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1997-01-27 CC Packet City of Southlake,Texas
MEMORANDUM
January 17, 1997
TO: Honorable Mayor and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting
January 21, 1997
1. Agenda Item No. 4B. City Manager's Report. The monthly financial report is included
in your packet. If you have any questions, please feel free to contact Finance Director Lou
Ann Heath at ext. 716.
2. Agenda Item No. 5A. Authorize the Mayor to Execute an Interlocal Agreement between
Tarrant County and the City of Southlake for purchasing various commodities. As noted
in the memo from Bob Whitehead, Director of Public Works, this interlocal agreement
• simply allows us the opportunity to take advantage of Tarrant County's buying power for
the purchase of various bulk commodities. We do not currently have an agreement with
Tarrant County, but entering into one will provide many advantages and no disadvantages.
We are under no obligation to purchase anything through Tarrant County, but the
agreement provides us the mechanism to do so if we wish to.
3. Agenda Item No. 5B. Request for extension to the expiration date of Meadow Ridge
Estates Plat in ZA 95-120. The developer of this addition has requested that the validity
of their final plat be extended for a six (6) month period. Staff does not have a problem
with granting this request. This request is being processed as a variance because the plat
will have expired by the time Council considers the request. Feel free to contact Dennis
Killough if you have any questions.
4. Agenda Item No. 5C. Authorize the Mayor to execute Change Order #2_with Barson
Utilities Water System Improvements - 1996 for an additional 8" water line along North
White Chapel Boulevard from E. Bob Jones Road north for a distance of 888 linear feet.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 2
The memo in your packet explains the proposed change order in detail, noting that there
are several compelling reasons to extend this water line, including the construction of a
new home which will require water service, improved fire protection, and further
movement towards meeting our annexation obligations, etc. The amount of the change
order is $25,916.20.
5. Agenda Item No. 5D. Award of bid for a backhoe loader for Water t'lities to F�t��re
Equipment Company - This item came in under budget, even with the five year warranty
option. Staff recommends awarding this bid to Future Equipment Company for $54,251
plus the five year warranty at $3,330 for a total of$57,581.
• 6. Agenda Item Nos. 5E, 5F, and 5G. Facilities Utilization Agreements with Youth Sports
Associations These are one-year agreements that are reviewed and approved by City
Council and the Southlake Baseball Association, Southlake Girl's Softball Association, and
the Grapevine/Southlake Soccer Association. These agreements are extremely helpful in
outlining the parameters under which we work with these groups, and foster a cooperative
environment and working relationship between the city and these groups, which heavily
use our park facilities. Note that the Park Board has not yet acted upon these agreements
due to the weather-related postponement of their regular monthly meeting. They will meet
on Monday, January 20 and will forward a recommendation to the City Council at that
time. However, we anticipate that there will be no problems. Special thanks to Gary
Beyer, Park Board Member, for his assistance in negotiating these agreements.
7. Agenda Item No. 5H. Resolution No.97-05, a resolution adopting the City of Southlake
Flexible Employee Benefit Plan, Dependent Care Assistance Plan, and Medical Care
Reimbursement Plan. You will recall approving this benefit for city employees during
• your November 26, 1996 meeting. Since that approval Lauren Safranek, Human
Resources Administrator, has been working with FlexCorp and our attorneys to finalize
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 3
plan documents. It has been a time consuming process, and as a result, plan documents
were not ready for your examination prior to the effective date of January 1, 1997. We
do not anticipate that this will cause any problems with the program. Please feel free to
call Lauren at extension 836 if you have questions about the program or the documents.
8. Agenda Item No. 5I. Resolution No. 97-0 _approving and authorizing publication of
notice of intention to issue certificates of obligation. This resolution will initiate the
process for the City to issue certificates of obligation for capital projects approved in the
FY 1996-97 budget. The resolution will specify $9.76 million in certificates of obligation
for water, sewer, street and drainage improvements, land purchase for water tanks,
equipment (including computers, trucks, vehicles, mowers, public safety and public works
• equipment), and improvements to existing municipal buildings.
This resolution sets the maximum C.O. amount which City Council can issue ($9.76
million), but City Council can decide to issue less after all is said and done. This
resolution only authorizes the publication of the notice of intent, not the actual issuance of
C.O.s. The issuance will be done at a subsequent step.
The resolution, if approved, requires that the City publish a notice of intent to issue
certificates of obligation on January 23 and January 30, 1997. The first reading of the
ordinance to approve the certificates is set for February 4, and second reading on February
18. Ratings presentations are set for mid-February, and are to be made here, rather than
in New York. Also on February 18, the bids received on the bonds will be reviewed and
the low bid awarded. This schedule will allow the city to receive funds on approximately
March 18, after the Texas Attorney General review. If you have any further questions,
• please feel free to call Finance Director Lou Ann Heath.
,
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
S
January 17, 1997
Page 4
9. Agenda Item No. 5J. Approval of James Bryan Corbin as a Firefighter Reserve Officer.
Ordinance No. 554 establishes the fire reserve force and provides requirements for
membership in it. As noted in Director Campbell's memo, Mr. Corbin possesses skills
which would be beneficial to the Fire Services Division, and he recommends his
appointment.
10. Agenda Item No. 7A. 2nd Reading Ordinance No. 480-219, ZA 96-124, Rezoning and
Concept Plan for Crestwood Office Park. There have been no changes in the submittal
since Council approval of the first reading 5-2. Feel free to contact Greg Last or Dennis
Killough if you have any questions regarding this application.
•
S 11. Agenda Item No. 7B, 2nd Reading, Ordinance No. 668, street name change from
Ravenaux Drive to Countryside Court. There have been no changes in this request since
Council approval of the first reading. Feel free to contact Tom Elgin if you have any
questions.
12. Agenda Item No. 7C, Public Hearing, authorization for staff to submit 1997 Tarrant
County Community Development Block Grant (CDBG). The staff-recommended project
for this year's grant application is storm drainage improvements to facilitate drainage
within the Sutton Place Addition. Topographical surveying and engineering studies have
indicated the need for drainage improvements beyond those planned in the 1995 "Timing
of Improvements." Staff will provide updated estimates and anticipated timing of
improvements at the meeting.
A meeting for the neighborhoods of Oak Hills Mobile Estates and Sutton Place was held
January 14 at the Community Center. The purpose of the meeting was to provide anSon
update on the CDBG program improvements approved for those neighborhoods and to
PP g
present staff's recommendation for this year's project submittal. Those in attendance
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
S
January 17, 1997
Page 5
agreed with staff's recommendation to submit storm water drainage improvements for the
Sutton Place addition.
Tarrant County's January 31 project submittal date is earlier than previous years' submittal
dates. Due to time constraints at the last City Council meeting, the staff recommendation
was not considered; therefore, this agenda item includes both the staff project
recommendation and authorization for staff to submit the CDBG grant application. Please
feel free to contact Tom Elgin if you have questions on the Tarrant County CDBG
program.
13. Agenda Item No. 7D, Resolution No. 96-51, ZA 96-71, Specific Use Permit for outside
• storage from Great Outdoor Landscape. There have been no changes in this submittal
since it appeared before Council on December 3 at which time the Council remanded the
request back to the Planning and Zoning Commission. The Commission recommended
denial 6-0 being concerned that this approval might lead to further requests for outside
storage in this area. Feel free to contact Dennis Killough if you have any questions.
14. Agenda Item No. 7E, ZA 96-147, Site Plan of Timarron Neighborhood Center Number
2, northwest corner of the intersection of Byron Nelson Parkway and the proposed Inwood
Dr... There is some opposition to this request from the Dominion subdivision to the west
of this request. This center has been a part of Timarron's concept from the first submittal
of their zoning request. The Planning and Zoning Commission recommended approval 5-
0-1 with modifications to the staff review summary as noted in the comments at the end
of the staff report. Feel free to contact Dennis Killough if you have any review summary
questions or Karen Gandy if you have any historical questions regarding this request.
111 15. Agenda Item No. 8A. 1st Reading, Ordinance No. 480-225, ZA 96-L5
g Q, Rezonin g_and
,Site Plan for the Children's Courtyard. The Planning and Zoning Commission
,
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 6
recommended denial (7-0) of this request because they felt that the use was too intense for
this site. They recommended a less intensive office use at this location. A supermajority
vote of the Council will be required to overturn the Commission's recommendation to
deny. Feel free to contact Dennis Killough if you have any questions.
16. Agenda Item No. 8B, 1st Reading, Ordinance No. 480-211, ZA 96-90, Rezoning and
Concept Plan for Shady Oaks Centre (formerly presented as Southlake Professional Plaza).
There have been a great number of issues related to this request. The developer and the
adjacent homeowners have worked together to resolve their differences and the plan before
you, accompanied by the homeowner's requests, is the result of their cooperative efforts.
Staff and the City Attorneys recommended some changes to the wording of the
S homeowner's requests to make them more objective and less subjective. These
recommendations were incorporated in the approval motion (5-0) by P&Z. One item still
needs to be clarified pertaining to the required parking reference. The P&Z motion
recommended that the parking meet the "current" Zoning Ordinance. Staff recommends
that the wording be changed to "the zoning ordinance in place at the time of site plan
submittal."
The applicant requested that Council table this item at your last meeting to give them time
to obtain a release of opposition from a few more surrounding land owners. At the time
of this memo, the developer has submitted no additional releases and staff's calculation is
approximately 24% opposition within 200 feet of the property. It is our understanding that
the developer is continuing to work on this issue. Feel free to contact Greg Last
concerning this item if you have any questions.
S 17. Agenda Item No. 8C, 1st Reading, Ordinance No. 480-W, Revisions to the Zoning
Ordinance No. 480, pertaining to telecommunication facilities, including towers antennas,
satellite dishe, • id ancillary structures and the definition of kennel. This ordinance
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 7
addresses two issues: 1) a change in the definition of kennel made necessary by the recently
adopted revisions to the Animal Control Ordinance No. 530A; and 2) a new approval
process for telecommunication towers, antennas, and ancillary structures (e.g., equipment
cabinets). As you will recall, the City Council and Planning and Zoning Commission met
in a joint work session on July 23, 1996 and discussed the impact of the 1996
Telecommunications Act. The draft before you reflects staffs understanding of the
consensus reached by Council and P&Z that all tower/antenna requests come forward as
either "CS" rezoning requests or as specific use permit requests in any district. After
receiving industry input from William Cothrum of Masterplan (PrimeCo's consultant), the
P&Z recommended approval of this draft with a (6-0) vote. Should you have questions
regarding this ordinance, please call Karen Gandy at extension 743.
• 18. Agenda Item No. 8D. 1st Reading, Ordinance No. 480-X reflects a reduction in the
maximum residential density in residential planned unit developments from 2.18 du/acre
to 1.80du per gross acre. The Planning and Zoning Commission supported the reduction
recommended by the Council. This revision also provides that nonresidential acreage
ancillary to the residential P.U.D. be subtracted from the gross acreage of the residential
P.U.D. request before determining the density for the development. Any questions on this
ordinance, please call Karen Gandy at extension 743.
19. Agenda Item No. 8E, 1st Reading, Ordinance No. 480-227, ZA 96-155, rezoning for
Callicott/Rhodes Farm, approximately 1.004 acres, located south of the intersection of E.
Dove Road and Ridgecrest Drive. There is a unique history to this request. The entirety
of the property included in the Preliminary Plat was apparently at one time owned by a
couple who eventually divorced. The divorce judge divided the property into two pieces,
• a front piece and a rear piece which only has physical access from the existing drive (an
access easement). The daughter of the couple is trying to build a home on the front lot.
She is combining a tract which is unzoned, therefore this case requests to rezone the tract
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 8
to SF-lA to match the remainder of the property. There are no issues regarding the
request for zoning. The Planning and Zoning Commission recommended approval 7-0.
Feel free to contact Karen, Dennis or Greg if you have any questions regarding this
request.
20. Agenda Item No. 8F. ZA 96-154, Preliminary Plat for Callicott/Rhodes Farm The platting
portion of this request has the significant issue of public street frontage for the rear lot.
The subdivision ordinance requires that every lot have frontage on a public street and
although the rear lot has an access easement, it does not front on a public street. The
Planning and Zoning Commission recommended approval 7-0 recognizing the unique
history to this property. Feel free to contact Greg Last if you have any questions regarding
• this request.
21. Agenda Item No. 8G. Ordinance No. 669, 1st Reading, amending Ordinance No. 620,
the National Electric Code, 1996 Edition - As noted in the memo from Paul Ward,
Building Official, this item is on your agenda because the North Central Texas Council of
Governments is encouraging local governments in this region to standardize their codes.
Staff is in agreement with the provisions of the new code for the most part, and are
recommending only one local amendment concerning conductor material. This is the same
local amendment which was adopted when the Council adopted the previous electrical code
in 1994.
22. Agenda Item No. 10A. Commercial Developer Agreement with Liberty Bank - For the
purposes of your action on this item, this is a standard developers agreement, with the only
additional provision being the water line oversizing issue. However, the developer has
• raised a peripheral issue regarding reimbursement for the construction of a 6" sewer line.
Since he will have to extend this line from Kimball because the parcels between are not
developed, it is possible that subsequent development on these undeveloped parcels may
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 9
tie into this line. He would like to be able to recoup a prorated portion of this line if future
developments tie on.
We have our attorneys helping us identify all of the possibilities. However, it will likely
be very difficult for Liberty Bank to recoup any of the cost from us since this line is not
in our capital improvements plan and as such, we most likely would not be able to use
impact fees collected from future developers of those lots for this purpose. Once the line
is built, other developers will likely believe that it is a public line which they have the right
to use and thus will have little incentive to participate in the cost. We will continue to
work with the developer on this issue, but it will not be a factor for your decision on this
developer's agreement.
• 23. of Bob Jones Park_Master Plan relatin re land
g �p �
acquisition and roadway on property of Marylyn Miles and Marilyn Tucker. The purpose
of this agenda item is to have the City Council clarify its vote of November 19, 1996 on
the Bob Jones Park Master Plan. As pointed out in the memo from Kim Lenoir, Director
of Parks and Recreation, there is clarification needed on the City Council's approval of the
Plan.
The minutes of the November 19 meeting are included in your packet. The minutes are
clear what City Council voted on (pg. 10B-5 in your packet). There was no mention of
adding a notation to label Marylyn Miles property for "future acquisition." Recall we did
discuss with City Council the possibility (staff recommendation was that if we thought we
would eventually need to purchase some or all of her property, we should indicate it by
labeling the property on the map as "future acquisition"). The method'of identification of
future needs is reflected on three places on the map contained in your November 19
• meeting packet. Rather than reproduce the whole copmap, ied we have from it in three
places and included the copies in this packet as map 1, map 2, and map 3. Map 1 shows
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 10
the property owned by Marylyn Miles as it is situated in relationship to the Park Plan. We
have shaded her property on map 1, for ease in identification, but it was not identified in
this way on the Master Plan map presented in your November 19 meeting packet. Note
that the roadway shown across the lower portion of the panhandle to Tucker's property
does not extend across the Miles property. Map 2 and map 3 in this packet shows two
areas of Bob Jones Park where we are indicating a need for future acquisition on the map
that was included in your November 19 meeting packet. Note the absence of such a label
in the Tucker/Miles properties shown on map 1. Map 4 in this packet is a reduction of an
earlier version of the Bob Jones Park Master Plan map. Note that this earlier version of
the map has a different look: there is a road across both the lower Tucker and Miles
properties; the soccer fields are next to Bob Jones Road, separated only by a berm (the
• plan presented to and approved by City Council on November 19 replaced these upper
soccer fields in with a horse staging area). There are other differences in this earlier
version and the plan map in your November 19 packet, but the point is the maps are not
the same.
Director Lenoir displayed a map that indicated the Tucker/Miles property as future
acquisition; we discussed in executive session the concern about the property and the need
to show it if we intend to someday acquire it. When the staff presentation and public
hearing was over, Councilmember Martin made the motion to approve. As shown in the
minutes, there was no mention of the need to add the notation to reference additional future
acquisition; there were references to eliminate, remove, and acknowledge, and to add
appropriate turn lanes off of N. White Chapel.
Although staff requested City Council consider adding the notation to the map referencing
• the future acquisition of a portion of the Tucker/Miles properties, it was not done. The
clarification that needs to be made is:
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 11
was the approval as presented referencing the staff presentation
during the meeting explaining the plan, of referincing the plan as
presented in the item included in the City Council agenda packet?
When Marylyn Miles appeared at the City Council meeting on December 17 and requested
her property be removed from the plan, she wanted to know why the city needed her
property for future acquisition. It is my understanding that some of you made the same
comment. obviously we did not indicate a road across her property on the map included
in your packet. It was also not included on the map used by Director Lenoir during her
presentation. Thus the only question concerning Ms. Miles is the labeling of her property
as future acquisition.
• There is also theTucker's question q s ion of the removal of the bottom roadway from Ms. Tucker s
property. Her recollection is that City Council directed staff to remove both roadways
from her property. That is not my recollection, nor is it definitively referenced in the
minutes. We would hope that the lower or bottom roadway is still included. However,
we are not certain of your intent. For these reasons we need your clarification. I have
contacted both Ms. Miles and Ms. Tucker. I left a message on Ms. Miles home telephone.
I spoke with Ms. Tucker. I expect both at the meeting.
Concerning Ms. Tucker, I have talked to her about the possibility of exchanging property
for the lower portion of the panhandle of her property. She is willing to consider it. We
will discuss this with you during executive session.
Concerning Ms. Miles, recall that I mentioned to you last meeting that I intended to write
her and explain that we would probably remove her property from the master plan, since
• there is no roadway on her and we can do without it. I drafted the letter last
property
Friday, but did not mail it until Wednesday, January 15. That same day we received a
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 12
certified copy of a housing discrimination complaint filed against the City by Ms. Miles.
Copies or both are attached hereto. The complaint is summarized at the bottom of the last
page of the HUD form. Note the most glaring aspect is her contention that we were taking
her property but not taking Marilyn Tucker's property. This complaint will be easy to
resolve no matter what or how you clarify your intent. We will discuss this during
executive session.
24. Agenda Item No. 11A. Pavement markings on F.M. 1709 at Westwood Drive - I believe
you are all familiar with the turning difficulties at this intersection. The proposal before
you is one that we believe can significantly improve the traffic conflicts in this area, at a
reasonable cost. Please feel free to contact Ron Harper if you have any questions about
111) this proposal.
OTHER ITEMS OF INTEREST
25. Thoroughfare Plan Update. The P&Z Commission met in work session on January 6 to
discuss the additional staff and consultant research prepared for the determination of the
Continental Boulevard roadway section. Previous drafts of the MTP showed Continental
as a five-lane section with an extension to SH 26. In deference to the citizens living in the
proximity of Continental, the Commission reached consensus that Continental from FM
1938/Davis Boulevard to the future extension of "New" Carroll should be a three-lane
section. This three-lane section has sufficient ROW to construct a five-lane section if
necessary in the future. The Commission also recommended that the MTP text and map
be annotated to show that the change from the three-lane to five-lane section could result
• in a Level of Service 'F' at the build out of the City as compared to the design Level of
Service `D' for the other roadways on the MTP.
f
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
SJanuary 17, 1997
Page 13
The formal consideration of the MTP and public hearing are scheduled for the January 23
P&Z meeting. Please feel free to contact Tom Elgin if you have questions on the MTP
update.
26. 800 MHZ Update -- The attached memo from Director Campbell will update you on our
efforts to enhance the 800 MHZ system. If you have any questions, please feel free to call
Director Campbell.
27. Status of Hiring_a Landscape Administrator — We have received a number of applications
from highly qualified individuals. Greg Last and Kim Lenoir started interviewing today
and will interview a few more applicants next week. We will have someone selected soon.
III
28. Selection of Names for New Parks -- We have placed information in the "City Manager's
Report" and in the upcoming "Southlake In Review," soliciting residents to submit names
for our three new parks. These parks have been donated by developers to meet the
requirements of their park dedication fees. As you probably know, the three parks are:
(1) the 7 acre park located in the Lonesome Dove subdivision;.
(2) five acres of undeveloped land at 1725 W. Continental, next to Carroll
Elementary School (Country Walk subdivision); and
(3) five acres of undeveloped land at 900 S. Carroll across from Brumlow and
Continental (Versailles subdivision).
The Parks and Recreation Board has established guidelines for naming of parks. If you '
have any questions about the process, feel free to call Parks Director Kim Lenoir.
III 29. DPS Special Needs Committee --A newlyformed "Special Needs Committee," consisting
P �
of several employees of the Department of Public Safety, will begin gathering information
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 14
from the community concerning residents with special needs, such as hearing impaired,
handicapped, etc. This information will be entered into a computer and will alert
emergency personnel prior to their arrival on-scene.
30. Weather Related Information -- Public Works and Public Safety personnel responded to
the winter weather conditions we experienced this past weekend. Public Works crews
worked a total of 173 man-hours over a period from 4:30 p.m. Sunday, January 12 through
1:00 a.m. Wednesday, January 15, 1997, sanding major intersections, SH 114, and FM
1709. They used approximately 110 tons of sand.
DPS personnel responded to 4 major accidents, 14 minor accidents, and 5 motorist assists
• due to the winter weather.
31. Work Session with Timarron -- Councilmember Fawks has requested we schedule a City
Council work session with Timarron regarding their proposed commercial developments.
The best time we have available before their request comes to City Council is Tuesday,
January 28, 1997, at 5:00 p.m. This is before your scheduled joint meeting with the Parks
and Recreation Board at 7:00 p.m. that evening. Please let Sandy LeGrand know if this
will work for you. This date will only be good if the P&Z Commission finishes its
recommendation prior to this.
32. Partners in Mobility will make their annual presentation of the Dallas-Fort Worth area
needs to the Texas Transportation Commission on Thursday, March 27, 1997 at 9:00 a.m.
in Austin. The North Texas Commission, a lead participant in the Partners in Mobility,
is encouraging their members to participate in this delegation. Bob Whitehead and I are
S planning to attend and would like some of the Council to accompany us. If you are
interes
ted in attending this presentation, please let me know.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
• January 17, 1997
Page 15
33. Keep Southlake Beautiful Litter Pick-Up -- KSB has scheduled their first quarterly litter
pick-up of 1997 for tomorrow, January 18, from 9:00 a.m. to noon. Many of the Adopt-
A-Street groups have signed up to participate and the City will again provide crews to pick
up the bags. Tom Sanderlin, KSB Board of Directors member and coordinator of the
event, estimates that many of the major arterials will be picked up, including Dove Road,
Kimball, N. Carroll, S. White Chapel, Continental, N. Peytonville, and Johnson Road.
If you are interested in assisting KSB, please call Tom Sanderlin at 488-7965, or just fmd
one of the groups out working and grab a bag! FYI, the City employees will pick up our
section of Carroll on Wednesday, January 22 at 5:00 p.m.
34. Harron Proposed Cable Rate Increase -- FYI, we received a letter from Harron
SCommunications informing us that they will be raising their Cable Plus rates effective
February 1, 1997. The increase will be $1.25 per month; there will be no increase to the
Economy Basic level of service. Harron's last rate increase was in January 1996.
35. Employee Awards Banquet-- If you plan to attend the annual Employee Awards Banquet
on Monday, January 27, and have not yet responded, please RSVP to Kim Bush by
Tuesday, January 21. We will need you and your guest's dinner selection. Director
Campbell will once again undertake the master of ceremonies duties and I am sure you will
not want to miss that!
36. The Library Committee met on Wednesday, January 15, and voted to recommend to City
Council that Southlake build a stand-alone library for its citizens. Cynda Mast, co-chair
of the committee, will be making a presentation to the Council at the February 4 regular
meeting.
S
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
January 17, 1997
Page 16
37. The Metroport Meeting will be held at 7:30 a.m. on Thursday, January 23, at the Solana
Education Center, Room 1 and 2. Please see the calendar, included with my memo, for
other upcoming meetings and events.
38. Note the attached open records reT faxed to us from Susan Mullaney on Tuesday,
January 14. I had hoped to have this request answered in time for the packet so you could
review the response, however, due to other things, I will not have it prepared before
Tuesday. I have also attached her earlier request and my response.
•
CEH/k.
•
•
,.
. ,
. .
, _ ..
--_-=_-_,
A ,
City of South lake
outhla Administrative Offices
, January 15, 1997
Mayor.
Rick Stacy •
Mayor Pro Tern:
W.Ralph Evans •
Deputy Mayor ProTem: Ms. Marylyn Miles '
PamelaA.Muller
5609 Hensley Dr.
Councilmembers: Ft. Worth, Texas 76134
Wayne Moffat
David A.Hams
Gary Fawks Dear Ms. Miles:
Scott F.Martin
City Manager: Following your presentation to the City Council on December 17, 1996, I directed,
Curtis E.Hawk staff to look at your request concerning removal of your property from the Bob
Assistant City Manager:
Jones Park Master Plan. After further review of the plan concerning the points you
Shana K.Yelverton raised to City Council, it is staffs opinion that your request could be granted
without adversely affecting the quality of the Park. It is my intent to place this itemAO eGrand on the agenda for the January 21, 1997, City Council-meeting to be acted upon by
the City Council. I believe the City Council will be supportive of your request.
Please feel free to attend this meeting if you so desire.`We will send a copy of the
agenda as soon as we compile it. Normally, agendas are ready for distribution late
Friday before City Council meeting days on Tuesdays: .
Thank you for your patience with us on this issue. If you have any questions, please
feel free to call. .
Sincerely,
i
Curtis E. Haw
City Manager
CEH/kb
•
cc: Shana Yelverton, Assistant City Manager
D:\WP-FILES\CEH&CC\MILES-M.LTR
•
1
1725 East Southlake Blvd. • Southlake, Texas 76092
(817) 481-5581 • FAX (817) 488-6796
AN EQUAL OPPORTUNITY EMPLOYER"
•
•
January 19 February 08 1997
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lunch w/CM Work Session 7:00 PM Community 5:30 PM Joint Chamber
6:00 PM SPDC Mtg @ 6:00 PM City Council Forum-Jvnle Substnce Party-N.Loop Dodge
CC Rm Mtg Abuse @ CHS 7:00 PM P&Z Meeting
7:00 PM Historical Soci- 7:00 PM SPIN#6 @
ety @ Lodge-Speaker Com Bldg-BW
Jack Johnson speaker
7:00 PM Rescheduled Pk 7:00 PM SYAC @ Park
Board Mtg
7:00 PM Youth Pk Board
Mtg @ Admin Bldg
January 26 January 27 January 28 January 29 January 30 January 31 February 1
9:30 AM Director's Mtg 7:00 PM Joint CC/PK 8:20 AM CEH-Career 7:00 PM SPIN Standing PACKET DAY
@ CC Rm Board Mtg Day @ CISD Comm Mtg
10:00 AM Staff/Agenda
Mtg
11:30 AM Chamber
Luncheon-FtW Tmsp
Auth @ Solana
6:00 PM Employee
Awards Banquet -
7:00 PM BBOA Mtg
February 2 February 3 February 4 February 5 February 6 February 7 February 8
9:30 AM Director's Mtg 11:30 AM Mayor lunch 8:00 AM Director's 8:00 AM Director's
@ Admin w/CM Retreat Retreat
11:30 AM City Council 5:00 PM City Council
lunch w/CEH Work Session
6:00 PM City Council
Mtg
Printed by Calendar Creator Plus on 1/17/97
•' City of Southlake,Texas
III MEMORANDUM
January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize the Mayor to Execute an Interlocal Agreement Between Tarrant
County and the City of Southlake for Purchasing Various Commodities
Background
Attached is the Interlocal Agreement between County of Tarrant and City of Southlake. This
agreement would allow the City to purchase various commodities using Tarrant County's annual
contracts (bids). A current list is attached to the agreement. The City has a similar Cooperative
Purchasing Agreement with Denton County dated July 23, 1996. The agreement with Tarrant
County will allow Staff the opportunity to have two sources for purchase of various items and allow
us to take advantage of cost benefits associated with large volume purchases.
Comments
SStaff requests that the Interlocal Agreement be placed on the January 21, 1997,Regular City Council
Meeting and that the City Council authorize the Mayor to execute the Interlocal Agreement between
Tarrant County and City of Southlake for purchasing various commodities.
' 1 , , —.
BW/ls
attachments: Interlocal Agreement
List
D:\W P•FILES\AOREEM NT\TARRANT\PU RCHASE.W PD
• 5A-1
.4.
INTERLO CAL AGREEMENT
• BETWEEN COUNTY OF TARRANT AND CITY OF SOUTHLAKE
This agreement is made this 30th day of December, 1996 between the
County of Tarrant, Texas and City of Southlake, Texas. •
Pursuant to the authority granted by the "Texas Interlocal Cooperation Act,"
Chapter 791 Texas Government Code providing for the cooperation between
local governmental bodies, the parties hereto, in consideration of the premises
and mutual promises contained herein, agree as follows:
WHEREAS, the contract is made under the authority of Sections 791.001-
791.029 of the Texas Government Code; and,
WHEREAS, the parties, in performing governmental functions or in paying
for the performance of governmental functions hereunder shall make that
performance or those payments from current revenues legally available to that
party;
S
WHEREAS, the governing bodies of each party find that the subject of
this contract is necessary for the benefit of the public and that each party has the
legal authority to perform and to provide the governmental function or service
which is the subject matter of this contract; furthermore, the governing bodies
find that the performance of this contract is in the common interest of both
parties; and that the division of cost fairly compensates the performing party for
the services performed under this contract;
City of Southlake, hereby makes, constitutes and appoints Tarrant County its
true and lawful purchasing agent for the purchase of various commodities using
Annual Contracts (Bids). Tarrant County will maintain a listing of Annual •
Contracts which are available for local entities use. To utilize one or more of
these-contracts, local entities must request authorization, in writing, to Tarrant
County. Upon receipt of request, Tarrant County will send a form letter to the
appropriate vendor(s) for their approval and signature. Upon receipt of
authorizing letter from the vendor(s), Tarrant County will forward a copy of the
letter and appropriate Annual Contract to the requesting entity. City of Southlake
agrees that Tarrant County shall serve as the purchasing agent for selected
items, and agrees that the bidding shall be conducted by Tarrant County
• according to its usual bidding procedures.
5A-2
II.
City of Southlake, agrees that all specifications for selected items shall be as
determined by Tarrant County.
Ill.
City of Southlake, agrees to pay the supplier for all goods, equipment and
products pursuant to this agreement. The successful bidder or bidders shall bill
City of Southlake directly for all items purchased, and City of Southlake shall be
responsible for vendor's compliance will all conditions of delivery and quality of
the purchased items.
IV.
Mr. Robert Whitehead, Director of Public Works, is hereby designated as the
official representative to act for City of Southlake in all matters relating to this
agreement.
V.
S
This agreement shall take effect upon execution by both signatories.
VI.
This agreement shall be in effect from the date of execution until terminated
by either party to the agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed by their authorized officers the day and year first above written.
TARRANT COUNTY i CITY OF SOUTHLAKE
BY BY
TITLE • TITLE •
DATE • DATE
• 5A-3
• Subj: TARRANT COUNTY BID LIST FOR INTERLOCAL AGREEMENTS
The following Annual Contracts/ Bids are currently available for use by Cities/
ISD's within Tarrant County. An Interlocal Agreement must be completed prior
to using any of Tarrant County Bids. Only one Interlocal Agreement will be
required which will cover any and all Bids listed.
For additional information, or to establish an Interlocal Agreement, contact Tim
Jones, Buyer at (817) 884-2620.
Description Bid Number
NC for Aggregate Road Surface Treatment 96-124
NC for Asphalt Road Surface Products 95-102
NC for ASTM Type I Portland Cement 96-139
NC for Automotive, Truck & Equipment Batteries 96-097
NC for Automotive, Truck& Equipment Filters 96-145
NC for Corrugated Metal Pipe 94-099
NC for Emulsions 96-122
• NC for Flexible Base Road Material 95-106
NC for Gasoline and Diesel Fuels 96-106
NC for Lime Slurry 95-107
NC for Office Supplies 95-136
NC for Pagers and Paging Services 96-084
NC for Reinforced Concrete Pipe 95-105
NC for Traffic Paint& Glass Beads 97-009
Annual Contracts for the following items will be going out for Bid in the near
future and will be available for use after Award is made:
Motor Oils, Lubricants, and Greases Transmission Repair
Automotive, Truck& Equip. Parts Medical Supplies
Automotive, Truck & Equip. Tires Modular Furniture
Automotive Body Repair Printer Supplies
Exhaust Repair Facsimile Equipment
Radiator Repair Paper Products & Related Items
410 We will have other Annual Contracts agkIld to this list in the future.
City of South lake,Texas
MEMORANDUM
January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Dennis Killough, Planner
SUBJECT: Variance to the Subdivision Ordinance No. 483-E, Section 4.01(1)2 (Plat
Expiration) Extending the Validity of Case ZA95-120, Final Plat-Meadow
Ridge Estates
On January 18, 1996 the Planning and Zoning Commission approved Case ZA95-120, Final Plat
for Meadow Ridge Estates. This plat has not yet been filed in the County Plat Records and will
expire on January 18, 1997. The developer Briscoe-Clark is requesting a six(6)month extension
of the Final Plat from the date of expiration in order to finish work on the engineering plans and
the developer's agreement. Because this plat will expire prior to the City Council meeting on
January 21, 1997,.a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483-E (shown
below)will be required if the extension is to be granted.
"2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat
Showing which has not been recorded in the County Plat Records within
• one year of the date of approval shall expire. "
A letter from Briscoe - Clark requesting the extension is attached. A location map (tract map) and
a reduced copy of the plat are also attached for your convenience.
Please place this item on the next Council agenda for their consideration.
DKK
att: Letter from Briscoe- Clark dated January 15, 1997
Location Map
Reduction of the Final Plat-Meadow Ridge Estates
L:1 WP-FILESIREVI95195-120FP.EXT
111
5B-1
BriscoeClark
• A Real E tAti S)vcll,mrnt C.nrµtny'
•
January 15, 1997
Mr. Dennis Killough / Fax: 817-488-5097
City of Southlake %
667 North Carroll Avenue /
Southlake,Texas 76092 .
RE:Final Plat Extension,Meadow Ridge Estates,Case No.ZA 95-120. -
Dear Dennis:
Briscoe Clark Company,the developer of the Meadow Ridge Estates,kindly request an
extension of six(6)months for the Final Plat of Meadow Ridge Estates,Case No.ZA 95-
120.This will allow us to finish the Engineering Plans and Developer Agreement for this
development that are in process now. i..•
•
Thank you for your consideration oft this tNatter.If there are any questions or concerns
please do not hesitate to call.hie.:e, ' I, •
•
• Sincerely,
Robey,A.Clark '.`-
Briscoe Clark Company,Ltd.
By:Clark Briscoe Development Company,Inc.
•
By: 7( 14
Robey A.Cl Sect]reasurer
8300 Oovglas Ave
r e°°Pep • RECD JAN 151997
resro�Plaza lower
Dallas,TX 75225
214/706.9190
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4 City of South lake,Texas
• MEMORANDUM
January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer , ,
SUBJECT: Authorize the Mayor to enter into Change Order No. 2 with Barson Utilities
Water System Improvements-1996 for an additional 8" Water Line along N.
White Chapel Blvd.,from E.Bob Jones Rd. north for a Distance of 888 Linear
Feet
Background
The City has received a quote from Barson Utilities to extend an 8"water line on N. White Chapel
Blvd. From E.Bob Jones Rd.north for a distance of 888 linear feet. This quote is in the amount of
$25,916.20. The costs were determined using unit costs currently included in the City's current
contract with Barson Utilities. (Barson is the contractor for the water line construction project on
Kimball,White Chapel Blvd. and Continental Blvd.) The current Barson contract is in the amount
• of$368,479.40. This change order is 7.0%of the current contract.
.Change Order No. 1 for this contract was to place an additional fire hydrant on S. White Chapel
Blvd. At the request of the Fire Department,in the amount of$9,062.
There are several reasons for this water line extension at this time, including:
1) The construction of a home at 4440 N. White Chapel Blvd., not currently
served by any water system. This item is under way.
2) When the City annexed this area of the City, we were obligated to provide
services to the area. Until this point there were no residential requiring water
services.
3) The area to the east of White Chapel Blvd. and north of Bob Jones Rd. is
served by a private water company whose Certificate of Convenience and
Necessity does not extend to the west of White Chapel Blvd.
4) There is insufficient fire protection in this area.
5) The extension of this line will allow for emergency connection to the private
water provider for fire protection. In addition, the extension will provide for
Illa connection, if the private provider ceases service to the area.
5C-1
MEMORANDUM
• CURTIS E.HAWK.
1996 WATER IMPROVEMENTS-CHANGE ORD.2
JANUARY 17, 1997
PAGE 2
The funds for this change order are available from the Water Utilities Fund 750.
Comments
We request that this change order be placed on the January 21, 1997, City Council Regular Agenda
for city council's review and consideration, authorizing the Mayor to sign this change order. (The
ount of the change order exceeds the approval authority of the City Manager.)
RH/
attachment: Barson Utilities Proposal
D:1W P•FILESIW ATER\UNEV 9961CH0-0 I.MEM
•
111111 5C-2
BARSON UTILITIES,INC.
•tl 2018 W. KITTY HAWK DR •
• ALLEN,TX 75013
972-390-2177
CITY OF SOUTHLAKE
WHITE CHAPEL ADD-ON
ITEM# QTY DESCRIPTION UNIT PRICE TOTALS
FURNISH&INSTALL 8"DIA.C-900 PVC WATER PIPE,COMPLETE
1 888 L.F. IN PLACE FOR THE SUM TWENTY ONE DOLLARS,&-0-CENTS $21.00 S18,648.00
FURNISH&INSTALL 6"DIA.SPEC.C-900 PVC(DR-18)WATER
PIPE;(5'.-0'MIN.PIPE COVER);COMPLETE IN PLACE FOR THE
2 30 L.F. SUM OF TWENTY DOLLARS&-0-CENTS $20.00 $600.00
FURNISH&INSTALL 8"GATE VALVE AND VALVE BOX,
COMPLETE IN PLACE FOR THE SUM OF FIVE HUNDRED FIFTY
3 1 EA. DOLLARS-0-CENTS $550.00 $550.00
CONSTRUCT NON-TAPPED CONNECTION TO EXISTING 12"
WATER LINE,BUT EXCLUSIVE OF NECESSARY DUCTILE IRON
FITTINGS,COMPLETE IN PLACE FOR THE SUM OF NINE
4 1 L.S. HUNDRED DOLLARS-0-CENTS $900.00 $900.00
'„ CONSTRUCT FIRE HYDRANT INSTALLATIONS COMPLETE
n INSTALLATION BUT EXCLUSIVE OF 6"PVC LEAD PIPE AND 6"
GATE VALVES,TEE AD VALVE BOX FOR THE SUM OF ONE
5 2 EA. THOUSAND DOLLARS-0-CENTS $1,000.00 $2,000.00
FURNISH&INSTALL 6"DIA.GATE VALVES AND VALVE BOXES,
COMPLETE IN PLACE FOR THE SUM OF FOUR HUNDRED FIFTY
6 2 EA. DOLLARS-0-CENTS S450.00 $900.00
FURNISH AND INSTALL DUCTILE IRON FITTINGS FOR 8"AND 12"
WATER LINE CONSTRUCTION INCLUDING CONCRETE
BLOCKING,COMPLETE IN PLACE FOR ONE DOLLAR FORTY
7 359 LBS CENTS $1.40 S502.60
CONST.1""LONG-SIDE"WTR SER.CONNECT.WHERE
INDICATED;COMPLETE INSTALL INCL SERV.SADDLE,ALL
NECESSARY FITTINGS AND APPURTENANCES AND ALL
NECESSARY 1"PVC SERV.PIPE,BUT EXCLUSIVE OF WTR
MTRS;COMPLETE INSTALL FOR THE SUM OF THREE HUNDRED
8 2 EA. DOLLARS $300.00 $600.00
CLEAR R.O.W.FOR CONSTRUCTION OF 8"WATER LINES, "' \
9 888 L.F. COMPLETE IN PLACE FOR THE SUM OF ONE DOLLAR-0-CENTS $1.00 $888.00
Page 1
• •etl
•
j.
FURNISH AND INSTALL ASPHALTIC RDWY REPLACEMENT WITH
4"THICK(COMPACTED THICKNESS)HMAC PAVEMENT WHERE
CALLED FOR BY OWNER;COMPLETE IN PLACE FOR THE SUM
10 25 L.F. OF SIX DOLLARS-0-CENTS $6.00 $150.00
PROVIDE DESIGN AND EXECUTION OF TRENCH SAFETY PER
O.S.H.A.STANDARDS,COMPLETE IN PLACE FOR THE SUM OF-0-
11 888 L.F. DOLLARS AND TWENTY CENTS. $0.20 $177.60
SUB TOTAL $25.916,20
•
•
Page 2
City of South lake,Texas
MEMORANDUM
III January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Award of Bid for Backhoe Loader for Water Utilities to Future Equipment
Company
Background
Water Utility Division of the Department of Public Works maintains the public water and sewer
system. With the additions and depth of over nine feet of many sewer lines, the current backhoe
loader in the Utilities Division is not capable of allowing city employees to make the necessary
repairs. In addition, the current backhoe loader is ten years old and has had many repairs.
In preparing specifications for equipment, Staff attempts to allow as many bidders as possible yet
still have the machine do the job that is required. Each manufacturer of equipment has to build their
machine slightly different, therefore,with any general specification equipment manufacturers can
• not meet all of the specification with out some"exceptions/variations". The exceptions were to be
noted by each bidder.
City Council did approve, as part of the FY 1996-97 Budget funds in the Water Utilities Fund 200,
for the purchase of a new backhoe loader. Bids were advertised on December 29, 1996 and January
5, 1997. January 15, 1997, at 10:00 a.m. three bids were received,publicly opened and read.
Bid Tabulation/Analysis
:::°,B D
AlB�U'LATIO� A>GYS
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, BDDER ; ' ' :::= T 1tl _. : irWARRANT.Y ;.:.P
I CE,;:.
Future;Equz0ment',._ ='!'_ ` ` CASE 580 Super L 3 year 54,251.00
5 year +3,330.00
Dari.Equipment, ,,'', Caterpillar 416 C 3 year • 61,946.00
5 year n/a
14 °. .. ,
RDD,Eq menu..,,' ',,:`,, John Deer 310 SE 3 year 63,280.77
5 year n/a
SD-1
MEMORANDUM
• CURTIS E.HAWK
BACKHOE LOADER
JANUARY 17, 1997
PAGE 2
All of the bidders met the specification with"exceptions or variations"noted. Staff has reviewed
each bid and find no major exception/variation to any major component of the machine.
Fiscal-Impact
Water Utility Fund 200 included$70,000 for the backhoe loader and a trailer. Staff estimates the
cost of the trailer at$6,000; therefore, $64,000 was the estimated cost of the backhoe/tractor. All
of the bids were.under the budgeted amount.
Recommendation
Public Works Staff recommends that when possible, long term"full warranties" are advantageous
for the City. Therefore, Staff recommends that City Council award a contract to Future Equipment
to furnish a CASE 580 Super L backhoe loader with a 5 year/5000 hour full warranty for the low bid
of$57,581.00
Please place this item on the Regular City Council Agenda for January 21, 1997, for City Council's
review and consideration.
• :E; '
j3W/ls
attachment: Specifications
D:\W P•FILES\BUDOEi\96-97\BACKHOE.MEM
•
5D-2
CITY OF SOUTHLAKE-WATER UTILITIES
BID SPECIFICATIONS FOR BACKHOE LOADER WITH FOUR WHEEL DRIVE AND
HYDRAULICALLY EXTENDABLE DIPPER STICK
gip - The Following Specifications are minimum requirements and are intended to establish a performance
• basis for a construction grade loader/backhoe. Any exceptions/variations from the specifications may be
acceptable provided they are noted,otherwise bid shall be rejected.
Standard items appearing in the manufacturers published specifications furnished by the bidder shall be .
included unless otherwise noted. A copy of the manufacturers published specifications shall be included
with the bid. Equipment bid shall be new,of current design and 1997 production.
GENERAL
1. The branch store shall be equipped to-perform all necessary warranty work
and have available field service technicians.
2. ' • The branch store shall have the ability to obtain parts from the
manufacturer within 24 hours.
3. The unit shall be of the latest design and current production.
4. The unit offered shall be a new standard production model.
5. ' The price quoted shall be for the unit to be delivered and set up at city
location.
•
BACKHOE
1. Backhoe shall be center pivot design.
2. Backhoe shall be two stick controls. .
3. Minimum dig depth shall be 14 feet, 6 inches not extended.
4. Maximum dig depth to be no less than 18 feet,.2 inches extended.
5. Boom cylinder shall be exterior mounted.
6. Hydraulically extendable dipper stick.
7. . Backhoe hoses must be replaceable without removing other hoses. .
8. Bucket cylinder minimum dig force to be 12,000 lbs.
9. Stick cylinder minimun dig force to be 7,800 lbs.
10. Backhoe swing arc to 180 degrees and have cushioned stop.
11. • Backhoe reach from_pivot to be 18 feet 6 inches minimum in an extended
position.
12. Backhoe bucket shall be a minimum of 24" in width, also'a 18" will be ;
provided.
13. . SAE control pattern.
14. Loading height of 20 feet, 0 inches minimum extended.
15. Swing transport lock.
16. Boom lock, controlled from inside cab.
17. Boom lift capacity at 8 feet above ground level to 2700 lbs.
S
.18.19. Stick lift capacity at 8 feet above ground to be 4200 lbs.
Stabilizers in carry to be inside tires with street/dirt pads.
WATER UTILITIES BID SPECIFICATIONS FOR BACKHOE LOADER
•
. 5D-3 .
CITY OF SOUTHLAKE-WATER UTILITIES
BID SPECIFICATIONS FOR BACKHOE LOADER WITH FOUR WHEEL DRIVE AND
HYDRAULICALLY EXTENDABLE DIPPER STICK
• LOADER
•
::.:YES:" ....... ............ ....,..........1111 111.111 : ..........,
1. Loader arms shall not interfere with normal servicing.
2. Loader arms shall widen toward bucket.
3. Loader shall have enough down force to lift machine front
,4. Breakout force with bucket equipped to be 9,000 lbs. minimum.
5. Bucket shall have a rated capacity of 1.25 cubic yards.
6. Bucket to be general purpose in design and be predrilled to
accept a bolt on the cutting edge.
7. A two piece cutting edge to be installed:
8. .Bucket shall be self leveling.
9. Safety support bar.
HYDRAULICS
1. Pump to be variable displacement piston with load sensing.
2. Pump to be rated at 41 gallons per minute.
3. . Maximum pressure to be 3,000 PSI.
System to be separate with oil cooler and 7 micron filter, filter to .
be spin on type.
• 5. System to have full pressure capability at low engine idle.
6. Fittings to have o-ring face seals.
• 7. • . • Hydraulic tank to be forward mounted.
TRANSMISSION •
>_ Ili
.. : .............
1. Four forward four reverse.
. 2. • Fully synchronized power shuttle design. •
3. . Spin on type filter.
•
4. Transmission forward reverse lever to have lock.
• 5. Torque converter stall ratio 2.21 to 1 minimum.
6. Travel to be 20 MPH maximum. •
7. Transmission shall have separate reservoir.
8. Disconnect buttons on shifter and loader control.
•
WATER UTILITIES BID SPECIFICATIONS FOR BACKHOE LOADER
5D-4
CITY OF SOUTHLAKE-WATER UTILITIES
BID SPECIFICATIONS FOR BACKHOE LOADER WITH FOUR WHEEL DRIVE AND
HYDRAULICALLY EXTENDABLE DIPPER STICK
• ENGINE
1. Unit to have diesel four cylinder with turbocharger and
replaceable dry type liners. - -
2. Turbocharged engine to have minimum of 79 flywheel
horsepower.
3. Engine to have a variable speed type governor.
4. Dual element type dry air cleaners.
5. Water separator system.
6. Engine oil filter to be vertical spin on type.
7. Engine to have,preheater for cold weather starting aid. ,
8. Engine to have hand and foot throttles.
9. Engine to have vertical exhaust stack.
10. Displacement of 240 cubic inches minimum.
11. Gear driven water pump.
12. Oil pan to be cast type.
13. Fuel tank 28 gallons minimum.
14. 750 CCA Maintenance free battery.
15. 90 AMP alternator minimum.
• CAB
1. Factory installed isolation mounted.
2. OSHA approved ROPS/FOPS integral to cab.
3. Factory installed air conditioner/heater pressurizer with
multispeed blower (No roof top mounting).
4. Front and rear windshield wipers.
5. Four front and rear work lights actuated by separate switches.
• 6. • Turn signals and-flashers visible from front and rear.
7. Side instrument panel to be lighted with tachometer, hour meter,
fuel gauge, oil pressure gauge, transmission converter
temperature gauge,.coolant temperature gauge, charging system
gauge.
8. Horn, back up alarm, and electronic fuel gauge.
9. Fuses or circuit breakers accessible from inside cab.
10. Suspension vinyl seat with adjustable arm rests.
11. All glass to be safety type.
12. Electrical system to have color coded numbered wires.
•
WATER UTILITIES BID SPECIFICATIONS FOR BACKHOE LOADER
5D-5
CITY OFSOUTHLAKE-WATER UTILITIES
BID SPECIFICATIONS FOR BACKHOE LOADER WITH FOUR WHEEL DRIVE AND
HYDRAULICALLY EXTENDABLE DIPPER STICK
• AXLES--FRONT AND REAR
•
• 1. Unit to have trunion mounted front axle.
2. Four wheel drive to be engageable on the go in any gear.
3. Front tires must be inside bucket width.
4. 12.5/80 front tires and 19.5L Rear 12 ply tires.
5. Rear diff lock on the go engagement.
6. Hydraulic assisted rear brakes.
7. . Independent mechanical parking brake.
8. Rear differential with double reduction planetary final drives.
9. All steering links to have lubrication points.
10. Front axle to have remote grass fittings.
WARRANTY
:::.::�S:::.:::.:.::::.:.LSO.:::...:...:.:::.:::..:..:....-::...::::.... .. ... .. ..........--....._....................................
1. Three year or 5000 hour engine and powertrain coverage.
S .
•
• WATER UTILITIES BID SPECIFICATIONS FOR BACKHOE LOADER
5D-6
,
City of Southlake,Texas
ill MEMORANDUM
January 16, 1997
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
RE: Authorize the Mayor to enter into a Facilities Utilization Agreement between
the City of Southlake and Southlake Girl's Softball Association
As you know, the City annually enters into Facility Utilization Agreements with our local youth
sports associations. This agreement outlines dates and location of practices and games of each youth
association. It also outlines the responsibilities of the City and the Association in terms of
maintenance, storage, equipment and concessions. These agreements are negotiated each year with
the Parks and Recreation staff and the association's officers.
The Parks and Recreation Board reviews the agreements and recommends action to the City Council.
Due to the weather,the Parks and Recreation Board rescheduled their regular meeting to Monday,
January 20,where they will act on these agreements. This is the third year for this process, and only
S
minor changes have been made and the youth associations are in agreement with the changes;
therefore, a recommendation for approval is expected from the Parks and Recreation Board.
The City Attorney is reviewing the agreements.
Please put an item on the January 21 City Council agenda for City Council to authorize the Mayor
to enter into a Facilities Utilization Agreement between the City of Southlake and Southlake
Girl's Softball Association.
If you have any questions please call me at 481-5581 extension 757.
GKIA L._
KML
• FACILITIES UTILIZATION AGREEMENT
The parties to this agreement are the City of Southlake, Texas, herein called "City", and
the Southlake Girls Softball Association. herein called "SGSA."
FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties
agree as follows:
I. PREMISES
City agrees to provide game fields and practice fields as defined by Exhibit "E", SGSA
Field requirements. Field requirements and dates for Spring and Fall seasons shall be
provided by SGSA to City at least 90 days before opening day of a season. Facilities
in Exhibit "E" are herein called "Premises" in accordance with the terms of this
agreement.
II. SEASONS AND HOURS
The seasons of this agreement shall be annually for Spring Season, Fall Season and
tournaments on the days of Monday through Saturday, with each facility usage to not
0 begin before 4:00 PM on weekdays or 8:00 AM on Saturdays.
The following are approximate dates for significant activities:
Spring FALL
Coach Look February 8, 15 & 22 2nd weekend in August
Practice Begins February 23 3rd week in August
Opening Day March 29 2nd weekend in September
End of Regular Season June 30, 1997 2nd weekend in November
Ill. RENEWAL OR TERMINATION
This agreement must be renewed on an annual basis on January 1 of each year, with SGSA
having the right of first refusal to enter into a new agreement. Changes in the agreement must
be requested 90 days prior to the renewal date by either party. Written notification by the City
must be provided to the President of SGSA at their residence. Written notification by SGSA
must be provided to the City Manager, City of Southlake at City Hall. In the event SGSA
terminates this agreement, SGSA will remove its own movable equipment which is not of a
permanent nature upon non-renewal of this agreement within thirty (30) days.
IIIRev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
6E _7
• IV. FEES AND ASSIGNMENT
SGSA shall not charge any fees for admission without prior approval of the Parks and
Recreation Board for any event. (Example: approved tournaments) SGSA reserves the right
to request a voluntary donation for admission to events other than regularly scheduled league
games. SGSA agrees to provide signs clearly indicating donations are requested only for the
SGSA activity occurring on Premises. Access to other Premises activities shall be clearly
available. SGSA shall not assign this agreement nor shall it rent out any property of the City
without prior written consent of the City.
V. UNLAWFUL ACTIVITIES
SGSA shall not engage in any activities on the premises which are in violation of any existing
state, federal, local law or use the premises in such a manner as to constitute any hindrance for
other park patrons engaged in lawful activities.
VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION
SGSA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation
Board for approval any proposal to install or construct temporary or permanent structures,
signs, equipment, or other related items. Permanent structures shall become the property of
• the City. SGSA is allowed a maximum of two (2) signs listing GSA sponsors for the current and
previous year. Signs are not to exceed the size of (4 feet by 8 feet).
VII. INDEMNITY
SGSA shall indemnify and hold harmless the City of Southlake, its agents, officials and
employees from any and all claims for bodily injury, illness, death, personal injury or property
damage arising out of any negligent act or omission committed by SGSA officials, players,
members, officers, or employees of the City in connection with the activities conducted under
this Agreement. This indemnification shall specifically include any claims arising from the
negligence of the City, its agents, officials and employees.
Nothing contained herein shall be construed to limit or waive any governmental or sovereign
immunity of the City of Southlake or any immunity applicable to its officers, agents, servants or
employees, nor shall it be construed to limit or waive any insurance coverage or the City's
status as an additional named insured as provided in paragraph XII of this agreement.
c r3
Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 16
Print Date 1/6/97 SOUTHLAKE GIRLS SOFTBALL ASSOCIATION
•
IIIIVIII. FOOD SERVICE
All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all
city, state, county and federal law.
IX. DOCUMENTS AND OFFICERS
SGSA shall submit to the Southlake Parks and Recreation Department a copy of rules and
regulations, charters, constitution, and by-laws of SGSA. Names, addresses and phone
numbers of all officers and board members of SGSA shall also be submitted to the Parks and
Recreation Department within two weeks after election or appointment.
Southlake Parks and Recreation Department shall submit to SGSA the Names, addresses and
phone numbers of all Parks and Recreation Department supervisors and directors and Parks
Board members within two weeks after election or appointment.
X. ROSTERS AND SCHEDULES
SGSA shall furnish the Parks and Recreation Department the number of players by age and
division and zip code within one week following Opening Day of each season. A full schedule
for the season will be submitted, if available one full week prior to Opening Day of each
• season. If full schedule is not available, SGSA will submit one month's schedule, one full week
prior to those scheduled games.
XI. FIELD MANAGER
SGSA shall furnish the Parks and Recreation Department the names and telephone numbers of
persons designated as field managers. It shall be the responsibility of the field manager to
meet with and discuss field conditions with a Parks and Recreation Department representative.
It shall also be the responsibility of the field manager to submit a work order form to the Parks
and Recreation Department to request any maintenance not specifically mentioned within this
agreement and/or needed repairs or supplies. The SGSA Field Manager shall meet before
each season with the Parks Supervisor to be briefed on maintenance procedures and
techniques.
XII. INSURANCE
SGSA at its own expense, shall obtain and keep in force during the term of this agreement
public liability insurance as will protect SGSA and CITY from all claims for damages to property
and persons, and such insurance policy shall carry the City of Southlake as an additional
insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to
cover the cost of defense and liability for injuries suffered by competitors in the organized
athletic activity. The insurance shall protect CITY from and against all liability for claims arising
4111° Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
• out of or in connection with SGSA's use and occupation of the premises. SGSA agrees to
procure insurance to cover accident medical expenses for all players. This insurance benefit
will be designed to pay the excess of any expenses payable by other valid and collectible
insurance to an insured person for an injury caused by a covered accident. Such insurance
shall be issued by a company or companies of sound and adequate financial responsibility and
authorized to do business in Texas.
The type and minimum limit of insurance is as follows:
TYPE MINIMUM LIMIT
Comprehensive General $1,000,000 - Combined Single Limit
Public Liability Coverage For Bodily Injury and Property
Damage, or on a Per Occurrence Basis.
All insurance policies shall be subject to the examination and approval of the City Attorney for
Southlake, for their adequacy as to content, protection and named insurance company. SGSA
shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this
Agreement or prior to the commencement of any activities by SGSA at the City of Southlake
Park Facilities and CISD Athletic Facilities, whichever event occurs first. SGSA understands
and agrees that it has the sole responsibility to provide this information and that failure to timely
comply with the requirements under the Article shall be a cause for termination of this
• Agreement.
Insurance required by this Agreement for the CITY as additional insured shall be primary
insurance and not contributing with any other insurance available to CITY under any third party
liability policy.
SGSA further agrees that with respect to the above required insurance, the CITY shall:
A. Be named as an additional insured or an insured, as its interest may
appear.
B. Be provided with a waiver of subrogation, in its favor.
XIII. LIMIT ON HOURS OF PLAY .
SGSA agrees to stop play by 10:30 PM. Special circumstance for tournament play may be
negotiated with city staff. No full inning or session should begin past 10:00 PM.
III
Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
5E -5
•
• XIV. COMMISSIONER
SGSA agrees to provide a league representative on-site at each SGSA organized league or
tournament game held on.the premises.
XV. EXHIBITS
The City and SGSA agree that the exhibits attached to this agreement are incorporated into this
agreement as if set out in their entirety. Exhibits included are:
1. MAINTENANCE EXHIBITS
"A" Maintenance Agreement for Public Fields
2. CLOSURE OF ATHLETIC FIELDS EXHIBITS
"B" Field Inspection and Closure Agreement
3. STORAGE FACILITIES AGREEMENT
"C" City Storage Location Assignments
4. EQUIPMENT AGREEMENT
"D" 1997 Equipment List and Requirements
5. SGSA FIELD REQUIREMENTS
"E" 1997 Field Requirements
• 6. Concession Stand
"F" 1997 Concession
XVI. SCHEDULING
The City reserves the right to utilize the premises when SGSA activities are not scheduled. If
SGSA fails to use the premises for its scheduled activities, this agreement is terminated.
XVII. DEFAULT
If either party, City or SGSA, violates any term of this agreement, either party may find the other
in default and terminate the agreement. Any termination will be made with a thirty (30) day
notice and the right to cure within ten (10) days.
• Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
a
This agreement is made and entered into on the day of ,
1997.
CITY of SOUTHLAKE
by:
Sandra LeGrand, City Secretary Rick Stacy, Mayor
City of Southlake
Approved as to form Debbie Orzech, President
City Attorney Southlake Girls Softball Association
This agreement approved by the Board of Directors, Southlake Girls Softball Association, and
entered into the minutes of the Board meeting held , 1997.
•
Secretary
Southlake Girls Softball Association
IIIRev.Date 1/6/ 7 a e 9 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
5F -i
• .
II
EXHIBIT "A"
MAINTENANCE AGREEMENT FOR PUBLIC FIELDS
1. The Parks and Recreation Department (City) shall maintain at competition quality the infield
and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide
spraying.
2. The City shall perform all pre-season clay and turf maintenance to include adding soil
conditioners, clay renovation, and cutting infield arcs. The City shall also provide clay,
sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary.
3. The City shall drag the infields Monday thru Friday for scheduled league play, weather
permitting. SGSA shall be responsible for dragging fields for all games on Saturdays.
SGSA shall apply water and stripe as required during Saturday games.
4. SGSA shall be responsible for payment of any damage caused to the fields with regards to
the dragging of the infields. This includes but is not limited to sprinklers heads, bases, base
pegs, quick couplers, and the outfield grass apron. SGSA shall leave a space of one (1)
foot between all edges of the outfield when dragging the infield.
S 5. All equipment used by SGSA must be approved by the Parks and Recreation Department
and all users must complete a training course provided by the parks maintenance
employees prior to the beginning of the season. Only users who have attended the training
and signed the waiver with the Parks Department will be able to drag the fields.
6. The City shall mark all foul lines.
7. The City shall maintain all backstops, fences and gates in a safe and secure condition.
SGSA will ensure that the fencing will not be used for warm-up hitting causing damage.
8. The City shall maintain all bleachers and dugouts in a safe and secure condition.
9. The City shall provide and maintain all area and ball field lighting systems.
10.The City shall be responsible for the maintenance of any infield irrigation system and
watering of the infield. If field conditions warrant additional watering, SGSA may water as
needed. City will provide the quick coupler connections to Association at the beginning of
the season.
1111 Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
5E _$
• 11.The City shall be responsible for the maintenance of any outfield and adjacent park irrigation
systems and the watering of the outfield and of non-athletic turf area.
12.The City shall maintain the rest rooms in a safe and sanitary condition.
13.The City shall be responsible for all public scoreboards and the lines leading to the
scoreboards. SGSA shall maintain and provide any repairs to the scoreboard control boxes
and pay for replacement of the scoreboard control boxes if misplaced or lost by SGSA.
Scoreboard control boxes will be distributed through the Parks and Recreation office before
the activity or season begins. Boxes are to be returned to the Parks and Recreation office
within one week of the activity or season's completion.
14.The City shall provide and install the home plate and base pegs.
15.The City shall be responsible for chalking of baselines and any other field markings
necessary for scheduled league play, Monday through Friday. The City shall provide line
chalk for the purposes of completing these markings only on fields maintained and
scheduled through the City. SGSA may drag and line fields between games as necessary.
SGSA shall provide line chalk for its own additional uses and may line fields as needed in
addition to the above. SGSA shall provide necessary maintenance equipment for its use.
Maintenance procedures and equipment should conform to City approval and field
IIImaintenance guidelines. The city shall provide 40 bags of chalk for the spring season and
25 bags of chalk for the fall season for striping of the infields. Any additional bags of chalk
must be purchased by SGSA for the remainder of the season.
16.SGSA shall place bases and pitchers rubbers for each game. (City will provide bases and
pitchers rubber for each field. Bases will be labeled City-SBA or City SGSA.) The City will
install and maintain base pegs in ground, and provide necessary tools. If bases are stolen
or lost, the association is responsible for replacement. SGSA will request and instruct
coaches to remove and store bases and pitching rubber following completion of each day's
play. At the end of the season, each association will return to the City one set of bases and
pitching rubber for each field.
17.SGSA shall be responsible for daily game day collection of all litter on their fields to include
playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent
grounds. All litter shall be placed in the receptacles provided by the City. The City shall
provide pick up for these receptacles. A $100 trash deposit will required by March 15 and
will be refunded at the conclusion of the fall season if the trash agreement has been met by
SGSA.
18.SGSA shall be prohibited from performing any maintenance to any turf or infield areas
(except as stated in #13 above), without permission from the City. ,
IIIRev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
S .
19.SGSA shall ensure that all secured areas remain locked and/or are locked at the completion
of each activity. SGSA shall chain gates to the fields after the conclusion of all practices
and games. The City will provide the Fields Manager keys necessary for emergency access
to main gate(s) and to all field gates.
20.SGSA will provide all necessary maintenance equipment, used for its purposes, not
specifically named in this agreement.
III
. .
•
• Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
5a- 10
S
EXHIBIT "B"
FIELD INSPECTION AND CLOSURE AGREEMENT
Reasons for Athletic Field Closure or Postponement
1. Raining at game time.
2. Playing field too wet.
3. Athletic Fields need to be closed in the interest of participant safety and/or
preservation of good playing surfaces.
CITY Procedures for Athletic Field Closures
(Weekdays)
1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with
the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of
the field(s). The Parks Employee will have sole responsibility for canceling games with
regards to field conditions for weekday games.
2. The Parks and Recreation Department representative will take responsibility for making a
decision based upon field condition or weather.
S3. After games have begun and inclement weather becomes a factor, the umpires and/or
SGSA officials shall follow the same guidelines for deciding cancellation or postponement.
(Weekends)
1. Inspect Athletic Fields by 4:00 PM on Friday.
2. Parks Department employee shall have the sole responsibility of canceling games on the
weekends. Saturday games may be canceled on Friday and if under the discretion of the
Parks Department employee the field conditions warrant this action. The SGSA field
manager will be notified immediately of any:field closures.
3. If a decision at 4:00 PM Friday is not possible, a Parks Department employee will monitor
the weather and field conditions, arrive at the fields by 7:30 am Saturday morning. Status for
Saturday PM games will be reevaluated at 11:30am and the field decision will be made
prior to Noon Saturday. The SGSA field manager will be notified immediately of any field
closures.
• Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
5a - 11
• 4. After games have begun and inclement weather becomes a factor, the umpires and/or
SGSA officials shall follow the same guidelines for deciding cancellation or postponement.
CITY Staff Guidelines for Implementation
1. The primary responsibility, within the Park Maintenance staff, for making field closure
decisions rests with the Parks Supervisor responsible for athletic field maintenance, while
working closely with the SGSA representative.
2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make the
decision concerning Athletic Field Closures.
3. The Park Maintenance Team Leader shall consult with the Parks.Supervisor on any
decision concerning athletic field closures.
4. In the absence of both the Parks Supervisor and the Park Maintenance Team Leader, a
person designated by the Parks Director shall make decisions concerning athletic field
closures.
NOTIFICATIONS
• 1. The appropriate SGSA Field Manager has the responsibility to notify the SGSA and the
participants about the field closure decision.
2. The city staff will place notification of field conditions on the "field condition" phone line
(481-5581 ext. 758 ) by 4:00 PM on.weekdays and 9:00 am on weekends when activities '
are scheduled.
3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled
games by SGSA. If 24 hour notice is not received the city will not prepare fields for
use.
4. If a game is canceled due to rain, that game cannot be moved to another field without the
approval of the Recreation Supervisor.
5. Associations are required to comply with and enforce all field signage posted on the
fields to include the following "No Trespass" signage:
a) Fields #2 and #3
"Entry beyond this point is forbidden except for persons in City-Sponsored
Leagues or City Co-Sponsored athletic events. Violators will be arrested and
prosecuted pursuant to Texas Penal Code§30.05." (Up to $500 fine)
IIIRev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
5 a - 12-
• b) Fields #1
"Game Field Only - Entry upon this field is restricted to City Sponsored League
Play or City Co-sponsored Athletic Events. Entry by others is forbidden..
Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05."
(Up to $500 fine)
c) Rain-outs
"CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested
and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine)
III
SRev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 16
Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
5E — i3
EXHIBIT "C"
STORAGE FACILITIES AGREEMENT
• 1. SGSA shall have use of the storage area located at Field #2 at Bicentennial Park. This
storage building will be shared with the CISD Softball Program & Southlake Parks &
Recreation Department.
2. The term of this agreement for storage usage shall be from January 1 through December 31
of year of the Facilities Agreement.
3. SGSA shall provide own security lock and provide City and CISD with a key allowing access
in order to restock supplies needed by SGSA.
4. City storage areas are reserved for City purposes only and access is limited to City
personnel.
•
•
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Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
EXHIBIT "D"
1996 EQUIPMENT LIST AND REQUIREMENTS
S1. The SGSA will be given the following equipment for use on Fields #1 thru #3 at Bicentennial
Park:
Equipment Condition
3 Sets of Hollywood Style Bases Good
2 Double First Base Good
1 Double First Base Tie Down Good
2 Pitching Rubbers Good
2 Pitching Rubbers-Youth Good
3 Clean Out Tools • Good
9 Field Plugs Good
2. The above mentioned equipment will be distributed to SGSA at the start of the
season and must be returned within one week of the end of the season. If any
equipment is missing or damaged, SGSA is held responsible for the replacement of the
missing or damaged equipment.
3. Keys will be distributed to SGSA at the beginning of the season to the main
gates, fields, lights, and buildings. These keys must be returned to the parks and recreation
office within one week of the conclusion of the season.
S 4. SGSA is responsible for the care of all keys distributed to them. If a key is
misplaced or lost, SGSA will be responsible for any costs involved with changing the locks.
S
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Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
• DRAFT DRAFT
EXHIBIT "E"
1997 FIELD REQUIREMENTS
SPRING
Division Opening Estimated League Weeks of Weeks of Practices
Day Teams Games Season Tournament per Week
8's 3/29/97 8 14 10 4 1
10's 3/29/97 8 14 10 4 2
12's 3/29/97 8 14 10 4 2
14's 3/29/97 6 15 10 4 2
16's 3/29/97 4 12 9 4 2
FIELD REQUIREMENTS:
Fields Practice Dates Game Dates
Bicentennial #1 No Practices -Game field 3/29/97 thru 6/30/97
only
S Bicentennial #2 2/8, 2/15, 2/22 3/29/97 thru 6/30/97
2/23/97 thru 6/30/97
Bicentennial #3 2/8, 2/15, 2/22 3/29/97 thru 6/30/97
2/23/97 thru 6/30/97
Carroll Intermediate 2/23/97 thru 6/30/97
Country Walk #2 & #4 2/23/97 thru 6/30/97
Durham Elementary #1 2/23/97 thru 6/30/97
•
S
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Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
EXHIBIT "F"
• 1997 CONCESSION AGREEMENT
The parties to this request which are in understanding and agreement are the City of
Southlake, Texas, herein called "City", and the Southlake Girls Softball Association, herein
called "SGSA."
The parties agree and understand to the following:
1. SGSA will at all times during the term of this agreement maintain the concession stand
in a sanitary manner in compliance with City, County and State statutes and
ordinances. •
2. SGSA is responsible to ensure that the concession pass inspection by the County
Health Department and that the health permit issued be posted in the concession
stand.
3. SGSA shall clear the area of all trash, garbage, paper, containers, litter, etc.'generated
by the concession stand. A dumpster and trash receptacles are furnished by the City.
4. The City will furnish SGSA one key to the concession stand. This key must be returned to
the Parks and Recreation office within one week after the conclusion of the season.
5. The City shall be responsible for all water and electric bills for the concessions stand.
6. The City shall be responsible for underground utility line and pipes leading to and from
the concession stand. The City is responsible for the building structure of the concession
stand. The City shall be responsible for any mechanical maintenance or repairs on city
S
owned equipment within the concession stand.
7. SGSA shall be responsible for keeping on only the essential appliances during non-
operating hours. Only refrigerators, freezers and ice machines may be left on. Air
conditioners and lights shall be turned off when not in use: SGSA shall be responsible
for the upkeep and maintenance of SGSA owned equipment.
8. SGSA shall be responsible for securing insurance for any inventory owned by
Association. The City will not allow unsupervised admission to the concession stand
during non use hours by SGSA.
9. The City Reserves the right to utilize the concession stand when not in use by SGSA. City
agrees to provide 72 hour notice to SGSA prior to such use.
10.The City agrees to not allow harvesting of the ice machine on days with scheduled
SGSA games. -
11.The attachment "1997 Concessions Agreement" is for the concession stand located at 400
N. White Chapel.
Term of this agreement is from March 23, 1997 to November 15, 1997.
S .•
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Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION
SGSA FIELD RESERVATION SCHEDULE
• SPRING 1997
FIELD DATES TIME
Bicentennial Park Field #1 3/29-4/11 Sat. & Sun. 8am-10:30pm
M, W, TH 6:30pm-10:30pm
4/12-6/30 M-F 4pm-10:30pm
Sat. & Sun. 8am-10:30pm
There may be a possiblity of CHS
hosting a playoff game at the end of
the season. Dates TBA.
Bicentennial Park Field#2 2/8, 2/15, 2/22 8am-10:30pm
2/23-4/11 M-F 6pm-10:30pm
Saturdays 8am-10:30pm
Sundays 8am-10:30pm
Field#2 is closed for CHS Softball
• on 2/27, 2/28, 3/7
• 4/12-6/30 M-F 4pm-10:30pm
Sat. & Sun. 8am-10:30pm
Bicentennial Park Field #3 2/8, 2/15, 2/22 8am-10:30pm
2/23-6/30 M-F 4pm-10:30pm
Saturdays 8am-10:30pm
Sundays 8am-10:30pm
Carroll Intermediate Game Field 2/23-6/30 T, Th, F 4pm-dark
Sat. & Sun. 12pm-dark
Country Walk Field#2 & #4 2/23-6/30 M-F 4pm-dark
Sat. & Sun. 8am-dark
Durham Elementary#1 2/23-6/30 M-F 4pm-dark
Sat. & Sun. 8am-dark
5a - 1
City of Southlake,Texas
• MEMORANDUM
January 16, 1997
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
RE: Authorize the Mayor to enter into a Facilities Utilization Agreement between
the City of Southlake and Southlake Baseball Association
As you know, the City annually enters into Facility Utilization Agreements with our local youth
sports associations. This agreement outlines dates and location of practices and games of each youth
association. It also outlines the responsibilities of the City and the Association in terms of
maintenance, storage, equipment and concessions. These agreements are negotiated each year with
the Parks and Recreation staff and the association's officers.
The Parks and Recreation Board reviews the agreements and recommends action to the City Council.
Due to the weather,the Parks and Recreation Board rescheduled their regular meeting to Monday,
January 20,where they will act on these agreements. This is the third year for this process,and only
S minor changes have been made and the youth associations are in agreement with the changes;
therefore, a recommendation for approval is expected from the Parks and Recreation Board.
The City Attorney is reviewing the agreements.
Please put an item on the January 21 City Council agenda for City Council to authorize the Mayor
to enter into a Facilities Utilization Agreement between the City of Southlake and Southlake
Baseball Association.
If you have any questions please call me at 481-5581 extension 757.
wAL
KML
FACILITIES UTILIZATION AGREEMENT •
The parties to this agreement are the City of Southlake, Texas, herein called "City", and
the Southlake Baseball Association. herein called "SBA".
FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties
agree as follows:
I. PREMISES
City agrees to provide game fields,and practice fields as defined by Exhibit "E", SBA
Field requirements. Field requirements and dates for Spring and Fall seasons shall be
provided by SBA to City at least 90 days prior to opening day of a season. Facilities in
Exhibit "E" are herein called "Premises" in accordance with the terms of this agreement.
II. SEASONS AND HOURS
The seasons of this agreement shall be annually for Spring Season, Fall Season and
All Stars on the days of Monday through Saturday, with each facility usage to not begin
before 4:00 PM on weekdays or8:00 AM on Saturdays.
The following are approximate dates for significant activities:
Spring Fall
Coach Look February 8 & 22 Third Saturday, August
Practice Begins February 24 Last week of August
Opening Day: •
Bronco, Pony, Shetland •
Pinto, Mustang March 31 First Saturday, September
Colt, Palomino Close of school year First Saturday, September
End of Regular Season Last day in May First Saturday, November
All Stars June, July, first week of August
The facilities provided by this agreement are herein called "Premises" in accordance
with the terms of this agreement. .
r •
• 5F- a . . - .
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
t
•
III. RENEWALIOR TERMINATION
411°
This agreement must be renewed on an annual basis on January 1 of each year, with
SBA having the right of first refusal to enter into a new agreement. ,Changes in the
agreement must be requested 90 days prior to the renewal date by either party.
Written notification by the City must be provided to the President of SBA at their
residence. Written notification by SBA must be provided to the City Manager, City of
Southlake at City Hall. In the event SBA terminates this agreement, SBA will remove
" its own movable equipment which is not of a permanent nature upon non-renewal of
this agreement within thirty (30) days.
IV. FEES AND ASSIGNMENT
SBA shall not charge any fees for admission without prior approval of the Parks and
Recreation Board for any event. (Example: approved tournaments) SBA reserves the
right to request a voluntary donation for admission to events other than regularly
scheduled league games. SBA agrees to provide signs clearly indicating donations are
requested only for the SBA activity occurring on Premises. Access to other Premises ,
activities shall be clearly available. SBA shall not assign this agreement nor shall it
rent out any property of the City without prior written consent of the City.
V. UNLAWFUL ACTIVITIES
go , .
SBA shall not engage in any activities on the premises which are in violation of any
existing state, federal, local law or use the premises in such a manner as to constitute
any hindrance for other park patrons engaged in lawful activities.
VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION
SBA, in accordance with the City's Donation Policy shall submit to the Parks and
Recreation Board for approval any proposal to install or construct temporary or
permanent structures, signs, equipment, or other related items. Permanent structures
. shall become the property of the City., SBA is allowed a maximum of two (2) signs
listing ,SBA sponsors for the current and previous year. Signs are not to exceed the
size of (4 feet by 8 feet). '
VII. INDEMNITY .
SBA shall indemnify and hold harmless the City of Southlake, its agents, officials and
employees from any and all claims for bodily injury, illness, death, personal injury or
" property damage arising out of any negligent act or omission committed by SBA
officials, players, members, officers, or employees of the City in connection with the
activities conducted under this Agreement. This indemnification shall specifically
include any claims arising from the negligence of the City, its agents, officials and
• employees. -
5 F.- 3 •
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
1
Nothing contained herein shall be construed to limit or waive any governmental or
• sovereign immunity of the City of Southlake or any immunity applicable to its officers,
agents, servants or employees, nor shall it be construed to limit or waive any insurance
coverage or the City's status as an additional named insured as provided in paragraph
XII,of this agreement. .
VIII. FOOD SERVICE
All food or drink prepared, served, sold, or stored shall be done so in strict conformity
with all city, state, county and federal law. See attachment"F" for concession stand
uses. -
IX. DOCUMENTS AND OFFICERS
SBA shall submit to the Southlake Parks and Recreation Department a copy of rules
and regulations, charters, constitution, and by-laws of SBA. Names,-addresses and
phone numbers of all officers and board members of SBA shall also be submitted to the
Parks and Recreation Department within two weeks after election or appointment.
Southlake Parks and Recreation Department shall submit to SBA the Names,
addresses and phone numbers of all Parks and Recreation Department supervisors
and managers and Parks Board members within two weeks after election or
• appointment.
X. ROSTERS AND SCHEDULES
SBA shall furnish the Parks and Recreation Department the number of players by age
and division and zip code within one week following Opening Day of each season. A
full schedule for the season will be submitted, if available one full week prior to
Opening Day of each season. If full schedule is not available, SBA will submit one
month's schedule, one full week prior to those scheduled games.
Xl. FIELD MANAGER
SBA shall furnish the Parks.and Recreation Department the names and telephone
numbers of persons designated as field managers. It shall be the responsibility of the
field manager to meet with and discuss field conditions with a Parks and Recreation
Department representative. It shall also be the responsibility of the field manager to
submit a work order form to the Parks and Recreation Department to request any
maintenance not specifically mentioned within this agreement and/or needed repairs or
supplies. The SBA Field Manager shall meet before each season with the Parks
Supervisor to be briefed on maintenance procedures and techniques.
0
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
. XII. INSURANCE
4110
SBA at its own expense, shall obtain and keep in force during the term of this
agreement public liability insurance as will protect SBA and CITY from all claims for
damages to property and persons, and such insurance policy shall carry the City of
Southlake as an additional insured, in an amount of at least one million dollars
($1,000,000) with such policy designed to cover the cost of defense and liability for.
injuries suffered by competitors in the organized athletic activity. The insurance shall
protect CITY from and against all liability for claims arising out of or in connection with
SBA's use and occupation of the premises. SBA agrees to procure insurance to cover
accident.medial expenses for all players. This insurance benefit will be designed to
pay the excess of any expenses payable by other valid and collectible insurance to an
insured person for an injury caused by a covered accident. Such insurance shall be
issued by a company or companies of sound and adequate financial responsibility and
authorized to do business in Texas.
Such insurance shall be issued by a company or companies of sound and adequate
financial responsibility and authorized to do businessin Texas.
The type and limit of insurance is as follows: •
TYPE MINIMUM LIMIT
Comprehensive General $1,000,000-Combined Single Limit Coverage
• Public Liability For Bodily Injury and Property Damage, or
On a Per Occurrence Basis •
All insurance policies shall be subject to the examination and approval of the Office of
the City Manager for Southlake, for their adequacy as to content, protection and named
insurance company. SBA shall furnish to CITY certificates of'such insurance within
(30) thirty days of the execution of this Agreement or prior to the commencement of any
activities by SBA at the City of Southlake Park Facilities, whichever comes first. SBA
understands and agrees that it has the sole responsibility to provide this information
and that failure to timely comply with the requirements under this Article shall be a
cause for termination of this Agreement.
Insurance, required by,this Agreement for the CITY as additional insured shall be
primary insurance and not contributing with any other insurance available to CITY
under any third party liability policy.
SBA further agrees that with respect to the above required insurance, the CITY_'shall:
A. Be named as an additional insured or an insured, as its interest may
• appear. . J F -
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
B. Be provided with a waiver of subrogation, in its favor.
l°
SBA agrees to procure insurance to cover accident medical expenses for all players.
This insurance benefit will be designed to pay the excess of any expenses payable by
other valid and collectible insurance to an insured person for an injury caused by a
covered accident.
•
XIII. LIMIT ON HOURS OF PLAY
SBA agrees to stop play by 10:30 PM. Special circumstance for tournament play may
be negotiated with city staff. No full inning or session should begin past 10:00 PM.
X�IV. COMMISSIONER
SBA agrees to provide a league representative'on-site at each SBA organized league
or tournament game held on the premises. -
XV. EXHIBITS .
The City and SBAagree that the exhibits attached to this agreement are incorporated
into this agreement as if set out in their entirety. Exhibits included are:
•
1. MAINTENANCE EXHIBITS
"A" Maintenance Agreement for Public Fields .
2. CLOSURE OF ATHLETIC FIELDS EXHIBITS
"B" Field Inspection and Closure Agreement ,
3. STORAGE FACILITIES AGREEMENT
"C" -City Storage Location Assignments
4. EQUIPMENT AGREEMENT
"D" 1997 Equipment List and Requirements
5. SBA FIELD REQUIREMENTS
"E" 1997 Field Requirements -
6. Concession Stand -
"F" 1997 Concession -
O 5 F -
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
•
SCHEDULING
SXVI.
, The City reserves the right to utilize the premises when SBA activities are not
scheduled. If SBA fails to use the premises for its scheduled activities, this agreement
is terminated. .
• ' XVII. DEFAULT ,
• If either party, City or SBA, violates any term of this agreement, either party may find
the other in default and terminate the agreement. Any termination will be made with a
thirty (30) day notice and the right to cure within ten (10) days.
This agreement is made and entered into on the day of• ,
1997. '
' CITY of SOUTHLAKE
by: ,
Sandra LeGrand, City Secretary Rick Stacy, Mayor
City of Southlake •
• Approved as to form Jim Thomas, President
City Attorney • Southlake Baseball Association• '
This agreement approved by the Board of Directors, Southlake Baseball Association,
and entered.into the minutes of the Board meeting held , 1997.
- Secretary •
Southlake Baseball Association .
lip �.
F - .
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Print Date 1/9/97 - SOUTHLAKE BASEBALL ASSOCIATION,INC. '
•
EXHIBIT "A"
• MAINTENANCE AGREEMENT FOR PUBLIC FIELDS
1. The Parks and Recreation Department (City) shall maintain at competition quality
the infield and all turf areas in th.e outfield to include mowing, weed control,
fertilizing and herbicide spraying.
2. The City shall perform all pre-season clay and turf maintenance to include adding
soil conditioners, clay renovation, and cutting infield arcs and base paths. The City
shall build the pitcher's mound if needed. The',City shall also provide clay, sand,
soil, etc. to be used in leveling or back filling low areas when deemed necessary.
3. The City shall drag the infields Monday thru Friday for scheduled league play,
weather permitting. SBA shall be responsible for dragging fields for all games on •
Saturdays. SBA shall apply water and stripe as required during Saturday games.
4. SBA shall be responsible for payment of any damage caused to the fields with
regards to the dragging of the infields. This includes but is not limited to sprinklers
heads, bases, base pegs, quick couplers, and the outfield grass apron. SBA shall
leave a space of one (1) foot between all edges of the outfield when dragging the
• infield.
5. All equipment used by SBA must be approved by the Parks and Recreation
Department and all users must complete a training course provided by the parks
maintenance employees prior to the beginning of the season. Only users who have
attended the training and signed the waiver with the Parks"Department will be able
to drag the fields.
6. The City shall mark all foul lines.
7. The City shall maintain all backstops, fences and gates in a safe and secure
condition. SBA will ensure that the fencing will not be used for warm-up hitting
causing damage.
8. The City shall maintain all bleachers and dugouts in a safe and secure condition.
9. The City shall provide and maintain all area and ball field lighting systems. "
10.The City shall be responsible for the maintenance of any infield irrigation system
and watering of the infield. If field conditions warrant additional watering, SBA may
water as needed. City will provide the quick coupler connections to Association at
the beginning of the season.
• 11.The City shall be responsible for the maintenance of any outfield and adjacent park
irrigation systems and the watering of the outfield and of non-athletic turf areas.
5F
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
12.The City shall maintain the rest rooms in a safe and sanitary condition.
•
13.The City shall be responsible for all public scoreboards and the lines leading to the
scoreboards. SBA shall maintain and provide any repairs to the scoreboard control
boxes and pay for replacement of the scoreboard control boxes if misplaced or lost
by SBA. Scoreboard control boxes will be distributed through the Parks and
Recreation office before the activity or season begins. Boxes are to be returned to
the Parks and Recreation office within one week of the activity or season's
completion.
14.The City shall provide and install the home plate and base pegs. .
15.The City shall be responsible for chalking of baselines and any other field markings
necessary for scheduled league play, Monday through Friday. The City shall
provide line chalk for the purposes of completing these markings only on fields
maintained and scheduled through the City. SBA may drag and line fields between
games as necessary. SBA shall provide line.chalk for its own additional uses and
may line fields as needed in addition to the above. SBA shall provide_necessary
maintenance equipment for its use. Maintenance procedures and equipment should
conform to City approval and field maintenance guidelines. The city shall provide
60 bags of chalk for the spring season and 20 bags of chalk for the fall season for
striping of the infields. Any additional bags of chalk must be purchased by SBA for
S the'remainder of the season.
14.SBA shall place bases and pitchers rubbers for each game. (City will provide one
set of bases and one pitcher's rubber for each field. Bases will be labeled City-SBA
or City-SGSA) The City will install and.maintain base pegs in ground, and provide '
necessary tools. If the bases are stolen or lost, the association is responsible for
replacement. For Shetland division, the first base is to be a,league approved
double base. SBA will request and instruct coaches to remove'and store bases and
pitching rubber following completion of each day's play. At the end of the season
each association will return one set of bases and pitching rubber for each field.
15.SBA shall be responsible for daily game day collection of all litter on their fields to
include playing areas, dugouts, fences, backstops, bleachers, concession stands
and adjacent grounds. All litter shall be placed in the receptacles provided by the
City. The City shall provide pick up for these receptacles. A $100 trash deposit will
be required by March 15 and will be refunded at the conclusion of the fall season if
the trash agreement has been met by SBA.
16.SBA shall be prohibited from performing any maintenance to any turf or infield areas
(except as stated in #13 above), without perm_ ission from_the City.
S
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
•
•
17.SBA shall ensure-that all secured areas remain locked and/or are locked at the
• completion of each activity. SBA shall chain gates to the fields after the conclusion
of all practices and games. The City will provide the Fields Manager keys
necessary for emergency access to main gate(s) and to all field gates.
18.SBA will provide all necessary maintenance equipment, used for its purposes, not
specifically named in this agreement.
•
•
•
•,
•
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EXHIBIT "B"
111 FIELD INSPECTION AND CLOSURE AGREEMENT
Reasons for Athletic Field Closure or Postponement
1. Raining at game time.
2. Playing field too wet.
3. Athletic Fields need to be closed in the interest of participant safety and/or
preservation of good playing surfaces.
CITY Procedures for Athletic Field Closures
(Weekdays)
• 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant,
consult with the appropriate SBA Field Manager, Commissioner,'or their designate,
about the status of the field(s). The Parks Employee will have sole responsibility for
canceling games with regards to field conditions for weekday games.
2. The Parks and Recreation Department representative will take responsibility for
making a decision based upon field condition or weather.
3. After games have begun and inclement weather becomes a factor, the umpires
• and/or SBA officials shall follow the same guidelines for deciding cancellation or
postponement.
(Weekends)
•
1. Inspect Athletic Fields by 4:00 PM on Friday.
•
2. Parks Department employee shall have the sole responsibility of canceling games
- on the weekends. Saturday games may canceled on Friday and if under the
discretion of the Parks Department employee the field conditions warrant this
action. The SBA field manager will be notified immediately of any field closures.
3. If a decision at 4:00 PM Friday is not possible, a Parks Department employee will
monitor the weather and field conditions, arrive, at-the fields by 7:30 am Saturday
morning. Status for Saturday PM games will be reevaluated at 11:30am and the'
field decision will be made -prior to Noon Saturday. The SBA field manager will be
notified immediately of any field closures.
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. .
•
4. 'After games have begun,and inclement weather becomes a factor, the umpires
S
and/or SBA officials shall follow the same guidelines for deciding cancellation or
postponement.
CITY Staff Guidelines for Implementation •
1. The primary responsibility, within the Park Maintenance staff, for making field
closure decisions rests with the Parks Supervisor responsible for athletic field
maintenance. '
2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make
the decision concerning Athletic Field Closures.
3. The Park Maintenance Team Leader shall consult with the Parks Supervisor on any
decision concerning athletic field closures.
4. In the absence of both the Parks Supervisor and the Park Team Leader, a.person
designated by the Paks Director shall make decisions concerning athletic field
closures. '
NOTIFICATIONS '
1. The appropriate SBA Field Manager has the responsibility to notify the SBA and the
participants about the field closure decision.
2. The city staff will place notification of field conditions on the "field condition" phone
line (481-5581 ext. 758 ) by 4:00 PM.on weekdays and 9:00 am on weekends when
activities are scheduled.
3. The maintenance crews will require a minimum of 24 hours prior notice of
rescheduled games by SBA. If 24 hour'notice is not received the City will not
prepare fields for use.• -
4. If a game is canceled due to rain, that game cannot be moved to another field
without the approval of the Recreation Supervisor.
5. Associations are required to comply with and enforce all field signage posted on the
fields to include the following "No Trespass" signage:
• . a) Fields #6 thru #9
"Entry beyond this point is forbidden except for persons in City-Sponsored
Leagues or City Co-Sponsored athletic events. Violators will be arrested and
prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine)
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
•
b) Fields#4 and #5 �
• "Game Field Only - Entry upon this field is restricted to City Sponsored League.
Play or City Co-sponsored Athletic Events. Entry by others is forbidden.
Violators will be arrested.and prosecuted pursuant to Texas Penal Code §30.05."
(Up to $500 fine)
c) Rain-outs
"CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested
and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine)
• - - 1
Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 16
, Print Date 1/9/97 • SOUTHLAKE BASEBALL ASSOCIATION,INC.
EXHIBIT "C"
STORAGE FACILITIES AGREEMENT
• 1. SBA shall have use of the storage area located at the new concession building.
This storage are will be shared with the Grapevine Southlake Soccer Association
and Southlake Parks and Recreation.
2. The term of this agreement for storage usage shall be from January 1 through
December 31 of year of the Facilities Agreement.
3. The City will check out a key to SBA at the beginning of the season and the key
must be returned to the Parks and Recreation office within the first week after the
conclusion of the season.
4. City storage areas are reserved for City purposes only and access is limited to City
personnel. ,
•
• • V
• V '
- ) 4
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
f ,
EXHIBIT "D"
• 1997 EQUIPMENT LIST AND REQUIREMENTS
1. The SBA will be given the following equipment for use on Fields #1 thru 9 at
Bicentennial Park:
Equipment Condition
4 Sets of Hollywood Style Bases Good
2 Sets Tie Down Bases Good
4 Pitching Rubbers - Good
2 Pitching Rubbers-Youth Good •
6 Clean Out Tools • Good
18 Field Plugs Good
2. The above mentioned equipment will be distributed to SBA at the start of the-
season and must be returned within one week of the end of the season. If any
equipment is missing or damaged, SBA is held responsible for the replacement of
the missing or damaged equipment.
3. Keys will be distributed to SBA at the beginning of the season to the main
gates, fields, lights, and buildings. These keys must be returned to the parks and
recreation office within one week of the conclusion of the season.
4. SBA is responsible for the care of all keys distributed to them. If a key is misplaced
or lost, SBA will be responsible for any costs involved with changing the locks.
•
•
•
p - I5
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Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. •
EXHIBIT "E"`
. 0 1997 FIELD REQUIREMENTS
SPRING -
Division Opening Estimated League Weeks of Weeks of Practices
Day Teams Games Season Tournament per Week
SHETLAND 3/31/97 14 8 8 2 1
PINTO 3/31/97 20 12 9 2 1.5
MUSTANG 3/31/97 18 14 9 2 1.5
BRONCO 3/31/97 13 16 10 2 2
PONY 3/31/97 12. 18 10 2 2 .
COLT 6/1/97 3 16 8 - 2 1
FIELD REQUIREMENTS:
Fields Practice Dates Game Dates
Pinto #4 . Games Only-No Practice 3/31 thru 5/31
Pinto #5 Games Only-No Practice 3/31 thru 5/31
S
Bicentennial #6 2/8 & 2/22 3/31 thru 5/31
2/24 thru 5/31
Bicentennial #7 2/8 & 2/22 3/31 thru 5/31
2/24 thru 5/31
Bicentennial #8, 2/8 & 2/22 3/31 thru 5/31
2/24 thru 5/31
Bicentennial #9 2/8 & 2/22 3/31 thru 5/31
2/24 thru 5/31
Carroll Intermediate 2/24 thru 5/31 Practice only
Durham #2 2/24 thru 5/31 3/31 thru 5/31
Country Walk #1 & 3 2/24 thru 5/31 3/31 thru 5/31
0 •
, , .
5 - F - 140
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t ,
EXHIBIT "F" .
1997 CONCESSION AGREEMENT.
e parties to this request which are in understanding and agreement are the City of Southlake,
410
Texas, herein called "City", and the Southlake Baseball Association, herein called"SBA."
The parties agree and understand to the following:
1. SBA will at all times during the term of this agreement maintain the concession stand in a sanitary
manner in compliance with City, County and State statutes and ordinances.
2. SBA is responsible to ensure that the concession pass inspection by the County Health •
Department and that the health permit issued be posted in the concession stand.
3. SBA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the
concession stand. A dumpster and trash receptacles are furnished by the City.
4. The City will furnish SBA one key to the concession.stand. This key must be returned to the
Parks and Recreation office within one week after-the conclusion of the season.
5. The City shall be responsible for all water and electric bills for the concessions stand.
6. The City shall be responsible for underground utility line and pipes leading to and from the _
concession stand. The City is responsible for the building structure of the concession stand. The
City shall be responsible for any mechanical maintenance or repairs on city owned equipment
within the concession stand.
7. SBA shall be responsible for keeping on only the essential appliances during non-operating
hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights
shall be turned off when not in use. SBA shall be responsible for the upkeep and maintenance of
SBA owned equipment. ,
8. SBA shall be responsible for securing insurance for any inventory owned by Association. The
City will not allow unsupervised admission to the concession stand during non use hours by
SBA.
9. The City Reserves the right to utilize the concession stand when not in use by SBA. City agrees
to provide 72 hour notice to SBA prior to such use.
10.The City agrees to not allow harvesting of the ice machine on days with scheduled SBA games.
11.The attachment "1997 Concessions Agreement" is for the concession stand located at 450 W.
,Southlake Blvd.
Term of this agreement is from March 31, 1997 to November 15, 1997.
•
5P. - 17
Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 16 OF 16
Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC.
• SBA FIELD RESERVATION SCHEDULE
SPRING 1997
•
FIELD DATES TIME
Bicentennial Park Field#4 3/31 thru 5/31 M-F 4pm-dark •
Sat. & Sun. 8am-dark
Bicentennial Park Field#5 3/31 thru 5/31 M-F 4pm-dark
Sat. & Sun. 8am-dark
Bicentennial Park Field #6 - 2/8 & 2/22 8am-10:30pm
2/24-5/31 M-F 4pm-10:3Opm
Sat. & Sun. 8am-10:30pm
Bicentennial Park Field #7 2/8 & 2/22 8am-10:30pm
2/24-5/31 M-F 4pm-10:30pm
Sat. & Sun. 8am-10:30pm
•ennial Park.Field#8 V 2/8 '& 2/22 8am-10:30pm
2/24-5/31 _ M-F 4pm-10:30pm
Sat. & Sun. 8am-10:30pm •
Bicentennial Park Field#9 2/8 & 2/22 - 8am-10:30pm
2/24-5/31 M-F 4,pm-10:30pm
Sat. & Sun. 8am-10:30pm
Country Walk Field#1 & 3 2/24-5/31 M-F 4pm-dark
Sat. & Sun. 8am-dark
Durham Elementary#2 2/24-5/31 M-F 4pm-dark
Sat. & Sun. 8am-dark
Carroll Intermediate 2/24-5/31 M& W 4pm-dark
Sat. & Sun. 8am-noon
6_ F 8
City of South lake,Texas
• MEMORANDUM
January 16, 1997
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
RE: Authorize the Mayor to enter into a Facilities Utilization Agreement between
the City of Southlake and Grapevine/Southlake Soccer Association
As you know, the City annually enters into Facility Utilization Agreements with our local youth
sports associations. This agreement outlines dates and location of practices and games of each youth
association. It also outlines the responsibilities of the City and the Association in terms of
maintenance, storage, equipment and concessions. These agreements are negotiated each year with
the Parks and Recreation staff and the association's officers.
The Parks and Recreation Board reviews the agreements and recommends action to the City Council.
Due to the weather,the Parks and Recreation Board rescheduled their regular meeting to Monday,
January 20,where they will act on these agreements. This is the third year for this process, and only
0 minor changes have been made and the youth associations are in agreement with the changes;
therefore, a recommendation for approval is expected from the Parks and Recreation Board.
The City Attorney is reviewing the agreements.
Please put an item on the January 21 City Council agenda for City Council to authorize the Mayor
to enter into a Facilities Utilization Agreement between the City of Southlake and
Grapevine/Southlake Soccer Association.
If you have any questions please call me at 481-5581 extension 757.
eWIL-
KML
• FACILITIES UTILIZATION AGREEMENT
The parties to this agreement are the City of Southlake, Texas, herein called "City", and
the Grapevine-Southlake Soccer Association. herein called "GSSA".
FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties
agree as follows:
I. PREMISES
City agrees to provide game fields and practice fields as defined by Exhibit "D", GSSA
Field,requirements. Field requirements and dates for Spring and Fall seasons shall be
provided by GSSA to City at least 90 days prior to opening day of a season. Facilities
in Exhibit "D" are herein called "Premises" in accordance with the terms of this
agreement.
II. SEASONS AND HOURS
The seasons of this agreement shall be annually for Spring Season, Fall Season and
tournaments on the days of Monday through Saturday, with each facility, usage to not
• begin before 4:00 PM on weekdays or 8:00 AM on Saturdays.
The following are approximate dates for significant activities:
Spring Fall
Practice Begins February 3 Last week of August
Opening Day March 1 First Saturday, September
End of Regular Season Last weekend in April Second Saturday, November
Tournament Play April 28 thru May 3
III. RENEWAL OR TERMINATION
This agreement must be renewed on an annual basis on January 1 of each year, with
GSSA having the right of first refusal to enter into a new agreement. Changes in the
agreement must be requested 90 days prior to the renewal date by either party.
Written notification by the City must be provided to the President of GSSA at their
residence. Written notification by GSSA must be provided to the City Manager, City of
Southlake at City Hall. In the event GSSA terminates this agreement, GSSA will
remove its own movable equipment which is not of a permanent nature upon non-
renewal of this agreement within thirty (30) days.
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,
IIIIV. FEES AND ASSIGNMENT
GSSA shall not charge any fees for admission without prior approval of the Parks and
Recreation Board for any event. (Example: approved tournaments) GSSA reserves
the right to request a voluntary donation for admission to events other than regularly
scheduled league games. GSSA agrees to provide signs clearly indicating donations
are requested only for the GSSA activity occurring on Premises. Access to other
Premises activities shall be clearly available. GSSA shall not assign this agreement
nor shall it rent out any property of the City without prior written consent of the City.
V. UNLAWFUL ACTIVITIES
GSSA shall not engage in any activities on the premises which are in violation of any
existing state, federal, local law or use the premises in such a manner as to constitute
any hindrance for other park patrons engaged in lawful activities.
VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION
GSSA, in accordance with the City's Donation Policy shall submit to the Parks and
Recreation Board for approval any proposal to install or construct temporary or
permanent structures, signs, equipment, or other related items. Permanent structures
shall become the property of the City. GSSA is allowed a maximum of two (2) signs
• listing GSSA sponsors for the current and previous year. Signs are not to exceed the
size of (4 feet by 8 feet).
VII. INDEMNITY
GSSA shall indemnify and hold harmless the City of Southlake, its agents, officials and
employees from any and all claims for bodily injury, illness, death, personal injury or
property damage arising out of any negligent act or omission committed by GSSA
officials, players, members, officers, or employees of the City in connection with the
activities conducted under this Agreement. This indemnification shall specifically
include any claims arising from the negligence of the City, its agents, officials and
employees.
Nothing contained herein shall be construed to limit or waive any governmental or
sovereign immunity of the City of Southlake or any immunity applicable to its officers,
agents, servants or employees, nor shall it be construed to limit or waive any insurance
coverage or the City's status as an additional named insured as provided in paragraph
XII of this agreement.
� C - 3
• Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 12
Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
IIVIII. FOOD SERVICE
All food or drink prepared, served, sold, or stored shall be done so in strict conformity
with all city, state, county and federal law.
IX. DOCUMENTS AND OFFICERS
GSSA shall submit to the Southlake Parks and Recreation Department a copy of rules
and regulations, charters, constitution, and by-laws of GSSA. Names, addresses and
phone numbers of all officers and board members of GSSA shall also be submitted to
the Parks and Recreation Department within two weeks after election or appointment.
Southlake Parks and Recreation Department shall submit to GSSA the Names,
addresses and phone numbers of all Parks and Recreation Department supervisors
and directors and Parks Board members within two weeks after election or
appointment.
X. ROSTERS AND SCHEDULES
GSSA shall furnish the Parks and Recreation Department the number of players by age
and division and zip code within one week following Opening Day of each season. A
full schedule for the season will be submitted, if available one full week prior to
• Opening Day of each season. If full schedule is not available, GSSA will submit one
month's schedule, one full week prior to those scheduled games.
Xl. FIELD MANAGER
GSSA shall furnish the Parks and Recreation Department the names and telephone
numbers of persons designated as field managers. It shall be the responsibility of the
field manager to meet with and discuss field conditions with a Parks and Recreation
Department representative. It shall also be the responsibility of the field manager to
submit a work order form to the Parks and Recreation Department to request any
maintenance not specifically mentioned within this agreement and/or needed repairs or
supplies. The GSSA Field Manager shall meet before each season with the Parks
Supervisor to be briefed on maintenance procedures and techniques.
XII. INSURANCE
GSSA at its own expense, shall obtain and keep in force during the term of this
agreement public liability insurance as will protect GSSA and CITY from all claims for
damages to property and persons, and such insurance policy shall carry the City of
Southlake as an additional insured, in an amount of at least one million dollars
($1,000,000) with such policy designed to cover the cost of defense and liability for
4111 Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 3.OF 12
Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
,
S injuries suffered by competitors in the organized athletic activity. The insurance shall
protect CITY from and against all liability for claims arising out of or in connection with
GSSA's use and occupation of the premises. GSSA agrees to procure insurance to
cover accident medical expenses for all players. This insurance benefit will be
designed to pay the excess of any expenses payable by other valid and collectible
insurance to an insured person for an injury caused by a covered accident. Such
insurance shall be issued by a company or companies of sound and adequate financial
responsibility and authorized to do business in Texas.
The type and minimum limit of insurance is as follows:
TYPE MINIMUM LIMIT
Comprehensive General $1,000,000 - Combined Single Limit
Public Liability Coverage For Bodily Injury and Property
Damage, or on a Per Occurrence Basis.
All insurance policies shall be subject to the examination and approval of the City
Attorney for Southlake, for their adequacy as to content, protection and named
insurance company. GSSA shall furnish to CITY certificates of such insurance within
(30) thirty days of the execution of this Agreement or prior to the commencement of any
activities by GSSA at the City of Southlake Park Facilities and CISD Athletic Facilities,
whichever event occurs first. GSSA understands and agrees that it has the sole
S
responsibility to provide this information and that failure to timely comply with the
requirements under the Article shall be a cause for termination of this Agreement.
Insurance required by this Agreement for the CITY as additional insured shall be
primary insurance and not contributing with any other insurance available to CITY
under any third party liability policy. .
GSSA further agrees that with respect to the above required insurance, the CITY shall:
A. Be named as an additional insured or an insured, as its interest may
appear.
B. Be provided with a waiver of subrogation, in its favor.
XIII. LIMIT ON HOURS OF PLAY
GSSA agrees to stop play by 10:30 PM. Special circumstance for tournament play may
be negotiated with city staff. No play should begin past 10:00 PM.
•
III563- - 5
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Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION .
•
• XIV. COMMISSIONER
GSSA agrees to provide a league representative on-site at each GSSA organized
league or tournament game held on the premises.
XV. EXHIBITS
The City and GSSA agree that the exhibits attached to this agreement are incorporated
into this agreement as if set out in their entirety. Exhibits included are:
1. MAINTENANCE EXHIBITS
"A" Maintenance Agreement for Public Fields
2. CLOSURE OF ATHLETIC FIELDS EXHIBITS
"B" Field Inspection and Closure Agreement
3. STORAGE FACILITIES AGREEMENT
"C" City Storage Location Assignments
4. GSSA FIELD REQUIREMENTS
"D" 1997 Field Requirements
IIIXVI. SCHEDULING
The City.reserves the right to utilize the premises when GSSA activities are not
scheduled. If GSSA fails to use the premises for its scheduled activities, this
agreement is terminated.
XVII. DEFAULT
If either party; City or GSSA, violates any term of this agreement, either party may find
the other in default and terminate the agreement. Any termination will be made with a
thirty (30) day notice and the right to cure within ten (10) days.
5-6 - ,
• Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 12
Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
S
This agreement is made and entered into on the day of ,
1997.
CITY of SOUTHLAKE
by:
Sandra LeGrand, City Secretary Rick Stacy, Mayor
City of Southlake
Approved as to form John Levitt, President
City Attorney Grapevine-Southlake Soccer Association
This agreement approved by the Board of Directors, Grapevine-Southlake Soccer
Association, and entered into the minutes of the Board meeting held ,
1997.
S .
Secretary
Grapevine-Southlake Soccer Association
• Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 12
Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
S EXHIBIT "A"
MAINTENANCE AGREEMENT FOR PUBLIC FIELDS
1. The Parks and Recreation Department (City) shall maintain at competition quality all
turf areas to include mowing, weed control, fertilizing and herbicide spraying.
2. The City shall perform all pre-season turf maintenance to include top dressing and
cutting field marking lines. '
3. The City shall mark field lines when necessary for scheduled league play.
4. The City shall provide line chalk/paint for completing markings only on fields
maintained and scheduled through the City. GSSA shall provide line chalk/paint for
its own additional uses and may line fields as needed in addition to the above.
5. The City shall maintain all goals and fences in a safe and secure condition.
6. The City shall maintain all bleachers and benches in a safe and secure condition.
• 7. The City shall be responsible for the maintenance of any turf irrigation system and
watering of the field.
• 8. The City shall be responsible for the maintenance of any adjacent park irrigation
systems and the watering of non-athletic turf areas.
9. The City shall maintain the rest rooms in a safe and sanitary condition.
• 10.The City will install and maintain goals. The GSSA is responsible for the set up and
removal of goal nets and corner flags for all practices and games.
11.GSSA shall be responsible for daily practice and game day collection of all litter on
their fields to include playing areas, fences, bleachers, concession stands and
adjacent grounds. All litter shall be placed in the receptacles provided by the City.
The City shall provide pick up for these receptacles. Any overflow trash resulting
from concession use should be placed in the "dumpster" receptacle.
12.GSSA shall be prohibited from performing any maintenance to any turf areas without
permission from the City.
13. GSSA will provide all necessary maintenance equipment, used for its purposes, not
specifically named in this agreement.
IIIRev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 12
Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
S
EXHIBIT "B"
FIELD INSPECTION AND CLOSURE AGREEMENT
Reasons for Athletic Field Closure or Postponement
1. Raining at game time.
2. Playing field too wet. -
3. Athletic Fields need to be closed in the interest of participant safety and/or
preservation of good playing surfaces.
CITY Procedures for Athletic Field Closures
(Weekdays)
1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant,
consult with the appropriate GSSA Field Manager, Commissioner, or their
designate, about the status of the field(s). The Parks Employee will have sole
responsibility for canceling games with regards to field conditions for weekday
games.
2. The Parks and Recreation Department representative will take responsibility for
making a decision based upon field condition or weather.
III3. After games have begun and inclement weather becomes a factor, the umpires
and/or GSSA officials shall follow the same guidelines for deciding cancellation or
postponement.
(Weekends)
1. Inspect Athletic Fields by 4:00 PM on Friday.
2. Parks Department employee shall have sole responsibility of canceling games on
the weekends. Saturday games may be canceled on Friday and if under the
discretion of the Parks Department employee the field conditions warrant this
action. The GSSA field manager will be notified immediately of any field closures.
3. If a decision at 4:00 PM Friday is not possible, a Parks Department employee will
monitor the weather and field conditions, arrive at the fields by 7:30 am Saturday
morning. The Parks employee will make a decision by 8:00am and will notify the
GSSA field manager of any field closures.
ORev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 12
Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
• CITY Staff Guidelines for Implementation
1. The primary responsibility, within the Park Maintenance staff, for making field
closure decisions rests with the Parks Supervisor responsible for athletic field
maintenance, while working closely with the GSSA representative.
2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make
the decision concerning Athletic Field Closures.
3. The Park Maintenance Team Leader shall consult with the Parks Supervisor on any
decision concerning athletic field closures.
4. In the absence of both the Parks Supervisor and the Park Maintenance Team
Leader, a person designated by the Parks Director shall make decisions concerning
athletic field closures.
NOTIFICATIONS
1. The appropriate GSSA Field Manager has the responsibility to notify the GSSA and
the participants about the field closure decision.
S 2. The city staff will place notification of field conditions on the "field condition" phone
line (481-5581 ext. 758 ) by 4:00 PM on weekdays and 9:00 am on weekends when
activities are scheduled.
3. The maintenance crews will require a minimum of 24 hours prior notice of
rescheduled games by GSSA. If 24 hour notice is not received the City will not
prepare fields for use.
4. Associations are required to comply with and enforce all field signage posted on the
fields to include the following "No Trespass" signage:
a) Fields #1 thru #5
"Entry beyond this point is forbidden except for persons in City-Sponsored
Leagues or City Co-Sponsored athletic events. Violators will be arrested and
prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine)
b) Fields #1 and #5
"Game Field Only - Entry upon this field is restricted to City Sponsored League
Play or City Co-sponsored Athletic Events. Entry by others is forbidden.
Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05."
(Up to $500 fine)
IIIb _ 1 0
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Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
c) Rain-outs
"CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested
• and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine)
•
•
•
564 - 11
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Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
•
EXHIBIT "C"
STORAGE FACILITIES AGREEMENT
• 1. GSSA shall have use of the storage area located at the new concession building.
This storage facility will be shared with the Southlake Baseball Association and
Southlake Parks & Recreation.
2. The term of this agreement for storage usage shall be from January 1 through
December 31 of year of Facilities Agreement.
3. The City will check out a key to GSSA at the beginning of the season and the key
must be returned to the Parks and Recreation office within the first week after the
conclusion of the season. •
4. City storage areas are reserved for City purposes only and access is limited to City
personnel.
•
III
III
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Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
DRAFT DRAFT
EXHIBIT "D"
1997 FIELD REQUIREMENTS
SPRING
Division Opening Estimated League Weeks of Weeks of Practices
Day Teams Games Season Tournament per Week
U6 3/1/97 45
U8 3/1/97 50 •
U 10 3/1/97 30
U12 3/1/97 21
U14 3/1/97 8
U16 3/1/97 3
FIELD REQUIREMENTS:
Fields Practice Dates Game Dates
Bicentennial Soccer 2/3/97 thru 5/4/97 3/1/97 thru 5/4/97
#1,2, 3, 4 & 5 6/6/97 thru 6/8/97 6/6/97 thru 6/8/97
• Carroll Elementary School 2/3/97 thru 5/4/97
Soccer Practice Area 6/6/97 thru 6/8/97
Johnson Elementary School 2/3/97 thru 5/4/97
Soccer Practice Area 6/6/97 thru 6/8/97
Carroll Intermediate School 2/3/97 thru 5/4/97
Practice area by bus barn 6/6/97 thru 6/8/97
Durham Elementary #1 & #2 2/3/97 thru 6/8/97
6/6/97 thru 6/8/97
•
5 67 - 13
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Print Date 1/9/97 GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION
GSSA FIELD RESERVATION SCHEDULE
• SPRING 1997
FIELD DATES TIME
Bicentennial Park Soccer Fields# 1-5 2/3-5/4 & 6/6-6/8 M-F 4pm-dark
Sat. & Sun 8am-dark
Carroll Elementary School Soccer 2/3-5/4 & 6/6-6/8 M-F 4pm-dark
Practice Area Sat. & Sun 8am-dark
Johnson Elementary School Soccer 2/3-5/4 & 6/6-6/8 M-F 4pm-dark
Practice Area Sat. & Sun 8am-dark
Durham Elementary#1  2/3-5/4 & 6/6-6/8 M-F 4pm-dark
Sat. & Sun 8am-dark
Carroll Intermediate School 2/3-5/4 & 6/6-6/8 M-F 4pm-dark
Practice Area by Bus Barn Sat. & Sun. 8am-dark
•
•
5c - 14
City of Southlake,Texas
MEMORANDUM
January 16, 1997
TO: Curtis E. Hawk, City Manager
FROM: Lauren Safranek, Human Resources Administrator
SUBJECT: Resolution Adopting The City Of Southlake Flexible Employee benefits Plan,
Dependent Care Assistance Plan, and Medical Care Reimbursement Plan
As you are aware, on November 26, 1996, the City Council approved a service agreement with
FlexCorp to administer the City's 125 flexible benefits plan. As part of the process for
establishing a 125 flexible benefits plan, the City Council must approve the plan documents.
Therefore, I have attached a resolution for the Council's approval to allow the City Manager to
adopt the plan documents.
Plan documents have been developed for the City of Southlake Flexible Employee Benefit Plan,
Dependent Care Assistance Plan, and Medical Care Reimbursement Plan to satisfy the
requirements of Section 125, 105, and 129 of the Internal Revenue Code of 1986. These plans
have been reviewed and approved by legal counsel. The plan documents are voluminous and
therefore, a summary plan document has been attached for the City Council's review. However,
if a Council member wishes to review the plan documents in their entirety, copies are available
in my office.
Please place this item on the January 21, 1997 City Council agenda for approval. Please feel free
to call me at ext. 836 with any questions you may have.
LDS
SN-I
City of South lake,Texas
RESOLUTION NO. 97-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, ADOPTING THE CITY OF SOUTHLAKE FLEXIBLE EMPLOYEE
BENEFITS PLAN, DEPENDENT CARE ASSISTANCE PLAN, AND MEDICAL
CARE REIMBURSEMENT PLAN EFFECTIVE JANUARY 1, 1997; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID
DOCUMENTS AND SUCH OTHER INSTRUMENTS AS MAY BE REQUIRED IN
ORDER TO MAKE SAID PLANS EFFECTIVE ACCORDING TO THEIR TERMS.
WHEREAS, the City of Southlake, after due consideration has decided to establish a Cafeteria
Plan for the benefit of eligible employees of the Employer which is intended to satisfy the requirements
of Section 125 of the Internal Revenue Code of 1986 (the "Code"), effective January 1, 1997; and
WHEREAS, the City of Southlake Flexible Employee Benefit Plan, designed to satisfy the
requirements of Section 125 of the Code, the City of Southlake Medical Reimbursement Plan and
Dependent Care Assistance Plan, which constitute separate written plans under Section 105 and Section
129 of the Code, respectively, are offered as benefits under the Flexible Employee Benefit Plan which
the City deems will be in the best interest of the City and its eligible employees; and
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1: The above premises are found to be true and correct and incorporated into the body of this
resolution as if copied.in their entirety.
Section 2: That the City of Southlake hereby adopts the City of Southlake Flexible Employee Benefit
Plan, Dependent Care Assistance Plan, and Medical Care Reimbursement Plan effective January 1,
1997, and hereby authorizes and directs the City Manager to execute said documents and such other
instruments as may be required in order to make said plans effective according to their terms, and any
amendments to the plans, necessary to comply with the Code.
Section 3: In accordance with the terms of the above-described Plans, the City Council hereby
approves the City Manager's appointment of the following individuals to serve on the Employee
Benefits Committee: Lou Ann Heath, Director of Finance, and Lauren Safranek, Human Resources
Administrator, as members; and Curtis E. Hawk, City Manager, as chairperson.
Section 4: This resolution shall become effective January 1, 1997 after its passage and adoption by the
City Council.
PASSED AND APPROVED THIS THE DAY OF , 1997.
CITY OF SOUTHLAKE
Rick Stacy, Mayor
•
ATTEST:
Sandra L. LeGrand, City Secretary
6..*z
•
CITY OF SOUTHLAKE
FLEXIBLE EMPLOYEE BENEFIT PLAN
•
THE "PERSONAL CHOICE"
... IN SELECTING EMPLOYEE BENEFITS
•
Summary Plan Description
511-3
TABLE OF CONTENTS
•
PAGE
INTRODUCTION 1
EMPLOYEE BENEFITS COMMITTEE 1
THIRD PARTY ADMINISTRATOR 1
PLAN DOCUMENTATION 2
GENERAL INFORMATION 2
SECTION I: ELIGIBILITY REQUIREMENTS AND PLAN ENROLLMENT 4
Who is Eligible 4
Enrollment Procedure 4
Automatic Re-enrollment Feature 5
Salary Redirection to Purchase Benefits 5
Termination of Participation .5
SECTION II: BENEFIT PORTFOLIO 6
SECTION III: MEDICAL CARE REIMBURSEMENT PLAN AND
DEPENDENT CARE ASSISTANCE PLAN 6
Introducing "Pre-tax" Spending Accounts 6
Medical Care Reimbursement Plan 7
• Eligible Expenses 7
Submitting Claims for Medical Care Reimbursement Plan_ 8
Dependent Care Assistance Plan 8
Eligible Expenses, 9
"Qualified" Day care Center and Expenses 10
Submitting Claims for Dependent Care Assistance Plan 11
IRS Reporting Requirement 11
SECTION IV: GENERAL CLAIMS PROCEDURE 11
SECTION V: CHANGE IN BENEFIT ELECTIONS 12
Annual Elections 12
Change in Family Status 12
Change in Cost of your Health Plan 13
Change in Coverage of Your Health Plan 13
Change in Spouse's Health Cost or Coverage 13
SECTION VI: PLAN AMENDMENT/TERMINATION 14
SECTION VII: NONDISCRIMINATION PROCEDURES 14
SECTION VIII: YOUR RIGHTS UNDER COBRA 15
• SECTION IX: YOUR RIGHTS UNDER ERISA 15
�h7
CITY OF SOUTHLAKE
FLEXIBLE EMPLOYEE BENEFIT PLAN
SUMMARY PLAN DESCRIPTION
INTRODUCTION
The "Personal Choice" in Employee Benefits
City of Southlake is. pleased to present to its Employees the most innovative method in
delivering employee benefits through the City of Southlake Flexible Employee Benefit Plan. The
Plan is commonly referred to as a "Cafeteria" Plan for the "menu" of benefit options available to
you or as a "Section 125" Plan which is reference to the provisions under the Internal Revenue
Code permitting the tax advantages the Plan has to offer.
Simply stated, the City of Southlake Flexible Employee Benefit Plan offers to our employees
significant advantages over the traditional methods of delivering employees benefits. Key features
of the Plan include:
Your ability to choose the types and amounts of certain benefits available under
the Plan best suited to your personal and family needs.
0 Your ability to pay your cost of benefits with tax-free dollars.
•
• Your choice of paying out-of-pocket medical care expenses and dependent care
expenses through the Plan, with tax-free dollars.
Your ability to annually change your election of benefits to fit your changing
benefit requirements.
We hope each of our Employees will take the time to read this Summary of the major
provisions of the Flexible Employee Benefit Plan. If you have any questions about how it works
contact any member of our Employee Benefits Committee listed in the General Information
section. If you are married, we suggest that you and your spouse review this information
together.
EMPLOYEE BENEFITS COMMITTEE
City of Southlake has appointed an Employee Benefits Committee. This Committee has the
responsibility for the administration of the Plan and working with our Third Party Administrator
in the Plan's operation. Any questions you might have regarding the Plan should be directed to
the Employee Benefits Committee at City of Southlake's administrative offices.
• THIRD PARTY ADMINISTRATOR
City of Southlake has retained the services of Flex Corp, a licensed Third Party
Administrator under the laws of the State of Texas, to provide consulting and administrative
— 1 —
services with regard to our Flexible Employee Benefit Plan. These services include the
• administration of our flexible spending accounts for non-insured medical care and dependent care
expenses described in this Summary. Flex Corp is independent of and receives no commission
from any insurance company providing benefit coverage as an optional employee benefit under
the Plan.
PLAN DOCUMENTATION
This Summary Plan Description is intended only as a source of general information
regarding the major provisions of the Flexible Employee Benefit Plan. This Summary is not
intended to interpret, extend, or change the Flexible Employee Benefit Plan in any way. In
addition to the Flexible Employee Benefit Plan, Plan documents include the Medical Care
Reimbursement Plan and Dependent Care Assistance Plan. Plan documents are on file in the
administrative offices of City of Southlake and are available for your review at any time during
regular business hours. In the event there is any discrepancy between this Summary and the actual
legal documents creating the Plan, the Plan documents are always controlling.
With regard to detailed information regarding benefits which are available as optional
choices under your Flexible Employee Benefit Plan, you are directed to review those individual
Summary Plan Descriptions containing information, for example, with regard to your medical
benefits. Again, this Summary Plan Description is only to describe the provisions of your
Cafeteria Plan and how you may select various optional benefits offered through the Plan.
S
GENERAL INFORMATION
Plan Name: City of Southlake Flexible Employee Benefit Plan
and
City of Southlake Medical Care Reimbursement Plan
City of Southlake Dependent Care Assistance Plan
Plan Numbers: Flexible Employee Benefit Plan (#501)
Medical Care Reimbursement Plan _
Dependent Care Assistance Plan
Plan Sponsor: City of Southlake
1725 East Southlake Blvd.
Southlake, Texas 76092
817-481-5581
S
Plan Administrator: City of Southlake
1725 East Southlake Blvd.
Southlake, Texas 76092
817-481-5581
Employee Benefits Committee: Curtis Hawk, Chairman
111 Lou Ann Heath, Member
Lauren Safranek, Member
Third Party Administrator: Flex Corp
Hand Building
5700 Northwest Central Drive, Suite 320
Houston, Texas 77092
Effective Date of Plan: January 1, 1997
Plan Year: January 1 to December 31
Plan Anniversary Date: January 1
Employer Identification Number: 75-1251142
Agent for Service of Process: Ms. Lauren Safranek
City of Southlake
1725 East Southlake Blvd.
Southlake, Texas 76092
817-481-5581
• Sponsor's Fiscal Year End: September 30
Type of Administration
and Funding: Certain optional benefits under the Plan are provided
through insurance and premium payments made to those
companies including any salary reduction contributions of
Employees to pay the Employee cost of such benefits.
Fiduciary accounts are established by the Third Party
Administrator to hold funds for reimbursement under the
Medical Care and Dependent Care Assistance Plans.
Claims for reimbursement under these Plans are processed
by Flex Corp.
III
57ii- 7
'- 3 --
SECTION• I
ELIGIBILITY REQUIREMENTS AND PLAN ENROLLMENT
Who is Eligible?
Any Employee who is employed on or before December 31, 1996 and who is scheduled to
work at least twenty (20) hours a week is eligible to participate in the Plan.
New Employees who are scheduled to work at least twenty (20) hours per week will be
eligible to participate in the Plan immediately as of the first day of employment.
These same eligibility requirements must also be satisfied in order for an Employee to
participate in the City of Southlake Dependent Care Assistance Plan and Medical Care
Reimbursement Plan.
IMPORTANT NOTE:
The eligibility requirements described above determine when
an Employee can enroll in the Flexible Employee Benefit Plan
and select optional benefits delivered through the Plan. It is
important to realize that the individual benefits being offered
• as options under the Plan such as coverage under the Medical
Plan may have an eligibility and/or waiting period
requirement which is different from the eligibility
requirements described above. Although you may be able to
select some of the options offered under the Cafeteria Plan on
your date of enrollment, other benefits may not be available
to you until you satisfy the eligibility requirements for those
benefits. You are advised to familiarize yourself with the
requirements for eligibility, benefits, and coverage under
those individual Plan documents.
Enrollment Procedure
Prior to your eligibility date, you will be provided with an enrollment package.which will
include a "menu" of employee benefit options available under the Plan and your costs of these
benefits. You should carefully review these optional benefits including additional information and
summary plan descriptions which will describe the benefits in more detail. The enrollment form
must be completed before your enrollment date in order to be effective for the Plan Year (or that
portion of the Plan Year from your entry date until the end of the Plan Year).
5H—e
— 4 ---
IMPORTANT NOTE:
IIIThe election you make for benefits on the enrollment form
cannot be changed prior to the next Plan anniversary date.
The only exception to this rule is in the event of a "change in
family status". Please review carefully the information
concerning "change in benefit elections" in Section V.
Automatic Re-enrollment Feature:
As of each Plan anniversary date, if you have made a previous election to participate in the
Plan and do not change your election or withdraw from participation, your portion of the cost of
medical, and/or dental coverage you have previously elected will continue to be paid through
salary reduction unless you return a new enrollment form before the Plan anniversary date.
However, you must make a new election each year if you want to purchase coverage under the
Dependent Care Assistance Plan or Medical Care Reimbursement Plan.
Salary Redirection to Purchase Benefits:
As part of your.enrollment package you will receive a form containing a "salary redirection"
authorization. By signing this form, you are simply authorizing City of Southlake to reduce your
S
current salary by the dollar amount necessary to purchase the benefits you have selected under the
Plan. The "salary redirection" authorization allows those benefits which are "qualified benefits"
under the Internal Revenue Code to be purchased with pre-tax dollars providing you with a tax
break since no federal income tax or social security wage withholding will apply to the dollars you
direct for purchasing those benefits. This salary redirection also applies in the event you elect to
be covered under the City of Southlake Medical Care Reimbursement or Dependent Care
Assistance Plan.
IMPORTANT NOTE:
Since the dollars you have redirected to purchase certain
qualified benefits in the Plan are not subject to social security
taxes, it is important for you to realize that your social
security retirement benefit will be based on a slightly lower
earnings amount. The impact on your social security benefit,
however, will be minimal and remember that any future
reduction in your social security benefit is offset by the tax
savings you receive now in purchasing your benefits through
the Plan.
S
3.--H...,
Termination of Participation:
• Your participation under the Plan will terminate if you no longer satisfy the requirements
for eligibility to participate in the Plan described above or upon your termination of employment.
Depending on the specific benefits you may have chosen under the Plan, some benefit coverages
may be convertible to individual policies upon your termination of employment. Further,
continuation of coverage for specified periods of time may be available to you when your
coverage might otherwise have terminated under certain employer-sponsored group medical plans.
More information regarding continued coverage can be found in Section VIII.
SECTION II
BENEFIT PORTFOLIO
You should now have an understanding of the eligibility requirements for the Plan, the
enrollment process, and how "salary redirection" to purchase benefits can be of great tax benefit
to you. Now let's review the benefit "menu" available through your Plan. Remember, you select
the benefits which puts you "personally" in charge of a benefit package that meets your needs and
that of your family.
The benefits currently being offered through the Plan include:
Medical
3I Dental
3 Medical Care Reimbursement Plan (See Section III)
* Dependent Care Assistance Plan (See Section III)
The benefit options listed above other than the Medical Care and Dependent Care Assistance
Plans have been described for you in other booklets which you have been provided. The Plan
may from time to time add other options or delete some benefits from the menu.
City of Southlake has adopted for your benefit a Medical Care Reimbursement Plan and
Dependent Care Assistance Plan which are explained further in this Summary.
SECTION III
MEDICAL CARE REIMBURSEMENT PLAN
AND
DEPENDENT CARE ASSISTANCE PLAN
Introducing "Pre-tax" Spending Accounts
•
Besides the "ordinary" employee benefitsyou find under the benefit menu, the Cityof
rY
Southlake Flexible Employee Benefit Plan includes several new types of benefits, sometimes
called "spending accounts" in which you gain a tax advantage when paying for certain medical
erg-i®
— 6 —
care expenses (not otherwise covered under your medical plan) and qualifying dependent care
Sexpenses. These Plans, which are created under separate plan documents, are discussed in detail
in this Section and are completely voluntary. You decide the amount of pre-tax dollars to set
aside for your use in these plans. Worksheets will be provided to assist you in your decision
making.
Medical Care Reimbursement Plan
The Medical Care Reimbursement Plan should be viewed as "adding" to your medical care
benefit package. The purpose of this Plan is to provide a method through which you can
accumulate pre-tax contributions for purposes of reimbursing yourself for payment of medical care
expenses not otherwise covered by your medical and/or dental benefit plans.
If you elect to participate in the Medical Care Reimbursement Plan, the monthly amount that
you elect on your enrollment form to be set aside in the Plan for you is considered a "premium"
with which you have purchased an annual maximum dollar benefit. This annual benefit is
available to you at any time during the Plan Year so long as you remain employed and are
participating in the Plan.
For example, if you routinely incur $600 a year in medical expenses which are not covered
by the Medical Plan, you may want to set aside $50/month ($600 for the year) in your Medical
Care Reimbursement Plan. Since you pay no federal income tax or social security withholding tax
® on the $600, and the money is reimbursed to you as you submit claims, you have saved in the
process by not being taxed on the $600.
Before the beginning of each Plan Year you determine how much to set aside out of your
current income to cover medically related expenses not covered by your usual benefits. You may
set aside any amount you choose, up to the lesser of$2000 per year, or $166.66 per month.
IMPORTANT NOTE:
Please remember that these medical care expense items which
are reimbursable through the Medical Care Reimbursement
Plan would be tax deductible, if not reimbursed to you from
the Plan, to the extent that they exceed the percentage
currently in use for tax deduction purposes if you itemize .
medical expenses on your federal income tax return.
Reimbursements from the Medical Care Reimbursement Plan,
however, are tax-free and apply to the very first dollar of
medical expense reimbursement from the Plan.
•
• Eligible Expenses
Generally, eligible medical care expenses include those which are otherwise deductible on
your federal tax return. Examples of these expenses or services include:
5g...//
— 7 --
* Expenses used to satisfy the deductible under the Medical or Dental Plans;
1111 # Any co-payment (your share of medical and dental expenses not paid in full by
the Medical and Dental Plans);
* Annual checkups for you and any of your dependents;
I Eye examinations, eyeglasses and contact lenses;
3I Chiropractor;
F Hearing aid;
0 Hearing tests.
You should carefully review the medical expenses you regularly incur during the Plan Year
and "pre-plan" the amount you would like to set aside in your Plan. An account is set up by Flex
Corp in your name and as you submit eligible expenses they are reimbursed to you - tax free!
These amounts are held in "fiduciary accounts" at Flex Corp until distributable to you.
IMPORTANT NOTE REGARDING PREGNANCY:
SPregnancy expenses are handled on a service incurred basis, as are all
expenses. This sometimes causes confusion, particularly for that
physician's charge for "normal term delivery." Most obstetricians
require payment for "normal term delivery" before the delivery is even
performed. The Internal Revenue Service would indicate that an expense
is deemed incurred on the date the service is provided, without regard to
when the patient pays for the service or is formally billed for the service.
Reimbursements cannot be made until the service is provided. Therefore,
while you may have paid your physician for a normal term delivery, until
the delivery actually occurs no benefits are reimbursable. You should
plan accordingly for this, particularly if the pregnancy will span more
than one plan year.
Submitting Claims for Medical Care Reimbursement Plan
When you have expenses that qualify for reimbursement from your Medical Care
Reimbursement Plan, you will pay the bills directly to the provider. Then you will submit a
request in writing for reimbursement to Flex Corp, 5700 Northwest Central Drive, Suite 320,
Houston, Texas 77092-2092, with a receipt or other proof from an independent third-party that
S
the expense was incurred. You will also be asked for verification that the expense is not payable
through any other medical plan.
Sehi /2
— g _
1
Each request for reimbursement you submit will be reviewed and, if found to be in order,
• you will receive payment for the amount of the request up to the annual maximum benefit you
elected. At that point, your specific reimbursement plan will be reduced by that amount.
Remember your coverage under the Medical Care Reimbursement Plan is on a "Period of
Coverage" basis. The Period of Coverage is a "Plan Year" ending December 31 unless it ends
sooner due to your termination of employment and subsequent decision not to elect "COBRA"
continuation coverage as explained in Section VIII. To have medical care expenses reimbursed
for a Period of Coverage they must have been incurred during that period. A medical care
expense is deemed incurred when you or a dependent is provided with the medical care causing
the expense and not when you are formally billed or pay for the medical care.
IMPORTANT NOTE:
Please remember "salary redirection" dollars that you have
placed in the Plan must be used for expenses incurred during
the Period of Coverage. You have until ninety (90) days
following the end of a particular Period of Coverage to
submit requests for reimbursement for eligible expenses
incurred during the Period of Coverage. Any unused
amounts at the end of that time will be forfeited.
IIIDependent Care Assistance Plan
The Dependent Care Assistance Plan is an entirely new concept offered through your
Flexible Employee Benefit Plan. The purpose of this account is to provide a method through
which you can accumulate pre-tax funds in a dependent care reimbursement account for purposes
of paying a dependent care provider directly or reimbursing yourself for payment of child care
expenses or day care for a disabled dependent while you are employed. This Plan is permitted
under the provisions of Section 129 of the Internal Revenue Code.
Before the beginning of each Plan Year, you will decide how much of your salary, if any,
you want to set aside in your Dependent Care Assistance Plan. The maximum amount permitted
by law which you can set aside in the Plan for dependent care cannot exceed $5,000 per year, (or
$416 per month); or $2,500 per year ($208 per month) if you are married but file a separate
return. These amounts could be lower if your earned income or that of your spouse is lower than
the applicable yearly maximum. You cannot set aside more than the lower of the earned annual
income of you or your working spouse.
Eligible Expenses:
IIIThe dependent care expenses which are eligible for reimbursement under the Plan are
dependent care services necessary for gainful employment including services provided for the
following "qualifying individuals":
— 9 --
i A dependent who is under the age of 13;
III # A dependent who is physically or mentally incapable of caring for her/himself;
or
I Your spouse, if she/he is physically or mentally incapable of taking care of
her/himself.
The expenses to be reimbursed must have been incurred to enable you to remain gainfully
employed, and include the costs of the following:
* Household services - such as those provided by a maid or cook - if they are
related to the care of a qualifying individual;
O The actual care of the qualifying individual in your home or during the day at
a qualified center; and
O Care of a qualifying individual who regularly spends at least 8 hours each day
in your home.
"Qualified" Dv Care Center and Expenses:
SIn the event you use a day care center, only the expenses of a "qualified dependent care
center" may be reimbursed. A qualified dependent care center is a facility which provides care
for more than six individuals other than individuals who reside there, receives a fee, payment or
grant for providing services for any of these individuals, and has established that it complies with
applicable laws and regulations of the state or local government where it is located. You cannot
be reimbursed for dependent care expenses paid to one of your dependents, your spouse, or one
of your children who is under the age of 19.
You cannot be reimbursed for expenses for "overnight" camp.
IMPORTANT NOTE:
Instead of utilizing the Dependent Care Assistance Plan, you
may want to use the tax credit available at the end of the year
for dependent care expenses. We suggest you carefully
review both methods; either participation in the Dependent
Care Assistance Plan or the tax credit to decide which method
has the greater tax advantage to you. During the enrollment
process, you will be provided with worksheets in order to
help you make your choice.
•
— 10 —
Submitting Claims for Dependent Care Assistance Plan:
IIIWhen you have expenses that qualify for reimbursement from your Dependent Care
Assistance Plan, you will submit a signed request for reimbursement to Flex Corp, 5700
Northwest Central Drive, Suite 320, Houston, Texas 77092-2092, along with an original bill, a
receipt or other proof from an independent third party that the expense was incurred. You will
also be asked to provide written verification that the expense is not reimbursable through any
other source.
Each request for reimbursement you submit will be reviewed and, if found to be in order,
you will receive payment for the amount of the request up to the remainder of your account
balance. At that point, your specific reimbursement account will be reduced by the amount of
your disbursement.
If you leave City of Southlake, you may submit requests for reimbursement for expenses
you incurred during the Plan Year up until the March 31st following the close of the Plan Year
in which you leave.
IMPORTANT NOTE:
It is important for you to carefully analyze your situation and
the amount of dependent care expenses you expect to incur
III for the year in order to decide how much to set aside each
month in the Plan. You have until ninety (90) days following
the end of a particular Plan Year to submit expenses you
incurred during the Plan Year. Any amounts left in the
Dependent Care Assistance Plan at the end of that time will
be forfeited.
IRS Reporting Requirement:
The Family Support Act of 1988, stipulates that for tax years beginning January 1, 1989,
employees will be required to place the name, address, and taxpayer identification number (TIN)
or social security number of dependent care providers on their federal income tax returns for 1989
and later years. This requirement will apply whether the employee is utilizing the Dependent
Care Assistance account or the tax credit.
SECTION IV
GENERAL CLAIMS PROCEDURE
SSection III describes how you are to submit claims for reimbursement under the Medical
Care Reimbursement Plan and Dependent Care Assistance Plan. If your claim for reimbursement
under either of these plans in which you participate is wholly or partially denied, the Employee
Benefits Committee will notify you in writing within thirty (30) days of receipt of your claim (or _
— 11 —
sixty (60) days if you are notified of the extra needed time) telling you the reason for denial of
your claim with reference to any pertinent provision of the Plan. You will also be informed of
ii)
any additional information you need to file to perfect your claim. You may request in writing
within sixty (60) days after you receive written notice that your claim has been denied that you
would like a review of your denied claim by the Employee Benefits Committee giving reason for
the review to the Committee. The Committee will review your request and give you opportunity
for a hearing and notify you of their decision in writing within thirty (30) days of receipt of your
review request.
SECTION V
CHANGE IN BENEFIT ELECTIONS
Annual Elections:
Except as described under the "change in family status" rule described below, once you have
made your benefit election under the Plan, the election must remain in effect for the entire Plan
Year. Therefore, you should plan carefully with regard to the benefits you choose.
You may change the benefits elected under the Plan for the next Plan Year by making the
appropriate change on your Enrollment Form before the beginning of the Plan Year (i.e. January
1st).
III
Change in Family Status:
The only time you will be permitted to change a benefit election during the Plan Year will
be in the event you have a "change in family status". The following events are considered to be
changes in family status which will permit you to revoke an existing election and make a new
election with regard to one or more benefits under the Plan:
* marriage or divorce of a participant;
# death of a participant's spouse or dependent;
* birth or adoption of a child by the participant;
3l termination or commencement of employment of the participant's spouse;
* changing from part-time to full-time status or vice versa by the participant or
participant's spouse;
* an unpaid leave of absence by the participant or participant's spouse;
# a significant change in the health coverage of the participant or the participant's
spouse attributable to the spouse's employment.
If you wish to make a change in your benefit election because of a change in family status,
you should contact the Employee Benefits Committee for a "change in benefit election" form.
0 You will be required to submit information relating to the change in family status sufficient for
the Employee Benefits Committee to determine that the criteria for any change has been satisfied.
The Committee may request any documents it deems necessary to substantiate the change such as
marriage certificate, divorce decree, birth or death certificate, or a confirming letter from your
Siti°1/6
— 12 —
spouse's current or former employer. The Employee Benefits Committee decision with regard
• to your ability to make a change under these rules will be final.
If you are permitted to make a change on account of a change in family status, you will need
to complete new election forms and submit them to the Employee Benefits Committee within
fifteen (15) days from the date the Employee Benefits Committee approves the change. Any
change that you do make will be effective upon the later of the date the change in family status
occurred, or the date the new election form is filed with the Employee Benefits Committee.
The Medical Care Reimbursement Plan contains special rules regarding limitations on
increasing (or decreasing) the dollar amount of coverage under that Plan. These limitations are
generally based upon the coverage that you initially elected for the Plan Year and the amount of
reimbursements you have incurred up until the effective date of the change. If you have a change
in family status and you wish to change your election under the Medical Care Reimbursement
Plan, please contact the Employee Benefits Committee and the limitations in the amount of change
that you can make under the Plan will be detailed for you.
Change in Cost of Your Health Plan:
In the event the cost for coverage under the Health Plan increases (or decreases) during the
Plan Year, the Employee Benefits Committee shall automatically be authorized to make a change
• in the amount of "salary redirection" dollars which you previously elected in order to pay the new
cost of the Health Plan. When you sign your "salary conversion agreement" you consent to this
automatic adjustment to increase (or decrease) the salary redirection dollars to the amount
necessary to cover the change in cost of the Health Plan. If the cost for the Health Plan coverage
significantly increases, you can make a change in your election to increase your salary redirection
to continue coverage under the Plan or purchase coverage under a replacement plan which City
of Southlake may decide to offer as a benefit under the Flexible Employee Benefit Plan.
Change in Coverage of Your Health Plan:
If the coverage under the Health Plan is significantly curtailed or ceases for any reason
during the Plan Year, you may revoke your existing election and receive, on a prospective basis,
coverage under another Health Plan containing similar coverage.
Change in Spouse's Health Cost or Coverage:
If there is a significant change in medical coverage offered under the plan of your spouse
attributable to your spouse's employment, changes in benefit elections will also be permitted.
•
1/45I4'/7
— 13 —
SECTION VI
• PLAN AMENDMENT/TERMINATION
The Employer reserves the right to amend this Plan at any time for any purpose including
but not limited to any amendment which reduces, eliminates, or modifies any optional benefit
offered under the Plan, including the Medical Care Reimbursement and Dependent Care
Assistance Plans. Such Amendment may be made with respect to benefits provided for any active,
terminated, or retired Employee, their beneficiaries, and dependents who may be entitled to
benefits under the Plan.
The Employer further reserves the right to terminate the Plan in whole or in part with
respect to any and all benefits provided for any active, terminated, or retired Employees, their
beneficiaries, and dependents.
The Plan Sponsor reserves the absolute and unilateral right and power to, in its discretion,
interpret and administer the terms and provisions of the Flexible Employee Benefit Plan and each
of the optional benefit plans that are offered thereunder, including correcting any defect, supplying
any omission and reconciling any inconsistency. The Plan Sponsor also reserves the absolute and
ur.:lateral right and power to, in its discretion, make all determinations that may impact any claim
for benefits under the Plan or any of the optional benefit plans that are offered thereunder,
including all factual determinations. Subject only to the ERISA claims review procedures of the
applicable plans, all determinations made by the Plan sponsor shall be final, binding and
0 conclusive on all interested persons.
SECTION VII
NONDISCRIMINATION PROCEDURES
In order to maintain the tax advantages offered under a Flexible Employee Benefit Plan,
numerous requirements under the Internal Revenue Code and regulations must be satisfied and
each individual benefit offered through the Plan is subject to its own set of rules including
nondiscrimination provisions. This Plan is intended to be operated in compliance with Section
125 of the Code and pertinent regulations.
If for any reason during the Plan Year the Employee Benefits Committee determines that
the Plan may fail to satisfy certain nondiscrimination rules, the Committee has the authority under
the Plan to take any action it deems necessary to prevent discrimination from occurring including
modification of Participants' election forms to limit utilization of the Plan by highly compensated
Participants. Participants, by electing to participate in the Plan, consent to the Employee Benefits
Committee making any modifications or imposing any limitation on choices made by Participants
in order to administer the Plan in conformity with the laws.
0 Due to the complexity of the law and regulation regarding employee welfare benefits, there
is no guarantee that the Plan will be nondiscriminatory. If discrimination does occur, Participants
shall be responsible for any tax liability which may be incurred by reason of including a benefit
under the Plan which becomes taxable.
sow- it?
--- 14 ---
SECTION VIII
SYOUR RIGHTS UNDER COBRA
Current law requires that both insured and self-insured employer-sponsored group health
plans (which include Health Care Reimbursement Plans) extend to certain individuals the option
of electing to continue coverage under the Plan for a certain length of time where coverage would
otherwise have ceased upon the occurrence of certain events such as termination of employment.
The events triggering the continued coverage option (and individuals required to be given the
option) are as follows:
* Death of a covered Employee: widow and dependent children must be given
the option;
* Termination of covered Employees (whether voluntary or involuntary, except
for gross misconduct) or Employees whose reduced hours make them ineligible
for coverage: Employee, spouse, and dependent children must be given the
option;
* Divorce or legal separation of covered employee: divorced (or separated) spouse
and dependent children must be given the option;
* Covered. Employee becomes eligible for Medicare leaving spouse and/or
children without insurance coverage: spouse and dependent children must be
OP given the option;
* Dependent child becomes disqualified under Plan due to age requirements:
dependent child must be given the option.
You, or your spouse in the event of your death, will be notified by the Plan Administrator
and given additional information regarding the continued coverage option upon death, termination
of employment, or Medicare eligibility. However, in the event of divorce, legal separation, or
a child otherwise becoming ineligible for coverage on account of age, you or your spouse or
dependents have the responsibility of notifying the Plan Administrator who will thereafter provide
you additional information regarding continuation of coverage.
You, or any individual who is eligible to elect continued coverage, will be required to pay
the full cost of continued coverage under the group health plans, and your coverage will stop if
you stop paying the cost of the coverage.
SECTION IX
YOUR RIGHTS UNDER ERISA
SAs a Participant in the City of Southlake Flexible Employee Benefit Plan, you are entitled
to certain rights and protections under the Employee Retirement Income Security Act of 1974
("ERISA") to the extent such law applies to the optional benefits offered under the Plan. ERISA
provides that Plan Participants shall be entitled to:
--- 15 --
I Examine, without charge, at the Plan Administrator's office all Plan documents,
including insurance contracts and copies of all documents filed by the Plan with
• the U.S. Department of Labor, such as detailed annual reports and Summary
Plan Descriptions.
I Obtain copies of all Plan documents and other Plan information upon written
request to the Plan Administrator. The Plan Administrator may make a
reasonable charge for the copies.
# Receive a summary of the Plan's annual financial report. The Plan
Administrator is required by law to furnish each Participant with a copy of this
Summary Annual Report.
In addition to creating rights for Plan Participants, ERISA imposes duties upon the people
who are responsible for the operation of an Employee Benefit Plan. The people who operate your
Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and
other Plan Participants and Beneficiaries. No one, including your Employer, may fire you or
otherwise discriminate against you in any way to prevent you from requesting a benefit or
exercising your rights under ERISA. If your claim for a benefit is denied in whole or part you
must receive a written explanation of the reason for the denial.
Under ERISA,.there are steps you can take to enforce the above rights. For instance, if you
request materials from the Plan and do not receive them within thirty (30) days, you may file suit
• in a federal court. In such a case, the court may require the Plan Administrator to provide the
materials and to pay you up to $100 a day until you receive the materials, unless the materials
were not sent because of reasons beyond the control of the Plan Administrator. If you have a
claim for benefits which is denied or ignored, in whole or in part, you may file suit in a federal
court. If it should happen that Plan fiduciaries misuse the Plan's monies, or if you are
discriminated against for asserting your rights, you may seek assistance from the U.S. Department
of Labor, or you may file suit in a federal court. The court will decide who should pay court
costs and legal fees. If you are successful, the court may order the person you have sued to pay
these costs and fees. If you lose, the court may order you to pay these costs, for example, if it
finds your claim is frivolous.
If you have any questions about your Plan, you should contact the Plan Administrator. If
you have any questions about this statement or about your rights under ERISA, you should contact
the nearest area office of the Pension Welfare Benefits Administration, U.S. Department of Labor.
FLEX CORP
• FLEXIBLE EMPLOYEE BENEFIT PLANS
— 16 --
t City of South lake,Texas
• MEMORANDUM
January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Resolution No. 97-06, Authorizing Publication of Notice of
Intent to Issue Certificates of Obligation
The 1996-97 adopted budget approved a capital projects component that details water, sewer,
street and drainage projects. The capital projects approved for the 1996-97 year total
$17,965,510, which are to be funded through a variety of sources including existing bonds funds,
impact fees, and operating funds transferred in prior years. In addition, the City must issue
certificates of obligation for a majority of the projects because these projects are more than the
City can fund in one year from current operations or other sources of funds. There are a number
of large water and sewer infrastructure projects in the budget that will provide and improve
service to the northern portion of the city. The budget also includes improvements to
neighborhood streets, drainage, and continuation of the neighborhood sewer program. The 1996-
• 97 adopted General Fund budget provides for debt to be issued to purchase equipment totaling
$911,744.
This resolution lists $9.67 million as the amount to be issued in certificates of obligation. Part
of the certificates, $3.5 million, is for street and drainage projects, improvements to the existing
city hall and public works facility and for purchase of equipment. This $3.5 million will be repaid
through the City's ad valorem tax rate. According to preliminary schedules prepared by First
Southwest Co., the City's financial advisor, the debt tax rate may increase by $.012 for FY1998.
This will not affect the current FY1996-97 tax rate nor will it affect the City Council's ability to
maintain the tax rate at its current level in preparing the FY1997-98 budget. The rate is based on
assumptions of tax base growth, interest rates and other factors, however the increase will likely
be diminished by greater than anticipated property value increases.
The remainder, or $6.09 million will be repaid through the City's Utility Fund via the water and
sewer rates, and through collected water and sewer impact fees. The City's fiscal consultant,
Lewis McLain, has indicated that the City will be able to support the Utility portion of the debt
without an increase in existing water or sewer rates.
If you review the 1996-97 capital projects adopted budget summary page, $12.672 million is
reflected as the amount of anticipated bond proceeds needed during the year. The $9.67 million
proposed with Resolution No. 97-06 will permit the City to initiate a large portion of the capital
• projects, even though it is less than what was originally adopted. This is a more realistic number
s /
Curtis E. Hawk, City Manager
• Resolution No. 97-06
January 17, 1997
page 2
for us at this point in time; it is evident that we will not be able to initiate and complete this collar
volume of projects. Given the delays the City has experienced in constructing water ground
storage and overhead storage facilities, it is staffs recommendation to issue the reduced amount
for the water and sewer budget projects. Utility rates can remain the same, and the City can begin
its projects. If the City progresses more rapidly on the projects than anticipated, staff will bring
forward a recommendation for additional debt.
Please place Resolution No. 97-06 on the January 21, 1997 agenda for consideration. Approval
of the Resolution will authorize the City Secretary to publish the City's notice of intent to issue
certificates of obligation on January 23 and 30. The first reading of the Ordinance to adopt the
Certificates will be February 4; second reading will be February 18. Also on February 18, the
SPDC will be issuing sales tax revenue bonds which will require Council approval via adoption
of a Resolution. SPDC will issue $6.89 million in revenue bonds, which will refund their current
outstanding 1994 and 1994A sales tax revenue bonds, and provide $3 million for new SPDC
projects. Ratings presentations will be held here in mid-February for both the Certificates and
for the SPDC. Funding for both issues is anticipated by March 18.
•
i
ul/1r/a! rxl 1s:Ju r s. Ala 800 8luu rLLbxi ,f1 a JAAl/xJa1 WIUUL
RESOLUTION NO. 97-06
411,
A RESOLUTION approving and authorizing publication
of notice of intention to issue certificates
of obligation.
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that certificates of obligation should be issued under
and pursuant to the provisions of V.T.C.A. , Local Government Code,
Subchapter C of Chapter 271 (the "Act“) , for the purpose of paying
contractual obligations to be incurred for (a) the construction of
(i) improvements and extensions to water and sewer facilities,
including the acquisition of land therefor, (ii) street and
drainage improvements, (iii) improvements to municipal buildings,
including the city hall complex and the public works building, (b)
the purchase of materials, equipment and machinery for various city
departments, including the public works, parks and recreation and
public safety departments and computers for city departments, and
(c) professional services rendered in relation to such projects and
the financing thereof; and
WHEREAS, prior to the issuance of such certificates, the City
Council is required to publish notice of its intention to issue the
same in accordance with the provisions of the Act; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLASE,
TEXAS:
SECTION Z: The City Secretary is hereby authorized and
S
directed to cause notice to be published of the Council's intention
to issue certificates of obligation during a meeting scheduled to
begin at 7:00 P.M. on the lath day of February, 1997, which
certificates of obligation shall be issued in a principal amount
not to exceed $9,670,000 for the purpose of paying contractual
obligations to be incurred for (a) the construction of (i)
improvements and extensions to water and sewer facilities,
including the acquisition of land therefor, (ii) street and
drainage improvements, (iii) improvements to municipal buildings,
including the city hall complex and the public works building, (b)
the purchase of materials, equipment and machinery for various city
departments, including the public works, parks and recreation and
public safety departments and computers for city departments, and
(c) professional services rendered in relation to such projects and
the financing thereof and shall payable from ad valorem taxes and
a limited pledge of the net revenues derived from the operation of
the City's combined Waterworks and Sewer System. The notice hereby
approved and authorized to be published shall read substantially in
the form and content of Exhibit A hereto attached and incorporated
herein by reference as a part of this resolution for all purposes.
Gf®3119
S
,�_S3
VA
Ulf 11/71 rg L 10..71 F(L L19 0.7 U oiVU rUa.OAl VAa s JAnVAJAL
UUJ
$ECTION 2: The City Secretary shall cause the aforesaid
4111 notice to be published in a newspaper of general circulation in the
City, once a week for two consecutive wake, the data of the first
publication to be at least fifteen (15) days prior to the date
stated therein for the second reading and final adoption of the
ordinance authorizing the issuance of the certificates of
obligation.
PASSED AND ADOPTED, this January 21, 1997.
Mayor, City of Southlake, Texas
ATTEST:
city Secretary, City
Southlake, Texas
(City Seal) • •
1111
C O6119 -2-
31...17.- foe
U1/17/87 MI 15:51 FA.L Z14 855 SZUU FULLSK1(itil do JAWUKJXL 141004
•
EXHIBIT A
NOTICE OF INTENTION TO ISSUE CITY OF
SOS, TEXAS CERTIFICATES OF OBLIGATION
•
TAKE NOTICE that the City Council of the City of Southlake,
Texas, shall convene at 7:00 o'clock P.M. on the 18th day of
February, 1997, at its regular meeting place in the City Hall, 667
N. Carroll Avenue, Southlake, Texas, and, during such meeting, the
City Council will consider the second reading and final adoption of
an ordinance authorising the issuance of certificates of obligation
in an amount not to exceed $9,670,000 for the purpose of paying
contractual obligations to be incurred for (a) the construction of
(i) improvements and extensions to water and sewer facilities,
including the acquisition of land therefor, (ii) street and
drainage improvements, (iii) improvements to municipal buildings,
including the city hall complex and the public works building, (b)
the purchase of materials, equipment and machinery for various city
departments, including the public works, parks and recreation and
public safety departments and computers for city departments, and
(c) professional services rendered in relation to such projects and
the financing thereof; such certificates to be payable from ad
1111 valorem taxes and a limited pledge of the net revenues of the
City's combined Waterworks and Sewer System. The certificates are
to be issued, and this notice is given, under and pursuant to the
provisions of V.T.C.A. , Local Government Code, Subchapter C of
Chapter 271.
Sandra LeGrand
City Secretary, City of
Southiake, Texas
0396060
411 3��—J
SENT BY: 11-25-96 : 3:301311 ; 817 488 6796;# 3/ 3
City of Southlake, Texas
•
1996/97 Capital Improvement Program
Certificates of Obligation,Series 1997
Proposed Schedule of Events
3..wy. 1997 Pebruari. 1997 M arch.1997
S M TWTPS SMTWTP S S !t T W T P S
12 3 4 1 1
3 6 7 I 9 10 11 2 3 4 5 6 T I 2 3 4 S 6 7 I
12 13 14 IS 16 17 I9 9 10 tl 12 13 14 IS 9 10 11 12 13 14 15
19 20 21 22 23 I4 13 16 17 II 19 20 21 22 16 17 II 19 20 21 22
2' 27 2S 29 30 31 23 24 21 26 27 21 23 24 2.1 26 27 21 29
30 31
Date Date Event
January 14, 1997 Tuesday Receive information from City for preparation of Official Statement,legal
documents related to Bonds and Certificate?sale.
January 21, 1997 Tuesday Resolution to Authorize Notice of Intent to Issue Certificates of Obligations.
January 23, 1997 Thursday Fast Publication of Notice of Intent to Issue Certificates of Obligations.
January 24, 1997 -Tuesday Distribute Draft Official Statement to City,Bond Counsel,Rating.Agencies,
Credit&lhances and Auditors.
• January 28, 1997 Tuesday Receive comments from City,Bond Counsel and Auditom
January 30, 1997 Thursday Second Publication of Notice of Intent to Issue Certificates of Obligations.
January 31, 1997 Friday Finalize rating information presentation_
February 4, 1997 Tuesday Distribute Final Official Statement to City,Rond Counsel,Rating Agencies,
Credit Enhances and Prospective Purchasers.
February S-February 10 Credit discussions with Rating Services&Municipal Bond Insurers.
•
February 11, 1997 Tuesday Receive ratings,and insurance qualifications and bids.
February 18,1997 Tuesday Council passes ordinances authorizing issuance of Bonds and Certificates of
Obligations.
Bond Purchase Agreement signed.
February 20-March 10 Attorney General reviews and approves transaction_ •
March 18, 1997 Tuesday Closing-Deliver Bonds and Certificates of Obligation to the Purchasers and the
City receives funds.
•
CITY OF SOUTHLAKE EXHIBIT"A"
CAPITAL PROJECTS
1996-97 ADOPTED BUDGET
S 97b k4
02:51 51 PM PM
09/12/96
FY95-96
FY94-95 Adopted FY95-96 FY96-97
Actual Budget Revised Adopted
ALL FUNDS
Revenue
Interest Income 579,264 340,500 399,000 242,500
Fees 1,029,155 1,365,000 1,638,056 1,720,000
Assessment Income 11,239 70,000 20,000 65,000
Developer Participation 36,649 0 85,000 0
Carroll ISD Participation 25,105 30,000 0 0
City of Keller Participation Q Q Q Q
Total Revenue 1,681,412 1,805,500 2,142,056 2,027,500
Expenditures
Water/Sewer Projects
1993 Water Bond Projects($1.3 million) 157,091 0 0 . 0
Water Impact Fee Fund 256,199 279,800 496,079 500,000
Sewer Impact Fee Fund . 692,231 400,000 916,833 1,085,482
Waterworks Improvements Fund 0 957,047 1,523,185 757,500
1995 Water Bond Projects($2.5 million) 93,860 1,725,000 1,166,249 2,881,000
�97 Water/Sewer Bond Projects 0 0 0 5,790,000
ewer Assessment Fund 198.896 764.840 1.035.740 1.670.000
Subtotal-Water/Sewer Projects 1.398.277 4.126.687 5.138.086 12.683.982
Streets/Drainage Projects
1993 Street Bond Projects($1.5 million) 509,580 0 28,147 0
1994 Street Bond Projects($3 million) 336,709 1,853,357 703,823 1,154,910
Perimeter Road Fee Fund 70,393 0 0 0
Infrastructure Reserve Fund 1,780,259 1,967,850 2,227,059 575,000
1997 Infrastructure Reserve Fund . 0 0 0 3,551,618
Street Impact Fee Fund 0 0 0 0
Drainage-Offsite Fund Q . Q Q Q
Subtotal-Streets/Drainage Projects 2.696.941 3.821.207 2.959.029 5.281.528
Parks Projects
SPDC Revenue Bond Projects 2.459.011 141.207 320.435 Q
Total Expenditures 3.554.229 $.089.101 8.417.550 17.965,510
Net Revenue (4,872,817) (6,283,601) (6,275,494) (15,938,010)
Bond Proceeds 5,693,820 1,843,000 2,797,380 12,672,000
Transfers in 958,436 1,081,840 2,105,393 0
Transfer out (410.130) (241.469) (909.351) (113.397).
Total Other Sources (Uses) 6,242,126 2,683,371 3,993,422 12,558,603
Beginning Fund Balance 7,727,258 9,096,567 9,096,567 6,814,495
Ending Fund Balance 9.096.567 5.496.337 6,814.495 3.435.088
S
,% X17 1
Page 20
CITY OF SOUTHLAKE
CAPITAL PROJECTS SUMMARY
ADOPTED FY1996-97 BUDGET
SWaste- Streets/ Building
Projeczt Water water Drainage Imprmts. Total
NEIGHBORHOOD PROJECTS
Johnson Road 1 $190,0001 $0; $498,800 j $01 • $688,800
Ridgecrest, Brian, Hilltop $103,2001 $0 $496,700 $01 $599,900
;Shady Lane Area (1) $230,000 $528,000 $0 $0 $758,000
;W. Continental $0 $01 $555,750 $0 $555,750
W. Dove-Peytonville/Shady Oaks $0 $0 $222,680 $0 $222,680
W. Dove-SH114-White Chapel $0 $0 $150,000 $0 $150,000
W. Highland-Shady Oaks/White Chapel $0 $0 $301,480 $0 $301,480
'Street rehab.-Timarron, Southview, SR Lakes $0 $0 $650,000 $0 $650,000
Huntwick Estates $0 $108,000 $0 $0 $108,000
;Diamond Estates-sewer and streets $0 $486,000 $800,000 $0 $1,286,000
;Burney to Cul-de-sac $0 $0 $57,000 $0 $57,000
,Burney-N. Carroll to Lonesome Dove $0 $0 $129,400 $0 $129,400
'Love Henry Court $0 $0 . $66,800 $0 $66,800
Lake Drive (Dove Estates) $0 $0 $93,000 $0 $93,000
Pine/Lilac $0 $0 $234,600 $0 $234,600
Seal coat-Cross Timbers $0 $0 $68,100 $0 $68,100
Seal coat-Lakewood $0 $0 $17,500 $0 $17,500
'Chapel Downs-channel improvements $0 $0 $146,250 $0 $146,250
,Mission Hills-channel improvements and sewer $0 $368,000 $97,500 $0 $465,500
!Continental Park-channel improvements $0 $0 $292,500 $0 $292,500
;Engineering-street bond projects $0 $0 $75,000 $0 $75,000
1CDBG Projects $18,600 $0 $0 $0 $18,600
MUNICIPAL FACILITIES
S
Public Works Facility $0 $31,000 $0 $232,850 $263,850
City Hall Facility $0 $0 $0 $78,118 $78,118
SEWER INFRASTRUCTURE
Dove Estates Lift Station $0 $170,000 $0 $0 $170,000
Dove Road-Sewer Force Main $0 $657,000 $0 $0 $657,000
Phase 3 Sewer Assessment-engineering $0 $180,000 $0 $0 $180,000
Gravity Main-Crossroads Square $0 $125,000 $0 $0 $125,000
Sewer Main developer reimbursements
S-2 $0 $70,000 $0 $0 $70,000
N-1 $0 $63,482 $0 $0 $63,482
WATER INFRASTRUCTURE
Dove to Kirkwood-12"water $200,000 $0 $0 $0 $200,000
North Peytonville-8"water; 6"sewer $45,000 $20,000 $0 $0 $65,000
Woodland Heights-8"water/seal coat Westwood $30,000 $0 $17,500 $0 $47,500
20"transmission line from Trophy Club $1,300,000 $0 $0 $0 $1,300,000
20"transmission line-pump station/Dove elevated $650,000 $0 $0 "$0 $650,000
12"water line-Continental &Kimball $490,000 $0 $0 $0 $490,000
Village Center infrastructure $119,700 $0 $0 $0 $119,700
'Miron elevated water tank-FM1709/Miron (2) $750,000 $160,000 $0 $0 $910,000
Water Ground Storage
#1-Pearson (3) $2,881,000 $0 $0 $0 $2,881,000
#2-T. W. King $2,710,000 $0 i $0 $0 $2,710,000
Total $9,717,500 $2,966,482 $4,970,560 $310,968 $17,965,510
S
(1) FY1997-98 budget to include$709,445 for street improvements.
(2)Added $750,000 for 20"water line along FM1709 from White Chapel to the Miron elevated water tower site.
FY1997-98 budget to include funding for construction of elevated storage tank.
(3)Added $400,000 for fencing and brickwork that was not included in initial Capital Projects Budget.
Cosa
EXHIBIT"A"
•
• ITEMS FUNDED THROUGH CONTRACT OBLIGATIONS
GENERAL FUND
100-GENERAL GOVERNMENT
100-City Secretary/Mayor/
City Council Printer* 1.299 Q Q 1.299
TOTAL 1,299 . 0 0 1,299
103-City Manager's Office 17'Color Monitor for PIO' 700 0 0 700
Laser Color Printer for PIO' 4,000 0 0 4,000
Personal Computer for City Manager* 23244 Q Q 2.9181
TOTAL 6,700 0 0 6,700
105-Support Services Telephone system-Public Works facility' 20,000 0 0 20,000
LCD display and presentation equip' 12,000 0 0 12,000
Network Server-Admin bldg• 5,000e 0 0 5,000
Network Iink/equipment-Admin bidg' 15,000 0 0 15,000
Public Works network equipment* 10,700 • 0 0 10,700
Parks network equipment' 16.454 Q Q 16.450
TOTAL 79,150 0 0 79,150
•
106-FINANCE
106-Finance Two computers for Payroll& Accounts Payable' 4,800 • 0 0 4,800
Laser jet printer for Finance Department' 2,950 Q Q 2,950
TOTAL 7,750 0 0 7,750
107-Municipal Court Laptop Computer' 2.804 a Q 2.800.
S
TOTAL 2,800 0 0 2,800
130-PUBLIC SAFETY ,
131-Fire Services Self Contained Breathing Apparatus' 69,478 0 0 69,478
Opticoms' 34,975 0 0 34,975
Vehicles' 78,010 0 0 78,010
Cameras' 18,000 0 0 18,000
Infra-red detector' 18,000 0 0 18,000
Public Safety House' 25.000 a Q 25.000
TOTAL 243,463 0 0 243,463
132-Police Services Police Vehicles' 251,375 0 0 251,375
Personal Data Terminals for Traffic and CID(2)' 12.444 Q Q 12.000
TOTAL 263,375 0 0 263,375
133-Public Safety Support Two Towers and Three Laptops' .12.4.44 Q Q 12.000
TOTAL 12,000 0 0 12,000
140-PUBLIC WORKS
142-Building Inspections One Truck' 23,500 0 0 23,500
Two Computers' 4.40.4 Q Q 4.444
TOTAL 27,500 0 _. 0 27,500
144-Streets and Drainage 6-7 Yard Dump Truck' 40,000 0 0 40,000
20 Trailer* 7,500 0 0 7,500
Asphalt lay-down machine' 35,000 0 0 35,000
Paint Striping Machine' 4.404 Q ' Q 4.444
TOTAL 86,500 0 0 86,500
III
5'1:,y Page 18
EXHIBIT"A"
SITEMS FUNDED THROUGH CONTRACT OBLIGATIONS
146-Public Works Admin. Computers' 7,200 0 0 7,200
Laptop Computers' 6,000 0 0 6,000
Printer° 1,600 0 0 1,600
GPS Mapping System and Services' 6,000 0 0 6,000
Scanner• 16,000 0 0 16,000
Color Printer° 1,900 0 0 1,900
Disk Space* 1,600 0 0 1,600
Memory Upgrade Sun Work Station' 3,200 0 0 3,200
Memory Upgrade Plotter 300 0 0 300
Automobile' 15.000 Q Q 15.000
TOTAL 58,800 0 0 58,800
145-PARKS AND RECREATION
145-Parks and Recreation Cash Register 4,250 0 0 4,250
Computer Hub° 5,500 0 0 5,500
Computer-Admin.Asst.' 2,900 0 0 2,900
Large Stage' 25,000 0 0 25,000
Van" 34,000 0 0 34,000
Field Rake' 8,311 0 0 8,311
Walk behind reel mower 5,046 0 0 5,046
Full size 3/4 ton Pick Up' _ 20,000 0 0 20,000
Computer-Maint.Shop' 2,900 0 0 2,900
62'Flail mower' 14.500 • Q ' Q 14.500
TOTAL 122,407 0 0 122,407
•_
IIIGRAND TOTAL GENERAL FUND 911,744 0 0 911,744
•
III
5-....5_,0
Page 19
City of Southlake,Texas
MEMORANDUM
January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Appointment of Reserve Firefighter James Bryan Corbin
We are requesting approval for the addition of James Bryan Corbin as Reserve Firefighter for the
Southlake Department of Public Safety Fire Services Division.
Mr. Corbin is a Certified EMT and Firefighter who graduated from the Aubrey Fire Academy. He
is currently attending MetroCrest Medic School working towards his Paramedic certification. His
goal is to become a full time Firefighter/Paramedic.
Mr. Corbin is employed with the City of Denton as a Utility Line Technician and is a member of the
Aubrey Volunteer Fire Department. We feel that with his fire and EMT certifications, along with
his knowledge of electrical utility construction, he has special skills that will enhance our fire service.
BC/bls
1111
S5-
City of Southlake,Texas •
STAFF REPORT
January 17, 1997
CASE NO: ZA 96-124 PROJECT: Ordinance No. 480-219, Second Reading
Rezoning and Concept Plan/Crestwood Office Park
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 property described as being
approximately 3.5083 acres situated in the W. W. Hall Survey,
Abstract No. 695,being a portion of Tract 3D as recorded in Volume
8564, Page 285, D.R.T.C.T.
This plan proposes two (2) individual office buildings.
LOCATION: Northwest corner of the intersection of North Carroll Ave. and
Southlake Boulevard(F.M. 7109)
OWNER: CFNVESTS Southlake JV
APPLICANT: M&M Group,Inc.
rCURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "S-P-2" Generalized Site Plan District
LAND USE CATEGORY: Medium Density Residential (may include limited low intensity
office and/or retail uses)
CORRIDOR
RECOMMENDATION: Residential Areas (Any Single Family district)
NO. NOTICES SENT: Five (5)
RESPONSES: One response was received within the 200' notification area:
Juergen Strunck, P.O. Box 92685, Southlake, opposed.
I am opposed ... "until some of my questions concerning this request
have been satisfactorily clarified." See attached letter.
P&Z ACTION: October 3, 1996;Approved(6-0)applicant's request to table until the
November 7, 1996 Planning &Zoning Commission meeting.
November 7, 1996;Approved(4-2)subject to Plan Review Summary
• No. 2 dated November 1, 1996 deleting Item #1 (provide a 50'
building setback line)to allow a 40' setback line; deleting Item#3A
(driveway spacing distances);amending Item#3B("right-in/right-out
only" driveway)to allow a "right-in/right-out/left-out" driveway on
• Carroll Ave.; deleting Item#3C(minimum driveway throat depth on
Carroll Ave.);adding to delete 10 parking spaces and use pavers for
20 of the remaining parking spaces; accepting the applicant's
commitment to provide an 8' stockade fence with shadow box along
the north property line.
COUNCIL ACTION: November 19, 1996; Approved (6-0) Applicant's request to table
until the December 3, 1996 City Council meeting.
December 3, 1996; Approved(7-0) applicant's request to table until
the December 17, 1996 City Council meeting.
December 17, 1996;Approved(7-0) applicant's request to table until
the January 7, 1997 City Council meeting.
January 7, 1997;Approved (5-2) First Reading, Ordinance No. 480-
219 subject to the Plan Review Summary No. 3 dated November 15,
1996,amending item#1 to allow the 40' front setback on F.M. 1709
as shown; waive item#3A (driveway spacing along N. Carroll and
along F.M. 1709) and allow as shown; accepting P&Z's
recommendation on item#3B to allow a"right-in/right-out/left-out"
driveway on Carroll Avenue; and deleting item #3C (throat depth
S .
requirement on drive intersecting North Carroll Avenue).
STAFF COMMENTS: The Applicant has met all the review comments of the Concept Plan
Review Summary No. 1 dated September 27,.1996 and Concept Plan
Review Summary No.2 dated November 1, 1996,with the exception
of the items in the attached Concept Plan Review Summary No. 3
dated November 15, 1996.
L:\W P-FILES\MEM O\96CASES\96-124ZC.W PD
111
.4
• Juergen Strunk
P.O. Box 92685
Southlake, TX 76092
(817)481-3681
October 1, 1996
Chairman and Members of the
City of Southlake Planning and Zoning Commission
667 North Carroll Avenue
Southlake, Texas 76092 • .
Reference No. ZA 94-124
Dear Mr. Chairman and Members of the Commission:
Tom Matthews and David McMahan visited with me about two weeks ago and presented
•
me with their concept plan for the proposed Crestwood Office Park. They told me at that
• time that they would request a zoning change to SP-2 with exclusive 0-1 usage. The
notice I received from the city of Southlake lists only SP-2 generalized site plan district. I
have to oppose this without the 0-1 office use specification. This may just be this may
• simply be a matter of weak communication—but I take the'notice as the legally binding
document for me.
• We looked at the plan and I had no serious concerns other than the placement of a two
story building at a very high location looking directly into my living room. Both
gentlemen understood my concerns and gave parking problems as the main reason for the
distribution of the building heights. I trust and hope that this can be modified. We also
talked about the exact location of the buildings in relation to the large oak trees on the
property. I was assured that a tree survey would be conducted and a more accurate
location of the building and parking spaces would be shown to me. I assumed this would
happen and would be incorporated in the concept plan prior to submission to you.
From conversation concerning the rezoning request with Ms. Gandy I understand that the
West corner of Carroll Ave. and Southlake Blvd. may not yet be legally included in the
zoning change request and concept plan. To my mind the concept plan and with it the
zoning change request hinges on the resolution of this issue. Again, this may just be a
matter of failed communication. But I certainly would want to know that M&M Group
can plan the construction at the corner and that the design of the straightening of N.
Carroll Ave. is approved and meets all the requirements of the City of Southlake and
affected property owners.
S
REC D OCT 0 2 1996
As the homeowner most directly concerned with this request for the zoning change I am
• obviously most careful to state my views concerning this request. I told Mr. Matthews
and McMahan that I did not object to having the parking lots all near our property line
since this would take less soil removal for the construction of their buildings and would
save more trees on their property. I appreciated their visit with me and their expressed
intent to work with me to reach mutually agreeable solutions'to their desire to build fine
quality office spaces in the Crestwood Office Park.Given a little more time and more
detailed information concerning the points raised above(as well as"normal"questions
such as building design, landscaping, lights,trash bin location) I think that my opposition
t:i the request can be changed to no opposition. Mr. Matthews and McMahan probably
expected to see me at your meeting to clarify my concerns. I am sorry to note that
professional commitments do not permit me to attend your meeting.This may explain my
rather lengthy letter. I will try to get a copy of the minutes for your Oct. 3 meeting and
hope to be able to attend the 2nd reading or any pertinent follow-up-meetings.
Thank you for your consideration on my behalf on this matter!
Sincerely, •� ,
Sigek
•
•
•
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iADJACENT OWNERS SPIN REPRESENTATIVE#10
• AL MORIN
• AND ZONING
TR 3D., .
City of Southlake,Texas
CONCEPT PLAN REVIEW SUMMARY
SCase No: ZA 96-124 Review No: Three Date of Review: 11/15/96
Project Name: Concept Plan for S-P-2 Zoning("0-1 uses) -Crestwood Office Park,3.508 Acres in the
W.W. Hall Survey Abst. #695
OWNER/APPLICANT: ENGINEER:
M+M Group, Inc. J.E. Levitt Engineers, Inc.
100 W. Southlake Blvd. #320 726 Commerce Street, Suite 104
Southlake, Texas 76092 Southlake, Texas 76092
Phone : (817) 329-6996 Phone : (817)488-3313
Fax : (817) Fax : (817) 488-3315
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/11/96 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.
... ..... .................. ..... ........ .. ............ n:: :.v.....::v:::x::v vnv:nvmnwn...•..::.v: vv:.vn+c:::nx,::S4n:v.vv::4:?:.i.y::rC.::�i:L::.vm+.: .. .... .....
1. . Provide a 50' building setback line along the south line adjacent to F.M. 1709.#1 (P & Z Action
11/07/96: delete and allow a 40'setback line); .
2. •A minimum 8' high screening device meeting the requirements of the Zoning Ordinance No..480,
0 Sections 33.2, 33.3, and 39 is required along the entire west property line.The applicant has provided
the required screening
• 3. The following changes are needed with regard to proposed driveways according to the Driveway
Ordinance No. 634: •
A. Correct the driveway spacing distances to 227' along North Carroll Avenue and 510' along
F.M. 1709.The spacing from an intersection is measured from the nearest point of intersection
of the right-of-way lines to the centerline of the proposed driveway.(P &Z Action 11/07/96:
delete)
B. .The driveway intersecting Carroll Ave. must be a minimum of 250' from•the intersection of
F.M.1709 for full access driveway.The spacing provided is 227'. A "right-in/right-out only"
. driveway is permitted with the spacing as shown. (P& Z Action•11/07/96: amend to allow a
"right-in/right-out/left-out"driveway on Carroll Ave.)
C. The proposed driveway intersecting Carroll Ave does not meet the minimum driveway throat .
depth of 75'. The depth provided-is approximately 30'.(P & ZAction 11/07/96: delete)
• D. . Provide a Traffic Impact Analysis for this site, if the trip generation of the proposed uses for
this site exceeds any of the criteria established in the Driveway Ordinance No. 634, Section
- 3.4.
.4. Provide a minimum 10' x 50' loading space for the 16,727 s.f. building. The applicant has provided
a 20' x 30' loading space. -
7a"•?
City of South lake,Texas
P&ZACTION.• October 3, 1996;Approved(6-0) applicant's request to table until the.November 7,
1996 Planning& Zoning Commission meeting.
November 7, 1996; Approved (4-2) subject to Plan Review Summary No. 2 dated
November 1, 1996 deleting Item#1 (provide a 50'building setback line) to allow a 40'
setback line; deleting Item #3A (driveway spacing distances); amending Item #3B
("right-in/right-out only"driveway) to allow a "right-in/right-out/left-out"driveway
on Carroll Ave.; deleting Item#3C(minimum driveway throat depth on Carroll Ave);
adding,to delete 10 parking spaces and use pavers for 20 of the remaining parking
spaces; accepting the applicant's commitment to provide an 8'stockade fence with
shadow box along the north property line.
* Please note that the applicant has deleted only 6 parking spaces and no spaces
have been designated with"pavers" as opposed to standard concrete.
* This review is based on the "0-1" Zoning District Regulations.
* The applicant should be aware that new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 12/23/96. 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.
* Any building on the site that exceeds 20' in height(UBC standard measurement) or one story must
• setback from the west and north property lines such that no part of the proposed buildings encroaches
above a 4:1 slope line from each property line. Otherwise,the minimum building setback line from
• the west property line and north property line is 40'.
* N. Carroll Ave. is indicated as an 84' .R.O.W. on the approved Thoroughfare Plan which requires
a minimum R.O.W. dedication of 42' from the centerline of the apparent existing R.O.W.. If the
opposite side has already-dedicated R.O.W. per the Thoroughfare Plan, this project should show
a R.O.W. dedication which provides for the ultimate required 84' R.O.W.. Future alignment of the
off-set between North and South Carroll has been determined. The applicant should contact the •
Public Works Dept. for more specific information.
* 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 andhorizontal building articulation(required on the north, east, south, and west building
facades)per §43.9C1c, Ordinance 480, as amended.
• Masonry requirements per §43.9C1a, 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.
City of Southlake,Texas
• 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.
* 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 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: M+M Group, Inc.
J.E. Levitt Engineers, Inc.
L:\WP-FILES\REV\96\96-124CP.3
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——L 1 _.__— CONCEPT PLAN
—— — CRESTWOOD
"•'°°" j I OFFICE PARK
M t M C?ROUP. INC. mvntON Lw0 can. r ,p P.A6c[
tlmC P.[tlt AAA.6 Reom.r s,m 0.._Am n I OA,l.CO A I oAC �� I AN ADDITION TO
, •.., LLD 1E.CEMITYRP,OBOML LID-It3J.POEM REbLQ(RAL I 8 I THE CITY OF SOUTHLAKE
I TARRANT COUNTY, TEXAS
nwnElemen B.B. HALL SURVEY
L_EVITT •
ABSTRACT NO. 695
E3VBINEERS.INC.
ENGINEERS� PIANNCRS .
•..---T � •
PRESENT E NG -AG
NC USE-VACANT
no C. m t>•¢1 RJR LED-NED.DENSITY
I.>)w_mraMaaa RECD NOV 111996 PROPOSED©Z NING-S-P 2 VIM Col USES
- 3.508 ACRES
Surnpera GENERAL NOTES '
AL-AN WARD 9URVEYINL3 CO. - D:C N0.a 20611 f1
ran Po 6/.RAO 14.2
4 u • 2 4a•.0 PrAN.c-II swxf
;".M OCTOBER 1996
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SCITY OF SOUTHLAKE, TEXAS -
ORDINANCE NO. 480-219 •
•
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 3.508 ACRES SITUATED IN THE W.W.
HALL SURVEY,ABSTRACT NO. 695,'TRACT 3D, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" •
FROM "AG" •AGRICULTURAL DISTRICT TO "S-P-2"
GENERALIZED SITE PLAN DISTRICT WITH CERTAIN"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
411 ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; •
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
•
PROVIDING A SAVINGS CLAUSE;, PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
• PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
• adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter •
9 of the Texas Local Government Code; and,
•
.WHEREAS; pursuant to Chapter 211 of the Local Government Code, the City has the . .
. authority to adopt a comprehensive zoning ordinance and map regulating.the location and use of.
buildings, other structures and land for business,industrial,residential and other purposes, and to
• amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and • • .. •
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS,a change in the zoning classification of said property was requested by a person •
or corporation having a proprietary interest in said property; and
• WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
L:\CTYDOCS\ORD\CAS ES\480-219.S P2
Page 1 /�_I
•
Sfacilities 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 fmd 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 tractor 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,
Sis hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
Being a 3.508 acre tract of land situated in the W. W. Hall Survey, Abstract No. 695,
L:\CTYDOCS\ORD\CASES\480-219.SP2 "
Page 2 74-l
•
S Tract 3D, 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 certain"0-1" Office District uses, as depicted on the approved
Concept Plan attached hereto.and incorporated herein as Exhibit "B".
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas,to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
•described shall be subject to all the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections,
subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified,verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present.conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets;to provide adequate light and air;to'prevent over-crowding of land;
to avoid undue concentration-of population;and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface.water,parks and other commercial needs and development
of the community. They have.been made after a full and complete hearing with reasonable •
S consideration among other things of the character of the districtand 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
S
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\480-219.SP2
Page 3 -7Q-/3
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:
0
. CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of . , 1997.
•
MAYOR
0
L:\CTYDOCS\ORD\CASES\480-219.SP2 _
Page 4 7Q_///
• ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS.TO FORM AND LEGALITY:
CITY ATTORNEY
• .
L:\CTYDOCS\ORD\CASES\480-219.SP2
Page 5 fiQV/5
EXHIBIT"A"
BEGINNING at a monument found for- corner at the present intersection
of the west R.O.W. line of N. Carroll Avenue (a variable width R.O.W.)
with the north R.O.W. line of Southlake Boulevard (F.M. 1709—a 130'
R.O.W.);
THENCE N 89° 05' 27" W, 101 . 18' along the north line of Southlake
Boulevard to a monument found for corner at the beginning of a curve
to the left having a central angle of 01' 36' 05" and a •radius of
11 ,524.16';
THENCE around said curve and along the north line of Southlake Boulevard,,
a distance of 322.09' to a monument found for corner;
THENCE S 89° 18' 28" W, 121 .51 ' along the north line of Southlake
Boulevard to a 3/4" iron rod set at the southernmost southeast corner
of that same tract of land described in deed to D.J. &- L.A. Mitchell,
recorded in Volume 6818, Page 1094 of the Deed Records of Tarrant
County, Texas;
-HENCE N 00° 10' 06". E, 283. 16' along the east line of said Mitchell
property to a 1 /2" iron rod found for corner;
•
THENCE S 88° 46' 55" E, 104.45' along the Mitchell property line to .
a •1 /2" iron rod found at the southwest corner of that same tract of
land described in . deed to J.P. & G.H. Strunck, recorded in Volume 6365,
Page 206 of . the Deed Records of Tarrant County, Texas;
THENCE S 89* . .54' 44'. E,. 444.04' along .the south line of said Strunck
property to a 1 /'2" iron rod found for corner in west line of N. Carroll
Avenue;
•
THENCE S 00° 55' 36" W, 281 .05' along the west line of N. Carroll
•Avenue to the place of beginning and containing 152,823.68 square
feet or 3.5083 acres of land.
•
L:\CTYDOCS\ORD\CASES\480-219.SP2
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wr=aamaeaea - K.R. HALL SURVEY
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.
City of South lake,Texas
• MEMORANDUM
January 17, 1997
TO: Curtis E . Hawk, City Manager
FROM: Tom Elgin, Comprehensive Planner II
SUBJECT: Second Reading- Ordinance No. 668, Street Name Change
Attached is a letter dated December 30, 1996, from Countryside Bible Church requesting that the
portion of Ravenaux Drive within Ravenaux Village be changed to Countryside Drive. Staff have
reviewed and concur with the request;however,we recommend that the name be Countryside Court
in accordance with street naming policy for cul-de-sacs. I have since spoken with Larry Snyder,
Chairman of the Deacon Board, and he is comfortable with the"Court"designation.
The first reading was approved by City Council on January 7, 1997, as submitted, correcting South
White Chapel Boulevard to North White Chapel Boulevard and waiving the processing fee. Please
place this item on the next City Council agenda for second reading. If you have any questions prior
to meeting,please don't hesitate to call me at 481-5581, extension 753.
TE
att: etter from Countryside Bible Church dated December 30, 1996
Ordinance No. 668 with Graphic Exhibit
L:ICTYDOCSIORDIFINALISTREE71668 NMCKWPD
•
•
or)
,:
•
COUNTRYSIDE BIBLE" CHURCH
December 30, 1996
Tom Elgin
Community Development Planner
City of Southlake
667 N.Carroll Ave.
Southlake,TX 76092
Subject: Street Name Change
Dear Sir,
As you are aware,the portion of Ravenaux Drive where our property is located needs to have it's name
® changed for public safety reasons. Currently we are the only property owner on this portion of the street with
occupied facilities although the Christian Men's Network is preparing to build their new facility.
We have met with officials from the Christian Men's Network and both organizations formally request that
our portion of Ravenaux Drive be renamed to Countryside Drive. We attempted to come up with a list of
alternative names,but both groups agreed that Countryside was our first and currently our only choicer A
preliminary check has confirmed that Countryside is not currently a street name and should be available. If for
some reason this name is not available,please let us know and we will work together again to pick an alternative.
• We understand that a fee is required to process this request,but we respectfully request that this fee be
waived since both Countryside Bible Church and the Christian Men's Network are non-profit organizations.
•
Thank you for your consideration of this request.
Respectfully,
•
Dan McGrew Larry Snyder
Chairman,Elder Board Chairman,Deacon Board
Countryside Bible Church Countryside Bible Church
S RECD DEC 01996
Tom Watson,Pastor ■ Byron Yawn,Associate Pastor • Rocky Wyatt,Youth Pastor
•
•
•
• . 250 RAVENAUX DRIVE • SOUTHLAKE,TEXAS 76092 • (8l 7)488-5381 — METRO (817)481-33.75
• CITY OF SOUTHLAKE
ORDINANCE NO. 668
AN ORDINANCE CHANGING THE NAME OF A PORTION
OF THE STREET LOCATED WITHIN THE CITY
PRESENTLY KNOWN AS "RAVENAUX DRIVE" WEST OF
NORTH WHITE CHAPEL BOULEVARD IN THE
RAVENAUX VILLAGE%ADDITION TO "COUNTRYSIDE
COURT" FURTHER DESCRIBED IN EXHIBIT "A";
PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING -
FOR THE REPEAL OF INCONSISTENT ORDINANCES.
WHEREAS, a change in the name of the street located within the City of Southlake,
Texas (the "City"),presently known as "Ravenaux Drive" west of North White Chapel
Boulevard in the Ravenaux Village Addition to "Countryside Court" has been requested by the
City of Southlake; and
WHEREAS,it is the intention of the City Council to hereby officially change the name of
such street as requested.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
• Section 1. That all of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety:
Section 2. That the name of the portion of street located within the City presently known
as "Ravenaux Drive"west of North White Chapel Boulevard in the Ravenaux Village as
described in Exhibit"A", is hereby officially changed to "Countryside Court".
Section 3. If any section,.article,paragraph, sentence,clause,phrase or word in this •
ordinance,or application thereof to any person or circumstance is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance; and the City Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity,which remaining portions shall
remain in full force and effect.
Section 4. All ordinances or parts of ordinances inconsistent or in conflict with the
provisions of this ordinance are hereby expressly repealed to the extent of the inconsistency or
conflict.
•
. 16.-3 . .
•
• • ..• . • . .
. . . .
. .
r
• PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1997.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1997.
• MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
L:\CTYDOCS\ORD\FINAL\STREET\668-ST.WPD
i
i .
, ,
.,
• ,
. EXHIBIT "A"
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City of South lake,Texas
• MEMORANDUM
January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Tom Elgin, Comprehensive Planner II
SUBJECT: 1997 Community Development Block Grant (CDBG) Program - Staff
Recommendation &Authorization for Staff to Submit an Application
Due to time constraints at the last City Council meeting,Staff's project recommendation for the 1997
Tarrant County CDBG program was not discussed. Staffs project recommendation is construction
of drainage facilities and associated improvements for Sutton Place Addition (Sutton Lane.) The
project entails construction of offsite storm drains and channel excavation, construction of inlets,
manhole and storm water collection lines within Sutton Lane, and hydro-mulching the disturbed soil
areas. .
As you can see on the attached memorandum dated June 2, 1995, this was not the 1997 project
listed in the CDBG"Timing of Improvements"as approved by City Council on June 6, 1995.At the '
time of the"Improvements"memorandum, the drainage was included in the roadway construction
S
project in 1998. However, topographical surveys performed for the 1996 CDBG sanitary sewer
project for the Sutton Place Addition revealed localized drainage conditions that were not known
until this year. Attached is an updated"Timing of Improvements"reflecting this change in project '
scheduling.Also attached are a draft copy of the 1997 CDBG application with detailed cost estimate
and exhibit and a copy of the public hearing notice for this request. '
Please place this as a consider item with public hearing on the next City Council agenda. If you have
any questions or would like additional information,please don't hesitate to contact me.
16-
TE .
enc: Memorandum dated June 2, 1995 •
"New" Timing of Improvements .
Notice of Public Hearing .
Draft of 1997 CDBG Application
•
L:I WP-FILESIPROJECTSI CDBG97ICC PH.WPD
•
1111
7 c-,
City of Southlake,Texas
MEMORANDUM
June 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Greg Last, Community Development Director
SUBJECT: Authorizing the Mayor to execute professional services contracts with
Cheatham.and Associates for the preparation of legal descriptions and exhibits
for Community Development Block Grant projects in Oak Hifi Mobile Estates
Addition and Sutton Place •
As you may recall during previous CDBG discussions,we have recently received confirmation that
Sutton Place and Oak Hill Mobile Estates have been approved as qualified target areas under the
CDBG grant program. We are bringing this item forward for Councildirection at this time due to
the need to acquire needed R.O.W.or easements prior to submittal of the 1996.CDBG application,
typically in January. We need to proceed with the required research and exhibit preparation as early
as possible so that we will have an eligible CDBG project this upcoming year. Following you will
find an approximate schedule for proceeding with the necessary research and R.O.W. acquisition
prior to'submitting the 1996 application.
TIMING OF IMPROVEMENTS: The construction of water, sewer,. streets and drainage
• improvements for both additions will be a multi-year implementation due to the limitations in annual . •
funding provided by the program. The engineering staff feels that it is likely that the S2A.sewer line
will be in place and in service prior to the N-1 (McMahan)sewer line and this would make it more
feasible to construct improvements in Sutton Place first. Our estimation of phasing at this point,
pending level of interest by target area owners,would be as follows:
CDBG CDBG CITY
YEAR PROJECT PARTICIPATION PARTICIPATION
NA R.O.W./Easement Preparation-Sutton Place(FY 1995-96)' '0 12,440
NA • R.O.W./Easement Preparation-Oak Lane(FY 1995-96) .. ' 0 21,835
• 1996 ..Sutton Place-Sanitary Sewer 131,745 ' 0
1997 Sutton Place-Water Improvements • ' 86,720 0
• 1998 Sutton Place Streets and Drainage • 140,000 82,307
• 1999 Oak Lane- Sanitary Sewer(possibly 2 year project) . 130,000 103,330 .
2000 Oak Lane-Water Improvements 112,225 ' 0
2001 ' Oak Lane-.Streets and Drainage • 145,000 75,797
BUDGET IMPLICATIONS: These projects, although funded mostly by the County, will still
• require expenditures on the part of the City. In effect,we would be leveraging a small amount.to
gain a greater benefit As shown in the previous chart, R.O.W. and easement preparation would
•
.+
City of Southlake,Texas
• come from FY 1995-96 funds. This would be funded by the Utility Fund. The chart also shows that
there may be City participation required above and beyond the CDBG allocation to do a certain
portion of the project. Some additional phasing or staged construction might be pursued which
would lower or reduce the City participation amount. Any costs of acquiring the needed easements
would also be a cost to the City, outside the CDBG funding. Public works staff will incorporate
these costs into future budgets for your consideration.
Please keep in mind that all of these stages and costs for the program improvements are rough
estimates at this time. We will be back before Council to receive direction many times regarding
these projects as well as discussing the costs during the budget review sessions.
PROCESSING: Staff will need to coordinate some neighborhood meetings as soon as possible to
discuss the CDBG opportunities for improvements with the citizens in the targeted areas. We intend
to describe the program and the timing of the improvements.
OTHER ISSUES: There are some ancillary issues which we are aware of but have not resolved at
this time. The City of Keller is currently providing water service to the residents in Sutton Place.
There may need to be some type of buy-out for Keller to transfer these accounts. Oak Lane is being
served by a private water system(CCN Number 11566)owned by a Mr.McKee. We are unsure at
this time what his position will be with regard to the proposed CDBG improvements. We will
forward you information pertaining to these issues as we resolve them.
Please feel free to call me if you have any questions.
•
GL/ls •
enc: Professional service contract for Oak Lane
Professional-service contract for Sutton Place
Engineer's Estimates for Sutton Place
Engineer's Estimates for Oak Lane
cc: Bob Whitehead
Lou Ann Heath
Ron Harper
Eddie Cheatham
Tom Elgin
L:\WP-FILES\PROJECTS\CDBG96\CC-1.RBV .
S
7e'3
. •
•
•
Timing of Improvements
January 17, 1997
CDBG CALENDER ANTICIPATED
PROGRAM YEAR SUMMARY OF PROJECTS FUNDING SOURCE
YEAR CDBG CITY
22 1996 Sutton Place- Sanitary Sewer Improvements* $129,000 0
23 1997 Sutton Place-Drainage Improvements $115,000 0
24 1998 Sutton Place-Water Facilities & Street Improvementst $130,000 $66,000
25 1999 Oak Hills Mobile Estates - Sanitary Sewer Improvements $130,000 $103,300
26 2000 Oak Hills Mobile Estates-Water Facilities Improvements $112,225 0
27 2001 Oak Hills Mobile Estates- Street&Drainage Improvements $130,000 $50,000
* Plans Completed-Bid Opening Date Pending
t Total for both projects is$196,000- $87,000 for water facilities & $109,000 for street improvements
L:I WP-FILESIPROJECTSI CDBG971TIMING.WPD
„ ,Jan-15-97 05:09P P.02
.t . •
• COMMrUNITYDEv.ELO.PME,NT BLOCK GRANT
23RD YEAR 1997 PROJECT INFORMATION FORM
1. City Name: Southlake, Texas
2. City's 3-Year Goals and Plans for Community Development Projects:
Continue to replace inadequate capacity water lines in the high pressure
plane, address paving and drainage problems in areas involving home owners
with low to moderate incomes.
3. Project Location (Complete Address,FEMA Map and MAPSCO Coordinates):
•
City of Southlake, Texas - West quadrant of City on Sutton Lane-
See Mapsco Coordinates.. Map No. 24 / Location "G”
•
4. Census Tract: 1139.02 I
11111 5. Type of Project: Storm Drainage System
6. Cost/EngineeringEstiuiate: $115,000.00
7. Funding Sources: 23rd Year CDBG Grant Funds / City Funds
8. Engineering Firm: Cheatham. & Associates
1601 E. Lamar Blvd., Suite 200
Arlington, TX 76011
Engineering.Contact: Edwin A. Apel , P.E.
Tel . No. (817) 265-8836
9. City Contact Person(s): _ Greg Last - Community Development Director
667 N. Carroll Avenue
Tel. Mo. (817) 481-5581 Ext. 750
I0. Date of Submittal: 1/31/97
7c. S
,.,]an-15-97 05:09P P.03
- ' --' '''`` DESCRIPTION OF
1. Detailed Project Description:
ENnRONME, TAN CONDITIONS
2. Detailed Project Purpose: To alleviate existing severe drainage problems
and frequent flooding in the target area.
3. Environmental Conditions: Proposed facilities will be constructed within
streets and drainage easements, thus bringing deplorable conditions
to an end.
4. City Enhancement of Target Area(City-funded Projects Only): The City has
recently constructed a 12" water main for enhanced water facilities, as
well as complete. sanitary sewerage facilities planned for immediate
construction. 12" water main Is on Florence Rd. adjacent to Sutton
addtion. Sewer lines are in and adjacent to Sutton addition.
illRequired Attachments:
X 1. City Map Marking Location of Project
__.__X__ 2. Project Map
X 3. Copy of MAPSCO Map (#24/"G")
X 4. Detailed Cost Estimate
•
X 5. Completed Environmental Checklists •
X 6. Copy of FEMA Flood Plain Map,Revised 8/2/95,(optional)
Prepared By: (Complete Title,Address,and Telephone)
Edwin A. Apel, P.E. - Project Engineer
Cheatham & Associates
• 1601 E. Lamar Blvd., Suite 200 •
Arlington, TX 76011
110 Tel . No. (817) 265-8836
v
Jan-15-97 05:09P P.04
er \ U
k • /0 /
or -.�r
DETAILED COST ESTIMATE
•
/ 0 \
City Name: City of Southlake . Date: 1/31/97
Project Description: Storm Drainage Facilities for the Sutton Place Addition
Item Description Quantity Unit , Amount
No. •
_ ?~*rice
•
1. Pre-Cast 8'x3' Conc. Box Culv. 1 EA L.S. $17,000.00
2. Channel Excavation 620 C.Y. $5.00 $ 3,100.00
3. 54" Class III R.C.P. Storm. Drains 267 L.F. $120.00 $32,040.00
4. 48" Class III R.C.P. Storm Drains 260 L.F. $100.00 $26,000.00
11111 5. 42" Class III R.C.F. Storm Drains 16 L.F. $90.00. $ 1,440.00
• 6. 36" Class III R.C.P., Storm. Drains. 30 L.F. $75.00 $ 2,250.00
7. 6'x6' "Y" Inlet 1 EA. Q2,500.0 $ 2,500:00'
8. 5' Square S.D. Manhole 4 EA. a2,000.0D$ 8,000.00 .
9. 3'x5' Grate inlet 2 FA. $1,600.0Q$ 3,200.00
10. 6" Thick Conc. Aprons/Rip-Rap . . .640 S.F. $3.70 $ 2,368.00.
11. Conc. Toe Walls/Mtl. Guard Rails L.S. L.S. $ 2,670.00 •
12. fyrdromulching L.S. L.S. $ 2,600.00
13. Trench Safety Plan 573 L.F. $2.50 $ 1,432.50 ,
Funding Match(If Applicable): Sub-Total: $104,600.00
•
City Amount: * Design/Engineering: $ 10,400.0'0
Other Sources: $115,000.00 ** Total Project Cost: $115.000.00
Prepared By: Cheatflam_& Assnri atas. Fdwi n A ApP1 , P.F.
It * As Required
** CDBG Grant Funds rage 1 of 1
A
IC_17
. Jan-16-97 06:O9P P_06
Environmental Review Chapter 4
',Checklists
:his Chapter present two checklists which can be used of other forms of approval, such requirements should
by CDBG recipients In the conduct of their en- be recorded here as having been met. Any condi-
vironmental analysis. Use of the checklists will focus cion, temporary permit or partial approval is recorded -
environmental assessment efforts and assures chat all in the next column to a document recorded in the
regulatory requirements have been met. ERR.
The first is a Statutory Checklist that covers • Conditions or Mitigation Actions Required—These
statutes, regulations and Executive Orders, other than should be listed and attached including any corm-
NEPA. to which every CDBG project must respond spondence from reviewing agencies and a designation
unless it is exempt- A listing of activities that a project of responsibility for implementation. '
. can include to be exempt from-the environmental re- For each Checklist category there may be more than
quirernents of NEPA and other related authorities. one applicable law or regulation. Pot example.in the
such as administrative actions, planning and en- case of water it will be necessary to indicate that the
vironmental studies is found in Chapter 1 (sec also 24 project is in compliance with the Safe Drinking Water
CFR 58.34). - Act and that•the various water quality acts and-.regula-
if the project is categorically excluded From NEPA tions have been considered. Check all applicable laws
procedures, this is the only Checklist which applies. If or regulations.
the project is not excluded. then the Statutory In addition. there is space provided on the Checklist
Checklist can be completed in conjunction with the form to document compliance with the applicable law.
Environmental Assessment Checklist. The Environmen- regulation or Executive Order and to indicate source
tat Assessment Checklist helps to organize an early of information and reference that support the finding.
eonsidcrgdon of numerous environmental issues. Notes, correspondence, and documents (e.g., approval
Together they become companion documents, with the letters. permits) can also be attached to the Check- •• .
Environmental Assessment Checklist recording andei- list.
paced impacts and the Statutory Checklist documenting It is recommended that State or local environtnencal
compliance with laws and regulations.. laws or regulations be added to the Statutory Checklist
as applicable to a particular CDBG comniunicy.Space •
Statutory Checklist. nos
This Checklist beenederal provided to do so on this form. fn addition.
covers Federal laws, regulations and Ex- new l: statutes and regulations should be added
ecutive Orders (see 24 CFR 58.5).These are listed with when issued.
citations following the Checklist.Appendix B briefly Gram recipients are reminded that they must certify
' covers the policy base, standards,some legal issuess that they have all
other with the obligations and riti
quiremeats of ail other applicable laws and authorities
and provides a summary explanation of each statutory ( .list i
� n Chapter 1 and 24 CFR 58,5)-
regttirement. In some cases, compliance means that the As previously stated. Appendix B contains P.general
CDBG recipients must follow detailed procedures re- explanation of each statutory requirement. However.
quired by the particular law. regulation or.Executive rather than rely solely on Appendix B users of this
Order. Guide are strongly encouraged to check individual
Findings presented in the Statutory Checklist regulations directly.
include:
• Not Applicable to this Project—Check here,only Envfrosmmenral Assessment Checklist
when it is known chat the project is not located in an •
area where the environmental condition or resource is For all CDBG projects subject to NEPA procedures,
nonexistent (e.g.. project is not located in a delineated the Environmental Assessment Checklist is a valuable
floodplain). step in that analysis. Completion of this Checklist con-
• Consultation Required—This requires that there stitutes a quick yet well documented review of en-
has been coordination with appropriate individuals at vironmental issues surrounding a specific project or
Federal or federally authorized agencies and • group of projects and a decision as to how to proceed
documented through attached notes and car- in further analysis.
respondence. Purpose
• Review Procedures Required—(e.g., completion of• The major purpose of the Checklist is to allow a more •
the 106 procedure o.f the Advisory Council on Histor- detailed analysis to focus on those categories of potcn-
ic Preservation) Bally significant impact. This can avoid a lot of
• Permits Procedure Required-Attachments should wasted energy in data collection, analysis and.report
indicate evidence at permits that have so be secured, writing for categories which have no potential for
or required procedures followed. significant impacts and require no mitigation efforts or
• Determination of.Consistency, Approvals and Per- ones for which the analyst has already done the work
snits Obtained—(e.g.,, consistency.with State coastal on previous projects. Assuming there is a file of solid
zone management plan). In areas requiring consistency
• or where projects required Federal permits, licenses
21
7CV v
• Jan-15-97 05:09P P.06
•
Environmental • .
essment - -
Statutory Checklist • ' _. -
23rd Year COBG r
Project Name and Identification No. Sutton Addition Drainage 597-11C-48-0001-60-15
Area of Statutory-I�eguIato
Compliance ,�1 ' .' .
•
(Citations for applicable statutes .' el $ s ��p Provide compliance -
and regulations are printed on . 4 1 kti At i docuiamtatt n•
the back of this Checklist. Full • .
discussion.or each is provided in p Additional material
Appendix B) p }�4 t 4, t41 `, a. Rea be attached
Y
Historic Properties k - -
Floodplain Management -
• X
Wetlands Protection -
X
Noise° • -,
X •
•
Thetal/Expiosive Hazards K
m . .
•
Airport Clear Zones X -. • _ r
Air Quality • .
. X .
Water Quality - Aquifers.
X •
Coastal Areas -
Coastal X .
Zone Management
Coastal X
•
Harrier Resources '
Endangered Specks +
X '
Farmlands Protection _ 1
X ! I 1
! 1 . 4 t
Wild and Scenic Rivers IX ! ( I
I
evidence chit required xttans have been taken.
• 7C-9.
Jan-15-97 05: 10P P.07
•
Statutory Checklist
S
Permits, Licences, Forms of
Compliances Under Other Laws
(Federal. State and Local Laws)
23rd Year CDBG
Project Name and Identification No, Sutton Addition Drai nage B97-UC-48-0001-60-15
• / / y
4:' • . . / /I)Af
OTHER AREAS OF.,.. 7VRY AN ilsee'
/aI-
/ `o Qo`' ��4.
R•EGULd'I�pRY COMPLIANCE �
i.
APPLICABLE TO PROJECT 1 .1° ��~�r � Pravido compliance
�t ` r i/ Additional Material
_ 4p• 44 may be attached
Water Quality
X
Solid Waste Disposal
X
Fish and Wildlife
. X •
State or Local Statutes
(to be added by local x
• cornmunity) - .
•
. f
•
•
[ . .
Note: Sec HUD-399-CPD. “Environmemal Reviews at the Community Level-. as
revised for further details regarding the use of assessment formats.
•
Prepared By Edwin A. Apel , P.E. Title Project Engineer
Cheatham 4 Associ ate4 _
1601 E. Lamar Blvd. , Ste 200 _
Arlington, TX 76011
Date 1/31/97 •
Ill 23
9C-/c
Jan-15-97 05: 10P P..08
•
• Environmental
Assessment Checklist -
page 1
• 23rd Year CDBG
Project Name and Identification No-_ Sutton Addition Drainage B97-UC-48=0001-60-15
J. 2 3 6 7 •
ac ae
a kf ti+
•
4q o C`rb a1'°4 r �~
o
.t.• ca 41��if �q e Source or OoeutneatOon
* ti Orate date of contact or
0 * fib a •• v S page velerzrtc& •
Impact Categories :° `` o A. if g Adcational material may be
• p g d° a 4 to t c 4 attached.
Land Development -
•
Conformance%lth •
Comprehensive x
Plans and Zoning .
Compatibility and
Urban impact X •
(1) Slaps •
x
Erosion - •
-
X
Soil Suitability -
x - •
J -
Hazards and
Nuisances.Including X •
Site Safety
Enetty - ..
Consumption
X
----Noise •
tJtectsO(Ambient
_ -
Nuke On Project anti
Contribution to C:unt-. X •
(flunky Noise Levees
•
O •
27
X—f
Jan-15-97 06r10P P.09
Environmental '
sessnnent Checklist -
Atinucd.page 21
23rd Year CDBG
Project Name and Identification No. Sutton Addition Drainage 1397-L1C-48-0001 6Q-11
1 2 3 4 S 6 7
•
C aoa •
•
a 4 -
4, * oF'No o 1
``Z. 4 -c. rY.ot_. Q8 • Source or Doctmrentadon
(Note date of contactor
t7 t71 4 t .4. page refereneel •
r: nor e 4. or g 0 es AdeNdonal material may he
Impact CategCartes Z� re 40`4�'' `et s'• 4. attached. ;
Alr Quality . .
Efects ofAinhientAlr - ••
Quality on Project and x -
Contributlon to Corn •
-
munity Pollution Levels '
Environmentt l Design and Historic Values
Visual Quality— -
Coherence.Ulversitty X .
,- Compatible Use.and _
•
Scale '- •
Historic.CulturteL
and Archaeotug'ical X
Stesources
- . • _ - -
.
Socidecvaomlc .
mographiar l — -
Character Changes X _ • ,
Displacement v —
X - •
£tnplaviment and .
Income Patterns x .
_
Community Facii'ities and Services
Educational Facilities — ' -
•
X • .. .
Commercial Facilities •
X •
- _
Itealrh Care
X _
Suciul Sev.a•es - •
X
0 _
:s
7C—iz_
•3iri-15-97 O5_ 1OP P. 1O
Environmental -
scssment Checklist j
4111Fmingled_(t:tgt7 3t
23rd Year CDBG
Project Name and IClentiEication No. Sutton Addition Drai naqe B97-UC-48-0001-60-15
1 2 3 4 S 6 7
/ ` Sa
boc 'g
a4 a` % oa
4 o�c eta Y�
_ T
b2 V" C 4) `�o 4-' Source or Docuinentadon -
r.. A -a S y �e (Nate date of=awl or
`tea ra4�r oa°4� q+ mod" page reference! .
�C et• a a - Additional Material 6e -
bripact Categories .e 437 °etrlere: 4.17 attached_ .. .
. Community Fae1iltes and SetviceslCoettinnedt •
Solid Waste
X •
. a . -
Waste Water -.
X
startn Water • _
•
III '
Water Supply
X
Pt!(7tic Safety Police
X _
Fire •
•
X
Etnetzencir
Medical X
Upon Open Spy .
Space and X
Recreatia i ,
•
•
tie.CrratiOn --
X
Culttrrtl •
Facititic:e X
•
•Trin5poflatioll
x
. .
40
7C-/3
•Jan-15-97 O5r11P- P_ 11
•
Environmental mental . .
ssinent Checklist
ued.page 41
i
23rd Year CDBG
Project Name and Identification Na. Sutton Addition Drainage B97-UC-48-0001-60-15
-
i cc z a a s s 7�Gr
b
.7- . - I.l -6:,- C4.oe Sourc cater dow.aen.don
a e. �1� ti INote of eont�cl or
i� + page reference)
• �.$ if. tia �bC a Additional material may 6e -
Impact Categories �e d° 4°@ d°4 2( ael
•
matura!Fsaturea • . _
Water Resourvea -
x
Surface Water
x •
floodplains . • -
X . . —
•
•
ds .
•
X .
Coastal tone • •
x
Unique Natutsi • .
Features and X
Agricultural Lands -
Vegetation and '
Wildlife X • -
• 3.an-15-97 05: 11P P. 12
Cnviraraneiital . - .
Assessment Checklist • .
•onicwcd.
page sf ,
R Summary of Findings
and Conclusions:
The project as planned, will provide enhapced•and adgouatE cont •ol 1 4 . ' ia•e
and will substantially upgrade the quality of life for the addition...
MedicalJService/Fire vehicles cannot provide adequate available service due
-to frequent flooding conditions.
Sutnnuary of
•
Environmental
Conditions! .
Surface drainage and storm water passes over land under and around existing
- home sites on a frequent basis: No storm•drainage _system_exists_i actor ingly.
conditions are deplorable. • .
Project Modifc atious 0 and Alternativee •
Considered: . - .
There are no alternatives! -
3l
1C-1.5
...an-t=- i c.r5: J..ir P_ 13
Environmental •
Assessment Checklist
tinned,page 61 .
•
i'._ _
. _ .
. .
Additional Studies
Perforated(Attach
Study or Summary) Not_App1 i cabl e! _
---------------
IV .- . .
Mitigation Measures , - -
Needed: - ..
The proposed drainage facilities will satisfy needed mitigation for drainage °
enhancement.
•
IC -Ili
Jan-15-y/ u5=11F" P. 14
Environmental
•Assessment Checklist
feoff tinucd.page 7.
•
1.Is project in compliance with applicable laws and
regulations? W Yes Cj No
2.Is an EIS required? 0 Yes fEJ No •
3.A Finding of No Significant Impact(FONSII can be made.Project will not
significantly affect the quality of the human environment. ®Yes ❑No
Prepared by Edwin A. Apel, P.E. Title Project Engineer
Cheatham & Associates
1601 E. Lamar Blvd., Suite 200
Arlington, TX 76011 •
Tel. No. (817) 265-8836
•
•
•
•
Date 1/31/9.7 •
•
•
• 7C-11
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1 29'.3 SUTTON PLACE • I 'Id4 '
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City of Southlake,Texas
STAFF REPORT
0 • January 17, 1997
CASE NO: ZA 96-71 PROJECT: Resolution 96-51 /Specific Use Permit
Outside Storage/Great Outdoor Landscape
STAFF CONTACT: Dennis Killough, Planning Technician 481-5581, Ext. 787
Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743
REQUESTED ACTION: Specific Use Permit for Outside Storage for Great Outdoor
Landscape, per Zoning Ordinance No. 480, Section 45.1
(27). The property is described as Lot 3 Block A, Hart
Industrial Park and being approximately 0.998 acres situated
in the John N. Gibson Survey, Abstract 591.
LOCATION: North side of Hart Court, approximately 225' east of the
intersection of Brumlow Avenue and Hart Court.
OWNER: Joseph Hart
APPLICANTS: Scott and Carol Malone
CURRENT ZONING: "I-1" Light Industrial District
ma
• LAND USE CATEGORY: Mixed Use (may office
residential uses as well as oce
buildings, hotels, and commerical and retail centers that serve
local and regional needs)
NO. NOTICES SENT: Five (5)
RESPONSES: One (1) written response was received within the 200'
notification area.
•Joseph F. Hart, RR 1 Box 184, Edgewood, Texas 75117-
9710, in favor of. "Property zoning is industrial; it's okay
with me."
P & Z ACTION: July 18, 1996; Denied (7-0)
December 19, 1996; Approved(7-0)to table and to continue the
Public Hearing until the January 9, 1997 Planning&Zoning
Commission meeting due to Resolution 95-24.
• January 9, 1997; Denied (6-0)
COUNCIL ACTION: August 6, 1996; Approved (6-0) to table until August 20,
1996 per the request of the applicant.
September 17, 1996; Approved (6-0) to table until November
5, 1996 per the request of the applicant.
1D-
City of Southlake,Texas
November 5, 1996; Approved (7-0) to table until the December
• 3, 1996 City Council meeting per City Council Action.
December 3, 1996; Approved (7-0) applicant's request to
remand back to the December 19, 1996 Planning & Zoning
Commission meeting.
STAFF COMMENTS: The applicant has met all the review comments on the Plan
Review Summary No. 1 dated July 12, 1996 and Plan Review
Summary No. 2 dated November 27, 1996 with the exception
of those items addressed in Plan Review Summary No. 3 dated
January 17, 1997.
L:\WP-FILES\MEMO\96CASES\96-071 SU.WPD
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ADJACENT OWNERS li
AND ZONING
. •
• 4 11 16.IA C • Spin Representative #7 .
!
Darrell Faglie
I
-10'44
•
City of Southlake,Texas
CONCEPT PLAN REVIEW SUMMARY
•Case No. : ZA96-71 Review No: Three Date of Review: 1/17/97
Project Name: Concept Plan for S.U.P (outside storage) -Great Outdoors Landscape,Lot 3,Block A,
Hart Industrial Park
OWNER/APPLICANT: ENGINEER:
Great Outdoors Lands%;ape William E. Hickey Designs
2510 Central, Suite 1214 1384 Shady Lane#1407
Bedford,Texas 76021 Bedford, Texas 76021
Phone : (817)283-1749 Phone : (817) 545-1967
Fax : (817) 685-0388 Attn: Scott Malone Fax : (817) 496-0951 Attn: Bill Hickey
CITY STAFF HAS REVIEWED'THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/15/97 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.
:?:4i:^}i:•iiii:J:rib/.+r .. ....•.+n......,+....+.............................
....... .. ......... .. .............v.-..v:.v:::.w.v::r:.•::..v:v:v:::nv.v:.•.v:.vw::.:v.vv:.w::x::.v:;.•.v::, +..n.�r:.;n+;.q•.•.vv%::+•*%i::;:.^::^i:i9::ii i:•::.:
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1. The proposed curb return must be tangent to the adjoining roadway pavement and cannot extend
• •
beyond the intersection of side property lines.
P& Z ACTION: July 18, 1996; Denied (7-0).
December 19, 1996; Approved (7-0) to table and to.continue the Public'
• Hearing until the January 9, 1997 Planning& Zoning Commission meeting
due to Resolution 95-24.
'January 9, 1997; Denied (6-0)
COUNCIL ACTION: August 6,• 1996; Approved (6-0) to table until August 20, 1996 per the
• request of the applicant.
September 17, 1996;Approved (6-0) to table until November 5,.1996 per the
request of the applicant.
November 5, 1996;Approved (7-0) to table until the December 3, 1996 City
Council meeting per City Council Action.
December 3, 1996;Approved (7-0) applicant's request to remand back to the
December 19, 1996 Planning & Zoning
•
rip"
City of Southlake,Texas
The applicant should be aware that new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 1/27/97. If not received by that time,no review will be prepared until the
following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17"
revised reduction must be provided. r
* The applicant should be aware that prior to issuance of a building permit a site plan, landscape plan,
irrigation plan, and building plans,must be submitted for approval and all required fees must be paid.
This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water&
Sewer Impact and Tap Fees, and related Permit Fees.
* Although no review of required parking or interior landscape is provided at the Concept Plan level,
staff strongly recommends that the lot be evaluated for compliance with the off-street parking
requirements per Ord.480,Section 35,and the interior landscape area requirements per-the Landscape
Ordinance No. 544 prior to preparation of any site plans. The applicant should be aware that all areas ,
intended for vehicular use must be of an all weather surface material in accordance with the Zoning
Ordinance and all fire lanes must be per the City Fire Department.
* Denotes Informational Comment
cc: Great Outdoors Landscape
William E. Hickey Designs
:\W P-FILES\REV\96\96-071 CP.3
0 . •
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•
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•
ADJACENT PROPERTY -
OWNER.SANDRA MCKAY c
• VOL 7311 PG.1754 _ ,J
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N 67d 20'27•-E 160.00' to Tree I�NDSI-ABPE BUTTER
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LANDSCAPE BUFFER ;: //�%�j/�/1�%/��.4,4#%iii/�Zi�/�r.%:%:''•} IJ�NDscAPE BUFFER [� ^
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ADJACENT PROPERTY �S -.mew cm ADJACENT PROPERTY
• HART INDUSTRIAL A PARK �m�Ar .. N. ii� .LOT 4/BLOCK A W
~ LOT 2/BLOCK A $:}�: :I?: JOSEPH HART
NU MORSE i ammoII0 .j.• AMERRRDRIVE ^A
0 YOASE CONSTRUCTION INC. 20; menu GUN BARREL!.CITY.TEXAS PA 4„1
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3750 SQ.FT.
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i•. NO EXISTING DRIVEWAY EAST OF PROPERTY. _m�u \Q(U W 0~
G ••• ...1n) + 600 8Q.FT.LT 0Y7TCE SPACE .tooe f::,::? - THE TOWN 100 SPACING BETWEEN DRIVEWAY CENTERIJNE9 --.--.— .-_^-., 0 L.)Q
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:j:; "•y y is i���%� �•y r:.;� DRIVEWAY TO TILE inwr or PROPERTY ,, p La
/^ :.. IS APPROX. 105-0 TO CENTER I uI
' :414———_— // /% ..•+: THE PROPERTY TO TIRE WEST IN FRONT IS A11 CONCRETE.
NI CONCRETE jl , CONCRETE i0.•r+
• PAYING ,��// #',. PAVING •:;ar_r •
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HART STREET
60'B.O.W.
111511.
• ' CONCEPT PLAN
- ADJACENT PROPERTY SCAM 1• 20'-0• "J"
HART INDUSTRIAL PARK
- p N
LOT 3.4,6/BLOCK B i Q�1a zE
• JOSEPH HART �l f=-==l_----5-_----_' 1 NN 6eIi
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GUN BARREIL CITY.TEXAS NORTH g
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LU.D.:YOUD USE
RESOLUTION NO. 96-51
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT
FOR OUZ'SIDESTORAGE ON PROPERTY WITHIN THE CITY
OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
LOTT 73,,7-11 ART7INDUSTRIAL PARK AND BEING
APPROXIMATELY .0998 ACRES; MORE FULLY AND
i ,.E
COMPLETELY DESCRIBED IN EXHIBIT "A," AND AS
DEPICTED IN THE APPROVED CONCEPT PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B"
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for outside;storage has been requested by a person or
corporation having a proprietary interest in the property zoned as p'1=1""I;iglitIn us`ria District;and,
WHEREAS, in accordance with the requirements of Section 45.1 (27) of the City's
Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have
given the requisite notices by publication and otherwise, and have afforded the persons interested •
and situated in the affected'area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby.find and determine that the granting of such . •
Specific Use Permit is in the best interest of the public health, safety, morals and general welfare
of the City.
•
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted for outside:;St<i age on the property legally
described as Cot 3; ar=.t TnUNffi li T4i and being approximately 0 99;8 acres, as depicted on the
approved Concept Plan attached hereto and incorporated herein as Exhibit "B," subject to the
provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein.
•The following specific requirements and special conditions shall be applicable to the granting of this
Specific Use Permit:
1.
2.
3.
4.
S 5
L:\WP-FILES\RES-ORD\96-051.OUT 10 -8
Resolution No. 96-51
Page 2
• SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS DAY OF , 1997.
CITY OF SOUTHLAKE
By:
Rick Stacy, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
•
• APPROVED AS TO FORM:
City Attorney "
City of Southlake, Texas •
• "
L:\WP-FILES\RES-ORD\96-05 LOUT 1 ��
Resolution No. 96-51
Page 3
• EXHIBIT "A"
The property is described as Lot 3, Hart Industrial Park,being approximately 0.998 acres situated
in John N. Gibson Survey; Abstract 591. The site is located on the north side of Hart Court,
approximately 225' east of the intersection of Brumlow Avenue and Hart Court.
•
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ZONED:I-1
LUD.:MINED USED .
ill A
II 604 20'27'E 160.00' UfNDSCAPE BUTTER
10 TYPE B
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-• SYMBOL LEGEND pi 1 y,q o
LANDSCAPE BUTTER :*:. //��i��z/j�//f-//Sdwz.,///ii//fr01;*; LANDSCAPE BUTTER [�]
f0'-0'.TYPE 71" I :SY/O�jj����J���//,��/�� j/��tii:• 10'-0.TYPE 7f• •7� - F m
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ADJACENT PROPERTY I •ETA IMMIX m:uc1 ADJACENT PROPERTY 1-1
I1''I� �+m Wr LOT 4 BLACK A
HART INDUSTRIAL PARK I •
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• LOT O BLOCK A :::: IL'JI Gomm iiiili. 240 ARBOR DRIVE �j W
MORSE CONSTRUCTION INC.E 120 :r••. _ TS 47 GUN BARBELL CITY.TEXAS U z•
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SOO4 HARTUTNIAISE,TEXAS I ;:«: ewiw.0 w nrtw +r;: . ZONZO:I-1 V] 0I O
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ZONED:1-I : 4ti Mt ::•: y Z`'
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PROPOSED ZONING:I-1
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:;:• LOT S/BIACR A e PROPOSED LV.D.:MIXED VSE p p EE�-yN U
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GREAT OUTDOORS LANDSCAPE { : L NO EZIST'G TREE COVER Q C0
a;::}r 076E LE IT. >�};,, NO MISTING DRIVEWAY EAST OE,PROPERTY. e J ^A 0 V G4 v
•• ONE U:Vtl, •4,4 ''r TILE MINIMUM SPACING BETNEEN DRIVEWAY CENTERLINES
;:;::' d 600 9p.IT.J9 OFFICE SPACE '}:� _._.�.-.__�__ ® ._ i
AMUST IE TOO'.CURB RADDI CANNOT EXtCND BEYOND
Txe sroE Los LINES. T R.(•,•�"•• i
• :j .....
: ///////////////////////////�///yA •.•• DRIVEWAY TO Tf)E jfE•4S Oi PROPERTY 0
w'-- r. .(5rr//("7 d-A• '''':: IS APPROK.105-0 TO CENTER
---Nir•' THE PROPERTY TO THE WEST IN FRONT IS AU.CONCRETE.
f::•
} CONCRETE /� CONCRETE,:(�. T: �.a"... .
• PAYING — : PAVING r:,m'-e• "'
N 004 love•E 150.O t' VICINITX MAP Jp i.. 4-
LANDSCAPEUFFER 10•-• TYPH' NOT TO SCALE
nrr
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HART STREET 11 a
CO'ILD.i.
- . CONCEPT PLAN
• SCAIN.1'.20,-0' ,� 1M
ADJACENT PROPERTY i
1oT HARINDUSTRIAL
BLOCK BARK - f_-'L I'"_:.- 1. _I- . - "- . i 8
JOE0PN RAPT NORTH p#\
Nt AMR DAM r N'
• • 0UN BARREL.CITY,TEKAE . 3 ia1:1
7014?
ZONED:1-1
LU.O.:MIXED USE
City of Southlake,Texas
STAFF REPORT
January 17, 1997
CASE NO: ZA 96-157 PROJECT: Site Plan/Timarron Neighborhood Center
Number 2
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Site Plan of Timarron Neighborhood Center Number 2,being
Lot 30, Block 28 of the approved Final Plat of Village F, and
being approximately 3.471 acres situated in the O. W. Knight
Survey,Abstract No. 899 and being a portion of Tract 2C1A.
LOCATION: Northwest corner of the intersection of Byron Nelson Parkway
and the proposed Inwood Drive.
OWNER AND APPLICANT: Timarron Land Corporation
CURRENT ZONING: "R-P.U.D. No. 1" Residential Planned Unit Development
LAND USE CATEGORY: • Low Density Residential (may include limited low intensity
office and/or retail uses may be permitted)
NO.NOTICES SENT: Ten(10)
RESPONSES: One (1)response was received within the 200' notification area:
• Michael Hodge, 402 Jackson Square, Southlake, Texas,
opposed. Resident cites concerns with location of the
recreation center, loss of privacy, noise,traffic, and
lighting. See attached letter.
P&Z ACTION: December 19, 1996;Approved(7-0)to table and to continue
the Public Hearing until the January 9, 1997 Planning &
Zoning Commission meeting due to Resolution 95-24.
January 9, 1997; Approved (5-0-1) subject to Site Plan Review
Summary No. 1 dated December 13, 1996; amending Item#4C
(provide all required bufferyards)to redistribute the required
plantings on the site; deleting Item#7 (regarding required
parking) to accept 46 spaces as shown; amending Item#9
C-
City of Southlake,Texas
•
• (location,type, and height of all walls, fences, and screening
devices, 8' screen required adjacent to residential properties)to
provide 4" - 6" caliper native cedars by parking lot along the
• southwest corner. Additional recommendations: relocate
multi-purpose court where playground is, and move
playground west of the pavilion; relocate tennis courts to east;
relocate trail to east of trees along the west.
STAFF COMMENTS: The applicant has met all items in Site Plan Review Summary
No. 1 dated December 13, 1996, with the exception of those
items addressed in the attached Site Plan Review Summary No.
2 dated January 17, 1997.
L:\WP-FILES\MEM0\96CASES\96-157SP.WPD
•
4110
•
Dear Zoning and Planning Commission:
•
C. When Domonion subdivision was sold to me, the land behind me was
plated for single family homes. I spent many hours calling to •
talk and investigate with Timarron about their future plans. The
president for that development 2 1/2 years ago assured me that
area was to be made into single family homes with a small meeting
area where the present farT.Li house is located. Now they want to %
build a u+:rza.e: rec center that the immediate
neighbors can NOT' u.se, but have to live with the noise, lights,
cars, etc. associated with a center of this type. I can see the
level of this concern in it present form just at the entrance of
Timarron subdivision off Continental right now. If I wanted to
buy into this type community living; I would have bought in •
Timarron. All the trees, bushes .and fencing is not going to give
me back my quite, private life style I have now. I can see why
they want. to •build in this area, the present and future home
owners in Timarron don't want it around their homes, so they' ll
develop it up against some body else.
If they want to built an. area like this have them do it in the
• middle of TH_ ElRisubdivision not on the edge, backed up to some
one else home.
Please do rat... allow them to develop' this in my. back yard!
110 Itt/a
•
• ? G ter Ir+
S�
•
}- •
I g- y, .,K c[a l•
RECDDEC 1 1 1996
41) ZA96-157 Adjacent Land Owners and Zoning
10-Dec-96
Number Owner Name Zoning
01 DREES COMPANY PUD
02 WEEKLEY HOMES INC. PUD
03 TIMARRON LAND CORP. PUD
04 TIMARRON LAND CORP. PUD
05 TIMARRON LAND CORP. PUD
06 TIMARRON LAND CORP. PUD
07 DREES COMPANY PUD
08 TIMARRON LAND CORP. PUD •
09 TIMARRON LAND CORP. PUD
10 TIMARRON LAND CORP. PUD
11 CARLEN,D. SF-20A
S12 CANFIELD,C. SF-20A
13 ESTATES OF VILLAGE PARK SF-20A
13 KRUSE,S. SF-20A
14 • MONUMENT PROPERTY CO. SF-20A
16 KIM,V. SF-20A
17 HODGE,M. SF-20A
• 1
Iel(4)
•
City of.Southlake,.Texas
SITE PLAN REVIEW SUMMARY .
OCase No.: ZA 96-157 Review No: Two Date of Review: 1/17/97
• Project Name:Site Plan-Timarron Neighborhood Center Number 2,being Lot 30,Block 28 of the approved.
Final Plat of Village F,and being approximately 3.471 acres situated in the O.W.Knight Survey,Abstract
No. 899
OWNER/APPLICANT: . ENGINEER:
Timarron Land Corporation Carter& Burgess, Inc. `
300 E Carpenter Freeway, Ste. 1425 7950 Elmbrook Drive, Ste. 250
Irving, Texas 75062 Dallas, Texas 75247-4951
Phone: (214) 791-3333 Phone: (214) 638-0145
Fax: Fax: (214) 638-0447 Attn: David Hollander
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/14/97 AND WE OFFER
THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL
UNLESS'SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER
CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. •
.v....s..: ..:::.w:..w .:...:...:4x:•.::v.•.:•w•:•::...1....xlLKY ........v ..n.:... ...:u... ........:f hnf....\.... +....nxtt w:..n..: ux...x: :..v.::n+iii
1. Reference the lot,block,.and subdivision name of the"Approved Final Plat" for which this is a part of in •
• the title and the lot graphic: If any, show easements on the lot graphic. . .
2. The following corrections are needed with regard to bufferyards:
•
A. Correct the length of the south bufferyard to 322'. Correct the required plantings to reflect the
change in length. •
B.. Provide all required bufferyards and plantings.Any existing plant credits..for existing trees must
• be in compliance with Ord. 480,•Sec. 42.4.g. and a credit calculation•chart provided.No credit . •
toward required shrubs is given for•existing trees. The applicant has requested variances for
• required bufferyards as noted on the plan. (P&ZAction 1/9/97:Amend to allow relocation of the •
required plantings elsewhere. on the, site) Please note .that the plan reflects. the P & Z •
'recommendation with the exception of a deficiency of 10 Accent Trees. • .
•
* '. Item No. 1 in."Other Comments"of the.bufferyard calculation chart shown on the plan will only
apply to:bufferyards and fencing adjacent•to rights-of-way.
3. Required parking is based on the following criteria: •
1 space per 100' sf of floor area for enclosed community center/club.house. S
1 space per 500 sf of outdoor recreation pool surface and deck area.• .
5 spaces for multi-purpose court
2 spaces per tennis court
It appears that the required number parking spaces is 83 spaces..The applicant has provided.46 parking•
spaces. (P& ZAction 1/9/97: delete to allow 46-spaces as shown)
•
• 4. Based on the number of parking spaces provided the minimum required driveway throat depth is 28'
measured from the R.O.W.to the first possible turning movement.The applicant has met the throat depth
410
based on the provided number of parking spaces. However, based on the required number of parking
spaces the minimum required throat depth is 75'.
IX 1 •
City of Southlake,Texas
5. Show the location,type,and height of all walls, fences,and screening devices(note whether existing or
proposed)on the graphic.A minimum 8'screening device meeting the requirements of Ord. 480, Sec. 39
• is required adjacent to all residential properties. (P&ZAction 1/9/97: amend to provide 4"- 6"caliper
native cedars by parking lot along the southwest corner.)
6. Dimension buildings and structures on the site. Provide the distance between building(s) and other
structures and distance from building(s) and other structures to property lines..
7. If any, show the location,orientation,type and height of lighting, signs, and exterior auditory.
8. Show the location of all trash dumpsters noting the type and height of screening device.
9. Show the location of any proposed/existing hydrants. Show, label, and dimension all fire lines. Include
all curb radii dimensions adjacent to the fire lane. All fire lanes and hydrants must be per the City Fire
Dept. requirements.
P&ZACTION:• December 19, 1996;Approved(7-0) to table and to continue the Public Hearing until the
January 9, 1997 Planning&Zoning Commission meeting due to Resolution 95-24.
January 9, 1997;Approved(5-0-1) subject to Site Plan Review Summary No..1 dated
December 13, 1996;amending Item#4C(provide all required bufferyards)to redistribute
• the required plantings on the site;deleting Item#7(regarding required parking)to accept
46 spaces as shown;amending Item#9(location, type, and height of all walls,fences, and
screening devices, 8'screen required adjacent to residential properties) to provide 4"-
6" caliper native cedars by parking lot along the southwest corner. Additional
recommendations: relocate multi purpose court where playground•.is, and move
playground west of the pavilion; relocate tennis courts to east; relocate trail to east of
trees along the west.
* No review of the landscaping plans is intended,with this plan. Separate landscape and irrigation plans
meeting the requirements of Ord. 544 will be required prior to the issuance of a building permit.
* 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 filed in the County
. Plat Records, a fully.corrected site plan, landscape plan, irrigation plan, and building plans, must be
submitted for approval and all required fees must be paid. This may include but not be limited to the
following fees: Park Fee,Perimeter Street Fee,Water& Sewer Impact and Tap Fees,and related Permit
Fees.
* Denotes Informational Comment
cc: Timarron Land Corporation
• Carter& Burgess, Inc.
•L:\WP-FILES\REV\96\96-I57SP.2
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RED JAN 131997 ' SITE PLAN SP i
"CAGE N(1, 7A 9F-157" ...,tM1•ISMII Cr.'l II.VA..l
City of Southlake,Texas
STAFF REPORT
• January 17, 1997
CASE NO: ZA 96-150 PROJECT: First Reading/Ordinance No. 480-225
Rezoning and Site Plan/The Children's Courtyard
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 3.207 acres
situated in the R. J. Paden Survey, Abstract No. 1255, and being Tracts IA
and IA I.
LOCATION: South side of Southlake Boulevard(F.M. 1709) and approximately 200'west
of the intersection of Waterford Drive and Southlake Boulevard(F.M. 1709)
OWNER: Lila M. Pinson(Tract IA) and Lloyd Martinson (Tract IA 1).
APPLICANT: Realtex Ventures, Inc.
�URRENT ZONING- "AG" Agriculture
REQUESTED ZONING: "SP-1" Detailed Site Plan District with "C-2" Local Retail Commercial
District uses limited to day nurseries only and adding private kindergarten
uses
LAND USE CATEGORY: Medium Density Residential(may include limited low intensity office and/or
retail uses)
CORRIDOR
RECOMMENDATION: Residential (any Single Family Districts)
NO.NOTICES SENT: Thirteen(13)
RESPONSES: Six(6) letters were received within the 200' notification area:
• Charles and Vaunda Whitacre, 110 Waterford Drive, Southlake, opposed.
1). Increased noise level with 300 children in our backyard. 2).
Increased traffic congestion/problems on FM 1709. 3). Decreased
property value because of day care in our backyard. 4). Loss of privacy
111
to inquisitive children. See attached letter and petition.
• Jack and Kelly Kapich, 1402 Mayfair Place, Southlake, opposed. "We
are especially concerned about the noise factor (we love children but
don't want 150 kids playing on other side of our fence) and secondary
we're concerned about the traffic on 1709 this could be a mess." See
8a—I
attached letter and petition.
• • Karen Nyhoff, 1404 Mayfair Place, Southlake, opposed. "We are very
strongly opposed to this project particularly since our property is
adjacent. We fee this will lower our property value and make it difficult
to sell our home if we needed to. The traffic in and out will be significant,
but most importantly we do not wish to be in our yard or sitting by the
pool listening to day care children playing on the other side of the fence.
We know how much noise children make (we have 3) and it will be
unacceptable whether it is 20, 50, 100, or 300 kids outside." See attached
letter and petition.
• William Harless, 106 Waterford Drive, Southlake, opposed. "Increased
traffic. Proposed business could affect(negatively)property values." See
attached letter and petition.
• Daniel George, 1406 Mayfair Place, Southlake, opposed. "Increased
traffic on 1709-300 children screaming at my back fence-Reduction of
property value." See attached letter and petition.
• Stuart and Mary Mclean, 104 Waterford Drive, Southlake, opposed.
"Traffic to and from will be unbearable. The noise level for the home
owners is extremely undesirable and will have a negative impact on the
value of our property." See attached letter and petition.
Five(5) letters were received outside the 200' notification area:
• • Carol and Charlie Broadaway, 600 Bentwood, Southlake, in favor, "...
Mr. Pinson has gone to a rest home ... (The properties) are nothing but
eyesores and a day care could get rid of them ..." See attached letter.
• Don and Carol Johnson, 3130 Peninsula, Southlake, in favor, "The
Pinsons are elderly and in poor health.They need to sell this property and
not have their money tied up. This family has lived in Southlake before
all the new developments existed. To have the selling of their property
blocked again would be sowing bad seeds." See attached letter. •
• Phil Jobe, 3838 Oak Lawn, Dallas, TX 75219, opposed. "On behalf of the
Stone Lake Home Owners."
• H W. Cook 201 E Highland, Southlake; in favor. "With regard to the
opening of a new day care center in Southlake,we think there would be
more advantages than disadvantages to this proposal."
• William B. Kemp, President-Southridge Lakes HOA, opposed. "The land
use plan classifies this property as residential. Therefore, commercial
zoning is not appropriate."
One letter in opposition,was received with six signatures of residents, all
within the 200' notification area (names are cited above). The letter's main
concerns are: compliance of the Land Use Plan,generation of traffic,location
of driveways, location of building, loss of privacy for homeowners, and the
• noise created by children playing on the proposed playgrounds. See attached
letter with signatures.
P&Z ACTION: November 21, 1996;Public Hearing continued to December 5, 1996, due to
• Resolution 95-24.
December 5, 1996; Public Hearing continued to December 19, 1996, due to
Resolution 95-24.
December 19, 1996; Denied (7-0).
COUNCIL ACTION: January 7, 1997; Public Hearing continued to January 21, 1997 due to
Resolution 95-24.
STAFF COMMENTS: The applicant has met all the items in Site Plan Review No. 1 dated
November 15, 1996 with the exception of those items in the attached Site
Plan Review No. 2, dated January 17, 1997.
L:\WP-FILES\MEMO\96CASES\96-150ZS.WPD
•
•
8a-3
1F,
4 .
• November 17, 1996
City of Southlake
667 North Carroll Avenue
Southlake,TX 76092
Attention: Planning and Zoning Commission
Mr. Chairman and Commissioners:
On Thursday, November 21, you will be considering Zoning Case ZA 96-150 entitled
"Rezoning and Site Plan/The Children's Courtyard." Previous development actions have
created a situation where there are two small parcels of land located between a residential
community and a local high school thereby limiting their uses. As citizens who live
adjacent to this property, we recognize the difficulties regarding the future use of the
properties. We also recognize that the landowners' past actions have substantially
contributed to this recurring dilemma.
If we could have our choice, we would prefer to seethe properties purchased by CISD for
• the high school or have a developer build several residential homes on the sites. We
realize the likelihood of this occurrence is small and the probability is higher that these
• properties will be developed as a non-residential use. We are not opposed to non-
residential uses, but its granting should be given with caution. We ask you to be selective
with the properties' uses and take steps to ensure a developer cooperates with adjacent
property owners to create a development which will enhance surrounding neighborhoods.
We have reviewed the proposed ZA 96-150 rezoning request and ask the Planning and
Zoning Commission to deny the Applicant's request for the following reasons:
(1) Both, the Master Land Use Plan and the Corridor Overlay Land Use
Recommendations have planned these properties to be used .for medium density
residential allowing for limited low intensity office and/or retail uses. This large
daycare and school for approximately 300 children does not meet the intent of these
City planning documents.
(2) The proposed uses are high traffic generating and create peak traffic issues in an area
which is already experiencing severe traffic congestion. The developer has stated that
previous studies show peak arrivals/departures occurring within 1 1/2 to 2 hour time
periods. With this in mind,we have the following observations and/or concerns:
•
REC10 NOV 2 01996
(a) With 300 children (not including staff), this use can generate 1 car every 18-
to-24 seconds within the peak time period. Add 60 potential staff members
and the values increase to 1 car every 15-to-20 seconds.
(b) Between the hours of 7:00am and 9:00am, which is the prime time period for
dropping-off children, current east-bound traffic is stacked-up well past this
property from intersection of Waterford Drive and FM 1709. Customers will
have great difficulty exiting to the west while crossing the congested east-
bound traffic as well as exiting into the east-bound traffic. Arriving west-
bound customers, trying to enter this property, will cause traffic stoppage and
have great difficulty crossing the congested east-bound traffic. This
dangerous situation is exacerbated by the close proximity of the proposed
driveway to the intersection of Waterford Drive and FM 1709.
(c) Between the hours of 4:00pm and 6:00pm, which is the prime time period for
picking-up children, current west-bound traffic is extensive making it difficult
for west-bound traffic to cross east-bound traffic and enter into this property
without causing stacking concerns or dangerous turn situations. Many of the
morning conditions also exist at this time thereby creating similar traffic
issues. This dangerous situation is also intensified by the close proximity of
the proposed driveway to the intersection of Waterford Drive and FM 1709.
• (3) The proposed driveway spacing is 200' from the intersection of Waterford Drive and
FM 1709 and does not meet the intent of our City's requirement for 500'.
(a) The incorporation of a "right-in/right-out" driveway will only cause further
safety concerns with west-bound citizens performing U-turns to enter into this
property.
(b) Moving the driveway to the west may benefit the situation, but will create a
concern with the full access drive on the CISD property. At this time, the
CISD driveway is used as a fire lane, however,nothing restricts its later use as
an entrance to the high school's parking lot to which it is connected.
The most viable solution to this driveway situation is to have a very low traffic generating
use zoned for this property or to combine it with the high school property.
(4) The proposed driveway does not meet the required 75' depth requirement. We
question that this required 75' depth will be sufficient for a use with inherent peak
traffic issues and the mentioned child drop-off process.
(5) We have strong reservations regarding the interior circulation of the proposed parking
lot. Having only one egress/ingress on a narrow piece of property can cause
• dangerous and inefficient internal traffic congestion and pedestrian concerns.
2
Pia- 5
(6) The northern building is situated facing east causing its side to face FM 1709 and the
• rear of the building to be seen from FM 1709.
(a) We don't believe Southlake citizens want to look at the rear of this building
when traveling east on FM 1709.
(b) Placing the playground close to FM 1709 creates safety concerns for the
children.
(c) The 6' chain-link fence is not appropriate for this site. It creates safety
concerns related to the children while allowing everyone to see this facility's
playground equipment and accessories. The placement of such a fence will
also require the removal of some well-established trees.
(7) The large playgrounds(for up to 300 children) cause extensive concerns:
(a) Substantive noise can be generated all year round. It is of special concern in
the summer when many neighboring residents will be outside. Residents can
already hear tennis court conversations and school activities, one can imagine
the noise from large numbers of small children. The Applicant has tried to
downplay the amount of children that will be allowed on the playground at
one time. If this is so, then why ask for so large of playgrounds? Even 20
S
small children can generate a lot of noise.
(b) The existing wooden fences can be easily scaled by adventuresome children
thereby causing safety concerns with many of the adjacent residents who have
swimming pools.
(c) In effect, neighboring residents will lose their privacy to inquisitive children
on playground equipment.
(d) The Applicant has suggested moving the southern building to the east and
planting more trees. Unfortunately, the movement of the building creates
further privacy issues. The addition of more trees will aide the situation, but
cannot remove or substantively reduce the noise.
(8) Within 1,000 feet of the proposed development, there are various sites which are
already zoned to allow this type of use. At this time, the City should not pursue the
creation of a non-residential development adjacent to a residential community,
especially one planned for medium residential uses.
The consolidation of the two lots and the portrayal of the site demonstrates that
residential or non-residential uses can be located on this property. As we mentioned
earlier, we are not opposed to non-residential development on this property. Our
• preference is to have one that is non-intensive while designed in such a manner as to
3
enhance surrounding property values and citizen quality of life. We ask that you consider
• our concerns and deny the Applicant's requested rezoning. Thank you for your support.
Adjacent Stone Lakes Residents
(see attached signatures)
cc: Karen Gandy, Zoning Administrator
Southlake Mayor and City Council
•
4
earl
•
• Adjacent Stone Lakes Residents
In Opposition to ZA 96-150
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City of Southlake,.Texas
• SITE PLAN REVIEW SUMMARY
•ase No.: ZA 96-150 Review No: Two Date of Review: 1/17/97
Project Name:Site Plan for"S-P-1" Zoning,Children's Courtyard,3.2743 Acres in the R.J.Paden Survey
Abst. No. 1255,
APPLICANT: ARCHITECT:
Realtex Ventures, Inc. Gary Wood
1825'Wimbledon Drive 806 E. Abram
Arlington, Texas 76017 ` Arlington, Texas
Phone : (817) 784-9947 Phone : (817) 548-8714
Fax : (817)468-952.1 Attn: Jim Mills Fax : (817)261-2302
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/14/97 AND WE OFFER
THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL
UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL IF YOU HAVE ANY QUESTIONS OR NEED FURTHER
CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.
•
ter::.. .: :.': N«•>}xc
n....... ,......:..} ......ti3•/u...,....,..i.�••:n..v.n.•!uh:•niryu..... .Y........r.lw.r. .:......f..Y::�.':...... ..l...f:.•:�•.•N......L........:..
1. The following changes are needed with regard to bufferyards:
A. Correct the bufferyard type labeled on the graphic for the north bufferyard to reflect a 20' Type
'0' bufferyard.
• .B. Label the "provided" bufferyard types•and plantings in the bufferyard calculation chart.
Provided bufferyards and plantings must be either equal to the•required or be an approved
substitute.
2. The following changes are needed with regard to the interior landscape: .
A. Label the provided landscape in the calculation-chart. The provided landscape must be equal or •
greater•than the required.
B. Clearly designate all areas intended'for landscape on the graphic. Although there appears to be
enough lot area to accommodate the required interior landscape,the area designated to the.plan • •
appears deficient. No landscape parking islands are designated for parking spaces.adjacent to .
the north building. Provide the required landscape area in parking islands (13 sf./parking stall.
is the required ratio). •
3. The following changes are needed with regard to 'driveways and compliance with the Driveway. •
Ordinance No. 634:
• A. Minimum depth for traffic.stacking is 75'. The depth provided is 70'. •
• B. The minimum driveway spacing from a R.O.W. intersection is 500'. The proposed driveway is
approximately 200' west of Waterford Drive.
•
City of South lake,Texas
C. The following recommendations have been made by the City Traffic Engineering Consultant
41/ , in review of the TIA submitted for this site:
• 1. Two exit lanes should be provided so that left turning vehicles do not block right turning
vehicles leaving the site.
2. The driveway into the site should be moved-to the west side of the property to allow
more queuing distance on the eastbound through lanes of F.M. 1709.
4. Label all entrances and exits to buildings on the site plan.
5. . Show the proposed finished grade of the site,with contour intervals not exceeding two (2) feet on the
grading plan. Spot elevations must be shown at all critical points, including but not limited to edges of
pavement, curb returns, building corners, drainage paths, etc. Note the benchmark used for the
topographical information. This should correspond to a City approved benchmark.
6. On a separate sheet•or on the site grading plan provide the location of all existing public utilities and the
location of proposed connections and additions. Show the location or provide the distance to the nearest
existing fire hydrant from a property corner. Show any proposed fire hydrants. Consult with Public
Works Dept. for existing utility locations and requirements. •
P&ZA_CTION: . November 21, 1996 Public Hearing continued to December 5, 1996, due to
Resolution 95-24.
December 5, 1996; Public Hearing continued to December 19, 1996, due to
Resolution 95-24.
December 19, 1996; Denied(7-0).
COUNCIL ACTION: January 7, 1997;Public Hearing continued to January'21, 1997 due to Resolution
95-24.
* We discussed previously with the Commission that there may be a point in time when staff could-
• • • eliminate the detailed articulation review and forward the project with the recommendation that the
submittal met the"intent".of the articulation.requirement. We feel this submittal does meet the intent• •
• of the requirement and we have not included a detailed review of the articulation. If you would like
for us to still-perform the review, we will do so prior.to the.meeting to consider this item.
* This review is based upon-the"C-2" Zoning District Development Regulations.
• Please note that playground equipment cannot be placed beyond the front(North Facade) of building
'A'.
* •No review of the landscaping is intended with this plan. Landscape and irrigation plans meeting the
requirements of Ord. 544 will be required prior to the issuance of a building permit.
Sct-
t�
City of Southlake,Texas
* No review of proposed signs is intended with this site plan.A separate building permit is requiredprior •
S to construction of any signs. Please note that the proposed sign does not appear to meet the minimum
setback of 15' from the property line.
* The applicant should be aware that prior to issuance of a building permit a Plat must be processed
through the City and filed in the County Plat Records, a fully corrected site plan, landscape plan,
irrigation plan, and building plans, must be submitted for approval and all required fees must be paid.
This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water&
Sewer Impact and Tap Fees, and related Permit Fees.. �%
* A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709.
* .Although not required by ordinance,staff would appreciate placing"Case No.ZA 96-150" in the lower
right corner for ease of reference.
* The applicant should be aware that new,submittals for the next scheduled meeting must be received at
the City by 5:00 PM on 1/27/97. If not received by that time, no review will be prepared until the
following submittal schedule.All 17 revised submittals must be folded 6"x 9"and an 11"x 17"revised
reduction must be provided.
. * Denotes Informational Comment .
\i
cc:. Realtex Ventures, Inc. .
• Gary Wood
L:\WP-FILES\REV\96\96-150SP.2
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Site Data Summary Buffer-yard Calculations• „o,teHa,sel TM�„ I.
• • Sala/GL ]�./CJ 1..•
Exhitlnq Zoning-'AG' aw•I f earn a...=eieinrei wry.. .....on.. •..
MMLRY CALLT-.UIrLLYLxa1• Mho.W I 1�i/W I-- )ter W i I!
proposed zgnir.g-'5-P-1•mHh varied'C-7'uses L law o..,wru.,m
` 1.✓• l..•. -.'n n�. , ,..r 101...y
Lard Use Designation-"tedium Density Residential' "'r"0r"� - -- _ ..0 ,
•In.. ).Pala A . f1.O [ 1 IS .� I
Area of Open apace(approx.-a;15rs'sIJ 1.1.. .
Percentage or Open Space(approx. H.54Z) • u:- ..•.r or ..n e n so nr. •'
Estimated start of construction Herd, 159E ._1, Lr- 110..r IN A-n 1 r n nLr
• Estimated finish of construction Dec 31,1955. !TOP - y#.,.I..L•Ypyl.,.e.alas 9
Maximum Dldg.NolgM-To' ( rdal Irl +C lb) 1.- .�rr 1 or r-a L e w r. - M1L ' 'xa r w...r aw.
aYR BLVD. '.( n �'L.Iti1110Y rr,�rr�L
m.o.No.or children- tea nr.,.r••Ww�1..ar= OW. . 1 NOW Ty..%parr.r -'t ..
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Required Parking- 3GO CIIIOn51 4 5'X/OXls• 12 daRcf5 ereYi etreeve ri i
L OL.1..4.,41•11w�rl•1r•iYrrrAr LOILAII YY[. IIserr r■ 9u/ +4 •
=•...rm........•...rr.•.+•rL.prrorl /'r/ ,/////.,/, /•-
Provided Parking.-caltendard,6 ndieap,Total - L . �....n.....r..rrnaL...... ,//•' /
Required Loading apeCes-2-Cid.0o) �- - 1 sz:fp... WI r /
TCRA \\\� l
Provided Loading 9peees-2 na-M...-. -a11Wai.LAxWGR '� ———— �� - — Lett nn*.1r Sala,
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MUTT'.wand' IUw 11+. a Y m MO - , -
b75 Wimbledon Drive ....ro•..�
Arlxgton,Taus 16011 •.r.1..r1.r.L..r.rr� •
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(a11)154-9941 Fax.(eP)465-9521 e•.�r r;,,,•.• y -
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'� AFT'IA, R.J.Merl 5Ur1ir{ X-1a55 �� /� .,..,,.,
5O6 E.Abram Street .•r so a.i rla r..•-•s a r w alas land •r•...lar� �`" L ],erwt
Arlington,Twat 16010 - so.....+'r .Ala i r.+....ei,p.�F.".r•. ..TN PO. TT L.O.
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▪ tom..... --.:: Mom. _... 1l1l1l111*111N11E,'� r . :
7atXI. Ltrb,tge,s. (3.2o lairs) 159,663 ga• r....,.r N ...,.r.. ..1
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AU) A C1Ud Dadopmeut Ceuta l
•
• CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO: 480-225
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
APPROXiMATELY7.207 A CuSTsITUATED IN-THE: : :T
PADS_N_`SU_RVEI',AB'STRACTNO 1`255 TRACT_SZAANDTAwl',
AND MORE FULLY AND COMPLETELY DESCRIBEDIN
EXHIBIT"A" FROM AG"y:AGRTCULTITIUL"`DISTRICT TO 'S=;.
P;V' DETAILED SITE PIIA ' DISTRfCT;WITH'T''C:2" LOCAL:
. RETAILS,CO_MMERCI-TAIL -USEStrIV TED"•TO•T?A
•
NURSERIESONL"YTAIND ADDINdii: CrATE ruNDTERGARP.�N
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 •
1111 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 S 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':.';Agrieultural
District under the City's Comprehensive Zoning Ordinance; and _�...__,..
WHEREAS,a change in the zoning classification of said property was requested by a person
le 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\480-225.SP 1
Page 1 •
Act-19
• 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
0 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:
L:\CTYDOCS\ORD\CASES\480-225.SP 1
Page 2
eq-2o
•
• Being a 207•acre tract,of land situated in theR7:�=P.aden•:,S Abs 'actaN6:1,
1:255;7•Tracts 1AiiidTA1I;and more fully and completely described in Exhibit"A"
attached hereto and incorporated herein,from"AG";AgriculturaIWDistrict to 'S=P=1;'1
• Detailed"•Site Plah Distnet with.:'C=2"Local RetailTaiiiiiriercial:District:uses limited
today'nursries—only and;adding;.wprivate�"Akiiidergarten uses, 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
• lessen congestion,in the streets;to'provide adequate light and air;to prevent over-crowding of land; •
Sto 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 S 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 anyof 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.
ioSection 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
L:\CTYDOCS\ORD\CASES\480-225.SP1
Page 3 ,
Sa,21
• 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
4 .
L:\CTYD OCS\ORD\CASES\480-225.S P 1
Page 4
•
• ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY •
DATE:
ADOPTED:
I '
EFFECTIVE:
411
L:\CTYDOCS\ORD\CASES\480-225.SP1
Page 5 gek
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EXHIBIT "A"
BEGINNING at on. iron rod found at the northeast corner of Lot 1. Block 1, Carroll High
School Addition, an addition to the City of Carroll. Tarrant County. Texas, according to the plat
'recorded in Cabinet A. Slide No. 1460, Plat Records of Tarrant County, Texas, said iron being
in the south line of Southlake Boulevard (F.M. 1709) and also being in the common property
line between the Stone and Pinson tracts, according to the Boundary Agreement recorded in
Volume 9287. Page 1968, Deed Records of Tarrant County, Texas:
THENCE N 89' 27' 18" E with the south line of Southloke Boulevard (F.M. 1709), 125.61 feet
'to an iron rod set for corner;
THENCE S 0' 01' 36" E 608.33 feet to an iron rod set in the west line of Stone Lakes — Phase
One, an addition to the City of Southlake, Tarrant County. Texas, according to the plat recorded .
in Cabinet A, Slide No. 915 and 916, Plat Records of Tarrant County, Texas;
THENCE S 89' 33' 55" W with the west line of Stone Lakes — Phase One, 125.67 feet to an
iron rod found in the east line of Lot 1. Block 1, Carroll High School Addition, said iron being •
in the common line of the .Stone,"and Pinson tracts, according to the said Boundary Agreement,
and the agreed west line of the Pinson tract;
THENCE N 0' 01' 14" W with the east line of Carroll High School Addition 608.09 feet to the
Place of Beginning, containing 1.754 acres (76,412) square feet of land.
BEGINNING at an iron rod found at the most northerly northwest corner of Stone Lakes — Phase
One, an addition to the City of Southlake. Tarrant County, Texas, according to the plat recorded
• in Cabinet A, Slide No. 915 and 916, Plot Records of Tarrant County, Texas, said iron being
in the south line of Southlake Boulevard (F.M. 1709);
THENCE S 0' 01' 36" E with the west line of Stone Lakes — Phase One, 608.53 feet to an iron
rod- found for corner;
•
THENCE S 89' 33' 55" W with the west line of Stone Lakes — Phase One, 103.99 feet to an
iron rod set for corner;
THENCE N O' 01' 36" W 6.08.33 feet to an iron rod set in the south line of Southlake
Boulevard (F.M. 1709) for corner; .
THENCE N 89' 27' 18" E with the south line of Southlake Boulevard (F.M. 1709) 103.99 feet
to the Place of Beginning, containing 1.453 acres (63,271 square feet).of land.
•
L:ICTYD OCS\ORDICASES1480-225.SP 1
,Page 6 V^ •2 `
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City of Southlake,Texas
•
STAFF REPORT
January 17, 1997
CASE NO: ZA 96-90 PROJECT: First Reading/Ordinance No. 480-211
Rezoning and Concept Plan - Shady Oak Centre
(Submitted as Southlake Professional Plaza)
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 Shady Oak Centre, being approximately
2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581,
Tract 2C,as recorded in Volume 8374,Page 2186,Deed Records,Tarrant
County, Texas.
LOCATION: 521 W. Southlake Blvd., south of the intersection of Shady Oaks Drive
and West Southlake Blvd. (F.M. 1709)
OWNER: Marvin C. Kennedy
APPLICANT: Larry D. Flynn
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "0-1" Office District
AMENDED ZONING
REQUEST: "S-P-2" Generalized Site Plan District with certain "0-1" uses
LAND USE CATEGORY: Medium Density Residential (may include residential and limited low
intensity office and/or retail uses)
CORRIDOR
RECOMMENDATION: Residential (any Single Family district)
NO.NOTICES SENT: Twenty-one (21)
RESPONSES: Fourteen(14)written responses were received within the 200'notification
area.
• Steven and Kathy Sims, 101 Springbrook Ct., Southlake, Texas,
opposed. "The granting of "0-1" Office District zoning next to
Timber Lake and Lake Crest will be detrimental to residential
property values in those neighborhoods. The developer is proposing
driveways and parking withing 10 feet of residential property
owners." See attached letter.
. I
S
• Michael and Cindy Conrad, 108 Springbrook Court, Southlake,
• Texas, opposed. "Land use plan stipulates medium density residential
not 0-1. Traffic,noise, and night security. Alternatives within 200'
yards that will not impact my property value."
• Marlene Massa, 104 Springbrook Court, Southlake, Texas, opposed.
"Too close to residential resulting in property value loss."
• Tom Jacobowski, 107 Springbrook Court, Southlake, Texas,
opposed. "Should be residential per SL land use plan. Detrimental
to my residential property value. Too close to residential property,
poor site. There are much better ways to use this property."
• Candace and Daniel Altena, Springbrook Court, Southlake,
Texas, opposed. "The proposed building is too large-3200 +square
feet and will be a nuisance. The city stated when we bought our home
that the property was to be residential. The cities land use plan
specifies that this area is medium density residential. The complex
violates the cities own land use plan."
• Judy and Stephan Largent, 215 Timber Lake Way, Southlake, Texas,
opposed. "Too large a building too close to residences creating
excessive noise,traffic and security problems to established residential
neighborhoods."
• Julie Hale, 102 Springbrook Court, Southlake, Texas, opposed.
"(1)The'32,000 sq ft' space is 100 yds from my front yard, (2) do
not want to live on an office buildings parking lot. (3) Our
• property value would suffer. (4) We are offended that Southlake
is even considering this so close to our housing development. (5)
The area shaded on back is our home. Would you appreciate
this?"
• Kevin Barlow, 206 Canyon Lake Drive, Southlake, Texas,
opposed. "Too close to residential, too big, detrimental to our
land value."
• May Pogozelski and Lawrence Cheung, 202 Canyon Lake Drive,
Southlake, Texas, opposed. "Too much noise, the proposed
building is too large; additional traffic; devaluation on my house;
conflict with land use plan; loss of privacy."
• Southlake Joint Venture, David Howell, 15851 Dallas Parkway, Suite
100, Dallas, Texas, opposed. "Homeowners called and they would:
like us to join their opposition. They want additional restrictions,etc.'
that straight "0-1" doesn't offer." See attached letter.
• Dennis Checkley, 217 Timber Lake Way, Southlake, Texas, opposed.
"The building is too large and the traffic pattern would cause too
much noise for surrounding neighbors. A small configuration of
buildings would be a better option."
• Christopher & Diana Hennessy, 204 Canyon Lake Dr, Southlake,
Texas, opposed. "We are opposed to the zoning change because it
would allow for development which would be too large for a
residential area. It would also cause too much noise and traffic and
be detrimental to our land value."
8►3-L
c i
•
• Terri McGuire Watson, 106 Springbrook, Southlake, Texas,
opposed.
• Tom Hasker, 219 Timber Lake Way, Southlake, Texas, opposed.
Six (6)written responses were received outside the 200'notification area:
• R.M. and Janet Kendall, 203 Canyon Lake Drive, Southlake, Texas,
opposed. "Too close to residential subdivision property devaluation,
traffic, and noise."
• Richard L. Ebel, 111 Woodglen Court, Southlake, Texas, opposed.
"The proposed development will require a wider, offset intersection
at Shady Oaks Drive and FM 1709 (soon to have a stoplight?)
causing increased traffic congestion and dangerous traffic
conditions." Attached letter identical to Mr. Conrad's.
• Michael R. Baldwin, Lakecrest Homeowners Association, Board
Member, opposed. "Increased traffic and a two story building so
close to residence."
• Warren Anderson, Lakecrest Homeowners Association, Director,
opposed. "The proposal for rezoning is in conflict with the Land Use
Plan. A building of this size will increase the traffic on FM 1709."
Attached letter identical to Mr. Conrad's.
• Paul Guisinger, 808 Ridgedale Court, Southlake, Texas, opposed.
"The application contains a proposed development of a High Density
Office Building with a driveway (noise and traffic), parking and
• security lighting only ten feet from Timber Lake yards." See attached
letter.
• Michael Conrads, Southlake Impacted Homeowners, 108
Springbrook Court, Southlake, opposed. Organization has drafted
"requirements" for consideration. See attached letters after Staff
Report.
A petition was received with 127 signatures total,all in opposition. Nine
(9)of the petitioners are within the 200'notification area. The remaining
113 petitioners are outside the 200' notification area. The following are
reasons for opposition cited by the petition:
• "The property is classified as Medium Density Residential in the
Land Use Plan and the residents of Timber Lake Crest were assured
that the property in question would be developed for residences in
keeping with the existing neighborhoods."
• "The application contains a proposed development of a high density
office building with a driveway (noise and traffic), parking and
security lighting ten feet from our back yards." See attached petition.
A petition was received with 671 signatures total, all in opposition.
Sixteen(16) of the petitioners are within the 200' notification area. The
remaining 656 petitioners are outside the 200' notification area. The
following are reasons for opposition cited by the petition:
86-3
6
• "The construction of an office building of this size, in addition to the
• substantial commercial development approved for the intersection of
Shady Oaks and FM 1709, would result in increased traffic
congestion and dangerous traffic conditions."
• "The granting of"0-1" Office District zoning next to Timber Lake
and Lake Crest will be detrimental to residential property values in
those neighborhoods."
P &Z ACTION: August 8, 1996;Approved(7-0)to table to the August 22, 1996 Planning
&Zoning Commission meeting.
August 22, 1996; Approved (7-0) to table to the September 5, 1996
Planning &Zoning Commission meeting.
September 5, 1996;Approved(7-0) applicant's request to table until the
September 19, 1996 Planning&Zoning Commission.
September 19, 1996;Approved(7-0)applicant's request to table until the
November 7, 1996 Planning&Zoning Commission.
November 7, 1996;Public Hearing continued to November 14, 1996 due
to Resolution 95-24.
• November 14, 1996; Approved (7-0) applicant's request to table until
the November 21, 1996 Planning & Zoning Commission meeting.
November 21, 1996;Public Hearing continued to December 5, 1996 due
to Resolution 95-24.
December 5, 1996; Approved (5-0) subject to Concept Plan Review
Summary No. 2 dated November 1, 1996, and incorporating Impacted
Homeowners document revised November 21, 1996 and received
November 27, 1996 amending as follows: Item #1 (Permitted Uses)
adding "currently adopted" to precede "City of Southlake Zoning
Ordinance"in the first sentence,add"(See attachment of permitted uses)"
following the last sentence and attach to the Impacted Homeowners:
document the listing of "0-1" permitted uses of the current Zoning'
Ordinance No. 480, striking out uses to be eliminated; Item #4 (Roof
Design) delete the second and third sentence and add"Roof to match or
be greater than the pitch of Dr. Huckabee's office building and must be
of composition shingles"; Item#5 (Masonry Wall) delete "in masonry
appearance"and add in its place"the solid portion of';Item#7(Parking)
adding "currently adopted" to precede "City of Southlake Zoning
Ordinance" in the first sentence, delete "in effect during 1996" and add
"in no event be more than"preceding "90 parking spaces";.Item#9 (3)
(trash containers/receptacles)delete in its entirety(" . . .hidden from view
from all adjacent homeowners' properties and travelers on F.M. 1709");
Item#10, (satellite dishes) delete ". . . second story view" and add " . .
8/3—y
•
.Satellite dishes shall be ground mounted and shall be screened to height
equal to or greater than the dish";Item#11 (site plan requirements)delete
". . .and placed as appropriate to the tree type so as to ensure "full
screening" coverage as seen by residential property owners from their
second story windows. An additional buffer of one (1) canopy tree and
six(6) large (6' - 10") shrubs to be planted and maintained between the
northwest parking spaces and residential property line;" and add "The
minimum caliper of trees shall be 3" with placement to be determined at
the time of site plan approval"; Item#13 (signs) delete ". . . so as to be
non-offensive to neighboring homeowners"; Item #14 (future
development or additions) delete in its entirety. Applicant allowed to
reserve the right to modify drive location and building on the site plan.
COUNCIL ACTION: December 17, 1996;Approved(7-0)applicant's request to table until the
January 7, 1997 City Council meeting.
January 7, 1997; Approved (7-0) applicant's request to table until the
January 21, 1997 City Council meeting.
STAFF COMMENTS: The applicant has met all the items in Concept Plan Review Summary
No. 1 dated August 16, 1996, Concept Plan Review Summary No. 2
dated November 1, 1996, with the exception of those items in the
attached Concept Plan Review Summary No. 3 dated December 13, 1996.
L:\WP-FU ES\MEMO\96CASES\96-090ZC.WPD
tI;1
! f
86-c
S t
.Satellite dishes shall be ground mounted and shall be screened to height
• equal to or greater than the dish";Item#11 (site plan requirements)delete
" . .and placed as appropriate to the tree type so as to ensure "full
screening" coverage as seen by residential property owners from their
second story windows. An additional buffer of one (1) canopy tree and
six (6) large (6' - 10") shrubs to be planted and maintained between the
northwest parking spaces and residential property line;" and add "The
minimum caliper of trees shall be 3"with placement to be determined at
the time of site plan approval"; Item#13 (signs) delete ". . . so as to be /
non-offensive to neighboring homeowners"; Item #14 (future
development or additions) delete in its entirety. Applicant allowed to
reserve the right to modify drive location and building on the site plan.
COUNCIL ACTION: December 17, 1996;Approved(7-0)applicant's request to table until the
January 7, 1997 City Council meeting.
January 7, 1997; Approved (7-0) applicant's request to table until the
January 21, 1997 City Council meeting.
STAFF COMMENTS: The applicant has met all the items in Concept Plan Review Summary
No. 1 dated August 16, 1996, Concept Plan Review Summary No. 2
• dated November 1, 1996, with the exception of those items in the
attached Concept Plan Review Summary No.3 dated December 13, 1996.
•
L:\WP-FILES\MEMO\96CASES\96-090ZC.WPD •
Texas Land & Building Company , LLC
Daniel L. Deichert President
•
October 22, 1996
Mr.Dennis Killough
City of Southlake •
667 North Carroll
Southlake,Texas 76092
Dear Mr.Killough:
Enclosed is our revised submittal for zoning case#ZA 96-90,now named Shady Oak Centre.This plan ' •
is a result of several meetings with homeowners from the Timber Lake and Lake Crest subdivisions,
collectively known as the Southlake Impacted Homeowners. Together,we have planned this parcel to
minimize the impact of the two proposed buildings on adjacent and surrounding homes.As a •
supplement to the plan transmitted today,we have agreed upon a set of property restrictions,which deal •
with issues ranging from hours of operation to building design.We request the attached list of property
restrictions be.included as stipulations for approval of the zoning case and that these restrictions be •
included as part of any approved zoning.
•
• We understand that as part of the S-P-2 zoning classification,further plan approvals will be required.
• • Any future submittals will be approved,by the Southlake Impacted Homeowners prior to delivery to the
city and such submittals will be in accordance with the property restrictions unless waiver has been •
granted by Southlake Impacted Homeowners.
. Thank you for your patience.. .
Sincerely •
164 2 ("air----- • .
Daniel L.Deichert • .
President .
•
cc: Mr.Michael Conrads- Southlake Impacted Homeowners : •
ar, Campbell Centre 8150 N Central ExpwyEflJDla�1ZTsf.. 'n'exas75208
p: 214.692.TLBC (8522) f: 214.692.8545 e: tlbc®onra©p.net
•
her
0 . . 0 ' 0 _
• Impacted Homeowners' Requirements For Rezoning
Revised 11n1 U46 , (
Hiram Granberry Survey,Abstract No.581,Tract 2C
Volume 8374,Page 2186,Deed Records,Tarrant County,Texas `
r
,
The following requirements and uses am clearly defined and are enforceable now and in the future as part of the S-P-2 rezoning •
submission for this property. Site Plans include:the actual landscape plan,elevation views from front, side and back and,clearly
identified renderings to scale of the following site plan requirements;
9tr.rctit adopfea
1. 0-1, "Office District"permitted uses as stated in the(City of Southlake Zoning Ordinance in-usc 99G with the
removal of the following high traffic uses:.Banking, Savings and Loan, Duplication and Mailing Services,Employment
Services,Radio Recording and Television Broadcasting,:Travel Bureaus or services,Real Estate, Bill Pa ingServices, and
. Community Facility Uses:Libraries,•City Halls, Fire-and Police Stations, and other municipal uses; [,Sec z.f i-a ch mcr 04- Pcrrr f t-ea U Sc s)
2. Only two(2)single story buildings will be erected on this site. The building to the west(closest to FM 1709).will face to
the east,not to exceed 7,400 s.f., and will be placed a minimum of 45 feet from the west property line. The building to the
Os south will face to the north, will not exceed 11,800 s.f., and will be placed at least 100 feet from the south property line. The
i peaks of the buildings shall not exceed 23 feet in height;- c
. 3. The maxi,ntun height of any structure to be 23 feet including the peak of the roof; ]�
tie F {. im 1 n }. iatie Lin rho -i1�n•eut-business R'60"' Conthrua ion �Ust r'nai
4. Building elevation includes roof design. Genstr�.e, �
-ales- oI be 3rc.atcr•thanthe
pitch of Dr. 4 ckabec', cff
-I-he soled port)on of . . . bu6lain and rnmst- be of
P Timber Lakes existingwall to be constructed within 60
3. A solid 8'tall masonry wall matching' C 0 rn p95 i-K o r) Sh i n9 i es.
o • days of ground breaking along the south and west property lines.
Z
6. No rear of building vehicle access. No impervious material to be constructed in these areas;
al.
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co
07 • r.
w 410 • ••
. N
• •
•
a
fmpacted Homeowners'Requirements For Rezoning-Revised 11121/96- • page 2
• Hiram Granberry Surrey,Abstract No.581,Tract 2C
Volume 8374,Page 2186,Deed Records,Tarrant County,Texas Q
LC
currcn4Iy adapfeci
7. Parking will not exceed the minimum requirements of the(City of Southlake Zoning Ordinance-in effeot during 1996 or i n n 6 e m ore +ha n v
• 90 parking spaces, whichever is fewer and all parking spaces will be placed a minimum of 70 fret from residential property
lines; - .
8. All building utilities and equipment appropriately concealed behind solid masonry walls; .
•
CSC 9. Trash containers/receptacles for-the development.to be(1)placed along the east-northeast property line and away from
residential property;(2)contained within a masonry wall with a closing wooden gate, and;( )be hidden fro...-View from- l
osadja cent homsneewei.•n�propartiaa and travelers_on_F\S 1709;_
o
7 Cb
10. No satellite dish to be•placed on the property over 6'iu diameter and must be screened from residential property. second
'story view; Sa+elti}r dishes .shalt be ground-moon-Fed end shall 1;e screened -1-0 a c1.3h+ equal io a r 9 rca}cr I.' a n
• -I-he dish.
11. The site.plan must include.a detailed landscape plan as an addendum and must specify and quantify the landscape
plantings while.clearly depicting their placement on the site plan. In addition to the Bufferyard F-1 requirements the
developer will •add Buffetyard C planting with a minimum of 5 canopy trees per 100'run as well as change Bufferyard IvE
planting to Buff'eryard P planting. We emphasize:The areas to the west and south of the two buildings will be heavily
landscaped with a minimum of five(3)large canopy trees per 100 feet,an�leeed-a,-appropriate-to-the-tree-type-se-as•-
add -
• buffer of me(±)caoot y bye and 9Lt(6))lalgc(6'-10')birrulA to he planted and maintained between the northwest parking
Thn minimum caliper- of -frees shall be 3 \Niti+h Placement t cktc�m'ined
a1- the; time of site plan aprrove(.
12. Exterior lighting will be for security lighting purposes only and will be placed in such a manner to be directed toward the
non-residential buildings and must not"spill over"on to the adjoining Homeowners'property.. All rear building security
rn
a,
•
•
•
•
•
'
• •
lights must include motion sensors to minimize their utilization to reduce light pollution for the residential property owners;
13. All outdoor business signs will be incompliance with the City of Southlake's sign Ordinances. Only monument signs
wif be constructed with minimized lightingiso-as- -be-no
k ttare-development-ar ea-te-Ehe-prepe they €uti-net as en-aad-r; mow- thelvaaed+lemeowners-as--
CP
•
•
•
•
•
•
11
•
0-1 OFFICE DISTRICT
"'PERMITTED KNITTED USES
a. Office Uses
1. Accounting and tax preparation;
2. Adjustment and collection services;
3. Advertising agencies;
4. Architecture;
5. Banking;
6. Billpaying scrvicc3;
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 is permitted);
14. Dentists;
IC. Employment 3crvlcc3;
17. Engineering;
18. Finance;
19. Interior design;
•
8a'(°
20. Land surveying;
r21. Law;
22. Management consultants;
23. Optometrists;
24. Other offices of a business and/or professional nature providing services not including
the retail sale, fabrication,manufacture or production of goods'or merchandise.
25. Physicians;
26. Podiatrists;
27. Psychiatrists;
28. Psychologists;
30. Real estate and insurance;
31. Savings and Loan;
32. Securities and commodities brokers,dealers,underwriters and exchange offices;
33. Stenographic services;
34. Title companies;
35. Travel bureaus or services;
36. Utility offices;
b. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space to include playgrounds, parkways, greenbelts, ponds and
lakes,botanical gardens,pedestrian paths,bicycle paths, equestrian bridal trails, nature
enters, and bird and wildlife sanctuaries;
$a-t l
3. Libraries;
and
5. Other uses of a similar nature and character.
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.
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.)
1111
M
�-lL
Impacted Homeowners' Requirements for Rezoning
• 2nd Revision - 10/20/96
Hiram Granberry Survey,Abstract No. 581,Tract 2C
Volume 8374,Page 2186, Deed Records,Tarrant County,Texas
Change the 0-1 to S-P-1 Zoning request with the following requirements and uses clearly
defined. Concept Plans to be redrawn as Site Plans to include: the actual landscape plan,
elevation views from front, side and back and clearly identified renderings to scale of the
following site plan requirements;
• 0-1, "Office District"permitted uses as stated in the Zoning Ordinance with the removal
of the following high traffic uses: Banking, Savings and Loan, Duplication and Mailing
Services, Employment Services,Radio Recording and Television Broadcasting, Travel
Bureaus or services, Real Estate, Bill Paying Services,and Community Facility Uses:
Libraries, City Halls,Fire and.Police Stations and other municipal uses;
• Only two (2) single story buildings will be erected on this site. The building to the west
. (closest to FM 1709)will face to the east,not to exceed 7,400 sf. and will be placed a
minimum of 45 feet from the west property line. The building to the south will face to
• the north,will not exceed 11,800 sf., and will be placed at least 100 feet from the south
property line;
• A solid 8' masonry wall* matching in masonry appearance Timber Lake's existing wall to •
be constructed.within 60 days of ground breaking along the south and west property lines.
The process to handle existing property owner fencing for the building of the wall as well
as the method of joining all existing fences to the wall must be stated-in writing. All
changes to existing fencing will be at developer expense and completed to existing fence
owner satisfaction. In the placement of this wall,all efforts will be made to avoid
damaging or removing larger, established trees on residential property but may"share"
• the property line. The developer will replace,at their expense,any trees destroyed or
removed in this process with residential property owner approved replacement(s);
*Note: You have proposed a structural option to the 8' wall which is under
consideration but has not been agreed to at this time and therefore,the 8'wall
remains in our requirements.
• The developer will work with the adjacent residential homeowners and the adjacent non-
residential property owner prior to final site plan submission to replace existing wooden
fences with appropriate, agreed upon 8' solid masonry wall along the east property line;
REC'D O C T 2 21996
134-13
Impacted Homeowners' Requirements For Rezoning
1111 2nd Revision 10/20/96
Hiram Granberry Survey,Abstract No. 581,Tract 2C
Volume 8374,Page 2186,Deed Records,Tarrant County,Texas
• Although not in complete control and,therefore,the outcome unsure,the developer will
work with the adjacent non-residential property owner in order to remove their existing
wooden fences along the adjoining south property line and replace with significant
landscaping so as to portray the two developments as one;
• Parking will not exceed the minimum requirements of the Zoning Ordinance or 90
parking spaces, whichever is fewer and all parking spaces will be placed a minimum of
60 feet from residential property lines;
• Building elevation to include roof design. Construction of roof must be conducive to the
adjacent residential community and similar in construction to the adjacent business
office. Note: you agreed that the 11,800 sf. building will have multiple roof elevations to
avoid a single, straight site line along the peak of the roof. We have also requested this
same design for the smaller building if possible. As stated previously,flat roofs are
unacceptable;
• • height.of.an structure to be 22 feet;
The maximumy
• No satellite dish to be placed on the property over.6! in diameter and must be screened
from residential property view;
•
• Restrict business hours of operation to: Weekdays from 8:00 a.m. to 8:00 p.m., Saturdays
from 8:00 a.m. to 6:00 p.m.and Sundays from:12 noon to 6:00 p.m. and must be stated as •
such on the site plan(there is precedent on this point);
• The areas to the west and south of the two buildings will be heavily landscaped with a •
minimum of 5 large trees per 100 feet along the west and south.property line and placed
as appropriate to the tree type so as to ensure full"screening"coverage as seen by
residential property owners from their second story windows(emphasis on larger trees).
No rear of building vehicle access. No impervious material to be constructed in these •
areas;
• All building utilities and equipment appropriately concealed behind solid masonry walls
(landscaping is unacceptable);
111 2
REC'D OCT 2 2 1ggF
BB-Itt
-
Impacted Homeowners' Requirements For Rezoning
Revised 10/20/96
Hiram Granberry Survey,Abstract No.581,Tract 2C
• Volume 8374,Page 2186,Deed Records,Tarrant County,Texas
• Tree and shrub plantings should be used throughout the property. The site plan must
include a detailed landscape plan as an addendum and must specify and quantify the
landscape plantings while clearly depicting their placement on the site plan. In addition
to the Bufferyard F-1 requirements the developer will add Bufferyard C planting as well /
as change Bufferyard M planting to Bufferyard P planting. Incremental trees and shrubs
to be placed as an additional buffer between the northwest parking spaces and the
residential property line;
• Exterior lighting will be for security lighting purposes only and will be placed in such a
manner to be directed to the non-residential buildings and must not"spill over"onto the
adjoining Homeowners' property. All rear building security lights to include motion
sensors to minimize their utilization and cut down on light pollution for the residential
property owners;
• Trash containers/receptacles for the development-to be(1)placed away from residential
property as shown.on the site plan dated 9/17/96; (2)contained within a masonry wall
with closing wooden,gate, and; (3) be hidden from view from all adjacent homeowners' .
properties and.travelers'on F.M. 1709. It is recommended to move the placement of the
0 "corral"further to the south and add additional parking that may be eliminated from the
front of the development due to the 60 foot parking space proximity to residential
• . property requirement;
. • - For safety purposes,the driveway will be located directly across from the intersection of
. Shady Oaks and F.M. 1709**. Prior to final site plan submission to the.Planning and .
Zoning Commission,the developer will contact both the appropriate Citypersonnel and
the adjacent non-residential property owner to pursue the connection of the parking lots - .
- to the east and closing off the existing.driveway for safer access. The building to the west -
• should be placed in such a manner as to allow for adequate throat depth and to provide .
for ease of traffic flow. Parking spaces will be minimized near the driveway entrance.
**Note: A traffic light is anticipated at this intersection but a temporary entrance •
. • may be required until the light is installed.
• All outdoor business signs will be in compliance with City Zoning Ordinances. Only
monument signs will be constructed with minimized lighting so as to be non-offensive to •
neighboring homeowners;
• No future development or additions to the property without full review and approval by
the Impacted Homeowners.
II 3
REC'D 0 CT 2 21996
•
Southlake Impacted Homeowners
• Michael C.Conrads-representative-108 Springbrook Court-Southlake.Texas 76092
Phone(214)716-8863-Fax(214)716-8826-Home Phone(817)329-3063
October 14, 1996
Daniel L. Deichert
Texas Land and Building Company
LLC
Campbell Center
8150 North Central Expressway#440
Dallas,Texas75206
HOMEOWNERS REZONING REQUIREMENTS - REVISED
Dear Mr. Deichert:
Thank you for your response dated October 11, 1996 to our letter dated September 27, 1996
which outlined our concerns and requirements for the rezoning of the property at 521 W. •
. Southlake Blvd., south of the intersection of Shady Oaks Drive and F.M. 1709 adjacent to Timber
Lake and Lake Crest subdivisions. The impacted homeowners have had an opportunity to review
your proposal and offer the following adjustments to our original requirements(see attached).
Please note that the language is specific and therefore, we agree to adjust.our requirements rather
than accept your letter as the agreed upon resolution to move forward with the development of
this property:
To restate the process lwe mutually agreed to follow prior to the Planning and Zoning •
Commission presentation meeting:
.• The rezoning request originally submitted for O-1 will be changed to S-P-1 for the
approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581,.Tract
2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, Texas;
• The S-P-1 rezoning request would stipulate the agreed upon Homeowners'requirements (see
attachment); •
• The site plans would be redrawn with the agreed upon Homeowners' requirements clearly
marked;
• The site plans would include an elevation drawing with reference heights clearly indicated
(existing adjacent property Professional building height marked, etc.);
11/ REC'D OCT 2 21996
0610
•
HOMEOWNERS REZONING REQUIREMENTS-REVISED page 2
S .
• You will coordinate a mutually agreed upon meeting between the developers and the impacted
homeowners to review and approve the site plan changes and the S-P-1 rezoning request prior
to submission to the City Of Southlake Planning and Zoning Commission (Scheduled for
Thursday - 10/17/96, 7pm at 108 Springbrook Court - Timber Lake subdivision);
•
• All communication to the City Of Southlake regarding this rezoning proposal will be copied
or communicated to me as a representative of the impacted homeowners.
Thank you for your effort towards resolving our concerns and incorporating citizen input into
your final site plan submission. To restate our position: We are not opposed to non-residential
development on the property adjacent to our residential community, however, we firmly,believe
that any development should not adversely impact surrounding property values, but,rather,
enhance them.while contributing to our overall quality of life here in Southlake. Given agreement
with our revised requirements and inclusion of them in the final site plan submission, we look
forward to voicing our support for this development at the November Planning and Zoning
Commission meeting.
• Sincerely, .
Michael C. Conrads •
Attachment
cc: Impacted Homeowners
City Of Southlake Planning and Zoning Commission •
• City Of Southlake City Council Members
• Impacted Homeowners' Requirements For Rezoning -Revised 10/14/96
Hiram Granberry Survey, Abstract No. 581,Tract 2C
Volume 8374, Page 2186, Deed Records, Tarrant County, Texas
•
Change the 0-1 to S-P-1 Zoning request with the following requirements and uses clearly
defined. Concept Plans to be redrawn as Site,r lans to include elevation views from front,
side and back and clearly identified renderings to scale of the following site plan
requirements;
• 0-1, "Office District" permitted uses as stated in the Zoning Ordinance with the
removal of the following high traffic uses: Banking, Savings and Loan,
• Duplication and Mailing Services, Employment Services, Radio Recording and
.Television Broadcasting, Travel Bureaus or services, Real Estate, Bill Paying
Services, and Community Facility Uses: Libraries, City Halls, Fire and Police
. • Stations, and other municipal uses; .
• Only two (2) single story buildings will be erected on this site. The building to the
west(closest to FM 1709) will face to the east, not to exceed 7,400 s.f., and will
be placed a minimum of 45 feet from the west property line. The building to the
south will face to the north, will not exceed 11,800 s.f., and will be placed at least
100 feet from the south property line;
• • A solid 8' masonry wall matching in masonry.'appearance Timber Lake's'existing
. wall to be constructed within 60 days of ground..breaking along the south and west . •
property lines.. In the placement of this,wail, all efforts will be made to avoid
damaging.or removing larger, established trees on:residential property but may
"share" the property line. The developer will replace, at their expense, any trees
destroyed or removed in this process with residential property owner approved
replacement(s). • .
• The developer will work with the adjacent residential homeowners and the
adjacent non-residential property owner prior to final site plan submission to
replace existing wooden fences with appropriate, agreed upon 8' solid masonry
wall along the east property line;
•
• . Although not in complete control and, therefore, the outcome unsure, the
developer will work with the adjacent non-residential property owner in order to
remove their existing wooden fences along the'adjoining south property line and •
replace with significant landscaping so as to portray the two developments as one;
•. Parking will not exceed the minimum requirements.of the Zoning Ordinance or 90 •
parking spaces, whichever is fewer;
•
Impacted Homeowners' Requirements For Rezoning - Revised 10/14/96 page 2
S Hiram Granberry Survey,Abstract No.581,Tract 2C
Volume 8374,Page 2186,Deed Records,Tarrant County,Texas
•. Building elevation to include roof design. Construction of roof must be conducive
to the adjacent residential community and similar in construction to the adjacent
business office. Note: The 11,800 s.f. building is requested to have multiple roof
elevations to avoid a single, straight sight line. Flat roofs are unacceptable;
• Restrict hours of operation to weekdays from 8:00 a.m. to 10:00 p.m. and stated as
such on the site plan (there is precedent on this point); -
• The areas to the west and south of the two buildings will be heavily landscaped
(emphasis on larger trees) with no rear of building vehicle access. No impervious
material to be constructed in these areas;
• All building utilities and equipment appropriately concealed behind solid masonry
walls (landscaping is unacceptable);
• Tree and shrub plantings should be used throughout the property. The site plan
must quantify the landscape plantings while clearly depicting their placement on
the site plan. In addition to the Bufferyard F-1 requirements the developer will
add Bufferyard C planting as well as change Bufferyard M planting to Bufferyard
P planting;
• Exterior lighting will be for security lighting purposes.only and will be placed in
such a manner to be directed to the non-residential buildings and must not "spill
• over" onto the adjoining Homeowners' property;
• Trash containers/receptacles for the development to be (1)placed away from
residential property as shown on the site plan.dated 9/17/96; (2) contained within a •
masonry wall with closing wooden gate, and; (3) be hidden from view from all
adjacent homeowners'properties and travelers on F.M. 1709;
• For safety purposes, the driveway will be located directly across from the
intersection of Shady Oaks and F.M. 1709*.. Prior to final site plan submission to
the Planning and Zoning Commission, the developer will contact both the. •
appropriate City personnel and the adjacent non-residential property owner to
pursue the connection of the parking lots to the east and closing off the existing
driveway for safer access. The building to the west should be placed in such a
manner as to allow for adequate throat depth and to provide for ease of traffic : . •
flow. Parking spaces will be•minimized near the driveway entrance. (*Note: A
traffic light is anticipated at this intersection but a temporary entrance may be
required until the light is installed.)
• All outdoor business signs will be in compliance with City Zoning Ordinances.
Only monument signs will be constructed with minimized lighting so as to be
non-offensive to neighboring homeowners;
• No future development or additions to the property without full review and
approval by the Impacted Homeowners.
Southlake Planning & Zoning Commission 2 AUG 96
• 667 N. arrol
SouthlakeC, TX 76092
This letter is being sent to strongly OPPOSE the application by developer Larry Flynn to re-zone
the property located south of FM 1709 between Timberlake and Lake Crest residential
subdivisions to construct the Southlake Professional Plaza.
We live in the Timberlake Subdivision at 101 Sprinngbrook Court (Lot 20, Block 1) which is
adjacent to the subject property. We have not received any official notification of the proposed
rezoning even though our home is within 200 feet of the property. This may be due to the fact
that we purchased the home from Pierce Homes in October of 1995.
Attached is a summary of reasons for the opposition. If there are any problems or questions,
please feel free to contact me at 214-603-1402 (day) or 817-424-1986 (evenings).
/14/1e4 •
11-119 L.•,),tO
Steven J. Sims Kathy . Sims
• 101 Springbrook Ct •
Southlake, TX 76092
•
RECD AUG 0 51
1996
111
8�'L°
SOUTHLAKE JOINT VENTURE
1111
15851 Dallas Parkway, Suite 100
Dallas, Texas 75248
(214) 960-9941
August 7, 1996 ,
/
City of Southlake
Planning and Zoning Commission
667 North Carroll Avenue
Southlake, Texas 76092
RE: Zoning Case - ZA 96 .90 .
Dear Commissioners : .
As the Developer of Timberlake, we are in opposition to the
proposed zoning of the 2 .95 acre' . tract to. • "0-1" Office. Any
proposed zoning of the 'Property should be. to a use compatible with
. the adjacent residential development. The •current request does not • •
appear to ensure that development of this Property will •be
compatible.
To ensure •compatibility, the site plan for the development should
1111
be tied . to .the zoning and . adequately address .issues such ' as
potentially objectionable lighting, parking adjacent •to the homes,
and. building materials . " The objective should be''to integrate •the
• uses and preserve. the existing residential. environment.' . ' • •
Until issues such as ' these are addressed', this project' is. not
• compatible with the .adjoining neighborhoods and . should not be.
approved.
Sincerely, •
•
SO1 I: JOINT VENTURE
/4/ *K-------:---...„. ,
'Davis Howell
DH/tln
cc: Timberlake Homeowner' s Association '
I
BB-21 ' \ REC'D AUG 0 91996
11
15851 DALLAS PARKWAY SUITE 100 LOCK BOX 104 DALLAS TEXAS, 75248 •
(214) 490-3255 FAX (214) 991-4949 .
•
To: City Of Southlake Planning And Zoning Commission And City Council Members 1
Subject: Opposition To The Application For Rezoning
On.Thursday, August 8, 1996, the Southlake Planning and Zoning will consider an
application to change the zoning of the property at 521 W. Southlake Blvd., south of
the intersection of Shady Oaks Drive and F.M.1709 adjacent to Timber Lake and Lake •
Crest subdivisions. The request is to change the zoning to an " " Office District for
approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581,
. Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, - .
Texas.
As a resident of the subdivisions involved, I AM OPPOSED TO THIS
APPLICATION. The primary reasons for my opposition are as follows: _
The property is classified as Medium Density Residential in the Land.Use Plan and
the residents of Timber Lake and Lake Crest were assured that the property in
. question would be developed for residences in keeping with the existing
neighborhoods;
•' The application contains a proposed development of a High Density office building
with a driveway (Noise and Traffic), parking and security lighting ten feet from our .
back yards;
0 • The proposed development is a 32,000 square foot structure which is hardly in
keeping with our expectations for Southlake. Two of these structures would equal
another new Kroger-- in our back yards; : .
• Once rezoned, the developer.is not bound by the one story building illustrated in the 1.
application but could build a 2.5 story structure under an "0-1" zoning; . .
• The proposed development will require a wider, offset intersection at Shady Oaks
Drive and FM 1709 (soon to have a stoplight?) causing increased traffic congestion .
and dangerous traffic conditions. Further, it is questioned whether the proposed
driveway cuts will be able to meet city code requirements;
- • Last but not least, the granting of "0-1" Office District zoning sandwiched between
Timber Lake and Lake Crest will be detrimental to residential property values - my
property value.
I'realize the value of commercial development.and support the growth of our city but in
a manner which is consistent with The City Of Southlake Land Use Plan. This rezoning
is unnecessary as there is property available less than 200 yards east along the south
side of FM 1709 between Lake Crest and White Chapel Road - already zoned for office
use. I ask for your support of the City Of Southlake Land Use Plan and deny this
application for rezoning. . C'D JUL 301996
a-t)14-u-k9 L VickoiJ L ET I Z - LE/q4o
Signature Printed Name Date
t L l Wood P h Ruci- , LA.-EAN lc (.tic j 76 Z—
Address
9
•
. ,
erPaul Guisin
� g
808 Ridgedale Court + Southlake, Texas 76092
Phone(817) 424-9180 Fax Transmittal(817)424-9180
•
August 6, 1996
City of Southlake Planning and Zoning Commission .
Southlake, TX
Subject: Opposition to the application for rezoning.
Dear Planning and Zoning Commission member,
• It is my understanding on Thursday August 8, the Southlake Planning and Zoning
• .. Commission will consider an application to change the zoning of the property at 521.W: •
Southlake Blvd. South of the intersection of Shady Oaks Drive and F.M.-.1709 adjacent to • •
• Timber Lake and Lake Crest subdivisions: .
As a resident of Timber Lake subdivision, I am opposed to this.application. The
• property is classified as Medium Density Residential in the Land Use Plan and as a
resident of Timber Lake were assured that the property in question would be developed
for residences in keeping with the existing neighborhood.
The application contains a proposed development of a High Density Office
Building with a driveway(noise and traffic), parking and security lighting only ten feet
from Timber Lake yards.
The proposed development is a 32,000 square foot structure which is not in
keeping with my expectations for Southlake. As a resident of Irving, Texas for 37 years I •
• experienced "a city attitude anything goes and all developments are good and grow at any •
cost" In 1992 I moved to Southlake because I believed the city government would control
the development of Southlake.
Once rezoned the developer is not bound by the one story building illustrated in
the application but could build a.2.5 story structure under an "01 zoning".
I realize the value of commercial developments and support the growth of our city
but in a manner which is consistent with the City of Southlake Land Use Plan. This
rezoning is unnecessary as there is property available less than 200 yards east along the
11
gt• .L3 REC'D AUG 0 61996
•
south side of FM 1709 between Lake Crest and White Chapel Road which is already for
office use. I ask for support of the City of Southlake Land Use Plan and please deny this
application for rezoning. -
Sincerely,
i7Astrer°rAf4t€0d6
•
Paul and Bernice Guisinger
cc: Southlake city council members
•
Py
'+` r To: City Of Southlake Planning And Zoning Commission And City Council Members
Subject: Opposition To The Application For Rezoning 1.1
On Thursday, August 8, 1996, the Southlake Planning and Zoning will consider an
application to change the zoning of the property at 521 W. Southlake Blvd., south of
the intersection of Shady Oaks Drive and F.M.1709 adjacent to Timber Lake and Lake
Crest subdivisions. The request is to change the zoning to an " .1 ' Office District for
. approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581,
Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County,
•
Texas.
As a resident of the subdivisions involved,.I AM OPPOSED TO THIS
APPLICATION. The.primary reasons for any opposition are as follows:
• The property is classified as Medium Density Residential in the Land Use Plan and
the residents of Timber Lake and Lake Crest were assured that the property in
question would be developed for residences in keeping with the existing
neighborhoods;
• The application contains a proposed development of a High Density office building •
with a driveway (Noise and Traffic), parking and security lighting ten feet from our
back yards;
• The proposed development is a 32,000 square foot structure which is hardly in
keeping.with.our expectations for Southlake. Two of these structures would equal
another.new Kroger--- in our back yards;
• Once rezoned, the developer is not bound by the one story building illustrated in the
application but could build a 2.5 story structure under an "0-1"zoning;
• The proposed development will'require a Wider, offset intersection at Shady Oaks
Drive and FM 1709 (soon to have a stoplight?) causing increased traffic congestion -
and dangerous traffic conditions. Further, it is questioned whether the proposed
driveway cuts will be able to meet city code requirements;
• Last but not least, the granting of"0-1" Office District zoning sandwiched between
Timber Lake and Lake Crest will be detrimental to'residential property values my •
property value. -
realize the value of commercial development and support the growth of our city but in
a manner which is consistent with The City Of Southlake Land Use Plan. This rezoning
is unnecessary as there is property available less than 200 yards east along the south
side of FM 1709 between Lake Crest and White Chapel Road - already zoned for office
use. I ask for your support of the City Of Southlake Land Use Plan and deny this
application for rezoning.
( era 01/c/M-64, fley/mon e...4141-77s
Signature Printed Name Date
/0 $ s/ort.,NGlS2 1,4- .rx 7620-3L
dress
•
. t
TO: City of Southlake Planning and Zoning Commission
• We are opposed to the application for a Zoning Change for approximately 2.95 acres
situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2C, from Agricultural
• • District to"0-1" Office District (Ref. No. ZA 96-90).
The.reasons for our opposition are as follow:
1. Southlake's Land Use Plan classifies the property and surrounding area as Medium
Density Residential. The proposed building is approximately 32,800 square feet which
would qualify as a high-intensity office space. •
2. The construction of an office building of this size, in addition to the substantial •
comniercial development approved for the intersection of Shady Oaks and FM 1709,
would result in increased traffic congestion and dangerous traffic conditions.
3. The granting of"O-1" Office District zoning next to Timber Lake and Lake Crest
will be detrimental to residential property values in those neighborhoods.
4. The developer is.proposing driveways and parking within 10 feet of residential
property lines resulting in substantial noise and nuisance for nearby residential property
owners.
. 5. There is currently land zoned"0-1" Office District within 200 yards of the subject
• • property (between Lake Crest entrance and White's Chapel). Additional "0-1" zoning is
not necessary. •
r
•
s
City of Southlake,Texas
•
CONCEPT PLAN REVIEW SUMMARY
likase No: ZA 96-90 Review No: Three Date of Review: 12/13/96
Project Name: Concept Plan for S-P-2 Zoning - Shady Oaks Centre (submitted as Southlake
Professional Plaza). 2.954 Ac. in the Hiram Granberry Survey Abstract No. 581
APPLICANT: ARCHITECT:
Texas Land and Building Co. ' DBH Designs
3 Lincoln Centre, Suite 970 1117 Crestview •
Dallas, Texas- 75240 Kauffman, Texas
Phone : (214) 692-8522 Phone : (214) 962-4088
Fax : (214) 692-8545 Fax : (214) 962-5333
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/13/96 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
• PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS
OR NEED FURTHER CLARIFICATION,PLEASE.CONTACT DENNIS'KILLOUGH AT(817)481-5581,EXT.787.
• 1. •. The Driveway Ordinance No. 634 requires a throat depth of 75' for traffic'stacking into the site.
However, no new access to F.M. 1709 is proposed-on the site:•The proposed access is through the .
Common Access'Easement and existing driveway located on the adjoining tract to the east. Please'
note that the location of the existing building on the adjoining site to the east would prohibit any
• further extension of the driveway throat depth.
2. • Loading spaces and service areas must be located at the side or rear and must be screened by a 10'
• • masonry wall similar to the front facade of the building where the loading area is adjacent to • .
residential property.
3. . .Trash dumpster must be gated and screened by a minimum 8' masonry wall similar to the primary
structure.
* The following items on the plan do not appear to comply with the ."Impacted Homeowners
Requirements for Zoning",dated 11/21/96 and as-amended by the Planning and Zoning Commission: •
• Parking spaces located at the northwest and east portion of the site do not meet the minimum -
70' spacing from residential•properties as required in Item# 7 regarding.parking. •
• Interior Design-uses_have been noted for elimination on the plan, but is not eliminated on:the
attachment of permitted uses. •
•
The review of this plan is based on the"0-1" zoning district.
3 .
City of South lake,Texas
. * The applicant should be aware that any revisions made prior to the next scheduled meeting must be
S received at the City by 5:00 PM on 1/27/97. If not received by that time, no review will be prepared
until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and include an
II"x 17"revised reduction.
* All mechanical units including satellite dishes must be fully screened of view from F.M. 1709, S.H. •
114,and/or from properties within 400'having residential zoning or a low or medium density residential
Land Use Designation.
* The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for
approval and filed in the County Plat Records, 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.
* 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 §43.9C1e, Ordinance 480, as amended.
• • Masonry requirements per §43.9C1a, Ordinance 480, as amended and Masonry Ordinance No. •..
557.
S • 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. .
P&'ZACTION: August 8, 1996;Approved(7-0) to table•to the August22, 1996 Planning& Zoning
. '- Commission meeting.
August 22, 1996,•Approved (7-0) to table to the September 5, 1996 Planning &
Zoning Commission meeting.
September 5, 1996;Approved(7-0) applicant's request to table until the September
19, 1996 Planning& Zoning Commission..
.September 19, 1996;Approved(7-0) applicant's request to table until the November
7, 1996 Planning& Zoning Commission.
S fr2
• City of Southlake,Texas
• November 7, 1996; Public Hearing continued.to November 14, 1996 due to
• Resolution 95-24.
November 14, 1996; Approved (7-0) applicant's request to table until the
November 21, 1996 Planning & Zoning Commission meeting.
November 21, 1996; Public Hearing continued to December 5, 1996 due to
Resolution 95-24.
December 5, 1996;Approved(5-0) subject to Concept Plan Review Summary No.
2 dated November 1, 1996, and incorporating Impacted Homeowners document
Revised November 21, 1996 and received November 27, 1996: amending as follows:
Item #1 (Permitted Uses)adding "currently adopted"to precede "City of Southlake
Zoning Ordinance" in the first sentence, add "(See attachment of permitted uses)
following the last sentence and attach to the Impacted Homeowners document the
listing of"0-1"permitted uses of the current Zoning Ordinance No. 480, striking
out uses to be eliminated; Item #4(Roof Design) delete the second and third
sentence and add "Roof to match or be greater than the pitch of Dr. Huckabee's
office building and must be of composition shingles";Item#5 (Masonry Wall)delete
"in masonry appearance" and add in its place "the solid portion of'; Item #7
'(Parking) adding "currently adopted" to precede "City 'of Southlake Zoning
Ordinance"in the first sentence, delete "in effect during 1996"and add "in no event
be more than" preceding "90 parking spaces"; Item #9(3) (trash
containers%receptacles)delete in its entirety(". . . hidden from view from all adjacent
• homeowners'properties and travelers on F.M. 1709,'); Item #10,•(satellite dishes)
•
delete ". . . second story view" and add ". . .Satellite dishes shall be ground .
• mounted and shall be screened to height equal to or greater than the•dish";Item #11
• . (site plan requirements) delete ". . .and placed as appropriate to the tree type so as
to ensure. 'full screening" coverage as seen by residential property owners from
their second-story windows. An additional buffer of one (1),canopy tree and six (6). . •
• • , •large (6'- 10')shrubs to be planted and maintained between the northwest parking
spaces and residential property line;"and add "The minimum caliper of trees shall
be 3"with placement to be determined at the time of site plan approval"; Item #13
• • (signs) delete ". . so as to be non-offensive to neighboring homeowners"; Item #14
•(future development or additions) delete in its entirety. Applicant allowed to reserve
. the right to modify drive location and building on the site plan.
* Denotes Informational Comment .
cc: DBH Designs; Texas Land and Building Co.
•
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1.6 xEKURST CT AND ZONING i 3 W z�_
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\2; ' SPIN REPRESENTATIVE#14 3 713
20 s, DOUG MCKELVEY CA000 LAKE Dl '
a - 2i _ ga.3 -
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,
CITY OF SOUTHLAKE, TEXAS
IPE O;4g = 17QRINACN02 '
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 2 95 7ACRES; SITUATED IN THE H,..l! ,Y_
G' ' T.j:_Y:SiJRVAY AM:. 1T «�r, x E°, { ,.t, ,. ,
�,.. _ _ ,NO 58;1.;';T.RAGT2C,AND
MORE FULLY ANDmCOMPLETELY DESCRIBED IN EXHIBIT
"A"
11 d 11;:: 1 6 11 11
A FROM :AG�,n<'AGRICPIII=}<&:.,'�_'�. ` °ISM._ g TO STP22.,
.:.:�_i3F�fr...._.....d= ...:en".'?a,. �Wg.�n+: -asR��:3✓«.a� �':uiJ.x.,abti:P
:GENE'X- -=;IZEDr SLTE ' ;ANvPDIS3RICT . ,: CERT . -"''O
C,....- -.t,=,. .:.:c.:.«..»a:' ..,i.7..1�....e.t>:• .e ze!i..a;_ .�:�L•� •r>• e...ct:.x:r.rsns .P,
0414 21.1VTB '.CT L7SES, 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;
4111 .
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 e, g cu1;
p:moi 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
0 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
L:\CTYDO CS\O RD1CASES\480-211.S P2
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61533 ,
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facilities in the area immediately surrounding the sites;safety from fire hazards and damages; noise
leproducing 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 CityCouncil of the Cityof Southlake Texas,does find that the changes in .
g
•
.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 forr 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 -
0 and amended as shown and described below:
Being a 2;9,5 acre tract of land situated in the Hiram Granberry Survey'-A;lbstract;Nig
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. 66 Y
L
5W,Tr41::2G, and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from f_AGk"=-:"r,1Agn 1tural District to ' "el
�-SAP=2��
Genefalized Site Plan District witi certain§"O-1"'OOf ce istr ct uses as depicted on
the approved Concept Plan attached hereto and incorporated herein as Exhibit "B".
Section 2. That the City Manager is hereby directed to correct the Official Zoningmap
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
ii•
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 orwho 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
ilaffecting 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\480-211.SP2
Page 3
98 35
•
• 2
•
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
A f1'bST:
•
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1997,.
MAYOR V V
L:\CTYDOCS\O RD\CASES\480-211.SP2
Page 4 ‘3'3
T
i ' C':ii'''# ATTEST: .
CITY SECRETARY
i i
APPROVED AS TO FORM AND LEGALITY:
;
i
i CITY ATTORNEY
DATE:
ADOPTED:
1 EFFECTIVE:
L:\CTYDOCS\ORD\CASES\480-211.SP2
Page 5 813 37
•
•
Impacted Homeowners' Requirements For Rezoning
•
Revised 11121/96
Hiram Granberry Survey,Abstract No.581,Tract 2C
Volume 8374,Page 2186,Deed Records,Tarrant County,Texas
The following requirements and uses are clearly defined and are enforceable now and in the future as part of the S-P-2 rezoning
submission for this property. Site Plans include:the actual landscape plan,elevation views from front,side and back and clearly'
identified renderings to scale of the following site plan requirements;
1. 0-1, "Office District"permitted uses as stated in the City of Sout hake Zoning Ordinance in use during 1996 with the
removal of the following high traffic uses:Banking,Savings and Loan, Duplication and Mailing Services,Employment
Services, Radia Recording and Television Broadcasting; Travel Bureaus or services,Real Estate, Bill Paying Services,and
Community Facility Uses:Libraries,-City Halls, Fire and Police Stations, and other municipal uses;
2. Only two(2)single story buildings will be erected on this site. The building.to the west(closest to FM 1709).will face to
the east,not to exceed 7,400 s.f., and will be placed a minimum of 45 feet from the west property line. The building to the •
south'will face to the north;will not exceed 11,800 s.f.,and Will be placed at least 100 feet from the south property line. The
pcaks of the buildings shall not exceed 23 feet in height;
3. The rnakirrnun height of any structure to be 23 feet including the peak of the roof;
4. Building elevation includes-roof design. Construction of roof must be similar in construction to the adjacent business
office. The larger,longer building to the south will have multiple roof elevations to avoid a single,straight sight line along
the peak of the roof as viewed from the front or rear of the'building. Flat roofs on either building arc unacceptable;
5. A solid 8'tall masonry wall matching in masonry appearance Timber Lake's existing wall to be constructed within 60
days of ground breaking along the south and west property lines.
6: No rear of building vehicle access. No impervious material to be constructed in these areas; .
1111
L:\CTYDOCS\O RD\CASES\480-211.S P2
Page 6
.
•
• lights must include motion sensors to-minimize their utilization to reduce light pollution for the residential property owners;
• 13. All outdoor business signs will be incompliance with the City of Southlake's sign Ordinances. Only monument signs
• will be constructed with minimized lighting so as to be non-offensive to neighboring homeowners;
14. No future development or additions to the property without full notification and review by the Impacted Homeowners as
is required for any change to an S-P zoning.
•
•
•
•
L:\CTYDOCS\ORD\CASES\480-21 t.SP2
Page 8 •
i
•
I •
11"
/ .
Impacted Homeowners'Requirements For Rezoning-Revised 11/21/96 page 2 , .
Hiram Granberry Survey,Abstract No.581,Tract 2C
Votume 8374,Page 2186,Deed Records,Tarrant County,Texas
7. Parking will not exceed the minimum requirements of the City of Southlake Zoning Ordinance in effect during.1996 or
90 parking spaces, whichever is fewer and all parking spaces will be placed a minimum of 70 feet from residential property
lines; .
8. All building utilities and equipment appropriately concealed behind solid masonry walls;
•
9. 'Trash containers/receptacles for the development to be(1)placed along the east-northeast property line and away from
residential property;(2)contained within a masonry wall with a closing wooden gate, and;(3)be hidden from view from all
• •adjacent homeowners'properties and travelers on F.M. 1709;
'0. No satellite dish to be placed on the properly over 6'in diameter Andmust be screened from residential property. second
ory view;
11. The site plan must include a detailed landscape plan as an addendum and must specify and quantify the landscape
plantings while clearly depicting their placement on the site plan. In addition to the Buffetyard P-1 requirements the
. developer will add Buffetyard C planting with a minimum of 5 canopy trees per 100'run as well as • change Bufferyard M
planting to Buffetyard P planting. We emphasize:The areas to the west and south of the two buildings will be heavily .
landscaped with a minimum of five(5)large canopy trees per 100 • feet and placed as appropriate to the tree type so as
to ensure"full screening"coverage as seen by-residential property owners from their second story windows. An additional
buffer of one(1)canopy tree and six(6)large(6'-10')shrubs to be planted and maintained between the northwest parking
spaces and the residential property line;
12. Exterior lighting will be for security Vgttingpurposes only and will be placed in:such a manner to be directed toward the
non-residential buildings and must not"spill over"on to the adjoining Homeowners'property. All rear building security
•
.41
L:\CTYDOCS\ORD\CASES\480-211.SP2
Page 7
80-3q
1
EXHIBIT "A"
lior
•
Bung.a 2 95 acre trod of fond iil E1(ualed in the LOAM CRANBERRY'Stit ."7,9'S1R•ACT iiO,. 38t. in Tarrant •
i Counlr..!loos. and Doing the rsmofnpai of that teifakt .tranrtt" 0. Kercne4j•figct;-as recaid.if;ti+ 'Y.olonts: •
4508. Page 46.1. Deed Rscords. Torrent County.•Texas. Soil! 2-95.sere insCl-bEkg.i,. is'tit tk.uZ4fir• .. •
Oesciibed as fellows: .
BCC.HNIt4C al a 5/8 inch n:ron 'rod, found , Ma Sortn lint'.Of. •West•Soutntote h+ard.(r.i.. HIbh ay• ,
. No. 1109), said'point being rho Nortnea't corner of lot 20. 81oCe 1. TnUBER C•AKE. SECTION.I. iit .
recorded In Cabinet A. Shoe 485. Putt Records. Tarrant:Caanly, toxas: - .
THENCE South =17 degrees 55 tnie.,tes 09 'stands Fast, along-the'`,South lino of wtct SbwhIdlcs.8p4.lirbtd,
(r.M.,Highway No. 1709). o distance of 1a6.t4 feet fo a .5/8 inch tsor.rod fognd. *0 4 pain! ,boin1f t)ti •
Northwest corner of a tract.of land fa w. touts as rscordea in Vo1Lir+s 804. Pogi•2f$8; "Wed 11sGcrai,
%►rant Comfy. Teco4; . •
!Hint( South 02 degrees 18 min.to* 29 seconds west. clung. the West Ore of s014 Norris tract. a d111pnc
of 241.46 footrn
to a 1/2 inch iron rod found for the Southwest comer of •solo YOrrts tract; ,
THENCE South.59 degrees 00 •minvtes 05 seconds fast. along the Sevth'•Ur, of said.Norris•tract. o
distance at 165.00, foot,' fo 0 5.8 inch iron rad sot for the Southeast corner of solo Voids trail, sold..'•
paint being in the'Wssterty'line of LAKE CREST. as recorded in Cabinet A.-Slias 1541.. Plot Records,. .
Tarrant County, Texas; _ .
THENCE South 02 degrees 15 minutes 03 seconde -Wall, along the ill ttterly Ifni••ef LAKE.CREST, a -
dttfonce of 255.33 feet to a point for an 71: darner-of LAKE CREST, and being the common:Northorty .
• corner of tot 20 and lot 21. Block 2 of Sold- LAKE CREST;
THENCE North 87 degrees 56 minutes TO -seconds Wesk along the North tins of Lot 19 and.Lot 20, _.
block 2. TAKE CREST. 330.64 feet to a 5/8 inch Traci rod found for the Korthrtiet,carnet,a4.1:4t '1:9. _
- and being in the East line of Lot 24. Stock 1.-•of sold TIMBER- tKE. SECTION I; •• • • .
THENCE North 00 degrees 05 rrie.utss 313 seconds West, along a portion of the East line of Lot .24.
Block 1. Tt148ER LAKE. SECTION 1, the EOst One of. lot 23. 'Lot 22. Cot 21 and Lot 20. Block 1. rna8cR
LAKE. SECTION 1, a•distance of 494.12 fast to the POINT 0f BEGINNING.
ill
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• REC'D NOV 131996 rid•i,�11 I`,> . "-="'
•GALE.m a NC
••JO• :CM _
•
CASE NO. Z A 96-90 1 O.
City of Southlake,Texas
• STAFF REPORT
January 17, 1997
PROJECT: Ordinance No. 480-W, First Reading
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Ordinance No.480-W addresses two issues: 1)a change in the definition of kennel made necessary
by the recently adopted revisions to the Animal Control Ordinance No. 530A and 2) a new
approval process for telecommunication towers, antennas, and ancillary structures (e.g., equipment
cabinets). As you will recall,the City Council and Planning and Zoning Commission met in a joint
work session on July 23, 1996 and discussed the impact of the 1996 Telecommunications Act. The
draft before you reflects staffs understanding of the consensus reached by Council and P&Z that
all tower/antenna requests come forward as either "CS" rezoning requests or as specific use
permit requests in any district. After receiving industry input from William Cothrum of Masterplan
(PrimeCo's consultant), the P&Z recommended approval of this draft with a(6-0)vote.
Section 1 revises the definition of kennel made necessary by the recently adopted revisions to the
Animal Control Ordinance No. 530A. The Animal Control Ordinance deleted the definition of
kennel altogether and now becomes the sole enforcement authority for controlling the number of
0 domesticated animals in residential settings. The Zoning Ordinance continues to regulate kennels
(i.e.,commercial operations)via the specific use permit("SUP")process. As you recall,kennels are
permitted via SUP's in the C-3, C-4, B-2, and I-1 districts. The size and intensity of the kennel
operation (including the maximum.number of domesticated animals permitted) would then be
reviewed on a case by case basis when approving each specific use permit application.
Sections 2 - 5 address telecommunication issues and will be further refined as to ordinance
formatting prior to the second reading of the ordinance. I will also have a recommendation on the
desired radius on the propagation map addressed in definitions. Specifically, Section 2 adds the
permitted use of telecommunication towers, antennas, and ancillary structures to the permitted uses
in the"CS"district and provides certain criteria to be considered with each application for rezoning.
Section 3 deletes Section 34.1 (bb) (3) in its entirety due to the proposed change in the approval
_ process coming out of the joint work session. Section 4 deletes the Board of Adjustment ;
involvement in permits for telecommunication facilities or towers as noted previously. Section 5
adds the use, telecommunication towers, antennas, and ancillary structures, to the specific use
permit section. This SUP lists the same criteria be considered when reviewing a rezoning
application in the"CS" district.
As you review this ordinance amendment,please keep certain facts in mind:
A. The Telecommunications Act of 1996 preserves local zoning and land use authority of personal
• wireless service facilities and addresses means of establishing fair and reasonable compensation
for public rights-of-way.
aSC \
• B. In zoning telecommunication facilities,municipalities:
1) Cannot"unreasonably discriminate" among"providers of functionally equivalent services."
a. This does give municipalities "flexibility to treat facilities that create different visual,
aesthetic, or safety concern differently"under generally applicable zoning requirements.
b. Different standards may apply in different districts (commercial vs. residential).
c. If Provider A needs a 30-foot tower and Provider B needs a 200-foot tower, the
municipality may treat them differently.
2) Cannot"prohibit or have the effect of prohibiting" cellular service: appropriate place and
conditions should be found for these antennas.
3) Must act in a reasonable time, which is "the usual time period" for zoning decisions.
4) Must see that any denial of a request to "place, construct, or modify" such devices is
a. In writing, and
b. Supported by "substantial evidence contained in•a written record."
5) Cannot deny or regulate cellular antennas due to environmental concern about their radio
emissions: however,they must comply with FCC regulations(who has sole jurisdiction on
this matter).
C. A person may appeal any action/failure to act "to any court of competent jurisdiction" in 30
days.
As evidenced in today's marketplace, the wireless telecommunications industry is rapidly
0 changing with new technologies, and there is fierce competition between the providers. It should
be kept in mind that these providers are often deploying the first commercial use of a particular
technology. When discussing the issue of co-location with the wireless providers,they will express
significant concerns regarding competitive issues with respect to service coverage and capacity. As
a result,the providers may be unwilling to share their siting plans, particularly actual site locations,
because they consider these plans proprietary business information, or they may be reluctant to
engage in group discussions with their competitors about siting because such conduct could be
viewed as anticompetitive and in violation of anti-trust laws.
Antitrust laws do not prohibit or require cell site co-location. Antitrust laws do prohibit: 1)
competitors agreeing not to compete on geographic coverage area;2) competitors monopolizing(or
attempting to monopolize any specific market) by denying co-location to new competition into a
specific market; 3) competitors meeting to discuss cell site issues, (e.g., price fixing, market •
allocations, group boycotts or conspiracies to monopolize). Competitors should not discuss any of
the following: 1) confidential or proprietary technical information; 2) any information that could
be used to gain a competitive advantage; 3) service or equipment prices, or cell sites, real estate,
distribution or other significant cost information; 4) future location of cell sites; 5) future business
plans, financial data or strategic plans, plans for co-location or other business dealings with other
entrants; 6) analyses of new competitors or increased competition. Information received seems to
indicate that some attorneys feel that where co-location is formally required by state or local
government, the co-location is immune from antitrust challenge even if it has anticompetitive
0 consequences for new entrants. I have not yet requested an interpretation from our attorney on this
point.
8 c-2-
SI anticipate receiving comments from industry representatives in response to this latest draft.
However,their responses may not be available until the Council meeting on Tuesday. In telephone
conversations so far,it appears that the two main issues are the"fall radius" addressed in§ IV(G)3
and the size limitation of 100 s.f. for the equipment shelters addressed in § IV(J)4.
Should you have questions regarding Ordinance No. 480-W, please call me at (817) 481-5581,
extension 743.
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ORDINANCE NO. 480-W
• AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; AMENDING CERTAIN
DEFINITIONS; AMENDING THE PERMITTED USES IN THE
"CS"COMMUNITY SERVICE DISTRICT;AMENDING CERTAIN
REGULATIONS FOR TELECOMMUNICATION TOWERS,
ANTENNAS, AND ANCILLARY STRUCTURES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS,the city has adopted Ordinance No. 480,as amended,as the Comprehensive Zoning
Ordinance for the city; and
WHEREAS,the city council has determined that it is appropriate and in the best interests of the
city to amend Ordinance No. 480 as provided herein; and
WHEREAS,the city council has given published notice and held public hearings with respect to
the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY.COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
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• SECTION 1.
Section 4, "Definitions," of Ordinance No. 480, as amended, is hereby amended by revising the
following definition thereto:
"KENNEL=A°commercial:establishment(with indoor and/or outdoor 'eris and runs:;'in
which dogs,cats,or:domesticated;animals are housed,boarded, groomed,bred,trained=oii
sold all for"a fee or compensation;"
"KENNEL - Any lot or prcmiscs on which (4) or more dogs, cats, or other domcstic
animals at least (4) months of agc arc houscd or acccptcd for boarding, trimming,
No. 480-C.)"
SECTION 2.
Section 8.2, "CS" Community Service District Permitted Uses" of Ordinance No. 480, as amended,
is hereby amended by adding the following permitted use thereto:
I. Objectives
The purpose of this ordinance is to establish general guidelines for the siting of telecommunications
towers and antennas. The City of Southlake recognizes today's rapidly changing technological
environment and realizes the public's increasing acceptance of and demand for superior personal
wireless communication services and with the adoption of this ordinance, the city's objectives are
to:
1) encourage the location of towers in non-residential areas and minimize the total number,height,
and obtrusiveness of towers and antennas throughout the community;
2) encourage strongly the joint use of new and existing tower sites through co-location;
3) encourage users of towers and antennas to locate them,to the extent possible, in areas where the
adverse impact on the community is minimal (e.g., pre-existing buildings or structures such as
water towers,church steeples,bell towers, clock towers,and lighting stanchions or on municipal-
owned properties and facilities)to camouflage or conceal the presence of antennas or towers; '
4) encourage users of towers and antennas to configure them in a way that minimizes the adverse
visual impact of the towers and antennas; and
5) enhance the ability of the providers of telecommunications services to provide such services to
the community quickly, effectively, and efficiently.
H. Definitions (applicable to this section):
ANSI standard means the most recently adopted ANSI C-95.1 standard of the American National
Standards Institute which establishes guidelines for human exposure to non-ionizing electromagnetic
2
radiation("NIER").
• Backhaul provider means the owner of a wire network(i.e.,the cable company,electric company,the
telephone company)utilized in connecting the various cell sites to telephone switching offices, long
distance providers, or the public switched telephone network.
Directional antenna means a non-whip,panel or rectangular antenna used to achieve transmission or
reception in a specific direction.
EIA-222 means Electronics Industries Association Standard 222, "Structural Standards for Steel
Antenna towers and Antenna Support Structures."
Guyed tower means a freestanding tower which requires the use of flexible guying cables or wires
as the only or principle means of resisting the designed tower loads.
Height means the vertical distance measured from ground level to the highest point of the tower,
including any attached antennas.
IEEE standard means the most recently adopted "IEEE (Institute of Electrical and Electronic
Engineer) Standard for Safety Levels with Respect to Human Exposure to Radio Frequency
Electromagnetic Fields,3 kHz to 300 Ghz" which establishes guidelines for human exposure to non-
ionizing electromagnetic radiation("NIER").
iLattice tower means a freestanding,open frame tower either rectangular,square or triangular in shape
at the base.
Mounted telecommunications antenna means a telecommunications antenna that is part of a
telecommunications system authorized by the Federal Communications Commission("FCC") and
that is affixed to the roof or other portion of a structure. An auxiliary building housing electronic and
communications equipment is permitted as part of this use.
Monopole telecommunications tower means a freestanding, single pole structure which utilizes its
base as the only or primary means of resisting the designed tower loads and which supports a platform
and antennas that are part of a telecommunications system authorized by the Federal
Communications Commission("FCC"). An auxiliary building housing electronic and communication
equipment is permitted a part of this use.
Omnidirectional antenna (also called whip antenna) means a dipole antenna of cylindrical shape
which is no more than 6 inches in diameter which serves a 360-degree area.
Other telecommunications communication tower/antenna means any telecommunications
communications tower or antenna that is part of a telecommunications system authorized by the
Federal Communications Commission("FCC"),but that is not covered by the definitions of mounted
telecommunications antenna or monopole telecommunications tower.
Pla
tform means that portion of a monopole telecommunications tower that is located on top of the
•
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•
pole and that supports directional, transmitting, and receiving antennas. The platform portion of a
• monopole telecommunications tower shall not have a horizontal cross section area greater than 196
square feet. The depth of the platform shall not exceed 4 feet, excluding any whip antenna. Only
antennas that are part of a telecommunications system authorized by the FCC shall be permitted on
a platform.
Propagation map means a map of the general area in which the proposed tower/antenna is to be
located showing the provider's existing towers/antennas within a`> r-mile radius.
III. Districts Permitted
A. Telecommunications towers,antennas, and ancillary structures(e.g.,equipment buildings)
may be permitted by the City,subject to compliance with the development standards listed
in Section IV below:
1) By right, in the "CS," Community Service District with a Concept Plan approved by the
Planning and Zoning Commission and the City Council.
2) By Specific Use Permit,in"ALL"districts(excluding"CS,")with a Concept Plan approved
by the Planning and Zoning Commission and the City Council.
B. Information Required on Concept Plan
Each applicant shall submit a scaled concept plan meeting the requirements of Section 41 of this
ordinance, a scaled elevation view, a propagation map, and other supporting drawings,
calculations, and other documentation, signed and sealed by appropriate licensed professionals,
showing the location and dimensions of all proposed.improvements, including information
concerning topography,proposed tower height, setbacks, drives,parking, fencing, landscaping,
screening, adjacent uses, and other information deemed by the City to be necessary to assess
compliance with this ordinance.
C. O •
rdinance Exemption
Antennas mounted on existing city water towers shall be exempt from the requirements of this
ordinance, provided a license or lease authorizing such antenna has been approved by the City
Council. All other antennas or towers,located on property owned,leased,or otherwise controlled
by the City Council of the City of Southlake shall be subject to the requirements herein.
IV. Development Standards
Certain regulations may be set aside if the requirement effectively denies competition.
A. Inventory of Existing Sites
Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that
are either within the jurisdiction of the city or within one-quarter mile of the border, including
specific information about the location,height, and design of each tower. The City may share
such information with other applicants applying for approvals under this ordinance or with other
organizations seeking to locate antennas within the city jurisdiction,provided;however,that the
city is not,by sharing such information,in any way representing or warranting that such sites are
• available or suitable.
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•
B. Co-location and Availability of Suitable Existing Towers and Other Structures
1). No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the city that no existing tower or structure can accommodate the applicant's
proposed antenna. Evidence submitted to demonstrate that no existing tower or structure
can accommodate the applicant's proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area required to meet
applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet applicant's engineering
requirements.
c. Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the existing towers or
structures would cause interference with the applicant's proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt an existing tower or structure for sharing are
unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
2). A telecommunication tower must be 1)used by two or more wireless telecommunications
providers; or 2) designed and built so as to be capable of use by two or more wireless
telecommunications providers and the owner of the antenna must certify to the City that the
tower is available for use by another wireless telecommunications provider on a reasonable
and non-discriminatory basis.
C. Aesthetics and Lighting
1). All towers shall be of monopole construction,unless another tower can be shown to cause
less visual impact on surrounding property than a similar monopole structure.
2). Towers shall be maintained with either a galvanized steel finish or,subject to any applicable
standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
3). Highly reflective surfaces shall not be permitted. No glare shall be emitted to adjacent
properties.
4). All exterior wires and/or cables necessary for operation of the antenna shall be placed
underground, whenever practicable, except for wires or cables attached flush with the
surface of a building or the structure of the antenna.
5). No permanent lighting is allowed on towers except as required by the FCC or the FAA(i.e., '
red lights by night/white strobe lighting during the day) .
6). Any temporary lighting shall be oriented inward so as not to project onto surrounding
residential property.
D. Federal Requirements (FAA,FCC,ANSI)
1) All towers shall meet or exceed current standards and regulations of the FAA,the FCC,and
any other agency of the federal or state government with the authority to regulate towers and
• antennas. If such standards and regulations are changed,then the owners of the towers and
antennas governed by this ordinance shall bring such towers and antennas into compliance
5
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with such revised standards and regulations within six(6)months of the effective date of
• such standards and regulations, unless a more stringent compliance schedule is mandated
by the controlling federal agency. Failure to bring towers and antennas into compliance
with such revised standards and regulations shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
2) Applicants shall provide the city with certification of compliance with ANSI and IEEE
Standards regarding human exposure to non-ionizing electromagnetic radiation("NIER").
3). For a site being proposed in a floodplain, the 'applicant shall provide the city with
certification from the FCC of Environmental Assessment("EA") approval.
4) For antennas, towers and/or supporting structures which are to be located in residential
neighborhoods and that are to be equipped with high intensity white lights, the applicant
shall provide the city with certification from the FCC of EA approval.
E. Building Codes; Safety Standards
1) After receiving the appropriate zoning approval,no tower, antenna, or other appurtenance
shall be installed without first obtaining a building permit issued by the Building Official.
2) To ensure the structural integrity of towers,the owner of a tower shall ensure that the tower
is constructed and maintained in compliance with standards contained in applicable local
building codes ("Uniform Building Codes, UBC") and applicable standards for towers,
published by the Electronics Industries Association Standard 222, ("EIA-222") "Structural
Standards for Steel Antenna towers and Antenna Support Structures."
3) A tower inspection report (based upon applicable UBC and EIA-222 standards) shall be
• prepared by an engineer licensed in the state of Texas and filed with the Building Official
in accordance to the following schedule: a)monopoles--at least once every ten(10)years;
b) lattice towers--at least once every (5)'years; and c) guyed towers--at least once every
three(3)years. However,the Building Official may require an immediate inspection should
an issue of safety be raised. -
4) If,upon inspection,the tower fails to comply with such codes and standards and constitutes
a danger to persons or property,then upon notice being provided to the owner of the tower,
the owner shall have thirty (30) days to bring such tower into compliance with such
standards. If the owner fails to bring such tower into compliance within said thirty (30)
days, the city shall remove such tower at the owner's expense.
F. Height
The requirements set forth below shall govern the location of towers that exceed, and antennas
that are installed at a height in excess of, the height limitations specified for the underlying
• zoning district in which the tower and/or antenna is proposed.
1) Mounted Antennas
a. Roof-mounted,non-whip type,telecommunications antennas shall not exceed the height
of the building by more than twelve (12) feet and may be required to be screened from
view from any adjacent public roadway.
b. Roof-mounted,whip-type,telecommunications antennas shall not exceed the height of
the building by more than fifteen(15)feet and shall be located no closer than 15 feet to
the perimeter of the building.
• c. Building-mounted,non-whip type,telecommunications,antennas shall be mounted flush
with the exterior of the building so that the antennas project no more than twenty-four
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(24) inches from the surface of the building to which it is attached, that a minimum •
• clearance distance of fifteen (15) feet is maintained from the ground to the lowest
element of the antenna and that the antenna shall be of a texture and color so as to blend
with the surrounding surface of the building.
d. Utility structure-mounted antennas shall not exceed more than twelve (12) feet the
maximum height of the utility structure. These utility structures shall include: electric
power transmission structures, light stanchions, and other like structures.
2) Freestanding Towers
For freestanding towers, structurally designed to accommodate shared users, the following
height and usage criteria shall apply:
a. for two users, up to one-hundred-twenty(120) feet in height;
b. for three users,up to one-hundred-fifty (150) feet in height.
Monopole Installation: The base of a monopole towers shall not exceeding 42 inches in
diameter. No microwave dish or similar device shall be mounted on the pole portion of a
monopole telecommunications tower. The platform portion of a monopole
telecommunications tower shall not have a horizontal cross section area greater than 196
square feet. The depth of the platform shall not exceed 4 feet,excluding any whip antenna.
G. Setbacks
1) Towers shall be a minimum of 200' or 2:1 distance to height ratio, whichever is greater,
from structures used for residential purposes.
• 2) Mounted antennas attached to existing structures(e.g.,bell towers,church steeples, stadium
lighting, electrical transmission towers, clock towers, and similar structures) are exempt
from the minimum residential setback and distance/height ratio regulations.
3) Towers shall be located in such a manner that if the structure should fall along its longest
dimension,it will remain•within property boundaries and avoid habitable structures,public
streets, utility lines and other telecommunication towers.
4) All guys and guy anchors shall be set back a minimum of 20 feet from any property line.
5) No tower shall be located in front of the building facade facing any street, or be located
within any required setback.
H. Landscaping and Screening
The following requirements shall govern the landscaping surrounding towers; however, in
locations where the visual impact of the tower would be minimal, the landscaping requirement
may be reduced.
1). Existing mature tree growth and natural land forms.on the site shall be preserved to the
maximum extent possible. In some cases, such as towers sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
2). Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be
enclosed by an eight(8)foot,solid screening fence or masonry wall or a wrought iron fence
with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound from any public roadway
or any property used for a residential purpose.
• 3). Where abutting residentially used land,residentially zoned property,public land or public
streets,or land designated as low or medium density residential on the city's Land Use Plan,
7
SC-—I01
•
the applicant shall provide a screening plan showing the placement of the plantings of a
• "F2" bufferyard(as a minimum) as described in Section 42 of this ordinance.
I. Security Fencing
1). No barbed wire is permitted.
J. Primary or Accessory Use
1). Antennas and towers may be considered either principal or accessory uses. A different
existing user or an existing structure on the same lot shall not preclude the installation of an
antenna or tower on such lot. Towers that are constructed and antennas that are installed in
accordance with the provisions of this ordinance shall not be deemed to constitute the
expansion of a nonconforming use or structure.
2). Equipment structures shall be of minimum size to house transmitting/receiving equipment
and shall not be utilized for offices, vehicle storage, or for any other use other than for
transmitting and receiving transmissions. No outside storage shall be permitted on the site.
3). At a tower site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, and textures that will comply with the materials permitted
by the underlying zoning district and shall blend with the natural setting and any existing
structures on the site, or the equipment building shall be contained entirely within a main
building on the property,or the equipment building shall be housed in an underground vault.
4). The necessary equipment building shall not exceed 7 feet in height nor 100 square feet in
total area.
4111 5). No more than three(3) separate equipment buildings shall be located on a single lot.
K. Maintenance and Parking •
1). Equipment shall be automated to the greatest extent possible to reduce traffic and
congestion.
2).. Providers shall anticipate the maintenance needs of landscaping, sprinkler systems, and
access roads.
3). All structures shall be maintained free from graffiti.
4). One (1) all weather surface parking space shall be provided on each site. The required
parking space need not be reserved exclusively for use by the antenna installation and may •
be one of the spaces provided for the principal use on the property. No off-street loading
space shall be required.
L. Other Conditions of Approval
1). Documentation of FAA approval shall be provided when towers are near public airports or •
flight paths.
2). Proof of adequate insurance coverage for any potential damage caused by the tower shall
be provided.
3). Each backhaul provider shall be identified and have all necessary franchises,permits, and
certificates. The identity of other providers who co-locate to the site and their backhaul
providers shall be provided as well.
4). No lettering, symbols, images, or trademarks large enough to be legible to occupants of
• vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a
telecommunications tower,platform, or antenna.
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5). All construction shall comply with all ordinances of the City not in conflict with this
• section.
6). In addition to the usual application fees for rezoning or specific use permit requests, the
applicant shall reimburse the City the actual cost of professional services,provided by an
engineer or other professional,that may be required to review the application and provide
expertise.
7). If high voltage is necessary, signs shall be posted every 20' which state, "Danger--High
Voltage." The operator shall also post"No Trespassing" signs.
M. Abandonment
1). The owner of a tower and/or related telecommunications facilities shall notify the Building
Official when the tower or other structures have ceased operating as part of a
telecommunications system authorized by the FCC. Within six(6)months of the date the
tower ceases to operate as part of an authorized telecommunications system,the tower must
either be removed from the site, or a certificate of occupancy must be obtained to allow
another permitted use of the tower. If within six(6)months,the owner fails to remove the
tower or obtain proper authorization for the use of the tower, the Building Official shall
revoke the certificate of occupancy for the tower and notify the city attorney to pursue
enforcement remedies.
2). Tower owner(s) shall bear all demolition costs.
N. Interference
Any signal interference complaints associated with telecommunications towers or related
equipment shall be addressed in accordance with FCC rules and procedures.
•
SECTION 3.
Section 34.1 (bb) (3), "Authorized Accessory Uses"of Ordinance No. 480, as amended, is hereby
deleted in its entirety.
en-site:
C-2, C-3, C-4
Not exceeding 35' in hcight
Not exceeding 65' in hcight CS, B-1, B-2, I-1, I-2
S
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•
SECTION 4.
IIISection 44.12 (8), "Special.Exception Uses" of Ordinance No. 480,as amended, is hereby amended
by revising the following provision thereto:
"8. The erection and maintenance of noncommercial ALL
radio and Ielevisionitransmitfirig and receiving PLOT PLAN REQUIRED
antennas and satellite dishes,teleeentnIttniefttieit
f ci'itics in excess of maximum height
regulations or maximum dish size for this district
where such structures are related to principal
permitted uses occupying the structures to which
they are external to, attached, or affixed. (As
amended by Ord.No. 480-J)"
SECTION 5.
Section 45.1 (38), "Specific Use Permits"of Ordinance No. 480;as amended, is hereby added to read as
follows:
III "SPECIFIC USE PERMIT DISTRICT WHERE PERMITTED
38.Telecommunication towers,antennas, and ALL, except CS
ancillary structures (e.g., equipment cabinets)may be
granted by City Council, subject to compliance with ,
the following provisions: ,
I. Objectives
The purpose of this ordinance is to establish general guidelines for the siting of telecommunications
towers and antennas. The City of Southlake recognizes today's rapidly changing technological
environment and realizes the public's increasing acceptance of and demand for superior personal
wireless communication services and with the adoption of this ordinance,the city's objectives are to:
1) encourage the location of towers in non-residential areas and minimize the total number,height,
and obtrusiveness of towers and antennas throughout the community;
2) encourage strongly the joint use of new and existing tower sites through co-location;
3) encourage users of towers and antennas to locate them,to the extent possible, in areas where the
adverse impact on the community is minimal (e.g., pre-existing buildings or structures such as
water towers,church steeples,bell towers,clock towers,and lighting stanchions or on municipal-
owned properties and facilities)to camouflage or conceal the presence of antennas or towers;
S 4) encourage users of towers and antennas to configure them in a way that minimizes the adverse
visual impact of the towers and antennas; and
5) enhance the ability of the providers of telecommunications services to provide such services to
io
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the community quickly, effectively, and efficiently.
IIIII. Definitions (applicable to this section):
ANSI standard means the most recently adopted ANSI C-95.1 standard of the American National
Standards Institute which establishes guidelines for human exposure to non-ionizing electromagnetic
radiation ("NIER").
Backhaul provider means the owner of a wire network(i.e.,the cable company,electric company,the
telephone company)utilized in connecting the various cell sites to telephone switching offices, long .
distance providers, or the public switched telephone network.
Directional antenna means a non-whip,panel or rectangular antenna used to achieve transmission or
reception in a specific direction.
EIA-222 means Electronics Industries Association Standard 222, "Structural Standards for Steel
Antenna towers and Antenna Support Structures."
Guyed tower means a freestanding tower which requires the use of flexible guying cables or wires
as the only or principle means of resisting the designed tower loads.
Height means the vertical distance measured from ground level to the highest point of the tower,
IIIincluding any attached antennas.
IEEE standard means the most recently adopted IEEE (Institute of Electrical and Electronic
Engineer) Standard for Safety Levels with Respect to Human Exposure to Radio Frequency
Electromagnetic Fields, 3 kHz to 300 Ghz" which establishes guidelines for human exposure to non-
ionizing electromagnetic radiation("NIER"). .
Lattice tower means a freestanding,open frame tower either rectangular, square or triangular in shape
at the base.
Mounted telecommunications antenna means a telecommunications antenna that is part of a
telecommunications system authorized by the Federal Communications Commission("FCC") and
that is affixed to the roof or other portion of a structure. An auxiliary building housing electronic and
communications equipment is permitted as part of this use.
Monopole telecommunications tower means a freestanding, single pole structure which utilizes its
base as the only or primary means of resisting the designed tower loads and which supports a platform
and antennas that are part of a telecommunications system authorized by the Federal
Communications Commission("FCC"). An auxiliary building housing electronic and communication
• equipment is permitted a part of this use.
Omnidirectional antenna (also called whip antenna) means a dipole antenna of cylindrical shape
IIIwhich is no more than 6 inches in diameter which serves a 360-degree area.
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•
Other telecommunications communication tower/antenna means any telecommunications
S communications tower or antenna that is part of a telecommunications system authorized by the
Federal Communications Commission("FCC"),but that is not covered by the definitions of mounted
telecommunications antenna or monopole telecommunications tower.
Platform means that portion of a monopole telecommunications tower that is located on top of the
pole and that supports directional, transmitting,and receiving antennas. The platform portion of a
monopole telecommunications tower shall not have a horizontal cross section area greater than 196
square feet. The depth of the platform shall not exceed 4 feet, excluding any whip antenna. Only
antennas that are part of a telecommunications system authorized by the FCC shall be permitted on
a platform.
Propagation map means a map of the general area in which the proposed tower/antenna is to be
located showing the provider's existing towers/antennas within a. '; _`'.,-mile radius.
III. Districts Permitted
A. Telecommunications towers,antennas,and ancillary structures(e.g.,equipment buildings)
may be permitted by the City,subject to compliance with the development standards listed
in Section IV below:
1) By right, in the "CS,".Community Service District with a Concept Plan approved by the
Planning and Zoning Commission and the City Council.
II2) By Specific Use Permit,in"ALL"districts(excluding"CS,")with a Concept Plan approved
by the Planning and Zoning Commission and the City Council.
B. Information Required on Concept Plan
Each applicant shall submit a scaled concept plan meeting the requirements of Section 41 of this
ordinance, a scaled elevation view, a propagation map, and other supporting drawings,
calculations, and other documentation, signed and sealed by appropriate licensed professionals,
showing the location and dimensions of all proposed improvements, including information
concerning topography,proposed tower height, setbacks, drives,parking,fencing,landscaping,
screening, adjacent uses, and other information deemed by the City to be necessary to assess
compliance with this ordinance. .
C. Ordinance Exemption
Antennas mounted on existing city water towers shall be exempt from the requirements of this :
ordinance, provided a license or lease authorizing such antenna has been approved by the City
Council. All other antennas or towers,located on property owned,leased,or otherwise controlled
by the City Council of the City of Southlake shall be subject to the requirements herein.
IV. Development Standards
Certain regulations may be set aside if the requirement effectively denies competition.
A. Inventory of Existing Sites .
S
Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that
are either within the jurisdiction of the city or within one-quarter mile of the border, including
12
specific information about the location, height, and design of each tower. The City may share
• such information with other applicants applying for approvals under this ordinance or with other
organizations seeking to locate antennas within the city jurisdiction,provided;however,that the
city is not,by sharing such information, in any way representing or warranting that such sites are
available or suitable.
B. Co-location and Availability of Suitable Existing Towers and Other Structures
1). No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the city that no existing tower or structure can accommodate the applicant's
proposed antenna. Evidence submitted to demonstrate that no existing tower or structure
can accommodate the applicant's proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area required to meet
applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet applicant's engineering
requirements.
c. Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the existing towers or
structures would cause interference with the applicant's proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt an existing tower or structure for sharing are
unreasonable. Costs exceeding new tower development are presumed to be
• unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
2). A telecommunication tower must be 1)used by two or more wireless telecommunications
providers; or 2) designed and built so as to be capable of use by two or more wireless
telecommunications providers and the owner of the antenna must certify to the City that the
tower is available for use by another wireless telecommunications provider on a reasonable
and non-discriminatory basis. .
C. Aesthetics and Lighting
1). All towers shall be of monopole construction,unless another tower can be shown to cause
less visual impact on surrounding property than a similar monopole structure.
2). Towers shall be maintained with either a galvanized steel finish or,subject to any applicable
standards of the FAA,be painted a neutral color so as to reduce visual obtrusiveness.
3). Highly reflective surfaces shall not be permitted. No glare shall be emitted to adjacent
properties.
4). All exterior wires and/or cables necessary for operation of the antenna shall be placed
underground, whenever practicable, except for wires or cables attached flush with the
surface of a building or the structure of the antenna.
5). No permanent lighting is allowed on towers except as required by the FCC or the FAA(i.e.,
red lights by night/white strobe lighting during the day) .
• 6). Any temporary lighting shall be oriented inward so as not to project onto surrounding
residential property.
13
BC-(6)
• D. Federal Requirements (FAA,FCC,ANSI)
1) All towers shall meet or exceed current standards and regulations of the FAA,the FCC,and
any other agency of the federal or state government with the authority to regulate towers and
antennas. If such standards and regulations are changed,then the owners of the towers and
antennas governed by this ordinance shall bring such towers and antennas into compliance
with such revised standards and regulations within six (6) months of the effective date of
such standards and regulations, unless a more stringent compliance schedule is mandated
' by the controlling federal agency. Failure to bring towers and antennas into compliance
with such revised standards and regulations shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
2) Applicants shall provide the city with certification of compliance with ANSI and IEEE
Standards regarding human exposure to non-ionizing electromagnetic radiation("NIER").
3). For a site being proposed in a floodplain, the applicant shall provide the city with
certification from the FCC of Environmental Assessment("EA") approval.
4) For antennas, towers and/or supporting structures which are to be located in residential
neighborhoods and that are to be equipped with high intensity white lights, the applicant
shall provide the city with certification from the FCC of EA approval.
E. Building Codes; Safety Standards
1) After receiving the appropriate zoning approval, no tower, antenna, or other appurtenance
shall.be installed without first obtaining a building permit issued by the Building Official.
2) To ensure the structural integrity of towers,the owner of a tower shall ensure that the tower
is constructed and maintained in compliance with standards contained in applicable local
building codes ("Uniform Building Codes, UBC") and applicable standards for towers,
published by the Electronics Industries Association Standard 222, ("EIA-222") "Structural
Standards for Steel Antenna towers and Antenna Support Structures."
3) A tower inspection report (based upon applicable UBC and EIA-222 standards) shall be
prepared by an engineer licensed in the state of Texas and filed with the Building Official
in accordance to the following schedule: a)monopoles--at least once every ten(10)years;
b) lattice towers--at least once every (5) years; and c) guyed towers--at least once every
three(3)years. However,the Building Official may require an immediate inspection should
an issue of safety be raised.'
4) If,upon inspection,the tower fails to comply with such codes and standards and constitutes
a danger to persons or property,then upon notice being provided to the owner of the tower,
the owner shall have thirty (30) days to bring such tower into compliance with such :
standards. If the owner fails to bring such tower into compliance within said thirty (30)
days,the city shall remove such tower at the owner's expense.
F. Height
The requirements set forth below shall govern the location of towers that exceed, and antennas
that are installed at a height in excess of, the height limitations specified for the underlying
zoning district in which the tower and/or antenna is proposed.
1) Mounted Antennas
• a. Roof-mounted,non-whip type,telecommunications antennas shall not exceed the height
of the building by more than twelve (12) feet and may be required to be screened from
14
SC-(1
view from any adjacent public roadway.
• b. Roof-mounted,whip-type,telecommunications antennas shall not exceed the height of
the building by more than fifteen(15) feet and shall be located no closer than 15 feet to
the perimeter of the building.
c. Building-mounted,non-whip type,telecommunications antennas shall be mounted flush
with the exterior of the building so that the antennas project no more than twenty-four
(24) inches from the surface of the building to which it is attached, that a minimum
clearance distance of fifteen (15) feet is maintained from the ground to the lowest
element of the antenna and that the antenna shall be of a texture and color so as to blend
with the surrounding surface of the building.
d. Utility structure-mounted antennas shall not exceed more than twelve (12) feet the
maximum height of the utility structure. These utility structures shall include: electric
power transmission structures, light stanchions,and other like structures.
2) Freestanding Towers
For freestanding towers, structurally designed to accommodate shared users,the following
height and usage criteria shall apply:
a. for two users,up to one-hundred-twenty(120) feet in height;
b. for three users,up to one-hundred-fifty(150) feet in height.
Monopole Installation: The base of a monopole towers shall not exceeding 42 inches in
diameter. No microwave dish or similar device shall be mounted on the pole portion of a
• monopole telecommunications tower. The platform portion of a monopole
telecommunications tower shall not have a horizontal cross section area greater than 196
• square feet. The depth of the platform shall not exceed 4 feet, excluding any whip antenna.
G. Setbacks
1) Towers shall be a minimum of 200' or 2:1 distance to height ratio, whichever is greater,
from structures used for residential purposes.
2) Mounted antennas attached to existing structures(e.g.,bell towers,church steeples, stadium
lighting, electrical transmission towers, clock towers, and similar structures) are exempt
from the minimum residential setback and distance/height ratio regulations.
3) Towers shall be located in such a manner that if the structure should fall along its longest
dimension,it will remain within property boundaries and avoid habitable structures,public
streets,utility lines and other telecommunication towers.
4) All guys and guy anchors shall be set back a minimum of 20 feet from any property line.
5) No tower shall be located in front of the building facade facing any street, or be located
within any required setback.
H. Landscaping and Screening
The following requirements shall govern the landscaping surrounding towers; however, in
locations where the visual impact of the tower would be minimal,the landscaping requirement
may be reduced.
1). Existing mature tree growth and natural land forms on the site shall be preserved to the
maximum extent possible. In some cases, such as towers sited on large, wooded lots,
• natural growth around the property perimeter may be sufficient buffer.
2). Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be
15
Sc-/17
enclosed by an eight(8)foot, solid screening fence or masonry wall or a wrought iron fence
• with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound from any public roadway
or any property used for a residential purpose.
3). Where abutting residentially used land, residentially zoned property, public land or public
streets,or land designated as low or medium density residential on the city's Land Use Plan,
the applicant shall provide a screening plan showing the placement of the plantings of a
"F2"bufferyard(as a minimum) as described in Section 42 of this ordinance.
I. Security Fencing
1). No barbed wire is permitted.
J. Primary or Accessory Use
1). Antennas and towers may be considered either principal or accessory uses. A different
existing user or an existing structure on the same lot shall not preclude the installation of an
antenna or tower on such lot. Towers that are constructed and antennas that are installed in
accordance with the provisions of this ordinance shall not be deemed to constitute the
expansion of a nonconforming use or structure.
2). Equipment structures shall be of minimum size to house transmitting/receiving equipment
and shall not be utilized for offices, vehicle storage, or for any other use other than for
transmitting and receiving.transmissions. No outside storage shall be permitted on the site.
3). At a tower site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, and textures that will comply with the materials permitted
by the underlying zoning district and shall blend with the natural setting and any existing
structures on the site, or the equipment building shall be contained entirely within a main
building on the property,or the equipment building shall be housed in an underground vault.
4). The necessary equipment building shall not exceed 7 feet in height nor 100 square feet in
total area.
5). No more than three(3) separate equipment buildings shall be located on a single lot.
K. Maintenance and Parking
1). Equipment shall be automated to the greatest extent possible to.reduce traffic and
congestion.
2). Providers shall anticipate the maintenance needs of landscaping, sprinkler systems, and
access roads.
3). All structures shall.be maintained free from graffiti.
4). One (1) all weather surface parking space shall be provided on each site. The required
parking space need not be reserved exclusively for use by the antenna installation and may
be one of the spaces provided for the principal use on the property. No off-street loading
space shall be required.
L. Other Conditions of Approval
1). Documentation of FAA approval shall be provided when towers are near public airports or
flight paths.
• 2). Proof of adequate insurance coverage for any potential damage caused by the tower shall
be provided.
16
3). Each backhaul provider shall be identified and have all necessary franchises,permits, and
• certificates. The identity of other providers who co-locate to the site and their backhaul
providers shall be provided as well.
4). No lettering, symbols, images, or trademarks large enough to be legible to occupants of
vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a
telecommunications tower, platform, or antenna.
5). All construction shall comply with all ordinances of the City not in conflict with this
section.
6). In addition to the usual application fees for rezoning or specific use permit requests, the
applicant shall reimburse the City the actual cost of professional services,provided by an
engineer or other professional,that may be required to review the application and provide
expertise.
7). If high voltage is necessary, signs shall be posted every 20' which state, "Danger--High
Voltage." The operator shall also post"No Trespassing" signs.
M. Abandonment
1). The owner of a tower and/or related telecommunications facilities shall notify the Building
Official when the tower or other structures have ceased operating as part of a
telecommunications system authorized by the FCC. Within six(6)months of the date the
tower ceases to operate as part of an authorized telecommunications system,the tower must
either be removed from the site, or a certificate of occupancy must be obtained to allow
another permitted use of the tower. If within six(6) months,the owner fails to remove the
tower or obtain proper authorization for the use of the tower, the Building Official shall
revoke the certificate of occupancy for the tower and notify the city attorney to pursue
enforcement remedies.
2). Tower owner(s) shall bear all demolition costs.
N. Interference
Any signal interference complaints associated with telecommunications towers or related
equipment shall be addressed in accordance with FCC rules and procedures.
SECTION 6.
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,
except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances,
in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 7.
• It is hereby declared to be the intention of the CityCouncil that the phrases,
p ases, clauses, sentences,
17
paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence,paragraph or
section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court•
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 8.
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.
III SECTION 9.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of
the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard
regulations which have accrued,at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation,both civil and criminal,whether pending in court or not,under such
ordinances,same shall not be affected by this ordinance but may be prosecuted until fmal disposition by
the courts.
SECTION 10.
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or
pamphlet form for general distribution among the public, and the operative provisions of this ordinance
as so published shall be admissible in evidence in all courts without further proof than the production
ill thereof. -
1,8
SECTION 11.
• The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or
its caption and penalty together with a notice setting out the time and place for a public hearing thereon
at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the
imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City
Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper
one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter
of the City of Southlake.
SECTION 12.
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.
III
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1997.
MAYOR
ATTEST:
CITY SECRETARY
ill
19
.
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1997.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
•
20
8c-23 '
City of Southlake,Texas
STAFF REPORT
January 17, 1997
PROJECT: Ordinance No. 480-X
STAFF CONTACT: Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743
Attached is the first draft of Ordinance No. 480-X as requested by the City Council. It amends
the maximum density permitted in the "R-PUD" Residential Planned Unit Development district.
This amendment reflects a reduction in the maximum residential density from 2.18 du/acre to 1.80
du/acre per gross acre. It also provides that nonresidential acreage ancillary to the residential P.U.D.
be subtracted from the gross acreage of the residential P.U.D.request prior to calculating the density
for the development. The method of calculation (based on gross acreage) is unchanged with this
amendment.
•
On January 9, 1997,the Planning and Zoning Commission recommended approval of the ordinance
revision as drafted.
i'. City of South lake,Texas
STAFF REPORT
January 17, 1997
CASE NO: ZA 96-155 PROJECT: First Reading/Ordinance No. 480-227
Rezoning/Callicott/Rhodes Farm
STAFF CONTACT: Karen P. Gandy, Zoning Administrator,481-5581, ext. 743
REQUESTED ACTION: Zoning Change for Callicott/Rhodes Farm on property described as being
approximately 1.004 acres, and being Tract 1B5C in the L. H. Chivers
Survey,Abstract No. 300.
LOCATION: Approximately 810' south of the intersection of East Dove Street and
Ridgecrest Drive.
OWNERS: Cari C. Rhodes and Kevin Rhodes •
APPLICANT: Forshey Consulting Services, Inc.
CURRENT ZONING: "AG" Agricultural District
QUESTED ZONING: "SF-1A" Single Family Residential District
LAND USE CATEGORY: Low Density Residential(may include limited low intensity office and/or
retail uses)
NO. NOTICES SENT: Four(4)
RESPONSES: - One (1)response was received within the 200'notification area:
• • Sonja Callicott, 435 Dove Road Southlake, in favor of. "I see no
•
problems at all."
P&Z ACTION: December 19, 1996; Approved(7-0)to table and to continue the Public
Hearing until the January 9, 1997 Planning & Zoning Commission
meeting due to Resolution 95-24.
January 9, 1997;Approved(6-0).
STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family
Residential District does not require a Concept Plan Review by Staff.
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•
• CITY OF SOUTHLAKE, TEXAS '
=URDIbiANCE`NO '480227
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=10947ACRES SITUATED IN THE LARKIN.
H:CHIVERS SURVEY,"" ABSTRACT NO`:.300 ;=BEINGTTRACT
BSC,AND MORE FULLY AND•COMPLETELY DESCRIBED IN
EXHIBIT"A"FROM `AG";AGRICULTURAL DISTRICT TO"SF»
1,A`"rSINGLEEAMI�LY`RESIDENTIAI:DISTRTCT, 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 ass"tAG ,Attiq#Ural
• 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\480-227.SFI
Page 1 Q
e'Ll .
• 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,
SWHEREAS,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 tractor 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 approximately 1:004acres situated in the Larkin:=H:'"Chivers Survey,,Abstract
No -300 :Tract;1B5C, and more fully and completely described in Exhibit "A"
L:\CTYDOCS\ORD\CASES\480-227.SF1
Page 2
8E-5 •
• attached hereto and incorporated herein,from,'.'A.G'Agric-14,Waal"'i triet to PSF l '
Single Fainily Residential`D strict.
. 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
Sparticular 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
S
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\480-227.SF1 '
• Page 3 .
S
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. f
i
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:
S
CITY SECRETARY
• PASSED AND APPROVED on the 2nd reading the • day of , 1997.
MAYOR
S . ,
L:\CTYDOCS\ORD\CASES\480-227.SF1 ,
Page 4
•
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
•
•
•
L:\CTYDOCS\ORD\CASES\480-227.SF 1
Page 5 8E-8
• EXHIBIT "A"
COMMENCING AT A FOUND 5/8 INCH IRON ROD LYING IN THE CURRENT SOUTH
RIGHT OF WAY OF EAST DOVE ROAD AT THE NORTHWEST CORNER OF THE SAID
7.17 ACRE TRACT, SAID POINT ALSO BEING THE NORTHEAS i CORNER OF TRACT
II, A CALLED 2.575 ACRE TRACT OF LAND CONVEYED TO JOANNE POKLADNIK IN
A DEED RECORDED IN VOLUME 12408,PAGE 0177,D.R.T.C.T., FROM WHICH A
FOUND 'A INCH IRON ROD BEARS NORTH 89 DEGREES 21 MINUTES 17 SECONDS
WEST, 199.93 FEET;
THENCE SOUTH 01 DEGREES 08 MINUTES 34 SECONDS WEST, 12.74 FEET TO A 5/8"
IRON ROD SET IN CONCRETE, SAID POINT LYING ON THE PROPOSED SOUTH
RIGHT OF WAY OF EAST DOVE ROAD.
THENCE NORTH 89 DEGREES 10 MINUTES 53 SECONDS EAST, THROUGH THE SAID
7.17 ACRE.TRACT AND ALONG THE PROPOSED SOUTH RIGHT OF LINE OF EAST
DOVE ROAD, SAID LINE BEING PARALLEL TO AND 42 FOOT SOUTH OF THE
EXISTING CENTERLINE OF DOVE ROAD,A DISTANCE OF 263.55 FEET TO A 5/8
• INCH IRON ROD SET IN CONCRETE, SAID POINT LYING ON THE EAST LINE OF THE
SAID 7.17 ACRE TRACT. .
THENCE, SOUTH 02 DEGREES r16 M1NUTES 55 SECONDS WEST, ALONG THE EAST
LINE OF THE SAID 7.17 ACRE TRACT,PASSING A FOUND 3/8 INCH IRON ROD AT.
1.61 FEET,BEING THE NORTHWEST CORNER OF LOT 1,BLOCK 1 OF STEWARD
ADDITION, AN ADDITION TO.THE CITY OF SOUTHLAKE AS RECORDED IN .
VOLUME 388-159,PAGE 40 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS;
• PASSING A 5/8 INCH IRON ROD FOUND AT 193.35 FEET,AND PASSING A 5/8 INCH .
IRON ROD FOUND AT 394.01,IN ALL A TOTAL DISTANCE OF 838.18 FEET TO•A 5/8 V - .
INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 3,BLOCK 1 OF SAID V
STEWARD ADDITION AND BEING THE NORTHWEST CORNER OF THE CALLED 1.0
ACRE TRACT AND BEING THE POINT OF BEGINNING.
THENCE NORTH 88 DEGREES 32 MINUTES 3.4 SECONDS EAST, ALONG THE
COMMON LINE BETWEEN THE SAID 1.0 ACRE TRACT AND BLOCK 1 OF SAID V .
STEWARD ADDITION, A DISTANCE OF 206.98 FEET TO A'A INCH IRON ROD FOUND .
• V
L:\CTYDOCS\ORD\CASES\480-227.SF1
Page 6
$E--9
ON AN EAST LINE OF THE SAID 1.0 ACRE TRACT AND A WEST LINE OF LOT 2,
BLOCK 1,OF VANN ADDITION,AN ADDITION TO THE CITY OF SOUTHLAKEAS
RECORDED IN VOLUME 388-159, PAGE 39 OF THE PLAT RECORDS OF TARRANT
COUNTY, TEXAS, FROM WHICH A %2 IRON ROD WAS FOUND BEARING SOUTH 89
DEGREES 29 MINUTES 34 SECONDS EAST, 21.09 FEET BEING THE SOUTHERLY
SOUTHEAST CORNER OF BLOCK 1 OF SAID STEWARD ADDITION.
THENCE SOUTH 01 DEGREES 21 MINUTES 20 SECONDS WEST, ALONG THE
COMMON LINE BETWEEN THE SAID 1.0 ACRE TRACT AND LOT 2,BLOCK 1 OF SAID
VANN ADDITION, A DISTANCE OF 209.00 FEET TO A 5/8 INCH IRON ROD SET
AT THE SOUTHEAST CORNER OF THE SAID 1.0 ACRE TRACT AND THE
NORTHEAST CORNER OF A 4.89 REMAINDER OF A CALLED 5.884 ACRE TRACT OF
LAND CONVEYED TO SONJA CALLICOTT IN A DEED RECORDED IN VOLUME 9345,
PAGE 0680,D.R.T.C.T.
THENCE NORTH 88 DEGREES 49 MINUTES 17 SECONDS WEST, ALONG THE
COMMON LINE BETWEEN THE SAID 7.17 ACRE AND THE 4.89 ACRE TRACTS, A
DISTANCE OF 210.38 FEET TO A POINT FOR A CORNER,
THENCE NORTH 02 DEGREES 16 MINUTES 55 SECONDS EAST , THROUGH THE SAID
7.17 ACRE TRACT ALONG THE WEST LINE OF THE CALLED 1.0 ACRE TRACT,A
DISTANCE OF 210.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.004
ACRES OR 43,720 SQUARE FEET OF LAND,MORE OR LESS.
L:\CTYDOCS\ORD\CASES\480-227.SF1 8r .IO
Page 7 1�
City of Southlake,Texas
STAFF REPORT
January 17, 1997
CASE NO: ZA 96-154 PROJECT: Preliminary Plat/Callicott/Rhodes Farm
STAFF CONTACT: Tom Elgin, Planner II, 481-5581, ext. 753
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Preliminary Plat for Callicott/Rhodes Farm on property'described as being
approximately 12.98 acres,being Tracts 1B3, 1B3C,and 1B5C in the L. H.
Chivers Survey,Abstract No. 300.
LOCATION: South side of East Dove Street at the intersection of East Dove Street and
Ridgecrest Drive
OWNERS: Cari Rhodes, Kevin Rhodes, and Sonja Callicott
APPLICANT: Forshey Consulting Services, Inc. •
CURRENT ZONING: "SF-1A" Single Family Residential District and "AG" Agricultural District
LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or
II/ retail uses).
NO. NOTICES SENT: Thirteen (13)
RESPONSES: Two (2) responses were received within the.200' notification area:
• Gayon Bailey, 465 E. Dove, Southlake, in favor.
• Robert McPherson, 160 E. Dove Road, Southlake, in favor.
P&Z ACTION: December 5, 1996; Approved (5-0) applicant's request to table until the
December 19, 1996 Planning & Zoning Commission meeting.
•
December 19, 1996; Approved (7-0) to table and to continue the Public
Hearing until the January 9, 1997 Planning&Zoning Commission meeting
due to Resolution 95-24.
January 9, 1997; Approved (6-0) subject to Plat Review Summary No. 1
dated December 13, 1996, deleting Item# 12 (proposed Lot 2 must front
on a public street); modifying Item #15b (provide a 15' D+UE along the
west line of the subdivision)to defer to Final Plat stage.
•
STAFF COMMENTS: The applicant has met all items in Preliminary Plat Review Summary No.
• 1 dated December 13, 1996, with the exception of those items addressed
in the attached Preliminary Plat Review Summary No. 2 dated January 17,
1997.
L:\WP-FILES\MEMO\96CASES\96-154PP.W PD
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ZA96-154 Adjacent Land Owners and Zoning
10-Dec-96
Number Owner Name Zoning
01 MCPHERSON, R. SF-1A
02 USA SF-1A
03 STRAIT, O. SF-1A
04 WADE, B. SF-1A
05 SHELTON, J . AG
06 BAILEY, G. AG
07 HEITMAN, S. AG
08 BAILEY, F. AG
10 ESTES, C. AG
11 TIMARRON LAND CORP. AG
12 TIMARRON LAND CORP. AG
•
13 WAYJAND, H. AG
14 MCDONIEL, E. AG
15 MCDONIEL, E. AG
S 1
City of South lake,Texas
PRELIMINARY PLAT REVIEW SUMMARY
OCase No: ZA 96-154 • Review No: Two Date of Review: 1/17/97
Project Name: Preliminary Plat - Callicott/Rhodes Farms being 8.090 acres out of the L.H. Chivers
Survey,Abstract 300
APPLICANT: SURVEYOR:
Kevin& Cari C. Rhodes and Sonja Callicott_ Forshey Consulting Services, Inc.
435 East Dove Road /' 1309 Trinity Drive
Southlake, Texas 76092 Benbrook, Texas 76126
Phone : (817) 481-8997 Phone : (817) 249-4056
Fax : Fax : (817) 249-4056
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/14/97 AND WE •
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.
K:.}};,,::.}}•.;:.}::.}•.}•;.:;.}:;.}::r:::.,..�:::..::::...:::.,:.r.::.:::r::.:::::.,.r:r.,.:::r:r.:..:::r:..;.:r,::::•vmv::.:v::nv::.,.... ... ........ ........:^}Y•:i Si:.:?:.:i......., r.............{.... ..............n..... ........:.4....:}}:6:•:iG:4:•}:.•:::::::::::.}}}}}:ii0:•::?i•Y•r:•}:•::^:h:4:x;.,vx{n}:^:r.:•r.v.:i+•}}}'ir:....... k .n..........n........n.n.....n.....................n..,.....r..,............................Y....................:..,:n...M1..........................`}::r::::.v::...........r....:............::...:n...:.:.,vx...:....r.
1. Provide the deed volume and page for the Mc Pherson tract located on the north side of Dove Road.
2. Show and label the general outline of area embraced by tree cover.
3. Correct the discrepancy between the acreage shown in the title block and the acreage in the metes and
• bounds description.
4. Align the R.O.W. dedication line with the north line of Lot 1, Block 1; Steward Addition in order to
eliminate the 1.6'±offset and provide a more consistent alignment in the south R.O.W of Dove Road.
Make the appropriate changes to the interior dimensions on Lot.1 and to the passing calls in the -
written description.
5. Proposed Lot 2 must front on a public street. (P.&ZAction 1/9/97: delete)
6. -Correct the discrepancy between the bearing tie to the southeast corner of Block 1, Steward Addition
in the 2nd call from beginning and the graphic label.
7. The following changes are needed with regard to easements:
a. Provide utility easements along the perimeter of the property in the following manner:
Where adjacent property is unplatted or platted showing a utility easement less than
10'but equal to or greater than 5',provide a 5'U.E. along the property line; if adjacent
property.is platted and shows no utility easement or a utility easement less than 5',
provide a 10'U.E. along the property line.
b. Show the west line of the private access easement where it cross the center of Lot 1.
• * Although the required 15' Drainage and Utility Easement has been provided, the applicant
should be aware that final determination of its location will be determined at the time of Final
Platting.
8P-5.
City of Southlake,Texas
P&ZACTION:• December 5, 1996;Approved(5-0)applicant's request to table until the December 19,
1996 Planning&Zoning Commission meeting.
December 19, 1996;Approved(7-0) to table and to continue the Public Hearing until
the January 9, 1997 Planning&Zoning Commission meeting due to Resolution 95-24.
January 9, 1997; Approved (6-0) subject to Plat Review Summary No. 1 dated
December 13, 1996, deleting Item # 12 (proposed Lot 2 must front on a public
street); modifying Item #15,5 (provide a 15' D+UE along the west line of the
subdivision) to defer to Final Plat stage.
* The applicant should be aware that prior to issuance of any building permits, a final plat must be
processed through the City and filed in the County Plat Records. •
* Denotes.Informational Comment
cc: Kevin and Cari C. Rhodes'
Sonja Callicott
Forshey Consulting Services, Inc.
L:\WP-FILES\REV\96\96-154PP.2
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OWNERS/DEVELOPERS: SURVEYOR:
KEVIN RHODES. FORSHEY CONSULIING
"".1 ..,. • NIT,w1 AAA17941 REC'D JAN 141997 CARE C. RIIODFS Y SERVICES, INC.
SONJA CALLICOII
us,roK K RO 1 nCNA
...... won �. I A /tat m�•:'CRIM1 V
nor•• CASE NO. ZA 96-154
City of Southlake,Texas
MEMORANDUM
January 16, 1997
TO: Curtis E. Hawk
FROM;' Paul Ward, Building Official
Bob Whitehead, Director of Public Works
SUBJECT: Ordinance 669, 1st Reading, amending Ordinance No. 620, National Electrical
Code, 1996 Edition
In an effort to simplify the construction process, advance the safety of the electrical system,
facilitate the mobility of contractors and reduce construction costs,:the North Central Council of •
Governments has encouraged all jurisdictions throughout the region to adopt the 1996 National
Electrical Code (NEC), effective January 1997. The attached ordinance makes provisions for
adopting the 1996 edition of the National Electrical Code(Exhibit A).
There is also one (1) local amendment concerning conductor material (page 6 Exhibit "B") that
requires all.wiring for electrical systems to be copper with one exception: Conductors 1/0 or
larger may be used when specified. This amendment allows service.entrance conductors from the
'electrical meter to the electrical panel to be aluminum if 1/0 or larger. Aluminum conductors of
• this size installed properly will provide a safe electrical system. This is the same local'
Amendment Adopted with the 1993 NEC.
Ordinance 669 repeals Ordinance 620, which adopted the 1993 Edition of the National Electrical
Code on September 6, 1994. • •
The City Attorney has reviewed Ordinance 669. •
Please place-Ordinance 669 on the January 21th Council Agenda for the first reading.
C!,/-3-k0 C.5?
Paul Ward Bob Whitehead
•
Attachment
•
building\memos\ord669
8G-1
ORDINANCE NO. 669
AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE,1996
EDITION;PROVIDING FOR THE ADOPTING OF LOCAL AMENDMENTS.
THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR 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 Local Government Code; and
WHEREAS, City Council of the City of Southlake deems•.it necessary to adopt this
•. . ordinance governing requirements for the installation and maintenance of electrical systems, and the •
• ''use of electricity, in order to protect the health, to protect the health, safety and welfare of the.
citizens of the City of Southlake.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE,TEXAS:
SECTION 1
That the National Electrical Code, 1996 Edition;published by the National Fire Protection • .
Association, Inc., is hereby adopted as the Electrical Code of the City of Southlake. A true and .
correct copy of this Code is attached to this ordinance as-Exhibit"A". .
•
8G-2
III SECTION 2
The National Electrical Code, 1996 Edition, is hereby amended as set fort in Exhibit`B"
attached to this ordinance. The City of Southlake may from time to time determine that additional
local modifications to the National Electrical Code, 1996 Edition, are necessary and appropriate to
meet the unique construction needs of the City of Southlake. To effectuate these modifications, the •
City Council shall enact individual ordinances amending this ordinance fully setting forth the change
to be made in the Uniform code. These amendments shall be consolidated as Exhibit`B" to this
ordinance.
SECTION 3 •
The material contained in Exhibits "A" and`B"to this ordinance shall be maintained as a
• public record in the office of the City Secretary. These exhibits will be available for public
inspection and copying during regular business hours. .
SECTION 4
This ordinance shall be cumulative of all provisions of ordinances of the City.of Southlake,
• Texas,except where the provisions of this ordinance are in-direct conflict with the provisions of such
• ordinances, in which event•the conflicting.provisions of such ordinances are hereby. repealed, . . . .
specifically including Ordinance 620.• • . •
. SECTION 5
It is hereby declared to be the intention of the City Council that the phrases, clauses,•
sentences,paragraphs and sections of this ordinance shall be declared unconstitutional by the valid .
8G-3
6
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
S
any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 6
Any person, firm or corporation who violates,disobeys,omits,neglects or refuses to comply
- with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense. _
SECTION 7
•
All rights and remedies'of the city of.Southlake are expressly saved as to any and all •
violations of the provisions of any ordinances affecting the electrical systems and electricity which-
have accrued at the time of the effective date of this ordinance; and, as to such accrued violations • •
• and all pending litigation, both•civil,and criminal, whether pending in court or not, under such -
ordinances,same shall not be affected by this ordinance but may be prosecuted until final disposition
by the courts. " .
SECTION 8 •
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions of
this ordinance as so published shall be admissible in evidence.in all courts without further proof than
S
8G-4
T
• the production thereof.
SECTION 9
The City Secretary of the City of Southlake is hereby directed to publish the proposed
i
ordinance or its caption and penalty together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading of this ordinance, and if this
ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten days after passage.of this ordinance, as required by Section 3.13 of
the Charter of the City of Southlake.
S . SECTION 10
-
This ordinance shall be in full-force and effect from and after its passage and publication as
required by law, and it is so'ordained.
PASSED AND APPROVED ON FIRST READING ON THIS ' DAY OF
, 1997.
MAYOR .
ATTEST:
0 CITY SECRETARY
8G-5
• PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1997.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
• City Attorney
DATE:
ADOPTED:
EFFECTIVE:
D:\WP-FILES\ORD\669\ELECC.WP D
• 8G-6
EXHIBIT"A"
NFPA 70
National Electrical Code
1996 Edition
8G-7
• EXHIBIT`B"
LOCAL AMENDMENTS TO THE 1996 NATIONAL ELECTRICAL CODE
The following sections and paragraphs of the 1996 National Electrical Code are amended as follows:
Section 310.2 Conductors
(A) no change
(B) Conductor Material, Conductors in this article shall be copper. Except that
conductors 1/0 or larger may be aluminum when specified.
END OF AMENDMENTS WITH ORDINANCE ADOPTION.
D:\WP-FILES\ORD\669\ELECT.WPD
•
•
•
• 8G-8
City of Southlake,Texas
MEMORANDUM
January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Commercial Developers Agreement with Liberty Bank at 2438 E. Southlake Blvd.
(F.M. 1709), on the North Side of Southlake Blvd., Approximately 280' East of
Bluebonnet Dr.
Background
Attached is the Commercial Developers Agreement for Liberty Bank. This is a standard agreement. Several
items need to be brought to the City Council's attention.
► OFF-SITE SEWER
The Developer will construct the sanitary sewer line from this property to the corner of F.M. 1709 and
Kimball Ave. The Developer will return to City Council at a later date to discuss how they might obtain
• reimbursement for construction from any commercial developments that may wish to tie into this line.
There are several potential developments between this property and the F.M. 1709/Kimball Ave.
• intersection. This Developer recognizes his responsibility to construct this line in order to serve.his
property; however, he would like the opportunity to recoup some of his expenses if future developers
take advantage of this line.
•
The Developer,his Engineer and City Staff have attempted to schedule a meeting to discuss this issue,
however,due to our recent inclement weather and meeting conflicts,we have not been able to meet. The
Developer is anxious to proceed with this portion of the project at this time,with the understanding that
he can revisit the reimbursement issue at a later time.
• ► OFF-STTE WATER
The Developer will construct a 12"water line from the property to the comer of F.M. 1709 and Kimball
Ave. In accordance with our standard policies,we will pay the difference in cost between a 12".and 8"
line.
Comments
Please place this item on the Regular City Council Agenda for January 21, 1997, for.City Council's review
an on ider t n.
RH/ls
attachment: Commercial Developers Agreement
Plat Exhibit D:\WP-FILES\CGMMERCI\LIDERTY\DEV-AG R.MEM
10A-1
S
COMMERCIAL DEVELOPERS AGREEMENT 01-17-97
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 Liberty'Ba,k to the City of
Southlake,Tarrant County,Texas,for the installation of certain community facilities located therein,
and to provide city services thereto. It is understood by and between the parties that this Agreement
• is applicable to Iibeziy<Bank (a commercial development) and to the off'site improvements
necessary to support the subdivision.
•
I. GENERAL REQUIREMENTS:
• A. It is agreed and understood by the parties hereto that the Developer shall employ a
• civil engineer licensed to practice in the State of Texas for the design and preparation
of the plans and specifications for the construction of all facilities covered by this
agreement.
B. The Developer will present to the City either a cash escrow, Letter of Credit,
performance bond 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 orcash , •
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.
• •
10A-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.
•
10A-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.
• •• I. . 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. DR AMA GE:
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.
•
10A-4
• B. STREETS:
The Developer agrees to abide by all conditions placed by TxDot for the construction
of a curb cut at this side.
C. EROSION CONTROL: •
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.
D. AMENITIES:
•
It understood by and between the City and Developer that Liberty Bank may
• • incorporate a number of unique amenities and aesthetic improvements such as ponds,
aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and
accessory facilities. The Developer agrees to accept responsibility for the
construction and maintenance of all such aesthetic or specialty items such as walls, .
vegetation, signage, landscaping, street•furniture,pond and lake improvements.
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, lbss.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.
•
10A-5
11,
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.
III. GENERAL PROVISIONS:
A. INDEMNIFICATION
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES
HEREBY INDEMNIFY; HOLD HARMLESS AND DEFEND CITY, ITS ,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
• AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE
OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
• AND ALL .PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT
•• LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, •
EXPERT WITNESSES AND OTHER CONSULTANTS),ARISING OUT OF
OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR
LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND
SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY
. PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL
. ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS,
SERVANTS, . EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES,INVITEES, OR TRESPASSERS.
DEVELOPER AGREES TO INDEMNIFY THE CITY,ITS OFFICERS AND
EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING
FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE
CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS
OFFICERS AND EMPLOYEES.
•• 10A-6 •
SB. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
C. Approval by the City Engineer or other City employee of any plans, designs or
specifications submitted by the Developer pursuant to this agreement shall not
constitute or'be deemed to be a release of the responsibility and liability of the
Developer, his engineer, employees, officers or agents for the accuracy and
competency of their design and specifications. Such approval shall not be deemed to
be an assumption of such responsibility and liability by the City for any defect in the
design and specifications prepared by the consulting engineer, his officers, agents,.
servants or employees, it being the intent of the parties that approval by the City
Engineer signifies the City's approval on only the general design concept of the
• improvements to be constructed. In this connection,the Developer shall for a period
of two (2) years after the acceptance by the City of Southlake of the completed
construction project, indemnify and hold harmless the City, its officers, agents,
servants and employees, from any loss, damage, liability or expense on account of
damage to property and injuries, including death, to any and all persons which may
arise out of any defect, deficiency or negligence of the engineer's designs and
specifications incorporated into any improvements .constructed in accordance
therewith, and the Developer shall defend at-his own expense any suits or other
proceedings 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
nlay 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
•
10A-7
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. OFF-SITE SEWER:
The Developer agrees to construct an off-site'sewer line from the property to the
corner of F.M. 1709 and Kimball Ave.
B. OFF-SITE WATER:
The Developer agrees to construct a 12" water line from this property to the corner .
of F.M. 1709 and Kimball Ave. The City agrees to pay the difference in cost
• between the proposed line and an 8" water line.
C. PARK FEES:
The Developer agrees to pay the Park Fee for LbeityBarik of$500 per acre/lot, in
accordance with the Subdivision Ordinance No. 483, Section 7.0. There are
approximately 0;892;:acres in T iii.erty Bank, which would bring the total cost of the
• Park Fee to $4.4`6.
SIGNED AND EFFECTIVE on the date last set forth below. .
DEVELOPER:
By:
Title:
Address
•
Date:
• 1 OA-8
CITY OF SOUTHLAKE,TEXAS
•
By:
Rick Stacy,Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date: . •
•
• 10A-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.
D:I WP-FILESI COMMERCII LIBERTYI DEV-AGR.WPD
•
S10A-10
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�"Pr-^-""-^ . ' �13�� PLAT REVISION
eL R•0'Iy� B LOT 1R1. BLOCK 1
(F� �'� 7 W.E. MAYFIELD ADDITION
1 1709) w\ AN ADDITION TO THE
\ • CITY OF SOUTHLAKE i
•JP•GD• :7 '�, TARRANT COUNTY, TEXAS •
\ a47yt. 0.892 ACRES OUT OF THE THOMAS EASTER,ASST./474
'AI.. E -\ dD INC S. FREEMAN SURVEYS.ABST. /575
\ •
'�I'oz• RECORDED VOL. 388-C. PACE 4.
'� TARRANT COUNTY PUT RECORDS
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GEORGETOIIN PARK ADDITION y i I,
•A.....w..Dr[-C.. GEORG[TOwN MONMEL A PARTNERS.LTD. /•t• ` ks D,,• ��p��j DEC 2 31996
CDUNrY CLERK'S PRE NO.01161666l6 ' APPROVCO PRO/Low/Tr MT OWNER: LIBERTY BANK �1Lv�
COUNx T E can's RECORDS / �. / GEORGCTGMI P AKNPDDTION p 1 ERNEST N ENGINEERS.H
TARRANT ENNUI'TC,AS �A I�'
_ APPROVED C0R PIUNO 3.ox AC. 5801 DAVIS BLVD. CONSULTING INC. t
A PP. -- CCOAaCTOWN
CLERK'S EILC NO 0196f66616 Int•02R,TR S 2111
NORTH RICHLAND HILLS
_ TMMNT COunx TTY CLERK'S CTASS TARRANT COUNTY, TEXAS ""'U TTII
APPROVED TOR note
PRINTED:DCCEYBCR S, 1996 CASC NO. ZA 16-149
y City of Southlake,Texas
• MEMORANDUM
January 16, 1997
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
RE: Clarify map of Bob Jones Park Master Plan relating to future land acquisition
and roadway across property owned by Marylyn Miles and Marilyn Tucker
Marylyn Miles appeared before City Council on December 17 and requested that her land be
removed from the map which identified the southern portion of her tract as "future acquisition"for
Bob Jones Park. As you know, the City Council approved the Bob Jones Park Master Plan on
November 19, 1996. The master plan map included in the City Council packet for consideration on
November 19 identified several parcels of land for future land acquisition,however,the map did not
show any label for"future acquisition" on the Marylyn Miles tract. (At one point in the planning
process a proposed roadway was identified on this Marylyn Miles tract. The Parks and Recreation
Board relocated the roadway south of her tract, thereby eliminating the need to acquire the tract.)
The map exhibited by city staff in its presentation to City Council on November 19 had labeled the
bottom portions of the Marylyn Miles tract and Marilyn Tucker tract as"future acquisition,"but the
0 future roadway was displayed only on the top and bottom portions of the Marilyn Tucker tract. The
motion from City Council to approve the Bob Jones Park Master Plan, did not include adding the
Marylyn Miles property to be shown for future acquisition,rather,it left the map as presented in the
packet with the specific changes mentioned by City Council. The motion did include the removal
of the roadway from the Marilyn Tucker property.
It is staffs understanding that the motion to remove the road through the Marilyn Tucker property
referred to the roadway through the northern portion of Marilyn Tucker's property,not the roadway
through the southern edge of the property. Staff needs clarification from City Council of its intent
when it approved the Bob Jones Park Master Plan.
Staff recommends that the City Council clarify its intent to reflect the map as presented in the City
Council packet on November 19,indicating the roadway at the bottom(southern)portion of Marilyn
Tucker's property, extending to the south of Marylyn Miles property, on the Corps of Engineer's
property as indicated; show the removal of the diagonal roadway on the northern portion.of Marylyn
Tucker's roadway as indicated by City Council on the November 19 meeting; also,show the labeling
of the bottom portion of Marylyn Tucker's property as"future acquisition." No further clarification
is needed concerning the other aspects of the map as approved 6-0 by City Council.
Please put an item on the January 21, City Council agenda for City Council to clarify map of Bob
Jones Park Master Plan relating to future land acquisition and roadway across property
owned by Marylyn Miles and Marilyn Tucker.
.� If you have any questions please call me at 481-5581 extension 757.
KML
And —/
a
.-- The Master Plan for Bicentennial Park is a plan for the ultimate build-out of the City. The entire
plan is projected to take 15 to 20 years to complete and will include over $18 million on new and
renovated construction. Several issues with this master plan were addressed throughout the public
hearing process. The neighborhood was concerned about the noise and lights from the athletic
facilities near the homes, therefore, the new ballfields were moved further south with substantial
landscaped buffers planned to filter noise and lights. The plan proposes acquisition of more
property to the north for additional landscape buffers. All lights will have hoods to direct the light
to the fields and reduce the spill over of light to the neighbors. Lights are on timers and field use
is regulated by annual facility usage agreements with youth associations.
The road access off of North White Chapel will be to a satellite parking lot to access the natural
and open spaces of the park. Access off of Shady Oaks will acccess the new facilities planned on
the far west end of the park. A third access point is behind the old Food Lion site to access the
young adult facilities (ie. roller hockey rink, basketball counts and sand volleyball courts).
Pedestrian hike and bike trails will traverse the entire park, as well as, provide an entrance to the
Oak Hill Estates. The Master Plan designates five tracts of land to be acquired as the land
becomes available.
The final plan is recommended to the City Council by a unanimous vote of the Parks and
Recreation Board. It is supported by the majority of all citizens that participated in this process.
Motion was made to adopt the Bicentennial Park Master Plan as presented this evening, following
0 the recommendation of the Planning and Zoning Commission, leaving the buffer for the new
northeastern most field to 75 feet.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Muller, Moffat, Harris, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #7-C, Bob Jones Park Master Plan.
Kim Lenior, Director of the Park and Recreation Department, made the presentation on the Bob
Jones Park Master Plan stating, the City acquired 80 acres of the 114 acres of the West Beach
Subdivision in November 1994. This park site was to meet the requirements for a major city park
next to Lake Grapevine as described in the 1991 Parks, Recreation, and Open Space Master Plan.
In 1995, the City acquired another 17 acre tract of land adjacent to the Park on the north side.
The City Council named the park Bob Jones Park. The City Council hired MESA Design Group
to work with the Parks and Recreation Board to master plan this park. Since the initial meeting
in April 1996, the board has met in 21 public meetings, held four public hearings, and attended
numerous meetings with individuals from the neighborhood, adjacent property owners, equestrian
groups, the Grapevine Southlake Soccer Association and the Corps of Engineers. Two city-wide
SPIN meetings were held with collectively over 200 in attendance. The entire plan is projected
REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 7
s
�• to take 15 to 20 years to complete and will include over $11 million of new construction. Several
issues of the master plan were addressed throughout the public process.
Ms. Lenior noted the neighborhood was concerned about the noise and lights from the athletic
facilities near the homes, therefore, the soccer fields were moved further south with substantial
landscape buffers planned to filter noise and lights. Only three soccer fields are proposed to be
lighted, and these will be at the most southern fields in the park.
The equestrian community was concerned about the safety of the existing equestrian trail on the
Corps of Engineers property, if concrete hike and bike trails were built near them. The trails in
the Corps of Engineers property will be nature/hiking, soft surface trails only. The concrete hike
and bike trail will loop through the park on the City property. The master plan designates a circle
drive to park 35 cars on the Corps of Engineers property. The intent of the Board is that the
surface of the parking lot be able to support emergency vehicles. The Planning and Zoning
Commission unanimously approved the plan at their meeting on November 7, 1996,
recommending removal of the road access through Oakwood Estates and widen North White
Chapel with turn lanes as needed.
Curtis Hawk, City Manager, commented with regards to plans for improvements to North White
Chapel Blvd, stating, we are looking at three-quarter million dollars. The improvmentes to North
White Chapel Blvd..are eligible for SPDC funding because it's a roadway into our park.
AP Councilmember Scott Martin commented referencing a telephone being placed at
the furthest north areas of the park because of emergencies or car problems.
PUBLIC HEARING:
Susan Scott, 9 Sam Bass Ridge Road, Southlake. Ms. Scott stated she has been to as many Park
Board meetings as she cares to attend. She feels like they have come up with a plan that will be
a nice park and not impact the homeowners. On behalf of the residents, they are opposed to the
road through the Corps of Engineers property. Ms. Scott stated it was presented to them that
there would be no parking lot on the northern end, only a turn around. She wants to be sure that
the City Council realizes the residents in that area are opposed to the parking lot. She is happy
that the Park Board is recommending "soft trails". Ms. Scott stated the Master Trail Plan needs
to be amended to match the Bob Jones Master Plan.
Ms. Scott read a letter from Ms. Marge Zielke which is attached to the minutes of this meeting.
Frank Ferran, 122 Sam Bass Ridge Road, Roanoke. Mr. Ferran stated for the past few days he
was awakened by gun fire and stated the hunters had a Federal Hunting Permit to shoot on the
Corps of Engineer's property.
Cara White, 4475 Homestead Drive, Roanoke. Ms. White stated she wanted to thank the Park
110 REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 8
\ OFS• 3
f
ii, and Recreation Board, particularly Ronnie Kendall and Sheri Berman for their work on the Bob
Jones Master Plan, adding, lots of times people are not recognized for their hard work. She asked
that the park be gated with timers on the lights.
Rod Johnson, Chairman of the Park and Recreation Board. Mr. Johnson stated the plan has
changed many times. Sometimes people see things on the plan and then it is gone. Things have
been moved around. He referenced the parking lot on the north end.
Curtis Hawk, City Manager, commented that there are two issues; the Trail Master
Plan and the Park and Recreation Open Space Mater Plan. However, the plans
change, they will be the same. He addressed the issue of gun fire around the
Corps of Engineers property, stating, we do not allow gun fire in the City,
however, at this time, we do not have a lease on the Corps of Engineers property.
He referenced roadway issues, stating, accessibility is a major concern.
Mayor Rick Stacy stated he does not see a need for a lighted parking lot, nor does
he see a need for the road on Marilyn Tucker's property, and it should be taken off
the plan. He stated he does not want to encourage anyone to go to Grapevine
Lake, but to Southlake's park, adding, gating and timers will be enforced.
Lenora Schonitz, 4721 North White Chapel Blvd. Roanoke Ms. Schonitz stated they bought the
property because of the lake, but they do have some concerns. It is scary down there, they have
ipbeen robbed twice. They were county when they moved there, but were annexed by Southlake
and the only thing they get, is better police protection. She stated through the years it has
improved, but if the City puts a parking lot in that location, it will be inviting problems. Ms.
Schonitz stated, "If we need a turn around, do it, but keep it unimproved."
John Richardson, 4537 Homestead, Roanoke. Mr. Richardson stated they had problems with trash
and such until the Corps of Engineers came down and put up a fence. He stated he feels if we put
in a parking lot, we will be going back in time. He asked Council to direct the people to the park
and not involve the residents.
Bill Sawchuck, Homestead Drive, Roanoke. Mr. Sawchuck stated the road access to the lake is
a concern. He is afraid the natural land will be spoiled. The last thing we want to do is invite
more roads. They don't need any roads beyond the park itself.
Julie Landesberg, 305 South Bob Jones Road, Roanoke. Ms. Landesberg stated Lake Grapevine
is dangerous. The road going through the Corps. property is expensive. We could save a lot of
money and give the people what they need by not expending the roadway.
Richard Anderson asked Council to not put the parking lot at the end of White Chapel Blvd. He
asked Council to not develop the Corps. property as it would cost too much money.
III REGULAR CITY COU
NCIL MINUTES OF 11/19/96 MEETING PAGE 9
I-
Mayor Rick Stacy thanked the citizens for their phone calls and letters on this
1 issue, adding, he appreciates everyones input. He stated he feels the residents
should participate.
Public Hearing Closed.
Motion was made to approve the Bob Jones Park Master Plan as presented with the following
changes: elimination of the parking lot on North White Chapel Blvd. other than the necessity for
turn around of emergency vehicles; removal of the road through Marilyn Tucker's property; the
addition of all appropriate turn lanes off of N. White Chapel Road as needed for safe ingress-
egress of the parking lots and entrances to the park; acknowledgment that the trail within the
Corps. of Engineer property will be a soft trail; that no lighting shall be allowed north of the
circular hike and bike trail on the west side of Bob Jones Park and the trail circumnavigating the
amphitheater shall be a hard surface as detailed in the park plan.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Harris, Muller, Moffat, Stacy
Nays: None
Approved: 6-0 vote
Councilmember Scott Martin thanked members of the Park Board and City Staff
for their work on the Master Plan for Bob Jones Park.
Agenda Item #7-D, Ordinance No. 643, 2nd reading. Door-to-Door Solicitors
Ordinance No. 643, an ordinance requiring registration of door-to-door solicitors, requiring
identification badges, and providing regulations, was not discussed tonight.
Motion was made to table Ordinance No. 643, 2nd reading, at the request of the applicant.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy
Nays: None
Approved: 6-0 vote (to table)
Agenda Item #7-E. Ordinance No. 645. 2nd reading, Handbill Distribution
Ordinance No. 645, 2nd reading, an ordinance providing for the regulation of the distribution of
handbills in the City, and requiring registration of those who distribute handbills, was not
discussed tonight.
• REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 10
\ c . 5
City of Southlake,Texas
1VLFMORANDTJM
January 17, 1997
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Pavement Markings on F.M. 1709 at Westwood Dr.
Ra kground
We have had discussions with the Texas Department of Transportation(TxDot)relative to providing
pavement markings on F.M. 1709 at Westwood Dr. in order to alleviate turning conflicts. TxDot
has proposed new lane markings, center turn restrictions and signage that should ease the problems
that have plagued westbound traffic turning onto Westwood Dr.
A copy of the proposal developed by TxDot is attached for City Council review and comments.
TxDot has stated that they do not have the funds to perform this work. We estimate, that the cost
of removing existing markings, painting to the new layout, adding reflectorized "buttons", and
installing traffic signs will be less than$5,000.
If City Council agrees to this proposal, Staff will send an official request to TxDot for permission
to perform the work.
Comments.
We request that this item be placed on the City Council Regular Agenda for January 21, 1997, for
discussion
RH/ls
attachment: TxDot Proposal
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ADJACENT PROPERTY
OWNER, SANDRA MCKAY
VOL. 7311 PG. 1754
ZONED: I-1
L.U.D.: MIXED USED
N 89d 20'27" E 150.00' LANDSCAPE BUFFER
10' TYPE B
LANDSCAPE BUFFER
10'-0", TYPE "F1" j
I
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fASPHALT ASPHALT ASPHALT
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221 % 141 % 71
STONE BINS
f
ADJACENT PROPERTY I NO OUTSIDE STORAGE
HART INDUSTRIAL PARK I RACK FOR SPRINKLER PIPES IS VISIBLE TO ANY
LOT 2/ BLOCK A ADJACENT PROPERTIES
JIM MORSE CONCRETE
MORSE CONSTRUCTION INC. 20' OR CONCRETE
1594 HART ASPHALT �sP°HAI.r
SOUTHLAKE, TEXAS
76092 NO OUTSIDE STORAGE
ZONED: I-1 IS VISIBLE TO ANY DUHPSTER
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N 89d 20'46" E 150.010
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104'-0'
-HART STREET
60' R.O.W.
m
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LANDSCAPE
LANDSCAPE BUFFER
10'-0", TYPE "F1"
8' WOOD STOCKADE FENCE
ADJACENT PROPERTY
LOT 4/ BLOCK A
JOSEPH HART
246 ARBER DRIVE
GUN BARRELL CITY, TEXAS
75147
ZONED: I-1
L.U.D.: MIXED USE
HART INDUSTRIAL PARK
LOT 3/ BLOCK A
EXISTING ZONING: I-1
PROPOSED ZONING: I-1
EXISTING L.U.D.: MIXED USE
PROPOSED L.U.D.: MIXED USE
NO EXIST'G TREE COVER
NO EXISTING DRIVEWAY EAST OF PROPERTY.
THE MINIMUM SPACING BETWEEN DRIVEWAY CENTERLINES
MT7ST BE 100'. CURB RADDI CANNOT EXTEND BEYOND
THE SIDE LOT LINES.
DRIVEWAY TO THE WEST OF PROPERTY
IS APPROX. 105'-0" TO CENTER
THE PROPERTY TO THE WEST IN FRONT IS ALL CONCRETE.
ADJACENT PROPERTY
HART INDUSTRIAL PARK
LOT 3,4,5/ BLOCK B
JOSEPH HART
246 ARBER DRIVE
GUN BARRELL CITY, TEXAS
75147
ZONED: I-1
L.U.D.: MIXED USE
1
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V.
F
SYMBOL LEGEND
REQ'D BUFFER YARD AREA
LANDSCAPE AREA
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SCALE: 1"=40'—Cr Southlake, Texas 14 OCT 96
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LOT 24 LOT 23 LOT 22 LOT 21 LOT 20
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+ ♦ 10
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70
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DINS
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E/1�v�(f OR1VE
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15
A/1541 « D.:I. 0
Owner Lowerence Ch a P w"8 May + .'...... Owrw. .. Dr. Tin Hx*cbeo
Zaw>f� ; 9NGLE FAMILY SF-20/►.................................. ,�, ( I m + + KW 2000 E . Prsltlooy %W*i1sw Toed
t ; Q.
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♦ ...........................'. 0 R.rd.nsd
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/•" S 02'15'03' W 255,33' �, __.
MIDI F-2 8' HIGH M1�1 F-1 8" HGH
BLOCK 2 LOT 21 MASONRY SCRE�� SC DEVICE
LAKE CREST
A / 1541
A / 1541
Owrwr: Pk ton Mom.., Inc.
Zaaft : 96kE FANCY W-120A
LU) Mod Dwnity
Rod I Ild
Conce
t Plan
LLD Mead d um
Owrwr. Ldw Cmd Mlonrowrwn An=
Zw"V : SIOX E FAMLY W-20A
Lake Crest Drive
SCALE: 1" = 30r_0
0
111,
Lamb
20 bu far =yardng F.M. 1709 Southfaics Blvd, along type M
10 buffer yard alowest, south and Blast property fines
adjacent to residential zoning. Type F-1.
5 buffer yard along north and east property line adjacent
to 0-1 zonkg, Type A.
5MA of budding wee, or +- 9,8W sq. ft.
Required Irrigated Grass Area:
+/- 8.900 If
Buffer Yards To Be Provided:
Buffer yard along residential to be Type F-2
Buffer yard along FM 1709 to be Type P
Buffer yard along 0-1 zoning to remain as Type A.
Landscape Provided:
AN buffer yards are to be provided ppeett ordinance, refer to table.
Developer Intends to irrigate and rsa)ntaln RO.W. at
F.M. 1709 Southlake Blvd for +/- 4,3W a% ft of landscape area.
Interior to buffer yards +/- ST,000 sq. ft or +/- 44.3Y.
of site to be landscaped
Gran Areas Provided:
+/- 50,000 of (Inclusive of FM 1709 RO.W.)
Fence between 0-1 zon ring and new SP-2 to
be removed
Mi0
C
cO
I
Owner. 9001-AKE FOUL ffABUMENTS
IP.O. BOX XX LUBOCK TEXAS
Zaanhe : AG
LtD Low Derry
Reddie lid
Shady Oak
I
Owner: FM 709 9 ADY OAKS LTD.
1100 LOMO ALTO DALLAS, TEXAS
Iaw>ng : � C-2
Rerde ild DonQy
SUMMARY CHART - BUFFERYARDS
sulraryaard
Canopy
Accent
Shrubs
Fanoa/SaeenYsg
Location
Length
VAM-Type
Tress
Tress
Height t Material
Nall- ReWirad tas' 20'-M a 4 22«
No
PooNdsd.
lam'
20'-P
7
11
34o.
Nona
East Requirad 24r b'-A 2 5 /s
Nam
Provldsde
24r
W-A
2
5
19
Nam
North - Raqutad lab• b'-A 2 3 13
Nan,
Providede
low
W-A
2
3
13
None
East -
ReWired
P►
256'
2W
10'-Fl
10'-F2
a
15
20
Fl-Type fence and/or weaning device
rAded.
10
21
31
F-2 V mosonry sown
South
Required
331'
331'
lop-n
l0'-n
10
20
27
FI-T fence OW/aar sa *mbg deviceP►ovidede
13
27
40
F-21'Maasarry sane,
�sst
Reggrad
44W
10'-n
15
30
40
F1-Typs fetus and/or screwing do is
P►ovMMd•
4"
IV- F2
20
40
s0
F-2 a' Mosenry sawn
Other Commeatsr
1. Where obi p I a l od batmen the buadi" so*** line and public RAW. shrubs obtainbg o
No{gnf( (11 or greater musof
be planted at iv miebmrn hisspacingYA require
additional
(W)
an center aonefrwous along d paved wises ar the w drive orses. TAlu sri
shrubs wRhi+ the bufMryard
CASE
Subject
Property C
Tiiw 1
Arldlsee
Location
%0
PRor,00I anew I oM
Mii_l.Ri r of laid &%@W b sus mum awmwY
sMOt OR In Tansad Caaady. Taa4 sod "so roeeiadw of
fiat asrbb Marvin 4
best as Mowed Is YaMaw 4/OR tojs NI, Deed
Raewda Tafead Candy, Tame Ali 105
aiwfi% best
� caw I I ---dy dowbad
---o > at a s✓s iaah ban red bow ow on swrsa on of
West basiks s.ai.ar.rd teat Inn Wm cis
�r
. "M peM sa Ilwsaseat
saeMe of Lit Moak L Tbales LAfOr�seM t
as roewded In A. sm
45L Nat 9eswft Tamd County, Teas;
Twom swiss or deress " rsbasbs a eeawds
seat aIera on swiss ba of Weal summits
sad wrf, VAL Hkbmy Me, frost
nseof W14 fast is a Vs bait ben 4=4 aM
asensr of a bet Of lead b W. Marta at now" IN values W4.
fte
Taainstor tCCeawt�p, Tests
new= seas, of deopen is Wwbe a aweede
West slat West Ins of nit Monde
bat a of 241,4e fast
1s a V2 Yuma red bad far to seessweel sarmr of aid Marne bast
treats
Tw" ssasa 02 do eon N aabaat" n assarde
Tbeass swsa N depaee a aslsetse of wssnde baL alms se sums, ices sf aid Marls
best a d db N IMM feat b a tLa bib Yen red set for to iwsaaat
sew of ,add Mools
bet wM Pabst day Is bites W"bely so of LAKE 0111sln. as
resided b CaMnat A. No UK Nit A '16 Tared county. Tones
THD CE
Lot
N deg,o" N Missile s10 aeon& Wont Naq to Mesa bus of Lot M and
Lol 2 e Mel L LAKE C=T, SK04 bait b a tVs bob Yon M bad f r ow
T*� Ids M 6et ices of Lot IK ill" L N n1d
TM= liras so dorm of Wed= so "Monde West alums
of Mask L dT L Ries CT= OL to seat
bum Mf Lit Ld 2=, Let 21 and Lot 20.
Monk L I LAIQ. ACTION . dMose
of�� b sus PONr OF
t slues
CONCEPT PLAN FOR
Shady Oaks Centre
Southlake, Texas
Tarrant County
As Prepared by DBH Designs (11/11/96)
D. Bruce Henley.
1117 Crestview
Kaufman, Texas 75142
(972) 982-4088
Current Owner of Property: Marvin C. and Sadie A. Kennedy
Developer:
W. Dan Deichert. President
Texas Land and Budding CoMany
8150 N. Central Expressway, Suite: 440
Dallas, Texas 75206
(214) 892-8522
Current Zonkg AG
Zoning Requestted: SP-2
Tit FOLLOWSIC "o-r, um smLL 0E EL/*MTED
go do Sawtnp a Lose, Di�lcdlon a Mu ft Services,&qAr Wit services Redo decaying a Tell-Ift
e �w Trmei bifto or swwm Red BloN Paying w
Wes La Lbales, Oly NA Fhe-9 Poke � a,d�oswr
Site Area: +/- 2.954 acres
Building One. 7,3W sf
Buddin Two. 11AW sf
Total �rec 19,190 of
Building Percentage of Site: 14.9Y.
Budding Type: 1 story; masonry
Budding Use: Commercial Professional Office
ParkIng Required: 74 mkt.
ParkIng Provided: 88
Rath of Parking: V218
Bulling Design:
All buildings will most the minimum
requirement for articulation and design per
the Corridor Overlay Zone Rsgulatlon.
0 10 20 30 50
SCALE: r' = 30•-O" NORTH
NO, Z A 96-90
DEVELOPED BY
TEXAS
LAND
and
BUILDING
COMPANY
(214) 692-8522
CAMPBELL CENTRE
SUTE 440
8150 K CENTRAL.
DALLAS, TEXAS
O
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DATE: 11/13/96 1
ARCHTKTUtAL PLANW6
KALFkV^ YEW
19720 962-4M
FAX 9d2-SM
2 OF 2
RECD ,BAN I G 1997
100 0 100
Scale 1"
UNITED STATES OF AMERICA APPARENT EX.
..l P.O. BOX 1689 40' R.O.W.
FORT WORTH, TX 76101-1689 CAB. A, SLIDE 2362 APPARENT EX
VOL.4e 8577, PG. 836 10' R.O.W. DEDICA ION AG
-` O.R.T.C.T. "1 i CAB. A, SLIDE 2162
�J J
I
L ROBERT LEE MCPHERSON OLA STRAIT I TOM MILLER , J.M. SHELTON
"` 160 E. DOVE RD. ; 825 E. DOVE RD. ' 5604 OAK TOP DR. ' 570 E. DOVE RD.
CG SOUTHLAKE, TEXAS 76092 I ( SOUTHLAKE, TEXAS 76092 ( I(OLLEYVILLE, TX 760341 SOUTHLAKE, TX 76092
` �P VOL, — PG. _ VOL. 3495, PG. 81 , LOT 1, BLOCK 1 , VOL. 4400, PGS. 846 do 850
D.R.T.C.T. i i D.R.T.C.T. i i 1AKWOOD POND ADDN. ' D.R.T.C.T.
1 CAB. A, SLD. 2362, APPARENT EXIST.
I I
SF-1 A SF - POINT OF � � , D.R.T.C.T. , R.O.W. DEDICATION
EXIST.' 22' y BEGINNING SF-1 CAB. A, SLIDE 2362
ASPH. ROADWAY - - FND_ 5/8" I.R. - - -
EAST DOVE ROAD _ _-�-� ROADWAY p r- APPROX. SURVEY LINE EX. R.O.W. DEDICATION
(COUNTY ROAD 3080) FNb. 5 8 I.R. - -" VOL. 388-159, PG. 40
EX. 60' R.O.W. o SET 5 8' I.R.rFND.
D.R.T.C.T.
N_ _89'21 17' W 199.93 _ _ IN C TE
NO RECORD FOUND F p+ (too.00') (too.00') ����w-�� 1 _1.61' %2I IO.W. D� C S88'S4'S0" 211.08/e' I.R.
i 12.74' I R.O.W.
j (211.28 )
I AG ISN COET NCRETE 1 40' SETBACK 11 POINT OF AG
I I COMMENCING
1^^ FND. 3/8" I.R.
I ALL POWER �
(CALLED TR. I 1 I POLES (TYP.)
I i
I I TO REMAIN ' 1IO1 GAYLON F. BAILEY
i I I 1 468 E. DOVE RD.
' EX. ZONING SF-1 SOUTHLAKE, TEXAS 76092
i i 1 I 11 LOT 1, BLOCK 1
1 I PROP. ZONING SF-1 t 11 STEWARD ADDITION
200 300 I KEVIN RHODES AND (rFN
L 388-159, PG. 40, D.R.T.C.T.
JOANNE POKLADNIK 1 WIFE, CART C. RHODES ' 5/8' I.R. (215.0')
371 E. DOVE RD. 1 435 EAST DOVE RD 1
SOUTHLAKE, TEXAS 76092 1 I SOUTHLAKE, TEXAS 76092 11 AG
I VOL 12408. PG. 0177 �� I CALLED 7.17 ACRE � I
100' ' D.R.T.C.T. Z I VOL. 12541, PG. 1325 1 0
1 1 D.R.T.C.T. ( i 1 4 STEVEN AND DENICIA HEITMAN
475 E. DOVE RD.
I W I 11 SOUTHLAKE, TEXAS 76092
CALLED TR. 11 : - I ►= ! I LOT 2, BLOCK 1
i CALLED 2.575 ACRES �� L ^ STEWARD ADDITION
;1 i Q '41 VOL. 388-159, PG. 40, D.R.T.C.T.
Ld 1-• 1 "
U AG 2o I N ' I FND. 5/8• I.R. (219_1')
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HOWARD BRIAN WAYLAND 1 �p I i nn
325 E. DOVE RD. 1 i I SHED i F.L. BAILEY
SOUTHLAKE,
PA LED 1,1.517AS 760 2 � 1 I TO REMAIN � ; 1 � >0 1125 PEYTONVILLE
C
$ 89VS, 04�� E [� SOUTHLAKE, TEXAS 76092
VOL. 7438, PG. 874 FND. 5/8" I.R. ooto�--
FND.I.R. I LOT 3, BLOCK 1
D.R.T.C.T. _ _ _ _ - - - - - "� I STEWARD ADDITION
- -I-- - - - - .-F I VOL. 388-159, PG. 40, D.R.T.C.T.
KEVIN RHODES AND I SHED I
WIFE, CART C. RHODES I TO REMAIN
435 EAST DOVE RD °0
k-,
SOUTHLAKE, TEXAS 76092 F'
CALLED 1.00 ACRE w 1 LOT 1jv' VOL. 12541, PG. 1328 � I 0-"= 1
' D.R.T.C.T. 00 1 &1 76 ACRES
� 1 S 88'32'34 ' E I
0 1 3W*169 Ski. FT. f I 21.09' (21.1')
z.
4v- IL—=�-
IS 88�2'34" E
`` I,� FND._ 1/2' I.R.
`_` FND. 5/8• I.R.- I 5/FIN8` I.R. (207.04') FND. 1%2" JIR
�(v1V FND. 5/8' I.R.. .. I ALL POWER �
N 891f1C W POLES (TYP.) 1
� 1 I != 19• I TO REMAIN �1
G t 1' t~ W I III 2-STORY
a� P s I METAL/WOOD y�
('�►" tD I ! � g l I BARN • oo,l
• ��++ � v W TO REMAIN REMAINv�I AG; � NIE0 Z i q ❑❑ TO REMAIN
I 2 SHEDS �I
I (�, SHED 0
Q� 1 TO REMAIN I TO REMAIN SHED
v 1 _ _ _ TO REMAIN
SET 5/8" I.R. - - - - SET 5/8" I.R.
Z N ow40�17- W 453,OQ CHRISTINE VANN ESTES
WINDMILL (453.09') 597 E. DOVE RD.
TO REMAIN ® �� 3 SOUTHLAKE, TEXAS 76092
EX. ZONING SF-1 LOT 2, BLOCK 1
NN
1 ( PROP. ZONING SF-1 1-STORY II 4 VOL. 388V159, PG.1TIO39ND.R.T.C.T
i LOT 2 BRICKHOUSE
•� �1 4 j
IBLACK 1 TO REMAIN�il 0
1 ' SONJA CALLICOTT 4.a92 ACRES JJ N
1 435 EAST DOVE RD �,�4 �� j �;
SOUTHLAKE, TEXAS 76092 O
I 4.89 ACRE REMAINDER BRICK '
OF CALLED 5.884 ACRES GARAGE
1 VOL. 9345, PG. 0680, D.R.T.C.T. TO REMAIN 1
PASSED AND APPROVED ON FIRST READING ON THIS — — — — DAY OF ---------, 1997. N 88'34'29" W 649.00' S' UTIL EPLA 41
— -
PER THISPU1T
FND. 5/0" I.R. � �� 4w
(FROM TAX RECORDS) SET 5/8' I.R.
TIMMARON LAND CORP.
P.O. BOX 290
MAYOR: DALLAS, TX 75221-0290 AG
(FROM DEED RECORD)
ATTEST: BEAR CREEK COMMUNITIES, INC.
VOL. 9814, PG. 1376,
D. R. T. C. T.
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
MAYOR:
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY:
DATE: —
ADOPTED:
DAY OF
1997.
SURVEYOR'S CERTIFICATION
THIS IS TO CERTIFY THAT I, WILLIAM A. FORSHEY, A REGISTERED PROFESSIONAL LAND SURVEYOR
IN THE STATE OF TEXAS, HAVING PLATTED THE ABOVE SUBDIVISION FROM AN ACUTUAL SURVEY
ON THE GROUND; AND THAT ALL LOT CORNERS, AND ANGLE POINTS, AND POINTS OF CURVE SHALL
BE PROPERLY MARKED ON THE GROUND, AND THAT THIS PLAT CORRECTLY REPRESENTS THAT
SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION. THE SURVEYOR DID NOT ABSTRACT
THIS PROPERTY.
WILLIAM A. FORSHEY
R.P.L.S. NO. 5097
OWNERS DEDICATION
STATE OF TEXAS(
COUNTY OF TARRANT)
WHEREAS, WE, KEVIN RHODES, CART C. RHODES AND SONJA CALLICOTT ARE
THE OWNERS OF THREE TRACTS OF LAND SITUATED IN THE L.H. CHIVERS
SURVEY, ABSTRACT NO. 300, TARRANT COUNTY, TEXAS AND CONSISTING OF A
CALLED 7.17 ACRE TRACT OF LAND CONVEYED TO KEVIN RHODES AND WIFE,
CARI C. RHODES IN A DEED RECORDED IN VOLUME 12541, PAGE 1325, DEED
RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) AND A CALLED 1.00 ACRE
TRACT OF LAND CONVEYED TO KEVIN RHODES AND WIFE, CARI C. RHODES IN A
DEED RECORDED IN VOLUME 12541, PAGE 1328, D.R.T.C.T. AND THE 4.89 ACRE
REMAINDER OF A CALLED 5.884 ACRE TRACT CONVEYED TO SONJA CALLICOTT
IN A DEED RECORDED IN VOLUME 9345, PAGE 0680, D.R.T.C.T. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 3/8 INCH IRON ROD BEING THE NORTHWEST CORNER
OF LOT 1, BLOCK 1 OF STEWARD ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE AS RECORDED IN VOLUME 388-159, PAGE 40, OF THE PLAT RECORDS
OF TARRANT COUNTY, TEXAS;
THENCE NORTH 02 DEGREES16 MINUTES 55 SECONDS EAST, 17.58 FEET TO A
FOUND 5/8 INCH IRON ROD LYING IN THE CURRENT SOUTH RIGHT OF WAY OF
EAST DOVE ROAD AT THE NORTHEAST CORNER OF THE SAID 7.17 ACRE TRACT
AND BEING THE POINT OF BEGINNING;
THENCE, SOUTH 02 DEGREES 16 MINUTES 55 SECONDS WEST, ALONG THE EAST
LINE OF THE SAID 7.17 ACRE TRACT, PASSING AT 15.97 FEET, A 5/8 INCH IRON ROD
SET IN CONCRETE, SAID POINT LYING ON THE EAST LINE OF THE SAID 7.17 ACRE
TRACT AND ON THE PROPOSED SOUTH RIGHT OF WAY LINE OF EAST DOVE
ROAD, SAID POINT BEING LYING 42 FOOT SOUTH OF THE EXISTING CENTERLINE
OF EAST DOVE ROAD; AND PASSING A FOUND 3/8 INCH IRON ROD AT 17.58 FEET,
BEING THE SAID NORTHWEST CORNER OF LOT 1, BLOCK 1 OF STEWARD
ADDITION; AND PASSING A 5/8 INCH IRON ROD FOUND AT 209.32 FEET, AND
PASSING A 5/8 INCH IRON ROD FOUND AT 409.98 FEET, IN ALL A TOTAL DISTANCE
OF 855.76 FEET TO A 5/8 INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF
LOT 3, BLOCK 1 OF SAID STEWARD ADDITION.
THENCE SOUTH 88 DEGREES 32 MINUTES 34 SECONDS EAST, ALONG THE
COMMON LINE BETWEEN THE SAID 7.17 ACRE TRACT AND BLOCK 1 OF SAID
STEWARD ADDITION, A DISTANCE OF 206.98 FEET TO A 1 /2 INCH IRON ROD
FOUND ON AN EAST LINE OF THE SAID 7.17 ACRE TRACT AND A WEST LINE OF
LOT 2, BLOCK 1, OF VANN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE
AS RECORDED IN VOLUME 388-159, PAGE 39 OF THE PLAT RECORDS OF TARRANT
COUNTY, TEXAS, FROM WHICH A 1/2 IRON ROD WAS FOUND BEARING SOUTH 88
DEGREES 29 MINUTES 34 SECONDS EAST, 21.09 FEET BEING THE SOUTHERLY
SOUTHEAST CORNER OF BLOCK 1 OF SAID STEWARD ADDITION.
THENCE SOUTH 01 DEGREES 21 MINUTES 20 SECONDS WEST, ALONG THE
EAST LINE OF THE SAID 7.17 ACRE TRACT AND THE 4.89 ACRE REMAINDER AND
ALSO BEING THE WEST LINE OF LOT 2, BLOCK 1 OF SAID VANN ADDITION, A
DISTANCE OF 483.29 FEET TO A 5/8 INCH IRON ROD SET AT THE SOUTHEAST
CORNER OF THE SAID 4.89 ACRE REMAINDER TRACT AND BEING THE
SOUTHWEST CORNER OF BLOCK 1 OF SAID VANN ADDITION, AND LYING ON THE
NORTH LINE OF A TRACT OF LAND CONVEYED TO BEAR CREEK COMMUNITIES,
INC. IN A DEED RECORDED IN VOLUME 9814, PG. 1376, D.R.T.C.T.
THENCE NORTH 88 DEGREES 34 MINUTES 29 SECONDS WEST, ALONG THE
COMMON LINE BETWEEN THE SAID 4.89 ACRE TRACT AND THE SAID BEAR
CREEK COMMUNITIES TRACT, A DISTANCE OF 649.00 FEET TO A 5/8 INCH IRON
ROD FOUND BEING THE SOUTHWEST CORNER OF THE SAID 4.89 ACRE TRACT
AND THE SOUTHEAST CORNER OF A CALLED 11.517 ACRE TRACT OF LAND
CONVEYED TO HOWARD BRIAN WAYLAND IN A DEED RECORDED IN VOLUME
7438, PAGE 874, D.R.T.C.T.
THENCE NORTH 00 DEGREES 51 MINUTES 02 SECONDS EAST , ALONG THE
WEST LINE OF THE SAID 4.89 ACRE TRACT AND THE SAID 1.00 ACRE TRACT AND
THE EAST LINE OF THE SAID 11.517 ACRE TRACT, A DISTANCE OF 668.49 FEET TO
A FOUND 5/8 INCH IRON ROD FOR A CORNER, SAID POINT BEING THE
NORTHWEST CORNER OF THE SAID 1.00 ACRE TRACT AND ALSO BEING THE
SOUTHWEST CORNER OF TRACT II, A CALLED 2.575 ACRE TRACT OF LAND
CONVEYED TO JOANNE POKLADNIK IN A DEED RECORDED IN VOLUME 12408,
PAGE 0177, D.R.T.C.T.
THENCE SOUTH 89 DEGREES 08 MINUTES 04 SECONDS EAST , ALONG THE
COMMON LINE BETWEEN THE SAID 2.575 ACRE AND 1.00 ACRE TRACTS, A
DISTANCE OF 200.34 FEET TO A FOUND 5/8 INCH IRON ROD FOR A CORNER, SAID
POINT LYING ON THE WEST LINE OF THE SAID 7.17 ACRE TRACT.
THENCE NORTH 01 DEGREES 08 MINUTES 34 SECONDS EAST , ALONG THE
COMMON LINE BETWEEN THE SAID 7.17 ACRE AND 2.575 ACRE TRACTS, PASSING
AT 648.30 FEET, A 5/8" IRON ROD SET IN CONCRETE, SAID POINT LYING ON THE
PROPOSED SOUTH RIGHT OF WAY OF EAST DOVE ROAD, SAID POINT LYING 42
FOOT SOUTH OF THE EXISTING CENTERLINE OF EAST DOVE ROAD; IN ALL A
TOTAL DISTANCE OF 661.04 FEET TO A 5/8 INCH IRON ROD LYING IN THE
CURRENT SOUTH RIGHT OF WAY OF EAST DOVE ROAD AT THE NORTHWEST
CORNER OF THE SAID 7.17 ACRE TRACT, SAID POINT ALSO BEING THE
NORTHEAST CORNER OF THE SAID POKLADNIK 2.575 ACRE TRACT FROM WHICH
A FOUND 1 /2 INCH IRON ROD BEARS NORTH 89 DEGREES 21 MINUTES 17 SECONDS
WEST, 199.93 FEET;
THENCE SOUTH 89 DEGREES 52 MINUTES 53 SECONDS EAST, ALONG THE NORTH
LINE OF THE SAID 7.17 ACRE TRACT AND ALONG THE EXISTING SOUTH RIGHT OF
LINE OF EAST DOVE ROAD , A DISTANCE OF 263.96 FEET TO THE POINT OF
BEGINNING AND CONTAINING 13.068 ACRES OR 569,263 SQUARE FEET OF LAND,
MORE OR LESS.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT, WE, KEVIN RHODES, CART C. RHODES AND SONJA CALLICOT, BEING ALL
OF THE OWNERS DO HEREBY ADOPT THIS PLAT DESIGNATING THE
HEREINABOVE DESCRIBED TRACT AS CALLICOTT/RHODES FARMS, AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND DO HEREBY
DEDICATE THE RIGHTS OF WAY AND EASEMENTS SHOWN THEREON TO THE
PUBLICS USE UNLESS OTHERWISE NOTED.
WITNESS OUR HANDS AT SOUTHLAKE, TARRANT COUNTY, TEXAS THIS -----
DAY OF ---------------- 1997.
KEVIN RHODES
CARI C. RHODES
------------
SONJA CALLICOTT
€STATE OF TEXAS(
€COUNTY OF TARRANT)
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED KEVIN RHODES, CARI C. RHODES AND SONJA CALLICOTT KNOW TO
ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE ABOVE AND
FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED
THE SAME FOR THE PURPOSES AND CONSIDERATION EXPRESSED AND IN THE
CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE -------- DAY OF
------------• 1997.
(SEAL)
NOTARY PUBLIC
COMMISSION EXPIRES
GENERAL NOTES:
ALL BEARINGS SHOWN ON THIS PLAT ARE REFERENCED
TO THE BEARING OF THE WEST LINE OF BLOCK 1 OF
STEWARD ADDITION AS SHOWN ON A PLAT RECORDED
IN VOLUME 388-159, PAGE 40, D.R.T.C.T. WITH A
00' 00' 05" COUNTER CLOCKWISE ADJUSTMENT.
DISTANCES SHOWN IN PARENTHESIS ARE FROM DEED CALLS.
ALL DATA SHOWN NORTH OF DOVE ROAD IS TAKEN FROM
RECORD DATA AND IS TO BE USED FOR INFORMATIONAL
PURPOSES ONLY. THE SURVEYOR DID NOT FIELD LOCATE
PROPERTY LINES NORTH OF DOVE ROAD.
"T SITE
LOCATION MAP
PRELIMINARY PLAT
LOTS 1 & 2, BLOCK 1
CALLICOTT/RHODES FARMS
AN ADDITION TO THE
CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS
8.090 ACRES OUT OF THE L.H. CHIVERS SURVEY, ABSTRACT 300
JANUARY 1997 / 2 LOTS
OWNERS/DEVELOPERS:
KEVIN RHODES,
CARI C. RHODES &
©©gy�pp SONJA CALLICOTT
t�t.VD JN 14 1997 435 AD
SOUTHLAKET R0 TEXAS
6092
PHONE: 817— 481-8997
SURVEYOR:
FORSHEY CONSULTING
SERVICES, INC.
1309 TRINITY DRIVE
BENBROOK, TEXAS 76126
PH. /FAX: 817— 249— 4056
CASE NO. ZA 95-154
� Site D
a to eummar
xtat_in_g ion. _ i+ - "AW
nosed Zoni�na� - "S-P-1" with varied "C-2" uses
pe nation - "Medium Density Residential"
Area of Open Space Ca pprox.--64 15$ 6.0
Fercentacte of open Space (approx. 6LWO
Estimated start of construction March 1, ISS6
Estimated finish of construction Dec. 31, ISS6.
Maximum 5ldg. Height - 2o! (A.CT L, AIRCV I&)
Maximum No. of children - v
Required Parktnq - 3f o 041LORN 5 tw/cl+il.D 12 �ce5
f rovided _PA no - Standard, Handicap, Total
Col 5
Rectut red Loading spaces - 2 Od x 5d)
Provided Loadingg Spaces - 2
Owners: Rea ltex ventures, inc.
1s25 Wimbledon Drive
Arlington, Texas 16011
(811) 184-994i Fax: (811) 466-9521
Contact: Mr. Jim Milie
Qb1t,ect_ Gary Wood Architect
S06 E. Abram Street
Ar l ing ton, Texas -16010
(611) 184-9941 Fax: (811) 466-13521
Contact: Mr. Gary Wood
totAL l I ARC _ 3. 201 AC4ZO) 139 , rp83 5F
i
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5uFfer-yard Calculations
"ML4XV CSART - II " LANW"11
It &W or
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L aofltin3llpe Aga
( . �)
% of No is
8�1iOt et oriels
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Q+otmd Cover
(Sq. FQ
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73l4
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lt'gS
>�,►ided
*Ncffe any cfiedie per sec+tioes 3.34e geed in cakmiodaw
a
Olitier Caffemtefo>bt:
1.
.BEING o treat of tend wA of the R. J. Paden Survey. A-1255. in the City of SouB**A. Tarrant .
County. Texas, and deseribed by mates and bounds as follows:
9EGtNNr1G at an iron red found et the northeast comer of Lot 1, Block i , Carroll W19h
School Addition, on addition to the City of Carroll, Torrant County, Texas, according to the plot
recorded in Cabinet A. Slide No. 1460. Plot Records of Torrent County, Texas, said iron Ong
in the south line of Soulhicks Bou Woord (F.M. I IM) and also txa►ing in the common property
fine between the Stone and Pine" tracts, according to the Boundary Agreement recorded ill+
Volume 9267. Page 19". Deed %cords of To►ront County, Texas;
THENCE N SW 27' 10* E with the south line of Southl0k4 Baufsvord (F.M. 1709). 125.61 feet
to an iron rod eat for comer;
THENCE S O 01' Nr £ $08.33 feet to on iron rod set in the west tine of Stone Lakes - Phase
One, an addition to the Cily of Southlake, Torrent County, Texas. occordsng to the plot recorded
in Cabinet A. SE& No. 915 and 916, Plot Records of Torrent County. Texas;
THENCE S 8V 33' Sir w with the west tine of Stone Loft" - Phase One. 125.67 feet to an
iron rod found in the east line of Lot 1. Block 1. Carroll High School Addition. sold iron being
in the common line of the Steno and Pinson tracts, according to the said Boundary Agreement -
wad the agreed west iiwe of the Pinson tract;
N q 01, lie ill with the east Sane of Carroll Nigh School Addition 608.09 feet to the
Plan of Beginning, toMeinin9 1.754 ocres (76.412) squors feet of lwd.
_�fNG a trait of . I" out of the R. J. Paden Survey. A-1255, in the City of Southioke, Tarrant
County. Texas, and described by metes and bounds as follows:
BEGINNING at an iron rod found at the most northerly northwest corner of Stone Latices - Phase
Dne, an addition to the City of Southloke. Torrent County, Texas, according to the plot recorded
in Cabinet A. Slide No. 915 and 916, Plot Records of Torrent County. Texas, said iron being
in the south fins of Souf4ake Bouterard (F.M. 1709);
THENCE S a 01' 39' E with the wee fine of Stone Lakes - Phase One. 608.53 feet to an iron
rod found for corner.
THENCE S 89' 33' ' 557 w with the woo tine of Stone Latices - Phase One. 103.99 feet to on
iron rod se for corner;
THENCE N 9 01' 34f' w 608.33 foot to an iron rod set in the south line of Southloke
sou lftwd (P.M. 1709) for corner.
THENCE N d9' 27' 1i' E with the south line of Southloke Boulevord (F.M. 1709) t03.99 feet
to the Plece of Hip. codling 1.453 ones (63.271 spuare feet) of land.
to -Awn, eKT~ ruce of- mw#J& Ago
MAWEYK !r7o As 001' To AWMW A1"fr- r A2UCISRfi
ftmonezP.
2. Mr-p L5g 1 rf 6tM le i O&5SKf
WITO r0.*A%9L& d55 " 14-VA-T 5 Kt TAN
t�. A rem tl' mw taw a Nemu w rag. c112f q
5rtctfw [ohs
�O1 AC M::P N Tit I�', f.4 a�i��/ .� -125a�
�'!�S►�+6
t,f
TR i05
zoned C-3
Lot 1, Block 6
Southridge Lakes
Genera I Commercia I Genera i Commercia I Womeowrler6 Associations
Mixed Use Mixed Use Zoned C-3
RTC IrtG
Lot 2, Siock 6
Zoned C-3
Medium Density Residential
Approx. 1468' to peytonvllle ave.
6' wigh wrought iron fence
(per zoning ordinance) —
00
a A I
6' Nigh vinyl clad
chain link fence along
West property line.
Trash duster w/
a, high masorlary
screen wall
CARROLL NIGH SCHOOL
Zoned SPl (4W-34)
Detailed Site Plan
Public / Semf-Public
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SCALE: 1 = Sou thick*, Texas 14 OCT 96 NZWV
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SOUTNLAKE BLVD. (F.M. 1109)
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I 1154 *c, 1.453 Ac.
J. WN rt A - 12
40' Lino
�- t
ions 1 20' rfer-yard
Approx. 200' to Waterford Drive.
t Southridge Lake Pkwy R.O.W.
Lot i, Block 1
Southlake Properties J.V.
PUD No. 3 Stone Lakes
4W-33
10'x'✓' V' Loading
Zone
Existing
V f-tigh wood screening
fennce along east property
f line
Lot 2, Block 1
Southlake Properties J.V.
PUD No. 3 Stone Lakes
480-33
SOS 33' 55 W 22%66' i=rioting 8' high wood
screening fence along
south property Brie
Lot 10, Block 1
Daniel George
PUD No. 3 :Stone Lakes
480-33
Lot S, Block 1
Douglas t-* h Fr
PUD No. 3 Stone Lakes
4W-33
Lot 3, Block 1
John A. Hudson
PUD No. 3 Stone Lakes
480-33
Lot 4, Block 1
William Nariese
PUD No. 3 Stone Lakes
480-33