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2001-09-04 CC Packet
MEMORANDUM August 31, 2001 TO: City Manager Billy Campbell FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 01-058, Establishing an election precinct for the City Action Requested: Approval of Resolution No. 01-058, establishing an election precinct for the city for use in the Local Option Election. Background: Chapter C of Chapter 42 of the Texas Election Code authorizes municipalities to establish election precincts for municipal elections. The election precinct established by this resolution will not divide a county election precinct, except as necessary to follow the City's boundaries. The election precinct created shall comprise all of the Tarrant and Denton County precincts located within the City of Southlake to the extent they are located within the city limits of the City of Southlake and will include: Tarrant County Precincts: 3470, 3039, 3040, 3286, 3359, 3526, 3529 Denton County Precinct: 401 Financial Consideration: n/a Citizen Input/ Board Review: n/a Legal Review: Resolution No. 01-058 was written by the City Attorney's office. Supporting Documents: Resolution No. 01-058 Staff Recommendation: Staff requests that this Resolution be approved in order for the City to go forth with the Local Option Election on November 6, 2001. 4 RESOLUTION NO.01-058 A RESOLUTION ESTABLISHING AN ELECTION PRECINCT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and, WHEREAS, the City of Southlake has historically used one polling place for all precincts of the City; and, WHEREAS, Subchapter C of Chapter 42 of the Texas Election Code authorizes municipalities to establish election precincts for municipal elections; and, WHEREAS, the election precinct established by this resolution will not divide a county election precinct, except as necessary to follow the City's boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. There is hereby established one election precinct for municipal elections within the City (0 of Southlake comprising the entire corporate limits of the City of Southlake. The election precinct herein created shall comprise all of the Tarrant and Denton County precincts located within the City to the extent they are located within the city limits of the City of Southlake, including: Tarrant County Precincts: 3470, 3039, 3040, 3286, 3359, 3526, and 3529 Denton County Precinct: 401 SECTION 2. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE DAY OF , 2001. Mayor ATTEST: City Secretary City of Southlake, Texas MEMORANDUM September 4, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Authorize the Mayor to execute a Professional Services Agreement with Carter & Burgess for N-4 Sewer design. Action Requested: Authorize the Mayor to execute a Professional Services Agreement with Carter & Burgess for N-4 sewer interceptor design. Background Information: The N-4 sewer interceptor is located within N-4 water shed and stretches from S.H. 114 just north of Town Square and ends at an 18" recently constructed sewer main on North Kimball Road. The N-4 sewer interceptor is planned for construction along West Jones Branch Creek and consists of approximately 4,500 feet of 12" and 15" sewer pipe. The service area of N-4 water shed is 258.3 acres and bounded approximately on the north by Highland Street, on the south by S.H. 114, on the west by Carroll Avenue and on the east by North Kimball Avenue. Realizing the positive impact of the Town Square development on Southlake, the City staff began to study and research sewer service to N-4 water shed in January 2001. The study included preparation of an extensive data base of property owner's name, property size and description, required sewage load for each tract, estimated impact fees and cost associated with the construction of N-4 interceptor along West Jones Branch. After preparation of basic engineering and cost data, the approximate pro- rated cost per parcel of land was calculated and a meeting was arranged with the impacted property owners. During this meeting, the City Manager, Billy Campbell, the Director of Public Works, Pedram Farahnak, the Economic Development Director, Greg Last and the Planning Department made a comprehensive presentation about all aspects of planning, design, construction and cost of the N-4 sewer interceptor. As a result, as of this date 88% of the property owners have expressed commitment to share the cost of the construction of the N-4 sewer interceptor. Financial Consideration: $68,100 is recommended for authorization from the balance of $430,000 which remains from the completed S-7 sewer interceptor. Citizen Input/ Board Review: None is required for this project. Legal Review: The agreement format, as to the form has been approved by the City Attorney. Alternatives: The Council may approve or decline the project. Supporting Documents: Location map and general routing of N-4 interceptor project implementation schedule. Staff Recommendation: Approve project funding and authorize Mayor to execute the Professional Services Agreement for this important project. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 CC: Valerie Bradley, Assistant to the Director David Fleming, P.E., Construction Manager Mike Hutchison, E.I.T., Senior Civil Engineer Mike Patterson, Operations Manager Charlie Thomas, P.E., City Engineer Angela Turner, Graduate Engineer PF/kw •0 4� W N-4 Sewer Interceptor Project Schedule ♦ Professional Services Agreement ♦ Design and Land Acquisition ♦ Bidding and Award ♦ Construction Phase WW August - September 2001 September 2001 - February 2002 February - March 2002 March - October 2002 City of Southlake, Texas MEMORANDUM September 4, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Approve Change Order No. 1 to SRO General Contractors, Inc. for the installation of sidewalks along Carlisle Lane from Rainbow Street to South Carroll Avenue and along East Continental Boulevard from South Carroll Avenue to South Hollow Drive. Action Requested: Approve Change Order No. 1 to SRO General Contractors, Inc. for the installation of sidewalks along Carlisle Lane from Rainbow Street to South Carroll Avenue and along East Continental Boulevard from South Carroll Avenue to South Hollow Drive. Background Information: The Council awarded the contract on the construction of intersection improvements at South Carroll Avenue and East Continental Boulevard on April 3, 2001 to SRO General Contractors, Inc. That construction is now underway Residents in the Cambridge Place Addition and the South Hollow Addition have requested that the City construct sidewalks along Carlisle Lane from Rainbow Street to South Carroll Avenue and along East Continental Boulevard from South Carroll Avenue to South Hollow Drive to provide pedestrian access for children walking to the new elementary school on South Carroll Avenue and East Continental Boulevard. The City Staff designed these two sections of sidewalk and requested a price from the contractor for constructing these two sections of sidewalk. The sidewalk along East Continental is part of the Master Trail System and therefore will be six feet wide. The contractor has provided a price of $26,750 for the sidewalk along Carlisle Lane and $22,504 for the cost of the trail along East Continental for a total of $49,254. The original plans for this project include a section of trail along the west and south side of South Carroll Avenue from East Continental to the new elementary school and a sidewalk along the north side of South Carroll Avenue from Carlisle Lane to Bordeaux Drive, where a crosswalk is planned across South Carroll Avenue to the new elementary school. Financial Consideration: Approval of this Change Order will increase the project cost by $49,254 for a total of $833,176.10. $350,652 is available from South Carroll Avenue and East Continental Boulevard street reconstruction. Citizen Input/ Board Review: Requests for these two sections of sidewalk came from the South Hollow and Cambridge Place Homeowners Associations. Legal Review: None. Alternatives: Council may approve, deny, or modify this change order. Supporting Documents: Change Order Location Map Staff Recommendation: Please place on the City Council agenda for September 4, 2001 for Council consideration and approval. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta s CHANGE ORDER No. I Dated: August 9, 2001 OWNER'S Project No. Architect's Project No. Project Package 3C Carroll Avenue/FM 1709 and 3D Brumlow Avenue/SH 26 OWNER City of Southlake Contract for Reconstruction of Carroll/FM 1709 and Brumlow/SH 26 intersections Contract Date: To: SRO General Contractors, Inc. Contractor You are directed to make the changes noted below in the subject contract: City of Southlake, Texas Owner Billy Campbell Title: City Manager Date: 2001 Nature of the changes: Furnish and install concrete sidewalk as follows: Along Carlisle. from to S. Carroll Ave. Item Quantity Unit Price Total 1. Furnish and install 4" thick (6" across drives) concrete sidewalk with #3 bars 24" ocew complete and in place 6,250 sf @ $ 3.50/sf = $21,875.00 2. Construct ADA compliant curb Ramp "Type I" as detailed complete In place 2 ea @ $ 800.00/ea = $ 1,600.00 3. Construct ADA compliant curb ramp "Type II" as detailed complete in place 1 ea. @ $ 800.00/ea. _ $ 800.00 4. Replacement and/or repair of existing Irrigation systems and landscaping 1 ea. @ $ 2,500.00/ea = $ 2,500.00 Total $ 26,750.00 Along E. Continental from South Hollow to S. Carroll 1. Furnish and install 5" thick (6" across drives) 6' wide concrete sidewalk with #3 bars 24" ocew complete and in place 2. Construct ADA compliant curb Ramp "Type I" as detailed complete In place 3. Construct ADA compliant curb ramp "Type II" as detailed complete in place 4. Replacement and/or repair of existing Irrigation systems and landscaping 4,890 sf @ $ 3.60/sf = $17,604.00 2 ea @ $ 800.00/ea = $ 1,600.00 1 ea. @ $ 800.00/ea 1 ea. @ $2,500.00/ea Total Total Change Order No.I $ 800.00 _ $ 2,500.00 $ 22,504.00 $ 49,254.00 These changes result in the following adjustment of contract price and contract time: Contract Price Prior to this Change Order $ $783,922.10 Net Increase Resulting from this Change Order $ 49,254.00 Current Contract Price Including this Change Order $ 833,176.10 Contract Time Prior to this Change 120 days (Days or Date) Net Increase Resulting from this Change Order 0 days (Days) Current Contract Time Including this Change Order 120 days (Days or Date) The above changes are recommended: City of Southlake City By: Title: Director of Public Works Date: .2001 The above changes are accepted: SRO General Contractors, Inc. Contractor 0 Title: Date: .2001 South Carroll @ Continental Change order for Sidewalks Hj4 MEMORANDUM August 31, 2001 TO: City Manager Billy Campbell FROM: City Secretary Sandra L. LeGrand SUBJECT: Ordinance No. 292-B, Establishing times and places for meetings of the City's Planning and Zoning Commission Action Requested: Approval of Ordinance No. 292-B, amending Ordinance No. 292-A, establishing times and places for the meetings of the Planning and Zoning Commission. Background Information: Ordinance No. 292-B establishes that the Planning and Zoning Commission shall meet on the Thursday following the first and third Tuesday, provided that the Thursday does not fall on a city holiday. The ordinance states that four members of the Planning and Zoning Commission shall constitute a quorum for the transaction of business. Ordinance No. 292-A indicates that the Planning and Zoning Commission would meet at 667 North Carroll Avenue, therefore, making it necessary to change this ordinance. Financial Consideration: n/a Citizen Input/ Board Review: n/a Legal Review: The City Attorney's office prepared Ordinance No. 292-B. Supporting Documents: Ordinance No. 292-B Staff Recommendation: Staff requests that this Ordinance be approved on 1 st reading. ORDINANCE NO.292-B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING ORDINANCE NO. 292-A, ESTABLISHING TIMES AND PLACES FOR THE MEETINGS OF THE CITY'S PLANNING AND ZONING COMMISSION; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS: Section 1. The city Planning and Zoning Commission shall meet on the Thursday following the first and third Tuesday, provided that the Thursday does not fall on a city holiday. Four members of the Planning and Zoning Commission shall constitute a quorum for the transaction of business. Section 2. This ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, 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 3. This ordinance shall become effective after its adoption by the City Council. PASSED AND APPROVED THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY City of Southlake, Texas MEMORANDUM September 4, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, Director of Public Works, 481-2308 Subject: Approve Ordinance No. 807, 1" reading, abandoning a portion of the public right-of-way for T.W. King Road within the Clariden Ranch Addition (formally known as Crown Ridge Addition, Phase 1B). Action Requested: Approve Ordinance No. 807, 1" reading, abandoning a portion of the public right-of-way for T.W. King Road within the Clariden Ranch Addition (formerly known as Crown Ridge Addition, Phase 1B) from the Bob Jones Road to approximately 478 feet south. Background Information: The final plat for Crown Ridge Addition, Phase 1B located at the southwest corner of Bob Jones Road and T.W. King Road was approved on June 8, 2000. The re -alignment of T.W. King Road from Bob Jones Road to approximately 478 feet south was included in the final plat. The new alignment for this section of T.W. King Road has been constructed and vehicular traffic has been diverted to the new roadway. All existing utilities located within the old section of T.W. King Road have been relocated to the new T.W. King Road right-of-way. It was understood at the time the final plat was approved that when the new T.W. King Road platted in Crown Ridge Addition, Phase 1B was completed, the old alignment of T.W. King right-of-way would be abandoned. The developer is now requesting that the City abandon the old right-of-way of T.W. King Road from Bob Jones Road to approximately 478 feet south. The area of right-of-way to be abandoned contains approximately 23,182 square feet. Financial Consideration: None. Citizen Input/ Board Review: None. .., a Legal Review: None. Alternatives: Council may approve or deny this ordinance. Supporting Documents: Ordinance Plat Exhibit Location Map Staff Recommendation: Please place on the City Council Agenda for September 4, 2001 for first reading and Council review and consideration. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta ORDINANCE NO. 807 AN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF T.W. KING ROAD IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE QUIT CLAIM DEEDS RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THESE RIGHT-OF-WAY AND EASEMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that certain portions of T.W. King Road in the City of Southlake, are not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a correspondence benefit, and the public would be better served and benefited by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute a quitclaim deed releasing all title, ownership, and control in said right-of-way to the owners of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The following right-of-way in Clariden Ranch, Phase 1B is hereby vacated and abandoned as public property: T.W. King Road, a dedicated public street, more specifically described in Exhibit A and shown on Exhibit B. Further, the franchise utility companies have expressed no objection to the abandonment of said right-of-way as recounted in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein for all purposes. The right-of- way is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the right-of-way on the behalf of the City of Southlake, Texas. SECTION 3 A copy of said quitclaim shall be presented for filling with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2001. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney EXHIBIT "A" A Property Description. BEING a 0.532 acre tract of land in the R.D. Price Survey, Abstract No. 992, situated in the City of Southlake, Denton County, Texas and being a portion of that tract conveyed to Terra/Southlake Joint Venture by document recorded under County Clerks File No. 00R0071225 of the Deed Records of Denton County, Texas (DROCT) and being more particularly described as follows: COMMENCING at a P.K. Nail found, said nail being the northwest corner of the said Terra/Southlake Joint Venture tract; THENCE.S 00'34'57" E, a distance of 30.00 feet to the Point of Beginning of the herein described tract; THENCE N 89'25'03" E, a distance of 50.00 feet to a point; THENCE S 00'34'57" E, a distance of 43.97 feet to a point, said point being the Point of Curvature of a circular curve to the left having a radius of 50,00 feet, a central angle of 59'06'56" and being subtended by a chord which bears S 30 '08 '24 " E , 49.33 feet; THENCE along said curve to the left, a distance of 51.59 feet to a point, said point being the point of reverse curvature of a circular curve to the right having a radius of 6944.88 feet, a central angle of 1*42'47" and being subtended by a chord which bears S 58'50'29" E, 207.63 feet: 1HENCE along said curve to the right, a distance of 207.64 feet to a point, said point being the point of compound curvature of a circular curve to the right having a radius of 475.00 feet, a central angle of 14'41'41" and being subtended by a chord which bears S 50 '38 ' 15" E, 121.49 feet; THENCE along said curve to tree right, a distance of 121.82 feet to a point; I11---NCE S 00'34'57" E, a distance of 45.89 feet to a point; THENCE S 89'25'03" W, a distance of 26.10 feet to a point, said point being 'he Point of Curvature of a circular curve to the left having a radius of 425.00 fee". a central angle of 16'51'17" and being subtended by a chord which bears N 49 '33'417" W, 124.57 feet; THENCE along said curve to the left, a distance of 125.02 feet to a point, said point being the point of compound curvature of a circular curve to the left having a radius of 6894.B8 feet, a central angle of 1'42'47" and being subtended by a chord which bears N 58'50'29" W. 206.14 feet; THENCE along said curve to the left, a distance of 206.15 feet to a point, said point being the point of reverse curvature of a circular curve to the right having a radius of 100.00 feet, a central angle of 59'06'56" and being subtended by a chord which bears N 30'08'24" W, 98.66 feet; THENCE along said curve to the right, a distance of 103.18 feet to a point; THENCE N 00'34'57" W tangent to said curve, a distance of 43.97 feet to the Point of Beginning and containing 23,182 square feet or 0.532 acres of land, more or less. �P�rcOF Vic, BOB HEMXRSON A. 26M NOTE: 1. BEARINGS ARE REFERENCED TO THE NORTH LINE OF THE SOUTHLAKE/SOLANA, LTD. DEED AS RECORDED IN VOL. 4033, PG. 1S,33, D.R.O.C.T. (�00D7KNI hARSHALL i CIVIL ENGINEERS — PLANNERS — SURVEYORS 6001 Bridge Street, Suite 100, Fort Worth Texas 78112 Metro (817) 429-4373 Scale r NONE greet 1 or 2 Dater JULY 2001 Job No. r 9863 Drof ted r R . D . H . Checked, R . D . H . EXHIBIT —A-� El C' POINT OF COMMENCING IY� _ _ _ N 89'25'10" E (60' R.O.W.) S 00'34 57' E — — - -- — Li� z•0' _WEST BOB JON S ROAD 1 POINT , -- - --- iR OF = �- BEGINNING ' J 1 10' a E: —� .0- TERRA/SOUTHLAKE JOINT VENTURES p l ' C.C.F. No. 00R0071225 Q 0.R.D.C.T. 0 1 PROPOSED m I CLARIDEN e C� RANCH Z \ PHASE lB I X Ln �� I 4C T 0 0 m I SI VER SPUR La �� �__.-_---------{----- -, ,4 COURT v �! PROPOSED - i CLARIDEN RANCH\ PHASE 1B 3 Q TERRA1SOUTI-ILAKE_ JOINT VENTURE 61 ; v I C. C. F. No. 00R0071225 D. R. D. C. T. OCK 5 CURVE DATA CURVE DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD C1 59'06'56" 50.00' 51.59, 28.36' S30'08'24"E 49.33' C2 1'42'47" 6944.88' 207.64' 103.83' S58'50'29"E 207.63' C3 14*41A1" 475.00' 121.82' 61.25' S50'38'15"E 121.49' C4 16 *51'17" 425.00' 125.02' 62.97' N49'33'27"W 124.57' C5 1*42*47" 6894.88' 206.15' 103.08' N58'50'29'W 206.14' C61 59'0656" 1 100.00' 103.18' 56.71' N30'08'24"W 98.66' LINE DATA ���PQ� oF LINE BEARING DISTANCE L 1 N89 '25'03 "E 50.00' L2 S00'34'57"E 43.97' L3 S00'34'57"E 45.89' L4 S89'25'03"W 26.10' L5 N00'34'57"W 1 43.97' NOTE: 803 HEN.D' 90M JR. q 2502 01 1. BEARINGS ARE REFERENCED TO THE NORTH LINE OF THE SOUTHLAKE/SOLANA, LTD. DEED AS RECORDED IN VOL. 4033, PG. 1933, D.R.D.C.T. ( OODWINI MARSIH.A1 L i CIVIL ENGINEERS — PLANNERS — SURVEYORS Scale: I' = 100' Sheet c of 2 Date ; JULY 2001 Job No. ; 9863 Drafted: R . D . H . 6001 Bridge Street, Suite 100, Fort Worth Texas 76112 Metro (817) 429-4373 Checked; R.D.H. 16 T.W. King ROW to be abandonded N ■ 08.14i2001 13:37 FAX Z 02 FBO)�`8��+/B EN��INEE O r%- FT. WORTH (THU) B. 9' Di 8:97/ST_ 0:26/v0. 4864300Si3 Pc)ev 2�0 � f dc L We, the unde�!�as ddWy a .yes of the M pective uduty c�p,piit�. GXPM" no objection to the -ban danmew of the eesmnetrt or right-ofwuy to a& on tba pla 7'XU E}uoric t Gas Tr�,ouecy Ekc.. Coop., bw- Sipsed. SiVwd. I PsiName: Primal Nww Talc: Tom. ' Dam !_ I Verb Cl+sner Can.R.�tieat+oni � Sued: Sued _ Pnntad Nwu: Prinoed Name: T ide• Tida- t oDiamawd st1e work' 0910 Somme ComnwnigNRivro r Siya�d. Saud. _...�_ ttim d Now: Priatad Nar W r) ?-A*r Tift �r Sow 1 Dow,r 08/14/2001 13:37 FAX Z03 AOC-11-01 06:64M Praot- + T-860 P.02/D2 F-610 Wt. fire =damped,• w du)y auiho&zd rcprmimfiv= oMe rr_iTet, vc ubHWcompsnim bcmby egnm no objeetian to the abandonment of the a S==t or zi*"f--way So anoted on the armed pLtL 7xi1 E C;" Tri C�ntY Ei Coop, InC. r Sigrid; Signed' Printed Nas W OA1 I"�/'t�� Prmocd Naw& r � Title t _WS IfVj W 61hWt-60- Titic Daft. 4 VNIXM QQ����..� ... .-li:ti' ._.._.. ......:'J ._-..tom ... ... .. fthod Dar. DM - t&wA=d Shamrock SigKd: PrNa6w Tak�..,.. _.. _ sau*vmwm Hell _ sue. Pristad Nae Ti" Date• Oba Sau=e c mMunweacm Sisnw Priaeed Name Tick Haas• 08/14/2001 13:37 FAX Z 04 { i OS/DV too_ 00:13 FAX p; We. the undenimcd. as duly mahorimd rueeseatmv�s of too oea�rectfva utii�4 + �Y a prem ne objection to the abando a mm of the euemeat or ci&,ltt-af-a y as nmed on the ataaod TXU E6 is a Gw Tri-c u late ram. lrr. s s;�,ea: st r11 h;rftd Nam: p Now:—<Zil'i A EVA Bikiil Tidy t!tie;Doe- J�ibG�6iS r Tltk: Dam DIAWMd Shaaavck Sided` Printed Name: i Title: Dom; Sovlm* Sell SON& Primed Names 1 Dace: t Z/Z e6ed •`Wd6t=Z Lc-8-6ny Chanter swpw,— Ptiamd W&M.- Title: Darr Om Sourea CmM mications Sim Pt hOmd Nano: Tmw Date `•9ttt 9VL L t 9 :an;l8.led=o ar.JlOai3 Azwrco - ;al :A9 lue QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor"), does hereby bargain, sell, release, vacate, abandon and forever quit claim unto: Terra/Southlake Joint Venture and any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the property described on Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim or demand any right or title to the aforesaid property premises or appurtenances or any part thereof. EXECUTED this day of 72001. CITY OF SOUTHLAKE, GRANTOR MAYOR STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 2001, by Notary Public in and for the State of Texas My commission expires: Type or Print Notary's Name Return to: City Secretary City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 Grantee: City of Southlake, Texas MEMORANDUM August 29, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Approval of Library Study Rooms Use Policy Action Requested: City Council approval of library study room use policy. Background Information: The Library Policy Committee recently developed the study room use policy. Library staff members have reviewed the policy information provided by the Committee and have not recommended any modifications. The two public study rooms would be available on a first come, first served basis. They are capable of seating up to four people and patrons wishing to use them must sign in at the front desk and present a current Southlake Public Library card. Patrons using the study rooms must abide by the library code of conduct policy and are forbidden from adhering items to the walls. The proposed study room use policy, in its entirety, gives clear direction on the appropriate use of the study rooms and assists staff in providing consistent oversight. Financial Considerations: Not Applicable. Citizen Input/ Board Review: Developed by Library Policy Committee. Approved for recommendation to City Council by the Library Board (5-0) at their August 22, 2001 meeting. Legal Review: Not Applicable. Alternatives: The City Council may direct further changes or additions to the policy. Supporting Documents: Supporting documents include: - Proposed Study Room Use Policy Staff Recommendation: City Council approval of the proposed library study room use policy. .�I Southlake Public Library Board Policies and Procedures Manual Policy: Study Room Use Source: City Council Category: Administration Effective Date: September 4, 2001 Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in use of the study rooms. Policy Statement The Southlake Public Library study rooms are available for a quiet place to study. The rooms are available on a first- come, first- serve basis. Patrons desiring to use the study rooms must sign in at the reference desk and show a current Southlake Public Library card. G The library's study rooms accommodate a maximum of four persons each. Groups needing P p regular or occasional meeting space will be referred to other meeting facilities in the community. Patrons will abide by the Southlake Public Library Code of Conduct and will not adhere items to the walls. 51W2 City of Southlake, Texas MEMORANDUM August 29, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Approval of Library Exhibits and Display Cases Policy Action Requested: City Council approval of the library exhibits and display cases policy. Background Information: The Library Policy Committee recently developed the exhibits and display cases policy. Library staff members have reviewed the policy information provided by the Committee and recommended a minor modification which was included and reviewed by the Library Board. The policy dictates that the library will limit the use of its exhibit spaces to library produced exhibits prepared by staff to reflect topics of interest to visitors. The library may borrow items from individuals, local organizations, groups, or businesses and may credit the lender. No library space will be available for unsolicited exhibits. The library will take reasonable care of the display items but will not provide insurance to cover the items and assumes no responsibility in the event of loss, theft, or damage. The proposed policy, in its entirety, gives clear direction and consistent guidance on the appropriate use of the exhibits and display cases within the library. Financial Considerations: Not Applicable. Citizen Input/ Board Review: Developed by Library Policy Committee. Approved for recommendation to City Council by the Library Board (5-0) at their August 22, 2001 meeting. Legal Review: Not Applicable. Alternatives: The City Council may direct further changes or additions to the policy. Supporting Documents: Supporting documents include: - Proposed Exhibits and Display Cases Policy Staff Recommendation: City Council approval of the proposed library exhibits and display cases policy. 5I Southlake Public Library Board Policies and Procedures Manual Policy: Exhibits and Display Cases Source: City Council Category: Administration Effective Date: September 4, 2001 Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in the use of exhibits and display cases. Policy Statement The Southlake Public Library limits the use of its exhibit spaces to library produced exhibits. Exhibits will be prepared by library staff to reflect topics of interest or potential interest to library visitors and will present a variety of ideas on issues of contemporary interest. Library staff may borrow items from individuals, local organizations, or businesses to groups, use in the display and may credit the lender. No library space is available for unsolicited exhibits. The library will take reasonable care to ensure the safety and security of items displayed, however the library has no insurance to cover exhibit items and assumes no responsibility in the event of loss, theft, or damage. Exhibitors are encouraged to insure items of value and will be required to sign a form that releases the library from responsibility for loss, damage, or destruction. Display of items in the library does not indicate endorsement of the issues, events, or services promoted by those materials. City of Southlake, Texas MEMORANDUM August 29, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 1527) SUBJECT: Approval of Library Handouts and Bulletin Boards Policy Action Requested: City Council approval of the library handouts and bulletin boards policy. Background Information: The Library Policy Committee recently developed the handouts and display cases policy. Library staff members have reviewed the policy information provided by the Committee and have not recommended any modifications. The policy states that the library may act as a distribution point for handout materials for public awareness from non-profit groups, community groups, educational/governmental agencies, and library handouts. Handouts of a commercial nature will not be accepted. Final authority for all handouts and bulletin board announcements will rest with the Library Administrator and approved announcements will be marked "Approved For Posting," dated, and initialed. When space is limited, priority is given to the library, City government, and local organizations in that order. The proposed policy, in its entirety, gives clear direction and consistent guidance to staff regarding the appropriate use of handouts and bulletin boards within the library. Financial Considerations: Not Applicable. Citizen Input/ Board Review: Developed by Library Policy Committee. Approved for recommendation to City Council by the Library Board (5-0) at their August 22, 2001 meeting. Legal Review: Not Applicable. Alternatives: The City Council may direct further changes or additions to the policy. Supporting Documents: Supporting documents include: - Proposed Handouts and Bulletin Boards Policy Staff Recommendation: City Council approval of the proposed library handouts and bulletin boards policy. 5J 41 Southlake Public Library Board Policies and Procedures Manual Policy: Handouts and Bulletin Boards Source: City Council Category: Administration Effective Date: September 4, 2001 Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in handouts and bulletin boards. Policy Statement The Southlake Public Library acts as a distribution point for handout materials for public awareness from non-profit groups, community groups and educational or governmental agencies, as well as handouts prepared by the library to promote materials and services. Specified areas within the library are made ..,available for such handouts. Handouts of a commercial nature will not be accepted. The library, at its discretion, will provide reasonable space for announcements and notices of programs and activities sponsored by non-profit civic, cultural, and educational groups through bulletin board / kiosk space. Announcements of a commercial nature will not be accepted. Final authority for all handouts and bulletin board announcements rests with the Library Administrator. All approved announcements will be marked "Approved For Posting, dated and initialed. The library reserves the right to remove inappropriate and / or unapproved items from the bulletin boards at any time, as well as outdated items and those which have been posted in excess of three months. When space is limited, priority is given to Library, City government, and local area groups and organizations in that order. Petitioning, Solicitation or Distribution of Literature The Library does not allow petitioning, solicitation, distribution of literature or leaflets, canvassing or similar types of appeals by members of the public within the library. Failure to comply will result in expulsion from the library. TO: FROM: SUBJECT City of Southlake, Texas MEMORANDUM August 29, 2001 Billy Campbell, City Manager Kevin Hugman, Director of Community Services (ext. 1527) Approval of Library Programs Policy Action Requested: City Council approval of library programs policy. Background Information: The Library Policy Committee recently developed the programs policy. Library staff members have reviewed the policy information provided by the Committee and recommended minor modifications which were included and reviewed by the Library Board. The Programs Policy provides that adult and youth programming will be developed and presented by the library, or co -sponsored by the library in conjunction with other community organizations. Library programs will be open to anyone wishing to attend and no attendance fees may be charged. Space restrictions or program requirements may limit the number of people who can attend and preference will be given to residents of Southlake. All persons attending library programs are expected to adhere to the library's policy on patron conduct. The proposed policy, in its entirety, gives clear direction and consistent guidance to staff in regards to library programming. Financial Considerations: Not Applicable. Citizen Input/ Board Review: Developed by Library Policy Committee. Approved for recommendation to City Council by the Library Board (5-0) at their August 22, 2001 meeting. Legal Review: Not Applicable. Alternatives: The City Council may direct further changes or additions to the policy. Supporting Documents: Supporting documents include: - Proposed Library Programs Policy (01WIStaff Recommendation: City Council approval of the proposed library programs policy. 5K Southlake Public Library Board Policies and Procedures Manual Policy: Library Programs Source: City Council Category: Administration Effective Date: September 4, 2001 Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in library programs. Policy Statement As part of its role as a Preschooler's Door to Learning and a Community Activities Center, Southlake Public Library offers programs for citizens of all ages. Programs may be developed and presented by library staff or may be co -sponsored by the library and other community organizations. Pre-school storytime programs will be presented by library staff on a regular schedule throughout the year. Other programs for children and young adults will be planned, staff time and budget permitting, during school holidays and summer vacations. Each year the Library Administrator will establish a budget for children's programming. Programs for adults may be scheduled throughout the year as interest warrants. Speakers from community groups and businesses may be invited to present programs on topics of general interest or of a timely nature. Presenters may not directly solicit business before, during, or following a program, although cards and brochures may be left on the display table for attendees to pick up. No fees may be charged to attend any library sponsored or co -sponsored program. Library programs are open to anyone wishing to attend. If space restrictions or program requirements limit the number of people who may attend, preference will be given to residents of Southlake. Persons attending library sponsored or co -sponsored programs are expected to adhere to the library's policies on patron conduct. ug 29 01 11:57a Wendy Vann 817-838-9313 P.1 August 29, 2001 FAXED City of Southlake Benjamin L. Bryner DepaRment 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 terminate above reference zoning case. If you have any questions, please call me at 817-831-6654 or my cell number is 817-832-6654. Sincerely, L Wendy Vannj Charleston Homes, Inc. cc: Carolyn Holder Marian Nicastro W Nv- � 3 2001 '8/30/2001 16:18 . . k 9728994204 PAGE 01 McDonald Associates, PLLC August 31, 2001 Via Fax Transmission — 817481-2097 Mr. Bruce Payne Director of Planning City of Southlake 1400 Main Street Southlake, Texas 76092 Re: QuikTrip — ZA01-073 Specific Use Permit Dear Mr. Payne, Writer's Direct Dial! (972) 745-4301 Writer's E-Mall; mcdonald@landusetx.com The above -referenced case is scheduled for the September 4th City Council meeting. This is a companion case to the zoning request on the same property. The zoning application is scheduled for the first reading on September 4'^ and the second reading on September 18'h. I believe it makes sense to delay the council's consideration of the SUP application until the second reading on the zoning application. Accordingly, would like to request that the SUP case, ZA01-073, be considered at the City Council's September 181h 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 972-899-4201. W' h kind regards, Q vt. Brenda N. McDonald WC'Dy 2001 270 N. Denton Tap. SultelOo • • Coppell, Texas 75019 • • Phone 972-745-4300 • • Fax 972-745-4222 + p.m City of Southlake Department of Planning MEMORANDUM September 1, 2001 TO: Honorable Mayor and 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 W. 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 that there are approximately 50 operations in the City that do ..rr' 1, W f 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 w/' 1 r I • 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. 6/29/01-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 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, 4 Now , 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 39-2-71h 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). 8/21/01-City Council approved (6-0) Ordinance No. 480-LL, First Reading on Consent. FINANCIAL CONSIDERATIONS: None 5 LEGAL REVIEW: The City Attorney's Office has reviewed the proposed revisions to the outside storage ordinance. 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 (W 31 c. ATTACHMENT A PROPOSED CHANGES TO SECTION 43 OVERLAY ZONES SEE PAGES 43-3 & 43-10 I 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 43-1 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 corridor through the City of Southlake. The purpose of the Village Center is to identify a 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 DEFII`IITI IN 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 Required - 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). 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 variance from 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 Y 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. 43-5 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 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 43-7 t (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-1, 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 43-8 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 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 f (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 districts located in _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 with the following regulations: a. All proposed areas used for ancillary outdoor storage and "the associated method of screening shall'be' indicated'on a submitted site plan, developmentplan or concept plan along with scafed`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 used for advertising and display of signage or materials. C. The Type`I screening wall shall meet the articulation require forth in Section 43 I3:d.. This requirement -shall' apply; co nstructed'simultaneously with tiie principal Building or thi 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 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 facin&a public street, except for the following items and events,, (See Exhibit '43-F), '. Also,. the iteins,. and events fisted` below are excluded from the "screening requirements..of"Sectiori 43.3:c4 43-10 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 1. 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 wli A have outside storage are' subject to'the regulations-n 43=3;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 display outside without screening"includes'' those items and similar apes of items listed -below: 1 living plant matenal's 2 bundled firewood; 3) merchandise, associated with the Southlake DPS). • No more than 50%. of the pedestrian path sidewalk of 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 egress ss 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 noL less than 5' (See 'Exhibit 43-G) • Storage area not to exceed` 30% of the linear frontage of the:primgjy building-fSee 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 hall 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 propertky by :reason of package labels;,'saIds tag markers;:signs-orotlierwise. • Such merchandise must not `irriped'e traffic. flow or Such Site distance on''ahe 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"forte in Section 39." If the regul"ations in 6, _issel_dfidwe6nhictwith.,those it 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 thanone (1)= 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 clearlyvisible from elevated roadways (See Exhibit 43-H)`. j. When reviewing site plans, development plans or concept .plans associated with the ancillary outdoor display and sale -of -living•'pl"anl material (i.e. garden center) and its associated materials, ahe City Council may waive the requirement for the Type I screen and allow -2 combination of wrought iron;., and -.masonry materials (smular to thf principle building) provided that the applicant clearly demonstrate ontlif plans submitted 'that 'the associated materials meefi; the a screenin€ 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 Mot prominently displayed or featured from the public right-of-way through"the wrought iron portion of the' screening wall. This may be accomplished by one of the following: l) attaching a semi -opaque (Type II) mesh material to the wrought -iron portion of the screen; 2)Fplacin0iving plant materials such thatthese_plants serve.as a semi -opaque screen for. the ,,non liying_pl. ht material; or 3).stonng these gUUU0 UG11111U 411v, 1 awva..l �✓ __ _ epbirgwe lfyhthugoods are°:not clearly visible from Type'°I screen must . meet the' articulation,_ requirements set forth in Se- d 43.13.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- Prin for primary outdoor Corridor Overlay. Zone materials,. merchandi parking) shall not be regulations. 43-13 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 a. All areas used for primary 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 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, except for the following: 1. M 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 maintenarice: 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' or, flea market, ��,,,. where groups of individual sellers offer goods for sale are notsubjectto the regulations, in Section 419' X- 5. e. General construction activities are, not subject to the regulations in Section 43.9.6:.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 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. Singele Family Residential Property - Any lot or tract of land with single family residential zoning (i.e., RE, SF -IA, 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. �W c. Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible. This shall include equipment on the roof, on the ground or otherwise attached to the building 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 features described herein shall be shown on the required building elevations at the time of site plan approval. 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 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 fora 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 property area 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 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(H) MHOL = 15 %(H) MHFL = 25% of maximum length of either adjacent plane ISOMETRIC OF HORIZONTAL ARTICULATION (W . . ...... ......... ..... .... ......... . . . ....... .. ............. :.= ................. ................................................ . .......... ... F.P— ;== .. . ................................................... I ........................ . . .. . ........................... .......... . . ......... I ............................. t: .................. .................. ................................. . ....... ............ ... . . . ......... . . .......................... . . .... . ............ .......... . .... .......... .. . .. . ............ ........... -.- * -_r- U. . ............. PLAN VIEW -HORIZONTAL ARTICULATION 43-20 MvFL = 25 % of maximum length of either adjacent plane . .. . ... ............. .................... M i U1,11 ELEVATION - VERTICAL ARTICULATION 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' 1 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 (3') 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 L SF-1B G L 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 I-1 K P T I-2 K P T * No bufferyard required Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 43-22 sQa. Lwa F�tN LW EXHIBIT 43-D PARKING PERCENTAGE CALCULATIONS bult-Di N v I I OHGC Pr ' PAR Y- HG /r100 '/o TOTAL 1 t'.4..ra. 6tdq: I - RQM. 1..r.s All 114/rt 1, 1701 /Frt. 110s PAKKIN6 607- Of TOTAL Y R !NG 1 OF'MT1.L VWV MEN psoc. R.o�+•) 1 . 0,P.14/rK. Avf/rM. Mb ,=,K tvt/ rM 171 7 / r.M. 17D. 6i;j 6LD6. I FVZ1�A-KrW6 $LOG. W>6. ttzt +L Ztµ t14/rtM 17v1 /Rrt lips 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 Landsca2e Area Required Per Parking Stall 0-25% 13 square feet per stall 25°/r75% 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 i EXHIBIT 43-E nrnrrrEM Ri1ILDING SETBACK FROM RESIDENTIAL Residential Property Line Residential Rear Yard . 40' i Rear Yard 50 ft. T�,de4ta14to4 e� Cie 100 150 200 Note: Per section 43.11, no non-residential banding or a encroach a 1�ow o mveduline density gesidentiaol land from any property tune of a residentially zoned Property p be built up to within 40 feet of the use designation in the Comprehensive Land Use Plan. However, a structure May or bu feet in height. residential property line, provided that the structure is no greater than one story 43-24 Outdoor Storage Draft Revisions to Section 43 City Council August 21, 2001 EXHIBIT 43-F ACCEPTABLE OUTDOOR STORAGE LOCATIONS Outdoor Storage Draft -Proposed Changes to Section 43 City Council 43-25 August 21, 2001 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. e. 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 tow 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 '/2) 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-HH.) 39.5 OUTSIDE STORAGE a. All areas used for primary and ancillary outdoor storage and'the"associated method o of screening shall be indicated on a submitted site plan,' developmerit,p7an-or concept plan along with scaled elevation' drawings -indicating the tripe of screening 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, 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 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 shall not be located forward of the principal building and when possible, shall be located at the side of the building notfacing 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 bynon-profit organizations provided that the event does 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 39.5.f N). d-aY .. • Such: merchandise °for sale is `not located .further han'I5 `=from' the principle building. • Such merchandise for sale is not located within required landscaped areas, required parking areas„ fire.Ianes fire access waysx or e1. xit ways and is located: on a alf"weather surfaee 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: reason of package labels, sales tag markers; sM or otherwise. • Such. :merchandise must not impede traffic flow or -block site'distah e 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 K' • 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-1B 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-JA and SF-IB 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 -IA 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 -IA, SF - permitted residential uses. (As amended by Ord. 480-G.) 1B, 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-1B, 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, MH 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 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-lB, SF-30, SF-20A, SF-20B, MF-1, 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 -IA, 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 permitted, 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 m. Tennis courts, health clubs, and related recreation facilities provided they are for the primary use I 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 I-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 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 0-1, 0-2, B-1 Revisions to Section 34 City Council August 21, 2001 r q. Feeding pen (not commercial) accessory to farm use AG r. Retail sales incidental to principal activity I-1,1-2 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, 1-1,1-2 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 or 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, B-1, B-2,1-1,1-2, 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 I 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 REQUIRED Type: 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-1 A, 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, C4, 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) 34-4 Revisions to Section 34 City Council August 21, 2001 if cc. Shopping carts Cart collection areas in parking lots shall not be placed in any required parking CS; C-1, C=2; C-3. C- s, pace Shopping carts shall not be stored outdoors for any site approvedafter September 4, 2001 4; S-P-1, S"-P-2,-and unless screened -from the public right-of-way by a+four (4) foot masonry wall. P-LTD" dd. Outdoor display of prepackaged ice machines and 4 vending' machines are allowed to stored C-1, C-2, a C- , S-P-1, S;=P-2, _and outdoors provided that the machine(s) are not clearly visible from the public right -of -'way or Pam„ adjacent residential property. Signage on prepackage ice and vending machines shall not be 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 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 goods, materials,_ merchandise and equipment, iparts, junk or vehicles (overmght',parking):that a. encompasses .s"quare footage which does not exceeds 100% of the floor area of the principle building. Opaque Screen (Type -I) -a screen that is opaque from the groundto a height of at feast 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 screenmay be composed of a mesh material used in combination with a wrought iron fence; landscaped earth berm;, planted vegetation, or existing vegetation. Asemi-opaque scre, ening.:de�ice.:allows the:passage of some light but obscures the' material behind 'the scree ung device ,such =that it is riot prominently displayed. Compliance of _planted vegetative screens or naturahvegetahon will be+judged on .the basis of the.:average matureheight and density of.fohage of, -the subject species, or field observation 0f existing vegetation. Broken Screen (Type III) - a screen composed pf intermittent visual obstructions ffron the ground to a height of at least' 8'. The broken screen is intended to create the impression of separation :of spaces without necessarily eliminating visual. contact betwf 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' ::in length. ;Unobstructed openings shay not be more than 20';in length. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average. mature height and density affolia of subject species, or field observation of existing vegetation. 1 Outdoor Storage Draft Revision to Section 4 City Council Meeting August 21, 2001 ATTACHMENT E DELETIONS TO SECTION 45 SPECIFIC USE PERMITS _.ir=9 �. �MiNii....i- - MI. ��.Mtila.: 4 display Outside storage and of any >equipment, 2 + '.a 11 1. 1 t ^ f the building N storage' en the lot f-land, prineipal the .,1 building and any -ne --tietween ■ Mor i f 1 all other- neted items shall be ser-eefied with a fouf (4) fee (4—en. Outdoor Storage Draft Deletions to Section 45 City Council Meeting August 21, 2001 tfaner-s, and ee ---T��--ser-ed etAsrde,exsluding--vehieles, fnaehiner-r e -ewe rube- st-eeked ne higher- than-ene-(1) feet . ........... . ..... For- all pfopefties with non r-esidential , rt these r ro. 11 1 and 12 l,' 1. L.ave no fvsidefAial ..,1:.,..o.,.... the f llewing shag ,���.,• 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 ATTACHMENT F PROPOSED CHANGES TO THE SCHEDULE OF PERMITTED USES A A mommmmmommmmmmmmmmmummmii EMMUMEMMUMMUMEMEMENNUMMIa■ ■ m MEMMMEENUMMMMMMMMMMEMm ll mmeommmmmmm000mmmmmmmummmmummmmmuummnmumumEMMMMEMEMMMMUMMEMENEEm mIi memomommmmmmmummmunumm mommmomommmmmmmmmmmmmmmi MEMMMENEMMMMMMMMMMMMMm mommmommmmmmmmmmmmmmmm MEMMMENEMMMMMMMMMMMMMmmi MEMMMEMEMMMMMMMMMMMMMmm mommmmommmmmmmmmmmmmmmm ■�� ■ mommmmommmmmmmmmmmmmmmm i ■ ■i■ ■■in ■�ii i 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: NACOMMUNITY DEVELOPMEJ MOUTSIDE STOPAGE4180-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. In addition, to receive a variance from the outdoor storage regulations in this section, the applicant must demonstrate that the variance . will not substantially impair `the intent and' purpose bf the regulations: 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 tfie: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:in non residential districts located a. NACOMMUN= DEVELOPMEMMUTSIDE STORAGE\480-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 ofany required parking f Outdoor storage areas shall not be located forward .of the principal building and when possible, shall be located of the side: of the -_building not facing a public street, _except for the: 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`arees (stared outdoor°for sale beginning- one week before Thanksgiving throughDecember 31) iii. charitable sales events sponsored by.non-profit organizations provided that the event doesnot exceed five.'(5) consecutive days at any one; location. iv. • Acceptable" items or merchandise to be, stored arid` outside without screening: includes those items, and NACOMMUNM DEVELOPMENMUTSIDE STORAGE\480-LL.DOC) Page 3 Unacceptable items or. in without screening include; items listed below: 1) appli automotive supplies; 5) bic 7)..jewelry; 8) sporting goo sets; 11) motorcycles or sc 14) storage/shipping cone goods such as mulch,. top empty ,propane tanks .(n • No more than 50% of surface area located intended for'the egress building shall be usi rerriaining- pedestrian •chandise to be 'stored outside hose items and smilar`types of _, -1 IN shall contain no less than 5' .(See Exhibit 43-G) • Storage area not to; exceed 30% of the linear 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 Iocated withirn required landscaped areas, required pakiing areass,. -fire lanes,: fire access ways, or exit'ways and is located'.on a aI` 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. Hehltionshrishstamlasnot lto living plantppy materials or he sale ofG trees. • PackageniateriatSr displayed outdoors shall not be readily identifiable by, type or product name from adjacent public streets or adjacent residentia, property by'reason of package Iabels, sal es,tag,markers si s: or -otherwise.. • Such merchandise must;nOt impeder traffic flow or bliicic site distance on the -street. g. Outdoor-Storage`by transient -salespersons is prohibited-,txcept those uses associated with a city approved'festival br, marketplace. h. Outdoor Storage must comply with. the screening requirements set forth NACOMMUNMY DEVELOPMEMMUTSIDE STORAGE4180-LL.DOC) Page 4 5. 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 stacked' na higher than 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=11). j. When reviewing. site plans, development plans 'or concept -plans associated with the ancillary outdoor display and sale of living plant material (i.e: garden center) and4, its associated materials, the City Council may waive the requirement for the Type I `screen and allow a combination of --, wrought iron and- nasonry-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 following: wrought 'irc the screen .wall in a manner that `the, goods are ,not clearly risible fro'rn the public night -of=way. The. Type II'screen must meet the articulatior requirements set forth'in Section 43,13-A. 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 Requirementsfor Primary Outdoor Storage.. The- following are requirements for primary outdoor storage in_ non residential distracts 'located` in :the iterials, merchandise, equipment, parts;,,s.y or. ` yehicles (c .r-king)'; shall' not be-.perinitted unless 'in coni'ormarice with the= a. All areas used for primary outdoor storage and the associated method NACOMMUNMY DEVELOPMDMOUTSIDE 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.c.5.d &` e) arei also subje-cfto the requirements in Subsection 43.9.c.4 and Subsection 39; except for the following: i. adjacent screening of the principle outside: storage material from the public rig -of way may' be accoimh`slied 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 outdoorstorage of living -plant material stored on the ground is not subject to the 'screening requirements in this Sections 43.9.4 or 419.5. Alf equipment, tools, vehicles,.etc. associated with the upkeep and maintenance of the living plant material that are stored outdoors are subject to: the regulations m Section 43.9.c.4. d. A periodic market held in an open area; such._as a farmers' or. flea market, where groups of.individuarsellers offer goods for sale are•not subject to'the,reguiations in Section 439oc 5. e. General construction activities are no subject to the- regulations:An Section 43:9.c.5. SECTION 2. Section 39, "Screening" of Ordinance No. 480, as amended, is hereby amended by adding the following provisions thereto: 5. OUTSIDE STORAGE a. All: areas used for primary and ancillary outdoor :storage and associated method of s'creerung' shall be indicated on a submittee plan; d'evelopment,:plan. or .concept_planalong awith scaled=elev< drawings'in(Rcatmg the type. of screening and materials'proposed b. The primary, outdoor, storagei of living plant ;material: stored on the ground is not subject to the_ screening requirements in Section 39: All NACOMMUNITY DEVELOPMENT1OUTSIDE STORAGE%480-LL.DOC) Page 6 s 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 individual sellers offer. goods for sale are,r of 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 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 land 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.3l); 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 merchandise.provided t at the conditions Isted In: this section are met (All"non residential uses wlnchave outside storage are sublect'to tfie'regulatibriS of Section 39 5.f iv). • Acceptable items ormerchandise to --be stored and display outside without screening includes those items and similar types of items.listed below."1),living plantmaterials; 2)'°bundled firewood; 3) 'bagged good's such as mulch, top soil,- fertilizer, play, sand; .5) propane tanks] (storage must conform Yo: standards and regulations`ofithe City of Southlake,DPS), mmerchandise associated with the=holidays and - mechanical equipment associated with"lawn and garilen came andmauiten&Wc Nsplsy must be in conjunction w�th:a promotional event and may not be stored; outside inorethan three'{3 continuous days merchandise must be: removed:at the end of bus -mess day). Unacceptable. items 6r`inerchandis6. to be" stored outside without screening includes those��tems and IMI ar types, of items'li'sted below: 1'_)' appli`ances; 2). antiques;; 3) artwork; 4)=automotive supplies;' 5,).,bicycl'es; 6)-f6dd` and"drinTc"products; 7) jewelry; ) NACOMMUMTY DEVELOPMENWUTS[DE STORAGE\480-LL.DOC) Page 7 sporting goods;. 9) swimming pools; 10) swing sets; 11) motorcycles or scooters; 12) fizrriiture; 13) clothes; 14) storage/shipping containers; -and 15). tools. • No more than 50% of the pedestrian pdff or sidewalk located parallel to thie front of the 'building interided`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: hiave a sidewalk or pedestrian pathlocated 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.' linear 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; orexit ways and is located on a-ah west "" 4su face • Such display, of goods shall be ntained in a -.heat orderly manner and.not be stacked higher ihan°aheight of four (4)eeti. 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 `'orproduct name .from adjacent public streets byreason'of package labels, sales tag,markers, signsor otherwise.. • Such merchandise must not impede traffic flow or block site distance on the street. f Outside Storage' isnot. a permitted in residential districts. g. Screening of the, outdoor storage materialassociated with a primary use may be accomplished throughfany ac eptable ype ' III 'screening device. SECTION 3. NACOMMUMTY DEVELOPMENT\OUTSIDE STORAGEW80-LLMOC) 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, CG2 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 September4,; 2001.unless screened from the public anu PM" right-of-way by a four (4) foot masonry wall. dd. Outdoor display of prepackaged ice machines and vending machines are CS, C-4,: S-P- L S-P-2; allowed to be stored' outdoors provided that the machines) are not clearly d PUD" visible from the public right-of,way: or adjacent residential property., an Signage on prepackage ice and vending machines shall not be readily identifiable by type or product name from adjacentpublie streets: SECTION 4. Section 4 "Definitions" of Ordinance 480, as amended, is hereby amended by adding the following definitions thereto: Primary Outside Storage -:,outside storage and display of goods,;=_ merchandise and equipment, ; parts; junk or vehicles _(overmght pari encompasses a square footagexwhich exceeds 100%.of the floor area of th building or outside storage and display of ,'goods, mate'vials, ; mercha equipment, parts, junk or.vehicles used in conjunction with ariy use principle building is present. 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 does not exceeds 1006/o 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 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° TI) - a sc een that is semi -opaque from the ground'to a height of at ,least' 8 with' ntermittent=yisual.- obstruction that createsa strong impression of ' isual? and spatial separation. A senu opaque screen maybe composed of a mesh material used m conbinat'on with a wrought.'uon fence, l'andstcaped 'earth berm, planted vegetation;. or existing vegetation.'; Asemi=opaque screening device allows, the passage of"sorneFliit but obscures, tfie, material -behind the screening device such thatit. is not.piominently displayed. Compliance of planted vegetative NACOMMUMTY DEVELOPMENINOUTSIDE STORAGE\480-LL.DOC) Page 9 screens or natural vegetation will bejudged 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 compose from the ground to a height of at least 8'. The b impression of separation of spaces without ne between the spaces. The screening portion.. n consist of a wall, fence, landscaped earth 'b( Unobstructed openings shall' r vegetation screens or natural' mature height and density of existing vegetation. r,ULCLL1ULL WILL oliage of ` sut SECTION 5. intermittent visual obstruc n screen is -intended to crea 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 DEVELOPMEMMUCSIDE 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 N:\COMMUNITY DEVELOPMEMMUTSIDE STOPAGE\480-LL.DOC) Page 1 I r � ! 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 MAYOR ATTEST: day of 92001. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. APPROVED AS TO FORM AND LEGALITY: NACOMMUNITY DEVELOPMENT\OUTSIDE STORAGE\480-LL.DOC) Page 12 MAYOR ATTEST: CITY SECRETARY r CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: MCOMMUNITY DEVELOPMENT\OUTSIDE STORAGE\480-LL.DOC) Page 13 r City of Southlake, Texas MEMORANDUM August 31, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x1527) SUBJECT: Ordinance No. 803, 2"d 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: 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, including the suggestions made at the City Council meeting on August 21, 2001. Financial Considerations: The financial aspects of this ordinance were briefly broached at the last Council meeting. At that time, Council member Stephen suggested changing the language of Section VII (A) on page 11 to funding "not exceeding" 1 % of the CIP budget, rather than an "amount equal to at least" 1 %. The permits the Council flexibility in this regard. 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 two regular meetings. City staff has sought the help of a resident (Ms. Bruning) trained in the administration of artistic resources and has worked with Council members DuPre and Stephen to edit the ordinance. City Council approved Ordinance No. 803 on First Reading (6-0) at its August 21, 2001 meeting with changes. Im 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 the prior draft extensively. Ordinance No. 803, Public Art Policy August 31, 2001 Page 2 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, 2nd Reading, Public Art Policy Staff Recommendation: City Council adoption of Ordinance No. 803, Public Art Policy, with direction to staff as necessary. K 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 "ONE -PERCENT FOR ART FUNDING MECHANISM; AND ESTABLISHING A PUBLIC ART ADVISORY COMMITTEE TO REVIEWPUBLIC ART ISSUES AND MAKE RECOMMENDATION TO CITY COUNCIL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILIT'c CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF PROVIDING A SAVINGS' CLAUSE; PROVIDING FOR PUBLICATION IP PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAI NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has given published notice and held public hearings with respect to the advertisement of the ordinance as required by law; WHEREAS, it is a goal of the City Council to provide a fair and equitable method of selecting, acquiring or otherwise providing for elements of public artworks based on aesthetic excellence rather than specific content; WHEREAS, the City Council desires to include a substantial element of public review in the above -described process, including the appointment of an advisory committee to make recommendations to Council concerning public' artworks; WHEREAS, the City Council determines there is a public benefit in establishing a means of funding the acquisition and/or commission of public artworks on behalf of the City; 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. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. 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 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of this ordinance, or any other ordinance as it may relate to public artworks, which have accrued at the time of the effective date of this ordinance; and, as to such 4 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 6. 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 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. 5 I MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: IN MAYOR ATTEST: CITY SECRETARY C I. Purposes and Goals. CITY OF SOUTHLAKE PUBLIC ART POLICY 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 ,. 9. exhibit art in designated facilities for the enjoyment of the public and to heighten awareness and appreciation for art. 7 H. 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: l . works that are mass produced or created primarily for merchandising, advertising, ILor commercial purposes; 8 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. 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 arts -related field, two (2) members being general citizens, and one (1) member of the W. E -�a 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' 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. A 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. 2. Plan, develop and coordinate existing and future sites for the incorporation of Artworks and Artist services. 10 r 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 project. 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 e y' 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 funded 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 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. IL N 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 budgetprocess, 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 fmal 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 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 12 r 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. 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. 13 t 'r 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 A. General — Whenever possible, 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 Artist(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 and 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. B. Methods of Selecting Artists: The City Council, with the recommendation of the Public Art Advisory Committee, shall determine the appropriate method of Artist selection. 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. C. 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 16 r J property of the Artist, but the city shall have the right to exhibit and use them for educational and promotional purposes. D. 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. E. 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. 17 F, 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. City of Southlake DeDartment of PlanninLy STAFF REPORT August 31, 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 A 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-1" Office District TRANSPORTATION ASSESSMENT: Master Thoroughfare 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 [i 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*: P&Z ACTION: 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. August 9, 2001; Approved (6-0) subject to Site Plan Review Summary No. 3, dated August 3, 2001, specifically excluding any requested variances. CITY COUNCIL ACTION: August 21, 2001; Approved to Table (6-0) to the September 4, 2001 Regular City Council Meeting. STAFF COMMENTS: Attached is Site Plan Review Summary No. 5, dated August 31, 2001. Case No. Attachment A ZA01-068 Page 2 Vicinity Map Bank One 1000 0 1000 2000 3000 Feet N E 60 Case No. Attachment B ZA01-068 Page 1 Case No. Attachment C ZA01-068 Page 1 F� � vim, �� ��� � _ � � x �; ;. t n, ,� � .� � :. A ,� .. � x st � ..� u -- t � — �.-� � a � # � r� a � � ., z;�g µ � ��� � i I�i�lw r Yix � �� � ,t 4 �. Im IR IR Case No. Attachment C ZA01-068 with pitched roof canopy Page 3 q � he�i III � i 111 3 �� �I III I III 7 II1J' Case No. Attachment C ZA01-068 with pitched roof canopy Page 4 SITE PLAN REVIEW SUMMARY Case No.: ZA01-068 Review No.: Five Date of Review: 08/31/01 Project Name: Site Plan — Bank One ARCHITECT: Gensler Architects Robert Bruyere 5430 LBJ Freeway, Suite 400 Dallas, TX 75240 Phone: (214) 273-1500 Fax: (214) 739-8100 (ATTN: Mark Hutson) 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 08/16/01 AND 8/30/01, 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 Complies Residential Adjacency N NA Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Complies 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. Informational Comments A Certificate of Occupancy will not be issued until S. Village Center Drive with the temporary turnaround is constructed. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. Attachment D ZA01-068 Page 1 * 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. Case No. Attachment D ZA01-068 Page 2 ALIG PR Pnn L S: nnPM 11.FHEI FIR 1 3 L P4977051 F. P A.A.,mex:• Piam In ng "Dil" AUp'i\1 29, 2001 Ben DI)TEr Southlakc Awmmg DMariawni City of Scmlhtake Snuth"c. Texas 76M2 5ubieci- FL•iok floe Styallllalke, Tcs.&% Prc�ecl Number. 21.I64 AM File OWL-. 3bd [)car LN{r. aruner mod Commilecc Members: Per the cari=i s made all the August 21 Uty Cuvrscll maiing arxi io sh-,ufue»nl inwting of Auguu 28 with Umncil members Carxg',C.VxWer, pair y bnpre and lam Slephces we ha s: mum ?be foil owin char1ps 111E proposed de9�grL for'the Bank One bnLnL-h hank in Soulh IaLiv The mtenit] of 11K -ow-tical pier end slab wall e;rnrcnts has been Trvewd Lu IILe Ow-vY* Cupnug, C1Waiefield cultured s." product i--k the rotor "Austin", The pitL:I*A r4x,f an Ae cmwpy will be irscorporswd. Tfw aricull ued s11-S fas+esa pwxls ar thr cauop,' sad above The wmdn,a•K at lic trasshitms from the brick to Ilse cchvmd scone num— will rr±rtu,e w presented in the IasrCbunci] rnoettng. ,Nc hope that these chatlm will be satiafMutk aid iSSLVe appIMval of LhedesiP. A trtii sed per-qpectt+e vir- Ia ]lelp illuswme there -ckia s %ill be [erwarded too ym undtx se.perate eotnr. Salecec IV. WV,� Mail; Owi on Nujekt Aochirmi WO 1:ec Inatiue 11C.a x CimsXo I;I.nuo 6 v t , lTkne:y�sA6Td014�+1 lc:. 111. lib t�:? Fa. Case No. Attachment E ZA01-068 Page 1 Surrounding Property Owners Bank One Property Owner 1. Chase Bank of Texas, NA 2. Chevron USA, Inc 3. Otr/Regency Tx Realty Holdings 4. Wendy's International Inc. 5. Southlake Land Ltd. 6. Bedford Pioneer 7. Southlake Land, Ltd. 8. Bootstrap Investments Inc. 9. W. William Case No. ZA01-068 Zoning Land Use 1. "C-3" 1. Retail Commercial 2. "C-3" 2. Retail Commercial 3. "C-3" 3. Retail Commercial Acreage 1. 2.12 acres 2. 0.94 acres 3. 13.15 acres 4. "C-3" 4. Retail Commercial 4. 0.79 acres 5. "CS" 5. Office Commercial 5. 14.95 acres 6. 660-1" 6. Office Commercial 6. 2.73 acres 7. "0-1" 7. Office Commercial 7. 1.41 acres 8. "C-1" 8. Office Commercial 8. 2.07 acres 9. 440-1" 9. Office Commercial 9. 1.00 acres Attachment F 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 C: RECD �J�1 Case No. Attachment C ZA01-068 with pitched roof canopy Page 2 1 City of Southlake • ' Department of Planning STAFF REPORT August 31, 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 second reading. 2. Conduct public hearing. 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 i 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 -IA" Single Family Residential District P&Z ACTION: August 9, 2001; Approved (6-0). COUNCIL ACTION: August 21, 2001; Approved (6-0) first reading on consent. STAFF COMMENTS: No plan is required with a request for "SF -IA" zoning. NACommunity Development\W-FILESWEMO\200Icases\O1-065Z.doc Case No. Attachment A ZA01-065 Page 1 (40, Vicinity Map Lots 2-15, Park Meado`►vs Court L Case No. ZA01-065 1000 0 1000 2000 3000 Feet W Attachment B Page 1 Surrounding Property Owners Park Meadows Court J J 111 JO DAN bR 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 Case No. ZA01-065 � 4 18 19 1 3 5 17 6 16 � 7 0 15 8 it u 14 13 10 12 11 Land Use Acreage Zoning 1. AG 1. Low Density Residential 1. 12.8 2. SF-lA 2. Low Density Residential 2. 0.44 3. SF -IA 3. Low Density Residential 3. 0.37 4. SF -IA 4. Low Density Residential 4. 2.160 5. SF-lA 5. Low Density Residential 5. 1.995 6. SF -IA 6. Low Density Residential 6. 2.195 7. SF -IA 7. Low Density Residential 7. 2.050 8. SF -IA 8. Low Density Residential 8. 2.103 9. SF -IA 9. Low Density Residential 9. 2.055 10. SF -IA 10. Low Density Residential 10. 1.79 11. AG 11. Low Density Residential 11. 19.569 12. C2 12. Retail Commercial 12. 2.176 13. SF -IA 13. Low Density Residentail 13. 1.73.4 14. SF -IA 14. Low Density Residential 14. 1.411 15. SF -IA 15. Low Density Residential 15. 1.549 16. SF -IA 16. Low Density Residential 16. 1.587 17. SF-lA 17. Low Density Residential 17. 1.595 18. CS 18. Public/Semi Public 18. 7.887 19. CS 19. Public Parks/Open Space 19. 6.00 Attachment C 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. ZA01-065 Attachment D 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 1A, 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 -IA" 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. ZA01-065 Attachment E 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 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.DD acre as Tract one and Tract two of the Affidavit of Heirship to Johnnie F. Brumbalow and Walter J. Brumbalow, as recorded in Volume 8850. Page 532 of the Deed Records of Tarrant County, Texas, and being more particuiarly described by metes and bounds as forlows: BEGINNING at a 'h 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 Southtake as recorded in Volume 388-181, Page 8 of the Plat Records of Tarrant County, Texas, and being in the south line of Keller I.S.D. tract as recorded in Volume $641. Page 499, of the Deed Records of Tarrant County, Texas; THENCE S 69°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 Jeilico Estates as recorded in Volume 388-91, Page41, of the Plat Records of Tarrant County, Texas; THENCE S 00003'27' E, along the common tine of said called 20.00 acre 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 00'0327" E. a distance of 13.77 feet to a point for comer; THENCE S 89052*32" 1N a distance of 356.61 feet to point for corner, said point being in the east line of the said Cimmarron Additon and being in the west line of said 20.00 acre tract; THENCE N 00"114'36" E. along the common 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 Q City of Southlake Department of Planning STAFF REPORT August 31, 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: 1. Consider second reading for a zoning change and concept plan request. 2. Conduct public hearing. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-373 (H) 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 two office buildings sites on two lots. PROPERTY SITUATION: This property is located on the north side of West Southlake Boulevard (FM 1709), approximately 400' west of West Jellico Circle. HISTORY: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING: TRANSPORTATION ASSESSMENT: Case No. ZA01-066 There is no recent development history on this property. This property is legally described as a portion of Tract IA, Jesse G. Allen Survey, Abstract 18, being 3.64 acres. Low Density Residential "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 Neither of these lots proposes access directly onto West Southlake Boulevard (FM 1709), instead each lot will be accessed by 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*: P&Z ACTION: COUNCIL ACTION: Traffic Impact Lot 1 Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT Office 115,200 1167 121 3 14 19 *Vehicle Trips Per Day Lot 16 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). Table #2 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. August 9, 2001; Approved (6-0) subject to Concept Plan Review Summary No. 3, dated August 3, 2001, specifically denying all requested variances. August 21, 2001: Approved (6-0) on consent, subject to Concept Plan Review Summary No. 4, dated August 31, 2001. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 5, dated August 31, 2001. The following variance needs council action: • Ordinance No. 634, Section 5.2d — driveways must have a stacking depth of 75'. NACommunity Development\WP-FILES\MEMO\2001cases\01-066ZCP-Rl.doc Case No. Attachment A ZA01-066 Page 2 Vicinity Map Lots 1 & 16, Park Meadows Court 1000 0 1000 2000 3000 Feet N W E Case No. Attachment B ZA01-066 Page 1 Case No. ZA01-066 Attachment C Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA01-066 Review No.: Five Project Name: Concept Plan — Lots 1 & 2, Park Meadows Addition APPLICANT: Terra Land & Cattle Co. 2740 Fuller Wiser Euless, TX 76039 Phone: 817-540-3993 Fax: 817-540-5422 Attn: Paul Spain Date of Review: 08/31/01 ARCHITECT: M.J. Wright & Associates 700 E Southlake Blvd., Ste. 170 Southlake, TX 76092 Phone: 817-424-3664 Fax: 817-329-0093 Attn: Michael J. Wright CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/27/01 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.. The proposed driveway stacking depths do not comply with the Driveway Orsdinance No. 634 as follows: a. Lot 1 requires 75' of stacking depth measured from the R.O.W. to the intersecting drive lane. 30' of stacking is provided. (Variance requested.) b. Lot 16 requires 75' of stacking depth measured from the R.O.W. to the intersecting drive lane. 30' of stacking is provided. It should be noted that reducing the number of proposed parking spaces from 51 to 49 spaces (47 spaces required for general office use) would reduce the required stacking depth to 28'. (Variance requested.) 2. The graphic shows 67 parking spaces for Lot 1 and 51 parking spaces for Lot 16, the Site Data Summary Chart shows 65 and 50, respectively.. Please correct. Informational Comments: 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. Case No. Attachment D ZA01-066 Page 1 * 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. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. NACOMMUNITY DEVELOPMENT\WP-FILES\MEMO\2001CASES\01-066ZCP-R1.DOC Case No. Attachment D ZA01-066 Page 2 Surrounding Property Owners Park Meadows Court FROB* 1. 2. 3. 4. 5. 6. 7. 8. 9. Owner Zoning Land Use J. Brumbalow 1. AG 1. Low Density Residential W. Goodell 2. SF -IA 2. Low Density Residential R. Slayton 3. SF-lA 3. Low Density Residential Horn & Toad Properties 4. AG 4. Low Density Residential M. Schaefer 5. AG 5. Low Density Residentail P. Schaefer 6. AG 6. Low Density Residential J N S Land Family Limited Prt 7. SF-lA 7. Low Density Residential City of Southlake 8. C2 8. Retail Commercial City of Southlake 9. SF -IA 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 E Page 1 Surrounding Property Owner Responses Park Meadows NOTICES SENT: Nine (9) RESPONSES: None Case No. Attachment F 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 G 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 G 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 G ZA01-066 Page 3 Being a portion of Tract IA, 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 G 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 G 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 MAYOR ATTEST: day of 92001. CITY SECRETARY Case No. Attachment G ZA01-066 Page 6 PASSED AND APPROVED on the 2nd reading the MAYOR ATTEST: day of , 2001. CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA01-066 Page 7 EXHIBIT "A" PROPERTY DESCRIPTION Being a 3.64 acre tract of land situated in the Jesse G. Allan Survey, Abstract No. 18, in 1 arran! County, Texas, and being part of Ca5W 20.00 acres as Tract one and Traci two of the Altridavit of Heirs;hiip to Johnnie F. Brumbalow and War J. Siuralow, as recorded in Volume 8850. f age 632 of the 0leed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as fdkms: COMMENCING at a % inch inert rod sef for nauTVW&&t Coll m of the said calked 20.00 acre tract, same being the northeast cattier of Lot 1, Bloc* 3, of the Cwl nwron Acres Addrlrarr an addition to the Qty of 8outd"as recorded in Volume 388-181, Page 8 of the Plat Records of Tar rent Courtly. Texers, and bring in the south line of Keller 1.5.13. tract as recorded in Volume 5641. Page 499. of the Deed Records a Tarrant County, Texas: HENCE S 8V55'30' E. Wong to aorrxtiorti Nrtie of sand caned 20.00 acre frsct and said Ktelker r.S.(] T(-acl a dWanoa of 6'54.17 feet to a 7h inch iron rod sat for oaner, said point bbirrg the northeast corner of the said 20.Da acre tract, wane breirtg the vres1 Nne of Lot 23. of the Jelkico Estates as retarded in Vdurne 388.91, Page 41, of the Pled Records of Tarrant County, Texas; THENCE S 00= 27" E, DION the 00►1 mn Hrtie of said called 20.00 acre tract and the west li no of the Jeltioo Eotaiss a di rge o< tO 19.80 teat to the P011 T OF BEGINN fNG; THENCE S 00003'2 r' E. along the common line of wind called 20 00 acre trail and the west line of the JedliGp EsWas a distonm of 221.19 feet to a 'A inch ire» rod set in the new right-of- way fine of F.M. t y�ro1709(a variable vjKM right -of vney), and being in a curve is the rig hi have rig a ri edius of 5r6" 58 feet and a delta angle of 63"26'22". THENCE along the said new night- i-"y line of F.M. Kghway 1709 an arc 6istance of 340.D4 Ieet to a Highway Righl-of--way Monument found for comer THENCE S BVW34" W. continuing along the new righl-o ry tine of bead F M. Highway 1709 a distance of 63.68 feet to a M irch iran rod s O for coati, THENCE N 87"4Ef'19" W, cootiouing along the new right-of-way line of said F.M. I fighwaey 1709 a disianee of 158 78 feet to a '/S inch iron Foci set for Comer, said point being in a Carve to the right having a radius of 5644.58 kxq and a dleRa angle of 000591)7" 1 hiEN{:E continuing along the Said new rigIV-of-wayr We of F NI k1ghway 1709ran are distance of 97 06 feet to a % inch iron rod so for eoww, said point being in the east line of the said C imrtlalrmn Addition and being in We west line of said 20.00 acre Wati, I HENU- N 00'04 ' 38" 1" along the common line of said 20-00 we tract and Cirlumrron Acres Addrtion a disia nee of 242.71 feat to a point;. THENCE N 89052'32' E a distance of 350 61 iee't tQ point lbr corner; il-IENCE N 01320377" W. a distance of 13.77 feet to a point for Conner; TkiENCE N W56'33" F. a dist2w;e of 299.96 feel to the POINT OF BEGINNING along the corm n line of said rya 20.00 acre lrad and the west line o7f the 3effica Estates and uuntaining 158.725 square feet or 3.64 acres of hind. R 'U ,J UN I j -2001 Case No. Attachment G ZAOI-066 Page 8 EXHIBIT "B" Case No. ZA01-066 Attachment G Page 9 I j City of Southlake DeDartment of Planning STAFF REPORT August 31, 2001 CASE NO: ZA01-085 PROJECT: First American Bank REQUEST: On behalf of First American Bank, Welch Engineering, Inc. 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: Ben Bryner (481-2086) Case No. ZA01-085 BACKGROUND INFORMATION OWNER: First American Bank APPLICANT: Welch Engineering, Inc. PURPOSE: The applicant is requesting approval of a site plan to begin construction of a bank. PROPERTY SITUATION: The property is located at the southwest intersection of East Southlake Boulevard (FM 1709) and Byron Nelson Parkway. HISTORY: -Tract rezoned to "RPUD" zoning district with "0-1" uses on May 21, 1996. -A preliminary plat was approved on May 7, 1996 for Timarron Addition, Phase 5. -A revised preliminary plat of Timarron Addition, Phase 5 was approved on January 4, 2000. -A final plat was approved for Lots 1&2, Block 61, on March 23, 2000. LEGAL DESCRIPTION: Lot 1, Block 61, Timarron Addition, Phase 5, O.W. Knight Survey, Abstract No. 899, being 1.46 acres. LAND USE CATEGORY: Office Commercial CURRENT ZONING: "R-PUD" Residential Planned Unit Development District with "0-1" Local Retail Commercial District uses. TRANSPORTATION: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Blvd to have 130' of right-of-way. Adequate R.O.W. exists for this road. The Master Thoroughfare Plan recommends Byron Nelson Pkwy to be a 4-lane, divided arterial street with 94' of R.O.W. Adequate R.O.W. exists. Case No. ZA01-085 Existing Area Road Network and Conditions The proposed site will have one (1) full access onto a common access easement that intersects with Byron Nelson Pkwy. A common access drive is shown to connect into the property to the west for access to E. Southlake Blvd. There are no access drives directly on E. Southlake Blvd or Byron Nelson Pkwy. 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. Adequate R.O.W. has been dedicated. Attachment A Page 1 Byron Nelson Pkwy is a four lane, divided thoroughfare with a median. No future plans have been made for this roadway. Adequate R.O.W. has been dedicated. May, 2001 traffic counts on F.M.1709 (between Byron Nelson Pkwy and White Chapel Blvd 24hr West Bound (WB) (22,390 East Bound (EB) (21,334 WB Peak A.M. 1,168 11 - 12 a.m. Peak P.M. 2,077 5 - 6 p.m. EB Peak A.M. 2,114 7 - 8 a.m. Peak P.M. 1,218 4 - 5 m. May, 2001 traffic counts on Byron Nelson Pkwy (between Continental and F.M. 1709 24hr North Bound (WB) (3,303 South Bound 3,387 NB Peak A.M. 346 7 - 8 a.m. Peak P.M. 279 5 - 6 p.m. SB Peak A.M. 194 8 - 9 a.m. Peak P.M. 276 4 - 5 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT Bank w/ drive-thru 5,000 1,326 90 86 131 126 Pathways Master Plan The Southlake Pathways Master Plan recommends an eight (8) foot paved, multi -use trail along the south side of E. Southlake Blvd. The applicant is showing the trail on the site plan. An on -street bikeway has been planned along Byron Nelson Pkwy. WATER AND SEWER: A 10" sanitary sewer line runs along the south side of E. Southlake Blvd adjacent to the property. A 12" water line also runs along the south side or 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 Case No. Attachment A ZA01-085 Page 2 P&Z ACTION: August 23, 2001; Approved (6-0) subject to Site Plan Review Summary No. 2, dated August 3, 2001, granting stacking depth variance. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated August 3, 2001. A variance is requested for the stacking depth required along the common access driveway intersecting Byron Nelson Pkwy. 100' is required and 49' is provided. Case No. Attachment A ZA01-085 Page 3 A Case No. ZA01-085 Vicinity Map First American Bank 1000 0 1000 2000 3000 Feet M la S E Attachment B Page 1 °fit ki hill • J!J ! R � � r 1310 1300 °moo =moo BON ©� go ®loom moo ae10AssseeHe e000�0000 naneoouenn Case No. Attachment C ZA01-085 Page 1 a � � � Y °_ s e zs � � p LU R s lip 000®©®© o ©0 0 0 0 0 00 000® d r y## 0 N CST e J it \ 1 � ■ S 6 o�F M C ° O A A E \ e t a e B : E ■ T° • fig Nil a 6 a } e ■ a e ■ e it 9 a s a e _ a � A a e 6 e 6 E s 6 " A t a t e ■ a� 6 +� e 6 • :E E • A a ■ a a A t ■ a A a - t A _ A � E a v gtj a�-j 8tj a= ■ e 0 0 e a e a e Case No. Attachment C ZA01-085 Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA01-085 Review No.: Two Name: Site Plan - First American Bank (Timarron Addition APPLICANT: Welch Engineering 4109 Cagle Drive Suite D North Richland Hills, TX 76180 Phone: (817) 589-2900 Fax: (817) 589-0990 Date of Review: 08/03/01 ARCHITECT: Jack W. Cumpton & Assoc. 4103 South Texas Ave. Suite 202 Bryan, TX 77802 Phone: (979) 846-3771 Fax: (979) 846-3772 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 Complies Residential Adjacency N N/A Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No. 2 Interior Landscape Y Complies Driveways Y See Comment No. 1 Lighting Y Complies Provide a minimum driveway stacking depth of 100' measured from the R.O.W. of Byron Nelson Parkway to the intersecting "cross" driveway. 49' of stacking is provided. (Variance Requested) 2. Correct the calculations in the bufferyard chart. Some rounding errors have been made on some calculations. 3. Include all curb radii dimensions adjacent to the fire lane. City standard is a 30' interior radius with a 54' exterior radius. Case No. Attachment D ZA01-085 Page 1 INFORMATIONAL COMMENTS * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "0-1" Zoning District. The impervious coverage area percentage of this is approximately 53%. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. Attachment D ZA 01-085 Page 2 Surrounding Property Owners First American Bank Owner Zoning Land Use Acreage 1. Venus (Drews) Partners 1. R-PUD 1. Retail Commercial 1. 1.015 2. Venus (Drews) Partners 2. R-PUD 2. Retail Commercial 2. 3.933 3. City of Southlake 3. CS 3. Public/Semi Public 3. 12.829 4. J. Richards 4. AG 4. Office Commercial 4. 2.365 5. Nelson/Southlake Blvd. JV 5. S-P-1 5. Office Commercial 6. 1.945 6. J. Holt 6. C2 7. Office Commercial 8. 1.126 7. Southern Home Realty Inc 7. C2 9. Office Commercial 10. 1.151 8. Southern Home Realty Inc 8. 01 11. Office Commercial 12. 1.168 9. J. Schroeder 9. C2 13. Office Commercial 14. 0.512 Case No. Attachment E ZA01-085 Page 1 Surrounding Property Owner Response First American Bank NOTICES SENT: Seven (7) RESPONSES: None Case No. Attachment F ZA01-085 Page 1 City of Southlake DeDartment of Planning STAFF REPORT August 31, 2001 CASE NO: ZA01-088 PROJECT: Genghis Grill REQUEST: On behalf of Lincoln Southlake, Ltd., J.PS. Enterprises, d.b.a. Genghis Grill, is requesting approval of a specific use permit for sale of alcoholic beverages. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Exhibit (D) Surrounding Property Owner Map (E) Surrounding Property Owner's Responses (F) Resolution No. 01-059 STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-088 16 BACKGROUND INFORMATION OWNER: Lincoln Southlake, Ltd. APPLICANT: J.PS. Enterprises, d.b.a. Genghis Grill PURPOSE: The purpose of this request is to allow the sale of alcoholic beverages for on - premise consumption within the restaurant. PROPERTY SITUATION: This property is located at 2970 East Southlake Boulevard (FM 1709). HISTORY: -The property was rezoned to "S-P-2" General Site Plan District with "C-3" General Commercial District uses on October 6, 1998. -A site plan was approved on February 2, 1999. -A final plat was approved on August 19, 1999. LEGAL DESCRIPTION: A portion of Lot 3, Block 1, Gateway Plaza Addition. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "S-P-2" General Site Plan District with "C-3" General Commercial District uses �W P&Z ACTION: August 23, 2001; Approved (6-0). STAFF COMMENTS: A site exhibit is included as attachment `C' of this packet. NACommunity Development\WP-FILES\MEMO\2001 cases\01-088SUP.doc Case No. Attachment A ZA01-088 Page 1 Vicinity Map Genghis Grill 1000 0 1000 2000 3000 Feet MA Case No. ZA01-088 N S E Attachment B Page 1 n Case No. ZA01-088 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ n y W o ANY= x4adou moon a, o-V a ' VZVZd 'HUMD a•��, �� �; a D O ❑ CIO ❑ ❑ ❑ o ❑ ❑ n ❑ .❑ . ❑ d. .0 ❑ ❑ D ❑ Attachment C Page 1 W Surrounding Property Owners �. Genghis Grill PA 1 w A 9R Location of SUP Request Owner Zoning 1. Wyndham Properties 1. SP-2 2. State of Texas 2. L 1 Land Use 1. Mixed Use 2. Retail Commercial �0 Acre age 1. 34.081 2. 0.642 Case No. Attachment D ZA01-071 Page 1 Surrounding Property Owner Response Genghis Grill NOTICES SENT: Two RESPONSES: None Case No. ZA01-071 Attachment E Page 1 RESOLUTION NO.01-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, GATEWAY PLAZA ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDES 5365 AND 5366, PLAT RECORDS, TARRA'NT COUNTY, TEXAS, AND LOCATED AT 2970 EAST SOUTHLAKE BOULEVARD (FM 1709), MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption has been requested by a person or corporation having a proprietary interest in the property zoned as "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses; and, WHEREAS, in accordance with the requirements of Sections 45.1 (1) and 45.6 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for the sale of alcoholic beverages for on -premise consumption on the property being legally described as Lot 3, Block 1, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet Case No. Attachment F ZA01-088 Page 1 Resolution No.01-088 Page 2 A, Slides 5365 and 5366, Plat Records, Tarrant County, Texas, and located at 2970 East Southlake Boulevard (FM 1709), more fully and completely described in Exhibit "A", and as depicted on the approved development plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas DAY OF , 2001. CITY OF SOUTHLAKE LN Rick Stacy, Mayor Case No. Attachment F ZA01-088 Page 2 Resolution No.01-088 Page 3 EXHIBIT "A" Lot 3, Block 1, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, ;Slides 5365 and 5366, Plat Records, Tarrant County, Texas, and located at 2970 East Southlake Boulevard (FM 1709). Case No. Attachment F ZA01-088 Page 3 Resolution No. 01-088 Page 4 L.1418119.31 o 3 wbtu ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑.❑ ❑ ❑ a z i ANYdpO� dLN3datld N70�N17 :Ao unwal2aa r SVXR.L '"riuJdlos oy : vzdla HAGHD ❑ ❑ ❑ ❑ ❑ ❑ ❑ I o ❑ ❑'p ❑ ❑ ❑ t. Case No. ZA01-088 ❑ ❑ ❑ ❑ 0g ❑ ❑ t3 �� Cn a q ❑ o ❑ ❑ o Attachment F Page 4 Resolution No.01-088 Page 5 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment F ZA01-088 Page 5 f City of Southlake • • Department of PlanninLy STAFF REPORT August 31, 2001 CASE NO: ZA01-064 PROJECT: Darden Square, Phase II REQUEST: Dana's Studio of Dance, Inc. 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) Developer Comments (F) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-064 BACKGROUND INFORMATION OWNER/APPLICANT: Dana's Studio of Dance, Inc. PURPOSE: The purpose of this plan is to build a 4,661 square foot dance studio. PROPERTY SITUATION: This property is located at 469 West Southlake Boulevard (FM 1709), on the south side approximately 100' east of Lake Crest Drive. HISTORY: March 2, 1999 - City Council approved a site plan for Phase I. LEGAL DESCRIPTION: Lot 7, Hiram Granberry, No. 581 Addition, being .735 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: TRANSPORTATION ASSESSMENT: Case No. ZA01-064 "C2" Local Retail Commercial District Master Thoroughfare Plan The MTP recommends Southlake Blvd to have 130' of right-of-way. Adequate R.O.W. exists for this road. W. Southlake Blvd is currently 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. Existing Area Road Network and Conditions The Site Plan for Darden Square, Phase I was approved with a common access on Lot 7 serving as an entrance drive from W. Southlake Blvd and the drive on Lot 8 serving as an exit drive onto W. Southlake Blvd. With the construction of Phase II, the incoming traffic will enter the site and loop around the building on Lot 7, and then exit the site from the drive on Lot 8. This plan does not propose any new driveway cuts onto W. Southlake Blvd. Tahle #1 May, 2001 traffic counts on F.M.1709 (between White Chapel and ShadyOaks 24hr West Bound (WB) (23,558 East Bound (EB) (21,409 WB Peak A.M. (1,441, 10-11 AM Peak P.M. 1,634, 2-3 PM EB Peak A.M. 21,207, 7-8 AM Peak P.M. 1,384,12-1 PM Attachment A Page 1 Traffic Impact Parsons Transportation Group projects a 10% increase of traffic to this site with the construction of Phase II. Due to differing class schedules each day they project 125-175 vehicle trips per day, for a total of 800-900 vehicle trips per week. The following tables show the current peak traffic counts and the projected traffic counts with the construction of the second building. Table #2 - Current Peak Hour Traffic Counts Peak hour Ingress Egress 5:45-6:45 PM 79 68 Table #3 - Projected Peak Hour Traffic Counts Peak hour In ess E r 5:45-6:45 PM 87 175 7s� Pathways Master Plan The Southlake Pathways Master Plan proposes an eight (8) foot wide paved, multi -use trail along the south side of W. Southlake Blvd. The applicant is showing the trail on the site plan. WATER & SEWER: There is a 12" waterline that runs along the north portion of this property. An 8" sewer runs along the northside of W. Southlake Blvd. An 8" sewer also runs along the east side of Lot 8. ESTIMATED IMPACT FEES*: Table #4 Water $7,806.29 assumes 1-2" simple meter Wastewater $3,706.37 assumes 1-2" simple meter Roadway $2,588.95 « 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 23, 2001; Approved (6-0) subject to Site Plan Review Summary No. 3, dated August 18, 2001, granting variance for stacking and to remove three (3) parallel spaces on south side creating a 28' buffer yard to be adequately landscaped allowing a one (1) space reduction in parking. STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated August 18, 2001. The following variances need council action: • 50' required stacking depth NACommunity Development\WP-FILES\MEMO\2001 cases\01-064SP.doc Case No. Attachment A ZA01-064 Page 2 Vicinity Map Qardan Square Phase II 1000 0 1000 -2000 3000 Feet M AT N S E Case No. Attachment B ZA01-064 Page 1 M Im s J 1-40 s � s i n-i :D a i lvv�i SS, 6 O 1■t 4 � 3 � �� � � QQo �fili SS ■ � N W ap •-F o000 i 4 L W pp x _ Q J � apt ��� �•���;���� $���g�� � �� t>s� .� � � u � � �4 � Z 4�� — - - _ - _ ra re. yee� '3Sd .1111 in .6,01 t.)w a I mo ,osi �z4 � r I al Ca o �a ■piA 1 ag�$q 30 s mop ,i _� e 1 � olov 1 .DUB 1 �t OHS i �p It'll" �k ■ $i:i:e J a 3i i 3 � � �F' ��6 �• � UU� Q n'i�Ci Ix t��y E� QNJ aul Case No. ZA01-064 Attachment C Page 1 I f 0 I f 1 f zin� ra o� .o s � � O O A c. ,aN O � e Y � N � \ 1 GG L z O 3 Y b l LIJ U O - f .. t� E 3 � W J OQ / � V LL G `I Case No. ZA01-064 Attachment C Page 2 K!q IM Case No. ZA01-064 Attachment C Page 3 SITE PLAN REVIEW SUMMARY Case No.: ZA01-064 Review No.: Three Date of Review: 08/18/01 Project Name: Site Plan — Darden Square, Ph. 2, Lot 7, Hiram Granberry No. 581 Addition APPLICANT: Dana's Studio of Dance, Inc. 465 W. Southlake Blvd. ARCHITECT: David C. Lutz 6301 Randol Mill Rd. Southlake, TX 76092 Ft. Worth, TX 76112 Phone: 817-488-9753 Phone: 817-451-7474 Fax: 817-849-8758 Fax: 817-451-3111 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/06/01 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. General Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No. 1 Lighting Y Complies Provide a minimum driveway stacking depth of 50' measured from the R.O.W. to north line of the intersecting "cross" driveway. 36' of stacking is provided. A variance is requested. 2. Staff recommends moving the building forward and relocating those parking spaces to the back of the building so not to affect the traffic entering from FM 1709. Applicant requests waiver of the recommendation. See attached letter from the applicant. Informational Comments: The proposed site does not exceed the maximum permitted impervious coverage area percentage of 70% for the "C-2" Zoning District. The impervious coverage area percentage of this is approximately 69%. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. ZA01-064 Attachment D Page 1 * 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. cc: Van Jones Scott Bailey VIA FAX: 817-849-8758 VIA FAX: 817-251-8419 David C. Lutz VIA FAX: 817-451-3111 NACOMMUNITY DEVELOPMENT1wP-FILES\MEMO\200]CASES\01-064SP.DOC Case No. ZA01-064 Attachment D Page 2 Dana's Studio of Dance �(-, -'-�-utliLke ]3;•:�. * SuuLIhIakt_ USUS -(IN-2 • f:i 17: -1` 8-t),'i ; Ju!y 29, 2001 C'La.- of SZouthIakc Planning and 7pnLAg !4rf) Minn SLTcrL, Sai[e 310 Sotlthlake, TX 76092 Deof Ladies and Gmticmer:: '%%'c arc in rtxeipt of yvtu,;;v nmrr7yy f<ir reVLew tW() dated 7•26.01 on ZA4l-D64. We arc. „t OPT crl.cnt with the cornments and have madr all ofthe Changes W-th the follow*:JIL) exceptions. CMILC -t-,It (*. Our existing stickirg depth on Lot S (w:ih the culrelyt building) was pprovrd and L`-arLSLTUti«d in accordance WL:lt the site piaLn assozli .'cd wi.h Lot 8 Thr j}cw Lot ? sticking, dcpih mirr i� 5 Lh.Lr a ppnived plan. With the LntcrLor one-way stacking wliich carr7es crat3'ie arowid ncc outsid-c o[ the rLcw bk'iILl1ag nri T.(a 7, �,elirve 11ia, [ae kiag L'.tp[l, is -ri ore [lian attequa.e :o prevent any stack int or. 1 *701) All sia,�k:n-R ill be interior within the property. Cummcnt 45. Thr LurrrnI 14=60r: 0f the bULding accommodatcs the w•Ls.3cs Of the nearesr nciYhb(IT whu wants thr parking a[ tre rear to be kept to a rr.irimuin. in artcmptirg to comply w1Lb [he reyue.'U in nM•e Sp7n ntcchngs. we bcacve the building 1eea�i��r sh(1u:ci rrmain a, L,. 'll7ank you for ysourcontrncnts and we hopt;1ES n MES with yfll:r apE,r)V21. C);Lr R O-L,l4y, PTCSitlrn[ Dir.ri's Studio of Dania, TrL:. Case No. ZA01-064 l 'p AUG 0 6 2001 Attachment E Page 1 Actions Taken by Dana's Stu dir►_n r Dan ce to Arerommed ate S u in N ] 4 and the Adi Seent Niei thbo na. 1. Dana's Studio of Dancc (Dorm's) I= c-onducted three feasibility SRudics to detennhie ahc list i raf Tic flow and parking pattern. nx st ud ics were requested by t1w Spin Group and the irnrnediately adjacent neighbor. During the first cif twa nieeting. the building was located as far forward as pc,mi-blc with parking in the rear. At that fit rnert ing, it was requested chat the site plan re (Ject TW traffic flow around i be new building, but terrrki sting the traffic on the )West at the rear of the bai.ld ing. Thc%e two studies were presented at a sec:umi Spin nneet ing. Neither was Wcat for all parties, but at the request ofthe second Spin Mccting, the parking and traffic flaw is presented as discus,xd and agreed. 3. The head -in parking along the South property litre {rear} t ruulti•ed 14 paTallcl parking to -minivnLze the traffic parking near the adjacent neivhk : `s pT�cfpert, . he parallel parking allows for the maximum buffer bet WEen the parking and drive -through areas and the adjacent neighbor. The parallel parking also M x i C5 the green space bct wvcn the building and the adjacent n6ghbur (in the inunediate South. �. Dara's has berg Hgreed to place safety poles 571cd with concrete along scratcgic mints along the southern pmpe rtv line co reduce the pa ssibilitly of a "rwy-aw.0y" +chide riming into th-c adjacent nQghbQT's yard. 4. Dana's was. a erced 5 o pay fi,r up to S1,500 for landscaping in the adjacent neighbor's var� said plantings %a be done at the direct on of the adjacent ncighlxv. TE LI navnc nt v ill be made by Gang's ogee the trees arc in Flak and :he ncighbo r has Provided Dana's with a c L)jn• o F the i vv ice. 3. Dana's has agr=l m have no drop off and pickup poim s at t Fie rear of 9 t-,c bti ad ing. 6. Dapa"s has agrcL-tl to pTi)Vide only two traffic lanes at the rzv of the r)rw building. r . Dana's I'.as sj rCeL to eniergency doors only on 1hC �"cst and the Sk7uth Of the Case No. Attachment E ZA01-064 Page 2 Surrounding Property Owners Darden Square Phase II Owner Zoning Land Use Acreage 1. Southlake Oaks Phase 1 Inv Ltd 1. C2 1. Office Commercial 1. 2.2957 2. Sandler Southlake, Ltd 2. C2 2. Office Commercial 2. 1.8685 3. City of Southlake 3. C2 3. Office Commercial 3. 0.3299 4. Dana's School of Dance 4. C2 4. Office Commercial 4. 0.716 5. R. Reutlinger 5. C2 5. Office Commercial 5. 13.861 6. L. Mudd 6. SF20-A 6. Medium Density Residential 6. 0.519 7. R. Chesbro 7. SF20-A 7. Medium Density Residential 7. 0.453 8. K. Sweeney 8. SF20-A 8. Medium Density Residential 8. 0.489 9. C. Bowles 9. SF20-A 9. Medium Density Residential 9. 0.669 10. Lake Crest Homeowners Assoc. 10. SF20-A 10. Medium Density Residential 10. 0.242 11. Lake Crest Homeowners Assoc. 11. SF20-A 11. Medium Density Residential 11. 0.491 12. Lake Crest Homeowners Assoc. 12. SF20-A 12. Medium Density Residential 12. 0.107 Case No. Attachment F ZA01-064 Page 1 Surrounding Property Owner Response Dardan Square Phase II NOTICES SENT: Nine RESPONSES: None Case No. Attachment G ZA01-064 Page 1 t 4 City of Southlake DeDartment of PlanninLY STAFF REPORT August 31, 2001 CASE NO: ZA01-090 PROJECT: Bicentennial Park Maintenance Facility Improvements REQUEST: The applicant, the City of Southlake, is requesting approval of a revised site plan for the purpose of constructing improvements to the existing maintenance facility, including the erection of shade structures to protect mechanical equipment. ACTION NEEDED: 1. Conduct public hearing 2. Consider revised site plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owner Map (E) Surrounding Property Owner's Responses STAFF CONTACT: Chris Carpenter, 481-1585 Dennis Killough, 481-2073 Case No. ZA01-090 BACKGROUND INFORMATION OWNER: City of Southlake APPLICANT: City of Southlake PURPOSE: The purpose of this Revised Site Plan is to obtain approval required to construct improvements to the existing maintenance facility in Bicentennial Park, including the erection of shade structures to protect mechanical equipment. PROPERTY SITUATION: The property is located on the north side of F.M. 1709, generally between Shady Oaks and N. White Chapel. HISTORY: Activities related to this project include: • Youth baseball fields and maintenance facility constructed as part of Bicentennial Park construction in 1994 • Park Master Plans approved in 1996 and 2001 (update) showing maintenance facility at current location • Site Plan for Bicentennial Park approved by Council in June of 2000 • City Council approved Mid -Year 2000-2001 budget amendment in the amount of $35,000 for maintenance facility improvements • Park Board recommended P&Z and Council approval of ZA 01-090, Revised Site Plan for Bicentennial Park, to include improvements to existing maintenance facility on August 13, 2001. LEGAL DESCRIPTION: Lot 2R2, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5299 & 5300, Plat Records, Tarrant County, Texas; and Tracts 1, 1B, 1C1, 1C2, 1C3, 1E, 2B, 2A1, 2B1, 3C, 3D, 3D1A, and 3D6, situated in the Littleberry G. Hall Survey, Abstract No. 686. LAND USE CATEGORY: Public Parks/Open Space CURRENT ZONING: "S-P-1" Detailed Site Plan District with "CS" Community Service District uses. TRANSPORTATION ASSESSMENT: Not applicable. WATER & SEWER: Not applicable. ESTIMATED IMPACT FEES: Not applicable Case No. Attachment A ZA01-090 Page 1 PARK BOARD ACTION: P.B. SPEAKERS: P&Z ACTION: August 13, 2001; Approved (7-0). None August 23, 2001; Approved (4-2). STAFF COMMENTS: Review of this application is limited to the proposed accessory structure improvements noted as "proposed" on the attached diagram. There are no other changes to the approved site plan. The plans meet all requirements of applicable city ordinances. There are no remaining plan review comments regarding this request. An exhibit showing the location of the proposed shade structures along with an architectural rendering is attached. NACommunity Development\WP-FILES\MEMO\2001cases\01-052RSP.doc Case No. Attachment A ZA01-090 Page 2 �. Vicinity Map Bicentennial Park Case No. ZA01-090 Attachment B Page 1 Case No. ZA 01-090 Previously Approved Site Plan o o i �aAj ;1°fi3° { I7 7 1:19T 1�° IDj kL I- - — -- - - -- - — -�---- --'-- -- —_-��'J�; -- -' !� ;y?71 :T t ° a ES r � 1 °! ° � it i `✓ 97• '. _ xT i��mr;:r it=lq ' a I�# I• -°I a II - 7 ;1:�Ms � t•1 � I I .I � � � et �7 Ii: E' S e I °�� I - II 'GS C.°IM[T 1. SLI t111. t Attachment C Page 1 Location of Maintenance Facility Improvements MhiOTAA-n10E tA (0 — ;M 0 1 P&M WeM-P- 'w9i L-J 4seball Fields V rx P" soutWake Bivid. NORTH Mo ;)C)r) A () r) • Baseball Zs • Basketball Cou • In -Line Hockey • Playground Eqt • Baseball Field • T-Ball Field • Sand Volleyball • Pavilions (iw Case No. Attachment C ZA 01-090 Page 2 Plan View — Schematic of Improvements Case No. Attachment C ZA 01-090 Page 3 Typical Cantilever Vehicle/Equipment Shade Structure Attachment C Case No. Page 4 ZA 01-090 Surrounding Property Owners Bicentennial Park Case No. Attachment D ZA O1-090 Page 1 Surrounding Property Owners Bicentennial Park Owner Zoning Land Use Designation Acreage 1. Wayland, Marcus AG LDR 5.0000 2. Nathan, Francis Etux Lisa SF -IA LDR 1.7650 3. Campbell, John E Etux Carla 4. Hardy, Jo Ann 5. Zitnik, James K Etux Siv M SF -IA SF -IA SF-20A LDR LDR MDR 1.0000 1.9100 0.6970 6. Stefanko, Edward P Etux Tricia SF-20A MDR 0.4700 7. Jefferies, Lan Bui SF-20A MDR 0.4600 8. Crittendon, Joe C Etux Dana L SF-20A MDR 0.4600 9. Coon, Allan Etux Nora SF-20A MDR 0.4600 10. Mediate, V S Etux Christine SF-20A MDR 0.4600 11. Ake, Alan etux Josnne SF-20A MDR 0.4600 12. Smith, Paul Etux Deborah SF-20A MDR 0.4600 13. Jackson, Geo T Jr Etux Barbara SF-20A MDR 0.4600 14. Upshaw, David Etux Gail 15. Neisen, Roger S Etux Lois Ann 16. Reaz, Sharif SF-20A SF-20A SF-lA MDR MDR LDR 0.4750 0.5970 1.0000 17. Janes, Debra Jean Brandt SF -IA LDR 1.0000 18. Garcia, Manuel F Etux Maria G SF- 1 AA LDR 1.0100 19. Harvey, Robert Jr & Suzanne S 20. Mullman, Don Etux Janis SF- 1 AA SF- I AA LDR LDR 1.0640 1.0040 21. Adams, Frederick D etux Rose M SF -IA LDR 1.0060 22. EPIPD-Crossroads Square LP SP2 RC 7.5690 23. First American Savings Banc. SP2 RC 1.0540 24. Wyndham Investment Prop Inc. 25. Lechler, Gloria Etal SP2 01 RC OC 0.9710 13.1100 26. GTE Southwest Inc. CS P/SP 0.3500 27. Pardue, Arch C2 RC 1.3530 28. Clardy -Ruffner 29. Reutlinger, Richard A 30. Dana's Studio of Dance C2 C2 C2 OC OC & MDR MDR 0.8890 13.8610 1.4380 31. Sandler Southlake Ltd. C2 RC 0.9880 32. Southlake Oaks Phase I Inv Ltd C2 RC 2.2950 33. Southlake Four Investment AG LDR 2.9800 34. Fountain Five Zero Two Tr AG LDR 18.9950 35 - 37. Evans, W R Etux Linda S AG MDR 12.8600 Case No. Attachment D ZA 01-090 Page 2 Surrounding Property Owner Responses Revised Site Plan - Bicentennial Park NOTICES SENT: 35 RESPONSES: None Case No. Attachment E ZA 01-090 Page 1 1W City of Southlake, Texas MEMORANDUM August 29, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x1527) SUBJECT: Award of bid to Sun Ports International for construction of shade structure for maintenance facility at Bicentennial Park. Action Requested: City Council approval for award of bid to Sun Ports International for construction of shade structure for maintenance facility at Bicentennial Park. Background Information: As previously approved by City Council, the mid -year budget allocated $35,000 for improvements to the parks maintenance shop at Bicentennial Park to include the construction of an equipment shade structure. The City received and opened one bid on August 14, 2001, in accordance with state bidding procedures. The bid was submitted by Sun Ports International in the amount of $23,845. Sun Ports International is a well-known shade structure installation firm with a reputation for providing professional, quality workmanship. They have completed work for such entities as the City of Southlake, City of Hurst, City of Highland Village, the City of Houston, and the City of Fort Worth. They are currently installing the previously approved bleacher shade structures for the baseball fields within Bicentennial Park. Financial Considerations: City Council previously approved mid -year funding in the amount of $35,000 for improvements to the parks maintenance shop at Bicentennial Park to include the construction of an equipment shade structure. Citizen Input/ Board Review: ZA 01-090, Revised Site Plan, is related to this project and is agenda item No. 7K on the September 4, 2001agenda. Legal Review: Not Applicable. Alternatives: Council discussion and consideration. Supporting Documents: Supporting documents include the following items: 7L-i 411 IR Billy Campbell, City Manager August 29, 2001 Page 3 s -&Lr- - i = 20 Exklta,T 'A' Exhibit 7L-3 F1C-L -AEf- 3 t City of Southlake • • DeDartment of Planning STAFF REPORT August 31, 2001 CASE NO: ZA01-072 PROJECT uikTrip — Commerce Business Park REQUEST: On behalf of James R. Stacy, QuikTrip Corporation is requesting approval of a rezoning and site plan. ACTION NEEDED: 1. Consider lst reading for rezoning and site plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-372 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA01-072 BACKGROUND INFORMATION OWNER: James R. Stacy APPLICANT: QuikTrip Corporation PURPOSE: To acquire zoning and site plan approval for construction of a gas station and convenience store. PROPERTY SITUATION: The property is located on the southwest corner of Southlake Boulevard and Commerce Street. HISTORY: This is part of the Commerce Business Park that was zoned and developed as a light industrial business park in 1986. A zoning change and site plan for "S-P-1" with C-3" uses to include gas station with convenience store was denied by the City Council in February 2001. LEGAL DESCRIPTION: Portions of Lots 1 & 2, Block B, Commerce Business Park, being 3.029 acres. LAND USE CATEGORY: Retail Commercial and Industrial CURRENT ZONING: "I-1" Industrial District and "S-P-1" Detailed Site Plan District REQUESTED ZONING: "S-P-l" Detailed Site Plan District with "C-2" Local Retail Commercial District uses to include Gas Station with Convenience Store. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right-of-way. Adequate right-of-way exists for this roadway. The Master Thoroughfare Plan makes no recommendation for Commerce Drive. Existing Area Road Network and Conditions The proposed site will have one (1) access directly on to Southlake Boulevard (F.M. 1709) from a private drive west of the site and one (1) access onto Commerce Street. Commerce Drive- is a two (2) lane (north/south) local roadway with two (2) north bound lanes at its intersection with F.M. 1709. Case No. Attachment A ZA01-072 Page 1 DRAINAGE ASSESSMENT: WATER AND SEWER: Case No. ZA01-072 E. Southlake Boulevard -is a five lane, undivided arterial with a continuous, two-way, center left turn lane. The roadway will ultimately be widened to a seven lane roadway. A traffic signal has been installed at the intersection of E. Southlake Boulevard and Commerce. Gateway Drive- is a four (4) lane undivided arterial that begins at Southlake Boulevard and terminates at the east bound State Highway 114 frontage road. May, 2001 traffic counts on F.M.1709 (between S.H:114 &Kimball Avenue : Table #I 24hr West Bound (WB) (22,828 East Bound (EB) (22,459 WB Peak A.M. 1,356 11 a.m-12 pni Peak P.M. 2,104 5 .m.-6 p.m. EB Peak A.M. 2,077 7a.m-8a.m Peak P.M. 1,462 12 .m.-1 .m Traffic Impact The I.T.E. Manual projects the site will generate a total of 3,910 vehicle trips per day, with 381 vehicle trips during the A.M. peak traffic period and 472 vehicle trips in the P.M. peak. It is estimated that 56% of the vehicle trips will be pass -by trips and that 31 % will be diverted linked trips. Therefore, only about 13% or 509 vehicle trips per day will be Primary Trips (new trips added to the road system). During the A.M. and P.M. peak periods, it is estimated that the site will create 50 new vehicle trips in the morning and 61 new trips in the evening. Therefore, the traffic impact of the site on Southlake Boulevard traffic volumes during A.M. and P.M. peaks times is minimal. Please note that this is a statistical average of convenience stores/gas stations across the country and local circumstances will vary. Traffic Cle.neration Rates Table #2 AM- IN* AM OUT PM- IN PM- OUT 24-HR IN 24 HR OUT Total VTPD Gas Station 194 187 236 236 1,955 1,955 3,910 Storm water is primarily being carried into an existing 30" under ground RCP storm water pipe located under Commerce Street and Southlake Boulevard by an on -site under ground storm water system. Connection to the existing 6" sewer line located in Commerce Street and 12" water line located in Southlake Boulevard is proposed. Attachment A Page 2 A ESTIMATED IMPACT FEES*: P&Z ACTION: Water $5,947.65 Assumes 1 — 2" simple meter Wastewater $3,706.37 Assumes 1 — 2" simple meter Roadway $8,373.36 (SA 2, w/24 fueling positions) * Final Impact Fees are determined by the Building Services Department at the time or tsuuaing Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. July 5, 2001; Approved to Table (6-0) to Planning and Zoning Commission Meeting July 19, 2001. July 19, 2001; Approved (6-1), granting requested variances. CITY COUNCIL ACTION: August 7, 2001; Approved to Table on Consent (5-0) to the August 21, 2001, City Council Meeting. August 21, 2001; Approved to Table on Consent (5-1) to the September 4, 2001, City Council Meeting. STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated July 13, 2001. When requested as a Specific Use Permit, the City's Zoning Ordinance requires all gasoline service stations on the F.M. 1709 corridor be located at signalized arterial intersections (as defined in the city's Master Thoroughfare Plan). The Thoroughfare Plan does not provide a definition. The requirement is designed to ensure that the supporting street infrastructure can handle higher volumes of traffic during peak hours of traffic loading (Ordinance 480, Section 45.10). The subject site is located at the signalized intersection of Southlake Boulevard (Arterial), Gateway Drive (arterial) and Commerce Street (local street). Staff finds that, although the applicant is not bound by this requirement, this location meets the criteria for the Specific Use Permit, because the existing signal and infrastructure will readily accommodate demand. The applicant is requesting variances to the following: • Horizontal articulation on a portion of the north building facade required by Ordinance No. 480, Section 43.9cId, under the provisions of Ord. 480, Sect. 43.9b; • Pitched Roof on the convenience store building, required by Ordinance No. 480, Section 43.9clb, under the provisions of Ord. 480, Sect. 43.9b; • Pitched Roof on the pump canopy, required by SUP Gas Station Regulations, Ordinance No. 480, Section 45.10. A mansard type roof system is proposed as a regulation under the provisions of Ord. 480, Sect. 31, "S-P-1" Detailed Site Plan District. NACommunity Development\WP-FILES\MEMO\2001 cases\01-072ZSP.doc Case No. ZA01-072 Attachment A Page 3 Vicinity Map QuikTrip - Commerce Business Park 1000 0 1000 2000 3000 Feet no S Case No. Attachment B ZA01-072 Page 1 I = �j a ) ® a L_� @g1 k k � Y 3 �f 6Y 3Y k £Qe yT3E 3 b xy c� g" e gg 3 $ 11.4 €r w go lih all, N !@� ■ iR �j 33 c�.i Case No. Attachment C ZA01-072 Page 1 ,9-,Z Case No. ZA01-072 f li te- Zr euwS uMv m .a I 1 ' � - rwre .uwcanw9 'I wlae m w.aulwml cc9 - waS MO I C 4M-n -1 M-d.- O sues ww-ry m ya.p.1 WRd- W -MS W* au.iS IcaD I ywap.l WRd li .uwS uaany a i`w� µyap of WRd n'n NIP% .lNgS R-IDN- -IaIS up rIv -..- 0..9 P-MuKury wM — Z = 7 o � v � o U 2 O `O fn O � I OI a C/) w I _0 M i - (D a __ 1 I m G U v m O G > m U m m C 1 LL fA W o Attachment C Page 2 LM Case No. ZA01-072 peP +PIM .,w pC uwnlo',J M�VB auolsezumS Bu400tl .W. Pe4dsV Puce peleuiwnlll PBtl -P j uBIS -AS Owww MBuryS Ile4deV Pue8 Peleulwfgll Petl 0 6/ Blonj w weedweuo mew c Q u-400 LL y,pe w01 e 8 w pl j� .15 E EV 4j5 m g O_ Q 1. + N C T V O 1tl 5 E T 0 ryi > m 1 m 7 W O L C � W 'O t c N C ~ O _ lL 4-0 ``z S m ^/ CD n m O m N t W U � ` - Q c En E $ c o O = m rj E � U m m e .1 W 9 m JX Cn vI m V O O to Attachment C Page 3 SITE PLAN REVIEW SUMMARY Case No.: ZA 01-072 Review No: One Date of Review: 7/13/01 Project Name: Site Plan — Quicktrip Lot 1 Block B Commerce Business Park APPLICANT: ARCHITECT: Quicktrip Corporation The Hoover/Klein Group, Inc. PO Box 3475 1361 W. Euless Boulevard, Suite 99 Tulsa OK 74101 Euless, TX 76040 Phone: (817) 358-7695 Phone: (817) 283-8830 Fax: (817) 858-0213 Attn: Walt McMennamy Fax: (817) 283-9189 Attn: Bryan Klein CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/11/01 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 DENNIS KILLOUGH AT (817) 481-2073. General Develo ment Standards Anplies Comments Corridor Overlay Regulations Y See Comment No. 1 & 2 Residential Adjacency N NA Building Articulation Y See Comment No. 1 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Complies Vertical and Horizontal articulation is required along the north, west and east facades. The north facade does not comply with horizontal articulation (see attached chart). (Variance Requested) 2. Corridor Overlay and Gas Station regulations require a full "pitched roof construction" on the building and canopy, respectively. Plan proposes a pitched roof on the main structure with a flat deck on the south portion of the building for mechanical equipment and a mansard type roof system on the canopy. (Variance Requested) Show driveway locations along the north side of Southlake Boulevard. Show and label Gateway Plaza Addition, Cab. A, Slide 5365 & 5366. Show and label Lots 3 and 4, Block 1 and Lot 1, Block 2 of this plat. 4. Show and label a 50' building line along the property line. Case No. ZA01-072 Attachment D Page 1 INFORMATIONAL COMMENTS * This "S-P-1" Zoning and Site Plan request proposes a Gas Station Convenience Store as a "permitted use" rather than by Specific Use Permit. This plan has been reviewed using the criteria established for Gas Station/Convenience Stores under Ordinance 480, Section 45.10 and the "C-2" local retail commercial district. When requested as a Specific Use Permit, the City's Zoning Ordinance requires all gasoline service stations on the F.M. 1709 corridor be located at signalized arterial intersections (as defined in the city's Master Thoroughfare Plan). The Thoroughfare Plan does not provide a definition. The requirement is designed to ensure that the supporting street infrastructure can handle higher volumes of traffic during peak hours of traffic loading (Ordinance 480, Section 45.10). The subject site is located at the signalized intersection of Southlake Boulevard (Arterial), Gateway Drive (arterial) and Commerce Street (local street). Staff finds that, although the applicant is not bound by this requirement, this location meets the criteria for the Specific Use Permit, because the existing signal and infrastructure will readily accommodate demand. * Although the west driveway intersecting E. Southlake Blvd. does not meet spacing requirements, this driveway is existing and was previously approved as a common access driveway. * Please be aware that an Amended Plat (if no easements are to be abandoned or relocated) or a Plat Revision must be approved and filed in the County Plat Records prior to issuance of any building permit on this site. Also, it should be noted that there is an approved site plan associated with the S-P-1 zoning for the Stacy Furniture site. Approval of this request will require, at minimum, approval of a revised site plan and possibly a rezoning of the Stacy Furniture site prior to any construction on that property. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 70% for the "C-2" Zoning District. The impervious coverage area percentage is approximately 50%. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that 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, Street, Water & Sewer Impact and Tap Fees, and related Permit Fees. MCommunity Development\WP-FILES\REV\2000\00-132spldoc Attachment D Case No. Page 2 ZA01-072 Surrounding Property Owners QuikTrip — Commerce Business Park Attachment E Case No. Page 1 ZA01-072 Surrounding Property Owner Responses QuikTrip — Commerce Business Park NOTICES SENT: Nine (9) RESPONSES: Three (3) responses were received from within the 200' notification area: Stephen Anderson, DDS, 2915 E. Southlake Blvd., Ste. 100, Southlake, TX, HIGHLY opposed, "Would create a huge traffic problem at an already very congested and accident prone intersection." (Received June 27, 2001) Paul Jaqua, DBA Dry Clean Super Center, 2821 E. Southlake Boulevard, Southlake, TX, is opposed, "This project appears totally out -of -character for the surrounding properties/buildings, built at great cost to comply with rigorous zoning/planning/infrastructure additions leading to incremented taxes. Nothing should risk a decline in value of surrounding/existing properties. (Received July 6, 2001) Juneho Cha, DBA Dry Clean Super Center (new ownership), 2821 E. Southlake Boulevard, Southlake, TX, in favor. (Received July 19, 2001) Three (3) responses were received from outside the 200' notification area: Harvey Holden, DFW Airport, Noise Compatibility Office, "The proposed rezoning appears to be compatible with DFW International Airport noise. (Received June 28, 2001) • Chin Po, 305 S. Kimball Ave., Southlake, TX, is in favor. • Johnny Beech, 701 Whispering Woods, Southlake, TX, is in favor. Attachment F Case No. Page 1 ZA01-072 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-372 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 PORTIONS OF LOTS 1 & 2, BLOCK B, COMMERCE BUSINESS PARK, BEING 3.029 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM 11I-11, INDUSTRIAL DISTRICT AND "S-P-1" DETAILED SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "C- 2" LOCAL RETAIL COMMERCIAL DISTRICT USESTO INCLUDE GAS STATION WITH CONVENIENCE STORE, 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 WHEREAS, the hereinafter described property is currently zoned as "I- I" Industrial District Attachment G Case No. Page 1 ZA01-072 and "S-P-1" Detailed Site Plan 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 Attachment G Case No. Page 2 ZA01-072 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: Attachment G Case No. Page 3 ZA01-072 Being portions of Lots 1 & 2, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-214, Page 60, Plat Records, Tarrant County, Texas, and being approximately 3.029 acres, and more fully and completely described in Exhibit "A" from "I-l" Industrial District and "S-P-I" Detailed Site Plan District to "S-P-l" Detailed Site Plan District with "C-2" Local Retail Commercial District uses to include gas station with convenience store as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit `B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended 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 Attachment G Case No. Page 4 ZA01-072 among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under Case No. Attachment G ZA01-072 Page 5 such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Attachment G Case No. Page 6 ZA01-072 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. ZA01-072 Attachment G Page 7 EXHIBIT "A" Being portions of Lots 1 & 2, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-214, Page'60, Plat Records, Tarrant County, Texas, and being approximately 3.029 acres. r ALTA/A t' M 1,AN 7'l TI�Fi S U R V i E pf,'0pE RTY peSCRIPTION fte;n ift tl �t of ftrl Prot in! e, 5a4j rrgh Aq1, the Cif e pf THE SRei the sec t�f fry Case No. ZA01-072 riptron of 0 .3.031 arse tract at IQnd situOterci o de5+: Jhbstract NO 474_ in the �:+ty ihorrrcl T a s r er Sur opy' ,th�Qke, avrrgnt r oUniY. Texas, rJrlci t"'Mg all of ''(It r� port of 1_ o t 2, t3lock A of CMn'tMert' 9 liu9+n eSS , pn addition tito the 3+8f3 t2 0 4o�a FaqpOf+UQ Of #1le 4 r�1q+ P ��vrQaQ in fs r.►r Tdr+'ont CcalurJv, rexcia: ill i0 c1t a r /;? iFfc h Steer Fad set f Ur r. r,rn r, r rat IhO �c:tiAn �f kh4 calrreht sty+Jth f igJ1'#-• Cyr-• rrcry lino of wrtjth take BOO I cwOI'd (F M 1 ?Og. a won 4lslC Jirru 01 Cory, me rr_ e .of --wiry) with IMr; wR+it r�fri� af—"Frr�t dHsrrit�d ir-1 (n 5i fnol wid ri f,i — f •- wey ), d ,J� grrirrtt erEZrsrr_rl ;rti Cfsu%e No 21 45- - +,{w,5 At]styfed ;;tote t►f fixes anti TQr'rornt 0ountar. a 44.1 Pry. efci, and Rucor4.ld it ValuFrie 10764 'it Pc;gv � Poor. F14t'+�rd.; ut T�rr{�nl f Gunly. Texas_ if Se�ulri _it; sec.. i r3sr� tj,.pdirt1nq yrird fJ(i Jel).5�, rYFirt. Slrse yputriverfiy 00d 010"4 ��► yeast Jirt� Of 3r1 ., inc.ii �iukir ercr_ pt, a dwJgnr.c Of 93.96 feat to n 1 ft - rod RC t 1ur c erfrr$r AI fire beginning c� f a c ur+. a tt' I le Of 05 deg. 0F1 Jnrn. 28 Ighl, ta+rv1r►c3 a centr'of anq fcrrl, o I Gi►ofcf d'5tdrice r� 1ddrfrc drstance Of ; "700 ifJ feel_ pnei u chn-d henri(1 r�l s'.outJ� 114 deg �1 22 ' n o CC xrauihoFfy rlJonr� stud cvrvc to thrl right, crs ncc of 2N 7f tcf-1 r1) n i/1.-rr�ch �14rd rod 5ct {c,r irf South tJY rJrry• .��a fn+r�. 08 ser. !oriel, co+it�nl�rnV qvirJ -we-0J;►+r. +] clisto�tre of lf�!7.7d tent i� •] ,rJCh Mael ens! ytt (of r:csFner, /G,: 50„tit afS d4'9_ i1 Rmifl. Jf 2;cc. 44er:1, itbpOrtiny t7�(i Cr4� Street_ a dl?Rance of 474.77 feet tch v cJ,isaJed seJ rem ironer on the west line of sdia odr'"'ri fL'nd prl tJTA CQ �1 irn� Of U t roc' t of is ml c orvatr+ed in 0 Ord Trrxa:s limited Part arrr hf Itj tht',rhow �7DO"ocard of lorforit rune t 30r} r at F+a�+ tJ Attachment G Page 8 IM ME t r"t, 129 47 Case No. ZA01-072 forth M deg. 29 Min 16 Sec. Wezl- '3'Qrlg the n lirle between said addition read 3fJiO SnUr crrt� r di�tancr at 326-35 ier!t ro a �Chi3eaed sal for at? the preWoasty slid !;oultr right —of --way lira Of ka Ilomia,rord. d nd #string eXI c curve t 0 tax "e f l a 1-.colrar angoe of 03 d*q 45 ruin SS sec., u distance Of 1,974.ff6 kei. a chord distance fit feat, vnri a rNord hearing of Solitlf t49 deq. .57, rain aa3Ferly ulorlq t1le !Io+d Sv.rlh Inc ut `iovlhlake d the f0fr4Dw;r+9: ilar+y olong ;i01d {Wrwe to lfle ieff on oic Cbsfdric+ll 129_ ftf fr&t !a 4 cor crate rrlonurneni f a11rid kir net. m 87 dey 95 m;1-_ t,5 SO' f-rjat, +3 di-sfanre of t j fret tt, fy CGnrr .l a rnun+umant lound for r ornar ; rlh 8:5 LIeg. 19 „win. W Sac. Fast, a divtooce of 2.7.1 feet la th* pGaM7 OF BEGt1+WfvG: fir t .i2.032 sf wo v feei of (a0d Attachment G Page 9 I tY� {s S � i - - - - - - - - - 3%R- -- --- Case No. ZA01-072 EXHIBIT `B" W wa :R'B .o �R iIi Vb � Q a r- r � ,I i I Ar I I • ix i �• .'' ria�^� I �iak4 lilt. Vill �. > E I 9j �qS' 1 Ili q � 31 1-1 Attachment G Page 10 2M V Case No. ZA01-072 `m PH Pe�vulumpl MPo— — was -0 ~ 1 C 4aM1 of Wed was w nV i C � N 4 -H o1 lead-- m W B—,Z was wo 4aerr el Wed I m l —Is upev 4aM1 el wd non "W.O PMI wwetl PI4ig15 PPVdPV PM P-.' e" M \' 7 bi- I a _ O o m m I m i o > . 6_ o y - QI �r --t I = ml �j Cl) m m 0 m 1 4-+ Czo O Cn >^, ws � m m .P E U I f > W C _ c o m V7 I O LL � J 8 O N N Attachment G Page 11 uwryo� M?�B euopaxuo�8 GILOOy oIdM4S iR4dN DP8 pW.uwlWl Patl 7..j Uft Q µµ 3i T 6i O ? E l0 m g t W 0 v c A. U C y 0 Uft `V x S QW46MM.Y W a m o � U 0 om.iywnw wu U _ m 0 a o ` .pwd W .Ye.4Ymy�pxW r-•a � � � Em U c LL �R9 MIam�Tm9 m `z U wL W v im F a m J N N m L 0�v O to Case No. ZA01-072 Attachment G Page 12 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment G ZA01-072 Page 13 e1 J City of Southlake ' • Department of Planning STAFF REPORT August 31, 2001 CASE NO: ZA01-083 PROJECT: Lot 5R7, Block 3 Cimmarron Acres REQUEST: The City of Southlake, Texas is requesting approval of a rezoning and concept plan. ACTION NEEDED: 1. Consider 1" reading for rezoning and concept plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-376 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817) 481-2073 1A BACKGROUND INFORMATION OWNER/ APPLICANT: City of Southlake, Texas PROPERTY SITUATION: This property is located on the north side of W. Southlake Boulevard (F.M. 1709) approximately 1000' east of the intersection of W. Southlake Boulevard (F.M. 1709) and North Pearson Lane. LEGAL DESCRIPTION: Lot 5R7, Block 3, Cimmarron Acres and being 2.176 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: REQUESTED ZONING: TRANSPORTATION ASSESSMENT: Case No. ZA-01-083 "C-2" Local Retail Commercial District "0-1" 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. Existin-e Area Road Network and Conditions The proposed site will have one (1) access directly on to W. Southlake Boulevard. And proposes two common access easement connections into the property to the east. The property to the west is the City's ground storage tank. May, 2000 traffic counts on F.M. 1709 (between Pearson Lane & F.M. 1938 24hr West Bound (WB) (18,556 East Bound (EB) (16,891 WB Peak A.M. 1,180 11-12 a.m. Peak P.M. 1,943 4-5 .m. EB Peak A.M. 2,031 6-7 a.m. Peak P.M. 1,101 5-6 p.m. Trnffin (Ii-nPrntinn RntP.c Table #2 AM- IN* AM . OUT PM- IN PM- OUT 24-HR IN 24 HR OUT Total VTPD Gas Station 27 2 3 124 101 101 202 Attachment A Page 1 ESTIMATED IMPACT FEES*: P&Z ACTION: STAFF COMMENTS: Pathways Master Plan The Pathways Master Plan recommends that an eight (8) foot, paved Multi - Use along the north side of F.M. 1709 (W. Southlake Boulevard). Water $7040 Assumes 2 — 2" simple meter Wastewater $7040 Assumes 2 — 2" simple meter Roadway $20,552 SA 8 * Final Impact Fees are determined by the Building Services Department at the time or ouuamg permit issuance. The fees shown above only represent estimates prepared by the Planning Department. July 19, 2001; Approved to Table (7-0) to the August 9, 2001, Planning and Zoning Commission Meeting. August 9, 2001; Approved to Table (6-0) to the August 23, 2001, Planning and Zoning Commission Meeting. August 23, 2001; Approved (6-0) subject to Concept Plan Review Summary No. 1, dated July 13, 2001. Attached is CONCEPT PLAN Review Summary No. 2, dated August 31, 2001. A variance is requested for driveway stacking depth. 75' is required and 42.5' is provided. NACommunity Development\WP-FILESNEM0\200Icases\OI-083ZCP.doc Case No. ZA01-083 Attachment A Page 2 Vicinity Map Lot 5111, Block 3 Cimmarron Acres 1000 0 1000 2000 3000 Feet W N S E ZA01-083 Attachment B Page 1 o - El 8vM 'CN' Dw*u os 1B 10i i� 1 I1d'Id JAUXOD - i3OId3O e C7I � r � R�A C�Ag6TF��w oiaee! i E JJJJJJJJJ JJJJJJJJJ 9 JJJJJ�JJJ JJJJ-S �� JJJJ JJJJ l'i J JJJ J W I JJJJJJJJJ JJJJJJJJJJ M��A7 I • • JJJJJJJJJJJ JJJJJJJJJJJ %. p il9f,g I Ell - 11- Alffe € I JJJJJJJJJJJJJJ J JJJJJJJJJJJJJJ I ■ ! JJJJJJJJJJJJJJ JJJJJJJJ JJJJ JJJJJJ JJJJ r I JJJJJJ�� JJJJ JJJJJJJJJJJ) JJJJJJJJJJJJJJJJ 1 • IaaM[ T / 4MJV a I AIM €g ZA01-083 Attachment C Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA01-083 Revised Review No.: One Date of Review: 8/23/01 Project Name: Concept Plan — Lot 5R7, Block 3 Cimmarron Acres APPLICANT: ENGINEER: City of Southlake SunCoast Architects, Inc. (817) 481-2041 (817) 424-4277 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/02/01 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 DENNIS KILLOUGH AT (817) 481-2073. Driveway stacking depth of 75' is required. 42.5' is provided. (A variance is requested.) Informational Comments: * The applicant should be aware that prior to issuance of a building permit a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Street, Water & Sewer Impact Fees, Tap Fees, and related Permit Fees. This review is based on the "O-1" Zoning District Regulations. This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480-CC, Section 43, Part III "Residential Adjacency Standards" 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. ZA01-083 Attachment D Page 1 • 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 City Ordinance. • Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. L:\COMDEV\WP-FILES\REV\#CPLAN- I . WPD Case No. Attachment D ZA01-083 Page 2 Surrounding Property Owners taw Lot 5R7, .Block 3, Cimmarron Acres Owner Zoning Land Use Acreage 1. City of Southlake 1. SF -IA 1. Low Density Residential 1. 1.00 2. City of Southlake 2. SF -IA 2. Low Density Residential 2. 1.00 3. City of Southlake 3. SF-lA 3. Low Density Residential 3. 1.73 4. W. Brumbalow 4. AG 4. Low Density Residential 4. 19.57 5. JNS Land Family Limited Prt 5. AG 5. Low Density Residential 5. 4.02 6. Century Properties Prtnshp 6. AG 6. Low Density Residential 6. 1.81 7. R. Travis 7. AG 7. Low Density Residential 7. 1.34 8. City of Southlake 8. CS 8. Public/Semi-Public 8. 3.33 ZA01-083 Attachment E Page 1 Surrounding Property Owner Responses Lot 5R7, Block 3, Cimmarron Acres Notices Sent: Five (5) Responses: See attached letter received during the Planning and Zoning Commission meeting held August 23, 2001. ZA01-083 Attachment F Page 1 Kq K!1 I AL56 r -.4 c/ - 0�7 -- ZA01-083 Attachment F Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-376 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 LOT 5R7; BLOCK 3, CIMMARRON ACRES, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 3321, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING 2.176 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT 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 WHEREAS, the hereinafter described property is currently zoned as "C-2" Local Retail ZA01-083 Attachment G Page 1 Commercial 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 G ZA01-083 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 Lot 5R7, Block 3, Cimmarron Acres, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3321, Plat Case No. Attachment G ZA01-083 Page 3 Records, Tarrant County, Texas, and being 2.176 acres, and more fully and �W completely described in Exhibit "A" from "C-2" Local Retail Commercial District to "O-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 G ZA01-083 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 G ZA01-083 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 G ZA01-083 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 G ZA01-083 Page 7 EXHIBIT "A" Lot 5R7, Block 3, Cimmarron Acres, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3321, Plat Records, Tarrant County, Texas, and being approximately 2.176 acres. Case No. Attachment G ZA01-083 Page 8 EXHIBIT "B" �a., �� ids I III NV r � �d to 1AMOROD - HDi490 � t � ppR b� sf'1 ii 1 Id �L�fi S !fill e lid i lid f ff113 €fl19 Case No. Attachment G ZA01-083 Page 9 City of Southlake Department of Planning STAFF REPORT August 31, 2001 CASE NO: ZA01-078 PROJECT: Lot 10, Block 1, Southlake Estates REQUEST: Phyllis Benton is requesting approval for a zoning change. ACTION NEEDED: 1. Consider I" reading for zoning change and concept plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan and Support Information (D) Concept Plan Review (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-375 (H) 11 X17 copy of plan (Commission and Council Members Only) (or STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-078 IN OWNER/APPLICANT: PURPOSE: PROPERTY SITUATION: HISTORY: LEGAL DESCRIPTION: LAND USE CATEGORY: BACKGROUND INFORMATION Phyllis Benton The applicant desires to subdivide her property into two lots. This will create a lot less than 1-acre in size. The purpose of this request is to rezone her property in order to build another house. 615 Love Henry Court A final plat for the Southlake Estates subdivision was approved by the City Council on January 25, 1972. Lot 10, Block 1, Southlake Estates, being 1.805 acres. Low Density Residential CURRENT ZONING: "SF -IA" Single Family Residential District REQUESTED ZONING: "SF-30" Single Family Residential District P&Z ACTION: August 23, 2001; Approved (6-0) subject to Plat Review Summary No. 3, dated August 17, 2001. STAFF COMMENTS: A plat revision is being processed concurrently. The plat is included as the Concept Plat for this rezoning request. Attached is Concept Plan Review No. 2, dated August 31, 2001. NACommunity Development\W-FILES\MEM0\2001cases\01-078Z.doc Case No. Attachment A ZA01-078 Page 1 Vicinity Map Lots 1 OR-1 & 1 0 R-2, Block 1 Southlake Estates 1000 0 1000 2000 3000 Feet la E S Case No. Attachment B ZA01-078 Page 1 y" E aj ��f1p ;! Ei �;t iRi aEi t�i ttt t � �• � .1 . cif it �tr !; 1i a ri i� ;1 ;• ffli i 9 ��i • i( i ail j It ;�f; I 1 I PeO?! SNRO �Pe4S ._._. _.... • .. e 0 g Y Wa 1 9 I d i sa s i � N N C.7 Q II fir I I Case No. Attachment C ZA01-078 Page 1 PLAN REVIEW SUMMARY Case No.: ZA01-078 Review No.: Two Date of Review: 08/31/01 Project Name: Concept Plan — Lots 1OR-1 and 1.OR-2, Block 1, Southlake Estates APPLICANT: SURVEYOR: A.P. Survey Company Michael and Phyllis Benton Jim Shaner or David Pollard 615 Love Henry Court 1903 Central Drive, Suite 305 Southlake, TX 76092 Bedford, TX 76021 Phone: (817) 481-2688 Phone: (817) 267-1249 Fax: (817) 831-4336 Fax: (817) 267-0148 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/27/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. 1. Provide a separate metes and bounds description for Lot 1 OR-2. 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 on three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Case No. Attachment D ZA01-078 Page 1 Surrounding Property Owners Lot 10, Block 1 Southlake Estates Owner Zoning 1. M. Nichols 1. SF -IA 2. G. Fuller 2. SF -IA 3. E.Owen 3. SF-30A 4. E.Owen 4. SF-20A Case No. ZA01-078 Land Use Acreage 1. Low Density Residential 1. 1.90 2. Low Density Residential 2. 2.00 3. Low Density Residential 3. 1.41 4. Low and Medium 4. 9.543 Density Residential Attachment E Page 1 Surrounding Property Owner Response Lot 10, Block 1, Southlake Estates NOTICES SENT: Eight (8) RESPONSES: Two (2) responses were received from outside the 200' notification area: • Joanne Fuller, 570 Love Henry Court, Southlake TX, opposed, " I feel that splitting the lot on the corner will disrupt the appearance of our neighborhood. We purchase our home because of the size of the lots and rural atmosphere. An additional home on the corner will enclose the open feeling we enjoy." (Received August 23, 2001) • See attached letter received during the Planning and Zoning Commission meeting held August 23, 2001. Case No. Attachment F ZA01-078 Page 1 c. Planning and zoning Commission August 23, 2001 To Whore It May Concern: In the current zoning case ZA01-078 we offer our support for this transaction. We have no objections to Ws matter. Thank you, John and Kim Campbell 495 Love Henry Southlake TX 817 329 8840 Case No. ZA01-078 Attachment F Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-375 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 LOT 109 SOUTHLAKE ESTATES, AND BEING APPROXIMATELY 0.791 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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 Case No. Attachment G ZA01-078 Page 1 health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "SF- IN' Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs 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, Case No. Attachment G ZA01-078 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and Case No. Attachment G ZA01-078 Page 3 amended as shown and described below: Being a portion of Lot 10, Southlake Estates, and being approximately 0.791 acres, and more fully and completely described in Exhibit "A" from "SF-lA" Single Family Residential District to "SF-30" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of Case No. Attachment G ZA01-078 Page 4 land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final Case No. Attachment G ZA01-078 Page 5 disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 92001. u_: • • ATTEST: CITY SECRETARY Case No. Attachment G ZA01-078 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 G ZA01-078 Page 7 EXHIBIT "A" Being a portion of Lot 10, Southlake Estates, and addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-75, Page 8, Plat Records, Tarrant County, Texas, being approximately 0.791 acres. Case No. Attachment G ZA01-078 Page 8 EXHIBIT "B" {�}. ! a� ;Ytag :1 E+ !it �Rt !{i G• �•i �.:� !,. ?tat +Ra !t, :tl !t4 If f,#t1 i i 111II H, t,181 'IM I. i' a!i !? !iI !` H t ;: ti t i ; 11 ��� 1 I 11 ;19tH2Oitl;Iitaill !1 €ttil! 3f 111 1 :filtii l� fr 51� t c U <- 51�A , 0 I � I i I 'ti Pe0a WO AMS --- --- -------- i �Ym0�5g � sl s l'I . o N ti co a z FllSli iIl C I Z G c I ai Case No. Attachment G ZA01-078 Page 9 I 0 Im City of Southlake Department of PlanninLy STAFF REPORT August 31, 2001 CASE NO: ZA01-079 PROJECT: Lots 1011-1 & 1011-2 _Southlake Estates REQUEST: Phyllis Benton is requesting approval of a plat revision. ACTION NEEDED: 1. 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: Ben Bryner (817) 481-2086 Case No. ZA01-079 BACKGROUND INFORMATION OWNER/APPLICANT: Phyllis Benton PURPOSE: The applicant is proposing to subdivide her property into two residential lots. The north lot is proposed to remain as "SF-lA". The south lot is proposed as "SF-30". The request is dependent on rezoning the property to "SF-30" Single Family Residential District. PROPERTY SITUATION HISTORY: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING: TRANSPORTATION ASSESSMENT: WATER & SEWER: Case No. ZA01-079 The property is located on the southeast corner of Love Henry Court and Shady Oaks Road. A final plat for the Southlake Estates subdivision was approved by the City Council on January 25, 1972. Lot 10, Block 1, Southlake Estates, being 1.8 acres Low Density Residential "SF-lA" Single Family Residential District "SF-30" Single Family Residential District on the southern lot only Master Thoroughfare Plan The Master Thoroughfare Plan recommends Shady Oaks Drive to be a 2- lane, undivided collector street with 64' of R.O.W. The applicant is required to dedicate land for R.O.W. to equal 64'. Existing Area Road Network and Conditions The proposed Lot 1 OR-2 will have driveway access onto Shady Oaks Drive. The lot will be required to provide an off-street maneuvering area to ensure that vehicles will not back into the Shady Oaks Drive. Shady Oaks Drive currently is a 2-lane, undivided collector street. May, 2001 traffic counts on Shady Oaks Dr. (between W. Southlake Blvd FM 1709 and Highland Dr. 24hr North Bound B 1,709 South Bound (SB) (1,593 NB Peak A.M. 285 7-8 a.m. Peak P.M. 168 3-4 p.m. SB Peak A.M. 210 8-9 a.m. Peak P.M. 170 3-4 p.m. There is an existing 8" sanitary sewer line that runs along the south side of Love Henry Court. An easement has been provided to connect Lot 1 OR-2 to Attachment A Page 1 the sanitary sewer line. A 12" water line exists along Shady Oaks Dr. P&Z ACTION: August 23, 2001; Approved (6-0) subject to Plat Revision Review Summary No. 3, dated August 17, 2001, adding north lot must meet SF-lA district regulations. STAFF COMMENTS: Attached is Plat Revision Review Summary No. 4, dated August 31, 2001. Approval of this plat revision is dependent on the approval of the "SF-30" zoning request on the southern lot, case number ZA01-078, being processed concurrently. NACommunity Development\WP-FILES\MEMO\2001 cases\01-079PR.doc Case No. Attachment A ZA01-079 Page 2 Vicinity Map Lots 1 OR-1 & 1 Q R-2, Block 1 Southlake Estates 1000 0 1000 2000 3000 Feet N S Case No. ZA01-079 E Attachment B Page 1 4 } IRt S S jt 1 i jt4 yi •! 1 t N � i U. AI : l i t1 I !( t1 a m F i.i j4 i !st lj{�f i i I o 3 ttF1! .5�..63..'1 •tt3� { ! {1 i Ptl'' {I`li S to €3 {l` :{{ :• 0 j f i ; �1flt ! ! j!i; j j,I j ti !� cla . a F• fr el�{ t C Case No. ZA01-079 Y N Attachment C Page 1 PLAT REVIEW SUMMARY Case No.: ZA01-079 Review No.: Four Date of Review: 08/31/01 Project Name: Plat Revision — Lots 1OR-1 and 1OR-2, Block 1, Southlake Estates APPLICANT: SURVEYOR: A.P. Survey Company Michael and Phyllis Benton Jim Shaner or David Pollard 615 Love Henry Court 1903 Central Drive, Suite 305 Southlake, TX 76092 Bedford, TX 76021 Phone: (817) 481-2688 Phone: (817) 267-1249 Fax: (817) 831-4336 Fax: (817) 267-0148 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/27/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. Add the deed record information (volume and page, DRTCT) to the owner's certificate. 2. Provide the standard approval block on the plat per appendix 9: Plat Revisions Approved by the Planning & Zoning Commission Date: Chairman: P&Z Secretary: Approved by the City Council Date: Mayor: City Secretary: 3. Provide a 40' building line along Shady Oaks for Lot 1 OR-1. 4. Show and dimension the R.O.W. for Shady Oaks from the centerline of the apparent existing R.O.W. and the full width across Shady Oaks. The Master Thoroughfare Plan requires 64' of R.O.W. Informational Comments The filing of this plat is dependent on appropriate zoning being placed on the lots. 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. Case No. Attachment D ZA01-079 Page 1 Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. Original signatures and seals will be required on three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Case No. ZA01-079 Attachment D Page 2 Surrounding Property Owners Lot IOR-1 & IOR-2, Block 1 Southlake Estates Owner Zoning Land Use Acreage 1. J. Peter 1. SF -IA 1. Low Density Residential 1. 2.13 2. G. Fuller 2. SF-lA 2. Low Density Residential 2. 2.00 3. M. Nichols 3. SF -IA 3. Low Density Residential 3. 1.90 Case No. Attachment E ZA01-079 Page 1 Surrounding Property Owner Response Lot 10R-1 &10R-2, Block 1, Southlake Estates NOTICES SENT: Four (4) RESPONSES: Two (2) response was received from outside of the 200' notification area: Joann Hardy, 455 Love Henry Court, Southlake TX, opposed, " Bought into a small neighborhood w/ 10 homes, 10 large lots. Don't want a precedence set where we can all subdivide our lots. I am adamantly opposed to this. I want to be a good neighbor but this is not acceptable. There will also be too much traffic with a driveway onto Shady Oaks, along with the entrance to the new subdivision. Too much congestion at this corner." (Received August 17, 2001) Francis Nathan, 535 Love Henry Court, Southlake TX, opposed, "This will reduce the value of the properties in the subdivision. We are a 2 acre lot per home. If this is allowed all of us must be allowed to subdivide the entire subdivision. This subdivision is one of the few in Southlake that is spacious. I strongly object this request." (Received August 23, 2001) One (1) response was received from within the 200' notification area: (bw • Greg Fuller, 570 Love Henry Court, Southlake TX, opposed, "I feel that splitting this approximately 2 acre lot will lead to an inconsistent look and feel to the Love Henry neighborhood. This will likely have a negative affect on our property values." (Received August 23, 200 1) Case No. ZA01-079 Attachment F Page 1 City of Southlake, Texas MEMORANDUM September 4, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Ordinance No. 809, 1" Reading, Amending 717 and 717-B and Chapter 18, Article III, Section 18-79 of the Southlake City Code; designating the speed limit within Princeton Park Addition as 25 mph. Action Requested: Consider amending Ordinance 717 and 717-B and Chapter 18, Article 18- 79 of the Southlake City Code to designate the speed limit on all streets within the Princeton Park Addition, specifically Parkcrest Drive, Boston Drive, Princeton Park, Harvard Drive, Yale Drive, Yale Court, Cornell Place as 25 mph. Background Information: City Staff (Department of Public Works Safety and Public Works) have been working with the Homeowners Association to investigate and reduce the speeding concerns in the Princeton Park Addition. The City Engineer has received a petition of request from Princeton Park property owners, for the City Council to consider reducing the speed limit in Princeton Park Addition to 25 mph. The petition includes 71 % of the property owners in Princeton Park. This is the similar speed limit reduction that has been done in several subdivisions throughout the City. On October 6 1998, the City Council passed an ordinance, lowering the speed limit to 25 mph in the Timberlake Addition, which lies directly to the west of Princeton Park Addition. The two subdivisions are connected by Parkcrest Drive. Princeton Park Addition abuts White Chapel Boulevard on its east side. The Princeton Park Addition does experience traffic traveling from the Timberlake Addition to White Chapel Boulevard. If the speed limit were reduced to 25 mph, it would provide for a uniform speed limit throughout these two closely related subdivisions. Financial Consideration: The cost of the signs will be in the range of $400 to $600, depending upon the number needed. This amount of funds is available in the current budget. Citizen Input/ Board Review: City staff has been working with the Princeton Park Homeowners Association. Legal Review: Legal staff is reviewing the amended ordinance. Alternatives: Council may approve or deny the amended ordinance. Supporting Documents: Ordinance No. 809 Princeton Park Homeowners Association Letter Petition Plat Exhibit Location Map Staff Recommendation: Staff recommends that this request for Ordinance No. 809, amending Ordinance 717 and 717-B, designating the speed limit in Stone Lakes Addition, as 25 miles per hour be placed on the September 4, 2001 regular City Council Agenda for consideration. Should City Council approve the request, City Council will need to state that the speed limit has been lowered to 25 miles per hour due to the special hazard (speeding) that exists. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 Mike Patterson, Operations Manager, 481- 2101 PF/ta ORDINANCE NO. 809 AN ORDINANCE AMENDING ORDINANCE 717, 717-B, AND CHAPTER 18, "TRAFFIC AND VEHICLES", OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT WITHIN THE PRINCETON PARK ADDITION AS 25 MILES PER HOUR; DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS; 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 Local Government Code; and WHEREAS, pursuant to Section 545.352 (b) and 545.356, Texas Transportation Code, the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS, a special hazard exists that required a slower speed in order for an operator to drive at a speed that is reasonable and prudent under the existing circumstances in the neighborhood; and WHEREAS, the prima facie maximum reasonable speed limits adopted herein are not in conflict with any order of the Texas Transportation Commission declaring speed limits along any roadways within the city limits of Southlake; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. SPEED LIMITS ESTABLISHED That section 18-79 of Chapter 18, "Traffic and Vehicles", of the Southlake City Code is amended to read as follows: The prima facie maximum reasonable and prudent speed for travel on the portions of the streets or highways designated in this section shall be the speed in miles per hour (mph) designated as follows, provided that an appropriate sign giving notice thereof is erected: 25 miles per hour on Parkcrest Drive, Boston Drive, Princeton Park, Harvard Drive, Yale Drive, Yale Court, Cornell Place. SECTION 2. POSTING SIGNS; INVENTORY The Director of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of the speed limits adopted in this ordinance and to file an updated inventory indicating the new speed limits with the City Secretary as provided in Section 18-82 of the City Code. SECTION 3. CUMULATIVE CLAUSE 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 4. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in its ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two hundred dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Chapter 18 of the Code of Ordinance of the City of Southlake, or any other ordinances or statutes adopting prima facie reasonable and prudent speed limits 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. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY Xm MAYOR ATTEST: CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney PRINCETON PARK HOMEOWNERS ASSOCIATION P. 0. BOX 92691 SOUTHLAKE, TEXAS 76092 Southlake City Council 1400 Main Suite 320 Southlake, Texas 76092 Dear City Council Members: Please accept these signatures as our petition to the City of Southlake requesting the lowering of our speed limit from 30 MPH to 25 MPH in the Princeton Park sub -division. The Homeowners Association and the residents of Princeton Park support this effort as discussed at the May 24, 2001 meeting attended by Charlie Thomas from the City. We appreciate your help in attaining this lower speed limit for our residents. Sincerely, Sandy Ohmstede Secretary Princeton Park HOA V 0eT.r Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name Address Phone Number Signature i o i ., , 79 ) C 1 l 8U 82 83 I 84 85 86 87 88 89 1 90 91 92 93 94 95 96 97 8 99 _ 100 11 U L, . (Note: Only one sia ature per household, please) Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name Address Phone Number Signature 1 D vl la6W5KI D(a I`�th ictt�t-L Ci - t{ L "49'0 —� I � �®— �� �cr� (C� `{ 'K(l �'f) -o 3 r4 &57DAJ i c Jal-e-S So Z Pro U,CAP^ Cf. U i 7— 3%1 — 6 r 7 �. v oY `%al �, �, 7 - 3 Z - -727 9 �F-� 1 Stets"�/)o 12 y 13 14,Y 1 15 1,6RA�cwc.- ! 10 F) Yq% C-� $17 3Z`( 7776 17 - - t 18 a d �l7 -���' ;o ?' 20 C)'3 , c� l� Cf - 2'1-73I 1. Red nd --,on f C�.C�S� �/%-`r��Z- S SRO j I 22 I ' � 3 1 ✓�-�.. F 9 c� � 3 - N `6" r7 - - ,Note: On'-, one signature per household, please.) I LW Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name /Address Phone Number Signature Gam-, i 7 717 9 10 11 12 _ 13 14 i 15 16 17 � �l 1g 19 20 121 2� I i I � 24 F25 (Note: Only one signature per household, please.) a M Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. T-Name Address Phone Number Signature j ( L� 6L[.,— 0 '? 4'c vim 3 AA Cf n 7 , t z. 6 { �� ' L �+W C 1J r i V C� . r3 ! " 4 CJ1 - P5-Z [K I 8 l 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 —- 24 25 (Note: Only one signature per household, please.) Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name Address Phone Number Signature 1 Co (_ cc� �'7 PrRv e — C, 3 v1 f i 1 4 I zv 5 `GJC,rJ —2 o�{ 7 s �� �-V 109 vCt V d Dr.b ��� 3 a �� V77 , 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i 25 (dote: Only one signature per household, please) W �M Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Naipe Address Phone Number Signath-re 1-4 A X. 3 . J, f c_rR t j E C� 1 �. I�c�.r c� es `-( 81- ct �t a- I n , 4 U s 6 7 9 10 11 12 13 14 15 16 17 _ 18 19 20 21 22 ( _ � 23 _� 24 25 (Note: frOnly one signature per household, please) M Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name Address Phone Number I Signature 26 IS, 28 29 i 30 31 32 _ i 33 34 35 36 37 I 38 39 40 41 42 43 I I 44 45 � 46 — 47 i 48 49 50 (_Vote: Only one signature per household, please) M Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name Address Phone Number Signature � I � 3 i 4 5 6 7 8 9 10 11 12 13 14 15 � -- 16 17 18 19 20 21 ! I 23 24 i 15 (Note: Only one signature per household, please.) L 7 Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name i Address Phone Number Signature CR63 T- C-C i 3 4 ' 5 6 i �I- 7 8 9 10 11 13 j LI 4 15 L 16 I -- 17 18 19 20 i 21 23 24 _ —1 25 (Note: Only one signature per household, please) 0! Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name Address Phone Number Signature 2 3 4 5 6 7 j 8 9 i0 11 12 13 14 15 16 17 18 19 I 0 i 21 22 _ 23 I -4 � I 25 i (Note: Only one signature per household, please.) 01 V/ Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name A dress Phone Number Signature 2 L- vN� N b tQ -?�o`aQa (V E- L7 - u, i % — SS-7 Z..- I I 7 8 9 — --� 10 11 i 12 13 1 16 17 19 20 23 24 25 (Note: Only one sianature per household, please.) Y-11 A M Petition for Speed Limit Change By signature below, the residents of Princeton Park neighborhood 'indicate their desire for the City of Southlake to establish and enforce a speed limit of 25 miles per hour (versus the current limit of 30 miles per hour) throughout the neighborhood. Name Address Phone Number Signature 7, 2 3 4 6 7 8 10 i 13 14 15 16 17 19 -)o 21 24 (.Vore: Only one signature per household, olease.,) X <Z a O oI. • i3 � F zi��.�� .� o R :x b�. F i U1 R �f \/ R•{- 8i.�p�-:� 'Rp:YYR Yf.YYw1Y+8Y �aYS: • I I �_ � 3is �i�_aa_. 8, w�=tat; iya:i_V.-".iY..-V", .__ a __ �� �� s �q9Br9Raaa�Tces�i�'�,R:sa979ahs9tiFa"ea]�:a:a�ay� _.fR:iiss�'irs�aii5Hi�k-aInd! 5t€ai_k=_�_'fi"_ . �r� a ii191:R+9+XXfF�9FY J9%I?F=ZJ. J__...-..-. ^R'R 4 9 t 88898iti 9699 Y 89p889288888898Y8im � �I A�t !� .A .�ll�AAAA�AA�AEAl��A�AA9aaaRas.:apaaaeaaeee_ � p+A }t,,,.' == -' kkhf�'9•r*='-hcb's : Y. i tl! g 9It��� �vg GY�if � cm�eceeAi9�e"eEi�EEAhBSiaA6A�68�d9A6AAAs33 46 MEMORANDUM August 31, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-036, Appointment to the Crime Control and Prevention District Action Requested: City Council appointment of four (4) director positions to fill expiring two-year terms to the Crime Control and Prevention District. Background: The Crime Control and Prevention District is governed by a board of seven (7) directors who are appointed by the City Council to serve staggered two-year terms that expire September 1. Currently, positions occupied by Frank Pittman, Lou Ann Heath, and Martin Schelling expire September 1, 2001, and there is a vacancy left by Peter Gaal who resigned to run for City Council that also expires September 1. The City Secretary's office has received applications from Peter Gaal, Frank Pittman, Lou Ann Heath, Martin Schelling, John Swift, Pam McCain, and Ralph Williams which are attached for your consideration. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-036 2) List of existing directors 3) Applications Staff Recommendation: Make appointment to fill four (4) expired positions. RESOLUTION NO.01-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code, Chapter 363.051 (The "Act") authorizes a municipality that is partially or wholly located in a county with a population of more than one million to create a crime control district within its jurisdiction; and, WHEREAS, on November 4, 1997, Southlake voters approved a proposition to create the Southlake Crime Control and Prevention District, dedicated to formulating crime reduction programs and the administration of the one-half cent sales and use tax collected for the support of crime reduction programs authorized by the city; and WHEREAS, Section 363.101(a)(b) of the Local Government Code states that the District is governed by a board of seven (7) directors who serve staggered two-year terms that expire September 1; now, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The positions occupied by Frank Pittman, Lou Ann Heath, and Martin Schelling expire September 1, 2001, and there is a vacancy left by Peter Gaal who resigned to run for City Council that also expires September 1, 2001. The following persons are hereby appointed to serve as Director for the Southlake Crime Control and Prevention District for a two-year term to expire September 1, 2003: 2. 3. 4. Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE 4" DAY OF SEPTEMBER 2001. CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy