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1997-05-06 CC Packet a NEWS CL[PPCSG Source: S +r)ALk - 10.n ` Date: L a Saturday, Ma3, 199? y ••• • •• Noon - ?.O p.m. .. : Bicentennial Park .•.'� /:•. 450 W. Southltke Blvd. E 5outlCS :*''� The City of Southlake and :e 4�6 t2 •�,: Star-Telegram/Northeast , • ii:: ' • . *• • invite everyone to ! •• •* Celebration Southlake, a ••, fair and kite festival in honor of the city's 40th anniversary. 1 Celebration Southlake will offer old-fashioned fun for the entire family: *3rd Annual Kite Festival(1:00-4:OOp.m.) ' ?Live Entertainment Onstage *Food&Beverage Vendors Y Art& Crafts/Exhibits i *Game Booths& Prizes *Giant Bounce House *Dunking Booth $Clowns&Magicians LOTS MORE!! i ADMISSION IS FREE ! For information call(817)481-5581 ext. 819 i Platinum Dragon Sponsors: Kroger j j Magic Mike's Texaco Radio Shack Rialto Development ! Southlake Chamber of Commerce Southlake Family Medicine ` Texas National Bank Star-'11egramINortheast YEWS CLIPPE G Source: TSCUltilIkL Date: Mayor Stacy asks citizens to helpAmy Progress Report has leukemia and other serious health problems," said Stacy. Wearing a photo button "If you think you have of Amy Stafanko and holding problems read about little Amy, up the newspaper with her story she had suffered so many in it Mayor Stacy made a plea terrible complications." for the good people of The Mayor asked that Southlake during his Mayor's everyone who possibly can •eport at the last City Council come out to Bicentennial Park meeting. "This little girl and her off White Chapel on May 3 for Family moved to our city about the Walk for Amy, and help the 1 Awo years ago and since that family of Amy Stafanko with time they have discovered Amy thier burdens. • � I ,. Speedway traffic y manageable, but not aazZ true indication of what could be Progress Report were ever put up and those were on SH 114. The Southlake "We deployed our Department of Public Safety people as we had originally . • was ready for a huge traffic planned and Thursday was a y problem on April 3rd, 5th and great rehearsal day to test the c 6th when the Texas Motor plan and make any necessary Speedway held its inaugural corrections to it, but the plan ' ` race. the Interstate Batteries has not yet been fully tested," 500. But. something unusual said Gregg. happened, or didn't happen, as Battalion Commander it were. The horrible traffic that Ricky Black of the Fire was expected never Services division of the DPS materialized. concurred, "Weather affected Gary Gregg, Deputy traffic patterns all weekend and Director of Police Services, we did not see as much who oversaw the police congestion as we expected." % department's end of the city's The fire department had _ traffic management plan said emergency vehicles staged at that the lack of traffic was due Bicentennial Park,as well as the to several factors.One being the fire station in order to be able to rain experienced on Thursday respond to emergencies more • and Friday."Due to the fact that efficiently in case of traffic track parking was almost gridlock. "We had no problem d 74. nonexistent and cars were being getting around on any of the routed to satellite lots, we did race days and there were no not see the volume of traffic we race traffic related expected." said Director Gregg. emergencies." said Commander `\ "We did see what we expected. Black. `� under the circumstances," he After a meeting to �� added. discuss the race and the plan the —'____— As many may have DPS has decided to scale back seen, the DPS deployed officers their presence on FM 1709 and city workers at all major (Southlake Blvd.) until the intersections and were prepared traffic volume warrants it. to erect blockades at "People evidently have not predetermined locations to deter discovered 1709 yet." said race fans from using Gregg, "and until they do we neighborhood streets looking won't need officers at every for shortcuts to the track. But intersection as we had planned." only a few of the blockades see"Traffic" page 2 Traffic smooth. Texas Motor Speedway from page 1 officials hired hundreds of buses to shuttle fans to the track from remote parking lots all "As long as SH 114 over the north Tarrant County moves, no matter how slow, the area because their lots were too traffic seems to stay on it and muddy to accommodate that's good,"added Gregg. parking. They hired over 200 As expected � x P the Dallas Area Rapid Transit j evening traffic was worse than Race (DART) buses, school buses other times in the day. and Ft. Worth transit buses goers filter in all through the "Because cars were day, but when the checkered parked in remote areas that did flag drops they all leave at once. not bring them through"Traffic backed up all the way Southlake we have not seen to William D. Tate in Grapevine what we can expect during on Sunday morning," said another event like this one," Gregg, "but it didn't last long said Gregg, "we are gearing up and things began to thin out for the time when parking at the , again." "We did a good job of track brings the anticipated keeping our roads clear, but if a number of cars through problem occurred farther west it Southlake." affected us and we couldn't do "Traffic anything about it,"he added. we are glad but was we light haven't Evening traffic did back changed our traffic management up stop light to stop light most plan," said Black, "modified it, every night along SH 114 after yes; we will reduce our races but even that didn't last presence on 1709 for now, but very long according to police. people can expect worse traffic All in all things went pretty for the events in June." NEWS CLEPPLNG . Li Source: 04 i r Milialit a _ ) Black, Timarron, school, gas . station council sits down to a full table at April 15 meeting Progress Report as is the company owner Frank first reading on a vote of 7-0. , Halley. "We believe we will be The Council also passed The Southlake City an asset to Southlake," said the second reading of the i Council tackled several tough Green. "Our project deserves.to rezoning and site plan for the agenda items during their April be passed because Mr. Black new 7-8-9 school to be built on 15 meeting. Not the least of deserves and our building fits N. White Chapel. But when which was the emotionally on this piece of property. We people began to come to the charged issue of the rezoning of want to be the benchmark for podium to participate in the 1 Mr. Jerry Black's property next developments like this in public hearing council reminded j to the entrance of Southridge Southlake,"he added. them that they were severely Lakes. "This cannot be an limited in their power to change Mr. Black has been emotional issue for me," said anything. The city's legal trying to sell his land for two Mayor Stacy, " no matter how I council told the audience that, years and says no is interested feel about Mr. Black I won't let "the school district is immune, in it for residential, which is emotion rule my decision. To to the city's authority." w what the homeowners in SRL the people in opposition I say Mayor Stacy said, ( would prefer it to be. "The only that I admire your conviction, "We're concerned, the school offer I have had is from the but if the building bothers you district is concerned, but there 1 people who want to build this this much then buy the land and are a lot of kids moving into our ` office building on it," said Mr. make a park out of it. I dare say city and they need schools. In Black. though it is easier to go door to the eyes of the Texas Supreme Tim Green, president of door and get signatures on a Court, the needs of the children Medical Air Services, who is petition than it will be to get outweigh the needs of you and I applying to build on the one an a check." I." property is a Southlake resident The Council passed the see"Council" page 6 taxes to the Carroll School Council System without adding g O°e The council passed the from page 5 reading 7-0. The readin Prior to the moratorium g passed 7-0. on gas station applications to the Thirdly the Council had the first reading of Tract I of the city, Tetco had one in the 531 acre Timarron Westerra pipeline for a store at the corner development alon of N. Peytonville and FM 1709. 114. Tetco Tetco is the same company that Tract I is located at the o just built a store on SH 114 at of Dove and SH 114, Al Suarez, Trophy Club Dr. When asked elect of the Southlz, president by councilmember Gary Fawks E' of Commerce read a resolution why the one they proposed to passed b the Chamber build in Southlake was not as Y board nice as the one in Tro h supporting the Timarron P Y Club :' a ep development. The document developersentatives re trriction said that stated that the development was very tight in Tro h s were yand well planned and a tax benefit they built what they had toClut do for the city. Resident business there. Guthrie told the council tDeb hee Councilmember Martin at s didn't believe her taxes would blasted the developer for what go down as a result of this he called a "down right ugly project. building," I'm unhappy with it and I don't want it here, said Councilmember Martin said theyySOON Martin. go The developer agreed to down but that they wouldn't uot p quite as fast, gonumerous design changes to make' the building more Mayor Stacy said that pleasing and will bring it back the Solana development has added around $20 million in meetingoval at the next council A Southlake OED s onsors small CA p ra business roundtable z CI Progress Report that sewage gravity flows proposed and completed capital downhill to a treatment plant in improvement projects being Grapevine and does not need done by the city, primarily she Southlake Office of any pumps. Developers water, sewer and streets. "The Economic `)evelooment (OED) understood this and seeing that city spends a great deal of time held a mall business their impact and other fees to planning and prioritizing roundtable or mall businesses the city would be less costly projects," said Mr. Whitehead. in town in \tire' 4th at City developed in that part of towm "We have a tremendous amount Hall. It was •noderated by OED first. "When sewer availablity of ongoing work, in addition to y head Kate Barlow with comes to the north side growth any of the new projects, that re assistance from City Manager, will follow, it is enevitable." require our attention," he added. Curtis Hawk, Director of Public said Mr. Hawk. Mrs. Barlow closed the 1 i cni Works, Bob Whitehead and These types of meeting by inviting any small h/ 1 OED intern, Tim Woloshyn. necessary infrastructure cost a or home based business in The format for the gathering tremendous amount of money Southlake to call her office and was open discussion 'and and it will be commercial use any of the resources they - ...g:: questions and comments from development that provides the have available to make their the participants were welcomed. needed tax dollars to build business more efficient. She The group was told that them, said Mr. Hawk. "A also requested that all home growth in commercial majority of the people based businesses fill out and development in Southlake understand and see the need for return an application for a home would be on the increase in commercial development, if based business which is coming years. "We expect to done properly. It pays for the available from the city's zoning see the same rapid growth in infrastructure and schools that department. The application is commercial development that make Southlake a desirable free and is needed by the city to we have seen in residential in place to live. The taxes on a keep tabs on what is going on in past years,"said Mr. Hawk. $500,000 home aren't enough town. Karen Gandy, head of the 5 . An important reason for to educate one student for one zoning department said, "We the expected growth is the year," he added, "we need like to have a record of what r coming of a sewer system to the commercial growth to maintain businesses are operating in town north side of town. Mr. Hawk our city." so we know what is going on in said that it will be an expensive Dan Light, a home the neighborhood." undertaking, but an essential builder based in Southlake, These roundtable one to provide sewer to that part interjected, "A city grows or it seminars are held quarterly by of the community. Due to the dies,that's just a fact." the OED and various topics are , terrain sewage will have to be "This community will covered by different business pumped uphill to a water change dramatically in the next professionals and city officials. treatment plant in Roanoke five years, but we have planned "It is important for the necessitating the need for pump for it and have the vehicles in city to get information out to stations along the line which place to deal with it," said Mr. the public, both business and cost a considerable amount of Hawk. residential, because we are money. Conversely, the south Mr. Whitehead brought growing so fast," said Mr. side of town lays in such a way the group up to date on current, Hawk." YEWS CLEPPNG Source: 01111 If Date: 1 Friday, April 18, 1997 tGlle?9aliai Pornitta 3 OTHER ACTION KELLER—Architect Byron Folse informed The campus will be on the west side of North second reading, public hearing and final vot ;11er school trustees Monday about his plans White Chapel Boulevard, east of the current on the zoning change is set for the May' - adding 11 classrooms at Keller Middle Durham Elementary School, which fronts council meeting. Tracts II and III, which li iool as part of the school's renovation. The Shady Oaks. The new school, to open in fall farther south along 114, have yet to come tit and has commissioned Mr.Folse to draw the 1998, initially will house about 1,400 seventh-, fore the council. - signs. According to Julie Zwahr, the dis- eighth-and ninth-graders and eventually will ct's director of communications, the extra be converted to a ninth- and 10th-grade high Issrooms will accommodate an additional 200 school. tdents.The current enrollment of the school 1,050. Timarron clears hurdle Also part of the plans,the entire lunchroom 11 be renovated,and air conditioning will be SOUTH—The Westerra Timarron pro- t in the gymnasium. ject along State Highway 114 passed its first official test with the city Tuesday. Council , outhlake zoning changed members unanimously approved a first read- 9 9 ing of zoning changes for Tract I of the 500- SOUTHLAKE — The City Council on 'rues- plus-acre project.Tract I,in two sections total- / gave final approval to zoning changes al- ing 58.2 acres, sits just south of Dove Road on :ing for the construction of a new junior the east side of 114.The new zoning will allow h campus for the Carroll school district. mixed-use commercial development there. 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A. • CD ..- OD m CZ. -,e O cg fD YEWS CLEPPGNG —fL So 0 urce: . n -� ' � ( ' Date: / ira f C ,. . _ southlalcelands-two p zonal buildini By PAT ABERNATHEY fireplaces at each,end..It is a classic Geor- Southlake officials hope will locate in the THE BUSINESS PRESS . .- gian style." ; :.:,:,. ,,, , .. - tsz - Northeast Tarrant community Myers said ground will be broken for "The city is very pleased with SOUTHLAKE—Realty Capital Corp..is phase two in June and completion should Georgetown Park,"said Kate Barlow,eco- expanding its Georgetown.Park office de- come during the late summer. CNK Ar- noinic development director for Southlake. velopment with a phase two construction chitects Inc. designed the building "They comply._with oui ,ordinances and .Phase two will adjoin hase pne moo! bring a quality product to the c 3ty*u project. �_ A. _ , . J , _P �, _-,. . r *are feet,Plans ;Myers also announced de development ; Georgetown" axle,;located at 425.E buildings totaling:16,000.sq Southlake Blvd., is situated on 5.5 acres. are in the works for phases three and four, of, n office project at the northwest corner Phase two of the office parkwill be an 8,000- which will eventually,_bring Georgetown- of-Sou`thlake-Boulevard-and'Byron Nelson ' -,- ` 3' 14- Boulevard. squar foot facthtymarkete�!ZPgdto.P ozessiona ,,Park to 45,000 squareIeet. h ,.4... ., f users.Developers;did not'disclose the cost - "We just opened-phase one a month ago. Oakmont Office Plaza will be a 10,000- of phase two. We began construction in October,"Myers square-foot professional office building. "We are finishing up the architectural said."We have several interested tenants for "We already are working with-tenants plans and submitting plans to the city,"said phase two—medical offices,attorneys and on the Oakmont protect," Myers said. Richard Myers of Realty Capital.: `"The other professionals." "We hope to break ground in July." project sits on a wooded lot and will have The office park is typical of the projects see SOUTHLAKE on page 19 _ I 3OUTAI.AIE from page 3 potential buildings to determine if they ing for existing space,pushing demand for ' mesh well with the residential and coin- office space upward. The northeast portion of the county at- mercial guidelines," she said. "We are "We have a lot of small businesses run tracts developers because of its high looking.for high-quality development in out of homes in the Northeast Tarrant re- growth rates and quality opportunities, both residential•and commercial:' gion, and when they get too big they look Myers said. Myers said Realty Capital is committed to for new space," she said. "This is a large "We love Northeast Tarrant.I live here, meeting'Southlake's demand for quality de- portion of the people who approach my of- and it is one of the fastest growth markets velopment. fice." in America,"he said. "The quality of our developments is high "People want a Southlake address," Barlow said Southlake does not take a. because it meets with approval from the cit- Myers said. "Southlake is one of the pre- proactive approach to development,but ies where we develop, and it attracts ten- mier sites in D/FW." examines every development proposal with ants,"he said. Tom Wouters of Realty Capital will a high level of scrutiny. Barlow said many businesses and inch- handle the leasing of both Oakmont Of- "We spend a lot of time looking at the viduals who approach her office are look- fice Plaza and Georgetown Park Phase II. NEWS CLIPPING Source: o(A-1-11!c iCt )OLrno Date: 14--/2 Carroll Moves One Step Closer To Athletic Complex by Terry Fox ered include football stadium, The Carroll Board of Trust- swim,tennis,and gym facilities, ees voted this week to begin all of which would be consid- studies on the possibility of ered for joint utilization with the building anew athletic complex, City of Southlake and its resi- to be completed by the year dents. The preliminary concept, 2000, school officials reported. explained Superintendent Ted Motivated by growth in the Gillum, places this complex on district-high school enrollment, 40 to 50 acres. This factor, he currently at 1337, is projected points out, is the biggest,chali to exceed 5A status within the lenge facing the study group,for next three year's - the trustees reasons of cost and possible con- have directed staff to conduct flict with neighboring land own- studies on cost, location, and ers. possible uses for the complex. Further meetings with the fi- • Joint-use is planned with the name, academic/co-curricular, City of Southlake, and would and joint use committees at provide the district with funds Carroll administration, Gillum 1 toward the construction of the says,will constitute the next step complex. in the building of the athletic Various uses being consid- complex. YEWS CLIPP1 G Source: 3o(A j�( ab, N)nuur Q Date: /4 1 d Celebrate Southlake's • 40. Years Of History The City of Southlake will attractions such as magicians, host"Celebration Southlake"to face painting,clowns,a bounce complete the festivities for the house and maze, and more. city's 40th birthday. The cel- Sponsorship opportunities ebration, scheduled for May 3 are available for local organize- from 12 to 7pm at Bicentennial tions who wish to be involved Park,will consist of a kite festi- with the celebration'through val and community fair,and will fund-raising game booths. include arts and crafts booths, Call the city at 481-5581,ext. concessions,game booths,local 756 for more information. entertainment, and children's i• � f i � I NEWS CLtPPLNG N-eSource: ,W0A-6 _Date: I i New school soon coming• . a to the CISD : _ 1 by Ryan S. Otto The re-zoning and site plan fo: the Carroll Independent Schoo District's new seventh,eighth and I ninth grade campus was unani- mously approved by the Southlake City Council its meeting Tuesday. The meeting was the second time the district had approached the council for approval of the new f school site. "We have five items that are to be made clear," said Brett Cline, • CISD program manager. All five items named by the j school district dealt with the Ascott Road extension, which has been given careful consideration in pre- vious City Council and Planning + and Zoning Commission meet ings. Q The P&Z had stated in other 1 hearings that the city does not want to re-negotiate to obtain land in the future and possibly have to buy the i i east-to-west extension of Ascott I back from the school district if a road is ever needed. But according to Cline's presen- tation,the CISD objected to nam (see "City,"page 2) • . p OA Co � n n ° c o 0 `< co y o a = - C ° Q ,A. 2 9 O _. �. fD Cr A CCD ' = ti• m A ts too . A a. —. • a' " o y co 1 Ao aA C w -10 CD n O cr C 2 . 0 . c,, Cl... o CD co O Po G. .. �A o rn v,• _ C v ° mp _ c.ry CM co a. n C7 o co m 3 cn o A fl 'pi i N A < -- A 0, i ' fl ..-1 cD t o =. :Jr `< Q.• n. C cn � � a• Ag to Oda z G. o 0An55 C. S ? O ' A O D t 0 c -p• z . C A ", ._, ^. 0 p P, c . P, .) p v, - C - � 2 9 c ° r.' oA co CD -0 Z `< 0 c oo o A, oy L. 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C3 v' cdD O SZ3 _� ..o++�� f� Vpi 7 n 0 A o o IL LY cCi Lv C .^.i a 0. O `< (.*,D `G P O O a O w o (IDa Cj 0 co O CA .7 CO .Aj Q. A A w G. A C C o .-.. o . . ° .At (~D A • A, ""'. ci: P, .e h O ".S o A Y �• 0 < N A C O DrA Q F o Cr c Ill l pO DXD: (D C O (lA . r. c C G. 0 cr C O o r. w r.i y YEWS CLIPPING sisioSource: ITIli Date: ' i Cautious about growth, cities . vow to keep lid on apartments 1 By BRYON OKADA going to be unbelievable, but let's stick to , Star-Telegram Staff Writer the zoning we have,"Petty said. COLLEYVILLE— If you let in apart- Petty, who will leave his post next ment builders,renters will come in droves. week to become president of an area cor- And unless cities are careful to control poration, spoke in the first of a series of the growth, tenants could move in before "state of the union"talks given by the city I communities can provide the services they managers of each city in the partnership: • need, officials cautioned at yesterday's Partner cities are Colleyville, I Metroport Cities Partnership meeting. Grapevine, Haslet, Keller, Roanoke, With large companies such as Intel Southlake,Trophy Club and Westlake. Corp. expected to move to the Alliance Too many apartments at the same time Corridor, apartment builders are willing to could put pressure on roads, water and pay almost anything for prime locations sewer services, and schools, police and near commercial districts or along high- firefighters,city officials contend. way frontage, Grapevine City Manager To that end,some mayors and other city Trent Petty said. leaders said they would keep a tight rein_ "The quick-buck opportunities are (More on GROWTH on Page 8) r i 1 VOli L) . 1 1 i labor supply." he said. "But you Growth want to fill up the multifamily hour, ing you have before you allow more." From Page 1 Roanoke Mayor Joe Grace said ' that Baggett's Homestead develop- on apartment development. ment contains the only apartments although saying no to developers' planned for the city. money will not he easy. "Beyond that, 1 don't want;to "They're willing to pay a lot," overload the city with apartments," Petty said."One developer agreed Grace said. to build a bridge and more than a Westlake has 30 acres zoned for mile of curb and gutter.They were apartments.but no applicants have willing to take a S3.5 million infra- come forward. Mayor Scott Brad- structure hit." Icy said. Area developers said that apart- However. representatives of ments are integral to any corn- Ross Perot Jr.plan hundreds of up- munity and that homes will be scale multifamily units on the needed for young professionals. 2,500-acre Circle T Ranch in West- "When you only have one type lake. of housing, you become "1 think multifamily housing homogeneous." said developer properly designed and properly lo- Hap Haggett,who is planning 900 cated adds to the balance of hous- units on his Homestead develop- ing in an area." said Rick Patter- ment in Roanoke."You're not cre- son. president of Perot's Alliance ating a complete feel for the corn- Development Co. munity.I think it's a shame that we "We would he cutting off our have some communities where 22- nose to spite our face to not build Year-olds who just eraduated from something longer-term.lasting and college and arc making S31).1XX) a of high quality." Patterson said. year can't even live in the town they •'The thing you can remember with grew up in." us is we own so much land,we can't The question of whether to allow afford to put something on our • more apartments is an issue in al- property that's not of the highest most every area city. quality." "Each of the cities needs to learn In Southlake,which is experienc- • from the other cities," said Keller ing enormous growth that will add Mayor Ron Lee, who last month more than 1.000 students to the took over as partnership chairman Carroll school district in the next from Colleyville Mayor Ed Baker. year, officials hope to curtail the Grapevine has added 456 apart- massive demand on public services. ments in the past two years and has The district is adding schools at a zoned land for 3.000 more near rate of two a year. Grapevine Mills mall,according to "It would be irresponsible for us the city's economic summary. to increase housing density." Grapevine has 3.892 apartments. Councilman David Harris said. "I which account for 27 percent of the like children,but we have too many city's housing. children already." Grapevine expects 6,000 jobs to in Keller.Lee vowed to hold to he created by the Oct. 30 opening the philosophy."Where it is.it is." of Grapevine Mills. The city has 169 apartments on Intel. Texas Motor Speedway 10 acres. said Nika Zolghadri. and other large employers will add Keller's director of community de- thousands of jobs. Cities must he velopment. The city also has 70 careful to match building to the acres zoned for multifamily hous- market.Petty said. ing. "The quickest way to kill eco- "But there hasn't been any activ- nomic development is to cut off the ity in the past 10 years."Zolghadri said. Petty said the inclination to halt apartment development is not unu- sual for greater Northeast Tarrant • County. but the open-handed re- quests from apartment builders in Grapevine can he used as a gauge for what will happen soon in other— cities. "They're coming." Petty said. "They'll he knocking on your • door." NEWS CLIPPC'(G a 4,1 Source: f Date: 6lq Some parents decry penalties -.But Carroll principal says school's decisions are fair • By joy Dickinson — Staff writer of The Dallas Morning News SOUTHLAKE — Unevenly applied, overly . harsh discipline has become the norm at Carroll High School, some parents and students charge,. with some youths receiving_severe penalties for minor infractions while star athletes escape punishment for serious offenses. Spurred by what they say is unfair punish- ■ Contracts outline terms of behavior. 2N IN Rising enrollment,drugs linked. 2N ment meted out to two cheerleaders, who were permanently kicked off the squad for a recent mooning incident,many parents have come for- ward with similar tales of what they call unjust treatment. "These are not isolated incidents. ... It's a continual saga of abusing authority," said Gail . O'Malley, whose 15-year-old son, Christian, is a sophomore at Carroll. Mrs. O'Malley stressed that the teachers at Carroll are "terrific—I have no problem with them at all,"but said principal Linda Smiles and her three assistants frequently take discipline too far. - Mrs. Smiles declined to discuss specific inci- dents, citing student confidentiality laws, but she denied that discipline at Carroll is meted out : selectively. "Carroll High School is committed to a strong and equitable approach to discipline as an impor- tant factor in maintaining a climate conducive to learning and respect," she said in prepared Please see SOME on Page 2N. - y r i } 3 Some Carroll parents blast .�� Contracts outline ,.., =- ehool s punishment choices Z'tiptinned from Page IN. worse offenses. terms of behavior ",: ,. _iatement. "We had a party about a month _Disciplinary policies...are ap- ago where we were drinking and To participate in extracurricu- other offenses, "wearing exces- mt,ved by the CISD Board of Trust- the police came." said 17-year-old lar and co-curricular activities at sive jewels (one demerit),chew- .aes and administered fairly and junior Kami Adrian. "Everybody Carroll High,students and their ing gum (one), inappropriate '' _aismly by administrators to all stu- who was there got kicked out of parents must sign "constitu- talking (two),unladylike behav- :¢tisats:the statement said. activities....I didn't like it,but it tions,"or contracts. for anywhere or any time(five), ors:Smiles and Superintendent was fair. We signed the constitu- Each group sets its own rules, insubordination or being subject t Ark.Gillum both said the school lions,so we knew the rules and we which may be more stringent to a disciplinary procedure in -4p tes'punishment within guide- broke them." than the general Student Code of school. (10 each)"Students with :lies'set forward in the student Kami was bumped out of a varsi- Conduct,which all students and five demerits in one week must - i t. -bandtiook and extracurricular and ty tennis class,the Student Council parents must sign. sit out a performance of the team; t. eetieprrtcular"constitutions"—doc- and the National Honor Society. Under the code's "student 20 demerits rates a three-week udients that students and parents However, she said, discipline . elections"section,which covers probation;and any student with 1i tit sign. "depends on who you are and what student offices such as class and 30 demerits is dropped from the Mrs. O'Malley said her son was sport you play. ... They're hypo- Student Council officers and squad. •tedt to the district's alternative crites. They hold us up to certain cheerleaders, it states that stu- Cheerleaders 'school,Vista,last year for a prank expectations,but then they don't do dents "may never have been in which,she said,a friend of her things fairly.They pick and choose placed in on-campus suspension, "Moral and Ethical Standards: son's sold fake LSD,which was actu- at random who's going to get pun- or the off-campus alternative ed- Cheerleaders should be leaders ally a dot of blue ink on tissue pa- ished." ucation program." within the school and set a good per,to another student for SS. At another off-campus party over The code also states:"Any stu- example at all times.Cheerlead- The friend gave$1.25 of the mon- the holidays,she said,a star base- dent who has ever been suspend- ers are expected to have and ey to Christian, who was "hand- ball player got so drunk that he had ed from school or expelled from maintain a character above re- cuffed,arrested and sent to juvenile to have his stomach pumped. school will not be eligible to run Proach and personal appearance hall,"Mrs.O'Malley said.The crimi- "Everyone at school knew about for or to hold an elected office." and habits of which there could nal case was eventually dismissed, that,just like they knew about our Here are some examples of re- be no criticism."A demerit Bys- she said. party,but all he got was two weeks' qulrements from the various con- tem, similar to that of the drill Another parent said her son— probation.If you're on a sport that's stitutions. team,is used to tally offenses. an honor student—received five big,nothing much is going to hap- eb Student athletes Student Council days of on-campus suspension for pen to you." posting a flier defending another Smiles said offcam as sus Students are prohibited from "Officers disciplined for Lev- Mrsboy who he thought had been disci- P "the use of tobacco in any form, els I, II and III in the Student pensions are rare,with 26 so far this Alined too harshly. possession or use of drugs, pos. Handbook may be placed on pro-, "Td too flier wasn't inappropriate year. She did not have data avail- session or use of alcohol,involve- bation for six weeks;officers dis- 1 able for on-campus suspensions.On ment in or conviction of anyci lined for Levels IV and V of- free speech and expression," said Thursday, seven or eight students of criminal activity and severe fenses will be removed from the mother, who asked that her were in on pus suspension,she misconduct or behavior at office permanently. Issues in- name not be used for fear that her said,and"we very rarely have more school."Breaking the agreement volving probationary or removal son would face retribution. "They than that." is grounds for dismissal from a consequences will be determined teach our kids to express them- Assistant principal Derek Citty Carroll athletic team. by a panel of administrators,Stu- selves and stand up for others,and said the complaints represent a"vo- Drill team dent Council sponsors, and offi- then when they do it,they get sus- cal minority. ... We work really cars. Students may make an ap- pended. They shouldn't have to hard to be consistent with all these Demerits are given for,among peal to this committee." check their constitutional rights at kids.We communicate our expecta- the door." tions,and we don't try to surprise until administrators start taking Texas Education Agency,which has Many students say they don't them.We're here to make them sic- their complaints seriously. agreed to review it and hold a hear- think their own punishment has cessful,not to trip them up." Roger Jones, whose daughter ing with the district.The American been unfair,but they resent watch- Parents, however,say the disci- was kicked off the cheerleading Civil Liberties Union said it also is. ing others get away with similar or pline issue isn't going anywhere squad.has appealed the case to the looking into the dase. NEWS CLIPPLNG S. _ Source: nn 1X iplik Date: C Perot pitches plans , at Circle T meet'''. s 1 1 BY MILES MOFFEIT > Inside: Alderman candidate urges Star-Telegram Staff Writer supporters to vote for others...Page 15A WESTLAKE — For the first j time, Ross Perot Jr. personally Development Co. representatives took his vision for his 2,500-acre j Circle T Ranch straight to West- unveiled in a town hall meeting iti. lake residents, displaying story- June, according to a handful o boards for them in his ranch those who attended. house living room and requesting He presented blueprints for the' their input on his giant "Texas western portion of the Circle.:` Town"development proposals. that include a high-tech industrial, j In three invitation-only meet- sector, three golf courses and - j ings closed to the media, Perot retail centers. He also divulged disclosed plans for 500 acres he revised plans for apartments, i recently acquired on the ranch's which would be concentrated on west side. To the curious but about 60 acres north of Texas 114 skeptical audience, he also reiter- near Roanoke. ated the proposals his Alliance (More on RANCH on Page 15) a i I na a' m$ N- 3 3. _� 3 n n C m -'`LI.c 7 n a•n m 0 7 '" '^ m . no w� c7E.a;33 ms0 liHilhi l •E ncreN yN 'r ^3Ec 3 O n'm 74 a o.a• c o. 3 E 3. S •3 '" y n n -, i O o' c-=c•o' 4.Sc-R CS= 3-0 N.3 c 0 3 ., . F i m 7.N.n n•< d m _.C•7 io n n m "� d_n m^ _ 0'd E S p v3,m ,co n.N 3.a n i`�.. 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E •- 3 d n n O S a�c < m S•< p n X° r_o m ro » ° t n...• c o•- 3 o m nW -?.in no ?0 3 c 3 -a, to.0 n 3 a,o o m•3 E S a 70'^ r c c-^ „, ca.i c, vc cni ' c N'0 ,. .mom. c ro 3 . <m - c, ro ,an D O S S' �.a ay n-n S T 3 H c c v n E o 3 , •2, ry c 3' ,,, ,.d m Ft 0 13: 3 !' < o '7 no O •< n a n 0. ^ 7 3 c •'< ^SH o. .1. .... < y ?•S o 3 r,<an y c o o l0 F, 0 ' ?•°•:§0 Q? T(c. ° < S H 6 E o c c.,. =0, .Q o 3- in n •-• n °3 o. ro ,A !Io go g n o n ,moo inn „n!�< 6,n, 3'vc'° m3 � ^a° =oc - 9 ,^ t.' `^ o "' d ='d a' � w o O 3" ?°•o m N E 3' CD m•n+ ScSn 3' a3 3 ,Sm 3 , �' an -, Q. a rcn n °7 0 •-••,p< 3 ,oNn • coo co c. a a H n n a H N , m n H ,I I NEWS CLZPPE G Source: 1 /1 / � i O 'v`" Date: TT ,fir • t. l� •.s __' / -6 . . .6. r.„ •:V.V -a? ' 4),,„,.....„ .,-,-,..„. . ...„....:,. .„„......,; ..... ._,....„: „..,_ ...:-..,..,_ . . __ . I .r.,N,'• • __'#:: . �,,•, Yry .rw , ,� : r i✓ C l rr ,�" • ` k., e t� ., ,7.-- " .. ...,.._.,,, $4. „,... , . , ,. .,..„ 3 „ ." . . ,. . , , ...• . .t, , , _. *dik Keep Southlake Beautiful clean-up participants look for litter. Keeping the city clean means having fun, too i by Ryan S. Ono The"Adopt a Street"program Despite unseasonably cool tern- sponsored hy KSli, now has 3: peratures last weekend. 22 orga- groups maintaininc 27 miles o: nizations picked up more than 240 Southlake roads. bags of trash along roads and "We ha%e churches,businesses rights-of-way in Southlake on Boy Scout groups and homeown- April 12. ers associations," Sanderlin said. The clean-up day vas sponsored naming a few of the many organi- by Keep Southlake Beautiful for nations involved. "We even haves all the participating "Adopt a some families that have adopted a. Street-groups. street." "We had some groups hack out Although 60 percent ot, and re-schedule for next Saturday. Southlake•s roads have already,• but it was a good turnout,- said been adopted. more streets and Tom Sanderlin, chairman of the rights-of-way are available. litter committee. (see "Beautiful,"page 3) • • I. - Fr, UG C co v. 'CS O a. A„ S y �. O O "', C. ►,, n _' ~• x G 0 O O C a. O .0. 10 0 0 ,C„ `� n o . 43 0� C C O n O a. CD y y ,..y VCi n z' .C.� .°.. CA CA *' O.• 0 O A' O 05 -r O a. C C a .t .0 C I. ot, O CD U IQ 'C1 0' �' rn . C A, CA n C 5 0 o w v, w .n Cr. A, `o o C 0 _ i CM b° 0 a ' aa a a ccD . CD o . • n. O C .n co, O ?�. G�. O' `C c00 PP y' vl CD �, 0 00 P2 -. C O O. C ,.. a 0 CD do O O d ti r' „ , ~ A C '0 vp n M 'O O 1 O 5• A, O '� C O • O0 n = - O ? .0 (IQ co Cp I' C • n C ro '=. y' y O C y. t CD 03 CD = �' .,'CS 0 - xc FoIn .�O a „' 0 0 �' ° '+ y o0 CM n w 0 0 Cc. CD .1 ti 0 CD v, °.1 °, Q' -, , ..t G. CD x cn x o 'c to '0 m '+ CD O0 w G .c 7C O ° 0' W .-. — M i '+ CD .. 1 ..... I CA. CA CD .11 n0 O " .�.� O 0 0 y .'' n CD DaD n• O CM I.r m- 0 • �*, 0 b '- a. i n y 0 0. �. .+ • O• c to 0 o a .. C C O A, cn y• .+VI Ccia . O y t . ry y CD C C ma.� p,'� c o� `�° 0 a. co `�D " a 'Ou• `�D• w �p R. vi ? c�D H c<D C ,�j C (CD ~ y P 3 CCDD C C ,c<D `< .5 'b a bd CD r. ° C • ° G ° f9 0 A, a? ci) Uv .ci0. n ° o a. •I c. co o cn ; y0 °. 0 CCD a �°.CIO .9 '0 CD '"" "AD a : . .• va cn a: E ao -* a. 0- a a, A, v, o CO w cn C C' W co04 C O N (CD CD O C. cnp C CA cn C M. CO in. I O cn cco ° CCDD o, a' 0 -C, C. Oi CD k cn' -cD .--. Ma 0 ,a. y• a o co CC 0 5. K. 0' 0 ° .. rd CS w. 4 w a ti co I p• x" A, O `< co y 3 '.S• Al • CD y C. y J A, N D • CCD < , ,—. 0 C O C co .... < t ~A O0 C p.' 0' a ►.., A, • A, 0 0. 0 a. • YEWS CLtPPNG Source: \,AJ j 9 Ti ' VY (S I Date: J • Hometown home page on the World Wide Web by Ryan S. Otto "A lot of the work in designing The city of Southlake, whose the site was gathering informa- leaders maintain the town's"rural tion," Ewings said. charm" amid constant growth, is Ewings, who graduated from now globally connected through Texas A&M University with a the World Wide Web. bachelor of arts in History,had tc Around October of last year,the receive training in the Internet pro- ; city.of Southlake decided to cre- gramming system HTML, of ate a Web site that would offer In- Hyper Text Marking Language, ternet browsers information about prior to constructing the Southlake everything from garbage and re- web site. I cycling to job opportunities. "The programs can convert a lol "I was familiar with the Internet of text from WordPerfect and from home, work and school, but Word to HTML,which saves time • never from a technical stand- in the transfer of information," point," said Chuck Ewings, who Ewings said. • was serving as an administrative While on the home page, Inter- intern for-the city manager when net browsers can access the South- Southlake commissioned him to lake City Council minutes as far design the web page. back as December 3, 1996,under The web site, which took the headline News and Informa- Ewings about 40 to 50 hours to tion. create, has already been accessed Under the same headline, the more than 1,346 times since March city manager's report will provide 10. (see "Home Page,"page 2) • • 0 M. . y I Home Page from pugs 1 individuals with the upcoming City Council agenda. • "The challenge now is to keep the information updated,"Ewings said. In addition to supplying infor- mation about City Councilactivi- 3 j ties,the Southlake web site offers • I various information about other boards and commissions. For example,information under the Southlake Youth Advisory Commission in the Boards and Commission's Handbook explains the organization's membership, meeting dates and commissioner 1 eligibility. The handbook also lists infon,na- tion about the Building Board of 11 Appeals, the Joint Utilization Committee and Planning and Zon- ing Commission,to name "We just have the basic frame- work of the Web site down now," Ewings said. 1. The Southlake Department of Public Safety, which recently adopted a special needs program, now has a service survey in the Web site. The special needs program com- s bines the emergency communica- tion systems of Southlake with a 1 database of individuals in unique care situations.If assistance is re- quested from a home with a spe- cial needs resident, emergency personnel are alerted before arriv- a ing. Individuals who are confined to a bed or who require any type of 5 special care can complete the con- fidential survey and mail it to the Department of Public Safety for enrollment in the program.pursu- Ewings,who is currentlyd ing a master's degree in public administration at the University of Texas at Arlington,is now the full- time administrative assistant for the public works director. And although Ewings plans to k stay with the Web site project for technical support,newly appointed ` community service manager Kevin Hugman will oversee the majority of the project's expan- z sion. For more information about the site,contact Hugman at 481-5581, Ext.710. YEWS CLIPPLNG Source: 1-1 I t a , , I Date: 4)-1/ 16y--7____: SPIN �PI� News For more information about Southlake,surf the net at: www.ci.southlake.tz.us Conversant Phone System - As part of the city's continuing effort to find efficient methods. of communicating upcoming I meetings. it is installing a conversant phone system. The system is presently being programmed and should be up and running by mid-April. With this system you will be able to call the number and get an up to date list of all meetings going on in the city. SPIN Neighborhood #6 - will have a meeting May 1st in the White Chapel Room at Bicentennial Park at 7:00 PM. City Manager Curtis Hawk and Director of Public Works Bob Whitehead will address the timetable for sewer improve- ments. as well as code enforcement and other pertinent issues. t p SPIN Neighborhood#10-will II hold a meeting May I, at 7:00 PM at the Lodge . in Bicentennial Park. Discussion • will be about the proposed gated community at Aubry Estates on White Chapel Rd. The project proposes 14 half to. three-quarter acre lots with water features and a park. Call The Public Works Dept.-was Keep Southlake Beautiful - Al Morin at 421-0873. recently honored by the Texas Litter Committee Chairman natural Resource Conservation Tom Sanderlin reports that 245 SPIN Standing Committee - Commission for outstanding bags of trash were gathered up will meet on April 24 at 7:00 performance in a public by over 25 groups during Trash PM in the White Chapel Room drinking water system. Day. at Bicentennial Park. SYAC-On April 23,nearly 13 Neighborhood Watch Groups Texas Forest Service - has members of the Southlake - Community Service Officer provided a grant for a tree Youth Action Committee will Carrie Fullington is urging demonstration project. Plans travel to Austin with Shelli neighborhoods to form watch include the planting of 60 trees Siemer and other staff to attend groups. Call Officer Fullington • along Kimball Road between a legislative session and meet for help in forming one in your SH 114 and 1709. with Senator Jane Nelson. area.481-5581 ext.800. d'. I.r)N _< ' O.to to -< • ate-+ o �, E e o, s3 000 '0-•'� g ^ ,?Sco as -I °= o e", ^9 •-• > Mel ra = 0.° o:<c�o' m=02 grit?) �'am , an 0 .. _`< T-•w a m Sn7 m`< _ > r C�7 5 r. nay �`< � m . a•= wotT+ Y^ 3 ...z7" z^� ° 0 ^ 7p^ y�, g3 rm 0° so n '5 is .3 `� 7rw 7 e o �-1-3 Ca= w e o 0, -,`.< -l:: 2, aE.1 f�r =A S coC ne ne ,t, 7 3'7 O '.0 o < A w m S 0 -,'r1 o• cv,t7 7r A w 7 -co to ...0 elr. 7 C rn „ 03 ^ c75 ,7 3•S7 ? -,, OoC7-`An " 0 = x330 -C ao 00w pi V! 007 <93 aoy o � ca E _ 5'n w s^ ti H ° ' (2 asT6 E = - 3 0 7 Tn > -i 7� =C H 0•== > o so 7, GI n • E n A S w fw1 t7 C_ e) i,e S.. A • � 7 7 A _C.. O S A 00 •• C > _7 CA n 0 S N 0`< 7r 0co 08 C ?S 7 - 7r G `< = ___ 0. 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N W , p a =y 8 _N'O. 00 t<y 0 O NEWS CUPPING r ,; o/PPP\ /fn1 N V I Source: � iL i�.! X/ ;�1 Date: / 7 Southiake •may set up a tax district BY BRYON OKADA that the tax district would raise enues from commercial projects Star-Telegram Staff Writer about$11.2 million to pay for a new built in tax district to repay the SOUTHLAKE — The city is City Hall and two parks within bonds, said Brian Stebbins, chief considering creating a special tax Southlake Town Square, designed executive office of Cooper&Steb- district to finance Rialto Develop- by Schwarz. Schwarz also master- bins, which is building Town ment's multimillion-dollar South- minded the designs for Sundance Square. lake Town Square development de- Square in downtown Fort Worth Phase 1, zoned agricultural, is signed by famed Washington archi- and The Ballpark in Arlington. worth $1.9 million. At buildoile t tect David Schwarz. The money could also pay for may be worth in excess of$65in`71- City officials said a tax increment streets, utilities and other public lion,Sabonis said. `'"t' financing district would funnel mil- amenities,said Jim Sabonis,princi- The tax district will be funded lions of the project's property tax pal investment adviser for First only after the project starts, Steb- dollars back into the building of a Southwest Co. bins said. City Hall and other public facilities City and Carroll school district "If the development doesn't in that district, which developers officials are also considering build- occur, the money's not available," hope will eventually become the ing a football stadium/swimming he said. city's downtown. complex/ice hockey rink within the j "This is an opportunity for us to square mile. If the 130-acre Town Square encourage the economic develop- "We're looking for an area builds out as expected during the ment in a controlled manner and be someplace in the city where we next decade or so,a taxdistricfyith the full participation of Southlake a partner in that development with could build an athletic complex," ; the business community,"Council- Carroll Superintendent Ted Gillum the Southlake Parks Develop t man Scott Martin said yesterday."I said. "I think the district would be Corp.,Tarrant County,the Tarrant very much support it." interested in studying that as a real County Hospital District, the Tar- The tax district would be about 1 possibility." rant County Junior College District •square mile bordered by Farm If the plan is approved, the city and Carroll school district ilie Road 1709 on the south, Highland would issue long-term bonds to pay back the bonds in about nine years,Sabonisid. J said. Road on the north, Kimball Road fund public-use facilities in an ini- _i on the east and Carroll Road on the tial 40--acre Phase 1 of the Town By that time, Southlake Town west. Square project.The city would then Square may be valued at $250 mjl- If approved, officials estimate use the increased property tax rev- lion,officials said. :.,;t NEWS CL EPPLYG Source: _31,--1 , ACP Date: ,z i Commercial complex gets initial OK in Southlake SOUTHLAKE — After seven years of negotiations with the city, Westerra Timarron has won tenta- tive approval for part of a massive office and commercial project that I Councilmen Gary Fawks and would be the city's largest develop- .; Scott Martin saidthey will continue ment ever. I trying to persuade Westerra to add After a barrage of questions at ' Red area to the.pr _l Tuesday night's meeting, the City final review at the April 29 council Council unanimously approved a meeting. site plan for a 58-acre tract of cor- "Ddn't take anything for grant porate offices,shops and perhaps a ed,"Stacy told Westerra represent- hotel north of Texas 114 near atives at Tuesday's meeting, which White Chapel Boulevard. lasted until 2 a.m. yesterday. "Just "We were happy with the pro- because we're near to reaching an cess last night,"Steve Yetts,Timar- ; agreement on this.doesn't mean it ron Development Corp.'s develop- will have an impact on Tract 2 or, ment manager, said yesterday. "It ! Tract3.Each tract must stand on its was kind of surprising that we got own_„ the support from all the councilmen _ BRYorr oKAnA to the degree we did." The property is one of three that Westerra Timarron owns just north of Texas 114 that,with the city's go- ahead, would add up to a 531-acre cluster of offices,shops,homes and hotels. Several times at Tuesday's meet- ing, Mayor Rick Stacy pointed out. that there would be a second hear- ing about the 58-acre project in two weeks, including a public hearing, before the tentative decision can become final. Council members had been par • - . ticularly concerned about the height of the buildings and having commercial buildings across the street from a residential area.Their qualms were resolved by requiring the developer to apply for special use permits if it wants to make buildings more than 4 stories high. No buildings in Southlake can be more than 6 stories because fire- fighting equipment will not reach any higher. The council also required that half of the 100-foot setback for buildings along White Chapel Bou- levard be green space to serve as a buffer for residents across the street. NEWS CLIPPING Source: V'� f T- - �) G✓1r)i) Date: / AtTIiletic complex advances Carroll district starts plan for stadium,rec center BY YAMIL BERARD Star-Telegram Staff Writer SOUTHLAKE—After sever- al years of playing with the idea of building a first-class athletic stadium and recreation complex, Carroll school board members have taken the first step to make that dream come true. This week, trustees instructed district staff to put together a plan for building an athletic complex, preferably by 2000. "What we want to do is get it rolling, get everybody thinking about it," Trustee Howard Addi- son said. — Trustees have envisioned a 40- acre complex with a 10,000-seat + football stadium that would rival Pennington Field in Bedford, a 24-court tennis center comparable to Arlington Center and an indoor aquatic facility that would surpass Grapevine Swim Center. A performing-arts auditorium has also been considered. Carroll's study will include cost, land availability and the types of academic and extracur- ricular programs that could be offered at the complex. During the past two years, Southlake officials talked about helping to pay for-a complex because Southlake residents could also use it. But dialogue between city and school district officials has been sporadic, and it has been months since the groups met publicly to exchange ideas. (More on CARROLL on Page 4) I i r t s 1 i I t I Y t I B T t Dragon Stadium is inadequate t Carroll for the crowds that now attend 3 football games and other events, From Page 1 district athletic director Bob Led- better said. Portable bleachers are used to handle overflow, the drill School officials now say the city team must sit on the track for lack can pitch in financially whenever of space, and more than 150 )esi- construction starts. dents are on a waiting list for toot- t But I'm not waiting for a ball season tickets. check,"Addison said. "It's probably the poorest facility t Carroll officials had been wary of any school in the district for its t about proposing a complex to a size," Ledbetter said. "We will t community that three years ago re- have a new stadium. I would'say jected a $1.8 million bond proposi- one of the top priorities is to pro- tion for renovating and expanding vide for our kids the opportunity to i have a facilitythat theycall be Carroll's football stadium. } But they say the district is run- proud of. .1 t ping out of time and space. In the Within the next month, school next three years, the community officials plan to gather recom- will outgrow Dragon Stadium, mendations from a committee of which seats about 3,500 people.En- parents and school officials about t rollment projections show that Car- which new extracurricular pro- roll High School will reach Class grams the district most wants. y 5A status by 2000,district Superin- Many in the community have ' tendent Ted Gillum said at Mon- wanted to start a boys wrestling t day's board meeting.Class 5A high team at Carroll High, board schools have 1,650 or more stu- President Buddy Luce said ye#ter- dents.About 1,337 students are en- day. If officials decide to start;luck rolled at Carroll High.The district a team,the district must bujld.fa= expects to enroll 2,277 students cility that offers competition there by 2002. rooms. .! "I don't believe that Dragon Sta- "The plan will include what type dium will meet the needs of this dis- of facilities and what the costs may trict when it gets to 5A." Gillum be associated with then3,;' Luce said. said. — p t I t I i f t NEWS CLIPPING r - Source: \ .i%L I /' V V Date: i / • I. Smoke causes school evacuation , Star-Telegram Robert Finn said. A fire alarm -$OUTHLAKE — Students at alerted school officials of the prob Cari<o1l Intermediate School were lem,he said. _ sevacuated yesterday after light Students waitedoutside in sunny moke from a faulty heating and air co.>pdponing unit permeated the weather about 90 minutes before g,officials said. fire officials said it was safe to re-:' -b turn to classrooms,Finn said. , o,inluries were reported in the' inc dent about 12:30� p.m. in the A Carroll school district mainte- I 146:block of Carroll Avenue, nance supervisor was called to the Soythlake public safety spokesman school to check the unit,Finn said. 1 I na NW I:fl . q On» O n. > �'• v H to � V d :n 69.C.. N O * !D ( a^, . s c o _ n a s •nano gn c ; .c', 3r ^, 3_ cn0 3 o N ? VtQf ti o � X p ° e. °= O o• o cAn S C(DO t9 _ O OA AO � y hi. C c c�9 .0 N y CD kV -3 d <<, °; � � cd �� y , o = n c �' co co A - � , 0 yNc� ��(� 0 1 /00 y roo= O goo y < g • V ,z c co O a c co ° , • _ :n O. = S'J N co co c9C .�7 pN O ^' C co L n A �-. 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J I Southiake . toweigh 1 retail plan Rezoning sought • for stores, hotel BY LESLIE HUEHOLT Star-Telegram Staff Writer SOUTHLAKE — The City ' Council tomorrow will consider ,I rezoning the first of three sections of Westerra Management's pro- ' poked 531-acre commercial 1 delelopment. Westerra wants to build stores and.,a hotel on 58 acres, a corpo- rate{"power center" on 272 acres, i and;hotels, restaurants and space for high-profile companies on 2at,acres. Each tract is north of Texas 114. The Planning and Zoning oinmission has recommended rezoning all three tracts.Now it is up >o the council. The council p :will tackle the 58-acre site tomor- 1 row but will wait until later meet- ' ings to consider the larger tracts. The council is more likely to make a decision about the first tract in one meeting than it is the larger tracts, Southlake Zoning Administrator Karen Gandy said. I :"I think it would happen for 1 •th}s particular tract, because it's I srnaller'in size and doesn't have _ I near the residential impact of • tracts two and three," Gandy said 1at week. ..Westerra Management, for- _n erly Timarron Land Corp., sub- tted its plans to the city ink tober, and there have been;, re than a dozen community` - ;•(More on ZONING on Page 4) • S S , S i Francis said. mission recommended requiring Zonin The council and zoning corn- special-use permits for 5- or 6- mission recently had two work story buildings.That could inhibit From Page 1 sessions about the 58-acre tract to Westerra's ability to build a hotel try to answer questions, such as taller than 4 stories on the site, whether the city can use special- said Steve Yetts,Westerra's devel- meetings. use permits to control develop- opment manager. Residents who oppose the ment. "We're asking the city for the s changes have said that Southlake The permits would limit prop- ability to trust us with attractinsaig. is being developed too quickly. erty uses.above that.required by some quality users," Yetts "With Town Square going in the city's zoning ordinance. Also, "As partners in the community,: ,' and now Timarron, you're look- the council would be required to we'll in turn trust them that ing at developing about 2 square consider special-use permits on a they'll be fair and equitable in the miles where thefe previously was case-by-case basis. special-use process." 1 nothing," resident Jere Francis "There is a concern that an Also tomorrow, the council said. "I think it's completely awful lot of special-use permits scheduled to discuss a special talc. uncontrolled. I think Southlake are being recommended by the district that could pay for a Citr; needs a little tighter reins on what Planning and Zoning Commis- Hall/school district building anc,' gets built." sion,"City Attorney Wayne Olson other improvements at Cooper & Residents are also concerned said. "The concern is that it just Stebbins'proposed Town Square: r about the type of businesses that puts off tomorrow what could be The council is expected to,_ r might be built and how the busi- decided today." schedule a public hearing on the nejses would fit in with homes, In one case, the zoning corn- proposed tax district soon. f i 4 NEWS CL.IPPC G Source: ,' ta..1 ,( nn/ i r ' Date: 1 Town center uni plans unique, q architect says BY BRYON OKADA r Star-Telegram Staff Writer SOUTHLAKE — Flower Mound will have a one-of-a-kind town square, designed by none other than famed Wash- ington architect David Schwarz. ' I Just wait one minute. Southlake Town Square "� has Bibs on an exclusive R t Schwarz. Uh-oh. When word got out in ., Southlake that its pro- posed downtown might , be mimicked,developers and builders hit the roof. David Schwarz "Our concern from Southlake's point of view was whether • what has been proposed for Southlake Town Square is unique to Northeast Tar- 1 rant County," said Brian Stebbins, the' ' builder of the project. "We're not passing judgment on Flower Mound's project. It l 1 just seemed as if there were similarities." The man with a one-of-a-kind answer 1 (More on TOWNS on Page 9) 1 i i v. i 1 I i 5 E 3 5•:,I n k c 0 O.G.M N _., y0 n y W o n o n 0 0 o iVln o . n c a- N 3 "p ErCAppraTa ril y c n o c�+$E =c 0/ re A, 5, C m -O,=3 E C._�+I, toe 0 O nswNn -, ° En. ago c00ON = 3�cdq & � o % no nO. 'sf S• = 0'• =oho g S< E•C ; ':cc 9 c•a C N.an i n•• 0 C.w �.N.0 O • •AydcsN w t 5 r .c. 7•— yE a i o NO� EOo0 a ^ c. n 5. oa n Nn O > En -i5g O ryO CJ c: n C oc _•e o n"' 5 .a ; °i ry 0- 3 FPr c . 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CAR .1 NEWS CLIPPING Source: taXDA /� �'�/► l� fiAa 1CJJ Date: 4_`3 ." 7 l I , Approval expected for school Some in Southlake have voiced concerns to city By Joy Dickinson Staff Writer of The Dallas Morning News SOUTHLAKE — Plans are in the works to con- struct a new junior high campus for the Carroll district despite concerns from neighbors about chil- dren's safety, neighborhood serenity and property values. The second reading and public hearing on rezon- ing for the proposed Carroll Junior High School is set for Tuesday before the Southlake City Council. At the first reading,April 1,the rezoning was unani= mously approved. ' The campus will be situated on the west side of North White Chapel Boulevard, just north of the Oak Hill Estates development and across White Cha- pel from the Chapel Downs subdivision. The new school will sit east of the current Dur- ham Elementary School, with a chain-link fence • • separating the campuses. Eventually, a connecting • road may be built between the two, and a public road could be built north of the schools,connecting • White Chapel and Shady Oaks Drive. The city received two group letters expressing concerns about the project,one from 62 members of the Oak Hills Homeowners Association and another from 34 other area residents. Residents along the0 e, Please see SOUTHLAKE on Page 4S. v 4 S aUaul lgorning aielu% Sunday, April 13, 1997 I Southlake OK expected . .,,, r7; .. . , for Carroll school zonin .3 West Highland Continued from Page is. it is one of the city's few north-south northelrn boundary of the district's arteries that isn't already a school Site for property seem particularly peeved,es- zone. proposed Mr.Stac andCarroll pecially� about the campus' lighted bets backed bother council mem- Junior High football stadium and tennis courts. YCity Attorney George 9 = Staples,said that though they sympa- Durham At=the April 1 meeting, Nina thized with the upset neighbors, the Elementary Dunn, who lives on White Chapel, city was virtually powerless to stop said the school's location is a "very the project. poor choice that shows no regard for Even if the city refused to rezone the existing neighbors.This is clear- the property, they said, the district 1 goingto destroyour row • Y property val- has the power to build schools where V�Sow `"'`"' �`' .<>,..1� •ues and our privacy. it sees fit.If the matter ever reached , "We're going to lose the whole the courts, they said, the city would ; , rural environment, which is why I almost surely lose. WO moved there to begin with,"she said. "I wouldn't want to live next door Dr. Ted Gillum, Carroll superin- to campus,but I don't know of a ; tendent,said the district has had sev- solution,"Mr.Stacy said."I don't like eral public meetings to address resi- it, but it's not my job to like it. The i FoRT dents' concerns and has tried to district has the power here." ® t accommodate them when possible. The junior high is expected to `0 'i0 © c However,he said,the lighted field is serve about 1,400 students initially, f ; essential for school athletic ro- and eventually will house as manyas ' P � ''t grams.It will be lighted only 20 to 30 2,� The school, set to open in the ►� Ita4 �M — nights each year,he added. fall of 1998, will house seventh-, ► ,� � . Neighbors also expressed worries eighth- and ninth-graders for four „ . r i n ��-x' about children's safety. Like other years as Carroll Junior High. - Southlake neighborhoods, the area Then, beginning in the fall of The Dal Morning News has no sidewalks.White Chapel has a 2002,plans call for making it a ninth- the dirt," Dr. Gillum said. The pro- speed limit of 40 mph and is bor- and 10th-grade campus, to be called ject, estimated to cost $27.5 million, dered by deep ditches near the Carroll High School. Seventh- and was funded from the bond issue ap- school property. eighth-graders would then go to the proved by voters in the fall. Mayor Rick Stacy said at the April current Carroll Intermediate School, The Carroll district is growing at 1 meeting that the city had not de- and the current high school would the rate of about 600 students per cided whether to designate that part become Carroll Senior High. year, Dr. Gillum said, making the of White Chapel a school zone, but Construction on the new campus new school essential to prevent that the inclination is not to because will begin "as soon as we can turn crowding at existing campuses. y gp C1•�O p cap ci ce rif�.`,'°�' g�C.d c:�•°d G p':° m < cD o YA p"� p'ca `�m A e 5.0 `'-' *0 p C m • p= A crp A El ca p m ►mrt X A A O 0 p ,b g C A O p A... ca pw g`Z gt z Ama ;,C Abe n p a'd p ° o0 Ow O0 o mp m s+ .- p ca C < O „m ,"^. o" �'''� p� cn m a cD p .» A 7r O p m C H .s A r� Pwil .yq O m '� r 0 A m r•. O p rr n ~ CO ~ p r 17' m p Iw,w A►m- a, E .. r O.C p r ca m m m ,•t p' ...m m o 9 p N m m k p ' ' m'CJ 2) = C a crg z � n 1 . 11 p• ,;,, 0. 8'ti 0o g'(D � 0 00 .. 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Z cI p Q. c, + ''---- ,,, S� vs-M i O V .•. m p' f<D ....� c't (D C e s ! , tomi e y' O 'O m .C.0 C Z - -QfD DG _ pr aC d ,z.a•• • NEWS CLIPPING Source: G, 1 J� JGIYI Date: 4—'1I qi Celebrate Southlake's 40 Years Of History The City of Southlake will attractions such as magicians, host"Celebration Southlake"to face painting,clowns,a bounce complete the festivities for the house and maze,and more. city's 40th birthday. The cel- Sponsorship opportunities ebration, scheduled for May 3 are available for local organiza from 12 to 7pm at Bicentennial tions who wish to be involved Park,will consist of a kite festi- with the celebration through val and community fair,and will fund-raising game booths. include arts and crafts booths, Call the city at 481-5581,ext. concessions,game booths,local 756 for more information. entertainment, and children's YEWS CLIPPING Source: I Dace: 1+-1 l _6 Convenience stores eager to do business by Ryan S. Otto was also tabled to the April 17 Convenience store retailers,an- meeting. ticipating an increase in traffic While the site plan for the new along Farm-to-Market Road 1709, Chevron station was tabled to the have rushed to City Hall with spe- April 17 meeting,the site plan for cific-use requests,building permit a Southlake Boulevard Tetco con- applications and informal service venience store was denied 5 to 1 station inquires. by the commission. During the Planning and Zoning The applicant,Tetco Stores,Inc., Commission meeting April 3, the submitted the site plan fora 0.918- group was to consider two site acre, C 3-zoned parcel of land on plans for new service stations the northeast corner of the inter- along Farm-to-Market Road 1709 section of North Peytonville Av- and one specific-use permit for the enue and West Southlake Boule- sale of packaged beer. yard. One application, submitted by In response to the numerous in- the Chevron Products Company, quiries, the City Council voted I l seeks approval for a.934-acre ser- during its regular March 18 meet- vice station site on the northeast ing to temporarily stop any new corner of the intersection of Vil- service station construction. A 1 lage Center Drive and Southlake 120-day moratorium, which was Boulevard. The land is already unanimously approved by the zoned for C-3,or general commer- council, was placed on applica- cial district; filling stations are tions and the approval of service • some of the small businesses al- stations along Southlake Boule- lowed. yard. The specific-use permit for the According to the resolution,the sale of packaged beer for off-pre- Planning and Zoning Commission ' mises consumption, submitted by will use the 120 days to determine Chevron Products Company for the best location for service sta- the Chevron located on the north- tions and how those locations east corner of the Village Center should be zoned. Drive and Southlake Boulevard, (see "Stores,"page 3) i 1 1 tores "We've added key additional Other items considered in the lish regulations for personal ci: t property to the original plan,"said meeting were the final plat for the facilities to be built in Southlab 1 Dm page 1 Larry Stone,body life minister of right-of-way dedication of urrently,there are four service the Southlake Church of Christ. Brumlow Avenue,which was ap- ;' :ion along Southlake Boule- The two additional properties proved 5 to 0,with Chairman Joe d.And although only two com- obtained by the church are located Wright abstaining.The plat speci- ies have applied for permission on the east side of the original site fies land use and right-of-way at guild service stations, several plan. With the addition of both the intersection of Brumlow Av- } ers have made informal inquir- residential lots, the church is now enue and East Continental Boule- city officials said. able to build a two-story classroom yard. 7 other business,the Southlake building, as opposed to the origi- Much of the April 3 meeting was urch of Christ re-submitted a nally planned one-story building. tabled until the April 17 meeting icept plan for the church's new "These additions allow us to uti- because of to the extensive discus- ility, which was approved 6 to lize the property more efficiently," sion on City Ordinance No. 480- 'y the commission. Stone said. Y.Discussion of the ordinance was , :, -he facility, which will be lo- An already existing home on one scheduled to continue during a ed at the southwest corner of the of the properties will be used by special Planning and Zoning meet- )ck Drive and West Southlake the church as a counseling center. ing held last night, the results of ulevard intersection, was ap- "I think it will be good for the which were unavailable at press , ved earlier this year by both the church to have a counseling loca- time. nning and Zoning Commission tion away from the main traffic of The ordinance is expected to lift f i the City Council. the church building,"said Stone. a 120-day moratorium and estab- i t 'tr i i 1 NEWS CLIPPING itAin.„2 Source: \int Q � Date: �� vl � 1 I I � C Cleaning up the city and having fun News and Times Keep Southlake Beautiful will hold its second quarterly "Trash- Off" for 1997 on April 12 from 9 a.m. to noon. Volunteers, in conjunction with the city,will pick up litter from the streets in an effort to"Keep South- lake Beautiful." Any local high school students needing commu- nity service hours are encouraged to volunteer. Some of the local Adopt-A= Street groups already involved in clude homeowners associations; (see "City,"page 3) 1 i NEWS&TIMES SOUTHLAKE SECTION Friday, April 11, 1997 3 City Union Church Road and Kimball `J Avenue. • from page 1 Trash bags will be available at . businesses, Scouting troops, the City Hall annex, 1725 E. schools,clubs and churches. Southlake Blvd., until the after- - West Continental Boulevard, noon of April 11.Shortly after the North White Chapel Boulevard, specially marked bags are filled Shady Oaks Road and Randol Mill and left on the side of the road, Avenue are some of the streets that they will be collected by the city's have not been completely adopted. public works crews. Others include Brumlow Road, For more information,call Tom T.W.King Road,Bob Jones Road, Sanderlin at 488-4965. ti { NEWS CLIPPLNG Source: l-� n' , �11 Date: 11 SPIN Neighborhood #6 - will" �� SPIN have a meetingMay 1st in the SPIN y � News White Chapel Room at bBicentennial Park at 7:00 PM. City Manager Curtis Hawk and iDirector of Public Works Bob For more information about Whitehead will address the Southlake,surf the net at: timetable for sewer improve- www.ci.southlake.tx.us ments, as well as code enforcement and other pertinent issues. j SPIN Neighborhood # 7 - will meet in the City Council's Texas Forest Service - has chambers in City Hall on April provided a grant for a tree 11 at 7:00 PM. Discussions will demonstration project. Plans cover current zoning requests in include the planting of 60 trees the area, discuss how the along Kimball Road between speedway traffic effected the SH 114 and 1709. 1 neighborhood, or any other topic involving the city. Water Utilities - Residents east Chapel should watch Ch White SPIN Rep. is Darrell Faglie, call of a p 481-5581 ext. 887. for information about an j upcoming change in the billing SPIN Neighborhood #14 - will cycle. have a neighborhood council _ meeting on April 14 at 7:00 PM in the Old Union Room. Conversant Phone System - As part of the city's continuing effort to find efficient methods of communicating upcoming meetings. it is installing a ' conversant phone system. The system is presently being programmed and should be up and running by mid-April. With 1 this system you will be able to call the number and get an up to date list of all meetings going on in the city. NEWS CLIPPING ,.- . . a Source: C-)Q/lA C:))k/` Date: —MI I City extends moratorium on ,, Personal Care Living Facilities 1 Progress Report parking and the requirement of subdivision next to which an , amenities. assisted living center has been 1 The City Council voted P&Z commissioner proposed. "I hope the city April 1st to extend the Ann Creighton suggested the writes an ordinance that moratorium on Personal commission be careful not to encourages quality living and (Assisted) Care Living word their document vaguely less density,"he said. 1 Facilities for an additional 60 because there are different days while the Planning and levels of assisted care that have 1 Zoning Commission worked to to be addressed in the one I draft a new zoning ordinance ordinance. covering them. Commissioner Debra A number of companies Edmondson added, "I have no have either applied for rezoning problem with a strict ordinance, I to build one or have met with if the developer doesn't want to SPIN groups to "test the meet it let them go develop waters" in regards to building somewhere else." one. Each and every time they John Larson, the one have met with much opposition homeowner who waited at the from the neighboring meeting to hear the t homeowners. commission's discussion, During their discussion suggested that none of these the P&Z commission addressed facilities should be allowed near such topics as density, residential areas. Mr. Larson - permitted locations, lot size, lives in the Ravenaux Place i i 1 1 1 NEWS CLIPPING Source: —' _ I I' I I Date: P&Z Action For April 1 In regular session Tuesday, the Durham Court cul-de-sac. April I. the P&Z commission Current Zoning: AG Agricul- took the following action (all tural and R PUD Residential votes are unanimous unless oth- Planned Unit Development.Re- erwise indicated): quested Zoning: SF-30 Single • Approved the Final Plat of Family Residential. right of way dedication of • Approved Amended Plat for Brumlow Ave. Size: 1.599 Myers Meadow. Size: 3.383 acres. Location:intersection of acres. Location: NE corner of Brumlow and E. Continental. Lovegrass Ln. and Water Lily Current Zoning: R PUD Resi- Dr. Current Zoning: R-PUD dential Planned Unit Develop- Residential Planned Unit Revel- ment. Owner/Applicant: opment. Westerra Timarron. • oning •Tabled to 4/17/97 the Concept Request.Tabled to Size: 29.514/17/97 a e acres. Plan of Telesupport East Cam- Location:Approx.560'south of pus. Size: 2.070 acres. Loca- 1709 at Crooked Ln. Current tion: 1901 E. Southlake Blvd., Zoning: AG Agricultural. Re- on the SE corner of Westwood quested Zoning:I-I Light Indus- and Southlake Blvd. Current trial. Zoning: C-I Neighborhood •Tabled to 4/17/97 a Rezoning Commercial District. Request. Size:8.55 acres. Lo- •Continued to 4/10/97 Zoning cation: 560' south of 1709 at Ordinance No.480-Y,establish- Crooked Ln. Current Zoning: ing regulations for Personal AG Agricultural. Requested Care facilities. Zoning:0-1 Office District. • Tabled to 4/I 7/97 the Rezon- •Tabled to 4/17/97 a Rezoning ing of 1966 E.Dove Rd. Size: and Concept Plan and Prelimi- .505 acres. Location:NE cor- nary Plat for Stonecrest Busi- ner of E.Dove and Royal Oaks ness Park. Size: 5.63 acres. Ct. Current Zoning: CS Com- Location: approx. 200' east of munity Service. Requested the 2400 block of Crooked Ln. Zoning:SF-20B Single Family Current Zoning: AG Agricul- Residential. tural. Requested Zoning: SP2 •Tabled to 4/17/97 the Rezon- Generalized Site Plan with lim- ing and Concept Plan of Tim- ited I-1 Light Industrial uses. ber Lake Estates. Size: 18.173 • Denied 5-1 a Site Plan for acres. Location: South side of Tetco Convenience Store. Size: 1709 at the intersection of .918 acres. Location: NE cor- Jellico Circle and 1709. Current ner of Peytonville at 1709. Cur- Zoning: AG Agricultural and rent Zoning: C-3 General CS Community Service. Re- Commercial. quested Zoning:SF-20A Single • Approved the Rezoning and Family Residential. Concept Plan for Southlake • Tabled to 4/17/97 a Specific Church ofChrist. Location:SW Use Permit for the sale of pack- corner of Brock at 1709. Cur- aged beer. Size: .934 acres. rent Zoning:SF-1 A Single fam- Location: NE corner of the in- ily Residential and CS tersection of Village Center Community Service. Requested Drive and 1709. Current Zon- Zoning: CS Community Ser- ing: C-3 General Commercial vice. District. The next regularly scheduled •Approved a Rezoning Request. P&Z meeting will be held Size:.773 acres. Location:E of Thursday, April 17 at 7pm at Timarron Addition, Brenwyck 667 N.Carroll Ave. Phase 2 and at the east end of NEWS CI-EPPENG Source: gaiji---J/1 1 A ,Iu [ Date: '' !'J' unc r� approves school, CISD says lights `� Councilmember David I necessary Harris asked Dr. Gillum if the school district would light the field regardless of what the The new 7-8-9 grade council decided. Dr. Gillum school the CISD is going to responded that they (CISD) build on N. White Chapel would have to investigate that passed the first reading by the through their attorneys. City Council at their April 1st Mr. Harris then asked ' meeting.But not without quite a that if their attorneys ruled they few citizens showing up to had a strong case to build them, voice their concerns over a because one government body number of aspects of the plan. cannot impede the operation of Most of the opposition another, they would? Dr. didn't seem to object to a Gillum answered, "that's school being located on the correct." property,but all objected to the Mr. Harris stating that intense uses planned for the 50 he wanted to get clear what the acre site. Traffic congestion, council could and couldn't do in lowered property values, loss of this matter asked Wayne Olsen privacy and rural atmosphere, the city's legal council for his , noise, safety, and the stadium opinion.Mr.Olsen said that the lights were the most frequently school district has total control raised concerns. Of all these, over what it puts on its school the lights on the stadium sites and where those sites are seemed to worry the neighbors to be located. They are the most. empowered by the State of Hal Otterson, an area Texas and in a court of law their resident,said,"We do welcome powers preempt those of the the school, but they are a new.. city."If they can prove that the neighbor moving into our lights are necessary then they neighborhood. To be a good can have them," he said. "And neighbor they need to see what See"School"page 2 1 they can do to avoid lighting the football field." I Dr. Ted Gillum, superintendent of the CISD, who was on hand to represent the school'district iniAtei'mMtte?' said that they did not feel they could operate the facility to the full benefit of the students without the stadium lights. "In the four years the school will -- operate as a 7-8-9 facility we will have as many as 8 football teams playing games on this field," he said. "Between football, soccer and track we should only need to use the lights between 20 and 30 times School from page 1 a Highland Ave. co o from what I've seen on their 0 Proposed new road site plan they can build them on .6• - this site." a As the parade of N o Ascot Dr. citizens marched to the podium •.2 ' Z s to voice their opposition Mr. c�li , Harris reiterated that the powers a New school site v j of the council were very limited -G in this matter and that much of (D p what ' the people were AN ? complaining about the council 0 could do nothing to alleviate Chapel Downs Dr. 0 Mayor Rick Stacy added that in his opinion nothing impacted a Map not to scale J neighborhood more than a . school."I wouldn't want to live + - - I next to it and I sympathize with •••"""Proposed Road�y,,�� '7,.� — those ofyou who do, but the i —'"'` """ -• — Ifldll�yl�49F a..g. _ ,� :t i� City Council can approve this a� — Luo=°"'"'°o°°N°°°` ' „ tlr school without stadium lights i Y 'fl _ : q I ,1 It „' 1S1: and they can light it anyway if , ` Gi w e — 1 —'-�� , `"..-Ai hey want to." • 0. t d . -. U I •., - Someone from the 't r _" — ' l/' ,�/ '12 ; :roved asked that if that was the i;- ��,i-/ e � q :ill :ase why were they going M I l �tyr �hrough this process? Softball ,, Jr� ��\ d City Manager Curtis '•l'0 ., . School �i li Hawk said that the school --ter'= "� -�, _�/ �/ ,' g j _' -.y! I district had to work within the °— �, �� ®� / , city's development regulations 1. 1° - /ee 4 — / — r 11 and comply with them to the �: __ _ extent that they could, and that 1\Qt\Baseball ") _' J e g ; \ -'"cg-i, -nurnan" aanutana J f: hey were hearing the concerns a ;.. ^^ bythe neighbors 'u''''u!' uuiuuu"uur-uuuuuuuuu• t, aeing aired g — - and could take them into "'--—— sfyY!'5"1"" — `—J s; consideration. raised at the meetingthe one the what impact it would have on l` "People seem to believe P we can tell the school district city could do something about the homeowners to the north." what it can and cannot do,when was traffic. The road proposed School Board president that's not true,"said Mr.Harris. along the north property line of Buddy Luce added. "We've Councilmember Gary the school's site would help do been working with the city on Fawks said that of all the issues that according to Mr. Fawks. "I this for two and one half can see where this road would months, we're all just trying to be beneficial, but I want to see do the right thing." 11111 TEXAS ASSOCIATION OF REALTORS® COMMERCIAL UNIMPROVED PROPERTY EARNEST MONEY CONTRACT THIS FORM IS FURNISHED BY THE TEXAS ASSOCIATION OF REALTORSX FOR USE BY ITS MEMBERS. USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSX IS NOT AUTHORIZED CTeias:Association of REALTORS1`s,Inc..1995 1. PARTIES: City of Southlake _ (Seller) agrees to sell and convey to Georgetown Monticello Partners, Ltd. (Buyer) and Buyer agrees to buy from Seller the Property described below. 2. PROPERTY: The real property situated in Tarrant County. Texas, aescribed as follows or as described on attached exhibit: Being Approximately 1.222 Acres as shown on attached exhibit "A" together with all rights, privileges and appurtenances pertaining thereto, including any right. title, and interest of Seller in and to adjacent streets, alleys, and rights-of-way. The property sold by this contract is called the 'Property". The metes and bounds description determined by the survey of the Property under paragraph 6(b) shall replace any exhibit describing the perimeter boundaries of the Property if it differs from the exhibit. NOTICE: Any property to be excluded from the sale should be described in paragraph 11. 3. SALES PRICE: (a) Cash portion of Sales Price payable by Buyer S 32,000.00 (b) Sum of all financing described in paragraph 4 S (c) Sales Price[sum of(a)and(b)] S 32,000.00 The Sales Price ❑ is El is not to be adjusted based upon a survey. (Note: If the Sales Price is not to be adjusted based on a survey, disregard the remainder of this paragraph). If the Sales Price is to be adjusted based upon a survey, the Sales Price shall be calculated on the basis of $ per ❑ acre ❑ square foot of ❑ total area ❑ net area. "Net area" is defined as the total area of the Property exclusive of any portion of the property lying in: ❑ any public roadway; ❑ any right of way or easement, except rights of way and easements providing utility services to the Property; and If the survey results in an adjustment of more than 10% of the Sales Price in 3(c), either party may terminate this contract by written notice to the other party within days after the terminating party receives the survey. If neither party so terminates this contract or if the variance is 10% or less, the adjustment to the Sales Price shall be made: ❑ in the cash portion payable by Buyer: ❑ proportionately between the cash payable and any promissory notes executed at closing. 4. FINANCING: The portion of the Sales Price not payable in cash shall be paid as follows: ❑ (a) ASSUMPTION: Buyer shall assume the unpaid principal balance of a first lien promissory note payable to dated , which balance at closing will be S Buyer's initial payment shall be the first payment due after closing. Buyer's assumption of the existing note includes all obligations imposed by the deed of trust securing the note, recorded in Vol. (TAR-031) 1-1-96 Page 1 of8 51 - . Commercial Unimproved Earnest Money Contract concerning 1.222 1cres,Southlake,Tx. Page in the real property records of the county where the Property is located. If the unpaid principal balance of the assumed loan as of the Closing Date varies from the loan balance stated above. the cash payable at closing shall be adjusted by the net amount of any variance: provided, if the total principal balance of all assumed loans varies in amount greater than S at closing, either party may terminate this contract and the Earnest Money shall be refunded to Buyer unless either party elects to eliminate the excess in the variance by an appropriate adjustment at closing. Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer if the note holder on assumption requires: (i) Buyer to pay an assumption fee in excess of S ,and Seller declines to pay such excess: (ii) an increase in the interest rate to more than °o: or (iii) any other modification of the loan documents. A vendor's lien and deed of trust to secure assumption shall be required, which shall automatically be released on execution and delivery of a release by the note holder. If Seller is released of liability on any assumed note. the vendor's lien and deed of trust to secure assumption shall not be required. If assumption approval is required by the note holder, Buyer shall apply for assumption approval within days after the Effective Date of this contract and shall make every reasonable effort to obtain assumption approval. Assumption approval shall be deemed to have been obtained when the lender has determined that Buyer has satisfied all of lender's financial conditions (those items relating to Buyer's ability to qualify for assumption). If assumption approval is not obtained within days after the Effective Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer. - ❑ (b) THIRD PARTY FINANCING:Buyer shall apply for a third party first lien note of payable at ❑ monthly ❑ quarterly ❑ intervals for net less than years with the initial interest rate not to exceed % per annum. Within days after the Effective Date of this contract Buyer shall apply for all third party financing and shall make every reasonable effort to obtain financing approval. Financing approval shall be deemed to have been obtained when the lender has determined that Buyer has satisfied all of lender's financial conditions (those items relating to Buyer's ability to qualify for approval of a loan). If financing approval is not obtained within days after the Effective Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer. Each note to be executed hereunder shall be secured by vendor's and deed of trust liens. (c) SELLER FINANCING: At closing, Buyer shall execute and deliver a promissory note (the Note) from Buyer to Seller of S bearing % interest per annum and interest at the maximum rate of interest, but not to exceed the maximum rate of interest, per annum allowed by law on matured, unpaid amounts. The Note shall be secured by vendor's and deed of trust liens and an assignment of leases payable at the place designated by Seller. The Note ❑ shall ❑ shall not provide for liability (personal or corporate) against the maker in the event of default. The Note shall be payable as follows: ❑ (I) In one payment due after the date of the Note with interest payable ❑ monthly ❑ quarterly ❑ annually ❑ ❑ (2) In ❑ monthly ❑ quarterly ❑ annual ❑ installments of $ ❑ including interest ❑ plus interest beginning after the date of the Note and continuing at ❑ monthly ❑ quarterly ❑ annual ❑ intervals thereafter for when the entire balance of the Note shall be due and payable. 0 (3) Interest only in ❑ monthly ❑ quarterly ❑ annual ❑ installments for the first year(s) and thereafter in installments of S ❑ including interest .❑ plus interest beginning after the date of the Note and continuing at ❑ monthly ❑ quarterly ❑ annual ❑ intervals thereafter for when the entire balance of the Note shall be due and payable. Unless the parties agree otherwise, the most recent forms prepared by the State Bar of Texas shall be used for the Note and deed of trust required by this paragraph 4(c). The Note may be prepaid in whole or in part at any time without penalty. Any prepayments are to be applied to the payment of the installments of principal last maturing and interest shall be immediately cease on the prepaid principal. (TAR-031) I-1-96 Page 2 of 8 Commercial unimproved Earnest Money Contract concerning 1.222 Acres,Southlake.Tx. The lien securing payment of the Note will be inferior to any lien securing any superior note described in this contract. If an Owner Policy of Title Insurance is furnished, Buyer. at Buyer's expense, shall furnish Seller with a Mortgagee Title Policy in the amount of the Note at closing. If all or any part of the Property is sold or conveyed without prior written consent of the Seller, then the Seller at Seller's option may declare the outstanding principal balance of the Note, plus accrued interest, to be immediately due and payable. The creation of a subordinate lien, any sale thereunder, any deed under threat or order of condemnation, any conveyance solely between the parties, the passage of title by reason of death of a maker or by operation of law shall not be construed as a sale or conveyance of the Property. In addition to the principal and interest installments, Buyer ❑ shall ❑ shall not deposit with Seller a pro rata part of the estimated annual ad valorem taxes on the Property. If Buyer deposits taxes with Seller, Buyer agrees that the tax deposits are only estimates and may be insufficient to pay total taxes, and Buyer agrees to pay any deficiency within 30 days after notice from Seller. If Buyer deposits taxes with Seller. Buyer's failure to pay the deficiency shall constitute a default under the deed of trust. If any superior lien holder on the Property is collecting escrow payments for taxes, any requirement to deposit taxes with Seller shall be inoperative so long as payments are being made to the superior lien holder. Any act or occurrence which would constitute default under the terms of any lien superior to the lien securing the Note shall constitute a default under the deed of trust securing the Note. The Note shall include a provision for reasonable attomey's fees if the Note is placed in the hands of an attorney for collection. • ❑ (d) CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: Within days after the Effective Date of this contract, Buyer shall deliver to Seller: ❑ credit report; ❑ verification of employment, including salary; ❑ verification of funds on deposit in financial institutions; ❑ current financial statement; and ❑ to establish Buyer's creditworthiness for assumption approval or seller financing. If Buyer's documentation is not delivered within the specified time, this contract shall terminate and the Earnest Money shall be refunded to Buyer. If Buyer's documentation is timely delivered, and Seller determines in Seller's sole discretion that Buyer's credit is unacceptable. Seller may terminate this contract by written notice to Buyer within days after expiration of the time for delivery and the Earnest Money shall be refunded to Buyer. If Seller does not so terminate this contract within the time specified, Seller shall be deemed to have accepted Buyer's credit. 5. EARNEST MONEY: Buyer shall deposit S 1,000.00 as Earnest Money with Fidelity National Title Company 817-329-9010 (Escrow Agent) at 1725 E. Southlake Blvd,Southlake,Texas 76092 (Address) on the Effective Date of this contract. The Earnest Money shall be deposited in an ❑ interest El non-interest bearing account in a federally insured financial institution chosen by Escrow Agent and any interest shall be credited to Buyer. If Buyer fails to deposit the Earnest Money as required by this contract, Buyer shall be in default. 6. TITLE POLICY AND SURVEY: (a) TITLE POLICY: Seller shall furnish to Buyer at Seller's expense an Owner Policy of Title Insurance (the Title Policy) issued by Fidelity National Title Co. (the Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject only to those title exceptions permitted by this contract, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the promulgated form of Title Policy; provided however that: (1) the exception as to area and boundaries El shall ❑ shall not be deleted except for any shortages in area at the expense of $1 Buyer ❑ Seller; and (2) the exception as to restrictive covenants shall be endorsed "None of Record", unless restrictions are approved by Buyer. Within 15 days after the Title Company receives a copy of this contract Seller shall furnish Buyer a commitment for Title Insurance (the Commitment) including copies of recorded documents evidencing title exceptions. Seller authorizes the Title Company to deliver the Commitment and related documents to Buyer at Buyer's address. Buyer shall have 15 days after receipt of the Commitment and legible copies of documents evidencing title exceptions required by this contract to object in writing to matters disclosed in the Commitment other than the standard printed exceptions as described or limited in this paragraph. (TAP-031) I-1-96 Page 3 of8 •Commercial Unimproved Earnest Toney Contract concerning 1.222 Acres, Southlake,Tx. • (b) SURVEY REQUIRED: (Check(I) or(2)only) 23 (1) Within 15 days after: ® Effective Date of this contract: ❑ the date by which Buyer is required to complete inspections, studies or assessments in paragraph 7(b); (check(i) or(ii) only) (i) Buyer may obtain a survey of the Property at Buyer's expense. ❑ (ii) Seller, at Seller's expense, shall furnish to Buyer a survey of the Property dated after the Effective Date of this contract. Buyer may, within 15 days after Buyers receipt of the survey object in writing to any matter which constitutes a defect or encumbrance to title on the survey or if the survey shows any part of the Property to lie in a 100-year floodplain area. ❑ (2) Within days after the Effective Date of this contract. Seller shall furnish Buyer a true and correct copy of Seller's existing survey of the Property dated . The survey [check (i) or (ii)]: (i) ❑ shall be recertified no earlier than at the expense of ❑ Buyer ❑ Seller, (ii) ❑ shall not be recertified. Within days after Buyer receives a copy of the survey or aRer Buyer receives a copy of the recertified survey, whichever is later, Buyer may object in writing to any matter shown on the survey which constitutes a defect or encumbrance to title or if the survey shows any part of the Property to lie in a 100-year floodplain area. The survey required by this paragraph 6(b) shall be made by a Registered Professional Land Surveyor acceptable to the title company and any lender. The survey shall: (i) identify the Property by metes and bounds or platted lot description; (ii) show that the survey was made and staked on the ground with corners permanently marked; (iii) set forth the dimensions and total area of the property, (iv) show the location of all improvements, highways. streets, roads, railroads, rivers, creeks, or other waterways, fences, easements. and rights of way on the Property with all easements and rights of way referenced to their recording information; (v) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying within the 100 year floodplain as shown on the current Federal Emergency Management Agency map; and(vi)contain the surveyor's certificate that the survey is true and correct. Buyer's failure to object under paragraph 6(a) or 6(b) within the time allowed shall constitute a waiver of Buyer's right to object except that the requirements in Schedule C of the Commitment shall not be deemed to have been waived. If objections are made by Buyer, or any third party lender. Seller shall cure the objections within 20 days after the date Seller receives them. The Closing Date shall be extended as necessary to cure objections. If objections are not cured by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer unless Buyer elects to waive the objections. 7. PROPERTY CONDITION/FEASIBILITY STUDIES: (Check(a) or(b) only) ❑ (a) PRESENT CONDITION: Buyer accepts the Property in its present"as-is"condition. • (b) INSPECTIONS AND FEASIBILITY STUDIES: Within 30 days after the Effective Date of this contract Buyer, at Buyer's expense, may complete or cause to be completed inspections of the Property (including any improvements) by inspectors of Buyer's choice. Inspections may include but are not limited to: (i) physical property inspections; (ii) economic feasibility studies: and (iii) any type of environmental assessment or engineering study including the performance of tests such as soils tests or air sampling. Seller shall permit Buyer and Buyer's inspectors access to the Property at reasonable times. If Buyer determines, in Buyer's sole judgment, that the Property is not suitable for any reason for Buyer's intended use or is not in satisfactory condition, then Buyer may terminate this contract by providing written notice of termination and copies of all reports of inspections, studies, or assessments completed or caused to be completed by Buyer under this paragraph to Seiler within the time required to complete the inspections, studies. or assessments under this paragraph, and the Earnest Money shall be refunded to Buyer less the sum of S 100.00 to be retained by Seller as independent consideration for Buyer's right to terminate under this paragraph. If Buyer does not terminate this contract within the time required any objections with respect to the inspections, studies, and assessments under this paragraph shall be deemed waived by Buyer. If this contract does not close through no fault of Seller, Buyer shall restore the Property to its original condition if altered due to (TAR-031) 1-1-o6 Page 4 of 8 _Commercial Unimproved Earnest Money Contract concerning 1.222 Acres,Southlake,Tt. inspections, studies. or assessments completed by Buyer or Buyer's inspectors. Within 15 days after the Effective Date of this contract Seller shall deliver to Buyer(strike any not to be delivered): (1) copies of all notes and deeds of trust assumed or taken subject to by Buyer. (2) copies of all leases pertaining to the Property, including any modifications, supplements, or amendments to the leases: (3) copies of all previous environmental assessments, studies, or analyses affecting the Property in Seiler's possession. 8. BROKER'S REPRESENTATION AND FEES: N/A (Listing Broker): ❑ represents Seller only; ❑ acts as intermediary between Seller and Buyer. Any other broker represents: ❑ Seller as Listing Broker's Subagent; ❑ Buyer only. Seller shall pay Listing Broker (choose only one): ❑ (a) the fee specified by separate agreement between Listing Broker and Seller. ❑ (b) a total cash fee of either S 0.00 or 0 . % of the total Sales Price in County, Texas on closing of this sale, which Escrow Agent shall pay from Seller's proceeds of the sale. If Seller defaults, the cash fee shall be due and payable in full. If Buyer defaults, Escrow Agent is authorized to pay Listing Broker one-half of any Earnest Money Seller receives under this contract not to exceed the amount of the cash fee. 9. CLOSING: (a) The closing of the sale shall be on or before 19 June 1997 or within 7 days after objections to title or the survey have been cured, whichever date is later (the Closing Date); however, if financing or assumption approval has been obtained pursuant to paragraph 4, the Closing Date shall be extended up to 15 days only if necessary to comply with lender's closing instructions (for example, survey and closing documents). If either party fails to close this sale by the Closing Date, the non-defaulting party shall be entitled to exercise the remedies contained in paragraph 15. (b) At closing Seller shail furnish,at Seller's expense(strike any not to be furnished): (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property duly executed by Seller; (3) a ® General ❑ Special Warranty Deed conveying good and indefeasible title to the Property showing no additional exceptions to those permitted in paragraph 6;and (4) evidence that the person executing this contract is legally capable and authorized to bind Seller. 10. POSSESSION: Seller shall deliver possession of the Property to Buyer on Closing and Funding in its present condition. Any possession by Buyer prior to closing or Seller after closing that is not authorized by a separate written lease agreement, shall establish a landlord-tenant at sufferance relationship between the parties. 11. SPECIAL PROVISIONS: Seller Conveys the Subject Property to Buyer"As Is" with No Warrant Express or Implied. (TAR-0311 1-1-96 Page 5 of 8 commercial Unimproved Earnest Money Contract concerning 1.222 Acres,Southlake,Tx. 12. SALES EXPENSES: To be paid in cash at or prior to closing: (a) Seller's Expenses: Releases of existing liens, including prepayment penalties and recording fees: release of Seller's loan liability; tax statements or certificates; preparation of deed: one-half of escrow fee; and other expenses stipulated to be paid by Seller under other provisions of this contract. (b) Buyer's Expenses: All loan fees or expenses (e.g.. fees for application, origination, discount, appraisal. assumption, recording, tax service, mortgagee title policies, credit reports, document preparation and the like); preparation and recording of deed of trust to secure assumption; required premiums for insurance; interest on all periodic installment payment notes from date of disbursements to one payment period prior to dates of first periodic payments; one-half of escrow fee; fees for copies and delivery of title commitment and related documents; and other expenses stipulated to be paid by Buyer under other provisions of this contract. (c) If any sales expense exceeds the amount stated in this contract to be paid by either party, either party may terminate this contract unless either party agrees to pay such excess. 13. PRORATIONS AND ROLLBACK TAXES: (a) Interest on any assumed loan, current taxes, and any rents shall be prorated through the Closing Date. If the amount of the ad valorem taxes for the year in which the sale is closed is not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year. If Buyer is assuming payment of or taking subject to any existing loan on the Property, all reserve deposits for the payment of taxes and other charges, shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserved deposits at closing. (b) If this sale or use of the Property after closing results in the assessment of additional taxes for periods prior to closing, the additional taxes shall be the obligation of Buyer ❑ Seller. Obligations imposed by this paragraph shall survive closing. (c) Seller shall, at closing, tender to Buyer any security deposits, prepaid expenses, and advanced rental payments paid by any and all tenants. 4. CONDEMNATION: If prior to closing condemnation proceedings are commenced against any portion of the Property, Buyer may: (a) terminate this contract by written notice to Seller within 5 days after Buyer is advised of the condemnation proceeding and the Earnest Money shall be refunded to Buyer, or (b) appear and defend in the condemnation proceeding and any award in condemnation shall, at Buyer's election. become the property of Seller and the sales price shall be reduced by the same amount or shall become the property of Buyer and the sales price shall not be reduced. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer shall be in default. Seller may either enforce specific performance, seek other relief as may be provided by law, or both; or terminate this contract and receive the Earnest Money as liquidated damages, thereby releasing the parties from this contract. If Seller is unable without fault to deliver the Commitment within the time allowed, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for performance up to 15 days and the Closing Date shall be extended as necessary. If Seller fails to comply with this contract for any other reason, Seller shall be in default and Buyer may either enforce specific performance, seek such other relief as may be provided by law, or both; or terminate this contract and receive the Earnest Money, thereby releasing the parties from this contract. 16. ATTORNEY FEES: If, Buyer, Seller, Listing Broker, Other Broker, or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party shall be entitled to recover from the non-prevailing parties all costs of such proceeding and reasonable attorney fees. The provisions of this paragraph shall survive closing. 17. ESCROW: If either party makes demand for the payment of the Earnest Money, Escrow Agent has the right to require from all parties and brokers a written release of liability of Escrow Agent for disbursement of the Earnest Money. Any refund or disbursement of Earnest Money under this contract shall be reduced by the amount of unpaid expenses incurred on behalf of the party receiving the Earnest Money, and Escrow agent shall pay the same to the creditors entitled thereto. At closing, the Earnest Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Demands and notices required by this paragraph shall be in writing and delivered by hand delivery or by certified mail. return receipt requested. Page 6 of 8 ITAR-031) 1-I-96 g ,Commercial Unimproved Earnest Money Contract concerning 1.222 Acres,Southlake,Tx. 18. MATERIAL FACTS: (a) Seller shall convey the Property on closing: (i) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the Sales Price unless securing payment of any loans assumed by Buyer: (ii) without any assumed loans in default: and (iii) with no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases delivered to Buyer pursuant to this contract. (b) To the best of Seller's knowledge and belief(choose II) or(ii)only): ❑ (i) Seller is not aware of any material defects to the Property except as stated in the attached Property Condition Statement. ® (ii) Seller is not aware of any environmental hazards or conditions affecting the Property which would violate any federal, state or local statutes, regulations, ordinances or other requirements and more specifically, but without limitation, whether: (1) the Property is or has ever been used for the storage or disposal of hazardous substances or materials or toxic waste, a dump site or landfill, or the housing of any underground tanks or drums; (2) any geological faults (surface or subsurface) lie on the Property; (3) wetlands, as defined by federal or state law or regulation are on the Property; and (4) threatened or endangered species or their habitat, as defined by the Texas Parks and Wildlife Department or the U.S. Fish and Wildlife Service, are on the property, except as foiiows: None Known 19. NOTICES: All notices shall be in writing and effective when hand-delivered, mailed by certified mail return receipt requested,or sent by facsimile transmission to: Buyer at Georgetown Monticello Partners, Ltd Seller at City of Southlake 210 Park Blvd,Ste 100 667 N.Carroll Grapevine,Texas 76051 Southlake,Texas 76092 Phone 817-577-8880 Phone 817-481-5581 Fax 817-488-5257 Fax 817-488-6796 20. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person". as defined by applicable law, or if Seller fails to deliver an affidavit that Seller is not a "foreign person", then Buyer shall withhold from the sales proceeds at closing an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service, together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if cash in excess of specified amounts is received in the transaction. 21. .II1SPI j RESOLUTION. Rrt parr .a ayrcc tv uTcgcnraiz nY mid related to this contract to can negotiation, the dispute shall be submitted to mediation bef to arbitration or t ig ' le mediator fie parties to the dispute whn chall chary the rnct nfmMiatinn cervirec erlually 22. AGREEMENT OF THE PARTIES: This contract shall be binding on the parties, their heirs, executors, representatives, successors, and assigns. This contract shall be construed under and in accordance with laws of the State of Texas. This contract contains the entire agreement of the parties and cannot be changed except by written agreement. If this contract is executed in a number of identical counterparts, each counterpart is deemed an original and all counterparts shall, collectively, constitute one agreement. Buyer Cl may ® may not assign this contract. If Buyer assigns this contract Buyer shall be relieved of any future liability under this contract only if the assignee assumes in writing all obligations and liability of Buyer under this contract. Addenda which are part of this contract are: 23. TIME:Time is of the essence in this contract. Strict compliance with the times for performance stated in this contract is required. 24. EFFECTIVE DATE: The Effective Date of this contract for the purpose of performance of all obligations shall be the date this contract is receipted by the Escrow Agent after all parties have executed this contract. (TAR-031) 1-1-96 Page 7 of 8 Commercial Unimproved Earnest Money Contract concerning 1.222 Acres,Southlake,Tt. 25. MISCELLANEOUS: (a) Buyer should have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. (b) If the Property is situated in utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 50 of the Texas Water Code requires Seller to deliver and the Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (c) If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, Section 33.135 of the Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. (d) Buyer should not rely upon any oral representations about the Property from any source. Seller and any broker have no knowledge of any defects in the Property other than what has been disclosed in this contract or other writing. (e) Brokers are not qualified to render property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to render such services. Selection • of inspectors and repairmen is the responsibility of the Buyer and not the Broker. 26. CONTRACT AS OFFER:The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless accepted by the other party by 5:00 p.m. (in the time zone in which the Property is located)on 9 May 1997 ,the offer shall lapse and be null and void. This is intended to be a legally binding contract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS DOCUMENT OR TRANSACTION. CONSULT YOUR ATTORNEY BEFORE SIGNING. Buyer's Seller's kttorney Attorney Buyer Georgetown Monticello Partners,Ltd. Seller City of Southlake Buyer Seller AGREEMENT BETWEEN BROKERS Listing Broker agrees to pay N/A , Other Broker, a fee of $ or % of the Sales Price when the Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between Brokers. N/A N/A Other Broker License No. Listing Broker License No. By: By: Other Broker's Address Phone No. Listing Broker's Address Phone No. RECEIPT On this day, , Escrow Agent acknowledges receipt of: (a) ❑ Contract; and (b) ❑ Earnest Money in the form of • Escrow Agent By: Address: 1725 E. Southlake Blvd Southlake,Tx. 76092 Phone: 817-329-9010 (TAR-031) 1-1-96 Page 8 of 8 EXHIBIT "A" Part of the T . Easter Survey , Abstract No . 474 , situated about 17 miles north 46 degrees east from the courthouse in Tarrant County , Texas ; and embracing a portion of the 7 - 10/ 100 acres tract described in the deed to R . G . Lyford recorded in volume 2202 , page 473 of the Tarrant County Deed Records . Beginning at a 3/4 " pipe for the northeast corner of said 7 - 10/ 100 acres tract from which the northwest corner of said Easter Survey bears by deed call north 72 degrees-30 minutes west 611 -64/100 feet ; south 3 degrees-27 minutes west 30-8/10 feet and north 89 degrees-26 minutes west 110-6/10 feet . Thence south , along the east line of said 7 - 10/100 acres tract , 859 feet to a 3/4" pipe for the southeast corner of said 7-10/ 100 acres tract . Thence south 89 degrees-36 minutes west , along the south line of said 7-10/100 acres tract 200 feet to a 5/8" iron . Thence north 200 feet to a 5/8" iron . Thence north 89 degrees-36 minutes east 180 feet to a 5/8" iron . ence north 665-53/100 feet to a 5/8" iron in the north line of .id 7-10/100 acres tract in the south line of Grapevine-Keller Road . Thence south 72 degrees- 17 minutes-24 seconds east , along the said north line of 7-10/100 acres tract and said south line of Road , 21 feet to the place of beginning and containing 1 -222/1000 acres . • ai r. ... ra. e _ �.see t 1j` CjQ✓3� `\\, �` CR ,.t.. `"-s E 7:ti E -4- 3347 6- 31 (6 R ti car .sue • ''' a.r li • t . - FIRST rzi r - /5 v Aeee.. .. ... 1 - - - - -- fa Z...,s ,w 7-,,44.4% r,` . . . - Y./awe 2o3 9,P5c JS2ti 6-4— 4 • ?�,5. m 5 88' Acres _- • o n Y.✓aw a J73e fbyc #7 .- .�4fi;. a • 0 • .. ' 0 ,-,f • •CO . o 10 0 s 0 0 . In I to .P a. Ly4e.s -in o ✓oimeme 2Zo2 P)e 073 3 0 .0 c 0 0z o 0 0 :.1b L R.Po//D.e/ T.r' Limp., . Wolff 2323 R. 5o, - ' Tr-) - . . ' ;1 a"-� io A,4 3hon/r/,n `9ia'n.L= a.�.�-k,� , . . N 89'36'QO'E 0_ V./ 2.794 oj. e6 — — - - - ¢fi. 0 i80.00 — - • s• w 0 00 . o 0 oN 222 Acres tlI • crt' z �.+� ,r'r t _ r 13e.6 j il' 2OO O0 4 s 89'it'OO"W 338.80 A Q' — — Sketch showing part of, the T . EASTER SURVEY, Abstract No . 4714. situated about 17 miles N46E from the court— house in Tarrant County. Texas . We marked the corners as shown hereon . The visible conditions along the tract NOTE: Improvements not shown. lines are as shown hereon . Surveyed February, 1985 . BROOKES BAKER SURVEYORS oT m m Q 0� 0 > - W o J ,•1 O.r-, (t) ' N y_ W : j� W Q t^ W CO9 i u. sn•: o z 0.,__ w O = J 0I - Oar I i 0 0-- >_ • +J C O CC O CO W I Q) L F- 4-) L +, U) LI L Q) < Q) 7 L Q) W +I O L (o U (f) C +- - • 7 (a 3 .,-4 L Q) .0 C (/) Q) CO +) F- U) O • CC r4 C 0 W E U) (0 O • >- o _ .D ' 0 >+ (o Cl.) in W •0 0' o Lo N- N L +0 U) L CO > i ,a a o O V w- C U) C Q) Cn CC rn m o m L O L U) I m �I � O W Q) z L Z (D C-) C -4 C _ Z 0 CO 1 L _� 3 >+ CC 00'002 •. a . Z +, O D O Liu ,f 3.00.00.00 N U C 0 C L (0 Y - O) (0 U) (0 O U) 7 Q ' q, m C L Q) L Q) U L CO ,y u, •,-4 4J rl L -C U) 0 o .0 E F- ,- U- W L Q in ID Q) Y v :. CO N C Q) ',II L O 0 - •r+ Y U) (0 Q) 0 L } L .,..' >+ CE O W +-) Q) (o > U) Q) co ! .- > 7 U) E Q) > Q) CC 0 7 Q) C L I Y O Q) L •r+ 7 (I) U) (0 L 3 F- r+ U) '4 . A'.: < 0 :lb' _ it • c Al. ••'•JAI c c i c ! "....o E 0 o L o I . E W 1- 0 z 1 City of South lake,Texas MEMORANDUM May 2,1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to Execute a Contract for Sanitary Sewer Improvements in N. Peytonville Ave. to Construct a Six Inch Sanitary Sewer Line from East of Myers Meadow to Approximately 300 ft. to the East of Ten Bar Trail GENERAL INFORMATION Previous City Council authorized and current City Council approved funding to extend a six-inch sanitary sewer line to existing and proposed homes along North Peytonville Ave. The original plans were to extend the line only to Ten Bar Trail, but it has been determined that the line can be extended further, approximately 300 ft. past Ten Bar Trail, nearly doubling the original length of the line. This additional sewer line will allow us to provide sewer service to several additional houses than what was originally anticipated. Bids for this project were advertised on March 30 and April 6, 1997. The bids were publicly opened and read aloud in Council Chambers on April 17, 1997. BID TABULATION The attached bid tabulation was prepared by Cheatham and Associates. SPECIAL CONSIDERATIONS Because the line is being extended another 300 ft. (approximately) additional funds will be allocated for it. It is proposed that additional funding be drawn from the Utility Fund in order to cover the cost of the additional length of the line. FUNDING/FISCAL IMPACT The project has been budgeted $20,000.00, additional funding will be drawn from the Utility Fund. 5C-1 CURTIS E. HAWK SANITARY SEWER EXTENSION MAY 2, 1997 PAGE 2 (hripe' RECOMMENDATION Staff recommends that the City Council authorize the Mayor to execute a contract with low bidder, Mid-State Utilities, located in Waco, Texas, for the amount of $42,893.00 to construct a six-inch Sanitary Sewer Line from East of Myers Meadow to approximately 300 ft. to the East of Ten Bar Trail. Please place this on the May 6, 1997 Regular City Council Agenda for City Council review and consideration. CRE/cre Attachments: Cheatham and Associates Letter dated April 29, 1997 Bid tabulation sheet L • • 5C-2 CHEATHAM AND ASSOCIATES RECEIVED April 29, 1997 APR 2 9 1997 DEPT.OF PUBLIC WORKS Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: City of Southlake Sanitary Sewer System Improvements in North Peytonville Avenue Project No. 001-440 Dear Mr. Whitehead: Bids for the above referenced project were received on April 17, 1997. The low bidder on this project is Mid-State Utilities, Inc., P.O. Box 1160, Waco, Texas 76703. We have checked the proposal and are familiar with this firm. Therefore, we recommend this contract be awarded to Mid-State Utilities, Inc. Their bid is for an amount of$42,893.00. Enclosed is a bid tabulation for your reference. Respectfully, Eddie Cheatham, P.E. F:\WORD\SOUT[LAK\440\award.bid.wpd Enclosure: Bid Tabulation • cc: File Mid-State Utilities, Inc. 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Southlake Blvd. at Pearson Lane) to Construct the Intruder Resistance Fence GENERAL INFORMATION As part of the continuation of the approved construction of the Water Ground Storage Tank and Booster Pump Station No. 1, located at W. Southlake Blvd. and Pearson Lane, bids have been accepted for the construction of an "Intruder Resistant Fence" around the property. An "Intruder Resistant Fence" is a state term and requirement that must be met. The options are an eight-foot fence without barbed wire or a shorter fence- i.e., a six-foot fence with barbed wire. This bid is for an eight-foot tall brick/concrete/wrought-iron fence. Construction of the water tank is scheduled to be completed and in service on July 4, 1997. Construction of the roof is underway and the tank should be ready for sandblasting and painting within the next month, weather permitting. Advertisement was published on April 12 and April 19, 1997. Bids were publicly opened and read aloud on April 30, 1997. BID TABULATION See attached bid tabulations prepared by Cheatham and Associates. SPECIAL CONSIDERATIONS Only one bid was received for this project. Staff has conferred with the City Attorney to ensure that acceptance of a single bid is allowable according to state guidelines. FUNDING/FISCAL IMPACT After the last contract for the SCADA System equipment, $143,358.75 remained in the budget for the Ground Water Tank project. The table below breaks down how funds have been used, current fund balance, and the proposed bid. 5D-1 CURTIS E. HAWK INTRUDER RESISTANT FENCE MAY 2, 1997 PAGE 2 Cr' Starting Balance $2,881,000.00 Contract I Ground Water Tank 746,680.00 Contract IA Change Order No. 1 184,220.00 Contract II Pumps, Pump Station No. 1 1,498,500.00 Contract III Off-Site Utility Lines 283,438.25 Contract IV SCADA Equipment 24,803.00 Sub-Total $2,737,641.25 Remaining Balance $143,358.75 "Intruder Resistant Fence" Bid Proposal $161,505.00 As you can see the bid proposal is in excess of the available remaining budget balance. We have discussed this with Lou Ann Heath, Director of Finance, and the amount of interest received from this account will offset the overage over the life of the account. STAFF RECOMMENDATION Staff recommends that the City Council award the bid to low bidder Superior Concrete Fence of Texas in the amount of $161,505.00. Please place this on the May 6, 1997 Regular City Council Agenda for City Council review and consideration. L CRE/cre Attachments: Cheatham and Associates Letter dated April 30, 1997 Bid tabulation sheet L SD_2 CHEATHAM AND ASSOCIATES ,;.., April 30, 1997 RECEIVED Mr. Robert Whitehead APR 3 0 1997 Director of Public Works DEPT.OF PUBLIC WORKS City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Water System Improvements Intruder Resistant Fence Booster Pump Station No. 1 Public Bidding 4/30/97, 10:00 A.M. Recommendation of Award . Engineer's Project No.001-518 f; Dear Mr. Whitehead: We recommend that the City of Southlake award the construction contract for the Intruder Resistant Fence, Booster Pump Station No. 1,to Superior Concrete Fence of Texas for their alternate low bid of$161,505.00 Their base bid on this project was for$172,648.50. Our estimate for this project was$169,800.00 for the base bid and$141,873.00 fo r the alternate bid. Only one bid was received by the City on this project. However,the project was publicly advertised in a newspaper,with supplemental advertisements in three additional construction trade journals, utilized by contractors and public bodies for construction bidding notices. Additionally, we mailed and faxed forty four(44) invitations and bid advertisements to independent fence contractors in order to bolster interest in bidding this project. In talking with several independent fence contractors,the bonding requirements,mandated on municipal projects of this size, could not be obtained. Most of the fence contractor's work is private or they act as subcontractors under the bonded authority of a general contractor. The bonding capability of private contractors, engaged in fence construction,appears to be the governing factor for the City not receiving more than the single bid. Based on the efforts make in bid advertisement and by our forty four individual bid invitations, we do not feel the City would gain additional bids if the project was advertised again. Sincerely, Eddie Cheatham, P.E. FAWORD\.SOUTHLAK\518-fencelrecommend.award.wpd 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 5D-3 ' p1 8 8 8 8 O 8 O V 00 c09 v,E. ow w O O O a 69 �+ v, '-4 cam, 0 a L, . W V Q4,,, y: v „:3 la I. h _ v 0, W ., co N x ss 8 8 o 8 o 494 VI 4 4 6 v 0 h 4 V y N Zb V a v co . 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Background Southwestern Bell Wireless, Inc.("SWBW"), acting in its capacity as general partner of the Dallas SMSA Partnership, has requested an agreement with the City of Southlake to place an antenna on the Dove Elevated Water Tower, to obtain a right of access and a right to install any necessary appurtenances. The summary of changes to the agreement is as follows: • 3.D. - Should this Lease still be in effect at the conclusions of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions until and unless terminated by either party by giving to the other at least six (6) months written notice of its intention to so terminate before the date this Lease expires. • 12 - All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail to the addresses provided. • 14.D. - City agrees to defend, indemnify and hold SWBW harmless from and against any claims, causes of action, demands and liability that SWBW may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties, except for claims arising in whole or in part, out of SWBW's use or occupancy of the property. Comments Staff is currently waiting for approval of this Lease Agreement by the City Attorney. This is expected to be completed before Tuesday's Regular City Council Meeting. Staff's recommendation is for Southwestern Bell Wireless, Inc., Communications Ground and Tower Lease Agreement to be placed on the May 6,1997 Regular City (w.„ Council Agenda for City Council review and consideration. 5E-1 CURTIS E. HAWK SWBW LEASE AGREEMENT MAY 2, 1997 PAGE 2 L CRE/cre Attachment: Lease Agreement Site Plan Elevation Diagram Plan at Antenna L L 5E-2 GROUND AND TOWER LEASE AGREEMENT `�•- SITE ID: 3905 THIS GROUND AND TOWER LEASE AGREEMENT("Lease")is entered into as of this day of , 1997, by and between City of Southlake,Texas,a municipal corporation("OWNER")and Southwestern Bell Wireless,Inc.("SWBW"), acting in its;,capacity as general partner of the Dallas SMSA Limited Partnership,and being a corporation organized and,existing under the laws of the State of Delaware,with its principal place of business at 15660 Dallas Parkway,Suite 1300,Dallas,Texas 75248. In consideration of the premises and of the mutual obligations and agreements in this Lease,the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as Dove Elevated Water Tower, ("Tower")at 100 W.Dove St.,City of Southlake,County of Tarrant,State of Texas("OWNER's Property")which is described on the attached Exhibit"Al." The parties agree that the legal description of OWNER's Property may be attached as Exhibit"Al" after execution of this Lease. B. SWBW hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank("Tower")located on OWNER's Property,together with obtaining a right of access and a right to install utilities(the "Property")as set forth in Exhibit"A2". The Property and landscaping requirements,including any fencing,are to be determined by the OWNER. In addition,SWBW shall have the right to run cables and wires under,over and across OWNER's Property to connect SWBW's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER. SWBW may park its vehicles on OWNER's Property when SWBW. is constructing, removing, replacing, and/or servicing its communications facility. C. SWBW covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. SWBW accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants SWBW the right to obtain a title report, soils tests, and other engineering procedures or environmental investigations on,under and over the Property necessary to determine that SWBW's use of the Property will be compatible with SWBW's engineering specifications,system,design,operations and Governmental Approvals(hereinafter defined). D. OWNER and SWBW further agree that the Property(including an access right-of-way thereto but excluding the space on the Tower)may be surveyed by a licensed surveyor at the sole cost of SWBW.,and such survey shall then replace Exhibit "A2"and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph 1.B. above. 2. LEASE AND EASEMENT OWNER leases the Property to SWBW and grants to SWBW a non-exclusive easement(during the term of this Lease)to access the Property(seven[7] days a week,twenty-four[24] hours a day)and to install,remove,replace,and maintain utility cables, . conduits-and pipes from the Property to the appropriate,in the discretion of SWBW,source of electric and telephone facilities. 3. TERM AND RENT A. This Lease shall be for a initial term of five(5)years beginning on , 1997("Commencement Date") at an Annual Rent of eleven thousand forty dollars($11,040),which rent shall be paid annually, in advance,beginning on the GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-3 Commencement Date and on each anniversary thereof(partial years prorated)to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty(30)days before any rent payment date. B. SWBW is granted options to extend this Lease on these same terms and conditions for four(4)additional five (5)year extension period(s)after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then-current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the fmal year of the prior term or extension period,as the case may be,increased by fifteen percent(15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein,this Lease shall continue in effect upon the same terms and conditions[other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one(1)year period,increased by Paragraph 3.C.above for a further period of one(1)year,and for like annual periods thereafter,until and unless terminated by either party by giving to the other at least six(6)months ninety--(90)-days written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. SWBW may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility,including,without limitation,required SWBW antenna array (as such antenna array may be modified,added to or substituted from time to time)and antenna support structures,and for any other uses incidental thereto. SWBW shall not use or permit the Property to be used for any purposes other than described above without the written consent of OWNER,which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be configured as requested by SWBW from time to time provided SWBW obtains,pursuant to Paragraph 4.B. ,all permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve,disapprove or request modifications to plans for any improvements or modifications installed by SWBW on the Property,which review and action shall not be unreasonably withheld or delayed. Improvement of the Property to meet SWBW's needs shall be at SWBW's sole expense,and SWBW shall maintain such improvements to the Property in a reasonable condition throughout the term. • B. OWNER acknowledges that SWBW's ability to use the Property for its intended purposes is contingent upon SWBW's obtaining and maintaining,both before and after the Commencement Date,all of the certificates,permits,licenses and other approvals (collectively, "Governmental Approvals")that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by SWBW. OWNER shall cooperate with SWBW in SWBW's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect SWBW's obtaining or maintaining such Governmental Approvals, so long as SWBW is in compliance with applicable provisions of the Southlake City Charter,ordinances,and rules. 5. TERMINATION Provided SWBW is not in default hereunder,if any of the following occurs,SWBW shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. A. SWBW determines,in its sole discretion,that it will be unable to obtain all necessary Governmental Approvals for SWBW intended use of and improvements to the Property desired by SWBW;or B. SWBW's application for any Governmental Approvals necessary for SWBW's use of the Property and improvements desired by SWBW's is denied;or • C. any Governmental Approvals necessary for SWBW's use of the Property and/or improvements to the Property, whether now or hereafter desired by SWBW,are canceled,expired,lapsed or are otherwise,terminated or denied so that SWBW, in its reasonable judgement,determines that it will no longer be able to use the Property for SWBW's intended use;or D. the Federal Communications Commission allocates the frequencies at which SWBW may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in SWBW's reasonable judgement,renders its operation of a wireless communications facility at the Property obsolete;or GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5 E-4 E. if SWBW determines that the Property has become unsuitable for SWBW's operations due to changes in system or network design or in the types of equipment used in such operations or SWBW's operations at the Property become unprofitable. F. Provided SWBW is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by SWBW,SWBW shall have the right to terminate this Lease at any time after ten(10)years upon one(1)year prior written notice to OWNER. OWNER shall have the right to terminate this Lease at any time after five(5)years upon one(1)year prior written notice to SWBW. Notwithstanding anything contained herein•to the contrary,OWNER shall have the right to terminate this Lease at any time upon thirty(30)days prior written notice to SWBW should OWNER,in its sole discretion,determine that the Tower upon which SWBW's equipment is to be installed should be removed or dismantled. Notwithstanding anything herein to the contrary, any breach, default or failure by SWBW to perform any of the duties or obligations assumed by SWBW under this Lease, or to faithfully keep and perform any of the terms,conditions and provisions hereof,shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall deliver • to SWBW ten(10)days prior written notice of its intention to terminate this Lease,including in such notice a reasonable description of the breach, default or failure. If SWBW shall fail or refuse to cure, adjust or correct same to the reasonable satisfaction of OWNER within said ten(10)days written notice to SWBW,to terminate this Lease. Upon termination of this Lease,all rights, powers and privileges of SWBW hereunder shall cease and terminate and SWBW shall,within ten(10)days,vacate the Property and remove all of its improvements,fixtures and equipment. In the event SWBW does not vacate the Property within said period, OWNER may,without being deemed guilty of trespass,and without any liability whatsoever on the part of OWNER,enter upon and take full possession of the Property.and remove any and all improvements,fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. Any termination notice rendered by SWBW pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment,as of such termination date,with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING A. Except to a"Partner Company,""Affiliate,""Subsidiary"or a Subsidiary or Affiliate of a Partner Company of SWBW(as defined below),SWBW shall not assign this Lease,or allow it to be assigned,in whole or in part,by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to SWBW's request within ninety(90)days after OWNER's receipt of such request. B. No consent by OWNER to any assignment or sublease by SWBW shall relieve SWBW of any obligation to be performed by SWBW under this Lease,whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve SWBW from the obligation to obtain OWNER's express written consent to any other assignment or sublease. C. Any sale or other transfer,including by consolidation,merger or reorganization,of a majority of the voting stock of SWBW,if SWBW is a corporation,or nny sale or other transfer of a majority in interest(whether of profits,losses,capital or voting power)or a majority of the persons composing the managers of the partnership,if SWBW is a partnership,shall not be an assignment for purposes of this Paragraph 6. • 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to SWRW within twenty(20)days after receipt of notice from OWNER's insurance company,which notice from OWNER sets forth . • OWNER's'election(a)not to repair,restore and/or reconstruct the Tower,or(b).to•repair,restore and/or reconstruct-the Tower: If,as a result of any such casualty,the Property.becomes totally or partially unusable by SWBW,rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair,then OWNER shall promptly commence appropriate repairs(to be diligently prosecuted to completion entirely at OWNER's expense),and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary,OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate SWBW's equipment or antenna array. In the event that following repairs,the Tower is no longer suitable for SWBW's intended uses, SWBW's sole remedy shall be to terminate this Lease. GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5 E-5 C. If OWNER(a)undertakes the repair,restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair,restoration,and/or reconstruction within forty-five(45)days after the casualty,or(b)notifies SWBW of OWNER's intention not to repair,restore and/or reconstruct the Tower,or fails to deliver to SWBW the written notice required under Paragraph 7.A. within twenty(20) days,then SWBW may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. SWBW ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND HEREBY COVENANTS AND AGREES TO FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS,AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS,DEMANDS,SUITS,JUDGMENTS, ASSESSMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS,EXPERT WITNESSES AND OTHER CONSULTANTS)FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,INCLUDING DEATH,TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER,WHETHER REAL OF ASSERTED PERSONS,ARISING OUT OF OR IN CONNECTION WITH,DIRECTLY OR INDIRECTLY,THE CONSTRUCTION,INSTALLATION,OPERATION,MAINTENANCE, USE OR CONDITION OF SWBW'S ANTENNAS AND EQUIPMENT, OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE WORK, SERVICES, OPERATIONS, AND LEGAL DUTIES OF SWBW, ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS,SUBCONTRACTORS,LICENSEES,OR INVITEES,IF ANY. THIS PARAGRAPH 8A WILL ALSO APPLY TO ANY PERSONAL INJURIES OR DEATH TO ANY OF SWBW'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES CAUSED BY THE EXISTING DESIGN OR CONDITION OR DESIGN OF THE PROPERTY, WHICH SWBW HAS INSPECTED AND FOUND SUITABLE AND SAFE FOR ITS INTENDED PURPOSES. B. EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 8A,IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF THE SWBW AND OWNER,RESPONSIBILITY AND INDEMNITY,IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW,WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT C. SWBW SHALL LIKEWISE ASSUME ALL RESPONSIBILITY AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD HARMLESS OWNER FOR ANY AND ALL INJURY OR DAMAGE TO THE PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF SWBW,ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS,EXPENDED BY OWNER IN ANY SUIT OR CLAIM AGAINST SWBW FOR SAME. D. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. E. SWBW shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that SWBW carries comprehensive general liability insurance with limits of liability thereunder of not less than:bodily injury: $500,000 for injury to any one person and$1,000,000 for all injuries sustained by more than one person in any occurrence;property damage:$1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. SWBW will provide OWNER with a renewal certificate within ten(10)business days of each renewal. Any insurance required to be provided by SWBW under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of SWBW,provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. SWBW may also fulfill its requirements under this Paragraph 8 through a program.of.self-insurance,subject to approval by OWNER,which approval shall not be unreasonably withheld. If SWBW elects to self-insure,then SWBW shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same,or greater,coverage than required of SWBW herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. SWBW agrees to furnish OWNER with certificates of insurance certifying that SWBW has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER. "All such insurance required to be provided hereunder shall contain endorsements that(I)such insurance shall not be canceled or amended with respect to OWNER or OWNER's designees except upon thirty(30) days prior notice to OWNER or OWNER's designees by the insurance company,(ii)SWBW will be solely responsible for payment GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5 E-6 of any premiums(iii)in the event of payment of any loss covered under the policy,OWNER or OWNER's applicable loss,and (iv)SWBW's insurance is primary in the event of overlapping coverage which may be carried by OWNER." F. Each hazard insurance policy carried by or on behalf of SWBW insuring SWBW's antennas and equipment located on or about the Property shall provide standard extended coverage,including without limitation,coverage against losses caused by fire. The parties further agree and hereby release each other with respect to any claim (including a claim for negligence)which the other party may have against such party for loss,damage or destruction of,or liability for damages to,the property of the other occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary,the provisions of the Subparagraph 8.D. shall control. 9. UTILITIES A. SWBW shall be responsible directly to the serving entities for all utilities required by SWBW's use of the Property;however,OWNER agrees to cooperate with SWBW in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, SWBW will install an electric meter and SWBW's usage shall be read by OWNER or,at OWNER'S option,by SWBW,on an annual basis and the cost of electricity used by SWBW shall be paid by SWBW to OWNER annually as a payment separate from rent and shall be computed at the then-current public utility rate. B. Should a power outage occur so that SWBW is unable to operate using power from the electric utility,SWBW may operate with an electric generator,but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT;CONDITION ON SURRENDER A. SWBW's antennas and equipment shall remain personal to and the property of SWBW. At the termination or expiration of this Lease,if notice is received from OWNER,SWBW shall remove its antennas and/or equipment. SWBW shall repair any damage caused by such removal,and shall otherwise surrender the Property at the expiration of the term,as same may have been extended,or earlier termination thereof,in good condition,ordinary wear and tear,damage by fire and other casualty excepted. Any of SWBW's equipment or other property that has not been removed from the Property within thirty(30)days lithely (90)-days from the time of Lease termination shall be deemed abandoned by SWBW and OWNER shall be free to dispose of same in any manner OWNER chooses and without any liability to SWBW therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to SWBW within one hundred eighty(180) days after the removal of antennas and equipment by SWBW or OWNER shall be deemed to have irrevocably waived any and all such claims. 11. SWBW DEFAULTS A. The occurrence of any one or more of the following events shall constitute an"Event of Default"hereunder by SWBW: (1) The failure by SWBW to make any payment of rent or any other payment required to be made by SWBW hereunder,as and when due,where such failure shall continue for a period of ten(10)days after written notice thereof is received by SWBW from OWNER. (2) The failure by SWBW to observe or perform any of the covenants or provisions of this Lease to be observed or performed by SWBW,other than specified in Paragraph 11.A.(1),where such failure shall continue for a period of ten(10)days after written notice thereof is received by SWBW from OWNER;provided however,that it shall not be deemed an - Event of Default by SWBW if SWBW shall commence to cure such failure within said ten(10)days period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by SWBW, in addition to any other remedies available to OWNER at law or in equity,OWNER shall have the option to terminate this Lease and all rights of SWBW hereunder. GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5 E-7 12. NOTICES A-ll-notices-hereundermust-be-in-writing acid nless-otherwise provided herein,shall be deemed-validly-given-if-sent-by-certified mail-returnreceiptrequeste&addressed-as follows-(oi to any-other mailing-address-which-the pally to be notified-may-designate tothe-otherparty-by-suchnotice)-orasotherwise-Provided-under applicablestate-laves Should-OWNER-or-SWBW-have-a-change ofaddress the-otherpaity shall-immediately-be-notified-as piuvided-inthis-Paiagiaph ofsuchrchange. Unless OWNER-otherwise specifies-in-writing,lent checks-fro esent to the person listed below to whom notices-ale sent All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,postage prepaid,addressed as shown below(or to any other address that the party to be notified may have designated to the sender by like notice): SWBW: Southwestern Bell Wireless,Inc. Attn: Real Estate Manager,Site#3905 Address: P.O.Box 797246 Dallas,Texas 75379 Telephone Number: (972)774-4691 (972)774-4704(telecopy) With a copy to: Southwestern Bell Wireless,Inc. Attn: Legal Department,Site#3905 Address: 15660 Dallas Parkway,Suite 1300 Dallas,Texas 75248 OWNER: City of Southlake,Texas Attn: Curtis E.Hawk,City Manager Address: 667 North Carroll Avenue Southlake,Texas 76092 Telephone Number: (817)481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER,at any time during the term of this Lease, sell, lease transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than SWBW,then such transfer shall be under and subject to this Lease and all of SWBW's rights hereunder. 14. HAZARDOUS SUBSTANCES A. SWBW represents,warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws(as defined in attached Exhibit"B"). OWNER represents and warrants that it has received no notice of,nor has any knowledge of,any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of Hazardous Substances as defined in Exhibit`B"attached hereto. B. OWNER shall be responsible for,and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law,of all spills or other releases of Hazardous Substances,not caused by SWBW,that have occurred or that may occur on the OWNER's Property,arising from OWNER's activities on the Property. C. SWBW agrees to defend,indemnify and hold OWNER harmless from and against any and all claims,causes of action,demands and liability including,but not limited to,damages,costs,expenses,assessments,penalties,fines,losses,judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5 E-8 Property or the migration of any Hazardous Substance to other properties or released into the environment arising from SWBW's • activities on the Property during the term of this Lease. D. OWNER agrees to defend,indemnify and hold SWBW harmless from and against any and all claims,causes of action,demands and liability including,but not limited to,damages,costs,expenses,assessments,penalties,fines,losses,judgments and attorney's fees that SWBW may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment,except for claims,arising in whole or in part,out of SWBW's use or occupancy of the property • teiui of thib Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property,including without limitation the Property and Tower,shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking,then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property,including without limitation the Tower,shall be taken or condemned, either temporarily or permanently,for public purposes,or sold to a condemning authority under threat of condemnation to prevent taking,then OWNER agrees that SWBW may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for SWBW's purposes,provided such space is available. The exact site to which SWBW may relocate will be determined by OWNER, and it may be upon any portion of OWNER's Property (or other property owned or controlled by OWNER) provided that SWBW reasonably approves the site as equally suitable for SWBW's intended uses. OWNER will designate a site to which SWBW may relocate prior to the taking,condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of SWBW,then SWBW may terminate this Lease. C. OWNER shall receive the entire condemnation award for land,Tower and such other improvements as are paid for by OWNER,and SWBW hereby expressly assigns to OWNER any and all right,title and interest of SWBW now or hereafter arising in and to any such award. SWBW shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to SWBW on account of the leasehold interest of SWBW now or hereafter arising in and to any such award. SWBW shall have the right to recover from such authority,but not from OWNER, any compensation as may be awarded to SWBW on account of the leasehold interest,moving and relocation expenses,and deprecation to and removal of the personal property and fixtures of SWBW. 16. LIENS • SWBW shall keep the Property free from any liens arising out or any work performed,materials furnished,or obligations incurred by or for SWBW. SWBW shall,within twenty(20)days following the imposition of any such lien,cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits SWBW to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate.of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES SWBW shall be liable for and shall pay to the applicable taxing authority if billed directly to SWBW,or to OWNER if billed to OWNER,upon thirty(30)days prior,written notice from OWNER,any and all taxes and assessments levied against any personal property or trade or other fixtures placed by SWBW in or about the Property. SWBW shall pay as additional rent any increases in real property taxes levied against OWNER's Property,including.the Tower, as a result of improvements constructed by•SWBW on the Property. SWBW will not be responsible for any increases in real property taxes which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that SWBW,upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have and enjoy the Property. GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-9 B. SWBW covenants and agrees that SWBW's equipment,its installation,operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower,whether operated by OWNER or other operators prior to installation of SWBW's antennas and/or transmission lines on the Tower. SWBW shall coordinate with OWNER and all other operators of radio equipment at the Tower to insure that SWBW's frequencies and antenna locations will be compatible with said existing radio equipment. In addition,in the event OWNER desires to install additional radio equipment at the water tower site in the future,SWBW agrees to take all reasonable measures to eliminate any interference with said radio equipment,however,in no event shall SWBW be required to move its antennas or equipment on the tower site or the equipment building. In the event there is harmful interference to said electronic equipment,SWBW will promptly take all steps to eliminate said harmful interference with ten (10) days after notice from OWNER or such other operator to SWBW advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, SWBW agrees to suspend operations (transmissions) at the site while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated,then SWBW shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be terminated. (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or operate any equipment which would interfere with SWBW's equipment or operations on the OWNER's Property or Property. OWNER shall cause that all subsequent tenants on the Tower to first coordinate with SWBW to ensure that their frequencies and antenna locations will be compatible with SWBW's and to agree to a clause similar to this Paragraph 8.B.(1)herein,promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of SWBW herein. C. Comply with all applicable rules and regulations of the Federal Communications Commission,and electrical codes of City of Southlake and for State of Texas. Under this Lease,the OWNER assumes no responsibility for the licensing, operations and/or maintenance of SWBW's equipment,antennas,transmission lines or attachments. D. This Paragraph 18 is made subject to Paragraph 19.F. 19. COORDINATION OF OPERATION A. OWNER agrees(I)to use its best efforts to minimize inconvenience to SWBW by using its best efforts not to cause or permit any interruption or interfere with the operations of SWBW's antennas or equipment,during the hours of 4:00 p.m. to 7:00 p.m.on any weekday,and(ii)to give SWBW notice of any repairs,alterations,additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of SWBW's wireless communications facility, antennas or equipment. B. Only qualified and adequately insured employees, agents, contractors or persons under SWBW's direct supervision will be permitted to climb the Tower and to install,maintain,or remove SWBW's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with SWBW's use of the Tower,and so long as SWBW complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person,including without limitation any contractor,employee,agent,tenant,or invitee,to work within a ten(10)foot radius of SWBW's antennas unless SWBW is notified prior to such activity. OWNER agrees to give SWBW reasonable advance written notice (except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give SWBW telephonic notice (at 1-972-774-4691) of repairs, alterations, additions,or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the antennas. D. In the event that OWNER determines that any equipment or operation of SWBW causes radio interference,as defined and regulated by the Federal Communications Commission,or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower,then SWBW shall have thirty(30)days within which to correct such radio interference, pursuant to Paragraph 11.A. (2) hereof. Unless such interference is with OWNER's emergency communications then such interference shall be corrected immediately or terminated. GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-10 E. It is further understood and agreed that OWNER may perform reasonable routine maintenance,painting,etc.of the Tower without compensation or liability to SWBW,even though such maintenance and painting may cause interference with SWBW's operations. OWNER shall notify SWBW at least sixty(60)days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of SWBW's equipment and allow SWBW to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify SWBW prior to performing any emergency maintenance on the Tower. F. In addition to the requirements at subparagraph D of this paragraph,SWBW covenants and agrees that SWBW's equipment,its installation,operation and maintenance will not interfere with the operation of pre-existing radio equipment on the Tower,whether operated by OWNER or other operators prior to installation of SWBW's antenna and/or transmission lines on the Tower. SWBW shall coordinate with OWNER and all other pre-existing radio equipment at the Tower site in the future. SWBW agrees to take all reasonable measures to eliminate any radio interference,as defined and regulated by the Federal Communications Commission,with said pre-existing radio equipment,however, in no event shall SWBW be required to remove its antennas or equipment from the Tower. In the event there is harmful radio interference to said pre-existing equipment,SWBW will promptly take all steps necessary to identify the problem,and,if caused by SWBW's equipment,take all reasonable steps to eliminate said harmful radio interference within ten(10)days after notice from OWNER or such other pre-existing operator to SWBW advising of the interference. If said interference cannot be eliminated within thirty(30) days notice thereof, SWBW agrees to suspend operations(transmissions)at the Property while the radio interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated,then SWBW shall remove its shelter and equipment from OWNER's Property,and this Lease shall thereupon be terminated. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that,if because of SWBW's operations on the Property any laws or regulations of the Federal Aviation Administration,Federal Communications Commission or any other relevant governmental agency or body require or recommend that SWBW's antennas and/or the Tower be lit and/or marked,SWBW may install and maintain such lighting and markings. In no event,however,shall SWBW be responsible for the installation or maintenance of any lighting or markings required by the operations of OWNER or any other tenant in the Tower. OWNER will permit SWBW access to all portions of the Tower that SWBW may need in order to check and replace such required or recommended lighting or marking. 21. BROKERS `"'' OWNER and SWBW represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES A. OWNER,at the request of SWBW,shall provide SWBW with a certificate stating:(1)whether OWNER has any claim against SWBW and if so,stating the nature of such claim;(2)that OWNER recognizes SWBW's right to SWBW's antennas, equipment and other property;(3)that SWBW has the right to remove SWBW's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law;and(4)that OWNER has no interest in and disclaims any interest to SWBW's equipment and other property. B. SWBW, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect(or,if there has been any modification,that the same is in full force and effect as modified and stating the modification);(2)whether or not,to SWBW's knowledge,there are then existing any set-offs,or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of SWBW to be performed or complied with(and, if so specifying the same);and(3)the dates,if any,to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on SWBW,but SWBW does not acknowledge that the OWNER has a right to franchise SWBW or waive any right it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-1 1 and has full authority to enter into and execute this Lease and that here are no undisclosed liens,judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease,including attached exhibits which are hereby incorporated by reference,incorporates all agreements and understandings between OWNER and SWBW, and no verbal agreements or understandings shall be binding upon either OWNER or SWBW, and any addition,variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply,and during the term of this Lease,shall continue to comply with all building,life/safety,disability and other laws,codes and regulations of any applicable governmental or quasi-governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by SWBW,OWNER,at its sole cost,shall maintain in good condition and repair,the Tower and other improvements upon which the Property is located. SWBW agrees that SWBW's property and all equipment and improvements erected hereunder shall comply,and during the term of this Lease,shall continue to comply with all building,life/safety,disability and other laws,codes and regulations of any applicable governmental or quasi-governmental authority. All such compliance shall be accomplished at SWBW's sole cost and expense. SWBW,at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed,interpreted,construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County,Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease,and each and every covenant and condition herein,is intended to benefit the Property and shall extend to and bind the heirs,personal representatives,successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning,and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option,this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property,provided that every such mortgagee shall recognize(in writing and in a form acceptable to SWBW's counsel)the validity of this Lease in the event of a foreclosure of OWNER's interest and also SWBW's right to remain in occupancy and have access to the property as long as SWBW is not in default of this Lease. SWBW shall execute whatever instruments may reasonably be required to evidence this subordination. If,as of the date of execution of this Lease,there is any deed of trust,ground lease or other similar encumbrance affecting OWNER's Property,OWNER agrees to use its best efforts in cooperating with SWBW to obtain from the holder of such encumbrance an agreement that SWBW shall not be disturbed in its possession,use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable,then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, as so modified,such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof,then the prevailing party in such action or proceeding shall be entitled to receive from the non-prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services • rendered to the prevailing party,together with its other reasonable litigation expenses. . L. • In addition to the other remedies provided for in this Lease,OWNER and SWBW shall be entitled to immediate restraint by injunction of any violation,any of the covenants,conditions,or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-12 IN WITNESS WHEREOF,OWNER and SWBW have duly executed this Lease as of the day and year first above written. SWBW: Dallas SMSA Limited Partnership By Its General Partner Southwestern Bell Wireless,Inc. By: Name: Lowel D.Whitlock Its: Vice President,General Manager Address: 15660 Dallas Parkway,Suite 1300 Dallas,Texas 75248 OWNER: City of Southlake,Texas By: Name: Its: Tax No: • • • • ��-- GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-I3 NOTARIES-GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1997, by ,of a corporation,on behalf of the corporation. ❑by partner(or agent)on behalf of ,a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED,TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1997, by ,of a corporation,on behalf of the corporation. ❑by partner(or agent)on behalf of ,a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED,TYPED OR STAMPED NAME OF NOTARY) M:\WP-FILES\AGREEMNT\SWBW\LEASE.WPD MY COMMISSION EXPIRES: �-- GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-14 EXHIBIT"Al" LEGAL DESCRIPTION SITE ID: 3905 The description of the Property is as follows: Being a 1.5 acre tract of land located in the R.D.Price Survey,Abstract No. 1207,as described in deed in Volume 7354,Page 934,Deed Records,Tarrant County,Texas. The description of the Leased Premises is as follows: Approximate location of the Leased Premises is a 30 ft. x 15 ft. area located in the NWC of the Property with the 20 ft. x 11 ft. 3 inch equipment Bldg_ shown on Exhibit A-1 located in the center. Lessee agrees to survey the Leased Premises and attach the legal description as Exhibit "B" to this contract upon the approval of Lessor. • • • GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-15 EXHIBIT"A2" DEPICTION OF PROPERTY SITE ID:3905 The leased Property is situated within Owner's Property as described in Exhibit"A 1". 1004306.GROL O FIELD.TO RETAIN REM,LOCATION DOST'G O'-O.x]e'-O'AIR PREfADRICAIEO ECRIETOIT @ICL SURE TO RII1NN EXIST.8'-0N CHNNLINC FENCE u✓3 STRANDS LIMPED WIRE E3081'G LNDERGOLNO FLED TEIRACE PULL EDO FAX£' RR LINE u2.-AN E PP / LIGE waT UGT E , \TcnSc� T I� y m EXIST.OVERRNE/D ELEC.SERVICE NDe T'-3.x TO'-O.PREFAEPoCATED -\ I IIOER30 RLE-SERVICE Ea RE WI ENCLOSURE EXPOSE O I VERIFY T LOCATION ACC^,STE EXPOSURE � ♦ �_ .'RQ TREES 1YPICAL MEE TTP. E SY6T IEI EP TR PEDESTPL NEWCONCRETE 10,1O11PY TO SETS Ea1FT1@ r ENCLoN PP / I ❑s EXIST.LKIR POLE \ GRA\AREA 1.36T.ocs-tr POLE NI,SOW ANTERNA CAEL.IN EIRIED / 0VITS WW2 TO TOYER �C LINE OF TYK AEORE AT ANTENNA CAM,.IN BRED ' 1 e OvER TO TOPER OERPT LOCATION- GRA.66 PPP EXIST. EJXgl fG1AM TO WATER TOWER ' 1� /� `� // / F E DOVE ROAD E%IST'G C Si 7 JJJ/// I O RETAIN\ \ • 1 11 J EXIST.PAVING fir`/ I \ 10 E E T E . \E\ OSITE PLAN L T.5. NORTH E m DOVE ROAD 1 GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-16 EXHIBIT"A3" TENANT'S LEASE SPACE ON TOWER EXHIBIT SITE ID:3905 Antennas will be mounted on the Tower located on Owner's Property described in Exhibit"Al". STEEL ELEvATED TANK l U U m U U U< NEW DIRECTIONAL ANTENNA(TYP OF 9) PAINT TO MATCH CONC.PANELS. SECURE TO CONC.PEDESTAL 4 LOCATE IN ORDER TO NOT INTERFERE W/PAINTERS RING OPERATION. APPROX.1'-0"WIDE x 3'-0"TALL EXISTG AT1T DIRECTIONAL ANTENNA (TYPOF9). CONCRETE PEDESTAL 1 OVERHEAD DOOR PROPOSED II'-3"X 20'-0"PREFAB EQUIPMENT ENCLOSURE WITH EXPOSED AGGREGATE FINISH \\\ FENCE LINE A/C WIT EXIST'G EXISTING GRADE FENCE > Q VERIFY WHITE CHAPEL ROAD 20'-0" • • *ELEVATION N. T. S. GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-17 EXHIBIT"A3" (cont.) TENANT'S PLAN AT ANTENNA L....- SITE ID: 3905 i LINE OF TANK ABOVE j Z / 3 - ALPHA CONCRETE PEDESTAL _ _ _ ' , 1 3 - GAMtlA \ ' ' 23' 81` 43' D11 , FIELD V114 NEW DIRECTIONAL ANTENNA (TIP OF 9) ` PAINT TO MATCH CONC.PANELS. \ •� • l SECURE TO CONC.PEDESTAL 4 LOCATE IN ORDER TO NOT INTEFa tRE WI PAINTER'S RING OPERATION. / APPROX. I'-O" WIDE x 3'-0" TALL \ / EXIST'G AT4T DIRECTIONAL ANTENNA (TIP OF 9). \ / O PLAN AT ANTENNA N. T. e. • `"'- GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-18 EXHIBIT"B" 4 Ground and Tower Lease Agreement dated , 1997 between the City of Southlake,as Owner and SWBW of Texas,Inc.,a Delaware Limited Corporation,d.b.a.,SWBW Communications("SWBW"). As used in this Lease,"Environmental Laws"means all federal, state and local environmental laws,rules,regulations, ordinances,judicial or administrative decrees,orders,decisions,authorizations or permits pertaining to the protection of human health and/or the environment,including,but not limited to,the Resource Conservation and Recovery Act,42 U.S.C. § §6901, et seq.,the Clean Air Act,42 U.S.C. § §7401,et seq.,the Federal Water Pollution Control Act,33 U.S.C. § § 1251,et seq.,the Emergency Planning and Community Right to Know Act, 42 U.S.C. § § 1101, et seq., the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C. § § 9601,et seq.,the Toxic Substances Control Act, 15 U.S.C. § §2601, et seq.,the Oil Pollution Control Act,33 U.S.C. § §2701,et seq.,and Texas superfund laws,or any other comparable local,state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal,state or local land use laws dealing with environmental sensitivity including,but not limited to,laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease,"Hazardous Substance"means any hazardous or toxic substances as defmed by the Comprehensive Environmental Response,Compensation and Liability Act,as amended from time to time;any hazardous waste as defmed by the Resource Conservation and Recovery Act of 1976,as amended from time to time;any and all material waste or substance defmed s hazardous pursuant to any federal,state or local laws or regulations or order;and any substance which is or becomes regulated by any federal,state or local governmental authority;any oil,petroleum products and their byproducts. �— GROUND AND TOWER LEASE AGREEMENT(Revised 5-6-97) 5E-19 Van D. Nichols 13101 Preston Road.Suite 400 Dallas,Texas 75240 Telephone(972)233-161e Fax(972)385-5705 FAX TRANSMISSION TO: -Ay mac_ FROM: v,c1,0 ,cide COMPANY: DATE: -5 -2 1 7 FAX # i 7_ g-'S097 - TIME: /2 CG7 PAGES: (including cover sheet) MESSAGE: 2JAAA: _____4244-4 Le `w �� afer • .� � a � , - ref 5E-20 1 Y City of South lake,Texas 3 MEMORANDUM May 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Execute a Contract with HDR Engineering, Inc. for Professional Services on F.M. 1709 Traffic Management Study Background . Per direction of City Council, staff has requested a proposal from HDR Engineering, Inc. to study several traffic management issues along the 1709 Corridor. These issues include: • Traffic light warrant analyses at Shady Oaks Dr. and Commerce St. • Analysis and recommendation for location of ultimate traffic signals on F.M. 1709 , • Recommended intersection design relative to deceleration and free right-turn lanes • Study and recommendation of signal light timing and sequencing to allow smoother through traffic flow. • Recommend locations of raised medians. • Identify areas where additional right-of-way may be required for turning movements. Larry Hoffman of HDR Engineering,Inc.has provided services for the City while employed by Lee Engineering, and is familiar with the City of Southlake. HDR has proposed to perform the above services for a fee of$22,100. Comments Staff recommends that HDR be awarded this professional services contract. Please place this on the Regular City Council Agenda for May 6, 1997, City Council's review and . i eraf on. s ? RH/1 4 444._ Attachment: Agreement M:\W P-FILES\STREETS\STATEWM 1709\HDR-STDY.W PD 5F-1 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made as of this 6th day of May , 19 97 , between the City of Southlake, Texas, with principal offices at 667 North Carroll Avenue, Southlake, Texas 76092, and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with offices at 12700 Hillcrest Road, Suite 125, Dallas, Texas 75230 for services in connection with the project known as FM 1709 Traffic Signals, Geometries and Medians ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering consulting services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services; NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. RESPONSIBILITIES OF OWNER In addition to the services described in paragraph 6 of the attached "HDR Engineering, Inc. Terms and. Conditions of Engineering Services," OWNER shall provide the following information to ENGINEER: • Half-sized construction plans for FM 1709 from FM 1938 to SH 114 • Available accident data for the intersections of FM 1709 at Shady Oaks and FM 1709 and Commerce. • Copies of existing reports and studies that contain recent traffic count data along FM 1709. SECTION III. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of lump sum. The amount of the lump sum is Twenty-Two Thousand One Hundred Dollars ($22,100). The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Compensation terms are defined as follows: Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. 5F-2 SECTION IV. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions of Engineering Services," which are attached, are incorporated into this Agreement by this reference. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services in eight (8) weeks. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates,measures and amounts of ENGINEER'S compensation shall be equitably adjusted. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. HDR ENGINEERING, INC. City of Southlake �.... By. By: William R. Hindman Rick Stacy, Mayor Sr. Vice President City of Southlake ATTEST By: Sandra L. LeGrand City Secretary APPROVED AS TO CONTENT • By: Bob Whitehead Director of Public Works APPROVED AS TO FORM By: Wayne K. Olson Legal Counsel 5F-3 APPENDIX EXHIBIT A SCOPE OF SERVICES This Exhibit expands the Scope of Services described in SECTION I - SCOPE OF SERVICES of the Agreement for Engineering Services for the project known as FM 1709 Traffic Signals, Geometrics and Medians in Southlake. The project involves evaluating warrants for installing traffic signals at the intersections of FM 1709 at Shady Oaks and FM 1709 at Commerce. The project also involves an evaluation of the traffic signals along FM 1709 from Pearson Lane to SH 114. The signal system evaluation will identify signals that should be coordinated and establish timing plans that will provide progression through the coordinated system. Based on the timing plans, potential locations for future traffic signals will be identified. The geometric evaluation will determine which segments of FM 1709 need to be restriped to provide a third through lane in each direction. Finally, the project includes the development of recommendations for the installation of medians on FM 1709 just east of White Chapel Blvd. and from just west of Miron Drive to just east of Village Center Drive. A. SIGNAL WARRANT STUDIES 1. At the intersections of FM 1709 with Shady Oaks and FM 1709 with Commerce, 24-hour traffic counts will be conducted on each approach on a typical weekday. 2. Each site will be visited to observe posted speed limits, existing intersection lane configurations, existing traffic controls, and any other features of the intersections that may impact the evaluation of traffic signal warrants. 3. For each intersection, available accident data will be collected from the City of Southlake. 4. The warrants will be evaluated for the installation of a traffic signal as set forth in the latest edition of the Texas Manual on Uniform Traffic Control Devices. 5. The results of the evaluation will be presented in a technical memorandum. 6. One meeting is included in this task. B. GEOMETRIC-AND SIGNAL SYSTEM EVALUATIONS 1. Review existing reports and studies conducted along the FM 1709 corridor to identify traffic count data that could be used in this study. Because of the growth rate in the area, only counts less than one year old will be used. 2. Collect 24-hour traffic counts at up to six (6) locations. 5F-4 3. Collect weekday AM, Noon, and PM peak hour turning movement counts at any of the eight existing signalized intersections on FM 1709 in Southlake for which existing data is not available. 4. Identify the existing roadway characteristics including: roadway and intersection lane configurations, the distances between existing signals, and posted speed limits. 5. Conduct coupling analyses for each of the links between existing signals along FM 1709. These analyses will identify which signals should be coordinated and during which times of the day. 6. Review the count data and identify segments of FM 1709 along which the existing outside lane should be restriped to provide an additional through lane in each direction. 7. Code the turning movement count data and proposed intersection geometrics into a signal timing optimization program (Passer II and/or Synchro). Develop optimized timing plans for the systems identified in Task 5. 8. Produce a time-space diagram for each timing plan. Review the time-space diagrams to identify locations where future traffic signals could be installed without negatively impacting progression along FM 1709. Identify segments of FM 1709 along which traffic signals should not be installed. 9. Produce a technical memorandum documenting the results of the study. The technical memorandum will include: large-scale time-space diagrams for use by the City and TxDOT, locations for future traffic signals, and a recommended roadway restriping plan. 10. Two meetings are included in this task. C. MEDIAN RECOMMENDATIONS 1. Construction plans for FM 1709 will be obtained from the City of Southlake. 2. The two project sites (FM 1709 just east of White Chapel and from just west of Miron to just east of Village Center) will be visited to obtain information regarding streets and driveways that have been constructed since FM 1709 was widened to seven lanes. 3. Recommendations regarding the installation of medians at the two sites will be developed. 4. The recommendations will be presented in a technical memorandum. Drawings of the recommended medians will be attached to the technical memorandum. 5. Two meetings are included in this task. 5F-5 HDR Engineering, Inc. Terms and Conditions of Engineering Services 1. STANDARD OF PERFORMANCE OWNER will furnish the services of soils/geotechnical All of ENGINEER's services under this Agreement will be engineers or other consultants that include reports and performed in a reasonable and prudent manner in appropriate professional recommendations when such accordance with generally accepted engineering practice. services are deemed necessary by ENGINEER. 2. INSURANCE The OWNER agrees to bear full responsibility for the ENGINEER agrees to purchase, at its own expense, technical accuracy and content of OWNER-furnished Workers' Compensation, Employer's Liability, Automobile documents and services. and Commercial General Liability insurance and will, upon request, furnish insurance certificates to OWNER. If The OWNER or OWNER's representative will examine all requested by OWNER, ENGINEER will purchase additional studies, reports, sketches, drawings, specifications, types of insurance, provided the costs of the additional proposals and other documents prepared by ENGINEER, insurance are reimbursed by OWNER and the insurance is obtain the advice of an attorney, insurance counselor and reasonably available from carriers acceptable to ENGINEER. other consultants as OWNER deems appropriate for such examination, and render to ENGINEER,in writing, decisions 3. OPINIONS OF PROBABLE COST pertaining thereto within a reasonable time so as not to delay (COST ESTIMATES) the services of ENGINEER. Any opinions of probable Project cost or probable construction cost provided by ENGINEER are made on the 7. SUCCESSORS AND ASSIGNS basis of ENGINEER's experience and qualifications, and OWNER and ENGINEER, respectively, bind themselves, represents its judgment as an experienced and qualified their partners, successors, assigns, and legal professional engineer. However, since ENGINEER has no representatives to the covenants of this Agreement. Neither control over the cost of labor, materials, equipment or OWNER nor ENGINEER will assign, sublet, or transfer any services furnished by others, or over the contractor(s') interest in this Agreement without the written consent of the methods of determining prices,or over competitive bidding or other. market conditions, ENGINEER does not guarantee that proposals, bids or actual Project or construction cost will not 8. RE-USE OF DOCUMENTS vary from opinions of probable cost ENGINEER prepares. All documents,including all reports,drawings,specifications, computer software or other items prepared or furnished by 4. CONSTRUCTION PROCEDURES ENGINEER pursuant to this Agreement, are instruments of ENGINEER's observation or monitoring portions of the work service with respect to the Project. ENGINEER retains performed under construction contracts shall not relieve the ownership of all such documents. OWNER may retain contractor from its responsibility for performing work in copies of the documents for its information and reference in accordance with applicable contract documents. connection with the Project;however,none of the documents Accordingly, ENGINEER shall not control or have charge of, are intended or represented to be suitable for reuse by and shall not be responsible for, construction means, OWNER or others on extensions of the Project for which methods, techniques, sequences, procedures of they were specifically prepared or on any other project. Any construction, health or safety programs or precautions reuse without written verification or adaptation by connected with the work. Further, ENGINEER shall not be ENGINEER for the specific purpose intended will be at responsible for the acts or omissions of the contractor or OWNER's sole risk and without liability or legal exposure to other parties on the Project. ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and 5. CONTROLLING LAW expenses, including attorneys fees, arising or resulting This Agreement is to be governed by the law of the state therefrom. Any such verification or adaptation will entitle where ENGINEER's services are performed. ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 6. OWNER-PROVIDED SERVICES AND INFORMATION 9. TERMINATION OF AGREEMENT OWNER will provide all criteria and information pertaining to OWNER or ENGINEER may terminate the Agreement, in OWNER's requirements for the Project, including design whole or in part,by giving seven(7)days written notice,if the objectives and constraints,space,capacity and performance other party substantially fails to fulfill its obligations under the requirements,flexibility and expandability,and any budgetary Agreement through no fault of the terminating party. Where limitations. OWNER will also provide copies of any the method of payment is lump sum," or cost OWNER-fumished Standard Details, Standard reimbursement, the final invoice will include all services and Specifications,or Standard Bidding Documents which are to expenses associated with the Project up to the effective date be incorporated into the Project. of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 5F-6 (2/93) 10. SEVERABILITY 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION If any provision of this agreement is held invalid or In connection with the services under this Agreement, unenforceable, the remaining provisions shall be valid and ENGINEER agrees to comply with the applicable provisions binding upon the parties. One or more waivers by either of federal and state Equal Employment Opportunity, and party of any provision, term or condition shall not be other employment,statutes and regulations. construed by the other party as a waiver of any subsequent breach of the same provision,term or condition. 15. HAZARDOUS SUBSTANCE INDEMNIFICATION ENGINEER hereby states, and OWNER acknowledges, 11. INVOICES that neither ENGINEER nor ENGINEER's consultants have ENGINEER will submit monthly invoices for services any professional liability (i.e., errors and omissions) rendered and OWNER will make prompt payments in insurance or other insurance that covers asbestos or response to ENGINEER's invoices. pollution claims, that is, insurance for claims or claims expenses arising out of the performance of or failure to ENGINEER will retain receipts for reimbursable expenses in perform professional services, including, but not limited, to general accordance with Internal Revenue Service rules the preparation of reports, designs, drawings and pertaining to the support of expenditures for income tax specifications, related to the investigation, detection, purposes. Receipts will be available for inspection by abatement, replacement or removal of parts, materials or OWNER's auditors upon request. processes containing asbestos, or relating to the actual, alleged or threatened discharge, dispersal, release or If OWNER disputes any items in ENGINEER's invoice for escape of pollutants (defined herein as any solid, liquid, any reason, including the lack of supporting documentation, gaseous or thermal irritant or contaminant,including smoke, OWNER may temporarily delete the disputed item and pay vapor,soot,fumes,acids,alkalis,chemicals and waste),nor the remaining amount of the invoice. OWNER will promptly are ENGINEER or ENGINEER's consultants reasonably notify ENGINEER of the dispute and request clarification able to obtain such coverage. Accordingly,to the full extent and/or remedial action. After any dispute has been settled, permitted by law,OWNER shall defend,indemnify and hold ENGINEER will include the disputed item on a subsequent, harmless ENGINEER, its officers, employees, agents and regularly scheduled invoice, or on a special invoice for the subconsultants from and against all claims, damages, disputed item only. including consequential damages, losses, liabilities, expenses and costs, including but not limited to attomey's OWNER recognizes that late payment of invoices results in fees and court costs, arising out of or resulting from the extra expenses for ENGINEER. ENGINEER retains the ENGINEER's performance of its services under this right to assess OWNER interest at the rate of one percent Agreement which: (i)in any way relate to the ownership or (1%) per month, but not to exceed the maximum rate operation of the property or facility, (ii) in any way relate to allowed by law, on invoices which are not paid within forty- the creation, discharge, dispersal, transport, release or five (45) days from the date of the invoice. In the event escape of pollutants or asbestos, or (iii) arise out of, or undisputed portions of ENGINEER's invoices are not paid result from,conditions existing at the project site. when due, ENGINEER also reserves the right, after seven (7)days prior written notice,to suspend the performance of 16. EXECUTION its services under this Agreement until all past due amounts This Agreement,including the exhibits and schedules made have been paid in full. part hereof, constitute the entire Agreement between ENGINEER and OWNER,supersedes and controls over all 12. CHANGES prior written or oral understandings. This Agreement may The parties agree that no change or modification to this be amended, supplemented or modified only by a written Agreement,or any attachments hereto,shall have any force instrument duly executed by the parties. or effect unless the change is reduced to writing,dated,and made part of this Agreement. The execution of the change 17. INDEMNIFICATION shall be authorized and signed in the same manner as this ENGINEER AGREES TO PERFORM THE SERVICES Agreement. Adjustments in the period of services and in UNDER THIS AGREEMENT IN ACCORDANCE WITH compensation shall be in accordance with applicable GENERALLY ACCEPTED STANDARDS OF paragraphs and sections of this Agreement. PROFESSIONAL CARE. ENGINEER SHALL, WITHOUT ADDITIONAL COMPENSATION, CORRECT OR REVISE 13. CONTROLLING AGREEMENT ANY ERRORS OR DEFICIENCIES IN THE FINAL These Terms and Conditions shall take precedence over DESIGNS, DRAWINGS, REPORTS, AND OTHER any inconsistent or contradictory provisions contained in any SERVICES. ENGINEER SHALL INDEMNIFY AND HOLD proposal, contract, purchase order, requisition, notice-to- OWNER HARMLESS FROM AND AGAINST ANY CLAIM, proceed,or like document. COST, EXPENSE, DAMAGE, LIABILITY OR LOSS SUFFERED OR INCURRED BY OWNER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER REASONABLE COSTS AND EXPENSES INCIDENT TO ANY SUIT, ACTION OR PROCEEDING) TO THE EXTENT ARISING OUT OF OR RESULTING FROM ANY NEGLIGENT ACT, ERROR OR OMISSION BY ENGINEER OR THEIR AGENTS, EMPLOYEES,CONTRACTORS OR OFFICERS. 5F-7 (2/93) City of South lake,Texas 4 STAFF REPORT May 2, 1997 CASE NO: ZA97-005 PROJECT: Second Reading/Ordinance No. 480-231 Rezoning and Site Plan/Professional Office Building STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan of Tract 1 A in the A. A.Freeman Survey, Abstract No. 522, and being approximately 1.344 acres. LOCATION: 1302 West Southlake Boulevard and approximately 390' east of the intersection of Southridge Lakes Parkway and West Southlake Boulevard(F.M. 1709). OWNER: Jerry Black APPLICANT: Medical Air Services Association CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "S-P-1" Site Plan District limited to "0-1" Office District uses LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) CORRIDOR RECOMMENDATION: Residential (any Single Family District) NO. NOTICES SENT: Eleven(11) RESPONSES: Eight(8) responses were received within the 200' notification area: • William D. Maxwell, 1304 Normandy Drive, Southlake,opposed. "I strongly oppose the development of this property as indicated, this is a residential area and should not be developed as commercial." • Kenneth and Sharon MacMorran, 1202 Sabine Court, Southlake, opposed. "An office building surrounded by residential property is inappropriate." Resident Kenneth MacMorran has also submitted letter. See attached letter. (hp, • Frank Esposito, 1300 Normandy Drive, Southlake,opposed. "My home overlooks this area. I purchased because of the zoning and 7 'H City of Southlake,Texas the view. Granting a variance violates the trust of a new home buyer. I intend to vigorously defend my position to keep the integrity of my community." • Southridge Lakes HOA, William Kemp, 4835 LBJ Freeway, Ste., 600 LB, Dallas, TX 75244, opposed. "Contrary to Land Use Plan and corridor ordinances." • William Leary, 1204 Sabine Ct., Southlake, opposed. "Proposed rezoning is inconsistent with the corridor overlay land use recommendations and the Master Plan." • Kenji Mizuno, 1212 Normandy Drive, Southlake, opposed. "I want to keep the site residential." • Gary G. Buckmaster, 712 Stratford Drive, Southlake, opposed. • Gloria and Brian Anding, 1210 Normandy Dr., Southlake, opposed. Name included in attached petition. Two (2) responses were received outside the 200' notification area: • Richard Ponder, 1200 Sabine Court, Southlake, opposed. "Currently shown as medium density residential under master land use plan and corridor overlay land use. All property around site is residential in use. A 10,000 sq. ft. 2 story bldg in residential is totally unacceptable." • Laila Zarroua, 1308 Normandy Drive, Southlake, opposed. "Please keep residential area residential area." • Tom Chapman, 402 Valverde. Court, Southlake, opposed. Resident states concerns with the development along major corridors. See attached letter. A letter stating opposition has been received with twenty-four (65) signatures. Seven(8) residents are within the 200' notification area. Seventeen(57)residents are outside the 200' notification area. Letter states, ". . . we do not believe that the requested rezoning of this property is in the best long term interest of the city or its residents . . ." See attached letter with signatures. P&Z ACTION: February 20, 1997; Public Hearing continued to March 6, 1997 due to Resolution 95-24. March 6, 1997; Motion to deny failed(3-4). Approved (4-3) subject to Site Plan Review Summary No. 2 dated February 28, 1997, 1) allowing variances as proposed: a) Item#1 a(4' Stone Post/Steel Fence in lieu of"F 1" fence with 8' screening), b) Item #1 b (40' building setback along east and 25' building setback along west in lieu of 4:1 slope), c) Item #1 c (27 parking spaces instead of required 42 parking City of South lake,Texas spaces), d) Item #1 d (no loading space instead of the required one loading space), and e) Item #le (driveway being 108' from existing off-site residential driveway to the east instead of required 500'); 2) applicant to work with adjacent home owners to the north on fence gap; 3) provide 3' berm and evergreen plantings along the north; 4) eliminate,frost,or raise windows of the second floor on the north side of the building so that a 6'person cannot see out; 5) lower building height by 3'; 6) screen view from the north side of balcony. COUNCIL ACTION: March 18, 1997; Approved(7-0)applicant's request to table until the April 15, 1997 City Council meeting. April 15, 1997;Approved(7-0)subject to Site Plan Review Summary No. 3 dated March 14, 1997, 1) allowing variances as proposed: a) Item#l a(4' Stone Post/Steel Fence in lieu of"F 1" fence with 8' screening), b) Item #1 b (40' building setback along east and 25' building setback along west in lieu of 4:1 slope), c) Item #lc (27 parking spaces instead of required 42 parking spaces), d) Item #1 d (no loading space instead of the required one loading space), and e) Item #le (driveway being 108' from existing off-site residential driveway to the east instead of required 500'); 2) horizontal/vertical articulation, as stated by Mr. Fernandez, shall make every effort to comply with the redesign of the building; 3) provide 3' berm and evergreen plantings along the north(eastern red cedars 8' to 10' tall planted at a maximum of 12' feet on center; 4) eliminate,frost,or raise windows of the second floor on the north side of the building so that a 6' person cannot see out; 5) lower building height by 3' as well as the new mitigated amount at 11 inches; 6) Enclose the north side of balcony. 7) limit the building to a size not to exceed 10,000 s.f.; 8) height of building shall not exceed the height of the tallest structure located within the Southridge Lakes Subdivision; 9) no pole lighting in parking lot; 10) pitch of roof will be 7:12. � a`2 City of Southlake,Texas STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary No. 1, dated February 14, 1997, Site Plan Review Summary No. 2 dated February 28, 1997, and Site Plan Review No. 3 date March 14, 1997, with the exception of those items in the attached Site Plan Review No. 4 dated May 2, 1997. Due to 20% opposition of property owners within the 200' notification area, a super-majority vote (6 of 7) of the City Council will be required to approve this request. L:\WP-FILES\MEMO\97CASES\97-005ZS.WPD L GooDwIN MARSHALL CIVIL ENGINEERS-PLANNERS SURVEYORS January 27, 1997 To: City of Southlake Community Development Department From: Goodwin& Marshall RE: A Professional Office Building on a 1.334 acre tract Attached is a list of intended uses for which Medical Air Services plans to utilize for the above referenced site. L REC'D JAN 2 7 1997 6001 BRIDGE STREET, SUITE 100 / FORT WORTH, TEXAS 76112 / 817-429-4373 (METRO) 1 1 I SECTION 18 O-1 OFFICE DISTRICT 1 18.1 PURPOSE AND INTENT-This district is a commercial category designed and intended for the exclusive use of office and office related activities. It is established for and will be allocated to those districts capable of supporting commercial activity of an office character. It is envisioned as possessing a lower overall intensity of use and development when compared to other commercial categories. It is particularlywell-suited for environmentally vironmentally sensitive areas and those sites in which natural limitations make full area utilization Iinfeasible. It has been established to encourage and permit general professional and business offices of high site quality and appearance, in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to be generally compatible I with existing and future adjacent and surrounding residential development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and development trends,suitable for the establishment of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional P areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development within this zoning category must provide a low intensity of land image and site coverage to enable the site to retain its park-like image. 1 2 PERMITTED USES a. Office Uses 1. Accounting and-.ax preparation; 2. Adjustment and collection services; 3. Advertising agencies; 1. Architecture; 5. Banking; . 6. Billpaying services; 7. Business corporate headquarters (when used for office purposes only); ..8. Business holding and investment services; • 9. Chamber of Commerce; (.... RECDJAN 271997 0 1111 10. Chiropractocs; 11 11. Computer services; display17 Consumer and mercantile credit reperng— ____ 13. Conactors offices (provided no outside storage or . ed); (.14. Dentists; 15. Duplication and mailing services; I 16. Employment services; 17. Engineering; 18. -Finance; 19. Interior design; 20. Land surveying; (De 24. Law; 23. Optometrists; providing24. Other offices of a business and/or professional nature including . merchandise. • 25. Physicians; 26. Podiatlibtb, 28. Psychologists; television29. Radio recording and •30. Real estatc and insurance; L PI 31. Savings-and Lean; L ge---- ofices; 33. Stenographic-cervices; -3-'l. Tifile-eemp �; •35. Travel bureaus or services; 36. Utilit ffi ; b. Community Facility Uses 1. Public,semi publicmand private parks; e»ds, parkways_gre a , t�,re centarc �n� bird �n�l w ldlif�Sa tuarieS(line y--�� 3. Libraries; 4. City halls, fire and police stations,-and-other municipal „ses; and 'kf 18.3 ACCESSORY USES -In addition to those accessory uses specifically authorized in Section 34 of this ordinance,any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 18.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance,subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 18.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations shall be applicable: Pi 43' . _ ®®®o®0,�;i (lione• . . if.1i H I 1 i III14rVt ill, . g;f Y `` i r .. rr' .'\ • 06' E 14r5r-'\ — I. }i E ( } I • Y • III \ - Jrn' I/ir �� :r.,rr� 4 j 1 II a31k.%'- t -. r � 1�;1 I�1 = / o 1.344 ACRES . IIa_{!iE II II gp• j' • { __ I :.: ai ' t ! iI ' _ � 0.0 I _ ' I - it;I I ji 'E:"• I '� —.r ,4 (ram' i (.k • I�' II e (bilie . - ".' ir I t_ 40 Ails I iiiic ae I1 . I'li. t- ia:� P I. I 1 �,�,�N• • I �i;,, It'll I <<. it 1. fit' \ F <- r' • • t YR i i i > �li. / I �41 � r �� •tit;•. r p i ' _ w / • i,-_:; - .:,... g - i L _ � I • tt 1 31. \- w^ -r r •• r 1 •• 5) 32bb' W 140.�I5' ` ra F.M. HIGHWAY No. 1709 moue t.:20'• f k (SOUTHLAKE BOULEVARD) , s r —s .(kr' SCPL2 s l'..20' .. REC'D APR 2 5 19B7® wainn• .—... • 9'I-o-oS' a loom AM ttRlat ItfOtit�0lt . '. s hti • i o.y..s .raawa�..m. a ;� �- • ` � Fernandez Architects ,. sgt.. a. a-30-1997 12: 17PM FROM P. 1 Fernandez Architects FACSIMILE TRANSMITTAL SHEET TO: &Mgr 44,1( FAX NUMBER: 4.m• 37 FROM: � -_,-La. .,-ar DATE: 17,V "7 SUBJECT: S_ - �.mi �..�,rr NUMBER OF PAGES BEING TRANSMITTED (INCLUDING THIS PACE): 2 REPLY REQUESTED: INSTR1.CTIONS/MESSAGES: d Ga/ter i "Prl�� 74'..-) ler Ada "Vir/7 Ira 020P. 7!!/ . I vis 4,74/ €vi `a ‘ / !cl/!/p60.; DY�� 7 dA C . f W .0<svAriner,1% L/- i h i�i�/ir-o 7 .r7r. - o �LYO S� J tlt� 4:,:0" vviy�rr. ll 7Ilj� � 10C(,/ - C-�_ ..., tin 4.,� ... 70„.. ..e..41- 7,..,7 "1,_ .,ems , (....- 4 fip, 47-xi.", 7Z-17/4 1017 BLUE LAKE ON svE • snit,- wna,u rc v .. .. "— _ .. . . RECD A P R 3 0 1997 i if -ip 4.-30-1997 12: 18PM FROM P.2 0.41,e. / VepAt,"V ti \450 54.4ti :, •',i9 Lfrn; v &- 4 BLLO OCK 9 1 / LOT la BLOCK 1 1 NOTE: AN EXISTING 6' W000 FENCE EXISTS APPROXMATELY 5' NORTN OF TIt Pl. / 5/8' IRF 8'• ONE -••T/WOOD ENCE 5.8- IRF el i&cl. O p / -If a _ N89 55 ' 6" 4i.l17 OW ,�p c� o� :e..., _, + BUFFER YARD /� / ,'�� oROVIDED �`y •vS�Lh a /. a'/ l.�/i r U LANDSCAPED �/ onC,- c/"'• l�,o p /u'' OPEN SPACE .'oiA.s,ER /!1/Ci/ Atd 44 <-1. .I5 `p 7vCEN w 11.> d:u. ., 821c. //" / 'o o ' Cc ' j�0C, I✓0 voy } r o l' ¢ .., Li / W•W v W U. 41.1'''. "T ‘dra,..0-erips..•• cre, _‘• t6_ ii = * L. u_ s` L ,,,,,,‘ aty ( r/. 457‘403 • .o • LL 1 N - r cc f/Z a Iz •>- >- o`w / 7V2 . O ' ` Irk l --- 1.•.OTC l•MC \9t i, CIIPIPOW / z �• �STwc7wc I7 p In ,N41.. . 4 o Ir, `� — ti erg' ''' CD'' ,.• p %SSC, .. :iere, ‘1,7 0 cr - •, th Et, \ q C e� .; z 0• X CIIT/E OWS= is:iO 5— v c\-•-► N, Y • . 0 la: 4' N iDV z T ED• o �O TOTa4 MUM ROOK AICA.q.044•!. J CO N*.O C FOOTURIC i A.S.1..•.,. • C', 6�'y. 0 26' a• (awe , \ r[70.mTcco LTE f/qq[ 48• NE•, L -4 42' STO i 1 t {ram (`,,►� • tL _l 47'STONE WALL i I I I i / J ---r`- • I 0 -t1 04/30/1997 12:21 4463116 GOODWIN MARSHALL PAGE 01 C FACSIMILE COVER SHEET GOODWIN co MARSHALL E' MOO. C M INC C RS e pL IAKC aS e SURVEYORS 6001 Bridge Street, Suite 100 Fort Worth, Texas 76112 Metro (817) 429-4373 Fax (817) 446-3116 Date: 4 3 O `�1 To: -1045 A4.d y From: _ 7L 6-Lc,/s rv6)n Subject: /� ,1co l Number of Pages Including Cover Page: el - Phone Number of Receiving Facsimile Machine: 48 — 93 '9O If you do not receive all of the pages, please call (817) 429-4373 and ask for: Comments: r--Uecti at( -, 14 �n C RECD APR 3 0 1997 CJ4/JCJ/1771 1L;Lt 44b.311b GOODWIN MARSHALL PAGE 02 1, 5000.00000, 5000.00000, 100.00000, L. 2, 5000.00000, 5140.59470, 99.74072,X ON TC 3, 5065.55465, 5031.62568, 101.57825,SW HS CR. 4, 5099.23846, 5094.56775, 140.48598,RIDGE • r tCon 5, 5082.24590, 5095.07759, 101.55965,NG `� "`� ,- r 6, 5000.00000, 5000.00473, 99.97974,BS CHK 7, 5000.00000, 5140.59470, 99.74072,BS CHK 8, 5082.25052, 5095.04940, 96.54837,NG 9, 5000.00000, 5127.47835, 99.22140,X ONT/C 10, 4887.01711, 5055.93848, 141.38581,R1DGE t 11, 4919.97536, 5050.81565, 102.18093,Fk' ' ` '" 12010 13.3.0.e. �-4 12, 4872.25494, 5128.30516, 101.35542,FF 13, 5000.00000, 5000.00412, 99.97362,BSCHK 14, 5000.00000, 5112.98468, 105.63163,X TC 15, 5080.29760, 5069.51509, 134.11765,RIDGE 16, 5073.84554, 5067.83788, 98.63330,NG 35 "`.I 013._ _ 17, 5073.34116, 5105.17554, 98.86701,NG 18, 5000.00000, 5000.00025, 99.97462,BS CHK • L RED APR 3 0 199 b4/it)/ii 1Z:L1 4ab311b GOODWIN MARSHALL PAGE 03 CM Definitions: SS: Side Shot; TR:Traverse; OC: Occupied Coordinates; PC:Point Coordinates;CM: Comment;OS:Occupied Station; TS=time stamp; e=electronic;m=manual; CM TS FRI 04/18/97 10:16:3 8 A PC 1 5000.00000 5000.00000 100.00000 PC 1 5000.00000 5000.00000 100.00000 SS e HI:5.080 HR:5.050 X ON TC 0 1 2 BAZ:90.00000 AR:0.00000 ZA:90.07050 SD:140.595 SS e HI:5.080 HR:5.000 SW HS CR. 2 1 3 BAZ:90.00000 AR:295.45150 ZA:88.49150 SD:72.800 CM AP 1 +313.3710 CM AP 1 +319.0745 SS e HI:5.140 FIR:4.990 BS CHK 1 2 6 BAZ:270.00000 AR:0.00000 ZA:89.57500 SD:140.590 SS e HI:5.140 HR:4.990 RIDGE 1 2 7 BAZ:270.00000 AR:65.07100 ZA:71.58500 SD:115.036 SS a HI:5.140 HR:4.990 NG 1 2 8 BAZ:270.00000 AR:61.01300 ZA:92.02100 SD:94.078 CM AP 2+065.0705 CM AP 2+061.0220 SS e HI:5.080 HR:5.050 BS CHK 2 1 7 BAZ:90.00000 AR:0.00000 ZA:90.07050 SD:140.595 SS e H1:5.080 HR:0.000 RIDGE 2 1 4 BAZ:90.00000 AR:313.37100 ZA:75.31050 SD:141.580 SS e HI:5.080 HR:0.000 NG 2 1 5 BAZ:90.00000 AR:319.08200 ZA:91.36150 SD:125.764 TR e.HI:4.980 HR:5.110 X ONT/C 2 1 9 BAZ:90.00000 AR:0.00000 ZA:90.17300 SD:127.480 L 7,1' 4 REC'D APR 3 0 1997 CJL+/ 177/ 1L:L1 44billb GOODWIN MARSHALL PAGE 04 CM AP 1 +063.3940 - CM AP 1 +057.3505 CM AP 1 +044.5230 SS e HI:5.200 HR:4.890 BSCHK 1 9 13 BAZ:270.00000 AR:0.00000 ZA:89.48050 SD:127.475 SS e HI:5.200 HR:4.890 RIDGE 1 9 10 BAZ:270.00000 AR:302.20400 ZA:74.33200 SD:138.737 SS e HI:5.200 HR:0.000 FF 1 9 11 BAZ:270.00000 AR:313.46150 ZA:91.09300 SD:110.843 SS e HI:5.200 14R:0.000 FF 1 9 12 BAZ:270.00000 AR:269.37450 ZA:91.22300 SD:127.785 CM AP 9+302.2030 SS e HI:4.980 HR:0.000 RIDGE 9 1 10 BAZ:90.00000 AR:63.39350 ZA:73.53350 SD:131.223 LTR e HI:5.160 HR:5.060 X TC 9 1 14 BAZ:90.00000 AR:0.00000 ZA:87.11500 SD:113.120 CM AP 1 +310.5300 CM AP 1 +312.3420 CM AP 1 +325.0640 SS e HI:5.150 HR:5.070 BS CHI( 1 14 18 BAZ:270.00000 AR:0.00000 ZA:92.54250 SD:113.130 SS e HI:5.150 HR:5.060 RIDGE 1 14 15 BAZ:270.00000 AR:61.34150 ZA:72.43300 SD:95.622 SS e HI:5.150 HR:5.060 NG 1 14 16 BAZ:270.00000 AR:58.33350 ZA:94.40550 SD:86.843 SS a HI:5.150 HR:5.060 NG 1 14 17 BAZ:270.00000 AR:83.55200 ZA:95.18350 SD:74.074 ,. 01997 kE.n APR 3 . , ..1,-•• .,< ;.;.....,:...,...:...„,. ..t.. %." , ...''. 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' :.,-t:::•-:•..,_,..,';,;',.,>...ri:.,1!..7..; ,....;‘,-:,..tiv 50 I •"!,..„,,..-,74.;i,"-}r.!1...1"1-•.,,• . .A .,.....-'• of -Ike. . ...-^....,1!LI.T!;la"! ..r., i ", •••• • .!:'. , 1,4....e.,,,,,,. •-,... :,....,• . ..- - •••-, ,-;•.•„••••;y.,,...,ir...,, ;,•4,--...4:_..c...3,. .1.,•„4:•,...,#••.•••••••.3-,...-,•;•,-.1-:.-of.f#. • • - -...r.„.tAgg-:'• Auf•••c•titv.#•,010 ,-.4,41•11-.• - ---•,-,, 1,.:.........•-•.--...--.•t•-•••:•:,-•••••• . -,---. ;......,..,A, -,-.,•4•-•-„, -,. ;.•„,.1.:::.•4•,-,,.....,::,;••••,,-.:-:....?-444 -41,,.•_?;;;-. .. • • --.4,44:••,_•.___.,,,,-_-_,•.,_,..„._,,_,,.,„,„_,.,, • - • :.•-• ,. -,- 1-.1-.:.'•••:=4- .•,. •...•-•:..1••••••••,-,,F_•%•-••••.,•• •:.•-•,••:-:••••-••s.:4•••-•.-;••••01.;;;/.24•AP;t• •%c MEDICAL AIR SERVICES ASSOCIATION PROPOSED EXECUTIVE OFFICE BUILDING SOUTHLAKE. TEXAS L. RECD JAN 2 7 1997 6) Fernandez Architects 1017 BLUE LAKE DRIVE • FORT WORTH , TEXAS 76103 • ( 817 ) 496 • 0307 MEDICAL AIR SERVICES ASSOCIATION PROPOSED EXECUTIVE OFFICE BUILDING (how, VARIENCES REQUESTED: 1. SECTION 43.11 non-residential building required setbacks based on 4: 1 slope and 40 'building setback from property lines pertaining to the proposed developement's west and east property lines only. This prohibits all but the smallest of single story structures, much smaller than the surrounding residential structures. 2. SECTION 39.4 Non-residential use 8'-0" high required screening requirement as it pertains to the west property line and a portion from the southeast corner of the proposed developement. (or This requirement creats a very harsh barrier to the west adjacent to the recreational area (pond and tennis courts) . To the southeast corner a common access easement will be required to serve any future developement, this is also where a drainage creek is located, plus we are proposing to provide a vehicular traffic gate in this area to' prevent unwanted after hour passge to the rear parking area, in response to comments from the residents in the area. 3. SECTION 35.6.B Required parking based on building floor area criteria rather than actual staffing requirements of the proposed development. Maximum staff requirements for parking spaces are 27. L ?ifrr) e Lzo _ ay. _ �a lID a D1Da 'L. _,___ _I-- a D L....L,/ h ) . e kg — Li 111 1 1 a s till ° li I I I I I I - 1-3- A ciD Elli • - D D 8 8 ;11 ,l v io 0 a a a. Li 0 _� - \" . u u,.: % — D 0 . i . 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L �11 IIIIIII-,IIIIIIIII I111111111_ ' to. ....„E‘ 11.147.1 - ` ' 42" STONE POSTS/STEEL FENCE 42" STONE WALL tikre-� ri Mir"' PI .17-12.-1111111111111111111111111111111 ri:____ I Iiiimmig ignr......14._ b..T.74-01. Ille . 8'-0" STONE WALL 8'-0" STONE POSTS/STEEL FENCE r , c ., I. Lt. 8'-0" STONE POSTS/WOOD FENCE r-G r QT L 7A--A0 IN \ 1 February 10, 1997 Mr.Joe Wright Chairman, Planning and Zoning Commission Southlake, Texas 76092 Dear Mr.Wright, In the summer of 1990, my wife, Sharon, and I moved from Dallas to 1202 Sabine Court in Southridge Lakes. What initially attracted us to Southlake was the quality and style of living offered by both the community and the Arvida development. Before purchasing our home, we carefully checked the surrounding property to ensure it was zoned residential, which it was. Soon afterwards, the City of Southlake completed a land use plan which further restricted and guaranteed the land adjacent to our property for residential use. Recently, the P&Z was notified of a proposed zoning change to a portion of the land from AG to 0-1 (ZA96-158). The proposed plan for the property was presented by the developer and his client, Medical Air Services Association, at the P&Z meeting on January 9,1997. Almost sixty residents from three different developments (Ginger Court, Stone Lakes, and Southridge Lakes) submitted a signed petition to the P&Z voicing opposition to the change from AG/Residential to 0-1. After lengthy discussion, the Board requested that the developer meet with the residents and help address their concerns and re-submit under an SP-1 zoning change. The developer has yet to contact me or conduct a meeting with the homeowners most affected by this change. LDuring a Southlake City Council meeting when Gary Fickes was mayor,the Council affirmed that strip zoning of F.M.1709 would not be tolerated. Consequently, the land use plan was created to designate locations appropriate for commercial development. Please remember that several houses have been built along West Southlake Blvd. (F.M 1709)in Stone Lakes, Myers Meadow, and Timber Lake since 1990. My request is simple-follow the Plan, and reject indiscriminate strip zoning. Doing so will result in a community we can all be very proud to call home. Should you have questions or wish to discuss the matter further, please feel free to contact me directly. Thank you for your sincere interest and concern. Respectfully, c7y.j'y)--,_ ____ Ken MacMorran 11_0 - SMoir1 cr LT. L RECD FEB 181997 3fI I Wl ZI k* NI(lapin I12of3 (tro, Tom Chapman 402 Valverde Court Southlake, Tx 76092 (817)488-3476 March 18, 1997 City Council City of Southlake 667 North Carroll Avenue Southlake, Tx 76092 Re: Zoning Case ZA 97-005 Dear City Council Members: I have been told, when SouthRidge Lakes Estates was developed, it was to serve as a model for other residential communities to be developed along Southlake Blvd(State FM- 1709). SouthRidge Lakes has expansive green scape and seasonal flowers at it's southern entrance. Lakes on each side of the southern entrance greet homeowners as they arrive from a long day of work or a day of errands. (re Again, SouthRidge Lakes is being as to serve as a model. Now the SouthRidge Lakes neighborhood is being asked to allow multiple story commercial developments to be built next to it. Developments that maybe architectural pleasing for commercial development, but detract from the look and feel of the SouthRidge Lakes neighborhood. A group of SouthRidge Lakes homeowners meet with Mr. Green of Medical Air Associates and his'architect on Sunday, March 16, 1997 at our club house. We meet for over an hour with them. They explained their plans and answered our questions. I believe that Mr. Green and his architect are sincere in their plans to build a quality commercial development. I have nothing personal against Mr. Green. But, I am opposed to the development. I realize the Corridor Study and the Corridor Overlay Zone are guidelines for commercial development along FM1709, Highway 114, and FM1938 in Southlake. However, it has been my understanding that the intent of the Corridor Study and the Corridor Overlay Zone was to control commercial development along these corridors so that a balance of residential and community developments would be obtained. I strongly believe this balance will be upset if multiple story commercial developments are built in close proximity to residential neighborhoods. L RECD MAR 181997 31A11997 21ci h■Minn Pg9 of3 Le. I do not want Southlake to become another Plano, Addison, Irving, Arlington, or even Grapevine. I like the rural atmosphere, the residential character, and the high quality of education my children receive in Southlake. In conclusion, I urge the Mayor, the City Council, and the Planning and Zoning Commission to reject this development and to request Medical Air Associates to seek a more suitable site in Southlake. Also, I am requesting the Corridor Study, the Corridor Overlay Zone, and the Land Use Plan be reviewed as it pertains to commercial development juxtapose to residential neighborhoods. I believe assumptions were made in the original study that anticipated high intensity commercial developments would "not...be placed contiguous to or in direct proximity to residential zoning districts". It can be seen with the Aguirre, Inc. and Integrated Health Systems Assisted Living Facility Request and now the Medical Air Associates request that commercial developers will build high intensity commercial developments near residential neighborhoods if the current zoning is not amended to prevent these developments. L L 740 �--- - V7Do I) I * . 16 February, 1997 City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Attn: Planning and Zoning Commission Mr. Chairman and Commissioners: We are writing to you concerning the requested zoning change of 1.344 acres at 1302 West Southlake Boulevard from "AG" to "SP-1" with "0-1 uses", Reference No. ZA 97-005. We commend the Planning and Zoning Commission's desire to pursue a compromise on this issue that will satisfy all parties. However, we do not believe that the requested rezoning of this property is in the best long term interest of the city or its residents for the following reasons: 1. Both the Master Land Use Plan and the Corridor Overlay Land Use Recommendations specify that this property will be zoned medium density residential. While it is currently zoned ce "AG", its current use is residential which is consistent with the Master Plan and Recommendations. Allowing an office to be constructed on this property is clearly inconsistent with the Master Plan and Recommendations and provides a foothold for commercial development in this area. The adjacent 3.5 acre parcel east of the subject property will likely be the next to request rezoning to allow commercial development. It will be very difficult to prevent the commercial development of the adjacent 3.5 acre parcel after an office is constructed on the subject property. 2. The proposed rezoning is clearly inconsistent with the surrounding land use. All adjacent properties are residential, both in zoning and use. 3. Residents in the surrounding community are overwhelmingly opposed to the construction of an office building on this property. A petition opposing the previous rezoning request(ZA 96-158)contained the signatures of 58 residents of the surrounding community. This petition was provided to the Commission during the January 9, 1997 Planning and Zoning Commission meeting. Please note that the petition opposes the construction of an office on the subject property and remains valid even though the Applicant has changed his requested zoning from "0-1" to "SP-1". Additional copies of this petition will be provided at your request. L REC'D F E B 181997 4. Traffic congestion is already a problem on the section of Southlake Blvd. fronting this property due to the traffic light at Southridge Lakes Parkway. During rush hour traffic, cars back up to the subject property making access to and egress from the property difficult. An increase in the number of vehicles accessing the property that will result from its use as an office will create additional traffic congestion and a potentially dangerous situation that could result in accidents in the future. En addition, the driveway does not comply with Driveway Ordinance No. 634 because it is only 108 feet from the driveway on the ajacent property to the east. Ordinance 634 requires 500 feet minimum spacing between full access driveways intersecting Southlake Blvd. It is not clear how the Applicant plans to address this issue. 5. Placing an office in the middle of a residential neighborhood creates a host of potential problems including uncontrolled use of the subject property after business hours, uncontrolled access to the adjacent residential properties at all hours, compromised privacy of the surrounding residential properties, and noise pollution. We should not be misled into believing that these problems will be prevented using controls such as an electric gate to control vehicle access. The owner will have no motivation to keep a vehicle gate operational that he installed solely to satisfy the concerns of the surrounding residents during the rezoning hearing. 6. This property is clearly unsuited for the proposed use. A two story structure is necessary to meet the developer's building space requirements due to the property's size and shape. A two story structure creates numerous significant problems. The developer will not be able to meet slope setback requirements for both the east and west property lines with a two story structure and has requested a variance. Setback requirements are necessary to ensure that the appropriate building density and ambiance is maintained in our community. Setback requirements also help preserve the privacy of the surrounding properties. We are opposed to the granting of this variance. In addition, multi-story commercial buildings are not appropriate adjacent to residential properties for reasons of appearance and privacy. It will be an invasion of our privacy to have the building's occupants looking into our back yards from their second floor picture windows. If allowed, this will be the first multi-story commercial structure fronting residential property along Southlake Blvd. L Finally, if the rezoning request is approved, the current owner will sell the property, collect his money, and leave the community. The residents of this community will have to live with the impacts of the zoning change forever. While the Commission's compassion toward this land owner is understandable, we do not believe that a decision that benefits only this owner to the long-term detriment of the rest of the community makes sense. Accordingly, we urge you to deny the requested zoning change when it comes before the Commission on 20 February. Thank you for your support. Adjacent Residents (see attached signatures) L L 't) (be Residents Opposed to the Rezoning of 1302 West Southlake Blvd. from AG to SP-1 erence No. ZA 97-005) signature signature ,At 71. name /Crn/iW 4-- `� �oNvE�- name ��N f•� �/TZ�J/4-�1 C address m'o _J��fu�� '� ��1uT/iz/, address j 20 3 s S,K- C / signature Q!Gl l ��;� i �- signature A 4_e d,Cd4eA name L'97ie%/J /e/V/W7 name Col L 3/e Iso e__ address 0'c'' ' S/- 4/ (' address /20f (bp, signatur signature , name tarvi/-ri T o s name V a ,' ledJ 6-e address o*,b •So u+kri0' e s Pkurtddress f O( 0-4- ) • signature signature a,6 ' name C� �" -S riam 67,,s m , 09rvni address address /9q0 (j1:a-de,):Le- au-4/ signature signature name i-P4name S e,t/QA/V F( d IC4 address f c)-1¢Saiii\ CI S 1h_14' address fa 1 c ,S1 lQ-' L C., Residents Opposed to the Rezoning of 1302 West Southlake Blvd. from AG to SP-1 (Reference No. ZA 97-005) signature signature name l }&,7 n name S -"7 16-t'5___- address rSO e-ertgac e• address (f 61 6/AJ fC : signature ' thOhsignat flaje name be , r\ name -/�'44 y •�T74, ./eS � address 300 -71,1 C', address // 9 ,/V6 Jf C(ire 2 signature signature Lname "`-- name cjJTt0 address / O 6 / & c,f- address -S S 0 GI 6L-a__ CO UP-, signature*WA1-02-) ' signature )1(4-7 name 1 V' I In, s-f(,( r c.e.Q7'.c.-J name /Ei 22:/ ZA1744„/ address �� G(.�GI,Q i address /0Q / I'l�, G� L signature • 4 , signature i Do..�g 1' \ name { X \ ' i 1 ILK- (Iv name °..'C'k kl N,c., ,, ,ram address 9 O G/N CAE iE Q.j, address O t S ew aA< Q-1' L Residents Opposed to the Rezoning of 1302 _West Southlake Blvd. from AG to SP-1 (Reference No. ZA 97-005) signature 0Jsignature 51efO 41&,.64- name B rj S4 name J 4.1 y Se.b iV address //�� e 7-c5Z/ f9'/ %1rj e Y address �6 �q /� �` VU 5 signature .SC signature 4,11/4.(1 in�Ya(YlZ�� name �c/�c/ 1 6 1-Z name Lesr r1'1. fCrGn2 address 15-0 Gi„ e/ ��" address CP00 oinr( a signature i ki rij i signature 1 � 4/..g-Zz~e/<_ name r, i(,l)1/6 name „Ale 1 4 6(4 NiGt4 KO address C71/Iet4- address /si' 6//tJ6 ce C_T signature k signature name k try. -kr- j-5 name /JI'id& A /i address350 C-I.P,( address 1/03 B YO_Z 5 Lam►-, signature �/, g signature ��__w iir name Q S a name i.In01 jUlyki2Y address 3 1 j4 cl k T1CO Cl rG Q, address 4( Sottfhr 1 ctok La-Cos L (10.- Residents Opposed to the Rezoning of 1302 West Southlake Blvd. from AG to SP-1 (Reference No. ZA 97-005) signature signatureALui,f) name G. Dan►el Clc4. name Sh ar0n �-. CI c ►'l� address 2.cis Pon!ems address 0 Sou_.hlcvke IIC 74,c. signature 0��t/i-g signature • name 44 41®Z name I f � address 4//.2 -,SvTyero6,sr lrsl. / address a lab ( (CI - 9 o;1x Won signature 61.46,41 I, �,� ,/j) sigmatureA;) 2Z&P.Le.c/ name 214M) l4P�;cdb,- name /./ SQ ( M /(✓1 Q L address / 4j 'ow address la/a 8r'rc Z o S Di . signature G. 4 .,>0.0-, signature name 2,L J M4)(-) name g-Criu 9r(\r- address 102 Cr address 3 Q V N J signature 4/1/A/1 signature name n rl e E. O ctaruv O©,A_- name address t 3 i �Q(4,5 �. address ///9 7 /4- -s 4 Residents Opposed to the Rezoning of 1302 West Southlake Blvd. from AG to SP-1 (Reference No. ZA 97-005) /46 signature signature 9 v' name M T�(-c. JJ Naq✓ hl k name *655 Cu. address goa kf e b evc9 Gt. address P01 signature signature name nil (Ala/ 5-ti9 ,'n 1 name t G. L P 13-L 4 r 1l1 address VI/ it./ ,`�1`�a (- Y address -1 or r CS/ Pic) C� signature„✓I� � signature.x.ge„e,�� , name All GI•ME ca. 14e/4 t_C_ name CA nd AC -q 1/ Liu c1 address ' plus lj ro C r' address EO 9 f r�5 i.ci o �( signature signatu name _ , --PqPZ-p}J _ name , CI address /1 Og t3�r �5- address 5 O S Co RXECC COUq- signature signatur `� o name 1\6( -O name (�', j- (J.�, gGt/1.t address 2o(6, 220V ve.Coth e.- address } z c i e Cr: -)11-3 ) (Iiii., Residents Opposed to the Rezoning of 1302 West Southlake Blvd. from AG to SP-1 (Reference No. ZA 97-005) signature cta,u.i signature 74//d0414-: name Denny, J r'oLQ,n name Arny LG:ki)') address 1(0 Oc, , t- Lb address )O Do '1 Ic y O, 1 1 1 signature signature �V t / �i J name / �t e 11 �,•/1�9 k, d name c SV e,,e LA -i a.) e S. S i address /e to 4 V,Za�S Jar• �� address ��/� f:.l o.,v��y�� ! � / . signature g ia„p l. - signature name / 'I k e,I li e co Q name ;A l address 1�1,6. leccas b rive address / ti Z 91//►Qi (/ signature signature name aick L-C,l GPI name / / P21 address 3(X) .Sou FA I ' - 144 k 6address / 2' ij'1i Jc 6r, signature signature P0411. CL- (31 name L `Fog name pA, L A- ' o + zci address Cho eA.112a, address 2C93 So u7 l) R 1D6tc, LKS 1)Kui- (...- ?l1'5 h Residents Opposed to the Rezoning of Ihwe 1302 West Southlake Blvd. from AG to SP-1 Reference No. ZA 97-005) signature signature r name l S name /6 le ex) 411-0/ rcecll address Ul e address 12-0/ fa�71 7cuG\1_ Croc-ciZ / 77/ 76 a7 signature AL p �� signature -�f�� Le71 (� name h eq eM `;r. I b v,r. name 11 a-a e a(Lc21 r address aQLQ CA c;Clo address ( r (be signature %. ? signature name Q `cljc-\.es? ` - name /?11( Alt/ &.ie.l,qtlD address 2Q(c address //, Sea 4'f-- signature - signatur - name OV nr-iv,c�(g. -00 sz146 I7 name . 7 o w 4zs A D e i I A-S(G address l 2(() s: fp r Cf. address PA (vim ' d‘C c,(, P l signature 6signature name ecyc �S name address "ft) ) C ece C address L 74 -'3 Residents Opposed to the Rezoning of 1302 West Southlake Blvd. from AG to SP-1 (Reference No. ZA 97-005) signaturin signature name ilv, De es name address /0$ 5-69„vs-JaCL1 fn C�� address signature signature name name address address signature signature name name address address signature signature name name address address signature signature name name address address 74-31 Adjacent Residents Opposed to the Rezoning of 1302 West Southlake Blvd. from AG to SP-1 (Reference No. ZA 97-005) 7" signature ALL/‘141 signature name Vui 11l•ah1 (7, Leary/ name cr d v -P address (2-O4 kkh/11-c Cr, address ( 3 (la do✓. 4gl�) "/✓ • signa kJ edil name C5 "ieW 1D name A i , ✓� address /3t0 ilorrrioidji l ' . address (a-e Y Sa-lj L el-- Coe signature 2/al-Ck- ,- £ e signature )e --. name r—�a/0 r)&244104'n 7 .40 v c Lr✓c-F-� i . 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",t •K .1 b I .. t. - ____ 3.5 AC - - - - - 7_ _ _ _ _ - - �SLYD t It State of Texas SOUrI'RT�KE TR ►B ii,.. 0 .773 O 120 los •R 18 = to 14 »- » o TR •1A2 I _ c .088 O TR iMA• F. 9 c0 U O N C S 0740 • g 17 16 - g 03 ti Q 10 I • W• t . (9, u_ Y .1 t ss ill 13 NORMANDY DR 2 et los lax • TR 1A TR 1A1 1.412 O 1.426 O 1.0 •• 29 PUD v 35t'3 27 ? 28 u lol1" 1` Iaopt0 /Qly++1 •/.1 t• 4 26 �� t 13 s 12111111 1 ~ i 14 '# x �.' 10 1" 11 - 4 r. 5 ;� 25 �. _ o c0vt. 2 t .p 01 .6 1 a 6 SPIN REPRESENTATIVE#13 r`. 4, ,,e, tie '10 IP 'fp �• JIM GOGGIN , - c), t# 2 'g (.0, s = ADJACENT OWNERS 6; 4' '3 4. AND ZONING L % � I:1 1 t dR i 1•—�� MAYFAIR PL 15 S '�0 2 7 p a d S7 117 O / � ' 2 1 IE 11 _ " 14 • p / o t City of Southlake,Texas SITE PLAN REVIEW SUMMARY Case No: ZA 97-005 Review No:Four Date of Review: 5/02/97 Project Name: Site Plan for S-P-1 Zoning-Professional Office Building being 1.344 acres situated in the A.A.Freeman Survey,Abstract No. 522 APPLICANT: ENGINEER: Jerry R. and Karen Marie Black . Goodwin&Marshall.Inc. 1302 W. Southlake Blvd. 6001 Bridge Street. Suite 100 Southlake,Texas 76092 Ft. Worth.Texas 76112 Phone: Phone:(817)429-4373 Fax: Fax:(817)446-3116 CITY STAFF HAS REVIEWED.THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/25/97 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. k:7F'`T�'•S..& :.: . , y eK ;,y a; x ..r ;-maW:. p6 . 4 ¢ /�� :/j R 9;; 4.Y;:n ,.: .,, ,::t:..••,:- r 1. The applicant has requested variances to the following requirements: a. An Fl fence with 8'screening is required along the entire length of the east and west property lines. The applicant proposes a 42"Stone Post/Steel Fence along the west property line and proposes that the screening along the east and west property lines terminate even with the front of the proposed building. (P&Z Recommendation 3/6/97,City Council Action 4/15/97:Allow as proposed) * Please note that there is an existing 6' stockade fence, offset 5' north into the lots of Southridge Lakes and north of the north property line of this site. The construction of the 8' stone post wood fence for this site will result in a"vacant" 5' strip of • land.(P& Z Recommendation 3/6/97,City Council Action 4/15/97:Applicant to work with adjacent home owners to resolve gap) b. A 4:1 slope line building setback is required from the east and west property lines. The applicant proposes a 40' building setback line along the east and a 25' building setback line along the west. (P& Z Recommendation 3/6/97,City Council Action 4/15/97:Allow as proposed) c. 38 parking spaces are required. The applicant proposes 27 parking spaces. (P&Z Recommendation 3/6/97,City Council Action 4/15/97:Allow as proposed) d. 1 loading space is required. This should be shown in the Site Data Summary on the plan. The applicant proposes none. (P&Z Recommendation 3/6/97,City Council Action 4/15/97:Allow as proposed) City of Southlake,Texas e. According to the Driveway Ordinance No. 634,the minimum spacing required between full access driveway centerlines intersecting F.M. 1709(Southlake Boulevard)is 500'.The proposed driveway is approximately 108' from an existing off-site residential driveway to the east. (P& Z Recommendation 3/6/97,City Council Action 4/15/97:Allow as proposed) 2. Correct the number of parking spaces labeled in the row of parking along the west property line, north of the building. It appears 8 spaces have been provided and the label reflects 13 spaces. Also,correct the number of required spaces in the site data summary to correspond with the revised floor area(38 spaces required). • 3. Provide horizontal and vertical articulation of building facades according to the requirements of Ord.480, Sect. 43.9.c.1c.Compliance with the requirements are as shown in the attached articulation evaluation chart. Additional P&Z Recommendations 3/6/97: 1. Provide a 3'berm with evergreen plantings along the north property line. 2. Eliminate,frost, or raise windows of the second floor on the north side of the building so that a 6' person cannot see out. 3. Lower building height by 3'. 4. Enclose the north side of the balcony. Additional City Council Actions,4/15/97: 1. Horizontal/vertical articulation, as stated by Mr. Fernandez, shall make every effort to comply with the redesign of the building; 2. Provide 3'berm and evergreen plantings along the north (eastern red cedars 8'to 10'tall planted at a maximum of 12'feet on center); * Applicant has shown 8'to 10'eastern red cedars at 4'to 6' spacing on center located at the apparent base on the north side of the 3'berm. (See landscape plan) 3. Eliminate,frost, or raise windows of the second floor on the north side of the building so that a 6' person cannot see out; 4. Lower building height by 3'as well as the new mitigated amount at 11 inches; * Applicant appears to have complied, having lowered the building peak from 42'-9 3/4"to 38'-S 7/8"(lowered by 4'-3 7/8"). UBC standard height measurement is 31'- 1 15/16" S. Enclose north side of balcony. 6. Limit the building to a size not to exceed 10,000 sf; 7. Height of building shall not exceed the height of the tallest structure located within the Southridge Lakes Subdivision; * Applicant has provided a data sheet showing the tallest structure in Southridge Lakes to be 39.21'to peak(1200 Bowie Court). The provided building height to peak is 38.49'. 8. No pole lighting in parking lot; 9. Pitch of roof will be 7:12; * Applicant has provided a 5 1/2:12 pitch roof * No review of proposed signs is intended with this site plan.A separate building permit is required prior to construction of any signs. City of Southlake,Texas * Please be aware that all mechanical units must be screened of view from residential property and F.M. 1709. Also,please note that the 8' screening shown for the dumpster must be constructed of a masonry material similar to the building and the dumpster must be gated. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * 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 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 . att: Articulation Evaluation Chart cc: Jerry R. and Karen Marie Black Goodwin&Marshall,Inc. Medical Air Services,Nine Village Circle, Suite 540,Roanoke,Tx. 76262,Ph. (817)430-4655 L:\WP-FII ES\REV\97\97005SP1.DOC Articulation Evaluation No.2 Case No. ZA 97-005 Date of Evaluation: 5/02/97 Elevations for Medical Air Services Building Czeived 4/25/97 • Front-facing: South Wall ht.= 24 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 72 26 64% Yes 72 26 64% Yes Min. artic. offset 4 10 150% Yes 4 8 100% Yes Min.artic. length 7 19 171% Yes 7 19 171% Yes L.Side-facing West Wall ht.= 24 Horizontal articulation Vertical articulation R uired Provided Delta Okay? Required Provided Delta Okay? Max.wall length 72 42 42% Yes Min.artic.offset 4 15 275% Yes 4 5 25% Yes Min.artic. length 11 32 191% Yes Right-facing: East Wall ht.= 24 Horizontal articulation Vertical articulation Re uired Provided Delta Oka ? Required Provided Delta Okay? Max.wall length 72 42 42% Yes Min.artic.offset 4 6 50% Yes 4 5 25% Yes Min.artic. length 11 32 191% Yes Car-facing: North Wall ht.= 24 Horizontal articulation Vertical articulation • Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 72 28 61% Yes 72 36 50% Yes Min.artic.offset 4 6 50% Yes - 4 5 25% Yes Min.artic. length 4 6 50% Yes 9 14 56% Yes C VIl }}, `1 I • c, . , . ..... I . , 1 .... :�. =}a; =;: r =_fib;E i!r{{� F �8�j�:b i i . T. a _ I— !a Pg Y �F`3 Et Sl��. TM =a� •e� E��O�W��II,I !i ' cF �! iI' Ii 6 14 i lti I In' z Y$1 . .1 !:•!.. 1 ;d p .' q -6 : rS : _- past ;ii " a ` 'fit -' ;` •'•ifi ;' ta:3=¢ t-itii `�t� 1 ®gp�AAFy7�`7,I'�7iii9� �{.i- -, -�<I;I b 2 0 ��: is=tt~jjss -i 3�3t �Sxij� Ili ,!1[1!i'J'1!1 �i�.t:t(ii/ �e_Ta €i • ir. 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Z•E - • P.P. - '-: - i tmia'nmr-i i l t -- t { I" F I •- - -` � ,I� lx #>• a. + • Y+4 i ltifi„ IIMI • • - . ..41,. {a, t s ..-i, ti- a•" jrt_ - :}nays i (6.1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-231 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 1.344 ACRES SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, TRACT 1A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" OFFICE 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; (aire 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 producing elements and glare of the vehicular and stationary lights and effect of such lights on L:\CCYDOCS\ORD\CASES\480-231.WPD Page 1 _- L established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in L zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population,and facilitates the adequate provision of transportation,water, sewerage, schools, parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 1.344 acre tract of land situated in the A.A. Freeman Survey, Abstract No. 522, Tract IA, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from"AG" Agricultural District to "S-P-1" Detailed Site Plan District with limited"0-1"Office District uses,as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit"B". L:\CTYDOCS\ORD\CASES\480-231.WPD Page 2 711- -A7 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 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 L:\CTYDOCS\ORD\CASES\480-231.WPD � � �� Page 3 (U� Lof 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. MAYOR C L:\CTYDOCS\ORD\CASES\480-231.WPD Page 4 7 P. 2i'/ ATTEST: (imir• CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY (re L:\CTYDOCS\ORD\CASES\480-231.W PD Page 5 ^ '50 EXHIBIT "A" BEGINNING at a 3/4" bolt found in the north line of F.M. No. 1709 RO.W.) at (Souhhrdke Boulevard -called 130' the corner moron to the southwest corner of said Black tract and the southeast corner of Lot 1, Block I of S an addition to the City of Southlake Tarr outhridge Lakes-phase I, Slide 468 of the Plat Records of Tarrant County,�nty Texaseo , TX as recorded in Cabinet A, THENCE N 00°01'08"E(R , (Reference bearing-Per Plat recorded in Cab. A, Slide 468, 1, Block 1 of departingtlu•�dge I.akesnepha said F.M. No. 1709, along the east line of said Lot ce of 416.49 Plat 416.32 feet) to a 5/8" iron rod with a plastic cap found atth feet the northwest corner of said Black tract and (Deed 416.45 feet, Block 1 of Southridge Lakes-Phase I; the southwest corner of Lot 9 of aid to THENCE N 89°55'06" E, departing the east line of said Lot 1, Lakes-Phase I, along the south line of said Lot 9 and Lot 10 of said lock 1 °f Southridge Southridge Lakes-Phase I, a distance of 140.75 feet Block 1 iof ron (be with a plastic cap found at the corner common to the (Deed northeast corner to a said iron rod tract and the northwest corner of a tract of land as described in deed t ofoChl Black Alexander and wife, Iva S. Alexander, recorded in Volume 2537, Page Charles TW. THENCE S 00 0108 g 188, DRTCT; ° W, departing the south line of said Southridge Lakes-Phase I along the line common to the east line of said Black tract and the west Alexander tract, a distance of 415.54 feet (Deed 416.45 feet) to a 5/8"lineroof rodsaid plastic cap found in the north line of said F.M. No. 1709, at the corner iron with a southeast corner of said Black tract and the southwest corner of said Ale common to the from which a 1/2"iron rod found bears S 24°12'15"E, 1.07 feet; xander tract, THENCE S 89°32'00" `'feet) to alon the POINT the of said F.M. No. 1709, a distance of 140.75 feet(Deed 140.7 square feet or 1.344 atres of land. f BEGINNING and containing 58,553 C L:\YDOCS\ORD\CASES\480-231.WPD s/ Page 6 EXHIBIT !LB!£ €N¢(live , , V 4,,T2 g L ab TAP' 'II > . L Ity .d im ;1:: r 7c i 9 ism€- yyy�d:5 imfi¢ e H .,� !sl ,y euX.' 1bi i;Ag. ;Eme6` ;*a6 .rI } p. 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(1 L:\CTYDOCS\ORD\CASES\480-231.WPD J Page 7 - • .: - •, <r s.. €�su g t i- : . ' . — -.t:a�►ns wr•�r�t� Q : 'X: 4 - t... i 1' -. 116 c r .I' (G Cr- • f -' kt �kk ;'t ,f�, +. 4f .. Q CL r` rah I I �''`, :i Slit T jA t.i V At*NI / / ...:I II r /r r- •F c..7'', .tawu �.. - �. As wit yy th I •4141111111M— L 3:4.7;):t4:':.4:,7,-4.. s eceI.ei 11. t i ak;et ,•,i irf ;' ;maim i 'ii.■ li lanai , An NM /MEM, I BIEL it .li 11 IV • : , •Z 1 .e,; I Hill i� J:- - I Ifffll .... s ,....I .... I t..., • �� o_j ® i s a� 1 \ , •-e -::1'7.41.':: , ' .1 1 VI t VI } ;` t,. • 4 t ) \ ►. Y{,��t .I f F. - - ). [M,.t �— .mil i,;"•f _ Y '- i • + +^ fir - 7 , , .. .�: =/ -5.. ~ ,• L:\CTYDOCS1ORD\CASES\480-231.WPD ({ Page 8 . t a • v ..s3 ti ma r t �£^ Yr 2 pq1 ., •.. 1 �( 17 ) ryt b ✓ p�sp)5 _^ar z. '�". - t 'zf7 +2�y•f�`•� ~ , 4 '0 •�. •. 1+�, S, - ( l�lPal� ([.1�•` MINI•<w�la..0 N h. 3 .' ..,%,..,ti,. r t) '_;, ;',7t,+ rN' i+w•s N aK'% ^, ilf'fr r • ��e ti 1 X',r= �. n �!' ,.�. '','(EMT' P 1 r • 4 fir j ' ,,.a " 1. t i s 0' Alr t ., ,.... .e• `�y� c .imor ' � r •. .t ,a )vwy. ,.(-Wi s 1 •r -.P tt t} 'i �; � J '4 :Y• {1.1wYM '..t. 411" r .0 . Tf fM� V I. n 5• .. • Ile�x� ir1111111 M �n ----'--1 • r"-- I ,ccu. L r s le 11 ,I _i 4-> ,i`S � !;I! 1 . I.... II' pp . , i f4 • I: 1. i,Ili', ,_. . II eI k U s a I 1,..i 4.c. .i i IEEE' i 1:::::1 /1 I ' a. I eeeei I— 7 ��alb 'ate' s[7- 1; ,� , CS\ORD\CASES\480-231.WPD • ,; ....-•DO � . ,,h. Ar f '?4.- '�� The following requirements and prohibitions are applicable to the use of the property: G MAR ` SHALL CIVIL ENGINEERS—PLANNERS SURVEYORS January 27, 1997 To: City of Southlake Community Development Department From: Goodwin& Marshall RE: A Professional Office Building on a 1.334 acre tract Attached is a list of intended uses for which Medical Air Services plans to utilize for the above referenced site. L RECD JAN 2 7 1997 C L:\CTYDOCS\ORD\CASES\480-231.WPD SUITE 1 00 / FORT vvORTH,TEXAS 76112 / 817-429-4373 (METRO) Page 10 I SECTION 18 0-1 OFFICE DISTRICT (111.1 18.1 PURPOSE AND INTENT-This district is a commercial category designed and intended for the exclusive use of office and office related activities. It is established for and allocated to those districts capable of supportingwill be P commercial activity of an office character. 11. It is envisioned as possessing a lower overall intensity of use and development when compared to other commercial categories. It is particularly y sensitive areas and those sites in which natral limittions makeP full area u for tilization infeasible. It has been established to encourage and permit general professional and business offices of high site quality and appearance, in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and development trends,suitable for the establishment of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development within this zoning category must provide a low intensity of land usage and site coverage to enable the site to retain its park-like image. ( .2 PERMITTED USES a. Office Uses 1. Accounting and tax preparation; 2. Adjustment and collection services; • 3. Advertising agencies; - 4. Architecture; 5. Banking; -- . 6. Billpaying scrviccs; 7. Business corporate headquarters(when used for office purposes only); ..8. Business holding and investment servioes; • 9. Chamber of Commer ce; I (we FECDJAN 271997 ' LACTYDOCS\oRD\CASES\480-231.WPD ' -./'C/ Page 11 IR 10. Chiropractors; Pi 11. Computer 3orvicc3; III . 11111 ); t.14. Dentists; , 15. Duplication and mailing services; 16. Employment services; 17. Engineering; 18. Finance; - 19. Interior design; 20. Land surveying; (re 21. Law; 23. Optometrists; 24. •Other"v�Ges of C�Husines d�or •ro fes iona1 nature proyidi g services =fit I r a ill 25. Physicians; til 26. I1,diatiiSts, _77_ Psyeh atzists• � 28. Psychologists; PI 30. Real estate and insurance; ri (....„ PI L:\CTYDOCS\ORD\CASES\48 .231.WPD Page 12 r 31. Savings-and ; • ge offices; 33. Stenographic-services; 34. Title companiec; •35. Travel bureaus-or services; -36. Utility offices; b. Community Facility Uses 1. Public,semi public and private-parks; Recreation-2.----Reer-eation-and-open space to include playgrounds, parkways, greenbelts, • c • 18.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section 34 of this ordinance,any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 1824 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance,subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 18.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations shall be applicable: L LACTYDOCS\ORD\CASES\480-231.WPD Page 13 ,�J^ f ' City of Southlake,Texas (kr, STAFF REPORT May 2, 1997 CASE NO: ZA 97-025 PROJECT: Second Reading/Ordinance No. 480-234 Rezoning/Rucker property STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning of approximately 0.773 acres situated in the Obediah W. Knight Survey,Abstract No. 899 and being a portion of Tract 3 and all of Common Green 36, 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: Rucker Family Trust- William and Zena Rucker(Tract 3, Obediah W. Knight Survey, Abstract No. 899) and Westerra Timarron, L.P. (re'- (Common Green 36, Timarron Addition, Brenwyck, Phase 2) APPLICANTS: Mike and Carol Rucker CURRENT ZONING: "AG" Agricultural District and "R-P.U.D." Residential Planned Unit Development REQUESTED ZONING: "SF-30" Single Family Residential District LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Thirteen(13) RESPONSES: Two (2) response were received within the 200' notification area: 'William and Zena Rucker, 650 S. Carroll, Southlake, Texas, in favor. •David Koeninger, 722 Nettleton Dr. Southlake, opposed. P&Z ACTION: April 3, 1997; Approved (6-0). COUNCIL ACTION: April 15, 1997; Approved (7-0) First Reading, Ordinance No. 480- 234. 7 g,/ City of Southlake,Texas STAFF COMMENTS: Please note that the Zoning Administrator has waived the requirement of a Concept Plan for this single lot residential proposal. 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TRACT MAP .- ii I ! ! ! \ ,,, TH 44.66 Ac 5 i - - 1 _ 1 Pil -,..: NALL iyaEDLIN . Mff:TT LIII 261 2H 2C • 1 --..,-..,„t•-:,', SVIR1CY A-I0J7 :'11"1-r•-42:,'Z.. 04Z9 :•:-.:..-...._. .60_ ' 2.11 ..---.. • i5 t • e-�. 64 63 62 61 p 60 ' 59 /-- • al. •M• 'IX ADJACENT OWNERS , ASHLEIGH LN AND ZONING *ALL ZONING IS PUD-1 5 s �54 $ss R ss R s7 SPIN#9 LAURA MIKLOSKO 1. The Drees Home 2. Timarron Land Corporation 3. Timarron Land Corporation 49 4. Timarron Land Corporation la• 48 I 5. Timarron Land Corporation lA i ./ 6. Timarron Land Corporation OAKCREST CT / 7. Timarron Land Corporatior, �+ ' 8. Weekley Homes Inc. li ~ 9. G. Tribble ='.14 • 13 10. R.Agin 1 sl 1 2 k 11. M.Womble +* 12 's 12. D. Koeninger 13. K. Thomason 14. D.Allison _015 s. �� 16 15. J. Culling _ 1116 >tY 11 A 5. R0 L 16. C. Eastman '� �t *tlkii 17. W. Hyland Ip �,L 61 C 9��, D�AM CT).... a �ie' � � AI �ti•N 11 r 1 •1s 'p �2�6 ,, k= 5. M= 6 7 8 • 19 1.{ „ 4, L:11MP_,,,.WIEM0I s.97-025.WPD 19 ._._J .1 • .1. - .w ._r71 03e^1 . -•. •irr a�a>�i�,.r�s KG 41 5 R 6 9 10 11, 12` 13 14 • s3 .. x . 15 NETTLETON DR r _ 17 16 1 . 2 a , a lJ 1111 uu 14 Ali 1p • • 20 �' 1A n E ,q . A • 19B 18 ? 17 R 16 .415 . 14 >/ 12 A =II MIDLAND CREEK DR R 13 • • IA t0{ 6 7 8 . '9 '• -.10 17 = • COMMON GREEN "'at � 12 .cf • t 16 16 3 \�, vito. 1.88 O ID P t I ,• •n 2 6 p 3. tt{ \• Cortimon Gre�� A, 2 ll 4 -j 13 ,8 ` '_ 7 3 R� '� •\ �2161 5.142 O n IM •`r 6 M . 714 A T Tt 11 'C • D00 J' 1 'I' tty IM 707 7oa 7tt7 10 • 724 s00 1. 711 Y3 s „ OR DR .. r _7u ♦ 1,Ojyr"F D its ri 7 TR048AC CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-234 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 0.773 ACRES SITUATED IN THE OBEDIAH W.KNIGHT SURVEY,ABSTRACT NO. 899,BEING A PORTION OF TRACT 3, AND COMMON GREEN NO. 36, TIMARRON ADDITION,BRENWYCK PHASE II, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "R-P.U.D." RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING Co' 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. REQUESTED ZONING: 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 L:\CTYDOCS\ORD\CASES\480-234.WPD 9 i5 Page 1 • 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 L, facilities in the area immediately surrounding the sites;safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among • other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them,that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: . Being a 0.773 acre tract of land situated in the Obediah W. Knight Survey, Abstract L:\CTYDOCS\ORD\CASES\480-234.WPD Page 2 , L No. 899,being a portion of Tract 3, and Common Green No. 36,Timarron Addition, Brenwyck, Phase II, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District and "R- P.U.D." Residential Planned Unit Development District to "SF-30" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs,sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby,but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water,parks and other commercial needs and development of the 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 maybe prosecuted until final disposition by the courts. L:\CTYDOCS\ORD\CASES\480-234.WPD Page 3 .7/3—7 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 C PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR L:\CTYDOCS\ORD\CASES\480-234.WPD Page 4 7/3-5 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C C LACCYDOCS\ORD\CASES\480-234.WPD Page 5 rl6'9 EXHIBIT "A" BEGINNING at the Southwest corner of said Rucker tract , same being the Southeast corner of Lot 34 , Block 12 of said Timarron Addition , Brenwyck , Phase 2 , THENCE N . 00-32 ' -07"W. 157 . 03 feet along the West line of said Rucker tract to 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 the Northwest 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 said cul -de-sa.c being a curve to the left having a radius of 50 .00 feet , and whose long chord ' bears N : 00-05 ' -45" W. 42 . 39 feet , a distance of 42 .40 feet to a point in same for the Northwest corner of said Common Green No. 36 ; • , HENCE 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 point for corner; , .,THENCE S. 370-18 ' -26"E. 185. 20 feet to a point for corner; THENCE S . 00-32 ' -071' E. 100.00 feet to a point in the North line of ,Block 12 , of Timarron Addition , Brenwyc.k , Phase I , as shown on a plat of record in cabinet A , Slide 1585 , Plat Records , Tarrant County , Texas ; THENCE N . 890-06 ' -43" W. along said North line 170.00 feet to the POINT OF BEGINNING , and ,containtng 33651 square • feet= 0. 773 acres . C L:\CTYDOCS\ORD\CASES\480-234.W PD Page 6 n �119 City of Southlake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA 97-025 PROJECT: Second Reading/Ordinance No. 480-234 Rezoning/Rucker property STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning of approximately 0.773 acres situated in the Obediah W. Knight Survey, Abstract No. 899 and being a portion of Tract 3 and all of Common Green 36, 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: Rucker Family Trust- William and Zena Rucker(Tract 3, Obediah W. Knight Survey, Abstract No. 899) and Westerra Timarron, L.P. (Common Green 36, Timarron Addition, Brenwyck, Phase 2) APPLICANTS: Mike and Carol Rucker CURRENT ZONING: "AG" Agricultural District and "R-P.U.D." Residential Planned Unit Development REQUESTED ZONING: "SF-30" Single Family Residential District LAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) NO.NOTICES SENT: Thirteen(13) RESPONSES: P&Z ACTION: Two (2) response were received within the 200' notification area: •William and Zena Rucker, 650 S. Carroll, Southlake, Texas, in favor. •David Koeninger, 722 Nettleton Dr. Southlake, opposed. April 3 1997; Approved (6-0). COUNCIL ACTION: April 15, 1997; Approved(7-0) First Reading, Ordinance No. 480- 234. City of Southlake,Texas STAFF COMMENTS: Please note that the Zoning Administrator has waived the requirement of a Concept Plan for this single lot residential proposal. 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I ;IT"-4. / 5 g. .41 " •:** TRACT MAP i 2E1 ZIR.-; - - 1 .--• /.1 44.66 Ac I 3 Ac 32.83 Ac kF0• .-. .- .---i---- ...-K ' . - --1 / i i i ; ' s• i .- _F-Z. i . 1 • '1 IE 2f \ _ *-14-7--.: -•••• . I .... •,:- • g ! '; HALL MEDLIN . M T IT 2GI 2G 1. 2" SLIGNEY A-10.77 111\ , ...:., .: • ,... (50- - - • ' „... 55 ( /. • k ..,ft64 -63 !62 s61• p60 ' Y 59 - ' 2� > >� > ADJACENT OWNERS , ASHLEIGH LN AND ZONING,. in. *ALL ZONING IS PUD-1 5 1 R� s55 R 56 R 57 SPIN#9 LAURA MIKLOSKO 1. The Drees Home 'D`• - 2. Timarron Land Corporation 3. Timarron Land Corporation 50 49 4. Timarron Land Corporation .ZLt '� 48 , ) 5. Timarron Land Corporation 1>L } f J. 6. Timarron Land Corporation / 7. Timarron Land Corporation - • OAKCREST CT �+ 8. Weekley Homes Inc. l� 'Z'�,~ 9• G.Tribble s •14 13 10. R.Agin 1 I 2 l 11. M.Womble 12�i \ • 12. D. Koeninger _015 • '\ 13. K. Thomason s _ 14. D.Allison ,a ~ 15. J. Culling •s 1'6 sY :.. l r 1 L 16. C. Eastman f 3 4 O-j - 17. W. 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R S '�► Z�61�- �. 5.142 0 �• • ib 712 \ ,a a 3^ • 6 '3 * 1 III f wIts 714 A 1'3 11 Y too , 707 700 71{7 10 ! 724 800 ,. f 4 R 5 »qr I �j�. 722 ion Dlt 6 a _713 ♦ 1►ONGFQ n3 Fl 17 ; TR048AC TQ RP/ CITY OF SOUTHLAKE, TEXAS L ORDINANCE NO. 480-234 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 0.773 ACRES SITUATED IN THE OBEDIAH W.KNIGHT SURVEY,ABSTRACT NO. 899,BEING A PORTION OF TRACT 3, AND COMMON GREEN NO. 36, TIMARRON ADDITION,BRENWYCK PHASE II, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "R-P.U.D." RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 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 Le 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. REQUESTED ZONING: 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 L:\CTYDOCS\ORD\CASES\480-234.WPD ,0 Page 1 • the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites;safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their Le original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 0.773 acre tract of land situated in the Obediah W. Knight Survey, Abstract L:\CTYDOCS\ORD\CASES\480-234.WPD Page 2 T le No. 899,being a portion of Tract 3,and Common Green No. 36,Timarron Addition, Brenwyck, Phase II, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District and "R- P.U.D." Residential Planned Unit Development District to "SF-30" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water,parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable Li 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. L:\CTYDOCS\ORD\CASES\480-234.WPD Page 3 "76_7 (I.., 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 C- PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR C., LACTYDOCS\ORD\CASESA80-234.WPD Page 4 7i3,6 { (0, ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY (ire LACTYDOCS\ORD\CASES\480-234.WPD Page 5 q EXHIBIT "A" (we BEGINNING at the Southwest corner of said Rucker tract , same being the Southeast corner of Lot 34 , Block 12 of said Timarron Addition , Brenwyck , Phase 2, THENCE N . 00-32 ' -07"W. 157 .03 feet along the West line of said Rucker tract to 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 the •Northwest corner of same in the Easterly line of a cul -de- sac at the East end of Durham Court ; THENCE Northerly.,with the .pe.rimeter of said cul -de-sac being a curve to the left having a radius of 50 .00 feet , and whose long chord ' bears N: 00-05 ' -45" W. 42 . 39 feet , a distance of 42 .40 feet to a point in same for the Northwest corner of said Common Green No. 36 ; • ,HENCE 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 point for corner; , ..THENCE S . 370-18' -26"E . 185. 20 feet to a point for corner; THENCE S . 00-32 ' -071' E. 100 .00 feet to a point 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 ' -43" W. along said North line 170 .00 feet to the POINT OF BEGINNING , and .contain:ing 33651 square • feet= 0. 773 acres . C L:\CTYDOCS\ORD\CASES\480-234.WPD Page 6 r5�'o • City of Southlake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA 97-033 PROJECT: Second Reading/Ordinance No. 480-235 Rezoning and Revised Concept Plan Southlake Church of Christ 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 being described as Lot 2, Brock Addition, an Addition to the City of Southlake, Tarrant County, Texas,according to the plat recorded in Volume 388-44,Page 40, Plat Records, Tarrant County, Texas. Also part of this consideration is a Revised Concept Plan on property being described as Lot 3R,J. G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County,Texas,and Lots 1 and 2, Brock Addition,an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County,Texas, save and except the portion awarded to the State of Texas by Agreed Judgement entered in Cause No. 153- 127796-90, a certified copy of which is recorded in Volume 11284, Page 1121, Deed Records, Tarrant County, Texas. LOCATION: Zoning request: 200 Brock Drive, on the west side of Brock Drive, approximately 275' south of the intersection of Brock Drive and West Southlake Blvd(F.M. 1709) Revised Concept Plan: Southwest corner of Brock Drive and West Southlake Blvd (F.M. 1709) OWNERS: Southlake Church of Christ (Lot 3R, J. G. Allen No. 18 Addition), and (Lot 1, Brock Addition) and Al Peters (Lot 2, Brock Addition). APPLICANT: FDS International. CURRENT ZONING: "SF-1A" Single Family Residential District (Lot 2, Brock Addition) and "CS" Community Service District (Lot 3R, J. G. Allen No. 18 Addition, and Lot 1, Brock Addition). REQUESTED ZONING: "CS" Community Service District(Lot 2, Brock Addition). L °"1C-1 City of Southlake,Texas LAND USE CATEGORIES: Public/Semi-Public (may include government offices and facilities, public and private schools, churches and related facilities,private golf courses and country clubs, and cemeteries, and Public Parks/Open Space uses in conjunction with these developments) Low Density Residential(limited low intensity office and/or retail uses may be permitted) CORRIDOR RECOMMENDATION: Residential (any Single Family district) NO. NOTICES SENT: Ten (10) RESPONSES: One (1) response was received within the 200' notification area: • E. Wiesman, 2607 W. Southlake Blvd., Southlake, in favor. P&Z ACTION: April 3, 1997; Approved (6-0) subject to Concept Plan Review Summary No. 1 dated March 27, 1997, amended as follows: 1) Forgiving Item#6 (non-residential access to Brock Drive is not allowed) but limit the use of the drive for the building COUNCIL ACTION: on Lot 2 only; 2) Limiting the use of existing structures on Lot 3R J.G. Allen No. 18 Addition and Lot lA Brock Addition labeled "to be removed" to five (5) years. April 15, 1997; Approved (7-0) First Reading, Ordinance No. 480-235, subject to the Concept Plan Review No. Two dated April 11, 1997. STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary No. 1 dated March 27, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2, dated April 11, 1997. L:\W P-FI LES\MEMO\97CAS ES\97-033ZC.W PD C 76 - 2 )sr .2r1372t LII II I Al I �, li'T.=ww� [4G� IEl 1rld. 981 _) IN i i i i 1; ' • 1E i i i 1. �1.19CI 60 Ac Ey. II / ® E 29 1r.ir [ 1 .�. �� , 5A2A , _moo .__ k 1tio0, t. 4. + , I ADO E � ' '� _ ! r= 11MI i I i 1 2 it - le • .. , 4 . . 2 i 01 1.1 es4 1,1 -.w'� L IMA 1 W 41 tl��Gv /y� � ,.�� 20 k 3f.2A IN et ZONING REQUEST ONLY m V (! 2E O �_. I. _ ____ ILL1 ii r.--- 93 k i --- -�� 1 - ,., 3 KEPI.R; Cs A v CS 3A I .,J.._ NG A_ I ;r O.Imm� ---- --_ I---,-- _ __' 0 e�' I _._. D• " GI ,tom' .--- 20 k " ` m1 -. \ l 2A5 ' • `"` 1 • •#1 3 Q 2M 3A1 111.....044V = 2C27 2C26 t r 2A1 • 7A6 1 1. I WEST lAl W•�'...- .r . . / IIG( ego - _ L � �' m •' F3 coI'�1 4E01 �'' F i ~ �� LEN -1 0 ID - 482 ' �' NO2 .. . XII 41n L... .i `• 121 k 14.5 Ac ,- A1R 3 ,E 1U I 5a `. _. 11-7- I 5 Ac I �, A g Q a.: k i 4 ZONING AND CONCEPT PLAN REQUEST tpARK 5 Y LIE s I �`____� ;. s A< 2 �� no 1 '' THOMGA1S J ;`.1:r F'' . .: t 6A 6A1 68 682 6 g ! r. 1 1 i -� 1...J -71 1 11 i i 1 A-1JQ2a 6 B 4c 48 NM 6 Ae 2 Ac 5 k 1 k i 1 M . ! p(►:>w�.a1 ° 6B2' 4A18 IA 9.85 Ac 9.85 Ac 19.7 k`•:' 6A1A 6C2 16C1/ S 9.65 k 9 �'8 M1 36.17 k 4A8 11 k �aa.::,._,.� ` 4A19 Ac 6C3 I 2A3 5 6A2 6E1 "6F1-6F1A 6F2 1 f- E �� < IBIS U' 181A 7.86 Ac --"1 13 k l' ® . 4A el N KELLER an' LIMIT 2 le 5A s i i �Y `i 1a1 µ LT i) 1121k % SCHOOL E5 ,� o N t �` a�+raRT L.A. CLAY Y .�/5-{.l �1r �3 i `• XI SLRIlY AJ46 _ GO �IA:5e1A _ j ` L:L,`� ri yJ 4 - -1 � 44 Ac 80 k `1\ _._ = ._. _•� - .`- ......1 -.� -71,••...�.1••:■.- `�_.J SRO ; r 1, 7i.44 Pc --' ..... _I r�E�j SUPl4:Y A-I5O4 3 ( TRACT MAP ^` 2 i2D, — ' , J. H'IE o II1I _L_ !' _ A-640 '7C _3 11/95 SUBDIVISIONS, R.O.W. ADJUSTMENTS 195 4 SUBDIVISION$ R.O.W. ADJUSTMENTS. ADDED ROADS 1 95 SUB D/K.Crows' pn w Anrrrc' , ,'.•c• .- ,- ADJACENT OWNERS. f----- AND ZONING x . \___i hi,., Z.5 SPIN REPRESENTATIVE#15 o WAYNE&JUNE HANEY U AG H. Forester r 3 a AG SF-1 A R. Miller TR 2D1 3 H. White N. Miller TR.2C 15 1.78 Ac O . .7s,e 2 ES TR 2F1A lit ' Skate°k iii lA • I U 1 • A AG _1 a TR SA -' coo _94 AC ac �' a rn p. 0 Cl: 8 x .440 Cr 3 Bgo W TR. D"D Z'5A3 A .80 E. Wiesman SF-1 A W Ac 68 TR.5A2 " try AG J. Horton 13.482 Ac 6A TR.5C 1'" 9.56 Ac , ./ (48., I58 . \ u.tv ` si83 , I �l �II IIIIIIIIIIII 1 i. E � — E11 g 1 1! REtli:. ill Iii v ; 11 tr.? ,.. ,,! - L. . :...„ :,: Iii!1. 4� iti;j1s vp141 I E t e e ! , Pi \\\\: E Itctial gi. 1!4! p ci4 f@ Ii Qit@ t'_ l�lk B lizizt s 1,111i h. _ 1._E� :1tzzz E - 44• E1 _. �. IOW IMMO.MEW T pi 4 t E 110., • lk --, VP. 1 I I MISI !/ I , . \ 1 I 1 Cnrss . 1. \ ' -.x l ! t lid Et. 1t . _ It ./I,� mow• wn-- ..w+w 44% `•) 1 1 1:\ Iii-‘ -,i 4 ill i-iN' \' . co cc I it s::!: 11 ill 0 . .L. . , . 1 . , , i iv. it , 1 0411{] ...., - - il 110\ , , "ill (lb 0,,\' I1 I a' U eD; • ' fill ° o, T / O ! LJ 'J Y �• 1 1 Q _ J CC ' Illi \ a 0i u_ � V. 1 � lf — � J -- �_ --- \ \ J ffkgaiggli .. T...-Al l 13 a�`WW1—itt �i _ _ w W Uh U t z am Yp[ e - - � 61 _ iiii CO Previously Approved Concept Plan (.....' .. Elea _. 7e-5 , L66I It,:6E:91 LZ ue^ uoN PALI:1\AIDUCI 1N1tiA -"! • City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No:,ZA 97-033 Review No: Two Date of Review: 4/11/97 Project Name:Revised Concept Plan for Southlake Church of Christ. 9.04 acres. Lot 3R. J.G.Allen No. 18 Addition and Lots 1 &2.Brock Addition:situated in the J.G.Allen Survey,Abstract No. 18 OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Southlake Church of Christ ADS International. Inc. 2501 W Southlake Blvd. 320 Decker Drive. Suite 200 Southlake.Texas 76092 Irving,Texas 75062 PHONE: (817) 379-5298 PHONE: (972) 915-3000 FAX: (817) 379-9249 FAX: (972) 915-3035 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/07/97 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. Correctly label perimeter boundary bearings and distances. 2. Correct the proposed zoning label to"CS"for Lot 2,Brock Addition. . Label the mall existing structure located near the west line of Lot 1 A and note whether"to remain" • or "to be removed." It should also be indicated on the plan if the structure is to be temporarily/permanently utilized and what use it will serve. 4. According to Driveway Ordinance No.634,non-residential access to Brock Drive is not allowed. The plan shows an existing driveway to be utilized as a service drive accessing the existing structure on . Lot 2,Brock Addition only.(P&Z Recommendation 4/3/97: Forgive, but limit the use of the drive for the building on Lot 2 only) • * No comments have been made regarding driveways intersecting F.M. 1709. The driveway spacings and stacking depths conform to the previous Concept Plan approved by. City Council Feb. 18, 1997. The City Council also waived the TIA requirement with the approval of the previous Concept Plan. 5. Label the type,height and location of all screening devices.An 8'screening device is required adjacent to all residential properties. .l L� City of Southlake,Texas * The following requirements were deleted or amended by the City Council with the approval of the previous concept plan(ZA96-152): Deleted items: 1. Minimum spacing between R.O.W. intersection and driveway centerlines 2. Minimum spacing between driveway centerlines 3. Minimum driveway throat depths 4. Require a Traffic Impact Analysis 5. Parking encroaching into the North bufferyard Amended item: 1. Minimum 8' screening device required along all property lines adjacent to residential property, applicant to provide a plant screen with evergreen mix Additional amendments: 1. Provide 45' building line on east 2. Provide 20' bufferyard on the south.of Lot 1 3. Landscaping on Lot 1 to be provided at time of possession . 4. Address lighting issues at Site Plan stage 5. Close the driveway onto Brock Drive when the Church acquires Lot 1,Brock Addition * Additional P&.Z Recommendation April 3, 199_7 • Limiting the use of existing structures on Lot 3R J.G. Allen No. 18 Addition and Lot lA Brock Addition labeled "to be removed" to five (5) years. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 4/21/97.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 applicant should be aware that a 4:1 slope building setback from any property line of properties • zoned sing e family residential or which have a residential land use designation is required for all two story structures or one story structures having a UBC height greater than 20'. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. 7C- 7 `l • • City of Southiake,Texas * The applicant should be aware that prior to issuance of a building permit,a plat revision incorporating the remainder of Lot 1 and Lot 2 Brock Addition and reflecting the correction in the southern boundary of Lot J.G.Allen No. 18 Addition must be processed through the City 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, Road, Water and Sewer Impact and Tap Fees, and related Permit Pees. * 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 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, as amended. • Fire lanes must be approved by the City Fire Department. * All signs and culverts must be permitted separately. * • The applicant should be aware that if a day care is to be operated on the site an S.U.P. application must be approved by the City Council. * Denotes Informational Comment cc Southlake Church of Christ ServiceMaster,FDS International L:\WP-F1LES\REV\97\97033CP2.wPD 7C-g il . , i • A . I ! 1 WM I leffiallala Ili .LS&HO 0 HOEW1H0 Mil I 111111 _1' , ''.•',. : P E U. i W MY1HU108 . A „ . (Pi Ito 1 gill I I i a 0. 1 .i I i 1 P 1 111 In 1 II p 1 I 1 i 1 ill I I l% 11 1 c 21 I 1 1 I 1 1 li 0 i f • SIA II I 1 il I • 1.... liti t 1 Hci 1 %.1,,e cr) % _ . \___ hi: II t I:1; iii I i FIR 11 114 c•-• o _ _____ _ _Am . ., \ I aviv cc let we '‘ V '‘ ‘ ; „ ' .''s \‘‘ ' ',,,; \'\‘' I lialediarlit 111UNIO .."-i - I,gb! ce-. \ % ;.. , - \ PI. A 411 4.1 1111111 .1 ..- s. .\ I'' tii ,v, tro i II 1 1 ..... I ilb I hit -6 ,.\ ,„:.‘ • i : 1 ‘.0. • . till • i 1 1,. it 1 al Ali 0,46 I Iiil 4 A. Ii4 I lit . Iv, 'l';.tj d 0 4 li %id ..,_ h Il I it r--- me OW • '. 11 1 VI t.a......1 Ili a• phe mica._____-...- , — 114 A _ __I" ..11111111111l1.1.11!. - II ,,- - .'.'- ' 141IP 1 1 a C, ,i, !hi ,11 , 1-%-oin z•tt. ,,,,,,,‘-‘1 pii. \ . . Go 11 ._ lit. c,N, 'Y'''-. c.f 0` .0„.. A u_ ., toti i i 1 1 • ‘ ik ... b IQ o - -1 a 10% if 5 P-111(111 ' , i kiii 6 to ‘e5ssaiLD :4 , 1141 0.- k q 431 I irlit) 9 tLa 14 lill 14 I 7,, il'cu oplirs,1# 0, col ,, , 1 . S....6 ... 111 ./1 . n .-...• II i 1 "16111 1 0 Ve • \ .• i i 1 1 Cil,L. ‘r • - II i Li, , , 1 di zo -,,, s, ‘,..\:. 1 § t 0 \ s, Ili i .. it,11 11__\ 1 Z .. , \ ,,, ::• ii ,.___----- - i I 1 _ ,..----.ri.-.L-.` I II ' Ilii \ 1 1 raiv-111111.,..111"1 --------------- ---------------------- ---------------------------------- ____801.0 IWO If 0 i: 0 131.111 a , II Col II 4 i ti P ei t 1141 1 176 , , • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-235 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 LOT 2, BROCK ADDITION, BEING APPROXIMATELY 1.160 ACRES SITUATED IN THE JESSE G.ALLEN SURVEY,ABSTRACT NO. 18, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN. THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS,the hereinafter described property is currently zoned as "SF-1A" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs L:\CTYDOCS\ORD\CASES\480-235.WPD Page 1 7(-)/D • Lto traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- fiiiimpe crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake,Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 2,Brock Addition, being approximately 1.160 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "SF-1A" Single Family Residential District to"CS"Community Service District,as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit"B". L:\CTYDOCS\ORD\CASES\480-235.W PD Page 2 7 L • 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 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 L:\CTYDOCS\ORD\CASES\480-235.WPD Page 3 newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 ce 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 C L:\CTYDOCS\ORD\CASES\480-235.WPD Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C C L:\CTYDOCS\ORD\CASES\480-235.WPD 7e/i Page 5 EXHIBIT"A" Property being described as Lot 2,Brock Addition,being approximately 1.160 acres situated in the Jesse G.Allen Survey,Abstract No. 18,an Addition to the City of Southlake,Tarrant County,Texas, according to the plat recorded in Volume 388-44,Page 40,Plat Records, Tarrant County, Texas. C • C L:\CTYDOCS\ORD\CASES\480-235.WPD Page 6 maruno.14 ill ji . . Ldad h Ls o�OH 11 ILL'EI'I c EXHIBIT "g„ d 1 1i41I1dftiiI! I41 i r � r r r r • r rig if 11 \ lid 11 . lici i!1 lid _ iti_ iikltd _ IN _1 a ltd 11 92 II1IIL..- �1_I IN: c.cc . ... a. ort • 14� . ' A " a� td� - a\": ;' , IK1 } flii111111111: _° w"L r �' j - ° If Z nil tilt- ' ) t ti` �, s‘ `� r i:i Cut .p air �• i��e Rs.sr i•A r 1/11 : . -rr r Lc,;16.'-.!tlb:‘,-,, :';‘;::?k ) 1,,4A II li Le' t Vit Iv o o G $$ LL ', ' 01110 O G. s V hA fill , .11_,A 1, 1 ,., Aim., 4 r • e: + iiii y.i „,...... i • % i. , 1 1 '',4i, \ .0, 9 b AL ..aL. si,,,.. k 0 s —1 AI IF Viii *id . t jt11\ e OI 4 z .; '1Ca a. t p i�`?%g:iliiR't le Sillrnn so SKIcY, III 0 . Ilii \ if 1 . till iI a i fa L _ _ __ _ --- ii III . • 'III 4 Hi! .... ®l 1 lid I L:\CTYDOCS\ORD\CASES\480-235.WPD "! �'/ 0 Page 7 City of Southlake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA97-032 PROJECT: Site Plan - Gas Station/Convenience Store STAFF CONTACT: Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743 Dennis Killough,Planner I, 481-5581, ext. 787 REQUESTED ACTION: Site Plan of Gas Station/Convenience Store on property described as Lot 6, Block 6, Southridge Lakes, Phase C-1, and being approximately 0.918 acres situated in the A.A. Freeman Survey, Abstract No. 522. LOCATION: Northeast corner of the intersection of North Peytonville Avenue and West Southlake Boulevard(F.M. 1709). OWNER: Southridge Center, L.P. APPLICANT: Southridge Center, L.P. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use(may include office buildings,hotels,and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3, and B-1 districts) NO. NOTICES SENT: Six (6) RESPONSES: None P&Z ACTION: April 3, 1997; Denied(5-1). COUNCIL ACTION: April 15, 1997; Approved (7-0) Applicant's request to table to the May 6, 1997 City Council meeting. STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary No. 1 dated March 28, 1997,with the exception of those items addressed in the attached Site Plan Review Summary No. 2, dated April 11, 1997. L:\WP-FILES\MEMO\97CASES\97-032SP.WPD Lino" 5400 Ra.iaMae WINSTEAD SECHREST (214)743.5400 la Elm 7 � � aP'K(214)745.5390 Dallas, 75270-2199 &MINICK A professional Caporarion LULUS Hoasraa AUSTIN Attomeys&Counalas Mbxteo Cm Direct Dld: (214)745-5274 bkniiht®wsnstead.com April 30, 1997 Southlake City Council do Curtis E. Hawk, City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Case No. ZA97-032, Tetco Convenience Store Dear Mayor and City Council: The undersigned represents Southridge Center, L.P.,the owner of the property on which the Tetco Convenience Store is to be located. As you will recall,the City Council asked Tetco and my client to consider altering the architectural design of the convenience store to allow for a pitched roof and masonry (stone and stucco) construction. Tetco's architect is preparing an elevation showing that proposed design. We will be present at the May 6, 1997 City Council (me meeting to present that elevation and to get your input. We are still exploring the implications of moving the site plan back 12 feet to accommodate an additional lane of traffic on FM 1709. We have met with your staff to discuss this issue. We were told today that the water line at the north end of the TETCO site has been flagged but the easement location has not been marked. We are in the process of determining the impact on the water line and water line easement of shifting the site plan back 12 feet. We have also discussed the financial implications of the additional right-of-way and construction costs with your staff and will be discussing those matters further with them. Therefore, we will likely be bringing this matter back to you for final approval at your May 20, 1997 meeting. My client and I will be present at the May 6, 1997 meeting to discuss these issues with you. Please feel free to contact me if you have any questions beforehand. Very truly yours, WINSTEAD SECHREST & MINICK P.C. B y: Barry BRK/lkb Enclosure 1C., cc: Joe Fill REC'D MAY - 11997 p R. VICTOR BLOOD D A h(tect • Planner • Interlor, JR. Designer I 530 BEDFORD RD. 5INrE 216 •BEDFORD,TEXAS/6022 • lrrr)252-5606,FAX 2523603 April 9, 1997 Dennis Killough City of Southlake 667 Carroll Avenue Southlake, Texas 76092 Re: Case No. ZA97-032 Southridge Lakes Phase C-1, Lot 6, Block 6 Dear Dennis, Enclosed are seventeen (17) full size and (1 ) 11"x17" reduction of the site plan for the above referenced case. These have been revised in accordance with the March 28, 1997 Site Plan Review Summary comments. These revised plans are being submitted by Southridge Center L.P., the owner of the property. All correspondence, notification and agenda items should be sent to the undersigned and to Southridge Center L.P. at the address shown (we on the site plan application and the revised site plan. I discussed comments 9 and.10 with Garland Wilson, the .new Fire Marshall. What we show with regard to these is based on discussions with his predecessor. We discussed why these are shown as originally submitted and he indicated that I should resubmit as originally shown and he will review them during building permit review. He will determine at time if additional firelanes and hydrants are required. Please notify the owner and me concerning the scheduling of this case before the Southlake City Council. If you have any questions about the enclosed, please do not hesitate to call. Sincerely, R. Victor Blood, Jr. Architect — Planner Enclosure cc: Mr. Jerry Donahue Barry R. Knight, Esq. RECD APR 101997 ,a ai r �'.., Sdl.fll �fki '. -• r,t+.. .-,.�..: :t. :� I ,.,:... 1. I �� •'�:`�:�. f rv,+„: 4hA ??11... i" .�.. SLATER & .A SOC/A,TES engineering surveging L February 05, 1997 Dennis Killough, Planner City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Tetco Convenience Store Highway 1709 and Peytonville Avenue Traffic Impact Analysis Requirements Dear Mr. Killough; After review of the City of Southlake's development requirements and the site plan for the proposed Tetco Convenience Store, I find that the site does not generate sufficient traffic to fulfill Southlake's requirements for a Traffic Impact Analysis. According to the Institute of Transportation Engineers Trip Generation Characteristics, the average peak hour traffic trip generated by each pump at a service station is six vehicles per hour. The proposed site will have a maximum of six pumps serving two vehicles each for a peak hour traffic generation of 72 vehicles per hour. The convenience store ( open only 15 to 16 hours per day) will generate 322.6 vehicles per day. Assuming that ten per cent of these occur during the same peak hour that the gas pumps generate, then the 2400 square foot convenience store will generate (32.26 X 2.4) 77 vehicles per hour. The traffic generated by the two site characteristics is somewhat redundant. That is, it is extremely conservative to assume that the 72 vph and 77 vph are independent and cumulative. Many of the convenience store users will use the stop to fuel their vehicles and many of the fuel pump users will use the stop to make their convenience store purchases. P.O.BOX 16593 FORT WORTH, TEXAS 76162 BUS: (817) 923-6102 FAX: (817) 923-6104 CIVIL*MUNICIPAL*SURVEY*AIRPORTS*HYDRAULICS*HIGHWAYS*TRANSPORTATION TRAFFIC*WATER*WASTEWATER* CONSTRUCTION MANAGEMENT&OBSERVATION Ltr-Slke.wps 1 215/97 7J>T !y8'.'. :. ,.....i .:,tl7+ t l tp;- I c,,; t 0.ai [ A i t q atti;;;;;;-1 r d ,!14 t;ss ai SLATER & ASSOCIATES' engineering su veering Li It would be -unrealistic to assume that the car wash generates traffic independent of the above two conditions during the same peak hour. I believe that the car wash usage will be almost completely included among the fuel pump and convenience store generation. Thus,' Service Station Traffic Generation 72 vehicles per hour Convenience Store Traffic Generation 77 vehicles per hour Total Traffic Generation 149 vehicles per hour Two drive approaches provided = 75 vehicles per hour per drive The fuel pumps and convenience store together total 75 vehicles per hour per drive. The City's policy requires a Traffic Impact Analysis when a drive approach generates 100 or more vehicles per hour. Based upon this criteria, I believe that a Traffic Impact Analysis is not required. Please let me know as soon as possible if you do not agree with this conclusion so that we can proceed accordingly. Le Sincerely; &ASSOCIATES, if#*". .. AlITER TER, P.E., R. .L.S. P.O.BOX 16593 FORT WORTH, TEXAS 76162 (....- BUS: (817) 923-6102 FAX: (817)923-6104 CIVIL*MUNICIPAL*SURVEY*AIRPORTS*HYDRAULICS*HIGHWAYS*TRANSPORTATION TRAFFIC*WATER*WASTEWATER* CONSTRUCTION MANAGEMENT&OBSERVATION Ltr-Slke.wps 2 2/5/97 71)-S 711 1E21 102 ' 103 ! 444111 %Fri1l�p111 ** _-.a : < 1 I I • . ]lIIIk�. 1.LS7. 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R G a 1 . t 22 x ' t s 1 • S Orrfr 3 1.. x R 0 Z w x 23 CENTENNIAL HOMES , C3 k TR I( 111 1 1 5.165 i 24 6 M. NATAWALLA 9551 C' R u., ter 1ri.8 � 5 r 25 t ) ��' I" .782 0 AliI1P 7c u+ 13 w CT IN SPACE f FREO JOYCE-MANY MEYERS INC. • ,� 4 5• 9551 A 5 R TR 10 _ _ __ - c 'IDCE LAI f S :co 5.165 STATE OF TEXAS F.M. 17( :----.460,. TR "° 3E • ( TR 3G .915 0 1 • 1244 4 L.CONNER 1 I SP-1 1 1 C2 I . I.. ... . 1 CARROLL ISD TR 3C A ' 1.31 AC I . TR 3C1 1 >: .69 AC • +a n. I TR 3C2 r - 1.0 AC o I • ` .� 1 �ffGjuj TR3C ADJACENT OWNERS L III lT10N • 1.0 A 420 AND ZONING ROL ' Del n )OL - (..... e A-8 SPIN#13 JIM GOGGIN / 1 1 TRACT 2 .3� �C1�J 7D-7 I� 57 ao.1 0 • .f !i ;i = 1 faig y I'_` ' •f i p di • 1 1 - „, • t J i r:i All`' :�;.{ , I� i '�� 1. i 4i; Y 1 mf tz. j_. . ; 1.'LP . - -- d Ara,. ij _ . : A te% 71 -1111i E i1414. s it - A ' A El MI• Via_ l 0 ;I iss 1i' ll i l 9 tali !1j1. q Ali . II J r llil vi ;, r Y f*S1 IV i I • i. 1 f 11 { f t.j CL C1 !!ii111! litII: imMf11' 1:r t t:d. 1i 1111! Foy 03 ' •; 4 Yl=1 , L , 7 fig,;\ �; fit. I P@QUdi it . ( �• I 1 I 39� qz t, It I �L 1 :^1 Ir 1 I ( I W Ii 1 MMi ...t ; J • I tt lI I 1 N g r+iI ii I� ; r f� 01, L If y k1 �itlx i al I FAN i t 4 _s\\ ; ■ kt .� � = t 'I V /ram ¶— Ti.. �L _ _ -. W= �.ut�-m L I i �� F N i t74 C1 W — c d o L - t • City of Southlake,Texas SITE PLAN REVIEW SUMMARY . - No.:ZA 97-032 Review No: Two Date of Review: 4/11/97 Project Name:Site Plan-gas Station/Convenience Store.Lot 6.Block 6.Southridge Lakes Phase C-1, being.918 acres,A.A.Freeman Su vev.Abstract No. 525 OWNER/APPLICANT: ENGINEER: Southridge Center LP Hannon Engineering 3838 Oak Lawn Ave. Ste. 1500 1245 Southridge Court.Suite 204 Dallas. Texas 75219-4516 Hurst.Texas 76053 Phone: (214) 522-6400 Phone: (817)268-6600 Fax: (214) 522-6103 Fax: (817)282-8186 • ' CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/10/97 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 81 481-5581,EXT.787. 1. Correct the required landscape area to reflect 50%of the floor area of the store and car wash(1732 s.f.). Correct the required and provided accent trees to 6,shrubs to 29 and ground cover to reflect 10%of the required area(173 s.f.). 2. Show the location of any proposed hydrants.Fire hydrants must be provided in accordance with City.Fire Department and Public Works requirements 3. Provide fire lanes as required by the City Fire Department. 4. Provide the geometry for the right-in/right-out driveway according to the attached exhibit (Appendix 5 of the Driveway Ordinance No. 634). * Elevations provided appear to meet the horizontal and vertical articulation requirements of Ord. 480, Section 43.9.c.l.c. on all facades. * The applicant should be aware that all mechanical units and satellite dishes must be fully:screened of view from adjacent R.O.W.'s and residential properties. * No review of proposed signs is intended with this site plan.A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit, a fully corrected site plan,landscape plan, irrigation plan,and building plans,must be submitted for approval and all . required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees,and related Permit Fees. -9 City of Southlake,Texas * A letter of permission from the adjacent property owner(s)on the north and 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. * Denotes Informational Comment att: Appendix 5 of the Driveway Ordinance No. 634. cc: Hannon Engineering,Via Fax: (817)282-8186,Victor Blood,Via Fax: (817)28273603 Tetco,Via Fax: (210) 826-3003, Southridge Center LP,Via Fax:(214) 522-6103 L:\WP-FILES\REV\97\97032SP2.WPD • 7 D-/o These appendix are not considered a part of this ordinance and may be revised or updated as necessary by the Director. 1(.0., APPENDIX 5 Right-in/Right-out Driveway Design(Limited Access) I /,„., 44 I I I . V 4 5 01 R MIN.. 50'R MIN. c , , 18 f, ,tom. / . CURB 40' 1 8 MIN: SOLID WHITE LINE • I (.., lune 20, 1995 n _ S I , , i IIit ihi t 1 .....gi i I rim! -int. i a n ••= 1 1 IR L idi:::: h. :11 i 1 i I I 1 i - ti II 11 I 1 iii 1,4 Aiiiiiii. I Ail 1 . 1 /ON g ,i Put grr pr:172 p : Iii 1 in il . n r r I r ea I 1 r .1_,-,um fib ri a i I I 1 11 1111 [liii u.i ... II) ! 3 4 i it .._.. I lblio ,, , 4� i I il Safi i . i�4 ' / l ipp----Ik— A_IT: ./ / I I-I ii k ' . �- / / dig ———— 1 ill II 3 4; / / r' // / -i- 3 $ `r••-ts g- ram /;r�^ _A.,).�� r. 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I 3 k 010 i 1 3 I I 3 zl� � ' a p . f I - II I P I, id H o I c i 1 Oa il ii 1 I i il . .--i Id li C ?-I3 ' City of Southlake,Texas MEMORANDUM co' May 2., 1997 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Community Services Manager SUBJECT: Ordinance No. 675, 2"d reading, Granting consent to the assignment and transfer of cable television system and franchise from Harron Cablevision to Marcus Cable. 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. Analeslie Muncy, City Attorney, has been unavailable for a couple of weeks, and we were unable to get her opinion on this matter, as she is the telecommunications expert on the City Attorney staff. I have discussed this question with her this week, and it is her recommendation we roll the Harron agreement under the Marcus agreement and operate under only one franchise agreement. Since there are some differences between the two agreements, we would want to ensure that we do not lose any current benefits we have under Harron's agreement when we transfer the cable system to Marcus and in effect, lose any protection we currently have under the agreement with Harron. An example of this is the access channel provided to the City under the franchise agreement with Harron. A similar service is not provided for in the Marcus franchise agreement. We plan to discuss these issues with Marcus Cable representatives next week. We have 120 days from receipt of the notice to transfer (March 13, 1997) to take action on transferring the franchise agreement from Harron to Marcus, therefore the City Council still has time to act on the matter. For the reasons noted above, I request that City Council table the second reading of Ordinance No. 675 until staff has resolved these differences in franchise agreements with Marcus Cable. I am available for any further questions you may have. KH C • City of Southiake,Texas MEMORANDUM April 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 665-A, 2nd Reading, Amending the FY1996-97 Budget Ordinance No. 665-A is presented to the Council to reflect changes to the Adopted FY1996-97 Budget. These items have been discussed with the Council at previous meetings, and most address personnel issues to meet service demands. Exhibit "A" is an attachment to the ordinance, and includes a summary of the expenditure changes titled "Mid Year Budget Adjustments FY1996-97", plus an "All Funds Summary" which reflects the changes by Fund. Fund integrity is maintained, as the adjustments reflect the fund balance at 18%, within the adopted Fund Balance Policy which states a minimum of 15%, optimum of 25%. illiire There is one adjustment to revenues. In the General Fund, Franchise Fees have been increased to reflect the GTE lawsuit settlement. For the year, $76,000 was budgeted for GTE. The City received $202,919, therefore the Franchise Fees budget is increased $127,000. Listed below is a summary of the Mid Year Budget Expenditure Adjustments for all Funds, and the allocation by Fund: New Personnel and related equipment $264,481 FY1995-96 Approved items to be reappropriated $178,437 Professional Services $33.700 Total Expenditure Adjustments $476,618 General Fund $410,173 Utility Fund $66.445 Total Expenditure Adjustments $476,618 . New Personnel previously approved by City Council: ► Human Resources Assistant Code Enforcement Officer-Zoning ► Community Services Manager Park Planning Construction Manager ► Court Administrator Public Works Project Manager ► Two Motorcycle Police Officers Assistant to Public Works Director 7,c/ Curtis E. Hawk Ordinance 665-A, 1st Reading April 30, 1997 page 2 In FY1995-96, the City Council approved several items that, because of various reasons, were not purchased during the year. Many of the purchases were initiated by placing an order, but could not be concluded prior to September 1996. These include the second ambulance for the Fire Services Division, conversion of field operations vehicles to alternative fuels, computer and radio equipment, and professional services relating to City entryway landscape design and Community Development software development. These items are presented for reappropriation by the Council, since the City Charter states that appropriations lapse at the end of the fiscal year. An additional item included for consideration is $20,700 in supplemental funding to develop the Drainage Master Plan, initially approved in the FY1996-97 budget for $100,000. The proposal received to develop the Plan was $120,700. A compensation study is proposed, which will be necessary in order to update the City's pay and classification plan in FY1997-98. The Ordinance was approved by Council on first reading at their April 15 meeting. Please place Ordinance 665-A on the May 6, 1997 Council agenda for second reading. (lbw LAH L • 7F-2- , L .. rs. Q' C\ Q� 1. 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Ec ¢ ° wa' o rb � .o � UU w x Ua Q '.i -5 /t" C ORDINANCE NO. 665-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 1996-97 BEGINNING OCTOBER 1, 1996, AND TERMINATING SEPTEMBER 30, 1997, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT;REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Manager has prepared a revision of certain figures in the 1996-97 budget which was approved by City Council with Ordinance No. 665 on September 3, 1996, and submitted same to the City Council; and, WHEREAS, a copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the City Council has studied the Budget Amendment and has determined that the Budget Amendment attached hereto is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2, That the revised figures, prepared and submitted by the City Manager for the 1996-97 budget, be, and the same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved, and appropriated. Section 3. That the Budget Amendment attached hereto as Exhibit :"A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 1996, and ending September 30, 1997; and there is hereby appropriated from the funds indicated such projects, operations, activities, purchases and other expenditures as proposed in the Budget. Section 4. That the City Manager has determined that there are revenues available for appropriation in excess of those estimated in the 1996-97 approved budget. Section 5. That any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of conflict herewith. Ordinance No. 665-A (iippe page 2 Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. That the necessity of adopting and approving a proposed budget for the next fiscal year as required by the laws of the State of Texas requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly,so ordained. PASSED AND APPROVED on first reading this day of 1997. Rick Stacy, Mayor ATTEST: • C Sandra L. LeGrand City Secretary PASSED AND APPROVED ON second reading this day of 1997. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary C 7,c7 Ordinance No. 665-A page 3 APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: L\FINANCE\MIDYEAR\ORDfi65A.WPD/Ias C C EXHIBIT "A" page 1 2 Ea0 0 rn (ao Q to CO sr O N co CuL " ' N O to p EA EA EA Efl e- e- j l 1 1 ! I ! 1 i 1 I i i cM 1 o f 10 I 01 I i C) 1 I o�' I 0 1 >- • a) EA EA E!� Z c� , , Ui I j I j I j I I I 1 ! I , i I 1 1 o I 0 0� : o ! of S 'n;0 of laoo 0 69- cj EA: N Eol• - a) EA Z O 1 I I [ ! I i i , ; 1 1 1 1 1 Icn 1 'cam i 1 �' I I 1 ; 1 h ; i • I I I 01 II 1 1 )1 1 t i l l 11 C 1 1 I Ail i I0). I 1 ! I INI I I i 1 I 1 1 �: N. :NI ; c Z , '6g I to i i +r aN 1 ! I , o H a ► j H1HHIH jo Imo: i } WI i ; i i 0 E ti 0 -- o E c •o a) C CDi co` ! fl.,' , a) I 1•—' C ..E. •r 1 I 1 , U CO 1 2 = i ! ._ U01 a) m O fi Z' 0 to i Z 0 E to oa H = c 0 a) UNc tZ a - v cn (..., •nO -0O •E • cLL m cceco c 0 v U N • —I N ca cc ic = a. c •_ Q co O 0. 2 c d W0 _ moo C� o it' U) Ur o 1 iirE a) o cam Z = V ch 0 4 ti U )co c000 ,— ca Wo 00 0 0 0 0 OM • ca • Ci r• r- e- r- ' ' a- r- e- a EXHIBIT "A" page 2 ,COi ,- a a 0 <2 1 I i, P-- 10 tO 14•••• •r- 0 CO03 1- Eft •41' CD 0 11) L , N ;7- CO V.- NI...CO Eft Ei, EA. I •gt 0 0 CO. 0 Id Cfi.'_,Cr fA. EA fat9. CO . CO 'P. ,-- 0 0, 1 , co I Ea ! . Nr ! , .' . .r . a ! 000 000 a) ry I . r-- , NI a a >- 3 II N: : .:1-11.6 ri c3, Cl) I CN1 i 691 Ea -. 69. 1 Z ' ,Eft. , ! Oi i1 I : I r-- o so ,c) a: 0-) co so i coID: Nr 1 1=1 c') 1,01 Lc) o 1 Eli. r. I , , ,, 1 1 cr, !P--i --"I I'l ! ' 1 1=1 1 i • Intl . S a.)k co. ! I -1 . . : !NI i ! CNJ ! -! AO • -1 !C•1 ' Ea, 0) CD 0. !CO Z F2, !643 . . : ER • Ei:).i . . i . , . : .I' ta la r-- in in , o co I , .(1) CL V' `1 1 C ; O 0)ma' COC< -a 1 co- I 6 r..0 ra j , , , . I : , I : 'P. L. 0) C CIL I i3 co a) a) ca. , ! w • , ! ' 2 <5,0 ca E 6 g ...... 0 .- ,.. ci E u) 2 ca .o iii iiis ' c o .0 0...,z. . o E a). -0! o I ...0 ._, . ,I3N- 1..cE EC) C.9 Eli I a) r1 t! 0)1 c " ,-... ,_ ca § o cr 0-1 Las 8 c 0 .-0 - r)) : o -•:.- .2 a) 0 a) ----- .0- a co 1.47. c co 0 :j ...0 7. , c ...., .— I ucpcDoc co 1- a) u) CD 4-:1 L (51 ,7,• .-0.., e 5 4 a) , c 0 w " •••• Cn • 2 E 1 -6 0 a. (0) • L.. -a s. u -t LLJ i 0 al 0 ,•t A NI 0 .- 0 w e..) et Ir. e- (71 0...- al -6 Ecl E g LO CL 0 0 .4. gt CV a) cn as a. EXHIBIT "A" page 3 0) 0 00 tit Q o N NCS EA EA EA fi? HI i• ! j 1 i ( Y I I l 1 i i I I ch j ;1 i i 1 1 1 I I 01 I ! 0 i I i i coo_ >- N o a) , I I 40I Z cal i 0jII1I j III1 ► rn l i l O O cn v),l ' j0 I j ial , o I O N ; O Z y Oil Ilillll l l l i j I i i ID mv i I I I I c I 1 i , 1 oil , j c 3 c, , , w N > �I 1 d E Z ay I I CD Q- N 0 0 0 CD O- N "' 0 0 I m C) Q .0 .(C Cl) �cp a O O O ti CD 0 0. r- '- N CD O 3 >- 0) O!, Efl •" Z'm LL Lf) E , I co U cow c) a? evi l U. L I i ti 9 co 0 am } U- c_ v Cl) � co I I _ 0 ici +r I I I I I I.I tC C HI o cu E 0 I "c 0 o a * z Q o C D LL Q 112 c d c a. q La . ui ,, Vi il o co a. 5 o NO 0 M. a) OV Q La CI)Mt 10 O CO e- e- I-- a 7L-// EXHIBIT "A" page 4 Cr' N CO N d;UD CD NOCB co tP. Tr 1 i 1 1 Cr) 0 0 1 0 1 0 rn 1 I"- 1"-- O } aim• E9 En. EA. m 0 Z ,A f N. I o 00 0 0 0 ! olol j 0, 691 0 Nt o0l �!6 I 0I CO 0 z 40 ! I i I I 1 1 1 rn!(o1 11 i ' ! I ! ' ! I)j i 1 o' 01 co Zi 1 loi- ! I j 1 l Imo! 1 ► �i l � M 4.4 Ci 1 1 j ( j I i C oiIoi; N I N ! 1 I j 1 I �I ' 1 I 1 i E Z `co; 16969; �I i 1 a) 4+ UA: I "O EA Y al i z C ti > LL Co O N d' 'V ,- 669 Mo O' O O N N C v. Q .G 4- 'C r' CD 0 Q. v- % a) ti Z' LL 6 E L m i II I I O 1 V ea a) a)r- = O a) O >- >- .o 18 C) i1 L_ O 0 EU E G co Z o 0 N n co O a Z —1 D coo I 1 oCcZcn LL 4Y cv 1 W > m H- Z WI tU L •= Q Y c 0 W u. dE � � � V '- � Q W ++ a n. N d W d CT co LEOUQ HO Q CD M a ev • ea ZW323 N > 3 CV O ` C ch N I �QtiaQ co ca a) rn 3 Nt i°- M f°- 0 a 7A=iz. • EXHIBIT "A" page 5 (rive ALL FUNDS SUMMARY ADOPTED 1996-97 BUDGET AND PROPOSED REVISIONS '. i ' 1996-97 Adopted $Increase/ 1996-97 1992-93 1993-94 1994-95 ; 1995-96 1996-97 1996-97 (Decrease) %Increase/ REVENUES I Actual I Actual Actual I Actual Budget Revised Adopted -Decrease Ad Valorem Taxes $2,981,0481 $3,253,742 $3,841,660 $4,678,411 I $5,606,556 $5,606,556 S0 0.0% Sales Tax 636,7371 1,050,731 1.550.251; 2,215,064! 2,769,000 2,769,000 0 0.0% Franchise Fees 305,909 400,036 481,616 509,630 636,397' 763,397' 127,000 20 0% Fines 182,2711 238,030 274,1541 435,5371 353,600 353,600 0 0.0% Charges for Services 59,087' 53,786 109.093 222,052. 279.8501 279.850, 0 0.0%, Permits/Fees 1,398,832. 1,879,961 2,060,824 i 2,765,297 2,349,310 2,349,310! 0 0.0%1 Miscellaneous 121,434! 148,908 389,608' 444,163 191,079 191,079 0 0.0% Water Sales res dent al 2,294,377 2,608,334 3,051,223, 4,379,575 4,250,000 4,250,000 0 0.0% WaterSalestanmercial 438,097 468,864 511,344 576,5191 475,000 475,000 0 0.0% Wastewater Sales 237,213 371,706 511,901 680,936 590,000 590,000 0 0.0% Sanitation Sales 296,252 344,140 396,781 448,336 508,000 508,000 0 0.0%I Other Utility Charges 297,390I 373,733 310.1561 439,2751 359,000 359,000 0 0.0% 1 Interest Income 101.779, 215.662 228 811: 223.508 i 297.0001 297.000' Q 0.0% Total Revenues $9.350.42a' S11.407.434 813.717.402 ;18,018.301' 318.664.7921 $18.791.792I $127 000, 0.7%. EXPENDITURES I City Secretary $143.026I $212,832, $197,727 $255,958, $263,2531 $263,253 $0 0.0%1 City Manager 152,073 200,295 348.306 432,524, 446,302: 480,565; 34,263 7.7%1 Human Resources 0 0' 0 0 96,010'1 128,505! 32,495 33.8%1 Development .0', 0 98,694 110,511 114,882 114,882 0 0.0%i Support Services 502.644 615.511 706 488I 981.311 1.045.160 1.045.160 Q. 0.0% eneral Gov Total $797.743 $1.028.638 $1.351.215 81.780.304 31.965.607 $2.032.365 S66.758 3.4% Li 205,844 263,764 258,981' 390,864 381,591 381,591 0 0.0% Municipal Court 144.786 158.793 201.965 244.814 272.026 301.720 29.694 10.9% Finance Total I $350.630 S422.557 I $635.478 $653.617 $683.311 $29.694 4.5% Fire 566,832 728,480 783.873 901,925' 1,342,2641 1,452,264 110,000 8.2% Police 895,343' 1,055,234 1,304,845; 1,389,060' 2,147,850 2,188,966 41,116 1.9% Public Safety Support I 357.2681 434.779 §08.8801 835.7171 935.952' 935.952 Q 0.0% Public Safety Total 81.819.443', $2.218.493 52,697.598 $3.126.7021 $4.426.066 S4.577.182 $151.116 3.4% Building Inspections 154,0051 261,663 329,6471 351,228! 453,604 511,928 58,324 12.9% Streets/Drainage 857,494 1,225,241 1,058,4381 871,038 896,918 896,918 0 0.0% Public Works Admin 102,064 137,192 359,623 360,338 723,488 ' 754,678 31,190 4.3% Water 1,879,712 2,268,794 2,737,799 3,539,021 3,856,197 3,922,642 66,445 1.7% Wastewater 428,582 700,168 365,552 533,178 744,873 744,873 0 0.0% Sanitation 263.050 304.485 350.283 393.855 483.00Q 485.0Q0 Q 0.0% Public Works Total $3.884.907 $4.897.543 85.201.342 56.048,658 57.158 080 ST 314.039 3155.959 2.2% Parks and Recreation 154.220 834.875 625.811 885.560 1.129.799 1.172,890 41091 3.8% Community Dev.Total $234.170 $281.202 S393.321 S417.495 $507.157 6537.157 S30.000 5.9% Other 24,072 19,713 0 0 0 0 0 0.0% Debt Service 734.702 1.130.635 2.696 734 3.704.0361 3.477.764 3.477.764 Q 0.0% Total Expenditures 37.799.887 810.833.656 313.426.967' $16.598.231, ;19.318.090 $19.794.70a $476.61a 2.5% Net Revenues $1.550.5391 3573.778 ;290.434, ;1.420.0701 1E653.2981 (S1.002.9161 • • Proceeds from C.O.Sale $0I $1,293,741 601 688,1071 $920,000 6920,000 SO Transfers In $267,295 $424,613 $1,613.234 $1,3.393,2051 $1,732,815' $1,732,815 $0 Transfers out ($499.1561 (8643.2921 (S1.562.543'- 181.562.543' $Q Total Other Sources(Uses) (E231 861' 31 075 067 $1 090 277 $1 090 977 ,4Q Beginning Fund Balance S2,276,127 S3,215,164 S4,837,152 $5,358,163 S5,666,810 'S5,668,810 Reserved Fund Balance ($379,641) ($226,852] $493,321 ($3,489 $0 SO Ending Fund Balance I $3 215 164 $4 637 152 15.411.1.441 $5 666 81 QI $6 103 784 $5 754 16Q C ,... 7/ -/,3 EXHIBIT "A" page 6 Le GENERAL FUND ADOPTED 1996-97 BUDGET AND PROPOSED REVISIONS I 1996-97 l Adopted $Increase/ 1996-97 1992-93 1993-94 1994-95 1995-96 1996-97 1996-97 (Decrease) %Increase/ REVENUES I Actual Actual Actual Actual Budget ► Revised Adopted -Decrease Ad Valorem Taxes $2,144,651 92,189,927 92,375,342 $2,939,869 $3,357,212 93,357,212 $0 0.0% Sales Tax 636,737 877.615 1,033.501 1,476,709, 1,846,000; 1,846,000 0 0.0% Franchise Fees 305,9091 400,036 481,616 509,630 636,397 763,397 127,000 20.0% Fines I 182,271 238,030 274,1541 435,5371 353,6001 353,600 01 0.0% Charges for Services 59,087, 53,786 109,093 i 222,052' 279,850I 279.850 01 0.0%. Permits/Fees 1,251,288 1,680,919 1,901,24511 2,642,353 2,249,310 2,249,310 0: 0.0% Miscellaneous 44,847 40,350 200.7301 275,7101 105,179, 105,179 0 0.0% Interest Income 54.194 106.660 Q Q 143 0001 143.00Q Q 0.0% Total Revenues S4,678,984 $5,587,323 $6,375,681 $8,501,860 $8,9705481 S9,097,548 6127,000 1.4% EXPENDITURES City Secretary 9143,026 $212,832 9197,727 9255,958 9263,253 $263,253 $0 0.0% Human Resources $0 $0 $0 $0 $96.0101 128,505 32,4951 33.8% City Manager 152,073, 200,295' 348,306, 432,524 446,3021 480,565 34,263I 7.7%I Economic Development i 0 0 98,694, 110,511 114,882I 114,882 0! 0.0% Support Services 1 502.644; 015 511 706.4881 981.311 1 1 045.1601 1.045.160 Q 0.0% i General Gov Total $797.7431 $1.028.638; $1.351.2151 $1.780.304' $1.965.607' $2.032.365 $66.758' 3.4% Finance 205,8441 263,7641 258,981, 390,664' 381,591 381,591 0 0.0% Municipal Court 144.786 158 793 201.965 244,814 272_026 301.720 29 694, 10.9% Finance Total 9350.630 $422,557 S45Q.9_46 9635.478 9653.617 9683.311 $29.694 4.5% Fire 566,832 728,480 783,873 901,925 1,342,264 1.452.264 110,000 8.2% once 895,343 1,055,234 1,304.845 1,389,060 2,147,850' 2,188,966 41,116 1.9% blic Safety Support 357.268 434.779 608.880 835.717 935.952 935.952 Q 0.0% Public Safety Total $1.819.443 $2.218.493 S2.697.598 S3.126.702 $4.426.066 • S4,577.182, $151.116 3.4% Building Inspections 154,005 261,663 329,647 351,228 453,604 511,928 58,324 12.9% Streets/Drainage 857,494 1,225,241 1,058,438, 871,038, 896,918' 896,918 0 0.0%1 Public Works Admin 102.064 137.192 359 623 360.3381 723.4881 754 678 31.190 4.3%I Public Works Total I $1.113.563 $1.624.096 81.747.708 $1.582.604 82.074.010 $2.163.524 S89.514 4.3% Parks and Recreation ' 138.224 199.681 389.861 623.9741 952.7701 995.861 43.091 4.5•/a Community Dev.Total I S234.170: $281.202 $393.321 S417.495 ;507.157' $537.157 ;30.000 5.9% Total Expenditures $4,453,773 $5,774,667, $7,040,649 $8,166,557' $10,579,227 $10,989,400 $410,173 3.9% Net Revenues 1225.211 (5187.344 Oa= $335.301 (S1.608_679L -.(51.891.852k (1263.173 Proceeds from debt $0 $720,826 $0 $88,107 $920,000 $920,000 Transfers In 159,446 159,446 941,860 594,607 633,000 833,000 Transfers Out ;Q ($155.000) ($623.0001 (S377.2871 ;Q 54 Total other sources(Uses) $159 446 $725 272 $318 86r1 5305.427 $1 553 0001 $1 553 000 Beginning Fund Balance $1,125,708: $1,405,310 $1,542.081 $1,689,294: $2,326,535, $2,326,535 Changes in Rea.Fund Balance ($105,055i ($401,157J $493,321 ($3,489 $01 $0 Ending Fund Balance ! $1 405 31Q $1 542 081 $1 689.294 S2 326.535 $2 270 856I 51 987.683 I Fund balance percentage-Cn j 31.55% 26.70%, 23.99%. 28.49%1 21.47%1 18.09% , Li ,... 7, _- /s� EXHIBIT "A" page 7 L DEBT SERVICE FUND ADOPTED 1996-97 BUDGET AND PROPOSED REVISIONS 1996-97 Adopted S Increase/ 1996-97 1992-93 1993-94 1994-95 1995-96 1998-97 1996-97 (Decrease) %Increase/ REVENUES Actual Actual Actual Actual Budget Revised Adopted -Decrease Ad Valorem Taxes S836,397 S1,063,816 S1,466,318 S1,738,542 S2,249,344` S2,249,344 S0 0.0% Interest Income 12.040; 21.963 34.721 47.898. 35.750 35.750 4 0.0% Total Revenues $848,4371 $1,085,779 $1,501,039 $1,788,440 $2,285,094 $2,285,094 $0 0.0% EXPENDITURES Principal S240,000 S470,000 S665,000 S908,600 S947,350 S947,350 $0 0.0% Interest 413,292 575,737 563,385 581,494 734,098 734,096 0 0.0% Admin.Expenses 1691 2.28$ 4 4 2344 2.544 4 0.0% Total Expendlturos 5654,983 $1,048,735 $1,228,385 $1,490,094 $1,683,946' $1,683,946 $0 0.0% Net Revenues $193.454I S37.444 $2Z2.655t ILIUM I Sti01.148 6601.14$ S4 Transfers to 107,8491 265,167; 53.725I 67,519� 56,875 56,875 I Transfer out (231,8611 (218,679� (251,5851 (251,2031 (584,773; (584,773` I 1 Beginning Fund Balance i S140,1251 S209,567 S293,099! S367,893! S480,555: S480,555 i Ending Fund Balance 3209 567 5293 099I S367 Rol i $4$0 55S1 $553 8Q5' 3553.805I • I i i I I 1 i i C CI 7 .—./5— EXHIBIT "A" page 8 (mr, UTILITY FUND ADOPTED 1996-97 BUDGET AND PROPOSED REVISIONS I 1996-97 Adopted S Increase/ 1998-97 1992-93 1993-94 1994-95 1995-96 1998-97 1996-97 (Decrease) %Increase/ REVENUES Actual Actual Actual Actual Budget Revised _ Adopted -Decrease Miscellaneous S75,380 S108,558 $188,878 S168,453 $85,900 $85,900 $0 0.0% Interest Income 30,118 74,859 142,490 102,729 68,750 88,750 0 0.0% Water Sales-residential 2,294,377; 2,608,334 3,051,223 4,379,575 4,250,000 4,250,000 0 0.0% Water Sales-commerctal 438,097 468,664 511,344 576,519 475,000 475,000 0 0.0% Sewer Sales 237,213! 371,706 511,9011 680,936 590,000 590,000 0 0.0% Sanitation Sales 296,252 344,140; 396,761; 448,336. 508,000 508,0001 0 0.0% Other utility charges 297.390 373_733 310.156 439.275 359.000 359.000 Q 0.0% Total Revenues 63,668,827 $4,349,994 $5,112,753 66,795,823 $6,336,650 $6,336,650 $0 0.0% EXPENSES Other $24,072 $19,713 S0 S0 $0 .$0 S0 0.0% Debt sento►Rev.nu.Bortds 79,719 81,900 1,208,633 1,835,341 1,448,048 >.t,448,048 0 0.0% Water 1,879,712 2,268,794 2,737,799 3,539,021 3,856,1937 3,922,642 66,445 1.7% Sewer 428,582! 700,168 385,552 533,178 744,873 744,873 0 0.0% Sanitation 263.0501 304.485 350.283 393.855 483.000 • 483.000 Q 0.0% Total Expenses . $ 675.1361 $3.375.06Q $4.662.267 $6.301.396 $6.532_116, $6.596.563 $66,445 1.0% I Net Revenues $993.692 $974.934 $450.48fj $494.42E ( J5261.91 ($65 445 I ! j Transfers In $0 S0 $366,339 $367,879 $698,170 $698,170 Transfers Out (269.613' (550.084 (1.555.556] (633.0001 1633-0001 Sources(Uses) (267,295 (269,613, (183,745 (1,187,677) 65,170 65,170 Cr:ttal change in vee components174.30 na f S IiQ i!t i4., i4 Beginning fund balance $905,214. $1,357,025 $2,236,651, $2,503,392 $1,810,143 $1,810,143 Ending fund balance )1 357 025 )2 236 651 $2 503 3921 $$1 810.143 S1&mil )1 613 400 No.of days working capital � 185, 242 196 105 94 89 C ... 7,4--/b EXHIBIT "A" page 9 (i.e. SPECIAL REVENUE FUND Parks/Recreation ADOPTED 1996-97 BUDGET AND PROPOSED REVISIONS 1996-97 Adopted S Increase! 1996-97 1992-93 1993-94 1994-95 1995-96 1996-97 1996-97 (Decrease) %Increase/ REVENUES Actual Actual Actual Actual Budget Revised Adopted -Decrease Permits/Fees S147,544 S199,042 $159,579 S122,944 $100,000 $100,000 S0 0.0% Miscellaneous 1,207 0 0 0, 0, 0 0 0.0% Interest 5.427 7.761 17.854 31185 5"500 UM Q 0.0% Total Revenues S154,178 S206,803 $177,433 $154,129 $105,500 S105,500 SO 0.0% EXPENDITURES Professional Services S0 S98,515 S0 S0 S0, S0 S0 0.0%I Parks and Recreation 0 0 181,179 209,859 0 0 0 0.0% Park Improvements 15,996 65,218 0 0 + 0 0 0 0.0% Land Q 4621115 Q Q 122.942 12Z444 Q 0.0% Total Expenditures S15,996 S626,348 S181,179 $209,859 $122,000 St22,000 60 0.0% Net Revenues $138,182 (S419,5451 (53,7461 (S55,7301 ($16,5001 ($16,500] S0 Proceeds from C.O.Sale S0 $320,000 SO SO SO $0 Beginning Fund Balance $105,080 $243,262 S143,7171 $139,971 S84,2411 S84,241 Ending Fund Balance $243262 5143 717 $139 9711 384241 367 741 367 741 1 I I 1 (we Cie 7 -/7 EXHIBIT "A" page 10 L SPDC - OPERATING FUND Parks/Recreation ADOPTED 1996-97 BUDGET AND PROPOSED REVISIONS 1996-97 Adopted $Increase/ 1996-97 1992-93 1993-94 1994-95 1995-98 1996-97 1996-97 (Decrease) %Increase/ REVENUES Actual Actual Actual Actual Budget Revised Adopted -Decrease Sales Tax S0 $173,116 5518,750 $738,355 $923,000 $923,000 S0 0.0% Interest Q 1.181 17.728 25.271 22,000 22,000 Q 0.0% Total Revenues $0 $174,297 5534,476 $763,626 $945,000 $945,000 80 0.0% EXPENDITURES Personnel S0' 57,971 $49,971 546,927 $50,229 550,229 $0 0.0% Operations 0 875 4,800 4,800 4,800 4,800 0 0.0% Capital Q a a a 4 a a 0.0% Total Expenditures $0 $8,848 $54,771 $51,727 $5,029 $55,029 S0 0.0% Nit Revenues S0 $165,451 5479,705 $711,899 $889,971 $888,971 $0 TransbnOut 0 0 (251,310) (405,200) (344,770) (344,770; Proceeds from C O.sae 4 4 4 Q a 4 Total Other Sources(Uses) 0 0 (251,310) (405,2001 (344,770)' (344,770, Beginnu,g Fund Balance $01 SC $165,451 5393,846 $700,545' 5700,545 Ending Fund Balance IQ $165 451 $393 846I S700 54@, $1 245 7461 S1 245 746 j C C ... 7,4--/F EXHIBIT "A" page 11 Ce SPDC - DEBT SER VICE FUND Parks/Recreation ADOPTED 1996-97 BUDGET AND PROPOSED REVISIONS 1998-97 Adopted $Increase/ 1996-97 1992-93 1993-94 1994-95 1995-96 1996-97 1996-97 (Decrease) %Increase! REVENUES Actual Actual Actual Actual Budget Revised Adopted -Decrease Interest Income ;,0 $3211 $18.020 $18.425 122,00Q 122.441 ;Q 0.0% Total Revenues S0 $3,238 $16,020 $16,425 $22,000 $22,000 $0 0.0% EXPENDITURES Principal S0 $0 $50,000 $95,000 $110,000 $110,000 $0 0.0% Interest 0 0 209,718 283,601 234,770 234,770 0 0.0% Admin.Expenses Q L Q Q 1.4411 1.101 Q 0.0% Total Expenditures $0 $0 8259,716 $378,601 $345J70 i $348,770 $0 0.0% NetRwenues S0 $3,238 (9243,8981 ($382,1761 ($323,770f ($323,7701 $0 Proceeds from sad sale S0 $252,915 S0 $0 S0 $0 Transfers In Et IQ $251.310 1363.200 $344.770 S344.770 Total Other Sources(usss) $0 $252,915 $251,310 $363,200 $344,770 $344,770 eittoming Fund Salem $0 S0 $256,153 $263,767 $256,153 $256,153 Ending Fund Salaam El 122L1.11 1783 767 ;764 791 s 77 1 '► $277 153 • (Ile 7,c /9 City of Southlake,Texas STAFF. REPORT May$2, 1997 CASE NO: ZA 96-130 PROJECT: Second Reading/Ordinance No. 480-220 Rezoning and Concept Plan/Timarron Commercial, Tract I STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for approximately 58.202 acres situated in the James J. West Survey, Abstract No. 1620, Tract 1, as recorded in Volume 9827, Page 974, D.R.T.C.T. LOCATION: Southeast corner of the intersection of Dove Road and State Highway No. 114 OWNER AND APPLICANT: Timarron Land Corporation CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING (ORIGINAL REQUEST): "SP-2" Generalized Site Plan District with Mixed Uses,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, and "HC" Hotel District AMENDED REQUEST: Same as above,but deleting"C-4" Arterial Mall Commercial District from list of proposed zoning categories (see attached letter). Per discussion from Planning & Zoning meeting on February 13, 1997, Applicant deleted "B-2" Commercial Manufacturing. LAND USE CATEGORY: Mixed Use (may include 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) Retail Commercial (Same as in CS, 0-1, C-1, C-2, C-3, and B-1 districts) NO. NOTICES SENT: Twelve(12) RESPONSES: Three (3) written response was received from within the 200' notification area: • Douglas P. Nitsch, 2135 N. White Chapel, Southlake, TX 76092, in favor. • Claude Shivers, 5808 Dana Dr., Fort Worth, TX, undecided. • Robert Rawls, 165 E. Dove, Southlake, opposed. "Cause too much traffic(we're at our limit now)-Too much noise-There will be no country settings left in our town and that's the whole reason for moving here!" One(1) response was received outside the 200' notification: • 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. RESPONSES: (AMENDED REQUEST) 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. Kroll, 204 Sheffield Ct., Southlake, TX • Paul Hendricks, 200 Sheffield Ct., Southlake, TX 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. 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)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. February 6, 1997;Approved(6-0)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 '7C-.2 amendments: • Specific Use Permits will be required for fifth(5th) and sixth (6th) floors on buildings; • relocate the eastern boundary of Tract IA back to proposed Kirkwood extension; • any "HC" Hotel use will be allowed by S.U.P. only; • 100' building setback is required on White Chapel Boulevard and adjacent to the "R-PUD" Residential Planned Unit Development on Dove Road; • 4:1 slope from Timarron's property line adjacent to residential property; • berms will be three feet(3')to eight feet(8') with an average height of five feet(5') within any 50' bufferyard; • the following uses in "B-1" Business Service Park will be allowed by S.U.P. only - lithograph, engraving, printing and publishing; • in "C-1"Neighborhood Commercial, gasoline filling stations will be allowed by S.U.P. only; • in"C-2" Local Retail Commercial, filling stations or service stations will be allowed by S.U.P. only; • the 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. COUNCIL ACTION: April 15, 1997; Approved (7-0) subject to Concept Plan Review Summary No. 2 dated April 11, 1997 with the following amendments: 1) delete nursing / care facilities and schools in all use categories; 2) extend uses on Tract 1A to 300'east of Kirkwood("B-I" uses allowed) per joint City Council / P&Z work session packet dated 03-27-97; 3) require future development regulations as passed. STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary No. 1 dated October 11, 1996 and Concept Plan Review Summary No. 2 dated April 11, 1997, with the exception of those items in the attached Concept Plan Review Summary No. 3 dated May 2, 1997. Please find the attached submittal dated April 21, 1997. The pages numbered "DR" will be incorporated into the final ordinance. L:\W P-FILES\IvIEMO\96CASES\96-130ZC.W PD OCT-11-98 11 :40 FROM: ID: PAGE 2 (se October I I, 1996 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. 1 (Proposed zoning-SP-2 Generalized Site Plan Development) • Remove C-4-Arterial Mall Commercial District(Sec. 23) from the list of proposed zoning categories Lie 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) • 1-1 -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, sen S v Yetts, .E. • Development Director Enclosure SEY/kd Lastltr REC'D 0C T 11 1996 01/23/97 18:03 UCi40li000u • 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: i Dennis King DATE: 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 had 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 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 outilii utilities) and thheen sell ell fof the r South ace'cts a cuusers come along. Each sale,if good planning does not happen t to quality development and good commercial neighbors. With each sale by Westwood the residents of Southlake 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. GARPOLEGALmoRD18010950CMIDK9597DOC • • (L January 29, 1997 TO: City of Southlake Planning &Zoning RE: Cases #ZA 96-130 #ZA 96-131 #ZA96-132 Greetings: My name is Gary S. Krall 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 normally offered in other communities, a nice lake access and less traffic than in the Now congested big cities nearby. Southlake did not have the drawbacks of many of the other suburban areas we looked at and 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'D JAN 3 0 1997 7G-ts • PC, 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 Timarron 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 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. L W,e dA7 -7 -7 • t' Allow 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 (Cri offers 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 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 l REC'D J AN 3 0 1997 •Jam, 7C-a -a Ii 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 five protection, etc. must be addressed before the City of Southlake can give approval in any way to the Timarron 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 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. ioh&Ilum-iLt-i-J)(f' 7C�-q . c� l-I • t ' \ / . Z° L.‘g P < .. L ,...:4 1 . I_ -Al ,,,...41:!...„„ . . ..... . ,, c,.,,..,„ , . sizi.„.-: I---:3'.',;,:4'.2 ' j''''34--;•::-.., *4; .://1 I Ng .11 - lir ' s '': o • ,f h- ,., .4.,,,,A-•,,,,,,•:4-,-.. .f.- 4 . -1„walla:grip P4 ;� 2 4.4 - - .-.4-1.4.-:- r,?..*:44.'i*-: ''''--i— tithAt_rit...11-511: -'' /P.': ...:,--...4..`, ,.`.....? Tufty, VI,715] iA6. ',.. . _ „+,f.. .--...i...;,--..:,,L, ,,,.,,,. ,., ..:,t,.4.,„ uz,,, Imektak....Krz.,_- -11 .111Asy 14‘, Mai � ✓�-t1Lilitz--,- \ al 4 ) lb �-7 it t7.1 .1.I; ...% V % tr-!IT r , ,...-:-„*.;,-,5,-,,,i -----,41,,,,g.t. am A., 11 a . Ga . wai eir_4M. 'CC r iii 0—,01 _ (iii, (:„.c.._) w 0 „73. 1 em4. . , ui - — e _— WM •.a rt — ' / ' ;,11,1114;0111P . a , ,_ Ini o �� to 1 i ti 1111°14k1.- 1 r. 1 �-L— ��e I Y 3�Sf7H/f10£d� LU .. '11E(Eii c. : 'cr 0 ' �. -21.4k_ ,Ailli . -,Iq i ---1 iF- pm • TRACT MAP ey O • § g \ �/ �a L < op,,.... icr.1,.. ......7. (..... e M-1` / • \ al 01V f ` W U� .p . If ,_ �� _ __ F•f if O' �. t in to '. I: Q i� •— I i3 4 rs.,-7 t144'..-a3i. 1 .. ��, '} CO 1 Tr cuct. 4.1 - it i .f a! l r s 1 •1 CO '; •._ , r .- . 0 W =7�� `t___ z CD g a !f r Z f ,-. �.. -- �� if o ( ~ + O t •4 6. ,tv:. I ; = Q 4 L CI C -- a Z`i .E do sg,I lit eon `d O` •. ann`a TWO _ C7 :' Z �-a a - bo 0 0 0 0 0 4 a a. a a a A a a a a a z c a a a a 8 H .' ° a a 00 a o oli a4 e c 't r d c@ 3 0 o s v c c co� m CO.k co. w a a �i 3 v �. L., zu, dnco P. • trig za qt ..-. CVc'1 a' h b 0.. CO 0 .-r N .+f Vf %0 0.- 00 7G-ri City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No:ZA 96-130 Review No:Three Date of Review: 5/02/97 Project Name: Concept Plan"S-P-2" Zoning-Tract I Timarron Commercial.58.202 acres situated in the James J. West Survey.Abstract No. 1620, APPLICANT: PLANNER/ENGINEER: Timarron Land Corporation Carter& Burgess. Inc. 300 E. Carpenter Freeway. Suite 1425 7950 Elmbrook Drive. Suite 250 Irving. Texas 75062 Dallas. Texas 775247 Phone: (214) 791-3333 Phone: (214)638-0145 Fax: (214) 541-0800 Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/21/97 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. * The applicant appears to have met all requirements of previous reviews. * The applicant should be aware that an additional 4'of right-of-way,minimum,(based on the minimum R.O.W. width required to accommodate the street cross section)may be required for the City Trail System along the proposed internal collector. Although R.O.W. is not dedicated with the Concept Plan,the applicant should also be aware that the City Thoroughfare Plan adopted 3/4/97 has expanded • the minimum R.O.W. required along Dove Road and White Chapel from 84'to 94'. * A revised concept plan or site plan specifying the intended use for each proposed lot must be submitted prior to or concurrently with the preliminary plat for this site. Subsequent revised concept plans and/or 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 a site plan and may be required with the submittal of any revised concept plan depending on the nature of the plan. The TIA must encompass the entire tract and not just the portion for which the revised. concept plan or site 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 §43.9C 1 e, 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 76 /Z City of Southlake,Texas • 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. * It appears that a portion of this property lies within the 65'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * 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 and Tap Fees,and related Permit Fees. * Denotes Informational Comment cc: Timarron Land Corporation Carter&Burgess, Inc. L:\WP-FILES\REV\96\96-130CP.3 � �-/3 • 1--4. Choi 00 1; v ii i li \ / § za \ . U§1 < : 1/ . . . . II Iiii ll 111 it ;N Z V ~ a 1 A 4 R ;Ili i i i 1 ill g 1 (...). 1 1 1 1 i milli gai t ! I ; E1U_ ITh 111"1 Ila1 l 1�' O •..V V �/y 0. I 0: 44 ! c, cit . : 0 "Gz) Il N t "' ÔI& Id c lid I eNi a (4 0 -, . i a � $ 4 1 1 I 1 I'Dt —.awl-5,-.141______2•___:- ..'Ar*--FAWA-___ ___ 3.. __ ____ 01 i Li CI 0 o rs• a •.�o o - i� " Al: 0.0 git) z * • '4 ga ' V • x (1110.1 . . . 0 1 i<e • 10, Iroljoi4 _it , ..40t, 0. e. f , - ,/,`N, ,o4, ,i, .. iz es ------7 =�� T`------------ , �1 — ! i a`�s�' 18.1 ° II W 1:o •t_• d ill I - gym° ° o° j� • d i. sg 4 44111 zoo „I ( - d 4 0 4 0 P . Ili ili .- e . koodi / -- ,,,-. .-'-'- - .„--Zieh _,... •OP •••• I I ll i 3 4:17 ''i k 8A17lQ { . rdi isitit1111 Ai c o'.1! ti 41 1111 '�1 op II • d, O R° oPg I p -.1 7C�—l� 1g5 l TIMARRON COMMERCIAL TABLE OF CONTENTS TRACT I 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 BACKGROUND INFORMATION • ENGINEERING ANALYSIS • TRAFFIC STUDY • RUNOFF STATEMENT April 21, 1997 REC'D APR 2 11997 96204401.R01 PROPOSED LAND USE CATEGORIES Timarron Land Corporation is requesting a SP-2 Generalized Site Plan District zoning category for Tract I in its entirety. It is envisioned to be a"Mixed Use" 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 SP-2 Generalized Site Plan District zoning request will divide Tract I into two (2) separate parcels and will allow the following land use categories for each: PARCEL A • CS - Community Service District (Sec. 8) • 01 - Office District(Sec. 18) • 02 Office District(Sec. 19) • CI -Neighborhood Commercial District(Sec. 20) • C2 - Local Retail Commercial District(Sec. 21) • C3 - General Commercial District (Sec. 22) • HC - Hotel District(Sec. 28) PARCEL B (...." • CS - Community Service District (Sec. 8) • 01 - Office District(Sec. 18) • B I - Business Service Park District (Sec. 24) Refer to the Concept Plan Exhibit for general location of each parcel and special restrictions. • CApril 21. 1997 96204401.R0 1 DR-1 7C-(lp PERMITTED USES C It is intended that the SP-2 Generalized Zoning District shall permit those uses defined under the land use categories identified in this document (as established in the City's Comprehensive Zoning Ordinance No. 480) and shall specifically include those uses described as: • "Permitted Uses" • "Accessory Uses" • "Specific Use Permits" • "Special Exception Uses" • Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or have not been defined by current technology. LAND USES There are exceptions to the permitted uses. The uses"lined-out" on the following pages shall be considered undesirable for this property and, therefore, prohibited. Those uses identified with a double asterisk (**) shall require a Specific Use Permit(SUP). Sexually oriented businesses will not be permitted on Tract I. 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) April 21, 19 97 96204401.R0I DR-2 ** Use Permitted by SUP Only 7&I7 0-1 OFFICE DISTRICT (iipoi 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 e. 18. Finance ' 19. Interior design 20. Land surveying 21. Law 22. Management consultants 23. Optometrists 24. Other offices of a business andior 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. unden\Titers and exchange offices 33. Stenographic services 34. Title companies 35. Travel bureaus or services 36. Utility offices C April 21. 1997 96204401.ROI DR-3 ** Use Permitted by SUP Only -7G-1 g B. Community Facility Uses CI. (DELETED) ** 2. Recreation and open space P ** 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 C . , . • . . April 21, 1997 96204401.R01 DR-4 ** Use Permitted by SUP Only 7 G-19 0-2 OFFICE DISTRICT ci I. Permitted Uses A. Any use permitted in the 0-1 Office District B. Day nurseries or equivalent child care facilities • C April 21. 1997 , 96204401.R01 DR-5 ** Use Permitted by SUP Only 7G 2v C-I NEIGHBORHOOD COMMERCIAL DISTRICT (hri I. Permitted Uses A. Commercial Uses 1. Offices of a business and/or professional nature 2. Bakeries 3. Barber and beauty shops 4. Cleaners, laundries and/or Laundromats ** 5. Gasoline filling stations that operate in conjunction with small convenience stores 6. Grocery stores and/or meat markets 7. Newsstands and/or bookstores 8. Restaurants, tea rooms and/or''take-out- food establishments 9. Tailor, clothing or wearing apparel repair shops B. Community Facility Uses ** 1. City hall, fire and police stations and other municipal uses(excluding wastewater treatment facilities, landfills and transfer stations). C c April 21. 1997 96204401.R01 DR-6 ** Use Permitted by SUP Only C-2 LOCAL RETAIL COMMERCIAL DISTRICT •� 1. 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 washatcrias 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 38. Variety stores April 21. 1997 96204401 ROI DR-7 ** Use Permitted by SUP Only 7(-)-02 2 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 bowline 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 (001 and mausoleums) 18. Music or record shops 19. Nursery buildings 1 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 specific uses permit(sexually oriented businesses are prohibited) 27. Toy stores ** 28. Upholstery shops - furniture 29. Variety stores . • C April 21, 1997 96204401.tt01 DR-8 ** Use Permitted by SUP Only 7Ga3 B-1 BUSINESS SERVICE PARK DISTRICT* (0, I. Permitted Uses A. Office and Commercial Uses 1. Any use permitted in 0-f 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 C ** 15. Nursery yards or buildings for retail sales and landscaping companies ** 16. Optical instrument and lenses manufacturing 17. Private/public 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, land tills and transfer stations) * Any manufacturing use within the B 1 zoning district shall require a SUP. April 21. 1997 96204401.RO I DR-9 ** Use Permitted by SUP Only 7G ,24 "HC" HOTEL DISTRICT 1. Permitted Uses ** I. 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) C April 21, 1997 96204401.R01 DR-10 ** Use Permitted by SUP Only 7C 25 DEVELOPMENT STANDARDS It is intended that the SP-2 Generalized Site Plan Development 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 for each land use category with the following exceptions: BUILDING SETBACKS Setbacks for Tract I 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. Setbacks Adjacent to Residential CS 100' Min. Col OI 100' Min. 02 100 Min. C 1 100' Min. C2 100' Min. C3 100' Min. B 1 100' Min. HC 100' Min. C April 21. 1997 96204401.Ro 1 DR-1 I 7(9 -.2(D BUILDING HEIGHTS CMaximum building heights Ibr Tract I land uses shall be in accordance with the following table: Maximum Building Herat CS 35' 2.5 Stories 01 45' 2.5 Stories L. 02 90' 6 Stories * Cl 45' 2.5 Stories C2 45' 2.5 Stories • C3 45' 3 Stories (i.,, B1 45' 2.5 Stories HC 90' 6 Stories * * HC and 02 uses shall be restricted to a maximum four(4) stories. The fifth and sixth story shall be permitted by SUP only. C April 21, 1997 96204401.R01 . DR-12 BUFFER YARDS Perimeter huller yards for Tract I shall comply� with the Comprehensive Zoning Ordinance No. 480 and shall have minimum widths in accordance with the followine table: Adjacent to Whites Adjacent to Chapel Blvd. Residential* Other CS 50' 35' 25' 01 50' 35' 25'. 02 N/A 35' 25' C l N/A 35' 25' C2 N/A 35' 25' . C3 N/A . 35' 25' B I 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 I. Refer to the Buffer Yard and Open Space Plan exhibit for the general location of each buffer yard type. • • April 21. 1997 9620-1401.ROI DR-13 -7C,.28 50' BUFFER YARD SECTION ADJACENT TO WHITES CHAPEL BLVD. / 50' BUFFER YARD oit , z to \ 3 f leo• 41101,,,,,folor,„, A. Li liOr iiii0 _....iik - AP' ipiri 0 lFes' gitilif,%. Rs % 7 PARKING 1 M1k. 1.4�. t: a 3'-8' HT. IfMEANDERfNG " ' 1 BERM (, i ___J I IAVG. S'HT.) C April 21, 1997 96204401.1 7C-,29 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 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). OPEN SPACE The open space for the 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. 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. 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''''"..---7;-•: '•;;:i:••••• •i'''...d:1. ..•"••;-'; .- - '. ....-..:' g..zZ-.-..- -. H--=---•••••'••'.:_.7,..f,'...;i•:',.414 t if.= • i 3 .-777,,,,,,,,r.,,•- •-•,....._.; .1,,, , ,.• .,rja,-::.....-.••,....,,,,,r.p.,...:-4. :.•..-.......-- •.. iI : . 1 kP . , C li I ' ":1•J'.. -... . CONCEPT PLAN `, This submittal responds to the concept plan requirements defined in Sections 32 and 41 (as amended in Ordinance 480-C) for a SP-2 Generalized Site Plan 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 I The following table demonstrates land use categories permitted for each parcel within Tract I. The attached exhibit"Concept Plan" further illustrates the general location of each parcel. PARCEL Area LAND USE CATEGORIES A * 26.57 t AC CS,01, 02,Cl,C2,C3, HC • B 31.63 t AC CS.O 1, B 1 ( C * Parcel A uses may extend 300'east of Kirkwood Boulevard should it be extended south of Dove Road. SPECIAL RESTRICTIONS • Access to Whites Chapel Boulevard shall be restricted to one full access location. • All HC and 02 uses shall be restricted to a maximum of four(4) stories. The fifth and sixth stories shall be permitted by SUP only. • Landscaping 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 It is Timarron Land's intent to have in place master design guidelines to create continuity and quality at the development plan stage for Tracts I. The design guidelines will be available for review at the time of development plan submittal. ( CApril 21, 1997 96204401.R01 DR-15 -7G -3 2, 1-1 $ Za C", \ . / ' Iv 11 i . ill 1 MN N ep tN1 < i .. o 'I ilk3 E•'� a 1 i 1 1 ;111111 11 1:1go u . i i al <. I I I I I WWI I I I I 12i H. a l Ili : ilipidi . 0 •••••• N."-•••••• PI o i] 0 • Y li 1 lt) o < � N o . • g I I 1 P , lik • ..t : if Ii. li - Je , 9 s. -13 1 Ihi • .. f . iii 'i. . '-• - - N .., ID i 141 gi IL t . p. : 6 Li . • p . ' . R' t / itc.g_w►1� i �; , f ,: _ ; /. -,. 6 s . 4;'-" "/ i i'y � b illiklIP all 1 ill III' \ a : :z ,l i 3 < IiiS IIIil ° zt 5. \\ i i. 1., `',, j�-- % per 1 , �; !Iil P24 . !i* 4 ...._ 3 77 -Y, 1r rni // '_/ I---. �% • !��-� � �il Arii .iir. +�C-.��'"' gal--.-- All co • elk 411....••••1410- — 0 l../o 41011 • ;11 . . • o 410 0 el ig tor, j. 7 . 2 , . ... 0 . . ,...,. . u n . E ,, tt'':s:"'Rf-j -7—' .... A r dad 7G—3 3 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 The site is generally bisected by a ridgeline in the north-south direction. Drainage to the west will collect at a low point along Hwy. 114 and be conveyed under the highway via a culvert system. Drainage to the east will collect at a low point along White Chapel Boulevard and be conveyed via a culvert system to a natural drainage way east of the roadway. WATER DISTRIBUTION The existing perimeter water distribution system will allow the convenient and adequate connections to serve the future internal systems. Negative impact to the City or neighboring areas is not anticipated. A minimum 12" waterline constructed within the proposed major collector will also serve to enhance the overall circulation and pressure. SANITARY SEWER COLLECTION SYSTEM (.(00, This site is ultimately served by the gravity line to the north currently under bid and slated for construction in 1996. This offsite gravity line wold need to be extended south to the Tract 1. TRA is currently constructing the lift station at the terminus of the gravity line. This lift station is being sized to handle the entire north divide(everything north of Hwy. 114.) The westerly two-thirds of the tract flows west to a low point along Hwy. 114. It is likely that a lift station would need to be constructed to force this flow north to the gravity line. The eastern one-third of the site flows to a low point along White Chapel Road. From this point, an offsite gravity line would need to be built to carry the flow to the Quail Creek lift station. /C April 21, 1997 96204401.R0I B-I 7 -3 4 TRAFFIC STUDY C , 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. 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 ((i., progress and will incorporate all TxDOT updates into the future traffic analysis. PERIMETER STREETS The potential exists for Kirkwood Boulevard to be extended south from Solana into Tract I. State Highway 114 and Dove Road will provide the primary access into the tract. White Chapel will be a less intensive road for access,only one full access will be permitted. 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)will be provided at the development plan stage of the process. At that stage of development,the proposed users will be known and an accurate analysis of all traffic impacts can be performed. CApril 21, 1997 96204401_R01 B-2 7 G -35 RUNOFF STATEMENT f.C 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. ( C April 21 1997 96204401.R01 B-3 7 C —3(o C' CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-220 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 58.202 ACRES SITUATED IN THE JAMES J. WEST SURVEY, ABSTRACT NO. 1620, TRACT 1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH MIXED USES,TO INCLUDE LIMITED USES IN THE FOLLOWING DISTRICTS: "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, "B-1" BUSINESS SERVICE PARK DISTRICT, AND "HC" HOTEL 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 (6., District under the City's Comprehensive Zoning Ordinance; and L:\CTYDOCS\ORD\CASES\480-220.WPD Page I (or' WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, (Itope WHEREAS,the CityCouncil of the Cityof Southlake,Texas,does find o s i d that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: L:\CTYDOCS\ORD\CASES\480-220.WPD Page 2 76 -3 C. 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 58.202 acre tract of land situated in the James J. West Survey, Abstract No. 1620, Tract 1, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "S-P-2" Generalized Site Plan District with Mixed Uses, to include limited uses in the following districts: "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, "B-1" Business Service Park District, and "HC" Hotel District, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs,sentences,words,phrases and definitions of said Zoning Ordinance are not C. 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. L:\CTY DOCS\O RD\CAS ES\480-220.W PD Page 3 7 —39 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. MAYOR L:\CTYDOCS\ORD\CASES\480-220.WPD Page 4 7�-L1D (00, ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Cr' C L:\CTYDOCS\ORD\CASES\480-220.WPD Page 5 _7C-4/ • (160, EXHIBIT "A" BEGINNING AT A POINT FOR THE INTERSECTION OF THE APPROXIMATE CENTERLINE OF COUNTY ROAD NO.3080 (ROANOKE-DOVE ROAD) AND THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY NO.114,SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID 58.202 ACRE TRACT; THENCE S 89^27'03" E,ALONG THE NORTH LINE OF SAID 58.202 ACRE TRACT AND SAID APPROXIMATE CENTERLINE,A DISTANCE OF 2154.0114MT TO A POINT FOR THE INTERSECTION OF SAID APPROXIMATE CENTERLINE AND THE APPROXIMATE CENTERLINE OF COUNTY ROAD NO.3016 (PLEASANT RUN-WHITE CHAPEL ROAD),SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID 58.202 ACRE TRACT; THENCE S 00^20'14" W,ALONG THE EAST LINE OF SAID 58202 ACRE TRACT AND THE APPROXIMATE CENTERLINE OF SAID COUNTY ROAD NO.3016,A DISTANCE OF 128L60 FEET TO A POINT FOR THE SOUTHEAST CORNER OF SAID 58.202 ACRE TRACT; THENCE N 89.'56'40" W,ALONG THE SOUTH LINE OF SAID 58.202 ACRE TRACT,A cDISTANCE OF 1789.42 FEET TO A POINT IN ME -EAST RIGHT-OF-WAY LINE OF SAID STATE ,HIGHWAY NO.114,FOR THE SOUTHWEST CORNER OF SAID 58.202 ACRE TRACT; THENCE N 19^23'50" W,ALONG THE WEST LINE OF SAID TRACT AND SAID EAST RIGHT- OF-WAY LINE,A DISTANCE OF 308.20 FEET TO A POINT FOR CORNER; THENCE 5 ACRE TRACT,THE FOLLOW** FOUR DEPARTING SAID EAST WAY :'ALONG THE WEST LINE OF SAID N 12^38'54" W,A DISTANCE OF 470.62 FEET TO A POINT FOR CORNER; N 70^38'25" E,A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER; N 19^23'50" W,A DISTANCE OF 539.72 FEET TO A POINT FOR CORNER; N 89^2316" W,A DISTANCE OF 36.94 FEET TO A POINT FOR CORNER IN SAID EAST RIGHT-OF-WAY LINE; THENCE N 35^2757" E,ALONG THE WEST LINE OF SAID 58.202 ACRE TRACT AND SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 3012 FEET TO THE POINT OF BEGINNING,AND CONTAINING 58.202 ACRES OF LAND,MORE OR LESS. C L:\CTYDOCS\ORD\CASES\480-220.W PD e- Page6 h-ef EXHIBIT "B" 0 h14 L ..,..... ... ap Z \/ /\ a o & 1 1 1 1 i 1 ii g 1 55 1 ir' 4 e'l U z(-9 E -.44 - R ( M--- h - w 1 o 1 I 1 iiiiill i it " f <e I I I I I IIIIIII 1 QR, 8 08 g i 0 , ' lilltqa 11R5 11 t 1 _.___ -,R ki (D5 ^ 0 Z • 0 W : 0.1%g , • . og gib% 1 li 1 N ) . -Pi imil• Elf- rb , a li . 1 i NM C Ilii, u) ' lio ti . ilip . 2 ! 11 1111111.1 --- r- - r ad9 E�lr• ;1 0 � • • ' ilii: 01 Q8 . EZ 0 . 4 0 ill 4 I! • o ;ix ;�o O ad ^.� s ; / m • 0o IL . ..........„ ;, i+i ' ' la9 p e, \J • . 0 ii ...Ia. ilip ' .1p / .14 0 00 L ;Ifs ° - `% ./ ... 06 } IA __._-----v_._ rr-ff NI________ 1- o 4 < Nt7 7.! 88ZO� _ ( , 4S 513 • oa g5 I '� ,-.ty� ='ram ' • ° `.tems►-` S -+ , _- -- ..,• .4. _--- ..„-;-- •- „...-_-_-:- r %! %.'1 �A to- J - _,----, -"" __-- i 4-,---g y4.1.01. ,..-- 5 21 '�-i i ' ` �,t' aAraa savo t avHs / "'"--".. --5'.' TIIIM rotergilrillir ..- 1"---1-::::-... -----e'.-.'- t ". (4. ow/ribil . .. • iNIL 111_.l rail . 0„, oki.lrai I . • Q o . ,._ tQ , ° • o i ail o i 12 xlD � f6,i • (ipie \ n /I in i °5 , . - Fit Emil L:\CTYDOCS\ORD\CASES\480-220.WPDE Pagel 7C- -�I'J .,—,. £ TIMARRON COMMERCIAL TABLE OF CONTENTS TRACT I 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 BACKGROUND INFORMATION • ENGINEERING ANALYSIS • TRAFFIC STUDY • RUNOFF STATEMENT REC'D APR 211997 April 21, 1997 96204401.R01 PROPOSED LAND USE CATEGORIES L Timarron Land Corporation is requesting a SP-2 Generalized Site Plan District zoning category for Tract I in its entirety. It is envisioned to be a"Mixed Use"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 SP-2 Generalized Site Plan District zoning request will divide Tract I into two (2) separate parcels and will allow the following land use categories for each: PARCEL A • 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) • C3 - General Commercial District(Sec. 22) • HC - Hotel District(Sec. 28) PARCEL B (kirrY • CS - Community Service District (Sec. 8) • 01 - Office District(Sec. 18) • B 1 - Business Service Park District(Sec. 24) Refer to the Concept Plan Exhibit for general location of each parcel and special restrictions. L April 21, 1997 96204401.R01 DR-1 PERMITTED USES It is intended that the SP-2 Generalized Zoning District shall permit those uses defined under the land use categories identified in this document (as established in the City's Comprehensive Zoning Ordinance No. 480) and shall specifically include those uses described as: • "Permitted Uses" • "Accessory Uses" • "Specific Use Permits" • "Special Exception Uses" • Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or have not been defined by current technology. LAND USES There are exceptions to the permitted uses. The uses "lined-out" on the following pages shall be (10., considered undesirable for this property and, therefore, prohibited. Those uses identified with a double asterisk (**) shall require a Specific Use Permit(SUP). Sexually oriented businesses will not be permitted on Tract I. 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 April 21. 1997 96204401.R01 DR-2 ** Use Permitted by SUP Only 0-1 OFFICE DISTRICT (1160, 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 April 21, 1997 96204401.R01 DR-3 ** Use Permitted by SUP Only B. Community Facility Uses 1. (DELETED) ** 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 Lie April21, 1997 96204401.R01 DR-4 ** Use Permitted by SUP Only 0-2 OFFICE DISTRICT (kwe I. Permitted Uses A. Any use permitted in the 0-1 Office District B. Day nurseries or equivalent child care facilities (kw' Lime April 21, 1997 96204401.R01 DR-5 ** Use Permitted by SUP Only C-1 NEIGHBORHOOD COMMERCIAL DISTRICT (hirr I. 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). (kw April21, 1997 96204401.R01 DR-6 ** Use Permitted by SUP Only C-2 LOCAL RETAIL COMMERCIAL DISTRICT (tas., 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 (re 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 38. Variety stores April 21, 1997 96204401.R01 DR-7 ** 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 specific uses permit(sexually oriented businesses are prohibited) 27. Toy stores ** 28. Upholstery shops - furniture 29. Variety stores L April 21, 1997 96204401.R0I DR-8 ** Use Permitted by SUP Only B-1 BUSINESS SERVICE PARK DISTRICT* (se 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/public 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 April21, 1997 96204401.R01 DR-9 ** 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 April 21, 1997 96204401.R01 DR-10 ** Use Permitted by SUP Only DEVELOPMENT STANDARDS L It is intended that the SP-2 Generalized Site Plan Development 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 for each land use category with the following exceptions: BUILDING SETBACKS Setbacks for Tract I 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. Setbacks Adjacent to Residential CS 100' Min. 01 100' Min. (itto, 02 100' Min. Cl 100' Min. C2 100' Min. C3 100' Min. B 1 100' Min. HC 100' Min. L April 21, 1997 96204401.R01 DR-11 BUILDING HEIGHTS Maximum building heights for Tract I land uses shall be in accordance with the following table: Maximum Building Height CS 35' 2.5 Stories 01 45' 2.5 Stories 02 90' 6 Stories * C 1 45' 2.5 Stories C2 45' 2.5 Stories C3 45' 3 Stories B 1 45' 2.5 Stories HC 90' 6 Stories * * HC and 02 uses shall be restricted to a maximum four (4) stories. The fifth and sixth story shall be permitted by SUP only. April 21, 1997 96204401.R01 DR-12 BUFFER YARDS Perimeter buffer yards for Tract I shall comply with the Comprehensive Zoning Ordinance No. 480 and shall have minimum widths in accordance with the following table: Adjacent to Whites Adjacent to Chapel Blvd. Residential* Other 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 (160, medium density residential land use in the comprehensive plan adjacent to or across the street from Tract I. Refer to the Buffer Yard and Open Space Plan exhibit for the general location of each buffer yard type. L April 21. 1997 96204401.R01 DR-13 50' BUFFER YARD SECTION (hie ADJACENT TO WHITES CHAPEL BLVD. i 50' BUFFER YARD de 1 w co 4. , z ,,, av011i >-. l~ V rai _ a insi rX IT Ma44- .Z. L., ,4,51.11 , . 1W. i 6 ---""\ flp -74 ,:.'ei..7 PARKING o '' /' i v1, L,, >✓ �� MEANDERING • , BERM l�' r=` 1 1 IAVG. 5'HT.) 1 1 Lime April 21, 1997 96204401.I LANDSCAPING AND OPEN SPACE (it„ 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 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). OPEN SPACE The open space for the 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. 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. (kw The attached Buffer Yard and Open Space Plan illustrates the general location of the proposed buffer yards for Tract I. Lie April 21, 1997 96204401.R01 DR-14 ONCE A SPECIFIC USER IS IDENTIFIED FOR PARCEL IIB THE CITY COUNCIL RESERVES THE OPTION TO RE UIRE A 300' SETBACK FROM CARROLL AVENUE AT THE SITE PLAN STAGE OF APPROVAL O° p p° ° A AG ° SIIA ° O° v AG p • b o 0 0 i LV.D. MD1L LUD. - MD.R. LUD. - M.DIL L.U.D. - MD.R REFER TO THE G ADJACENT O O n $ 89° 3 ' 56" E - 2142. 69 0 L C o OR EACH NAME ° O O ° O 0 N 2 2" E ° 33' Big YARD ACE I� o 00 469 El0 n REQUIRED ADJACENTTO FJ TMG 3 0 sFmA 0 0 LUD`J. AG MD RESIDENTIAL USES 53.d0 t ACRES o o LUD - MD.R. ° ° O , 18" E ° PROPOSED ZONING a °O AG LUD. - AG LUD. - AG 4 NON - RESIDENTIA& PUD °D LG G °� LuD.- AG AG MDR MDlt LUD. - "MD(ED USE BUSINESS PARK' o � O o O p 'pAG AG MDED USE ) a WUITECHAPEL ° (PXSIDENTL J , CS, 01, Bl) O •O ° W. - p VD. - O - ° a8 o .R. MD1L 0 I a AG m O.W. AREA EXISTING TONING AG O LU.D. = LDA R0 96± ACRES EXISTING I�. = MIT M USE • p� pq O� PROPOSED D. oMDq cp USE 50'BUI77ER YARD /OPEN SPACE _ - - — - - — - - — - - - - O • • REQUIRED ADJACENT TO GARROTE AVE. N - - — - - — - - — - - -- - - P�TIIv1ItQSE hADiH, I AG 25' BUFFER YARD UIRBD BY _ D ° p ° �^..i LU. - L.R D O I CORRIDOR OVERIA DINANCE } ��JJJ p BD CARROLL AVENUE--,ri c0 O C) 000 POTENTIAL. BNTE o R.O.W. AREA LuD.:Gj LDJL O ° - 0.00E ° O COLLECTOR SYSTEM• p 1.60tACRES ` ° N uD. - S 89° 56' 08" E U.D. - LDIL pro Lu u 575. 22' Q°Q ° O CwJ� 0 90 `U % 130.97 * ACRES L D. - \ P OPOSED ZONING _ i / SFyA o" 7;6HD NON - RESIDENTIAL PUD w LUD. LnR 3 53 � 87A / G \ USE BUSINESS PARK' / F7A i ~ m _NON -RESIDENTIAL PUD,osEb ZONING o SIDENTIAL, CS, 01, B1) / N LyD.= LD� / EXISTING ZONING - AG / 1 Umi / ^Mixn6./USE BUSIN PARR" EXISTING LU.D. - MDCED USE / o LUD. - LD. / / (!CS, Ol, , HC 02, Cl, C2, C3, Bl P t ) PROPOSED LU.D. - MIXED USE / � / `• F EXISTING ZONING - AG (�^ / l IX .,�< c•�' ` EXISTING LU.D. - MIXED U S. ll4 PROPOSED LUM. - MIXED USE ° LL R O. o APPROX. FLOOD PLAIN LVMITS / N 8 9° O� r" W / ,0 is a ACRE$ N 89 09' 9" W I o + c. 552.56' 1 ° 1 3.3 \\ n2pR v�l7pp�.. jr' F N 9° 3'2 W I p-- °pO-- -o° -- --- 00008 - - - S 00° 08' S x 0 ��?� .9 j i . N 89025' 02" N . O 247. 6T'" �'• �' '` / APPROX. FLOOD WAY I A4I L LU D.R. V G o O B' BUFFER YARD REQUIRED S 89° 574 Lu = ,' : LUD I BY CQ$RIpOR° OVERLAY ORDINANCE 144. S 105 ' 02' E _ - 266 64' o oo A LUD. LDJL S 000 44' 01E 6 99.84' / AG O 8 88 40' 49 - N 39" W LU LUD. - W) :� AG C3 i !Q 1 ' LUAG o LUD. LU o O i MAY 12,1997 CITY OF SOUTHI.AKF TARRNAT COUNTY,TEXAS CARTER & BURGESS, INC. OWNER /APPLICAN71 PLANNER /ENGINEER• 77M4RRON - WESTERM CARTER & BURGESS INC 7950 ELMRROOK DR. PARCEL A 53.40± ACRES PARCEL B 130.97 t ACRES PARS C 87.53 ± ACRES INTERNAL ROADWAYS ARE CONCEPTUAL IN NATURE AND WILL BE DEFINED AT THE TIME 7605 YIRGIVLT PARKWAY SUITE 250 GROSS SITE AREA 27L90 ±ACRES OF USER DETERMINATION AND SITE PLAN McKWNEY, TEXAS 75070 DALL75247 (972) 529-5988 APPROVAL. (2t43 LL (AAREE AS AYPROXIMATB) 0 150 300 600 900 SCALE 1 =600' ^Ip "all — P. U.D. - NON-RESIDENTIAL PLANNED DEVELOPMENT A(MD USE BUSINESS PARR" — PROPOSED RO.W.AREA — 25'BUFFER YARD O — 35'BUFFER YARD — 50'BUFFER YARD LUD. — LAND USE DESIGNATION M.D.R — MEDIUM DENSITY RESIDENTIAL LDA — LOW DENSITY RESIDENTIAL AG — ZONING - AGRICULTURE CS — ZONING - COMMUNITY SERVICE P.U.D. — ZONING - PLANNED UNIT DEVELOPMENT SFI - ZONING - SINGLE FAMILY RESIDENTIAL MFI - ZONING - MULTI FAMILY RESIDENTIAL 01 - ZONING - OFFICE C3 - ZONING - GENERAL COMMERCIAL ANCILLARY RESIDENTIAL USES RE, SFIA, SF30, AND SF20 ARE NOT TO EXCEED 27.19 ACRES IN THE ENTIRE NON-RESLDEN77AL AUD, AND SHALL NOT EXCEED LO DUL9C ONCE A SPECIFIC USER IS IDENTIFIED FOR PARCEL LID THE CITY COUNCIL RESERVES THE OPTION 7n REQUIRE A 300E SETBACK FROM CARROLL AVENUE AT T7I SITE PLAN STAGE OF APPROVAL ACCESS TO PRIMROSE LANE WILL NOT BE PE LIMED ACCESS TO CARROLL AVE WILL BE RESTRICTED TO ONE FULL ACCESS LOCATION FOR RESIDENTIAL USES OR ONE EMERGENCY CRASH -GATE ACCESS FOR X 01 AND CS USES. COMMERCIAL USES (Cl C� AND C3) COMBINED SHALL NOT EXCEED 50% OF TIDE PARCEL AREA FOR PARCEL "C' IF A SPECIFIC BI USER IS IDENTR?MD FOR PARCEL IM 771Z CITY COUNCIL RESERVES THE OPTION TO REQUIRE A PEDESTRIAN BARRIER ALONG CARROLL AVENUE AT THE SITE PLAN STAGE OF TILE APPROVAL PROCESS TRACT NO. II NON-RESIDENTIAL PUD ZONING REQUEST CONCEPT PLAN FOR 27L90 ACRE PROPOSED PLANNED UNIT DEVELOPMENT CONCEPT PLAN L This submittal responds to the concept plan requirements defined in Sections 32 and 41 (as amended in Ordinance 480-C) for a SP-2 Generalized Site Plan 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 I The following table demonstrates land use categories permitted for each parcel within Tract I. The attached exhibit "Concept Plan" further illustrates the general location of each parcel. PARCEL Area LAND USE CATEGORIES A * 26.57 ±AC CS, O1, 02, C1, C2, C3, HC B 31.63 ±AC CS, O1, B1 (ow * Parcel A uses may extend 300' east of Kirkwood Boulevard should it be extended south of Dove Road. SPECIAL RESTRICTIONS • Access to Whites Chapel Boulevard shall be restricted to one full access location. • All HC and 02 uses shall be restricted to a maximum of four(4) stories. The fifth and sixth stories shall be permitted by SUP only. • Landscaping 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). OUALITY AND CONTINUITY It is Timarron Land's intent to have in place master design guidelines to create continuity and quality at the development plan stage for Tracts I. The design guidelines will be available for review at the time of development plan submittal. (kw April 21, 1997 96204401.R01 DR-15 I MAY 12,1997 CPI'Y OF SOUTHLAKE, TARRNAT COUNTY, TEXAS CARTER & BURGESS, INC. 0 100 200 400 600 SCALE 1"=400' l` U PROPERTY SUBJECT TO CORRIDOR OVERLAY REGULATIONS AREAS TO BE PRESERVED AS BUFFER YARDS OR OPEN SPACE PROPERTY DESIGNATED ON THE LAND USE PLAN AS LOW -MEDIUM RESIDENTIAL - - - FLOODPLAIN LDMTS (APPROX.) - - FLOODWAY LMM (APPROX.) THE CORRIDOR OVERLAY TONE INCLUDES THE ER1HtETY OF ALL PROPERTIES F170C{ ADJOIN OR ARE LOCATED RTTHB4 W OF THE FUTURE SHB4 EXACT LOCATION OF THE FLOOD PLAIN LIS41S AND PRESERVATION OF OPEN SPAC3 VML BE DETERTO.YED BY A HW-2 ENODffFRIN i STUDY. TRACT II BUFFER YARD AND OPEN SPACE PLAN FOR 27L90 ACRE PROPOSED PLANNED UNIT DEVELOPMENT ENGINEERING ANALYSIS L 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 The site is generally bisected by a ridgeline in the north-south direction. Drainage to the west will collect at a low point along Hwy. 114 and be conveyed under the highway via a culvert system. Drainage to the east will collect at a low point along White Chapel Boulevard and be conveyed via a culvert system to a natural drainage way east of the roadway. WATER DISTRIBUTION The existing perimeter water distribution system will allow the convenient and adequate connections to serve the future internal systems. Negative impact to the City or neighboring areas is not anticipated. A minimum 12" waterline constructed within the proposed major collector will also serve to enhance the overall circulation and pressure. SANITARY SEWER COLLECTION SYSTEM This site is ultimately served by the gravity line to the north currently under bid and slated for construction in 1996. This offsite gravity line wold need to be extended south to the Tract 1. TRA is currently constructing the lift station at the terminus of the gravity line. This lift station is being sized to handle the entire north divide (everything north of Hwy. 114.) The westerly two-thirds of the tract flows west to a low point along Hwy. 114. It is likely that a lift station would need to be constructed to force this flow north to the gravity line. The eastern one-third of the site flows to a low point along White Chapel Road. From this point, an offsite gravity line would need to be built to carry the flow to the Quail Creek lift station. April 21, 1997 96204401.R01 B-1 TRAFFIC STUDY L 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. 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 (kr' progress and will incorporate all TxDOT updates into the future traffic analysis. PERIMETER STREETS The potential exists for Kirkwood Boulevard to be extended south from Solana into Tract I. State Highway 114 and Dove Road will provide the primary access into the tract. White Chapel will be a less intensive road for access, only one full access will be permitted. 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) will be provided at the development plan stage of the process. At that stage of development,the proposed users will be known and an accurate analysis of all traffic impacts can be performed. L April 21, 1997 96204401.R01 B-2 RUNOFF STATEMENT L 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. L L April 21, 1997 96204401.R0I B-3 City of Southlake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA 96-131 PROJECT: First Reading/Ordinance No. 480-221 Rezoning and Concept Plan/Timarron Commercial, Tract II STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change and Concept Plan on property described as Tracts 3 and 4A1 in the Absalom H. Chivers Survey,Abstract No. 299;Tracts 1,2,and 3A1 in the Larkin H. Chivers Survey,Abstract No. 300,and being approximately 271.908 acres. LOCATION: East of North White Chapel Blvd.,West of North Carroll Avenue and North of State Highway No. 114 OWNER AND APPLICANT: Timarron Land Corporation CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: (ORIGINAL REQUEST): "NR-PUD"Non-Residential Planned Unit Development District for a Mixed Use Business Park to include the following uses: "CS" Community Service District, "O-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-1" Light Industrial District, "I-2" Heavy Industrial District, "HC" Hotel District and ancillary residential uses (not exceeding 20.08 acres) from the "RE"Residential Estate District," SF-1A" 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-1" Light Industrial District,and"I-2" Heavy Industrial District and amending the residential zoning category to exclude MF-2 and adding the following residential districts: "RE" Residential Estate, "SF-1A" Single Family Residential, "SF-20" Single Family Residential, and "SF-30" Single Family Residential (see attached letter). (lhowe Per discussion from the Planning&Zoning meeting on February 20, 1997, Applicant deleted "B-2" Commercial Manufacturing. Bo,`, LAND USE CATEGORY: Mixed Use (may include residential, office buildings, hotels, and Lie commercial and retail centers that serve local and regional needs) 100 Year Flood Plain CORRIDOR RECOMMENDATION: Office Commercial (Same as in CS, 0-1, 0-2, B-1, HC, MF-1, and MF-2 districts) NO. NOTICES SENT: Thirty-seven(37) RESPONSES: (ORIGINAL REQUEST) Thirteen(13)written responses were received from within the 200' notification area: • Hugh A. Martin, 1090 Primrose Lane, Southlake, Texas 76092, in favor. • William W. Booker, 1100 Primrose Lane, Southlake, Texas 76092, undecided. "I would not be in favor of any sort of residential going in on this property." • D/FW-White Chapel Two Ltd, PO Box 700876, San Antonio, Texas 78270-0876,in favor. "Will increase the tax base! Good news for all!" LP' • D/FW-Northwest HWY 114 Ltd, PO Box 700876, San Antonio, Texas 78270-0876, in favor. "114's time has come (finally)!" • Kathy B. Mussina, 820 E. Primrose Ln, Southlake, Texas 76092, opposed. "People have moved out of Dallas/Ft. Worth to get away from the city life,traffic and shopping. This development will ruin the serenity of country life and be like living in Dallas again." • Ching Chang, 209 N. Rockwall St., Terrell, Texas 75160-2616, in favor. • Valeria Staley, 1030 Primrose Lane, Southlake, opposed. "This zoning gives carte blanche to developers to do as they please; I feel strongly that the land use plan should be specified by the developer before the zoning change considered." • Edward Blevins, 2346 Eastover Drive, Memphis, Tennessee, in favor. "It's an ideal location for an industrial park including my property adjoining it. Thanks." • • Gunnar and Frances Ragnarsson, 1080 Primrose Lane,Southlake, Texas, opposed. "I want a more detailed explanation of what will be built on this land. The concept plan is too vague and is essentially a"Blank Check" • James Murphey, 1200 Whispering Lane, Southlake, Texas, opposed. "We are adamantly opposed to this broad zoning change. Our concerns include traffic on Carroll Street and the use of the property adjoining our property." • Robert Morganstean, 920 Primrose Lane, Southlake, Texas, in favor. "I am in favor of the request ... but I would like the Primrose Lane addressed as it needs widening for traffic safety Gc 2. reasons." (ire • Robert J. Birchfield, 1715 N. Carroll Ave., Southlake, Texas, opposed. • Terrence Mullaney, 1515 N. Carroll Ave., Southlake, opposed. " ... health, safety, & welfare of our children in three schools on Carroll; inadequate infrastructure, increased traffic loads, lack of a specific development plan, . . . " See attached comments. Four (4) responses were received outside the 200' notification area: • Kathy Larson, no address given, opposed. "Without a concept plan which provides sufficient detail for the citizens of this community to determine the proposed uses of the land in question, the design and purpose of these tracts of land totaling 530 acres could be left to outside developers who will take their profits and leave us to deal with the consequences of their actions." • John H. Larson, 335 Ravenaux, Southlake, opposed. " . . . let me emphasize that the broad loose zoning the applicant is requesting is not good for the city of Southlake . . . " Resident also sites concerns regarding residential lot size, zoning category uses, building height, and sanitary sewer plans. See attached letter. • Rhonda, LeRae, Nathan, & Lance Hight, no address given, opposed. "I feel that this development would severely impact my (hile health, safety and welfare, and that of my family members." See attached letter • Charles and Jolin McClesky, 1416 Whispering Dell Court, Southlake, opposed. " . . . as elected officials, it is your duty to act in the best interests of the citizens of Southlake, and since the citizens of Southlake have and are - making it very clear we don't want this change to be approved . . . " Twenty-six standardized (26) responses were received, all in opposition and with the same comment: "No 'blanket' zoning without a specific purchaser or user. No entrance onto Carroll/Highland." Two(2)responses are within the 200'notification area. Twenty-four (24) responses are outside the 200' notification area. See attached copy of response. RESPONSES (AMENDED REQUEST) Six (6) responses were received within the 200' notification area: • Sonja Callicott, 435 E. Dove Road, Southlake, opposed. "There is still too much of a blanket zoning request for entire section. I do not want a funeral home or warehouse within 50' of my property line." • Ching Chang, 209 North Rockwall St., Terrell, TX 75160, in favor. • H. Knight and J.L. Clow, 190 West Northwest Parkway Suite E, Southlake, opposed. "Because it includes manufacturing and uses that require extensive outside storage of equipment and supplies. We do not believe that those uses should be placed in this part of the city. We would,however be in favor of the request if it was changed to eliminate the uses that are marked through the attached Summary of Zoning Symbols and Permitted Uses." See attached copy of list. • James Murphey, 1200 Whispering Lane, Southlake,opposed. "We do not want a street opening onto Carroll Street. There is way too much traffic on Carroll with all the school traffic." • Edward Blevins, 2346 Eastover Drive, Memphis, TN 38119, in favor. "I am in favor of NR-PUD zoning." • Harold Knight, 1749 E. Highland St., Southlake, opposed. "Because it includes manufacturing and uses that require extensive outside storage of equipment and supplies. We do not believe that those uses should be placed in this part of the city. We would, however be in favor of the request if it was changed to eliminate the uses that are marked through the attached Summary of Zoning Symbols and Permitted Uses." See attached copy of list. • Wesley Thrasher, 1955 N. White Chapel Blvd., Southlake, opposed. "I still do not know what is going to be next door the way it looks they have a blank check." (mme • Terry and Sue Mulaney, 1515 North Carroll Ave., Southlake, opposed. Resident states concerns with safety, lack of information offered by applicant, and water runoff. See attached letter. One (1) response was received outside the 200' notification: • 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. 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 Ct., Southlake, TX • Paul Hendricks, 200 Sheffield Ct., Southlake, TX 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. January 9, 1997; Approved (5-0-1) to continue public hearing until eo '1 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)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. February 6, 1997;Approved(6-0)to continue public hearing until the February 13, 1997 Planning&Zoning Commission meeting. February 13, 1997; Approved (6-0)to continue public hearing until the February 20, 1997 Planning &Zoning Commission meeting. February 20, 1997; Approved(5-1) subject to Concept Plan Review Summary No. 1 dated October 11, 1996 with the following amendments: 1) the following uses shall be allowed by Specific Use Permit only- (6., Gasoline filling stations ("C-1" and "C-2"), Lithograph("B-1"), Hotels/motels("HC"); 2) one full access to Carroll Avenue for residents;emergency access only to Carroll Avenue for "B-1", "CS" and "0-1" uses; 3) 4:1 slope in compliance with Corridor Overlay regulations, measured from Timarron's property line; 4) fifty (50) foot bufferyard along Carroll Avenue and Primrose Lane; 5) three (3) to eight (8) foot berm to be located within the bufferyard, with a five (5) foot average height; 6) open space shall be an additional one (1) percent for 2-4 story buildings and an additional two (2) percent for 5-6 story buildings, per lot basis; 7) no impervious coverage within the floodplain(including parking lots), only trails will be allowed; 8) 100'building setback, 200' setback for "B-1" uses in Tract'B'; 9) Pedestrian Barrier to be addressed at Development Plan stage; 10) "CS" and residential shall have a maximum height of 35' for residential adjacency; i 1) 20% of Tract 'C' shall be "C-1" and "C-2" uses, 50% shall of Tract'C' shall be "C-3" uses. 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 2, 1997. D n C' Please find the attached submittal dated March 25, 1997. The pages (kw numbered "DR" will be incorporated into the final ordinance. L:\WP-FILES\MEMO\96CASES\96-131 ZC.WPD uJiutiyl u9:44 Y. UUI/UU4 ' (iire CZ Carter = Burgess consuUanl,in Engineering, Architectur e. Planning and the Environment May 1, 1997 Mr. Greg Last City of Southlake 667 N. Carroll Avenue Southlake, TX 76096 Re: Timarron Commercial Dear Greg, Pursuant to the discussions held by the Southlake City Council and Planning and Zoning Commission during the Timarron Commercial joint work sessions in March 1997, Carter& Burgess has obtained information on typical C3- commercial development within the City of Southlake. Currently, as approved by the Planning and Zoning Commission, Timarron Commercial property is limited to development of C3 uses on only 20% of the permitted commercial land area . Questions have been raised throughout the public hearing process as to whether this percentage realistically provides the acreage necessary for a quality C3 development. The following Information summarizes those uses approved for the Timarron Commercial property and the specific restrictions recommended by the Planning and Zoning Commission. Additionally, we have provided an exhibit that summarizes the typical C3 developments within the City of Southlake. We respectfully request that this information be distributed to the City Council members for discussion at the May 6, 1997 meeting. Thank you, CARTER& BURGESS, INC /0444.44 e:9(.44. Dennis W. erke, ASLA Vice President DWJ1dh 97204401_L02 L Corer&Success,loc. 3880 Huhn Str eer Fort Wo,;h.Texas 76107 7254 Mcilinq oddhrrs>: ?Q Eo, 985006 I04 Worth. rexo: 76185.5006 (817)735-6000 Metro 429_-0170 FoK(817)735 6148 RECDMAY - 2 1997 13811 135 6186 OVER 6 BURGESS 05/02/97 09:94 P .002/004 LC: Carter = Burgess Consultants in Engiaeetirg, Architecture, ?lc:ruting crud the Environrttent May 1, 1997 Mr- Greg Last City of Southlake 667 N. Carroll Avenue Southlake, TX 76096 Re: Timarron Commercial Dear Greg, Pursuant to the discussions held by the Southlake City Council and Planning and Zoning Commission during the Timarron Commercial joint work sessions in March 1997, Carter& Burgess has obtained information on typical C3- commercial development within the City of Southlake. Currently, as approved by the Planning and Zoning Commission, Timarron Commercial property is limited to development of C3 uses on only 20% of the permitted commercial land area . Questions have been raised throughout the public hearing process as to whether this percentage realistically provides the acreage necessary for a quality C3 development. The following information summarizes those uses approved for the Timarron Commercial property and the specific restrictions recommended by the Planning and Zoning Commission. Additionally,we have provided an exhibit that summarizes the typical C3 developments within the City of Southlake. We respectfully request that this information be distributed to the City Council members for discussion at the May 6, 1997 meeting. Thank you, CARTER& BURGESS, INC Dennis W. erke,ASIA Vice President DWJ1dh 97204401.L02 (bre Cotter&Burgess,loc. 3880 Hulen Sheet Fort Wo,th,Texas 76107 7254 M ihng odd„-s.: PO Box 985006 Foi Worth. texo: 76185.5006 {817}735-6000 Mero 4:179.017o Fox(sin 735 6148 RECD MAY - 2 1997 e817 735 6186 CARTER 1 BURGESS 05/02/91 09:45 P .004/004 (Iile CD rn C — I as 4, • Y Y e• es o 0 0 Y a u a L K • a e, . Q a a ^ a 0 io • Z V u ` G LU O Y F.. j • F el6 o -it• qco �(j < vU tr ! < a.E 4 oe v O n0. U aoa' < .0 o4 Q ° cal 03o ea N v) • N n It v �: .. NI • a. (il N ry w ItPi- Cd I V • V Y V d U Q . U • te 0in li _ _ Si h a. V, V U� 5 � a ' E / W E 4 - E u E W • UU UU U x x m .0 115 .. mOF W ..; a= m CO K "('rV .. - ePI = c .. o e U mv C.) ri O cR FA , _: XI g U U U . (4 U `"� U U V E� z o a '7 7 o a 0 c 0 a 0 y a. - a G - 0 i, V o4 a 0 a p vi a U U C.) • • • 4 < < * 44 * * a < 4 4 ‹ 4 ro t• enO CI, t7 aiei ce, cal y 'O . an as r cd Cl enYam, — QO N CY. enh b H Cl V I • 0 • w a • • w -� `� v U < co E4' a < m V F cd 4 C� U 0 F. E a F to L !, r, .. vbiI 1s5 oibb CbktEk If BURGESS 05102/91 09:45 P .003/004 (DI - - - 0") CM I > .' cL P w on oa z o 0 gz a, cz. `' �, O — J p OC 0. DCO OGV) (7, N -. 11.1 O 0 a V U > V V II, La Q ..r '„ Q a c"1 N �O III. v a ,, G a. d 0 Ct. a Q Q d d . -� ud - > ° C? e �, a aQ 0 LEL V o C) v o a La on q,1 4i H 41 -H al 0 V C;' Q\ N O t 0 Q O CJ (Nl N Li ai V 000 C 0 en 0 V 0 o C 03 N0 C . • a) 4-i 0 r. P. a. h y 01 0 al al U .0a) a a. O � v cca ^' .d 2 er ILLI o * 41) (1110. i ea -9 OCT-II-9G 11 ,40 FROM ID. PAGE 2 L r October 11, 1996 t 1 . 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 LeTract 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) • 1-1 -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, 1,, ahA - •' S v Yeas, .F... Development Director Enclosure SEY/kd (4,..., Lastltr REC'D OC T 11 1996 8a_-to C ( 6 n/RE ' OVv The following form may be filled out and mailed to the City of Southlake Planning and ZoningO o 199 6 mmission, 667 North Carroll Avenue, Southlake,Texas 76092. REFERENCE NO.: ZA 96-131 I am (in favor of) (opposed to) (undecided about) the request for the following reasons: t kt2a- SIGNATURE: MULLANEY,TERRENCE C&SUSAN A (Please Print Name ? 1515 N CARROLL AVE SOUTHLAKE Tx 760924505 ADDRESS: / S \in,a_ck )1r-tr- 4_ °re-akv-r- \ic , )/k_ c1e. vt/tc 4)--cD ©sue `G2- -as ,\vv NOV-07-9G 14:47 FROM=CONSUMER LEGAL 1D:214S414001 PAGE 1/2 CIZ" 1 • (VIA FACSIMILE 817 488-9370) November 7, 1996 City of Southlake Planning and Zoning Commission 667 N. Carroll Avenue Southlake,TX 76092 Re: Zoning Application Timarron Tracts I,2 or 3 (hrir' Dear Commissioners: I am writing to express my concern over the request for re-zoning of three(3)tracts of land (currently zoned primarily for agricultural use) in Southlake by the above-referenced organization. Without a Concept Plan which provides sufficient detail for the citizens of this. community to determine the proposed uses of the land in question,the design and purpose of these tracts of land totaling 530 acres could be left to outside developers who will take their profits and leave us to deal with the consequences of their actions. The TimarronfMobil Group should be required to submit a sensible,detailed plan which will provide their organization with a reasonable profit while protecting the property values of our community and keeping the pleasant,uncongested environment homeowners moved to Southlake for. We believe the request for re-zoning requires additional study and input from the citizens of Southlake. Rampant development without adequate study of the effects of such development on traffic patterns, public health, safety and services, decreases in property values, etc. could turn Southlake into another Carrollton or Piano-exactly the types of communities we moved to Southlake to avoid. We are not opposed to controlled development in Southlake which will consider the needs of Southlake's current population, however, we do.not believe that the T"unarronlMobil Group REC'p NOV 071996 Sn -tz IYU V —Yt. lV VC /•KU VI VV01=UMCK ✓-LIY�Y •• �H•sG L/G • November 7, 1996 concept plan provides adequate information for anyone to make an informed determination of the Group's intentions. We urge you to deny the re-zoning request until such time as a Development Plan can be submitted which addresses our concerns and provides sufficient detail to make an informed decision regarding this request. Thank you for your consideration Yours truly, Kathy H. Larson (kw ec& L3 c ct d • • (ow, • • • 333 Ravenaux Southlake,TX 76902 November 7, 1996 Planning and Zoning City of Southlake 667 North Carroll Avenue Southlake,TX 76092 RE:Zoning Applications Timaron Commercial Tracts 1,2,80 Dear Sirs: I am OPPOSED to the subject zoning applications for the following reasons. The applicant is requesting SF30 and SF20(i.e. 3/4 acre and 1/2 acre)residential lots. This is not in keeping with the low density development Southlake residents desire. Dense development places a burdern on schools and other city services.It also negatively impacts property values. The commercial uses allowed under this zoning would include a number of objectionable activities. Unsightly warehouses would be permitted_ Toxic automobile paint facilites and pest control businesses would be permitted. Lastly,even pawn shops would be allowed if they simply planted a buffer yard. (lime The height restrictions requested are far too liberal to be in keeping with the uncongested rural atmosphere so many of Southlake's citizens desire. In many cases the only limit would be"Maximum Building Height Per D.F.W.Airport Restrictions". These'restrictions'are quite liberal and could permit structures hundreds,or even thousands of feet in height. Also,such wording abdicates the Planning and Zoning authority of our local community to a third party,D.F.W.Airport,who has no interest in preserving the quality of life in Southlake. The sanitary sewer collection system plans in the application contain references to'temporary measure"and"temporary lift station'. These are unacceptable given the applicant's concept plan. The applicant's concept is to resell the property to other developers. The applicant would then be free to pocket the profits from the venture,leaving the taxpayers of Southlake to pay the coat of ultimately installing proper sewage collection systems_ In closing,let me emphasize that the broad loose zoning the applicant is requesting is not good for the city of Southlake. Development is inevitable and if done properly.beneficial to the community. The problem with this application is that it asks the Planning and Zoning board to abdicate their authority and the interests of the citizens of Southlake to a developer who's very concept is to resell the property and walk away from the community. Sincerely, John H.Larson L RECD NOV 0 7 1996 get -14 £9£:ON ZO/Zo: J 6L=SL 96/LO/LL LS9££££LL9 Eit 21 SST ISN9 C . Q09- November 6, 1996 Mr. Joe Wright Planning and Zoning Commission 667 N. Carroll Avenue Southlake,TX 76092 Dear Board Men,ber, I am a concerned citizen who lives near Tract II of the Timmarron Planned Development on Carroll Avenue. I object to the development plan Timmarron has submitted before the Planning and Zoning Commission. I feel that this development would severely impact my health,safety and welfare,and that of my family members. I want to see a more specific plan before the Planning and Zoning Commission approves any zoning changes on this particular tract. I demand that the members take a second look at this plan before • it is approved because such a broad zoning could allow Timmarron to put a business that would be harmful to my family and property values. Sincerely, Cara. "tk9k9- REC'D NO V 0 7 1996 �,a - 15 rye November 6, 1996 Mr. Joe Wright Planning and Zoning Commission 667 N. Carroll Avenue Southlake,TX 76092 Dear Board Member, I am a concerned citizen who lives near Tract II of the Timmarron Planned Development on Carroll Avenue. I object to the development plan Timmarron has submitted before the Planning and Zoning Commission. I feel that this development would severely impact my health, safety and welfare,and that of my family members.I want to see a more specific plan before the Planning and Zoning Commission approves any zoning changes on this particular tract. I demand that the members take a second look at this plan before it is approved because such a broad zoning could allow Timmarron to put a business that would be harmful to my family and property values. Sincerely, ie.eCMa " November 6, 1996 Mr. Joe Wright Planning and Zoning Commission 667 N. Carroll Avenue Southlake,TX 76092 Dar Board Member, I am a concerned citizen who lives near Tract II of the Timmarron Planned Development on Carroll Avenue. I object to the development plan Timmarron has submitted before the Planning and Zoning Commission. I feel that this development would severely impact my health,safety and welfare,and that of my family members. I want to see a more specific plan before the Planning and Zoning Commission approves any zoning changes on this particular tract. I demand that the members take a second look at this plan before it is approved because such a broad zoning could allow Timmarron to put a business that would be harmful to my family and property values. Sincerely, atka,,n_ 6. 4# ("ci 17 November 6, 1996(1111°' Mr. Joe Wright Planning and Zoning Commission 667 N. Carroll Avenue Southlake,TX 76092 Dear Board Member, I am a concerned citizen who lives near Tract II of the Timmarron Planned Development on Carroll Avenue. I object to the development plan Timmarron has submitted before the Planning and Zoning Commission. I feel that this development would severely impact my health,safety and welfare,and that of my family members. I want to see a more specific plan before the Planning and Zoning Commission approves any zoning changes on this particular tract. I demand that the members take a second look at this plan before it is approved because such a broad zoning could allow Timmarron to put a business that would be harmful to my family and property values. Sincerely, / wok-A-..v e following form may filled out and mailed to the City of Southlake Planning and'Zoning Commission, • . c.7 North Carroll Avenue, Southlake,Texas 76092. .ERENCE NO.: ZA 96-131 (renotification) RED JN 0 6 1997 • I am •�) (opposed to) ) •the request for the following reasons:' Because it includes manufacturing and uses that require extensive outside storage of equipment and supplies. We do not believe that those uses should be placed in this part of the city: We would, however, be in favor of the request if it was changed to elimiante the uses that are marked through on the attached Summary of Zoning District Symbols and Permitted Uses. SIGNATURE: 1.(74/(Please Print Name) . b. N«`t7WI . 1 _ L , 0/ 0 w -,_, ADDRESS: KNIGHT.H&J L CLOW 190 W NORTHWEST PKWY STE E 760923612 SOUTHLAKE TX :• L . 1 . .: . . , . , • . . . i L : • ;-I Business Service Park District: any use permitted in 0-1; administrative, executive, (se and editorial offices; ; banks; barber and beauty shops; csembly; banks; barber and beauty shops; book and stationaryp shops;s; computer manufacture and research; dry goods; rnarhtfarhtre aryl rPsenrrh; funeral homes; printing and publishing; a —da n.t-*i p 114;1 A t; manufacturing of musical inst v Pnrc; medical clinics; nursery yards; optical instruments and lenses manufacturing; .schools; professional and business schools; retail activity; ; security guard quarters; 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: m rQh dice-retail estabi•sw automobile or motorcycle sales or rentals; auto repair/services; boat sales, services, repair; RV storage/sales; builder supply; bus station; commercial warehouses; ; frozen food lockers; janitorial services;min-warehouses;nursery yards or buildings; pest control services; produce markets; rental equipment; retail feed stores; service; arilitipc; truck sales/rental; furniture upholstery shops; wholesale houses; 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. 4**1, Light Industrial District: any use permitted in 0-1; aluminum product fabrication; armature winding; wholesale bakery; blacksmithing or horseshoeing ; broom manufacturing; cabinet or carpentry shop; candlemaking; candy plant; carpet cleaning; clothing manufacturing; cold storage warehouse; commercial school; compounding of cosmetics and toiletries;creamery and dairy product processing;egg storage, candling, sorting, and grading; electronic components manufacturing and assembly; feed stores; glass blowing; ice cream making; ice manufacturing and bulk ice storage; insulation application; irrigation sales and service;janitorial services; laboratories; linen and towel service; machine shop; mattress manufacturing or renovation; manufacturing of medical and dental equipment; mini-warehouses; monument manufacture; ornamental-iron works; pest control businesses; plastic fabrication; plumbing, heating, refrigeration; or air conditioning shop; public utility facilities; pump sales and service; roofing contractor; sash and door manufacture; sheet metal shop; sign manufacturing; spray painting shop; store fixture manufacturing and sales; warehouses; welding equipment and supplies; city halls; fire and police 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; minimum lot size of 5 acres. •'' PEILISTS\ZONDIST.WPD •-.2 01-14-1997 03:37Ph1 817 488 6796 P.03 (Coof Terry and Sue Mullaney 1515 North Carroll Avenue • Southlake, Texas 76092 January' 14, 19107 • City of Southliake Planning and Zoning Commission ' 667 North Carroll Avenue Southlake, TX 76092 Re; Reference No. : ZA 96 131 Timarron Commercial Tract 11 Dear Planning and Zoning Commission: We oppose the: proposed Zoning Change not only for the capti•ned tract but also those tracts known as Timarron Commercia Trac s I and 1IT. While We understand the Commission is not responsible :.r ing policy; we believe the zoning change process, as it curr tly exists] is not in the best interests of the community a- a wh ls. It really should be changed, but that is another isau= . We ve attended P&Z meetings where other developers presentee' detajLled plans, ' including actual end-use occupancies, "f••tprin s", elevations, drainage plans, buffer zones ands esse• natural reservation BEFORE ZoxTN • ' �• - II l resource p process would operate much more efficiently and effective y if phis was required in all cases. ( ,, The safety and security of the children in the three sc ools ra.; Carsol , Avenue has been virtually ignored. commercial d=velo eut will only serve to increase traffic, draw transients - •d fo ter crime in a neighborhood that is now composed of churches, homes and schoola. We have previously asked the Commission to deny vehi .lar access from Tract II to Carroll, Prim Rose and White's 1. Please; do not'permit zoning that will imperil the envi,onmen of our children and our Blue Ribbon schools. Waste ,water and storm water runoff issues should be• caref lly addressed by professional engineers before zoning c ges are approved. tt 3.1, a mistake to allow zoning changes wit out. . st knowing the full. impact of increased storm water runo;f e additibnal load on waste water systems. We moved to Southlake because of the schools and the ass heti.ally pleasing semi rural environment. We don't want to live nor it ear . a Las 'Colinas-type. development. We owe it to ourselves —d tare generaltioue to preserve the quality of life in southl. e. arge . scale,: unnecessary development will irreparably d. mage Our apart unique character. The commission now has an aort •'ty to slow development that is clearly too much, too fast • • RE1'D JAN 1.41997 ga -)1 817 488 6796 II P.04 01-14-1997 03:37PM (We • • Naturally, we are also very concerned that our property va ues '11 declinei, Most bf the adjacent property owners have est te--s' end - lots which desirve to be protected. Timarron's proposals o bu Or the surrounding properties are woefully inadequate. We p -vi 61�y asked the Commission to require a 350 foot setback for • ild 4, signs, Sights and paved areas. we also asked for a 35' , 2 /2 a ty height 'limit and that a minimum of 25% of the total a.reage be zoned for residential use around the perimeter. Timarrdn's motive is profit, pure and simple. There is no aft 'ism nor coninunity Spirit. The proposed sprawling development pro des no meaningful 'benefit to the city. There will be no -ali tic properly tax relief. The Fort Worth Star Telegram just a e oty about Grapevine's significant additional expense to provi•e pol ee, fire asid infrastructure support for the new mall. This i-u't in- win. It'd developer win, taxpayers lose. What is the po t7 Please :do not permit the legitimate interests of your c• titu ncy to be subjugated to the profit motive of out-of-town • - el f$. Those of us who live here neither want nor need this development. • DO THE RIGHT TgIBIO. JOBT TELL TIMARRON !mom. • Sincerely• \M(' // /00 ? • cc: Maiyor Rick Stacy City Council • • • • • • 1 i REC'D JAN 11�4 3997 (tcud (we Terry and Sue Mullaney 1515 North Carroll Avenue Southlake, Texas 76092 January 14 , 1997 City of Southlake Planning and Zoning Commission 667 North Carroll Avenue Southlake, TX 76092 Re: Reference No. : ZA 96-131 Timarron Commercial Tract II Dear Planning and Zoning Commission: We oppose the proposed Zoning Change not only for the captioned tract but also those tracts known as Timarron Commercial Tracts I and III . While we understand the Commission is not responsible for making policy, we believe the zoning change process, as it currently exists, is not in the best interests of the community as a whole. It really should be changed, but that is another issue. We have attended P&Z meetings where other developers presented detailed plans, including actual end-use occupancies, "footprints" , elevations, drainage plans, buffer zones and addressed natural ( resource preservation BEFORE ZONING CHANGES WERE APPROVED. The process would operate much more efficiently and effectively if this was required in all cases . The safety and security of the children in the three schools on Carroll Avenue has been virtually ignored. Commercial development will only serve to increase traffic, draw transients and foster crime in a neighborhood that is now composed of churches, homes and schools . We have previously asked the Commission to deny vehicular access from Tract II to Carroll, Prim Rose and White' s Chapel. Please do not permit zoning that will imperil the environment of our children and our Blue Ribbon Schools. Waste water and storm water runoff issues should be carefully addressed by professional engineers before zoning changes are approved. It is a mistake to allow zoning changes without first knowing the full impact of increased storm water runoff and the . additional load on waste water systems . We moved to Southlake because of the schools and the aesthetically pleasing semi-rural environment . We don' t want to live in or near a Las Colinas-type development. We owe it to ourselves and future generations to preserve the quality of life in Southlake. Large scale, unnecessary development will irreparably damage our community' s unique character. The Commission now has an opportunity to slow development that is clearly "too much, too fast" . RECD JAN 201997 (bre (2) Naturally, we are also very concerned that our property values will decline. Most of the adjacent property owners have estate-sized lots which deserve to be protected. Timarron' s proposals to buffer the surrounding properties are woefully inadequate. We previously asked the Commission to require a 350 foot setback for buildings, signs, lights and paved areas. We also asked for a 35' , 2 1/2 story height limit and that a minimum of 25% of the total acreage be zoned for residential use around the perimeter. Timarron' s motive is profit, pure and simple. There is no altruism nor community spirit . The proposed sprawling development provides no meaningful benefit to the city. There will be no realistic property tax relief. The Fort Worth Star Telegram just ran a story about Grapevine' s significant additional expense to provide police, fire and infrastructure support for the new mall. This isn' t win- win. It' s developer win, taxpayers lose. What is the point? Please do not permit the legitimate interests of your constituency to be subjugated to the profit motive of out-of-town developers. Those of us who live here neither want nor need this commercial development . DO THE RIGHT THING. JUST TELL TIMARRON "NO" . „► Sincerely, / (-4(44 it.e( cc: Mayor Rick Stacy City Council ui/.Jiar luaus U2148718656 ROSEWOOD PROP CO 001/001 B. Dennis King g 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: i Dennis King DATE: , 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 had 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. (we 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 Southlake 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. • GARPC\LEGAL WORD\8OK195W‘BOK9597DOC FCC \A 1 January 29, 1997 TO: City of Southlake Planning & Zoning RE: Cases #ZA 96-130 #ZA 96-131 #ZA96-132 Greetings: My name is Gary S. Krall and I am a resident of Southiake, 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 Southiake because it ( Le offers 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 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 pat. 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'D J AN 3 01997 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 prc;tection, etc. must be addressed before the City of Southlake can give approval in any way to the Timarron 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 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. . „ • • • . (L. eG, _ .21 (11111.' 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 (..• offers 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 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 trying, 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'O J AN 3 01997 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 fie protection, etc. must be addressed before the City of Southlake can give approval in any way to the Timarron 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 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 (ise decisions on this rezoning issue. tiszivvjk,- ( i!( U(we \,‘ / zg'')5 1114 .---' 1 NU 11 •m . '!"1 VP 1 -Ir \- -. it V;8 - U -- �� I�iir �I t O i-ii 1al A 2,Z'.-, f 11160„..1.1‘th...4_ wlte+ . k -IT : Illptio,,, .._ . .-.1._zitatilionVigt W , lijimiLlitt,:i-t..7.: ,,," /4- . — y - \ii-1:ri,_ loci Er+(7�=:�J, t. Milo:. . \,:-.r.v.4-.41 / ��: �,. „mirilh r, A., . AL .. .,' . Tr,14' R ■ '�cEtl ,ve,ar AIL 1111 r PA II Ali 11 .---- (11,1T4 / et, - ., lira - , . _pi _____ ----) c. .,. - ' itri4arilt*C I 1, 11 .. , + r n..J ; ; Imo! = .��I og ce 0 at , •-_-___-_ s .,_i ). ..7 , 1 i . 1 1g! It yl 0 MN.11•11 jq ' EEFi E I 1 -- ! ' 11 0_,,malL — — ..........!- I eb TRACT MAP } ' a60 Email J' •t `. M �� LLI i I cot `et e- in . r i, co > I,- CO 1 �4 V"IOItYVJ - O /Z� `: en 1 a ,.rr �� \ C —�_ 1 �-'— '--� / II: z co .. V r litN r .� iii as 7 ea ts i 1 ii a C/p cn _ C7 1 t- I .. I j. • ` rr ,r 1Y� CO _ I I 'I I l C.:, , ' is r: CO �1 I \\\\%\:1\11 4. r r.CO � =r ii ` rr • 1; -5-I (1..)" Ct. .. 1..-_'•..-:--. . QI a` I N `' i 1: r r VA 1.0 el ra 74 r i a. ; 6, .... .:..i _ __ _ _,...____ _ __ .. a ,. ,„ , _ _ ____ it a t� it ` ., c % f NM f0 r 'rY `. e' ` V r , NI , i = CV Ob�k x CV _ / 1•/ • I 'i I 4K18 Y2M0 au.,..4 i r -tt � ` __ CO N _ N, i3 .: , '� N r' N • •t „. - F6 (ime, it ,{ al'may ` ›�zs4 ?:+3!s Adjancent Land Owners (hare ZA96-131 # Resident Zoning # Resident Zoning 1 D. Rockenbaugh AG 23 E. Blevins AG 2 B. Knox AG 24 E. Blevins C2 3 B.Knox AG 25 G. Tillery C2 4 R. Birchfield AG 26 DFW/White Chapel C2 Two 5 Y. Robertson AG 27 H. Knight C2 6 M. Williams SF-1A 28 J. Shivers AG 7 T. Mullaney SF-1A 29 C. Shivers AG 8 S. Specht SF-1A 30 H. Thrasher AG 9 J. Murphey SF-1A 31 W. Thrasher AG 10 D. Conrad AG 32 C. Leach AG 11 G. Niedson SF-1A 33 W. Davis AG . Le 12 Carroll ISD CS 34 H.Wayland AG 13 D. Burgess AG 35 S. Callicott SF-1A 14 Highland Group C3 36 W. Vann AG JV 15 DFW Hwy 114/ AG 37 W. Frank& F. Frank AG Highlands 16 DFW Hwy 114/ AG 38 K. Messina AG Highlands 17 DFW Hwy 114/ AG 39 R. Morganstean AG Highlands 18 C. Chang AG 40 V. Staley AG 19 S. Kidwell C2 41 G. Ragnarsson AG 20. - DFW Northwest AG 42 A. Cercone AG Hwy 114 21 DFW Northwest AG 43 G. Roberts SF-20A Hwy 114 22 G. Tillery AG 44 H. Martin AG L. 45 W. Booker Ag 46 A. Cercone AG 47 W. Booker AG << F City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 96-131 Review No: Two Date of Review: 5/02/97 Project Name: Concept PIan"NRPUD" Zoning-Tract II Timarron Commercial.271.908 acres in the Absalom H. Chivers Survey Abstract No. 299 and the Larkin H.Chivers Survey Abstract No.300 APPLICANT: PLANNER/ENGINEER: Timarron Land Corporation Carter & Burgess. Inc. 300 E. Carpenter Freeway. Suite 1425 7950 Elmbrook Drive. Suite 250 Irving. Texas 75062 Dallas. Texas 775247 Phone: (214) 791-3333 Phone: (214)638-0145 _ Fax: (214) 541-0800 Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/26/97 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. Correct the zoning designations shown for the following tracts: Tract 3D LH Chivers Survey-"AG" Tracts 3A4, 3A4A and 3A5 LH Chivers Survey-"C-2" Tract 2C4 Chivers Survey-"SF-20A" * The applicant should be aware that an additional 4'of right-of-way,minimum,(based on the minimum R.O.W.width required to accommodate the street cross section)and/or easement may be required for the City Trail System connecting White Chapel Blvd. and Carroll Ave. Although R.O.W. is not dedicated with the Concept Plan,the applicant should also be aware that the City Thoroughfare Plan adopted 3/4/97 has expanded the minimum R.O.W. required along White Chapel Blvd. and Carroll Ave. from 84'to 94'. * 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. • • Applicability of the Corridor Overlay Zone set forth in the Zoning Ordinance No. 480, Section 43.5,as amended. • Vertical and horizontal building articulation of proposed buildings per §43.9C 1 e, 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. e,a 33 City of Southlake,Texas • 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 (ll?' 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. * It appears that a portion of this property lies within the 65'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * 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 and Tap Fees,and related Permit 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 5/12/97. 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:\W P-FILES\REV\96\96-131 CP.2 C 8a- -3N H is 1. 1 // 1 Alan l za(110, . / 1 . li N Vilik 5 5 § 1 Iiiiilli gd 44 s t 6 - al t,T.4.„ 1 I P. P. 111111111P 117 iili 014111 tzl • 1 1 1 l 'iliiiiiiiii A "it it " gol i i4 k 0 t • 1 1 g I * - I I I I I IIIIIIIIII ;12111144 : 11 E"nitE—All 1/11 CD 4 gt W N v. I. ' ! 1 ill I tw•wat :iwiF l 3 , \ =x •' - , -;• '' ' - i 2- Ifirr--1-. •grA:\ <" il . ...r;eo jx, t ill s, s. ..t... ct-,...• . 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An ILI.O.:-' 11 :!c_ spa 0 .J /1° 1 1, ...1 d r ea -35 1E3 (' TIMARRON COMMERCIAL TABLE OF CONTENTS TRACT II DEVELOPMENT REGULATIONS • PROPOSED LAND USE CATEGORIES • PERRMITTED USES • DEVELOPMENT STANDARDS • LANDSCAPING AND OPEN SPACE • CONCEPT PLAN EXHIBITS • 50' BUFFER YARD SECTION • BUFFER YARDS AND OPEN SPACE PLAN • CONCEPT PLAN BACKGROUND INFORMATION • ENGINEERING ANALYSIS • TRAFFIC STUDY • RUNOFF STATEMENT • RICE MP,3 2 61997 March 25. 1997 96204401.1202 V. . ( ' PROPOSED LAND USE CATEGORIES Timarron Land Corporation is requesting a Non-Residential P.U.D. zoning category for Tract II 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. request will divide Tract II into three (3) 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 • Residential* • CS - Community Service District(Sec. 8) ( C • 01 - Office District(Sec. 18) • B 1 - Business Service Park District(Sec. 24) PARCEL C • CS - Community Service District(Sec. 8) • 01 - Office District (Sec. 18) • 02 - Office District (Sec. 19) • C I -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) . ' * The Non-Residential PUD shall allow ancillary residential uses'. limited to the zoning • classifications RE, SF 1 A. SF30 and SF20 up to 10%of the land in the NRPUt (27.19 acres total). The permitted accessory uses, specific use permits, special exception uses and development regulations shall be as provided in the underlying RE. SFIA. SF30, and SF20 zoning districts set forth in Ordinance No. 480, as amended. (01 , March 25, 1997 96204401.R02 DR-I Eck—37 (C PERMITTED USES It is intended that the Non-Residential P.U.D. shall permit those uses defined under the land use categories identified in this document (as established in the City's Comprehensive Zoning Ordinance No. 480) and shall specifically include those uses described as: • "Permitted Uses" • "Accessory Uses" • "Specific Use.Permits" • "Special Exception Uses" • Uses not listed under Zoning Ordinance No. 480 that are similar in nature and/or have not been defined by current technology. LAND USES There are exceptions to the permitted uses. The uses "lined-out"on the following pages shall be considered undesirable for this property and, therefore,prohibited. Those uses identified with a ! double asterisk(**) shall require a Special Use Permit(SUP). Sexually oriented businesses will not be permitted on Tract II. RESIDENTIAL I. Permitted Uses 1. RE - Single Family Residential Estate 2. SF1A - Single Family Residential 3. SF-20 - Single Family Residential 4. SF-30 - Single Family Residential (..., March 25. 1997 96204401.R02 DR-2 . (c, CS - COMMUNITY SERVICE DISTRICT I. Permitted Uses - BY SUP ONLY ** 1. Public, semi-public and parochial/private kindergartens. elementary and secondary schools ** 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) ** 6. Public safety facilities ** 7. Religious institutions ** 8. City hall or other municipal office uses (excluding wastewater treatment facilities, landfills,and transfer stations) (. C March 25, 1997 —Use Deleted from Zoning Request 96204401.R02 DR-3 ** Use Permitted by SUP Only c`r, -39 1.. 0-1 OFFICE DISTRICT C 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 rr 18. Finance t, 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 ( March 25. 1997 -Use Deleted from Zoning Request 96204401.R02 DR-4. ** Use Permitted by SUP Only Sc ` 40 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 ,, March 23, 1997 —Use Deleted from Zoning Request 96204401.R02 DR-5 ** Use Permitted by SUP Only 1, 0-2 OFFICE DISTRICT I. Permitted Uses A. Any use permitted in the 0-1 Office District B. Day nurseries or equivalent child care facilities , `. C March 25. 1991 —Use Deleted from Zoning Request 96204401.R02 DR-6 ** Use Permitted by SUP Only ec - 2_ (c C-i 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). ( C March 25. 1997 —Use Deleted from Zoning Request %204401.R02 DR-7 ** Use Permitted by SUP Only 84 -45 ((i., C-2 LOCAL RETAIL COMMERCIAL DISTRICT 1. Permitted Uses 1. Any use permitted in the 0-1 Office District 2. Any use permitted in the C-1 Neighborhood Commercial'District ** :. Cleaning, dying and pressing works; laundries and washaterias 4. Antique shops . 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 ( C 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 tele'?ision 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 38. Variety stores C March 25. 1997 -Use Deleted from Zoning Request 96204401.R02 DR-8 ** Use Permitted by SUP Only Pr; - 4/3 C-3 GENERAL COMMERCIAL DISTRICT 1. 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 Add gymnasiums 13. Hobby shops 14. Household and office furniture, furnishings and appliances 15. Lodges, sororities and/or fraternities **. 16. Medical care facilities to include nursing and care homes, and hospitals co, 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 . • • *4` 28. Upholstery shops - furniture •• . • : • • 29. Variety stores March 25. 1997 -Use Deleted from Zoning Request 9620440I.R02 DR-9 ** Use Permitted by SUP Only , ki, B-1 BUSINESS SERVICE PARK DISTRICT* 1. 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 ** 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 Co/ 14. Medical clinics ** 15. Nursery yards or buildings for retail sales and landscaping companies ** 16. Optical instrument and lenses manufacturing . 17. Private/public 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. C March 25. 199- —Use Deleted from Zoning_ Request 96204401.R02 DR-10 ** Use Permitted by SUP Only g -'15 HC HOTEL DISTRICT I. Permitted Uses ** I. 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) March 23, 1997 — Use Deleted from Zoning Request 96204401.R02 DR-11 ** Use Permitted by SUP Only O�_ Lft ( Li DEVELOPMENT STANDARDS It is intended that the Non-Residential P.U.D. shall adhere to the development standards established in Zoning Ordinance No. 480 as amended for each land use category with the following exceptions: BUILDING SETBACKS Setbacks for Tract II land uses shall be maintained in accordance with Zoning Ordinance No. 480 and the corridor overlay standards. When located adjacent to or across the street from residentially zoned property or property with a low or medium density residential land use in the comprehensive plan,the setbacks shall be the greater of the 4:1 slope or the minimum setbacks shown in the following table. Setbacks shall be measured from the Timarron property line where it is adjacent to residential areas. Setback Adjacent to Residential RES 35' rr CS 100' Min. 1 _ 01 100' Min. 02 100' Min. C 1 100' Min. C2 100' Min. C3 100' Min. B1 100' Min.* HC 100' Min. * . If a specific B 1 user is identified for Parcel IIB the Planning and,Zoning Commission . . reserves the-option to require a 200' building setback from Carroll Avenue at the Site:Plan . stage of the approval process. (C,/ March 25, 1997 . 96204401.R02 DR-12 P - ill . ` ' (C, BUILDING HEIGHTS Maximum building heights for Tract II 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' (C 2.5 Stories C3 45' 3 Stories B 1 45' 2.5 Stories HC 90' • 6 Stories • C March 25, 1997 96204401.R02 DR-13 ,(00, BUFFER YARDS Perimeter buffer yards for Tract II shall comply with the Comprehensive Zoning Ordinance No. 480 and shall have minimum widths in accordance with the following table: Adjacent to Carroll Avenue and Primrose Adjacent to Lane Residential* Other RES 50' 25' 25' CS 50' 35' 25' 01 50' 35' 25' 02 N/A 35' 25' CI N/A 35' 25' C2 N/A 35' 25' C3 N/A 35' 25' B 1 50' 35' 25' HC N/A 35' 25' *Residential adjacency shall be defined as residentially zoned property or property with a low or medium density residential land use in the comprehensive plan adjacent to or across the street from Tract II. If a specific B 1 user is identified for Parcel II B. the Planning and Zoning Commission reserves the option to require a pedestrian barrier alone Carroll Avenue at the Site Plan stage of the approval process. Refer to the Buffer Yard and Open Space Plan exhibit for the general location of each buffer yard type. • • March 25, 1997 9620a301.R02 DR-14 ((0150' BUFFER YARD SECTION ADJACENT TO CARROLL AVE. AND PRIMROSE LANE 50' BUFFER YARD• ll I,1,4 0 ,...z r a 1 . 4.02, >. .0 . a. l'e ( C a. ,firilw - 0 4.4 Ai. diOpirtir: 10 F, ---`, IP '4 4. --- " u. WOO 4 PARKING ` NI10/ \: a1, MEANDERING 7 BERM ......_.J ) •(AVG.5'HT.) C February 26, 1997 96204401.H 6c - 50 LANDSCAPING AND OPEN SPACE LANDSCAPING Landscaping for each lot will comply with the requirements of the Landscape Ordinance No. 544. For 02 and HC uses, additional landscaping Nvill 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 Pe P 3 with the tree preservation requirements of the City of Southlake, as those requirements are developed. The attached Buffer Yard and Open Space Plan illustrates the general location of the proposed buffer yards and open space for Tract II. • • C March 25, 1997 96204401.R02 DR-15 SC( - 6i • i q ^ 0 e i iol / 1 )11.1. L N g >. Ica 01 II 1:14 . i l 1 ! 1; dl . 11 III ,,r4g g pi 10 iga li Ci) a 1 , ,g 8 8 / \ 1 Eli ill i.)6 1 2 11111 a i a . wzo rn.-.1 . , s „I. 04 E 1 i 1 I I a i 8 0 2 antanv TIMM U , , • - 1 •r-r---,,-.:-t....--....:-...T,----- •••:`-' ---•'"--.,11=.1..,*:-.-."....._-.4..-•--,.-.7" -...,........-.-:...--_:.-- .2,:m.,....‘1,,,ta,: ....r.,....----,,,..,,,.-- ,,-.,....,.... . , Of a . $1 la." ,.. 1 f TN gffl • • rA , c i!': •4,,- ' ';Itt-•*4 it, •-•' \\-. l•El "•••.,..4' it'S' •... C}:;:i 1? .--;•••-- ''f'1•• -'.- . \ \ ''W3/4 ,, .... , , de 1 i4 14.4,...'..-•„2„.--;....:•••-...-.... !--1•: .• ,,\ ,'::\._ . J.A. 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''.Y? 0 J. • ;•• ,• -.•:..4k'"•:•- '.''•'‘ '-';,.. --' i.• t•••••.i'..:.Zt.!x•-••••, -'...!' •'.`-At • ./ 1•,•:* ' - •- ......,,,,_,..../...._ ,..,,Ar ,.,4t.. - , .. .,.... .,j .... .., , . '. . . .. .'. ..1/ .. ' ,;.-....:4:'‘!...i ••• ". < . :-. ... i -,-ir,`,r, -, ..;.4...1,,-:•.-. --W te ' ',-- -lk (. ...-s' ‘"C' ''. ' "• '•N.• '• 0 - 52 4.-- '‘...../ .• • C CONCEPT PLAN • This submittal responds to the concept plan requirements defined in Sections 30 and 41 (as amended by Ordinance 480-C) for a Non-Residential Planned Unit Development. The size and location of this tract offers a variety of potential development scenarios to attract quality users. Flexible tract sizes. facility locations. access and zoning are critical to attracting quality users to this site. This concept plan provides the flexibility which the current market is seeking. TRACT II The following table demonstrates land use categories permitted for each parcel within Tract II. The attached exhibit "Concept Plan- further illustrates the general location of each parcel. PARCEL Area LAND USE CATEGORIES A 53.40 ± AC Residential. CS. 01. B 1 . c B 130.97 ± AC Residential. CS, 01. B 1 C 87.53 ± AC CS, 01. 02. Cl. C2. C3. B 1. HC SPECIAL RESTRICTIONS • Ancillary residential uses RE. SFIA. SF30 and SF20 are not to exceed 27.19 acres for the entire Tract 11 Non-Residential P.U.D. • Access to Primrose Lane will not he permitted. • • .-access to Carroll Avenue will he restricted to one full access location for residential uses or one emergency -crash-gate- access for CS. 01 and B 1 uses. . • • :Commercial uses(C 1..C.2..and,C3) copilbined.shalI.nol:.eNceed 50%•of the Parcel:area for... .• : . . Parcel.ILC. C3 used may:not exceed 200/o of the iermitted:cominercial'area. • • " .•• . . • If a specific Bl user is identified for Parcel B. the Planning and Zoning Commission reserves the option to require a 200' building setback from Carroll Avenue at the Site Plan stage of the approval process. C • If a specific 131 user is identified fir Parcel B. the Planning and Zoning Commission reserves . the option to require a pedestrian barrier along Carroll Avenue at the Site Plan stage of the approval process. March 25. 1997 9620-LN01.RQ2 DR-16 Lea -Z `) • There xvill be no impervious coverage permitted in the.flood plain with the exception of pedestrian trails. • Landscaping for each lot will comply with the requirements of the Landscape Ordinance No. ' 544. For 02 and HC uses, additional landscaping area will he provided in the amount of I`'o of the lot area for every_ story from two (2) to four(4) plus 2°o for every story from five (5 1 to six (6). OUALITV 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 Tracts II. The design guidelines will be available for review at the time of development plan submittal. C . . . . . • .. . . •• . .. . . . . . • . . . ... • . . . . . . . .. .• . _ . . . . • . • . .... . . . . . • . • • • . • .. . . • . . . . • : • . ., . ) \larch 25. 1997 96204401.Rft DR-1 7 Sct_53 8 i~-1 1 •nl 0.,4 1 . 11 4 1111 r N. 4 121a:ill gp.. 11 diN '*'''. I ill tuZi 3 1 ae¢s 38ay C-——- \ " i I 1 1 i ;it111111141 1 h 3 Lit go of 0-4 • I III III1111111 LI 1 Ni lilli114.15'"Ig ,,,4 1 Ei1 al r` 1 11` 1 o I ` \� L N g. I• -Al 331 k a1 Iii R �1 „ *DPP P .. ii! • e g'g a I L0l goo O' r1 • 1 1 • s 1,• cl,ri4T. iptimt . ilg 1 7. ,,,‘ (....)i :3 — U),),___ jj . k . ...0 " i e..i. • "......c_ i i i 1 t 0Q ., AC • _i 1 III 1 . � •dZA1.Yffff ''"•'i�A.r1 . IIP• (^'Xl� .., - sg/ a All _F, I $ �t! 9�NH *a t.,•.0 �.11-: .7x:= = � H'; 76-7:: . il 71.. 1 7. 1 i q • i...:. drit = • big .. i : 1 ':::: V '\.\. i'd 4.... . 0:32 1. iii i I • �fYfol - `SMf • d4.f e:. ihao 3 : `' s• I. I A OIt cp(�lo..4. p O . . � • Q V \O 3 c .104g3 O'---� ^ 41r-r171- I FJ 1 � r Elmo ON ea - 4 ENGINEERING ANALYSIS Engineering analysis for this project will he performed h‘ registered eip.lineers. 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. SANITARY SEWER COLLECTION SYSTEM The.southerly two-thirds of theproperty flows tot e. h 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. \larch 25. 1997 %h20-1401.l:02 BR-I Ect � 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 ofa development plan when a specitic 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. • 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 and White Chapel will be the primary access,routes into Tract II. internal circulation roads will orient traffic for easy access to State Highway 114. Access to Carroll Avenue will be limited to residential uses or emergency crash-gate access only. THOROUGHFARE PLAN IMPACTS This proposal complies with the existingg 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) will be provided 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. C March 25. 1997 9620-1-10►.R0 22 13R-2 ?2. - 5 ( . (...., RUNOFF STATEMENT Timarron Commercial will detain 100"4 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. , Li • . (Ihr./ March 25. 1997 96204401.R02 BR-3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.=480-221 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 .. . yy pp , .OW .. ,p g ,it 9 {tu3Y C".y4P sfl�.,5 /�'w1m NSf�r�` T\3� $r � D� E T 4— HCSY &t.° Sit BEYfiTYfO O.11f � � 1; �; 1 ', , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM TO ! ,F fiY ` �ti1 �5 d ,z;: €'.:,+ CIE. L4 $.m f";d df P j s)f gp p l P 3D k7g '� L e XSS' � L � � � � �� SF�$i S. �*C '�BJ�4y S�d�-� �, ��;�� 7 ;s� � *,.. .�" �. , to n o ! a6 ii�i � 6° d-�• all �� .:3y m, E a .a � s n� tt e s,,, (N® ql % ' - �II ..,ire! € ;;�k �a, • REST m6 OR4.; 1S Ie SILE t , RESI D ENTIA s.DIS1 RICT,{.,.AND "S-20 SJN LE RESIDENTIASIP 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 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, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the L:\CTYDOCS\ORD\CASES\480-221.PUD Page e [,!r- - 4�- (ii.e 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 -AC �tttu District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to trafjic 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 (0, 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, L. 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 L:\CTYDOCS\ORD\CASES\480-221.PUD (,1 r g Page 2 of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a tract of land situated in the a,,olom24Hr:4Chiv H A a C hlverS z N � �¢a , and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, fro ° g cul * ,3,5. ;' to ; ' Ip r • aistric � ax o � t . m•her„;' EstateEstateDi cdtif#A " "SF 30" g Residue,F istrict, 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, L 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 L:\CTYDOCS\ORD\CASES\480-221.PUD Page 3 L. 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. L:\CTYDOCS\ORD\CASES\480-221.PUD Page 4 (SI L MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR (re ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C L:\CTYDOCS\ORD\CASES\480-221.PUD Page 5 Le EXHIBIT "A" BEGINNING AT A POINT FOR THE NORTHEAST CORNER OF SAID 100.809 ACRE TRACT IN THE APPROXIMATE CENTERLINE OF COUNTY ROAD NO.3021(NORTH CARROLL ROAD); THENCE S 00^06'12" E,ALONG SAID APPROXIMATE CENTERLINE A DISTANCE OF 1705.25 FEET TO A POINT FOR THE SOUTHEAST CORNER OF SAID 100.809 ACRE TRACT; THENCE N 89^38'07" W,ALONG THE SOUTH LINE OF SAID 100.809 ACRE TRACT,A DISTANCE OF 17330 FEET TO A POINT FOR THE NORTHEAST CORNER OF SAID 38.6971 ACRE TRACT; THENCE ALONG THE MOST EASTERLY LINE OF SAID 38.6971 ACRE TRACT,THE FOLLOWING THREE CALLS: S 00^08'50" E,A DISTANCE OF 247.67 FEET TO A POINT FOR CORNER; S 89^57'40" E,A DISTANCE OF 144.75 F13r I' TO A POINT.FOR .CORNER; S 01'50'02" E,A DISTANCE OF 266.64 FEET TO A POINT FOR THE MOST EASTERLY SOUTHEAST CORNER OF SAID 38.6971 ACRE TRACT; THENCE N 88^59'32" W,ALONG A SOUTH OF SAID 38.6971 ACRE TRACT,A DISTANCE OF 1042.06 FEET TO A POINT FOR CORNER; LoiONCE S 00^44'01" E,ALONG AN EAST LINE OF SAID 38.6971 ACRE TRACT,A ANCE OF 299.84 FEET TO A POINT FOR THE MOST SOUTHERLY SOUTHEAST CORNER AID 38.6971 ACRE TRACT; THENCE ALONG THE MOST SOUTHERLY LINE OF SAID 38.6971 ACRE TRACT THE FOLLOWING TWO CALLS: N 88^39'39" W,A DISTANCE OF 85536 F1:i1' TO A POINT FOR CORNER; • N 88"40'49" W,A DISTANCE OF 66832 FEET TO A POINT FOR THE SOUTHWEST .CORNER OF SAID 38.6971 ACRE TRACT; . , THENCE N 00^20'55" W,ALONG THE EAST LINE OF SAID 38.6971 ACRE TRACT,A DISTANCE OF 421.73 FEET TO A POINT FOR THE SOUTHEAST CORNER OF SAID 55.954 ACRE TRACT; • L:\CTY D OC S\O RD\CASES\480-221.P U D Page 6 L THENCE ALONG THE SOUTH LINE OF SAID 55.954 ACRE TRACT,THE FOLLOWING THREE ; CALLS: N 89^25'02" W,A DISTANCE OF 476.69 FEET TO A POINT FOR CORNER; N 89^23'24" W,A DISTANCE OF 29856.FEET TO A POINT FOR CORNER; N 89^09'09" W,A DISTANCE OF 55256 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY NO.114 (220'R.O.W.); THENCE N 62^10'47" W,ALONG SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 603.83 TO A POINT FOR CORNER; THENCE N 00^11'57" W,ALONG THE WEST LINE OF SAID 55.954 ACRE TRACT,A DISTANCE OF 1053.89 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID 55.954 ACRE TRACT; THENCE S 89^56'08" E,ALONG THE NORTH LINE OF SAID 55.954 ACRE TRACT,A DISTANCE OF 575.22 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF SAID 76.448 ACRE TRACT; THENCE ALONG THE SOUTH LINE OF SAID 76.448 ACRE TRACT THE FOLLOWING TWO CALLS: N 00^02'04" E,A DISTANCE OF 11.95 FEET TO A POINT FOR CORNER; N 89"56'09" W,A DISTANCE OF 1310.00 FEET TO A POINT FOR THE SOUTHWEST CORNER OF SAID 76.448 ACRE TRACT,IN THE APPROXIMATE CENTERLINE OF Let, COUNTY ROAD NO.3016 (PLEASANT RUN - WHITE CHAPEL ROAD); CE N 006'16'52" ALONG THE MOSTOF SAID 76.448 ACRE E, WESTERLY LINE TRACT AND SAID' APPROXIMATE CENTERLINE A DISTANCE OF 89L28 FEET TO A POINT FOR THE MOST WESTERLY NORTHWEST CORNER OF SAID 76.448 ACRE TRACT; THENCE S 89^56'18" E,ALONG A NORTH LINE OF SAID 76.448 ACRE TRACT,A • DISTANCE OF 46415 l EEL' TO A POINT FOR CORNER; THENCE N 00^26'32" E,ALONG A WEST LINE OF SAID 76.448 ACRE TRACT,A DISTANCE OF 469.80 FEET. TO A POINT FOR THE MOST NORTHERLY NORTHWEST CORNER OF SAID 76.448 ACRE TRACT; THENCE S 89^39'56" E,ALONG THE MOST NORTHERLY LINE OF SAID 76.448 ACRE TRACT,A DISTANCE OF 2142.63 FEET TO A POINT FOR THE NORTHEAST CORNER OF SAID 76.448 ACRE TRACT; THENCE S 00^18'27" W,ALONG THE EAST LINE OF SAID 76.448 ACRE TRACT,A DISTANCE OF 653.68 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID 100.809 ACRE TRACT; THENCE S 89^38'16" E,ALONG THE NORTH LINE OF SAID 100.809 ACRE TRACT,A DISTANCE OF 256919 FEET THE POINT OF BEGINNING,AND CONTAINING 271.908 ACRES OF LAND,MORE OR LESS. C L:\CTYDOCS\ORD\CASES\480-221.PUD Page 7 — Cc_ 4 EXHIBIT ('g" ; 4' A a �. (..., i e W 1 ills Itillz a gg I ; ! 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N I ..elis,-1 in.s•.00 rc 3I o OD . % \'`,.. • 1 14S.1 — ..1:57:57 il . 1 —tram � 3 211 . .1 cum Ismoall°45 Me-CV li L:\CTYDOCS\ORD\CASES\480-221.PUD Iti Page 8 6g City of Southlake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA97-013 PROJECT: First Reading/Ordinance No. 480-236 Rezoning and Site Plan/Antioch Churches and Ministries STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Zoning and Site Plan on property described as approximately 2.9571 acres situated in the J. Childress Survey,Abstract No. 253, and being Tracts 1E1 and 1E2A LOCATION: South side of Randol Mill Avenue at the intersection of Marantha Way and Randol Mill Avenue OWNER: John Kelly APPLICANT: G. Phillip Morley CURRENT ZONING: "AG" Agricultural District (Tract 1E2A) and "S-P-1" Detailed Site Plan District with limited"I-1" uses (Tract 1E1) REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "CS" uses (Tract 1E1 and 1 E2A) LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Seven(7) RESPONSES: Four(4) responses were received within the 200' notification area: • James White, 1425 Randol Mill Avenue, Roanoke, TX 76262, opposed. "I would like to see it stay as zoned or changed to residential." • Don Cox, 1560 Randol Mill, Southlake, opposed. "Antioch Churches and Ministries plans to use this property as a"Corporate Office"(their words)with daily traffic,noise,lights,and activities the same as any commercial enterprise. This new use of the (ow/ property is inappropriate in an area totally dominated by single family homes on expensive acreage size properties." City of Southlake,Texas • Carolyn Greear Trust, Faye Huffman, Trustee, 6537 Meadow Lakes, Fort Worth, TX 76180, in favor. "It will be a great improvement to the looks of the area and also increase property values in the area." • Bill Spivey, 1520 Randol Mill, Southlake, undecided. "I would like to see current plans and any projected plans, before I could be pro or con." One (1)response was received outside the 200' notification area: • David Baltimore, 1368 Holland Hill, Southlake, opposed. "Randol Mill is a heavily traveled, narrow. Two lane road with sharp curves (north of Fawkes Lanes). Adding a church will exacerbate the problem. The planned entrance/exit is also a hazard because of the corner." P&Z ACTION: February 20, 1997; Approved (7-0) Applicant's request to table to the March 6, 1997 Planning & Zoning Commission meeting. March 6, 1997; Public Hearing continued to March 20, 1997 due to Resolution 95-24. March 20, 1997; Approved (7-0) to table to the April 17, 1997 Planning &Zoning Commission meeting. April 17, 1997;Approved(5-0)subject to Site Plan Review Summary No. 3 dated April 11, 1997 with the following amendments: 1) delete Item#2C (driveway throat depth on north property line);. 2) limit use to 8.2(h)-religious institutions: churches and facilities for worship, fellowship, and education; 3) require landscape plan,including but not limited to Fl bufferyard adjacent to residential property; 4) accept applicant's commitment to provide 94'R.O.W.dedication; 5) building limited to one story; 6) building to be synthetic stone with stucco around dormers and columns; 7) metal gate around dumpster; 8) remove both slabs and dispose of concrete in legal manner. STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary No. 1 dated February 14, 1997, Site Plan Review Summary No. 2 dated February 28, 1997,and Site Plan Review No. 3 dated April 11, 1997 with the exception of those items in the attached Site Plan Review Summary No. 4 dated May 2, 1997. L:\WP-FILES\MEMO\97CASES\97-013ZS.WPD s a-z (ROANOKE OWE RO Na I 5 1 4 2 ,�, L -- -....... . ,_...-- --- r. 4A1 40.. < 2A1 TRACT MAP i i � � i i i W.H. MARTIN ,j .0"---- AAQIEY A-f06A �.,:�.� Mew 2A3A 10.15 Ac . rC5 •.. 2C •12C 2C 2C1 ,... ' D i i i rC3A 12 It i ! ��! . _ 2A5 rC7 r 4 it 4 2C 2C r ? to ; • illiii, 2f2'Ear Rill 3A 1 rt7iiIiilr.Vtlitt4 IA illtlj 9 Ira.:F�.r I _ _ 2DIN —1,' co': E7f� a fal @ie, ' '1A/' • 8U\I(� _ I I♦ i I•\ T- V I . 9JP1EY T:./. �' i 1 ♦ f I } ---i.----- AKA E 1A6 .j _L — ; U_ IA1 1A7 1f 1 ---4 �r'>'•r�etrrr.r: o. p - F � T 4 1G ,8 -._.-- --._ -- .-_. M—._�� 1 wI 1 2 ~ /7 WES7LAKE I.TY LIMIT ,c1 tf --t-- r--4•_ . 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VTR.1A1 �' TR. dtS1604 till I W 1.76 Ac 1 A5A x W - I .24 AC Z P. I=,I t f i E� i . ,I N g I I ( / to �i N W. SPIVEY D. COX TR.1A7 • Q 2Ac TOWN OF WESTLAKE I! -_- Y AG ' I • DOL MILL %VE :;• WESTLAKE CITY 27dr. l.-..- - .KELLER CITY,+1MITS 13 - TR 6D1 .59 Ac - . 'W. SPIVEY • • • • TR:1 ' CITY OF KELLER D7S 2.W i TR 6D7H1 TR 607R 1 - 4. .525 AC TR 607J i „� • ' J. WHITE •.525 Ac TR 607Q I R. MOSER 91 : R 6D7J 1.01 0 A G co .531 Ac /-i vs A AG U F' TR.1E a :: TR.' I I 2.1 Ac7 d Z • 607K TR.6D • U • .579 2.11 Ac PT.TR 16 TR.i AAC I TR.1C O V 1 Ac O fx Li � - �- f It aI� ^`1 C-'I� I City of Southlake;Texas SITE PLAN REVIEW SUMMARY Case No.:ZA,97-013 Review No:Four Date of Review: 5/02/97 Project Name: Site Plan for S-P-1 Zoning-Antioch Churches&Ministries being 2.957 acres located in the J. Childress Survey.Abstract No.253 OWNER/APPLICANT: ARCHITECT: Mr. John Kelly.Antioch Churches&Ministries Mr. G. Philip Morley.Morley Architects.Inc. P.O. Box 927910 920 S. Main. Suite 190 Southlake.Texas 76092 Grapevine,Texas 76051 Phone: Phone: (817) 329-4289 Pax: Fax: (817)481-9552 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/21/97 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 c817)481-5581,EXT.787. • rv:�}:Jj:?' }" r:''2ia• CONTACT .:y'.: '•}:A.. '•..1.{G}: :}::.....:.{ ...n...... ..k•• ...r:•. .: ♦. .: ..}�i� n'{fi 4 f}:iiy{��r• ..{+`.: ...4:•}::.x.: %.... r.... .•.:..,.:::::.\:::.:........'-�/.•x4•:-:•r::. •::.{{..;h,.. .:.. . ......,::v-}cv. :.:, �'{.}::••. :;r.�:•:f:.r .. : ..C... .:.:`dal.. ,:.f•}:•:;.>:}:::.}:.:•.:::{{•}:•}:: ::;:;'{: 1. Delete the 30'building setback label located near the northeast property corner.This label appears to identify R.O.W. dedication. 2. The minimum driveway throat depth for the driveway intersecting the north property line is 28'.The proposed depth is approximately 25'. (P&ZACTION 4/17/97: delete) 3, Note the description,location:and elevation of the benchmark used for the topographical information. This should corresponil to a City approved benchmark. 4. Show intended bufferyards on the site plan and include the planting calculation chart. Drive/Parking pavement cannot be located within the designated bufferyard.The northeast drive/parking pavement encroaches the proposed 20'bufferyard by 12'as shown on the provided landscape plan. Correct the number of required and provided plantings in the landscape calculation chart according to requirements of Ord. 480, Sect. 42. 5... Provide a summary chart showing all proposed variances and/or deviations from the closest zoning district(CS)in which the proposed use(s)would be allowed. This should show the referenced zoning district,the existing requirements and the proposed variance/deviation. (P&ZACTION 4/17/97: limit use to 8.2(h) -religious institutions: churches and facilities for worship,fellowship, and education;) P&Z ACTION: February 20, 1997; Approved (7-0)Applicant's request to table to the March 6, 1997 Planning & Zoning Commission meeting. March 6, 1997; Public Hearing continued to March 20, 1997 due to Resolution 95-24. March 20, 1997;Approved(7-0)to table to the April 17, 1997 Planning&Zoning Commission meeting. City of Southlake,Texas April 17, 1997;Approved(5-0)subject to Site Plan Review.Summary No. 3 dated April 11, 1997 with the following amendments: 1) Delete Item #2C(driveway throat depth on north property line); 2) Limit use to 8.2(h)-religious institutions: churches and facilities for worship,fellowship, and education; 3) Require landscape plan, including but not limited to Fl bufferyard adjacent to residential property; 4), Accept applicant's commitment to provide 94'R.O.W. dedication; 5) Building limited to one story; 6) Building to be synthetic stone with stucco around dormers and columns; 7) Metal gate around dumpster; 8) Remove both slabs and dispose of concrete in legal manner. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 5/12/97. 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. * Although not required by ordinance, staff would appreciate placing "Case No. ZA 97-013" in the lower right corner for ease of reference. * This review is based on the"CS"Zoning District regulations. A revised site plan will be required prior to issuance of a building permit for structures not shown in detail on this plan. * With exception of landscape parking islands as shown for the proposed parking area,!the bufferyards and interior landscape area is required only where new building construction is proposed. Since no new buildings are currently proposed by this plan,bufferyards and interior landscape are not required • at this time.However,at the time of any new building construction, interior landscape areas and the following bufferyards should must be provided and should be considered in the placement pavements and parking in orderr avoid removal of these improvements: A 10'wide type"C"bufferyard along the south and east property lines. A 10' wide type"E"bufferyard along the west property line. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records and 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 Mr.John Kelly,Antioch Churches&Ministries Morley Architects,Inc. L:\W P-FILES\REV\97\97013SP4.WPD ..... -..--o C li ] if '1 ! i 4 'Oa armik—Iz: —11. -- — ,_ ___ 44: 1.,„, .11.0.1.4.7.. ..., ,—.1.0 RN.Da.mu.mou . e, 0.1•••SP MM... ....... < 1%. I t_ _ily4SIP ,i/Vall Km*.4.,4 i if . IOL A,1611,101'-11 PrItfl ' 1 AOr., Alta ' .Ilk 41, 4, 11101\ ' 1 ;I fir ! -bilJi_gui l' :4,Pil 1 i i PIVittmillIft:17-1' ' I 1 loam 44--0-04211.21 ii i ilhil 11 3 -1 ,_.• I! I 41 1 II 011 11 1 ri- i 14 15 c . 41111 i r ir1I il iigh (b :::.-::: i ill FA I I( \ in I I..., FBI ft . • . I . M. I i . el I 1 I .,.i -1111111 sew 1 \ IlIP'‘ 7a!) II 1 nilliglierimm_. I I, , 1111 . • • . - raieri,t1rirna k ith • giltilWil: ' 1 . il I • : • • •• El • • • • . .,... • . .. . 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F.i::-.. ,..,.,),-, V•:-..::: ,':: --..:.:--. • ktik,..:.'f- -:-:-::it,'",A,,,,`,.:,,S,_•::•.7:::-:•::=nr,: c...c!..;. . • ,*L.-- 6.1,. ....*{*:,•,.•-_.:_.:-_-__ 1 • ?slat,*••,:ni.• . •• 1. -...• e • ;it 1 :................,...4.17:::::::"::::-.!:.. • • •••• '—— ' :-..n.7:r.:::Inr.n:=r.r.::r.::=.%-• Zfeg(04 '0 In- 1:17.:11.-----.72 In EY:...-.1 •::.%,r1L•ILL',:r...tlAt..• ! :==.,..7.=:.:r.n.7.:::nr...7.n.7..n.,...... - • . - - Iric zr:r.n.77.-.7:1::::::=.7r.r.:7r.::: .,71;•!•t- 1 A•%.M&VOVVVA 1%.V%V.r= — ., _ `4. • 'i:::. 4.---r / ..... *et.101ii ".).'1f .p riiiiNk%UrIAMMKV••• ,,..• 0 .------------..--... . • .tPI:::tlAg.,. ,r..-..--..,.. ..............,...... ...... . 0.0 1 --,tito -,-, .....„...,.....___,...n`e•' ......„............................- -------------. .•••• Prt- ) if;• ) I . 1 • A 3 4 Z . 0 ' 1 WO. • . • N . 1 RECD APR 2 1 1997 0 , C b ,7-04:9 a • m I ANTIOCH CHURCHES 1 I . ,(., 1 I I I I hir4 4 r & MINISTRIES II(.1 , . sli if 1141 2.i 1501 RANDOL.MILL RD. et- ,-7 jit 7 *DM, t MI SOUTI-LAKE, TEXAS u. • • C �F�h• t e•:;•:;!o.'i:'' - t :;� NPIIi;':r - "=,"' Nti-i•u \ INNS!S�•'{Q.`•' 'A4t - >t rr ‘ -x at 1�++ 454Cf44S:y Setif,•.,- vj:Qs.y-'i,+;w,` • Off• ('S.Te 1. 7 l 3, • !',.'<.-t..`C,"wr, w w w i 1 ••;-,.'•l.;r: .Oafs ' C •r•.•r.yt.z.1.7'•:y ti a .F :'- tits: tt; .`-rti.'.:-e•:` J I _ :;i3.S; :n r:' 1 O i r a f :n r ..f'r,i•.i;?{Ui_.:14Zt=j?••sai,%:.:'�?:—R...1 V- �y C'��• k tI f ref;•`~•l;'•'t•.;�� • 1 , )i:,�` a=s' '�.•�..4jf;3 a:.,^3;-.f`,.^�S. ....L•t^�:S;Y.0. •4; •;^KS 3 ss-.��Ui:,ys.Cs4Yt1,CGt•,c>I•:i:' :'1{t�;�':'a:".�•4'v!It`::.:%t•;`•<k't'.{#'`'�• ti an r. �t lit �: y.r t om:tti -;: 1:s• :. o..;..•. • �t. 4:1• -C 4TO.1 1 �. r r '- •`'jam;.4-..t..{ ;" - •� j l� •i r•rai"b.••t.7-J ay`.+ •�g::•• Nit y.,''•- ":."- .:'... 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I • ' 1 I 't" Hill •• • II .I Lis• • • I • 11 I • s E-1 • - ."1 Ib gi I I\ ‘I I • • • • I\ \• I I 41111111 • • - : • 1 : I I \ I 1 '''' 'mr•21-kit . : • • • •• ' I • • • I I• • I • • I ! • ki.c -- . 1 I N . • •• • • .•, :ii • 14.-1 • • (a., Zci.0 NOON =AV 1114 VMS • e36-0 , Cof CITY OF O F 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 1 :,VAND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM 7. w ,; 7 11P Z ' 3.q t S [," , 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 Cie 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 :. r.100 , t A t ender 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\480-236.WPD 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 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 (6,.. 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:\CTYDOCS\ORD\CAS ES\480-236.W PD Page 2 B-12- • and amended as shown and described below: Being a , „ tract of land situated in th- , g w q : ~` ' _ X r ' ,and more fully and completely described in Exhibit "A" attached hereto and incorporated herein,fro I" De to ed : bt: u as depicted on the approved Site 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 (bap, 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 L:\CTYDOC S\ORD\CASES\480-236.W PD Page 3 r ' I rP� -1 • and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances (isr• 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. L MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR L L:\CTYDOCS\ORD\CASES\480-236.WPD Il' Page 4 8 4— ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L L L:\CTYDOCS\ORD\CASES\480-236.WPD 80-I S Page 5 �J EXHIBIT "A" (be ` BEGINNIUG at a 1/2" iron pin found for the Southwest corner of Tract I, said point being in the Bast boundary line of that tact conveyed to L.8_ Cox as described in Warranty Deed recorded in Volume 1786, Page 451, Deed Records Tarrant County, Texas, and being the Northeast corner of Tract II ' (coverall.) described in said deed recorded in Volume 6073, Page 664e Deed ;Records Tarrant County, Texas, and aieo1being located North 417.31 feet from a 1/2" iron pipe found at the Southeast corner of said Tract II (overall); THENCE South with the East boundary line of said Tract II and said L.B. Cox Tract, 100.00 feet to a point at the southeast corner of the called 100.00 foot wide strip of said Tract:, II; THENCE South 89 degrees 51 minutes 25 seconds West with the South boundary line of maid 100.00 foot wide strip and parallel to the North Boundary line of said L.8. Cox Tract and the South boundary line.of said Tract I 417.77 feet to a point in the West Boundary line of said Cox Tract, also being the called West boundary line of said Childress Survey, and also being. the Southwest corner of said 100.00 toot wide strip of said Tract II; THENCE North along the called West boundary line of said Childress Survey, at 100.00 feet passing a 1/2" iron in found for the Southwest corner o said T=act I and continuing a total distance of 308.33 feet to a 1/2" iron ( to set for the Northwest corner of said Tract I, Said point also being the rthwest corner of said Cox Tract, from which a 5/8" iron pin found bears 114Ie 1.32 feet; THENCE North 89 degrees 51 minutes 25 seconds East with the called North boundary line of said Cox Tract, 417.:77 feet to a 1/2" iron pin found for the Northeast corner of said Tract I and said Cox Tract; THENCE South with the East boundary line of said Cox Tract, at 19.64 feet passing a 1/2" iron pin found in the occupied South Right-of-Way line of said County Road No. 3035, said point being the Northwest corner of a tract' conveyed to Daniel Garza, et ux Rita, as described in Warrant Deed recorded in Volume 4507, Page 386 , Deed Records, Tarrant County, Texas and continuing a total distanfelofd208.33 feetQto93HE1 APEACEres OF BEGINNING AND CONTAINING 2.9571 Acres o e apparent Right-of-Way of said County Road. --, (ow- • L:\CTYDOCS\ORD\CASES\480-236.SP 1 Page 6 • I� y Il SVX31 3>IV1H1f1OS IN iiI i'[ tE , ?✓v / i 'ad 11M 1ocNvd lost ._. hill 1 : I �I 1f 1- - S3H38f1H3 H0011NV Iv' • 1 (110 gi Ego- 6 \l- "1 EXHIBIT "B" q661 T adYl 0338 .. i All II I I 31 vim' s® )lii 1 1 iliihflfl ; III ,. d "I l' t :1 1 / 1:17,,,L.c.-,,....27-. , L . ..__:,. ,,i 11,..E MOO f �� A�� .. 1 cum saves „Aaos �� r. �' 6 iiti. .5;: .. . :••• • • '. --} :[-[. 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'RTC fji,. {fr := �:•r'.:!;�• .;4';'t.t9 .%:;.L::S%t•F ^,3=:i f t• •v,;• ..`.•.:;. ! • .r r,,_••;�tkjv,';i :':Sic; (••.•••,.:..4.. r. fti17_ ;y`i,.• - };,:j�i0,C+▪ •::t r.jyi; ▪ :ti•_f 1.`;:w 4 r, h.t. ;:: .'::.;,‘C'S'...;:f•I'lli::▪ .';?''..17'?'17.?'??.."1•8i,;..t.i.Y.:lgittifki.....14:&?-7,i,:it.C.1....fi!, 1 . GGG ?d::; c•:•,..�;jr j ;: `•" • • • '•' 7r %:�,i:• • :• 'C'fir'%. :1� •}Oi}: s';•': C : $` ' ly � +�, r"c Lifii;71:i Y.rt ,S,_,i • ' �; : ktrk•{r`_ . -s; .,▪ •p.in ;::::111::::..:::::::..:'1\ �:':%LJ.i• ttii• '.LjF:• ?.;;; ` :� 1jl.Y•• } am 4 : i ,I = . :r: aL��n4.rs • 1I : ".. �:r i . .ra,W+ • • L:\CTYDOCS\ORD\CASES\480-236.WPD Page 9 /) City of Southlake,Texas STAFF REPORT (me May 2, 1997 CASE NO: ZA 96-159 PROJECT: First Reading/Ordinance No. 480-238 Rezoning /Tract 5A, portion of Tracts 5, 11A, and 11B Thomas Easter Survey,Abstract No. 474 STAFF CONTACT: Karen P. Gandy, Zoning Administrator,481-5581, ext. 743 REQUESTED ACTION: Rezoning of approximately 43.696 acres situated in the Thomas Easter Survey, Abstract No. 474, and being Tracts 5, 5A, 11A, and 1 lB. AMENDED REQUEST: The applicant has reduced his original zoning request to 29.51 acres situated in the Thomas Easter Survey, Abstract No. 474, and being a portion of Tracts 5, 11A, and 11B and all of Tract 5A. LOCATION: East side of Crooked Lane and approximately 560' south of the intersection East Southlake Boulevard(F.M. 1709) and Crooked Lane. OWNER AND APPLICANT: Ken Smith CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "I-1" Light Industrial District LAND USE CATEGORIES: Low Density Residential (may include limited low intensity office NO. NOTICES SENT: and/or retail uses)Because this property is located within the 75 LDN noise level contour of DFW International Airport, Residential development is not allowed. Industrial(may include the manufacturing,processing, packaging, assembly, storage,warehousing and/or distribution of products) Please note that the colored City Land Use Maps incorrectly show that a portion of this property is located in a Mixed Use category. Fifteen(15) (1st NOTIFICATION): RESPONSES: (1st NOTIFICATION): Five (5)responses were received within the 200'notification area: • Pamela and Lowell Morrison, 710 Whispering Wood Circle, Southlake, undecided. "1. My property drains into this meadow -how will this affect me? 2. Lighting- will there be bright lights shining in my windows all night? 3. Traffic. Will trucks be driving by my house between 1709 and 26? 4. Will the development be on city sewer?" 81 — t City of Southlake,Texas • Carol and John Demlow, 1775 Sleepy Hollow, Southlake, opposed. "An adequate buffer is not being provided between existing residential and the area being considered for the proposed zoning change to"Light Industrial." • Barbara Jo Gordon, 2715 E. Southlake, Southlake, opposed. "The area is too close to residential areas with no buffer between." • Bobby Struempler, 700 Whispering Wood Circle, Southlake, opposed. "We are living in a residential environment now and do not wish to be mixed with an industrial district and all of its activities." • Iva Johnson, 720 Whispering Woods Circle, Southlake, opposed. "I am opposed to having this industrial district this close to me as we all have nice homes out here. I don't think this is a fair thing to do to us." Two (2) responses were received outside the 200'notification area: • Terry L. Wilkinson, President, Southlake Properties, Inc., in favor. • Mr. and Mrs. Louis Kaposta, disapprove. Resident states concerns with noise factors, heavier traffic, increased potential for crime, and quality of life. See attached letter. NO.NOTICES SENT: Six (6) (,,,2nd NOTIFICATION): RESPONSES: One(1)response was received within the 200'notification area: (2nd NOTIFICATION): • Catherine Verburg, P.O. Box 487, Grapevine, TX 76099, in favor. One(1)response was received outside the 200'notification area: • Gary Fickes and John Dorety, Exchange Boulevard II Inc., 2875 Exchange Blvd., Southlake, in favor. "We...feel that Stonecrest Business Park would be an asset to our investment and a larger asset to the City of Southlake." See attached letter. P&Z ACTION: January 9, 1997; Approved(6-0) applicant's request to table until the January 23, 1997 Planning&Zoning Commission meeting. January 23, 1997; Public Hearing continued to February 6, 1997 due to 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. 8h- 4P- City of Southlake,Texas April 3, 1997; Approved(6-0) applicant's request to table until the April 17, 1997 Planning&Zoning Commission meeting. April 17, 1997; Motion to deny(3-2). STAFF COMMENTS: Please note that a change of zoning to the "I-1" Light Industrial District does not require a Concept Plan Review by Staff. Due to the Commission's recommendation to deny, a super- majority vote(6 of 7) of the City Council will be required to approve this request. L:\W P-FILES\MEMO\96CASES\96-159Z.WPD 8b- -5 ON 22 JANUARY 1997, DURING A SPIN 7 MEETING, MR. N SMITH GAVE THOSE WHO ATTENDED, A PRESENTATION OF HIS PLAN TO RE=ZONE HIS 46 ACRES FROM AG TO I-I. AFTER THE MEETING, THE CONSENSUS AMONG THE ATTENDEES WAS THAT THEY DISAPPROVED OF HIS PLAN. THEY FELT THAT THIS IS A CLASSIC EXAMPLE OF THE OLD SAYING, "ONE MAN' S MEAT IS ANOTHER MAN' S POISON! " THE CHANGE,, IF APPROVED, WOULD BE GREAT FOR MR. SMITH AND, NO DOUBT, MAKE HIM WEALTHY, BUT FOR THE OTHER RESIDENTS ALONG CROOKED LANE, IT WOULD CREATE ANOTHER "THERE GOES THE NEIGHBORHOOD SITUATION! " ALTHOUGH WE SUFFERED THROUGH PREVIOUS MEETINGS AWAITING OUR TURN TO BE HEARD, WE WERE ALSO FORTUNATE TO HEAR MOST OF THE SPEAKERS SAY THAT THEY WERE AGAINST INCREASING COMMERCIALIZATION OF THE CITY OF SOUTHLAKE. MOST RESIDENTS RELOCATED HERE BECAUSE THEY WERE ABLE TO FIND A WONDERFUL CHANGE FROM THE HECTIC PRESSURES OF CITY LIFE. HERE, LTHEY FOUND PEACE AND QUIET AND LOTS OF NATURAL BEAUTY TO APPRECIATE. NOW, WE, LIKE THEM, ARE BEING ASKED TO REVERT TO LIVING THE TYPE OF LIFE WE MOVED AWAY FROM. WE DON'T WANT THAT TO HAPPEN! WE FEEL CONFIDENT THAT THE REQUEST THAT MR. SMITH DESIRES WILL RESULT IN A COMPLETELY UNSATISFACTORY AND UNWANTED CHANGE OF LIFE FOR ALL CONCERNED.. THIS IS DUE TO THE FACT THAT WE WILL ALL BE SUB- JECTED TO GREATER NOISE FACTORS. . .MUCH, MUCH HEAVIER TRAFFIC DENSITY AND ENSUING PROBLEMS, INCREASING POTENTIAL FOR CRIME, ETC. , ETC. CONSEQUENTLY, WE DISAPPROVE OF MR. SMITH' S REQUEST FOR CHANGE IN ZONING. MANY PREVIOUS SPEAKERS ASKED THAT THE "QUALITY OF LIFE" BE MAIN- TAINED IN THE CITY OF SOUTHLAKE. ALTHOUGH WE ARE FEWER IN NUMBERS L., THAN RESIDENTS FROM TIMARRON, ETC. , WE FEEL THAT WE SHOULD ALSO BE ABLE TO MAINTAIN THE SAME "QUALITY OF LIFE" WE ARE ENJOYING AT THIS $�- - REC'D F E B 0 61997 2- SMITH "ZONING" REQUEST PG. 2 1/27/97 (kir TIME. MR. SMITH CLAIMS THAT "AIRCRAFT NOISE" IS THE MAJOR FACTOR IN HIS REQUEST FOR CHANGE. HOWEVER, IT SHOULD BE NOTED THAT HE ORIGINALLY PERSUADED THE CITY, OVER THEIR OBJECTIONS, TO PERMIT HIM TO BUILD HIS LOVELY HOME IN THE AIRCRAFT NOISE CORRIDOR. FINALLY, MR. SMITH' S REQUEST IS NOT "SITE SPECIFIC. " THERE- FORE, HOW CAN WE APPROVE A PLAN THAT IS SUBJECT TO MODIFICATION IN THE FUTURE, ALL DEPENDENT UPON MR. SMITH' S DESIRES: WE WANT TO WORK WITH MR. SMITH, AND FEEL THAT IF HE WOULD RETAIN THE TEN ACRES FRONTING CROOKED LANE AS "AG, " THAT WE COULD POSSIBLY APPROVE HIS REZONING OF THE REMAINING 36 ACRES FOR I-1 , SUBJECT TO BEING "SITE SPECIFIC. " \„ ,-e 2 ;7 (mil d- /OY .444/7(, L Rb"G EXCHANGE BOULEVARD II, INC. 2875 EXCHANGE BOULEVARD SOUTHLAKE, TX 76092 April 3, 1997 Honorable Mayor, City Council and Planning and Zoning Commission City of Southlake 667 No. Carroll Rd. Southlake, Texas 76092 Re: Stonecrest Business Park Exchange Blvd. Inca is in su Pzoning II, pport of the propos,.d of the Stonecrest Business Park, as an office/industrial park(I-1, 0-1). The Master Plan and Land Use Map has always designated the area for industrial use because it falls directly under the DFW Airport runway noise cone"C" (most intense). We own (4) office/warehouse buildings on Exchange Blvd. that are adjacent to this project (2845, 2855,2865 and 2875 Exchange) and feel that Stonecrest Business Park would be an asset to our investment and a larger asset to the City of Southlake. 00 Gary Ickes Jo• D h rety L RECV APR 0 8 1997 • ---.. .-1 .... . ,_:::, tc,s, s .,t.- I _ ____ • ... ,- -.---------- .4" I, j5,..1 i 41 !.A.1 MIS , 54 50 ,,t - CI ...NOP" art a kil EN • • ..!.,„ 111411 SE.1111:r1 ikil 0 -- - ! AP _ . 5r11.11 q INti.. -t 1 III n C Si N : F I 5A4 Ilhaite--ki,KAN 4 MI r.:? Ein 1111513- 221 Ma ie4A 315"ala 1111111. .... 4..... ... E 1.1 r,741 5. attimm,,i i maim.n 2p. f bq tite raigSSIOn g 1;°' . c-5 20 nic 214 2F 2J --__. / V kg .' tilVdt)P-.2-. 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SURVEY TR 1 SM A� 3 61 AC 111I1 I 3 CITY OF GRAPEVINE Wit' ' • It 111 Er L .. ADJACENT OWNERS AND ZONING • g SPIN #7 DARRELL FAGLIE `?'�-15 BD-9 • 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 APPROXIMATELY ° • i'a AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM WAWA f .3.# . TRI T TO "I4,I ' LIGHT -�. . wry. INDUSTRIAL DI... CT, 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 (re 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. REQUESTED ZONING: 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 Ate , gric It l District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person Ce, 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 L:\CTYDOCS\ORD\CASES\480-238.WPD Page 1 b--9 L the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly Lrequires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation, water,sewerage,schools,parks and other public requirements;and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City L of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, 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\480-238.W PD Page 2 BD- j D Being a w tract of land situated in the ter Surer' ® 'e�a: e, aC 6Ca 69 6 t c_C 'e k � 6 ? 33 g e , and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from t to viz;3ta � �3 � E-m'3fi§� ttt 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 L 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 L:\CTYDOCS\ORD\CASES\480-238.WPD Page 3 gb- ( I • (1.0". 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: C CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR C L:\CTYDOCS\ORD\CASES\480-238.W PD Page 4 Le ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C C L:\CTYDOCS\ORD\CASES\480-238.WPD Page 5 8 IJ\ t (epir EXHIBIT "A" BEGINNING at a 1/2 inch iron pin found at a fence corner at the Southeast corner of the tract in Volume 10433,Page 2287 above referenced,said point being the Southwest corner of Commerce Business Park to the city of Southlake, as shown in a plat of record in Volume 388-204,Page 48,Plat Records,Tarrant County, Texas and in the North line of Heritage Industrial Park Addition; THENCE West(Base bearing recorded Volume 6282,Page 671), 839.70 feet to the Southwest corner of the herein described tract; THENC§ North 00 degrees 14 minutes 00 seconds West 774.65 feet to a point; THENCE North 09 degrees 23 minutes 57 seconds East 50.20 feet to a point; THENCE( North 70 degrees 58 minutes 06 seconds East 305.51 feet to the Northwest corner of the herein described tract, said point being in the West line of the tract described in Volum!6282,Page 671, above referenced; THENCE North 52 degrees 29 minutes 44 seconds East departing said West line, 1019.19 fret to a point; (61,/ THENCE North 37 degrees 21 minutes 11 seconds West 39.71 feet to a point; THENCE North 50 degrees 18 minutes 50 seconds East,424.73 feet to the Northeast corner of the herein described tract, said point being in the East line of the tract in Volume 9755,Page 1297, above referenced; THENCE South 00 degrees 39 minutes 35 seconds East, 362.73 feet with the East line of the last referenced tract and the West line of a tract described in a Deed of Record in Volume 6774,Page 752,D.R.T.CO.,,TX.,to a 1 inch pipe found at the Southwest corner of the last referenced tract, said point being the Northwest corner of said Commerce Business Park; THENCE South 00 degrees 18 minutes 59 seconds East 1,484.45 feet along the West line of said Commerce Business Park and along the East line of the tract in Volume 9755, Page 1297 and Volume 10433,Page 2287, above referenced to the POINT OF BEGINNING and containing 29.51 acres. C L:\CTYDOCS\ORD\CASES\480-238.WPD Page 6 4I— City of Southiake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA 97-028 PROJECT: First Reading/Ordinance No. 480-239 Rezoning/a portion of Tracts 5, 11A, and 11B Thomas Easter Survey/Abstract No. 474 STAFF CONTACT: Karen P. Gandy,Zoning Administrator,481-5581, ext. 743 REQUESTED ACTION: Rezoning of approximately 8.55 acres situated in the Thomas Easter Survey,Abstract No. 474,being a portion of Tracts 5, 11A, and 11B. LOCATION: East side of Crooked Lane and approximately 560' south of the intersection of East Southiake Boulevard(F.M. 1709) and Crooked Lane. OWNER/APPLICANT: Ken Smith CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "0-1" Office District LAND USE CATEGORIES: Low Density Residential (may include limited low intensity office and/or retail uses)Because this property is located within the 75 LDN noise level contour of DFW International Airport, Residential development is not allowed. Industrial (may include the manufacturing, processing, packaging, assembly, storage,warehousing and/or distribution of products) Please note that the colored City Land Use Maps incorrectly show that a portion of this property is located in a Mixed Use category. NO. NOTICES SENT: Nine (9) (FIRST NOTIFICATION): RESPONSES: One(1)response was received within the 200'notification area: (FIRST NOTIFICATION): • Southiake Market Loop LC, P.O. Box 2104, Grapevine, TX 76092, in favor. "We feel that this is the best use of the land, because of the air traffic overhead it does not seem well suited for residential." See attached letter. Two (2) responses were received outside the 200 notification area: • Johnny L. & Edna Beech, 701 Whispering Woods City of Southlake,Texas Circle, Southlake, in favor. "We feel that Mr. Smith has done an exceptional job in planning this Business Park. This property is located in the noise cone of DFW Airport, therefore it is limited as to how it can be developed." See attached letter. • Larry and Margie Rideout, 2737 Crooked Lane, Southlake, in favor. "(We)feel that through his plan, he has done an excellent job of incorporating an office environment into a residential community." See attached letter. NOTIFICATION (2nd NOTIFICATION): Six (6) RESPONSES (2nd NOTIFICATION): Two(2)responses were received outside the 200'notification area: • Southlake Market Loop L.C., P.O. Box 794, Colleyville, TX 76034, in favor. "We fell that this is the best use of the land, because of the air traffic overhead it does not seem well suited for residential." See attached letter. • Gary Fickes and John Dorety,Exchange Boulevard II Inc., 2875 Exchange Blvd., Southlake, in favor. "We...feel that Stonecrest Business Park would be an asset to our investment and a larger asset to the City of Southlake." See attached letter. • Catherine Jurgensen, 4138 Willow Grove Rd.,Dallas, Texas 75220, in favor. "Because of the noise from the airport, I feel that some type of commercial or business zoning is appropriate." P&Z ACTION: 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). STAFF COMMENTS: Please note that a change of zoning to the"0-1" Office District does not require a Concept Plan Review by Staff. L:\WP-FILES\MEMO\97CASES\97-028Z.WPD 111111 ) -H=(h.." I" H • -I H H M • A • R • K • E • T • P • L • A • C • E Southlake Market Loop L.C. March 26, 1997 City of Southlake Planning and Zoning Commission 667 N. Carroll Avenue Southlake, TX 76092 Reference No. : ZA 97-028 Dear Sir / Madam: We are in favor of all of Mr. Ken Smith's 43 acres being changed to I-1 and/or 0-1 zoning. We feel that this is the best use of the land, because of the air traffic overhead it does not seem well suited for residential. (60, Our decisions are based on the fact that the business park to the East side and the new project to the South side (by Trammell Crow) are already zoned this way. In the near future, all land South and West to Kimball and Continental will most likely be zoned as industrial property. Most of the property North of the project is currently zoned commercial on the city plans. We hope that our comments will assist you in considering Mr. Smith's request. Please let me know if you have further questions. Sincerely, Bob Gammon RJG/dw RED' 1i3A261997 P. O. Box 794 • Colleyville, Texas 76034 March 27, 1997 RECD MAR 2 ; 1997 Planning &Zoning Department CITY OF SOUTHLAKE 667 North Carroll Avenue Southlake, TX 76092 Ref: Stonecrest Business Park Southlake, TX Ken Smith, Developer To Whom It May Concern: We have reviewed the proposed plans for the Stonecrest Business Park to be developed by Ken Smith. We feel that Mr. Smith has done an exceptional job in planning this Business Park. This property is located in the noise cone of DFW Airport; therefore, it is limited as to how it can be developed. We believe he has tried to develop the areas which join the residential properties in such a way that the current property owners would be satisfied that their Lie property value would not be decreased. We must point out that our property does not join this proposed business park, however, we would be affected by any additional traffic in the area. We still are not opposed to the development of this property as proposed in the plans dated March 10, 1997. Sincerely, 9441- G67•/ e Johnny L. & Edna E. Beech 701 Whispering Woods Circle Southlake, TX 76092 817/ 488-6841 (` ti ` City of Southlake D��^ �@D[� �n71[�C��y �[��U !�!r`^� +^ , .r�` �~ ~ Zoning Commission ° Dear Sirs: My husband and I have been residents at 2737 Crooked Lane for the past 12 years. We have reviewed the proposed office complex plan designed by our neighbor Ken Smith and feel that through his plan, he has done an excellent job of incorporating an office environment into a residential community. In his design, he has assured us that a "country" atmosphere will continue to exist by the planting of trees to screen the buildings and that truck access will be to the south of homes and not on Crooked lane. , Our once quiet neighborhood has severely been disrupted by the noise of landing airplanes and the widening of 1709' I do not feel that an office complex will create additional disruption to our lifestyle that could possibly compare to the airport noise or danger to us that has already been imposed upon us by the 1709 road expansion. If Mr . Smith insures proper and adequate upkeep and security related to the complex , we do not in any way oppose his plans. -- Sincerely, - Lary and Margie Rideout . / ' ` (tre EXCHANGE BOULEVARD II, INC. 2875 EXCHANGE BOULEVARD SOUTHLAKE, TX 76092 April 3, 1997 Honorable Mayor, City Council and Planning and Zoning Commission City of Southlake 667 No. Carroll Rd. • Southlake, Texas 76092 Re: Stonecrest Business Park (or Ex change Blvd. 1I, Inc. is in support of the proposed zoning of the Stonecrest Business Park, as an office/industrial park(I-1, 0-1). The Master Plan and Land Use Map has always designated the area for industrial.use because it falls directly under the DFW Airport runway noise cone"C" (most intense). We own (4) office/warehouse buildings on Exchange Blvd. that are adjacent to this project (2845, 2855, 2865 and 2875 Exchange) and feel that Stonecrest Business Park would be an asset to our investment and a larger asset to the City of Southlake. pig Gary Ickes Jo D rety C RECD APR 08 1997 ç lT.ia.: ©� i . N5 -- .' _!. ! sA, �1 ' a ru u F313r:3_T•�'\� 51MM vv _ �` IIczil r? EMI I -..• MINEIEI 2.5 2. R 0 v• pi.„-7., M. ,, *4 Z.-, rarmi, .. 7.,•5 . '4 ---i,:-A 15-. I --;__ sez :any Q LAK -._� SBZC ;, co zAz INvIN zAIA pP - pig t 5eze se2A - 1Ale is itel-,8 CASTER �� Id? 1 �.. NORTH �" ©© a =� —� ►BEST PKWY �'ST I —� EI R .. • rq �. N' fARRA j '' 44•444- ADDI1 T.f. € FI j .Atw .ACE 1 • 1 © 51j) 1 L 'usx ShcnrtAlc6 elw. S'`f�'c1L7 m�'�--. .L• L— --! 77� IE.om.wE '�I i 28 lezA 182 4 1 Imo. 1 �_J r_'--• -'—_---•y t I;. ,�.. . 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WILLIAMS I 10fr S.PRITCHETT • til & • 'N.........- A TRp C .: 7 AC / 1 AG t E.WHITE �•J.� I T. SUR '� 7.00000/1* �`A' / TR liE ' ----------------------(-..---------- �S • a. % •' R. BACA -9' \ I \ •1� Y M ifS • TV C� 1--1A ��. .� TR SA a 16.46 AC ��MM • E p TR 5 0 • 1 .503 AC ~ li Q� 10 1.691 O• a i w N TR 1101I 0610 t A 11 •1 J j` • - EX[ • TR 1104 2.049 0 . 5 4 22 22 _ «�_- - --��- - I 1 i r ii -4__--. _ 1 flhITHM_t�( ADJACENT OWNERS Tn ® '^L• GRAPEVINE C. ZONING )S 3 N. 1 O 1 / DoNA C. B MURvEY SPIN#7 DARRELL FAGLIE 5A'io1 3 - V) I 1 II H . / � 06/26/96 j •" ., .. ..1 ci3e B 1 ?-9 : 0 -I Coe' 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 APPROXIMATELY ,< "� ;gym. jFm q 4 . sue. g a ¢ �'e � � ke '. Ste€ rr . 43.E '. AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM , . .PD TO . o , �� ,F. .. � „ 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; (1•0? PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;. AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZONING: 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 Dittrict 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 L:\CTYDOCS\ORD\CAS ES\480-239.WPD Si? Page 1 ��1 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 Lwho 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 (06.., 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\CAS ES\480-239.W PD Page 2 t3 - (O (6.1 Being a . tract of land situated in the 4% �� $ R 1 .„=,° : a . M ' .. . ( ;£ , and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from , `e .. . to 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 cpv 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 L:\CTYDOCS\ORD\CASES\480-239.WPD •' Page 3 ` until final disposition by the courts. Section 9. The City Secretary of the City of Sout hake 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\CASES\480-239.WPD Page 4 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Cr' L:\CTYDOCS\ORD\CASES\480-239.WPD /� Page 5 �1 r/ / C '7 Ce EXHIBIT "A" BEGINNING at a railroad rail found at a fence corner for the Northeast corner of the tract described in Volume 9755,Page 1297,above referenced, said point being the Southeast corner of a tract of land described in a Deed of Record in Volume 4858,Page 830,D.R.T.CO.,TX.; THENCE South 00 degrees 39 minutes 35 seconds East 124.36 feet with an Easterly line of the last referenced tract and the West line of a tract described in a Deed of Record in Volume 6774,Page 752,D.R.T.CO.,TX. to the Southeast corner of the herein described tract; THENCE South 50 degrees 18 minutes 50 seconds West departing said Easterly line 424.75 felt to a point; THENCE South 37degrees 21 minutes 11 seconds East 39.77 feet to a point; THENCE South 52 degrees 29 minutes 44 seconds West 1,019.19 feet to the Southwest corner of the herein described tract, said point being in the West line of the tract described in Volum,6272,Page 671, above referenced; THENCE North 00 degrees 14 minutes 00 seconds West along the West line of the last reference tract and the East line of a tract described in Deed in Volume 9499,Page 760, D.R.T.CO.,TX., 315.40 feet to a 1/2 inch iron pin set in the Southerly line of Crooked Lane; THENCE North 48 degrees 53 minutes 00 seconds East 63.70 feet to an 1/2 ironpin set at the mostNortherly Northwest corner of a tract described in Volume 6282,Page 671, above referenced, said point being in the South line of a tract described in Volume 9755, Page 1297, above referenced; THENCE South 89 degrees 50 minutes 00 seconds West 10.00 feet along the South line of the last referenced tract to a 1/2 inch iron pin set at the most Westerly corner of same; THENCE North along the Westerly line of the last referenced tract and the approximate Easterly litpe of Crooked Lane the following: North 42 degrees 24 minutes 28 seconds East 39.33 feet,North 53 degrees 56 minutes 00 seconds East 292.00 feet,North 55 degrees 11 minutes 00 seconds East 120.00 feet,North 48 d egrs 21 minutes 00East 75.00 feet, North 42 degrees 28 minutes 04 seconds East 76 33 feet,North 3 tends degrees 20 minutes 00 seconds East 250.00 feet and North 39 degrees 51 minutes 00 seconds East 102.00 feet to a 1/2 inch iron pin set for the Northwest corner of the last reference tract; THENCE 87 degrees 05 minutes 25 seconds East 413.0 feet with the Northerly line of e last referenced tract and the general courses of an old fence line to the POINT OF EGINNING and containing 8.55 acres. L:\CTYDOCS\ORD\CASES\480-239.WPD Page 6 Se' (4 City of Southlake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA 97-017 PROJECT: First Reading/Ordinance No. 480-240 Rezoning/Tract 1B3A.F. Throop Surveys Abstract No. 1511 STAFF CONTACT: Karen P. Gandy,Zoning Administrator,481-5581, ext. 743 REQUESTED ACTION: Rezoning of approximately 0.505 acres situated in the F. Throop Survey, Abstract No. 1511 and being Tract 1 B3A. LOCATION: 1966 East Dove Road, on the northeast corner of the intersection of East Dove Road and Royal Oaks Court. OWNER/APPLICANT: Dennis E. McConn/Phillip Burnette (See attached Property Owner Acknowledgment) CURRENT ZONING: "CS" Community Service District cREQUESTED ZONING: "SF-20B" Single Family Residential District LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or retail uses) NO.NOTICES SENT: Ten(10) RESPONSES: One (1)response was received within the 200' notification area: • Pamela Carter, 1911 E. Dove Road, Southlake, in favor. P&Z ACTION: March 20, 1997; Public Hearing continued to April 3, 1997 due to Case Limitation Resolution 95-24. 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)to continue public hearing to the May 1, 1997 Planning& Zoning Commission meeting. May 1, 1997; Approved (6-0). City of Southlake,Texas STAFF COMMENTS: Please note that the Zoning Administrator has waived the requirement of a Concept Plan for this single lot residential proposal. This request from "CS" Community Service to "SF-20B" stems from the fact that the existing house on this property was a parsonage for the Unity Church and was subsequently sold for a single family residence. No changes are being proposed either in lot size or in the existing square footage of the home; therefore, no variance for the existing septic system is required at this time. However, should the home be expanded in the future and if this expansion would necessitate expansion of the septic system, then the Board of Adjustment would have to grant a variance to the expanded septic system because the property is less than one acre in size. L:\WP-FILES\MEMO\97CASES\97-017Z.WPD 8 r. 2- /4- 1 / 1 1 1H1•1 r 4Z1.J1.1 JLJU 1 f'tl /•y�C L.U/'/ LIG V 4.7 1 /(� F.+. Zoning Moose PAGE OF 4 Property Owner Acknowledgements: (must be signed and notarized by all owners,use additional sheets if necessary) As property owner,I have read and understand the attached "Guidelines for Posting Zoning Signs"and understand it is my responsibility as the property owner to place the required signs in compliance with these guidc-i_rl;, I hereby release the City of Southlake and its employees from liability for any damages which may be incurred to my(our)property in the erect;ng,maintaining;or removal of said signs. I hereby understand that it is necessary for me or my agent to be present at the Planing and Zoning Commission and City Council public meetings to represent this request. Agent Authorization (not applicable ) : . vteds 5 Ag i )i 1i•/ ,owner of the aforementioned property do herebycertify that I have 'v �'�i�� given my permission to SOP ILA" 7T`` to act as my agent for this rezoning request. & r kl t/ f g — Y2 Signature of Owner Name(Typed or Printed) Date cav;re me,the undersigned authority, on this day personally appeared wn to me to be the person whose name is subscribed to the above and foregoing instrument,and knowledge to me that he/she executed the same for the purposes and consideration a an the ✓ity therein stated Given under my hand and seal of office on.this the _ day of. 19 7 � '/ FGNCENE HALL %'C %/1 1 ,�/ a°1ar ) Notary PWAc Notary ublic In and For Texas ' `') STATE OF TEXAS Comm.Exp.05/18/97 My commission expires the /v` day of /i 19 97 • (h.i RECD APR 11 1997 04/03/97 11:48 TX/RX NO.3391 P.002 911/ 1 1 i � '.*:-.-1 L �,.�34 ay 1V7j, BIA ff88k : /5 : ; IC 1 i L. 0 _ :40 A-f ice_._—. - \ 21i ..u�r ._f,. ,D27 Ac % K__ ail �._.__ �"' (;� 6' ,'><.J+ 7D1 I• 'vg itm 9 At !'�f 'f.I F -C {- .� --- ` _ i 2c hriK r-- -_� , i �pNE5 00VE P�ftK IB3 ,C2 1 THOINIIP) -ON ri' • � ppp II�� p M ilk . 6 ® WIf9® L !'L'�IIV IA1 / , `V�EY A-•• FBI I`r.,'� " .——r-_ •__ MM. 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HALL 1 k 1AI '381 2 501A l'/ t �,' - _ TRACT MAP u 3 1 I " . RICH/H/ • 1 5C1B x, 50 1 - SU _�, 15A3A1 ti 7 r, S,9 ( - SA3 SCIBI 5K 5P M I i /G� C-''- I' y� �7/.�@ �,�7 �I M.jk m I sA4 sDt I _y� ..ru 1F �� II"'� �� 8 r G—F^ U I�®UVIIWc� I117U f11�UV _�1 ti, `y2Btt2BBSUPKY A-1 2 U' pp �+• II 1 : 5 59 O -- 2B48 283 2B92B\ 2A\ 25 �� . �5A4A � 2D26 2C 21 11 .. ._. i \• .\ ._. en cm 1 I ,. / 3A2I 3A1 I 584C` r • i TR 1EE1 • • - 4 W TR iV �� W O 12 I : 7 - �p SCE - TR 1V1• 8 2 • �' • W i I .46 AC CIF, , - • 1.45 AC . a — V • TR 1 P Ti A :i • .45AC i b 3 TR 1W • Z1$O�� 13 6 .5 AC • TR 1P1 • .45 AC 6' rye/ • 1 . - SF-1 A TR ial TQ so611) 1.421 AC 14 2 5 AC TR 1 X 1 • 5 F 6 TRIO •5 AC R. MCPHERESON • .5 AC -i TR 1X F. KOEHMSTEDT TR 1 R •5 AC 1 TR 3A1E 1 4 1 AC TR 1Y _ _ J _L.SMITH f TR 3A1E •• • .74 AC 1 I 4t,.'• 4 7R iR X19 1 AC TR lY • CS i4 ° • 1 AC ij TR 3A1E4Firf "� SF-1 A:- J. BEVILLE P. CARTER O 1- . .• : K3 : .... • • . :4. 1'1., cj>. p . .: 2. :. - • .' .. • ; . ' ' • r• Z W D.COX 1. i-J -• 2.39 J. REAGAN •I 1 TR 1 EE2 GG '.° W. BARTHELE y .18 AC >k2�83N Ey C+ . • to 2� , '. • • O' : G. HARGADINE ;!EWILLjAMi° TR.28 TR 2C1 . N`1� • • ( • • ••' .98 AC ':AC �jj • ( t.. SF-1 A ,-G _ - ' • r jJ .�ZO�j 1.974 AC 7R 2K . • ' • • Z 1:29 O • i •• ADJACENT OWNERS TR y TR 3A1K . • • 15.56 AC . AND ZONING . +: SPIN#5 JAN FRANCIS •�`• I TR 2 -' 2.95 AC ! TR 2M • SURVEY PLAT or TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: i t T._.DAVID_LOLLARD..A gegleend Fidegoom um ve*,ds leMbY oar 1!a*Weld wrsey w ride of du timid this date order an,sapernlsha d Nd IIa Wg"aka l*"fell7 • • • SEE fiSHIBIT "Au • L. . I. —.. ,ad there ue.No Mtnoklmenn spat et sNpiaUg ptdpeny et the adpialtf lagrovonam area de Mated proton,► as as _____... 1966 EAST DOVE ROAD ' 1 I_OT• IEt PO.e, a 4.oYAL oJiY� At c rrtC1-.1 (� VOL -is Pc' e. 8 S 8 ° 4'S' E 14 .24 i X 0 01 f4 i o°tw3 44 ��Me l 27.96 \ Qat\,. 1 & �� '3414 ft'1"kl- / WA / t 'b�r t Z e 'n a `'� J, le. . J te• t t • • YC VIA n • V /. • ill- 1§ I Lets\ P. r. tt,coa. 64 tot Sree.y, "i, �. I O.+StSb AC.. s> t . n t , • 7 . ...._ r i ... _ O , 4 DAVID POLLARD '\ GF# CE95-74378 � + i c BORROWER: PcCONN � ?01518_S:�+9v ° a0` tsst .•STATE OF TEXAS 3 U R COUNTY OF TARRANT "Tn the Lienholders and/or the Owners of the Premises surveyed and to FLOOD NOTE:I hereby certify that the property described herein SAFECC LAND TITLE /Sro a T- within a special flood hazard area as Identified by the The undersigned does hereby certify that this survey was this day made Federal Insurance Administration, Department of Housing and Urban on the ground of the property legally described hereon and Is correct,and that Development,the flood hazard area being identified fa a e,,/G there are no discrepancies,conflicts,shortage%in area,boundary line conflict,. X. of the Federal InsuranceAdminletralloa Flood Hazard enema hs,ents,overlapping of impmvements•visible limes or roads In place, Boundary ap effective nn'exiL, fP /99 e■ wn hereon,and that said property has access to Inc!from a - dad way except as shown hereon." for the n _ Q4,Za Om•3.0 G. Dated: JULY 19, 1995 By: CA.CIS FOR BEARING: AP SURVEYING CO. • Order No. O7-95/95 David Pollard RP8 11818 • NOT FOR CONSTRUCTION 1003 Central brive.Suite 309 Bedford,TX 76021 Metro(817)287-1240 Le CITY OF SOUTHLAKE, TEXAS .R< INANCE NO. 480-240 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 4:505 ACRES SITUATED IN THE E. THROOP. SURVM ABSTRACT NO. 151-1, 'BEING TRACT ..."...... 1B3A,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM"CS" COMMUNITY SERVICE=DISTRICT TO "SF 20B 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. REQUESTED ZONING: 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 "CS" Community Service 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\CAS ES\480-240.W PD Page L producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in Lzoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, ' Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 0505 acre tract of land situated in the F.Throop Survey,Abstract No. 1511, L being Tract.IB3A, and more fully and completely described in Exhibit"A" attached hereto and incorporated herein, from"CS" Community Service District to "SF-20B" Single Family Residential District. L:\CTYDOCS\ORD\CASES\480-240.WPD �� Page 2 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 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 L:\CTYDOCS\ORD\CASES\480-240.WPD Page 3 8P-9 of its provisions,then the City Secretary shall additionally publish this ordinance in the official City Le 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. L MAYOR L L:\CTYDOCS\ORD\CASES\480-240.WPD Page 4 C"� ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY (1411.. L:\CTYDOCS\ORD\CASES\480-240.WPD c „ l I Page 5 U EXHIBIT "A" BEGINNING at a found 1/2"iron rod in the East line of Royal Oaks Court(a 60 foot Right-of- Way), said iron rod also being the most Southerly, Southwest corner of Lot 15, of Royal Oaks Addition, an addition to the City of Southlake, Tarrant County,Texas, according to plat recorded in Volume 388-153, Page 9 of the Plat Records of Tarrant County, Texas; THENCE South 89 degrees 43 minutes East, a distance of 145.24 feet to a found 1/2"iron rod at the most Southerly Southeast corner of said Lot 15, and in the West line of a tract conveyed to First Baptist Church of Southlake in Volume 4360, Page 139 of the Deed Records of Tarrant County, Texas; THENCE along the Westerly line of said Baptist Church Tract the following: South 00 degrees 15 minutes West, a distance of 27.90 feet to a found 1/2"iron rod; South 15 degrees 15 minutes West, a distance of 179.59 feet to a found 1/2"iron rod; South 72 degrees 27 minutes West, a distance of 29.39 feet to a found 1/2"Iron rod in the North line of Dove Road (a 84 foot Right-of-Way); (kr' THENCE North 32 degrees 11 minutes West, along the North line of Dove Road, a distance of 131.18 feet to a found 1/2"iron rod at the intersection of the North line of Dove Road and the East line of RotNy lal Oaks Court; THENCE Norit departing the North line of Dove Road and along the East line of Royal Oaks Court, a distance of 99.75 feet to the POINT OF BEGINNING, and containing 22,006 square feet or 0.505 acre of land. L L:\CTYDOCS\ORD\CASES\480-240.WPD Er Page 6 City of Southlake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA 97-034 PROJECT: First Reading/Ordinance No. 480-241 Rezoning/320 W. Highland Street STAFF CONTACT: Karen P. Gandy, Zoning Administrator,481-5581, ext. 743 REQUESTED ACTION: Rezoning of approximately 6.311 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 8D. LOCATION: 320 West Highland Street,being on the north side of West Highland Street approximately 800' west of the intersection of North White Chapel Boulevard and West Highland Street OWNER/APPLICANT: Terry Robert Seaborn CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1B" Single Family Residential District LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or retail uses) NO.NOTICES SENT: Ten(10) RESPONSES: Five (5)responses were received within the 200' notification area: • Kay Myers, 570 Love Henry Ct., Southlake, opposed. "SF-1B zoning-6 potential homes of 1,500 would not be in keeping with the immediate area. I would favor SF-lA zoning." • Bert Yetman, P.O. Box 1116, Grapevine, TX 76099, undecided. "No knowledge of amount of homes to be built or class of home(s)." • Jerry Passmore, 340 Highland St., Southlake, opposed. "A subdivision off of Highland would 1. Not bean enhancement to any of us on the street. 2. Excessive traffic flow due to new schools and larger subdivision traffic. 3. Sewer is not available. 4. Road frontage is not adequate. If the request is only to be able to sell the house and one acre then and only then would I agree to this request for rezoning." City of South lake,Texas • Robin Blackwood, 280 W. Highland St., Southlake, opposed. "We are strongly opposed to more than two homes in this tract. Our opposition is based on the character of the entire W. Highland neighborhood, which is "rural" in nature and has lots generally well in excess of one acre. We would prefer on home only. Thanks!" • Doreen Seebeck 480 W. Highland, Southlake, opposed. I would be opposed to multiple housing development. I would be in favor of one or two houses built to conform with the rest of the neighborhood. I would like to continue to have access to the Southlake Equestrian Trail head#2." P&Z ACTION: April 17, 1997;Approved(5-0)to continue public hearing to the May 1, 1997 Planning &Zoning Commission meeting. May 1, 1997; Approved(6-0)with the following recommendation: • a portion of the tract,being approximately one(1)acre around the existing house on the southwest portion of the tract, be rezoned "SF-1B" Single Family Residential District; • the remainder of the tract, being approximately 5.311 acres, be rezoned "SF-lA" Single Family Residential STAFF COMMENTS: Please note that a change of zoning to the "SF-1B" Single Family Residential District does not require a Concept Plan Review by Staff. Please note that the attached Ordinance reflects the original zoning request of"SF-1B". If it pleases the Council,an Ordinance reflecting P&Z's recommendation will be drafted and made available for the May 6, 1997 City Council meeting. L:\WP-FILES\MEMO\97CASES\97-034Z.WPD L I x • IA i I i i �.21 ' I I r'•I I. I 4• I I I 1838 Rp 18) i lk ' Yak i iRD ! i I i 1D ;_ 11 v1�; /'4.�/� i I 1 1C 4A I AO 00 ! 1 1 E ? i y -� i 1 i �Y 1 i ( J -----L----1-- �_.------., , 18 lAz 1L33 k c, I ! ! mac V�,GE IB' p 1 ! ! 1 8.645 k 1 IA2 Wlr cT I T r--_._�----�---------- S9 Ac D Y ' 2 y p i• l 3it/f6 Y A-T1 •i•P IAI J. WEST STAPiEY A-I620 IA _ < i NtR 2A2A !�" 6a7 Ac . 400 Ac 1--- 11 ,0 k __. k. , 35 k 2A2.._._=� to k •I 1�1 i---: i ! 13 Ac % �` a'. — - — 38 1 1 3 IC .+-,27 ,jM��E�-•.` —'Aft AD .1. 3A4 3A1 r- 2C "" ,,g III 3 3 LARKIN H. C HIVL(�83 6F ! 1 G�/ 4 5 S R1EY A-503 ! .IA .-__. D V'1 ;� , , Ith1111‘,..... 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SURVEYOR.__G :, . .. -W EULESS BLVD. 4/ 34\) ..11a:Iltio•ar. i_i4-// A----f"--- ---" :311:Q114 f." .• . r iSgt • SUITE 102 EULESS17,TX 76040 • - '';' 18 ) 267-9.?!? .. sat CITY OF SOUTHLAKE, TEXAS ORDINANCE-NO- 480-241 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 6 311 ACRESS TEDI THOMAS M HOOD SURVEY, ABSTRACT Nt -706,BEING:TRACT SD, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURALDIST CT TO"SF- 1B SINGLE FAMILY RESIDENTIAL ISTRICT, 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 Cre PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZONING: 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\CASES\480-241.WPD ^ Page 1 ` r„ -7 - tLJ 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, ce - WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been . a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 6.311.;acre:tract of land situated in the Thomas Ivii,Hood Survey,Abstract (iirf No. 706,being Tract 8D, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from"AG"Agricultural District to SF-1B Single Family Residential District. L:\CTYDOCS\ORD\CASES\480-241.WPD Page 2 SC? . 7 (or 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 L 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 L:\CTYDOCS\ORD\CASES\480-241.WPD ec-, -p�Page 3 8 • (weof 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 Cie L:\CFYDOCS\ORD\CASES\480-241.wPD 8G - 9 Page 4 (iirr ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L C L:\CTYDOCS\ORD\CASES\480-241.WPD C (D Page 5 (re EXHIBIT"A" BEGINNING at an iron rod- in theo Une O. :WWt Hf, rld;119,ad and being the southwest capzner of-a 2.0 acre tAttict ;ear to Michael Deese, et ux Pamela Deese by deed . rrded on Page 1822 of Volume 8422 in the Tarrant County Deed Records; THENCE S 89° 48' W along the Barth line of said West Highland -Road a distance of 346.34 feet to an iron rod at the.Southeast corner of a 0.92 acre tract as:conveyed to Jerry Passmore, et ux Bernice Passn ore by deed recorded. as Tract A on Page 512 of Volume 7311 in the Tarrant CtsuntY-Deed Records; THENCE North a distance of 399 .16 feet to an iron rod at the Northeast corner of Pagsmaee 4ract:A:. THENCE West a distance of' 190.0 f ::t4:an, f .. rod in the East line of a tract as oogveyed.:to R b*rt ,. S*, et we Marilyn E. Seebeck by deedrOcordsd.on Page `281:. "of Volume 6267 in the Tarrant County-0.-`1, I (roe s �: • THENCE N l0 291 -36" b wl� s rYoe_ 2 .?l�feattok rod at the Northwest corner Of saw kb -:- `.th " South line of Lot 2-B,44 8URN$Tr '1 RES- SIC an euddition to the City of .Southlake. 'lariat* Counts', Texas according to plat recorded on Page 719 of *file 388:=114 in.the Tarrant County Plat Records; THENCE East a distance of 542.97 feet to an iron -rod in the South line of Lot 2, Block B, RAVENADX VILIAdE, an addition to the City of Southiake, Tarrant-Oounty, Texas according. to plat recorded on Page 31 of Volume 388-213 in the-Tarrant County Plat Records and also being the Northwest *corner of said Deese tract; THENCE South a distance of 65/.58 feet to place. of beginning, containing 6.311 acres or 274,912 square feet of lend. C L:\CTYDOCS\ORD\CASES\480-241.WPD Page 6 e C-7 City of Southlake,Texas MEMORANDUM March 24, 1997 TO: Planning and Zoning Commission FROM: Chris Carpenter, Planner SUBJECT: Revisions to Subdivision Ordinance-Park Dedication Section Draft#4 Attached you will find a proposed ordinance revising the entirety of Section 7 of Subdivision Ordinance No. 483. The Park Board met jointly with Council initially and progressed through discussions until making their final recommendation on the ordinance at their March meeting. At this point,the Park Board feels the draft is ready to forward to the Planning and Zoning Commission for discussion. It should be noted that several minor editing changes have been made since the Park Board made a recommendation for approval at their last meeting, which the Board was informed might be a possibility. The City Attorney, the City Manager, and the Director of Parks and Recreation are comfortable that the intent of the policy issues have not been changed, however. Also attached behind the draft ordinance are several surveys performed by other neighboring cities as to the current status of park dedication requirements in the area. If I can be of further assistance to anyone involved in this process at any time,please do not hesitate to call 481-5581, Ext. 866. CLC\cic cc: Curtis E. Hawk, City Manager Debra Drayovitch, Fielding, Barrett and Taylor Kim Lenoir, Parks and Recreation Director Sherry Berman, Park Board Greg Last, Community Development Director • • L:\CTYDOCS\ORD\DRAFTPARK DED\DRAFT4.WPD . SR� 1 DRAFT #4 Section 7, City of Southlake Subdivision Ordinance 1 7.01 PURPOSE AND INTENT: The requirements for open space,park and recreational areas 2 contained in this section are intended to ensure that there will be sufficient land dedicated 3 or otherwise set aside to meet the demand and need of the future residents for open space and 4 parks. In determining the size, shape and quality of open space and parks areas that should 5 be set aside and reserved in the manner set out in this section, the City has considered the 6 projected growth in population and development within the municipality and the amount of 7 open space and park and recreational facilities needed to accommodate such growth as stated 8 in the Parks, Recreation, and Open Space Master Plan. 9 10 7.02 APPLICABILITY: A. Unplatted Property: This section, as amended, applies to all property for which a 12 final plat has not been formally submitted to the City for approval, unless otherwise 13 noted herein. 14 B. Exempt Property: Any tract or lot occupied by an existing residential dwelling unit 15 at the time of adoption of this ordinance shall be exempt from the dedication 16 requirements of this section herein if the residential dwelling remains on the lot.This 17 exemption pertains only to the tract or lot with the existing residential dwelling. Any 18 additional lots created by further subdivision of the property shall be subject to the 19 requirements herein. 20 C. Date of Assessment: All requirements contained in this section shall be assessed at 21 the time of approval of the final plat of any applicable property. 22 . 23 ' 24 L:\CTYDOCS\O RD\DRAFT PARK DED\DRAFT4.WPD 1 SN- ). • 7.03 LAND DEDICATION REQUIREMENTS: A. General: 3 1. Residential Developments: Park land meeting the requirements contained 4 within this section shall be dedicated to the City at a ratio of one(1) acre of 5 park land for every twenty-five (25) residential dwelling units or prorated 6 portion thereof. 7 2. Non-Residential Developments: Although non-residential development 8 does not ge efte residential occupancies per se, it does create environmental 9 impacts which may negatively affect the living environment of the 10 community These impacts may be ameliorated or eliminated by providing 11 park or open space areas which buffer adjoining land uses, prevent undue 12 concentration of paved areas, allow for the reasonable dissipation of 13 automotive exhaust`fumes, provide natural buffers to the spread of fire or 14 explosion, and provide separation of lighting,waste disposal, and noise by- products of non-residential operations and activities from adjacent residential areas. The City has therefore determined that non-residential developments 17 must provide dedicated parks and/or reserved open space at a ratio of one(1) 18 acre of park land for every twenty-five (25) non-residential gross acres of 19 development or prorated portion thereof. 20 3. Off-site Dedications: A developer may dedicate the required park land for 21 a development at another location owned by the same developer within the 22 City with the consent of the City, provided that the off-site land dedication • 23 is in accordance with this section. 24 B. Transfers and Credits for Prior Dedications, Fees and Gifts: In considering the 25 amount of land dedication required of a proposed development, the City may, at its 26 discretion, apply former dedications which were in excess of the requirement at that 27 time to current or future dedication requirements of the same owner/applicant. A 28 dedication or cash payment in lieu:of dedication made•prior•to the passage`of this • • 29 Ordinance shall be controlled bithe provisions of the didinance in effect at the time Cr" L:\CTYDOCS\ORD\DRAFT\PARK DED\DRAFT4.WPD 2 81�-3 goy such obligation arose, provided the final plat has been submitted to the City for approval prior to the passage of this Ordinance. At the discretion of the City, any 3 former gift of land to the municipality may be credited under the terms of the current 4 Ordinance toward eventual land dedication requirements imposed on the donor of 5 such lands. 6 7 7.04 CHARACTERISTICS OF PARKLAND: 8 A. General: The Park Board shall annually recommend to the City Council a summary 9 of the character of dedicated park land most desirable in meeting the objectives of the 10 Parks, Recreation, and Open Space Master Plan. These characteristics shall be 11 provided in an abbreviated written report to all elected and appointed officials, city 12 staff, and the development community, and shall be placed in the Appendix of this 13 ordinance. In determining whether to accept or refuse the dedication of park lands, 14 fees, facilities or a combination thereof as outlined in section 7.05 below, the Park coe Board and City Council shall consider this written report as a guideline for such decisions. 17 18 7.05 ALTERNATIVES TO LAND DEDICATION: The City Council may at its discretion 19 accept any combination of land, facilities improvements or monies in compliance with this 20 section to meet the demands and needs of future residents. 21 A. Fee Payment Alternative: • 22 • 1. Approval of Fee Payment Alternative: The City Council shall,.upon 23 recommendation of the Park Board, determine the acceptability of a 24 developer's payment of fees in lieu of the land dedication requirement of this 25 section. 26 2. Calculation of Fees: The City Council shall annually establish an acreage 27 acquisition cost figure to be used in calculating park fees.This determination .28 . : shall be:,based:on•a reasonable study and'investigation performed by,an 29 • .independent registered land appraisal firm as to the average fair market value•... L:\CTYDOCS\ORD\DRAFT\PARK_DED\DRAFT4.WPD 3 0 (-f-N of acreage in the City. This figure shall be the acreage cost under which all park fees are calculated for the fiscal year. 3 a. Residential Dwelling Unit Fees: The fee payment alternative for 4 residential development shall be calculated by dividing the 5 determined cost of one (1) acre of land by twenty-five (25), for a 6 resulting fee per residential dwelling unit. 7 b. Non-Residential Development Fees:The fee payment alternative for 8 non-residential development shall be calculated by dividing the 9 determined cost of one (1) acre of land by twenty-five (25), for a 10 resulting fee per non-residential acre cost,or prorated portion thereof. 11 In the event the non-residential development is less than twenty-five 12 (25) acres, the total acreage, net of perimeter right-of-way 13 dedications, shall be divided by 25 to determine the prorated fee 14 payment. 3. Collection of Fees: No building permit shall be issued nor shall any construction be allowed to begin until payment of any fees required by this 17 section has been made. 18 B. Physical or Equipment Improvements to Parks 19 1. Compatibility with Park Master Plan: A developer may have the option 20 of improving existing facilities within municipal parks or improving 21 dedicated park land in lieu of park land dedication or payment of cash,based 22 on recommendations made in the Parks,Recreation, and Open Space Master 23 Plan. Should any of these options be exercised, the municipality and the 24 developer shall,prior to initiation of work on such improvements, enter into 25 an agreement for credit of expenses for authorized park improvements. In no 26 case shall the municipality be required to reimburse the developer if he 27 chooses to improve parklands at an amount greater than required. Such a 28 ' proposed agreement to provide facility improvements in lieu of dedication • 29 shall be submitted.in writing with the application for any required Concept- (hrol L:\CTYDOCS\ORD\DRAFT\PARK_DED\DRAFr4.WPD 4 Plan or Site Plan. In the event that no Concept Plan or Site Plan is required, the agreement shall be submitted with the application for the preliminary plat. 3 4 7.06 PRIVATE PARKS: No credit toward any required dedications and/or fees shall be given 5 to park land which is not dedicated to the City. 6 7 7.07 APPROVAL PROCESS: 8 A. Land Dedications Via Plat: 9 1. Park Board Recommendation: The Director of Parks and Recreation or 10 their designee shall report to the Park Board regarding any park land 11 dedication issues arising from development applications submitted to the City 12 for approval. The Park Board shall then make a formal recommendation to 13 the Planning and Zoning Commission to accept or refuse any proposed 14 dedicated park land prior to the Commission's action on the plat. tc 2. Planning and Zoning Commission Recommendation: The Planning and (re Zoning Commission shall consider the recommendation of the Park Board in 17 determining the acceptability of any land dedications proposed on any plat. 18 The Commission recommendation shall then be forwarded to the City 19 Council for final approval where applicable. 20 B. Fee Payments in Lieu of Dedication and/or Facilities Improvements: 21 1. Park Board Recommendation: The Park Board shall make a formal 22 recommendation to the City Council as to the acceptability of any proposed 23 alternatives to park land dedication. - 24 2. City Council Consideration: Upon receiving a formal recommendation 25 from the Park Board, the City Council shall enter into an agreement with the 26 developer for the provision of dedicated park land, fees in lieu of dedication, 27 facilities construction or improvement, or a combination thereof as outlined 2$ below. 29 a: . Developer's Agreements:Develdpei's'Agreements between the City' . Le • L:\CTYDOCS\ORD\DRAF'[\PARK_DED\DRAFT4.WPD 5 and the developer shall include the following requirements as applicable: 3 (1) Boundary Corners Established: Each corner of the park 4 land to be dedicated shall be permanently monumented with 5 3/4" iron pins set in concrete. These shall be located and 6 identified on a recordable plat or land survey completed by a 7 land surveyor registered in the State of Texas and provided to 8 the City by the Owner and/or Developer. 9 (2) Utility Extensions to Park: A minimum size of 6" water 10 main and sanitary sewer, where available, shall be extended 11 to the park, in location(s) specified by the Director of Public 12 Works. 13 (3) Short-term Maintenance: The Owner and/or Developer 14 agree that no construction materials shall be disposed of or deposited within the park by its contractor, subcontractors, ‘11111re employees or agents at any time while the subdivision is 17 being built. If materials are deposited or disposed of within 18 the park, the Owner and/or Developer shall be required to 19 remove these materials within 72 hours of written notice by 20 the City. Before the City accepts this land, the Developer 21 shall remove all trash and dead trees. 22 23 7.08 USE OF FUNDS: 24 A. Fund Established: Funds received by the City pursuant to this Section will be 25 ' deposited in a special fund dedicated to the accumulation of monies required by this 26 section. 27 B. Permitted Expenditures: Monies placed in this fund may be expended only for the 28 purchase, lease, or other,acquisition of park and open space areas by.the City of 29 Southlake, the improvement and site preparation of such areas and sites, the L:\CTYDOCS\ORD\DRAFIIPARK_DED\DRAFT4.WPD 6 5H- � extension of utilities to or within such sites, the installation of landscaping, play cm"' equipment or recreation improvements on such sites, and/or attendant engineering 3 and planning costs associated with such park development. 4 C. Inappropriate Expenditures: Monies placed in this fund may not be utilized for 5 any other general business activity of the City or for maintenance of park facilities. 6 D. Authorization for Use of Funds: All expenditures from this fund shall be made in 7 accordance with the City's Parks,Recreation,and Open Space Master Plan and shall 8 be approved by the City Council after a formal recommendation of the Park Board. (we (kik.., L:\CTYDOCS\ORD\DRAFT\PARK_DED\DRAFr4.WPD 7 8 14 - 8 -- -- — •.•. ... .��.. �a� .V• vav✓ V11 YGL G1J IIV. 1G1 1 VVG OC Y- 1 7-96 YHU 1 2 : a PM FR I SC7e UBL IBC WORKS 972 335 3524 p. 02 (bore AREA PARK FEES AND PARKLAND DEDICATION SEPTEMBER, 1996 LLOMMANIZX MONEY-IN-jgU GENERAL COMMENTS ADDISON None No dedication of land or park fee is now required. ARLINGTON $S00 No dedication of land is now required. ALLEN $130.O0-SF This fee is for each dwelling unit $110.00-MF submitted through the platting process. BEDFORD None No dedication of land or park fee is now required. LCARROLLTON $300.00 This fee is fo r each dwelling unit submitted through the platting process. CEDAR HILL $250.00 Through the platting process, one acre of land is required for each 100 units proposed. COLLEYVILLE $310.00 Through the platting p mg process, one acre of land is required for each 114 dwelling units proposed. COPPELL $1,285.00 Throug h the platting g process, one acre of land is required for each • 100 units proposed. DALLAS None No dedication or land or park fee is currently required. v • S t-1 972 335 5524 OCT-17-96 THU 12 :53 PM FRISCO PUBLIC WORKS 972 333 5524 P. e3 PARK FEE SURVEY SEPTEMBER, 1996 PAGE 2 DENTON None Parkland is acquired through voluntary contribution by the developer. DESOTO S300 Through the platting process, 5 acres of land is required for each 1000 residents proposed. FARMERS BRANCH None No dedication of land or park fee is now required. FRISCO $300.00 Through the platting process, 1 acre of park land is required for each 100 dwelling units proposed. FLOWER MOUND $750.00 Through the platting process. one acres of land is required for each 100 units proposed. FORT WORTH None Through the platting process, 2.5 acres of park land is required for each 1.000 proposed residents. GARLAND .None No dedication of park land or park fee is now required. GRAND PRAIRIE None No dedication of land or park fee is now required. GRAPEVINE $1.416.00 Per unit cost for R-5.0 zoning $I,146.00 Per unit cost for R-7.5 zoning $1,071.00 Per unit cost for R-12.5 zoning $ 807.00 Per unit cost for R-20 zoning IRVING None No dedication of land or park fee is currently assessed • • • • (20, • • • • €14- IC 972 335 5524 'OCT-17-96 THU gi2 :02 PM FRISCO_ PUBLIC WORKS 972 335 3524 P. 01 (kw PARK FEE SURVEY SEPTEMBER, 1996 PAGE 3 LEWISVILLE S250.00 Through the platting process, one acre of land is required for each 100 units proposed MCKINNEY Varies Through the platting process. 220 square feet per capita is required for each proposed development. The fee will vary depending upon the appraised land value of the proposed property. NORTH RICHLAND HILLS None No dedication of land or park fee is now required. PLANO 467.47 S.F. Through the development process, $323.96 M.F. the and plan will dictate what park dedication or linear park impact fee will be assessed. THE COLONY None No dedication of land or park fee is currently assessed PARKSRVY.96 • (3H- II .--. (we J IO Y1 Of O1YlOY1 Y'Yf YNOn01 f� N^1/1 pin OMhP10 `f OOI O> ph r 19NO f On NIUI1I NCIO •R f�n{V b1010 Y YhnYIn VI ofn IO .--VON n O U 0 0 0 0 0.•0 0 0 0 0 0 0 0 0 0 0 0 0 ._O O O d O O O G O O O G 0 0 0 0 C 0 Z 0 ~La e u N l'1 CI GIN nb100 00 Yl"1N 'CI I'InnOb NOlb 01YN •-OA0 IO N . p 010 Yo OIN r Y OOC/Nn 01CINOI m CIYlh N01 O0n .t�-b .-ova b A goo oNNo .-oo .-Oddoo .=OO.- o .=o .=.=o0c .-o,-:c.- .=O.=000 c O .- ~ u an a o C N O O b O Cl 0 N M O1bbYM^40 •1.A0N01 WI^^ f 0{�O b010 N'NOf pp 4 M , 4 N b 0 04 40 40 40 40 0n nnb ANC1A10 C1�100bnn N.NONN 0 JC O .— 44tOco tics I^Yf^NCj^Nai mN1: ^OOf01Io01 C)'07OIOiNOOPI 4 3 A Vu $ .-N.• N ›.J w al ^ II aa ' �S +�I.��.I . - r• . 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N • m w u a c y vl 0 0 O O C1 O 10 01 Y Cl Cl 0 h N Y n .- 0 h n 01 p N O h:0 O Y 01 Y O O1 N C) in) N 01 .- T O N .- .-In OI 41 N .- N .- .- Y N o N^ N . O 11 O C1 .J O O ....I- 0 N Lj 1. >= a E x w 13 Is 0 Y Y 0000 NON 0 eel O r O O01 N 01 Y 0001N 01N alh b0001 01 n = me, — 0 1 1 C^ . 0 Q Cf Y PI 01 In C7 N Y) O h n 0 h N n O .n.0N 01 0 0 0 y` ' O 10 N 1Q Y 0 n N N O1 N 0 Y C)C1 10 N C)N N N 3Y Vh N .- MN.- . .- C! _ 6 n olm . 1-0. G - N• y 4 • • O. O O O O O O O O O O O O pp O pp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p C C P 0 0 y p N 0 IG If1 0 V1 N O 11I p IA 0 0 0 0 0 0 It)WI 0 In 0 N N WI IA O 0 VI O N 0 O Ch Yhb On OOI/l C/ 001 OO N1701Y1N0VIO111 O Y00$17C1 0 () 0.Oi n 1d O Ci b 01 O N O 111 n A h N Pf Cf Oi O IC Q1 OI N n O.-' .r. ,,/7 In NNYN01 Cn1elF) f NN0001co - Nb -NI C)N.'-- Iq O19Cl NN b ' Or . O ^ Y 0 a 11 Z . 0 • o, r• . Z g " q 6 o'x . c. sa ,, ck-C tl u N p 10 u tl 7 7 > O A q N Q C a N u m a C CL 1S C O a <mm000O0OWwW.LL(70(' ISISS YJ-1 ZaMyy F614- 12- . 1996 Metro-Area Survey ' ..; (iii., Park Acres Per 1.000 Citizens 5 10 IS 20 25 ' I 30 NicKinncv Highland Village • Mineral Wells . • Grapevine . Fort Worth Southlake Mansfield Lewisville Carrollton Plano Dallas Euless Grand Prairie Benbrook N Richland Hills Garland • • --1 Allen . - Mesquite Irving . . - Desoto ' t Demon Keller • Colleyville • Rowlett • Arlington The Colony -J Hurst Flower Mound Average- 14.80 Lancaster • Highland Park Sherman Everman • Duncanville Bedford Haltom City .. • • coy, Page 2 ‘10„,. These considerations are discussed below.- - Mark Mills, Administrative Intern, conducted a park land dedication fee survey of area cities. The results are shown below: Parkland Dedication Fees: Survey of Colleyville and the Surrounding Area City Ordinance Inception Ordinance Acres/Unit Fee/Unit In Collected to Status Lieu Of Date Bedford No n/a N _ Coffeyville Yes 1991 C 0.0088 5310,11 $240,603 Euless No n/a N Grapevine Yes 1985 A • "" "'5800,000 Hurst No n/a Keller"' Yes 1989 A 0.0151 S375.00 5572,400 N. Richland No n/a C Hills Southlake Yes 1990 R 0.0200 5500.00 S817.000 C -Currently considering a park land dedication fee A-As stands;no changes currently being considered N-Not currently considering a park land dedication fee R-Currently considering redesigning the existing ordinance ▪ City of Grapevine requires the dedication of 300 sq.ft. of park land per lot • City of Grapevine requires payment in lieu of park land if a minimum 30.000 square foot park can not be dedicated. This payment is based on zoning and ranges from S807-S1416 per dwelling unit Amount shown collected was an approximation provided by City of Grapevine City of Keller requires a donation of 1 acre for every 66 units in lieu of the fee for subdivisions which fall within their proposed trail system City of Southlake currently charges 5500 per roof top in a residential subdivision;they also assess a fee of S500 per acre for commercial property. They require a donation of 1 acre of park land for every 50 units of residential and 1 acre of park land per 50 acres of commercial For more detailed information on the Grapevine, Keller and Southlake ordinances, please see Exhibit B. City of Southlake,Texas MEMORANDUM May 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Requested Variances to the Sign Ordinance 506-A, Section 16-C (3, 4, and 7) and Sign Ordinance No. 506-B, for Parkway Office, 190 W. Northwest Parkway Background Mr. Harold Knight of Hale, Inc. has applied for a variance to allow relocation of the existing Ebby Halliday sign in front of their business, Parkway Office Center, 190 W. Northwest Parkway (S.H. 114). The attached variance application requests that they relocate their existing non-conforming sign from the S.H. 114 ROW to a point on his property, which will be outside the highway ROW. The requested location will be within the requirements for sign location set forth in Sign Ordinance No. 506-A. Their current sign does not meet our current ordinance requirements. Mr. Knight has noted, in the application summary, the following variances and issues from the sign ordinance: 1. Section 16-C (3) of the ordinance requires a maximum height of twenty (20) feet for which there is a requested 2.0 ft. variance. 2. The current sign support structure matches the building trim and is not of the required brick construction. 3. The freestanding sign and the monument sign were in conformance prior to the 1995 sign ordinance change. As mentioned in a previous memorandum, the Texas Department of Transportation has offered Mr. Knight $16,000 for the sign, as part of the ROW taking. This offer, or any settlement, is presumed to include payment for a new sign and will allow this office center to be a viable economic unit after the highway taking, with a visible sign from S.H. 114. Therefore, I believe that it would be appropriate to require Mr. Knight to construct a new sign in compliance with Ordinance 506-A, and Ordinance 506-B. The City Secretary has found no references to additional limits on the existing in the sign permit file. The existing sign has had two changes: 1) the panel changed from Southlake Realty to Ebby Halliday on September 5, 1989, and 2) the directory panel was added on March 30, 1992. 10A-1 CURTIS E. HAWK SIGN ORDINANCE VARIANCE REQUEST MAY 2, 1997 PAGE 2 (kb/ Comments Staff recommends that Mr. Harold Knight's request for variance of the City's Sign Ordinances be placed on the May 6, 1997 Regular City Council Agenda for City Council review and consideration. C /cre Attachments: Memorandum from Chuck Bloomberg, Plans Examiner Sign Variance Application Sign Exhibits (re (kw., D:\Word Files\Memos\knightsign.doc 10A-2 City of Southlake,Texas MEMORANDUM April 8, 1997 TO: Bob Whitehead, P. E., Director of Public Works FROM: Charles Bloomberg, C. B. O., Plans Examiner (15/ SUBJECT: Sign Variance Appeal at Parkway Office Center, 190 W. State Highway 114 Mr. Harold Knight of Hale Inc. has applied for a variance to allow relocation of the existing Ebby Halliday sign in front of their business at the above address. The relocation is necessitated because the State has purchased the land for highway improvements. The permit file has a permit in 1989 to change the copy on the top panel form Southlake Realty to Ebby Halliday. Another permit was issued in 1992 to add the Directory sign panel near the bottom of the sign. The requested location would meet the requires setback for a freestanding sign, however, the sign exceeds the allowable height, area, and contains a readerboard sign. In his application Mr. Knight refers to the aderboard sign as a"Marque Sign". (ibe. Knight has requested this item be on the soonest agenda available because the state has requested he remove the sign ASAP. attachments: sign variance application sign drawings site plan (., 10A-3 ..•.•:. • -.- •:...,., •• --.11:1':F9'1WM, x. . .*:::::•:::",14),..•1.31 . . .:•; • . • .:;: •:, •,'-'!i':".: .... , .. . ••: ':.to 71;;•-: • . 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'•••47.. e "7 .-;'''',.:•-- -.-- .- .1:--%- - f • '-‘--1:''';*i. l'-'•41,,t..'"-7;=<-..4,`±'''N-`,-1. .. ...Li • • -' -,--••-•-...1•:-14.--` '" - :-- ..11.alVis4.041.t#,7P....„.-,;•17;.:6"..., - , It 4 10A-4 � � ` ' ' EXHIBIT & (--- -S. d.i• /L.•47. _. _2G,1 ./_4 j --.-�-----�n="-• .y E lac.__• /.: 4_. /.-/ - - . 1 T- __ J _ 1 •�. :� .ry ago ;Illimre _ .`t 'ti�,'41�jam'' .`t . kio;. ZI . J \t ' c \ ..•, i i I •• . ' + J M . . I - ,;cr • \ w • I . 1 �\ v n •4 j .Li/ i l \• t . EL • . : N . . _Fr-14 ,1 f 1 I . . • - - 17. .,:: 1 • 6 i. /� �:. \ �`, • :. ,D' 's • • Recactr(EQ . �� T� __ SIr N +3, j'�. /r�, ��tei i v: i • r� �—•'a 0 :S . \. EXHIBIT C • (.....:.:.,. L . .. 10A-6 `Q•• L i t eE :.�L. 7'7 / . 77.; ' •I--- _S. B`7•• ice.47• ,_. _J_6,z _/4 j//i•P �•.y pp i • GZ Sd f :�� ' O �' • S • - pt� c.:,7-' 11 sil / a' Nod �q •: 1 .,; r ?\ • -1`;• _ ' a I 7 . 4 0 Lor 3 •\•i ti • 6 ,�- o - v v. •• :") Ni . :.• Nt. 3 • / ‘%, • • NM \:::6.4 l'1, '' '. \*.`,1. . . ' •:-.1 if-n is i ',.1 • V. v ( \ T �M` �•':••�L VJ: ' • .• r `� rrYJ l L r • . • S . , i k5 a �_ v ,L . • . . • . • .. • ..: • • ` _n — / ; 0 (-h • 1 .. C.L.e.)). Q • 1e --- • \ \I \-"N,..„-,.. ...... ..:, ....• -....ot• -pt. - -‹ • .\.1 .`,s.`);\* \ : -. ..• I j(:• . ,%�XfS?IMS SI6 a- . / ... itiV�lac� a •• �� :.!---....„...„ 5z• /�� - EXHIBIT B O. • (• i / .. 'ram • ....)..,. 10A-7 CITY OF SOUTHLAKE February 6 , 1995 SIGN VARIANCE APPLICATION (11wele APPLI('ANT (INNER (if different) NAME: HALE INC. • • ADDRESS: 190 W. Northwest Pkwy Ste E Southlake, TX 76092 PHONE: 817 481-4585. FAX: 817 488-2359 • The following informal on perteina to the location for which rho variance is being requested: NAME OF BUSINESS OR OPERATION: HALE INC. PHYSICAL ADDRESS: 190 W. Northwest Pkwy Ste E, Southlake, TX LEGAL DESCRIPTION : Lot 3 flock 1 subdivision PARKWAY OFFICE•CENTER ADDITION I hereby certify that this application is complete as per the requirements of Sign • Ordinance No. 506 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting who is authorized to discuss this request, address any unresolved issu a, and a prove changes, if any. , ' Ar bpplicant's Signature: /,� d' `f 61/%1f/ (" Date: ?-7 5-_7 7 %rotor City Use Only: • I hereby acknowledge receipt of the sign variance application and the appliction fee in the. amount of $ on this the day of , 199 . Signed: Title: ******t******4*, ***************************t*k*tk****t*4*t**tt*k#***kk*k*kk**#********k*** The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No. S06 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. • X Completed sign variance request application. X _ Completed demonstration of conditions applicable to the requested variance (see attached.) X Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site•plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R.O.W. • X Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the si n ord• ce. (m/ ! 251997 MAR251997 Y 10A-8 BthLDh ti DE PT. j Demonstration kippePlease demonstrate that the following conditions are applicable to the requested sign variance: 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. Literal enforcement of the ordinance 5O6A sign regulations will create unnecessary hardship and practical difficulty for HALE INC. , owner, and the PARKWAY OFFICE CENTER •Tenants because the sign must be moved due to the widening of Hwy 114 and the existing sign does not meet the new requirements of Ordinance 5O6A. See exhibit "A" for details of the existing sign. The upper sign and the marquet sign are leased to a real estate firm occupying suites A & B through September of 2002. The directory sign letters have been installed and paid for by the tenants that occupy the remaining five suites. From the paragraph 2.0 that follows the requirements of Ordinance 5O6A regarding how the sign area is calculated and the permitted sign area results in a comparison of a calculated 186 sq. ft. for the existing free standing sign versus a permitted area of 96 sq. ft. re- sulting in a variance of +90 sq. ft. The height variation is 2.0 ft. The existing sign support structure matches the building trim and is (Imme not of brick construction as required. HALE INC. understands that the monument sign is considered to be separate from the free standing sign. The monument sign is in conformance with the height and material requirements. The sign is in variance by +5 feet -with respect to width and + 20 sq. ft. with respect to area per side. See paragraph 2.0 for a summary of the requested variances. Major changes in the free standing sign and the monument sign configuration would be required to bring them into conformance with the current ordinance. This signage located along Highway 114 was a primary selling point for the leasing of the office suites and any change in sign configuration will subject the lease provisions to re- negotiation or perhaps even cancellation. Therefore, an unnecessary hardship has been placed upon HALE INC. and the PARKWAY OFFICE CENTER tenants by the widening of Highway 114, the revisions to the sign ordinance and the- requirement to re-locate the sign. The entire elimi- nation of permitted marquet signs from ordinance 5O6A is of particular concern. The free standing sign and the monument sign were in conform- ance prior to the 1995 sign ordinance changes. L 10A-9 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. 4hwe The situation causing the problem has developed as a result of the Texas Department of Transportation taking of Right of Way land for High- way 114 improvement. Our company, HALE INC. has settled with the TDOT for the taking of the land. HALE INC. has agreed, as part of the settle- ment, to move the free standing and monument signs presently located in the new Right of Way. The practical difficulty in the movement of the sign to a new location the changes that have been made to the Sign Ordinance 5O6A in the 1995 ravision affecting allowable sign height, area, how area is calculated and the elimination of marquet signs from the ordinance. The subject sign was approved by the City of Southlake in 1985 as 'a free standing, lighted, 72 sq. ft. per side sign, 22 feet high with a lighted 48 sq. ft. per side marquet sign located on the same support structure. Wrapped around this support structure at ground level is a 48 sq. ft. monument sign. In 1994 a 30 sq. ft. per side lighted directory sign was approved by the City of Southlake for addition to the sign support structure. Exhibit 'A' shows the present configuration of the sign. Ordinance No. 5O6A, released in March of 1995, has caused the following variances between the ordinance and the existing sign. See chart on the next page. HALE INC. hereby requests approval of these variances. L 10A-10 Variances Between The Existing Sign And Ordinance 506A Requirements (kr' Allowable • Per Actual For Ordinance °Free Standing Sign Existing Sign 506A Variance Height 22 Ft. 20 Ft. +2 Ft. Area Per Side Business Sign 72 Sq. Ft. Marquet Sign 48 Sq. Ft. Directory Sign 30 Sq. Ft. Total Actual Area 150 Sq. Ft. Total Area Calculated 186 Sq. Ft. 96 Sq. Ft. +90 Sq. Ft. Per Ord. 506A (Includes open spaces between signs) Support Structure Same As Same As (me Material Building Trim Building Brick Material • ooMonument Sign Height 4 Ft. 4 Ft. OK • Width 15 Ft. 10 Ft. +5 Ft. Area Per Side 60 Sq. Ft. 40 Sq. Ft. +20 Sq. Ft. Material Same As No OK Building Brick Requirement (re 10A-11 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. (me The variance will not injure and will be whollycompatible with the use and development of adjacent properties because the relocated sign will be set back 15 feet from Highway 114 Right of Way as required by Ordinance 5O6A. The sign will be located approximately 140 feet from west property line and approx. 85 feet from the east property line. See Exhibits 'B' and 'C' . 4. That the variance will be in harmony with the spirit and purpose of the sign ordinance. The existing sign met all the requirements of the sign ordinance prior to the release of Ordinance 5O6A in 1995. The sign is attractive, kept in good repair, the pole covering matches the trim of the office buildings and the monument sign brick matches the brick of the office buildings. The variance to permit the movement of this sign approximately 95 feet to the new location is in. harmony and meets the intent of the current sign ordinance. • (me 10A-12 ;t CITY OF SOUTHLAKE 667 N. Carroll Avenue Southlake,Texas 76092 CITY OF SOUTHLAKE 3— S 7 (ore (817) 481-5581 REG-RECEIPT:81-91548 C:83-25-1997 Date / CASHIER ID:C 81:55 ps A:83-25-1997a .e (1t C 4180 PERMITS-SIGN $188.88 Name SIGN VARIENCE REQUEST/CK#2282 • Spy V fr ,.,cc 2eives1-- RECEIV TOTAL DUE $108.08 ED FROM: / f ,,,, ±,',k „, HALE INC 1�� W_ 57� y ify CHECK $188.88 TOTAL TENDERED $188.80 CHANGE DUE $8.80 • Ob $ j0O Amount . ea7 _ rem_ • `). Department By ❑ Receipt ❑ Remittance si(1111, ,, 164#1410/131111140040 • j(i ......'.,'.',.::.:•2:::.*:::''''"Y::',:',•::::,,:,*:::::•',;:,;',.::::.•: ,' • s• • '':';',. . . •. . • ' .. (1.01. P( 10A-13 .;ii City of Southlake,Texas MEMORANDUM May 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Greg Last, Community Development Director SUBJECT: Requested Variances to Sign Ordinance No. 506-A, Sections 16-B, (4) and 16-C, (2,3, and 4) for Village Center, Phases I and II, and Discussion Regarding Berm behind Kroger along S.H. 114 Background Village Center was platted and developed in two phases. Phase I is generally referred to as the Kroger site and Phase II as the Home Depot site. The developer prepared, at staff's request, a comprehensive plan for signage. The signage plan with requested variances was approved. As with any large development as the project evolves, improvements/changes may be requested. The following requests for revisions by Don Silverman and Rolland Uphoff with the Midland Development Group have been reviewed by staff. City Council approved the driveways and revisions to the anchor tenant building East of Kroger during the April 15, 1997 Regular City Council Meeting. Other revisions to signage and to the Kroger berm remain for City Council's approval. The following revisions are requested for approval or discussion: • Signage The signage request is threefold: 1. New Sign > locating it at E. Southlake Blvd. and the west drive (Sign Exhibit Site No. 5). The sign requested is a monument sign for Home Depot and PetsMart (Sign Exhibit Sign Type G). From the Village Center Site Sign Information Table (table exhibit), Site No. 5 will be a monument sign that will be 8 ft. x 12 ft. with 72 s.f. of signage. This was previously approved at Village Center Dr. and E. Southlake Blvd. The requested sign meets all of the Sign Ordinance requirements. 2. Increased Signage > increasing the signs at Village Center Drive (Sign Exhibit Site No. 8). The previously approved sign was an 8 ft. x 12 ft. (72 s.f.) monument sign. The new request is for a shopping center free standing sign that will be 20 108-1 CURTIS E. HAWK VILLAGE CENTER ISSUES MAY 2, 1997 PAGE 2 ft. 11 in. by 11 ft. 6 in. (See table for details and page 10B-20 for a rendering of the proposed sign.) This sign will need a variance because under our present Sign Ordinance, the method of measurement includes any architectural treatment along the sides and top of the actual "sign". The attached Sign Ordinance's Appendix A, Methods of Area Measurement:Exhibit A-4 shows the example for the sign under consideration. Therefore, the proposed free standing sign is out of compliance as it is 11 inches too tall, because of the 2 ft. 2 in. "cap" and at 195.5 ft. (11.5 ft. x 17 ft.) in area. It is almost double the allowable square footage of 100 s.f. However, if the architectural treatment along the sides and the cap were removed, the actual sign's total area is 116 s.f. (8 ft. x 14.5 ft.). Council has approved at Site No. 10, the free standing sign to have up to 128 s.f. of signage. Site No. 8 Ordinance Requirement Proposed Variance height area of sign20 ft. 100 ft. 20 ft. 11 in. 11 in. 116 s.f. (signs) 16 s.f. 78.5 s.f. 78.5 s.f. (structure) Total 195.5 s.f. 95.5 s.f. 3. Revised Signage > limiting the access drive at Kroger on E. Southlake Blvd. (Sign Exhibit Site No. 10). There is an existing free standing sign at Site No. 10. It has 106.4 s.f. of signage with Council approval for 128 s.f. (See Sign Exhibit Sign No. F). The developers have requested that an architectural treatment be allowed to be added to the sign by placing columns along the sides and a "cap" on top. See page 10B-21 for rendering of the proposed sign. This architectural treatment will be Sign Ordinance, Appendix A, Methods of Area Measurement, which will increase the measured area of the sign from 106.4 s.f. to 221 s.f. L 10B-2 CURTIS E. HAWK kipieVILLAGE CENTER ISSUES MAY 2, 1997 PAGE 3 The developer is requesting the following for this sign: Site No. 10 Ordinance Requirement Proposed_ Variance height 20 ft. 20 ft. (sign) 2 ft. 2 in. (cap) 2 ft. 2 in. area 100 s.f. 128 s.f. approved 136 s.f. (sign) 8 s.f. 84.8 s.f. 84.8 s.f. (structure) Total 220.8 s.f. 92.8 s.f. (re. In summary, a new monument sign at Site No. 5 (the west drive and E. Southlake Blvd.) and the free standing sign which replaces a monument sign at Site No.8 (Village Center Drive and E. Southlake Blvd.) are an attempt to draw traffic to these points of entry into the Home Depot/PetsMart area; thereby, limiting exposure to the limited access driveway across from Westwood Drive. The requested variance at Site No. 10 is to build a sign with architectural treatment to coordinate a "look" in the entire Village Center development. • Kroger Berm 1) There appears to be some confusion on the expectations regarding the berm behind the Kroger building. Although the berm design requirements were not included in any approval motions, there were commitments made by Mr. Silverman regarding his intent for the berm. Mr. Silverman would like to discuss the issue with City Council and resolve the issue to the Council's satisfaction. L 10B-3 CURTIS E. HAWK kii„, VILLAGE CENTER ISSUES MAY 2, 1997 PAGE 4 Staff Comments Directors Last and Whitehead will be present at the City Council Meeting to answer questions on this fairly complex proposal. Recommendations regarding the signage requests are as follows: • Approving 8 ft. by 12 ft. monument sign to be located at the west drive and E. Southlake Blvd.; • Approving the a variance to the Sign Ordinance to change the approved monument sign at Village Center Drive and E. Southlake Blvd. to an 11 ft. 6 in. by 20 ft. 11 in. free standing sign by approving an 11 in. addition in height and 95.5 s.f. in area; • Approving a variance to the Sign Ordinance to change the previously approved free standing sign at Kroger drive and E. Southlake Blvd. by approving a 2 ft. 2 in. addition in height from 20 ft. to 22 ft. 2 in. and an additional 92.8 s.f. of area; Please place this item on the Regular City Council Agenda form May 2, 1997, for City Council's (sie review and consideration. BW/GL/cre Attachments: Letter from Midland Development Group, Donald Silverman Site Sign Information Table Sign Ordinance No. 506-A, Appendix "A", Methods of Area Measurement Drawing - Kroger Berm Previously approved Site Plan Drawing - Site No. 8, Sign B Drawing - Site No. 10, Sign A Sign Exhibit Village Center, Phases I and II (reduction) M:\WP-FILES\COMMERCI\V-C7R1\VARUNCE.WPD L 1 OB-4 vs,voi / 14;4o CAA arZ116Utl760 MIDLAND DALLAS • SOY r SAINT LOUTS THE MIDLAND GROUP Ifligland CINCINNATI MIDLAND DEVELOPMENT GROUP,INC. RALEIGE MIDLAND ACQUISITIONS,INC. April 9, 1997 Mr. Greg Last Planning Director City of Soudilak-e City Hall Southlakc, Texas 76099 RE: VILLAGE CENTER Dear Greg: This is a follow up to our conversations relating to certain planningidevelopmenticonstrx- n items Which are still need to be resolved with your office, and the City Council regards the Village Center retail development. Below listed, I have provided a list of these items and the action or resolution which we would propose to address these (1) Berm at the back of the Kroger Store As we have indicated, the berm at the back of the Kroger was built at a height of four fret from the driveway, with the required number of bees and bushes, and per the plans. In our opinion, to increase the height would not solve the perceived problem, and likely would be removed by TxDOT in conjunction with the taking of crie the 114 right-of-way. We would be willing to provide additional screening landscaping which would, over time. provide an attractive live screening of the back of the store. (2) Approval of the revised"Building B" configuration Our recollection of me approval for the Kroger "sub-anchor" was that the Council approved the Contraction of the building so long as at the time we had a tenant(s), the building was no larger that 32,105 square feet. We would like confirmation that the plans as provided to you may be approved by Staff rather than process the building again through P&Z and Council. We intend to meet all the ordinance requirements. Further, in support of this request, we have provided a comparison of the approved and proposed elevations and site plans. No variance is required, and the building hilly meets the articulation guidelines. We would waive the previously approved variance of the east wall. Total proposed square footage is less than twenty two thousand (22,OW)square feet. (3) Revised Driveways We have had extensive discussions with the Staff regarding the driveways to Southlake Boulevard is Phase two concerning traffic and safety. We are prepared, in conjunction with some proposed signage modifications intended to further safely direct traffic, to modify the driveways as follows: "PetsMart Drive"- modify from three lanes to two lanes. right-in, right-out only. "West Drive"-modify from two to three lanes, full access. We would also request that the City use its best efforts with the State Highway Department to signalize this intersection at such time as warranted. WEST R4RK I 12655 OLIVE BOULFIMRO•SUITE 200 L., SAINT LOUIS,MISSOURI 63141 TELEPHONE 314.576.1900 FACSIMILE 314.576.7005 VOICE MAIL'314•576.1986 RE,D A P R 10B-5 Q 9 1997 uviutuut 14:46 FAA 9729808789 MIDLAND DALLAS e03 THE MIDLAND GROUP Mr. Greg Last MIDLAND DEVELOPMENT GROUP,INC. April 4, 1997 MIDLAND ACQUISITIONS,INC. Page 2 (4) Signage We have provided to you a site plan of the existing permitted and approved sign locations for Village Center, with the attached Exhibit information indicating approved and proposed signage. In conjtmetion with the revisions to the driveways in Phase 2. we would like to redirect traffic to the west driveway and Village Center Drive. IIence, the proposed sign changes. Further, in the interest of providing signage of the same quality as the Shopping Center, we have attached color elevations of the proposed shopping center signs, which„red a variance for total square footage (mostly for the architectural elements) from counri1_ With regard to this information, if there is anything else you need, please contact me. We look forward to resolving these issues with the City Council Sincerely, T do M SOUTHLAKE DEVELOPMENT COMPANY BY: MIDLAND DEVELOPMENT COMPANY, L.P. BY: SOUTHLAKE EQUITIES, General Partner L, Donald L. Silverman Vice President L REC'D APR 0 9 1997 ,o8-s • L . 7 a • O CA . G co t C C m a G 0 to m m W r. .-a = OJ. t Q d O G �=is j o� 0Cam 0 .o ern rA a C m 2 0 • !_/ G~C ir maw 4 Q c Ti _ as 1 r N O O fM0 4 �' ' yyd • C O c �`�, �' E 0.. N ~ a s _ c'r N - at Y Q) a as 0 Ca .2Q 4 1— o Q V U 0 0 LY7 p Y Om O CO m CO C6 c - 4 m q a • F rC3 g 5 a v H-6 e E — � N E E v m ,, N v U XC = c CO ac ii 3c xm Sc a -3e 0 2 O V 0 0 0 0 • 0 0 0 oM o �� 0 • 0 Vi E-- Q N a o°°i 09i 009 09i w -.moo OS Q CNd _N a+ ` — FGW • 2Z1"" , d V _m 40 90 le env o a o 0 00 oo $g a N � U.. c su too c9 cal n n t. n .cOf'..= n -- N 4 CO n 0 —I d = _ � a - w � • d. 0 t en ira y 6 lY N is.) N N.-- N _ _- N el .� O W N " O W CO 00 i0 00 N OO N W G N CO • C a CS c!� F� a a a "' "' • C7 0 o 0ta 0 u_Q 0 413 y q a N 3 m a y m }� }'$ oa a 'O. 2v � ° Fgemp $' ea oo Qo Oo Qop ee 0. ao no. 0-ELet. aC .o na a R �t •l .¢& a& aet a& a& a& ¢& aat .tiE CD d I._ ,ice+ .«" m CO CC .- N M to N. CO COr 10B-7 d 660L06V NNtlW13.NWIM WOb± WdZE=E L661-01-7 APPENDIX 'A' (ime METHODS OF AREA MEASUREMENT 1r. I EXHIBIT A-1 SIGN :o SIGN STRUCTURE: Freestanding HEIGHT: 20' ;In , b AREA OF SIGN: 96 s.f. (8' x 12') ill: i N NOTES: Supporting structure must 1 10 a be constructed or covered with the same ' II masonry material as the principal building on the site or stone or brick. img gin I. • I 6 I r-- ---1 1 EXHIBIT A-2 I I(� 1 SIGN STRUCTURE: Freestanding • b i S t G N ( A( HEIGHT: 20' U � `=' Hi AREA OF SIGN: 96 sMge .f. (12" x 8' ) " :• NH b NOTES: Supporting structure must be ■11 N constructed or. covered with the same • . 1 MI masonry material as the principal ao building on the site or stone or brick. 11 Hi w 1 N w■ Is e' $XHIBIT A-3 1I 11. SIGN STRUCTURE: Freestanding • • ai NI HEIGHT: 20' (at centerline) I S U! I 1 AREA OF SIGN: 96 s.f. (12' x 8' ) mha a ; NOTES: Supporting structure must be b m' N constructed or covered with the same N N a masonry material as the principal N II building on the site or stone or brick. �� - 11111 I S ■ • • G:\ORO\SIGNS\FD7_3-21.WP0 10B-8 APPENDIX 'A' (' (hive METHODS OF AREA MEASUREMENT I 1•I V I' .XHIBIT A-4 \EMIIMMIUMMEMMOMMI07 I :MIIo SIGN STRUCTURE: Freestanding ==_=i I!■-- --- HEIGHT: 20' Mill II" SIGN IR AREA OF SIGN: 99 s.f. (11' x 9') t NOTES: Supporting structure must be UM - ��.(�. N constructed or covered with the same Ma SIGN II j masonry material as the principal wit building on the site or stone or brick. S16N MC I . +— MO IMO- INN :I mim -I i (hire EXHIBIT A-S SIGN STRUCTURE: Ground HEIGHT: 4' . 1 AREA OF SIGN: 6 s.f. SIGN N • iV L G:\ORIASIGNS\F07_3-21.WPO 108-9 APPENDIX 'A' ''. ' (hre METHODS OF AREA.MEASUREMENT EXHIBIT A-6 1 'T SIGN STRUCTURE: Monument HEIGHT: 4' S AREA OF SIGN: 40 s.f. (4' x 10') ' N NOTES: No lighting sources may be visible. EXHIBIT A-7 16 SIGN STRUCTURE: Monument r 12 r HEIGHT: 6' I I AREA OF SIGN: 63 s.f. (5'3" x 12' ) " SIGN E. NOTES: The base of the sign must be 171' t° constructed or covered with the same 10 masonry material as the principal ��WNNII=W111•N building or stone or brick. Maximum :ios°— height of the base shall be 24". • EXHIBIT A-8 liz SIGN STRUCTURE: Monument . 10 I r HEIGHT: 6' AREA OF SIGN: 45 s.f. (4'6" x 10') NOTES: The base of the sign must be i'•'k.; ,4:- constructed ' or covered with the same 1 ,, m masonrymaterial as the '�"•'��'.'principal ��v��a 6 building or stone or brick. Maximum im MIE �'a��O height of the base shall be 24" . `""�'��--��. ' (kire • G:\ORD\SIGNS\F07 3-21.UPD um-10 (re INSTALL 5 gal. NELLY— STEPHENS HOLLY 0 4' O.C. i AAI In (0. -H EX. BERM VARIES KROGER BERM L 10B-11 • g PREVIOUSLY APPROVED SITE PLAN (weiii 11 °l b a` •1 . i, ! 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' I runnuut ( Innnnuu = f,,,G 4 © / � � •IiT111111111111111 J 1 1 • - J l III I _ �; -- _�— / iuJI a tt---it-..- a�i s _ _ e - �` 1 Oflflfl o / - --._— — -- Il0d30 3R0N k/ :. . � o - - -I ------------- -------= - ----- ----r1 1 I L 10B-15 City of Southlake,Texas MEMORANDUM May 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Commercial Developer Agreement for Christian Men's Network,located on the South Side of Countryside Ct., approximately 500' west of the intersection of Countryside Ct. and N.White Chapel Blvd. Background The commercial developer agreement for Christian Men's Network is attached. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the agreement. This is a standard developer agreement with no modifications. The Christian Men's Network is extending Countryside Court in order to expand their facilities. In addition to road construction, the developer will be extending a city water line. Comments Staff requests that this item be placed on the Regular City Council Agenda for May 6, 1997,for City l's re 'ew and consideration. 0 RH/ls' Attachment: Agreement M:\W P-FILES\COMMERCI\CMN\DEV-AOR.MEM 1Uc-1 CHRISTIAN MEN'S NETWORK ``�•— COMMERCIAL DEVELOPERS AGREEMENT 05/06/97 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 Lot 2R1, Blk B,'Ravenaux Village to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities lo.;ated therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Lot 2R1, Bik B, Ravenaux Village (a commercial development) and to the off-site improvements necessary to support the subdivision. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond 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 facilities to be constructed by the Developer,and providing for payment to the City of such amounts,up to the total remaining amounts required for the completion. of the subdivision 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 should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. 10C-2 • D. It is further agreed and understood by the parties hereto that upon acceptance by City, `... title to all facilities and improvements mentioned hereinabove,which are intended to be public facilities, shall be vested in the City of Southlake 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 for this provision and for the entire agreement shall occur at such time that City,through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. To pay to the City three(3%)percent of the construction cost for inspection fees of the public water, streets, drainage facilities, and sanitary sewer. 2. To pay to the City two (2%) percent of the construction cost for Administrative Processing Fee for public water, streets, drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard). Trench testing (95% Standard) shall be paid by the Developer; b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders; d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday or Sunday. These fees are considered over and above the 3%inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. 10C-3 F. The Developer will be responsible for mowing all grass and weeds and otherwise �,... reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15)days written notice, should the Developer fail in this responsibility,the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney 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. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Lot 2R1,BIk.B,Ravenaux Village to the City of Southlake. 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 of Southlake requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally,the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. 1 OC-4 B. DRATNAGT : 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,the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning,permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: (If applicable) 1. If applicable, the street construction in the Lot 2R1, >Blk B, Ravenaux Village, commercial development of the City of Southlake 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 • of street lights;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 an engineering study performed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer,and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. 10C-5 D. EROSION CONTROT During construction of the subdivision 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 affected areas. If the Developer does not remove the soil within 72 hours,the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. E. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping,irrigation, lighting,etc.,for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. F. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. • 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. 10C-6 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT. OR .IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY TILE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the 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 `�- 1 OC-7 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 bought against the City, its officers, agents, servants or employees, or any of them,on account thereof,to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein,shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition,the Developer,or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the agreement shall be completed within two (2)years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. PARK FEES: The developer agrees to pay the Park Fee for Lot 2R1,B1k'B,Ravenaux Village of $500 per acre, in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately 3.970 acres in Lot 2R1, B1k B, Ravenaux Village which would bring the total cost of Park Fee to $1,985. \.� 1OC-8 B. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Christian Men's Network By: Title: Address: Countryside Bible Church 250 Countryside Ct. Southlake, Texas 76092 Date: CITY OF SOUTHLAKE,TEXAS By: Rick Stacy,Mayor ATTEST: Sandra LeGrand, City Secretary Date: 1 OC-9 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit(L of C)must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding$10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six(6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. \"-- 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. M:\W P-FILES\COM M ERCPC MN\DEV-AOR.W PD f 1 V ./.\ . -\----- T C \ ,.._., \ _____ - (,...„. DOVE PROJECT e1 k , 4 Cp• SITE0 - ---__.,,.. U HIGHLAND _ . cn ca a x CO a. 44 x , F.M. 1709 SOUTHLAKE BLVD. (BOOC LaliC� ° p `\ \ \ a z \ 1\ n . W \ 4- 1 7Z�' • aa a` . I(kW I— V a Z \ zu i j•\'a ` J„ \ / \ La J \\/ E- cc C.4 • co• ....-\.- / W ' Z Z ce - \ W U) J O O x 3 I-- a \\ m r 3 X g I`i? J!I W+ W I a W CO x00Lo �~¢ IraD xcD N u0 c0 to li J CO iO I I J >) J 1 1 1 1 1 1 I I - J U ��—— Z � - I ZoaO Z . f 1 i 1 O 1 if al- i p 1 / • I'i:::g8;tiI ♦i / i. • „„o_ ♦/ �3 l • onr.a<nl / / • I� a •/ / '. b l Si / / >- 0 CD J I / d F z 3 I = �•�/ // (Dirt CI ao ja�a � � cAN Z \ ♦/ • ¢� 4 ,• / // -� °�" . '♦i / >>ow • 1♦;/ // a a ♦♦/ // ♦♦/ / W 1♦♦♦// /// 0O0 • ♦♦•/ 4/ // I- I//'' ' _, D L./..,13 • 4 / Z .. a. —/ ",#'y , / / / / / / / E. 0 a L. • •• • 10C-12 MAY-82-1997 16:46 F I ELD I NG BARRET & TAYLOR 8173324741 P.82/04 FIELDING, BARRETT& TAYLOR, L.L.P. ATTORNEYS 3400 RANK011E1OWER son THROCKMIORION sir FORT WORTS.TEXAS 76102-3t21 TE P11 NE($17)372-2360 (100)316 3400 FAX(317)132-4740 E IZABE1H ELAM May 2, 1997 VIA FACSIMILE Mr. Curtis Hawk City of Southlake 1725 E. 1709 Southlake, Texas 76092 RE: The Creation of Justice Precincts and Election Precincts for the Purpose of Calling a Local Option Election Dear Curtis: This letter is in response to inquiries regarding the possibility of creating a justice precinct comprised solely of the City of Southlake for the purpose of conducting a local option election. The questions arose as a result of articles in the Star Telegram regarding the apparent ease with (IN, which the Demon County Commissioners purportedly acted to create the new justice precinct. The newspaper articles have been imprecise and contain incorrect inferences. I think what has actually occurred in Denton County is that the commissioners have created a new election pnr nct and will consider at a later date whether to create a justice precinct. I hope the following will clarify the process involved in creating justice precincts and election precincts. Both types of precincts are created by the county commissioner's court. The creation of justice precincts is governed by Article V, Section 18 of the Texas Constitution and Section 81,025 of the Local Government Code. Election precincts are authorized by Chapter 42 of the Election Code. Justice precincts are authorized and required by Article V, Section 18 of the Texas Constitution which states, in relevant part: Each county in the State with a population of 30,000 or more, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than four and not more than eight precincts .... A division or designation under this subsection shall be made by the commissioner's court provided for in this Constitution. In each such precinct, there shall be elected one Justice of the Peace and one Constable, each of whom shall hold his E kT07 L ' f' Y-02-1997 16:46 FIELDFIELDING,BARRET 8 TAYLOR 81(.s ss4741 P.0;3/04 Mr. Curtis Hawk May 2, 1997 L, Page 2 office for four years and until his successor shall be elected and qualified .... This provision of the Constitution is implemented by $81.021(a) of the Local Government Code which states in relevant part: A commissioner's court that orders a change in the boundaries of commissioners or justice precincts may specify in its order an effective date of the change that is not later than January 1 following the next general election. Theiefcne, a 's court has broad authority to create new justice precincts "for the convenience of the people". There are no time constraints imposed upon the commissioner's court regarding when new precincts may be created, or when the boundaries of existing precincts may be changed. However,a commissioner's court is limited by the Constitution to eight justice precincts per county. Tarrant County currently has eight justice precincts and the practicalities involved in creating a separate precinct for the City of Southlake are fairly significant. First, the commissioner's court would be required to place the rest of the territory encompassed by the current precinct in other existing adjacent precincts. This would entail creating new jurisdictions for Justices of the Peace and Constables currently elected to the affected justice precincts. Further, the commissioner's court may be required to establish a new justice court and appoint a new Justice of the Peace and Constable for Southlake's justice precinct. This is complicated by the fact that the term of office of a Justice of the Peace or Constable who holds (tir, office at the time a change in precinct boundaries becomes effective is not affected by the change, regardless of whether the change places the officer's residence outside the precinct for which the officer was elected. The officer is entitled to serve the remainder of the term to which the officer was elected. Additionally, even if the commissioner's court does create a new justice precinct so the City of Southlake may call a local option election, an election to permit the sale of any alcoholic beverage (except for beer) may not be held for eighteen months after the creation of the justice precinct. Section 251.002(a) of the Alcoholic Beverage Code states: A political subdivision must have been in existence for at least eighteen months before holding a local option election to legalize or prohibit the sale of liquor. The political subdivision must include substantially all the area encompassed by the subdivision at the time of its creation and may include any other areas subsequently legally annexed by or added to the political subdivision. • A justice precinct is a political subdivision and, therefore, governed by this section. In the Alcoholic Beverage Code, "liquor" means any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Therefore, it includes all alcoholic beverages except for beer. A. local option election held solely to prohibit or permit the sale of beer could be held before the expiration of the 18 month period. ry v eenSlairit L 0 • MAY-02-1997 16:47 FIELDING.BARRET 8 TAYLOR 8/73324741 P.04/04 Mr. Curds Hawk May 2, 1997 Page 3 The articles in theregarding the creation of the justice precinct in Denton County paper tI� ti stressed that the commissioners may only create "voter districts" in March or April of odd- numbered years. The newspaper was referring to the creation of election districts. Section 251.34 of the Alcoholic Beverage Code requires the use of regular county election precincts for local option elections, however, it may not be necessary to create new election precincts if a new justice precinct is creased for Southlake. If the boundaries for the new justice precinct are drawn along the lines of existing election precincts it would not be necessary to create new election precincts, or revise the boundaries of existing election precincts. Frther, the newspaper was not accurate in stating that election precincts may only be created in odd-numbered years. Election precincts are established by the commissioner's court and governed by Chapter 42 of the Election Code. Chapter 42 of the Election Code contains detailed requirements regarding the composition of election precincts. During March or April of each odd-numbered year, the commissioner's court shall determine whether each county election precinct empties with these detailed requirements. In March or April of even-numbered years, the county commissioner's court may review the precincts for compliance. In general, the commissioner's' court may create new precincts or order boundary changes in existing precincts only during March or April, however, there are many exceptions to this rule including a change necessary because the election precinct contains more than one justice precinct, commissioner's precinct, congressional district, state representative's district, state senatorial district, or state board of education district. If a new justice precinct were created for Southlake, there would be ample time to create election precincts (if necessary) during the eighteen month period required prior to the date a local option election would be permitted. Please call if I can provide further information or clarification. Sincerely, Bets EAE/cih 111111 e‘fillunalsisAlsiesslowLE07 TOTAL P.04 /11'4* City of Southlake,Texas STAFF REPORT May 2, 1997 CASE NO: ZA 97-019 PROJECT: First Reading/Ordinance No. 480-237 Rezoning and Concept Plan/Harrell Place STAFF CONTACT: Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743 Dennis Killough,Planner I,481-5581, ext. 787 REQUESTED ACTION: Rezoning of approximately 5.8438 acres situated in the J. G. Allen Survey, Abstract No. 18 and being Tract 1 C. LOCATION: On the south side of Johnson Road and on the southwest corner of the intersection of Johnson Road and Harrell Drive. OWNER/APPLICANT: Wayne Lee CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-30" Single Family Residential District LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Seventeen(17) RESPONSES: Five(5)responses were received within the 200' notification area: • Thomas Van Fleet, 407 N Pearson Lane, Keller, TX 76248-3742, undecided. "1. Alteration of water drainage. 2. Size of lots and proposed price range of homes." • Judith Wilson, 201 Harrell Drive, Southlake,opposed. "Restrictions should be in keeping with our neighborhood minmum one acre lot and 3,000 square feet home. You have forced a water tank on one side of our homes,to lower the value and now you want us to agree to cheap houses on small lots on the other side. Well I just lost my pride of living in Southlake. Why did I waste my money!" • Jerry O'Dell, 425 North Pearson Lane, Keller, Texas 76248-3742, opposed. "Bought here in order to have horse, cattle, chickens, etc. If acreage is to congested (re there will eventually be complaints from new City of Southlake,Texas owners." • John W. Oldham, 3165 Johnson Road, Southlake, in favor. • Larry and Karen Carpenter, 3225 Johnson Rd.., Southlake, opposed. "We bought our home because of the acreage in the area and the country atmosphere and view. Having houses along this land will inhibit our view, the atmosphere of country, the ability to have farm animals, and add to traffic congestion problem at the school along Johnson Road." One response was received outside the 200' notification area: • Debra McMenamy, PTA President - Florence Elmentary. Resident states concerns regarding an in increase school related traffic. P&Z ACTION: March 20, 1997; Approved (7-0) Applicant's request to table to the April 17, 1997 Planning &Zoning Commission meeting. April 17, 1997; Denied(4-1). STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary No. 1 dated March 14, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2 dated April 11, 1997. Please note that no revised submittal was received after discussion at Planning &Zoning meeting on April 17, 1997. Due to the Commission's recommendation to deny, a super- majority vote (6 of 7) of the City Council will be required to approve this request. 8C- v C April 17,1997 To Whom It May Concern: As a parent and PTA President of Florence Elementary, I am concerned about the zoning of nine lots for homes opposite the school. Traffic is already a tremendous problem in the mornings and afternoons and with nine driveways entering onto Harrell Drive, delivery and pick-up of students will become even more difficult. Please consider these issues as you make your decision. ce Sincerely, jtae6 /// Debra McMenamy REC'D APR 17 1997 Qas cf• 8C _. -- 6A1 ,AIA 1• r Q ' ` J 1 lA1A ._'-I-_ i .i- �IP1`dEJBY! i ~` . ! ! T'T_ _- 6B1A 6.6BIAii , — __.� --} TI Ii1.�4-t/ 866B 1 1M1A1A 1A1A1 1A1AIAMA2A 2` Al2E3A --jr I _ _ i i I• - i •6 6AI 1 ' �. ,1, t i ' ! 1 I .._ ■r. ._�(•ps�7yY� i ! 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TR.1G c TR.1F 7.887 AC : 6 A. %tee.1. tit TR.1616 ai • 2 Ac • r• J.O'DELL 010 II AG TR.1B1B1 1 - KELLER ISO IRI cn . 2 Ac' . • -C.CALAME ! - • III TR.1 B1 B2 • III 1 Ac . T.VAN FLEET/ - II ' • T AG � 11 ,� x i i - . TR.181 C .• • s- . g II 2 Ac B. POULIN , t.. .• AG �t TR.1B1A. j. • 2 Ac J.WHITE ; .'• ,t p • • f NI II1 2 1 3 4 1.. 0 . fite R. OSBONE F.GAUTREAUX A.WILSON - GRAY LANE C. r. � 1 I � I . City of Southlake,Texas • CONCEPT PLAN REVIEW SUMMARY Case No:14k 97-019 Review No:Two Date of Review: 4/11/97 Project Name:Co/wept Plan for3F-30 Zoning Request-Lots 1-8,Block 1,Harrell Place being 5.8438 acres located ii the J.G.Alley Survey,Abstract No. 1$ APPLICANT: ENGINEER: Wayne Lee LandCon.Inc. / 3220 W. Southlake$oulevard 2501 Parkview Dr., Suite 610 $outhlake jexas 70 Ft. Worth.Texas 76102-5803 Phone:(817)421-4040 Phone:(817)335-5065 Fax:(817)638-5252 Fax:(817)335-5067 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/07/97 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 C • I TION PLEASE CONTACT DENNIS KILLOUGH AT 81 481-5581 EXT.787. 4, • }- 1'h Six `5U 4 .4 �.R V�'';r >. }"� h �' ;:c :;>:y::;t ,�t^��9`• �.�3, :.. far ' :� �...:Y�:�s'' ....+`�€'Grc� .{. ..? .iR.a. `�a"��Y��:�'.r'>L•c uGF»� '>':>:2'N ��'t?f�,`'� • 1. The following changes are needed in reference to adjacent tracts within 200': A. Provide the land use designation(L.U.D.)according to the approved City Land Use Plan for each property. B. Label the Zoning for the John Oldham tract(AG). * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 4/21/97. 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 applicant should be aware that any structure placed on Lot 1,Block 1 must face Johnson Road. * Denotes Informational Comment cc: Wayne Lee LandCon,Inc. L:\WP-FILES\REV\97\97019CP2.WPl D. Zil l'- . ,.•,,, - il i i ``t / i,ii1 JIfli ifif rn rit *I ali g • cz, .:1 5 el - it h 0..tr i'4 lib g 8 1 y lihl Tvi . ill T -` , ..�.` a i, -X- 1 15, g 1111,11 ,...r ' ."..: 1' 1 1 i i 4 -I II N 4 . , inn, f r 4 .it 1 1 I ' 111 . fI I . II II rf --- - I t war.I _ Ii .�... ._.. I 1 = 1�L -�I, 1, . I -rd ;d �—, I I ad I 1 a 1 a .iI J - a ' .ter .�, or.413 I Ili!! I- I i , (— P 4 1. 11 liritIs ..t ,:__ _ _ ;- �� `i�- a�.� I ., is __ --� " /-- rw - _ I„ —=..."1/11 ,1:-.. '1"4"zr's'i _j ...-- tr ; i: 1 ii7TfT ` ;R i 1 I 1 • I : 1 j, I r i 41;i tit1 Iit1i!! C I 1 I !;' 1 1 1 1 g4 1 _ I---- I '; i4 ._.__L_J__L__i ,,,.:„.....„,.... I 111 cis i 1."--1 Joe. 1."-UF:«46..1 --'w—2,—"":11: 1 L661 St:IC:ST f0 .s0tl Sul Tda3u03\000\01196\road-96.'9 C CITY OF SOUTHLAKE, TEXAS iie, ORDINANCE NO4480 237 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 5,8438 ACRES SITUATED IN THE JiG ALLENSURVEY,ABSTRACT NO'81,BEINTR.ACT IC,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT .... ........................ "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" SINGLE-FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 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; (libre PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZONING: 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\CASES\480-237.WPD Cr S Page 1 J`�J producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake, Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No.480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 5.8438 acre tract of land situated in the J.G. Allen Survey,Abstract No. 81, being Tract 1 C, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-30" Single Family Residential District, as depicted on the approved Concept Plan attached L:\CTYDOCS\ORD\CAS ES\480-237.WPD Page2 C 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. (ime 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 L:\CTYDOCS\ORD\CASES\480-237.wPD Page 3 6 C - t • 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. Cie MAYOR L L:\CTYDOCS\ORD\CASES\480-237.WPD Page 4 gc- it (re ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L C L:\CTYDOCS\ORD\CASES\480-237.WPD Page 5 8 C /2 CP' EXHIBIT "A" COMMENCING at a 1/2" iron rod found being the southwest corner of Lot 1. Block 2, Vista Trails Addition according to the plat recorded in Volume 388-95, Poge 3, Plat Records of Tarrant County, Texas, said iron rod being the intersection of the existing north right—of—way line of Johnson Road and the existing east right—of—way line of Cimmoron Trail: Thence, North 89 degrees 41 minutes 54 seconds West, along the existing north right—of—way line of said Johnson Road, 127.33 feet to a point; Thence, South 00 degrees 18 minutes 06 seconds West, 65.85 feet to the Point of Beginning; BEGINNING at a 1/2" iron rod set being the northeast corner of a one acre tract of land conveyed to John Woyne Oldham according to said deed recorded in Volume 11355. Page 217, D.R.T.C.T., said tract described as Tract I, said iron rod also being in the existing south right—of—way line of Johnson Road (County Road 4091); THENCE, South 89 degrees 59 minutes 53 seconds East, along the existing south right— of—way line of said Johnson Road, 113.91 feet to a 3/4' iron rod found for corner, said iron rod also being in the existing west right—of—way line of Harrell Drive according to the deed recorded in Volume 10957, Page 1767, D.R.T.C.T.; THENCE, South 00 degrees 00 minutes 00 seconds East, along the west right—of—way line of said Harrell Drive, 1289.32 feet to a 1" iron rod found for corner; THENCE, South 89 degrees 36 minutes 24 seconds West, along the north line of Lot 4, Block 1, Cimmarron Acres according to the deed recorded in Volume 388-181, Page 8, Plot Records of Tarrant County. Texas, 228.35 feet to a 1" iron rod found for corner; THENCE. North 00 degrees 00 minutes 18 seconds West, along the east line of tracts of land conveyed to James R. White according to the deed recorded in Volume 7254, Page 1282, D.R.T.C.T., Bertram Poulin according to the deed recorded in Volume 6180, Page 432, D.R.T.C.T., Thomas Van Fleet according to the deed recorded in Volume 12091, Page 1675, D.R.T.C.T., and Cullen F. Calame according to the deed recorded in Volume 11741, Page 1398, 529.16 feet to a 3/4" iron rod found for corner; THENCE, North 00 degrees 00 minutes 31 seconds East, along the east line of a tract of land conveyed to Jerry Woyne O'Dell according to the deed recorded in Volume 8886, Page 829, 131.63 feet to a 3/4" iron rod found for corner; THENCE, North 00 degrees 01 minutes 37 seconds West, along the east line of Lot 1, Pearson Lone Addition according to the plot recorded in Volume 388-170, Page 22, P.R.T.C.T., 100.01 feet to . 3/4" iron rod found for corner; THENCE, North 00 degrees 01 minutes 56 seconds Eost, along the east line of Lot 2. of said Pearson Lone Addition, 99.91 feet to a 3/4" iron rod for corner; THENCE, North 00 degrees 02 minutes 25 seconds West, along the east line of Lot 7, of said Pearson Lone Addition, 80.18 feet to a 1/2" iron rod set for corner, said iron rod also being the southwest corner of said Oldham tract (Tract I); THENCE, North 89 degrees 59 minutes 09 seconds East, along the south line said Oldham tract (Tract I), 114.60 feet to a '/2" iron rod set for corner; THENCE, North 00 degrees 00 minutes 51 seconds West, along the east line of said Oldham tract (Tract I), 349.97 feet to the POINT OF BEGINNING. The tract of land herein described contains 5.8438 acres of land. (me L:\CTYDOCS\ORD\CASES\480-237.WPD 8 C ( 3 Page 6 c � ��( t, N 1 � It N , its'. H N '{ ' ' , Jo EXHIBIT B N. a -n a { purr e :/ 21 Z 1s' 11 � {ill li 1� 1 0 c r • 10i cr _4!. 11 ill ssii op 4.4I a.,i I lio 1 11 �0 I�!h I t MI�'1 la ill r rl 11, 401 i 1 i/1 I I 1 1 ' I I 1i (--. 11 _ T I lo .. .� w, I1 ----gl -I r- —T=s T-sr—1--g —11 , 11 !,; - 1 .+ !iL 1 9 . 1 !L s uu.• ,s� w I J J J1== I I. 1 ,d I do 1 sip 1 7M]{'ta�• - , 1----L, ... 4 h11131fig.ii 411. "''" ! if YMM.Mail 1 E 44. L r., ( IL - -Ji1 1.. 1 I A \' I 1 li- i, — _ T.r• i I{�,�;, _ 1 _az= 1 i III ___________I Al slA dvddilli I .y � .. ,O_U i1 Y.Y i 5I- ,,,,O OV, ..«F ---1 -,t I i rg,---- i $ — -T—T—; I Ia , i- 1 ,. r srs I I • • is �.y �'� �Fi I: I Ii I` 1 I�► 1 L ( I LIB `V. te, r sly 1 sl 11. I � i 1 _ ; - , --. T I w wii_ 14 i..L i ;1� , n sm L:\CTYDOCS\ORD\CASES\480-237.WPD C661 SZ:1E:51 E0 Jdy Sul 1da3uo3\9N0\01196\f'OHd-96'•.'9 Page 7 SC- ) 4 rE t_ _d N Yoe a CD OD � ~ U oo� 5a: 10.0' UTIL. ESMT.— LOT 1, BLOCK 2 VISTA TRAILS ADDITION VOL. 388-95, PG. 3 P.R.T.C.T. POINT OF COMMENCING I CIMMARON TR.1 PUBLIC R-O-W z « r� ao zz X Y Ln 5.00 i Kl'06 k. L o, es KiS' CO i ~ Q ^< 0 o: �>>n Z 10.0' UTIL. ESMT_ 0 M 0 o (a og U N 0 N �o �a D� Y " 'AG' 1-; ZONING CITY OF SOUTHLAKE CITY OF KELLER Copy► M ® 1997 LandCon. inc. O +--i-swww +-� t t vumw+- +-�-+ 1�►-r-il�tt t l-�1-1-�-� �� *-�i-�-M 1 Y - 1 t i J• p,C1 i _ I ICSW W ZONING I� FLORENCE ELEMENTARY SCHOOL Io KELLER ISD VOL.. 5641. PG. 501 i t D.R.T.C.T. I LOT 6 f W Al I PEARSON LANE ADDITION ~' V. 388-170, P. 22 P.R.T.C.T. F I �' p c� a z � I z za j' Q� QQ I �QQ C, �o 6 _ z H W a J W a P- LOT 5 *5�1A' O j j o woo 'D 0Q PEARSON LANE ADDITION ZONING r` V. 388-170, P. 22 P.R.T.C.T. p t I z t �(A �p� 0 M � M � a> i 0a> I LOT 4 I •AOr PEARSON LANE ADDITION (� V. 388-170, P. 22 P.R.T.C.T. ( ZONING I I I I T I I "AG* p G* LOT 3 I i'� PEARSON LANE ADDITION ZONING;, V. 388-170, P. 22 P.R.T.C.T. I i L PEARSON LANE PUBLIC R-O—W GRAPHIC SCALE: 1 n IN = 100 FT " too 0 100 Zoo LOCATION MAP FLOADICE F& CRY OF KG_M MYOF SUBJECT PROPERTY .+ mom no. 3 FM 70 UMN 00AICM WY OF NVOL M CRY OF 911111M LAND USE DATA: GROSS LAND AREA -- 5.8438 ACRES NET LAND AREA -- 5.7468 ACRES EXISTING LAND USE -- AGRICULTURAL PROPOSED LAID USE -- SF30 LOW DENSITY RESIDENTIAL TOTAL NUMBER OF LOTS — 8 ESTIMATED POPULATION -- 28 MINIMUM LOT SIZE -- 30,001 SQUARE FEET DENSITY -- 1.37 LOTS/ACRE EXISTING ZONING "AG" PROPOSED ZONING 'SF30' 'SF1A' ZONING V V a a o m ra Wa Lj,., D: Y < OD V 00 �zi 0zi m&Co � iD�� F J J jC) pip HARRELL DRIVE PUBUC R-O-W i I _ �R LOT 4, BLOCK 1 CIMMARPON--ACRES VOL. 388-181, M, 8 N P..R:T.0 T. 3t NOTE: I 'SF1�►, ALL EXISTING FENCES AND STRUCTURES ARE TO BE REMOVED FROM THE SITE. W LOT 3, BLOCK 1 I t CIMMARRON ACRES VOL. 388-181, PG. 8 aNp I P.R.T.C.T, i� i LtJ 3 3t (L7 g o �NH O' � r` U W �- ►- I Q a: o W i 00. J I i LOT 2, BLOCK 1 Jd I CIMMARRON ACRES VOL 388-181, PG 8 Z i P R.T.C.T. �I o I of �I —T' i I I LOT 1, BLOCK 1 I CIMMARRON ACRES VOL. 388-181, PG. 8 P.R.T.C.T. 35.0' DRAIN. do UTIL. ESMT. CITY OF SOUTHLAKE CITY OF KELLER DESCRIPTION OF PROPERTY BEING a 5.8438 acre tract of land in the J.G. ALLEN SURVEY, ABSTRACT NUMBER 18, Tarrant County, Texas and being ON of that certaln tract of land conwysd to John Wayne Oldham according to the deed recorded in Volume 11355, Page 217. Deed Records of Tarrant County, Texas, said tract in deed described as Tract 11. a CONad 6 acts tract and being more particuiarty described as follows: COMMENCING at a 1 /2' iron rod found being the southwest corner of Lot 1. Block 2, Vista Trails Addition according to the plot recorded in Volume 388-45, Page 3, Plot Records of Tarrant County. Texas. sold iron rod being the intersection of the existing north right-of-way line of Johnson Road and the existing east right -of -May One of Cimmlaron Trail; Thence, North 89 degrees 41 minutes 54 seconds West, oiong the existing north right-of-way line of said Johnson Road, 127.33 feet to a point; 'thence. South 00 degrees 18 minutes 06 seconds Wqt, 65.95 feet to the Point of Beginning; BEGINNING at a i /2' iron rod set being the northeast corner of a one We tract of land conveyed to John Wayne Oldham according to said deed recorded in Volume 11335, Page 217, D.R.T.C.T., said tract described as Tract I. said iron rod also being in the existing south right-of-way fine of Johnson Road (County Road 4091); THENCE, South 89 degrees 59 minutes 53 seconds East, along the existing south right- of-way line of sold Johnson Road, 113.91 feet to a 3/4' iron rod found for corner, said iron rod also being in the existing west right-of-way line of Harrell Drive according to the deed recorded in Volume 10957, Pogo 1767, D.R.T.C.T.; THENCE, South 00 degrees 00 minutes 00 seconds East, along the west right-of-way line of said Harrell Drive, 1289.32 feet to a 1' iron rod found for corner; THENCE, South 89 degrees 36 minutes 24 seconds West, along the north One of Lot 4, Block 1, Cimmarron Acres according to the deed recorded in Vokrne 388-181, Page 8, Plat Records of Tarrant County, Texas, 228.35 feet to a 1' iron rod found for comer; THENCE, North 00 degrees 00 minutes 18 seconds West, along the east One of tracts of land conveyed to James R. White according to the deed recorded in Volume 7254, Page 1282, D.R.T.C.T., Bertram Poulin according to the deed recorded in Volume 6180, Page 432, D.R.T.C.T., Thomas Van Fleet according to the deed recorded in Volume 12091, Pogo 1675, D.R.T.C.T., and Cullen F. Calome according to the deed recorded In Volume 11741, Page 1398, 529.16 feet to a 3/4' iron rod found for corner, THENCE, North 00 degrees 00 minutes 31 seconds East along the east line of a tract of land conveyed to Jerry Wayne O'Dell according to the deed recorded In Volume S886, Page 829, 131.63 feet to a 3/4' iron rod found for comer, THENCE, North 00 degrees 01 minutes 37 seconds West, a" the east line of Lot 1, Pearson Lane Addition according to the plot recorded in Volumo 388-170, Page 22, P.R.T.C.T., 100.01 feet to a 3/4' iron rod found for corner; THENCE. North 00 degrees 01 minutes 56 seconds East, of" the east tine of Lot 2, of said Pearson Lane Addition, 99.91 feet to a 3/4" iron rod for comer; THENCE, North 00 degrees 02 minutes 25 seconds West, along the east line of Lot 7, of said Pearson Lane Addition, 80.18 feet to a 1 /2" iron rod set for comer, said iron rod also being the southwest corner of said Oldhom tract (Tract 1); THENCE, North 89 degrees 59 minutes 09 seconds East along the south line said Oldham tract (Tract 1). 114.60 feet to a 1 /2' iron rod set for comer; THENCE, North 00 degrees 00 minutes 51 seconds West, along the east line of said Oldham tract (Tract 1), 349.97 feet to the POINT OF BEGINNING. The tract of land herein described conboins 5.8438 acres of land. NOTES: 1. A DENOTES MONUMENTS USED FOR BASIS OF BEARING. BASIS OF BEARING IS THE EAST LINE OF THE JOHN WAYNE OLDHAM TRACT (TRACT NO. II) ACCORDING TO THE DEED RECORDED IN VOLUME 7179, PAGE 724, D.R.T.C.T. BEARING "NORTH" CONCEPT PLAN LOTS 1-8, BLOCK 1, HARRELL PLACE BEING 5.8438 ACRES OF LAND IN THE J.G. ALLEN SURVEY, ABSTRACT NUMBER 18 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS A LOTS PREPARED FEBRUARY 20, 1997 LandCon Inc. OWNER/DEVELOPER: Eris - &xveyor8 t. Plarmr8 WAYNE LEE 2301 Par vMw Or, adq 4a>a, Fat Wcl V Tom 7=2-5908 3220 W. SOUTHLAKE BLVD. PA Boar 100M. Fort WO III Tom 7886-0247 � SOUTHLAKE, TEXAS 76092 (817) 3*-BM FAX (SM 335-M7 (817) 421-4040 a (817) 638-5252 FAX VOLUME PAGE 0Q4, D.R.T.C.T. CASE NO. ZA97-�01.9 W t' ;p 1• 0 0j (16 L6 0 n a L zM _0 N Y n. a J � � m � ~ U 0 _5 a: 10.0' UTIL. ESMT. LOT 1, BLOCK 2 VISTA TRAILS ADDITION VOL. 388-95, PG. 3 P.R.T.C.T. POINT OF COMMENCING i TCIMMARON TR.1 PUBLIC R-O-W r- z !. ;j vd' C) � n zz ' m S.Oa' 18'08' W ) rn es ss• im ~ Q o N �> > Z 10.0' UTIL. ESMT. O M O og� U a C a Q N 0 N 0 Ja D& Y " 'AG' H 0 ZOPNNG CiTY OF SOUTHLAKE CITY OF K£LLER Copyright ® 1997 LondCon. inc. TO t I N e 1� I ,3 PkL�p C1 i _ I CS i W ZONING I� FLORENCE ELEMENTARY SCHOOIo KELLER ISD VOL. 5641. PG. 501 1 D.R.T.C.T. I i ao LOT 6 ,_ f I ►_ o r> PEARSON LANE ADDITION V. 388-170, P. 22 P.R.T.C.T. 0 1 � I zW a tr p_ Q a, Z, pp I It=p o 4N WI QNaOU z~ /� W a. J W a D t- w ►: LOT 5 *S�1A' 0 j j 0 W> o � O Q PEARSON LANE ADDITION ZONING • . V. 388-170, P. 22 P.R.T.C.T. z � I z T � I � 0 oaf I co oa> I LOT 4 I •AO• PEARSON LANE ADDITION (� V. 388-170, P. 22 P.R.T.C.T. ( ZONING _ I I I I _ I I %AG% LOT 3 PEARSON LANE ADDITION I ZONING V. 388-170, P. 22 P.R.T.C.T. I i L PEARSON LANE PUBLIC R-O-W GRAPHIC SCALE: 1 IN = 100 FT goo 0 /oo zoo LOCATION MAP FLOFAM I & CrtY OF !(MM GTY OF 10V%%.A E SUBJECT PROPERTY . mom M. FM 70 UMb11 C 0AW CiiY OF loamaAM OW OF iauae Oir 1. J -> LAND USE DATA: GROSS LAND AREA -- 5-8438 ACRES NET LAND AREA -- 5.7468 ACRES EXISTING LAND USE -- AGRICULTURAL PROPOSED LAND USE -- SF30 LOW DENSITY RESIDENTIAL TOTAL NUMBER OF LOTS - 8 ESTIMATED POPULATION -- 28 MINIMUM LOT SIZE -- 30,001 SQUARE FEET DENSITY -- 1.37 LOTS/ACRE EXISTING ZONING "AG" PROPOSED ZONING 'SF30' 'SF1A' ZONING V V a a C m rya ,.,Wa Y OD zi �mo D: 00 0zi m M 00 m N � M 0 J OV? J pip - L - HARRELL DRIVE PUBUC R-O-W I I I LOT 4. BLOCK 1 t�1 CIM MAROON- -ACRES • �? VOL. 388-181, M: 8 N P..R:T.0 T. {T 3t I I riT 1" - 'SF1�1' NOTE: ALL EXISTING FENCES AND STRUCTURES I iZot�m ARE TO BE REMOVED FROM THE SITE. W LOT 3, BLOCK 1 I Fj CIMMARRON ACRES VOL. 388-181, PG. 8 CO I � P.R.T.C.T, i� go � n U W ►- ►- I Q 00. J I i LOT 2. BLOCK 1 J I CIMMARRON ACRES VOL 388-181, PG 8 Z i P R.T.C.T. �I of of ui >7 ( —T' i I I LOT 1, BLOCK 1 CIMMARRON ACRES VOL. 388-181, PG. 8 P.R.T.C.T. 35.0' DRAIN. do UTIL. ESMT. CITY OF SOUTHLAKE CITY OF KELLER DESCRIPTION OF PROPERTY BEING a 5.8438 acre tract of land in the J.G. ALLEN SURVEY, ABSTRACT NUMBER 18, Tarrant County, Texas and being all of that certain trail of land conveyed to John Wayne Oldham according to the deed recorded in Volume 11355, Page 217. Deod Records of Tarrant County, Texas, said tract in deed described as Tract 11. a calved 6 acre tract and being more particularly described as follows: COMMENCING at a 1 /2' iron rod found being the southwest comer of Lot 1. Block ' 2, Vista Trait Addition according to the plot recorded in Volume 38id-95, Page 3, Plat Records of Tarrant County. Texas. sold iron rod being the Interjection of the existing north right-of-way line of Johnson Road and the existing Bost right-of-way line of Cimmaron Trail; Thence, North 89 degrees 41 minutes 54 seconds West, along the existing north right-of-way line of said Johnson Road, 127.33 feet to a point; Thence. South 00 degrees 18 minutes 06 seconds West, 65.95 feet to the Point of 8egi "; BEGINNING at a i /2' iron rod set being the northeast corner of a one acre tract of land conveyed to John Wayne Oldham according to said deed recorded in Volume 11355, Page 217, D.R.T.C.T., said tract described as Tract i. said iron rod also being in the existing south right-of-way lime of Johnson Rood (County Rood 4091); THENCE, South 89 degrees 59 minutes 53 seconds East, along the existing south right- of-way line of sold Johnson Road, 113.91 feet to a 3/4" iron rod found for corner, said iron rod also being in the existing west right-of-way line of Harrell Drive according to the deed recorded in Volume 10957, Pogo 1787, D.R.T.C.T.; THENCE, South 00 degrees 00 minutes 00 seconds East, along the west right-of-way line of said Harrell Drive, 1289.32 feet to a 1' iron rod found for corner; THENCE, South 89 degrees 38 minutes 24 seconds West, along the north line of Lot 4, Block 1, Cimmamon Acres according to the deed recorded in Vokrne 388-181, Page 8, Plat Records of Tarrant County, Texas, 228.35 feet to a 1' iron rod found for corner, THENCE, North 00 degrees 00 minutes 18 seconds West, long the east One of tracts of land conveyed to James R. White according to the deed recorded in Volume 7254, Page 1282, D.R.T.C.T., Bertram Poulin according to the deed recorded in Volume 6180, Page 432, D.R.T.C.T., Thomas Van Fleet according to the deed recorded in Volume 12091. Pogo 1675, D.R.T.C.T., and Cullen F. Colome according to the deed recorded in Volume 11741, Page 1398, 529.16 feet to a 3/4' iron rod found for corner; THENCE, North 00 degrees 00 minutes 31 seconds East along the east line of a tract of land conveyed to Jerry Wayne O'Dell according to the deed recorded In Volume SM. Page 829. 131.63 feet to a 3/4' iron rod found for comer, THENCE, North 00 degrees 01 minutes 37 seconds West, a" the east line of Lot 1, Pearson Lane Addition according to the plot recorded in Volume 388-170, Page 22, P.R.T.C.T., 100.01 feet to a 3/4" iron rod found for corner; THENCE, North 00 degrees 01 minutes 56 seconds East, akx►g the east tine of Lot 2, of said Pearson Lane Addition, 99.91 feet to a 3/4" iron rod for comer; THENCE, North 00 degrees 02 minutes 25 seconds West, along the east line of Lot 7, of said Pearson Lane Addition, 80.18 feet to a 1 /2" iron rod set for corner, said iron rod also being the southwest corner of said Oldham tract (Tract 1); THENCE, North 89 degrees 59 minutes 09 seconds East along the south line said Oldham tract (Tract 1). 114.60 feet to a 1 /2" iron rod set for comer; THENCE, North 00 degrees 00 minutes 51 seconds West, along the east line of said Oldham tract (Tract 1). 349.97 feet to the POINT OF BEGINNING. The tract of land herein described contains 5AMW acres of bred. NOTES: 1. A DENOTES MONUMENTS USED FOR BASIS OF BEARING. BASIS OF BEARING IS THE EAST LINE OF THE JOHN WAYNE OLDHAM TRACT (TRACT NO. II) ACCORDING TO THE DEED RECORDED IN VOLUME 7179, PAGE 724, D.R.T.C.T. BEARING "NORTH" CONCEPT PLAN LOTS 1-8, BLOCK 1, HARRELL PLACE BEING 5.8438 ACRES OF LAND IN THE J.G. ALLEN SURVEY, ABSTRACT NUMBER 18 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 6 LOTS PREPARED FEBRUARY 20, 1997 n LandCon Inc. h OWNER/DEVELOPER: Et -0r* '8 * S'VGyor8 t. PIarmr8 WAYNE LEE 25M Pa tvft r Or, 8uft 41Q Fat Woo V Tiles, 7=2-SW 3220 W. SOUTHLAKE BLVD. PA Boa 100247. Fort W= v Tom 7ep6-6247 � SOUTHLAKE, TEXAS 76092 (80) 3-50M FAX (SM 335-MV (817) 421-4040 (817) 638-5252 FAX VOLUME / Z f PAGE OQ?A, D.R.T.C.T. CASE NO. ZA97-;-01.9 W