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2001-03-06 CC PacketCity of Southlake, Texas MEMORANDUM February 27, 2001 TO: All Department of Public Safety Personnel FROM: Rick Black, Interim Director of Public Safety SUBJECT: Paul Ward Receives the Spirit of Cooperation Award Thursday, February 22, 2001 provided another proud moment for the City of Southlake. Malcolm Jackson, Chuck Bloomberg, Paul Ward and myself attended the greater Fort Worth Builders Association Professionalism Banquet held at the Colonial Country Club. Many prestigious and honored guests were present, such as mayors from various cities, county commissioners, etc. One of the awards given was the Spirit of Cooperation Award. This award recognizes a municipal employee who cooperates with builders and works to facilitate reasonable and practical interpretations and application of city codes and ordinances in a commitment to provide safe, comfortable and affordable housing. This year's recipient was Paul Ward. Paul has indeed made us proud through his deserved recognition as a man of competence, compassion, cooperation and as a member of the Southlake Department of Public Safety. Congratulations Paul. 7 cc: Billy Campbell, City Manager Shana Yelverton, Assistant City Manager MONTHLY CODE ENFORCEMENT REPORT FEBRUARY 2001 SIGNS IN R.O.W.................................... 98 VEHICLES TAGGED .............................. 5 FOOD VENDORS ................................... 3 TRASH CONT....................................... 0 HIGH GRASS/WEED CASES .................... 0 TOTAL CASES FOR MONTH .................. 40 TOTAL (excluding high grass/weeds)............ 146 AGENDA MANAGEMENT SCHEDULE - Draft Date: 3/2/014:02 PM City Council Meeting- March 20, 2001 City Council Meeting- April 3, 2001 Consent: Consent: 1. Minutes t. Minutes Contract w/ Baker & Taylor for Library resource 2. Contract w/Architect for recreation center - KH materials - KH 3. Approve Bicentennial Park master development plan - KH 21 Reading & Public Hearing & Related Items: 2" d Reading & Public Hearing & Related Items: 1. Ord. No. 797 Charter Election- JE 1. ZA 01-007, ZCP, Sabre Corp Ph 11, 2' Reading 2. ZA 00-127, SP, Big Bowl Restaurant 2. ZA O1-013, Z, Old Orchard Country Estates 3. ZA O1-005, SUP Big Bowl, Alcoholic Beverages 3. Ord. 799, Amendment to P&Z meeting place - SLG 4. ZA 01-014, SUP, Snookies, Alcoholic Beverages 5. ZA 01-007, ZCP, Sabre Corp Ph II, 1" Reading 6. ZA 01-008, DP, Sabre 7. ZA 01-023, SP, Sabre 8. Ord. 798, TXU Gas Rate Increase Ist Reading & Related Items: 1st Reading & Related Items: t. ZA 00-136, PS, Lots 17, 18, 19, 20 OW Knight 2. ZA 01-013, Z, Old Orchard Country Estates 3. Ord. 799, Amendment to P&Z meeting place - SLG Resolutions: Resolutions: Consider: Consider: 1. Designation of Timarron/Richard's site for future recreation center - KH Discuss: Discuss: t. StarCenter Executive Session: Executive Session: Potential Work Sessions - Draft: 3/2/01 4:02 PM Future Council Meetings- Draft: 3/2/014:02 PM Forum: Economic Development Tax:Abatement Policy - V Quarter 2001Consent: 1. Fort Worth Water Contract - PF Multi -Year Financial Plan-1°/2°d Quarter 2001 2. Auth Mayor to execute letter authorizing TxDOT to change speed limits in construction zone on SH 114 - CT 3. Abndmnt of 15' utility easement on property owned by Fina (S-7) - SP Outdoor Storage Ordinance - 1" Quarter 2001 4. Abndmnt of 15' utility easement on property owned by Explorer (S-7) Uniform Development Ordinance - 2" Quarter 2001 - CT 5. Authorize the Mayor to enter into a prof servs agr w/JD Wilson and Public Safety Assoc for development of a strategic plan - SKY 6. Authorize IA w/CISD for natatorium - KH DPS West Facility -1• Quarter 2001 7. Auth contract w/SRA for softball complex - KH Operations Staffing 2nd Reading / Pub Hearing & Related Items: Opening Date DPS East Facility - V Quarter 2001 1 Operations 1st Reading & Related Items: Staffing Opening Date 1. Ord. 483-I, Amendments to Sub Ord No. 483, - Park and Recreation Public Works Dedication Requirements-CC/KH 2. Ord. No. 774, Amendment to Trail System Master Plan - CC/KH Drainage Issues / Federal Regulations - 2nd/3'd Quarter 2001 Stormwater Utility District - 2°d/3'm Quarter 2001 Other Items Resolutions: 1. Res. 99-16, relating to limiting A of zoning applications - from 3/23 Joint City/CISD Meeting -1" Quarter 2001 CC mtg - BP Consider: 1. Sidewalk / Trail Implementation Plan 2. Prof Services Agreement - Michael Drive (PW - 5/4/99) 3. Interlocal Agreement with Grapevine re: North Kimball - RH 4. Auth Mayor to enter into an IA w/NE Tarnmt County Regional Water System (NETCRWS) - RH Discuss: 1. Land Conservatory District . 2. Utility Policies & Standards Ordinance 3. Street Standard Ordinance 4. Ord. 771, Nuisance Ordinance - MJ 5. Ord. No. _, Right of Way Management (City attorney letter date 6/19/2000) - PF 6. Emergency Preparedness Notification Program - RB 7. Revise Landscaped Ordinance to include bufferyards etc. - RB 8. Sign Ordinance Revisions- RB 9. Ordinance Establishing Regulations on Corps' Property- RB 10. Parade and Street Closure Ordinance- RB 1 L Substandard Bldg. Ordinance- RB 12. High Grass/Weeds Ordinance revision- RB 13. Residential lighting standards review- RB 14. Mass Gathering Ordinance- RB 15. Elevator Ordinance- RB 16. Tree and Landscape Ordinances- RB 17. E-Court - JK 18. Change Order Nl w/Mid State utilities for 18 in sewer force main along N. Kimball Executive Session: City of Southlake, Texas �MEMORANDUM March 2, 2001 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (481-1433) SUBJECT: Resolution No. 01-005, appointing representatives to the SPIN Standing Standing Committee, and appointing representatives to fill two (2) unexpired terms Action Requested: City Council approval of Resolution No. 01-005, appointing representatives to the SPIN Standing Committee, and appointing representatives to fill two (2) unexpired terms for SPIN Neighbohroods #3 and #15 (co -representative). Background Information: The SPIN Standing Committee representatives are appointed for staggered two-year terms. This year, all of the representatives in the even -numbered SPIN neighborhoods and the Senior Standing Committee Representative became vacant in December 2000. For this particular term all of the current representatives are seeking re -appointment except SPIN Neighborhood #12. The position of youth delegate has been vacant throughout 2000 due to several attempts to recruit a delegate. Differing from previous approaches to vacancy, the Standing Committee wanted to attempt to fill vacancies through a recruiting process led primarily by outgoing representatives versus allocating resources to a vacancy meeting which has recently yielded a low turnout. The attached resolution provides for the two-year appointment of the following individuals to the SPIN Standing Committee for terms that run through December 2002: ■ SPIN #2 — Martin Schelling ■ SPIN #8 — Pattie Minder ■ SPIN # 12 — Rick and Jackie Phillips ■ SPIN #16 — Bob Walker ■ Youth Delegate — Garrett Mills ■ SPIN #6 — Tim Miller ■ SPIN #10 — Al Morin ■ SPIN #14 — Mike Conrads ■ Senior Rep — David Baltimore ■ Youth Delegate — Frith Dabkowski In addition to the expired terms, this resolution appoints two (2) representatives to fill the unexpired terms of SPIN #3 Representative Mary McMahon and SPIN #15 Co -Representative Dave Visney. Both representatives recently resigned their positions prior to the expiration of their terms at the end of December 2001. This resolution provides for the appointment of the following individuals to the SPIN Standing Committee for the specified terms: 'J�rl Billy Campbell, City Manager t March 2, 2001 Page 2 ■ SPIN #3 - Milan Georgia ■ SPIN #15 - Andrea Brankin (through December 31, 2001) (through December 31, 2001) Financial Considerations: Not Applicable. Citizen Input/ Board Review: The outgoing SPIN #12 Representative, Cameron McCartha, and Senior Representative David Baltimore worked together and consulted neighborhood residents in recruiting the Neighborhood # 12 appointments, Rick and Jackie Phillips. The SPIN Executive Committee and SPIN #9w Representative Lynda Warner worked together to recruit the two (2) youth representatives. Two are recommended, as Mr. Mills currently attends Jesuit High School, and Ms. Dabkowski currently attends Carroll High School. Outgoing SPIN #3 Representative Mary McMahon requested SPIN #3 Liaison Milan Georgia to fill the remainder of her term. Outgoing SPIN #15 Representative Dave Visney and SPIN #15 Representative Curtis Powell worked together to recruit Andrea Brankin to fill the remainder of Mr. Visney's term. The SPIN Standing Committee discussed the current status of the appointments at their February 13, 2001 meeting. Legal Review: Not Applicable. Alternatives: Input towards the discussion as desired. Supporting Documents: Supporting documents include the following items: ■ Copy of Resolution No. 01-005, appointing representatives to the SPIN Standing Committee, and filling the unexpired terms for SPIN Neighborhoods #3 and #15 (co -representative). Staff Recommendation: Place on the March 6, 2001 City Council agenda to approve Resolution No. O1-005, appointing neighborhood representatives to the SPIN Standing Committee, and appointing representatives to fill two (2) unexpired terms for neighborhoods #3 and #15 (co -representative). JE L1 RESOLUTION 01-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR TERMS; PROVIDING APPOINTMENTS TO FILL TWO UNEXPIRED TERMS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, established the Southlake Program for the Involvement of Neighborhoods (SPIN) to provide a more available form of citizen participation in the affairs of the City Council; and, WHEREAS, the mission statement of SPIN is to provide a forum which fosters open and timely communication between the citizens of the City of Southlake and City Government regarding programs, activities and issues that affect the quality of life in the community and fosters a stronger sense of community; and WHEREAS, under Ordinance No. 598-A, the City Council created the SPIN Standing Committee to represent each of the designated SPIN neighborhoods with residents from each SPIN area selecting a representative; and WHEREAS, the City Council officially names the SPIN Standing Committee members through a resolution after the SPIN area has selected a representative; now LW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The following is hereby appointed as neighborhood representatives for the term specified: SPIN Area #2 Through December 2002 SPIN Area #4 Through December 2002 SPIN Area #6 Through December 2002 SPIN Area #8 Through December 2002 SPIN Area #10 Through December 2002 SPIN Area # 12 Through December 2002 SPIN Area # 14 Through December 2002 SPIN Area #16 Through December 2002 SPIN Senior Delegate Through December 2002 SPIN Youth Delegates Through December 2002 Through December 2002 1,56 13 s Resolution No. 01-005 March 6, 2001 Page 2 of 2 Section 2. That the positions of SPIN 43 representative and SPIN 415 co -representative, (awl, previously held by Mary McMahon and Dave Visney, have been vacated and the following individuals are hereby appointed as neighborhood and co -neighborhood representatives for the specified terms: SPIN Area #3 SPIN Area #15 Through December 2001 Through December 2001 Section 3. This resolution shall become effective after its passage and adoption by the City Council. EXECUTED this day of ATTEST: City Secretary 2001. CITY OF SOUTHLAKE Mayor City of Southlake Department of Planning STAFF REPORT March 2, 2001 CASE NO: ZA00-133 PROJECT: Parker's Corner REQUEST: Drews Realty Group is requesting approval of a Rezoning and Concept Plan ACTION NEEDED: 1. Conduct public hearing. 2. Consider rezoning and concept plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner Letters (H) Ordinance No. 480-356 (1) Blue line copies of plans (for P&Z and Council Members Only) STAFF CONTACT: Ken Baker (481-2046) Case No. Agenda Item ZA00-133 7A BACKGROUND INFORMATION OWNER: Drews Realty Group APPLICANT: Drews Realty Group PROPERTY SITUATION: On the west side of Davis Boulevard (F.M. 1938) approximately 350' south of West Southlake Boulevard (F.M. 1709). HISTORY: 1981-Final Plat approved by City Council. 1994-Plat revision approved by City Council LEGAL DESCRIPTION: A portion of Lot 5R1, Parker's Corner; and Tracts 2A3 and 7A, Jessie G. Allen Survey, Abstract No. 18; and being 2.959 acres. LAND USE CATEGORY: Retail Commercial and 100 Year Flood Plain CURRENT ZONING: "AG" Agricultural District and "C-2" Local Retail Commercial District REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses TRANSPORTATION (W ASSESSMENT: :11aster Thoroughfare Plan The Master Thoroughfare Plan recommends 130' of right-of-way (R.O.W.) for Davis Boulevard. Adequate R.O.W. currently exists. Existing Area Road Network and Conditions The proposed site will have one (1) access directly on to Davis Boulevard (F.M. 1938). Davis Boulevard is a 4-lane undivided roadway. The nearest drive to the north is located 43 F away from the proposed drive location (Variance has been requested). The nearest drive to the south is 520' from the proposed drive location. At its intersection at Southlake Boulevard (F.M. 1709), F.M. 1938 is a five (5) lane cross section with one (1) left hand turn lane, one through lane, and (1) one right hand turn lane. F.M. 1938 is designed to ultimately accommodate a six (6) lane undivided roadway. Once expanded, the capacity of F.M. 1938 will be approximately 40,000 vehicle trips per day. F.M. 1938 currently carries 22,681 vehicle trips per day. It has a capacity of 30,000 vehicles daily under its current design. During the A.M. Peak, this road carries 1,853 vehicles per hour while the P.ti1. carries a total of 1,927 vehicles per hour. Case No. Agenda Item Attachment A ZA00-133 7A Page 1 WATER AND SEWER: ESTIMATED IMPACT FEES*: May, 2000 traffic counts on F.M. 1938 (between F.M. 1709 & Continental Avenue)• Table #1 24hr North Bound B 11,900 South Bound (SB) (10,781 NB Peak A.M. 1,125 7 a.m-8 a.m. Peak P.M. 851 5 .m.-6 p.m. SB Peak A.M. 728 7a.m-8a.m Peak P.M. 1,076 5 .m.-6 .m Traffic Impact The normal hours of the proposed Sonic Restaurant are from 10 a.m. to 1 1p.m. Monday through Thursday and from 10 a.m. to 12 a.m. Friday and Saturday. The peak traffic hours of the Sonic restaurant are between 12 p.m. and 1 p.m. and 6 p.m. and 7 p.m. It is projected that during this peak time, the restaurant will generate approximately 80 vehicles for both peak periods. The restaurant is projected to generate an additional 460 vehicle trips per day. The retail portion of the site is projected to generate 162 vehicle trips per day. The peak time for the retail is estimated to be -between 4 p.m. and 6 p.m. During the peak hour it is projected that the site will generate 22 trips per hour. Master Trail Plan- The Master Trail Plan recommends an 8 foot off -road pedestrian/bicycle trail along F.M. 1938. The concept plan indicates a trail will be provided. The site will be served by a 6" water line and a 10" sewer line along F.M. 1938. Water $15,156 Wastewater $7,196.80 Roadway $4,425 * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: February 8, 2001; Approved (5-0) subject to Concept Plan Review Summary No. 3, dated January 31, 2001, accepting the requested variances for the minimum driveway spacing and minimum stacking depth. P&Z SPEAKERS: None. Case No. ZA00-133 Agenda Item 7A Attachment A Page 2 COUNCIL ACTION: February 20, 2001; Approved (6-0) First Reading subject to Concept Plan Review Summary No. 3, dated January 31, 2001, incorporating the Planning and Zoning Commission's recommendation. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated January 31, 2001. The applicant is requesting the following variances: The drive intersecting Davis Boulevard must have a minimum driveway spacing of 500' from the nearest drive. There is a current drive is located to 431' to the north (See Driveway Ord. 634, Section 5-Table #1). (Variance request submitted by applicant per Ordinance 634, Section 8.2). • Provide the stacking depth from connecting R.O.W. A minimum storage length of 75' is required. Approximately 40' of stacking depth has been provided. (See Driveway Ord. 634, Section. 5 for design criteria). (Variance request submitted by applicant per Ordinance 634, Section 8.2). The applicant is proposing the following S-P-2 District Regulations: • The applicant is requesting that the minimum size for a separate building or structure in the district be 1,500 square feet. (The C-2 & C-3 districts have a minimum size 2,000 square foot requirement for separate buildings). • The west Type "A" bufferyard is required to be 5' in width (Ordinance 480, Section 42.4.0. There is a 25' section adjacent to the internal drive on the west property line in which the bufferyard does not meet this width requirement. That applicant has requested that the bufferyards be approved as shown. • The drive-in canopies will have pitched roofs. • The drive -in -canopies locations, sizes and setbacks approved as shown on the Concept Plan. N: Community Development WP-FILES`ltilE,'vtO\2000cases\00-133ZC.doc Case No. Agenda Item Attachment A ZA00-133 7A Page 3 Vicinity Map Parker's Corner sI T ---- py:-"�F-- ewsIn�f,IEN r .—. rc - CT. Z �o++Nsew+�B I � �`—� m �-37---' .✓/ �(Es7 $_QuT^� x � _ Case No. ZA00-133 ��M�� PIES ESQ P Grp 1i C?RR HIGI SCrC STCNEBUR'/DB�� 6ReFRS- S ESTBT�S -4; �RKE GORNFR �xF/� A\R�. - ,� w P - --------------------- a GGa5 p, S0 1000 0 1000 2000 3000 Feet Nor — W E S Agenda Item 7A Attachment B Page 1 �w.n... ..--.....-. SYX31 d1NnO:) 1NYUtivl 3YY 30 ALJ t o-slot N••e .. wm ti �x I �iw.g oo• .,,,nfai imryn.nn� Ztl-S 7 IV-iwG l}1-1tl6 101 03SOdOtld lk1 SVX31 '3�V71L7108 !O AlIJ aca,anrni slOulled-Sin tl3NUOJ S.tl3YdYd 163n03tl 9MNOZ 636n Z-O JNI 'dnOH7 111V3V SM3W(3 ana H11M Z-d-6 WOd NY1d ld3JNOJ o a. n.a ac - •was ' saaj Iia 3! YAK yg"pp 11 5r91 All ]I s a ' iy, I I 8 6 6 l O N A V MoH 9 I H W j e 0 d V A 3 1 n 0 6 S I A V 0 __1N1 l.. trK r •, 1 _ , Iti _Z °ems ' •7 >y - 7 y-_ - ° ---------.._� a A. -, S O \SW C4 No. Agenda Item ZAOO-133 _ .. -- - -- - -- -- -- -- - -�A --- -- ------ _ d� j _va F _ la 5 s - Attachment C _ __ -Pane I CONCEPT PLAN REVIEW SUMMARY Case No.: ZA00-133 Review No.: Three Date of Review: 01/31/01 Project Name: Concept Plan — Parker's Corner Lots 5R1-RI & 5R2-R2 APPLICANT: Drews Realty Group 580 Commerce Street Suite 400 Southlake, TX 76092 ENGINEER: Bury Partners-DFW, Inc. 5310 Harvest Hill Road Suite 100 Dallas, TX 75024 Phone: 972-991-0011 Fax: 972-991-0278 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/22/01 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 KEN BAKER AT (817) 481-2046. Drivewav Issues -Variances Requested 1. The drive intersecting Davis Boulevard must have a minimum driveway spacing of 500' from the nearest drive. There is a current drive is located to 43 P to the north (See Driveway Ord. 634, Section 5-Table #1 ). (Variance request submitted by applicant per Ordinance 634, Section 8.2 -See Section E-pages 1 -Variance #1). 2. Provide the stacking depth from connecting R.O.W. A minimum storage length of 75' is required. Approximately 40' of stacking depth has been provided. (See Driveway Ord. 634, Section 5 for design criteria). (Variance request submitted by applicant per Ordinance 634, Section 8.2-See Section E-page 1-Variance #2). Proposed S-P-2 District Regulations The applicant is requesting that the minimum size for a separate building or structure in the district be 1,500 square feet. (The C-2 & C-3 districts have a minimum size 2,000 square foot requirement for separate buildings). 4. The west Type "A" bufferyard is required to be 5' in width (Ordinance 480, Section 42.4.f). There is a 25' section adjacent to the internal drive on the west property in which the bufferyard does not meet this width requirement. That applicant has requested that the bufferyards be approved as shown on the Concept Plan. ON The drive-in canopies will have pitched roofs. The drive- in -canopies locations, sizes and setbacks approved as shown on the Concept Plan (See Attachment E-Page 4). Case No. Agenda Item Attachment D ZA00-133 7 A Page 1 INFORMATIONAL COMMENTS: P&Z ACTION: February 8, 2001; Approved (5-0) subject to Concept Plan Review Summary No. 3, dated January 31, 2001, accepting the requested variances for the minimum driveway spacing and minimum stacking depth. 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. This review is based on the "C-2" 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. • 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. Case No. Agenda Item Attachment D ZA00-133 7A Page 2 • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: L:1COk1DE V\ WP-FILES'REV\#CPLAV-1. WPD Case No. Agenda Item Attachment D ZA00-133 7A Page 3 11111111111111 .i anuar'i , 211111 City of Sc,,:I a en _ _anninCj. a-.... Zo=J n wept. _ 21 _. -af.e �G_e`laro, �- eXas ,(vim He_. 3aker RE : CITY CASE # ZA-00-134 Sonic Drive-in Davis Blvd. Southlake, Texas This let_er is a request for variances or. the above referenced projez_. DIST - CE BETWEEN DRI —EW YS: l VJv�C E�� }�1•>n V.a ��✓� The center .f the proposed driveway is 431 feet from the center o nearest dr_ , e located to the north, w_^.'_ch is less t!7a.^_ -he required 5 _ _eet. _-e cen-er c= _ne propcsed drive is located at __e southeas_ Corn2_ C_ _ _e proper:'i T :ere fore, 4?_ feet is t e T3Xi3ltIR diSt ..ce ---a_ can '-e aC.._eve'd be_,,een _'ne two drives and _ rovide an ;access the .-�_- Case No. Agenda Item _ attachment E ZA00-133 1a PFD Page 1 - - -e --' _ _ - --- 0_3^ �_ Ci :ne V=_ram and t_ _ V e _ _ _ __^.y ___ t-ie . J f 'O: J _aC{_-_der) -i RIANCE #3 - CCIUiL�TS SUP OR' 7' TrZ C-aNC? .e -4'_._ w___ ^? �pDCr 8 Cr ?:{Dr?53 d_^"! _L'TiP.S, however, .. .__. ,p i ..72_ _.ne _..a_k_- _'a. -es 'rill_ ce c'~DpCr_eC '=.- S a^_C _.,c- :ed a- t :e __deJ- e'er'--- ^,d_.___ SDa._... Tna __en_ __ _ des _J r' masc rv, 3J C'd^ Ci. X..?__1= c_eva__iC:':_. _ills W___ _..,..,:de LTA_s facing Davis Blvd. on -::e _.__ _ side cf---_ _^._'cDert1 i:':e ildS'onry rlraccing ^;e CCi'Y?ms '.Jill ma _i e S -3ne veneer : _ e CU1=�'�..4 he --_-ermedia=e CC-=ns w__- ne Dd1^ted t., match _he CC_Cr Cf -'-he _ ryI S _.. _ . , . J :Tdt _i id_ . We are -re uUesbrig t.-V _ the er:uediate _;z-c, ! CGlI.:.'::^S C.a pdir-ed, 1_^. 1_e'u .�_ cein wrapped in ;IldS^.:lrj for the ---- ;wing reasons. _. As seen _av_s maso _rvi i.'=3D^,ed CCl=s a- the e-d_ _ —e .-1CC will _e a unif.=L. 7,anscrry Ca zcedra-ce anat._.:_es .,..__.._ng ...,Mn J are 3nace'd a_ __' _.. `tee DaJ_ J:na_Ie- _..___T:eCid_V S..eel z:7,1 s zr; 7e_n n- _ be c ___S_ie or no iced✓_e. We are on er-:e _na_ wrdDD_i_ a__ ^e _r_termediate _o_,;mns in aiasonr_i wOUld make t: _ CanOD_! St_ icr_u're appear CCC ve _red__.^:y^ d = reS`_ maScnry _Clu??n5 3. "_'�a yr =er or+,ldta Steel C^l= S 'rind be Da'rted tC match the `and Ca:?CDJ ...-__ _=.,rep _ :e S:^..3__er CCIU.? s would be IeSS r-t Ceable r.'7an tie-aS-^r.! wrapped co-', s- Case No. Agenda Item Attachment E ZA00-133 1 A Page 2 __. C 2 S 'j--3 4 =__vim if _72 aC 1.-..-ed _.1:_ -.ee_ ___._ _ ea..- __ .__:e .,/ i.:C'_.. - - mecn_--_ca_ sys:-ems _c crea__ _.,.__._=_cns =_- make i----� -- - _ 'T_Ca2 _Ci:2C _ _ i2_ the �_ �4 _ We are aS _ng r2 �...- -:^_2 anony roc_-ii: hing t^-e building for the fo-1eN_ng _=asons. - _:ra all _ :a' ra_^_ s L:^:e :<_ _ r-e' W -_ -- a-d exhaust farts. The ^ar ca_s 'nave wee._ designed _ =sell _e _3o _ _ Cam:. me:__ W. AC'. 4 IS - r2a_2 _ _✓:-2 rocL a_ _�_2 - __�e_er Na__ _ _cWer __a= rcc= _oC Meehan_,._'_ area G_ _e ce. `_e_ __ __:e ached roc= would _rea-- _wc oitche: _c -_t__nes cn _he ___a_. -a ade. We _..ink two n_ Cheu rods wc,,:_d -pear _cc cCMCex a-d c_'.:t ered. -e eanccv _s an _ntr_,._ _e _ - _ t ^:e =__. _i ._ a- . anceara-Ce r2Me^ - Michael F. Taichell, L. P. Case No. Agenda Item Attachment E ZA00-133 IA Page 3 Ken Baker From: Terry Clark [tsc-mft@texas.net] Q)ent: Thursday, February 01, 2001 4:14 PM o: KBaker@ci.southlake.tx.us Subject: Sonic Drive-thru Ken Baker: REFERENCE : SONIC DRIVE-IN DAVIS BOULEVARD SOUTHLAKE , TEXAS CITY CASE # ZA00-134 This letter is to amend our development regulations on the concept plan to include the following : d) Drive in canopy locations, size and setback approval as shown on the Concept Plan. Terry Clark MICHAEL F. TWICHELL, L.P. Case No. ZA00-133 Agenda Item 7A Attachment E Page 4 Surrounding Property Owners Parker's Corner Property Owner Zonine Land Use Description Acrea e 1. Lam, Conner 1. AG 1. Office Commercial 1. 2.64 2. Dkv Partners I Lp 2. C-2 2. Retail Commercial 2. 0.66 3. Kwik Kar Lube & Tune 3. S-P-1 3. Retail Commercial 3. 0.51 4. Wendy's International, Inc. 4. C-2 4. Retail Commercial 4. 0.72 5. Southlake JV 5. C-2 5. Retail Commercial 5. 1.10 6. Venus Partners III 6. C-3 6. Retail Commercial 6. 2.56 7. Collins, Ottis F 7. S-P-1 7. Mixed Use 7. 3.63 S. Sheehey, F Rosetta 8. SF-20A 8. Mixed Use 8. 0.39 9. Sheehey, F Rosetta 9. AG 9. Mixed Use 9. 1.24 10. Mantheiy, Joseph Etux Pegg: 10. RE 10. Low Density Residential 10. 5.00 Case No. Agenda Item Attachment F ZA00-133 7A Page 1 (6W Surrounding Property Owner Responses Parker's Corner NOTICES SENT: 12 RESPONSES: One response was received from within the 200' notification area: • Roy Mendez, 2335 W. Southlake Blvd., Southlake, TX, in favor. (Received February 1, 2001.) Case No. Agenda Item Attachment G ZA00-133 7A Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-356 AN ORDINANCE AMENDING ORDINANCE NO. 4809 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 5R1, PARKER'S CORNER; AND TRACTS 2A3 AND 7A, JESSIE G. ALLEN SURVEY, ABSTRACT NO.18; AND BEING 2.959 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES 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. Agenda Item Attachment H ZA00-133 7A Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "C-2" Local Retail 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, Case No. Agenda Item Attachment H ZA00-133 7A 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. Agenda Item Attachment H ZA00-133 7A Page 3 amended as shown and described below: Being a portion of Lot 5R1, Parker's Corner; and Tracts 2A3 and 7A, Jessie G. Allen Survey, Abstract No. 18; and being 2.959 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "C-2" Local Retail Commercial District to "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses as depicted on the approved Concept 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 Case No. Agenda Item Attachment H ZA00-133 7A Page 4 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 (WI Case No. Agenda Item Attachment H ZA00-133 7A 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 PASSED AND APPROVED on the 2nd reading the day of , 2001. Case No. Agenda Item Attachment H ZA00-133 7A Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Agenda Item Attachment H ZA00-133 7A Page 7 EXHIBIT "A" Being a portion of Lot 5R1, Parker's Corner, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1858, Plat Records, Tarrant County, Texas; and Tracts 2A3 and 7A, Jessie G. Allen Survey, Abstract No. 18; and being 2.959 acres. Case No. Agenda Item Attachment H ZA00-133 7A Page 8 EXHIBIT "B" W-.% i0l .3s�. SVX31 3WILLrIOS JO 1110 4 I tl3NaOJ S.Omld SMIC '.nowo Ally3u SM3u0 7—T, .0i Nv_w ld3�0 � \ \ t 1. I � t'. 7 2 ti _4 N1, lli;iiz y M I 7 1 N V4 'I C 8 S A V 0 12 J, Case No. Agenda Item Attachment H ZA00-133 7A Page 9 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Agenda Item Attachment H ZA00-133 7A Page 10 City of Southlake Department of Planning STAFF REPORT March 2, 2001 CASE NO: ZA00-140 PROJECT: Proposed Lots 1, 2, & 3, Block A, Cornerstone Plaza REQUEST: Par-3 Properties, L.L.C., is requesting approval of a Rezoning and Concept Plan. ACTION NEEDED: Consider rezoning and concept plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner Letters (H) Ordinance No. 480-357 (I) Blue line copies of plans (for P&Z and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Case No. Agenda Item ZA00-140 7B 0 BACKGROUND INFORMATION OWNER: Par-3 Properties, L.L.C. APPLICANT: Par-3 Properties, L.L.C. PROPERTY SITUATION: On the south side of East Southlake Boulevard (FM 1709) being across from North Nolen Drive and Gateway Plaza. LEGAL DESCRIPTION: Tracts 2, 2A1, 2AIA, 2A1B, 2C, and a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474; Lot 2R2, Block 5, Cornerstone Business Park; and a portion of Crooked Lane right-of-way; and being 9.5543 acres. LAND USE CATEGORY: Retail Commercial; 75 LDN Overlay Corridor CURRENT ZONING: "AG" Agricultural District and "0-1" Office District REQUESTED ZONING: "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses. TRANSPORTATION: Master Thoroughfare Plan The Master Thoroughfare Plan recommend Southlake Boulevard to have 130' of right-of-way and Nolen Drive to be an undivided four (4) lane arterial with 70' of right-of-way. Adequate right-of-way exists for both these roads. Existing Area Road Network and Conditions The proposed site will have two (2) accesses directly on to Southlake Boulevard (F.M. 1709) and one (1) access onto S. Nolen Drive. Crooked Drive will eventually be abandoned. Nolen Drive is a north/south four lane divided roadway that will terminate into Crooked Lane. Nolen Drive will be extended to the north and interesect Southlake Boulevard continuing north to the frontage road of S.H. 114. E. Southlake Boulevard is a five lane, undivided thoroughfare with a continuous, two-way, center left turn lane. The roadway will utilimately be widen to a seven lane roadway. Crooked Lane is a two lane undivided roadway. The segment northeast of the existing portion of Nolen Drive will be abandoned Case No. Agenda Item Attachment A ZA00-140 7B Page 1 �t`> ITITIi j rtlii a ili�il i� i)i lCk i F�.;iti� liC 1�imm a��xai', �i�' 6 'iil ' f • ._ Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT Lot 1 -Shopping Cent. 14,490 622 9 6 26 28 Lot 2-Shopping Cent. 21,650 929 13 9 39 42 Lott-QualityLot2-Quality Rest. 10,000 900 4 4 50 25 Lot 3-Shopping Cent. 15,000 644 9 6 27 29 Lot3-QualityRest. tl1,400 1 1,025 5 4 57 28 Total 172,540 14,120 40 29 199 152 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on Southlake Boulevard. Southlake Boulevard near Crooked Lane carries approximately 43,000 vehicle trips per day with the peak traffic times occurring between 7a.m. and 8 a.m. and 5p.m. and 6p.m. The site will generate 69 vehicle trips during the A.M. rush hour and 351 vehicle trips during the P.M. rush hour. However, it should be noted that that a large percentage of the trips generated by this use will be pass by trips. No reduction has been made to account for these by trips. DRAINAGE: The developer has indicated that the existing drainage channel running north and south through the site will remain in a natural state. A channel analysis has been submitted showing the existing creek and areas of inundation caused by the 100-year storm. The proposed drainage easement is shown approximately 5 feet outside of this inundated area. LiiTKNOW7AN mij_" Site will connect water services to the existing 12" water line along the south side of Southlake Boulevard. An 8" sewer extension is proposed from the north side of Southlake Boulevard. Case No. Agenda Item Attachment A ZA00-140 7B Page 2 ESTIMATED IMPACT FEES*: Water $35,685.89 assumes 6 - 2" simple meters Wastewater $22,238.21 assumes 6 - 2" simple meters Roadway $60,339.65 (assumes sit down Rest. & Shopping Center * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: February 8, 2001; Approved (5-0) subject to Concept Plan Review Summary No. 2 dated February 2, 2001, allowing variances to item #3 (driveways encroaching in bufferyard), #4 (driveway spacing and stacking), and recommending approval of the proposed regulations and uses. P&Z SPEAKERS: In Favor Qualified In Favor-- osed Other 1 I ( COUNCIL ACTION: February 20, 2001; Approved (7-0) First Reading subject to Concept Plan Review Summary No. 2, dated February 2, 2001; adding the deleted uses of: no tires or batteries, no automotive parts, and no drive -through restaurants; also deleting those items as shown in the permitted uses including: auditoriums; theaters; cinemas; conventional golf courses, including outdoor driving ranges accessory thereto; lodges; sororities and/or fraternities; mortuaries; funeral homes and undertakers; and allowing the variances as shown on the application. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated February 2, 2001. Under the "S-P-2" site plan district zoning the applicant proposes the following: • The applicant is requesting that individual lots within the development be permitted to have a maximum of 78.5% impervious coverage so long as all lots combined (total development) does not exceed 76%. Ordinance 480, Sect. 22.5k allows a max. per lot of 75%. • No bufferyards required along lot lines internal to the development. Ordinance 480, Section 42.3 Requires bufferyards along the outer perimeter of all lot or boundary lines. • The applicant also proposes deletion of some "C-3" district uses as noted in Attachment E, Page 1. Variances are requested for the following: • Bufferyard encroachment under provisions of Ordinance 480, Section 42.15. • Driveway Stacking Depth and Spacing under provision of Ordinance 634, Case No. Agenda Item Attachment A ZA00-140 7B Page 3 Section 8. NACommunity Development\WP-FILES\MEMO\2000cases\00-140ZC.doe Case No. Agenda Item Attachment A ZA00-140 7B Page 4 Vicinity Map Cornerstone Plaza NORTH WESTEST KWyP EAST 1000 0 1000 2000 3000 Feet W Case No. ZA00-140 N S Agenda Item 7B E Attachment B Page 1 Case No. ZA00-140 s 100Z Z 7, N V 1 CLJIJ Q 8 ! t tHI�Eq a `a�:�a Z j t • W N UN li it �'Y z ^� NaO�o D ow ga E VIZ` �a t� a 0 9`e i fili • prrn i g �a a9# a ' a !a x :� • ; r I '• Y{ rlry�f Y{, !_f Y A■ � t Yf� �� . Z 8" I' N\'� al- �� ; a o Yii!!➢ f6lf ege 9 e ►. 4 d i�z ida Item Attachment C 70 Page 1 Idror . *aui 'sjue7insuoj y sjaaut6u3 Uror 1002 VO:ZE M 61 uer 1ij 9M0'NVId-1d33No3-Z-L6i\2-151\LS1\0002\rmduror\'N CONCEPT PLAN REVIEW SUMMARY Pagel of 3 Case No.: ZA00-140 Review No.: Two Date of Review: 02/02/01 Project Name: Concept Plan - Cornerstone Plaza APPLICANT: Par 3 Properties 2810 Market Loop Ste. 100 Southlake, Texas 76092 Phone :(817) 999-5336 Fax : (817) 416-0024 — Attn: Max Krugler SURVEYOR/ENGINEER: JDJR 2505 Texas Drive, Ste. 109 Irving, Texas 75062 Phone : (972) 252-5357 Fax :(972)273-8860 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/22/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-2073. PROPOSED DEVELOPMENT REGULATIONS 1. The applicant is requesting that individual lots within the development be permitted to have a maximum of 78.5% impervious coverage so long as all lots combined (total development) does not exceed 76%. Ordinance 480, Sect. 22.5k allows a max. per lot of 75%. 2. The applicant proposes no bufferyards along lot lines internal to the development. Bufferyards shall be located within and along the outer perimeter of a lot or boundary line. BUFFERYARD & LANDSCAPE 3. Pavements and internal driveways cannot encroach into a bufferyard. The driveway and parking located in the north part of Lot 1 and 2 is encroaching the 20' Type `O' bufferyard adjacent to Southlake Boulevard. (Variance Requested) Parking lot landscape islands must be a minimum of 12' wide and equal in depth to the parking stall. Also insure that 50% of all building floor area is allocated for interior landscape within each lot. 75% of the required area must be at the front and sides of the building. It appears that the requirement should be attainable. However, preliminary measurements show that some islands may be too small to count towards credit. In some areas the applicant may desire to combine parking islands to create a larger planting area and address tree preservation where site grading is not a factor. Please make sure the parking lot landscape area requirements are met on future site plans. Case No. ZA00-140 Agenda Item 8B Attachment D Page 1 A M Page 2 of 3 DRIVEWAYS 4. The following changes are needed with regard to driveways: a. A minimum of 500' of spacing is required between a driveway centerline and an intersection along Southlake Boulevard. Driveway B is approximately 437' from the intersection of S. Nolen Drive. (Variance Requested) b. A minimum of 500' is required between full access driveways intersecting Southlake Boulevard. There is approximately 354' between Drives B and C. (Variance Requested) A minimum of 100' of driveway stacking depth is required. Driveway A has approximately 75' of stacking depth. (Variance Requested) GENERAL COMMENTS 5. Clearly show the drainage easement on the south side of lot 3. No pavements or structures may impede flow of storm water in the drainage easement. Encroachment on the drainage easement by any structure must be approved by the City Engineer. INFORMATIONAL COMMENTS: This review is based on the "C-3" Zoning District Regulations. * The applicant should be aware that prior to issuance of a building permit a revised preliminary plat followed by a plat revision or partial plat vacation and final plat must be processed and filed in the County Plat Records. An abandonment ordinance for Crooked Lane will also be require. A site plan for each building site must be processed and approved. A fully corrected site plan, landscape, irrigation and building plans must be submitted to the building department and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Impact and Tap Fees, and related Permit Fees. An Abandonment Ordinance and Quit Claim must be approved and filed of record in the County Deed Records prior to filing a Final Plat on this property. All issues regarding Crooked Lane abandonment should be resolved prior to submission of Site Plans or Final Plats on this property. It is strongly recommended that approval of the Abandonment Ordinance be received prior to submission of any of these applications. * This site fall 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 H. 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 Case No. ZA00-140 Agenda Item 811 Attachment D Page 2 Page 3 of 3 Zoning Commission and the 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. Case No. Agenda Item ZA00-140 8B Attachment D Page 3 Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 12 - 18 - 00 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by eithe the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. SITE PLAN / LANDSCAPE COMMENTS: Please correct the required North bufferyard to reflect a 20'-0 type bufferyard as required by the Corridor Overlay, and Section 42 Bufferyards of the Zoning Ordinance. 2. PARKING LOT LANDSCAPE AREA REQUIREMENTS: The parking lot landscape area requirements shall be as follows based on the percentage of parking located between the building fagade and the R.O.W.. Less than 25% = 15 sq. ft. per parking stall_ 25% - 75% = 20 sq. ft. per parking stall Greater than 75% = 30 sq. ft. per parking stall Each row of parking stalls shall provide the required landscape area; however, it shall be the applicant's right to place the islands near the buildings, throughout the parking, or at the end of the rows away from the building. The Landscape Administrator may modify the island requirement for each row in situations where it would appear beneficial to combine an awkward or hazardous island into a larger island within the parking area. Planter islands shall have a minimum width of 12' back-to-back if curbed or 13' edge -to -edge if no curb is intended, and shall be equal to the length of the parking stall. Parking lot landscape areas do count towards the total required interior landscape area. TREE PRESERVATION COMMENTS: * Please see attached Tree Preservation Analysis. Case No. ZA00-140 BUILDING INSPECTIONS Agenda Item 18 Attachment D Page 4 TREE PRESERVATION ANALYSIS (Non -Residential Development) Case: 00-140 Date of Review: 12 — 28 - 00 Number of Pages: 1 Project Name: Cornerstone Plaza (Rezoning / Concept Plan) OWNER \ DEVELOPER Par-3 Properties, LLC (Max Krualer 2810 Market Loop, Suite 100 Southlake, TX 76092 Phone: (817) 329-1635 Fax: PREPARED BY: JDJR Engineers and Consultants, Inc. 2506 Texas Drive, Suite 109 Irving, TX 75062 Phone: (972) 252-5367 Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. A Tree Survey was not submitted with the Concept Plan submittal. An aerial photograph was submitted that meets the requirements of the Tree Preservation Ordinance. After discussing the requirements with the applicant, he has agreed to submit a Tree Survey of the perimeter areas and interior drainage area and green space when or if a Site Plan is submitted. 2. The most crucial areas of tree preservation on the development site will be within the perimeter landscape and bufferyard areas, and within the drainage easement area between lots 2 and 3. Since mass grading will need to occur on the interior of the site it would be extremely difficult to preserve existing trees within that area. Since an engineered Grading Plan has not been submitted, any possible mitigation cannot be determined at this time. * Non-residential Development: In a non-residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Ordinance, but not to the tree replacement requirements listed in Section 7 of the Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. BUILDING INSPECTIONS Case No. Agenda Item Attachment D ZA00-140 'j $ Page 5 THE CADDY COMPANY TEL:817-488-7205 Mar-01,01 14:59 No.002`YP.02 CORNERSTONE PLAZA USE AND DEVELOPMENT REGULATIONS FOR "S-P-2" ZONING PERMITTED USES This site shall permit all "C-3" General Commercial District uses according to Zoning Ordinance No. 480. Section 22, with the exception of the following deleted uses: 1. Auditoriums, theaters and cinemas; 2. Conventional golf courses, including outdoor driving ranges accessory thereto; 3. Lodges, sororities and / or fraternities; 4. Mortuaries, funeral homes and undertakers; 5. Retail stores with primary product lines including automotive tires and/or automotive batteries, automotive accessories (not to delete automotive electronic components) and service stations; e. Drive -through fast-food estabgshments. DEVELOPMENT REGULATIONS' This property shall be subject to the development regulations of the "C-3" General Commercial District, Section 22 of Zoning Ordinance No. 480, as amended, and all other applicable regulations of Zoning Ordinance No. 480, as amended, with the following exceptions: 1. Maximum impervious coverage required: 76%; Provided: 78.5% on a per lot basis, provided the overall site does not exceed 76%; 2. Bufferyards along lot lines internal to the development shall not be required. Case No. Agenda Item Attachment E ZAOO-140 7B Page 1 January 18, 2001 City of Southlake Planning Department 1400 Main Street Southlake, Texas 76092 Attention: Dennis Killough, Senior Planner Re: ZA00-140 — Concept Plan Variance Request — Bufferyard encroachment Mr. Killough: We respectfully request a variance for an encroachment into the required type " O" bufferyard (20 foot minimum) along Southlake Boulevard. This variance is requested due the irregular configuration of the right-of-way line of Southlake Boulevard in the area of the encroachment. This irregular configuration results in surplus parkway along Southlake Boulevard. There is an average of 60 feet of surplus parkway along this frontage resulting in an "effective" bufferyard (including the requested encroachment) of at least 70 feet. Sincerely, d`�?C Zax 4Kruggler k4/C Par-3 Properties, LLC Case No. Agenda Item Attachment E ZA00-140 Page 2 January 18, 2001 City of Southlake Planning Department 1400 Main Street Southlake, Texas 76092 Attention: Dennis Killough, Senior Planner Re: ZA00-140 — Concept Plan Variance Request — Driveway spacing Mr. Killough: We respectfully request two variances to the driveway spacing requirements of the driveway ordinance. The variance requests are as follows: I. A 63 foot (approximately) variance to the required 500 foot spacing between the centerline of Driveway B and the intersection of the proposed South Nolen Drive extension. This variance request is made so the proposed Driveway B aligns with a proposed driveway on the north side of Southlake Boulevard. 2. A 146 foot (approximately) variance to the required 500 foot spacing between Driveway B and Driveway C. This variance request is made so both proposed Driveway B and Driveway C aligns with a proposed driveways on the north side of Southlake Boulevard. Sincerely, Max 4Krugr Par-3 Properties, LLC Case No. ZA00-140 Agenda Item *7B 0 0 N z w Attachment E Page 3 January 18, 2001 City of Southlake Planning Department 1400 Main Street Southlake, Texas 76092 Attention: Dennis Killough Senior Planner Re: ZA00-140 — Concept Plan Variance Request — Driveway stacking Mr. Killough: We respectfully request a variance to the driveway stacking requirements in the driveway ordinance. We request that the minimum stacking distance for Driveway A be 75 feet instead lkiiw of the required 100 foot minimum. The requested variance is mitigated by the additional ingress stacking depth provided by the approved left turn lane to be constructed in South Nolen Drive. 1A Sincerely, Max 4Krugl Par-3 Properties, LLC Case No. ZA00-140 Agenda Item -16 -T- O CZ) CV GI2 c; ct. Attachment E Page 4 Surrounding Property Owners Cornerstone Plaza Property Owner Zoning Land Use Description 1. Hong, Chung-Cheng Etux A 1. S-P-2 1. Mixed Use 2. Harrell, Glen Scott Etal 2. S-P-2 2. Mixed Use 3. Perry, Donald Etux Martha 3. S-P-2 3. Mixed Use 4. Woodside, Gregory P Etux L 4. S-P-2 4. Mixed Use 5. State of Texas 5. 5. 6. Wyndham Properties Ltd 6. S-P-2 6. Mixed Use 7. Caddy Property Managemen 7. S-P-2 7. Retail Commercial 8. Shurgard/Fremont Partners 8. S-P-2 8. Industrial 9. Cornerstone Business Park 9. I-1 9. Industrial 10. Cornerstone Business Park 10. 0-1 10. Industrial 11. Cornerstone Business Park 11.0-1 11. Office Commercial 12. White, E C Etux Zada 12. AG 12. Low Density Residential 13. Williams, Roger Glenn 13. AG 13. Low Density Residential 14. Shanklin, Harold D & Richai 14. AG 14. Retail Commercial Case No. Agenda Item ZA00-140 711 Acreage 1. 3 2. 4.86 3. 2.99 4. 1.61 5. 1.24 6. 34.08 7. 1.95 8. 4.57 9. 1.58 10. 2.57 11. 1.56 12. 16.96 13. 5.93 14. 6.79 Attachment F Page 1 Surrounding Property Owner Responses Cornerstone Plaza NOTICES SENT: 16 RESPONSES: Five responses were received from within the 200' notification area: • Roger G. Williams, 538 Oak Hills Drive, Newark, TX, in favor. (Received February 1, 2001.) • Chung Cheng Hong, 640 107`h Street, Arlington, TX, in favor. (Received February 1, 2001.) • Dick Shanklin, 2627 E. Southlake Boulevard, Southlake, TX, in favor. (Received February 2, 2001) • E. C. White, Box 465, Whiteface, TX, "very much in favor". (Received February 6, 2001) • Robert Duppstadt, 2810 Market Loop #100, Southlake, TX, in favor. (Received February 6, 2001) One response was received from the SPIN 7 Representative, Darrell Faglie. See attached letter. Case No. Agenda Item Attachment G ZA00-140 7B Page 1 7 February 2001 Darrell Faglie SPIN 7 REPRESENTATIVE City Of Southlake 1400 Main Street Southlake, TX 76092 Dear Planning & Zoning Commissioners: The Cornerstone Plaza / S. Nolen Drive Project was presented at a City-wide SPIN Meeting held 8 January 2001. Approximately 20 people attended this meeting, at which the construction of S. Nolen Drive, the abandonment of Crooked Lane from S. Nolen Drive to F.M. 1709, and the Cornerstone Plaza proposed Concept Plan were presented and discussed. No negative comments were expressed and no concerns were raised. The majority of the citizens present demonstrated overall receptiveness to these projects. Respectfully, tw (��3 Darrell Faglie Case No. Agenda Item Attachment G ZA00-140 `jB Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-357 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 2, 2A1, 2A1A, 2A1B, 2C, AND A PORTION OF TRACT 2A2A, THOMAS EASTER SURVEY, ABSTRACT NO. 474; LOT 2R2, BLOCK 5, CORNERSTONE BUSINESS PARK; AND A PORTION OF CROOKED LANE RIGHT-O&WAY; AND BEING 9.5543 ACRES; AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "0-1" OFFICE DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES 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 X1, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and Case No. Agenda Item Attachment H ZA00-140 7B Page 1 general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "0-1" Office 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. Agenda Item Attachment H ZA00-140 7B 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. Agenda Item Attachment H ZA00-140 7B Page 3 amended as shown and described below: Tracts 2, 2A1, 2AlA, 2A1B, 2C, and a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474; Lot 2R2, Block 5, Cornerstone Business Park; and a portion of Crooked Lane right-of-way; and being 9.5543 acres; and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "O-1" Office District to "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses as depicted on the approved Concept 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 Case No. Agenda Item Attachment H ZA00-140 711 Page 4 community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued Case No. Agenda Item Attachment H ZA00-140 7B Page 5 violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. Case No. Agenda Item Attachment H ZA00-140 7B Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Agenda Item Attachment H ZA00-140 7B Page 7 EXHIBIT "A" Being Tracts 2, 2A1, 2AIA, 2A1B, 2C, and a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474; Lot 2R2, Block 5, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 6339, Plat Records, Tarrant County, Texas; and a portion of Crooked Lane right-of-way; and being 9.5543 acres. Case No. Agenda Item Attachment H ZA00-140 7B Page 8 0.14:1 I.T11100.1 . J-" V, If U, Case No. Agenda Item Attachment H ZA00-140 7B Page 9 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Agenda Item Attachment H ZA00-140 7B Page 10 City of Southlake Department of Planning STAFF REPORT March 2, 2001 CASE NO: ZA00-127 PROJECT: Big Bowl Restaurant Attached is a letter from the applicant requesting to table this item to the March 20, 2001, City Council meeting. NACommunity Deve►opment\WP-FILES\MEMC\2000cases\00-12'SP.doc Case No. ZA00-127 Agenda Item 7C Feb-26-01 03:04om From -Brinker Int 872 TTO 8856 T-883 P 002/002 F-410 B R I N K E R cbtuary 23, 2001 De=s Killourgh City J. Soutb.lake Suite 310 1400Main Sweet Southiakc, Texas '76092 Rcfcrence: Big Dow! Restaurant Gateway Plaza Phase rl Ciry Case 4 ZA-00-127 ^, Case a ZA-01-005 Dear Dennis: 6750 LBJ rrwy. Suite 1100 DaLas, TX 74240 972.-1, 09155 Per our phone conv=sabot last wcck, please counnuc our application for final site plan approval ai,,d our Specific Use Permit (SUP) application to the March 20, 2001 City Council hearing. I will be out of town on Marcli G' and will not be able to present our case. Should you have any questions, or need any additional infbmiadcn please let me , Ow. Brinker International, I Dougl. s J. Colo Prop . y DevTopmcat 'Vfuiagcr Terry Wi11aa_on - 'Wyndham Prooerries ^ RED FEB262U 1 4 10 City of Southlake Department of Planning STAFF REPORT March 2, 2001 CASE NO: ZA01-005 PROJECT: Sale of alcoholic beverages for on -premise consumption Attached is a letter from the applicant requesting to table this item to the March 20, 2001, City Council meeting. Case No. ZA01-005 Agenda Item 71) . w Feb-26-01 03:04.am :rOM-Srinksr Int 972 770 8856 T-983 P 002/002 F-4!0 BRINK ER p I i�l'i,fTiC`i 1',, 6750 LBJ rrwv. Suite 1100 Da','as, TX 52-40 972.7 7 0. 9141 5 cbrua~y 23, 2001 Den--,s Killough Cir•• o' Southlake Sutler 3:0 1400 Mam Street Sou:hlakc, Texas 76092 RcfcrcncBig Bowl Restaurant Gateway Plaza Phase IT Citv Case # ZA-00-127 Cirj Case u ZA-01-005 Dear Dennis: Per our phone conversation last week, please coutinue our application for final site plan approval and ou: Specific Use Permit (SLT) application to the March 20, 2001 City COUneil I.lear io;. I w L be out of town on March 6' and will not be able to present our case. Shot::d you have any questions, or need any additional infur=tion please let me know. Suic_..v, Brtnicc lnternationa I Doug:. J. Co' Propc4y Deiopm=t Manager :c Terry Wilkin_cn - Wyndham Properties RECD F t U City of Southlake Department of Planning STAFF REPORT March 2, 2001 CASE NO: ZA00-137 PROJECT: Proposed Lot 4, Block 1, Richards Addition REQUEST: Kris Mehta is requesting site plan approval for Proposed Lot 4, Block 1, Richards Addition. ACTION NEEDED: 1. Conduct public hearing. 2. Consider 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) Neighboring Property Owner Letters (G) Blue line copies of plans (for P&Z and Council Members Only) STAFF CONTACT: Ken Baker (481-2046) Case No. ZA00-137 Agenda Item 7E OWNER: APPLICANT: BACKGROUND INFORMATION Kris Mehta Kris Mehta PROPERTY SITUATION: The property is located on the south side of East Southlake Boulevard (F.M. 1709) approximately 390' west of Byron Nelson Parkway. HISTORY: February 6, 2001-ZA 00-121- Concept Plan Approved LEGAL DESCRIPTION: Lot 4, Block 1-Richards Addition. A portion of Tract 5D1, O. W. Knight Survey, Abstract No. 899; and being approximately 1.0 acre. LAND USE CATEGORY: Office Commercial CURRENT ZONING: "S-P-2" Generalized Site Plan District with "0-1" Office District uses. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends that Southlake Boulevard have 130' of right-of-way (R.O.W.). Currently 130' R.O.W. exists. Current plans of the Texas Department of Transportation (TxDOT) are to re -stripe F.M. 1709 from a five (5) lane to a seven (7) lane undivided roadway once the Traffic Management Bond intersections along F.M. 1709 have been completed. Driveways There are two (2) access points and 39 parking spaces proposed on this site. One (1) access point will be north (Drive D) of the site directly onto Southlake Boulevard; the other access point (Drive C) will be to a common access easement that is located south of the site. The location and stacking depth of the drives were approved as part of the Concept Plan (ZA00-121). The City Council granted a variance to Drive D's stacking depth requirement. The Driveway Ordinance requires 75' of stacking; however, the stacking depth requirement on Drive D was reduced to 4 F to allow the northern internal drive on this site to align with the existing northern internal drive serving the site to the east (Radiology Associates). Case No. Agenda Item Attachment A ZA00-137 7E Page 1 Existing and Future Area Road Network and Conditions Southlake Boulevard-F.M. 1709 F.M. 1709 is currently a 5-lane undivided east -west roadway. Southlake Boulevard carries 48,469 vehicle trips per day between White's Chapel Boulevard and Byron Nelson Parkway. During the A.M. Peak, this road carries 3,240 vehicles while the P.M. carries a total of 3,918 vehicles (See Table # 1). Table #1 �viay, 20t�" - c coon 24hr West Bound 25,786 East Bound (EB) (22 683 WB Peak A.M. 1,214 7a.m-8a.m. Peak P.M. (2,636) 5 .m.-6 p.m. EB Peak A.M. 2,02 7a.m-8a.m Peak P.M. 1282 3 .m.- 4 .m Byron Nelson Parkway Byron Nelson Parkway is a four (4) lane divided arterial. Byron Nelson carries 5,326 vehicles per day between Southlake Boulevard and Continental Boulevard. No improvements are planned for this roadway (See Table #2). Table #2 a 24hr North Bound (2,358) South Bound (SB) (2 68 NB Peak A.M. 275 7a.m-8a.m. Peak P.M. 19 6 .m.-7 p.m. SB Peak A.M. 230 7a.m-8a.m Peak P.M. 254 5 .m.- 6 .m Future Parkwood Drive: The City Council at its February 1, 2000 meeting approved a motion that Parkwood Drive would be constructed approximately 350' south of Southlake Boulevard and terminate. The new road would not connect with the existing Parkwood Drive. This eliminates the potential of cut -through traffic. In addition, the Senior Center parking lot will not have access to this new roadway. Instead, the Senior Center will continue to access the current Parkwood Drive that is located just north of Northwood Park (Timarron). Traffic Impact According to the ITE Trip Generation Manual, this site is projected to generate 397 trips per day. The estimated trip generation is indicated on the next page (See Table #3). Table #3 Case No. Agenda Item Attachment A ZA00-137 7E Page 2 Tahle #3 Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT Lot 4-Office 10,000 397 30 27 140 27 *Vehicle Trips Per Day The AM/PM times represent the number of vehicle trips generated during the peak travel times on Southlake Boulevard. SOURCE (Table #3): ITE Trip Generation Manual-6 h Edition The peak times on E. Southlake Blvd occur between 7 a.m.-8 a.m. and 5 p.m.- 6 p.m. The site will generate 57 vehicle trips during the A.M. rush hour and 67 vehicle trips during the P.M. rush hour. Master Trail Plan: The Master Trail Plan recommends an eight (8') foot trail along Southlake Boulevard. The applicant has indicated an eight (8') foot trail on the site plan. WATER AND SEWER: A 20" and 12" waterline exist along Southlake Boulevard. A 12" sanitary sewer exists along Southlake Boulevard. Both systems have adequate capacity to serve the site. ESTIMATED IMPACT FEES*: P&Z ACTION P&Z SPEAKERS: STAFF COMMENTS: The impact fees are estimated below (See Table #4) Tah1P #d Water $3,717.28 assumes a 2-l" simple meter Wastewater $1,158.24 assumes a 2-1" simple meter Roadway $8,031.60 assumes general office * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. February 22, 2001; Approved (6-0) subject to Site Plan Review Summary No. 3, dated February 6, 2001. None. Attached is Site Plan Review Summary No. 3, dated February 16, 2001. No variances are being requested. Informational Comments: * The common access easement located along the southern portion Case No. Agenda Item Attachment A ZA00-137 7E Page 3 of the site must be built to City standards. Also, the applicant must obtain the necessary R.O.W. for the common access easement from the City. NACommunity Development\WP-FILES\MEMO\2000cases\00-137SP.doc Case No. Agenda Item Attachment A ZA00-137 7E Page 2 Case No. ZA00-137 Vicinity Map Richards Addition 1000 0 1000 2000 3000 Feet ON W E S Agenda Item 7E Attachment B Page 1 Z ■� �ypyp G-q 1 F o moo F t�rZ 2 ame a. m w Li .a ? F I pill lj g pla 1111., lk �aEF� I� F II I� _ =1 � =r! =h _'' I 911 z Q J a. a. W U z O U 0 W O Ia. Q } J D O w Q 12 Case No. Agenda Item Attachment C ZA00-137 715 Page 1 J Case'Ns.. ZA00-137 7E �—s O X1 =L ■F. CQLLJ L i _9g x I a 8 E)2.■ Nil116 G I% ga t e 9 i or w 0 h <<y F $Y F it !lent C Page 2 socat �onaro F— LL. 0 vp a Z u 3i 3 F � W CL U 2 0 0 N `e o« LO +" 4- o pt W" b a Case No. Agenda Item Attachment C ZA00-137 7E Page 3 A Case No.: ZA00-137 SITE PLAN REVIEW SUMMARY Review No.: Three Name: Site Plan — Lot 4, Block 1— Richards Addition APPLICANT: Kris Mehta Date of Review: 02/06/01 ARCHITECT: Truitt Construction Services 2900 Gunnison Trail Ray Truitt Fort Worth, TX 76116 2022 West Northwest Highway, Suite 120 Grapevine, TX 76051 Phone: 817-560-9600 / 972-517-4882 Phone:817-424-3286 Fax: Fax: 817-251-0171 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/05/01 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 KEN BAKER AT (817) 481-2046 OR BEN BRYNER AT (R 17) 4R 1-20R6_ General Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency N/A Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y See informational comments Driveways Y Variance approved on Concept Plan Lighting Y See informational comments NOTE: On February 6, 2001, the City Council Approved ZA00-121, Concept Plan for Richards Addition (See Attachment C, p.1). The location and stacking depth of the driveways as shown on this site plan were approved as part of the Concept Plan. The City Council granted a variance to Drive D's stacking depth requirement. The Driveway Ordinance requires 75' of stacking; however, the stacking depth requirement on Drive D was reduced to 41' to allow the northern internal drive on site to align with the existing northern internal drive serving the site to the east (Radiology Associates). 1. No variances are being requested. Case No. ZA 00-137 Agenda Item 75; Attachment D Page 1 2. Mechanical equipment shall be screened such that it is not visible from F.M. 1709 and any adjacent public R.O.W. INFORMATIONAL COMMENTS: * The common access easement located along the southern portion of the site must be built to City standards. Also, the applicant must obtain the necessary R.O.W. for the common access easement from the City. Parkwood Drive -The City Council at its February 1, 1999 meeting approved a motion that would abandon a portion of Parkwood Drive between the existing end (at the Senior Center) and a point approximately 350' south of F.M. 1709. Also, the common access easement that is located along the northern property line of the City owned property (lot 1, block 1), shall extend west to Parkwood Drive prior to Site Plan approval on Lot 1. The current driveway configuration at the Senior Center will remain the same. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * A letter of permission from the adjacent property owner(s) on the west must be obtained prior to issuance of a building permit for the construction of the off -site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * 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. * A minimum of 75% of all required interior landscape area and plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required bufferyards. A portion thereof shall be placed adjacent to the building where practical. * This proposal shall adhere to all the regulations of the Lighting Ordinance. * Please escrow funds per Community Services instructions for the construction of the trail. Case No. Agenda Item Attachment D ZA 00-137 7 1�- Page 2 Surrounding Property Owners Richards Addition Property Owner 1. K Stevenson 2. J. Holt 3. Southern Home Realty 4. Nelson/Southlake Blvd JV 5. City of Southlake 6. J. Richards 7. Westerra Timarron Zonine Land Use Description 1. AG 1. Office Commercial 2. C-2 2. Office Commercial 3. C-2 3. Office Commercial 4. S-P-1 4. Office Commercial 5. CS 5. Public/Semi-Public 6. AG 6. Office Commercial 7. AG 7. Office Commercial GKIENex Acreaee 1. 2.47 2. 1.00 3. 1.01 4. 1.95 5. 12.83 6. 2.37 7. 1.95 M Case No. Agenda Item Attachment E ZA00-137 7E Page 1 (41 Surrounding Property Owner Responses Lot 4, Block 1, Richards Addition NOTICES SENT: Eight (8) RESPONSES: One (1) response was received from within the 200' notification area: • Robert Stevenson, 2113 Taxco, Carrollton, TX, in favor, "This will be an attractive addition to the community and a beneficial addition to the tax base." (Received February 15, 2001). Case No. Agenda Item Attachment F ZA00-137 7E Page 1 City of Southlake Department of Planning STAFF REPORT March 2, 2001 CASE NO: ZA00-142 PROJECT: Garden View Office Park REQUEST: On behalf of owner David Vincent, J. Bolton & Associates is requesting site plan approval for a Site Plan for Garden View Office Park. ACTION NEEDED: 1. Conduct Public Hearing. 2. Consider Site Plan. 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 (G) Neighboring Property Owner Letters (H) Blue line copies of plans (for P&Z and Council Members Only) STAFF CONTACT: Ken Baker (481-2046) Case No. ZA00-142 Agenda Item 7F BACKGROUND INFORMATION OWNER: David Vincent APPLICANT: J. Bolton & Associates PROPERTY SITUATION: On the southwest corner of North Carroll Avenue and Lake Wood Drive. HISTORY: July 1980-Final Plat Approved by City Council. LEGAL DESCRIPTION: Lot 1, Lake Wood Acres Addition, and being 1.215 acres. LAND USE CATEGORY: Office Commercial CURRENT ZONING: "O-1" Office District TRANSPORTATION ASSESSMENT: Thoroughfare Plan The Master Thoroughfare Plan recommends that Carroll Avenue be a divided four (4) lane arterial and have 100' if right-of-way (R.O.W.) The site plan indicates that adequate R.O.W. has been dedicated. Existing Area Road Network Carroll Avenue between S.H. 114 and Town Square is a two (2) lane undivided roadway. From Town Square south to F.M. 1709, Carroll Avenue is a four (4) lane divided roadway. Carroll Avenue is two (2) lanes along the frontage of the subject property. The proposed site will have one (1) direct access onto Carroll Avenue. The applicant has indicated on the site plan that if needed this drive can also function as a possible future common access drive to serve the 0-1 zoned property directly to the south. Traffic Impact Carroll Avenue currently carries approximately 5,141 vehicles every day between E. Southlake Blvd. and S.H. 114. During the A.M. peak, this road carries 475 vehicles per hour while the P.M. peak carries 469 vehicles per hour (See Table #1). Case No. Agenda Item Attachment A ZA00-142 7F Page 1 Table #1 May, 2000 traffic counts on Carroll Avenue (between F.M. 1709 & S.H. 114): 24hr North Bound 2,926 South Bound (SB) (2,215 NB Peak A.M. 250 8 a.m.-9 a.m. Peak P.M. 253 12 .m.-1 p.m. SB Peak A.M. 225 8 a.m.-9 a.m. Peak P.M. 216 3 .m.-4 p.m. According to the ITE Trip Generation Manual, this site will create 145 vehicle trips per day. The traffic impact from this site is projected below (See Table #2): Table #2 Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT General Office 13,200 145 1 19 2 12 18 *Vehicle Trips Per Day The AM/PM times represent the number of vehicle trips generated during the peak travel times on Carroll Avenue. SOURCE (Table #2): ITE Trip Generation Manual-6`h Edition WATER AND SEWER: The site will be served by a 6" existing sanitary sewer along Carroll Avenue and a 6" existing waterline along Carroll Avenue. Both facilities have capacity to serve this site. ESTIMATED IMPACT FEES*: The impact fees are estimated below (See Table #3) Table #3 Water Meter size not indicated on Utility Plan Wastewater Meter size not indicated on Utility Plan Roadwa $10,441.08(general office bldg.) * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: February 22, 2001; Approved (6-0) subject to Site Plan Review Summary No. 3, dated February 6, 2001, and to allow the articulation and parking variances as requested; to require the applicant to address the dumpster location before the City Council meeting; to require the applicant to consider variations of fencing for the west side and to work with the neighbors; and to require the applicant to explore alternatives to the metal roof materials. Case No. Agenda Item Attachment A ZA00-142 7F Page 2 P&Z SPEAKERS: In Favor Qualified In Favor Opposed Other STAFF COMMENTS: Attached is Site Plan Review Summary No. 4, dated February 28, 2001. The following variances have been requested. Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended: The south fagade does not meet vertical articulation requirements (See Attached Articulation Evaluation #3) A variance has been requested per Section 43.13(k). 2. Trash receptacles per §43.13.g, Ordinance 480, as amended. No trash receptacle shall be located within 50' of single family residential property. The dumpster is located 20' from theeastern property line. A variance has been requested per Section 43.13(k). Site Plan Submitted to Planning and Zoning Commission (See Attachment C-Page 1) The Site Plan submitted to the Planning and Zoning Commission at its February 22, 2001 had three variance requests: 1) allow the location of the dumpster less than 50' from the residential lot line; 2) waive the horizontal and vertical articulation requirements on the south side of the building; and 3) allow a 101io parking reduction (See Attachment C-Page #1-Site Plan submitted to the P&Z). The Planning and Zoning Commission approved the site plan on the condition that the applicant address the following prior to the City Council public hearing: 1) dumpster location; 2) consider variations of fencing for the west side based on the neighbor's (Roy Bowers, 1025 Lake Wood Drive) desire to have a vegetative screening versus a stockade fence; and 3) alternatives to the metal roof materials. Also, though not part of the Planning and Zoning Commission motion, a concern was raised that a reduction in parking by 10% may result in cars parking on Lake Wood Drive during peak times. Revised Site Plan (See Attachment C-Page 2) Dumpster and Screening of West Property Boundary: The applicant has met with Mr. Bowers and has agreed to provide 25' of vegetative screening along the west property. Mr. Bowers has provided staff with a written statement that he approves of the site plan with the dumpster location approximately 20' from his property line and the vegetative screening along his property line (See Attachment G-page 1). In addition, the applicant has prepared an option "A" site plan which shows the dumpster location in compliance with the ordinance (Attachment C-page 3). The applicant has indicated a willingness to locate the dumpster in a location that adheres to the ordinance; however, the applicant prefers the dumpster location at the rear of the lot due to aesthetic reasons. Parking: The revised site plan indicates parking spaces 49 spaces (44 spaces indicated on previous site plan) which is in compliance with the regulations of the Zoning Ordinance (See Attachment C- Page 2). Articulation -South Side: The south facade now meets the horizontal articulation requirements but the applicant is still requesting a variance for vertical articulation (See Attachment C-Page 2). Case No. Agenda Item Attachment A ZA00-142 7F Page 3 Roof Material: The applicant has agreed to change the metal roofing material to a composition roofing material if City Council desires. Both roofing material types are allowed by ordinance. v:\Community Development\WP-FILES\MEMO\2000cases\00-142SP.doc Case No. Agenda Item Attachment A ZA00-142 7F Page Ll Vicinity Map Garden View Office Park �\ m FLCT HIGNI ANp CT CARRI INTERMEDIATE & cPRRp�I. �� scHodL �R�CE MILNER 114 \ � i �V \, �\ ac tlCT� OVA PIP G �� P � I boa 9l� Arl I CITY HALL ��8---�I_.T� \ /^ i Q J Q PR09PECT TREET\ `\ \ — �- -NAIN ST < 1MIN 9! 1000 0 1000 2000 3000 Feet N W Case No. ZA00-142 S Agenda Item 7F Attachment B Page 1 !Ii � CT jt 64N E L xw4 0 i 1• � � r ° �i�i� W ,`� 1 tla� Ao a A� ram' \� a(1NHAY I10HHYo Ht NON 099yj 80 tovA oA !Alva Ao '710 .0.201 t � a \ MI 1nt� O lal �l .YY ---------- _----- . y-----afl w ■ "A i a�. 1 y Y j `qv �� •Qrt 'sure .or wI I „ 0 0 IIj_ gp p Case No. da Item ZAOO-142��= r�F t fi O N e 1 a lr M w J N ■ o 1 rn L M ■ r O ■ i O r M ■ ■ ■ P s .r �Zr~ ■ I I ~ w r. 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QOQ F e Y FI e pao neoFy nse q3 IIIr9yyy 1 i r AA r 00 Fr AAMLAMJLA : O �. 1 woA Arw wwA FFF tr.it i- � .. ■ rwe woo raw FF pOFAO .'1F+O i:7FM0 -Lis,] n I T/� �yFye,, I w le A I+ w Is vl ■Mt �OYe�OMa� 00 e•F< sor �o»w �wD-ririmw�.rlr � t e ' c3 r •4 oow oow •wow � � � r4A +Arta mAAF4•-AAFr' I v�< - I� u 'Sr u NUD j 6 x I eF 31 ' - �i•icli: Jli�: •i ^ _ r r ilii2iiS LC. - W I I W A O r a I I I, Z an n g 3AIQ0 133N 01 3AIQ0 30 l-J N031 ii.i ' VI Q Z is O O a I t` b yF m x y b 9 . 5zC .1 3 I �Y�.f9•� hment C Page 3 _ • ■■I J■ ■■■I ■■ ■c.z- Fm ■w11 ■■ ■►.--r < ■ ■%S 1 [ ■ L, ■4.�.1 T 1 ram - �. _ ■I �"■ r.� a ■IG�� •� Y ICI -� _ _ .W■■, ■■■i 1 r. -- ICI ------ Nff III - 1= CC Agenda JITim"MINI SITE PLAN REVIEW SUMMARY Case No.: ZA00-142 Review No.: Four Date of Review: 02/28/01 Project Name: Site Plan -Garden View Office Park APPLICANT: Jonathan Bolton ARCHITECT: same 365 Miron Suite B Southlake, TX Phone: 817-251-9393 Phone: Fax: 817-906-1339 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/27/01 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 KEN BAKER AT (817) 481-2046. General Development Standards Applies Comments Corridor Overlay Regulations N NA Residential Adjacency Y See comment #1 & 2 Building Articulation Y See comment # 1 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y See informational comments Site Plan Submitted to Planning and Zoning Commission (See Attachment C-Page 11 The Site Plan submitted to the Planning and Zoning Commission at its February 22, 2001 had three variance requests: 1) allow the location of the dumpster less than 50' from the residential lot line; 2) waive the horizontal and vertical articulation requirements on the south side of the building; and 3) allow a 10% parking reduction (See Attachment C-Page #1-Site Plan submitted to the P&Z). The Planning and Zoning Commission approved the site plan on the condition that the applicant address the following prior to the City Council public hearing: 1) dumpster location; 2) consider variations of Case No. ZA 00-142 Agenda Item 7F Attachment D Page 1 fencing for the west side based on the neighbor's (Roy Bowers, 1025 Lake Wood Drive) desire to have a vegetative screening versus a stockade fence; and 3) alternatives to the metal roof materials. Also, though not part of the Planning and Zoning Commission motion, a concern was raised that a reduction in parking by 10% may result in cars parking on Lake Wood Drive during peak times. Revised Site Plan (See Attachment C-Page 2) Dumpster and Screening of West Property Boundary: The applicant has met with Mr. Bowers and has agreed to provide 25' of vegetative screening along the west property. Mr. Bowers has provided staff with a written statement that he approves of the site plan with the dumpster location approximately 20' from his property line and the vegetative screening along his property line (See Attachment G-page 1). In addition, the applicant has prepared an option "A" site plan which shows the dumpster location in compliance with the ordinance (Attachment C-page 3). The applicant has indicated a willingness to locate the dumpster in a location that adheres to the ordinance; however, the applicant prefers the dumpster location at the rear of the lot due to aesthetic reasons. Parking: The revised site plan indicates parking spaces 49 spaces (44 spaces indicated on previous site plan) which is in compliance with the regulations of the Zoning Ordinance (See Attachment C- Page 2). Articulation -South Side: The south fagade now meets the horizontal articulation requirements but the applicant is still requesting a variance for vertical articulation (See Attachment C-Page 2). Roof Material: The applicant has agreed to change the metal roofing material to a composition roofing material if City Council desires. Both roofing material types are allowed by ordinance. SITE REVIEW COMMENTS Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended: The south facade does not meet vertical articulation requirements (See Attached Articulation Evaluation #3) A variance has been requested per Section 43.13(k). 2. Trash receptacles per §43.13.g, Ordinance 480, as amended. No trash receptacle shall be located within 50' of single family residential property. The dumpster is located 20' from the eastern property line. A variance has been requested per Section 43.13(k). 3. Mechanical equipment shall not be visible from Carroll Avenue, Lakewood Drive or any residential property. INFOIUVIATIONAL COMMENTS: * 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 may lie within the 65 or 75 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. Case No. Agenda Item Attachment D ZA 00-142 7F Page 2 * 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, Roadway Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Exterior lighting must comply with the lighting ordinance. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment * This proposal shall adhere to all the regulations of the Lighting Ordinance. att: cc: NACOMMUNITY DEVELOPMENT\WP-FILES\REV\2000\00-142SP3.DOC Case No. Agenda Item Attachment D ZA 00-142 7F Page 3 Articulation EN,aluation No.3 Case No. ZA DO.142 1 Date of Evaluation: 02128101 Elevations for Garden View Offices Received: 02127101 Front - facing: East lWall ht. = 9 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 27 25 .7% Yes 27 27 0% Yes Min. artic. offset 1 2 100% Yes 1 2 100% Yes Min. artic. length 4 4 14% Yesi 4 5.5 579'o Yes Rear - facing West wall ht. = 9 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 27 27 0% Yes 27 26 -4% Yes Min. artic. offset 1 4 300% Yes 1 6 500% Yes Min. artic. length 7 18 177% Yes 7 18 177% Yes Right - facing: North iWall ht. = 9 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 27 18 -33% yes 27 22 -19% Yes Min. artic. offset 1 1.5 50% Yes 1 2 100% Yes Min. artic. length 4 4 7% Yes 6 6 9% Yes Left - facing: South wall ht. = 9 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 27 14 -48% Yess Min. artic. offset 1 2.75 175% Yes 1 =16 Yes Min. artic. length 8 9 13% Ys 10 Yes Case No. Agenda Item Attachment D ZA00-142 7F Page 4 TREE PRESERVATION ANALYSIS (Non -Residential Development) Case: 00-142 Date of Review: 12 — 25 - 01 Number of Pages: Project Name: Garden Towers (Site Plan) Review #2 OWNER \ DEVELOPER PREPARED BY: Jonathan Bolton J. Bolton & Associates 365 Miron Suite B 365 Miron, Suite B Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 498-1669 Phone: (817) 498-1669 Fax: (817) 488-1567 Fax: (817) 488-1567 THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The building pad elevations as indicted on the Grading and Utility Plan are approximately two feet (2') higher than the trees proposed courtyard and front of the building. Leaving the existing trees in a two -foot (2') deep hole would indicate that the trees the tree's life spans might be greatly effected. * Non-residential Development: In a non-residential development, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or public utility or drainage easements as shown on an approved Final Plat, or to install fire lanes, required parking areas and building pad sites as shown on an approved Site Plan, shall be exempt from the tree protection and tree replacement requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Ordinance, but not to the tree replacement requirements listed in Section 7 of the Ordinance. All other areas of the development shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. BUILDING INSPECTIONS -25'�9393 329-6025 METRO DR., SUrM 8, SOLJTHLAX. TX 76C92 January 15, 2001 J. Bolton & Associates 361; Miron Drive, Suite B Southlake, TX 76097 Attention: Ken Baker Subject: Variance Request For Horizontal and Vertical Articulation Ordinance Dear Ken: Please find the following submittal for 1075 Lake Wood Dave. We would like to request a variance from Horizontal and Vertical Articulation Ordinances. The location of the variance is located on the back side of the building and faces commercial property. The remainder of the building is heavily articulated. Jonathan R. Bolton J. Bolton & Associates Case No. Agenda Item Attachment E ZA00-142 7F Page 1 ® A WSJ 01 ��MM.-IP January 15, 2001 J. Bolton & Associates 365 Nliron Drive. Suite B Southlake, TX 76092 Attention: Ken Baker Subject: Variance Request For Location Of Trash Receptacle Dear Ken: Please find the following submittal for 1075 Lake Wood Drive. We would like to request a variance for the location of the trash receptacle as shown. All locations along the driveway and parking stalls would face streets. We raised the fence height from 6' to 8' to help reduce visibility. Thank You, Jonathan R. Bolton J. Bolton & Associates Case No. Agenda Item Attachment E ZA00-142 7F Page 2 Surrounding Property Owners Garden View Office Park Property Owner Zonin2 Land Use Description Acrea e 1. J. Nimphius 1. SF -IA 1. Low Density Residential 1. 1.37 2. E. Morris 2.0-1 2. Office Commercial 2. 1.03 3. State of Texas 3. C-3 3. Retail Commercial 3. 0.31 4. Greenway-Carroll Road Prtn 4. C-3 4. Retail Commercial 4. 10.06 5. Carroll Partners 5. 0-1 5. Office Commercial 5. 2.89 6. M. Giacomarro 6. SF-20A 6. Medium Density Residential 6. 0.60 7. M. Cole 7. SF-20A 7. Medium Density Residential 7. 0.69 8. R. Bowers 8. SF -IA 8. Low Density Residential 8. 1.12 Case No. Agenda Item Attachment F ZA00-142 7F Page 1 FES-28-01 14=59 FROM=MBNA DataCentev Ops �. t �yt Fa fG. E E 0 Z °. y 44 r t t f i C z... �_---�-- �ww Case N ZA00 L 0.1-" a Item 142 7 F ID=214701ESE9 5-1 ig .V�"*Ta r PACE 2/2 /Qv __-_ 20 m TOTAL P.e2 Attachment G Page 1 NEI Surrounding Property Owner Responses Garden View Office Park NOTICES SENT: Nine (9) RESPONSES: Three (3) responses were received from within the 200' notification area: • David Vincent, 5702 Grand Oak Court, Colleyville, TX, in favor. (Received February 13, 2001). • Kent Burnett, 10868 W. Red Valley Rd., Fayetteville, AR, in favor. (Received February 13, 2001). • Frances and James Nimphius, 1050 Lakewood Drive, Southlake, TX, in favor, "I'm just looking for a fuller buffer (also a few shrubs around dumpster walls) for residents on Lakewood Drive (especially the north west corner). Thank you." (Received February 20, 2001). Case No. Agenda Item Attachment G ZA00-142 7F Page 2 G City of Southlake o Department of Planning f STAFF REPORT March 2, 2001 CASE NO: ZA01-010 PROJECT: Sale of alcoholic beverages for on -premise consumption REQUEST: Cactus Flower Cafe is requesting approval of a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6. ACTION NEEDED: 1. Conduct Public Hearing. 2. Consider Specific Use Permit. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Exhibit (D) Surrounding Property Owner Map (E) Surrounding Property Owner Responses (F) Resolution No. 0 1 -0 10 STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA01-010 Agenda Item 7G BACKGROUND INFORIMATION OWNER: Southlake Venture West, L.P. APPLICANT: Cactus Flower Cafe PROPERTY SITUATION: The property is located at 355 North Carroll Avenue being on the east side of North Carroll Avenue approximately 300' north of Prospect Street. HISTORY: This property received its current zoning along with site plan approval on April 6, 1999. A revised site plan was approved on April 4, 2000. LEGAL DESCRIPTION: A portion of Lot 1, Block 10, Southlake Town Square, Phase Il. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S-P-1" Detailed Site Plan District with "C-3" General Commercial District uses including a U.S. Post Office and associated outside storage. P&Z ACTION: February 22, 2001; Approved (6-0). P&Z SPEAKERS: None. STAFF COMMENTS: A site exhibit is included as attachment 'C' of this packet. Case No. Agenda Item Attachment A ZA01-010 7G Page 1 Vicinity Map (4W Cactus Flower Cafe AppIT10N -- - GAR?O�` __y'iLn `NOO�LN ACRES CITY - - - --- �pOO- - ZJC}� _ - -- - ----- HALL SOl1:HGRESL�:_-- 0G O� m U PROSVECT TREET CIVIC PI �0sa4ss -S — �_ ---- -_ tl/. ST �— <— UA"ST — p0 ----- 0 EAST SCUTHLAKE BLVO - - - F M-209 p11.G — Case No. ZA01-010 ROOKENBAUGN = EAS-aCUTHLAKE H11RON — LU �.-- < -----0 09 — - - - — --- ----- _ J 1000 0 1000 2000 3000 Feet W E S Agenda Item 7G Attachment B Page 1 i, 0 U F; I i ' ' U.Jj� �a.�8'A✓1 yT Ln''�g i!9 lfl W 1 llY11 , - -�- Q-2]" —171 t r It SCE S � d. ICI O°'� f1 I� -�- �• � U �. cm LL -�- W W , co t�nrr nm,rn wuel Case No. ZA01-010 Agenda Item -7rf M', U— C=).- -X It C ae 1 Surrounding Property Owners Cactus Flower Cafe _ I HrgLL Propertv Owner Zoning 1. Southlake Venture Nest 1. S-P-1 2. U.S.P.S. 2. S-P-1 RO SPECT'STftEET'� � r CIVIC PL MAIN ST H U] OUNTAIN Land Use Description 1. Mixed Use 2. Mixed Use 0 Acreage 1. 2.28 2. 2.87 Case No. Agenda Item Attachment D ZA01-010 7G Page 1 Surrounding Property Owner Responses Cactus Flower Cafe NOTICES SENT: Two (2) RESPONSES: None Case No. Agenda Item Attachment E ZA01-010 7G Page 1 Resolution No.00-010 Page 1 RESOLUTION NO. 00-010 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 1, BLOCK 10, SOUTHLAKE TOWN SQUARE, PHASE H, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 5261, PLAT RECORDS, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE 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-1" Detailed Site Plan District with "C-3" General Commercial District uses including a U.S. Post Office and associated outside storage; 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: Case No. Agenda Item Attachment F ZA01-010 7G Page 1 Resolution No.00-010 Page 2 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, a portion of Lot 1, Block 10, Southlake Town Square, Phase II, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5261, plat records, Tarrant County Texas, more fully and completely described in Exhibit "A", and as depicted on the approved site 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. 4. a 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 DAY OF , 2001. CITY OF SOUTHLAKE M. Rick Stacy, Mayor Case No. Agenda Item Attachment F ZA01-010 7G Page 2 Resolution No.00-010 Page 3 APPROVED AS TO FORM: City Attorney City of Southlake, Texas Case No. Agenda Item Attachment F ZA01-010 7G Page 3 Resolution No.00-010 Page 4 EXHIBIT "A" 355 North Carroll Avenue, located in Southlake Town Square, on property described as a portion of Lot 1, Block 10, Southlake Town Square, Phase II, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 5261, plat records, Tarrant County Texas. Case No. Agenda Item Attachment F ZA01-010 7G Page 4 Resolution No.00-010 Page 5 EXHIBIT "B" f Case No. Agenda Item Attachment F ZA01-010 7G Page 5 Resolution No.00-010 Page 6 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Agenda Item Attachment F ZA01-010 7G Page 6 N City of Southlake o Department of Planning STAFF REPORT March 2, 2001 CASE NO: ZA01-011 PROJECT: Art in the Square REQUEST: The Southlake Women's Club and Southlake Town Square are requesting approval of a Specific Use Permit for Special Events associated with "Art in the Square" on property described as Southlake Town Square, Phase I, and being 42.013 acres. The everts are sponsored by Southlake Town Square and Southlake Women's Club and will be held on April 27, 28, and 29, 2001. ACTION NEEDED: 1. Conduct Public Hearing. 2. Consider Specific Use Permit. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Exhibit (D) Event Description (E) Surrounding Property Owner Map (F) Surrounding Property Owner Responses (G) Colored Site Exhibits (P&Z and Council members only) (H) Resolution No. 0 1 -0 11 STAFF CONTACT: Dennis Killough (481-2073) Case No. Agenda Item ZA01-011 7H BACKGROUND INFORMATION OWNER: Southlake Town Square APPLICANTS: Southlake Town Square and Southlake Women's Club PROPERTY SITUATION: The property is located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (F.M. 1709). LEGAL DESCRIPTION: Southlake Town Square, Phase I, and being 42.013 acres LAND USE CATEGORY: Mixed Use CURRENT ZONING: P&Z ACTION P&Z SPEAKERS STAFF COMMENTS "NR-PUD" Non-residential Planned Unit Development to include "C-3" General Commercial District uses. February 22, 2001; Approved (6-0). None. A site exhibit is included as attachment `C' and an event description is included as attachment `D' of this packet. Case No. Agenda Item Attachment A ZA01-011 7H Pagel t Vicinity Map Art in the Square ,r. �K W Oaa A690 � CITY\ \ WpC BR�P'R— y Z \ \ r r S '— ^ T' Les v P BREWER--� — '�� j! DI NC i ----\ 10 EAST SOUTHLAKE BLVO F M 1709 _ EASLS.QUTHLAXE BLVD GORBV� ROCKEN?ARY - a c \ LEN►EN - ��- opal, -- IN-0—OW"�- 1000 0 1000 2000 3000 Feet Case No. ZA01-011 W E S Agenda Item 7H Attachment B Page 1 C •'��•<,�-f:�• •�1 •�i7Jx/'/� 1j;'jj;�: ��(I✓,/ I �_ �. .-..� ^-_ �_.y .. ��t1i J • T^ F/I � �.I r 1t(�TTi T,, - u c f- N J Y• :7 Case No. RWgenda ItM ZA01-011 % H Attachment C Page 1 a s,:Ygc X* rd ,: �" .«. •�i ri � � �=i ter` � A 7a _ - • �� rM •yip <: - _ 2'•�r: , Town Hall =;� -' �� 01� low AN Im, -- -- SouTH LAKE RECD JAi`1 99 2001 TOWN SQUARE �anuary 25, 2001 Bruce Payne PIanning Director City of Southlake 1400 Main Street. Suite 310 Southlake. TX 76092 Dear Bruce. Southlake Tower Square is proud to be co -hosting, with the City of Southlake, Southlake Women's Club Foundation's Art in the Square for the second year in a row. Once again, this will be a unique, free community event with art, entertainment, and fun for all. We would like to submit this application for a SUP for the event. Event Information: Art in the Square will be held on Friday, April 27, Saturday 28, and Sunday 29, 2001 using Fountain Place, the Park, the Pavilion, Grand Avenue, State Street, Main Street and Citric Place (see attached maps for street closure, parking and access plan). Times for the event are Friday from 4pm-1 1pm, Saturday l0am-1lpm, and Sunday 1 lam-4pm. Admission to the event is free. The Southlake Women's Club will take all financial responsibility and supply all volunteers to work the event. Southlake Town Square will act in an ad-isory role and the City of Southlake will provide some equipment and additional guidance. Southlake Women's Club will be maintaining and distributing all funds raised during the festival. Although the actual beneficiaries have not been designated due to grant request, Southlake Women's Club is planning to distribute the funds to charities related to children. Components of Event: Artist's Booths — Over 75 qualified artist selected by the Women's Club jury will have booths set up to participate in the event during all hours of operation. Only the artisans themselves will be able to sell their creations. Entertainment — Continuous entertainment is scheduled in the pavilion while Big -name acts during the evening hours on Friday and Saturday night 7:00 p.m.-11:00 p.m will be performing on a stage erected on the comer of Civic Place and Grand Ave. All the entertainment will be provided free to the public. As to this date, Eddie Coker, a well-known Children's performer has been secured for Sunday afternoon, and Bill Tillman will be performing Friday night. Restaurant Booths — Various restaurants in Southlake and surrounding areas are being solicited to participate in the event Beer Garden — The Women's Club is hoping to operate a Beer Garden during the hours of evening entertainment on portions of Civic Place and Grand Avenue. A separate SUP is being submitted for this portion of the event. Expected Attendance An attendance of over 20,000 people over the three days is expected due to the success of the event in 2000. No problems with parking are anticipated due to almost double the availability of parking of last year, however Home Depot employees have volunteered to act as traffic directors and will be stationed at needed comers throughout Town Square. To accommodate parking for early voting all the spaces on Main Street in front of Town Hall (on both sides of the street) will be reserved for limited time visits to Town Hall during the hours of e ariv voting. Portable restrooms will be available in the areas indicated on the Road Closure map. It is our understanding that as happened last year the SUP application fees are waived as this is a City sponsored event. Feel free to contact me if you have any questions. Sincerely, Robin Snyder J, A,—, in the Square Chairperson Southlake Women's Club 817 4CAWN6. key ?r1�.;K�1eQt! A&iftdhFlt@R By COOPS 7 HSTEBMII > 1256 NIA. ST: SET. S[:[TE 240. SOUTHL?.ZE. T;XAs 76092 T(817) 329-5566 F.kx (817) 251-8717 4VNA'I ancy Hormann, Vice President, Management Southlake Town Square 817 329-5566Attachment D nhormann a southlaketoxNn.&M Surrounding Property Owners TropekN Owner 1. Southlake Venture West 2. U.S.P.S. 3. Fechtel Group 4. C. Peterka 5. Texas Health Resource 6. South Carroll/1709 Ltd. 7. A. Prade 8. Greenway Rowlette 66 9. J. Strunck 10. Mendez Ltd. 11. B. Paulsen 12. M. Wright 13. R. Reece 14. 15. Art in the Square Zoning 1. S-P-1 2. S-P-1 3. NR-PUD 4. NR-PUD 5. S-P-2 6. S-P-2 7. AG 8. S-P-2 9. AG 10. AG 11. SF-20A 12. SF-20A 13. SF-20A Land Use Description 1. Mixed Use 2. Mixed Use 3. Mixed Use 4. Mixed Use 5. Office Commercial 6. Office Commercial 7. Medium Density Residential 8. Medium Density Residential 9. Medium Density Residential 10. Medium Density Residential 11. Medium Density Residential 12. Medium Density Residential 13. Medium Density Residential 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 2.28 2.87 30.88 43.06 12.62 29.52 18.06 1.17 3.00 3.00 0.60 0.49 0.46 Case No. Agenda Item Attachment E ZA01-011 7H Page 1 Surrounding Property Owner Responses Art in the Square — Special Events NOTICES SENT: Fourteen (14) RESPONSES: One (1) response was received from within the 200' notification area: • David C. Palmer, South Carroll/1709 Ltd., 3102 Maple Ave., Ste. 500, Dallas, TX, in favor. (Received February 15, 2001). Case No. Agenda Item Attachment F ZA01-011 7H Page 1 RESOLUTION NO.01-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR SPECIAL EVENTS ASSOCIATED WITH "ART IN THE SQUARE" ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE SITE EXHIBITS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Special Events associated with "Art in the Square" has been requested by a person or corporation having a proprietary interest in the property zoned as "NR-PUD" Non-residential Planned Unit Development to include "C-3" General Commercial District uses; and, WHEREAS, in accordance with the requirements for the approval of all special events held in outdoor spaces established in the development regulations for Town Square, 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 Special Events associated with "Art in the Square" on the property being legally described as Southlake Town Square, Phase I, and being 42.013 acres, more fully and completely described in Exhibit "A", and as depicted on the site Case No. Agenda Item Attachment H ZA01-011 7H Page 1 exhibits 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 DAY OF , 2001. CITY OF SOUTHLAKE Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas Case No. Agenda Item Attachment H ZA01-011 7H Page 2 EXHIBIT "A" Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 and 4893, Plat Records, Tarrant County, Texas, and being approximately 42.013 acres. Case No. Agenda Item Attachment H ZA01-011 7H Page 3 EXHIBIT "B" .r-..--- - - -- Case No. Agenda Item Attachment H ZA01-011 7H Page 5 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Agenda Item Attachment H ZA01-011 7H Page 6 N City of Southlake o Department of Planning STAFF REPORT March 2, 2001 CASE NO: ZA01-012 PROJECT: Sale of alcoholic beverages for on -premise consumption REQUEST: Specific Use Permit for the sale of alcoholic beverages for on -premise consumption associated with "Art in the Square" per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6 on property described as Southlake Town Square, Phase I, and being 42.013 acres. The events are sponsored by Southlake Town Square and Southlake Women's Club and will be held oa April 27, 28, and 29, 2001. ACTION NEEDED: 1. Conduct Public Hearing. 2. Consider Specific Use Permit. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Exhibit (D) Event Description (E) Surrounding Property Owner Map (F) Surrounding Property Owner Responses (G) Resolution No. 01-012 (H) Colored Site Exhibits (P&Z and Council members only) STAFF CONTACT: Dennis Killough (481-2073) Case No. Agenda Item ZA01-012 7I OR BACKGROUND INFORMATION OWNER: Southlake Town Square APPLICANTS: Southlake Town Square and Southlake Women's Club PROPERTY SITUATION: The property is located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (F.M. 1709). LEGAL DESCRIPTION: Southlake Town Square, Phase I, and being 42.013 acres LAND USE CATEGORY: Mixed Use CURRENT ZONING: P&Z ACTION P&Z SPEAKERS STAFF COMMENTS "NR-PUD" Non-residential Planned Unit Development to include "C-3" General Commercial District uses. February 22, 2001; Approved (6-0). None. A site exhibit is included as attachment `C' and an event description is included as attachment `D' of this packet. Case No. Agenda Item Attachment A ZA01-012 7I Page 1 Vicinity Map (., Art in the Square IAK 'N©pl? i EAST SOUTHIAKE BLVD Ir ��— LU CKENB�G� a Rp TPRY _ELEMEN � Case No. ZA01-012 1000 0 1000 2000 3000 Feet W E S Agenda Item 7I BR1PRW p< EgSPt� G a�- w EAST DUTHLAKE BLVD _ Attachment B Page 1 S D U T H L A K E TOWN SQUARE 133 January 25. 2001 Bruce Payne Planning Director Citv of Southlake 1400 NvIain Street. Suite 310 Southlake, TX 76092 Dear Bruce, The Southlake Women's Club Foundation is proud to be hosting "Art in the Square- for the second year in a row-. The event will be co -hosted by Southlake Town Square and the City of Southlake. Once again. this will be a unique, free community event with art, entertainment, and fun for all. During portions of this event, Southlake Women's club wishes to operate a Beer Garden for patrons. In addition to the SUP submitted for Art in the Square, we would like to submit this application for a SUP for the Beer Garden. Event Information: We are planning a contained Beer and Wine area on Civic Place and a portion of Grand Avenue. It will operate on Friday. April 27. and Saturday. April 28 between the hours of 5:00pm and 11:OOpm during evening entertainment. The stage for entertainment will be placed at the intersection of Grand Avenue and Civic Place. The designated area is outlined on the attached map. A combination of barricades and chains will be hung to keep the area of the beer garden restricted. A member of the Southlake Women's Club will be present at each place where the public will be entering or exiting (see map) to ensure that no alcohol is taken out of the designated area. Furthermore, at least two security officers be present in the vicinity of alcohol sales to fulfill the TABC requirements. ID's will be checked at point -of -sale of the alcohol. The food court that is open all hours of the event will only halve restricted entry and exit during the hours of the alcohol sales. The Women's Club has received an application for a TAABC license and all the rules and regulations for that license have been followed in the guidelines of planning this event. The application needs DPS approval and will be submitted to DPS once we have obtained the SUP. It is our understanding that as happened last year the SUP application fees are waived as this is a City sponsored event. Feel free to contact either of us if you have any questions. Sincerely, Robin Snyder J :art in the Square Chairperson Southlake Women's Club 817 421-6091 keyins'a ste.net Case No. ZA01-012 ti cv H6rmann. Vice President, Management Southlake Town Square 817 329-5566 nhormann a southlaketownsquare.com AgerfdvUettf,, CcoPE.7Tj7;3B;.�S 1256 ;NAAIN STR-EET S!. !T�. 240. SDuTHLAxP. Texas 76092 TELEPHONE .817) 329-5566 F. ,K (817) 251-8717 Attachment D Page 1 Surrounding Property Owners 7 Art in the Square 1.1 5 C,pR' OF-01, Property Owner Zoning Land Use Description +"Acreage 1. Southlake Venture West 1. S-P-1 1. Mixed Use 1. 2.28 2. U.S.P.S. 2. S-P-1 2. Mixed Use 2. 2.87 3. Fechtel Group 3. NR-PUD 3. Mixed Use 3. 30.88 4. C. Peterka 4. NR-PUD 4. Mixed Use 4. 43.06 5. Texas Health Resource 5. S-P-2 5. Office Commercial 5. 12.62 6. South CarrolU1709 Ltd. 6. S-P-2 6. Office Commercial 6. 29.52 7. A. Prade 7. AG 7. Medium Density Residential 7. 18.06 8. Greenway Rowlette 66 8. S-P-2 8. Medium Density Residential 8. 1.17 9. J. Strunck 9. AG 9. Medium Density Residential 9. 3.00 10. Mendez Ltd. 10. AG 10. Medium Density Residential 10. 3.00 11. B. Paulsen 11. SF-20A 11. Medium Density Residential 11. 0.60 12. M. Wright 12. SF-20A 12. Medium Density Residential 12. 0.49 13. R. Reece 13. SF-20A 13. Medium Density Residential 13. 0.46 Case No. Agenda Item Attachment E ZA01-012 71 Page 1 Surrounding Property Owner Responses Art in the Square — Alcohol Sales NOTICES SENT: Fourteen (14) RESPONSES: None Case No. Agenda Item Attachment F ZA01-012 7I Page 1 RESOLUTION NO.01-012 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 SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING APPMO IIMATELY 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE SITE EXHIBIT 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 "NR-PUD" Non -Residential Planned Unit Development to include "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 Southlake Town Square, Phase I, and being approximately 42.013 acres, more fully and completely described in Exhibit "A", Case No. Agenda Item Attachment G ZA01-012 7I Page 1 and as depicted on the site exhibit 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 DAY OF 92001. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas Case No. Agenda Item Attachment G ZA01-012 7I Page 2 EXHIBIT "A" Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 and 4893, Plat Records, Tarrant County, Texas, and being approximately 42.013 acres. Case No. Agenda Item Attachment G ZA01-012 7I Page 3 etc-- -,,. _ i,� s-.-.�mw ::��1�•„ . - "^'''! �. _ r 4 Stage �P 44 401 rl IL ft •s_ R .sF� �* Torn Hall R7 rp • e . EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Agenda Item Attachment G ZA01-012 7I Page 5 City of Southlake, Texas MEMORANDUM March 2, 2001 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (481-1433) SUBJECT: Ordinance No. 797, 1" Reading, Calling a Special Election for the purpose of Amending the Home Rule Charter Action Requested: City Council consideration of Ordinance No. 797, 1" Reading, calling a Special Election on May 5, 2001 for the purpose of amending the Home Rule Charter. Background Information: The City of Southlake Charter was approved on January 12, 1987. Since the adoption of the Charter, the City has held three (3) Charter Amendment Elections. Charter Amendment Elections were held on January 19, 1991, January 21, 1995, and May 2, 1998. State Law allows municipalities to amend the Charter every two (2) years. On September 19, 2000 the City Council appointed itself to serve as the Charter Review Committee to review, identify, research, and provide a recommendation on potential amendments to the Charter to be placed on the final election ballot. Staff compiled a list of potential items for the Charter Review Committee to look at, and the Committee held a meeting on Thursday, February 1, 2001 to review the items and provide direction upon which items to focus on. Staff brought forth seven (7) ballot items to the City Council for review at the February 20, 2001 meeting. The City Council directed staff to remove proposition number seven, relating to amendments to Section 11.06 ("The Master Plan"). The six (6) remaining ballot propositions cover the following items: ■ Proposition No. 1 — Proposes amendments to Section 5.02, and the repeal of Sections 2.02, 5.04 ("Elective Officers, Judge of the Court, and Absence of Judge" respectively), in order to be consistent with State Law relating to establishing the Judge and Alternate Judge(s) of the Municipal Court of Record. ■ Proposition No. 2 — Proposes amending Section 2.13 ("Nepotism") to adopt the prohibitions of State Law with respect to nepotism. ■ Proposition No. 3 — Proposes amending Section 4.01 ("Administrative Departments") in order to clarify that each department head shall exercise supervisory authority and financial control over their department. Billy Campbell, City Manager March 2, 2001 Page 2 ■ Proposition No. 4 - Proposes amending Section 7.11 ("Holding Other Office") in order to be consistent with State Law regarding succession of office for elected officials who become a declared candidate for another office. ■ Proposition No. 5 - Proposes amending Section 9.04 ("Submission") extending the date of submission of the City Manager's proposed budget and accompanying message to August 15`h versus the current required date of August Pt. ■ Proposition No. 6 - Proposes amending Section 11.04 ("Purpose and Object of the Planning and Zoning Commission") to clarify the responsibility of the City Council to review matters relating to acquisition of easements and right-of-ways without referral to the Planning and Zoning Commission. The attorneys have completed the legal review of these items since the February 20, 2001 meeting. The first reading of this Ordinance allows for the Council to review these items one more time prior to the Second Reading and Public Hearing scheduled for March 20, 2001. For the Second Reading, the verbiage would need to be in form and content as it would appear on the May 5, 2001 election ballot. At the February 20, 2001 meeting, the Council also directed staff to proceed with preparations for a May 5, 2001 Charter Amendment Election. This Ordinance calls the Special Election for the purpose of amending the Home Rule Charter, and provides that the procedures and publication notices shall be in accordance with those established for the May 5, 2001 General Election. The City Council approved Resolution No. 01-003, calling the General Election and establishing the election procedures and logistics at the February 6, 2001 meeting. Financial Considerations: Holding the Charter Amendment Election on May 5, 2001 saves an estimated $10,000. Other financial considerations include minimal attorney fees to review the verbiage of the propositions, and for the development of changes necessary to be consistent with State Law. Citizen Input/ Board Review: The Charter Review Committee reviewed a list of potential items at their February 1, 2001 meeting. Staff incorporated the comments into the development of the potential ballot propositions. The City Council reviewed the potential ballot propositions and discussed potential election dates at their February 20, 2001 meeting. The City Council elected to eliminate one proposition, leaving six (6) potential ballot propositions. The City Council also directed staff to bring a resolution and r Billy Campbell, City Manager March 2, 2001 Page 2 ordinance calling for a May 5, 2001 Charter Amendment Election fo r their consideration at the March 6, 2001 meeting. Legal Review: The City Attorneys have reviewed the potential propositions, the ballot language, and the ordinance calling for a May 5, 2001 Charter Amendment Election. The City Attorney will also be present at the meeting to address legal issues regarding this item. Alternatives: Input towards the discussion as desired. Supporting Documents: Supporting documents include the following items: ■ Copy of Ordinance No. 797, including Exhibit A (Proposed City Charter Amendments) and Exhibit B (Proposed Ballot Language). Staff Recommendation: Place as an item on the March 6, 2001 City Council agenda to consider Ordinance No. 797, l' Reading, calling a special election on May 5, 2001 for the purpose of amending the Home Rule Charter. JE 9/9-3 NOTICE OF SPECIAL ELECTION STATE OF TEXAS COUNTIES OF DENTON AND TARRANT CITY OF SOUTHLAKE TO THE RESIDENT QUALIFIED ELECTORS OF THE CITY OF SOUTHLAKE, TEXAS: Take notice that an election will be held in the City of Southlake the 51' day of May, 2001, in accordance with an ordinance and resolution adopted by the City Council which is a part of this notice for all purposes and reads as follows: 4 �Wj 7, 01 = ORDINANCE NO. 797 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A SPECIAL ELECTION FOR MAY 5, 2001, FOR THE PURPOSE OF AMENDING THE CITY CHARTER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, it is the intention of the City Council to call a special election to submit proposed amendments to the City Charter to the voters in accordance with Section 9.004 of the Texas Local Government Code; and WHEREAS, an election to submit to the voters proposed amendments to the city charter is required by law to be held on a uniform election date; and WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Saturday in May shall be a uniform election date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council does hereby, on its own motion, order a special election to submit to the voters of Southlake proposed amendments to the City Charter as set forth in Exhibit A, attached to and incorporated in this ordinance for all purposes. The election shall be conducted according to the laws of the State of Texas, and shall be held on May 5, 2001, from 7:00 a.m. to 7:00 p.m. SECTION 2. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "YES" or "NO" on each proposition, with the ballots to contain such provisions, markings and language as required by law, and with the propositions to be expressed substantially as set forth in Exhibit B, attached and incorporated in this ordinance for all purposes. SECTION 3. The Mayor and City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all action necessary to comply with provisions of the Texas Education Code or other state and federal statutes and constitutions in carrying out the conduct of the election, whether or not expressly authorized herein. SECTION 4. The procedures for the special election for the purpose of amendment to the Home Rule Charter shall be contained in Resolution No. 01-003, approved by the City Council on February 6, 2001, calling a General Election for May 5, 2001, as amended. Notice of the special election shall be published twice, no earlier than April 5, 2001 and no later than April 25, 2001, in the newspaper in accordance with the provisions of the Texas Election Code. Additionally, notice shall be posted no later than April 16, 2001, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through Election Day, May 5, 2001. SECTION 5. This ordinance shall be cumulative of all provisions of ordinances and resolutions of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances and resolutions are hereby repealed. SECTION 6. 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 (W ordinance, since the same would have been enacted by the City Council without the 9 incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. 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 MARCH, 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF MARCH, 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney EXHIBIT "A" (aw, PROPOSED CITY CHARTER AMENDMENTS FOR THE MAY 5, 2001 ELECTION Only the sections or paragraphs being amended are presented below. Sections and paragraphs not included below remain unchanged. The underlined words are being added to the Charter, and the words with a line drawn through them are being deleted. 2.02. Elective Officers. 2.13. Nepotism. No person ralara.i within the second degree by affinity, (marriage or. la ,l or thin of the , or- to the G43, Manager —shall be appointed to any effise,—position o but this prohibition shall not apply to officers or. OMP103,06-S who ve been coutinno»e13, amployod by the Char for. not lass. than 0 (2) years prior to the elaatlon or appointment of the offiear. related in the prohibited LW "The City adopts the prohibitions against nepotism as contained in the statutes of the State r r � r of Texas ." 4.01. Administrative Departments. The head of each department shall be a chief, director, or superintendent who shall be appointed by the City Manager subject to the approval of the Council and such chief, director or superintendent shall have supervisory authority and financial control over his department. Two or more departments may be headed by the same individual and the City Manager may head one or more departments. 5.02. Judge of the Court. The Citv Council shall by ordinance appoint one or more iudgesof the Municipal Court. statigo . A -TU Judge shall be a resident of this state, be a citizen of the United States, an a licensed attorney in good standing, licensed to practice in the State of Texas, and must have two (2) or more years of experience in practicing law in this state. land m-ust meet 211 other. . A -T#e Judge shall serve for a three-(34 two (2) year term. The Council shall fix the compensation for the JudgeUs, in accordance with State law. and such compensation shall never be based on the fines assessed or collected. If a vacancy occurs in the office of a EXHIBIT A TO ORDINANCE NO. 797 PAGE 1 Proposed City Charter Amendments for the May 5, 2001 City of Southlake City Charter Election. ROM ON municipal judge of a court of record, the city council shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term. 5.04. . 7.11 Holding Other Office. If any member of the Council shall become a candidate for election to any public office except for re-election 'to his current place, he shall immediately upon his becoming a candidate forfeit his place on the Council and serve until his successor is elected. 9.04. Submission. The City Manager shall submit to the Council a proposed budget and accompanying message on or before the €mst fifteenth day of August of each year. The Council shall review the proposed budget and revise it as deemed appropriate prior to the general circulation for public hearing. 11.04. Purpose and Object of the Planning and Zoning Commission. The purpose and object of the Planning and Zoning Commission is to act as an advisory board to the Council in matters designated by ordinance and by state law. Except for matters relating to city parks which are delegated by the Council to another city board with responsibilities relating to city parks, and for matters relating to the acquisition of easement(s) and right-of-ways; the Commission shall advise the Council on matters relating the zoning, public improvements, civic improvements, city planning, opening, widening, and changing of streets, routing of public utilities, controlling and regulating traffic upon the public streets and ways of the City and such other matters relating to City improvements as the Commission and the Council may deem beneficial to the City. EXHIBIT A TO ORDINANCE NO. 797 PAGE 2 Proposed City Charter Amendments for the May 5, 2001 City of Southlake City Charter Election. EXHIBIT "B" Charter Amendments - List of Ballot Propositions PROPOSITION NO. 1 - Shall the Charter of the City of Southlake be amended to be consistent with State Law with respect to the appointment, qualifications, and salary for the municipal court judge, the appointment of alternate judge(s) for the municipal court of record, and to establish a term of office of two (2) years for the judge and alternate judge(s) of the municipal court of record, amending Section 5.02, and repealing Sections 2.02, and 5.04? PROPOSITION NO. 2 - Shall the Charter of the City of Southlake be amended to provide that the State law prohibitions regarding nepotism shall apply, by amending Section 2.13? PROPOSITION NO. 3 - Shall the Charter of the City of Southlake be amended to provide that each administrative department head shall have supervisory authority and financial control of the department, amending Section 4.01? PROPOSITION NO.4 - Shall the Charter of the City of Southlake be amended to conform with State Law with respect to elected officials serving in office until their successor is elected, amending Section 7.11? PROPOSITION NO. 5 - Shall the Charter of the City of Southlake be amended to provide that the City Manager shall submit to the City Council a proposed budget and accompanying message on or before August fifteenth, amending Section 9.04? PROPOSITION NO. 6 - Shall the Charter of the City of Southlake be amended to provide that the City Council has responsibility to consider and approve the acquisition of easements and right-of-ways, amending Section 11.04? NAAMENDMENTS 2001.DOC City of Southlake, Texas t, MEMORANDUM TO: Billy Campbell, City Manager FROM: Bruce Payne, Director of Planning, Ext. 2036 SUBJECT: Ordinance No. 798, 1't Reading, An ordinance approving the general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial consumers in the City of Southlake, Denton and Tarrant Counties, Texas. Action Requested: Consider Ordinance No. 798 Background Information: TXU Gas Distribution filed a Statement of Intent to change the rates for local gas distribution service in the Northwest Metro/Mid Cities Distribution System, which includes Southlake. TXU is proposing a 1.36% rate increase for the City of Southlake. If the City agrees (1) to accept TXU Gas Distribution's proposed rate changes, as filed, and pass ordinance 798 approving the proposed rates, and (2) to forego any right to participate in an appeal to the Railroad Commission of Texas should TXU file one, TXU agrees to the following: 1. If any other city in the Northwest Metro/Mid Cities Distribution System negotiates a settlement with TXU Gas Distribution that results in rates that are less than the proposed rates as filed by TXU with that city, TXU will offer those same settlement terms to Southlake; 2. The new rates will not be implemented until after June 21, 2001; 3. Customers in Southlake will not be surcharged for any rate case expenses associated with this Statement of Intent or any appeal to the Railroad Commission of Texas, should one be filed. Approval of ordinance 798 will constitute the City's acceptance of TXU's offer. (Letter from TXU attached to Ordinance 798) Financial Considerations: None required Citizen Input/ Board Review: Public hearing is scheduled for March 20, 2001 Legal Review: City Attorney reviewed the attached ordinance. Billy Campbell, City Manager March 2, 2001 Page 2 c. Alternatives: Approve or deny ordinance 798. Supporting Documents: Letter from TXU Ordinance No. 798 TXU Northwest Metro/Mid Cities Distribution System Executive Summary Staff Recommendation: Consider Ordinance No. 798 MAR-02-2001 FRI 11:52 AM TXU ELECT AND GAS FAX NO. 19406274144 TXU P. 02 U Electric 8, Gas Stephen J. Houle 1601 Bryan St, 32nd Floor vice President Dallas, TX 75201 Tel: 214 812 4a21 Fax:214 812 3221 shoulel@MU-Con, February 28, 2001 Honorable Rick Stacy Mayor, City of Southlake 1400 Main Street, Suite 270 Southlake, Texas 76092 Dear Honorable Stacy: As you arc aware, TXU Gas Distribution recently filed a Statement of Intent to change the rates for local gas distribution service in the Northwest MetroiMid Cities Distribution System, which includes your city. This letter confirms that if your city agrees (1) to accept TXU Gas Distribution's proposed rate changes, as filed, and pass an ordinance approving the proposed rates, and (2) to forego any right to participate in an appeal to the Railroad Commission of Texas should the Company file one, the Company will agree as follows: 1. If any other city in the Northwest Metro/Mid Cities Distribution System negotiates a settlement with TXU Gas Distribution that results in rates that are less than the proposer,' rates as filed by the Company with that city, the Company will offer those same settlement terms (reflected as a percentage reduction of the rates as proposed) to your city, such that no other city in the Northwest Metro/Mid Cities Distribution System will receive more favorable rate treatment than that offered to your city. For example, if City A negotiates a settlement that results in its rates being 1011/9 less than those proposed by the Company, your city will be offered a 10% reduction in the rates as proposed by the Company and approved in your ordinance; 2. The new rates will not be implemented until after June 21, 2001; 3. Customers in your city will not be surcharged for any rate case expenses associated with this Statement of Intent or any appeal to the Railroad Commission of Texas, should one be filed. MAN MAR-02-2001 FRI 11:53 AM TXU ELECT AND GAS FAX N0, 19406274144 P. 03 Passage of an ordinance approving the new rates as filed will constitute your city's acceptance of this offer. Of course, if your city accepts this offer, and the Company does not reach a mutually agreeable settlement with any other city in the Northwest Metro/Mid Cities Distribution System that results in rates that are less than the proposed rates as filed, rates in your city will be set as proposed in the Statement of Intent and passed in the ordinance, and will not be, adjusted to comport with the results of any appeal. We appreciate your consideration of the Company's proposal. Please feel free to call me if you have any questions. Sincerely, /gd b6`;�, MAR-02-2001 FRI 11:53 AM TXU ELECT AND GAS FAX NO. 19406274144 P. 04 ORDINANCE NO. jj-j- AN ORDINANCE APPROVING THE GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CONSUMERS IN THE CITY OF SOUTHLAKE, DENTON AND TARRANT COUNTIES, TEXAS, PROVIDING AN EFFECTIVE DATE THEREFOR, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATES MAY BE CHANGED, ADJUSTED, AND AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. On February 16, 2001, TXU Gas Distribution, a division of TXU Gas Company ("Company") filed with the Governing Body of this municipality a Statement of Intent to Change Residential, Commercial and Industrial Rates charged to consumers Within this municipality. Also filed was the Tariff for Gas Service in the Northwest Metro/Mid Cities Distribution System ("Tariff for Gas Service") and the supporting Cost of Service Schedules ("Schedules"). The Tariff for Gas Service includes Rate Schedules 4100 - NW Metro/Mid Cities System Cities, 4101 - Residential Service, 4102 - Commercial Service, 4103 - Industrial Sales, 4104 - Industrial Transportation, 4108-1 through 4108-3 - Rate Adjustment Provisions, 9001 through 9007 - Miscellaneous Service Charges and Rider 4106 - Surcharges. SECTION 2. The maximum general service rates for sales and transportation of natural gas rendered to residential, commercial and industrial consumers within the city limits of Southlake, Texas by TXU Gas Distribution, a division of TXU Gas Company, a Texas corporation, its successors and assigns, are hereby fixed and approved as set forth in Rate Schedules 4101 - Residential Service, 4102 - Commercial Service, 4103 - Indusas Servi a inSthesNorthwestt Metro Mid Cities Diustrial stribution butionortabon included System filed on the nTariff FebruaryG 6, Service 2001. SECTION 3. The Rate Adjustment Provisions set forth in the Tariff for Gas Service 08-3 Weather Nohmalization Adjustment approved.t' 4108-2 Tax Adjustment, and 41 SECTION 4. The Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations. Such miscellaneous service charges are identified in Rate Schedules 9001 through 9007 of the Tariff for Gas Service and are approved. Services for which no charge is set out may be performed and charged for by the Company at a level established by the normal forces of competition. SECTION 5. The aforesaid rate schedules herein approved shall be effective from and after the effective date set forth in the Statement of Intent, if this ordinance is passed and approved on or before that effective date. changed and amended Service hereunder is and to the Company's SECTION 6. The rates set forth in this ordinance may be by either the City or Company in the manner provided by law. subject to the orders of regulatory bodies having jurisdiction, Rules and Regulations currently on file with the City. Page 1 of 2 y o -► ) PMAK-U2-2UU1 fKl 11:5U AM IXU ELLU'l AND GAS fAX NU. 1y4Ub�14144 K U5 SECTION 7. Unless otherwise noted herein, other than TXU Gas Distribution (a named party), no person or entity has been admitted as a party to this rate proceeding. SECTION 8. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on the First Reading on this the day of A. D., 2001. PASSED AND APPROVED on the Second Reading on this the day of , A. D., 2001 ATTEST: City Secretary (Seal) Page 2 of 2 Mayor City of Southlake, Texas City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Bruce Payne, Director of Planning, Ext. 2036 SUBJECT: Resolution No. 01-015, A resolution suspending the proposed effective date of the proposed rate schedules of TXU gas distribution; providing that the rate schedules of said company shall remain unchanged during the period of suspension. Action Requested: Consider Resolution No. 01-015 Background Information: On February 16, 2001, TXU Gas Distribution filed a Statement of Intent with 40 cities to increase the rates charged for natural gas service. The purpose of this report is to seek authorization to engage legal counsel and rate case consultants, and to intervene in related dockets before the Texas Railroad Commission, suspending the proposed rates of TXU Gas Company. TXU Electric and Gas Company (TXU) has filed a request for authority to increase the rates charged for natural gas service within the Northwest Metro/Mid cities Distribution Systems involving thirty-nine cities. These distribution systems include the cities of Addison, Argyle, Arlington, Aubrey, Bedford, Carrollton, Colleyville, Coppell, Copper Canyon, Corinth, Cross Roads, Dalworthington Gardens, Denton, Double Oak, Euless, Farmers Branch, Flower Mound, Grapevine, Hickory Creek, Highland Village, Hurst, Irving, Justin, Keller, Krum, Lake Dallas, Lewisville, Lincoln Park, Mansfield, Marshall Creek, Northlake, Pantego, Pilot Point, Ponder, Roanoke, Sanger, Shady Shores, Southlake, Trophy Club, Westlake. The change proposed would increase current rates by ten million one hundred sixty thousand dollars ($10,160,000). The attached resolution authorizes the City to participate jointly with other cities in the distribution system to independently analyze the TXU filing. In order to do this, the resolution also suspends the proposed effective date of the rate change for an additional ninety days. Financial Considerations: None required Citizen Input/ Board Review: None required Legal Review: City Attorney reviewed the attached resolution. &( Billy Campbell, City Manager March 2, 2001 Page 2 (W Alternatives: Approve or deny resolution 01-015. Supporting Documents: Resolution No. 01-015 Staff Recommendation: N/A RESOLUTION Tqn. (. Q A RESOLUTION AUTHORIZING THE STRERM'_ COMMITTEE OF NORTHWEST METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES To RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD CO -MISSION; AND SUSPENDING THE PROPOSER TARIFF AND SCHEDULE OF RATES OF TXU BLEC TRiC AND GAS Cc3mppANy WHEREAS, TXTI Gas Distributi o ., a divisi = of TXU Gas Com-Pany, ( "T.:U" ) an Febrva r 16, 200:1, filed a Statement of intent tC Change Rat,:as with individual cities for an ir_creas�- Zi3 r� ^6- " an t7l4G0% WHEREAS, the City of � Texas, s s regulatory authority hav3.ng a statutory duty to participate in such proceedings and Whose CitiZens will be substantially affected by the r&tefi established as a result of such proceedings; and WHEREAS, the City of Texas, is entitled to be reimbursed for its' reasonable expenses, pursuant to the Texas Gas Utilities Regulatory Act; and WF—EREAS, the Steering Comantlittee of Northwest metro/Mid- Cities Distribution. System Cities has been formed to facilitate and coor4inata the participation of cities in the service area of TXU Gas Company in these rate proceedings; arm WHEREAS, after having considered information, from Txu, it s the opinion of the City CQUnCil of the City of Texas, that the proposed Schedule of Rates should be suspended for a period of ninety (90) days from the effective date stated in TXU's Statement of Intent or other documentation, as initially filed or hereafter revised, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Texas Railroad $&'3 Commissions all as directed the Cities' Steering Committee; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY np Sn, A Wad TEXAs : I. That the City Council of the City of Teas, authorizes the Steering Committee of Northwest Metro/Mid-Cities MLstribution System cities, of which the city of a Texas, is a participating member, to retain legal counsel and engage rate case consultants, d to intervene on _ beh&lf ai the City of O , Texas, in related dockets and appeals. li In order to allow the City ofUYA1�',e t Te�r-a$r sufficient time to analyze and prepare for hearing and decision on an requested rates, the City Council of the City of Texas, hereby suspends the operation of the proposed tariffs and Schedule of Rates, which would otherwise go into effect for a period of ninety (0-0) days fromthe effective date stated in TXU's Statement Of Intent, or other documentation, as initially filed or hereafter revised, i.e., suspension until midnight, June 21, 2001 , and for such additional period of time as may be necessary and authorized by law. During such period of suspension, the rates in force shall be those r'atee in effect when the suspenders schedule was first filed and shall continue in force until finally approved, modified or denied by the City Council. The City of , Texas, should join with Other participating cities to review such filing and to intervene before the Texas Railroad Commission, subject to the right to terminate such participation at anytime by written notice and to act independently in the exercise of local regulatory authority. IV. The City Secretary shall cause ^ogies of this resolution to be sent to the TXU representative: (2) C 4 3 A a-'nd to : TXU Electric and Gas Compalty inert namc and address of local TXLT Ate -prep -rotative) Mr. Uav R. Doegey City Attornev City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwarding 'to the Steering Committee of Northwagt Metro/Mid-Cities Distribution System Cities. PRE SE-NtE AND PISSED on this the day of 2001, by a vote of ayes and nays at a regular meeting of the City Council of the City of , Texas. ATTEST: City Secretary (3) w -V Mayor APPROVED AS TO €OW°l: E City Attorney BY RESOLUTION NO. Q!, 6/-5*' A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES OF TXU GAS DISTRIBUTION (f.k.a. TXU LONE STAR GAS), PROVIDING THAT THE RATE SCHEDULES OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION, PROVIDING FOR NOTICE HEREOF TO SAID COMPANY, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, TXU Gas Distribution heretofore, on February 16 , 2001, filed with the Governing Body of this municipality its Statement of Intent, together with its rate filing package, proposing to change its rate schedules within the corporate limits of this municipality, effective on March 23 , 2001 (the "proposed effective date"); and WHEREAS, in order to allow sufficient time for the consideration of the data filed by said Company, it is the desire of the Governing Body of this municipality to suspend, pursuant to Section 104.107(a)(1) of the Gas Utility Regulatory Act, the proposed effective date of said proposed changed rate schedules; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE , TEXAS: SECTION 1. That the effective date of the proposed changed rate schedules of TXU Gas Distribution is hereby suspended for a period of 90 days from the proposed effective date; SECTION 2. That the rate schedules of TXU Gas Distribution in effect within this municipality on the date on which TXU Gas Distribution filed its said Statement of Intent shall continue in force during the period of suspension provided in Section 1 hereof. SECTION 3. That the Secretary of this municipality is hereby directed to deliver a copy of this Resolution to TXU Gas Distribution promptly after the passage hereof. SECTION 4. It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public and that public notice of the time, place and purpose of said meeting was given, all as required by law. PASSED AND APPROVED at a Regular Meeting of the City Council of the City of , Texas on this the day of , 2001. ATTEST: Secretary P I Mayor City of Southlake, Texas MEMORANDUM March 2, 2001 TO: Honorable Mayor and City Council FROM: Bruce Payne, Acting City Manager SUBJECT: Resolution No. 01-014, a resolution of the City Council of the City of Southlake, Texas supporting the principle of a locally controlled, level playing field for economic development in the State of Texas Action Requested: Consideration of Resolution No. 01-014 Background Information: The City of Grapevine is opposed to the development of tax exempt land that will be placed on the market in direct competition with privately held property. Moreover, the City has serious concerns about the Airport engaging in non -airport related economic development activities on land that was originally secured as a buffer for noise and safety purposes. Grapevine is seeking support from neighboring cities opposing DFW's plans to make such land available for economic development, given their unfair advantages in the areas of land use controls, property taxes, and land pricing. Financial Considerations: None related to this resolution. Citizen Input/ Board Review: None, however the Metroport Cities Partnership has discussed this impact and will likely support this initiative in the future. Legal Review: The City Attorney has reviewed Resolution No. 01-014 Alternatives: Support the resolution, modify and support the resolution, or take no action on this request. Supporting Documents: Letters from Roger Nelson, Grapevine City Manager dated January 25t' and February 9t', 2001. Staff Recommendation: Staff recommends the approval of this resolution. Our close proximity to DFW airport and the types of uses they are considering will likely create competition having unfair advantages over opportunities in Southlake. 9A-1 City of Southlake, Texas RESOLUTION NO. 01-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, SUPPORTING THE PRINCIPLE OF A LOCALLY CONTROLLED, LEVEL PLAYING FIELD FOR ECONOMIC DEVELOPMENT IN THE STATE OF TEXAS. WHEREAS, the economy of Texas, and especially the Dallas -Fort Worth Metroplex, has flourished in recent times due to the aggressive and sensible economic development efforts of a myriad of locally inspired leaders that reflects the diversity and values of each independent community; and WHEREAS, the continued strength and growth of the Texas economy is contingent upon the support of the Texas Legislature in maintaining a fair and level playing field upon which cities across Texas may equally compete for new business development; and WHEREAS, any effort by a governmental entity to seek legislative relief in order to avoid compliance with fair business attraction practices should be summarily dispatched by the Texas Legislature and vigorously opposed by all Texas cities competing for new business opportunities for their citizens; and WHEREAS, DFW is attempting to put more than 5,000 acres of publicly held land on the commercial marketplace which is not subject to the same taxing limitations or zoning regulations as any other private development; and WHEREAS, this will not only create an unfair economic development attraction mechanism favoring the cities of Dallas and Fort Worth to the detriment of their own existing private property owners, but will also seriously impede surrounding cities' ability to market new commercial projects in their own cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That it is fundamentally wrong for the cities of Dallas and Fort Worth, through the land holdings of DFW Airport, to compete with privately owned properties for commercial developments that must pay taxes at the full market value and be subject to local zoning oversight, and. ctA --z Resolution No. 01-014 Page 2 SECTION 2. That the ability to publicly develop projects subject only to leasehold improvement taxes and exempt from all local municipal development and zoning controls is fundamentally inconsistent with fair and equitable business practices and sound business judgment, and SECTION 3. That the cities of Texas should unite in opposing DFW Airport's attempt to persuade the Texas Legislature to create for DFW Airport alone an economic development incentive measure that no Texas city may compete against and no Texas developer may match, and SECTION 4. That the use of publicly held airport land for the development of office, retail and industrial uses that compete with private property owners is inconsistent with the principles of a free market economy, and SECTION 5. That the Texas Legislature is hereby urged to reject any attempts by DFW Airport to acquire unfair economic incentive advantages which will flood the market with vast amounts of land with permanently reduced taxes and zoning exemptions, thereby damaging the value and marketability of existing developable land and available lease space in North Texas. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE ON THIS DAY OF , 2001. ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy APPROVED AS TO FORM: City Attorney 0 of A -3 January 25, 2001 Mr. Billy Campbell City Manager City of Southlake 1400 Main Street, Ste. 460 Southlake, T 760)9e- Dear�mpbelN In 1997, the Cities of Euless and Irving agreed to share their tax revenues from DFW Airport with the Cities of Dallas and Fort Worth in exchange for the development of Airport property in their respective cities. This year, the Airport Board and the City Councils of Dallas and Fort Worth have set as one of their top legislative priorities to seek passage of a bill to require the Cities of Coppell and Grapevine to share their tax revenues with the Cities of Dallas and Fort Worth. Both Grapevine and Coppell have refused to voluntarily enter into such agreements with the Airport's owner cities in the past because the Airport property in question holds two key advantages over every piece of private land in every city across the Metroplex. First, the land is subject only to its leasehold value in the calculation of ad valorem taxes, creating a permanent tax incentive for any office or industrial user interested in leasing space. Second, it is completely free from any and all local zoning control. We believe quite strongly that to put this land on the market will result in the loss of value for all private development property in every city in the Metroplex. In a February, 2000 article in the Dallas Business Press, it was noted that the 3300 acres available in Euless and Irving accounted for 103 years of office absorption, 33 years of retail absorption and 20 years of industrial absorption. The land use plan for this property is currently under consideration by the DFW Airport Board. Once adopted, the intent of the plan is to capture 10% to 15% of the retail, office and industrial market over the next 40 years. This will affect development in your community. I am enclosing copies of the Dallas Business Press article, the DFW Land Use Plan's market analysis and cost benefit analysis, as well as a resolution we would ask you to consider and send to your legislators. Sincerely, Roger Nelson City Manager (16W Enclosures IA-L4 City Manager's Office • P.O. Box 95104 • Grapevine, Texas 76099 • 817-410-3104 • Fax 817-410-3002 • http://www.ci.grapevine.tx.us _GR P� ME. r February 9, 2001 Mr. Billy Campbell City Manager City of Southlake 1400 Main Street, Ste. 460 S thl k TX 76092 FEB 1 4 2001 in ou a e, r i 1 -r Dear. �ampbel On February 6, 2001, Senator David Cain introduced SB569, which will force the Cities of Grapevine and Coppell to share two-thirds of all future revenue with the Cities of Dallas and Fort Worth. This bill will force upon Grapevine and Coppell the revenue sharing agreement that Irving and Euless chose to enter into. A copy is attached for your review. Please, call the members of your legislative delegation and ask them to oppose SB569. If passed, SB 569 will give the Airport the ability to start its development plan in Grapevine and Coppell. The owner cities have stated that until a revenue sharing plan is in place, they will not allow development in Grapevine or Coppell. As I mentioned in previous correspondence, DFW Airport is planning to develop three major commercial, industrial and retail areas on airport property. These developments are not subject to local zoning controls and the land is exempt from real property taxes. The taxes paid are on the value of the lease, which is roughly 10% of the fair market value of the land. This unfair competitive advantage that the Airport enjoys will be detrimental to every piece of private property in the Metroplex. Enclosed is a copy of an ad used by Trammell Crow to promote its D/FW 4 and 5 project. This ad was a part of the Airport Development Plan's documentation and promotes the tax savings any tenant will enjoy by locating on the Airport. The City of Grapevine is opposed to the development of tax exempt land that will be placed on the market in direct competition with privately held property. Moreover, the City Council and I have serious concerns about the Airport engaging in non -airport related economic development activities on land that was secured as a buffer for noise and safety purposes. The Airport removed a great deal of property from private ownership in order to prevent its development and protect flight paths. Interestingly, the need for a buffer zone seems to have been replaced with the need for office and retail space. I urge you to share this information with your City Council and to consider how this could impact the future of development in your city. Please, call your legislators and ask them to oppose SB569. If you have any questions please don't hesitate to call me at 817 410-3104. Thank you for your time and attention. Sincerely, Ro er Nelson City Manager t A—S City Manager's Office - P.O. Box 95104 • Grapevine, Texas 76099 • 817-410-3104 • Fax 817410-3002 • http://www.ci.grapevine.tx.us s City of Southlake, Texas MEMORANDIM February 22, 2001 To: Billy Campbell, City Manager From: Charlie Thomas, P.E., City Engineer, ext. 2175 Subject: Authorize the Mayor to execute a Residential Developers Agreement for the Simmons Addition. Action Requested: Authorize the Mayor to execute a Residential Developers Agreement for the Simmons Addition. Background Information: The final plat for the Simmons Addition, located in the Raintree vicinity, was approved on December 7, 2000. The Simmons Addition consists of 13 lots located on a cul-de-sac off of Brookwood Drive. This developer's agreement covers the construction of paving, drainage, water, and sewer improvements. Included in these improvements are pavement widening and drainage improvements at the intersection of Brookwood Drive and Raintree Drive. Also, the plans included an off -site water line connection to the existing water line in Rainforest Court to eliminate long dead-end water lines in the Rainforest Addition and in the Simmons Addition. The only issues in this agreement are requests by the developer for: 1) Waiver of administrative processing fees and inspection fees estimated to be S 17,287.20 to off -set cost of paving and drainage improvements off -site at the Brookwood Drive and Raintree Drive intersection estimated to be S 15,044. �) Reimbursement of one-half the cost of connecting the water line in the Simmons Addition and the water line in the Rainforest Addition. One half of that cost is S9,369.37. Financial Consideration: If both requests are granted, the total amount of City participation will be S26,656.57. Citizen Input' Board RevieNv: The Park Board recommends a Park fee in the amount of S 16,500. Legal Review: This is the developer's agreement originally drafted by the City Attorney. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Agreement Plat exhibit Staff Recommendation: Please place on the City Council agenda for March 6, 2001 for Council review and consideration. Staff Contact Person: Charlie Thomas, P.E., City Engineer, ext. 2175 Pedram Farahnak, P.E., Director of Public Works, ext. 2308 CT/ta 10A-2 Simmons Addition RESIDENTIAL DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, Fred Joyce - Mary Myers Enterprises, Inc. hereinafter referred to as the "Developer", of Simmons Addition, hereinafter referred to as the "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to eleven (11) of the thirteen (13) lots contained within the Addition and to the off -site improvements necessary to support the Addition. The lots are more particularly described as lots 1-6, and 8-12. It is understood that lot 7 and lot 13 are not owned by the Developer and are not included in this Agreement. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 44"0 of the lots, two (2), after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. Residential Developer Agreement 10A-3 1 Nq C. If Developer desires to obtain building permits for the construction of houses before the Addition is accepted, either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, Letters of Credit or cash escrow wi!! reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letters of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. Residential Developer Agreement 10A-4 2 E. Until the performance and payment bonds, Letters of Credit or cash `W escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost, See Section IV, A and B; b. Administrative Processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost, Section IV, A and B: C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; Residential Developer Agreement 10A-5 e. Any charges for re -testing as a result of failed tests; fir.. MR f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as "Builder" will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Residential Developer Agreement 4 10A-6 Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES A. ON SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. Residential Developer Agreement 5 10A-7 D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances. C. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at Residential Developer Agreement 6 10A-8 substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developers expense. All expenses must by paid to the City prior to acceptance of the Addition. Residential Developer Agreement 7 10A-9 G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as pg;;ds, aesthetic lakes, unique landscaping, walls, fences and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, etc. pond and lake improvements until such responsibility is turned over to a homeowners �. H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turred over to a the homeowners a s ; Q- y-,; a t 4 Q- R. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work, if Building Permits are desired. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Residential Developer Agreement 10A-10 8 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. lll. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Residential Developer Agreement 10A-11 9 C. Approval by the Director of Public Works or other City employee of `.. any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. Residential Developer Agreement 1 OA-12 10 F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Residential Developer Agreement 10A-13 11 I. Such drawings will be stamped and signed by a registered w.. professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF -SITE DRAINAGE In consideration of the fact that the Developer agrees to repave and widen a portion of Brookwood and rework the drainage according to the approved plans of the subdivision the City agrees to credit the developer in the amount of $15,044.00 toward the inspection and administration processing fees. See attached cost estimate from Wright Construction Company, Inc.. B. OFF -SITE WATER In consideration of the fact that the Developer agrees to loop the water lines from the Simmons Addition to the Rainforest Addition and that said loop will benefit both subdivisions the City agrees to v.. reimburse the Developer 1/2 of the cost ($18,738.75) of $9,369.37 as shone on the attached cost estimate from Wright Construction Company, Inc.. C. PARK FEES The Developer agrees to pay the Park Fee of $1,500 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately eleven (11) lots in the Addition, which would bring the total cost of Park Fee to $16,500.00. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. Residential Developer Agreement 1 OA-14 12 IR SIGNED AND EFFECTIVE on the date last set forth below. Signature: DEVELOPER: Mary Myers Enterprises, Inc. By: Fred Joyce Title: Address: Residential Developer Agreement 1 OA-15 li Date: `w STATE OF COUNTY OF On , before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: ,"' CITY OF SOUTHLAKE, TEXAS go Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 1 OA-16 14 L■ REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 10A-17 l WRIGHT CONSTRUCTION CO., INC. 601 NK «'ALL ST. GR-APEN'I\E, TEXAS 76051 (817)481-2594 PROPOSAL TO: Fred Joyce JOB: SIMMONS ADDITION DATE: February 13, 2001 CITY: SOUTHLAKE ITEM _—. - = __ - NO - _ DESCRIPTION UNIT QTY UNIT PRICE TOTAL AMOUNT OFF SITE PAVEMENT IMPROVEMENTS RAINTREE DRIVE 1 HMAC PAVEMENT WIDENING SY 190 $49.00 $9,310.00 2 LIME STABILIZATION SY 250 S2.00 S500.00 3 LIME i TN 4 S121.00 $484.00 4 5 SAWCUT REMV EXISYj-'15" RCP LF 135 $2.20 $297.00 6 18" CL III RCP LF 105 S21.00 S2,205.00 7 18" SLOPE PROTECTION LF EA 14 S42.00 3588.00 8 REMV EXIST HDWL/CONN TO RCP EA 1 1 S900.00 $900.00 $760.00 S760.00 TOTAL: $15,044.00 OFF -SITE WATER CONNECTION 1 8" DR-18 PVC LF 400 S15.00 S6,000.00 2 8" PVC BY BORE LF 60 3148.00 $8,880.00 3 8" X 8" TAPPING SLEEVE & VALVE EA 1 S2.910.00 $2,910.00 4 C.I. FITTINGS TN 0.125 S2,950.00 $368.75 5 TESTING EA 1 5540.00 3540.00 6 TRENCH SAFETY LF 400 S0.10 340.00 TOTAL: $18,738.75 City of Southlake, Texas MEMORANDUM May 9, 2000 TO: Charlie Thomas. City Engineer FROM: Kevin Hugman, Director of Community Services SUBJECT: Recommended Park Dedication Requirements — J. Whitman Survey, Abstract Number 1593 (Simmons Addition) At their May 8, 2000 meeting, the Parks and Recreation Board considered a recommendation to accept the payment of feesy in lieu of parkland dedication as meeting the park dedication requirements for the J. Whitman Survey, Abstract Number 1 593 (Simmons Addition), an eleven (11) dwelling unit residential development. The required land dedication for this development is 0.28 acres or $16,500 in fees in lieu of land dedication. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." • The Parks and Recreation Board approved a recommendation to the City Council to approve that the park dedication requirements for this development be met through payment of fees in the amount of S16,500 in lieu of parkland dedication. The Parks and Recreation Board voted 7-0 to approve a recommendation to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for this development. Please contact me if you have further questions. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. KH CC: Malcolm Jackson, Chief of Building Services Karen Gandv, Interim Planning Director 1OA-19 nlR A A/1& 1e% A nni-rv&-%. i M 10A - 20 lit 8 it t ItIt if T-1 I! it -1 i it it it ij i it 1 91 1 1 i Hidll t T-1 IN. N, list f 64 I ft litpi E 7z F E if jj�-2Z 11 it fill ji i I f III! y tJifEEI mil ii it I it it it 1,11 it ii 6. To V. 4: -6 1. A. 9� — V) I j -1. It t jib! M ilu jz!: W W, fil. I ii j i iii.,j, hiji: I*1 - - It'll' I I lit 21, lit!b= pepHE J�j N ti yi ------------ .......... 1 OA-21 GOIVmcztlif SHALL ZnVAl'8. WfM MUM CAMON' SO AS NOT � DL'S7TIR8 PBIVATB lRRt(.ITI(11N/LIMCAPING >•II311N R.O.>I AIL` JAA1 R HEIMEIMM MUM SR4U BB AWUISrJM TO MAL GRAD& - VOL 1`4261, G. 18 ND D.R,T.C.T CAUTION I11 ADJUST WATBB YE9'SB BOX k IRRIGATION STA 0+70 SYMM TO MAL GRADE STA 3+00 p11 ADJW 11 NiATM MLW ` S7 L 1+46.65 CR. STA 2+49.62 C.R. CONSMUCT le-V wo ! `\ ET i-- TCi588.10 T C - 589.64 & 14 LF'. 180 RCP 0 1.Ox ; f f 1i�,' SANCIIT ALOt�If EWE Of _ - FL 58?-a3 DRIVE EX. I COW. r 3010O PSI 40 � s � _ - ..... _ ... - � E7�S11NG ASPHALT ANT_" EXIST. Ra SLOPE PROTEC11GMY (SEE DIETAIC .1hkS SHEE1j '� M $ BROOKWOOD DRIVE w11j ® { 5_At " REM EX. IS" R%P , - P( fI = 585./1 - - - _ C = 587.500 PP w1wop WAl . ►�' ais� t -ssn DL S'' IRR. RMAOU 1 E W/LIGHT �4: �f"H o-YVES_ EX. le RCP W;!r PP W/CABLE UG & 516 V: GUYS r Nt:. GUY WIRES RF \ HDWLC W,Y��:w'-,; �; rcF (TO BE RQOCAIED 7.98'f .. � OV PROP. 6' CURB fl = 585.56 BY OTHERS) PAV TC: - 589,4 PAV. STA 1 + 1 CR. iC MT PVAIT, EZEY = 589f - GRADE PARKWAY AS TC = 59t.15 i - •'' ' t NECESSARY Tn DRAON BE DPP ` t 1 7.5 OCATED CILM LMK 4 1 (4:1 A/AX) �BY OTHERS) FENCE _ CL CtRW 04TA C-1 PAV. STA 1 + 1259 p� P.C. STA 1+55,30 TC - 591. 0 TC ! P.T. STA 2+1236 d - 06'33'S4' PAV. STA 1+55.30 AI ! R - 5OQOO = 59238 TC BRICK MAIL ! T = 28 68 PAV. STA. 1 +55.30 c1 y PAY. Bek L = 57.29' 7C - 592.73 TC CB - S 04'06'18' E ' z Ch - 57.26' O ® CL CURVE DATA C-2 _ A + 1 .36 S` P.C. STA.2+ 1236 PAY. � PAY P.T. STA 2+69-52 TC - 594.99 TC d = 06'33'54' j R - 500.00' T - 2168' PAV. STA +6 .51 PAV. L - V-B' TC = 598.86 CS = S 0, 06'18' E PP Ah - 57.26' & GUYS BILL WIRK HUB&IRD (TO BE RELOCATED BY OT us) VOL. 11376, PG. 962 D.R.T.C,T. 1,01't ' I 9 'f 0.805 ACRES 10 BLOCK 1 I } 1 OA-22 I;immnn-q Ariditinn oA � Waterlines.shp Parcels.shp City of Southlake, Texas NIE�I0RANDUM February 22, 2001 To: Billy Campbell, City Manager From: Charlie Thomas, P.E., City Engineer, ext. 2175 Subject: Approval of a revision to the previously approved "Partial" Developer Agreement for Cornerstone Plaza and South Nolen Drive. Action Requested: Approve a revision to the previously approved Partial Developer Agreement for Cornerstone Plaza and South Nolen Drive. Background Information: On February (, 2001, the Council authorized the Mayor to execute a "Partial" Developer's Agreement for Cornerstone Plaza and South Nolen Drive. As part of the "Partial" Developer's Agreement, the Council agreed to give the developer credit for roadway impact fees for Cornerstone Plaza and agreed to reimburse the developer future roadway impact fees collected on the property along the west side of South Nolen Drive when those properties develop. The developer is now requesting that the City Council change the credit for roadway impact fees in Cornerstone Plaza to a reimbursement of those fees to the developer when the roadway impact fees are paid at the time the building permit is acquired. Financial Consideration: Builders pay impact fees, not developers. There is no difference in money to the City. Citizen Input;' Board Review: None. Legal Review: None. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Revised agreement. 1OB-1 Staff Recommendation: ?'ease place on the City Council agenda for Mai - Recommendation: 'view and consideration. Jt.;ff Contact Person CT/ta :rlie Thomas, P.E., City Engineer, ext. 2175 ,-,m Farahnak, P.E., Director of Public Works. r Council CORNERSTONE PLAZA / SOUTH NOLEN DRIVE PARTIAL COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of CORNERSTONE PLAZA / SOUTH NOLEN DRIVE, hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off -site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City Commercial Developer Agreement 1 1013-3 acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Trench testing (95% Standard); b. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; C. Any charges for retesting as a result of failed tests; d. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. Commercial Developer Agreement 1 OB-4 2 The City can delay connection of buildings to service lines or `"�► water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition, which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan. Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON -SITE WATER Commercial Developer Agreement 1013-5 The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. Commercial Developer Agreement 108-6 4 e k%.. C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. Commercial Developer Agreement 10B-7 5 It is understood that in every construction project a decision �... later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this i:,stallation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of ar 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. Commercial Developer Agreement 108-8 6 F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall net be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Commercial Developer Agreement 1013-9 7 5. The Developer, or Contractor, shall furnish to the City a �..- policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL_ INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (:NCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNIEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISiN, G OUT OF OR IN CONNECTION WITH, DIRECTLY CAR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Commercial Developer Agreement 8 10B-10 C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, Servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. Commercial Developer Agreement 1 QB-11 9 F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES A. All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-B. B. Requests for associated Credits, Waivers and Reimbursements from the City are presented within the attached "Developer's Agreement Worksheet" (Attachment A - 3, page 2), which upon completion and approval of both parties to this Agreement shall constitute the final agreement between the parties pursuant of these matters. Off -site roadway and utility improvements, Inspection and administrative fees, Park fees, and other associated items shall be addressed within this Attachment. C. Construction of South Nolen Drive as provided for within this Agreement shall include that portion of South Nolen Drive beginning at the intersection of South Nolen Drive with Southlake Boulevard, extending to and connecting with the existing portion of South Nolen Drive currently terminating at Crooked Lane. D. All costs involved in the construction of South Nolen Drive and the installation of associated utility improvements shall be paid by the Developer, subject to reimbursement for a portion of these costs by the City as provided for within this Agreement. The Developer has submitted Construction Plans to the City providing for full construction of South Nolen Drive. E. The Developer requests that the City proceed immediately upon completion of Nolen Drive with the process for abandonment of all rights and possession of property within the Right of Way for Crooked Lane. F. The Developer requests the assistance of the City in pursuing and expediting cooperation from TxDOT in correction of the hazardous Commercial Developer Agreement 10 1 OB-12 IR ditch condition currently presented within the TxDOT right-of-way on the south side of Southlake Boulevard (F.M. 1709). City assistance in this regard shall not entail City participation in cost factors involved, but in assistance in procurement of the necessary approvals and coordination of activities required with TxDOT. G. The Developer requests the assistance of the City in requesting relocation of existing utilities currently installed along Crooked Lane, and adjustment or relocation of any utilities required due to construction of the deceleration lane being constructed at the intersection of F.M. 1709 and South Nolen Drive. H. PARK FEES: The Developer agrees to pay the Park fee of $800 per acre, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately 9.55 areas in the addition, which would bring the total park fees to $7,640.00. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Par - 3 Properties, LLC ME Title: Manager Address: 2810 Market Loop, Suite 100 Southlake, TX 76092 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to Commercial Developer Agreement 11 10B-13 me that he executed the same in his authorized capacity, and that by his •• signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Commercial Developer Agreement 10B-14 12 N REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are me?. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Commercial Developer Agreement 13 1OB-15 O O z 0 ui > rc 2 52 Z C,� -uj >- :E,x .. Z z z x o Z 0 U) E3 City of Southlake, Texas M 61M MENI0RANDUNI January 31. 2001 TO: Charlie Thomas. Citv Envineer FROM: Chris Carpenter. Senior Park Planner SUBJECT: Recommended Park Dedication Requirements — Cornerstone Plaza At their January 8. 2001, meetinv. the Parks and Recreation Board considered a recommendation accept the pavment of tees in lieu of parkland dedication as meeting the park dedication requirements for Cornerstone Plaza, a 9.5-7, acre non-residential development. The required land dedication for this development is .19 acres of park land. The equivalent in park dedication fees for this addition, at S800 per gross acre (x) 9.55 acres is 57,640. Section 7.05(A)(1) of the Cite of Southlake Subdivision Ordinance states the following: --The Cin Council shall. upon recommendation by the Park Board, determine the applicability: of a developer's pavment of fees in lieu of the land dedication requirements of this section." ■ The Parks and Recreation Board approved a recommendation t._) the Cite Council that the park dedication requirements for this development be met through payment of fees in lieu of parkland dedication. The Parks and Recreation Board at their January 8. 2001, meeting approved a recommendation (6- D ) to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for this de% elopment. Please contact me if you have further questions. Aso note that the orivinal fee noted to the Park Board was in error (S l 1.460. based on a S i ,00 per `_ross acre fee). The fee assessed in this memo corrects the value per gross acre at 5800 and the total at 57,460. Please note also that Section 1.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the Cih, Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further reviely oj' a particular development or changes to the proposed development that affect the fee criteria, if any. CLC \lalcolm Jackson. Chi.-: of Buildin<7 Services Bruc.- Payne. Plannin_ Director he ir. H iuman. Community Services Director 1OB-17 CORNERSTONE PLAZA / SOUTH NOLEN DRIVE: Developer's Agreement Worksheet - 6 February, 2001 Page: 1 of 3 Roadway Dedication via Final Plat (Attachment A - 2) Offsite Improvements (Attachment A - 4) Excavation & Lime Stabilization Storm Drainage Water Sanitary Sewer Paving Pavement Markings Layout: Total Roadway Improvements (less Water and Sanitary Sewer) Total Utility Improvements (Water and Sanitary Sewer) : Total Roadway & Utility (Off -Site) Improvements: City Inspection Fees (Construction, S. Nolen Drive) : City Administative Fees (Construction., S. Nolen Drive) Cornerstone Plaza, Roadway Impact Fees (estimated) Cornerstone Plaza, Water & Sewer Impact Fees (estimated) : Bid Award: S101,794.00 $58,267.00 S50,000.00 S57.200.00 S211,65C.00 S9,100.00 S3.365.60 Cornerstone Plaza, Reforestation Fees Cornerstone Plaza, Park Fees : South Nolen Drive R.O.W. Contribution (acquisition basis = S7.80/SF) TOTAL DEVELOPER CONTRIBUTIONS & EXPENDITURES, SOUTH NOLEN DRIVE & CORNERSTONE PLAZA 10B-18 ATTACHMENT A - 3, Page 1 74.122 SF $384,176.60 $107,200.00 $491,376.60 S11,586.51 S7.724.34 $66,146.37 S51.360.00 S7,640.0C $578.151.60 $1.213,985.42 CORNERSTONE PLAZA 1 SOUTH NOLEN DRIVE: Developer's Agreement Worksheet - 6 February, 2001 City Waivers, Credits and Reimbursements : City Inspection Fees (3%) Construction, S. Nolen Drive : City Admin Fees (2%) Construction, S. Nolen Drive : Park Fund Fees (Cornerstone Plaza) : CREDITS (Cornerstone Plaza): Roadway Impact Fees: Water & Sewer Impact Fees: Reforestation Fees: REIMBURSEMENTS: Oversize Water main (12" v. 8"): Center turn lane excess paving Page: 2 of 3 $11. 8-6.51 $7.724.34 DENIED i $66,146.37, [---DENIED DENIED I $8.936.00 3342 SF @ $7.08 / SF) I DENIED 1 Future Impact Fees (Attachment A - 8): Shanklin, Williams, White tracts: 1) Shanklin Tract: (estimated) 2) Williams (West) Tract: 3) Williams (East) Tract: 4) E.C. White (East) Tract: TOTAL FUTURE IMPACT FEE REIMBURSEMENTS TOTAL WAIVERS. CREDITS & REIMBURSEMENTS: ACTUAL OUT-OF-POCKET DISBURSEMENTS, CITY OF SOUTHLAKE Oversize water line 10B-19 ATTACHMENT A - 3, Page 2 $39,679.91 $23.253.09 $10,400.92 $2, 089.02 $75,422.94 $169,O161ej $8, 936.00 CORNERSTONE PLAZA / SOUTH NOLEN DRIVE: Developer's Agreement Worksheet - 6 February, 2001 Page: 3 of 3 Summary, City of Southlake and Developer Contributions : Total Frontage, S. Nolen Drive: 2126.28 LF 100.00% Frontage, Cornerstone Plaza: 568.00 LF 27.56% Frontage, Other: 1540.28 LF 72.44% Roadway Improvements: $384,176.60 X 27.56% (Cornerstone Plaza) $105,879.07 Roadway Impact Fee Credit (Page 2): ! $66.146.37 $384,176.60 X 72.44% (Other development, future) $278,297.53 Future Roadway Impact Fee Reimbursement (Page 2): S75.422.94 Utility Improvements: $107,200.00 X 72.44% $77,655.68 Oversize Water Line Reimbursement (Page 2): S8.936.00 Overall Project (On- and Off -Site) Improvements: Roadway Improvements: S384.176.60 Utility Improvements: $107.200.00 R.O.W. Contribution (acquisition basis = S7.801'SF): S578,151.60 Required City Fees: $144,457.22 $1,213,985.42 DEVELOPER, TOTAL PROJECT CONTRIBUTIONS & EXPENDITURES: $1,213,985.42 TOTAL CITY WAIVERS, CREDITS & REIMBURSEMENTS: 1 $169,816.16 DEVELOPER TOTAL CONTRIBUTIONS, LESS CITY WAIVERS, CREDITS AND REIMBURSEMENTS: F $1,044,169.26 ACTUAL OUT-OF-POCKET DISBURSEMENTS, CITY OF SOUTHLAKE: ( Oversize water line LESS Park Fees required to be paid by Developer ) 1 296.00 1 10B-20 ATTACHMENT A - 3, Page 3