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1997-06-03 CC Packet
YEWS CLEPPENG Source: Y 1�� C r- 6/ 6� �lP - , Date: 7 , .r_. i ,, Propertyvaluei in NE Tarran increase again t BY ANDREW BACKOVER AND BRYON OKADA INSIDE ' Star-Telegram Staff Writers F F, Relentless residential and com- How to appeal if yot mercial growth throughout North- disagree with the ,w-i . east Tarrant County continues to 5 propel property values in every appraisal of your property ; city and school district, according ■ City-by-city list of proper-_' to preliminary figures released by ty appraisal rate changes. -,:_ , j the Tarrant Appraisal District yes- PAGE 2A terday. Haslet led Northeast Tarrant — -- County with a whopping 63 per- cent increase in market values of increase from September 1996 property. Southlake and Keller figures, the second-greatest + were next with increases of 19.3 increase in a decade. - percent and 11.6 percent, respec- For the region's property own- tively. Most cities had increases ers,the news will likely mean that of 5 percent to 7 percent. their homes and businesses have Fort Worth posted an 8 percent become more valuable. increase, and Arlington saw a 6.9 "I don't know how long it will • percent jump. last, but we're in good shape," ' Overall, Tarrant County's said John Marshall, executive � property value is again headed for director of Tarrant Appraisal Dis- an increase. The $56.7 billion in valuation represents a 7.5 percent (More on APPRAISALS on Page 2) 1 0 V.€N. l F t t question is how much can we Appraisals Average appraised home value :bent Tarrant Appraisal Distri x The average value ul a single-family residence PP i in Tarrant County is$78,418,based on preliminary mailed 380,000 notices with 195 From Page 1 1997 valuations.Overall,Tarrant County property proposed values to residential an grew in value 7.5 percent,from$52.8 billion as - • of Sept.1,1996,to$56.7 billion in this year's commercial property owners tv‘, preliminary report. weeks ago. i U'ict. This chart shows the average home value and That is quite a change from the percentage increase by city;-means the change Property owners who want to was less than 1 percent contest their appraisals must the a a early 1990s,when property values formal protest with the Tarrant flattened on raw land and coin- City '1996 1997 %change Appraisal Review Board by May mercial property because of over- Arlington $84,270 $86,996 3.2 buildingprices that were no resolve"l problemsbrs may attempt to andAzle 64,356 68,420 6.3i linger feasible, he said. But an isb wall a 284- S Bedford 101,445 104,616 3.1 tered appraiser by calling ?84- f improved economy has generated Benbrook 80,531 82,260 2.4 2025 from 8 a.m. to 4:30 p.m. demand for houses, office build- Blue Mound 36,521 37,490 2.7 weekdays,or by appearing in per- tugs and stores. Colleyville 214,775 221,194 3.0 son at the appraisal district's Fort Almost $1.8 billion of the $4 Crowley 53,606 57,308 6.9 Worth office,2315 Gravel Road. billion in growth is because of Dal.Gardens 175,087 181,427 3.8 Final property valuations per new construction, Marshall said. cityand school district will be Leading the charge in Northeast Edgecliff Village 71,434 71,476 -- § Tarrant were Southlake at $200 Euless 77,265 81,250 5.2 available by Sept. 1,district offi- million in new construction, Everman 38,955 40,416 3.8 cialssaid' Grapevine at$178 million,Keller Forest Hill 37,520 38,228 1.9 Tarrant Appraisal District with $73 million and Colleyville Fort Worth 53,133 55,789 5.0 appraisals are the basis for school, with almost$63 million,he said. Grapevine 121,108 128,267 4.3 county and city taxes.Tax notices A are payable by Feb. 1, Marshall z Fort Worth had$480 million in Haltom City 44,898 47,287 5.3 said i; new construction, helped by a Haslet 100,422 106,900 6.5 Staff writer Kristin Sullivan steady stream of corporations Hurst 83,120 85,400 2.7 . contributed to this report. moving to the Alliance Corridor. Keller 122,000 128,115 5.0 • 3 Haslet's gain was spurred by Kennedale 71,274 76,282 7.0 two projects on the west side of Lakeside 75,691 77,013 1.7 the Alliance development. Michael's distribution center Lake Worth 38,271 • 39,125 2.2 added$23.4 million, while May- Mansfield 92,381 99,889 8.1 1' tag,distribution facility brought N.Richland Hills 82,920 86,195 3.9 in$11.8 million. Pantego 96,948 99,285 2.4 With Kraft Foods and other Pelican Bay 31,676 31,706 --- major tenants continuing to pick Richland Hills - 55,773's 253 --- Alliance for their projects, the River Oaks 37,853 '98,002 Alliance-driven boom in Haslet Saginaw 59,726 65,291 - 9.3 shows no signs of stopping. , -;Sansom Park 25,770 .28�917 -- . u "Next year we'll be headed' Southlake 226,933 244,880 7.9 -thataway again," Haslet Mayor Watauga 59,454 62�$07 '4.8 Blackie Frazier said. Westover Hills 579,318 583,130 -2.8 In Southlake, the city's White Settlement 33,840 33,926 --- increase in market values comes Tarrant County 74,720 78,418 4.9 from the construction of single- family houses, Dallas-based real SOURCE:Tarrant Appraisal District. estate analyst George Roddy Sr. si.rTetegram said. "There are available single- Mitchell, the city's economic was enthused, especially consid- family houses and lots to build development director. ering that the city's property value on.They have a great school sys- Keller's property value rose decreased 2 percent two years tent," Roddy said. "If you take from$948.3 m,'lion to more than ago. t+ those reasons along with the prox- $1 billion. _ "I'm just glad that we Amity to D/FW or Alliance air- "We had more than 500 new improved," Quin said. "I don't 1 ports,you just got a mecca as far homes built in 1996. Then of know the explanation why the 1 as future development." course we had over a dozen corn- values didn't rise as sharply as i More than half of Southlake's mercial and retail business open last year.1 like the direction we're 21.5 square-miles remain unde- here,"Mitchell said. going, and the appraisal values 'veloped, City Manager Curtis Mitchell said he believes that reflect that." Hawk said, residential and commercial "Right now, the bulk of our The strong values mean Fort '; g growth "will he even greater in Worth residents probablywon't '' growth is still in residential, but •97• face an increase in the city's prop- that's going to change over time," Of all Northeast Tarrant Coun- erty tax rate,Mayor Kenneth Barr he said. ty cities, Richland Hills' 3.2 per- said. City leaders have lowered Keller's 11.6 percent rise in cent increase was the smallest- the tax rate for two consecutive property values is because of new and a far cry from the final 9.9 years. home construction as well as new percent increase of last year. "I'm confident there will not retail businesses, said Woody Still City Manager Jim Oiiin b,•3 t•us increase."Barr said.'"The PAGE 16 THE BUSINESS PRESS WEEK OF MAY 16,1997 THE LIST Tamnt County's fastest-growing cities Est.Jan.1, No.of hitless 1998.1997 dry aalrplsyeW Mayor/City Combined sales tax rele/ pop?4 Air In quire Reneger Property tax per$100 valuation Sample of city amenities Rank City,address,phone,fax,i-mall growth inks BOWlialur •._.4L..2..f11 .- 3'''').: •: , l,y�� y'"76 .yr w• 1_ .... 1. 687/14W'M Aw../OI8tl-✓ A f.• ti ' ..L.t 7.75%..0..4.22 `�leO y legated along Texas 114 4t489GIas1U47I,w6M6ivr 71 .Tfr ,Dwn Wla and DlFW shporu. . Keller 19,350/ Surrounded by recreational facilities and leisure 2. 156 S.Main,P.O.Box 770,Keller 76244 20.750/ 155/19 Ron Lee/Lyle 7 75%,0 48879 activmes including takes.city parks.ball fields.library. 337-0339.fax 431-3789,email woodymtlSgte.net 724% Dresher Texas Motor Speedway,hiking and horse trails Saginaw - 'tz !10.000/ Monte T.- Library,five parks,tennis and roller blade courts, a. 333 W.Mclroy Blvd.,P.O.Box 79020,Saginaw 70179 • 10.650/ 669.75 Nichols/Pal 7.75%10.525 jogging trail,bat field,senior citizen center, I 232-4640,fax 2324841 ._ 8.5% Moeae youth eNvltlea ' Mansfield' 20,800/ Duane Murray/ 4. 1305 E.Broad St..Mansfield 76063 22.150/ 210/40 Clayton W. 8.25%10.73 Lbrary,parks,live theater,country club.golf course 473-9371,fax 473.1416,a-mall manaliddflash.net 6.49% Chandler Haslet 1.050/ 5. P.O.Box 187,Haslet 79962 1,000/ 310 I.J.Fruity/ 715%10.314919 }inlet Youth Aaaopla on • 43115931,fax 4391601 6.0% , •Grapevine 33,800/ William D.Tale/ Grapevine Lake with two marina facilities. 6. 200 S.Main St.,Grapevine 76051 35,400/ 451/34 6 Roger Nelson. 7 25.10 415 municipal library and convention center,extensive 461-0377.fax 4240545 4.73% Interim park system.quick access to D/FW Airport Colleyv81S 18,75W Richard Strh4 g to be a ei rddcless rxunmunfty of pastoral 7. 5400 Branelerd Reed,P.O.Box/66,ColtyNIN 76034 17,400/ 118/12 Newton/Bob 7.75%00.3475 elegance end understated allhreece;beaushd parks 577.7587,fits 577.7564 3.86% Stripling slmoud Neely gated residential neighborhoods Pelican Bay 1,450/ Billy W. City parks,public holt launch,public pier. 8. 1300 Pelican Circle.Pelican Bay 76020 1,500/ 34.5 Heaton/Roben 7 25:/0.066314 volunteer lire department,police department. 444.1234.fax 444-2725 345% de Saglio city maintenance,animal control Kennedele 5,000/ Robert P. Tax abatements,beeped exemption, 9. 209 N.New Hope Road,P.O.Box 266,Kennedals 76060 5.150/ 53/4.3 Mundy/Tad 8.25%/0.578077 reinvestment zones,economic development 476.5418,fax 4810720 3.0% Rowe sales tax,library,youth association Benbrook 20.550/ Full city services,low crime rate,Benbrcok Lake. 1 Q. P.O.Box 26569,Benbrook 76126 21,150/ 81/12 Jerry L.Dunn/ 7 75:•0 795 2494000.fax 249-0664,e-mail benbrook@why.net 2.92% Cary Conklin 'Country living at the city's doorstep Burleson' 18,350/ The city has rscetlity opened a new library,police 11. 141 W.Renfro,Burleson 76028 18,135W 182/18.41 Rick Roper. 7.75%/0.6701 station,fire and training station,municipal 447.5400,tax 447-6885 • 2.72% Kay Godbsy golf course,senior center end lily hap • Bedford 46,600/ R.D.Huth Award-winning park department,library access to 1 2. 2000 Forest Ridge Drive,Bedford 76021 47,850/ 280/10 Charles P 7.75'./0.373536 information highway,nationally recognized 952-2104,fax 952-2454 2.68% Barred,Interim community involvement program • Grand Prairie' W • 105,350/ Charles Pool lake. 13. 317 College St.,Grind Prolate Four gill courses,41 pared,Joe 75053 108,150/ 875172 England/Gary Lane Star Park horse race track (972)2374160,fax(972)2374296,e•asali 2.86% Gwyn dtwypOwky.net • Haltom City 33400/ Gary Larson/ Seven parks(184 acres),8 tennis courts,4 baseball/1 4• 5024 Broadway Ave.,Haltom City 76117 34,800/ 233/12.3 Bill Eisen 7.75%0.46575 footfall fields,recreation center,senior citizen center, 834-7341,lax 834.7237 2.65% library(93,962 volumes),Northeast Orchestra • ArlingtonW. onV• 287,000/ Elzle D.Od Frye public libraries.15 dire stations.15. 101 AMem,Arlington 76010 292,850/ 2,I84A8.79 George C. 7.759LI0.81 over 30 arts and cultural organizations,eo parks. 4594404,tax 45114410,wed she www.cl.arlington.tx.us 2.04% Campbell nationally.renowned tennis lacety North Richland Hltte 51,550/ NRH,0 Family Water Park,658 acres of park land. 1 6. 7301 N.E Loop 820,North Richland Hills 76180 52,550 500/18.29 Tommy Brown/ 8 25%/0 57 Iron Horse Golf Course,entertainment district. 5814500,fax 656.7539,e-mail nrfsedtlelrmait.net 1.94% C.A.Sanford Texas Indoor Speedway,over 100 restaurants Rlchlard Has •„ 8,150/ Library.three parks,public tennis courts, 17. 3200 Diane Drive,Richland Ms 76118 8,300/ 7873.9 C.F.Kelley/ 8.25%0.390387 community center,large readentiel lots, 5956600.tax 5954844 1.84% James Quin ywNNebllafwd neighborhoods • Watauga 21,350/ Low come rare.library,expanding park system.close 1 u• 7101 Whitley Road,Watauga 76148 21,700/ 96/4 Hector Garcia/ 8.251U/0.71207 prolumity to all types of entertainment and area 2814047,fax 281.1991 1.64% Lee Maness universities and colleges Azle 9,350/ Public library,guys parks,golf course,historical 19. 613 Southeast Partway,4749Azle 76020_ 9,00/8%% 88 DND Am / 7.75%q.55 museum.located on Eagle Mountain Lake 441.2541,lax Mh7149 Crowley 7,200/ Chuck 20. no,Drawer 747,Crowley 76036 7.300/ OND/7 Rutherford'/ 7.25'U0.698 Three parks encompassing over 65 acres, one library with over 19,000 books in circulation 297.2201.fax 2974178 1.39% Jay Singleton Fort Worth 477,850/ 2U. 1000 Thrackmorton St.,Fort Werth 76102 484.500/ 5,235/296.144 Kenneth Bart/ 8.25%/0.95 OND 8714111 1.39% , Robert Terrell Euless 40,850/ Texas Star Spores Centre(golf course,conference 22• 201 N.Ector,Euless 76039 41,300/ 319/25 Mary Lib Saleh/ 8 25',;0.54498 center.athletic complex.softball facilities),library. 685.1420.fax 665.1416,e-mail eulessOalrmatt.net 1.1% Tom Han Tree City USA,several parks,Iwo amphitheaters NOTES:Ranked by percentage change in population from Jan.I.1996.to Jan.1,1997,(estimated)according to•1997 Current Population Estimates:published by North Central Texas Council of Governments April 1997.The cities of Hurst with 0.93%growth:Forest Hil with 0.43%growth:and White Settlement wall 0.32%growth did not respond by press lore.Other cites not listed either did not appear on the NCTGOC report or showed no increase.'—Although a portion of this city lies in another County or counties,the entire SOURCES:North Central Teas population was used for the purposes of this list.'—7.25%in Parker County.'—Effective May 15.1997.DND—did not disclose Council nt Governments and me ores RESEARCHER:Valene E.Rowe • NEWS CLEPPLYG Source: 601105 Mgin irl N-eiWS Date: rj - i(p 1 h i t Civic evalueon 1 Southlake residents give city staffers some passing marks, areas for improvement in '97 Citizen Satisfaction Survey e By Joy Dickinson areas, such as increasing awareness of e Staff Writer of The Dallas 1 of - Southlake Program for the Involyementl of . SOUTHLAKE — Schoolchildren who sur- Neighborhoods (SPIN) and trash-collec on. vived this year's round of TARS tests will be r percent of those surveyed p ocedures = 76.2 r relieved—or perhaps horrified--to learn that said garbage collectors hadn't missed their` ! the grown-ups running the city recently under- houses even once in the past year. went their own performance assessment of The survey showed a need for remedial hilp sorts. in other areas,though—for instance,a majors- And although the results of Southlake's 1997 ty of respondents said they had trouble getting j Citizen Satisfaction Survey won't keep any city through to city staff because of clogged phone officials from graduating,the survey could pro- lines. foundly affect city staffers' jobs in years to • "Although about 95 percent said they were" come as they tailor services and facilities to treated courteously when they finally did` meet residents'wishes. reach us, more people said they had trou itle" The city passed with flying colors in some Please see SOUTHLAKE on Page 7N. t -! i 1 i I I I I I Y . m 0,30 1 C m y CDD CDD P. 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O y m1'C • p 900 , y C N(D p• .. m m. CO p' y C .Ac m. cD m m y W ig � aa,g2 § pwQc2o a� w$ (M„o a ��5op '�`< a.p .- (D ° y a n(D•, ... C (D a p (Ai, ".(D aig m OWD p `C ""p m A m y y e. m fD s C n m (CD m a C °" m .. A m a •t a (D m p„0 p,.C !'�• fmis C � Ca b.CcD < a. . Cma mo.a' ny .c �' i � � �' •°1vmiC ..... 0 C " 'Z.-. C) .1 a - ° •1 w'<CI ad 26 N m .".. o O O.m O• p m 0 m < m m CA .-0 ►" 0 a a m .1 ►,,(y p p cg a m 000 m T p w. 0 �. (m^,D 0 a m boo id.' CD O.. t (P + "`"•A NEWS CLZPPCIG Source: DQ ( (rs AA n i f �, Q ,. Ai � Date: (Q"--I a , , i I Rezoningrequests .,- : . ,. e uddl i e o cials ::.,,,.. ... , Iti .. 1 Southlake panel denies 4 of city's 5 proposals , By Joy Dickinson properties from generally coin- I Staff Writer of The Dallas Morning News mercial uses to single-family g amizr rest-. SOUTHLAKE—Public reaction dential and limited-office us18 t n- to rezoning requests Calk range Commissioners turned down four from indifference to outrage,with of the five requests flat,voting`to planning and zoning commission- deny NI- _ - ers frequently stuck in the cheer-_ ,_ -Rezoning on the fifth tract, a less role of referee between those 14-acre plot at the northeast cor- who want change and those happy ner of Southlake Boulevard and j with the status quo. Peytonville, squeaked through Five requests before the'com- with 4-3 approval, with dissent by mission at this week's meeting,g commission chairman Joe Wright I however, drew remarkably simi- and members Lanny Tate and Rob _ lar responses from just about ev- Jones. That land is owned by eryone involved: utter bewilder- Grace Presbyterian Church and went. t r. The applicant was the city of Southridge Center. Southlake, requesting changes on The down-zoning actioris'drev 1 five properties totaling 82 acres ire from property owners, who • along Southlake Boulevard be- said their land's current commer- tween Carroll and Peytonville aye- cial zoning fits precisely within nues. the city's comprehensive land-use_ . The city wanted to rezone the Please see LANDOWNERS on 7N. 0 V C V , 1 st 15 � a �° y ° em � m ° e oco o y :c 000 0' .r. m=.. Cr t7 O 'C A ' m C ^. CA 0 o m p CD tr.' d O '�.� _ .1 O O O p'C c�D °Ot! i .`. p y �y 01 n p A t7 b - 0, ;'— Cl, v, (D eCD m Qq i C :57 Si m x 0 0 CD CD y ° y 0 ° ° 0. •. `C 0 .. i O m f.,D y pcD � pcD "' ppar �„gamxy •fD, up, , o. y5 � ga.c �q' ycD DO mti .‹.4C0 CO 5 . m • obowmCDD °'m0 CD .. m amCDD O O. m O 0 (D C t7 .y CD y cD = p' iv, G7 p o«t y 'ije�y a, -C ti4' .1 ~`C m 0' .....O,y `y p fD C fD a P O .-1 tom".. =... 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C Fj,.1 mp = mc�D BcCD7 '71010* 00 Opo � : att;� ° NEWS CL.IPPGYG s Source: Nt W if Ti Irn c,S — Date: — P&Z board designates . I G a new plan for zoning 1 byRyan S. Otto stated by the commission,but two The Planning and Zoning Com- disputed details in the ordinance mission voted unanimously last kept it in the discussion phase. ' Thursday to create a new nonresi- "I would like to offer a compro- dential zoning category for as- mise,"Edmondson said early dur- sisted-living developments. ing the hearing. ' i "We talk and we talk, but we And although Edmondson's i keep coming back to the fact that compromise from eight to 12 liv- we need to make a new zoning ing units per acre received no op- I category," Commissioner Debra position, land-use terminology Edmondson said. made it almost impossible for the Discussion about such facilities commission to determine a zoning began earlier this year after sev- category for the ordinance. eral applications were filed with Originally,some members of the the city. commission expected the ordi- i Having no zoning precedent nance to provide specific examples upon which to base the applica- of property types on which an as- j tions, the commission placed a sisted-living development would 120-day moratorium on zoning ap- not be appropriate. plications for managed-living fa- "My understanding was that we cilities in order to establish build- were to come up with stated rea= ing regulations. sons not to allow a development, "Our purpose is to attempt to add not a prepared list of design fea- additional items to the approval tures,"Wright said. itinerary," said Joe Wright, chair- But rather than accepting site man of the P&Z, to the commis- plans for assisted living facilities • i sion. on plats already zoned C-2, C-3 ' Zoning Ordinance No. 480-Y, and 0-1 by special permit, the an item of consideration on the commission decided the applica- May 8 regular agenda,was created tion process should be more of a to provide specific design stan- zoning issue than a design issue: dards and development limitations A new non-residential zoning for managed living facilities as (see "Board,"page 2) i 0 , . • w C) 0 rr. 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CD �p N = fD `'p fD `.S E. o " Pr g. 0 y Cr o fD 0 a, o 05. a .e ; O. co x`< C.. o 0 o ., ' a a'' c 0 .. o go 03 CD M 2 a 40 c� N P. < a cD O A + ►D ` w o 0 ?r . aaw a4.. 5. <I I y -, 0 0 0 5• � y o ?; N w 0 C n CCD w w CD o 0 _O. vi 0 5+BCD = at) • �' o °- C CD o "0xw o y. t N• cr = a ' T ' o o- w5 = b 0 `< w' r 5 . w • a w . wo a o w , co k< ~ ? 8 O < .�i co O 5• = O 2j <. 0 O rn 1 YEWS CLiPPLNG Source: ► e V I; L pp,�, ��m S Date: 5 - 1 t,( - 1 6 1 6 Cityadds . ` Solana's land area , News and Times j The town of Westlake acted.to 1 disannex Solana and release its I extraterritorial jurisdiction over the business complex to the extrater- ritorial jurisdiction of the city of Southlake on May 8. ,- a} r 5 The disannexation was a request' of the partnership which owns So lana. • The city of Southlake is respond- ing to,the request by Solana to immediately act to include the (see "Town,"page 3) i 1 Town The Southlake City Council traterritorial jurisdiction and t< from a e 1 voted on May 8, 1997, to accept initiate steps to annex the area. '° 9 the extraterritorial jurisdiction re- A portion of Solana already lies 1 business complex within its own leased by the town of Westlake,to within the city of Southlake's ex- ` boundaries. include the area in Southlake's ex- traterritorial jurisdiction. I i NEWS CLIPPING Source: u jui3 c LNYL1A j , Date: iti.eicii i: !, A diesel fuel incident : , causes hazard in SL 1 News and Times Agency and the Texas Natural Reel The Department of Public source Conservation Commission' Safety of the city of Southlake re- were both contacted regarding the' ceived a call in reference to the incident. Investigation reflected: smell of diesel in the area of 700 that the company utilizes'diesel I S. Kimball Ave. on May 7. fuel to spray on its cement pump- Upon arrival, members of the ing apparatus on each of its trucks. fire services division discovered a This fuel was allowed to run. significant environmental hazard onto the ground surface and flow because of both a current large into a nearby watershed,covering: spill of diesel fuel and a long-term a distance of approximately,500,i uncontrolled discharge of diesel yards. A significant area is con fuel into a watershed area from the taminated with the fuel and sev- Pumpco Company at 768 S. Kim- eral large trees were observed to , ball. be dead, presumably as a result of I The Environmental Protection (see"Fuel,"page 3) i 1 • 1 I Fuel 1 from page 1 t ! Iexposure to the fuel. I Southlake officials will be work- ing with the EPA and the TNRCC to address the violations by Pump- co and the cleanup requirements. I 1 , I i 1 YEWS CLtPP1NG n r� �j vll1 Sour cc: Q\J\ \� �� J Date: 011 N Tuesday,May 20,1997,1 Southlake council expected to approve ppr Solana annexation today officials say ', .. , BY MARISA TAYLOR Solana is a financial gold mine, under a 15-year-old agreement s -Tel ,s�writer officials said. The utility agreement is ex, . , i SOUTI LAKE—City Coun- The question of property taxes to remain intact,Unger said. t I cil members plan today to con- has not been addressed, officials Annexation also could pro • , sider annexation of the Solana said. Westlake did not levy a .Solana with stability by inc• ••; office complex cast off earlier property tax, and Southlake will rating the entire office compl this month by neighboring West- not discuss property taxes until a into one city, council mein, 1 lake.The move would more than` final decision is reached,city said. - ` ` double the size of Southlake's officials said yesterday. Solana "just wants to be • largest economic asset. A tax abatement is not being of our city," Southlake Ci Acting on the request of the considered,several council mein- Councilwoman Pamela Mull ' owners, city officials are deter- bers said. Southlake's property said. "It's easier to deal with o• 4 , i mined to acquire the abandoned taxes are 42.2 cents per$100 of city instead of two or three." '''' 507 acres of the Solana office assessed value. Also tonight, City-Count 1 complex,joining it with the esti- In Fort Worth, property taxes members are expected to tak , I mated 393 acres of Solana are 95 cents per$100 of assessed action on the rezoning and co already within Southlake. value,and the specter of possible cept plan for Tract III of thew:, "There's no maybe. We're annexation by Fort Worth might erra Timarron, which is" 4 going to annex it," Southlake have prompted Solana to seek approval for commercial or resit; City Manager Curtis Hawk said annexation by Southlake, said dential development on Te yesterday."We're taking the right Roger Unger,,district manager of 114 near North White - steps,and we're set to go." Trophy Club Municipal Utility Boulevard. ', ". 1 The Westlake Board of Alder- District, which serves the Solana Some questions remain unre- ' men voted May 8 to disannex the complex. solved, such as a proposed 300- F $105 million complex, which Solana would probably prefer foot setback along Carroll... housed the Town Hall, the personalized attention offered Avenue, but the ordinance is Solana accounted for about 95 by a smaller city,Unger said. expected to pass easily, Muller percent of Westlake's annual "It's the old big fish in a small said. income. Solana officials did not lake vs. a small fish in a big "There are always residential return phone calls yesterday. lake,"he said. concerns of the unknown," she With high-profile corporate Solana pays 30 cents per$100 .said. "When a town is growing clients such as Levi Strauss,Citi- of assessed value in utility taxes so much,there are always differ- Corp, Nokia and Wells Fargo, to the Trophy Club utility district ent viewpoints.". I I I NEWS CLIPPING Source: Fort Worth Star-Telegram Date: May 21, 1997 kHoreDepot too n Southlake store. SOUTHLAKE—The Home Depot is officially opening its new Southlake store tomorrow The store,at Texas 114 and Village CenterDrivei has.1�0 associates,and covers 103,000 square feet plus a,,20 000-square-foot put, •door garden center"The store will have a;soft openmg"'today;"we re., .delighted to be here;.said Manager Ernest Baidoo:"The anticipation by our customers has made us feel very welcome.What's mole;we've been able ,3o hire 96 of our associates from the local economy,which always makes coming into a community more of a family affair"The store features higher ceilings,allowing for more stocking area and has separate lumber building materials check-out lines.The Southlake store will be the Atlanta- based 4' chain's 538th location.The company plans to open 111 stores this year and 500 more over the next four.years. NEWS CLIPPING Source: Dallas Business Journal Date: Week of May 16-22, 1997 Mercedes-Benz credit division staffs up for major expansion By RUSTY CAWLEY Staff Writer Those savings will help debis become WESTLAKE — Mercedes-Benz Credit immediately competitive,Reed said. Corp.is taking its financial-services divi- In addition,by centralizing its staff in sion for car dealers nationwide, a devel- the Solana Office Complex in Westlake, opment that could debis will be able to double the division's control the quality of 25-person local staff 'So far, no one in its customer service, by December and he said. give it 200 employ- our industry has "So far, no one in ees by 1999. found a way to do our industry has found As part of the what McDonald'sa way to do what expansion, the divi- McDonald's does: sion, called debis does ... standardize customer Financial Services, service from office to —Brian Reed „ will offer careers in office, city to city, underwriting, data debis Financial Services Inc. Reed said."Technolo- entry, collections, gy allows us to keep customer service and our customer service where we can see it sales. The additional workers in those and control it,right here.And that means fields will support dealerships that join we'll do a better job than our competitors the debis network,Tarrant County-based of giving dealerships what they want." Mercedes-Benz Credit said. And what do they want? Focusing on new-car dealerships out- "They want contracts that appeal to side the Mercedes- customers, and they Benz family, debis want a quick re- Financial will compete sponse,"he said. directly with"captive" !!!:12debis To start,debis will auto-credit companies "___ Financial Services, Inc. target the 340 Mer- like Ford and GMAC cedes-Benz dealers —as well as other out- nationwide, Reed side credit sources such as Chase Man- said. Those dealers have stakes in 1,400 hattan and Primus, said debis Managing other auto franchises, from Acura to . Director Brian Reed. Volvo. For example, Beck Imports in Rather than opening branch offices,the Bedford owns Prestige Ford in Garland, division is hiring,individual representa- the largest Ford dealer in Texas, Reed Lives to sign up dealerships, Reed said in said. a May 12 interview.These representatives "We're trying to build off the good will work out of their homes, allowing relations we already have with Mercedes- debis to hold down costs. Benz dealers,"Reed said. Southlakeproceed s, . ..,„.., ,, ..„. 1 n with talks on Solana Peal" Z BY MARISA TAYLOR prime property." Star-Telegram Staff Writer SOUTHLAKE — Despite Westlake's embattled Mayor objections from the Westlake Scott Bradley showed up to Board of Aldermen, Southlake protest any Southlake move ; City Council members went toward annexation. 0 ahead with discussions about "We just want to be on the whether to annex a multimil- record that we are opposed to lion-dollar office complex. the annexation,"Bradley said. Southlake City Council met Westlake Alderman Abe Bush . last night to talk about a first said he had hoped Southlake reading of an ordinance acquir- would wait before formally ing the $105 million Solana office park, which houses high- acquiring Solana. ! profile clients such as Levi "We're just trying to protect •; I Strauss, Citicorp, Nokia and our rights as a town,"Bush said. Wells Fargo. "We're asking our neighbor to r No vote had by taken by 11 stop and slow down so we can ; p.m. get this answered by the courts. y The discussions came after I don't think Solana is going to Westlake officials scrambled to go anywhere tomorrow. Every- ; obtain a restraining order to pre- body's greedy." +: vent Southlake from claiming A lame-duck Westlake Board 'I a, the office complex. However, of Aldermen voted May 8 to dis- state District Judge Bob annex Solana, which housed its ; McGrath declined to issue the Town Hall, dumping 95 percent O order. . of Westlake's annual income. 1 McGrath said his decision The vote came one day ; was based upon "representations before the board yielded power of attorneys for Southlake that to aldermen elected in the May 3 they were taking the action to municipal election. the exclusion of other neighbor4 - ing cities" that could annex That board has since moved a 41, Solana and not to affect West- to block the disannexation, vot- s P lake. ing to overturn the action and rt Officials have said that filing a lawsuit. Solana's owners do not want the Solana owners made the complex to be annexed by Fort request for disannexation after LP Worth. the previous Board of Aldermen Southlake City Council mem- had voted to disannex most of bers expressed little surprise the rest of the town, including about Westlake's actions, but the homes of four aldermen and they maintained that the issue their appointed mayor and Ross will be resolved in Southlake's Perot Jr.'s Circle T Ranch. favor. " Westlake has no property tax- "We're proceeding according es, although Solana pays 30 to what the law allows," South- cents per$100 of assessed value lake council member Scott Mar- in utility taxes to the Trophy tin said. "I know others may not Club Municipal Utility District. be happ/ with the annexation. Staff member Miles M4feit ... It means a great deal — it's contributed to this report. , w g' 2 aE c =- o.b 3 '• Et. < F. a2 v.CD PC pCD tag. 03) WI re O OO la) •� 77 0 • a c o d c liC Pk- cn �D p o �. 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S . .�cAfo S - - 0ow a co O . = . a CD a CD y CD cn � gc " C CD O. E co CD co .....9 .�+ CD r'! (D A, O _, CD y y cD S c'' 3• CD0 ° � 5• " cD � cD , I - ., ao 'd a 1 .s CA i_ � � N II r co o, 0- coo °. O th... /10,_., 'V 2 - o =- in m y p.- a n. ,; �, * o D C ..1 a' C 0 a 0 01 I GnC A, CD . O OCVo O ? co 0 O ^C CD = O ►n .. ,-+ t7 O n ►-i a ;_:, O 'b a. 0 = Bea) �nav- �• n � � ci O C. c . 0. a- A '• a *° F w Xm cu� 0a any CD CD cp = `'' .. O. 2 O •n n $ .1 %I 0.c * 0 O O O' N V S a: n '+ O v 0 0 0 Cig = 0 0 5. _, 4 L ,7 7 b"-. O a a, y G n n• 0n. � O. y • CID O a, � v m C • CD O 0' a, ar n �, CD y = a� 0 . c. xn . - Co O. o am n 0 CO -. 1/3 al _ • Si G.�• '~' O coo r. 0 7 F N a O •Cr A m io O co cr ?; n Uill V, fA Fj', i"I VI n• nUF v• a. 0 . O -t `O la) ..• O. Pm+., < < F. cr CD CD CO w A; a O .+ CO < E• . o • b7 aW n o CD /� 0. C °: oo Vr/ NEWS CLEPPENG Source: T\Al ource: ' ' '(, ) �,�� J r��✓Y ' 1. Date: C? -!21 9 Agencies hear i deas ,, for traffic solutions I, 1 , . BY ANDREW BACKOVER I Star-Telegram Staff Writer I. In December, regional trans- portation officials unveiled Mobility 2020, a plan to meet the transportation needs of North TeXas well into the next century. ":: Yesterday at Grapevine Con- vention Center, they asked area residents,city officials and mobil- ity experts how to meet those needs. "We're not going to build our 1 # way out of the problem we_have here," said Dan Lamers,principal 1 transportation engineer for the North Central Texag Council of Governments, which co'hosted the event. The council and the Texas Department of Transportation had two public hearings yesterday to kick off a study that is the first step toward implementing Mobili- ty 2020.The transportation plan is a blueprint that the two agencies will use to determine how trans- portation dollars will be spent in the region for the next 23 years. Possible traffic solutions ( ) \f(More on PLAN on Page 6) or , i.40 m q°o, 5. op �3 Cy.° �� < 0 ;- s - 00 cA ((pp _ AD y A �' E. ... O d.A, N aC.`< : y"' A f9 A . 5' O 3 0 O y C' Q o. — 3iD ° oo. - a. 5 11 cD ti A ",7 o a. 5ap ato 0 a aA, c� o iD CD 0.0. CAD s I "••- cr`( CD =.. z =.1--ap a•�. ap tare w<< aA p O < NO a, ° 2. 0.0" F b 2s7 rA -i.q ^' g, CA " -, +D D aO CA CDst, CD ` p7 - ' ° 0 2 Arm �•= !',bQ.~.. y f�D y y pq co a0 ."y =?Q -o 9 O 0 .<... ._ .10 a'c� ao 0 D ar,y o. ..• 0 50o `< 74 < cD C .A» § . r: h , t, , CD C ,. y °,N 1 +N I 5 ,,-§• °,g °» a,' 0 Cep C C y'0 oc '+ 0 0 C<D 0 coCD p A, C9 G. 0'L7 g a.cD 5 CD CD °- .1 C)a .. 1. '�Cn C CL . B ►y "0,U Op 0 7.„�C p, >t `J Ai A, CD 4 i „ C6 CD , .. CD 7 A, a.A C'1 �'a.CAD 1. ►°•A "=J• ,�.. "-' CCD cn HD c,, d 2 C ' o C '•. — y <• CD 0 - "ow I CD mo�'yy'a :+ a o•5'� <n�0- ' < g- fir: 5 cD c y ° `A N•) A' f- a.a. CIQ coor,, o „ , �D a. ►; ° •°05.C/, ?; C . =.�•p. F'° 2 PO' EL a,c O c9 0 y CD O _ CT Vj 17 CD CD A, y f• C' Ui1flri a.ap Nr" . N "q t1 A, g•, O cD CD C § to 1.yotl =a. s F C cD MI _•CD 5.. CAD < g c �� t c<D a.< N A.� py = .1 A0 ..• 9" CD Ci r", cD n. Q'_..a V NEWS CL1PPLYG Source: ' J W Q�� ihi\ Date: i_ l 'L: f, Y Southlake teacher seeks to reach t all students with hands-on lessons! !' BY GINA TEDESCO cerned that I would have a diffi- Special to the Star-Telegram cult time with book learning," SOUTHLAKE — Debra Heath said. "I just wasn't sure I . Heath said she wasn't exactly a could learn from books.Anything bookworm when she started col- hands-on,I could do." lege. Reading class textbooks — But Heath said college began that just wasn't for her. And she to grow on her. wasn't crazy about spending long "I learned that I loved learning, hours in the library. and it's exciting to share that with i But as time went on, Heath kids,"Heath said. found herself wanting to become, Now, one bachelor's and two; j of all things, a teacher.There was master's degrees later, Heath is just one problem. A huge prob- learning what it feels like to be lem. recognized by her peers and her "When I first decided to community. The fifth-grade sci- become a teacher, I was con- (More on FOCUS on Page 14) • 1 0 V\C- C rsr' a• ►�q Cr a'-9 ° CA CD ACD0Cit 24 � C ^ ^ D en) , iskjilt .., < 0 , , 00 ,„ , . . . ...0 , CD � o:; aew.wA)�•� y. � `^• o � _ o �. (to CD >enc °cn , a • gG O O O ,.. ??R_ 0 F A C A 0 c d A = g pp w G. F CD B A S�1 p y A r ficoo E. m O : 5. F {4Oao 0 no aC CCDD �-cji �'� • �c.� o y �� y 00 d �.,� `< o g o e.. a 5 9 °' •D• c9 a °' .. mot. 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A sports 1 November 1996 through those surveyed have children stadium came in at the bottom February 1997, a citizen survey living at home. with 54.2%. • was designed and administered • Residence Location: 69.3% of the by Public Management 40.5% live south of FM 1709, respondents favored a jointly Associates (PMA) for the City 34.5% live between FM 1709 owned, financed and operated of Southlake. This survey was and Hwy. 114 and 25% live . library with the cities of. the second one conducted by north of Hwy. 114. Southlake, Colleyville and the city, the first was in 1995. City Services Grapevine citing cost savings, 5� are The �C The results of these surveys y first series of better resources and a larger a used by city officials to gauge questions the respondents were facility as their main reasons for Cl the attitudes of the citizens and asked concerned city services, favoring such a system. to identify areas where resident including: Streets: The majority CJ ' expectations are or aren't being • Parks, Recreation & Library of those surveyed (51.9%) met. • Streets believe the condition of the The telephone interview •Code Enforcement streets have gotten better over I S format used by PMA was •Garbage Pick-up&Recycling the past two or three years. designed with the assistance of o Public Safety 25.5% think they are the same ! ?"\-- city staff and the city manager Parks and Recreation: 42.6% and 22.6% believe they have and resulted in 698 useable indicated that the city needs gotten worse. ,0 interviews from a random more of these facilities. The Code enforcement: selection of adult residents. The four facilities garnering the Programs controlling outdoor _ survey has a +/- 4 percent most interest are neighborhood burning and abandoned margin of error. parks (92.2%), hiking, biking buildings received the highest • • Income: 56.5% had and equestrian trails (86.5%), marks in the "very effective" (/) incomes over $100,000 and undeveloped open space category, while high grass and — $5.3% had incomes over (83.7%) and soccer fields weeds received the lowest in the d (81.7/o). same category. A higher cZi • Education: 87.4% had Respondents were also percentage of respondents • some education beyond high asked if joint projects between thought that code enforcement school, while 63% had a college the Carroll ISD and the city was only somewhat effective in degree or post-graduate work. were appropriate with 92.7% the areas of high grass and • Employment Place: indicating they were. Of the weeds, non-commercial signs, rio 48% work in Southlake (25.4%) eight possible joint projects property cleanliness and litter. or Dallas(22.5%). respondents were asked to rate a Responses were neck and neck 1 • Length Of Residence: library (88.8%) topped the list for vehicles for sale and illegal • 51.1% have lived in Southlake followed by a combined city dumping. less than 5 years, while 18.3% hall/school administration Garbage Pick-up & have lived here for more than building (86.3%), recreation Recycling: 94.6% reported that 10 years. center (86.2%) and additional see"Survey" page 2 o\ie r -- Survey south of FM 1709. rating them as excellent (58 2* Of those who responded or good(33.8%). . from page 1 that one or more of the services When asked to consider needed much or some a tax increase, increase in they were very satisfied or improvement street maintenance development or a combination of somewhat satisfied with their (57.1%) and storm drainage both to maintain the current level trash collection while only 1.3% (51.2%)were rated highest on the of city services a large majority said they were very dissatisfied. priority list with street lighting (62.3%) preferred more;* 89% answered that they (41.9%), sewer service (46%), development, while fewer participate in curbside recycling police service (45.3%) and fire (30.7%) thought a combination and of those 73.1% are very service (49.3%) also receiving was better. Of those supporting satisfied with the program. high priority ratings. development the preference was Public Safety - Police: Citizen Contact & Information for full-menu restaurants(74.7%), 33% of those surveyed said they The following set retail stores (70.8%) and contacted the DPS for police questions concerned citizen professional services (67.9%). service. 68.8% rated response contact and information. The least amount of interest was time as excellent, while courtesy Respondents were asked whether in fast-food outlets (25.2%) and and professionalism were rated they had called one or more supermarkets (26.7%): excellent by 78.9 and 77%, departments within the city and Low density develop- respectively. 79.3% rated police 45.3% reported that they had ment (64.8%), design and patrols in their neighborhoods as contacted the city for one reason appearance regulations (61.4°A) excellent or good. or another. The Water and comprehensive planning Fire Services: 4% of Department (16.1%), City (48.2%) were the reasons most respondents had contacted the fire Manager's Office (15.4%) and often cited as the factors department with 67.9% of those the Planning and Zoning distinguishing Southlake as a rating the services received as Department (10.3%) were the place to live. excellent. 7.5% reported most often contacted city offices. A majority of contacting the ambulance service Of those reporting respondents (70.7%) have access with 61.2%rating it as excellent. contact with the city 69.9% said to a neighborhood association and Overall the DPS was that their problem was resolved attend the meetings (60.9%). rated excellent or good by 92.6% and 94.7%said that city staff was 83.9% indicated that they were of those surveyed. courteous. Overall 19.5% aware of the city's SPIN program Service Improvements & responded that they had difficulty and 82.7% said that the SPIN Priorities reaching the office or person they program was of value. The next series of needed to talk to. Conclusions questions the asked had to do Quality of Life and The conclusions drawn with service improvements and Development by the survey indicate a high priorities. The four areas The final series of overall level of satisfaction by the indicated as needing much questions pertained to the quality general public. Residents seem to improvement were street of life and development in genuinely like the quality of life maintenance (30.1%), street Southlake. The largest found in Southlake and are active lighting (23.6%), storm drainage percentages of those surveyed in neighborhood associations and (12.6%) and animal control said they moved to Southlake SPIN to preserve that quality. It (10.2%) topped the list of because of the schools (29.5%), seems that the citizens of services. As might be expected rural atmosphere(26.4%), ease of Southlake are quite satisfied with location of residence was access to employment (16.5%) their community and the direction statistically correlated to the and housing quality (11.8%). the city is taking. respondent's answer. Sewer, for The people were asked to — instance, was rated as needing rate their neighborhood in terms much improvement by 19.7% of of condition of houses, streets and those living north of Hwy. 114 landscaping with an and only 3.1% of those living overwhelming majority (92%) " • .0 cro ; : III9 > y co 13 Cil oPI.Vl Q m ' .,• b7 y 'o a f '_ O < Oc' D O .. ca.y 3 � � a � illa• CA •+ 0 •-• p O S SW O "3^' 0 •••� � fD 7 0 � .- 00 a'< CA iD al O iD• a y Ai 0 Oa. w-cs C• 4to. 'C eill `< 00 co 1 00 go a• `n t„ '. �' 0 " S O C � O. y A, A - .a CD O O gi fl- N CD O. �0Q• l - OQ. C c(o O Q' 0 0 w r. A O ) '. aL/ / O Cam• 3 ,.. O C -pi (DD S a• C1. In CD `< a a (D vi LU 'C C 0 = O H .q1. C Q p C 3 S.AG 'Af .I ""• Vl' 2 H col CD A , fD A AI el" 0 2 0 o (.03'kt p' C. R _� A, 0 y (D C 7 0 _ CD A O O 0 ((��� O fD N O a. A 0 CND O -. Cr CD a. .. A3 >-G a- oci .•. Ca O y ' y C• ems-. W (, Cn t„ A = S _ .S A• A p r. A G A7 - `� 0 —a'ep_.• fD 0 = aC W G fD Imo► j VD i ! ay C. a. '1' T d 7 A cr X E. y' a O J I . DJ = r. - A� p • ? �O . Al S 0 C i ' a. a. O w O. cat" CD O -f q '00 B. 3 CCD 'O CDD fr. 0 d A •• 0 ChL •' O 'et, CD CD §. y.0 n fD CA 03 wt 0 to `//7 ���--'yy O � v'. O- vyi p '�.' y V ......jc.)Th A z CD o a `° -0 3 0. co g c a 0 sE � c� 'd C y a4 • O= go ° s O A p A .t rD L�D Ur CD ° y C \a A Q P _aCD 7 y Er • Fert OS CDpry G. C 0 ,-. 0 • A�1 W CD CD 00 ii VI ,.. ..► Council from page 5 Due to a large flat canopy proposed to cover the drive-up lanes several council members were displeased with the plan. "It will be bad when a gas station looks better than your bank," said Martin. It was also disclosed that the one lone oak tree that stands on the site will be cut down. Ken Smith received rezoning on two portions of the land he has been seeking to rezone light industrial and office. The property is between Commerce Business Park to the east and Whispering Woods subdivision to the west. The Council also gave preliminary approval to a plan for office space and a self storage facility proposed for the southeast corner of Southlake Blvd. and Crooked Lane. NEWS CLIPPLNG Source: 30 f 116, r e Pi ci rcs5 Date: - C' Council passes first reading of one Solana annexation ordinance Progress Report deemed it necessary to push ahead with the new ordinance At their Tuesday, May as a precaution. "We' are _ 20 meeting the Southlake City responding to the wishes of'the Council unanimously passed the Solana property owners," said first reading of an ordinance City Manager Curtis Hawk, annexing the 480 acre Solana "it's happening this way property on the western edge of because of a lot of different town. The second reading of the reasons." ordinance will be during the Scott Bradley, former Council's next regularly Mayor of Westlake, who was scheduled meeting Tuesday, removed from office by the May 27. "old" Board of Aldermen, but The Council also passed reinstated by the newly elected a resolution adding the fourth Board of Aldermen attempted to Tuesday of each month, through get a temporary restraining August, as a regular meeting order to halt the ordinance date. "All summer we will be going through the budget see"Solana" page 6 process and along with our already full plate we felt we needed the extra meeting each month to move through it smoothly," said Mayor Rick Stacy. As far as annexing Solana, the city had already set up public hearings for May 26 and 27 at 6:00 PM both nights at City Hall, on another ordinance to annex the site. The 1 readings for that ordinance will be June 17 and July 1. \ _c However, due to the pending litigation filed against Southlake by the Westlake Board of Aldermen and other circumstances city officials Solana from page 1 reading, but it was denied by State District Judge McGrath. "If it seems redundant to have two ordinances that accomplish the same thing it is," said Hawk, "but because of the law suits and the other things going on we have to do what is best to protect the interests of the citizens of Southlake." So, the City will go ahead with the two ordinances annexing Solana, if you are interested the next public hearing will be Monday, May 26 at City Hall at 6:00 PM. '' ~' n a tit.04, SPIN Z 41. SPIT News Recycling Checklist Trash Collection Effective May 20 of this year, Laidlaw and the City of Southlake expanded the Laidlaw offers new services to curbside recycling program to residents effective May 20. include the following: Special Service - Garbage for ' Metal Cans - Rinse and place r elderly and disabled residential in bin. C • Aluminum Cans - Flatten to' customers certified by the City C' will be collected at of behind save space in bin. -14 the building line, instead of • Glass - Clear, green and G being collected at the curbside. brown bottles can be placed in Pick-up location will be agreed the bin. No mirrors, window 4— glass, plate glass or light bulbs: to by the customer and Laidlaw. Take-All Service - This • Plastic Bottles - all plastic; provides for the collection of all bottles with recycling symbols, items placed on the curb as long #1, #2, #3, #4,#5,and#7 can be as the items are containerized in placed in bin, rinse and remove 1 { � a can, bag or box. Additionally, lids. �J construction materials from • Newspaper, Magazines & repairs and remodeling will be Catalogs - Place DRY i picked up curbside, along with newspaper, magazines and brush and limbs, as long as catalogs in the bottom of the bin these items are containerized or (to prevent blowing away). . tied in bundles not to exceed 50 • Junk Mail, Cardboard & • 0 pounds in weight or four feet in Household Paper - place all length. Bulky items such as junk mail, envelopes, cereal " stoves, furniture, water heaters, boxes, cardboard, chipboard dishwashers, etc. will be picked and any other household paper (1) up on normal collection days products in a paper grocery bag 1 when placed on the curb. and put beside or inside bin. N Stockade type fence panels These loose paper products , �1 must be cut into 4' x 6' sections need to be separate from other . V_ or smaller and loose pickets or materials in the bin. NO tissues, , slats must be tied and bundled. wet paper or paper (� NO CONTRACTOR contaminated with food �/ MATERIALS WILL BE products will be accepted. All COLLECTED UNDER THIS cardboard must be broken down SERVICE. to fit inside the bin, larger boxes For more information, may be placed underneath the call Shani Ihnfeldt at 481-5581 bin, only flattened boxes will be} ext. 771. accepted. NEWS CLLPPC4G Source:��� Q � k , 00 Date: Annexation . • of Solana is • , questioned_ . ; by Ryan S. Otto As residents of Westlake wait for ! the court system to decide the fate of the town, Southlake is prepar- ing to pick up the pieces. "If Southlake continues with the annexation procedure,our view is that we will become a part of Southlake,"Solana representative Dwight Smith said on Monday. But against a backdrop of oust- ing,vetoes,lawsuits and court or- 1 ders, the city of Southlake is tak- i ing no chances. Extra precautions are being followed to ensure that the Solana business complex is. annexed properly. "We're really following two I separate approaches to annex the i land,"said Sandy LeGrand,South- lake city secretary. i One of the annexation proceed- . ings,ordinance no.676,was acted . upon during Tuesday night's City (see "Solana,"page 4) • 0 \I -)\(. i Solana from Halcyon Associates,thepub- lic relations firm represen4 g a, from page 1 Solana. Council meeting. In its first read- "If [disannexation] ac o is ing,the ordinance was approved. t '- g pp passed,it is Solana's intent�o im- "We're following the legal pro- mediately request that the city of ceedings," said Tracy Southers, Southlake immediately act to in- Southlake's public information elude Solana within the city of officer. Southlake's boundaries," the let- The ordinance states that within ter stated. 60 days of annexation, the city of The letter was the first official Southlake will provide a variety of request Solana had made to South- services to Solana, including wa- lake for annexation. ter, waste collection, emergency "At this point, somewhat sadly, personnel and general infrastruc- we can't go on this way," Smith ture maintenance. said on Monday."With the current, The second reading of the ordi- condition in Westlake, Solana's nance is scheduled for May 27,but future plans have a higher likeli- city officials expect no opposition hood of success in Southlake." to the annexation from within The 468.6 acres of land was Southlake. disannexed by Westlake on May 8 The second annexation proceed- and accounted for 95 percent, or ing is similar in that it requires the about S700,000, of the city's tax city to pass a resolution, call two revenue. public hearings and approve two Since that time, newly elected readings of the proposed ordinance Westlake aldermen have attempted by the City Council. Many of the to block the annexation and re-in- discrepancies between the two state former Mayor Scott Bradley,-; proceedings are simply a matter of but some officials fear that a final dates, filing and announcement ruling could take months. procedures,officials said. "Our posture on the issue is that "I know it's confusing,"LeGrand Solana has been disannexed," said. Smith said. Public hearings have been The remainder of Solana's 900- scheduled for May 26 and May 27 acre mixed use development is al- at 6 p.m. at City Hall. ready within the boundaries of And although Southers said the Southlake and serves as the city's process of annexation should take largest economic asset. about 60 days, some officials If annexation is completed, all speculate that Solana could be an- of Solana's 1.8 million square feet nexed as early as July 4. of office space will be included in "We're just trying to cover all Southlake's boundaries,as well as • the legal bases,"LeGrand said. the Village Center,which includes Southlake took action to annex hotel,retail,restaurant, education the Solana development after the and recreational space. city received a letter dated May 7 Citizens surveyed about SPIN • 82.7 percent of surveyed residents said that SPIN was of value. • 29.6 percent participate in SPIN meetings. • Participation is more likely among residents who have lived in Southlake between six and 10 years-37.8 percent. • The City newsletter is the most effective means of introducing°; SPIN to residents. ' • The City newsletter is the most effective means of introducing SPIN to residents. 1 cii • c c o CCD °' ° c `O F m 0% w t..) 0 3 r, p, t''' • nil n C • y a- uJ n IV_ il p CL lD co 0 v^i =..0 G. O 'CD ° ° D A^ a p �_• < \/1 r1 u ° ° W O = ° O ° C (7 gH "0 CZ CA ° < nO . so _ aO n O " i, 0 co a. O CIA p O n 70 O.f_ .ynZWH -�CD • °acs o r a = n• o ` � n.., n = n < i . a a. 7" O Z. a. o < D., :0o CIO 0 fp = '`' n. < = a = oo n � v, n ^ sy ' Mww n� � a. ] 4 '° ' • O ca '� c ►, o a X ° ^ f9� AD aco s mcD 'a = iD ° D ° ca. a c • a c c '° ►i mDi CRA • 'O pr CL p as • n a' _ ° n Et. y C c°D n > 5.2 C v' p 0 a, a 0 0 Fp. cm_ _ o = w a = CM w n `< n y et) WUU fl) aO D• a. • ` j ~n i `< 0 ..- to w ►.` n — i'`G •" -. .., 0 a• a. a. . %; m .'v 'wv c p w O .. 'o °n w CA m o a. 'CS w O (D C"• ►s a0` ='C3 ', - ,— _ _ "la ta, co ' n _ oo O `� L2 ►e •• 'b .fl Q ? y �<, 0 d y (D' co p' O d' CD O 0 p" N_ ' sib _ c ►► p7 pi w < w = 0 co p cD p) w 0.y• CD p (rw << O N A ° Al M. CA . wO �a- _ y iur '•'•.a a. Cr v< ..., a a) w Cc a. � i 'C ..,o N.) -ci '0 a m O = y a- a ti ri, O n o C . w '► a. 0 a` ►s4 n Oo ° B. a`a • CA n 'O G. < tirn ° n `a o YtyQ O = `G << n w :0 cD .' O C A `< O ° "C1 n lD .► ? O < O p ti �+ O. O CD cD to 1 n a. CD o _ CIA 7- v, n .►, O cD w CL o 2 o c T 0 .= o E" = = CM a w ic o coCA zni co o ` cr ° = = n < ' pDO CA y a O ', o ,, a w wE c O co co ° C ` y a ' a ; P n UU ((lc,, co c- 2 � , S n = = = = _ - ya v Nn ° ° ao' `Z _a °- �a ° o a- , a+ CL pa O D., a COCC '0 0 < w o ^ v) O a oa ti °' p -, p ^ < n = a. n_ cryAcr4 �< 4. Dm m � a' , m ' OCD • n < " OC7 p J� ` LA ^ a �C a^ ° •. ' a, ", 7' a PA' a CYO D) k cD = O CD = =� G Many of the details concerning The council also voted to add a Council the development of the tract had third regular meeting on the fourth from page 1 been defined during previous work Tuesday for the months of May tural district, prior to Tuesday's sessions,public hearings and P&Z through August. This resolution vote. The new zoning accommo- meetings. calls for extra meetings during the dates everything from single-fam- But issues about buffer yards, summer months in order to work ily homes to hotels and neighbor- building setbacks and construction through lengthy agendas and in- hood commercial development de- traffic during development were creasingly long council meetings, pending upon location within the still unclear prior to the council's city officials said. tract. approval. YEWS CLZPPLYG a (V9J Source: ' L 0& 00"..A \ i �\ Date: Southlake department ._. . linking sereice groups .5 By Joy Dickinson --,� Staff Writer of The Dallas Morning News "We've seen so much community support for_ SOUTH LAKE—When it comes to volunteer and community service programs, Southlake's cup runneth these organizations, and over — to the extent that the city we want to be able to just formed a new division intend- ed to keep the fountain of good will give more support back i from surging into an unmanage- able flood. to them from the city The new Community Services Di- side." vision, created in mid-March, will —Kevin Hugman, bring together the various groups under a more efficient umbrella, community service manager said Kevin Hugman, community services manager. we want to be able to give more "This will allow us to have staff support back to them from the city liaisons between the groups and side." staff, and will let us focus more - David Baltimore,SPIN chairman, support toward these organiza- said he is unsure how the new diva- ; tions,"he said. ! sion will help the groups, but he is For a city its size, Mr. Hugman certainly amenable to the idea. said, Southlake is blessed with an "The purpose of SPIN is commu- unusual number of service organi- nication,so anything that will give zations,many staffed by volunteers. us more information will help us Those groups include Sister Cities, out," he said. ' Keep Southlake Beautiful, senior "If it gives us more people to talk and youth advisory committees,the to and find out what's going on,I'm city-school district Joint Utilization all for it. But if it just removes us Committee and the citywide South- one step further from the people we lake Program for the Involvement really need to talk to, that won't be of Neighborhoods (SPIN). good." - - "A lot of cities have various pro- City Manager Curtis Hawk first ' grams like these,"Mr.Hugman said. broached the idea of a Community I "But you'll usually see one or may- Services Division at a senior man- be a couple, especially in smaller agement retreat in January, Mr. cities like this. We're really unique Hugman said. in tl at we have all of them. . .. "I think Curtis had seen a simi- We'v: seen so rauch community . .. 0 vex supp in for these organizations,and Please see SERVICE on Page 2N. . 0 :10 . 0 o frgam a ��% a O p °c ., O o a 0vs is 1 ge ower � n or-steam 'p.011 o fa _ 2 4 .r er o '"'4,=�= 1w �'D ,r o 0 4 0 ' l�` O �Ngor• i" $ op ��z`8o0 * 'a ~►• < D„.. zw c„.4 FO .-..o o N• G DD G ,. 0. `� C OeDCD CDooCD-. eel oa00y 'd oeDa' r 0 o p 5 p• �o o'D .c ao ,� F+ �p � � y � p � 0 ^y' 8 , 0. F.,,, r p 40 ti 0 . A '0'►41 CD d A ^) o ai , " C o O m l p g'V et ,a, 'fit m o0 -- 0 0 E7 m•.. et e 0 51 8 • I! 1U1 »I a iC � C2OC O � /�/�� s g ap lY O V `� O o .Oy 1.0E10.,— VD p O`< < i� pi C d a p to O 4 C coI 'Eso `d°, CD o aaa° � o, v gyp'' cr.. o o a a«� I. Fr y N M p0 A O V 5 G 19 lap —• aOD " C E p.t 00 Cr�+ a o� Cl ty has x: 2 lansftp A to anne 1 r. Solana LH The Southlake council , will have a public hear- ing on one of the ordi- : ' nances today and a final reading on the other tomorrow. BY MARISA TAYLOR i I Star-Telegram Staff Writer 1 �! SOUTHLAKE — Hoping tO g avoid legal challenges of a pro. posed annexation, Southlake citii A officials plan to approve tw? r) almost identical ordinances t4F• • acquire the $105 million Solana office complex. The first annexation ordinancl won preliminary approval last week and is scheduled for a fi reading tomorrow. There won be public hearings regarding that annexation proposal becaus0 Solana officials waived the right, — city officials said. Or The second ordinance to annex Solana will be the topic of public' hearings today and tomorrow. The City Council will vote oi that ordinance in June and July, , Southlake City Manager Curti Hawk said. SI ' Southlake officials say they FIT expect Westlake to challenge the annexation during the public hearings. Last week, Westlake city officials appeared at the first reading of the first ordinance to argue that the annexation is ille=-- gal.Westlake has filed a lawsuit. "Because of this Westlake+ mess, Southlake is trying to mak "" the annexation as foolproof as they can," Wayne Olson, one of Southlake's attorneys, said. "It gives Southlake two ways to assert that they are complying V �\J'with annexation proceedings." :1.. The annexation would join 5 ; acres of the Solana complex fi -merly within the Westlake to - _ "" limits with 393 acres of the office''' -- —4. complex already within South'- , vo s lit-,"0-...�,.... S. y ° .y = - -0 CD C .y ° .fP O. C,gi w Y. -P. , . �r-, C Cd C:C aY < "•C'D atoCM ZcAF 7CWd° .- 1- y `< CD or.. VI CD �/L A '8 y �''p y H < y a"..0 O g, aA 0 .„•� .4 0 0 Vjo O < p�Jo < ° OCSgp�o. � o Ayct3 =c' gg C - p. . .Cy ° g.. -� A 0 D N rp� < D 's'p� p D C O C y „y l pc. En „^J,,►•A 7C'R �j a v y�...r. y .!.' ro `J r y O^O y cw -0 n ° O �, gj. 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BY MARISA TAYLOR Sur-Telegram Staff Writer SOUTHLAKE—Westlake and Southlake leaders clashed "last night about whether South- lake had the right to annex a$105 million office complex. �! .. At the polite but tense special public hearing, Scott Bradley, reappointed Westlake mayor by the newly elected aldermen, called Southlake's attempt to seize the Solana office complex illegal. "I'm here to speak in opposi- tion of the annexation of Solana by Southlake," Bradley ( ., said."Any action taken will be a Ito/ nullity, and we respectfully ask that you not take it." But Southlake Mayor Rick Stacy disputed Bradley's claim, saying Southlake could annex Solana with the approval of the office complex management. Questioning Bradley's legal authority as Westlake's mayor, Stacy said the dispute might have to be settled in court. • "We're not here to debate the legal issues ...,"he said."We're just going through the normal technical issues." - The annexation would join • 507 acres of Solana, abandoned • by Westlake's lame-duck Board . A of Aldermen, with 393 acres of •. the office complex already within Southlake. Westlake officials have estimated that Solana repre- sents about$700,000 annually in sales taxes and$200,000 in fran- chise fees to their town. Westlake Board of Aldermen had scheduled a meeting last night to consider rehiring the town's accountant and to review nine'lawsuits involving the town. But a quorum was not present, forcing a cancellation. Bradley and Alderman Abe Bush were the only board members to show up. In Southlake, no one else expressed an opinion apart from Bradley at the hearing attended (More on SOUTHLAKE on Page 13) N Tuesday,May 27,1997/Star-Telegram /Section A,Page 13; the first annexation could qu as a procedural error. By hav�` Southlake public hearing regarding the s and ordinance, Southlake could From Page 1 protect the annexation from legal attacks, experts said. According by four people. Southlake' offs- to local government codes . cials scheduled a Memorial Day municipality must schedule pt . i hearing to speed the annexation lic hearings at least 20 daj44 process,Stacy said. before annexation. to i 7�:: Solana management asked that If the first ordinance : ^,; i Southlake annex the office park approved tonight, Southlake city shortly after Westlake's lame- officials say they legally cou.14 ` duck board moved to dismantle begin collecting Solana's tax ro- the town by disannexing more enues and providing police sekt than 70 percent of the communi- vices. ty. Before the disannexation Bradley said he believes th ;a! began, the aldermen ousted his protest will do little to bloc Bradley as mayor. Bradley has Southlake's actions. .,In ' appealed to the Texas Supreme "I'm just here to make it clegii._ Court. that we're not waiving any of otji But Bradley and the aldermen rights and that we vigorously".'• elected May 3 have fought to oppose any annexation,"he said. reverse the disannexations. If the After the Southlake meeting court voids Bradley's ouster, Bradley attended the West1.- Westlake city officials have said aldermen's meeting. But aid.'they believe that the disannexa- tion moves will be judged invalid. men Charla Bradshaw and F Southlake city officials, mean- Held were out of town for while,have scheduled two almost holiday. Carroll Huntress identical ordinances to avoid legal Howard Dudley, who vote challenges to their proposed early May to disannex th I annexation. homes from Westlake, also w=-�; In the first ordinance, Solana not present. ;. ti officials waived their right to pub- The board was schedule• ;. lic hearings, which received ini- consider rehiring Charles Ha • '. ;g tial approval by Southlake City as the town's accountant. Ha •- Council last week. Final approval was among several key town con- ;i of the first ordinance is expected sultants — including the town+i tonight. planner and town attorney —:? In the second ordinance,a final fired last month by lame-d ck: public hearing is scheduled for board members who argued that: tonight. The second ordinance is developer Ross Perot Jr.'s person scheduled for council readings in nel could perform some of the- June and July. consultants'functions. 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But the annexation was Star-Telegram S�Writers overshadowed by the death of a bill SOUTHLAKE — City Council yesterday afternoon scheduled to be t members unanimously approved the heard in the Texas House. - annexation of a $105 million office State legislators killed a valida- " complex last night, despite unre- tion act designed to cure procedural solved questions about the move's irregularity of city actions, such as legality. the annexation of Solana. If passed, The annexation was aimed at the act might have protected South- 1 joining 507 acres of the Solana lake from lawsuits over the annexa- i office complex abandoned by West- tion of Solana. The act's death rep- 1 lake's lame-duck Board of Alder- resents the first time in 67 years that 1 men with 393 acres already within the act was not passed. Southlake. The ordinance marks the Solana management requested • first of two annexation ordinances that Southlake annex the office before the City Council. complex soon after four Westlake 1 City officials scheduled two sep- aldermen ousted Mayor Scott I — arate but almost identical ordinances (More on SOLANA on Page 6) 1 0v Vil . { 1 I i { i i i 1 I { regarding a second ordinance, in- Solana tending to protect the annexation from legal attacks. According"tt` From Page 1 state law, a municipality muse ' schedule public hearings at least 2 later disannexed more days before formal annexation.Brack? Bradley and y' ub than 70 percent of the town's prop- challenged the annexation, claim-;. I erties. ` Bradley, reinstated by a newly ingal. ' But it was illeaouthgake officials said last:— men, has-appealed his removal to night Westlake Board of Alder- ni ht that they plan to immediately- the Texas Supreme Court. He and notify the sate comptroller's office e new board believe that the of the annexation, allowing them' court could block Southlake th cityto begin providing police'set i s ef- vices and collecting sales tax.rev- enue. ` forts to seize Solana. I Southlake City Council did not The death of the validation bill schedule public hearings regarding could pose problems for the first the first annexation ordinance be-cause Solana officials had waived ordinance,city officials said.How- their rights to a public hearing• ever,they said they expect any legal Council members had hoped that r problems with the annexation to be solved by the passage of the sec- the procedural error of the first an- aordinance. nexation would have been solved in ond or far as we're concerned we' the Legislature. annexed Solana," Southlake: Southlake scheduled_public + hearings for Monday and tonight Mayor Rick Stacy said. s;.' City of Southlake,Texas RESOLUTION NO. 97-41 A RESOLUTION EXTENDING A MORATORIUM FOR AN ADDITIONAL THIRTY (30) DAYS ON THE APPROVAL OF ASSISTED CARE LIVING CENTERS; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECT UPON EXPIRATION OF THE CURRENT MORATORIUM. WHEREAS, the City Council of the City of Southlake has adopted Ordinance No. 480, as amended,as the Comprehensive Zoning Ordinance of the City, which regulates the location and use of buildings, other structures and land for business, industrial, residential and other purposes; and WHEREAS, the Comprehensive Zoning Ordinance does not contain specific regulations applicable to the location or development of assisted care living centers (also know as personal care living centers); and 1111..1 WHEREAS, the City has received inquiries regarding the location and development of assisted care living centers within the city which might adversely affect surrounding properties or the proper and orderly growth of the city; and WHEREAS,the City Council on 12-03-96 adopted a 120 day moratorium on the issuance of permits for assisted care living centers in order to maintain the status quo within the city until such time as the City Council has had a reasonable time to review the provisions of the Comprehensive Zoning Ordinance related to assisted care living centers within the city and to take appropriate action as may be required to protect the public health, safety and welfare with regard to the prohibition of such centers; and WHEREAS,on 4-01-97 an additional sixty(60)day moratorium was placed on the issuance of permits for assisted care living centers is a minimally intrusive method of maintaining the status quo until such review could be completed; and 51 -/ Resolution No. 97-41 Page 2 (hipe WHEREAS, in accordance with the directive in said moratorium, a proposed ordinance regarding the location and development of assisted care living centers has been prepared and acted upon by the Planning and Zoning Commission with a recommendation forward to City Council for consideration; and WHEREAS, the City Council has determined that the moratorium should be extended in order to allow for City Council review to be completed; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. For a period of thirty (30) days, effective upon expiration of the original one hundred and Ltwenty (120) day moratorium and the sixty (60) day extension thereof, no application for a permit shall be accepted and no permit shall be issued for any assisted care living center in the City of Southlake unless an application for the permit was received by the city prior to the passage of the original moratorium or unless the assisted care living center receives planned unit development zoning approval from the City Council. The purpose of this moratorium is to maintain the status quo within the city until such time as proper regulations have been adopted with regard to assisted care living centers. SECTION 2. The term "permit" as used in this resolution shall mean a license, certificate, approval, registration, consent, permit. or other form of authorization required by law, rule, regulation, or ordinance that must be obtained by a person in order to perform an action or initiate a project for which the permit is sought. SECTION 3. This moratorium shall remain in effect for thirty (30) or until such time as the days y .City Sic- Resolution No. 97-41 Page 3 (hrre Council has had a reasonable opportunity to consider an act upon appropriate amendments to the zoning regulations applicable to assisted care living centers. Upon final adoption of any ordinance amending the regulations applicable to assisted care living centers or upon a final determination being made by the City Council that amendments are not necessary, this moratorium shall expire. This moratorium shall automatically expire on June 30, 1997 unless it is specifically extended by additional City Council action. SECTION 5. PASSED, APPROVED AND EFFECTIVE ON THIS DAY OF , 1997. Coe Mayor Rick Stacy ATTEST: SandraL. LeGrand City Secretary D:ul'➢•F/LFSORD-RES.IGR'9"-JLRES2D C �Z - 3 • City of Southlake,Texas MEMORANDUM May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Community Services Manager SUBJECT: Ordinance No. 675, 2nd reading, amending Ordinance No. 583 which grants a cable television franchise currently owned by Marcus Cable Associates, L.P.; granting consent to the assignment and transfer of a cable television system and franchise from Harron Cablevision to Marcus Cable, L.P.; repealing Ordinance No. 321 which granted a cable television franchise currently owned by Harron Cablevision of Texas. This item was approved by City Council on first reading at the April 15, 1997 meeting. At the time, we told Council that since we already had a franchise agreement in effect with Marcus Cable, there was some question as to how that affected the transfer, and whether we would operate under two franchise agreements, or amend the current agreement with Marcus. At the May 20th City Council meeting, staff briefed the Council on the negotiations to date with Marcus Cable and requested the ordinance be tabled once more to allow us to fmalize the agreement. Attached is the revised Ordinance No. 675 which will essentially guarantee that we continue the same benefits we currently have under the Harron agreement. A redline/strikeout copy of Ordinance No. 675, along with a clean copy, is attached. Exhibit A to Ordinance No. 675 amends the current agreement with Marcus to incorporate those benefits we have under the existing Harron franchise agreement. The key points of the amendment are: 1. Marcus will reserve at least one channel as a joint government/educational access channel for use by the City and public schools in Southlake. "2. Marcus will provide an emergency interrupt transmission path and emergency use of the cable system. 3. The City agrees to accept a 3% franchise fee from Marcus until August 31, 2000 (the expiration date of the current Harron agreement which stipulates 3%). Afterwards, Marcus will pay a 5% franchise fee until expiration of the Marcus franchise agreement. 4. Marcus agrees that it shall extend service to all areas of the City. 5. Incorporates standard language agreed upon 2 years ago by Marcus and a consortium of cities served by Sammons, which provides for ensuring adequate signal quality, customer service, and service and equipment to public facilities. A comparison of the current franchise agreements the City has with Harron Cablevision and Marcus Cable is also attached. Staff has also surveyed other cities served by Marcus Cable in regards to their franchise agreements and the results of this survey are also attached. As can be (1.0., seen from the comparison of Southlake's franchise agreements with Harron and Marcus, the major items have been incorporated in the amendment. 7,Q—i • Ordinance No. 675, 2`d Reading May 30, 1997 (ine Page two We have been working with the attorneys, ours and Marcus', via fax and as of late today, Marcus is still reviewing the amendment. There are still some minor issues to be resolved, but we will have these ready for City Council by the work session Tuesday night. Please note that we are not renegotiating the existing franchise agreement with Marcus, but simply seeking to amend the existing agreement. I am available for any further questions you may have. KH Attachments (we • L SOUTHLAKE'S FRANCHISE AGREEMENTS Harron Cable Marcus Cable Termination September 1,2000 June 15,2008 Date 15 years 15 years Transfer of N/A N/A Franchise Revenues 3%GSR 5%GSR Complaint Maintain a written log of complaints Office accessible by phone 365 days/ Procedures 24 hours a day;complaints serviced within 24 hours;maintain a service log Extension of >250 feet of aerial extensions plus within 500 feet of existing trunk Service >100 feet of underground extensions; cable;number of homes to be passed average number of houses will not be exceeds/equals 50/mile reduced<40/mile Channels 1 channel reserved for public school N/A use provided free of charge Service 48 hour notice;Emergency use of N/A Interruptions CATV available upon request; transmission path for emergency provided Operational Quality of Picture;Cross Modulation/ N/A Standards Interference Other Basic service without charge to City N/A Hall,Main Fire station and each public school,capable of receiving and transmitting audio and video signals. L 1 7, 3 Page 1 MARCUS CABLE ASSOCIATES, LTD. Lipe Ft. Worth North Richland Hills Crowley Companies Sammons/Marcus Sammons/Marcus Sammons/Marcus Termination N/A January 28,2007 15 years Date Transfer of N/A No transfer without written No transfer without written Franchise approval from the City approval from the City Revenues N/A 5%GSR 5%GSR Complaint Same quality as Sammons plus Toll free telephone number Office near the City,accessible Procedures historical expenditure info. and accessible 365 days a year,24 toll free number 365 days a staff levels on customer service hours a day;maintain a service year,24 hours a day;maintain log a service log Extension of Line extensions based on a 30 >250 feet of existing cable, >250 feet of existing cable, Service home per mile number of homes which number of homes which exceeds/equals 40/mile exceeds/equals 50/mile Channels 5 access channels 1 educational access channel for Lifeline to public schools, fire, BISD,Haltom HS and TCJC, police stations and City Hall. 1 and 1 governmental access educational access channel and channel 1 governmental access channel Service N/A yes yes Interruptions Operational None None None Standards Signal Provide written report of such All testing done in person and All testing done in person and Quality testing providing a written report providing a written report Other Provide same installation and Provide same installation and Activities prohibited;Provide service without charge to public service without charge to public same installation and service facilities,the highest level of facilities;will not pass through without charge to public installation/service without "external costs"except which facilities,the highest level of charge as it provides to other exceed$500/year;Provide and installation/service without communities in the Ft. Worth be responsible for maintaining charge as it provides to other area, and will not pass through the connection of an Institutional communities in the Ft. Worth "external costs"except which Connection Network Service to area,and will not pass through exceed$5,000/year. all municipally-owned buildings "external costs"except which within the City at its expense. exceed$500/year;doesn't allow cable or other operations to be interfered with television receptions of persons not serviced. 1 7A— Page 2 (iime MARCUS CABLE ASSOCIATES, LTD. Benbrook White Settlement Everman Companies Sammons/Marcus Storer/Marcus Austin&Associates Termination August 11,2006 15 years N/A Date Transfer of No transfer without written No transfer without written No transfer without written Franchise approval from the City approval from the City approval from the City Revenues 5%GSR 5%GSR 4%GSR Complaint Telephone number accessible Local business office with Office near or in the City with a Procedures 24 hours a day,7 days a week normal hours,maintain a listed telephone number;Service with historical expenditure service log,and provide calls made promptly. information and staffmg levels actions within 2 days of provided;All complaints will receipt. go through Marcus' local office manager. Extension of >500feet of existing trunk Not stated Average density is 7 subscribers/ Service cable,number of homes 1/4 mile exceeds/equals 10/ 1/4 mile. (hire Channels 1 non-commercial Provide studio access,video 1 educational access channel, 1 governmental access channel to taping,equipment and governmental access channel and 1 be programmed by the City; remote capabilities. public access channel with studio, also provided are portable Assistance will be free of lights and sound equipment camcorders,video camera and charge up to 40 hours a VCR month,afterwards fee will be negotiated on a per hour basis. Service yes Not stated yes Interruptions Operational None Activities prohibited Interconnection,Theft of Services Standards and Tampering Signal All testing done in person and All testing done in person None Quality providing a written report. and providing a written report. Other Provide same installation and Provide same installation and Public buildings connected at no service without charge to public service without charge to charge,which include any other facilities,the highest level of public facilities,the highest public facilities that may exist in installation/service without level of installation/service the future;Political Advertising charge as it provides to other without charge as it provides and Religious programming communities in the Ft. Worth to other cities in the FW area, leasing opportunities at area, and will not pass through and will not pass through commercial rates. "external costs"except which "external costs"except which exceed$500/year. exceed$500/yr. 2 7,-s 05/30/1997 12:22 8172389692 M NCY PAGE 13 (tair ORDINANCE NO. 675 AN ORDINANCE AMENDING ORDINANCE NO. 583 WHICH GRANTS A CABLE TELEVISION FRANCHISE CURRENTLY OWNED BY MARCUS CABLE ASSOCIATES, L.P.; GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM HARRON CABLEVISION OF TEXAS,INC., TO MARCUS CABLE ASSOCIATES, L.P.; REPEALING ORDINANCE NO. 321 WHICH GRANTED A CABLE TELEVISION FRANCHISE CURRENTLY OWNED BY HARRON CABLEVISION OF TEXAS, INC.; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY 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 3 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, a cable television franchise adopted and approved by the city council as Ordinance No. 321 (the Harron franchise) is currently owned and operated by Hamon lOwe Cablevision of Texas, Inc. a Delaware Corporation, referred to as Harron (hereinafter Cablevision); and WHEREAS, On March 4, 1997 Harron Cablevision and Marcus Cable Associates, L.P., a Delaware limited partnership, (hereinafter referred to as Marcus Cable) entered into an Asset Purchase Agreement pursuant to which Harron Cablevision agreed to assign and transfer the Harron franchise and its cable television system in the City of Southlake, Texas to Marcus Cable; WHEREAS, Harron Cablevision and Marcus Cable submitted an Application for Franchise Authority Consent on FCC form 394 providing certain information with respect to the parties and the proposed transfer; and f�er Pie L 85/30/1997 12:22 8172389692 MUMCY PAGE 14 (we WHEREAS, Marcus Cable from and after the date of the closing of the transactions described in the Asset Purchase Agreement, assumed and agreed to perform each and every obligation of the Harron franchise; and WHEREAS, Marcus Cable currently owns a cable television franchise in the city, which was adopted and approved by the city council in Ordinance No. 583 and which contains significant differences from the Harron franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 (a) Ordinance No. 583, which grants a cable television franchise currently owned by Marcus Cable Associates, L.P., is amended by adding the provisions of EXHIBIT A, attached to this ordinance and made a part of this ordinance for all purposes. If there is any conflict between Ordinance No. 583 and EXHIBIT A, the provisions of EXHIBIT A control. (b) The city council hereby approves the transfer and assignment of the cable television system and Harron franchise from Harron Cablevision to Marcus Cable. (c) Ordinance No. 321, which granted a cable television franchise currently owned by Harron Cablevision, is repealed. SECTION 2 • • That the Herron franchise is in full force and effect without default thereunder by Herron Cablevision to the date hereof in accordance with its terms and conditions as set forth therein and that no breach has occurred or is continuing under the Herron franchise. SECTION 3 The City of Southiake, Texas, waives any rights of first refusal that it may•have to assume the Herron franchise upon any transfer contemplated hereunder. SECTION 4 Marcus Cable may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and (Ixe eitletalukAonfoineambioldt Pap 7, 2-,'z 85/38/1997 12:22 8172389692 MJIcY PAGE 15 Co, benefits in and to the cable television system and the franchise, to any lender providing financing to Marcus Cable. Any assignment or transfer by a lender or as a result of foreclosure will require the City's consent as provided in the city charter. SECTION S The consent to transfer herein provided shall be effective upon the occurrence of all of the following events: (1) the closing of the transactions described in the Asset Purchase Agreement; and (2) the subsequent transfer of the assets related to the Harron franchise to Marcus Cable; and (3) the written acceptance of this ordinance including EXHIBIT A by Marcus Cable. Marcus Cable shall notify the City of Southlake, Texas promptly upon the closing of such transactions. (age SECTION 6 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8 (600, The City Secretary of the City of Southlake is hereby directed to publish the proposed 7a—/3 85/38/1997 12:22 8172389692 MUNCY PAGE 17 L, at least ten (10) days before the second reading of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 This ordinance shall be in full force and effect from and after its final passage, publication as required by law, and its acceptance as provided by Section 5, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 199 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THUS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney fmy it Paw 4 247—/V . 85/38/1997 12:22 8172389692 hU'CY PAGE 16 ACCEPTANCE BY MARCUS CABLE In consideration for the consent by the city of the transfer of the cable television system and franchise from Harron Cablevision of Texas, to Marcus Cable Associates, L.P., Marcus Cable accepts the terms and conditions of this ordinance, including EXHIBIT A. Marcus Cable Associates, L.P. Dated: By: Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L.P., hereby unconditionally guarantee performance of the obligations of Ordinance No. 583, as amended by this ordinance, by Marcus Cable Associates, L.P. Marcus Cable Operating Company, L.P. Dated: By: Marcus Cable Company, L.P. Dated: By: Marcus Cable Properties, L.P. Dated: By: • Cie to Pip 7�.s EXHIBIT A TO ORDINANCE NO. 675 L, Ordinance No. 583 is amended by adding the following provisions: Marcus Cable Associates, L.P. ("Marcus") makes the following agreement in consideration for the consent by the City of Southlake, Texas ("City") to the transfer of the cable television franchise and system operated by Harron Cablevision of Texas, Inc. Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P. and Marcus Cable Properties, L.P.join this Agreement for the purpose of guaranteeing Marcus' performance of the franchise granted by Ordinance No. 583 as amended by this ordinance (the "Franchise"). 1. The promises, covenants, and conditions contained herein inure to the benefit of the City and are binding on Marcus. 2. Marcus acknowledges that the transaction described in the Asset Purchase Agreement dated as of March 4, 1997, between Marcus Cable Associates, L.P. as buyer and Harron Cablevision of Texas, Inc., and other entities as seller (collectively "Harron"), and the transfer of the franchise granted by Ordinance No. 321 pursuant thereto are expressly subordinate to and will not affect the binding nature of this ordinance, and that the consent of the City to the transaction does not constitute a waiver or release of any rights of the City. Marcus assumes and agrees to perform all of the obligations of the Franchise including any obligations to make refunds for periods prior to the transfer. c,, 3. Marcus acknowledges that the City has consented to the transaction in reliance upon the representations, documents and information provided by Marcus and Harron, all of which are incorporated herein by reference. 4. Government/ Education Access Channel At least one channel shall be reserved for use as a joint governmental/educational access •channel for use by the City and public schools located within Southlake. Such channel (s) shall be provided free of charge. 5. Emergency Access Path Marcus shall provide an Emergency Access transmission path to its cable system, for use by the City in times of crisis. This emergency interruption shall be capable of introducing a bulletin on all channels simultaneously. The emergency access system shall comply with FCC regulations and shall be installed as soon as practicable upon release of FCC rules regarding this feature. 6. Payments to the City Marcus shall, during each year of operation under this agreement until August 31, 2000, pay to the City an annual sum of three percent (3%) of the Gross Subscriber Revenues 7/9-/e. received by Marcus from operations within the City for the prior year. Beginning August 31, 2001, until termination of this agreement, Marcus shallpayto the g City an annual sum of five percent (5%) of the Gross Subscriber Revenues received by Marcus from operations within the City for the prior year. 7. Extension of Service Marcus shall extend its services to all areas within the present City limits, or annexed to the City subsequent to the effective date of this amendment. Marcus shall extend service to new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditions: (a) Where the new subscriber, or nearest subscriber of a group of new subscribers is located within 500 feet of existing trunk cable; or (b) Where the number of homes to be passed by such new extension cable plant exceeds or equals 40 homes per mile of such new extension cable plant; (c) In the event the requirements of subsections (a) and (b) are not met, Marcus may charge an additional fee to cover its costs of installation. Cie 8. Customer Service (a) Marcus will comply with the customer service rules of the FCC as presently in effect, 47 CFR§ 76.309. Marcus's compliance shall be measured and enforced as follows: (i) For the purpose of such rules "normal business hours" therein are • deemed to be 8:00 AM to 5:00 PM Monday through Friday, and Saturday 9:00 AM to 1:00 PM. (ii) Transfer to or answering by a voice mail system (or other automated response system) does not constitute answering "by a customer representative" under§ 76.309 (c)(ii) or analogous provisions of such rules. (iii) Within 20 business days of the close of each calendar quarter (or monthly, if the City requests same), Marcus will provide the City with a report in such form as the City and Marcus may reasonably agree, setting forth on a consistent basis, fairly applied, Marcus' performance as compared to the standards for telephone answer time, busy signals, standard installations, service interruptions, appointment windows, refunds and credits. (be (iv) Such reports shall show and use the telephone calls originating 2 7,4—/7 from within the City if that information is readily available from the system, and ce. as to installations, service interruptions, appointment windows, refunds, credits and the like shall show and use data only for subscribers in the City. (v) Such reports shall show Marcus' performance including and excluding any periods of abnormal operating conditions, and if Marcus contends that any such abnormal conditions occurred during reporting period in question, they shall also describe the nature and extent of such conditions. (vi) Marcus acknowledges that non-compliance with customer service standards will harm subscribers and the City and that the extent of harm will be difficult or impossible to measure. The City may therefore assess liquidated damages against Marcus for non-compliance with the preceding customer service standards as follows: The FCC Rules currently state as to § 76.309(c)(1)(ii) and (iv); and § 76.309 (c)(2)(1), (ii), (iii) and (iv) (collectively "quarterly customer service standards") that the standards set forth therein "shall be met no less than ninety (90) percent of the time under normal operating conditions measured on a quarterly basis." a. Liquidated damages may be assessed if Marcus does not meet the ninety (90) percent standard for a given subsection (for example, § 76.309 (c)(2)(ii)) of the quarterly customer service standards in a given calendar quarter as follows: Cr' First Second Third and subsequent Non-compliance Non-compliance Non-compliance $0 $500 $1,000 b. The City may collect liquidated damages from any bond or letter of credit furnished under the Franchise. (b.) In the event of a change in 47 CFR § 76.309 that makes any of the Federal customer service standards therein less stringent than those in effect in July, 1995, the City may adopt customer service regulations as to the subject matter of the portion of the rule that is changed. City agrees to meet with Marcus on any proposed changes prior to taking action on them, and to provide Marcus with at least 60 days of such action. Marcus agrees to comply with any such provisions that are no more stringent than those contained in 47 CFR § 76.309 as in effect in July, 1995, and to such extent agrees that it is not entitled to recover the costs of such compliance through external cost treatment or otherwise. (c) Marcus acknowledges that under applicable § 76.309 law the City may unilaterally establish and enforce reasonable customer service regulations that 3 exceed or are not addressed by the standards established by the FCC or the cof standards currently established by the Franchise. (d) Marcus will provide at minimum the same quality of customer service that Harron is currently providing, but in all events no less than the quality of service required by the Franchise, any other applicable City ordinance and applicable FCC regulation. As evidence of, and to assist in compliance with such commitment, Harron and Marcus agree as follows: 1. On an annual basis, Marcus will provide the City with staffing levels of historical expenditure and staffing levels on customer service related matters; the customer service standards currently used; its materials, if any, on same as used by its customer service representatives; and its procedures and forms used to measure compliance with applicable customer service standards. 2. Marcus will provide such other information as the City reasonably requests relating to customer service matters. 9. Signal Quality The following shall apply to Marcus' implementation of and compliance with the rules and regulations relating to cable television technical standards for technical standards for signal quality adopted by the FCC in MM Dockets 91-169 and 85-38 on February 13, 1992 and subsequent amendments thereto: Coe (a) All testing for compliance with the FCC technical standards shall be done by a person with the necessary expertise and substantial experience in cable television matters. (b) Upon request, Marcus shall provide the City with the written report of such testing. • (c) Marcus shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to the manager of Marcus' local office. All matters not resolved by the manager shall at Marcus' or the subscriber's option be referred to City for attempted resolution. All matters not resolved at that step shall be referred to FCC for it to resolve. (d) Marcus shall annually notify its subscribers of the preceding. (e) Upon request by the City, Marcus at its expense will test the system in areas or at subscriber locations specified by the City where there are apparent problems and provide the City with the written report of such testing. If the test shows a non- compliance with such standards, Marcus will bring the system into non- compliance with such standards within 180 days. L 4 7g-,'9 10. Prior Defaults Marcus agrees on behalf of itself and its affiliates that it will not contend directly or indirectly that any defaults or failures to comply with the franchise or other matters set forth in 47 USC § 546 (c)(1)(A) (Communications Act of 1934, Section 626 (c)(1)(A)) (collectively "defaults") by Harron occurring prior to the transfer to Marcus are waived, including but not limited to the following: (a) The ability of the City to obtain redress for prior defaults, such as recovery of any underpayment of franchise fees. (b) The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. Marcus reserves the right to contend that the transfer and the City's approval thereof preclude the City from considering defaults that occurred prior to the transfer in connection with any renewal or non-renewal of the Franchise. The City reserves the right to oppose such contention. The City confirms that it has informed Marcus of all defaults or other instances of non- compliance with the Franchise of which the City Administrator primarily responsible for cable television matters is aware as of the date hereof (without, however, having conducted any financial or other audit of performance or compliance). L 11. Validity of Franchise Marcus accepts and agrees to be bound by the terms and conditions of the City Charter, the Franchise and all other ordinances applicable to its operations after the transfer. Marcus does not contend that any provision of the Franchise is unlawful or unenforceable, nor is it aware of any other ordinance or any provision in the City Charter which it contends is unlawful or unenforceable. The City acknowledges that the Franchise is in full force and effect. 12. Service and Equipment for Public Facilities (a) Marcus will continue to provide the same installation and service, without charge, to public facilities as Harron is providing at the present time, but in all events no less is required by the Franchise or any other applicable city ordinance. (b) In addition, at the City's request Marcus will provide to the public facilities identified in the Franchise or other applicable city ordinance the highest level of installation and service without charge as it provides to any other community in the Ft. Worth area. (c) If any service or equipment for public facilities provided pursuant to subsections (a) and (b) above exceeds the requirements of the Franchise or other applicable city ordinance, Marcus will not pass through the costs as so-called "external costs" or as new franchise requirements except that Marcus may pass through the cost of such services under subsection (b) above that exceeds the requirements of 5 7/4 the franchise or other applicable city ordinance to the extent that cost exceeds (10., $500 per year. 13. EEO Matters Marcus agrees to faithfully adhere to all applicable federal, state and city laws, rules and regulations relating to non-discrimination, equal employment and affirmative action. 14. Access to Records The records and reports of the franchise grantee which are submitted to the City or otherwise made available for the City (such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Marcus Cable Operating Company. L.P., Marcus Cable Company, L.P., Marcus Cable Properties, L.P., and their affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise, FCC rules or state or local law, or to insure compliance with the Franchise or this Agreement. 15. Franchise Requirement (a) Marcus will give the City 60 days notice in writing prior to allowing any telecommunications entity other than Marcus to use or lease its facilities (other than towers) in the City or capacity thereon or to amending any agreement with such entity. No such arrangements or uses are presently in existence except as have been disclosed. "Telecommunications entity" means any entity subject to the jurisdiction of or regulated by the Federal Communications Act Commission (we (such as under the Communications Act of 1934 as amended) or the Texas Public Utility Commission or their successors, including telephone, alternative access and cable companies. Marcus will provide the City with such documents relating to the foregoing as the City may reasonably request, including copies of the agreements. (b) Marcus will give the City 60 days notice in writing prior to providing telecommunications services within the City or making its facilities (other than towers) available to others for that purpose. "Telecommunications services" means conventional telephone service, such as alternative access service which connect user locations and connect users to long distance companies. (c) Nothing herein shall expand or modify any restrictions or limitations under the Franchise or applicable law on use for telecommunication purposes of the facilities being acquired by Marcus. 16. Transactions transparent to Rates Marcus acknowledges that the transfer, the consent process, the City's action granting consent, and the acceptance of this ordinance do not provide any basis for increasing the amounts paid by subscribers through cost pass- through as so-called "external costs" as new franchise requirements and the consent process, action, and this ordinance do not provide any basis for increasing the amounts paid by subscribers in any other manner. (46., 17. Other Matters (re (a) In the event of any conflict between the terms of this ordinance and Ordinance No. 583, or any City Ordinance, that provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. (b) Marcus will join the City in obtaining from the FCC any waivers from time to time necessary to effectuate the provisions of this ordinance. (c) If the transfer of the Harron franchise to Marcus Cable Associates, L.P., is not completed on or before July 3, 1997, then at the City's option prior to the transfer occurring, this ordinance and the City's consent to transfer shall become null and void. Such option may be exercised prior to the transfer occurring by the City giving written notice to Marcus and Harron at the addresses designated in the Asset Purchase Agreement dated as of March 4, 1997. (d) Marcus will cause the City to be reimbursed, by Harron or otherwise, for its reasonable expenses in connection with the consent process including publication costs and fees of consultants and attorneys. (e) The term "affiliate" means any individual, partnership, association joint stock company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with the entity (Ihre in question. (e) Venue of any suit under or arising out of this ordinance shall be exclusively in Tarrant County, Texas or in the United States District Court for the Northern District of Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 18. Marcus will continue to provide the same level of responsive technical assistance to the City cable channel as the City has received from Harron. 7 7,'2- a City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-047 PROJECT: Second Reading/Ordinance No. 480-244 Rezoning and Concept Plan/Commerce Square STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property legally described as 7.22 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 3A. LOCATION: South of Southlake Boulevard(F.M. 1709)and immediately east of Crooked Lane. OWNER: Southlake Properties, Inc. APPLICANT: Terry Wilkinson CURRENT ZONING: "S-P-2" Generalized Site Plan District with "0-1" Office District, "B-1" Business Service Park District, and limited "I-1" Light Industrial uses REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District and limited "I-1" Light Industrial District uses LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Retail Commercial NO. NOTICES SENT: Ten(10) RESPONSES: Three (3) responses were received within the 200' notification area: • Carl and Madge Smith, 13212 Glad Acres Dr., Dallas, TX 75234, in favor. "Continue growth of area." • Ken Smith, PO Box 3, Grapevine, TX, in favor. • Catherine Jurgensen, 4138 Willow Grove Rd, Dallas, TX, in favor. L lh" I City of Southlake,Texas P&Z ACTION: May 8, 1997; Approved (7-0) to continue Public Hearing to the May 15, 1997 Planning &Zoning Commission meeting. May 15, 1997; Approved (7-0) subject to the Concept Plan Review No. 1 dated May 2, 1997 amended as follows: 1) delete item#2a(driveway spacing from Crooked Lane) 2) delete item#2b (driveway spacing from Commerce Street) 3) delete item#2c (spacing between driveways) 4) delete item#2d (minimum required throat depth) 5) amend item# 3a to eliminate the 10' Fl Bufferyard required along the interior west line of Lot 2, but relocate the required plantings adjacent to F.M. 1709. 6) Eliminate the following C-2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 7) Eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: 5. Gasoline Filling stations that operate in conjunction with a small convenience store. COUNCIL ACTION: May 20, 1997; Approved(6-0-1) subject to Concept Plan Review Summary No. 2 dated May 16, 1997, with the following amendments: 1) delete item# 1 a(driveway spacing from Crooked Lane) 2) delete item# lb (driveway spacing from Commerce Street) 3) delete item# lc (spacing between driveways) 4) delete item# 1 d(minimum required throat depth) 5) amend item#2a(10'Fl Bufferyard is required along the west lot line of Lot 2 adjacent to Lot 1)per P&Z recommendation (eliminate but relocate the required plantings adjacent to F.M. 1709.) 6) include P&Z recommendation#6(eliminate the following C- 2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping); 7) include P&Z recommendation # 7 (eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: City of Southlake,Texas 5. Gasoline Filling stations that operate in conjunction with a small convenience store). STAFF COMMENTS: The Applicant has met all items in Concept Plan Review Summary No. 1 dated May 2, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2, dated May 16, 1997. L:\WP-FILES\MEMO\97CASES\97-047ZC.WPD L `16-3 I L_. I ZEl , . % 5 Q!H ♦ : 1 I 1 --i r 1 1 1 7 1 1 r T t' --- -.._..-- 1 ....,.__ 5AI 5E ! .5 C\ CI , -.. \._. 1 1 1 1 1 11 11 . .---..1 ♦ L ',✓ 1J 2G 502 _ I i ..na ' I �� 1 11 1 1 1 1 I 1 1;" :... 1)'-;. -.. .,--i .)frN1,l1iAt ; , 55D pr � 8.75 Ac -�, N n�_ ��.. .. ''. 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Lee . cd:, _ _ __ _ • 4 ADJACENT OWNERS AND ZONING FOR ZA97-047 01-May-97 4 5 6 # Owner Name anima , 01 CECIL YATES SF-IA — 5 02 STATE OF TEXAS I1 a_ e 03 JOE&IZAK GREGORY .11 p 04 JAMES&DIANE STACY S-P-1 —J ?'p • 05 JAMES&DIANE STACY 11 W J n ('� 06 RANDY PACK I1 N cc �/ • 07 KENNETH SMITH AG CC 3.3 I y ® ��J 08 CATHERINE JURGENSEN AG X N• P. 6 CATHERINE JURGENSEN AG ��✓ JOHN&CAROL DEMLOW AG r STATE OF TEXAS AG V U) 12 SHIRLEY MCCARTY 11 30.t461 n<2 la 13 CARL&MADGE SMITH AG G 14 CARL&MADGE SMITH SF-IA t,. 15 STATE OF TEXAS AG I is, #7 DARRELL FAGLIE i-, 1.. U 1_IGJL'�U�J\ ) c.ee-«.. _ SVX3.L ••amv-xH.LnOS r ' w.. .e....... •n.. bLb 'ZSHtl ®j u • a � � A3112if15 Li3.LSV3 svreo H.L Q t 4 4 ..J ., 0 f L 1 Y aa..nr,� aaaw,o.cr S3230, ZZ'.L 0•t a,a■ [0 Q 'm0.00 '0\OO=1>OP00aDOdi=I 32itlnCS zo tariPiOO go i I iyg 16 i w w bbOA�� 'WV' yanear o.o...a ,-.ra rma s.aoroo g e O a I� 0 e� A 1 p /7‘....,g " 1 i 11 1 1 ill ' 1 II 11 1 ti III' ' 1 dillit111 �i�I iL `3�r tS. pl 1101� IQIjtjtj!IIIJ;Itj!(gdt1 11 i:p112ill0:41111, I (6o , .A.4) 2178 a,rHinos s I 7 , a„ s° . +..y a5i I e ( O 4 U 11 g ..JIOT100 n Q wooa tols/znao oaSOaofd 1 I. i9 W f ,, a 0 CC a. - -- - I „ten e Q ` II a J • I i a 1:rl . la ig CI- UJ ¢ 1 N a«,.Rr. Si OM« IIIIiII a [ O i l i l ► i I ��,,. @� $ i i _ 1 ill J pp ae a Y gS es s @ al 1 .m. =WIN i il ILI I O I h41 d j 5 am City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 97-047 Review No: Two Date of Review: 5/16/97 Project Name: Concept Plan-S-P-2 Zoning Request for Commerce Square being 7.22 Acres located in the Thomas Easter Survey.Abstract No. 474 APPLICANT: ENGINEER: Terry Wilkinson. Southlake Properties.Inc. Callahan&Associates 930 Parkview Lane P.O. Box 15577 Southlake. Texas 76092 Ft. Worth.Texas 76119 Phone: (817) 329-4599 Phone:(817)478-1765 Fax: (817)488-2420 Fax: (817) 561-2544 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/12/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT..787. * This review is based on the "C-2" Zoning District Regulations for proposed Lot 1 and the "I-1" Zoning District Regulations for proposed Lot 2 according to the Comprehensive Zoning Ordinance No. 480,as amended, . Provide driveways in accordance with the Driveway Ordinance No. 634. The proposed driveways intersecting F.M. 1709 do not meet the minimum requirements as follows: a. The west driveway centerline is less than 500'from the east R.O.W. line of Crooked Lane.An approximate 200' spacing is shown. (P&ZAction 4/15/97: delete) b. The existing east driveway centerline is less than 500'from the west R.O.W.line of Commerce Street. An approximate 400' spacing is shown. Please note that this driveway is existing. However, the Driveway Ordinance requires that existing driveways must be brought into compliance when the trip rate is increased by a development. (P&ZAction 4/15/97: delete) c. The spacing between the two driveways is less than required 500'for full access driveways. A spacing of 250'is permitted if one driveway is limited to right in/right out only.The spacing shown is approximately 225'. (P&ZAction 4/15/97: delete) d. Based on the estimated parking requirements,the minimum driveway throat depth for traffic stacking is 75'.The provided stacking depth is approximately 50'. Please be aware that throat depth is measured from the R.O.W. line to the point of tangency with the curb return for the interior drive lane. (P& Z Action 4/15/97:delete) e. Label the"Access Easement"along the east driveway as"Common Access Easement". `76- 7 City of Southlake,Texas 2. The following changes are needed with regard to bufferyards: a. A 10'Fl Bufferyard is required along the west lot line of Lot 2 adjacent to Lot 1.(P&ZAction 4/15/97: eliminate but relocate the required plantings adjacent to F.M. 1709.) b. Show the 10'Fl Bufferyard along the north lot line of Lot 2 adjacent to Lot 1 with a dashed line. 3. Label the owner's name for adjacent Commerce Business Park lots. 4. Show and label the type and height of all proposed screening. P&Z ACTION: May 8, 1997; Approved (7-0) to continue Public Hearing to the May 15, 1997 Planning&Zoning Commission meeting. May 15, 1997;Approved (7-0) subject to the Concept Plan Review No. 1 dated May 2, 1997 amended as follows: 1) delete item #2a (driveway spacing from Crooked Lane) 2) delete item #2b (driveway spacing from Commerce Street) 3) delete item #2c (spacing between driveways) 4) delete item #2d (minimum required throat depth) 5) amend item #3a to eliminate the 10' Fl Bufferyard required along the interior west line of Lot 2, but relocate the required plantings adjacent to F.M. 1709. 6) Eliminate the following C-2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 7) Eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: 5. Gasoline Filling stations that operate in conjunction with a small convenience store. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 5/27/97. If not received by that time,no review will be prepared until the. following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * A letter of permission from the adjacent property owner(s) on the east must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. • City of Southlake,Texas * 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. * It appears that Lot 1 and Lot 2 lie within the 65 'LDN D/FW Regional Airport Overlay Zone and a portion of Lot 2 lies within the 75 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. 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. • Vertical and horizontal building articulation(required on the north,east, south,and west building facades)per§43.9C 1 e,Ordinance 480, as amended. • Masonry requirements per§43.9Cla,Ordinance 480,as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13,Ordinance 480,as amended;and Parking Lot Impacts on interior landscaping in§43.9C3h and Exhibit 43-D on Page 43-14,Ordinance 480,as amended. • Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480,as amended. • Spill-over lighting and noise per§43.12, Ordinance 480, as amended. • Off-street parking requirements per§35,Ordinance 480,as amended and off-street loading requirements per §36, 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. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Terry Wilkinson, Southlake Properties,Inc. Callahan&Associates LAW P-FILEMREv\97\97047CP2.WPD 176- 9 • ' . / i • .:i ' - I li El ®V e 1 s C , ril ----....... ...... 01 41 MI rm;-lit \ ie . II ._ � r i a4 v: s 1 1 •� " �' k C �`y�� 11) r '�J ,� i 1, ( I lit 4,fi T..1.!(-,:. . ,., ---...:..:: \ j i7I 1 :Yt:1^isr _ i LIL. :!II• � ® Y • �Y••M.•_v•_ •flll/ ____ h :•'*"':'' kli 4y$i`'.yR-S+i.;•`+°, '- • .4..•J�iWiIQt7i .- .A.�yc*j.to ~•A • a it r a+ �t I •I eir«l•..c- o,• A -- .-: 1 .; I ft I / l 11 . pI I n Y 1 -. ' ...--•..'. :----,-.. :.,.,.. .;:-ri'.-•:•1-.,. i I iAIYO O 1 :I:(i l�_ lrjJAN- I. 1Z7 II 0' iii I >• '1 tI1o. > I *A-. __,..)::/_. .#://p. . . . MAW • rr1%`vr, ri.); k, . _.. —• 01 il • . • Yx . co, •Li.-•;•,;s -.:5., .-•..i ,,. .''f,� JD .:���,� ._.:tea• � • City of Southlake,Texas RESOLUTION NO. 97-41 A RESOLUTION EXTENDING A MORATORIUM FOR AN ADDITIONAL THIRTY (30) DAYS ON THE APPROVAL OF ASSISTED CARE LIVING CENTERS; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECT UPON EXPIRATION OF THE CURRENT MORATORIUM. WHEREAS, the City Council of the City of Southlake has adopted Ordinance No. 480, as amended,as the Comprehensive Zoning Ordinance of the City, which regulates the location and use of buildings, other structures and land for business, industrial, residential and other purposes; and WHEREAS, the Comprehensive Zoning Ordinance does not contain specific regulations applicable to the location or development of assisted care living centers (also know as personal care living centers); and 1111..1 WHEREAS, the City has received inquiries regarding the location and development of assisted care living centers within the city which might adversely affect surrounding properties or the proper and orderly growth of the city; and WHEREAS,the City Council on 12-03-96 adopted a 120 day moratorium on the issuance of permits for assisted care living centers in order to maintain the status quo within the city until such time as the City Council has had a reasonable time to review the provisions of the Comprehensive Zoning Ordinance related to assisted care living centers within the city and to take appropriate action as may be required to protect the public health, safety and welfare with regard to the prohibition of such centers; and WHEREAS,on 4-01-97 an additional sixty(60)day moratorium was placed on the issuance of permits for assisted care living centers is a minimally intrusive method of maintaining the status quo until such review could be completed; and 51 -/ Resolution No. 97-41 Page 2 (hipe WHEREAS, in accordance with the directive in said moratorium, a proposed ordinance regarding the location and development of assisted care living centers has been prepared and acted upon by the Planning and Zoning Commission with a recommendation forward to City Council for consideration; and WHEREAS, the City Council has determined that the moratorium should be extended in order to allow for City Council review to be completed; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. For a period of thirty (30) days, effective upon expiration of the original one hundred and Ltwenty (120) day moratorium and the sixty (60) day extension thereof, no application for a permit shall be accepted and no permit shall be issued for any assisted care living center in the City of Southlake unless an application for the permit was received by the city prior to the passage of the original moratorium or unless the assisted care living center receives planned unit development zoning approval from the City Council. The purpose of this moratorium is to maintain the status quo within the city until such time as proper regulations have been adopted with regard to assisted care living centers. SECTION 2. The term "permit" as used in this resolution shall mean a license, certificate, approval, registration, consent, permit. or other form of authorization required by law, rule, regulation, or ordinance that must be obtained by a person in order to perform an action or initiate a project for which the permit is sought. SECTION 3. This moratorium shall remain in effect for thirty (30) or until such time as the days y .City Sic- Resolution No. 97-41 Page 3 (hrre Council has had a reasonable opportunity to consider an act upon appropriate amendments to the zoning regulations applicable to assisted care living centers. Upon final adoption of any ordinance amending the regulations applicable to assisted care living centers or upon a final determination being made by the City Council that amendments are not necessary, this moratorium shall expire. This moratorium shall automatically expire on June 30, 1997 unless it is specifically extended by additional City Council action. SECTION 5. PASSED, APPROVED AND EFFECTIVE ON THIS DAY OF , 1997. Coe Mayor Rick Stacy ATTEST: SandraL. LeGrand City Secretary D:ul'➢•F/LFSORD-RES.IGR'9"-JLRES2D C �Z - 3 • City of Southlake,Texas MEMORANDUM May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Community Services Manager SUBJECT: Ordinance No. 675, 2nd reading, amending Ordinance No. 583 which grants a cable television franchise currently owned by Marcus Cable Associates, L.P.; granting consent to the assignment and transfer of a cable television system and franchise from Harron Cablevision to Marcus Cable, L.P.; repealing Ordinance No. 321 which granted a cable television franchise currently owned by Harron Cablevision of Texas. This item was approved by City Council on first reading at the April 15, 1997 meeting. At the time, we told Council that since we already had a franchise agreement in effect with Marcus Cable, there was some question as to how that affected the transfer, and whether we would operate under two franchise agreements, or amend the current agreement with Marcus. At the May 20th City Council meeting, staff briefed the Council on the negotiations to date with Marcus Cable and requested the ordinance be tabled once more to allow us to fmalize the agreement. Attached is the revised Ordinance No. 675 which will essentially guarantee that we continue the same benefits we currently have under the Harron agreement. A redline/strikeout copy of Ordinance No. 675, along with a clean copy, is attached. Exhibit A to Ordinance No. 675 amends the current agreement with Marcus to incorporate those benefits we have under the existing Harron franchise agreement. The key points of the amendment are: 1. Marcus will reserve at least one channel as a joint government/educational access channel for use by the City and public schools in Southlake. "2. Marcus will provide an emergency interrupt transmission path and emergency use of the cable system. 3. The City agrees to accept a 3% franchise fee from Marcus until August 31, 2000 (the expiration date of the current Harron agreement which stipulates 3%). Afterwards, Marcus will pay a 5% franchise fee until expiration of the Marcus franchise agreement. 4. Marcus agrees that it shall extend service to all areas of the City. 5. Incorporates standard language agreed upon 2 years ago by Marcus and a consortium of cities served by Sammons, which provides for ensuring adequate signal quality, customer service, and service and equipment to public facilities. A comparison of the current franchise agreements the City has with Harron Cablevision and Marcus Cable is also attached. Staff has also surveyed other cities served by Marcus Cable in regards to their franchise agreements and the results of this survey are also attached. As can be (1.0., seen from the comparison of Southlake's franchise agreements with Harron and Marcus, the major items have been incorporated in the amendment. 7,Q—i • Ordinance No. 675, 2`d Reading May 30, 1997 (ine Page two We have been working with the attorneys, ours and Marcus', via fax and as of late today, Marcus is still reviewing the amendment. There are still some minor issues to be resolved, but we will have these ready for City Council by the work session Tuesday night. Please note that we are not renegotiating the existing franchise agreement with Marcus, but simply seeking to amend the existing agreement. I am available for any further questions you may have. KH Attachments (we • L SOUTHLAKE'S FRANCHISE AGREEMENTS Harron Cable Marcus Cable Termination September 1,2000 June 15,2008 Date 15 years 15 years Transfer of N/A N/A Franchise Revenues 3%GSR 5%GSR Complaint Maintain a written log of complaints Office accessible by phone 365 days/ Procedures 24 hours a day;complaints serviced within 24 hours;maintain a service log Extension of >250 feet of aerial extensions plus within 500 feet of existing trunk Service >100 feet of underground extensions; cable;number of homes to be passed average number of houses will not be exceeds/equals 50/mile reduced<40/mile Channels 1 channel reserved for public school N/A use provided free of charge Service 48 hour notice;Emergency use of N/A Interruptions CATV available upon request; transmission path for emergency provided Operational Quality of Picture;Cross Modulation/ N/A Standards Interference Other Basic service without charge to City N/A Hall,Main Fire station and each public school,capable of receiving and transmitting audio and video signals. L 1 7, 3 Page 1 MARCUS CABLE ASSOCIATES, LTD. Lipe Ft. Worth North Richland Hills Crowley Companies Sammons/Marcus Sammons/Marcus Sammons/Marcus Termination N/A January 28,2007 15 years Date Transfer of N/A No transfer without written No transfer without written Franchise approval from the City approval from the City Revenues N/A 5%GSR 5%GSR Complaint Same quality as Sammons plus Toll free telephone number Office near the City,accessible Procedures historical expenditure info. and accessible 365 days a year,24 toll free number 365 days a staff levels on customer service hours a day;maintain a service year,24 hours a day;maintain log a service log Extension of Line extensions based on a 30 >250 feet of existing cable, >250 feet of existing cable, Service home per mile number of homes which number of homes which exceeds/equals 40/mile exceeds/equals 50/mile Channels 5 access channels 1 educational access channel for Lifeline to public schools, fire, BISD,Haltom HS and TCJC, police stations and City Hall. 1 and 1 governmental access educational access channel and channel 1 governmental access channel Service N/A yes yes Interruptions Operational None None None Standards Signal Provide written report of such All testing done in person and All testing done in person and Quality testing providing a written report providing a written report Other Provide same installation and Provide same installation and Activities prohibited;Provide service without charge to public service without charge to public same installation and service facilities,the highest level of facilities;will not pass through without charge to public installation/service without "external costs"except which facilities,the highest level of charge as it provides to other exceed$500/year;Provide and installation/service without communities in the Ft. Worth be responsible for maintaining charge as it provides to other area, and will not pass through the connection of an Institutional communities in the Ft. Worth "external costs"except which Connection Network Service to area,and will not pass through exceed$5,000/year. all municipally-owned buildings "external costs"except which within the City at its expense. exceed$500/year;doesn't allow cable or other operations to be interfered with television receptions of persons not serviced. 1 7A— Page 2 (iime MARCUS CABLE ASSOCIATES, LTD. Benbrook White Settlement Everman Companies Sammons/Marcus Storer/Marcus Austin&Associates Termination August 11,2006 15 years N/A Date Transfer of No transfer without written No transfer without written No transfer without written Franchise approval from the City approval from the City approval from the City Revenues 5%GSR 5%GSR 4%GSR Complaint Telephone number accessible Local business office with Office near or in the City with a Procedures 24 hours a day,7 days a week normal hours,maintain a listed telephone number;Service with historical expenditure service log,and provide calls made promptly. information and staffmg levels actions within 2 days of provided;All complaints will receipt. go through Marcus' local office manager. Extension of >500feet of existing trunk Not stated Average density is 7 subscribers/ Service cable,number of homes 1/4 mile exceeds/equals 10/ 1/4 mile. (hire Channels 1 non-commercial Provide studio access,video 1 educational access channel, 1 governmental access channel to taping,equipment and governmental access channel and 1 be programmed by the City; remote capabilities. public access channel with studio, also provided are portable Assistance will be free of lights and sound equipment camcorders,video camera and charge up to 40 hours a VCR month,afterwards fee will be negotiated on a per hour basis. Service yes Not stated yes Interruptions Operational None Activities prohibited Interconnection,Theft of Services Standards and Tampering Signal All testing done in person and All testing done in person None Quality providing a written report. and providing a written report. Other Provide same installation and Provide same installation and Public buildings connected at no service without charge to public service without charge to charge,which include any other facilities,the highest level of public facilities,the highest public facilities that may exist in installation/service without level of installation/service the future;Political Advertising charge as it provides to other without charge as it provides and Religious programming communities in the Ft. Worth to other cities in the FW area, leasing opportunities at area, and will not pass through and will not pass through commercial rates. "external costs"except which "external costs"except which exceed$500/year. exceed$500/yr. 2 7,-s 05/30/1997 12:22 8172389692 M NCY PAGE 13 (tair ORDINANCE NO. 675 AN ORDINANCE AMENDING ORDINANCE NO. 583 WHICH GRANTS A CABLE TELEVISION FRANCHISE CURRENTLY OWNED BY MARCUS CABLE ASSOCIATES, L.P.; GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM HARRON CABLEVISION OF TEXAS,INC., TO MARCUS CABLE ASSOCIATES, L.P.; REPEALING ORDINANCE NO. 321 WHICH GRANTED A CABLE TELEVISION FRANCHISE CURRENTLY OWNED BY HARRON CABLEVISION OF TEXAS, INC.; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY 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 3 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, a cable television franchise adopted and approved by the city council as Ordinance No. 321 (the Harron franchise) is currently owned and operated by Hamon lOwe Cablevision of Texas, Inc. a Delaware Corporation, referred to as Harron (hereinafter Cablevision); and WHEREAS, On March 4, 1997 Harron Cablevision and Marcus Cable Associates, L.P., a Delaware limited partnership, (hereinafter referred to as Marcus Cable) entered into an Asset Purchase Agreement pursuant to which Harron Cablevision agreed to assign and transfer the Harron franchise and its cable television system in the City of Southlake, Texas to Marcus Cable; WHEREAS, Harron Cablevision and Marcus Cable submitted an Application for Franchise Authority Consent on FCC form 394 providing certain information with respect to the parties and the proposed transfer; and f�er Pie L 85/30/1997 12:22 8172389692 MUMCY PAGE 14 (we WHEREAS, Marcus Cable from and after the date of the closing of the transactions described in the Asset Purchase Agreement, assumed and agreed to perform each and every obligation of the Harron franchise; and WHEREAS, Marcus Cable currently owns a cable television franchise in the city, which was adopted and approved by the city council in Ordinance No. 583 and which contains significant differences from the Harron franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 (a) Ordinance No. 583, which grants a cable television franchise currently owned by Marcus Cable Associates, L.P., is amended by adding the provisions of EXHIBIT A, attached to this ordinance and made a part of this ordinance for all purposes. If there is any conflict between Ordinance No. 583 and EXHIBIT A, the provisions of EXHIBIT A control. (b) The city council hereby approves the transfer and assignment of the cable television system and Harron franchise from Harron Cablevision to Marcus Cable. (c) Ordinance No. 321, which granted a cable television franchise currently owned by Harron Cablevision, is repealed. SECTION 2 • • That the Herron franchise is in full force and effect without default thereunder by Herron Cablevision to the date hereof in accordance with its terms and conditions as set forth therein and that no breach has occurred or is continuing under the Herron franchise. SECTION 3 The City of Southiake, Texas, waives any rights of first refusal that it may•have to assume the Herron franchise upon any transfer contemplated hereunder. SECTION 4 Marcus Cable may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and (Ixe eitletalukAonfoineambioldt Pap 7, 2-,'z 85/38/1997 12:22 8172389692 MJIcY PAGE 15 Co, benefits in and to the cable television system and the franchise, to any lender providing financing to Marcus Cable. Any assignment or transfer by a lender or as a result of foreclosure will require the City's consent as provided in the city charter. SECTION S The consent to transfer herein provided shall be effective upon the occurrence of all of the following events: (1) the closing of the transactions described in the Asset Purchase Agreement; and (2) the subsequent transfer of the assets related to the Harron franchise to Marcus Cable; and (3) the written acceptance of this ordinance including EXHIBIT A by Marcus Cable. Marcus Cable shall notify the City of Southlake, Texas promptly upon the closing of such transactions. (age SECTION 6 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8 (600, The City Secretary of the City of Southlake is hereby directed to publish the proposed 7a—/3 85/38/1997 12:22 8172389692 MUNCY PAGE 17 L, at least ten (10) days before the second reading of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 This ordinance shall be in full force and effect from and after its final passage, publication as required by law, and its acceptance as provided by Section 5, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 199 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THUS DAY OF 1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney fmy it Paw 4 247—/V . 85/38/1997 12:22 8172389692 hU'CY PAGE 16 ACCEPTANCE BY MARCUS CABLE In consideration for the consent by the city of the transfer of the cable television system and franchise from Harron Cablevision of Texas, to Marcus Cable Associates, L.P., Marcus Cable accepts the terms and conditions of this ordinance, including EXHIBIT A. Marcus Cable Associates, L.P. Dated: By: Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L.P., hereby unconditionally guarantee performance of the obligations of Ordinance No. 583, as amended by this ordinance, by Marcus Cable Associates, L.P. Marcus Cable Operating Company, L.P. Dated: By: Marcus Cable Company, L.P. Dated: By: Marcus Cable Properties, L.P. Dated: By: • Cie to Pip 7�.s EXHIBIT A TO ORDINANCE NO. 675 L, Ordinance No. 583 is amended by adding the following provisions: Marcus Cable Associates, L.P. ("Marcus") makes the following agreement in consideration for the consent by the City of Southlake, Texas ("City") to the transfer of the cable television franchise and system operated by Harron Cablevision of Texas, Inc. Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P. and Marcus Cable Properties, L.P.join this Agreement for the purpose of guaranteeing Marcus' performance of the franchise granted by Ordinance No. 583 as amended by this ordinance (the "Franchise"). 1. The promises, covenants, and conditions contained herein inure to the benefit of the City and are binding on Marcus. 2. Marcus acknowledges that the transaction described in the Asset Purchase Agreement dated as of March 4, 1997, between Marcus Cable Associates, L.P. as buyer and Harron Cablevision of Texas, Inc., and other entities as seller (collectively "Harron"), and the transfer of the franchise granted by Ordinance No. 321 pursuant thereto are expressly subordinate to and will not affect the binding nature of this ordinance, and that the consent of the City to the transaction does not constitute a waiver or release of any rights of the City. Marcus assumes and agrees to perform all of the obligations of the Franchise including any obligations to make refunds for periods prior to the transfer. c,, 3. Marcus acknowledges that the City has consented to the transaction in reliance upon the representations, documents and information provided by Marcus and Harron, all of which are incorporated herein by reference. 4. Government/ Education Access Channel At least one channel shall be reserved for use as a joint governmental/educational access •channel for use by the City and public schools located within Southlake. Such channel (s) shall be provided free of charge. 5. Emergency Access Path Marcus shall provide an Emergency Access transmission path to its cable system, for use by the City in times of crisis. This emergency interruption shall be capable of introducing a bulletin on all channels simultaneously. The emergency access system shall comply with FCC regulations and shall be installed as soon as practicable upon release of FCC rules regarding this feature. 6. Payments to the City Marcus shall, during each year of operation under this agreement until August 31, 2000, pay to the City an annual sum of three percent (3%) of the Gross Subscriber Revenues 7/9-/e. received by Marcus from operations within the City for the prior year. Beginning August 31, 2001, until termination of this agreement, Marcus shallpayto the g City an annual sum of five percent (5%) of the Gross Subscriber Revenues received by Marcus from operations within the City for the prior year. 7. Extension of Service Marcus shall extend its services to all areas within the present City limits, or annexed to the City subsequent to the effective date of this amendment. Marcus shall extend service to new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditions: (a) Where the new subscriber, or nearest subscriber of a group of new subscribers is located within 500 feet of existing trunk cable; or (b) Where the number of homes to be passed by such new extension cable plant exceeds or equals 40 homes per mile of such new extension cable plant; (c) In the event the requirements of subsections (a) and (b) are not met, Marcus may charge an additional fee to cover its costs of installation. Cie 8. Customer Service (a) Marcus will comply with the customer service rules of the FCC as presently in effect, 47 CFR§ 76.309. Marcus's compliance shall be measured and enforced as follows: (i) For the purpose of such rules "normal business hours" therein are • deemed to be 8:00 AM to 5:00 PM Monday through Friday, and Saturday 9:00 AM to 1:00 PM. (ii) Transfer to or answering by a voice mail system (or other automated response system) does not constitute answering "by a customer representative" under§ 76.309 (c)(ii) or analogous provisions of such rules. (iii) Within 20 business days of the close of each calendar quarter (or monthly, if the City requests same), Marcus will provide the City with a report in such form as the City and Marcus may reasonably agree, setting forth on a consistent basis, fairly applied, Marcus' performance as compared to the standards for telephone answer time, busy signals, standard installations, service interruptions, appointment windows, refunds and credits. (be (iv) Such reports shall show and use the telephone calls originating 2 7,4—/7 from within the City if that information is readily available from the system, and ce. as to installations, service interruptions, appointment windows, refunds, credits and the like shall show and use data only for subscribers in the City. (v) Such reports shall show Marcus' performance including and excluding any periods of abnormal operating conditions, and if Marcus contends that any such abnormal conditions occurred during reporting period in question, they shall also describe the nature and extent of such conditions. (vi) Marcus acknowledges that non-compliance with customer service standards will harm subscribers and the City and that the extent of harm will be difficult or impossible to measure. The City may therefore assess liquidated damages against Marcus for non-compliance with the preceding customer service standards as follows: The FCC Rules currently state as to § 76.309(c)(1)(ii) and (iv); and § 76.309 (c)(2)(1), (ii), (iii) and (iv) (collectively "quarterly customer service standards") that the standards set forth therein "shall be met no less than ninety (90) percent of the time under normal operating conditions measured on a quarterly basis." a. Liquidated damages may be assessed if Marcus does not meet the ninety (90) percent standard for a given subsection (for example, § 76.309 (c)(2)(ii)) of the quarterly customer service standards in a given calendar quarter as follows: Cr' First Second Third and subsequent Non-compliance Non-compliance Non-compliance $0 $500 $1,000 b. The City may collect liquidated damages from any bond or letter of credit furnished under the Franchise. (b.) In the event of a change in 47 CFR § 76.309 that makes any of the Federal customer service standards therein less stringent than those in effect in July, 1995, the City may adopt customer service regulations as to the subject matter of the portion of the rule that is changed. City agrees to meet with Marcus on any proposed changes prior to taking action on them, and to provide Marcus with at least 60 days of such action. Marcus agrees to comply with any such provisions that are no more stringent than those contained in 47 CFR § 76.309 as in effect in July, 1995, and to such extent agrees that it is not entitled to recover the costs of such compliance through external cost treatment or otherwise. (c) Marcus acknowledges that under applicable § 76.309 law the City may unilaterally establish and enforce reasonable customer service regulations that 3 exceed or are not addressed by the standards established by the FCC or the cof standards currently established by the Franchise. (d) Marcus will provide at minimum the same quality of customer service that Harron is currently providing, but in all events no less than the quality of service required by the Franchise, any other applicable City ordinance and applicable FCC regulation. As evidence of, and to assist in compliance with such commitment, Harron and Marcus agree as follows: 1. On an annual basis, Marcus will provide the City with staffing levels of historical expenditure and staffing levels on customer service related matters; the customer service standards currently used; its materials, if any, on same as used by its customer service representatives; and its procedures and forms used to measure compliance with applicable customer service standards. 2. Marcus will provide such other information as the City reasonably requests relating to customer service matters. 9. Signal Quality The following shall apply to Marcus' implementation of and compliance with the rules and regulations relating to cable television technical standards for technical standards for signal quality adopted by the FCC in MM Dockets 91-169 and 85-38 on February 13, 1992 and subsequent amendments thereto: Coe (a) All testing for compliance with the FCC technical standards shall be done by a person with the necessary expertise and substantial experience in cable television matters. (b) Upon request, Marcus shall provide the City with the written report of such testing. • (c) Marcus shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to the manager of Marcus' local office. All matters not resolved by the manager shall at Marcus' or the subscriber's option be referred to City for attempted resolution. All matters not resolved at that step shall be referred to FCC for it to resolve. (d) Marcus shall annually notify its subscribers of the preceding. (e) Upon request by the City, Marcus at its expense will test the system in areas or at subscriber locations specified by the City where there are apparent problems and provide the City with the written report of such testing. If the test shows a non- compliance with such standards, Marcus will bring the system into non- compliance with such standards within 180 days. L 4 7g-,'9 10. Prior Defaults Marcus agrees on behalf of itself and its affiliates that it will not contend directly or indirectly that any defaults or failures to comply with the franchise or other matters set forth in 47 USC § 546 (c)(1)(A) (Communications Act of 1934, Section 626 (c)(1)(A)) (collectively "defaults") by Harron occurring prior to the transfer to Marcus are waived, including but not limited to the following: (a) The ability of the City to obtain redress for prior defaults, such as recovery of any underpayment of franchise fees. (b) The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. Marcus reserves the right to contend that the transfer and the City's approval thereof preclude the City from considering defaults that occurred prior to the transfer in connection with any renewal or non-renewal of the Franchise. The City reserves the right to oppose such contention. The City confirms that it has informed Marcus of all defaults or other instances of non- compliance with the Franchise of which the City Administrator primarily responsible for cable television matters is aware as of the date hereof (without, however, having conducted any financial or other audit of performance or compliance). L 11. Validity of Franchise Marcus accepts and agrees to be bound by the terms and conditions of the City Charter, the Franchise and all other ordinances applicable to its operations after the transfer. Marcus does not contend that any provision of the Franchise is unlawful or unenforceable, nor is it aware of any other ordinance or any provision in the City Charter which it contends is unlawful or unenforceable. The City acknowledges that the Franchise is in full force and effect. 12. Service and Equipment for Public Facilities (a) Marcus will continue to provide the same installation and service, without charge, to public facilities as Harron is providing at the present time, but in all events no less is required by the Franchise or any other applicable city ordinance. (b) In addition, at the City's request Marcus will provide to the public facilities identified in the Franchise or other applicable city ordinance the highest level of installation and service without charge as it provides to any other community in the Ft. Worth area. (c) If any service or equipment for public facilities provided pursuant to subsections (a) and (b) above exceeds the requirements of the Franchise or other applicable city ordinance, Marcus will not pass through the costs as so-called "external costs" or as new franchise requirements except that Marcus may pass through the cost of such services under subsection (b) above that exceeds the requirements of 5 7/4 the franchise or other applicable city ordinance to the extent that cost exceeds (10., $500 per year. 13. EEO Matters Marcus agrees to faithfully adhere to all applicable federal, state and city laws, rules and regulations relating to non-discrimination, equal employment and affirmative action. 14. Access to Records The records and reports of the franchise grantee which are submitted to the City or otherwise made available for the City (such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Marcus Cable Operating Company. L.P., Marcus Cable Company, L.P., Marcus Cable Properties, L.P., and their affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise, FCC rules or state or local law, or to insure compliance with the Franchise or this Agreement. 15. Franchise Requirement (a) Marcus will give the City 60 days notice in writing prior to allowing any telecommunications entity other than Marcus to use or lease its facilities (other than towers) in the City or capacity thereon or to amending any agreement with such entity. No such arrangements or uses are presently in existence except as have been disclosed. "Telecommunications entity" means any entity subject to the jurisdiction of or regulated by the Federal Communications Act Commission (we (such as under the Communications Act of 1934 as amended) or the Texas Public Utility Commission or their successors, including telephone, alternative access and cable companies. Marcus will provide the City with such documents relating to the foregoing as the City may reasonably request, including copies of the agreements. (b) Marcus will give the City 60 days notice in writing prior to providing telecommunications services within the City or making its facilities (other than towers) available to others for that purpose. "Telecommunications services" means conventional telephone service, such as alternative access service which connect user locations and connect users to long distance companies. (c) Nothing herein shall expand or modify any restrictions or limitations under the Franchise or applicable law on use for telecommunication purposes of the facilities being acquired by Marcus. 16. Transactions transparent to Rates Marcus acknowledges that the transfer, the consent process, the City's action granting consent, and the acceptance of this ordinance do not provide any basis for increasing the amounts paid by subscribers through cost pass- through as so-called "external costs" as new franchise requirements and the consent process, action, and this ordinance do not provide any basis for increasing the amounts paid by subscribers in any other manner. (46., 17. Other Matters (re (a) In the event of any conflict between the terms of this ordinance and Ordinance No. 583, or any City Ordinance, that provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. (b) Marcus will join the City in obtaining from the FCC any waivers from time to time necessary to effectuate the provisions of this ordinance. (c) If the transfer of the Harron franchise to Marcus Cable Associates, L.P., is not completed on or before July 3, 1997, then at the City's option prior to the transfer occurring, this ordinance and the City's consent to transfer shall become null and void. Such option may be exercised prior to the transfer occurring by the City giving written notice to Marcus and Harron at the addresses designated in the Asset Purchase Agreement dated as of March 4, 1997. (d) Marcus will cause the City to be reimbursed, by Harron or otherwise, for its reasonable expenses in connection with the consent process including publication costs and fees of consultants and attorneys. (e) The term "affiliate" means any individual, partnership, association joint stock company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with the entity (Ihre in question. (e) Venue of any suit under or arising out of this ordinance shall be exclusively in Tarrant County, Texas or in the United States District Court for the Northern District of Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 18. Marcus will continue to provide the same level of responsive technical assistance to the City cable channel as the City has received from Harron. 7 7,'2- a L C. C. 7ir-as City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-047 PROJECT: Second Reading/Ordinance No. 480-244 Rezoning and Concept Plan/Commerce Square STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property legally described as 7.22 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 3A. LOCATION: South of Southlake Boulevard(F.M. 1709)and immediately east of Crooked Lane. OWNER: Southlake Properties, Inc. APPLICANT: Terry Wilkinson CURRENT ZONING: "S-P-2" Generalized Site Plan District with "0-1" Office District, "B-1" Business Service Park District, and limited "I-1" Light Industrial uses REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District and limited "I-1" Light Industrial District uses LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Retail Commercial NO. NOTICES SENT: Ten(10) RESPONSES: Three (3) responses were received within the 200' notification area: • Carl and Madge Smith, 13212 Glad Acres Dr., Dallas, TX 75234, in favor. "Continue growth of area." • Ken Smith, PO Box 3, Grapevine, TX, in favor. • Catherine Jurgensen, 4138 Willow Grove Rd, Dallas, TX, in favor. L lh" I City of Southlake,Texas P&Z ACTION: May 8, 1997; Approved (7-0) to continue Public Hearing to the May 15, 1997 Planning &Zoning Commission meeting. May 15, 1997; Approved (7-0) subject to the Concept Plan Review No. 1 dated May 2, 1997 amended as follows: 1) delete item#2a(driveway spacing from Crooked Lane) 2) delete item#2b (driveway spacing from Commerce Street) 3) delete item#2c (spacing between driveways) 4) delete item#2d (minimum required throat depth) 5) amend item# 3a to eliminate the 10' Fl Bufferyard required along the interior west line of Lot 2, but relocate the required plantings adjacent to F.M. 1709. 6) Eliminate the following C-2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 7) Eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: 5. Gasoline Filling stations that operate in conjunction with a small convenience store. COUNCIL ACTION: May 20, 1997; Approved(6-0-1) subject to Concept Plan Review Summary No. 2 dated May 16, 1997, with the following amendments: 1) delete item# 1 a(driveway spacing from Crooked Lane) 2) delete item# lb (driveway spacing from Commerce Street) 3) delete item# lc (spacing between driveways) 4) delete item# 1 d(minimum required throat depth) 5) amend item#2a(10'Fl Bufferyard is required along the west lot line of Lot 2 adjacent to Lot 1)per P&Z recommendation (eliminate but relocate the required plantings adjacent to F.M. 1709.) 6) include P&Z recommendation#6(eliminate the following C- 2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping); 7) include P&Z recommendation # 7 (eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: City of Southlake,Texas 5. Gasoline Filling stations that operate in conjunction with a small convenience store). STAFF COMMENTS: The Applicant has met all items in Concept Plan Review Summary No. 1 dated May 2, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2, dated May 16, 1997. L:\WP-FILES\MEMO\97CASES\97-047ZC.WPD L `16-3 o !Y NOTICE OF PUBLIC HEARING THIS NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT THE TEMPORARY BOARD OF DIRECTORS FOR THE PROPOSED CRIME CONTROL AND PREVENTION DISTRICT (CITY COUNCIL) OF THE CITY OF SOUTHLAKE, TEXAS, WILL BE HOLDING A PUBLIC HEARING ON JUtiE 17, 1997, AT 5 P.M. IN THE CITY COUNCIL CHAMBERS AT CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS. THE PURPOSE OF THE HEARING IS TO CONSIDER A CRIME CONTROL AND PREVENTION BUDGET PLAN AND CRIME CONTROL PLAN. REMAINING STEPS IN THE ADOPTION OF A CRIME CONTROL DISTRICT DATE TASK GROUP June 7 Publish notice of hearing (no later than 10 days before) Temporary Board June 17 Hold a public hearing Temporary Board June 17 Adopt a budget and plan Temporary Board June 17 Order election date [June 10-July 5] Temporary Board June 24 City Council approves budget and plan (3rd CC Meeting) July 5 Publish first election notice First notice needs to be 35 days before the election July 12 Publish second election notice (second consecutive week) August 9 Hold election (not less than 35 days or more than 60 days after election ordered--canvass 2-13 days) August 19 Order district created City Council approval August 19 Appoint permanent board City Council 1st - August 19 Adopt ordinance adopting tax City Council 2nd - August 26 August 19 Confirm procedures/plan Permanent Board August 19 Repeal exemption for telecommunications Permanent Board August 19 Repeal exemption for telecommunications City Council August 20 Notice to the State C City of Southlake,Texas MEMORANDUM 177 7.7'',,7ii May 21, 1997 MAY 2 2 19a? DEPT.OF PUBLIC WORKS TO: Bob Whitehead P.E., Director of Public Works FROM: Walter J. Shore, Public Works Inspector SUBJECT: Accident at Ground Storage Tank I was on the site when the accident happened. I was speaking with the foreman from Tank Builders Inc., Junior, and the foreman from Control Specialist, Charles. We were on the west side of the tank when the accident occurred. At 11:10 am one of Junior's employees came around the tank running and yelling, "call 911 someone fell". I had my mobile in my pocket, and I called 911 at 11:11 am., as I was running to the inside of the tank to help administer first aid until the paramedics arrived. I sent one of the men out to 1709 to watch for the ambulance, I told him to motion him into the site and show them where to enter the tank. Officer Hodges was the first person on the scene, he arrived at approx. 11:14 am. He went into the tank and began to take over the scene. Officer Ward was the second person to make it to the scene. Shortly after the Southlake ambulance showed up 11:16 am. I met the paramedics at the entrance of the tank and as we were walking I explained what had happened and what had been done to the injured persons. Which was nothing more than keeping their calm and keeping them from moving. The paramedics arrived and took over the scene. I cleared everyone from the tank that was not a paramedic or police officer. Care flight was called in, and at this point I lost all track of time. Care flight arrived and one of the men was taken by care flight to John Peter Smith Hospital in Fort Worth. An ambulance from the City of Keller showed up on the scene and transported the other injury to Baylor Medical in Grapevine. This persons name is Brad Short. I went to the hospital in the afternoon to see how brad was doing. He has a broken foot, a broken pelvis and a broken disk in his back He was transported by ambulance from Baylor to Harris Methodist in Fort Worth at approx. 4:10 pm. I have heard through the nurses at Baylor that the person at John Peter Smith has no internal injuries. I will report as soon as I hear any more information. What happened, from the information I gathered, was there was a scaffold approx. 37 feet high with two men on the top. They were welding the roof plate on the inside of the tank. They had welded all that they could from the location they were at. Two men on the floor began pushing the scaffolding to move it. As they were pushing, one of the men on top grabbed one of the rafters to help move the scaffold. When this happened the scaffold began to lean over and fall to the ground. L City of Southlake,Texas Brad Short did not have a safety harness on. He was thrown clear from the falling scaffolding. The other man had a harness tied onto the scaffolding and as he fell the harness pulled the scaffolding on top of him If I may be of any further assistance in this matter please feel free to contact me at ext. 784. WJS cc: Ron Harper P.E., City Engineer C:WPD/CTTYPROJECT/TANKPROJECT/MEMO L N 44 oo -,-, N ON N N ..„, 0 .1 reVI rn es .5 51 b C 4 k EQ� o NE- 3 pp yE. y E-1 S Z 0 Ix W U ua >- " w�` d M � U '4 0 N V If r��jW►� ~ 5 aaN y f> ti ti " ..D w (� .n w o0 0 o ar a 5 Z g CA co Eaes U a ._ g � - gC ei NI Cil aS =°� oqN d = " " � Clg. ZN h o ^? Ea o ^' am ., � wo .E °• a � EUa .Ua ti U3n2 � ''' ►-+ � y3g .= E ' E .kE 57 aoEE � E 8 , g ..... N ouaooa. " $ 4 $ 3r . . aG 0a0 , gg3a"Li 00 a) - v .o 06 t�, %o ‘c �. -8 x U U ca O..) o0�. i All p Q oo v N E ® ►em ti 01.4 3 $ 3Q MUA $ 0 it -a .g a a 3 a o 0 "CS a �O �+ v $ g — 0 M E � o Us` o O U CV h o U o a0 A E5RI �, . VI.'V �Qp .' EEC W Ua U 1 U L ,� 1 04 •0 •0 0 E� Ua CO a i c, ° 3 w apa aw3 E .� o g4UM_ 3 $<p- 2tto $ p4U o 3 g 3 o46U ► Iw 1 tri O 0 0 +g -o �, U w c c a E Too co + U � c y Q o 04 i. v Q N E aE ° E ¢ E .a@ ma •E U rig A s pUcnU s a, p g QQ 5 .)• 2 i oo � 1 0. o Q2 ro a ea `E a eo ao Oa) E aCI .-y L ORDINANCE NO. 677 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A SPECIAL ELECTION FOR AUGUST 9, 1997, FOR THE PURPOSE OF AMENDING THE CITY CHARTER; PROVIDING THAT TBIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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, it is the intention of the City Council to call a special election to submit Lproposed amendments to the City Charter to the voters in accordance with Section 9.004 of the Texas Local Government Code; and WHEREAS, an election to submit to the voters proposed amendments to the city charter is required by law to be held on a uniform election date; and WHEREAS,Section 41.001 of the Texas Election Code(the"Code")specifies that the second Saturday in August shall be a uniform election date. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council does hereby, on its own motion, order a special election to submit to the voters of the City of Southlake proposed amendments to the City Charter. The f:\61ea\enai\slake\ordintmc\charter2.ele 0-30-97) Page 1 e-n.7n•A Ti.1 4..7(-1 1 TO -I 1 N f '4 ,„=.v..— 'n T rI1I T-J CC•qt J.c t—GIS"—AI-LI L proposed amendments to the City Charter are substantially as set forth in Exhibit "A," attached to this ordinance and incorporated herein for all purposes. The election shall be conducted according to the laws of the State of Texas, and shall be held on August 9, 1997, from 7:00 a.m. to 7:00 p.m. SECTION 2. The official ballots for said election shall be prepared in accordance with the Code so as to permit the electors to vote "YES" or "NO" on each proposition, with the ballots to contain such provisions, markings and language as required by law, and with the propositions to be expressed substantially as set forth in Exhibit "B", attached to this C, ordinance and incorporated herein for all purposes. SECTION 3. The Mayor and City Secretary of the City, in consultation with the City Attorney,are hereby authorized and directed to take any and all action necessary to comply with provisions of the Texas Election Code or other state and federal statutes and constitutions in carrying out the conduct of the election, whether or not expressly authorized herein. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and resolutions 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 and resolutions are hereby repealed. C f-\ \muni\rlalte\ordinanc\charter2elc(5-30-97) 2 Page 2 • I 41,- r•Itr, unniul 'O I7LllLainmTr 17TJ CC.QT Jfa.T-MC-1HJ L 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_ (sr SECTION 6. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. (we' t:\files\muni\slakt\ordlnanc\chartcn.de(5-30-9T) 3 Page 3 3 ...... _—. . -i.— b I VI' ..IRd[L ITRIITJ CC.OT JCCT_flf_II.a.I A + CE1'd le101 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR • (Iire ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney L E files\munAslake\ondinanAcharter2.elc(5-30-97) 4 Page 4 A • City of Southiake,Texas RESOLUTION NO. 97-40 A RESOLUTION ESTABLISHING PROCEDURES FOR A SPECIAL ELECTION CALLED BY THE CITY COUNCIL FOR AUGUST 9, 1997; ESTABLISHING ELECTION PRECINCTS; DESIGNATING ELECTION JUDGES; AND PROVIDING COMPENSATION THEREFORE; DESIGNATING POLLING PLACES; PROVIDING FOR EARLY VOTING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 677, the City Council has called a special election for the purpose of submitting to the voters proposed amendments to the city charter; and, WHEREAS, by this resolution the City Council intends to establish procedures for that election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. In accordance with Section 42.061 of the Texas Election Code (the "Code") the City Council hereby establishes its election precincts for all municipal elections from and after the effective date of this resolution, such precincts to be coterminous with the boundaries of the below-listed election precincts established by the Denton County and Tarrant County Commissioners' Courts to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Tarrant County Election Precinct No. 3470 SECTION 2. The polling place for the election precincts of the City shall be City Hall, 667 North Carroll Avenue, Southlake, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on August 9, 1997 in accordance with and pursuant to the requirements of the Texas Election Code. SECTION 3. The following named individuals, residing at their respective addresses, are hereby City of Southlake,Texas Resolution No. 97-40 Procedures for Special Election page 2 appointed presiding election judge and alternate presiding judge, respectively, at the election: Presiding Election Judge- Aloha Payne, 1213 Whispering Lane, Southlake, Texas Presiding Alternate Judge-Karen Cienki, 803 Shadow Glen Drive, Southlake, Texas The election judge may appoint election clerks to assist the Judge in the conduct of the election, not to exceed six (6) clerks. All election clerks shall be qualified voters of the City. SECTION 4. The presiding election judge, alternate presiding election judge and each election clerk shall be compensated at the rate of six dollars ($6.00) per hour in accordance with Section 32.091 of the Texas Election Code. The presiding election judge shall also be paid the additional sum of Twenty-five Dollars ($25.00) for delivering the returns of the election. SECTION 5. Early voting by personal appearance shall be conducted in the Office of the City Secretary (Administrative Offices) 1725 East Southlake Boulevard, Southlake, Texas, on the following days: July 21-July 25 Monday-Friday 8:30 a.m. to 5:00 p.m. July 26 Saturday 10:00 a.m. to 4:00 p.m. July 28-August 1 Monday-Friday 8:30 a.m. to 5:00 p.m. August 2-August 3 Saturday-Sunday Closed August 4-August 5 Monday-Tuesday 8:30 a.m. to 5:00 p.m. Applications for early voting by mail shall be delivered to the City Secretary at the abov e address. Early voting, both by personal appearance and by mail, shall be by optic scan machine and shall be canvassed by the Early Ballot Board, which is hereby created. The presiding Election Judge and the alternate presiding office, respectively, or the Early Ballot Board. The other election officer serving at the election shall serve as the other members of the Early Ballot Board for the election. SECTION 6. Notice of the election must include a substantial copy of the proposed Charter amendments and shall be published in the newspaper in accordance with the provisions of the Code and Section 9.004 of the Texas Local Government Code, on July 16, 1997 and July 23, 1997 and shall be (ow, posted in the regular place for posting notice of meetings of the City Council of the City. w City of Southlake,Texas (61 Resolution No. 97-40 Procedures for Special Election page 3 SECTION 7. Canvassing of returns shall take place during a special City Council meeting to be held on Monday, August 11, 1997, at 6:00 p.m., in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. SECTION 8. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 3RD DAY OF JUNE, 1997. CITY OF SOUTHLAKE, TEXAS BY: Mayor Rick Stacy (iiie ATTEST: Sandra L. LeGrand City Secretary C City of Southlake,Texas MEMORANDUM (119. May 29, 1997 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Project and Community Matching Fund Request Policy The Park Board discussed at their February Retreat the need to develop a project policy to guide the Board and community groups in a standard process for proposing and considering community • projects in the parks. In March, SPDC set aside $100,000 for matching funds for community- based projects in the parks. This combined policy defines the matching funds as a dollar for dollar match. The enclosed Project and Community Matching Fund Request Policy has been reviewed and adopted by the Parks and Recreation Board on May 12, 1997 and by SPDC on May 19, 1997. Please put an item on the June 3, City Council agenda for City Council to consider the Project and Community Fund Request Policy. (re Please call me at 481-5581 ext 757, if you have any questions. KML L sd-I (we Parks and Recreation Department Policies and Procedures Manual Policy: Project and Community Matching Fund Request Policy Source: City Council/ SPDC /Park Board Category: Board Effective Date: June 3,1997 Revised Date: Statement of Purpose: The purpose of this policy is to provide a process for considering park related projects proposed by individuals or organizations. Matching fund, dollar for dollar, may be requested for the projects. The following policy will become effective immediately upon approval of City Council. Procedure: 1. Anyone considering a project for the City of Southlake Parks and Recreation facilities should submit a proposal in writing to the Parks and Recreation Director. Proposed projects need to "fit in" with the overall intended use of the parks as determined by the Park Board. (re Matching up to $5,000 will be placed on consent agenda for SPDC consideration. 2. The proposal should include a complete description of the project and, to the extent applicable, pictures and/or detailed drawings, estimated budgets, preferred location of the project,mechanism of funding the project and any stipulations that might go along with the project. 3. The Parks and Recreation Director will review the proposal and make any • comments/recommendations deemed necessary. The Parks and Recreation Director may accept projects in conjunction with routine work (i.e., budgeted items and routine maintenance and operation projects) preformed by the Parks and Recreation Department without approval of the Park Board and may proceed with the project where deemed appropriate. The Director will inform the Park Board of routine projects performed in the administrative monthly reports. 4. The Parks and Recreation Director will forward all projects requesting matching funds and non-routine projects(includes,but is not limited to, anything on the master plan) along with comments/recommendations to the Park Board for their consideration at the next regular meeting. 5. The Park Board will consider the proposed project and make comments/recommendations. The consideration of the proposed project will be based on the extent to which the project "fits in"with the overall intended use of the parks as determined by the Parks Board. At the Board's discretion,projects may be forwarded to the City Council for final approval. If City (Iire funding is requested for the project, it may be forwarded the Southlake Park Development Corporation(SPDC) for final approval as applicable. 6. The City of Southlake reserves the right to accept or reject any project submitted for approval. 7. The potential project applicant (individual or organization) reserves the right to withdraw the proposed project at any time during the approval process. 8. All project(s)will be considered for acceptance on a project by project basis. The length of time required to complete the project will be considered. Not meeting the start and completion dates indicated may jeopardize funding. The project status will be reviewed by the Director of Parks and Recreation and the Park Board. 9. A permanent plaque of recognition may be designated in the park or facility where the project will be recognized,the name of the project and its contributor(s), and the date of the project. Permanent recognition should be discussed and approved during the initial project proposal. Press releases may be issued immediately to local newspapers following the acceptance of the project. 10. All accepted projects in the City of Southlake will become the property of the City of Southlake and will be used at the discretion of the City. (re Note: Policy approved by Parks and Recreation Board 05/12/97 Policy approved by SPDC 05/19/97 L 5C- 3 PROJECT MATCHING FUNDS REQUEST FORM Project Name: Contact Person: Mailing Address: City: State: ZIP: Day Phone: Night Phone: Fax No. Additional Contact Person: Day Phone: PROJECT DESCRIPTION: Proposed Start Date: Projected Completion Date: Projected Cost: $ Amount of Funds Requested: $ Comments from the Parks and Recreation Director: L City of Southlake,Texas MEMORANDUM May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath. Director of Finance SUBJECT: AWARD OF BID FOR COPIERS There is an urgent need for additional copiers within the City. We currently have three copiers, two at City Hall and one at the Administration Building. In the 1996-97 budget, funds were appropriated for additional copiers. The number of copies being made have increased due to the number of packets produced for various boards, SPIN information, etc. The Parks and Recreation Department and the staff from the Public Works Facility have to come to either City Hall or the Administration Building to do any of their copying and often the copiers are already in use. Also when one copier is down for maintenance or repairs at City Hall or the Administration Building, it can have a significant impact on work production. On May 13, bids were received from seven vendors for copiers. The specifications requested three new copiers, one for the Administration Building, two for City Hall. The two existing copiers at City Hall would be transferred to the Parks and Public Works Buildings. The specifications also called for the contracts on the existing copiers to be consolidated into the pricing for the new units. Currently, there are different base amounts and cost per copy overage on each of the existing units. It was our desire to increase the number of copies to be included in the base pricing, thereby reducing the amounts paid for copy overage. The City would also have one company for all copiers payments, service, and supplies. The two lowest qualifying bids were submitted by Lanier Worldwide, Inc. and Keystone Information Management Systems, Inc. The current copier supplier, Lanier Worldwide, Inc., bid a total annual cost of$45,498.24. This includes 3 new copiers that met the bid specifications, plus the 3 existing copiers, as well as service on all units. At the end of the five year bid period, the City would own all six machines outright. The bid amount exceeds the lowest qualifying bid, $44,306.53 submitted by Keystone Information Management Systems, by $1,191.71 annually, or 2.7%. At the end of the five year bid period, Keystone's bid allows for the City to retain ownership of the three existing copiers at no additional cost. The three new copiers that Keystone would provide could be purchased by the City at the copiers' current fair market value. In addition, Keystone Information Management Systems is not a manufacturers representative. They are what you might call a "finder." Keystone takes the requirements of an entity and goes out and finds the products and services that best fit that entity's needs. For the City of Southlake copier bid, Keystone will contract with an outside company for the copier lease financing and another company for the service of the copiers. Lanier will handle this all in-house. L Curtis E. Hawk, City Manager Award of bid for copiers May 30, 1997 Page 2 Given the acceptable level of service that the City has received from Lanier, it is my recommendation that the City award the bid to Lanier Worldwide, Inc. There is a cost associated with changing vendors, and the copy machines play a very important and integral part in the ability of the City to conduct its business. Several of the vendors bid copiers that did not meet specifications. In particular, the bid required that the equipment be new, not remanufactured, used, or discontinued equipment. Also, the specifications required a copy speed of 75 copies per minute plus a 40-bin sorter/stapler on two of the copiers and one copier required only 20 bins. Page 2 of the bid tabulation shows why the other bids, although they appear to be lower than Lanier or Keystone, are not or do not meet bid specifications. The 1996-97 amount budgeted for copiers this year is $38,000. Two new copiers had been included in the $38,000 budgeted amount because of the new Public Works Building and the necessity for an additional unit at the Administration Building. However, the copying needs of the City have increased. An additional copier was added to the bid so that an existing copier could L be transferred to the Parks and Recreation Department. Because of the copy overage charges currently being paid, the City is approaching the budgeted amount just with the three existing copiers. The $45,498.24 annual amount bid by Lanier for six copiers would cost approximately $15,166 for the remainder of the budget year. This would exceed the budgeted amount of $38,000 by approximately $950. A current savings would be recognized because of the change in the number of copies included in the base monthly charge on the existing machines, leading to an elimination or a substantial reduction in the overage charges. The City's current average monthly cost for three machines is $2,973. If Lanier's bid is accepted, the average monthly cost would be $3,792 for six machines. This is a decrease in the average cost of one machine from $991 per month to $632. If this recommendation is acceptable, the units can be delivered and operational within 5-7 days. Please advise so that we may proceed with the copiers. • LAH Attachment: Bid tabulation L • , I j I I I j A- : aN g. co 1 (n I n' cn›,1 u) u)t g.). ›..(i)I a) 4.•' - 1 >4,4 >44! a, CO; >4,4 >4.., ....I (1) as co I CO; Crl. 13: E l -Dm'I _am 1 .60 J -0 -0 I I -a, vi ,1 m :a7.; 0, Lol in 2 21 .- N: NI '-"! C-‘1 0 ,- , 1Lr) , >-, a_ a) 0 0), O s a' a, a c'S 1 E)1 co a)1 co a a E 45 W (c1:, ,c=2 i N ..1 --: I N- a a a, - a, al al ‘-' 0_ > a' a j a, u.), In; ; a o; 0 C ci. 0 'C-); TOI ' c) 0 0' a. a u) (-- : 0 9I o o 4- 0 . , co co 4 I , a) co. N N' N a ....... Lo, ITC j , , co c\I a; N co • co in • M' • . (r) co , -a- co co N i , 0 r-- co co co N a): r-•1 (7)j cn, 01 -J CO 0, CS)' ct Ps N\1 N 1- II) , ' co 1 CI: CI i 't < 0 CO co aco 0,(r)' co I al co: u") _ I co, -cr i Nr ‘r; (r)' co 1 co co j NI-' , co i -cr -a-1 r-) . 0 D , I- cl I 1 l ! c: J , i I . co 4! 0 0)I a) •, • •cr r- co Nr I r- O 0 N N 1 ce)1 ais; _c r.)' , 00 e- , CO! C.) CU' in. a, (x)' co Lc') c W c\I 1 co. 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C O C 3 a a_ �_ N e Ui O a a cfl a () 0 0 0 0 d4 O) U C u to ci) co (A i N N C I > C Ci C C; p +O J CU 0- co' O O' O O I a 0 0 .�'' = mi =1 n, • Q �_ E O O O O' a)I a) En O CO C/), U)i C/)1 (/) C CI Ci C! C!, U U �i I C a) Oi a) a): g (u1 ci V) a)' U Ui U'' U; Cl) a) C O1I 01 O (DI El El col u) u)I O 0 0 �_I C C CCU U U, U U U'I U N o 3 _ct LI O � � OI OI II CO X O CU (DJ C1i C1, m m E >'j CAI Q)I U U O ECU CI >, OL Oi O O', C C CI 'C (1 CO a) i a): N a) U) O m (u i 0 0�+ HI tI 0 al Y, X' X, XI XI 0 0 Y Y � j 'C! CV co 1 to CD! CO C)) 0 ' N O 'ml ..5-3-`7/ City of Southlake,Texas MEMORANDUM May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead,Director of Public Works SUBJECT: Authorize the City Manager to Enter into a Contract with Trammel Crow Company for Paving Repairs to Commerce St. Background Commerce Street located in Commerce Business Park was built in 1986. A section of the street has "failed" as it has been raised by an apparent defect in the base or sub-base material. Commerce Street with the current increased development in the Business Park is carrying a significant increase in traffic. With the completion of the Trammell Crow Heritage Business Park in Southlake and Grapevine, Commerce St. will be linked to Kimball Ave. and S.H. 26. Therefore, Commerce St. is expected to carry an increasing amount of traffic. Staff has been working with Trammell Crow Company to take advantage of the ability to utilize their paving contractor to make the needed repair to Commerce Street. The attached letter from Trammell Crow Company presents the proposal from L.H. Lacy Co. to make the repairs. The following items should be noted: • The City would save$10 per square yard by using L.H. Lacy and having them make the repair in July. [$48 vs. $38] This is approximately a 25% savings. • Because of the unknown condition of the base under the pavement, the proposal includes a factor for regrading at$5 per square yard, also if lime stabilization was needed an additional$2 per square yard would need to be added. • The proposal will be based upon actual square yards of work constructed. The project will be inspected and monitored by the City. Recommendation Therefore, Staff recommends that City Council authorize the City Manager to contract with Trammell Crow Company to have their contractor L.H. Lacy reconstruct approximately 444 square (11r• 5E-1 MEMORANDUM CURTIS E.HAWK COMMERCE ST.REPAIR MAY 30, 1997 PAGE 2 yards of Commerce Street at the rates of: demolition of existing paving and repaving $38/square yard regrade area to remove swells $5/square yard stabilize base with lime $2/square yard contingency $3/square yard for a total estimated cost of$21,312. The funds are budgeted in Streets and Drainage Division(144), Object Code 781.00 which has been designated for maintenance. Please place this item on the Regular City Council Agenda for June 3, 1997 for City Council review and consideration. BW/ls Attachment Trammell Crow Company Letter dated May 23, 1997 Map Exhibit M:\W P-FILES\STREETS\PUBLIC\COMMERCEVREPAIR.W PD Cie 5E-2 L I:c�.�II�mellCro\\ C �Illj)<lll� May 23, 1997 Via Facsimile and Mail (817)488-5097 Mr.Robert Whitehead Director of Public Works City of Southlake 667 North Carroll Ave. . Southlake,TX 76092 RB: Heritage Business Park Commerce Street repair Dear Bob: Below is a breakdown of the proposal I received from L H.Lacy Co.for the paving repairs to Commerce Street. Deanolition of existing paving and re-pay 444 sy[)a $38/sy=S16,872.00 IRegrade area to remove swells 444 sy®$5/sy =$ 2,220.00 Assumptions: 1)- $38/yd if on-site batch plant is used and paving is completed at the same time paving is in process(Iuly)at lieritage Business Park. 2) If Redim ix is required add S 10/sy(444 ay( $48/sy). 3) If Lime stabilization is required add$2/sy for prep and$120/ton for lime. 4) Additional undercutting has not been priced. Until the area is uncovered the contractor will not able to • determine if any additional work will be required, This will be reviewed with the City prior to any work proceeding. Our schedule calls for paving to start mid-July and we would propose to complete this work during that time. If you have any questions please feel fres to call me at(214)979-6102. Sincerely, Trammell Crow Dallas/Port Worth av,41 Andy Sitzer Senior Construction Manager cc: Clayton.Sorrelis,Lit.Lacy Co. file: 016/40-1314 L 5E-3 •Trammell Crow Dallas/Fort Worth Texas Commerce Tower 2200 Ross Avenrrj "1.t,jd� �213.11,,1:+�11-W2.20 60 L5 8z AtiW • 1111 fl.AC[ , War litilill 10000 VAN( ?LS • 1111111111111111111111 u. All' a 01 1 1 1 1 i 1 • t4 , .,,• 01 1 1 1 1 1 1 1 I •' •,, . , • .._ 00 N �.. 3 3E x ee ti L. VAN G ,, 8 �' wN t. 1' . X • • _ C y ` L / G •• di. .1 p ` ., ' A-474 ! ! i I pj1 . 1 1 Gfth.0 1-.7 - -—-—- : -—•—1— • .—g,. ---- I _ _ J t trj?P1/4 15.1( filR N9 1 1 ,, : .L . I 1 i . to • •f°' g et I a • \ ..1.Wratil;. 5E-4 —'I I i i 1 ... tom._ -4._ . ,- 1 City of Southlake,Texas MEMORANDUM May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Home Depot Request for a Variance to the Bufferyard Requirements along S.H. 114 due to the Right-of-Way Acquisition by the Texas Department of Transportation Background Texas Department of Transportation(TxDOT)is in the process of acquiring the necessary right-of- way (ROW) along S.H. 114 for the construction of S.H. 114 improvements to begin in 1999. Although the developer had originally accommodated the estimated taking line by TxDOT, as engineering plans have begun TXDOT has determined that they need an additional 15 ft. from Home Depot to accommodate proper slope grading this area. The attached"preliminary"plan shows the additional area required(labeled as Tract 42). The width of the area is variable reaching about 15 feet in width. When ROW is acquired there are two land areas appraised. The value of the ROW is total of the value of the actual part"taken"plus any"damages"to the part remaining. In this particular case, the damage to the part remaining is the reason for the request of the variance. TxDOT will be acquiring a portion up to 15 feet of the required 25-foot bufferyard along S.H. 114. Request Home Depot is requesting that the City of Southlake grant a variance to the 25 ft. bufferyard requirement of the Corridor Overlay Zone as needed to accommodate the TxDOT ROW taking. The granting of the variance would ensure that they would not become a legal nonconforming use on their property. The attached letter dated April 15, 1997 from Home Depot to TxDOT outlines their desired actions which are summarized as follows: (1) The project(Home Depot Site)will be deemed to be in full compliance with all zoning and landscape ordinances set forth by the City without the need for performing any remedial landscaping or other measure which would otherwise be required to meet existing zoning and landscaping requirements for the project as the result of the taking; (2) The project will be deemed to remain in compliance with the City of Southlake's zoning and landscaping ordinances upon conveyance to a third party, provided any building modifications are limited as set forth in subsection(3)below; 5F-1 • MEMORANDUM CURTIS E.HAWK HOME DEPOT BUFFERYARD VARIANCE REQUEST MAY 30, 1997 PAGE 2 (3) The owner of the project will be permitted to make interior and exterior modifications to the existing building on the project without the requirement of performing remedial landscaping or other measures which would otherwise be required to meet zoning and landscaping requirements as the result of the taking so long as the building size is not increased and the building use is a Permitted Use under the existing the C-3 Zoning District and complies with any variance already applicable to the project; and (4) In the event of a casualty, the owner of the project may rebuild the existing improvements without the requirement of performing remedial landscaping or other measures which would otherwise be required to meet zoning and landscaping requirements as the result of the taking Options • Deny the Variance Request: Home Depot would be in noncompliance with our ordinance. They or a subsequent owner would be liable to correct the deficiency by removing 15 feet of paved parking lot and installing the required landscaping. This would create a significant "damage" to the part remaining that TxDOT would need to pay, of which Tarrant County is paying 10% of the cost. • Approve the Variance Request: As per Home Depot's letter to TxDOT, they (Home Depot) look "forward to a quick resolution of all outstanding issues with TxDOT regarding the proposed taking". In a meeting with Wes Heald, TxDOT Fort Worth District Engineer, on Wednesday, May 28, 1997, Mr. Heald assured Mr. Hawk and Mayor Stacy that the 15-foot "taking" could be landscaped. Therefore,the 25-foot bufferyard could be reestablished. Recommendation Staff would recommend due to the taking of the additional ROW by TxDOT for the improvements to S.H. 114 and based upon TxDOT allowing the required landscaping to be placed in the S.H. 114 ROW to reestablish a 25-foot landscape buffer along S.H. 114 that City Council grant the variance to the bufferyard requirement as described herein. The variance would be for the property shown as number 42 on the attached TxDOT Preliminary S.H. 114 Alignment Plan. Lie 5F-2 MEMORANDUM CURTIS E.HAWK HOME DEPOT BUFFERYARD VARIANCE REQUEST MAY 30, 1997 PAGE 3 Please place this item on the Regular City Council Agenda for June 3, 1997,for City Council review and consideration. Feel free to contact me or Greg Last should you have any questions regarding this item. BW/ls Attachments: Home Depot's Letter to TxDOT dated April 15, 1997 Preliminary S.H. 114 Alignment Plan IW P-FILES\COMMERCIIV-CTIMBV F-VAR.W PD (kW 5F-3 w .emu I I:UUI r l i 4dd �41 r 4 NO.765 ` r P02 1' MAY-07-97 1415e FROMFALTMAN KRITZER LEVICK ID�7709550038 PAGE 2/3 AL1.1[.D.4CTMAV 1.A4 RC RGC•.A..[[ ::"t RA..er...TI• ALTMAN. KRITZER & LEV(CK, T-70C.•0 1•14iLU..■ P.C. sorcm. 6100 POWERS F€RRY ROAD N.W. ..GRc«r D. '0110 I'aWERT FERRY LANDING gulf•.cO�Wwr.♦R. L <Af(R Ce1RAf0" I.A`.RLRG[M.rqe...... SIIi�-�ZZA ..s.41.r..moor ATIAHT caalw Y.ewo.,c� A.GEORGIA +'A�L.A.N.moor 0379 ♦AHC3 N.I,ARN#.JI �R. •IETN1E M[ft wllRA'CT[a H.rgtKHA« (7T0)95S'i-3555 Ol`wrsrw4.ipR W.04M. Cl'I[TrIA♦:.ROiil[Ie.••ICZ ar Yraet C�MARL.JR. R.C444444 woyR ftR%IRGrOm e_RAHH aoMl c.w.aecwc 730 FIFTH AVENUE CRAAR w.wRrT(CR �� :.`c`^« SUITE 180$ �!elT NEW YORK.N s tCk. «aenyew NEW PORK IMP at v R a_1•{fftR f.iwf RD rqp�� rrcrcr.r.Ros[Rrs (212)489_3745 eCYHO O.Rtrmsemlk e.I,. 0*••4R0..au wCwePr T.Ce6orZ H_ DIRECT DIAL NUM6LQ: ow Rlyrur O.s«Icros Jei RSCTD�l7L 1�:8.[YLRHAw vI we aver o.SIMOra Oo+rc e.a1rwR (770)95i-e57Z (»o)!a3-1 I32 .wA•IK A.,OstCR - r..•IA..s.Iw RHAY April oU Ra r.r.e.eeer � 1S' 1997 tMOMAi O.4..tGpA� OO 1..rove -Aa..tt.•..we R..ant Cecil Wester Texas Department of Transportation 250I S.W. Loop Post Office Box 6868 Fort Worth, Texas 761154468 Re: Right-of-Way Ting at State Highway 114 LDear Mr Wei: Home Depot U.S.A.,Inc. ("Home Depot")has been advised afproposed right-ofr-way taking(the 'Taking")along State Highway 114 which will affect the new Home Depot store site in Southlake, Texas(the`Project"). Home Depot would like to coo Department of Transportation � ke with the Texas ('I DOT')with respect to this Taking but in order to do so it is important that certain concerns of Home Depot's be addressed in advance with the City of Southlake. . • The Project was approved by the City of Southlake only after Rome Depot carefully crafted a plan to meet extensive landscape requirements pursuant to Southlake's Landscape Ordinance No. 544 as modified by Zoning Ordinance 480-S providing for a corridor overlay zone along State Hay 114. The proposed Taking along State frighway 114 clearlywill provided for the Project. The value lost byHome impact the ' Depot as the result of this Taking will be significantly increased unless the City of Southlake agrees in advance to provide Home Depot a variance from the eeristing C-3 zoning ordinance and the additional ordinances cued above so that following the Taking by TDOT(i}the Project will be deemed to be in full compliance with all zoning and landscape ordinances without the need for performing any remedial landscaping or other measures which would otherwise be required to meet existing zoning and landscaping requirements for the Project as the result of the Taking,(ii)the Project shall be deemed to remain in compliance with the City of Southlake's zoning and landscaping ordinances upon conveyance to a third party,provided any building modifications are limited as set fo rth in subsection(iii) Nimmae 1011)04 5F-4 hKITLER L£VICK 1 D o 7 709 5 50 0 38 PAGE 3/3 t.Gtlt wCSCCC • April IS, 1997 Page 2 below;(iu)the owe of the to the e onProject without Pcrmiteq rt wake interior and remedial modifications toro other existing which would the requirement of peafo rming requirements as the result of the Taking so required����and laadscaping �� building use is a ��g size is not Permitted Use under the C-3 Zoningincreased with the a�already applicable to the Project and(iv)in the eventcompliese Project may rebuild the improvements without the requirementcasualty, owner of the zerneclial landscaping or other landscaping requirements as the remit Taking. d otherwise be requited to meet zoningperforming Assuming the cooperation of the City of BorneDepot looks forward to a r�of all oe with uts resolandii3 issues of hoot concerns, theeP thisposed a letter.Please contact me with any questions%you maye with t *Abb., e noG- Ro Jr. BGItanmf C ALTMAN, KRiTZER & LEVI CK. 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'::•;;;Npz,,,,:. ---....-- ii ::: . • ........ :---;:::::.... .• .....i.1-;(:::40 •••"•' ...---;',17.,.. ... \ L ,,..- 01 i:.....,, ........• .... . .... .., ;;.............,...: 5F-6 \)- , City of Southlake,Texas MEMORANDUM May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the City Manager to Execute a Contract for Sanitary Sewer Improvements to Construct a Six-Inch Sanitary Sewer Line from 2171 E. Southlake Blvd. to Approximately 600 Ft. West of Westwood Drive Background Since the construction of the sanitary sewer and lift station that serves Village center, Wal-Mart, Mesco Buildings, and the offices along E. Southlake Blvd. East of Kimball Ave., there has been a need to extend a sewer line along the south side of E. Southlake Blvd. from 2171 E. Southlake Blvd. (Dallas Foam, Inc.) to the west. This sanitary sewer would serve the existing buildings on Miron Drive, TeleSupport Buildings,Dallas Foam,Inc.,Ritz Office Development and would be available for a neighborhood sewer program for Woodland Heights when requested. City Council authorized Cheatham and Associates to design the sewer along Southlake Blvd. This project was advertised on April 27, 1997 and May 4, 1997. Eight bids were received, opened and publicly read at 10:00 a.m. May 15, 1997. Bid Tabulation The bid tabulation prepared by Cheatham and Associates is attached. J.S. Constructors of Keller is the low bidder. Cheatham and Associates have checked the contractors references and find that they are a responsible contractor meeting the qualifications in the bid documents. The bid consisted of two units. Unit I is to establish a 6-inch sanitary sewer line. Unit II is to remove and replace a section of the existing 12-inch water line to remove four 90 degree bends in the water main. Funding The 1997 Bonds included$160,000 for the sanitary sewer line. The apparent low bid on the sanitary sewer improvements received is$155, 937 (Unit I)which is under the amount specified in the 1997 Bond. The water main improvements funding (Unit II) with the apparent low bid of$40,844 is requested to be obtained from the Utility Fund, Water Line Maintenance Account. Low, 5G-1 , LMEMORANDUM CURTIS E.HAWK SANITARY SEWER IMPROVEMENTS MAY 30, 1997 PAGE 2 Recommendation Staff recommends that Council authorize the City Manager to enter into a contract with J.S. Constructors of Keller in the amount of$196,781 to construct Unit I(6-inch sanitary sewer line)and Unit II (water improvements on the south side of E. Southlake Blvd. from approximately 2171 E. Southlake Blvd. to 600 ft. west of Westwood Drive). Please place this item on the Regular City Council Agenda for June 3, 1997 for City Council review and consideration. AUL 6?"--/ 0;7141111, BW/ls Attachment: Robert Rowley Letter dated May 27, 1997 Bid Tabulation Plan Exhibit M:,W P•PILEMSE W ERLLINEW IRONIBID•AC PT.W PD .. L, 5G-2 • CHEATHAM AND ASSOCIATES May 27, 1997 Mr. Robert R. Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Sanitary Sewer& Water Service to the Miron Addition City of Southlake Project No. 001-433 Dear Bob: LeOn May 15, 1997, the City of Southlake received bids on the above referenced project. The low bidder was J.S. Constructors, P.O. Box 862, Keller, Texas. We have checked references on this company and they have been highly recommended. They have been in business approximately ten years. We recommend you award this contract to J.S. Constructors for their bid amount of$196,781.00. If you have any questions, please do not hesitate to call on us. Respectfully, Robert Rowley, P.E. F:IWORD\SOUTHLAKW331award.recommend.apd Enclosure: Bid tabulations cc: File ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 5G-3 ' v v o N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0) 0 ;0Q O pp Opppoo0opp000p6600Lotoo6000 b co U O M O O to N c-- p ((0 (.M) .- 0 0 .-- O to O O O O t) N O O O O '9 vIr a0 `Q: a) N to N 0 M (V O O N O N a0 to O to 0) .- p 0) O O J M c °N p a-- 6% M 69 to N n Ni: 69 69 .M--- Ili N N CO (o a0 O p 6% lid (o NI N ^ t9 69 CV 69 69 V* 69 696V9661 V* (O bN9 � 6�9 � 609 A .�- a 44- N 690 69 L1. w ^ co co V* N O ~ '.-Le k F— W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1... - O p ? 0 0000o0000000000oo0o00potnoo 69 co m O ai ma O N O O O N O CV N N a0 (M O tri 0 0 0 (A to(� C O to O to to •ct v O to . 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'AIANV-Ii VI Ar'' kh.* Tis Ellin I litt11-1 : s • iiiiii911111!" -,---111 44:1:101F: irJ 2120611 6 III .C11 11+11111114122671 .111ria'11.1 ill -$ ' -- -L.•ftg ":te / NO im 411114 11111 girrAMMI. A 414 11:1 imm,r-i- III ...er. 4,,„, . ... 1211111 fli •.II ffi 5G_13 ilT9-11.111 i is*.-1111 •mr irg • Vollilliw#1441 Maia111 Mom mb***It I //11111111111% ./111111/A1111•, 1 Ilo40 • City of South lake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-059 PROJECT: Plat Revision -Lot 1,Block 1 Rucker's Hacienda de Gusto STAFF CONTACT: Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for Lot 1, Block 1, Rucker's Hacienda de Gusto, 0.773 acres being a portion of Tract 3 in Obediah W. Knight Survey, Abstract No. 899 and a revAsion of Common Green No. 36, Block 12, Timarron Addition- Brenwyck, Phase 2. LOCATION: East of the Timarron Addition, Brenwyck, Phase 2, and at the east end of the Durham Court cul-de-sac. OWNERS: William and Zena Rucker APPLICANTS: Mike and Carol Rucker CURRENT ZONING: "SF-30" LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Fourteen(14) RESPONSES: Two (2) responses were received within the 200' notification area: • Grace Elaine Allison, 726 Nettleton Dr., Southlake, opposed. "We were told nothing could be built behind us which is one of the reasons we chose our lot and paid a premium for." • Richard Agin, 718 Nettleton Dr., Southlake, undecided. "Concerned about access to the property. Will it be through Timarron property or through Carroll Rd.?" P&Z ACTION: May 22, 1997;Approved(7-0)subject to Plat Revision Summary No. 1 dated May 16, 1997. STAFF COMMENTS: The applicant has met all requirements in Plat Revision Summary No. 1 dated May 16, 1997,with the exception of those requirements in the attached Plat Revision Summary No. 2 dated May 30, 1997. \WP-FILES\MEMO\97CASES\97-059PR.WPD ��y 1 . , e ....-- --i IA V ........krej -4.- Rtu.......::. _Liii .--Tir.1-'6,1 ., : • ri., , - i .: ..' ••• ,fr-- .........." • ; 5 / i r. i ;. ' . ' , . 1. • 1 '-k• iiifik \ k -•, ,,) ' I / tie nw:c: •i i i i • i i i ' f I 1 , i -------.-- .-- -p0------1...___r-r .— , „...._ . _TI------1— c a-t--- 1 ---V ; ..---c./ „ ,.1 - • 0-- !•--------A-6°,7-11 li To0---1-- - z .• ... wn HALL 3 ill 2111A ...tau t t .. , " - I ! ! • 1 k-• -, • i 1---1-- -----1- TT i* ..._... I, i ! i .. ....,' .4 I iiiis \ y c . 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M• Ai P .3 Ac 3183 Ac ._ - 1i 4.6 A IDgEi V. .Z" " „....- I •• ..., i P..'"" .'"--,awt TH 1 ,\ I -,-.- 28 ,I ,., •, . &----. GO LL 1E\ r4.•, • .-, --, NA MEDLIN . IA. T 2ci zi / I ,.. .\, .!, 11 ...--1. :.1...71,fY it- . ,,,C, \\'s...., . 5,5_ 64 63 62 61 >r 60 . 59 V1 • ADJACENT OWNERS ASHLEIGH LN AND ZONING .4.1. r42 zz1r42 IIz om: •I 33 - 5 *ALL ZONING IS PUD-1 SPIN #9 LAURA MIKLOSKO 253 '354 255 R 56 • a 57 1. The Drees Home n 2. Timarron Land Corporation 3• Timarron Land Corporation 50 =49 4. Timarron Land Corporation 50 4948r I 5. Timarron Land Corporation I� 6. Timarron Land Corporation OAKCREST CT + 7. Timarron Land Corporation " ry • 8. Weekley Homes Inc. l� ~ 9. G. Tribble i 14 • 13 ` 10. R.Agin 1 2 11. M.Womble 's 12. D. Koeninger 12 13. K. Thomason 415 s 14. D.Allison 14 14 15. J. Culling •a �16 �Y 11 I I 5 L• 16. C. Eastman ,� 3 4 ��tt 17. W. 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(1•0" .. . : 1'1A• '. ..,• 4 oi. _ Ll I :-.• : ' 'T'411 di, .itifi4P41.7.-•-,,,r.'•:.. , . , . 7 City of Southlake,Texas PLAT REVIEW SUMMARY Case No:ZA 97-059 Review No: Two Date of Review:5/30/97 Project Name:Plat Revision-Lot 1,Block 1,Rucker's Hacienda De Gusto being 0.773 acres situated in the O.W.Knight Surveys Abstract No. 899 APPLICANT: SURVEYOR: Michael and Carol Rucker Ward Surveying Company 1809 Harvest Moon Driye P.O. Box 820253 Grapevine. Texas 76051 Ft. Worth.Texas 76182-0253 Phone: (8.17)481-2291 Phone: (817) 281-5411 Fax: Fax: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/27/97 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Delete the dashed line on Brenwyck Phase I where it is not labeled if it does not exist. 2. The following changes are needed with regard to the legal description: a. Provide the deed record volume and page for the current owners in the preamble. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 6/9/97. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment cc: Michael and Carol Rucker Ward Surveying Company VP-FILESMEV197197059PR2.WPD 5{f-5 • r OMB • 3 ?xi3?=3 L= s� z�• Fz_ ssi = _ =r i f "4 sil> ii 1 i :pit r -s 3c I. saIIII a;; 3 g ; F fs L? z:3 _ s LIU 07) I1--121 • iri • •ig l- _ :ss .s Is-i 211 _ isF . iLIasi s £t LLLLLL i•i - oL - i iCu & �F s s £ ? 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City of Southlake,Texas RESOLUTION NO. 97-41 A RESOLUTION EXTENDING A MORATORIUM FOR AN ADDITIONAL THIRTY (30) DAYS ON THE APPROVAL OF ASSISTED CARE LIVING CENTERS; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECT UPON EXPIRATION OF THE CURRENT MORATORIUM. WHEREAS, the City Council of the City of Southlake has adopted Ordinance No. 480, as amended,as the Comprehensive Zoning Ordinance of the City, which regulates the location and use of buildings, other structures and land for business, industrial, residential and other purposes; and WHEREAS, the Comprehensive Zoning Ordinance does not contain specific regulations applicable to the location or development of assisted care living centers (also know as personal care living centers); and WHEREAS, the City has received inquiries regarding the location and development of assisted care living centers within the city which might adversely affect surrounding properties or the proper and orderly growth of the city; and WHEREAS,the City Council on 12-03-96 adopted a 120 day moratorium on the issuance of permits for assisted care living centers in order to maintain the status quo within the city until such time as the City Council has had a reasonable time to review the provisions of the Comprehensive Zoning Ordinance related to assisted care living centers within the city and to take appropriate action as may be required to protect the public health, safety and welfare with regard to the prohibition of such centers; and WHEREAS,on 4-01-97 an additional sixty(60)day moratorium was placed on the issuance of permits for assisted care living centers is a minimally intrusive method of maintaining the status quo until such review could be completed; and 527 -/ Resolution No. 97-41 Page 2 (Nei WHEREAS, in accordance witli the directive in said moratorium, a proposed ordinance regarding the location and development of assisted care living centers has been prepared and acted upon by the Planning and Zoning Commission with a recommendation forward to City Council for consideration; and WHEREAS, the City Council has determined that the moratorium should be extended in order to allow for City Council review to be completed; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. For a period of thirty (30) days, effective upon expiration of the original one hundred and ar twenty (120) day moratorium and the sixty (60) day extension thereof, no application for a permit shall be accepted and no permit shall be issued ed for any assisted care living center in the City of Southlake unless an application for the permit was received by the city prior to the passage of the original moratorium or unless the assisted care living center receives planned unit development zoning approval from the City Council. The purpose of this moratorium is to maintain the status quo within the city until such time as proper regulations have been adopted with regard to assisted care living centers. SECTION 2. The term "permit" as used in this resolution shall mean a license, certificate, approval, registration, consent. permit, or other form of authorization required by law, rule, regulation, or ordinance that must be obtained by a person in order to perform an action or initiate a project for which the permit is sought. SECTION 3. L This moratorium shall remain in effect for thirty (30) or until such time as the City days y Jul — c Resolution No. 97-41 Page 3 (ire' Council has had a reasonable opportunity to consider an act upon appropriate amendments to the zoning regulations applicable to assisted care living centers. Upon final adoption of any ordinance amending the regulations applicable to assisted care living centers or upon a final determination being made by the City Council that amendments are not necessary, this moratorium shall expire. This moratorium shall automatically expire on June 30, 1997 unless it is specifically extended by additional City Council action. SECTION 5. PASSED, APPROVED AND EFFECTIVE ON THIS DAY OF , 1997. C Mayor Rick Stacy ATTEST: Sandra'L. LeGrand City Secretary D.IrP-F!LE LORD-RES.JGR'9"a/.RES/kb C ,5"Z - 3 ` City of Southlake,Texas MEMORANDUM (rie May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Community Services Manager SUBJECT: Ordinance No. 675, 2nd reading, amending Ordinance No. 583 which grants a cable television franchise currently owned by Marcus Cable Associates, L.P.; granting consent to the assignment and transfer of a cable television system and franchise from Harron Cablevision to Marcus Cable, L.P.; repealing Ordinance No. 321 which granted a cable television franchise currently owned by Harron Cablevision of Texas. This item was approved by City Council on first reading at the April 15, 1997 meeting. At the time, we told Council that since we already had a franchise agreement in effect with Marcus Cable, there was some question as to how that affected the transfer, and whether we would operate under two franchise agreements, or amend the current agreement with Marcus. At the May 20th City Council meeting, staff briefed the Council on the negotiations to date with Marcus Cable and requested the ordinance be tabled once more to allow us to finalize the agreement. Attached is the revised Ordinance No. 675 which will essentially guarantee that we continue the same benefits we currently have under the Harron agreement. A redline/strikeout copy of Ordinance No. 675, along with a clean copy, is attached. Exhibit A to Ordinance No. 675 amends the current agreement with Marcus to incorporate those benefits we have under the existing Harron franchise agreement. The key points of the amendment are: 1. Marcus will reserve at least one channel as a joint government/educational access channel for use by the City and public schools in Southlake. '2. Marcus will provide an emergency interrupt transmission path and emergency use of the cable system. 3. The City agrees to accept a 3% franchise fee from Marcus until August 31, 2000 (the expiration date of the current Harron agreement which stipulates 3%). Afterwards, Marcus will pay a 5% franchise fee until expiration of the Marcus franchise agreement. 4. Marcus agrees that it shall extend service to all areas of the City. 5. Incorporates standard language agreed upon 2 years ago by Marcus and a consortium of cities served by Sammons, which provides for ensuring adequate signal quality, customer service, and service and equipment to public facilities. A comparison of the current franchise agreements the City has with Harron Cablevision and Marcus Cable is also attached. Staff has also surveyed other cities served by Marcus Cable in regards to their franchise agreements and the results of this survey are also attached. As can be seen from the comparison of Southlake's franchise agreements with Harron and Marcus, the major (17., items have been incorporated in the amendment. 7iQ—i • Ordinance No. 675, 2nd Reading May 30, 1997 Page two We have been working with the attorneys, ours and Marcus', via fax and as of late today, Marcus is still reviewing the amendment. There are still some minor issues to be resolved, but we will have these ready for City Council by the work session Tuesday night. Please note that we are not renegotiating the existing franchise agreement with Marcus, but simply seeking to amend the existing agreement. I am available for any further questions you may have. KH Attachments 7/9-4k_ C (se SOUTHLAKE'S FRANCHISE AGREEMENTS Harron Cable Marcus Cable Termination September 1,2000 June 15,2008 Date 15 years 15 years Transfer of N/A N/A Franchise Revenues 3%GSR 5%GSR Complaint Maintain a written log of complaints Office accessible by phone 365 days/ Procedures 24 hours a day;complaints serviced within 24 hours;maintain a service log Extension of >250 feet of aerial extensions plus within 500 feet of existing trunk Service >100 feet of underground extensions; cable;number of homes to be passed average number of houses will not be exceeds/equals 50/mile reduced<40/mile Channels 1 channel reserved for public school N/A use provided free of charge Service 48 hour notice; Emergency use of N/A Interruptions CATV available upon request; transmission path for emergency provided Operational Quality of Picture;Cross Modulation/ N/A Standards Interference Other Basic service without charge to City N/A Hall,Main Fire station and each public school,capable of receiving and transmitting audio and video signals. L 1 M- 3 Page 1 MARCUS CABLE ASSOCIATES, LTD. Ft. Worth North Richland Hills Crowley Companies Sammons/Marcus Sammons/Marcus Sammons/Marcus Termination N/A January 28,2007 15 years Date Transfer of N/A No transfer without written No transfer without written Franchise approval from the City approval from the City Revenues N/A 5%GSR 5%GSR Complaint Same quality as Sammons plus Toll free telephone number Office near the City,accessible Procedures historical expenditure info. and accessible 365 days a year,24 toll free number 365 days a staff levels on customer service hours a day;maintain a service year,24 hours a day;maintain log a service log Extension of Line extensions based on a 30 >250 feet of existing cable, >250 feet of existing cable, Service home per mile number of homes which number of homes which exceeds/equals 40/mile exceeds/equals 50/mile Channels 5 access channels 1 educational access channel for Lifeline to public schools,fire, BISD,Haltom HS and TCJC, police stations and City Hall. 1 and 1 governmental access educational access channel and channel 1 governmental access channel Service N/A yes yes Interruptions Operational None None None Standards Signal Provide written report of such All testing done in person and All testing done in person and Quality testing providing a written report providing a written report Other Provide same installation and Provide same installation and Activities prohibited;Provide service without charge to public service without charge to public same installation and service facilities,the highest level of facilities;will not pass through without charge to public installation/service without "external costs"except which facilities,the highest level of charge as it provides to other exceed$500/year;Provide and installation/service without communities in the Ft. Worth be responsible for maintaining charge as it provides to other area,and will not pass through the connection of an Institutional communities in the Ft. Worth "external costs"except which Connection Network Service to area,and will not pass through exceed$5,000/year. all municipally-owned buildings "external costs"except which within the City at its expense. exceed$500/year;doesn't allow cable or other operations to be interfered with television receptions of persons not serviced. 7 ?- %' Page 2 MARCUS CABLE ASSOCIATES, LTD. (le Benbrook White Settlement Everman Companies Sammons/Marcus Storer/Marcus Austin&Associates Termination August 11,2006 15 years N/A Date Transfer of No transfer without written No transfer without written No transfer without written Franchise approval from the City approval from the City approval from the City Revenues 5%GSR 5%GSR 4%GSR Complaint Telephone number accessible Local business office with Office near or in the City with a Procedures 24 hours a day,7 days a week normal hours,maintain a listed telephone number; Service with historical expenditure service log,and provide calls made promptly. information and staffing levels actions within 2 days of provided;All complaints will receipt. go through Marcus' local office manager. Extension of >500 feet of existing trunk Not stated Average density is 7 subscribers/ Service cable,number of homes 1/4 mile exceeds/equals 10/ 1/4 mile. Cr' Channels 1 non-commercial Provide studio access,video 1 educational access channel, 1 governmental access channel to taping,equipment and governmental access channel and 1 be programmed by the City; remote capabilities. public access channel with studio, also provided are portable Assistance will be free of lights and sound equipment camcorders,video camera and charge up to 40 hours a VCR month,afterwards fee will be negotiated on a per hour basis. Service yes Not stated yes Interruptions Operational None Activities prohibited Interconnection,Theft of Services Standards and Tampering Signal All testing done in person and All testing done in person None Quality providing a written report. and providing a written report. Other Provide same installation and Provide same installation and Public buildings connected at no service without charge to public service without charge to charge,which include any other facilities,the highest level of public facilities,the highest public facilities that may exist in installation/service without level of installation/service the future;Political Advertising charge as it provides to other without charge as it provides and Religious programming communities in the Ft. Worth to other cities in the FW area, leasing opportunities at area,and will not pass through and will not pass through commercial rates. "external costs"except which "external costs"except which exceed$500/year. exceed$500/yr. 2 Mt:©. _99 1:. :2 31 2:=:E3: MI_r.1: �I:43E e8 ORDINANCE NO. 675 AN ORDINANCE Al? tiFM?4,r • ° ° .��. v« el g a t. fY ,1{ A '*.;41 J'DD t't; t jA ',,, GRANTING'CONSENT TO THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM HARRON CABLEVISION OF TEXAS,INC., TO MARCUS CABLE ASSOCIATES, L.P.; N a-r 44: f : A " ' ` PROVIDING THAT THIS ORDINANCE LL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABI ITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, 4 the-cable television franchise adopted and approved by the city council as Ordinance No. 321 ' (the Mogi franchise) is currently owned and operated by Harron Cablevision of Texas, Inc., a Delaware Corporation, (hereinafter referred to as Harron Cablevision); and WHEREAS, On March 4, 1997 Harron Cablevision and Marcus Cable Associates, L.P., a Delaware limited partnership, (hereinafter referred to as Marcus Cable) entered into an Asset Purchase Agreement pursuant to which Herron Cablevision agreed to assign and transfer the 'franchise and its cable television system in the City of Southlake, Texas to Marcus Cable; WHEREAS, Harron Cablevision and Marcus Cable submitted an Application for Franchise Authority Consent on FCC form 394 providing certain information with respect to the parties and the proposed transfer; and (kr- laid slake eluurtoweableslai P 7/9. 6 e°!:0,':997 I:: __ 81723,= E?_ MIA•C`r 4'..GE e9 (Pe WHEREAS, Marcus Cable from and after the date of the closing of the transactions described in the Asset Purchase Agreement, assumed and agreed to perform each and every obligation of the Migilj franchise; and _... cetl ays a�: +eto atdic> witbt agg* �'i y` -0: in : t i' ! l t tiAl NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SO1YrHLAKE, TEXAS: SECTION 1 A t t -1' ' s � . ` t x. <s as t 'v r' a .5 (.�Lar'.1 1S# ,4 a{Ir +9 e � 4 p Sr 4 e , � A { , < i .a14,w'2 Y � �' R ^ be 9 2, t ... 7 i _� • e t:'t� a Aa is ..: > .>a- .. :f.„' ..;.. . ..:Sn Y .. .. ....,.. ..i. ...v..w Mn. W 1.'r.:S ;7 4'/.- fw{ t r Yf w. t MN '� -: Y S < (Ire ,„,i -„ ,,.'; '' YL \ a �tM l ` tw -li � tev , , • SECTION 2 That the Ifiggn franchise is in full force and effect without default thereunder by Harron Cablevision to the date hereof in accordance with its terms and conditions as set forth therein and that no breach has occurred or is continuing under the 1-franchise. SECTION 3 The City of Southlake, Texas, waives any rights of first refusal that it may have to assume the KiltiON franchise upon any transfer contemplated hereunder. SECTION 4 Marcus Cable may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and V Inwalaltdordit ra:e•cableal t6 Pro 2 7,2-7 M!=0, :397 12: 22 .31723E=E9-' Kit•C'e :1"3E 10 benefits in and to the cable television system and the franchise, to any lender providing financing to Marcus Cable. Any assignment or transfer by a lender or as a result of foreclosure will require the City's consent as provided in the city charter. SECTION 5 The consent to transfer herein provided shall be effective upon—evil—e concurrent with C N X' 4 VliW, i rp' the closing of the transactions described in the Asset Purchase Agreement; and 'the subsequent transfer of the assets related to the franchise to Marcus Cabl and glift Marcus Cable shall notify the City of Southlake, Texas promptly upon the closing of such transactions. SECTION 6 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption 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, as required by Section 3.13 of the Charter of the City of Southlake. L, f likevLlcewedinanceublal.Yr Pao 3 7,9-8 05i Q/193' 12:22 3172389-1'32 MUUCr P4,1- 11 SECTION 9 This ordinance shall be in full force and effect from and after its passage, publication as required by law '.Ili *****4 rb t St * and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 199 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 199 . C MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney r1aM alaWardn.acewel..ttit Pt Z4-9 @!/30. :997 12:22 917238E92 MUF.Cr ^.GE 12 (sie ACCEPTANCE BY MARCUS CABLE In consideration for the consent by the city of the transfer of the cable television system and franchise from Harron Cablevision of Texas, to Marcus Cable Associates, L.P., Marcus Cable accepts the terms and conditions of this ordinance, including EXHIBIT A. Marcus Cable Associates, L.P. Dated: By: Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L.P., hereby unconditionally guarantee performance of the obligations of Ordinance No. 583, as amended by this ordinance, by Marcus Cable Associates, L.P. Marcus Cable Operating Company, L.P. Dated: By: Marcus Cable Company, L.P. Dated: By: Marcus Cable Properties, L.P. Dated: By: (Me eSlauLkeamd}decrceblaLt& Pare 1 7c' —/O 05/30/1997 12:22 8172389692 PP.NCY PAGE 13 ORDINANCE NO. 675 AN ORDINANCE AMENDING ORDINANCE NO. 583 WHICH GRANTS A CABLE TELEVISION FRANCHISE CURRENTLY OWNED BY MARCUS CABLE ASSOCIATES, L.P.; GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM HARRON CABIEVTSION OF TEXAS,INC., TO MARCUS CABLE ASSOCIATES, LP.; REPEALING ORDINANCE NO. 321 WHICH GRANTED A CABLE TELEVISION FRANCHISE CURRENTLY OWNED BY HARRON CABLEVISION OF TEXAS, INC.; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, a cable television franchise adopted and approved by the city council as Ordinance No. 321 (the Harron franchise) is currently owned and operated by Harron Cablevision ofto a Texas, Inc., a Delaware Corporation, (hereinafter referred as Herron Cablevision); and WHEREAS, On March 4, 1997 Harron Cablevision and Marcus Cable Associates, L.P., a Delaware limited partnership, (hereinafter referred to as Marcus Cable) entered into an Asset Purchase Agreement pursuant to which Harron Cablevision agreed to assign and transfer the Harron franchise and its cable television system in the City of Southlake, Texas to Marcus Cable; WHEREAS, Harron Cablevision and Marcus Cable submitted an Application for Franchise Authority Consent on FCC form 394 providing certain information with respect to the parties and the proposed transfer; and HiliswilalWardirmodenbk•L* Pip 7,2-,i 05/30/1997 12:22 8172389692 hUNCY PAGE 14 (be WHEREAS, Marcus Cable from and after the date of the closing of the transactions described in the Asset Purchase Agreement, assumed and agreed to perform each and every obligation of the Harron franchise; and WHEREAS, Marcus Cable currently owns a cable television franchise in the city, which was adopted and approved by the city council in Ordinance No. 583 and which contains significant differences from the Herron franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 (a) Ordinance No. 583, which grants a cable television franchise currently owned by Marcus Cable Associates, L.P., is amended by adding the provisions of EXHIBIT A, attached to this ordinance and made a part of this ordinance for all purposes. If there is any conflict between Ordinance No. 583 and EXHIBIT A, the provisions of EXHIBIT A control. (b) The city council hereby approves the transfer and assignment of the cable television system and Herron franchise from Herron Cablevision to Marcus Cable. (c) Ordinance No. 321, which granted a cable television franchise currently owned by Harron Cablevision. is repealed. SECTION 2 • • That the Herron franchise is in full force and effect without default thereunder by Herron Cablevision to the date hereof in accordance with its terms and conditions as set forth therein and that no breach has occurred or is continuing under the Harron franchise. SECTION 3 The City of Sout lake, Texas, waives any rights of first refusal that it may have to assume the Herron franchise upon any transfer contemplated hereunder. SECTION 4 Marcus Cable may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets. including its rights, obligations and rae.N.lic. . r.lee Pop 2 05/30/1997 12:22 8172389692 MUIC'Y PAGE 15 ,. benefits in and to the cable television system and the franchise, to any lender providing financing to Marcus Cable. Any assignment or transfer by a lender or as a result of foreclosure will require the City's consent as provided in the city charter. SECTION S The consent to transfer herein provided shall be effective upon the occurrence of all of the following events: (1) the closing of the transactions described in the Asset Purchase Agreement; and (2) the subsequent transfer of the assets related to the Harron franchise to Marcus Cable; and (3) the written acceptance of this ordinance including EXHIBIT A by Marcus Cable. Marcus Cable shall notify the City of Southlake, Texas promptly upon the closing of such transactions. (Itar SECTION 6 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8 (16.p, The City Secretary of the City of Southlake is hereby directed to publish the proposed Z4 /3 e5/30/1997 12:22 8172389692 MUNCY PAGE 17 C at least ten (10) days before the second reading of this ordinance, as required by Section 3.13 of the Charter of the City of Southlaloe. SECTION 9 This ordinance shall be in full force and effect from and after its final passage, publication as required by law, and its acceptance as provided by Section 5, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 199_. MAYOR ATTEST: CTTY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 199_„_. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney fAllameadderatillaseetabit4Ltfr Pew 4 05/30/1997 12:22 8172389692 h1.NGY PAGE 16 Csire ACCEPTANCE BY MARCUS CABLE In consideration for the consent by the city of the transfer of the cable television system and franchise from Harron Cablevision of Texas, to Marcus Cable Associates, L.P., Marcus Cable accepts the terms and conditions of this ordinance, including EXHIBIT A. Marcus Cable Associates, L.P. Dated: By: Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P. and Marcus Cable Properties, L.P., hereby unconditionally guarantee performance of the obligations of Ordinance No. 583, as amended by this ordinance, by Marcus Cable Associates, L.P. Marcus Cable Operating Company, L.P. Dated:(hime By: Marcus Cable Company, L.P. Dated: By: - Marcus Cable Properties, L.P. Dated: By: (IMP0' * Psis 7,9—/5 EXHIBIT A TO ORDINANCE NO. 675 c. Ordinance No. 583 is amended by adding the following provisions: Marcus Cable Associates, L.P. ("Marcus") makes the following agreement in consideration for the consent by the City of Southlake. Texas ("City") to the transfer of the cable television franchise and system operated by Harron Cablevision of Texas, Inc. Marcus Cable Operating Company, L.P., Marcus Cable Company. L.P. and Marcus Cable Properties, L.P.join this Agreement for the purpose of guaranteeing Marcus' performance of the franchise granted by Ordinance No. 583 as amended by this ordinance (the "Franchise"). 1. The promises, covenants, and conditions contained herein inure to the benefit of the City and are binding on Marcus. 2. Marcus acknowledges that the transaction described in the Asset Purchase Agreement dated as of March 4, 1997, between Marcus Cable Associates, L.P. as buyer and Harron Cablevision of Texas, Inc., and other entities as seller (collectively "Harron"), and the transfer of the franchise granted by Ordinance No. 321 pursuant thereto are expressly subordinate to and will not affect the binding nature of this ordinance, and that the consent of the City to the transaction does not constitute a waiver or release of any rights of the City. Marcus assumes and agrees to perform all of the obligations of the Franchise including any obligations to make refunds for periods prior to the transfer. c, 3. Marcus acknowledges that the City has consented to the transaction in reliance upon the representations, documents and information provided by Marcus and Harron, all of which are incorporated herein by reference. 4. Government/Education Access Channel At least one channel shall be reserved for use as a joint governmentaleducational access •channel for use by the City and public schools located within Southlake. Such channel (s) shall be provided free of charge. 5. Emergency Access Path Marcus shall provide an Emergency Access transmission path to its cable system, for use by the City in times of crisis. This emergency interruption shall be capable of introducing a bulletin on all channels simultaneously. The emergency access system shall comply with FCC regulations and shall be installed as soon as practicable upon release of FCC rules regarding this feature. 6. Payments to the City Marcus shall, during each year of operation under this agreement until August 31, 2000, pay to the City an annual sum of three percent (3%) of the Gross Subscriber Revenues L, 7/9-/e. received by Marcus from operations within the City for the prior year. (tio, Beginning August 31, 2001, until termination of this agreement, Marcus shallpayto the g City an annual sum of five percent (5%) of the Gross Subscriber Revenues received by Marcus from operations within the City for the prior year. 7. Extension of Service Marcus shall extend its services to all areas within the present City limits, or annexed to the City subsequent to the effective date of this amendment. Marcus shall extend service to new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditions: (a) Where the new subscriber, or nearest subscriber of a group of new subscribers is located within 500 feet of existing trunk cable; or (b) Where the number of homes to be passed by such new extension cable plant exceeds or equals 40 homes per mile of such new extension cable plant; (c) In the event the requirements of subsections (a) and (b) are not met, Marcus may charge an additional fee to cover its costs of installation. Le 8. Customer Service (a) Marcus will comply with the customer service rules of the FCC as presently in effect, 47 CFR§ 76.309. Marcus's compliance shall be measured and enforced as follows: (i) For the purpose of such rules "normal business hours" therein are • deemed to be 8:00 AM to 5:00 PM Monday through Friday, and Saturday 9:00 AM to 1:00 PM. (ii) Transfer to or answering by a voice mail system (or other automated response system) does not constitute answering "by a customer representative" under§ 76.309 (c)(ii) or analogous provisions of such rules. (iii) Within 20 business days of the close of each calendar quarter (or monthly, if the City requests same), Marcus will provide the City with a report in such form as the City and Marcus may reasonably agree, setting forth on a consistent basis, fairly applied, Marcus' performance as compared to the standards for telephone answer time, busy signals, standard installations, service interruptions, appointment windows, refunds and credits. (iv) Such reports shall show and use the telephone calls originating 2 from within the City if that information is readily available from the system, and as to installations, service interruptions, appointment windows, refunds, credits and the like shall show and use data only for subscribers in the City. (v) Such reports shall show Marcus' performance including and excluding any periods of abnormal operating conditions, and if Marcus contends that any such abnormal conditions occurred during reporting period in question, they shall also describe the nature and extent of such conditions. (vi) Marcus acknowledges that non-compliance with customer service standards will harm subscribers and the City and that the extent of harm will be difficult or impossible to measure. The City may therefore assess liquidated damages against Marcus for non-compliance with the preceding customer service standards as follows: The FCC Rules currently state as to § 76.309(c)(1)(ii) and (iv); and § 76.309 (c)(2)(1), (ii), (iii) and (iv) (collectively "quarterly customer service standards") that the standards set forth therein "shall be met no less than ninety (90) percent of the time under normal operating conditions measured on a quarterly basis." a. Liquidated damages may be assessed if Marcus does not meet the ninety (90) percent standard for a given subsection (for example, § 76.309 (c)(2)(ii)) of the quarterly customer service standards in a given calendar quarter as follows: (re First Second Third and subsequent Non-compliance Non-compliance Non-compliance $0 $500 $1,000 b. The City may collect liquidated damages from any bond or letter of credit furnished under the Franchise. (b.) In the event of a change in 47 CFR § 76.309 that makes any of the Federal customer service standards therein less stringent than those in effect in July, 1995, the City may adopt customer service regulations as to the subject matter of the portion of the rule that is changed. City agrees to meet with Marcus on any proposed changes prior to taking action on them, and to provide Marcus with at least 60 days of such action. Marcus agrees to comply with any such provisions that are no more stringent than those contained in 47 CFR § 76.309 as in effect in July, 1995, and to such extent agrees that it is not entitled to recover the costs of such compliance through external cost treatment or otherwise. (c) Marcus acknowledges that under applicable § 76.309 law the City may unilaterally establish and enforce reasonable customer service regulations that (lbre 7,47-a exceed or are not addressed by the standards established by the FCC or the standards currently established by the Franchise. (d) Marcus will provide at minimum the same quality of customer service that Harron is currently providing, but in all events no less than the quality of service required by the Franchise, any other applicable City ordinance and applicable FCC regulation. As evidence of, and to assist in compliance with such commitment, Harron and Marcus agree as follows: 1. On an annual basis, Marcus will provide the City with staffing levels of historical expenditure and staffing levels on customer service related matters; the customer service standards currently used; its materials, if any, on same as used by its customer service representatives; and its procedures and forms used to measure compliance with applicable customer service standards. 2. Marcus will provide such other information as the City reasonably requests relating to customer service matters. 9. Signal Quality The following shall apply to Marcus' implementation of and compliance with the rules and regulations relating to cable television technical standards for technical standards for signal quality adopted by the FCC in MM Dockets 91-169 and 85-38 on February 13, 1992 and subsequent amendments thereto: (Irre (a) All testing for compliance with the FCC technical standards shall be done by a person with the necessary expertise and substantial experience in cable television matters. (b) Upon request, Marcus shall provide the City with the written report of such testing. • (c) Marcus shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to the manager of Marcus' local office. All matters not resolved by the manager shall at Marcus' or the subscriber's option be referred to City for attempted resolution. All matters not resolved at that step shall be referred to FCC for it to resolve. (d) Marcus shall annually notify its subscribers of the preceding. (e) Upon request by the City, Marcus at its expense will test the system in areas or at subscriber locations specified by the City where there are apparent problems and provide the City with the written report of such testing. If the test shows a non- compliance with such standards, Marcus will bring the system into non- compliance with such standards within 180 days. C 4 7,4-19 10. Prior Defaults Marcus agrees on behalf of itself and its affiliates that it will not contend (Iv directly or indirectly that any defaults or failures to comply with the franchise or other matters set forth in 47 USC § 546 (c)(1)(A) (Communications Act of 1934, Section 626 (c)(I)(A)) (collectively "defaults") by Harron occurring prior to the transfer to Marcus are waived, including but not limited to the following: (a) The ability of the City to obtain redress for prior defaults, such as recovery of any underpayment of franchise fees. (b) The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. Marcus reserves the right to contend that the transfer and the City's approval thereof preclude the City from considering defaults that occurred prior to the transfer in connection with any renewal or non-renewal of the Franchise. The City reserves the right to oppose such contention. The City confirms that it has informed Marcus of all defaults or other instances of non- compliance with the Franchise of which the City Administrator primarily responsible for cable television matters is aware as of the date hereof (without, however, having conducted any financial or other audit of performance or compliance). (...„, 11. Validity of Franchise Marcus accepts and agrees to be bound by the terms and conditions of the City Charter, the Franchise and all other ordinances applicable to its operations after the transfer. Marcus does not contend that any provision of the Franchise is unlawful or unenforceable, nor is it aware of any other ordinance or any provision in the City Charter which it contends is unlawful or unenforceable. The City acknowledges that the Franchise is in full force and effect. 12. Service and Equipment for Public Facilities (a) Marcus will continue to provide the same installation and service, without charge, to public facilities as Harron is providing at the present time, but in all events no less is required by the Franchise or any other applicable city ordinance. (b) In addition, at the City's request Marcus will provide to the public facilities identified in the Franchise or other applicable city ordinance the highest level of installation and service without charge as it provides to any other community in the Ft. Worth area. (c) If any service or equipment for public facilities provided pursuant to subsections (a) and (b) above exceeds the requirements of the Franchise or other applicable city ordinance, Marcus will not pass through the costs as so-called "external costs" or as new franchise requirements except that Marcus may pass through the . cost of such services under subsection (b) above that exceeds the requirements of 5 7,;2-2o the franchise or other applicable city ordinance to the extent that cost exceeds (of $500 per year. 13. EEO Matters Marcus agrees to faithfully adhere to all applicable federal, state and city laws, rules and regulations relating to non-discrimination, equal employment and affirmative action. 14. Access to Records The records and reports of the franchise grantee which are submitted to the City or otherwise made available for the City (such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Marcus Cable Operating Company. L.P., Marcus Cable Company, L.P., Marcus Cable Properties, L.P., and their affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise, FCC rules or state or local law, or to insure compliance with the Franchise or this Agreement. 15. Franchise Requirement (a) Marcus will give the City 60 days notice in writing prior to allowing any telecommunications entity other than Marcus to use or lease its facilities (other than towers) in the City or capacity thereon or to amending any agreement with such entity. No such arrangements or uses are presently in existence except as have been disclosed. "Telecommunications entity" means any entity subject to the jurisdiction of or regulated by the Federal Communications Act Commission (such as under the Communications Act of 1934 as amended) or the Texas Public Utility Commission or their successors, including telephone, alternative access and cable companies. Marcus will provide the City with such documents relating to the foregoing as the City may reasonably request, including copies of the agreements. (b) Marcus will give the City 60 days notice in writing prior to providing telecommunications services within the City or making its facilities (other than towers) available to others for that purpose. "Telecommunications services" means conventional telephone service, such as alternative access service which connect user locations and connect users to long distance companies. (c) Nothing herein shall expand or modify any restrictions or limitations under the Franchise or applicable law on use for telecommunication purposes of the facilities being acquired by Marcus. 16. Transactions transparent to Rates Marcus acknowledges that the transfer, the consent process, the City's action granting consent, and the acceptance of this ordinance do not provide any basis for increasing the amounts paid by subscribers through cost pass- through as so-called "external costs" as new franchise requirements and the consent process. action, and this ordinance do not provide any basis for increasing the amounts paid by subscribers in any other manner. C 6 7,QJ 17. Other Matters the (a) In the event of any conflict between the terms of this ordinance and Ordinance No. 583, or any City Ordinance, that provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. (b) Marcus will join the City in obtaining from the FCC any waivers from time to time necessary to effectuate the provisions of this ordinance. (c) If the transfer of the Harron franchise to Marcus Cable Associates, L.P., is not completed on or before July 3, 1997, then at the City's option prior to the transfer occurring, this ordinance and the City's consent to transfer shall become null and void. Such option may be exercised prior to the transfer occurring by the City giving written notice to Marcus and Harron at the addresses designated in the Asset Purchase Agreement dated as of March 4, 1997. (d) Marcus will cause the City to be reimbursed, by Harron or otherwise, for its reasonable expenses in connection with the consent process including publication costs and fees of consultants and attorneys. (e) The term "affiliate" means any individual, partnership, association joint stock company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with the entity in question. (e) Venue of any suit under or arising out of this ordinance shall be exclusively in Tarrant County, Texas or in the United States District Court for the Northern District of Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 18. Marcus will continue to provide the same level of responsive technical assistance to the City cable channel as the City has received from Harron. 7 7,Q- Qa City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-047 PROJECT: Second Reading/Ordinance No. 480-244 Rezoning and Concept Plan/Commerce Square STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property legally described as 7.22 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 3A. LOCATION: South of Southlake Boulevard(F.M. 1709) and immediately east of Crooked Lane. OWNER: Southlake Properties, Inc. APPLICANT: Terry Wilkinson CURRENT ZONING: "S-P-2" Generalized Site Plan District with"0-1" Office District, "B-1" Business Service Park District, and limited "I-1" Light Industrial uses REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District and limited "I-1" Light Industrial District uses LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Retail Commercial NO. NOTICES SENT: Ten(10) RESPONSES: Three (3) responses were received within the 200' notification area: • Carl and Madge Smith, 13212 Glad Acres Dr., Dallas, TX 75234, in favor. "Continue growth of area." • Ken Smith, PO Box 3, Grapevine, TX, in favor. • Catherine Jurgensen, 4138 Willow Grove Rd, Dallas, TX, in favor. L City of Southlake,Texas P&Z ACTION: May 8, 1997; Approved (7-0) to continue Public Hearing to the May 15, 1997 Planning & Zoning Commission meeting. May 15, 1997; Approved (7-0) subject to the Concept Plan Review No. 1 dated May 2, 1997 amended as follows: 1) delete item#2a(driveway spacing from Crooked Lane) 2) delete item#2b (driveway spacing from Commerce Street) 3) delete item#2c (spacing between driveways) 4) delete item#2d (minimum required throat depth) 5) amend item# 3a to eliminate the 10' Fl Bufferyard required along the interior west line of Lot 2, but relocate the required plantings adjacent to F.M. 1709. 6) Eliminate the following C-2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 7) Eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: 5. Gasoline Filling stations that operate in conjunction with a small convenience store. COUNCIL ACTION: May 20, 1997;Approved(6-0-1)subject to Concept Plan Review Summary No. 2 dated May 16, 1997, with the following amendments: 1) delete item # la(driveway spacing from Crooked Lane) 2) delete item# lb (driveway spacing from Commerce Street) 3) delete item# lc (spacing between driveways) 4) delete item# 1 d(minimum required throat depth) 5) amend item#2a(10'Fl Bufferyard is required along the west lot line of Lot 2 adjacent to Lot 1)per P&Z recommendation (eliminate but relocate the required plantings adjacent to F.M. 1709.) 6) include P&Z recommendation#6(eliminate the following C- 2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping); 7) include P&Z recommendation# 7 (eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: City of Southlake,Texas 5. Gasoline Filling stations that operate in conjunction with a small convenience store). STAFF COMMENTS: The Applicant has met all items in Concept Plan Review Summary No. 1 dated May 2, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2, dated May 16, 1997. L:\WP-FILES\MEMO\97CASES\97-047ZC.WPD L 1 R 2E; --- �D --- -- --- --- - - ---- 5L • 1 �^ SA, 1 5G1 / 5(: D ti ` �.__ 1 1 1 1 1 1 1 1 1 1 _\ Cr 1J 2G _ i 1 ^\,. r 1 1 1 1 I 1 1 1 1 l ZAP,: 8.75 Ac 5D2A / SC1C SC1H K�a.ntnrnNiro ` ..\:. .f- 'f'�'r.r lllillt r 'i ,--�' il.Cl�131 &75 At !.'lJN i `,I SCIC2 ©� LL. "y2 14! 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I rani=aa.m I - { '1 I • °� I • City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 97-047 Review No: Two Date of Review: 5/16/97 Project Name: Concept Plan-S-P-2 Zoning Request for Commerce Square being 7.22 Acres located in the Thomas Easter Survey,Abstract No. 474 APPLICANT: ENGINEER: Terry Wilkinson. Southlake Properties.Inc. Callahan&Associates 930 Parkview Lane P.O. Box 15577 Southlake, Texas 76092 Ft. Worth,Texas 76119 Phone: (817) 329-4599 Phone:(817)478-1765 Fax: (817)488-2420 Fax: (817) 561-2544 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/12/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT..787. * This review is based on the "C-2" ZoningDistrict Regulations gulations for proposed Lot 1 and the "I-1" Zoning District Regulations for proposed Lot 2 according to the Comprehensive Zoning Ordinance No. 480,as amended. . Provide driveways in accordance with the Driveway Ordinance No. 634. The proposed driveways intersecting F.M. 1709 do not meet the minimum requirements as follows: a. The west driveway centerline is less than 500'from the east R.O.W. line of Crooked Lane.An approximate 200' spacing is shown. (P&ZAction 4/15/97: delete) b. The existing east driveway centerline is less than 500'from the west R.O.W.line of Commerce Street. An approximate 400' spacing is shown. Please note that this driveway is existing. However, the Driveway Ordinance requires that existing driveways must be brought into compliance when the trip rate is increased by a development. (P&ZAction 4/15/97: delete) c. The spacing between the two driveways is less than required 500' for full access driveways. A spacing of 250'is permitted if one driveway is limited to right in/right out only.The spacing shown is approximately 225'. (P&ZAction 4/15/97: delete) d. Based on the estimated parking requirements,the minimum driveway throat depth for traffic stacking is 75'.The provided stacking depth is approximately 50'. Please be aware that throat depth is measured from the R.O.W. line to the point of tangency with the curb return for the interior drive lane. (P& ZAction 4/15/97: delete) e. Label the"Access Easement"along the east driveway as"Common Access Easement". `7P- 7 City of Southlake,Texas 2. The following changes are needed with regard to bufferyards: • a. A 10'F 1 Bufferyard is required along the west lot line of Lot 2 adjacent to Lot 1.(P&ZAction 4/15/97: eliminate but relocate the required plantings adjacent to F.M. 1709.) b. Show the 10' F 1 Bufferyard along the north lot line of Lot 2 adjacent to Lot 1 with a dashed line. 3. Label the owner's name for adjacent Commerce Business Park lots. 4. Show and label the type and height of all proposed screening. P&Z ACTION: May 8, 1997; Approved (7-0) to continue Public Hearing to the May 15, 1997 Planning&Zoning Commission meeting. May 15, 1997;Approved (7-0) subject to the Concept Plan Review No. 1 dated May 2, 1997 amended as follows: 1) delete item #2a (driveway spacing from Crooked Lane) 2) delete item #2b (driveway spacing from Commerce Street) 3) delete item #2c (spacing between driveways) 4) delete item #2d (minimum required throat depth) 5) amend item #3a to eliminate the 10' Fl Bufferyard required along the interior west line of Lot 2, but relocate the required plantings adjacent to F.M. 1709. 6) Eliminate the following C-2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 7) Eliminate the following GI uses as permitted under Ordinance 480-U, Section 20.2a: 5. Gasoline Filling stations that operate in conjunction with a small convenience store. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 5/27/97. If not received by that time,no review will be prepared until the; following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * A letter of permission from the adjacent property owner(s) on the east must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. City of Southlake,Texas * 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. * It appears that Lot 1 and Lot 2 lie within the 65 'LDN D/FW Regional Airport Overlay Zone and a portion of Lot 2 lies within the 75 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. 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. • Vertical and horizontal building articulation(required on the north,east, south,and west building facades)per§43.9C 1 e,Ordinance 480,as amended. • Masonry requirements per§43.9C la,Ordinance 480,as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13,Ordinance 480,as amended;and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14,Ordinance 480,as amended. • Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480,as amended. • Spill-over lighting and noise per§43.12, Ordinance 480, as amended. • Off-street parking requirements per§35,Ordinance 480,as amended and off-street loading requirements per §36, 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. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Terry Wilkinson, Southlake Properties,Inc. Callahan&Associates L:\WP-FILES\REV\97\97047CP2.WPD 7o- 9 r s i g. Ira451 `� &Auk0�a i i O) ol C 1 *\ : ni .... ,..3., i1lie. \ ;"1 ,pew. CZ t _�� rA ct i � vI�_ r_.' ., :.:. f iigi. 1 .1 1 \ \43 i 3 :.. , 77--Z---- �'R. '4't.s+L,,+ a It s 5 ye¢ : , !,',.::! f (' I1 / �t;ry ` ?`„ . 4li\a S+ ,' f . 8 1] • I • I i:..,-. f.. - -- ` *,� :i .�r.,1 t(MfNNJ pQM1 11 e , •-:-,.....:1:::,..e• " 3 — to "t- i a� I i1111W �YOM OM �Jr - Y ® I __ M s,„•� NIIW�MM\•I II_ __ h .. ! J .•y . dwhr :� a y•7z-. . 1' •�S 2 s ;e e 97 . i -:-. • . : I II t • 1� _.. _ Tan ::::::.:.Li..:3 t: :. Z -e,.1.4:: ,. . ... .... , . ..,.//i)///7... , . . /. . ./.1 \ , II :.... :., I it § a= II !k4ti:.....::.... hs .I 1 : ': m ja _ anna tIII eA^ I •er .. i .. .. _ .. .......'I I St I I 4 , C l� -A�-e 1 . dig; it L j� • 3 MIAOW 4iih 7/Alir.•II / +..yw Q. 4 d!_1a ii'•. L..2 .TS•:. -+a.• _ c ALAI Ni"''''' i[i is ?ill i 1. . • i . ------ T. �• • Z T /i • • ' M (y7,6 1D y 1 A City of Southlake,Texas rA RESOLUTION NO. 97-41 RESOLUTION EXTENDING A MORATORIUM FOR AN ADDITIONAL THIRTY (30) DAYS ON THE APPROVAL OF ASSISTED CARE LIVING CENTERS; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECT UPON EXPIRATION OF THE CURRENT MORATORIUM. WHEREAS,the City Council of the City of Southlake has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance of the City, which regulates the location and use of buildings, other structures and land for business, industrial, residential and other purposes; and WHEREAS, the Comprehensive Zoning Ordinance does not contain specific regulations applicable to the location or development of assisted care living centers (also know as personal care living centers); and WHEREAS, the City has received inquiries regarding the location and development of assisted care living centers within the city which might adversely affect surrounding properties or the proper and orderly growth of the city; and WHEREAS,the City Council on 12-03-96 adopted a 120 day moratorium on the issuance of permits for assisted care living centers in order to maintain the status quo within the city until such time as the City Council has had a reasonable time to review the provisions of the Comprehensive Zoning Ordinance related to assisted care living centers within the city and to take appropriate action as may be required to protect the public health, safety and welfare with regard to the prohibition of such centers; and WHEREAS,on 4-01-97 an additional sixty(60)day moratorium was placed on the issuance of permits for assisted care living centers is a minimally intrusive method of maintaining the status quo until such review could be completed; and itop, 5 '7 -i r Resolution No. 97-41 Page 2 WHEREAS, in accordance with the directive in said moratorium, a proposed ordinance regarding the location and development of assisted care living centers has been prepared and acted upon by the Planning and Zoning Commission with a recommendation forward to City Council for consideration; and WHEREAS, the City Council has determined that the moratorium should be extended in order to allow for City Council review to be completed; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. For a period of thirty (30) days, effective upon expiration of the original one hundred and (of twenty (120) day moratorium and the sixty (60) day extension thereof, no application for a permit shall be accepted and no permit shall be issued for anyassisted care livingcenter in the City of Southlake unless an application for the permit was received by the city prior to the passage of the original moratorium or unless the assisted care living center receives planned unit development zoning approval from the City Council. The purpose of this moratorium is to maintain the status quo within the city until such time as proper regulations have been adopted with regard to assisted care living centers. SECTION 2. The term "permit" as used in this resolution shall mean a license, certificate, approval, registration, consent, permit. or other form of authorization required by law, rule, regulation, or ordinance that must be obtained by a person in order to perform an action or initiate a project for which the permit is sought. SECTION 3. This moratorium shall remain in effect for thirty (30) days or until such time as the City Resolution No. 97-41 Page 3 (hir• Council has had a reasonable opportunity to consider an act upon appropriate amendments to the zoning regulations applicable to assisted care living centers. Upon final adoption of any ordinance amending the regulations applicable to assisted care living centers or upon a final determination being made by the City Council that amendments are not necessary, this moratorium shall expire. This moratorium shall automatically expire on June 30, 1997 unless it is specifically extended by additional City Council action. SECTION 5. PASSED, APPROVED AND EFFECTIVE ON THIS DAY OF , 1997. • Mayor Rick Stacy ATTEST: Sandra.L. LeGrand City Secretary D:tlI P•P/C£SORQRESAGR'9Ll.RES/kb C „5-l - 3 ` City of Southlake,Texas MEMORANDUM (Imme May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Community Services Manager SUBJECT: Ordinance No. 675, 2"d reading, amending Ordinance No. 583 which grants a cable television franchise currently owned by Marcus Cable Associates, L.P.; granting consent to the assignment and transfer of a cable television system and franchise from Harron Cablevision to Marcus Cable, L.P.; repealing Ordinance No. 321 which granted a cable television franchise currently owned by Harron Cablevision of Texas. This item was approved by City Council on first reading at the April 15, 1997 meeting. At the time, we told Council that since we already had a franchise agreement in effect with Marcus Cable, there was some question as to how that affected the transfer, and whether we would operate under two franchise agreements, or amend the current agreement with Marcus. At the May 20th City Council meeting, staff briefed the Council on the negotiations to date with Marcus Cable and requested the ordinance be tabled once more to allow us to finalize the agreement. Attached is the revised Ordinance No. 675 which will essentially guarantee that we continue the same benefits we currently have under the Harron agreement. A redline/strikeout copy of Ordinance No. 675, along with a clean copy, is attached. Exhibit A to Ordinance No. 675 amends the current agreement with Marcus to incorporate those benefits we have under the existing Harron franchise agreement. The key points of the amendment are: 1. Marcus will reserve at least one channel as a joint government/educational access channel for use by the City and public schools in Southlake. '2. Marcus will provide an emergency interrupt transmission path and emergency use of the cable system. 3. The City agrees to accept a 3% franchise fee from Marcus until August 31, 2000 (the expiration date of the current Harron agreement which stipulates 3%). Afterwards, Marcus will pay a 5% franchise fee until expiration of the Marcus franchise agreement. _ 4. Marcus agrees that it shall extend service to all areas of the City. 5. Incorporates standard language agreed upon 2 years ago by Marcus and a consortium of cities served by Sammons, which provides for ensuring adequate signal quality, customer service, and service and equipment to public facilities. A comparison of the current franchise agreements the City has with Harron Cablevision and Marcus Cable is also attached. Staff has also surveyed other cities served by Marcus Cable in regards to their franchise agreements and the results of this survey are also attached. As can be seen from the comparison of Southlake's franchise agreements with Harron and Marcus, the major items have been incorporated in the amendment. 7iQ—i • Ordinance No. 675, 2nd Reading May 30, 1997 Page two We have been working with the attorneys, ours and Marcus', via fax and as of late today, Marcus is still reviewing the amendment. There are still some minor issues to be resolved, but we will have these ready for City Council by the work session Tuesday night. Please note that we are not renegotiating the existing franchise agreement with Marcus, but simply seeking to amend the existing agreement. I am available for any further questions you may have. KH Attachments (re • C (10., SOUTHLAKE'S FRANCHISE AGREEMENTS Harron Cable Marcus Cable Termination September 1,2000 June 15,2008 Date 15 years 15 years Transfer of N/A N/A Franchise Revenues 3%GSR 5%GSR Complaint Maintain a written log of complaints Office accessible by phone 365 days/ Procedures 24 hours a day;complaints serviced within 24 hours;maintain a service log Extension of >250 feet of aerial extensions plus within 500 feet of existing trunk Service >100 feet of underground extensions; cable;number of homes to be passed average number of houses will not be exceeds/equals 50/mile reduced<40/mile Channels 1 channel reserved for public school N/A use provided free of charge Service 48 hour notice;Emergency use of N/A Interruptions CATV available upon request; transmission path for emergency provided Operational Quality of Picture;Cross Modulation/ N/A Standards Interference Other Basic service without charge to City N/A Hall,Main Fire station and each public school,capable of receiving and transmitting audio and video signals. L 1 �� 3 Page 1 MARCUS CABLE ASSOCIATES, LTD. Ft. Worth North Richland Hills Crowley Companies Sammons/Marcus Sammons/Marcus Sammons/Marcus Termination N/A January 28,2007 15 years Date Transfer of N/A No transfer without written No transfer without written Franchise approval from the City approval from the City Revenues N/A 5%GSR 5%GSR Complaint Same quality as Sammons plus Toll free telephone number Office near the City,accessible Procedures historical expenditure info. and accessible 365 days a year,24 toll free number 365 days a staff levels on customer service hours a day;maintain a service year,24 hours a day;maintain log a service log Extension of Line extensions based on a 30 >250 feet of existing cable, >250 feet of existing cable, Service home per mile number of homes which number of homes which exceeds/equals 40/mile exceeds/equals 50/mile Channels 5 access channels 1 educational access channel for Lifeline to public schools, fire, BISD,Haltom HS and TCJC, police stations and City Hall. 1 and 1 governmental access educational access channel and channel 1 governmental access channel L Service N/A yes yes Interruptions Operational None None None Standards Signal Provide written report of such All testing done in person and All testing done in person and Quality testing providing a written report providing a written report Other Provide same installation and Provide same installation and Activities prohibited;Provide service without charge to public service without charge to public same installation and service facilities,the highest level of facilities;will not pass through without charge to public installation/service without "external costs"except which facilities,the highest level of charge as it provides to other exceed$500/year;Provide and installation/service without communities in the Ft. Worth be responsible for maintaining charge as it provides to other area,and will not pass through the connection of an Institutional communities in the Ft. Worth "external costs"except which Connection Network Service to area,and will not pass through exceed$5,000/year. all municipally-owned buildings "external costs"except which within the City at its expense. exceed$500/year;doesn't allow cable or other operations to be interfered with television receptions of persons not serviced. (trsiui. 1 71Q- 4' Page 2 MARCUS CABLE ASSOCIATES, LTD. Benbrook White Settlement Everman Companies Sammons/Marcus Storer/Marcus Austin&Associates Termination August 11,2006 15 years N/A Date Transfer of No transfer without written No transfer without written No transfer without written Franchise approval from the City approval from the City approval from the City Revenues 5%GSR 5%GSR 4%GSR Complaint Telephone number accessible Local business office with Office near or in the City with a Procedures 24 hours a day,7 days a week normal hours,maintain a listed telephone number;Service with historical expenditure service log,and provide calls made promptly. information and staffing levels actions within 2 days of provided;All complaints will receipt. go through Marcus' local office manager. Extension of >500 feet of existing trunk Not stated Average density is 7 subscribers/ Service cable,number of homes 1/4 mile exceeds/equals 10/ 1/4 mile. Cr, Channels 1 non-commercial Provide studio access,video 1 educational access channel, 1 governmental access channel to taping,equipment and governmental access channel and 1 be programmed by the City; remote capabilities. public access channel with studio, also provided are portable Assistance will be free of lights and sound equipment camcorders,video camera and charge up to 40 hours a VCR month,afterwards fee will be negotiated on a per hour basis. Service yes Not stated yes Interruptions Operational None Activities prohibited Interconnection,Theft of Services Standards and Tampering Signal All testing done in person and All testing done in person None . Quality providing a written report. and providing a written report. Other Provide same installation and Provide same installation and Public buildings connected at no service without charge to public service without charge to charge,which include any other facilities,the highest level of public facilities,the highest public facilities that may exist in installation/service without level of installation/service the future;Political Advertising charge as it provides to other without charge as it provides and Religious programming communities in the Ft. Worth to other cities in the FW area, leasing opportunities at L area,and will not pass through and will not pass through commercial rates. "external costs"except which "external costs"except which exceed$500/year. exceed$500/yr. 2 'JY!:©;_'39- .:. 22 31 23=c1E3_ M_ .: '413E e8 (ise ORDINANCE NO. 675 AN ORDINANCE ` ,r x ;,• }."` ' . `4111404fatibk-.tln--,4 GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM BARRON CABLEVISION OF TEXAS,INC., TO MARCUS CABLE ASSOCIATES, L.P.; ` "' 'PPROVING v tve ni ;,y1: L'A e;� "' �"• " k � PROVIDING w.2 ,�?.� �'t, to ... „:E ,LL BE CUMULATIVE OF ALL `THAT THIS URAINANC ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, 4 the-cable television franchise adopted and approved by the city council as Ordinance No. 321 ' (the WO franchise) is currently owned and operated by Harron Cablevision of Texas, Inc., a Delaware Corporation, (hereinafter referred to as Harron Cablevision); and WHEREAS, On March 4, 1997 Harron Cablevision and Marcus Cable Associates, L.P., a Delaware limited partnership, (hereinafter referred to as Marcus Cable) entered into an Asset Purchase Agreement pursuant to which Harron Cablevision agreed to assign and transfer the :! F,', franchise and its cable television system in the City of Southiake, Texas to Marcus Cable; WHEREAS, Harron Cablevision and Marcus Cable submitted an Application for Franchise Authority Consent on FCC form 394 providing certain information with respect to the parties and the proposed transfer; and P'ffiM`daksadsnatowcabieilei p 7'?-6 a=. :$3 13'37 .:. __ 91723:__�J_ MU•Ctl SE e9 (re' WHEREAS, Marcus Cable from and after the date of the closing of the transactions described in the Asset Purchase Agreement, assumed and agreed to perform each and every obligation of the franchise; and vvas a p dapp" 'aee&W thiK00:4rlisumitzmintattittitiiiiii4&j50 iiiit wiadi dootorli NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOU1HHLAKE, TEXAS: SECTION 1 $ e+•a iir :i t ,. t e r isr - F .i t ' 2 ` ,..Y ry ; . .p ; 2 a., i a 1 � r c t .s Z t$ 3 9 i g+ 4+g t -ii" x- 'ra �'< t "< sa. . } +sew»- 2 t J ty YQ'+Ste t.� �t A> 2` »ro � t se 1.. y. aatlUMi<.YfVtle js ism :*i U E, Nr "—,.. �� � '� -, :.,- .. . ;' q -;;l v f 32- � r , , SECTION 2 That the ow franchise is in full force and effect without default thereunder by Marron Cablevision to the date hereof in accordance with its terms and conditions as set forth therein and that no breach has occurred or is continuing under the <franchise. SECTION 3 The City of Southlake, Texas, waives any rights of first refusal that it may have to assume the fa#64 franchise upon any transfer contemplated hereunder. SECTION 4 Marcus Cable may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and h`BhauW<e'arelinencrcahied t$ Pow 2 7,9-7 mi:0. 1397 12: 22 '31723E_E92 MUt.CY nr.13E 10 (0' benefits in and to the cable television system and the franchise, to any lender providing financing to Marcus Cable. Any assignment or transfer by a lender or as a result of foreclosure will require the City's consent as provided in the Franchise _d the city charter. SECTION 5 The consent to transfer herein provided shall be effective upon—and only cffeeeive ' D ,a (tr.' the closing of the transactions described in the Asset Purchase Agreement; and „'the subsequent transfer of the assets related to the Nan franchise to Marcus Cabl and gitikk.. Marcus Cable shall notify the City of Southlake, Texas promptly upon the closing of such transactions. SECTION 6 This ordinance shall be cumulative of all provisions of ordinances of the City of C. 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 7 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption 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, as required by Section 3.13 of the Charter of the City of Southlake. Lie f:'iElaWakcnrdnrnce'cablal.tr Pap 3 7,9-8 95;D3/19 Ei7 12: 22 8172389E'32 MU Cr P4f-' 11 SECTION 9 This ordinance shall be in full force and effect from and after its CVO passage, publication as required by law, Arid;W*.tzkett**01004.0,C14E:$010** and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 199 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 199_. C. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney thillsesabkOmilwaceseablester Pip.4 7#4?-- 30, 1997 12:22 8172389t9 MUt.C'r 41-z'E 12 Cie ACCEPTANCE BY MARCUS CABLE In consideration for the consent by the city of the transfer of the cable television system and franchise from Harron Cablevision of Texas, to Marcus Cable Associates, L.P., Marcus Cable accepts the terms and conditions of this ordinance, including EXHIBIT A. Marcus Cable Associates, L.P. Dated: By: Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L.P., hereby unconditionally guarantee performance of the obligations of Ordinance No. 583, as amended by this ordinance, by Marcus Cable Associates, L.P. Marcus Cable Operating Company, L.P. Dated: BY (re Marcus Cable Company, L.P. Dated: By: Marcus Cable Properties, L.P. Dated: By: Cy' r: ksuLke�dlmecevableaLih Par 1 7,Q —/O 85/38/1997 12:22 8172389692 MUNCY PAGE 13 ORDINANCE NO. 675 AN ORDINANCE AMENDING ORDINANCE NO. 583 WHICH GRANTS A CABLE TELEVISION FRANCH?SE CURRENTLY OWNED BY MARCUS CABLE ASSOCIATES, L.P.; GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM HARRON CABLEVISION OF TEXAS,INC., TO MARCUS CABLE ASSOCIATES, L.P.; REPEALING ORDINANCE NO. 321 WHICH GRANTED A CABLE TELEVISION FRANCHISE CURRENTLY OWNED BY HARRON CABLEVISION OF TEXAS, INC.; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILiTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFF'ECTIVE 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, a cable television franchise adopted and approved by the city council as dr Ordinance No. 321 (the Harron franchise) is currently owned and operated by Harron Cablevision of Texas, Delaware Corporation, referred to as Harron Inc.,, (hereinafter Cablevision); and WHEREAS, On March 4, 1997 Harron Cablevision and Marcus Cable Associates, L.P., a Delaware limited partnership, (hereinafter referred to as Marcus Cable) entered into an Asset Purchase Agreement pursuant to which Harron Cablevision agreed to assign and transfer the Harron franchise and its cable television system in the City of Southlake, Texas to Marcus Cable; WHEREAS, Harron Cablevision and Marcus Cable submitted an Application for Franchise Authority Consent on FCC form 394 providing certain information with respect to the parties and the proposed transfer; and tier Pge l e5/30/1997 12:22 8172389692 M NCY PAGE 14 WHEREAS, Marcus Cable from and after the date of the closing of the transactions described in the Asset Purchase Agreement, assumed and agreed to perform each and every obligation of the Harron franchise; and WHEREAS, Marcus Cable currently owns a cable television franchise in the city, which was adopted and approved by the city council in Ordinance No. 583 and which contains significant differences from the Herron franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 (a) Ordinance No. 583, which grants a cable television franchise currently owned by Marcus Cable Associates, L.P., is amended by adding the provisions of EXHIBIT A, attached to this ordinance and made a part of this ordinance for all purposes. If there is any conflict between Ordinance No. 583 and EXHIBIT A, the provisions of EXHIBIT A control. (b) The city council hereby approves the transfer and assignment of the cable Ctelevision system and Herron franchise from Herron Cablevision to Marcus Cable. (c) Ordinance No. 321, which granted a cable television franchise currently owned by Harron Cablevision. is repealed. SECTION 2 • • That the Herron franchise is in full force and effect without default thereunder by Herron Cablevision to the date hereof in accordance with its terms and conditions as set forth therein and that no breach has occurred or is continuing under the Herron franchise. SECTION 3 The City of Southlake, Texas, waives any rights of first refusal that it may.have to assume the Harron franchise upon any transfer contemplated hereunder. SECTION 4 Marcus Cable may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets. including its rights, obligations and (11INPI }1Sesl ialadee oiKosb skit Pop 2 7,9—,'z. 05/30/1997 12:22 8172389692 MUIC'Y PAGE 15 benefits in and to the cable television system and the franchise, to any lender providing financing to Marcus Cable. Any assignment or transfer by a lender or as a result of foreclosure will require the City's consent as provided in the city charter. SECTION S The consent to transfer herein provided shall be effective upon the OCCWTCncc of all of the following events: (1) the closing of the transactions described in the Asset Purchase Agreement; and (2) the subsequent transfer of the assets related to the Harron franchise to Marcus Cable; and (3) the written acceptance of this ordinance including EXHIBIT A by Marcus Cable. Marcus Cable shall notify the City of Southlake, Texas promptly upon the closing of such transactions. (Iry SECTION 6 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8 L., The City Secretary of the City of Southlake is hereby directed to publish the proposed •74-i3 85/30/1997 12:22 8172389692 14.NCY PAGE 17 L., at least ten (10) days before the second reading of this ordinance, as required by Section 3.13 of the Charter of the City of Southiake. SECTION 9 This ordinance shall be in full force and effect from and after its final passage, publication as required by law, and its acceptance as provided by Section 5, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 199_. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON nus DAY OF 199_. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney fesamealibelordlmiatabiate P*4 24—/V 65/30/1997 12:22 8172389692 M.NCY PAGE 16 ACCEPTANCE BY MARCUS CABLE In consideration for the consent by the city of the transfer of the cable television system and franchise from Harron Cablcvision of Texas, to Marcus Cable Associates, L.P., Marcus Cable accepts the terms and conditions of this ordinance, including EXHIBIT A. Marcus Cable Associates, L.P. Dated: By: Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L.P., hereby unconditionally guarantee performance of the obligations of Ordinance No. 583, as amended by this ordinance, by Marcus Cable Associates, L.P. Marcus Cable Operating Company, L.P. Dated: By: (re Marcus Cable Company, L.P. Dated: By: - Marcus Cable Properties, L.P. Dated: By: (OW to Pies 7,9—/i— EXHIBIT A TO ORDINANCE NO. 675 Ordinance No. 583 is amended by adding the following provisions: Marcus Cable Associates, L.P. ("Marcus") makes the following agreement in consideration for the consent by the City of Southlake. Texas ("City") to the transfer of the cable television franchise and system operated by Harron Cablevision of Texas, Inc. Marcus Cable Operating Company, L.P., Marcus Cable Company. L.P. and Marcus Cable Properties, L.P.join this Agreement for the purpose of guaranteeing Marcus' performance of the franchise _granted by Ordinance No. 583 as amended by this ordinance (the "Franchise"). 1. The promises, covenants, and conditions contained herein inure to the benefit of the City and are binding on Marcus. 2. Marcus acknowledges that the transaction described in the Asset Purchase Agreement dated as of March 4, 1997, between Marcus Cable Associates, L.P. as buyer and Harron Cablevision of Texas, Inc., and other entities as seller (collectively "Harron"), and the transfer of the franchise granted by Ordinance No. 321 pursuant thereto are expressly subordinate to and will not affect the binding nature of this ordinance, and that the consent of the City to the transaction does not constitute a waiver or release of any rights of the City. Marcus assumes and agrees to perform all of the obligations of the Franchise including any obligations to make refunds for periods prior to the transfer. 3. Marcus acknowledges that the City has consented to the transaction in reliance upon the representations, documents and information provided by Marcus and Harron, all of which are incorporated herein by reference. 4. Government/ Education Access Channel At least one channel shall be reserved for use as a joint governmental/educational access channel for use by the City and public schools located within Southlake. Such channel (s) shall be provided free of charge. 5. Emergency Access Path Marcus shall provide an Emergency Access transmission path to its cable system, for use by the City in times of crisis. This emergency interruption shall be capable of introducing a bulletin on all channels simultaneously. The emergency access system shall comply with FCC regulations and shall be installed as soon as practicable upon release of FCC rules regarding this feature. 6. Payments to the City Marcus shall, during each year of operation under this agreement until August 31, 2000, pay to the City an annual sum of three percent (3%) of the Gross Subscriber Revenues f�/lo received by Marcus from operations within the City for the prior year. Beginning August 31, 2001, until termination of this agreement, Marcus shall pay to the City an annual sum of five percent (5%) of the Gross Subscriber Revenues received by Marcus from operations within the City for the prior year. 7. Extension of Service Marcus shall extend its services to all areas within the present City limits, or annexed to the City subsequent to the effective date of this amendment. Marcus shall extend service to new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditions: (a) Where the new subscriber, or nearest subscriber of a group of new subscribers is located within 500 feet of existing trunk cable; or (b) Where the number of homes to be passed by such new extension cable plant exceeds or equals 40 homes per mile of such new extension cable plant; (c) In the event the requirements of subsections (a) and (b) are not met, Marcus may charge an additional fee to cover its costs of installation. 8. Customer Service (a) Marcus will comply with the customer service rules of the FCC as presently in effect, 47 CFR§ 76.309. Marcus's compliance shall be measured and enforced as follows: (i) For the purpose of such rules "normal business hours" therein are deemed to be 8:00 AM to 5:00 PM Monday through Friday, and Saturday 9:00 AM to 1:00 PM. (ii) Transfer to or answering by a voice mail system (or other automated response system) does not constitute answering "by a customer representative" under§ 76.309 (c)(ii) or analogous provisions of such rules. (iii) Within 20 business days of the close of each calendar quarter (or monthly, if the City requests same), Marcus will provide the City with a report in such form as the City and Marcus may reasonably agree, setting forth on a consistent basis, fairly applied, Marcus' performance as compared to the standards for telephone answer time, busy signals, standard installations, service interruptions, appointment windows, refunds and credits. (iv) Such reports shall show and use the telephone calls originating 2 7/4Q—17 from within the City if that information is readily available from the system, and as to installations, service interruptions, appointment windows, refunds, credits and the like shall show and use data only for subscribers in the City. (v) Such reports shall show Marcus' performance including and excluding any periods of abnormal operating conditions, and if Marcus contends that any such abnormal conditions occurred during reporting period in question, they shall also describe the nature and extent of such conditions. (vi) Marcus acknowledges that non-compliance with customer service standards will harm subscribers and the City and that the extent of harm will be difficult or impossible to measure. The City may therefore assess liquidated damages against Marcus for non-compliance with the preceding customer service standards as follows: The FCC Rules currently state as to § 76.309(c)(1)(ii) and (iv); and § 76.309 (c)(2)(1), (ii), (iii) and (iv) (collectively "quarterly customer service standards") that the standards set forth therein "shall be met no less than ninety (90) percent of the time under normal operating conditions measured on a quarterly basis." a. Liquidated damages may be assessed if Marcus does not meet the ninety (90) percent standard for a given subsection (for example, § 76.309 (c)(2)(ii)) of the quarterly customer service standards in a given calendar quarter as follows: First Second Third and subsequent Non-compliance Non-compliance Non-compliance $0 $500 $1,000 b. The City may collect liquidated damages from any bond or letter of credit furnished under the Franchise. (b.) In the event of a change in 47 CFR § 76.309 that makes any of the Federal customer service standards therein less stringent than those in effect in July, 1995, the City may adopt customer service regulations as to the subject matter of the portion of the rule that is changed. City agrees to meet with Marcus on any proposed changes prior to taking action on them, and to provide Marcus with at least 60 days of such action. Marcus agrees to comply with any such provisions that are no more stringent than those contained in 47 CFR § 76.309 as in effect in July, 1995, and to such extent agrees that it is not entitled to recover the costs of such compliance through external cost treatment or otherwise. (c) Marcus acknowledges that under applicable § 76.309 law the City may unilaterally establish and enforce reasonable customer service regulations that (re 7,47—'? exceed or are not addressed by the standards established by the FCC or the standards currently established by the Franchise. (d) Marcus will provide at minimum the same quality of customer service that Harron is currently providing, but in all events no less than the quality of service required by the Franchise, any other applicable City ordinance and applicable FCC regulation. As evidence of, and to assist in compliance with such commitment, Harron and Marcus agree as follows: 1. On an annual basis, Marcus will provide the City with staffing levels of historical expenditure and staffing levels on customer service related matters; the customer service standards currently used; its materials, if any, on same as used by its customer service representatives; and its procedures and forms used to measure compliance with applicable customer service standards. 2. Marcus will provide such other information as the City reasonably requests relating to customer service matters. 9. Signal Quality The following shall apply to Marcus' implementation of and compliance with the rules and regulations relating to cable television technical standards for technical standards for signal quality adopted by the FCC in MM Dockets 91-169 and 85-38 on February 13, 1992 and subsequent amendments thereto: (iirre (a) All testing for compliance with the FCC technical standards shall be done by a person with the necessary expertise and substantial experience in cable television matters. (b) Upon request, Marcus shall provide the City with the written report of such testing. • (c) Marcus shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to the manager of Marcus' local office. All matters not resolved by the manager shall at Marcus' or the subscriber's option be referred to City for attempted resolution. All matters not resolved at that step shall be referred to FCC for it to resolve. (d) Marcus shall annually notify its subscribers of the preceding. (e) Upon request by the City, Marcus at its expense will test the system in areas or at subscriber locations specified by the City where there are apparent problems and provide the City with the written report of such testing. If the test shows a non- compliance with such standards, Marcus will bring the system into non- compliance with such standards within 180 days. C 4 7,421/9 10. Prior Defaults Marcus agrees on behalf of itself and its affiliates that it will not contend C directly or indirectly that any defaults or failures to comply with the franchise or other matters set forth in 47 USC § 546 (c)(1)(A) (Communications Act of 1934, Section 626 (c)(1)(A)) (collectively "defaults") by Harron occurring prior to the transfer to Marcus are waived, including but not limited to the following: (a) The ability of the City to obtain redress for prior defaults, such as recovery of any underpayment of franchise fees. (b) The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. Marcus reserves the right to contend that the transfer and the City's approval thereof preclude the City from considering defaults that occurred prior to the transfer in connection with any renewal or non-renewal of the Franchise. The City reserves the right to oppose such contention. The City confirms that it has informed Marcus of all defaults or other instances of non- compliance with the Franchise of which the City Administrator primarily responsible for cable television matters is aware as of the date hereof (without, however, having conducted any financial or other audit of performance or compliance). 11. Validity of Franchise Marcus accepts and agrees to be bound by the terms and conditions of the City Charter, the Franchise and all other ordinances applicable to its operations after the transfer. Marcus does not contend that any provision of the Franchise is unlawful or unenforceable, nor is it aware of any other ordinance or any provision in the City Charter which it contends is unlawful or unenforceable. The City acknowledges that the Franchise is in full force and effect. 12. Service and Equipment for Public Facilities (a) Marcus will continue to provide the same installation and service, without charge, to public facilities as Harron is providing at the present time, but in all events no less is required by the Franchise or any other applicable city ordinance. (b) In addition, at the City's request Marcus will provide to the public facilities identified in the Franchise or other applicable city ordinance the highest level of installation and service without charge as it provides to any other community in the Ft. Worth area. (c) If any service or equipment for public facilities provided pursuant to subsections (a) and (b) above exceeds the requirements of the Franchise or other applicable city ordinance, Marcus will not pass through the costs as so-called "external costs" or as new franchise requirements except that Marcus may pass through the (..„ cost of such services under subsection (b) above that exceeds the requirements of 5 7, — w the franchise or other applicable city ordinance to the extent that cost exceeds $500 per year. 13. EEO Matters Marcus agrees to faithfully adhere to all applicable federal, state and city laws, rules and regulations relating to non-discrimination, equal employment and affirmative action. 14. Access to Records The records and reports of the franchise grantee which are submitted to the City or otherwise made available for the City (such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Marcus Cable Operating Company. L.P., Marcus Cable Company, L.P., Marcus Cable Properties, L.P., and their affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise, FCC rules or state or local law, or to insure compliance with the Franchise or this Agreement. 15. Franchise Requirement (a) Marcus will give the City 60 days notice in writing prior to allowing any telecommunications entity other than Marcus to use or lease its facilities (other than towers) in the City or capacity thereon or to amending any agreement with such entity. No such arrangements or uses are presently in existence except as have been disclosed. "Telecommunications entity" means any entity subject to the jurisdiction of or regulated by the Federal Communications Act Commission (such as under the Communications Act of 1934 as amended) or the Texas Public Utility Commission or their successors, including telephone, alternative access and cable companies. Marcus will provide the City with such documents relating to the foregoing as the City may reasonably request, including copies of the agreements. (b) Marcus will give the City 60 days notice in writing prior to providing telecommunications services within the City or making its facilities (other than towers) available to others for that purpose. "Telecommunications services" means conventional telephone service, such as alternative access service which connect user locations and connect users to long distance companies. (c) Nothing herein shall expand or modify any restrictions or limitations under the Franchise or applicable law on use for telecommunication purposes of the facilities being acquired by Marcus. 16. Transactions transparent to Rates Marcus acknowledges that the transfer, the consent process, the City's action granting consent, and the acceptance of this ordinance do not provide any basis for increasing the amounts paid by subscribers through cost pass- through as so-called "external costs" as new franchise requirements and the consent process, action, and this ordinance do not provide any basis for increasing the amounts paid by subscribers in any other manner. C 6 7,Q- J 17. Other Matters Caw, (a) In the event of any conflict between the terms of this ordinance and Ordinance No. 583, or any City Ordinance, that provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. (b) Marcus will join the City in obtaining from the FCC any waivers from time to time necessary to effectuate the provisions of this ordinance. (c) If the transfer of the Harron franchise to Marcus Cable Associates, L.P., is not completed on or before July 3, 1997, then at the City's option prior to the transfer occurring, this ordinance and the City's consent to transfer shall become null and void. Such option may be exercised prior to the transfer occurring by the City giving written notice to Marcus and Harron at the addresses designated in the Asset Purchase Agreement dated as of March 4, 1997. (d) Marcus will cause the City to be reimbursed, by Harron or otherwise, for its reasonable expenses in connection with the consent process including publication costs and fees of consultants and attorneys. (e) The term "affiliate" means any individual, partnership, association joint stock company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with the entity in question. (e) Venue of any suit under or arising out of this ordinance shall be exclusively in Tarrant County, Texas or in the United States District Court for the Northern District of Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 18. Marcus will continue to provide the same level of responsive technical assistance to the City cable channel as the City has received from Harron. C 7 7,Q-aQs City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-047 PROJECT: Second Reading/Ordinance No. 480-244 Rezoning and Concept Plan/Commerce Square STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property legally described as 7.22 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 3A. LOCATION: South of Southlake Boulevard(F.M. 1709)and immediately east of Crooked Lane. OWNER: Southlake Properties, Inc. APPLICANT: Terry Wilkinson CURRENT ZONING: "S-P-2" Generalized Site Plan District with "0-1" Office District, "B-1" Business Service Park District, and limited "I-1" Light Industrial uses REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District and limited "I-1" Light Industrial District uses LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Retail Commercial NO.NOTICES SENT: Ten(10) RESPONSES: Three (3) responses were received within the 200' notification area: • Carl and Madge Smith, 13212 Glad Acres Dr., Dallas, TX 75234, in favor. "Continue growth of area." • Ken Smith, PO Box 3, Grapevine, TX, in favor. • Catherine Jurgensen, 4138 Willow Grove Rd, Dallas, TX, in favor. L City of Southiake, Texas P&Z ACTION: May 8, 1997; Approved (7-0) to continue Public Hearing to the May 15, 1997 Planning &Zoning Commission meeting. May 15, 1997; Approved (7-0) subject to the Concept Plan Review No. 1 dated May 2, 1997 amended as follows: 1) delete item#2a(driveway spacing from Crooked Lane) 2) delete item#2b (driveway spacing from Commerce Street) 3) delete item#2c (spacing between driveways) 4) delete item#2d(minimum required throat depth) 5) amend item#3a to eliminate the 10' Fl Bufferyard required along the interior west line of Lot 2, but relocate the required plantings adjacent to F.M. 1709. 6) Eliminate the following C-2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 7) Eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: 5. Gasoline Filling stations that operate in conjunction with a small convenience store. COUNCIL ACTION: May 20, 1997;Approved(6-0-1)subject to Concept Plan Review Summary No. 2 dated May 16, 1997, with the following amendments: 1) delete item# 1 a(driveway spacing from Crooked Lane) 2) delete item # lb (driveway spacing from Commerce Street) 3) delete item# lc (spacing between driveways) 4) delete item# 1 d(minimum required throat depth) 5) amend item#2a(10'Fl Bufferyard is required along the west lot line of Lot 2 adjacent to Lot 1)per P&Z recommendation (eliminate but relocate the required plantings adjacent to F.M. 1709.) 6) include P&Z recommendation#6(eliminate the following C- 2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping); 7) include P&Z recommendation# 7 (eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: City of Southlake,Texas 5. Gasoline Filling stations that operate in conjunction with a small convenience store). STAFF COMMENTS: The Applicant has met all items in Concept Plan Review Summary No. 1 dated May 2, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2, dated May 16, 1997. L:\WP-FILES\MEMO\97CASES\97-047ZC.WPD Cr' `16-3 I• —I j 7E1- , , 5 I 12, 5A1 ! 5E) xl / ;0;t4 6! �. , 1 i I 1 I 1 I 1 2J 2G 502 - . I ; ^\,. 1 1 11 1 1 1 1 1 1 1 � 'YI'A &75 Ac 501A /i-..• xIG x1H .3clJ 8V M to, \‹s's• r� r' - I 2It Li ..•. 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I I 1 }IRE -IBIK3 1BIm- --- IBIA 1-- //'/�J] IBN( IBIQ a II V , pl� _ _ ___tB«, ;B,oE��Cleecl `.� 21�r°���._ CR I + F IB�U --� BIIX: IPIPf IB6C7 IS 5 4� • ' . .! C TRACT 6A1 5.263 AC • 1.61 AC TR 6A1A 2 '''' • 0 V/n TR381 ACT 6A .054 @ .105 @ TR 2A1C -------------------------- 1.237 @ _ • SOUTHLBKE c SLVO E!) TR3 E 766 @ TR 2A1 0i8 O .598 @ �ql 2.493 @ O 93m001r/r 1A 1R� . TR 2 1.558 AC c s111 .744ACto TR C ( ` .361 AC • 2 CD (1) • TR 11A 7R 11B • 7 AC 3.857 AC id. Cr' . • 3 • • Aid . ma in 4 3 4 .,, ADJACENT OWNERS AND ZONING FOR ZA97-047 01-May-97 4 5 6 11 Owner Name ZQnin.B 5 01 CECIL YATES SF-1A —. 02 STATE OF TEXAS 11 a. O ° 03 JOE&IZAK GREGORY -I1 O • 04 JAMES&DIANE STACY S-P-1 J 3•p 05 JAMES&DIANE STACY 11 F— tl C� O K 06 RANDY PACK AG tv 3.3 14 ® ✓C ` . 07 KENNETH SMITH N✓ .r 08 CATHERINE JURGENSEN AG Q + 'S 6 Q+,'�J✓ CATHERINE JURGENSEN AG -0 '(Pr JOHN&CAROL DEMLOW AG �� F— STATE OF TEXAS AG N MME 12 SHIRLEY MCCARTY 11 C 3 ltJ 13 CARL&MADGE SMITH AG 14 • CARL&MADGE SMITH SF-1A N SPIN #7 DARRELL FAGLIE 15 STATE OF TEXAS AG • e, zI8.j L. 1 Lk ..i`iJJr� lJ <w.< �. StlX3.L '3 4V IH.Lf1OS r ®Z if � ..;-...i 4I- 'YSHv Q 4 a .r: 'C3A 1flS 2[3.LStl3 StlNZOH.L Q e: (1..... 1 S41, Z8'L ! ��o� y.: Q Y =em. a 3UVfl aS 302[3MYt00 0:Y 1 6 y -f U r 'COMO <•40 simP00®0.an Yi Q (..".- _ 1 1 1 , g , ¢ , \* 7 1 Ve �t` 1111 1 'i :;tiIit2q!ItIjIitII1tIii III E g . .'1 i s�;'.31(II! 1 5 i I a (604! "n'd) -Qn7g axrlifInOS s _ / a� o :0 — — — — Z ; 171 .r. .-, _ sue.n rneuu.�c 1 n- y gt'�g`. O -01-1-.... -- -- H j11 I.ill O J — !1i 0 s _� — — — &®fie I 5 II a la s lel.41 3 3 5 E i: a g gi1 al F. 0 �¢ :. al t A 71,1Yg 1,- ,=, )T( , _ „ 1111IT4..I t111111i11 , , , , 1,1 pa N. 3 ue s9 '`) g` os _ A i „ I maartaw cosoaosa i rI 0�y LJ1 1.\\,I ,*,A y wo::no.. I (11.10". el 1 I ' . y6 m iI art 6 i • City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 97-047 Review No: Two Date of Review: 5/16/97 Project Name: Concept Plan-S-P-2 Zoning Request for Commerce Square being 7.22 Acres located in the Thomas Easter Survey.Abstract No. 474 APPLICANT: ENGINEER: Terry Wilkinson. Southlake Properties.Inc. Callahan&Associates 930 Parkview Lane P.O. Box 15577 Southlake. Texas 76092 Ft, Worth.Texas 76119 Phone: (817) 329-4599 Phone:(817)478-1765 Fax: (817)488-2420 Fax: (817) 561-2544 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/12/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT..787. * This review is based on the "C-2" Zoning District Regulations for proposed Lot 1 and the "I-1" Zoning District Regulations for proposed Lot 2 according to the Comprehensive Zoning Ordinance No. 480,as amended. . Provide driveways in accordance with the Driveway Ordinance No. 634. The proposed driveways intersecting F.M. 1709 do not meet the minimum requirements as follows: a. The west driveway centerline is less than 500'from the east R.O.W. line of Crooked Lane.An approximate 200' spacing is shown. (P&ZAction 4/15/97: delete) b. The existing east driveway centerline is less than 500'from the west R.O.W.line of Commerce Street. An approximate 400' spacing is shown. Please note that this driveway is existing. However, the Driveway Ordinance requires that existing driveways must be brought into compliance when the trip rate is increased by a development. (P&ZAction 4/15/97: delete) c. The spacing between the two driveways is less than required 500' for full access driveways. A spacing of 250'is permitted if one driveway is limited to right in/right out only.The spacing shown is approximately 225'. (P&Z Action 4/15/97: delete) d. Based on the estimated parking requirements,the minimum driveway throat depth for traffic stacking is 75'.The provided stacking depth is approximately 50'. Please be aware that throat depth is measured from the R.O.W. line to the point of tangency with the curb return for the interior drive lane. (P& ZAction 4/15/97: delete) e. Label the"Access Easement"along the east driveway as"Common Access Easement". City of Southlake,Texas 2. The following changes are needed with regard to bufferyards: a. A 10'Fl Bufferyard is required along the west lot line of Lot 2 adjacent to Lot 1.(P&ZAction 4/15/97: eliminate but relocate the required plantings adjacent to F.M. 1709.) b. Show the 10' F 1 Bufferyard along the north lot line of Lot 2 adjacent to Lot 1 with a dashed line. 3. Label the owner's name for adjacent Commerce Business Park lots. 4. Show and label the type and height of all proposed screening. P&ZACTION:: May 8, 1997; Approved (7-0) to continue Public Hearing to the May 15, 1997 Planning&Zoning Commission meeting. May 15, 1997;Approved (7-0) subject to the Concept Plan Review No. 1 dated May 2, 1997 amended as follows: 1) delete item #2a (driveway spacing from Crooked Lane) 2) delete item #2b (driveway spacing from Commerce Street) 3) delete item #2c (spacing between driveways) 4) delete item #2d (minimum required throat depth) 5) amend item #3a to eliminate the 10' FI Bufferyard required along the interior west line of Lot 2, but relocate the required plantings adjacent to F.M. 1709. 6) Eliminate the following C-2 uses as permitted under Ordinance 480-U, Section 21.2: 21. Filling stations or service stations, operating with or without a convenience store. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 7) Eliminate the following C-1 uses as permitted under Ordinance 480-U, Section 20.2a: 5. Gasoline Filling stations that operate in conjunction with a small convenience store. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 5/27/97. If not received by that time,no review will be prepared until the. following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * A letter of permission from the adjacent property owner(s) on the east must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. • 76 -e i-. • City of Southlake,Texas * 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. * It appears that Lot 1 and Lot 2 lie within the 65 'LDN D/FW Regional Airport Overlay Zone and a portion of Lot 2 lies within the 75 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No.479. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. 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. • Vertical and horizontal building articulation(required on the north,east, south,and west building facades)per§43.9C 1 e,Ordinance 480, as amended. • Masonry requirements per§43.9Cla,Ordinance 480,as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13,Ordinance 480,as amended;and Parking Lot Impacts on interior landscaping in§43.9C3h and Exhibit 43-D on Page 43-14,Ordinance 480,as amended. • Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15,Ordinance 480,as amended. • Spill-over lighting and noise per§43.12, Ordinance 480,as amended. • Off-street parking requirements per§35,Ordinance 480,as amended and off-street loading requirements per §36, 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. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Terry Wilkinson, Southlake Properties, Inc. Callahan&Associates L:\WP-FILES\REV\97\97047CP2.WPD 76- 9 ... , ; .;::-: A f • ' -....-; :i • ' • ., . . 41. / 1 1 El . II • g. i st. ft..11 It 'JP A i Ns ::.: e/ ............... CT) C i *\ A .... , , . .-__ , .. .........•, v ........_,,v ....... • 1 1 1 / i II' ---..., ) al ...,..., ,,.;., .k II f-----1 (.7..., ........ - s- 02 '-'--......'-"ia7pi;•.•--rira•--7W"'I-S e.--' hLfloa _. % I ............ ..-........ \ d MT . 11 ir...: 4 i 1 4- -•-•'-'4" ft femutred..' . .-.:::- • 1 c., 1.,..1 = • :.,.. ,./. ...... 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"..-', / • • / • . / • • .....:•• rt :i..- --- -j. . . . , • , .1:. ilt--- .: " -- . . .. • ., ......- ..±., •:-.:::-:: .., .. . • s ....• • , • f ;:','..;,'.1. -...4 ...-..-.,r:f4t44............', . : . :..'::.'...::./.:•.'y 7 4, "- ID . . . . . .. . •.. , • (kbe CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-244 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 APPROXIMATELY 7.22 ACRES IN THE THOMAS EASTER SURVEY,ABSTRACT NO.474,TRACT 3A,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"S-P- 2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT, "B-1" BUSINESS SERVICE PARK DISTRICT, AND LIMITED "I-1" LIGHT INDUSTRIAL DISTRICT USES TO "S-P- 2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT AND LIMITED "I-1" LIGHT INDUSTRIAL DISTRICT USES, 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"S-P-2"Generalized Site Plan District with "0-1" Office District, "B-1" Business Service Park District, and limited "I-1" Light Industrial District uses 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 L:\CTYDOCS\ORD\CASES\480-244.SP2 Page 1 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 L necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That Ordinance No.480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed L:\CTYDOC S\ORD\CASES\480-244.SP2 Page 2 / 1� and amended as shown and described below: Being approximately 7.22 acres of land situated in the Thomas Easter Survey, Abstract No. 474,Tract 3A,and more fully and completely described in Exhibit"A" attached hereto and incorporated herein, from "S-P-2" Generalized Site Plan District with "0-1" Office District, "B-1" Business Service Park District, and limited "I-1" Light Industrial District uses to "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District and limited "I-I" Light Industrial District uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit"B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified,verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be • severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Cr' 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 L:\CTYDOCS\ORD\CASES\480-244.SP2 Page 3 76-13 (ow, violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10)days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1997. C MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR C L:\CTYDOCS\ORD\CASES\480-244.SP2 Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C (Iire L:\CTYDOCS\ORD\CAS ES\480-244.SP2 Page 5 7 a--) �) �../ • (If EXHIBIT "A" Requested zoning of"S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses: BEGINNING at a Texas Department of Transportation (TxDot) concrete monument for the Northwest corner of said Southlake Properties tract, said point being in the South right-of-way line of East Southlake Boulevard (FM 1709) and also being in a curve to the left; THENCE Easterly with the Northerly boundary line of said Southlake Properties tract and said South right-of-way line and said curve to the left having a radius of 1,974 .86 feet, a central angle of 10 degrees 33 minutes 47 seconds and a long chord of South 81 degrees 25 minutes 11 seconds East, 363 .57 feet; ' (hiTHENCE Easterly along said curve, an arc distance of 364 .08 feet to �,, a point; THENCE departing said right-of-way South 01 degrees 29 minutes 16 seconds West 297 .96 feet to a point for a corner; THENCE South 89 degrees 25 minutes 37 seconds West, 365. 11 feet to a point in the West line of said Southlake Properties tract; THENCE along the West line of said Southlake Properties tract North 00 degrees 34 minutes 23 . seconds West, 81.38 feet to a railroad rail; • THENCE along. the said West line North 00 degrees 16 minutes 37 seconds West, 274 . 38 feet to the Point of Beginning and containing 2 .67 acres. C L:\CTYDOCS\ORD\CASES\480-244.SP2 Page 6 7l3—ICC C Requested zoning of "S-P-2" Generalized Site Plan District with limited "I-1" Light Industrial District uses: BEGINNING at a 1 inch pipe found for the Southwest corner of said Southlake Properties tract, said point being the most Southerly Northwest corner of Commerce Business Park, an additioh to the city of Southlake, as recorded in Volume 388-214 , Page 60, Plat Records, Tarrant County, Texas; • THENCE North 00 degrees 34 minutes 23 seconds West along the West • line of said Southlake Properties tract, 405.50 feet to a point for corner; THENCE North 89 degrees 25 minutes 37 seconds East 365.11 feet to a point for an ell corner; • THENCE North 01 degrees 29 minutes 16 seconds West, 297.96 feet to'A .a point for corner on a curve in the South right-of-way line :;. of E. Southlake Blvd. (FM 1709) , said curve to the left . ' having a radius of 1,974.86 feet,* a central angle of 01 degrees 44 minutes, 42 seconds, and a long chord which bears. North 87 degrees 34 minutes 25 seconds West, 60.14 feet; THENCE along said curve, an• arc distance of 60.14 feet to a 1/2 inch iron pin set for the Northeast corner of said Southlake Properties tract, also being in the West boundary line of Lot 1, Block 'B' of said Commerce Business Park;• THENCE South 01 degrees 29 minutes 16 .seconds East along the East boundary line of said Southiake Properties tract and the Woat boundary of said Block 'B' , Commaraa Buoinaas Park, 734.99 feet to an "X" found cut in concrete for the Southeast corner of said Southlake Properties tract and the Northeast corner of Lot 5, Block 'B' of said Commerce Business Park; THENCE North 85 degrees 59 minutes 32 seconds West along the South boundary of said Southlake Properties tract and the North boundary line of said Lot 5, 433.53 feet to the Point of Beginning and containing 4.57 acres. C L:\CTYDOC S\ORD\CASES\480-244.S P2 Page 7 (7 / 7 . / I EXHIBIT "B" A /'' ( — , ``L/ E It eaaw.-cos..-- arc►. cr) .p A A� 11111. r- 4 . ti( • ~um.;`a / It.-'rr J J{p t = t' YY I hid! S# , �(1..\ ;µy RfS IA , C .F iIF 111L11111I� I ld. J 1 �'v 'y1:1< '; ( Q ' If III- I < §y � y 6658 II 1 �711 r� a7{9 ql Ft (R f 111 6..2\ la It .:' 1 1 (;) 1 owes., I rK.� ?, I L ` cF� s� 4`awyoi }nc J ;.I • =�-YY A I g #+Fl« ., , i I I J ;": 1,.. r . II $ 1 :i II • . Ilitil _. t 1 :" . . / t '::. ' (I i ' to \ .... . II i Y I i i 1 p 11 x •. y ..... 1 I I v e VTR, I 1 1 ''y` i .....I � �` fig . " il 11 .a>23- 1 I _ �____� anrma _ _A-Iv : rF< . ii i r: t h G-2pyyQ°C x oc 4 r, { I' 111.11.14 ;�_ ° �_l • 7. 7 i L:\CTYDOCS\ORD\CASES\480-244.SP2 Page 8 • City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-044 PROJECT: Second Reading/Ordinance No. 480-242 Rezoning/Rudduck property STAFF CONTACT: Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as approximately 4.00 acres situated in the Obediah W. Knight Survey, Abstract No. 899, being Tract 2C. LOCATION: South side of Lilac Lane at the intersection of Pine Drive and Lilac Lane. OWNERS/APPLICANTS: Jack and Barbara J. Rudduck CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-lA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fourteen(14) RESPONSES: One (1) written response was received within the 200' notification area: • Linda A. Humm, 260 Silverwood Cir, Southlake, TX, in favor. P&Z ACTION: May 8, 1997; Approved (7-0) COUNCIL ACTION: May 20, 1997; Approved by consent(6-0), first reading Ordinance No. 480-242 STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan Review by Staff. 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LAND OWNERS AND ZONING ,3 100 13 'w /, 01-May-97 3 2 v 12 # Owner Name Zoning 01 SANDRA TALLEY AG 02 WES &CYNTHIA RYON SF-1A 03 JAMES FULTNER AG 04 VIRGINIA CARLILE AG 05 JAMES&JOAN KRAUSE PUD 1 06 JOHN&BEVERLY WELCH PUD 1 JOHN&LAURA KOSTER PUD 1 (09, RICHARD&LINDA HUMM PUD 1 SPIN##10 AL MORIN DALEN&DARA THOMAS PUD 1 10 ROGER&SHERYL MATZ AG 11 STEPHEN&SHERICE BEZNER SF-1A 12 STEPHEN&SHERICE BEZNER SF-1A 13 DELORIS PEARSON SF-1A 14 ROY HEYNE AG 7- i (61., CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-242 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 APPROXIMATELY 4.00 ACRES SITUATED IN THE OBEDIAH W.KNIGHT SURVEY,ABSTRACT NO. 899,BEING TRACT 2C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURAL DISTRICT TO"SF- 1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a 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 L:\CTYDOCS\ORD\CASES1480-242.WPD �'� Page producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, (weWHEREAS,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: Beingin approximately 4.00 acres situated the Obediah W. Knight Survey, Abstract No. 899, being Tract 2C, and more fully and completely described in Exhibit "A" L:\CTYDOCS\ORD\CASES\480-242.WPD Paget 7 '-C (aw, attached hereto and incorporated herein, from "AG" Agricultural District to "SF-1A" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs,sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances 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 L or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. L:\CTYDOCS\ORD\CASES\480-242.WPD r.-, I - V Page 3 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 , 1997. MAYOR ATTEST: (re CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR C L:\CTYDOCS\ORD\CAS ES\480-242.W PD Page 4 F/V—-7 (hir ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C (Ire L:\CTYDOCS\ORD\CASES\480-242.W PD Page 5 ~7C.g EXHIBIT "A" BEGINNING at a 1/2" iron pin found, said point being 2000.00 • feet North of the Southwest corner 'of said ,flight ng Survey, said point also bei the Northwest •corner o Lot 23 Block 3., Timarron, Phase One, Section One, The Highlands, according-to plat. recorded in Cabinet A, Slide 1014, .. 1at.•Records, Tarrant County, Texas; • THENCE-Nortl►-,••along the West line of said nAght Survey, 8255.00 feet-. to a 5/8" iron pin found in Lithe Lane; . 1 IY 1 THENCE South 89 degrees 30 Minutes .00 seconds East, along Lilac Lane 210-.21 feet t,o snail found for corner; THENCE South, 827-. 66 feet to a 1/2" iron pin found foe corner in the North line of said Block 3, Timarron (NW Addition; taxes ,E ;West, aldbt' said North line, 210. 20 feet' to the POINT Ace40INNING and containing 4.00 acres of land. C L:\CTYDOCS\ORD\CASES\480-242.WPD Page 6 City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA97-052 PROJECT: Site Plan-Wendy's,Village Center, Phase I STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Wendy's, being legally described as Lot 2, Block 1, Village Center, Phase 1, and being approximately 0.8126 acres situated in the Thomas Mahan Survey, Abstract No. 1049. LOCATION: North side of Southlake Boulevard (F.M. 1709) approximately 310' east of the intersection of Village Center Drive and Southlake Boulevard (F.M. 1709). OWNER: T & M Southlake Development Company APPLICANT: Wendy's International, Inc. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Village Center NO. NOTICES SENT: Five (5) RESPONSES: One (1) response was received within the 200' notification area: • Southlake Land Ltd., Dennis Sces, G.P., 301 Commerce #1205, Fort Worth, TX 76102, in favor. "A good service for Southlake." P&Z ACTION: May 22, 1997;Approved(7-0)subject to Site Plan Review Summary No. 1 dated May 16, 1997, with the following amendments: 1) delete requirement#3b (south curb cut into west line of east driveway intersecting F.M. 1709 does not meet minimum throat depth requirement of 100') accepting drive location presented by the applicant at meeting; 2) applicant agrees to meet articulation; 3) light study to be conducted, considering existing lighting in Village Center in order to meet minimum corporate standards. City of Southlake,Texas STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1 dated May 16, 1997, with the exception of those requirements in the attached Site Plan Review Summary No. 2 dated May 30, 1997. L:\WP-FILES\MEMO\97CASES\97-052SP.WPD L 1D- P- r,.. I 12U 1211 i .3A1H2 I • " . , I 10.4 At A .i ., I I \ Ir'Gg ,-. ' •--, • -- ..•-•. I .. .. , 1 i I 1 1 2F2 i i o 3A102 3 Ac .,,.. i ,- 2F3 2F4A lel 4C 2F2F10 3A1H2A 4°Hume 61"7-2*.JACK D. 5H - i s /_to 9.47 Ac 1 ... 14 , nim JOHNSON 3A1D1 3A1113 \ 1 / 21 ELELIENT,=. ARY -4 Ai! 3A1H 3AIH1 t'..t.„...-2-.f.- 6.7 Ac Ac 14 Ac ,,......, 14/‘11‘ \,-•'-'11,4011 14 t -3-'-'-'-iq .. i..--/ --- 3A1A ,..1 3A1.12 2A2 • :0( •••! \ • Ne. • . '''-ea I • •- 3A Ms:TAN- r2.42 2A3A 1.--r— -^, ,., 3,41.14 8.13 Ac W1211*....... . .045 HiLL. 2A3 , • • .....,,rit,'W PAgf% El '..--•, „,,, •- 18.94 Ac A is 1 ii 9 3A17 _I itilell. .11.11111s, j_._. L___,g.... FLI• 3MU .13 2 2 2 11 3A4P---- --- 2A1 A A A ii '', / .. EAST HiCHTATID STREET 6 5 7 ii '1 • -rH•iijrt-' • . , -- -. - -. 4 _.< .... CI 1DI IF 1F1..... TE-1--- 18 1 IC I IA 20 f 2c „,, cArl`c)I'L 6cApRou, tuitia....-1E3 .!•••- 11„.• .! ! 1!!1-!. . . /"... MIMED 2E1 •1111.o ; I 4 - ;SCHOOL k •..3...--., 12, 5A1 ! z 101A -'-',....-: q 'Fr 12G . 502 102 - 102A 8.75 Ac 1 NNAI 1 532A ',I. ir. IC . 5028 5D28--. 3A&3A2 24.91 Ac -.....- • \--J-V I 7A4 1 ION &75 k 5D5 5A2 80.1 Ac 504 V f.W. HALL ,&IA? •,1 ''', .)ji\IVALL, ",._...‘... ''.. 501A STIRIEY A-495 .11.‘-.1_...i . 36 .%-1 3 f\-; -4....: 3A ..5.1.5A I INICH.I2D EADS --- ..-:, . • ' 'P„ ..- , MIL..IIBILI:1 A-401 I j I 5A341 • A•T,O's .,•';")..'S.' ii i1 • 1 1 .\\ OA /:„ C's 543 it J.. 38< ort,.......lt t -ir- • :4 jr •ir-,-. '',., 1 A <('„. 'YL, i5A4 1 501 1 , " 11 i •.. 1 -.4-1 -,-- 21 k 513481 ••••111",7 i i ill 0 , „,..... . ..... THOGIA3--it.AHAN 4 r.:.' 5840 • 0° .I . 1 I , . ..- . ... 1 77 / .,., ..._,, SURWY A-tOff ..--- . I' ' .0,1' • ! ' 28 \ i --_ S. 2A 2'-..,.. ..„..----5 5A4A *a - --1121. 584C 1 ---r-] i • i —• g 3 2B1A 201 5 5C1 59--sat------ --1--"11--4-- .- . ,- i I 9 \ 2135 '':::j.I 4Cf ---d•-'' -.j • i CITY 2c1 , . r- C.i i•,s4 ;it ... 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I417 I ,- -.--.._7•-"-.-._..-..-.:.:„_:-.-.._-..-_'.•'_.'-._-._.-.-.'._'- • — _ 1123. .09 At —I63C)°. ..ii-*.-ME-•.--1---I-'- -0•-•.0- 5O-W- 27,2,,1I. ,.. ... ., .. 2 EA' .6k1c/383 A UL 071A 6L sfr EH T 61( 6E1 et\rf 5Y'i I i i .1. 133 ' 4c TRACT MAP __ i 383 3 1 , ..... 1 , N 413 0 3 At 1:1 6.15 Ac 'bat ••• •••••• 'iii A RAINBOW SI. .. I ki:It DAI - 111 2A 2C1 1 29I 87.1 A (---N—. C� • J L c V• t‘ c PR TRGf 10.26 S-3 � .... I. tS n 2- T&M SOUTHLAKE 2.3. o o 3 h 1 a -) C3 • TR 6F '� 6 20.2653 f ggA T. MAHAN o�16 ac .� l .) FA SURVEY ,884TR 60 • • A— 1049 23. at STATE OF TEXAS -- -SOU K IND- . -- -- - - - - - -- - ;Tr_Atibe _ "„ TR 20 •/� • IBA .074 .0 TR 281 / . ~ .• .T098 01 ./ • K LQ .164 0 1', . TR.182A `. '5R1 0 + .909 AC 07 0 ` � C' . • TR 2 . • 2.726 AC SOUTHLAKE LAND LMTD. • TR 1628 in • C4 i TR28 _ 'H Eir" 2 M. FRANK ' 1.41 O 14.586 AC Q 25R2 h AG • . 1.001 0 AG fw iu \ TR 182 \ 11.219 C 24 _ FRE MAN EY ,: \.. \`°1!.°3. . � - A . • , . • .• 4• ., • L . 9 7--- -Z / '� / City of Southiake,Texas SITE PLAN REVIEW SUMMARY Case No.:ZA 97-052 Review No: Two Date of Review: 5/30/97 Project Name: Site Plan-Wendy's,Lot 2.Block 1,Village Center Phase L being 0.8126 acres located in the T.Mahan Survey.Abstract No. 1049 APPLICANT: ENGINEER: T&M Southlake Development Co. TransSystems Corporation Westpark I. Suite 200 Nations Bank Building 12655 Olive Boulevard 500 West 7th Street. Suite 600 St. Louis,Missouri 63141 Ft. Worth.Texas 76102 Phone: (314) 576-1900 Phone: (817)339-8950 Fax: Fax: (817)336-2247 Attn: Barry Hudson CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/27/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. * It appears the applicant has met the requirements for site plan review. Additional P&Z Recommendation: Light study to be conducted, considering existing lighting in Village Center in order to meet minimum corporate standards. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 6/9/97. If not received by that time,no review will be prepared until the following submittal schedule. All.17 revised submittals must be folded 6" x 9" and an 11"x 17"revised reduction must be provided. * Note that the corridor overlay requires that 50% of all canopy trees must be 2" in caliper and 50% must be 4" in caliper during preparation of landscape plans. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that all mechanical units must be screened of view. * The applicant should be aware that prior to issuance of a building permit,a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Perimeter Street Fee, Water& Sewer Impact and Tap Fees,and related Permit Fees. * Denotes Informational Comment aft: Articulation Evaluation Chart cc: TransSystems Corporation,via fax L:\W P-FILES\REV\97\97052SP 1.W PD i Articulation Evaluation No.! Case No.ZA 97-052 Date of Evaluation: 5/16/97 Ccefor Wendy's Lot 2, Block 1 of Village Center Ph. 1 ived 4/14/97 'Front-facing: South Wall ht.= 19 Not applicable, Wall length does not exceed 3 times the wall height Rear-facing North Wall ht. = 17 Not applicable, Wall length does not exceed 3 times the wall height Right-facing: East Wall ht.= 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 51 34 -33% Yes 51 37 -27% Yes Min.artic.offset 3 4 33% Yes 3 5 67% Yes Min.artic. length 6 12 100% Yes 6 12 100% Yes ( 4t-facing: West Wall ht.= 17 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 51 19 -63% Yes 51 38 -25% Yes Min.artic.offset 3 3 0% Yes 3 3 0% Yes Min. artic. length 5 14 180% Yes 13 14 8% Yes C • e -Lb filfill i I al ail irig 01 1 tis . is. 1 g. to i a 1 '-gi . 1.. pit ;.q..1 4 th i"li 1: III Pit IF ill .11.1 • g %an 111 i IC gi le gi WI Win „I x 1 gi 01E1 Al"•1. 1l poi III 1 tb 4. i'tit +,i• I + r. 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City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 96-162 PROJECT: Concept Plan -Telesupport East Campus STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Concept Plan of Telesupport East Campus,being legally described as Lot 25R1, Block 1, Woodland Heights Addition, as recorded in Cabinet A, Slide 1681, P.R.T.C.T. and being approximately 2.070 acres. LOCATION: 1901 E. Southlake Boulevard and on the southeast corner of Westwood Drive and Southlake Boulevard(F.M. 1709). OWNER: Patrick Monahan APPLICANT: William Hickey CURRENT ZONING: "C-1" Neighborhood Commercial District LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Office Commercial NO. NOTICES SENT: Seven(7) RESPONSES: One (1) response was received within the 200' notification area: • Frank Ritz, 2101 E. Southlake Blvd, Southlake, in favor. "Southlake is still in need of quality office space. With Telesupport's past tract record we think this fills the bill." Two (2) responses were received outside the 200' notification area: • Larry Marshall, M&P Investments, 905 Parkview Lane, Southlake, in favor. "As long as the elevation is complimentary to the buildings adjoining to the East and West(not South)." • Diane & Larry Faughn, 215 Eastwood, Southlake, TX, opposed. See attached letter. P&Z ACTION: January 9, 1997; Public Hearing continued to January 23, 1997 due to Resolution 95-24. (- "' January 23, 1997; Public Hearing continued to February 6, 1997 due to (sir Resolution 95-24. February 6, 1997; Approved (7-0) Applicant's request to table until the March 6, 1997 Planning&Zoning Commission meeting. March 6, 1997; Approved (7-0) Applicant's request to table until the April 3, 1997 Planning &Zoning Commission meeting. April 3, 1997; Approved(6-0)Applicant's request to table until the April 17, 1997 Planning &Zoning Commission meeting. April 17, 1997;Approved(5-0)Applicant's request to table until the May 22, 1997 Planning &Zoning Commission meeting. May 22, 1997;Approved(7-0)subject to Concept Plan Review Summary No. 2 dated May 16, 1997, with the following amendments: 1) eliminate right in access on FM 1709 2) recommend 3 lane configuration on Westwood for free right turn; 3) delete requirement #la (all driveways into the site must have a minimum throat depth of 50') 4) delete requirement#1 b(commercial driveways are not be permitted on local streets unless the tract or lot has no other public access); (kw 5) delete requirement#1c(proposed driveway intersecting F.M. 1709 does not meet the minimum spacing of 500' from the intersection of Westwood Drive); 6) amend requirement#l e (provide geometry for a right in\right out driveway)to reflect right out geometry only; 7) limit parking to minimum required. STAFF COMMENTS: The Applicant has met all requirements in Concept Plan Review Summary No. 1 dated January 3, 1997 and Concept Plan Review Summary No. 2 dated May 16, 1997, with the exception of those requirements in the attached Concept Plan Review Summary No. 3,dated May 30, 1997. L:\WP-FILES\MEMO\96CASES\96-162CP.WPD L ie cA-/t4L4Z P+Z- Plifra.v L May 22, 1997 TO SOUTHLAKE P & Z RE: New office buildings at Westwood and 1709 The city has already made a dangerous intersection out of a residential entrance. Please do not compound it by adding 80 plus cars, coming and going twice a day. Before voting in favor of this, please take the time to enter and exit Woodland. Heights during rush hour and ask yourself if you would be (lior willing to expose your family, friends and neighbors to this risk 2 or 3 times a day. 40 (--c-A-t-i Diane and Larry Faughn 215 Eastwood C 3A1143A1.12 3A1.641VO4"4" 1 2A25, 4) '-ai .‘ f'- V>)"' . N "*. . ,..Mk• _2/1 ' 2A3A, •-r- „lc' •;:%';.!A qilliiil 9 --•-• Y- 6.13 Ac L e,—"a11434\------7711.411: 2A3 1 04:‘ ll., ......4......... El • A ti ••ks rtn-"--1-----!.---- SAIJ JAW 2 2 2- , •- 3a1.1 r um— `— 2— AirTflA 5 --...--9 , •A EAST 4CHLANO STREET 6 7 ii 9 114-14-PrirRHI. • 58.- 3.> I tc Iii. w in_ Ainiffilhe • • . • lie i. SAI i ,....---. . SE 1 3C1 ...,,,l TRACT MAP CUOGL ._,., _... 5D2 t".' •••I' IOU ' Q75 Ac 5D7A ./ \3C1C 5C1H,/c 182 I 102A_ ---_ 1 ..., I • 5078 I /• _ ___ Q75 Ac 503 .• 1 5C1G2 •-• , - -- i C '''' • 80.1 Ac . 5A2 591 : , •, __ . k ) 50 n I? --. I k 1A1 s......._ ‘, SOK -f.."__ ! 1 , 30 ss al -A t — , • i • i 2.; •. • u !AA — —7\ja- ,rp RICHIID LE zda • lus. t ill A-4411 rs>, 1' W1,11..i..., Isk ',... U I ) 384 El st ..... MAS 440k l2l i 50111 " THO HA 21188 ii87 T-- .I. V1.V26A46 // 7/ ' . 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I r1.• 5 i 1 I 1 , 6.V..I AC ' r:\ 6—A IA2 683 68 a 641 IA 2C "591 1 ‘ rat _...._4i ,... US111 - 1 ------ .k\--Gg ---.-.0f- a 9 61 Ac . . , 13 4 ,,. IT 682 ....., 6C 60 - .•CA ' ri T: • • • I Es , �; P C3 \ LsF:_ Y a (� .z FARRAR ADDITION T&M SOUTHLAKE 1 'll. r i _ — - STATE OF TEXAS _ __ _ _ _ _ ____ STATE OF TEXAS z33 • 0 'to • 1A17 '" 'TR ' „ .0,forti q 04 1 R )47 0 ,074 • TR 261 /.' 5 - .51AC . -- .164'0 1.03AC ‘` 01 n a 2g • TELESUPPORT 1z % .607 0 AG 1.741 O - 'A - �' — _ TR 28 .5( , 0 • be • 14.586 AC r-- CF I A I.__ 01 Z gRQBI I 2c bcc HCC �877 .06 O B. WILLAN SF-1A : I 1. , ,,, - D. LIGHT I N ,.. ---1 2.958.0 24_ - �ti1.. . 3 ►\. FRE BEY 3A JA SURD` g 91.AC • 4 • g 23 • - 22' .. i LIU iJ__t 24 5 +a m to . nu1 20• 27 26 25 ADJACENT OWNERS 19R AND ZONING . Li43au 44 :________________,----'"---7:7 14 _ SPIN#8 PATTIE MINDER 18R •'.. r _ 7 2.? ,.. AN J • r r7',D P ; City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 96-162 Review No: Three Date of Review:5/30/97 Project Name:Concept Plan-Telesupport East Campus._Block 1,_Lot 25R-1 of the Woodland Heights Add tlon. being 1.95 acres situated in the John A.Freeman Survey OWNER: ENGINEER: Patrick Monahan.do Telesupport William Hickey 1723 E. Southlake Blvd. 1384 Shady Lane#1407 Southlake. Texas 76092 Bedford.Texas 76021 Phone: Phone:(817) 545-1967 Fax: Fax: (817)496-0951 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/27/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. The following changes are needed with regard to driveways according to the Driveway Ordinance No. 634: A. All driveways into the site must have a minimum throat depth of 50'. The south drive off of Westwood has a depth of approximately 30' and the drive intersecting F.M. 1709 has a depth of approximately 40'. P&Z Recommendation: "Delete this comment." Col B. Commercial driveways are not permitted on local streets unless the tract or lot has no other public access. The proposed site has frontage on F.M. 1709; however, a driveway accessing F.M. 1709 would not meet the minimum spacing requirements. P&Z Recommendation: "Delete this comment. " C. The proposed driveway intersecting F.M. 1709 does not meet the minimum spacing of 500' from the intersection of Westwood Drive. The provided spacing is approximately 148'. Although the proposed driveway intersecting F.M. 1709 does meet P&Z's recommendation fora"right-out"only and does meet the minimum 250' spacing requirement for a limited access driveway from the off-site driveway to the east(distance shown is approximately 265'), the driveway should meet the geometry for a"right-out"only as provided by the City Engineer. P&Z Recommendation: "Delete the 500'spacing requirement; eliminate the "Right-in"access on F.M. 1709, and provide geometry for a "right-out"only." Other P&Z Recommendations: * Provide a 3-lane configuration on Westwood at F.M. 1709(adding a "free right"turn lane.) * Limit parking to minimum required. * The applicant should be aware that revised submittals for the next scheduled meeting must be received at the City by 5:00 PM on 6/9/97. If not received by that time, no review will be prepared until the following submittal schedule.All 17 revised submittals must be folded 6"x 9"and an 11"x 17"revised reduction must be provided. r City of Southlake,Texas * It appears that this property lies within the 65 Ldn D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport compatible Land Use Zoning Ordinance No. 479. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. 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. * Vertical and horizontal building articulation(required on the north,east,south, and west building facades)per§43.9c 1 c,Ordinance 480,as amended. * Masonry requirements per§43.9c 1 a,Ordinance 480,as amended,and Masonry Ordinance No. 557. * Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480,as amended. * Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as amended. * Spill-over lighting and noise per§43.12, 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, 4 as amended. * Fire lanes must be approved by the City Fire Department. * The applicant should be aware that prior to issuance of a building permit,a plat must be submitted for approval and filed in the County Plat Records,and a site plan,landscape plan,and irrigation plan along with 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 Traffic Impact Analysis was not required with this submittal. The intensity of the proposed use does not appear to exceed the criteria of the Driveway Ordinance which would require the TIA. * Denotes Informational Comment cc: William Hickey, Architectural Designer Roy C. Lee,Telesupport L:\W P-FILES\REV\96\96-162CP.3 (ii, q E- 7 I260-96' (L,i9) :WA C006663C (LI9) )a3LL30 696I-9t9 (2I9) :�Id30 MIL•uww almarcl Z6091. SV7Q,L '�Itl'IH,LIIOS mnuwe ao rfa MILL os ra,Iam w. '3 �[ u(0, �, IZ09L slow. 'Q2i0.i a a 'QA'IH aXWIILLf10S '3 CZ °Mr'�01 GOITT # atrn rnviis",ftci ,L?IOddtIS3'ISJ. VICIAlriel I-� ' '�� 2TSrIJIS3Q 'IV2II11.3aLIIi�2IY 'I '3 x0?I '2D[ MOMMOMVI'I�lIN LNYoPIddt►/2I3AIil0 c 1_, _I-N R all as M fl i B I . — N I 1 f 1 YIO�t E�`: Ic floalra R I I 1 ►J 1 a i il 0 41i .4. Ir 1 ' i gl f®1 hi 1 MID au .IOYIC i.00AI PIO I ., ,, 8 • _ ` i:_:: .- 3iiiiiiiii lii■iiiiiii 11:it ,mot R \il 1 alm m da -\'Pi - ' yk N MN\t !ii,.: oP ii cei. " g \,'.• . N,,,,.:. .. \' 1:1!i.114., I i ' •:iiE.V* MIL\7. , gitirit • 741". - !ligl �1 IBI n `'. 2 41 -''.. ..., %mg ] qo 2_5 it E i § ......„_7.7_ !!!1, 1 '1.1ii * MI:Mir . g ,, kt : , ft- 1 ..„. .%:. .„iiii,i4;,iiiiiiiii4ii-,,,,,..,:.:i,i - - , ....;,..------1 1.Ca .iti. 'ySiiiii::..q;�. I = is vp'is:.o-: ::::a: _♦ /" / li I, : ____.-- !: \ , \ lig IV-- -----‘ j / 0 Np S � H _����� C�I?, r g 1 1 iI!i;J1Lj_ __j cv I City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-035 PROJECT: First Reading/Ordinance No. 480-245 Rezoning/A portion of Lot 3. Block 1.Miron Addition STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning of a portion of Lot 3, Block 1, Miron Addition, according to the plat recorded in Cabinet A, Slide 1252, P.R.T.C.T. and being approximately 0.346 acres. LOCATION: West side of Miron Drive being approximately 680' south of the intersection of East Southlake Boulevard and Miron Drive. OWNER/APPLICANT: Martin W. Schelling, Trustee CURRENT ZONING: "B-1" Business Service Park District REQUESTED ZONING: "S-P-2" Generalized Site Plan District with limited "B-2" Commercial Manufacturing District uses LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Office Commercial NO. NOTICES SENT: Five (5) RESPONSES: One(1)response was received within the 200'notification area: • Smock& Husseini JV,, N.M. Smock 1529 Lambert • Blvd., Oakland CA 94602, undecided. "We do not know what the ramifications would be to our adjacent property with this zoning." P&Z ACTION: April 17, 1997;Approved(5-0)Applicant's request to table until the May 22, 1997 Planning & Zoning Commission meeting. May 22, 1997; Approved(7-0). STAFF COMMENTS: The purpose for the rezoning of this strip of land is to avoid a split lot zoning classification within the proposed Lot 4R, Block 1 Miron I i City of Southlake,Texas Addition. This strip of land is the remainder of Lot 3 (Zoned`B 1") located between the land purchased by the City and the R.O.W. quit claimed to the owner of Lot 4(Zoned"S-P-2"). The rezoning of this strip will result in all of the proposed Lot 4R being zoned "S-P-2". The City Zoning Administrator has waived the Concept Plan requirement for this strip and has informed the owner that a revised Concept Plan for the entirety of Lot 4R will be required prior to issuance of any building permit. L:\WP-FILES\MEMO\97CASES\97-035Z.WPD (me 911 .1 AN� .. 5132A 5028 80.I Ac HALL n 1,{p,tL' _'' , ,� ! "KEY A-495 HWLS� �t!J - I&1A1 I �r A-.3.� fICCb��,G°3® �L�®� 3A x 3 ram. i• ..-.:, , - a 5c, 0 --'r ' - 1 F • MIII o TH®(�ilA� q�7 �1 M Y 5A1-7 -"'. now. aidll IN 1:. r;/.i 1 ..... 28 2A .2 15101.,• _'- - �i 311 N —1 E !LIL HAIL f.- _ir Il I /, / / 'owmi-, 11 111211121 sidi ir. i i i i \ ' } ! 1 i 1 SA eweg • -4 t Mil 584.1r .M. 2 ti �` 1N1. i :.,Imo. Milailiii ri•-,1-•- • sax T . 18 • NOR —�'' 'I___© � � ��EST PKWY :•ST 7665 Ac 3 Ac ZAI s.l 30, i I 1 co RA,R ! 3A6 ,gR EAR :1• - o I Et1,3,41 n. 304 30 JON �j0� k ='-�1 ',t 3D Cr.w ITos) i_ A,D F ! l �F1 �i ]C W. — — - EAST 501.12RACE BM. S lLt? 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EADES LEi 6 P SURVEY TR 6 �, iim4, (.. 14 2 - .0`l 6 flc H��� 53.497AC '4—48 i IA' IA1 4q3 0 18 .185 O _ _ _. • t33 • 'Ls • 1A1/ ,,. i��' �c q .047 O 2A 1 R . • 1.522 AC 5 .51 AC 15805 1.00 AC 61.03 AC \1 A , lA 25R1 2B 2.07 0 a4 kZ ' .6070 ) . I � ,ys 4A O � . B U x in�0 = 1.741 0 . . .50 0 "' \ � i tt i • lA —P_2 a SF-1 Al2.622 AC i �� \ 14C +IlY, gI I .06 O t00 O 1 SMOCK&HUSSEINI Z•(;2•2 M. 1 I I SCHELLING " 2�5 I tat7n —�_. _• L D.LIGHT p_1 _ -- f A 3�Bp 24 2.958.0 . 13c o S 3C1 • I Z 3 B-1 1 J.ADDOCK a I. O0 .�',3Se ..91 ..., , . CITY OF SOUTHLAKE I � •M.SCHELLING •23 1123.8 ,a Hi ns .IN n „ toe, iGo - . I 4 . � ,7 1 18 _ 19 • R 20 R 21 22 23 Lug u a as as �u `�i44 22 „. • O WESTMONT CT 5 as on 41 TO II 10117I 12� • '89 '2Z 1 > >l „ „ • 1211 33 .32 31 30 • S29 g 28 * 27 1 .26 125.. I R E ' ,s ADJACENT OWNERS KI 6 37 38 39 i,_ AND ZONING 6 , 1mg 2 > "' SPIN #8 PATTIE MINDER FOI 9 1 �- I II I\:; cs2 LAB 7 7 .. (be CITY OF SOUTHLAKE, TEXAS 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 a t a,' n�i `' ' AND BEING APPROXIMATELY IN I ;,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM " . ti,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 =3ry 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 CityCouncil of the City ty 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 L:\CTYDOCS\ORD\CASES\480-245.WPD Page 1 gfri • changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WIREAS,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: L:\CTYDOCS\ORD\CASES\480-245.WPD i4 - (l' Page 2 L/ • ,. LBeing g ����i� r �i �� sac � � , and being approximately ' .' of land situated in the e ..� t x," q0 , r , k 4 ice: 07 , and more • fully and completely described in Exhibit "A" attached hereto and incorporated herein,from e • r ! 3'" r vm•9er.a '=::;: to x x Ft & A:g 'wal k'. u it 5. b a t " ,) 00;ale v art g `4 f:. E:� q rc. i Ea :).. c 5 , <, " ..t r Na t - @ Re Gila. 9 a Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections,paragraphs,sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified,verified, and affirmed. _ ,Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water,parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning L:\CTYDOCS\ORD\CASES\480-245.WPD Page 3 1 7--If _ i1 r Ce of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10)days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law,and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. C MAYOR L:\CTYDOCS\ORD\CASES\480-245.WPD Page 4 5 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C C L:\CTYDOCS\ORD\CASES\480-245.WPD Page 5 l (ire EXHIBIT"A" COMMENCING at a 5/8" iron pin found at the Southwest corner of said Lot 3, Block 1 of said Miron Addition, said iron pin also being on the North line of Oak Tree Estates, an addition to the City of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 2121 PRTCT, said iron pin also being the Southeast corner of Lot 1, Block 1 of Gorbutt Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Vol. 388-156, Pg. 12 PRTCT; THENCE N 00°08'52" E along the East line of Lot 1,Block 1 of Gorbutt Addition,a distance of 255.62 feet to a 5/8 iron pin found for the Point of Beginning of the herein described tract; THENCE N 00°08'52" E along the East line of said Lot 1, Block 1 of Gorbutt Addition, a distance of 33.92 feet; THENCE N 89°58'04" E, a distance of 463.11 feet to the Point of Curvature of a non-tangent circular curve to the left having a radius of 75.00 feet and a central angle of 35°25'14" and being subtended by a chord which bears S 41°56'56" W,45.63 feet; THENCESoutherly along said curve to the left, an arc distance of 46.37 feet; THENCE S 89°58'04" W, a distance of 432.70 feet to the POINT of BEGINNING and containing 15,084 square feet or 0.346 acres of land. C L:\CTYDOCS\ORD\CASES\480-245.W PD Page 6 City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-036 PROJECT: Concept Plan/Lots 3R1-3R5 (Previously submitted as Lots 3R1-3R6),Block 1.Miron Addition STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Concept Plan for Lots 3R1-3R6, Block 1, Miron Addition, being legally described as a portion of Lot 3, Block 1, Miron Addition, according to the plat recorded in Cabinet A, Slide 1252, P.R.T.C.T., and being approximately 4.758 acres. AMENDED REQUESTED ACTION: Concept Plan for Lots 3R1-3R5,Block 1, Miron Addition, being legally described as a portion of Lot 3, Block 1, Miron Addition, according to the plat recorded in Cabinet A, Slide 1252, P.R.T.C.T., and being approximately 4.758 acres. LOCATION: East side of Miron Drive being approximately 440' south of the intersection of East Southlake Boulevard and Miron Drive OWNER/APPLICANT: Martin W. Schelling, Trustee CURRENT ZONING: "B-1" Business Service Park District LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Office Commercial NO. NOTICES SENT: Eleven(11) RESPONSES: Two (2) responses were received within the 200' notification area: • David Morgan. 210 Westwood Dr., Southlake,undecided. "1. The elimination of hundreds of trees. 2. Lack of privacy. 3. Type of fencing behind buildings." • Murchison Properties, Inc., Dave Marshal, 1445 Ross Ave., Ste. 5300, Dallas, TX 75202-2807, undecided. "We have concerns about the lighting,tree removal, screening wall and trash and service facilities placement associated with the proposed development and the resulting impact on surrounding residents." City of Southlake,Texas P&Z ACTION: April 17, 1997;Approved(5-0)Applicant's request to table until the May 22, 1997 Planning & Zoning Commission meeting. May 22, 1997; Approved(7-0) subject to Concept Plan Review No. 2 dated May 16, 1997, with the following amendments: 1) modify requirement#3 (correct the U.E.to reflect 15'along south and west perimeter boundary) to reflect that the applicant will request vacation of 5' of the 15' U.E.; 2) delete requirement#4 (provide a minimum spacing of 100' between driveway centerlines); 3) amend requirement#5 (applicant should accommodate a minimum 60' R.O.W. dedication as required for non-residential development) to allow continuation of 56' R.O.W. accepting the applicant's commitments: a) to provide a 25' Fl bufferyard along the East; b) to provide 8' cedar capped fence; c) to provide either a pitched roof or parapet roof building construction. STAFF COMMENTS: The applicant has met the requirements of Concept Plan Review No. 1 dated April 11, 1997 and Concept Plan Review No. 2 dated May 16, 1997,with the exception of those requirements in the attached Concept Plan Review No. 3 dated May 30, 1997. L:\WP-FILES\MEMO\97CASES\97-036CP.WPD L _ 8 75 Ac24. 1 502A • _1 1G 5020 rEz.„ 3112 \ \ --- .. •,, ,-0 , 8 75 Ac iin 1 Ac 164- I t 7A4 . .-- SA2 80.1 Ac I/ . .__ • -261 • 50 „_.--r F. HALL w 1 •-- %&I AI -. ; .e."' 1 • ?WY A-605 I 0-4-...i -.- 3A 30... •---t... i 1 it / RICH L•RD EADS ----- --2, .; 5C1 ,p I I 1 tt. 0 s,..0 ., • WY A-461 ' MhIlAINIWila 1). .-----" I. 38_, 111111ittrallii I4:.-- 1 •e m •- „_.,.. _ , 5A 501 Rir i•L,Prv.1•%U 1RTiIll C1:111 + • ... woo '';'• i i ° i • • - ....• - THOINA3—at HAN SW A-I 11 r:., cm MS1629 ,1 1 ! ,.. ,. 5 I 7„. / , \ 1 ! ! / ,:../ •,'..-. 28 : 2021g121 2A 2,...,,.... .....„.„,.....,5 .,._,...5C,... =ME . 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LIGHT (1110e /— _/- - - - � 3B J{ 24 , i A ti :---i. i 2.55 for - • . _ 1 ISS ' J.ADDOCK B-1 1 " 3Sei •23 :ITY OF SOUTHIAKE 1 - i " 1 1 • N ,tt d �f -- WeD. MORGAN • O w 0 SF—ZOB z R z R 21 R 22 • 23 `p MURCHISON PROP. 24 22 ' / :mac --- . Um WEST E CT ,a at a s, I. -,17 I ....117 I ....117 I" SANDERS • D MCNUTT L LW 33 32 31 3( \CUST0M A \BLDRS. , lip w EI r , ` 6 R SPIN #8 PATTIE MINDER 1 i 37 3 V 4 > usr ADJACENT OWNERS 9 r ,xi — F —774 7911 — 1291 .1"` I 1311 I 13.12 4 4_11.12 1 I 41,,,7\ .‘i 1 7 1 ../1 n 0 ,fri AND ZONING Ver City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 97-036 Review No: Three Date of Review: 5/30/97 Project Name: Concept Plan -Lots 3R1 thru 3R5 (previously submitted as Lots 3R1 -3R ).Block 1, Miron Addition,beipg 4.758 Acres situated in the John A.Freeman Survev.Abstract No.529 APPLICANT: ENGINEER: Martin W. Schelling Trustee Goodwin& Marshall.Inc. 601 W. Wall Street 6001 Bridge Street. Suite 100 Grapevine.Texas 76051 Ft. Worth. Texas 76112 Phone: (817)481-7751 Phone:(817)429-4373 Fax: (817)481-2597 Fax: (817)446-3116 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/27/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. Y. if 1. Correct the U.E.to reflect 15' along south and west perimeter boundary as recorded on the previous plat. (P&Z Recommendation: "Applicant will request vacation of 5'of the platted 15' U.E.'9 2. Provide a minimum spacing of 100' between driveway centerlines. The driveways between Lots 3R2/3R3 and 3R4/3R5 do not appear to meet this requirement. The spacing provided is approximately 89' and 70',respectively. (P&Z Recommendation: "Delete this requirement.') 3. Although R.O.W.is not dedicated with a Concept Plan,the applicant should accommodate a minimum 60'R.O.W. dedication as required for non-residential development by subdivision ordinance. (P&Z Recommendation: "Allow 56'R.O.W. as shown. ") Other P&Z Recommendations: "To accept the applicant's commitments to provide the following: a. a 25'Fl bufferyard along the East; b. an 8'cedar, capped fence; c. either a pitched-roof or parapet-roof type building construction. * The applicant should be aware that any revisions made prior to City Council must be received at the: City by 6/9/97. All revised submittals must be folded 6" x 9" and include an 11"x 17" revised reduction. * 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. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city City of Southlake,Texas ordinances prior to submittal of the site plan. 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. • Height restrictions adjacent to residential property per§24.5a, Ordinance 480,as amended. • Masonry requirements per Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544. • Spill-over lighten,per§24.5 &24.9, 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. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Martin W. Schelling, Trustee Goodwin and Marshall,Inc. L:\WP-FILES\REV\97\97036CP3.WPD • • i : Sk L a aS f4 f i:. i ii o,�C • • Q140 id -4 '- 0 il . 11 1 lig°&41 Pill 1 :f: 1 Na: ?S fi' i '[S ! s ' r - i. diII 51 # S 2 < T II. ;it 1 . li CP .1:'11; !'Z.'S IV li ...i 711 Id f :tf_ fSS w Y s- a 2-4 2;: = Q Ur : ..E, .F 3 ci s�ci ni'' . iii 1 ma's .f a :5 w` >�1$ ` I sy x._ .;-s a` ie.:j a�. a:;It ' i1: i gs Q3 ti i. r3is._3!s -psi= i�: - iu _ i;: FQ P11 1 ° �� = = :..._ sifts sa re.. a � i aY�€Si - �. F i. •,fr'i ■ � 1 fs 1:i ' ii .: . al iii? -# woo =_gigs=•f"'1 1� .'- l:1:18 rim =:11;:1r QQ at f Y.i, it i i +rc,_ s iVari e{ . , 1 gEj 11 33423 ....01 11 z a:a Ls,:.. -- j, MN . a • A'Sid TC/ 144 II ill unw�oaf F. a. 7C i- 0 1 g: 1 .. T —yr5:-kr 3.a.=.. k . _- Y'i•ELZL'LH'L'L4•_1'1.3r.....•!."•.ai a: �� 1 1 L 1 1 I , x _ Q I 11 11 a� • : erpf .1..2_ -� .1 ;1 , - ?C, .am R 1. ,( I 1 • ,,,. .0 0 ,,..„. : �, - ( .N'YOt .ii.00..ON 4 C l i ,,, , ,1 , ,Roo( h N°i L. ae ;. • xx p 4 M s'�i t '� iC8R \---- —I• �� ' Iii r ez 1 .a, ; it -il I ( 1 f , .. 0.. )1 i:lili ''-6 1T a..rau.a a.... 1 ! - •} R R ,`'f, r1 .5 sip` ZN 1 R r 3 r 1 s 6..1 • City of Southlake,Texas STAFF REPORT May 30, 1997 CASE NO: ZA 97-037 PROJECT: Plat Revision -Miron Addition STAFF CONTACT: Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 3R1 - 3R7 and Lot 4R, Block 1, Miron Addition, being a revision of Lot 3 and Lot 4, Block 1, Miron Addition, as recorded in Cabinet A, Slide 1252, P.R.T.C.T., and being approximately 11.081 acres. LOCATION: East side of Miron Drive being approximately 440' south of the intersection of East Southlake Boulevard and Miron Drive. OWNERS: Martin W. Schelling,Trustee(Lots 3R1 - 3R6 and Lot 4R,Block 1)and City of Southlake (Lot 3R7, Block 1). APPLICANT: Martin W. Schelling, Trustee CURRENT ZONING: "B-1" Business Service Park District and "S-P-2" Generalized Site Plan (time District. LAND USE CATEGORY: Mixed Use CORRIDOR RECOMMENDATION: Office Commercial NO. NOTICES SENT: Four(4) RESPONSES: None P&Z ACTION: April 17, 1997;Approved(5-0)Applicant's request to table until the May 22, 1997 Planning& Zoning Commission meeting. May 22, 1997;Approved(7-0) subject to Plat Review Summary No. 2 dated May 16, 1997, with the following amendments: 1) modify requirement#3 (minimum 60' R.O.W. dedication is required for non-residential development)to allow 56' R.O.W.; 2) modify requirement #4 (change the easements along the south and most westerly line of the perimeter boundary)to reflect 10' U.E. and vacation of 5'. L t. City of Southlake,Texas STAFF COMMENTS: The applicant has met all items in Plat Review Summary No. 1 dated April 11, 1997 and Plat Review Summary No. 2 dated May 16, 1997, with the exception of those items in the attached Plat Review Summary No. 3 dated May 30, 1997. L:\WP-FILES\MEMO\97CASES\97-037PR.WPD 1. 2fit A 2C1 5 ...... 5:1 1-. ...P0-51 --- i • i . g 3 3A2) 3A1 PIIIIIINji 1,- ......1 . i .. A \ CITY LL SA 0 i . . V m!5r OrAal.2K (23 a] 2( \H Wall,.a1 " -- • • • • • ,,5A 00,,,ASI/tfil. --- ._-1-----1._-.- 1 mminnono7i ,C0.. . •.. ` i i 582C a g-P- i . ._i -AG ----- -- . .-z-,- 2A 5828 5B2A , . --, ; 1 .: 66 ------- ----0A-J 417111111111Ellailill ________________II8 ! (2 41==r4•411 ,..:-- NORTHWEST PKWY ..' i I i i ! • \./- l'. ' -.." . ! :........... 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Illic ' - ISM .-1 .1N. r` \\ 5.31 A4 ..- "rB -, t AA M v IA , HMG * TH .1818 48 TRACT MAP I,4'..4 -- IM e" ,ER 15 Ac ire BOA T G° (111 2 14 It4141,AG Z' .11 . .it 2K1 IK 30 Ac 5-ft1/4 P.R. 5 i • 2 USIA/), ti'' \..-- -l ,o14 23 . 4. . — --..—— - - - - - TR. 2,-- IA ,% I 1 17- E _ �(�)) � R. FADES �f� ro 1' .\„ © I I TR 2A SURVEY TR 53.497 AC '4"48 .Q -------1 B-------.185 ® ________ --— - - . 133 1A1, 2A S—P-2 7 % Ix .047 0 q . 5 o� 1.522 AC 6 • 15 1.00 AC M.SCHELLING, .1 1A Z a - ) 2.07 P. BRUTON Z % G. MIRON , COR • a 1ys 4A a B—� �.` -- i 1.741 0 ‘.., D. EWAN .. nil lA r- ..r. 1 `12.622 AC i imillimr. • 4C .0 • 2.0.8 • MI$V. 8 (my II ,624.5 1 i 2 ail, !\• .1 2.958 13 c 1 1, • 3CI • 1 3A 1 A IPPVI SCIO '.91 A hl •3SN . • . a M to • In n. Ili .1N . IN 17. Io. • 15 2 16 17 ; 18 19 • 20 • 21 ! 22 23 • . .11122 '2z ' lawma , 1 > jail1 LL14 24 0- II. t13 11. 11 ' WESTMONT CT Id Io. in •1 Ti ,V 1 . . tir 1.141 117 117 ,2Do au' me ± 4 • 111 Da ial. 33 .32 31 3 30 ' S29 28 27 - 26 - 25 A 34 �.�AT 'S w 'E ; ° ADJACENT OWNERS — .. . AND ZONING n 6 > 0 36 •- . ► R 37 • Mt SPIN #8 PATTIE MINDER 37 Ia. 1 1 �u� I I 131I 1 11•� 1)� /��q/' 1M ' ,Y 2 r City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 97-037 Review No: Three Date of Review: 5/30/97 Project Name: Plat Revision - Lots 3R1 thru 3R6 & Lot 4R. Block L Miron Additiow(Previously submitted as Lot$3Ri thru 3R7& Lot 4R,Block 1.Miron Addition).being 11.081 Acres situated in the John A. Freejna n Survey,Abstract No. 529 APPLICANT: SURVEYOR: Martin W. Schelling.Trustee Goodwin& Marshall. Inc. 601 W. Wall Street 6001 Bridge Street. Suite 100 Grapevine. Texas 76051 Ft. Worth.Texas 76112 Phone: (817)481-7751 Phone:(817)429-4373 Fax: (817)481-2597 Fax:(817)446-3116 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/27/97 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. A minimum 60' R.O.W. dedication is required for non-residential development by subdivision ordinance. Label the proposed portion of Miron Drive as "Right-of-Way" (i.e. 60' R.O.W.). P&Z recommendation: modify requirement to allow 56'ROW as shown. 2. Change the easements along the south and most westerly line of the perimeter boundary to a 15'U.E. as dedicated with the previous plat revision. P&Z recommendation:moth the requirement to reflect a 10'U.E. and vacation of 5'UE. 3. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 6/9/97. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements,off-site sewer extensions,and off-site grade-to-drain permission. * Although there are a few lot lines which are not perpendicular or radial,they appear to meet the intent of this requirement. * Denotes Informational Comment Cei cc: Martin W. Schelling, Trustee Goodwin and Marshall,Inc. 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Y t I _ `t ;=st T s p;i !ic<z i U —. � 1 I > Y YtµE.;:•s az2 trA.idifsi sill: V] (We/ 1._.1f i iI I f:•zs'3= rsrSi:js 3:•: all Y i a;t;Fs?f5tcii;_r!2 ais 1 J L City of Southlake,Texas MEMORANDUM May 28, 1997 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-Y, Personal Care Facilities Attached is the latest draft of Ordinance No.480-Y recommended for approval by the Planning and Zoning Commission with a(6-1)vote. The dissenting Commissioner, Lanny Tate, felt that the ordinance did not provided enough housing units per acre to make the project viable to the developer, especially at the cost of non-residential properties in Southlake today. History The Council declared a moratorium on personal care facilities ("assisted living facilities") on December 3, 1996 as a result of the Kingsley Place application. This case raised certain issues (e.g., adjacency to residential properties, traffic, parking, institutional appearance, density, and the appropriate method of approval(straight zoning or SUP). The Council directed Staff to prepare an ordinance revision addressing these concerns and to seek the Commission's recommendation. The Commission has struggled for four months with the appropriate district(s) in which to place these types of facilities. They have looked at permitting these facilities in all nonresidential districts with an SUP, have considered creating separate districts (e.g., Retirement Village and Personal Care Facilities), a. but have come full-circle and recommended limited nonresidential districts(i.e., C-1, C-2)with an SUP. Section 1 This ordinance adds four(4) new definitions. Note that the new definition of open space replaces the current definition [i.e., "an area included in any side,rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections or cornice eaves or porches"] and will be applicable to all references throughout the ordinance with the exception of the PUD district which defines "Common Open Space" in Section 30.10 specifically for that section as does the MF-2 district which defines "Usable Open Space" in Section 17.6 specifically for multi-family development. This ordinance also establishes a definition of impervious coverage. Section 2 This section indicates that personal care facilities may be permitted only by SUP and only with the following underlying zoning districts: C-1 and C-2 and with the criteria addressed in Section 3. Section 3 The Commission has attempted to balance the impact of this institutional use on adjacent residential properties while providing certain criteria that enhances the quality of life of the residents of these facilities. Note that the Maximum Density is twelve (12) housing units per acre with a required twenty Le, percent(20%)open space. This density mirrors the MF-2(multi-family)density currently in place in the ordinance. The parking requirement was reduced from"the greater of 1 space per each 3 beds or 1 space per individual dwelling(housing)unit"to 10 spaces(to accommodate staff)+ 1.5 spaces per each 3 beds. For a sixty-bed facility,the current ordinance requires 60 spaces and the proposed ordinance would require (C3g-1 40 spaces. The reduction is recommended because many of the residents of these facilities are not likely to have a vehicle on site because the average age of the residents is 86 years. Public Comments: Dick Johnston of the Senior Advisory Committee expressed the need for these types of facilities for the residents of Southlake and the surrounding communities. He also noted the need for retirement housing and convalescent facilities as well. He made several general comments about the ordinance that I said I would pass along to you. Under General Criteria, he did not understand why these facilities had to be contiguous to the roadways mentioned, but felt that these facilities could be located behind shopping centers or office complexes and thereby act as a transition from the more intensive use on the roadway. Under Lot Area, he felt that the five-acre minimum was excessive if the facility was a single-story structure, but could understand the larger lot requirement if it were two+ stories. Under Maximum Density,he stated that he appreciated the Commission's attention to quality of life issues, but would like to remind the Commission that the typical resident of these facilities probably wouldn't be taking advantage of all the open space,but would be happy with small gardens and benches close to the facility rather than open spaces and walking paths located at a greater distance from the facility. KPG (hire L.\CTYDOCS\ORD\DRAFT\ZONING\480Y-MEM.6 Lie ORDINANCE NO. 480-Y AN ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING CERTAIN DEFINITIONS; AMENDING THE SPECIFIC USE PERMITS SECTION BY ADDING PERSONAL CARE FACILITIES;ADDING CERTAIN REGULATIONS FOR PERSONAL CARE FACILITIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and (re WHEREAS,the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and ii WHEREAS,the city council has determined that it is appropriate and in the best interests of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has determined that for the protection of residents living in personal care facilities, the minimum standards shall be those standards set forth in the Health and Safety Code, Chapter 247 and administered by the Texas Department of Human Services; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY L., OF SOUTHLAKE,TEXAS: L:\CTYDOCS\ORD\DRAFI1ZONING\480Y-6.ORD 1 9 t;-3 SECTION 1. Section 4,"Definitions,"of Ordinance No. 480, as amended, is hereby amended by adding definitions for"Housing Unit,""Impervious Coverage," and"Personal Care Facility," by deleting the current definition of "Open Space"and by adding the new definition of"Open Space"thereto: Housing Unit-A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and shall contain separate bathroom facilities and may contain separate kitchen facilities. Impervious Coverage-the combined area occupied by all principal and accessory buildings, structures, and paved parking, sidewalks, and driveway areas. Open Space-an area of a lot either left in a natural state or receiving permeable vegetative landscape treatment(e.g., ponds and lakes, either natural or manmade, and water features, grass, shrubs, flowers,trees, ground cover, etc.). Personal Care Facility - an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the Le establishment; and provides personal care services; and in addition, provides minor treatment under the direction and supervision of the resident's attending physician licensed by the Texas State Board of Medical Examiners, or services which meet some need beyond basic provision of food, shelter, and laundry. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, transportation services, private or common kitchen/dining facilities, so long as such services are provided to residents only." SECTION 2. Section 45.1 (38),"Specific Use Permits"of Ordinance No.480,as amended, is hereby added to read as follows: "39. Personal care facilities,subject to the require- C-1,C-2 ments set forth in Section 45.9 of this ordinance. SECTION 3. Section 45.9, "SPECIFIC REQUIREMENTS FOR PERSONAL CARE FACILITIES," of Ordinance No. 480, as amended, is hereby added to read as follows: l.:\CTYDOCS\ORD\DRAFT\ZONING\480Y-6.ORD 2 General Criteria • All personal care facilities shall be situated contiguous to the following roadway classifications, as defined in the city's Master Thoroughfare Plan: freeway, principal arterial,arterial or collector. This requirement is designed to ensure that the supporting street infrastructure can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic through traditional residential streets. • Personal care facilities shall meet all applicable city codes. • Personal care facilities shall meet the licensing requirements of the Texas Department of Human Services. Required Amenities In an effort to maintain a comfortable lifestyle for the residents and for the convenience of the employees and the residents' guests,the following amenities shall be required: Cafeteria and/or dining room,housekeeping service;furnish or provide transportation to local facilities that provide a library, game room, and exercise room. Permitted Amenities In an effort to enhance the residents' quality of life,certain other special facilities and services for residents, employees and guests are encouraged(e.g.,chapel, swimming pool,Jacu7Ji,home theater, arts and crafts facilities, greenhouse, and related uses). Permitted Ancillary Uses The following ancillary uses shall be permitted by right to provide on-site goods and services for residents and their guests, but are not intended for use by the general public: • Snack bar with a maximum of 350 square feet per 100 dwelling units; • Beauty or barber shop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units for combined operations; • Convenience retail shop with a maximum of 350 square feet per 100 dwelling units to provide for the sale of food items, non-prescription drugs, small household items, and gifts. • Pharmacy for resident use only. • Medical treatment services for resident use only(e.g., physical therapy services, inhalation therapy, and other related uses). Concept Plan Requirements In addition to the requirements set forth in Section 41 of this ordinance,the applicant shall also provide: • A letter describing the facility's services,amenities,and ancillary uses(e.g.,level of daily patient care and housekeeping, recreational, and support services available),the type of proposed building(s), including the type of facade and the [,\CTYDOCS\ORD\DRAFT\ZONING\48OY-6.ORD 3 P (ire number of stories, and the proposed number of occupants and service personnel; • A floor plan and list of intended uses and the percentage of total floor area that each use will occupy. Development Regulations The following standards and regulations shall apply unless a more stringent standard is required by the underlying zoning district or the Corridor Overlay Zone(in which case,the more stringent regulation shall apply): • Height: No building or structure shall exceed one (1) story, nor shall it exceed thirty-five (35) feet in height if located within one hundred(100) feet of property zoned as single family residential or designated as low or medium density residential on the city's land use plan. Buildings and structures located more than 100' from property zoned as single family residential or designated as low or medium density residential on the city's land use plan shall be governed by the height regulations of the underlying zoning district. • Front Yard: There shall be a front yard of not less than thirty(30) feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city's land use plan, there shall be a front yard of not less than forty (40) feet. • Side Yard: There shall be a side yard of not less than thirty (30) feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city's land use plan, there shall be a side yard of not less than one hundred (100) feet. • Rear Yard: There shall be a rear yard of not less than forty (40) feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city's land use plan, there shall be a rear yard of not less than one hundred (100) feet. • Maximum All buildings or structures shall have a maximum lot coverage not Lot Coverage: exceeding fifty (50) percent of the lot area. • Lot Area: The minimum area of a lot shall be two hundred seventeen thousand eight hundred(217,800) square feet, being five acres. L:\CTYDOCS\ORD\DRAFT\ZONING\480Y-6.ORD 4 3 • Floor Area: Each housing unit shall have a minimum floor area based on the L unit type: • 350 s.f. for efficiency unit • 450 s.f. for one-bedroom unit • 550 s.f. for two-bedroom unit • Maximum The maximum number of housing units per acre shall be twelve (12) Density: provided at least twenty (20) percent of the lot area is devoted to open space. • Impervious The maximum impervious coverage shall not exceed seventy(70)percent Coverage: of the total lot area if(12) housing units are developed. • Bufferyards: Bufferyards shall be required in accordance with the underlying zoning district and corridor overlay zone bufferyard requirements. • Interior Interior landscaping shall be required in accordance with the current Landscaping landscaping ordinance and corridor overlay zone requirements. Area: • Parking: Ten(10) spaces plus 1.5 spaces per each 3 beds. (16..„ Licensing • Every Personal Care Facility shall be licensed by the Texas Department of Human Services as required by the Personal Care Facility Licensing Act, Section 247.021, Tex. Health and Safety Code, V.T.C.A. 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 L:\CTYDOCS\ORD\DRAFTZONING\480Y-6.ORD 5 • L., 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 Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations 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. L:\CTYDOCS\ORD\DRAFT\ZONING\480Yb.ORD 6 (10., The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final 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. L PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR L:\CTYDOCS\ORD\DRAFT\ZONING\48OY-6.ORD 7 p1�-q ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L L L:\CTYDOCS\ORD\DRAF[VONING\480Y-6 ORD ^^8 City of South lake,Texas MEMORANDUM May 28, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Subdivision Ordinance No. 483-G, Draft Two Dated May 28, 1997 Attached you will find the changes recommended by staff with concurrence by the Planning and Zoning Commission regarding miscellaneous revisions needed in the subdivision ordinance. We had originally processed these changes with the park dedication changes, but broke it up into two separate ordinances when there was a need to move quicker on the park dedication issues. You will note that the "meat" of the ordinance is not yet in ordinance format. We felt it would be easier for you to track the changes recommended in the format as shown. Prior to second reading, all individual items will be referenced in ordinance format,basically deleting the section referenced and adopting the new section as written. The main points of the revisions could be summarized as follows: 1. Change references throughout from "Zoning Administrator"to the generic"City". 2. Change references impacted by the recently adopted Thoroughfare Plan. 3. Change preliminary water, sewer,and drainage plan requirements to allow the City Engineer to maintain a list of requirements and to waive the requirements where it does not provide a benefit to the city. 4. Change the"Amended Plat"qualifications and review processes to align with the state law provisions which were adopted a couple years ago. This allows for more staff review of items where there are no new roads, no increase in the number of lots, etc. Feel free to contact me, Dennis Killough, or Chris Carpenter if you have any questions. GL/gl (kir, L:\CTYDOCS\ORD\DRAFT\SUBDIV\483 G\DRAFr2. May28, 1997(3:24 p.m.) Page 1 of 19 _ g City of Southlake,Texas ORDINANCE NO. 483-G AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE; AMENDING CERTAIN DEFINITIONS; ADDING CERTAIN PROCEDURES FOR PROCESSING AMENDED PLATS; PROVIDING FOR ADMINISTRATIVE CHANGES; PROVIDING RIGHT-OF-WAY REQUIREMENTS THAT CONFORM TO THE CURRENTLY ADOPTED MASTER THOROUGHFARE PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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, the City has adopted Ordinance No. 483 as the Subdivision Ordinance for the City; and WHEREAS, certain changes in State law have been enacted since the adoption of Ordinance No. 483-F; and WHEREAS, the Planning and Zoning Commission has conducted a public hearing regarding the proposed revisions and has recommended adoption of the same; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to amend Ordinance No. 483 as provided herein; and WHEREAS, the City Council has held public hearings with respect to the amendment of the Subdivision Ordinance as required by law; L, L:\CTYDOCS\ORD\DRAFr\SUBDN\483 G\DRAFf2. May 28, 1997(3:24 p.m.) Page 2 of 19 City of Southlake,Texas NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: L:\CTYDOCS\ORD\DRAF \SUBDIV\483 G\DRAFI'2. May 28, 1997(3:24 p.m.) Page 3 of 19 City of Southlake,Texas Page Section Item 1-3 Def Add definition for Common Area C OM etN A EA. , of o e dkmaintaine by the Hom AsSttdttn 1-5 Def Modify amended plat definition to read as defined by LGC Section 212 PLAT,AMENDED: A plat wht, tst a pre 404.—X s and equirem ,t�s s forth „ectio a ea a nnien de 2-1 2.01.B.4 Change to allow amended plats (or delete section) Any resubdivision of existing platted lots shall require the submittal and approval of a Plat Revision e ended Plattas uthorizedhb .t.statee :aw. 3-1 3.O1.A Add "Adequate submittal"(Look at combining section 3.O1.A with E-GL) Application: All Plats to be considered for approval under this ordinance shall be submitted to the City along with a completed application and fees and must be in accordance with all ordinance requirements. No plat shall be formally accepted for review by the City until it fulfills all of the requirements of this Article ordinance. Any plat of P*ting4these4requite rents4shalt bezdeemed gft sub"" o rqu"itnts .'eet ' Any plat submitted after a deadline for submittal will be acted upon as if 3-1 3.O1.B Delete ZA reference Reproductions: Requirements for blueprints and mylars for all submittals shall be maintained by the Git . It shall be the responsibility of the applicant to verify the number of prints and mylars required for all submittals. Prints should be folded in a manner such that the title block and location map shall be easily read from the outside and have folded dimensions as required by the VI . (See appendix for "preferred" title block format) 3-1 3.01.E Delete ZA reference and other sentences (lime L:\CTYDOCS\ORD\DRAFT\SUBDN\483 G\DRAFT2. May 28, 1997(3:24 p.m.) Page 4 of 19 City of Southlake,Texas Time of Filing. The City= will establish a timetable for the filing of plats and other applications under this ordinance. The timetable will allow sufficient time in order to comply with necessary notice requirements and reasonable staff review of any plat or application. No plat or other application shall be officially accepted for filing except on a scheduled filing deadline. , A plat will not be accepted for filing unless all required drawings,exhibits,studies or other required documentation has been submitted. A partial filing shall not be considered a filing of record activating the thirty(30) day review period. 3-2 3.02.D.7 Delete approval block 3-5 3.02.D.34.a Reference a more general checklist and add City Engineer waiver. 34. Additional plan3 required: a. Preliminary Drainage Study: Shall include all requirements 1. Shall be drawn over a mylar or reproducible copy of the Preliminary Plat. 2. Provide the name, address, and phone number of the 3. Provide the signature and seal of the person preparing the-stud 4. Contours in conformance with the following: -Slope less than 2% : 2' vertical intervals -Slope 2%to 15% : 5' vertical intervals -Slope greater than 15% : 10'vertical intervals *Damon should be approved by the City Engineer. L:\CTYDOCS\ORD\DRAFF\SUBDIV\483 G\DRAFr2. May 28, 1997(3:24 p.m.) Page 5 of 19 City of Southlake,Texas 5. Label-all-existing and proposcd drainagc structures, i.c., dams, spillways, flumes, eulvcrts, and notc size and type, i.c. earth, concrete, riprap, metal, RCP, VCP, etc. 6. Flow lines of all drainagc and water courses, i.c. str- eams, crccks, swalcs, ctc. 7. Delineation of on-sitc and contiguous off-3itc drainagc areas including ac rcagcs thereof. This should not be smaller than 1" —2,000'. 8. Sufficient design calculations to determine casement a. Preliminary=Drainage Stuudy,: pre ary_drainage.study shall b submitted .with any.'plat r ren d i . %seetio i ! s§4,tud . hall include all i formation deer necessary,by thecity I ngineer to adequately protect nd pre public health, . sand lfare of the4app cant and-kann p ed b; 5 WW1' Eng neer'shalt have>theiability (Alv e i n ' drauiag study and ve 11 o r ri of th e vher 6f his , puuonthe bene y the ubm i � G � � �.... -� � these:,plans is not in=the best teres i f the public 3-5 3.02.34.b Reference more general checklist and add City Engineer waiver Preliminary Water and Scwcr Layout: Shall include: 1. Existing and proposcd water lines with sizes shown. 2. Existing and proposed sewer lints with sizes shown. *These may be shown on Preliminary Plat, drainage study, or separately sewertilityplanshallb sectio T 1 l `1 s`� o lat a s e ® 'd1 3 ',,', Vi t{. ngitl . 0" ° ' . ir kr ub l# safety d uelfareof he pp ,.,a t1 yip.opefr, . .,, t. :bWe L:\CTYDOCS\ORD\DRAFr\SUBDN\483_G\DRAFr2. May 28, 1997(3:24 p.m.) Page 6 of 19 $f UJ City of Southlake,Texas prapos l ' ie*PROO 4#19 1,,A AVAPY u4 411q eer kithiVit T whex ° tM r 4ra9 � s-_ ,:�e:.ro�•� ,_ ti� ,...r�, wm,-TM� kC c3 �AI�' 4 3-5 3.02.D.34.c Add new section requiring submittal of Traffic Impact Analysis s =u2:G -zd.' j����jf � sb3 Rai T"A �An.Pb (��pg Development air th' e Ares+ W nap Ve= re4uireineri .a - r 6•� mittai x' pc , ' t n���. . � ie ` �. uri. t`": Cr. .. •kl �u.w_, f. c ,, _, impactAhreshold este list the ve ay orduianc amei:ded will not be reached with$thatbmittal 3-7 3.03.D.17 Require that two boundary corners geo-referenced by state plane coordinates in accordance to Sec. 8.03(B). One Two boundary corners geo-referenced by state plane coordinates in accordance with Section 8.03(B). 3-8 3.03.D.25 Requiring lots, blocks, and common areas be numbered in consecutive order. Lots and blocks labeled with numbers in consecutive order which-.shall inoludecomino eas;if-an 3-8 3.03.D.31 Modify required acknowledgments to include subservient lienholders. Change "forms on file with City Secretary". Note that Commissioner Wright has asked us to look at alternatives where the lienholder does not actually have to sign on the face of the plat. We are pursuing alternatives at this time and will be prepared to discuss at the meeting. Reproducible acknowledgments,owner's 8 ienholder s dedication tdAillchide' ratification by allienholders xpteSOn a alltded ttcarortp-eialiortar of liens aand,:eit,inbrances, endorsements and surveyor's certifications in accordance with the formats �nith pp�endi filc in the City Sccrctary's officc. (see appendix) 3-9 3.03.D.39.a Add ability of City Engineer to waive preliminary water, sewer and drainage plans. a. Complete and corrected preliminary water and sewer layout. This may be combined with the drainage study and should show all intended DN\483 \DRAFC2. May28, 1997(3:24 p.m.) Page 7 of 19 L:\CTYDOCS\ORD\DRAFr\SUB G g City of Southlake,Texas easements. ',The,-!CityiEngintehattihayrthe4tbilityAdleValuatelthe need for plans teferen ve' e q -r innhisll er`opituon tl fi 13 i tat ` 4 these laps is not bes h b e 3-9 3.03.D.39.b Change requirements to more general list and add City Engineer's ability to waive requirements. Drainage Ordinance of the City including but not limited to the follow 1. Shall be drawn over a mylar or reproducible copy of the Preliminary 2. Provide the name,address,and phone number of the Engineer preparing the study. 3. Provide the signature and seal of the Engineer preparing the study. 4. Label the location and elevation of the topographic 5. Contours in conformance with the following: -Slope less than 2% : 2' vertical intervals -Slope 2%to 15% : 5' vertical intervals -Slope greater than 15% : ,10' vertical intervals 6. Label all-existing and proposed drainage structures i.c.,dams, type, i.c. earth, concrete, riprap, metal, RCP, VCP, etc. 7. Flow lines of all drainage and water courses, i.c. streams, creeks, swalcs, etc. 8. Delineation of on site and contiguous off-site drainage areas subdivision. Scale should not be smaller than 1" -2,000'. 9. Sufficient design calculations showing final casement sizes Pa e8of19 L:\CTYDOCS\ORD\DRAFr\SUBDN\483 G\DRAFCL. May 28, 1997(3:24 p.m.) g City of Southlake,Texas (iie 10. Some drainage areas may require the applieant to generate computer evaluation models (i.e. +EC I, HEC H, etc.) as Drainage Study Review Fee" as outlined in the eurrcnt Fee b. FinalwDrainage§ tudy Tatidrainage.Astudrshallibe,snbMitteilwkth anyxplat:4referen .c ®.t ° ttion,. This tudy hall ;includ .a infortnation dee _' e @ y th ty Eng eer toe te protectfand prev health,fsa ety aud Awel o .0 applicant�and rop � eapf al °' . e , s Engineeirshall _ , �N , .e aluate th e, d e r t drainage ttfdy anti ?� l o t o , `e req emettsh his/hertopuuan kg, .enefr v u". y the submiittalj and, ew of these plans:is'not in the,best i erestkofthe:=public. 3-10 3.03.D.40.g Delete 4. brOi 3-12 3.05.A.3 Add new section in accordance with provisions of state law(212.016.a.11) 3 -Replat one.oar snore lots fron on an.existing street.if: a. The oners off: 'ose l tsxij in ,rn applicationfor amending=thes°plat b. TheThdf;aMeiltdment, 'esit of .attempt to removerre corded covenants or restrict ons c The ame%dment d rxot rr>crease the.number of lots and d. The amendment d `f ocreateaor requirethecree tron o a new ,F ®rim- ! c the extension a ipal facilities3 3-12 3.06.B Change "shall"to "may"on revised preliminary plat Prior to City approval of a plat revision involving four (4) or more lots, a revised Preliminary Plat may*shall be ruined :', "ty approved. In addition,a final drainage study may be required at the discretion (I., DIV\483 G\DRAFr2. May28, 1997(3:24 p.m.) Page 9 of 19 L:\CTYDOCS\ORD\DRAFT\SUB S -q City of Southlake,Texas of the Director of Public Works. 1. The City Manager or his designated representative may waive the requirement for a revised Preliminary Plat when the Plat Revision is without significant change of street location, and without substantial effect on City services, drainage or adjacent properties. 2. A revised Preliminary Plat tnl include all the area within the limits of the original Preliminary Plat except those areas which have unexpired Final Plat approval from the City unless this requirement is specifically waived by the City. 3-13 3.07.0 Delete ZA Easement Abandonment: The following procedures are to be used for the abandonment of easements in the City. The Department of Public Works shall maintain the forms and procedures for the abandonment of easements. (see Appendix) In both cases outlined below it will be the responsibility of the applicant to obtain original signatures from the utility company representatives on the mylar to be filed at the county prior to the City obtaining the signatures of approval from the City representative. A processing fee entitled "Easement Abandonment" shall be set by Council in the Schedule of Fees. This fee shall be paid upon submittal of the application and shall not be refunded under any circumstances. 3-14 3.07.C.1 Final plat not appropriate (with P&Z approval) During platting: If the property is being platted then the required abandonment statement and signature block should be shown on the face of the Films PlattRevision. The easement to be abandoned shall be shown in faint lines on the plat and clearly marked "to be abandoned with this plat". 3-14 3.07.F New MTP references Public Landscape Easements: A public landscape easement typically ten feet (10') in width may be dedicated adjacent to public ROW for S.H. 114, F.M. 1709, F.M. 1938, and all streets designated as arterial o �` level thoroughfares as sh� ;o` 6 orough e a (i.c. ROWS of This easement shall typically be used to facilitate coordinated tree and/or landscape plantings along the City's thoroughfares or for the purpose of planting replacement trees due to necessary removal of established trees for road expansion or other public improvements within (111/ L:\CTYDOCS\ORD\DRAFr\SUBDW\483 G\DRAFT2. May 28. 1997(3:24 p.m.) Page 10 of 19 g�'ro City of Southlake,Texas existing ROW. This is not a required easement and cannot be required by the City as a part of a Developer's Agreement or by any other means. It is intended that the Public Landscape Easement shall overlap any required bufferyard and further that provisions of a Public Landscape Easement shall have no bearing on the planting requirements of the bufferyard. (As amended by Ord. No. 483-C.) 4-1 4.01.A.1+2 Make necessary changes to accommodate changes in state law pertaining to Amended Plats A. Authority for Approval: 1. City Staff: The City Manager, upon receiving a recommendation for approval from the appropriate City Staff, the City Engineer, and City Attorney, is hereby granted authority to approve all single-lot Plat Showings, and Amended Plats ' asle1l herein. An applicant who is dissatisfied with the decision of the City Manager, may request that the plat be referred to the Commission for decision. The decision of the Commission is final. (As amended by Ord. No. 483-B) 2. Planning and Zoning Commission: The Planning and Zoning Commission shall review and recommend approval or disapproval on all Preliminary Plats,Plat Revisions,and multiple-lot Plat Showings for final approval by Council. The Commission shall have final approval on all Final Plats. (As amended by Ord. No. 483-B) 4-2 4.01.D.2 . . . or P&Z also has final approval The stipulations of the Plat Review are hereby made conditions of plat approval unless specifically amended by the City Council, or.bey tanning and Zomng Commission in those eases where theit approvalu is,fin it 4-2 4.01.E.1 2nd paragraph -delete fee reference Construction Plans/Specs.: Construction plans, specifications and related documents shall not be required as a prerequisite to the approval and filing of a Plat. However, some portion of the construction documents may have to be prepared by the Applicant and submitted for review and approval prior to filing of the Plat should the Plat be potentially impacted by a construction related issue. (ow- L:\CTYDOCS\ORD\DRAFF\SUBDIV\483_G\DRAFr2. May 28, 1997(3:24 p.m.) Page 11 of 19 s --(1 City of Southlake,Texas Approval of construction plans will be a prerequisite to the initiation of any construction. Plan preparation, submittal and review are outlined in related ordinances of the City. " o ;+ i b. e viewo `con ' pla =s pst0. ed to 4-3 4.01.H.1 ZA reference Original Signatures on Mylar: All plats intended to be filed by the City in the County Plat Records must be signed and notarized as described in the "Procedure for Recording of Plats" available from the City Zoning administrator:(see Appendix) There are different procedures for Tarrant and Denton Counties. A common requirement is that all revisions to the plat shall be made prior to running the black-line mylars which are to be signed by the owner, notary, surveyor, and City representatives. The mylars and prints required by the Counties shall not be accepted for filing by the City if there is any other original ink,other than signatures and seals,appearing on the plat. The City will then obtain signatures of the appropriate City representatives. 4-5 4.03.A Change the reference to Zoning Administrator The Final Plat will be accepted for review, plat review comments generated and a copy of this review given to the applicant. The Final Plat accompanied by the Plat Review comments shall then be sent to the Commission for final action. Upon approval by the Commission, the City will obtain the signature of the Commission Chairman and Secretary and file the plat in accordance with this ordinance. (As amended by Ord. No. 483- BC) 4-5 4.04.B Change the reference to Zoning Administrator Multiple-Lot Plat Showings: All multiple-lot Plat Showings will be accepted for review, plat review comments generated and a copy of this review given to the applicant. The Plat Showing accompanied by the plat review comments shall then be sent to the Commission for recommendation and the Council for final action. Upon approval by Council,the Cif will obtain the signature of the Commission Chairman and Secretary, and Mayor and City Secretary and file the plat in accordance with this ordinance. (As amended by Ord.No. 483-13 ) Li+ L:\CTYDOCS\ORD\DRAFr\SUBDW\483 G\DRAFr2. May 28, 1997(3:24 p.m.) Page 12 of 19 City of Southlake,Texas 4-5 4.05.A Delete section in entirety and rename section 4.05.0 to 4.05.B 4-6 4.05.B Change the reference to Zoning Administrator Amended Plats with five or more lots: All Amended Plats with five or more lots will be accepted for review, plat review comments generated and a copy of this review given to the applicant. The Amended Plat accompanied by the plat review comments shall then be sent to the Commission for final action. Upon approval by the Commission,the City will obtain the signature of the Commission Chairman and Secretary and file the plat in accordance with this ordinance. (As amended by Ord. No. 483-$G) 4-6 4.06.A Change the reference to Zoning Administrator All Plat Revisions (Replats) will be accepted for review, plat review comments generated and a copy of this review given to the applicant. A public hearing shall be scheduled and due notification given for the hearing to be held by the Planning and Zoning Commission. City staff will provide notification as required for replats under Chapter 212 of the Local Government Code. The Plat Revision accompanied by the plat review comments shall then be sent to the Commission for recommendation and then to City Council for final action. Upon approval by the Council, the CwF will obtain the signature of the Mayor and City Secretary and file the plat in accordance with this ordinance. (As amended by Ord. No. 483-14 G) 5-2 5 Modem Sec. 5.02, A. to conform with R.O.W. widths approved in MTP update Section 5.02 Right-Of-Way Requirements: A. Street right-of-way dedications shall be as shown in the Thoroughfare Plan and,where not shown therein, shall be not less than the following: (As amended by Ord. No. 483-D 48 G) (10/ L:\CTYDOCS\ORD\DRAFr\SUBDIV\483_G\DRAFT2. May 28, 1997(3:24 p.m.) Page 13 Of 19 City of Southlake,Texas STREET TYPE ROW WIDTH State/County varies (100'-500') 11 a `S-il4W i de4(A61 124'' Arterial - Five lane undivided(A5U) 84';88' Arterial - Four lane divided(A4D) 90'19:41 Arterial - Four lane undivided(A4U) 70 ,Arteriak a It n liV fled(A U) 84` Collector- Two lane undivided(C2U) 60' Local Street(non-residential) 60' Local Street(residential) 50' 5-3 5 Modify Sec. 5.03, F., 1. and 2., and 5.03, G., 2. and 3. to conform with R.O.W. approved in MTP update F. Horizontal Alignment: (As amended by Ord. No. 483-D 483 -G) 1. Centerline Radius: The following centerline radii shall be the minimum allowed in the design of all street construction: STREET TYPE MINIMUM RADIUS A ,,,,,, -.1. fr lane Y1,40 'C 6D) 1400' Arterial - Five lane undivided(A5U) 1000' Arterial - Four lane divided (A4D) 1000' Arterial - Four lane undivided (A4U) 600' Aerial --41#$ r1e 04tY 014 `t 500' Collector- Two lane undivided (C2U) 400' Local Street(residential & non-residential) As approved by City Engineer 2. Common Tangents: Reverse Circular Curves having a common tangent L. L:\CTYDOCS\ORD\DRAFr\SUBDIV\483_G\DRAFr2. May 28, 1997(3:24 p.m.) Page 14 of 19 City of Southlake,Texas shall be separated by a tangent section in accordance with the following table: STREET TYPE MINIMUM TANGENT BETWEEN CURVES Arterial1::Rx Zane viol ilhtMM 300' Arterial - Five lane undivided(A5U) 200' Arterial - Four lane divided(A4D) 200' Arterial - Four lane undivided(A4U) 100' Arterial-ThreeJane undivided0(A3 ) 75' Collector- Two lane undivided(C2U) 50' Local Street(residential & non-residential) As approved by City Engineer G. Vertical Alignment: (As amended by Ord. No. 483-D 483-G) 1. Minimum Grades: No streets shall be designed or constructed to a grade less than 0.5 of one percent (1%) unless by prior approval of City's Engineer. 2. Maximum Grades: No streets shall be designed or constructed with grades in excess of the following: STREET TYPE MAXIMUM GRADE Arte 41-Six l:00i rtd 1*6D) 4 0% Arterial - Five lane undivided & four lane 6.0% divided (A5U & A4D) Arterial - Four lane undivided(A4U) 8.0% Arterial- Three lane and edWU) 9 0% Collector- Two lane undivided(C2U) 10.0% Local Street(residential &non-residential) As approved by City Engineer 3. Vertical Curve Lengths: In order to maintain adequate sight distance, the following minimum lengths of vertical curves shall be required: (1..„ L:\CTYDOCS\ORD\DRAF \SUBDIV\483 G\DRAFr2. May 28, 1997(3:24 p.m.) Page 15 of 19 City of South lake,Texas STREET TYPE MAXIMUM GRADE Artenal S ane divided(A6D) 50 feet for each,algebraic percent diffefertarMtg,ffde Arterial - Five lane undivided(A5U) and 50 feet for each algebraic four lane divided (A4D) percent difference in grade Arterial - Four lane undivided (A4U) 50 feet for each algebraic percent difference in grade Arterial Three lane undivided,(A3U) 50 feet for each alg brraic percent:difference,p r e Collector - Two lane undivided(C2U) 50 feet for each algebraic percent difference in grade Local Street(residential &non-residential) As approved by City Engineer 8-1 8.01.0 Add "Collector" to arterial for backing with no access. Double fronted residential lots shall not be allowed. However, lots which are backed up to an arterial street shall be allowed when there is no access allowed from these lots to the arterial street. Access may also be:limited to collector streets*for:lots which:have3doublfront'age APPENDICES Insert appendix which addresses subservient lienholders dedication and notary 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. L:\CTYDOCS\ORD\DRAFT\SUBDIV\483_G\DRAFI2. May 28, 1997(3:24 p.m.) Page 16 of 19 (g Ib City of Southlake,Texas SECTION ? 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 ? It is 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 ? The City Secretary of the City of Southlake is 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 ? The City Secretary of the City of Southlake is authorized to publish this (161.0- L:\CTYDOCS\ORD\DRAFr\SUBDN\483_G\DRAF11.. May 28, 1997(3:24 p.m.) Page 17 of 19 City of Southlake,Texas 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 ? 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. (kir L:\CTYDOCS\ORD\DItAFI\SUBDIV\483_G\DRAFrz. May 28, 1997(3:24 p.m.) Page 18 of 19 City of Southlake,Texas PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: L:\CTYDOCS\ORD\DRAFr\SUBDN\483_G\DRAFr2. May 28, 1997(3:24 p.m.) Page 19 of 19 City of Southlake,Texas • STAFF REPORT May 30, 1997 CASE NO: ZA 96-132 PROJECT: First Reading/Ordinance No. 480-222 Rezoning & Concept Plan Timarron Commercial,Tract III STAFF CONTACT: Karen Gandy,Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner 1, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change and Concept Plan on property described as approximately 200.822 acres situated in the Richard Eads Survey, Abstract No. 481,being Tracts 1, 1A1, 1 E,2, 2A,2B, 2B 1 A, and 2C 1, and in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 2A, 2B, 2B 1, 3, 3 A, 3 C, 5, 5 C, and 5 D. LOCATION: North of State Highway No. 1 14, east of North Carroll Ave., south of East Highland St., and west of North Kimball Ave. OWNER/APPLICANT: Timarron Land Corporation CURRENT ZONING: "AG" Agricultural District and "C-2" Local Retail Commercial District REQUESTED ZONING: (ORIGINAL REQUEST): "NR-PUD" Non-Residential Planned Unit Development for a Mixed Use Business Park to include the following uses: "CS" Community Service District, "0-1 " Office District, "0-2" Office District, "C-1" Neighborhood Commercial District, "C-2" Local Retail Commercial District, "C-3" General Commercial District, "C-4" Arterial Mall Commercial District, "B-1" Business Service Park District, "B-2" Commercial Manufacturing District, "I-I "Light Industrial District, "I2" Heavy Industrial District, "HC" Hotel District and ancillary residential uses(not exceeding 20.08 acres)from the "RE" Residential Estate District, "SF-IA" Single Family District, "SF-30" Single Family District, and "MF-2" Multiple Family Residential District. AMENDED REQUEST: Same as above, but deleting "C-4" Arterial Mall Commercial District, "I-I" Light Industrial District,and"I-2" Heavy Industrial District and amending the residential zoning category to exclude MF-2 and adding "SF-20" Single Family Residential (see attached letter). L LAND USE CATEGORY: Mixed Use(may mainclude residential, office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Office Commercial(Same as in CS,0-1,0-2,B-1,HC,MF-1,and MF-2 districts) NO. NOTICES SENT: Forty-one(41) RESPONSES: (ORIGINAL REQUEST) Ten (10) written responses were received from within the 200' notification area: • Michael A. Quinn, P.O. Box 92575, Southlake, opposed. • John T. Knight, 650 Cherry Ct., Southlake, Texas 76092, undecided. "This being such a broad request, I am not sure how it will affect the value of my property or the quality of life in my neighborhood." • Steven E. and Katherine J. Cook 1981 E Highland, Southlake, Texas 76092, opposed. See attached letter received Oct. 8, 1996, addressing protecting residential areas in Southlake, (kw residential property values, increased traffic, resident protection, and keeping East Highland residential. • Robert P. Steele, 959 N. Carroll Ave., Southlake, Texas 76092, in favor. • Hazel JMiller, 5213 McQuade St., Fort Worth, Texas 76117, in favor. • Jerry and Jacky Lawrence, 1901 E Highland, Southlake, Texas 76092, opposed. See attached letter dated Oct. 10, 1996, addressing noise, water and air pollution, traffic on Highland, and problems associated with a possible sports stadium on Highway II 4. • D/FW-Carroll Road Ltd, etal, PO Box 700876, San Antonio, Texas 78270-0876, in favor. "It's been a long, long wait for Southlake region investors!" • Maria P. Cameron, 1776 E Highland St., Southlake, Texas 76092, opposed. See attached letter dated Oct. 11, 1996, addressing the right-of-way on Highland Street and Carroll ISD. • Martin Rester, 600 Cherry Lane, Southlake, Texas, opposed. "I do not want to give permission for unlimited zoning next to a residential area." • Harold Knight, 1 749 E. Highland St, Southlake, in favor. "I am in favor of the request 'with the attached changes.' With � r - (1111610, these changes,I support their request." (Please note that Mr. Knight has included a marked-up copy of a Zoning District Summary sheet immediately following his hand-written letter.) Three (3) responses were received outside the 200' notification area: • James and Cecile Gardner, 1213 Ashmoore Ct., Southlake, opposed. " ... we want to present to you, our desire for this tract to maintain it's current zoning until, which time, Timarron is prepared to come to the city with a legitimate and specific Development Plan." See attached letter. • David Edelen, 1203 Ashmore Ct., Southlake, opposed. "With the broad range of categories and the limitless number of"permitted uses" under the categories,and with also a possibility of a land sale to a third party with no partnering with Timarron,the residents have no protection under the PUD that a satisfactory development will take place." See attached letter. • Margaret C. Burnette, 1002 Quail Run Road, Southlake, in favor. "Quality commercial development with well landscaped open space is what Southlake should strive (11160.' for." See attached letter. Two(2)identical responses were received at Planning and Zoning work session on December 12, 1996. ". . . the application as it presently stands is unacceptable to us in many respects, and it must be modified to make it more compatible with residential living in order to obtain our acquiescence." See attached letter. • Debbie and Roy Gutherie, 2412 Emerald Circle, Southlake. • Don and Janet Rose, 1209 Ashmore Court, Southlake. See letter for additional comments. RESPONSES: (AMENDED REQUEST) Seven(7)responses were received within the 200'notification area: • Hazel Miller, 5213 McQuade St., Fort Worth, Texas 76117, undecided. • Michael A. Quinn, P.O. Box 92575, Southlake, opposed. • Ann Hardin, 1991 E. Highland St., Southlake, opposed. • Robert Steele, 959 N. Carroll Ave., Southlake, in favor. • Marie Eubanks, 1371 E. Highland St., Southlake, opposed. "The property is too close to my house where we live. Too (we much noise. I would object to the traffic on Highland." Lior • Harold Knight, 1 749 E. Highland St, Southlake, opposed. Because it includes manufacturing,repair, services,taverns, clubs,and used merchandise sales and other uses that I do not want located next to my property; however I would be in favor of the request if it was modified to eliminate those uses that I have marked through on the attached Summary of Zoning District Symbol and Permitted Uses." See attached list. • Steven E. and Katherine J. Cook 1981 E Highland, Southlake, Texas 76092, opposed. Residents states CS, 0-1, and 0-2 uses that they would like omitted. See attached letter. Seven (7) responses were received outside the 200' notification area: • Dan and Carla Hemyari, 550 Cherry Lane, P.O. Box 92605, Southlake,opposed. Resident states concerns with property values, traffic, uses in section C, drainage, and an increase in crime. See attached letter. • B. Dennis King, 205 Manor Place, Southlake, opposed. Resident states that, ". . . PUD's were never intended to be a substitute for good land use planning." Resident also states that ". . . Westwood should speak specifically to its plans for the property . . ." See attached letter. • Gerald Hodges, 1210 Ashmore Court, Southlake, opposed. One petition was received from Grapevine residents with sixteen (16) signatures, all opposed. See attached copy of petition. Gerald and Karen Hodges, 1210 Ashmore Court, Southlake, opposed. Resident asks that they be advised on the following issues: street access and egress,the DFW Airport noise cone and height restrictions, the comprehensive Park and Greenspace Plan, as well as the tree ordinance. See attached letter. • Chris White, 1216 Whispering Lane, Southlake, opposed. "No "blanket" zoning without specific purchase or user, no entrance on Carroll/Highland." • Christopher McGuire, 2089 North Carroll Avenue, Southlake, opposed. Resident states concerns with the "timing" of meetings and notification of impending meetings. See attached letter. • Letter received from North Carroll Avenue Homeowners. Letter states concerns with safety, diminished quality of life, loss of property values,negative environmental impact,waste core water disposal, groundwater runoff, and flash floods. See attached letter. • Michael Howe, 2612 Parker Court, Southlake, opposed. Resident states concerns with safety and traffic. See attached letter. Two(2)identical responses were received. Letter states concerns with quality of life, location, image, flood control, drainage, police and fire protection. See attached letter. • Gary S. Krall, 204 Sheffield Court, Southlake, Texas. • Paul Hendricks, 200 Sheffield Court, Southlake, Texas. P&Z ACTION: October 17, 1996;Approved(5-0)applicant's request to table until the November 7,1996 Planning& Zoning Commission meeting and to continue the public hearing. November 7, 1996; Approved (5-0) applicant's request to table until the January 9, 1997 Planning & Zoning Commission meeting and to continue the public hearing. January 9, 1997; Approved (5-0-1) to continue public hearing until the January 16, 1997 Planning & Zoning Commission meeting. January 16, 1997;Approved(5-0-1)to table until the January 23, 1997 Planning & Zoning Commission meeting and to continue public hearing. January 23, 1997; Approved (5-0-1) to continue public hearing until the January 30, 1997 Planning & Zoning Commission meeting. January 30, 1997; Approved (5-0)to table until the February 6, 1997 Planning & Zoning Commission meeting and to continue public hearing. February 6, 1997; Approved (6-0-1) to continue public hearing until the February 13, 1997 Planning & Zoning Commission meeting. February 13, 1997; Approved (5-1) subject to Concept Plan Review Summary No. 1 dated October 11, 1996, with the following amendments: (re • no impervious coverage in the flood plain with the exception of trails; (1■•• • 50' bufferyard on the north property line of Tract IIID; • 4:1 slope from Timarron's property line versus the residential property line; • any "HC" Hotel District uses in Tract IIIC will be located at least 400' from the north property line; • Applicant will comply with the Landscape Ordinance,and for every story from two (2)to four(4), they will add 1% of the lot area to the required landscaped area, and for every story from five(5)to six(6),they will add 2%of the lot area to the required landscaped area; • "CS" Community Service uses will be added to "B-1" Business Service Park and"0-1" Office uses in the additional notes for "crash-gate" access to Tract IIIA; • the following "C-2" Local Retail Commercial uses would be permitted by Specific Use Permit only: duplicating service, printing, lithographing,mimeographing, multi-graphing and offset printing; • "C-3" General Commercial uses would be limited to 20%of the gross acreage in Tract IIIB; • "C-1" Neighborhood Commercial and "C-2" Local Retail Commercial uses would be limited to 50% of the gross (lime acreage in Tract IIIB and in Tract IIIC STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary No. 1 dated October 11, 1996, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2 dated May 30, 1997. Please find the attached submittal dated May 27, 1997. The pages numbered "DR" will be incorporated into the final ordinance. L:\WP-FILES\MEMO\96CASES\96-132ZC.WPD OCT-11-96 11 :40 FROM, 1D: • PAGE 2 , I • r October 11, 1996 11 Mr. Greg Last Community Development Director City of Southlake 667 N. Carroll Avenue Southlake,TX 76092 RE: Zoning Applications Timarron Commercial Tracts 1,2,&3 Dear Mr. Last: Timarron Land Corporation respectfully requests amendments to the above-referenced zoning applications as follows: Tract No. I (Proposed zoning-SP-2 Generalized Site Plan Development) • Remove C-4-Arterial Mall Commercial District(Sec. 23) from the list of proposed zoning categories (or Tract Nos. 2 &3 (Proposed zoning-Non Residential P.U.D) • Remove the following from the proposed zoning categories: - • C-4-Arterial Mall Commercial District(Sec. 23) • I-1 -Light Industrial District(Sec. 26) • 1-2 -Heavy Industrial District(Sec. 27) • Amend the residential zoning category to exclude MF-2 and, if possible. add zoning classification SF-20 Additionally, we have enclosed a letter from Carter&Burgess, Inc. regarding the Traffic Impact Analysis requirements. If there is any additional information required, please call. Since • yours, Iid v, • .071A ' S v•' Yetts, ..E. Development Director Enclosure SEY/kd (4..., Lastltr REC'D OC T 11 1996 • r The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, ,►y 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO; I am (in favor o ( pose o) undecided about) the request for the following reasons: RED OCT 081996 SIGNATURE: COOK,STEVEN E ETUX KATHERINE (Please Print Name)„ eal C e00K / 9 1981 EAST HIGHLAND 4-71 i,<<'- .- e , C o/ SOUTHLAKE TX ADDRESS: :96 60920000 of i F) Ld- ,> -e.2s 1.9-,g-,,(-14,,) /i ' // (5) „Li r D vY L • tite, „_,01 -e-Ep 41.7t,cn---r hi/ zxAm RsE,S, (kby, The Lawrence Family 1901 E. Highland Southlake, TX 76092 10 Oct 1996 481-6101 Joe Wright Planning and Zoning Commission City of Southlake Dear Mr. Wright, We are writing this in regards to the upcoming re-zoning request for Timarron Commercial Tract 3. We understand the developer has requested to make this 200 acre tract a Planned Unit Development tract(PUD). Among the uses permitted under this PUD zoning are many commercial and industrial activities including auto and truck sales, bus stations, commercial warehouses, road machinery sales, clothing manufacturing, • machine shops, public utility franchise, welding equipment and supplies, printing plant, steel fabrication plants, and tank manufacturing to name just a few. It is also our understanding that this type of zoning will also allow sports stadiums and hotels up to 6 stories. Now, we realize that this land, being adjacent to Highway 114 and under the runway (kor 13R flight path at DFW requires, and should be used for, "high quality" commercial development. However, we don't believe in giving any developer a "blank check" in determing the commercial uses. It is obvious that if granted this PUD as outlined in the package dated September 23,1996, about the only thing they can't build is a toxic waste dump. Specifically we request the following modifications: 1. Heavy industrial and commercial means large truck deliveries, noise, water and air pollution and unsightly premises. Southlake has never allowed this and we don't believe the intent is to let this occur. We recommend carefully screening their laundry list of uses and to further limit them to light,high quality commercial, retail and very limited industrial uses. Specifically, prohibit 12(heavy industrial)zoning, and put tighter restrictions on any B2(Commercail Manufacturing district)and I1 (light industrial)zoning. 2. Any hotels or structures over the 45'limit should be limited to locations adjacent to highway 114 and not be near Highland street(the northern half of tract 1 e)which is a residential street and a primary school bus thoroughfare. We also propose eliminating the planned roadway through Tract 3 that connects with Highland. This could significantly increase traffic congestion especially during school start/stop times at the Carroll/Highland intersection which would occur during business rush hours. We strongly support the Planning and Zoning Commission's current position of permanently downgrading the status of Highland to a two lane road, maintaining its status as a low volume residential Cm. and school road. REM OCT 111996 3. We know a Sports stadium is not specifically in this zoning request, however PUD zoning would not preclude this from occurring. This type of structure would lead to the influx of thousands of vehicles and people on a regular basis(large numbers would be required just to make it profitable) and further strain our traffic congestion on and off highway 114. It would also bring with it all the asscociated problems inherent in large numbers of people congregating at sports events(parties,alcohol abuse, noise, unsupervised groups of kids). We recommend specific language prohibiting any kind of stadium or arena. Half a dozen local high school football games(24 total hours of usage) a year do not justify this type of development. Other school sports such as track, baseball and soccer don't generate the crowds that would require a new stadium. In conclusion, We would recommend that any resident or member of this commission who sees no problems associated with this proposed PUD, take a drive down highway 183 through Bedford towards Fort Worth and view the concrete jungle of high density commercial development and ask yourselves if this is your vision for Southlake. Siryfely, t /( /t'///:?y Jerry,Jacky, Meagan,Katy and Robby Lawrence - r . Low- 1776 East Highland Street Southlake, TX 76092 October 11, 1996 Planning and Zoning Commision Community Development.Department Southlake City Hall 667 N Carroll Avenue Southlake, TX 76092 Dear Sirs: I am writing in response to the proposed land use changes under Timarron Commercial - Tract III. The proposal is largely acceptable; I have only a few difficulties with it as currently written. First)is the suggested 70 foot right of way on Highland Street. This seems inappropriate for the street adjoining two Carroll ISD buildings and very near a third building. In fact, to widen Highland to more than two lanes would compromise both the saftey and quiet of the Intermediate School. When Southlake taxpayers and the Carroll ISD are already (kir challenged to accomodate our rapid growth, it seems foolish to render a functional building unusable. This brings me to my second objection. I would like to see the proposed occupancies modified to be more sensitive to the nearby schools. I would hate to see a hotel and the accompanying drugs and prostitution introduced into the neighborhood; I'd rather have apartments. I am also concerned about those uses that might present an environmental contamination risk, such as plastics manufacturing or pest control services. These might be better located near the airport in the industrial area. I appreciate the commissions desire to retain the essentially rural character of our communmity while providing services and diversifying our tax base. But,the main reason people to move to Southlake is our schools. Please continue to give our childeren and schools the highest priority in your decision making. Sincerely, Mana P. Cameron L RECD O C T 11 1996 WAR( - I 4 r .l 6- 406•'-•::::-. • ,,,c,-;, ‘,,,,04,9,, :..8,...,..• 1 (111.°' • *.. 4teP ' C.:) ': ..2-f - . . cx\"\ 2A q6_ — /3L- 6/ 1 �y Aw12/� . 1 . up . rii 4 ioSi • f�,DP � vi I - Cf 106� / So ,T/�� r L., , IA //i. Rar.4057--, :.. < rt • HAROLD I KNIGHT 1749 E. HIGM /,ND i X 7L.;52 ;iiiiiiiiiii `lia ' iiii*iii*iiiiiii'iii i ii ii uj li i`iii 03 REC'DOCT 36 19:'i fir Summary Zoning District Symbols and Permitted Uses CS CommunityService District:public and private kinder artens,elementary, g secondary schools, universities and colleges; museums; libraries; golf courses; parks; playgrounds; community centers; country clubs; public safety facilities; utility buildings; churches; city halls. AG Agricultural District: farms;ranches;orchards;truck gard',ns; plant nurseries; single- family detached dwellings(on at least one acre)housing of the owner or operator of agricultural use; supplemental single-family detached dwellings for full-time employees. RE single Family Residential Estate District: horticultural activities; agricultural uses for on-premises consumption;single-family detached dwellings(on at least one acre) housing the owner or operator of the agricultural use(entire tract of land at least five acres); parks; recreational spaces; private boat docks; swimming pools; game courts; city halls; fire and police stations. SF-lA Single Family Residential District: agricultural uses for home consumption; single family detached dwellings; minimum floor area of main residence 2,000 square feet; parks; recreation spaces; private boat docks; swimming pools; game courts; city halls; fire and police stations. (Lot area minimum 43,560 square feet) • SF-1B Single Family Residential District: all uses permitted in SF-IA;minimum floor area of main residence 1,500 square feet. SF-30 Single Family Residential District: agricultural uses for home consumption; single- family detached dwellings; parks; lot area 30,000 square feet. SF-20A $ingleYamily Residenpgl District: same uses permitted in SF-30; lot area 20,000 square feet; minimum floor area of main residence 1,800 square feet. SF-20B Single Family Residential District:all uses permitted in SF-20A;minimum floor area of main residence 1,500 square feet. • MF-1 Two Family}.tesidential District: agricultural uses for home consumption; single family detached two family dwellings; parks; recreational spaces; city halls;police and fire stations. 14F-2 • y Residential Distric: multiple famil re (apartments, condomini tional spaces; city halls; pefice d"fire stations. (060.,‘WPF\LISTS\ZON DIST.WPD • iv! 0-1 Office District: accounting and tax preparation; adjustment and collection services; advertising agencies; architecture; banking; billpaying services; business corporate Lime headquarters; business holding and investment services; chamber of commerce; chiropractors; computer services; consumer and mercantile credit reporting; contractor offices;dentists; duplication and mailing services;employment services; engineering; finance; interior design; land surveying; law; management consultants; optometrist; physicians; podiatrists; psychiatrists;psychologists;radio recording and it television broadcasting; real estate and insurance; savings and loans; securities and commodity brokers; stenographic services; title companies; travel bureaus or services; utility offices; maximum height of 2 1/2 stories. 0-2 Office District; all uses permitted in 0-1; maximum height of 6 stories and 90 feet. C-1 Neighborhoot Commercial District: architects; bakeries; barber and beauty shops; cleaners; laundries; gasoline filling stations; grocery stores; meat markets; newsstands; bookstores; restaurants; tailor, city halls; fire and police stations. C-2 Local Retail Commercial District: any use permitted in 0-1 and C-1; antique shops; bakeries; bicycle sales and repair shops; blueprinting or photostating; book or stationary store; vocational schools; ; cigar or tobacco stores;cleaning and laundries; confectionery stores; custom dress making; dancing schools; day nurseries; delicatessens;-dog-and-cat-hospitals; drug stores; dry goods and notion stores; (1111duplicating services;filling stations;financial institutions; florist or gift shops;-freaen- ,,. -food-lockers; grocery stores; meat markets;health service facilities;jewelry stores; leather shops; optical goods; photography shops; radio and television sales and servicing; restaurants; shoe repair, sporting goods; tailors; automotive accessory sales; variety stores;maximum height of 2 1/2 stories. C-3 General Commercial District: any use permitted in C-2; auditoriums; theaters and • cinemas; coin and stamp shops; commercial amusement centers; commercial art galleries; golf courses;department stores;dry goods and notion stores;electrical and gas appliances and supply sales; hardware stores; hat shops; health and physical fitness centers and gymnasiums; hobby shops; furniture stores; lodges; sororities and/or fraternities; medical care facilities; mortuaries; funeral homes; music shops; plant nurseries;pet shops; piano stores; plumbing and heating appliances,-mpair an— installatiott sP virPs printing jobs; retail stores; skating rinks; taverns; clubs; toy stores; upholstery shops; variety stores; maximum height of 3 stories and 35 feet. Arterial Mall Commercial District: any use permitted in C-3; indoor and outdoor shopping malls; commercial traditional mall land; maximum height of 6 stories and 90 feet. CWPF\LISTS\ZONDIST.WPD 8F-t3 r A r ik B-1 Business Seryjce Park Pistrict: any use permitted in 0-1; administrative,executive, (iiiar--- and editorial offices; • banks;barber and beauty shops; ; banks; barber and beauty shops; book and stationary shops; computer na and research; dry goods; electronic inastafeetute and research; funeral homes; printing and publishing;reanefeetweie€- manufar•tliring_^f musical irstrua1Pntc; medical clinics; nursery ya rds; g; schools; j professional and business schools; retail activity; security guard quarters; -.assembly„fine arts training studios; city halls; police and fire stations; maximum height within 100 feet of residential is 1 story and 20 feet; maximum height more than 100 feet from residential is 2 1/2 stories and 35 feet. B-2 Commercial Manufacturing District: used merchandise retail establishment; automobile or motorcycle sales or rentals; -repair4-401-stozageisales;-buildeg-supplyi-bus•-statiou;-restaurant-fixture-supplies; ; city halls; police& fire stations; maximum height within 100 feet of residential is 1 story and 20 feet; maximum height more than 100 feet from residential is 2 1/2 stories and 35 feet. Light Industrial District: any use permitted in 0-1;aluminum product fabrication; armature winding; wholesale bakery; blacksmithing or horseshoeing • • oom m:•- facturing; cabinet or carpentry shop; candlemaking; candy • : t; carpet cleanin 1, clothing manufacturing; cold storage warehouse; . • .. ercial school; compound' : = cosmetics and toiletries;creamery and ' •• •. •suet processing;egg storage, candling, , ing, and grading; electronic co ••vents manufacturing and assembly; feed stores; g ••- blowing; ice cream • -•' .g;ice manufacturing and bulk ice storage; insulation appli •,,•n; irrigati• • -: es and service;janitorial services; laboratories; linen and towel sery • • achine shop; mattress manufacturing or renovation; manufacturing of ., • cal • dental equipment; mini-warehouses; monument manufacture; o.. • ental-iron wo • pest control businesses; plastic fabrication; plumbin 1 • ating,refrigeration; or air c. • •itioning shop; public utility facilities; pump es and service; roofing contractor; : : d door manufacture; i. sheet met: shop; sign manufacturing; spray painting u •; store fixture manu ing and sales; warehouses; welding equipment and supp '- • city halls; • and police stations; maximum height within 100 feet of residential is 1 - $ and 20 feet; maximum height more than 100 feet from residential is 2 1/2 stories an. feet; minimum lot size of 5 acres. Ll:\WPP\LISTS\ZON DIST.WPD t, � r_ ipY `1 . Heavy Indusjrial District:all uses permitted in I-1;agricultural implement and tracto es and service; automobile and motorcycle sales, rental, service; bottf. : • ants; bric•, : ••ttery,or terra-cotta making; building material sto • ._-; . terminal and maintenance • • .; contractors plan or stora: _ •s; corrugated metal manufacturing;cotton s a • : • electroplatin! • • ' •hies; feed grinding and processing; flour mills; food products manu : ..=...; :; grain elevator and storage; lumber yards; machine shops;miliin: .• _ .' e ome sales, • • acturing,storage;household goods moving; oil w suipment sales; service, storage; . • •. aceutical manufacturing; po • • •wlding manufacturing and sales; printing plant or n • - •_ • r, tile roofing manufacturing; trailer or camper manufacturing; trailer or truck s= • ck or railway freight terminal; truck stops; warehousing; welding shops. HC Hotel District: hotels and motels; public parks and playgrounds; private golf course; city halls; police and fire stations; maximum height of 6 stories and 90 feet. ufac ed Housinc: manufactured housing; mobile horn • prefabricated housin ; cr ons;maximum height of 21/2 eet. ` PUD planned Upit Development District: residential and non-residential uses permitted; residential PUD district must be at least 50 acres; non-residential PUD district must be at least 10 acres. CP-1 Site Plan Distriz Regulations(Detailed): to develop different sized and shaped land areas;multiple land uses;to establish compatible land uses;no minimum land area. S-P-2 site Plan District Regulations(Generalized): to permit flexibility of area regulations while restricting usages; minimum of two acres. i . 1 L. WPFILISTS\ZONDIST.WPD JAMES AND CECILE GARDNER 1213 Ashmoore Ct. (Itairy Southlake,TEXAS 76092 • METRO(817)329-0629 REC'D 0 C T 311996 October 30, 1996 City of Southlake Planning and Zoning Commission Dear Commissioners, We are writing to you to express our extreme concerns with regard to the proposed zoning change to the Timarron Commercial - Tract III. As residents of Southlake and specifically Highland Estates, we want to present to you, our desires for this tract to maintain it's current zoning until,which time, Timarron is prepared to come to the city with a legitimate and specific Development Plan. We have heard from Timarron, that the city has "a narrow window of time"to take advantage of potential user interests in the available land along the 114 corridor through Southlake. They want us to believe that if we don't give them the zoning change they are requesting now, we all stand to loose a great deal, due to future declining opportunity to (lbw attract quality users. Timarron representatives have stated that Southlake has a perceived reputation with potential users of exercising difficult and lengthy zoning and development negotiations. Timarron feels this makes it much more difficult to attract users without the requested zoning change. We,however,feel this is a great reputation to have and we are proud of our Planning and Zoning Commission and City Staff and Counsel for building this reputation. This reputation has and will continue to have,a long term,positive affect on the quality of life for all of us who live in Southlake. If you,the Committee,make the unfortunate decision to grant Timarron's request for the zoning changes to the three commercial tracts,we as neighbors to these tracts,must insist that the zoning categories B2,Il,and I2 be prohibited. These categories are absolutely unacceptable uses of these properties and will decrease our property values and potentially impact the safety of our children. We must also insist that at no time,now or in the future, shall any vehicle access be permitted, in any capacity,to East Highland from Tract III or any other adjacent properties. We place our trust in you,the Committee,to assist in the protection of the health, safety, and welfare of all Southlake residents. Sincerely, James d Ce ' e Gardner eF -tu 1203 Ashmore Ct. Southlake, TX 76092 (ow October 30, 1996 City of Southlake REC'D OCT 311996 Planning and Zoning Commission Southlake, TX 76092 Dear P&Z Members, I would like to voice my concerns regarding Timarron Land Corporation's request for rezoning of the Timarron Commercial property, Tract III(200.822 acres). This request is for a Non-Resdidential Planned Unit Development (P.U.D) - "Mixed Use Business Park" submitted September 23, 1996. I realize that this property will be developed and am not against this. However, I want to be able to have a voice in what the development is since I live directly across East Highland in the Highland Estates Subdivision. I am concerned with the "Concept Plan" that is being requested. According to Section 30 of the city of Southlake Comprehensive Zoning Ordenance, Paragraph 30.2 states "The PUD District will allow the development of any combination of uses which are permitted in that district." At the Timarron meeting Tuesday night, October 29th, Steve Jett stated "what will be built is not known, but will be in our vision". I see "Timarron's vision" is what is the most profitable for the (kriw Timarron Corporation, not what is in the best interest of the residents. With the broad range of categories and the limitless number of"permitted uses" under the categories, and with also a possibility of a land sale to a third party with no partnering with Timarron, the residents have no protection under the PUD "Concept Plan" that a satisfactory development will take place. We will lose any control of what "permitted uses" can be developed once the "concept" zoning has been approved as submitted. If Timarron could provide us with a more detailed plan such as the alternative process procedure by submitting a "Development Plan" as stated in Section 30.8 it would be much easier to go along with and give my approval to the rezoning request. A Development Plan would provide as much detail as possible including a scale drawing showing any proposed streets and alleys;utility and garbage easements; street changes; elevations drawings that show the relationship of the buildings to adjacent property; preliminary drainage plans'; screening and landscaping plans in relation to adjacent property; ie.... I strongly urge you as a member of the P&Z Commission to require more detailed plans and limit the scope of the zoning request rather than approving the Concept Plan as is. Sincerely, David Edelen - lrl L 1002 Quail Run Road Southlake, TX 76092 November 7, 1996 City of Southlake Planning and Zoning Commission Southlake, TX 76092 Dear P&Z Members, I am very much against the request for BROAD, LOOSE, ±ezoning of the three tracks of land north of 114 in the vicinities of Carroll Road, White Chapel and Dove Road, as requested by Mobil/Timarron. M/T should be required to present a detailed development plan for the property and not be granted the broad loose zoning they are requesting. The development of the 530 acres in question will have a major impact ort future development and property values in Southlake. The city of Southlake and its residents stand to loosea great deal by moving too quickly and giving in to M/T broad, loose zoning demands. I trust that you, the Committee, will not bow to the pressure of big business and will require Mobil/Timarron to present a detailed development plan. In so doing Southlake will continue to be the city we are proud of. Sincerely, Margaret C . Burnette Property owner, resident REc NOV 071996 1-•T T (..., oc(c 04, , TO: Southlake Planning& Zoning Commission 667 N. Carroll Ave. Southlake, Texas 76092 RE: Zoning Case 96-132,TRACT III The undersigned, residing in the vicinity of Tract III,, feel that certain modifications to the application are imperative if this development is to be at all compatible with residential living and the health, safety and welfare of area citizens. It is respectfully requested that in deliberating this case, you consider the following things which will soften the impact of the development on those of us in the immediate vicinity. General considerations 1. Require at least two rows of single family lots (R-20A) along E. Highland, which are accessed only from Highland. 2. Allow no traffic connection between SH 114 and E. Highland, as a stipulation of zoning approvaL 3. Allow no relaxation of height limitations. 4. Avoid "night-time" activities on the northerly-most 1/3 of the tract. 5. Allow no sports stadia or arenas and allow no elevated tennis courts etc. (law 6. On the northern 1/2 of the tract, on areas other than R-20A, seek corporate HQ's/campus structures with heavy landscaping, berming etc. `_ Specific considerations In the following districts take the action indicated: 1. C-S d. Disallow all uses(Golf courses;parks, playgrounds. ) g.Disallow all uses (Utility buildings and structures: power substations....water/sewer treatment plants) 2. 0-1;0-2: and C-1 Disallow any use within 400 feet of E. Highland 3. C-2 #6. Disallow(Blueprinting or photostating) #11. Disallow(Cleaning, dying, pressing works; laundry ) #17. Disallow(Dog and cat hospitaL....) #20. Disallow(Duplicating service, printing, lithography ) #24. Disallow(Frozen food lockers...) #36. Disallow(Tires, batteries and automobile accessory sales...) (Ire' Disallow any remaining use within 400 feet of E. Highland RED NOV 041996 8Fi L { 4. C-3 #2. Disallow(Auditoria,theaters and cinemas) #3. Disallow(Cleaning,dying and pressing works...) #7. Disallow(Conventional golf courses...) r#10. Disallow(Electrical and gas appliances and supply...) #17. Disallow (Medical care facilities to include nursing and care homes...) #18. Disallow(Mortuaries...) #21. Disallow(Pet shops) #23. Disallow(Plumbing and heating appliances...) #24. Disallow(Printing,lithographing...) #27. Disallow(Taverns,dubs...) Disallow any remaining use within 400 feet of E. Highland 5. B-1 #3. Disallow(Apparel and millinery manufacturing...) #10. Disallow(Funeral homes) #11. Disallow(Lithograph,engraving, printing...) #9,#12,#13,#16,#21 and#23. Disallow any manufacturing activity #14. Disallow(Medical clinics) Lir #15. Disallow(Nursery yards....) Disallow any remaining use within 400 feet of E. Highland / 6. B-2` Disallow all uses except #18.(Retail activity of a service nature...) and #19 (Retail uses which are reasonably related to the principal uses within the structure...) 7. HC D' 'w all uses except for a. Hotels and motels, but provide that none may be 1 t within 400 feet of E. Highland and any within 1,200 feet of Highland shall b i 7kted to 4 or f • height. F /). 3d' 5"4) el= L N,i tAa L TO: Southlake Planning& Zoning Commission 667 N. Carroll Ave. Southlake, Texas 76092 RE: Zoning Case 96-132,TRACT III Residents from the area around Tract III met on December 7, 1996, to explore formulating a consensus of opinion with regard to allowable development on this tract. Approximately two dozen were in attendance with another dozen represented by proxy. We understand that the applicant in this case is in the process of modifying the application to exclude certain uses and to provide limitations on height and to provide for buffering, landscaping etc. Nonetheless, the application as it presently stands is unacceptable to us in many respects, and it must be modified to make it more compatible with residential living in order to obtain our acquiescence. Generally, our principal concerns fall into several categories: 1. Traffic on Highland; 2. Uses adjacent to Highland and adjacent to residences on the south side of Highland; 3. Visual impact of the entire tract, but primarily the portions on Highland and adjacent to the residences on the south side of Highland; and 4. Drainage. We suggest that these issues be addressed as follows: A. The north 1/2 of the tract should be limited to low rise, campus-style corporate HQ's-type uses with heavy screening and landscaping, open space buffer zones and severe on nighttime activities, B. There should be a buffer zone of 300 feetdepth_along Highland within which there can be no use at all, including no parking, no roadway or access of any kind, and no structures. Similarly, there shall be no use, roadway, parking or otherwise allowed on the portion of Tract IH within 3�t of the following parcels identified on the applicant's Existing Adjacent Land Owners Map as #5, #8, #11, #13, #14, and#16. C. There should be no structure on any portion of Tract III which exceeds 2 1/2 stories in height. D. No sports facilities should be allowed on the tract. E. There shall be no traffic connection between SH 114 and Highland. No Ic c e.s �`a l��til.�st�C- �ror+� 7„e. J ov;01.• ,NT r.si/ c; dilazfrizon. pri00 or-y Fro..* //c.sY //V.J o—d>--1 t'o Gsrro/1' 8 �= 2\ / ` (law F. The City, the applicant and the ultimate developer of the tract shall guarantee that development of Tract III shall not result in increased drainage run-off.- specific considerations In the following districts take the action indicated: 1. C-S d. Disallow all uses(Golf courses;parks, playgrounds. ) g Disallow all uses (Utility buildings and structures: power substations.....water/sewer treatment plants) 2. O-1.0-2 Allow no municipal facilities 3. C-1 ✓Allow no municipal facilities All uses must orient to SH 114 4. C-2 (kr #6:=Hisalloirtlikeeprinting-erritliviestatlist))4/44 - #11. Disallow(Cleaning,dying, pressing works; laundry ) . #17. Disallow(Dog and cat hospitaL....) #24. Disallow(Frozen food lockers...) #36. Disallow(Tires, batteries and automobile accessory sales...) 5. C-3 #2. Disallow(Auditoria,theaters and cinemas) #3. Disallow(Cleaning, dying and pressing works...) #7. Disallow(Conventional golf courses...) #10. Disallow(Electrical and gas appliances and supply...) #17. Disallow (Medical care facilities to indude nursing and care homes...) . ..). #21. Disallow(Pet shops) #23. Disallow(Plumbing and heating applinc ••) #27. Disallow(Taverns,dubs...) 5. B-1 Allow no municipal facility #3. Disallow(Apparel and millinery manufacturing...) #10. Disallow(Funeral homes) # . g ` -22 r - V II (hripe #9,#12,#13,#16,#21 and#23. Disallow any manufacturing activity #14. Disallow(Medical clinics) #15. Disallow(Nursery yards....) 6. B-2 Disallow all uses except #18.(Retail activity of a service nature...) and #19 (Retail uses which are reasonably related to the principal uses within the structure...) 7. HC Disallow all uses except for a. Hotels and motels, which must be limited to the southerly 1/2 of the tract. e(1. 942'vue .N&ajZ Name j,LO Y A5407or0 G© /F t Address TRACT3B.WPS (NW Lw �� -z3 -• AVJGIIVVA/ aawa %.V 'jVVA/VV1 I (60., B. Dennis King 205 Manor Place Southlake.Texas 76092 Home-817/424-3094 Work-817/871-8605 TO: Members of The Planning and Zoning Commission City of Southlake(Fax 817/488-9370) ' FROM: 1 Dennis King DATE: I January 23, 1997 RE: Timarron Rezoning AZ96 130. 131. 132 Please be advised that I am opposed to the rezoning Timarron is requesting for the referenced tracts. I attended the first meeting the Timarron representatives held with various SPIN groups and was unimpressed with the presentation. It became obvious very early in the meeting that Timarron bad not performed any land planning but simply wanted a zoning designation which would permit the greatest flexibility for them. I believe it would be grievously unfair for the City of Southlake and its residents to approve the zoning requests in their present condition. Please remember,PUD's were never intended to be a substitute for good land use planning. It should also be pointed out that Mobil Oil is no longer the owner of Timarron. The new owner is Westwood, which is a real estate company comprised mainly of executives formerly with Morgan Stanley, a Wall Street investment banker. The new owner, Westwood, should speak specifically to its plans for the property-not what it thinks or hopes will happen in the future. It is my understanding that Westwood is a "horizontal" developer and not a "vertical" developer. Accordingly, in all likelihood, Westwood will develop the infrastructure(streets and utilities)and then sell off the tracts as users come along. Each sale,if good planning does not happen now,could be a setback for Southlake's commitment to quality development and good commercial neighbors. With each sale by Westwood the residents of Southlakc could very easily find their quality of life moving further along a downward spiral until that quality of life is only a distant memory. Thank you for your attention to this matter. I G:ULPCU,EGAUWORD180K19500‘13DK9597DOC e;‘) N2319g7 pipPIP (kw TO: Southlake Planning& Zoning Commission 667 N. Carroll Ave. Southiake, Texas 76092 RE: Zoning Case 96-132, TRACT III The undersigned, residing in the vicinity of Tract III, feel that certain modifications to the application are imperative if this development is to be at all compatible with residential living and the health, safety and welfare of area citizens. It is respectfully requested that in deliberating this case, you consider the following things which will soften the impact of the development on those of us in the immediate vicinity. General considerations 1. Require at least two rows of single family lots (R-20A) along E. Highland, which are accessed only from Highland. 2. Allow no traffic connection between SH 114 and E. Highland, as a stipulation of zoning approvaL 3. Allow no relaxation of height limitations. 4. Avoid "night-time" activities on the northerly-most 1/3 of the tract. 5. Allow no sports stadia or arenas and allow no elevated tennis courts etc. (kw 6. On the northern 1/2 of the tract, on areas other than R-20A, seek corporate HQ's/campus structures with heavy landscaping, berating etc. Specific considerations In the following districts take the action indicated: 1. C-S d. Disallow all uses(Golf courses;parks, playgrounds. ) g.Disallow all uses (Utility buildings and structures: power substations....water/sewer treatment plants) 2. 0-1;0-2: and C-1 Disallow any use within 400 feet of E. Highland 3. C-2 #6. Disallow (Blueprinting or photostating) #11. Disallow(Cleaning, dying, pressing works; laundry ) #17. Disallow(Dog and cat hospital....) #20. Disallow(Duplicating service, printing,lithography ) #24. Disallow (Frozen food lockers...) #36. Disallow (Tires, batteries and automobile accessory sales...) (illis., Disallow any remaining use within 400 feet of E. Highland "Pilir Lir' 4. C-3 #2. Disallow(Auditoria, theaters and cinemas) #3. Disallow(Cleaning, dying and pressing works...) #7. Disallow(Conventional golf courses...) #10. Disallow(Electrical and gas appliances and supply...) #17. Disallow (Medical care facilities to include nursing and care homes...) #18. Disallow(Mortuaries...) #21. Disallow(Pet shops) #23. Disallow(Plumbing and heating appliances...) #24. Disallow(Printing, lithographing...) #27. Disallow(Taverns,clubs...) Disallow any remaining use within 400 feet of E. Highland 5. B-1 #3. Disallow(Apparel and millinery manufacturing...) #10. Disallow(Funeral homes) #11. Disallow(Lithograph, engraving, printing...) #9,#12,#13,#16,#21 and#23. Disallow any manufacturing activity #14. Disallow(Medical clinics) Lir #15. Disallow(Nursery yards....) Disallow any remaining use within 400 feet of E. Highland 6. B-2 Disallow all uses except #18.(Retail activity of a service nature...) and;#19 (Retail uses which are reasonably related to the principal uses within the structure...) 7. HC Disallow all uses except for a. Hotels and motels, but provide that none may be located within 400 feet of E. Highland and any within 1,200 feet of Highland shall be limited to 4 stories or 60 feet in height. fget4e 1044--- /A/o /44,-,k7we ar, scrome#1.41-€ c------€-(-03,1‘.67 .. / LV . 210 Ashmore Court ut / It Southlake, Tx 76092 19 January, 1997 City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Dear Planning and Zoning Commissioners: This letter will present recommendations for the REZONING AND CONCEPT PLAN FOR TIMARRON COMMERCIAL. As some of the concepts apply to all three tracts, I speak in general terms then in particular about Tract III, ZA 96-132 which is nearest to our home in Highland Estates. Our understanding is that if you grant rezoning on a tract, the city has no more control of street access and egress. Please advise us on this matter. First, Southlake should prohibit vehicle access from Timarron Commercial Tracts I, II, and III on Whites Chapel, Carroll, and Highland. These are neighborhood arteries fronted by residences, churches, and schools. The additional traffic from construction and delivery trucks, from vehicles turning in out from commercial, restaurants or offices should be restricted to State Land Highway No. 114. Some limited traffic flow may be allowed on Dove and Kimball. Our understanding is that the Noise Cone for air traffic landing or taking off from Runway 13R / 31L extends directly over Tract and DFW Airport in regards to ther'Noise agreed upon between the City of Southlake Cone and building heights. Please advise us on this matter. Second, Southlake should allow residential development in all three tracts where consistent with the agreement between Southlake and DFW. Thus, if the Timarron Commercial Tracts front on residential areas or existing homes, each tract should develop the perimete� areas with comparable 1p2 ee lots across from lots or estates contiguous with one acre lots or estates, acre existing 1/2 acre lots. Our understanding is that Southlake is developing a comprehensive Park and Greenspace Plan as well as a tree ordinance to preserve established timber. Please clarify these plans as relevant to Tracts I, II, and III. Since each tract includes flood plain, these plans for park, recreation, and trails should mold our decisions on the Timarron tracts. Please advise us on these matters. (41...y. Third, Timarron has proposed a 300' setback on certain roads. This setback should be restricted to greenspace—no pavement for parking, no pole mounted REC'D JAN 2 21997 parking area lighting, no structures permitted in the setback. Walking,jogging, or Ce equestrian paths may be included. Beyond the 300' setback, the berms and wall structures begin. Since the rezoning process is in full swing, I encourage the commissioners to protect the rural, educational, and residential environment which have structured the distinctive nature of Southlake. You, our Commissioners and later our City Council must squelch the speculative desires of Timarron Commercial when they negatively impact the quality of life we presently experience. Since ly yours, y ti-'2,41_ Gerald W. Hodges Karen A. Hodges 817-481-5932 khodges@flash.net (illor, L B�')_ P3 Christopher McGuire (817) 329-4430, (214) 258-6999 2089 North Carroll Avenue Southlake, Texas 76092 .f January 16, 1997 Mr. Curtis Hawk City Manager City of Southlake 1725 E. Southlake Boulevard Southlake, Texas 76092 Dear Curtis, I am very concerned about the way our Planning and Zoning Commission (P&Z) is handling the proposed Timarron Land Corporation requests for Zoning Changes.As you know, many of us are opposed to the request. I will detail my specific reasons for (trae opposition in a forthcoming letter to you and the other principles involved. My concern today is that the P&Z has scheduled what may be their final meeting on the matter for a date that is not on the usual first or third Thursday of the month. Also, coincidentally there is an important meeting at Solana tonight which will undoubtedly capture the attention most of us who follow city policies. I have spoken with a few of my neighbors and members of the press who were not aware of tonight's P&Z meeting. The P&Z meeting scheduled for tonight is not listed on the scroll of announcements displayed on Channel 25. Curtis, I'm not accusing anyone of anything. Surely, every legal step has been taken to notify interested citizens. However, the timing of the P&Z meeting tonight suggests an attempt to diminish the size of the crowd at the time of voting on Timerron's request. Before taking this critical step in the process, which I believe will have an enormous impact on our entire community, I request that the final vote be set at a later date and time. REC'D J A N 161997 Paget kb, Individual citizens and loosely organized neighborhood groups cannot keep pace with a highly trained, full time staff of professional developers and real-estate speculators. More of us, not fewer, need to attend the meetings that affect our neighborhoods and our property. What Timerron proposes will create the opportunity for a mish-mash of building and development. There is nothing in their proposal that is a plan. If granted, the zoning requests Timerron seeks will greatly increase the resale value of the land they purchased on speculation. To my knowledge Timerron has no specific intention to build anything. Even if they do, we are not sure what kind of company Timerron is now that it has changed ownership. Of course, they will assure everyone of their good intentions. But, their primary purpose is to do what is best for their owners and stockholders. I am not opposed to new development, nor am I opposed to legitimate businesses trying to make a profit in any legal enterprise. However, I want our city planning to be closely overseen by public officials who can be held accountable rather than trusting the character of our city to random market forces as is possible with the proposed zoning. We have an opportunity to preserve much of what brought many of us to Southlake while remaining in control of well planned and needed development. Or, we can become another city like any you see along the local major thoroughfares. I will appreciate your thoughtful consideration of my request. Sincerely, \--Th (\A Christopher McGuire (cc: Planning &Zoning Commission members, City Council and Mayor, neighbors, others) L SF -3C r(klire Michael Howe 2612 Parker Court Southlake, Tx. 76092 817-329-4207 Mr. Joe Wright Planning& Zoning City of Southlake December 10t11, 1996 Dear Mr.Wright: I am a pilot for American Airlines and I have to work this Thursday when you are scheduled to discuss the proposed zoning change on Carroll Road at the intersection of Primrose. I wish I could attend to personally let you know my strong feelings that the use of that land for anything other than residential development is a grave mistake. First of all, Carroll road is surrounded by many of our schools. To subject our Lie children to the possible dangers of commercial traffic, and the mix of non-residents and young school children, is an unnecessary risk that would be an invitation for disaster in todays world. Secondly, for those of us that live off of Carroll Road, it was obvious that the whole feeling of the road, is to get off of the businesses of Rt. 114, and onto the obvious residential planning of Carroll Road. Any commercial use, would definitely be out of place and a violation of the trust that we have put in the City of Southlake to first, serve its community. I am sure you would agree,but another letter in hand can not hurt. Lastly, I want to thank you for your time and consideration, in reading this letter. Feel free to respond, if you desire, to the address above. Once again, thank you. Sincerely, Michael Howe •• REC'D DEC 161996 (re January 29, 1997 TO: City of Southlake Pinning &Zoning RE: Cases #ZA 96-130 #ZA 96-131 #ZA96-132 Greetings: My name is Gary S. KraII and I am a resident of Southlake, TX residing at 204 Sheffield Ct. The above referenced cases submitted for rezoning by Timarron Land Development are of great concern to me and my family. There are a great many issues that need to be addressed and looked at very closely before any further development is allowed along Highway 114. The first concern is a quality of life issue. My family moved to Southlake because it offers peaceful surroundings, a low crime rate, an excellent school system, larger lots than (ibse normally offered in other communities, a nice lake access and less traffic than in the congested big cities nearby. Southlake did not have the drawbacks of many of the other suburban areas we looked at and it appeared to be planning for the future in a way that would protect this quality of life. The Timarron development as proposed would, in my opinion, detract severely from everything Southlake has to offer. A concentrated commercial/industrial park with everything from: 1. retail to manufacturing, 2. office buildings and hotels up to six stories in height, and 3. no definite buffers between commercial uses and homes or schools. , All these things strike me as making all the same mistakes towns like Irving, Arlington, Grand Prairie and Garland, etc. have made in the past. This can only work to lower the property values of our homes, add to the crime rate, create environmental problems and increase traffic problems to an unbearable.level. Much of the proposed development will put commercial/industrial businesses right next to schools and increase the traffic on Carroll Avenue which would be a dangerous situation for the three schools along Carroll Avenue. Although I live South of 114, I see 114 as the "Gateway" to Southlake. Any undesirable development will bring down everyone, not just those North of 114 or nearest to REC'DJAN301997 L�L L 8� -3z- Iry L the development. The image for the entire area will be set by what is seen along 114. Congested, overbuilt areas will turn people away and ruin what Southlake has to offer. Issues such as flood control, proper drainage, police and fire protection, etc. must be addressed before the City of Southlake can give approval in any way to the Timan-on proposal. The developer must be forced to delineate specific plans for each and every tract; otherwise Timarron will have Carte Blanche to do whatever they wish. Many of those involved have said that letting development happen will lower homeowners taxes. Frankly, I moved here knowing the tax structure and I am willing to pay my fair share for a high quality of life and excellent schools. I am not in favor of this type of development just to supposedly lower my taxes. I realize the land along Highway 114 will eventually be developed. I am not against low density, environmentally dean and safe businesses. But, Southlake must not let their golden opportunity for proper development be swept away in a flurry of ill-conceived development. Thank you very much for taking all of the above into consideration before making any decisions on this rezoning issue. Le' BF 5 3 r , January 29, 1997 TO: City of Southlake Planning &Zoning % RE: Cases #ZA 96-130 #ZA 96-131 #ZA96-132 Greetings: My name is Paul Hendrickson and I am a resident of Southlake, TX residing at 200 Sheffield Court. The above referenced cases submitted for rezoning by Timarron Land Development are of great concern to me and my family. There are a great many issues that need to be addressed and looked at very closely before any further development is allowed along Highway 114. The first concern is a quality of life issue. My family moved to Southlake because it Loffers peaceful surroundings, a low crime rate, an excellent school system, larger lots than normally offered in other communities, a nice lake access and less traffic than congested big cities nearby. in the Southlake did not have the drawbacks of many of the other suburban areas we looked at and it appeared to be planning for the future in a way that would protect this quality of life. The Timarron development as proposed would, in my opinion, detract severely from everything Southlake has to offer. A concentrated commercial/industrial park with everything from: 1. retail to manufacturing, 2. office buildings and hotels up to six stories in height, and 3. no definite buffers between commercial uses and homes or schools. All these things strike me as making all the same mistakes towns like Irving, Arlington, Grand Prairie and Garland, etc. have made in the past. This can only work to lower the property values of our homes, add to the crime rate, create environmental problems and increase traffic problems to an unbearable level. Much of the proposed development will put commercial/industrial businesses right next to schools and increase the traffic on Carroll Avenue which would be a dangerous situation for the three schools along Carroll Avenue. Although I live South of 114, I see 114 as the "Gateway" to Southlake. Any undesirable development will bring down everyone, not just those North of 114 or nearest to Lie REC'Q J AN 3 01997 8 r-31f r" (60, the development. The image for the entire area will be set by what is seen along 114. Congested, overbuilt areas will turn people away and ruin what Southlake has to offer. Issues such as flood control, proper drainage, police and fire protection, etc. must be addressed before the City of Southiake can give approval in any way to the Timarron proposal. The develope,. must be forced to delineate specific plans for each and every tract; otherwise Timarron will have Carte Blanche to do whatever they wish. Many of those involved have said that letting development happen will lower homeowners taxes. Frankly, I moved here knowing the tax structure and I am willing to pay my fair share for a high quality of life and excellent schools. I am not in favor of this type of development just to supposedly lower my taxes. I realize the land along Highway 114 will eventually be developed. I am not against low density, environmentally clean and safe businesses. But, Southlake must not let their golden opportunity for proper development be swept away in a flurry of ill-conceived development. Thank you very much for taking all of the above into consideration before making any decisions on this rezoning issue. Low' P -35 T , .. ? be filled out and mailed to the City of Southiake Planning and Zoning Commission, mellowing form may R�Q ro(; 6 ril rth Carroll Avenue,Southlake,Texas 76092. ,� ei.0 NO.: ZA -1 2 en ti cati n ) y reasons: REFERENCE - for the following (inge_d--)0 r)`I Z-J favor of) (opposed to) (undecided about) the request I am t� J�: '7J S . s — Na �. ,.G sa-� bur : . . si SIGNATURE: (Please Print Name) ,oL,n ADDRESS: OkS-r ' \1112 COOK,STEVEN E ETUX KATHERINE 1981 EAST HIGHLAND 760920000 0 - 1 SOUTHLAKE TX ,pes © r` -fret- ►4��`ss r 0 n �D +0 c.� 7 D r L4 � � D!'�'� � n SAC — o ' � 8 s Jam paa( ; d 0 1` --/- 1) A r a .0,-.01 ,0- .-1--c5 --() e_f-Ls No 6D- _ 6t-1- a..)/ It n (S er---7L; 0 6-- eeA-- 0; t-N c....„ c_ cp -m-r-or ; e__. ..) ) ---. 7\9° CI t-C r?e-rak.. / A 0,,e7 cs / C., )a s s;c: Safi ; 9 --N_ r -/-/► _r` n .SThe cAt" `' C-- ) *-- ' i ---rl.A.5 C_ 0--'?' ' --e__ ----3 l.^-1 (3 ' e- A--'4 6 L -e---c1/4 kirs.---3 0 0 -c--C -t So (A.,--0-. -. ..,rk-e- 0-q (A . S . u) 6.±-efLo oV REC'D JAN 0 s 1997 S3Lc A, The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, -67 North Carroll Avenue, Southlake,Texas 76092. REFERENCE NO.: ZA96-132 (renotification) RED JAN 0 61997 I am (intfamPaz=gf) (opposed to) the request for the following reasons: Because it includes manufacturing, repair services, taverns, clubs, and used merchandise,sales and other uses that I do not want located next to my property; however I would be in favor of the request if it was modified to eliminate those uses,that I have marked through on the attached Summary of Zoning District Symbols a d Permitted Uses. NATURE: �� (. 1A-d'/f)4�l ` ' SIG(Please Print Name) //1 /`I Pat f( ADDRESS: • - ^1 KNIGHT,HAROLD I 1749E HIGHLAND ST SOUTHLAKE TX 760924709 (Iire . . • • • • • ti c\ eE -31 , r7 dd l 1 Summary Zoning District Symbols and Permitted Uses I. cS Community Service District:public and private kindergartens,elementary,secondary schools, universities and colleges; museums; libraries; golf courses; parks; playgrounds; community centers; country clubs; public safety facilities; utility buildings; churches; city halls. . . AG Agricultural District: farms;ranches;orchards;truck gardens; plant nurseries;.single- family detached dwellings(on at least one acre)housing of the owner or operator of agricultural use; supplemental single-family detached dwellings for full-time employees. - RE Single Family Residential Estate District: horticultural activities; agricultural uses for on-premises consumption;single-family detached dwellings(on at least one acre) housing the owner or operator of the agricultural use(entire tract of land at least five acres); parks; recreational spaces; private boat docks; swimming pools; game courts; city halls; fire and police stations. SF-lA Single Family Residential District: agricultural uses for home consumption; single family detached dwellings;minimum floor area of main residence 2,000 square feet; parks; recreation spaces; private boat docks; swimming pools; game courts; city halls; fire and police stations. (Lot area minimum 43,560 square feet) • CP-1B Single Family Residential District: all uses permitted in SF-1A;minimum floor area ofmain residence 1,500 square feet. SF-30 Single Family Residential District: agricultural uses for home consumption;single- family detached dwellings; parks; lot area 30,000 square feet. SF-20A Single Family Residential District: same uses permitted in SF-30; lot area 20,000 square feet; minimum floor area of main residence 1,800 square feet. SF-20B Single Family Residential District: all uses permitted in SF-20A;minimum floor area of main residence 1,500 square feet. • 1Z Family Residential District: agricultural uses for home consumption; single family detached two family we i ' al s aces; city halls;police snd fire stations. h,r,.+tip e -amilY Res'dent•al District: multiple family re ' F-2 •.•�•� -�� halls; '(apartments, condominium eational spaces; city ire stations. (61::\WPFNLISTS\ZONDIST.WPD eP -3 ) r A Office District: accounting and tax preparation; adjustment and collection services; advertising agencies; architecture; banking; billpaying services; business corporate I III headquarters; business holding and investment services; chamber of commerce; chiropractors; computer services; consumer and mercantile credit reporting; contractor offices; dentists; duplication and mailing services; employment services; engineering; finance; interior design; land surveying; law; management consultants; optometrist; physicians; podiatrists; psychiatrists; psychologists;radio recording and television broadcasting; real estate and insurance; savings and loans;securities and commodity brokers; stenographic services; title companies; travel bureaus or services; utility offices; maximum height of 2 1/2 stories. 0-2 Office District; all uses permitted in 0-1; maximum height of 6 stories and 90 feet. C-1 Neighborhood Commercial District: architects; bakeries; barber and beauty shops; cleaners; laundries; gasoline filling stations; grocery stores; meat markets; newsstands; bookstores; restaurants;tailor,city halls; fire and police stations. C-2 Local Retail Commercial District: any use permitted in O-I and C-1; antique shops; bakeries; bicycle sales and repair shops; blueprinting or photostating; book or stationary store; vocational schools; Christmastree sales from " e week bef re Thanksgiving through December 31 cigar or tobacco stores;cleaning and laundries; confectionery stores;. custom dress making; dancing schools; day nurseries;(kir delicatessens; ; drug stores; dry.goods and notion stores; duplicating services;filling stations;financial institutions;florist or gift shops;frozen- -food-lockers; grocery stores; meat markets;health service facilities;jewelry stores; leather shops; optical goods; photography shops; radio and television sales and servicing; restaurants; shoe repair; sporting goods; tailors; automotive accessory sales; variety stores; maximum height of 2 1/2 stories. C-3 General Commercial District: any use permitted in C-2; auditoriums; theaters and cinemas; coin and stamp shops; commercial amusement centers; commercial art galleries; golf courses;department stores;dry goods and notion stores;electrical and gas appliances and supply sales; hardware stores; hat shops; health and physical fitness centers and gymnasiums; hobby shops; furniture stores; lodges; sororities and/or fraternities; medical care facilities; mortuaries; funeral homes; music shops; plant nurseries;pet shops;piano stores; plumbing and heating appliances,-*rpait•and installation sPrvirPs; printing jobs; retail stores; skating rinks;- ornc;- tub ; toy stores; upholstery shops; variety stores; maximum height of 3 stories and 35'feet. mar-aL.Mall rcial District: any use permitted i oor shopping malls• c d• maximum height of 6 stories and eet. (low PF\L[STS\ZOND[ST.WPD y I' t' Heavy Industrial District:all uses permitted in I-1;agricultural implement and tracto sales and service;automobile and motorcycle sales,rental,service; bottl'. : • ants; bric r, •ottery,or terra-cotta making;building material stora:-; . terminal and maintenance • •• contractors plan or stora: •ri s; corrugated metal manufacturing;cottons • _ :e•electroplatin: • • rates;feed grinding and processing; flour mills; food products manu a«:-.: g; grain elevator and storage; lumber yards; machine shops;milling .. •' e home sales, . •ufacturing,storage;household goods moving; oil w •unpment sales;service, storage; • - •s •ceutical manufacturing; po • • •Lidding manufacturing and sales; printing plant or n - •• • r; tile roofing manufacturing; trailer or camper manufacturing; trailer or truck s• , ck or railway freight terminal; truck stops; warehousing; welding shops. HC Hotel District: hotels and motels;public parks and playgrounds;private golf course; city halls; police and fire stations; maximum height of 6 stories and 90 feet. It •I ac : manufactured housing; mobile hom • prefabricated housing;et s ons;maximum height of 2 1/2 eet. PUD Planned Unit Development District: residential and non-residential uses permitted; residential PUD district must be at least 50 acres; non-residential PUD district must be at least 10 acres. . i Site Plan District Regulations(Detailed): to develop different sized and shaped land areas; multiple land uses;to establish compatible land uses;no minimum land area. S-P-2 Site Plan District Regulations(Generalized):. to permit flexibility of area regulations while restricting usages; minimum of two acres. • / 1 LWPF\USTS\ZONDIST.WPD SP LO 4Y : , . \ p Business Service Park District:any use permitted in 0-1;administrative,executive, and editorial offices; • banks;barber and beauty shops; ; banks; barber and beauty shops; book and 1: stationary shops; computer •-•r^••f r, rA and research; dry goods; electronic faartufaeture and research; funeral homes; printing and publishing;- ; avarnifnctur+ng of rn»siral i"s*n'mPrts; medical clinics; nursery yards; ' g; schools; professional and business schools; retail activity; sional - ; security guard quarters; _assembles fine arts training studios; city halls; police and fire stations; maximum height within 100 feet of residential is 1 story and 20 feet; maximum height more than 100 feet from residential is 2 1/2 stories and 35 feet. B 2 rci • anufac automobile or motorcycle sales or rentals; • , , , d 1 • city halls;police& fire stations; maximum height within 100 feet of residential is I story and 20 feet; maximum height more than 100 feet from residential is 2 1/2 stories and 35 feet. , Light Industrial District: any use permitted in 0-1;aluminum product fabrication; `I armature winding; wholesale bakery; blacksmithing or horseshoeing • . oom m•.• facturing; cabinet or carpentry shop; candlemaking; candy • . t; carpet cleanin•, clothing manufacturing; cold storage warehouse; . _•., ercial school; compoundin: , cosmetics and toiletries;creamery and dairy , oduct processing;egg storage, candling, , ing, and grading; electronic co . ••nents manufacturing and assembly; feed stores; g blowing; ice cream -• .g;ice manufacturing and bulk ice storage; insulation appli • ;•n; irrigati• . : es and service;janitorial services; laboratories; linen and towel sery -• ..achine shop; mattress manufacturing or renovation; manufacturing of I. , • cal dental equipment; mini warehouses; monument manufacture; o•• • ental-iron wo • pest control businesses; plastic fabrication;plumbin: • ating,refrigeration; or air c itioning shop; public utility facilities; pump es and service; roofmg contractor;s d door manufacture; sheet met: shop; sign manufacturing; spray painting ; store fixture manu • taring and sales; warehouses; welding equipment and supp ' • city halls; •- and police stations; maximum height within 100 feet of residential is 1 and 20 feet; maximum height more than 100 feet from residential is 2 1/2 stories an feet; minimum lot size of 5 acres. (6. \WPF\LISTS\ZON D I ST.WPD e following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake,Texas 76092. �FERENCE NO.: ZA 96-132(renotification) 1 I am (in favor of) opposed to (undecided about) the request for the following reasons: �� e-a 1997 (SEE COMMENTS BELOW) 4,) SIGNATURE: /J�4-*0,01 , HERNDON,BOYD K E SUSAZI K (Please Print Name) Boyd and Susan Herndon 1201 ASHMORE CTTUX 1201 Ashmoore Court SOUT'HLAKE TX 76�924G02 ADDRESS: • Our family lives at 1201 Ashmoore Court in Highland Estates. Our home is located at the corner of Ashmoore Court and E. Highland St. and thus our house is contiguous to the property which is referred to as "Tract III" in Timarron Commercial 's proposal. We have the following comments concerning the proposed zoning changes: (1) SAFETY ON E. HIGHLAND ST. E. Highland St. is a narrow two lane street L. which serves as one of the primary routes to Johnson Elementary School and Carroll Intermediate School. The most recent proposal from Timarron Commercial calls for "minor access" from the commercial development to E. Hi o E. Highland St. would pose a very significant safety threat gtoo students Additional Carroll raffic on Independent School District. Our family requests that, as a condition to approval of any zoning changes to Tract III, the Planning and Zoning Commission require Timarron Commercial to agree that the development plan will not include ANY access to E. Highland St. • (2)BUILDING HEGHTS IN TRACT ILL The most recent proposal from Timarron Commercial would allow the construction of SIX STORY buildings in Part A of Tract III. This portion of Tract III is directly across the street from Highland Estates, a residential • neighborhood for over 15 years. Construction of SIX STORY buildings in Part A of Tract III would destroy the residential character of Highland Estates. Our family requests that any buildings in Part A of Tract HI be limited to two stories. (3) BUILDING SETBACKS IN TRACT ILL In addition to the building heights, our family is very concerned with the building setbacks proposed for Part A of Tract III. In order to preserve the residential character of Highland Estates, our family requests that the building setbacks for that portion of Part A of Tract HI which is directly south of Highland Estates (Ashmoore and Blythe) be set at a minimum of 300 feet. Thank you for this opportunity to give input on these critical issues. Boyd, Susan, Sarah and Laura Herndon . , ' t • . \ 1 1 i Uz a (WI 1 C.:: .1 1 1 g I '< T / \ ,A H �� E ✓, l� �� � as it r!m= 96 t ��tC47. ins a.g I1/ ii . 1 aallifirrill 1p 0,,, 4 trAid" - mill„....„ 4.1 i . ,,, ILVIIVIr‘- "r1Lalki,--Fi-i It FA r "orAk rib?? liaitH r'= fir I 9' ! t t k I ��� < <ar^��\ ` "-=("iith:T. "" Lt[ Lh tiAl 1 , ikAll std ...... if I 1 iligniiiierrAirtiiii. iiiii A______ -� N. p lir Z0. O : p le 0 ; (1-41/ g --c I ii amii___or* , x , "1 -- i 1 K i z ,. .._. aw 1,..:11)._. _., i . , 10...p.1111 „ait'-'""3 '* ! i \ -E, ‘7,_ . ..,...Q I I 4Ai„/ ' T'. ill f 'IlL_...www./. _- 4 ---I . � � I 11, 0,--1 ' ; . . M9,4 . . , I o 8 --L9N 68 • • • ., (we 1® iTiuill \ \ U W c6 w. w Ua � �`� ›+ 4-4 : 1 x ti _I i u (• 3 (. 1, z , . E- .] �1i N' cal '' r �S ® '' ( li ', E + ' _ _ • I• V T(v I am L a 1� i � . r W Q .( , 1 _ F$ i f ce ` t1 ' T' ;: Q ,' \i CA I. I . VD i , ,...4,-v3--, 1.., k 0. \ , � I v) T _ - rc ,• . cm). Lie - . - ., �- i •i ;i - • �,: •' i i 1 ' 4 Ca is `; '( z 0 q CO )-- 1 \° 1 'NI - 4, ''- z c9 CA It ' lam. 0 J •'o .' u cc-, i . - P rI . , V te •N .V/R,� •�!. ( I '• a % V— a 1 0 • .. •• L., . \ • .4 / . . . u vjicc 0—I 0 52. E....4 BP -LI 3 56 • 0 a r ADJACENT LAND OWNERS AND ZONING FOR ZA96-132 03-Jan-97 Owner Name Zoning 01 HEWITT, R. SF-1A 02 THOMAS, G. SF-1A 03 HERNDON, B. SF-1A 04 KREYCIK, C W AG 05 BRAUN, F. SF-1A 06 KNIGHT, H. AG 07 CARTER, L. AG 08 COOK, S.KATHERINE SF-1A 09 HARDIN, R. SF-1A 10 QUINN, M. AG 11 RODGERS, C. AG 12 RECORD F. AG 13 HUNING, E. AG 14 MCMANUS, S. AG 15 MILLER, H. AG 16 BERRY, C. AG 17 STEGALL, M. AG 18 TRANSPORT UNION HALL 01 19 ESPINOSA, L. AG 20 REMMER, B. AG 21 TAYLOR, E. AG 22 RODGERS, L. AG 23 KNIGHT, J. SF-1A 24 RESTER, M. SF-1A 25 HEMYARI, D. SF-1A 26 RUIZ, C. SF-1A Lari, (lbw Owner Name Zoning 27 HOWELL, D. SF-1A 28 PAFEL, T. SF-1A 29 BERK, L. AG 31 PETERKA, C. C3 32 FECHTEL GROUP, THE C3 33 GREENWAY-CARROLL ROA C3 34 D/FW CARROLL ROAD LTD AG 35 STEELE, R. AG 36 PERIMAN, L. AG 37 SCHENK, J. SF-1A 38 COLLINS, T. SF-1A 39 JOHNSON, D. AG 40 CARROLL ISD CS 41 EUBANKS, M. AG 42 PATTERSON, C. AG 2 • City of Southiake,Texas CONCEPT PLAN REVIEW SUMMARY ease No:ZA 96-132 Review No:Two Date of Review: 5/30/97 Project Name: Concept Plan for"NR PUD" Zoning-Tract III Timarron Commercial.200.822 acres situated in the Richard Eads Survey,Abstract No.481 and in the Thomas Mahan Survey.Abstract No. 1049 APPLICANT: PLANNER/ENGINEER: Timarron-Westerra Carter& Burgess. Inc. 7605 Virginia Parkway 7950 Elmbrook Drive. Suite 250 McKinney.Texas 75070 Dallas. Texas 775247 Phone: (972) 529-5988 Phone: (214)638-0145 Fax: (972)529-5540 Fax: (214)638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/23/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. On the Concept Plan, correct the zoning designation for Lot 6 of the Oaks Addition to reflect "SF-lA". C2. Delete the note,located at the bottom of the legend on the Bufferyard/Open Space Plan,regarding the applicability of the Corridor Overlay Zone which will be determined under the criteria set forth in the Zoning Ordinance No. 480, Section 43.5,as amended. 3. On Page DR-3(under Permitted Uses),add the following language to the statement regarding"similar uses and uses not defined by current technology:" ". . . shall be subject to the approval criteria established in the Zoning Ordinance 480, Section 44.4, as amended." 4. A minimum of an additional four feet(4') of right-of-way, (based on the minimum R.O.W. width required to accommodate the street cross section)must be provided for the City Trail System along the proposed internal collector connecting Carroll Ave. and Kimball Ave. * P&Z Recommendations(2/13/97):Subject to Concept Plan Review Summary No. 1 dated October 11, 1996, with the following amendments: • * no impervious coverage in the flood plain with the exception of trails; (shown on DR-17, last bullet) * 50' bufferyard on the north property line of Tract IIID; (shown on Bufferyard/Open Space Exhibit, after DR-16) * 4:1 slope from Timarron's property line versus the residential property line; (shown on DR-13) any "HC"Hotel District uses in Tract IIIC will be located at least 400'from the north property line;(300' shown--to be consistent with other similar setbacks throughout Tracts I and II,see note on Concept Plan) 8P- 'u City of Southiake,Texas * Applicant will comply with the Landscape Ordinance, and for every story y from two (2) to four (4), they will add 1%of the lot area to the required landscaped area, and for every story from five (5) to six(6), they will add 2%of the lot area to the required landscaped area; (shown on DR-16,DR-18) * "CS"Community Service uses will be added to "B-1"Business Service Park and "0-1"Office uses in the additional notes for "crash gate"access to Tract I1b1; (shown in legend on Concept Plan) * the following "C-2"Local Retail Commercial uses would be permitted by Specific Use Permit only: duplicating service,printing, lithographing, mimeographing, multi-graphing and offset printing; (shown as SUP only on DR-9)) * "C-3"General Commercial uses would be limited to 20%of the gross acreage in Tract IIIB and "C-1"Neighborhood Commercial and"C-2"Local Retail Commercial uses would be limited to 50%of the gross acreage in Tract IIIB and in Tract IIIC. (Noted in legend on Concept Plan per similar regulation approved by City Council in Tract II.) * A development plan specifying the intended use and development regulations for each proposed lot • must be submitted prior to or concurrently with the preliminary plat for this site. 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 or site plan for this site. The TIA must encompass the entire tract and not just the portion for which the development plan is being submitted. * Although no review of the following issues is provided at the concept plan level, staff.strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of a site plan. Note that these issues are only the major areas of the plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation of proposed buildings per§43.9Cle, Ordinance 480,' as amended in areas subject to the Corridor Overlay Zone. • Masonry requirements per §43.9C 1 a, Ordinance 480, as amended and Masonry Ordinance No. 557. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480,as amended. • Bufferyards according to Ordinance 480, §42 and §43 • Screening according to Ordinance 480, §39. • Residential adjacency standards per§43.11 and Exhibit 43-E on Page 43-15, Ordinance 480,as amended. • Spill-over lighting and noise per§43.12, 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. • Driveway spacings and design criteria per the Driveway Ordinance No. 634. • Fire lanes must be approved by the City Fire Department. City of Southiake,Texas * It appears that 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. * The applicant should be aware that prior to issuance of a building permit, a final plat must be submitted for approval and filed in the County Plat Records,a site plan,landscape plan,and irrigation plan along with the 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 pnd Tap Fees,and related Pernut Fees. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 6/9/'97. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment cc: Timarron Land Corporation Carter&Burgess,Inc. L:1WP-FILESIREVW6196-132CP.2 • 8L1S 1 Id 1-11::$1/ )004 l 10 111; i d \ / Co, $OP ki 1 Ili IIII tailx1s IA z g owl, � �•+N i. / \ •1• 11iI 1 1 1 1 iHi11111 1 .2ll h g UtUIJ! spii, fb' 1 alI axis a Pi p4 MNM • ��V I I IU . W 11 , ._ 1:::: i iff wz., ,i. la gip 11.. 4 0 11 aim on CZ EiliPa4"5 • I• f a 'V... ( \" 9111P.11.41 i 1..._ter:. 4 1........,......_. ,,,,..i* ,ewcz, 71..........,....... 1111 1 I " 4 fv,. 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HT • • June 3. 1997 96204401.R03 (ewe CITY OF SOUTHLAKE, TEXAS 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 THEp gCITYr� pOF SOUTHLAKE,3 TEXAS ,BEING k .: t�F UdF 1�@rr 11€ sit �':' /4Q)& ,'.4:7L1:.:ia4 $ s._t?. %i T. � ':l „;.::Qw. li! A s $2 b�`s q$u @b , .€3 e� C i, �b Al l s4 i£': 3 ,>.l i�t . xdxa u'.... �:' „ ,�' xg,.�.,i,P; -, r,a,,,, ?:,., .?ue.. i�.�, :. . .;:,✓. AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM ' 9 eat a. P ';1 3 3 s« i r•x r sr•*t i E:v:. t; s! fc E a :! (" :, e r '. 't ! ;i;� -s1 r rt 3(, a .1e Pam• i f 1 Y :p.. he .. k c 9[ � ! ;T4,0i h 3 L.�E) E7 ki.`:5$Sia47fr j...,. �'d �.`&�,,smR3Q. „� n y�+', S%d,<�» @>.,a,���a' ... . P.c' S F� t..�Say ,.,. `Fw �,'L .2b;+ Trir»a B`. 1yc f 1r •! s"$"kt r !t i" xv b (111111e ,p.,;1.!;,1;1:::i,I.!::g.,;:-'1,1!:5:.'.•..',...::. .:...:..:::...-':.1:h:!...„.'i,::'r;',1i11,...!.: ti:;:$:4:;. k'7& n }4p gip k ��5 r& ^t .�. .` '' �^ s � � �w�.... � �f ff { �. �... ° r;t6 '�i Ewa gsy � C C R.4:V. .- A - i € L/§ I A<£E $`$' $ - Fa it f C: 44 ?>..z p r _ :-V1„.R £'1�4§ &S L Y$ ;N F J t f�i $ ''b� \E L $ g & 1.( '"""yw 3'�,f, pp< ',..g�9. .e>a�.jas'Fo .y gC �x.r®:.„ '':.. e.:.,$,¢��'a�»� �'1��:: e. �t(w_...:gp:��� �� EP Aug;:�fl� 2l 1VI : � �." � . *. iik,. y L. �i.1. .. . 4£a 4,°,.1 -jr.F 1i 1 fiLl1f S:',,4' 1 ' ` a ..% SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL.WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 L adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, L:\CTYDOC S\ORD\CASES\480-222.PUD Page 1 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 v : ' °.. � :s• , , zL.% 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 generarwelfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is L:\CTYDOC S\ORD\CAS ES\480-222.PUD Page 2 • L 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 achange since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas,and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No.480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 7 p ;; tract of land situated in th 5 0 : : g g n ,, R. . . w . ;i _ , and more fully and completely described in Exhibit "A" attached hereto and incorporated herein,fro #a �� �0` cG se 3a to@ R�p.,•9 M#t ��s P1 4, f.,,i4321�r �$,..! s ). P.i.: 4i 0 1kDA 4 lia � 04e,l asp ,gip of 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 L:\CTYDOCS\ORD\CASES\480-222.PUD Page 3 SF- 5 3 • (we of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates,disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10)days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1997. MAYOR L:\CTYDOCS\ORD\CASES\480-222.PUD Page 4 P-51-1 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR ATTEST: CITY SECRETARY L EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L L:\CTYDOCS\ORD\CASES\480-222.PUD Page 5 _J EXHIBIT "A" kipeo, BEING A 200.822 ACRE TRACT OF LAND SITUATED IN THE RICHARD PADS SURVEY, ABSTRACT NO.481,AND THE THOMAS MAHAN SURVEY,ABSTRACT NO.1044,IN THE CITY OF SOLTTHIAICE,TARRANT COUNTY,TEXAS AND BEING ALL THAT TRACT OF LAND, DESCRIBED IN DEED TO TIMARRON LAND CORPORATION (FORMERLY KNOWN AS BEAR RECORDS co TUNE •INC.)RECORDED IN VOLUME 10136,PAGE 0916,OF THE DEED OF LAND D ARRANT COSY'TEXAS AND AIL OF THAT CALLED ED 27.0497 ACRE TRACT CORPORATION,RECORDED IN VOLUME 10136,PAGE 0902 OF THE DEED RECORDSLANDCRIBED IN DEED TO TLMARRON TARRAHI. COUNTY,TEXAS.SAID 200.822 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 114 (220'R.O.W.)FOR THE MOST SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG SAID RIGHT-OF-WAY LINE,THE FOLLOWING TWO CALL& ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5619.58 FEET A DELTA ANGLE OF 11^41'53",A LONG CHORD THAT BEARS N 53^39'Sl"W A DISTANCE OF 114536 FEET,AN ARC DISTANCE OF 114735 FEET TO A POINT FOR CORNER; N 48^02'05" W,A DISTANCE OF 106818 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG THE WEST LINE OF THE HEREIN DESCRIBED TRACT THE FOLLOWING NINE CALLS: N 00 N 00^42'2 E,A DISTANCE OF 357.47 III' TO A POINT FOR CORNER; "E,A DISTANCE OF 228.20 kuni TO A POINT FOR CORNER; N 04^06'03' E,A DISTANCE OF 100.06 YEW! TO A POINT FOR CORNER; N 04^13'07" E,A DISTANCE OF 99.99 FEET TO A POINT FOR CORNER; Frzf TO A POINT FOR CORNER; N 04^8''27" B,A DISTANCE OF 98.0 A DISTANCE OF 19815 FEET TO A POINT FOR CO RNER; S 87^46'19" E,A DISTANCE OF 425.23 FEET TO A POINT FOR CORNER; N 04^15'49" E,A DISTANCE OF 604.44 FEET TO A POINT FOR CORNER; (111101 N 03^44'21" E,A DISTANCE OF 237.82 FBI' TO A POINT IN THE APPROXIMATE CENTERLINE OF HIGHLAND DRIVE FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE S 89"33'54" E,ALONG SAID APPROXIMATE CENTERLINE AND THE NORTH LAME OF THE HEREIN DESCRIBED TRACT,A DISTANCE OF 162320 FEET TO A POINT FOR THE MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE S 00^00'37" E,ALONG AN EAST LINE OF THE HEREIN DESCRIBED TRACT,A DISTANCE OF 1337.90 1'EE1 TO A POINT FOR CORNER; THENCE S 89^42'05" E,ALONG A NORTH LINE OF THE HEREIN DESCRIBED TRACT,A 'DISTANCE OF 1319.92 FEET A POINT FOR THE MOST WESTERLY SOUTHWEST CORNER OF SAID 27.0497 ACRE TRACT; THENCE N 00^12'47" E,ALONG THE WEST LINE OF SAID 27.0497 ACRE TRACT,A DISTANCE OF 750.76 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID 27.0497 ACRE TRACT; THENCE ALONG THE NORTH AND EAST LINES OF SAID 27.0497 ACRE TRACT,THE FOLLOWING TWELVE CALLS: S 88"53'12" E,A DISTANCE OF 346.27 FEET TO A POINT FOR CORNER; S 02^23'15" E,A DISTANCE OF 90.14 FEET TO A POINT FOR CORNER; S 88^5175" E,A DISTANCE OF 386.72 FEET TO A POINT FOR CORNER; • S 01^16'28" W,A DISTANCE OF 74.38 FEET TO A POINT FOR CORNER; S 89"03'52" E,A DISTANCE OF 569.97 FEET TO A POINT IN THE WEST RIGHT-OF- WAY LINE OF KIMBALL ROAD; S 01"01'54" W,ALONG SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 107.94 FEET TO A POINT FOR CORNER; N 89"07'11" W,A DISTANCE OF 85629 FEET TO A POINT FOR CORNER; S 00^01'38" W,A DISTANCE OF 75.54 FEET TO A POINT FOR CORNER; S 89^08'38" E,A DISTANCE OF 454.18 FEET TO A POINT FOR CORNER; S 00"02'47" W,A DISTANCE OF 208.04 FEET TO A POINT FOR CORNER; L S 89"05'52" E,A DISTANCE OF 408.65 FEET TO A POINT IN SAIl) WEST RIGHT-OF- WAY LINE; S 00^04'06" E,ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 67L39 FEET TO A POINT FOR THE SOUTIT AST CORNER OF SAID 27.0497 ACRE TRACT; L:\CTYDOCS\ORD\CASES\480-222.PUD Page 6 L, THENCE N 89^01'S1" W,ALONG THE SOUTH LINE OF SAID 27.0497 ACRE TRACT,A DISTANCE OF 99456 FEET TO A POINT FOR THE SOUT ERLY SOUTHWEST CORNER OF SAID 27.0497 ACRE TRACT; THENCE ALONG THE EAST AND SOUTH LINES OF THE HEREIN DESCRIBED TRACT,THE FOLLOWING NINE CAII S: S 006%151.4" E,A DISTANCE OF 633.27 FEET TO A POINT FOR CORNER; N 89^1T42" W,A. DISTANCE OF 22L28 FEET TO A POINT FOR CORNER; S 05^31'04" E,A DISTANCE OF 230.77 FEET TO A POINT FOR CORNER; S 80^02'29" W,A DISTANCE OF 218.93 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 174..r.1;A DELTA ANGLE OF 100^04'29",A LONG CHORD THAT BEARS N 496%5516"W A DISTANCE OF 3832 Ifeas1,AN ARC DISTANCE OF 43.67 FEET TO A POINT FOR CORNER; S 00^06'58" B,A DISTANCE OF 36.91 FEET TO A POINT FOR CORNER; S 89"33'49" W,A DISTANCE OF 285.01 FEET TO A POINT FOR CORNER; _ N 89"41'08" W,A DISTANCE OF 907.52 FEET TO A POINT FOR CORNER; S 36^2213"W,A DISTANCE OF 772.65 FEET TO THE POINT OF BEGINNING,AND CONTAINING 200.822 ACRES OF LAND,MORE OR LESS. • L L:\CTYDOCS\ORD\CAS ES\480-222.PUD Page 7 r EXHIBIT "B" E ::!..loi : i - g 11 � & a � l 1 R s o Rya .a F� (...., \ / -' :g ig .1 gn 1 I k ig < 1®- .. 0 ilgl i 111 Iii 1 { 4 1 : igall 1 Z t gi z 110 ► 1 i i iigilliiii 4 ;1 4 Q iii a U / \ ;;, § I I 1 to ws I i il 41 k.)s; 11111111111 .111111111 % 1 gb 1 el Ui1 [U age§a IP R , q li RI gi u iiii :1 4.4C:4 «�« iz 141 •St), . ---- --' - -- -- --- 1----- - --- — o amg ; 7,....... a . - fr �I ° a:tiitiai ••_•BIri�AY 1Wi ..�, C 1111 I --- - =.�,1�r.. 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AN um; ri, , b.,/ ---• Wail, LACTYDOCS\ORD\CASES\480.222.PUD g k iiigi Page 8 t c r • TIMARRON COMMERCIAL TABLE OF CONTENTS TRACT III DEVELOPMENT REGULATIONS • PROPOSED LAND USE CATEGORIES • PERMITTED USES • DEVELOPMENT STANDARDS • LANDSCAPING AND OPEN SPACE • CONCEPT PLAN EXHIBITS • 50' BUFFER YARD SECTION • BUFFER YARDS AND OPEN SPACE PLAN • CONCEPT PLAN LBACKGROUND INFORMATION • ENGINEERING ANALYSIS • TRAFFIC STUDY • RUNOFF STATEMENT RECD MAY 2 31997 L June 3,1997 96204401.R03 1 PROPOSED LAND USE CATEGORIES Timarron Land Corporation is requesting a Non-Residential P.U.D. zoning category for Tract III in its entirety. 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. zoning request will divide Tract III 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) • B 1 - Business Service Park District(Sec. 24) PARCEL B • CS - Community Service District (Sec. 8) • O1 - Office District(Sec. 18) • 02 - Office District(Sec. 19) • Cl -Neighborhood Commercial District (Sec. 20) • C2 -Local Retail Commercial District (Sec. 21) • C3 - General Commercial District(Sec. 22) • B 1 - Business Service Park District (Sec. 24) • HC - Hotel District(Sec. 28) PARCEL C • CS - Community Service District(Sec. 8) • 01 - Office District (Sec. 18) • 02 - Office District(Sec. 19) • Cl -Neighborhood Commercial District(Sec. 20) • C2 -Local Retail Commercial District(Sec. 21) • B1 - Business Service Park District(Sec. 24) • HC - Hotel District(Sec. 28) L June 3, 1997 96204401.R03 DR-1 PARCEL D • Residential* • CS - Community Service District(Sec. 8) • 01 - Office District (Sec. 18) • B 1 - Business Service Park District(Sec. 24) * The Non-Residential PUD shall allow ancillary residential uses, limited to the zoning classifications RE, SF1A, SF30 and SF20 up to 10% of the land in the NRPUD (20.08 acres). 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. L L June 3, 1997 96204401.R03 DR-2 PERMITTED USES It is intended that the Non-Residential P.U.D. shall permit those uses defined under the zoning 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 III. RESIDENTIAL I. Permitted Uses 1. RE - Single Family Residential Estate 2. SF 1 A- Single Family Residential 3. SF-20 - Single Family Residential 4. SF-30 - Single Family Residential L June 3, 1997 96204401.R03 DR-3 CS- COMMUNITY SERVICE DISTRICT I. Permitted Uses - BY SUP ONLY 1. (Deleted) ** 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. (Deleted) ** 6. Public safety facilities ** 7. Religious institutions ** 8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills, and transfer stations) L L June 3, 1997 96204401.R03 DR-4 ** Use Permitted by SUP Only 0-1 OFFICE DISTRICT I. 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 L June 3, 1997 96204401.R03 DR-5 ** Use Permitted by SUP Only 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 L L June 3, 1997 96204401.R03 DR-6 ** Use Permitted by SUP Only L0-2 OFFICE DISTRICT I. Permitted Uses A. Any use permitted in the 0-1 Office District B. Day nurseries or equivalent child care facilities L L June 3, 1997 96204401.R03 DR-7 ** Use Permitted by SUP Only C-1 NEIGHBORHOOD COMMERCIAL DISTRICT II. 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). L L June 3, 1997 —Use Deleted from Zoning Request 96204401.R03 DR-8 ** Use Permitted by SUP Only C-2 LOCAL RETAIL COMMERCIAL DISTRICT I. Permitted Uses 1. Any use permitted in the 0-1 Office District 2. Any use permitted in the C-1 Neighborhood Commercial District ** 3. Cleaning, dying and pressing works; laundries and washaterias 4. Antique shops 5. Retail sail bakeries 6. Bicycle sales and bicycle repair shops 7. Blueprinting or photostating 8. Book or stationery stores 9. Business colleges or private schools for vocational training of office related careers 10. Christmas tree sales 11. Cigar or tobacco stores ** 12. Cleaning, dying and pressing works; laundry and Laundromats 13. Confectionery stores 14. Custom dress making or millinery shops 15. Dancing schools 16. Day nurseries 17. Delicatessen shops without size limitations 18. Dog and cat hospitals (excluding large animal clinics) 19. Drug stores 20. Dry goods and notion stores provided that the floor area of such facility not exceed eight thousand (8,000) square feet ** 21. Duplicating service, printing, lithographing, mimeographing, multi-graphing and offset printing ** 22. Filling stations or service stations, operating with/without a convenience store 23. Financial institutions 24. Florist or gift shops ** 25. Frozen food lockers 26. Grocery stores and meat markets 27. Health service facilities 28. Jewelry stores 29. Leather and leather good shops 30. Optical goods 31. Photographs, portrait or camera shop and photo finishing • 32. Radio and television sales and servicing 33. Restaurants, tea rooms, cafeterias, fast food and"take-out" food restaurants 34. Shop repair services 35. Sporting goods, including gun sales and repair 36. Tailor ** 37. Tires, batteries and automobile accessory sales Ihkror 38. Variety stores June 3, 1997 -Use Deleted from Zoning Request 96204401.R03 DR-9 ** Use Permitted by SUP Only C-3 GENERAL COMMERCIAL DISTRICT I. Permitted Uses 1. Any use permitted in the C-2 Local Retail Commercial District ** 2. Auditoriums, theaters and cinemas 3. Coin and stamp shops ** 4. Commercial amusement centers and bowling alleys 5. Commercial art galleries ** 6. Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses 7. Department stores 8. Dry goods and notion stores 9. Electrical and gas appliances and supply sales, electrical and gas repair and installation services (excluding propane tank sales) 10. Hardware, paint, and wallpaper stores 11. Hat shops 12. Health and physical fitness centers and gymnasiums 13. Hobby shops 14. Household and office furniture, furnishings and appliances 15. Lodges, sororities and/or fraternities 16. (Deleted) 17. Mortuaries, funeral homes and undertakers (excluding cemeteries, crematories and mausoleums) 18. Music or record shops 19.Nursery buildings 20. Pet shops 21. Piano stores, musical instruments and supplies 22. Plumbing and heating appliances, repair and installation services (excluding propane tank sales) 23. Printing, lithographing or duplicating jobs 24. Retail stores, business or shops for custom work 25. Skating rinks, ice and roller ** 26. 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) 27. Toy stores ** 28. Upholstery shops - furniture 29. Variety stores L June 3, 1997 —Use Deleted from Zoning Request 96204401.R03 DR-10 ** Use Permitted by SUP Only B-1 BUSINESS SERVICE PARK DISTRICT I. Permitted Uses * A. Office and Commercial Uses 1. Any use permitted in 0-1 District 2. Administrative, executive or editorial offices for industrial organizations ** 3. Apparel and millinery manufacturing and assembly 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. (Deleted) ** 9. Electronic manufacture 10. Funeral homes(excluding cemeteries, crematories, and mausoleums) ** 11. Lithograph, engraving, printing and publishing ** 12. Manufacture of medical and dental equipment ** 13. Manufacture of musical instruments 14. Medical clinics ** 15. Nursery yards or buildings for retail sales and landscaping companies ** 16. Optical instrument and lenses manufacturing 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. Scientific and professional instrument manufacturing 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 B 1 zoning district shall require a SUP. L June 3, 1997 —Use Deleted from Zoning Request 96204401.R03 DR-11 ** Use Permitted by SUP Only , "HC" HOTEL DISTRICT I. 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) L L June 3, 1997 —Use Deleted from Zoning Request 96204401.R03 DR-12 ** Use Permitted by SUP Only 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 ordinances as they are adopted or amended for each land use category with the following exceptions: BUILDING SETBACKS Setbacks for Tract III 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 Timarron property line where it is adjacent to residential areas. Setback Adjacent to Residential RES 35'* CS 100' Min.* 01 100' Min.* 02 100' Min.* Cl 100' Min.* C2 100' Min.* C3 100' Min.* B 1 100' Min.* HC 100' Min * * Once a specific used is identified for Parcel IIIC, the City Council reserves the option to require a 300' building setback from the adjacent property to the north(identified as TRI and TRIB on the Tract III Concept Plan). L June 3, 1997 96204401.R03 DR-13 , LBUILDING HEIGHTS Maximum building heights for Tract III land uses shall be in accordance with the following table. Maximum Building Height RES 35' 2.5 Stories CS 35' 2.5 Stories 01 45' 2.5 Stories 02 90' 6 Stories Cl 45' 2.5 Stories C2 45' 2.5 Stories C3 45' 3 Stories HC 90' 6 Stories B l 45' 2.5 Stories L June 3, 1997 96204401.R03 DR-14 LBUFFER YARDS Perimeter buffer yards for Tract III shall comply with the Comprehensive Zoning Ordinance No. 480 and shall have minimum widths in accordance with the following table: Adjacent to E. Highland,N. Kimball and North Property Adjacent to Line of Parcel III D Residential* Other RES 50' 25' 25' CS 50' 35' 25' 01 50' 35' 25' 02 N/A 35' 25' Cl 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 III. Refer to the Buffer Yard and Open Space Plan exhibit for the general location of each buffer yard type. L June 3, 1997 96204401.R03 DR-15 1 50' BUFFER YARD SECTION ADJACENT TO N. KIMBALL AVENUE. E. HIGHLAND STREET AND THE NORTH PROPERTY LINE OF PARCENT IIID (IF THE PROPERTY NORTH OF IIID BECOMES RESIDENTIAL). 50' BUFFER YARD es ca.) \AO 1.„400-,„top -vow 1phr PARKING p •.;� _.►-„�' "I"%w� -S' HT. `tEANDERh BERM ..J ` . AVG. HT L June 3. 1997 96204401.R03 1 1 ,,. LANDSCAPING AND OPEN SPACE LANDSCAPING The landscaping area for each lot will comply with the requirements of the Landscape Ordinance No. 544. For 02 and HC uses, additional landscaping will be provided in the amount of 1% of the lot area for every story from two (2)to four(4) plus 2% for every story from five (5)to six (6). 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. Timarron Land 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 III. 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'\_ 7,-- . . -.0!...-...// ip,I , . -T.. .),),4.,r...,......;., 1 \ / 1,J)ii.,) ;\ cl,„ \-K,,-.-- ;*,,.)-. ,,*,..e, , I f {,/I/4K/\ -1-iSt' . , ,...... ..• • - -,-,-7--/ .-,„,IV"-,' !. -'64-,,fe. li\I V 1 ) '", !k '..t..&,'N' ,-., fr--P' LEGEND ,,..0.‘0!....1,i./i`7§t&.,7...,,4 . k.„..:._... \.,,R.L,,,,..) v..1,..c.",)..,...\,.,.--:.,. .,..„:-, ,:ris:::,,,e4.-%):2\??.),\,...c.,,,\---, .-'-'....-_,,,:....-.:4,,,,,,,::,,,,\:of,,N,„:,,,,,:1,.:4.:-....,,x,','.:-..•;:.3— PROPERTY SUBJECT TO CORRIDOR 'a:!:y19..1. 6;,,,'S.tZ,T. , -;''..?,-;?--i'N:;,„,.,,,-"N:'1,%`";.:,..).,..';''''."-:4.f.'17; 75,t,,,,,, • ..s.', OVERLAY REGULATIONS ,- -k\-1",.i.:-.,V•tr: ,4.(j',/-...?'/..,;:-/'(---7 ) ',-:,N...;.g.,. , Niii ii,..) ,, ,',„.•,,ii 7,,,,, 171 / i ,..-i?,to„. ' ...;.,... ,—,. ''.., 7C' I i i s Fr 7: fi''II?.II'...' '\`, ) `-•=.3:.;':cs MI- AREAS TO BE PRESERVED AS -;4. 1,4vJzi-:•:-, q'j:Iii it•O p)' qc \,, , -1, •Tfi.a. .V: BUFFER YARDS OR OPEN SPACE l • ,:•; ..r, (1•)\-'' '',\) !,1:. '•iiiliMs-/) \ i, \ ', i.., r... '. ':::::\c'''.2] 1 1?",1'117.1 "ff., 1) !11' i 1 11.4'i i )i 4 i % \ \ 1 1:....-.\; :zA`-r,--t i --'-7 pit i.''; ‘r / ! „) ',....- v / ,,, \ )--•,:',..1— PROPERTYLAUSE DPLANESIGNASATEDLoW044EDN THE mm ....';' ' 0 .7 ')11' ‘, ( '-',, i 1 ,i'',1- '.' '' -''7-- . (7c i ' -',c-----A, i '' jr______ ,,_0 ,..;.) ,.. :, l; 1 1,,\w-)) ) • \,, '-') -i!,------„r.,., , ,,,';'-::74-,::-A lli/))1 1( \'.,, (''' ci „/".,- ..,:r..• -,'" .„) RESIDENTIAL ' 1 *---/2:;"' '- '"' ' /3 /1 \ / \ r i --'-'-'-'-iC- 1— — — — POTENTIAL WATERS OF THE ' / '.."' VtiCX:-.."'"I C C \,. 1 ) ' ...,-/;;-''''''./ / •',et '1 .t. ' ;) '1( ',„ 1 \ 14/[../ /0," 0 UNITED STATES ,,,,,, \. ) , 7"/i I / )1N cosamoa mammy ZONE mamas MP attaaart OP AIL 111.011221E1 'ti)11\::*' ,:.--. ; ;,0 ) , / ,) • P /,,,--------•,.. (1 CFI Moon+oa ABS LOOMED!MEM row ata Futon Sa.114 TRACT III JUNE 3,1997 ID AND OPEN SPACE PLAN CITY OF SOUTHLASE,TARRNAT COUNTY,TEXAS CARTER & BURGESS,INC FOR 200M ACRE PROPOSED PLANNED UNIT DEVELOPMENT TIM ARRCIAL L. CONCEPT PLAN This submittal responds to the concept plan requirements defined in sections 30 and 41 (as amended by Ordinance No. 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 III The following table demonstrates land uses categories permitted for each parcel within Tract III. The attached exhibit"Concept Plan" further illustrates the general location of each parcel. PARCEL Area LAND USE CATEGORIES A 32.23 ±AC Residential, CS, 01, B1 B 77.76 ±AC CS, 01, 02, Cl, C2, C3, B1, HC %beC 63.85 ±AC CS, O1, 02, C1, C2, B1, HC D 26.98 ±AC Residential, CS, 01, B 1 SPECIAL RESTRICTIONS • Ancillary residential uses RE, SF 1 A, SF30 and SF20 are not to exceed 20.08 acres for the entire Tract III Non-Residential P.U.D. and shall not exceed a density of 1.0 du/ac. • Access to East Highland Street will be restricted to one full access location for residential uses or one emergency "crash-gate" for CS, 01 and Bi uses. • Commercial uses (C1, C2, and C3) combined shall not exceed 50%of the gross parcel area for Parcel IIIB or 50% of the parcel area for Parcel IIIC. • Once a specific user is identified for Parcel IIIC, the City Council reserves the option to require a 300'building setback from the adjacent property to the north(identified as TM and TRIB on the Tract III Concept Plan). • There will be no impervious coverage permitted in the flood plain with the exception of pedestrian trails. June 3, 1997 96204401.R03 DR-17 ti • The landscaping area for each lot will comply with the requirements of the Landscape Ordinance No. 544. For 02 and HC uses, additional landscaping area will be provided in the amount of 1% of the lot area for every story from two (2) to four(4) plus 2% for every story from five (5)to six (6). QUALITY AND CONTINUITY OF DEVELOPMENT It is Timarron Land's intent to have in place master design guidelines to create continuity and quality at the development plan stage for Tract III. The design guidelines will be available for review at the time of development plan submittal. ;we. June 3, 1997 96204401.R03 DR-18 • PARCEL A 92.23*ACRES PROPOSED ZONING NON -RESIDENTIAL PUD 'ACED USE BUSINESS PAW (RESIDENTIAL,CS,01,B1) EXISTING ZONING - AG EXISTING LU.D.- MIXED USE *soh PROPOSED LUD.- MECED USE 1 4w r.,i • - ,... SPIN EA /. A I. ...LT/ •U LUD.- AI . .._ _ ,o- t 1.4! r ' IIb. vD, eu�c rI.. p r c L'D.-1� ..: O C - II wn ;I1.1 0 SUPPER TAB LUD.-1mC® USE AG �7 Z 1 - AG ! alk. Isom', ■N' �1, 0 150 300 600 900 LUDm.d ® use 1 Ilw' r A° , 1{ `" ro �r ■M. SCALE 1"=600' LUD.-HOLED USE ' I AO ; �..' . I�j, LUD-►�USE libel M'p a ° LEGEND AI. LUD,IIEC D UIB 1 ` 1 l t \ . . ° /' • 4y'�' •� o 0 • ! —P.U.D.- NON-RESIDENTIAL 'MIXED USE \ W E 9- BUSINESS PARE \.°0 'i• / . rggrqr��-OPTIONAL NJY S III ACK LEFT it)) �\ i,,� ��►��i���4 CRT COUNCIL DISCRETION j' i m �r' �G • / D NO j/A-PROPOSED RO.TRAREA 'ice �\ ✓J��%,''Q� opo (fir - -25'BUFFER YARD t J \' ,•'�It ;* , '� Exer ii::: : \ � ' L.U.D. -LAND USE DE47[1NATION s,/.OMDR -MEDIUM DENSITY e © r>' GjI e•;coo LD R -Low RESIDENTIAL /•,�ij� AG -ZONING -AGRICULTURE!\\` `PIA�l._ CS -ZONING -COAAMINITY SERVICE � `�� ���, RUM -ZONING -PLANNED UNIT DEVELOPMENT i I • �\ `� MU -ZONING -SINGLE FAMILY RESIDENTIAL + ° ,er N\\ MPI -ZONING -MULTI FAMILY RESIDENTIAL I • ° 01 -ZONING -OFFICE C : 4 •• •o .\\, a -ZONING -GENERAL OFFICE ' •• • •° C9 LU , UAs`\ ANCILLARY RESIDENTIAL USES RE,SPIN,SP34AND SF20 NOT •LUD..IOID� IRE 1°4t' ' • 70 EXCEED 10.08 ACRES IN THE ENTIRE NON-RESIDENTIAL •'.• 1t s P.U.D.AND SHALL NOT EXCEED I0 AU/AC ° 1a.ss ° • ° °• • ( 1 N ACCESS TO E.HIGHIAAND ST.WILL BE RESTRICTED TO ONE •• • •, • SFir 51 PULL ACCESS LOCATION FOR RESIDENTIAL USES OR ONE EADYRGENCY CRASH-GATE ACCESS FOR Bj 01 AND CS USES ONCE A SPECIFIC USER IS IDEN77P® FOR PARCEL HIC, ACRES THE CRY COUNCIL RESERVES THE OPTION TO REQUIRE ACRES A 30YSEIRACX FROM THE PROPERTY IV TEe NORTH ACRES (77U& HUB OF THE T.MAHAN SURVEY A-I049) rNACRES COMMERCIAL USES COMBINED SHALL NOT EXCEED 50% OF THE LAND AREA FOR PARCEL 'B'OR PARCEL C..CRES REFER TO THE EXISTING ADUCENT LAND OWNERS MAP FOR EACH NAME OP ADJACENT OWNER& TRACT NO. III 1997 C CITY NE OF SOUTTIIASE,TARRNAT COUNTY,TEXAS G REQUEST CONCEPT PLAN CARTER 8c BURGFc%INC. FOR 200.82 ACRE PROPOSED PLANNED UNIT DEVELOPMENT T I M A. R R C I A L S t A • 44 ENGINEERING ANALYSIS Engineering analysis for this project will be performed by registered engineers, licensed in the State of Texas, and meet the requirements of existing ordinances and/or governing authorities. The intent and understanding regarding various infrastructure issues is as described below: STORM DRAINAGE Drainage generally flows away from a ridgeline which bisects the property in a northeast- southwest trend. The proposed drainage plan will include the necessary systems required to route are discharge to existing natural drainage ways. WATER DISTRIBUTION An adequate water distribution system is proposed on all sides bordering the site. Distribution main-lines not less than 12" are planned for Carroll Avenue, White Chapel Boulevard and S.H. 114. A system of 12" watermains is planned to provide adequate pressure on a volume required of the potential users, without significant impact to the overall surrounding community. coy SANITARY SEWER COLLECTION SYSTEM The southerly two-thirds of the property flows to the southeast corner and can be served by the existing lift station on Carroll Avenue. Eventually,the lift station will be removed and a gravity line built to the northeast and connect to the gravity line which flows to the Hunter's Ridge lift station. Currently, the Hunters Ridge lift station pumps to the Carroll Middle School lift station just north of East Dove Street. From that point, sewage is pumped south to the Carroll Avenue lift station. The northerly one-third of the Tract II will gravity flow to the proposed Quail Creek lift station. This lift station is planned for summer 1997. As a temporary measure until a force main is constructed in Dove Street west to Kirkwood, the Quail Creek's lift station would force main back to the Carroll Middle School lift station and south to the Carroll Avenue lift station. A more desirable scenario would be to direct flow from the Quail Creek station westerly along East Dove Street. This force main would terminate at a gravity line at future Kirkwood Boulevard and Dove Street. June 3, 1997 96204401.R03 B-1 I I 4 1 S TRAFFIC STUDY The concept plan provides for a variety of land uses which will produce a variety of traffic impacts. The appropriate stage in the zoning process to provide a detailed Traffic Impact Analysis is at the time of submittal of a development plan when a specific land use is identified. This traffic study provides assurances regarding the intent for traffic flow and the requirement for a full blown Traffic Impact Analysis for each subsequent development plan submittal. The concept plan provides for a variety of land uses which will produce a variety of traffic impacts. LAND USES The land uses proposed with this zoning change are substantially in accordance with the land uses used during the development of the Master Thoroughfare Plan. They are also similar in trip generation to the NCTCOG model inputs used in the development of the Thoroughfare Plan. STATE HIGHWAY 114 IMPROVEMENTS TxDOT is making progress on the acquisition of right-of-ways and other planning for the construction of interchanges along the highway. The developer will continue to monitor this progress and will incorporate all TxDOT updates into the future traffic analysis. PERIMETER STREETS State Highway 114 will be the primary access into Tract III. Internal circulation patterns will orient traffic for easy access to State Highway 114. Kimball Avenue will be a secondary access route. East Highland will only provide one full access for residential uses or an emergency crash-gate for uses other than residential. THOROUGHFARE PLAN IMPACTS This proposal complies with the existing Master Thoroughfare Plan for the City. A representative monitored the deliberations of the Planning and Zoning Commission concerning the update of this Master Plan. TRAFFIC IMPACT ANALYSIS A detailed Traffic Impact Analysis (TIA) at the development plan stage of process. At that stage of development, the proposed users will be known and an accurate analysis of all traffic impacts can be performed. June 3, 1997 96204401.R03 B-2 f • :+ ti 1' 111 7 RUNOFF STATEMENT Timarron Commercial will detain 100% of the increase in runoff generated by future development of these tracts. All developments will abide by the existing drainage ordinances in the City of Southlake and will work with the Public Works Department to address concerns regarding the effect of this project on drainage. June 3, 1997 96204401.R03 B-3 This item will be L disseminated at the meeting Tuesday night 9A City of Southlake,Texas MEMORANDUM May 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead,Director of Public Works SUBJECT: Developer Agreement for Foxborough, Located on the North Side of East Southlake Blvd., Approximately 1,140' West of the Intersection of East Southlake Blvd. and North Carroll Ave.; 63 Residential Lots Background The Developer Agreement for Foxborough Addition is attached. The usual requirements for performance and payment bonds, letters of credit, or cash escrow are incorporated within the agreement. There are several paragraphs in the agreement that require Council attention, and these changes are as follows: • OTHER ISSUES,Pages 10A-11 through 10A-13 A. OFF-SITE AND/OR SEWER PRO-RATA: (11118.• Foxborough Addition's final plat was approved prior to the final design of the sanitary sewer system to serve Diamond Circle and Mission Hills Additions. Therefore,easements were not required across certain lots to provide for the sanitary sewers. Southiake's design engineer of the Neighborhood Sewer Project, Cheatham and Associates, and staff has been working with the neighborhoods and the Developer of Foxborough to route the sewer and obtain easements to enable the sewer to be built. As a side note: we have not obtained all of the necessary easements from homeowners in either Diamond Circle or Mission Hills. The proposed Developer Agreement provides for the easements on three lots in the addition. In exchange for the easement,the Developer is requesting the following items. Cheatham and Associates have estimated that the cost would be approximately the same as routing the sewer around Foxborough. (1) The sanitary sewer installed in these easements benefits the neighborhoods and therefore, the cost will be the City's responsibility; and (2) The City not construct any manholes on any residential lot in the addition; and (3) The City reduce the inspection fees as called for in paragraph I.G.1.a by an amount of $15,000 which equals the lost value of$5,000 per lot for the"incumbering the affected lots with said utility easements." This request has been also been added to Section I.G.1.a. for better clarification; and (Nor (4) The City will waive the Sewer Impact Fee of$1,000 per lot for the three lots impacted by the easements. 10A-1 • MEMORANDUM CURTIS E.HAWK DA FOXBOROUGH ADDITION (460., MAY 30, 1997 PAGE 2 B. OFF-SITE DR AINAGE: The Developer will intercept and put in a drainage pipe for approximately two lots north of Ownby Lane the drainage from the west lots of Southview Addition. The construction will be placed in an existing drainage easement along the Southview lots. C. OFF-SITE WATER: Developer will install the required 12-inch water main along the addition frontage with Southlake Blvd. However,the commercial lot in the addition is apparently owned by a third party, and the water main will not be extended across that property unless the City request it to be completed and impose some type of pro-rata on the commercial lot Developer to pay the cost upon commencing to build. D. PARK FEE: The 46.77 acre addition has 63 residential lots. Per Subdivision Ordinance 483,Article VII (Park and Recreation Dedication Requirements), the Developer will be required to pay $31,500 ($500/per lot). (Orr Developer has yet to approach the Park Board with hisrequest for anycredit to be applied toward any Park Fees. The Developer has submitted to staff a written notice of his proposal that is planned to be presented to the Park Board which is noted in the following: • "In recognition of Developer setting aside approximately 215,000 sq. ft. of the Foxborough Addition as public open space for landscaping and recreation, the Developer agrees to pay fifty percent(50%)of the normal Park Fee of$500 per acre,in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately 46.77 acres in the Foxborough Addition which would bring the net cost of Park Fee to $11,692.50." If the Park Board grants any credit then the Developer will need to come back to the Council and amend this Developer Agreement. Recommendation: Please place this item on the Regular City Council Agenda for June 3, 1997 for City Council review and consideration. BW/ls ,Attachments: Agreement Plat Exhibit M:\WP-FILES\SUBDIV\FOXBOR\DEV-AGRMEM 10A-2 FOXBOROUGH ADDITION DEVELOPER AGREEMENT 06/03/97 An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the Foxborough Addition, hereinafter referred to as the "Addition," to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 63 residential lots contained within the Foxborough Addition and to the off-site improvements necessary to support the Addition. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible,the City agrees to release 10%of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public infrastructure to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. 10A-3 The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s)or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup,mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and. Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, • have been inspected and approved and are being accepted by the City. Acceptance shall not be unreasonably withheld. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 10A-4 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; To compensate developer and offset for the lost value in incumbering the affected lots with said utility easements, the City agrees to reimburse developer the cost of oversizing the sanitary sewer facilities within the Foxborough Addition required to specifically accommodate the adjoining subdivisions. The City further agrees to reduce the inspection fees called for in paragraph I.G.I.a. by an aggregate amount of$15,000 which equals $5,000 for three (3) lots, • and sewer impact fees will be waived for the three affected lots; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing(95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to sewer lines or water mains constructed under this Agreement until said water mains and sewer lines have been completed to the satisfaction of and accepted by the City. 1 oA-5 H. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ` ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE,: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to \` 10A-6 fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified 1 oA-7 and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two (72)hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES.: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over-to a homeowners association. H. T NE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City 10A-8 shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. • 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF 10A-9 OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY,ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES, EXCEPT FOR ACTS OF GROSS NEGLIGENCE OR OMISSION. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer,his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss,,damage, liability or expense on account of damage to property and injuries, including death,to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them,on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein,shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. ``"" 10A-10 • E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided,however,that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER TSSI TES: A. OFF-SITE AND/OR SEWER PRO-RATA: Developer agrees to work with the City to cause the installation of sewer service to the subdivisions located to the immediate west of the Foxborough Addition. To this `''� 10A-11 end,Developer agrees to dedicate to the City three(3)utility easements as shown on the plat for the specific purpose of installing sanitary sewer facilities to the adjoining subdivisions. Construction of the sewer lines within the three called for easements and within the adjoining subdivisions will be done at the sole cost and expense of the City and under a different contract than that contract utilized by the Developer for the installation of the sewer facilities within the Foxborough Addition. (It is recognized, though, the City may utilize the same contractor as Developer and said work to install sewer service to the adjoining subdivisions may be done simultaneous with the installation of service to the Foxborough Addition.) It is further agreed that no man holes will be constructed upon any residential lot within the Foxborough Addition. To compensate developer and offset for the lost value in incumbering the affected lots with said utility easements, the City agrees to reimburse Developer the cost of oversizing the sanitary sewer facilities within the Foxborough Addition required to specifically accommodate the adjoining subdivisions. The City further agrees to reduce the inspection fees called for in paragraph I.G.1.a. by an aggregate amount of $15,000 which equals $5,000 for three (3) lots, and Sewer Impact Fees will be waived for the three affected lots. B. OFF-SITE DRAINAGE: • Developer agrees to intercept and put into drainage pipe the existing drainage currently being discharge from the west side of the Southview Subdivision } approximately two (2) lots north of Ownby Lane. Said pipe will extend, at minimum, a distance to a point where said storm water and open drainage is completely removed from the Southview Subdivision. All construction work and the called for pipe will be installed within the existing drainage easement located in the Southview Subdivision. No other off-site drainage improvements are anticipated pending final review of construction plans. - C. OFF-SIT . WATER: No off-site water improvements are called for except Developer agrees to, at Developer's cost, extend the twelve inch(12")water main located on the north side of F.M. 1709 across the width of the F.M. 1709 frontage of the Foxborough Addition. It is specifically recognized that Developer does not own the commercial property located at the southwest corner of the Foxborough Addition where the twelve inch water line currently terminates. The cost of extending said twelve inch (12") line across said commercial property will be the responsibility of the Developer/Owner of said commercial property. If the development of the Foxborough Addition and the installation of said twelve inch (12") line is needed prior to installation of the subject line across the commercial tract, Developer agrees 10A-12 to install and pay the cost of said line across the commercial tract and the City agrees to assess the commercial tract, as a pre-development fee, the cost of said work and reimburse Developer that cost upon payment of same by the Developer of the commercial tract. D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.),Article VII,Park and Recreation Dedication Requirements. The Addition consists of 63 residential lots for a total required park fee of$31,500 ($500 per lot). E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: 10A-13 CITY OF SOUTHLAKE, TEXAS By: Rick Stacy,Mayor ATTEST: Sandra LeGrand, City Secretary Date: 10A-14 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT • 1. The Letter of Credit(L of C)must have a duration of at least one year. 2. The L of C maybe substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. M:\W P.FILES\SUBDIV\FOXBOR\DEV-AOR.W PD 10A-15 Sri ,• i• If 1� V ng ,,, t I �v Ij ! ,< YY o NO =oF �o �� ° b 1 o a ►4 a rna...4Z a ,o �Z g 0 $'08 z< p, z • 1 ww �z AG:FN 51 pJ flJ FI1 vIJI! !iI III i q fi iji fit 17 f i 1 EIl 1 i i fin ii t F iii 1i jf 1 1!idylSI 1i =T 174 di' : r r ii d ill i•iy ill .11 f.74 ;II L ;_ 1gri Si i, ,. ii I #'i F Pi . . °e a ,tifp i�)t i? I11 lip 1�1�11 �,a 11 Jai 1i ii T !..!!'I, 1e ,. * i ' !'i 1�' 1 ! 1 T 13i ." I . s J{ . IZ4r1 2 ,1Ij�'4/#411,it 1� rill a,'1�'i,I 1 O.Z i,1 '••'._t•�,: g11 * hi ..i1 ii II.ad II I1lt•+ 1l1 1 i1• ` 1,..1: • .� 1 ��T•i �- p 1i11 :h i i I E il1 jL: I1 �Ii�I1it I �Ij�� t _ ! ii,!. I! $ , , i i 411 I �kili ii iih T�i�( lilii ,t fir'• ! 1 13'j ii t1 0; -"'i qHI 111iLi 1tl. ha lig rift Oil id I li!i 1 . II 1,.i i • aiil bi i i ' ill o fit! 1 !s il §1 I<' I I 4 e:r 3 1---T� - gaYILp•� 1,-; 1 o' 'x•xo -{ I J: } H : ti_ r i c •i i a •i ,..' . -_ s $ ,-n- --a ,-_ � Avap* gi : .,1 •, •GA;ii 14 '4; i L i Ai i 9 •' ' _R Qi a .. ' e it e ! I g.1 I : .-PC: ir " - ii ! A ,, ' � g •�1 ■ a5i:'-w}e.c--1-V A ; - u "' ,., !;I � 2•i5 • . t e i 7 ifi1 e • I �� •1 + 5 . �i$ 1 : am, „d, am 4r1,, . 4 i ; 1:- _q i i - . 1 4. : 4 •aws Aj3 . p i=; "' -'_ , pI.. a' " %' 1 am,A a •I N':I - ° ' ,15� � lil g 1 l,. i0 -s I I I 1 '1 1 'Ltl a� �, `4 j E./ __, `��\ _. . I : c s— p.! � 5• A' li ei K •1 3 a °� so i'�- '1 r I 5--"eq`-'a ..- - 1-' 1= .> y., Ch • i -.___ _- _J ,'"'" i, �,u4,7' J-._..,* • s„ o 1, I >' K • 'i ,nK—"•�N ra:.Rv,nun j _.,~ ;,.� It ` > - t ti �j ' �. g 0 i. ..,_ 5 • • M . - -.„ r : F ! V -® AI a a •l ,_ 1, 5 �`r ' i1 . 6 Y. d sti. p - '1 ` .y 1; I f ,I,� I I _ I„ ® I �._,( W 8 ), 1 _: a ��, 3�1_... I ._'+I,. g A I II I 1 b# f I �yge II 1 1{i i fi ey. I / :J__ eaR64kH4343 ia &g,, 1y:1 i i ii# (it'iid!'i —_ 1. y // I' - f7_:f.gf'd:hYA < 3�� 1 I Ii ft1�'f i! _ 1 `: ;1i 9�1t 18 i ;i T 1 i' I iiili L --4 �s::.4�`.hs4§� It 1 i 1 iri 1LIlilT' --- -` x 444:444.44t.. d ei E f I lit 3i�i7 ----�\\���\ 44444444444 ' ' i1t i�iil3i! g 3 1 I Ii g ; i = if!.1c 10A-16 City of Southlake,Texas MEMORANDILM May 29, 1997 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: June Retreat As you know, the June Retreat has been scheduled for June 10 & 11, 1997 at the Solana Education Center. The attached agenda outlines the planned activities for the Retreat and highlights are noted below: Day One - The first day will begin at 4:00 p.m. This portion of the Retreat will feature a joint meeting between the Council, CISD Board of Trustees, and the Joint Utilization Committee. Note that dinner will be served. The day will conclude with the adjournment of the joint meeting. Day Two - The second day will be full, beginning at 8:00 a.m. with breakfast. The greatest portion of this day will be spent with staff presenting information on upcoming budget issues. Note that the latter portion of the meeting (dinner and following) will provide an opportunity for the Council to discuss their priorities and to set goals. The day will conclude with this goal setting session, which we anticipate will be completed no later than 8:00 p.m. Text Only Items - The packet will also include text only items which will provide information on a variety of topics which we do not anticipate discussing at the Retreat. We have, however, allocated time on the agenda for "other issues" during which the Council may request to discuss one or more of these items Please let me know if there are additional items that should be incorporated into the agenda or text only item list. C I/n—I City of Southlake,Texas DRAFT (ir CITY COUNCIL JUNE RETREAT -- DAY ONE Tuesday, June 10, 1997 4:00 p.m. Welcome and Introductory Remarks C. Hawk 4:15 p.m. 1) DPS Facility Needs Study* B. Campbell 5:00 p.m. BREAK 5:15 p.m. 2) Brush Disposal/Burning Issues B. Campbell 5:45 p.m. 3) Economic Development Priorities G. Last 6:15 p.m. Working Dinner w/CISD Board of Trustees 6:45 p.m. 3) Joint Meeting: City Council/CISD Board/JUC** 9:00 p.m. Adjourn *Specific land acquisition will be discussed in a posted Executive Session **The agenda for the joint meeting containing specific items for discussion has been posted separately. L //g— ? City of Southlake,Texas DRAFT CITY COUNCIL JUNE RETREAT -- DAY TWO Wednesday, June 11, 1997 8:00 a.m. Breakfast: 1) Southlake Today Video Presentation S. Yelverton 9:00 a.m. 2) Citizen/Business Surveys J. Glass 9:45 a.m. BREAK 10:00 a.m. 3) Legal Items of Interest to Council* A. Taylor 12:00 p.m. LUNCH (working) 12:15 p.m. 4) Public Works Comprehensive CIP Update/ROW Issues B. Whitehead 1:00 p.m. 5) Regional Water System/Conservation Efforts B. Whitehead 1:45 p.m. 6) Neighborhood Sewer Program Extension B. Whitehead 2:15 p.m. 7) Seal Coat Program Review B. Whitehead 2:45 p.m. BREAK 3:00 p.m. 8) Sidewalk Ordinance/Maintenance Issues B. Whitehead 3:45 p.m. 9) Blind Comers/Sight Distance Problems B. Whitehead 4:15 p.m. 10) Success Strategies: Recreation Management K. Lenoir 4:45 p.m. 11) Other Issues** 5:30 p.m. DINNER 6:00 p.m. 12) Council Survey/Budget Goal Setting Session C. Hawk 7:30 p.m. Wrap Up 8:00 p.m. Adjourn Please Note: The following have been provided as "text only"items, included in your packet as a means of providing additional information. Any of these items may be discussed during the "Other Items"portion of the meeting, at your request: 1. Future Personnel Needs 6. DPS Community Svc. Unit 11. Space Issues 2. 800 MHZ System 7. Tree Programs 12. Cross Connection Program 3. SPDC Project Construction 8. Document Filing System 13. Dept. Accomplishments 4. Records Management 9. Drainage Master Plan 14. Corridor Improvements 5. Pavement Mgmt System 10. Household Hazardous Waste *Some legal issues may be discussed in the posted Executive Session **Open discussion of any "text only" item C //4-3 . 1 !, PROPOSED POLE MOUNTED LIGHTING FIXTURES FOR A NEW 7 - 8 - 9 GRADE SCHOOL CARROLL INDEPENDENT SCHOOL DISTRICT SOUTHLAKE , TEXAS E3(3-16 /- 2_ c. 7 PARKING AREA FIXTURE (Single or Twin Unit) DRAWING SYMBOL "A" MANUFACTURER: McGraw-Edison LIGHT SOURCE: Metal Halide (400W) POLE HEIGHT : 30 FT McGRAW-EDISON 70-1000 Watt ©cS Area Light • Porter Dravder Concourse .} • The McGraw-Edison Power Drawer Concourse I area light combines the form and function of a Ihighly styled,sharp cutoff luminaire and the exclusive Power Drawer ballast assembly to A offer tremendous design flexibility for any outdoor lighting application. I - Square,contemporary styling is appealing 1 by day;low-glare,concealed light source and i hydraformed reflector create a safe and attrac- __ tive visual environment at night.And the Power - Drawer ballast assembly makes installation, 1 upgrading and maintenance simple. ,- A--• g--. • HOUSING STYLE A B• C 1 16 9'„ 6',, r z 1tt 2 21%" 9)4" 8y," µ ' 4` ,-, -, 3 28X„ 9ih„' 10%„ .;,,,--.a.: .. a',; g ,.,'Design Features /.-.,- 'In all mounting configurations with luminaires: c.. ' A24; -'*t't` i-'`�- f mountedat90°,dimetasionBis12%'Seecatalog fe a4 ' number logic. q-,s.ry ^M07 -• • A" One-piece formed-aluminum housing in i -da kbronse Polyester Powder Coat j z1 ,��� • a 1 } � 7yz tea , _ Mus efosed=cell sMcone door `'fix Fcx . '}pchydraformedaluminumreflector •N,® { , s"' lay anodized.flnlsh provides 0 nt photametrlo performance t O`er. k :, r '� t s-r Heavy-gauge support bracket. Support arnm(optional)mounts directly . . " yr ;3' ��� r ; .to pole with concealed hardware �'�RY R -• i- N.4. �`,.4*.,Mfs c - -Y !': .S t >5 • lass lens Ill :-- :.;;.';',-[. ..: .,,...;:i4f,F,.. -/ /,,, ,)/ •r""s-"""' Insrwu-shell socket fits Mogul / N gF•‘ r m v #/ l :, ,-� _D a64,atiy / / - .� u,: !e o„ .� //0///‘ ?3 - . cry ., ter, -... - A,. ,vas:AraYwrballastassembly 'I •� , , r • ji •• "t,. ~:h•77 ..s Yy�, 7 componwKs t=°3y'.�• ..,4* r t�' .�r' ,- _',, • l ,s ,' . o sen`ateh Latch allows removal t o �j •0- • i t, F�uminum door tram.with, • f fa, 0 rhhiyei a11d quick-rel*afe latches. y: fTt ?'�t s'•�,i <t '''''.!..At-;, ,,,',' � �a r 1 4 !E y+a`•3.�y✓ryiF"i ,0 t .p. , hY,• n, a• : ' v?"a S d T;.r rklrk r'� - ah �". t Fry ?: Lateral and Longitudinal Footcandle Values for Distance in Units of Mounting Height Isofootcandle Lines CS-1 CS-2 CS-1 Catalog Number CS18321 Catalog Number CS2O621 M,w,y,q 150-Watt HPS 400•Watt Mercury One Luminaire One Luminairet A II C D E F G H • 16.000 Lumens 40.000 Lumens 20' 7.8 4.7 3.1 1.6 0.8 0.3 0.08 0.03 4 4 25' 5.0 3.0 2.0 t.0 0.5 0.2 0.05 0.02 -- 30' 3.5 2.1 1.4 0.7 0.4 0.4 0.04 0.014 3 3 CS-2 2 2 Mantling Height A B C D E F G H 1 ^"" 1 25' 4.3 2.9 1.4 0.7 0.3 0.07 0.03 0.01 30' .02 0.007 177.---\\...Fick,... _ -S -. ` 35' 2.2 1.5 0.7 0 3 015 0.04 0.015 0.005 �` 2 2 � 3 1- - 3 ._.......:::..j...) 4 4 5 4 3 2 1 1 2 3 4 5 5 4 3 2 1 0 1 2 3 4 5 CS-3 CS-4 CS-3 Catalog Number CS21621 Catalog Number CS22621 Mounting 400-Watt Clear Metal Halide 400-Watt HPS One Luminaire One Luminaire Height A B C D E F G H 32.000 Lumens 50.000 Lumens 25' 8.8 72 4.3 2.9 14 07 03 007 4 4 30' 6.0 5.0 3.0 2.0 1.0 0.5 0 2 0.05 35' 4.4 37 22 1.5 07 0.4 0.15 0.04 3 3 CS-4 - - 2 2 Mounting Neigh A B C D E F G H i }- - - -• 1 25' 7.2 4.3 2.9 1.4 0.4 0.14 0.04 am 30' 5.0 30 20 1.0 0.3 0.1 0.03 0.01 0 . +i 035' 3.7 2.2 1.5 0.7 0.2 0.07 0.02 0.007 (.4. F H _ 2 2 . 3 I \ !� 3 ID 4 4 5 4 3 2 1 0 1 2 3 4 5 5 4 3 2 1 0 1 2 3 4 5 CS-5 CS-5(Two Luminaires) Catalog Number CS2O622 Mounting 400-Watt Mercury Height A BCDEF G H Two Luminaires 80.000Lumens 30' 7.0 5.0 30 10 02 005 0.02 ' 001 ■■■■..■■■■ 3 45 4.3 2.8 .7 0.6 0.1 0.03 0.015 0.06 40' 3.9 2.8 1.7 0.6 0.11 0.03 0.01 0.006 IIIIPP . . • ■■G.m®®tE� ■ 1- 4, 111``••:�•�0i 2 w�� ►fttil•/r 3 5 4 3 2 1 0 1 2 3 4 5 e ..,.J'u.,i.dk't.Tpwilamitmvatokr.40:fA.: C . Metal Halide Fixtures -' :. i� Catalog Lumin. Housing Lamp =g • Lamp Ballast EPA* Weight Number Config. Style Wattage•• Type . Type (Sq.Ft.) (Lbs.) CS11421 Single 250 175 MH CWA 1.3 29 CS11422 2 @ 180° 250 175 MH CWA 2.5 CS11423 2 @ 90° 250 175 MH CWA 2.5 CS11424 3 @ 120° 250 175 MH CWA 2.5 CS11425 3 @ 90° 250 175 MH CWA 2.7 CS11426 4 @ 90° 250 175 MH CWA 2.7 CS11427 Wall 250 175 MH CWA CS11521 Single 250 250 MH CWA 1.3 29 CS11522 2 @ 180° 250 250 MH CWA 2.5 CS11523 2 @ 90° 250 250 MH CWA 2.5 CS11524 3 @ 120° 250 250 MH CWA 2.5 CS11525 3 @ 90° 250 250 MH CWA 2.7 CS11526 4 @ 90° 250 250 MH CWA 2.7 CS11527 Wall 250 250 MH CWA CS21621 Single 400 400 MH CWA 2.0 48 a CS21622 2 @ 180°-/ 400 400 MH CWA 4.6 CS21623 2 @ 90° 400 400 MH CWA 4.6 CS21624 3 @ 120° 400 400 MH CWA 3.8 CS21625 3 @ 90° 400 400 MH CWA 4.2 CS21626 4 @ 90° 400 400 MH CWA 4.2 CS21627 Wall 400 400 MH CWA CS31821 Single 1000 1000 MH CWA 3.2 85 CS31822 2 @ 180° 1000 1000 MH CWA 6.3 CS31823 2 @ 90° 1000 1000 MH CWA 6.3 CS31824 3 @ 120° 1000 1000 MH CWA 6.4 CS31825 3 @ 90° 1000 1000 MH CWA 6.6 CS31826 4 @ 90° 1000 1000 MH CWA 6.6 CS31827 Wall 1000 1000 MH CWA Mercury Fixtures • CS10221 Single 250 100 Merc. CWA 1.3 29 CS10222 2 @ 180° 250 100 Merc. CWA 2.5 CS10223 2 @ 90° 250 100 Merc. CWA 2.5 CS10224 3 @ 120° 250 100 Merc. CWA 2.5 CS10225 3 @ 90° 250 100 Merc. CWA 2.7 CS10226 4 @ 90° 250 100 Merc. CWA 2.7 CS10227 Wall 250 100 Merc. CWA CS10421 Single 250 175 Merc. CWA 1.3 29 CS10422 2 @ 180° 250 175 Merc. CWA 2.5 CS10423 2 @ 90° 250 175 Merc. CWA 2.5 CS10424 3 @ 120° 250 175 Merc. CWA 2.5 CS10425 3 @ 90° 250 175 Merc. CWA 2.7 CS10426 4 @ 90° 250 175 Merc. CWA 2.7 CS10427 Wall 250 175 Merc. CWA . CS10521 Single 250 250 --" Merl. CWA 1.3 29' :- CS10522 2 @ 180° 250 250 Merc. CWA 2.5 CS10523 2 @ 90° 250 250 Merc. CWA 2.5 CS10524 3 @ 120° 250 250 Merc. CWA 2.5 CS10525 3 @ 90° 250 250 Merc. CWA 2.7 CS10526 4 @ 90° 250 .250 Merc. CWA 2.7 CS10527 Wall 250 250 Merc. CWA CS20621 Single 400 400 Merc. CWA 2.0 48 CS20622 2 @ 180° 400 400 Merc. CWA 4.6 CS20623 2 @ 90° 400 400 Merc. CWA 4.6 CS20624 3 @ 120° 400 400 Merc. CWA 3.8 CS20625 3 @ 90° 400 400 Merc. CWA 4.2 CS20626 4 @ 90° 400 400 Merc. CWA 4.2 CS20627 Wall 400 400 Merc. CWA CS30821 Single 1000 1000 Merc. CWA 3.2 85 CS30822 2 @ 180° 1000 1000 Merc. CWA 6.3 CS30823 2 @ 90° 1000 1000 Merc. CWA 6.3 CS30824 3 @ 120° 1000 1000 Merc. CWA 6.4 CS30825 3 @ 90° 1000 1000 Merc. CWA 6.6 CS30826 4 @ 90° 1000 1000 Merc. CWA 6.6 CS30827 Wall 1000 1000 . Merc. CWA `Effective Projected Area et -as ti • • V• AzV t•� ".V Ts S- -i b •.44 t 11 m i. ' alSquare Straight and Square• Tapered Steel 4°raa;°iM e F j Ordering Information - 0 • The following example illustrates the correct way to enter an order for SSSSA2OSFM1 XG. r- The ordering designation is detailed as follows. . . In Catalog Number Logic N Shaft Wall Mounting Fixture Humber& Access. Dla. Thick- Height Base Mounting Location Arm (Ground Square Straight Steel at Base ness (ft.) Type Finish type of Arms Length Lug) S S S 5 A 20 S F M 1 X G Base' EPA(Sq.Ft.r Max.Fixt. Fixture Plate Bolt Boit• Hand Net EPA(Sq.Ft.) 211.Above Load Incl. Catalog'•• Mtg. Shaft' Square Size Pro). Hole Wt. At Pole Top Pole Top • Bracket Number Ht.(Ft.) Size(In.) (In.) (In.) (In.) Size (Lb.) 80 90 100 120 80 90 100 120 (Lb.) Square Straight Steel SSS4A1OSF 10 4 10% Xx25x3 44 2x4 88 28.522.1 17.5 11.5 20.3 15.8 12.5 8.2 150 SSS4A15SF 15 4 10% X x 25 x 3 4% 2 x 4 120 17.3 13.0 9.9 6.0 10.9 82 6.2 3.7 150 • SSS4A2OSF 20 4 10% X x 25 x 3 4% 2 x 4 152 8.5 5.9 4.1 1.7 7.0 4.9 3.4 1.4 200 SSS4A25SF 25 4 1034 34 x 25 x 3 4% 2 x 4 184 4.7 2.7 1.2 - 4.0 2.3 1.0' -- 200 SSS5A2OSF 20 5 10% X x 25 x 3 4X 3 x 5 184 15.1 11.0 8.0 4.2 12.6 9.1 6:7 3.5 200 ' SSS5A25SF 25 5 10% X x 25 x 3 4% 3 x 5 223 9.7 6.4 4.0 -- 8.3 5.5 3.4 - 200 SSS5A3OSF 30 5 10X 34 x 25 x 3 4% 3 x 5 254 5.4 2.6 .6' - 4.3 21 .5' - 300 SSS5M35SF 35 5 10% X x 25 x 3 4% 3 x 5 434 6.6 3.4 1.1' - 5.9 3.1 1.0' - 300 SSS6A25SF 25 6 12% . 1 x 36 x 4 5 3 x 5 269 16.0 11.1 7.6 3.1 13.7 9.6 6.6 2.7 200 linnum*SSS6A30SF 30 6 12% 1 x 36 x 4 5 3 x 5 317 10.3 6.2 3.3 - 8.2 5.0 2.6 - 200 SSS6M3OSF 30 6 12% 1 x 36 x 4 5 3 x 5 483 20.2 14.1 9.7 4.0 16.1 11.2 7.7 3.2 300 SSS6M35SF 35 6 1234 1 x 36 x 4 5 3 x 5 539 12.5 7.8 4.5 - 11.3 7.0 4.0 - 300 SSS6X35SF 35 6 12X 1 x 36 x 4 5 3 x 5 696 19.0 12.9 8.6 3.0 17.0 11.6 7.7 2.6 300 S SSSSM39SF 39 6 1234 1 x 36 x 4 5 3 x 5 597 8.6 4.3 1.4' - 7.9 4.1 1.3' - 300 SSSSX39SF 39 6 12% 1 x 36 x 4 5 3 x 5 772 14.4 8.9 5.0 - 13.2 82 4,7 - 300 Square Tapered Steel STS6A2OSF 20 5.7 x 3.5 1014 X x 25 x 3 4% 3 x 5 165 25.619.6 15.4 9.6 20.2 15.3 12.2 7.6 400 • STS6A25SF 25 625 x 3.5 1234 1 x 36 x 4 5 3 x 5 232 19.9 15.1 11.6 6.9 15.9121 9.3 5.4 400 STS7A3OSF 30 6.8 x 3.5 1234 1 x 36 x 4 5 3 x 5 285 19.1 14.1 10.0 4.1 13.4 9.8 7.0 2.9 400 STS7D3OSF 30 6.8 x 3.5 1234 1 x 36 x 4 5 3 x 5 412 28.7 21.2 16.1 10.5 23.0 17.0 12.9 7.5 450 STS8A35SF 35 7.79 x 3.94 1334 1%x 42 x 6 6 3 x 5 385 18.5 12.1 7.6 1.6 14.8 9.7 6.1 1.3 450 STS8D35SF 35 7.79 x 3.94 1334 1X x 42 x 6 6 3 x 5 553 27.8 20.4 15.5 8.0 22.5 16.5 12.6 6.5 450 STS8A39SF 39 7.79 x 3.5 • 1334 13(x 42 x 6 6 3 x 5 410 13.7 8.0 3.7 - 11.1 6.5 3.0 - 450 STS8D39SF 39 7.79 x 3.5 13X 1%x 42 x 6 6 3 x 5 589 22216.4 12.1 4.3 182 13.4 9.9 3.5 450 1 Catalog number indudes pole with 4 anchor bolts with double nuts.BEFORE INSTALLING ANCHOR BOLTS MAKE SURE PROPER ANCHOR BOLT TEMPLATE IS OBTAINED FROM COOPER UGHTING HEADQUARTERS. - 2 Tenon size or machining for rectangular arms must be sp Handale is located 180°from single arm. 3 Shaft size.base plate,anchor bolts and projections may vary slightly-all dimensions are nominal. 4 EPAs based on shaft properties with wind normal to flat.EPAs calculated using base wind velocity as indicated plus 30%gust factor. t Not recommended. -OD.- Mounting Options Machining for Rectangular Arms 1 Fixed Tenons(add as suffix) (addas signaon 0.0- Length Designation Designation LENGTH De Numberti (In.) (In.) Letter&Number Letter&Number Quantity l 2 2% 4 Lumark/Crouse-Hinds McGraw-Edison &Location' 3 3% 5 Mt El Single 9 3 4 M2 E2 2®180° M3 E3 3 0 90° M4 E4 4 0 90° Accessories M5 E5 2 0 90° A W Tapped hub' 1 Arm mounting holes located 45°from base holes. B 3:Tapped hub' • C Convenience outlet' Finishes Grounding lug(Max wire/8 AWG) H Additional handhole and cover-12' F Dark&onze Powder Coat Q Designer Beige Powder Coat below pole top-90°from handhole a Galvanized S Silver Powder Coat • 1 location is 3'above base 90°from handab. H Red Powder Coat v Gray Powder Coat 2 Outlet is bated 4'above base and on same side I Royal Blue Powder Coat W White Powder Coat of pole as handhole.unless specified otherwise. L Buttercup Yellow Powder Coat X None Receptacle not included,provision only. N Olive Green Powder Coat V Black Powder Coat P Prime Powder Coat Q,p _� C�r� 7 • ARCHITECTURAL AREA LIGHT DRAWING SYMBOL "B" MANUFACTURER: McGraw-Edison LIGHT SOURCE: Metal Halide (250W) POLE HEIGHT : 15 FT McGRAW-EDISON 70.1000 Watt LS!Architectural Area Light 1 Conquest Landscape The Conquest Landscape by McGraw-Edison. Dimensions The luminaire which helps you see space-not finches) �' ..�1 a light'ig by producing glare free areas of uniform A s c D 1 lighting. series 21.0 14.0.0 15.5 14.5 ` • Visual cutoff of high-angle light is accomplished A Series 2000 with the correct combination of collector and 27.0 20.0 15.5 14.5 distribution reflectors.Conquest outperforms Series 3000 them all! 33.0 20.0 15.5 14.5 . Series 4000 ..--- _. _ With this unique reflector system Conquest 21.0 14.0 15.5 14.5 L_'Il ensures that areas have high visibility with fewer Series 5000 poles and at lower heights. 27.0 20.0 15 5 14.5 ^t Series 6000 /__ _ I C 33.0 20.0 15.5 14.5 l ` . .a ; D -• ii Q;tF' u r T, Design Features . • Cast zinc retaining nut. 1 Spun aluminum top cover. \ 1 Collector Reflector �� //I I \ \ \ 1 Top cover support structure.41) • Polyester powder coat enamel finish. . , ., , ,. . , . .. ,„ , _ ! , . _ .., ._. ____ _. „_ __ __ , , . . .___ Porcelain mogul base screw-shell,type lamp socket. Acrylic Lens Distribution Reflector Power MODTM ballast assembly. - -- MIIIIr. Die-cast aluminum base with integral pole-top fitter for 3-inch OD pole tops or vertical tenons. 3-Inch O.D.multiple configuration pole top fitter(optional). . 40 B1 -5 • otometrics Lateral and Longitudinal Distance in Units of Mounting Heights • • Ls•1 4.4111101 Catalog Number L111150 CCaatalog Number 1.32150 Footeacan le Tables les 250-Watt Metal Heide 250-Watt Metal Halide Isofooteandle Tablas 20,500 Lunen Clew Lamp 20,500 Lunen Clew terrp Select• Series 1000 Series 2000 isofootcan�de values of each isofoot Candle Ins. ■.,-- ■■ 6 ■■/-_• ■■ 6 LS-1 -, . s J - a Mounting lsofootcandie Line '' �l_ya:2111ei ,■ ,� ` 5 Height AB CDE IIII J� z,te-'I7 • 4 4 1 III 15 3.54 1.77 0.89 0.44 0.18 //�� . � � i�1 " �� w z i - 2W 2.00 1.00 0.50 0.25 0.10 r,;�-���\, ..- 3 /+L.,��� V:,i� 3 25' 1.28 0.64 0.32 0.16 0.06 ' � ����, % ' II 1 l l C 30' 0.88 0.44 0.22 0.11 0.04 7 I t it 2 �'Ir' i1G11��� �J� t0 AMIE> �igi I t t �i1`J i '1112 LS-2 �® 1 Mounting ng IA foo Bndle Line D E ,��\��� � 0 ,_,�id�E l• 0 15'Height 3.54 1.77 0.89 0.44 0.18 ■en�1 ■,m . ,■ 20 2.00 1.00 0.50 0.25 0.10 1 e>as� 1 25' 1.28 0.64 •0.32 0.16 0.06 ■■ 1 0 2 3 2 ■■ 1 0 1 2 3 2 30' 0.88 0.44 0.22 0.11 0.04 4 3 2 1 0 1 2 3 4 4 3 2 1 0 1 2 3 4 Distribution Patterns 0 (111n111) 0 0 Symmetric Asymmetric 45'One Side 45•Two Sides III Applications Mounting Height Distance(Ft.) 6 12 18 24 30 36 42 48 54 60 66 72 Total Pole Lamp Efficiency Lumens Height Footcandies LU150 55.0 16,000 12' 0.63 3.57 3.08 1.91 0.91 0.41 0.19 0.10 0.06 0.04 0.03 0.02 M250/U 55.6 20,500 12' 0.86 4.43 3.79 2.31 1.00 0.44 0.23 0.13 0.08 0.05 0.03 0.02 Distance(Ft.) 12 24 36 48 60 72 84 96 108 120 132 144 LU250/S 55.0 16,000 12' 0.59 1.79 1.34 0.80 0.44 0.24 0.14 0.08 0.05 0.03 0.02 0.01 MV400NBD 55.6 20,500 12' 0.85 2.70 1.71 0.95 0.50 0.29 0.16 0.09 0.05 0.03 0.02 0.01 .: • 411: 815-c)to Ordering Information Cataog Number Logic 1st Digit= 2nd Digit= 3rd Digit= 4th Digit= 5th Digit= 6th Digit= Product Family Mounting Config. Housing Lamp Type Lamp Wattage Pole Configuration' .' L=Landscape S=Side or Single 1=250W Sq. O=Merc. 0=50 0=Single Post Top (Post Top) 2=400W Sq. 1=Met.Hal. 1=70 1=Single Arm T=Multiple 3=1000W Sq. 2=HPS 2=100 2=Twin 180° (Use with 4=250W Rd. 3=150 3=Twin 90° Pole Top fitter) 5=400W Rd. 4=175 4=Triple 120° 6=1000W Rd. 5=250 5=Triple 90° 6=400 6--Quad 8=1000 7=Wall 9=35 • Direct mount Catalog Number Single Twin Triple Quad Wall Lamp Lamp Net Wt. Volume Post Top 0 180° 0 120° 090° Mount Type Wattage Voltage* (Lbs.) (Cu.Ft.) 1000/4000 Series Square LS1020 LS1022 N/A LS1026 LS1027 Merc. 100 120 20 3.0 LS1040 LS1042 N/A LS1046 LS1047 Merc. 175 120 LS1050 LS1052 N/A LS1056 LS1057 Merc. 250 120 LS1140 LS1142 N/A LS1146 LS1147 MH 175 120 20 LS1150 LS1152 N/A LS1156 LS1157 MH 250 120 LS1210 LS1212 N/A LS1216 LS1217 HPS 70 120 LS1220 LS1222 N/A LS1226 LS1227 HPS 100 120 20 LS1230 LS1232 N/A LS1236 LS1237 HPS 150— 120 Round LS4020 LS4022 LS4024 LS4026 LS4027 Merc. 100 120 20 3.0 LS4040 LS4042 LS4044 LS4046 LS4047 Merc. 175 120 LS4050 LS4052 LS4054 LS4056 LS4057 Merc. 250 120 LS4140 LS4142 LS4144 LS4146 LS4147 MH 175 120 20 LS4150 LS4152 LS4154 LS4156 LS4157 MH 250 120 LS4210 LS4212 LS4214 LS4216 LS4217 HPS 70 120 20 LS4220 LS4222 LS4224 LS4226 LS4227 HPS 100 120 LS4230 LS4232 LS4234 LS4236 LS4237 HPS 150" 120 0 2000/5000 Series Square LS2050 LS2052 N/A LS2056 LS2057 Merc. 250 120 20 7.0 LS2060 LS2062 N/A LS2066 LS2067 Merc. 400 120 31 ..sii LS2150 LS2152 N/A . LS2156 LS2157 MH 250 120 35 LS2160 LS2162 N/A LS2166 LS2167 MH 400 120 35 LS2250 LS2252 N/A LS2256 LS2257 HPS 250 120 32 LS2260 LS2262 N/A LS2266 LS2267 HPS 400 120 32 Round LS5050 LS5052 LS5054 LS5056 LS5057 Merc. 250 120 20 7.0 LS5060 LS5062 LS5064 LS5066 LS5067 Merc. 400 120 31 LS5150 LS5152 L55154 -.__L55156 LS5157 MH 250 120 20 LS5160 LS5162 LS5164 LS5166 LS5167 MH 400 ''_° " 120; 31 LS5250 LS5252 LS5254 LS5256 LS5257 HPS 250' 120 32 LS5260 LS5262 LS5264 LS5266 LS5267 HPS 400 120 32 3000/6000 Series Square LS3180 LS3182 LS3182 LS3186 I S'3187 MH 1000 120 46 8.0 Round -_ -• LS6180 LS6182 LS6182 L56186 LS6187 MH 1000 120 46 8.0 Lamp not included. ' Other voltages(120V,208V,240V,277V,310V,480V)available.Consult factory. • Lamp arc rating of 55 volts. Options(add as suffix) Accessories(order separately) EPA(Effective Projected Areas)) • F* Single fuse,internally wired LA12 Asymmetric reflector for series Series 1000 2.92 Sq.In. (120,277V) 1000/4000 Series 2000 5.28 Sq.In. FP Double fuse,internally wired LA13 Asymmetric reflector for series Series 3000 5.43 Sq.In. (208,240,480V). 2000/5000;3000/6000 Series 4000 1.28 Sq.In. G Gold cone lower reflector. Series 6000 2.32 Sq.In. P Photocontrol-button type 120 Series 6000 2.47 Sq.In. through 277 volts. 9r-cD-7 (EPA for single fixture,pole top.for multiple • mountings consult factory. • - . . . . s....,S-4. =' •I••- •. . . .,. ..;:, 1 .a-:,i-S4 -,1 ,,,ggir , ,,.- .4 • • a, t rxy m 10 ..Square Straight and Square'capered Steel ._ ...- ` r Y ; • '' .4 r • j Ordering Information • The following example illustrates the correct way to enter an order for SSS5A20SFM1XG. • r- The ordering designation is detailed as follows. •. m Catalog Number Logic co Shaft Wall Mounting Fixture Number& Access. DN. Thick- Height Base Mounting Location Arm (Ground Square Straight Steel ac Base ness (ft.) Type Finish Type of Arms Length Lug) S S S 5 A 20 S F M 1 X G • Base' EPA(Sq.Ftr Max.Flxt. Fixture Plate Bolt Bolt* Hand Net EPA(Sq.Ft.) 2ft.Above Load Incl. Catalog'• Mtg. Shaft' Square Size Pro). Hole Wt. At Pole Top Pole Top . Bracket Number Ht(Ft.) Size(in.) (In.) (In.) (In.) Size (Lb.) 80 90 100 120 80 90 100 120 (Lb.) Square Straight Steel SSS4A1OSF 10 4 10% N x 25 x 3 4% 2 x 4 88 28.5 22.1 17.5 11.5 20.3 15.8 12.5 8.2 150 e...m.4110 SSS4A15SF 15 4 10% %x 25 x 3 4% 2 x 4 120 17.3 13.0 9.9 6.0 10.9 82 6.2 3.7 150 SSS4A2OSF 20 4 10% X x 25 x 3 4% 2 x 4 152 8.5 5.9 4.1 1.7 7.0 4.9 3.4 1.4 200 SSS4A25SF 25 4 10% N x 25 x 3 4% 2 x 4 184 4.7 2.7 1.2 - 4.0 2.3 1.0' -- 200 SSS5A2OSF 20 5 10% X x 25 x 3 4% 3 x 5 184 15.1 11.0 8.0 4.2 12.6 9.1 -6.7 3.5 200 SSS5A25SF 25 5 10% 31 x 25 x 3 4% 3 x 5 223 9.7 .6.4 4.0 - 8.3 5.5 3.4 -- 200 SSS5A3OSF 30 5 10% 3;x 25 x 3 4% 3 x 5 254 5.4 2.6 .6' - 4.3 2.1 .5' -- 300 SSS5M35SF 35 5 10'A %x 25 x 3 4% 3 x 5 434 6.6 3.4 1.1' - 5.9 3.1 1.0' - 300 SSS6A25SF 25 6 12% 1 x 36 x 4 5 3 x 5 269 16.0 11.1 7.6 3.1 13.7 9.6 6.6 2.7 200 SSS6A3OSF 30 6 12% 1 x 36 x 4 5 3 x 5 317 10.3 6.2 3.3 -- 8.2 5.0 2.6 -- 200 SSS6M3OSF 30 6 12% 1 x 36 x 4 5 3 x 5 483 20.2 14.1 9.7 4.0 16.1 11.2 7.7 3.2 300 ' SSS6M35SF 35 6 12% 1 x 36 x 4 5 3 x 5 539 12.5 7.8 4.5 - 11.3 7.0 4.0 -- 300 SSS6X35SF 35 6 12% 1 x 36 x 4 5 3 x 5 696 19.0 12.9 8.6 3.0 17.0 11.6 7.7 2.6 300 S SSS6M39SF 39 6 12% 1 x 36 x 4 5 3 x 5 597 8.6 4.3 1.4' - 7.9 4.1 1.3' - 300 SSS6X39SF 39 6 12% 1 x 36 x 4 5 3 x 5 772 14.4 8.9 5.0 - 132 8.24,7 - 300 Square Tapered Steel • STS6A2OSF 20 5.7 x 3.5 10% 3(x 25 x 3 4% 3 x 5 165 25.619.6 15.4 9.6 20215.3 12.2 7.6 400 • - STS6A25SF 25 625 x 3.5 12% 1 x 36 x 4 5 3 x 5 232 19.9 15.1 11.6 6.9 15.9 12.1 9.3 5.4 400 . STS7A3OSF 30 6.8 x 3.5 12% 1 x 36 x 4 5 3 x 5 285 19.1 14.1 10.0 4.1 13.4 9.8 7.0 2.9 400 STS7030SF 30 6.8 x 3.5 12'A 1 x 36 x 4 5 3 x 5 412 28.7 21.2 16.1 10.5 23.0 17.0 12.9 7.5 450 STS8A35SF 35 7.79 x 3.94 13% PA x 42 x 6 6 3 x 5 385 18.5 12.1 7.6 1.6 14.8 9.7 6.1 1.3 450 S13035SF 35 7.79 x 3.94 13% 11(x 42 x 6 6 3 x 5 553 27.8 20.4 15.5 8.0 22.516.5 12.6 6.5 450 STS8A39SF 39 7.79x3.5 • 13% 1Ax42x6 6 3x5 410 13.7 8.0 3.7 - 11.1 6.5 3.0 - 450 STS8039SF 39 7.79 x 3.5 13% 1'A x 42 x 6 6 3 x 5 589 222 16.4 12.1 4.3 18.2 13.4 9.9 3.5 450 1 Catalog number includes pole with 4 anchor bolts with double nuts.BEFORE INSTAWNG ANCHOR BOLTS MAKE SURE PROPER ANCHOR BOLT TEMPLATE IS OBTAINED FROM COOPER UGHTING HEADQUARTERS. 2 Teton size or machining for rectangular arms must be specified.Handhole is located 180'from single arm. 3 Shah size.base plate,anchor bolts and projections may vary slightly-all dimensions are nominal 4 EPAs based on shaft properties with wind normal to flat EPAs calculated using base wind velocity as indicated plus 30%gust factor t Not recoawnonnded. O.D. Mounting Options Machining for Rectangular Arms - I Fixed Tenons(add as suffix) (add as suffix) Designation O.D. Length Designation Designation WIG1H Number (In.) (In.) Letter&Number Designation &Number Quantity 2 2% 4 Lumark/Crouse-Hinds McGraw-Edison &Location' 3 3% 5 Ml El Single 9 3 4 M2 E2 2 tip 180° M3 E3 3 0 90° M4 E4 4 0 90° Accessories M5 E5 2 0 90° A %'Tapped hub' 1 Ann mounting holes located 45°from base holes. B 3:Tapped hub' • • C Convenience outlet' Finishes a Grounding lug(Max wire/8 AWG) H Additional handhole and cover-1 2- F Dark Bronze Powder Coat a Designer Beige Powder Coat below pole top-90°from handhole G Galvanized S Silver Powder Coat 1 location is 3 above base-90*from handhole. H Red Powder Coat v Gray Powder Coat • 2 outlet is located 4'above base and on same side I Royal Blue Powder Coat W White Powder Coat of pole as handhole.unless specified otherwise. L Buttercup Yellow Powder Coat X None Receptacle not included provision only N Olive Green Powder Coat Y Black Powder Coat P Prime Powder Coat 86"�8 l 7 TENNIS COURT LIGHTING DRAWING SYMBOL "C" MANUFACTURER: Musco LIGHT SOURCE : Metal Halide (1000W) POLE HEIGHT : 40 FT • • O000 musco ID Sportscluster-2 Lighting: T2CT1/T2CT3 Tennis 2 Court-1000W SYSTEM PERFORMANCE •Li•ht Recreational Tournament _ _ {[ yy � ,yy��, i `0 �Q,�g --� ai hii;yyC'�f SACC �F, ,C� 1C � � ,j,)11�='f �' t..4F .,,,_, "-...,'f s-1b .e 'tt L ° ftX?t k I 25 31 55 69 /A f'%- �t _ , A atlb �,. 2 :x S aF1? if � .- �E i catiY(0_ f 2:1 2:1 �v. t E-j�•. l f r t 1 1 J31� .ii 1%or less variation/foot 1%or less variation/foot t+� •5� ik a,, 4 ._ z 2,� L, 1' -'1 js. _11 , v Fr 8-1000 Watt SC-2 16-1000 Watt SC-2 A • Structures = ti } 130 $ , "i 'N.',t"�%1-/ 1 Nuat•be €R c '* �s ' -a 4 40' 4 40' -i ; ' '' f •Electrical t.-- - v . ; 5 3 1L.�.lt a Werattn ,Am 3 "area s ate'*. - . ♦ � .' X^st s � tn:- 73 146 ° • 42 85 " V:'' 37 74 - � 31 62 2• *E0..",e '.kj i 18 35 • .,c- , d0�E: i 8.6 kilowatts/hour 17.1 kilowatts/hour Recreational Tournament • 0•eratin. Costs O� OOLJOO EACH POLE rol Ste} ' ` $0.43 $.68 $.94 $.86 $1.37 $1.88 g ��' -�`'; $108 $170 $235 $215 $343 $470 ' 9 215 340 470 430 685 940 '- ii 1 430 680 940 860 1370 1880 - n - STANDARD FEATURES OPTIONAL FEATURES For Rugged Reliability For Playability (See page 1-2 for order information) •• Factory assembled structure • Composite Beam-Loc • Designed to withstand factory aiming O Multi-Watt(2 light-level) 125 mph winds • 25%more light on the field Programming flexibility Enclosed wiring •• 65%less glare&spill O"Level-8"Modification • Maximum control of environmental light O Remote Ballast For Maintenance Ease For Safety Maintenance ease ❑Service Platforms • Hinged door • U.L listed Maintenance ease service compartment total assembly O Galvanizing • Adapts to all standard ballasts For Accountability Caustic environmental protection ill • Memory repositioning pin • Parts and labor warranty For 1000 watt applications contact your local Musco representative. Fixture quantities,aiming,and positioning will vary when any pole or boundary dimension change.Musco should be contacted for specific lighting application information. • Does not include additional pole length for direct burial poles 86-30 2-35 01990 MUSCO SPORTS-LIGHTING,INC. -+Crossarm is-2-1/2-square steel tubing with 1/8'wall thickness.Maximum strength to carry the weight and Wiring comes directly out of the drindload of light fixtures without misalignment Permits back of the socket,through the wiring to pass internally without exposure to elements. knuckle and into the crossarm, so no wiring is exposed. • r I Keyhole Slots for easy ''Crosserm Bolts are attachment reflector SAE Grade 8 lops and sl'zlesandlocksonbWlb _ attachRxkreassemblyb cane. ;` i f i - the GOSaarrrL + t • pule Through-Bolt is bos-• - J c i l~ .-a' b permit relampirg and is �" ! �° 'k ^ nary bad bearing compo- 'SAE Grade Sbo1L 9.' d` •etaining Ring for strength 'SAE-Society of /1 a anodized aluminum plate rein- Automotive Engineers r •1 i � ,I tortes reflector attachment b v -• �� • ••._, ��i?3,f�� the bulb Cone. one Gaskeling for pmtec- I / r Centering Ring protects lamp: highly resistant silicone • • �`- firmlylokfsthetampatasecond :CIS against water and ele- / - c point to keep d centered in the Is in rm,rellector/butbcone :i di-i "fi r - middle of the reflector shields - • rection,bulb cone/knuckle r s„-t tom • `!-4,-{ �sr' against heat deterioration of i rection and knuckle. tt y• •`"+,1' r �•�.s ,. lamp socket el minates lamp •,/ t'.- ; ..,,VC.''''.:,::, damage during set-up and in / !'. r '__r. \ wind vibration. Bulb Cone is die cast aluminum.`; .•,k JAM. M•_ .� Mogul Lamp Socket is spring- i.•- r • .''fie ;.. loaded to prevent loosening of F. • ;� .; t.'-."- lamp due to vibration and main- `', �.a rsi't� % ' �Jj; 3 f '7 lain electric!connection. !y. �. r _.ez - -r 4'4 /?3 - '\ -4 ?L:;^Qd +,,4 Lamp adapts to all standard J - w lamps: metal halide, mercury. U ,,�• i�� - high pressure sodium. Reflector directs light generat- ed by the lamp:.062 thick alu- minum alloy Alzak finish elimi- nates the oxidizing factor,which can decrease reflectance quali- ties. Filtered Vent allows sealed optic system to breath while fil- tering out contaminants. SiliconeGasketing/ ,'�,•- Lens protects the lamp and keeps reflector finishes clean: high impact-resistant,ler..,ered glass for strength and maximum light transmission. • ;- - �,•, • Latches for security:lour lens,. -- less steel latches hold the kns r-'f.,r� � .r .. r 'r-,l. _ '. and rim securely in place. t �:' . grin • i� t" ,e F -�, •. p. - r - • ( • (-? _ .��Stainless Steel Chain allows ••' L._ i �o ;i 7, �' ' t 1 - a easy opening la easy relamp ram. ''J � ': . _. i r .j'-•✓.` ' `' ice_ . ' 1 f k..,,): .. . .., f 4 . ,, ' • f At.' . '',/, ,t., . , 1.',... ' . iii, , +1 teihm, Patented Sportscluster Luminaire Assembly • ac;.r_ :vr --.. I U.S:Patent Nos.257891,4190881,254694,437407,4725934 - ',"I'�< 0' �r • Canadian Patent No.1114798 SPORTSCLUSTER-2. . .more energy efficient and environmentally protective. Other Patents pending And...the same rugged reliability of the original Sportscluster continues to hold the U.L.Listing No.E33316 line against maintenance costs. Canadian Standards Assoc.No.81102 . A 1990 MUSCO SPORTS-LIGHTING,INC. P.O. Box 14 2107 Stewart Road Muscatine,Iowa 52761 319/263-2281 •r- J3 J/ .• See the Value of Musco's Spill and Glare Control Technology S Extraordinary light control A view of the field for serious problems Sportscluster-2 has all the light control , that most fields ever need. . . built right into • the system. But where serious problems ; exist, Musco offers a Level-8 modification of 7..; Sportscluster-2 that gives dramatic relief Level-8 modifications are precisely -• tailored for specific situations that call for %(, substantial reductions—as much as 95 • • . ' percent—of off-field spill and glare. Even with reductions of this magnitude, . the Sportscluster-2 technology gives you the • . 4 same amount of high perfor- Problem Solution mance and outstanding playability on the field— Photo taken during retrofit of Level-8 Field on the left is without adding extra �/_ � original Sportscluster. ield on the right is nearing completion -t fixtures. t T`:`` of Level-8 modification 447 AO a �` = The advanced design of the •k ,g/ Level-8 reflector modifications reduces _•,�.// environmental light problems and - improves olayability on the field 0 A view of the neighbors Gets the glare out of players eyes • . t! ? • rZ- AJ I _, - I I Level-8 modification can make a visible difference in • I I light control situations.The picture on the left shows the I . effect of ballfield lighting on the adjacent house before the Level-8 modification was installed.Light spill created a I I serious nuisance for residents. - Wilh the Level-8 installation,spill and glare was Original Sportscluster Sportscluster-2 reduced so substantially,the house is barely visible FOOTBALL FIELD LIGHTING DRAWING SYMBOL "D" MANUFACTURER: Musco LIGHT SOURCE: Metal Halide (1500W) POLE HEIGHT : 80 FT Y , BP)r33 ii .. ' • Light-Structure System" 18 Fixture Luminaire Assembly ow, ice, ii , im, v, 9,7,4w-0,, ii 4-1,-r4copti.. 1., lov.mr4c44..., ii . 44,7-r4,00 , . .,„ I, 0,. .. 1001.,„,. Ir 1far * Ytlithi ‘Ir tr. , L f ', • ), I' Engineered as a system . . . complete from foundation to poletop [1 5 Easy Pieces ii • Poletop luminaire assembly Wire harness(inside pole) I. . ; • Steel pole sections • Electrical enclosure • Concrete base :fir I ; 1I L I _ ....._____ _ 0000 II Musco© [/ co1993 Musco Sports lighting.Inc. light-Structure System Isprotected by one or more of theblowing U.S.patents: 4725934.4190881.0254694.4374407.0257891.4729077.4450507.4816974. n 1 4947303.4994718.5016150.5075828.5134557,5161883. I� Canada:1114798.'Rd'1992 Musco 470479.Other patents pending. Not to scale • U Removable Pale Cop t t 0 CO 0 0 0 0 0 0 / i es Ali r 1 0 0 CO IP 0 0 0 111 qt,-... Pole Top Assembly . . Li 11111 Steel Pole Section - 1, 2. 3 or 4 Pieces II _,. ro. ^ 191 . _ --Ins Wireide HarPolneessillWire Harness i Inside Pole iiii One Harness For A Each Electrical Enclosure d Y r Electrical Enclosure Attachment Bracket OM of 3) Electrical Enclosures • • Ballasts • Capacitors • Fusing • Primary landing Lugs • Per Ught StructureBrc Wire Access Hub Per System O r Loeatfon w/ Grouunhenlg•g usJacking Bracket (typical)F . - Ill•10•-d ( (aPPros•) ' T— (opprox lifting Bar Hole ��-�.) I Above Ground Access Hole i • Ground level 1 �lr��it�lGround level °' •F �/� 'a—Underground Access Hole r r/ '' �' 1U Concrete Base /`� entrtfigually Spun. i::: Concrete Beata' Prestressed 1.1 FRONT VIEW SIDE VIEW FIELD SIDE • Not to scale :mu limn t e 1949>ausco spa is LOON.Inc. In wish each project are the following: This dimension for reference only.Variances will occur depending on the following: 11 (1) Offset Inst don�tion lifting bar (2) Concrete tolerances Steel Fole tolerances _`. (3) Installation wedges 8 r y G� ((3)) Galvanizing dickn sses C) ��l Based upon these,a variance may be seen.Additional variances will occur depending.. on•the hole depth accuracy. wy Crossarm is 2-1/2'square steel tubing with 1/8'wall thickness.Maximus strength to ca.-ryy the weight and Wiring comes directly out of the .wfndbad of light fixtures without misalignment Permits back of the socket through the wiring to pass internally without exposure to elements knuckle and into the crossarm. so no wiring is exposed. „ pplik; ...1,i1K.gr114 ii", Keyhole Slots for easy I �Crossarm Bolts are attachment reflector , , SAE Grade 8 bolts and slides and beksonto brrlb attach fixture assembly to cone' .r the crossarm. dill • t • kde Through-Bolt is loos- f .. pr :. \ I to permit relamping and is /' i y is • mart'y bad bearing compo : + .'SAE Grade 5 bolt • = ? : 4-. fir' 'etaining Ring for strength 'SAE-Societyof r anodized alurymxn plate rem- forces reflector attactunent to Automotive Engeers �� the bulb cone. tine Gasketing for protec- V't ''.% —r --'- `i -v-,. Centering Ring protects Wrap highly resistant silicone ♦ firmly holds the lamp at a second mrs against water and ele- - , 1. point to keep it centered in the b in rim,reflectodbulb cone middle of the reflector shields •_ tection,bulb cone/knuckle i against heat deterioration of • , section and knuckle. ti �r ` ` + lamp socket eliminates lamp i ` -q 1 ‘ y \ \„9Cs damage during set-up and in - rt • �, i-" ,i r wind vibration. Bulb Cone is die cast aluminum. j = :,, , Mogul Lamp Socket is spring- ',.I.. t ar loaded to prevent loosening of ' —.- ."' • lamp due to vibration and main- ,; t z �' lain electric)connection. • •. ;• t S J,J. 1I `! ;.- ;•;: ',. ' /'-------'—'-"'"'''.'-'"):--' . , , •.� 'i'i Lamp adapts to all standard ram ., . lamps: metal halide, mercurydi . 111,high pressure sodium. \ Reflector directs light general- ed by the lamp:.062 thick alu- minum alloy Alzak finish elimi- nates the oxidizing factor,which can decrease reflectance quali- ties. Filtered Vent allows sealed optic system to breath while fil- tering out contaminants. Silicone Gasketing/ Lens protects the lamp and keeps reflector finishes clean: • high impact-resistant terr.pered glass for strength and maximum fight transmission. • \ �,q y Latches for securky:four stain- , • less steel latches hold the lens t,., ? .ff :;.-""--. securely•n place. k and rim seta x r--Stainless Steel Chain allows ,-. 04 . .`�, .t .. .. easy ta y opening for easy relamp- ---, - - ' (1-d -\ r.ilk :::=Ilik ' t• • I} Patented Sportscluster Luminaire Assembly r ^� U.S-Patent Nos.257891,41901381,254694,437407,4725934 r'4 4?r `'") {I Canadian Patent No.1114798 SPORTSCLUSTER-2...more energy efficient and environmentally protective. Other Patents pending And...the same rugged reliability of the original Sportscluster continues to hold the U.L.Listing No.E33316 line against maintenance costs. Canadian Standards Assoc.No.81102 • C 1990 MUSCO SPORTS-LIGHTING,INC. P.O.Box 14 2107 Stewart Road Muscatine,Iowa 52761 319/263-2281 pep ^31„ .;See the Value of Musco's Spill and Glare Control Technology ii Extraordinary light control A view of the field for serious problems Sportscluster-2 has all the light control . that most fields ever need . . . built right into the system. But where serious problems r• .. exist, P iusco offers a Level-8 modification of r , Sportscluster-2 that gives dramatic relief. Level-8 modifications are precisely - .] tailored for specific situations that call for substantial reductions—as much as 95 percent—of off-field spill and glare. Even with reductions of this magnitude, _ the Sportscluster-2 technology gives you the same amount of high perfor- Problem Solution • mance and outstanding playability on the field— Photo taken during retrofit of Level-8.Field on the left is without adding extra _ original Sportscluster.Field on the right is nearing completion fixtures. �,- of Level-8 modification. s ,' r, -&\\ t The advanced design of the • • Level-8 reflector modifications reduces �' environmental light problems and improves playability on the field0 A view of the neighbors Gets the glare out of players eyes } the-•\ \ \\\\ - j 1 6 11 _ I I I • I II I I . II I I Level-8 modification can make a visible difference in I I light control situations.The picture on the left shows the I I I I it effect of ballfield lighting on the adjacent house before the Level-8 modification was installed.Light spill created a I serious nuisance for residents. With the Level-8 installation,spill and glare was Original Sportscluster Sportscluster-2 reduced so substantially,the house is barely visible. 18 B6-J' 7 u TIMARRON CAB. Al 50 10(. GRAPMIC SCALE IN FEET Approved by the Planning & Zoning Commission Date: Chairman: P&Z Secretary: Approved by the Cky Council • Date• , Mayor: City S"tary: 10' U. E. 7.5' U. E. T. 15' D.a3 U. E. - 37 DURHAM COURT 20'D.E -- 20 U.E.VOL.9955,PG.303 LOT I, BLOCK I, b\ 1/2"Iron.Sel APPROVED PRELIMINARY PLAT FOR PUCKER'S HACIENDA DE GUSTO \6 N� \ S/8"Iron F n d j S,\S� �° R=50.00 S ,t S/ iron ' LC=NO°0545 W I �t Fnd m \ 42.40 3 Q0, \ SS \.a0 1-00 \ I I �o_ �N B LOCK 12 1 1 IZ Mo LOT I \ 1/2"Iron Se+ ADDITION SR ENWYCK i IPHASE 2 I ti , 32 33 I 34 B LOCK 1 i o SLIDE 215 10'UE l i � W P R T CT , O 0.773 AC. I =� � 10 U.E• 29 TI RUCK ER FAMILY L.P. VOL.10432, PG.1170 D R T C T 1 N O 1 I o { N �i z i 2 POINT OF BEGINNING O FOR DESCRIPTION I/2"Iron I tJ) N 89-06'43" W 170.00 Set — - — /a _— --- - — — — — — — — -- — — �-- ;Iron Fnd r ` 1'-- 1� �_15 DaUE ' ! 26 25 28 27 i ARRON ADD i SON BRENW CK PHASE I C AB. A, iS LI DE 158 P R T C T VICINITY MAP 20'UE VOL 9955, PG.303 10' U E For 24 / / 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 FINES AND WITHOLDING OF UTILITIES AND BUILDING PERMITS. PLAT REVISION LOT I, BLOCK 11 RUCKER'S HACIENDA DE GUSTO AN ADDITION TO THE CITY OF SOUTHLAKE IN TARRANT COUNTY, TEXAS, BEING A TRACT iN O.W. K NIGHT SURVEY ABSTRACT NO. 899, AND A REVISION OF COMMON GREEN NO 36, IN BLOCK 12, TIMARRON ADDITION BRENWYCK , PHASE 2 AS RECORDED IN CABINET "A, SLIDE 2152, PLAT RECORDS, TARRANT, COUNTY, TEXAS. I LOT 0.773 Acres April 24, 1997 OWNERS: MICHAEL and CAROL RUCiCER lAtM Harvest Moon Drive, grapevine, Tx. 76051 (817) 481-2291 STATE OF TEXAS COUNTY OF TARRANT THAT'WHERE.S, Michael S. Rucker and wife Carol Rucker are the owners of a tract 'of load in the 0. W. Knight Survey, Abstract No. 899, situated in the City of Southlake, Tarrant County, Texas, as described in deeds of record in Volume ,,Page , and Volume , Page , Deed Records, Tarrant County, Texas, being a portion of the tract described in a deed to Rucker Family Limited Partnership recorded in Volume 10432, Page 1170V Aeed`tecords, .Tarrant Count-y, Texas, and the tract designated as Common Green No. 16, on a. plat of Timarron Addition, Brenwyck Phase 2, of record in Cabinet A, S.Lide 2152, Plat Records,. Tarra'ht'County, Texas, said tract and portion being contiguous are considered for the purposes herein as one tract and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8" iron found at the Southwest corner of said Rucker tract, same being the Southeast corner of Lot 34, Block 12 of said Timarron Adttition, Brenwyck, Phase 2; THENCE N. 00 - 32' - 07114. 157.03 feet along the West line of said Rucker tract to a 5/8" iron found at the Southeast corner of Common Green No. 36•, above referenced; THENCE N. 650 - 00, - 41" W. 21.01 feet along the Southerly line of said Common Green No. 36 to a 5/8" iron found at the Southwest corner of same in the Easterly line of a cul-de-sac at the East end of Durham Court; THENCE Northerly with the perimeter of sai4 Cul-de-sac being a curve to the Left having a radius of 50.00 felt., and whose long chord bears N. 00 - 05' - 45" W. 42.40 feet, a distance of 43.78 feet to a 5/8" iron found in same for the Northwest corner of said Common Green No. 36;* THENCE N. 640 - 49' - 08" E. at 20.51 feet passing the Northeast corner of said Common Green No. 36 and continuing in all 85.51 feet to a i" iron set for corner; THENCE S. 370 - 18' - 26" E. 185.20 feet to a I" iron set for corner; THENCE S. Po - 32' - 07" E. 100.00 feet to a 1" iron set in the North line of Block 12, of Timarron Addition, Brenwyck, Phase I, as shown on a plat of record in Cabinet A, Slide 1585, Plat Records, Tarrant County, Texas; THENCE N. 890 - 06' - 42" W. along said North line 170.00 feet to the POINT OF BEGINNING and containing 33641 square feet = 0.773 acres. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT, Michael S. Rucker and Carol Rucker, the undersigned do hereby adopt this plat designating the above described property to be known as Lot 1, Block 1, Rucker's_ilacienda De Gustol, an addition to the City of Southlake, Tarrant County, Texas, and do hereby dedicate to the use of the public all rights -of -way aftd easements as shown hereon. This plat does not alter or remove existing deed restrictigns or covenants, if any, on this property. WITNESS MY IiAND this day of 1997, Michae . Rucker Carol Rucker STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Michael S. Rucker and Carol Rucker, known to me'to'.b:e the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of 1997. T Notary Public in and for the Stat, Texas. This is to certify that I, Master W. Word,a Registered Professional Land Surveyor of the State of Texas, have_ 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 Final Plat correctly represents that survey made by me or under my direction and supervision. Walter V. Word Registered Professional Land Surveyor NO. 2014 WCD MAY 2 71997 CASE NO. ZA 97-059 { THIS PLAT FILED IN CABINET - SLi DE DATE 3 3 2 S GRAPHIC SCALE 1"a50' 0 50 100 150 V !t 11121\! V I W a \1 •\�•� Lot JR6 City of Southlake CITY OF SOUThLAKE ZONED 8-1 L. U. D. - MXED USE TREE COVER LOT 20 M RCHISON PROPERTIES, INC. ZONED SF-206 L . U. D. - MEDNAN DENSITY RESV E'NT/AL 1� �o, CTI � m Cn N LOT 1 TELESL 0PORT, INC. ZONED 0-I L. U. D. - MXED USE ' TYPE FI BUFFERYARD w/ 8 'CEDAR CAP h ~I 11 I i 1� 210 162 SF ( 1 srI I C I t4.825 Ac. I \ MARTM/ W. SChELLM1G, TRUSTEE I I I I I ZONED SP-2 � W I I I I Ln L.U.D.-MXEDUSE _ —--——— — — — — —— I L O/ /, 8/ock / (NCB 7' g_ I 5' TYPE A B�FERYARD I I ( I GORBUT T ADD/T/�?(V — — — ' — — — LOT 2 I/OL 388 - /56, PG 2 ( 5 TYPE A BtAFF>rRYARO I I I _) DONALD 8 MARY LIGHT ZONED SF- i P. R. T. C. T. Z o;i 110 ( Y L.U.D. - LOW DENSITY ( 1 1 g I �) RESIDENTIAL Lot 3R 2 \ I Lot = 30,043 SF I N _j A75 '38 ' 27 " ( Bvihg = 6,500 SF I I h ml -50. 00' =66.0i' © 51 '25' 00" R=75.00 L.=67.30 ' 1 1 I 1 �� S89*58'04"W 1411 1 5' TYPE A BLFFERYARD �o ( 5' TYPE A & FFERYARD 24 ' COMkIION 47 1 5 ' TYPE A BL9FfERYARD I 1J I ACCESS EASEMENT — N 6 I 25 ' TYPE FI BGFFFRYARD 1 w/ 8 'CEDAR CAP 1LOT 3 / SCREENMIG FENCE I 1 I „IERRYZONED S ADCOCK i `\ o 11 I I L.U.D. - LOW DDEA61TY RESAL Lot 3R 5 � � I wl Lot = 39. 173 SF I I �i Building = 8, 000 SF o / / 110 �O �\� Lot 3R 3 Lot = 43.245 SF I ( tnI - Building = 8. 000 SF I o� OWAER L.U.D�MIXED USE LOT 2, BLOCK I IV/ROW ADD/ T/ON o o; CA8/ T A, 5L /DE 1252 P. R. T. . T I N 9.59 ' 50 " E i 56 00 — — — ^ ^ I TREE COVER O N) Lot 3RI 1 a1 C� I Lot =30.013SF Buildi = 6 500 SF II" I WI TYPE B &FFERYARD 30' BU(-DM1G LAC Lot R j, Lot = 31, 511 SF Building 6, 000 SF� w I �1 (� 1 LI (L I I �Q I Q I l m( LOT 4 CU I DAVID�D AAARGAN I I( I O I SF CID L. U RESIDENTIAENSITY 4�D IPOINTOF — — — — l0 TYPE F1 BUFFERYARD w/ 8 ' SCREENING FENCE I WGUM 471 - - - - 492.81 ' --— — — — — —— N68*IV 9~W — GENERAL NOTES 1. THE DEVELOPER WILL MEET THE LANDSCAPE, OFFSITE PARKING, MASONRY AND SCREENING WALL REOUREMENTS OF THE SOUTHLAKE ZONING ORDINANCE. 2. ALL SIGNAGE WILL BE IN COMPLIANCE WITH THE STANDARDS OF THE SOUTHLAKE ZONING ORDINANCE. 3. THE DEVELOPER WILL NOT EXCEED THE MAXIMUM BUILDING COVERAGE, THE MAXIMUM IMPERVIOUS SPACE OR THE HEIGHT REGULATIONS OF THE B- I DISTRICT. 4. THE PROPERTY WILL BE GRADED TO PROVIDE SUITABLE BUILDING PADS S 20' DIAMOND SHAMROCK PIPELINE TRACT VOL 6931, PG 647 D.R.T.C.T. City ®f LOT 5 DARRELL L. 8 SUSAN L AkNUTT ZONED SF -I L. U. D. - LOW DENSITY RESIDENTIAL PROPERTY DESCRIPTION BEING an 4.758 acre tract of land in the John A. Freeman Survey, Abstract No. 529, situated in the City of Southlake, Tarrant County, Texas, and being a portion of that same tract conveyed to Martin W. Schelling, Trustee by deed recorded in Vol. 12376. Pg. 1565 of the Deed Records of Tarrant County, Texas (DRTCT), said 4.755 acre tract also being Lot 3. Block I according to the Final Plat of Miron Addition, an addition to the City of Southlake. Tarrant County, Texas as recorded in Cabinet A. Slide 1252 of the Plat Records of Tarrant County, Texas (PRTCT) and an abandoned portion of Miron Drive as recorded in Volume 12355, Page 563 DRTCT and being more particularly described as follows: BEGINNING at a 5/8" iron pin found at the Southeast corner of said Lot 3, Block 1 of said Miron Addition, said iron pin also being on the West line of Woodland Heights, an addition to the City of Southlake, Tarrant County, Texas as recorded in Vol. 388-155. Pg. 13 PRTCT, said iron pin also being on the Northeast corner of a tract conveyed to Diamond Shamrock Pipeline Company by deed recorded in Vol. 6931, Pg. 647 DRTCT; THENCE N 88*11*39" W along the said North line of said Diamond Shamrock tract, a distance of 20.26 feet to a 112 iron pin found, said iron pin also being the Northeast corner of Oak Tree Estates, an addition to the City of Southlake, Tarrant County. Texas as recorded in Cabinet A. Slide 2121 PRTCT; THENCE S 89'58'04" W along the said North line of Oak Tree Estates, a distance of 492.61 feet to a 5/8" iron pin found, said iron pin also being the Southeast corner of a tract conveyed to the City of Southlake, Tarrant County, Texas by deed recorded in Vol. 12404, Pg. 2205 DRTCT; THENCE N 00'08'52" E along the East line of said City of Southlake tract, a distance of 255.62 feet to a 5/8" iron pin found; THENCE S 89'58'04" W. a distance of 177.08 feet to a 1/2" iron pin set, said iron pin also being the Point of Curvature of a non -tangent circular curve to the right having a radius of 75.00 feet and a central angle of 51'25'00" and being subtended by a chord which bears N 49'56'49" E. 65.07 feet; THENCE Northerly along said curve to the right, an arc distance of 67.30 feet to a 112" iron pin set, said iron pin also being the Point of Reverse Curvature of a circular curve to the left, having a radius of 50.00 feet, a central angle of 75'38'27" and having a chord that bears N 37050'05" E. 61.32 feet; THENCE Northerly along said curve to the left, an arc distance of 66.01 feet to a 1/2" iron pin set; THENCE N 00'00'52" E tangent to said curve, a distance of 203.89 feet to a 112" iron pin found; THENCE N 89'59'50" E. at 56.00 feet passing a 112" iron pin found at the Southwest corner of Lot 2, Block 1 of said Miron addition, continuing along the South line of said Lot 2, Block 1, a total distance of 247.42 feet to a 112" iron pin found, said iron pin also being in the West line of said Woodland Heights; THENCE S 00'02'39" E along the West line of said Woodland Heights, a distance of 550.28 feet to the POINT of BEGINNING and containing 207,261 square feet or 4.758 acres of land. SITE DATA CURRENT ZONING B - I CURRENT LAND USE VACANT LAND USE DESIGNATION MIXED USE PROPOSED LAND USE OFFICE / COMMERCIAL PROPOSED BUILDINGS 5 DEVELOPMENT REGULATIONS ZONING B -1 REQUIREMENTS DEVIATIONS FRONT YARD BUILDING NONE SETBACK OF 30' 10' TYPE F1 BUFFERYARD ALONG REAR OF LOTS WHICH BORDER NONE EAST AND SOUTH PROPERTY LINES 10' TYPE 8 BUFFERYARD ALONG FRONT OF LOTS ALONG MIRON DR. NONE 10' TYPE C BUFFERYARD ALONG REAR OF LOT 3R5 ALONG WEST NONE PROPERTY LINE 5' TYPE A BUFFERYARD ALONG SIDE PROPERTY LINES OF LOTS NONE 3R I - 3R5. REAR YARD SETBACK OF 25' ALONG LOTS WHICH ABUT NONE RESIDENTIAL ZONED PROPERTY Lot Building SF Parking Required Parking Provided 3Ri 6,500 28 28 3R2 6,500 28 28 3R3 8,000 32 32 3R4 6,000 25 25 3R5 8,000 32 32 11 MARTIN W. SCHELLING,TRUS 601 Gnpevine., TX 76051 fax 0001 8r0dge StreK Sure 100, Fort worth Texas 76112 Metro (817) 42W4M PLANNING 8 ZONING COMMISSION: Date Approved, Chairman i Secretary: CITY COUNCIL Date Approved, _ Mayor City Secretary, _ CONCEPT PLAN FOR hMON ADDMON LOTS 3R1— 3R5 N AT REMbSION CU 1FjM My BIMM 4.758 Ages LOT 3. BLOCK 1 OF Tm ON SUBDIVISION RBOORD� IN CAERqET A, SLIDE 1252 OF THE PXT.C.T. AN ADMTM TO T>ll CrTY OF SOUTE, TARRANT COUNTY, TEAS MARCH,1997 �� --�� CASE NO. ZA 97-036 Le jECD MAY 2 71997, 11 I III' I I I m 4 OWNER'S CERTIFICATE NT1 N 0 GRAPHIC SCALE 1"=100' 0 100 200 300 L041061112II) \1ROI" T STATE OF TEXAS: COUNTY OF TARRANT: KNOW ALL MEN BY THESE PRESENTS: WHEREAS, MARTIN W. SCHELLING, Trustee, hereinafter called "owner", is the owner of that certain parcel of land situated in or within the extraterritorial jurisdiction of the City of Southlake, Tarrant County, 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 purposes 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 Owner does hereby fully having remiss, and release any right or 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 o noises, vibration, fumes, dust, fuel, and lubricant particles, and all 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, his heirs and assigns, and successors in interest with regard to said property located 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, Texas. Executed this day of , A.D.. 1997. MARTIN W. SCHELLING. Trustee EAST SOLTTHI AKB BOULEVARD (FM 1709) (130' ROW) 15'UE- - 50 ` BL ZO L T 1R, BLOCK I1 1 I� 1�OP. S JI /RONADDITiok to Gp,B PR m( A NETA , A, SL/DE112� I� �o/ P. R. T. C. T. LOT 5, BLOCK 1 j5/e" IPF o= G I I 200.40 ' 15 050 ' 54 " 1 I S89• 9"8 R=188.43' 1 I LOT eA, BLOCK 1 LOT 6, BLOCK 1 200 40' ' N00'07'55"E _ L=52.i2 I I 5/B IPF SO '56 ' 28 " E 93.20 ' 100.42 EX 15'1 .1/2" IPF! os 03 '57 ' 21 " 145 .00 "Ell Cab A. Slide 125� R=272.001 I I N00 12 ' 22 " E 1�.5 . oo 12' i/2" IPF I L=18 78 ' i I i 174.42 ' IQ 1/2" IPF 1/2" IPF SO '00 ' 52"W 3 .07 ' Ia 1 170. 00LOT 2, BLOCK I i" S89 ' 3 ' 23 " I� 18.781 IP I ` If ( - - 170 00 ' - 1/2 IPF i/2" IPF tY) EX 10' UE 1/2' IPF I 1NEI �91 . 4 I I Cab A. Slide 1252 ( ( Q. LOT I I PRTCT Lot 4R I ! II 210094 SF _J _too � Lot 3R! ! � I Ln 30013 SF ! -� I f o) q • ! I CD HM cu M I Z -59' ISO I i o 191. 58' ! LO Oq I 1 W � r I I I I ��o Q�. j I ! ~ R=66.0� ' / I Lot 3R2 I IuJ LOT 2 ! L I 30043 SF (>�O • Q� in I I L=67.30 '" I I Lo J N89 '58 ' 04 "E _ _ 432. 10 ' I w 20' DIAMOND SHAMROCK w I 1 O8' �s' ( I PIPELINE ROW 8 ESMT 255.62 ' 23. 00 ' 1 ,q S8 59 ' 08 " E VOL 6795. PG 2003. 11,.56' 3i I LOT 3 D.R.T.C.T. 1_ 4'- " N 89.59' 08"E I LU ! _ ACCESS EASEMENT 47. 00 ' I �I W Y Lot 3R6 ru i I.�' o I : (U �cu 65340 SF Lot 3R5 vP ��'v 0 r tD 39173 SF v • Lot 3R3 I - Ii co.h 104.54 ' v�. 43245 SF I co {u UCU Z �Lot 3R4 s �, I o O 31511 SF O I D) I NO '01 ' S6"W I( p LOT 4 Z NO *01 ' 56 " W I I I 80.00 ' �) I 80 20 26 ' I ( �Qltf CP - - - ( - - - - 255.62 ' _ _ 10 u� 128.07 '- - - - 230.00 _ _ - 134.74 ' - S89 58 ' 04 " W - EX 10 ` UE 748.43 ' IPF- 5/8" IPF LOT 21 LOT 22 20 ` DIAMOND SHAMROCK LOT 18 LOT 19 LOT 20 ��51Qy BLOCK ► I PIPELINE TRACT LOT 23 LOT 24 I VOL 6931, PG 647 D.R. T.C.T. FREE 5 �� N88 ' 11 ' 39 " W I LOT op��� P R .� " 20.26 ' 1 Gp6 NO PORTION OF THE SUBJECT PROPERTY IS WITHIN A 100-YEAR FLOODPLAIN AS DELINEATED BY FEMA MAP No. 48439CO185, DATED AUGUST 2, 1995. THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO REQUIRE MINIMUM FINISHED 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. ALL OWNERS OF CORNER LOTS SHALL MAINTAIN SIGHT TRIANGLES IN ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. NO LOT SHALL HAVE DIRECT ACCESS TO EAST SOUTHLAKE BOULEVARD. ALL INTERIOR LOT PINS ARE 1/2" IPS. UNLESS NOTED OTHERWISE 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. Ctty of S OWNEDBY: = OFSOUTMAKE 667 NORTH CARROU Term 76092 (817) 481-5581 fax (817) 488-5097 This is to certify that I. Tommy D. Burks, a Registered Professional Land Surveyor of the State of Texas have platted the above subdivision from an actual on -the -ground survey. and that all lot corners, angle points, and point of the 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. Tommy D. Burks Registered Professional Land Surveyor, No. 3668 THIS PLAT DOES NOT ALTER OR REMOVE EXISTING DEED RESTRICTIONS OR COVENANTS, IF ANY, ON THE PROPERTY. OWNM BY: MARTR4 W. SC11 J111. LUNG, TRUSTEE 601 W. Wall Grapevine, TX 76051 (817) 481-7751 fax (817) 481-2597 165v -01TIV WHEREAS Martin W. Schelling. Trustee and the City of Southlake. Tarrant County. Texas are the owner's of an 11.081 acre tract of land in the John A. Freeman Survey. Abstract No. 529, situated in the Cityy of Southlake, Tarrant County. Texas, and bein a portion of that same tract conveyed to Martin W Schelling, Trustee by deed recorded in Vol. 1231'6. Pg. 1565 of the Deed Records of Tarrant County. Texas (ORTCT) and all of that sane tract conveyed to the City of Southlake, Tarrant County, Texas by deed recorded in Vol. 12404. Pg. 2205 DRTCT, said il.081 acre tract also being9 Lots 3 and 4. Block i according to the Final Plat of Miron Addition, an addition to the City of Southlake, Tarrant County. Texas as recorded in Cabinet A. Slide 1252 of the Plat Records of Tarrant County. Texas (PRTCT) and an abandoned portion of Miron Drive as recorded in Volume 12355. Page 563 DRTCT and being more particularly described as follows: BEGINNING at a 5/8' iron pin found at the Southeast corner of said Lot 3, Block i of said Miron Addition, said iron pin also being on the West line of Woodland Heights, an addition to the City of Southlake. Tarrant County. Texas as recorded in Vol. 388-155. Pg. 13 PRTCT, said iron pin also being on the Northeast corner of a tract conveyed to Diamond Shamrock Pipeline Company by deed recorded in Vol. 6931. Pg. 647 DRTCT: THENCE N 88*11*39" W along the said North line of the Diamond Shamrock tract, a distance of 20.26 feet to a 112 iron pin found, said iron pin also being the Northeast corner of Oak Tree Estates, an addition to the City of Southlake. Tarrant County, Texas as recorded in Cabinet A. Slide 2121 PRTCT: THENCE S 89.58'04' W along the said North line of Oak Tree Estates, a distance of 748.43 feet to a 5/8' iron pin found. said iron pin also being the Southeast corner of Lot 1, Block 1 of Garbutt Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Vol. 388-156. Pq 12 PRTCT, said iron pin also being the Southwest corner of said Lot 3, Block 1 of Miron Addition and the herein described tract: THENCE N 00'08'52' E along the East line of said Lot 1. Block 1 of said Garbutt Addition. a distance of 579.13 feet to a 1/2" iron pin found, said iron pin also being the Southwest corner of Lot 2A. Block 1 of Garbutt Addition, an addition to the City of Southlake. Tarrant County. Texas as recorded in Vol. 388-205. Pg. 10 PRTCT: THENCE S 89'53'23" E along the South line of said Lot 2A. Block 1 of said Garbutt Addition, a distance of 170.00 feet to a 112' iron pin found at the Southeast corner of said Lot 2A: THENCE N 00'12'22" E along the East line of said Lot 2A, a distance of 74.42 feet to a 1/2' iron pin found, said iron pin also being the Southwest corner of Lot 6, Block i of said Miron Addition; THENCE S 89'48'12" E along the South line of said Lot 6, a distance of 145.00 feet to a 1/2" iron pin found at the Southeast corner of said Lot 6: THENCE N 00'07'55' E along the East line of said Lot 6. a distance of 100.42 feet to a 5/8' iron pin found. said iron pin also being the Southwest corner of Lot 5, Block 1 of said Miron Addition; THENCE S 89'52'29' E along the South line of said Lot 5. a distance of 200.40 feet to a 5/8' iron pin found, said iron pin also being on the West right-of-way line of Miron Drive (56' ROW). said iron pin also being the Point of Curvature of a non -tangent circular curve to the left having a radius of 188.43 feet and a central angle of 15.50'54" and being subtended by a chord which bears S 03'58'59' K 51.96 feet: THENCE Southerly along said curve to the left and the West right-of-way line of said Miron Drive. an arc distance of 52.12 feet to a 1/2' iron pin found: THENCE S 03'56'28" E tangent to said curve and alon said Most right-of-way line of Miron Drive, a distance of 93.20 feet to a 1/2' iron pin Lund. said iron pin also being the Point of Curvature of a circular curve to the right. having a radius of 272.00 feet, a central angle of 3'57'21" and having a chord that bears 01'57'48 E. 18.78 feet: THENCE Southerly along said curve to the right and the West right-of-way line of said Miron Drive. an arc distance of 18.78 feet to a 1/2' iron pin found; THENCE S 00*00*52' W tangent to said curve and along the West right-of-way line of said Miron Drive, a distance of 39.07 feet to a 1/2' iron pin found: THENCE N 89'59'50" E. at 56.00 feet passing a 1/2' iron pin found at the Southwest corner of Lot 2. Block i of said Miron addition, continuing along the South line of -said Lot 2. Block 1, a total distance of 247.42 feet to a 1/2" iron pin found, said iron pin also being in the West line of said Woodland Heights; THENCE S 00*02*39' E along the Nest line of said Woodland Heights, a distance of 550.28 feet to the POINT of BEGINNING and containing 482.695 square feet or 11.081 acres of land. NOW. THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT Martin W. Schelling. Trustee. and The City of Southlake. Tarrant County. Texas, acting by and through the undersigned, its duly authorized agent, do hereby adopt this plat designating the herein above described real property as PLAT REVISION. LOTS 3Ri thru 3RE 6 LOT 4R. BLOCK 1, MIRON ADDITION, an addition to the City of Southlake. Tarrant County. Texas and do hereby dedicate to the public's use forever the rights -of -way and easements shown thereon. WITNESS our hands this the day of 1997. Martin W. Schelling, Trustee STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Martin W. Schelling, known to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of . 1997. Notary Public. State of Texas My commission expires Rick Stacy, Mayor of the City of Southlake. Tarrant County. Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Rick Stacy, Mayor of the City of Southlake, Tarrant County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 1997. Notary Public. State of Texas My commission expires PLANNING 8 ZONING COMMISSION, Dote Approved, Chairman, Secretory CITY COUNCIL Dote Approved, _ Mayor 1 City Secretory . (300DVENI HALL � - CML ENGINEERS - PLANNERS -- SURVEYORS 6001 &idge Street, Sube 100, Fort WoMh Texas 76112 Metro (817) 4294373 PLAT REVISION of ON ADDMON IotS 3I0M1 3R6 & -- - 4R, Block1 an Addition to the � e of Souft , Tarrant Cam, Texas bemg a tision of Lot 3 & Lot 4 Whon AAA as record in Cabinet A, Slide 1252 of the PXT.C.T. beang 11.081 Ades in the Joim A. Fhoenwn Survey, Abstract No. 529 situated in the City of SCRAW e, Tanant County, Texas 7 Lots Match 1997 Case No. ZA 97-037 SH=1 OF 1 THIS PLAT FILED IN CAB. SLIDE DATE 14 r RECD MAY 2 71997 1997. • VILLAGE CENTER ZONED C-3 LOT 1, BLOCK 2 2.270 ACRES JAMES P. FARRAR MELISSA FARRAR AUBERTY WILLIAM SCOTT FARRAR VOL. 9764, PG. 310 D.R.T.C.T. L.U.D.= " MIXED USE" F.M. HIGHWAY 1709 SOUTHLAKE BLVD. 130' R.O.W. APPROX. 448' TO CENTERLINE OF APPROX. 395' TO CENTERLINE OF INTERSECTION OF MIRON DRIVE INTERSECTION OF VILLAGE CENTER DRIVE ZONED 0-1 I BLOCK 1/ LOT 1AF STAR GAS MME .047 ACRES I MIRON ADDITION FND. 1/2" I.P. I CAB. B. SIDE 1252 (BEARS N fOd 22'58' E 0') FND. HWY MONUMENT .. . . ,.-. w.„ r _ EARS VILLAGE CENTER ZONED C-3 LOT 2, BLOCK 2 2.158 ACRES JAMES P. FARRAR, ET AL. TO T & M SOUTHLAKE DEVELOPMENT CO. VOL. 12351, PG. 0784-0791 D.R.T.C.T. L.U.D.= "MIXED USE HIGH VOLTAGE BOX ►rn nV PVT nrATVn TNTRIT- N 89d45'27" E 315.77' Roe• O- .•.•.•.•::.•.•..•:..•.•.•....::... •.•:.• •.• .•.: • . . myu L.U.D. _ "MIXED USE" I •;•; : ;•.•.•; • • • _ _... . fay'•.:.:. — _ _ _ 50' _BUILD' G LINE ^ -- TELESUPPORT �" ' ' ' ' ' ' '' ' ♦��'`'�,14' 25' . FIRE LANE 1725 E. SOUTHLAKE BLVD. SANITARIY SE R /•:•'::;:;:•:;:: • • ; ;. ;. .. '' SOUTHLAKE TEXAS •.•.•.•.•.•.•. ..... ... CLEAN UT •:•�•. .•e:! ' 76092 .•.•.• •.•:•:•.•:•:.•.:•:• I I••••�•••'•••••••••• ...................... :.:::::::.::::::• EXIST'G .... . ..•.. BUILD'G / ::. • ewe . \ ..'..'.' ... ...... I \ ,o�o .... ..... .'............EXIST ,��ACCES 6 .. .:..... . ... ....... ' 010, oll I -op o. ZONED 0-1 %Ile . BLOCK 1 / LOT 1 10"• •;•' .USE .� NEW ACCE S � o , I � \ I \ I ZONED 0-1 \ BLOCK 1Z LOT 2 ` \ i EXIST'G L.U.D.= 'MIXED USE" I BUILD' G \ I EXIST' ACCESS I \ I I ' I I 25' FIRE LANE al FND, CAPPED I.P. (THOMPSON) EMERGENCY ET ZONED 0-1 LOT 25 R-2/ BLOCK 1 WOODLAND HEIGHTS CAB. A, SLIDE 1681 BILL WILLAN L.U.D.= "MIXED USE" EXIST'G ACCESS EXIST'G BUILD' G EXIST'G ACCESS - GTE BOX TELE. RISER FND 1/2" I.P. '2 BEARS N 89d 45" E. .791) �n I ZONED 0- 1 U LOT 2 1.41 ACRES V) FRANK RITZ a 1205 IRA E. WOODS GRAPEVINE, TEXAS 76051 I L.U..D. "MIXED USE" I w � 10' TYPE "'B" BUFFER 15' BUILD' G LINE & I UTILITY EASEMENT oCD I co w EXIST'G BUILD G o .d 0 TRAS DUMPSTER W/ 8' ONRY WALL EXIST'G BUILD' G FND. CAPPED I.P. ( AREA SURVEYING ) NORTH SYMBOL LEGEND REQ'D BUFFER YARD AREA LANDSCAPE AREA NORTHWEST PKWY. (1407) a SOUTHLAKE BLVD. (F.M. 1709) U vi CONTNENTAL BLVD. VICINITY MAP NOT 'f0 SCALE CONCEPT PLAN 0 1 SCALE: 1 = 30 m .4 0 15' 30' 60' 100• A O z V co i U] H IE/1 w N � ,�`7. � O {z3 ONdE-4�' w3ww �a zo ao� ov U��A c3. ►`3a R�C'D MAY 2 71997 r Q J U) N O r 3 0 N 0 r, a w CC a 0 Q N 0 r rn na co N 0 r, rn N O N Q 616, \ "o L 61 S, �,�°• S89'5r5'08�E EXIST. DRIVEWAY of M 35.5' COMMON ACCESS ESMT. EXIST. CONCRETE P'VMT. (EXIST. FIRE LANE) 184.00' N , 0 -TLo 10' REAR YARD Vt- BUILDING LINE O. REMO EXIST. c14 I I " .\\ CONC1 SPEAKER � DRIVE-THRU >- �' . 1 COLUMN (� 12'x18'x6" RAISED _ _ _ _ _ _ _ _ _ w =� ---------- o TRASH ENCLOSURE w - - - _- = = _ = = = vl' all SCREENING WALL \- � p-� -- - - - - _ 4.. \ ISAW CUT \�6M _ - - �F ap \ MEN1,J� D=_ =- _ _ _ - - - - -- _ _ 118,1 }i IAI ci co \ \ = 6r _= _ _- 7 88.6 7' O - S 05 CONCRETE GG•ao PVMT.WENDYeuENTRY x 0.... 5.5' 18' 30' �y w 14ti CG3480 u \ \\ I e'1.5p z 5 = DRIVE TH RU vl�� as �1►\.�.j'. C\'Z��` ` ay. ��'-y•oR�'��c-o' oG�.mo�o � 5�.... >- - =_- RESTAURANT ,QJ�''P•RG;t � �poJ„ aa. . ... O aSz . �GN 5n m AL LLj Qi I 50' FRONT YARD BLDG. PARKING LIGHT'` \ - - - - -= _ _ � _- _ _ _ -_ -_ - __ \ \ IN N p Z -_ S 3 \ Q0 \ W d \ \ \ 2.5'R 04 CONCRETE N \ PvmT.\ 9' \ W 619� 6,78 8 �\� O \\ VARIABLE WIDTI�� - - \ 1 ' w- UTIB ESMT. F�EL. 612.33 20' BUFFER so* �\ \ - - 8 S S MH�-- �- - � N • / � s s�oEw,u,x (TRAIL sr�„ o - ' \ywM N \ 20' BUFFERYARD "0" 103.31 FA t` w Naz ow W a 00 20 U Cn W v Ln ;n w ' uj ! � M `- 30' i i \ \ 1> � o C \ \ \ ` O N \\ \\ \\ \�\ �� 616 Kf;"' BL 7 VD. �� •1709) i VARIABLE VpiH RIGHT-OF-WAY AND ASPHALT PAVEMENT STREET Y1 / i NO EXITING/ /DRIVEWAYS ZA RICHARD C. ZEMBROD / VOL 3926, PG. 504 ZONING AG / LU.D. MIXED USE DRIVE SITE DATA SUMMARY CHART PROPOSED BLDG. PARKING REQUIRED REQUIRED BLDG AREA RATIO PARKING LOADING WENDY'S 3069.2 1 P.S./100 S.F. 30.69 P.S. 0 PROVIDED PARKING PROVIDED LOADING STANDARD 35 SPACES LOADING 0 SPACES HANDICAP 2 SPACES TOTAL 37 SPACES TOTAL LOT AREA 0.8126 ACRES = 35,397 S.F. NUMBER OF STORIES: 1 STORY BUILDING; 21'-10" MAX. HEIGHT NO OUTSIDE STORAGE IS PROPOSED (0%). (ENTRY VESTIBULE TOWER) SITE COVERAGE: 3,069.2 S.F. = 9.7% OPEN SPACE: 8,744 S.F. = 24.7% RESTAURANT SEATING CAPACITY = 88 WENDY'S BLDG. SQ. FT. BREAKDOWN DINING ROOM 1511.6 KITCHEN 886.5 COOLER/FREEZER 180.0 RESTROOMS 215.7 OFFICE 68.3 TOTAL GROSS 3069.2 REQUIRED BUFFERYARDS & INTERIOR LANDSCAPE BUFFERYARD CANOPY ACCENT WIDTH -TYPE TREES TREES SHRUBS FENCE/SCREENING ij NORTH 3 � ITY HALL Z m � oHHfi TWAL-MOWART ®o S01J7iUYKE BLVD. S (FAL :75 1 NSITE < � m in � Y VICINITY MAP NTS NORTH - 184.00' REQUIRED 5'-A 1.8 3.7 14.72 NOTES: PROVIDED 5'-A 2 4 15 CC EAST - 194.50'56 1. TRASH RECEPTACLES (DUMPSTERS) ARE TO BE SCREENED ON ALL FOUR SIDES REQUIRED 5'-A 1.9 3.9 15 5. WITH 8' MASONRY SCREENING WALLS SIMILAR TO THE BUILDING ON THREE SIDES 4 . 16 AND A GATE ON THE FOURTH SIDE. PROVIDED 5'-A 2 2. SEE ARCHITECTURAL ELEVATIONS AND ARTICULATION EXHIBITS FOR BUILDING SOUTH - 184.58' z FACADES, DOORWAYS, AND ADDITIONAL BUILDING DIMENSIONS. REQUIRED 20'-0 7.4 5.5 25.80 - PROVIDED 20'-0 8 6 26 3. WALL SIGNAGE SHALL COMPLY WITH CITY OF SOUTHLAKE SIGN ORDINANCES.Aj WEST - 184.76' z 4. WENDY'S RESTAURANT SCHEDULED TO BE CONSTRUCTED JUNE-SEPTEMBER 1997. REQUIRED 5'-A 1.8 3.7 14.72 PROVIDED 5'-A 2 4 15 5. SITE PARKING LOT LIGHTING SHALL BE 1000 WATT HALIDE FIXTURES. GIVING AN AVERAGE OF 10 FOOTCANDLES AND A MINIMUM OF 2 FOOTCANDLES PARKING LOT LANDSCAPE (18 S.F. x 36 PARKING SPACES) F ILLUMINATION) MOUNTED POINTING DOWNWARD ON 21'-6" POLES WITH AREA REQUIRED 648 S.F. CONSIDERATION OF EXISTING PARKING LOT LIGHTING IN THE VILLAGE CENTER AREA PROVIDED 1213 S.F. (INCLUDED IN INTERIOR LANDSCAPE AREAS) DEVELOPMENT. PROP. MONUMENT SIGN \6�S 20 10 0 20 40 1 " = 20' NONE NONE NONE `I`wlA GROUND - INTERIOR LANDSCAPE (GROSS BLDG.--3069.2 S.F. x .50) COVER AREA REQUIRED 1534.6 S.F. 2.6 5.1 25.5 153.5 AREA PROVIDED 2058 S.F. 3 6 26 160 1. WHERE PARKING IS PROVIDED BETWEEN THE BUILDING SETBACK LINE AND PUBLIC R.O.W., SHRUBS OBTAINING A MATURE HEIGHT OF THREE FEET (3') OR GREATER WILL BE PLANTED AT A MINIMUM SPACING OF THIRTY INCHES (30") ON CENTER CONTINUOUS ALONG ALL PAVED EDGES OF THE PARKING. LEGEND PARKING LOT LANDSCAPE -INTERIOR LANDSCAPE EXISTING CREPE MYRTLE (ON SITE & ADJACENT LOT) 0 EXISTING LIVE OAK (ON SITE & ADJACENT LOT) ® ENTRANCE/EXIT TO BUILDING SITE PLAN OF LOT 2, BLOCK 1 VILLAGE CENTER PHASE I BEING A 0.8126 ACRE LOT COMMERCIAL DEVELOPMENT VILLAGE CENTER ADDITION AS RECORDED IN CABINET A. SLIDE 3049 D.R.T.C.T. IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049 IN THE CITY OF SOUTHLAKE BENCHMARKS: SQUARE CUT ON WEST END (TOP) OF CONCRETE HEADWALL UNDER SOUTHLAKE BLVD. (FM 1709) 9'f NORTH OF EXISTING CURBLINE 550'f WEST OF KIMBLE AVE. ® S.W. CORNER OF WALMART TRACT. ELEVATION 613.82'. "X" CUT FOUND ON SOUTH SIDE OF 2' DIAMETER SIGNAL LIGHT POLE BASE ® SOUTH SIDE OF INTERSECTION OF S.H. 114 AND BRIARWOOD, 1000't WEST OF KIMBLE AVE., 5' SOUTH OF EDGE OF ASPHALT. ELEVATION 617.45'. TARRANT COUNTY, TEXAS MAY 27, 1997 PER P & Z APPROVAL RECOMMENDATION OWNER T&M SOUTHLAKE DEVELOPMENT CO. fIC MAY 2 71997 c/o MIDLAND SOUTHLAKE DEVELOPMENT CO. WESTPARK 1, SUITE 200 12655 OLIVE BOULEVARD ST. LOUIS, MISSOURI 63141 (314) 576-1900 VOL. 12216, PG. 983, D.R.T.C.T. DEVELOPER AE WENDY'S INTERNATIONAL, INC. .4545 FULLER DRIVE C O N S U L T A N T S SUITE 404 NATIONS BANK BUILDING ATN: IM EST, 500 WEST SEVENTH ST., SUITE 600 ATTN: TIM WEST, ENGINEERING MANAGER TELE. 972-791-0070 FORT WORTH, TEXAS 76102 FAX 972-541-0179 817-339-8950 ZA 97-052 FAX 817-336-2247 u, EXIST. CONCRETE PVMT. 6161� 6 \\ IN \ \ \ . 11 —�.--------------- 7 - — — — — — — — — — — \----------- ---- ----� — — — — — — -------�\------------N----------Z-------------�------------------ ----— — — — — — — — — — — — — — — — — — —\ --� \616 7 — —�— ---1-- — —;7$ 1709) S01UTHLAKLq" VD, (T, • VARIABLE r4H RIGHT—OF—WAY AND ASPHALT PAVEMENT STREET BENCHMARKS: SQUARE CUT ON WEST END (TOP) OF CONCRETE HEADWALL UNDER SOUTHLAKE BLVD. (FM 1709) 9 t NORTH OF EXISTING CURBLINE 550't WEST OF KIMBLE AVE. ® S.W. CORNER OF WALMART TRACT. ELEVATION 613.62'. ,X CUT FOUND ON SOUTH SIDE OF 2 DIAMETER SIGNAL LIGHT POLE BASE ® SOUTH SIDE OF INTERSECTION OF S.H. 114 AND BRIARWOOD, 1000't WEST OF KIMBLE AVE., 5' SOUTH OF EDGE OF ASPHALT. ELEVATION 617.45'. NOTES: 1. ALL PROP. CURBS ARE 6' TALL UNLESS OTHERWISE NOTED. 2. ALL SPOT ELEVATIONS SHOWN ARE TOP OF PAVEMENT UNLESS OTHERWISE NOTED. 3. ADD 600 FEET TO ALL SPOT ELEVATIONS. CAUTION! -- NOTICE TO CONTRACTOR. 20 10 0 20 40 1"=20' THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND, WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANY AT LEAST 48 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF THE SLOPED PAVING, EXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS, AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. LONESTAR GAS GTE T.U. ELECTRIC HARRON CABLE 1-800-344-8377 1-800-344-8377 1-800-242-9113 (214) 938-0333 OECD MAY 2 719974 ri r� v) 8 � W Z O ZH� U J�X �Y o cnawD��D U) N 0) o< z U.4D U qo!4 z o_Q `� W WWX Em4 < "`y LL d. ZoFy< 1�! Z W cn W QO t~I S v Z a 5 dh 0 Z Q 0 z REVISIONS DESIGNED BY: JCM, PE DRAWN BY. JDS CHECKED BY. FILENAME: 97026MST.DWG JBM NO.: 202/97026 ISSUE DATE: MAY, 1997 SHEET NO: C-5 bw 7 -6 62121 (5 LVEW YWV-L TILL: '-- `•"- I ' ' .- -------------------------------- K/ fn 0 O t13'-4 13'-8 IT-b 21'-2 Q 'v --------------------------------------------------------------------------------------------------------------------------------------------- 34'-2 � 2-5 T WEST SIDE LEFT 510E PARTIAL PLAN sCALB i• =1'-O' I T EAST" SIDE MIGHT 510E PARTIAL PLAN xNZ: r• =V-0- 0 MAY 2 71997 r�i3-MAY-Igg7 W.18 s 2 N OC Q W �C Z F— U W QY � J >0 CO � o L14NARY 00 6re"a E GTION wewar's rlewDr'S sl pia eR1C .+GPASGu► 61ALp�dt*r ZA 97-052 eULD.db 115 J"m Na 5�T Na 7m:4 9 b LT. GRAY 5TLAXO BAND QJ LT GRAY 5TLY.GO BAND PR0.6CT 1' F i4 LIGHT STUCCO TO MATCH C frER 3f W BRICK VENEER TO MATCH C NTER — NORTH SIDE REAR ELEVATION 5CAZ Y4. =I' -a LIGHT FIXTURE FMI5H BLACK i COPPER t- ROVI-OCK VENEER SOUTH SIDE RRONT ELEVATION SCALE: %' =1' -O' -------------a----------------------------- t-i------------------------------------------- 1--1----------------------------- y------------- 7-8 1 3'-4 1 l'-2 1&1 10'-8 161 -1'-2 1 3'-4 7-6 3'-0 4'-0 7-5 1 37-6 7-8 2-4 SOUTH SOUTH SIDE FRONT PARTIAL PLAN SCALE: %4' =1' -O' WC) MAY 2 71997 73-14AY-win WOO s i n wX �-- w z �- U w � C3 J >O�/� vJ MELMN&W 91DDD4& C,p�,rRUGr� M,B+v�rS STQiE � zA 97-052 PLM ft «ww - .i®,y atur .cos Na. SEw "a, 5T�rlowiD nr-r 0 @ copvlg�* ISSI w {im7 W /A .� v LL oc JA C U. a � F Qa� _a wo cwq L � WxNo � WH . CU awry v O Q Mt0WO�LL Q' PL< 1®' PLC FF _ WEST L EYAT IO—K gib•., m• rA M.&CK f®' PL-ATE F�. If�=*V-'.Urf"-z 'Lum Ocopvlgh* 19S6 M C w, Mw mW W L .� 0 is Q C to C U. Qa� � c3o 'clo CID "o L v W N O 3FIm L; (� • Q o�Wx r'm2U. r 12' PLATT �' rLATE Ft EAST ELEy' j1Qk ve'.rla' *j. 1 �I 4x= TWJM *'-!' PLATE 11r 1ot� tltlP! II IIIIIIU It I► IIIIIU�-'--+ 1 ■■■ ■ ■ _ ,��r on IINIHIIN) UIIIIIIItiNUHI NIfMNillll NlNfl t fNN INtI INIIININ[IINfNII ■■a; aa■ , a son now ■■■ /■ ■ S �■ ■■. ■ ■■ was IHIIII►I INII I[NIINM 1 Illli IIIIINNNNI WE ,■■■■ an //a li■■/. ■/■ ■■■ o■■. •■ -as a --111I1lIIIININt11, ,flitlllll!1111t1M ■■■ Own! i/■■ ■■■ a loss: as ■a■, ■/■ a■IP ■■■ Real ■■■i IIIIIIIIUIIII !� `t11i411it111U111-'-`ltHl it Ilttllllflltil Ass ONE SEE an ;■■■ i■■ a son MON :&A _I �.� OG copyright f996 rn rn P w v 42 2 N L u w 0 C U. H aa5 nj 30 ti'f maM0 a ... L W a CU 3wq t . ?Q" en- '� Be U L �0WQ Sheet No. 3 i$2 VAC o xt 110. 'jssllssse'. '111111P :m ram.:: ..... i�`.;,:A� 'AM qlllll� Im .` - -at.--111110C. ANINIV'... .:111000' -1111�- .w•^lam,. A,_. .': .. . ... 411m, 2 w 0 U .--,z = w LL V' ]L z w J (N O z CL P� O Q Ir _ Q_ U PROPOSED 5' HIGH CHAIN LINK FENCE J H W 0 I— (n z LJ J N SCALE 1" - 100' 0 50 100 200 BENCHMARK: R.R. SPIKE IN POWER POLE AT NORTHEAST CORNER OF WEST HIGHLAND DRIVE AND SHADY OAKS DRIVE ELEV.= 654.78 L.U.D.- LOW DENSITY RESIDENTIAL I I I I 1 I I I I I 1 I ' 1 I Li I I I II 1 i 1 I _ r----- - - - - ---------------- - -ExST_ -WIRc c-----i------------------------------------------------------------- ------ --------------------------- _---___—_-- ----_-____--I rrnEEs �20' BUFF RYARD TYPE ' C' Titus TREES � TREES �S � 71tEEs TREES �20' BUFFERYARD TYPE 'C' I 10' UTILITY EASEMENT 25' BUILDING SETBACK/ Go TREES I I 1 I ��"/" .A 10' UTILITY EASEMENT III I ' rnITrrll7rf I� �n"ITrrl1T*rfnlTrn 1 I TREES,�IIIII►IIIIIIUIIIIIIIIIUIIIIIIII 1 N 124 FUTURE SPACES , 1 25' BLDG. LINE w II r.,,,,,,,,,w I I I TREES I riIIIIIII IIIIIIIIIIIIIIII1111 A N I 1 rnlTril�' MAr 71 rnITrrll T[TFFA TREES 3 Q 1 1 1 1 I :� I l l l l l l li l l� l (J 1 1 1 1 1 1 1 1 QED ( I 1 1 t 1Vbbb PARKING I I ♦ 218 SPACES 04 N I I I 111t111t11111r)IIIIIIIII n II III III � 11 LUJILLIJILLU LUJILUJIJ LUJILU-JTREES Z III I 1 TREES 1 I 1 CRASS I I I I PRACTICE FOOTBALL FELD I wU I aN 1 a•+ I aZ I ID ' w 1 w 1 F- ' zGRAM I I j I FO TBALL IELD L - - - - n i i.ttl I I I I I I I ICONCRETE 9 O III � III I • A A ��p �0 m O III 'Q9 CONCRI TE Q '� I I 1 I,1 ,Q o III TREES M I ( TREES N TREES I I, ---- — ♦ R30' cam, I 1 1 1 I PHASE (FINE ART ENTER I I' � I I I • • • C Z & 8 LANE TRACK - R B I TREES O I B I I I I,I � I •B I I I I p 9O I J TREES 5tt TREES h "1 TREES 11 1 10 •B 0. III 1 00 CONCRETE B P 150' 11 GRASS q '� LOT 1 . BLOCK 1 PATS -OFF Los f- 49.546 AC. VISITOR E PARKM I ► 1 1 '� 2.158.223 S0. FT. • e 30' I ' N DI ID 1 g Be 37 ACES TREES loll loll Ill loll B B �� w I 1 1 1 1 a 1 DUMPSTER B I I I SOFTBALL FIELD v, �,, B LOCATION B N I 1 I B TREES Q I I A SERVIC w I 1 < B ` 11 ,P I LOADING DOCKS J II z 1 8 I I O. • g �-. 8'-8" HIGH —tea": ' OI I I 1 I SCREEINING FENCE PHASE II I I I I S_TORAG I CLASSROOMS A FUTUR �CQNCES�ION •♦ CONCRETE I PHASE I -- a I I L—i I I � Ill 1 I B B TT I I I 1 I Gun . I 1 1 1 0 1 � TTt£Es w l , I A ©I O 1 J PHASE IIQ i A W B B B B I I I FIELD HOUSE , W II ( TREES/ORA55 OL 1 22 SPACES I h TREES w I 1 I 1 1 O I y 1^ I TREES I- 1 1 1 1 1 L , I 1 I p II LL A Q I I I B I I I -- - - - - - - -J I B Q 111 A I PHAS II GYM I PHASE II 9� III I In U LASSR00 Ie a ss- w I I CONCRETE( LL 1 BASEBALL FIELD ,�o~ I 1 1 1 L---.'-------- --- O �, Q` 7 A SPACES T> • • , I f m 1 D- 0 CONCRETE 9�0- Cd BETE I 1 1 1OFU SS 1 O TREES P ,�1T r � r['I' ''1ITrrn7r""n1Trf-i-I �'11Trr 17r'-n1Trnl 1' I I t � F I 1 I MY ♦ I I I I I I I I I l J I I I I I I I I I. 1 l J 11 1 1 1 I I I I l J I I I I I I I I x J I TREES 11 26 FUTURE SPACE9L0 CONCRETE 0 SPACES PHASE I I PARK I NG so FUTURE SPACES 1 11 1 1 1 1 1 1 1 1 1 I r R2 Jrl I I I I I I I I I I I I I I I i''--( I I I I I I I I I I I I I I I I I I I r LIJILL,JIILIJ. LIJJILLIJIILUILLIJ1. -UJILLIJIILIJIILLIJ J •.sai.a 1 1 PROPOSED 6' WOOD SCREENING TREES LO TREES 1339 L.F. OF EXISTING FENCE (310 L.F.) 6 HIGH WOOD FENCE 1 1I mm ------ -----_ __ =z�20 _BUFFER---TYPE-'B25' BUILDING SET BAC--- --- ---- 10'- UTILITY EASE----- --- III -- -------------------------------------------------------------- - -- ---- --------- ---------------- - -- - ----------------- -JI 1 --------------------------- -----------------------------------------1---------- --------- ----- II 5TOC 11 ,i, III I 1�1 I I I I I III I I III III I I�,I I I I t 11 I I I III I I III III I I I I I I I II I I I I I I I I 1 I' 11 1 I I III 111 I ' � I I I I I � ;I b L.U.D.- MEDIUM DENSITY RESIDENTIAL 31 ::_„ P 1 I PHASE 1 SUMMARY CHART - INTERIOR LANDSCAPE REQUIRED OR LANDSCAPE AREA OF AREA IN CANOPY ACCENT SHRUBS GROUND COVER PROVIDED (SO. FT.) FRONT OR SIDE TREES TREES (SQ. FT.) REQUIRED 41,000 75Y 62 124 683 4,100 PROVIDED 37,000 75/ OB OB 602A 3,700 NOTE: ANY CREDITS USED IN CALCULATIONS: A. 307 OF THE LARGEST FLOOR AREA OF EACH BUILDING MINUS 10/ FOR R.O.W. LANDSCAPING B. REFLECTS EXISTING TREE CREDITS. EXISTING TREE CREDITS SHALL COMPLY WITH ORD. 480, SECT. 42. PHASE II SUMMARY CHART - INTERIOR LANDSCAPE REQUIRED OR LANDSCAPE AREA X OF AREA IN CANOPY ACCENT SHRUBS GROUND COVER PROVIDED (SQ. FT.) FRONT OR SIDE TREES TREES (SQ. FT.) REQUIRED 22,950 75Z 34 68 382 2,295 PROVIDED 20,655 75Y OB OB 340A 2,066 NOTE: ANY CREDITS USED IN CALCULATIONS: A. 30X OF THE LARGEST FLOOR AREA OF EACH BUILDING MINUS 10X FOR R.O.W. LANDSCAPING B. REFLECTS EXISTING TREE CREDITS. EXISTING TREE CREDITS SHALL COMPLY WITH ORD. 480, SECT. 42. 1 — — — — — — — — — — — — 1 "I N 1 1 i I I I L__` I I 1 I' .I 1 II . TI as, N N v M w - - - - - - r •16 1 11 .I II 1 SUMMARY CHART - BUFFERYARDS (LOT 1, BLOCK 1 AND LOT 1, BLOCK 2) BUFFERYARD CANOPY ACCENT FENCE / SCREENING LOCATION LENGTH WIDTH - TYPE TREES TREES SHRUBS HEIGHT & MATERIAL NORTH - REQUIRED 1650' 10'-1C' 10 ° 66 198 NOW PROVIDED 1650' 20'-'C' 10 °b 52 °b 1550 x X EAST - REQUIRED 1341' 10'-'E' 10 27 1071 NONE PROVIDED 1341' 20'-'E' 10C 22ab 86° NONE SOUTH - REQUIRED 1609, 101-•B' 26 48 161 &SCREENING VICE 1609, 20'-'B' 260 38ab 1290 DEVICE l" PROVIDED WEST- REQUIRED 1328' NONE 0 0 0 NONE PROVIDED 1328' NONE 0 1 0 0 NONE NOTE ANY CREDITS USED IN CALCULATIONS Q.A NUMBER SHOWN AS "REQUIRED" REFLECTS 20X REDUCTION TAKEN DUE TO DOUBLING WIDTH OF BUFFERYARO. REF. ORD. NO. 480, SECT. 42.4-t b. REFLECTS EXISTING TREE CREDITS. EXISTING TREE CREDITS SHALL COMPLY WITH ORD. 544, SECT. 4.3 OTHER COMMENTS: 1. WHERE PARKING IS PROVIDED BETWEEN THE BUILDING SETBACK LINE AND PUBLIC R.O.W.� AT A MINIMUM MINIMUM 2' SHRUBS OBTAINING A MATURE HEIGHT OF THREE FEET (3'> OR GREATER MUST BE PLANTE SPACING OF THIRTY INCHES (30") ON CENTER CONTINUOUS ALONG ALL PAVED EDGES OF THE PARKING OR DRIVE AREAS. =•NOTE SCREENING DEVICE ALONG NORTH PROPERTY LINE WILL BE EITHER NATURAL TREES OR 6' WOOD SCREENING FENCE PER AGREEMENT WITH INDIVIDUAL TRACT OWNERS PUD DEVELOPMENT REGULATIONS: IN ACCORDANCE WITH SECTION 8 REGULATIONS FOR CS -COMMUNITY SERVICE PER COMPREHENSIVE ZONING ORDINANCE AS AMMENDED WITH THE FOLLOWING EXCEPTION - HEIGHT OF BUIDING NOT TO EXCEED THREE THREE STORIES NOR 65 FEET 5' TYP.' 18' 8' T 4" SOLID WHITE 22' STRIPE (TYP.) I 18' 2 2' TYPICAL PARKING STRIPING DETAIL TYPICAL PARALLEL PARKING DETAIL N.T.S. N.T.S. CL CONCRETE PARKING STOP (TYP.) 9' TYP.' / �4" SOLID WHITE STRIPE (TYP.) a r CAR CAR CAR VAN VAN 8' TYP.' TYPICAL HANDICAPPED PARKING STRIPING DETAIL N.T.S. 1I PROP. FIRE HYDRANT PROP. S.S.M.H. PROP. STORM DRAIN MANHOLE Q BUILDING ENTRANCE/EXIT H PROP. WATER VALVE PROPOSED FIRE LANE (MIN. WIDTH 25 > VICINI T Y MAP LIGHTING LEGEND - A f 1 TYPE A MCGRAW-EDISON METAL HALIDE Y (�OOW) PARKINS AREA FIXTURE MOUNTED ON 30 POLE B G1 TYPE B MCGRAW-fDISON METAL HALIDE (25OW) ARCHITECTURAL AREA LIGHT MOUNTED ON 15 POLE D $ TYPE D MUSCO METAL HALIDE (150OW) FOOTBALL FIELD LIGHTING MOUNTED ON 80' POLE ;ITE DATA SUMMARY (FUTURE FIELD HOUSE IS INCLUDED IN THESE FIGURES) LOT 1. BLOCK 1 PHASE I PHASE II TOTALPROPOSED EXISTING ZONING AD ZONING PUG LAW USE DESIGNATION MEDIUM DENSITY RESIDENTIAL' PROPERTY 50.632 AC. PROPERNET ACREAGE 19.546 AC. LOT ACREAGE R.O.W. D A ION 1.006 AC.• AREA OF SPACE 37.04 AC. (ULTIMATE) PERCENTAGE OF BEN SPACE t.4 fULTIMATE I STADIUM SEATING CAPACITY 09 0 600 SQUARE FOOTAGE OF SOFTBALL FIELD 46.116 SO. FT. 0 46.111 SQ.FT. E OF BASEBALL FIELD SQUARE FOOTAGrENNIS 120.511 120,511 SOFT. SO. FT. OF FOOTBALL PRACTICE FIELD 59.200 SO. FT. 0 59.200 SOFT. COURTS 1 2 i REQUIRED ARKING 600 SEATS 1. • 200 REQUIRED SPACES 2. Soo SEATS Is CAFETERIA- 150 REQUIRED SPACES 3. 70 1. 1000 SEATS ! CYMNASIIAiF 250 REQUIRED SPACES 2. 30 CLASSROOIIS- 30 REQUIRED SPACES CASE No. ZA 97-002 W P� m O 1C� I Z 'd r^ ^w�yO.,f E- TO c 1 cn m __ coO I Icqto P W N O �z� W p A V► m O O T pq O�r U CDm .-1 3 w Z cr U_ di > 0 w- �f w tr U > Z o O o z CD Z) m w = co to C Q J z (n OC O w w 0 0 w 1L cr O U U) O N O 0^ z I= W w O m m w w w 0 o W -a:mw � �� fn Z2: r a pDp � O Z w w Z X , O r = I- LJ � � m QJ �� U�0CD p z a " aoz wwo w a m oo CL 0 0 w N I` J O U) O U U) . 0 LU Y I ~ U) z �� � LU J J p ZO LU > CL U)U O 0 cr 1 UJ Uj LU Y n- Lij U) Q U Q UJ T_W J C)i- Q 0 Q U co r I T 409� o w f- U N F— I Q W U J N V► O i o LAJ W Lm U O 0 Q r CIO OZ SHEET c r- rn (7) LO 6i m 0 v L 0 M a 0 CV CT C11 O 2 r• m TR 881 DUNN, NINA LOUISE 950 N. WHITE CHAPEL BLVD. I SOUTHLAKE, TX 76092 11� V. 7347 P. 572 TR 8DAVIOSA 1 GLENN/S /11 p ^ �100� Q`t s,�r�e P o ZONED AG v12 x o 479 W. HIGHLAND ST. TR 8 A 16 ~ ^ I) 2 ao I Ty p" Sf 'n SOUTHLAKE, TX 76092-9354 I YETl1IAN, BENT M. £TUX HELGA B. I • o I ep h S� QNEQ E.i a V. 9261, P. 1888 P,O BOX 1116 �yo • Z S t I ZONED AG I GR�P£V/N£, TX 76099-11 f 6 I ao m� N p I ti 4 OMB I D D I S 87 2' 35� E 1650.00' 3 = h p V. 6780, P. 517 '' 1++ °p N 'K a O y pp W ti p k °� _ 00 Qu k N G� TR 8818 „�, To 2 I I ZONED SF / A 14 H I O,� j e W I DUNN, NINA LOUIS >c 0 0 O E.,p 2 I I r+1 I I 1 /2" 1. R. TE CHA EL !F!S� hEn N 1/2R. 1/2" I.R. 1/2" I.R. �1v1 p ry v1 1 2" I.R. FOUND FOU FOUND N I I I FOUND SOUTH �K_',. 5 1 2I.R. C�J . A SL. 555 I -t wJ V. 734s7s OUND 1.13' NORTH 0. OUTH co 8' TH ��'SE TREES — -.I ZONED AG DENSE _ FOUND "'� DDISETREES---------- -}0-WfHTY-EACSEMENfi--------------- 5 UTIL. mr — — ---- n--------- 7�_� ---- 17z l.R. DENSE TREES fJ�"r.7F 1B21 - g 52 " FOUND �PID 25' BUILDING LINE CAB. A, $L. ® 1.78' NORTH 0.21' NORTH DENSE TREES O_ F bo A � � N O0v� r L -IjW AFE_N W N U� o Z T- c� r 0 O b Qr' 0 Z SOUTIiLAKE ASSEMBLY OF GOD ZONED CS LOT 1, BLOCK 1 VOLUME 388-197, PAGE 39 0 10' U 77L ESM T CAB. A, SL. 386 7 ,� CE CRtTE2' 1. .SET97'T I J `�CQ6+ Scale: 1 100' 1 5 4 40.101 Z, 8 graphic scale in feet o Q ZONED SF 20A 9 Q �� I (i 21 o ° I I ZONED SF 20Arz a®I II © I I I N90'00'00"W T6•' I V� 0 15.616Fo.rR 10 010�160CARROLL I.S.D. Dom , 0 &4ONFN�D 201 N. CARROLL AVENU NDES �� d HLA KE, TX 76092- ° N 0 R = 182.50 \ \ L = 209.48' I V. 12395, P. 1087 �i L = 193.57' \ \ M 1 0 ASCOT DR. 0 I I DENSE TREES \ \ DUM TREES O ® C) I \ j I OFOUNDNUMENT ° © of TREE (TYP) ZI (2-SATELLITE 5•DISH 60 � 0 w 1II I 0,, ��,REFS N90'00'00"W 317.82' ____0 — — — — — — — — — O- - 0 G1 DENSE TREES R 7.5'J D w "+ oPrw nN90'00'00"E 176.85' —H GER 576'7223'=75ial (Do ZONE D SF 20A Z0 D ID o Dw Io o m I I o L o0 Do 0.00 Io 20.00o N '00'00"EN DENSE L= 71 9'00"W 390J1,0 _N. •52�" �I-- 154.�2' N------------ — — 0 1 STO �C— o F R S CE SNE (O —nLS�QQZ� M °�---——�1�o m SHED cW390.3wo I— —�SL.J86N90'00'60"E Iwo - SH 8' +154.2 N 14558 I 0o Uj mo 012—L Jm o Z/rAdn(�o 121.050 oN900000E 191.91CO) N900000E o L �33.22fl COwvW�i2 R= .19 0 V, E-Z m DENSE TREES I --- J 25.00' L HEDJ � 0 L= 80.02 w I I �' °I i Q Z N 90.72' G7 ° ° SS9 .0 U II ~ G� I I J 13 7 DENSE I i O` ` __ ° T11EE5 ° • y" O I Z E r \L/ 1 v l ° I M' HANGER o ° ° R = 81. 01 .50, SST Z w 11�' I�Q SE — GROSS ACREAGE 56.632 ac I j E° N6 ' R = i3 2 0 1 1 © 2,205,524 S f I I DENSE , Es DENSE TEES I Q R©O.W. DIED. °= 1.086 ACRES I I R = 1 164.04 I NET °ACERAGE AFTER R.O.W. DE®. = 49.546 ACRES oI I o ° / �/R = 14 ° °o z I Q = J I 14 ° $ I L = 147.43' o I — I --15 UTL ESM To m CAB. A, SL. 386ZI N905000'00"W N90�W b DENSE TIFFS 500DENSE TREES r1 I "SE ,BEES I I \ \\ o 15.00' ° I (II o�rq- 2. �2 w 0 N 9'23' ° (DO IF- 52.50' 0 °oI '01'43" `V 9 tI � o I 1' Oo DENSE TREES \O•I I0I I I ° I -00 4 II lTREE Tw ao Z 1 b ©vf I L ——N90'00'00"W — — — — — — 345.01' — — � t_ 90'00'00"E 220033.11 N900000—WQ— �— —(—)36-2.2-8'-- —II `W �—————— — — — — —— — — — —— — — ———�— N90'00'00"W 371.98' N90'0000 583.43'©-4 \ bII Q 23 a, © ° DENSE TRH° 11 DENSE TREES "'I 10 0 ,E T) 51- � 3Og6T1jV I D ° O PAIN PROPOSED 15WIDE UTILITY EASEMENT (TYP) j�P.O.B. I © DENSE TREES -CI © © I V !�. FND. I I N 88'36' 10" W ° ° ° 15' UTIL. E I 31 0•97' DENSE TREES © 45 147.7p LANDES —DORce —DENSE TREES SE 1. E PK l4IL 24 Z`A�A, —SL—.2 --- —------------ DENSE,REES------��-dTI-A':>A�—DE,�E,REE,------------- 9'36'S7— 129--7� ----- 1 2 / sEryN1 DENSE TREES DENSE TREES /. lam. — — "CO C DENSE,REEs 1 f1 ND F UND FOUND DENSE TREES 1/2" 1. R.FOUND FL "� CAB.A,N 88° 36 10 �IIZ7�DI I 683 FOUND �I �qq�!� FSMr 20' SEWER ESMT °o ►�� '� c>, 5/s" 1. ° CAB. A, SL. 1888 310.97' �" I I `O I 1 I 9 col II 8 �, III 7 I I I J , _ , I FOUND I �, W 11 0 I I W I I N 87 36 5 W 339.0 � � I I �, I I �, I I I ; I I I I 6 �= - I I I I W ; ZONED SF 20A SANDLIN ESTATES • I I, - � �Q 5 I I �Q �Q� I I rAK HILL ESTATES m I I 1 �QI 3 -� 3� I. LOT 1, BLOCK 1 !'� I I I• m co I I ov �m1 to >' JQ 32 14 REC. I N CAB. A, SL 1888 oo I I v _ — _ BLO K 1 _ _ 4 3 2 1 0 I I o yp�� ZONED AG Q, — � Q v � 1 -AiQ m REC. IN CAB. A, SL 683 1 s 1 10' UTIL ESMT so' R. o. w. ESERVA noN 1 1 � W. CHAPEL DOWNS DRIVE Q v ZONED SF 20A ` _ _ — 'FOUN�j �L — 4A0. A, SL. 386 CAB. A, SL. 1888 I O —��W. MON. FND. FLOOD STATEMENT: According to Community Panel Nos. 48439C0025, dated January 6, 1993 LANDES of the National Flood Insurance Program Map, Flood Insurance Rate Map of Tarrant County LO CHAPEL iI DOWNS DR Federal Emergency Management Agency, Federal Insurance Administration, this property is within — 55' B-B PAVEMENT Flood Zone X, which is not a special flood hazard area. If this site is not within an identified SURVEYOR'S CERTIFICATION ly �- special flood hazard area, this flood statement does not imply that the property and/or the structures I. EDDIE L. CHEATHAM, of CHEATHAM AND ASSOCIATES, a Registered Professional Land Surveyor SFOUND �,cp ^ I "^ON. FND. � O Op LANDE6 thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will of the State of Texas, do hereby declare that the internal easements, rights -of -way and :)N co �' occur and flood heights may be increased by man-made or natural causes. This flood statement shall other calculations, other than the property boundary, were properly prepared under my I f o not create liability on the part of the surveyor. personal supervision in accordance with platting rules and regulations of the State ®Z Zft ZONED SF 30 BEARINGS BASED ON WEST PROPERTY LINE OF RECORDED DEED, VOLUME 12396, PAGE 1087 (DRTCT) of Texas and the City of Southlake.— BEING N 00.01' 12" E UNLESS INDICATED OTHERWISE ALL CORNERS ARE 1 /2" IRON ROD SET I g SURVEYOR'S CERTIFICATION: m m I, JOHN D. ZIMMERMAN, a Registered Professional Land Surveyor of the (� Q Q State of Texas, do hereby declare that I prepared this plat from an actual and Lj accurate survey on the land and that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the platting rules and regulations of Registered Professional Land Surveyor No. 2346 the State of Texas and the City of Southlake. Address: 1601 E. Lamar Blvd. Suite 200 Arlington, Texas 76011 © DENSE TREES n ° TREE (TYP) N 0 TREE (TYP) C* ° ° DU/g TREES ° DENSE TREES U PROPOSED 1 5' WIDE UTIL TY E SEMENT (TYP) DENSE TREES ° D DENSE TREES ° DENSE TREES L 0 , BL 0 1 DENSE TREES ° ° 11�'01 O 4 9 5 A OR 2 158 2 7 St F N9:0*00'OO"E— — — —289 — Registered Professional Land Surveyor No. 2490 Address: 908 hest Main Street Arlington, Texas 76013 STATE OF TEXAS COUNTY OF TARRANT WHEREAS, CARROLL INDEPENDENT SCHOOL DISTRICT, ACTING BY AND THROUGH THE UNDERSIGNED, ITS DULY AUTHORIZED AGENT, IS THE SOLE OWNER OF A TRACT OF LAND SITUATED IN THE T.M. HOOD SURVEY, ABSTRACT NO. 706, COUNTY OF TARRANT, ACCORDING TO THE DEED RECORDED IN VOLUME 12395, PAGE 1087, DRTCT, SAID TRACT BEING ALL THAT PROPERTY IN VOLUME 2986, PAGE 540 DRTCT, AND BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT A 1 /2" FOUND IRON ROD AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION, RECORDED IN CABINET A, SLIDE 2555, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE N 00'01' 12" E, WITH THE EAST LINE OF LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION, A DISTANCE 1327.98 FEET TO A FOUND 1 /2" IRON ROD; THENCE S 89'52'35" E, GENERALLY ALONG AN OLD BARB WIRE FENCE, PASSING A 2 1 /2" OUTSIDE DIAMETER PIPE AT 1646.99, FEET IN ALL 1650.00 FEET TO A SET 1 /2" IRON ROD FOR A CORNER, SAID POINT BEING IN WHITE CHAPEL BLVD AND BEING IN THE CALLED EAST LINE OF THE T. HOOD SURVEY; THENCE S 00001'24" W, WITH THE CALLED EAST LINE OF THE T. HOOD SURVEY AND WHITE CHAPEL BLVD, A DISTANCE OF 1340.98 FEET TO A SET PK NAIL FOR A CORNER; THENCE N 89'36'57" W, WITH THE NORTH LINE OF BLOCK 1, OAK HILLS ESTATES, PASSING 1 /2" IRON RODS AT 16.94 FEET AND 32.28 FEET, IN ALL 1339.07 FEET TO A 1 /2" FOUND IRON ROD FOR AN ANGLE POINT AT THE COMMON CORNER OF OAK HILLS ESTATES, AND LOT 1, BLOCK 1, SANDLIN ESTATES; THENCE N 88'36' 10" W, WITH THE NORTH LINE OF LOT 1, BLOCK 1, SANDLIN ESTATES, A DISTANCE OF 310.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 50.632 ACRES OF LAND, MORE OR LESS. OWNER CARROLL ISD 1201 N. CARROLL AVE. SOUTHLAKE, TEXAS 76092 (817) 481-5775 CONTACT: BILL BRANUM ENGINEER CHEATHAM & ASSOCIATES 1601 E. LAMAR BLVD. SUITE 200 ARLINGTON, TEXAS 76011 (817) 548-0696 CONTACT: DAVID MAYES SURVEYOR JOHN D. ZIMMERMAN 908 WEST MAIN STREET ARLINGTON, TEXAS 76013 (817) 461-0188 VICINITY MAP PRELIMINARY PLAT LOT 1, BLOCK 1 CARROLL ISD NO. 2 ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 50.632 ACRES OF LAND OUT OF THE T.M. HOOD SURVEY, ABSTRACT NO. 706 ONE LOT REC'D MAR 2 4 1997 C JANUARY, 1997 THIS PLAT FILED IN CABINET ,SLIDE # DATE - CASE No. ZA 7-003 v v v v o u u o c c c 0 0 E E E E E 0 0 0 0 0 c c c c c u u u u u 0 0 0 0 0 c c c c c EAST ELEVATION v) o t� CT) w mot+ z Q Q x � ® cnof z V di Q C�� O w Q LM o N f+ C V7 LLJ m al m w .d z z o > 0) coo W m X Z cy- Q zW co r �® rr VJ Q z J � O U Lli Cn Q L1J U p Q rr 3 W w � z O > O W w H 3 jr � Z u o z D w (,o 'D cr- _ W z vi w O O N D fr_ O to O � O w T N L` o w cr o z w F- o z � a u = z w w z IL >' H M W u I- O O = Op OZ 0 cc f J W O 0 w Q o rr LLJ = co a- p ~ O w W W O Ir 2 Lli Q Cl O Z w a- Lij z_M' {i W D U w 2 U rr Q U, NORTH ELEVATION O N � W U J I a' co W N 0 � O W C, LU W U U Z Y CC) 3 O Q C, V ELEVATIONS -OPTION B SCALE: I-M-0" DATE. 12-31-96 20 10 0 20 40 60 `v n > > c mM > > In N N p 0 atM a>O � 00 0 00- 10 co -0O W H Q r CD r 1 SHEET f LEGAL DESCRIPTION U a 0 N Y m F- Yam co U) W _W a �ZO op) U_ 0W0 a'Y w_ Co 0 OD Z' M 200 W cn > X In a:oo \ s4S� / , r 27 4 8s3 kz �43� Ck � 54.85 , SAMUEL FREEMAN SURVEY - ABS . G.W. MAIN SURVE�-�B$T. N0. 1098 I I / I sW Z (40 I W w U I a LOT I Soil y�QKE 84, i I \� I N 'o 52 eCUEe°NNE r RO 40 2°NEO P4 RrNERs, C ,3 � rp 8° � C E r,30 , V '4 RO ?0. ESMT \\ 24 S OF REXl M4 � \ \ 38 E CODER �S �^ CO m I COMMON 50 i LOT 2 Gal ��\ 4CC @.� �\7',\8S, cc, ,SS SS ESMT �l /10, \ >>iN ,\ ° � Cr � �� (710 EP M r � � 0_ 1 I N N I �\1'4C4 E018s 3 I z (r II o I a wl — I m I L 1 V) l 1 1 = Laio awl �I i 3 l .... \ O 15' UTIL. ESMT. II M W :.:::;.... m COMMON ACCESS ESMT. i �I M Ca O - — -------------------J I 7. ' UTIL. ESMT. (TO~BE VACATED) Z 5' TIL. ESMT. I CAB. A , PG. 385 LOT 3 LOT 4 I I i � — — r-i� I (TO DE VACATED) � _ v 3.02' --- 14-4- - - 11 195, 504. 00 S. F.� Q ----- ---------WEST--- —----308.77----------------� I I or N / 5 UTIL. ESMT. z 5 UTIL. ESMT. O 5 UTIL. ESMT. _ I 4.4882 AC.OD 00 w ai �O LOT I rn II WOODED AREA �/ / II 1 G.W. MAIN N0, 1098 ADDITION 1 I _ / I I O �I i li 0 � II / `� II ZONED C - 2�� II O j `� 7.5 UTIL. ESMT. 9.1 1 I FRANK AND NANCY CANGELOS I CAB. 'A', PG. 385 1 FILE N0. D196093686 I I 5' UTIL. ESMT. 7.5' UTIL. ESMT. ��/ (TO BE VACATED) I I 0 11 CAB.'A� , PG. 385 11 Z I I (TO BE VACATED) I I ------------191-------------- 175 N 890 57'20"W 365.60' I I 7.5' UTIL. ESMT. _ 0 20 40 80 SCALE: C= 40' H. E. CARR , JR. VOL.8091 , PG. 1490 ZONED AG Quantitative Land Use Schedule Existing Prop. Existing Prop. #of #of Units Gross Acreage Density DU/Ac Net Acrea e Land Use Land Use Zonin Zonin-a Lots Vacant Mixed Use C-3 C-3 4 p 4.5 0 4.5 eEG OF \ NING R.G. LYFORD VOL. 2202 , PG. 473 ZONED C-2 VICINITY MAP 2000 BEING a tract of land situated in the S. Freeman Survey, Abstract No. 525, the T. Easter Survey, Abstract No. 474, and the G. W. Main Survey, Abstract No. 1098, City of Southlake, Tarrant County, Texas and including part of two tracts of land conveyed to Southlake Kimball Venture, Ltd. by deeds recorded in Volume 11651, Page 991, and Volume 11771, Page 2294, Deed Records, Tarrant County, Texas and also including part of the right-of-way for Old Kimball Road to be quit claimed to Southlake Kimball Venture, Ltd., said tract also including part of Lot 1, Block 1 of Carrick Press Addition, an addition to the City of Southlake as recorded in Cabinet "A", Page 385, Plat Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the south line of East Southlake Boulevard (a 130 foot right-of-way) in the east line of said Lot 1, Block 1 at the southeast corner of a tract of land conveyed to the State of Texas by deed recorded in Volume 10002, Page 2026, Deed Records, Tarrant County, Texas; THENCE South 00 deg. 04 min. 58 sec. East along the east line of said Lot 1, Block 1 and the west line of a tract of land conveyed to R. G. Lyford by deed recorded in Volume 2202, Page 473, Deed Records, Tarrant County, Texas a distance of 243.93 feet tc a 1/2 inch iron rod found for corner at the southeast corner of said Lot 1, Block 1; THENCE North 89 deg. 57 min. 20 sec. West along the south line of said Lot 1, Block 1 and the north line of a tract of land conveyed to H. E. Carr, Jr. by deed recorded in Volume 8091, Page 1490, Deed Records, Tarrant County, Texas a distance of 365.60 feet to a 1/2 inch iron rod found for corner at the southwest corner of said Lot 1, Block, said iron rod also being in the east line of a tract of land conveyed to Southlake Kimball Venture, Ltd. by deed recorded in Volume 11674, Page 190, Deed Records, Tarrant County, Texas; THENCE North 00 deg. 11 min. 08 sec. West along the east line of said Southlake Kimball Venture, Ltd. tract a distance of 139.89 feet to a 1/2 inch iron rod found for corner at the southeast corner of said tract of land described in Volume 11651, Page 991 Deed Records, Tarrant County, Texas; THENCE due West along the south line of said tract a distance of 308.77 feet to a 1/2 inch iron rod set for corner in the east line of South Kimball Avenue (a variable width right-of-way) as dedicated in Volume 11589, Page 162, Deed Records, Tarrant County, Texas; THENCE North 05 deg. 30 min. 33 sec. East along the east line of said South Kimball Avenue a distance of 114.39 feet to a 1/2 inch iron rod set at an angle point; THENCE due North along the east line of said South Kimball Avenue a distance of 122.45 feet to a 1/2 inch iron rod set for corner in the northwest line of the Old Kimball Road right-of-way; THENCE North 54 deg. 14 min. 37 sec. East along -the northwest line of said Old Kimball Road right-of-way a distance of 109.30 feet to a 1/2 inch iron rod set for corner in the south line of said East Southlake Boulevard, said iron rod also being in a curve to the right that has a central angle of 01 deg. 42 min. 13 sec., a radius of 1,844.86 feet, and a chord that bears South 73 deg. 01 min. 31 sec. East; THENCE along the south line of said East Southlake Boulevard and said curve to the right an arc length of 54.85 feet to a concrete monument found for corner; THENCE South 71 deg. 01 min. 42 sec. East along the south line of said East Southlake Boulevard a distance of 166.31 feet to a concrete monument found at an angle point; THENCE South 70 deg. 54 min. 42 sec. East along the south line of said East Southlake Boulevard a distance of 386.30 feet to the POINT OF BEGINNING and containing 195,504 square feet or 4.4882 acres of land. RECD MAY 2 81996 PRELIMINARY PLAT PERRY/ALLEN ADDITION LOTS 1-4 AN ADDITION TO THE CITY OF SOUT HLAKE, TEXAS OUT OFTHE G.W. MAIN SURVEY, ABSTRACT NO. 1098, THOMAS EASTER SURVEY, ABSTRACT NO. 474, AND THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525 , TARRANT COUNTY , TEXAS. 4.4882 ACRES. PLAT FILED IN CABINET COUNTY , TEXAS. DATE FILED OWNER: ROYAL PROPERTIES 11300 NORTH CENTRAL EXPY. SUITE 407 DALLAS,TEXAS 75243 (214) 696- 5270 (214) 696-4360 (FAX) JOB NO. 94-445 ,SLIDE , PLAT RECORDS, TARRANT ENGINEER NEEDHAM • WRIGHT ENGINEERS 10290MONROE DRIVE SUITE 101 DALLAS ,TEXAS 75229 ( 214) 357- 2981 ( 214) 3 57 - 2985 ( FAX) CONTACT: ROBERT L. WRIGHT CASE NO. ZA 96-52 DATE 4-25-96 SHEET I LOT 24 BLOCK I LOT 25R-2 BLOCK I LOT 25R - I BLOCK I WOODLAND HEIGHTS WOODLAND HEIGHTS WOODLAND HEIGHTS - 38- - - - - - - - - - 15' UTILITY EASEMENT VOL 8 -- 155 PG. 13 ._ CAB A, SLIDE 168I - - J' - _ _ `- -- - - - CAB A, SLIDE 1681 ZONING IS .T P.R.T.C.T. P.R.T.C.T. ZONING IS 0-1 ZONED C- I L.U.D. 15 LOW DENSITY BUFFERYARD "FI" 10'-0" F L.U.D. IS MIXED ---- - -"' " RESIDENTIAL L.U.D. IS MIXED N OI 1700 W 5�3.44 ..�..._ - -- • --�-- -*--- ! 5 89° 54'58 E 315.50 ' TO HWY, MONUMENT err r � .-- _-- -- - " , �/• _ _ - - --- -- -_ - _- _ _ _ BUFFERYARD A 5 0017 - __BUti-DiNG LINE _ - I P .O 3 . --�- f -EXIST. 8' i I I I WOOD FENCE 7677 I b a I I EXISTING OFFICE b { EXISTING OFFICE EXISTING OFFICE 441C S.F. .o • - � 2245 4410 S.F. 44lO S F. I 3 I I W 3� Z _ !_�-__ _-___--� _ _ z l W 44 j 413 :. NOTE: EXIST LOT NOTE: 352 ( _- ' I v i EXIST. OFFICE COMPLEX HAS 12,000 50. FT. _ ) AREA THAT 15 SHADED IS EXIST. LOT2 NO CHANGES TO EXIST. LOT 2 225 OF USABLE SQ. FT. AND 13,230 SQ. FT. TOTAL lea co 301 145 FOUNDATION 50. FT., WITH 52 PARKING SPACES. _ _ 151 AND THERE IS NO IMPROVEMENTS 1.41 ACRRS I I- I I PROPOSED IN THIS AREA. ZONING 0-1 - - - - - __ -- - - -H JOHN A. FREEMAN NO. 259 ...� -- = I O Z CAB. ADDITIO 2473 I 183.04 E I 1 J EXIST. DUt iPSTER 178-1 t P.R.T.C.T. 76.52 -- - - --�k- PAD W/ EXIST. 8' J 4 i - - _ - _ - - - - __ ___ 15 BLDG. LINE d UTILITY EASEMENT- L- - ___ -- _ ____ __ _ - - - - - - - _ - - ___ - - - .- - EXTEND (EXIST. LL ACCESS- / WOOD FENCE T I 25 FIRE LANE (EXI'STING) - �- � - - - ACCESS ESMT. FULL ACCESS 25 FIRE LANE (EXISTING) FULL ACCESSI I DRIVE f 30 X 210 DRIVE QR1111= � 15 W 222.55' BUFFERYARD A"5-0" .. '�_ OWN CJ , 2e>4 25.00' 551 1834 605 261 �C?�' 25.00'221 { 30.00 BUFFERYARD "B" ]Of-O" 1 ?8 5' BLDG. 1917, - - - - - - g ----- - 1 41b I I II 11 I 13 SPACES @ 9.00' = 117.00' I g 130. NEW 8' k $ I I LOT 5 WOOD O Q' I 1.11 ACRES NOT T FENCE V EXISTING ZONING AG NEW OFFICE cn .� I PROPOSED ZONING C2 5226 S F. " W C) IL _ } T. W to (� 97 C i I o Z b i g 438 - ' v -1 O .. $ n I �.b II It I p O 0 W T cT 8 1 n� a I a rr in t I CL/ NEW OFFICES NEW OFFICES Op 5084 S F 3984 S.F. - @ 0 . S I •<grL io Q w PROPOSED I ~ c / r � R �j I Q- < COTTON PATCH CAFE w 19 p� Zui 1 IL 3,950 5.F I V< TYP. < � J I ry � I a Wl Q I rctl • C� w off---- W - I - - 0- • �pWN4t �X .ccl-j=C� N - O> N(Lv� Q N I 328 I ~ I I. p i j F J j 9 i 290 - csv f©Ym�< I I 4 I I 1 r - NEW RIGHT IN/ I _ - NEW OFFICES `po 616 I f RIGHT OUT LIMITS O z 5226 SQ. 1=T. G 648 I ��<,� • 268 � � `�4 � 156 ��L_, ACCESS DRIVEWA 1 I 44- I'x` ' 144 W I I 39 50 Z < ` / II • $ ..• ILOT III III I' 1� I .4 SPACES@9.00' 5' 9.00i.60 ACRES TO BE ADDED TO LOT 2 ACCESS Q EASEMENT EXISTING ZONING AG Px W/ 8' BRICK 36.00' II ( S25' FI E ANI8 ( PROPOSED ZONING oI fN 25.O225 FIRE LANE I Lu O >21 SPACES@9.00' 189.00' 15 SPACES @ 9.00' 135.00' ~x 900 WW 546 > < I ' II 4 II 77� I7 r I I s', .'. _ i -___--. _- - - - - - - - - _ _ _ ► BUI DING LINE _ _ 15, BUILDING LINE - - - - - `� d') I - - - - - BUFFERYARD "B" Id-O" - . BUFFERYARD "B" 10'-U" I. L S 00°04S6" E 329.96' _� S 00004�6" E 222 O I IO' UTILITY-- . �� ��� . . ��. . . �.� �� . �� ��� LOT 2 REQUIRED BUFFERYARDS BUFFERYARD CANOPY ACCENT ---- RICHARD C. ZEMROD ESMT. WIDTH -TYPE TRS TREES SHRUB VOL. 3926, PG. 504 SITE 3 REQUIRED BUFFERYARDS BUFFERYARD CANOPY ACCENT I SCALE I"=20'... _.�.._ ... NORTH - 214.77' REQUIRED 5' - A 2 4 17 D.R.T.C. WIDTH - TYPE TREES TREES SHRUBS LOT 3 NOTES: 10' UTILITY 20 10 O 20 40 I SITE SUMMARY NORTH - 220.00' REQUIRED 20, - O 9 7 31 ' 1. EXISTING ZONING IS AG. PROPOSED ZONING IS C-2. ESMT. PROVIDED 5' - A 2 4 17 ZONING IS AG L.U.D. IS MIXED PROP.QS�? BUILDINGS BUILDING AREA PARKING RATIO PROVIDED 20' - O 9 7 61 r NORTH - I11.30' REQUIRED 20' - M 3 2 13+ ;� REQUIRED' PROVIDED 2. LAND USE DESIGNATION IS RESTAURANT. I PROVIDED 20' - M 3 2 � GENERAL OFFICES NEW 23,020 SQ. FT. TOTAL 8 FOR FIRST 1000 SQ. FT 81 75 P EAST - 222 C D 6 H FTCONCEPT SITE PLAN FOR C-2 COTTON PATCH CAFE PROVIDED 10' A 3 5 21 EAST - 329.96 REc�UiRED 5' - A 3 7 26 I FOR EVERY 300 SQ. . ....50' REQUIRED 10' - B 4 7 22 LIMITED ACCESS DRIVE WILL BE PAVERS. I .IO ACRES AN - , 20% REDUCTION IN PLANTS FOR 10' BUFFERYARD GENERAL OFFICES EXIST. 12,000 SQ FT. TOTAL 8 FOR FIRST 1000 50. FT. 45 52 PROVIDED 10 - B 4 7 22 D O- I ZONING GENERAL OFFICE SITE EAST - 222.55' REQUIRED 5' - A 2 5 18 i FOR EVERY 300 50. FT. 5.02 ACRES ALL IN THE JOHN A. FREEMAN SURVEY PROVIDED 5 - A 2 5 18 4. CONSTRUCTION OF COTTON PATCH CAFE 15 PLANED TO EXIST. DRIVE SOUTH - 214.77 REQUIRED 10 - B 4 6 22 SOUTH - 318.12' REQUIRED 5' - A 3 6 25 35,020 SQ. FT. TOTAL 126 133 PROVIDED 5' - B 4 6 22 START IN LATE 19%, AND FINISED MID 1997. ABSTRACT NO. 529, SOUTHL.AKE, TARRENT COUNTY, PROVIDED 10' - A 3 5 20 TEXAS 20% REDUCTION IN PLANTS FOR 10' BUFFERYARD LOT 2 AREA NEW 1.60 ACRES 69,643 SQ. FT. WEST - 222.55' REQUIRED PROVIDED 10' - B 5 7 22 5. TRASH RECEPTACLES ARE TO BE SCREENED ON ALL FOUR 10 - B 5 7 �2 MAY 24, 1996 WEST - 14' REQUIRED ic4-- or -, SIDES, WITH 8' MASONARY SCREENING `;(NEAR TO THE BUILDING FI I I I LOT 2 AREA EXIST 1.41 ACRES 61,420 SO. FT. + WHERE PARKING IS PROVIDED BETWEEN THE BUILDING SETBACK LINE AND PUBLIC R.O.W., SHRUBS ON THREE SIDES AND A GATE ON THE FOURTH SIDE. PROVIDED �p� __��. p, t i I f OBTAINING A MATURE HEIGHT OF 3' OR MORE MUST BE PLANTED AT A MINIMUM SPACING OF 30" ON CENTER CONTINUOUS ALONG ALL PAVED EDGES OF PARKING OR DRIVE AREAS. 6. EXISTING TREE COVER 15 SPARCE. �ARROLL AVE. CARROLL AVE. REQUIRED LOT 2 AREA TOTAL 3.01 ACRES = 131,063 SQ. FT. PARKING LOT LANDSCAPE (13 50. FT. X 70 SPACES) g WEST - 539.44 S' - A 5 II 43 PROVIDED 5' - A 5 II 43 NUMBER OF STORIES ALL BUILDINGS ARE ONE STORY AREA REQUIRED 910 50. FT. PARKING LOT LANDSCAPE • WHERE PARKING 15 PROVIDED BETWEEN THE BUILDING SETBACK LINE AND FAJBLIC R.O.W., SHRUBS (INCLUDED IN INTERIOR LANDSCAPE) 0" OBTAINING A MATURE HEIGHT OF Y OR MORE MUST BE PLANTED AT A MINIMUM SPACING OF SITE GCVERAGE 26.7% AREA PROVIDED 2378 S.F. t� 3ON CENTER CONTINUOUS ALONG ALL PAVED EDGES OF PARKING OR DRIVE AREAS. GROUND �` INTERIOR LANDSCAPE LOT 2 MOTES: INTERIOR LANDSCAPE COVER � � p � �� PARKING LOT LANDSCAPE (13 SQ. FT. X 135 SPACES) 1. EXISTING ZONING OF NEW LAND IS AG. PROPOSED ZONING IS 0-I. AREA REQUIRED 1975 SG. FT. - 10% 3 6 30 178 LOT 2 APPLICANT OWNER LOT 3 AND PARTIAL LOT �' D AREA REQUIRED I755 SQ. FT. (INCLUDED IN INTERIOR LANDSCAPE) 1778 50, FT. RITZ PROPERTIES MARY FRANCES FRANK VANDERGR FF MAY 2.81996 AREA PROVIDED 5168 50. FT. 2. LAND USE DESIGNATION IS GENERAL OFFICES. AREA PROVIDED 4563 S.F. 3 6 178 P.O. BOX 93149 2895 SELMA 'c< _ SOUTHLAKE, TEXAS 76092 FARMERS BRANCH, TEXAS 75234 6�STWOOD DR o w 10% LANDSCAPE CREDIT FOR IRRIGATION AND MAINTENANCE OF TURF GRASS ROW OF FM1709 (817) A21 - 4488 (214) 243 - 8397 INTERIOR LANDSCAPE COVER 3. ALL PAVEMENT Wttl BE CONCRETE PAVING. SITE SUMMARY ATTN: FRANK RITZ EASTWOOD DR._� I1,510 SQ. FT. - 10% FOR iRRiG.= AREA REQUIRED 10,309 SQ. FT. NEW 2G 57 283 1695 4 CONSTRUCTION 15 PLANED TO BE STARTED IN PROPOSED BUILDIN 75 BUILDING AREA PARKING RATIO # REQUIRED PROVIDED 5 LOT 3 APPLICANT PREPARED BY: 6,615 EXIST. TOTAL OF 16,947 LATE l996, AND FINISHED MID ►997. RESTAURANT 3950 S.F. 150 SEATS I PER EVERY 3 SEATS 50 68 M 8 P INVESTIMENT5 COTTON PATCH CAFE, INC. AREA PROVIDED 18,953 50, FT. 21;' 57 283 1695 5. TfUSH RECEPTACLES ARE EXISTING SCREENED. LOT 3 AREA 1.11 ACRES - 48368 50. FT. 2 HDCP 1650 CROWN DRIVE SUITE #1115 1850 CROWN DRIVE SUITE #1I13 10% LANDSCAPE CREDIT FOR IRRIGATION AND MAINTENANCE OF TURF GRASS WITHIN NUMBER OF STORIES ALL BUILDINGS ARE ONE STORY FARMERS BRANCH, TEXAS 75234 FARMERS BRANCH, TEXAS 75234 ROW OF FM 1709 6. EXISTING TREE COVER IS SPARCE. (214) 831-8747 (214) 831-8747 SITE COVERAGE 8 17% ATTN: LARRY MARSHALL ATTN- RICK CIVITARESE MCaNN� CASE NO. Z.A 96-53 BLOCK 2 LOT 2- . 1 VILLAGE CENTER JAMES P. FARRAR VOL. 9764 PG. 510 D.R.T.C.' I O ZONING C-3 F I . I MIXED USE v O JI �I t > 0 3 o Z v O Ul • J I I I . I I 00 O SCALE I I I< Q � I J 3I Co I o Y � I j I- �=JL400' C) 1,- IU►-- � 3� ._v��J�-v On clY [] L O L] V J � fil O