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2001-08-21 CC Packet
1 Mayor: Rick Stacy Mayor Pro Tem: W. Ralph Evans Deputy Mayor Pro Tern Patsy DuPre Councilmembers Rex Potter Keith Shankland Greg Standerter Tom Stephen City Manager: Billy Campbell Assistant City Manager: Shana Yelverton City Secretary: Sandra LeGrand a City of Southlake August 15, 2001 Honorable Mayor Stacy and Members of City Council City of Southlake 1725 East Southlake Boulevard Southlake, Texas 76092 Dear Mayor and Members of City Council: AUG 15 2001 OFFICE OF CITY SECRETARY In accordance with the Texas Local Government Code and the Charter of the City of Southlake, the proposed Annual Budget for the fiscal year beginning October 1, 2001 and ending September 30, 2002 is submitted for your consideration. The budget, as filed with the City Secretary, presents in summary form the revenues and expenditures for each of the City's funds. Also included is a schedule of new requests, unfunded needs, as well as a Capital Projects Summary. We will begin to discuss the budget and its details with the City Council at work sessions scheduled for August 28, 2001 and will formally present the budget for consideration during regular Council meetings in September. The proposed budget incorporates a tax rate of $.4220 per $100.00 property valuation, which holds the tax rate steady from the previous year's budget. This will mark the eleventh consecutive year with no tax rate increase. The FY01-02 proposed budget reflects a total taxable value of $2,999,675,936, an increase of $405,981,529 (15.65%) over the final 2000 taxable value. The 2001 taxable value reflects $262,318,252 in new construction since last year. Of the budget tax rate of $.4220 per $100 valuation, $.29958 (71.0%) is for general operations and $.12242 (29.0%) is for debt service. State law requires a taxing unit to calculate two rates after receiving its certified appraisal roll -- the effective tax rate and the rollback tax rate. The effective tax rate is the rate that will generate the same amount of property tax dollars as the previous year, excluding new construction and annexations, when the two years are compared. Depending on the ultimate tax rate that is chosen by the City and its relationship to the effective tax rate, there are requirements that must be followed to comply with the law. These requirements protect the public's right -to -know concerning tax rate decisions. 1400 Main Street Southlake, Texas 76092 (817) 481-1653 FAX (817) 481-1463 "AN EQUAL OPPORTUNITY EMPLOYER" Honorable Mayor and Members of City Council August 15, 2001 Page 2 The calculated effective tax rate of $.399528 for the 2001 tax year is down from the $.399710 rate from last year. This is due to a higher increase in existing property values over the previous year. The rollback rate is $.399739 comprised of $.103647 for debt service and $.296092 for maintenance and operations. Truth -in -taxation laws permit a taxing unit to establish a debt tax rate sufficient to cover debt payments. For FY01-02, the City intends to utilize accumulated funds in the Debt Service Fund to pay a portion of the debt due in that year. Therefore, the debt tax rate is decreasing to $.12242 for FY01-02 from $.13242, the debt tax rate for FY00-01. The balance of the $.422 proposed tax rate, or $.29958, was assigned to the General Fund. In June 1998 a multi -year financial plan was completed that targeted 60% (.2532) of the tax rate for maintenance and operations and 40% (.1688) for debt service, with the distribution varying from year to year depending on the actual assessed property values and debt service amounts. The proposed FY01-02 Annual Budget presents in financial terms the plan for the accomplishment of municipal objectives during the forthcoming fiscal year. The budget preparation requires a comparison of the anticipated revenues with proposed programs, and establishing priorities are based on service demands or prior commitments to projects. FUND SUMMARIES In all operating funds, the proposed FY01-02 Annual Budget projects expenditures of $40,206,095. These expenditures are accounted for in eight separate funds: General Fund, General Obligation Debt Service Fund, Utility Fund, Special Revenue - Parks/Recreation Fund, Southlake Parks Development Corporation (SPDC) Operating Fund, SPDC Debt Service Fund, Crime Control and Prevention District (CCPD) Operating Fund, and the Tax Increment Financing District (TIF) Operating Fund. In addition, the City Council will consider a Capital Projects Budget, separate from the operating budget, which will provide funding for the City's major capital projects. Revenues for this fund are available from a variety of sources, such as operating fund transfers, from the issuance of bonds, or from developer contributions and impact fees. The funds may be used for capital improvements, primarily for streets, drainage, water and wastewater improvements, parks, and to purchase land and construct facilities. Actual construction of capital projects may overlap fiscal years, therefore a five-year Capital Projects Program Summary, included as a part of the FY01-02 Annual Budget, highlights the major projects to be considered by the Council. The Southlake Crime Control and Prevention District also has a five-year capital projects plan, which will be incorporated as a part of the final adopted budget. Honorable Mayor and Members of City Council August 15, 2001 Page 3 General Fund Summary The General Fund supports all municipal operations with the exception of water and wastewater utility operations and the operations of the SPDC, TIF and CCPD. Revenues The proposed FY01-02 Annual Budget projects $18,663,269 in General Fund revenues, which is an increase of $2,173,583 or 13.2% from the FY00-01 Adopted Budget. The largest single revenue source in the proposed budget is the ad valorem (property) tax. The budget as proposed will provide $8,750,812 ad valorem tax for the General Fund maintenance and operations budget, an estimated increase of $1,124,639 or 14.7% from the FY00-01 Adopted Budget. The increase is due to the increase in property values from last year as well as new construction additions of $262,318,252. The second largest General Fund revenue source projected in the FY01-02 budget is the municipal sales tax. Over the past several years, the City has experienced double digit growth in sales tax receipts. Based upon current collections it is anticipated that the sales tax revenue for the 00-01 fiscal year will be at an estimated $4,540,000. For FY01-02, staff is projecting collections at $5,215,000. This is an anticipated increase of approximately 15.0% over the FY00-01 revised estimates, due to continued retail expansion in the City. The estimate is conservative based upon the unknown sales tax revenues generated by the new retail sites in the City. Another large revenue source in the proposed budget is derived from the municipal permits and fees charged for various development activities, such as fees for zoning, platting and building permits. The proposed budget projects revenues of $1,184,200 from this source in FY01-02. This represents a decrease of $528,355 or —30.9% over the projection included in the FY00-01 Adopted Budget. The City is projecting that 250 single family residential building permits will be issued, as opposed to the estimate of 360 residential permits for FY00-01. Anticipated revenues from commercial permits are expected to drop as commercial activity levels off. Projected revenues for platting, public works inspections and engineering plan reviews have also flattened out or decreased due primarily to the decrease in the number of residential permits issued and commercial subdivisions utilizing developers credits with the City. The proposed budget does not reflect any fee increases. The other major revenue sources for the General Fund are franchise fees ($1,484,063) from the private utility companies operating in the City, and municipal fines ($906,500). Franchise fees are expected to increase Honorable Mayor and Members of City Council August 15, 2001 Page 4 $336,147 or 29.3% from the FY00-01 Adopted Budget, while revenues from fines are expected to increase $52,745 by 6.2%. Charges for services are estimated at $685,812, which is an increase of $110,192 or 19.1 % over the FY00-01 Adopted Budget. This is largely due to the estimated increase in recreation class fees by $150,000. This category of revenue also includes interlocal contributions for the joint Teen Court program ($57,012) and grant funds for the community oriented policing services and D.A.R.E. ($30,000). Miscellaneous income is projected at $236,882, a decrease of $19,220 or -7.5% over last year's adopted budget. The proposed budget reflects $200,000 in interest earnings. Expenditures The proposed General Fund budget estimates $19,188,089 in expenditures to accomplish municipal objectives. The proposed expenditures represent an increase of $2,414,642 or 14.4% over the current year budget. In an effort to minimize expenditures in the coming budget year, all Departments have made an effort to keep departmental expenditures down as much as possible without reducing services to the citizens of Southlake. Remember that the adopted budget for FY00-01 included a very minimal amount for capital items and every department reduced their budgets. Among many things, the reductions included not filling vacant personnel positions, reducing travel and tuition costs, forgoing capital requests, and delaying the opening of the DPS west site. Also included in the expenditure reduction was the change in funding health insurance premiums for both HMO and PPO participants to just HMO participants. The use of pagers and mobile phones were also reviewed and the numbers for each was significantly reduced. The budget for FY01-02 includes budgeting for the vacant and unfilled positions, necessary capital items, and new personnel positions for DPS, Parks, and Human Resources. Personnel/Expenditure Highlights The proposed General Fund includes funding for personnel and operations for the new DPS west facility, which is scheduled to open in FY01-02. The budget also includes funding for the new library in Town Hall, which is also slated to open in FY01-02. Also budgeted is an increase in staffing in Parks and Recreation due to the increase in park land and tennis center staffing. Honorable Mayor and Members of City Council August 15, 2001 Page 5 Personnel Highlights $404,919 9 Firefighters/Paramedics $153,927 3 Driver/Engineers $ 36,827 Field Services Officer $226,720 5 Patrol Officers $118,156 2 Public Safety Officers $ 33,345 Human Resources Secretary $ 42,217 Park Maintenance Supervisor $ 27,119 Park Maintenance Worker $ 33,285 Recreation Specialist $ 39,490 Tennis Center Supervisor $ 61,296 6 Tennis Recreation Aides Other Expenditure Highlights $114,400 Tennis Pro Retainer/Contract Instructors $ 30,000 Library collection items $ 39,935 Portable & mobile radio replacement $ 56,840 PSO Vehicle $ 18,000 Autocite citation system $ 58,000 Replacement desktop computers $ 29,000 Replacement laptop computers $820,163 Vehicle Replacement Fund Fend RalancP The proposed budget reflects a decrease in the undesignated Fund Balance, with a projected beginning balance of $4,714,267 (27.68% balance) and an ending balance at an estimated $3,069,284. The estimated ending Fund Balance represents 16.00% of estimated expenditures, within the 15% minimum but less than the 25% established by the City Council as the maximum target level in the City's Fund Balance Policy. The proposed level is sufficient to ensure the fund's financial integrity. The Departments have cut into new program requests in order to meet all of the objectives for the coming budget year such as maintaining the tax rate for another year. Tax Rate The proposed budget reflects a proposed tax rate of $.4220 per $100 valuation, of which $.29958 is for general operations and maintenance and $.12242 is for debt service. Honorable Mayor and Members of City Council August 15, 2001 Page 6 Debt Service Fund This fund accumulates ad valorem tax dollars to pay for the annual portion of tax supported debt outstanding. Revenues are estimated at $3,594,841, with $3,554,841 from ad valorem taxes and $40,000 in interest income. Transfers into the fund are budgeted at $3,072,582, with $818,866 from the TIF Fund for the bonds issued on its behalf and $2,253,715 from the Crime Control Fund for repayment of the bonds issued on its behalf. Total expenditures are $6,189,667 for annual principal, interest and related administrative expenditures. Utility Fund The Utility Fund revenues are projected at $11,714,350 for an increase of $1,408,200 or 13.7% in the proposed budget compared with the adopted FY00-01 budget. Expenses are projected at $12,703,612 for an increase of $875,454 or 7.4% over the FY00-01 Adopted Budget. The proposed budget does not include any increase in water or sewer rates. The proposed budget includes an estimated $226,520 in new requests which is all capital equipment necessary for service delivery. Special Revenue Fund - Parks and Recreation The proposed budget includes the special revenue fund to account for revenues and expenditures dedicated for park use. These funds are derived from the Park Dedication Fees charged to new development. The proposed budget reflects revenues of $100,000 in park dedication fees from developers, and $5,600 in interest income for total revenues of $105,600. The proposed budget anticipates a beginning fund balance of $276,023. There are no expenditures budgeted for this fiscal year. Southlake Parks Development Corporation The SPDC is projected to receive $2,297,320 in sales tax revenue and $50,000 in interest earnings. Expenditures are projected at $356,609 for the Parks Project Planning Superintendent, four park maintenance workers, two crew leaders, and four temporary park maintenance workers. SPDC debt service for FY01-02 is projected at $1,508,640. This year there is no budgeted transfer of any residual fund balance from the SPDC Operating Fund to the SPDC Capital Projects Fund. Honorable Mayor and Members of City Council August 15, 2001 Page 7 Crime Control and Prevention District The Crime Control and Prevention District Fund was created in November 1997, with oversight of funds assigned to a seven member Board and approval by the City Council. The additional % cent sales tax collection to fund the District began in April 1998, with the first sales tax allocation check received in June 1998. The enabling legislation for this sales tax places a 5 year limitation on collections, unless voters approve an extension at the end of the 5 year period. For FY01-02, $2,214,268 is anticipated in sales tax collections. Total expenditures are estimated at $259,478, which includes funding for two School Resources Officers and related equipment, as well as funding for the second year payment of a five year lease on an 800 mhz radio system. Expenditures related to the purchase of land and construction of new DPS facilities are to be funded through the Crime Control and Prevention District and are to be included in the CIP plan of the City. It is anticipated that capital projects will be accomplished via short-term borrowing approved by the City Council, which, in turn, will be reimbursed by the Crime Control District sales tax. Budgeted for FY01-02 is a transfer to the Debt Service Fund for repayment of these obligations in the amount of $2,253,715. Tax Increment Financing District The Tax Increment Reinvestment Zone (TIRZ), or TIF District was created during FY97-98, with an effective beginning date of January 1, 1998 to encourage quality commercial development in the City. Incremental values subsequent to January 1997 are taxed at the City's tax rate of $.422 per $100 of assessed value, however 100% of the ad valorem revenues are utilized within the District, rather than being allocated to the City's overall budget. Overlapping taxing entities, including Tarrant County, Tarrant County College District, Tarrant County Hospital District, and the Carroll Independent School District have agreed to participate at varying levels in the TIF District by assigning their ad valorem tax dollars as well. An amended project plan was approved by the 12-member Board and the City Council in August 1999. The incremental values for the TIF zone have been received. The incremental value assigned to the TIF zone for 2001 is $61,612,821, which is an increase of $10,589,501 over the valuation for 2000. This translates into anticipated revenues for the TIF fund of $639,088 for FY01-02. Billing for the 2000 incremental valuation was sent out in April 2000 and all required contributions have been collected for FY00-01 in the amount of $529,129. There are no operations expenditures budgeted for FY01-02. A transfer out Honorable Mayor and Members of City Council August 15, 2001 Page 8 to the debt service fund in the amount of $818,866 is budgeted to fund the debt repayment for bonds issued for TIF projects UNFUNDED NEEDS This proposed budget does not provide for all of the City's needs for FY01- 02. Many of the new requests by departments have gone unfunded in order to meet the financial needs of the city in the coming budget year. Regardless of this, the City staff will continue to provide service to our citizens to the best of our abilities with what we are provided. SUMMARY AND CONCLUSION The proposed budget represents progress toward a proactive approach to the operation of the City of Southlake. The scheduled capital improvements and equipment purchases provide the framework for addressing the service needs of the community. City staff will continue to review and evaluate internal operations for opportunities to become more effective and efficient in the coming year. Planning for anticipated growth and improvement of municipal service delivery drives the budget process. Attachments PROPOSED BUDGET 2001-02 TABLE OF CONTENTS Page All Funds Summary, By Division 1-2 General Fund Summary 3 Debt Service Fund Summary 4 Utility Fund Summary 5 Special Revenue Fund Summary 6 SPDC Operating Fund Summary 7 SPDC Debt Service Fund Summary 8 Crime Control District Fund Summary 9 TIF Operating Fund Summary 10 All Funds Summary 11 All Funds Summary, Expenditures, By Fund/Category 12-13 All Funds Summary, Expenditures, By Fund/Division/Category 14-18 Schedule of New Requests 19-21 Schedule of Unfunded Needs 22-23 Capital Projects Summary 24-27 REVENUES Ad Valorem Taxes Sales Tax Franchise Fees Fines Charges for Services Permits/Fees Miscellaneous Water Sales -residential Water Sales-commerbal Wastewater Sales Sanitation Sales Other Utility Charges TIF District Interest Income Total Revenues EXPENDITURES City Secretary Human Resources City Manager Support Services General Gov Total Finance Municipal Court Teen Court Finance Total Fire Police Public Safety Support Building Inspections Public Safety Total Streets/Drainage Public Works Admin Utility Billing Water Wastewater Sanitation Public Works Total Planning Planning Total Economic Development Economic Dev. Total Community Services Parks and Recreation Library Services Community Svcs. Total ALL FUNDS SUMMARY 2001-02 Proposed Budget and 2000-01 Revised Budget 02:46 PM 1999-00 Actual 2000-01 Adopted 2000-01 Amended $ Increase/ (Decrease) 4 Adopted ° /° increase/ -Decrease 2001-02 Proposed $ Increase/ (Decrease) Adopted ° /o Increase/ -Decrease $9,332,835 $11,007,128 $10,755�128. ($252,000) -2.3% $12,305,654', $1,298,526 11.8% 7,302,231 8,040,685 8,463,120 f 422,435 5 3% 9,726,588 1,685,903 21.0% 1,295,377 1,147,916 1,385,602 237.686 20.7% 1,484,063 336,147 29.3% 882,066 853,755 890,533,' 36,778 4.3% 906,500'. 52,745 6.2% 630,994 575,620 603,800 28,180 4.9% 685,812 110,192 19.1 % 2,680,939 1,812,555 1,654,387 (158,168) -8.7% 1,284,200: (528,355) -29.1% 473,909 294,502 - 244,202'.: (50,300) -17.1% 261,982: (32,520) -11.0% 7,549,780 6,500,000 7,500,000': 1,000,000 15.4% 7,500,000, 1,000,000 15.4% 1,131,697 1,100,000 1,290,006° 190,000 17.3% 1,450,000< 350,000 31.8% 1,370,030 1,320,000 1,320,000' 0 0.0% 1,400,000 80,000 6.1% 759,952 850,000 850,000 • 0 0.0% 888,000 38,000 4.5% 470,211 372,750 - 374,750' 2,000 0.5% 301,250 < (71,500) -19.2% 731,789 524,065 1,257,402 733,337 139.9% 639,088,. 115,023 21.9% 821,938 428,100 453,100 ` 25,000 5.8% 465.600 37.5 8.8% 35 433 748 $34,827,075 $37,042,023' 2 214 948 6.4% $39,298,736 $4,471,661 12.8% $285,591 $332,524 $332,524? $0 0.0% $352,000 $19,476 5.9% 244,667 203,331 248,801 45,470 22.4% 286,757 83,426 41.0% 369,485 374,587 385,7111 11,124 3.0% 401,268" 26,681 7.1% 2,507,854 2,349,366 2,535,191 " 185,825 7.9% 2,309.100' 4( 0,266) -1.7% $3,407,596 $3,259,808 $3,602,227 $242,419 7.4% $3,349,125 $89.317 2.7 % 468,629 472,595 459,286 (13,309) -2.8% 517,246" 44,652 9.4% 338,324 320,103 368,303. 48,200 15.1% 357,597' 37,494 11.7% 76,988 84,597 84.597 0 0.0% 88,211 3,614 4.3% 883 941 $877,295 $912,186 $34,891 4.0% $963,054 $85,759 9.8 % 1,872,628 1,960,406 1,960,405' (1) 0.0% 2,779,355' 818,949 41.8% 3,814,076 4,062,567 4,165,648 103,081 2.5% 4,522,556 459,988 11.3% 950,623 1,004,913 1,010,855 5,942 0.6% 1,122,11M 117,910 11.7% 844,627 988.289 981,034 (7,255) -0.7% = 1.033.830` 45.541 4.6% 7 481 9 $8,016,175 S8,1117,942 11011,767 1.3 % $9,458,563 $1,442,388 18.0% 889,709 1,009,828 926,166'': (83,662) -8.3% 1,068;823' 58,995 5.8% 688,503 619,246 632,612' 13,366 2.2% 804,576 185,329 29.9% 263,736 265,321 260,187t (5,134) -1.9% 296,386: 31,065 11.7% 6,015,522 5,285,801 5,204,725': (81,076) -1.5% 5,559,258' 273,457 5.2% 872,839 1,024,186 1,022,564 (1,622) -0.2% 1,072,079 47,893 4.7% 549,937 624,000 575.O1>0) 4( 9,000) -7.9% 580,800 (43,200) -6.9% $9,280,247 $8.828,383 8 621 254' 207 129 -2.3 % $9,381,922' 653 539 6.3 508,719 575,158 524,746; 5( 0,412) -8.8% 531,203 (43,955) -7.6% 508 719 $575,158 $524,746 ' 50 412 -8.8% $531,203 , 43 955 -7.6 % 227,708 264,120 265,762P 1642 0.6% 293,875 29,755 11.3% 227 708 $264,120 $265,762' 1 642 0.6% $293,875' 29 755 11.3% 454,583 483,755 459,559" (24,196) -5.0% 514,375 30,621 6.3% 1,607,649 1,632,875 1,729,115'. 96,240 5.9% 2,148,172' 515,298 31.6% 104,803 339,401 267,809: 7( 1,592) 21.1% 4 22.932< 73,531 21.7% 2167 334 $2,456, 331 £2456, 883 452 0.0% $3,075,480 619,449 25.2% Page 1 EXPENDITURES, Cont. TIF District Crime Control District Debt Service Total Expenditures Net Revenues Bond/Insurance Proceeds Transfers In Transfers Out Total Other Sources (Uses) Net change in w/c components Beginning Fund Balance Prior Period Adjustment Residual Equity Transfer Ending Fund Balance ALL FUNDS SUMMARY 2001-02 Proposed Budget and 2000-01 Revised Budget 02:46 PM WYiifil� $ Increase/ $ Increase/ 1999-00 2000-01 2000-01 (Decrease) % Increase/ 2001-02 (Decrease) % Increase/ Actual Adopted Amended._ Adopted -Decrease Proposed Adopted -Decrease 421,582 0 709,11011, 709,110 0.0% 0,: 0 0.0% 116,375 254,421 254,4213 0 0.0% 259,478 i 5,057 2.0 % 8,352.380 10,707,744 1L192,782 485,018 4.5% 12,893,396,'' 2,185,652 20.4% 32 847 537 $35,239.13 $36,556,893 $1,317,759 3.7% $40,206.095 4 966 962 14.1 % 2 586 211 412 058 485 130 % $897,189 907 359 $28,699 $0 $0] $0 $0„ $0 $4,902.834 $5,352,975 $5,418,635' $65,660 $6,880,107 $1,527,132 ($3,538,435) ($3,691.976) ($3.881,808', 189832 ($5,699.3841 ($2,007.408) $1,393,098 $1,660,999 Jt536,827i 124172 1180723 480276 $9,599,091 $12,879,470 $12,879,470 $14,901,429' $90,563 $0 $0 $0 i 4($ 9 677) L L §_0' LI 79. 770 $14. 228410 $1 9901.427' $15.174.792': Page 2 REVENUES Ad Valorem Taxes Sales Tax Franchise Taxes Fines Charges for Services Permits/Fees Miscellaneous Interest Income Total Revenues EXPENDITURES City Secretary Human Resources City Manager Support Services General Gov. Total Finance Municipal Court Teen Court Finance Total Fire Police Public Safety Support Building Inspections Public Safety Total Streets/Drainage Public Works Admin Public Works Total Planning Planning Total Economic Development Economic Dev. Total Community Services Parks and Recreation Library Services Community Svcs. Total Total Expenditures Net Revenues Bond/insurance Proceeds Transfers In Transfers Out Tobl Other Sou (Uses Beginning Fund Balance Residual Equity Transfer Ending Fund Balance Fund balance percentage GENERAL FUND 2001-02 Proposed Budget and 2000-01 Revised Budget 02:46 PM nan cm. $ Increase/ $ Increase/ 1999-00 2000-01 2000=01 (Decrease) % Increase/ 2001-02 (Decrease) % Increase/ Actual Adopted Amended '. Adopted -Decrease Pr606sed : Adopted -Decrease $6,429,612 $7,626,173 47,374,173' ($252,000) -3.3% $8,750,812 $1,124,639 14.7% 3,712,943 4,117,565 4,540,000" 422,435 10.3% 5,215,000' 1,097,435 26.7% 1,295,377 1,147,916 1,385,602 237,686 20.7% 1,484,063' 336,147 29.3% 882,066 853,755 890,533' 36,778 4.3% 906,SO 52,745 6.2% 630,994 575,620 603,SW 28,180 49% 685,812 110,192 19.1% 2,545,408 1,712,555 1,554,387': (158,168) -92% 1,184200i (528,355) -30.9% 385,205 256,102 220,102. (36,000) -14.1% 238;882' (19,220) -7.5% 309.404 200,000 200 000 0 0.0% 200,000 0 0.0% $16,191,009 $16,489,686 316,768,59T'' $278,911 1.7% -. $18,863,269 $2,173,583 13.2% $285,591 $332,524 1332,524' $0 0.0% $352,000' $19,476 5.9% 244,667 203,331 248;8011- 45,470 22.4% 286,757 83,426 41.0% 369,485 374,587 385.711 + 11,124 3 0% 401,;268' 26,681 7.1 % 2,607,854 2.349.366 �r 253. 5.191 185825 79% 2,309,100' 4( 0,266) -1.7% $3,407,596 $3,259,809 $3,502,227' 242419 7.4% $3,349.12 $89,317 2.7% 468,629 472,595 459,286 (13,309) -2.8% 517,246% 44,652 9.4% 338,324 320,103 368,303` 48,200 151% 357,597 37,494 11.7% 76988 84 597 - 84,597 -. 0 0.0% 88211 .. 3 614 4.3% 883 941 $877.295 912186 -; $34,891 4.0% $963,054 $85.759 9.8% 1,872,628 1,960,406 1,960,405 (1) 00% 2,779,355 818,949 41.8% 3,814,076 4,062,567 4,165,648 103,081 25% 4,522.556+ 459,988 11.3% 950,623 1,004,913 1,010,855' 5,942 06% 1,122,823 117,910 11.7% 844,627 988,289 981.034 (7,255) -07 % --: 1,033,830' 45 541 4.6% $7,481.954 $8,016,175 $8,117,942 $101,767 1.3% $9,458`,563-: $1,442,388 18.0% B89,709 1,009,828 926,166' (83,662) -83% 1,058,823 58,995 5.8% 688,503 619,246 632,612 13366 2.2% 804,576 185,329 29.9 % $1,578.212 $1,629,075 $1,558,778' 70297 -4.3% $1,873,398' 244324 15.0% 50B.719 575,158 524,746 (50,412) -88% 531,203' 4( 3,955) -7.6% 508 719 $575.168 :: 524 746 --_ 50 412 -8.8% $531,203 43 955 -7.6% 227,708 264120 265.762 1642 06% ': 293.875` 29755 11.3% 227 708 $264,120 $265,762 $1,642 0.6% $293,875 $29,755 11.3% 454,583 483.755 459,559 (24,196) -5.0% 514375' 30,621 6.3% 1,532,806 1,328,661 1,424,901 : 96,240 7 2% 1,791,563 462,903 34.8% 104,803 339,401 267,809 (71,592) -211% - 412932: 73531 21.7% $2,092,191 $2,151.81 $2,162,269 52 0.0% . " $2,718:871 $667.054 26.4% $16,180,323 $16,773,448 $17,033,910, $260,463 1.6% $19,188089' $2,414,642 14.4% 10 686 283 762 265 313 18 449 524 820 241 058 $28,699 $0 $0 $0 $0` 1,235,527 210,000 210,000f 0 0 $0 L $00 0 ($1.120i163) 1264226 21$ 0,000 21$ 0.000 L ($1.120163t $3,544,344 $4,769,579 $4,769,579' $4,714;267 ($49,677) $0 $0' $0 769 579 $4,695,818 $4,714,267 $3,069,284' 29.48%1 28.00 % 27.68% 16:00% Page 3 REVENUES Ad Valorem Taxes Miscellaneous Income Interest Income Total Revenues EXPENDITURES Principal Interest Admin. Expenses Total Expenditures Net Revenues Transfers In Transfer Out Total other Sourcest(uses) Beginning Fund Balance Ending Fund Balance DEBT SERVICE FUND 2001-02 Proposed Budget and 2000-01 Revised Budget 02:46 PM $ Increase/ $ Increase/ 1999-00 2000-01 2600-01 (Decrease) % Increase/ 2001=02 (Decrease) % Increase/ Actual Adopted Amended , Adopted -Decrease Proposed Adopted -Decrease $2,903,222 $3,380,955 $3,380,955% $0 0.0% $3,554,841„' $173,887 5.1% $20,057 $0 $0 ; $0 0.0% $0 $0 0.0% 100,402 40,000 40.000 0 0.0% 40.000 0 0.0% $3,023,681 $3,420,955 $3,420,966 $0 0.0% $3,594;841 $173,887 5.1% $1,737,002 $3,133,169 $3,133,1E $1,701,655 $1,917,203 $2,041,31 5 994 $8,000 8 0C $3,444,652 $5,058,372 $5,182,64 420 970 ($1,637,417) 1$1,761.69 1,111,980 2,163,454 2,163,45 0 0 1,111,980 2,163,454 2,163.45 $760,877 $1.451,887 $1.451,88 $1,451, 887 $1,977,923 $1,853.75 $0 0 0% '.' $3,906,94E 124,173 6.5% $21274,721 0 0.0% $8.00 $124,173 2.6% $6,189,667 124 173 1 1 2 694 82fi 3072,582 A 3,072,582 $773,777 24.7% 357,518 18.6% 0 0.0% $1,131,295 22.4% Page 4 REVENUES Miscellaneous Interest Income Water Sales -residential Water Sales -commercial Sewer Sales Sanitation Sales Other utility charges Total Revenues EXPENSES Debt Service Utility Billing Water Wastewater Sanitation Total Expenses Net Revenues Transfers In Transfers Out Total Other Sources (Uses) Net change in wlc components Beginning working capital Ending fund balance No. of days working capital UTILITY FUND 2001-02 Proposed Budget and 2000-01 Revised Budget 1999-00 2000-01 2000-01 Actual Adopted Amende $68,486 $38,400 $24,' 169,206 125,000 150,( 7,549,780 6,500,000 7,500,( 1,131,697 1,100,000 1,290,( 1,370,030 1,320,000 ' 1,3201( 759,952 850,000 850,( 470,211 372,750 37d $11,619,362 $10,306,160 $11,508 E 3,942,357 4,628,850 4,924;( 263,736 265,321 260,1 6,015,522 5,285,801 5,204;i 872,839 1,024,186 1,022,. 549,937 624,000 575`( $11,644,391 $11,828,158 $11,986,3 125 029 ($1,522,008) 77 fi $1.564,399 $1,960,999 $1;960,9 (785,527) (210,000) 2( 1M 778,872 1,750,999 1,750,9 739 815 L $2,752,460 $2,666,488 '. $2,666,4 $2,666,488 2 8$ 95.479 89 $3,939,6 1 84 02:46 PM Oa/15/n1 $ Increase/ (Decrease) Adopted % Increase/ -Decrease 2001-02 " Proposed ,' $ Increase/ (Decrease) Adopted % Increase/ -Decrease ($14,300) -37.2% $25,100 ($13,300) -34.6% 25,000 20.0% " 150,000 25,000 20.0% 1,000,000 15.4% -: 7,500,000 1,000,000 15.4% 190,000 17.3% 1,450.000 - 350,000 31.8% 0 0.0% 1,400,000 80,000 6.1% 0 0.0% 888,600 rr. 38,000 4.5% 2 000 0.5% 301,250 ` (71,500) -19.2% $1,202,700 11.7% $11,714,360 r $1,408,200 13.7% 295,185 6.4% 5,195,089 566,239 12.2% (5,134) -1.9% 296,386' 31,065 11.7% (81,076) -1.5% 5,559,258: 273,457 5.2% (1,622) -0.2% 1,072,079 47,893 4.7% (49,000) -7.9% 580,800 (43,200) -6.9% $168,363 1.3% $12,703.61 $876.454 7.4% 11,044,347 989 262 532 746 Page 5 REVENUES Permits/Fees Miscellaneous Interest Total Revenues EXPENDITURES Parks and Recreation Park Improvements Land Total Expenditures Net Revenues Bond proceeds Transfer to other funds Total Other Sources/(Uses) Beginning Fund Balance Ending Fund Balance SPECIAL REVENUE FUND Parks/Recreation 2001-02 Proposed Budget and 2000-01 Revised Budget 1999-00 Actual $135,531 161 5 719 $141,411 $0 0 0 $0 $141,411 $0 $0 $29,012 170 423 2000-01 I 2000-0- Adopted Amendc $100,000 $100 0 5 600 5' $105,600 $106 $0 0 0 $0 $105,600 $105,j $0 $0 $170,423 $170,+ $276,023 276'1 $ Increase/ (Decrease) %Increase/ Adopted -Decrease $0 0.0% 0 0.0% 0 0.0% $0 0.0% $0 0.0% 0 0.0% 0 0.0% $0 0.0% $0 02:46 PM $ Increase/ (Decrease) I % Increase/ Adopted -Decrease $0 0.0% 0 0.0% 0 0.0% $0 0.0% 0 0.0% 0 0.0% 0 0.0% $0 0.0% $0 Page 6 REVENUES Sales Tax Interest Total Revenues EXPENDITURES Personnel Operations Capital Total Expenditures Net Revenues Transfers Out Proceeds from C.O. sale Total Other Sources (Uses) Beginning Fund Balance Ending Fund Balance SPDC - OPERATING FUND Parks/Recreation 2001-02 Proposed Budget and 2000-01 Revised Budget 02:46 PM 1999-00 Actual 2000-01 Adopted 2000-01 Amended $ Increase/ (Decrease) Adopted % Increase/ -Decrease 2001-02 Proposed $ Increase/ (Decrease) Adopted %Increase/ Decrease $1,841,899 $1,997,670 $1,997,670 ; $0 0.0% $2,297,320 $299,650 15.0% 103,815 37,500 37.500" 0 0.0°h 50.00D 12,500 33.3% $1,945,714 $2,035,170 $2,035,170?. $0 0.0% $2,347,326 $299,650 14.7% $71,243 $300,614 $300,6114 $0 0.0% $353,009,i $52,395 17.4% $3,600 $3,600 $3,600 0 0.0% $3,600 p 0.0% 0 0.0% ., $0; 0 0.0% $74,843 $304,214 - $304,214 $0 0.0% $356,609. $62,395 17.2% $1,870,871 $1,730,956 $1,730,956' $0 $1,990,7111 $259,755 (1,490,928) (1,318,522) (1,384,182)' ($65,660) (1,506,640)' 0 0 0' 0; (1,490,928) (1,318,522) (1,384,182) (1,506,640) $749,626 $1,129,568 - $1,129,568' $1,476,342` 1 129 568 $1,542,002 $1,476,342 $1,960,413 , Page 7 REVENUES Interest Income Total Revenues EXPENDITURES Principal Interest Admin. Expenses Total Expenditures Net Revenues Proceeds from bond sale Transfers In Total Other Sources (Uses) Beginning Fund Balance Ending Fund Balance SPDC - DEBT SERVICE FUND Parks/Recreation 2001-02 Proposed Budget and 2000-01 Revised Budget 02:46 PM 1999-00 Actual 2000-01 Adopted 2000-01 "" Amended, = $ Increase/ (Decrease) Adopted % Increase/ -Decrease 2001-02 Proposed $ Increase/ (Decrease) Adopted % Increase/ -Decrease 12 464 $20,000 0 00©'_0 0.0% $20,000 $0 0.0% $12,464 $20,000 $20,000 $O 0.0% ;20,000 "' $O 0.0% $225,000 $355,000 $355,000,. $0 0.0% $370,000 $15,000 4.2% 739,015 663,522 729,1V' 65,660 9.9% 1,136,640- 473,118 71.3% 1 357 2 000 20010 0 0.0% 121000 0 0.0% $965,372 $1,020,522 $1,086,182 $65,660 6.4% $1,508,640 $488,118 47.80/ ($952,908) ($1,000,522) ($1,066,182)', $66,660 ($1,488,640)' $488,118 $0 $0 $o $0. 990928 $1,018,522 $1,084,182' 65,660 $1,506,640 $990,928 $1,018,522 $1,084,182, $1,506,640 $62,977 $100,997 $100,997 $118,997' 100 997 $118,997 $118,997' 136 997 „ Page 8 REVENUES Sales Tax Interest Income Total Revenues EXPENDITURES Personnel Operations Capital Total Expenditures Net Revenues Transfer out -Crime Control CIP Transfers Out -General Fund Total Other Sources (Uses) Beginning Fund Balance Ending Fund Balance CRIME CONTROL DISTRICT FUND 2001-02 Proposed Budget and 2000-01 Revised Budget 1999-00 Actual 2000-01 Adopted 2000-01 Amended $ Increase/ (Decrease) Adopted % Increase/ -Decrease $1,747,389 $1,925,450 $1,925,4$0; $0 0.0% 111300 L $1,925,450 1O. $1,925,450 d LO $0 0.0% 0.0% $1,858,689 $113,955 $126,610 $126,610 $0 0.0% $140 $127,811 $127,811 0 0.0% 2 280 $0 $0 0 0.0% $116,375 $264,421 $254,421 $0 0.0% $1,742,314 $1,671,029 $1,671,029i $0 ($150,000) $0 $0' top l,�:i�l 1r.al I aal 't l,a/'I:;I (1,031,050) (1,971,899) (1,9711 $1,655,431 $2,366,695 $2,366,( $2,366,695 $2,065,825 $2,065,F $ (2,253,71 ; (2,253,711 $2,065,82! 02:46 PM $ Increase/ (Decrease) % Increase/ Adopted -Decrease $288,818 15.0% LO 0.0% $288,818 15.0% $5,057 4.0% 0 0.0°% 0 0.0% $5,057 2.0% $283,761 Page 9 REVENUES Ad Valorem Interest Income Total Revenues EXPENDITURES Operations Total Expenditures Net Revenues Transfers Out -Debl Service Total Other Sources (Uses) Beginning Fund Balance Prior period adjustment Ending Fund Balance TIF OPERATING FUND 2001-02 Proposed Budget and 2000-01 Revised Budget 02:46 PM 1999-00 Actual 2000-01 Adopted 2000-01 Amended $ Increase/ (Decrease) Adopted % Increase/ -Decrease 2001-02' proposed $ Increase/ (Decrease) Adopted %Increase/ -Decrease $731,789 $524,065 1 $1,257,4021 $733,337 139.9% $63%088 $115,023 21.9% 9 629 L �_o 0.0% ;00 K0 0.0% $741,418 $524,066 $1,267,402'' $733,337 139.9% $639,088 $115,023 21.9% 21 582 $0 709 1 , 709,110 0.0% L0 0 0.0% $421,582 $0 $709,110+ $709,110 0.0% $0' $0 0.0% $319,836 $624,065 $548,292' $24,227 $639,088 $115,023 23( 0.930) 19( 1.555) 315 727`: 121 4,172) (818,866) ', ($627,311) (230,930) (191,555) (315.727) (124,172) (818,866); $44.364 $223,833 $223,833 $456,397" 90,563 0 0' 0 $223,833 $556,343 $456,397 $276.619 Page 10 Projected Revenues-FY01-02 Less: Projected Expenditures Total-Expenditures-FY01-02 C.O. Proceeds Net Transfers In (Out) Net Revenues Estimated Fund Balance/ Working Capital 9130101 Estimated Fund Balance/ Working Capital 9/30/02 PROPOSED BUDGET 2001-02 ALL FUNDS SUMMARY Special Revenue General Utility Debt Service Parks/ Fund Fund Fund Recreation $18,663,269 $11,714,350 $3,594,841 $105,600 $19,188,089 $12,703,612 $6,189,667 $0 $19,188,089 $12,703,612 $6,189,667 $0 $0 $0 $0 $0 ($1,120,163) $2.300,885 $3,072,582 ($1.644,983) $1,311,623 $477,756 $105,600 TIF Operating Crime Control Fund District Fund SPDC Funds Total $639,088 $2,214,268 $2,367,320 $39,298,736 $0 $259,478 $1,865,249 $40,206,095 $0 $259,478 $1,865,249 $40,206,095 $0 $0 $0 $0 ($818.866) ($2.253.715) L0 $1,180,723 179 778 298 926 502,071 $273,364 $4,714,267 $3,939,826 $1,853,750 $276,023 $456,397 $2,065,825 $1,595,339 $14,901,427 $3,069,284 $5,251,449 $2,331,506 $381,623 $276,619 $1,766,900 $2,097,410 $15,174,790 Page 11 FUND EXPENDITURE CATEGORY Personnel Operations Capital Outlay Debt Service PROPOSED BUDGET 2001-02 ALL FUNDS SUMMARY EXPENDITURES BY FUND/CATEGORY 2000-01 2000-01 2001-02 $Increase/ % Increase/ 1999-00 Adopted Amended Proposed (Decrease) -Decrease Actual Budget Budget Budget Adopted Adopted 11,962,146 13,137,310 13,024,205 14,888,876 1,751,566 10,603,412 10,815,470 11,544,320 11,841,556 1,026,086 1,956,262 535,410 837,693 631,468 96,058 8,377,937 10,705,744 11,190,762 12,891,396 2,185,652 GRAND TOTAL ALL FUNDS 32,899,757 35,193,934 36,596,980 40,253,295 5,059,362 13.3% 9.5% 17.9% 20.4% 14.4% Page 12 PROPOSED BUDGET 2001-02 ALL FUNDS SUMMARY EXPENDITURES BY FUND/CATEGORY 2000-01 2000-01 2001-02 $ Increase/ % Increase/ 1999-00 Adopted Amended Proposed (Decrease) -Decrease FUND Actual Budget Budget Budget Adopted Adopted General Fund Personnel 10,555,170 11,329,081 11,342,312 13,054,825 1,725,745 15.2% Operations 4,571,207 5,277,226 5,236,432 5,724,866 447,640 8.5% Capital Outlay 1,053,946 167,140 455,166 408,398 241,258 144.3% Total 16,180,323 16,773,447 17,033,910 19,188,089 2,414,642 14.4% Utility Fund Personnel 1,221,778 1,381,005 1,254,669 1,349,374 (31,631) -2.3% Operations 5,606,883 5,406,833 5,467,367 5,985,279 578,446 10.7% Capital Outlay 900,036 368,270 382,527 223,070 (145,200) -39.4% Debt Service 3,942,357 4,628,850 4,924,035 5,195,089 566,239 12.2% Total 11,671,054 11,784,958 12,028,598 12,752,812 967,854 8.2% Debt Service Fund Debt Service 3,444,652 5,058,372 5,182,545 6,189,667 1,131,295 22.4% Total 3,444,652 5,058,372 5,182,545 6,189,667 1,131,295 22.4% Special Revenue- Parks/Recreation Fund Operations 0 0 0 0 0 0.0% Capital Outlay 0 0 0 0 0 0.0% Total 0 0 0 0 0 0.0% TIF Fund Personnel 0 0 0 0 0 0.0% Operations 421,582 0 709,110 0 0 0.0% Total 421,582 0 709,110 0 0 0.0% Crime Control District Fund Personnel 113,955 126,610 126,610 131,667 5,057 4.0% Operations 140 127,811 127,811 127,811 0 0.0% Capital Outlay 2,280 0 0 0 0 0.0% Total 116,375 254,421 254,421 259,478 5,057 2.0% SPDC Fund Personnel 71,243 300,614 300,614 353,009 52,395 17.4% Operations 3,600 3,600 3,600 3,600 0 0.0% Debt Service 990,928 1,018,522 1,084,182 1,506,640 488,118 47.9% Total 1,065,771 1,322,736 1,388,396 1,863,249 540,513 40.9% GRAND TOTAL ALL FUNDS 32,899,757 35,193,934 36,596,980 40,253,295 5,059,362 14.4% Page 13 PROPOSED BUDGET 2001-02 ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 2000-01 2000-01 2001-02 $ Increase/ % Increase/ 1999-00 Adopted Amended Proposed (Decrease) -Decrease GENERAL FUND Actual Budget Budget Budget Adopted Adopted City Secretary/Mayor/Council Personnel 163,664 167,808 167,808 168,599 791 0.5% Operations 121,447 164,716 164,716 175,401 10,685 6.5% Capital Outlay 480 0 0 8,000 8,000 100.0% Total 285,591 332,524 332,524 352,000 19,476 5.9% Human Resources Personnel 143,521 161,570 167,670 213,054 51,484 31.9% Operations 98,019 41,761 80,501 73,703 31,942 76.5% Capital Outlay 3,127 0 630 0 0 0.0% Total 244,667 203,331 248,801 286,757 83,426 41.0% City Manager's Office Personnel 343,681 343,717 355,691 368,465 24,748 7.2% Operations 25,744 30,870 30,020 32,103 1,233 4.0% Capital Outlay 60 0 0 700 700 100.0% Total 369,485 374,587 385,711 401,268 26,681 7.1 % Support Services Personnel 332,481 419,064 433,542 384,000 (35,064) -8.4% Operations 1,650,515 1,919,802 1,898,638 1,789,810 (129,992) -6.8% Capital Outlay 524,858 10,500 203,011 135,290 124,790 1188.5% Total 2,507,854 2,349,366 2,535,191 2,309,100 (40,266) -1.7% Finance Personnel 327,069 327,701 314,937 354,061 26,361 8.0% Operations 139,292 144,894 144,349 163,185 18,291 12.6% Capital Outlay 2,269 0 0 0 0 0.0% Total 468,629 472,595 459,286 517,246 44,652 9.4% Municipal Court Personnel 229,598 195,499 237,499 230,197 34,698 17.7% Operations 108,219 124,604 129,604 127,400 2,796 2.2% Capital Outlay 506 0 1,200 0 0 0.0% Total 338,324 320,103 368,303 357,597 37,494 11.7% Teen Court Personnel 54,666 59,162 59,162 62,776 3,614 6.1% Operations 22,322 25,435 25,435 25,435 0 0.0% Capital Outlay 0 0 0 0 0 0.0% Total 76,988 84,597 84,597 88,211 3,614 4.3% Fire Services Personnel 1,566,362 1,649,165 1,649,164 2,368,834 719,669 43.6% Operations 239,087 311,241 311,241 401,485 90,244 29.0% Capital Outlay 67,179 0 0 9,036 9,036 100.0% Total 1,872,628 1,960,406 1,960,405 2,779,355 818,949 41.8% Page 14 PROPOSED BUDGET 2001-02 ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 2000-01 2000-01 2001-02 $ Increase/ % Increase/ 1999-00 Adopted Amended Proposed (Decrease) -Decrease GENERAL FUND Actual Budget Budget Budget Adopted Adopted Police Services Personnel 3,291,895 3,536,842 3,591,007 3,845,224 308,381 8.7% Operations 338,225 425,725 449,501 532,495 106,770 25.1% Capital Outlay 183,957 100,000 125,140 144,837 44,837 44.8% Total 3,814,076 4,062,567 4,165,648 4,522,556 459,988 11.3% Public Safety Support Personnel 826,723 878,345 886,807 904,656 26,311 3.0% Operations 115,487 126,568 124,048 162,232 35,664 28.2% Capital Outlay 8.414 0 0 55,935 55,935 100.0% Total 950,623 1,004,913 1,010,855 1,122,823 117,910 11.7% Building Inspection Personnel 735,108 896,670 906,414 931,791 35,121 3.9% Operations 60,565 91,619 74,620 102,039 10,420 11.4% Capital Outlay 48,954 0 0 0 0 0.0% Total 844,627 988,289 981,034 1,033,830 45,541 4.6% Streets/Drainage Personnel 399,734 519,286 463,733 544,499 25,213 4.9% Operations 361,380 461,302 437,843 503,724 42,422 9.2% Capital Outlay 128,594 29,240 24,590 20,600 (8,640) -29.5% Total 889,709 1,009,828 926,166 1,068,823 58,995 5.8% Public Works Administration Personnel 573,266 496,328 509,694 693,012 196,684 39.6% Operations 113,611 122,918 122,918 111,563 (11,355) -9.2% Capital Outlay 1,627 0 0 0 0 0.0% Total 688,503 619,246 632,612 804,576 185,329 29.9% Planning Personnel 457,509 504,298 463,636 467,938 (36,360) -7.2% Operations 49,814 70,860 61,110 62,765 (8,095) -11.4% Capital Outlay 1,397 0 0 500 500 100.0% Total 508,719 575,158 524,746 531,203 (43,955) -7.6% Economic Development Personnel 173,682 185,255 192,243 196,810 11,555 6.2% Operations 53,777 78,865 71,973 97,065 18,200 23.1% Capital Outlay 250 0 1,546 0 0 0.0% Total 227,708 264,120 265,762 293,875 29,755 11.3% Community Services Personnel 282,791 265,204 265,664 285,177 19,974 7.5% Operations 170,413 218,551 192,495 229,198 10,647 4.9% Capital Outlay 1,378 0 1,400 0 0 0.0% Total 454,583 483,755 459,559 514,375 30,621 6.3% Page 15 GENERALFUND Parks and Recreation Personnel Operations Capital Outlay Total Library Services Personnel Operations Capital Outlay Total TOTALGENERALFUND PROPOSED BUDGET 2001-02 ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 2000-01 2000-01 2001-02 $Increase/ % Increase/ 1999-00 Adopted Amended Proposed (Decrease) -Decrease Actual Budget Budget Budget Adopted Adopted 622,909 505,608 508,202 749,070 243,463 48.2% 829,145 823,053 846,450 1,038,993 215,940 26.2% 80,752 0 70,249 3,500 3,500 100.0% 1,532,806 1,328,661 1,424,901 1,791,563 462,903 34.8% 30,512 217,559 169,439 286,662 69,103 31.8% 74,146 94,442 70,970 96,270 1,828 1.9% 144 27,400 27,400 30,000 2,600 9.5% 104,803 339,401 267,809 412,932 73,531 21.7% 16,180,323 16,773,447 17,033,910 19,188,089 2,414,642 14.4% Page 16 PROPOSED BUDGET 2001-02 ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 2000-01 2000-01 2001-02 $ Increase/ % Increase/ 1999-00 Adopted Amended Proposed (Decrease) -Decrease Actual Budget Budget Budget Adopted Adopted UTILITY FUND Utility Billing Personnel 204,405 191,786 187,784 202,443 10,657 5.6% Operations 44,621 73,535 72,100 91,073 17,538 23.8% Capital Outlay 14,710 0 303 2,870 2,870 100.0% Total 263,736 265,321 260,187 296,386 31,065 11.7% Water Utilities Personnel 775,672 883,715 800,523 831,732 (51,983) -5.9% Operations 4,613,536 4,236,066 4,209,228 4,565,826 329,760 7.8% Capital Outlay 626,314 166,020 194,974 161,700 (4,320) -2.6% Total 6,015,522 5,285,801 5,204,725 5,559,258 273,457 5.2% Wastewater Utilities Personnel 241,702 305,504 266,362 315,199 9,695 3.2% Operations 372,126 516,432 568,952 698,380 181,948 35.2% Capital Outlay 259,012 202,250 187,250 58,500 (143,750) -71.1% Total 872,839 1,024,186 1,022,564 1,072,079 47,893 4.7% Sanitation Operations 576,601 580,800 617,087 630,000 49,200 8.5% Total 576,601 580,800 617,087 630,000 49,200 8.5% Non -Departmentalized Debt Service 3,942,357 4,628,850 4,924,035 5,195,089 566,239 12.2% Total 3,942,357 4,628,850 4,924,035 5,195,089 566,239 12.2% TOTAL UTILITY FUND 11,671,054 11,784,958 12,028,598 12,752,812 967,854 8.2% DEBT SERVICE FUND Principal 1,737,002 3,133,169 3,133,169 3,906,946 773,777 24.7% Interest 1,701,655 1,917,203 2,041,376 2,274,721 357,518 18.6% Administrative Expenses 5,994 8,000 8,000 8,000 0 0.0% Total 3,444,652 5,058,372 5,182,545 6,189,667 1,131,295 22.4% SPECIAL REVENUE PARKS & RECREATION FUND Operations 0 0 0 0 0 0.0% Capital Outlay 0 0 0 0 0 0.0% Total 0 0 0 0 0 0.0% TIF FUND Operations 421,582 0 709,110 0 0 0.0% Total 421,582 0 709,110 0 0 0.0% Page 17 PROPOSED BUDGET 2001-02 ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 2000-01 2000-01 2001-02 $ Increase/ % Increase/ 1999-00 Adopted Amended Proposed (Decrease) -Decrease Actual Budget Budget Budget Adopted Adopted CRIME CONTROL DISTRICT FUND Personnel 113,955 126,610 126,610 131,667 5,057 4.0% Operations 140 127,811 127,811 127,811 0 0.0% Capital Outlay 2,280 0 0 0 0 0.0% Total 116,375 254,421 254,421 259,478 5,057 2.0% SPDC FUND Personnel 71,243 300,614 300,614 353,009 52,395 17.4% Operations & Maintenance 3,600 3,600 3,600 3,600 0 0.0% Capital Outlay 0 0 0 0 0 0.0% Debt Service 990,928 1,018,522 1,084,182 1,506,640 488,118 47.9% Total 1,065,771 1,322,736 1,388,396 1,863,249 540,513 40.9% GRAND TOTAL - ALL FUNDS 32,899,757 35,193,934 36,596,980 40,253,295 5,059,362 14.4% Page 18 DEPARTMENT/Division ITEM GENERALFUND SCHEDULE OF NEW REQUESTS FY2001-02 TOTAL AMOUNT PERSONNEL OPERATIONS CAPITAL 100-GENERAL GOVERNMENT 100-City Secretary/Mayor/ City Council 2, 4-drawer fire -proof lateral file cabinets 8,000 0 0 8 000 TOTAL 8,000, 0 0 "8,000 102-Human Resources New HR Administrative Secretary 33,345 33,345 0 0 TOTAL 33,345 33,345 0 0 103-City Manager's Office Bulletin Board 700 0 0 700 Temporary Labor 5,000 5 000 0 0 TOTAL 5,700 5,000 0 700 105-Support Services Replacement Desktop Computers 58,000 0 0 58,000 Replacement Laptop computers 29,000 0 0 29,000 Fluke One -Touch Network Analyzer 5,645 0 0 5,645 File Server for DPS Field Reporting 6,000 0 0 6,000 Replacement GIS Workstations 4,600 0 0 4,600 HP Color Printer for Recreation Specialist 2,000 0 0 2,000 Harriss TS45 Datacom Telephone Test set 545 0 0 545 Replacement of Office 97 with XP 14,400 0 0 14,400 Updated Digital Aerial Orthophotography 1,500 0 0 1,500 Quark (Parks and Planning) 1,800 0 0 1,800 Adobe Photoshop (EcoDev) 1,100 0 0 1,100 Autocad / Quickcad Software (Parks) 2,700 0 0 2,700 Back Office Server (2 copies for DPS Field Reporting an 8,000 0 0 8 000 TOTAL 135,290 0 0`. 135,290 106-FINANCE 106-Finance No new requests 0 0 0 0 TOTAL 0 0 0';' 0', 107-Municipal Court No new requests 0 0 0 0 TOTAL 0 0 0 Or: 108-Teen Court No new requests 0 0 0 0 TOTAL 0 0 0_ 0`, 130-PUBLIC SAFETY 131-Fire Services 9 new firefighter/paramedic positions 404,919 404,919 0 0 3 new Driver/Engineer Positions 153,927 153,927 0 0 Two (2) SCBA Airpacks and three (3) SCBA Bottles 8,036 0 0 8,036 Replacement/Repair of Furniture 1 000 0 0 1 000 TOTAL 567,882 558,846 0 9,036 132-Police Services Field Services Officer 97,576 36,929 24,300 36,347 Patrol Officers (5) 79,548 79,548 0 0 Public Safety Officers (2) 118,412 118,412 0 0 Community Drug Testing Program 1,100 0 1,100 0 Citizen's DPS Academy 6,750 1,450 5,300 0 Explorer Program 1,678 0 1,678 0 Radio Battery Trianalyzer and Reconditioner 1,600 0 1,600 0 Detention Safety Improvement Program 3,600 0 600 3,000 Page 19 DEPARTMENT/Division ITEM SCHEDULE OF NEW REQUESTS FY2001-02 TOTAL AMOUNT PERSONNEL OPERATIONS CAPITAL Autocite Citation System 18,000 0 0 18,000 Non -lethal weapons 2,250 0 0 2,250 Micro -cassette recorders 600 0 0 600 New PSO vehicle 56,840 0 0 56,840 Portable handheld video monitor system 6,800 6,800 Radios for new hires 21,000 0 0 21,000 TOTAL 415,754 236,339 34,578 144,837 133-Public Safety Support KIMI Cards for Denton County 800 Radio System 16,000 0 0 16,000 Portable & Mobile Radio Replacement (3 year program) 39,935 39,935 TOTAL 55935 0 0 55,935 142-Building Inspections No new requests 0 0 0 0 TOTAL 0 0 0 0! 140-PUBLIC WORKS 144-Streets and Drainage One (1) Sand Spreader 8,200 0 0 8,200 One (1) Gas Detector 3,000 0 0 3,000 Two (2) Traffic Counters 2,500 0 0 2,500 One (1) Portable Air Compressor 2,500 0 0 2,500 Two (2) Chain Saws 800 0 0 800 One (1) Digital Camera 1,000 0 0 1,000 Four (4) Weedeaters 800 0 0 800 One (1) Tool Box 1 800 0 0 1 800 TOTAL 20,600 0 0 20,600 146-Public Works Admin. Intern (shared with Planning) 8 226 8 226 0 0 TOTAL 8,226 8,226 0 0 150 -PLANNING 150-Planning Intern (shared with Planning) 8,226 8,226 0 0 Filing cabinets 500 0 0 500 TOTAL 8,726 , 8,226 0 . 500 151-ECONOMIC DEVELOPMENT 151-Economic Development No new requests 0 0 0 0 TOTAL p. p U' 0', 160-COMMUNITY SERVICES 161-Community Services One (1) Part-time Administrative Intern 10,686 10,686 0 0 Resident Survey 10,000 0 10,000 0 TOTAL 20,686 10,686 10,000 0 162-Parks and Recreation One (1) Full -Time Park Maintenance Supervisor 42,217 42,217 0 0 One (1) Full -Time Park Maintenance Worker 27,119 27,119 0 0 One (1) Full -Time Recreation Specialist 33,285 33,285 0 0 One (1) Full -Time Office Assistant (upgrade part-time po 6,948 6,948 0 0 One (1) Tennis Center Supervisor 39,490 39,490 0 0 Six (6) Tennis Recreation Aides 61,296 61,296 0 0 Tennis Pro Retainer and funding for contract instructors 114,400 0 114,400 0 New Line Item - Supplies -Tennis Center 15,000 0 15,000 0 Two (2) small utility trailers 3 500 0 0 3 500 TOTAL" 343,255 " 210,355 129,400 3,500 Page 20 SCHEDULE OF NEW REQUESTS FY2001-02 TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL 164-Library Services New Line Item -- Library Automation System Maint. Cont 12,000 0 12,000 0 Library collectin items 30,000 0 0 30,000 New Line Item - Copier Lease 2,400 0 2 400 0 TOTAL 44 4001 0 14,400 " 30,000 GRAND TOTAL GENERAL FUND 1,66T,799 ` 1,071,023 188,378 408,398 UTILITY FUND 141-Utility Billing Copier 1,150 0 0 1,150 Bar Code Scanning Equipment 1,720 0 0 1 720 TOTAL 2,8170 0 0 2,870 147-Water Utilities One (1) Self Propelled Sweeper 17,000 0 0 17,000 One (1) Upright Tamper Compactor 2,500 0 0 2,500 One (1) Gas Detector 3,000 0 0 3,000 One (1) Gas Powered Cut Off Saw 1,300 0 0 1,300 Meters 42,500 0 0 46,000 Meters- Auto Read Equipment 60,000 0 0 60,000 Quick Couplings 20,000 0 0 20,000 One (1) Battery Charger 800 0 0 800 Building Improvements 13,000 0 0 13,000 One (1) fireproof cabinet 1,000 0 0 1,000 Three (3) office chairs 600 0 0 600 TOTAL 161,700 0 0 165,200 148-Wastewater Utilities Auto Crane Hoist 9,000 0 0 9,000 8000 Watt Generator 3,200 0 0 3,200 Gas Detector 3,000 0 0 3,000 Gas Detector 3,000 0 0 3,000 Electrical Hammer Drill 550 0 0 550 2 HP Concrete Vibrator 700 0 0 700 Concrete Mixer 3,000 0 0 3,000 2" Electrical Water Pump 800 0 0 800 3" Trash Pump 1,500 0 0 1,500 Digital Camera 1,000 0 0 1,000 Diamond Saw Blade 750 0 0 700 SCADA for two lift stations 32,000 0 0 32,000 TONAL " 58,500 : U 0 58,450 GRAND TOTAL UTILITY FUND 223,070 0 0 ' 226,620", TOTAL ALL FUNDS 1,890,869 < 1,071,023 188,378 ` 634,918 Page 21 SCHEDULE OF UNFUNDED NEEDS FY2001-02 DEPARTMENT/Division GENERAL FUND 100-GENERAL GOVERNMENT 100-City Secretary/Mayor/ City Council 102-Human Resources TOTAL ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL None 0 0 0 0 TOTAL 0 .0 0 0 Pay plan appraisal system 56,500 0 56,500 _ 0 TOTAL 56,500 0 56,500 p '' 103-City Manager's Office None 0 0 TOTAL 0 0 0 0 0 0 105-Support Services Replacement Desktop Computers 31,900 0 0 31,900 Replacement Laptop computers 11,000 0 0 11,000 UPS for new PC's (50) 6,500 0 0 6,500 DPS SQL server for FireHouse 6,000 0 0 6,000 Pocket PC for GIS / Arcview (4) 3,200 0 0 3,200 Replacement GIS Workstations 1,400 0 0 1,400 Replacement of Office 97 with XP 4,800 0 0 4,800 ArcPad GIS software for GIS/Public Works 2,000 0 0 2,000 MS SQL Server 4,995 0 0 4 995 TOTAL 71,795 0 0 71,795 ` 106-FINANCE 106-Finance None 0 0 0 0 TOTAL 0 0 0 0 107-Municipal Court None 0 0 0 0 TOTAL 0 0 U 108-Teen Court None 0 0 0 0 TOTAL 0 0'; 0' 130-PUBLIC SAFETY 131-Fire Services Outdoor Warning System 70,965 0 70,965 0 TOTAL 70,965' 0. 70,965 0 132-Police Services Patrol Officers (5) 147,732 147,732 0 0 Detective - Crime Analysis 45,456 45,456 0 0 TOTAL 193,188 `. ; " 193,:188 0 0 ++? 133-Public Safety Support None 0 0 TOTAL 0 0 0 0 142-Building Inspections Digital Cameras 3,600 0 0 3,600 Office Chairs 2,200 0 0 2 200 TOTAL 5,aw °, 0 0 5,800' Page 22 SCHEDULE OF UNFUNDED NEEDS FY2001-02 TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL 140-PUBLIC WORKS 144-Streets and Drainage One (1) Gradall 240,000 0 0 240,000 TQTAL 240 000, 0 0, 240,000 146-Public Works Admin. None 0 0 0 TOTAL 0 0 0 0 150 -PLANNING 150-Planning None 0 0 0 0 TOTAL.. 0 0 p 01 151-ECONOMIC DEVELOPMENT 151-Economic Development None 0 0 0 0 TOTAL 0 ., 0 0 0 160-COMMUNITY SERVICES 161-Community Services One (1) Part-time Administrative Intern 10,686 10,686 0 0 Resident Survey 10,000 0 10,000 0 TOTAL 20,686 , 10,686 10,000 ` 0 162-Parks and Recreation One (1) F250 Extended Cab Truck 27,000 0 0 27,000 Two (2) small utility trailers 3,500 0 0 3 500 TOTAL 30500 0 0 30,500: 164-Library Services None 0 0 0 0 TOTAL 0 0 0 0 GRAND TOTAL GENERAL FUND 689,434 203,874 137,465 : 348,095 UTILITY FUND 141-Utility Billing None 0 0 0 0 TOTAL 0 0 �0 0. 147-Water Utilities None 0 0 0 0 TOTAL 0 U 0 U, 148-Wastewater Utilities None 0 0 0 0 TOTAL p 0 0 p ' GRAND TOTAL UTILITY FUND 0 0 0 0 1. TOTAL ALL FUNDS 689,434 203,874 137,465 348,095 Page 23 a U � Y 8 � O � L O � N q to r R r- O C W Z1 yy Y U z 8 W. 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J Ya11 c d U z to `O a m a o z U C7 l-' a p N N `O c pLL Paq- a� City of Southlake, Texas MEMORANDUM August 16, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Resolution No. 01-057, Appointing a Representative and Alternate to the North Texas Regional Library System (NTRLS) Council Action Requested: Approval of Resolution No. 01-057, appointing a representative and alternate to the North Texas Regional Library System (NTRLS) Council. Background Information: To be eligible to receive NTRLS funds for the next fiscal year and full membership privileges, it is desirable to have appointees as the official Southlake Public Library representative and alternate to the North Texas Regional Library System. The representative is required to attend at least one regional meeting each fiscal year. In the absence of the representative, the alternate appointee would be available to attend any required NTRLS meetings. Financial Considerations: Not Applicable Citizen Input/ Board Review: At their July 25, 2001 Library Board meeting, Karen Cienki was selected to serve as the official representative to NTRLS (7-0). At their special called August 15, 2001 meeting, Board member Peggy Firestone was selected to serve as the alternate (5-0). Legal Review: Not Applicable. Alternatives: City Council consideration of appointees. Supporting Documents: Supporting documents include: • Resolution No. 01-057, appointing a representative and alternate to the North Texas Regional Library System (NTRLS) Council, as recommended by the Library Board 5B-i 31 Billy Campbell, City Manager August 16, 2001 Page 2 Staff Recommendation: Approval of Resolution No. 01-057, appointing a representative and alternate to the North Texas Regional Library System (NTRLS) Council. 5B-2 Billy Campbell, City Manager August 16, 2001 (W Page 2 RESOLUTION NO. 01-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A REPRESENTATIVE AND AN ALTERNATE TO THE NORTH TEXAS REGIONAL LIBRARY SYSTEM; PROVIDING AN EFFECTIVE DATE. WHEREAS, The North Texas Regional Library System is one of ten regional library systems established by the Texas Library Systems Act in 1969; and, WHEREAS, the North Texas Regional Library System is a network of public and school libraries working together to provide materials and services; and, WHEREAS, a representative and alternate representative from each member library is appointed to serve a two-year term on the System Assembly in order to represent the library's interest and ideas in System planning and decision making. NOW, 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 are incorporated into the body of this (.Resolution as if copied in their entirety. Section 2. That Karen Cienki, Library Board Member (Place 6) , is hereby appointed by the City Council to serve as the representative to the North Texas Regional Library System. Section 3. That Peggy Firestone, Library Board Member (Place 2)-, is hereby appointed by the City Council to serve as the alternate representative to the North Texas Regional Library System. Section 4. That the appointments are hereby effective upon passage of this Resolution by the City Council. PASSED AND APPROVED THIS THE 215t DAY OF AUGUST, 2001. ATTEST: Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS BY: Mayor Rick Stacy 5B-3 -1i City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Gary Gregg, Technical Services Manager SUBJECT: Authorize the City Manager to Enter into a Purchase Agreement with Comp USA for the Purchase of Desktop Computers Action Requested: City Council approval of purchase from CompUSA of seventy six (76) replacement desktop computers. Background Information: The City currently is near the end of two leases for a total of 76 desktop computers. The current leases have a fair market buyout in excess of the current value of the machines. Council approved a mid -year adjustment in the 105 budget to replace these computers prior to the end of the lease and during this fiscal year. Numerous QISV (state -bid qualified) computer vendors were contacted for a proposal. Vendors contacted included Dell, Compaq, Hewlett Packard and Gateway. We also reviewed bids from "white box" manufacturers. Staff concluded that the length and quality of warranties and service available from major vendors outweighed the minor cost savings associated with a no -name computer. A variety of scenarios were also modeled pitting Pentium III -1MHZ processors against Pentium IV -1.4 processors. In most instances the proposals for the two processors were within dollars of each other - giving value to buying the faster processor. Staff also reviewed the needs and future requirements of City users and elected to propose the purchase of two different types of computers for this purchase. The selected proposal from CompUSA is the second lowest in price. It is $700.55 more than the Gateway proposal. Staff feels the base computer proposed by CompUSA from Compaq is a better computer than that proposed by Gateway in the same price range. The second computer also meets the city's requirements for management and serviceability at a lower cost. Financial Considerations: The recommended proposal is for a total of $87,036.58 which is within the budgeted amount. Citizen Input/ Board Review: Not subject to any board review. Legal Review: City Attorney approved the format of the QISV proposed purchase. ✓• • Alternatives: Re -institute negotiations with alternative proposals as City Council would direct. Supporting Documents: Attached proposal. Staff Recommendation: Place the proposal from CompUSA and authorization for the purchase of 76 desktop computers on the August 21, 2001 City Council meeting agenda for consideration. Gateway Gateway Gateway Gateway Dell Tabulation of Desktop Computer Proposals r Compaq P3 76 $969 80 205 $1,174 80 $89,284 80 ..,. yn Gateway P3 E3400 76 $1,071.00 $1,071.00 .x� $81,396.00 Gateway P3 M1000 76 $992.00 $992.00 $75,392.00 Gateway P4 S 1400 76 $1,136.00 $1,136.00 $86,336.00 Gateway P4 E4600 76 $1,220.00 $1,220.00 $92,720.00 Dell P4 1400GX 76 $1,286.00 $2,700 $3,986.00 $100,436.00 City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Gary Gregg, Technical Services Manager SUBJECT: Authorize the City Manager to Enter into an Agreement with Pinnacle Integrated Technologies for the Purchase and Installation of Fiber Optic for the West DPS Facility Action Requested: City Council approval of proposal from Pinnacle Integrated Technologies to extend fiber optic cable to West DPS Facility. Background Information: Current city facilities are connected by a 12 strand fiber optic data backbone. This backbone allows city facilities to utilize common data servers and to utilize a centralized telephone system. This backbone replaces numbers of leased circuits costing approximately $1000 each. Fiber optic cable was reused from the old leased administration building to partially cover the distance to the new West DPS facility. This proposal will connect the West DPS facility to the city fiber hub and allow for the interconnection of data and telephones from the West DPS facility to the remainder of the City in a seamless manner. Financial Considerations: The low proposal is for a total of $60,925.13. Citizen Input/ Board Review: This item was funded by the CIP section of the Southlake Crime Control and Prevention District budget. Legal Review: This contract was reviewed and amended by City Attorney Debra Drayovitch. The bidder has approved the changes in writing. Alternatives: If the proposal is not approved standard telephone and data connections costing approximately $2,000 a month would be required for facility operation. Supporting Documents: Attached proposal with comments. Staff Recommendation: Place the attached proposal authorizing Pinnacle Integrated Technologies to extend and connect fiber optic cable to the West DPS facility on the August 21, 2001 City Council meeting agenda for consideration. '. 08/13/2001 10:17 9722429374 PINNACLE DATA INC PAGE 02 PURCWX AGREEMENT Pinnacle Integrated Technologic:, Inc. Proposal No.]00257 THIS PURCHASE AGREEMENT is rude this 5 day of 2001, by and between Pinnacle Integrated Technologies, Inc. ("Seller") and the City of Southlakeo ("Purchase ) located at 1400 Main Street, Suite 270, SouNake. TX 76092 in consideration of the mutual eovetunts and promises herein contained, the receipt end sufficiency of which are hereby acknowledged. The Seiler agrees to sell, install, or cause to be installed Cabling Material and Systems and Electronic Devices ("Equiprnent'l and Installation SaMces, Labor and Subcontractor Services C'Installation'7 as described in the attached Proposal No. 100257 dated July 11, 2001. PRICING Equipment S 16,390.51 Other Installation Tax Q _% S " 3a.63 S S TOTAL S_ 60,925,13 A. Purchaser shall pay Seller a Deposit of Five Percent (5%) of TOTAL indicated above upon contract signing. All Equipment described in Seller's Proposal shall be invoiced upon delivery to purchaser provided storage facility or Sellers warehouse. Seller shall invoice Purchaser for installation upon project completion or if project completion extonds beyond the end of any calendar month, Seller will invoice Purchaser for Installation an a "Percent complete" of the total project, B. Payment terms on all invoices shall be Not 30 days from invoice date. C. Purchaser agrees to.pay and shall pay interest, with respect to any invoice which has not been paid within thirty (30) days from data of invoice, at the lower of. (1) the maximum rate allowed by taw, or (2) the rate of one and on-halfpercent (I 1/2%) per month computed from the origirrai due date until paid. Nothing herein shall be construed as a request or demand by Seller at a rate higher then allowed by applicable law. If the rate referenced above exceeds the maximum rate allowed by applicable taw, thin the interest late made applicable herein shall be made the maximum rate allowed. D. Quoted prices are valid for 60 days from date of proposal Seller reserves the right to make adjustments m Equipment Pricing based upon raw material cost increases related to Copper and Fluorinated Ethylene Propylene ("FEP'l compounds used in the manufacturer of certain communications cables. H. Proposal pica do not include cost associated with permits or license fees that may or may not be required with this proposal unless specifically aowd above. P. Unless.otherwise stated heroin, prices quoted do not include Sate or Looal Sales Tax or shipping charges_ Seller shall ship or caused to be shipped Equipment related to the project using the most economical method of transport while atilt radntidning the project scbedulc. All Equipment shall be shipped FOS Snipping Poim, Prepay and charge. Purchaser agrees to pay all shipping costs. 0. Sella* shall warrant ell Equipment and installation for a period of one (1) year from the date that said work is cotrtoleted and accepted by the Purchaser. Any Electronic Devices, identified as such, in this proposal will be covered by manufacturers standard warranty period unless otherwise stated herein. Seller will process all warranty claims on Electronic Devices. Seller will repair or replace, at Seller's diacretion, any Equipment or Installation Purchaser determines to be defective within the warranty period, at no charge to the Purchaser. SIGNATURE CONSTITUTES ACCEPTANCE OP THE TERM AND CONDITIONS ABOVE AND ON PACE 3 and 3. Pinande Integrated T r , Iac. Seller By - A -- Purchaser BY. Title 08/13/2001 10:17 9722429374 PINNACLE DATA INC PAGE 03 Purchase Agreement P g 2 THE PARTIES HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS 1_ Any additional work required by Purchaser or Purchaser's Agent must be requested via ■ Change Order or Contract Addendum submitted to Seller in writing and signed by an authorized representative of the Purchaser. 2. Proposal prices are based on Installation being performed during normal business hours of Monday through Friday from 7:00 AM to 4:00 PM. Seller's Installation rates during normal business hours are $38.00 per man-hour and $57.00 for ovettime, after hours, weekend or holidays. 3. Seller shall have full access to the facilities, coordinated and arranged be the Purchaser or the Purchaser's Agent 4. No part of this proposal tray be copied, reproduced, or conveyed to any other party without the prior written consent of the Seller. 5. if Purchaser is the Owner of the project, any invoice remaining unpaid fur forty-five (45) days ■@err receipt of the invoice by Purchaser shall be subject to a ambeinic's lien filing. Purvbaeer shall be liable for all cost incurred in collection, including collection cost, attorney's fees, filing fees, and coat of court. Seller hereby notifies Purchaser that Seller reserves and retains all legal mechanic's or meterialman lien rights of forded to Seller under the appropriate state property codes. 6. Indemnification — Seller shall defend, indemnify and hold harmless purchaser, its officers, directors, employees, and ageuu from and against any and all loss, damage, claims, liabilities, and causes of action, by whoorsoever mmud, and against all j udgments in respect thereto, for personal injury, bodily injury or death, or on account of property damage arising out of the dole negligence of Seller or its subcontractors. This obligation shall survive the expiration or termination of this Agreement by either party for any reason. 7. Force Majeure - Seller shalt not be liable or deemed in default hereunder for delays in delivery or performance due to acts of God, governmentsl action, strikes, or labor disputes. S. Insurance - Seller shall provide and maintain the following insurance coverages: s_ Worker's compensation insurance malting applicable statutory requirements and employers liability insurance with minimum limits of One Hundred Thousand Dollots ($100,000) for each accident b. Commercial general liability insurance, or any combination of general liability and umbrella or excess insurance, with minimum limits of One Million Dollar (S1,000,000) as the combined single limit for each occurrence of bodily irdury, persond injury and property damage. The policy shalt provide blanket contractual liability insurance fbr all writteo contracts and shall include coverage for products aced completed operations liability, independent contractor's liability; coverage for prop" damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. The insurance coverage must be written by At company or companies approved to conduct business in the State of Texas. The City must be named as an additional insured on the policy. C. Automobile liability insurance covering all owned, hired, end non -owned vehicles in use by applicant, its employees and agents, with personal protection insurance and properly protection insurance to comply with the provisiotu of state law with minimum limits of One Million Dollars ($1,000,000) as the combined single limit for each occurrence for bodily injury and property damage. d. All policies other then those for Worker's Compensation shall be written on an occurrence and not an a claims made basis and shall name the City. its officers and employees as additional insureds by using andomnient CO 20 26 or broader. All insurance carriers and surplus line carriers shall be rated At or better by A.M. Best Conmany. e. Insurance policies must provide that the Issuing company waives all right to recovery by way of subrogation against the City in connection with losses covered by the policy. All insurance policies shall contain the following endorsement! "At least 30. days prior written notice shall be given to the City of Southlake by the insurer of any intention not ro renew such policy or to cancel, replace or materially alter alas, such notice to be given by registered trait." MISCELLANEOUS 9. Assignment — Ncitha panty may assign or otherwise transfer this Agreement or any rights under it, or any orders issued under it, without prior written consent of the other party. 10, Applicable Law — This Agreement will be govarned by the laws of the State of Texas. Any suit hereunder shall be brought in the federal or state courts in the State of texas and Purchaser hereby submits to the personal jurisdictlon thereof 11, Sever ability — The brvalidity in whole or in part of any provision of this Agreement shall not affect the enforceability of the remainder of its provisions. 12. Waiver— No term or provision hereof ahatl be deemed waived and no breach excused unless such waiver or consaat steal) be in writing and signed by the parry claimed to have waived and consented, 13. Duration The provisions of this Agreement shot) continue to be applicable notwithstanding the transfer of title to the produce. City of Southlake, Texas MEMORANDUM August 1, 2001 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Authorize the Mayor to enter into an Interlocal Agreement with Carroll Independent School District for the provision of School Resource Officers, outlining their duties, and establishing Remuneration for Services Action Requested: City Council approval of an Interlocal Agreement with Carroll Independent School District for the provision of School Resource Officers. Background Information: The City of Southlake Department of Public Safety has provided sworn police officers since 1991 to act as School Resource Officers in Carroll Independent School District. The previous agreement included DARE officers, which were eliminated this year due to budget constraints within the district and a change in educational philosophy regarding drug abuse education. Law Enforcement Accreditation requirements regarding both performance and liability also necessitated an update to the agreement. School Resource Officers are assigned in the High School, Junior High, and Middle Schools. CISD Board of Trustees approved the agreement on May 21, 2001. Financial Considerations: This agreement provides for the District to reimburse the City for 60% of salary and benefits of the School Resource Officers plus 100% of school related overtime worked by these officers. The prior agreement was for reimbursement of 75% of salary and benefits but the City paid all overtime. This agreement caps the City's cost (approximately 40% of the total expenditures) and requires any additional overtime or extra duty be budgeted by CISD. The agreement can be terminated at any time with 30 days notice. Only one SRO position will be funded in the General Fund this year. Crime Control and Prevention District has approved funding for the other two positions for one additional year. Citizen Input/ Board Review: Crime Control and Prevention District has approved funding of two SRO positions for one additional year. There was no citizen input. Legal Review: This agreement has been reviewed and approved by City Attorney Debra Drayovitch. Billy Campbell August 1, 2001 Page 2 Alternatives: Decline the agreement and School Resource Officers will be returned to patrol and investigative functions. CISD would need to make other arrangements for school security or renegotiate the contract. Supporting Documents: Agreement for School Resource Officers between the City of Southlake and Carroll Independent School District. Staff Recommendation: Place the Agreement for School Resource Officers between the Carroll Independent School District and the City of Southlake on the August 21, 2001 City Council meeting agenda for approval. State of Texas § County of Tarrant Agreement for School Resource Officers Between the City of Southlake and the Carroll Independent School District This Agreement is made by and between the Carroll Independent School District, 1201 N. Carroll Ave., Southlake, Texas, herein called 'District', and the City of Southlake, Texas, herein called 'City", for the purpose of establishing and maintaining the terms under which City shall provide District with services performed by three (3) School Resource Officers (SRO) officers and the compensation which shall be paid by (bwDistrict therefor. District and City agree that: 1. This Agreement is made pursuant to Chapter 791 of the Texas Government Code; and 2. This Agreement is for a public purpose and is necessary in the conduct of public schools. WITNESSETH For and in consideration of the mutual undertakings herein set forth, District and City agree as follows: 1. Agreement for SRO Officers: City agrees to assign one police officer to serve as School Resource Officer (SRO) at Carroll High School, one police officer to serve as School Resource Officer at Carroll Middle School, and one police officer to serve as a School Resource Officer at the Carroll Junior High School. 2. Training and Equipment: City shall provide law enforcement training and certification, a police vehicle, and other police equipment including communication equipment necessary to allow each officer to communicate with the City's Department of Public Safety and other officers. District shall provide any radio equipment necessary to allow the officer to communicate with school staff if desired by District 3. Selection of Officers: At least two School District faculty members will participate in the selection of every SRO officer, prior to final assignment. 4. Duties of School Resource Officers: The primary function of the SRO shall be to guard and protect the safety of students and faculty and provide campus security. Specifically, the SRO shall assist in limiting access to the school grounds to authorized persons only, provide police protection of school property, personnel and students, investigate criminal acts on school grounds and serve as liaison between the school, police department, juvenile officials, probation officials, courts and other agencies of the juvenile justice system. The SRO shall, as time permits, be available as a resource person to teach, lead a discussion, or offer information on topics on which the officer has special competence due to law enforcement training. The SRO shall also attempt to identify and counter deviant behavior such as gang activity through information and other assistance to young people. The SRO will take a pro -active role to provide a high visibility crime deterrent on school property in order to effectively promote security and order in the schools. SRO Officers will perform law enforcement and security related functions only. Any disputes regarding assigned duties and responsibilities will be resolved between the officer, the officer's supervisor, and the principal. Should an agreement not be reached, the dispute will be resolved between the Superintendent of the District and the City's Chief of Police Services. 5. School Resource Officer Direction and Supervision: SROs shall be assigned by and responsible to the Southlake Department of Public Safety but shall work under the guidance and direction of the school 4 principal or his designee who shall set priorities for officer duties and activities. The principal or his designated representative shall be notified of all custodial arrests or detentions. S. Work Hours: City shall assign officers to work Monday through Friday from 8:00 a.m. to, 4:30 p.m. with a thirty (30) minute lunch. A Principal may request SRO officers work after hour and weekend events for purposes of security. The District will be responsible for 100% of the overtime for school events in excess of the 40-hour workweek. Officers observing school holidays in excess of City recognized holidays will utilize appropriate compensatory, vacation or other approved forms of leave, or advise their supervisors that they will report for work at the Department of Public Safety. 7. Officer Performance: The City of Southlake will maintain the following records regarding the performance of SRO officers. a. Attendance records to include days and hours worked, sick time, overtime worked for the District, and specific after -hour activities worked at District request. b. Activity records to include classes taught and enforcement action on school campuses to include arrests and citations. c. Performance plans on all officers and the evaluations of those plans. Twice each semester, the SRO supervisor will make contact with the principal of the school where an officer is assigned to solicit performance input. This input will be included in the officer's performance reviews. These records will be available for review by the Carroll Independent School District at any time. If the principal is not satisfied with the performance of the officer assigned to his/her school, the principal may request in writing the transfer of the officer specifying the reason for such a request. The Chief of Police Services after consultation with the Director of Public Safety will then make reasonable efforts to transfer the officer. After the transfer is complete the Chief of Police Services will make a reasonable effort to find a suitable replacement. The principal of the school to which an officer is assigned and the City's Director of Public Safety or his designated representative are authorized to establish and modify rules and procedures concerning the SRO officers duties and schedule so long as they both agree on such changes in writing. 8. Remuneration for Services: District agrees to pay City sixty percent (60%) of the annual salary and benefits (benefits including health and life insurance, medicare contribution, retirement, worker's �W ompensation, and unemployment premiums) of the SRO assigned to the High School, Carroll Middle School and Carroll Junior High. The District agrees to pay 60% of the local match of a COPS in Schools grant for one additional SRO officer for the three years of the grant if awarded, and 60% of salary and benefits of the additional officer for at least one additional budget year following conclusion of the grant. The District is also responsible for one hundred percent (100%) of all school related overtime worked by SRO officers at the request of the respective Principals. The City shall calculate the total compensation and shall provide this information to the District together with an invoice three times a year on or about December 1, March 1, and June 1. The District shall pay such invoices within thirty (30) days of receipt. 9. Responsibility for Actions: Each party agrees to accept full responsibility for the acts or omissions of its respective officers, employees, and agents. It is the intent of the parties that each will be responsible to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity, or to LV remove any protection afforded units of government pursuant to Texas law. 10. Term: The term of this Agreement shall be from August 1, 2001 through July 30, 2002. This Agreement may be renewed for additional one year terms as follows: Each year, the City shall estimate anticipated costs of the assigned for the following year and provide the estimate to the District prior to April 1. The District shall provide the City with an acceptance letter on or before June 1, of each year. If The District executes such a letter, this Agreement shall automatically renew for an additional one-year term, provided, however, that any payment for officers is subject to the respective parties' annual budget appropriations for this purpose. 11. Termination: Either City or School District may cancel this agreement by giving the other party thirty (30) days written notice of cancellation at the address listed in the Preamble hereof. If this Agreement is terminated prior to the end of the Agreement year, District shall be entitled to a pro-rata reimbursement of the unused funds paid by the District. 1 12. Notice: Any notices or other communication hereunder shall be in writing, shall be sent via registered or certified mail, and shall be deemed given when received. If to the District: Carroll Independent School District 1201 N. Carroll Avenue Southlake, Texas 76092 Attn: Superintendent If to the City: City of Southlake 1400 Main Street Southlake, Texas 76092 Attn: City Manager IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date first above written. (W AGREED TO: AGREED TO: ATTEST: Carroll Independent School District Lo President, Board of Trustees City of Southlake LI-A Rick Stacy, Mayor Sandy LeGrand, City Secretary Secretary, Board of Trustees City of Southlake, MEMORANDUM August 16, 2001 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (481-1433) SUBJECT: Resolution No. 01-048, appointing representatives to the SPIN Standing Committee to fill two (2) unexpired terms for SPIN Neighborhoods #7 and #9e Action Requested: City Council approval of Resolution No. 01-048, appointing representatives to the SPIN Standing Committee to fill the unexpired terms of SPIN #7 Representative Darrell Faglie and SPIN #9e Representative Edith Hutcheson. Background Information: The SPIN Standing Committee representatives are appointed for staggered two-year terms. This resolution appoints two (2) representatives to fill the unexpired terms of SPIN #7 Darrell Faglie, who was appointed to the Planning & Zoning Commission in June, and SPIN #9e Representative Edith Hutcheson, who resigned earlier this year. The terms for these two positions expires on December 31, 2001. Differing from previous approaches to vacancy, the Standing Committee has attempted to fill vacancies through the existing network of Liaisons or recruiting led by the Executive Committee or the outgoing representative. This approach was selected in order to save resources allocated to a vacancy meeting that have typically yielded a low turnout. The attached resolution provides for the appointment of the following individuals to the Standing Committee for the remainder of the existing term to expire in December 2001. ■ SPIN 47 — Jeff Wang ■ SPIN #9e — Brandon Bledsoe Financial Considerations: Not Applicable. Citizen Input/ Board Review: Both potential appointees we recruited Standing Committee and have been working with the Standing Committee throughout the summer months. Legal Review: Not Applicable. Alternatives: Input towards the appointments as desired. t ; Billy. Campbell, City Manager August 16, 2001 Page 2 Supporting Documents: Supporting documents include the following items: ■ Copy of Resolution No. 01-048, appointing representatives to the SPIN Standing Committee to fill two (2) unexpired terms in SPIN Neighborhoods #7 and #9e. Staff Recommendation: Place as an item on the August 21, 2001 City Council agenda to approve Resolution No. 01-048, appointing neighborhood representatives to the SPIN Standing Committee to fill the unexpired terms of SPIN #7 Representative Darrell Faglie and SPIN #9e Representative Edith Hutcheson. IM N RESOLUTION NO.01-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENTS OF NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) TO FILL TWO UNEXPIRED TERMS; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Southlake, Texas, established the Southlake Program for the Involvement of Neighborhoods (SPIN) to provide a more available form of citizen participation in the affairs of the City Council; and, WHEREAS, the mission statement of SPIN is to provide a forum which fosters open and timely communication between the citizens of the City of Southlake and City Government regarding programs, activities and issues that affect the quality of life in the community and fosters a stronger sense of community; and WHEREAS, under Ordinance No. 598-A, the City Council created the SPIN Standing Committee to represent each of the undesignated SPIN neighborhoods with residents from each SPIN area selecting a representative; and WHEREAS, the City Council officially names the SPIN Standing Committee members through a resolution after the SPIN area has selected a representative, now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That the positions of SPIN #7 Representative and SPIN #9e Representative, previously held by Darrell Faglie and Edith Hutcheson, have been vacated and the following individuals are hereby appointed as neighborhood representatives for the specified terms: SPIN Area #7 Through December 31, 2001 SPIN Area #9e Through December 31, 2001 Section 2. This resolution shall become effective after its passage and adoption by the City Council. EXECUTED this day of , 2001. CITY OF SOUTHLAKE ATTEST: ,,, City Secretary City of Southlake, Texas MEMORANDUM r TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance 481-1713 SUBJECT: Consider placing a proposal to adopt the tax rate and hold a public hearing on the tax rate, on the agenda of the September 4, 2001 Regular City Council meeting Action Requested: Set public hearing on the tax rate for September 4, 2001. Background Information: Since the proposed tax rate of .422 will exceed the rollback rate (.399739) or 103 percent of the effective tax rate (.399528) and increase tax revenues, the city must hold a public hearing on a proposal to increase tax revenues. In order to hold the public hearing, a record vote of the council members must be taken to show who is for and against the proposal. This will then be published in the newspaper prior to the public hearing as required by law. Financial Considerations: None required Citizen Input/ Board Review: None required Legal Review: None required Alternatives: None Supporting Documents: None Staff Recommendation: Set public hearing for September 4, 2001 4 City of Southlake DeDartment of Planning STAFF REPORT August 17, 2001 CASE NO: ZA01-086 PROJECT: Lot 1R, Aubrey Estates REQUEST: Ray Crockett is requesting approval of a plat revision. ACTION NEEDED: Consider plat revision request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA01-086 BACKGROUND INFORMATION OWNER/APPLICANT: Ray Crockett PURPOSE: The purpose of this plat is to abandon a utility easement in the southwest portion of the property that is not in use by the City or franchise utilities. The easement runs along an old lot boundary that was re -located on a previous plat revision. PROPERTY SITUATION: This property is located at 351 S. White Chapel Boulevard. LEGAL DESCRIPTION: This property is legally described as Lot 1R, Aubrey Estates. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF-lA" Single Family Residential District P&Z ACTION: August 9, 2001; Approved (6-0) subject to Plat Review Summary No. 1, dated August 3, 2001. STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated August 3, 2001. LNACommunity Deve1opment\WP-FILES\MEM0\200Icases\01-086PR.doc Im Case No. Attachment A ZA01-086 Page 1 Vicinity Map Lot 1 R, Aubrey Estates 1000 0 1000 2000 3000 Feet J O S E Attachment B Case No. Page 1 ZA01-086 Case No. Attachment C ZA01-086 Page 1 Surrounding Property Aubrey Estates U% Owners Owner Zoning Land Use Acreage 1. A. Tolbert 1. SFI-A 1. Low Density Residential 1. 2.436 2. H. Freechling 2. SF1-A 2. Low Density Residential 2. 0.994 3. R. Smith 3. SFI-A 3. Low Density Residential 3. 0.936 4. D. Crockett 4. SF1-A 4. Low Density Residential 4. 1.525 5. T. Tracey 5. SF I -A 5. Low Density Residential 5. 3.003 6. S. Beck 6. SF1-A 6. Low Density Residential 6. 1.95 Case No. Attachment E ZA01-086 Page 1 PLAT REVIEW SUMMARY Case No.: ZA01-086 Review No.: One Date of Review: 08/03/01 Project Name: Plat Revision — Lot 1R1 Aubrey Estates, being a Revision of Lot 1R APPLICANT: Donald Rav Crokett 351 S. White Chapel Boulevard Southlake, Texas Phone: (817) 961-0335 Fax: SURVEYOR/ENGINEER: Loyd Bransom Surveyors, Inc. Bill Hooks, Jr. Phone: (817) 834-3477 Fax: (817) 831-9818 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/11/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-2073. 1. Place the City case number ZA 01-086 in the lower right-hand corner of the plat. 2. Include reference to the name, lot and plat record of plat being revised in the title block. 3. Show and label properties across White Chapel Boulevard and the apparent existing centerline and R.O.W. northwest of the centerline. This R.O.W may be by prescription. 4. Provide utility company approval block and signatures on the face of the plat. (Contact information and approval block provided to surveyor). Informational Comments A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector's office at (817) 884-1103. Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. Case No. Attachment D ZA01-086 Page 1 I City of Southlake Department of Planning STAFF REPORT August 17, 2001 CASE NO: ZA01-051 PROJECT: Lot 1-11, Block 1, City of Southlake Municipal Complex REQUEST: The City of Southlake is requesting approval for a plat revision. ACTION NEEDED: Consider plat revision request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA01-051 BACKGROUND INFORMATION OWNER/APPLICANT: City of Southlake PURPOSE: The purpose of this request is to extend the 35' Common Access Easement along the north property line of Block 1 from Byron Nelson Parkway to Parkwood Drive and to dedicate a small portion of right-of-way along the north line of Block 2 in order to extend sewer and water lines to the adjacent property. PROPERTY SITUATION: The property is located on the south of Southlake Boulevard, west of Byron Nelson Parkway, and north and east of Parkwood Drive. HISTORY: May 7, 1996 — City Council approved, on ZA96-039, Preliminary Plat for City of Southlake Municipal Complex. September 4, 1997 — Planning and Zoning Commission approved, ZA97-120, Final Plat for City of Southlake Municipal Complex. Plat was filed September 25, 1998. October 21, 1997 - City Council approved ZA97-118 Rezoning and Concept Plan for the Senior Center. January 2000 — Residents of Timarron Addition -Northwood Park request that the City Council consider closure of the future connection between Parkwood Drive and Southlake Boulevard. February 1, 2000, - City Council directed staff to proceed with abandonment of a portion of Parkwood Drive which would close the future connection to Southlake Boulevard. LEGAL DESCRIPTION: Lot 1 & 2, Block 1 and Parkwood Drive, City of Southlake Municipal Complex, being 14.569 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "CS" Community Service District P&Z ACTION: May 17, 2001; Approved (7-0) subject to Plat Review Summary No. 2, dated May 11, 2001. P&Z SPEAKERS: None Case No. Attachment A ZA01-051 Page 1 CITY COUNCIL ACTION: The City Council tabled this request with regard to the proposed �W R.O.W. abandonment until more is known about development of the City property. STAFF COMMENTS: The abandonment proposal has been removed and will be brought back at the direction of the City Council. The sole purpose of this plat is to extend a 35' Common Access Easement along the north property line of Block 1 from Byron Nelson Parkway to Parkwood Drive and to dedicate a small portion of right-of-way along the north line of Block 2 for extension of sewer and water lines to the adjacent property. The staff has removed the Attached is Plat Review Summary No. 3, dated August 17, 2001. NACommunity Deve1opment\WP-FILES\MEM0\2001cases\01-051PR.doc Case No. Attachment A ZA01-051 Page 1 �w Vicinit y City of Southlake Municipal Complex 1000 0 1000 2000 3000 4000 Feet 01 S Case No. ZA01-051 Attachment B Page 1 } FE y 5 lox - MR. F �t ! strti C p UxL !f:aJ q. yY ! �Y it "} ��, 11!`ei� s a`t @ e;6� @"� ?'_;$@}��_'�e} X�e Iii f ��•}i�� its ! Fib lr��j�};, r } rx9i ! � �ai'�lyl f {ts pi@ 6�y i9q I � pti 5 9 t e e4}i `si a r' a 'tt, p"1[� a 'A!G �'„' F- Ar"'}} Mi a'Fe 'q(oe ° [6[� a1 F64 B;@�e6 a s!1€Ss: �► @ 6 �teeed� ��tt�t°���s'' � � � e Hi t Ai}�r !`� Ge$�NN•�iA Ar � t}"S F 't�}bi. j6 :iA1 i Ygfi `pi� �6i °}x� �! e` .� �! g�°••Ale tlFe 'Aefe 5'3� bill `, g � y r�: �. rl ,j�63}t4 !i@"� F;e 3 tits 6tt.t�� I1 �t �ittl�f . f� by tub t�s,�!� ter t�� 9 i 1% a III I i III 2. 11111 11111 Case No. Attachment C ZA01-051 Page 1 PLAT REVIEW SUMMARY Case No.: ZA01-051 Review No.: Three Date of Review: 08/17/01 Project Name: Plat Revision — Lot 1R, Block 1, City of Southlake Municipal Complex being a revision of Lots 1 & 2, Block 1, City of Southlake Municipal Complex APPLICANT: City of Southlake Phone: Fax: SURVEYOR/ENGINEER: Carter & Burgess 7950 Elmbrook Drive, Suite 250 Dallas, TX 75247-4961 Phone: 214-638-0145 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/17/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS AT (817) 481-2079. Show and label the adjacent platted properties prior to filing this plat. 2. Under the Developer's Note No. 3 add "Lot 1R, Block 1" following the "...property line...". Informational Comments: * Additional easements may be required for water, sewer and/or drainage. Staff will provide information prior to filing. * Plat information on the "Richards" and "1709 JV" tracts will be provided in order to be placed on this plat prior to filing. A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector's office at (817) 884-1103. Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. Denotes Informational Comment Case No. Attachment D ZA01-051 Page 1 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.805 AN ORDINANCE APPOINTING A MUNICIPAL' JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That Carol W. Montgomery is hereby appointed municipal judge of the City of Southlake, Texas, for a term of two years, which will expire July 17, 2003, in accordance with the terms of the Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit "A." PASSED AND APPROVED THIS THE 7TH DAY OF AUGUST 2001 IN FIRST READING. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED THIS THE 21ST DAY OF AUGUST 2001 IN SECOND READING. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Ordinance No. 805 Page two APPROVED AS TO FORM AND LEGALITY: City Attorney EFFECTIVE DATE: i CITY OF SOUTHLAKE Professional Services Agreement Municipal Judge This Agreement, made and entered into this day of , 2001, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City," and Carol W. Montgomery, hereinafter referred to as "Municipal Judge." WITNESSETH: l . City does hereby agree to enter into an Agreement with Carol W. Montgomery for Municipal Judge services for a period of two (2) years, beginning on July 17, 2001, and continuing through midnight July 17, 2003, at a salary of $3,250 per month to be disbursed biweekly. 2. City does hereby agree to provide a mobile phone and pager for the Municipal Judge for unlimited use in the performance of her duties as Municipal Judge. In addition, the City will provide judge's robe and gavel. 3. City does hereby agree to budget and to pay for professional memberships, subscriptions, and dues to state and local legal associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the City. Such memberships to include the following: Lexis/Nexus - Online Case Tracking Texas State Bar Association Northeast Tarrant County Bar Association 4. City does hereby agree to budget and to pay for the travel and subsistence expenses of Municipal Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. 5. City does hereby agree to review the Municipal Judge's compensation on an annual basis at the time the Municipal Judge's performance is reviewed by the City Council. 6. The Municipal Judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the court clerk. The Municipal Judge further agrees to perform the duties of Municipal Court Judge as outlined in more detail in Exhibit A. 7. During this Agreement, the municipal judge agrees to comply with all provisions of the Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Section 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Southlake Municipal Court of Record. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. The Municipal Judge shall not take on representation of a client adverse to the City. The Municipal Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 9. The Municipal Judge warrants she meets the minimum qualifications listed in Chapter V of the City of Southlake Charter and Article II of Chapter 8 of the Code of Ordinances of the City of Southlake. 10. The city may remove the Municipal Judge from office during her term pursuant to and in accordance with the requirements of Section 30 of the Texas Government Code, or its successor, as same may hereafter be amended. 11. A request by the Municipal Judge for release from this Agreement prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unapproved abandonment of the Agreement shall be considered a default by the Municipal Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by Rick Stacy, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Municipal Judge has hereunto set her hand and seal the date first above written. Municipal Judge City of Southlake, Mayor Carol W. Montgomery Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Approved as to legal form: City Attorney's Office Date: Municipal Court Judge Duties Essential Functions: 1. Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. 5. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. Issue search and arrest warrants; set and forfeit bail for Class C misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and misdemeanors as part of magistration duties. 7. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 8. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. Exhibit A 19 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.806 AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ALTERNATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That Andy Wambsganss is hereby appointed alternate municipal judge of the City of Southlake, Texas, for a term of two years, which will expire August 7, 2003, in accordance with the terms of the Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit "A." PASSED AND APPROVED THIS THE 7Tx DAY OF AUGUST 2001 IN FIRST READING. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED THIS THE 21sT DAY OF AUGUST 2001 IN SECOND READING. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Ordinance No. 806 Page two APPROVED AS TO FORM AND LEGALITY: City Attorney EFFECTIVE DATE: f CITY OF SOUTHLAKE Professional Services Agreement Alternate Judge This Agreement, made and entered into this day of , 2001, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City," and Andy Wambsganss, hereinafter referred to as "Alternate Judge." WITNESSETH: 1. City does hereby agree to enter into an Agreement with Andy Wambsganss for Alternate Judge services for a period of two (2) years, beginning on August 7, 2001, and continuing through midnight August 7, 2003, at a salary of $65 per required arraignment period and $250 per court session. 2. The Alternate Judge agrees to serve as Judge in the temporary absence of the Municipal Judge due to illness, family death, continuing legal or judicial education programs, or any other reason. The Alternate Judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge as outlined in more detail in Exhibit A. Further, the Alternate Judge, while serving as a municipal judge, shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the court clerk. 3. During this Agreement, the Alternate Judge agrees to comply with all provisions of the Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Section 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Southlake Municipal Court of Record. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 4. City does hereby agree to budget and to pay for professional memberships, subscriptions, and dues to state and local legal associations and organizations necessary and desirable for his/her continued professional participation, growth and advancement, and for the good of the City. Such memberships to include the following: Lexis/Nexus - Online Case Tracking Texas State Bar Association u 5. City does hereby agree to budget and to pay for the travel and subsistence expenses of Alternate Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. 6. City does hereby agree to review the Alternate Judge's compensation on an annual basis at the time the Municipal Judge's performance is reviewed by the City Council. 7. The Alternate Judge shall not take on representation of a client adverse to the City. The Alternate Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 8. The Alternate Judge warrants he/she meets the minimum qualifications listed in Chapter V of the City of Southlake Charter and Article II of Chapter 8 of the Code of Ordinances of the City of Southlake. 9. The city may remove the Alternate Judge from office during his/her term pursuant to and in accordance with the requirements of Section 30 of the Texas Government Code, or its successor, as same may hereafter be amended. 10. A request by the Alternate Judge for release from this Agreement prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unapproved abandonment of the Agreement shall be considered a default by the Alternate Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by Rick Stacy, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Alternate Judge has hereunto set his/her hand and seal the date first above written. Alternate Judge Andy Wambsganss ATTEST: Sandra L. LeGrand City Secretary City of Southlake, Mayor Rick Stacy Approved as to legal form: City Attorney's Office Date: Municipal Court Judge Duties Essential Functions: 1. Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. 5. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. Issue search and arrest warrants; set and forfeit bail for Class C misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and misdemeanors as part of magistration duties. 7. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 8. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. Exhibit A City of Southlake Department of Planning STAFF REPORT August 17, 2001 CASE NO: ZA01-027 PROJECT: Hidden Creek Estates, (f.k.a. Haltom Creek Estates) REQUEST: On behalf of James C. Haltom, Brenda J. Haltom, James C. Haltom 1999 GRAT, Four Peaks Development is requesting a zoning change approval. The original request was for a zoning change and development plan for RPUD zoning. The amended request is for "SF -IA" zoning. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of 2"d reading for zoning change ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Developer Comments (D) Surrounding Property Owner Map (E) Surrounding Property Owner's Responses (F) Ordinance No. 480-364 STAFF CONTACTS: Dennis Killough (481-2073) Ben Bryner (481-2086) Ken Baker (481-2046) Case No. ZA01-027 v BACKGROUND INFORMATION OWNER: James C. Haltom, Brenda J. Haltom, James C. Haltom 1999 GRAT APPLICANT: Four Peaks Development PURPOSE: The purpose of this request is to place "SF -IA" single family district zoning on the property for residential development. PROPERTY SITUATION: On the east side of North Carroll Avenue and the west side of Sunshine Lane, approximately 500' south of East Dove Road. HISTORY: There have been no development activities on this property. LEGAL DESCRIPTION: Tracts 3A1G3, 3A1G, 3A1G5, 3A1G1, 3AIG2, 3AIG4, 3A1F1, 5133, 5B, 5B2A, 5B2, 4E, and 4, Frances Throop Survey Abstract No. 1511; being 95.9 acres. LAND USE CATEGORY: Low Density Residential and 100-Year Flood Plain CURRENT ZONING: "AG" Agricultural and "SF -IA" Single Family Residential District REQUESTED ZONING: "SF -IA" single family residential district TRANSPORTATION ASSESSMENT: Master Thorouzhfare Plan The Master Thoroughfare Plan recommends that N. Carroll Avenue be a 3- lane, undivided arterial street with 94' of R.O.W. Adequate R.O.W. has been dedicated. The Master Thoroughfare Plan recommends that Dove Street be a 5-lane, undivided arterial street with 94' of R.O.W. Currently, both these projects are not listed as a CIP project. Existima Area Road Network and Conditions N. Carroll Avenue currently is a 2-lane, undivided collector street. It will be expanded to a 3-lane, undivided arterial with enough pavement to be a 5-lane arterial if needed. Sunshine Lane is a 2-lane, undivided local street. There are no plans for major improvements to this street. Dove Street is a 2-lane, undivided collector street. It will be expanded to a 5-lane, undivided arterial street. Case No. Attachment A ZA01-027 Page 1 May, 2001 traffic counts on Carroll Avenue (between Highland and Dove Street): Table #1 24hr North Bound B 2,089 South Bound (SB) (2,303 NB Peak A.M. 193 8-9 a.m. Peak P.M. 227 4-5 p.m. SB Peak A.M. 304 7-8 a.m. Peak P.M. 188 5-6 p.m. May, 2001 traffic counts on Dove Street (between Carroll and Kimball Street)• Table #2 24hr West Bound (WB) (2,679 East Bound (EB) (2,719 WB Peak A.M. 196 7-8 a.m. Peak P.M. 385 6-7 p.m. EB Peak A.M. 324 7-8 a.m. Peak P.M. 229 5-6 p.m. Master Trail Plan Current Trail MasterPlan: The proposed Parks Master Trail Plan indicates an eight (8) foot multi -use trail along the east side of Carroll Avenue and a natural multi -use trail along the Dove Creek flood plain. Park Board Recommendations This property will be required to go before the Park Board for re- consideration and recommendation prior any plat being brought forth. DRAINAGE ANALYSIS: There are 3 ponds on the property east of the creek. This area in its existing state drains into Dove Creek, which drains north through this site and through the northwest portion of Hunter's Ridge Subdivision. There is a 100 year floodplain and floodway along the boundary Dove Creek. From there, the creek runs through several tracts on Dove Street and into an existing box culvert across East Dove Street. There is a tributary that drains into Dove Creek from the south. This tributary starts at Highland and runs north through whispering Dell Estates Subdivision and joins Dove creek. A drainage and flood study will be required on the creek downstream of this development with the Preliminary Plat submitted. A study of the downstream areas of the creek will determine what the affect on downstream properties will be and whether detention will be required. If downstream conditions won't handle the increased runoff from this proposed site, the developer will be required by ordinance to detain the increased runoff. WATER & SEWER: There is an existing 6" water line on the west side of N. Carroll Ave. and an existing 8" sanitary sewer line along Dove Creek. There is an existing 8" water line on the east side of Sunshine Lane. The developer will be required to build a 12" water line beginning at the existing 12" line located at the north property line of Johnson Elementary. It will need to extend to the north property line of this site along N. Carroll Ave. Case No. Attachment A ZA01-027 Page 2 P&Z ACTION: April 5, 2001; Approved (7-0) to table at the applicant's request and to continue the Public Hearing to the April 19, 2001, Planning and Zoning Commission meeting. P&Z SPEAKERS: April 19, 2001; Approved (6-0) to table at the applicant's request and to continue the Public Hearing to the May 3, 2001 Planning and Zoning Commission meeting. May 3, 2001; Denied (5-0). June 21, 2001; Denied (6-0) In Favor Qualified In Favor Opposed Other 1 13 1 13 CITY COUNCIL ACTION: May 15, 2001; Remanded back to Planning & Zoning Commission. July 17, 2001; Approved I" reading (7-0) for "SF -IA" single family residential district. August 7, 2001; Approved to Table 2nd reading on Consent (5-0) and continue the public hearing to the August 21, 2001, City Council Meeting. STAFF COMMENTS: Prior to the first reading of this item, the applicant amended their zoning change request from "RPUD" to "SF -IA" single family residential district. The City Council accepted and approved the amended request. No plan is required with the "SF-1 A" zoning change. Due to the recommendation for denial by the Planning and Zoning Commission, as well as surrounding property owner opposition greater than 20%, a super majority vote in the affirmative is required for approval. NACommunity Deve1opment\WP-FILES\MEM0\2001cases\01-027ZDP442.doc Case No. Attachment A ZA01-027 Page 3 Vicinity Map Haltom Creek Estates 1000 0 1000 2000 3000 Feet IN S Case No. Attachment B ZA01-027 Page 1 Four Peaks Development, Inc. July 12. 2001 Mr. Dermis Killough Senior Planncr Cite of Southlake 1400 Main St. Ste 3 10 Southlake. Texas 76092 RE: ZA 014)27 Hidden Creek Estates Dear Dennis. Please accept this letter as our formal request to amend the subject zoning case from R-PUD to the less intense use of SF-1 A. It is our understanding that this case will go before the Southlake City Council next Tuesday- the 17"i. Please send or fax me a copy of the agenda for the Council meeting when it is available. Thank you for Your attention to this matter. Sincerely. n David McMahan REC'D JUL 12 2001 726 Commerce St., Ste. 109 • Southlake. TX 76092 • (817) 329-6996 • Fax (817) 481-4074 Case No. ZA 01-027 Attachment C Page 1 Surrounding Property Owners Haltom Creek Estates Case No. Attachment D ZA 01-027 Page 1 Surrounding Property Owners (a- Haltom Creek Estates Property Owner Zoning Land Use Description Acreage 1. N. Bhogavalli 1. AG 1. Low Density Residential 1. 5.08 2. J. Johnson 2. AG 2. Low Density Residential 2. 1.15 3. F. Shelby 3. AG 3. Low Density Residential 3. 3.97 4. M. White 4. AG 4. Low Density Residential 4. 1.24 5. D. Stapleton 5. AG 5. Low Density Residential 5. 1.44 6. J. Davis 6. AG 6. Low Density Residential 6. 0.83 7. T. Johnson 7. AG 7. Low Density Residential 7. 1.10 8. B. Stiborek 8. AG 8. Low Density Residential 8. 0.97 9. J. Gentry 9. SF -IA 9. Low Density Residential 9. 1.10 10. E. Higgins 10. SF -IA 10. Low Density Residential 10. 2.01 11. J. White 11. AG 11. Low Density Residential 11. 2.60 12. J. White 12. AG 12. Low Density Residential 12. 2.78 13. R. Reynolds (TAD 13. SF- lA 13. Low Density Residential 13. 1.13 Owner) C. Bradley (New Owner) 14. S. Luce 14. SF-lA 14. Low Density Residential 14. 1.27 15. R. Brown (TAD Owner) 15. SF-lA 15. Low Density Residential 15. 1.00 T. Stewart (Sent Letter) 16. R. Bonchak 16. SF-lA 16. Low Density Residential 16. 1.01 17. T. Chambers 17. SF -IA 17. Low Density Residential 17. 1.16 18. R. Sarpalius 18. SF -IA 18. Low Density Residential 18. 1.04 19. S. Freeman 19. SF- lA 19. Low Density Residential 19. 0.98 20. C. McDaniel 20. SF-lA 20. Low Density Residential 20. 1.18 21. K. Barz 21. SF-lA 21. Low Density Residential 21. 1.09 22. L. Garrett 22. SF- lA 22. Low Density Residential 22. 2.92 23. D. Wallace 23. SF-lA 23. Low Density Residential 23. 2.92 24. M. Hershaw 24. SF-lA 24. Low Density Residential 24. 5.45 25. L. South 25. SF-lA 25. Low Density Residential 25. 3.01 26. S. Neuse 26. SF-lA 26. Low Density Residential 26. 2.00 27. R. Yatko 27. SF-1 A 27. Low Density Residential 27. 1.53 28. W. Crane 28. SF-lA 28. Low Density Residential 28. 3.62 29. R. Derr 29. SF-lA 29. Low Density Residential 29. 6.12 30. R. Stone 30. SF-lA 30. Low Density Residential 30. 1.18 31. K. Zimmerman 31. SF-1 A 31. Low Density Residential 31. 1.41 32. J. Pannell 32. SF-lA 32. Low Density Residential 32. 1.72 33. C. McCleskey 33. SF-lA 33. Low Density Residential 33. 1.95 34. N. Moffat 34. SF-lA 34. Low Density Residential 34. 1.43 35. F. Hutchins 35. SF-lA 35. Low Density Residential 35. 1.71 36. D. Scratchard 36. SF -IA 36. Low Density Residential 36. 1.89 37. T. Mullaney 37. SF-lA 37. Low Density Residential 37. 1.75 38. M. Williams 38. SF-lA 38. Low Density Residential 38. 1.78 Case No. Attachment D ZA 01-027 Page 2 39. L. Hight 39. AG 39. Low Density Residential 39. 1.20 40. R. Birchfield 40. AG 40. Low Density Residential 40. 0.80 41. Westerra Southlake 41. NR-PUD 41. Mixed Use 41. 99.84 42. W. Booker 42. AG 42. Low Density Residential 42. 0.20 43. A. Cercone 43. AG 43. Low Density Residential 43. 0.27 44. W. Booker 44. AG 44. Low Density Residential 44. 0.41 45. KM Properties (TAD 45. SF -IA 45. Low Density Residential 45. 0.99 Owner) D. Cobb (New Owner) 46. KM Properties 46. SF -IA 46. Low Density Residential 46. 0.99 47. R. Bartholomew 47. SF-lA 47. Low Density Residential 47. 1.11 48. S. Teng 48. AG 48. Low Density Residential 48. 1.07 49. C. Richardson 49. AG 49. Low Density Residential 49. 1.47 50. W. Eastwood 50. SF-20B 50. Low Density Residential 50. 0.46 Case No. Attachment D ZA 01-027 Page 3 Surrounding Property Owner Responses NOTICES SENT: Forty-eight (48) RESPONSES: Eleven (11) responses were received from within the 200' notification area: • Ruth Stone, 1421 Whispering Dell Court, Southlake, TX, opposed, "There will be drainage and flooding issues and Medium Density Housing." (Received June 12, 200 1) • Sam and Chris Teng, 1312 Westmont Court, Southlake, TX, qualified in favor. See attached letter. (Received June 18, 2001) • Diane Sarpalius, 1790 Hunters Creek Drive, Southlake, TX, opposed, "1.) We understand that the property will be developed but cannot support anything less than full, 1 acre per home, lots. 2.) We also oppose brick fencing in our back yard! No brick wall dividing subdivision. 3.) No water drainage directed toward our homes at all! We are saturated!" (Received June 20, 2001) • Robert Bonchak, 1820 Hunters Creek Drive, Southlake, TX, opposed. See attached letters. (Received June 20, 2001) • Debra R. Cobb, 1045 Carroll Meadows Court, Southlake, TX, opposed, "We were promised one acre lots. We are within 200 feet." (Received June 18, 2001) • Kim and Jeff Pannell, 1418 Whispering Dell Court, Southlake, TX, opposed. See attached letter. (Received June 21, 200 1) • Terry and Sue Mullaney, 1515 N. Carroll Avenue, Southlake, TX, opposed. See attached letter. (Received June 21, 2001) • Darwin Scratchard, 1410 Whispering Dell Court, Southlake, TX, opposed. See attached letter. (Received June 21, 2001). • Louise R Garrett, 1810 N Sunshine Lane, Southlake, TX, opposed, "The lot sizes are not all 1 acre — can you predict what changes I will have to make?" (Received June 21, 200 1) • Donna Wallace, 1780 N. Sunshine Ln., Southlake, TX, opposed, "What kind of prediction can you in changes I will have to make in the future?" (Received June 21, 200 1) • Clara N Richardson, 2101 N Carroll Ave., Southlake, TX, undecided, " R-PUD turned down last time because less than 1 acre on this side of 114 — should be 1 acre." (Received June 21, 2001) Nine (9) responses were received from beyond the 200' notification area: Case No. Attachment E ZA01-027 Page 1 • H. Kruckenberg, 1730 Hunters Creek, Southlake, TX, opposed. ,,,„► See attached letter. (Received June 19, 2001) • Jerry W. Lewis, 1030 Carroll Meadows Court, Southlake, TX, opposed. See attached letter. (Received June 19, 2001) • Lea Ann Minor, 1000 Carroll Meadows Court, Southlake, TX, opposed, "I was opposed the 1st time and went to all the meetings and I am still opposed. Even more so now that this isn't over!" (Received June 18, 2001) • Lee C. Dodson, DDS, 1020 Carroll Meadows Ct, Southlake, TX, opposed, "The one acre/lot development is the reason I moved to Southlake. I strongly support the plan to preserve this plan." (Received June 21, 2001) • Randy Blair, 850 Ownby, Southlake, TX, opposed. (Received June 21, 2001) • Tracy Blair, 850 Ownby Ln, Southlake, TX, opposed. (Received June 21, 2001) • Walter Nichols, 1613 Heatherbrook Ct, Southlake, TX, opposed, "Opposed to development due to increased traffic on Carroll and Dove. Access to Dove will come at some time. The R-PUD sham should be eliminated in Southlake." (Received June 21, 2001) • Paul Soulier, 525 Southbend Trail/1005 Carroll Meadows Ct, Southlake, TX, opposed. (Received June 21, 2001) • Mary Soulier, 525 Southbend Trail/1005 Carroll Meadows Ct, Southlake, TX, opposed. (Received June 21, 2001) A petition with 29 signatures was submitted on June 21, 2001. Case No. Attachment E ZA01-027 Page 2 �G"[� JU14 � 1 LUUI We STRONGLY OPPOSE the development plan for Hidden Creek Estates, City Case No. ZA01-027. Furthermore, we STRONGLY RESENT the way Bruce Payne and the city have arbitrarily removed our previous opposition since this is the same zoning case. Since the development plan is the zoning on a PUD, David McMahan and Four Peaks should have had to file another case and pay the $2300. NAI�E ��i Ohl ADDREc� l'1 • ZD 7A T 170 4 7 L/e 1933 q I Ali S� 'J ri OAI// 1 7 a,,� JJ (.i .erl5e S (See G/� 01 i Case No. Attachment E ZA01-027 Page 3 /% %d 17 c1?1ZeJ� 6�?d �6/ Case No. ZA01-027 Attachment E Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-364 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 3A1G3, 3A1G, 3A1G5, 3A1G1, 3A1G2, 3AM4, 3A1F1, 5B3, 5B, 5112A, 5B2, 4E, AND 4, SITUATED IN THE FRANCES THROOP SURVEY ABSTRACT NO. 1511, AND BEING APPROXIMATELY 95.9 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article X1, 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 "AG" Agricultural District and "SF-lA" Single -Family Residential District under the City's Comprehensive Zoning Case No. Attachment F ZA01-027 Page 1 Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly Case No. Attachment F ZA01-027 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 3A1G3, 3A1G, 3A1G5, 3A1G1, 3A1G2, 3A1G4, 3A1F1, 5B3, 5B, 5B2A, 5B2, 4E, and 4, situated in the Frances Throop Survey Abstract No. 1511, and Case No. Attachment F ZA01-027 Page 3 being approximately 95.9 acres, and more fully and completely described in Exhibit („ "A" from "AG" Agricultural District and "SF -IA" Single -Family Residential District to "SF -IA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment F ZA01-027 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. Case No. Attachment F ZA01-027 Page 5 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 12001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 92001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA01-027 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA01-027 Page 7 EXHIBIT "A" Tracts 3A1G3, 3A1G, 3A1G5, 3A1G1, 3A1G2, 3A1G4, 3A1F1, 5B3, 5B, 5B2A, 5132, 4E, and 4, being situated in the Frances Throop Survey Abstract No. 1511, and being approximately 95.9 acres. LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE FRANCES THROOP SURVEY, ABSTRACT NO. 1511, TARRANT COUNTY, TEXAS. AND BEING ALL OF THE FOLLOWING CALLED TRACTS: A 2.922 ACRE TRACT, A 20.543 ACRE TRACT. A 14.445 ACRE TRACT, A 2.308 ACRE TRACT, A 15.927 ACRE TRACT, A 29.395 ACRE TRACT, A 3.21 ACRE TRACT (TRACT A). A 3.21 ACRE TRACT (TRACT B). A 3.21 ACRE (TRACT C) AND A 1.00 ACRE TRACT DESCRIBED IN DEEDS TO JAMES C. HALTOM ET UX. OF RECORD IN VOLUNIE 13731, PAGE 0065, VOLUME 12950, PAGE 131, VOLUME 12659, PAGE 47, VOLUME 13870, PAGE 96, VOLUME 13870, PAGE 95, VOLUME 13689. PAGE 222 AND VOLUME 13870, PAGE 94, RESPECTIVELY, DEED RECORDS, TARRAN-T COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING .AT A 6" WOOD POST FOUND FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF NORTH CARROLL AVENUE AT THE MOST WESTERN SOUTHWEST CORNER OF SAID 20.543 ACRE TRACT FROM WHICH .A 5/8" IRON ROD FOUND FOR REFERENCE BEARS SOUTH 16'"40'47" EAST. A DISTANCE OF 1.83 FEET. THENCE NORTH 00127'40" WEST, ALONG THE EAST RIGHT•OF-WAY LINE OF SAID NORTH CARROLL AVENUE A DISTANCE OF 1001.57 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE .MOST NORTHERN SOUTHWEST CORNER OF SAID 29.395 ACRE TRACT FROM WHICH A 1/2" IRON ROD FOUND FOR REFERENCE BEARS SOUTH 89`28'03" EAST, A DISTANCE OF 22.12 FEET; F kw THENCE SOUTH s9'2S' 03' EAST, ALONG A BOUNDARY LINE OF SAID 29.395 ACRE TRACT A DISTANCE OF 201 42 FEET TO .� 1/2" IRON ROD FOUND FOR CORNER AT AN INTERIOR CORNER THEREOF FROM WHICH A 1/2" !RON ROD FOUND FOR REFERENCE BEARS SOUTH 89'28' 03" EAST, A DISTANCE OF 10.00 FEET. THENCE NORTH 00 05' 23" WEST, ALONG A WESTERLY BOUNDARY LINE OF SAID 29.395 ACRE TRACT A DISTANCE OF 897.48 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT THE MOST NORTHERN NORTHWEST CORNER THEREOF; THENCE NORTH 39'56' 1 1" EAST. ALONG A NORTH BOUNDARY LINE OF LAST MENTIONED TRACT A DISTANCE OF 791.07 FEET TO A RAILROAD SPIKE FOUND FOR CORNER IN A 6' WOOD POST AT AN ANGLE POINT IN SAID NORTH LINE. THENCE SOUTH SS 32' 35" EAST, ALONG A NORTH BOUNDARY" LINE OF SAID 29.395 ACRE TRACT A DISTANCE OF 578.72 FEET TO A 112' IRON ROD FOUND FOR CORNER NEAR A FENCE POST AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 17-39' 14" WEST. ALONG AN EASTERLY BOUNDARY LINE OF SAID'_9.395 ACRE 7 RACT A DISTANCE OF 6? 1-55 FEET TO A 5/8" IRON ROD FOUND FOR CORNER AT AN INTERIOR CORNER THEREOF. THrtiC'E \OPTH ,,s ; 27 EAST. ALONG A BOUNDARY' LINE OF SAID '9.395 .ACRE TRACT AND THE NORTH LINE OF SAID '_ 308 .ACRE TRACT, RESPECTIVELY. A DISTANCE OF 198.38 FEET TO A 4" X a" CONCRETE 1,10NI:NIENT FOUND FOR CORNER .AT THE NORTHEAST CORNER OF SAID 2.308 ACRE TRACT CONINION TO THE NORTHWEST CORNER OF LOT 10-R OF HUNTERS RIDGE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUNIE 388-164, PAGE 72, MAP RECORDS. TARRANT COUNTY. TEXAS: THENCE SOUTH OG=-19' 17" EAST, .ALONG THE WEST BOUNDARY LINE OF SAID ADDITION A DISTANCE OF 699 = 1 FEET TO A 4" X 4" CONCRETE MONUMENT FOUND FOR CORNER AT THE SOUTH`- "EST CORNER THEREOF CO�INION TO THE NORTHWEST CORNER OF SAID 14.445 ACRE tow TRACT, Case No. Attachment F ZAOI-027 Page 8 THENCE SOUTH 75006' 09" EAST, ALONG THE NORTHEAST BOUNDARY LINE OF SAID 14.445 ACRE TRACT A DISTANCE OF 642.29 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 38052' 49" EAST, ALONG A NORTHEAST BOUNDARY LINE OF SAID 14.445 ACRE TRACT A DISTANCE OF 30.88 FEET TO A 1/2" IRON ROD FOUND FOR CORNER NEAR A 6" WOOD POST AT THE NIOST WESTERN CORNER OF SAID 2.922 ACRE TRACT; THENCE NORTH 62002' 42" EAST, ALONG THE NORTHWEST BOUNDARY LINE OF SAID 2.922 ACRE TRACT A DISTANCE OF 199.47 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT THE MOST NORTHERN CORNER THEREOF; THENCE SOUTH -40017' 23" EAST. ALONG THE NORTHEAST BOUNDARY LINE OF SAID 2.922 ACRE TRACT A DISTANCE OF 635.77 FEET TO THE MOST EASTERN CORNER THEREOF IN THE NORTHWEST RIGHT-OF-WAY LINE OF SUNSHINE LANE (50' R.O.W.); THENCE SOUTH 61'14'07" WEST, ALONG THE NORTHWEST BOUNDARY LINE OF SAID SUNSHINE LANE a. DISTANCE OF 136.52 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT AN ANGLE POINT; THENCE SOUTH 00046'09" EAST. ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SUNSHINE LANE A DISTANCE OF 553.92 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID 3.21 ACRE (TRACT A) COMMON TO THE NORTHEAST CORNER OF THE F. THROOP NO. 1511 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A, PAGE 1030, MAP RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89058' 10" WEST. ALONG THE NORTH BOUNDARY LINE OF LAST MENTIONED TRACT A DISTANCE OF 1099.71 FEET TO A I/2" IRON ROD FOUND FOR CORNER IN THE EAST kw BOUNDARY LINE OF WHISPERING DELL ESTATES. AN ADDITION TO THE CITY OF SO[TCHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-143, PAGE 0040. MAP RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 00°45' 36" WEST. ALONG THE EAST BOUNDARY LINE OF LAST NENTIONED ADDITION A DISTANCE OF 416.66 FEET TO A 6" WOOD POST FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID 20.543 ACRE TRACT FROM WHICH A 1/2" IRON ROD FOUND FOR REFERENCE BEARS SOUTH 89`'57' 55" WEST, A DISTANCE OF 2.76 FEET; THENCE SOUTH 89057' 55" WEST. ALONG A SOUTH BOUNDARY LINE OF SAID 20.543 ACRE TRACT A DISTANCE OF 1189.44 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT AN EXTERIOR CORNER THEREOF, THENCE NORTH 00°40' 08" WEST. ALONG A WEST BOUNDARY LINE OF SAID 20.543 ACRE TRACT A DISTANCE OF 217.62 FEET TO A -4" WOOD POST FOUND FOR CORNER AT .-)�N INTERIOR CORNER THEREOF, THENCE NORTH 89'50' 13" WEST. ALONG A SOUTH BOUNDARY LINE OF SAID 20.543 ACRE TRACT A DISTANCE OF 390.30 FEET TO THE PLACE OF BEGINNING AND CONTAINING 95.913 ACRES OF LAND Case No. Attachment F ZA01-027 Page 9 1�. City of Southlake Department of Planning STAFF REPORT August 17, 2001 CASE NO: ZA01-062 PROJECT: JCBA Office Complex REQUEST: On behalf of JCBA, Blake Architects is requesting approval of a site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider site plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-062 t BACKGROUND INFORMATION OWNER: JCBA APPLICANT: Blake Architects PURPOSE: The purpose of this request is to get site plan approval in order to build a 5,993 square foot office building. PROPERTY SITUATION: The property is located on the east side of Bank Street, approximately 400' south of East Southlake Boulevard (FM 1709). HISTORY: The property was zoned "C-3" with the adoption of Ordinance No. 480. The current plat was approved by City Council on March 21, 1995. A Plat Revision for this lot is being processed concurrently. The revision proposes relocation of a lot line, abandonment of a drainage and common access easement and dedication of a new drainage and utility easement. LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: TRANSPORTATION ASSESSMENT: WATER & SEWER: Case No. ZA01-062 This property is legally described as Lot 4R-2R-2, Block A, Southlake Bank Place Addition. Retail Commercial "C-3" General Commercial District Existing Area Road Network Bank Street - is currently a north -south (2)-lane undivided roadway adajcent to the west side of this development, with direct access to East Southlake Boulevard (FM 1709.) Common Access Easement — There are currently Common Access Easements that allows this site access to State Highway 114 and Industrial Boulevard in Grapevine. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT Office 5,993 T66 8 1 2 7 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on Bank Street. There is an existing 6" water line in the east right-of-way of Bank Street. Attachment A Page 1 ESTIMATED IMPACT FEES*: There is an existing 6" sanitary sewer line located in the west right-of-way of Bank Street. Tahip # 1 Water $3,717.28 assumes 2 —1" simple meters Wastewater $2316.48 assumes 2 - 1" simple meters Roadway $4,490.32 assumes general office building) * Final Impact Fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: August 9, 2001; Approved (6-0) subject to Site Plan Review Summary No. 3, dated August 3, 2001, granting the requested variance in articulation. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated August 31, 2001. The following variances need council action: • Ordinance No. 480, Section 43.9.c.1 —buildings must meet vertical and horizontal articulation requirements. WCommunity Development\WP-FILES\MEMO\2001cases\01-062SP.doc Caw Case No. Attachment A ZA01-062 Page 2 Vicinity Map JCBA Office Complex 1000 0 1000 2000 3000 Feet W N 60 E Case No. Attachment B ZA01-062 Page 1 0 IN i�„e, +u• LBC6-991-LI9 - L609L MI'3M'IHlIgS Y Mn5 - UNtl MdOC 3LXM 'S LOLI 5`dX31 3�i�Y'1H1f105 W a tg WW IdI.Y.V.I � ^4 ' x�ldwo'� 27�ido ti%a7r � m Sao. arr q S3�e314��V e�1�IH � = n g sl I ]�g Case No. ZA01-062 ui (J eefiIt ..i 77 u J � ti I j 'III st S ZsE I i Ie \ PI I I I I� IR YY c�kx�kx}a44d p iZ I I I• I � x,rat ° v � I I D, I i I I je� � I g9g q�q �p Y8 �j�jpp j pg i rimZ I � a W F 0 u Attachment C Page 1 • r c `sa 111 e i i i, I i i I i i i Case No. __ ------ _------ ---------- ----------------- ---Annacnment C ZA01-062 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA01-062 Review No.: Three Date of Review: 08/03/01 Project Name: Site Plan - JCBA Office Complex, Lot 11, Block A Southlake Bank Place APPLICANT: JCBA 2515 Manana Drive Dallas, TX 75220 Phone: 214-358-5431 ARCHITECT: Blake Architects 1202 S. White Chapel Ste A Southlake,TX 76092 Phone: 817-488-9397 Fax: Fax: 817-251-3205 Attn: Roger Blake CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/23/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS AT (817) 481-2079. rr1 " alnnmant Ctanrlardc Applies. Comments <TG11G1 Lll La. � a.aV Corridor Overlay Regulations Y — See Comment No. 2 Residential Adjacency N Building Articulation Y See comment No 2 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No. 3 Interior Landscape Y Complies Driveways Y No comments Lighting Y 1. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.l.c. on all facades visible from a Corridor R.O.W. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. (Variance Requested) 2. Correct the Bufferyard Summary Chart for the west bufferyard. A 10' Type `B' Bufferyard is required. Case No. Attachment D ZA 01-062 Page 1 Informational Comments: * Ordinance 762, requires 30' turning radius for all fire lanes. The radii that are shown on the access drive to Bank Street, while less than 30', are already existing. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 75% for the "C-3" Zoning District. The impervious coverage area percentage of this is approximately 33%. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. Denotes Informational Comment att: Articulation Evaluation Chart NACOMMUNITY DEVELOPMENT\WP-FILES\MEMO\2001CASES\01-062SP.DOC Case No. Attachment D ZA 01-062 Page 2 C' A Articulation Evaluation No. 3 Case No. ZA 01-062 Date of Esvaluation: 08/03/01 Elevations for JCBA Received:07/23/01 Front - facing: West Wall ht= 10 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall len th 30 28 -7% Yes 30 19 -37% Yes Min. artic. offset 2 9 350% Yes 2 10 400% Yes Min. artic. length 7 14 100% Yes 5 16 220% Yes Rear - facing East Wall ht= 12 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 36 49 36% No 36 19 -47% Yes Min. artic. offset 2 41 1950% Yes 2 7 250% Yes Min. artic. length 12 14 17% Yes 4 17 325% Yes Right - facing: South Wall ht= 10 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 30 41 37% No 30 20 -33% Yes Min. artic. offset 2 14 600% Yes 2 9 350% Yes Min. artic. length 10 14 40% Yes 5 17 240% Yes Left - facing: North wall ht= 10 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 30 41 370-6 No 30 30 0% Yes Min. artic. offset 2 14 600% Yes 2 8 300% Yes Min. artic. length 10 14 40% Yes 7 14 100% Yes Case No. ZA 01-062 Attachment D Page 3 Surrounding Property Owners JCBA Office Complex Property Owner Zoning Land Use Acreage 1. Wyndham Properties 1. 46SP-2" 1. Mixed Use 1. 3.32 acres 2. Wyndham Properties 2. 46SP-2" 2. Mixed Use 2. 1.09 acres 3. Ram Interests, LP 3. 66I-1" 3. Retail Commercial 3. 0.86 acres 4. Gateway Properties, JV 4. 46C-3" 4. Retail Commercial 4. 0.84 acres 5. KC Development 5. 6cC-3" 5. Retail Commercial 5. 0.79 acres 6. Texas National Bank 6. 44C-3" 6. Retail Commercial 6. 1.84 acres 7. Gateway Properties, JV 7. 46C-3" 7. Retail Commercial 7. 2.00 acres 8. Gateway Properties, JV 8. "C-3" 8. Retail Commercial 8. 2.00 acres 9. Osiris Properties 9. 66C-3" 9. Retail Commercial 9. 4.89 acres 10. D. Frank 10. 66I-1" 10. Industrial 10. 1.58 acres 11. R. Pak 11. 66 1-1" 12. Retail Commercial 11. 3.35 acres Case No. Attachment E ZA 01-062 Page 1 Surrounding Property Owners JCBA Office Complex NOTICES SENT: Seven (7) RESPONSES: None Case No. Attachment F ZA O1-062 Page 1 I City of Southlake DeDartment of PlanninLy STAFF REPORT August 17, 2001 CASE NO: ZA01-063 PROJECT: Lots 11 & 12, Block A, Southlake Bank Place REQUEST: Gateway Properties, Joint Venture, is requesting approval of a plat revision. ACTION NEEDED: Consider plat revision. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-063 4 BACKGROUND INFORMATION OWNER/APPLICANT: Gateway Properties, Joint Venture PURPOSE: The purpose of this plat is to change the lot line locations and abandon a common access easement and a drainage easement. PROPERTY SITUATION: This property is located on the south east corner of the intersection of East Southlake Boulevard (FM 1709) and Bank Street. HISTORY: The property was zoned "C-3" with the adoption of Ordinance No. 480. The current plat was. approved by City Council on March 21, 1995. LEGAL DESCRIPTION: This property is legally described as Lots 4R-2R-1 & 4R-2R-2, Block A, Southlake Bank Place Addition, Thomas Easter Survey, Abstract No. 474, being 2.121 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C-3" General Commercial District P&Z ACTION: August 9, 2001; Approved (6-0) subject to Revised Plat Review Summary No. 3, dated August 3, 2001, deleting recommendation # 3. STAFF COMMENTS: The applicant has met the requirements of previous reviews with the exception of Comment No. 1 shown on Plat Review Summary No. 4, dated August 17, 2001. NXommunity Development\WP-FILES\MEMO\2001cases\01-063PR.doc Case No. Attachment A ZA01-063 Page 1 Vicinity Map Lots 11 & 12, Block A Southlake Bank Place 1000 0 1000 2000 3000 Feet 0 ►A Case No. Attachment B ZA01-063 Page 1 It Case No. ZAM-06� �<A ? "� iit C) all Al,, gig r •, Y+ Yj► qJ Jr i #t �� oil 1 L_._ � � �� � I •� 6) trill• J� d� lilt I i , toot -M ti ",-* I : < ' 1 \\ vV OftwylI'w � I h�l � b� <� t 11 1�l��lijl� �1 H IM fill Jaa ; l 04 UnKm I 32" 1,M 7�Nwiwt t, w.� I 3 J r y Yl W1 I06 0 0 N PLAT REVIEW SUMMARY Case No.: ZA01-063 Review No.: Four Date of Review: 08/17/01 Project Name: Plat Revision — Lots 11 and 12, Block A, Southlake Bank Place being a revision of Lots 4R2R1 and 4R2R2, Block A, Southlake Bank Place APPLICANT: SURVEYOR/ENGINEER: Gateway Properties, J.V. 751 E. Southlake Blvd., Ste 130 Southlake, TX 76092 Phone: 817-909-9002 Fax: Area Surveying, Inc. 135 Sheffield Drive Ft Worth, TX 76134 Phone: 817-293-5684 Fax: 817-293-5685 Attn: Roger Hart CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/15/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS, (817) 481-2079. 1. Tie all easements to a known point and to each lot crossed. Label bearings and distances where needed to properly construct the boundary of the easement. Centerline descriptions are acceptable. Informational Comments: * It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the Avigation Easement and Release shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. * A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector's office at (817) 884-1103. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. Case No. Attachment E ZA01-063 Page 1 * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Case No. Attachment E ZA01-063 Page 1 Surrounding Property Owners Southlake Bank Place Owner Zoning Land Use Acreage 1. Kc Development Corp. 1. C3 1. Retail Commercial 1. 0.793 2. Texas National Bank 2. C3 2. Retail Commercial 2. 1.835 3. Gateway Properties 3. C3 3. Retail Commercial 3. 2.00 4. Gateway Properties 4. C3 4. Retail Commercial 4. 1.10 5. Osiris Properties 5. C3 5. Retail Commercial 5. 4.892 6. D. Frank 6. C3 6. Retail Commercial 6. 1.58 7. R. Pack 7. C3 7. Retail Commercial 7. 3.352 8. Ram Interests 8. C3 8. Retail Commercial 8. 0.634 9. Wyndham Properties 9. S-P-2 9. Mixed Use 9. 3.32 10. Wyndham Properties 10. S-P-1 10. Mixed Use 10. 1.15 Case No. ZA01-063 Attachment E Page 1 r Surrounding Property Owners Lots 11 & 12, Block A, Southlake Bank Place NOTICES SENT: Eight (8) RESPONSES: None Case No. ZA01-063 Attachment F Page 1 City of Southlake Department of Planning STAFF REPORT August 17, 2001 CASE NO: ZA01-068 PROJECT: Bank One REQUEST: On behalf of Bedford -Pioneer Title Company, Gensler Architects are requesting approval of a site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider site plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Developer's Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner's Responses (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-068 7 BACKGROUND INFORMATION OWNER: Bedford -Pioneer Title Company APPLICANT: Gensler Architects PURPOSE: The purpose of this request is to get approval of a Site Plan in order to build a bank. PROPERTY SITUATION: This property is located on the southeast corner of West Southlake Boulevard (FM 1709) and Village Center Drive HISTORY: A zoning change to "0-1" Office District and a concept plan were approved on April 17, 2001. A plat revision was approved on August 7, 2001. LEGAL DESCRIPTION: This property is legally described as a portion of Tract 2 and Tract 2B2 in the John Freeman Survey, Abstract No. 529, being 1.45 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "O-l" Office District TRANSPORTATION ASSESSMENT: Master Thorouehfare Plan The MTP recommends Southlake Blvd to have 130' of right-of-way. Adequate R.O.W. exists for this road. Existing Area Road Network and Conditions The proposed site will have one (1) access onto S. Village Center Drive. Common -access drives have been provided connecting to the lots to the south and east of the subject property. S. Village Center will be a 60' local commercial roadway with a cul-de- sac turnaround at the terminus of the street. A traffic signal light exists at the intersection of Village Center Drive and E. Southlake Blvd. E. Southlake Blvd is a five lane, undivided thoroughfare with a continuous, two-way, center left turn lane. The roadway will ultimately be widened to a seven lane roadway. A deceleration lane is required for east -bound traffic turning south onto S. Village Center Drive. Adequate R.O.W. has been dedicated. Case No. Attachment A ZA01-068 Page 1 May, 2001 traffic counts on F.M. 1709 (between Kimball Ave. and Carroll Ave. 24hr West Bound (WB) (22,928 East Bound (EB) (22,405 WB Peak A.M. 1,297 Peak P.M. 2,117 EB Peak A.M. 2,076 Peak P.M. 1,436 Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT Bank w/ drive thru 4,000 1,061 72 69 105 100 Pathways Master Plan The Southlake Pathways Master Plan requires an eight (8) foot wide paved, multi -use trail along the south side of E. Southlake Blvd. The applicant is showing the trail on the site plan. WATER & SEWER: A 6" sanitary sewer line exits along the south side of E. Southlake Blvd. adjacent to the property. A 12" water line also exists along the south side of E. Southlake Blvd. ESTIMATED IMPACT FEES*: Water $5,947.65 assumes 1 - 2" simple meter Wastewater $3,706.37 assumes 1 - 2" simple meter Roadway $2,157.88 assumes bank with drive-thru * Final Impact Fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: August 9, 2001; Approved (6-0) subject to Site Plan Review Summary No. 3, dated August 3, 2001, specifically excluding any requested variances. STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated August 17, 2001. The following variances need council action: • A pitched roof on all structures having a 6,000 square feet or less footprint. The applicant has submitted 2 plan options for the building roof design. Option 1 shows the canopy without a pitched roof. Option 2 shows the canopy with a pitched roof. The applicant is requesting approval of Option 1 on the basis that providing the pitched canopy would negatively impact the architectural design of the building. Case No. Attachment A ZA01-068 Page 2 Vicinity Map Bank One 1000 0 1000 2000 3000 Feet 1� Case No. ZA01-068 01 I0 Attachment B Page 1 Case No. Attachment C ZA0I-068 Page 1 AN Case No. ZAOI-068 OPTION I without pitched roof canopy Attachment C Page 2 Uq CM Case No. ZA01-068 OPTION 1 without pitched roof canopy Attachment C Page 3 Case No. OPTION 2 Attachment C ZA01-068 with pitched roof canopy Page 4 Case No. OPTION 2 Attachment C ZA01-068 with pitched roof canopy Page 5 H it 111 l3li Case No. ZA01-068 OPTION 2 with pitched roof canopy Attachment C Page 6 SITE PLAN REVIEW SUMMARY Case No.: ZA01-068 ect Name: Site Plan — Bank One ARCHITECT: Gensler Architects Review No.: Four Robert Bruyere 5430 LBJ Freeway, Suite 400 Dallas, TX 75240 Phone: (214) 273-1500 Fax: (214) 739-8100 (ATTN: Mark Hutson) Date of Review: 08/17/01 OWNER: Bedford -Pioneer Title Company Charles C. Gumm 405 Airport Freeway, Suite 5 Bedford, TX 76021 Phone: (817) 424-4277 Fax: (817) 329-7177 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/23/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. General Development Standards Applies Comments Corridor Overlay Regulations Y See comment #2 Residential Adjacency N Building Articulation Y See comment #2 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Complies All structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. (A variance has been requested with regard to the pitched roof on the drive-thru canopy.) 2. Show the location of the trash dumpster noting the type (masonry material matching the principal building) and height (minimum 8') of screening device. The applicant does not intend to construct a trash dumpster at this time due to security issues. Instead, a trash room within the building has been provided with a door to the outside for frequent trash service pick-up. The applicant should be aware that if the service is discontinued and/or a change of use occurs, a trash dumpster must be installed meeting City requirements. * A Certificate of Occupancy will not be issued until S. Village Center Drive with the temporary turnaround is constructed. Case No. Attachment D ZA01-068 Page 1 * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All exterior lighting must comply with the Outdoor Lighting Ordinance No. 693-B. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, 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 Case No. Attachment D ZA01-068 Page 2 lr,hitrrivre. 1)nigr, c� i)1,,,,1 ,gGensler June 29, 2001 Ben Bryner Southlake Planning Department City of Southlake Southlake, Texas 76092 Subject: Bank One — Southlake, Texas Project Number: 21.1640.600 File Code: 3bd Dear Mr. Bryner and Committee Members: Attached are revised design drawings for The Bank One Retail Banking Center proposed for the Southeast comer of East Southlake Boulevard (FM17-9) and Southlake Village Center Drive. In addition to the Site Plan and Elevations we have included a 1/4' = F-0" floor plan to assist in your understanding of the proposed building articulation. We would like to request a variance from the overlay ordinance sections 43.9.C.1 items b and c as they would apply to the canopy fascia articulation and the flat roof indicated for the canopy. Our overall design concept for the building is that of a square masonry structure with a simple pyramidal roof form. Articulating the mass on all sides are variations of the F-9" thick and 16' high wall plans finished in EIFS. On the North, the wall is curved and opened to form the entry canopy, on the West, the wall presents the window fagade to the street, on the west the wall incorporates the rear/staff entry and on the East the wall is pulled to the end of the canopy to provide the terminal support mass. To conceal the central column and articulate the canopy length we have added a central support wall at the middle island. The short face of these walls are not 25% of the adjacent canopy fascia length as implied by the ordinance, in order to maintain the similarity of these wall elements to the other elevations. We have also omitted a pitch roof on the canopy for similar reasons. Our desire is to use the canopy form to balance the like elements on the East and the West sides. Our feeling is that the pitched roof would diminish this relationship and make the length and mass of the canopy more prominent. We hope that you will agree that the pitch roof would do little to enhance the overall architectural design. I would also like to note with respect to the site lighting poles and fixtures that a 20 foot pole has been utilized in order to provide an illumination of 2 foot candles per square foot in order to meet Bank One security requirement and the Texas state requirements for illumination at the LTRB Brynet062901.doc Case No. ZA01-068 30 Vest Mumoc Strect Suitc 400 Chicago Illinois 6 o 6 o 'lel: U2. 456.0123 I'as: 312- 456, 0124 Attachment E Page 1 Ben Bryner Southlake Planning Department June 29. 2001 Page 2 ATM. A reduction in the pole dimension to 12 feet would require an approximate 90% increase in the number of fixtures, islands within the approach and exit lanes of the drive through and a subsequent increase in the overall canopy length. Sinc�ereely. /^ ^ / Mark Osorio Project Architect MJO Enclosure cc: Jeff Birmingham Dan Pfeiffenbeger Ken Bratka Justin Sager Mark Francis Gensler s,, V,,i iMunio, Suecr 'IuiIL 400 C•hir�x,u Illuxm n n (, r, I•_I ..i;n •12 Iv :1-' or_.� Case No. Attachment E ZA01-068 Page 2 Surrounding Property Owners Bank One Property Owner Zoning Land Use Acreage 1. Chase Bank of Texas, NA 1. 64C-3" 1. Retail Commercial 1. 2.12 acres 2. Chevron USA, Inc 2. 6&C-3" 2. Retail Commercial 2. 0.94 acres 3. Otr/Regency Tx Realty 3. 6'C-3" 3. Retail Commercial 3. 13.15 acres Holdings 4. Wendy's International Inc. 4. "C-3" 4. Retail Commercial 4. 0.79 acres 5. Southlake Land Ltd. 5. "CS" 5. Office Commercial 5. 14.95 acres 6. Bedford Pioneer 6. 660-1" 6. Office Commercial 6. 2.73 acres 7. Southlake Land, Ltd. 7. 460-1" 7. Office Commercial 7. 1.41 acres 8. Bootstrap Investments Inc. 8. "C-1" 8. Office Commercial 8. 2.07 acres 9. W. William 9. 66 0-1" 9. Office Commercial 9. 1.00 acres Case No. Attachment F ZA01-068 Page 1 Surrounding Property Owner Responses Bank One NOTICES SENT: Eight (8) RESPONSES: One (1) response was received from within the 200' notification area: • Dennis Scifres, 301 Commerce Street #2876, Fort Worth, TX, in favor, "Quality development that will benefit all citizens." (Received August 1, 2001.) One (1) response was received from outside the 200' notification area: • Lloyd E. Raney, 209 Westwood Drive, Southlake, TX, opposed, `Because we still haven't solved the problem of entering and exiting Westwood Drive. This is a problem of someone getting hurt or killed at this intersection." (Received August 1, 2001) Case No. Attachment G ZA01-068 Page 1 City of Southlake, Texas To: From Subject: MEMORANDUM August 21, 2001 Billy Campbell, City Manager Pedram Farahnak, P.E., Director of Public Works, 481-2308 Authorize the Mayor to execute a commercial developer's agreement for Southlake Bank Place Addition, Lot 11, Block A (JCBA Office Complex). Action Requested: Authorize the Mayor to execute a commercial developer's agreement for Southlake Bank Place, Lot 11, Block A (J.C. Bernard and Associates, Inc. Office Complex), a 2.121 acre development. Background Information: The Southlake Bank Place Addition was originally platted in 1984. A plat revision, creating Lot 11, Block A, will be approved on August 21, 2001. This developer's agreement covers the construction of a public storm sewer system (reinforced concrete box culvert) and public water line. This is the City's standard developer's agreement with no variance requests. This property was originally platted in 1984 prior to the City's requirement for park land dedication; therefore, there is no park fee required. Financial Consideration: None. Citizen Input/ Board Review: None. Legal Review: This is the City's standard commercial developer's agreement originally drafted by the City Attorney. Alternatives: City Council may approve, deny, or modify the agreement. Supporting Documents: Developer's Agreement Plat Exhibit Location Map Staff Recommendation: Please place on the City Council Agenda for August 21, 2001 for Council review and approval. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Gp 3? hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off -site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond 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 the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years 3 and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; 4 f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. 5 J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON -SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the constriction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; Fool or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build- up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of H. any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR 9 IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. 10 E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. III. OTHER ISSUES A. OFF -SITE DRAINAGE B. OFF -SITE SEWER C. OFF -SITE WATER D. PARK FEES E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. 11 SIGNED AND EFFECTIVE on the date last set forth below. 12 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS am Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 13 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. 14 ND + g R tc 'N mN Y xSL g a Nm� H v n 2. Sir I c n D Lot 1R Q ! 3g 8bok 8. SOLIIHLAKE 9AW PLACE I .lt��. r N O m C r ^ > - 8 o n CD a yNy � u - vrq jT r. u u �• i � a IQu o d. g & j LIN3g� —► s �� 9� 3` OT \\ Bi R&$tea ngz �' dim ^g S � � iggf qQ r IE �FI•g3 esE N grsi- 9 xs s a �S a�R Rigg L i yB �$ gg q3 L�Sa s g G R qs z ] m �if99 6 a i2 $fit a °s5 jyj Rif 'n QL F Southlake Bank Place Addition Lot 11 , Block A (JCBA Office ComplexTTF y t4 b 3 kOFtr► wasr P mrr iamr xvo T Y L a w s WWI - kid Id!/1�'UrJI in:-`4 '1_'1404_`_'L ra+uc ul McDonald Associates, PLLC August 7, 2001 Via Fax Transmission — 817-481-2097 Mr. Bruce Payne Director of Planning City of Southlake 1400 Main Street Southlake, Texas 76092 Re. QuikTrip — ZA01-072 Rezoning and Site Pia; ZA01-073 Specific Use Permit Dear Mr. Payne, Writer's Direct Dial: !972', 7.45-4301 Writer's E-Mall: mcdonala@Iand usetx.cccm The above -referenced cases are scheduled for tonight's City Council meeting. As you know, CuikTrip had previously requested that the Council's consideration of these cases be tabled to the August 21, 2001 meeting. We have since become aware Of a second scheduling conflict and therefore request that these cases be tabled to the Council's September 4, 2001 meeting. Thank you for forwarding this request to the City Council. I look forward to seeing you on September 4th. In the meantime, if you have any additional questions, please feel free to contact me at 972-745-4301. Please note that beginning August 10, 2001, my new phone number will be 972-899-4201. ith kind regards, r� 61 VA Brenda N. McDcnald Z70 N. Denten Tap Suitel00 - • Coppeil, Texas 75019 - • Phone 972-745-4300 , - Fax 972-745-4222 Aug 15 01 04:04p Wendy Vann 817-8JU-:J.ild p• 1 August 15, 2001 FAXED City of Southlake Benjamin L. Bryner Department of Planning 1400 Main St., Suite 310 Southlake, Texas 76092 Re: Case ZA01-039 Secure Source, Inc. 1501 and 1475 Randol Mill Dear Mr. Bryner: Please consider this correspondence as a formal: request to table the above referenced case to the September 4, 2001 council meeting. If you have any questions, please call me at 817-831-6654 or my cell number is 817-832-6654. Sincerely, 1nJ Wendy Vann 1' " Charleston Homes, Inc. cc: Carolyn Holder Marian Nicastro WO NUG 15 Z55A 0 c City of Southlake • Department of Planning r STAFF REPORT August 17, 2001 CASE NO: ZA01-065 PROJECT: Tract 1A, Jesse Allen Survey, Abstract 18 REQUEST: On behalf of Johnnie and Walter Brumbalow, Terra Land and Cattle Company is requesting approval for a zoning change. ACTION NEEDED: 1. Consider 1" reading for a zoning change. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner's Responses (E) Ordinance No. 480-374 STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-065 In BACKGROUND INFORMATION OWNERS: Johnnie F. Brumbalow and Walter J. Brumbalow APPLICANT: Terra Land and Cattle Company PURPOSE: The purpose of this request is to get proper zoning in order to develop a single family residential subdivision. PROPERTY SITUATION: The property is located on the north side of West Southlake Boulevard (FM 1709), approximately 400' west of West Jellico Circle. HISTORY: There is no recent development history on this site. LEGAL DESCRIPTION: This property is legally described as a portion of Tract IA, Jesse G. Allen Survey, Abstract 18, being 15.47 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-lA" Single Family Residential District P&Z ACTION: August 9, 2001; Approved (6-0) STAFF COMMENTS: No plan is required with a request for "SF-1 A" zoning. NACommunity Development\WP-FILES\MEMO\2001 cases\01-065Z.doc Case No. Attachment A ZA01-065 Page 1 Vicinity Map Lots 2-15, Park Meadows Court 1000 0 1000 2000 3000 Feet ON M Case No. Attachment B ZA01-065 Page 1 Surrounding Property Owners Park Meadows Court Owner 1. City of Southlake 2. P. Miller 3. G. Douglass 4. P. Miller 5. G. Douglass 6. S. Stubbs 7. W. Goodell 8. W. Goodell 9. W. Goodell 10. W. Goodell 11. J. Brumbalow 12. City of Southlake 13. City of Southlake 14. V. Fabry 15. R. Justice 16. R. Castleberry 17. A. Wilson 18. Keller, Isd 19. Keller, Isd Zoning Land Use 1. AG 1. Low Density Residential 2. SF -IA 2. Low Density Residential 3. SF -IA 3. Low Density Residential 4. SF -IA 4. Low Density Residential 5. SF -IA 5. Low Density Residential 6. SF -IA 6. Low Density Residential 7. SF -IA 7. Low Density Residential 8. SF -IA 8. Low Density Residential 9. SF -IA 9. Low Density Residential 10. SF -IA 10. Low Density Residential 11. AG 11. Low Density Residential 12. C2 12. Retail Commercial 13. SF -IA 13. Low Density Residentail 14. SF -IA 14. Low Density Residential 15. SF -IA 15. Low Density Residential 16. SF -IA 16. Low Density Residential 17. SF-lA 17. Low Density Residential 18. CS 18. Public/Semi Public 19. CS 19. Public Parks/Open Space Acreage 1. 12.8 2. 0.44 3. 0.37 4. 2.160 5. 1.995 6. 2.195 7. 2.050 8. 2.103 9. 2.055 10. 1.79 11. 19.569 12. 2.176 13. 1.73.4 14. 1.411 15. 1.549 16. 1.587 17. 1.595 18. 7.887 19. 6.00 Case No. Attachment C ZA01-065 Page 1 Surrounding Property Owners Park Meadows NOTICES SENT: Twelve (12) RESPONSES: One (1) response was received from within the 200' notification area: Ellen Fabry, 131 Harrell Drive, Southlake, TX, "I went to the SPIN meeting where the developer presented his plan and I think it's a positive concept for our area." (Received August 1, 2001.) Case No. Attachment D ZA01-065 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-373 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 1A, SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO.18, AND BEING APPROXIMATELY 15.47 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Attachment E ZA01-065 Page 1 District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly Case No. Attachment E ZA01-065 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Tract IA, Jesse G. Allen Survey, Abstract No. 18, being 15.47 acres, and more fully and completely described in Exhibit "A" from "AG" Case No. Attachment E ZA01-065 Page 3 Agricultural District to "SF-lA" Single Family Residential Estate District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. Case No. Attachment E ZA01-065 Page 4 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. Case No. Attachment E ZA01-065 Page 5 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 MAYOR ATTEST: day of 92001. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA01-065 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA01-065 Page 7 EXHIBIT "A" PROPERTY DESCRIPTION Being a 15.47 acre tract of land situated in the Jesse G. Allen Survey, Abstract No 15. in Tarrant County, Texas, and being part of a called 20.00 acre as Tract one and Tract two of the Affidavit of heirship to Johnnie F. 8rumbalow and Walter J. Brumbatow, as recorded in Volume 8850. Page 632 of the Deed Records of Tarrant County, Texas, and being more particuiariy described by metes and bounds as forlows; BEGINNING at a '% inch iron rod set for northwest corner of the said called 20.00 acre tract, same being the northeast corner of Lot 1, Block 3, of the Cimmarron Acres Addition an addition to the City of Southlake as recorded in Volume 388-181, Page 8 of the Plat Records of Tarrant County, Texas, and being in the south line of Yeller I.S.D. tract as recorded in Volume $641, Page 499, of the Deed Records of Tarrant County, Texas; THENCE S 89°55'30" E, along the common line of said called 20.00 acre tract and said Keller I.S.D. Tract a distance of 654.17 feet to a % inch iron rod set for comer, said point being the northeast corner of the said 20.00 acre tract, same being the west line of Lot 23. of the Jellico Estates as recorded in Volume 388-91, Page 41, of the Plat Records ofTarrant County, Texas; THENCE S 00°03'27' E, along the common line of said called 20.00 acne tract and the west line of the Jellico Estates a distance of 1019.80 feet to a point for corner, THENCE S 89°56'33" W, a distance of 299.98 feet to a point for corner; THENCE S 00"03'2T' E, a distance of 13.77 feet to a point for comer; THENCE S 88052'32" W a distance of 356.61 feet to point for corner, said point being in the east line of the said Cimrnarron Additon and being in the west line of said 20.00 acre tract; THENCE N 00"04'36" E. along the oarnmon line of said 20.00 acre tract and Cimmarron Acres Addition a distance of 1035.50 feet to the POINT OF BEGINNING and containing 673,821 square feet or 15.47 acres of land. Case No. Attachment E ZA01-065 Page 8 4 City of Southlake Department of Planning STAFF REPORT August 17, 2001 CASE NO: ZA01-066 PROJECT: Lots 1 and 16, Park Meadows Court REQUEST: On behalf of Johnnie F. Brumbalow, Terra Land Developments is requesting approval of a concept plan. ACTION NEEDED: Consider 1" reading for a zoning change and concept plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner's Responses (H) Ordinance No. 480-373 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-066 BACKGROUND INFORMATION OWNER: Johnnie F. Brumbalow APPLICANT: Terra Land Developments PURPOSE: The purpose of this request is to receive zoning and concept plan approval for four office buildings sites on two lots (two buildings on each lot). PROPERTY SITUATION: This property is located on the north side of West Southlake Boulevard (FM 1709), approximately 400' west of West Jellico Circle. HISTORY: There is no recent development history on this property. LEGAL DESCRIPTION: This property is legally described as a portion of Tract 1A, Jesse G. Allen Survey, Abstract 18, being 3.64 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: REQUESTED ZONING: TRANSPORTATION ASSESSMENT: Case No. ZA01-066 "AG" Agricultural District "O-l" Office District Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right-of-way. Adequate right-of-way exists for this street. Existing Area Road Network and Conditions Each of the proposed lots proposes one access directly onto West Southlake Boulevard (FM 1709). Each also proposes drives onto the proposed Park Meadows Court, which is proposed to be a 60' local street. Lot 1 will also have access to the property to the west via a Common Access Easement. July 2001 traffic counts on F.M. 1709 (between Pearson Lane & F.M. 1938 24hr West Bound (WB) (16,105 East Bound (EB) (16,634 WB Peak A.M. 874 10-11 a.m. Peak P.M. 1,704 4-5 p.m. EB Peak A.M. 1743 6-7 a.m. Peak P.M. 1,106 4-5 p.m. Attachment A Page 1 ESTIMATED IMPACT FEES*: Traffic Impact I'm 1 Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT Office 15,200 167 21 3 4 19 *Vehicle Trips Per Day 1,nt 1( Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Office 12,000 132 16 2 3 15 *Vehicle Trips Per Day Pathways Master Plan The Pathways Master Plan recommends that an eight (8) foot, paved Multi - Use path along the north side of F.M. 1709 (W. Southlake Boulevard). Tahla ;V.. Water $ 23,791 assumes 4 — 2" simple meters Wastewater $ 14,825 assumes 4 — 2" simple meters Roadway $ 20,380 assumes general office buildings) *Final Impact Fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: August 9, 2001; Approved (6-0) subject to Concept Plan Review Summary No. 3, dated August 3, 2001, specifically denying all requested variances. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated August 3, 2001. The following variances need council action: • Ordinance No. 634, Section 5.2a —driveways must be 500' from the nearest intersection on FM 1709. • Ordinance No. 634, Section 5.2C- commercial drives shall not be permitted onto local streets unless there is no other public access. • Ordinance No. 634, Section 5.2d — driveways must have a stacking depth of 50'. • Ordinance No. 480, Section 43 — bufferyard along FM 1709 must be 20' Type `M'. NACommunity Development\WP-FILES\MEM0\200Icases\O1-066ZCP.doc Case No. ZA01-066 Attachment A Page 2 Vicinity Map Lots 1 & 16, Park Meadows Court 1000 0 1000 2000 3000 Feet W N S E Case No. Attachment B ZA01-066 Page 1 •.': �• : eaarvnrr�d r elontirt�av 7 Case No. Attachment C ZA01-066 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA01-066 Review No.: Three Project Name: Concept Plan — Lots 1 & 2, Park Meadows Addition APPLICANT: Terra Land & Cattle Co. 2740 Fuller Wiser Date of Review: 08/03/01 ARCHITECT: M.J. Wright & Associates 700 E Southlake Blvd., Ste. 170 Euless, TX 76039 Southlake, TX 76092 Phone: 817-540-3993 Phone: 817-424-3664 Fax: 817-540-5422 Attn: Paul Spain Fax: 817-329-0093 Attn: Michael J. Wright CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/23/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS AT (817) 481-2079.. 1. Driveways on Southlake Boulevard must be a minimum of 500' from the right-of-way of a street intersection. The proposed driveways do not comply as follows: a. The Drive on Lot 1 is 335' from the proposed Park Meadows Court. The City of Southlake has a proposed Concept Plan on the property to the west with a full access drive onto FM 1709 which is 500' from the proposed street intersection and would provide a Common Access Easement stub into the west property line of Lot 1. (Variance requested. The applicant proposes this drive as a common drive with the City property to the west.) b. The Drive on Lot 16 is 181' from the proposed Park Meadow Court. (Variance requested.) 2. Ordinance No. 634, Section 5.2.c states that commercial drives shall not be permitted onto local or collector streets unless there is no other public access. The applicant is proposing 1 drive for each lot onto Park Meadows Court and onto FM 1709, per Staff recommendation. If variances for the driveways onto FM 1709 are denied, this requirement will not apply. (Variance requested.) 3. Ordinance No. 634, Section 5.2.d requires 50' of stacking depth for each of these lots, as proposed. On Lot 1, the north drive has 30' of stacking and the southern drive has 38' of stacking. On Lot 16, the north drive has 30' of stacking and the south drive has 28' of stacking. If either site is limited to a single driveway the stacking requirements would increase to 75'. (Variance requested.) 4. Ordinance 480, Section 43, requires the bufferyards along West Southlake Boulevard to be 20' Type `M' bufferyards. Lot 16 is only showing an 8' Bufferyard. (Variance requested. The applicant is requesting a 12' reduction in bufferyard to acount for 12' of R.O.W. to be dedicated for a deceleration lane.) 5. Change the sidewalk along Southlake Boulevard to a paved 8' meandering multi -use trail. Case No. Attachment E ZA 01-066 Page 1 Informational Comments: �w * The parking is being calculated for General Office uses, which is 8 parking spaces for the first 1,000 square feet, and 1 space for each 300 feet afterwards. The calculation for medical offices uses is 8 spaces for the first 1,000 square feet and 1 space for each additional 150 feet. If the applicant plans on having medical spaces the parking calculations will change and the number of required parking spaces will increase from those shown on this concept plan. The ability to park the site as well as effects on impervious coverage may reduce the permitted building area from that shown on future site plans. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * An access permit is required from TxDOT to construct a driveway onto Southlake Blvd. Four (4) sets of applicable plan sheets must be submitted to this office for forwarding to TxDOT. This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43, Part III "Residential Adjacency Standards" as well as the Corridor Overlay Zone regulations in Section 43, Part II. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: • Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as amended. • Spill -over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. Case No. Attachment E ZA 01-066 Page 1 08,02/2001 15:52 FAX TERRA LAND & CATTLE CO. 1 u ITIMUM JZl DATE: August 2, 2001 TO: Tara Brooks City of Southlake FROM: Paul Spain RE: ZA01-066 Concept Plan-1 & 2 Park Meadows Additions Please consider this as our request for a variance for driveways to the above -mentioned project. Our entire project is just over 600' wide. The offices are planned as residential looking one-story offices. We moved the proposed driveway on lot 1 to the western most property line and plan to share a driveway with the proposed project to our west. By combining the access needs of the two projects, we will eliminate one access point. This is in agreement with Terry Harper. Also, we will be dedicating additional ROW for the deceleration lane for this driveway. We are also requesting a variance for the proposed driveway to lot 2 because of the drainage structure at the east boundary line. There is a multi -barrel box culvert draining the water under FM 1709 from our east property line at the east end of our site. We have moved the driveway as far east as it will go without interfering with the drainage. Again we are dedicating ROW for the deceleration lane for both this drive and Park Meadow Court. Our planning and engineering team has met several times with city staff to go over all the options. We respectfully request approval of this joint plan. 1102 WA EUD 2 2 0 01 Terra Land & Cattle Co. •• 2740 Faller Wiser Rd. * Euless, Texas * 76039 * 817-540-3993 • Fax 817-540-5422 �• Case No. Attachment E ZA 01-066 Page 1 Surrounding Property Owners Park Meadows Court 3 6 4 7 5 o I F Cro Owner Zoning Land Use 1. J. Brumbalow 1. AG 1. Low Density Residential 2. W. Goodell 2. SF-lA 2. Low Density Residential 3. R. Slayton 3. SF -IA 3. Low Density Residential 4. Horn & Toad Properties 4. AG 4. Low Density Residential 5. M. Schaefer 5. AG 5. Low Density Residentail 6. P. Schaefer 6. AG 6. Low Density Residential 7. J N S Land Family Limited Prt 7. SF-lA 7. Low Density Residential 8. City of Southlake 8. C2 8. Retail Commercial 9. City of Southlake 9. SF-lA 9. Low Density Residential Case No. ZA 01-066 Acreage 1. 19.569 2. 1.79 3. 1.22 4. 4.025 5. 1.16 6. 2.36 7. 4.019 8. 2.176 9. 1.734 Attachment F Page 1 Surrounding Property Owner Responses Park Meadows NOTICES SENT: Nine (9) RESPONSES: None Case No. Attachment G ZA 01-066 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-374 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 1A SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND BEING APPROXIMATELY 3.64 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "0-1" OFFICE DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and Case No. Attachment H ZA01-066 Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a Case No. Attachment H ZA01-066 Page 2 public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the 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: Case No. Attachment H ZA01-066 Page 3 Being a portion of Tract 1A, Jesse G. Allen Survey, Abstract 18, being 3.64 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural to "0-1" Office District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit `B". SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment H ZA01-066 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. Case No. Attachment H ZA01-066 Page 5 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment H ZA01-066 Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment H ZA01-066 Page 7 EXHIBIT "A" PROPERTY DESCRIPTION 13emg a 3.64 acre tract of land situated in the Jesse G. Allen &vvey, Abstract No. 18, in 1 arrant County, Texas, and being part of a C�akd 20,00 am as TraCt One and Tract twv of the Aff davit of Heirship to Johnnie F. Brunta law and Woner J. Bnuribalow, as recorded in VQiWn're 8850. Fate 632 of the teed Rec m a of Torrannt County, Texas. and being more partieulady described by rrieles and bounds as fdkms: COMMENCING at a "A invh iron~ rod set four nit CXn1er of the said called 20-00 acne Iraq, same -being the rxxtheast comer of Lot 1, Blom 3. of the Ctmrnarrcm Acres Addiharr an adoWn to VV (;sty Ot Souttdaiiw as regarded in Volume 388-181, Page 8.0 the Plat Retards or Tarrant Courtly, Texeia, and bring in the south One of Keller I.S.D. tract as recorded in VI'olvnV 5641. Page 499, of the Oaed Records nfTarralnt County, Texas: .r HENCE S 88'55!30' E, abng fie convam ** of sold Caked 20.00 acre tract and said Mier f. S. ID Tract a dWanoe of 654.17 feet to a A inch iron raid set for corner, said point Wrrg the northeast corner of the said 20.Da acre Vact, wane Ming Me wQ0 kne of Lot 23. of the Jeltico Estates as retarded in Vo4urne 306-91, Page 41, of the f ial R000rds of Tarrant County, Texas; THENCE S 00'03'27" E, 810M the oonvwn Me of said called 20-00 acre tract and the west lire of the Jc*w Ewwwo a distonm of t019.80 beet to the POWT OF BEGINNMG: THENCE S 00003'Z7" E. along the camrnon line of said Caged 20 00 aCre tract arrd the west line of the Jeilico Estates a distionce of 221.19 feet b a % inch imn rod set in the new right-ol- way tine of F-fit. t tr 1709 fa rarwWe width nght-at vsay}, and being in a curve 10 the right havlr'j a m6us vf 5604 58 feet and a dells angle of 03'26'22". THENCE alwV the swd now nght-af-way line of F.M. Highway 1709 an arc distance of 340.D4 legit to a Highway Righl-af-wary Monurnent found for comor THENCE S:DV36'34" W. continuing along ttwnewrighl-of-way Tina oftaid F M. Highway 1709 a distance of 63.58 feet In a fS kWh iron rod so for Cornier, THENCE N 87'4B'19" W, Continuing along the new right-of-way line of said F.M- l iighwoy 1709 a d islance of 158 78 feet to a 'A inch i ron rod set for comer, said point Ming in a cu rve to .tie right halving a radius of 5544.58 feet and a delta angle of 00'69` 7". 1 HEWA: Conti suing al ong the said new rigM-al-way w* of F. M i lighway 1709r are arc distance of a7 06 feet to a % inch iron rod so her collier, said point being in the east line of the said Cim"won Addl taon and being in the west line of said 20.00 acre waa, I HENCE N 00'04 ' 36- E. along the common line of said 20.00 sue tract and Cirsurerfon Acres Addrbon a dish nee of 242.71 fast to a pant;. THENCE N 89052'32' E a distance of 3150.61 feet tQ paint for corner, T H 5-1* CE N 0D203'27" W. a distance of 13.77 fO of to a poir>,t for corner; TitENCE N B9'56'33" F. a distarKm of 299.95 feel to the POINT OF BEGINNING along the Common line of said Calmed 20.00 acre tract and the west line of the JeNico Estates and 4;ontaiirMrg 158,725 square feet or 3.64 acres of land. FED JUN 1 L c001 2A CA- V -71 Case No. Attachment H ZA01-066 Page 8 EXHIBIT "B" h Y I 3c3c ppp'p I e.� � r,s3 b i�U Case No. ZA01-066 Attachment H Page 9 City of Southlake Department of Planning STAFF REPORT August 17, 2001 CASE NO: ZA01-067 PROJECT: Park Meadows Court REQUEST: On behalf of Johnnie and Walter Brumbalow, Terra Land and Cattle Company is requesting approval of a preliminary plat. ACTION NEEDED: Consider preliminary plat request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Preliminary Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-067 BACKGROUND INFORMATION OWNERS: Johnnie F. Brumbalow and Walter J. Brumbalow APPLICANT: Terra Land and Cattle Company PURPOSE: The purpose of this plat is to subdivide one tract into 16 buildable lots. The applicant is concurrently processing a request for "SF -IA" zoning on the north 15 acres (Lots 2 —15) and a request for "0-1" office district zoning with a concept plan on the south 4 acres (Lots 1 & 16). PROPERTY SITUATION: This property is located on the north side of West Southlake Boulevard (FM 1709), approximately 400' west of West Jellico Circle. HISTORY: There is no development history on this property. LEGAL DESCRIPTION: This property is legally described as Tract IA of the Jesse G. Allen Survey, Abstract 18, being 19.11 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District ,,,, P&Z ACTION: August 9, 2001; Approved (6-0) subject to Plat Review Summary No. 3, dated August 3, 2001. STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated August 3, 2001. NACommunity Development\WP-FILES\MEMO\2001cases\01-067PP.doc Case No. Attachment A ZA01-067 Page 1 a Case No. ZA01-067 Vicinity Map Park Meadows Court 1000 0 1000 2000 3000 Feet W N 0 E Attachment B Page 1 Gi "a3 = ti j fijp 3t f[ y a.. psu-ppYpY y p5h N kXj ] yg ° i �.✓ o L — — ----- T IF —�-- , I 6.SP vpX I a1 j S ep4 --.- -- - ell �- ad §yg1 ke"$ § Q a de a dd —- ---I1- nu.. ❑ I„y� i -- rT- �-�-r.= ---""---r- ----- €d° r `—t_ 1 l—_-Tl-j' _�.-__ �• EYY!^ ]�N}� fi 1 71 b.. Case No. Attachment C ZA01-067 Page 1 PLAT REVIEW SUMMARY Case No.: ZA01-067 Review No.: Three Date of Review: 08/03/01 Project Name: Preliminary Plat — Park Meadows Courtbeing 19.11 acres in the J G Allen Survey Abstract No. 18 APPLICANT: Terra Land and Cattle Company 2740 Fuller Wiser Road Euless, TX 76039 Phone: 817-540-3993 SURVEYOR/ENGINEER: DeOtte, Inc. 2553 East Loop 820 North Fort Worth, TX 76118 Phone: 817-589-0000 Fax: 817-540-5422 Attn: P. Spain, T. Bain Fax: 817-590-8600 Attn: Richard DeOtte CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/23/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS 817-481-2079. 1. Provide easements for water, sewer, drainage and common access in compliance with approved construction plans (including concept or site plans.) 2. Provide a minimum 60' radius for the cul-de-sac. 3. Show and label the 8' Multi -Use Trail along the southern portion of the site. If any of the trail meanders from the Parkway into the proposed lots a Pedestrian Access Easement needs to be provided. The following should be informational comments only — _ ---- Although the lots shown meet the minimum area criteria, staff is concerned about the sufficiency of the buildable area on lot 9. The applicant is proposing to fill the existing stock tank to provide adequate buildable area. * Denotes Informational Comment Case No. ZA01-067 Attachment D Page 1 Surrounding Property Owners Park Meadows Court Owner 1. City of Southlake 2. P. Miller 3. G. Douglass 4. P. Miller 5. G. Douglass 6. S. Stubbs 7. W. Goodell 8. W. Goodell 9. W. Goodell 10. W. Goodell 11. R. Slayton 12. Horn & Toad Properties 13. M. Schaefer 14. P. Schaefer 15. J N S Land Family Limited Prt 16. City of Southlake 17. City of Southlake 18. V. Fabry 19. R. Justice 20. R. Castleberry 21. A. Wilson 22. Keller, Isd 23. Keller, Isd Case No. ZA01-067 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Zoning AG SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA SF -IA C2 SF -IA SF -IA SF -IA SF -IA SF -IA CS CS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 1? ti I Land Use Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Retail Commercial Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Public/Semi Public Public Parks/Open Space Acreage 1. 12.8 2. 0.44 3. 0.37 4. 2.160 5. 1.995 6. 2.195 7. 2.050 8. 2.103 9. 2.055 10. 1.79 11. 1.22 12. 4.025 13. 1.16 14. 2.36 15. 4.019 16. 2.176 17. 1.734 18. 1.411 19. 1.549 20. 1.587 21. 1.595 22. 7.887 23. 6.00 Attachment E Page 1 Surrounding Property Owners Park Meadows Court NOTICES: Eighteen (18) RESPONSES: None Case No. ZA01-067 Attachment F Page 1 City of Southlake Department of Planning MEMORANDUM August 17, 2001 TO: City Council FROM: Bruce Payne, AICP, Planning Director SUBJECT: Ordinance No. 480-LL- Outdoor Storage and Screening Amendments. REQUESTED ACTION: Consider proposed Ordinance No. 480-LL regarding provisions for outdoor storage and screening. BACKGROUND: 1999 - The Original Outside Storage regulations were in Section 38 of Ordinance 480. City Council determined that the rules (for non- residential areas) were vague and did not address shopping carts, vending machines, or facades of outside storage screening areas. Also, the regulations assumed the presence of a primary building on site. City Council instructed staff to revise the outside storage regulations to address these concerns. 2/15/00 - Ordinance 480-HH was approved by City Council. The revisions to the Outside Storage Regulations required a SUP for all Outside Storage (45.11) in a non-residential area and added shopping cart storage into the Accessory Use Section (34.1). Regulations included a provision for the amortization of non -conforming uses. The regulations required that after February 22, 2001, no outside storage or display that is not in conformity with Ordinance 480-HH shall be allowed unless a specific use permit is approved for such use. 2/20/01- The Planning staff raised a number of questions and concerns to City Council regarding the outside storage regulations as adopted (Ordinance 480 HH). Staff believed that the literal application of the regulations exceeded the City Council's intent and could possibly result in litigation. More specifically concerns about the Outside Storage regulations included the following: • Requires that all outside storage areas (existing and future) be granted a specific use permit by City Council. Staff estimated �i•� that there are approximately 50 operations in the City that do not conform to the current ordinance regulations in terms of outside storage. • Outside storage areas located within the corridor overlay zone are subject to the same screening regulations as areas located outside the corridor overlay zone. • General construction activities such as road construction and commercial construction are required to be screened. • Outside storage areas on sites with and without principal buildings are subject to the same screening requirements. • Outside storage is considered an individual use as opposed to a characteristic of a use. • Amortization provisions. • Limits the types of materials that can be stored in a retail garden center to only those listed specifically in the ordinance. Many materials typically stored in a retail garden center are not allowed. • Does not allow vendors associated with approved city festivals (i.e. Art in the Square) to sell or store goods. • No provisions for variances from the ordinance are provided. • Does not allow vending machines to be located outdoors (i.e. city parks). Based on staff s concerns, the City Council declared a 180 day extension on the amortization deadline to bring all outside storage areas in the City into compliance. The City Council also instructed staff to revise the outside storage regulations to address the issues raised. 3/2001 to 5/2001- Staff revised the outdoor storage regulations. The issues that staff focused on addressing in the revision included: • Existing uses with outside storage versus new uses with outside storage. • Regulation of uses located inside the corridor overlay district versus uses located outside corridor overlay district. • Amortization regulations 2' i. 1 • Sales of plant materials versus non -plant sales. • Primary versus ancillary outdoor storage. • Construction activity. • Periodic markets. 6/12/01 - Staff held a worksession with City Council to review proposed changes to the Outside Storage regulations. The changes to the Outside Storage Regulations included: • Eliminates the Special Use Permit process and requires all outdoor storage areas to be indicated on the site plan, concept plan and/or development plan along with elevations indicating screening material and height. • Regulations governing outdoor storage are distributed to the Corridor Overlay, Screening, and Accessory Use sections. • Uses with outdoor storage areas which are located within the corridor overlay zone are subject to more stringent requirements than uses located outside the corridor overlay zone. • Removal of the amortization provisions of the existing outside storage regulations. • Provides variance provisions (approved by City Council). • Does not treat outdoor storage as a use. Instead the focus is on screening all materials associated with outside storage on a consistent basis. • Proposed new definitions include: 1) Primary Storage; 2) Ancillary Storage; and 3) Screening Types (I, II, III). • Allows outdoor vending machines to be stored at city parks and at commercial locations provided that the vending machines are not clearly visible from the R.O.W. • Allows some seasonal merchandise to be stored outside without screening. 6/29/O1-Staff presented the proposed changes to business owners and store managers most directly affected by the proposed changes (Businesses operations located in the corridor overlay that currently 3 r have or may have a need for outside storage). Forty (40) notices were sent. Representatives from all the grocery store chains and most of the bigger retail businesses were present at this meeting. 7/05/01-The proposed ordinance was presented to the Planning and Zoning (P&Z) Commission. Below is a summary of the P&Z Commission's recommended changes along with a staff response to those recommendations: • The regulations as presented provided limits to the height and amount of sidewalk area that could be covered by seasonal display items; however, the regulations did not include bulk limitations. The P&Z Commission recommend that staff develop a type of bulk limitation (e.g. percentage of the front of a store where seasonal displays could be stored). Staff Response: Staff recommended that the storage area for seasonal display not exceed 30% of the linear frontage of the primary building. The language is provided on page 43-11 of Attachment A (Corridor Overlay Zones Section) and on page 39-2 of Attachment B (Screening Section). In addition, staff provided an exhibit showing the allowable location of seasonal display items (See Attachment A - Page 43-23-exhibit G). • The P&Z Commission recommended that staff prepare a non - exhaustive list of examples of seasonal goods that are allowed to be stored in front of the building without screening, as well as a non -exhaustive list of examples of seasonal goods that are not allowed. The purpose of this list is to give guidance to the zoning administrator and businesses guidance in determining the type of goods that could be stored in front of a business. Staff Response: Staff developed a list of seasonal goods that may be stored in front of the building without screening. The list was primarily developed by visiting businesses in the corridor that are currently storing display items outdoors and selected items that appeared appropriate for seasonal display. Also, staff recommended that goods associated with the various holidays such as pumpkins, American flags, Christmas reefs, etc. be allowed. In addition, staff developed a list of merchandise items which are not appropriate for outdoor seasonal display. These items are generally items that are purchased year around. However, staff did include swimming pools and swing sets on the non -allowable list (See Attachment A, page 43- 10-item f-section iv and Attachment B, page 39-2, bullet #1). • The regulations as presented recommended seasonal goods not be readily identifiable by type or product name from the adjacent public right-of-way by reason of package labels, sale tag markers, El signs or otherwise. The Planning Commission recommended that this same language be applicable to adjacent residential property. Staff Response: Staff included this language (See Attachment A, page 43-12-1st bullet and Attachment B, page 39-2-7" bullet). The P&Z suggested that before businesses be allowed to display seasonal goods, that they formally delineate on the ground where the displays will be located (with a painted demarcation line, etc.). Staff Response: Staff recommended against requiring businesses to delineate on the ground where seasonal storage is allowed. While a painted demarcated line may be appropriate at a big box retail store, requiring businesses in Town Square and other shopping centers to paint lines on the sidewalks in front of the store would not be aesthetically pleasing. Staff feels that the inspection department can easily determine by a visual inspection if a business has exceeded its allowable storage area. The P&Z requested that staff explore the possibility of allowing lawn equipment and other machinery to be part of seasonal displays. Staff Response: Staff recommended that mechanical equipment associated with lawn and garden maintenance be allowed in conjunction with a promotional event. The equipment may not be stored outside more than three (3) continuous days. Also, the equipment must be removed and returned indoors at the end of the business day. 7/17/01 - City Council approved extending the amortization deadline to bring existing outdoor storage, display and screening into compliance with Ordinance No, 480 HH an additional sixty (60) days in order to allow the Planning and Zoning Commission more time to review the proposed changes to the outdoor storage regulations. 8/9/01-Planning Commission reviewed the revise regulations which incorporated their recommendations of 7/5/01. The Planning and Zoning Commission recommend approval of Ordinance No. 480-LL (6-0). FINANCIAL CONSIDERATIONS: None LEGAL REVIEW: The City Attorney's Office has reviewed the proposed revisions to the outside storage ordinance. 5 SUPPORTING DOCUMENTS: The proposed changes to the ordinance are indicated on Attachments A through F. Additions to the regulations recommended by staff are indicated by gray shading. Additions to the regulations that were recommended by the Planning and Zoning Commission are indicated by a gray shading and underline. Deletions to the regulations are indicated by a strikethrough. Attachment A -Proposed changes to Section 43-Overlay Zones Attachment B-Proposed changes to Section 39-Screening Attachment C-Proposed changes to Section 34 -Accessory Uses Attachment D-Proposed additions to Section 4 - Definitions. Attachment E-Proposed deletions to Section 45 -SUP Attachment F-Proposed changes to Schedule of Permitted Uses Attachment G-Ordinance No. 480-LL BP/KMB Attachments (7) N:\Community Development\WP-FILES\MEMO\Ordinance 480LL.doc Gi ATTACHMENT A PROPOSED CHANGES TO SECTION 43 OVERLAY ZONES SEE PAGES 43-3 & 43-10 SECTION 43 OVERLAY ZONES (As amended by Ordinance No. 480-C) (As further amended by Ordinance No. 480-S) (As further amended by Ordinance No. 480-CC) (As further amended by Ordinance No. 480-GG) (As further amended by Ordinance No. 480-JJ) I. AIRPORT OVERLAY ZONE 43.1 AIRPORT ZONING ORDINANCE - Certain areas of the City are or may be impacted by noise and other activities associated with commercial aviation operations originating and terminating at Dallas/Fort Worth International Airport. The impacted areas are shown on the Airport Overlay Zone Map attached to the Airport Compatible Lane Use Zoning Ordinance No. 479 adopted by the City. In addition to the regulations set forth in this ordinance, development in these areas shall be subject to the regulations and restrictions set forth in the Airport Compatible Land Use Zoning Ordinance. 43.2 BUILDING PERMITS - No building permit or certificate of occupancy shall be issued for any use within the Airport Overlay Zone unless such use is in compliance with the requirements of this ordinance and the Airport Compatible Land Use Zoning Ordinance. II. CORRIDOR OVERLAY ZONE 43.3 INTENT - In accordance with the Comprehensive Land Use Plan and the regulations in this section, the following summarize the intent for each of the corridors in the City. It is the intent within all corridors to encourage retail and institutional uses to develop at the major intersections where they can benefit from both east -west and north -south traffic access. The State Highway 114 (SH 114) Corridor and the Village Center are intended to be comprised of destination activities such as employment and retail centers. They will reflect comprehensive planning, and have elements of a uniform urban design that mirror the residential quality of the city. The FM 1709 Corridor is intended to be primarily a corridor of residential subdivisions, with some local service retail, offices and institutional uses at major intersections. The FM 1938 Corridor is primarily a service area for Southlake, Keller and North Richland Hills. It is intended to be a mixture of light industrial, large scale retail and wholesale uses. It may include auto service and repair uses. 43.4 PURPOSE - The purpose of the SH 114 Corridor Overlay Zone is to provide for consistent development of office, retail, commercial, and residential areas along a major traffic Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-1 corridor through the City of Southlake. The purpose of the Village Center is to identify a �w unique area of the City which is bounded by SH 114, FM 1709 and Carroll Avenue, to encourage pedestrian oriented retail and entertainment uses having high quality urban design characteristics. The purpose of the FM 1709 Corridor Overlay Zone is to provide for consistent developments of residential, office, local service retail and institutional areas along a major traffic corridor through the City of Southlake. The purpose of the FM 1938 Corridor Overlay Zone is to provide for consistent development of light industrial, large scale retail and wholesale areas along a major traffic corridor through the City of Southlake. The standards set forth herein are designed to enhance the visual image of the corridors and maximize traffic safety. 43.5 DEFMTION AND APPLICABILITY - The Corridor Overlay Zone includes the entirety of all properties which adjoin or are located within 100 feet of the future SH 114 ROW, the FM 1709 ROW, and FM 1938 ROW. or any property which provides for vehicular access to said Rights -of -Way or which provides for vehicular access to an arterial street within 500' of said Rights -of -Way. The Corridor Overlay Zone also includes the area bounded by SH 114, FM 1709 and Carroll Avenue, designated as the Village Center. Development within the Village Center shall meet all criteria for the SH 114 Corridor or the FM 1709 Corridor as established herein. The standards and regulations set forth in the Corridor Overlay Zone are superimposed and shall supersede the standards and regulations of any underlying zoning district which are in conflict. 43.6 PERMITTED USES - Permitted uses shall be in accordance with the underlying zoning district. However in C-2, C-3 and C-4 districts, tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself and nursery yards may only be allowed as a Specific Use Permit. 43.7 ACCESSORY USES - Any accessory uses allowed in the underlying zoning district shall be permitted. 43.8 SPECIFIC USE PERMITS - Any specific use permits allowed in the underlying zoning district shall be permitted. 43.9 DEVELOPMENT REGULATIONS - Except as follows, any development regulations set forth in the underlying zoning district shall be applicable. a. Concept Plan and Site Plan Reauired - Any applicant for zoning within the Corridor Overlay Zone must submit concurrent with their zoning application, a Concept Plan which meets the requirements of Section 41 or a Site Plan which meets the Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-2 requirements of Section 40 of the Zoning Ordinance No. 480 as amended. All properties zoned at the effective date of this ordinance which do not have a Council approved Concept Plan or Site Plan on file with the City shall submit a Concept Plan or Site Plan meeting the above requirements prior to the submittal of a building permit request. A Site Plan must be approved by Council prior to the issuance of a building permit. All Concept Plans and Site Plans may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of Ordinance 480, as amended. b. Variances - At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Section and to Section 35.6, "Number of Off -Street Parking Spaces Required." A parking space variance can only be at the request of the Owner/Applicant and cannot be required by the City Council as a part of their approval of any Concept Plan, Site Plan, Developer's Agreement or by any other means. The City Council shall be limited to granting a variance to no more than ten percent (10%) of the required number of off-street parking spaces. (As amended by Ordinance No. 480-CC). 1. To receive a variance, the applicant must demonstrate one of the following: (a) A variance will reduce the impact of the project on surrounding residential properties; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. In addition, to receive a variancefrom the outdoor storage regulations' in this section, the applicant must demonstrate that the variance will not substantially impair the intent and purpose of the regulations of this. ordinance and the following: (e) Compliance will result in the destruction of an existing masonry screening device; or Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-3 (f) Compliance would present extraordinary difficulties in the use of the property; or (g) Compliance would substantially impair the architectural' design of structures dedicated or related to the use. 2. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance, the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. 3. If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six (6) months subsequent to the denial. C. General Development Standards - The following standards shall apply to all non - single family residential development in the Corridor Overlay Zone and the Village Center unless noted otherwise. For any non -single family residential use or building developing within 400' of single family residential property, development regulations set forth in Part III ("Residential Adjacency Standards") of this section shall also be required. (As amended by Ordinance No. 480-CC). 1. Architectural Standards: (a) Masonry Requirements: These standards shall apply to facades which are visible from the following roadways and their respective rights - of -way: SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709, FM 1938, and roadways designated as having sixty -foot (60') or greater rights -of -way in the Thoroughfare Plan. All facades of the applicable buildings shall be constructed with the same material and all buildings shall meet the masonry requirements as set out in Ordinance No 557, as amended. However, such masonry Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-4 requirements shall exclude the use of cement, concrete tilt wall and other masonry materials of similar characteristics. In addition, the use of standard concrete block shall be limited to 10% of any facade visible from adjacent public ROW. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications. It shall be the sole authority of the Chief Building Official to determine when synthetic products are comparable in strength and durability to stucco finishes. These synthetic products shall be installed per the manufacturer's standards by certified installers and shall be subject to staged inspections throughout the construction process. The use of synthetic products (e.g., EIFS, Hardy plank, or other materials approved by the Chief Building Official, as noted above) shall be limited to eighty percent (80%) of the building's exterior finishes, exclusive of all windows, doors, and glass construction materials. (b) Roof Design Standards: In an effort to screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof as defined in Section 43.12 of this ordinance. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides). Standing seam metal roofs shall be constructed of a factory -treated, non-metallic, matte finish. Metal roofs with lapped -seamed construction, bituminous built-up roofs, and flat, membrane -type roofs which are visible from adjacent public ROW shall be prohibited. (c) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709, and FM 1938 and any adjacent public ROW. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-5 Rooftop mechanical equipment and / or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible from adjacent public ROW. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. (d) Facade Articulation: On all non -single family residential buildings, all facades which are visible from SH 114, Carroll Avenue between SH 114 and FM 1709, or FM 1709, the following horizontal and vertical articulation must be met (see Exhibit 43-A for clarification). i. Horizontal Articulation: No building facade shall extend greater than three (3) times the wall's height without having a minimum off -set of 15% of the wall's height, and such off- set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. ii. Vertical Articulation: No horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall's height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. (e) Exposed Columns: Exposed structural support columns shall be constructed of, or clad in, the same masonry material as the principal structure. Architecturally significant columns (e.g. fluted, etc.) may be permitted. (f) Architectural Fencing: All architectural fencing which runs roughly parallel to the SH 114, Carroll Avenue, FM 1709, FM 1938 rights -of - way, shall be constructed of the primary masonry materials of the building, wrought iron or living plant material. It shall not run in straight line without being off -set by a minimum of 6 feet every 60 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-6 feet. It shall be located no closer to the ROW than one half the width of the required bufferyard. (g) Reflective Glass: No more than 50% of any facade may be reflective glass. For the purposes of this ordinance, reflective glass shall be defined as glass having a reflectance of greater than 10%. (h) Height: Same as in underlying zoning, unless the building is constructed within Village Center. All properties which are located within the Village Center shall be further limited in height to the underlying zoning district or maximum elevation of 710 feet (National Geodetic Vertical Datum of 1929), whichever is lower. 2. Site Design Standards: (a) Building Setback: All lots within the Corridor Zone shall maintain a minimum building setback of 50 feet adjacent to SH 114, FM 1709 and FM 1938 rights -of -way and the east ROW of Carroll Avenue. All other building setback regulations shall be the same as in the underlying zoning district except as otherwise noted herein. (b) Parking Area Restriction: No parking shall be allowed in any required bufferyard. (c) Loading and Service Areas: Loading and service areas shall be located at the side or rear of buildings. A minimum 10 foot solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. This 10 foot wall must screen the entire loading dock or space. Screening materials shall utilize similar masonry materials to the front facade. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. (d) Trash Receptacles and Recycling Receptacles: Trash and recycling receptacles shall be four sided with a gate and located outside bufferyards, and to the side or rear of the principal building. They shall be screened by a minimum eight foot (8') solid masonry screen and shall utilize similar masonry materials to the principal structure. Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 UMA (e) Play Structures: Play structures shall not be placed outdoors between the primary building and any adjacent public ROW. (f) Plan Review: In addition to other factors set out in the Zoning Ordinance, Concept Plans, Development Plans, and Site Plans shall be reviewed for: i. Meeting the intent of the landscape provisions in the Landscape Ordinance No. 544, as amended, and the buffering and screening provisions herein and in Section 42 (Bufferyards) and Section 39 (Screening) of the Zoning Ordinance No. 480, as amended. ii. Achieving the intent of Architectural Standards and Site Design Standards. iii. Proper site entry identification and site circulation to avoid congestion at ingress and egress points. 3. Landscape Standards: All sites shall, as a minimum, meet the following standards and the standards set out in the Landscape Ordinance No. 544, as amended, and Section 42 (Bufferyards) of the Zoning Ordinance, as amended. Where the following standards conflict with the Landscape Ordinance and the Bufferyards Section of the Zoning Ordinance, these requirements shall prevail: (a) Bufferyard Plantings: The plants shown in Exhibit 43-B shall be required per one hundred feet (100') of ROW frontage for the referenced bufferyard. The Landscape Administrator may approve the substitution of canopy trees for the required bufferyard shrubs at the ratio of one (1) 4" caliper canopy tree for every six (6) shrubs up to a maximum of 50% of the required bufferyard shrubs. (b) Required Bufferyards: The bufferyard required shall be based on the underlying zoning district designation as shown in Exhibit 43-C. For S-P-I, S-P-2 and PUD districts the bufferyard shall be determined based on the district which most closely resembles the proposed land use. Any building which has a loading dock which is located at the Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-8 side or rear of the building and is visible from SH 114, Carroll Avenue or FM 1709 shall provide a bufferyard in accordance with Table One, however the calculated quantity of canopy trees shall be doubled along the rear property line. (c) Plant Material Sizes: Plant materials shall meet the size requirements set forth in the Landscape Ordinance, as amended. (As amended by Ordinance No. 4804J.) (d) Plant Material Selections: Plant materials selected for planting within the bufferyards are recommended to come from but not be limited to the following plants: SH 114 Canopy Trees: Bur Oak, Red Oak, Leyland Cypress Other Corridor Canopy Trees: Cedar Elm, Lacebark Elm, Red Oak, Leyland Cypress, Live Oak, Bur Oak. Accent Trees: Tree Yaupon, Red Bud, Eldarica Pine, Wax Myrtle, Ornamental Pear, Mexican Plum, Possumhaw. (e) Sites Larger Than Five Acres: On sites in excess of five (5) acres, the Landscape Administrator may approve variations in the location of the required front bufferyard plantings to an area within two hundred feet (200') of the ROW For every additional fifty feet (50') of bufferyard width, the required number of plantings shall increase by twenty-five percent (25%) of the required number. (f) Erosion Control/Retaining Walls: Any slope embankments or retaining walls within public ROW or within the required bufferyard must be terraced every four feet (4') in height (maximum) with a minimum two foot (2) planting area provided between each vertical plane. Materials used for the vertical elements shall be natural stone, railroad tie, landscape timbers or any masonry material which matches the masonry material used on the front facade of the primary building. The planting area must contain plant materials other than grass. (g) Open Drainage Channel Standards: Any open drainage channels within the corridor overlay zone shall be constructed of materials and methods as established by the City Council. Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-9 (h) Parking Lot Impacts: The parking lot landscape area shall meet the requirements set forth in the Landscape Ordinance, as amended. (As amended by Ordinance No. 4804J.) 4. Requirements for Ancillary Outdoor Storage: The following are requirements for ancillary outdoor storage in non-residential districtslocated m ;the Corridor Overlay Zone. All uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (over night parking) shall not be permitted unless in conformance withthe following regulations: a. All proposed areas used' for-ancillary.,outdoor storage grid the associated method of screening shall be indicated on a si br"m-' ed site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials -proposed to be utilized. b. Outdoor storage screening'shall be accomplished by the construction of a minimum eight (8) foot Type I masonry wall. No portion of the screening device shall be use&far advertisingand nd display' of signage or materials. C. The Type'I screening wall shall mi at a later date. d. Outdoor storage areas shall observe all setback requirements for the principle building on the lot. All surface areas dedicated to outdoor storage must be constructed of an all weather surface material and shall be exclusive of any required parking f. Outdoor storage areas shall not be located forward of the .principal building and when possible, shall �be located at the -side of =the building not facing a public street, except for the following; items and events(See Exhibit 43-F)', :Also, the items and events"hsted below are excluded' from the scr' e7- "h ,euire' % of Section 43:9.c,4 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-10 i. newspapers; ii. Christmas trees (stored outdoor for sale beginning :one week before Thanksgiving through December 31); iii. charitable sales events sponsored by non-profit organizations provided that the event does not exceed five (5) consecutive days at any one location. iv. Certain seasonal merchandise _provided that the conditions listed in this `section are met- (All non-residential uses which have outside'storage are subj ect to the: regul'ahons i 43:9.c:4 f iv regardless of the date that a, site':plan, concept plan or development plan was approved). • Acceptable items or merchandise to be stored -,..and displaX outside without screeningincludes those items and similar types of -items listed below: l living_nlant materials, 1) bundled firewood; 3) merchandise -associated' with -,the Southlake DPS). • No=more than 50% ,of the pedestrian path; sidewalk or hard surface area located` parallel to, the front of'the building Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-11 intended for the egres,s of pedestrians along the front of the building shall be used for storage, providing' that the remaining_pedestrian path, sidewalk or hard surface area ;shall contain no less than 5' (See'Exhibit 43-G)''. • Storage area not to exceed 30% of the jinedr frontage of the primary building (See Exhibit 43-G). • Such merchandise for sale is not located further than _1'5' from the principle building. • Such merchandise for sale is not located within required landscaped areas, required parking areas, fire lanes, fire access ways, or exit ways and is located on a all weather surface. • Such display of goods shall be maintained in a neat orderly manner and not be stacked higher than a height of four (4) feet. Height regulations .shall not apply to living plant materials or the sale of Christmas trees. • Package materials displayed` -outdoors shall not be readily identifiable by'type or;product name from adjacent_ -public streets or =adjacent residential property by reason of package labels,'sales-tag markers, signs or otherwise: • Such merchandise must not impede traffic flow: or block site distance on the street. g. Outdoor Storage by transient salespersons is prohibited, except those uses associated with a city approved festival or, marketplace. h. Outdoor Storage must comply with the screening requirements set forth in Section39. Tf tfie regulations ins this sectio'n'conflict with those in Section 39 the most stringent regulations take precedence. i. Materials stored` outdoors, excluding vehicles,. trailers, and mobile machinery or equipment,, shall: be stacked no higher than one(l) foot below the top of the screen. Also, all reasonable' measures shall be taken Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-12 to ensure materials are not clearly visible from elevated roadways (See Exhibit 43-H). j. When reviewing site plans, development plans or 'cone associated with the ancillary outdoor display and sale of li` material (i.e. garden center) and its associated materials, Council may waive the requirement `for the Type .I screen ar. combination of wrought _iron" and_ masonry materials (sun principle building) provided that the applicant clearly de - onst plans submitted 'that the associated materials. meet the requirements outlined below; Any items typically associated with a retail garden center.such as mulch, lawn equipment, propane items., barbecue grills, paving stones, landscape timbers, bird baths, garden chemicals, etc. may be stored witbin this area provided that these items are not prominently displayed or feat fired from the public right-of-way through` the wrought iron portion of the screening wall. This may be accomplished by one of the following: 1) attaching a semi -opaque (Type 1I).mesh material to the wrought iron portion of the screen; 2)'placing living plantmaterials such that these plants serve as a semi -opaque screen for the .non living. plant material; or �3) stonng these goods behind the masonry portion of the screen wall in a manner that the goods are not clearly visible from�the public right of=way The Type II screen must meet the articulation 'requirements set':forth W Secfion 4313.d. k. The following situations are excluded from the requirements of Section 43.9.c.4: i. -general construction activities and ii. operations with primary outside storage 5. Requirements for Primary Outdoor Storage The -following are requiremer for primary 'outdoor storage in. non-residential districts "`located in= t Corridor Overlay Zone. All uses with, primary outdoor storage of any .goon materials, merchandise, equipment, >parts,.. dunk or vehicles ,(over ri parking) shall not be perrnitted unless: m conformance with the `fohow regulations. Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-13 a. All areas used for primary outdoorstorage and the associated method =of screening shall be indicated on a submitted site plan, development plan or concept plan along with scaled elevation' drawings indicating .the type of screening and materials proposed to be utilized. b. All operations that have primary outdoor storage (except .those uses specifically identified in Subsection 43.9.c.5.d & e) are also subject to the requirements` in Subsection 43.9:c.4 and Subsection 39, except for the following: adjacent screening'.of the principle outside storage material from the public right -of way -,-' ay may be accomplislied through any acceptable Type III- screen; and' ii. the Type III screen is not ' subject to the articulation requirements set forth in 43.13.d. c. The primary outdoor storage of living plant:material stored on the ground is not subject to the screening requirements in this Sections.43.9.4 or 43.9.5. All equipment, "tools, vehicles, etc. associated with the upkeep and maintenance of the living, plant material that are stored outdoors are subject to the.regulations in..Section 43 9 c.4. d. A periodic market held in an open area, such as a farmers' onflea market, where groups of individual sellers offer goods_ for sale are not subject to the -regulations in Section 43.9.c.5. e. General construction activities are not. subject` to the regulations in Section 439.c.5. III. RESIDENTIAL ADJACENCY STANDARDS 43.10 The following residential adjacency standards shall apply to all non -single family residential buildings or uses located within the Corridor Overlay Zone, the Village Center, and those buildings and/or uses lying within four hundred feet (400') of single family residential property. These standards are in addition to the development regulations applicable to the underlying zoning district and the corridor overlay zone (where applicable). When any requirements Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-14 in this section are in conflict with any other requirements for the underlying zoning (low district, the more stringent requirements shall apply. 43.11 PURPOSE AND INTENT - In order to preserve and protect the integrity of residential neighborhoods within the City of Southlake, and in an effort to protect the quiet enjoyment of single family residential properties and to maintain property values, the City has determined that it is necessary and appropriate to adopt specialized regulations for non - single family residential uses and buildings that develop within 400 feet of single family residential properties. 43.12 DEFINITIONS AND APPLICABILITY - For purposes of Part III of Section 43, the four hundred foot (400') distance shall be measured from the non -single family residential building and/or use to the property line of the single family residential property and the following terms shall be defined as: Non single Family Residential Use or Building - All nonresidential district uses or buildings as well as two-family and multiple -family residential district uses or buildings. Pitched Roofs - A roof system having two or more slopes, excluding visible flat or built-up roofs. Single Family Residential Property - Any lot or tract of land with single family residential zoning (i.e., RE, SF-lA, SF-1B, SF-30, SF-20A, SF-20B, and R-PUD) or any lot or tract of land designated as low or medium density residential on the Land Use Plan. Visible - Capable of being seen at a height of six feet (6) while standing at the highest grade on the residential property line. 43.13 DEVELOPMENT REGULATIONS: In addition to the development regulations set forth in the underlying zoning district, a plan meeting the requirements set forth in subparagraph 43.9a of this section and meeting the following additional development regulations shall be required to be submitted for any use or building that develops within 400 feet of single family residential properties. When applicable, line -of -sight drawings shall be submitted with the application to assess issues of visibility. a. Masonry Requirements: All facades of the applicable buildings shall be constructed with the same material(s) and all buildings shall meet the masonry requirements as set out in Ordinance No 557, as amended. However, such masonry requirements shall exclude the use of cement, concrete tilt wall and other masonry materials of Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-15 similar characteristics. In addition, the use of standard concrete block shall be limited to 10% of any facade which is visible. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications. It shall be the sole authority of the Chief Building Official to determine when synthetic products are comparable in strength and durability to stucco finishes. The use of synthetic products (e.g., EIFS, Hardy plank, or other materials approved by the Chief Building Official, as noted above) shall be limited to eighty percent (80%) of the building's exterior finishes, exclusive of all windows, doors, and glass construction materials. b. Roof Design Standards: In an effort to screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides). Standing seam metal roofs shall be constructed of a factory -treated, non-metallic, matte finish. Metal roofs with lapped -seamed construction, bituminous built-up roofs, and flat, membrane -type roofs which are visible shall be prohibited. c. Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite or otherwise attachedtoe. This shall th building include equipment on the roof, on the ground or located on the site. Rooftop mechanical equipment and / or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All rooftop mechanicals or architectural at features sitedescribed plan approval shall be shown on the required building elevations the time of d. Facade Articulation: On all facades the following horizontal and vertical articulation must be met (see Exhibit 43-A for clarification). Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-16 �w i. Horizontal Articulation: No building facade shall extend greater than three (3) times the wall's height without having a minimum off -set of 15% of the wall's height, and such off -set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. ii. Vertical Articulation: No horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall's height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. e. Height: Same as in underlying zoning. f. Loading and Service Areas: Loading and service areas shall be located at the side or rear of buildings. Where visible, a minimum 10 foot solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery. This 10 foot wall must screen the entire loading dock or space. Screening materials shall utilize similar masonry materials to the building's facades. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. g. Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling receptacles shall be located within fifty feet (50') of single family residential property. Trash and recycling receptacles shall be four sided with a gate and located outside bufferyards, and to the side or rear of the principal building. They shall be screened by a minimum eight foot (81) solid masonry screen and shall utilize similar masonry materials to the building's facades. h. Setbacks / Yards: No non -single family residential building may encroach in the area property. above a line having a slope of 4:1 from any single family residential However, a structure may be built up to within 40 feet of the residential property line, provided that the structure is no greater than one story or 20 feet in height. (See Exhibit 43-E for clarification.) Any applicable structures abutting a local street (i.e., residential street and cul-de-sac as defined in the Thoroughfare Plan) shall provide minimum front and side yards equivalent to the front and side yards required for the single family residential property within 400,' but not less than the front and side yards otherwise required in the underlying zoning district. Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-17 i. Spill -over Lighting: No use or operation shall produce direct or indirect illumination err across a residential property line except in compliance with the current lighting ordinance, as amended. (As amended by Ordinance No. 480-GG.) j. Noise: Noise levels shall comply with the requirements of the current noise ordinance, as amended. (As amended by Ordinance No. 480-KK.) k. Variances: Variances to the development regulations in this Section shall be limited to those set forth in Section 43.9 b of this ordinance. Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-18 EXHIBIT 43-A BUILDING ARTICULATION H = Height of building MHFL = Maximum horizontal facade length MVFL = Maximum vertical facade length MHOL = Minimum horizontal offset length MVOL = Minimum vertical offset length MHFL — 3(M MHOL = 15 %(H) � IQ, MHFL = 25 % of maximum length of either adjacent plane ISOMETRIC OF HORIZONTAL ARTICULATION ,:-:.: _ .� _ ---- _ - - •••a=:•:r — — —. ` » — 0°: ^rig n• _ ........... — — _— .. _ .:"_... _ «.r=...... - - ^tta :«..•—x��.......: �^�a..«..«:= ::rs'^S:i:::-:� �e:c:cc:iSc::c. :_ci:::i33:`i:::��iie`se� ..s .«, .........—.« ...ue::«=a::.•^::::r.::�•....................:..:::::::::::::::::::.:::::::::::::::::^:::».;....».:: PLAN VIEW - HORIZONTAL ARTICULATION 43-20 M V FL = 25 % of maximum length of tither adjacent plane ww-- _... _........... _........ ............... .e �: _ —^• — H. — — — — .w^...:..•":s„wee ELEVATION - VERTICAL ARTICULATION �,uy �.vunu August 21, 2001 EXHIBIT 43-B SUMMARY OF BUFFERYARDS Bufferyard Canopy Trees Accent Trees Shrubs Width Note G 2 3 10 25' H 3 5 12* 25' I 3 2 12* 25' J 4 3 14* 25' K 4 6 18 * 25' L 2 3 10 20' M 3 2 12* 20' N 3 5 12* 20' O 4 3 14* 20' P 4 6 18 * 20' Q 2 3 10 15' R 3 2 12* 15' S 4 4 12* 15' T 4 5 18* 15' NOTES/LEGEND • Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet (T) or greater must be planted at a minimum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-21 EXHIBIT 43-C REQUIRED BUFFERYARDS Zoning of Developing Tract S.H. 114 F.M. 1709 & E. R.O.W. Carroll between 1709 & 114 F.M. 1938 AG RE G L SF-lA G I L SF-1B G I SF-30 G L SF-20A G L SF-20B G L MH H N S MF-1 H N S MF-2 H N S CS J O R 0-1 I M R 0-2 I M R C-1 J O S C-2 J O S C-3 J O S C-4 J O S B-1 J O S B-2 J O S 1-1 K P T 1-2 K P T HC J O R * No bufferyard required Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-22 aQ1J. t.Ml RM 4/ 6H t.W9 0 EXHIBIT 43-D PARKING PERCENTAGE CALCULATIONS OU1t_DI N v ONCC Pt- ' K� 0i0 7o TOTAL avRee<K j ou'./Z\ 6A /e1_ _ — Zk% t14/t:K 17W /FM. 00,5 Y �PARKlN6�/ f07 Of Tcrr,, � t� P R t>`1G 1 �Nf 4o2 OF '=AL OWT -MEN Otoc. 1 tt.o�.+•) ` � . i AM 164/GN. ITO!/r-m. M6 aK IPE/t:K 1701/rK 11D1 3K tl-,/rt-% ITo7/FK.1.)VA NOTE: Per Section 43.9.b.3.g, landscape areas must be provided throughout the parking lot based on the percentage of the total parking spaces which are located between the building facade and the right-of-way as follows: Percentage Landscape Area Required Per Parking Stall 0-25% 13 square feet per stall 250/6-75% 18 square feet per stall > 75% 23 square feet per stall 43-23 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 EXHIBIT 43-E RFOUIRED BUILDING � TBACK FROM SiDE RFNTIA� C Residential Property Line Residential Rear Yard - 40' i Rear Yard 50 ft. T��de�t�al4toQ e`1,Oe A:� S1o4e f t°� 100 150 200 Note: Per Section 43.11, no non-residential buodingof 4:1 o a e property W th a l�o above um densitya line gresidential land from any property lime of a residentially zoned property P . However, a structm may be built up to within 40 feet of the use designation in thetComprehensive mPr11 �aL�the Use rube is iL greater than one story or 2A feet in height. residential property provided Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-24 EXHIBIT 43-F ACCEPTABLE OUTDOOR STORAGE LOCATIONS Oh 1 inG Outdoor Storage Draft -Proposed Changes to Section 43 City Council 43-25 August 21, 2001 `�, � pp I � � 't � �._ F � y I EXHIBIT 43-H OUTDOOR STORAGE -Location of Materials Proposed Changes to Section 43 City Council August 21, 2001 43-27 ATTACHMENT B PROPOSED CHANGES TO SECTION 39 SCREENING SEE PAGE 39-4 SECTION 39 SCREENING 39.1 GENERAL - Except as otherwise required in conjunction with a bufferyard, screening of uses shall be provided as required in this section. Permissive screening may be provided in any zoning district as long as it does not conflict with the provisions of this or other sections of this ordinance. 39.2 SCREENING STANDARDS a. Screening, as herein referred, shall mean a fence, wall, dense evergreen hedge or other device which is solid, made of durable material, and without holes, penetrations, or other openings other than those required for passage, and which is designed to prevent persons from seeing through. b. A screening device may be constructed solely of masonry, wood, or concrete, in combination with each other or with a metal frame. C. Any dense hedge or plant material may be used as screening provided it is landscaped and is properly maintained in a healthy growing condition. d. Landscaped earth berms may be used as screening when approved by the Administrative Official. A screening device shall be at least six (6) feet in height, but not more than eight (8) feet in height unless otherwise specifically permitted or required by this ordinance, or unless approved as a variance by the City Council in its consideration of a concept plan, development plan, site plan or a specific use permit or unless otherwise approved by the Board of Adjustment. The height of a screening device shall be the vertical distance between the ground and the top of the device. (As amended by Ordinance No. 480-HH.) f. All mandatory or permissive screening shall be erected and maintained so as not to interfere with or obstruct the view of traffic or constitute a traffic hazard on any public or private street, alley or driveway. g. A chain link fence with slat inserts shall constitute an acceptable screening device only for properties zoned I-1 and I-2 which are not located adjacent to a residentially zoned lot, tract or lot having an occupied residential dwelling, and are not located adjacent to street rights -of -way. (As amended by Ordinance No. 480-HH.) Outdoor Storage Draft Revisions to Section 39 City Council August 21, 2001 39-1 h. Where the screening requirements prescribed by this section are in conflict with screening requirements which have been established by other provisions of this (4w ordinance, the more stringent requirements shall apply. (As amended by Ordinance No. 480-HH). 39.3 RESIDENTIAL DISTRICTS a. Fences, walls and dense landscaped hedges or plantings are permitted in any residential district as a screening device; however, such screening device shall conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance. b. Multi -family dwelling uses shall be screened from view of any adjacent single family residential lot or use by a screening device located along the side and rear property lines of such multi -family use to a height of eight (8) feet. C. Non-residential uses in a residential district shall be screened from view of any adjacent residentially zoned lot or tract or lot having an occupied residential dwelling by a screening device located along the side and rear property lines of such non- residential use to a height of eight (8) feet. (As amended by Ordinance No. 480- HH.) d. Where a perimeter screening wall or fence is erected between any residential subdivision and any public right-of-way, the following requirements shall apply (As amended by Ordinance No. 480-HH.): (1) No new fence or screening wall (which is parallel to, perpendicular to, approximately parallel to, or approximately perpendicular to an existing subdivision screening wall or fence) erected after the effective date of this ordinance shall be erected to a height which exceed the height of the subdivision screening wall or fence. (2) Where a developer or homeowners' association of an existing subdivision constructs a wrought iron or other similar non -opaque fence adjacent to any thoroughfare, no screening wall or fence shall be erected after the effective date of this ordinance within the required side or rear yard which is parallel to such wrought iron or similar non -opaque fence. (3) No existing screening wall or fence shall be repaired, extended or modified unless such repairs, extensions, or modifications are done in a manner consistent with the color, material, or character of the existing screening wall or fence, and any such extension occurs along the entire length of such Outdoor Storage Draft Revisions to Section 39 City Council August 21, 2001 39-2 screening wall or fence, including where such screening walls or fences may be interrupted by streets, alleys, or other access ways. 39.4 NON-RESIDENTIAL DISTRICTS a. Fences, walls and dense landscaped hedges or plantings are permitted in any non- residential district as a screening device; however, such screening devices shall conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance. b. Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. Where the district boundary dividing a non-residential district from a residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot shall be suitably screened to a height of not less than three and one-half (3 `'/Z) feet. A variance to this section may be approved by the City Council during its review of any concept plan, development plan, or site plan requiring review by the Planning and Zoning Commission and approval by the City Council, or by the Board of Adjustment for all other concept plans, development plans, or site plans. All screening devices shall be properly maintained in perpetuity by the owner of property with non-residential uses. Failure of the owner to maintain the screening device shall constitute a violation of this ordinance. (As amended by Ordinance No. 480-HH.) C. Outside storage of trash/recycling receptacles or any garbage, refuse and trash/recycling collection and storage areas shall be at the side or rear of the building, shall be totally encircled or screened by fence, planting or other suitable visual barrier six feet (6) in height and shall have a metal door which shall remain closed at all times. These areas or receptacles shall not encroach into any required bufferyard. (As amended by Ordinance No. 480-HH.) d. Where a non-residential use abuts an existing residential screening wall or fence and a written agreement is executed between the developer and residential property owner, it shall be deemed the intent of this ordinance to allow the residential screening wall or fence to satisfy that portion of Section 39.4.b. above (relating to side and rear yard screening) as long as said screening device is maintained in good repair. Should the screening device be destroyed by more than 50% of its fair market value at the time of destruction, then the owner of the nonresidential property shall Outdoor Storage Draft Revisions to Section 39 City Council August 21, 2001 39-3 construct a new screening wall or fence which meets the requirements of Section 39.4b. (As amended by Ordinance No. 480-HH.) e. Off-street loading areas shall be adequately screened from view of any residentially zoned lot or tract or lot having an occupied residential dwelling or of any other adjacent land use. (As amended by Ordinance No. 480-11H.) 39.5 OUTSIDE STORAGE a. All areas used for primary and ancillary outdoor storage and',the associated method of screening shall be indicated on a submitted site- plan;' development plan_- or concept plan along with scaled elevation drawings Indicating the type ofscreenin_ g and materials proposed to be utilized. b. The primary outdoor storage of living, plant material stored on the ground is _not subject to the screening requirements in Section 39. All equipment, tools, lVehicles, etc. associated with the upkeep and maintenance of the living plant material. that are stored outdoors are subject to the screening regulations of Section 39 and'Section 43.9.4 if applicable. C. A periodic market held in an open area, such as a farmers' or flea market, where groups of individual sellers offer goods for sale are not subject to the outdoor storage regulations in Section 39. d. General construction activities are not subject to the -outside storage regulations in Section 39. e. Outdoor' storage areas shallnot be located forward of the principal building and when possible, shall' be located at the side of the building not &cing a public street; except for the following items -and events (See Exhibit 43-f). Also, theitems and events listed below are excluded from the screening requirements of Section 43.9.c.4: newspapers; ii. Christmas trees (stored outdoor for sale beginning one week before Thanksgiving through December '31); iii. charitable sales events sponsored by non-profit organizations provided that theeventdoes not exceed'five (5), consecutive days at any one location; and Outdoor Storage Draft Revisions to Section 39 City Council August 21, 2001 39-4 iv. Certain seasonal merchandise provided that the conditions listed in this section are met (All non-residential uses which have outside storage are subject to the regulations of Section 39.S.f.iv). d Storage area not to exceed'30%'of the linear fronts eg of the prier • Such merchandise for sale- is not located further than 15' "from_ the principle building. • Such merchandise for sale is not located within required landscaped areas, required parking,areas,, fire;lanes; fire access`ways; orexitways and islocated on- a all weather surface: Outdoor Storage Draft Revisions to Section 39 City Council August 21, 2001 39-5 • Such display of goods shall be maintained in a neat orderly manner and not be stacked higher than a height of 'four (4) feet Height regulations shall not apply to living plant, materials or the sale_ of Christmas trees. • Package materials displayed outdoors shall not be readily identifiable by type or product name from adjacent public streets by re1.ason of package labels, sales tag markers, signns or otherwise. • Such. merchandise must not impede traffic flow oiblock site distance on the street. f. Outside Storage is not a permitted in residential districts. g. Screening of the outdoor storage material associated with a primary use may be accomplished through any acceptable Type III screening device. Outdoor Storage Draft Revisions to Section 39 City Council August 21, 2001 •-1 ATTACHMENT C PROPOSED CHANGES TO SECTION 34 ACCESSORY USES SEE PAGE 34-5 SECTION 34 ACCESSORY USES 34.1 AUTHORIZED ACCESSORY USES - In addition to other uses which are customarily incidental to the principal use of the premises, the following accessory uses are specifically authorized in the listed zoning district when constructed or operated in conjunction with an appropriate principal use: ACCESSORY USE District Where Permitted a. Barns, stables, granaries, pump houses, water tanks and silos; but not including slaughter houses AG or processing of agricultural products, animals or poultry. b. Equipment Sheds AG, RE c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building unless specifically permitted in Section 40 of this ordinance. d. Private stables in areas other than the Agricultural District for the keeping of grazing animals, RE, SF-lA, SF-lB provided: (where the lot on which the structure 1. Ground accumulations of manure shall be collected and properly disposed of so as not to will be located create offensive odors, fly breeding, or in any way become a health hazard or nuisance to contains the same humans or animals. minimum lot square footage required in 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to the SF -IA and SF-lB properly retain the grazing animal(s) on the premises. zoning category) SF-30 (where the lot 3. The minimum space area upon which such grazing animal(s) may be enclosed, including on which the structure pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet will be located per each grazing animal over five hundred (500) pounds and not less than five thousand contains the same (5,000) square feet for any other grazing animal. minimum lot square footage required in 4. All enclosures for animals as provided under the terms of this subsection shall be placed a the SF-lA and SF-1B minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoning category) zoned in a residential category. e. Private residential garages, carports and related storage buildings and greenhouses accessory to AG, RE, SF-lA, SF - permitted residential uses. (As amended by Ord. 480-G.) IB, SF-30, SF- 20A,SF-20B, MF-1, MF-2, MH f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that if AG, RE, SF-lA, lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF-lB, SF-30, residential property; and further provided that any such pool or game court is for the private use SF-20A, SF-20B, of the site occupants and their guests, and not operated as a business. All "at grade" swimming MF-1, MF-2, ME pools with a water depth greater than twenty-four (24) inches and "above grade" swimming pools having a water depth twenty-four (24) inches or more, except for portable tot pools, shall be enclosed by a fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code whichever is the most restrictive of such material and design to discourage Revisions to Section 34 City Council August 21, 2001 34-1 2! unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty-four (24) inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minimum ten foot (10') setback from the closest property line. All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward of the principal building on the lot, and shall not be located closer than five feet (5') to any side or rear property line nor be located any closer than five feet (5') to another structure. (As amended by Ordinance No. 480-C.) g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG, RE, SF -IA, provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF-1B, SF-30, SF-20A, SF-20B, MF-I, MF-2 h. Required off-street parking and loading spaces. All i. Home occupation uses, as defined by this ordinance. AG, RE, SF -IA, SF-1B, SF-30, SF-20A, SF-20B, MF-I, MF-2 j. Parking and storage of private boats, camper trailers or other recreational vehicles in conformance AG, RE, SF-lA, with Section 35. SF-1B, SF-30, SF-20A, SF-20B, MF-1, MF-2 k. Model and/or sample homes for the purpose of promoting sales shall be pemutted, providing these AG, RE, SF -IA, structures are located on and within the same tract or subdivision of land being developed for sale. SF-1B, SF-30, SF- 20A, SF-20B, MF-1 1. Signs for advertising uses on the premises. HC, 0-1, 0-2, C-1, C-2, C-3, C-4, B-1, B-2, I-1 and I-2 in. Tennis courts, health clubs, and related recreation facilities provided they are for the primary use HC of guests, customers or persons associated with the principal use. n. Retail uses which are reasonably related to the principal uses within the structure provided they 0-1, 0-2, B-1, I-1, do not exceed fifteen (15) percent of the floor area of the building. 1-2 o. On site storage of records or file materials which are ancillary to or a portion of the office or 0-1, 0-2, B-1, I-1 business activities conducted within the principal office use (an example of this activity would be the file storage and records required by a title company operation). p. Retail activity of a service nature designed to provide direct service support to the businesses 0-1, 0-2, B-1 and employees who occupy the remainder of the office complex. This would be limited to those activities which are clearly supportive of office operations, such as food service in the nature of cafeterias or snack bars, news stands or gift shops providing reading material and small, consumable sundries, pharmacies or drug stores, particularly when co -located with medical or medical related office facilities, office supply stores or outlets providing support to businesses within the complex itself (stores operating under this provision shall not be limited only to sales within the office complex, but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site). 34-2 Revisions to Section 34 City Council August 21, 2001 7 ra q. Feeding pen (not commercial) accessory to farm use AG r. Retail sales incidental to principal activity I-1, I-2 s. Such other service activities as are clearly found to be directed at supporting the employees or 0-1, 0-2, B-1 business operations of the office complex. In no event shall the area allocated to retail sales exceed fifteen (15) percent of the net usable square footage of each office structure. All retail operations undertaken pursuant to this provision shall involve no outdoor storage or sales and all signage for such activities shall be contained wholly within the office structure in which the retail operation is established. No outside advertising shall be permitted. t. (Deleted by Ordinance No. 480-Z.) u. (Deleted by Ordinance No. 480-U.) v. Office or administrative areas and activities supportive of the permitted principal uses. 1-1,1-2, B-1, B-2 w. The resale of used merchandise conducted by a retail sales establishment when such resale is C-2, C-3, C-4, B-1, B- clearly secondary to and related to the sale of new merchandise. The resale of used merchandise 2, I-1, I-2 shall be limited in that used merchandise displayed for sale may not exceed 20% of the total merchandise displayed for sale. x. Public, semi-public and private parks; recreation and open space including playgrounds, ALL parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. y. One temporary construction facility and/or one temporary sales facility by a Developer, including ALL manufactured housing, not to exceed 500 square feet per facility, only during actual construction for a period not to exceed two (2) years and located on property being developed. z. Temporary concrete batching or transient mix plant for ninety (90) days plus one (1) thirty ALL (30) day extension. (As amended by Ordinance No. 480-D.) aa. Tents for the purpose of promoting retail sales for a period not exceeding twenty-three (23) days. CS, C-1, C-2, C-3, C- This use shall require a permit and shall be constructed in accordance with the provisions of the 4, 13-1, B-2, I-1,1-2, Uniform Fire Code, Article 32, as amended. It shall also meet the development regulations of the S-P-1, S-P-2, NR- zoning district in which it is being placed. No more than two permits may be issued in any one PUD year period, with a sixty (60) day separation between uses. (As amended by Ord. 480-H.) 34-3 Revisions to Section 34 City Council August 21, 2001 bb. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a building as determined in accordance with Section 4.2. Antennas installed for the purpose of municipal communications are exempted from the requirements of this section. (As amended by Ord. No. 480-J) (1) Noncommercial television satellite dishes and noncommercial radio and television AG, RE, SF -IA, SF - receiving antennas: IB, SF-30, SF- 20A,SF-20B, R-PUD, Satellite dishes Max.Ht. Dish Size Location MF-1, MF-2, MH (1 per site) (Max.Diameter) PLOT PLAN Type: REQUIRED Roof Mount 35' 10' Rear of roof not visible from public R.O.W. in front of dwelling Pole Mount 35' 10, Rear yard: > 10' from rear property Ground Mount 15' 10, line & > 10' from side property line or behind the principal dwelling but not in the side yard ( not visible from public R.O.W. in front of dwelling) TV Receiving Antenna (1 per site) Roof Mount 35' N/A Rear of roof Pole Mount 35' 35' N/A Behind the principal dwelling, but not in the side yard (2) Noncommercial radio transmitting antennas limited to 65' in height. Must be located behind AG, RE, SF -IA, SF - the principal dwelling, but not in the rear yard. Must be no closer to a property line than the 1B,.SF-30,SF-20A, maximum height of the antenna. (Complaints concerning electrical, radio, or television signal SF-20B, R-PUD, MF- interference shall be referred to the FCC.) 1, MF-2, MH PLOT PLAN REQUIRED (Previous subparagraph (3) deleted in its entirety and renumbered as below by Ordinance No. 480-W.) (3) Nonresidential satellite dishes accessory to the principal permitted use on site. 0-1, 0-2, C-1, C-2, C- 3, C-4, B-1, B-2, I-1, Type: Max.Ht. Dish Size Location I-2, HC, S-P-2, S-P-1, (Max.Diameter) CS, NR-P.U.D., Roof Mount 35' 10, Rear of roof not visible from public PLAN R.O.W. in front of principal structure Pole Mount 35' 10, Rear yard: > 10' from rear property Ground Mount 15' 10, line & > 10' from side property line or behind the principal structure but not in the side yard (not visible from public R.O.W. in front of principal structure) Revisions to Section 34 City Council August 21, 2001 34-4 cc. Shopping carts. Cart collection areas in parking lots shall not be placed in anyrequired parking CS, C-1, C-2, C-3. C- or space. Shopping carts shall not be stored outdoors for anv site approved after September 4 2001 4, S-P-1, S-P-2, and unless screened from the public rit-of-way_by a four (4) foot masonry wall. PTMII dd. Outdoor display of prepackaged ice machines and vending machines are allowed to be stored CS, C-1, C-2, C-3 C- outdoors provided that the machine(s) are not clearly visible from the public right-of-way or 4, S-P-1, S-P-2, and adjacent residential roe Si a e onprepackage ice and vending machines shall not be PUD° J P_Prty. �g g readily identifiable by type or product name from adjacent public streets. 34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any accessory building: (As amended by Ordinance No. 480-C.) a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5') to a property line located in the rear yard. b. No accessory building shall be erected within ten feet (10') of any other building, except that detached residential garages may be located not closer than five feet (5') to the main dwelling. c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the �r main building in a lot is completed and used. d. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14') in height. f. No accessory building shall be located forward of the principal building on the lot. Revisions to Section 34 City Council August 21, 2001 34-5 ATTACHMENT D PROPOSED CHANGES TO SECTION 4 DEFINITIONS SECTION 4-NEW DEFINITIONS Primary Outside Storage- outside storage and display of goods, materials, merchandise and equipment, parts, junk or vehicles (overnight, parking) that encompasses a square footage which exceeds 100% of the floor area of the principle building or outside storage and display of goods, materials, merchandise and equipment, parts, junk or vehicles used in conjunction with any use where no principle building is present. Ancillary Outside Storage- outside storage and display -of-gobds; materials,' merchandise and equipment, parts, junk or vehicles (overnight` parking) that encompasses, a square footage which does not exceeds 100% of the floor area of the principle bl d ng. Opaque Screen (Type 1)-a screen that isopaque fromr the ground to a height of at least 8' that excludes all visual contact between uses and creates a strong impression of visual and spatial separation. An opaque screen is impervious to the passage of light and may consist of a wall or, fence. Semi -Opaque Screen (Type II) - a -screen that is semi=opaque from the ground to a height of at least 8' with intermittent visual obstruction that creates a strong -.impression of visual and spatial separation. A semi -opaque screen may be composed of a mesh material used in combination with a wrought Iiron fence, landscaped earth berm,_ planted vegetation, or existing vegetation. A semi -opaque: screening device allows=the passage of some light but obscures the material behind the screening device such that it is not prominently displayed. Compliance of;planted vegetahye screens .or Fnatura, _At etation will be judged on the basis of the .average mature 'height arid' density of foliage - the subject species, or.f'eld observation of existing vegetation. Broken Screen (Type III) - a screen composed of intermi the ground to;a height of at least 8'. The broken screenis i` impression of separation of spaces with m Outdoor Storage Draft Revision to Section 4 City Council Meeting August 21, 2001 ATTACHMENT E DELETIONS TO SECTION 45 SPECIFIC USE PERMITS S F�zs�•z>igr I\ e d..,t the eut,leer _display _and sale tetsll„ storage, the s eifin_site_an s e patible all suFFeunding with land uses, Outside display ine, a „t, lns storage of afty geeds, material�r-eh n ie,l rt junL r .. el,i len ,r, aea business ens n,r,erti.�,r, n ei fie ted b exeeYt in shall not be ++e tt �u the fell unless u� grana use pefmit and vvraFv.a..vv ..t. .., i > > and uire a all ether- items- shall be--ser-eened with a fiauf (4) feet (nefi- Outdoor Storage Draft Deletions to Section 45 City Council Meeting August 21, 2001 • .. Ler- all pfope..t' with fien residential uses, exeept thesezoned 1 -z 1 ] r-urra 1 7 L.' 1, have no r-es-i—denfial adjaeeney, tL.t ifVlll 1,a1az 1. C1I1 uNN Outdoor Storage Draft Deletions to Section 45 City Council Meeting August 21, 2001 Outdoor Storage Draft Deletions to Section 45 City Council Meeting August 21, 2001 A ATTACHMENT F PROPOSED CHANGES TO THE 5CHEDULE OF PERMITTED U5E5 0 mommmomommmmmmmmmmmommmi MEMMMEMEMMMMMMMMMMMMMmmi MEMMMENEMMMMMMMMMMMMMmmi mommmmommmmmmmmmmmmmmmmi MEMMMENEMMMMMMMMMMMEMmmi EMMUMENEUMMUMEMEMEMEMEMI EMMUMEMMUMMMMUMMUMMUMMMI EMMMMENEMMMMMUMMMENUMami MEMMMEMEMEMMEMEMEMMEMmmi 0.MEMMMEMEMEMMEMEMEMMEMmmioo. mommmomommmmmmmmmmmmmmmi ATTACHMENT G ORDINANCE 480 LL CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-LL AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING OUTDOOR STORAGE REGULATIONS TO SECTION 43 "OVERLAY ZONES" AND SECTION 39 "SCREENING"; REVISING SECTION 34 TO INCLUDE ADDITIONAL REGULATIONS; ADDING ADDITIONAL DEFINITIONS TO SECTION 4 "DEFINITIONS"; DELETING SECTIONS 45.11 AND 45.1.27 IN ITS ENTIRETY; DELETING OUTSIDE STORAGE AS A USE ON THE SCHEDULE OF PERMITTED USES; 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 Texas 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 interest of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has 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: NICOMMUNITY DEVELOPMENT\OUTSIDE STORAGEW80•LL.DOC) Page 1 SECTION 1. Section 43.9, "Overlay Zones" of Ordinance No. 480, as amended, is hereby amended by adding the following provisions thereto: 1. To receive a variance, the applicant must demonstrate one of the following: (a) A variance will reduce the impact of the project on surrounding residential properties; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. , g regulations is In addition, to a variance from the storage lations m section, the applicant must demonstrate that the variance will not substantially impair the intent and purpose of the reguTati'ons_ of this ordinance and the following': (e) Compliance will result in the destruction of an existing masonry screening device; or (f) Compliance would present extraordinary difficulties: in the use of the property; .or (g) Compliance would substantially impair the architectural design of structures dedicated or related to the use. 4. Requirements for Ancillary Outdoor 'Storage: The following are requirementsfor ancillary outdoor storage iri non-residential districts located in; the Corridor Overlay Zone All uses with ancillary: outdoor storage and a. M ollowmg regulations: nimum. eight (8) foot: Z"ype I°masonry wall NACOMMUNITY DEVELOPMENMUTSIDE STORAGEI480-LL.DOC) Page 2 screening device shall be used for advertising and display of signage or materials. C. The Type I screening wall shall meet the articulation requirements set forth in Section 43.13.d. This,,,requirement. shall apply. to walls constructed simultaneously with the principal building or those added at a later date. d. Outdoor storage areas shall observe all setback requirements for the principle building on the lot. e. All surface areas dedicated to outdoor storage must be coristructed_of an all weather surface material and`shall be exclusive of any'requ,i parking f. Outdoor storage areas shall not be located forward of the principal building and when possible,: shall be located at the side of the building not facing a public street, except for the following items and events (See Exhibit 43-F). Also, the items and events listed below are excluded from the screeningrequirements of Section 43.9.c.4: i. newspapers; ii. Christmas trees' (stored outdoor for sale beginning 'one week before Thanksgiving through December 31); iii. charitable sales events sponsored:by non-profit organizations; provided that the event does not exceed'fve (5) consecutive days at anyone location. iv. Certain seasonal;merchan(lise provided that the conditions listed in.; his section _are met (Allnon-residential :uses which have outside 7 storage ,are :subject to ahe regulations in 419 c 4. regardless 'of, -the date, that a =site -plan, .concept plane'or development plan was approved). WCOMMUMTY DEVELOPMEMMUTSIDE STORAGEW O-LLMOC) Page 3 Unacceptable items or merchandise to be stored outside without screening includes those items and similar types of items listed below: 4appliances; 2) antiques;: 3) artwork; 4,1 automotive supplies; 5) bicycles; 6) food and drink products; 7) jewelry; 8) sporting goods;` 9) swimming pools;:10) swing sets; 11) motorcycles or scooters; 12) furniture, 13)°clothes; a 14) storage/shippirg.contamers nd•15) too s, 16)`bagged goods such as mulch, top"soil, fertilizer, play; sand,'_and 1?) empty propane tanks .(must ,conform to, standards .and regulations of the City of Soiithlake DPS).. • No more than 50% of the pedestrian path, sidewalk or hard surface I area located parallel r to the front ofthe building intended for the egress `o`f pedestrians along the front of* building shall be used for 'storage, providing that the ---- ---o Jr -. ►all contain no lessthan 5' (See Exhibit 43-G)' • Storage area not to exceed 30% of the linear frontage of the primary building (See Exhibit 43-G). • Such merchandisefor:sale is not located further than 15' from the principle building. • _or .w.reuirSuchmerchandieqd landscaped areas, -required parking areas, fire lanes,,, fire access ways, or exit'ways` and`'is .located`,Ona all' weather surface. • Such display of goods shall be maintained in a neat orderly manner and not be stacked higher than a height of.four(4) feet-. Height regulations shall not' apply to living plant materials. or the sale of Christmas trees. • Package materials displayed outdoors shall not be readily identifiable, by type or product name from adjacent public streets or adjacent residential property by reason: of"package labels, sales;tagYmarkers,'-s_ignor otherwise: • Sueh merchandise must riot impede traffic flow or ...0ck site distance onK'the- street. g. Outdoor Storage by'transient salespersons is prohibited;. except those uses associated with a city approve d"festival or, marketplace. h. Outdoor Storage] must 'comply with the screening' requirements set forth NACOMMUNUY DEVELOPMENMOUTSME STORAGE\480-LL.DOC) Page 4 in Section 39. If the regulations in'this section conflict with those in Section 39, the most stringent regulations take precedence. i. Materials stored outdoors, excluding vehicles, trailers, and mobile machinery or equipment, shall be stackedno higherthan one `(1) foot below the top of the screen.Also, all reasonable measures' shall be taken to ensure materials are not clearly visible'from'elevated roadways (See Exhibit 43=H). j. When reviewing site 'plans, development .plans or concept plans associated' with the.ancillary outdoor display. and sa1e, ofliving plant material (i.e. garden center) and its associated .materials; the City Council may waive the requirement' for the Type I screen and allow a combination of wrought iron and masonry materials (similar .to the principle building) provided that the applicant clearly demonstrate on the plans submitted that the associated" materials meet ,the screening requirements outlined below. Any items typically associated with a retail garden center such as mulch, lawn equipment, propane items; barbecue grills, paving stones, landscape timbers, bird baths, garden chemicals, etc, may be stored within this area provided that these items are not prominently displayed or featured from the public right -of way_ through the wrought <.iron portion of the screening wall. This maybe accomplished by one of the following: 1) attaching a seem opaque (Type II) mesh materiaHo.the s ...., s. such that these plants'serve as a sem opaque screen for the non living plant material; or 3)'storing these goodsibehuid the masonry portion of the. screen wall, in' a.manner that the.goods "are not cl"ear ly visible from the public right-of=way. The Type ITscreen must meet the articulation requirements set forth in Section 43.13.d. k. The following situations are excluded from the requirements of Section 439.c.4: i, general construction activities;.. and ii.. operations with primary outside storage 5. Requirements for Primary Outdoor Storage. The follownig..are requirements for primary outdoor. storage ui..non-residential distracts ;located in: `the Corridor Overlay Zone All uses with pnmary outdoor storage of any goods; material's, merchandise, equipment, parts, Iurnc or :!vehicles (over rugfit parking) shall not be -permitted unless in confonnance with the mllowing regulations`. a. All areas used' forprimary outdoor storage and the associated method NACOMMUNITY DEVELOPMENT\OUTSIDE STORAGE\480-LL.DOC) Page 5 of screening shall be indicated on a submitted site plan, development plan` or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. b. All operations that have primary- outdoor storage (except those uses specifically identified in Subsection 43.9.c5.d & e) are also subject to the requirements in Subsection 43.9.c.4 and Subsection 39, exceptfor the following: i. adjacent screening ofthe.princple outside storage, material from the public right -of way may be accomplished through' any acceptable Type III screen; and ii. the Type III screen is not subject to the articulation requirements set forth in 43.13d. C. The primary outdoor storage of, living .plant material stored on the ground is not subject to the screening requirements'in this Sections 43.9.4 or 43.9.5. All equipment, tools, vehicles, etc. associated with the upkeep and maintenance'of the living plant material that are stored outdoors are subject to the regulations in Section 43.9.c.4. e. General construction activities are', not subject to the regulations: in Section 43.9.6.5. SECTION 2. Section 39, "Screening" of Ordinance No. 480, as amended, is hereby amended by adding the following provisions thereto: W a. All areas used fc associated metho( plan, developmer drawings: indicati OUTSIDE STORAGE Inmary` and ancillary b. The primaryoutdoor'`storage of living plant material stored on he ground is not subject to the -screening requirements in Section 39. All N:\COMMUMTY DEVELOPMENMUTSIDE STORAGE\480-LL.DOC) Page 6 equipment,tools, vehicles, etc. associated with .the upkeep and maintenance of the living plant material that are stored outdoors are subject to the screening regulations of Section 39,and, Section 43.9.4 if applicable. C. A periodic market held in an open area, such as a farmers' or flea market, where groups of individuat sellers offer goods for sale are not subject to the outdoor -storage regulations in Section 39. d. General construction activities are not subject to the outside' storage regulations in Section 39: e. Outdoor storage areas shall not be located forward of the principal building and when possible, shall b ''located at the side of the building not facing a public street, except for the following . , items and events (See Exhibit 43-F). Also, the items and events listed below are excluded from the screening requirements' of Section 43.9 c.4: i. newspapers; ii. Christmas trees (stored outdoor for sale beginning one week before Thanksgiving through December 31) iii. charitable sales events sponsored by non-profit organizations provided that_ the event does not exceed five (5) consecutive days at any one location; and iv. Certain seasonal ,merchanc this section are met (All r storage are subject.to th-e I • Acceptable items or <.n outside without screen types of items. listed bel( firewood; 3)1 bagged gc associated: with the ho'. associated witlf�lawn an must be in conjunction be stored. outside more merchandise must be re N:\COMMUNITY DEVELOPMEN OUTSIDE STORAGE\480-LL.DOC) Page 7 ;rchandise to be stored and display ig includes those items and similar has mulch;., top soil, ff -ed at. the end of • sporting goods; 9) swimming pools; 10) swing sets; 11) motorcycles or scooters; 12) furniture; 13) clothes; 14) storagelshipping containers;'and .15) tools. • No more than 50% of the pedestrian path or sidewalk located parallel to the front of the building intended`for. the lateral movement of pedestrians shall be _used for storage; providing that the remaining pedestrian path: shall contam no -less than 5 In cases in which an operation does not have.a sidewalk or pedestrian path -'located parallel -to the building'front the hard surface area .in ; front 'of the! building will be considered the pedestrian path or sidewalk. • Storage area not to exceed 30% of the inear, frontage of the primary_ building (See exhibit 43-G). • Such merchandise for sale is not located further than 15' from the principle building. • Such merchandise _ for sale is not. located within required landscaped. areas, requued parking areas fire lanes, fire .access ways, or exit ways and is located_on a all weather surface: • Such display of goods- shall be maintained ,in a neat orderly manner and not be stacked -higher than a heightof four (4) feet. Height regulations -shall riot :apply to lining plant materials or the sale of: Christmas trees. • Package materials displayed outdoors' shall not be readily identifiable by type' or product name from adjacent public streets by 'reason of package labels, sales tag',markers, signs or otherwise: • Such merchandise must not impede traffic floww.block site distanceon the street. f. Outside Storage, is not. a permitted in residential; districts. g. Screening of the_outdoor storage matenal associated with a primai use may be accotnplished through+ 'any acceptable Type 'lII screening device. SECTION 3. NACOMMUMTY DEVELOPMENMUTSIDE STORAGE\480-LL.DOC) Page 8 Section 34.1 (cc. and dd.) "Accessory Uses" of Ordinance 480, as amended, is hereby amended by revising and adding the following provision thereto: cc. Shopping carts. Cart collection areas -in parking lots shall not be placed in CS C-1, C-2 C-3, any required parking space. Shopping carts shall not be stored outdoors for C-4, S-P-1, S-P-2, any site approved after September 4,.2001 unless screened from thepublic and PUD" right-of-way by a four (4) foot masonry wall. dd. Outdoor display of prepackaged ice machines andyending machines are CS, C-1, C72 C-3, G-4, S-P-1, S;-P-2 allowed to be stored outdoors provided that the machine(§) are not clearly and PUD" visible from the public right-of-way or adjacent residential property. Signage on prepackage ice and vending machines shall notbe readily identifiable by type or product name from adjacentpublic'streets. SECTION 4. Section 4 "Definitions" of Ordinance 480, as amended, is hereby amended by adding the following definitions thereto: Primary Outside Storage- ou building or equipment, principle bu is present. storage and display of goods,. mate Flo Ancillary Outside Storage_.- outside .storage . and - display of goods, materials, merchandise and equipment, parts, junk or vehicles ,(overnight parking) that encompasses a square footage which Zoes not exceeds 100% of the. floor area of the principle building. Opaque Screen (Type I) -a screen that is opaque from the ground to a height of at least 8' that excludes >all visual contact between uses and createsa strong_ impression of visual and spatial separation., An opaque screen is impervious to the passage, of light and may consist ofa, wall or;fence a height of at. 'Teast�8' with intermittent vis impression of`visuarand spatial separation; A of amesh-material used m'c jhib ation with' berm, planted vegetation, or existing vegetatj allows the=passage-of"some'light"but obscit device such -that -it is not prominently display N:\COMMUNrrY DEVELOPMENT\OUTSIDE STORAGE1480-LL.DOC) Page 9 screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of ;existing vegetation. Broken Screen '(Type III) - a screen composed of intermittent visual obstructions from the ground to, a height of at feast 8'.. The broken screen is intended to create the impression of separation of spaces without necessarily, eliminating visual; contact between the spaces. The screening portion may be opaque or semi opaque and consist of a wall, fence, landscaped earth berm, planted vegetation .or existing Vegetation. -'Obstructed portions `of the screen{ shall be a minimum of 20' iri fengtfi Unobstructed openings 'shall not be more than 20' in length Compliance of planted vegetation screens or natural vegetation will be jud'ged_on the basis `of the average mature height and density of foliage of subject species, or field observation. of existing vegetation. SECTION 5. Section 45.1 (27) and Section 45.11, "Specific Use Permits" of Ordinance No. 480, as amended, is hereby amended by deleting in its entirety and the remaining paragraphs of the section shall be re -lettered accordingly. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of NACOMMUNITY DEVELOPMEN'1TOUTSIDE STORAGE\480.LL.DOC) Page 10 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. 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 final 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 thereof. 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 NACOMMUMTY DEVELOPMENT\OUTSIDE STORAGE\480-LL.DOC) Page 11 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 date of passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: NACOMMUNM DEVELOPMENT\OUTSIDE STORAGE4480-LL.DOC) Page 12 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: NACOMMUNITY DEVELOPMEMMUTSIDE STORAGE\480-LL.DOC) Page 13 City of Southlake, Texas MEMORANDUM August 17, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x1527) SUBJECT: Ordinance No. 803, I't Reading, Public Art Policy Action Requested: City Council discussion and adoption of a Public Art Policy to guide future decisions related to this issue. Background Information: Historically, the City of Southlake has had only relatively informal dealings with the issue of art and the public. As the city matures, there will certainly be instances where the city will be called upon to officially review, commission, accept, erect and/or maintain, etc., items of public art. Through research, it has been found that a structured public art policy best administers what can be a very subjective process. At the regular meeting of December 5, 2000, the City Council was briefed on the merits of adopting an official policy to administer public art projects. The Council was very receptive at the time to the idea of creating an approach that maintained certain consistency when dealing with public art. Since that time, staff has worked closely with an attorney and Southlake resident, Susan Bruning, who specializes in art copyright work and similar legal capacities. The draft of this ordinance represents Ms. Bruning's suggested approaches for greatest flexibility and clear definitions. It also allows the creation of the Public Art Advisory Committee (PAAC), the appointed officials who will perform much of the public art review prior to approval by the City Council. Our city attorneys have also offered comments, and the latest ordinance is a combination of all these comments received to date. Financial Considerations: The financial aspect of this ordinance is very important. This draft of the ordinance differs from the draft the Council received several months ago wherein funding was simply suggested. The current draft contains a provision for one percent (1%) of all Capital Improvement Plan (CIP) project budgets to be set aside for dedication to the Public Art Fund. As an example, roughly $18 million in projects are in the draft CIP plan for FY 01-02. This would equate to those projects donating $180,000 to the Public Art Fund. This is a common method for financing public art in cities that have officially adopted such policies. 8G-1 i Ordinance No. 803, Public Art Policy August 17, 2001 Page 2 Citizen Input/ Board Review: Some of the basic principles of a Public Art Policy have been discussed with various members of the Entry Portal Work Group and others. The City Council has discussed a draft policy in a regular meeting. City staff has sought the help of a resident (Ms. Bruning) trained in the administration of artistic resources and has worked with Council member DuPre to fine tune the ordinance. Legal Review: Ms. Bruning, an attorney, has reviewed the Policy and offered suggestions to maintain the greatest flexibility and ease of administration. The City Attorneys have offered those same suggestions and have reviewed this latest draft. Alternatives: Alternatives include the following: • Status quo — no formal public art policy; address any future issues on an ad hoc basis when they arise — risk inconsistency • Adopt the Public Art Policy as drafted • Adopt the Public Art Policy with amendments to the committee structure, funding mechanisms, etc. Supporting Documents: Supporting documents include the following items: • Ordinance No. 803, 1st Reading, Public Art Policy Staff Recommendation: City Council consideration of Ordinance No. 803, Public Art Policy, with direction to staff as necessary. 8G-2 0 ORDINANCE NO. 803 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FOR ADOPTING'; A PUBLIC ART POLICY, TO PROSCRIBE CONSISTENT AND EQUITABLE MEANS FOR THE DESIGN, DEVELOPMENT, PROCUREMENT, ESTABLISHMENT, DISPLAY AND EXHIBITION OF BOTH ARTWORK OWNED BY THE CITY AND THAT OWNED BY OTHERS BUT ON DISPLAY ON CITY PROPERTY; ESTABLISHING A `BONE -PERCENT FOR ART" FUNDING MECHANISM; AND ESTABLISHING A PUBLIC "ART ADVISORY COMMITTEE TO REVIEW PUBLIC ART ISSUES AND MAKE RECOMMENDATIONTO CITY COUNCIL; 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 council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. WHEREAS, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX WHEREAS, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Appendix A, attached to this ordinance, establishes the Public Art Policy of the City of Southlake and all guidelines, rules and regulations pertaining thereto. SECTION 2. 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. 8G-3 this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. 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 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY 8G-5 :4 CITY OF SOUTHLAKE PUBLIC ART POLICY I. Purposes and Goals. A. Purpose — The purpose of the Public Art Program is to support a public process for incorporating Artist services and Artworks in the design of civic spaces and facilities, and to define the programs, policies and guidelines for acquiring and commissioning of art of the highest standards which shall enrich the quality of life for all residents and visitors of Southlake. B. Goals — The goals of the Public Art Program are to create a better visual environment for the residents and visitors of Southlake and to integrate the design of work of Artists into the development of eligible City projects, as expressed in the Public Art Plan. The Public Art Policy specifically seeks to: 1. encourage the selection of Artists at the beginning stages of each project who can work successfully as members of the project design team, and to encourage collaboration among all arts and building disciplines; 2. foster quality design and the creation of an array of Artwork in all media, materials and disciplines that best respond to the distinctive characteristics of each project site and the community that it serves; 3. select experienced Artists who can represent the cultural landscape of Southlake; 4. encourage the selection of Artworks that.are accessible to the public and respect the historical resources and mobility of the citizenry; 5. encourage Artists, Artworks and programs for open spaces, parks, and facilities that enhance the quality and pride of neighborhoods in the city; 6. encourage the participation by citizens in the process of acquiring and commissioning of public art; 7. encourage the role of public art in enhancing economic development and cultural tourism; 8. encourage the role of Artists and public art in the functional design of eligible projects; and 8G-6 9. exhibit art in designated facilities for the enjoyment of the public and to heighten awareness and appreciation for art. II. Definitions: A. Artist: A practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability, who produces Artworks. B. Artist Services: Professional services by Artists to develop designs for Artworks or other architectural, landscape, or urban design elements, either individually or as a member of a project design team. C. Artists Registry: A regional local, national, and international slide and digital collection of Artists and Artworks used as a resource for art, art activities, and for the public art selection process. D. Artwork: A work of visual art created by or under the direction of one or more Artists, including a painting, drawing, print, sculpture, photographic image, or multimedia work, whether 2- or 3-dimensional, existing in a single copy or in a limited edition of 200 or fewer copies that are consecutively numbered by the Artist and bear the signature or other identifying mark of the Artist. E. Deaccessioning: The removal, relocation, selling or trading of Artworks owned by the City. F. Donations (and Gifts): Art donated to the City from a private individual or institution and/or other outside sources. G. Loan: Artworks provided to the City for its use for a period of time and to be returned to the owner after the loan period expires. H. Policy: This Public Art Policy as adopted by the City Council, including any future additions, deletions or revisions thereto. I. Public Art Advisory Committee (PAAC): An ad -hoc committee that makes recommendations to the City Council on public art and art activities. J. Public Art Project: A commission, acquisition, loan or donation of Artwork to the City pursuant to this Policy, including the process by which such event is initiated, developed, evaluated, conducted and completed. III. Applicability A. This Policy applies to all Artwork commissioned by, acquired by, loaned to, or donated to the City for the purpose of public exhibition or use. B. This Policy does not apply to: 8G-7 S 1. works that are mass produced or created primarily for merchandising, advertising, ,o+ or commercial purposes; 2. works that are made by public or private school students as part of school curriculum or approved extracurricular activity; 3. works that are otherwise recognized by the City Council as being outside the scope of the Policy's purposes and goals. IV. General Criteria for Public Art Project Development. A. Aesthetic Excellence: The art projects shall strive to be of the highest aesthetic and enduring value. B. Site Specific: The relationship of art and site shall be considered in terms of integration of art and architecture with landscape, social dynamics, local character and surrounding urban context. C. Durability of Design and Materials: Art projects shall be designed with consideration of minimum maintenance requirements and maximum resistance to vandalism. V. Implementation and Oversight of Policy A. City Council: The City Council shall have ultimate authority to review, evaluate, accept, reject and oversee all phases of Public Art Projects and the implementation of this Policy. B. Public Art Advisory Committee (PAAC): 1. Creation and Composition — The City Council shall have the authority to create a Public Art Advisory Committee that is composed of seven (7) individuals. 2. Purpose — The purpose of the Public Art Advisory Committee is to act as an advisory committee to provide input and advice to the city concerning all matters pertaining to public art including the incorporation of art into the design of selected City projects and the commissioning of art pieces for public spaces and facilities. 3. Terms — Seven (7) members shall be originally appointed by the City Council in the year of adoption of the policy. The term shall be for two (2) years, with three (3) members up for appointment in the first even -numbered year after Policy adoption and each two years thereafter, and four (4) members up for appointment in the first odd -numbered year after -Policy adoption and every two years thereafter. Members shall serve until their successors are appointed, without compensation. 8G-8 l' 4. Members — Membership shall consist of two (2) members serving on the City Council, two (2) members representing the Artistic community of Southlake or an ILarts -related field, two (2) members being general citizens, and one (1) member of the Northeast Tarrant Arts Council. 5. Ex-Officio Members — Non -voting advisors to the Public Art Advisory Committee may include, but is not limited to the design architect and/or engineer, or the city's project manager. 6. Responsibilities — The PAAC shall: a. Make recommendations as to the appropriate elements to be included in specific proposals for Public Art Projects, including, without limitation, the design, execution, placement, maintenance and ownership of selected Artwork. The PAAC may employ the Public Art Project Guidelines established to assist in this process, though the Guidelines are not part of this Policy. b. Make recommendations on the appropriate methods of Artist selection; Public Art Project proposal review, selection and oversight; Artwork acquisition, display, use, maintenance, storage, and its return, sale or other deaccession, when and if applicable. c. Review proposals for Public Art Projects, make recommendations on changes, additions or deletions to such proposals, and make recommendations on final acceptance or rejection of such proposals. d. Consult with the Department of Community Services and the City Council as appropriate throughout each Public Art Project proposal and implementation process, to ensure that the Policy is implemented effectively. e. Make recommendations to the City Council on overall policies and procedures for implementing this Policy and the Public Art Projects, taking into consideration the Policy's purposes and goals and the established general criteria, and with a focus on the development, promotion, and preservation of aesthetic excellence in Southlake public spaces. f. Submit to the City Council for approval any proposed changes to previously established policies and procedures in order to maintain consistency of review and implementation. C. Department of Community Services Responsibilities 1. Maintain an inventory of publicly accessible spaces which are potential sites for placing Artworks and/or incorporating art into the design of the projects. 8G-9 T" 2. Plan, develop and coordinate existing and future sites for the incorporation of Artworks and Artist services. 3. Develop and implement Artwork projects at the specific sites, as designated by City Council. 4. Inform the Public Art Advisory Committee and/or City Council of any departmental activity related to the development and implementation of Artwork and Artist services. 5. Inform the Public Art Advisory Committee and/or City Council of planning for targeted improvement areas, which could potentially incorporate an art prof ect. 6. Maintain all public works and art places as the responsibility and property of the City. 7. Act as a liaison between the Public Art Advisory Committee, City Departments, Artists and the public. VI. Approval Process. Each Public Art Project proposal recommended for approval by the PAAC and the Department of Community Services shall be submitted to the City Council for review. The City Council may (1) request revisions and resubmission, (2) reject the proposal, or (3) accept the proposal. If accepted, the proposal shall then be made available for public review and comment in a manner designated by the City Council. Public comments on the proposal shall be provided to the PAAC and the Department of Community Services for review and consideration. The PAAC and the Department of Community Services shall then make their final recommendations on the proposal to the City Council for its determination. VII. Funding A. Percent for Art — The City Council shall determine, after all estimates of necessary expenditures and all requests for authorizations and appropriations for City Capital Improvement Plan (CIP) projects, an amount for art equal to at least one percent (1%) of the original estimated construction cost of any eligible project. For CIP construction projects, the original estimated construction cost shall be that estimated in the CIP for the year in which such funding is approved by the City Council. 1. For those projects which are only partially fimded by the city, the one percent (1%) assessment, shall be based on the city's portion of the original estimated construction cost. All city grant applications for federal, state, or county support of eligible construction projects shall include a request for funds for 8G-io Q the purpose of Public Art Projects. Additionally, the city shall actively seek to encourage its partners in all joint public/private ventures to participate in Public Art Projects. 2. As provided in the Policy, the Public Art Advisory Committee (PAAC) shall make periodic reviews, at least annually, of all CIP projects and other city construction projects. This review shall occur during the CIP planning process and annual operating budget process, for the purposes of making recommendations to the City Council regarding appropriations for works of art and art projects. 3. A Public Art Fund shall be established by the city for the purposes of administering Public Art Projects. The funds contained in said account shall be used for the selection, acquisition, installation,, and substantive structural repair and maintenance of art and art projects commissioned and/or purchased through the program. These Public Art Funds shall be maintained in accord with accepted governmental accounting procedures. All appropriations to and allocations from the Public Art Fund shall occur in accord with any legal restrictions associated with the source of funds. 4. The City Council shall authorize all disbursements from the Public. Art Fund. B. Improvement Districts — The city, at its discretion or by representation from others, may petition to create improvement districts as authorized under Section 372 of the Local Government Code for purposes which may include the provision of public art. The hearings, assessments, service plans, and disbursements of any improvement district shall comply with the provisions of Section 372. C. Grants — The city shall actively pursue any state grant monies for public art for which it may be eligible and shall deposit said monies into the Public Art Fund for disbursement. D. Donations or Gifts — The city shall accept donations and gifts of money for deposit in the Public Art Fund. VIII. Donations and Loans of Artwork Decisions of acceptance concerning donations or loans of Artwork will be made by the City Council upon a recommendation of the Public Art Advisory Committee. Each instance will be reviewed separately, with the City Council making the final decision. A. Exceptions to this review process are: 1. Exhibitions or Loans of Sixty (60) Days or, Less — Any Artwork or exhibition of Artworks to be displayed on city property for sixty (60) days or less will not be subject to the above outlined review process. Review and approval will be the 8G-11 responsibility of the department or agency with jurisdiction over the space involved. a. The City shall control the location and arrangement of all temporary exhibitions, and reserves the right to reject any part of an exhibition or to change the manner of display if the items to be exhibited are lacking in artistic or cultural merit. b. Book lists, posters, signs, brochures, publicity, and all materials relative to any exhibit shall be subject to review and approval by the city. 2. Gifts of State — Gifts of State presented to the city by foreign governments (municipal, state, or national) may be accepted by the Mayor or the City Manager on behalf of the city. Appropriate placement shall be determined by the City Council upon a recommendation of the Public Art Advisory Committee. Appropriate recognition and publicity shall be the responsibility of the Public Information Officer. Provision for maintenance must be resolved when the gift is accepted. B. Criteria for Donations or Loans of Artwork Requiring Review: 1. An Exhibit Agreement shall be executed outlining the responsibilities of the exhibitor and the city. The city assumes no liability for the exhibition or loan other than specifically outlined in this agreement. 2. Sale of works exhibited — The city shall in no way act as agent in connection with the sale of exhibited works not owned by the city. a. Purchase prices shall not be posted, nor shall they be listed in exhibit brochures. b. Inquires regarding purchase prices shall be referred to the exhibitor or his/her agent. c. Transactions for the purchases of exhibited items shall be directly between the purchaser and the exhibitor or his/her agent. Such transactions shall not be conducted on or in the exhibit site. d. The city shall receive no fees, commissions or other regard from purchase of items from exhibits. e. The city employees shall be treated as any other citizens with regard to purchase of exhibited items. 8G12 t f. No exhibited item sold during the period of the exhibition may be removed before the end of the exhibition unless such removal and any ` necessary rearrangement is approved by the city. g. The city may from time to time make exceptions to these policies in areas especially designated for the sale of Artworks, such as in the context of special events. h. Termination of Exhibit — If the city does not receive notification regarding where an exhibit should be shipped (if a traveling exhibition), or if the exhibit is not claimed and removed within fifteen (15) days after the closing date, there shall be a charge to the exhibitor or owner of the item(s) exhibited, of a reasonable daily storage fee. This fee shall begin on the sixteenth (16t') day following the close of the exhibit. If the items are not claimed within three (3) months following the closing date of the exhibit, the city may dispose of the items as it sees fit. Reasonable requests for extensions of exhibit time will be considered. 3. Responsibility of City — The city shall exercise the same care with respect to the loaned work as it does in the safekeeping of comparable property of its own. IX. Deaccessioning of Artwork The City Council may consider, with the recommendation of the Public Art Advisory Committee, any of the following courses of action to deaccesion city -owned Artworks: A. Relocate Artwork.. B. Sell or trade Artwork (secure professional appraisal and advertise sale; seek competitive bids; dispose of work via surplus property procedures). C. Remove work from display and store. D. If no other alternative is evident, remove and permanently dispose of Artwork. Disposal could include return to the Artist, or donation to charity or other local government entity. E. The City shall endeavor to notify by reasonable means Artists whose Artwork is under consideration for deaccessioning, to include written notification by registered mail, and the Artist may have the right of first refusal to purchase the Artwork(s). F. Proceeds from sale of Artworks: 1. The city shall retain all proceeds from the sale of Artworks except when the city is obligated by contract to share such proceeds with the Artist. 8G13 2. All other proceeds shall be deposited to the Public Art Fund for acquisition of, or other use or furtherance of, other Artworks for the city. 8G14 Public Art Project Guidelines The following guidelines are developed and amended from time to time by the City Council of the City of Southlake, Texas, to assist with the development of Public Art Projects. These guidelines, together with the nature of Artworks as subjective expressions, are developed to allow flexibility of developmental criteria while also providing certain standards for excellence in aesthetic quality, and therefore are not made part of Ordinance No. 803, Public Art Policy. I. Selection of Artists C. General — Whenever p4sible, the selection process should begin at the conceptual stage of the project so the artist(s) will be able to integrate art concepts and Artworks with the design of the specific projects and or sites. Early participation also allows for dialogue between the Artist(s) and architect or designer to discuss the design processes and the inclusion of specifications for the Artworks site preparation that are subject to zoning, design, and construction codes. The selection of Artists or Artworks should meet the following criteria: 1. The design capabilities of the A tist(s) and the inherent quality of the Artworks. 2. All media forms of visual arts may be considered, subject to any requirements set by the City Council, Public Art Advisory Committee or the Department of Community Services. 3. Artworks of all schools, styles, and tastes should be considered for the Public Art Program. 4. Artworks should be appropriate in scale, materials and form for the immediate, general, social and physical environments which they are related. 5. Consideration should be given to the Artist's previously demonstrated ability to create works of structural and surface integrity, permanence and protection against theft, vandalism, weathering, excessive maintenance and repair costs. 6. Consideration should be given to the fact that public art is a genre that is created in a public context and that must be judged by standards that embrace factors other than the aesthetic, including public participation functional considerations. Public art may also serve to establish focal points, terminate areas, modify, enhance or define specific spaces, establish identity, or address specific issues of urban design. 7. The Artist selection process shall ensure that the interests of all concerned parties are represented, including the public, art community and the City Departments. D. Methods of Selecting Artists: The City Council, with the recommendation of the Public Art Advisory Committee, shall determine the appropriate method of Artist selection. 8G-15 1. Design Team Selection — The design team for a project may directly select an Artist following the criteria set forth by the Public Art Advisory Committee and the Department of Community Services. Final approval of the selected Artist(s) must be given by the Public Art Advisory Committee. This method of selection is appropriate for those City projects which have been selected to have an art - enhanced design component. 2. Limited Competition — The Public Art Advisory Committee may invite a limited number of Artists to submit credentials or proposals. 3. Open Competition — Any Artist may submit credentials or proposals, subject to any requirements established by the Public Art Advisory Committee or the Department of Community Services. Calls for entries for open competitions shall be sufficiently detailed to permit Artist to determine whether their work is appropriate to the project under consideration. 4. Direct Selection — The Public Art Advisory Committee may directly select an Artist or Artists. Generally, direct selection will not be employed except on those projects where an open or limited competition would be inappropriate or impractical, such as a very urgent project timeline or very specific project requirements. E. Limited Competition Selection Process 1. The City Manager or his/her designee shall recommend the scope of work, project criteria, budget, and develop a community profile, for review and approval of the Public Art Advisory Committee and City Council. 2. The Public Art Advisory Committee shall review the Artist Registry or other appropriate sources and select a predetermined number of finalists to be interviewed. Depending on the scope of work and timeline of the project, the selected finalists may be requested to submit their qualifications or a project proposal to the Panel. If the finalists are to submit a project proposal, finalists shall be presented with information pertaining to the selection process and the project, including a site and community profile. The project architect may set a meeting with the finalists to discuss the site and/or project. 3. The Public Art Advisory Committee shall interview the finalists and review the Artists' qualifications or proposals. Qualifications may include a resume and samples of Artist's past work. Proposals may include models, drawings, and a written statement. The Public Art Advisory Committee shall make its final recommendation to City Council. 4. Prior to consideration by City Council, but upon selection of finalist, the city shall request a formal proposal from the final Artist(s) selected, specifying the time frame for proposal development, payment schedule, ownership and copyrights. All materials related to the proposal including model, drawings, etc will be 8G-16 property of the Artist, but the city shall have the right to exhibit and use them for educational and promotional purposes. F. Open Competition Process — A project announcement shall be prepared and distributed to all Artists in the Artist Registry as well as other venues. The Public Art Advisory Committee shall review all the applications and select a predetermined number of finalists. The limited competition process would then follow. E. Direct Commission Process — In special circumstances, the Public Art Advisory Committee may decide, by unanimous decision, on commissioning one Artist to work on a project. G. Final Recommendations — The Public Art Advisory Committee has the responsibility of recommending an Artist's proposal or Artwork for a project to the City Council for final approval. II. Responsibilities of the Artist(s): A. Submit credentials, visuals, proposals and/or project materials as directed for consideration by the Public Art Advisory Committee. B. Guarantee that the Artwork or art concept is the result of the Artist's personal creative efforts except in the case of design collaboration. C. Insure that the art is unique and original and does not infringe upon any copyright. The Artist must agree to hold the city harmless against any claims of copyright infringement. D. Guarantee that the art or a duplicate has not been accepted for sale elsewhere and that the art is free and clear of any liens. E. Conduct necessary research, including attending project orientations and touring project sites, when possible. F. Design, execute, complete and transfer title of the Artwork in a timely and professional manner. G. Work closely with the project manager and/or other design professionals associated with the project. H. Submit to the Department of Community Services and the Public Art Advisory Committee any significant changes in the scope of the project, color, material, or design of the approved Artwork.. I. Make public presentations, conduct community education workshops or a residency, as required by the contract with the City of Southlake. 8G-17 J. Provide a maintenance plan that includes a list of materials, diagrams, names of fabricators describing processes used in fabricating the Artwork, and the descriptions and drawings of installations, specifications and details of connecting methods. III. Contracts, Fabrication, Installation, Maintenance of Artworks, and Artists Registry. A. Contracts will be negotiated between the Department of Community Services, the City Attorney, the Artists, and with other consultants, if necessary. If applicable as determined by the City, the Artist must prepare a budget that includes costs for fabrications, materials, labor, transportation, site preparation and installation, insurance, Artist fee and a contingency fund. Contracts will require the Artist to develop a Maintenance Plan for the Artwork, which must be submitted to the Department of Community Services before final acceptance of the Artwork is issued by the city. Contracts will be executed by the City Manager, or designee, and administered by the Department of Community Services. B. Fabrication of the Artwork will be by the Artist or under the Artist's direct supervision. C. Installations shall be coordinated between the Department of Community Services through the Public Art Program and the appropriate representatives of each Department having jurisdiction over the site and/or construction. Whenever possible, the installation of Artworks will become part of the final project's construction contract, and will be executed by the contractor under the Artist's supervision. D. All routine maintenance and repairs of permanent Artworks, including cleaning shall be the responsibility of the City Department housing the Artwork. When reasonably feasible as determined by the City, Artwork that requires any maintenance shall follow the specific instructions and specifications listed under Artist's Maintenance Plan. E. The Department of Community Services shall document the selection process and critical stages of specific projects such as fabrication and installation. All records relating to all projects such as contracts, correspondence, memoranda, proposals, models, and billings will be kept by the Department of Community Services. F. The Department of Community Services will administer an Artists Registry accessible to all local, regional, national and international Artists interested in applying. This will ensure that the largest number of Artists will be accessible to all public art projects. The Artists Registry will be used as a resource by the Public Art Advisory Committee and City Council for commissioning Artists and art works. The Department of Community Services will periodically post notice of registry application and will use other art organizations' mailing lists to maximize Artist participation. N:\Parks & Recreation\BOARDS\CC\2001\Qtr 3\Public Art Policy -Ord. 803.doc 8G-18 City of Southlake, Texas To: From: Subject: MEMORANDUM August 21, 2001 Billy Campbell, City Manager Pedram Farahnak, P.E., Director of Public Works, 481-2308 Authorize the Mayor to execute a Partial Commercial Developer's Agreement for Solana Addition, Lot 1, Block 1 (Verizon Wireless NOCC). Action Requested: Authorize the Mayor to execute a partial commercial developer's agreement for Solana Addition, Lot 1, Block 1 (Verizon Wireless Network Observation & Control Center), a 25-acre development. Background Information: The final plat for Solana Addition, Lot 1, Block 1 (Verizon Wireless NOCC), located at the northwest corner of Dove Street and Kirkwood Boulevard was approved on June 28, 2001. Verizon desires to begin work on -site and the plans for those public improvements are approved. At this time, the construction plans for the portion of Kirkwood Boulevard and Dove Street that Verizon is to construct are not complete. Therefore, Verizon desires to execute a developer agreement for on -site improvements only and later revise the developer's agreement to include the construction of Kirkwood Boulevard and South Dove Street, after the construction plans are approved and they have prices for the construction. Requested changes to the standard partial developer's agreement include: 1. Reduce inspection fee, administration processing fee and overtime charges to one-half normal charge per 380 agreement. 2. The developer requests that they not be required to install any streetlights on Dove Street and Kimball Boulevard. 3. The developer requests to add a phrase to the indemnity clause that says "Except for its or their gross negligence or willful misconduct"' developer agrees to indemnify the City, its officers and employees for any damages, claims or liabilities arising from the negligent act or omission, of the City, its officers and employees. 4. Park fee is waived per the 380 agreement. 5. The developer agrees to pay to the City their pro-rata share of the cost of constructing the trail along SH114, if the trail is constructed within the next 10 years. Financial Consideration: The value of the reduced inspection and administrative processing fees is approximately $2,500. The amount of the waived park fee is $20,000. Citizen Input/ Board Review: None. Legal Review: This is the City's standard commercial developer agreement originally drafted by the City Attorney. City Attorney has reviewed the requested revisions to the standard agreement. Alternatives: City Council may approve, deny, or modify the agreement. Supporting Documents: Developer's Agreement Plat Exhibit Location Map 380 Agreement Staff Recommendation: Please place on the August 21, 2001 City Council agenda for Council's review and consideration. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta 2 �Q��.4► AkI3��T�t��T, LOT��x3$LQC`� �: PARTIAL COMMERCIAL DEVELOPER'S AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Geier hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off -site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond and payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years 3 and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to wee one�ar cf 'Qne,lial percent (" of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to twQ one percent (24 I of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. One half ofi The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; 4 f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. I. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. 5 J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON -SITE WATER The Developer hereby agrees to install water facilities to service the �NOCC " as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for constriction, testing and irrigation purposes only, to the !tQ during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS The street construction up acCacet tto the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: 0 b) Installation of all street signs designating the names of the streetsace,, the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service I•ets the NOCC as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this VA installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build- up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify 8 and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, E USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless except 3for tie' City's o€sfftrsan�f eKnplcryees ,own negligt~nc� or z wtl fitl mtsc©rt uct 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 anv improvements constructed in accordance therewith, and RO fta rrisco iducI the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. 10 D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. III. OTHER ISSUES A. OFF -SITE DRAINAGE -'NfA ............_._... B. OFF -SITE SEWERliq C. OFF -SITE WATER NIA D. PARK FEES Vuaiued` per 8� agreement. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. II SIGNED AND EFFECTIVE on the date last set forth below. 12 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS la Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 13 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. 14 i 4� LLj IN ;,I Up Is t Sm El I Z n VP it _j Li �68 Pi, ZE-1 r !Z z -4 20 Q T-h C7: 55 k wc 1. ii!f IT! W H! ifigg Pn� .3 ;q— n M !Hai w-.-A _-t- -2i F.-A ;Ptii Wi iw-t! -,w q� zz; 13 & 1 :T it it m 5 .41 Vicinity Map Verizon Wireless 1000 0 1000 2000 3000 Feet ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (Chapter 380 Agreement) This Economic Development Program Agreement ("Agreement") is made and entered into by and between the City of Southlake, Texas (the "City"), and Cellco Partnership, a Delaware general partnership d/b/a Verizon Wireless (the "Company"). WITNESSETH: WHEREAS, on June 19, 2001, the City adopted Resolution No. 01-039 establishing an Economic Development Program pursuant to Section 380.001 of the Texas Local Government Code ("Section 380.001") and authorizing this Agreement as part of the Economic Development Program established by City Council Resolution (the "Program"); WHEREAS, the Company desires to participate in the Program by entering into this Agreement; and WHEREAS, the City Council finds and determines that this Agreement will effectuate the purposes set forth in the Program, and that the Company's performance of its obligations herein will promote local economic development and stimulate business and commercial activity in the City; NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Authorization. The City has concluded that this Agreement is authorized by Section 380.001, and is authorized by Resolution of the City. The City has determined that substantial economic benefit and the creation of new opportunities of employment will accrue to the City as a result of the Company's development and operation of the Project as hereinafter defined. This development will increase the taxable value of the Property and indirectly result in creation of additional jobs throughout the City and the value of the benefits of the Project will outweigh the amount of expenditures required of the City under this Agreement. 2. Definitions. The following definitions shall apply to the terms used in this Agreement: "City" means the City of Southlake, Texas. "Company Affiliate" means any Person directly or indirectly controlling, controlled by, or under common control with the Company. As used in the definition of "Affiliate," the term "control" means, directly or indirectly, the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise. "Complaining Party" has the meaning set forth in Section 7 of this Agreement. "Construction Sales" means any Sale relating to purchases made on the Premises for the construction or installation of any permanent improvement located, or to be located, on the Premises and which is subject to sales tax under Chapter 321 of the Texas Tax Code. "Defaulting Party" has the meaning set forth in Section 7 of this Agreement. "Effective Date" means the date that all parties have executed this Agreement. 17 "Force Majeure" means any contingency or cause beyond the reasonable control of OWNER including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, governmental or defacto governmental action (unless caused by acts or omissions of OWNER), fire, explosion or flood, and strikes. "Initial Construction" means any construction of any phase of the Project, upon the Premises for which a building permit is required, but does not include any renovation, remodeling, retrofitting, or reconfiguration of any building or structure upon the Premises. "Person" means an individual or a corporation, partnership, trust, estate, unincorporated organization, association, or other entity. "Premises" means that certain tract of real property located in Tarrant County, Texas, consisting of approximately 25 acres, more or less, as more particularly described on Exhibit A hereto. "Project„ means the operation and expansion of a network observation and control center, data center, telephony switch center and local network administration headquarters to be constructed and operated on the Premises. "Program" has the meaning set forth in the recitals to this Agreement. "Program Payment" means the payments to be made by the City pursuant to Section 4 of this Agreement. "Retailer" means (a) the Company and any Company Affiliate, and (b) any "retailer" within the meaning of Section 151.008 of the Texas Tax Code, as amended. "Sale" has the meaning set forth in Section 151.005 of the Texas Tax Code, as amended. "Sales Tax Schedule" means a report detailing the total sales tax collected (8.25%) on the Premises as a result of the Construction Sales occurring during a Subject Quarter. "Section 380.001" has the meaning set forth in the recitals to this Agreement. "Subject Quarter" has the meaning set forth in Section 4 a of this Agreement. "Term" has the meaning set forth in Section 3 of this Agreement. 3. Term. This Agreement shall be effective as of the date of execution by all parties. This Agreement will terminate upon the expiration of 10 years from the Effective Date; provide d, however, that if the Company has not commenced occupancy of the Premises by January 1, 2004, in accordance with Section 10(b), this Agreement shall terminate and the City shall have no further obligation hereunder. 4. City's Development Program Incentives. For all Initial Construction by Company upon the Premises during the term of this Agreement, the City shall grant Company the following incentives: (a) Sales Tax Program. Within thirty (30) days after the end of each calendar quarter during the Term (a "Subject Quarter"), the Company shall submit to the City a Sales Tax Schedule. Within thirty (30) days after the later of (1) receipt of the Sales Tax Schedule from the Company; or (2) receipt from the Texas Comptroller's office of the sales tax revenues collected on the Premises, the City 18 shall pay the Company an amount equal to a half percent (.5%) of the aggregate amount of Construction Sales for the Subject Quarter (each such payment, a "Program Payment"). (b) Fee Waivers and Reductions. (1) The Company shall not be required to pay the park dedication fee and the City shall waive the fee. (2) The City shall reduce by fifty percent (50%) the following development related fees: water impact fee, sewer impact fee, street impact fee, building permit fee, planning processing fees, inspection fee and plan review fee for the Project. The City agrees to reimburse the City's Impact Fee Funds in an amount equal to the impact fee reduction(s) provided to the Company. (c) Other Incentives. The City shall allocate to the Project (i) building plan review staff to facilitate the accelerated review of submitted construction plans; (ii) building inspectors to facilitate access and timeliness of inspections during construction at the Premises; and (iii) public works inspectors to facilitate access and timeliness of public works inspections during the construction/inspection process. 5. Company Covenants. In consideration of the City's incentives under this Agreement (including the payment of monies to the Company), the Company agrees to: (a) take all reasonable steps to cause all Construction Sales to occur on the Premises in order to generate city sales tax revenue to the extent feasible and to perform the administrative oversight, including the collection and documentation of the collection of sales taxes for all Construction Sales occurring on the Premises; (b) commence occupancy of the Premises by January 1, 2004, in a building of at least 150,000 square feet, with a minimum construction value of $17,000,000, upon which is located personal property with a minimum value of $12,000,000. Company shall have such additional time to complete the initial phase of the improvements as may be required if City determines that Company has not completed the improvements due to an event of Force Majeure, or if in the reasonable opinion of the City, the Company has made substantial progress toward completion of the initial phase of the improvements. Not withstanding these provisions, the Certificate of Occupancy for Phase I must be obtained by January 1, 2006; (c) maintain and operate the Project and the Premises as a Network Observation and Control Center which employs after January 1, 2004, a minimum of 400 full-time employees; (d) comply with all applicable federal, state and local laws in the operation of the Project; and (e) require its contractor to provide an adequate on -site construction office for use by City employees when heightened attentiveness is desired by Company. This may not be required by Company on phases other than Phase One. 6. Mutual Assistance. The City and the Company shall take all reasonable measures which are necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. The Company hereby consents to and agrees to cooperate in any reasonable request 19 by the City, including the request to obtain waivers of confidentiality from the retailers who made the Construction Sales, to obtain copies of sales/use tax returns from the State which contains information pertinent to the calculation of Construction Sales Tax Revenues. 7. Covenants Runniniz with the Land. The Company's rights, covenants, restrictions, burdens, privileges and charges, set forth in this Agreement shall exist at all times as long as this Agreement is in effect, among all parties having any right, title or interest in any portion of all the Property, but which covenants shall absolutely expire without further action by any person upon termination of this Agreement as provided herein. 8. Verification. (a) If requested by the City within 30 days after a calendar year, Weaver & Tidwell or such other independent accounting firm which is mutually agreeable to the City and the Company (the "Auditor") shall audit the calculations of Construction Sales for the calendar year, and shall determine whether the Company has properly calculated the Constriction Sales Tax Revenues for such year. (b) If the Auditor determines that Constriction Sales Tax Revenues for the year have been understated, then the City shall pay for the audit and shall pay to the Company the appropriate amount based on the Auditor's conclusion. If the Auditor determines that Constriction Sales Tax Revenues for the year have been overstated, then the Company shall pay for the audit and shall pay to the City the appropriate amount based on the Auditor's conclusion. (c) All determinations by the Auditor shall be final, nonappealable and conclusive. (d) On or before October 1 of each year following the City's issuance of a certificate of occupancy to the Company, the Company shall certify to the City that the Company has met the (601 requirements of Section 10(c) hereof. The Company further agrees to provide the City with information sufficient to verify that this requirement has been met. Representations and Warranties. The City represents and warrants to the Company that the Program and this Agreement are within the scope of its authority and the provisions of its charter and that it is duly authorized and empowered to establish the Program and enter into this Agreement. The Company represents and warrants to the City that it has the requisite authority to enter into this Agreement. 10. Default. (a) If either party should default (the "Defaulting Party") with respect to any of its obligations hereunder and should fail, within 30 days after delivery of written notice of such default from the other party (the "Complaining Party") to cure such default, the Complaining Party, by action or proceeding at law or in equity, may be awarded its damages for such default. Notwithstanding anything to the contrary contained herein, any Program Payments from the City which are not timely paid by the City shall incur interest at the lesser of (a) fifteen percent (15%) per annum, or (b) the highest rate per annum allowed by applicable law from the date such Program Payment is due until paid; provide d, however, that no interest shall be due on amounts disputed by the City until such dispute is resolved if the City notifies the Company of the dispute and the disputed amount in writing within 30 days after the later of receipt of the Sales Tax Schedule from the Company or receipt of the sales tax revenues from the Texas Comptroller's Office. (b) The Company agrees, that upon an event of default of Section 10 hereunder, and upon receipt of notice from the City, to remit to the City a sum equal to the total of all processing and impact 20 fees waived or credited and the total payments made by the City to the Company pursuant to this Agreement, plus interest at the highest rate per annum allowed by applicable law from the date payments were made, until paid. 11. Indemnification. THE COMPANY IN PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT IS ACTING INDEPENDENTLY, AND THE CITY ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO THIRD PARTIES IN CONNECTION WITH THE PREMISES OR IMPROVEMENTS. THE COMPANY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST CLAIMS SUITS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, AND LIABILITY OF EVERY KIND, INCLUDING, BUT NOT LIMITED TO, EXPENSES OF LITIGATION OR SETTLEMENT, COURT COSTS, AND ATTORNEYS FEES WHICH MAY ARISE DUE TO ANY DEATH OR INJURY TO A PERSON OR THE LOSS OF, LOSS OF USE OF, OR DAMAGE TO PROPERTY, ARISING OUT OF OR OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING ANY ERRORS OR OMISSIONS, OR NEGLIGENT ACT OR OMISSION OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES, PROVIDED HOWEVER THAT THIS INDEMNIFICATION SHALL NOT APPLY IF A COURT OF COMPETENT JURISDICTION FINDS THAT THE DAMAGE OR LIABILITY ARISES FROM THE SOLE NEGLIGENCE OF THE CITY, ITS OFFICERS, OR EMPLOYEES. 12. Miscellaneous Matters. (a) Section or Other Headings. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (b) Attorneys Fees. In the event any legal action or proceeding is commenced to enforce or interpret provisions of this Agreement, the prevailing party in any such legal action shall be entitled to recover its reasonable attorneys' fees and expenses incurred by reason of such action. (c). Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein. (d). Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the Company and the City. (e) Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. The Company may assign all or part of its rights and obligations hereunder (a) to any Affiliate effective upon written notice to the City, or (b) to any Person other than an Affiliate with the prior written approval of the City, which approval shall not be unreasonably withheld. (f). Notice. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided. by the parties in writing; Company: Cellco Partnership, d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, NJ 07921 21 Attention: Kenneth Unger, Manager, Implementation, Inter -Area Engineering With a copy to: Locke, Liddell & Sapp, LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776 Attention: Earl A. Berry, Jr. City: Mayor City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 With a copy to: Taylor, Olson, Adkins, Sralla & Elam, L.L.P. 6000 Western Place, Suite 200 I-30 at Bryant -Irvin Road Fort Worth, Texas 76107 Attention: Wayne K. Olson (g) Interpretation. Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any party. (h) Applicable Law. This Agreement is made, and shall be construed and interpreted under the laws of the State of Texas and venue shall lie in Tarrant County, Texas. G) Severability. In the event any provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then, and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 0) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. ATTEST: CITY SECRETARY THE CITY OF SOUTHLAKE 22 Rick Stacy, Mayor APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Cellco Partnership, a Delaware general partnership d/b/a Verizon Wireless Richard J. Lynch Executive Vice President and Chief Technical Officer 23 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Rick Stacy, Mayor of the CITY OF SOUTHLAKE, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Southlake and that he executed the same as the act of the said City for the purposes and consideration therein expressed and in the capacity therein stated.. 2001. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas My Commission Expires: 24 THE STATE OF NEW JERSEY § COUNTY OF SOMERSET § BEFORE ME, the undersigned authority, on this day personally appeared Richard J. Lynch, Executive Vice President and Chief Technical Officer of Cellco Partnership, a Delaware general partnership d/b/a Verizon Wireless, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that said instrument was signed on behalf of said partnership, and said Richard J. Lynch acknowledged said instrument to be his free act and deed. GIVEN UNDER MY HAND AND SEAL OF OFFICE in said County and State this day of 12001. Notary Public in and for the State of New Jersey Notary's Printed Name My Commission Expires: 25 EXHIBIT A TO ECONOMIC DEVELOPMENT PROGRAM AGREEMENT Description of Premises BEING a 25.00 acre tract of land situated in the J.B. Martin Survey, Abstract 1134, Tarrant County, Texas, and being a part of the land conveyed to Maguire Partners -Solana Limited Partnership, by Special Warranty Deed recorded in Volume 14641, Page 232 Deed Records Tarrant County, Texas (D.R.T.C.T.), and filed in County Clerk's File Number D200273882, and being more particularly described as follows: BEGINNING at a 5/8-inch found iron rod with a plastic cap stamped "HUITT-ZOLLARS" (hereinafter referred to as with "H-Z" cap) at the intersection of the north right-of-way line of Dove Road (a variable width right-of-way) with the west right-of-way line of Kirkwood Boulevard (a variable width right-of-way), as established by the plat of Kirkwood Hollow Phase 1, an addition to the City of Southlake and recorded in Cabinet A, Slide 4537 of the Plat Records of Tarrant County, Texas; THENCE North 89 degrees 39 minutes 47 seconds West along the north right-of-way line of said Dove Road, a distance of 280.16 feet to a 5/8-inch found iron rod with H-Z cap for corner at the southeast comer of a tract of land conveyed to the City Of Southlake by Donation Deed recorded in Volume 14028, Page 263, D.R.T.C.T.; North 00 degrees 35 minutes 38 seconds East along an off -set line in said north right-of-way line, a distance of 29.31 feet to a 5/8-inch found iron rod with H-Z cap for corner; North 89 degrees 24 minutes 23 seconds West along the north right-of-way line of said Dove Road, a distance of 250.00 feet to a 5/8-inch found iron rod with H-Z cap for an angle point in said right-of-way line; North 78 degrees 05 minutes 47 seconds West along the north right-of-way line of said Dove Road, a distance of 254.95 feet to a 5/8-inch found iron rod with H-Z cap for an angle point in said right-of-way line; North 89 degrees 24 minutes 25 seconds West along the north right-of-way line of said Dove Road, a distance of 153.00 feet to a 5/8-inch found iron rod with H-Z cap for corner, said point being in the northeast right-of-way line of State Highway 114 (a variable width right-of-way); North 23 degrees 48 minutes 03 seconds West along said northeast right-of-way line of State Highway 114, a distance of 807.00 feet to a 1/2-inch set iron rod with a yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") for corner, from which a 5/8-inch found iron rod with H-Z cap bears South 83 degrees 12 minutes 26 seconds East, a distance of 0.22 feet; THENCE North 66 degrees 10 minutes 55 seconds East, departing said northeast right-of-way line of State Highway 114, a distance of 1,046.34 feet to a point for corner on the southwest right-of-way line of said Kirkwood Boulevard from which a 5/8-inch found iron rod with H-Z cap bears North 08 degrees 34 minutes 42 seconds East, a distance of 0.12 feet; THENCE South 33 degrees 33 minutes 58 seconds East, along said southwest right-of-way line of Kirkwood Boulevard, a distance of 11.08 feet to the beginning of a tangent curve to the right having a radius of 1,778.00 feet and whose chord bears South 16 degrees 34 minutes 08 seconds East, a distance of 1,039.51 feet; THENCE in a Southeasterly direction along said curve to the right and continuing along said southwest right-of- way line of Kirkwood Boulevard, through a central angle of 33 degrees 59 minutes 40 seconds, an arc distance of 1,054.91 feet to the point of tangency; THENCE South 00 degrees 25 minutes 42 seconds West continuing along the west right-of-way line of Kirkwood Boulevard, a distance of 243.06 feet to THE POINT OF BEGINNING and CONTAINING 1,088,861 square feet or 25.00 acres of land, more or less. City of Southlake, Texas MEMORANDUM August 16, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Selection of Security System for the Southlake Public Library Action Requested: City Council consideration of security system for the Southlake Public Library. Background Information: A security system for a library is critical in protecting the resource materials that make up the collection from theft. A collection ranging from 35,000 to 50,000 materials can be worth in excess of one million dollars and individual items such as reference books can cost from fifty dollars on up. Funding was appropriated in the FY 2000-01 library budget for a basic radio frequency (RF) security system. The RF system uses technology that is approximately thirty years old. It relies on item tags (one per item) and detuning tags. As an item is checked out each one must be scanned individually, the book opened, and a detuning tag placed in it. Checking the items back in to the library requires a similar process of scanning the item, opening it, and removing the detuning tag. The inventory process utilizes a handheld scanner that can scan each item individually on the shelf. The materials require being tilted forward to expose the barcode and then placed back in their upright position. With the possibility of entering into a cooperative agreement with the City of Grapevine for reciprocal library services, it was suggested that the Southlake and Grapevine libraries have compatible security systems. Grapevine currently uses a radio frequency identification system (RFID). The RFID system uses the most current technology available and relies on a tag with an embedded chip. When a single item or multiple items are checked out they are simply passed over a reader pad and a receipt is printed for the patron. The materials do not have to be opened and the pad is capable of reading more than one item at a time. Checking the items back in to the library requires a similar process of simply passing the items over the pad and re -shelving them. The inventory process utilizes a portable wand that can be waved over a shelf of books while reading up to thirty tags per second. The wand can also be programmed to locate lost or miss -shelved materials within the library. Similar to the_RF system mentioned above, an alarm will go off if an item is removed from the library without being checked out. The RFID system, however, will also be able to distinguish which item was removed. 1 OB- i 0 Billy Campbell, City Manager August 16, 2001 Page 2 One of the key advantages of the RFID system is its use of new technology which allows the system to be expanded to add future features such as a self - checkout station and the inventory wand mentioned previously. The RFID system also provides a much faster and easier checkout and check -in procedure that would significantly decrease the repetitive motion process required with a RF system and free up additional staff time to directly assist patrons of the library. The drawback of the RFID system is cost. The RFID system, including 30,000 tags, is approximately $64,000, well above the $13,000 required for the purchase of a RF system. There is no question that the RFID system is the most effective and efficient of the two, rather the question remains whether it is a prudent investment for the library. As mentioned, the improvement of public service to the citizens of Southlake with regards to the time saved in checking in and out materials, as well as future system upgrades such as self check stations and inventory control are the most significant advantages. It should also be noted, should the City decide to purchase a RF system at this time and delay the implementation of a RFID system until a future date, it would not constitute an upgrade of the RF system, but rather a new system requiring all library materials to be re -processed. Financial Considerations: Funding in the amount of $13,000 is currently available in the FY 2000-01 General Fund library budget for a security system. The Finance Director has also identified approximately $15,000 in anticipated year-end savings from the Library Division operating budget. Additional funding in the amount of $36,000 could be reallocated from the TIF resource materials line item ($788,000) to cover the difference in remaining cost, although this would reduce the number of resource materials able to be purchased. A third potential funding possibility is to allocate an additional $36,000 from the TIF fund to this capital item. The total cost of the RFID system and tags is estimated at $64,010. Citizen Input/ Board Review: The Library Board reviewed and recommended approval of the radio frequency identification system at their August 15, 2001 meeting (5-0). Legal Review: Not Applicable. Alternatives: City Council consideration of the RF security system instead of the RFID system. 1 OB-2 Billy Campbell, City Manager August 16, 2001 Page 3 Supporting Documents: Memo containing an analysis of RFID versus the RF security system. Staff Recommendation: City Council consideration of a Radio Frequency Identification (RFID) security system for the Southlake Public Library. 1 OB-3 City of Southlake, Texas r 1` MEMORANDUM August 10, 2001 TO: Kevin Hugman, Director of Community Services Steve Polasek, Deputy Director of Community Services FROM: Laura Highander, Library Administrator SUBJECT: Security Systems - Radio Frequency vs. Radio Frequency Identification Radio Frequency: TECHNOLOGY Approximately 30 years old TAGS Item tags (one per item) Detuning tags (multiple per item) EQUIPMENT AT CIRCULATION DESK Date due guns Detuning tags *Daily prep work: (1) Set date on guns (2) Prepare separate sheet of detuning tags for A/V materials (for 2 different due dates) CHECK OUT PROCESS 1. Scan card 2. Scan item 3. Pick up gun 4. Open item 5. Place detuning tag inside item 6. Close item 7. Repeat steps 2 — 6 for each item 8. Give receipt and material(s) to patron CHECK IN PROCESS 1. Scan item 2. Open item 3. Remove detuning tag 4. Close item 5. Repeat steps 1-4 for each item 6. Shelve item(s) INVENTORY PROCESS 1. Tilt each item from shelf 2. Scan barcode into portable inventory unit 3. Replace book in upright position 4. Repeat for each item 1 OB-4 Radio Frequency Identiircation: TECHNOLOGY Most current technology used TAGS Item tags (one per item) EQUIPMENT AT CIRCULATION DESK Reader pad CHECK OUT PROCESS 1. Scan card 2. Pass item(s) over reader. (Pad may read multiple items at once.) 3. Give receipt and material(s) to patron CHECK IN PROCESS 1. Pass item(s) over reader 2. Shelve item(s) INVENTORY PROCESS 1. Wave portable wand* over shelf of books. Wand can read 30 tags per second. 2. Repeat for each shelf of materials * Wand can also locate misplaced items. I Radio Frequency: EQUIPMENT AND SUPPLIES Dual aisle Custom -stained oak antennas: $6300.00 Tags 30,000 Item tags: $2400.00 Custom -printing plate fee: $250.00 30,000 Detuning tags (used with check-out): $300.00 1,000 VHS Detuning cards (used with check-out): $170.00 Date due guns 2 guns: $700.00 Shippmg $140.00 TnetnIIAtin" .D-) i v.vv **One 110-volt outlet required Total: $10,770.00 1 OB-5 Radio Frequency Identification: EQUIPMENT AND SUPPLIES Single aisle $7500.00 Staff station readers 2 staff station readers: $6040.00 Tag programmer 1 tag programmer: $2995.00 Application server 1 server: $6000.00 Application software $9995.00 Tags 30,000 circuits: $25500.00 30,000 custom printed labels: $1800.00 Custom -printing plate fee: $200.00 Shlppmg $430.00 Installation $3550.00 **Two 110-volt outlets and 5 data ports required. Total: $64,010.00 CONSIDERATIONS FOR NEW SYSTEM: 1. Simplify check -in and check-out process for staff, increase efficiency, and minimize repetitive stress motion. 2. Possible addition of a user-friendly self -check component. 3. Provide a link between security and bibliographic record — identification of which item(s) had escaped through the front doors. 4. Efficient way to inventory collection. 5. Flexible system to be used with new and future technology. 6. Compatibility with Grapevine's security system. CONCERNS REGARDING THE RADIO FREQUENCY (RF) SYSTEM: l . Using the RF system, any book from the Grapevine Library will activate the alarm. (Grapevine did not remove their old RF tags.) 2. There is no "upgrade price" going from a RF system to an RFID system. They are entirely different systems. 3. RF and RFID are not compatible. If started with a RF system, then chose to install an RFID system, entire collection would have to be re -tagged with the new security circuit (tag). 4. The check -in / check-out process is touch labor intensive. 5. 'The inventory process is touch labor intensive. 6. With limited number of staff, the RF system will require more labor at the circulation desk. 7. With only two check-out machines at the circulation desk, the check-out process may affect expediency of service. 8. For any future collaboration with Grapevine, the two components needed to be compatible are the automation system and the security system. (Southlake already has the same automation system as Grapevine.) BENEFITS OF THE RFID SYSTEM: 1. New technology with tremendous potential for multiple applications (addition of the portable wand and self -check unit). 2. Combines security and item identification in one tag. 3. Self -check machines are extremely user-friendly. 4. With limited staff, the RFID system will free the circulation staff to perform direct patron information services on the floor instead of performing repetitive circulation transactions at the desk. 5. Check -in / check-out do not require the extra security step of detuning and reactivating the tags. 6. Reduced motions in check -in / check-out for staff. 7. Theft information is provided when item passes through gates. 1OB-6 t V City of Southlake, Texas MEMORANDUM August 21, 2001 TO: Billy Campbell, City Manager FROM: Harold R. Cates, Director of Human Resources SUBJECT: Authorize the City Manager to enter into a renewal Contract with Aetna US Healthcare for provision of medical benefits Action Requested: City Council approval of City Manager to enter into a renewal Contract with Aetna US Healthcare for provision of medical benefits. Background Information: Aetna health insurance has been the medical insurance carrier for the last three (3) years. Two types of coverage will continue to be provided: an HMO and a PPO plan. Both plans are four (4) tiered in that they offer employee only, employee and spouse, employee and child(ren), and employee and family coverage. The City currently pays $100 per month toward dependent coverage. ➢ HMO Plan: All employees are covered through the "employee only" tier. This plan offers low employee required co -payment amounts and is the more cost effective of two plans to offer to employees. ➢ PPO Plan: Employees may sign up for this coverage, but the City will only pay an amount equal to that of the "employee only" tier under the HMO plan. Financial Considerations: Both plans will see an increase in premiums for the coming plan year. 1. HMO: Monthly premiums will increase by 19.4% overall; 2. PPO: Monthly premiums will increase by 30.8% overall. Total Cost of increase for FY 2001/2002 is $83,727. This cost is based on the increase in monthly premiums for all budgeted positions. Citizen Input/ Board Review: Not applicable Legal Review: Agreement has been reviewed and approved by the attorneys. Alternatives: The City will be competitively bidding out healthcare insurance coverage during the FY 2001/2002 budget year. Supporting Documents: Renewal Agreement 1 OC-1 Billy Campbell, City Manager August 21, 2001 Page 2 Staff Recommendation: City Council Approval of Aetna US Healthcare contract renewal agreement. 1 OC-2 Page 1 July 12, 2001 AUSHC Proposal For CITY OF SOUTHLAKE Effective Date 10/01 /2001 Renewal Date 10/01 /2002 Service Area Texas - Dallas Quote ID 7152455 Primary Office Visit Copay: ($15) Specialist Copay: ($25) SPU Surgery Copay: ($250) Hospitalization Copay/A: ($500) Emergency Room Copay: ($100) MH UP Copay/A: ($500) 30d; SMI ($500) 45d MH O/P Copay: ($25) 20v; SMI O/P ($25) 60v Routine Eye Exam Copay: ($25) Routine GYN Exam Copay: ($25) 1v/yr Pediatric Preventive Dental Copay: ($15) Lens Reimbursement: ($100 for 24 months) Prescription Copay: ($10/$15/$30), 30 Day Contraceptives: ($10/$15/$30) 31-90 Day Supply: 2 copays (MOD only) Rates Single $193.80 Parent and Child(ren) $412.60 Couple $467.20 Family $667.70 The foregoing rates apply in the Service Area specified above. Rates will vary for other service areas. Service Area is determined by the location of the subscriber's primary care doctor. Quote Conditions Assumed Dependent Eligibility Dependent children to end of month in which he/she turns 19 or full-time students to the end of the month in which he/she turns 23. Coverage will continue for dependents who become mentally/physically handicapped prior to the end of the month they reach age 23. These monthly quoted rates are valid as of the Effective Date and apply only to the benefit level and conditions stated above and are subject to the terms and conditions set forth in the HMO's Group Master Contract. Any changes in benefit level or conditions stated above may require a change in rates. Rates were developed using information which is based on the group census. AUSHC reserves the right to modify this rate should the group census be inaccurate or if actual plan enrollment differs materially from the group census. This proposal is subject to change at any time prior to the acceptance by AUSHC of Employer's offer. Employer Authorization Date CC: Handzel, Angela Meeder, Susan For office use only Grp Type 01 Quote ID 7152455 Rate Code CR I RA U Val'd RW Process Calc DP Seq#/Grp# 226780-1 Customer ID 2095571 PPID 1866329 07/12/2001 11:40:29 AM ORF08731ORFP0873INBFRAMI\Pl\DMlW1 ISIC9111 UN0103 Pacye 2 07/ 12/01 October 1, 2001 Renewal Rates for City of Southlake HMO CURRENT CURRENT RENEWAL ENROLLMENT RATES RATES Employee 103 $162.30 $193.80 Employee & Child(ren) 31 $345.50 $412.60 Employee & Spouse 17 $391.20 $467.20 Employee & Family 44 $559.10 $667.70 PPO CURRENT CURRENT RENEWAL ENROLLMENT RATES RATES Employee 17 $269.79 $352.87 Employee & Child(ren) 2 $539.58 $705.74 Employee & Spouse 3 $607.08 $794.03 Employee & Family 0 $854.44 $1117.57 Outlined below are assumptions used in the 10/01/01 renewal rates; we ask that you verify that these assumptions are correct by signing this form. Your return of this letter with the appropriate information will ensure that your rates are as competitive as possible. Should you need to correct any of the below information please do so on this letter prior to its return. Renewal Assumptions: Contributions: Rates assume employer pays 75 percent of the single cost or 50 percent of the total cost. Participation: Rates assume there are 210 eligible employees of which 195 are currently enrolled in the HMO plan 22 in the PPO plan. Option Business: Rates assume that Aetna Health Plans of North Texas Inc. is the only medical benefit option being offered to the employees of City of Southlake. O H' N 12 m,0CC) U)0 O� v co ��ttM 0 'CCi= CN R d. 00N Lo CV 00 � �cMr, C OI.�NCC) "LOtitiLO •� :6HTNm E9 ER E9 N EA COI-T ER E9 C3 a �- (3dg av �rn CO faCpCLOGo00 U _ m r-CD C. : 'Cb `1� ER to T 69 69 N ER N Eg V 6R W _. omvv �m°io a�..e c,� Ccoov t MtiO � '�: bq 69 EA 69 •- c U V — _ G 0 •E o •E fA UU)U- cu L Utl)W c T c 0 m to m M CQ C q 0 0 0 0 O O O O N d 2 E E E E a;EEEE L' WUJWLU 4 WWWW m ��d.V: 0ott)Oo0. U CA O 0) 0) OOOO AD °m cn m M co L0 - ito OOOCo TI- cocD O� mcocoM co CAT co 3 � , k* 69��� r � 6 9 �T�esN v 69 ^y L OCoNN r. a 0~o�Ot[ 3.m.V'Nmm Norn� 0) 0 (o Cc) lm CA d� E9 6Fi � 69 E9 6R EF} T 0000 0)0oco� �VCAO Ln -;'' COoc0�0to T 64 cn 64 MU') 64 6-, N 64 0Co 69 69 CO V), ,0 C C4 o_ O T ti tt r N Cr)0 N N © � p V O O M t(D/)_ N- o E 0 E h oCLcm D UU)u. UtAW A C C C C C C - m cN m ,� _ Ca tc m B c N N N CCt C: Q CU C) CD CU a Q 0 0 _O0 E E E El cc EEEE e =wwww c;awwWw City of Southlake, Texas MEMORANDUM August 9, 2001 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Request for a variance to Sign Ordinance No. 704-A for Play It Again Sports located at 2120 E . Southlake Boulevard, Suite B. Action Requested: City Council consideration of a variance to Sign Ordinance 704-A. Background Information: Play It Again Sports is a retail business located at 2120 E. Southlake Boulevard, Suite B. Dan Penick, Manager of Play It Again Sports, is requesting a variance to install a sign as shown on the attached plans. This would vary the following sections of Sign Ordinance No. 704-A. • Section 16.A ATTACHED SIGN • A.3. MAXIMUM AREA: The sign has a total area of 26.7 square ft. The maximum allowed area for an attached sign is .75 square feet for every one foot of width of building or lease space not to exceed 400 square feet. The store front at this location is 30 feet, therefore the maximum allowed area would be 22.5 square feet. Staff Notes: The sign being proposed consists of existing lettering from another site to be reconfigured to it's smallest practical area. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The Council may approve the request, deny the request, or approve it subject to whatever conditions they deem appropriate. 1 Billy Campbell August 9, 2001 Page 2 Supporting Documents: Staff Recommendation: RB/sv Variance Application Form Site Plan Ordinance No.704-A, Section 16.A. 1.2.3.4.5.6.7.8.9. Photo Rendition Place the variance request on the August 21, 2001 City Council meeting for disposition. 2 The following sections have been excerpted from the Sign Ordinance No. 704-A SEC.14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square foot area used for building identification. 2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Less than 100 ft. 101 - 150 ft. 151 - 200 ft. 201 - 250 ft. 251 - 300 ft. 301 and greater Maximum Letter/Logo Height 12 inches 18 inches 24 inches 30 inches 36 inches 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). 3. MAXIlVIUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet (see Appendix 'A' for further clarification). ¢. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to twenty-five percent (25%) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter/logo height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space (see Appendix `B' for further clarification). 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (75%) of the width of any building or lease space. In the event the lease space facade is horizontally articulated, the 75% rule shall apply to the allowed sign to be located on any single plane facade (see Appendix V for further clarification). 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height (see Appendix `B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See Appendix `B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building, excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within one hundred fifty feet (150') of the property line of said residential property. 4 CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION APPLICANT NAME: f y'0 OWNER (if different) ADDRESS: Z 1 Zo C&rnj UT/�E 8L ✓1�. .Sovn��A,e� TX 7f- 092 PHONE: / 7—#2-T ZS7 f FAX: The following information pertains to the location for which the/variance is being requested. NAME OF BUSINESS OR OPERATION: P�I .L T PHYYSICAL A DRES `� �N i �����'� • 2 /20 h ST i�/�T �l/�9�� R/_Vi . —51 B LEGAL DESCRIPTION: 4et ueel Subdivision_ V/ L.Lfita C I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting YPo is authonzadA discuss this request. �- Applicant's signature: Date: The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No. 704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. Completed sign variance request application. Completed demonstration of conditions applicable to the requested variance (see attached.) Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R. O. W. Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. PLAY IT Amin � _ 5F DAN PENICK OWNER BUY • SELL • TRADE & CONSIGN USED & NEW SPORTS EQUIPMENT RJbFE St4OW A04' 2120 E. SOUTHI.AKE BLVD. B Ij,X TX'.76148 SOUTHLAKE, T% 76092 i �$17)5,7 7) 577=$729 STORE (817) 424-2571 �X $17)•,14.% FAX (817) 442-8556 www.$ockeyDoct^r�e�ao�9� CITY OF SOUTHLAKE. BUILDING DEPARTMENT, 667 N. CARROLL AVE., SOUTHLAKE, TX, 76092 PHONE: 817-481-5684, FAX: 817-481-5713 APPLICATION FOR SIGN PERMIT CITY OF SOUTHLAKE DATE: ja-Z_ j/ ZO,2_C-201� ADDRESS OF PROJECT Z12,0 EhST ,5QCYT H LAKE PROPERTY OWNER PEC NC V KA4LI y1 ADDRESS /�fJLl S, 7) ZS23/ TENANT !-/✓��7cL� Z✓C. 41,,Ay�✓7ArS�.� SIGN COMPANY ' ( INSTALLER) 14�j S i S16A)S PHONE FAX NUMBER/7-Z,S'J--y�%D� ADDRESS 23/.�lrSr�tK�f�L►1� #/OZCITY Sa�r,�,r� jX ZIP 7���9Z ILLUMINATED? YES NO (CIRC.LE ONE) If Yes, Attach Electrical Permit ELECTRICAL CONTRACTOR l�j� vV/L-SDItl SG�i3CO3W--,e I pZ PHONE NO. _ TYPE SIGN STRUCTURE X ATTACHED —MONUMENT —GROUND OTHER PERMANENT SIGN CATEGORY A BUSINESS MENU BOARD _ SUB-DIV ENTRY DIRECTORY INSTITUTIONAL GASOLINE PRICING DIRECTIONAL TEMPORARY SIGN CATEGORY BANNER MODEL HOME SPECIAL PURPOSE DEVELOPMENT REAL ESTATE (no fee) SIGN AREA: HEIGHTS. Of FT. X WIDTH L.�7 FT. = AREA Z (r 7 SQ. FT. OVERALL HEIGHT 3,0 ir FT. SETBACKS FROM R.O.W. FT. (A). A) DOCUMENTS ATTACHED: X Sign Drawing Plot Plan or ite Plan SIGNATURE OF APPLICANT ) Wu;d Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: A//ou144e S 1 n Qt-44,1 Q�=,30 St t-e 1 A XD, 7S=ZZ . S rJ �IeSfv S i rJ qv�Q eqr o %//� f Eq ` f Id k 1. That a literal enforcement of the sign re ulafion will crate an unnecessa hardship or practical difficulty on the applicant 7S, '�iCQ*t%a�,s to reatrdri erm�rlq YtC�Ptd �niok,,tP� ice 2 sr'gqn the owns retAoe� troy, ;w�(Exh,���i y the,�, ga t,rear {asC,. ofvur Soat�144 S'fi�6o�,, �,� Exb. 3, Dur sere s age i,a v% rs Aee bKtExtremel narroa/ e,, r �% P y rye yes alJou,tb,(e si' n area i� 6as nCij! a-ie of f l e, re4e7m �` pert �1. y �B) resa/ts :�a s� h a p7/ �� s e re At 9er may, die L'i y a// 6/e a rev rf 22 S17 7-jr /eAr-r #.e�.,/�i oh stere✓J �LCeov� wih 8sri/a�:n Dsyh� i o ass fia//� s ii��iar in se e a / rh$P .1` Ai Ak'�r�xJ 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is n t self i posed. 7'; e r"eDr sL%1 / cf par S ��re s ew Is did, F� ha/s ✓cr1 �Exh,etiz�or�/s> �t ✓�Yry /•i�i1F s�aCe .s ��Jiglc fry //sdy //�!: h7s h qq h vsi iA �✓orn T /icereE�� /an�r yh�er�'o�ir r�s���as, is /a&�nta eyr�t/ cif/.'SI`�ec,/h�'s'ery rGQj� //a e de-ntcy rnecj e-.>f arc 10 e �e� //� freed fro r has sueh �x osur�fr its o f�is i� reedit/ _ry m;, 2. (�xh.1)), 4/4m -41,2s7Q//cI rear si �s /•� /�C� !4 t �v`naiss�tyJ(� 7 ,7, �s a �� �s is t Z m�i s p h;,, a rentY s�� �ot%�,, of� -To relatia„ t� oNrs ,s shy, c� �,n Ct of we w;11 NSe the 5")d dayr 1, -Ter�� 9 3. µ, That the variance will not injure and will be oil co atible with the use and ermI ed development of adja ent p operties. Oar P)d�ris far, 1tr st h sp 3�� r D, ha ✓e bee I ap� roller b et7e f elt lt� ro�ev7c� m �» e�r -Fo►- IIViIIQ ih 2e<'04 W� e i ntcf etr SjJh Cr CT"/4 CI= 9 44 a xh , F. aS �ot� h �X t F On vpaees 3, 4 4 � � a �/la E �nI-&r (S-1, , eNrr�if/y �a 0 ire Ue f rge- yire i/arlanee f►r"J,„ �rirYN s berms- A are y %1/I -en fa% SD2�es ih 7xG Ger17�er �� �� q� veep but ✓erJ 4. That the variance will be in harmony with the spirit and purpose of the sign ordinance. &7X//i/3/ 7S I .' ki-- 05,-- eF L. e T7-E,u 5ic-W p s Z-0el T/ 4AI drST!%,�E M:%wpfileslbuildingkvadance.app 7 .�. ; ! f A-GAin a t- p.3 1e£� �rt�„EM iV i' OF FORMER CHAnIn�EL MarNTFp SASH 1-4-r FXS 7?J jCL.W ✓�Io�JNrlNG �iVl�ivsG�i�g� L�TTF;�s i On B!//L OING F43C/r9 �9S �E�tt U/RFD Big 26.7 J� x �j 4P :r h. r •, � �t 6 €k� xy di I r � tt `Su F.i. �r 9� file://A:\MVC-022S.JPG 10 5/30/01 file://A:1MVC-022S.JPG p-4 Page I of 1 L L -cc: 141 wtt, lo,Vlaa: 77 W. t $4, -k A. . .... .. . . 0 Rcg!!�c n') Realt.y Corporation JWWW—ncy Centam, LP a PRT DEvelapment Corporation l%%Bedew bmbmnaide u*%o 8 vmm0wwwkhthe csv*mq% mhimmn gpcdficatkw for comma mom under dw Mm of do Lome Aymmums. The oompasy .soars no map-dbOW In dmlM -Mbwtmbft. mumms, =dbWk a cosibmsmect , lob1mcifictem" The comm is oat mpmdMe fords ved8calm of dune-om - cummommen vkh k*dL NISID and fAdald SlIkk bft%W= =4 04 =MEW& TM E3 NO 93 12mcm 11 5/30/01 12 _ P-5 ;u 7. VN IRS N t ...' CL - - - - _� q Rem Redq CapaatimLP K1 _ Q Q41 -- O PR't' DaeioMieiit Cdokitlos _ _ _-- _ _.: ? � - 77de tM.w � reea Bede eeyreei ew�w M►� eerr4rti aklm+® .__ _.._. . _ --'_ -_ _-._. _ ;: `z spealGadooafwisenvdfmu*rftwmofftLrPav mmL I%aompw - saves sn saposS6Biry is dmip medeom416ry, ssWW. =6166 W emi� ,; - ? 4. . ; � , a �pedsc sa■t wgrhemera 'ffe aom/mr k eoi as�eite irfie wdeatlm of v ` -[ _. dialeedoaR ar VWWHe am load. sum eod ledwd cedes npku s eod _ J a dknam. aampfii V w eti esmmsb acbd on Or doemod k maedra i with' j �, :< .[ de:uadwrm!die�dtsgsimeatk+eofk�eaaplenosefW>dity. _ _. 1' 0 ii gE ❑ Nolac BEILCTED = W CCM G VRev;ae ii 13 a -;Q Va V, wi . ..... ON'tiMRIA -M 6; pur -C t' 'gra0hic.,phylir.6nment that -is Individual and.disUnctjvejn pose -of this Sign- riterials c e,w ..:other,,4,slg' :.'y_"' a. -Aota concept. should give.'ah I ns Ath. 'Of -but nest mige. L espicqAs" i ring. ihstdil.0,; roportioned and 6 des! good 6tte jot, 6. . 6" app I ibq;a i 0.- n- -ecificia-tions are'tWbe'used Icif-the deslgn-.bf)�,� iligh,:'6owever, it) all cases; final,: ia g.sp 9, .4:pqy signage.. L I, f orinstala o" assw Onc etenlina owppce ming ariy.ques#p cy %�V ns:o,nteiik6tafionwof.thip.sign,poi. gndcbnfqrm6Q5"' bzifloh6-'--"�d6es 60t.impi "loa-authorides. Svc 0 Well th resp0q, .y,,hqW6y,qr,.'w:maxlmUm.o; reet 60 6i be 4!, t p for,. rj rovei Ope P qu .pp 3rston pupoing Ta3cia. r'case letters- a a . - _ 1 -4, - .; - Aw f r, o�*I M'O'Oetfdrm6'd-b'y-*a'ltd'e'nse'd,eI In. sign JQArantfornw ectric qp� -*0 al electr a] I J!'Iro 36 ridlerd 11 -Wde'an'sccess panel in t8e,`,can ffitt'h'th 'tlgn,Wiring:areq,�; or. she p 71, V "N -14T;A�ib-INST-ALLATION:.-"'-'.'-I .�.General� Notes,, tea -.cif' ul lng.eE Lessor. �-`The;lassldhi L t ted.onslonabit"i' 6 e ers are o e loca . �inter;�OfLfroiitiigi: poilti6ri -for each 'T6nanf ihall`be-is*-�di6i;� i64.. c. acent corn t 7 i I 6-s FP. T e-6e.-6etw,een*,6dj Udn er st allowaii6q'Ibr p6sl determined by. L ZVI' tz:; j I .. � . 11 � . . � , I . . .� I I . .1, . 1 .1. . I . I I I . . . ... . , , . , � . I . , I .,�,:- I .. ': . . . . , � , . .. , ,'��, :� ., . . . � .., . . . I - . . I .. . � .� . , I , Iz - ", .". � ., .:t.,, .1%;,", .. . �. . : _- 1%:,�;, ., .1 . . ,.�l . % ,. I . . I... . I 11 .� . . 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Five Hole Inc. dba Play It Again Sports 2120 East Southlake Blvd., Suite B Southlake, TX 76092 FAX 817-442-8556 June 13,2001 Ms. Jennifer Ince Regency Realty 8140 Walnut Hill Lane, Suite 400 Dallas, TX 75231 FAX 214-503-6026 Dear Jennifer: We have been wanting for some time to put up a Play It Again Sports sign on the back side of our store space, which has excellent visibility from the new Hwy 114 Freeway now under construction. We own a sign recently removed from our other store in Watauga, pictured in the bottom half of Exhibit A, which we would like to utilize for this purpose. This sign is essentially similar in shape, size and design to the one currently installed on the front side of our Southlake store, except that it was installed on a raceway, which cannot be used at Southlake because your sign criteria requires direct mounting of the letters on the building fascia. Also, this sign is 13'4" wide with the current letter arrangement, and as shown in Exhibits B and C there is a north -south offset of about 4 feet essentially in the center of our nominal 30-foot wide store space, and an even greater offset on each side of our store space, which somewhat restricts visibility from the west and east. There is only about 14' of available wall space on each side of the center offset, which would severely restrict visibility if installed with the current letter arrangement. What we are proposing to do is to install the sign on the back side of our Southlake store with the letters rearranged as shown in the top half of Exhibit A, in the location as shown on Exhibits B and C. This results in an overall sign dimension 8'8" wide and 3'1" high. The letters would be mounted on the building fascia above the roof level in the same manner as the sign recently installed by Kumon on the back side of their store space next door to the west. The space available to do this above the roof level is up to 3' 10", and we will be using the same sign contractor (Fastsigns-Southlake) used by Kumon. Approximate location of the Kumon sign is shown on Exhibit C along with the proposed location of our new sign. The proposed location for our sign is superimposed in Exhibit B on a digital photo of the back side of our store space. This particular location at the top of the building fascia above the roof level provides us the best visibility from the new freeway we can obtain. We have had preliminary discussions with the City of Southlake regarding a sign permit for our proposed sign, and they have indicated that because of the prior precedence for 17 signs on the back side of Village Center facing Highway 114 there should be no insurmountable problems in obtaining a permit for a sign of the type and in the location we propose. To obtain the permit we will need to submit a formal application, which we will do as soon as you tell us our proposal is acceptable to Regency and Village Center. Please advise us by return FAX of your approval. If you have further questions about what we propose to do or why, please call me at 817-424-2571. Yours veryy truly, / Dan Penick Attachments: Exhibits A, B, & C 18