 1926 of the Deed Records of Tarrant County, Texas, and also embracing a portion of the tract of land described in the deed to Barbara Jo Gordon recorded in Volume 6843, at Page 1181 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows•. BEGINNING at a Texas Department of Transportation Monument found in the southwesterly right—of—way line of Farm to Market Highway No. 1709 (Commonly known as East Southlake Boulevard), said point being the northwest corner of Lot 5R2 of the Thomas Easter No. 474 Addition an addition to the City of Southlake according to -the plat thereof recorded in Cabinet A. at Slide 4900 of the Map Records of Tarrant County, Texas, and ciao being the most northerly comer of the aforementioned Jurgensen tract; THENCE, scush 00 degrees 20 minutes 40 seconds east with the east line of said Jurgensen tract, and the west 11r:2 of said Lot 5R2 of the Thomas Easter No. 474 Addition, a distance of 19.67 feet; THENCE, south 53 degrees 51 minutes 57 seconds west parallel with the northwest line of said Jurgensen tract, a distance of 464.37 feet to a 1/2 inch iron rod set with a plastic cap stamped 'JDJR' for the northwest corner of Lot 2, Block 5, of Cornerstone Business Park, on addition to the City of Southlake according to the plat thereof recorded in Cabinet A, Slide 4010 of the Map Records of Tarrant County, Texas, said point being at the beginning of a curve concave to the southeast having a radius of 316.90 feet, c central Ingle of 4 degrees 38 minutes 29 secondsand a chord that bean south 50 degrees 15 minutes 14 seconds west, a disionce of 25.66 feet; THENCE, with the arc of said curve and the southeasterly right—of—way line of Crooked Lane as shown on the last mentioned plot of Cornamtone Business Park, a distance of 25.67 feet to a 1/2 inch iron rod set with a plastic cap stamped "JDJR'; THENCE, north 42 degrees 04 minutes 1 second west radial to the last mentioned curve, a distance of 19.84 feet to a point in the south line of the aforementioned Jurgensen tract; THENCE, south 87 degrees 05 minutes 25 seconds west with the south line of said Jurgensen tract, a distance of 27.37 feet to a P.K. nail set in Crooked Lane for the west corner of said Jurgensen tract; THENCE, north 53 degrees 51 minutes 57 seconds east with the northwest line of said Jurgensen tract, a distance of 37.23 feet; THENCE, north 36 decrees 08 minutes 03 seconds west perpendicular to the northwest line of said Jurgensen tract, a distance of 18.29 feet to a point in the south line of the aforementioned tract to Barbara Jo Gordon, said point bears south 89 degrees 36 minutes 51 seconds west a distance of 23.55 feet from a % inch iron rod found for the most easterly southeast corner of acid tract; THENCE, south 89 degrees 36 minutes 51 seconds west with the south line of said Barbara Jo Gordon's tract, a distance of 14.71 feet to a point that bears north 89 degrees 36 minutes 51 seconds east, a distance of 318.04 feet from a one inch iron pipe found for the southwest comer of said tract; THENCE, north 53 degrees 51 minutes 57 seconds east, parallel with the northwest line of the aforementioned Jurgensen tract, a distance of 466.02 feet to a point in the southerly right—of—way line of the aforementioned Farm to Market Highway No. 1709, said point being the beginning of a non —tangent curve concave to the northeast having a radius of 1,974.86 feet, a central angle of 1 degree 38 minutes 04 seconds and a chord that bears south 74 degrees 42 minutes 26 seconds east, a distance of 56.33 feet; THENCE, in i southeasterly direction with the arc of acid curve and with the southerly;right—of—way line of said Farm to Market Highway No. 1709, a distance of 56.33 feet to the POINT OF BEGINNING. Containing a computed area of 29,177 square feet or 0.6698 acres of lend. EXHIBIT A POR -ION OF CROOKED LANE RIGHT-OF-WAY ABANDONMENT SOUTHLAKE, TEXAS SHEET 1 OF 1 Y z r, TlC" Cr j ROOKED _ANE R.C.''M! C EE AZANDCNED Op ` �J ,/ R=1914.80"' 7p9� VC V�, L=56.33 =28.1" p N C = S 7 ='42'26 ARA N D =0 4' 3 8' 2 9 �C R=316.9C' v i _1 Nor. J,4'01"W 19.84' L_ Sa7'C5'_. 'N 27.37' L,Z NtE,3 1'57"E 37,22 L4 I36'C8`0 ''N 18.29 L::Nuii'i4�''� `J. lid..} �4i.:L T r'i'i T tNGI =,l S.;. LANO F,LA Etiv CAD, "ES!�,�v PO ' 1CIN OF ''RCCK-D)SOU Cyr-- C d Cityof So thl u ake Department of Planning STAFF REPORT December 14, 2001 CASE NO: ZA01-119 PROJECT: Proposed Block 23, Southlake Town Square, Phase 3 REQUEST: On behalf of Carol Jean Peterka, Cooper & Stebbins is requesting approval for a revised site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider revised site plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA01-119 BACKGROUND INFORMATION OWNER: Carol Jean Peterka APPLICANT: Cooper & Stebbins PURPOSE: Receive a building permit for construction of a retail restaurant site. PROPERTY SITUATION: The property is located on the north side of East Southlake Boulevard (FM 1709) approximately 900' west of Village Center Drive. LEGAL DESCRIPTION: Portion of tract 2A in the Richard Eads Survey Abstract No. 481 LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD" Non -Residential Planned Unit Development TRANSPORTATION ASSESSMENT: The property fronts on the north side of Southlake Boulevard (FM 1709) which is an existing 5 lane undivided State Farm to Market Road with approximately 130' of R.O.W. The site does not have direct access onto Southlake Boulevard. Access into the property will be provided from a new street to be dedicated on the west (Summit Street, 2-lane 67' R.O.W.) and a common access easement driveway located on the west that also provides access to the Village Center retail development. May, 2001 traffic counts on F.M. 1709 (between Kimball and Carroll 24hr West Bound (WB) (22,928 East Bound (EB) (22,405 WB Peak A.M. (1,297) 11 - 12 a.m. Peak P.M. (2,117) 5 - 6 p.m. EB Peak A.M. 2,076 7 - 8 a.m. Peak P.M. 1,436 12-1 .m. Traffic Impact Use Sq. Ft. Vtpd AM- AM- PM- PM - IN OUT IN OUT Specialty Retail 49,300 2005 152 164 139 105 Center 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 applicant is showing the trail on the site plan. An on -street bikeway has been planned along Byron Nelson Pkwy. Case No. Attachment A ZA01-119 Page 1 WATER AND SEWER: A 10" sanitary sewer line runs along the south side of E. Southlake Blvd adjacent to the property. A 12" water line also runs along the south side or E. Southlake Blvd. ESTIMATED IMPACT FEES: P&Z ACTION: STAFF COMMENTS: Water $29,738 assumes 5 - 2" simple meter Wastewater $18,532 assumes 5 - 2" simple meter Roadway $38,625 assumes shopping center land use December 6, 2001; Approved (6-0) subject to Revised Site Plan Review Summary No. 1, dated December 6, 2001, granting requested variances. Attached is Revised Site Plan Review Summary No. 1 dated December 14, 2001. The following variances are requested: • Building articulation. • Allow use of synthetic masonry product in excess of 80% on facades not facing a public street. • Relief from required bufferyards along interior lot lines. • Deferral of required bufferyard along the north boundary until construction on Block 22. • Allow bufferyard plantings similar to Phase I • Driveway stacking depth. • Pitched roof requirement for building footprints 6000 sf or less. Case No. Attachment A ZA01-119 Page 2 �W Vicinity Map Southlake Town Square Blocks 22 & 23 1000 0 1000 2000 3000 Feet S Case No. Attachment B ZA01-119 Page 1 tz 77�- t3 ---- ------ AW Case No. Attachment C ZA01-119 Page 2 W" Case No. Attachment C ZA01-119 Page 3 Case No. Attachment C ZA01-119 Page 4 Case No. Attachment C ZA0I-119 Page 5 Case No. ZAOI-119 Attachment C Page 6 SITE PLAN REVIEW SUMMARY Case No.: ZA 01-119 Revised Review No: One Date of Review: 12/14/01 Project Name: Revised Site Plan — Block 23, Southlake Town Square Phase 3 Stage 1 Richard Eads Survey, Abstract No. 481 APPLICANT: Cooper & Stebbins. L.P. 1256 Main Street, Suite 240 Southlake, TX. 76092 Phone: (817) 329-8400 Fax: (817) 251-8717 Attn: Jeff Jones ENGINEER: Graham Associates. Inc. 616 Six Flats Drive, Suite 400 Arlington, Texas Phone: (817) 640-8535 Fax: (817) 251-8717 Attn: David Smith CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON l 1/19/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-2073. General Development Standards Applies Comments Corridor Overlay Regulations Y No Comments Residential Adjacency N No residential properties are within 400' of this phase Building Articulation Y See Comment No. 1 a Masonry Standards Y See Comment No. lb Impervious Coverage N Not applicable Bufferyards Y See Comment No. 2 Interior Landscape Y Landscape Plan is subject to City Council Approval Driveways Y See Comment No. 3 1. The following changes are need with regard to building elevation plans: a. The following buildings do not comply with articulation requirements but appear to be in character with previously approved buildings in the development: 1) The north and south facades of Building 23A (Blue Mesa Grill) do not comply with horizontal articulation requirements. (Variance Requested) 2) The north and south facades of Building 23C (Retail Bldg.) do not comply with horizontal or vertical requirements. (Variance Requested) Case No. Attachment D ZA01-119 Page 1 b. Label the exterior building materials. No building fagade can exceed 80% (exclusive of doors &windows) synthetic masonry material (i.e. EIFS, Hardy Plank). (Variance Requested for facades not facing a public street) 2. Show and label the location, type and size of all bufferyards on the plans. The following additional changes are needed regarding bufferyards: a. A 5' type `A' bufferyard is required along the north boundary of the site and along each side of the interior lot lines. (Variance requested for interior lot lines and deferral of the north bufferyard until construction on block 22) b. Correct the landscape plan to show the plant materials for the 20' type `O' and 5' type 'A' bufferyards along the south and east boundaries, respectively, and as shown in the chart. (Variance Requested, applicant proposes bufferyard plantings similar to Phase I.) A minimum of 100' of stacking depth is required for driveways. There is no stacking depth for the driveway intersecting Summit Avenue. (Variance requested) 4. Buildings with footprints less than 6000 sq. ft. require a pitched roof. Building 23B (Pei Wei) does not comply. (Variance requested) Informational Comments * All lighting must comply with the Lighting Ordinance. A letter of permission and a Common Access Easement from the owner of the 20' strip of land along the east is required prior to construction of the driveways crossing this area. A letter of permission from the adjacent property owner(s) on the east must be obtained prior to issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * All fire lanes and fire protection must comply with fire department requirements. * A Revised Site Plan for building elevation approval will be required prior to issuance of a building permit for buildings 23D & 23E. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Case No. Attachment D ZA01-119 Page 2 * A developer's agreement is required prior to any construction permits for public infrastructure. * The applicant should be aware that prior to issuance of a buildingpermit final plat must be P a processed and filed in the County Plat Records, a fully corrected 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. As revised site plan approval will be required for buildings shown that do not have elevations submitted for approval. NACommunity Development\WP-FILES\REV\2001\01-119SP1.doc Case No. Attachment D ZA01-119 Page 3 0 Case No. ZA01-119 Surrounding Property Owners Southlake Town Square Blocks 22 & 23 Owner Zoning Land Use 1. PKB Enterprises 1. NR-PUD 1. Mixed Use 2. HD Development 2. C3 2. Retail Commercial 3. First Security Bank 3. C3 3. Retail Commercial 4. 98 Hm Southlake 4. C3 4. Retail Commercial 5. G. Miron 5. C2 5. Office Commercial 6. Z&E Land Llc 6. C2 6. Office Commercial 7. P. Bruton 7. C2 8. Office Commercial 8. E. Taylor 8. 01 8. Office Commercial 9. Tx. Health Resource 9. SP2 9. Office Commercial 10. C. Peterka 10. NR- 10. Mixed Use PUD 11. PKB Enterprises 11. NR- 11. Mixed Use PUD UTHLAKE BLVD Acreage 1. 43.0 2. 11.5 3. 4.68 4. 2.27 5. 0.51 6. 1.03 7. 1.00 8. 1.52 9. 12.6 10. 4.70 11. 4.65 Attachment E Page 1 Surrounding Property Owner Responses Southlake Town Square Blocks 22 & 23 Notices Sent: Eleven (11) Responses: None Case No. Attachment F ZA01-119 Page 1 0 City of Southlake DeDartment of PlanninLy STAFF REPORT December 14, 2001 CASE NO: ZA01-120 PROJECT: Proposed Block 22 and 23, Southlake Town Square REQUEST: On behalf of Carol Jean Peterka, Cooper & Stebbins is requesting approval of a revised preliminary plat. ACTION NEEDED: Consider revised preliminary plat approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA01-120 W OWNER: APPLICANT: PURPOSE: PROPERTY SITUATION BACKGROUND INFORMATION Carol Jean Peterka Cooper & Stebbins To further subdivide the previously approved block. The property is located on the north side of East Southlake Boulevard (FM 1709) approximately 900' west of Village Center Drive. LEGAL DESCRIPTION: Portion of Tract 2A in the Richard Eads Survey Abstract No. 481. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD" Non -Residential Planned Unit Development P&Z ACTION: December 6, 2001; Approved (6-0) subject to Plat Review Summary No. 1, dated November 30, 2001. STAFF COMMENTS: Attached is Plat Review Summary No. 1 dated November 30, 2001. Case No. Attachment A ZA01-120 Page 1 Vicinity Map Southlake Town Square Blocks 22 & 23 1000 0 1000 2000 3000 Feet a E S Case No. Attachment B ZA01-120 Page 1 "IMF 25 113 3ni fit n ij; " !Q, j . 02 � 1 INA 10i I 9-- loan st T. IT t .0 Eli 345H. all Al Gar soil two Ity —4c 'd(l NOWE wvl 15 ;AY, too !2, . . . ......... . . A vent (c Page 1 PLAT REVIEW SUMMARY Case No: ZA 01-120 Review No: One Date of Review:11/30/01 Project Name: Revised Preliminary Plat - Blocks 22 & 23, Southlake Town Square, being 128.9 acres out of the Richard Eads Survey, Abstract No 481 APPLICANT: Cooper & Stebbins, L.P. 1256 Main Street, Suite 240 Phone: (817) 329-8400 Fax: (817) 251-8717 Attn: Jeff Jones YiI � X� Graham Associates; Inc. 616 Six Flags Drive, Suite 400 Phone: (817) 640-8535 Fax: (817) 251-8717 Attn: David Smith CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/19/01 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 ORNEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-2073. Provide a minimum 10' pedestrian access easement for portions of the trail that are located within this property boundary. 2. Provide recording for Common Access Easement across the Diamond Shamrock property. 3. Provide easements for water, sewer, drainage and/or franchise utilities as required in conjunction with construction plan approval. It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the Avigation Easement and Release shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. 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. Final Plat must be approved prior to approval of the Developer Agreement. Denotes Informational Comment Case No. Attachment D ZA01-120 Page 1 Surrounding Property Owners Southlake Town Square Blocks 22 & 23 N, 1709 EA515UUtrl ow= 9 8 7 6 1 tl, � Owner Zoning Land Use Acreage 1. PKB Enterprises 1. NR-PUD 1. Mixed Use 1. 43.0 2. C. Peterka 2. C3 2. Retail Commercial 2. 2.06 3. HD Development 3. C3 3. Retail Commercial 3. 11.5 4. First Security Bank 4. C3 4. Retail Commercial 4. 4.68 5. 98 HM Southlake 5. C3 5. Retail Commercial 5. 2.27 6. G. Miron 6. C2 6. Office Commercial 6. 0.51 7. Z&E Land 7. C2 8. Office Commercial 7. 1.03 8. P. Bruton 8. SP2 8. Office Commercial 8. 1.00 9. E. Taylor 9. Ol 9. Office Commercial 9. 1.52 10. TX. Health Resource 10. SP2 10. Office Commercial 10. 12.6 11. C. Peterka 11. NR-PUD 11. Mixed Use 11. 5.64 12. PKB Enterprises 12. NR-PUD 12. Mixed Use 12. 9.90 Case No. Attachment E ZA01-120 Page 1 Surrounding Property Owner Responses Southlake Town Square Blocks 22 & 23 Notices Sent: Eleven (11) Responses: None Case No. Attachment F ZA01-120 Page 1 CASE NO: City of Southlake Department of Planning ZA01-106 STAFF REPORT December 14, 2001 PROJECT: GWWC Investments REQUEST: GWWC Investments is requesting approval of a rezoning and a site plan for "S-P-l" Detailed Site Plan District with "I-1" uses to include automobile service and oil and lube shop. ACTION NEEDED: Consider approval of first reading for a rezoning with site plan request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Proposed Uses and Development Regulations (E) Site Plan Review Summary (F) Developer Comments (G Surrounding Property Owner Map (H) Surrounding Property Owner's Responses (I) Ordinance No. 480-385 (J) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-106 A A BACKGROUND INFORMATION OWNER/APPLICANT: GWWC Investments PURPOSE: The purpose of this request is to receive appropriate zoning and site plan for construction of an oil, lube, and service shop. PROPERTY SITUATION: This property is located at 955 Davis Boulevard in the North Davis Business Park. HISTORY: -February 4, 1986, Final Plat for the industrial park was approved while in the City's extraterritorial jurisdiction. -March 18, 1986, City Council passed and approved Ordinance No. 324 annexing North Davis Business Park into the City of Southlake. -"I-I" zoning was placed on the property with the adoption of Ordinance No. 480 in 1989. LEGAL DESCRIPTION: Lot 1, Block C, North Davis Business Park LAND USE CATEGORY: Industrial CURRENT ZONING: "I -I" Light Industrial District REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "I - I" Light Industrial District uses to include Automobile Service and Oil and Lube shop. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Davis Boulevard to have 130' of right-of-way. Adequate right-of-way exists for this road. Existing Area Road Network and Conditions The proposed site will have one (1) access directly onto Davis Boulevard (FM 1938) and one (1) access onto Greenbriar Drive. The access on Greenbriar Dr will be a common access with the property to the east. There will be another access from the property to the south. Davis Blvd (FM 1938) is a five lane, undivided thoroughfare with a continuous, two-way, center left turn lane. The roadway has sufficient right- of-way to be seven lane roadway. Greenbriar Drive is a local street with 56' of right-of-way that serves the North Davis Business Park. Case No. Attachment A ZA01-106 Page 1 R May, 2001 traffic counts on FM 1938 (between Continental Blvd and FM 1709): Table #1 24hr North Bound NB 12,158 Southbound (SB) (11,240 NB Peak A.M. 1,175 7 — 8 a.m. Peak P.M. 859 5 — 6 p.m. SB Peak A.M. 808 7 — 8 a.m. Peak P.M. 1,035 4 — 5 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT Oil & Lube Shop 2,508 120 6 6 8 6 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on Davis Boulevard. Davis Boulevard carried approximately 23,398 vehicles with the peak A.M. traffic times occurring between 7 & 8 a.m. and the peak P.M. traffic times between 4 & 6 p.m. This site will generate 12 vehicle trips during the A.M. rush hour and 14 vehicle trips during the P.M. rush hour. WATER & SEWER: There is a 12-inch water line along the east side of Davis Boulevard and an 8-inch water line along Greenbriar Drive. There is an 8-inch sewer line along the east side of Davis Boulevard. The site will connect into the existing services. ESTIMATED IMPACT FEES: Table #3 Water $5,947.65 assumes 1 — 2" simple meter Wastewater $3,706.37 assumes 1 — 2" simple meter Roadway $2,965.14 assumes Oil/Lube shop with 3 stations P&Z ACTION: December 6, 2001; Approved (5-1) subject to Site Plan Review Summary No. 2, dated November 30, 2001, specifically approving development regulations as proposed and specifically denying driveway variance requests; Recommending the granting of a variance for a joint use drive at the common property line between this facility and Mirage Car Wash, abandoning the existing driveway and waiving the required bufferyard on the southwest corner of the property where the joint use drive would be, if agreed to by Mirage Car Wash; If agreement is not met, allowing joint drive on south end as shown. Case No. ZA01-106 Attachment A Page 2 STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated November 30, 2001. The following variances are requested: Driveway spacing from an intersection. The drive on Davis Blvd needs to be 500 feet from Greenbriar Drive. The applicant is providing 159.30 feet. • Spacing between driveways. The minimum spacing between commercial drives along FM 1938 is 500 feet for full -access drives. The applicant has provided 151.07 feet. The proposed uses and regulations are shown in Attachment D. Case No. Attachment A ZA01-106 Page 3 Vicinity Map North Davis Business Park 1000 0 1000 2000 3000 Feet RE E 60 Case No. Attachment B ZA01-106 Page 1 �I�ry �9 OD viv -&F-6 P-D plm-(G i l e a ,y e Case No. ZA01-106 Xl"00 1NVMNVI '371VIH1nOSOil 09 7C1 1 ' )lava SS3WSn8 SInVO HINON O )OOIS 1 L01 ail 1 rii Il IIYI WDO NV11 315 '3JMH1n05 i ry Y Z6 L 'DAIS SIAVO 556 r S1N3WIMANI OMMO Q MOd O3bVcGSd E.� II 39 � a II 1, 6[ YI a� j5@R E � y n i iiY y! 2 �77 Attachment C Page 1 xl^°D 3DYd 'L6LX e IOA Iq�j 1 ,�qq N 4 f )IbVd SS3M5(19 SlAVO Hl`JON �! p= !1 3! ►Iri �� Jig vy D )Dole 1 101 nOi NVId 31a Z609Z Xl '3XVIHInOS 'oAIS SIAVO 556 S1N3WIBAM'MM° SO3 03avd3bd 0 Case No. Attachment C ZA01-106 Page 2 99 IN loanwv n:1 My -INS p"h pu"G 1NVNNVI '3JIV'4i1f1O5 �ti 1.1� 00 3OVd'L61-88£ IOA ��j --- Y 3a F CV )INVd S53WSf18 SIAVO HISON j ?• �� ;� ll�j 1!1 i1� )0018 1 1O1 11 XM NVId 3L5 al I �11 LJ� �l�l f !� g jl._.. Z609L Xl '3XV'1HIIIOS 'DAIS SIAVO SS6 SiMVg153ArA 7MM'O NOd 03NVd3Nd w O cI WQ ON 0 N e c> 0o t Case No. Attachment C ZA01-106 Page 3 VALVOLINE EXPRESS CAR CARE - USE and DEVELOPMENT REGULATIONS for S-P-I ZONING PERMITTED USES This site shall permit all 1-1 Light Industrial District uses according to Zoning Ordinance No. 480, Section 26 and the following additional uses: 1. The conduct of the business typically conducted by the by the " while you wait" or "Ten Minute Oil Change" type of facility. Including: 2. All preventive maintenance functions on automobiles and light trucks. I Automobile Inspections 4. Minor automobile repairs 5. Application of automobile trim or accessories 6. Automobile detailing DEVELOPMENT REGULATIONS This property shall be subject to the development regulations of the I-1 Light Industrial District, Section 26 of Zoning Ordnance No. 480, as amended, with the following exceptions: 1. Pitched roof for buildings fewer than 6,000 square feet will not be required. ?. A 10 foot Type A bufferyard will be required along the south section of the east side of the property (adjacent to the existing carwash turf area). * A great deal of consideration has been exercised to design a structure that is in harmony and conformity with the design of the Mirage Car Wash which is on the adjacent property, and is a similar type of business. Case No. Attachment D ZA01-106 Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA01-106 Review No.: Two Date of Review: 11/30/01 Project Name: Site Plan — Valvoline Express Car Care (Lot 1, Block C, N. Davis Business Park) APPLICANT: GWWC Investments Mike Curtis 955 Davis Blvd ARCHITECT: Dorland Carol Shelton Arch. 4200 S. Hulen St., Suite 603 Southlake, TX 76092 Fort Worth, TX 76109 Phone: (817) 329-0223 Phone: (817) 737-5774 Fax: (817) 431-5499 Fax: (817) 737-8870 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/19/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE 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. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comments No. 1 Residential Adjacency N Building Articulation Y Complies Masonry Standards Y See Comments No. 3 Impervious Coverage Y See Comments No. 4 Bufferyards Y See Comments No. 1 Interior Landscape Y Complies Driveways Y See Comments No. 2 Lighting Y Complies DEVELOPMENT REGULATIONS 1. The following items from the "S-P-1" development regulations modeled after the "I-1" designation differ from the Zoning Ordinance and the Subdivision Ordinance: a. Pitched roof — The Corridor Overlay (Section 43.9.c.1.b) in the Zoning Ordinance requires all structures having a 6,000 square feet or less footprint to be constructed with a pitched roof. The "S-P-l" regulations do not require a pitched roof for buildings smaller than 6,000 square feet. b. Bufferyard — The Bufferyard section (Section 42, Table 1) requires a 10'-Type "F-1" bufferyard for a property with "I-l" zoning adjacent to a property with "C-3" zoning. The "S-P-1" regulations require a 10'-Type "A" bufferyard. Case No. Attachment E ZA01-106 Page 1 GENERAL REGULATION COMMENTS 2. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide minimum distance to any intersection along the roadway. The drive on Davis Blvd needs to be 500 feet from Greenbriar Drive. The applicant is providing 159.30 feet. (A variance has been requested) b. Provide minimum driveway spacing along Davis Blvd. The minimum spacing for commercial drives along FM 1938 is 500 feet for full -access drives. The applicant has provided 151.07 feet. (A variance has been requested) 3. Label the type of exterior construction material on the building elevations. The use of synthetic products (stucco, EIFS, etc.) shall be limited to eighty percent (80%) of the building's exterior finishes, exclusive of all windows, doors, and glass construction materials. 4. Provide the calculations for area of open space, open space as a percentage, and impervious coverage in the Site Data Summary Chart. INFORMATIONAL COMMENTS * It appears that the proposed site does not exceed the maximum permitted impervious coverage area percentage of 80% for the "I- I" Zoning District. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a fully corrected 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. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Case No. Attachment E ZA01-106 Page 2 City of Southlake, Planning and Zoning Committee Southlake, Texas Ladies and Gentlemen: I am writing this letter on behalf of GWWC Investments to request a variance from current development regulations. This request specifically concerns Lot 1, Block C of the North Davis Business Park. The City staff has assigned this Site Plan the number ZA01-106. We are requesting a variance from the driveway ordinance as written. Interpretation of the driveway ordinance as written and when applied to this property, which was platted sometime before the existing driveway ordinance was written, makes any driveway access impossible. We feel certain the author(s) did not intend the regulation to deny commercial real estate owners access to their property, particularly a corer lot fronting Davis Blvd. Our driveway needs are reflected on the accompanying site plan. Sincerely, Michael T. Curtis G W WC Investments Case No. Attachment F ZA01-106 Page 1 Surrounding Property Owners North Davis Business Park MICR E R Owner Zoning Land Use Acreage 1. M. Hall 1. AG 1. Mixed Use 1. 1.03 2. M. Ryan 2. I1 2. Industrial 2. 1.28 3. R. Miller 3. 11 3. Industrial 3. 1.20 4. Slj Exchange Ltd 4. I1 4. Industrial 4. 1.14 5. J. Griffin 5. 11 5. Industrial 5. 1.18 6. S. Jordan 6. 11 6. Industrial 6. 1.19 7. J. Griffin 7. I1 7. Industrial 7. 1.21 8. J. Griffin S. I1 8. Industrial 8. 1.22 9. J. Griffin 9. I1 9. Industrial 9. 1.26 10. W. Davis 10. I1 10. Industrial 10. 1.08 11. C. Kidwill 11. SP1 11. Industrial 11. 0.79 12. Davis Industrial 12. SPI 12. Industrial 12. 0.78 13. Smp Holdig 13. 11 13. Industrial 13. 2.84 14. R. Van Horne 14. I1 14. Industrial 14. 0.88 15. R. Stoltz 15. I1 15. Industrial 15. 0.59 16. E. Hughes 16. 11 16. Industrial 16. 0.59 17. Mirage Car Wash 17. C3 17. Industrial 17. 2.00 18. M. Hall 18. 11 18. Industrial 18. 0.87 19. K. Harlan 19. AG 19. Office Commercial 19. 2.70 20. Segal Enterprises Inc 20. C3 20. Retail Commercial 20. 0.56 21. Northeast Baptist 21. AG 21. Mixed Use 21. 2.0 22. M. Stanfield 22. AG 22. Mixed Use 22. 3.02 23. M. Stanfield 23. I1 23. Mixed Use 23. 0.45 24. Prestige Gunite Inc. 24. AG 24. Mixed Use 24. 1.15 Case No. Attachment G ZA01-106 Page 1 Surrounding Property Owner Responses North Davis Business Park Notices Sent: Twenty (20) Responses: None tw Case No. Attachment H ZA 01-106 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-385 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 LOT 1, BLOCK C, NORTH DAVIS BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-197, PAGE 40, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.619 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-l" DISTRICT USES TO INCLUDE AUTOMOBILE SERVICE AND OIL AND LUBE SHOP, AS DEPICTED ON THE APPROVED SITE 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 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 Case No. Attachment I ZA01-106 Page 1 WHEREAS, the hereinafter described property is currently zoned as "I-1" Light Industrial 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 tw Case No. Attachment I ZA01-106 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 tractor 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 I ZA01-106 Page 3 Being Lot 1, Block C, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388- 197, Page 40, Plat Records, Tarrant County, Texas, and being approximately 0.619 acres, and more fully and completely described in Exhibit "A" from "I-l" Light Industrial District to "S-P-1" Detailed Site Plan District with "I-1" Light Industrial District uses to include automobile service and oil and lube shop as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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 Case No. Attachment I ZA01-106 Page 4 among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under Case No. Attachment I ZA01-106 Page 5 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 92001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment I ZA01-106 Page 6 PASSED AND APPROVED on the 2nd reading the MAYOR ATTEST: day of , 2001. CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment I ZA01-106 Page 7 EXHIBIT "A" Lot 1, Block C, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-197, Page 40, Plat Records, Tarrant County, Texas, and being approximately 0.619 acres. Case No. Attachment I ZA01-106 Page 8 n K!q KM nollpN �� - ;D:) vn —ems P+ D wgno a s, a F 3 - a- 3 Case No. ZA01-106 EXHIBIT "B" XL"OJ 1NVNNVl '3xyvllnOS Ob 37Vd 'L61-99C IOA YNVd m4sna SIAVO HlaON ; O X7O18 l 1O1 iq! NYU 31K ICI I ;IA Z609L XL '3JMHlnOS a 'OAIa SIAVO SS6 4 Y S1NMIOAM OMMO ` NOd O3NVd3Nd S I j II i l I v f, ¢ dj 4; v. jsy I I 9 g �e j ( I �I 7 q �jS� a EI�'7l: yla Attachment I Page 9 VALVOLINE EXPRESS CAR CARE USE and DEVELOPMENT REGULATIONS for S-P-I ZONING PERMITTED USES This site shall permit all 1-1 Light Industrial District uses according to Zoning Ordinance No. 480, Section 26 and the following additional uses: 1. The conduct of the business typically conducted by the by the " while you «wait" or "Ten Minute Oil Change" type of facility. Including: 2. All preventive maintenance functions on automobiles and light trucks. 3. Automobile Inspections 4. Minor automobile repairs 5. Application of automobile trim or accessories 6. Automobile detailing DEVELOPMENT REGULATIONS This property shall be subject to the development regulations of the I-1 Light Industrial District, Section 26 of Zoning Ordnance No. 480, as amended, with the following exceptions: 1. Pitched roof for buildings fewer than 6,000 square feet will not be required. * 2. A 10 foot Type A bufferyard will be required along the south section of the east side of the property (adjacent to the existing carwash turf area). * A great deal of consideration has been exercised to design a structure that is in harmony and conformity with the design of the Mirage Car Wash which is on the adjacent property, and is a similar type of business. Case No. Attachment I ZA01-106 Page 10 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment I ZA01-106 Page 11 City of Southlake Department of Planning STAFF REPORT December 14, 2001 CASE NO: ZA01-107 PROJECT: Lots 46R1 and 46R2, Block 4, Cross Timber Hills REQUEST: On behalf of Samuel Carder, Landes & Associates, Inc. is requesting approval of a plat revision. ACTION NEEDED: Consider plat revision approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) kw STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-107 01 IR BACKGROUND INFORMATION OWNER: Samuel Carder APPLICANT: Landes & Associates, Inc. PURPOSE: The purpose of this request is to subdivide a platted lot into 2 lots. PROPERTY SITUATION: This property is located at 1371 Lakeview Drive. LEGAL DESCRIPTION: Lot 46, Block 4, Cross Timber Hills LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF -IA" Single Family Residential District P&Z ACTION: December 6, 2001; Denied (2-4) failed; Approved (4-2) subject to Plat Review Summary No. 3, dated November 30, 2001. STAFF COMMENTS: Attached is Revised Plat Review No. 3, dated December 14, 2001 Case No. Attachment A ZA01-107 Page 1 Vicinity Map Cross Timber Hills 1000 0 1000 2000 3000 Feet N E S Case No. Attachment B ZA01-107 Page 1 i cx.ji• � ea i ci 7 s A Ix] 3oa ��'� .,fie•+ �' ° �� ; v c ,3� �� F i�it' ? le Ot Yj '� a eni P3 ka3i gja�1: i�x3g3 3 C: 1 31 1�i 1 Li?5 if 57'•99g o'J �•?a� e• �a3^i tuo~ env+y a r •4 L'E", •� I 1 i N S ----- 1e` s t ;x, d 2 ✓ r• i n l � G r N ' z� Case No. ZA01-107 � sY� U i Wmd y� i A Attachment C Page 1 PLAT REVIEW SUMMARY Case No.: ZA01-107 Revised Review No.: Three Date of Review: 12/14/01 Project Name: Plat Revision — Lots 46R-1 and 46R-2, Cross Timber Hills, Phase III OWNER: Samuel Carder 1371 Lakeview Drive Southlake, TX 76092 Phone: (817) 329-8934 Fax: SURVEYOR: Landes & Associates, Inc. Steven Hughes 1107 E. First St. Fort Worth, TX 76102 Phone: (817) 870-1220 Fax: (817) 870-1292 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/19/01 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. Clarify or remove the two dimensional labels on the north property line, (5.55') and (S 89-51-28 E, 16.02') 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 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 ZA01-107 Page 1 C A Case No. ZA01-107 Surrounding Property Owners Cross Timber Hills Block 4, Lots 46R1 & 46R2 Owner Zoning Land Use 1. R. Pierce 1. SF -IA 1. Low Density Residential 2. D. Bergman 2. SF-1A 2. Low Density Residential 3. G. Beene 3. SF-1A 3. Low Density Residential 4. D. Baltimore 4. SF-1A 4. Low Density Residential 5. D. Rauschuber 5. SF-1A 5. Low Density Residential 6. C. Johnson 6. SF-1A 6. Low Density Residential 7. C. Bruner 7. SF -IA 8. Low Density Residential 8. W. Thomas 8. SF-1A 8. Low Density Residential 9. W. Timms 9. SF-1A 9. Low Density Residential 10. M. Bedford 10. SF -IA 10. Low Density Residential 11. R. Catlin 11. SF-1A 11. Low Density Residential Acreage 1. 2.26 2. 1.14 3. 1.05 4. 1.02 5. 1.01 6. 1.01 7. 1.21 8. 1.33 9. 1.41 10. 1.33 11. 1.19 Attachment E Page 1 I Surrounding Property Owner Responses Cross Timber Hills Block 4, Lots 46R-1 & 46R-2 Notices Sent: Eleven (11) Responses: One (1) within the 200' notification area • Kathryn Thomas, 1374 Lakeview Drive, Southlake, TX is opposed, "It will be detrimental to the aesthetics of the neighborhood. It may further exacerbate drainage problems. One (1) outside the 200' notification area • Cora Lee Brannon, 1365 Lakeview Drive, Southlake, TX is opposed, see attached email. (Received December 7, 2001) Case No. Attachment F ZA01-107 Page 1 To: PLANKING AND ZON7MG COMMISSION City V Southlake, TX From: Cora Lee Bra�noT 1365 Lakeview Dr. (Cross Timber Hills) Sowthlake, T.K (817) 486-8793 RE: Reference No.: ZAOI-A-i I am concerned about the application to subdivide losts 46RI and 46R2 -- Mr. and Mrs. Samuen ?,~alder's lot in Cross Timber Hijls. Eiggins Branch Creek almost divides the Cardor's lot. it appears to be an insignificant creek, bur it drains much of the wes7ern side of Cross Timber _ills ant Ran of Mill south to part of Meyers Meadow. When there is a significant rainfal: of say 3" in a couple of hours, Higgins Branch Creek turns into a "little Niagara River.'' in 1989 when Souzhlake received about 10" of rain in an 8-10 hr period, Higgins Branch flooded well into the 130 year flood plain area. The 6-8ft. wide creek soretched abow 100 ft across well into our backyard matching or emcceding the mark on our plat: of the QC year floodplain. The wi-ath of the Snake Laku almost doubled. Hanes in Post Oaks TraA that backed up to tV. creek flocned. The ciny should be very concerned about the flood pctential an the property under debate due to the c2oseness to .he creek for a building sight on this property. Run off from Randol Mill will surely increase as the road is widened and less natural retention can occur, in spite any drainage improvements that are made. Drainage in CTH has.probably been changed due to the sewer construction and the effect of these changes have not been tested yet due to little rainfall since spring. Changes that have occurred, reconfiguration of Higgins Branch, raisinthe level of Mr. Carder's lot with excess dirt from construction, 1 less water retention in Snake Lake due to sedimentation, could impact property down stream in CTH as well as Post Oak Trails, What effect the changes will have on Mr. Carder's lot also is unknown. Please consider the flood potential seriously before allowing replatting of this lot. Case No. ZA 01-090 Thank you, Cora Lee Brannon brannon@dellepru.com Attachment F Page 2 City of Southlake, Texas MEMORANDUM December 14, 2001 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Resolution No. 01-072, Amending the Personnel Policies Handbook to Include Revisions of the Military Leave Policy Action Requested: Approval of Resolution No. 01-072, amending the employee handbook to include revision of the Military Leave Policy. Background Information: The City's current policy covering military leave must be updated to reflect changes in the Federal Law. Specifically the Uniformed Services Employment and Re-employment Rights Act (USERRA) 38 U.S.C. §§ 4301 through 4333 has made changes in this area of employment law. USERRA addresses changes in five (5) major areas on how a call to active duty in armed forces affects a person's employment. These areas cover an employee's pay, medical benefits, job availability, retirement, and application for re-employment. 1. Pay Employers are not required to pay employees during this absence. Employees are not required to use their accumulated leave balances. 2. Medical Benefits Employers must offer benefit availability as their most liberal leave policy would allow. 3. Job Availability Employers are not required to keep the job vacant. A similar or "like" job must be available up to five (5) years cumulative total leave with one employer. Navy nuclear program enlistees are eligible for six (6) years. Employers must also observe the "escalator principle" rule, i.e. the employee must be reinstated in a position (& salary) where they would have been, had they not been on active duty. 4. Retirement No issues with regard to vesting and retirement can be affected. 5. Application for Re -Employment Employees must have an honorary discharge and meet the deadlines for re-employment as set forth in USERRA. 9-A Resolution No. 010-072, Amending the Personnel Policies Handbook to Include Revisions of the Military Leave Policy December 14, 2001 Dage 2 The City's proposed policy reflects these changes. In addition, this policy offers eligible employees a Military Partial Pay (MPP). The MPP will be calculated as the difference between the employee's total monthly salary from the City at the time the employee was called to active duty and the employee's total monthly military salary during the first six months of active military duty. Financial Considerations: The cost associated with the payment of the military partial pay is related to the number employees eligible for this type of pay. Citywide, five (5) employees are eligible, two (2) are currently called to active duty, and one (1) employee would receive military partial pay. The total cost will be $10,263.54. Citizen Input/ Board Review: Not applicable Legal Review: The policy has been reviewed and approved by the attorneys. Alternatives: No Alternatives Supporting Documents: A copy of the proposed Military Leave Policy and Resolution 01-072. Staff Recommendation: Approval of revisions as submitted. 9-A RESOLUTION NO.01-072 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS, AMENDING THE PERSONNEL POLICIES TO INCLUDE REVISIONS TO THE MILITARY LEAVE POLICY WHEREAS, the City Manager shall be responsible to the Council for the proper administration of all affairs of the City including the preparation of personnel policies; and WHEREAS, according to the City of Southlake (the "City") Charter section 4.14(9) personnel rules are subject to the approval of Council; and WHEREAS, the City Manager recognizes the need to update, revise, or add policies to reflect changes in laws or City practice; and WHEREAS, the Military Leave Policy accomplishes the purposes described above in a manner that accommodates the legitimate interests of the City, now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,THAT: Section 1: The City of Southlake hereby amends the personnel policies to include revisions to the Military Leave Policy. Section 2: This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF , 2001. ATTEST: Sandra L. LeGrand, City Secretary Rick Stacy, Mayor 9-A City of Southlake Section: Rules and Regulations Effective Date: Approved Bv• Military Leave I. Military Training Leave A. Eligibility Personnel Policies Topic: Military Leave Policy Revision Date: A regular employee who is a member of the national guard or reserves of the United States armed forces shall, upon notification to the department head and submission of appropriate documentation, be granted leave for a period required to perform active duty for training. Temporary employees will be given authorized leave without pay for this purpose. B. Definition Active duty for training means to be engaged in short periods of authorized military training such as cruises, training schools, weekly or weekend drills, and other similar activities. C. Length of Leave In accordance with § 431.005, Texas Government Code, a regular employee engaged in authorized military training or duties will receive pay and accrue benefits as if the employee were on the job, for up to 15 work days (three calendar weeks) in any one year. D. Leave in excess of 15 days An employee eligible for military leave who is ordered or authorized to participate in training or other duty for more than 15 work days in one calendar year, will be placed on leave without pay for any time in excess of 15 work days. E. Notice to Department Head An employee shall give as much advance notice as possible to his supervisor regarding dates for military training leave. Annual or quarterly training schedules should be given to the department head as the schedules become available to the employee. Page 1 of 4 F. Rescheduled Work Days An employee who participates in weekend military training that occurs on a scheduled work day may reschedule a work day rather than have the absence charged to military leave, if the employee reschedules the work day within the same work week. II: Military Active Duty Leave. A. Active Duty 1. Eligibility A regular employee who leaves a position with the City for the purpose of entering any branch of the United States armed forces for extended active duty, shall be placed in military active duty status and granted a leave of absence. The employee should give the department head advance notice of the employee's intent and, for reemployment purposes, submit a copy of the orders for inclusion in the employee's personnel record. 2. Length of Active Duty In accordance with § 4312, Title 38, United States Code, an employee may serve a total of five (5) years on active duty in the armed forces, (six (6) years for Navy Nuclear Program) and still be eligible for reemployment. An employee's right to reemployment is not protected for periods of military active duty longer than five (5) years (six (6) years for Navy Nuclear Program). 3. Reemployment A full-time employee who returns from active duty in the armed forces of the United States is entitled to reemployment in the same position held upon entrance to active duty, or in a position of comparable status and pay, if the employee: a. is physically and mentally qualified to perform the duties of the position; b. was discharged, separated, or released from military active duty under honorable or general conditions; C. has not been on military active duty leave for more than five (5) years (six (6) years for Navy Nuclear Program); and d. makes a written application for reappointment after discharge, separation, or release from military active duty and presents evidence Page 2 of 4 of the discharge, separation, or release from military active duty, according to the following time lines defined by the Uniformed Services Employment and Re-employment Rights Act (USERRA) 38 U.S.C. §§ 4301 through 4333: (1) Less than 31 days Active Duty: The employee must report to work at the next regular scheduled work period after a reasonable time to return home safely and an 8-hour rest period. (2) Between 30 to 181 days Active Duty: The employee must submit a written application within 14 days of release of service. (3) More than 181 days Active Duty: The employee must submit a written application within 90 days of release of service. B. Credit for Military Service A regular employee with the city upon reemployment from military active duty, will be allowed full credit for time spent in the military service for the purpose of computing seniority, vacation and sick leave, and service longevity. III. Military Partial Pay and Benefits A regular employee called to active duty in a reserve component of the armed forces will be granted leave and employee benefits in the following manner. A. Military Partial Pay defined An employee will receive military partial pay for up to six (6) months beginning the first day on active military duty, only if the total monthly military salary is less than the total monthly city salary. If the total monthly military salary is greater than the employee's total monthly city salary, the employee may elect to use paid leave as described in section III. B of this policy. Otherwise, military partial pay will be calculated as the difference between the employee's total monthly salary from the City at the time the employee was called to active duty and the employee's total monthly military salary during the first six (6) months of active military duty. The employee must inform his/her supervisor of any changes in their military pay while receiving military partial pay with the City. Page 3 of 4 B. Use of other Paid Leave At the end of the six (6) month partial pay period, the employee may elect to use any accrued paid military training leave (defined in section I.), and/or accumulated vacation and compensatory time leave balances. If the employee elects to use these leave balances, the leave must be taken in amounts consistent with the employee's regular work schedule with the City. For example, if the employee was regularly scheduled to work forty (40) hours per week for the City, the leave must be used at a rate of forty (40) hours per week. C. Insurance Benefits The City will continue to pay its portion of the employee's insurance benefits paid prior to the employee beginning active military duty, with the employee continuing to be financially responsible for the employee's portion of the premium for the selected coverage. Payment of insurance benefits will continue in this manner during the six (6) month military partial pay period. If the employee elects to use other accumulated paid leave immediately after the six (6) month partial pay period expires, insurance benefits will continue until all available paid leave has been exhausted. Upon exhaustion of paid leave, the employee may then elect to continue health insurance coverage for a maximum of eighteen (18) months at a cost to the employee of not more than 102% of the full premium under the City's plan. D. Non -Accrual of Additional Leave Paid leave will not continue to accrue while an employee is on a military leave of absence. Page 4 of 4 City of Southlake, Texas MEMORANDUM December 11, 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 Panda Express located at 215 N. Kimball Avenue. Action Requested: City Council consideration of a variance to Sign Ordinance 704-A. Background Information: Panda Express is a retail business located at 215 N. Kimball Avenue. Panda Management, on behalf of Panda Express, is requesting a variance to install a sign 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 sign has a forty (40) inch panda bear logo surrounded by eight (8) inch letters and four (4) inch letters set in a circle. The store front is set back approximately twenty (20) feet from the access drive. The maximum letter/logo height for this distance is twelve (12) inches. The minimum letter/logo height for all attached signs is six (6) inches. The proposed eight (8) inch letters are within the allowable height. The proposed logo height is a three hundred thirty-three (333%) percent increase over allowable height. The proposed four (4) inch letters are a thirty- three (33%) percent decrease under allowable height. A.3. MAXIMUM AREA: The proposed increase in logo height necessitates rea increase over the allowable area specified per ordinance. The maximum area allowed is .75 square feet of area for every one foot of width of building or lease space. The building width is forty-six (46) feet. The allowable area for this width would be thirty-four and one half (34 1/2) square feet. The area of the proposed sign is thirty-eight and one half (38'/z) square feet; an eleven (11%) percent increase over allowable area. Staff Note: The undersized letters and oversized logo are designed to make the panda logo the focal point of the sign. By decreasing the size of the logo to twelve (12) inches and decreasing the letter height proportionally, the sign would lose proportionality to the building elevation and render the lettering illegible. 1 Billy Campbell December 11, 2001 Page 2 Financial Considerations: Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: RB/sv 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, Section 16.A.2.3. Photo Rendition Place the variance request on the December 18, 2001 City Council meeting for disposition. 2 The following sections have been excerpted from the Sign Ordinance No. 704-A �WSEC.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 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 12inches 18inches 24. inches 30 inches 36inches 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). MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet (see Appendix 'A' for further clarification). Sign Variance Presentation Business: Panda Express Address: 215 N. Kimball Ave. • Request: Seeking to increase allowable letter / logo height from 12 inches to 40 inches on the logo and to reduce some lettering from the 6 inch minimum height to 4 inches. The height increase necessitates an increase in the allowable sign area. • Issue Facts : The proposed sign has a 40 inch panda bear logo surrounded by 8 inch letters and 4 inch letters set in a circle. The store front is set back approximately 20 feet from the access drive. The allowable letter / logo height for this distance is 6 inches minimum and 12 inches maximum. The proposed 8 inch letters are within the allowable height. The proposed logo height is a 333% percent increase over allowable height. The proposed 4 inch letters are a 33% percent decrease under allowable height. The business has a 46 foot store front. Allowed area is 0.75 s.f. per foot of store front. 0.75 x 46 ft. = 34.5 s.f. allowed area. Proposed sign is 38.5 s.f. This is 4 s.f. over allowed area. ( 11 % increase ). 4 • Special Info.: The undersized letters and oversized logo are designed to make the panda logo is the focal point of the sign. By decreasing the size of the logo to 12 inches and decreasing the letter height proportionally, the sign would lose proportionality to the building elevation and render the lettering illegible. Ordinance Matrix: Maximum area: 0.75 s.f for every one foot of width of building or lease space not to exceed 400 square ft. Minimum Letter/ logo Height 6 inches Distance from R.O.W. Maximum Letter/Logo Height Less than 100 ft. 12 inches 101-15 0 ft. 18 inches 151-200 ft. 24 inches 201-250 ft. 30 inches 251-300 ft. 36 inches 301 and greater 42 inches 5 11/20/2001 15:46 9494583530 PROMOTIONAL SIGNS PAGE 02 i '1 F SOUTH ALE SIGN YARI CIE APPLICATION Panes M n ement Co.: 899 El Centro St. j mb I1 ,,L 1 709 Ltd. ADDRESS: Henovev, •Development Co. So 0 p. PHONE: ! FAX: 162� JL•_' °"-,°�.9,g9 8,-------�. 214 3 7 3-18 9 2 i;6 214 368-7985 T`he fol/owJng i�farnuirl�n pertaiw :o the J ! NAME OF BUSMESS OR OPERATIONtion for which the variance is requested STREET AD.DRpSS: 21 5..No Kimb 111 Ave. a Hwy 114 LEGAL DESCRIPTION: 1 hereby et"i ty that this application is cornplete asi summarized below. i &nher t'egvitanants of Siam �rdigaoce No. 7a as meeting who is audaorizW to m it is rytc"In to have a rep rive at the City Council is t. Applicant's signature; I Date: : Zp The following ehecUst is a of Wr the City of Soutma'ke' The appli summary y mmen6 for sign va,�tnCe amendments, and other ordinances naps, old fiuthor refer co the 9' i ftnc0te as re4 an d by ax�d codas a3tvailabin at � ty a U that ha ° m 04 to this sign variatiGe request. I ay patain Completed sign variance reque#t Pplieation. Completed demonstration of con itione applicable to the attached.) . t'tgttesteci variance (am Site Plan showing the location of the $ ign variance uwt � that conform to or ate axe t £rd any other signs indicate the building, laadscs ordinance. T site plan shall also street R. 0. W. I. Parking & approaches and adjoining Scalcd and dimensioned elevations of the sign$ for which the Variance is requested, For attached signs, the elevationa shall show the for which the variance u ue ' betildmg, the sign exempt from the s' , and any other signs that conform to or ara tgn ordiu>tnn�:e. , NAME: 11/28/2001 15:09 9494583530 PROMOTIONAL SIGNS PAGE 02 DEMONSTRATION Please demonstrate that the following conditions are applicable to the requested Sian variance: RE: PANDA EXPRESS — SOUTHLAKE 1. That a literal enforcement of the sign regulation will create an unnecessary hardship or practical difficulty on the applicant Panda's building has a sign area specifically designed for both primary and secondary building signage that architecturally incorporate the signs into the building structure. The signs in question consist of their our own registered trademark. The building and the signs represent the image of Panda. Currently the letters in use are only 8%" tall and surround the logo which is the main recognizable identity of the concept. The sign regulations allow letters on the primary sign to be 12" tall, but also limits the symbol / logo contained within the sign ("Bear') to 12 " in height as well. This configuration completely distorts the design by'reducing the corporate symbol to an unrecognizable spot on the sign, thus making it not conform to the trademark. In addition, if the secondary sign is reduced to 25% of the primary sign nothing on the sign will be legible from the ground at any reasonable distance. 2. That the situation causing the unnecessary hardship or practical difficulty Is unique to the affected property and is not sell imposed. The architectural design of Panda's building is the restaurant's trade dress, with entrance pavilions culminating at the top in a semicircular form into which the main signs fit. The overall width of the pavilions are determined by the entrance requirements of double doors, and the sign size is adjusted to its location. Without the circular sign in this pavilion, the trade dress design would lose it architectural integrity and look unacceptable. Again, the signs constitute part of the structure of the building which reflect the Integrity of the architecture and the project as a whole. 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. The variance request is compatible with our proposed use of a second sign because the public entrance is on the south side of the building away from the primary R.O.W. 4. That the variance will be In harmony with the spirit and purpose of the sign ordinance. The shape of the signs together with the size of letters and logo used are unique and compatible to the building and within the spirit of the City's Regulations to insure that all signage is consistent and visually appealing yet provides a functional environment to do business. Im 9 R 'XI J U P-i iz LL § + §Q - �s352�WLIJ � �� z r)ao w(j0c�CL t In aUg �gLLm0Em §U512 , $ k k ( k § c k ■ ■ 2 B V k e c : \ q 2 $ t b B } §k' cL / 4 7 i � 7 � 2 § 0 % E 5 § g E 8 § E 3 ƒ � � a z 0 F u § §q o$ §f 02 '°0OW ( % % s i ■p - k L/ 046, / b :G � £ . $ � r co f 1 1 tV i 1 ri 1 1 1 r 1 1 1 1 i 1 t I 1 i 1 1 1 i 1 1 1 i 1 1 t 1 1 1 ! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t f 1 1 1 1 1 O 1 1 1 1 1 1 1 t 1 yl f 1 46: 'A Panda Express 17602 Midway Road Dallas, Tx. 12 City of Southlake, Texas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Variance to Lighting Ordinance No. 693-B for sports field lighting at Carroll Intermediate School located at 1101 N. Carroll Avenue Action Requested: The City of Southlake is requesting approval of two variances to the Lighting Ordinance to install sports lighting on the existing athletic field at CIS. Background Information: • Existing field at CIS originally constructed for football use in the 1980s, including operational sports lighting • Use for lighted football practice, etc., ceased several years ago, and the outdated light fixtures were recently removed. • Field used informally by Southlake Lacrosse Association (SLA) and others • CISD, City of Southlake approached by SLA for possibility of upgrades to the field, including lighting • Funding for the lights was approved by SPDC at their 9/18/01 meeting • The Joint Utilization Committee recommended approval of Joint Use of the CIS field on 11/8/01. • SPDC approved the Interlocal Agreement for Joint Use of the CIS field on 11/26/01. • Staff conducted a SPIN meeting at 7:00 p.m. on 12/5/01 at Town Hall to discuss lighting issues with the neighbors. There were no residents from SPIN area #6 present to speak on the CIS lighting issues. • The Planning and Zoning Commission approved the variance request 6-0 at their 12/6/01 meeting. • Also attached is a letter submitted to the Building Department requesting a variance for proposed lights in two regards: (1) a variance to the total footcandles on the playing field. The ordinance states that 20 footcandles is the maximum on -site. Due to the nature of sports lighting and the industry (Illuminating Engineering Society of North America) standards for lacrosse (at least 30 footcandles recommended), the lighting consultant recommends a set of fixtures that will exceed 20 footcandles on the field, and therefore a variance is requested. (2) a variance to type of lighting. The ordinance requires a sodium pressure type of fixture and bulb. In order to achieve most -near natural light conditions for safety of play, the lighting consultant recommends a metal halide fixture and bulb, again, to conform with recognized practices for sports play. Also note the attached response letter from Paul Ward, the Building Official, stating the need for a variance to the Lighting Ordinance from City Council. It is important to note that the variances requested are not related to relief from any adjacency standards. In other words, no variances are requested nor are needed for spillover lighting intensities. The photometric calculations submitted to the Building Department demonstrate that the total light control system (TLC) being deployed reduces trespass lighting to less than moonlight intensities at less than 300 feet from the source fields. Financial Considerations: SPDC approved the cost for the proposed lighting system for FY 01-02 as part of the 5-year CIP approved earlier this year. A separate item regarding the award of bid for a lighting contract with Musco is on this Council agenda. Citizen Input/ Board Review: • Numerous public forums before Park Board, SPDC, and City Council by the Southlake Lacrosse Association requesting a lighted field for practice and play. • SPDC approval of lighting funding for FY 01-02 in the Capital Improvement Plan (CIP). • Council approval of SPDC CIP. • SPIN meeting 12/5/01 (no one present from SPIN #6 to speak) • P&Z recommended approval (6-0) at 12/6/01 meeting Legal Review: Not Applicable. Alternatives: Any action as deemed necessary by Council. Supporting Documents: • Vicinity map • Aerial view • Lighting plan • Letter from Kevin Hugman requesting lighting variance • Letter from Paul Ward acknowledging variance request from Council Staff Recommendation: Approval of the requested variances to the Lighting Ordinance. Vicinity Map 1000 0 1000 2000 Feet Aerial View 300 0 300 600 Feet O • Aso' END UNE ' 1 SCALE: 1" = 30'0" c I i I i� II N 2 W O. Jf I ! min* I 1 I END UNE CIA / IW — -- o a Ix NORTH CARROLL AVE. CARROLL INTERMEDIATE SCHOOL. m° m° S. un at. LACROSSE FIELD LIGHTING` '""�"'p'° Fix GW 25244 MEMORANDUM November 15, 2001 TO: Paul Ward, Building Official FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Variance requests for sports lighting at Bob Jones Park soccer fields In order to proceed with the installation of sports lighting on the Bob Jones Park southern soccer fields, as approved for funding earlier this year by the SPDC, staff will require variances to the currently adopted Lighting Ordinance relating specifically to industry standards for sports play and safety. Also, for the purposes of adequate opportunity for citizen input, staff is also requesting that the variance be presented in public hearings before the P&Z and Council, rather than simply to the Building Official. The variances requested are: 1. A variance to the total maximum footcandles. The ordinance states that 20 footcandles is the maximum on -site. Due to the nature of sports lighting and the industry (Illuminating Engineering Society of North America) standards for soccer (at least 30 footcandles recommended), the lighting consultant recommends a set of fixtures that will exceed 20 footcandles on the field, and therefore a variance is requested. 2. A variance to type of lighting. The ordinance requires a sodium pressure type of fixture and bulb. In order to achieve most -near natural light conditions for safety of play, the lighting consultant recommends a metal halide fixture and bulb, again, to conform with recognized practices for sports play. We will forward this request to the Planning and Zoning Commission for a recommendation to City Council. Thank you for your assistance. KH MEMORANDUM November 30, 2001 TO: Bruce Payne, Planning Director FROM: Paul Ward, Building Official SUBJECT: Light Ordinance Appeal for athletic field lighting at: Bob Jones Park, 3925 N. White Chapel Blvd. and, Carroll Intermediate School, 1101 N. Carroll Ave. Action Requested: Planning and Zoning Commission approval of lighting variance request Background Information: Ordinance 693-B, the Exterior Lighting Ordinance specifies maximum lighting levels as well as types of lights for various properties in the city. Section 4(b.) specifies lights on poles over 42 inches high shall be high pressure sodium lights. This type of light is most easily recognizable by its distinctive orange color. This type of light is not normally used for athletic field lighting because it is harder to see a ball in the air. Section 5(b.) limits the maximum outdoor illumination level at 20 foot candles. Again, this is sufficient for most uses such as parking lot security. Most lighting engineers, however, would specify a greater level of light for athletic fields for safety as well as to help play well. The Illuminating Engineering Society Handbook specifies a minimum of 30 foot candles for soccer or other field sports using balls and equipment. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received at this writing. The cases are scheduled to go before a SPIN meeting. Legal Review: Not Applicable Alternatives: Variances may be granted as requested, denied or modified as deemed appropriate by the Council. Supporting Documents: Ordinance No. 693-B, sections 4, 5, and 10 Letter of appeal from Community Services Department. Lighting Plans Staff Recommendation: Place this item on the Planning and Zoning Commission agenda for consideration and recommendation to City Council as required under Section 10 of the ordinance. SECTION 4. LIGHTING DESIGN (a4 Lighting systems, including the placement of luminaires, shall meet the requirements of this Ordinance. (b.) Luminaires on poles over 42 inches in height and exterior wall mounted light fixtures shall be high pressured sodium lights or other lights giving a similar soft lighting effect. The building official may approve alternate lighting if he finds that it: (1) provides at least approximate equivalence to the applicable specific requirements of this Ordinance; and (2) is otherwise satisfactory and complies with the intent of this Ordinance. (c) Fully recessed lights in ceilings of canopies or roof overhangs may be of any type provided the level of illumination does not exceed the limitations specified in Section 5 hereof. See Appendix Illustration B. (d) Luminaires causing glare at property line or in vehicle areas on streets or parking lots are prohibited. SECTION 5. ILLUMINATION (a) The intensity of illumination projected from one property to another property is determined by the zoning district classification of the neighboring property and shall not exceed the following intensities, as measured from the property line of the neighboring property: Zoning of Neighboring Property Footcandles Horizontal Footcandles Vertical Agricultural, Single-family, and two-family residential districts 0.2 0.5 Multiple -family residential districts 0.5 0.5 Nonresidential districts, streets 3.0 3.0 Light industrial districts 5.0 5.0 (b) The maximum outdoor computed or measured illumination level on a property shall not exceed 20 foot candles outdoors at any point, except that lighting under canopies (such as service stations) shall not exceed 30 foot candles. SECTION 10. APPEALS; VARIANCES; MODIFICATIONS (a) A person may request a modification or variance from the provisions of this Ordinance. The person shall submit an application for a variance to the building official on forms prescribed by the building official. (b) A person who is dissatisfied with the decision of the building official may file an appeal. The person may file an appeal not more than 10 days after the determination of the building official. The person shall submit an appeal to the building official on forms prescribed by the building official. (c) The city council, after receiving a recommendation from the planning and zoning commission, may grant a modification or variance from the provisions of this Ordinance in either of the following circumstances: (1) Upon finding that strict application of the Ordinance would not forward the purposes of this Ordinance, or that alternatives proposed by the applicant would satisfy the purposes of this Ordinance at least to an equivalent degree. (2) Upon finding that an outdoor light, or system of outdoor lights required for a particular use cannot reasonably comply with the standard and provide sufficient illumination for safety, as determined by recommended practices adopted by the Illuminating Engineering Society of North American for the particular use or other evidence submitted by a professional engineer. (d) The city council, may impose such conditions on a modification or variance which it deems appropriate to further the purposes of this Ordinance. City of Southlake, Texas MEMORANDUM December 14, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Variance to Lighting Ordinance No. 693-B for sports field lighting at Bob Jones Park, located at 3925 N. White Chapel Boulevard Action Requested: The City of Southlake is requesting approval of two variances to the Lighting Ordinance to install sports lighting on the southern soccer fields at Bob Jones Park. Background Information: 16 soccer fields constructed in 1998 as part of Bob Jones Park Ph. I. • Need for lighted fields to address demands for soccer facilities originally identified in Park Master Plan updated in 1996; three (3) southern fields denoted as lighted in that plan • Funding for lights was approved by the SPDC with the construction of Bob Jones Park, Phase H in 2000. The construction budget came in higher than expected, so the project was broken out into multiple years. The lighting portion of the budget was estimated at $200,000 in 2000. • Staff met with the soccer association and determined the optimal configuration and number of light standards to accommodate the league participants, which was the lighting of three (3) fields with fixtures aimed east/west. • Staff conducted a SPIN meeting for residents of the area (SPIN #1) on the evening of Wednesday, December 5, 2001. Participants presented a range of comments and concerns mainly centering on hours of use of the fields and issues indirectly related to lighting, such as noise from participants. • The Planning and Zoning Commission approved the variance request 6-0 at their 12/6/01 meeting. • Also attached is a letter submitted to the Building Department requesting a variance for proposed lights in two regards: (1) a variance to the total footcandles on the playing field. The ordinance states that 20 footcandles is the maximum on -site. Due to the nature of sports lighting and the industry standards (Illuminating Engineering Society of North America) for soccer (at least 30 footcandles recommended), the lighting consultant recommends a set of fixtures that will exceed 20 footcandles on the field, and therefore a variance is requested. (2) a variance to type of lighting. The ordinance requires a sodium pressure type of fixture and bulb. In order to achieve most -near natural light conditions for safety of play, the lighting consultant recommends a metal halide fixture and bulb, again, to conform with recognized practices for sports play. Also note the attached response letter from Paul Ward, the Building Official, stating the need for a variance to the Lighting Ordinance from City Council. It is important to note that the variances requested are not related to relief from any adjacency standards. In other words, no variances are requested nor are needed for spillover lighting intensities. The photometric calculations submitted to the Building Department demonstrate that the total light control system (TLC) being deployed reduces trespass lighting to less than moonlight intensities (a fraction of the ordinance allowance) at less than 300 feet from the source fields. The nearest existing occupied home is 1900 feet from the nearest fixture, and the nearest residential zoning is Clariden Ranch - 310 feet from the nearest fixture. Financial Considerations: The Park Board and SPDC approved the cost for the proposed lighting system as part of Bob Jones Park Ph. II construction in 2000. A separate item regarding the award of bid for a lighting contract with Musco is on this Council agenda. Citizen Input/ Board Review: • Park Master Plan adopted 11/96 with southern three (3) soccer fields lighted • Park Board, SPDC approval of lighting construction in Bob Jones Park Ph. II development as part of Capital Improvement Plan (CIP) • SPIN meeting 12/5/01 (roughly 20 people from SPIN #1 in attendance) • P&Z recommended approval (6-0) at 12/6/01 meeting Legal Review: Not Applicable. Alternatives: Any action as deemed necessary by Council. Supporting Documents: • Vicinity map • Aerial view • Lighting plan • Letter from Kevin Hugman requesting lighting variance • Letter from Paul Ward acknowledging variance request from Council • Notes taken at 12/5/01 SPIN meeting by SPIN #1 Rep. Kim O'Brien Staff Recommendation: Approval of the requested variances to the Lighting Ordinance. Vicinity Map 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 Feet `E Nearest adjacent t° " k zoning is CS {Clariden �" - School - 150'}. Nearest residential �, a O zoning is Clariden Ranch (310'_ r to the northwest) a -�A �pjsroxlma t F 'a `pf aying fields • Z. 3. e ' 4� p i A- 2#aGm �— 3 t o M. �\ s r.�w xo rar r�ir�s-0� FIELD #14 .� 12 A 4 li CBD. i /li, Y CI4 Doom Doomaoaii: 11 A A �I li i FIELD #13 [� 1i fka Id GM (l 12 PC 4/6 fp10. am. A 1 35 1" I 1 FI ELD #12 !I lu 1 i /i. 2 /i CAD. 3 /f, 1 09 CAD. .. 13 WHITE CHAPEL �• BOB JOKES PARK SOCCER FIELD LIGHTING MEMORANDUM November 15, 2001 TO: Paul Ward, Building Official FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Variance requests for sports lighting at Bob Jones Park soccer fields In order to proceed with the installation of sports lighting on the Bob Jones Park southern soccer fields, as approved for funding earlier this year by the SPDC, staff will require variances to the currently adopted Lighting Ordinance relating specifically to industry standards for sports play and safety. Also, for the purposes of adequate opportunity for citizen input, staff is also requesting that the variance be presented in public hearings before the P&Z and Council, rather than simply to the Building Official. The variances requested are: 1. A variance to the total maximum footcandles. The ordinance states that 20 footcandles is the maximum on -site. Due to the nature of sports lighting and the industry (Illuminating Engineering Society of North America) standards for soccer (at least 30 footcandles recommended), the lighting consultant recommends a set of fixtures that will exceed 20 footcandles on the field, and therefore a variance is requested. 2. A variance to type of lighting. The ordinance requires a sodium pressure type of fixture and bulb. In order to achieve most -near natural light conditions for safety of play, the lighting consultant recommends a metal halide fixture and bulb, again, to conform with recognized practices for sports play. We will forward this request to the Planning and Zoning Commission for a recommendation to City Council. Thank you for your assistance. l� MEMORANDUM November 30, 2001 TO: Bruce Payne, Planning Director FROM: Paul Ward, Building Official SUBJECT: Light Ordinance Appeal for athletic field lighting at: Bob Jones Park, 3925 N. White Chapel Blvd. and, Carroll Intermediate School, 1101 N. Carroll Ave. Action Requested: Planning and Zoning Commission approval of lighting variance request Background Information: Ordinance 693-B , the Exterior Lighting Ordinance specifies maximum lighting levels as well as types of lights for various properties in the city. Section 4(b.) specifies lights on poles over 42 inches high shall be high pressure sodium lights. This type of light is most easily recognizable by its distinctive orange color. This type of light is not normally used for athletic field lighting because it is harder to see a ball in the air. Section 5(b.) limits the maximum outdoor illumination level at 20 foot candles. Again, this is sufficient for most uses such as parking lot security. Most lighting engineers, however, would specify a greater level of light for athletic fields for safety as well as to help play well. The Illuminating Engineering Society Handbook specifies a minimum of 30 foot candles for soccer or other field sports using balls and equipment. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received at this writing. The cases are scheduled to go before a SPIN meeting. Legal Review: Not Applicable Alternatives: Variances may be granted as requested, denied or modified as deemed appropriate by the Council. Supporting Documents: Ordinance No. 693-B, sections 4, 5, and 10 Letter of appeal from Community Services Department. Lighting Plans Staff Recommendation: Place this item on the Planning and Zoning Commission agenda for consideration and recommendation to City Council as required under Section 10 of the ordinance. SECTION 4. LIGHTING DESIGN (a:) Lighting systems, including the placement of luminaires, shall meet the requirements of this Ordinance. (b.) Luminaires on poles over 42 inches in height and exterior wall mounted light fixtures shall be high pressured sodium lights or other lights giving a similar soft lighting effect. The building official may approve alternate lighting if he finds that it: (1) provides at least approximate equivalence to the applicable specific requirements of this Ordinance; and (2) is otherwise satisfactory and complies with the intent of this Ordinance. (c) Fully recessed lights in ceilings of canopies or roof overhangs may be of any type provided the level of illumination does not exceed the limitations specified in Section 5 hereof. See Appendix Illustration B. (d) Luminaires causing glare at property line or in vehicle areas on streets or parking lots are prohibited. SECTION 5. ILLUMINATION (a) The intensity of illumination projected from one property to another property is determined by the zoning district classification of the neighboring property and shall not exceed the following intensities, as measured from the property line of the neighboring property: Zoning of Neighboring Property Footcandles Horizontal Footcandles Vertical Agricultural, Single-family, and two-family residential districts 0.2 0.5 Multiple -family residential districts 0.5 0.5 Nonresidential districts, streets 3.0 3.0 Light industrial districts 5.0 5.0 (b) The maximum outdoor computed or measured illumination level on a property shall not exceed 20 foot candles outdoors at any point, except that lighting under canopies (such as service stations) shall not exceed 30 foot candles. SECTION 10. APPEALS; VARIANCES; MODIFICATIONS (a) A person may request a modification or variance from the provisions of this Ordinance. The person shall submit an application for a variance to the building official on forms prescribed by the building official. (b) A person who is dissatisfied with the decision of the building official may file an appeal. The person may file an appeal not more than 10 days after the determination of the building official. The person shall submit an appeal to the building official on forms prescribed by the building official. (c) The city council, after receiving a recommendation from the planning and zoning commission, may grant a modification or variance from the provisions of this Ordinance in either of the following circumstances: (1) Upon finding that strict application of the Ordinance would not forward the purposes of this Ordinance, or that alternatives proposed by the applicant would satisfy the purposes of this Ordinance at least to an equivalent degree. (2) Upon finding that an outdoor light, or system of outdoor lights required for a particular use cannot reasonably comply with the standard and provide sufficient illumination for safety, as determined by recommended practices adopted by the Illuminating Engineering Society of North American for the particular use or other evidence submitted by a professional engineer. (d) The city council, may impose such conditions on a modification or variance which it deems appropriate to further the purposes of this Ordinance. Notes from SPIN #1 and #6 Meeting Sports Field Lighting at Bob Jones Park (South Soccer Fields) and Carroll Intermediate School (Football Field) Wednesday, December 5, 2001— Southlake Town Hall - #3a and #3b ■ Along with lighting concern, the longer that the lights are on, the longer the noise continues, if the lights go on, what are the time expectations for extended hours of play? ■ Part of the demand for these lights is to open the soccer association to adult play, meaning that select leagues that play at night would happen at Bob Jones. Is that not what this request is for on behalf of the soccer association? ■ You can understand that the residents' concern is that ten (10) years into the future, we will have high levels of noise late at night every night! The GSSA has still played on fields that are wet and have been closed by the city right now, what assurances do we have that the GSSA can control their own people when it comes to abiding by lighting expectations? ■ If you haven't had a complaint at Bicentennial Park about lighting after hours it is because people have given up hope, I drive by Bicentennial at night (10:30 — 11:00) and the lights are on full blast and no one is out on the fields. ■ Process question — the City has stated that this is a "done deal" — are we wasting out time here or is there still an opportunity to have input on this decision? ■ You say a number of us have been at all of these public hearings in the past. In the last two (2) years the park has been open, and already there is a revocation on the commitment to not have a high concentration of active uses at a park where a commitment was made to keep the park passive and unique. There will be further lighting in the park to come and Bob Jones Park is going to end up just like Bicentennial Park. ■ The way the agenda reads is that the request at P&Z is for a variance to the City Ordinance — is that the requested action or is the requested action to light the fields at all? ■ What are you doing that requires our input, to put lights in? To put more powerful lighting in? What is your request at P&Z? ■ On the plans, this is non -conforming to the City ordinance(s)? Do we do this with every sports field that will be lit in the future? ■ What about lacrosse, I thought that Bob Jones would be for soccer only, is it going to occur that Bob Jones becomes for soccer and for lacrosse? ■ Is there any movement possible on the sizing of the poles — 70' seems very high? ■ If I were a private entrepreneur would I have to have a SPIN meeting and then wait thirty (30) days prior to appearing at P&Z? Also, would I have to post public notification of my appearance at P&Z, because I haven't seen any notification that this was coming. Is there a plan that is available for us to look at to see what this would do to us? ■ Park Board has changed their philosophy over the past few years, can Lacrosse and soccer share a lighted facility already in existence or somewhere else that is less controversial? Since when did we start building specific facilities for specific associations? ■ I live directly across the road from these fields — Is this proposal the same as what is in Bicentennial Park? We get three (3) fields now, when will the north fields be lighted also and play extended into night hours all throughout the park? ■ Where is the closest example of this proposed system in use currently so that we have the ability to measure the impact for ourselves? ■ What I find disturbing is that this proposal puts a "Soccer Master Plan" above the City's Master Plan that provides guidance for how our neighborhoods are going to be in the future, and a Master Plan that has this park designated as a passive park. The cumulative effect of this, the Clariden School (because they will want lighting on their fields once Bob Jones Park has it, as that was the restricting force against their requesting lighting when they went through the approval process) is that there will be extended use six (6) nights a week in our neighborhoods. I take offense to the assertion that development patterns that have occurred in the south part of the city are automatically going to move to the north part of the City. Those of us who have lived on the north side of town for a long period of time have worked hard to keep a flavor of what Southlake was, and what was the reason that a lot of us moved to Southlake in the first place. ■ You are telling me that after I bought my land in order to get away from the traffic, noise, and lights, that now the City is going to bring these things to my doorstep? ■ How did we arrive at six (6) nights a week up to 11:00 p.m. per night? Why are we using a Standardized Agreement with the soccer association for a park that is supposed to be a unique park? Where is GSSA practicing currently? ■ A sports association seems to have more freedom than residents, why can't we work together to come to some type of accommodations on both sides? ■ I don't agree with three (3) fields here — if you have three (3) fields, you can't re -position the fields for younger ages. As for 70' poles, the people across the street from Bicentennial Park opposed a similar type arrangement at that facility. Most soccer kids are young kids, why do we have to have adult -sized fields at all? ■ You are saying that a shorter pole increases the light impact, or does it decrease the impact? ■ You just said that these were all going to be adult fields, and now you say that you can position the fields for younger kids, and earlier you said that younger kids was the source of the increased noise! ■ How many months of the year are we talking about when these fields would be in use six (6) nights per week late into the evening? Are the lights only going to be used during the soccer season? ■ Spillover plan — I don't see any dimensions for the spillover reflected from these lights on this plan? If you get this variance for soccer fields, would you be able to just go and light the softball fields as well, or would you have to go through this process again? If you go for lighting on the softball fields, do you have to get a variance to the Master Plan for Bob Jones Park as well as a variance to the Lighting Ordinance? If the Master Plan is only a guide, why do we have to put lighting on the soccer fields at Bob Jones Park? City of Southlake, Texas MEMORANDUM December 12, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Award of contract to Musco Sports Lighting for construction of sports lighting at Bob Jones Park soccer fields and Carroll Intermediate School playing field. Action Requested: Award of contract to Musco . Sports Lighting for construction of sports lighting at Bob Jones Park soccer fields and Carroll Intermediate School playing field. Background Information: The City Council approved the Master Plan for Bob Jones Park in March of 1997 at which time sports field lighting was identified for the southern soccer fields. Field lighting was also included as a component of the TPWD grant approved in August of 1997. It has also been included as a component of Bob Jones Development in the SPDC CIP since 1998. The Carroll Intermediate School playing field was included in the approved FY 2001/02 Capital Improvements Plan. Staff has been working with Musco Sports Lighting and the consulting firm of Sportslighting Design Group on the design and specifications of the lighting system. To expedite the completion of the project prior to Spring 2002 play, staff recommended utilizing Southlake's membership with the Buy Board. The Buy Board is a customized electronic purchasing system developed by the Texas Local Government Purchasing Cooperative to increase the purchasing power of government entities. As an eligible project, the City would benefit from the discount price, time savings, and convenience of the Buy Board process of completing this project with the product and services of Musco Sports Lighting, LLC, (a Buy Board Vendor). Musco Sports Lighting has completed a number of recent projects for CISD and has provided the City with all sports lighting within Bicentennial Park. They have established a reputation for quality work in a timely manner. Musco Sports Lighting products selected for each field include "Total Light Control" (TLC) equipped lamps with hoods atop 70' galvanized poles. TLC is highly recommended for sites which require extreme light control. With TLC, each field automatically includes the " 10 Club Service" to provide complete maintenance and total lamping of the system for 10 years. Bob Jones Park will be further equipped with "Control Link", a phone or internet Billy Campbell, City Manager December 12, 2001 Page 2 based management software which allows remote access and tracking of the light system. Also, at Bob Jones Park, a security light will be installed for the playground area. This security light is a high pressure sodium lamp identical to those installed along the park loop road. SPDC will consider this item at their December 18 meeting. Financial Considerations: Funding in the amount of $200,000 is allocated in the FY 2001/02 SPDC budget for Bob Jones Park Soccer Field Lighting. Funding in the amount of $150,000 was also allocated in the FY 2001/02 SPDC budget to light the Carroll Intermediate School playing field. Total funds available for sport lighting through the allocated SPDC budget is $350,000. The construction cost is $371,551.65 of which the "Control Link" and playground security light is $4,500. A contingency of $3,448.35 is also requested for a total project cost of $375,000. ,,,,. Staff has been in contact with the Grapevine Southlake Soccer Association regarding their ability to make up the difference ($25,000) through grants, reserves, or matching funds. GSSA has verbally agreed to pursue these opportunities and indicated that they would submit a statement in writing to the City. Refer to the attached e-mail from GSSA President Tony deBruno. The reserve fund line item in the approved FY2001/02 SPDC CIP budget is $135,585. This line item is available as a source for funds to make up the additional project cost. Citizen Input/ Board Review: Staff met with SPIN # 1 (Bob Jones Park) and #6 (Carroll Intermediate) on December 5, 2001 to discuss the sports lighting. Planning and Zoning approved (6-0) the associated variances to the lighting ordinance at their December 6, 2001 meeting. The requests for variance are to be considered by the City Council at their December 18, 2001 meeting. Legal Review: The Buy Board is competitively bid and awarded by the Cooperative's Board of Trustees based on Texas Statutes. The City Attorney is reviewing the contractual agreement with Musco Sports Lighting. Billy Campbell, City Manager December 12, 2001 Page 3 Alternatives: SPDC input on the project as submitted. Supporting Documents: - Contractual Agreement - E-mail from GSSA President Tony deBruno - Lighting Plan for Carroll Intermediate School - Lighting Plan for Bob Jones Park Soccer Fields Staff Recommendation: Award of contract to Musco Sports Lighting for construction of sports lighting at Bob Jones Park soccer fields and Carroll Intermediate School playing field in the amount of $371,551.65, plus $3,448.35 in contingency, for a total project budget of $375,000. December 11,.2001 City of Southlake 400 N. White Chapel Southlake, TX 76092 Attention: Ben Henry Reference: Bob Jones Soccer and Carroll Intermediate School Lacrosse Contractual Agreement Dear Ben Henry: Thank you for selecting Musco for your lighting needs. I am forwarding the following document package per the request of Mike Monroe for your.review and signature. This is the information upon which we will proceed in order to meet your expectations. 1. Contractual Agreement - This document outlines the details of the proposed agreement. 2. Layout - This document illustrates field dimensions and pole locations for design of your lighting project. 3. Pole Drawing - This document illustrates the design specifications to which your poles will be manufactured: 4. Submittal - This document illustrates field dimensions and pole locations for design .of your lighting project. It is important that these locations are verified. Changes identified after Musco receives this signed document can delay shipment. The signing of the Contractual Agreement will be considered as your approval of the information contained in the above documents. In addition please complete any areas indicated with an arrow ((D) for information vet to be identified. Upon thesigning. this agreement, please fax this agreement and a copy of the purchase order to the Texas Buy Board @ 800/211-5454 for their process procedures. if you have any questions, I can be reached at 888/966-8726, or 405/321-2886. Thank you for your assistance in advance. Sincerely, Tom Hay Sales Coordinator 0000 MU Contractual Agreement South Region / 2107 Stewart Road / Po Box 260 / Muscatine, LA 52761 / 405-321-2886 / Toll Free: 888-9664726 / FAX: 405-321-2423 Date: December 11, 2001 Project Name: Bob Jones Soccer & Carroll Intermediate Lacrosse Project #: 2358622 1. CUSTOMER NAME AND ADDRESS: 2. OWNER NAME AND ADDRESS: City of Southlake City of Southlake 400 N. White Chapel 400 N. White Chapel Southlake, TX 76092 Southlake, TX 76092 Attn: Ben Henry Attn: Ben Henry Telephone: (817) 481-1584 Telephone: (817) 481-1594 Fax: 817 481-1594 Fax: 817 481-1594 3. SHIPPING NAME AND ADDRESS: 4. FIELD NAME AND ADDRESS: City of Southlake (Bob Jones Park) Bob Jones Soccer Fields 3901 N. White Chapel 3901.N. White Chapel Southlake, TX 76092 Southlake, TX 76092 County: Tarrant Coutny County: Tarrant County Attn: Don Cooper (See last page for information on Carroll Telephone: (972) 723-1180 Intermediate Field) Fax: 972 723-1181 5. EQUIPMENT DESCRIPTION - Musco shall transfer and deliver to Customer, and Customer will accept and pay for the following goods and services in accordance with paragraph 10 of this Agreement 0 Light -Structure 2"m 0 Total Light Control (TLC) Total Fixtures: 106 Voltage: 480 Phase: 3 (Bob Jones) 1 (Carroll Intermediate) Total # Poles: 16 0 Contactor Cabinets"m Q Control-Linkrm (Bob Jones) # REC: 1 Musco's Light Structure'A system consisting of sixteen (16)- 70' galvanized steel poles with one hundred and six (106)-1500W luminaries equipped with Total Light Control spill and glare visors. Along with four (4)-24" X 48" contactor cabinets, twenty-two (22)-30 amp contactors and four (4) OOA switches. Price includes delivery to the site, turnkey installation per plans and specifications, 5% extra lamps, and five (5) extra fuses. Price does not include sales tax. 10 CLUB SERVICErm - Must;o shall provide all services outlined in the 10 Club Service Extended Warranty Agreement to maintain operation of Light -Structure 2 for 10 years. This service is being provided based on the following information: Hours of Usage: Number of Group Lamp Replacements: Service Begin Date: Service Expiration Date Customer Warranty Contact Name: Warranty Contact Phone Number: 0 Less than 300 per year ❑ 301 - 600 per year ❑ 601 + per year 01 ❑ 2 ❑ 3 ❑ Other Service begins on date of shipment 10 years from date of shipment Steve Polasek . (817) 481-1543 7. SCOPE OF WORK - The work to be performed by Musco or its subcontractor is described in plans and specifications presented to the City of Southlake by Sportslighting Design Group. µ A' ®1999 Musco Sports Lighting, LLC 2 PO vet. 11 12/01 Contractual Agreement South Region 12107 Stewart Road / PO Box 260 / Muscatine, IA 52761 / 405-321-2886 / Toll Free: 888-966.8726 / FAX: 405-321-2423 Date: December 11, 2001 Project Name: Bob Jones Soccer & Carroll Intermediate Lacrosse Project #: 2358622 8. WARRANTY - Warranty claims and back charges shall not be deducted from contract payments without prior approval of Musco's10 Club Service Department (877-836-2582). Musco's Equipment and its performance are sold subject to Musco's written warranty, a copy of which will be provided with Musco's acceptance of this Agreement. The warranty provided by Musco shall be in lieu of all other warranties, and Musco disclaims any other warranty whatsoever, express or implied, including, but not limited to, the implied warranty of merchantability. 9. TAXES - Customer shall pay all applicable state and local sales taxes invoiced appropriately by Musco. ❑ Taxable 2 Non -Taxable (Copy of resale or exemption certificate must be attached. Note: Just holding a sales tax permit does not, In and of itself, qualify for a non-taxable sale.) 10. DELIVERY - Normal delivery to the shipping address indicated above is 4 to 6 weeks after both parties have signed this order. If the Equipment is shipped in multiple lots, Musco shall prepare a separate invoice for the price of the Equipment shipped at the time of each shipment. Customer shall pay the amount of each such invoice upon the same terms as set out in paragraph 15 of this Agreement. 11. TOTAL PRICE - Customer will pay for the above described Equipment and installation the Total Price of U.S. $371,551.65. FOB the shipping address above, payable as materials are shipped and work is completed as outlined below: 12, SECURITY AGREEMENT - To secure the payment of all amounts owed by Customer hereunder, Customer hereby grants and conveys to Seller a security interest in the Equipment, including all repairs, replacements and accessions thereto (Collectively referred to as the "Secured Property"). Customer further agrees to execute any financing statements or other documents reasonably required by Seller to perfect the security interest granted herein and to assure the priority of such security interest. The parties agree that the secured property shall at all times remain personal property, subject to removal from the real estate by Seller in the event of Default by Customer. 13, DEFAULT - Each of the following shall constitute a default ("Default') under this Agreement: a) failure to pay, in full, any payment when due hereunder, b) Customer becomes the subject of a bankruptcy, receivership or insolvency proceeding; c) any warranty, representation or statement made or furnished to the seller by or on behalf of the Customer proved to have been false in any material respect when made or furnished; d) loss, theft, damage, destruction or encumbrance to, or of, the Secured Property or the making of any levee, seizure or attachment thereof or thereon; or e) the occurrence or non- occurrence of any event or events which.causes the seller, in good faith, to deem itself insecure for any reason whatsoever. ® 1999 Musco Sports Lighting, LLC 3 PO ver. 11 12101 o� MUS Contractual Agreement Fncrh f;4;�on: 977� S�GN,an K•.atl Pu tiac2°D.' NusaGpe. V, 527.81, ' 405a2-,-2WV TNI Fve. 599-M-9729 : 17AX::ts.399-2495 DOW December 11. 2Qt11 Projetl Name: Bob Jones Soccer & Carroll tntermedime I acrosge Project #: 2958522 14. REMEDIES UPON DEFAULT - In the event of Default, Seller may. at its option; and without nad :e or darn and: a) declare the entire unpaid balance owing hereunder due and payable et once; b) pruceed to recarer judgment for the entire unpaid balance due' c) exercise all rights provided to Seller under this Agreement, any bonds provided for this Project, the Uniform Commercial Code, at law or in equity including but not limited to entering the Customer's premises and taking possession of the Secured Property. All the remedies described herein are cumulative and may be exercised in any order by Seiler. Customer agrees to pay all costs (including reasonable attorney's fees and court costs) incurred by Seller in disposing of the Secured Property and collecting any amounts owing hereunder. and such coats shall be part of the obligations secured hereunder. 15. PAYMENT PROCESSING CONFIRMATION: Customer Nsads Invoice by Each F:ida Submit Invalcc to Ben Heniry Payment Approval Date As Nece5sary Check Run Date Within 14 days 16, INSURANCEI BONDING: wi:l Musco provide an Insurance Certificate to Customer for this Project? Z Yes ❑ No 17. CONDITIONS OF AGREEMENT a. APPLICABLE LAIN - This Agreement shall be governed by the laws, including the Uniform Commercial Code. adopted in the State of Iowa as effecbve and in force an the date of This Agreement. b. EXPENSESFREMEDIES - Customer shall pay to Musco the reasonable expenses, including court costs, legal and administrative expenses and reasonable attomay% fees, paid or incurred by Musco in endeavoring to collect Amounts due from Customer to Musco. It is further undomtood that if Customer does not make a payment as due, Muso has the right to forward appropriate notices or claims on jobswith owners asdeemed appropriate by Musco. o. ENTIRE AGREEMENT - This is the complete statement of the terms plus the plans and specifications of this Agreement. No representative or employee of Musco hiss any authority to bind Musco to any berm, representation or warranty other than those specifically included in this written Agreement or the written We rranty to be delivered to Customer. :? 1y44 Nlve,A- tipOcr: LiELWN. LIX 4 ?0 wx 11 L��01 Contractual Agreement SoAn keplon t 2107 Stilt Read,, F'o eor 260 ! 61ueQet ne. IA EV51 ! 405-521-2886 ..Toll Free: W&GO8-8725 r rAX: 405 521.247: Date: December 11, 2001 Project Name: Bob Jones Soccer & Garroll Intermodiate Lacrosse Project#: 23.58022 d. ACCEPTANCE - This Agreement is subject to the approval of Musco's Credit Department and the written acceptance of this Order by Musco Sports Lighting, LLC. Desired Shipping Dates): Week of January 21, 2002 Projected Completion Date: Customer Reference Information Needed on Invoicing/Packages: City of Southlalke MUSCO SPORTS LIGHTING, LLC Acceptance Acceptance this day of .2001 this day of .2001 Signature Signature Rick Stacy Mayor Marne and Title Marne and TiVe Itam d continued: Carroll IntaTmediste Lacrosse: Field 42 Name: Carroll Intermediate Lacross Street Address: 1101 N. Carroll City, State, Zip: Southlake, TX 75092 i7 I49� 19ura� 51x l is t•Ighsin , I.trC 5 M! war, t ! P/0I Orem: ,t6iy DeBruno [fony.DeBruno@footstar.com] Sent: Wednesday, December 12. 2001 4:40 PM To: Kevin Hugman Cc: jastantield@iuno.com; peter.gealQgte,net Subject: RE: FUA Kevin, I'd like to discuss some slight changes or clarifications to the agreement you sent me. Below is the language of our agreement we're working on with Grapevine that gives a 385 day view of field usage. Essentially: No Activity means we are not on the fields at all. Modified means we use some of the fields for coach oT referee clinics and some team practices. High means full usage for games, practices, and tournaments. As we spoke of yesterday, we'd rather keep the standard language for hours to avoid having future problems. However, we will provide the city, and anybody that is concerned, our intended usage for each season once schedules and practices times have been completed. For now we see the following: Sunday - Practice, make-up games, spring tournaments (May). Activity conducted from 11:00 a.m. - 8,30 p.m. (if in use, lights out by 9.00) We see Sunday as a low use day. Monday, Wednesday, Friday - Practice, make-up games, spring tournaments (May). Activity conducted from 4:00 p,m, - 5:30 p.m. (if in use, 6ghts out by 9:00) We see these as moderate use days (mostly practices from 5 - e) Tuesday & Thursday -;regularly scheduled games, practices, make-up games, spring tournaments (May). Activity conducted from 4:00 p.m. - 9:30 p.m. (if In use, lights out by 10:00) We see these days as High use days (both games and practices) Saturday - Regularly scheduled games, practices, make-up games, spring tournaments (May). Activity conducted from 8:00 a.m. - 9,30 p.m. (if in use, lights out by 10,00) We see these days as extremely High use days (both games and practices) Note: Most clinics for coeches and referees are conducted on Fridays, Saturdays, and Sundays. The hours may vary slightly for those, but nothing unreasonable. We usually do 2-3 per season. As for the budget shortfall, we'd have to approve first, but we could see donating $12.500 towards the project, but we like to arrange it so that we can first see if our grant request is approved this tall. To do this we'd issue the city a notice of intent to donate $12,500 9 our grant Is not approved. If approved, the grant should cover the entire shortfall The payment would be made in late fall, after we determine the grant status. Give ma a call and we can discuss, Tony It. SEASONS AND HOURS The season(s) of this agreement shall be ' springlsummer (February 2-July 15) * fall (August 15 - Oecember 15). Usage of the premises should generally not begin before 4,00 p.m, on weekdays, 8:00 a.m, on Saturdays and 11,00 a.m. (excluding approved tournaments) on Sundays. Because of the importance for giving turf areas adequate rejuvenation time and to enable CFTY to . perform periodic special maintenance, the `Premises" shell be available to GSSA on a high, modified and nohow activity level basis as follows: I Date Season Location Level 12116 - 02J01 Winter Oak Grove and Meadowmere No Activity 02102 - 02120 Early Spring flak Grove and Meadowmere Modified " 02121 - 06f01 Spring Oak Grove and Meadowmere High 06102 - 07115 Late Spring flak Grove and Meadowmere Modified * 07116 - 013114 Summer Oak Grove and Meadowmere No Activity 08115 - a9105 Early Fall flek Grove and Meadowmere Modified 1 09f06 - 11120 Fall Oak Grove and Meadowmere High 11121 • 12115 Late Fall Oak Grove and Meadowmere Modified " Define Level - High - All fields used for activity Modified Up to half the fields dedicated for maintenance upgrades NolLow - All fields dosed for maintenance - some fields for approved practices 'see attached Park Maintenance Schedule for field closures & scope of maintenance No organized play, nor reserved use of athletic fields, shall occur from December 16 to Feb. 1 witty the exception of carried over games reeuftiing from weather delays during the Fail season. The provision of special services after December 16 for carried over games shall be at the Association's expense. CITY and GSSA agree that the fields located at Oak Grove and Meadowmere Parks shall be dosed for the performance of general field maintenance during the periods of: December le to February Vk and July 16s' to August 1d'". CITY shall post signage at each field identi#ying that the field teas been closed for general maintenance. GSSA agrees not to expand schedules, length of league play, number of tournaments nor add seasons without prior epiproval of CITY. PJI scheduling of fields for practices, games or tournaments by GSSA must be approved through the CiTY's Athletic Division of the Parks and Recreation Department. Non-scheduled league play within established league play schedules is not permitted without prior CITY approval. i nal Message,--- :�+;:�:�la�cui_fl►+i�i>�$1�j��`t��is�: J:. �; =:� 1:�':.:;: fie:; Tuesday, December 11, 2001 5:30 PM To: Tony DeBruno Subject: FIIA << File: GSSA 2002 revised,doc >> ■1 4N 1 BO' END UNE SCALE: 1" 30'0" ciI i a to ao •40 O N Z Z IH II W 0 1 I I i i 1 J f� I _ I �I� ♦ I ' END UNE % I r I / i 16 I yix N n .r SCALE: 1" _ 60V 0 70 e0 In J A 1 /° CCO. MY °11 mo !�43rbwa a as a-99 aeo rot s FIELD #1.4 111 ( 12A 4/°ISM i0%,2 CIO. — (i n m !1 (� FIELD #13 ( CL7 1e fie. s �° aeo. (( - 12 /44/eM (L ——OA06—— ( sn y ( FIELD #12 ifS. 2 le 0M. J /a. 1 /C WA r WHITE CHAPEL BOB JONES PARK SOCCER FIELD U GH l N G i t N I 1 I v Q'I, L' 11 RI IFFFR VAmn ci IMMAOV ruAOT LOCATION WIDTH & TYPE -I LENGTH CANOPY TREES ACCENT TREES SHRUBS ; SCREENING NORTH - - - EAST 5' TYPE "A" 227' 2 5 18 NONE SOUTH 20' TYPE "0" 447' 18 13 63 1 NONE WEST _x - - _ _ _ NOT REQUIRED PER P.U.D. L L= 22 FUTURE DEVELUMENT — / 1IDT / I I I I � EAST f H 1 201 .00 ' 134.00' ' — 2 V B 8 60' ` 0 �\ cco +in CD • ,� / 23E — - — 0rn DIAMOND SHAMROCK VOL. 6812, PG. 2108 D.R.T.C.T. GENERAL NOTES 1.) ALL STREET & PARKING SHALL BE ASPHALT PAVING W/CONC. CURB & GUTTER AND ALL SIDEWALKS SHALL BE CONCRETE. 2.) DUMPSTER ENCLOSURE SHALL BE GATED AND HAVE A MINIMUM 8' MASONRY WALL SIMILAR TO THE PRIMARY STRUCTURE. O _ EAST 313.06 ' O _ '- CD ;'� 3 STORY. c0 42' 271' ( I LOT 3 BLOCK O /000 I I ! T&M SOUTHLAKE DEV. CO. — -- - LOT 5 0 12.2' � VOL. 11528. PG. 825 m / — - - — D.R.T.C.T. Cu TYP. 0 to ! ! I I ! I LD �611 I I I I ! I { I I i 2 6.4' 1 40' COMMON ACCESS, DRAINAGE & UTILITY EASEMENT 0 - — — v , I (iTYP. vm 24, FIRE . �—R=5.5' R= .5 50 ' COMMONR=20. R=5.5'm 1y- V I T P. ACCESS ESM'T. LO --�— — m 1 15' DRNG.10N 6.2' EASEMENT 9' YP., ru I 270, ! I ! I I i i — _. IT O m 42.5 I i o — a�i .. `P R=5.5 ' 11' 2 g' �� - TYP. �.;: LOT I n �q I Cu FUTURE PARK23 5' 43.5 ! I I \` 52!' i I ~ I . I I 50' COMMON Cr _ 2 i - ACCESS ESM'T. O / IgCo LOT 1, BLOCK 2 R=20.5' \� R= 0.5' JAMES P. FARRAR / m — o LOT 2 — T P . _ L_. - 6.5 cu m ED r LOT 3 LD Co 1501' j j ( ( I ! 69" ! 53 ff m + o % 11' 2 \ + O ► I B B m I - CU i 10".20' ' m 155.00 � 50' 20.0 116 67' � 0 m U) DRNG. &UTIL. Cn , 23C _ �` 23B 23A I g EASEMENT 1-STORY o 0 1—STORY 1-STORY ' • o3 9, 300.S.F. uJ co 3, 000 S.F 7, OOQ SF F--1 °� ( 15' UTILITY 1,7' - 60 10' I EASEMENT v T-F Cn o , N ' O m (U : — 1 N 89'39'55" W 11 514.21' _________________r:=�:r::=r_:_____________________ _________-______________________________________________ r 00 30 R. ............. 395+00 „o a 400+00 SOUTHLAKE BLVD. (F,M, 1709) ----------------------------- -- --------7--------------------------------------------------- 1 I J 1 1 , 1 I , 1 1 , 1 , 1 , , 1 , , I EARNEST E. TAYLOR I ® VOL. 10986, PG. 2185 �o A' P.R.T.C.T. o �► 44 014b, 4- b �• e• 30' DRNG. & UTIL. ESM'T. (130' R.O.W.) ------------------------------------------------------------------------------------------- .--------------------------------------------------- .------- • ; I \ 1 1 1 LOT 6, BLOCK 1 I LOT 5, BLOCK 1 ~ 1 MARTIN W. SHELING �j LOT iR, BLOCK t PAUL R..& DOREEN BRUTON 040 %IN VOL. 12263, PG. 2227 A GARY A. & JANICE L. MYRON D.n.T.C.1. z Cr NOTE: ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. ii f PROJECT ' LOCATION mmen T.S VICINITY MAP SITE DATA EXISTING ZONING: NR PUD GROSS AREA: 202,777 S.F. / 4.655 AC. L-U.D. - STREET ( 28,722 S.F. / 0.659 AC. L.U.D. - MIXED USE 174,055 S.F. / 3.996 AC. LOTS: 5 PROPOSED BLDG. AREA 31,300 S.F. SITE COVERAGE 18.0% NUMBER OF STORIES 3 MAXIMUM- BLDG . HEIGHT 52' AREA OF OPEN SPACE 31,974 S.F. PERVIOUS AREA OPEN SPACE PERCENTAGE 15.8% PERVIOUS AREA STAGE 1 PROPOSED FLOOR AREA 47,800 FLOOR AREA. BY USE RESTAURANT 10,000 RETAIL 9,300 OFFICE 30,000 REQUIRED PARKING 234 PROVIDED PARKING(ONSITE) 268 PROVIDED PARKING(ON STREET) 20 REQUIRED LOADING SPACE 0 PROVIDED LOADING SPACE 0 NOTE 1.) ON STREET PARKING COUNTED SPACES I ON ADJACENT SIDE OF STREET ONLY. 2.) SHARED PARKING IS ALLOWED WITHIN 500 FEET OF EACH BUSINESS AS DEFINED WITHIN THE NR PUD. 3.) THE DEVELOPER RESERVES THE RIGHT TO INSTALL COMPACT CAR SPACES IN ACCORDANCE WITH THE NR PUD. FOP if. t EF9M REVIEVI () ,,� Y Not i; . UJ-Jing, Permff or construction pu,� a_ F -ins prepared by WA WWlams, P.E. Ov Registration ft 85174 NOV 1 9 2001 Daw In 0 20 40 80 SCALE: 1 "=40' SITE PLAN PHASE 3 BLOCK 23 ;SOUTHLAKE TOWN SQUARE A 4.901 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS CASE NO.: SOUTHLAKE TOWN SQUARE SOUTHLAKE, TX is CLIENT: COOPER & STEBBINS 1256 MAIN STREET SUITE 240 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (617) 251-8717 ARCHITECT OF RECORD: LOONEY RICK KISS ARCHITECTS { PHONE: (901) 521-1440 Ft FAX: (901) 525-2760 DESIGN ARCHITECT: ' DAVID M. SCHWARZ/ ARCHITECTURAL SERVICES, P.C. PHONE; (202) 862-0777 FAX: (202) 331-0507 t„ 1 STRUCTURAL ENGINEER: BROCKETTE DAVIS DRAKE, INC. PHONE: (214) 824-3647 FAX: (214) 824-2586 r CIVIL ENGINEER: GRAHAM ASSOCIATES, INC. PHONE: (8,t7) 640-8535 FAX: (817 633-5240 TRAFFIC ENGINEERING: BARTON-ASCHMAN ASSOCIATES, INC PHONE: (817) 877-5803 FAX: (817) 877-3214 ? H/E/P ENGINEER: BL&P ENGINEERS, INC. PHONE: (214) 824-5559 FAX: (214) 824-5848 FIRE PROTECTIONS ENGINEERING: ROLF JENSEN & ASSOCIATES, INCs'. PHONE: (713) 462-1840 FAX: (713) 462-0812 GENERAL CONTRACTOR: THE BECK GROUP PHONE: (214) 965-1226 FAX: (214) 965-1363 rP� E OF......... * .... • TF��I f 0 W.J. WILLIAMS i ..:........................ ,.V 65174 Date AUG. 20, 2001 Revisions Drawn By Checked By Project No. 2032-0 Sheet Title SITE PLAN BLOCK 23 sheet NO. I OF . EAST SOUTHLAKE BLVA — •-- - - - - -- -•. - - - - - - -------------------------- ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - ;. ---------------------------- ,'i 1 I t I I I i VICINITY MAP PLANTINGS SYMBOL LEGEND O3.5" MIN. CALIPER STREET TREE IN 4'X8' PLANTER 0 1.5" MIN. CALIPER PARKING LOT TREE I I SITE LIGHTING SYMBOL LEGEND 0 DECORATIVE STREET FIXTURE - LAMP TYPE A 14'-6" HEIGHT 0-0 PARKING LOT FIXTURE - LAMP TYPE D ( SINGLE LAMP FIXTURE ) 30'-0" HEIGHT 0-0-0 PARKING LOT FIXTURE - LAMP TYPE D ( DOUBLE LAMP FIXTURE ) 30'-0" HEIGHT MATERIALS ABBREVIATIONS LEGEND CP CONCRETE PAVING AP ASPHALT PAVING w/CONC. CURB & GUTTER C CONCRETE SIDEWALK G GRASS r PL PLANTER w/ GROUND COVER UJaNo. 65174 [fnl �.1cal, 0 20 40 80 SCALE: 1 "=40' LANDSCAPE PLAN PHASE 3 BLOCK 23 SOUTHLAKE TOWN SQUARE_ A 4.901 ACRE TRACT OF LAND IN THE ' RICHARD EADS SURVEY, ABST. NO 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS CASE NO.: I. j i SOUTHLAKE TOWN SQUARE SOUTHLAKE, TX�-`' I k I CLIENT: COOPER & STEBBINS� 1256 MAIN STREET SUITE 240 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-6717 ARCHITECT OF RECORD: LOONEY RICK KISS ARCHITECTS PHONE: (901) 521-1440 FAX: (901) 525-2760 I DESIGN ARCHITECT: DAVID M. SCHWARZ/ ARCHITECTURAL SERVICES, P.C. PHONE: (202) 862-0777 j FAX: (202) 331-0507 I I STRUCTURAL ENGINEER: BROCKETTE DAVIS DRAKE, INC. PHONE: (214) 824-3647 FAX: (214) 824-2586 I i i CIVIL ENGINEER: GRAHAM ASSOCIATES, INC. PHONE: (817) 640-8535 FAX: (817) 633-5240 i TRAFFIC �I ENGINEERING: ;j BARTON-ASCHMAN ASSOCIATES, INC PHONE: (817) 877-5803 FAX: (817) 877-3214 M/E/P ENGINEER: BL&P ENGINEERS, INC. C PHONE: (214) 824-5559 FAX: (214) 824-5848 i FIRE PROTECTION ENGINEERING: ROLF JENSEN & ASSOCIATES, INC. PHONE: (713) 462=1840 FAX: (713) 462-0812 i GENERAL CONTRACTOR: THE BECK GROUP I PHONE: (214) 965-1226 FAX: (214) 965-1363 �E OF T� ��P ... �"rgsl ,r . r, r W.J. WILLIAMS r ...............................� 65174 Date AUG. 20, 2001 Revisions i d i f I Drawn By I� i i GAI Checked By I WJW Project No. 2032-1036 Sheet Title LANDSCAPE PLAN BLOCK 23 Sheet No. RF6, 0FC 0.2001 / V o LJ MAIN STREET _I f_., ._ �._.. / I I IL T- Vo e �-T -- _ I I I I II -- �/ II . DIAMOND SHAMROCK _ \ o\ /, , - I I cn +��c �/ / / I / I I I� i (� I /� % VOL L. 6812, PG. 2108 \ / I2.0% 2 0 D.R.T.C.T. LO 00 \ \ \ o —► I - --- ¢ N \ \ \ \\ \ \ .F.=65 .50 - a = o / / / I I \ I - / I LOT 3. BLOCK 2 / I \ I� T&M SOUTHLAKE DEV. CO. 40' CO " ON\AC6SS\ \\ \ \ \ \ / I I I `-' D // / // / i I `� I p \ / \ I VOL. 11528, PG. 825 DRAINAGE `& U IL1\TY AS �1ENJ \ / I I —� / / \-- \ \ I — cn I D.R.T.C.T. �-� \ x BE :��' � ` \ s� _1 W, I� PROP. 60 " RCP of I I \\ - I // /l Il I I I I �• I I / I I I I \ \ \ \ I I I I I I / 50 ' COMMON t ACCESS ESM'T. 2.8� \\ I \� I � _ (— �— I � I1 — I _� —� — — — — — — _ / / — ............. II I I I 1 ao EASEMENT a: 4 2s� so-�- / �� \> : � 6p� 1 EXIST. 12' W.L. c I I I I I oo 0 \ _ \ \ .. aD s `\ I , : II I I I Im I F.F.=6 2.25 a r CU 1 __� Y ■ BLOCK �� I I I ;I � I � ' 1 ' - - � \\ \� CR 6'966y -----a / � ■ 50' COMMON v,l I I I I 1~ �~ I I r ACCESS ESM' T. FUTURE I f LOTI, BLOCK 2 I I ! I �. PR P. 1 W.L. � I I I ,�- ss ��9 \ 6\ \ `, / ' ` � / ! DAMES P . FARRAR I o. % ! 1 / ■ Is 48" RCP I I I �, ST \ �j I i 2.0 / I I I I p \ ( mil. \ I i 1 / i ---► , i `■.• I I I #� �\ \ I - I �- N \ — +r ;✓' 20' DRNG. &UTIL 60 I \ \ ` r / x 00 pl EASEMENT 1 ` to \ I I (L \ \ F . 0.00 \\ �� F . F. =648 . I -/ / 15' ID UTILITY ` EASEMENT I I000, \ \ \\ / 1 I . 11 - \ \ Ss----_-_____ _ -_- - - - T- ___ _ - ----- --==--=-=r= .- �,.� ............... ------------ ---- ..:__:xr... r_ _==== -- --r=== ------ -rrr 30' DRNG. & UTIL. EX� T. B" S.S. \ \ FOR MAIN 395+00 •.� \ — — u_ 400+00 \ SOUTHLAKE BLVD. F.M. 1709) (130 ' R . 0 . W .) EXIST. 2-5' X 3' RCB ------------------------------- - - --- --- _ .. EX I S T . 24-„--_HcP------------------------ - -------------- - - _ _ ------------------------------------ — — — — — — — — — — — — — , _-p— I I ; I EARNEST E. TAYLOR ® I LOT 6, BLOCK 1 I LOT 5, BLOCK 1 I I LOT 1R, BLOCK 1 VOL. 10986. PG. 2185 MARTIN W. SHELING d� PAUL R. & DOREEN BRUTON A GARY A. & JANICE L. MYRON P . R . T . C . T . QaQ� �® q� VOL. 12263, PG. 2227 �6, A• �Q�qO• D.R.T.C.T. Cr o • r Cr VICINITY MAP LEGEND ® DUMPSTER + FIRE HYDRANT �— WATER SERVICE SAN. SEW. M.H. FAR TI a ERM P*W�EW ONLY P,(,t l9r biddhog, permit or construction pu pzxw� ► f i;vs prepared by W.J. Williams, P.E. nagistration No. 65174 NUV i � 4UUi. DaW I n 0 20 40 80 SCALE: 1 "=40 ' GRADING & UTILITY PLAN PHASE 3 BLOCK 23 SOUTHLAKE TOWN SQUARE - A 4.901 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS CASE NO.: SOUTHLAKE TOWN SQUARE SOUTHLAKE, TX CLIENT. , COOPER & STEBBINS N, 1256 MAIN STREET 9; SUITE 240 u SOUTHLAKE. TX 76092 PHONE: (817) 329-8400{: FAX: (B17) 251-8717 t¢' (ARCHITECT OF RECORD: LOONEY RICK KISS ARCHITECTS PHONE: (901) 521-1440 FAX: (901) 525-2760 DESIGN ARCHITECT. DAVID M. SCHWARZ/ ARCHITECTURAL SERVICES, P.C. PHONE: (202) 862-0777 FAX: (202) 331-0507 STRUCTURAL ENGINEER: BROCKETTE DAVIS DRAKE, INC. PHONE: (214) 824-3647 FAX: (214) 824-2586 CIVIL ENGINEER: GRAHAM ASSOCIATES, INC. PHONE: (817) 640-8535 FAX: (B17),633-5240 TRAFFIC ENGINEERING: BARTON-ASCHMAN ASSOCIATES, INC PHONE: (B17) 877-5803 FAX: (817) 877-3214 M/E/P ENGINEER: BL&P ENGINEERS, INC. PHONE: (214) 824-5559 FAX: (214) 824-5848 FIRE PROTECTION ENGINEERING: ROLF JENSEN & ASSOCIATES, INC. PHONE: (713) 462-1840 FAX: (713) 462-0812 GENERAL CONTRACTOR: THE BECK GROUP PHONE: (214) 965-1226 FAX: (214) 965-1363 rt%......................: WLLI * �............ .....� 6517 11�SIAVAL � — Date i AUG. 20, 2001 Revisions I Drawn By GAI Checked By WJW Project No. 2032-1036 Sheet Title GRADING & UTILITY PLAN BLOCK 23 Sheet No. I OU 9 rtEC"D '= 0 3 2 0 01 DENSE TREES DENSE TREES\ 'N� i�h 6.:� I !` ,�C/ p __ldi cep , 9 �fy / O m VIA O O Z T, ! 0 f_ Z Q O ,. 4 > a cc :0 M U, wz ; a O Q f ¢� Q S U � , H Er " I Vicinity Map I \ \ BRUSH Sc \\ \ BRUSH � 0 0 ° 0 4 ' 21 BR\ \ � R=5308.84 ' ' IT=3.36' k ,y \ L-6 73 1 G , • (BLOCK � 9l) _ t �s \:\ LC=6.73 ' m ZONED: RPUD S 61 ° 06 ' 32,,u E-i L. U. D .. FS,yT ZONED °r L. U. D . �ED USE it I ibWtlE'bS: " Fly, CAR � J.: P�T£RKA ET AL di ulal i ir. C'AO JE'AN PETE A ' n ar ^..., r- -- — — I'VtL t 5 G PG.. f ' 8 1 595 1 VOL. 85fel' Pd' e95; ,D R.T.G:'7. I I D.R.T, CST::,, ! ) ® LORR�IE W'. BECK -- — \ - _ VOL. 9799, PG. 1213, D.R.T.C.T. - _--- - 4. ----�\ \ v / \ VOL. 9849, PG. 1215, D . R . T . C .,T . - EN E \ \ ® LESLIE W. KLINGMAN 41, ' VOL. 9799, PG. 1208, D.R. T.C.T.ar--y � 15DRNG. ESM-T.•` VOL. 9849, PG. 1210, D.R.T.C.T. �� ( 20' UTIL. ESM'Tf. BRUSH fLo 40 ' COMMON ACCESS o i , UTILITY EASEMENT h DENSE TREES I m O' \ (b S I ZON ED: E3 DENSE TREES / o rL . LI~ D.. MIXED USE ®),�� Q ) ( -DIAMOND SHAMROCK CORP. / i l r; t•.. rr)r` ¢._. I VOL. 6812. PG. 2108 ; / ZONED: RPUD ' w {, D:R.T C.T. 1' L. U. D .: I ED USE z ) BRUSH I q ( ) BRUSH LOT 1 DENSE TREES CJI . BLOCK 4 ,O 11LOCW 2*,!, I ZONED: NRPUD ZONED:` C3 // 0 L . U . D .: MIXED USE I L LOT 4, MIXED X D USE // �1 I HOME DEPOT USA ' t o ?,,? ENS TREE APPROVED �1 S � 40' DRAINAGE & P08f80.1NINARII PLAT S' UTILITY ESMT. u CRIB NO.: ZA 97-101 J' 15' BLDG. SETBACK DENSE Tres 20' UTILITY EASEMENT , F s • �} MAI S R ET r t 4 I 47.5' DRAINAGE EASEMENT o.w — EAST ' ' ' I _ I ----- - 13 4 .0 0 ' LL i DE SE NORTH I ZONED: C3 _ — I L.U.D.: MIXED USE � a - 58 . 44 ' I LOT 3, BLOCK 2 CD T&M SOUTHLAKE DEV. CO. s I N ' I .Y VOL, 11548, PG. 825 EAST _ll 36' - o ,R D.R`.T.C.T. r�_ v i 14 .00 '; 217 I LOT 6 - ! I 40' COMMON 'ACCESS _ 38. 533 S E�,t)EtE [�s J_ln X:! j ' 1 i . r,i& UTILITY EASEMENT'" ' i 0.885 AC s'. >3 v �` � ----—,, rjj-1-m1 .13.010.+ 00 31� �� o (��Qi 2i Q,' p 100.00 �/ (°N TYt E Si _ _--------- - BLOCK 5 _ �� SEr E_ CE _� COMMON OPEN SPACE O , U a 5B.00-LD To N at 31.00 'ZdN D: NRPU 1 i ( P4 p cD O cn m 50' COMMON „_, CU III SZ ' v ® u c 58 00' �°�° _:,� 63.00 L.U.D.: MIXED SEI�ACCESS.: . E-� ESMT ►'� C�7 d U")94 .00 ' ( �`I I Iw O o 0 36.0 ' --i OD .1 O O{ - DENSE TREES DENSE TREES � ICU TREES s ZONED: C3 - cu N 20' DRAINAGE & 100.00� L.U.D.: MIXED USE _ _—' rI b o a'I - S UTILITY ESMT. LOT 1, BLOCK 2 f 43.5' U I I JAMES P. FARRAR ' rn a O = o ! o LOT 8 cn �' 0 M N I ; 15 UTILITY ESMT. e 32, 224 S. F. m IL®1r I im , ® f m 0.740 AC. im o v� M 65, 788 S.F.CD I 3 ti --__ oi' 1.510 AC. - - — — — _ 197— -- .67 100 0 0 N 9039 ------------ ' 4E4 7 21 t s' , II 30' DRAINAGE & , , . 32 BLDG. 1 _ �t�OINT r� RICHARD EADS SURVEY ABST. N0. 481 1'iHST SOUTHLA9-- BLVD. LF.M. 1'709� UTILITY ESMT. f SETBACKOF i- - - — - - I !I ! J.A. FREEMAN SURVEY ABST. NO. 529 BEGINNING 0 50 100 200 (130 r R.0 W ) - ---------------------------------- B' PEDESTRAIN M . ------------------------------------------------------ s ; is - - - ---------------------- --- - -- - ---- - SURVEY LINE ,� - - , ----------------------------- --- -- ,. SCALE: 1 " 100.= ! I . ZONE 01 TONED: C2 ZONED. C2 _ ' ' I ��yy L . U . D .: MIXED USE , : - W ' ZONED,` "C2 L.U.D.: MIXED USE L.U.D.: t�fIXEb USE ZONED: C2 �;,} i�•, _ LOT 1, BLOCK i A L . U. Dk: MIXED USE I� LOT CA, BLOCK 1 LOT 6, BLOCK • 4 L . U . D .: MIXED USE S40CK & HUSSEINI JOINT VENTURE LOT iR, BLOCK 1 EARNEST E. IAYLOR -MARTIN W. S;HELi G, LOT 5, BLOCK 1 GARY A. & JANICE L. MYRON' { I VOL. 9474, PG. 1084 VOL. 10986, PG. 2185 1;r ,r ?::' ' PAUL R. & DOREEN BRUTON Zj ' D.R.T.C.T. 11 r �. P . R . T . C . T . VOL . 1 263.,�PC. 2227 , t ,# t yy D:R.F G,.T�. WROUTT eDD o T o ON WRIBUTT A1D 0 4 0ON NORM ADDITION »� VOL. 388 e 205, PCL 10 VOL. 388 e 205, PCB. 10 CAOLA, SLIDE 1252 P. R. T. C. T. P. R. T. C. T. P. R. T. C. T. nnneae BOUNDARY DESCRIPTION BEING a 9.907 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, located in the City of Southlake, Tarrant County, Texas, and being a portion of a 58,019 acre tract of land conveyed by deed to Carol Jean Peterka, as recorded in Volume 8516, Page 595, Lorrie W. Beck as recorded in Volume 9799, Page 1213 and Volume 9849, Page 1215 and Leslie W. Klingman as recorded in Volume 9799, Page 1208 and Volume 9849, Page 1210, Deed Records, Tarrant County, Texas. Said 9.907 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point lor corner, located in the north right-of-way line of East Southlake Boulevard - F.M 1709 (a 130 foot R.O.W.), and being the southeast corner of said 58.019 acre tract, also being North 00001' 16" West, 65.00 feet and North 89039'55" West, 20.00 feet from the southeast corner of said Richard Eads Survey; THENCE North 89°39'55" West, along said north right-of-way line of East Southlake Boulevard, for a distance of 447.21 feet to a point for comer, - THENCE North, leaving said north right-of-way line, for a distance of 577.29 to a point for corner; THENCE North 30000'00" East, for a distance of 881.61 to a point for corner, said point t being in the southerly tight -of -way line of State Highway 114 Ca variable width R.O.W.), and being the point of curvature of a non -tangent curve to the leiN having a delta of 00004'21 ", a radius of 3308.84 and it chord hearing and distance of South 61006'32" Eaat, 6.73 feet; THENCE" southeasterly, along said southerly right-of-way line of State Highway 114 -and the are of sold tion-tangent curve to the left, fbr a distance of 6.73 feet to a point for corner, said point being in the west line of a tract of land conveyed by deed to Diamond Shamrock Corporation, as recorded in Volume 6812, Page 2108, Deed Records, Tarrant County, Texas; THENCE South 00001' 16" East, leaving said southerly right-of-way line, and following along said west line of Diamond Shamrock tract, for a distance of 1340.10 fed to the POINT OF BEGINNING and CONTAINING 431,570 square feet or 9.907 acres of land, more or less. I QUANTITATIVE LANn USF (;rHFni a 1F ! PHASE 3 TOTAL EXISTING ZONING: NR PUD NR PUD & C-3 EXISTING LAND USE: M,IXEQ USE MIXED USE NUMBER OF LOTS: '` i` ' '` 6 29 GROSS ACREAGE: 9.907 AC. 128.864 AC. NET ACREAGE: 9.907 AC. 103.382 AC. ANTICIPATED COMPLETION DATE:x X * 15.571 ACRES IS ZONED C-3, THE REMAINDER IS NR PUD. * 1 ' FOCL BUILD OUT IS .P, 90JEC'.T�D TO BE 5 TO 10 YEARS. nWNFRS CAROL JEAN PETERKA VOL. 8516, PG. 595, D.R.T.C.T. LORRIE W. BECK VOL. 9799, PG. 1213, D.R.T.C.T. VOL. 9849, PG. 1215, D.R.T.C.T. LESLIE W. KLINGMAN VOL. 9799, PG.i1208, D.R.T.C.T. VOL. 9849, PG. 1210, D.R.T.C.T. ALL OWNERS ADDRESSES: C/O COOPER & STEBBINS, L.P. 1256 MAIN ST., SUITE 240 SOUTHLAKE, TEXAS 76092 (817) 329-8400 FAX (817) 251-8717 a PRELIMINARY PLAT BLO.CKS L22 &: 23 . S 0 :,U` '' Hy L A K E, T 0, W N , ,S Q U A R t i # A 9.907 ACRE TRACT OF LAND IN THE i".. RICHARD EADS SURVEY, ABST. NO 481 s `CITY OF SOUTHLAKE '' t` TARRANT COUNTY, TEXAS vi;�i:_ 2 BLOCKS �. y �s 6 I'-sj.., BEING A REVISION OF PREVIOUSLY APPROVED BLOCK 18 i�t-• i- „ DATE: 20 MARCH 2000 f REVISED: 19 NOV. 2001 - INTERNAL LOT LINES SHEET 1 OF 1 DEVELOPER COOPER AND STEBBINS L.P. 1721 E. SOUTHLAKE BLVD., SUITE 100 SOUTHLAKE, TEXAS 76092 (817) 329-8400 I FAX (817) 251-8717 II ENGINEER i 1'y Graham Associates.1rc. CUI `L L 1 NG & f"LA 616 SIX FLAGS DRIVE, SUITE 400 ARLINGTON, TEXAS 76011 (817) 640 8535 ` CASE NO.: � 12� REUD DEC 03 2001 `t DENSE TREES DENSE TREES\ 'N� Vila ltif tj _ r i ' � I „ ` 4p r„ 1 9 �fy / O m V O 0 }. O `~ Z 0 f- Z cn M Q O ,. 4 > a cc :0 u, z ; a O Q f ¢� Q S U H Er " Vicinity Map BRUSH i so �\ \ BRUSH 0 0 ° 0 4 ' 21 BR \ \ R=5308.84 ' T=3.36' ,y \ L-6 73 (BLOCK � 9!) I �S I \ LC=6.73 ' m ZONED: RPUD:� q ►, . S 61 ° 06 ' 3u L.U.D.. MI ED- U T ._�...- _ -,Iry tick �' FS,yT ` ZONED: C3 L.U.D.:M,ED USE } CAR J.:P�TERKA ET AL i I_ f` • �~ ibWNEbS ; i ' t i cT r • ir. C'A O ' `JE'AN PETE ?`': -- — — V L 85i,G, Pp,., 5 i.. _ . a� ._. _. _ _ _ -- f I I . I + s VOL 85�'�':' Pf95; D R.T.G:'T.C,T: LORRcIE W'. BECK __._---- I I \ - _ ' \ 74 VOL. 9799, PG. 1213, D.R`::T.C.T. =- -_--_- - 4 . ----�\ \ \ / \ VOL. 9849, PG. 1215, D . R . T . C .,T . EN E \ \ ® LESLIE W. KLINGMAN VOL. 9799, PG. 1208, D.R.T.C.T.ar--y � 15' DRNG. ESMT. i' VOL. 9849, PG. 1210, D.R.T.C.T. �� ( 20' UTIL. ESM'Tf. BRUSHLO 40 ' COMMON ACCESS UTILITY EASEMENT �� ,h J DENSE TREES I m (b ( I y F a ZON ED: E3 DENSE TREES ` #r, i / o MIXED USE `� ®� .. �� Q ) ( DIAMOND SHAMROCK CORP. r ,c. ,, r L,, I VOL . 6B 12. PG. 2108 ; / ZONED: RPUD `�`� Q D:R.T.C.T. 1, L. U. D .: I ED USES z 1 j j BRUSH i !; i, ( 1 k w _ . BRUSH LOT 1 DENSE TREES BLOCK 4 -O BLS ! 22 Q - ZONED: NRPUD ZONED.` C3 /// o L . U . D .: MIXED USE I L LorD 4, MIXED 2SE // �1 I , HOME DEPOT USA ENS TREE APPROVED�1 S 40' DRAINAGE & I PRELIMINARY PLAT S' UTILITY ESMT. CRIB NO.: ZA 97-101 15' BLDG. SETBACK °s Go a = DENSE +s 20 UTILITY EASEMENT I f f T " tf '--- MAI S R ET _ N -; 47.5' DRAINAGE EASEMENT - F EAST W( I aLL —+----- - - - - 134 .00 ' i DE )TR S `-� J r 1 I _ ; Nil NORTH I % ZONED: C3 _ — C7 I % L.U.D.: MIXED USE � a - 58. 44 ' I LOT 3, BLOCK 2 T&M SOUTHLAKE DEV. CO. I N 6' EAST is 33, I ° VOL, 115?r8, PG. 825 _. I -� ! -. ,:D.R`.T.C.T. LOT a ' W d, t � I 4 ' COMMON'ACCES9 38, 533 S E ,t�EtE, [�s J_In 0.885 AC i'. "� °j'> Y i'`13i& UTILITY EASEMENT' " i —--;=�_-,- �� o (��,iii 2i Q,' 0 100.00 ,/'— rD' —ilp E Si ` _ "---------- - BLOCK 5 _ — — — — � NSEr E CE COMMON OPEN SPACE - O , � 58.00 0 of � a Q 10-N al 31.00 rO�NED: NRPU ' r 4 cD O cn ', � _� ► : , M 50 ' COMMON III ' 'sZ `" o ® uT L 58.00' �°�° 63.00 L.U.D.: MIXED SEESMT.. E'r ACCESS. '►� M d rn 94 .00 ' I =W o 0 0 36.00' of O� { - Cl:. DENSE TREES WDENSE TREES s ZONED: C3 Ocu N 20' DRAINAGE & Z" 100.00'N ' rI L.U.D.: MIXED USE _ _— b 0 a'I - S UTILITY ESMT. LOT 1, BLOCK 2 1 43.5' ' DENSE TREESLL I = DAMES P. FARRAR ' cn a LOT 8 0 rD cn r` I ; 15 UTILITY ESMT. e cu 32, 224 S.F. m Im rn v _ ®� , ® f m 0.740 AC. im o �, 65, 788 S.F. I S ti -- oi� 1.510 AC. „ „ � -, - 197 67 — f ,, N go3, 100 00 i. g,5 - - ---------------------- 5 4V------------ 4,4 7 21 ---- E"r---------- -------- -- ------------•-------------------------------------------------- - , � ----- -------------- ------ c 5� 9 30' DRAINAGE 32' BLDG. 1 RICHARD EADS SURVEY ABST. N0. 481EAST SOUTHLA BLVD. F.M. 1'709� UTILITY ESMT. I 1 r I (1 t'SETBACK OINT OF ' (, _. J.A. FREEMAN SURVEY ABST . NO . 529 — — — — — — BEGINNING '— --- BEGIN �t+;t*t-� �- - 0 1 50 100 200 (130 R.0 W ) B PEDESTRAIN�r� _NC _ --= -, . f------------------------ - - ---- - ------ - - --- --------------------- SCALE at ----- ---- --- - - -- - - - -- - --------------:---------- , SURVEY LINE i - - ,, - --- - - ------ -- 11 .._\ zoNE o i N --- : TONED: C2 ZO4ED: C2 _ I L.U.D.: MIXED USE ' W ' ZONED,` �C2 L.U.D.: MIXED USE L.U.D.: t�fIXEb' U5E ZONED: C2 LOT 1, BLOCK iL.U.D.:A L.U.D. MIXED USE LOT CA, BLOCK 1 LOT 6, BLbCK ' 4 MIXED USE S40CK & HUSSEINI JOINT VENTURE LOT iR, :BLOCK i' EARNEST E. TAYLOR MARTIN W:'SwEL' ON LOT 5, BLOCK 1 VOL. 10986, 0986, P' Z GARY A. & JANICE L. MYRONVOL. 9474, PG. 1084 D.R.T.C.T. P.R.T.C.T. VOL. 1 263.,�PC. 2227 ! t ,# t D:R.F .Ti WRBUTT eDD I T I ON WRIBUTT ADD 14 I ON NORM ADDITOON VOL. 888 e 205, PCL 10 VOL. 888 e 205, PCB. 10 CAOL F7' A,�iLI®[E 12t32 P. R. T. C. T. P. R. T. C. T. P. R. T. C. T. BOUNDARY DESCRIPTION BEING a 9.907 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, located in the City of Southlake, Tarrant County, Texas, and being a portion of a 58,019 acre tract of land conveyed by deed to Carol Jean Peterka, as recorded in Volume 8516, Page 595, Lorrie W. Beck as recorded in Volume 9799, Page 1213 and Volume 9849, Page 1215 and Leslie W. Klingman as recorded in Volume 9799, Page 1208 and Volume 9849, Page 1210, Deed Records, Tarrant County, Texas. Said 9.907 acre tract of land being more Particularly described by metes and bounds as follows: BEGINNING at a point lor corner, located in the north right-of-way line of East Southlake Boulevard - FM 1709 (a 130 foot R.O.W.), and being the southeast corner of said 58.019 acre tract, also being North 00001' 16" West, 65.00 feet and North 89°39'55" West, 20.00 feet from the southeast corner of said Richard Eads Survey; THENCE North 89°39'55" West, along said north right-of-way line of East Southlake Boulevard, for a distance of 447.21 feet to a point for corner; THENCE North, leaving said north right-of-way line, for a distance of 577.29 to a point for corner; THENCE North 30000'00" East, for a distance of 881.61 to a point for corner, said point t being in the southerly tight -of -way line of State Highway 114 Ca variable width R.O.W.), and being the point of curvature of a non -tangent curve to the l+eN having a delta of 00004'21 ", a radius of 5308.84 and it chord hearing and distance of South 61°06'32" Bast, 6.73 feet; THENCE- southeasterly, along said southerly right-of-way line of State Highway 114 -and the are of sold non -tangent curve to the left, fbr a distance of 6.73 feet to a point for corner, said point being in the west line of a tract of land conveyed by deed to Diamond Shamrock Corporation, as recorded in Volume 6812, Page 2108, Deed Records, Tarrant County, Texas; THENCE South 00°01' 16" East, leaving said southerly right-of-way line, and following along said west line of Diamond Shamrock tract, for a distance of 1340.i6 fed t+v the POINT OF BEGINNING and CONTAINING 431,570 square feet or 9.907 acres of land, more or less. I QUANTITATIVE LANn USF (;rHFnt a 1F ! PHASE 3 TOTAL EXISTING ZONING: NR PUD NR PUD & C-3 EXISTING LAND USE: ,,MIXED USE MIXED USE NUMBER OF LOTS: 6 29 GROSS ACREAGE: 9.907 AC. 128.864 AC. NET ACREAGE: 9.907 AC. 103.382 AC. ANTICIPATED COMPLETION DATE:x X * 15.571 ACRES IS ZONED C-3, THE REMAINDER IS NR PUD. * t ' FOCL BUILD OUT IS .P, 90JEC:T�D TO BE 5 TO 10 YEARS. nWNFRS CAROL JEAN PETERKA VOL. 8516, PG. 595, D.R.T.C.T. LORRIE W. BECK VOL. 9799, PG. 1213, D.R.T.C.T. VOL. 9849, PG. 1215, D.R.T.C.T. LESLIE W. KLINGMAN VOL. 9799, PG.i1208, D.R.T.C.T. VOL. 9849, PG. 1210, D.R.T.C.T. ALL OWNERS ADDRESSES: C/O COOPER & STEBBINS, L.P. 1256 MAIN ST., SUITE 240 SOUTHLAKE, TEXAS 76092 (817) 329-8400 FAX (817) 251-8717 I'' -- -'-- -- --" PRELIMINARY PLAT' BLOCKS i.22 &: 23 S 0' U' H` L A K E, T 0' W N � Q U A R t i' A 9.907 ACRE TRACT OF LAND IN THE i RICHARD EADS SURVEY, ABST. NO 481 'CITY OF SOUTHLAKE '' t` TARRANT COUNTY, TEXAS F v v'i,�1:_ 2 BLOCKS l t1.., BEING A REVISION OF PREVIOUSLY APPROVED BLOCK 18 DATE: 20 MARCH 2000 f" REVISED: 19 NOV. 2001 - INTERNAL LOT LINES SHEET 1 OF 1 DEVELOPER COOPER AND STEBBINS, L.P. 1721 E. SOUTHLAKE BLVD., SUITE 100 ' SOUTHLAKE, TEXAS 76092 (817) 329-8400,I FAX (817) 251-8717 II, ENGINEER Graham Associates.irc. is �,••.��yy �� r VUI` SU- 1 �`R7 ENGNEEFS & PLANNEM 616 SIX FLAGS DRIVE, SUITE 400 ARLINGTON, TEXAS 76011 (817) 640 8535 ` CASE NO .: .,,�7&' _ REUD DEC 032001 AOGATION EASEMENT AND RELEASE STATE OF TEXAS )( COUNTY OF TARRANT )( LOT 2R1 BLOCK 5 KNOW ALL MEN BY THESE PRESENTS: CORNERSTONE BUSINESS PARK CAB. A SLIDE 6339 WHEREAS, SOUTHLAKE CORNERSTONE BUSINESS PARK, L.P., a Texas Limited Partnership and SCBP—A L.P., a Texas Limited Partnership, hereinafter called "Owner" (whether one or more), is the owner of that certain parcel of land situated in or a within the extraterritorial jurisdiction of the City of Southlake, Tarrant and Denton Counties, Texas, being more particularly Z = o described hereon for all purposes: 00 NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1.00) DOLLAR, and other good and valuable LOT 1 BLOCK 5 LOT 3 BLOCK 5 consideration the receipt and sufficiency of which is hereby acknowledged and confessed, Owner(s) do(es) hereby waive, = Z CORNERSTONE BUSINESS PARK " CAB. A SLIDE 4010 CORNERSTONE BUSINESS PARK release, quitclaim, and forever hold harmless the City of Southlake, Texas, a municipal corporation, hereinafter call City" , CAB. A SLIDE 4010 from any and all claims for damage of any kind that Owner(s) may now have or may hereinafter have in the future by 10 \ reason of the passage of all aircraft ("aircraft" being defined or the purposes of this instrument as any contrivance now 0 50 100 200 300 400 �►1 known or hereinafter, Invented, used, or designed for navigation of or flight in the air) by whomsoever owned and operated, in the air space above Owner's property, as hereon before described, and above the surface of Owner's property such O G�� noises, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be caused by the operation of GRAPHIC SCALE �`� \ �o`� aircraft landing at or taking off from, or operating at or on the Dallas/Fort worth International Airport; and Owners do hereby SCALE: 1" = 100' �J``\ �° �� e / °" �,�, ha eagainshtthe City, �whether such lubricant gcause part cles,and all the nwhich othereffe tsit ythat may now be r becaused which or mormay have been ay in the re caused by the operation of aircraft landing at, or taking off from, or the operation and/or maintenance of aircraft or aircraft engine at or on said Dallas/Fort Worth International Airport. LOT 1 BLOCK 3 \ '�° It is binding that this release shall be agreed u assigns, and successors in interest with CORNERSTONE BUSINESS PARK / LOT 4 BLOCK 5 g g upon the Owner, their heirs and CAB. A SLIDE 4010 > CORNERSTONE BUSINESS PARK regard t0 said property located in or in the extraterritorial jurisdiction of the City Of Southlake, Tarrant County, running with \�\ / CAB. A SLIDE 4010 the land, and shall be recorded in the Deed Records of Tarrant County or Denton County, as appropriate, Texas. IRON- ROD �\N- / SETS -Executed this day of -A.D., 2001. SOUTHLAKE CORNERSTONE BUSINESS PARK, L.P., a Texas Limited Partnership OWNER'S CERTIFICATE STATE OF TEXAS )( COUNTY OF TARRANT )( WHEREAS, SOUTHLAKE CORNERSTONE BUSINESS PARK, L.P., and SCBP—A, L.P., acting by and through the undersigned, its duly authorized agent, is the sole owner of a tract of land situated in the Thomas Easter Survey, Abstract No. 474, County of Tarrant, according to the deed recorded in Volume 12873, Page 520, peed Records, Tarrant County, Texas and more particularly described as follows: w Being all of Lots 1, 2, 3, 4, and 5, BLOCK 4, of CORNERSTONE BUSINESS PARK, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A. Slide 4010, of the Plat Records of Tarrant County, Texas. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT, SOUTHLAKE CORNERSTONE BUSINESS PARK, L.P., and SCBP—A, L.P., by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the herein above described property as LOTS 1R, 2R, AND 3R, BLOCK 4, CORNERSTONE BUSINESS PARK, an addition to the City of Southlake, Tarrant County, Texas, and we do hereby dedicate the rights of way, (alleys, parks) and easements shown thereon to the public's use unless otherwise noted. WITNESS our hands at Southlake, Tarrant County, Texas this the day of 2001. SOUTHLAKE CORNERSTONE BUSINESS PARK, L.P., a Texas Limited Partnership David E. Castilla, Mananging Partner Z ADC / \�o`� �°_ X " j LOT 5 BLOCK 5 David E. Castillo, Mananging Partner ,s CORNERSTONE BUSINESS PARK LOTS 2R AND 3R C� o o F� \ �yo SCBP—A, L.P., a Texas Limited Parnershi CORNERSTONE 0 / CAB. A SLIDE 4010 P BUSINESS PARK / � 1 CAB. A SLIDE 5364 \_ 1-1\\` °� �� , �\ _ SCBP—A, L.P., a Texas Limited Parnership LOT 3R BLOCK 3 J LOTS 2R AND 3R z CORNERSTONE ►- U' BUSINESS PARK w CAB. A SLIDE 5364 o �W J z 0 J 00 LOT 4 BLOCK 3 M CORNERSTONE BUSINESS PARK CAB. A SLIDE 4010 LOT 5 BLOCK 3 CORNERSTONE BUSINESS PARK CAB_ A SLIDE 4010 I 1/2" IRON ROD -FOUND LOT 6 BLOCK 5 CORNERSTONE BUSINESS PARK CAB. A SLIDE 4010 J 1Z r� �w oa w David E. Castilla, Mananging Partner STATE OF TEXAS )( COUNTY OF TARRANT )( Whereas, GENESIS CAPITAL PARTNERS 1, LTD., acting by and through the undersigned, its duly authorized agent, is a lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. GENESIS CAPITAL PARTNERS I, LTD. 12750 Merit Drive, Suite 1175 Dallas, Texas 75251 Z z J Z STATE OF TEXAS )( COUNTY OF TARRANT )( J m �:� BEFOi f ,s he .Ivrr�xte>< ' Ined;:*uthorit , on this da ersonall appeared. Steve Williams, Agent of GENESIS CAPITAL PARfiaERS _o Cor`7 �BtOCK 5, y:. y P Y PP 9 CORNERSTONE BUSINESS PARK I, LTD:; known: to . me to be the person whose name is, subscribed to the above and foregoing instrument, and acknowledged CAB. A SLIDE 4010 to me that he executed the some for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said. GENESIS CAPITAL PARTNERS I, LTD.. GIVEN' UNDER MY HAND AND SEAL OF OFFICE an this 'the day of 2001. Notary Public in and for the'State of Texas My commission expires: J Z STATE OF TEXAS o N COUNTY OF TARRANT ){ 'I LOT 8 BLOCK 5 Whereas, GENESIS CAPITAL PARTNERS VI, LTD., acting by and through the, undersigned, its duly authorized agent, is a lien CORNERSTONE BUSINESS PARK holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. CAB. A SLIDE 4010 1/2-IRON ROD FOUND r') LOT 6 BLOCK 3 CORNERSTONE BUSINESS PARK CAB. A SLIDE 4010 I 30' BUILDINGL NE 10' UTILITY ` EASEMENT iii ` LOT 1 BLOCK 2 LOT 2 BLOCK 2 I CORNERSTONECSBUSLIDE 4010 PARK CORNERSTONECAB. A SBUSINESS 40 0 PAR \ \ SH NO 114 CFM f sot/ T yCA e epUteV qR0 J J a m J o m ooi O J a J_ Z (N SITE LOCATION MAP Steve Williams, Agent for GENESIS CAPITAL PARTNERS VI, LTD. 12750 Merit Drive, Suite 1175 Dallas, Texas 75251 STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE ME, the undersigned authority, on this day personally appeared Steve Williams, Agent of GENESIS CAPITAL PARTNERS LOT 1. BLOCK 1 V1. LTD., known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged NERSTONE BUSINESS PARK to me that; he executed the some for the purposes and consideration expressed and in the capacity therein stated, and as CAB. A SLIDE 4010 the, act and .deed .of said GENESIS CAPITAL PARTNERS VI, LTD.. -"GIVEN UNDERNY HAND ANQ: SEAL OF OFFICE an this the day of 2001. We, the undersigned, as duly authorized representatives of the respective utility companies, hereby express no objection to the abandonment of the easement so noted on this plat, said easement being previously recorded in Cabinet A. Slide 4010 of the Plat Records of Tarrant County, Texas. Texas Utilities Electric Tri—County Electirc Cooperative, Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: GTE Central, Inc. Lone Star Gas Company Signed: Signed: Printed Name: Printed Name: Title: _ Title: Date: Date: Marcus Cable r .. Signed:_;, a Printed Name: Title: Date: Notary Public in and for the State of Texas My commission expires: NOTES : 1. SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF STATE LAW AND CITY ORDINANCE AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 2. THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO REQUIRE MINIMUM FINISH FLOOR ELEVATIONS ON ANY LOT CONTAINED WITHIN THIS ADDITION. THE MINIMUM ELEVATIONS SHOWN ARE BASED � ON THE MOST CURRENT INFORMATION, AVAILABLE AT THE TIME THE PLAT IS FILED AND MAY BE SUBJECT TO CHANGE. ADDITIONAL LOTS, OTHER THAN THOSE SHOWN, :'MAY BE SUBJECT TO MINIMUM FINISH FLOOR CRITERIA. 3. THE OWNERS OF ALL CORNER LOTS SHALL MAINTAIN SIGHT TRI— ANGLES IN ACCORDANCE WITH THE ' CITY SUBDIVISION ORDINANCE. 4. BASIS OF BEARINGS - -RECORDED'- PLAT 5. ALL IRON RODS; SET4 ARE 1 /2" IRON RODS WITH PLASTIC CAP STAMPED "JDJR". APPROVED BY THE PLANNING & ZONING COMMISSION DATE: CHAIRMAN P&Z SECRETARY APPROVED BY THE CITY COUNCIL DATE: MAYOR CITY SECRETARY LOTS 1R, 2R, AND 3R, BLOCK 4 CORNERSTONE BUSINESS PARK CITY CASE NO. : ZA 01-114 David E. Castilla, Mananging Partner STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE ME, the undersigned authority, on this day personally appeared David E. Castilla, Managing Principal of SOUTHLAKE CORNERSTONE BUSINESS PARK, L.P., a Texas Limited Partnership, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said SOUTHLAKE CORNERSTONE BUSINESS PARK, L.P. GIVEN UNDER MY: HAND AND SEAL OF OFFICE, on this the day of 2001. Notary Public in and for the State of,- Texas My Commision Expires STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE ME. the undersigned authority. on this day personally appeared David E. Castilla, Managing Principal of SCISP—A, LP.. o Texas Limited Partnership, known to me to be the person vrhose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said SCBP—A, LP. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2001. Notary Public in and for the State of Texas My Commision Expires : SURVEYOR'S CERTIFICATION THIS is to certify that I, Michael Dan Davis, a Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that ai lot corners, and angle points, and points of curve shall be properly marked on the ground, and that this plat correctly represents that survey made by me or under my direction and supervision. DATED this the day of _ _ ___ _ _ 2001. OF T Michael Dan Davis ..............e ms . Registered Professional Land Surveyor #4838 MICHAEL DAN DAMS 45M 0 q/a °e s S � �. •'-lam SUR,4 JDJR FILE NO.: s —1-01