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2001-11-26 CC PacketCity of Southlake, Texas MEMORANDUM November 19, 2001 TO: Billy Campbell, City Manager FROM: Shana K. Yelverton, Assistant City Manager (ext. 1429) SUBJECT: Resolution No. 01-071, Approving the terms and conditions of a contract for election services between the City of Southlake and the Southlake Crime Control and Prevention District Action Requested: Approval of Resolution No. 01-071. Background Information: The Southlake Crime Control and Prevention District was initially authorized by voters in November 1997 and will dissolve, or sunset, in April 2003. Chapter 363 of the Local Government Code provides that districts may be continued, or reauthorized, upon approval by Southlake voters. The Board has discussed the possibility of district continuation for a number of months and has indicated a desire to hold the continuation referendum on February 2002. Given the City Secretary's experience with conducting elections, it would be preferable to work with the city rather than have the District conduct its own election. The attached resolution provides for the City of Southlake to conduct the election on behalf of the board. Exhibit A outlines the terms and conditions under which the election will be conducted. Financial Considerations: Funds to conduct this election were included in the City's general fund budget. Citizen Input/ Board Review: The Southlake Crime Control and Prevention District Board of Directors will consider the agreement at the November 19, 2001 board meeting. Legal Review: The City Attorney prepared Resolution No. 01-071. Alternatives: The City Council may choose to have the Board conduct its own election. Supporting Documents: Resolution No. 01-071, including Exhibit A, Contract for election services between the City of Southlake and the Southlake Crime Control and Prevention District. RESOLUTION NO. °.�i A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A CONTRACT FOR ELECTION SERVICES BETWEEN THE CITY OF SOUTHLAKE AND THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT: AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 791 of the Texas Government Code (tho "Interlocal Cooperation Act") authorizes local governments, including special districts, to ontract with one another to Increase their efficiency and effectiveness; and WHEREAS, the City Council has been presented with a proposed contract by and between the City of Southlake and the Southlake Crime Control and Prevention District to provide election services for a February 2, 2002 special election on whether to continue the Crime Control and Prevention District and the sales tax therefor, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called the "Contract"); and WHEREAS, upon full review and consideration of the Contract and all matters attendant and related thereto, the City Council is of the opinion that the Contract will increase the efficiency and effectiveness of the parties to the Contract. NOW, THEREFORE, BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY F SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council finds that the terms of the Contract will increase the elficiency and effectiveness of the City of Southlake and the Southlake Crime Control ano Prevention District and otherwise meet the criteria of the interlocal Cooperation Act, Section 791 of the Texas Government Code. P34*iLr *I Tip The terms and conditions of the Contract, having been reviewed by the City Council and found to be acceptable and in the best interest of the City and its citizens, are hereby approved. �< , The City Manager is hereby authorized to execute the Contract and all other documents in connection therewith on behalf of the City substantially according to the terms and conditions set forth in the Contract. 1Swttuake%Re3olut=s%Cnnt9 Con" conV"vIL Md (11/1y01) r+pl 1 , PA"W AND APPROVED 96 Me � day of . 2001. ATTEST: Sandy LeGrand. OyAwoolmy L A a Rick Stacy. Mayor m � ZUR911=uV CONTRACT FOR ELECTION SERVICES BETWEEN TJECRYOF SOUTHLAKE AND THE SOUTHLAKE CRW CONTROL AND PMVENTION DISTRICT P. 15 IL %Soum+ak*%A"0lUb06$%Cnnes ConW C40#W.Wod (t 1115MI) pop 3 CONTRACT FOR ELEOMIN, SORIMS CITY OF SOUTHLAKE AND THE SOUTHLAW111111111111W OONTROL AMPONEVEWTION DISTRICT THIS CONTRACT is made this day of , 2001, by and between the City of Southlake (hereinafter referred to as "the City"), acting by and through its City Manager, and the Southlake Crime Control and Prevention District (hereinafter referred to as "the District"), acting by and through its president, and by authority of Texas Government Code Section 791, (the "Intedocal Cooperation Act"), authorizing local governments to contract with one another, for the matters related to the special election to be held on February 2, 2002. �:4;1• - • • The District has called an election, to be held on February 2, 2002, for the purpose of determining whether to continue the District and the sales tax adopted therefor. The City agrees to conduct said election on behalf of the District under the terms set forth herein. The District shM ber p vfo and shall furnish the following services: l(lilw (a) Adopt Order caft t r-*special elowtionlabe held on February 2, 2002 to determine whedw voters desire to conillilloft the Southlake Crime Control and Prevention Dilstrict and the Crime Cow wild Prevention District sales tax. (b) Canvass the returns of the February 2, 200election. (c) Determine and declare by Omer the fine reouft of the February 2, 2002 election. a.d .� . , ♦ 4 -: 7 7 71 The City shall be responsible for making reasonable decisions concerning establishing election procedures and conducting the election, including, but not limited to the following duties: (a) Detemdne the (b) Appoint elealllenjoi$re election i decks. (c) Set the corn es and W:ftuftsk•MC rm A0*Wft .wpd (11MMI) Pays 1 (d) Establish the nxWwd of voting. (a) Publish and post the notice of the election. (f) Establish procedures for early voting. (g) Prepare submissions to the United Mates Justice Department. (a) Nothing contained in this contract shall authorize or permit a change in: (1) the officer with whom or the place at which any document or record relating to the election is to be filed; (2) the place at which any function is to be carried out; (3) the officer who will serve as cuslDftn of the voted ballots or other election records; or (4) any other nontrensfarable functions specified by the Texas Election Code. (b) The parties represent that the personsoft this Contract on their behalf has been fully authorized to do so-by-Aheigoverning body of the respective party. (c) The City shall pay all expenses attributable to conducting the election. RIEPTEDIq *. This Contract is executed and agreed to on thisthe day of , 2001 by the City of Southlake and the Southlake Crime Control & Prevention District. By: Billy Campbell, City Manager City of Southlake, Texas By: Martin Schelling, President Southlake Crime Control and Prevention District W:1SoudgaksCrtme ApnMmntl.wpd (1v16/01) Pap 2 NOV-15-2001 THU 04:56 PM TAYLOR OLSON ADKINS FAX NO, 817 332 4740 P. 09 RESOLUTION NO. 1- d -7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING PROCEDURES FOR A SPECIAL ELECTION TO BE HELD ON FEBRUARY 2, 2002; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Southlake Crime Control and Prevention District (the "Board") has called a special election to be held on February 2, 2002, for the purpose of continuing the sales and use tax of 1/2 of 1 % within the City of Southlake for the support of crime reduction programs of the Crime Control and Prevention District created pursuant to Chapter 363 of the Texas Local Government Code; and WHEREAS, the City of Southlake has entered into an agreerient with the Board for the City to administer the February 2, 2002 election on behalf of the Board; and WHEREAS, by this Resolution, it is the intention of the City Council to designate polling places for the election, to appoint the necessary election officers ano to establish and set forth procedures for conducting the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. POLLING PLACE. The polling place for all precincts of the City for the February 2, 2002, special election shall be Southlake Town Hail, 1400 Main Street, Southlake, Texas. The polls shall be open from 7:00 a-m. to 7:00 p.m. on election day, in accordance with and pursuant to the requirements of the Texas Election Code. SECTION 2. APPOINTMENT OF _ ELECTIONJUDGE AND ALTERNATE ELECTION JUDGE. The following named individuals, residing at the respective addresses are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: PRESIDING JUDGE: Karen Cienki, 803 Shadow Glen Drive, Southlake, Texas ALTERNATE JUDGE: Pattie Minder, 223 Eastwood Drive, Southlake, Texas The Presiding Judge and Alternate Judge shall be qualified voters of the City. The City Secretary shall, in accordance with Section 32.009 of the Election Code, deliver to the ELECTION 2002-RESOLUTION PAG 1 0f a W.%3awaa"%Cn rAW—%AN ftMamnA.—W Pro —gk c-w 0105.101) NOV-15-2001 THU 04:57 PM TAYLOR OLSON ADKINS FAX NO, 817 332 4740 P. 10 1. Presiding Judge and the Alternate Judge, notice of their appointments not later than twenty (20) days from the effective date of this Resolution. The City Secretary shall, in accordance with Section 4.007 of the Election Code, deliver to the Presiding Judges and the Alternate Judge notice of the election not later than fifteen (15) days from the date of the election. SECTION 3. APPOINTMENT OF CLERKS. The Presiding Judge shall appoint two Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. SECTION 4. COMPENSATION OF THE ELECTION JUDGES AND ELECTION CLERKS. The Presiding Judge, Alternate Judge and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. SECTION 5. METHOD OF VOTING. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the special election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. SECTION 6. GOVERNING LAW AND QUALIFIED VOTERS. The Election shall be held in accordance with the Constitution of the State of Texas and the Election Code, and all resident qualified voters of the City shall be eligible to vote at the election. SECTION 7. PUBLICATION AND POSTING OF NOTICE OF ELECTION. Notice of the election shall be published twice, no earlier than January 6, 2002 and no later than January 13, 2002, in the newspaper in accordance with the provisions of the Election Code. Additionally, notice shall be posted no later than December 28, 2001, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, February 2, 2002. SECTION B. EARLY VOTING. Early Voting by personal appearance shall be conducted between the hours of 8:30 a.m. and 5:30 p.m. on each day which is not a Saturday, Sunday, or an official State holiday, beginning on January 16, 2002, and continuing through January 29, 2002. In addition, extended voting hours shall be conducted on January 26, January 28 and January 29, 2002. Early Voting hours shall include: Wednesday January 16, 2002 8:30 a.m. to 5:30 p.m. Thursday January 17, 2002 8:30 a.m. to 5:30 p.m. Friday January 18, 2002 8:30 a.m. to 5:30 p.m. Saturday January 19, 2002 Closed Sunday January 20, 2002 Closed ELECTION 2002-RESOLUTION PAGE 2 of 4 W40u"akmcnm, f<AroNAoaNMl4 atbnWM.d P,P M-1 ROS0 ,Pd .1 NOV-15-2001 THU 04:57 PM TAYLOR OLSON ADKINS FAX NO, 817 332 4740 P. 11 Monday January 21, 2002 Tuesday January 22, 2002 Wednesday January 23, 2002 Thursday January 24, 2002 Friday January 25, 2002 Saturday January 26, 2002 Sunday January 27, 2002 Monday January 28, 2002 Tuesday January 29, 2002 Closed 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 10;00 a.m. to 2:00 p.m. Closed 8:30 a.m. to 7:00 p.m. 8:30 a.m. to 7:00 p.m, Early Voting by personal appearance shall be held at the Office of the City Sec;retary, 1400 Main Street,Suite 270, Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than December 4, 2001, and not later than the close of business on January 25 , 2002. Early Voting, both by personal appearance and by mail, shall be by electronic voting machines and shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Judge and the Alternate Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. SECTION 9. SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT. The Secretary of the City of Southlake, or the City Attorney, is authorized to make such submissions as are necessary to the United States Justice Department to seek pre- clearance as required by law. SECTION 10. DELIVERY OF RETURNS. In accordance with the Election Code, immediately after the closing of the polls on the day of the election, the election officers named in this Resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Election Code. SECTION 11. NECESSARY ACTIONS. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Election Code in carrying out and conducting the election, whether or not expressly authorized herein. SECTION 12. EFFECTIVE DATE. This Resolution shall be effective upon its adoption. ELECTION 2002-RESOLUTION PAGE 3 of 4 W dawwoAetwom CommMaawrlant tamPb tdd ProceCuroe Rawl.w" 01110M 11 NOV-lb-2001 THU 04:57 PM TAYLOR OLSON ADKINS FAX NO 817 332 4740 P. 12 PASSED AND APPROVED this the day of December, 2001. CITY OF SOUTHLAKE, TE;tAS MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY ELECTION 2002-RESOLUTION PAGE W:IiOWaLLtlCMr CotioM�lNaM�MaatO Vnr�a.ru RasM...pO (� �nsroll Eli City of Southlake, Texas MEMORANDUM November 15, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Award of bid to Green Scaping for trail construction at Bicentennial Park and Royal and Annie Smith Park. Action Requested: City Council award of bid to Green Scaping in the amount of $167,840 for trail construction at Bicentennial Park and Royal and Annie Smith Park, plus a $5,000 project contingency, for a total amount not to exceed $172,840. Background Information: Bicentennial Park offers the most in athletic facilities with the completion of phased construction. The proposed trail would circle predominantly around the easterly perimeter of the park connecting existing trails and sidewalks to the planned Traffic Management Bond (TMB) trail along North White Chapel. Trail width will vary in selected areas as indicated on the attached exhibit. Construction of the trail will replace the old asphalt trail that has deteriorated over the past years. Royal and Annie Smith Park is a 13 acre undeveloped park adjacent to the eastern boundary of Florence Elementary. The proposed eight -foot trail would provide a northern loop within the park as well as connect the planned off -road sidewalk along Johnson Road to the southern entrance of the school. Financial Considerations: The low bid submitted by Green Scaping for trail installation totals $167,840. Funding in the amount of $100,000 has been allocated in the Fiscal Year 1998- 99 SPDC budget for Bicentennial Park trail improvements. Funds remaining equal $99,747.64. Funding in the amount of $50,000 has been allocated in the Fiscal Year 1999- 2000 SPDC budget for Royal and Annie Smith Park. Funds expended for the demolition and removal of existing structures and debris equal $7,360 for a remaining fund balance of $42,640. Total funds available for trail construction amount to $142,387.64. Staff recommends funds of approximately $30,000 be used from the Neighborhood Park improvements line item ($150,000) to make up the difference and to provide a contingency of $5,000. Billy Campbell, City Manager November 15, 2001 Page 2 Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: Staff met with Florence Elementary Principal, Mrs. Petit for input and approval on the proposed trail for Royal and Annie Smith Park. The conceptual design of the trail for Bicentennial Park was included in the approved Parks, Recreation and Open Space Master Plan. Park Board approved the trail design at their September, 2001 meeting. SPDC will consider this item at their meeting on November 26, 2001 prior to the City Council meeting. Process followed State bidding procedures. Approve or reject the bids as submitted. - Bid Tabulation. - Bicentennial Park Trail Exhibit - Royal and Annie Smith Park Trail Exhibit City Council award of bid to Green Scaping in the amount of $167,840 for trail construction at Bicentennial Park and Royal and Annie Smith Park, plus a $5,000 project contingency, for a total amount not to exceed $172,840. C.(-P. Id -Zmz. C" M&,76 -row ., ROYAL Al-L ,AoJJIF. 5httrrPARk rl 73dWO -WRM Tuy Ll I w lz fit w *44. HIM 1 4rD 64 ..... . ..... .. C O Co 75 N c FL- W L U C O ` u O 0 N N L a� N 0 z C C N a O 0 T 0 O O co co O 60 O .. r: C M IT\ O O o `O LO � COD 6F? Fc(o,4 E9 O � O 0 O � O E9 O C V N 69 H cS C 8 o i n, 60 � U a N E co Y 0 'E a C L. m a_ .0 = o LO N N C C'1 E C M m z m 000o00C�O0 o 00000000o 0 LO00000000 U) O L N O O CDr--0L700000 O O O O O O N co 1� O N C CO CA � CM C 6% 613i tfi Cfl 69 69 69 69 69 N O O O O O O LO 0 0 0 0 0 NItCC) 0OO vCV) N0000 M Eq E9 64 E9 69 69 if} O O O O O O O O O O 0 O N 0 0 0 0 0 o w M L O M o OOCOI�ON 00 00 00 V O In ti LnI--0 r r NCACOON �NmO� 69 6c> 69 69 69 69 69 69 6F! 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U O❑ LL L 0 D O O C to N ❑ C C O O CV > = 5 CO 0 0 - x L w �- a a =-'='=-cn=cncncn O O to In _J 0 J _J _JLO m C O LOOMN ++ a O E a rNM��COh00CA � m zzzzzzzzz City of Southlake, Texas MEMORANDUM November 15, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Approval of the Interlocal Agreement for Joint Use of CISD Carroll Intermediate School Playing Field Action Requested: City Council approval of the Interlocal Agreement for Joint Use of CISD Carroll Intermediate School Playing Field. Background Information: The proposed interlocal agreement for Carroll Intermediate School playing field comes directly as a result of the proposed lighting of the field and use by local youth sports associations. The City, through the FY 2001 /02 Southlake Parks Development Corporation (SPDC) CIP, allocated $150,000 for the construction of lights at the Carroll Intermediate School playing field. The new lights would replace those that were removed due to their age and poor condition. City and CISD staff have worked together over the past several months to develop a draft interlocal agreement for use of the proposed lighted field. Key points of the draft interlocal agreement include: ■ The City shall allocate $150,000 towards the construction of the proposed lights and oversee their construction while coordinating with the CISD. ■ A field maintenance fee will be established in accordance with the field maintenance fees already in place for youth sports associations. _ The City and the CISD will split the fees collected with fifty percent going to each entity. ■ The City shall remain the owner of the lights and associated equipment purchased and installed by the City. Furthermore, the City agrees to maintain the lighting and equipment for as long as it is in place. ■ The City will install a separate meter for the lights and be responsible for all electrical costs associated with them. ■ The CISD agrees to establish turf and shall maintain the field through proper mowing, aeration, irrigation and fertilization. The City will be responsible for any marking or lining of the field. Billy Campbell, City Manager November 15, 2001 Page 2 ■ City use shall be from 4:30 p.m. until 10:00 p.m. on Monday -through Friday, 8:00 a.m. until 10:00 p.m. on Saturdays, and 10:00 a.m. to 9-:00 p.m. on Sundays. (The City does not currently have any usage scheduled for the months of June, July, and August.) ■ With the exception of pre -scheduled games, the CISD reserves the right to use the field beyond 4:30 p.m. during the week, or anytime on Saturday and Sunday for special school functions. CISD agrees to make every effort to provide appropriate prior notification. ■ Term of the agreement shall be for a period of no less than five years and shall be automatically extended for additional five year periods unless either party provides ninety days prior written notice of their intent to terminate. If approved, the lights would be scheduled to begin construction in January and would take approximately six to eight weeks to complete. Financial Considerations: The SPDC CIP allocates $150,000 in year 2001/02 for the purchase and installation of sports field lighting. Citizen Input/ Board Review: Funding for lights was approved by the SPDC at their September 18, 2001 meeting. City and CISD staff have discussed this issue on several occasions since that time. The Joint Utilization Committee recommended approval of the Agreement at their November 8, 2001 meeting (6-0) . The Southlake Parks Development Corporation (SPDC) will consider this item at their November 26, 2001 meeting prior to City Council. Results will be provided to City Council prior to their meeting. The Carroll Independent School District Board of Trustees will consider the proposed Agreement at their December 10, 2001 meeting. Legal Review: The proposed agreement was modeled after the previously reviewed and approved Joint Use Agreement for the Carroll Independent School District Natatorium. Alternatives: Input towards the proposed interlocal agreement as desired. Supporting Documents: Supporting documents include: Billy Campbell, City Manager November 15, 2001 Page 3 ■ Proposed Interlocal Agreement for Joint Use of Carroll Independent School District Carroll Intermediate School Playing Field. Staff Recommendation: City Council approval of the Interlocal Agreement for Joint Use of Carroll Independent School District Carroll Intermediate School Playing Field. INTERLOCAL AGREEMENT FOR JOINT USE OF CARROLL INDEPENDENT SCHOOL DISTRICT CARROLL INTERMEDIATE SCHOOL PLAYING FIELD STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized City Council, referred to as the "City," and the Carroll Independent School District, a special purpose unit of government organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "CISD", for documenting the joint use by the City of the CISD playing field located on the Carroll Intermediate School (CIS) campus at 1101 Carroll Avenue. WITNESSETH: WHEREAS, both the City and the CISD have determined the need for providing practice and game fields for youth sports within the community; and WHEREAS, Chapter 791, Government Code, and Section 271.102, Local Government Code authorize school districts and cities in the State of Texas to contract with one another for the providing of various governmental functions and services; and WHEREAS, Carroll Intermediate School currently has in place a previously lighted playing field; and WHEREAS, the City, through the Southlake Parks Development Corporation, has committed to allocating up to $150,000 towards the construction of sports lighting on the Carroll Intermediate School playing field; and WHEREAS, both the City and CISD could benefit from the joint use of a lighted playing field; and WHEREAS, the CISD, through its Board of Trustees, and the City, through its City Council, desire to cooperate with one another in the joint use of facilities for the enjoyment and benefit of all Southlake and CISD citizens. NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the CISD and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the CISD do hereby contract, covenant, warrant and agree as follows: November 15, 2001 - Page 1 I. ADMINISTRATION The CISD Superintendent or his or her designee and the City Manager or his or her designee shall be responsible for implementing and administering the policies and procedures as set forth in this Agreement. II. FUNDING The City shall allocate a total amount not to exceed $150,000 towards the construction of sports field lighting at the Carroll Intermediate School playing field. Funding in the amount of $150,000 is available through the City's Southlake Parks Development Corporation fiscal year 2001/02 capital improvements budget. The City agrees to oversee the construction of such sports lighting in cooperation and coordination with the CISD. A field maintenance fee will be established by the City, in accordance with field maintenance fees already in place, and assigned to the group utilizing the facility. The field maintenance fee assists in covering a portion of the cost of lighting and maintaining the facility. The City will retain fifty percent of the fees collected and provide to the CISD the remaining fifty percent. III. OPERATIONS AND MAINTENANCE The City shall remain the owner of any and all sports lighting and associated equipment purchased and installed by the City. The City agrees to maintain the sports lighting and associated equipment for as long as it is in place and up to and including its eventual removal. The City agrees to pay for the electrical costs associated with the use of the sports lighting and a separate meter assigned to the City shall be established. The City shall also be responsible for any marking or lining of the field as may be required by the user group. The CISD agrees to establish turf with appropriate irrigation on the playing field and shall maintain the grounds through proper mowing, aeration, and fertilization. The CISD shall be responsible for all maintenance and operating costs associated with the aforementioned functions. IV. FACILITY USAGE The City shall have use of the playing field Monday through Friday from 4:30 p.m. until 10:00 p.m., on Saturdays from 8:00 a.m. until 10:00 p.m., and Sundays from 10:00 a.m. until 9:00 p.m. The City will have the ability to assign the use of the field during these times and shall submit to the CISD a practice and/or game schedule for each year including the names of each assigned associations and their respective contact information. With the exception of pre -scheduled games, the CISD reserves the right to use the field November 15, 2001 - Page 2 beyond 4:30 p.m., Monday through Friday or anytime on Saturday or Sunday, for special school functions. The CISD agrees to make every effort to provide the appropriate prior notification to the City so that scheduling conflicts can be avoided. V. INDEMNIFICATION With respect to the CISD Property, the City does hereby agree, insofar as permitted by law, to hold harmless the CISD from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the CISD Property for a City activity during the time the City is conducting the activity on the CISD Property. The liability insurance policy carried by the CISD and by the City, shall name the other party as an additional insured with respect to joint use facilities, to the extent as permitted by law. VI. TERM The term of this Agreement shall be for a period of no less than five (5) years beginning from the date of execution of this Agreement. This Agreement shall be automatically extended for additional five (5) year periods. This Agreement may be terminated by either party at any time following the completion of the initial five (5) year Agreement by providing ninety (90) days written notice to the other party. The CISD agrees to work in good faith with the City to allow appropriate time for the City to remove the sports lighting to include poles, fixtures, and associated electrical requirements should the Agreement be terminated. If the term of any addenda attached hereto remains in full force and effect past the termination date of this agreement, then this Agreement shall also remain in full force and effect until expiration or termination of the addenda. This Agreement and any exhibits shall be reviewed by both parties on an "as -needed" basis and may be amended only if agreed upon by both parties. IX. ENCUMBRANCES Neither party to this Agreement shall, without first obtaining written consent of the other party, transfer, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet the CISD Property or any part thereof. XI. CLAIMS Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or immunities provided to the parties under the Texas Tort Claims Act, Sections 10 1.00 1 et seq., of the Texas Civil Practice and Remedies Code. November 15, 2001 - Page 3 XII. ADDITIONAL AGREEMENTS �W This Agreement contains all of the agreements made by and between the parties hereto regarding the joint use of the CIS playing field and shall supersede the provisions regarding the CIS playing field contained within the Interlocal Agreement for Parks, Playground, and Other Recreation Facilities, and no additional agreements or understandings shall be applicable to the use of CIS playing field unless first agreed to, in writing, by the parties. XIII. NOTICES Any notice given pursuant to this Agreement shall be given in writing and delivered or mailed by Certified or Registered United States Mail, postage prepaid, addressed as follows: If to City: City of Southlake Attn: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 If to District: Carroll Independent School District Attn: Superintendent 1201 North Carroll Avenue Southlake, Texas 76092 The designation of the person to whom, and the place to which notices are to be mailed or delivered may be changed from time to time by either party giving notice to the other party. XIV. MISCELLANEOUS PROVISIONS By execution of this Agreement, each party represents to the other that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perform; b. The undersigned officer or agent of the party has been properly authorized by that parry's governing body to execute this Agreement and that any necessary resolutions extending such authority have been duly passed and are now in effect; C. All payments required or permitted to be made by a party will be made from current revenues available to the paying party; and d. All payments provided to be made hereunder by one party to the other shall be such amounts as to fairly compensate the other party for the services or functions performed hereunder. XV. VENUE November 15, 2001 - Page 4 This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is filed by either party arising out of the terms and provisions of this Agreement, venue for the lawsuit shall be in Tarrant County, Texas. XVI. SEVERABILITY The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph, or other part of this Agreement should be determined to be invalid by a Court or a Federal or State Agency, Board, or Commission having jurisdiction over the subject mater thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. XVII. NON-DISCRIMINATION The District, in the execution, performance, or attempted performance of this Agreement, will not discriminate against any persons because of their age, sex, race, religion, color, or national origin, nor will the District permit its agents, employees, subcontractors, or participants to engage in such discrimination. XVIII. NON -WAIVER The failure of the City or the District to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's or the District's right to assert or rely upon such term or right on any future occasion. The parties agree that this Agreement may be executed in multiple counterparts, each having the same force and effect. CITY OF SOUTHLAKE (CITY) By: Rick Stacy, Mayor Date: CARROLL INDEPENDENT SCHOOL DISTRICT (CISD) By: Robert Glover, President Board of Trustees Date: ATTEST: ATTEST: November 15, 2001 - Page 5 Sandra LeGrand, City Secretary Steve C. Harold, Secretary Board of Trustees November 15, 2001 - Page 6 City of Southlake, Texas MEMORANDUM November 15, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Approval of Interlocal Agreement for Park, Playground and Other Recreation Facilities as amended Action Requested: City Council approval of the Interlocal Agreement for Park, Playground and Other Recreation Facilities as amended. Background Information: The Interlocal Agreement for Park, Playground and Other Recreational Facilities is a tool to guide the implementation of joint use facilities between the City of Southlake and the Carroll Independent School District. As a result of the addition of new CISD facilities, City and CISD staff members, under the direction of the JUC, met to discuss facility needs and availability. Based on those discussions, the following amendments are proposed: ■ Exhibit A — Joint Use Facilities (page 7) Old Union Elementary(Available Fall of 2002) Location Open play area (soccer fields) West -across channel Backstop practice area South of visitors parking Carroll Intermediate Location Six (6) outdoor basketball goal (in place of old inline hockey rink) ■ Exhibit A — Joint Use Facilities (page 8) Eubanks Intermediate/Dawson Middle School Location Gymnasium Eubanks Intermediate Multi purpose fields (Available Fall of 2002) S. W. corner of property Facility exhibits have been added to the Agreement as appropriate. All other sections of the Agreement remain unchanged at this time. Financial Considerations: Not Applicable. Citizen Input/ Board Review: This item was discussed by the Joint Utilization Committee at their September 13, 2001 meeting. At this time City and Carroll I.S.D. staff Billy Campbell, City Manager November 15, 2001 Page 2 committed to revise the Agreement as discussed and bring forth a proposal for review and consideration. The Joint Utilization Committee approved recommendation of the proposed Agreement at their November 8, 2001 meeting (6-0). The Carroll Independent School District Board of Trustees will consider the amendments to the Interlocal Agreement at their December 10, 2001 meeting. Legal Review: Not Applicable. Alternatives: Input towards the proposed revisions as desired. Supporting Documents: Supporting documents include: ■ Proposed Interlocal Agreement for Park, Playground and Other Recreation Facilities as amended. Staff Recommendation: City Council approval of the Interlocal Agreement for Park, Playground and Other Recreation Facilities as amended. INTERLOCAL AGREEMENT FOR PARK, PLAYGROUND AND OTHER RECREATION FACILITIES STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City," and the Carroll Independent School District, a special purpose unit of goverrunent organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "District." WITNESSETH: WHEREAS, the District presently maintains and operates several school campuses, athletic facilities, and playgrounds in the City and plans for more school sites, athletic facilities, and playgrounds in the City in the future; and WHEREAS, the City presently maintains and operates several parks, athletic facilities, and playgrounds and plans for more parks, athletic facilities, and playgrounds in the future; and WHEREAS, both the City and the District have determined the need for providing certain recreational facilities for schools, as well as for the general public; and WHEREAS, both the City and the District have recognized that the joint use of school recreational facilities and City recreational facilities can benefit both entities, recognizing that school properties and facilities are intended primarily for school purposes and that the educational needs of children are the highest priority; and WHEREAS, the District, through its Board of Trustees, desires to continue to cooperate with the City, through its City Council, in the joint construction, funding, operation, maintenance and/or use of certain recreational joint -use facilities for the enjoyment and benefit of all citizens. NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the District and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the District do hereby contract, covenant, warrant and agree as follows: WcontractsUUCInterloea12001RevisedDrati.doc November 15, 2001 1. SCHEDULING (A) The District Superintendent or his or her designee and the City Manager or his or her designee shall be responsible for implementing and administering the scheduling policies of this Agreement. (B) The City shall be entitled to use the District recreational properties listed on Exhibit "A" attached hereto (hereinafter referred to as the "District Property"). The District shall be entitled to use the City recreational properties listed on Exhibit "A" attached hereto (hereinafter referred to as the "City Property"). Exhibit "A" shall be reviewed and updated annually, and approved by the District Superintendent and the City Manager. (C) The City shall be entitled to priority use of the District Property upon approval by the District of a schedule of City activities and programs. A schedule of City activities and programs utilizing District Property shall be submitted three times per year in accordance with the following schedule: Summer (June - August): submit by January 31; approved by Feb. 15 Winter (September — December) submit by April 30; approved by May 15 Spring (January - May) submit by September 30; approved by October 15 The District shall approve the schedule as submitted, or with any modifications deemed necessary by ' the District. The City may use the District Property for its authorized activities and programs; and if available, for activities and programs not on the approved schedule. (D) The District shall be entitled to priority use of the City Property upon approval by the City of a schedule of District activities and programs. A schedule of District activities and programs utilizing City Property shall be submitted three times per year in accordance with the following schedule: Summer (June - August): submit by January 31; appr-oved by Feb. 15 Winter (September — December) submit by April 30; approved by May 15 Spring (January - May) submit by September 30; approved by October 15 The City shall approve the schedule as submitted, or with any modifications deemed necessary by the City. The District may use the City Property for its authorized activities and programs, and if available, for activities and programs not on the approved schedule. II. SCHEDULE CHANGES The District Superintendent and his or her designee and the City Manager and his or her designee are authorized to make changes to the approved schedule of activities as they may agree upon throughout the term of this Agreement. III. PUBLIC RESERVATIONS WcontractsUUC(nterloea1200IRevisedDrafl.doc November 15, 2001 2 - Reservations of the joint -use facilities may be made by the general public on a first -come, first -serve basis, subject to the prior scheduling by the District and City. All reservations for joint -use facilities as outlined in Exhibit "A" will be coordinated through the owner of the facility, be it the District or City. IV. MINOR MAINTENANCE Generally, the District shall be responsible for maintaining the District Property; and the City shall be responsible for maintaining the City Property. Maintenance will include, but is not limited to, janitorial services; utilities; minor (less than $5,000) maintenance, repair, or replacement; and general upkeep and grounds care. The user of the facility shall have the option to perform the minor repairs under their applicable procedure, and shall notify the owner of any repair work performed. Minor maintenance (under $5,000) of joint -use facilities should be performed using the applicable work order procedure of the City or District. General oversight of maintenance costs of such joint -use facilities will be the responsibility of a Joint -Use Management Committee consisting of the City Manager and/or his designee, and the District Superintendent and/or his designee, who shall meet on a quarterly basis. Specific minor maintenance costs for which cost -sharing will be addressed by the Committee are listed in an exhibit attached hereto as Exhibit "B". For planning purposes, the District shall submit a Summer schedule for maintenance items to the City no later than December 313t of each year. V. MAJOR MAINTENANCE Major maintenance, repair, replacement, or improvements of joint -use facilities, which cost over $5,000 per occurrence, and only if approved by the District and the City, will be the joint responsibility of the District and the City. If either party declines, then the other party has the right to perform the maintenance, repair, replacement, or improvement, and assume the full financial responsibility thereof. The District and City budgeting process should allocate for major planned maintenance needs. General oversight of maintenance costs of such joint -use facilities will be the responsibility of a Joint - Use Management Committee consisting of the City Manager and/or his designee, and the District Superintendent and/or his designee, who shall meet on a quarterly basis. Specific major maintenance costs for which cost -sharing will be addressed by the Committee are listed in an exhibit attached hereto as Exhibit `B". VI. USER RESPONSIBILITIES The user of a joint -use facility shall furnish and supply all materials and supplies necessary for carrying out its program and shall be subject to the reasonable rules and regulations set by the respective governing body, or other designated entity, of the City and/or District. At the completion of each use, the party responsible for supervision of an activity at a joint -use facility is responsible for performing minor janitorial, grounds -keeping, and security duties as specified in an exhibit attached hereto as Exhibit "C". VII. INDEMNIFICATION Wcontracts\=Interloca12001Revised Drafl.doc November 15, 2001 With respect to the District Property, the City does hereby agree, insofar as permitted by law, to hold harmless the District from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the District Property for a City activity during the time the City is conducting the activity on the District Property. With respect to the City Property, the District does hereby agree, insofar as permitted by law, to hold harmless the City from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the City Property for a District activity during the time the District is conducting the activity on the City Property. Each liability insurance policy carried by the District and by the City, shall name the other party as an additional insured with respect to joint use facilities, to the extent as permitted by law. VIII. TERM The term of this Agreement shall be for a period of twenty (20) years beginning from the date of execution of this Agreement: This Agreement shall.be automatically extended for additional five (5) year periods, unless terminated in writing by either party at least sixty (60) days prior to the end of the original term or any extension thereof. If either party wishes to discontinue this Agreement at any time other than that specified in the previous paragraph, written notice with reason to terminate, must be given at least six (6) months prior to termination. If the term of any addenda attached hereto remains in full force and effect past the termination ' date of this agreement, then this agreement shall also remain in full force and effect until expiration or termination of the addenda. This Agreement and exhibits shall be reviewed by bo-Lh parties on an as needed basis. IX. ENCUMBRANCES Neither party to this Agreement shall, without first obtaining written -consent of the other party, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet the District Property or City Property or any part thereof. X. CLAIMS Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or immunities provided to the parties under the Texas Tort Claims Act, Sections 10 1.00 1 et seq., of the Texas Civil Practice and Remedies Code. XI. ADDENDA The parties agree to continue to search for new areas of cooperation and to that end shall meet together regularly, along with interested community groups and appropriate City and District administrative officials. The parties may enter into separate "joint utilization agreements" for the construction of joint -use facilities where such activities are deemed to be in the best interests of the parties. Each joint utilization agreement shall set forth the specific tenns and conditions under which MAcontractsVUCInterloca12001Revised DrailAw November 15, 2001 4 such activities are to be conducted. Separate "joint utilization agreements" for operation, maintenance, and/or use of joint -use facilities may be entered into as addenda to this agreement, when such activities are deemed to be in the interests of the parties. These addenda shall identify exceptions or additional requirements to this agreement as may be deemed necessary and proper. XII. ADDITIONAL AGREEMENTS This Agreement contains all of the agreements made by and between the parties hereto regarding the use of District Property and City Property and no additional agreements or understandings shall be applicable to the use of District Property or City Property unless first agreed to, in writing, by the parties. XIII. VENUE This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by -the laws of the State of Texas. In the event that a lawsuit is filed by either party arising out of the terms and provisions of this Agreement, venue for the lawsuit shall be in Tarrant County, Texas. XIV. AUTHORIZATION The undersigned officers of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. Each party hereto certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. Executed this day of , 2000 in Tarrant County, Texas. WeontractslJUClnterloca12001RevisedDraft. doc November 15, 2001 5 ATTEST: City Secretary ATTEST: Secretary, Board of Trustees M Acontraas\JUCInterlocal200I Rev isedDra f . doc CITY OF SOUTHLAKE By: Mayor CARROLL INDEPENDENT SCHOOL DISTRICT By: President, Board of Trustees 0 Novensber 15, 2001 Exhibit A - Joint Lse Facilities DISTRICT PROPERTY Carroll Elementary Location 1 Backstop practice area South of Building 2 Soccer Fr•actice fields• (south of building) South of Building Open Field South of practice field Gym Outside Basketball Courts Durham Elementary/Intermediate Location Gym Office/Storage GymlRecreation Center Exercise Room Cafetorium , 1 Soccer Game Field North of Building 2 Soccer practice fields East of Building 2 Backstop practice areas East of Building Outside Basketball ('otu-t South & North End Johnson Elementary Location Backstop practice areas East-hehind playground 2 Soccer practice fields (east of building) East -behind playground Gym Open Area North of Building Old Union Elementary(Available Fall of 2002) Location Open play area (soccer field.~) West -across channel Backstop practice area - South -of visitors parking Rockenbaugh Elementary Location 2 Soccer practice fields East of Building 2 Backstop practice areas East of Building Gym Carroll Intermediate Location Six (6) outdoor basketball goals Football field Gym Practice ball field (lighted) West of football field Carroll Middle School Location Gym I M:\contractsVUCInterlocaM01ReviwdDrnfl.doc November 15, 2001 7 2M Exhibit A (Contintted) - Joint Use Facilities Gym 2 Activity Room Gym Office/Storage 2 practice fields 2 football f elds Eubanks Intermediate and Dawson Middle School Gymnasium Multi purpose fields (Available Fall of 2002) South d Yyest of Dragon Stadium South & West of Dragon Stadium Location Eubanks Intermediate Southwest corner of property CITY PROPERTY Bicentennial Park Community Center The Lodge 7 Ballfreldv (lighted) T=-° I for High School Girls Softbcill 2 concession stands 2 public tennis colirts Tennis Center (13 tennis cwtri.�,, 3 outdoor basketball courts Adventure Alley playground Pavilions In -line hockey facility (lighted) 2 backstop practice areas Open field (near 1709 entrance) Koala, Park (Adjacent to Cal"i•oll F,lementaiy) 4 Backstops Lonesome Dove Park (Near Carroll Middle School) Pavilion Playground Open field Bob Jones Park 13 soccer fields 6 practice soccer goals Open field (adjacent to practice goals) St. Martins in the Field 2 practice soccer fields WcontractsUUC]nterloca12001 RevisedDraft.doc Q November 15, 2001 Exhibit B — Annual Maintenance .Cost -Sharing Minor (Under $5, 000) a Preparation of gym floors and re -application of gyni floorJ'rushes, tWlce yearly Carpet cleaning Repainting a Repairing or replacing dcimaged hackhourds, goals, chid other shared sports equipment a Soil additions for joint -rise fields a Seeding and other tinf improvements necessary for all -season use • Other minor damage to property or equipment directly caused by a joint -use activity a Minor improvements to property or equipment, in an existing joint -Ilse facility, which benefits both the District and the City Major (Over $5, 000) • Resurfacing and restriphig gyro floors • Carpet replacement • Irrigation installations and maintenance a Outdoor lighting installations and niaiiitenance • Other mcjoi• damage to property or equipment directlti caused by a Joint -use activity • Major improvements to property oi- equipment, in an existing Joirit-use facility, which benefit both the District and the Cily WcontractsUUCIntertoca12001RevisedDraR.doc November 15, 2001 9 Exhibit C — Event Supervisor's Facility Ditties The supervisor of a joint -use event is required to complete an Event Report Form, which includes a checklist of tasks to be completed immediately following each joint -use event. The Event Report Form is to be left with the facility owner in a designated location following each joint -use event. The checklist of tasks should consist of the following details. Janitorial • .Sweep floors and mop -up spills • Check entire area, inchrding restroonrs, for litter" • Flush all toilets and urinals, and make sure each one shirts off • Check all lavatories and wafer faucets to make sure water is .shut off • Empty all trash into clumpsters • Turn off lights, if there are no other events scheduled inrrnediately. • Report any damages of frailly equipment on the Event Report Form Grounds -keeping • Pick up all litter • Empty all trash into dumpstcrs Security • Check all perimeter doors, and secure there • Report any unsecured areas or damaged locks to the facility owner or designee Some maintenance items must he addressed immediately in order to safeguard against flooding, fire, safety, or security incidents.. Report such items to the facility owner or designee immediately. Emergency phone numher•s are to be provided by the City and the District for each event supervisor. WeontractsUUClnterloca1200IRevised Draft.doc November 15, 2001 10 Exhibit C — Event Supervisor's Facility Ditties Event Report Form Event Supervisors must complete all tasks listed below. When completed, return this form to the designated location for this facility. CHECKLIST Sweep floors and ►nop-up spills. Check entire area, including restrooms, for litter. Discard all liter into proper containers. Check all perimeter doors and gates and secure them properly. Flush all toilets and urinals, and make that each of them shuts off. Check A lavatories and water faucets to make sure that water is shut off. Empty all trash into dumpsters. r Turn off lights (if your group is the last one using the facility). REPORT Please list any damage to the facility or equipment: Please list any other needs pertinent to the maintenance of this facility: Lost and Found Items/Other: Name of Event Supervisor's Signature Date M:\contracts\iiiClnterlocal200IRevisedDrail.doc November 15, 2001 11 iCarroll Elementary and Koalaty Park t.� C No scale Koaorj,Card damentary * Pa.31-p fsnp a,;Yare ^omawrmr tt����? �Wn Spac9 FUiura P„rcrases ClSD L rt Uso F Owo t: CISD Propwt,, Kailer ISD ..efit iis9 F-npv-N Kaller .SD ProoerY ,c .Corps ct Engtrer-ra �rap9vire Ras r,a- parcels V-p City cf Southlakz Geographic Information sl,stams Durham Elementary/Intermediate • Schools S No Scale Cur",am cisneTar,lnter!rsdia'e 0 Pais uf.shp Prp;ata Comma-ih,' open Scaca Aaigt*!,C4d Putu:C Purcf,asas CtSC Joini Gsa Ropety pa_ K'Mor ISO icint Use P-oue,[y K&".Cr iSL pmpehi- US Corps-, J -�oavire a City of SouthiaYe Geographic Information Systems Johnson Elementary and ` Carroll Intermediate School V�, c S No Scale ,;:,nlu:av�avul! i!;te��neCiata Poist.c Jifsep PrtVsta Conu-:;^ny O,x+n S•;>acs Nei^�echeod F:;ture a;;rc: asa; C ISD .:ol^t i ce c -97 ,. cISD P:-i^tY L'nrs: alc�c CISD Pr •c�r^� Ke;lar ISD :emt � se P-o.rpr;�+ KsIIa ISD Psoperir Xps of En:;i^?ers revlre F.aszs._.. Parcels S�'.y^^. City of Soutt lake Geographic informadon SystPmS ol 0 t { _ Rocke'nbaugh Elementary Rxkerba:mh E.ementar ti S No Scale • Palate p.. :ren .:;.ace -!SD -:A'.t L53 Fri-,?:f✓ ram. %ISO P-�-S-!V "ca':Gcrec CIS" P'^Ce"' Katie. ' .;,a. t Use Fl Ke:1s! ISD s of E^^ G3!c8is.00 City .:f voku+i'iak Geographic !nform�+icn Syster s j�' � Carroll Middle School N s No Scale Carroll Wdla School Poi.shp J _f.shp PCOMM.. unE?_r Open Space Neighbofccd Future Purchases CISD joint Use °roper? Clso PraP6(w• Undeveloped CISD Propes Kellar ISD J„int Use Prod _ Keller ISD Proper,: US Corps of Engineers Grapevi,-,a Rasarrci( Pat r_aIs. -hv amity of Southl*,e Geographic Information Systef�S / �I K E -I ' 119,130T11101 KM 0 Exhibit Six: Two (2) Puiblic Area Bicentennial Park Comrrjy tCerater Tennis Courts he Lode - Four (4) lighted game fiefs cncession Stand Pavilion and Concession Stand Three (3)lighted - f game fields Adventure Alley---� { :Pavilions � Playground yam--_ Three {} unlighted %Two {2) backstop - -r g ame fields ractice areas M ! - - _ ---_-- --- hirteen (13) Lighted Open Space` wi Tennis Courts practice area . One 1 lighted In-i>✓i 'Future Pavilion O e Hockey Pink =- Three Q) unlighted basketball courts Bicentennial Park p S No Scale 6:+certannai Perk .iuf.shp Priwite —^ Cc::7munity open Space Npighborhocd R ;re Purchase:. CISD Join' :Use Prepety r CISD Property Undeveloped CISD Proeart>• Keller ISD Joint Use Pr apar�: Keller ISD Proper�i US Corps ofEngineers Grapevine Reservoir Parcels.shp l City of Sou"'Nake Geographic Information Systems + Lonesome Dove Park V% S No Scale Lcnsiome Dove ParK * pxs-,p j;As�p FUra Purc,:ases "'int "Se P-Opqrti =Y.SD K09, ISO.:ant Usa P,*, 'Aiar W, Pr party ,,ps d E,jrws Res,�—,w Pa,-Oefs.-,hp City of Sou-thlaks Geographic Information Systems I Bob Jones Park 0)�hla - L .5 1 Bob Jcnas Park ' o Scale j&.shp Private �mr:urity Open Space Neighborhood Future Purchases CISD Jcint Use Prcperty CISD P-cperty Undcveloped CISD F, oery MKeller 1SD Joint Usa =r^per Keller iSD Property US C ?rps o t y rerrs G ao vine sa vO— Parcels.shp t'it;i 0,11 southlake Geographic information Systems �+A7 St. Martin's in -the -Field i i4 E S No Scale St Matins in-the•F!e!ds Pois^,p u Stna�rs.s`^, ;ufsrp P•Na+ C;:qr Space Neigh ha h- xd Futu•e P-:rcrase:: CISC .-- rt Gse P'oparty C!SC tirdsVefm e!Od. CISD Pr�pvty Kellar !SD .:oirt L s" Prcpet Kel!er nn P e„,,. L f 5 2raps.,1n5Fesq,,2Ir C.'•itii of Seuthlane i Geographic Information Systeons I City of Southlake, Texas MEMORANDUM November 16, 2001 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Authorize the Mayor to enter into an Interlocal Agreement between the City of Fort Worth and the City of Southlake for participation in Fort Worth's Environmental Collection Center and Household Hazardous Waste Program. Action Requested: Enter into an Interlocal agreement with the City of Fort Worth for the collection and disposal of household hazardous waste. Background Information: Providing residents of the City of Southlake a method to properly dispose of household hazardous waste is necessary for the protection of our community and environment. In 1999, an agreement between Safety-Kleen Inc. and the City of Southlake allowed for the City to conduct two household hazardous waste programs. Both programs were extremely successful and the city assisted approximately 160 households with removing waste from their homes. Last year the City entered into an agreement with the City of Fort Worth and was a success. There were 141 households that participated in the events and collection center. The proposed Fort Worth Agreement extends the DPS program that the citizens have become accustomed to. DPS will continue to host local collection days twice a year and, if residents need to discard approved waste outside of those scheduled events, they will have the option to travel to the Environmental Collection Center in Fort Worth. Another benefit to the Fort Worth agreement is a reduction in cost. Last year the cost was $62 per household. This year the fee has been reduced to $60 per household. Financial Considerations: Household hazardous waste collection and disposal is budgeted under Fire Services and approved in the current fiscal year. Fort Worth's agreement allows us to remain within budget. Citizen Input/ Board Review: During the past several years, resident input and requests have been received through personal interviews, the action line, and telephone contact with Fire Services personnel. Not subject to any Board review. Legal Review: The agreement has been reviewed and approved by City Attorney Debra Drayovitch. 1 Billy Campbell November 16, 2001 Page 2 Alternatives: Supporting Documents: Staff Recommendation: RB/ds Seek an agreement with a private company. Interlocal Agreement for Participation in Fort Worth's Environmental Collection Center, Household Hazardous Waste Program Document. Place the agreement between Fort Worth and the City of Southlake for the collection and disposal of household hazardous waste on the November 26, 2001 City Council meeting agenda for approval. 0 INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home -rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort Worth, acting herein by and through Charles Boswell, its duly authorized Assistant City Manager, and a municipality situated in Texas, hereinafter called "Participating City," acting herein by and through its duly authorized WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and . phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Department of Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes 3 that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of aligovernmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and 4 (b) All requirements pertaining to the protection of the health and safety of employees or the public. Force maieure means decrees of or restraints by a governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) furnished by the TNRCC to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste transported to a site in Texas, or the comparable manifest of the receiving state if the waste is transported out of Texas. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. . Fort Worth Mobile collection unit (MCU) means a non -self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off -site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste of approximately 50 to 75 households. Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act. CPR - cardiopulmonary resuscitation. DOT - United States Department of Transportation. ECC - Environmental Collection Center. EPA - United States Environmental Protection Agency. HAZCAT - hazardous categorization. HAZWOPER - hazardous waste operations and emergency response. HM - hazardous materials. HHW - household hazardous waste. MCU - Mobile Collection Unit. 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City. 3. TERM This Agreement shall be effective from the date the last party has signed this agreement through September 30, 2002. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; wastes from businesses; and any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. 2 D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a Mobile Collection Event. F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at a mobile collection event. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Non -Fort Worth Mobile Collection Unit 1. Fort Worth agrees to accept household hazardous waste from Participating City's MCU in accordance with Section 5, of this agreement. 2. Fort Worth agrees to restock the items it removes from Participating City'sMCU, however, Fort Worth shall only restock items listed in Exhibit 'W', attached and incorporated herein as if set forth. I. Mobile Collection Events —Using Fort Worth's Unit 1. If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Fort Worth will send Participating City a list of available dates. Participating City will contact Fort Worth as soon as possible to schedule the date, time and location agreeable to both parties. (a) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property 1 week prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth 1 week before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth 1 week before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages of recovery of any costs, except as provided herein. (b) Available Dates Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first come first'served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another City and Participating City will have to choose another date. 7 Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. 2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 - households, Fort Worth will determine in its sole discretion how much more waste it can accept and store properly. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damage of recovery of any costs, except as provided herein. 3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's Non -Fort Worth Mobile Collection Unit shall not also be at the event. 4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste and provide a map to the ECC. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another. as an alternate, to act as its household hazardous waste collection coordinator to interact with Fort Worth. Designated person is: telephone number: Pager number or 24-hour number where he or she can be reached:, Alternate person is telephone number: Pager number or 24-hour number where he or she can be reached: B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. If Participating City chooses to use such a system, it shall notify Fort Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection events, and shall provide personnel to assist Fort Worth with the survey and screening of persons dropping off household hazardous waste. The parties prior to the event shall agree upon the details of the traffic control, signage, and personnel assistance. G. Partici atin Cit 's Mobile Collection Units Collecting Household Hazardous Waste 1. Participating City shall advise the ECC program manager at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW iiiiw during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; and any other wastes that Fort Worth has determined are unacceptable. 2. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti -freeze, lead -acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 3. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. 4. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requirements, United States Environmental Protection Agency (EPA) 9 requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil -based paints and latex paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal - and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 6. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC program manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the non -Fort Worth MCU and store the HHW at the ECC. 8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10., Paragraph B. 9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth in Section 10., Paragraph C. 6. USE OF WASTE DISPOSALIRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. B. Such firm(s) shall be required pursuant to the ccntract(s) to assume generator status for the waste collected, (excluding used oil, lead -acid batteries and antifreeze) to choose a 10 disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time -to -time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Pa GUARANTIESiTHAT- 1 WORTH MAKES NO REPRESENTATIONS, WARRANTIES . the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5, the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and It 8. the product can be used without risk to persons, property or the environment. 11 FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return toFort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY , OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: I . the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. 12 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right 10 refuse to accept waste at the ECC from Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the agreement, the ECC's hours of operation are as follows: Thursday and Friday 11 :00 a.m. -7:00 p.m. Saturday 9:00 a.m. -3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following days: Thanksgiving Holiday, November 22 -23, 2001 Christmas Holiday, December 24- 25, 2001 December 30, 2001 through January 11, 2002, for cleanup and repairs M.L.K. Day January 21, 2002 Memorial Day, May 27, 2002 Independence Day, July 4, 2002 Labor Day, September 2, 2002 C. Notifying .Residents Participating City agrees to notify its residents of the ECUs hours of operation and dates it will be closed. Participating City may advertise the 24-hour Environmental Collection Center 13 telephone number to give its residents the Environmental Collection Center's hours. The number is: (817) 871-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to the agreement: A. Participating City agrees to pay Fort Worth the sum of $60.00 per household per visit to the ECC or per household for participation in a Mobile Collection Event to dispose of household hazardous waste. B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies. C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 14 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestle, "Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a non -transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating City shall be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 15 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT (Paragraph 11). 15. NOTICE Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Brian Boerner, CHMM, Director Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Participating City: 16. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 16 17. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 18. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. 19. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 17 EXECUTED IN TRIPLICATE CITY OF FORT WORTH By: Libby Watson Assistant City Manager Date: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: Gloria Pearson City Secretary Contract authorization Date By: Printed name: Title: Mayor_ Date: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: City Secretary 18 Exhibit "A' RESTOCKING. LIST FOR THE MOBILE COLLECTION UNIT Material Amount Restocked Special Needs Remarks 55 gallon open top Amount taken off the drums (open top for trailer loose packs) 55 gallon drums Amount taken off the (closed top) (oil, trailer antifreeze, bulk flammable materials and one extra) Fiber drums (55 or 30 gallon) Aerosols, Amount taken off the acids, bases and trailer oxidizers) Gaylord box liners (plastic) Amount taken off the trailer 55 gallon drum liners Amount taken off the trailer 5 gallon buckets (filters/haz chemicals) Amount taken off the trailer Survey Forms Amount taken off the trailer Labels/drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials & Brochures Amount needed 19 WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the , 2001. In consideration of , I hereby give my permission to the City of to hold a household hazardous waste collection event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, in consideration of , I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the City of and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or employees and the City of or its offcers, agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the City of to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. I hereby acknowledge that this Waiver and Release is given in consideration of Signature Witness Date 20 s CASE NO: ZA01-095 City of Southlake Department of Planning STAFF REPORT November 16, 2001 PROJECT: Lot 4R-1 and 4R-2, Georgetown Park REQUEST: On behalf of Park Monticello, Ltd., Realty Capital Corporation is requesting approval of a plat revision. ACTION NEEDED: Consider approval of plat revision. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Developer Comments - (F) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-095 BACKGROUND INFORMATION OWNER: Park Monticello, Ltd. APPLICANT: Realty Capital Corporation PURPOSE: The purpose of this revision is to create a separate lot for each building to allow for individual sale. PROPERTY SITUATION: The property is located at 2615-2655 Southlake Boulevard (FM 1709). The property currently exists as one lot with the revision proposing two lots. There is one existing building with drives and parking on the proposed north lot (Lot 4R1). There is no building on Lot 4R2. However, an approved site plan for a building is on file with the City. HISTORY: • City Council approved the zoning and concept plan for Lot 4, Georgetown Park (ZA97-159) on February 3, 1998. • City Council approved the site plan for Lot 4, Georgetown Park (ZA98-017) on April 7, 1998. • The Planning and Zoning Commission approved the final plat for Lots 2, 3 and 4, Georgetown Park (ZA98-018) on April 9, 1998. LEGAL DESCRIPTION: Lot 4, Block 1, Georgetown Park, being 2.520 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C2" Local Retail Commercial District P&Z ACTION: November 8, 2001; Approved (7-0) subject to Plat Review Summary No. 4, dated November 2, 2001, granting requested variance. STAFF COMMENTS: Attached is Plat Review Summary No. 5, dated November 16, 2001. The following variance needs council action: • All lots must front on a street meeting city requirements. Lot 4R2 fronts on a common access easement. NACommunity Development\WP-FILES\MEMO\2001 cases\01095PR -new version.doc Case No. ZA01-095 Attachment A Page 1 Vicinity Map Georgetown Park 1000 0 1000 2000 3000 Feet I O Case No. Attachment B ZA01-095 Page 1 ZA01-095 nent C Page I Case No.: ZA01-095 PLAT REVIEW SUMMARY Review No.: Five Date of Review: 11/16/01 Project Name: Plat Revision — Lot 4R-1 and 4R-2, Georgetown Park, being a revision of Lot 4, Georgetown Park APPLICANT: Park Monticellos, Ltd. 1111 South Main Street, Suite 200 Grapevine, TX 76051 Phone: 817-488-4200 Fax SURVEYOR/ENGINEER: Baird, Hampton & Brown, Inc. 309 W. 71St., Suite 500 Ft Worth, TX 76102 Phone: 817-338-1277 Fax: 817-338-9245 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/15/01 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 TARA BROOKS AT (817) 481-2079 All lots must front on a street meeting city requirements. Lot 4R2 fronts on a common access easement. Variance requested. 2. Complete all deed information in the owner's dedication. The following should be informational comments only * Staff does not believe the provided Covenants, Restrictions and Easements for Access Easement/Roads, Driveways and Parking Lots provides the necessary reciprocal parking agreement required by ordinance. Before this plat can be filed a copy of the required document, filed by separate instrument must be provided to staff. * 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. 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 "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. Case No. Attachment D ZA01-095 Page I * 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. * Denotes Informational Comment Case No. Attachment D ZA01-095 Page 2 C ! . �n FAA t1u. bit qe4 L94c 1"OV-01-2001 THOU 03;01 PM REPii Y C1P,T�': t Rr R iC Realty Capital Corporation November 2, 2001 Ms. Tara Brooks City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: ZAOI-095, Plat Revision, GeorgetOls'n Park Dear Ms. Brooks: I am writing to request a variance on comment -91 on the Review Summary dated 111210L The comment reads "All lots must front on a street meeting city requirements. Lot 4R2 fronts on a common access easement." Some of the existing lots in Georgetown Park do not have frontage on 1709. A variance was previously granted on portions of Georgetown Park, specifically lots 1-R-2, 1-R-3, 2, and 3 -R-1. Thant: you for your consideration. please feel free to call me if you have any questions. Sincerely, Realty Capita) Corporation Steve Isbe)l� RECD ¢3? 2 0 1 i 11 t South i.iain Street, Suite 200, Grapevine, Texas 7605). (81 7) 488.4200 *tax (81:7) 424-2446 Case No. Attachment E ZA01-095 Page 1 Surrounding Property Owners Georgetown Park Owner Zoning Land Use Acreage 1. Bank of the West 1. C2 1. Retail Commercial 1. 0.892 2. Southlake Office 2. AG 2. Retail Commercial 2. 0.615 Partners 3. C.Hong 3. SP2 3. Retail Commercial 3. 2.219 4. H. Shanklin 4. AG 4. Retail Commercial 4. 6.634 5. Georgetown 5. 01 5. Retail Commercial 5. 1.587 Monticello 6. Downey Enterprises 6. C2 6. Retail Commercial 6. 0.917 7. Georgetown 7. C2 7. Retail Commercial 7. 0.842 Monticello 8. Sterling Properties 8. C2 8. Retail Commercial 8. 1.739 9. International Mbc., 9. C2 9. Retail Commercial 9. 0.891 Inc. Case No. Attachment F ZA01-095 Page 1 Surrounding Property Owner Responses Georgetown Park Notices Sent: Eight (8) Responses: None Case No. Attachment G ZA01-095 Page 1 City of Southlake Department of Planning STAFF REPORT November 16, 2001 CASE NO: ZA01-096 PROJECT: Lot 2, Hall Medlin No. 1038 Addition REQUEST: On behalf of Chapel Monticello Partners, Ltd., Realty Capital Corporation is requesting approval of a plat revision. ACTION NEEDED: Consider approval of plat revision. 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) r STAFF CONTACT: Ben Bryner (481-2086) Im Case No. ZA01-096 BACKGROUND INFORMATION OWNER: Chapel Monticello Partners, Ltd. APPLICANT: Realty Capital Corporation PURPOSE: The purpose of this revision is to create a separate lot for each building to allow for individual sale. PROPERTY SITUATION: This property is located at the southeast corner of South White Chapel Boulevard and East Continental Boulevard. HISTORY: -The City Council approved a 2-lot plat showing on June 20, 1995. -A site plan was approved by the City Council on October 21, 1997. LEGAL DESCRIPTION: Lot 2, Hall Medlin No. 1038 Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "S-P-1" Detailed Site Plan District Regulations with "Ol" Office District uses. P&Z ACTION: November 8, 2001; Approved (7-0) subject to Plat Review Summary No. 3, dated October 15, 2001, and providing trail as required by the Master Trail Plan. STAFF COMMENTS: Attached is Plat Revision Review Summary No. 4, dated November 2, 2001. There are no variances being requested. Case No. Attachment A ZA01-096 Page 1 Vicinity Map Lots 2111 through 2R5, Hall Medlin 1000 0 1000 2000 3000 Feet M N 0, Case No. Attachment B ZA01-096 Page 1 A Case No. ZA01-096 Attachment C Page I PLAT REVIEW SUMMARY �. Case No.: ZA01-096 Review No.: Three Date of Review: 10/15/01 Project Name: Plat Revision - Lots 2R1, 2R2, 2R3, 2R4, AND 2R5, Hall Medlin No. 1038 Addition APPLICANT: Realty Capital Corporation Jimmie Archie 1111 S. Main Street Suite 200 Grapevine, TX 76051 Phone: (817) 488-4200 Fax: (817) 424-2448 SURVEYOR/ENGINEER: BHB, Inc. 309 W. T" St., Suite 500 Fort Worth, TX 76102 Phone: (817) 338-1277 Fax: (817) 338-9245 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/01/01 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 agent's name and position must be printed on the mylar at the time of filing. 2. Add the trail requirement along S. White Chapel Blvd and E. Continental Blvd prior to filing the plat. 3. A Reciprocal Parking Agreement allowing shared use of parking between each lot must be executed and filed of record in the county prior to filing this plat. The covenants filed of record for this property are not explicit with regard to shared parking. INFORMATIONAL COMMENTS * Staff does not believe the provided Covenants, Restrictions and Easements for Access Easement/Roads, Driveways and Parking Lots provides the necessary reciprocal parking agreement required by ordinance. Before this plat can be filed a copy of the required document, filed by separate instrument must be provided to staff. * 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. Case No. Attachment D ZA01-096 Page I * 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 ZA01-096 Page 2 Surrounding Property Owners Lots 2R1 through 2R5, Hall Medlin 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Owner L. Martin R. Brooks City of Southlake Westerra Timarron D. McCall H. Carper Timarron Owners Assoc. J. Lovick M. Airhart E. Kendall R. Bradshaw G. Tenor A. Manisco M. Schneider W. Flaherty J. Smith R. Campbell P. Webster D. Bolton Frank Ritz Co. City of Southlake 1. 2. 3. 4. 5. 6. 7. Zoning Land Use Acreage SF-20A I . Med. Density Residential 1. 0.469 SF -IA 2. Med. Density Residential 2. 0.567 SF -IA 3. Med. Density Residential 3. 0.246 SF -IA 4. Med. Density Residential 4. 0.093 SF-lA 5. Med. Density Residential 5. 1.267 SF -IA 6. Med. Density Residential 6. 1.207 R-PUD 7. Med. Density Residential 7. 11.797 8. R-PUD 8. Med. Density Residential 8. 0.405 9. R-PUD 9. Med. Density Residential 9. 0.425 10. R-PUD 10. Med. Density Residential 10. 0.402 11. R-PUD 11. Med. Density Residential 11. 0.424 12. R-PUD 12. Med. Density Residential 12. 0.429 13. R-PUD 13. Med. Density Residential 13. 0.436 14. R-PUD 14. Med. Density Residential 14. 0.414 15. R-PUD 15. Med. Density Residential 15. 0.583 16. R-PUD 16. Med. Density Residential 16. 0.475 17. R-PUD 17. Med. Density Residential 17. 0.497 18. R-PUD 18. Med. Density Residential 18. 0.493 19. R-PUD 19. Med. Density Residential 19. 0.671 20. R-PUD 20. Office Commercial 20. 0.838 21. Cl 21. Office Commercial 21. 0.173 Case No. Attachment E ZA01-096 Page 1 Surrounding Property Owners Lots 2R1 through 2R5, Hall Medlin Notices Sent: Nineteen (19) Responses: One (1) received from surrounding property owners within the 200' notification area: • Howell P. Carper, 1199 Adams Lane, Southlake, TX is opposed, "The plat revision that accompanied this notice was not legible. It did not clearly state the desired revision." (Received November 7, 2001) Case No. Attachment F ZA01-096 Page 1 City of Southlake Department of Planning STAFF REPORT November 16, 2001 CASE NO: ZA01-104 PROJECT: Sienna REQUEST: On behalf of Joyce Owens and Richard Reutlinger, Paramount Land Development 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: Tara Brooks (481-2079) Case No. ZA01-104 N A a BACKGROUND INFORMATION OWNERS: Joyce Owens and Richard Reutlinger APPLICANT: Paramount Land Development PURPOSE: The purpose of this request is to receive preliminary plat approval to build 43 residential lots. Preliminary Plat approval is required prior to Final Platting. PROPERTY SITUATION: This property is located on the north side of Union Church, approximately 600' west of Davis Blvd. HISTORY: City Council approved the rezoning and concept plan of this development on July 17, 2001. LEGAL DESCRIPTION: Tracts 6, 6C4, 6E, and 6FIA in the J. Allen Survey, Abstract No. 18 and being 28.363 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF-20A" Single Family Residential District :P&Z ACTION: November 8, 2001; Approved (7-0) subject to Plat Review Summary No. 3, dated November 2, 2001. STAFF COMMENTS: Attached is Revised Plat Review Summary No. 3, dated November 16, 2001. The applicant is requesting a building setback reduction along the side street of ten corner lots: Lots 1 and 5, Block A; Lots 1 and 6, Block B; Lots 1 and 15, Block C; Lots 6 and 7, Block D; Lots 1 and 10, Block E. Case No. Attachment A ZA01-104 Page 1 Vicinity Map Siena 1000 0 1000 2000 3000 Feet M N S E Case No. Attachment B ZA01-104 Page 1 5 .711 1; Tt! RR H zs B SW tZ. 1pw Case No. Attachment C ZA01-104 Page 1 L A Case No.: ZA01-104 PLAT REVIEW SUMMARY Revised Review No.: Three Date of Review: 11/16/01 Project Name: Preliminary Plat — Siena Addition APPLICANT: Paramount Land Development 13800 Montfort Suite 100 Dallas, Texas 75240 Phone: 972-490-3255 Fax: 972-991-4949 Attn: David Howell SURVEYOR/ENGINEER: PBS&J 5999 Summerside Drive, Suite 202 Dallas, Texas 75252 Phone: 972-380-2605 Fax: 972-380-2609 Attn: Chris Blevins 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 TARA BROOKS AT (817) 481-2079. In the Land Use Schedule, change the number of proposed lots. Only 43 are shown. Change the density calculation, accordingly. It should be 1.52. 2. A 35' building setback line is required on both street frontages for a corner lot. The applicant is requesting a reduction to the standard side yard requirement of 15' (15' B.L.) for Lots 1 and 5, Block A; Lots 1 and 6, Block B; Lots 1 and 15, Block C; Lots 6 and 7, Block D; Lots 1 and 10, Block E (Reduction requested.) The following should be informational comments only * 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. * Denotes Informational Comment Case No. Attachment D ZA01-104 Page 1 Surrounding Property Owners Siena Owner Zoning Land Use Acreage I. E. Wiesman 1. AG 1. Low Density Residential I . 13.18 2. E. Wiesman 2. AG 2. Low Density Residential 2. 3.502 3. E. Wiesman 3. AG 3. Low Density Residential 3. 9.223 4. A. Haney 4. AG 4. Low Density Residential 4. 1.703 5. A. Haney 5. AG 5. Low Density Residential 5. 4.842 6. B. Scriber 6. AG 6. 100 Year Flood Plain 6. 1.127 7. R. Vantil 7. AG 7. 100 Year Flood Plain 7. 0.569 8. T. Poteet 8. AG 8. 100 Year Flood Plain 8. 0.548 9. Orlando Concrete Inc. 9. AG 9. 100 Year Flood Plain 9. 1.106 10. R. Vantil 10. AG 10. 100 Year Flood Plain 10. 1.042 11. J. Famiglio 11. AG 11. 100 Year Flood Plain 11. 0.537 12. M. Stanfield 12. I-1 12. 100 Year Flood Plain 12. 1.971 13. M. Stanfield 13. AG 13. 100 Year Flood Plain 13. 3.752 14. M. Farmer 14. AG 14. 100 Year Flood Plain 14. 0.866 15. Northeast Baptist 15. AG 15. 100 Year Flood Plain 15. 2.000 Church 16. R. Woods 16. SF -IA 16. 100 Year Flood Plain 16. 1.491 17. City of Keller 17. 17. 17. 18. J. Mortazavi 18. AG 18. Low Density Residential 18. 1.490 19. J. Mortazavi 19. AG 19. Low Density Residential 19. 2.010 20. B. Couch 20. AG 20. Low Density Residential 20. 1.034 21. R. Pearson 21. AG 21. Low Density Residential 21. 0.912 22. J. Mortazavi 22. AG 22. Low Density Residential 22. 3.082 23. B. Couch 23. AG 23. Low Density Residential 23. 5.000 24. Lifestyles Inc. 24. AG 24. Low Density Residential 24. 1.920 Case No. Attachment E ZA01-104 Page 1 Surrounding Property Owner Responses Siena Notices Sent: Eighteen (18) Responses: None Case No. Attachment F ZA01-104 Page 1 MEMORANDUM November 16, 2001 TO: Billy Campbell, City Manager FROM: Bruce Payne, Planning Director CASE NO: ZA 99-096 SUBJECT: Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat Expiration), as amended, Extending the Validity of Case No. ZA 99-096, Final Plat — Sabre Group Campus This plat was approved by the Planning and Zoning Commission on November 18, 1999 and expired on November 18, 2000. The City Council granted an extension until September 15, 2001, as requested by the owner. The plat has not yet been filed and has expired again. The owner has now submitted all required material to the City for filing the plat and has requested that the validity of the plat be re- instated and extended until November 30, 2001. Because this plat has expired, a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483, as amended, (shown below) will be required if the extension is to be granted. "2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " A letter from Sabre, along with a location map, and a reduced copy of the plat is attached for your convenience. Please place this item on the next Council agenda for their consideration. If you have any questions, please contact me at (817) 481-2036. o- e 4 att: Letter requesting variance Location Map Reduction of the plat NACommunity Development\WP-FILES\MEMO\99CASES\99-096PE2.doc Mr. Dennis Killough Nov. 15, 2001 Senior Planner City of Southlake Department of Planning 1400 Main St. Suite 310 Southlake, Texas 76092 Re: Extension of time request for submittal of Final Plat Sabre Corporate Campus Southlake, Texas 76092 Dear Mr. Killough: Sabre, Inc. would like to respectfully request a second and final extension of time for submittal of the final property plat for the Southlake Sabre Corporate Campus. Our first approved request extended time until September 15, 2001. At that time, we did not have final decision on the name of the intermediate road between the two (2) buildings and the garage from our corporate executives. We could not supply the street narne information to our civil engineer to complete the plat at that time. In our hast to complete the campus, we inadvertently forgot to request an extension prior to September 15, 2001. Please forgive our mistake. We apologize for any inconvenience this may cause. We have now submitted to you all required information on the final property plat and ask for your consideration for this request to extend our submittal time to Nov. 30, 2001, to cover our delay. Your consideration of this matter is greatly appreciated. Please inform us should you require any additional information. Sincerely, z� l� Bob Pani;-o J Senior�Project Manager $abr7°Corporate Campus Project REC'D I . 1 --1 2 0 01 cc: Dean Sanderson Will Erickson BP/file Vicinity Map Lots 14, Block 1, Sabre Group Campus 2000 0 2000 4000 Feet N W E S i t IF xAh NI j �ll IGIi I' JV I I M L ^'xf t .p I li��l K Ttl '§�vj6 tI r m I: I x II f^ � III H 1 1� t tt ly^i 1' f iv C G51 Y-' III III' I �� r 7 �h 4t�JAli 4 GB S Y •� IV 3VNE ` Ake SzL II '��sl apF� Ida sI IrLL t t1+1+.1 �S�x�d`.td In G' p_ Ita+ f �- trllYfs xkr I-fI R t j-p -WbF! .� x.,Is RR -hi j ' ' ' i'a d 1 •' �%I h. .�I ' FALAI•aI YL I x ^� � 21 ' M 9l I I �J- rn O7 l/5 v N f j3�lgi O � j 3: 1 0 a � =NNE . ]!ri 020 v1 � �iZA6 tj III �isks !A; ah rfp�x •�RI � I F -- --- - - --- - - f�_.o.------- —------------ r �N/•y r ■■ k "i � 4 a w"r fin aaP• v" 7:Y $ x, I S e 71/1 �. 1 �A OJ§ Rill; f. r� m — ' iQ .gip i es�, City of Southlake, Texas MEMORANDUM November 16, 2000 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 AT&T Wireless located at 2059 W. Southlake Boulevard. Action Requested: City Council consideration of a variance to Sign Ordinance 704-A. Background Information: AT&T Wireless is a retail business located at 2059 W. Southlake Boulevard. Eagle Sign, on behalf of AT&T Wireless, 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 legally sized twelve (12) inch letters, which have been separately permitted. The variance request is for an oversized logo symbol. The allowable height for letters or logo is twelve (12) inches because the store front is less than one hundred (100) feet from the R.O.W. The proposed logo symbol is a circle twenty- four (24) inches in diameter. The logo symbol is designed to be twice the height in proportion to the lettering. To maintain the logo to letter proportions a smaller logo would cause the lettering to be smaller as well and would render the lettering unreadable. Staff Note: The proposed sign will be located between the recently approved signs for Bice's Florist and GameStop. These signs were approved for twenty- two (22) inch and twenty-one (21) inch letters respectively. Staff feels the proposed twenty-four (24) inch logo symbol and twelve (12) inch letters will balance aesthetically with these signs. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the request, deny the request, or approve it subject to whatever conditions they deem appropriate. Billy Campbell November 16, 2001 ,.Page 2 Supporting Documents: Staff Recommendation: Variance Application Form Site Plan Ordinance No.704-A, Section 16.A.2. Photo Rendition Place the variance request on the November 26, 2001 City Council meeting for disposition. The following sections have been excerpted from the Sign Ordinance No. 704-A SEC.14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self- imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square foot area used for building identification. 2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Less than 100 ft. 101 - 150 ft. 151 - 200 ft. 201 - 250 ft. 251 - 300 ft. 301 and greater Maximum Letter/Logo Height 12 inches 18 inches 24 inches 30 inches 36 inches 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). 9 Sign Variance Presentation • Business: AT&T Wireless • Address: 2059 W. Southlake Blvd. • Request: Seeking to increase allowable logo height from 12 inches to 24 inches. Logo symbol is a circle 24 inches in diameter. • Issue Facts: Business is located less than 100 feet from R.O.W. allowing for 12 inch letter or logo height. The proposed sign has legally sized twelve (12) inch letters which have been approved separately.The logo symbol is designed to be twice the height in proportion to the lettering. To maintain the logo- to -letter proportions a smaller logo symbol would cause the lettering to be smaller as well and would render the lettering unreadable. • Special Note : This sign will be located between recently approved signs for Bice's Florist and GameStop. These signs were approved for twenty-two (22) inch and twenty-one(21) inch letters respectively. Staff feels the proposed sign will balance aesthetically with these signs. 4 Ordinance Matrix : Distance from R.O.W. Maximum Letter/Logo Height Less than 100 ft. 12 inches 101-150 ft. 18 inches 151-200 ft. 24 inches 201-250 ft. 30 inches 251-300 ft. 36 inches 301 and greater 42 inches 5 i0�4 z CITY OF SOUTHLAKE SIGN VAIHANCE APPLICATION APPLICANT OWNER (if different) NAME: � / ,. Tt Z i o'e I #S S ADDRESS: 26p S, l3o�i'`-1..�.� /7%s_L(,6 (DOn / kC5e-& r-k BWA 5t CIC Am-s�- i ti TX IT 7 S `t' PHONE: 9 Z 2 3 Q,Z zZl S - „Z 6 0 90Y FAX: f7 Z .7ri z.itl� i a -.Z sO PrrGd The following information pertains to the location for which the variance is requested NAME OF BUSINESS OR OPERATION: A TAT 1a l fe. � E4 STREET ADDRESS: a G S °1 W. % 1 v 4, LEGAL DESCRIPTION: Lot Block- Subdivision T hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. f further understand that it is necessary to have a rcprescntative at the City Council meeting who is authorized to discuss this request. Applicant's signature: Date: The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No.704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. Completed sign variance request application. Completed demonstration of conditions applicable to the requested variance (see attached.) . Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R. 0. W. Scaled and dimensioned elevations of the signs for which the variance is requested. For attached sighs, the elevations shall shove the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. N. rrT-•�rr� � r n� in rnn� i�� inr el A-W"-AI Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: 1 That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical difficulty on the applicant - T k ` c-6kL care veo fC,rc •e. v s c. b� w 1 1► n pal 'T C k r s tt b , I S Y�� � a to -c 5 S a` iv ck C v. s A 0 r s JL I 1 p C R 1% . 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. +-o tKP- r a o_c�- %,,,I.•cL� lyiM�s s �Zc c -F s 9wt�gQ, 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. I 1 C 4 k Gre4` I S Ic,rI-er 4 • That the variance will be in harmony with the spirit and purpose of the sign ordinance. Ne < < <^, f j y W Z 0. r �I b f $ i g N i / /V C/ 7 -n 7C1HJ AInTC 7 IC1H7 �r�- CTT7GCC^IG o� • in Tnn- i�� inr (WI H E t a> � c -- N y E as '? E `•° 3n � 5 E T V ow Y m LO yco N V V ACO CG O C L +'_+ c c c .cD `" E .. y U) ami c in Q L7O U O W ti CD 2—� Y J Z!i m y C �v L CC! 10 O O V v L L L O V E E E $ E $ $ E°' dy dE H m 91 m CA E N c m O O v m` m` a x Y C7 m Cl (O N Y U_ Y Gi U �CQ 0 a City of Southlake, Texas MEMORANDUM November 15, 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 BEDZzz Inc. located at 2301 W. Southlake Boulevard, Suite 300. Action Requested: City Council consideration of a variance to Sign Ordinance 704-A. Background Information: BEDZzz Inc. is a retail business located at 2301 W. Southlake Boulevard, Suite 300. Speedy Signs, on behalf of BEDZzz Inc, 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: Store front is less than one hundred (100) feet from the R.O.W. Allowable letter height by ordinance for this distance is twelve (12) inches. The letter height for the proposed sign is thirty-six (36) inches for the letters and thirty-six (36) inches for the square logo box. A.3. MAXIMUM AREA : The sign has a total area of forty-three (43) square ft. The maximum allowed area for an attached sign is .75 square feet for every one foot of width of building or lease space not to exceed 400 square feet. The store front at this location is 33 feet, therefore the maximum allowed area would be 24.75 square feet. The proposed sign area is a 63% increase. The tenant is not seeking an area increase per se; it is however a by product of the increased letter height. • A.6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall...." Tenant seeks to attach the proposed sign to the face of an articulation feature which extends above the existing roofline. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the request, deny the request, or approve it subject to whatever conditions they deem appropriate. 1 Billy Campbell November 15, 2001 Page 2 Supporting Documents: Staff Recommendation: RB/sv Variance Application Form Site Plan Ordinance No.704-A, Section 16.A. 2.3.6. Photo Rendition Place the variance request on the November 26, 2001 City Council meeting for disposition. 2 The following sections have been excerpted from the Sign Ordinance No. 704-A SEC.14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self- imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. SEC. 16 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 12 inches 18inches 24 inches 30 inches 36 inches 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). 3. 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). 4. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height (see Appendix 'B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See Appendix 'B' for further clarification). 3 Sign Variance Presentation • Business: BEDZzz Inc. • Address: 2301 W. Southlake Boulevard, Suite 300 • Request: Seeking to increase allowable letter / logo height from 12 inches to 36 inches and to install the sign on the face of an articulation feature above the existing roofline. • Issue Facts : Business has 33 ft. store front. Allowable area is 0.75 s.f. per foot of store front. 0.75 x 33 ft. = 24.75 s.f. allowed area. Proposed sign is 43 s.f. This is 18.25 s.f. over allowed area. ( 63 % increase ). • Ordinance Matrix: Maximum area: 0.75 s.f. for every one foot of width of building or lease space not to exceed 400 s.f. Distance from R.O.W. Maximum Letter/Logo Height Less than 100 ft. 12 inches Roofline Limitations : In no case shall an attached sign project above the roofline of any building..." 4 A CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION APPLICANT NAME: _-- Co ADDRESS: w • 1.1 + 2-L �L -7 Lo a�3 OWNER (if different) -7'-0n u Co, �C !So v 4 \,\n.Y e_ , T�L PHONE:gr7-ato6-aCkk1 qF)-ti`3S-aa9% FAX: q, 1-7 9 74 l Sl l i - 415 - 0;) ,' (a The following information pertains to the location for which the variance is requested NAME OF BUSINESS OR OPERATION: Z'��,--7-Z Z =nC STREET ADDRESS: Q -�a\ k � ,\cL�j:e LEGAL DESCRIPTION: Lot Block- Subdivision I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting who is authorized to discuss this request. Applicant's signature: Date: // %? / r, j The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No.704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. Completed sign variance request application. Completed demonstration of conditions applicable to the requested variance (see attached.) . Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R. 0. W. Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. 5 ri Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: 1' That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical difficulty on the applicant orb.-,� -��►� S`,� �,c;�ec',c,_ , ! ke h a,�rnes's. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. In U �� o� S ' y. i` , �: 3an& rCsv \\ ; nn ��,e news a" 3 • That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. i9,e clt an.:5 �r��' h�.s\ram 4 • That the variance will be in harmony with the spirit and purpose of the sign ordinance. C,,\ c�-rc� c> c� o 0- 3 �► BEBZZz s 'o►� BEDZz - '34s ^aa4. LY KdYBP9nSt¢eY..p4�Yi1i.'.*kSiWSSL�iSS' ��h"�3. '93+]T x t'- r A.ri^r;'rr�`r.�tss 4-. 77 RN Wn SOW .s..�sN _a'.ds�'isr.:,.✓.�z a?1F:s. •,rr iut�,�'�"----_-- .m �ti...,r�4:3��''.,it:. �:an 'T, wa ...s, x.:,-m,., :�. _._ ,. ._ _ .,, . P^ VA MEMORANDUM November 16, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-070, a Resolution Supporting a Tarrant Appraisal District Board of Director Member Action Requested: Approval of Resolution No. 01-070, casting the City of Southlake's 35 votes for a member to the Tarrant Appraisal District Board of Directors. Background Information: The terms of service for the five (5) Directors of the Tarrant Appraisal District will expire December 31, 2001. Nominations have been received from the voting tax entities for candidates to fill these positions for a two (2) year term beginning January 1, 2002. Those nominated include: John Clanton, Mike Davis (Grapevine), James R. Dennis, C.F. Kelley, Joe Potthoff, Charles Rogers, Fiona Sigalla and Tommy Vaughn. According to the State Property Tax Code, each voting unit must vote in open meeting by resolution and all votes may be cast for one candidate or they may be distributed among any number of candidates listed on the official ballot. There is NO provision for write-in candidates. The Chief Appraiser may not count votes cast for someone not listed on the official ballot. Financial Consideration: not applicable Citizen Input/ Board Review: not applicable Legal Review: not applicable Supporting Documents: Resolution No. 01-070 Official Ballot presented from Tarrant Appraisal District RESOLUTION NO. 01-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CASTING ITS VOTES TO THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the terms of service for the five members of the Tarrant Appraisal District Board of Directors will expire on December 31, 2001; and, WHEREAS, the Tarrant Appraisal District has calculated the number of votes for the City of Southlake based on the amount of the 2000 adjusted tax levy imposed by the City of Southlake to be thirty-five (35) votes; and, WHEREAS, in order to be eligible to serve as directors, the candidates must meet the guidelines set out by the Tarrant Appraisal District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1. All of the above premises are true and correct and are hereby incorporated into the body of this resolution as if copied in its entirety. Section 2. The City Council cast its thirty-five (35) votes to the Tarrant Appraisal District Board of Directors to: Section 3. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE 26TH DAY OF NOVEMBER, 2001. Mayor Rick Stacy ATTEST: Sandra L. LeGrand, City Secretary .h OFFICIAL BALLOT ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing body of City of Southlake having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 35 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District: John Clanton Mike Davis James R. Dennis C.F. Kelley Joe Potthoff Charles Rogers Fiona Sigalla Tommy Vaughn do hereby resolve and order that City of Southlake cast and does hereby cast its votes as follows: votes for votes for votes for votes for votes for Passed this day of .2001 ATTEST Presiding Officer Secretary or Clerk, City of Southlake IMPORTANT: This ballot should be returned by November 29, 2001 to John R. Marshall, Chief Appraiser, Tarrant Appraisal District, 2500 Hand ley-Edervil le Rd., Fort Worth, Texas, 76118 Im City of Southlake • " Department of Planning STAFF REPORT November 16, 2001 CASE NO: ZA01-108 PROJECT: Tracts 9D1 and 9D8, J.J. Freshour Survev, Abstract No. 521 REQUEST: Mitch and Janet Wolfe are requesting approval for "SF -IA" zoning. ACTION NEEDED: 1. Conduct public hearing. 2. Consider second reading for rezoning request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner's Responses (E) Ordinance No. 480-383 STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-108 BACKGROUND INFORMATION OWNER/APPLICANT: Mitch and Janet Wolfe PURPOSE: The purpose of this request is to obtain proper zoning to build one single- family residence. PROPERTY SITUATION: The property is located at 2411 Florence Road, being on the south side of Florence Road approximately 1000'west of Randol Mill Avenue. HISTORY: There is no recent development history on this property. LEGAL DESCRIPTION: Tracts 9D1 and 9D8, J.J. Freshour Survey, Abstract No. 521, being 3.264 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family Residential P&Z ACTION: October 18, 2001; Approved (7-0) COUNCIL ACTION: November 5, 2001; Approved first reading on Consent (6-0). STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan. K\Community Development\WP-FILES\MEMO\2000cases\00061 SP - new version.doc Case No. Attachment A ZA01-108 Page 1 Vicinity Map J.J. Freshour No. 521 Addition Tracts 9D1, 9D8 1000 0 1000 2000 3000 Feet N E S Case No. Attachment B ZA01-108 Page 1 Surrounding Property Owners J.J. Freshour No. 521 Addition Tracts 9D1, 9D8 Owner Zoning Land Use Acreage L C'ittir of Keller 1. 2. M. Wolfe 2. AG 2. Low Density Residential 2. 2.26 3. R. Flaverkamp 3. SI=-I A 3. Low Density Residential 3. 3.92 4. J. Gaffney 4. SF -IA 4. Low Density Residential 4. 1.17 5. INC Giil 5. SF -IA 5. Low Density Residential 5. 1.13 6. G. Kuennen 6. SF -IA 6. Low .Density Residential 6. 1.13 7. J. Knitoht 7. SF -IA 7. Low .Density Residential 7. 1.09 8. J. Almendinoer S. SF -IA 8. Low Density Residential 8. 1.43 9. R. I'ekowski 9. SF -]A 9. Low Density Residential 9. 3.68 Case No. Attachment C ZA01-108 Page 1 Surrounding Property Owner Response J.J. Freshour No. 521 Addition Tracts 9D1, 9D8 NOTICES SENT: Nine (9) RESPONSES: One (1) response was received from within the 200' notification area: • See following response. Case No. Attachment D ZA01-108 Page 1 REFERENCE NO.: ZA01-108 I am undecided about the request for the following reasons: The owners of the property at2411 Florence Road have hauled in tons and tons of dirt, elevating the lot much higher than it was before their purchase of the land. This has caused dirt to run off onto other lots and has gone on for months No silt fencing was originally put up until a complaint was made to the city. My husband helped the property owner put up the silt fence and he was very angry that anyone had complained. My next door neighbor has had dirt up on her patio and the people next to her have had dirt run on to their property. During one rain the red colored muddy water could be tracked all the way to 1709. We have notgotten sewage lines in our area yet and everyone is concerned that all the runoff could, cause problems with septic tanks After building the lot up higher and higher, the owners then built a huge metal barn (approx. 80 x 50 feet) which is now up in the air overlooking my backyard Driving down our street, Hillside Cf. you can see their barn over our property (our lot is about an acre). The property owner across the street from me has complained that the barn is so tall that is unsightly for the entire area. I am also concerned that an old trailer has been brought onto the lot on the west side of the barn and people seem to be living in it. There are ligh is on at nigh t and a TV an tenna and disk, so I don't think it is being used by construction workers I don't know if it is legal to have a trailer like this on a property and I hope it will be removed when the home is completed. I don't really oppose the owner being able to build a house on the land- when we purchased our house we felt whoever was financially able to buy that large a property would probably place a nice home on it. We just didn't expect them to haul in tons and tons of dirt then use the A6 zoning to build a huge metal barn right behind our property. The barn looks like an industrial factory -type building right in a residential area. Where as I Deborah Kuennen, being the owner of the property located at 2404 Hillside Ct, hereby duly note our opinion, as shown above, of the referenced zoning change. SIGNATURE: Z�g4 Printed Name: Df-20V l 1<1U,iVNFII BCD OCT N 2001 Case No. Attachment D ZA01-108 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-383 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 9D1 AND 9D8, J.J. FRESHOUR ABSTRACT NO.521, BEING 3.264 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL. ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Attachment E ZA01-108 Page 1 District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly Case No. Attachment E ZA01-108 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the. best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 9D 1 and 9D8, J.J. Freshour, and more fully and completely described in Case No. Attachment E ZA01-108 Page 3 Exhibit "A" from "AG" Agricultural District to "SF -IA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the 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. Case No. Attachment E ZA01-108 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA01-108 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA01-108 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA01-108 Page 7 EXHIBIT "A" Reginning at a PK. nuil sct ut the centurliue ol'I'lorunce Road ('6(.)' R.O. W y and being per deed cal t)3.3.h01�ut west ii-ona thv northeast corner of said J.J. l"reshour Survav: '1111'NCE S 00 ;11` 21" E', tit 30,00 feet pa,,sing a 1/2" iron rod flound,-also beinp, the northwest corner ot'Lot 3,.J. J. l'reshour No. 521 Addition, an addition to die City of' Southltiake asfiled in Cabinet A, Slade 1540 Pleat Records of Tarrant C aunty, Texas and continuing along the West property line of said Lot 3 in all 723,67 leet to a' /2" iron read set W411 cap ut the ixarth live of Hillside Estate , un uddition to the Cite of Southlake as filed in Volume 388 18 t, Page 6 T[ I ;NCI N #tea 35' 21 " W, 196.45 feet along north line of said I=-lallside Estates to a I /2" iron rod found and being, the S0110'ieaast corner of 1,6t,1,, Block 1 13reti whorl Addition, an addition to the City of 4tauthla kc..as fled in Cabinet 13, Slide 169 P R.T.0 .'1'.;, 'l IJENC' N 00.1 I' � 8" W plong cast 'liat o said Brewerton A, nion at fig 1.1i3 feat to an iron `. pin found; qnd at c7f 3,`£�3 feet passing a1 J?" iron rod set Naith cop and continuing in fall 723 $3 c t to a1"k. n�il`set in tale centerline' Oflt'lore;iice;Road: `I'l M:NC;I S`89 3T,35"` hi, 106,44 feet to the Point of Beginning and containing in all 142168 square feet or 3.264 acres of land. Case No. Attachment E ZA01-108 Page 8 City of Southlake • • Department of Planning r STAFF REPORT November 16, 2001 ZA01-112 PROJECT: 1207 and 1209 Timber Court in Continental Park Estates REQUEST: Pat & Beth Nolen and Robert & Irene Castro are requesting approval for "SF -IA" zoning. ACTION NEEDED: 1. Conduct public hearing 2. Consider second reading for zoning change request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner's Responses (E) Ordinance No. 480-384 STAFF CONTACT: Ben Bryner (481-2086) Im BACKGROUND INFORMATION OWNER/APPLICANTS: Pat & Beth Nolen and Robert & Irene Castro PURPOSE: The purpose of this request is to change the zoning to allow the keeping of horses. PROPERTY SITUATION: This property is located at 1207 and 1209 Timber Court in Continental Park Estates. HISTORY: A final plat was approved by the City on April 22, 1975. LEGAL DESCRIPTION: Lots 3 & 4, Block 2, Continental Park Estates LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "SF-20B" Single Family Residential District REQUESTED ZONING: "SF -IA" Single Family Residential District P&Z ACTION: October 18, 2001; Approved (7-0) COUNCIL ACTION: November 5, 2001; Approved first reading on Consent (6-0). STAFF COMMENTS: A change of zoning to the "SF -IA" single family district does not require a concept plan. Case No. Attachment A ZA01-112 Page 1 Vicinity Map Continental Park Estates Block 2, Lots 3 and 4 1000 0 1000 2000 3000 Feet �j N S E Case No. Attachment B ZA01-112 Page 1 Surrounding Property Owners Continental Park Estates Rlnriz 7. T ,nf c 'A nndi d Owner Zoning Land Use Acreage 1. R. Castsro 1. SF-20A 1. Med. Density Residential 1. 1.84 2. P. Nolen 2. SF-20A 2. Med. Density Residential 2. 3.16 3. M. Wood 3. SF-20A 3. Med. Density Residential 3. 3.10 4. G. Bender 4. SF-20A 4. Med. Density Residential 4. 2.47 5. M. Doan 5. SF-20A 5. Med. Density Residential 5. 1.01 6. R. Johnson 6. SF-20A 6. Med. Density Residential 6. 2.36 7. C. Sturgis 7. CS 7. Med. Density Residential 7. 0.54 8. L. Samartin 8. SF-20A 8. Med. Density Residential 8. 1.26 9. L. Samartin 9. SF-20A 9. Med. Density Residential 9. 2.16 10. City of Colleyville Case No. Attachment C ZA01-112 Page 1 Surrounding Property Owner Reponses Continental Park Estates Block 2, Lots 3 and 4 Notices Sent: Nine (9) Responses: None Case No. Attachment D ZA01-112 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-384 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 LOTS 3 & 4, BLOCK 2, CONTINENTAL PARK ESTATES, AND BEING APPROXIMATELY 5.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-20B" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "SF-20B" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a Case No. Attachment E ZA01-112 Page I person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their Case No. Attachment E ZA01-112 Page 2 original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lots 3 & 4, Block 2, Continental Park Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-98, Page 23, Plat Records, Tarrant County, Texas, and being approximately 5.0 acres, and more fully and completely described in Exhibit "A" from "SF-20B" Single Family Residential District to "SF-1A" Single Family Residential District. Case No. Attachment E ZA01-112 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment E ZA01-112 Page 4 Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public Case No. Attachment E ZA01-112 Page 5 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 ATTEST: day of , 2001. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Case No. ZA01-112 Attachment E Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA01-112 Page 7 EXHIBIT "A" Being Lots 3 & 4, Block 2, Continental Park Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-98, Page 23, Plat Records, Tarrant County, Texas, and being approximately 5.0 acres Case No. Attachment E ZA01-112 Page 8 City of Southlake Department of Planning STAFF REPORT November 16, 2001 CASE NO: ZA01-110 PROJECT: Nextel Antenna REQUEST: JOM Inc., on behalf of G.L. Johnson and Nextel of Texas, Inc., is requesting approval of a specific use permit for a telecommunication antenna and ancillary building. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of specific use permit. " "` ATTACHMENTS: (A) Background Information _- - (B) Vicinity Map (C) Site Exhibit (D) Site Plan Review Summary (E) Developer's comments (F) (G) Surrounding Property Owner Map Surrounding Property Owner's Responses (H) Resolution No. 0 1 -068 (I) Full Size Plans (For Commission and Council Members Only) - STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-110 BACKGROUND INFORMATION OWNER: G.L. Johnson APPLICANT: JOM Inc., for Nextel of Texas Inc. PURPOSE: The purpose of this request is to co -locate a second antenna on an existing telecommunications tower and construct an equipment building. PROPERTY SITUATION: This property is located at 1947 East Continental Blvd at the southwest corner of Timberline Ct and E. Continental Blvd, approximately 1,500 feet west of Crooked Lane. HISTORY: There is no development history on the property. The property was given the "I-1" Light Industrial District designation due to an existing industrial building and telecommunications tower on the property. LEGAL DESCRIPTION: Tract 1B IOD situated in the Harrison Decker Survey, Abstract No. 438, being approximately 0.7755 acres. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "I-l" Light Industrial District P&Z ACTION: November 8, 2001; Approved (7-0) subject to Site Plan Review Summary No. 3, dated November 2, 2001, granting variances for review comments listed as 3a (building height and square footage) and 3b (masonry requirements according to "Residential Adjacency Standards"). STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated November 16, 2001. The applicant is requesting variances to the following requirements: • The equipment building shall not exceed 10' in height nor 180 square feet in total area (per Section 45.8.5.9.d). • The equipment building must be constructed of masonry materials meeting the requirements of "Residential Adjacency" standards (per Section 43.13.a). Case No. Attachment A ZA01-110 Page 1 Vicinity Map Nextel Antenna Co -location 1000 0 1000 2000 3000 Feet LUT 0► S E Case No. Attachment B ZA01-110 Page 1 Kq Irsa 4: W rr 4 ]! '�.s, '.tiF�� i..zi ,.� zr, ....... as t+Iz, axz,tr. L009L X! '•CC !NV21W_ '3HY1i4111C5 OAl6 N1JL3NUNOa 3 4O4l SAM w"BodOilOf1 ltl011Y�iN[I�O�i77LL b/�ut[!i i I I ti S:13Nf!YN� !JNLL II75h 9 �Nt 1JiC 'H Otry: '•war svxaz -n:: NO ialtli! j=InAO! 1L" I t6R k �- �Yi s e w`'pa. .::,r..�ps Ni dC r �+► �IjilA3dl�sl9 183A V n a. V �a W, rYr{l1�Y .aY IiOd an NY'N Z"m Q# OI � ` Y iQTO.A.Le 3JLIi► (1�v1LL 7r 7ftl'O) �31t11 133HC t �-;; ie� ��. 01 _ I Case No. ZA01-110 i)`r €s '4 grg r YY mw., Attachment C Page 1 SITE PLAN REVIEW SUMMARY Case No.: ZA01-110 Revised Review No.: Three Date of Review: 11/16/01 Project Name: Site Plan — Nextel Antenna APPLICANT: JOM Inc., for Nextel of Texas OWNER: Raul Ordonez G. L. Johnson 1613 Tantor Rd. Dallas, TX 75229 PHONE: (972) 556-1026 FAX: (972) 556-1027 3416 Rolling Hills Drive Grapevine, TX 76051 PHONE: (817) 488-1775 FAX: 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 CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. 1. The following changes are needed with regards to screening: a. An eight foot solid fence, masonry wall, or wrought iron fence with dense evergreen hedge is required along the compound boundary. There is an existing 6' chain link fence to the north and east where it meets up with an existing 8' chain link fence that surrounds the compound. The applicant is proposing to construct a solid 8 foot tall wooden fence. b. Plant materials meeting the requirements of an "F-2" bufferyard are required along the north, south and east boundaries of the compound. The plantings are deficient as noted in the attached chart. The applicant agrees to comply with the landscape requirements. 2. All fences must have a Knox Box or other entry approved by the City's Fire Marshall. 3. The following change are needed regarding the proposed antenna and equipment building: a. Correct the size and height of the equipment building. The equipment building cannot exceed 10' in height nor be more than 180 square feet in total area. The applicant is proposing a pre fabricated equipment building with dimensions of 10' x 20' and a height of 10' 6 ". (a variance has been requested) b. The site is residentially adjacent requiring that the equipment building be constructed of masonry materials as approved in the Ordinance No. 480, Section 43.13a. The applicant is proposing a concrete aggregate prefabricated building, similar to a "tilt -wall " construction. (a variance has been requested) Case No. Attachment D ZA01-110 Page 1 INFORMATIONAL COMMENTS * The applicant should be aware that no more than 3 equipment buildings associated with the telecommunications tower shall be permitted on a single lot. Approval of this request would place two equipment buildings on the site. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a 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. (A one -lot plat showing has been submitted to and approved by the Planning Department) This review is based on the "I-l" Zoning District Regulations. SUMMARY CHART — REQUIRED PLANTINGS Location Length Bufferyard Width - Type Canopy Trees Accent Trees Shrubs Fence / Screening Height & Material North Required 54' — 2 4 7 None Provided 54' — 2 0 12 None South Required 54' — 2 4 7 None Provided 54' — 2 3 0 None East Required 82' — 3 7 10 None Provided 82' 0 0 8 None West Required N/A — Provided N/A — Case No. Attachment D ZA01-110 Page 2 Nextel Communications I W) Noilh PfosPrnl Drive, Richardson. X 75081 10111,901 City ofSouthlake Department of Plannitir j 400 Maw St Suite sib Southlake. TX 76092 De.BT Phuutinr Deparrinem Nexte) of exIL6, Inc, agrees to the Plawjne & Zoning Comnussions recommendations pt:3 the ng ��—lit of Novernbei, 8" Item IA- Nextel rfTexas apees to replace th.- chain link *.cncc irrjmdiate"y sx-mandung the lejecommurization compound with a solid S' faot tall woodim fenre. I'mot 2A- Ntxtcl of Texas, Inc. agTeeg to the landscape tequ!TeTWWS ( Plant MatenaiS - F.2" huffrryArd requirement} and does not seek a variance on this issue, Sincerely, /0 � 4� ILA, Mike Curitunchan) Dennis Lowry 2 wireless Nrxtel Senior Site NvElopm-ml Manager 972. 6"70- 11 R Case No. Attachment E ZA01-110 Page 1 Surrounding Property Owners Nextel Antenna Co -location Owner Zoning Land Use Acreage 1. Randy Bollig 1. SF-20A 1. Med. Density 1. 0.674 Builder Inc. Residential 2. S. Davis 2. L-1 2. Industrial 2. 2.790 3. City of Southlake 3. L-1 3. Industrial 3. 2.857 4. City of Southlake 4. L-1 4. Public/Semi-Public 4. 4.214 5. D. Stowe 5. L-1 5. Industrial 5. 1.304 6. S. Hughes 6. L-1 6. Industrial 6. 0.445 7. S. Hughes 7. L-1 7. Industrial 7. 0.455 8. R. Underwood 8. MF-1 8. Industrial 8. 0.464 9. L. Cook 9. MF-1 9. Industrial 9. 0.473 10. W. Lightcap 10. MF-1 10. Industrial 10. 0.473 11. G. Johnson 11. L-1 11. Mixed Use 11. 1.037 12. J. Farris 12. MF-1 12. Mixed Use 12. 0.512 13. R. Eakins 13. MF-1 13. Mixed Use 13. 0.544 Case No. Attachment F ZA01-110 Page 1 Surrounding Property Owners Responses Nextel Antenna Co -location Notices Sent: Ten (10) Responses: None Case No. Attachment G ZA01-110 Page 1 RESOLUTION NO. 01-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS ANTENNA AND AN ANCILLARY STRUCTURE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACT 1B10D SITUATED IN THE HARRISON DECKER SURVEY, ABSTRACT NO. 438, BEING APPROXIMATELY 0.7755 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a telecommunications antenna and an ancillary structure has been requested by a person or corporation having a proprietary interest in the property zoned as "I-l" Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (38) and 45.8 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given 4 the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a telecommunications antenna and an ancillary structure on the property being legally described as Tract 11310D situated in the Harrison Decker Survey, Abstract No. 438, being approximately 0.7755 acres, more fully and completely described in Exhibit "A", and as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit Case No. Attachment H ZA01-110 Page 1 "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2001. CITY OF SOUTHLAKE By: ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas Rick Stacy, Mayor Case No. Attachment H ZA01-110 Page 2 EXHIBIT "A" Being Tract 1B10D situated in the Harrison Decker Survey, Abstract No. 438, and being approximately 0.7755 acres. Legal Description Being a 0.7755 acre tract of land being all of that certain; called 0.755 acre tract conveyed to George L. Johnson by deed recorded in Volume 12620, Page 1255 of the Deed Records of Tarrant County, Texas, also being out of and a part of that certain called 67.15 acres tract conveyer to F. W. Dobeecka by deed recorded in Volume 4307, Page 652 of the Deed Records of said County and also being known; as Tract 50 of an unrecorded plat, situated in the Harrison Decker Survey, Abstract No, 438, City of Southlake, Tarrant County, Texas, said 0.7755 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast corner of said called 67.15 acres tract, said point also oeing in the south right-of-way lin= of Continental Boulevard; THENCE North 89004'09" East, u;ong the north line of said 67.15 acres tract and along said south right -of -+ray line, a distance of 5,48.C6 zo the POINT OF BEGINNING of the Herein described tract; THENCE North 89004'09° East, continuing along the last mentioned line and along the north line of said Johnson tract, a distance of 2174,014 feet to a "*'Int for northeast corner of the herein described tract; THENCE South 00°52'32" East, a distance of .23,97 feet to u point for the southeast corner of the herein described tract; THENCE South 8902353"West, a distance of 274.40 feet to a point for the southwest corner of the herein described tract; THENCE North 00°42'28" West, a distance of 122.40 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.7755 acre or 33,779 square feet of land, more or less. Case No. Attachment H ZA01-110 Page 3 EXHIBIT "B" Case No. Attachment H ZA01-110 Page 4 IN IM IN Irm St ANON:- ON I III-SN t-1 ' e V�1. I r,w lit �J Case No. ZA01-110 tr.,rt ocs I Lr :T z�two uM4 XI '= .!WtlWl '3xFlgkmos 'OA$ un Mod Orlon lV1N.3NL1N0.7 lOtt tM01L1191Yn1111ro�lSil ONU MIlx tans -x,•ax+,t•.Ht ',:r 3:son� ti ouyt '7NI 'SY1GJ. 'Ci1X.iN w��yr■ y� n r� IN7 IVZ1Yl/Y 1rONdMbY _ ( I � f t �0 �Ni��� i �.✓ �SBAk O�� YrNYYlYf ANY YOi AIi��y�r �/ • �iTi fOir.�� .�.: �Qi 'A1T>f 6MY MY9d 1WY OIOICK tt�►al 7r r642.0) .311)1 gg;, pt;3l� e 133Nr f' II p �tiy c • Be t�✓ i 4 `� i w M �J Y\ NI• x z 1 _ 4� lllf 2 Le M, Attachment H Page 5 EXHIBIT "C" This page reserved for the approved City. Council motion. Case No. Attachment H ZA01-110 Page 6 City of Southlake Department of Planning MEMORANDUM. November 16, 2001 TO: Honorable Mayor and City Council Members FROM: Ken Baker, AICP, Senior Planner SUBJECT: Resolution No. 0 1 -060-Amemdment of the Master Thoroughfare Plan Map to provide for an Arterial Street (Kirkwood Boulevard Extension) from West Dove Street to North Kimball Avenue, north of State Highway 114. Action Requested: Amend the Master Thoroughfare Plan (MTP) to indicate the general alit of an arterial street (Kirkwood Boulevard Extension) from West Dove Street to North Kimball Avenue, north of State Highway 114 as shown on "Exhibit A" of the attached resolution (Resolution 01-060-See Attachment A). The portion of the roadway north of Highland Street shall be designated as a divided four (4) lane arterial (A4D-100') with 100' of right-of-way (R.O.W.). The portion of the Kirkwood Boulevard Extension along Highland Street west of Carroll Avenue will remain designated as four (4) lane undivided arterial (A4U-74') with 74' of R.O.W. (See "Exhibit A" of the attached resolution). The portion of the Kirkwood Boulevard Extension roadway along Highland Street east of Carroll Avenue and south of Highland Street shall be designated as an undivided three (3) lane arterial (A3U-74') with 74' of R.O.W. Also, amend the MTP text to include the following (See "Exhibit B" of the attached resolution): • Speed limit not to exceed 35 miles per hour; • Kirkwood Boulevard Extension north of Highland Avenue shall include a large planted median (>25 feet), street trees, bikelanes, and a pedestrian path or sidewalk that parallels the roadway; • Kirkwood Boulevard Extension south of Highland Avenue shall include street trees, bikelanes, and a pedestrian path or sidewalk that parallels the roadway; • The intersection of Kimball Avenue and the Kirkwood Boulevard Extension should be signalized; • Further study the Carroll Avenue/Highland Avenue intersection area as part of the overall mobility study; • The portion of Kirkwood Boulevard Extension that is located on the Jeroll ILI Shivers tract shall not be constructed until such time as the property is sold and developed. Background: On October 16, 2001, the City Council conducted a public hearing to consider the amendment of the Master Thoroughfare Plan (MTP) to indicate the general alignment of an arterial street (Kirkwood Boulevard Extension) from West Dove Street to North Kimball Avenue, north of State Highway 114 (Resolution 01- 060). The City Council voted (7-0) to table this item and to continue the public hearing, with the following meeting not being less than one (1) month away. Issues Raised at the 10/16/01 City Council Meeting: The following issues were raised at the 10/16/01 City Council public hearing on the possible MTP amendment to include Kirkwood Boulevard Extension: Discussion of Issues: 1. Shiver's Property -Crossing of the roadway across the Shiver's property located south of Dove Street and west of White Chapel Boulevard. 2. Crossing of the roadway at the Highland Street/Carroll Avenue intersection. 3. The Timarron Commercial Tract III zoning limits access to east Highland Street to one (1) full access location for residential uses or one (1) emergency crash gate for CS, O 1 and B 1 uses. Issue #1-Crossing of the Shivers Property At the 10/16/01 City Council meeting, Jeroll Shivers indicated that he did not desire the road through his property until such time as it was sold and developed. He also indicated that if the property was sold, that the buyer should have some latitude on the location of the road through the site. Staff Response: It is the intent of the City that the majority of Kirkwood Boulevard Extension be built by the developer as construction occurs along this corridor. While the actions of future City Councils cannot be 100% guaranteed, staff believes that it is very unlikely that the City will use it eminent domain powers to "take" property for the extension of this roadway. If the property was ever acquired to accommodate Kirkwood Boulevard Extension, the City would be required to pay "fair market value" for the purchase of the land. The alignment of the thoroughfare map is intended to be general in nature. If the Shiver's property is sold and developed, the owner would have some latitude in the location of the roadway. The roadway's ultimate location and design would be reviewed in conjunction with a site plan submittal. Staff Recommendation: Staff is proposing that a note be placed on the MTP map and text to indicate that the roadway on the Shiver's property not be constructed until such time as it sold and developed (See Attachment A -Exhibit A and Attachment Q. - 2 - MTP Amendment City Council Meeting November 26, 2001 Issue #2-The intersection of Highland Street and Carroll Avenue The ultimate design of the Highland/Carroll intersection and how Kirkwood Boulevard Extension will ultimately cross this area remains an issue and concern due to the three (3) schools at this intersection at its close proximity to the SH- 114 Highway. It is likely that the Carroll Intermediate School will relocate further east on Highland Street and the current building will be remodeled for administrative offices; however, this decision has not been finalized and is dependent on the outcome of a future school bond election. This intersection is projected to have 2,712 vehicles during the A.M. peak hour under build -out without the Kirkwood Boulevard Extension and 2,840 vehicles during the A.M. peak hour under build -out with the Kirkwood Boulevard Extension. Therefore, this intersection will be required to handle a large volume of traffic in the future regardless of whether or not Kirkwood Extension in constructed. Staff 'Recommendation: Staff is recommending that the general alignment of Kirkwood Road Extension through the Carroll Avenue/Highland Road intersection not be shown. Instead, staff is recommending that this intersection be studied in conjunction with the C.I.S.D during the upcoming Mobility Plan and that an alignment recommendation be presented to City Council at a later date. The ultimate use of the current middle school building will have a significant baring on the final recommend alignment presented to City Council. - Issue #3- The Timarron Commercial Tract III zoning limits access to East Highland Street The Timarron Commercial Tract III states the following: Access to East Highland Street will be restricted to one (I)full access for residential uses or on emergency "crash gate" for CS, 01, and BI uses (See Attachment B). If the Kirkwood Boulevard Extension that serves Aventerra's tract III is constructed, it may access either on to Highland Avenue or Carroll Road. The final connection point would not be determined until the study of the Highland Avenue/Carroll Road intersection is completed. Either access will likely be via current CISD property and not Aventerra property. If residential units are constructed on Aventerra's tract III, by ordinance they must be located on the northern portion of the tract III•in either.parcels A and/or D. It is most likely that these residential units will be built in Parcel A, given -Parcel D's close proximity to Kimball Avenue (See Attachment B). It is likely that if the Kirkwood Boulevard Extension is not built, this residential units will access onto E. Highland directly across or east of Highland Estates. In addition, it is likely that this residential area will have a second connection back to Aventerra's main road. - 3 - MTP Amendment City Council Meeting November 26, 2001 Staff Recommendation: Again, staff is recommending that the general alignment of Kirkwood Boulevard Extension through the Carroll Avenue/Highland Road intersection not be shown on the MTP. Instead, staff is recommending that this intersection be studied in conjunction with the C.I.S.D during the upcoming Mobility Plan and that an alignment recommendation be presented to City Council at a later date. Kirkwood Boulevard Extension Justification: Kirkwood Boulevard Extension is an east -west arterial located north of State Highway (SH) 114. The roadway will begin near the intersection of Kirkwood Avenue and West Dove Street and run parallel to S.H. 114 to North Kimball Avenue Staff believes that the roadway is needed to accommodate traffic circulation in the area due to the expected large volumes of vehicle trips that will be created as a result of the currently zoned employment center tracts located along the SH-114 corridor. More specifically, the purpose of the roadway is as follows: 1) improve the overall traffic circulation along the SH-114 corridor; 2) improve access to the employment centers north of SH-114; 3) reduce traffic volumes along the SH-114 frontage roads; and 4) allow residents who live north of SH-114 and employees working along the SH-114 corridor the ability to access the various employment centers without traveling on the SH-114 frontage roads. FUTURE DEVELOPMENT ALONG THE STATE HIGHWAY 114 CORRIDOR (NORTH SIDE Aventerra is currently planning a large 550-acre master planned development located just north of SH-114. This development consists of three (3) large tracts with multiple uses planned including office, retail shops and restaurants. Also, there are two (2) other largely undeveloped areas that are located between Aventerra's three (3) tracts. One is the Shivers (40 acres) property which is located west of White Chapel Boulevard and east of SH-114. This property is currently not zoned but has a mixed use land use designation. The other largely undeveloped parcel is Carroll Corner (16 acres). This property is currently zoned C-3. In addition, there are also opportunities for redevelopment just north of SH-114, including the Mesco Metal site which is located along Kimball Avenue. EMPLOYMENT PROJECTIONS ALONG THE SH 114 CORRIDOR The City's Land Use Assumption Report, which is required by Chapter 395 of the Texas Local Government Code, is the basis from which all capital improvements plans for impact fees are to be created. A component of this report is the employment growth projections for a ten (10) year period. The employment growth projections are made for each of the City's eight (8) impact fee roadway service areas The S.H. 114 corridor lies primarily in roadway service areas 2 and 4. Also, a small portion of service area 3 is located along the S.H. 114 corridor. The Land Use Assumption Report has projected that by 2010, there will be 8.5 million square feet of office, retail and service uses located along the SH-114 corridor, which will result -4- MTP Amendment City Council Meeting November 26, 2001 in approximately 20,000 employees. ROLE OF STATE HIGHWAY 114 Broadly defined, the State Highway 114 corridor is an approximately forty (40) mile stretch, from its intersection with Interstate 35E in Dallas to Interstate 35W in Fort Worth. The corridor includes some of the fastest growing communities in Dallas - Fort Worth and links several of its major employment centers (Los Colinas, DFW and Alliance) The corridor will also function to serve future employment centers in Southlake and Westlake (Circle T Ranch). State Highway 114's function as a link between DFW and Alliance deserves particular emphasis: DFW is one of the nation's busiest airports, while Alliance is an increasingly important multimodal distribution center. Together, they represent the key transportation hub of the mid- continent United States and make the area extremely attractive nationally and internationally as a location for business and industry. State Highway 114 should be viewed as an economic development imperative, both to accommodate a steadily increasing volume of motor vehicle traffic and to ensure that traffic congestion does not jeopardize the ability of the corridor communities to compete successfully for new business and capital investment (Source -Explosive Growth in the 114 Corridor, H. Gross, PhD., B. Weinstein, PhD. And T. Clower, MS -University of North Texas Center for Economic Development and Research). State Highway 114 is freeway that is designed in Southlake to function as a thoroughfare that: • -Carries high volumes of traffic regionally and inter -regionally • Carries traffic into Southlake (i.e shopping/work) • -Conducts traffic out of Southlake (i.e. Dallas commute) • Passes traffic through Southlake. The SH-114 freeway and associated frontage are not designed to carry local trips. The current roadway configuration in Southlake will force most local trips destined for the employment/shopping centers along SH-114 corridor onto the freeway frontage roads. This will add additional traffic to the considerable volumes of traffic projected in 2025. WHY IS MTP MAP AMENDED NEEDED AT THIS TIME? Most all the large commercial properties located north of SH 114 are not platted at this time. The MTP map amendment will allow the City to require R.O.W. for the Kirkwood Boulevard Extension as these properties are platted. Some of these commercial properties are expected to file preliminary plats in the near future. More specifically, the MTP Map amendment: • Creates a city policy establishing a local street network to accommodate local trips; - 5 - MTP Amendment City Council Meeting November 26, 2001 • MTP amendment allows the city to obtain R.O.W. on the large commercial tracts north of SH-114 (Most all commercial tracts not platted at this time); and Allows traffic impact fees and CIP funds to utilized in the construction of Kirkwood Extension. MTP Amendment Options: Staff has prepared four (4) MTP amendment options for the City Council to consider (See Attachments D,E, F, and G). Below is a brief description of each of the options, along with the staff identified positives and negatives associated with each. OPTION #1- Kirkwood Road Extension from Dove Street to Kimball Avenue Option #1 begins at Dove Road and extends to Kimball Avenue. The portion of the roadway north of Highland Street shall be designated as a divided four (4) lane arterial (A4D-100') with 100' of right-of-way (R.O.W.). The portion of the Kirkwood Boulevard Extension roadway south of Highland Street shall be designated as an undivided three (3) lane arterial (A3U-74') with 74' of R.O.W (See Attachment Q. Characteristic of the roadway north of Highland Street should include a large planted median (>25'), sidewalks, and hike and bike trails. The roadway south of Highland Avenue is recommended to be a three (3) lane undivided roadway with 70' of right-of-way. rosrtrves 1. Provides additional access to the mixed use land use designated properties located just north of State Highway 114, which will result in possibly reducing trip lengths and the overall U-turning traffic on the frontage roads; 2. Reduces traffic volumes (5%-15%) along the SH-114 frontage roads which will result in the improved level -of -service (LOS) at the SH-114 frontage road intersections; 3. Significant reduction in traffic volumes along East Highland Avenue; 4. Provides residents north of S.H. 114 the ability to access the Aventerra and other nearby mixed use land use designated properties without traveling on the State Highway 114 frontage road; 5. Allows workers to travel between employment centers without having to utilize the State Highway 114 frontage roads; 6. Provides the City with an additional east/west arterial, which will help in the reduction of congestion on SH-114 during peak hours of 1Net?auves 1. The roadway will have to cross a floodplain area west of Carroll Road; and 2. Increases traffic ,(+128-A.M.-peak) at the Carroll Road / Highland Avenue Intersection. - 6 - MTP Amendment City Council Meeting November 26, 2001 operation and during unforeseen traffic incidences; 7. A new east/west connector north of SH-114 may allow the City to reduce the ultimate construction of Dove Street from a five (5) lane road to a three (3) lane road. 8. Direct access to the Dove Road /114 interchange; 9. Future roadway is impact fee eligible OPTION #2 - Kirkwood Road Extension from White Chapel to Kimball Avenue Option #2 begins at White Chapel Boulevard and extends to Kimball Avenue. The design characteristics are the same as option #1 (See Attachment D). rosiuves 1. Eliminates the Shiver's property crossing issue; 2. Significant reduction in traffic volumes along East Highland Avenue; 3. Provides residents north of S.H. 114 the ability to access the Aventerra and other nearby mixed use land use designated properties without traveling on the State Highway 114 frontage road; 4. Allows workers to travel between employment centers without having to utilize the State Highway 114 frontage roads; and 5. Provides the City with an additional east/west arterial, which will help in the reduction of congestion on SH-114 during peak hours of operation and during unforeseen traffic incidences; and 6. Future roadway on Aventerra tract II & III is impact fee eligible. MR iNegatives 1. Increases traffic on SH-114 frontage roads; 2. Little or no traffic reduction on Dove Street. Road; 3. The roadway will have to cross a floodplain area west of Carroll Road; 4. Increases traffic at the Carroll Road - Highland Avenue Intersection; 5. Increases traffic on White Chapel Boulevard during peak hours; 6. No R.O.W dedication on the Shiver's tract required; 7. Any future road on the Shiver's tract or Tract I of Aventerra is not impact fee eligible; and 8. Overall traffic circulation and efficiency in the area is decreased versus Option #1. MTP Amendment City Council Meeting November 26, 2001 OPTION #3 - Kirkwood Road Extension from White Chanel to Highland Avenue This option begins at White Chapel Boulevard and extends south to Highland Avenue. The design characteristics are the same as option #1 (north of Highland Avenue -See Attachment E). rwuivob 1-4c aLivw 1. Eliminates the Shivers and Carroll/Highland 1. Increases traffic on the SH-114 frontage crossing issues; roads, Highland, Carroll, Dove and White Chapel during peak times; 2. Increases access and road frontage to commercial properties along Highland; and 3. Future roadway on Aventerra tract 11 is impact fee eligible. 2. The roadway will have to cross a floodplain area west of Carroll Road; 3. Overall traffic circulation and efficiency in the area is decreased versus Option #1 & #2; and 4. Future roadways on Aventerra tracts I & III are not roadway impact fee eligible. OPTION #4 — Aventerra's Planned Local Collectors This option reflects Aventerra's local road systems. Both shall be designated as a divided four (4) lane arterial (C4D-100') with 100' of right-of-way (R.O.W.). Characteristic of the roadway include a large planted median (>25'), sidewalks, and hike and bike trails (See Attachment F). Positives Negatives 1. Future roadway on Aventerra tracts II & III are 1. Increases traffic on the SH-114 frontage impact fee eligible; and roads, Highland, Carroll, Dove and White Chapel during peak times; and 2. Eliminates the Shivers and Carroll/Highland crossing issues. 2. Inefficient traffic circulation and efficiency. Financial Considerations: There are no financial issues to consider with this amendment. However, the right- of-way necessary for the Kirkwood Boulevard Extension will be required to be dedicated to the city based on its inclusion on the MTP map. Also, inclusion of the roadway on the MTP map will allow roadway impact fees to be applied to the construction of the roadway. The roadway is expected to be built primarily through the combination of developer contribution, impact fees and CIP funds. _ g _ MTP Amendment City Council Meeting November 26, 2001 A Citizen Input/ Board Review: A. SPIN MEETING The planning staff attended a City wide SPIN meeting on September 27, 2001 to present the Kirkwood Boulevard Extension thoroughfare plan map amendment. Approximately 80 people were in attendance at the meeting. B. PLANNING AND ZONING COMMISSION MEETING The Planning and Zoning Commission held a public hearing on this item at its October 4, 2001 meeting. At that meeting, the staff presented it recommended general alignment and an alignment suggested by a number of citizens at the September 27, 2001 SPIN meeting. In addition, staff presented recommended wording to be added to the MTP text (see Attachment A -Exhibit B). The Planning and Zoning Commission recommended approval of Resolution 01-060 (5-0), specifically stating that the alignment as shown on Attachment G-Option #2 be reflected on the MTP map and that the MTP text be amended to include the bullet items presented in the staff memo (See Attachment G). C. City Council The City Council held a public hearing on Resolution 01-060 at its October 16, 2001 meeting. Council voted (7-0) to table this item and to continue the public hearing, with the following meeting being at least one (1) month away. Supporting Documents: Attachment A -Resolution 01-060 Attachment B-Timarron Commercial Map Attachment C-Option #1-Kirkwood Extension Attachment D-Option #2-Kirkwood Extension Attachment E-Option #3-Aventerra Local Collector —Tract II Attachment F-Option #4-Aventerra Local Collectors —Tract II & III Attachment G-Planning and Zoning Commissions Recommended Alighnment Attachment H-Option #1- General Alignment of Kirkwood Blvd. Extension KMB/kmb Attachments (8) MTP Amendment City Council Meeting November 26, 2001 ATTACHMENT A RESOLUTION NO.01-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FOR AMENDMENT TO THE ADOPTED MASTER THOROUGHFARE PLAN MAP TO INDICATE THE GENERAL ALIGNMENT OF AN ARTERIAL STREET (KIRKWOOD BOULEVARD EXTENSION) FROM WEST DOVE STREET TO NORTH KIMBALL AVENUE, NORTH OF STATE HIGHWAY 114. THE PORTION OF THE ROADWAY NORTH OF HIGHLAND STREET SHALL BE DESIGNATED AS A DIVIDED FOUR (4) LANE ARTERIAL (A4D-100') WITH 100' OF RIGHT-OF-WAY (R.O.W.). THE PORTION OF THE KIRKWOOD BOULEVARD EXTENSION ALONG HIGHLAND STREET WEST OF CARROLL AVENUE WILL REMAIN DESIGNATED AS FOUR (4) LANE UNDIVIDED ARTERIAL (A4U-74') WITH 74' OF R.O.W.. THE PORTION OF THE KIRKWOOD BOULEVARD EXTENSION ROADWAY ALONG HIGHLAND STREET EAST OF CARROLL AVENUE AND SOUTH OF HIGHLAND STREET SHALL BE DESIGNATED AS AN UNDIVIDED THREE (3) LANE ARTERIAL (A3U-74') WITH 74' OF R.O.W.. ALSO, AMEND THE MTP TEXT TO INCLUDE THE FOLLOWING: 1) SPEED LIMIT NOT TO EXCEED 35 MILES PER HOUR; 2) THE ROADWAY NORTH OF HIGHLAND AVENUE SHALL INCLUDE A LARGE PLANTED MEDIAN (>25 FEET), STREET TREES, BIKELANES, AND A PEDESTRIAN PATH OR SIDEWALK THAT PARALLELS THE ROADWAY; 3) THE ROADWAY SOUTH OF HIGHLAND AVENUE SHALL INCLUDE STREET TREES, BIKELANES, AND A PEDESTRIAN PATH OR SIDEWALK THAT PARALLELS THE ROADWAY; 4) THE INTERSECTION OF KIMBALL AVENUE AND THE KIRKWOOD ROAD EXTENSION SHOULD BE SIGNALIZED; 5) FURTHER STUDY THE CARROLL AVENUEMIGHLAND AVENUE INTERSECTION AREA AS PART OF THE OVERALL MOBILITY STUDY; AND 6) THE PORTION OF KIRKWOOD BOULEVARD EXTENSION THAT IS LOCATED ON THE JEROLL SHIVERS TRACT SHALL NOT BE CONSTRUCTED UNTIL SUCH TIME AS THE PROPERTY IS SOLD AND DEVELOPED. 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 - 10 - MTP Amendment City Council Meeting November 26, 2001 WHEREAS, Section 11.06 of the Southlake City Charter provides for the adoption and updating of a Comprehensive Master Plan and its components, including the Master Thoroughfare Plan; and WHEREAS, the Planning and Zoning Commission has forwarded a recommendation for an amendment to the Master Thoroughfare Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 Pursuant to Section 11.06 of the Southlake City Charter, the Comprehensive Master Plan, of which the Master Thoroughfare Plan is a component, may be submitted in whole or in part from time to time to the Council for their adoption, accompanied by a recommendation by the Planning and Zoning Commission, and shall contain a planning consideration for a period of at least ten (10) years. The proposed amendment to the Master Thoroughfare Plan, noted by graphical depiction in Exhibit "A" and written description in Exhibit `B" attached hereto, is hereby approved. SECTION 2 The different elements of the Comprehensive Master Plan, as adopted and amended by the City Council from time to time, shall be kept on file in the office of the City Secretary of the City of Southlake, along with a copy of the minute order of the Council so adopting or approving same. Any existing element of the Comprehensive Master Plan which has been heretofore adopted by the City Council shall remain in full force and effect until amended by the City Council as provided herein. -11- MTP Amendment City Council Meeting November 26, 2001 SECTION 3 This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF 92001. ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas CITY OF SOUTHLAKE Bv: -12- Rick Stacy, Mayor MTP Amendment City Council Meeting November 26, 2001 EXHIBIT "A" PROPERTY DESCRIPTION (TRACT TWO) BEING a 3,267 acre tract of land situated in the T. MAHAN SURVEY, ABSTRACT NO.1049 and being all that certain tract of land described in deed to Schon M. McManus as recorded in Volume 10448, Page 20. Deed Records, Tarrant County, Texas, said 3.267 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the south right—of—way line of East Highland Street (a variable width right—of—way), said point bears NO2'02'55"E a distance of 16.21 feet and S89'00'00"E, a distance of 178.84 feet from the northeast corner of Lot 1, T. Mahan No. 1049 Addition on addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A. Slide 3583, Plat Records, Tarrant County, Texas; THENCE S89'00'00"E, along the south right—of—woy line of said East Highland Street, a distance of 250.01 feet to a point for corner at the intersection of the south right—of—way line of said East Highland Street and the west right—of—way line of North Kimball Avenue (a variable width right—of—way); THENCE SOO'32'17'W, along the west right—of—way line of said North Kimball Avenue, a distance of 556.19 feet to a point for corner; THENCE N89'19'06"W, leaving the west right—of—way line of said North Kimball Avenue and along the north line of Lot 1, Hanna Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plot recorded in Volume 388-202, Page 71, Plat Records, Tarrant County, Texas, a distance of 261.02 feet to a point for corner; THENCE N01'40'11"E, leaving the north line of said Lot 1, Hanna Addition, a distance of 557.66 feet to the POINT OF BEGINNING and containing 142,291 square feet or 3.267 acres of land. Case No. Attachment G ZA01-092 Page 8 In C 3 a m I • I -� •ty •Tva't i I i "cry � :s �° � Sn � I llilt �a EXHIBIT "B" R — y Ya� i d $9 a iiii� OR E g�sfie. 8_ pC r i jli j i fa .its...... to Aaii E E E f l ! �� 4 s kl rE [ [ i� [ iI 5EE6 CciT a T{q ^�' tgo p� a f �iF •.1 I`I -�sli� [ ^�' i��:. W7 R CIE o I -- r� I Cat — :$---- — --- g -- -�E# --�+- I--- -------- r— ----- O s� � �� _�T- �•r a 1 Z— � I m o E I j � R � •� � 4 ¢j¢� l'�o{'[I j.� 7 ! �+�rii ! y[T�I IT i��•s ma +md � T [ I vim. ,..• - w.i _�rv.�c�nsar usrrw .wol lei ss i 1 a one avrml rest Xv6 I NOl.LlOQY 660!'oN NYl,/YiY :L-_- Case No. Attachment G ZA01-092 Page 9 IN '>Mlsi i AF-{ � 5 M "EXHIBIT B" -Speed limit not to exceed 35 miles per hour. -The roadway north of Highland Avenue shall include a large planted median (>25 feet), street trees, bikelanes, and a pedestrian path or sidewalk that parallels the roadway. -The roadway south of Highland Avenue shall include street trees, bikelanes, and a pedestrian path or sidewalk that parallels the roadway. -The intersection of Kimball Avenue and the Kirkwood Road extension should be signalized. -Further study the Carroll Avenue- Highland Avenue intersection area as part of the overall mobility study. -The portion of Kirkwood Boulevard Extension that is located on the Jeroll Shivers tract shall not be constructed until such time as the property is sold and developed. -14- MTP Amendment City Council Meeting November 26, 2001 m Z CW G U Q F jig 6M; 1 5 O2 tC Show f'A ga: '- <�u anUaAV lleqWL: a-. W -- L-C! I Alp ALA". antlaAV 11 PqWr LU C LU IL O CL peoH 1ade4JOAK-" yy - ie anU,aAV lleqWV *-- peon jadeq).,21NM JZ cr -A City of Southlake Department of Planning STAFF REPORT November 16, 2001 CASE NO ZA01-092 PROJECT: Kimball Park REQUEST: On behalf of Schon M. McManus, Four Peaks Development is requesting zoning and concept plan approval. ACTION NEEDED: Consider first reading for rezoning and concept plan request. 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) Ordinance No. 480-381 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-092 BACKGROUND INFORMATION LW OWNER: Schon M. McManus APPLICANT: Four Peaks Development PURPOSE: The purpose of this plan is to obtain zoning and concept plan approval for 5 duplex buildings, for a total of 10 living units. A Site Plan will have to be approved before any of the units are constructed. PROPERTY SITUATION: The property is located at the southwest comer of East Highland Street and North Kimball Avenue. HISTORY: There is no recent development history on this property. LEGAL DESCRIPTION: A portion of Tract 2C, Thomas Mahan Survey, Abstract No. 1049, being 3.267 acres. LAND USE CATEGORY: Medium Density Residential The Medium Density Residential category is suitable for any single-family detached residential development. Limited low intensity office and/or retail uses may be permitted provided that the nature of the commerce is to support the surrounding neighborhood and that the area is sufficiently buffered from adjacent residential property. Such non-residential uses must be compatible with and not intrusive to the adjacent residential uses. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi -Public categories. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "MF-1" Two Family Residential District TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends that E. Highland St. be a 2-lane, undivided collector street with 70' of R.O.W. The Master Thoroughfare Plan recommends that N. Kimball Ave. be a 5-lane, undivided arterial street with 94' of R.O.W. Adequate R.O.W. has been dedicated. Existing Area Road Network and Conditions E. Highland St. and N. Kimball avenue are both currently 2-lane, undivided collector streets. Case No. Attachment A ZA01-092 Page 1 May, 2001 traffic counts on Highland Street (between Kimball Avenue and Carroll Avenue): Table #1 24hr West Bound (WB) (1,235) East Bound (EB) (1,115 WB Peak A.M. 201 7-8 a.m. Peak P.M. 121 6-7 p.m. EB Peak A.M. 152 8-9 a.m. Peak P.M. (113) 4-5 p.m. May, 2001 traffic counts on Kimball Avenue (between SH114 and Highland Street): Table #2 24hr North Bound (NB) (3,762) South Bound (SB) 3,593 NB Peak A.M. (166) 11-12 a.m. Peak P.M. 338 7-8 p.m. SB Peak A.M. (335) 9-10 a.m. Peak P.M. 242) 7-8 p.m. May, 2001 traffic counts on Kimball Avenue (between Highland Street and Dove Street): Table #3 24hr North Bound B (3,415) South Bound (SB) (3,083 NB Peak A.M. (154) 8-9 a.m. Peak P.M. (332) 3-4 p.m. SB Peak A.M. 328 7-8 a.m. Peak P.M. (203) 5-6 p.m. Traffic Impact Use No. Vtpd* AM- AM- PM -IN PM - of IN OUT OUT units Residential 10 58.6 1 17 4 2 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on Kimball Avenue. Master Trail Plan The Current Trail Master Plan indicates a six (6) foot sidewalk along the west side of North Kimball Avenue and an eight (8) foot multi -use trail along the south side of East Highland Street. The applicant has provided both. WATER & SEWER: There is an existing 12" water line in the east right-of-way of Kimball Ave and jogs over to the west right-of-way at Shady Lane. There is an existing 6" water line in the north right-of-way of Highland Street. An 8" sanitary sewer is existing on Kimball Ave. approximately 500' south of this property. Case No. Attachment A ZA01-092 Page 2 ESTIMATED IMPACT FEES*: Table # Water $18,586.40 (assumes 10 1" meters Wastewater $11,582.40 (assumes 10 1" meters) Roadway $9,921.80 * Final Impact Fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: October 18, 2001; Denied (6-1). COUNCIL ACTION: November 5, 2001; Approved to Table at Applicant's request (6-0). STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated October 12, 2001. The Land Use Plan designation for this tract is Medium Density Residential, which is defined as, "a category suitable for any single-family detached residential development." This plan proposes five two-family dwelling units on five lots. The attached Concept Plan shows that each duplex unit will be a minimum of 1,500 square feet, which is the minimum permitted by the district. However, the developer has indicated that the units could be approximately 2,500 square feet (approximately 5,000 square feet per building.) This site is subject to residential adjacency standards. A Site Plan must be approved for each site prior to issuance of a building permit. Exact size and design would be established with the Site Plan. Due to the recommendation for denial by the Planning and Zoning Commission, a super -majority vote by the City Council is required for approval. Case No. Attachment A ZA01-092 Page 3 7 Case No. ZA01-092 Vicinity Map Kimball Park Addition 1000 0 1000 2000 3000 Feet S E Attachment B Page 1 0 U a n • �y1 s' m T � s a f �i�� a■n�i �� � } � ESE t I .607 — a a k� C z x a 8 x, I� e � I a �I x Case No. Attachment C ZA01-092 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA01-092 Review No.: Three Date of Review: 10/12/01 Project Name: Concept Plan — "MF-1"Zoning for Kimball Park Addition APPLICANT: Four Peaks Development 726 Commerce Street, Suite 109 Southlake, TX 76092 Phone: 817-329-6996 Fax: ENGINEER: Welch Engineering, Inc. 4109 Cagle Drive, Suite D North Richland Hills, TX 76180 Phone: 817-284-1175 Fax: 817-589-0990 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/04/01 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 TARA BROOKS AT (817) 481-2079. 1. Change the labels for the Private Access Easements to Common Access Easements. 2. Show and label a 25' Common Access Easement centered over the drive accessing N. Kimball Avenue. Informational Comments * Fire apparatus access needs to be provided to within 150 feet of all exterior portions of the perimeter of buildings on a "hose -lay" basis. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. This review is based on the "MF-1" Zoning District Regulations. This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43, Part III "Residential Adjacency Standards". 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: Case No. Attach ment D ZA01-092 Page 1 • Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. • Spill -over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment N:\COMMUNrrY DEVELOPMEN nWP-FILES\REV\2001\01-092CP2.DOC Case No. ZA01-092 Attach ment D Page 2 Surrounding Property Owners Kimball Park Addition Owner Zoning Land Use Acreage 1. F. Ferguson 1. SF-1A 1. Low Density Residential 1. 2.31 2. W. Massey 2. B-1 2. Mixed Use 2. 4.00 3. NVE II, Ltd 3. SF-20A 3. Med. Density Residential 3. 0.45 4. NVE H, Ltd 4. SF-20A 4. Med. Density Residential 4. 0.46 5. NVE H, Ltd 5. SF-20A 5. Med. Density Residential 5. 0.49 6. B. Daniel 6. SF-20A 6. Med. Density Residential 6. 0.46 7. NVE H, Ltd 7. SF-20A 7. Med. Density Residential 7. 0.45 8. B. Hugghins 8. SF-20A 8. Med. Density Residential 8. 0.46 9. Southlake Westerra 9. 0-1 9. Mixed Use 9. 10.5 10. H. Miller 10. AG 10. Mixed Use 10. 1.65 11. F. Record 11. AG 11. Mixed Use 11. 1.27 12. E. Huning 12. SF -IA 12. Low Density Residential 12. 2.81 13. S. McManus 13. AG 13. Med. Density Residential 13. 3.68 14. S. McManus 14. AG 14. Med. Density Residential 14. 3.68 15. City of Grapevine 15. 15. 15. Case No. Attachment E ZA01-092 Page 1 Surrounding Property Owner Response Kimball Park Addition NOTICES SENT: Eleven (11) RESPONSES: Two (2) responses were received within the 200' notification area: • Hazel Miller, 5213 McQuade, Ft. Worth, TX., Jack Hanna, 210 CR 260, Gainesville, TX., in favor, "This type of development would be beneficial to that part of Kimball Road and would probably increase the value of raw land surrounding project." (Received October 17, 2001) • Eric A. and Mary A. Huning, 2145 E. Highland, Southlake, TX, in favor. (Received October 18, 2001) Fifteen (15) responses were received outside of the 200'notification area: • Charles Whitacre, Southlake, TX, is opposed " I am totally against this development. This is the beginning of apartments and the end of the Southlake we enjoy." (Received September 24, 2001) • Sherry Berman, Southlake, TX, is opposed "I hope that you will vote against this duplex site that is coming up. It will open the door for many others in Southlake and will put a burden on our school system." (Received October 9, 2001) • John and Lynn Luhmann, Southlake, TX, is opposed. See attached email. (Received October 5, 2001) • Mimi Best, 606 Logans Lane, Southlake, TX, is opposed. See attached email. (Received October 17, 2001) • Christopher D. Smith, 1500 Oak Lane, Southlake, TX is opposed. See attached email. (Received October 15, 2001) • Sherri Glazier, 1203 Plantation, Southlake, TX is opposed. See attached email. (Received October 15, 2001) Case No. Attachment F ZA01-092 Pagel • Rick and Dawn Rudolph, 703 Saxon Trail, Southlake, TX is opposed. See attached email. (Received October 15, 2001) • Carrie Center, 215 Silverwood Cr., Southlake, TX is opposed. See attached email. (Received October 15, 2001) • Susan Barnett is opposed. See attached email. (Received October 15, 2001) • Brandon Baker, President, Buy Owner DFW, Las Colinas, TX is opposed. See attached email. (Received October 15, 2001) • Susan Craney and Steve Hastings, 1020 Alamo Drive, Southlake, TX is opposed. See attached email. (Received October 18, 2001) • James and Mary Ryniak, 705 Shadow Glen Dr., Southlake, TX is opposed. See attached email. (Received October 18, 2001) • David Ackerman, MD is opposed. See attached email. (Received October 18, 2001) • Jamie Brock, Southlake, TX, is opposed, "We recently move to Southlake and live in Timarron. The reason we picked Southlake was the strict guidelines that the City Council had in place for residential building. I am AGAINST the Kimball Park Duplexes, even if you down size by one duplex like Mayor Stacey stated. He will change the image of Southlake if this approved. I am also AGAINST Ordinance 480-MM. Southlake needs to remain with the original ordinance set in place. Why over -crowd schools, and city offices? We need to stay on track to keep this a community that everyone loves and talks about." (Received November 14, 2001) • Bethany Detrich, Southlake, TX, is opposed, "I am completely against ANY multi family developments in Southlake which includes 6 homes on one acre. I did not move to Southlake for this kind of development. I could have stayed in Plano and had these all around me. I am also concerned about how crowded our schools are and with these kinds of developments, it can only get worse. Many Case No. Attachment F ZA01-092 Page2 neighbors feel the same way. Beware of voting for these kinds. of developments." (Received November 15, 2001) A Petition of Opposition bearing 128 signatures was also received. Please see separate attachment. Case No. Attachment F ZA01-092 Page3 Page I of 1 Lorrie Herrick From: jluhmann Gluhmann2@home.com) Sent: Friday, October 05, 2001 10:06 AM To: iherrick@cityofsouthlake.com Subject: Proposed Multi Family Dear Commissioner. I would like to extend my appreciation for your service to our fine city. I would like to advise you as to my position regarding the Kimball Park Duplex proposal on the Southwest comer of E. Highland and N. Kimball. I feel it is not in the best interests of Southlake citizens for the following reasons: 1. These duplexes would be the first ever Multi -Family (MF-1) type zoning in Southlake and (as proposed) be a low -quality development setting a precedent for more of the same. 2. This proposal does not conform to the Southlake Land Use Plan Designation of Medium Density Residential for this site. This is an excellent opportunity for you to make the fith decision for all of Southlake. I thank you for your consideration. Sincerely, John and Lynn Luhmann 718 Saxon Trail Southlake, Texas 76092 t1CCD Gu i 0 J 2001 10/5/2001 Case No. Attachment F ZA01-092 Page 3 Lorrie Herrick From: NONNOW Sent: Wednesday, October 17, 2001 4:26 PM To: Iherrick@cityofsouthiake.com; mrufjim@att.net; redsooner@home.com; dfagIie@aoI.Com,- vbboren@msn.com October 15 2001 Dear Commissioners: I am writing this letter to express my concerns over the proposed Kimball Park Duplex development at he southwest corner of E. Highland and N. Kimball. = feel it is not in th best interest of Southlake for several reasons. F:i.rst, we currently have no multi -family developments in Southlake, and we can barely kee up with the single family growth! More people means more schools, streets, police and fire services, etc. These things don't come cheap -- Southlake citizens have seen their property taxes escalate at least 10� a year for the past several years to pay for these services! Will buyers of multi -family duplexes pay as much in property taxes as we do to cover these services? Secondly, the proposal does not conform to the Southlake Land Use Plan for the develo_:mer. site. The Land Use Plan is a well -thought out, strategic planning tool that many Southlake citizens support. There should be compelling reasons to approve a development that is not in line with the Plan. Please consider these concerns before voting on the Kimball Park Durlex proposal. It's a great time for you to do the right thing for Southlake and its citizens! Sincerely, Mimi Best 606 Logans Lane Southlake, Tx 76092 OECD �: -.. Case No. Attachment F ZA01-092 Page 4 Letter to Commissioner Jones - Kimball Park Page I of I (W Lorrie Herrick From: Sent: Sunday, October 14, 2001 1:46 PM To: Iherrick@cityofsouthlake.com Subject: Letter to Commissioner Jones - Kimball Park October 14, 2001 Dear Commissioner Jones, I would like to express my appreciation for your service to our fine city. The reason I'm writing you is because I'm very concerned about the Kimball Park Duplex proposal on the southwest corner of E. Highland and N. Kimball. I feel it is not in the best interests of Southlake for the following reasons: -DOES NOT CONFORM TO SOUTHLAKE LAND USE PLAN (The land is currently designated medium -density residential, not high -density MF-1.) V —LOW VALUE, HIGH -DENSITY HOUSING HAS A NET NEGATIVE FISCAL IMPACT (According to the Residential Fiscal Impact Studies done by the Center for Urban Policy and Purdue University, the net negative impact is caused by a higher and disproportionate tax burden on lower density homeowners, higher school enrollment, more traffic congestion, greater need for police and fire protection and the devaluation of surrounding properties.) --GREATER BURDEN ON OUR ALREADY OVERCROWDED SCHOOL POPULATION AND HIGHER TAXES. (According to the Southlake Projected Population Report, dated January 1, 2000, the Effective Build -Out upper limit of 35,580 residents is based upon the current Land Use Plan, not on the higher density proposed by this project.) —THE LAND USE PLAN IS A WELL THOUGHT-OUT GUIDE FOR DEVELOPMENT PLACEMENT AND POPULATION PROJECTION. It is used to determine future infrastructure needs and ultimately the property taxes we pay. The reason this proposal is before our council is to get a waiver to increase the population density and eventually our taxes. This incremental dismantling of our Land Use Plan will skew the development and population projections and create future capacity problems for our schools, streets, water, sewer, police and fire protection and eventually increase our taxes. This is an excellent opportunity for you to make the right decision for all of Southlake. Thank you for your consideration. Sincerely, Christopher D. Smith 1500 Oak Lane Southlake, TX 76092 Case No. ZA01-092 EnT Attachment F Page 5 Lorrie Herrick From: Sent: Monday, October 15, 2001 11:30 AM To: Iherrick@cityofsouthlake.com; redsooner@home.com; vbboren@msn.com; dfaglie@aol.com; murfjim@aatt.net Subject: Kimball/Highland Multi -Family Duplex Proposal TO: ALL Planning and Zoning elected officials FROM: Southlake Resident, 1203 Plantation RE: MULTI FAMILY DUPLEX PROPOSAL As residents of Southlake, we APPPOSE strongly the consideration of any multi -family use construction and development in the city of Southlake. We strongly hope and expect that the LAND USE design for Southlake that was put into effect will be substantial reason enough to deny the proposal. It is our understanding that the individual behind the multi -use family duplex development is the same individual that effectively convinced the city to allow smaller than 1 acre residential developments. If we had continued to limit housing development to 1 acre, we wouldn't be in a position to spend excessive time, energy and tax dollars on the issue of 1 or 2 High Schools and road systems would be much more safe and less congested. This multi -family duplex development should obviously be denied without question! Please stick to the integrity of your elected positions and keep Southlake the quality city that it is, free from multi -family duplex. Vote "NO". APPOSE multi -family zoning change. Support existing SOUTHLAKE LAND USE plan. Thank you for your time. .., 3 t .0 J Case No. Attachment F ZA01-092 Page 6 Lorrie Herrick From: Sent: Monday, October 15, 2001 10:24 AM To: Iherrick@cityofsouthiake.com Subject: concerned citizen Dear Commissioner Herrick, Thank you for your service to our wonderful community. We have lived here for three years now and have watched the city of Southlake develope into this outstanding place to live. The reason I am writing to you is that I am concerned about the Kimball Park Cuplex proposal on the southwest corner of E. Highland and N. Kimball. I feel it is not in the best intersts of Southlake citizens for the following reasons: • These duplexes would be the first ever multi -family (M F-1) type zoning in Southlake and (as proposed) be a low -quality development setting a precedent for more of the same. • This porposal does not comform to the Southlake Land Use Plan Designation of Medioum Density Residential for this site. This is an excellent opportunity for you to make a good decision for all. of Southlake - please do not vote for this rezoning. Thank you for your consideration. Sincerely, Rick and Dawn Rudolph 703 Saxon Trail, Sthlake Case No. Attachment F ZA01-092 Page 7 Lorrie Herrick From: Sent: Monday, October 15, �2001r12.44 PM To: Iherrick@cityofsouthlake.com; murFlim@att.net; reddsooner@home.com; vbborne rnsn.com; DFaglie@aol.com Subject: re: MULTI -FAMILY (MF-1) DUPLEXES in Southlake To Whom It May Concern, I am writing to voice my opposition to the Four Peaks Development at the corner of E. Highland and N. Kimball. My family moved here from Highland Park in Dallas two years ago because we saw Southlake as the one place where we could have it all, a first class education for our kids, a first class residential and commercial community, and all for a fraction of what we were paying to live in H.P. If you allow these duplexes to be built we might as well change our city name to Plano, Frisco or any of the other charmless suburbs. I realize that I sound like an alarmist but I Lived in Dallas for 11 years and the "suburbs" except Southlake, have the image of being tacky, cheesy places to live. We cannot afford to put in these kind of developments. Even if these duplexes cost $500,000 a piece they are still nothing but expensive apartments! Please do not allow these kinds of developments to infiltrate our town and destroy the city's image. Sincerely, Carrie Canter 215 Silverwood Cr. RECD. i. i v t9 Case No. Attachment F ZA01-092 Page 8 Lorrie Herrick From: Sent: Monday, October 15, 2001 7:30 AM To: Iherrick@cityofsouthlake.com; murfjim@att.net; redsooner@home.com; dfaglie@aol.com; vbboren@msn.com Subject: Four Peaks Project I am writing to voice my concerns about the proposed multi -family duplex project. Please do NOT support this project, which is not in accordance with the Land Use Plan for Southlake. I am hopeful, and indeed expecting, that the P & Z will vote in accordance with the citizens' wishes. This project has no place in Southlake. Please vote AGAINST this development. Sincerely, Susan Barnett s- Case No. Attachment F ZA01-092 Page 9 Lorrie Herrick From: Sent: Monday, October 15, 2001 9:39 AM To: Iherrick@cityofsouthlake.com Subject: Kimball Park by Four Peaks Development It is my understanding that this development DOES NOT CONFORM to the stated Land Use Plan of Southlake. Is there any reason the P & Z should consider abandoning the Land Use Plan for this development? Tbanks you. Brandon Baker President BUY OWNER DFW Las Colinas 214,654.9777 FX 214.654.9785 Case No. Attachment F ZA01-092 Page 10 Lorrie Herrick From: Sent: Wednesday, October17, 2001 11.40 PM To: Iherdck@cityofsouthiake.com Subject: Multi -Family Development L. Herrick: Please forward our message to eact'e of the P&Z membe—s regarding ton-ight's agenda. Dear P &z Member: We are completely and totally opposed to the zoning change being requested by 4 Peaks Development for the property at highland and Kimball Road. High Density Residential, i part of the Land Use Plan for that area. My reasons are; .s not li Increased strain on school and city resources caused by multi -family housing. Multi -family housing Will not contribute a proportionate amount Of tax dollars to otf the additional. demands created by increased residential density. Vy` 2) Our Master Land rlan was developed to Provide a balanced, well -thought out development plan for Southlake. That plan will serve all our residents by providing appropriate resources from both the city and the school distr.i.ct; and the tax dollars to pay for those resources. Ignoring the plan devalues the city and creates areas where resources are scarce. 3) "'his developer (both with 4 Peaks and previous developmera corporations) has a long history with Southlake of proposing developments that are .ow - budget., nigh profit scenarios. They generally do not conform to the Mas seekter er Land Use P a , such to ove-turn flood od variances from city zon 'rig, "nd often iglic re, existing phenomc.. , S ac}; a 100 year f..l.cod play r,s, many hat _ve tree . etc•. Only tarou•�n ci'_ zer. input and oopvsi on are his developments upgraded to the ,sality we l:;ck for in Southlake. bet .,.op this corporation from holding Southlake citizens hostage throu.rh meeting after meeting! Send him back to his office, and ::ell him lring quality development plan that conforms to our Master Land Use Plan and would ne one South'.a!Ke citizens could be proud of! 1n addition, the new residential developments just east of that area and ba;A to the we on Highland is high -quality, mostly 1+ acre parcels Witt; st homes in excess of-300,000-400,000. -hose homeowners Who have invested in that corner cf Southlake would be poorly served by having multi -family housing located just around the corner. sncidentally, I have lived in Southlake for 11 years and have watched it . mature from a small town to small city. Much of our development is appropriat:e, suitable and pleasing to look at. Let's be even more particular, not less, wi*h the parcels of '_and we heave left for development. We have to live with those dec_srnns for a r, ' long time. Sincerely, Susan. Craney & Steve Hastings 1020 Alamo Drive € 17) 329-0541 jscraney@att.net Case No. ZA01-092 �J Attachment F Page 11 Lorrie Herrick From: Sent: Wednesday, October 17, 2001 11:09'PM To: Iherrick@cityofsouthlake.com Subject: multifamily housing As concerned citizens of South -lake, We strongly encourage you to Vote against any attempt to open the door to multifamily apartments, duplexes, or condominiums in Sout lake. James and Mary Ryniak i05 Shadow Glen Dr. South'_ake, TX Case No. Attachment F ZA01-092 Page 12 0 Lorrie Herrick From: ----- _. - Sent: Wednesday, October 17, 2001 6:11 PM To: Iherrick@cityofsouthla ke.com Subject: KIMBALL PARK DUPLEXES I am writing in opposition to the building of the above duplexes. I believe these would be a detriment to existing neighborhoods and devalue property nearby. They would also increase traffic on Highland and Kimball which are already heavily traveled. This usage does not conform to the current land use plan and creates an environment which was not envisioned when we moved here seventeen years ago. I would appreciate you vote against this development. Thank you. Sincerely, David Ackerman MD Case No. ZA01-092 Attachment F Page 13 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-381 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF,. TRACT 2C w, I -..-1 3,267 ; ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL, TO "MF-1" TWO FA VIMY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article 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 Case No. Attachment G ZA01-092 Page 1 general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these 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 Case No. Attachment G ZA01-092 Page 2 throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Case No. Attachment G ZA01-092 Page 3 Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being, A ;portion of Tract 20, Thomas Mahan Survey, Abstract No. ,1049, being 3.267 acres and more fully and completely described in Exhibit "A" from "A. Agricultural to "1VIF,-1" TWOFaniilyy, Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development Case No. Attachment G ZA01-092 Page 4 of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting Case No. Attachment G ZA01-092 Page 5 zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Case No. Attachment G ZA01-092 Page 6 PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA01-092 Attachment G Page 7 , 2001. Im City of Southlake Department of Planning STAFF REPORT November 16, 2001 CASE NO: ZA01-093 PROJECT: Kimball Park Addition REQUEST: On behalf of Schon M. McManus, Four Peaks Development is requesting rezoning. ACTION NEEDED: Consider first reading for rezoning request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner's Responses (E) Ordinance No. 480-382 STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-093 BACKGROUND INFORMATION OWNER: Schon M. McManus APPLICANT: Four Peaks Development PURPOSE: The purpose of this request is to obtain approval for "SF-1A" single family residential, which the applicant plans to plat into two lots to build two houses. PROPERTY SITUATION: The property is located on the south side of E. Highland Street, approximately 250' west of N. Kimball Avenue. HISTORY: There is no recent development history on this property. LEGAL DESCRIPTION: A portion of Tract 2C, Thomas Mahan Survey, Abstract No. 1049, being 2.315 acres. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family Residential P&Z ACTION: October 18, 2001; Approved (7-0) COUNCIL ACTION: November 5, 2001; Approved to Table at Applicant's request (6-0). STAFF COMMENTS: Please note that a change of zoning to the "SF -IA" Single Family Residential District does not require a Concept Plan. N:\CommunityDevelopment\WP-Fn,ES\MEMO\2000cases\00061SP • new version.doc Case No. ZA01-093 Attachment A Page 1 Vicinity Map Kimball Park Addition 1000 0 1000 2000 3000 Feet ON 10, Case No. Attachment B ZA01-093 Page 1 Surrounding Property Owners Kimball Park Addition Owner Zoning Land Use Acreage 1. J. Ellis 1. SF-lA 1. Low Density Residential 1. 0.51 2. L. Pierce 2. SF-lA 2. Low Density Residential 2. 4.10 3. H. Wade 3. SF-lA 3. Low Density Residential 3. 4.35 4. F. Ferguson 4. SF-lA 4. Low Density Residential 4. 2.31 5. W. Massey 5. B-1 5. Mixed Use 5. 4.00 6. S. McManus 6. AG 6. Med. Density esidential 6. 0.46 7. H. Miller 7. AG 7. Mixed Use 7. 1.65 8. Southlake Westerra 8. 0-1 8. Mixed Use 8. 10.5 9. F. Record 9. AG 9. Mixed Use 9. 1.27 10. E. Huning 10. SF-lA 10. Low Density Residential 10. 2.81 11. S. McManus 11. AG 11. Med. Density Residential 11. 3.68 Case No. Attachment C ZA01-093 Page 1 Surrounding Property Owner Response (W Kimball Park Addition NOTICES SENT: Eleven (11) RESPONSES: Two (2) responses were received from within the 200' notification area: • Mrs. L.R. Pierce, 2130 E. Highland, Southlake, TX., in favor, "Any new development will clean up and enhance the neighborhood. Duplex units will allow an alternative to a $750,000.00 plus "upscale" residence." (Received October 16, 2001) • Eric A. and Mary A. Hun ing, 2145 E. Highland St., Southlake, TX in favor, "power lines down property and traffic on Kimball make the split of these two lots more desirable than they would otherwise be." (Received October 18, 2001) Case No. Attachment D ZA01-093 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 4,8 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 MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as Case No. Attachment E ZA01-093 Page 1 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly Case No. Attachment E ZA01-093 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being apertiQp'Tractts lUlahnurey, Astr�cic1349,g1 Case No. Attachment E ZA01-093 Page 3 acreg, and more fully and completely described in Exhibit "A" Agricultural to'V ` Al in amity Reside "District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the 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. Case No. Attachment E ZA01-093 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA01-093 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA01-093 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 E ZA01-093 Page 7 EXHIBIT "A" PROPERTY DESCRIPTION (TRACT ONE) BEING a 2.315 acre tract of land situated in the T. MAHAN SURVEY, ABSTRACT NO.1049 and being all that certain tract of land described in deed to Schon M. McManus as recorded in Volume 10448, Page 20, Deed Records, Tarrant County, Texas, said 2.315 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the south right—of—way line of East Highland Street (a variable width right—of—way), said point bears NO2'02'55"E a distance of 16.21 feet from the northeast corner of Lot 1, T. Mahan No. 1049 Addition an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 3583, Plat Records, Tarrant County, Texas; THENCE S89'00'00"E, along the south right—of—way line of said East Highland Street, a distance of 178.84 feet to a point for comer; THENCE S01'40'11"W, leaving the south right—of—way line of said East Highland Street, a distance of 557.66 feet to a point for comer in the north line of Lot 1, Hanna Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388-202, Page 71, Plat Records, Tarrant County, Texas; THENCE N89'19'06"W, along the north line of sold Lot 1, Hanna Addition, a distance of 182.55 feet to a point for corner, said point being the southeast corner of said Lot 1, T. Mahan No. 1049 Addition; THENCE NO2'02'55"E, leaving the north line of said Lot 1, Hannd Addition and along the east line of said Lot 1, T. Mahan No. 1049 Addition, a distance of 558.73 feet to the POINT OF BEGINNING and containing 100,848 square feet or 2.315 acres of land. Case No. ZA01-093 Attachment E Page 8 Cityof Southl ake * Department of Planning STAFF REPORT November 16, 2001 CASE NO: ZA01-094 PROJECT: Kimball Park Addition REQUEST: On behalf of Schon M. McManus, Four Peaks Development is requesting approval of a preliminary plat. ACTION NEEDED: Consider 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: Tara Brooks (481-2079) Case No. ZA01-094 (W OWNER: APPLICANT: BACKGROUND INFORMATION Schon M. McManus Four Peaks Development PURPOSE: The purpose of this request is to obtain preliminary plat approval for seven residential lots. Zoning change requests are being processed for five "MF-1" lots and two "SF-1A" lots (See cases ZA01-092 and ZA1-093.) PROPERTY SITUATION: This property is located on the southwest corner of East Highland Street and North Kimball Avenue. HISTORY: There is no recent development history on this property. LEGAL DESCRIPTION: Tract 2C, Thomas Mahan Survey, Abstract No. 1049, being 5.582 acres. LAND USE CATEGORY CURRENT ZONING: P&Z ACTION: Medium Density Residential "AG" Agricultural District October 18, 2001; Denied (7-0). COUNCIL ACTION: November 5, 2001; Approved to Table at Applicant's request (6-0). STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated October 12, 2001. NACommunityDevelopment\WP-FILES\MEMo\200I cases\01094PP - new version.doc Case No. ZA01-094 Attachment A Page 1 Vicinity Map Kimball Park Addition 1000 0 1000 2000 3000 Feet 9 AT N S i0 Case No. Attachment B ZA01-094 Pagel W' o $i a Y = t a �- f7 Rig s z Qn I -- �eij�o—_ ;F i ( I fit! "'I�i FI -----t -----�i � � F ilii '•� �i I I F � � III i I Q = Ijf" 1 i i I ;- all ° I la , � s' � ' ;i! I j l jl ------J'------- ---- ---L--------J L-- ----J larrltltsy((� � r= — � ___ _''sic `',r•yr•. �F �-_ _-___ I\i�\ \ \\w \ \ o •, it \ \ a` i\ jj� 41 1 --------- O is e°I ` r;�`• \� a� ;��\R'11�1 a � '� \�\K \ � I Z � � a � I, � • a � f rk -- mea°sa.usmo.ot MOW Ow "a a i I f� tisx Ai vlAWO MOijjaar 630/'0h' NYHVN :l aj li a i; la I! i 11 I1O7 II j� Case No. Attachment C ZA01-094 Pagel PLAT REVIEW SUMMARY L. Case No.: ZA01-094 Review No.: Three Project Name: Preliminary Plat- Kimball Park Addition APPLICANT: Four Peaks Development 726 Commerce Street, Suite 109 Southlake, TX 76092 Phone: 817-329-6996 Fax: Date of Review: 10/12/01 SURVEYOR/ENGINEER: McCullah Surveying, Inc. 16531 Addison Road Addison, TX 75001 Phone: (972) 713-9777 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/04/01 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 TARA BROOKS AT (817) 481-2079. 1. Change the labels for the 25'and 20' Private Access Easements to Common Access Easements. 2. Show and label a 25' Common Access Easement centered over the drive accessing N. Kimball Avenue. 3. All lots must comply with zoning district regulations. The "AG" zoning district requires a minimum 10 acre lot size. An application for an appropriate change of zoning must be approved. Case No. Attachment D ZA01-094 Pagel Surrounding Property Owners Kimball Park Addition Owner Zoning Land Use Acreage 1. J. Ellis 1. SF -IA 1. Low Density Residential 1. 0.51 2. L. Pierce 2. SF-lA 2. Low Density Residential 2. 4.10 3. H. Wade 3. SF -IA 3. Low Density Residential 3. 4.35 4. F. Ferguson 4. SF -IA 4. Low Density Residential 4. 2.31 5. W. Massey 5. B-1 5. Mixed Use 5. 4.00 6. City of Grapevine 6. 6. 6. 7. NVE H, Ltd 7. SF-20A 7. Med. Density Residential 7. 0.45 8. NVE II, Ltd 8. SF-20A 8. Med. Density Residential 8. 0.46 9. NVE H, Ltd 9. SF-20A 9. Med. Density Residential 9. 0.49 10. B. Daniel 10. SF-20A 10. Med. Density Residential 10. 0.46 11. NVE 11, Ltd 11. SF-20A 11. Med. Density Residential 11. 0.45 12. B. Hugghins 12. SF-20A 12. Med. Density Residential 12. 0.46 13. Southlake Westerra 13. 0-1 13. Mixed Use 13. 10.5 14. H. Miller 14. AG 14. Mixed Use 14. 1.65 15. F. Record 15. AG 15. Mixed Use 15. 1.27 16. E. Huning 16. SF-lA 16. Low Density Residential 16. 2.81 17. S. Mc Manus 17. AG 17. Med. Density Residential 17. 3.68 Case No. Attachment E ZA01-094 Pagel Surrounding Property Owner Response Kimball Park Addition NOTICES SENT: Fourteen (14) RESPONSES: Six (6) responses were received within the 200' notification area: • Hazel Miller, 5213 McQuade Street, Haltom City, TX, in favor (Received October 11, 2001) • Schon McManus, 2149 E. Highland, Southlake, TX., in favor, "I believe it will look a lot better than it does now and will draw attention away from the power lines." (Received October 15, 2001) • Cleta Pierce, 2130 E. Highland, Southlake, TX., in favor, "Any new development will clean up and enhance the neighborhood. Duplex units will allow and alternative to a $750, 000.00 "upscale" residence." (Received October 16, 2001) • H. Wayne Wade, 1440 N. Kimball Rd., Southlake, TX., in favor, " All of us along Kimball know that the utility easement did significant damage to our property value and use possibilities. The duplex is an excellent " (Received October 16, 2001) • Mary A. Huning, 2145 E. Highland St., Southlake, TX in favor. (Received October 18, 2001) • Connie Blackburn, 2009 E. Highland St., Southlake, TX in favor, "I would rather see the upscale duplexes there rather than commercial later on, also Southlake needs this product for older retirees, etc." (Received October 18, 2001) Case No. Attachment F ZA01-094 Pagel City of Southlake DeDartment of Planning STAFF REPORT November 16, 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: Consider first 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 480-221A (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 OWNER: APPLICANT: BACKGROUND INFORMATION Westerra Southlake, L.P. 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, "O1" Office District, "02" Office District, "C 1" Neighborhood Commercial District, "C2" Local Retail Commercial District, "C3" 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. 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 I Exiting Area Road Network and Conditions Lr 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. Case No. Attachment A ZA01-032 Page 2 STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated November 2, 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", "C-39, "HC" ) from Parcel C • Deletion of various district uses Case No. Attachment A ZA01-032 Page 3 Vicinity Map Aventerra Tract II 1000 0 1000 2000 3000 Feet W 0 Case No. Attachment B ZA01-032 Page 1 IM Case No. ZA01-032 I kit 11,Niiiiii its 0 u BODO�11igggill! 1a1-611:1 77 IN �8 � Bpps JA QF� Yq Zg®QL A 1111,H1111 'I J. 4 , 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 II (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: 1. 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 II. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: • Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. • Spill -over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. * 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 Aventerra Tract II Case No. Attachment E ZA01-032 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 -IA 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. Birchtield 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-1A 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 -IA 26. 100 Year Flood Plain 26. 1.792 27. W. Purvis 27. SF-1A 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 Pain 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 ZA01-032 Page 2 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, "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, "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, schools, parks and other Case No. Attachment G ZA01-032 Page 1 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-l" 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, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended Case No. Attachment G ZA01-032 Page 3 hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Case No. Attachment G ZA01-032 Page 4 SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Case No. Attachment G ZA01-032 Page 5 PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA01-032 Page 6 EXHIBIT "A" 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 8905611"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 0002621 "E, 469.81 feet; THENCE S 89039'57"E, 2142.64 feet; THENCE S 00018'25"W, 653.61 feet; THENCE S 89038'l1"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;' THENCE S 03024' 14"E, 212.71 feet, to the aforementioned northerly right-of-way, and the beginning of a non - Case No. Attachment G ZA01-032 Page 7 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 61°45'09"W, 463.58 feet; N 65033'22"W, 1081.68 feet; N 65033'22"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 IN Case No. ZA01-032 0 EXHIBIT "B" • � � 4 d aeo Attachment G Page 9 The following requirements and prohibitions are applicable to the use of the 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: PARCEL A • 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) • 131 - 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, SF1 A, 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 CS — COMMUNITY SERVICE DISTRICT Permitted Uses - BY SUP ONLY 1. KiRdeFgarteRG, **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. IRGtitUtiORS, **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 uneF l homes 11. Lithograph, engraving, printing and publishing 12. 13. 14. Medical Clinics 15. ISjuFsery yards and buildip*s 16. 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 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. KiRdeFgal4eRS, **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. lR6titUtiGR6, **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. Bankr, 5. BarbeF 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. **11. Lithograph, engraving, printing and publishing 12. 13. 14. 15. 16. 17. Private schools 18. Professional/business schools 19. seFnPl8X 200 Retail iGeG Whieh are rennhly relater! }e the r,rinn*p l uses W'thinthe 6tFWGWFe 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 II. RESIDENTIAL Permitted Uses 1. RE - Single Family Residential Estate 2. SF1 A - 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 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. 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 Rernl hemes 11. Lithograph, engraving, printing and publishing 12. 13. 14. Medical Clinics 15. 16. 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. Small parts maRufaGtYFiRg and assembly 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. SF1 A - 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. KiRdeFgaFteRs, **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. €UReral heme6 **11. Lithograph, engraving, printing and publishing 12. 13. 14. Medical Clinics 15. 16. 17. PFivate-ssheels 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. Small parts maRufaGWFiRg 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 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" food 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 Ghrisfmas free dales_ 10. Cigar or tobacco stores 11. GleaRiRg, 12. Confectionery stores 13. Custom dress making or millinery shops 14. Dancing schools 15. Day nurseries 16. Delicatessen shops without size limitations 17. Dog and Gat hespitals. 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) Case No. Attachment G ZA01-032 Page 24 22. Financial institutions 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. Tn e b tterie6 and cute ^eeerGerie_ 37. Variety 6tere6 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. GleaRiRg, 4. 5. Commercial amusement centers 6. Commercial art galleries 7. 8. Department stores 9. Dry goods and notion stores 10. 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. , 17. 18. Me+es 19. Music or record shops 20. 21. Pet-6heps 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 which the on -premises consumption of alcoholic beverages is permitted subject to issuance of special use permit (excluding sexually oriented businesses) Case No. Attachment G ZA01-032 Page 25 29. Toy stores **30. Upholstery shops - furniture 31. Variety stores "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 II 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. 131 100' 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 with 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 11 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' C 1 N/A 35' 25' C2 N/A 35' 25' C3 N/A 35' 25' B 1 50' 35' 25' HC 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 B1 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 II) 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 developed. 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 II. 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, B1 B 106.09 ± AC Residential, CS, 01, 61 C 100.49 ±AC Residential, CS, 01, 02, 131 D 26.41 ±AC Residential, CS, 01, 02, C1, C2, C3, 131, 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 QUALITY 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 II. 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 Handbook of Texas Online: LAS COLINAS, TX Page 2 of 3 Around 1977 the Las Colinas National Bank was chartered, and the world headquarters of Sunmark Exploration Company was established there. In 1978 the national headquarters of the Boy Scouts of America was moved to Las Colinas; both General Telephone and Electronics Corporation and General Motors Corporation established new headquarters in the community. Warehouse and distribution space was established at Las Colinas for Pioneer Electronics, Panasonic Company, and Super Valu stores. By April 1978, 831 apartments had been completed and 417 were under construction, and 1,807 homes had been completed and eighty-two were under construction. The number of corporations in Las Colinas had reached 100 by 1979. By 1980 raw land sales at Las Colinas totaled some $30 million, and the community itself had expanded to 12,000 acres. That year Las Colinas was estimated to have 2,000 single-family homes and some 9,000 residents living in apartments. Some 12,000 daily workers were employed in businesses in the community. The world headquarters of the Zale Jewelry Corporation qv was in Las Colinas, and Levi Strauss and Company had a site there for its data-processing center and regional office. Construction began on a number of buildings, including the twenty-seven story Mandalay Four Seasons Hotel, a manufacturing plant for Boeing Aerospace, the corporate headquarters for the J. A. Majors Company, the North American headquarters for Scor Reinsurance Company, and the corporate headquarters for the industrial chemicals and plastics division of the Diamond Shamrock Corporation. In 1981 Caltex Petroleum began construction on Caltex House in the Las Colinas Urban Center, and Xerox began construction on Xerox Centre, a consolidation of all of its Dallas operations. That year Gifford -Hill and Company began its eighteen -story national headquarters, and the Associates Corporation of North America began two new office buildings. In 1981 also the third building of Las Colinas Towers was completed; it was leased to International Business Machines Corporation. By 1982, 350 businesses were established in the community. These included United Technologies Building Systems, the Burroughs Corporation, Mitsubishi Electric Sales, McDonnell Douglas Automation Company, the Warner Lambert Nuclear Medical Laboratories, Data Communications Systems, TeleVideo Systems, and Technicare Corporation. Many of the corporations locating in Las Colinas emphasized research and development, and in response to a demand for research facilities, the Las Colinas Corporation began development of the Royal Tech Center, a high-technology business park in the northwest part of the community. The Studios at Las Colinas, the first phase of the Trammell Crow Company's Dallas Communications Complex, was completed. A number of recreational facilities were also finished, including the Las Colinas Equestrian Center. By around 1982 the Mandalay Canal had about twenty retail shops operating along its banks, and the golf course of the Las Colinas Sports Club had been made the site of the Byron Nelson Golf Classic. Residential sales at Las Colinas outpaced commercial sales in 1983, when four out of seven residential areas were completed. By that time more than 6,000 homes were serviced by a communications network that provided security services, information services, and audiovisual entertainment. Fully one third of the Las Colinas acreage was used for recreational and educational facilities. In its first decade of existence Las Colinas had developed steadily, and within the next two years it became one of the most prominent areas in the country for businesses and corporations to base operations. Undeveloped land sales since 1980 quadrupled to $124 million in 1984 and then decreased to $96 million in 1985. When the Dallas real estate market collapsed in 1986, however, the parent company of the Las Colinas Corporation, Southland Financial Corporation, was operating with a tremendous debt and land sales in http://www.tsha.utexas.edu/handbook/online/articles/print/LL/hrl64.html 11 / 16/2001 EXHIBIT "A" BEING that certain tract of land situated in the L. Chivers Survey Abstract Number 299 and the L. Chivers Survey, Abstract Number 300, Town of Southlake, Tarrant County, Texas and being more particularly described by metes and bounds as follows; 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 8905611"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 0002621 "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 8903Tl3"W, 18 1. 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 0002l'l4"W, 420.81 feet; THENCE N 89024'48"W, 468.55 feet; 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; -1- 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 61°45'09"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. IA The following requirements and prohibitions are applicable to the use of the 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: PARCEL A • 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. -3- 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 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 . KiRdeFgal4enc elementary and connnr aFy crhnnlc **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) tits t'GRG abilitatinn d tFaininn 4 onr�n r b y ed lGatinnal 5. In�,�,�, Fe#�„—afl seflTefs��ser , **6. Public safety facilities **7. Religious institutions **8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) -4- 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 -5- 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. Apparel and milliReFy manufaGt UriRg anti assembly 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 Flames 11. Lithograph, engraving, printing and publishing 12. 13. Manufanfi ire Gf mi ioinal incfn imonfc 14. Medical Clinics 15. NuFseFy yaFds and buildings 16. ^^final instruments and Ions on manufanfi irinn 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. Qnienfifin and nrnfoccinnal instri rReRt man fanfi rinn 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) In 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 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 KindergaFtense eleMeRtaFy and Gonnndar-y 6nhnnl� **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. IRSt;tUt;GRG, Febab;l+tat+ea—and tFaiRiRg seaters spaRsered by ed GatiGRal, **6. Public safety facilities **7. Religious institutions **8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) -7- 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 In 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. Baeks 5. 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 Rerol homes **11. Lithograph, engraving, printing and publishing 12. 13. 14. Me 15. 16. 17. Private schools 18. Professional/business schools 19. Retail aetiTity of aSePViGe—natum designed tG pFevide d+res+�ep'�OGe 20 Retail Uses Whir•h are rea GGRa ly related to the nrinnipal UGeG within the 6tFUGtUFe 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. 19 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 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 KiRdergartenc elementaFy and 6eGE)Rdani crhnnlc **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. IfletitUt;GRG, Fehabif+tatlefl —and tFaiRiRg—eenteFS speRseFed by ed +inn , **6. Public safety facilities **7. Religious institutions **8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) well 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 professionalnature 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 -11- 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. 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. Ci. ReFal hemes 11. Lithograph, engraving, printing and publishing 12. 13. 14. Medical Clinics 15. 16. 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 -12- [M� 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. -13- 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. rniRdyrgaFlon elemon+ani and SonnndaFy crhn041 **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. llR6tit61nGR6, reho vhili+ +iGR and training GeRters 6P6fl:9red by edUGa+ � cn i cCtn , **6. Public safety facilities **7. Religious institutions **8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) -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 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 -15- 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. F moral names **11. Lithograph, engraving, printing and publishing 12. 13, 14. Medical Clinics 15. 16. 17. Private 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. 514 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" food 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. ohri,;tm;;6 tFee-sales 10. Cigar or tobacco stores 11. 12. Confectionery stores 13. Custom dress making or millinery shops 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 23. Florist or gift shops 24. CrezeR fGed IGGkeFs -17- 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. Tirroc, batteries and ote aGGesse, 37. VaFiety StGFes 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. 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, 69rr`ritieG and/nr #ateFnitio 17. 18. MertuaFies 19. Music or record shops 20. 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 which 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 31. VaFiety stems -18- '`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) -19- 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 II 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. -20- BUILDING HEIGHTS Maximum building heights for Tract II land uses shall be in accordance with the following table: Maximum Building Height RES 35' CS 35' 01 45' 02 90' C 1 45' C2 45' C3 45' B 1 45' H C 90' -21- 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' HC 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 B1 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 II) 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. -22- 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 developed. The attached Buffer Yard and Open Space Plan illustrates the general location of the proposed buffer yards and open space for Tract II. -23- 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 ll. 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, B1 B 106.09 ± AC Residential, CS, 01, B1 C 100.49 ±AC Residential, CS, 01, 02, B1 D 26.41 ±AC Residential, CS, 01, 02, C1, C2, C3, B1, HC SPECIAL RESTRICTIONS • Ancillary residential uses RE, SF1A, 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. -24- QUALITY 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 II. The design guidelines will be available for review at the time of development plan submittal. DALLAS 541586_3 5770.3 -25- City of Southlake Department of Planning r STAFF REPORT November 16, 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 3132 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. 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 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. 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. 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 ,qO JACK 0. J 0 M NSO ELEMENTARY 9C MOO L CAR 1000 0 1000 2000 3000 Feet I E Case No. Attachment B ZA01-033 Page 1 i� � ti I--^�^.. •'- � 7F, GwW.$ a'�I�i���w� g7.�� I �S� $$ ( � 7e.a¢�"r O —.0 s � � acl I_ SIN t85e1H� t'ti I �•, a c.; �.,,a �\ fri ''�' 9- Z"� JI Ni ER Jj vzl .'i, ''r �eG � r <c •.J �. I S.R X= ,ern � � y �' •ywz IL", ...... - .......: •— „ F J f Yi12St . --- o' r �� i Z I I I �I I `` - v L � ���•� �zZ 41. IF ,y ter t *^..1 � �• d 7 ? � '•/�' � z Y �� < _ � � t�'? I x 4 } & �.-s 7a x� _ I I I.mci � e � �,I� `F = � x ,,fZ-x• ° _ tr - fa Z 1.=_•'pt A��, aaw �'�f �... � ,,. tr J.. �\` .xY ; L � � i �....._...... _.__._. ��ax .''':b"CY'�:fft"-Q35Y'Y,�OK'df' ---- —;t t]n78 MJVH3 9.LIIile. Case No. Attachment C ZA01-033 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. l . . 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-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. Birchrield 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 -IA 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 -IA 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. CarrollIsd 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: One (1) 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." Case No. Attachment F ZA01-033 Page 1 11/13/2001 14:12 FAX TERRA LAND & CATTLE, LTD. [a02 November 13, 2001 Bruce Payne City of Southlake 1400 Main Street Suite 310 Southlake, Texas 76092 Re: Central Park Dear Bruce: Please withdraw our zoning case on the above -referenced property. We are terminating our contract with the owner. We have enjoyed working with you and the City of Southlake on this development. We look forward to future opportunities in which we can work together_ Thank you for your assistance and all of your hard work. Sincerely, taw NL Paul Spain MPSlSs REC'D ki U-'1 13 2 0 01 Terra LwA A Cat* I.td. ** 2740 PWWr Wiser Rd.* Ukss, Tex= * 76039 * 917-54Q3M * Fax 817-M0-5422 rt* TO: FROM: SUBJECT: City of Southlake, Texas MEMORANDUM November 16, 2001 Billy Campbell, City Manager Ricky Black, Director of Public Safety (Ext. 2421) Ordinance No. 814,1"' 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 1 Billy Campbell November 16, 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 2 Billy Campbell November 16, 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 modem 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 November 16, 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 November 26, 2001 City Council meeting for first reading. 4 f 1999 National Electrical Code ORDINANCE NO.814 AN ORDINANCE ADOPTING NFPA 70, THE NATIONAL ELECTRICAL CODE 1999 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; 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 5 of Southlake may from time to time determine that additional local modifications to the 1999 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 Exhibit "A" to this ordinance shall be maintained as a public record in the office of the City Secretary. These exhibits 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. C 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 offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of 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 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 ordnance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of 7 its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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: 8 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. 9 City of Southlake, Texas MEMORANDUM November 16, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 815,1" 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 1 Billy Campbell November 16, 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 November 16, 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 3 Billy Campbell November 16, 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 November 26, 2001 City Council meeting for first reading. 4 r 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 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, E1 I and J are hereby adopted as the Building Code of the City of Southlake for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of Southlake. True and correct copies of these documents are attached as Exhibit "A." 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. The material contained in Exhibits "A" and "B" to this Ordinance shall be maintained as a public record in the office of the City Secretary. These Exhibits 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 In the event the validity of any other ordinance is questioned under this section the City Council shall by resolution state their intent. SECTION 5 2 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 each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of 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 the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. WA 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 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: ADOPTED: EFFECTIVE: 3 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. "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 M 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. **Section 109.3.5, delete. Y "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 adopted 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: HIGH-RISE BUILDING is a building having floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle 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 74 55 feet (22860 16 764 mm) above the lowest level of fire department vehicle access. "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. 10 **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 part replacement and other such non -major repair. When the repair garage is s 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 pathway 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 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 pumoses 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 d3feugheut a fire are eentaining-a for Group A-1 eeeupane Occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 6,000 square feet (1115 tf?). 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. 11 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided �► sentahnixg-a for Group A-2 eeeupaney 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 dffeugheu4 a fire are eeeWpg a for Group A-3 eeeupane Occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 6,000 square feet (1115 M12). 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 A4. An automatic sprinkler system shall be provided dweugheut a fire are eef4aining-a for Group A-4 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. 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. Exceptions: 2.1. 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 stories 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: 903 210 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, 12 with a one -hour fire barrier wall installed between evM 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 -51--S 35 feet (16 764 10 668mm) or more above the lowest level of fire department vehicle access. Exceptions: 1 A ; eFt een#el_fow�. 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: 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 apply. 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 system. 903.2.12.6 Buildings Over 6,000 sa.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 z4aafie 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 teleeenununieatiens buildings.... 13 **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 safqly 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. **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 supervisory signal 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 LW a maximum of 40psig 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 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 standpi eessystems except for fire department hose connection valves shall be electrically upervised 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 1' actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 fir► smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. 14 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.Z3; 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 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 907.2.3; 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 sprinklers 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 74 55 feet (22 860 16 764 mm) 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. **Section 907.Z12, 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.ZlZ2; 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: Manual alarm actuating devices shall be an approved double action tune. 15 **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 supply and return loops. 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 74 55 feet (22 86016 764 mm) 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 ' 00.'1r 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 building that serves stories where the floor surface is located more than 74 55 feet (22 860 16 764 mm) above the lowest level of fire ... (remainder of section unchanged). **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. OW **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 wed 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/ceilingscomprising 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 sq.ft. of projected roof area. When exceedingl20 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: 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 coWlly 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. 17 **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 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Code Official shall determine which provision applies. ** 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 required, that the minimum number of fixtures provided also comply with the number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the buildin code official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3. 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. 18 TO: FROM: SUBJECT: City of Southlake, Texas MEMORANDUM November 16, 2001 Billy Campbell, City Manager Ricky Black, Director of Public Safety (Ext. 2421) Ordinance No. 816,1"' 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 1 Billy Campbell November 16, 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 2 Billy Campbell November 16, 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 , November 16, 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 November 26, 2001 City Council meeting for first reading. RB/cb 4 2 000 International Energy Conservation Code ORDINANCE NO. 816 AN ORDINANCE ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, REGULATING THE 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 ILLUNIINATION SYSTEMS AND EQUIPMENT IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; 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 77a' Texas Legislature adopted Senate Bill 5 requiring cities to adopt the 2000 IECC 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 for regulating the design of building A envelopes for adequate thermal resistance and low air leakage and the design and selection of �W 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 copies 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 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 be maintained as a public record in the office of the City Secretary. These Exhibits 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 In the event the validity of any ordinance is questioned under this section the City Council shall by resolution state their intent. 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 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 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 the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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 s PASSED AND APPROVED ON FIRST READING THIS DAY OF 92001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF 92001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: 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 inserted. Lined through type "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 .,-and-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 (T) 99.6% 17 Summer', 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 C 56 "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. 4 r **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 502.2a'g 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/ceilin Heatingor cooling0.03 0.03 Floors over Heating or cooling 0.05 0.05 unheated s aces Heated slab on Heating R-value = 6 R-value = 6 grade Unheated slab on Heating R-value = 0 R-value = 0 rade Basement wall I Heating or cooling U-factor = 0.15 U-factor = 0.15 Crawls ace wall Heating or cooling U-factor = 0.15 U-factor = 0.15 **Delete Note "a" and replace with the tonowmg: a. The above values have been determined for all counties in the North Central Texas Council of Governments region. **Add Note "g ": g These requirements apply only to the boundaries of conditioned space_. Air 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) 10 A "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) Maximu Minimum m A Glazing Ceilin Exterio Floor Baseme Slab Crawl n U-factor g R- r wall R-value nt wall perimet space : value R-value R-value er R- wall value R-value 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 . 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 R-7 11 "Replace Tables 502.2.4 (7-9) with: 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 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 ap 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.g. (500 Pa) shall be insulated and sealed in accordance with Section 803.2.8. Ducts operating at static pressures in excess of 3 in. we (750 Pa) shall be leak tested in accordance with SMAGNA HVAG AOF Durt I=eaka elest Manual with a Fate ef aiF leakage Rat to exGeW4he maximum Fate sperified i-R4hawt-1-ttani-el Section 803.3.6. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the International Mechanical Code. 503.3.3.4.2 Low pressure duct systems. All longitudinal and transverse joints, seams and connections of lew-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 framin 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 1 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 I R-0 Pik] 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 CONDITION/VALUE 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 I R-11 R-11 R-value continuous R-5 I R-0 I 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 CONDITION/VALUE 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) Ali -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 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 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 0.4 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 framin 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 "Section 805.2.1Interior 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. 16 ** Chapter 9; Replace referenced standard as follows: , ASHRAE/IES -- 99 Energy Efficient Design of New Buildings Except Low -Rise Residential Buildings -- 1999 Edition END OF AMENDMENTS. 17 City of Southlake, Texas MEMORANDUM November 16, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 817, Vt 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 November 16, 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 amendments. In addition, the Home Builders Association of Texas undertook a participative role in the development of legislation to Fa Billy Campbell November 16, 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 November 16, 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 November 26, 2001 City Council meeting for first reading. FIN.W. n ORDINANCE NO.817 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS BY ADOPTING THE 2000 EDITION OF THE INTERNATIONAL FIRE CODE REPEALING ORDINANCE NUMBER 762 REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION; PROVIDING FOR THE AMENDMENT OF THE 2000 International Fire Code WITH CERTAIN DELETIONS, AMENDMENTS, AND/OR ADDITIONS; PROVIDING A PENALTY CLAUSE; A CUMULATIVE CLAUSE; A SEVERABILITY 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 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 International Fire Code, The City of Southlake hereby adopts the 2000 International Fire Code including Appendix A, B, C, D, E, F and G both published by the International Code Council, Inc, and the whole thereof, 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. 5 The following sections of the 2000International Fire Code as adopted in Sec. 15-126, are hereby amended as follows: 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 City of 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 105.6.28 ,T Sections 105.6.1 through 105.E 46 is hereby rescinded and Sections 105.6.1 through 105.6.34 is adopted as follows: 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 7 Section 105.6.22 Malls, covered Section 105.6.23 Motor Vehicle Fuel Dispensing Stations Section 105.6.24 Pyrotechnic material 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: 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: N. 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 BUILDING A building having floors used for human occupancy located more than 48 feet or three stories above the lowest level of fire department vehicle access. MECHANICAL CODE is the International Mechanical Codes 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 Men burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the �J 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: 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: 1.One- and two-family dwellings. 2. Where buildings. balconies and decks are protected by an approved 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 10 those residential occupancies are in compliance with Section 307.5, exception #2, may have containers with a water cgpacily not greater than 20 pounds (9.08 kg) (nominal 1 pound (0.454 kg) LP -gas capacityl. **Section 404.1 through 404.5 Fire Safety and Evacuation Plans shall be deleted. **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 13 feet 6 inches (41 ` mm' 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 apparatus 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 11 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. "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 M 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 delivering the 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. A fire 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: 12 901.7 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 standby personnel shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watehes 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 een4ainiRga for Group A-1 eeeapaney 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 thfougheut a fire are eeuta g a for Group A-2 eesxpansy Occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 13 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 duougheut a fire are for Group A-3 essupansy 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. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided thfeugheut a fire are eentaining-a for Group A-4 eseupansy 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: 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 two-ster-ies one story in height, including basements; or 2. The building contains havin 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 14 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. 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 48 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 34 48 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. "Section 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 apply. 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 thepurpose 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 formingLseparate 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 Autemmie sprinklers shall not be required in the following rooms or areas where such ... {bulk of section W, 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. 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. S. In Feems er- areas that are ef neneembusfible eenstmetien with wholly neneembustible **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 to the gprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds All control valves in the sprinkler and standpi eessystems 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 angpproved automatic fire-extinguishingstem 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. 16 **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) ... **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: 9071 3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuatingdevicesshall 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.Z3; 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 improved 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. _ 1. Group E educational and daycare 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.) 17 **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 73 48 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. **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 4PRly to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. **Section 907.ZIZ2, 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 tune. **Add Section 907.6.1 to read as follows: 907 61 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 supply and return loops. IDC — Class "A" style — D — SLC Class "A" Style 6 — notification Class `B" S lty e Y. **Section 907.9.2; change to read as follows: 907.9.2 High-rise buildings. In buildings that have floors located more than 74 48 feet or three stories above the ... (remainder of section unchanged). **Section 91Z2, 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 18 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 "pump running" conditions by supervisory sisal on distinct circuits. "Section 1003.2.12.2, exception #3; change to read as follows: 3.In occupancies in Group I-3, F, H or in nonpublic 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 improved 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' 004.2.1 or 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 48 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 SpFay 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 Storage" to read as follows: y Any building exceeding 6,000 sgA 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: 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 efle of Mer-e qualified per -sons, as r-eqt&ed 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, €w 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 wed in Section 3304 and 3308. 2. 3—The use of fireworks for aapproved 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 mgy also be known by the terms Mobile Fleet Fueling; Wet Fueling; and Wet Hosing. 20 REMOTE EMERGENCY SMUT -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. **Section 3403.6; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. "Section 3404.2.9.5.1 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 following zoning 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;" "MF-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 following zoning 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 S-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 secondM 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 21 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 undermund 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 cans. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of 4 sumps. Sampling tubes shall be Rlaced 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: 3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class 11 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 fimction; 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 carry out appropriate mitigation measures and to indicate its process to properl dispose of contaminated materials when circumstances require. 2 The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and 22 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 o�epair. 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 e� clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6 The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in length. 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. 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 0 893 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, immediate) causes auses 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 compM 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 dispensingeauipment 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 adgguately lighted areas. 5 The tank vehicle shall bepositioned 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. 23 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. Aggregate 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: Exceptions: 1_(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 Mly 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 each offense. 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. 24 Section 5. Publication. The city secretary is directed to publish the preamble and penalty clause of this ordinance at least one time within 10 days after its final passage, in the official newspaper of the city in accordance with Section 3.13(b) of the Southlake Home Rule Charter. Section 6. 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. APPROVED ON FIRST READING THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED ON SECOND READING THIS DAY OF 22001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY EFFECTIVE: 25 City of Southlake, Texas MEMORANDUM November 16, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 818,1"t 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 1 Billy Campbell November 16, 2001 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 November 16, 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 modem 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 3 Billy Campbell November 16, 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 November 26, 2001 City Council meeting for first 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 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 5 SECTION 2 That the 2000 International Fuel Gas 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 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 Exhibit "A" to this ordinance shall be maintained as a public record in the office of the City Secretary. These exhibits 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 each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of 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 the proposed ordinance 7 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 ordnance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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: 8 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 9 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_, shall be fmm 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 ... (bulk 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. *Section 401.5; 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 tact The taps 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" 10 "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 Gasing ef rGhedule 40 steel, wFought iren, PVG eF ABS pipe with tightly sealed ends and jeints. Beth eRds 9f 6UGh Gasing shall e)dend net less than 2 9AGhe6 (51 FnFn) beyeAd thO "Section 404.9; change to read as follows: 404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 4-2 18 inches (305 458 mm) below grad . "*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 ' '" tkn% 10 psig (29 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. the test pFesswFe shall A9t eXGeed a value that pFedures a heep stFess in th etef For welded pipinq, 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 net less than fifteen 05) 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. 11 **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 supportsuitable 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 comply with the requirements for access to appliances as specified in Section 306. 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 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. **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 12 by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. END OF AMENDMENTS. 13 TO: FROM: SUBJECT: City of Southlake, Texas MEMORANDUM November 16, 2001 Billy Campbell, City Manager Ricky Black, Director of Public Safety (Ext. 2421) Ordinance No. 819,1" 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 11 Billy Campbell November 16, 2001 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 November 16, 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 20001 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 November 16, 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 November 26, 2001 City Council meeting for first reading. 4 2000 International MechanicalCode ORDINANCE NO.819 AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2000 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; 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 SOUTHLAI E, 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 5 That the 2000 International Mechanical 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 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 Exhibit "A" to this ordinance shall be maintained as a public record in the office of the City Secretary. These exhibits 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 M 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 each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of 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 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 ordnance, and if this 7 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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: 8 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 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 depth. 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 9 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 dams e. **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 61 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. iM "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 accordinq to the Plumbing Code 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 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 Capacity 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. 11 **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_ fexisting 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 use of weather -protected openings. The enclosure shall be separated from the duct by a minimum of 6 3 inches (44% 76 mm) and a maximum of 12 inches (305 mm) and shall serve a single 12 grease exhaust duct system. {Exceptions remain unchanged.} **Section 510.7, add a second exception to read as follows: Exceptions: 1_ fexisting 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 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 13 required for the most restrictive condition. Heating Degree Days: Zone I below 4,500 D.M 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 % percent column of dry-bulb and mean coincident wet -bulb temperature exceeds 600 F. (15.4' 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 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 Y2-inch (38 mm), 1.5 to 3 Ib./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. 4 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 `-E�'-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 14 N 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 FFe 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 Intemational 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. END OF AMENDMENTS. 15 4 City of Southlake, Texas MEMORANDUM November 16, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 820, 15'Reading, Adoption of the 2000 International Plumbing Code. Action Requested: City Council consideration of ordinance adopting the International Plumbing 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, 1 Billy Campbell November 16, 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 November 16, 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 [ November 16, 2001 �r 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 November 26, 2001 City Council meeting for first 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 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 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 5 SECTION 2 That the 2000 International Plumbing 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 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 Exhibit "A" to this ordinance shall be maintained as a public record in the office of the City Secretary. These exhibits 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 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 each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of 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 the proposed 7 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 ordnance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 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 8 Date: EFFECTIVE: EXHIBIT "B►► Amendments to the 2000 International Plumbing Code "Table of Contents, Chapter 7, Section 714; change to read as follows: Section 714 Engineered Gefapetef4%d 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. Building sewers that rsennert to pFivate sewag.9 dispersal 6ysteFn tank GW;neGfien. Building sewers shall be a minimum of 12 inches (304 mm) below grade. "Section 310.4; delete. "Sections 31 poOp0'2.9.1 and 312.9.2; change to read as follows: 41 312.9.1 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.) 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: Equipment Capacity 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 'h 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 118- inch-per-foot slope, with the pipe running three-quarters full. "Section 314.2.3; add item #4 to read as follows: 10 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 Building 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 drinkinq 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 required, 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 International 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. **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. 11 **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 All 12.19.2 or ASME All 12.19.9, and water coolers shall conform to ARI 1010. .vvauu.0 .v W. .... W.v ............ ......... ............ .... r............. ... _..._. ___�.,...........�.., .........Z7 fountains shall Fiet be FequiFed. Exception: A drinking fountain need not be provided in a drinking or dining establishment. **Section 412.4; change to read as follows: 412.4 Required location Pubimc laundFies and GentFal washing faGilities. 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. SuGh drains shall hay men;mum outlet Gross seGtien ef not less than 3 inGher, (76 mm) 'R diam 2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code official may accept floor sinks.) **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 subiected to the test at the point where it is clamped to the drain. **Section 419.3; change to read as follows: 12 419.3 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. 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 tdie-#IeeF 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. 13 **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 Intemational Mechanical Code. Combustion air and ventilation for gas -fired water heaters shall be in accordance with the Intemational Fuel Gas Code. **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_ 8n n-t-hA-r than one and twe family GGGUpaRG es. 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 Intemational Energy Conservation Code. (delete remainder of section) 14 **Section 608.1; change to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained P pp Y Y g 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. **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 of stsrlE. Each horizontal drain shall be provided with a cleanout at its upper terminal 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 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 GeFnputeF preqFam design methods. **Section 802.1.1; delete the exception. 15 "Section 802.4; add a sentence to read as follows: 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 (L52 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, sinks nd-lavatWies 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 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 hem rainfall rate' "Section 1107.3; change to read as follows: 1107.3 Sizing of secondary drains. Secondary (emergency) roof drain system shall be sized in accordance with Section 1106 system is sized On Tables 1106.2, 1106-3. and 1! 06.6 by . Scuppers shall be sized to prevent the depth of ponding water ... (remainder of section unchanged) .... 16 �,,,, END OF AMENDMENTS. 17 City of Southlake, Texas MEMORANDUM November 16, 2001 TO: Billy Campbell, City Manager FROM: Ricky Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 821,1s` 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, 01 4 Billy Campbell November 16, 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 November 16, 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. M Billy Campbell November 16, 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 first reading. 4 2000International Residential Code ORDINANCE NO.821 AN ORDINANCE ADOPTING THE 2000 EDITION OF THE INTERNATIONAL RESIDENTL4L CODE FOR ONE -AND TWO-FAMILY DWELLINGS, 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 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 residential buildings and structures within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 5 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 for 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, multiple single-family dwellings (townhouses) and their accessory structures in the City of Southlake. True and correct copies of this 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 be maintained as a public record in the office of the City Secretary. These Exhibits 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 In the event the validity of any ordinance is questioned under this section the City Council shall by resolution state their intent. 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 11 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. 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 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 the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 7 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 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: ADOPTED: EFFECTIVE: 8 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. "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 29A 120 square feet (18.58 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. 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. E 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 may shal•I require submission ... /remainder of section unchanged). **Section R112.2.2; delete. **Table R301.2(1); rill 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. Ogen 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: Exception: The glazed areas shall not be required where artificial light and a mechanical ventilation system, complying with one of the following, are provided. 10 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. belew A-Ae€(16'G), eves Every 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 2-14.11014-E. ALARMS FIRE PROTECTION SYSTEMS (Smoke Alarms and Automatic Fire Extinguishing Systems) **Section317.3; Add sections317.3, 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-extinauishina 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: 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 en the waFFn on winteF side ef the insulatlen. 11 (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)L 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 proiected 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. **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 12 ventilated with outside air such as crawl-er 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 by -either 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; er 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 International 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 -GodeN 1102.1. Residential building, Type A-1, with greater than 4--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. 13 **Replace Table N1102.1 with: TABLE N1102.1 SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL COMPONENT CRITERIA MINIMUM REQUIRED THERMAL PERFORMANCE (U-FACTOR AND R-VALUE) MAXIMUM MINIMUM INSULATION R-VALUE heft •°F /Btu Ceiling Ceiling GLAZING s open Joist/Ro Walls Floors Baseme Slab Crawl U-FACTOR to Attic of nt Walls perimet space [Btu/(hrft2•° Space Rafter er walls F)] Assemb I 0.65 R-38 I R-22 R-13 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 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 a_nupper 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: 14 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. 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 manufacturer, 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 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 15 the direction of airflow. The maximum length of the exhaust duct does not include the 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 ' , 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 ng/(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 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. 16 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 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. -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. Le 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 %-inch (38 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. 1 1/2-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. 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 M2005.2; change to read as follows: 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 Intemational Energy Conservation Code and equipped with an approved self- 17 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) , N **Section G2414.9; change to read as follows: G2414.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 42 18 inches (305 458 mm) below grade, eXGept as Provided **Section G2414.9.1; delete. **Section G2416.4; add a sentence to read as follows: 18 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 (29 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 pFesswe shall AGt eXGeed a value that yield StFength ef 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 flet less than 4-9 fifteen 0 5) minutes. For welded pipinq, and for_pipinq carrvinq qas 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) pipinq 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: 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: 19 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 fillinq 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: 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-,aRndatly. **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 20 M be constructed as per Section R307.2 R7r 702.4. 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 Al 17.1. "Section P2710.1; change to read as follows: P2710.1 Finished. Shower walls shall be finished in accordance with Section R307.2 R702. 4. "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. 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 "Polybutylene (PB) plastic pipe and tubing". "Sections P2904.5, 2904.5.1 and 2904.12; delete reference to "PB" plastic pipe. 21 "Section P3005.2.6; changed to read as follows: P3005.2.6 Upper terminal Base of st . Each horizontal drain shall be provided with a cleanout at its upper terminal 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 152 mm above the roof , 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, sinks -and aavatefles indirect waste receptors. Combination drain and vent systems shall not receive the discharge of a food waste grinder. "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 s' standpipe, and the horizontal combination waste and vent pipe. The maximum vertical distance shall be 36 6FIGhes 8 feet (944 2438 mm). "Part Vlll- 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: 22 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 iust now becoming a pool enclosure shall comply with this section. 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. 23 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 latGhing debe eauipped 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. Vehicle gates designed or intended to be used on a regular basis may be automatic closing rather than maintained locked. Automatic gates 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 24 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 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 am City of Southlake, Texas MEMORANDUM November 26, 2001 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Approve Ordinance No. 808, 1st 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, 1" 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. Financial 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. i Consideration: None. Car 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 0 Staff Recommendation: Please place on City Council agenda for November 26, 2001 for I" reading and for Council review and consideration. Staff Contact: Charlie Thomas. P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/kw 21 i � � � g L L • � Day+ � ,°, a a a cE .q 3 ts "► i EF1� E� Ea E� EE `� Ed FE .EP E6tafr� i a :i i- RE �,iP�P fi act d I � i i .f s • e a • . - 9 $ i 1 : e-R _ �o: -i��s�€ §.ice � - - $Ti s -- _¢ IM a= ay S;a -eiS fi� -ii: 8:6€6a a f%E gP` f€g.•yB •� 3 a {!5- ,e #► s-- �g 58 1g C agP y. 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We are in receipt of the required signature/approval forms, executed by all utility companies providing utility 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 (TriDal) has indicated to us that South Nolen Drive will be ready for final acceptance prior to first reading at the 20 November 2001 Council meeting. Final grading, 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 Crooked 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. Canks 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: 817.999.5336 Fax: 817.488.7205 cc: Charlie Thomas David Fleming Tim Mullikin (Tri-Dal) Jeff Wang Monday, October 29,2001 Affndca Online: Caddy0001 Page: 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 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. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney 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 Deportment 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 oleo being the most northerly comer of the aforementioned Jurgensen tract; THENCE, south 00 degrees 20 minutes 40 seconds east with the east line of said Jurgensen tract, and the west lira 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 cif 464.37 feet to a 1/2 inch iron red set with a plastic cap stamped "JDJR" for the northwest corner of Lot 2, Block 5, of Cornerstone Business Park. 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 concave to the southeast having a radius of 31E.80 feet, a centr^_I Ingle of 4 degrees 38 minutes 29 seconds and a chord that bears south 50 degrees 15 minutes 14 seconds west, a distance of 25.66 feet; THENCE, with ti!- arc of scid curve and the southeasterly right—of-way line of Crooked Lane as shown on the last mentioned Oct of Cornerstone 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 comer 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 comer of said tract; THENCE, south 89 degrees 36 minutes 51 seconds west with the south line of said Barbarc 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 corner 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 fe6t 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 R southeasterly direction with the arc of t_id 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 0.5698 acres of land. EXHIBIT A POR I ION OF CROOKED LANE RIGHT-OF-WAY ABANDONMENT SOUTHLAKE, TEXAS SHEET 1 OF 1 SCALE 1 " = 100' sot/r D=01 ' 38' 04' ' l C7o R=1974.86' �Ri �• v� �/ L= 56.33 ctiT, p _ oF,wgY 9) A' `� CB = . 56 33' gR�Es� C= S74'42'26 "E SURVEY DESCRIPTION POINT OF BEGINNING JOHN R. DEMLOW, ETUX CAROL G. VOL. 9275, PAGE 1926 DRTCT �-TXDOT MONUMENT FOUND r'ORPON OF ICROOKED LANE R.O.W. TO BE ABANDONED 29,177 SO. F. T 10.5698 ACRES APPARENT G.i:- STRIP BETY.�-:J DEMLOW TRACT AND JURGcWSON -TP t. `r BARBARA JO GORDON VOL. 6843, PAGE 1181 L5 PK NAIL SETS' L2In V)co m `O a o uj Q, �m v 00 00 lklb O �O �•-A% - Katherine A. Jurgensen -.► O •G)1 VOL. 6609, PAGE 483 DRTCT N SOUTHLAKE CORNERSTONE BUSINESS PARK VOL. 12873, PAGE 522 DRTCT `Ir S 87'05'25" W 437.50' N 8T05'ZS'" E 377.06' 1/2" IRON ROD SET N 7149, 8" W N W 131.46' D=04' 38' 29' R=316.90' L=25.67' PART OF LOT 2 BLOCK 5 CORNERSTONE BUSINESS PARK CAB. A SLIDE 4010 N 19 43' H .43 T-12.84 PART OF LOT 2 BLOCK 5 CB=25.66' CORNFP.STONE BUSINESS PARK CAB. A SLIDE 4010 C=S5015'14"W L1 N42'04'01 "W 19.84' L2 S87'05'25"W 27.37' L3 N53.51'57"E 37.23' L4 N36'08'03"W 18.29' L5 S89'36'51 "W 14.71' LOT 3 w to . N O m � p N O" 51 LOT 5R2 THOMAS EASTER NO. 474 ADDITION CAB. A, SLIDE 49Co LOT 4 THOMAS EASTER NO. 474 CAB. A, SLIDE 4123 EXHIBIT B PORTION OF CROOKED LANE RIGHT-OF-WAY ABANDONMENT SOLITHLAKE, TEXAS SHEET 1 OF 1 Cxr-(16f7- "G ' U rILI'iY COMPANY APPROVALS q� ! rAO. duly SUMOr=4 rspMumoves o' Me rsspgn-ye uultd companies aw al;An to the abopdonmont _ �F �aM�aT _, as Oss�lpeA pn anetady described W. COKED LANE Q07MN01NG'60UTK FROM TrE lNTLR+$EGTiON OF WAAN +Alt FAN. 1709 (30UTHLAKX NOULEVARO) ?O THE INTW"ecTION OIL D R S uTlr) I W 34VTF1 NOW4 OIUVE (6ftbit A aftchsd), LOCATED IN THE CITY !wl TARF.i NT COUNTY, TaXAS, _G TXU.Go* fit! R .. .., ' Pm"Wo Arms; TIL12: �, 4)r► �t7�/ GESi P �• t ' - ' CAs/10r porrtrnunloslt.►ins r . Nam P.Pdnttd Name: --� Tine: r131T <<G UTILITY CC)MPANY APPROW L6 ae detailed on V+1e th• undersigned, •t duly authorized rspr �entativet of the rospeative utility companies, ex rese no objection to th• abandonment_Q1r�..-�-- t�era P snersil described as' the attached axt�►bits, g Y ON OF PORTION C)F CROOKED LANir EXT6NDINC3 SOUTH OTo THE INTEFtgECT10N OF THAT CROOKF-D LANE WITH F.t�1, 1708 (54N DRIVE I: i34 CRQ4K EO t.Alr'E vUIT}� SOUTH NOLEN DRIVE (Exhibit A sttached), LUCAYEO 1N THIS CITY OF 60UTHL4KE, TARRANT COUNTY, iiYXAS. TXU Ejectrio/Gee Printed Name: -~— Title: — Title: ---- --�'�' GTir l VERIZON : Signed:._„_..,.�._. Printed Name: , Title: - ' -- Title: -- -- - SOUTHWESTERN BELL ; Signed: ,,,,,— Printed Marna: - Title: Title: ---.- --- - Electric signed' _... . prislted Nsme: Title:.._., Chtrter communications $q Printed Name: Title: _� THE CADDY COMPANY TEL:817-488_7205 Jul 12,01 8:04 No.001 F.02 Of E x 1-d 1151 T <<G UTILITY. COMPANY, APPROVALS We, the undersigned, as duly authorized representatives of the respective' utility companies, hereby express no objection to the abandonment _ OF 4ff+9 SE,s7 f,1 i I 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 INTERSECTION OF CROOKED LANE WITH SOUTH NOLEN DRIVE (Exhlblt'A Oe SOU74LAKE TARRANT COUNTY, TEXAS. attached), LOCATeD'1N THE CITY '7XU Ei-oft/Gass : Tzf-County Electric _ Signed: I Signed: . Ftinted Name: Printed Name: ' .Tide: Tillie: oats: Date: OTE / VERIZON : Charter Communications : Signed: Signed: Printed Name: Printed Name: •Title: Title: Date: Date: SOUTHWESTERN BELL Slgni . Printed Name:2ZZ Title: Date: -7/� /2-//_D_l c-X if / /3 r 7- ``c vT1t,1TY CQMPANy '";WVALS We, �d 4nd.r��d, as our r vk t ixpnai ,� ob y eua►orrs'@d nproOentetly#t r the E�+pd Qxhrbfts, /eolon to the abettdonmtnt a ° NA ►tispecNve WQ Brnorally Qescrlt� et: �+ .y-r- h compont" as deafted on THAT PORTION 4v CROOICEb CROOKQD LUX, iTH F.M, 17o0 NE �TENDINO SQv7N FROM 7 ��0'K9D LAt4v WITH SOUTH /Jp�t�uDR VE HE lN7�ggECT14N OF UTSILAKC, Un KB �OUL.EV, faC TO ?NF 1N FRsIcOTO1J OF RANT COUNTYTV-YAS. ( ttlbit A sttgChgd). LOCATED IN THE CITY rXu El�trla4se 8lened; Tri-Cq�h..,��Elscirfc ; , Prfn4d Name: rlfo�l Nome: True: T►Eie: %%%O�V�P6„E,� �fi�tt�iv��cr' (� DOT& : yr ,o--r 3 Zaai Q'M / Won". Cerrtr»Onlcetlons P ntOd.N": �rpnad: TRIO: Prlmsd Nome; ?7tlr. TIU&: Title: *OUTHWE81EAN BELL: Prtntsd Nan' c Tltts: �� ! Tr!►e: @69bIEbC i.:; IVA -- - --- r . 17A C,XH113tT `c UTILITY COMPANY APPROVALS We, the undersigned, as duly authorized representatives f the respective utility companies, hereby express no objection to the abandonment OF b*S6-1 &VT- 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: Signed: Printed Name: TXU - Gas Signed: 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. G:e'd:: IVER Si Printed Name: y'w Title: d 6 C T /a AJ M-#/?V J'Cv &At Date®- Ol - U l QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § 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 MAYOR STATE OF TEXAS § fir' § COUNTY OF TARRANT § This instrument was acknowledged before me on the , 2001, by My commission expires: Return to: City Secretary City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 Grantee: IN day of Notary Public in and for the State of Texas Type or Print Notary's Name 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 th deed to Catherine A. Jurgensen recorded in Volume 6609, at Page 483 of the Deed Records of Tarrant e 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 aieo being the most northerly comer of the aforementioned Jurgensen tract; THENCE, south 00 degrees 20 minutes 40 seconds east with the east line of said Jurgensen tract, and the west lira of said Lot 5R2 of the Thomas Easter No. 474 Addition, a distance of 19.67 feet; THENCE, south 5.3 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 c plastic cap stamped "JDJR" for the northwest corner- of Lot 2, Block 5, of Cornerstone Business Park, 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 concave to the southeast having a radius of 31E.20 feet, c central angle of 4 degrees 38 minutes 29 seconds and a chord that bears south 50 degrees 15 minutes 14 seconds west, a distance of 25.66 feet; THENCE, with thor arc of said curve and the southeasterly right—of—way line of Crooked Lane as shown on the last mentioned plat of Cornerstone Business Park, a distance of 25.67 feet to a 1/2 inch iron rod set with a plastic cap stomped "JDJR"; THENCE, north =2 degrees 04 minutes 1 second west radial to the lost 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 comer 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 1-Q.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 34 inch iron rod found for the most easterly southeast corner of said tract; THENCE, south 89 degrees 36 minutes 51 seconds west with the south line of acid Barbarc 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 easi, 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 afcrementioned Form to Market Highway No. 170% 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 R southeasterly direction with the arc of s_id 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 0.5698 acres of land. EXHIBIT A POR T iOIv OR CROOKED LANE RIGHT-OF-WAY ABANDONMENT SOUTHLAKE, TEXAS SHEET 1 OF 1 SCALE 1" = 100' / D=01 ' 38' 04' ' R=1974.86' L=56.33; T= 28.17 wqr C8=56.33' �qR yes) C=S74'42'26 "E JOHN R. OEMLOW ETUX CAROL G VOL. 9275, PAGE 1926 DRTCT PORTION OF CROOKED LANE R.O.W. TO BE ABANDONED 29,177 SO. F. T 0.6698 ACRES APPARENT GORE- STRIP SETV,-:. OEMLOW TRACT AND JURCENSON TP,ACT BARBARA JO GORDON / VOL. 6843, PAGE 1181 f L5 le SET—L21� V1= a� sa a. z U m W O O v SURVEY DESCRIPTION POINT OF EEGINNING TXOOT MONUMENT FOUND \ W to o� 04 o N Q .2 5% cn Ic6 0 P +•� �— Katherine A. Jurgensen - O 11 G 1�1 VOL. 6609. PAGE 483 DRTCT SOUTHLAKE CORNERSTONE BUSINESS PARK VOL. 12873, PAGE 522 DRTCT W S 87'0525" W 437..50' N 87 05'25" E 377.06' N O 1/2" IRON R00 SET N �1,49 W N -6- 46'03"' by 131.46' D=04' 38' 29' ' R=316.90' L= 25.6-7' T-12 � P .'1 p PART OF LOT 2 BLOCK 5 N CORNERSTONE BUSINESS PARK Q CAB. A SLICE 4010 0 N .84 PART OF LOT 2 BLOCK 5 CB=25.66' " CORNERSTONE BUSINESS PARK CAB. A SLIDE 4010 C=S50'1514 W L1 N42'04'01"W 19.84' L2 S87"05'25"W 27.37' L3 N53'51'57"E 37.23' L4 N36'08'03"W 18.29' L5 S89'36'51 "W 14.71' LOT 3 LOT 5R2 THOMAS EASTER NO. 474 ADDITION CAB. A. SLICE 49CO LOT 4 THOMAS EASTER NO. 474 CAB. A, SLIDE 4123 EXHIBIT B PORTION OF CROOKED LANE RIGHT-OF-WAY ABANDONMENT SOUTHLAKE, TEXAS SHEET 1 OF 1 Ll City of Southlake, Texas MEMORANDUM' November 19, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x-1527) SUBJECT: Resolution No. 01-069, Appointments to the Public Art Advisory Committee (PAAC) Action Requested: City Council appointment of seven (7) members to serve on PAAC. Background Information: With the adoption of Ordinance No. 803, the Public Art Policy, the necessity arises to appoint the seven -member committee that will make_ all formal recommendations to the City Council regarding issues • related to public art in Southlake. Upon their appointment by Council, it is anticipated that several work -planning meetings will be held early next year to develop a Public Art Plan, possible publicity/fundraising events, and other partnership/donation opportunities. Please note the following concerning the appointments to the committee: • The ordinance requires alternating two-year terms, based on odd- and even -numbered years. Therefore, three members will be up for reappointment in November of next year and four in 2003. The particular persons and their specified terms noted on the second page of the resolution are suggestions by staff for continuity purposes; the Council may choose to switch persons/terms as they wish for 2002 and 2003. • There were nine (9) applications submitted for the five (5) available non -Council positions. It is at the Council's discretion, based on the information provided, which two (2) applicants are best suited from the "artistic" community, which two from the "citizens -at -large" ,category, and which one (1) from the Arts Council of Northeast Tarrant County. Financial Considerations: None at this time. S Billy Campbell; City Manager November 19, 2001 Page 2 Citizen Input/ Board Review: The nominations were advertised with the City Secretary's office and via staff interaction with known interested parties. Legal Review: Resolution forwarded in packet to City Attorneys. Alternatives: • Changes to appointment categories and terms as deemed appropriate by the City Council Supporting Documents: Supporting documents include the following items: • Resolution No. 01-069, Appointments to the Public Art Advisory Committee (PAAC) • Nine (9) applications for appointment to the PAAC Staff Recommendation: City Council appointment to seven -member PAAC as deemed appropriate. KH CITY OF SOUTHLAKE, TEXAS RESOLUTION NO.01-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE PUBLIC ART ADVISORY COMMITTEE (PAAC); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, A Public Art Advisory Committee was created in Ordinance No. 803, for the purpose of supporting the Public Art Program and to support a public process for incorporating Artist services and Artworks in the design of civic spaces and facilities, and to define the programs, policies, and guidelines for acquiring the commissioning of art of the highest standards which shall enrich the quality of life for all residents and visitors of Southlake; and, WHEREAS, the goals of the Public Art Program are to create a better visual .environment for the residents and visitors of Southlake and to integrate the design and work of Artists into the development of eligible City projects, as expressed in the Public Art Plan; and, - WHEREAS, this committee, appointed by the City Council will consist of two (2) City Council members; two (2) members of the artistic community; two (2) citizens at large; and one (1) member of the Arts Council of Northeast Tarrant County; and, WHEREAS, the seven (7) members shall be originally appointed by the City Council to terms in the year of adoption of the policy. The terms shall be for two (2) years, with three (3) members up for appointment in the first even -numbered year after Policy adoption and each two years thereafter, and four (4) members up for appointment in the first odd -numbered year after Policy adoption and every two years thereafter. The members shall serve until their successors are appointed, without compensation; and, WHEREAS, This will be an ad -hoc committee, and there will be no regularly scheduled meeting. There will only be meetings when there is an issue relating to public art for which the City Council needs a recommendation; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following members to the Public Art Advisory Committee for terms as follows: S 1. 2. 3. 4. 5. 6. 7. Section 3. ATTEST: City Council member (to expire November 2002) City Council member (to expire November 2003) Member of artistic community (to expire November 2002) Member of artistic community (to expire November 2003) Citizen -at -large (to expire November 2002) Citizen -at -large (to expire November 2003) Member of Arts Council of Northeast Tarrant County (to expire November 2003) This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 26TH DAY OF NOVEMBER, 2001. Sandra L. LeGrand City Secretary N:\City Secretary\Resolutions\01-069.doc Mayor Rick Stacy City of Southlake APPLICATION FOR APPOINTMENT 9 APPLICATION FOR APPOINTMENT TO: - (name of board, commisMittiee Name: Address: Home Phone: Employer: Current and/or * U`se a separate applicationfor each appointment desired board, Years in City: Phone: ' 12K or committee experience in the City of Southlake: Reasons for desiring to serve on this boardw-comniission, or committee, and our opinion. as to the Qualifications and experience, L 'Would assist you in serving in this, I 'positiq�: i 0 J Do you underst"drid and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? 7--,-el Additional information or comments: 1 z V, Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wL*4 to continue p be considered for appointment. Signature Date: ;C)O/ D-NWP-FILMCMSEC%iORMS\APOINTMNJFILM City of Southlako, OCT 2 6 2001 �W APPLICATION FOR A R I T . �F T 1 APPLICATION FOR APPOINTMENT TO: (name of board, commission or committee) *Use a separate application for each appointment desired Name: Address: =6154 P111� Home Phone: Y11 J. 5 V -1-/-395 Years in City: -21 Employer: „ /J�r. �>//%llP� Phone: $7 7/41 70:;? - 7`7S l' Current and/or previous board, commission, or committee experience in the City of Southlake: I(XA5 Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: L",&Vany A ,-ke l ' I 1UtdM?i (02 zdhal r'.d/ r - �Qc.Lla�i d �1 &_�1.S.�IIJr h �G s �.Yd�l�i 1..�sX. �T �Qit1�.fQ,�l1• Qualifications and experience that Would assist you in serving in this position: /' �'�ir/i�f��.C. • � V Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? . ._.... 0Additional information or comments: -- Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature:'` �� Date: D:tWP-FILMCrrYSEC%FOR.MS\AMWn^.FRM City of Southlake APPLICATION FOR APPOINTMENT APPLICATION FOR APPOINT14VIENIT TO: `L; c, '7 (name of board, commission or committee) Use a separate application for each appointment desired Name: ,Address: / '7 M .0 b - 1-*,E Home Phone: SO- -36-1-9 — -',5 Years in City: Employer: d I tAn r L Le c AA-",— in J w) Phone: '6) JL '147 - ,S-e I � �- � ryt Is to t-+edl or lonum Current and/or previous b6ard�)conunission, o? . ttee experience in the City of Southlake: easons for desiring.,,, zHn<a r at thi, i}oarcj, commission. or committee, and onir;--n to 0- 7 1 7 i-Ji I y this 2 S is jt no VnIA itnAarcinnd 2nA apr— that %,Aly per tol attendance, nnei fwt;--- zUj)r%nrt n— rf-oillw-A -;ts an ar)—int- and that noncompliance could result in removal from the board? Additional information or comments: / Ljvyktd wdL Oiu-5 "f:5 Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Date: D.IWP-FILESCnYSMVORMSVAMtNTW.FILM It — OCT 2 6 2001 =' ' City of Southlake - - 4 J APPLICATION FOR AP APPLICATION FOR APPOINTMENT TO: (name of board, commission or committee) * Use a separate application for each appointment desired Name: 1JL c2n/ e S 41, 4AZ-422 E Address: /,t- 14! s<uT6jL4 6.c Home Phone: :i'l^ ��_�/ 3 93 Years in City: Employer: Phone: /�/� Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: c2 4- -ri .'o�& 4 - g/' - -;_0 f -- Qualifications and experience that would assist you iri serving in this position: Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to bP,considered for appointment. Signature: -+.•� C G �' Date: ,[�,/-2 D:%WP-FILE=rrySFCTORMStAPOIMTMM. FTL%i City of Southlake •- APPLICATION FOR APPOINTMENT APPLICATION FOR APPOINTMENT TO: * Use a Name: Address: Home Phone: V % ZYUI` (name of board, commission or committee) each appointment desired Years in City: Employer: `Lew.' Phone: Current ardor previous board, commission, or committee expenence-in the City of Southlake: _. Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: i)ualifications and experience that would :assist you in seeing in this position: w r' Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or cnmmenty Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature:9�6� Date: le D:1W P-FILES\CTTYsECtFORMS\.A"tN Tw.FRM NOV 'Z City of Southlake W APPLICATION FOR APkOM- ENT APPLICATION FOR APPOrNTNNMNTTO: (name of board, commission or committee) *Use a separate applicationfor each appointment desired Name: Address: kSOc--�, Home Phone: k i 1 <4 oc7Years in City: '/;I - Employer: Phone: Current and/or previous board, commission, or committee experience in the City of Southiake: Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: \'Jon-- -i U cicx-oc-yu� �W ,X -Wkj ( kj:=a -k-0 r- 1- I -rW-C CA.--0 ern Qualificaionand experience that would assist you in serving in this position: C C CC'k r o 4Ve--A- n-{ -)N ( A- I-,,- 1), r r-o� -S I& t IrW I e A jeer, Dko r't-n ( o eN r c-- % -,> � n '. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments: C Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Date: D:kWP-FILMCn"YSECTORMSMAMINTNm.FIL%4 r City of Southlake • Application for APPLICATION FOR .APPOINT v NT TO: v* M tT"-EE �a l (name board, commission or committee) Use a separate application for each appointment desired. Name: L-szl F- CA-FOLYZE9- Address: g DJ� t D6-f— D4 � � C.T. Voter's Registration # Home Phone73.2-9 Work Phone: Email: Employer:To--tsstoh-a1 YoL 1, e-L Current and/or previous board, commission, or committee experience in the City of Southlake: / ople- ._ Aowevery Reason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the f p€imose; goals, and duties of same; i - 1 Lill #11 Qtialifications and experience that would assist you in serving in this position; Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board) Additional information or comments: ' '4 Ct c L. Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrandpci yofsouthlake.com. Applications are kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to -be considered for appointment. Signatures—_ C_:&.1 ,��� Date: /J / 06 la LACiry Secretary+diseellaneouMpplication 01Boards.doc joard5 �ro e�-t~�V� Ser���esj_ eiveY'sid4f_.. ro� gem h�r� Su �u,r Yes / �A-1 rd /%'le..,-► 1�(s�a �G ►^S a rt � r rt p�Y'�2. GJ a.. t70�'t O� �L `� CL1�� � r`. L.P-4WC Car Pont�-- `City of Southlake Application for Appointme�f. _ (name board, or e4mmittec) • Use a separate gplicaastion for well apVobtree4 desired Name: 4 • o t- t Address: Vattr'S Registraticm ii T. • Irlt, Home Phone: S%- 111!L Work Pkona: 4e9 - 23.� • 4Q mil: ewae►. ,o Employer: J0r3An*W,A Q+M►tL-I.`i �-rye Current and/or prcvivos board commission, or committer wqx riocc in the City of Southlake: Reason(s) for•desiring to save on this board, cotnmissim; or rn=nmi+.eA, and your opinion as to the ' purpose, goals, and duties of same: ofl-3o..vW60 04 106TU '64�' - e•t•{ or - A. A W,&v lei. OW -r%94 — &-U4& 04Mt-0 , = 10-1O � S4AiCt bC%1-ftLtAKr, WM- 6%6r- :s-r LAA OIL • •w.4st*06T-- k MU.X, M ^�r aI�X--f -t'o A04+et cvJ Rlb u. .CRY finC�61SCW45 , 1%%3T -ro `WuCAVR- At tO. �uslifleauonr and experience that would assist you in serving in this position: ' ul'-r'A M4 -r Wb tr ^.'A 0W.Cj 6 W taa� .. '04cr r1*14 . Ir.C.r"JI�, Mt rti'Jes� of Dw► oroa_.1U.041M,%I 'Vk..► `(R�sf+rb . c0LxjWr. . A=' AAAM Do you underswW and agree *a your teplar hex =d active support wrt required as an ,kapomm and that nonemifflaam 4.v4t+3 result in removal ftont the board? Additional ioforn anion or .omrncnth: Please return this completed J% m to the City Secretary's office, Town Hell, 1400 Main Street, Suite 270, Southlake, Texas 76M. fax to (917) 491-5E26, or email to address: sIc =- MIWitvofsouthtake.com. Applications ace kept on Ste for one (1) year. Aftw that time it will be meeesaary to reapply and update the infornnatioa herein if you wish to c;orttinue to be considered for appoJohneuL Signature: �.,�.. 11/I2/01 ION 11:52 ITI/RY NO 52773 City of Southlake • •� Application WV 14 2M for Appointwe tFEICE of CITY SECRETARY APPLICATION FOR APPOINTMENT TO: C �9iX�C- Ei t u-r-- (name board, commission or committee) * Use a separate application for each appointment desired Name: I LL I Address: x- 6,Pr%,, & ex rV,,,. Voter's Registration # T f{, Home Phone: 14 Work Phone:���'� mail: . Employer: \J,.Nl Current and/or previous board, commission, or committee experience in the City of Southlake:__O_� Reason(s) for desiring to serve on this purpose, goals, and duties of same: or committee, and your,opipion as to.,the 1A t K l t 1' 1 I 47 Qualifications and expriencet. uld assist you in serving in this position: ��c YlSlt.�l OU6 i7tNj Do you understand and agree that your regular attendance and active support are rewired as an appointee and that noncompliance could result in removal from the board?_ Additional information or comments: I Y / K rrl t"b w t m J- U+1 U t/ iVt e Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to . address: slegrand(a. cityofsouthlake.com. Applications are kept on file for one (i year. After that time it will be necessary to reapply and update the information herein if you wish to conti to be considered for appointment. Signature: �/�Date• OV/N LACity SecretarylMiscellaneous\Application T9P8Cvds.doc L e C E 0 . ll of u ss me - a i a z-+ i e I z . J + Z n a I 0 0 C L a 0 a N o r J 0 m z / f t L f L 0 of , / n N N L + t / 0 0 N 0 0 + L L U + + a L l -0 n 0 le LI > > la a 0 0 >. + a oa m e er 0 o r- 0 - o, 0 on n n of n- o n ,m ON 0 L L L . 1 Z 12+01 farcoLO f em YcbZ, .00 L IL 0 a - 0 0 0 }0/ 0 a0F o00z NCO/ 0 •e m�m�o rl- - owo+o ��aaa OF/w Nnof0 Nlot 03 0 C t� D DamO- OioUz /O/3 CFO60 00 .az 2iony a0az 0/n/0 w.I FOwoi F IJ11 O IL 411 Ja0n0 ILanFI 35' BUFFER YARD / OPEN SPACE REQUIRED ADJACENT TO EXISTING RESIDENTIAL USES G as ----sw EXISTIM U.D L.D. AG SF1A 4 ° ice, AG L.U.D. = L.D.R. PROSCRIPTIVE~ L.U.D. = L.D.R. L.U.D. = L.D.R.` - 0. Ely- J L.U.D. M D.R PROPOSED ZONING n _ NON — RESIDENTIAL PUD sr.."MIXED USE BUSINESS PARK" �►A I lR F:TT�FN'TT A T ('C Cl1 R1 49.25 ± ACR] REFER TO THE EXISTING ADJACENT LAND OWNERS MAP FOR EACH NAME OF ADJACENT OWNERS 70�Q % o oaOE ts 0 Cb o 110 a a E. DOVE RD. LL; J Q En —� O SITE cc U S = y jj4 Z HIGHLAND RD.Y VICINITY MAP O �a N "6"=6mm� AG 0 150 300 600 900 U.D. = L.D.R. 1" = 300' AG L.U.D. = L.D.R. PARCEL ADDITIONS TO TRACT II P. U.D. — NON—RESIDENTIAL PLANNED DEVELOPMENT "MIXED USE BUSINESS PARK" P. U.D. — NON—RESIDENTIAL PLANNED DEVELOPMENT "MIXED USE BUSINESS PARK" PROPOSED RO.W. AREA 25' BUFFER YARD 35' BUFFER YARD 50' BUFFER YARD L.U.D. LAND USE DESIGNATION M.D.R. MEDIUM DENSITY RESIDENTIAL L.D.R. LOW DENSITY RESIDENTIAL AG ZONING — AGRICULTURE CS ZONING — COMMUNITY SERVICE P. U.D. ZONING — PLANNED UNIT DEVELOPMENT SFI ZONING — SINGLE FAMILY RESIDENTIAL MF1 ZONING — MULTI FAMILY RESIDENTIAL OI ZONING — OFFICE C3 ZONING — GENERAL COMMERCIAL ANCILLARY RESIDENTIAL USES RE, SFIA, SF30, AND SF20 ARE NOT TO EXCEED 27.19 ACRES IN THE ENTIRE NON—RESIDENTIAL P. U.D. AND SHALL NOT EXCEED L0 DU/AC. ONCE A SPECIFIC Bl, 01, OR CS USER IS IDENTIFIED FOR PARCEL IIB THE CITY COUNCIL RESERVES THE OPTION TO REQUIRE A 300' SETBACK FROM CARROLL AVENUE AT THE SITE PLAN STAGE OF APPROVAL. ACCESS TO PRIMROSE LANE WILL NOT BE PERMITTED ACCESS TO CARROLL AVE. WILL BE RESTRICTED TO ONE FULL ACCESS LOCATION FOR RESIDENTIAL USES OR ONE EMERGENCY CRASH —GATE ACCESS FOR Bl, OI AND CS USES. COMMERCIAL USES (CI, C2, AND C3) COMBINED SHALL NOT EXCEED 50% OF THE PARCEL AREA FOR PARCEL ,C". IF A SPECIFIC BI USER IS IDENTIFIED FOR PARCEL JIB THE CITY COUNCIL RESERVES THE OPTION TO REQUIRE A PEDESTRIAN BARRIER ALONG CARROLL AVENUE AT THE SITE PLAN STAGE OF THE APPROVAL PROCESS. ------- -- - ------------------------- v a c �...I 0 C 9 2 LOT I I HILL ADDITION �,� W1LL/AM C. MASSEY I h VOLUME J88-159 , PAGE 96 �Ape, VOLUME 7774 PAGE 115-9 P.R. T.C.T. •°�1,�r1 i�l D.R.T.C.T. BLOCK 1 OWNER. OP' LOT FAITH FERGUSON � ENS77NG ZONING ( Q EA7S77NG ZONING B1' EX/S N LUD f�rr � EVSANG LU.D IMIXED USE' "LOW DENSITY RES/mww' POINT OFir- I ' --i--------- 6W= .-----.5'W.---.----- -_..6 I E. HIG LAND STREET a MI" `EY ASPHALT PA4EIIENT A-151 A_fa9 w a 58990'00'E 250.01' l d 17LB4' :1:�A `•' I --- ld UOL ESMI UM l id ESPY lopIIL UESPY Eb.S•T pPA KZ Lie 4E •:w e 1d SANITARY -I ANO 1d THE 'A' AND id TYPE'0' EA$EYENT I BUFFER YARD BUFFER YARD ^"? 1"• ! W BUILDI G SETBACK n� PROPO, a Q 6 STOCK rvl I I Y91. 1500 Si. I irTNH- RANT I I 1 I �\ O ;�;,r•- I / 1 a�� 17, b4J SQFT. Yu4. 15ao S.F. ' V e III �� I �,�Jj I V zo• 8111 ^ll�1NG SETBACK89 ,t 22&920're W O I I L �/� / I re I 68DFFE1! rARD I ACCESS ESYT I Y W 0 I S I« M- eu[ sETBAdt V I I I HIX75Y u YIN. 1500 S.F. 2 ROPOS t� I 5' IunL ESPY I �, HYDRANT 431,99J SQfT. H � I �4,1J9 SOFT. FIRE BLCK 1 MIN. 15W S.F. O� I o O SEP7K' TAAIY ,d UTL 1SA'T / I I I 20- BUILQING SETBACK ti I I IMPOSED ZONING I i I YARD -- A I I "SF-1 A"-- Q' I BLOCK 2 I"0 I euFFiR YARD aF�s m''T 4W BUILDING SETBACK (AI h I I O �� I Bill NG SETBACK QLl p`. Q n: II 15AINA(S'T Alq PROPOSED ZONIN1511) Gw S.F.�, L- -uLJ,EYMF-1 �A s I J MIN. 15W S.F. > l Z I 24407 SQF•T. 155.90' ftitr m I I , II I 1S DRAINAGE NAGE ESYY 2pBUSETBACK 5' TYPE A II BUFFER TARO--^NB9./081W d BUILDING SETBACK I-- 7- EaSANG ZONING TYPE "1-PRIVATE-��_ _= WFFERro cDET TNGBU;,G/ � ICEX/STINe ON I 4 ,ON SANITARY YIN. S F. ,500 A14,664 SQFT. MIN. 1500 S.F. E/)4M T W / T l fJ / 1 �I I 20 IDINC SETBACK - r� I I td TYPE Y-t' S' TYPE ; Iy I r 5/,9SS SQFT. 1 I BUFFER YARD Ex 5' U7x ESV'TJ I 9 I 4�741 -�N59'481S1V.. • --- FRANE @VxDAYG m I / /•� : , 238.41'�' ! TYPE A 2d PRIVATE ! I � BUFFER YARD ACfa=55 ESPY Z Q i I I R al I I M�BU .aNC SETBACK II W I 0' VTL EPM-T 15' DRAINAGE E-fill' A'T 11 I W I •S ANO 1d 7`(PE 'C' . . W k IuTL E91Y I114". SRFT. IN. TSDD S.F. TARO $ O4�i I j I BUILDING SETBACK j `' I P0•I DRAINAGE AND YIN. ,500 S.i. UTILITY ESM'T -- F5ES11T ADE ! 4-2d BUILOL SETBACK % 5 UTIL ESM'T I , BUFFER YARD ----� L----�I62.55' -----J ::. 239.02'.:, ____ - - - J-----N89'19'OB'W 261.02' --- -- Ex 7.5' UIX C-W 6 STOCKADE II FENCE rEx 7.5' UAL ESII'7 HANA ADDITION I I HAZE ✓ANET HANNA MILLER VOLUME J88-202 , PAGE 71 P.R. T.C. T. 1 EXIS7/NG ZONING I I III AG' I I III EVS77NG LU.D 'MIXED USE' IIi 94 III IA1* I ( I I /S 1 16 1 17 I I BLOCK 4 �j' 1 � � I r L -_- 11. - �:� ---- ,-y,-- Clio I I � 1 1J I_ IX 5' U7x E61F7 \\ A T I C 14 �- E�rMESAVERDE 3aR 12 0ON L�--'----RAIL r/ I EX 5' um CWT / / aFS7A11 ZONING /� 171 7 5' JJ iv'r37Gw axtr'/ .T4 BLOCK 1 � IX 10' U11E ESX/7 aPA�►�----�- alY OF .SCU77"AT SHADY LANE ---------------------- ------------------ -=--A,.-.-- "-------------------------------------- ------------a_w--- �O ��ss SSW ,Ii Ell 7d Ulx ESV'r 1 OWNER.' I 2 NVE // LTD i EXISTING L.U.D 'MED/UM DENS/TYRES/DENTIAL' EXIS77NG I ZONING te] "SF20-A' BLOCK 1 I 5 I B I OWNER.' NVE // L 7D EVERGRE�N ESTATES CABINET SL/DE 5225 I P. I T. C. T. Y' nnFr Ex 70' u7c ESW'r - - - - - - - - s�ar -1-- _T- YEARGAIN COUR'1• - 8 ^(------W----- w---OWNER.•--- r I SPENCER ✓OHNSON, etux CELESTE Ex 0, U7x 77, X 7J I I 12 j 40 0 40 80 GRAPHIC SCALE IN FEET SCALE: 1'=40' LOCATION MAP PROPERTY DESCRIPTION BEING a 3.257 acre beet of land attet Nbed in tin. T. MAHAN SURVEY. ABSTRACT NO.1040 and being at W thain beof lard deevbed in deed to Sdan Y. Mdlaw. m recorded In Vo a 1044& Pogo 20. DeedRecede, Tarrant County. Te said 3.267 - boot of land being mare par- tarty deearlbed by met« and bound. o. fala [#(XNN9NG d a point in the esath right -of -ray tin. of Ecet Hfghlond Street (a hoHoble width EIEGINof-ray), eaM Pact . NO2V2'SS'E a dW`r" of 16.21 het and S199d00•E. a di"aw. of 118.64 feat Trani the northeast moat of Lot 1. T. "In No. 1049 and an addition to O,e City of Sm&ok . Tarrant Canty. Tam. damdng fo the plat recorded in Cabinet A. Slide 3583. Plot Raerde, Tarrant County. T-9 THENCE S79WOO'E, yang the eauth right -of -ray line of wId Eaet Hlghlond Street a dielmce of 250.01 feet to a point for coma at the inter s b. of the esath right-af-mY Ilse of said Ewt Highland Sbeet and tin. weet right-of-..y IM of NaM, Kimbdl A, (a -WW. rIdth rfght-of-wy}. THENCE S00'3XI71W, ding the r.et right -of -ray line of .aY North XYnbail Anrnu., a dtetand of 556.19 feet to a Point for mn.r; THENCE N"19'06'W. Ie , tin. teat right -of -.ay line of ead Norio, KYn all Anrnu. and gang the north line of Lot 1. Hanna AddHlon. an addition to the CRY of S.uthla4e. Tarrant County. Teeae a...'ding to the plat recorded In Volume 398-202 Page 71. Rat Reeatlu Torrent County, Tmaw a dYlonce of 251.02 feet to a Point far comer. THENCE 1,101.40'11'E. I,a m the north line of cold Lot 1. Hanna Addition. a dhtaa. of 557.66 feel h the POINT OF BEGINNING and containing 142.291 .guar gur teal or 3.267 core, of land RITR DATA SUWXARY; EXIST ZONING IS 'AG' PROPOSED ZONING IS 'NF-1' PROPOSED LOTS - 5 EXISTING L.U.D - MEDIUM DENSITY RESIDENTIAL GROSS AREA - 142.291 SQ.FT./3.257 ACRES NET AREA - 125.709 SO.FT./`/.886 ACRES DEVELOPMENT SCHEDULE - JANUARY 2002 DUPLEX LIMITS - 10 BUFFERYAROS - 10' TYPE 'A' ALONG STREET FRONTAGE 5• TYPE 'A' ALONG SOUTH LINE OF LOT 5 10, TYPE 'F-,' ALONG BACK OF LOTS 5' TYPE 'A' ALONG INTERIOR LOT LINES IMPERVIOUS COVERAGE -Lot 1, 5.528.0 SO.FT.. 19.9x LOT 2. 7,199.E 50.FT., 29.8% LOT 3, 6.936.2 SO.FT., 26.4% LOT 4, 7, t99.4 So. FT., 29.2i LOT 5, 5.656.E 9Q. FT., 22.9111 SCREENING - SCREENING ALONG N. KINBALL AND E. HIGHLAND WILL BE THAT WHICH IS REQUIRED BY THE SUFTERYARDS. CONCEPT PLAN FOR MF-1 ZONING REQUEST KIMBALL PARK ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049 JULY 2001 3.267 ACRES APPLCANT: OWNER, FNGINFERa FOUR PEAKS DEVELOPMENT SCHON M. McMANUS WELCH ENGINEERING, INC. 726 COMMERCE STREET, SUITE 109 2149 E HIGHLAND STREET 4109 CAGLE DRIVE, SUITE 0 SOUTHLAKE, TEXAS 76092 SOUTHLAKE, TEXAS 76092 NORTH RICHLAND HILLS, TEXAS 761BO (B17) 329-6996 (817) 284-1175 817 589-0990 FAX ZA 01-092? Called 3.00 Acres Called 4.08 Acres L City of Southloke, Texas ZONED: 11 (LIGHT U City of Southloke, Texas Vol. 13291, Pg. 288 .U.D.= PUBLIC/SEMI I PUBLIC Vol. 12665, Pg. 1841 D.R.T.C.T. D.R.T.C.T. _ — _ R.O.W. LINE PER EXIST. CAB. A, SLIDE 556 DRIVEWAY P_R.T.C.T. i° J. A. Freeman Surveyr - i0 N 00 - - - - - - - - - - H. Decker Survey �� Surve Line r CONTINENTAL B/ VD PP GTE 7 - w 0 o� v7 C ` oaa~ _o V �X J O o \ _� (' \ o > J a7 \ v I TRACT 35 C N y C.R. 3099) ASPHALT PAVEMENT N _. ---------1-------- M 10' UTILITY EASEMENT o' OAK 5/8 IRF . 30' R.O.W. DEDICATION �' 3 EXISTING 5' HIGH CHAINLINK FENCE GM'S / APPROX. EXISTING I TREE CANOPY 15' ACCESS SEMENT George L. Johnson EXISTING GRAVEL DRIVE Vol. 12620, Pg. 1255 EXISTI� 8' HIGH WOOD FENCE • D.R.T.C.T. QP ZONED: 11 (LIGHT INDUST.) 3 Building Setback ine xI IN w 0 Uj Z— PP 36" L.U.D.=INDUSTRIAL 16" i \ OAK \ TRACT 150 3 CAI EXISTING APPROX. TREE CANOPY o RELOCATED PORT HEDOOD IV • • \ ��� / \\ ``P \\ \ I 0 w N� dl t]AC s,PORT EXISTING RELOCATED \ 9Z. STORY ; 24" OAK WOOD\�ONE SHED �1'OL \\ ' HIGH Lo METAL BUILDING Eli X DRAIN / J\NG \ \ F4 CHJNL NKIST.SFENCE EGRP'NA-V \ \ 36" I 0 RNE \ s \ @ OAK 15'x45' \ �'0 \\ LEASE AREA 24' QA EXI �ING EXIST CONC. \\ \ I 60' ATT $SHELTER � \\ J 36" OAK I OAK DRAIN PROP. 24" EM AK NAG" �Op FEN 4" OAKS O NEXTEL — --SHELTER7A71' _— -- _—�-- ------_ 1 211 S 89'23'53" W 274.40' 5' UTILITY EASEMENT APPROX, TREE LINE EXISTING 6' HIGH WOOD FENCE IC � ? T-) Wolter R Lightcop, Jr., ' f r ` l t'- ✓ 1 Et Uxel Bonito C. Lightcop TRACT 49 Vol. 7613, Pg. 2281 a t- ; D.R.T.C.T. ZONED: M.H. (MOBILE HOMES) L.U.D.=INDUSTRIAL SITE PLAN_ 20 0 20 40 60 2 SCALE: 1- = 20' Score 1" = 20' 3 SOUTH ELEVATION SCALE: 1 /8" =1 '-0" CVICTI\1/1 ,SED VAS VICINITY MAP NOT TO SCALE PROPOSED .x20'xlO'-6" PRE EXP. AGGREGATE EQUIP. SHELTER • r— FINISH GRA 10'-0" 4 NORTH ELEVATION / SCALE: 1 /8" =1 '-O" = 30' EXIST. DRIVEWAY �T I ZONED: 11 (LIGHT INDUST.) I L.U.D.=INDUSTRIAL I I I IDavid B. Stowe, Et Uxel Elizabeth W. Stowe Vol. 12350, Pg. 982 D.R.T.C.T. ( LOT 1 H. DECKER NO. 438 ADDITION I CAB. A, SLIDE 556 P.R.T.C.T. I 60' Put lic Street R.O W. per VcIume 388-163, I Page 56 \ .R.T.0 T. CASE NAME: NEXTEL ANTENNA CASE NUMBER: ZA01-1 10 LOCATION: 1701 E. CONTINENTAL BLVD, MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION DATE: SHEET' OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES PROPERTY OWNER: GEORGE L. JOHNSON d/b/a LEE AIR PROPERTIES 3416 ROLLING HILLS DR. GRAPEVINE, TX. 76051 PROP. EVERGREEN SHRUBS i / EXISTING GATES tXIST. _t / (WITH PROPOSED SHRUBS / PRIVACY SLATS) / EXISTING CONCRETE / / a / SCALE INDICATED APPLIES TO 24" x36" SHEETS. 1 REVISION: CITY COMMENTS (9/8/01) REVISION: CITY COMMENTS (10/17/01) PROPOSED EVERGREEN SHRUBS EXISTING 6' HIGH CHAINLINK FENCE (WITH PROP. PRIVACY SLATS) RELOCATED EXISTING PORT. WOOD SHED (#2) (12'x2O') PROPOSED ��-EVERYGREEN ' SHRUBS I.- Z Z i �o wm . 1 EXISTING AC 1 1 1 STING RELOCATED (EXISTING EXISTING / EXI OAK TREE PORT. WOOQ SHED (#1) TO REMAIN (10'x20')1 11 �- EXISTING I DRAIN �_ 1 1 PROP. 15' WIDE I 1 EXISTING ACCESS EASEMENT TELEPHONE BOX EXISTING LOCATION 1 I OF SHED NO. 1 I --I CONC STOOP EXIST LOCATION -- OF SHED NO. 2 r - 1 I ST EX�S��N�,O ---EXISTING 6' HIGH CHAIN LINK FENCE W/ PROP. PRIVACY SLATS I EXI EXISTING I GATE OVERHEAD I I ELECT, LINE I I / I I 1 Q Of ' L - I-- I EXISTING I W -1 I 'O�APPROXIMATE / (if LLJ TREE CANOPY O0 X m I EXISTING �� Q� I I / ATT O0' I O CY I SHELTER (t 5.5'x21 ') I I I 0• L EXISTING J - - - - - DRAIN EXISTING A/C A/C ELECT METER EXISTING EXISTING 24" OAK TREE TO REMAIN WAVEGUIDE BRIDGE EXISTING MONOPOLE t TOWER 25'-3" --NEXTEL PROPOSED 15'x45' LEASE AREA '�u t, t, i WAVEGUI E BRIDGE REF. 2/C-3) --EXISTING 8' HIGH EXISTING 6' HIGH WOOD FENCE CHAINLINK FENCE �---PROPER LINE EXISTING TREE LINE V N 0 C to 141) W w W • Z_ 9 U • W O0 . Z N D V7 Z o Q M cO o ��P•�E OF T f xs 90�` 9FG13T044� ION ,:it seal ou" �Wn ii1U QQCum' At vj1 outhonz y M. Webb, r t (not wild s 9�ar;ed) U 00 0 0 ? 0� �� U I O i- Ld Oto 9V)0 - �.-. WIZ I~ 0W LL- NN O Q 10, _ J3_ v as W `- � ILL, x LL- U � W L� Z o i aZ W °D U CI Q lIg ~ Z W cc Z O w U Y W w:5 I'.. O 3 r- Cn �. a . Z V O cc J t ~ � Cl 0 �__~O _ v %SoO L = r NZ No me ui ~ t = ~ r '=a�r=o -4 W==LMO W = m a _ h N ° N m s° i CK RO APPROVALS LEASING ONSTRMTIO RF OPERATIONS LEGAL (T�TAIL S IT_E P lAN 5 0 5 10 15 DATE: 09/05/2001 CASE NO.: ZA01-1 10 JOU Joe No: 21-2 222001 N N A 0NNSR: MS. JOYCE 0 HENS 800 SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76692 OWNER: MR. RICHARD A. RE UTLINCER 2500 SHELBY COURT MUSKOGEE, OKLAHOMA 74403 J. ALLEN SURVEY, ABSTRACT NO. 18 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS APPLICANT Pl"NER ENGJNB'Blt-S'URVBrolt PARAMOUNT LAND DEVELOPMENT PBS&J 13800 NONTFORT, SUITE 100 DALLAS, TEXAS 75240 PHONE: (972) 490-3255 FAX 972) 991-4949 CONTAC : DAVID HOWELL AUGUST f 3, 2001 REV. OCT. 24, 2001 IN PLAIN 6999 SUMMERSIDE DRIVE, SUITE 202 DALLAS, TEXAS 75252 (972) 380-2606 CONTACT. CAWS BLEVIIVS SCALE: 1 " s 100" PBS&J# 520181.00 Sfillr f OF 1 U 11 �� REUTLINGER COURT IOYA i 74403 4I 1 I 0- KELLER PKWY S THLAKE BLVD °4 01 SITEAl UNION CHURCH RD CIO�� VICINITY MAP NOT TO SCALE ROW LINE PROP, a C. W N S E 100 0 s0 100 GRAPHIC SCALE IN FEET 4.5' 7YP, N h SINGLE I* MIN. �-4" SEWER SERVCE f I Wi1TER SERVICE I CE SMEET N � PROP. a.0 h _ PROP. SAN. SEW. --,► PROP N.H. 4.5' TM ROW UNE 129 W j IO' 2 10' W � O OJ TYPICAL UTILITY SERVICE LOCATION DETAIL (NTS) 50' R. 0, W. J1' B—B 9.5' 15.5' 15.5' 9, 5' �, �6" TYP, 1 TYP. I 5' 5' i SANITARY WA TER SEWER STORM LINE DRAIN UTILITY LOCATIONS FOR �TYPICAL RESIDENTIAL STREET SECTION � F70 j 7f—bM I ?IAT 6u13� PRELIMINARY WATER AND SANI TAR Y SEWER SEENA 43 LOTS DEVELOPED AT SF-20A STANDARDS BEING 28.3637 ACRES IN THE J. ALLEN SURVEY, ABSTRACT NO. 18 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS APPLICANT PLANNRA—ENGINNAM—SURVEYOR PARAMOUNT LAND DEVELOPMENT PBS&J 13800 MONTFORT, SUITE 100 5999 SUMMERSIDE DRIVE, SUI11 202 DALLAS, TEXAS 75240 DALLAS, TEXAS 76262 PHONE: 972) 490-3255 (972) 380-2605 FAX. 72) 991-4949 CONTACT.- DAVID HOWIELL CONTACT: CXRIS BLEVINS AUGUST 13, 2001 SCALE. 1 " 100' REV. OCT. 24, 2001 PBS&J# 520181.00 SXEET 1 OF f OWNERS' CERITIFICATE N N q a LD V) 6i 0 0 cV N 0 a I 0 0 0 i 01 3 T i (D 0 0 cV m 0 i E.I. WIESMAN E.I. WIESMAN E.I. WIESMAN • \ . VOL 4243, PG. 183 VOL. 4243, VOL. 4243, PG. 183 I D.R.T.C.T. PG. 182 D. R, T.C.T.- , ZONED AG D.R.T.C.T. ZONED AG LUD=LOW DENSITY ZONED AG LUD=LOW DENSITY RESIDENTIAL LUD=LOW DENSITY RESIDENTIAL BROCK ADDITION ° ' ! LOT 5A RESIDENTIAL VOLUME 38844 ARVEL HANEY ` P.R.T.C.T. VOLUME 5066, PAGE 866 ZONED SF-1A D.R.T.C.T. LUD=100 YEAR ZONED SF-1 A FLOODPLAIN LUD=LOW DENSITY S 8 8 *3 3'3 8'1 E 373, 79' RESIDENTIAL 187.52' S 88'S3'10" E 362.43' • w 125.00' 141.62' 177.34' 0) � Do ,�, 54.73' BRADLEY JAY Ln ,N "DmI a; 10' uE w Q) SCRIBNER I I J 00 N �i ro > -gym -co Off` �� VOL. 12263, I I I ti ® 5 0 �- 6 �1ri A df-' U 1 w N r6 ��o' ��`O. � PG. 1785 I t BLOCK B I `Ss�° z co wl UJ o co 2 N D.R.T. C.T. I I / `3 -` _ N o o 0 ZONED AG I I I 5� •L•� a i� 35'B.L. z 5.09 3 kv °7 ;LUD=LOW DENSITYLOT 4 LOT 3 )RESIDENTIALN�,/DO^\� �35LB 4.17 0 z-125.00 SD LOT 5 I I I � �� 152.47' z 208.39' �>> o N89'22'27"W I 4. N89°32'08"W 360,86' PORTOFINO PLACE < ------------I----1--------1----- LIFESTYLES INC. 001 rn % / 139.96 TIFFANY ACRES - - - - - - - L \ VOLUME 388-121 PAGE 33 VOL. 13319, PG. 504 � \ �� 158.99'-- w 15'B.L. 152.86'-1 J �' MICHAEL DRIVE D.R.T,C.T. 1 I � o _ D.R.T_C.T. ZONED SP2 160.00, N o _ I �� 4 � r�---- r--- -- o N ROBERT -I THOMAS & _ LUD-LOW DENSITY N89.32 08 W I 5 I o 7 M 6 I � N N VAN TIL I T REARDON I LOT 4 BLOCK A i I LOT 3 - '+ - I tO VOL. 8288, RESIDENTIAL 0 0 o `�' o >� O PG. 333 I VOL T9234 I ORL.ANDO I I ROBERT I JOHN J. 1 o o Ir`? N89'22 27 W I , I CONCRETE INC. 1=AMIGLIO ,ri 3 o u-i I z r �t `� (n D. R. T. C. T. I PG. 1374 I VOL. 8466, I I VOL.2188 I VOL. 11773, 1 N 1n N89'32 16 W N89°32 00 W n 166.35 1 �I N ---10' uE ZONED AG I D.R.T.C.T. PG. 1853 ''� I I L. 28 I PG. 1999 153.56 154.37 �I 0 LUD=LOW ZONED AG I D.R.T. C.T. I I I D.R.T.C.T. 1 33 D. R. T. C. T. N89°32'08"W I wl m � � � --' r; �� 5 o DENSITY i LUD=LOW I ZONED AG 1 I ZONED AG I ZONED AG 1 0 ml o _o m �ri RESIDENTIAL DENSITY I LUD-LOW DENSITY ILUD-LOW DENSITY I 160.00 I cv - o I o 5 N I RESIDENTIAL 1 1 I DENSITOW 4 0 �' W I o�� LOT 5A I RESIDENTIAL I \ 0 10 M I 0 M ( 0 a r- N89'22'27"W S 88'47J57LOE 5B 31�.23' \RESIDENTIAL,IB. COUCH RESIDENTIAL Co o 152.25 z 153.40\ Vol. 12111, Sri 2 Sri o 1 >. o 1 0 00 170.34' 67.23' 125.00' 125.00' \ PG. 826 `V _N z N89°32'16 W N89'32 00 W �n Uj MARK W STANFIELD ETUX D.R.T.C.T. 1 110,00' 57.75' 95.66' N U W 11 ") N - r PROPosED VOL. 13112 PG. 260 ZONED AG N89°32 08 W I 42.25 I o 00 6 O N N N FLOODPLAIN &� ' LUD=LOW DENSITY 160.00' I I �, �' N It u)100 Uj FLOODWAY LINE D.R.T.C.T. L'i N N \ ZONED 11 RESIDENTIAL o I o I ® N ' "o o•1 1,� c 234.70' LUD=100 YEAR all 00 N88'47 59 W o , „ rn o o � N � '� 0 6'� w � ` FLOODPLAIN \ ;� , _ S88 35 54 E r, 1 ,ri I 1 J� N 2 r` 3 0 0 219.61 i� 8 `� 4 9 ►� N c�v a o o `o ao' o N w 234.70' I 10' U E o ' rr) 15'B.L. �"I 55.82 z 0 I o` I N zLij 160.00' z °' o oa 100 YEAR FLOOD 1 S42 35'B.L. 6.45' LO U . Do 7 N o o ,N �? l0 EASEMENT. �w N MARK W STANFIELD ETUX S _ 5 0 z 35'B,L, .- N I VOL. 13551 PG. 61 N89'32'08"W 185.00' 4.2257.47' � � i o; _ �,.-- � �°u ° ' � ,. � aCj , It W SIENA DRIVE C6 -43.55'-79,07'2 0 l �26.48' 22.,13 110.68' 14. 76 _� 8-5g 21 C'VI D.R.T.C.T. N w -g _, 50.00'-70.31'-50.00 97128•_ 4g N6 3-)6 I ZONED AG JOSEPH A. & 15'B.L160.00 z S `�� -e e - - SIENA DRIVE R\9S' ^\9 \ LUD=100 YEAR I\ 1 1 32. 4 C5 L5 C4 -O`er- -e'er o <� S co / \ FLOODPLAIN KIMIELA N 0 o y 81' 22' g L4 o- e--L2 C1 - s p \ MORTAZAVI b 0 5 o <t I [` 4'66' 49.96' 71.58' S4. C3 L3 C2 98,84' L1 `o \ o (o 0 11 ° N VOL. 9316, PG. 1637 N I �, w 16.21' 14' 54.10' 50,00' 79.69' g9' ___- 18.35f 134.64' ° "�' N N \ D.R.T.C.T. Z � N w -- --1.7 ' 6 �r \ ZONED AG I I 1 Z w - --- - j 23 - 2 !�' / / N PROPOSED �\ I N89°32'08"W 1 I w o 3 E +Nn 35 B.L. !� LO %'J I I N88'58'04"W FLOODWAY � M. FARMER o, N - In I VOL. 10711 PG. 450 LUD=LOW DENSITY N N -Co,R.T�C.T. I 160.00' I O N 4 `r' °' 5 -) N 2, LINE RESIDENTIAL ,n i� 6 N� .7 N I 152.20 ti 4 I 10, UE 0 �' N L6 o c° / I (o .I COMMON o �+ 1 ZONED AG 0 0 1 I z 9.00' 0 0 z , J AREA LUD=100 YEAR ' `O I NO. 1 2.86FLOODPLAIN PR `OSED N 4 N 150.25' 136.73' 47.02 182.89' z1 125.0 = 510 8'57'48"E 6 N89 32 08 W I-0.878 ACRES 20' DE \ t' FLOODPLAIN N89°32'08"W N88'25'S8"W 366.63' , ►� - - F o -, LINE 159.25 I N87 45 30 W � --150.01 - 6� - - J \ i N89°32'08"W I I I 148,22' ( 2o'x2o' DE w I N88'58 04 Ww ��9 - U w NORTHEAST 160.00' I w l I 1 0 I o 01132.07' 0 BAPTIST CHURCH o � �, O o w 4 0 �I O N 00 -' I c!� -- 8 ``� (� c i 120 J a v N VOL. 8542, PG. 1857 0 ad o `� Qa? O J. MORTAZAVI c7 N I rn d r` �r1 2 I a D. R. T. C. T. N 3 NoN N I� N J.G. ALLEN N0. 18 ADDITION w I N88'58'04"W oz ZONED AG cD CABINET A, SLIDE 2553 Z LUD=100 YEAR 1--15' DE I o 00 � N 88'58' 04"W I d 210. 00' N cV - z R.P.R.T.C.T. - � w w -�� d- FLOODPLAIN I N89'32 08 W I I - m a •� ZONED SF-1 A J. McCLENDON �j 150.00 I �, ti o �p B. COUCH I 160.00 I I �' LUD=LOW DENSITY VOLUME 5991, n co 4 "� 13 o N N RICKY Vol. 12111, I ( I N89'32'08"W • o oI U 10o AR FLOOD ``mot �t RESIDENTIAL PAGE 612 U r /11 & VERREE PG. 826 0 0 I oo I EASEMENT �03 ROBERT o 0 158.19 D.R. T.C.T. y g U) o N88'58 04 W WOODS ET UX PEARSON D.R.T.C.T. 2 I ZONED AG W r z 1 211.58' LL 3 CABINET A ZONED AG N I� N 0 I LUD=LOW I I v a0 SLIDE 5075 VOL. 1309 5, PG. 74 LUD=LOW DENSITY j N I I I Ln DENSITY D.R.T.C.T. RESIDENTIAL LIN89°32'08"W I RESIDENTIAL N88'58'04"W 0n 10 �E 14 N ^ P.R.T. F- ZONED AG _160.00'- c0 I O 150.00' I v `!N ZONED SF-1 A LUD=LOW N I § 0 O 0 N88'58'04"W` � LUD=100 YEAR DENSITY 20'x2o' DEY _ Z I N o- V) I LOT 8 Z oZ 45.34 N FLOODPLAIN 000 0- I �FN LOT 7 _ M o 212.12 z RESIDENTIAL �� N Q rn� p o APPROXIMATE FEMA Q 1 J uj 1 J I In g I v 10 I w I FLOODPLAIN ZONE AE N,�,1 v N o I r� o -j r7 � 15 r� MAP NO. 4839CO195-H n o_ _o cv o r N o o T U o u� o CZ REVISED AUGUST 2, 1995 c�v o 15'B.L. L5 B.L. ,_ I 15'B.L I as I �15'B.L. N 0 25.00' POINT OF-160.00'- 5 0'=157.13 - I --150.01'� v �- _ - 210.02'= BEGINNING N 89'40'50"W N89'40'50" W-,�4 N89'40'S0" 0.01' N89'40'50"W N89'43'03'W 367.01' UNION CHURCH ROAD N89'49'11 "W �-464.62' - - 00 N co N I (VARIABLE WIDTH R.O.W.) 00 N w I I I 24' EXISTING I I I I I ASHBROOK AT I I / ASPHALT ROADWAY I I I I HIDDEN LAKES I I / 1 1 i I I CABINET A, SLIDE 2431 3 1 2 I 1 I Q I 1 I 2 I 3 1 4 1 5 1. 6 I 7 I 8 1 P. R. T. C. T. 1.. 11 I 12 1 / ZONED SF-8.4 1 I 1 13 i ! o I I I I I I i I LUD=SINGLE FAMILY i JI o I I I I I I I I RESIDENTIAL ----1----1----J m---L----I----J----1----�----L------I--- I---1----i- // LIJ '- / 14 1 FLINT TRAIL o FLINT TRAIL � w --------�----�---j---------r----1----T---.T---I--- T----r----I---_I- FLOODPLAIN LINE TABLE LINE BEARING DISTANCE F1 S22'07'31 "W 9.36' F2 511'1 '06"W 15.46' F3 1 '16'28"W 14.2 ' F4 S '00'49"W 11.59' F5 S10'07'09"E 1.97' F6 S61'04'05"E 22.71' F7 4'35'03"E 23. 4' F8 S00'56'24"W 7 00' F9 S34'1 5' 42"E 33, 7.3' F10 S01'01'26"E 33.97' FLOODPLAIN LINE TABLE LINE BEARING DISTANCE F11 S07'40'43"E 30.48' F12 511'54'00"E 10.43' F13 01'51'01"E 16.66' F14 S10'00'58"W 9.27' F15 S07'07'54"E 17.32' F16 S19'43'49"E 68.46' F17 S17'20'22"E 62.22' F18 S07'00'47"E 62.13' F19 S02'08'17"W 1 15.34' LAND USE SCHEDULE ZONING SF-20A GROSS ACREAGE 28.3637 NET ACREAGE 28,0391 NUMBER OF DWELLING UNITS 45 DENSITY (DU/GROSS ACREAGE) 1.58 AVERAGE RESIDENTIAL LOT SIZE 21,916 SO. FT, AREA OF OPEN SPACE 38,258 SQ. FT, PERCENTAGE OF OPEN SPACE 3% LAND USE DESCRIPTION LOW DENSITY RESIDENTIAL LEGEND DE - DRAINAGE EASEMENT LE - LANDSCAPE EASEMENT UE - UTILITY EASEMENT - STREET NAME CHANCE W ITY LIMITS OF SOUTHLAKE CITY LIMITS OF KELLER E S GRAPHIC SCALE 100 0 50 100 200 ( Iiv FEET ) 1 inch -= 100 ft. 400 J. STATE OF TEXAS COUNTY OF TARRANT WHEREAS, MS. JOYCE OWEN and MR. RICHARD A. REUTLINGER are the owners of a tract of land in the City of Southlake, in the J. Allen Survey, Abstract No. 18, Tarrant County, Texas, and being all of a called 11.0 acre tract described in a deed to Richard A Reutlinger as recorded in Vol. 8226, Pg. 989 of the Deed Records of Tarrant County, Texas, and all of a called 16.9 acre tract as described as three tracts in a deed to Joyce Owen as recorded in Vol. 13526, Pg. 164 of the Deed Records of Tarrant County, Texas, and being more particularly described in one tract as follows: BEGINNING at the southwest corner of the said called 11.0 acre tract in the north line of Union Church Road, a variable width R.O.W,, said point being the southeast corner of a tract of land described in a deed to Bobbie Couch as recorded in Vol. 12111, Pg. 826 of the Tarrant County Deed Records; THENCE along the west line of the said 11.0 acre tract, North 00'27'52" East, a distance of 1347.79 feet to the northwest corner thereof, same being the northeast corner of the said Crouch tract, said point also being in the south line of a tract of land described in a deed to E.I. Wiesrnan as recorded in Vol. 4243, Pg. 183 of , the Deed Records of Tarrant County, Texas; THENCE along the north line of the said called 11.0 acre tract and along the south line of the said E.I. Wiesman tract, South 88'33'38" East, a distance of 373.79 feet to the northeast corner of the said 11.0 acre tract, some being the northwest corner of the said called 16.9 acre tract; THENCE along the north line of the said called 16.9 acre tract, South 88'53'10" East, a distance of 362.43 feet to the northwest corner of Tiffany Acres, an addition to the City of Southlake as recorded in Vol. 388-121, Pg. 33, of the Plat Records of Tarrant County, Texas; THENCE along an east line of the said called 16.9 acre tract and along the west line of said Tiffany Acres, South 00'37'33" West, a distance of 440.24 feet to the southwest corner of said Tiffany Acres; THENCE along the south line of said Tiffany Acres, South 88'47'57" East, a distance of 317.23 feet to the northwest corner of a 2.0 acre tract described in a deed to Mark W. Stanfield etux as recorded in Vol. 13112, Pg. 260 of the Deed Records of Tarrant County,. Texas; THENCE along the west line of the said 2.0 acre tract, South 02'38'17" West, a distance of 125.21 feet to the southwest corner thereof; THENCE along the south line of the said 2.0 acre tract, South 88'35'54" East, a distance of 234.70 feet to the northwest corner of a 3.87 acre tract described in a deed to Mark W. Stanfield etux as recorded in Volume 13551, Page 61 of the Deed Records of Tarrant County, Texas; THENCE along the west line of the said 3.87 acre tract, South 11'32'22" West, a distance of 328.21 feet to the southwest corner thereof; THENCE along a south line of the said 3.87 acre tract, South 88'57'48" East, a distance of 132.86 feet to the northwest corner of the Northeast Baptist Church tract as recorded in Vol. 8542, Pg. 1857 of the Deed Records of Tarrant County, said point being in the east line of the said 16.9 Acre tract; THENCE along the east line of the said 16.9 acre tract, South 01'2728" West, a distance of 436.42 feet to the southeast corner thereof, in the north line of said Union Church Road; THENCE North 89'49'11" West, a distance of 464.62 feet along the south line of the said 16.9 acre and the north line of said Union Church Road to the southeast corner of a 1.50 acre tract of land described in a deed to J. McClendon as recorded in Volume 5991, Page 612 of the Deed Records of Tarrant County, Texas; THENCE along the east line of said 1.50 acre tract, North 01'01'56" East, a distance of 435,43 feet to the northeast corner thereof; THENCE along the north line of said 1.50 acre tract, North 87'45'30" West, a distance of 148.22 feet to the northwest corner thereof, same being the northeast corner of Lot 8 of the J.G. Allen No. 18 Addition to the City of Southlake as recorded in Cab. A, Slide 2553 of the Plat Records of Tarrant County, Texas; THENCE along the north line of said Lot 8 and Lot 7 of said J.G. Allen No. 18 Addition, North 88°25'58" West, a distance of 366.63 feet to the northwest corner thereof; THENCE along the west line of said Lot 7, South 00'45'08" West, a distance of 447.86 feet to the north line of Union Church Road; THENCE along the north line of said Union Church Road, North 89'43'03" West, a distance of 367.01 feet to the POINT OF BEGINNING and containing 28.3637 acres of land. NOTES: 1. 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 ALSO BE SUBJECT TO MINIMUM FINISH FLOOR CRITERIA. 2. THE OWNERS OF ALL CORNER LOTS SHALL MAINTAIN SIGHT TRIANGLES IN ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. 3. ALL IRON RODS SET ARE 5/8" IRON RODS WITH A RED PLASTIC CAP STAMPED "PBS&J". 4. EROSION CONTROL SHALL BE MAINTAINED BY THE DEVELOPER UNTIL ALL LOTS ALONG THE FLOODWAY HAVE BEEN DEVELOPED. 5. ALL COMMON GREEN AREAS ARE TO BE PRIVATE COMMON AREAS DEDICATED TO AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION, 6. MIN. F.F. = MINIMUM FINISH FLOOR. 7. THERE ARE NO EXISTING STRUCTURES ON THE PROPERTY. s G SOUTHLAKE z BLVD N W KELLER PKWY SOUTHLAKE BLVD SITE -� Q G�J� UNION CHURCH RD VICINITY MAP NOT TO SCALE 0WNER: MS. JOYCE 0WEN .800 SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76692 LINE TABLE LINE BEARING DISTANCE L1 N81'16'17"W 156.49' L2 S80'49'25"W 50.00' L3 N88'26'01 "W 50.00' L4 N80'54'23"W 54.14' L5 N89'32'08"W 50.00' L6 N68'56'35"W 54,22' L7 S01'06'50"W 99.60' L8 S02'37'10"W 115.12' L9 S11 °45'43"E 50.00' L10 S09'05'37"W 65.51' L11 S59'32'08"E 50.00' L12 S28'53'10"E 50.00' L13 N30'27'52"E 50.00' L14 N60'27'52"E 50.00' L15 S36'50'40"E 50.00' L16 S43*23'41 "E 50.00' L17 S65'15'48"E 35.00' L18 N32'59'51"E 45.00' L19 571'10'50"E 81, 84' L20 N01'01'56"E 75.00' L21 N01'01'56"E 17.41' 0 WNERr MR. RICHARD A. REUTLINCER 2500 SHELBY COURT MUSKOGEE, OKLAHOMA 74403 CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD_ C1 17*54'18" 400.00' 125.00' S89'46'34"W 124.49' C2 10*44'35" 400.00' 75,00' N86'11' 2 " E 74.89' C3 7'31'39" 400.00' 52,55' S84°40'11"E 52.51' C4 8'37'45" 500.00' 75.30' N85'1S15"W 75,23' C5 20'3533" 200.00' 71.88' S7914'22"E 71.49' C6 20°3533" 200.00' 71.88' N79*14'21"W 71.50' C7 1'31'14" 799.99' 21,23' N01'52'27"E 21.23' C8 14*22'53" 450.00' 112,95' SO4°34'17ifE 112.65' C9 20°51'21" 200.00' 72.80' N01°20'03"W 72.40' C10 8'11'10" 580.00' 82,87' 03'03'39"E 82,80' C11 3*07'16" 580.00' 31.60' S08'42'52"E 31.59' C12 4*08'18" 966.16' 69.78' N08'12'21"W 69,77' C13 5'48'49" 966.20' 98.04' NO3'13'48"W 97.99' C14 6'00'03" 789.99' 82,74' S01'58' 5"E 82.70' C15 5*18'24" 789.99 73,17' S07'37'18"E 73,14' C16 2'07'56' 756.20' 28.14' N09'12'32"W 28.14' C17 7'38'28" 756,20' 100.85' N04'19'20"W 100,77' C18 1'49'25" 756.20' 24.07' N00'24' 7"E 24.07' PRELIMINA Y PLA T SEENA 43 LOTS DEVELOPED AT SF--20A STANDARDS BEING 28.3637 A)CRES IN THE J. ALLEN SURVEY, ABSTRACT NO. 18 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS APPLICANT. PLANN9R-RNC1NfflXR-•SURV2Y0Aq PARAMOUNT LAND DEVELOPMENT PDS&J 13800 MONTFORT, SUITE 100 6999 SUM MERSIDE DRIVE, SUITE 202 DALLAS, TEXAS 75240 DALLAS, TEXAS 75252 PHONE. (972) 490-3265 (979) 380-2606 FAX. (972) 99 it -4949 CONTACT. • DAVID HOWELL CONTACT. CHRIS BLRVINS AUGUST 27, 2001 SCALE., 1* - 100' PBS&J# 62018 1. 00 SHEET I OF i ZONING CASE NO, ZAO 1-104 Tract 1 W.E. Mayfield's Subdivision Volume 388-C, Page 4 P.R.T.C.T. SET 5/8 INCH CAPPED IRON ROD ("BHB INC") S70 0yi,? 3 12►IP Lot 3-R-1, Block 1 Georgetown Park Cabinet A, Slide 4476 P.R.T.C.T. o~ o J a En Lot 4R-1, Block 1 N 12.37' , 85,729 Square feet � N o N89'58 22'W to wn 0 r- Z 3 00 O 0 O 0 0 M o o > o O N z w w co Lot 3-R-2, Block 1 ao -_ Georgetown Park o z Cabinet A, Slide 4476 z P.R.T.C.T. R=29.00' L=58.69' R=55.00' 77.51' N89'58'22"W \ L=24.90' - COMMON ACCESS, DRAINAGE 10.00' & UTILITY EASEMENT 0 N89'58'22"W to CABINET A. SLIDE 4216CD it ,,, P.R.T.C.T. `14 Lot 2, Block 1 Georgetown Park Cabinet A, Slide 4216 P.R.T.C.T. R=29.00' SET + S L=45.54' 87.00' 43.58' w •• Feel M (6 � )27.371 0 35.02' S89'58'22"E n o N89'58'22"W 43.58' Curve-1 10.00' S00'01'38"W WI S64004'55"W (3 77.43' Curve-2 00 co O co 0 0� o V' Z 0.00 Owner/Developer: SET 5/8 INCH Park Monticello Ltd. CAPPED IRON ROD ("BHB INC") I I I I South Main Street, Suite 200 Grapevine, Texas 76051 (817)488-4200 Land Surveyor: o e Baird, Hampton & Brown, Inc. 0 Engineering 8c Surveying 309 W. 7th St., Ste. 500 R. Worth, TX 76102 Tel:(817)338-1277 Fox:(817)338-9245 E-Mail:maifthbinc.com 284.55' Lot 1, Block 1 Gateway Plaza Phase II Cabinet A, Slide 6095 P.R.T.C.T. S70o477 Radius = 29.00' Arc Len. = 13.13' Delta Angle = 25°56128" Chord Len. = 13.02' Chord Brg. = S77°03124"W SOT rr � V ALA k�B i1�70 0, Ot Jj L R. p_ �- B w) 1 709 9 08 Lq N 10.60' 0.5 00 s V)r) 0 �� S�� ,- O8 • N o03 4�'/2., oo N, F Z o P, s, of \p 2gN \ •R.T 0 T 4216 M 49, V7 N 80'20'35 "w R=200 0 . M 79 72� L_3336,0 N 20.00' o \ \ 10.08, N �\o&MT/qc DT 4q;0N�G,2\R=29.00' CI& t//fS R=30.00' L=35L=55.48' RSC/6�c. T\opMt �29.00' FN/ L=55.26' 123 p N e�IGD/N� E 26.00' 0 to co Iq ui 0 R-30.00' N co L=37.08' 0 12.37' Z 00 S89'58'22"E � 16 co � ao w QWM N O O coo w oo N 3 r) 0 0 0 N 26.00' to- 2601 R=29.00' L=43.46' c0 Radius = 29.00' Arc Len. = 13.12' Delta Angle = 25°55125" Chord Len. = 13.01' Chord Brg. = S77°02137"W PROPERTY CORNER LIES INSIDE TELEPHONE RISER 00 M r - O O I O R=29.00, O L=45.23' I00 N 0 CD 0 R=30.00' L=47.1� R=29.00' \ L=45.23' 75.19' N89'58'22"W 4-)LO � rn O 00 N C a H 0 t v N(F-: T� D: w a� 0 > 0 N N89058'22"W I I 0 N_ O �} � V) o VS M 10' EASEMENT & R.O.W. �0S% TO GTE SOUTHWEST, INC. M g2�rjl. M VOL. 13896, PG. 317 D.R.T.C.T. N 0 Lot 4R-2, Block 1 V) 24,067 Square feet w o i� 00 ►_� o N 0 O - z 10' U.E. CAB. A, SLIDE 4216, P.R.T.C.T. 45.00' Emily Shanklin Volume 9836, Page 1958 D.R.T.C.T. Impervious Coverage Caculations (Existing & Proposed) Lot 4R-1 Lot 4R-2 Buildings: 14% Buildings: 32% Paving: 52% Paving: 16% Sidewalks: 4% Sidewalks: 7% TOTAL: 70% TOTAL: 55% N89058'22"W SET 5/8 INCH CAPPED IRON ROD ("BHB INC") 0 30 60 90 120 GRAPHIC SCALE IN FEET 1"-30' STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Park Monticello, Ltd., and Sterling Properties Joint Ventures hereinafter called "Owners" are the owners of that certain parcel of land situated in or within the extraterritorial jurisdiction of the City of Southlake, Tarrant and Denton Counties, Texas, being more particularly described hereon for all purposes: NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Owner does hereby waive, release, quitclaim, and forever hold harmless the City of Southlake, Texas a municipal corporation, hereinafter called "City", from any and all claims for damage of any kind that Owner may now have or may hereinafter have in the future by reason of the passage of all aircraft ("aircraft" being defined for the purpose of this instrument as any contrivance now 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 noises, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at or taking off from, or operating at or on the Dallas/Fort Worth International Airport; and Owners do hereby fully having remiss, and release any right of cause of action which it may now have or which it may in the future have against the City, whether such claim be for injury to person or damage to property due to noises, vibration, fumes, dust, fuel and lubricant particles, and all the other effects that may be caused or may have been 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. It is agreed that this release shall be binding upon the Owner, their heirs and assigns, and successors in interest with regard to said property located in or in the extraterritorial jurisdiction of the City of Southlake, Tarrant County, running with the land, and shall be recorded in the Deed Records of Tarrant County or Denton County, as appropriate, Texas. Executed this day of , 2001. Park Monticello, Ltd. Notes: Sterling Properties Joint Venture APPROVED BY THE PLANNING AND ZONING COMMISSION Date: Chairman: Planning & Zoning Secretary: APPROVED BY THE CITY COUNCIL Date: Mayor: City Secretary: 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 basis of bearings for this plat is the plat of Lot 4, Block 1, Georgetown Park as recorded in Cabinet A, Slide 4216 of the Deed Records of Tarrant County, Texas. 3. D.R.T.C.T. = Deed Records of Tarrant County, Texas 4. P.R.T.C.T. = Plat Records of Tarrant County, Texas 5. All property corners are set 5/8 inch capped iron rods ("BHB INC") unless noted otherwise. 6. The dimensions shown for existing easements shown on this plat are for informational purposes only. Refer to the easement's original, dedicating instrument for their exact location. 7. Title encumbrance research was based on information contained in a commitment for title insurance prepared by Lawyers Title Insurance Corporation, GF No. 118576, issued May 30, 2000 and effective May 15, 2000. Surveyor's Certification This is to certify that I, Jon P. Hoebelheinrich, a Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, 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. E'° F 're Jon P. Hoebelheinrich ...:...............:... JON P. HOEBELHEINRICH Registered Professional •""""""""'•"' :A 5478 Land Surveyor No. 5478 �y° .ESS10. yob' SURVE Date: STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, Park Monticello, Ltd., and Sterling Properties Joint Venture acting by and through the undersigned, their duly authorized agents, are the owners of a tract of land situated in the T. Easter Survey, Abstract No. 474, County of Tarrant, according to the deeds recorded in Volume 13173, Page 480 and Volume ______, Page ----- of the Deed Records of Tarrant County, Texas, and more particularly described as follows: Being all of Lot 4, Georgetown Park according to the plat recorded in Cabinet A, Slide 4216 of the Plat Records of Tarrant County, Texas. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Park Monticello, Ltd., and Sterling Properties Joint Venture by and through the undersigned, their duly authorized agents, do hereby adopt this plat designating the hereinabove described property as Lot 4R-1 and Lot 4R-2, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, and we do hereby dedicate the rights of way and easements shown thereon to the public's use unless otherwise noted. This plat does not alter or remove existing deed restrictions or covenants, if any, on this property. WITNESS my hand at Southlake, Tarrant County, Texas this the ___ day of ___________, 2001. Authorized agent for Sterling Properties Joint Venture Park Monticello, Ltd. Reza Mirzadeh, Managing Partner STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared _________________, of Park Monticello, Ltd., a corporation 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 corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ___ day of __________, 2001 --------------------------------- --- Notary Public Commission expires STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Reza Mirzadeh, of Sterling Properties Joint Venture, a corporation 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 corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ___ day of __________ 2001 ------------------------ Notary Public Commission expires STATE OF TEXAS § COUNTY OF TARRANT § Whereas, Local Oklahoma Bank, N.A., acting by and through the undersigned, its duly authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. Authorized Agent for Local Oklahoma Bank, N.A. STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ------------ of Local Oklahoma Bank, N.A., a corporation 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 corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ___ day of __________, 2001 --------------------- ----------------- Notary Public Commission expires a SITE m Qo G VICINITY MAP - NOT TO SCALE Plat Revision Lot 4R-1 & Lot 4R-2 Georgetown Park An addition to the City of Southlake, Tarrant County, Texas 2.520 Acres in the T. Easter Survey, Abstract No. 474 Being a plat revision of Lot 4, Georgetown Park according to the plat recorded in Cabinet A, Slide 4216 of the Plat Records of Tarrant County, Texas - November 2001 City of Southlake Case #: ZA 01-095 This plat filed in Cabinet A, Slide , Date: STATE OF TEXAS § Tract 1 W.E. Mayfield's Subdivision Volume 388—C, Page 4 P.R.T.C.T. Lot 1, Block 1 Gateway Plaza Phase II Cabinet A, Slide 6095 P.R.T.C'.T. O M rr ^ LAST so Lot 3—R-1, Block 1 Georgetown Park Cabinet A, Slide 4476 P.R.T.C.T. Lot 3—R-2, Block 1 Georgetown Park Cabinet A, Slide 4476 P.R.T.C.T. Cn 3 CV I 3 CK w 0D d 00 M. o Lot 2, Block 1 .� Georgetown Park Cabinet A, Slide 4216 35.02' o P.R.T.C.T. CL o Owner/Developer: SET 5/8 INCH i CAPPED IRON ROD o Park Monticello Ltd. ("BHB INC") 111 I South Main Street, Suite 200 Grapevine, Texas 76051 Z (817)488-4200 w Land Surveyor: LA -a o e Baird, Hampton & Brown, Inc. Z a 0 Engineering 8c Surveying 3 309 W. 7th St., Ste. 500 R. Worth,,TX 76102 Tel:(817)3M-1277 Fox(817)338-9245 E—Mal:moilObhbinc.com Q o- 0 S70�4� Curve - 1 Radius = 29.00' Arc Len. = 13.13' Delta Angle = 25056128" Chord Len. = 13.02' Chord Brg. = S77003'24"W S7pa47, R 0. W) WAI 1 ^p9) Emily Shanklin Volume 9836, Page 1958 D.R.T.C.T. Impervious Coverage Caculations (Existing & Proposed) Lot 4R-I Lot 4R-2 Buildings: I S°io Buildings: 28% Paving: 54% Paving: 14% Sidewalks: 4% Sidewalks: 6% TOTAL: 73% TOTAL: 48% Radius — 29.00' Arc Len. = 13.12' Delta Angle = 25o55'25" Chord Len. = 13.01' Chord Brg. — S77a02'37"W PROPERTY CORNER LIES EPHONE RISER Radius = 50.00' Arc Len.= 65.02' Delta Angle = 74°30'25" Chord Len. = 60.53' Chord Brg. = S52°46'26"W N89058'22"W SET 5/8 INCH CAPPED IRON ROD ("BHB INC") GRAPHIC SCALE IN FEET 1 " = 30' 120 STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Park Monticello, Ltd., and Sterling Properties Joint Ventures hereinafter called "Owners" are the owners of that certain parcel of land situated in or within the extraterritorial jurisdiction of the City of Southlake, Tarrant and Denton Counties, Texas, being more particularly described hereon for all purposes: NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Owner does hereby waive, release, quitclaim, and forever hold harmless the City of Southlake, Texas a municipal corporation, hereinafter called "City", from any and all claims for damage of any kind that Owner may now have or may hereinafter have in the future by reason of the passage of all aircraft ("aircraft" being defined for the purpose of this instrument as any contrivance now 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 noises, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at or taking off from, or operating at or on the Dallas/Fort Worth International Airport; and Owners do hereby fully having remiss, and release any right of cause of action which it may now have or which it may in the future have against the City, whether such claim be for injury to person or damage to property due to noises, vibration, fumes, dust, fuel and lubricant particles, and all the other effects that may be caused or may have been 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. It is agreed that this release shall be binding upon the Owner, their heirs and assigns, and successors in interest with regard to said property located in or in the extratemtonal jurisdiction of the City of Southlake, Tarrant County, running with the land, and shall be recorded in the Deed Records of Tarrant County or Denton County, as appropriate, Texas. Executed this __ day of , 2001 Park Monticello, Ltd. Notes: Sterling Properties Joint Venture APPROVED BY THE PLANNING AND ZONING COMMISSION Date: ---- --- -- — --- --- — --— Chairman: —_ Planning & Zoning Secretary: APPROVED BY THE CITY COUNCIL Date: — — -- -- - Mayor: - -- - City Secretary: ---- 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 basis of bearings for this plat is the plat of Lot 4, Block 1, Georgetown Park as recorded in Cabinet A, Slide 4216 of the Deed Records of Tarrant County, Texas. 3. D.R.T.C.T. = Deed Records of Tarrant County, Texas , 4. P.R.T.C.T. = Plat Records of Tarrant County, Texas 5. All property corners are set 5/8 inch capped iron rods ("BHB INC") unless noted otherwise. 6. The dimensions shown for existing easements shown on this plat are for informational purposes only. Refer to the easement's original, dedicating instrument for their exact location. 7. Title encumbrance research was based on information contained in a commitment for title insurance prepared by Lawyers Title Insurance Corporation, GF No. l 18576, issued May 30, 2000 and effective May 15, 2000. Surveyor's Certification This is to certify that I, Jon P. Hoebelheinrich, a Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, 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. Jon P. Hoebelheinrich Registered Professional Land Surveyor No. 5478 Date: O F TV Fe ..•.................•.. ,ION P. HOEBELHEINRICH .0 5478 ��•SUR�E� COUNTY OF TARRANT § WHEREAS, Park Monticello, Ltd., and Sterling Properties Joint Venture acting by and through the undersigned, their duly authorized agents, are the owners of a tract of land situated in the T. Easter Survey, Abstract No. 474, County of Tarrant, according to the deeds recorded in Volume 13173, Page 480 and Volume ------, Page ----- of the Deed Records of Tarrant County, Texas, and more particularly described as follows: Being all of Lot 4, Georgetown Park according to the plat recorded in Cabinet A, Slide 4216 of the Plat Records of Tarrant County, Texas. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Park Monticello, Ltd., and Sterling Properties Joint V enture by and through the undersigned, their duly authorized agents, do hereby adopt this plat designating the hereinabove described property as Lot 4R-1 and Lot 4R-2, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, and we do hereby dedicate the rights of way and easements shown thereon to the public's use unless otherwise noted. This plat does not alter or remove existing deed restrictions or covenants, if any, on this property. W ITNE SS my hand at Southlake, Tarrant County, Texas this the _-- day of -----------, 2001 -------------------------- Authorized agent for Sterling Properties Joint Venture Park Monticello, Ltd. Reza M irzadeh, M anaging Partner STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ---- -------------- of Park Monticello, Ltd., a corporation 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 corporation. GIVEN UNDER MY H AND AND SEAL OF OFFICE on this the --- day of ---------- , 2001 . ----------------� _________ ___ Notary Public Commission expires STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Reza Mirzadeh, of Sterling Properties Joint Venture, a corporation 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 corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the --- day of----------, 2001 ----------------- ------- 7----- 7------- Notary Public Commission expires STATE OF TEXAS § COUNTY OF TARRANT § Whereas, Local Oklahoma Bank, N.A.• acting by and through the undersigned, its duly authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. ----------------------- Authorized Agent for Local Oklahoma Bank, N.A. STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ------------------- of Local Oklahoma Bank, N.A., a corporation 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 corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the --- day of ........... 2001- ----------------- -------------------- Notary Public Commission expires ";;,09 Q SITE m o° G� VICINITY MAP - NOT TO SCALE Plat Revision Lot 4R-1 & Lot 4R-2 Georgetown Park An addition to the City of Southlake, Tarrant County, Texas 2.520 Acres in the T. Easter Survey, Abstract No. 474 Being a plat revision of Lot 4, Georgetown Park according to the plat recorded in Cabinet A, Slide 4216 of the Plat Records of Tarrant County, Texas - October 2001 City of Southlake Case #: ZA 0 1 -095 This plat filed in Cabinet , Slide , Date: r--777 C - 222001 STATE OF TEXAS § COUNTY OF TARRANT § r E.CONTINENTAL BOULEVARD (Variable width R.O.W. - Cabinet A, Slide 2495, P.R.T.C.T.) Lot 53, Block 2 Monticello Phase I Cabinet A, Slide 862 P.R.T.C.T. 2 v/ Lot 7, Block Monticello Phase I l� Cabinet A. Slide 862 P.R.T.C.T. O —, O. �r� 4 �v PIT — cp N 4) 00 Vl d oaf~14 V) U � � m o 3 ^; c 4 v o .0 rr�� "1 11 I FOUND 5/8 INCH CAPPED IRON ROD (CARTER & BURGESS) 3 � I a ., J I w 7 FOUND 5/8 INCH CAPPED IRON ROD (CARTER & BURGESS) J Curve-1 Curve-2 Curve-3 = Radius = 30.00' Radius = 66.06' Radius = 30.00' n Arc Length = 8.44' Arc Length = 50.30' Arc Length = 38.25' Delta Angle = 16°06'38" Delta Angle = 43°37'25" Delta Angle = 73°03' 16" N Chord Bearing = S82°48'38"W Chord Bearing = S39°29'23"E Chord Bearing = N38° I T41 "E 07 Chord Length = 8.41' Chord Length = 49.09' Chord Length = 35.71' 0 J oOwner/Developer: 1-11 tChapel Monticello Partners, Ltd. 0 I I tl South Main Street, Suite 200 Grapevine, Texas 76051 (817)488-4200 i w Land Surveyor: o Baird, Hampton & Brown, Inc. 0 Z a 0 e Engineering Bc Surveying Q 309 W. 7th St., Ste. 500 Ft. Worth, TX 76102 Tel:(817)338-1277 Fox:(817)338-9245 E-Mail:mailObhbinc.corn Of 0 City of Southlake Volume 10676. Page 1755 D.R.T.C.T. Hiram Granberry Survey A-581 Hall Medlin Survey A-1038 54.7' FOUND 5/8 INCH CAPPED IRON ROD (CARTER & BURGESS) TIMARRON PHASE ONE, SECTION TWO BENT CREEK CABINET A, SLIDE 1015 P.R.T.C.T. APPROVED BY THE PLANNING AND ZONING COMMISSION Date: - Chairman: Planning & Zoning Secretary: APPROVED BY THE CITY COUNCIL Date: iMivor- City Secretary: Lot 1, Block 1 Adams Addition Cabinet A, Slide 1710 P.R.T.C.T. — 25' Radius = 774.50' Arc Length = 158.42' Radius = 825.50' Delta Angle = 11'43'11" Arc Length = 139.80' Chord Bearing = S78°46'00"E Delta Angle = 09'42' I 1 " Chord Length = 158.15' Chord Bearing = S77°45'30"E Chord Length = 139.63' 1 12.5' 30' DRAINAGE & UTILITY ESMT CAB. A, SLIDE 2495 / P.R.T.C.T. FOUND 5/8 INCH CAPPED IRON ROD ('CARTER & BURGESS") OJO \ '101STQ�� 5' UTILITY EASEMENT CAB. A, SLIDE 1015 P.R.T.C.T. TIMARRON PHASE ONE, SECTION TWO BENT CREEK COMMON GREEN 3 CABINET A, SLIDE 1015 P.R.T.C.T. _ FOUND 5/8 INCH & ( CAPPED IRON ROD 'e ("CARTER & BURGESS") 31.47' FROMS PROPERTY CORNER4 V82 °28'O1 "W �FOUND 1/2 INCH PED IRON ROD ("HN 1849") BEARS N01'40'27"W 0.23' FROM PROPERTY CORNER 2 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 basis of bearings for this plat is the plat of Lot 2, Hall Medlin No. 1038 Addition according to the plat recorded in Cabinet A, Slide 2495 of the Deed Records of Tarrant County, Texas. 3. D.R.T.C.T. = Deed Records of Tarrant County, Texas 4. P.R.T.C.T. = Plat Records of Tarrant County, Texas 5. All property corners are set 5/8 inch capped iron rods ("BHB INC") unless noted otherwise. 6. 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 also be subject to minimum finish floor criteria. 7. The dimensions shown for existing easements shown on this plat are for informational purposes only. Refer to the easement's original, dedicating instrument for their exact location. L Impervious Coverage Caculations: Lot 2R-1 (Existing) Lot 2R-2 (Existing) Buildings: 17% Buildings: 15% Paving: 27% Paving: 41% Sidewalks:12% Sidewalks: 4% TOTAL: 56% TOTAL: 60% Impervious Coverage Caculations: Lot 2R-3 (Existing) Lot 211-4 (Existing) Buildings: 17% Buildings: 16% Paving: 43% Paving: 35% Sidewalks: 5% Sidewalks: 2% TOTAL: 65% TOTAL: 53% Impervious Coverage Caculations: Lot 2R-5 (Existing) Buildings: 14% Paving: 11 % Sidewalks: 6% TOTAL: 31 % W HERE AS, Chapel M onticello Partners, Ltd., acting by and through the undersigned, its duly authorized agent, is the sole owner of a tract of land situated in the H all M edlin Survey, Abstract N o. 1038, C ounty of T arrant, according to the deed recorded in V olum e 130 15, Page 479 of the Deed Records of Tarrant County, Texas, and more particularly described as follows: B eing all of L of 2, H all M edlin N o. 1038 Addition according to the plat recorded in Cabinet A, Slide 2495 of the Plat Records of Tarrant County, Texas. NOW , THEREFORE, KNOW ALL MEN BY THESE PRESENTS: TH AT, Chapel M onticello Partners, Ltd., by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described property as Lots 2R-1, 2R-2, 2R-3, 2R-4, and 2R-5, Hall M edlin No. 1038 Addition, an addition to the City of Southlake, Tarrant County, Texas, and I do hereby dedicate the rights of way and easements shown thereon to the public's use unless otherwise noted. This plat does not alter or remove existing deed restrictions or covenants, if any, on this property W IT N E S S my hand at Southlake, Tarrant County, Texas this the _-_ day of - - - - - - - - - - -, 200 1 ------------------------------ ----------------- Authorized agent for Printed Name & Position Chapel M onticello Partners, Ltd. STATE OF TEXAS § COUNTY OFTARRANT § BEFORE M E, the undersigned authority, on this day personally appeared _ ___ _____— of Chapel Monticello Partners, Ltd., a corporation 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 corporation. GIVEN UNDER M Y H AND AND SEAL OF OFFICE on this the day of --_-----__, 2001 — — — — — — — — — — — — — — — ------------------------ Notary Public Commission expires STATE OF § COUNTY OF § Whereas, Local Oklahoma Bank, N.A., acting by and through the undersigned, its duly authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. ----------------------- Authorized Agent for Local Oklahoma Bank, N.A. STATE OF § COUNTY OF _ § BEFORE M E, the undersigned authority, on this day personally appeared ofLocal Oklahoma Bank, N.A., a corporation known to me to be the person whose name is N 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 corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ___ day of —__---__--, 2001. 40 80 120 160 GRAPHIC SCALE IN FEET DRAWING SCALE: 1 " = 40' Ca m W Q v CONTINENTAL BLVD. ■ SITE 3 / VICINITY MAP (N.T.S.) Surveyor's Certification ______________ ----- ------------------- Notary Public Commission expires Whereas, Local Oklahoma Bank, N.A., acting by and through the undersigned, its duly authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. ----------------------- Authorized Agent for Local Oklahoma Bank, N.A. STATE OF § COUNTY OF § BEFORE M E, the undersigned authority, on this day personally appeared _____-- of Legacy Bank, a corporation 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 corporation. GIVEN UNDER M Y HAND AND SEAL OF OFFICE on this the ___ day of ____—_____, 2001. ---------------------- ------------------- -Notary Public Commission expires This is to certify that I, Daniel H. Joslin, a Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, 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. Daniel H. Joslin Registered Professional Land Surveyor No. 4749 Date: Plat Revision Lots 2R-15 2R-21 2R-31 2R-4 and 2R-5 Hall Medlin No. 1038 Addition An addition to the City of Southlake, Tarrant County, Texas 4.855 Acres in the Hall Medlin Survey, Abstract No. 1038 Being a plat revision of Lot 2, Hall Medlin No. 1038 Addition according to the plat recorded in Cabinet A, Slide 2495 of the Deed Records of Tarrant County, Texas October 2001 City Case #ZA01-096 This plat filed in Cabinet A, Slide , Date k 3 7 a z J 0 w J J Q _ I N u7 0 J i co 0 i 0 0 i 0 i w w J c� z Q E.CONTINENTAL BOULEVARD (Variable width R.O.W. - Cabinet A, Slide 2495, P.R.T.C.T.) Lot 53, Block 2 Monticello Phase I Cabinet A, Slide 862 P.R.T.C.T. Lot 7, Block 2 Monticello Phase I Cabinet A, Slide 862 P.R.T.C.T. FOUND 5 CAPPED IF (CARTER & 4 Curve - I Curve-2 Curve-3 Radius = 30.00' Radius = 66.06' Radius = 30.00' Arc Length = 8.44' Arc Length = 50.30' Arc Length = 39.25' Delta Angle = 16°06'38" Delta Angle = 43°37'25" Delta Angle = 73'03'16" Chord Bearing = S82°48'38"W Chord Bearing = S39°29'23"E Chord Bearing = N38" 13'41 "E Chord Length = 8.41' Chord Length = 49.09' Chord Length = 35.71' Owner/Developer: Chapel Monticello Partners, Ltd. I I I I South Main Street, Suite 200 Grapevine, Texas 76051 (817)488-4200 Land Surveyor: o e Baird, Hampton & Brown, Inc. 0 Engineering & Surveying 309 W. 7th St., Ste. 500 Ft. Worth, TX 76102 Tel:(817)338-1277 Faz:(817)338-9245 E-1611oitmail0bhbinc.com City of Southlake Volume 10676, Page 1755 D.R.T.C.T. Hiram Granberry Survey A-581 Hall Medlin Survey A-1038 TIMARRON PHASE ONE, SECTION TWO BENT CREEK CABINET A, SLIDE 1015 P.R.T.C.T. APPROVED BY THE PLANNING AND ZONING COMMISSION Date: Chairman: Planning & Zoning Secretary: APPROVED BY THE CITY COUNCIL Date: Mayor: City Secretary: — 25' Radius = 774.50' Arc = 158.42' Delta Angle = 1 " Gh Bearing = S78°46 Chord 58.15' Lot 1, Block 1 Adams Addition Cabinet A, Slide 1710 P.R.T.C.T. Radius = 825.50' Arc Length = 139.80' Delta Angle = 09'42' 11 " ing = S77°45'30"E Chord Le - 39.63' 1 12.5' tt 130' DRAINAGE & UTILITY ESMT CAB. A, SLIDE 2495 T. f-0 8 INCH CAPPED I (-C�WER & BURGESS") \ 1o. — \ �SF \ �FtiT 5' UTILITY EASEMENT CAB. A, SLIDE 1015 P.R.T.C.T. TIMARRON PHASE ONE, SECTION TWO BENT CREEK COMMON GREEN 3 CABINET A, SLIDE 1015 P.R.T.C.T. J FOUND 5/8 INCH CAPPED IRON ROD ('CARTER & BURGESS-) BEARS N09'23'49"IN 0.14' FROM PROPERTY CORNER 8228'01 "W �OUND 1 /2 INCH CAPPED IRON ROD ("HN1849") BEARS N01'40'27"W 0.23' FROM PROPERTY CORNER 2 - 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 basis of bearings for this plat is the plat of Lot 2, Hall, Medlin No. 1038 Addition according to the plat recorded in Cabinet A, Slide 2495 of the Deed Records of Tarrant County, Texas. 3. D.R.T.C.T. = Deed Records of Tarrant County, Texas 4. P.R.T.C.T. = Plat Records of Tarrant County, Texas 5. All property corners are set 5/8 inch capped iron rods ("BHB INC") unless noted otherwise. 6. 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 also be subject to minimum finish floor criteria. 7. The dimensions shown for existing easements shown on this plat are for informational purposes only. Refer to the easement's original, dedicating instrument for their exact location. Impervious Coverage Caculations: Lot 2R-I (Existing) Lot 2R-2 (Existing) Buildings: 17% Buildings: 15% Paving: 27% Paving: 41 % Sidewalks:12% Sidewalks: 4% TOTAL: 56% TOTAL: 60% Impervious Coverage Caculations: Lot 2R-3 (Existing) Lot 2R-4 (Existing) Buildings: 17% Buildings: 16% Paving: 43% Paving: 35% Sidewalks: 5% Sidewalks: 2% TOTAL: 65% TOTAL: 53% Impervious Coverage Caculations: Lot 2R-5 (Existing) Buildings: 14% Paving: 11 % Sidewalks: 6% TOTAL: 31 % 0 40 80 120 GRAPHIC SCALE IN FEET DRAWING SCALE: 1 " = 40' ,J m J W a Q U CONTINENTAL BLVD. W M SITE 3 / VICINITY MAP (N.T.S.) Surveyor's Certification STATE OF TEXAS § COUNTY OFTARRANT § WHEREAS, Chapel Monticello Partners, Ltd., acting by and through the undersigned, its duly authorized agent, is the sole owner of a tract of land situated in the Hall Medlin Survey, Abstract No. 1038, County of Tarrant, according to the deed recorded in Volume 13015, Page 479 of the Deed Records of Tarrant County, Texas, and more particularly described as follows: Being all of Lot 2, Hall Medlin No. 1 038 Addition according to the plat recorded in Cabinet A, Slide 2495 of the Plat Records of Tarrant County, Texas. NOW, THEREFORE,, KNOW ALL M EN BY THESE PRESENTS: TH AT, Chapel M onticello Partners, Ltd., by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described property as Lots 2R-1, 2R-2, 2R-3, 2R-4, and 2R-5, Hall M edlin No. 1038 Addition, an addition to the City of Southlake, Tarrant County, Texas, and I do hereby dedicate the rights of way and easements shown thereon to the public's use unless otherwise noted. This plat does not alter or remove existing deed restrictions or covenants, if any, on this property W IT N E S S m y,hand at Southlake, Tarrant County, Texas this the day of -- 1200 1 -------------------------- ------------------------------ Authorized agent for Printed Name & Position Chapel Monticello Partners, Ltd. STATE OF TEXAS § COUNTY OFTARRANT § BEFORE ME, the undersigned authority, on this day personally appeared _ ___ _ ____ __ of Chapel Monticello Partners, Ltd., a corporation 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 corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of - - - - - - -_- - -, 2001 --------------------- ------------------------ N otary Public Commission expires STATE OF COUNTY OF Whereas, Local Oklahoma Bank, N .A ., acting by and through the undersigned, its duly authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. - --------------------- Authorized Agent for Local Oklahoma Bank, N.A. STATE OF ------__-_-- 3 COUNTY OF ------- § BEFORE M E, the undersigned authority, on this day personally appeared _ __ _ ___ _____ of Local Oklahoma Bank, N.A., a corporation 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 corporation. 160 GIVEN UNDER M Y HAND AND SEAL OF OFFICE on this the day of - - -_ , 2001. --------------------- ----------------------- Notary Public Commission expires Whereas, Local Oklahoma Bank, N.A., acting by and through the undersigned, its duly authorized agent, is the lien holder of the property described hereon, does hereby ratify all dedications and provisions of this plat as shown. ----------------------- Authorized Agent for Local Oklahoma Bank, N.A. STATE OF COUNTY OF BEFORE M E, the undersigned authority, on this day personally appeared of L egacy B ank, a corporation known to m e to be the person whose name is_ subs_ _ cribed to_ th_e 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 corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 1 2001 --------------------- ------------------------ Notary Public Commission ex ires This is to certify that I, Daniel H. Joslin, a Registered Professional Land Surveyor Df the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, 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. Daniel H. Joslin Registered Professional Land Surveyor No. 4749 Date: P Plat Revision Lots 2R-1, 2R-2, 2R-3, 2R-4 and 2R-5 Hall Medlin No. 1038 Addition An addition to the City of Southlake, Tarrant County, Texas 4.855 Acres in the Hall Medlin Survey, Abstract No. 1038 Being a plat revision of Lot 2, Hall Medlin No. 1038 Addition according to the plat recorded in Cabinet A, Slide 2495 of the Deed Records of Tarrant County, Texas October 2001 City Case #ZA01-096 This plat filed in Cabinet A, Slide , Date 2 2 2091 n CRIPPLE CREEK TRAIL _ A-7517 A-ld9 HILL ADDITION VOLUME 388-159 , PAGE 96r P.R. T.C. T. J ) BLOCK 1 .U.D. LOW DENSITY RESIDENAAL' LOT 2 COT 1 Lor 3 EX7S771VG ZONING 'SF -IA' POINT OF BAGINMNG HIGHLAND STRE WILLIAM C. MASSEY VOLUME 7774 , PAGE 1159 D.R. T.C. T. L. U.D.=MIXED USE EX/SANG ZONING B1' /1d' U�. / 0' SANITARY / 1C U11L ESM'r / / /- 40�' BUIjDI•N�G �$`F, fR� {`� 2w I �'~- EASEMIENTI 40' BUILDING FEE. 25.". t"-here .+<..;,_` �,�u, / ,{!/ }/ / F--7 f1IX15 ' -I I / 1 /I / 6C{l I/ Dry(/ ^ 4 , I "= �/ I / �// I / Iv s� / III n 5' UTLESU'T � 4r - O Sr'P X 1g u* ESL,_ BLOCK 2- ! / r Bw7 G / / r 15' DRAINAGE AND I UTILITY ESM'T / / I I N '48Y8'w k / I 228.94' f 20' P 11TE 34 I / I ACCESS ESN T -I• I (( I 2 I y ! 24,139 SQFY. 211, P111VATE /. ACCESS ESY'T rBd CK 1 / 13 /l 2J1.1Y� ��.-- I ,PROPOSED ZONING "MF-1"!/ J � =1 X / Iyt u5 saFz I F_XI5 /1NG ZCWING n n 15 10. `I< rl �1 rrfjfl 1 I L -- _I-�r� _ BLOCK 4 PARA LINDA ESTATES, SECTION II I VOLUME .388-149 , PAGE 71 13P.R. T.C. T. to 11 14 \ EXISTING ZONING IX 5' U7R ESY7 R7.5' - L MESA VERDE TRAILIS -SEX 5' U72 E:.V"7 I 437 25'3 IV 'T a$ .12 31 34 I A-IWO���---�'----I---- Ex 10'Nx Esv'r I ( BLOCK 1 -�' a LYTY (F SOU7HL 4AF a SHADY LAN [� O O ~ DRAINAGE ►v I _�! / . Y 13ULDING SE �1 I D/ / I PROPOSED AG'_ / f 3a.50" / N89'48.19'Y/ or-65 ' r { n 1 I r 2T3 7T 36.50' I �/ (V y ZGNING� EX 5' UM ESM'r-�I I % - F- -IN I I // nI i 4 �` "1 `d s I I `•. Q U / EXISANG�ZONIN% I ,I /�EA;ELIENr�! 7O BE AISVOLiD 12,6ee%SaFr. IT S/NNTAtY //X / I N89.46-t6f o r iY AAIE ,41' /' 2a PR✓ATE 57,955 saFT. J1 V / I /AC,Cf55 ESM'T 10' Ul�. EI94' • / I I✓ 15' i.DRESM'T _V I l 5' UTL E9l'T ! I I IanI2-1 a�� I1S1520'OR~2 /E945 F601 00" yI I 239.02 -- j'- --- -1--- '" -66� NW 'w 443.57'----- EX 7.5' UlE E37I'y� I / �- I Ey 7..5' UAL 7.w - -7 i�l I I 2 I I-IX75 ESf7 HANA ADDITION EX 7.5' U7E EA17_ I I VOLUME 388-202 , PAGE 71 I 1 P.R. T.C.T. I � I I � I II "L. U. D. =MIXED USE' I W I EMS17NGG ON/NG i I --------------------a------------------ L----J I L_---------------- L-1----------- WWRAI NOTES 1dND USE SUMMARY 1. ALL PROPERTY CORNERS ARE 1/2- IRON RODS WITH CAP SET, UNLESS OTHERWISE NOTED. SINGLE FAMILY: 97.948 SO.FT. 2. BEARING SYSTEM BASED ON THE PLAT RECORDED IN CABINET A. DUPLEX: 125.709 SOFT. SLIDE 3593. P.R.T.C.T. 3. BUILDING SETBACK LINES TO BE ESTABLISHED PER REOUIREtENTS OF CITY OF SOUTHLAKE ZONING ORDINANCE. 4. PROPOSED ZONING FOR LOTS 1 THRU S. BLOCK 1 WILL BE -W-1- AND THE PROPOSED ZONING FOR LOTS I AND 2. BLOCK 2 WILL BE 'SF-1 A' 5. SEE ATTACHED 'SURVEY PLAT' SUPPLIED BY YEACH LAND SURVEYING CO. FOR BUILDING DIMENSIONS. 11 TA I Ex lo' un Ea'r I 1 I 2 I 3 EVS-77 G L.U.D. MEDIU:/ DEN TY REMDEN77AL' 1 �� iSX/SAN ZONING I } ------- I I, f�er I - I I f BLOCK 1 5 I B I 2 I i EVE�A, GREEN ES �ATES 51NET A , SLIDE 52� P.R. T C. T. Ex ,o' v7E E5V'7 - - - - 50 0 50 100 GRAPHIC SCALE IN FEET 1'=50' LOCATION MAP PROPERTY DESCRIPTION BERG o 5.582 care tract of land Whicted In the T. MAHAN SURVEY. ABSTRACT N0.1049 and b0 all that artaln trod of lad deoarRhm 'n deed to Salton M. Mdlaa. a rwwdd M Valane /0445. Pap. 20. Deal Roeada Tarrant Canty, Tom., edd 5.592 acre tract of land being man partlodaly doearbeO by m.tr and boarl a. foloor BEGINNING at a point in the emth right-of-eay IM of Eaot lRptdand Street (a ra1mM eWth right-.hray} eaW pebnt bowl N029Y55'E a dl tang of 18.21 feet fr.m the norlheo.t aamr of Lot 1, T. Mahan No. ll 4 Addition a, addition to the City of S it Tarant County. Tom. according to 0. plat recorded In Cabinet A. SIId. 35" Plot Record". Tart.nt County Tomoc THENCE SWOYOO'E, along U. muth right -of -my lino of mW Eat Highland Street a dhtana of 425.85 feet to a paint for mn,r at the Inteeeelbn of the oauth right-of-eay line al .old Eaet Highland Stint mW the wort right-af-my line of North Klmbdl Awns (a wlable .kith right-of-eoyk THENCE S007r17B, deg the wet right -of -my Tine of mid North Kimbell Avenue, a distance of 556.19 feet to a point for eernor, THENCE N8919'05'11. leaving the root right -of -my line of mW North Klmbdl A— aW drip the north Ihw of Lot 1, Hanna Addition, addition to the Clty o/ SouMld.. Torrent Canty. T.me aeeordbp to Me plat rm rdm In V.I-. 385-202. Page 71• Plat RecarA� Tartmt Canty, Tema a dl tang of 443.57 feet to a point for -or. mid point being the southeast comr of mW Lot 1, T. Mahan Nor 1049 Addition; THENCE NO2YU2.55'E, leaving the north line of -W Lot 1. Hanm Addition and dong the met line of mid Lot 1, T. Mahan No. 1049 AddRWa a dYtanoo of 558.73 feat to the POINT OF BEGINNING and containing 243.139 muore feet r 5.552 acres of land. QUANTITATIVE LAND USE SCHEDULE PHASE EXISTING EXISTING PROPOSED NUMBER GROSS DENSITY -DU OPEN SPACE LAND USE ZONING ZONING OF UNITS ACREAGE /GROSS AREA AREA/7. 1 MEDIUM 'AG' 'MF-l' 10 3.267 3.28 NOT LESS DENSITY THAN 60% RESIDENTIAL MEDIUM 'AG' 'SF-1A' 2 2.315 1.16 NOT LESS DENSITY THAN 80S RESIDENTIAL 2l:rtlAl,vtlu. .. _ _ - A PRELIMINARY PLAT OF all LOTS 1-5, BLOCK 1 AND LOTS 1-2. BLOCK 2 - `�`------ I ------ I - KIMBALL PARK ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS I AND BEING SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049 �Ex,D•u7x ESVi I JULY 2001 7 LOTS 5.582 ACRES 13 I 12 I I 11 I OWNER: I I I APPLICANT: FOUR PEAKS DEVELOPMENT SCHON M. McMANUS IX ao avAw AVD 726 COMMERCE STREET, SUITE 109 2149 E. HIGHLAND STREET 76092UTHLAKETEXAS (817) 329-6996 I ENGINEER: SURVEYOR, WELCH ENGINEERING, INC. McCULLAH SURVEYING, INC. 4109 CAGLE DRIVE, SUITE D 16531 ADDISON ROAD NORTH RICHLAND HILLS, TEXAS 76180 ADDISON, TEXAS 75001 (817) 284-1175 (972) 713-,Q7A7., ®®[�/� t1C,U ZA 01-0941 -- .31 @ TR lA2- 5. 19 AC ANN 1R 1 B5 AG I L.U.D. = L.D.R. I 2 I TR 1A2 ®® TR 1B3 8. 645 AC AG � 5 5.884 @ - I VCRs � � (2. 07AC) (3. 814AC) AG L%6(059/833 U.D. L.D.R. �N Y 60' EXISTING 2 30 �' ° SUB-E00 SF1A L.U.D. = L.D.R. 4 8 PROSCRIPTIVE0 �J L.U.D. L.D.R. O O � O A R. 0. W. 14311/307 I S 89039' 57" E - 2142. 64' 388-159/39 15 TIL --------------------------------------------------- UITY EASEMENT 901 O/ 825 ' J TR 1C 27 M.D.R.1. Ac I F 3-202/73 � 39 R b 100' BUILDING SETBACK 3 US �� O I TR 2A1 & 2A2 20. 0 AC 3 TR 18l O CE A SPECIFIC B1, O1, OR CS USER IS IDENTIFIED F - - P CEL 3B THE ITY COUNCIL RESERVES THE OPTION TO QUIRE A 300' S ITBACK FROM CARROLL AVENUE AT THE SI E PLAN STAGE OF APPROVAL. I TR 2 1 REFER I TO TjXA EXIS ING ADJACENT 8. 78 C LAND gWNERS AMAP OR EACH NAME.------- VV- - OF AD4ACENT ONE S tC,4Rf�OL L ME ODI�I/S SUB � .,!A ALI� �2 �Z I - -, 42.51 ± ACRES o in T- 38 ,W AG S 890 56' 18" E 2 CoL.U.D. = L.D.R. 464.10' I v N ---� I N O 15 UTILITY EASEMENT / I m 7 EXISTING L.U.D. = MIXED USE 30' BUILDING SETBAC EX153TING ZONING STREET C 3292-245/247 S 89038' 11" E - 2569.25' WHITE CHAPEL BL = NR-PUD #4 N R.O.W. AREA STREET D- --- i n 46 + ACR I _ _ - A iv A RRA---BO LE AR- - - PROPOSED ZONING P E C �\ [7 V D _ _ - pAitc • ZONING co'-' • "".PROPOSED - o EXISTING LUD.06 o CABINET A9 SL IDE 5945 �----- AG AG L.U.D. = R 2C SF20AL.U.D. _ C N I �, L.U.D E 1 .41 AC LUD =L.D.R. A° Rv I L.D.R. �. D su-2qq n L.D.R. / 6 A 3965/2900 TR 2C3 AG 3. 66 AC 3381 / 146 i6o2/ IL.U.D. = L.D.R. / / 9477/2280 I 127 3965/ 29 O I AG - 2/ 2C4A 3 AG 18 TR 2* 25 L.U.D. Lli - I TR 2C , L.j� 1.43 2 Ac 3656/ 135 I TR 2E 7L.D.R. T D R I. 35 AC' • 5 AC L.D.R. I, 16 A 100' BUILDING SETBACK = MIXED USE o VARIABLE WIDTH ROW Z \ 94' MINIMUM ' ULT I MATE EXISTING ZONIN 30' UILDING SETBACK. SLOPE �\ (100' MEDIAN) I R.O. W. = NR-PUD #4 -------- - - - - -- - - - - - - -- 23.15 ± ACRES 46. 62' -6f-4uW_______ __________ L.U.D. = I 66.50 -+ ACRES EXISTING L.U.D. MIXED USE EXISTING ZONING NR-PUD #4 EXISTING L.U.D. = MIMEDL S] EXISTING ZONING = NR-PUD #4 3A2A )@ I /TR 3A2 1. 263 @ 7 ZO + VARIABLE WIDTH ROW ACRES 94' MINIMUM / (100' MEDIAN) EXISTING L.U.D. = MIXED USE 50' BUILDING 30' BUILDING SETBACK CARROLL AVE] R.O.W. AREA 1.84 ± ACRE 99.74 ± ACRES Y N / I o fl- ro i u PQ EXISTING L.U.D. = MIXED US I o I v v EXISTING ZONING / ULTIMATE o R. o. w. a = NR-PUD #4 / 24' EXISTING J / ASPHALT Z PAVEMENT i z rz' ' APPROX. FLOOD I / PLAIN LIMITS / EXISTING ZONING SETBACK - - ET B o o / NR-PUD #4 / EXISTING STRE 9° - Iq 837' 3" W ZONING = B2 EXIST 1 s 1. o' r�l / L.U.D. = MIXED USE w L.U.D. = zo - o o 2 ss° \ 0.. �` ' , . OFFICE �n.D� _ 10 O� I N Q3- ► C / 14-7 po C I 1 1948/ 4T3 7' E APPROX. FLOOD N 2, 54 I I N 8 2 -66L /- - -/ -N 89 24 48 w 14.83 ± ACRES I I 30' BUILDING WAY LIMIT s s 144. 9057 0' E 5r------ , Nawr,g' g■ w 20' UT I LJ T_Y_ FASEME r4l SETBACK / C2 N� - 3; ` EXISTING L.U.D. I I I _ - - - - - - - - - EXIST 2 UTILITY EASEMEN N L.U.D. MIXED USE I I r --------- 3B_,,,` -- Cl � .r^ it � / = I N 88°59' 38° yymmm --------------- --- '$ OF 7FIB,� m XISTING ZONING w - 1042. o� NR-PUD #4 --- ---- m / V � AG TR 4A 19 '� 0 L.U.D.O / , ° MIXED 7t S� ~` ' N \\ �� I 336 3/ 216 �G5�� - EXIST 20' UTILITY EASEMENT I o 461045' , iT9'_, `a.., '�,� N 88040' 46" W 68. 28' I N 8803 '37" w --------- --` _- _ 463. 58 `�� '� AG 22 8207/ 1513 - / AG 855 43' J L.U.D. _ I C3 +f );K 4F3A '- --OFFICE 7040/ 134 AG U.D.._ ` � I � AG L.U.D. MIXED USEmm. � ` �' FFICE ~ �a �` •\ �`��`,.. `TR.4C2A I L.U.D. I COMM. L.U.D. / R OFFICE -T'R 4C 1 I OFFICE I I A COMM. S COMM. I o� R5 TR V �� C \�` I C TR 4C2 I 10438/ 32 TR 4C N I \E/ / 4F4 3. 88 AC / 3. 96 AC I G 4� 1. 9742/ 1787 \ I I U R V� @34 / 4. 623 @ TR 12. AC TR 4B1 T .8 AC TR 4B 1. 52 AC I I TR 4C1 I 1. 02 AC I TR 4C . 97 AC I 3381/ AG 146 I.U.D. = L.D.R. 42 I 4 4 AG L.U.D. = L.D.R. 4 7 AG L.U.D. = LjI .R. B1 .U.D. L.D.bY. SFIA .U.D. _ .D.R. 59 S41, .U.DL.D.R. SB---� to SF1A .U.D. -37 .D.R. i aid r I 36S Q L.U. . �5 (� L. .R. z R %IG""LAND RD. �r�l JJ I I VICINITY MAP 0' 200' 400' 600' SCALE: 1" = 200' LEGEND L.U.D. M.D.R. L.D.R. LAND USE DESIGNATION MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL ZONING AG AGRICULTURE CS COMMUNITY SERVICE P.U.D. PLANNED UNIT DEVELOPMENT SFl SINGLE FAMILY RESIDENTIAL MFl MULTI FAMILY RESIDENTIAL 01 OFFICE 02 OFFICE Cl NEIGHBORHOOD COMMERCIAL C2 LOCAL RETAIL COMMERCIAL C3 GENERAL COMMERCIAL B1 BUSINESS SERVICE PARK HC HOTEL QUANTITATIVE LAND USE SCHEDULE o EXISTING NUMBER DENSITY OPEN cn LAND EXISTING PROPOSED OF GROSS - DU SPAS vo ZONING ZONING ACREAGE /GROSS m USE UNITS AREA /% a ACREAGE 1 MIXED USE NR-PUD #4 NR-PUD #4 - 42.51 2 MIXED USE NR-PUD #4 NR-PUD #4 - 99-74 3 MIXED USE NR-PUD #4 NR-PUD #4 - 14.83 ^ 4 MIXED USE NR-PUD #4 NR-PUD #4 - 23.15 ^' 5 MIXED USE NR-PUD #4 NR-PUD #4 - 66.50 6 MIXED USE NR-PUD #4 NR-PUD #4 ^• 7.20 �• R.O.W. ACREAGE 27.33 Jir U(00 0.0. V) 1 0/22/ 01 DGN=g. \ job\ 01 0676\c i v\Prelim\TRACT2\Pp l at\6762pp 1. sht � c' -- .....--•-- ----•- ----- ----- - -------------------------------------------------------------- - • . - - REC'D � G �. 2 2001 -- .31 @ TR lA2- 1I 5. 19 AC ANN 1R 1 B5 AG I L.U.D. = L.D.R. 2 I TR 1A2 ®® TR 1B3 8. 645 AC AG �� 5 5.884 @ I v (2. 07AC) (3. 814AC) AG L%6(059/833 U.D. L.D.R. �N Y 60' EXISTING 2 30 �' ° S U V E� SFIA / L.U.D. = L.D.R. 4 8 PROSCRIPTIVE^ �J L.U.D. L.D.R. I( O � O AR. 0. W.- 14311/307 I S 89039' 57" E - 2142. 64' 388-159/39 15 UTILITY EASEMENT --------------------------------------------------- 9010/ 825 ' J TR I M.D.R.I. A I F 3-202/73 39 R �?wl c 100' BUILDING SETBACK 3 1� a in _ 2 liT. �6 i = N co US �� O I TR 2A1 & 2A2 20. 0 AC 3 TR 1B1 O CE A SPECIFIC B1, O1, OR CS USER IS IDENTIFIED F - P CEL T B THE ITY 3 C COUNCIL RESE. S THE OPTION TO QUIRE A 300' S ITBACK FROM CARROLL AVENUE AT THE SI E PLAN STAGE OF APPROVAL. I TR 2 1 REFER I TO Tj A EXIS ING ADJACENT 8.78 c LAND qWNERSAMAP OR EACH NAME - - - - - - - t OF AD4ACENT OVVNE S C,4Rf0OL L ME ODI1I/S SUB Ii . ALI �2 IZ I - -. 42.51 ± ACRES � o T- 38 ' Co AG S 890 5616 E 2 I L.U.D. = L.D.R. 464.10' I I v N --- K O 15 UTILITY EASEMENT / I 7 EXISTING L.U.D. = MIXED USE I 3292-245/247 30 BUILDING SETBAC EXI TING ZONING STREET C S 89038' 11 " E - 2569. 25' WHITE CHAPEL BL = NR-PUD #4 N R.O.W. AREA STREET D096 ACRES I I - r - --- i N A RSA BO LE AR' PROPOSED ZONING P E C [7 V D- pARC °° -gl,��..�.F..� - - - - PROPOSED ZONING. -----"- ` 1 2 6; o EXISTING L.U.D. I Z = MIXED USE ULT I MATE EXISTING ZONIN 30' UILDING SETBACK SLOPE �\ I R.O. W. = NR-PUD #4 - -------- - - - - -- - - - - - - -- 23.15 ± ACRES Arm, 46. 62' 1_4005-6 -4uW_______ __________ - 1=- - ____-___ L.U.D. -- A \ 66.50 -+ ACRES EXISTING L.U.D. = MIXED USE EXISTING ZONING NR-PUD #4 EXISTING L.U.D. _ `,,,MIXED L S] EXISTING ZONING' = NR-PUD -�4 3A2A )8 @ I /TR 3A2 1. 263 v s � 7 ZO + VARIABLE WIDTH ROW ACRES 94' MINIMUM / (100' MEDIAN) EXISTING L.U.D. = MIXED USE 50' BUILDING o CABINET A9 SLIDE 5945 �----- AG AG �L.U.D. = R 2C SF20A399 G N I Y % L.U.D.L.U.D E 1 .41 AC LUD = L.D.R. SUP Vey I L.D.R. 5�,2�� I� n L.D.R. / 6 I A 3965/2900 TR 2C3 AG 02/ 3,66 AC 3381 / 146 162Z L.U.D. = L.D.R. 9477/2280 I - - 3965/ 29 O I AG - 2/ 2C4A 3 AG l 8 TR 2 T2@ L.U.D. Lli - I TR 2C , L.7?p� 1.43 2 TR 3656/ 135 1 72446// 1L.D.11110 T , n Tz I. 35 A 5 AC L.D.R. I, 16 A 100' BUILDING SETBACK VARIABLE WIDTH ROW 94' MINIMUM (100' MEDIAN) 30' BUILDING SETBACK CARROLL AVE] R.O.W. AREA 1.84 ± ACRE 99.74 ± ACRES Y N rLo ro `u�I I EXISTING L.U.D. = MIXED USko 4'I c o I U U l EXISTING ZONING / ULTIMATE R. 0. W. a = NR-PUD #4 / 24' EXISTING / ASPHALT Z PAVEMENT i z rz' ' APPROX. FLOOD ' / PLAIN LIMITS / EXISTING ZONING SETBACK - - ET B o o / NR-PUD #4 / EXISTING STRE - 89° 37' 3" W ZONING = B2 EXIST _ _ _ w w 181. 10' Off' \ \ _ / L.U.D. = MIXED USE w \` L.U.D. = Zo - o o 2 3.. - ..?';`,`, OFFICE RIE 10 OI - N�/ co4AlA 3 o�; COMM. O -- - o Co EV a o N I 81 AC c� o > 47' 57' E APPROX. FLOOD � 21 o S 890 57 38" E N a 2� - -/ -N 89 24 48- w - - - 14.83 ± ACRES 30 BUILDING WAY LIMIT 144. o' Ne(wr8918■ w 20' UT I L61 T_Y9 ME i ,� SETBACK �=- 32^� C2 3 N�, I 4 EXISTING L.U.D. I I I EXIST 2 UTILITY EASEMEN N L.U.D. - I I I ----------------- - o I - = MIXED USE �_` ' �` / I N 88059'38" W --------------------- of FIBF XISTING ZONING I W - 1042. o� ~ � ` p;; = NR-PUD #4 1- I m AG 28. 06t► ti`/ 1 I v - TR 4A 9 �, , I D L.U.D. O / '�,. � I ° MILD 7L. S� _ - EXIST 20' UTILITY EASEMENT I o 3363/216 461° 5' _ 6g'. `a, '` AG N 88040' 46" W 68. 28' I N 88°3 ' 37" w--------- ----- _-- -�463. 59 `� ,.� � - \`! / 22 AG 855 4 3' 8207/ 1513 - . d L.U.D. / h = IC s� �1,� 4F3A 'OF FICE 7040/ 134 AG .U.D. _ _ I FFICE / AG I L.U.D. MIXED USE Comm. L.U.D. ` . `TR.4C2A I OFFICE I COMM. I L.U.D. � -rR 4c 1 � OFFICE �� I i 5 COMM. I I COMM. I o1 R5 VCRs TR 4C2 10438/32 TR 4C N I E 4F4 I �2 3. 88 AC/ 3. 96 AC I YZ I C 9742/ 1787 \ I I U R V� 1. @ 34 4. 623 @ TR 2 I - - - -- - 12. AC T___T___ R 4131 .8 AC TR 4B 1. 52 AC I I TR 4C1 I 1. 02 AC I TR 4C . 97 AC 3381/ AG 146 I.U.D. = L.D.R. 42 I r�4)4)_ AG L.U.D. = L.D.R. 4 7 AG L.U.D. = L.I�.R. --- U.D. !:--78 T.D.R. @ 9 �VB1 .U.D. L.D.bY. SFIA .U.D_ .D.R. 59 S 8 .U.DL.D.R. 158---� to SF1A .U.D. -37 .D.R. i rr I I 36S Q L.U. . �5 (� L. R. E. DOVE RD. , ; m r- < z IGI�LAND RD[7A') J I I VICINITY MAP 0' 200' 400' 600' SCALE: 1" = 200' LEGEND L.U.D. M.D.R. L.D.R. LAND USE DESIGNATION MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL ZONING AG AGRICULTURE CS COMMUNITY SERVICE P.U.D. PLANNED UNIT DEVELOPMENT SFl SINGLE FAMILY RESIDENTIAL MFl MULTI FAMILY RESIDENTIAL 01 OFFICE 02 OFFICE Cl NEIGHBORHOOD COMMERCIAL C2 LOCAL RETAIL COMMERCIAL C3 GENERAL COMMERCIAL B1 BUSINESS SERVICE PARK HC HOTEL QUANTITATIVE LAND USE SCHEDULE o EXISTING NUMBER DENSITY OPEN cn LAND EXISTING PROPOSED OF GROSS - DU SPAS vo ZONING ZONING ACREAGE /GROSS m USE UNITS AREA /% a ACREAGE 1 MIXED USE NR-PUD #4 NR-PUD #4 - 42.51 - - 2 MIXED USE NR-PUD #4 NR-PUD #4 - 99-74 - - 3 MIXED USE NR-PUD #4 NR-PUD #4 - 14.83 - - 4 MIXED USE NR-PUD #4 NR-PUD #4 - 23.15 - - 5 MIXED USE NR-PUD #4 NR-PUD #4 - 66.50 - - 6 MIXED USE NR-PUD #4 NR-PUD #4 7.20 �• R.O.W. ACREAGE 27.33 OWNER /DEVELOPER PLANNER /ENGINEER WESTERRA SOUTHLAKE, L. P. /SURVEYOR 1207 S. WHITE CHAPEL BLVD. Carteu-,SUITE Burma 150 SOUTHLAKE, TX. 76092 CARTER & BURGESS, INC. 81 7) 4 81- 01 3 5 777 MAIN STREET FORT WORTH 76102 817-735-6000 PROJECT NO. 010676.010 DRAWN BY CAD APPROVED BY BB DATE 7/20/01 PP NO. CITY CASE NO. ZA01-033 REV. 10/19/01 Jit U(00 0.0.w�_-3 1 0/22/01 DGN=g. \ job\010676\c i v\Pre I im\TRACT2\Pp lat\6762pp I. sht 2 RE(;'DGG �22001 - ............ _ ------------------------ - _....... _------.------------------------------------------------------------------------------------------------------------------------------ ------ - __ _- _._,._........... .------------------------------------------------------------- ---------------- -- ----- .--------------- - �_ _ _ - . 0 n o. f n � � 1 -•.,� Lam. Iw i(o , �IE -ROPOSED 'ER-:;t,l I SED WA cc e 1 I I TY EA EME Rey 11 klb IJ f { cool - S 3- J Z o: o ! ONC 625 00 O 'ti a i \ • \ ) '\..`r..�--^ _ / �C �"7 /r[ f'_ _ rsf _ ! �J 6T.0��-+ -:O YO t � I '�,'` �..;:_-` ',- �� Cam' "� � � / �. �,/�5•(� �� � � i/�" • - _ �.- , \� � > "mot //� .w , � ,.� + • is -' • \`'�`"/ < �.:�— u P�nphs 17 Lz all, z,-00 \ IJ za fi ( I. o4t 0# o t- .w ( / 00000 000 /- C �. t OO 6Z 1 \� + \ / It i i.A0 nx 0.az Fow r " l s ,O4Q J�fO- 10;Ut00 a a a t ' 10/ 22/ 01 DGN=gz \Job\ 010676\ c i v\ Prelim\ TRACT2\ Pp l of\6762pup. sht b / 1 == 20 TY EASEME \..AT s, a �0— 0 \ d b� IST `9 L4Fi ❑ Fal r EXIST 70' UT I L I T� I_ FkSWENT - �r-- ------ P: (1647-1 I 15" S 1 P � � Q If E. DOVE RD. - >''''� Wes" as _! Ld IL H e = 11� z IGI LAND RD. VICINITY MAP 0' 200400' 600' SCALE: 1" = 200' LEGEND PROPOSED EXISTING PROP W WATER PROP SS EXIST W SANITARY SEWER EXIST SS N X CITY OF SOUTHLAKE SANITARY SEWER DRAINAGE BASIN o � NOTES, 1. N-3 DRAINS TO SOUTHEAST TO EXISTING 12"SS IN DOVE CREEK. 2. N-2 WILL TIE TO SYSTEM CITY IS BUILDING AT DOVE RD. TO THE NORTH TIE PROPOSED WATER LINE TO EXISTING 12" WATER LINE BRET,A•­BLANKENSHIP v. • .....o•.• vo• 84518 A PRELIMINARY UTILITY PLAN FOR AVENTERRA SOUTHL� TRACT II BEING 281.26 ACRES OF LAND SITUATED IN THE L. CHIVERS SURVEY, A-300 AND A. CHIVERS SURVEY, A-299, TOWN OF SOUTHLAKE, TARRANT COUNTY. TEXAS. OWNER /DEVELOPER PLANNER /ENGINEER WESTERRA SOUTHLAKE, L. P. /SURVEYOR 1207 S. WHITE CHAPEL BLVD. AM SUITE 150 Bum U. O- SOUTHLAKE, Tx. 76092 CARTER & BURGESS, INC. N ( 81 7) 4 81-01 3 5 777 MAIN STREET O FORT WORTH, TX 76102 817-735-6000 Z PROJECT NO. 010676.010 DRAWN BY CAD APPROVED BY BB DATE 7/20/01 pp NO. �- W CITY CASE NO. ZA01-033 REV. 10/19/01 h Copyright ®2001 by Carter & Burgess, I no. REG')0CT 222001 E. DOVE RD. > � ' m- y3* U-1 "Al 81 = 11� • IG LAND RD. z n I VICINITY MAP 0' 500, 1(00' 1500' SCALE: 1" = 500' EXISTING DRAINAGE CALCULATIONS AREA ACREAGE C TC I100 0100 DESIGNATION ( ACRES) ( MIN) (I N/ HR) (CFS ) A 10 0.35 15 9.6 33.6 B 7.8 0.35 20 8.2 223.86 DETENTION PONDS WILL BE PROVIDED TO REDUCE INCREASED RUN-OFF TO PRE -DEVELOPED FLOW RATES. SEE DOVE CREEK FLOOD STUDY FOR HYDRAULIC CALCULATIONS OF LARGER DRAINAGE BASINS. A PRELIMINARY DRAINAGE PLAN FOR AVENTERR--A- SOUTHi,AKF TRACT II BEING 281.26 ACRES OF LAND SITUATED IN THE L. CHIVERS SURVEY, A-300 AND A. CHIVERS SURVEY, A-299, TOWN OF SOUTHLAKE, TARRANT COUNTY, TEXAS. OWNER /DEVELOPER PLANNER /ENGINEER WESTERRA SOUTHLAKE, L. P. /SURVEYOR 1207 S. WHITE CHAPEL BLVD. Carter Na Bu �► SUITE 150 SOUTHLAKE, TX. 76092 CARTER & BURGESS, INC. ( 81 7) 4 81- 013 5 777 MAIN STREET FORT WORTH, TX 76102 817-735-6000 I PROJECT NO. 010676. 010 (DRAWN BY CAD (APPROVED BY BB I DATE 7/20/01 1 PP NO. I CITY CASE NO. ZA01-033 I REV. 10/19/01 I I Copyr i ght Q 2001 by Carter & Burgess, Inc. �MV mo OCT 2 2001 10/22/01 DGN=gs\Job\010676\civ\Prelim\TRACT2\Pplat\6762pdo.sht RECro Off, f