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1999-05-18 CC Packet
City of Southiake, Texas MEMORANDUM May 14, 1999 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting May 18, 1999 Note: Financial Reports are not yet ready for your review as we have not yet received the sales tax report from the State. We will attempt to provide the reports to you on Tuesday. 1. Agenda Item No. 4B. City Manager's Report. You will notice that three specific items have been listed for discussion during my report on Tuesday. Your packet contains support documentation for each. The following items will be discussed briefly: • Cross Timber Hills Neighborhood Sewer Project. Your packet contains a letter drafted by Capital Projects Engineer Shawn Poe regarding the easements still needed for this project. We have not yet sent the letter, but we plan to as soon as we discuss the progress of the project with you. We must continue to emphasize the need for obtaining the necessary easements - by discussing it during my report we will be able to "disseminate" information through the cable channel. The more time that goes by, the more it may be necessary to strengthen our resolve to acquire the easements. That is, we are quickly approaching the point where condemnation of easements is necessary if we wish to complete the project as planned. Perhaps your discussion of the condemnation option will provide the pressure needed to convince property owners to sign the easements. We will be prepared to answer any questions you may have on Tuesday evening. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 2 Note that a copy of a letter from Shawn Poe to David Baltimore is attached to my memo. Since Mr. Baltimore raised the issue at the SPIN meting, I thought the letter might be of some interest to you. Mr. Baltimore's easement has not yet been signed because requested revisions are not yet complete. Cheatham plans to have the easement document to Mr. Baltimore next week. • Project Prioritization. Included in your packet is a memo from Director Last regarding Step 1 of the annual project prioritization by City Council. This is not on the agenda but will be mentioned during my report. After the elections and prior to the June retreat we go through a process to determine the collective interests of City Council as it pertains to the priorities for several different projects. The memo describes the process in sufficient detail. Note that we are not asking you to rank anything at this time, just review the material for any project additions or revisions. We will forward the material again for you to actually begin ranking. Feel free to contact me, Greg, or any of the directors regarding individual projects or the process as a whole. • Emergency Notification Project. It is my understanding that many of you have received calls from residents concerned about the City's ability to notify them in the event of threatening weather. Given recent weather-related emergencies, Southlake residents are naturally interested in our ability to warn them of weather events. Many have inquired about outdoor warning systems. We have not pursued this as a viable option for Southlake because we believe there are significant drawbacks to this option, including the effectiveness and cost of the system. - - L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 3 Director Campbell and his staff have been researching the possibility of using pagers as a means of emergency notification. A memo describing this approach is included in your packet under reports. He will briefly describe the proposed program to you on Tuesday. While we are not yet ready to determine specifics or to move forward at this time, the questions you have been receiving warrant attention during the meeting. 2. Agenda Item No. 5A. Approval of Minutes of the Regular City Council meeting held on May 4 and the Special City Council Meeting held on May 4, 1999. The minutes are included in your packet. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 3. Agenda Item No. 5B. Revisions sions to Park Use Policy regarding Rustin Park pavilion and other miscellaneous items. The Park Board unanimously approved the revisions to the policy last Monday evening. This policy provides a framework for the orderly use of park facilities. The changes to the policy ensure that the provisions apply to the pavilion at Rustin Park, and "clean up" or update the policy to reflect the current situation (e.g., changing the name of the Department to Community Services). Please let Kevin Hugman or Steve Polasek know if you have any questions about this item. 4. Agenda Item No. 5C. Resolution No. 99-32, Supporting concept of equestrian trail around Lake Grapevine and endorsing the Southlake Equestrian Association's grant application for improvements to the Bob Jones park trailheads and Walnut Grove trails. This resolution accomplishes two things. First, it formalizes support for the development of an equestrian trail to completely surround Grapevine Lake. This is .., a project being pursued by several cities in partnership. Note that virtually the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 4 entire Southlake portion of the trail is already in existence, but lending Southlake's support to the project shows our willingness to assist Southlake equestrians who have an interest in the bigger system. Park Board members Cara White, Dick Anderson, and Sherry Berman have been involved with this project and clearly support the effort, as does the full Board. The resolution also includes language for your support of a grant application by the Southlake Equestrian Association for improvements to Bob Jones Park and Walnut Grove Park. It is staffs understanding that the group has plans to improve the trails and trailheads, but we don't yet have much specific information. Since this grant application delineates how public (City) property will be used, it is necessary for City Council to formally endorse the effort to obtain grant funding for the project. (kw Normally, you would make this decision with a formal recommendation from the Park Board. Timing did not permit placement of a resolution on the Park Board agenda for consideration, but Deputy Director of Community Services Steve Polasek described the effort to the Board during the Administrative Comments portion of the meeting. All indications were that the Park Board supported the effort. As such, Resolution 99-32 was amended to include endorsement of the grant for your consideration. Please let Steve know if you have any questions about this item. 5. Agenda Item No. 5D. Resolution No. 99-33, Request to TxDOT for traffic improvements for Southlake boulevard (F.M. 1709). You will recall that earlier this year we took TxDOT District Engineer Steve Simmons suggestions for improving the traffic flow along FM 1709. Some of our suggestions were well- received, such as the concept of dual right turn lanes from northbound Kimball onto eastbound lanes on S.H. 114, lead/lag signal changes at FM 1709 and Kimball, etc. (ki,,.. (See the correspondence included with Item 5D in your packet for details.) Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 5 TxDOT staff rejected other issues such as permissive left turn options at signals. This reaction was not unanticipated, since TxDOT staff decisions tend to be conservative engineering considerations. We have always discussed, however, your ability to apply political pressure to bring about some of the desired changes. The resolution you will be considering on consent agenda formalizes your position on FM 1709. We have included all of the items originally requested, but not approved. (NOTE: We have also included the dual right turns onto SH 114 in the resolution since TxDOT staff has begun to express concerns upon examining traffic counts and other aspects of the traffic study.) Through this resolution, we will apply pressure through the political process. We need clear direction from Council on each item. I anticipate the need to fully discuss this item during work session, at which time you can direct staff on which items to pursue. In the meantime, please let me or Bob Whitehead know if you have any questions on this item. 6. Agenda Item No. 5E. Request for a variance to Subdivision Ordinance No. 483-G, Section 4.01(I)2 (Plat Expiration), extending the validity of Case No. ZA 96-153, Final Plat - Southlake Woods Phase 1. On December 5, 1996 the Planning and Zoning Commission approved the Final Plat for this development and on January 6, 1998 the City Council approved a one year extension for the plat. This plat has not yet been filed in the County Plat Records and expired on January 7, 1999. Due to a re-sequencing of the construction phasing of the development, construction for �.,, this phase has not begun. Although not required, it has been a recommendation of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 6 the city staff that final plats not be filed with the County until completion of the public infrastructure (i.e., streets and utilities). This is to ensure adequate widths and alignments for the rights-of-way and easements are provided based on the "as- built" construction. The City has asked the developer to file this plat in order to provide the right-of-way dedication needed for the planned improvements to Continental Boulevard. The developer, Toll Brothers, Inc., has agreed and is requesting a 90 day extension of the validity of the final plat from the date of City Council action upon this request. Because this plat has expired a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483-G (shown below) will be required if the extension is to be granted. Feel free to contact Dennis Killough regarding this item. 7. Agenda Item No. 5F. Request for a variance to the Subdivision Ordinance No. 483-G, Section 4.01(I)2 (Plat Expiration), extending the validity of Case No. ZA 97-10, Final Plat - Southlake Woods, Phase 2. On February 20, 1997 the Planning and Zoning Commission approved the Final Plat for this development and on January 6, 1998 the City Council approved a one year extension for the plat. This plat has not yet been filed in the County Plat Records and expired on January 7, 1999. The circumstances of this request are the same as the previous agenda item (Item 5E). Feel free to contact Dennis Killough regarding this item. 8. Agenda Item No. 5G. Authorize the Mayor to execute a commercial developer agreement for Lot 3, Block 1, Perry Allen Addition (Taco Bueno). This developer agreement is "standard" and covers the small amount of public infrastructure needed for Taco Bueno's development. Please let Charlie Thomas know if you have questions about this item. 9. Agenda Item No. 5H. Ordinance No. 748, 15t Reading, authorizing and allowing "Updated Service Credits" in the Texas Municipal Retirement System on an annual Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 7 basis and to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City. As explained in the memo from Director of Human Resources Lauren Safranek, this ordinance establishes the TMRS contribution rate at 7%, up from 6%, approved as part of your mid-year budget amendment. Although your budget amendment provided for the allocation of funds for this purpose, the Texas Municipal Retirement System requires that an ordinance be adopted to formally affect the change. In addition to increasing the contribution rate, the ordinance provides for authorization of updated service credits. Updated service credit improves retirement benefits by using an employee's average monthly salary over the most recent three year period (not including the current year), and recalculating their (or retirement credits as if they had always earned that salary, and made deposits to the System, matched by the city, on the basis of that salary and contribution rate. Updated service credit is the means used to keep employee retirement benefits in line with the effects of inflation. This item has been included in the ordinance because it is necessary to adopt the updated service credit provisions any time you make changes in your retirement plan if you want to provide the full benefit. The ordinance also provides for annuity increases for those persons who are retired and are receiving a monthly annuity from the system. Southlake currently has three retired persons in its system. The cost of the increased contributions, updated service credits, and annuity increases were included in the budget amendment you approved at mid-year. Lauren will not be in attendance at the Council meeting, due to an unavoidable conflict. However, she will be in the office on Monday afternoon and can answer your questions at that time. She will be present at the Council meeting for the (lbw- second reading of the ordinance on June 1. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 8 10. Agenda Item No. 5I. Ordinance No. 745, 1S` Reading, abandonment of rights-of- way on North Carroll Avenue. This ordinance is coming to you at this time because we have almost completed our construction work on the realignment of North Carroll Avenue. You will recall that we entered into agreements with Cooper and Stebbins, as well as Dr. Mendez, for the exchange of right-of-way to complete this project. This ordinance releases our interests in the portion of the right-of-way that will be returned to them. Note also that a portion of the right-of- way will be released to Mr. Juergan Strunck, under agreement with Cooper Stebbins. Questions about this item should be addressed to Director of Engineering Services (tate Ron Harper. 11. Agenda Item No. 5J. Ordinance No. 740, 2' reading, authorizing the issuance of "City of Southlake, Texas, Tax and Tax Increment Surplus Revenue Certificates of Obligation, Series 1999." Although the Attorney General has been in discussions with Bond Counsel Ed Esquivel, this issue is not resolved to the point where we feel comfortable with your final consideration of the ordinance. As such, we have once again placed the item on consent agenda for tabling. FYI, the AG identified several questions related to the bond sale and has been working with Mr. Esquivel to resolve concerns. One of the issues identified is the configuration of the TIF. In summary, the AG is questioning the legitimacy of the "fingers" of the TIF District boundaries. It is a very real possibility that he may not concur with our configuration. In that event, we may have to (once again) amend the boundaries of the TIF and delete projects located in the "finger" areas Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 9 from the project and financing plan. We will continue to work with the Attorney General on this issue. 12. Agenda Item No. 7A. Design alternatives for the reconstruction of Continental Boulevard, Phase I, from Davis Boulevard to Peytonville Ave. The staff memo in your packet recapitulates events leading up to this agenda item. Note from the memo the reference to the SPIN meeting held on May 6 at Carroll Elementary. The memo points out that no clear-cut consensus could be reached as to the "preferred" design for the roadway improvement. Those of you at the joint SPIN Standing Committee/City Council meeting last night, May 11, heard Michael Boutte say the same thing about the May 6 meeting. Given the sensitivity to the issue, staff will be prepared to discuss all design options but needs City Council direction before proceeding forward with the project. 13. Agenda Item No. 7B. Ordinance No. 480-310, 2nd reading (ZA 99-021), rezoning of approximately 5.386 acres from AG to RE. This property is located on the west side of N. White Chapel Blvd. approximately 400' south of Bob Jones Road. The property is an existing single tract of approximately 5.386 acres. The applicant has submitted a single lot Plat Showing to the City for staff approval. The width of the tract does not meet the minimum 300' required by the "RE" District development regulations. The existing lot width is approximately 270'. The Zoning Board of Adjustments approved a variance to this requirement (5-0) on April 29, 1999. There are no other issues regarding this request. Planning and Zoning Commission recommended approval (4-0) on April 22, 1999 contingent upon the Zoning Board of Adjustment's approval of the lot width variance. The City Council approved first reading (5-0) on consent, May 4, 1999. Feel free to contact Karen Gandy or Dennis Killough regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 10 14. Agenda Item No. 7C. Ordinance No. 480-311, 2' Reading (ZA 99-031), rezoning of approximately 2.00 acres from "AG" to "SF-1A." This property is located on the south side of Emerald Boulevard approximately 200' east of Pearl Drive within the Diamond Circle Estates residential development. The requested zoning change is on a 2.0 acre portion of a 4.889 acre tract. The proposed rezoning parcel fronts into the Diamond Circle Estates residential development. The applicant has indicated his intent to file deed restrictions on the property identical to those for Diamond Circle Estates. The applicant intends to develop the remaining portion of the tract that fronts Southlake Boulevard as an "Office Commercial" use and will be submitting a rezoning and concept plan application once a user is found. A Preliminary Plat is currently in process that proposes two 1.0 acre residential lots (111., fronting Emerald Boulevard and a single "AG" lot fronting Southlake Boulevard. The Planning and Zoning Commission recommended approval (4-0) acknowledging the applicant's intention to file deed restrictions identical to those for Diamond Circle Estates and encouraging him to file them prior to this case coming before the City Council. A copy of the proposed deed restrictions and covenants is included in your packet. Since deed restrictions and covenants normally reference the recorded plat of the subdivision, it is the applicants intent to record the deed restrictions and covenants after the final plat has been approved and recorded with the County. The City Council approved first reading (5-0) on consent, May 4, 1999. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 15. Agenda Item No. 7D. Ordinance No. 480-FF, 1`' Reading Revisions to the Zoning Ordinance No. 480, as amended. This item proposes minor revisions to the City's Zoning Ordinance to address the recent administrative changes made regarding application processing procedures. The memo and ordinance in your packet describes the background and proposed changes. The Planning and Zoning Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 11 Commission recommended approval (6-0) on March 4, 1999. The City Council approved first reading (5-0) on consent, May 4, 1999. Feel free to contact Karen Gandy regarding this item. 16. Agenda Item No. 7E. Ordinance No. 483-H 2nd Reading Revisions to the Subdivision Ordinance No. 483, as amended. This item proposes minor revisions to the City's Subdivision Ordinance to address the recent administrative changes made regarding application processing procedures. The memo and ordinance in your packet describes the background and proposed changes. The Planning and Zoning Commission recommended approval (6-0) on March 4, 1999. The City Council approved first reading (5-0) on consent, May 4, 1999. Feel free to contact Stefanie Wagoner regarding this item. (kr 17. Agenda Item No. 7F. ZA 99-018 Site Plan for Dr. John Michael Tate's Office. This property is located on the south side of S.H. 114 approximately 400' northwest of its intersection with East Southlake Boulevard. The purpose for this site plan is to acquire a building permit for the relocation of a driveway and replacement of parking removed by the construction of Gateway Drive (Gateway Plaza Project). The future Gateway Drive crosses the southeasterly portion of this property and will be removing an existing driveway and 15 existing parking spaces. No improvements to the existing building are proposed. The plan proposes a new driveway accessing proposed future Gateway Drive, a total of 39 parking spaces and a dumpster pad with screening wall. There is an existing drive on the northeast portion of the site which is not constructed to meet the spacing and stacking standards of the Driveway Ordinance No. 634. The Driveway Ordinance requires compliance only where the traffic Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 12 impacting the driveway is expected to be increased by 20% or more. Since the existing traffic impacts on this driveway are being reduced by a reduction in the number of parking spaces accessed from this driveway, compliance with the Driveway Ordinance is not required. The Planning and Zoning Commission recommended approval (6-0) subject to the review amended as noted in the Staff Report. Feel free to contact Dennis Killough regarding this item. 18. Agenda Item No. 7G. Resolution No. 99-041, (ZA 99-007), Specific Use Permit for outside storage of plants or other greenery as part of a retail operation for Home Depot. This is a request for outside storage of Home Depot's overflow garden- related supplies which are now being stored in an area north of the existing Garden Center. The Site Plan associated with this request proposes a 13,452 square feet outside storage area located at the northwest corner of the property. A 10' masonry screen wall, a portion of which is existing, is intended to screen the view of the materials from S.H. 114. The Planning and Zoning Commission recommended approval (4-2) subject to the Site Plan Review, amended as noted in the Staff Report. Two of the more significant amendments restricted the stacking height of materials to 10' or not to be visible from S.H. 114, whichever is more restrictive, and placed an expiration date of July 1, 2000 on the permit. Vice Chairman LeVrier and Commissioner Sandlin dissented feeling that a two year time limit on the S.U.P was more appropriate. The time limit was put in place by the Commission to allow an opportunity for future review of the applicant's compliance with the conditions of approval. Feel free to contact Karen Gandy or Dennis Killough regarding this application. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 13 19. Agenda Item No. 7H. Ordinance No. 544-A, 2nd Reading, Amendments to Landscape Ordinance No. 544. You will recall tabling consideration of this item at your April 20 Council meeting. My memo from that packet included the following comments: You may recall receiving a draft of Ordinance No. 544 in February, prior to its consideration by the Planning and Zoning Commission. As noted in the packet memo, the P&Z approved the proposed ordinance (5- 1), with Commissioner Jones dissenting. The changes made by the P&Z are delineated in the staff memo. Please call Greg Last or Keith Martin if you have questions about this item. Please refer questions about this item to Landscape Administrator Keith Martin or his supervisor Malcolm Jackson. 20. Agenda Item No. 8A. Ordinance No. 735, 1" Reading, Requiring that persons under 18 wear a bicycle helmet while riding on public ways. This item has been placed on the agenda at the request of Councilmember DuPre. We know there is considerable interest in this item and suspect that there may be a contingency of interested parties at the meeting, so we did not place it on consent agenda. However, if it is your desire to move forward and limit discussion of the ordinance to the public hearing (second reading), you may wish to move it to consent on first reading especially if you are able to receive appropriate responses to your questions at work session. Recall that staff has worked with interested residents for the duration of the project. In November 1998 the Greater Southlake Women's Society presented a proposal to the City Council to pursue the adoption of an ordinance. There were subsequently three meetings held to discuss the proposed ordinance. The participants all agreed that there is a need for children to wear bicycle helmets, with the goal to educate Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 14 both adults and children regarding the importance of wearing helmets for bicycle safety. The area that met with distinct differences of opinion is related to the adoption of an ordinance. Others believe an ordinance is the best tool available to ensure bicycle safety rules are followed and enforced. Some residents believe that an ordinance is too intrusive to their daily lives; they feel the best approach is to ask the City Council to fund a program for the Public Safety Department to educate citizens regarding bicycle safety and encourage children to wear helmets. No consensus between the groups was reached even after some compromises were suggested. The memo from Deputy Director of Police Services Gary Gregg, and supporting documents clearly identify the issues before the City Council. As he discusses, your options include: • Adopt the ordinance as written or with modifications, such as to fine amounts and age limits; • Pass a resolution supporting the education efforts and monitor the program's effectiveness. Please contact Gary Gregg if you have any questions about this item. 21. Agenda Item Nos. 9A, 9B, 9C, 9D, 9E, 9F, and 9G. Appointments. Your packet contains several pieces of information for each of the boards that require new appointees, including a cover memo from City Secretary Sandy LeGrand (describing the vacancies), the appointment resolution, and all of the applications received by her office for each position. It is my understanding that you plan to interview prospective candidates on Monday night. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 15 Since the only issue for Executive Session that will require your direction on Tuesday evening is the Westlake lawsuit issue and ancillary matters (e.g., services to Solana), you should have some time during the "early" Executive Session to contemplate appointments. If you establish where you are going with these resolutions they may, of course, be added to the consent agenda. 22. Agenda Item No. 9H. Resolution No. 99-34, TxDOT Major Investment Study for improvements to SH 114/SH 121. The memo from Public Works Director Bob Whitehead succinctly reviews the status of this item. A majority of Councilmembers attended the April 27 public meeting in Grapevine, and the issue was briefly discussed at the May 4 Council meeting. Resolution 99-34, if approved by City Council, will establish your position of officially requesting of TxDOT to add the express lanes, along with the general purpose lanes, to the SH 114/SH 121 corridor when the improvements are made to the freeway system. 23. Agenda Item No. 10A. Approval of Change Order No. 1 with Pavecon, Inc. for pavement repairs in the Timarron Bent Creek Subdivision. As pointed out in the memo from staff, the change order is necessary in order to successfully complete the project. Note that the problem is caused by subsurface soil saturation by subsurface water. - The change order was conditionally approved by me in early April, so that work could progress. The amount for the conditional change order was set to coincide Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 16 with the amount that the City Manager can approve without prior City Council authorization. The change order was developed on a tons-of-material basis, with the intention of bringing the change order before City Council once the amount of material to be needed could be estimated. Given what we now anticipate in terms of amount of flex-base material required, we are ready for City Council to act on the change order. The additional $10,000 approved with the conditional change order amounted to 01.43% of the awarded bid. The Local Government Code provides that the original contract price may be increased by City Council for not more than 25% through a change order. The 25% cap for this $699,314 project would be $174,828. (be The staff memo points out that the CIP budget appropriated $726,986 for the project, or $27,761 more than the actual bid. If the additional $30,000 provided by Change Order No. 1 is sufficient to complete the project, the new project total of $729,314 would be $2,3238 over the estimate. (This would be within 0.32% of the estimate. An estimate that is within one half of one percent of a project of this magnitude is tantamount to being right-on.) 24.Agenda Item No. 10B. SH 114 Construction Enhancements. With TxDOT's engineering of the first two "sections" of freeway (Wall St. to west of Kimball, Kirkwood to east of Dove) substantially complete, staff was asked to meet with TxDOT representatives last week to discuss the possibility of including a variety of design enhancements previously submitted by the City. TxDOT will include certain design enhancements at little or no cost if they are requested early enough and designed into the plans. However, TxDOT has stated that several categories of enhancements either cannot be included or can only be included if the City pays for incremental costs above TxDOT's standard costs. The voters recently approved Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 17 bonds in the amount of 2.5 million dollars to pay for such enhancements. TxDOT will soon require a letter agreement to approve these added expenses in their plans but will not require their payment until just prior to their construction, which is scheduled for early 2000. Feel free to contact Chris Carpenter regarding this application. 25. Agenda Item No. 11A. Schematic designs prepared by GSI Architects and David Schwarz for Town Hall. As pointed out in the memo from Ron Harper, Director of Engineering Services, the architects have completed a final layout of functional areas/spaces for each floor of the building. Staff recommends that the schematic designs be "approved" in concept so that design development and construction documents can go forward in a timely manner, and keep the building on schedule (116., for a project completion by October 2000. Although this item is for discussion, not consideration, a general consensus would allow us to move forward given the input we have already received from you, affected staff, and the County officials. 26.Agenda Item No. 11B. Discussion of the potential establishment of Joint CISD/City Focus Groups regarding the stadium, natatorium and the three upcoming schools. This item has been placed on the agenda at the request of Councilmember Potter. Please let him know if you have questions. Other Items of Interest 27. June Retreat. As can be expected, we are having trouble fording a date suitable to everyone's schedules. Staff is now looking at having the retreat begin on the evening of Tuesday, June 28 and then continue on Wednesday, June 29 for the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 18 entire day. Please let Sandy LeGrand know if you will not be able to make these dates, however, I do not believe there are many options left. 28. DFW Airport Complaint. Attached to my memo is a copy of e-mail correspondence from Southlake resident John Shindler regarding noise complaints from Dallas-Fort Worth Airport. Mr. Shindler lives in the Timberlake subdivision and has noticed an increase in the frequency of flights, noise level, and aircraft flying at lower levels over his neighborhood within the last few months. On Wednesday, May 5, 1999 there was a meeting at the DFW noise center with John Shindler, Manager of the DFW Noise Office Karen Robertson, Noise Office employee Mike Wellers, FAA representative Greg Gereau, Pamela Muller (City of Southlake DFW Airport Liaison), and Assistant to the City Manager Shelli Siemer. LThis three hour meeting allowed for DFW airport representatives to talk with Mr. Shindler directly concerning his complaints. The noise center allows DFW to graphically display all the flight patterns on their computer. The noise office gave Mr. Shindler a hand held portable noise monitor to allow him to measure the air traffic noise around his home. If he decides to request a more accurate noise monitoring device be used to measure the noise he is experiencing, Shelli Siemer will write a letter to the noise office requesting the use of a portable noise monitor. Mr. Shindler has recently indicated that he is not satisfied with the outcome of the meeting. He is looking for some type of mitigation regarding the flight patterns. (Karen Robertson made it very clear in the meeting that DFW Airport does not shift noise problems from one city to another.) There is a petition circulating around the Timber Lakes subdivision regarding this issue. Although there is very little the City of Southlake can do to alleviate this noise problem, we will continue to work with Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 19 Mr. Shindler in obtaining the information he is requesting. Please contact Shelli Siemer or Pamela Muller if you need more information regarding this issue. 29. Note that Economic Development Coordinator Kate Barlow has submitted her resignation effective June 1. Should you see Kate, or wish to telephone her, I'm sure a thank-you for her contribution would be appreciated. 30.Also attached to my memo: • Six-month calendar of upcoming meetings and events. • Invitation from North Texas Commission. • Congratulations to Caroline Seay on passing the code enforcement examination. • Letter from U.S. Department of Justice concerning funding under the COPS MORE 98 program. • Thank you notes. CEH Staff Extension Numbers: Campbell, Billy, Director DPS, ext. 730 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Director of Engineering Services, 481-3022 Hawk, Curtis E., ext. 701 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Director of Community Services, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Martinson, Lynn, Chief Accountant, ext. 833 Polasek, Steve, Deputy Director Community Services, ext. 772 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Siemer, Shelli, Assistant to the City Manager, ext. 806 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting May 18, 1999 Page 20 Thomas, Charlie, Deputy Director of Public Works, ext. 814 Ward, Paul, Chief Building Official, ext. 755 Whitehead, Bob, Director of Public Works, ext. 740 Whitehead, Nona, Community Services Coordinator, 481-2776 Wilson, Garland, Deputy Director Fire Services, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\CEH\MEETINGS\4mat-mtg.doc L L iµ� iiiik City of MI Inn MI in Southlake L....._,A Duthiak- March 22, 1999 Mayor: Rick Stacy Mr. David Baltimore Maya ProTem: 1368 Holland Hill W.Ralph Evans Southlake, TX 76092 Deputy Mayor Pro Tern: Scott F.Martin RE: Utility Easement(s) Coundknembers: 1368 Holland Hill Wayne Moffat Ronnie Kendall Dear Mr. Baltimore: Debra Edmondson Gary Fawks This letter is in response to your letter dated March 13, 1999. I appreciate City c Hawk your patience with the Cross Timber's Sewer Project. As you know, a project of this magnitude will require more time to complete compared to the past Assistant City Manager: neighborhood sewer projects. I would like to respond to some of your ana K.YelvertonC oht;) questions from your letter. Secretary: dra LeGrand • The cost to remove, replace, and repair any existing fencing on your property will be at the contractor's expense and will be taken into account in the bid proposal. • Provisions shall be made by the contractor to install any necessary temporary fencing on your property to insure the safety and well being of your pets. • The plans indicate several oak trees along your west property line. The sewer line is placed east of these existing trees so as not to disturb the trees (see attached copy of plans). The contractor will be required to install temporary construction fencing around the trees not to be disturbed prior to construction. The sewer line that crosses the existing line of trees will be bored. • The contractor will be required to submit to the City a Maintenance Bond, Payment Bond, and Performance Bond to insure that the project is built to plan and that all requirements of the contract are met. The contractor is also required to submit a Certificate of Insurance to the City. The homeowners will not be (how specifically bonded individually per se, however through the 1950 East Continental • Southlake,Texas 76092 (817)481-5581 • FAX(817)421-5782 i March 22, 1999 Page 2 c • contract requirements set forth, the contractor will be required to restore the b ,. disturbed properties to the original or better condition. • The contractor is responsible for removing, replacing, and repairing any existing utilities, sprinkler systems, and plantings. As stated previously, the contractor is required to restore the disturbed properties to the original or better condition. The City highly recommends to the property owners to take photographs or video of their property prior to construction commencing to substantiate any claims. • As shown on the attached copy of the plans, there will be a sanitary sewer line along the east side of your property in the adjacent City right-of-way. This sewer line is to serve the residents along the east side of Holland Hill. The sewer line must be located on the opposite side of the water line, which is along the east side of Holland Hill. • The timing of the construction of any of the individual sewer lines is not known at this point. However, following the bidding of the project, the City will set-up a neighborhood meeting with the contractor present to discuss the construction process. I will be glad to visit with you at your property to discuss the questions in your letter further or answer any other questions you might have. Please call me at (817) 481-5581 extension C) 846 to set-up a date and time. Sincerely, 914.&'‘)-1\ %(-12)-k---- Shawn Poe, P.E. Capital Projects Engineer cc: Bob Whitehead, P.E. - rl W u J I i.,..)C }'4C WZ CO #° N N id Q N Q -J tri • F- W N Z Z _ W = -1 sf W r I N p (0 4 — ONO . it;f-L ....---- : Q O V H I I o W M * a' sL Z Q 0 a0LIc„ .43 ,,• , o cc ,...: F- � ..... I ^ - 1- P. ' 0 4:71), :7:rr)) 1- TT w.Cr 1- p rre) If. To QMO a I N • O 4 U _0 • t V 0. o � �� .,, 9c uNi I .j I \Ad w. 5, � � II �J` I+ — I •� WW y' o _ N �ca ,: JLur Q /Aii, . � I 00+I. '""' nLU 1 Iatp.r.d I "It I A.1 la 4 Z I 0 • I II Ir DOW ,OMi :f' 2 se I Y . < I I §- ,:,I I. • < I I g - i a '� = I 0 0 Z Q = W _ . zl cip c, r r- _1 W Q -J ?;, 1 m < ; � viZ o • 1 z 1 g 3 • a — N J I- • �- ppN O COf 1111 f� o ♦ N CO N 0 CO p M CDcoa) i- e 0111 ta Z C alto* ■ s 1 O W. J - > 0 rilkAal IS,. • - f� 1� N ^ M N \ a 1-4o t IdtD O t Q 1-- 0413.431:g U J ^ Z ``>J� `� • c W Q a_ 0 0 0 0 • trD _.1 I- a • * : S N Z Q 10 O 0 O V) 03 /� V I Q J QI i W (n to M QZZ $04 � ,� �. W W c0 (0 (0 H Z O 0 !�� O Z Cn 1_ Z IL V) W U ;3 0 a • s m .-I O CZ W 1.... ...Io o ' IL: (1) . 0_ ...I O O •O CI (NI f!0 CO N J N 0 CZ 1` 1` 000 0) cp I • = I M ca) V Z �O tD �O I VI-1-1 C., : ( ^ ? Q ( Z W •�/� uTNNN . : QZ ~ �/ _J J J J �O Q N U W AA; ts i I N S S S S 4.0 � '" I m = I W rn o- Ct Q O Q _ ' OJ t� 41r.M 3Cr'. W H J J J J 1— O O O O LL CC Z = S S S 0 _ V • re) r) re) re) _.1 ; I L �•n I K.4., 1— F— 1— I— It) s > zz ,,6 0 O O O Os ` cC / Q ^ M to if; 9 s- 1' ,d•• 3Ndc cn rn N .t io I • 1 . D.:o. %0 • 1?.. " I L..1 U_ e = > . u = re) w W 0 '� J Q N Z ❑ ; `0 J G Iu u ( e Z (n o I „ � I J _ I co °11111111 Q N W °' • _ N O O cc,°° Q ..-1 Lai ��� �z O (n Q. rII <Lam ,_ O o OD CD LL Oo = IsT — -.II if)• v 0 J N o ill] , I •J Cr o .- Z❑ - �O o = (1) La N .. F- OX (n _ O W �s Cer . 7 3 _s CO ♦ — r O 1 • • 0 ,. M ._ Cityof Southlake.- - - ,.,,A Duthlok Administrative Offices May 19, 1999 Mayor. DRAFT Rick Stacy Mayor Pro Tern: W.Ralph Evans Cross Timbers Resident Deputy Mayor Pro Tern: Southlake, TX 76092 Scott F.Martin I' : Sanitary Sewer to serve Cross Timber Hills Subdivision Councilmembers: Wayne Moffat Required Easements Ronnie Kendall Debra Edmondson 11 ear Resident: Gary Fawks City Manager. ' s you know, the City is in the process of obtaining the necessary utility Curtis E.Hawk -asements in order to install the sanitary sewer that will serve the Cross imber Hills Subdivision. You should have received two copies of the utility Assistant City Manager: Shana K.Yelverton -asement document that is required on your property in order to install the forementioned sanitary sewer. According to our records, you have not Ci Secretary: -xecuted the easement documents. L.LeGrand e installation of the sanitary sewer to serve the Cross Timber Hills subdivision is a priority to the City. In consideration for the utility easement, he City will waive the $1300 participation fee. The $1300 participation fee is equired to be paid by the homeowners to the City prior to connecting to the sanitary sewer. Prior to returning the signed easement document to the City, 'te on the front of the signature pages the following: "In consideration for he said easement, the City will waive the $1300 participation fee." By doing so, the waiver of the $1300 participation fee will become a binding agreement .etween the City and the utility easement grantor. I f the easement document is not returned or other arrangements are not made ith the City by June 2, 1999, the City may have no choice but to begin the condemnation process (eminent domain) to obtain the easement on your !property, in order to complete construction of the project. I will be pleased to meet with you at your convenience to discuss this utility easement along with the construction process and how each relate to your !property. If you do not have any questions, please sign and date the two copies of the easement document in the presence of a notary and return one of he copies via mail or drop off in person at the address shown on my enclosed business card. The other copy is for your records. L 1725 East Southlake Blvd. • Southlake, Texas 76092 (817) 481-5581 • Fax (817) 329-1747 'AN EQUAL OPPORTUNITY EMPLOYER' �', ., :' 't1S€SIi C..i" uls.✓.. 1;1' a :r; - , xae,�glona May 19,1998 t. Page2 Le, The City will not advertise for bids to construct the wa sewer until all the,'required easements are obtained. Therefore, 'your prompt respo will lie' appreciated. =I Can be reached by telephone at(817)481-5581 extension 846. Sincerely, O43 Shawn Poe, P.E. Capital Projects Engineer cc: Ron Harper,P.E.,Director of Engineering Services Charlie Thomas,P.E.,Deputy Director of Engineering Services/City Engineer L L w e City of Southiake,Texas May 20, 1999 Resubmittal Meeting PRESUBMITTAL RESUBMITTALS • CASE DESCRIPTION 99-030 SITE PLAN The Children's Courtyard Location: On the east side of Byron Nelson Parkway, approximately 500' south of East Southlake Boulevard(F.M. 1709) Current Zoning: "R-PUD" Residential Planned Unit Development Applicant: David Fisher& Architects Owner: Realtex Ventures, Inc. 99-03 8 REZONING Lot 4, John Childress Survey,Abstract No. 253 Location: 1581 Randol Mill Avenue Current Zoning: "AG"Agricultural District Requested Zoning: "RE" Residential Estate District Owner and Applicant: Phillip D. Fanning and Cynthia Barnes Fanning 99-039 REZONING Lot 3, John Childress Survey, Abstract No. 253 Location: 1581 Randol Mill Avenue Current Zoning: "AG"Agricultural District Requested Zoning: "SF-1A" Single Family Residential District. Owner and Applicant: Phillip D. Fanning and Cynthia Barnes Fanning 99-040 PLAT SHOWING Lot 3, John Childress Survey, Abstract No. 253 Location: 1581 Randol Mill Avenue Current Zoning: "AG" Agricultural Distirct Owner and Applicant: Phillip D. Fanning and Cynthia Barnes Fanning 99-044 FINAL PLAT Remington Addition Location: 2449 Union Church Road, approximately 2100' west of the intersection of Union Church Road and Davis Boulevard (F.M. 1938) Current Zoning: "S-P-2" Generalized Site Plan District with for senior adult living complex to include tri-plex and quadra-plex villas, personal care facility, nursing care facility, and senior multi-family units Owner and Applicant: Lifestyles, Inc. GQTM►iAPLACK VOL :4tPli V/MA pBV1P. I i • " 1 BILL 7fYM1O1FI�fARBIB-, CI19.A RAtM n01LT0-TI-✓�O14NIf GAtA • Iff/IL 0121Mi1FJAL DATALT- ELL J ° j c. P Lb "bar a410,CA Y am OF sOURLAN ' M11BC71M.001E1 9c LOT1,eD01/ � CALA>LBSQI, 7 W LUA-C"Y0P60uRl/M0E s„CtAPLCOM LIlm-pinx3oaisaan RECD MAY ? 0 1999 � via • I CwtMOtE I I A�Etwe �N.1w6Iet _liTBt _ II LLL N�,L�FSs BENCHMARK 8W CUT ON TOP OF INLET AT NORMEST CORNER OF LOT 4. ELEV.-642.07 RALAOAD SPINE N 24' OAK 1REE ABOUT J 80 FEET SOLITN OF SOU7FLAKE BOULEVARD APPROOMATELY 360 FEET EAST OF NORM EAST CORNEA OF LOT 3 ETEVL-627.11 PUD /1 460-•01 (C2 USES) LAND USE GESCNAVINt REtAL COMMERCIAL GROG AOEAGE: 2AIQ ACRES (117.00 S.F.) NET AO[AW- LI 117 ACFn (117AM SF.) NUYER OF PROPOSED LCIS 1 PEAm4TACE OF STE C01EtAQ : L$3X AREA OF OPEN SPACE: 1.81 ACRES (78,00111 SF.) PERCENTAGE Or OPEN SPACE: 67.Sti AREA OF tl!'ERMOUS COVERAGE- 3LO24 S.F. PERCENTAGE LPEANOUS COVQiAGF 32.4,E (7OL MAX) AREA OF OUTSCE STORAGE- 0 - N/A PERCENTAGE OF OUI90E STORAGE, 0 - N/A START CO/STRUCTIOk ARY 1. 18„ F11694 CONSTRUCRdk OCTOBE71 1. 1,,, PROPOSED ODC AREA- 11.660 S.F. (BLOC FOOT PRINT) PROPOSED FLOOR AREA BY Ug OFFICE 720 S.F. CLASSROOM /1,665 S.F. NEQHAFNICAL/UK/ETG 7,348 S.F. TOTAL 2O.O53 S.F. MA70MlDi NUMBER OF STUOEITS 300 N UMER OF STOLES- 2 PROPOSED BLOC NE10 T: 211' (UBC) PARKIN@ (1 SPACE PER 5 OHURE7N) RECUIED: 60 SPACES PROVIDED: STANDARD - 37 SPACES KC - 2 SPACES KC VAN - 1 SPACE BUS - 1 SPARE TOTAL - 51 SPACES RECLINED LOADING SPACES 1 PRONDE'D LOADING SPACES 1 LANDI AAN TAI 71MI SUMMARY CHART - BUFFERYARDS LOCATION LENC7H itDMIT. TREES ids SHRUBS 9ORF?:NMC NORTH SOON EAST EST Id:iL7��E7OL1i©�Or.:-^� I. fERE PARIORO IS PRONGED ETAn THE BUXOING SETBACK LIE AND PUCK RANG. SHRUBS OBTANRNC A MATI,RE HMT OF THREE FEET (37 OR GREATER MUST E PLANTED AT A MANI M SPACING OF THIRTY INCHES (30) O.C. CONTINUOUS ALONG ALL PAVED EDGES OF 7HE PARKING OR DRIVE AREAS. 2. A MINIMUM OF SOL OF ALL CANOPY TRES PLAMTE DON THE STE MUST BE 2' IN CALIPER AND 5OX MUST E C N CAUPOL THM INCLUDS PLANTINGS N SUFFFAYAROS AS WELL AS INTERIOR TO THE STE. 3, WIDTH OF O6VERAYS EAE DEDUCTED FROM THE L.EINCM OF THE SJFFEAYAAD FOF PLANTS CALCULA110S 4. TFEiE ARE NO E)OSTINC CANOPY TREES ON THE PROPOSED 9TE. SUMMARY CHART - INTERIOR LANDSCAPE LANDSCAPE AREA - SF A N FAOIT OR 92 CANOPY TREES ACCENT TREES(SF. fiRQ,ND COVER REQUIRED 3=5 752 10 1, L7 583 SF. PROPOED 7.2E3 100E 1 10 5 1 60 1 7B0 SF. OWNER. REALTEX VENTURES, INC. 1825 WM13LEDON ROAD ARLINGTON, TEXAS 78017 TEL.— 817) 784-9947 FAX— (817) 468-9521 m DO + ARCOMM r.r..I■A. - Nat.l.. - w'� r= 26 11W ter.. slW Mau Sff F. KM THE CHILDRENS COURTYARD . PHASE III, LOT 2R, BLOCK 60 TIMARRON ADDITION, PHASE 5 SOUTHLAKE, TEXAS (TARRANT COUNTY) MARCH 22, 1999 10 30 0 0 20 45 90 SCALE: 1' = 30' REC'D ... -.. ? 1199 CASE NM 7A*W tD 6 U cn Q7704Fw-, CV2 ZCr� E- O a4 �Z w x o m C) cn P4 cp ,fit* 40. % of 1avmat5 1 4/12/„ 2 5/10/,6 OHM ammulm SHEET NO, 1 OF 7 SPI .4A = 00. 110011 - __ _. •!r. S.. rtr. r. ___ DWI — — —_--�-=�,rt�----r- w _ — _ -. _ — _ — _ e.lw. I y � I I II • (rll.aC ! I I I�lO►eSaD ; ` z JAL61' A, Lt1• I i I I I c I i I I II �— I LOAJS �41t.ee I I�L?CTsr,A,, P�n�Tcaas I� °la BENCHMARK 9W CUT ON TOO Or NUT AT NORTHWEST CoFWR or LOT w. . EUV..6e2.07 RAAAOAO SWE IN je. OAK TREE A210UT 60 fEET SOUTH Or SOU1 On W&EVARD APPROXIMATELY 360 IEET EAST Or NORTH t( Of Ti . wr_ ,Et •fir t 6 to wAvffmt Nejg'&% ( ASSOCIAWr5 166z. W. LOALL STVFer %TQAPtVIToCf 11f, 7&ar) (81')) .121- /S7 f. Pael,tat*tAtY VTIIITY ANt GRADING & DRAINAGE THE CHILDRENS COURTYARD PHASE III, LOT 2R, BLOCK 60 TIMARRON ADDITION, PHASE 5 SOUTHLAKE, TEXAS (TARRANT COUNTY) MARCH 22. 1999 to o so igC 0 20 45 90�G SCALE: V - 30e (♦RLI w11 ♦ � i u�wsevr>tswRw SHEET NO. t OF s I FIR5T FLOOR PLAN SCAL5 ue• = r-o• I........... i ryl j I mom• I I j I i � 1 •=a'a W-40 V7• 17-0• I 10'-O• 12'-0' I 16• 10 In• I 22•-0' j 70'-4• �C'p L... ? 0 1999 - - SECOND FLOOR PLAN A m U w U w E- I c" x w W �i EE wzo cn 0 cn I w x H am)PS ire •' '�� �Y»D119 � cann�es "M rya M uw SHEET NO. 4 0P Z A101 e .44 6 r-r rort ��.ora• rnrt. REAR ELEVATION 01 JGHLE: Ve• . , J n f�1 T A 4� FIRST FLOOR PLAN 5GON-E. VC• _ P-W I :I r� hI I 0 1999 SECOND FLOOR PLAN ear Vv . r-o• CO r xd� � Ci W Foa oW� �ZH o A� r•� .9 d0ul x r ,�,..... a win av r aom •o uam fILVBIO[I� 9IXI CmRIIfTR CAii W� r7, 11" SHEET N0. 6OFI A103 mad A la w01 `l 01 LEFT 51DE ELEVATION SCALE: ve' . r-o' FIRST FLOOR PLAN SCALE: V8' ■ 1'-0' I 1999 SECOND FLOOR PLAN SCALE: Ve' • V-w a a�a ra av r.am s aam RtV6[aN� I I mar courts SHEET NO. 70F1 A104 i A• 69.3B'�� R • IT%3 1 l• A] DAVID STEMGER AlTUX wM wlhN �uRVEY A-1660 VOL. 8229, PG. 69 JOMR Ca•iDRCss slwv[Y A-25l-- ---- ha818'17-E 50 ROW - VOL 3, PG.166 TCCCaa / —RANDOL—MILL AVENUE N o sp Too And eeuw,r UAL[ .e real scs LOTS I,B2,J-CreLORESS N0.253 ADDITION CABINET A. SLWE 19" The City or Southiaxe 'reserves the right to require slniaum finish floor •l.v.tIODA oa any lot contained within this addition. The elnieue •Uvaelona ahown are bases:o. Chs most current tororaottoa evallable at the time tho plat 1s filed and may be subject to rheng•.Addltioesl lots other than those Shows may also be subject to tIs el a I.us tIoiob floor criteria. The owners of all corner lots •hall malntala sight triangles. In accordance with the City Ordinance. Setting a portion of any tot within this addition by sees and DoutAs fa • vtolatloe of Beat• law ■nd el ty ordlaaoe• and le ■ubI•ce ee fie•• and wlth- holding 0f utilities and building permit•. APPROVED BY THE PLANMWG 6 ZOMWNG COIIWiE$01$ Oela: Crl•kmlmr�' P4Z Secretary: APPROVED BY THE CITY COUNCIL Dow Mayor. city seuelary. LOT B i LOMA VISTA A001 TIOh VOL.38111-02,P9.83 LOT 12 LOT 7 IS' LLE. 9% 3132 JO ELLEN CHARLTON VOL.10964, PG. 815 ISO' y'. v4IF S •-- v2•IF U.E. I � � u O : M I Y LOT 3 W. 0 01 • i 134743$F•3.093 ACS >1 1 h 1als INT OF BEGINNING R DESCRIPTION S BB•06'13' 317 594. F 75----- S' u E. LOT II LOT 4 UTiuTY ESa1 T, 5' 229551 SF - 5.270 ACS. 10' -IF 5'UTILITY EASEMENT M89.11'43•W 635.56 MAXINE V. BEAM VOL. 4560, PG.762 -- - -- OWNER; PHILLIP 0. FANNING 15818 RANDOL MILL AVE ROANOKE,TX. 76262 LOT H. BLOCK 6, CROSSTIMBER HILLS ADDITION VOL:366•174,PG.57 If VICINITY MAP IUE. LOTTO PLAT SHOWING LOTS 3a 814, J. CHILDRESS NO.253 ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE IN ; TARRANT COUNTY, TEXAS, BEING A TRACT IN THE JOHN CHILDRESS SURVEY ABSTRACT NO.253 2 LOTS &363 ACT" MARCH 2O.1999 DJWICATIOY STATE OF TEXAS COUNTY of TARRANT THAT WHEREAS, Phillip D. Iamnicg!• the owner of a tract is the JamChildress Survey, Abstract 60. 233, situated !s the City of Soutblaka Tarrant County, Texas, as deacribed in Volume 12471, logo 697, and be;et • portion of the tract described is a deed to Las .G. leaping of record in Volume 2232, to`• 35, Deed Records, Lrraot CountyT•aaS, :ld portion being wee particularly described by set: sad bouade : tollowal BEGINNING At a V iron found at the Southerly. Southwest corner of a tract Olt 0t the above r•faraneed tract as described in a Divorce Dacca& of record beimgl by died4calls. S106-11'W.ad R626.3afastraandtN�BgbYb6T"15'�WsAid point 4-4 from • •coo• wsumenc et the Southeast earner of Lose Vista Addition to the city of Seuthlak•, as show os • plat recorded III Volume 388-132, cage 93. Plat ➢me Ord&, Tarrant County, Taxesi THENCE course of06'-1S^R. (Ban• Bearin` - Record) 317.28 feet with the general court• of • Gme4 to a �" irom found •t a Pence dormer for the most Last rly Northeast corner o[ the herein dsanribed tweet; THENCE S.0°-14'-24"W. 316.23 feet with the general course of is old fact* • {" iron found at • foods corners THENCE W.890-11'-43"W. 635.56 fast with the North lima of a tract described in a deed to Mexico V. bees of rocord In Values 4560, Page 792, at the Southead astrcornerTarrant Lota2�tof the J. Chitdrto 4 eta No.iron 253-Addition to Cho City of South laka, Tarrant County. Texas, am show on a plat recorded !o C�bimet A, Slide 1966, Plat Records, Tarrant County j Tax"; THENCE N. 10-20'-03"W. 820.86 fast to s V iron found for corner; THENCE N.300-02'-32"W. 140.70 feet continuing along the East line of n said fat 2, to s V iron found at the Beath corner of as" !n the South Line of Randal Kill Avenue,_ THENCE N.88°•17'-18"R. 31.32 Cast to a V Iron found at thm most Westerly Northwest corner of the tract described 1n Volume 10963, Page $15, above referenced; THENCE S. 42°-31'-2w"E. 249.49 feet along 4 Northerly tins of the last referenced tract to a 41iron found for corner; ct Ethe last Sr. sf4raneed4 tract2 2 o'a9 k"•iconotouhdiu also :r Noftserl lice THENCE S. 1°-S7'-39"W. 415.73 feet to the POINT OF BEGINNING and tomtaiming 8.3629 acres. THERE IS NO LIEN ON THIS PROPENTY NOW THERFOAE, KNOW ALL MEN BY THESE PRESENTS THAT, Phillip 0. Fanning, the umderaignad, does hereby adopt this plat designating the Above dascrib•d property to be known as tat 3 6 40 J. Chi ldrsea No. 253 Addition, •m addition to the City of Southlake, Tarrant County, Texas, and does hereby dedicate to the use of the public all rights -of -way and eas:ants as shown heranm. WITNESS MY.HAED this day. of 1999. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Phillip D. Fanning, known to se to be the person whose name is subscribed to the foregoing instrument, end acknowledged to so that he executed the same for the purposes and consideration therein exprosed sad in the capacity therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this , day of , 1999. THIS Is to certify that I. a I Registered Professional Land Surveyor of the Slate of Taxes, have platted the Above subdivision from a actual survey on the ground; And that all lot corners,and angle points, And Po tS of curve $hall be properly marked on the ground, and tAst this plat Correctly represents that lurveY_madt by 1110or under ■y direction and supervision. Texas Registration No. 2014. otary c m and or t • cote o •zas �, ...-.. 199 THIS PLAT FILED IN CABINET SLIDE DATE '4 DAOS BL•rD NUMBERID- R.'. T.' L•' CBS LC�' _ I \ Cl 2+•41'47" 230.00 44.G8 87.09 S 88'21'24" w 8f •� BPCCv C2 22'0T32" 210.00 41.06 81.09 N 88'34'17" E 80.59 NUMBER D- R-' T. L-' EWI CB- C3 257v8" ,044.993 118.71 72'21'04" E 91 79 . Ca 2'43+3" 051.3 .5234.2t N 72'28'21" E .73C R ' � � E I�•d v I al h _ ml KELLER I.S.D. n rj VOL. 12658, PG. 543 o aet- 100 0 100 200 300 n - S e I - of or ARSON PCAO a ^I Scale 1" = 100' LOCATION.MAP r — — — — — — — — — — — . N.T.SL PATRICIA ANN BAILEY VOL. 9866, PG. 1403 VERREE PEARSON VOL. 1,3095. PG. 74 APPROVED BY PLANNING 8 ZONING COMMISSION DATE: _—__________--_ CHAIRMAN ; ______-_______ P&Z SECRETARY : ___-_-___— APPROVED BY THE CITY COUNCIL DATE: --- __--_-_-_--- MAYOR: ----------- _—_-. CITY SECRETARY: ----- _-__- APPROVED PRELIMINARY PLAT' LOT 2, BLOCK 1 LOT 1, BLOCK 1 SLAYTON ADDITION SLAYTON ADDITION VOL. 4310, PG. 27 w,DeD CAB. A, SLIDE 1826 m a,�.w iior wa wxn M.0 -nor i u�win,rj — e — I — ran A N 89.54'28" E Ae OWENWOOD DRIVE 4,pwxr (ea' RIGHT -Of -WAY) r axe v,a. — — — — J2g — — — _ �.M I G 7 / UFESTriE I C. I soon, n.31.o1 VOL.13169, PAE0113 "Lli VOL. 13319, 0504 PROVED PREL (NARY PLAT F•` la LOT 2, OCK 1 u� I JI • •vL 3 MINGTO ADDITION `� LOT 1, BLOCK 1 " 1 IJ ro•DA,Ar L3a M oeAxwt ryr. '1 I O �� ,L•T REMINGTON ADDITION - I /�� T — Q0 SOUTH Bo.51' g R 10.88 ACRES o I C I N' W o.+9s3 ze D-23 21'00' 4'ri7tl fp n• a-loa.93' 1 R 1004.93' to' 0.aL U9 ` 1j ' JI1 i+, I'I L15235T S d0e 1'Itb' E f N �I—� 1— -"�'� I L-JSi.JS' \\ 1 T 409.54' \ L+� LI l5 ` 1 ce-eTeza'Io"[ ca�j L 409.54' e uT L v arcr. on ,"� ly, , 1 I I LC.JSO.Se' i11. \ CB N 78-13.57" E N 45'11'56" W I LC 406.72' JELLICO CIRCLE (50' RIW-Or-WAY) LOT 18 JELLCO ESTATES VOL. 388-91, PG. 41 29.05 as DORTHY SAMMONS t, ro � VOL. 10981, PG. 1063 - S 45 00'00" w 1e °VL —Lei .e — W 01L I I %1e e"q�(j •e R e3v, w E �/r N ti3v7'30" LOT 17 122.01' — — ,23uL— e L 9 s oou,-be E — — — — — — — — — 1 —" — — —�J =— _:a90 �\ r,. 30.47 JELLCO ESTATES --. �97.38' w R7------ —N 66ro5'15" VOL. 388-91, PC. 41 - —S 00'0106' E 96%93 — — — — — — — — — \ APPROVED PRELIMINARY PLAT JOSEPH MORTAZAVI LOT 4, BLOCK 1 VOL. 9316, PG. 1637 REMINGTON ADDITION BOBBY COUCH VOL. 12111, PG. 826 OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT WHEREAS WE, Lifestyle! Inc., are the owners of A 10.86 ACRE tract of land located in the JESSE G. ALLEN SURVEY, Apslrocl No 18,1`orront County. Texas, and being a portion of that certain tract of land as conveyed to Lifestyles, Inc. A Texas Corporation by deed recorded In Volume 13169, Page 0113. and In Volume 13319. Page 0504, of the Deed Records of Tarrant County. Texas, fold 26.03 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 Inch Iron rod found in the south line of F.M. 1709 (West Soulhloke Boulevard); THENCE S 00 deg. 01 min. 06 sec. E, 961.93. feet to a 5/8 Inch Iron rod set for caner; - THENCE S 45 deg. 00 min, 00 sec. W. 122.01 feet to a 5/8 Inch Iron rod set for corner, THENCE N 45 deg. 11 min. 56 sec. W. 29.05 feet to a 5/8 Inch Iron rod set for Caner; THENCE N 90 deg. 00 min. 00 see. W. 111.21 feet to a 5/8 Inch Iron rod set for caner; THENCE S 00 deg 00 min. 00 sec. E. 80,51 feet to a 5/8 Inch Iron rod set fa Corner; THENCE N 90 deg. 00 min. 00 sec. W. 171.19 feet to a 5/8 Inch From rod set for caner; THENCE S 00 deg. 00 min. 00 sec. E. 432.03 feel to a 5/8 Inch Iron rod set for corner, said point being in the north line of a troct of land conveyed to Keller I.S.D. as receded In Volume 12658. Page 543 of the Deed Records of Tarrant County, Texas; THENCE S 89 deg. 59 min. 49 sec. W, 60.00 feet to a 5/8 inch iron rod found for caner; THENCE N 00 deg. 00 min. 00 sec. W a distance of 1439.03 feet to a 1/2 Inch iron rod found for caner, sold point being in the south line of said FM 1709 (W. Soulhloke Boulevard); THENCE N 89 deg. 54 min. 28 sec. E, a distance of 13.48 feet to a 1/2 Inch Iron rod found for corner In the beginning o1 a curve to the left with o control angle of 23 deg. 21 min, 00 sec., a radius of 1004.93 feet, a tangent length of 207.66 feet, and a chord being and distance of N 78 deg. 13 min. 57 sec. E. 406.72 feet; THENCE along the said curve to the left an arc length of 409.54 feet to a 1/2 Inch Iron rod found for comer; THENCE N 63 deg. 07 min. 30 sec. E, 30.47 feet to a 1/2 Inch Iron rod found for caner; THENCE N 66 deg. 05 min. 15 see. E. o distance of 11.13 feet to lne POINT OF BEGINNING and containing 473.252 square feel or 10.86 acres of land. 1 PRELIMINARY PLAT LOT 3, BLOCK 1 REMINGTON ADDITION REMAINDER OF 15.195 ACRE NET CHURCH VOL. 9239, PAGE 811 ELMER I. WIESMAN VOL. 4089, PAGE 9 NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT, Lilselyles Inc. acting by and through Its authorized agent does hereby adopt this plot designating the herein above described real property as LOT 1, BLOCK 1 REMINGTON ADDITION, an addition to the City of Southicke, Tarrant County, Texas, and does dedicate to the public's use the Rights -of -way and easements shown hereon. STATE OF TEXAS COUNTY OF TARRANT Whereas, Lifestyles Inc., acting by and through the undersigned, Its duly authorized agent. Is the lion holder of the property described hereon, does hereby ratify all dedkalions and provisions of this plat as shown. Robert Owens STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Robert Owens, known to me to be the person whose name le subscribed to the above and foregoing Instrument. and acknowledged to me that she executed the same for the purposes and considerations expressed and In the aapoclty therein !toted and as the act and deed of sold Ufestyles Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE an this the �____ day of___ 1999 NClary Public In and for the Slate of Texas' My commission expires: SURVEYOR'S CERTIFICATION THIS Is to Certify that I, Hugh E. Pelser, a Registered Professional Land Surveyor of the State of Texas, having plotted the above subdivision from an actual survey on the ground; and that all lot corners, and angle points, and points of curve shall be property marked on the ground, and that this plot correctly represents that survey mode by me a under my cilrectlon and supervision. DATED this the — day of __19 Hugh E. Poker --T-- ----- Registered Professional of Land Surveyor 'FILED IN CABINET JOB Nor: OWNER'S DEVELOPER/OPTION HOLDERS ENGINEERS P-1180P DATE: APRIL 05. 1999 ERNEST AND JOYCE OWEN LIFESTYLES, INC. WASHINGTON A ASSOCIATES, INC. 500 GRAPEVINE NWY, SUITE 375 REV. MAY 10, 1999 SCALE - 800 WEST SOUTHLAKE HURST. TEXAS 76054 BOULEVARD SOUTHLAKE, TEXAS 76092 (817) 485-0707 1 t00' aRASN en (817) 251-8380 P.O.B.I � a w0 Qa r H Inm I-w I _j 0 DO U 00 J 1) J UJ J �0 NOTES 1. SELLING A PORTION OF ANY LOT WITHIN THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF STATE LAW AND CITY ORDINANCE AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 2. THE CITY OF SOUTHLAKE RESERVES THE RIGHT TO REOUIRE MINIMUM FINISH FLOOR ELEVATIONS ON ANY LOT CONTAINED 'WITHIN THIS ADDITION. THE MINIMUM ELEVATIONS SHOWN ARE BASED ON THE MOST CURRENT INFORMATION AVAILABLE AT THE TIME THE PLAT IS FILED AND MAY BE SUBJECT TO'CHANGE. ADDITIONAL LOTS, OTHER THAN THOSE SHOWN. MAY BE SUBJECT TO MINIMUM FINISH FLOOR CRITERIA, 3. THE OWNERS OF ALL CORNER LOTS SHALL MAINTAIN SIGHT TRIANGLES IN ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. 4. THE TEMPORARY TURN -AROUND EASEMENT WILL BE TERMINATED UPON EXTENSION OF OWENWOOD DRIVE. FINAL PLAT LOT 1, BLOCK 1 REMINGTON ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS BEING A 26.03 ACRES OUT OF THE J.G. ALLEN SURVEY, ABSTRACT NO. 18 APRIL 1999/1i f:i._1vJ �J^qqQ SLIDE._-_ DATE __ I • Case No. ZA 99- 44.,,/ PEISER SURVEYING CO., INC. roe. 1333 CORPORATE DRIVE SUITE i100 IRVING,TEXAS 75038 P,•, l 7�•vr•'• COMMERCIAL • RESIDENTIAL PS (972 751-0055 BOUNDARYS • TOPOGRAPHY (972) 751-1014 FAX INC MORTGAGE Ye►. !tees ten City of Southlake, Texas CITY COUNCIL BRIEFING FROM STAFF: MONDAY, MAY 17, 1999 LOCATION: Administration Building, Conference Room 1725 East Southlake Boulevard, Southlake, Texas TIME: 11:30 a.m. to 1:30 p.m. AGENDA 1. Discussion of Council agenda items. 2. Discussion of development issues. 3. Adjournment. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday, May 14, 1999, at 6:00 p.m. pursuant to the §tt�t3l�iunent Code, Chapter 551. <�Sandra L. LeGrand \-7.,,,%41/40. :y i- s City Secretary ' :.........•••'a Ifyouplan to attend thispublic brien��ari� ��`````\` fig � ave a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. L. NOTICE IS HEREBY GIVEN THAT THE CITY COUNCILMEMBERS WILL MEET MONDAY EVENING, MAY 17, 1999 AT 6:00 P.M. IN THE ADMINISTRATION CONFERENCE ROOM, 1725 EAST SOUTHLAKE BOULEVARD, TO CONDUCT INTERVIEWS TO BOARDS AND COMMISSIONS. NO DECISIONS WILL BE MADE BY THE CITY COUNCIL DURING THIS INTERVIEW PROCESS. I hereby certify that the above notice was posted on the official bulletin boards at city hall, 667 North Carroll Avenue and the Administration Building, 1725 East Southlake Boulevard, Southlake, Texas, on Friday, May 14, 1999 at 6:00 p.m. 1/I/ d%L SON T,S! Sandra L. LeGrand �9 City Secretary =_ %1 ill E. � .m i \%11 ..' /111111111 L • City of Southiske,Texas MEMORANDUM May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Interim Planning Director SUBJECT: Delay in Forwarding P &Z Minutes Due to our department's recent move, the Planning and Zoning Commission Minutes of May 6, 1999 will be forwarded to the Council at their May 18, 1999 meeting. We apologize for the inconvenience. • ar' City of Southlake, Texas MEMORANDUM (iiee May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Step 1 —Annual Project Prioritization by City Council Action Requested: Evaluate the attached summary of projects for any additions or revisions needed prior to distribution to Council for formal ranking. Background Information: The "Project Prioritization" process has been utilized as a management tool for several years to best match staff work with the priorities of Council. It allows City Council, board members and individual advocates of projects an opportunity to place their item before City Council for collective ranking. This process has provided clear direction to staff as to the Council's desires and has greatly aided in the productivity of staff due to our ability to focus on the higher priorities. Process: For the benefit of the newly elected Councilmembers and as a refresher, a description of the process is as follows: 1. Determine Items to be Prioritized: This is the item before you presently. Staff compiles a master list of items requiring review by City Council and many times another appointed body such as the Planning and Zoning Commission or Park Board. We are forwarding this list to you as well as the related Project Advocacy Forms (PAF) so that you can review the list to make sure that no item you are interested in has been overlooked. As well, you should look at the PAF forms to ensure that the breadth of discussion regarding each item is to your satisfaction. These forms will be the basis for each Councilmember to review as they prioritize all items. Note that there is a blank PAF form at the end of the packet should an entirely new item be desired. Any new items or revisions to PAF forms need to be returned to Greg by May 24. 2. Distribute Revised Forms to Council for Ranking: Staff will revise (if needed) the master list as well as the individual PAF forms, add any new items that might be requested, and distribute to each Councilmember the master list and PAF forms. Each Director will also provide a list of recommended priorities for the items within their department as another reference. We will ask each Councilmember to rank all projects listed, e.g. if there are 50 projects there should be 10 number 1's, 10 number 2's, 10 411kre number 3's, etc. 3. Calculation of Priorities: Staff will take the rankings provided by each Councilmember and mathematically rank all items. The results of the ranking will be distributed to Council in the June retreat packet and will be discussed at the June retreat. In summary the timing is as follows: May 14 -Distribute draft Master List and PAF forms to Council for review May 24 - Council to return any recommended revisions to Greg Last May 28 - Staff gives final forms to Council for ranking June 15 - Rankings returned to Greg Last June 18 - Finalized rankings placed in June retreat packets June ??+ ?? - Discuss rankings at June retreat Financial Considerations: None Citizen Input/ Board Review: Citizens, board members and any interested parties are allowed to submit a Project Advocacy Form (PAF) for consideration by Council. Legal Review: None Alternatives: Staff would be glad to pursue alternative management tools if suggested. However, the current process has been extremely effective in matching Council's desires with staff's efforts for several years. Supporting Documents: Attached you will find the following information. • Master Schedule of all projects. • Project Advocacy Forms for all projects on master schedule as noted. • Blank PAF form for any new projects. Staff Recommendation: Continue to utilize the "Project Prioritization" system for matching Council's desires to staff work efforts. We realize that the time frames for your review are tight but our goal is to have the City Council rankings calculated prior to the June Retreat so we can include the final priorities in the June Retreat packet and discuss at the retreat. We appreciate your cooperation in providing timely responses. Feel free to contact any department director or the staff contact shown on the PAP form to discuss an item or find out additional information. PLEASE RETURN ANY RECOMMENDED REVISIONS TO THE MASTER LIST OR PAF FORMS TO GREG LAST BY MONDAY, MAY 24. Approved for Submittal to City Council: car IFPFA City Manag7rS air L:\ComDev\WP-FILES\PRO CTS\PRIORITY\pri-6mem.doc 02. I Priority MASTER SCHEDULE - City Council Project Priorities Review Draft of Projects to be ranked by Council-5/14/99 1:12 PM High----Low Results 1 2 3 4 5 % PAF Dept Item Comp Enc. Rank Score ENG Drainage Master Plan 25% Yes Phase I: Inventory and data assembly Done Phase II:West Jones Branch Study Area Done Phase III: South Fork Kirkwood Branch Study Area 50% ENG Drainage Ordinance Revisions 80% Yes PL Zoning Ordinance-Outside Storage Issues(no workgroup) 80% Yes PL Zoning Ord: Reduce Residential PUD Min.Acreage 50% Yes (land conservation revision)on hold CM Citywide Strategic Plan 0% Yes ENG Storm Water Utility District 80% Yes ENG Utility Placement Ordinance 50% Yes PL City-Initiated Rezonings per the 1998 LUP Update(on hold) 0 Yes PS Lighting Standards 90% Yes • ENG Street Light Standards(separated from lighting stds above) 0% Yes ENG Street Standards Ordinance(Ord.217) 75% Yes PL Zoning Ordinance 480-V-Misc. Clean-up Items Phase I 80% Yes PL Zoning Ordinance-SUP for Commercial uses in Industrial 5% Yes • Districts PL Amortization of Certain Non Conforming Uses(on hold) 0 Yes CS Sidewalk/Trail Implementation Plan 5% Yes CM Commercial Dumpster Ordinance 50% Yes ENG Utility Policies and Standards Ordinance 50% Yes PL Zoning Ordinance-Front Yard Issues(Workgroup) 10% Yes PL Zoning Ordinance-Special Events Permit&Procedures 80% Yes CM Open Records Ordinance 15% Yes CS Trail System Master Plan Update 5% Yes PW Septic Ordinance 25% Yes PS Update Noise Control Ordinance No.484 10% Yes CS Park Dedication Ordinance-Fee Justification Study 95% Yes PS Landscape Ordinance Revisions(at Council) 98% Yes PL Michael Drive Initiative(Direction from CC on 12-1-98) 60% Yes PL Sign Ordinance Revisions(704-B)Open House Signs 0% Yes PL Hotel/Motel Regulations in Zoning Ordinance 5% Yes CM All America City Award in 2000 0% Yes CS Clean Streets/Beautiful City Project 0% Yes CM Southlake Historical Commission 0% Yes CS Youth Master Plan Development 0% Yes PS Parade and Street Closure Ordinance 5% Yes CS Revise Bicentennial Park Master Development Plan 0% Yes L:\COMDEV\WP-FILES\PROJECTS\PRIORITY\PRJ-RNK-06.DOC Page I of 2 I Priority MASTER SCHEDULE - City Council Project Priorities Lipe Review Draft of Projects to be ranked by Council-5/14/99 1:12 PM High—Low Results % PAF 1 234s Dept Item Comp Enc. Rank Score CS Revise Bob Jones Park Master Development Plan 0% Yes ENG Underground utilities 0% Yes ED Revisions to Tax Abatement Policy 20% Yes Dept Legend:PW=Public Works,ENG=Engineering,PL=Planning,CS=Community Services,CM=City Manager, SEC=City Secretary,PS=Public Safety,HR=Human Resources,FI=Finance,ED=Economic Development The following items have been asked for/approved by Councilmembers but have not been prioritized by City Council The following items are additional projects identified by staff. L L L\COMDEV\WP-Fn.FS\PRoJECCSIPRIORTTY\PRI-RNK-06.DOC Page 2 of 2 PROJECT ADVOCACY FORM Lie SHORT TITLE: Drainage Master Plan TYPE OF PROJECT: Scope: New XX , Minor Revision , Major Revision Type: Ordinance , Master Plan Component XX , Project Other: REQUESTED BY: CC , P&Z , ZBA PB . STAFF , OTHER: STAFF CONTACT: Bob Whitehead, Director of Public Works, 481-5581, ext. 740 DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) I. The only infrastructure system without a Master Plan. As the City develops, storm water runoff will become more critical. 3. Develop a CIP and maintenance plan. (toe List any potential considerations. (Do not define solution) 1. Phase I. data collection is completed. �. Because storm water crosses political boundaries, the City will need to coordinate with surrounding cities. 3. EPA - Clean Water Act and other environmental acts will impact decision. General Comments: Actual development of Master Plan has begun. • West Jones Branch engineering design is complete. Easements are being acquired. Bids will be taken Fall 1999. • South Fork of Kirkwood Branch is 30% designed. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Phase I - Master Drainage Plan section • Executive Summary • Priority Ranking L COMDEV"WP-FILES'PROJECTS\PRIORITY'PROJ-REQ FRM\DRAINMP3 DOC Form Date:March 19. 1999 Page 1 of 1 (r PROJECT ADVOCACY FORM Low SHORT TITLE: Drainage Ordinance No. 605 TYPE OF PROJECT: Scope: New , Minor Revision X , Major Revision Type: Ordinance X , Master Plan Component . Project Other: REQUESTED BY: Scott Martin and Debra Edmondson CC X , P&Z , ZBA , PB . STAFF , OTHER: STAFF CONTACT: Charlie Thomas DATE OF REQUEST: June 5, 1998 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) l. We must mitigate the massive amount of new additional run-off which will be generated by the 200% to 300% increase in the impervious coverage from the expansion of S.H. 114 and its associated interchanges and "Fly-overs", the expansion of F.M. 1709 and F.M. 1938, as well as dic plcili i-a�l new commercial development associated with these three corridors. 2. We must eliminate the filling of or building within the "Flood Plains" of our city in order to protect the downstream properties. 3. We must mitigate the run-off of toxic materials, such as motor oil, hydraulic fluid, brake fluid. antifreeze. etc., from roadways, highways, parking lots, driveways, etc., in order to protect and prevent contamination of our underground water table, as well as our streams. ponds. and lakes and their associated wildlife. List any potential considerations. (Do not define solution) 7 General Comments: These efforts should "dovetail" or pre-empt the Corp of Engineers, E.P.A. and the T.N.R.C.C. in regards to their anticipated new requirements/regulations in regards to the above listed concerns. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. L.b. L COSIDE\\1 P-FILES',PROJECTS\PRIORITVPROJ-REQ.FRSI`DR-ORDO'_DOC Form Date:March 19. 1999 Page I of 1 6 PROJECT ADVOCACY FORM SHORT TITLE: Zoning Ordinance Revisions: Outside Storage and Screening Standards TYPE OF PROJECT: Scope: New , Minor Revision X , Major Revision Type: Ordinance X , Master Plan Component . Project Other: REQUESTED BY: Karen Gandy, Zoning Administrator STAFF CONTACT: Karen Gandy. Zoning Administrator, 481-5581, ext. 743 DATE OF REQUEST: 10/23/96 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Development standards for outside storage and screening are not compatible with the community=s vision. 2. Walls. fencing. hedges/plantings may not be adequate to totally screen the outside stora�`e. parking areas. etc. List any potential considerations. (Do not define solution) 1. Consider differentiating between outside storage and outside display. 2. Consider increasing the height of walls or placement of more mature plantings in order to allow some outside storage. 3. Establish a work group comprised of business representatives, city officials and staff to establish regulations which balance the objectives of the community with the needs of businesses. General Comments: 1. Zoning Administration and Code Enforcement Divisions are faced with outside storage issues on a weekly basis. Current regulations are too subjective and need more definition in order to effectively enforce the community=s standards. List any references to be reviewed (other cities, etc.) or any documents attached to this request. 1. N/A L L`COMDE\ WP-FILES'PROJECTS\PRIORFTY'.PROJ-REQ.FRM\STORAG03.DOC March 19. 1999 Page I of I 7 PROJECT ADVOCACY FORM L._iHORT TITLE: Residential PUD - Reduction in Minimum Acreage Requirement (Land Conservation District) TYPE OF PROJECT: Scope: New . Minor Revision X . Major Revision Type: Ordinance X , Master Plan Component , Project Other: REQUESTED BY: Councilmembers Scott Martin. Gary Fawks. Pam Muller(Ex-councilmember) STAFF CONTACT: Karen Gandy, Zoning Administrator. 481-5581. ext. 743 DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Infill properties (less than 50-acres in size) have presented certain development challenges, such as lotting configuration, access, street alignments, screening and buffering, etc. 2. Appears to be a need for flexibility in infill development. LieList any potential considerations. (Do not define solution) 1. The amount of dedicated open space needs to be reviewed. Currently. the ordinance requires a minimum of 10% for properties being developed residentially. General Comments: Staff supports this concept; however, we recommend that the R-PUD not be reduced below 5 or 10 acres. Currently. R-PUD's require a minimum of 50 acres. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Limited research has been completed. b. c. L L (O\IDE\ NP-FILESPROJECTS\PRIORITY\PROJ-REQ.FR\1\RPCD-ACSDOC Form Date:March 19. 1999 Page 1 of I 8 PROJECT ADVOCACY FORM L.,,SHORT TITLE: Citywide Strategic Plan TYPE OF PROJECT: Scope: New XX . Minor Revision_ _ _. Major Revision Type: Ordinance , Master Plan Component , Project XX Other: REQUESTED BY: CC , P&Z . ZBA , PB , STAFF XX , OTHER: STAFF CONTACT: Shana Yelverton, Assistant City Manager, 481-5581, ext. 705 DATE OF REQUEST: DATE RECEIVED: BY: Note: It is staffs intent with this project to begin anew after receiving feedback from the citizen survey and completion of the upcoming elections. This will allow clear feedback and direction regarding this topic. outline problem, concern or opportunity. (Do not define solution) 1. Ensure that the community, elected officials and staff are moving forward with a shared vision. Create a thrum for making informed decisions when setting budget priorities or deciding when setting budget priorities or deciding among program alternatives. 3. List any potential considerations. (Do not define solution) 1. Process should include community, elected officials, staff. General Comments: Process has begun. but report needs to be inclusive of new Council members. May wish to consider updated survey data. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. L L`COMDEVWP-FILES`PROJECTS\PRIORITYPROD-REQFRM\STRATEG?.DOC Form Date:March 19, 1999 Page 1 of 1 PROJECT ADVOCACY FORM L..,'HORT TITLE: Storm Water Utility District TYPE OF PROJECT: Scope: New XX . Minor Revision , Major Revision Type: Ordinance , Master Plan Component , Project XX Other: REQUESTED BY: CC , P&Z . ZBA , PB , STAFF , OTHER: STAFF CONTACT: Bob Whitehead. Director of Public Works. 481-5581, ext. 740 DATE OF REQUEST: DATE RECEIVED: _ BY: Outline problem, concern or opportunity. (Do not define solution) 1. Need method of financing drainage improvements besides property tax. ?. Storm Water Master Plan is being developed which wiii define the drainage needs by basin and by creek branch. 3. (Owl-List any potential considerations. (Do not define solution) 1. Surrounding cities have already instituted such a drainage district. ,. General Comments: Storm Water Utility District would also finance the engineering for the Master Plan along with capital improvements and maintenance. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Cities of Grapevine. Keller, Colleyville all have such districts. b. L L`,COMDE\'A1 P-FILES'PROJECTS`,PRIORITYPROJ-REQ.FRM\STORM'_.DOC Form Date:March 19. 1999 Page 1 of 1 J O • PROJECT ADVOCACY FORM LSHORT TITLE: Utility Placement Ordinance TYPE OF PROJECT: Scope: New XX , Minor Revision , Major Revision Type: Ordinance XX . Master Plan Component , Project Other: REQUESTED BY: CC , P&Z . ZBA PB , STAFF , OTHER: STAFF CONTACT: Bob Whitehead, Director of Public Works. 481-5581, ext. 740 DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Location of improvements to public utilities within the City. Lack of communication with Franchise holders (other utility companies). 3. Large number of utilities in City ROW. LList any potential considerations. (Do not define solution) 1. Telecommunications Act may have impacted this area of control. Utility companies have individual franchise agreements. 3. General Comments: Many meetings have been held with the utility companies jointly and individually. Utility companies do not want more regulations. City staff has received more cooperation since discussions started on a new ordinance. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. L L.COMDEV`\i'P-FILESPROIECTSPRIORITYPROJ-REQ.FRM\UTILPLC'_.DOC Form Date:March 19, 1999 Page 1 of !1 PROJECT ADVOCACY FORM SHORT TITLE: City Initiated Rezonings TYPE OF PROJECT: Scope: New , Minor Revision , Major Revision Type: Ordinance XX , Master Plan Component , Project Other: REQUESTED BY: Ronnie Kendall, City Councilmember STAFF CONTACT: Karen Gandy, Zoning Administrator. 481-5581, ext. 743 DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Potential for development to occur on tracts currently zoned more intensively than might be desired. 1. Less control on already zoned tracts. - List any potential considerations. (Do not define solution) (...„, 1. A list of zonings which do not conform to the 1998 LUP recommendations was included in the data accumulated for the 1998 LUP update. Look at all properties zoned "C-3" to see if"C-2" or "C-1" would be more appropriate to the intensive uses of the surrounding areas. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. L... L.,COhIDE\`k1 P-FILES'PROTECTS-.PRIORITY,PROLREQ.FRM\REZONE02.DOC Form Date: March 19. 1999 Page I of I 1Z PROJECT ADVOCACY FORM. ,SHORT TITLE: Lighting Standards TYPE OF PROJECT: Scope: New X , Minor Revision , Major Revision Type: Ordinance X , Master Plan Component , Project Other: REQUESTED BY: Pam Muller, ex-Councilmember STAFF CONTACT: Gary Gregg, Deputy Director of Police Services DATE OF REQUEST: 10/23/96 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Add section on "Lighting Standards" to the zoning ordinance 2. Address the adjacency issues between residential and nonresidential developments. List any potential considerations. (Do not define solution) I. Establish measurable (enforceable) standards to assist building inspections and code enforcement. L General Comments: Take into consideration zoning categories, light direction, parking lots, buildings. athletic stadiums/fields. parks. List any references to be reviewed (other cities, etc.) or any documents attached to this request. L L.COXIDE% 1 P-FILES PROJECTS\PRIORITYPROJ-REQ.FRY1\LIGHT4.DOC March 19. 1999 Page I of 1 13 • PROJECT ADVOCACY FORM Le SHORT TITLE: Street Light Standards Ordinance TYPE OF PROJECT: Scope: New X , Minor Revision , Major Revision Type: Ordinance X . Master Plan Component , Project Other: REQUESTED BY: Pamela Muller STAFF CONTACT: Charlie Thomas, Deputy Director of Public Works DATE OF REQUEST: 1-30-98 DATE RECEIVED: 1-30-98 BY: GL Outline problem, concern or opportunity. (Do not define solution) 1. Control glare. ?. Enhance country atmosphere of community, while providing safe lighting. 3. Driving safety, provide visibility without blinding lights. List any potential considerations. (Do not define solution) (low 1. Limit candlepower. �. Shield light direction. 3. Floodlights, searchlights. General Comments: Take into consideration zoning categories, light direction, parking lots, buildings, athletic stadiums/fields. parks. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Town of Kennebunkport b. City of Plano c. Maine study L L.,CO%IDEVWP-FILES'PROJECTS\PRIORITY\PROD-REQ.FRNPST-LITES DOC Form Date:March 19. 1999 Page I of Iit PROJECT ADVOCACY FORM SHORT TITLE: Street Standards Ordinance (Revision to Ordinance 217) TYPE OF PROJECT: Scope: New XX . Minor Revision , Major Revision Type: Ordinance XX . Master Plan Component . Project Other: REQUESTED BY: CC , P&Z . ZBA , PB . STAFF , OTHER: STAFF CONTACT: Bob Whitehead, Director of Public Works. 481-5581. ext. 740 DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Old ordinance which is outdated. Street construction materials have changed. 3. Opportunity to develop a "Standards Manual' for all infrastructure. List any potential considerations. (Do not define solution) I. Construction standards -- i.e.. materials, testing methods are changing. Ordinance has not changed. Need flexibility in ordinance to develop new standards without the need to change the ordinance. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. NCTCOG b. TxDOT L L`,CO\IDEN NP-FILES-PROJECTSTRIORITY^PROJ-REQ FRN STREETS'_.DO( Form Date:March 19. 1999 Page 1 of 1 Ic PROJECT ADVOCACY FORM (tawiSHORT TITLE: Zoning Ordinance Revisions: Resurrect Ordinance 480-V (misc. revisions) TYPE OF PROJECT: Scope: New . Minor Revision , Major Revision X Type: Ordinance , Master Plan Component , Project Other: REQUESTED BY: Karen Gandy, Zoning Administrator CC , P&Z , ZBA , PB , STAFF X , OTHER: DATE OF REQUEST: 10/23/96 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Clarify the variance language in the S-P-1/S-P-2 districts. 2. Revise the definition of accessory buildings/uses and address the regulation of these structures/uses. 3. Change the method of calculating parking spaces for multiple buildings constructed on the same lot. 4. Revise the roadway cross-section references in the bufferyard section to correspond with the anticipated changes in the Master Thoroughfare Plan. List any potential considerations. (Do not define solution) I. This ordinance has been worked on a great deal and has been before P&Z once. There were many changes recommended to wording in the original ordinance. Before these changes could be modified and brought forward, the Telecommunications issues required a reallocation of staff time. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. N/A L L:COMDEV\WP-FILES`PROJECTS\PRIORITY\PRO1-REQ.FRM\480V_02.DOC March 19. 1999 Page I of I /6 PROJECT ADVOCACY FORM (...„.SHORT TITLE: SUP for Commercial Uses in Industrial Districts (amendment to Zoning Ord.) TYPE OF PROJECT: Scope: New__ _ . Minor Revision , Major Revision Type: Ordinance . Master Plan Component , Project Other: REQUESTED BY: Developers & Land Owners in Commerce Business Park STAFF CONTACT: Greg Last or Karen Gandy, Zoning Administrator, 481-5581, ext. 743 DATE OF REQUEST: 3/98 DATE RECEIVED: BY: GL Outline problem, concern or opportunity. (Do not define solution) 1. There are multiple uses within the light industrial park that could benefit from the ability to have a small retail component. ?. It might allow businesses to grow within Southlake and remain in Southlake. 3. LList any potential considerations. (Do not define solution) 1. 3. General Comments: There appear to be two options, create a mixed use business district or amend the existing SUP (#31) and increase the allowed percentage of retail in the designated districts. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. c. Low, L CO\IDE\ P-FILES PROJECTS\PRIORITY'.PROJ-REQFRNI\SUP-INDI.DOC Form Date:March 19. 1999 Page 1 of 1 1 ? PROJECT ADVOCACY FORM LiFIORT TITLE: Amortization of Certain Uses TYPE OF PROJECT: Scope: New , Minor Revision , Major Revision Type: Ordinance , Master Plan Component . Project Other: Process for the Board of Adjustment REQUESTED BY: City Council STAFF CONTACT: Karen Gandy, Zoning Administrator. 481-5581. ext. 743 DATE OF REQUEST: 10/25/96 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. The property at the northwest corner of Highland and SH 114 2. The pool chemical facility in East Haven Addition along Continental List any potential considerations. (Do not define solution) (hipp1. Will require budgeting professional services for a forensic accountant to evaluate the business records e of the affected companies. 2. Will require a great deal of the city attorney's time monitoring the Board of Adjustment proceedings. General Comments: We have discussed the amortization of these uses in the past. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. c. L L:\COMDEV\W P-FILES',PROJECTS\PRIORITY\PROD-REQ.FRM\AMORTIZ2.DOC March 19. 1999 Page 1 of 1 ,s PROJECT ADVOCACY FORM ,SHORT TITLE: Sidewalk Trail Implementation Plan TYPE OF PROJECT: Scope: New___ X __, Minor Revision . Major Revision Type: Ordinance , Master Plan Component . Project Other: REQUESTED BY: Kim Lenoir for SPDC & Park Board Members STAFF CONTACT: Kevin Hugman, Director of Community Services, 481-5581. ext. 757 DATE OF REQUEST: 1-26-98 DATE RECEIVED: 1-26-98 BY: GL Outline problem, concern or opportunity. (Do not define solution) 1. To prepare a plan for implementing trail and sidewalk construction per the master plan. Much like the sewer program. 3. List any potential considerations. (Do not define solution) Lioe 1. Trail and sidewalk construction should be tied into CIP for street construction. 2. Develop implementation plan in consent with planned Trail System Master Plan updated scheduled for 1999. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. (kir L COSMDEV WP-FILES PROJECTS\PRIORITYTROJ-REQ FRM\SIDE-IMG DOC Form Date:March 19, 1999 Paae I of 1 I i Ct PROJECT ADVOCACY FORM L.„SHORT TITLE: Commercial Dumpster Ordinance TYPE OF PROJECT: Scope: New XX . Minor Revision , Major Revision Type: Ordinance XX , Master Plan Component , Project Other: REQUESTED BY: CC , P&Z , ZBA , PB , STAFF XX, OTHER: STAFF CONTACT: Shana Yelverton DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) l. Many of the commercial customers are not using dumpsters, rather, they set out their garbage as if they were a residential customer. this leads to a large number of plastic bags, etc., placed on the roadway in areas such as FM 1709. ?. In the residential neighborhoods, builders pile up the scrap material and other waste, to be removed later. Not only is this unsightly. with the wind this is a problem with paper and other (leir such debris being blown about the area. 3. List any potential considerations. (Do not define solution) 1. General Comments: Requiring all commercial customers to use a dumpster, and requiring homebuilders to use a dumpster (which could perhaps be shared in subdivision where houses are being constructed next door to each other, would go a long way in cleaning up our City. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. L.COMDE \%P-FILES`PROJECTS\PRIORITY'PROJ-REQFRM COMDUMPI.DOC Form Date:March 19. 1999 Page I of 1 Z� PROJECT ADVOCACY FORM LSHORT TITLE: Utility Policies and Standards Ordinance (Revisions to Ord. 217) TYPE OF PROJECT: Scope: New , Minor Revision , Major Revision XX Type: Ordinance XX . Master Plan Component . Project Other: REQUESTED BY: CC , P&Z . ZBA , PB , STAFF , OTHER: STAFF CONTACT: Bob Whitehead, Director of Public Works, 481-5581, ext. 740 DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Old ordinance which is outdated. ?. Water and sewer construction materials have-changed. 3. Opportunity to develop a "Standards Manual" for all infrastructure. Le List any potential considerations. (Do not define solution) 1. Construction standards -- i.e.. materials, testing, construction methods are changing. Ordinance has not changed. Need flexibility in ordinance to develop new standards without the need to change the ordinance. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. NCTCOG Standards b. TxDOT Standards L L CONIDEVN'P-FILES'PROJECTS PRIORITY':PROJ.REQ FRMI\UTILPOL2 DOC Form Date:March 19, 1999 Page 1 of 1 Z1 PROJECT ADVOCACY FORM SHORT TITLE: Zoning Ordinance Revisions: Correcting inconsistencies between "Frontage," "Front Yard," "Lot Frontage" TYPE OF PROJECT: Scope: New , Minor Revision_, Major Revision X Type: Ordinance , Master Plan Component , Project Other: REQUESTED BY: Karen Gandy, Zoning Administrator STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 DATE OF REQUEST: 10/23/96 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Corner lots require front yard setback on each street frontage. 2. Ordinance requires -front" of the lot to be the lot line along the street which has the least dimension. 3. Builders want the flexibility to choose which street to front. 4. These inconsistencies have caused addressing and permitting problems. 5. There are a growing number of"flag or panhandle lots" being submitted as infill properties are being developed. (16.0, 6. Better define where lot width is measured. (Staffs interpretation: measured at the minimum front yard setback). 7. Establish a minimum lot width for non-residential lots. List any potential considerations. (Do not define solution) 1. Consider adding. a development regulation for "Side Yards Adjacent to Street- like PUD's have in their regulations. 2. Establish minimum criteria for approval of flag lots (e.g., maximum number of lots, maximum acreage, etc.). 3. Consider reducing the minimum lot width of cul-de-sac lots to 85' instead of the required 100' for residential lots so that only the minimum required front setback is shown on the plat. 4. Revise yard definitions to better evaluate the appropriate setbacks, especially on irregularly-shaped lots. 5. Determine whether adequate lot frontage is achieved by the lot abutting a public street or by accessing a public street by means of a common access easement. If the lot does not have to abut a public street. how are the required setbacks established...where are the front, side, and rear yards of the lot? General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. (1118., a. N/A L.CO\IDE\-\\P-FILES PROJECTS'.PRORIT\PROD-REQ.FRNI\FRONT-04 DOC File Date:March 19. 1999 Page 1 of 1 Z'Z • PROJECT ADVOCACY FORM SHORT TITLE: Special Events Permit and Procedures TYPE OF PROJECT: Scope: New X , Minor Revision , Major Revision Type: Ordinance X , Master Plan Component , Project Other: REQUESTED BY: Karen Gandy, Zoning Administrator STAFF CONTACT: Karen Gandy. Zoning Administrator. 481-5581. ext. 743 DATE OF REQUEST: 5/97 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Currently we have no process whereby special events (school carnivals, retail promotions, art festivals, etc.) can be approved. 2. l own Square development references the issuance of Specific Use Pefinits for special outdoor events. The discussion at the time was that the ordinance would be amended to create a SUP for such events. List any potential considerations. (Do not define solution) 1. Need to address length of permit, frequency of permits, hours of operation, alcoholic beverage sales. parking. lighting, signaue. traffic management issues General Comments: I would suggest that for certain of these events that the Council consider amending the accessory use section and establish certain criteria for Staff approval of these permits, like the tent permit for retail sales. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Research in progress. L L COMMV WP-FILES`PROIECTS'-:PRIORITY'PROJ-REQ FRM\SPECIAL;DOC Form Date:March 19. 1999 Page I of I Z3 • PROJECT ADVOCACY FORM SHORT TITLE: Open Records Ordinance TYPE OF PROJECT: Scope: New XX , Minor Revision _, Major Revision Type: Ordinance XX , Master Plan Component , Project Other: REQUESTED BY: CC , P&Z , ZBA , PB , STAFF , OTHER: STAFF CONTACT: Curtis E. Hawk, City Manager. 481-5581. ext. 702 DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Southlake's ordinance was established in 1987. It does not follow state statutes nor necessarily represent current needs; e.g., cost for copies, etc. Update records ordinance to address procedure for processing open records requests. 3. (low,List any potential considerations. (Do not define solution) 1. Needs to follow state statutes. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. L1CON.IDEV WP-FILES'.PROJECTS\PRIORITY V'ROJ-REQ.FRMNOPENREC I.DOC Form Date:March 19. 1999 Page 1 of 1 Z�! PROJECT ADVOCACY FORM LSHORT TITLE: Septic Ordinance TYPE OF PROJECT: Scope: New XX , Minor Revision . Major Revision Type: Ordinance XX . Master Plan Component . Project Other: REQUESTED BY: CC , P&Z , ZBA , PB , STAFF , OTHER: STAFF CONTACT: Bob Whitehead. Director of Public Works. 481-5581. ext. 740 DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Septic systems in an urban residential setting tnd to saturate the soils therebyy causing runoff. 3. LList any potential considerations. (Do not define solution) 1. Tarrant County Public Health Dept. serves as the city's provider of this service. ?. One acre lots can have "on-site" disposal system. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. L L.ICONIDEVWP-PILES`.PROJECTS\PRIORITY\PROD-REO-FRM\SEPTIC2.DOC Form Date:March 19, 1999 Page 1 of 1 PROJECT ADVOCACY FORM LSHORT TITLE: Trail System Master Plan Update TYPE OF PROJECT: Scope: New X . Minor Revision . Major Revision Type: Ordinance , Master Plan Component . Project Other: REQUESTED BY: Kim Lenoir for SPDC STAFF CONTACT: Kevin Hultman. Director of Community Services. 481-5581. ext. 757 DATE OF REQUEST: 1-26-98 DATE RECEIVED: 1-26-98 BY: GL Outline problem, concern or opportunity. (Do not define solution) 1. Per City Charter, the Trail System Master Plan needs to be reviewed and updated in four years. It was adopted in August 1995; therefore, by August 1999 the revisions should be completed. So by Fall 1998 this project should begin. 3. List any potential considerations. (Do not define solution) 1. With recent development, P&Z needs further refinement and guidance as to which side of the road trails will be located. (Done - Trail System Master Plan with guidelines approved July 7, 1998.) 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. L L COVDE\'NP-FILES'PROJECTS\PRIORIT' PROJ-REQ FRM\TSMP-UP3.DOC Form Date:March 19, 1999 Page 1 of t Z� • PROJECT ADVOCACY FORM (161.„Please fill out the following information related to your request for consideration of a project. ordinance or revision to an existing ordinance. A disk copy of this form can be provided to allow you to insert your comments in typed form. Contact Lori Farwell in Community Development at (817) 481-5581. ext 744. SHORT TITLE: Noise Ordinance Update TYPE OF PROJECT: Scope: New , Minor Revision XX , Major Revision Type: Ordinance XX Master Plan Component . Project Other: REQUESTED BY: CC , P&Z , ZBA . PB , STAFF , OTHER: DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Le3. List any potential considerations. (Do not define solution) 1. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. L,COAIDEl`•WP-FILES:PROJECTS\PRIORITY\PROJ-REQ.FMNOISEI.WPD Form Date: February 24. 1998 Page 1 of 1 27 ORDINANCE REQUEST FORM L., ?lease fill out the following information related to your request for consideration of a new ordinance or revision to an existing ordinance. A disk copy of this form can be provided to allow you to insert your comments in typed form. Contact Kim Bush in the City Manager's office at (817) 481-5581. ext 702. SHORT TITLE: Park Dedication Ordinance REQUESTED BY: K. Lenoir CC P&Z ZBA_PB X STAFF X OTHER BOARD OR GROUP: DATE OF REQUEST: 10/18/96 DATE RECEIVED: BY: SCOPE OF EFFORT: New Ordinance . Minor Revision X . Major Revision . Outline problem, concern or opportunity. (Do not define solution) 1. Question need to provide 50% credit for private amenities _. iuvoi e developers early whir cUli.C111J fur public pai-k and iccication needs. including trails 3. -------- ---- ------ --------- List any potential considerations. (Do not define solution) 1. , . General Comments: This ordinance has been prepared by Chris Carpenter of the Community Development staff per the feedback and direction of the Park Board. The Park Board has given formal recommendation for approval and it is scheduled to be a discussion item for the second P&Z meeting in Nlarch. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. c. L \\SLKSV0001 SHARED\COMDEV\WP-FILES\PROJECTS\PRIORITY\PROD-REQ.FRM\PARK-DED March 14. 1997 Page 1 of 1 !I 8 PROJECT ADVOCACY FORM SHORT TITLE: Revisions to Landscape Ordinance TYPE OF PROJECT: Scope: New . Minor Revision XX , Major Revision Type: Ordinance XX , Master Plan Component . Project Other: REQUESTED BY: Scott Martin& Debra Edmondson, Councilmembers STAFF CONTACT: Keith Martin. Landscape Administrator. 481-5581. ext. 848 DATE OF REQUEST: 6-24-98 DATE RECEIVED: 6-25-98 BY: GL Outline problem, concern or opportunity. (Do not define solution) l. Coordinate Section 3.4 (parking lot landscaping) with concurrent revisions to the commercial parking requirements. _'. Coordinate this ordinance with the revised "Tree Preservation Ordinance- with regards to credits. protection. irrigation. etc. 3. Insure proper maintenance & replacement of commercial landscaping & assessment of plant those material replacement standards. List any potential considerations. (Do not define solution) 1. Update listed recommended plant materials. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Revised Tree Preservation Ordinance. b. Recommended plant materials from the Texas Agricultural Extension Service. L L CO\IDE\"UP-FILES PROJECTS\PRIORITYPROJ-REQ LANDSCO I.DOC Form Date: March 19, 1999 Page 1 of 1 PROJECT ADVOCACY FORM ,SHORT TITLE: MICHAEL DRIVE INITIATIVE TYPE OF PROJECT: Scope: New . Minor Revision . Major Revision Type: Ordinance , Master Plan Component . Project Other: Program REQUESTED BY: Barbara Claffey, Direction given by City Council on 12-1-98 CC X , P&Z . ZBA . PB . STAFF , OTHER: STAFF CONTACT: Karen Gandy. Zoning Administrator DATE OF REQUEST: December 1, 1998 DATE RECEIVED: BY: KPG Outline problem, concern or opportunity. (Do not define solution) 1. Historically has been an area of significant code enforcement issues. '. Landowners unwilling / unable to expend funds for upgrades due to inability to acquire zoning matching the existing uses. 3. Significant issues with dust and noise on site. (libie List any potential considerations. (Do not define solution) 1. Look at resolving existing landowner problems as well as adjacent homeowner problems. General Comments: Will require significant effort on staffs part as a facilitator/ coordinator: • Assist in preparation of adequate zoning (uses, existing conditions, etc.) • Help coordinate diverse interests List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. c. L L.'.CONIDEVW'P-FILES'PROJECTS\PRIOR1TVPROJ-REQ.FRMMIIKE-01.DOC Form Date:March 19. 1999 Page 1 of 1 30 PROJECT ADVOCACY FORM LSHORT TITLE: Sign Ordinance Revisions (704-B) Open House Signs TYPE OF PROJECT: Scope: New_ _ . Minor Revision X . Major Revision Type: Ordinance X , Master Plan Component , Project Other: REQUESTED BY: Debra Edmondson. City Councilmember STAFF CONTACT: Stefanie Sarakaitis. Comprehensive Planner. 481-5581, ext. 753 DATE OF REQUEST: March 19, 1999 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Local Realtors have expressed frustration with an inability to properly advertise "Open Houses" due to the limited number of signs allowed to be placed by the Sign Ordinance. They cannot attract drive-through traffic. List any potential considerations. iDo not define solution) Le 1. Southlake residents may feel limited in their ability to properly market and sell their homes. This may place an unintended hardship on our residents - similar to the "Garage Sale" sign issue. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. c. Le L{'OXIDE\-,\\P-FILES':PROJECTS\PRIORITY\PROJ-REQ FRM\SIGN3.DOC March 19. 1999 Page 1 of 1 3 f PROJECT ADVOCACY FORM SHORT TITLE: HOTEL/MOTEL REGULATIONS TYPE OF PROJECT: Scope: New . Minor Revision , Major Revision Type: Ordinance X . Master Plan Component . Project Other: REQUESTED BY: Greg Last, Community Development Director CC , P&Z . ZBA PB . STAFF X , OTHER: STAFF CONTACT: Art Wright. Zoning Assistant DATE OF REQUEST: 12/98 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. To establish regulations to insure quality hotel developments in Southlake (bp, List any potential considerations. (Do not define solution) 1. Proximity of restaurants. shopping, services, etc. ?. Permit hotels in certain districts by Specific Use Permit. 3. Bed and Breakfast establishments General Comments: General desire is to insure quality commercial growth, particularly along the SH 114 corridor where more regional types of services might be provided. We want to be able to assure potential corporate relocations that only hotels of a certain standard would be constructed along the corridor in order to maintain a professional image for the corridor. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. L L'CO\1DE\"NP-FI LES PROJECTS'PRIORITY PROJ-REQ.FR\PHOTEL:DOC Form Date: March 19, 1999 Page 1 of 1 3Z PROJECT ADVOCACY FORM LSHORT TITLE: All America City Award in 2000 TYPE OF PROJECT: Scope: New X . Minor Revision , Major Revision Type: Ordinance , Master Plan Component , Project X Other: REQUESTED BY: City Manager's Office CC , P&Z , ZBA , PB . STAFF XX , OTHER: STAFF CONTACT: Shana Yelverton. Assistant City Manager DATE OF REQUEST: 2-2-99 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Opportunity to obtain All America City designation from National Civic League �. Award criteria favors community endeavors, as opposed to city, government-led endeavors. A community task force, whose mission it would be to identify projects for submission, prepare application, and present information to NCL if selected as a finalist, could increase our chances of (lire receiving the award. List any potential considerations. (Do not define solution) 1. Task force would need to evaluate projects for possible inclusion in the application. 2. Task force would need to receive training on the award program, application preparation, etc. 3. Task force would need to be appointed soon, with application due in March/April 2000. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Previous informational packets from NCL b. Application materials from award-winning cities L L..CONIDE\"\1P-FILES':PROJECTS\PRIORITYPROJ-REQ FRM\ALL-A\1O'_.DOC Form Date:March 19. 1994 Page 1 Of 1 - 33 PROJECT ADVOCACY FORM LPHORT TITLE: Clean Streets/Beautiful City Project TYPE OF PROJECT: Scope: New XX . Minor Revision , Major Revision Type: Ordinance . Master Plan Component Project XX Other: REQUESTED BY: City Manager's Office CC , P&Z . ZBA . PB . STAFF XX , OTHER: STAFF CONTACT: Kevin Hugman DATE OF REQUEST: 2-2-99 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) i. i rash accumulation on streets and in bar ditches significantly deters from the attractiveness of the city. 2. In connection with the establishment of entry portal sites, the City of Southlake should look for opportunities for beautification projects (i.e.. Wal Mart strip), tree planting demonstration programs. etc. 3. List any potential considerations. (Do not define solution) 1. Coordination with KSB and other community groups ?. Identification of code enforcement issues. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. L L.'.CO\IDEVWP-FILES PROJECTS\PRIORITY`PROD-REQ FMCLEANST'_.DOC Form Date:March 19. 1999 Paste 1 of 1 3 Lf PROJECT ADVOCACY FORM 1 SHORT TITLE: Southlake Historical Commission TYPE OF PROJECT: Scope: New XX , Minor Revision , Major Revision Type: Ordinance , Master Plan Component , Project XX Other: REQUESTED BY: City Manager's Office CC , P&Z , ZBA . PB . STAFF XX , OTHER: STAFF CONTACT: Shana Yelverton. Assistant City Manager DATE OF REQUEST: 2-2-99 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. A formal program to preserve Soiitihiai.c hiaiviy is heeded as the i uinaii resources" currently available to document historical events and places diminish within our community. Effort would need to be coordinated with Southlake Historical Society. (111.1., 3. List any potential considerations. (Do not define solution) 1. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. L L CO\IDEV"\%I.-FILES PROJECTS PRIORITY^PROD-REQ.FRM\SLHISTO'_.DOC Form Date: March 19. 1999 Page 1 of 1 35- PROJECT ADVOCACY FORM Le SHORT TITLE: Youth Master Plan Development TYPE OF PROJECT: Scope: New X . Minor Revision , Major Revision Type: Ordinance . Master Plan Component . Project X Other: REQUESTED BY: City Manager's Office CC , P&Z , ZBA , PB . STAFF XX , OTHER: STAFF CONTACT: Kevin Hultman DATE OF REQUEST: 2-3-98 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Youth programs offered in Southlake are good and SYAC is at a point where it could really take off, but we have not yet undertaken a focused and organized approach to determine the types of programs and services we need to offer children, youth and families. i here is eurreiaiy no formai road map guiding the community for youth initiatives. ?. Through SYAC, the Youth Park Board and Southlake Parks and Recreation Board. the Drug & (itime Alcohol Committee, local school districts and other community groups, the City of Southlake has an extensive community network of citizens (both youth and adults) to actively provide input into the development of a youth master plan. These groups also provide a framework through which services and programs could be offered. List any potential considerations. (Do not define solution) 1. A broad cross-section of the Southlake community should be involved in the development of the plan. 2. The plan could be very expansive or limited in scope, but would probably require the appointment of a citizen steering committee to guide the process. 3. Strong coordination would be needed to ensure existing resources are involved and active in the process. The development of a Youth Master Plan should be a comprehensive effort. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. IC MA award-winning plans from Claremont, CA and Corpus Christi. TX L.':CO\IDE\'\\P-FILES'PROJECTS'PRIORITY`PRO1-REQ.FR>HYOL'TH02DOC Form Date: March 19. 1999 Page 1 of 2 3' PROJECT ADVOCACY FORM LSHORT TITLE: Parade and Street Closure Ordinance TYPE OF PROJECT: Scope: New X . Minor Revision . Major Revision Type: Ordinance , Master Plan Component , Project Other: REQUESTED BY: CC , P&Z , ZBA , PB . STAFF X , OTHER: STAFF CONTACT: Gary Gregg. Deputy Director of Police Services DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) I. Expanding city coupled with civic pride will increase requests for parades and street closures. �. Differing opinions and groups will be requesting permission to parade in downtown. 3. Need mechanism to regulate othern than SUP. List any potential considerations. (Do not define solution) Le I. Establish ordinance to regulate parades and street closings. '. Low or no fee for neighborhoods. Public Works review. DPS review. Code Enforcement review process. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Fort Worth b. Arlington c. Dallas and other ordinances L L'.CO\IDE\'ttP-FILES`PROJECTSPRIORITYWROJ-REQ.FR\I\PARADE I.DOC Form Date:March 19. 1999 Page I of I 3 PROJECT ADVOCACY FORM SHORT TITLE: Revise Bicentennial Park Master Development Plan TYPE OF PROJECT: Scope: New , Minor Revision _, Major Revision X Type: Ordinance , Master Plan Component , Project X Other: REQUESTED BY: CC , P&Z , ZBA PB X , STAFF X , OTHER: STAFF CONTACT: Kevin Hugman. Director of Community Services Director DATE OF REQUEST: March 1999 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Review master plan concept and revise to incorporate unanticipated land acquisitions and as-built park components. _. Review maintenance facility layout, access roads, and future park facility needs. 3. (411,.., List any potential considerations. (Do not define solution) 1. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. c. L L.CO\IDE\'\\P-FILES PROJECTS'\PRIORITY`PROJ-REQ FR\PBICENN I DOC Form Date:March 19. 1999 Page 1 of 1 38 PROJECT ADVOCACY FORM SHORT TITLE: Revise Bob Jones Park Master Development Plan TYPE OF PROJECT: Scope: New . Minor Revision . Major Revision X Type: Ordinance . Master Plan Component , Project X Other: REQUESTED BY: CC , P&Z , ZBA , PB X . STAFF X , OTHER: STAFF CONTACT: Kevin Hugman. Director of Community Services Director DATE OF REQUEST: March 1999 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) l. Recent land acquisition opportunities adjacent to Bob Jones Park have significantly altered the original park boundaries. �. Develop a new park master development plan to iiicucie these areas. 3. cao,, List any potential considerations. (Do not define solution) 1. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. c. L L.,CO\IDE\".\\P-FILES'PROJECTS\PRIORITY\PROJ-REOFR\P:BOBIONE I DOC Form Date:March 19. 1999 Paae 1 of 1 3/1, PROJECT ADVOCACY FORM L SHORT TITLE: Underground Utilities TYPE OF PROJECT: Scope: New XX , Minor Revision , Major Revision Type: Ordinance , Master Plan Component , Project Other: REQUESTED BY: Baron Rittiner (817)491-3939 CC , P&Z , ZBA , PB , STAFF , OTHER: Citizen STAFF CONTACT: Ron Harper, Director of Engineering DATE OF REQUEST: 3/22/99 DATE RECEIVED: 4-15-99 BY: GL Outline problem, concern or opportunity. (Do not define solution) 1. Visual pollution. 2. Proliferation of overhead utility cables and poles - see Kimball Avenue and S.H. 114 (NW corner). 3. Lack of maintenance of utility poles - crooked, leaning - see south side of S.H. 114 between Loy Carroll Avenue and Kimball Avenue. List any potential considerations. (Do not define solution) 1. Total cost of relocating overhead utilities over a 25-35 year period of rapid growth would exceed cost to bury. 2. Dual certification- TU/Tri-County guarantees that Southlake will have a much worse problem over time than surrounding cities. General Comments: Long term visual and aesthetic impact of overhead utilities will have a significant negative economic impact. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Flower Mound -F.M. 2499 - overhead utilities moved underground. b. April 97 -breakfast with Curtis Hawk to discuss this issue. c. Shawn Poe is researching S.H. 114 utility easements. L O L:\COMDEV\WP-F!LES\PROJECTS\PRIORITY\PROD-REQ.FRM\under-0I.doc Form Date:May 14,1999 Page 1 of 1 PROJECT ADVOCACY FORM SHORT TITLE: Revisions to Tax Abatement Policy TYPE OF PROJECT: Scope: New , Minor Revision , Major Revision XX Type: Ordinance , Master Plan Component , Project Other: REQUESTED BY: City Council CC X , P&Z , ZBA , PB , STAFF , OTHER: DATE OF REQUEST: May 4, 1999 DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. Existing policy may not clearly articulate the type and quality of entities we desire 2. Existing policy may not clearly request adequate information that council and staff need for proper review and consideration ;. List any potential considerations. (Do not define solution) 1. May desire clearer definition of criteria such as employment levels, investment levels, required infrastructure, and impact on the community such as environment and housing 2. May desire inclusion of a formal application ;. General Comments: As the city anticipates an increase in commercial development along S.H. 114. we would like to provide a policy that clearly describes the entities and investment we desire. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Staff contacted over 45 communities within the DFW Metroplex to survey if they have a current tax abatement policy. Further, staff has reviewed the policies of 22 communities and Tarrant County for comparative purposes, and has also contacted the City of Austin. b. L L.,CO\IDEVN%"P.FILES'PROJECTS\PRIORITYPROJ-REQ.FRNI\tas-policy-01.doc Form Date:May 14, 1999 Page 1 of 1 i PROJECT ADVOCACY FORM LSHORT TITLE: TYPE OF PROJECT: Scope: New , Minor Revision , Major Revision Type: Ordinance , Master Plan Component , Project Other: REQUESTED BY: CC , P&Z , ZBA , PB , STAFF , OTHER: STAFF CONTACT: DATE OF REQUEST: DATE RECEIVED: BY: Outline problem, concern or opportunity. (Do not define solution) 1. 3. (11...„ List any potential considerations. (Do not define solution) 1. 2. 3. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. b. c. L LACOMDEVAWP-F[LESTROJECTSTR ORIMPROJ-REQ.FRMVBLANKS.doc Form Date:May 29,1998 Page 1 of 1 w r • City of Southlake, Texas MEMORANDUM LMay 13, 1999 TO: Curtis Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Emergency Management During our emergency preparedness and management meetings we have discussed several ideas of viable solutions for methods of early warning to the public. One of the thoughts was to utilize alphanumeric pagers. While traditionally in emergency management the use of sirens has been used, this always creates urgency and sometimes panic with the general population. These are primarily outside wa riii g- devices. With the siren alert, there is no accurate way of telling the public what type of emergency or to communicate directions to them for their safety. Another area of concern with the siren alert system is that since the public is unsure of the reason for the activation they will call the emergency communications center for details and directions. This causes a burden on the communications center staff in trying to deal with the large amount of phone traffic. Recently the City of Frisco installed outside warning devices (sirens) in their city. The cost of the project was approximately $25,000.00 per device. They have an effective range of one square mile each. It would take 23 to geographically cover the city. A rough estimate at this time would be $575,000.00. By utilizing a pager program we would be able to notify the public of either impending or already occurred disasters. This would also allow us to give immediate instructions on what actions we are requesting them to take. We could also expand the program to include general information, such a major accidents that have blocked streets and intersections. We are also exploring an option of finding a provider for the National Weather Service Activation Warning radio system. We are searching for a reasonable priced radio reciever that be activated by the National Weather Service. In our recent search for a new paging company, we introduced the concept to the prospective vendors. AirTouch and Pagenet paging companies have both offered to provide pagers to the public at a reduced price for participating in the program. On each of these pagers there would be a group encoded in for the purpose of receiving emergency notification. Each state they will provide a flier that will become part of the"Welcome Package"that we now provide to citizens explaining all of the uses and various price options they could elect to participate in. The citizen could actually purchase an alphanumeric pager with voice mail, statewide coverage, CNN News, A(..., w and Southlake Emergency Notification channel for a price cheaper than most can individually obtain a numeric only pager for today. BC/jk Cc: Shana Yelverton,Assistant City Manager L C City of Southlake, Texas MEMORANDUM May 11, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Revisions to Park Use Policy regarding Rustin Park pavilion and other miscellaneous items Action Requested: City Council approval of revisions to the Park Use Policy regarding Rustin Park pavilion and other miscellaneous items. Background Information: The Park Use Policy serves as a guideline for the management of public park and recreational facilities. The Park Use Policy has an effective date of August 4, 1997, and there have been no revisions since that time. The first phase of Southlake Town Square opened on March 20, 1999. This included the opening of two public parks: Rustin Park and Family Park. Rustin Park includes one (1) bandshell pavilion. The intent of the Rustin Park pavilion is to be a unique community facility, available for cultural and community activities held by individuals, community groups, and not-for-profit users. Availability is conditional upon the facility not being reserved for a City function. The current policies do not presently include provisions for the scheduling and use of the Rustin Park pavilion. The proposed changes define the unique nature of the facility and preserves its use for cultural and community activities. Other revisions are recommended in an effort to update and strengthen the policy. These revisions reflect the organizational changes (i.e. Department of Community Services) and address issues such as the overnight use of Bicentennial Park and Bob Jones Park, and further define individual and/or group responsibilities in reserving city park facilities. Financial Considerations: At this time, rental fees for the Rustin Park Bandshell Pavilion will remain consistent with the existing fee schedule. Curtis E. Hawk, City Manager May 11, 1999 for Page Two Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved the revisions at its May 10, 1999 meeting. Legal Review: Not Applicable. Alternatives: Revisions to the Park Use Policy as desired. Supporting Documents: Strikethrough version of Park Use Policy with proposed revisions (in bold italic). Staff Recommendation: Approval of revisions to Park Use Policy regarding Rustin Park Pavilion and other miscellaneous items. KH L Approved for Submittal to City Council: City anag ' :Office c 51.6 -z Department of Community Services Policies and Procedures Manual Policy: Park Use Policy Source: City Council Category: Reservations _ Effective Date: August 4, 1997 Revised Date: May 18, 1999 Statement of Purpose. The City of Southlake has several park facilities that offer recreational opportunities for all citizens of Southlake. The Park Use Policy is a guideline for the management of these public facilities. For information and reservations for any park facilities, call 817-481-5581 ext. 756; or write to the City of Southlake, Parks and Recreation, 400 North White Chapel, Southlake, Texas 76092. A. Definitions - For the purpose of this Park Use Policy the following terms are defined as: 1. Residents: Citizens who live within the city limits of Southlake or pay property tax to the City of Southlake or Carroll Independent School District. 2. Regular Meetings: Meetings held on weekdays, between the hours of 6:00 a.m. on Monday to 4:30 p.m. on Friday. Regular meetings are held on a biweekly, monthly, or bimonthly basis, held at least six (6) times per year and no more than two (2)times per month. B. Facilities and Fees - The City of Southlake shall have the authority to bring in priority functions which may necessitate the removal of activities previously scheduled. The primary use of these facilities is to benefit the public at large and any activities scheduled by the City for the benefit of the public should be given priority over private individuals or groups using these facilities. The Department of Community Services prepares weekly schedules of authorized building reservations and forwards that schedule to dispatch. Keys will only be given out for scheduled meetings or activities. The park facilities are not available to for-profit or for commercial uses. The community facilities are available for public uses, community benefits and not-for-profit uses, unless otherwise restricted. Non-residents may use the facilities on an as available basis. 5.6-3 L:IParkRecIBOARDSIPKBOARDIPacket ItemslParkUseRev.doc (ji,,. II. The Lodge and Community Center. A. Regular Meetings - The Lodge and individual rooms in the Community Center may be reserved for regular meetings by residents. The Parks and .ep Recreation11 D �«m� The Department of Community Services will be- responsible for handling all reservations and scheduling. An annual fee, as specified in the City's fee schedule, is to be paid prior to the first usage of the facility. A list of regular meeting dates must be submitted with the annual fee. A security deposit, as specified in the City's fee schedule, is required at the time of completing the reservation application and may be left on file for the duration of the regularly scheduled meeting dates. The security deposit will be refunded if the facility has been left clean and in order and all keys issued are returned to the Parks and Recreation Department Department of Community Services or Police Dispatch at City Hall within one (1) hour of the conclusion of the facility's use. The Packs-and-Reereation-Department Department of Community Services must be notified within 48 hours of a cancellation of a regular meeting. Failure to do so may result in forfeiture of the security deposit. Cre No group or individual may reserve the Lodge or Community Center for regular meetings from 4:30 p.m. on Friday to midnight Sunday. B. Reservations for Special Activities - may be made by residents and non- residents for special activities, holiday parties, family reunions, birthday parties, etc. on a first-come basis. Teen parties are allowed only in the Lodge. The hours from 6:00 a.m. to midnight, seven(7) days a week,may be reserved on a first-come basis, and reservations cannot be made more than one (1) year in advance. No group or individual may use the facility for more than three (3) consecutive weekends, not to exceed twelve (12) weekends in a fiscal year. A reservation fee and security deposit, as specified in the City's fee schedule, are to be paid at the time the reservation is made for the facility. The security deposit will be refunded if the facility has been left clean and in order and all keys issued are returned to the Department of Community Services or the Police Dispatch at City Hall within one(1) hour of the conclusion of the facility's use: The Depactinent Department of Community Services must be notified within 48 hours of a cancellation of a reservation. Failure to do so may result in forfeiture of the security deposit. Variances to these requirements may be granted, upon request,at the discretion of the City Manager. The Southlake Parks and Recreation Board se- L:IParkRecIBOARDSIPKBOARDIPacket Items1ParkUseRev. oc will make recommendations regarding variances to the City Manager. A variance shall not be granted by the City Manager unless a written request fur a variance is submitted which demonstrates: — 1. Special circumstances exist which are peculiar to the applicant's ability to secure meeting space, and _ 2. That use of the facility by other groups will not be adversely affected by granting the variance. C. Equipment—A TV/VCR and other equipment may be available, as specified in the City's fee schedule. The request for the use of equipment must be submitted with the facility use request. D. Scheduling and Access—The buildings shall be locked when not in use. The keys will be available and can be obtained from the Department Department of Community Services or Police Dispatch in City Hall. Access to the buildings is limited to the scheduled group when meetings are in session. Access to buildings is controlled by Parks and Recreation Department the Department of Community Services. Multiple activities and/or groups may be scheduled at the same time. No group may schedule the buildings for a use that precludes the use of the other available meeting rooms. with all City property—in—its original locatien—and--ter—the of replacement „ of a , damage to he f ci1ity o ent c se.1 by user's negligence or the negligence of guests, invitees, etc. Payment of the security deposit does not release the user of the facility from,responsibility for damages. Any user found in violation will not only forfeit the security deposit,but may be denied further use of the facility. Users found in violation may also be subject to applicable civil and criminal penalties. III. Ballfields and Practice Fields. Ballfields, soccer fields and practice fields are available to the citizens of Southlake. Groups outside the City will be given consideration on an as available basis. The Southlake Baseball Association, Southlake Girls Softball Association, Grapevine Southlake Soccer Association and any activity sanctioned/sponsored by the City of Southlake shall be in accordance with the annual Facility Utilization Agreement. Reservation procedures are available from the Parks & Recreation Department Department of Community Services. IV. Concession Stands. The City of Southlake may have concession contract(s) granting particular vendors exclusivity. All concession vendors must obtain a health permit. �r Residents and non-residents may request use of a concession stand. Requests L:IParkRecIBOARDSIPKBOARDIPacket Items1ParkUseRev.doc must be in writing. Requests will be reviewed by staff and the Parks & and Recreation Board with the City Manager granting final approval. At least one adult must be present in the concession stand while it is open. V. Pavilion, Tennis Courts and Sand Volleyball Courts. A. General- Facility reservations have priority. If there is no reservation, use of the pavilion, tennis courts, and sand volleyball courts will be on a first-come basis. Facilities and equipment may be rented in accordance with the City's fee schedule. B. Pavilion at Town Square-Rustin Park-The Pavilion at Town Square-Rustin Park may be reserved for cultural and community activities by individuals, community groups, and not-for-profit users on a first-come basis when it is not scheduled for a City function. Due to its uniqueness as a major community facility, reservations for the Pavilion at Town Square-Rustin Park are subject to the review and approval by the Department of Community Services and/or the Parks and Recreation Board Each reservation request will be evaluated based on the requirement that it be tied to a cultural and/or community based activity. Reservations are subject to last minute revision to ensure the availability of the pavilion for public functions. This shall include the right to terminate a reservation during the activity if conditions so warrant. 1. Variances- Variances to these requirements may granted,ranted, upon request, at the discretion of the City Manager. The Parks and Recreation Board will make recommendations regarding variances to the City Manager. A variance shall not be granted unless a written request is submitted which demonstrates: a) Special circumstances exist which are peculiar to the applicant's event but is consistent with the standard of the use at the pavilion, and b) That use of the pavilion and surrounding park areas by other groups will not be adversely affected by granting the variance. Any user found in violation of the City of Southlake Park Use Policy and/or Building Reservation Procedures will not only forfeit the security deposit, but may be denied further use of the pavilion. Users found in violation may also be subject to applicable civil and criminal penalties. VI. Other Facilities, Playgrounds, Trails and Individual Picnic Tables. Use of all other park facilities are available on a first-come basis only during park operating hours at no charge. L:IParkRecIBOARDSIPKBOARDIPacket Items1ParkUseRev.doc VII. Overnight Park Use. A. Bicentennial Park and Bob Jones Park—Bicentennial Park and Bob Jones Park may be reserved on an overnight basis subject to approval by the City Council. In deliberating the merits of the use, the Council shall-consider the— factors outlined in Zoning Ordinance #480, Sec. 45.5. Council shall specifically consider the length of time for the use, any fees or deposits to be charged and security to be provided. No other parks may be reserved on an overnight basis. VIII. Insurance Requirements for Specific Activities. Any organization or association that desires to utilize the athletic fields belonging to the City of Southiake for the purpose of establishing an organized program of athletic competition, such as soccer leagues, softball leagues, little leagues, or other comparable activities on a continuing basis for structured athletic competition shall be required to provide proof of insurance. Such organizations shall have a general liability policy, naming the City as additional insured for an amount of at least one million dollars ($1,000,000). This policy is specifically designed to cover the cost of defense and of liability for injuries suffered by competitors in the organized athletic activity. Organizations subject to this provision shall be required to submit to the Parks ands eation Depart Department of Community Services proof of insurance in a form acceptable to the City Manager prior to commencing use of City athletic fields. The requirements set out above are designed and intended to be applicable only to formal organizations and leagues who sponsor and control organized continuing athletic activities on a seasonal basis. The insurance requirement is not applicable to individual citizens or groups of citizens who desire to use athletic fields on a one-time basis. The purpose of this regulation is to protect the City against any costs which might arise from an organized program of league activities with its increased risk of competitor injury due to volume of activity. These formal organizations and leagues must enter into a Facilities Utilization Agreement with the City of Southlake to formalize the details and liability requirements. IX. Individual and/or Group Responsibilities. The responsibility of setting up tables and chairs (if applicable) shall remain with the individuals or organizations making the reservation. If applicable, tables, chairs, and any provided equipment must be returned to the original arrangement when the reservation is complete. Individuals and cgjiL:PaItemsParkUseRc organizations must remove all trash, equipment and decorations at the end ,,. of the reservation time. Facilities must be left in good, clean condition when the activity is complete. Individuals and/or organizations making the - reservation shall be responsible for turning off all lights and securing the facility. Individuals or groups making reservations are responsible for any damage to the facility, and may be subject to applicable civil and criminal- penalties. X. Compliance with applicable procedures, policies, and pertinent ordiances. Users must comply with procedures,policies, restrictions, and all pertinent ordinances of the City of Southlake. Any questions arising about items not specifically addressed in this policy should be referred to City staff, the Southlake Parks and Recreation Board, or the Southlake City Council as appropriate. • L L:IParkRecIBOARDSIPKBOARDIPacket ItemstParkUseRev.doc r City of Southlake, Texas MEMORANDUM May 11, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Resolution 99-32, Supporting concept of Equestrian Trail around Lake Grapevine and endorsing the Southlake Equestrian Association's grant application for improvements to the Bob Jones Park trailheads and Walnut Grove trails Action Requested: City Council approval of Resolution 99-32, supporting the concept of an equestrian trail around Lake Grapevine and endorsing the Southlake Equestrian Association's grant application for improvements to the Bob Jones Park trailheads and Walnut Grove trails. Background Information: On March 31, 1999 the U.S. Army Corps of Engineers hosted a meeting with volunteer representatives from cities, community groups, and public entities to discuss the feasibility of an equestrian trail around Lake Grapevine. As a result, a public-private working group was formed consisting of representatives from the Town of Flower Mound, the Cross Timbers Equestrian Trails Association, Marshall Creek, the Trophy Club Planning and Zoning Commission, and the Corps of Engineers. Park and Recreation Board members Cara White, Sherry Berman, and Richard Anderson are representing Southlake. On April 28, 1999 the Corps of Engineers hosted another meeting of the working group with the issue of funding the project as the key agenda item. While the Southlake portion of the trail is already in place, participants discussed the possibility of establishing a non-profit organization for the purpose of securing public grant funding to complete the remainder of the trail. The support of area cities is a necessary condition for obtaining certain grants. The deadline for applying for grant funding through Texas Parks and Wildlife is June 1, 1999. At this time, documented support from surrounding cities is needed in order to proceed with seeking grants for the project. During administrative comments at the May 10, 1999 Parks and Recreation Board meeting, it was brought to the attention of the Board that the Southlake Equestrian Association is also seeking City support in order to pursue a grant through Texas Parks and Wildlife for improvements to the Bob Jones north and south trailheads, as well as LEI r Curtis E. Hawk May 11, 1999 Page Two - the Walnut Grove Trails. The areas to be specified in the grant application are identified for equestrian use in the approved master plan for Bob Jones Park. Improvements would_include general trail repair, benches, hitching posts/corrals, horse watering facilities, and trail signage. Staff would provide administrative review of the grant application and work closely with the Equestrian Association during implementation of the improvements. Per the property lease agreement between the City and the Corps of Engineers, any improvements located on Corps property would be subject to their review and approval. Staff noted no Board opposition to this proposal during the discussion. Financial Considerations: Recommendation of Resolution 99-32 does not obligate financial resources to any proposed projects. Participants are establishing non- profit organizations for the purpose of seeking grants to complete the proposed projects. Citizen Input/ Board Review: On March 24, 1999 local equestrians held a meeting to discuss future plans at Bob Jones Park. Park and Recreation Board member Cara White briefed the attendees on the concept of the equestrian trail around Lake Grapevine. Participants were receptive to the idea. On April 12, 1999 the Park and Recreation Board discussed the concept of a continuous equestrian trail around Lake Grapevine, stated support for the project, and asked the equestrian liaisons to update the Park and Recreation Board on how the project progresses. On Tuesday, April 27, 1999 staff discussed the project with the Town of Flower Mound Parks and Recreation Department. Director of Parks Bart Stevenson stated that the Flower Mound Parks and Recreation Board has approved the equestrian trail concept and will be taking a similar Resolution of support to their Town Council in the near future. At the May 10, 1999 Parks and Recreation Board meeting, the Board approved the recommendation of Resolution 99-32 to the City Council on Consent agenda. During administrative comments, staff also reviewed the request from the Southlake Equestrian Association for support of their grant request and noted no Board opposition. As a result, the attached Resolution 99-32 for City Council consideration has been amended to include both the support for the concept of an equestrian trail around Lake Grapevine and endorsement of the r Curtis E. Hawk May 11, 1999 Page Three Southlake Equestrain Association's grant application for trail system improvements at Bob Jones Park. Legal Review: Not Applicable. Alternatives: Alternatives include the following: • Withhold support of Resolution 99-32 pending further information on the feasibility of the project. • Choose not to support Resolution 99-32. • Provide input on Resolution 99-32 as desired. Supporting Documents: Supporting documents include the following: • Copy of Resolution 99-32, supporting the concept of an equestrian trail around Lake Grapevine and endorsing the Southlake Equestrian Association's grant application for improvements to the Bob Jones Park trailheads and Walnut Grove trails. kw • Copy of Bob Jones Park Master Plan Site Map Staff Recommendation: Place approval of Resolution 99-32 on the May 18, 1999 City Council agenda. KH Approves or Sub i s 'ttal to Ci Council: ILL City ger's lly L 5(,3 r r RESOLUTION 99-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, EXPRESSING SUPPORT OF A PUBLIC- PRIVATE PARTNERSHIP TO CONSTRUCT AN EQUESTRIAN TRAIL AROUND LAKE GRAPEVINE AND ENDORSING _THE SOUTHLAKE EQUESTRIAN ASSOCIATION'S GRANT APPLICATION FOR IMPROVEMENTS TO THE BOB JONES PARK TRAILHEADS AND WALNUT GROVE TRAILS. WHEREAS, the City Council of Southlake, Texas deems it advisable and necessary to support development initiatives that manage quality growth while preserving the abundant open space and rich natural resources of the community; and WHEREAS, the citizens of Southlake desire facilities that are conducive to maintaining passive open space and equestrian uses; and WHEREAS, demand for facilities conducive to maintaining passive open space and equestrian uses are common among communities surrounding Lake Grapevine; and WHEREAS, the potential exists to develop a new and effective development initiative of a continuous equestrian trail around Lake Grapevine; and WHEREAS, the best potential for developing this initiative is through partnering city officials of communities surrounding Lake Grapevine, the United States Corps of Engineers, and other civic leaders; and WHEREAS, the ability of the public-private partnership to secure public grant funding to complete this project is conditional upon documented public support by the surrounding communities of Lake Grapevine; and WHEREAS, the Southlake Equestrian Association wishes to apply for public grant funding for improvements to the Bob Jones Park trailheads and Walnut Grove trails; and WHEREAS, the ability of the Southlake Equestrian Association to secure public grant funding to complete the project is conditional upon documented public support by the City of Southlake; and WHEREAS, the entire community of Southlake will benefit from these initiatives; now: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: L ;c-11 Section 1: Commitment of City support to the projects. The City Council hereby commits public support to the public-private partnership in place to develop an equestrian trail around Lake Grapevine and the Southlake Equestrian Association's grant application to construct improvements to the Bob Jones Park trailheads and Walnut Grove trails. This support is documented and available for inclusion in any grant applications submitted by the public-private partnership and/or the Southlake Equestrian Association_ to develop or improve the trails. Section 2: Authorization of City Officials to participate in the development of the projects. The City Council hereby authorizes the Director of Community Services and/or his designated staff to provide administrative support and participation in the public- private partnership to develop an equestrian trail around Lake Grapevine, and assist the Southlake Equestrian Association's grant application to construct improvements to the Bob Jones Park trailheads and Walnut Grove trails. Section 3: City Council Endorsement of Grant Applications. The City Council hereby endorses the grant application efforts of the public-private partnership in place to develop an equestrian trail around Lake Grapevine and the Southlake Equestrian Association's efforts to construct improvements to the Bob Jones Park trailheads and Walnut Grove trails. EXECUTED this of , 1999. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary C J L �J '•. ." SrIRA ° EOU;iP,J, , -: ._ ,mow ....., •O o_. TRAR RQ.Wb . 1 : WKRJG[HAT 1ERAII,./- i -1\ L. (.CORPS.QF Eh1GWEERS _ D ✓ • �� E GRAPEVINE EOUE iRIAN O° ._"""`-� J � � LAKE CEHrEk•...� ° � j ' ° HE-6 EW1 Lv CO�R'P S, R ,- v `. ./' • z :,c , OF` ' PtR :.•-..,'. 1K C. � �- -I 1 f `•_ .• •, / , I • \ 0` -1i TRAIL °o. ❑ � 0 ( 'W V. ... ,( } L P. I ,.. \ • i. o , . ' 4 • .•EERs �'-�,' CIU ES A b p; ..F ys•b IKJH ° --Ili,,1,0,..,..",-.,....--• •., .-., .. ---(7... .. - .„.. ... , ... • :,. , ..,....• •.. •,...,,, .., .. • 1 ‘ . • • V 0 .M•�.R.ra� IJ •�Q��1,, V •1 O Asia '^. EAWSCAPE 9trrsEp'"- I''‘'..::::::!: . - '• ` .... 10H \. SOCCER : 1r ; I I \ - .. ,Q';y I fFl[K % '6°UES7R� ...I.- � ` ;d "'� 4i;. 11•,..., -,,.,•*-..,2r!ai._.2,.:.:...:....'.............;.1..............:... .: , .,. .... 4 p E . . -"40. • Cr?:QFENGINEERS g..� � �a.Vs::.1 ! . tO_..-7.67.--c •.' 'N! : s• -:.."---:;.:I. '' 'ts,',.12-:-...'• : -- _ '. i '--, .....-> .- 7./ '; :-•. -..'.!...Nixstitio4'. -- • od 4 Etliuit �N \... $ ••°. ° m �r • V' -,iHERE O ..k, I ACqi.Lil G.RPSO WEER - % •- PAR S" , f. ' I g° > : IWOp�--'� liaj . .. =" -� i% �WE• : � a ps LAKE GRAPEVINE •""'-'-*°.• °I .1.......--- * 411:11,°6•40J- ---5:: -;* :":;-:-....'•*.- * ... -....:::.:*-re., - .-:.*c:'•, ''.2**-''.-*- v ;-• - ,. -') pEi' - 1 . ' <•` -..-...:..:..•....:.. ; :r.' RE !DE!v71n1 • 1 _ �..... ,1. BOBlitir JONES PA±Do DV ,' •; ; .±....„--ii:_ �. SOUTHCAKE,TEXAS •• PI'ROVED NOVEr,,BE; 19. ,99r, cL., MESA . City of Southlake, Texas (IIOwe MEMORANDUM May 14, 1999 To: Curtis E. Hawk, City Manager From: Bob Whitehead, Director of Public Works Subject: Resolution No. 99-33, Request to TxDOT for Improvements at Southlake Boulevard (FM 1709) Action Requested: Approval of Resolution No. 99-33, Request to TxDOT for Traffic Improvements for Southlake Boulevard (FM 1709). Background Information: Council and staff have been concerned about traffic congestion and flow on Southlake Boulevard (FM 1709). Meetings have been held with Texas Department of Transportation (TxDOT) Fort Worth District Staff and some improvements have been accomplished, such as: • Synchronizing the signals for 45 MPH • TxDOT changing the intersection controllers to one type so that a "closed loop" computerized system may be installed. The "closed loop" contract has been awarded and work should commence on May 18, 1999 and be completed by July 1, 1999. • During the week of April 3`d, TxDOT changed the signal timing at Kimball Avenue and FM 1709 to provide more left turns from FM 1709 to Kimball Avenue in the morning peak hour. The signal will allow left turns at the start of the cycle (lead time) and at the end of the cycle (lag time). After a number of meetings with TxDOT, Steve Simmons, Fort Worth District Engineer, asked the City to send a letter outlining their requests. Therefore, on March 2, 1999, the City sent a letter to Mr. Simmons (see attachment). A response was received on March 19, 1999 (see attachment). TxDOT denied each request based on engineering practices. The next step in the process with TxDOT is for City Council to officially approve their request by resolution as a means of communicating Southlake's concerns through the TxDOT political process. 5D-1 City of Southlake, Texas LayCurtis E. Hawk May 12, 1999 Page two Financial Considerations: None. Citizen Input/ Board Review: Not subject to Board review. Legal Review: The City Attorneys have approved Resolution No. 99-33. Alternatives: Accept the District Engineer's response and discontinue pursuit of additional items. Supporting Documents: Letter from Mr. Ha' Response from TxDOT Resolution No. 99-33 Staff (so; Recommendation: Staff recommends approval of Resolution No. 99-33. VB/vb Approved for Submittal to City Council: 1 City M . te Lir 5D-2 City of Southlake4111 . : outh(ok Administrative Offices • March 2, 1999 May«: via facsimile and regular mail Rick Stacy Mayor Pro Tern: W.Ralph Evans Mr. Steve Simmons, P.E. Deputy Mayor Pro Tern: Fort Worth District Engineer Scott F.Marlin TxDOT Councilmembers: P.O. Box 6868 Wayne Moffat Fort Worth, Texas 76115 Ronnie Kendall Debra Edmondson Gary Fawks Dear Mr. Simmons: City Manager. The City of Southlake appreciates the time you and your staff afforded me Curtis E.Hawk and Public Works Director Bob Whitehead on January 26, 1999 to discuss Assistant nt Ci er Manager various traffic management issue in Southlake. Based upon your suggestions during that meeting, and subsequent discussions with City retary: Council, we would ask TxDOT, Fort Worth District to address the Sa ra L.LeGrand following: 1. Protected/Permissive left turn on F.M. 1709. The City of Southlake, City of Keller and the Metroport Cities Partnership consider this to be a high priority to enable traffic on F.M. 1709 to flow more efficiently. Currently gaps in opposing traffic do exist, especially in the off-peak times. By not having a permissive left turn, vehicular traffic must wait even though no vehicle is approaching the intersection. Many vehicles have been observed violating the law by turning left on the red light. Also, because there are many subdivision entrances and commercial driveways along F.M. 1709 that are not controlled by signalization, vehicular traffic already makes many thousands of "permissive" left turns across the opposing lanes. Please consider changing the signal head and signage to allow protected/permissive left turns at all of the signalized intersections on F.M. 1709 in Southlake. Southlake recognizes that the intersections where there will be dual left turns, i.e., Peytonville Ave. and Kimball Ave., will need to have protected lefts for the dual left movement. Cow> 2. School zone at Carroll High School. Carroll High School is located at the Southeast corner of F.M. 1709 and Peytonville Ave. With the 5D-3 1725 East Southlake Blvd. • Southlake,Texas 76092 (817) 481-5581 • Fax (817)329-1747 Mr. Steve Simmons March 2, 1999 (her Page 3 continual growth in students attending CHS and the increase in traffic at this location, a request has been made for a school zone on F.M. 1709. We would like to know your concerns in considering such a request, its possibility, whether or not it would adversely affect the synchronization of the signals on F.M. 1709, and how it differs from other such situations around the Fort Worth District, e.g., Trinity High School on F.M. 157. 3. Signage on F.M. 1709 stating that the signals are synchronized at 45 mph. Signage on F.M. 1709 to educate the vehicular traffic that the signals are synchronized at 45 mph may provide the vehicle drivers the knowledge that driving 45 mph is the most efficient and thus slow down vehicles that speed between the signalized intersections. We understand your position on this issue as stated in our January 26 meeting, however, if possible. we would like TxDOT to reconsider and authorize such signage. ,,. 4. Wall Street Bridge (Intersection of F.M. 1709 and the access to S.H. 114). Lee Engineering, the firm hired by Southlake for traffic engineering, has submitted a Technical Memorandum: F.M. 1709 and S.H. 114 Alternative Configuration. Based upon the January 26 meeting, Southlake has extended Lee Engineering's contract to include analyzing a Changeable Lane Assignment System (CLAS) at the F.M. 1709/S.H. 114 frontage road intersection (Wall Street bridge). The result of this study will be shared and discussed with the City of Grapevine in order to bring to TxDOT a solution which does not adversely affect either city. However, something must be done to ameliorate our situation. 5. Conversion of F.M. 1709 shoulder lane to a travel lane. TxDOT has reviewed an engineering study prepared by Lee Engineering which warrants the conversion of the shoulder lane to a travel lane from Davis Blvd. through to Kimball Ave. The City of Southlake requests that (if possible) you provide City staff with a procedure and/or timetable of events, etc., that must transpire in order to accomplish the conversion of the shoulder lane. In addition to the above, it is my understanding that our consultant, Lee Engineering, is working with your staff to effect the addition of a dual right turn from northbound Kimball to eastbound S.H. 114, and a dual left 5D-4 Mr. Steve Simmons '= '`4y March 2, 1999 Page 3 _= turn from eastbound F.M. 1709 to northbound Kimball. Please let me know if you need anything from us on this subject. Once again, Southlake thanks you and your staff for the attention and responsiveness to our traffic problems. We look forward to your response of the above requests. If you or your staff need additional information or clarification on any of the above requests please contact me or Bob Whitehead, Director of Public Works at 481-5581 ext. 741. Sincerely, 1 r Curtis E. Hawk City Manager (how 5D-5 N' U .3\24/ ,. Ar Texas Department of Transportation P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500 March 16, 1999 CONTACT:TE Proposals Presented in your March 2 Letter -- - _ Mr. Curtis Hawk `' 'tmAR9 egg i City Manager 11.'J City of Southlake t F;�c �;;Y 1725 East Southlake Boulevard ��.___ Or t.�. P1' ER Southlake, Texas 76092 Dear Mr. Hawk: I asked our Traffic Engineering Section to review the proposals presented in your March 2 letter and our comments and suggestions are as follows: (t) Protected/permissive left turns on FM-1709 I can certainly appreciate your desire to offer additional opportunities for left turns on FM-1709. However, it has been our experience that when traffic signals are converted from fully protected left turns to protected/permissive turns, the number and severity of accidents increase and the operational efficiency may decrease. This being the case, we prefer not to use this mode of operation at locations such as this where the 85th percentile speeds are greater than 45 MPH. (2) School Zone on FM-1709 for Carroll High School It is our position that school zones are installed to slow traffic at locations where there are children crossing the street. Our observations at this location indicate that there are few, if any, children crossing FM-1709 and that most of them are driving or being driven to school. There are traffic signals with pedestrian activated crossing features at each end of the school. These signals provide a safe crossing location for pedestrians and also create gaps in the traffic flow that offer opportunities for vehicles to turn in and out of the school. L 5D-6 An Equal Opportunity Employer • Mr. Curtis Hawk March 16, 1999 fikime Page 2 A 30 MPH or slower school zone on FM-1709 would certainly slow vehicles in front of the high school, but it would also adversely impact the efficiency of the traffic signals and impair their ability to work together to optimize traffic flow and minimize backups during the morning peak hour. We have worked with your staff to reduce the number of illegal "U" turns in front of the school by installing "NO U TURN" signs. We also believe that it may be possible to further improve safety and reduce congestion in front of the school if additional entrances were constructed on Peytonville at the south end of the school grounds. It also may be possible to increase the efficiency of entrances on both FM-1709 and Peytonville by making directional changes to the internal circulation patterns and relocating the passenger loading and drop off areas. Conditions for each school location are unique. Of course, if there were a large number of children crossing FM-1709 to get to school from adjacent housing areas, safety should rule over efficiency. However, in this particular case, it doesn't appear that a school zone is the best solution (3) Signage on FM-1709 stating that the traffic signals are synchronized for 45 MPH (ktir You may recall that one of our main concerns about the installation of these signs is that they are misleading. We do not believe that it is accurate to tell people that if they drive at 45 MPH, they will not have to stop for any of the signals. For example, if there are pedestrians crossing at the intersections with signal control, those signals will function independently for a period of time. We also are reluctant to advise motorists that they should drive at the maximum legal speed. (4) Wall Street Bridge (Intersection of FM-1709 and the access to SH-114) It is to hoped that your consultant will arrive at a solution to this problem that is agreeable to all concerned parties. We are also working with them to find a way to allow dual turn movements at the intersections of Kimball with SH-1.14 and FM-1709. (5) Conversion of FM-1709 shoulder lane to a travel lane We are reluctant to approve this proposal because of the potential adverse impact on safety and efficiency for traffic using FM-1709. Our concerns are as follows: (a) Conversion of the shoulders to travel lanes would eliminate the opportunity for motorists who have mechanical problems or flat tires to seek temporary- refuge on the shoulder. (or 5D-7 Mr. Curtis Hawks March 16, 1999 Page 3 (b) Safety would also be decreased by the loss of the ability to use the shoulder of the highway to accelerate and decelerate in or out of the traffic stream. This conversion would also result in an increase in the number of rear end and side swipe accidents. (c) Turning traffic would have to cross three lanes instead of two. This would introduce more potential points of conflict and probably result in more accidents. It would especially be a problem if permissive left turns are allowed. (d) Converting the shoulder to a driving lane would reduce the opportunity for motorists to freely turn right at signalized intersections because motorists in front of them may be going straight ahead in the same lane. This will result in back ups on FM-1709. (e) Through traffic will have to move out of the right (converted shoulder) lane as they approach intersections to avoid being delayed by vehicles waiting to turn right. This additional weaving will reduce the operational efficiency of the (010„, highway and probably result in an increase in rear end and side swipe accidents. These are some of the operational and safety reasons for not converting the shoulders of FM-1709 to travel lanes. There are locations in the District where this has been tried and the results were less than desirable. We feel that we have an excellent working relationship with your staff and members of your Police and Public Works Departments attend the Monthly Traffic Management Team meetings as mentioned in our January 26 meeting. We look forward to working with you to find mutually acceptable, safe and operationally efficient solutions to traffic congestion problems in your City. If you should have any questions concerning this matter, please contact Wallace Ewell at (817) 370-6619. Sincerely, Steven E. Siminons, P.E. District Engineer Fort Worth District WEE:blb 5D-8 RESOLUTION NO. 99-33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE PETITIONING THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) TO MAKE TRAFFIC CONTROL CHANGES ALONG FM 1709. WHEREAS, traffic on FM 1709 (Southlake Boulevard) is increasing in volume and unprotected left turns are allowed on FM 1709 at all non-signalized intersections, and local residents needing to make left turn movements onto City arterial streets at signalized intersections are now prohibited from unprotected left turns because of signals; and, WHEREAS, FM 1709 borders on the campus of Carroll High School and students walking to the high school must cross FM 1709, which has the existing speed limit of 45 miles per hour; and, WHEREAS, the speed limit on FM 1709 is 45 miles per hour and the Texas Department of Transportation has synchronized the signals for 45 miles per hour; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: (lise Section 1. That all matters stated in the preamble of this resolution are true and correct as if copied herein in their entirety. Section 2. That the City of Southlake requests that the Texas Department of Transportation change the protected left turn signals on FM 1709 to protected/permissive left turn signals; establish a school zone on FM 1709 from Peytonville Avenue to Southridge Lakes Parkway; post signage to encourage motorists to travel a maximum of 45 miles per hour to effectively utilize the signal synchronization; continue working with the City to improve traffic flow at Wall Street and FM 1709; upon the City's completion of the deceleration lane, approve the conversion of the shoulder lanes on FM 1709 to travel lanes; and allow dual right turns from northbound Kimball Ave on to eastbound State Highway 114. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE ON THIS THE DAY OF , 1999. Mayor Rick Stacy • 5D-9 Resolution No.99-33 May 14, 1999 Page 2 of 2 ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney L:\CTYSHARE\Resl.99 33.doc L L 5D-10 City of Southlake, Texas MEMORANDUM May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Dennis Killough, Sr. Planner .0 CASE NO: ZA 96-153 SUBJECT: Request for a Variance to the Subdivision Ordinance No. 483-G, Section 4.01(1)2 (Plat Expiration)Extending the Validity of Case ZA96-153,Final Plat-Southlake Woods,Phase 1, 11.737 Acres in the T. S. Thompson Survey Abst.No. 1502 On December 5, 1996 the Planning and Zoning Commission approved Case ZA96-153,Final Plat for Southlake Woods,Phase 1. On January 6, 1998 the City Council approved a 1 year extension for this plat. This plat has not yet been filed in the County Plat Records and expired on January 7, 1999. The developer Toll Brothers, Inc. is requesting a 90 day extension of the validity of the Final Plat from the date of City Council action upon this request. The reason for the delay in filing this plat is due to a re- sequencing in the construction phasing of the Southlake Woods development. Because this plat has expired a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483-G (shown below) will be required if the extension is to be granted. Subdivision Ordinance 483-G, Section 4.01(1)2 "All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which ha "not been recorded in the County Plat Records within one year of the date of approval shall expire. " A letter requesting the extension of this plat is attached. The City Staff Report for this case, location map (tract map) and a reduced copy of the plat are also attached for your convenience. Please place this item on the next Council agenda for their consideration. DICK • att: Letter from Toll Brothers, Inc. City Staff Report Location Map Reduction of the Final Plat L:I COMDEVI WP-FILESIMEM0197CASESI96-153PE2.WPD L .� : COPY-WRITE.BIJS I NESS CENTERS FAX NO. : 972 874 7702 May. 14 1999 11:10AM P2 Toll 6Biothers, ca L. Quality Homes by Design DATE: May 13, 3 999 TO: City of Southlake 667 North Carroll Avenue Sonthlake,Texas 76092 _ Honorable Mayor and City Council Members: On behalf of Toll brothers,Inc.,I am xequascnng an extension of the validity of the final pleas for Sout]ilalce Woods P'basei,Case Z,A96-153 and Sonthiake Woods Phase 2,Case ZA97-010 for a period not to exceed 90 days following the City Counci's action. We respectfully ask for your consideration and approval of this request. Sincerely, • Anderson, Toll Brothers,Inc_ • Law, New York Stock 1 xchangc •Symbol TOL Texas Division 1080 S. Peytonville Avenue. Southlake./X 76092•(817)329-8770•Fax(817)251-2197 Corporate Office: 3103 Philmont Avenue. Huntingdon Valley. PA 19006 5e-1 J City of Southlake, Texas STAFF REPORT January 6, 1998 CASE NO: ZA 96-153 PROJECT: Final Plat/Southlake Woods,Phase 1A STAFF CONTACT: Tom Elgin, Planner II, 481-5581, ext. 753 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Final Plat of Southlake Woods, Phase 1A, being approximately 11.7370 acres situated in the Thomas J. Thompson Survey, Abstract No. 1502, and being Tract 2A3 and a portion of Tract 2A2. This Final Plat proposes 13 residential lots and 3 common areas. LOCATION: North side of West Continental Blvd. and approximately 900'west of the intersection,of S. Peytonville Ave. and West Continental Blvd. OWNER: Robert G. Goode APPLICANT: Post, Buckley, Schuh&Jernigan CURRENT ZONING: "SF-20A" Single Family Residential District L., LAND USE CATEGORY: Medium Den sity Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: None required STAFF COMMENTS: Attached is Plat Review Summary No. 1 dated November 27, 1996. P&Z ACTION: December 5, 1996; Approved(5-0) subject to Plat Review Summary No. 1 dated November 27, 1996,amending Item#8A(interior easements for water, sanitary sewer, or drainage) to allow interior easements to be centered and offset between Lots 3 & 4,Block 1. CITY COUNCIL ACTION: January 5, 1998;Approved(7-0),Variance to the Subdivision Ordinance 483-G, Section 4.01(I) 2 (Plat Expiration) extending the validity of the Plat one(1)year. PLAT FILED: L L:\COMDEV\WP-FILES\MEMO\96CASES\96-153FP.WPD n6-3 '-` `. . I , . i ,�Sc ,0,. 'j IAIA Ici IAIAJ jo TRACT MAP ji 103 ID Ac GfIc IA IAC_ tA JA Ir OW EAVE3 w. JAI ZAG Ic J. THOP Lid 11 AC LM u[coal co: 112 25 AC ARY WIN ic JL .•am,IM... POST. BUCKLEY. SCHUH do JERNIGAN. INC. • DALLAS. TEXAS i'i ? a. a a a 1 I J t :— • (1110e . k.__1 111I ' I lie ^' iIti5 I I ."'".. . �-- I Ii ! it A. - - i i ' i - II^'ti. IIi1IIIII k p = �y - __...,..,.. 1r 1 �t�l: 1 , 1!_{ .. , , .,,. •r Gory. "•' < ._.. ' s is itJF ' i • IIIIIIIIP zoi i i • 1.II I : _ �� • _•yam :_ ' •- "�...-_- %a e IIIIIf I.I_I_i _ IL1 s 1 13 .... o co 13 mm p,- h ii!.• ,•,, ,:i . , - a 3 3- a t 4 z: 5 ! _' d Pp .41 ill li •iii T k s .;ICI _ IIIIIIIIIIilllllll�, III jl I tiil • II I : I } .::} i ►iI IIIIIIIIIIIIIIIIII� • ■ pi eD z i ■ 7 ■!HE! P c I • � CO I i i jet I RF. csssk�R�•. •FFrR■ eg 1 i - :ix o s „_' I x I tii, ;,z iaa' 'a N m z '� € a •Y I rn �' R 7 r Y Z :- R S !' y• I•R rZ" R € i ;i� .te � i�g - a _F.I id s6 , 6 .Ii ai :1 1 4 F i I i p c �i: 5 .i:■et i 1 s I.P i ie _: .gilt- Ile f': :11 11e.av l‘i__i i i sii I ill ; r.4 L !?r_3m. W. GO t• �! . i An • it, • I Is, . i ! t a!l! rii; a.f- j-i €is zix •I. Ili - i-- 'lit ill is;iiii Ii ili let! 1 1- • + it! £!i F_}s r. .::E enI i i sit ifs 44 :9x •7"igiac .ter.?eI titisi ill$ 11 i ::. !i F%.n=:cj::; iii 17.41 :? --"i Hsi 2 ill ^ I f- •• ii�s i s wer3 1 pii is: li"s e'ii` --I : # -t R: C. " i i — rise I i i g ill: ni) Hi x'i =; I. ., i rl : •_ ! I ! 1"t.e :Iii ii: ;r If:iit 4 i y i it= F. = fix'; iii Eli ii; i %e� 1100 11,11 _3 „.1 c ;C @ € ' _i s" ': is i ti :fie =R 1z l=org' tea'■ 45 R I I ii Z: • FA 1- i IN PIA gi.XT R= O II f;_ •: a cil i e ;i: •ii I i; I LS Ellgigr- pp. C eI.• i �! � i#: 13 i 1 i ` iz i;i is O� CD ;I:. ii- ;S III, o c co I 11111 : I i1111 E = e 5r5 t City of Southlake, Texas MEMORANDUM May 14, 1999 • TO: Curtis E. Hawk, City Manager FROM: Dennis Killough, Sr. Planner CASE NO: ZA 97-10 SUBJECT: Request for a Variance to the Subdivision Ordinance No.483-G,Section 4.01(1)2 (Plat Expiration)Extending the Validity of Case ZA 97-10,Final Plat-Southlake Woods,Phase 2,46.073 Acres in the T. S.Thompson Survey Abst.No. 1502 On February 20, 1997,the Planning and Zoning Commission approved Case ZA97-10,Final Plat for Southlake Woods,Phase 2. On January 6, 1998 the City Council approved a 1 year extension for this plat. This plat has not yet been filed in the County Plat Records and expired on January 7, 1999. The developer Toll Brothers,Inc. is requesting a 90 day extension of the validity of the Final Plat from the date of City Council action upon this request. The reason for the delay in filing this plat is due to a re- sequencing in the construction phasing of the Southlake Woods development. Because this plat has Lip, expired a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483-G (shown below)will be required if the extension is to be granted. Subdivision Ordinance 483-G, Section 4.01(1)2 "All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " A letter requesting the extension of this plat is attached. The City Staff Report for this case, location map (tract map) and a reduced copy of the plat are also attached for your convenience. Please place this item on the next Council agenda for their consideration. DKK att: Letter from Toll Brothers,Inc. City Staff Report Location Map Reduction of the Final Plat L:ICOMDEVI WP-FILESIMEMO197CASES197-10PE2.WPD 5F-I : COPY-I.RITE.BUSIrESS CENTERS FAX NO. : 972 874 7702 May. 14 1999 ii:18AM P2 To1VBmthersInc Quality Homes by Design° • DATE: May 13, 1999 TO: City of Soathlake 667 North Carroll Avenue • Sovthlake,Texas 76092 .. Honorable Mayor and City Council?daubers: On behalf of ToIl brothers,Inc.,Y arafeipiating an extension of the valitity of the final plus for SoullikkeWoOils Phase 1,Case ZA96-153 and San tblahe Woods phase 2,Case ZA97-010 for a period not to exceed 90 days following the City Councli's action- We respectfully ask for yoia consideration and approval of this request. Sincerely, Anderson, Toll Brothers,Inc. ‘Ilare New York Stock Exchange •Symbol TOt. Texas Division 10a0 S. Peytor vllle Avenue. Southlake.IX 76092•(817)329-8770•Fax(817)251-2197 Corporate Office: 3103 Philmont Avenue. Huntingdon Valley. PA 19006 2 City of Southlake, Texas STAFF REPORT • January 6, 1998 CASE NO: ZA 97-010 PROJECT: Final Plat/Southlake Woods,Phase 2 STAFF CONTACT:REQUESTED ACTION: LOCATION: Tom Elgin, Planner II,481-5581, ext. 753 Dennis Killough, Planner I,481-5581, ext. 787 Final Plat for Southlake Woods, Phase 2, being approximately 46.0730 acres,being Tract 2A,a portion of Tract 2A2,Tract 2,and a portion of Tract 2B situated in the Thomas J. Thompson Survey, Abstract No. 1502 , and being Tracts 3,4,5,6,and 7 situated in Air Park Estates. This plat proposes 47 residential lots and 3 common areas. Northwest corner of West Continental Boulevard and South Peytonville Avenue OWNER: Toll Brothers, Inc. APPLICANT: Post, Buckley, Schuh&Jernigan, Inc. CURRENT ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORIES: Low Density Residential(may include limited low intensity office and/or retail uses) Medium Density Residential (may include limited low intensity office and/or retail uses) NO.NOTICES SENT: None required P&Z ACTION: February 20, 1997;Approved(7-0)subject to Plat Review Summary No. 1 dated February 14, 1997. CITY COUNCIL January 06, 1998 One-year extension of filing deadline; Approved(7-0). ACTION: STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated February 14, 1997. t \\SLKSV0001\SHARED\COMDEV\WP-FILEMMEM0\97CASES\97-01 OFP.WPD 53 ;• {� ..I' EstA? ' ■ ; A< cAyRc 01.1 ' ' ' �"` ��e` `r- 2u U OOL �1 YX OEM ,RD SCNrrIpN go. 0 _•tom• ,rr; 0• ADD -- ,,% KEG. LA �� IAI ,,,,, 2.45 1 . .......c wil ..., ' igiii-4,>.‘: 1 i ,. i 3A1 . PADEN 2,...- 111117i r. _ ,..", .-. 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I1 Le 3 !;I is _ ' i s!11 111 i 3 f i i i i .� �� 3 r gi1c: igg . iE3 if :g1i0 s %I 1ti ;` III 11 1j iathiiIit i is iqs it i ii 1-i>i s i�it h a it' Ifij ':I 1f ' � fiLt t h1 !i nmI .4 ' klihrfill • q - 0) ip p •. __ _ ...ft s. ; sIL!I= �r ' i_ :sue � = i �:�� _ � �` I . .1 + toi Tii21 ram.'. 4.f :' ii t bp! • _ !.s Iiac. ; 1 ii _Pi r- .. i it s ed i t:.r i= ...-il _ i_ 0111 9.4. .. r?f i8-.! je iii: i if . /EA !1 4 bbII issssn.s , d NI I-1 II rut g MI I" frig Ihm" ig-':r".P li II II '•�_'-- svxai. •svTIva . 'oNI •N'v9IN'2I3r 'P HnHos •A Uane •.tsoa 5F!'1 . City of Southlake, Texas MEMORANDUM May 14, 1999 To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Engineering Services Subject: Lot 3, Block 1, Perry Allen Addition (Taco Bueno) Commercial Developer Agreement Action Requested: Authorize the Mayor to execute a commercial developer agreement for Lot 3, Block 1, Perry Allen Addition (Taco Bueno). Background Information: A final plat was approved for Lot 3, Block 1, Perry Allen Addition (Taco Bueno) located on the south side of FM 1709 and just east of South Kimball Avenue. The public improvements include a small amount of storm sewer pipe, 6-inch water line and 6-inch sanitary sewer. Financial Considerations: On May 10, 1999, the Park Board approved a park fee of $800 per acre for 0.78 acres, or $624. Citizen Input/ Board Review: None. Legal Review: Alternatives: This developer agreement is our standard agreement, originally drafted by City attorneys. There are two alternatives; approve it or deny it. Supporting Documents: Developer Agreement 5G-1 Staff Recommendation: Place the developer agreement for Lot 3, Block 1, Perry Allen Addition (Taco Bueno) on the May 18, 1999 City Council Agenda for Council approval. Cetok4Z. Pfte."4—"" Charlie J. Thomas Deputy Director of Engineering Services Approved for Submittal to City Council: City Mana71 e f L 5G-2 LOT 3, BLOCK 7, PERRY ALLEN ADDITION 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 Lot 1, Block 1, Perry Allen Addition, hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the Addition (a commercial development) and to the off-site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of me 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 Taco Bueno Developer Agreement 5G-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 hereinabove 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 tor which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the foilowing: a. Inspection fees equal to three percent (3%) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; Taco Bueno Developer Agreement 2 5G-4 f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Taco Bueno Developer Agreement 3 5G-5 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 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 Engineering Services, 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. Taco Bueno Developer Agreement 4 5G-6 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 Engineering Services. 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. Taco Bueno Developer Agreement 5 5G-7 • 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 Engineering Services as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer tines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Engineering Services a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Engineering Services 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. Taco Bueno Developer Agreement 6 5G-8 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 iakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of 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 Engineering Services must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Taco Bueno Developer Agreement 7 5G-9 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, (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, 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. Taco Bueno Developer Agreement 8 5G-10 C. Approval by the Director of Engineering Services 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 Engineering Services 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 empioyees, 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. Taco Bueno Developer Agreement 9 5G-11 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. OFF-SITE DRAINAGE B. OFF-SITE SEWER C. OFF-SITE WATER D. 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 0.80 acres in the Addition, which would bring the total cost of Park Fees to $ 640.00. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Taco Bueno Restaurants, Inc. By: Title: Jeffrey Platt, Director of Architecture Address: 3033 Kellway Drive, Suite 122, Carrollton, Texas 75006 Taco Bueno Developer Agreement 10 5G-12 STATE OF COUNTY OF On , before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Taco Bueno Developer Agreement 11 5G-13 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1 . The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Taco Bueno Developer Agreement 12 5G-14 s Y hryr Y Cp p O -. Z V 2 s a i 1 ' 11" :1! . ply 411 '� !- i /!.°9 °i: ° - gU 41 If I le ibr ll4 ill1i° i alit lfd1�Y 1 Il �i° I1 d`16 11 b IR z iii 1 d !le0i o _ tXi l" .4 gie i�11 �1 !�i. 3! ` Ia� b9 1 s I .1R ) { bill . dt,1h 5 LL 1 li;18"iiiiltYilh 1; agi s t i14 glylz I� il i` ! ; °- 3 d ! . .! _ �R r el�c y� � tip9 e�! a ! � 11 !. ! ! 1 e�`3 I;ga � a°ot 1 1 I. �mil is 1 d �� $ � 4 4 ; e ill °�R6! K= h F9471 �� ! iii'irr-eh4 P1! !ad@i� 0� �a11 nil/ la` 1i 1 € idea 11 lill 04 I i!,#1 pisIk 111� ! ° ! aQ1°1! !! I , i R `� s d 4149051: ilia it !I 1 j 111K il i !AN 11.1 14011181 Ai t iipp q � �j hig Pi d 1 4 j !I i ii. !ikg it i° 1;I ; 111 ; di I,111d1 l l : i :ICI - j — °$, ,e Ii' ! �, ! l xi i I� PI ,� i� su if ai I s� 4 •',41kiiailc I, i!ll: l �z a ii;! t i j i i'l -91.4, -41 gi "fiq 1 MI I 4:1 g lel iiiii II li IR ,, ;! t; II 1 , I� 1 NI 11 ii ri1! I 5G-15 U 6.P lrld\6E086\S911Q\ 5 i EXH I BIT 1 GENERAL UTLI^ YG'E - oontr-trot Y < t...d that ua a.. -d a. orl- �•'•:- - •- -_ _ .. _ Attlw.o t � OM j. w- « «cvatry as Daaba. M. CAUTION! } tr - 2 N - `' nedw o --y°�V- eats. It ""e. t«+«.� <� EXIS77NG 11' WA lE'RL1N£ ' T 1 L: i Il F10 c1J._. y e ' ) i - L r { [ [' T / ,% / - _ r..pan.lW, to eml«t ttr u1.iy at .et.a end ..nty REAIt7VE 12- R4P j ' C. 1 ' 1•L_-f A, r� (� � ✓•_ APPROX. 5' D® INSTALL 105 '£ ;8- R- CONTRACTOR TO M' i REMOVE AND REPLACE L ttNw toeaUatn and r.wua,. o+w ro eanavueaan. ON PROPOSED DITCH FLCMLN£ y" a 55 LF OF 18' RCP TD GRADE P�I_'1. . ?'l 1 nh F '•OORDINA TE MQRK• 1N .. - I _ r 1 Y.� . ��. 1 _-� _ �1 I ON PROPOSED �rTCH FLOi0LWC S-m-.tern " T.wh- C- Emewme SSW INSTALL 6: ! r1EADWAlS THIS AREA WITH 1HE PER 7XOOT SPEClF7CA7IONS R < SSM TO BE ADuVSTED pTY Or SOUTHLAKE 11 I INSTALL 6: 1 HEADWALLS PER TO rCH NEW PAVEMENT 3 I TX DCT SPEpF7CAnO+vS Tao Ati- Ta - C Cc 1317) 213-603t CURVE TABLE - 2 _ - _ wA TER DEPARTMENT O _ - _ - r..a. Otliw. O.e,ric C. 817) Zu-6000 �._.; ,. •+ t DURMG CCN57RUt:71 l� - 'E RADIUS L�—, T':-manty EWcbv Co. (817) 571-,Se, Lon. Ste Ge. Cc(0/7) 37,-9A96 I6t�L0 ' .�,�.. ± - - - _. . STA 15+8 tR L ._ --_IWan Cmle (tl,T) Se6-331E _/ RfMO AND REPLACE - - --- -_ --. .— RE`rrrDRAxr- t -an cow. (2ta) u+- „ W 7 - O '� � � L-121.47 r_• ._r - rat -ban wLEGEND aow.sna -.-�� ..:._: •. -, -, �r a.a c. luv_ .rv.c _._:..- -s ��' �� ,<•c� - - - _ -�.- .-----•-� • -_ _ - LTats .aD A -.1l_ CLOG -- SEW w _ - -H STA 20+90.JO CL OF I s -—•- -- .- PRCG. FcDNC DRIVEWAY® �e ��r- • � t=•'" .. t STA 19+07.95 CL OF � _ r. • $ _ . g cAtc rut: oo- ►.- CONTROL Pawl- 1 - -N I I iI PROP CONIC DRIVEWAY REMOVE AND REPLACE EXISTING _'TA 10+14.1J TO STA 11+69.53 - ` _ 7ANS177{IV FROM 26' 7D J8' CROSS CUT lfFi C ?M/Ti'- ( f < j REGRADE TO MATCH NEW ROAD -rL-cVATIOA' III 0 T E: DRIVEWAY APPROACH TO .atC IV-' ELE'✓ - 627.33 ` -, < c CONTRACTOR DO NOT FLUSH THE SEDIMENT FROM EXISTING CULVERTS u MATCH NEW PAVEMENT. d �/ N 37634.0894 I k u a. EXIST RAISED CURB ON NLAGE GREEN I - _ u if rAa.otm TRQ oon �\ E 40E478396 SHALL 8£ TAPERED TO MATCH PROPOSEC PREVENT SIL UNTIL APPROPRIATE EROSION CONTROL IS UTILIZED TO CS ( PRE4£NT SILL TA noN OF THE DITCH AND OTHER CULVERTS. CONTROc FONT 43021 REMOVE AND REPLACE EX/S LING CURB ON CONT7NfN,'AL ' T CURVE / C : h'L:-�kE' ft i J�.~ r + IAJ CURVE RADIUS L NGTN TABLE ANGEN !- 0� ` PH_ SkJ I CA NATERUN£ - - - - C6 smm 5 26 xzoos z7A7 REVISIONS Cl SWM 12L97 13-.V3Y 6129 • ` =- _ •_ _ 5' DEEP _ - _ C6 mapo 3zs6 oc-u'oa• T6.30 ' TOR TO _ " I C9 30aD0 6A.0 f673'47• AP-33 GENERA: UTR)T" NG CONTROL POINT 30'S' Ar-,c-R REC0N57RUCPON OF IN TERSEC770N ATE- WORK /A - cv 96Ao• 67.37 43.M-W 37.471 t J THE AREA SHALL BE REwUMED, GRADED AND RESTOREC. IA MlTH -,fC • �' •�;,��:• .,. ,•_:: _ P.K. NAIL I - 1 -ELfV - 617 /! I -,ff OLD PAVEMENT SHAL BE Rff•" AIMED, HAULED AWAY AND t'-+- ;SW NHLAKE ,.i q Aq .wtnq uaity auto a ,>m-soe for me.mo,,r . 1 i I THE AREA M7DROMULCHED AND LANDSCAPED SU1 F70FAITLY y N 37630.8666 WATEREPARTMENT _- ._ `, Aftn the onto a t tW as a -or a, aces - _ - , CONSTRUC77 - t-`- _ "th.. ossutnaa na. ano`.s any .etoata67y , a, f 41654.2605 - - - �., onrroctar a caullon.a that the .nr oea vK ( 'RANSf;1 FROM J6' TO 2s I " <- «aN«y of tit. dot. n tedl " tM "t'oetr. SEED PER TX -DOT - -- -- -- •_ _ , - "f thowe amDti to coot«c tn. arty ato cw ono ,.- . _ tn..e Iacat'avn ar,a re.-t:on. trot to <onawo,Rn. RELOV£•EbSTI[�(G-bKA/NAG£ ORY ROCK RIP -RAP 7.. , �,, ,c•_ . `•(` i STRUCTURE AND R£GRADE TYPE 'A' i STA 17+50 TO'ENO swen.ae-n Bw T..Rnae- co. Entrrn- 8 BUILD ROAD PAR77ALLY AS SHOKN i ! A aw e n won TM yaph Ca. (2+A! 74' r •• NO CURB ON NFLLEFT.SIDEVV-A N Tee,-.-.,yt J.- C. Co.Lane Sto, ioa Co. (817) S7- 27+44.66-TD•'STA-29-IC22. 64 REGRADE TO-4tATCri STA 30+E OF ENO OF PHASE i,MILTAL T OF MENrxir G v1 •• � .. ;-.,. dIEW RGAG =ZEVA LION ASPHALT PAVEMENT � - ' ' CanewMAKE OVERLAY MATCH . GTE (977 S'nAN �RCMJ 38' TO 21'Nanon 77NG PAVE)WENTAL -:zp11 REMOVE AND REPLACE _ 40 LF OF 42' RCP TO GRADE . ��- 44�r R ONTROL PCENT /JOtt ON PROPOSED DITCH FLONL/NE A -LEGEND • ,,, .. - R£AIOV£. EEi�9� hCDRAlNAOE -_ yr • '' Q a ..\-. \ x ;s�/ +iy79.TT AK Na. A 616.67 INSTALL (2) FWf B HEADWALL. }' STRUCTC/HE7U✓D REGRAD£ ' �" tee.. 1 : v' I. %M orT91 PER TX.DOT SPECIFICA 77ONS -- -' -- _ ._ state, r ��w.< 0.610J a _ R.fO'JO.00 \ • / �• ��- _ _ _ _ CtAl9 Aa.F' 10, - ;rr 2t76'S3' R-30'(rYP) \ \ \_ ? r - u . <_.:. . SA SERER -OLE --✓)-_ —� % _ srA 24+4ss7 cc of J_ a c• •�._� , . _ r_-�, --- - - — -• — - - - � _ — PR CONIC DRIVEWAY - -.. r cl�'"� s<--r--- _ !tea- •->u, __.__ �_ - - �y---_ Tl vx scvrR :K [INSTALL n4TM •�" .�' f-•L �y i - - -" n - -- -., - _.a_c�a. - _ --r---_----- urr T +� __ _w ^-' _ -. y ,i-,,,. }- _ - - I _ 31-Dp�-_ _ t _ - - -r- - ----�• RLDUCOt ` LF Ar: 18' RCP TO GRADE' �- J' - y �-,-� • _ - _ PROPOSED DITCH FLOMUN£ - - - INSTAL 6: 1 HEADWALLS ?� ORY RDCK-RTP-r7AP - - `-Sf+ � �- _ ,DLDOT .SPEpFICA TONS- TYPE '•`•'s PROP. PE'HV'IONNLLE ST �•:.J +x _ .." - - << _ _—_ _ .. _ -- • ^;r - A. RRovcsr3 ,eci Rerc.•.L STA LO+OY, JS 4W-PT ,"s'� y - _ -_ - --- -- -- ---- --- -- ---- J - ' - ` 6'{CND B6� PA REMOlE AND REPCAC£ STING �RFrRA DRIVEVAY APPROACH TC OF PROP BOX CULVERTMATCH )PEW PAVEMENT 'fLEV : bt(ta04 i 7' PRECAS' _ _ t �^1 CONCRE7F BOX CULVERT 120 FT I - -•p _ - 1 N NEW PAWNENT '.'I 4`t fF'f+l� LONG, 1NCUDING TWO HEADWALLS • "�� - 7 " t _ PART r FLIT OF BIKE PATH S �/ MA,pR CONSTRUC77ON ITEMS I (rX.JOT TYPE M1NG, PARA�£Li PART O< FLrN!!RR£ DEVELOPMENT i • / KfLA.C. PAWO-EN' J ;:2 S r. . 560 ;Pev,-l: ✓•._ - I INSTALL 25 !F I <'� t 1 - . CONTROL PANT /J01 / JAMES E. D.OTTE / 6' Cp+C DRIiiwA IT -. ._ <506 5.F PEDESTRIAN .TAIL I-lrT,\ L� - / jr; T� y NOR n,' AND SOUTH j 1 t T %: r 1: `- I_ . 17 L i 1 i 1 1 I _ I . �� P.K. NAIL // �yt 656a0 moo:= CONTROL POINT /J02 �1 l - ELEV - 623.45 CQVCA£T "S �670 :.F.: - PER DETAIL (SEE i P.K. NAIL �7 1 _ _ _ _ _ _ N 3750a5717 aunt REPLAC[YLN7 _ PAGE %J OF IJ) I EL£v - 617.50 4 . : _ _ - - - - - E 42501.5J41 h N 3750J.9298 _. la' RCP. AEPCACrrE+r •� --- - E 42142.8404 I V 6: f IEtOwALts "it I _ F.,) AND-MATCH-J-rSiLit_ _— _-- — A S,PIIA-'r PA IrrME,N. •! d t7pVC 6.rr RAIN y0C _v e . . - •- e • ' s - • e ' CONTRACTOR DO NOT FLUSH THE SEDIMENT FROM EXISTING CULVERTS V A NY 4x7 Bar C✓ate . s^ DOM1✓57REAM UNTIL APPROPRIATE EROSION CONTROL IS UTILIZED TO y EARTHWORK L E G E N D PREVENT SILTATION OF TH£ DITCH AND OTHER CULWRTS AO 0 •0 SWO lEADt6tLL5 CUT waE 42'It!CP. --- -- 2 CONTINENTAL -BOULEVARI -FILL 7A-6 41" T'- TPf '9' HfAOwA_ - _ ---------- Go.�i�� -��pw-r/r oiMill Gl� tt tl !1 yo�- CgIIECT TO E705T PAVO4IT ON DAMS BLVD S 4 o q --- -- ------ - --�_ --------- WA---__--�-----_'--_- -- -- l/////G//// � G%%%U/l�%%�iY%%:%/1%%//!////ii':.•.GG' i.��.�.r/ivGzlr= w'�--i,��ii///i///(ii�%/G///// SiySIJGSiSiG�iG,r��,�y;'�%iriiGia/�/ii: 99 MOM mei/�.9/�//�////G%` s ! :aw r lI. !6Y �};� J• CRY of i WED PAVEMENT [� _ kammonow or II ' a+».. V4 - -' ----ns_.--.._--es^.- -_ -.-.air -- -_'- 9 �i C1 w I + hl rIy , MAN-V7M TO N' Mai►/ A�'+lr n"7w ntuc�r eeaYr V 7A-S 7REE SZE PCs OAK 6• 1 OAK 7' 1 OAK 12• 2 OAK 13• 1 OAK 16• 2 OAK 16• 1 OAK 20• OAK 24• 1 ELM 3• 2 ELM 4• 2 77MN ELM 4• 2 ELM S• 1 71MN ELM S• 2 ELM 6• 1 ELM 7• 2 ELM e• 1 ELM 11• 2 ELM 1S• 1 •., OPTION "c" - 26' AND 38" WIDE PAVEMENT AWY „ �r ! O mo CURB ✓sfR.IQ •� a"` +r �... �sov •� Li/RB n if'Wr vary x^wr �'.w x'cw �Yn.�rf .yA• C1.1w 1RAIRSM001 TO 26' NDW ,a C'ONKCT TO EXIST PAHEUENT ON DAMS BLW lit i ems. � -:.. '1•<!:=n if y � T '7Yj ttbM ti0�^ f1YHJ v til '16• �� � GY /Y \ R•A• HbM' M,� i`i,�'1�JNryi4C \ �,uK \ .rrr a�ecs� ar iraa 11 Q✓ p fL "�, ' i 1 DAD OF PWJW CO�tti:T 10T0 Um PA%[1CfT { m ` r *tow Am - ve o S A- iaw Mr—--1�\ Ipf�YlllMl /1 M »bK IIL. 7A-9 AA "f.fffA [fIf •f e TREE REMOVAL TREE SIZE PCs OAK 4" 1 om S" OAK 6' OAK r 1 OAK r 1 OAK 10, OAK 12' OAK 13" 1 OAK lV' OAK 16' OAK 16" 1 OAK 20' OAK 24' ELM 3" ELM 4' TW ELM 4' EL/ S" 7m am S' ELM 6" ELM r ELM E" ELM 10' ELM 11' ELM 14' ELM 15, HACK S" HACK G. HACK 8 HACK le HACK lr HACIC 14' HACK 16' ASH CHINA 8MY 6' I � Y Nrocz►zs n ~amomm 1odmwAdmmA : ara��wtass�tsR. CONTMP.WAT. IROM.RVARn ::PF City of Southlake, Texas MEMORANDUM May 13, 1999 TO: Curtis E. Hawk, City Manager FROM: Lauren Safranek. Director of Human Resources SUBJECT: Ordinance Authorizing and Allowing Updated Service Credit in TMRS and to Increase the Rate of Deposits to the TMRS System by the Employees of the City Action Requested: City Council consideration of Ordinance No. 748 authorizing and allowing the continuation of Updated Service Credit in TMRS and to increase the rate of deposit to the TMRS system by the employees of the City from 6% to 7%. Background Information: During the April 20, City Council meeting, the Council approved Ordinance No. 709-A amending FY 98-99 Annual Budget. This budget amendment included funds to increase the City's TMRS contribution rate by its employees from 6% to 7%. The next step in this process to increase the City's contribution rate for its employees is to adopt the ordinance required by TMRS acknowledging and authorizing this change. Ordinance No. 748 is the ordinance required by TMRS authorizing and allowing the re-adoption of the Updated Service Credits and the employee contribution rate increase from 6% to 7%. Updated Service Credit is a plan provision that the City already has in its TMRS plan, however, TMRS requires that this provision must be re-adopted whenever a plan change is made. Financial Considerations: Approximately $60,000 for the remainder of FY 98-99, which was approved in the budget amendment. Citizen Input/ Board Review: Not applicable Legal Review: The Ordinance has been reviewed and approved by the attorneys. Alternatives: Not applicable Supporting Documents: Ordinance No. 748 Staff Recommendation: Approval of Ordinance No. 748 by the City Council Curtis E. Hawk, City Manager Ordinance No. 748 '4ay 13, 1999 Le 2 Approved for Submittal to City Council: City Manager's'&ff.1e\ L L • TMRS-C/R-T-D ���r✓✓� ORDINANCE NO. 748 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF SOUTHLAKE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act), (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits an the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853,601, both as to the initial grant hereunder and all future grants under this ordinance, (c) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). 5 3 r , Ordinance No. 748 Page 2 L, (d) Each Updated Service Credit allowed hereunder shall replace Updated Service eP any Pd Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of L, the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the System. Section 3. Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1, 2000, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January _5—Ny Ordinance No. 748 Page 3 L 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. BE IT FURTHER ORDAINED: Section 1. That all employees of the City, who are members of the Texas Municipal Retirement System, shall make deposits to the System at the rate of 7% of their individual earnings. Section 2. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st at day of June, 1999. PASSED AND APPROVED ON second reading this day of ,199 Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary L „S� S T City of Southlake, Texas MEMORANDUM May 14, 1999 To: Curtis E. Hawk, City Manager From: Ron Harper, Director of Engineering Services Subject: 1st Reading, Ordinance No. 745 - Abandonment of right-of-way on North Carroll Avenue Action Requested: Place abandonment of right-of-way on City Council agenda for first reading. Background Information: This ordinance covers three distinct parcels of property. Parcel A is located between Crestwood Office Park and is owned (1110' by Cooper and Stebbins. When the Developer Agreement for Town Square Phase I was approved, the City agreed to abandon the portion of the right-of-way in this area to Cooper and Stebbins in consideration for Cooper and Stebbins dedicating the entire right-of-way for the "new" North Carroll. Now that construction is substantially complete, staff has prepared this abandonment ordinance. Parcel B is adjacent to Jurgen Strunk's property. The realignment of North Carroll Avenue has produced an area adjacent to Jurgen Strunk's property for which we have no use as City right-of-way. Typically we would abandon half of the right- of-way to each of the adjacent property owners. The Developer of Town Square (Cooper and Stebbins) has agreed to dedicate their "orphan" property to Mr. and Mrs. Strunk. Rather than create a deed-tracking problem by creating two abandonments, the City proposes to convey the entire right-of- way to the Strunks. L 51-1 • Parcel C is adjacent to property owned by Dr. Mendez. In order to realign North Carroll Avenue, the City needed to obtain right- of-way from Dr. Mendez. In return, City Council authorized the trading of abandoned right-of-way. The action requested by this ordinance is to finalize the process previously initiated by City Council. Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: Quit-claim deeds are being reviewed by the City Attorneys. Alternatives: None. Supporting Documents: Portion of Developer Agreement for Town Square, Phase I Quit-Claim Deeds (3) with Exhibits (kw Staff Recommendation: Staff recommends that this right-of-way abandonment be placed on the May 18, 1999 regular City Council agenda for first reading. lJ ' Ron Harper Director of Engineering Services Approved for Submittal to City Council: City Manage 's ` L 51-2 MHY-14-1999 10:30 LAW FIRM 817 332 4740 P.02/10 ORDINANCE NO. 745 AN ORDINANCE VACATING AND ABANDONING PORTIONS OF THE RIGHT-OF-WAY OF NORTH CARROLL AVENUE, LOCATED IN THE CITY OF SOUTHLAIE,TEXAS;DECLARING THAT SUCH PROPERTIES ARE UNNECESSARY FOR USE BY THE PUBLIC;AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF THESE RIGHTS-OF-WAY; 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,the city council of the City of Southlake,after careful study and consideration, iiai determined that portions of the right-of-way of North Carroll Avenue, located in the City of Southlake, are not being used by, nor useful or convenient to the public in general; therefore, it (me constitutes a public charge without a corresponding public benefit,and the public would be better served and benefited by its vacation and abandonment;and WHEREAS,in order to remove any question as to the continued interest or ownership of the public in said rights-of-way, the city desires to execute quitclaim deeds releasing all title, ownership and control in said rights-of-way to the owners of the abutting properties. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. Portions ofthe fight-of-way ofNorth Carroll Avenue,more specifically described in Exhibits .;A,"'B,"«C,""D,""E,"and"F"attached hereto and incorporated herein for all purposes,are not being used by,nor useful or convenient to the public in general. They constitute a public charge H_VIBRARYLSa►dIalaWnd nancaWaeaisCarollAvenueROW.'gd PAGE 1 51-3 MAY-14-1999 10:30 LAW FIRM 817 332 4740 P.03/10 without a corresponding benefit, and the public would be better served and benefitted by their vacation and abandonment. Accordingly,the above described rights-of-way are hereby vacated and abandoned as public property and shall revert in fee simple to the owners of the abutting properties. SECTION 2. The Mayor of the City of Southiake,Texas,is hereby authorized and empowered to execute quitclaim deeds to the following persons or entities: 1)Mendez,Ltd.for the right-of way described in Exhibits"A"and"B";2)Juergan F. Strunk for the right-of-way described in Exhibits"C"and "to";and 3)Cooper St Stebbins for the right-of-way described in Exhibits"E"and"F,"releasing all claims to title,ownership, or control of these rights-of-way, on behalf of the City of Southlake, Texas. SECTION 3. Copies of said quitclaim deeds shall be presented for filing with the County Clerk of Tarrant County,Texas by the office of the city secretary. SECTION 4. It is hereby declared to be the intention of the city council that the phrases,clauses,sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases,clauses,sentences,paragraphs and sections of this ordinance,since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase,clause,sentence,paragraph or section. HALJDRARY1SeudilakekOrdisaneeAlfacaudrroriAvenueROW.wpd PACE 2 51-4 MAY-14-1999 10:31 LAW FIRM 817 332 4740 P.04/10 SECTION 5. This Ordinance shalt 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 ,1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF ,1999. (FeMAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney (so, HALIBRARYISovtliake1OrdinsacciWaesseCarrollAvenueROW.wpd PAGE 3 51-5 MA'r-14-1999 10.31 LAW FIRM 817 332 4740 P.05/10 • • • 1 ••,' .: •.:1 '11:t \ i C ..• 4 w l- WEST, s� s 33.33 _,_�. _ ' t' r �� cp % F 7 ti �aet ° s i li 1 e -� l !125,i tE N . I gli! \ ‘.1 - .0 a? e , • p N F. �d ili XcpC3-40pirti Itrr « c tP ao ) 31:1 il T (AI. 11 ;160 CD Za 7.' .4 • w O ip LA or pi ' A It1 wim n • 2 tw10 I .. 4 CA • 3 m - 1 as t 1 z 1 1 . fit it n (AI R M -- '°X vrti } Ii xi Z l tp \ 4C 4 5 tag I 2 \ ________ EIrt -.:,:„ It IS 2 \ %0 III I iv ��' L t �� L...I EXHIBIT "A" 51-6 • MAY-14-1999 10:31 LAW FIRM 817 r` 4740 P.06/10 Being a 0.046 ace tract of land in the W.W.Hall Survey,Abstract No.695.City of Southlake. Tarrant County.Texts,and being a portion of a tram conveyed to Viola M Guess,as nrcordedin Volume 1943.Page 151(D.RT.C.T.)and being more particularly described as follow COMMENCING at a Sl8'iron pin found in the north property line of said Guess'tacc.said point also being the southeast coma area-act conveyed to So othview Joins Venture II,as recorded in Volume 9994.Page 1954(D.R.T.0 T): THENCE: EAST,along the north property line of said Guess tract.for a distance of 19.61 feet to the northeast corner of said tract,said point being in the existing west right-of-way line of North Carroll Avenur, THENCE SOUTH,fora distance of 169.59 feet to a point is the east property line of said Guess tract and in the west right-of-way line of Noah Carroll Avenue,said point being in a crane to the left hawing a radius of 1050.00 feet,a chord bearing S 13°54' 19"E,and a chonl length of 68.70 feet,said point also being the POINT OF BEGINNING; THENCE continuing along said come,for a distance of 68.74 feet to a point; THENCE WEST.for a distance of 33.33 feet the s usou Northcomer Carrollof Avenue:d nact.said point being in the casting west right-of-way THENCE NORTH.for a distance of 126.04 feet to the POINT OP BEGINNING,containing 0.046 acres,more or less. C of 772ans1► soiaabwe.asp L EXHIBIT "B" 51-7 • MAY-14-1999 10:31 LAW ::?^' 817 332 4740 P.07/10 1 4. I him fr er.s i; 1 �1 _ • C:a 4?09,*:'0 ji I c ,tir_ f sea, rr < R Of� a: :1I *p. 7.0 � 14 n• � a f H y. • • a s s m Z Mp _ 74 a, i0 a A �• =N= L7 r., IA 9 i :R �s ." c e • ..o �C M � `° N n a c 'S21V �oCS • ` o • • Z IS. " ao �� O al Caa . I1, (/1 X1 O �. b� ei = tea fr 0 p 71 ^ t• l V (�► I as i 1V dq sr.. \ , • ry LP l cr . U yy N :/5;64. \''. \ :. r- N- W t--.... \ _ WUl NUJ o (n oa . G l tt 1 r cn -I \ , • s 2 I s rn l ' = • 0 0? a 3Z Ula t `W i a• aoT. II 1 ` iv m I lifts r ,... V Y t • • y :^ , , i I: N i EXHIBIT "C" 51-8 MAY-14-1999 10:32 LAW FIRM• 817 332 4740 P.08/10 • • • in the W.W.IIa11 Survey.Abstract No.695.My of Soeuhlalce. Bang a 0.233Z ace tray of land �Y Tarrant County,Texas,and being a portion of the Carroll Avenue right-of way and being.more particularly described as follows: BEGINNING at a 1/2'iron pin found,said point being the southeast comer of a tract conveyed to Juergen F.Strunk in Volume 636S Page 206(D.R.T.C.T.)and in the west right-of-way. line of Carroll Avenue; THENCE NORTH.along the east property lint of said Strunk tract,fqr a distance of 295.30 feet to the northeast comet of said tract,said point being in the existing west right- of-way line of North Carroll Avenue; THENCE EAST.fora distance of 32.64 feet to a point in the west line of Lot 2,Block 9 of the Southlake Town Square addition: THENCE S 00'41.1 TE.for a distance of 295-32 feet continuing along said worst line of Lot 2,Block 9 of the Southiske Town Square addition to a point said point being in . the existing west line of Lot 1.Block 9 of the Southl ke Town Square addition: THENCE WEST,for distance of 36.11 feet to the POINT OF BEGINNING,containing 0.2332 acres,more or Iona. • Lie E%HIBIT "D" 51-9 : MAY-14-1999 10:32 LAt4 FIRM 817 332 4740 P.09/10 • - .•. •.:. • 1 Z0. 2 on~, Z li 0 y .r vlNn 44� o t C :, N O O O '41._.N i �et . o� w F34,1 1709. • ..] :7 ...0 0 . i - -------- - i 1 DQr s It i _ - -If!! ji w i Ili it, • - I wizi it , . , sI L Z = _1 11 N 71 T olio% _ ,r ri :into N tAIX q Co Co N • O .. a C "` 10 . - W v� - o- 1.1 m� W G ef CT 1 o;473!r �L� • • (O. - �°c �� i .* 0 ...., To • . 11- . . ..... . otri /14 i 1 li . 0 CD p- �A n N . Iiiii _.46 L rit rn• us -mismonsme:wwiammumok EXHIBIT "E" 51-10 MAY-14-1999 10.33 LAW FIRM 817 332 4740 P.10/10 • �rr✓ W.W.Han Survey,Abstract No.695,City of Sout}iahe, Being a 0.305 acre tact of land to the n�9 Tarrant County,Tads,and being a portion of the Carroll Avenue righi of way and being mom particularly described as follows: • BEGINNING at a concrete monument found,said point being in the toed+ -0f way line of Southiake Boulevard(PM 1709); THENCE N 89'23'40"W,along the north right-of-way line of Southlike Boulevard{FM 1709)for a d'aotance of 3.66 feet to a'A"iron pin found.said point being the southeast comer of Lot I R2°talc W.W.Hall No.691 Addhion,Cabinet A..SLde 4545,(P.R_T.C.T.)and in the west right-of-way line of Carron Avcwc THENCE N 00°45'53"W.along east line of said Cot 1R2 and the west right-of-way line of Carroll Avenue fora distance of 280.99 feet to a'h"iron pin found,said point being the northeast cornet of said Lot IR2; • THENCE S S9'54'44"E,fora distance of 48.21 feet to a point in the west line of Lot 1, Block 9 of the Southiake Town Square addition; THENCE S 00°23'09-E,fora distance of 28133 feet to a point fora corner, Squaresaid point being the west corner of Lot 1,Block 9 of the Southlakt Town addition: THENCE N 89°00'34"W,for a distance of 42.63 to the POINT OF BEGINNING, containing 0305 acres,morn or less. • (a."' cv i.vms.hs.0o • • • • EXHIBIT "F" TOTAL P.10 51-11 • City of Southlake, Texas MEMORANDUM May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Charlie Thomas, Deputy Director of Engineering Services SUBJECT: Design alternatives for the reconstruction of Continental Boulevard, Phase I from Davis Boulevard to Peytonville Avenue Action Requested: Staff requests the City Council to determine the design parameters for the reconstruction of Continental Boulevard, Phase I from Davis Boulevard to Peytonville Avenue. Background Information: The City Council awarded the contract to Reynoldq Asphalt & Construction Company in the amount of $596,746 at the February 16, 1999 City Council Meeting. The realignment of Continental Blvd. at Peytonville Ave. was included in the contract. The approved construction plans called for Continental to be realigned to the south of its existing location across the right-of-way that was donated by the Carroll Independent School District (CISD). The donated right-of-way has several mature oak trees within its boundaries, of which approximately 28 trees were scheduled to be removed for the realignment of Continental Blvd. The contractor began construction of the box culvert extension, which crosses Continental just west of the Peytonville Ave. intersection, on April 8, 1999. Due to the concerns of the residents regarding the removal of the existing oak trees to reconstruct Continental Blvd., the City instructed the contractor to stop work on April 13, 1999 so that the residents' concerns could be addressed. The project was discussed in detail at the April 20, 1999 City Council Meeting during the City Manager's Report. Following the discussion, the City Council directed Staff to re-examine the current construction plans and present design alternatives to minimize the removal of the oak trees on the school property along Continental Blvd. City Council also directed Staff to present the alternatives at a neighborhood SPIN meeting prior to City Council making a decision at the May 18, 1999 City Council Meeting. L 7A- 1 The existing characteristics of Continental Blvd. along with the design parameters of the current construction plans as presented at the April 20, 1999 City Council are (see attached exhibit 1): Characteristic Existing Proposed Roadway Width 20' average 26'/ 38'* Concrete Curb No Yes *The roadway is proposed to be two-lanes (26' wide) with left turn lanes installed at street intersections (Village Green) and a continuous turn lane installed along the Carroll Elementary School frontage(38' wide). Staff, with input from the engineering consultant Dunaway & Associates, Inc., reassessed the construction plans and proposed three alternative design options, which would minimize the removal of oak trees on the Carroll Elementary School property in order to reconstruct Continental Blvd. The three alternative design options along with the major design attributes of each, which were presented at the May 6, 1999 SPIN meeting are: Option A(see attached exhibit Option A) All base failures in the roadway will be repaired. A two-inch overlay of asphalt will be installed along with a Petro-mat to reduce cracking of asphalt. The width of the road will remain the same as the existing width (20' average). The intersection of Continental Blvd. and Peytonville Ave. will remain the same. There will be no tree removal required. Only minor drainage improvements will be made. However, storm drain will be installed along the east side of Peytonville Ave. that will extend along Continental Blvd. to Scenic to improve the drainage in that area. No improvements will be made to the culvert that crosses Continental Blvd. west of Peytonville Ave. A 2' retaining wall will be installed along each edge of the concrete that was installed for the prior culvert extension. Option B (see attached exhibit Option B) Pulverize existing asphalt roadway and cement stabilize the subgrade. Install 6-inches of asphalt along with a Petro-mat to reduce the cracking of the asphalt. The width of the road will be 22'; therefore the road will be widened 1-2' from the existing width. A continuous turn lane will be installed along the frontage of the Carroll Elementary School property. In order to construct the continuous turn lane, approximately 40 trees will have to be removed along the north side of Continental Blvd. The alignment of the intersection of Continental Blvd. and Peytonville Ave. will remain essentially the same. A right turn lane will be installed on Peytonville Ave. Only minor drainage improvements will be made. However, storm drain will be installed along the east side of Peytonville Ave. that will extend along Continental Blvd. to Scenic to improve the 7A-2 drainage in that area. The culvert that crosses Continental Blvd. west of Peytonville Ave. will be extended to the north in order to widen the road for the continuous turn lane in front of Carroll Elementary. A 2' retaining wall will be installed along each edge of the concrete that was installed for the original culvert extension to the south of Continental. Option C (see attached exhibit Option C) Pulverize existing asphalt roadway and cement stabilize the subgrade. Install 6-inches of asphalt along with a Petro-mat to reduce the cracking of the asphalt. A concrete curb will be installed along the edge of the roadway (curb similar to Continental through Timarron). The pavement width will be 26' for the sections of two-lane roadway and 38' for the sections of three-lane roadway. The pavement will be three-lanes at the intersection of Village Center and along the frontage of Carroll Elementary School to allow for left turning movements. The alignment of the intersection of Continental Blvd. and Peytonville Ave. will remain essentially the same. A right turn lane will be installed on Peytonville Ave. Approximately 63 trees will be removed to construct Continental Blvd. Only minor drainage improvements will be made. However, storm drain will be installed along the east side of Peytonville Ave. that will extend along Continental Blvd. to Scenic to improve the drainage in that area. The culvert that crosses Continental Blvd. west of Peytonville Ave. (hipe will be extended to the north in order to widen the road for the continuous turn lane in front of Carroll Elementary. A 2' retaining wall will be installed along each edge of the concrete that was installed for the original culvert extension to the south of Continental. Financial Considerations to Design Options Presented at SPIN Meeting: Due to the City initiated work stoppage, there will be an additional cost that the City will incur from the contractor for re-mobilization regardless of the design change. This additional cost estimated to be $8,000. There will be an additional cost of $62,000 for Option B & C for the amount of clearing that is required on the north side of Continental Blvd. An engineer's opinion of probable cost has been developed for each of the design options. The cost estimates are tabulated on the following page, which include the re-mobilization cost for Option A and the re- mobilization cost and additional clearing costs for Options B & C. These estimates are based on the parameters previously described for each option and also reflect the current unit prices of the contract that was awarded to Reynolds Asphalt & Construction, Inc. (kyr 7A-3 Design Option Estimated Cost A $278,983 B $563,545 C $649,505 The original contract amount was for $596,746. The changes must be incorporated in a change order to the original contract. Depending on the design alternative that is chosen, the contractor may have the right to re- negotiate the contract prices if the unit prices are changed 25% of the contract amount. Upon recent discussions with the contractor, the contractor has stated that he is very willing to work with the City in order to remain under contract for the reconstruction of Continental Blvd. The specific amount of change to the contract amount will not be determined until the City Council determines the exact design changes at the May 18, 1999 City Council meeting. Citizen Input/ Board Review: The SPIN meeting held on May 6, 1999 at 7:00 p.m. at Carroll Elementary School had twenty-eight residents present (see attached SPIN meeting report form). Shawn Poe and myself presented to the residents the three design options. The intent of the meeting was two-fold; first, to obtain feedback from the residents with regards to the design options and second, reach a consensus on the most appropriate design options. (law Only one individual at the meeting preferred design option A. A consensus could not be reached between design options B & C. However, several suggested alternatives to the design options expressed by some of the residents are listed below: Design Option B • Install a concrete reverse curb along the edges of the pavement (similar to Continental through Timarron). • Continue the continuous turn lane from the west side of the Carroll Elementary School property to west of Village Green. • Continue the continuous turn lane from the west side of the Carroll Elementary School property to Davis Blvd. if the right- of-way was donated from the unplatted properties (Ms. Livingston of 2020 W. Continental stated she had no intention of donating the right-of-way). Design Option C • Continue the continuous turn lane from the west side of Village Green to Davis Blvd. if the right-of-way was donated from the unplatted properties (Ms. Livingston of 2020 W. Continental stated she had no intention of donating the right-of-way). 7A-4 kr..• The majority of the residents preferred the alignment of Continental at Peytonville for design options B & C. However, two or three residents expressed that the original re-alignment design of Continental at Peytonviiie as shown at the April 20, 1999 City Council meeting (through the donated right-of-way from CISD)would be the best choice. Some residents inquired on the amount of homes planned to be constructed in the Southlake Woods and Country Walk additions. The residents were concerned that the increased traffic from these additions warranted a turn lane and a wider pavement along Continental. There are 129 platted lots in Southlake Woods and 55 platted lots in Country Walk. Legal Review: Not applicable Alternatives: The City Council may choose either the original design presented at the April 20, 1999 City Council meeting, the design options presented at the SPIN meeting on May 6, 1999, or an alternative to the design options as suggested by the residents at the SPIN meeting for the reconstruction of Continental. A change order to the contract will be issued to the contractor or the City may choose to re-bid the project. If the project is re- bid, the City most probably will incur higher prices and delay the project. LeSupporting Documents: Exhibit 1 Design Option A Design Option B Design Option C SPIN meeting report form Staff Recommendation: Staff recommends Council to discuss both design options B & C for the reconstruction of Continental from Davis Blvd. to Peytonville Ave. Please place this item on the May 18, 1999 Regular City Council Agenda for City Council review and consideration. kt?e11 — CJT/sep Approved for Submittal to City Council: dip (iiii.„ City ManTlik Off•- m:\wd-files\memos\c. ental design altematives.doc 7A-5 City of Southlake,T STAFF REPORT May 14, 1999 CASE NO: ZA 99-021 PROJECT: Ordinance No. 480-310/Second Reading/ Rezoning /Tract 17, R. D. Price Survey, Abstract No. 992 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as being Tract 17 situated in the R. D. Price Survey, Abstract No. 992, and being approximately 5.386 acres. PURPOSE: To plat property into one single family residential lot. LOCATION: On the west side of North White Chapel Boulevard approximately 450' south of Bob Jones Road. OWNERS: Jimmy and Dana Boyles APPLICANT: Peebles & Associates CURRENT ZONING: "AG" Agricultural District. REQUESTED ZONING: "RE" Residential Estate District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Five (5) RESPONSES: One(1) response was received from within the 200' notification area: • Mrs. James 0. Evans, 9426 Braddock Road, Fairfax, VA, undecided, (Received April 19, 1999.) One (1) response was received from outside the 200' notification area: • Boyd D. Dollar, 525 Brooks Court, Southlake, TX undecided, "possibility of fence not consistent with surrounding single family properties and land use plan for low density residential' which encourages openess and rural character." (April 21, 1999.) P&Z ACTION: April 22, 1999; Approved (4-0) with the approval being contingent upon ZBA approving the variance for the minimum lot width of 300'. COUNCIL ACTION: May 4, 1999; Approved (5-0) First Reading. • City of SouthWce,Texas STAFF COMMENTS: The"RE" Residential Estate District Regulations require a minimum lot width of 300'. This property has a width of approximately 270'. The Zoning Board of Adjustments approved a variance to the lot width'.(5-0) on April 29, 1999. Please note that a change of zoning to the "RE" Residential Estate District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\99CASES\99-005Z.WPD • • • IV.Z s I y, LG.6ELCH , .i.,. li SURVEY A-30D 8 4 Lal az a a I s s earls a �nsas �^'a '-- � . s 2 32 awliB 33 1B 34 1 I 26 II . _____MI I I no qRe _. : . :VW VEY A— Ipk., a k sae r� , �1. ‘ '. ,. 96 le113 l `fir"i.. mi ...NPIFSIG '3 " 0641 711; U 2 71 II 7 0R' ® _ �6 ;\ 3504 IC r _ a� 6 rc tz IC QL�CF,,�-- apri ii �t R.D.PRI E ��� <s AIM III !R9 a iRN TRA In ' a61 't a e YAM AC 6 10 6" 551C ll Tl;le fl!9 a e,i a 5 le 1 — 71c 61C� �� -a 'i n •y 11 8 ri lI,II 1NIil1!"li�l'!11!1"1 J111111111 r In LAX ..�� ��� SIC �I. LAX r— —ice rL — — L 'I" CY __ c u'-- --'-- - -- _— • MO --= __milim. _ — =— / == „ il R.i — s a ,�sax ,� 3127 lc Mt ill ■■ Ill �, su 'I'. 3uz ec ii ii �� iii WivEDLIN s. SURVEY A W.MIL S !Miniil fi ii ------ 1111111111MMIIIIIIIINI a ! n� ' �` niiiiir�1lir I - I I ';I 1e4 111111111\�'. "VEY A-1607D i ( 84 t6eoec �IIIIIIIII\ � I�1 �" 11i\ I .----,\....... SURVEY A-742 ,� S lIP Ill • !—iiIII p.BOUTHIT I Alt ,L.... . 4�IC a SURVEY A • r ` '• ii ��A�E Q�R , :ate rn�� I �� , AC 46641C ----- l , jiii h0 1 18 482 . I7.11111 ■, , L �' �\ ra 4c lit nt 1C Ta�s „ .� 10 ° pampriso�JNTRACT MAP nt` i"•, 763 ,�9A4ESIL A-12o sum 9202 le 1 I IIIIIII\ 2g ' I TH?JII 2� 2 SIU 1 1i41c kkiaA�R 5 4.982 AC nER _ 4 TR4A - �t3 RikC f 1 6 AC 12 fAC 1" t ACJJ E . I l� l� I 12 1 I F-------.__.___---- 2 $4pN I 1 TR 4B ii 1 M. GRIGSBY I "AG" I O Z J. EVANS J. EVANS I z z 1 CITY OF _w _ "AG" "AG" I SOUTHLAKE Lor w w 1 "AG" "AG" TR 17 I "AG" 5. C 1 I I 1 I I 1 I -CITYOF SOUTHLAKE I 2 I I II "AG" SOUTHLAKE—SOLANA LTD I 1 52 R 18 I 2 51 BOAC I 3 50 "AG" I 4 I 49 1 1 5 48 L. ADJACENT OWNERS I 6 47 AND ZONING 1 81 45 1 6 1 10 4 43 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-310 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 TRACT 17 SITUATED IN THE R D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING APPROXIMATELY 5386 ACRES,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE - OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING. THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE (hre 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 L:\CITYDOCSORD\CASES\480-310.DOC Page 1 g WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on 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, L:\CITYDOCSORD\CASESW80.310.DOC 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 L:\CITYDOCSORD\CASES1480-310.DOC Page 3 rib.11 - amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 17 situated in the R. D. Price Survey, Abstract No. 992, and being approximately 5.386 acres,and more fully and completely described in Exhibit "A" from"AG"Agricultural District to"RE" Single Family Residential Estate District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health,safety,morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future;to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water,parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration L, among other things of the character of the district and its peculiar suitability for the particular uses L:\CITYDOCSORD\CASES\480-310.DOC Page 4 (iirr• 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 L:\CITYDOCSORD\CASES\480.310.DOC 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 , 1999. MAYOR ATTEST: CITY SECRETARY L L:\C ITYDOCSORD\CASES\480-310.DOC Page 6 a (kr, PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (of L:\CITYDOCSORD\CASES\484310.DOC Page 7 ( EXHIBIT "A" STATE OF TEXAS COUNTY OF DENTON WHEREAS JIMMY L. & DANA S. BOYLES are the owners of a 5.386 acre tract of land situated in the R.D. Price Survey, Abstract No. 992 in Denton County, Texas as conveyed by deed recorded in Volume 4184, Page 588 of the Deed Records of Denton County, Texas and being the same tract of land(a called 5.50 acre tract)as conveyed to W.D. Burns& wife Dott Burns by deed recorded in Volume 390, Page 551 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a point in the existing pavement of N. White Chapel Blvd. That is S 88°21'53" E, 26.72' from a found fence corner and assumed west right-of-way line of said N. White Chapel Blvd.; THENCE N 88°21'5.3" W passing said found fence corner at 26.72'and in all 891.90'along an existing fence line to a found fence corner at the southwest corner of said Boyles tract; THENCE N 00°17'47" E along an existing fence line for 257.12'to a found fence corner at the northwest corner of said Boyles tract; THENCE S 89°09'47" E along an existing fence line passing an existing fence corner at 866.13' and in all 890.31'to a point in said existing pavement of N. White Chapel Blvd.; THENCE South along the east line of said Boyles tract for 269.56'to the POINT OF BEGINNING and CONTAINING 234,618 square feet or 5.386 acres of land. L L:\CITYDOCSORD\CASES\480-310.DOC Page 8 g g.12 • City of Southlake,Texas STAFF REPORT May 14, 1999 CASE NO: ZA 99-031 PROJECT: Ordinance No. 480-311 /Second Reading/ Rezoning / Tract 3,W.W. Hall Survey, Abstract No. 687 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as a portion of Tract 3 situated in the W. W. Hall Survey, Abstract No. 687, and being approximately 2.00 acres. PURPOSE: To plat property into one single family residential lot. LOCATION: On the south side of Emerald Boulevard approximately 200' east of Pearl Drive OWNER/APPLICANT: Bob Stevenson CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: Three (3) responses were received from within the 200' notification area: • Debra Orzech, 924 Emerald Boulevard, Southlake, TX in favor, "This lot sits in between homes in Diamond Circle Estates. I would like to see another home built there." (Received April 13, 1999.) • Bob Stevenson, 2113 Taxco Drive, Carrollton, TX, in favor, "This will be the best use of the property. It will complete the development of the entire Diamond Circle Estates subdivision and follow the city's Master plan and increase the tax base of the city." (Received April 19, 1999.) • Don Tinkham, 917 Emerald Boulevard, Southlake, TX in favor, "This property has been neglected and is a haven for rodents and other pest, and also will make a beautiful home site!" (Received April 20, 1999.) --7r• _ I City of Southlake,Texas • P&Z ACTION: April 22, 1999; Approved (4-0) acknowledging Mr. Stevenson's intention to file deed restrictions identical to those for Diamond Circle Estates, Phase I, and encouraging him to get those deed restrictions filed before this case goes to City Council. COUNCIL ACTION: May 4, 1999; Approved (5-0)First Reading on consent. STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\99CASES\99-005Z.WPD -7 C. -9 42 �Lpt‘. \. v* ,1.3e Al; ut • 6 k i fR® R 3�ATR ., 72 ki " R 11 \01• Rec , t ` ,,0 RuwR 6.43 IC R • I I R R 3FL 3o k thi � !2o ACnr - �. �a• . ° R 6A f ' R maxi n• •I .• -C\ICE JC �\I R tE2 Am .•\.• 1. i' ` SG AC�' R A i 91l14AC Q nee \\�� �" \ 1 IIi IC e 17 It \�`C•' fir■ \•,. ns ..- um nub ;I� ... Wm 0 35LI6 AC I'7 k n�_ c�eI 1OM C..� ��a 6IQ6/AC \� 5Q0 AC •,,,,/�;,,�,' lip23345 AC z94 k 0 \ a4 111111�� �10�. \�\ 3. A'allIttirliP till �,k I Q,� "1 R91: �a\ iiiiI' Mall"4�.Ali - `..._.7,...*„...... ��ii'm' TTR :. 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' JVIIPq".1.1 8 9A . 9B 10 1 2 3 4 5 6 DIAMOND BLVD 2 4 8 7 TA E 5 6 7 17 CI all91� 9 ON ' f8 J.STEVENSON G. KERBOW W. HICKAM J.STINNETT T. ORZECH 10 w, „ 1 AR EMERALD BLVD a 5R1 14 9 1.002 O q J.MABRY C J. m s 5R2 40 , _,l A„ / D.TINKHAM MELUNGER 4 A 10 1.021 O 4.4 O ----( D.JOHNSON "SF 1A" 11 11A 12A 13A R.STEVENSON SOUTHERN 3A -,> J. HOLT HO E]M 12A TR 3 / REALTY - 11A A : ( 4.47 AC B.MCCOY 3A „/`1� 1A INC. 3A 12R1 _ __ _ __ _ _„ „_ _ _ _ _ _ �6 1 B 1 B — J. . STEVENSCIN .'409 AC 1 B �' 28, r B q •• a . Ant `i/!•IUlIMIliIalri==.11e1t• A-2040 -- -- -- -- -- - - - - -- -- - - SOLILLAKE BLVD TR 5D1 TR 5D2 TR 5D5 2.365 AC 1.698 AC 4 i 1.945 0 1A2A1 .66 AC m TIM` „0 DAG: a „� P�C$ L ADJACENT OWNERS B�3® ,,, 00) TR 5E AND ZONING TR 5028 K DUO 5.916 AC 6 5'35t O 3.948 O 0 2.78 TR 5D3 1.68 AC '1" ` . i s ADOPTION OF RESTRICTIONS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: �� COUNTY OF TARRANT § WHEREAS, ROBERT L. STEVENSON is the owner of the following described real property situated in Tarrant County, Texas, to-wit: Lots 7 and 8, Block 3, DIAMOND CIRCLE ESTATES, PHASE II, an Addition to the City of Southlake,Tarrant County,Texas,according to Plat recorded in Cabinet , Slide , Plat Records,Tarrant County,Texas; and WHEREAS, the said ROBERT L. STEVENSON is desirous of placing certain Protective Covenants on said property, said covenants being attached as Exhibit "A" hereto and made a part hereof for all purposes, having been previously recorded in Volume 8086, Page 1202 of the Deed Records of Tarrant County, Texas. NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR($1.00) and other good and valuable consideration,ROBERT L. STEVENSON does hereby adopt those certain Protective Covenants attached hereto as Exhibit "A'., previously recorded in Volume 8086, Page 1202 of the Deed Records of Tarrant County,Texas,to also cover and encumber the above described property. EXECUTED this day of May, 1999. ROBERT L. STEVENSON THE STATE OF TEXAS § COUNTY OF TARRANT § The foregoing instrument was acknowledged before me on the day of May, 1999, by ROBERT L. STEVENSON. Notary Public, State of Texas Printed Name of Notary My Commission Expires: - '7r^ , J, ~ )1 ..* - -- - 1. /. •� ,. ` � . . O .M1. •• !� • rN4:5*--..-"°‘ EXHIBIT "A" 19.00 V 0 • PROTECTIVE COVENANTS 1000 03912 3 02/08/8S 4 DIAMOND CIRCLE ESTATES, PHASE II . THE STATE OF TEXAS I X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT I That S. LLOYD CARnER AND ASSOCIATES ("Owner") , being the (lkimee owner of the real property ("Property") situated in Tarrant County, Texas, being described as: • LOTS 5 and 6 Block 3 Lots 11 through 17 Block 4 Lots 4 through 9 Block 5 Lots 2 through 4 Block 6 Lots 7 through 14 Block 6 All of the above named lots contained in that certain tract and parcel of land being Diamond Circle Estates, Phase II, an addition to the City of Southlake, Texas, according to the plat recorded in Volume 388/181, Page 69 Tarrant County Plat records. • Owner has adopted an overall plan for the orderly development of • 1 the Property, and to implement such plan desires to and does here- by adopt the following Protective Covenants which, together with any covenants and restrictions which may hereafter be contained in deeds from the Owner covering any lot contained in the Property I shall constitute covenants running with the land and shall be upon any purchaser, grantee, owner or leosee of any land or building in . the.Property, and upon the respective heirs, executors administrators, j devisees, successors and assigns of each purchaser, grantee, owner 1 or lessee, and shall insure to the benefit of and be enforceable by i the Owner and the Owner's successors and assigns: 1 1. Prior to the construction, remodeling or alteration III of any building or other structure, two complete sets of plans and 4i specialsitherefors dan structuralwin plot ldesign,exterior covering such ions and proposed mater- ials work shall be submitted to the Architectural control Committee (as Herein- ' niter defined) for approval and no construction shall commence until o such plans have been approved. One set of plans will be retained by i. L the Committee until the home has reS•ived a Certificate of Occupancy .• from the City of Southlake. LI YGt . 8086 MAU1202 1 r.. iI , t . , , . , . , L 91 I . • , A+ , i - . �• , ' it There shall not be constructed or placed upon any • ••.• .' lot contained in the Property any structure except a single- .L,c family residence and other attached and detached buiiilldi ssrrea- sonalbly suited to the residential purposes ure, none of which height islapproved in writing l exceed abyn the iA►rchitectu whereght, except ralControl • gre I Committee. 3. Construction of new buildings only shall be permit- tad, t being the intent of this covenant to prohibit the moving offany existing building onto a lt�r�dp=op remodeling or converting • the same into a dwelling unit upon 4. Any two-story residence erected shall allhavec not pless than 2,900 square feet of living area, excluding and garage areas. Any structures of greater height shall have area as may No residencedshallhbe constructede lof ControlCommittee. L by less than 2,800 square feet of living area, excluding all porch, patio and garage areas. Any structures of greater height• shall have area as may be required by the Architectural Control Committee. 5. The exterior walls of any structure erected on a lot de l ea of be.a minimum of veneer, stone or7st stone veneer, except 0% of the total iwhere lthe rArchitectural brick Control Committee shall approve other materials. G. The roof of any structure shall be Composition, Tile, or Cedarh Shakes or the that fire d partment treated the City retar- dantofSouth- 1 cexcecals app useeof other materials.�R of lineslo Control storyaresidencesits the must be a 5/12 pitch or steeper unless otherwise approved by the Architec- tural Control Committee. ' 7. No garage or carport shall open to the front of any lot or toward the side of any lot, which is adjacent to a public street or thoroughfare. The Architecturaltr Cg ntrolbe Com itte wiamong other things, may require any garage an Automatic garage door opener, or other similar and dissimilar requirements appropriate to the protection of the aesthetics of the subdivision, as determined in the exercise of the Architectural Con- trol Committee's sole good faith descretion. (2) Le C VOL SOW ?La i2R3 P•.' r�•.,;,U. . t••JAM . ;`�• r-.t.' t�t', Iti• :,� A ` ,�. �� •..� .••tM� , •. v i .• S l (• •.'^ y . . . . .. , . . ... , . . • , . ' . . . .. (..., , i . . . • A. ',2�1�f T�l! L •, ill, ft' �'! 8. No building shall be located on any lot nearer to o:,' .5 •.'the front lines than the building lines established on the record- • • `t. • • ed plat above-described, unless otherwise approved by the City of t;.. • southlake and the Architectural Control Committee. No main or out- • :;' building including, but not limited to, garage, carports, and stor- 0, • . age buildings shall be erected closer than the greater of (i) ten (10) feet from side property line or (ii) a number of feet from I, the side property line which is 104 of the average width of the lot except as may be apprcved by the Architectural Control Committee. • On corner lots, buildings shall be located to conform to the build- ing line from the side street property line as indicated on the recorded plat, except as may be specifically approved by the City of southlake and the Architectural Control Committee. The Owner reserves the right to change in writing any property and/or building lines of any and all lots shown on the recorded plat of the addition as long as the Owner holds legal title L to such lot or lots; and the Owner further reserves the right to make such changes with respect to building lines with the consent of a subsequent owner of the property involved after the Owner has parted with title to such property. • The Owner reserves an exclusive easement on, over and under the property designated on the recorded plat of the Addition by the • term "easement• for the purpose of constructing and maintaining or permitting the construction and maintenance over and under any re- sidential tract of pipelines, conduits, telephone, telegraph and electric light poles and such other equipment necessary to the supply of any public utility service or construction and maintenance of drainage facilities. Fences, walls and hedges, but no building or structure of my other character, may be erected or maintained on the easements or drainage facility shown on the recorded plit of the Addition, provided (1) that such fences, walls and hedges do not . • interfere in any way with the use of such easement by public utili- ties then utilizing or hereinafter wishing to utilize the same, (2) that the rights of the owners of such fences, walls and hedges shall be subordinate to the rights of such public utilities, and (3) that such public utilities may at any time without liability to the owner . of any such fence, wall or hedge remove such fence, wall or hedge, where the removal of same is incidental to the performance of public service operations, (4) that such fences, walls and hedges do not in- terfare in any way with the maintenance and operation of drainage facilities. The Owner shall have the right to vacate or relocate the easement appurtenant to any residential tract provided such vacation or relocation shall not prevent access by utilities then occupying • any easement to any residential lot shown on the recorded•plat of'the Addition. Electrical, telephone service, or cable service to each resident shall be underground from the overhead primary power line poles as installed by the appropriate utility company. L .I 1, (3) /1 VOL 808G titE1204 • (11■101 • • . • • , ,YC/q 1t ti.:0.. r x•'` ./ 9. No oil drilling, oil development operations, oil re- '�"�� ' •' fining, quarrying or mining operations of any kind shall be permitted . ' ' k - upon or on any lot, not shall oil well, tanks, tunnels, mineral ex- : :, cavations or shafts be permitted upon or on any lot. No derrick or . s{ other structure designed for use in kuarrying for oil or natural gas , ''" shall be erected, maintained or permitted upon any lot. 10. No vehicles are to be parked on any street in the ' ;!' Addition on a regular basis. Recreational vehicles, (ie) boats, • motor homes, travel trailers, must be parked behind back building line of residence, and inside the side building line, on a concrete pad, properly screened to protect the aesthetics of the neighborhood. 11. No vehicle of any size which tranoports inflammatory i or explosive cargo may be kept in this Addition at any time. I 12. No structure, fence, wall, hedge, or shrub planting (111how' which restricts sight lines at elevations between two and six feet above the roadways shall. bo placed or permitted to remain on any ' corner lot within the triangular area formed by the street property lines, and a line connecting them at points 35 feet from the inter- section of the street lines, or in the case of a rounded porperty • corner, from the intersection of the street property line with the edge of a driveway. No trees shall be permitted to remain within • such distances of such intersections unless the foliage line is main- tained at sufficient height to prevent obstruction of such sight lines. Any common improvements referred to in this paragraph or changes after construction of such improvements must be approved by the Architectural Control Committee. . 13. No fence, hedge or wall shall be erected, placed or ' altered on any lot at a height of more than (6) six feet and nearer to any street than the minimum set back line and shall not extend past the front of the residence, unless approved by the Architectural Control Committee. All fences shall be of wood or masonry construction, and if constructed of wood, must be solid and of 1" x 4" planks of spruce or cedar, with gothic points at the top. - 14. Every residence constructed on any residential lot • shall front on the street on which it is located. Residences on corner lots may face either street subject to the approval by the City of Southlake and the Architectural Control Committee. 15. After the acceptance of the streets by the City of Southlake, lots must be kept mowed and clear of underbrush so as not to be an annoyance, nuisance, or eyesore to the neighborhood. If thee . lot is not mowed and/or cleared within 10 days from receipt of notice from the Architectural Control Committee, then the Committee shall have the right to have said lot mowed, cleared, cleaned-up or -what- ever else is necessary in order to bring the lot into conformance • • (kr' (4) • VOL. /It/ 8086 ,ietl205 a. . ePi."I)i{a Nt tit tt N. J :•• •;► .f . • . " • , ., ' ,(,� .~!t'.,,,.. , t1. N .' ,10 •4t,+,S'.. - •:"b4 v, . , ,'. , • t , Niter . .fir ��4, I •.cif ,{t ith this convenant. If the Committee has to take action under the `•:' .F' terms of this covenant, then it shall be reimbursed by the lot owner . .' 'W ! for costs incurred plus 15% administrative charge. ,f. :. 16. Construction of any residence shall begin within nine 1• •.!• (9) months of purchase of lot, and be completed within nine (9) months , A�f' from the date of the building permit. If not completed within this • period the amount of $25.00 per day shall be paid as agreed partial ._;,• damages to Owner (as above defined) , it being acknowledged that Owner will be damaged in an amount difficult to ascertain. 17. During and upon completion of any construction, the builder and owner of a lot shall be jointly and severally responsi- ble for the removal of any trash or debris that may have been thrown or placed on the premises or any adjoining property and shall leave clean the street adjoining the premises. 18. No structure of a temporary character, trailer, mobile- (Ilero' • home, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. No garage, servant house, garage house or outbuilding shall be occu- pied by owner or tenant or anyone prior to the erection of the main dwelling. • 19. No sign of any kind shall be displayed to the public view on any lot except one which is not more than five (5) square feet advertising the Property for sale or rent or signs used by a builder to advertise the Property during the construction and sales period. • 20. No noxious or offensive activity shall be carried on . upon any lot nor shall anything be dune thereon which may be or may become an annoyance or nuisance to the neighborhood. • 21. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste trash, garbage or other Maste shall be kept in sanitary containers. r 22. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept in numbers not to exceed four (4) so long as they do not constitute an annoyance or nuisance to the neighbor- hood and provided that they are not kept, bred or maintained for any commercial purposes. Anything pertaining to this restriction is sub- ject to all applicable City, County, State, and/or Federal laws, rules, or regulations. 23. No radio, television towers, satellite disc or other similar apparatus, and aerial wires shall be maintained on any lot that does not contain a residential structure, and no commercial r towers for that purpose shall be constructed. Any such proposed • structure must have the approval of the Architectural Control Commitee. (5) r ' VOL 8086F1206 • •• 1 1r ,w' ' !. . r - L1Il.o1, 'dp 'llp4 .1 f r- 4 '•-Ay, �� 1' �1y y� •�� �i. .(u • % L. . • .. .. • . . , . . , . .. . .. .. . , . ,.. .; . . .. ?• , . . . „ . . . . , i, ... . , . . . . . " • • • . , . . .:.c. , , , . • . . . % . . . .. . „ . . , . . . . ,• A,}. 1 24. The Owner may include restrictions, other than ^;r those set out herein, in any contract or deed to any tracts with- • ,;�:' out otherwise modifying the general plan above outlined, and such . . other restriction or restrictions shall inure to the benefits of ' • and bind the respective parties in the same manner as though they 1 : had been expressed herein. • '•l . 25. The restrictions herein set out shall be referred to, adopted and made a part of each and every contract and deed .i executed by and on behalf of the undersigned conveying said pro- •. perty or any part thereof to all sucn intents and purposes as though incorporated in full therein; and each such contract and ' deed shall be conclusively held to have been so executed, delivered, and accepted upon the expressed conditions herein stated. - 26. All the restrictions, convenants, resolutions, liens and charges appearing herein, as well as those appearing in any L. contract, deed, or other conveyance to or covering any part of this property, shall be construed together. If any one of the same shall be held to be invalid or for any reason is not enforced, none 1 of the other provisions shall be affected or impaired thereby, but shall remain in full force and effect. In event of any dispute over the proper interpretation of 1 any of the provisions of this instrument, the determinations of the Owner shall be final and binding on all interested parties. • i 27. The Architectural Control Committee shall be composed of S. Lloyd Carder and John Newberry, and the committee shall act by the execution of any approval or other document by any two or more members of such committee or such committee may designate by writing a representative to act in its stead. In the event of death, resig- nation, failure or refusal to act of any member of the committee, Owner shall fill the vacancy,thereby created by written instrument filed in the Deed Records of Tarrant County, Texas. Owner may re- - move or replace any member of the Architectural Control Committee with or without cause at any time by executing a written instrument and filing the same in the Deed Records of Tarrant County, Texas. , Neither the members of such committee, nor their designated repre- sentatives, shall be entitled to any compensation for services per- formed pursuant'to this restriction. The powers and duties of each member of the committee, ind of its designated rspresentative,,shall cease one year after construction has been completed on the last lot in the Property and, thereafter, the approvals described in these restrictions shall not be requir..d unless a written instrument shall be executed by the then record owners of a majority of the lots in the Property and duly recorded in the Deed of Records of Tarrant 1 ' County, Texas, appointing a representative or representatives, who - I shall thereafter exercise the same powers previously exercised by said committee. i 28. Approval or disapproval of any plans or specifications (61.00., submitted to the Architectural Control Committee hereunder shall be 0 based, among other things, on the adequacy of site dimensions, ade- gricy of structural design, conformity and harmony of exterior design C (6) VOL ROg6i26�} ' .+•ka ko.b. • 1•,: :, :..o ,• } �4 ' •• Yr ' e ", ? i {u I " .•v x•• ca • N A +.. .. • r ,1+ . r • (har' O . . : , Q, • , with the neighboring structures, effect of location and use on neighboring lots and improvements situated thereon, relation of ///////7 topography, grade and finish ground elevations of the lot being • improved to that of neighboring lots, proper facing of main ala- vation with respect to nearby streets and conformity of the plans and specifications to the purpose and general plan and intent of , these Protective Covenants, all as determined by the Architectural Control Committee in its sole discretion exercised in good faith. . • The Architectural Control Committee shall not in bad faith arbi- trarily withhold its approval of such plans and specifications. If the Architectural Control Committee fails either to approve or • disapprove such plans and specifications within thirty (30) days after the same have been submitted to it as evidenced by written dated receipt by any member of the Architectural Control Committee or its designated representatives, it shall be conclusively presumed that the Architectural Control Committee has approved such plans and specifications. 29. Neither the Owner nor any member of the Architectu- ral Control Committee nor their successors or assigns shall be • liable in damages to anyone submitting plans for approval, or to any owner or lessee of land affected by these Protective Covenants by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the consenting or failing to consent, approving or failing to approve any matter with respect to which the Owner and/or Architectural Control Committee may have authority under the terms hereof. Every person who submits plans to the Owner • for approval agrees, by submission of such plans, and every owner or lessee of any of said Property agrees, by submission of such plans, and every owner or lessee of any of said Property agrees, by ac- • • quiring title thereto, or leasehold interest therein, that he will . not bring any action or suit against Owner or any member of the Architectural Control Committee, their assigns, to recover any such damages. • • 30. These covenants are to run with the land and shall be binding on all parties and all persons claiming them fora period of thirty (30) years from the date these covenants are recorded unless • at any time after said thirty year period an instrument signed by a majority (by number of lots) of the then owners of the lots has°been ' recorded, agreeing to change said covenants in whole or in part. In addition to the Owner and to the other parties for whose benefit these covenants shall run, the Architectural Control Committee shall fur- ther have the authority to enforce any and all of the covenants and j conditions set forth in these Protective Covenants against any person or persons violating or attempting to violate the same. In further- i ance of the foregoing, and not by way or limitation, the Architectural i Control Committee, Owner and any other party for whose benefits these covenants shall run may enter proceedings at law or in equity to re- strain violation of these protective Covenants and to recover damages for the breach or violation thereof. Notwithstanding any express or . 4111eme implied term or provision hereof, neither Owner nor the Architectural Control Committee shall ever be ob?igated to enforce any provision hereof and failure to do so shall never be grounds for any liability • (7) 0 Vet 8086 till12C8 . /^ 1' -' t r•i'. •Y.:. . 'q•'04;••..'r. i.l;•-*--4-• • .t`` it n.•!•A. .+!4•, ',� • s . • ili•f. 1,.•' ; r 1 . for or recovery of any damiages against Owner, the Architectural Control Committee or any member thereof. i- 1,�, t 31.. All construction shall comply with all applicable zoning ordinances, building codes, fire codes, and any other laws, ' ordinances or regulations of any applicable governmental body or agency including but not limited to City, County, State, and Ted.- , ral Governments or Agencies. . __ • r • .'32.i • Th* Developer rand Dedicator reserve the right, so long as it is the owner of SS% or more of the lots in the property, ' to amend, revise, or abolish any one or more of the foregoing re- strictions, and to revise the plat of such subdivision by instru • - , ment duly execute4 and acknowledged by the Developer in the Deed • Records of Tarrant County, Texas. 33. The location and design of any proposed swim®ing pool or tennis court including fencing, pumps and any other related , t, ', paraphernalia must be approved by the Architectural Control Committee , •.;,•'. in the same manner as set forth in Paragraph 1 herein. • •I SINGLE ACKNOWLEDGMENT . THE STATE O e } COUNTX OF I fiE,Om rider n a N I.r'�'.blk Ip end for said County end Slate.on this day perwoaiiy appeared s it �'• '•. I b .'iSp, rtoa whose name 4-s, subscribed to the forgoing Mstrament, sad acknowledged to P r;l. ': a �.}•needed the same for the purposes and r••aelderalba therein expressed • • ^•••• N'UNDS:R 11Y HAND AND SEAL OF OFFICE.fish the 7 day oil 4 ) A.D.If psi • o r I, %%: levees Plkus /� a • ' """t"", 4ommission Expires V�(.k-f-5 . No 7o, PAR Notary Pebik I.and fer .d t Comity.Tema. 'y as—the Woe C•tywr.t.Im+..-u.Ss• SINGLE ACI NOwLEDGMENr 4t .t ; . THE STATE OF TEXAS, y. • . cgmis or,Q�,�A - } t • ;••r1„�fft0 041**11.IIKunderdIned,a Notary Public In and for said County and State,on this day persensmy appeared • •• se •ja, • 11�I_e prfisn whose name //_. . subscribed to the fweeeing Instrument. sod .cknowkdged t. • + �'�nrtri c" 1• ttrded the same for the purpoem end coaslderetlon therein expressed. r. (kb.- • t1 rr,r ix 11S HAND AND SEAL OP OPPICE.thie the 7 day of J...a n A.D. 1f t7.J1. !Ik! ,. Mi• ommisswn ltphc, Q,c.k .o May Sal,3988 -- - _ __ __ _._—� l Notary Public In and t Comity.Taus • JI•n_r.or..op......hva,••.-.0.4•e ,t. Foss la:� 2b — .,•'•• , . RC'i3 ,-.•,,, . .,. ,;,�t • t 1 . • • • • • • • • '1 • • • • • • • • • • • • L )zfl� I S� xs_L QJ a ftc • • • • I . I / 1, • • ,g ► , ern,oft Put • """°,� �„ �ha �,; ZaraAJAs L 1101 nnr) J r • • I ' • 1i VOLYGl fia86 �AtE1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-311 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 3 SITUATED IN THE W. W. HALL SURVEY,ABSTRACT NO. 687, AND BEING APPROXIMATELY 2.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article 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 L:\CITYDOCS\ORD\CASFS\480-311.DOC Page 1 • • WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake,Texas,at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on 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, L:ICITYDOCS\ORD\CASES 480-3I I.DOC Page 2 7C-k, (60.- . 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 C L:\CITYDOCS\ORD\CASES\480-31 I.DOC Page 3 7C—17 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Tract 3 situated in the W. W. Hall Survey,Abstract No. 687, and being approximately 2.00 acres,and more fully and completely described in Exhibit "A" from"AG"Agricultural District to"SF-1A" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, ce paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified,verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety,morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses L:\CITYDOCS\ORD\CASFS41843I I.DOC Page 4 1C-lb (..., 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 L. L:\CITYDOCS\ORD\CASES1410.311.DOC Page 5 _ZG^,q 1 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. (re 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 , 1999. MAYOR ATTEST: CITY SECRETARY L L:\CITYDOCS\OR D\CASES14&1-311.DOC Page 6 20 . PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (1411V L:\CRYDOCS\ORD\CAS ESl/d0.311.DOC Page 7 x-21 (we EXHIBIT "A" "TRACT g' /vkr/T :r Being m 1.000 acre tract of land In the William M. Nall Survey, Abstract No. 68f sltwated in the City of Southlake, Tarrant County, loxes and being a portion of that certain -tract of land a� described in deed to John N. Stevenson as recorded in Volume 2203, rage 349 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BfGiNNING at a 1/2" iron pin found at the northeast corner of lot 14A. block 6 of Diamoond Circle Estates, en addition to the City of Suuthlskv as recorded In Volume 300-192, Page 35 of the Plat Records of Tarrant County, Texas and being in the south right-ot- way linu of Emerald Boulevard-ISO' Right-Of-May): THENCE S 69'10'29" E along said south right-of-way line 176.06 feet Lu a 1/2" iron on sit; THENCE S 00'49'34" W, 246.60 feet to • 1/2" iron pin pet; THENCE N 69'10'29" W. 175.4E feet to a 1/2- iron pin set lnAM east line of Lot 148 of said Olemsond Circle Estates, - an aodi ion to the City of Southlake, Tarrant County. Texas as, recorde� in volume 386-182. Pape 35 of the Plat Record& of Tarrant County. Texas; THENCE N 00'64'36" E along said east line 240.60 feet to,tne POINT OF BEGINNING and Containing 43.660 •Quere feet or 1.000 (Nee &Crea of land, "TRACT C" Ne r4A47 Being a 1.000 acre tract Of land In the Williasm M. Nall Survey. CCounty. Tct exacO. 687 andabeingeea Portion of in the /that' Cer pf tainhtract of lend As (i ''r ,t'od in limed so Jnhn N. Stevanann se retordod in !•u)u:,:: 2203, Peye 349 of the Deed Records of Tarrant County, Texas ynd being more particularly described se follows: BEGINNING at a 1/2" iron pin found at •the northwest corner of apt 6. Block 3 of Diamond Circle Estates, an addition to the City of Volume Southlake a• recorded in 3011-ill. Page 09 of the Plat Records of Tarrant County. Texas and Sling in the south right-of- way line of Emerald Boulevard (S0' Right-Of-IMiy1; THENCE S UO'49'34" M along the:ifest line of said Lot 6 a dictanC* of 248.66 feet to a corner from which a 1/2" iron pin let bears'N 80'1o'29" w, 0.30 feet; THENCE N 69'10'29" M. 176.24 feet to • i/2" iron pin set: THENCE.N 0O'49'34" E. 245.60 feet to • 1/2" iron pin set in the south right-of-wey line of Ea,rald Boulevard; THENCE S a9"10'29•• E along said south right-of-way line 176.?4 feet to the POINT Of 8EGIN1EN0 and containing 43.600 aware feet or 1.000 acres of land. (par, L:1C ITYDOCSiORD\CAS ES4t80-311.DOC Page 8 7�-22 City of Southlake, Texas MEMORANDUM • May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator Stefanie E. Wagoner, Comprehensive Planner SUBJECT: Ordinance No. 480-FF, 2°a Reading, Providing for Changes for the Processing of Applications, and Amending the Zoning Ordinance, No. 480, as amended Action Requested: City Council consideration on the second reading of Ordinance No. 480-FF. Background Information: Item requested by Councilmember Martin. This item is before the City Council to revise Zoning Ordinance No. 480, as amended, by amending the administrative processing of applications for approval of Concept Plans, Development Plans, and Site Plans. One observation that may explain the need for this change is the evolution of the type of development applications submitted to the City. Historically, the greatest percentage of applications were residential subdivisions done by a relatively small group of developers and consultants. They became fairly competent at complying with the ordinances because of their frequency of involvement. In the past couple years we have seen a dramatic shift from residential applications to non-residential applications. With this type of application, the developers and consultants frequently are new to Southlake and they typically only do one or two projects in the City. By the time they learn the codes, they no longer have projects in the City. Staff spends considerably more time bringing this new group up to speed on the requirements than in the past. As well, the regulations have grown more complex in recent years, requiring longer for the developers and consultants to gain a full understanding of the ordinances. Financial Considerations: None Citizen Input/ Board Review: Planning and Zoning Commission held a Public Hearing on this item on March 4, 1999 and approved the item (6-0) per the following: revise the definition of "Administrative Official". • City of Southlake, Texas Curtis E. Hawk, City Manager May 14, 1999 Page 2 Legal Review: Staff has consulted with City Attorneys Wayne K. Olson and Debra • Drayovitch regarding various aspects of implementing new administrative procedures. The major point is as follows: Question: What process is required to make a change in administrative procedures? Answer: There do not appear to be any requirements in either the zoning or subdivision ordinances which mandate a particular administrative procedure. The attorneys are comfortable with just making the change as needed. Submittal policies for administrative procedures have been developed, which explain the processing of applications. The attorneys do recommend additions to both the subdivision and zoning ordinances regarding wording to enhance the validity of these policies. This wording has been incorporated into the attached Draft#2 of Ordinance No. 480-FF. Alternatives: We have evaluated many alternative processes for review of development submittals. There are several fixed factors which limit the alternatives (meeting dates, legal notice requirements, owner notifications requirements, etc.). The attached flowchart is the best functional alternative that we have been able to develop. We would be glad to attempt to develop other alternatives should the Council have specific recommendations. Supporting Documents: Attached you will find the following information: • Graphic flowchart: A graphic representation of the administrative procedures as recommended herein. • Submittal Policies for Development Case Processing: A written guideline explaining the processing of applications. Council Action: May 4, 1999,Approved(5-0), 1'reading on consent. Staff Recommendation: Place Ordinance No. 480-FF, amending the processing of zoning applications, on Council's May 18, 1999 agenda. • Approved for Submittal to City Council: City Manager's O L:\CITYDOCS\ORD\DRAFIIZONING\480FFMEM3.DOC 7 J a--- Submittal Policies for Development Case Processing* 1. Applications that are "willfully lacking" in compliance (i.e. minimal effort has been given to submitting an acceptable application) will be sent back to applicant with only a submittal checklist and highlighted areas that appear to be missing. A review will not be generated until a good-faith submittal has been turned in. 2. There will be a two-tiered queue for the submittals. There will be a queue for the Development Review Committee (DRC)meeting as well as a queue for the Planning and Zoning Commission meeting. Applications will be processed in the order received and within a reasonable time. 3. Staff will notify an applicant whose application does not receive a clean review that he has one chance to resubmit a revised application which complies with the ordinances (with the exception of variances requested by applicant). Except for plat applications, if the application fails to meet the requirements with the revised submittal, it will lose its place in the DRC queue and will fall to the bottom of the queue. 4. If resubmittals are required per the Planning and Zoning Commission prior to the City (kor, Council consideration, the application would not be scheduled for the next Council meeting,but rather skip a Council meeting to allow for a DRC review of the resubmittal. 5. Operational definition of a "clean" review is as follows: a submittal with no more than three minor non-variance review comments. Minor comments would be items such as labeling, spelling, or other items deemed to be minor by the Administrative Official. Review comments qualify as "variance" comments if the issues are significant in nature and could not be addressed without significantly changing the application as submitted. 6. An applicant formally submitting a plat concurrently with a rezoning request may wish to request tabling of the plat prior to the City Council meeting if the rezoning item is required to resubmit revisions to DRC ("No plat within the corporate limits of the City shall be approved until the proper zoning embracing such plat has been approved and duly adopted by the City" - Ord.No. 483, as amended, § 4.01.C). 7. When the City determines that an application for a non-residential development will result.in significant sales tax or ad valorem tax revenue, or other significant economic benefit, the City may process the application on a fast-track basis, without requiring a pre-submittal review. L 7 ,D-3 L:\COMDEV\WP-FILES\PROJECTS\PROCESS\1999\POLICY\POLICY3.DOC 04/30/99 Page 1 of 2 L. 8. Submittals must be in accordance with the following requirements: a .•`, ITEM REQUIRED IF NOTED i 1 `t 1 ra'c mpact Ana ysis copies or es o a "or •eet re ease orm (attached to application)signed by the City Engineer or Comprehensive Planner II prior to submittal of application. I 1 v 1 1 Preliminary Water, Sewer and Drainage Plans (12 copies) prepared, sealed, signed, and dated by a certified engineer. Requirement may be waived only by the City Engineer or the Planning Director prior to submittal of application I 1 • e zminary •rainage to•y copies prepare., sea e• signe• an. ..to• •y a certified engineer. Requirement may be waived only by the City Engineer or the Planning Director prior to submittal of application i I Complete & rected Water and Sewer Plans copies) prepared, se , signed, and dated by a certified engineer. Requirement(12 may be waived onlyaled by the City Engineer prior to submittal of application 1 i t , , ree urvey copies m comp ance wi . ree ' eservation • . .. .ce `o. .t . .'a, 585-A I -- 1 :. I `s I I Blueprints of all plans, folded 6" x 9" (12 copies of each plan for pre- submittal, 27 copies of each plan for formal submittal) and reduction of all plans at 11"x 17"(1 copy of each plan for pre-submittal, 1 copy of each plan i for formal submittal) i ;- / E 1 , / / • c ear an• egz. e metes an. •oun a .escnphon o •e property type• m :- s x 11"or 14"format(1 copy) ent survey o property, s owing property mes an. ocation o existmg improvements,in 11"x 17"format(1 copy) 1 1 °, , ;1 opies o written •ocuments, me u• •g .ut not unite. to a written narrative ■ 4 describing the use,operation,etc.(1 copy) L : L fi�rr/ fi�rr/ fir/ •pp'cation sign• •y •pp scant, •wner an Jor •u .onze• •gent fi. Vy3� fi �fi... H fi 1 I: f . signean.to application) vs1 >�i If 1 1 ui•e Ines or 'osting 'u. is 'earing zgns signet ay •pp cant, •wner or Authorized Agent(attached to application) / ..g / r�r/1 f 4E�r4E�r / 'ayment m .e amount as a etennme. •y se most recent y a.opte• ee sc•e•u e CP - Concept Plan; SP - Site Plan; NRPUD - Non-Residential Planned Unit Development; RPUD - Residential Planned Unit Development;Z-Zoning;PP-Preliminary Plat;FP-Final Plat;PS-Plat Showing;PR-Plat Revision;AP-Amended Plat *These policies may be changed periodically by the Administrative Official to effectively and efficiently administer development case processing. L L:\COMDEV\WP-FILES\PROIECTS\PROCESS\1999\POLICY\POLICY3.DOC 0480/99 Page 2 of 2 Revised Submittal Process Week 1 Pre-submittal ol Resubmit per DRC Column A I Column D 1 Yes Yes DRC f Week 2 DRC for review (adds weeks) or review (adds 2 weeks) Column B I Column ENo Week 3 Formal submittal No Column G Legal notification Week 4 4' Owner notifications Week 5 P8Z packet Week 6 P8Z meeting Column H .4441000. Yes T (rikeek 7 No Resubmit per P8Z Column I Council packet Week 8 City Council meeting • DRC for review Column M Column J Yes No, Week 9 Resubmit per Council * Response to review Column I Council packet Column L • I Coundipadket • Week 10 DRC for review City Council meeting City Council meeting Column J Column M Column M .1114i90110110. Y1311..ir • Response to review No Week 11 • Column L ' Resubmit per Council t Council packet Column I I Councl c ket • Week 12 City Council meeting City Council meeting DRC for review Column M Column M Column J V Response to review Column L 'eek 13 4' Council packet Week 14 City Council meeting Column M Amory 28,1999 -7 LACOAADEVIWP-FILESIPROJECTSAPROCESS119990EV-CASE5.Vs0 Li • ORDINANCE NO. 480-FF AN ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR CHANGES IN ADMINISTRATIVE PROCESSING OF APPLICATIONS FOR APPROVAL OF CONCEPT PLANS, DEVELOPMENT PLANS, AND SITE PLANS; ADDING DEFINITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and (pe WHEREAS,the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS,the city council has determined that it is appropriate and in the best interests of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 to revise the procedures for processing applications; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. Section 4, "Definitions,"of Ordinance No. 480, as amended,is hereby amended by revising L, the definition for "Administrative Official"and by adding definitions for"Clean Review,""Formal Submittal,"and"Minor Revisions"thereto to read as follows: L:\CITYDOCS\ORD\DRAFT\ZONING\480FF2.DOCOC DRAFT 2-April 30,1999 Page 1 of 7 (00, ADMINISTRATIVE OFFICIAL- The official, or his designee, appointed by the City Manager to enforce and administer the terms of this Ordinance. T-individual CLEAN REVIEW-An application review which complies with the requirements of all applicable city ordinances, with the exception of requirements for which a variance is requested, if any, and a limited number of minor revisions as set forth and defined in the most current submittal policies. For purposes of administrative processing of applications, the Administrative Official may adopt procedures and policies, including the number of minor revisions permitted. FORMAL SUBMITTAL - An application which meets the requirements of all applicable city ordinances, except for those items for which a variance is sought, and is deemed by the Administrative Official to have a clean review as defined herein. MINOR REVISIONS-Items such as labeling, spelling, or other items deemed to be minor by the Administrative Official." SECTION 2. (lare Section 40, "Development Plans and Site Plans," of Ordinance No. 480, as amended, is hereby amended by revising Subsection 40.2, "Application"to read as follows: "40.2 APPLICATION/FORMAL SUBMITTAL -A written application for development plan or site plan approval shall be submitted to the Administrative Official on forms prepared by the City, together with all required documents, such as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and number as required by the most current submittal policies, and any reasonable information requested by the Administrative Official to assist the City in its review of the application. • • .Any site plan or development plan application submitted after a submittal deadline will be acted-upon processed as deceived at the next applicable submittal deadline. An application will not be advertised for public hearing nor forwarded to the Planning and Zoning Commission and the City Council for action until it meets the criteria of a formal submittal." L L:\CITYDOCSVORD\DRAFTZON1NG\48OFF2.DOCOC DRAFT 2-April 30,1999 Page 2 of 7 7 thr., SECTION 3. Section 41, "Concept Plans," of Ordinance No. 480, as amended, is hereby amended by revising Subsection 41.2,"Application"to read as follows: "41.2 APPLICATION/FORMAL SUBMITTAL -A written application for concept plan approval shall be submitted to the Administrative Official on forms prepared by the City, together with all required documents, such as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and number as required by the most current submittal policies, and any reasonable information requested by the Administrative Official to assist the City in its review of the application. The application shall be signed by the owner, lessee, developer or option holder of the property. 1 » (111110.' Any concept plan application submitted after a submittal deadline has passed will be acted--upon processed as if received at the next applicable submittal deadline. An application will not be advertised for public hearing nor forwarded to the Planning and Zoning Commission and the City Council for action until it meets the criteria of a formal submittal." SECTION 4. Section 46,"Amendments to the Zoning Ordinance,"of Ordinance No. 480, as amended,is hereby amended by revising Subsection 46.2,"Application"to read as follows: "46.2 APPLICATION/FORMAL SUBMITTAL a. Zoning Changes (no exhibit required) -An application for a change of zoning classification by a property owner shall be submitted on forms prepared by the City and shall be accompanied by the following: 1. An application form signed by the owner(s) of all property within the area of request and notary acknowledgment of all signatures. L:\CrrYDOCS\ORIADRAFTIZON1NGW8OFF2.DOCOC DRAFT 2-April 30,1999 Page 3 of 7 (61., 2. On unplatted properties, A a boundary survey shall be provided with a metes and bounds description and .with all raectivg improvements shown. This survey shall be performed by a public surveyor registered in the State of Texas. The survey must be performed Platted properties shall provide the lot, block, subdivision and phase description for each lot requesting a change of zoning. 3. . Any documents, such as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and number, as set forth in the most current submittal policies and any reasonable information requested by the Administrative Official to assist the City in its review of the application. 4. Any application submitted after a submittal deadline (limpe will be acted-upon processed as-if-received at the next applicable submittal deadline. S. An application will not be forwarded to the Planning and Zoning Commission and the City Council or advertised for any required public hearings until it meets the criteria of a formal submittal. b. Zoning Changes (requiring exhibits) -An application for a change of zoning classification by a property owner shall be accompanied by a concept plan, development plan, or site plan as required by this ordinance or any other ordinances of the City. b.c. Text Amendment - An a owner, lessee, developer or option holder of real property within the City may file an application for an amendment to the text of this ordinance. The application shall be fileddup icate submitted on forms prepared by the City and shall be accompanied by any reasonable information requested by the Administrative Official to assist the City in its review of the application. c.d. Application Fees-Every application shall be accompanied by the appropriate filing submittal fee as established by the City, L:ICITYDOCS\ORD\DRAFTIZOMNG4480FF2.DOCOC DRAFT 2-April 30,1999 Page 4 of 7 (sof and under no condition shall said fee or any part thereof be refunded for failure of such amendments to be enacted into law." . SECTION 5. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 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 anycourt of jurisdiction, such unconstitutionalityshall not affect J gm competent any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 7. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. L, 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 L:\CITYDOCSAORD\DRAFI\ZONING\480FF2.DOCOC DRAFT 2-April 30,1999 Page 5 of 7 (we hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southiake. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF (se , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. MAYOR ATTEST: (kir, CITY SECRETARY LACIIYDOCS\ORD\DRAF %ZONIN04/8OFF2.DOCOC DRAFT 2-April 30,1999 Page 6 of 7 Co' . EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L • L:\CITYDOCS\ORD\DRAFTIZONING\48OFF2.DOCOC DRAFT 2-April 30,1999 Page 7 of 7 -, N_Il. City of Southlake, Texas MEMORANDUM May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Stefanie E. Wagoner, Comprehensive Planner SUBJECT: Ordinance No. 483-H, 2°d Reading, Providing for Changes for the Processing of Plat Applications, and Amending the Subdivision Ordinance, No. 483, as amended Action Requested: City Council consideration of Ordinance No. 483-H on second reading. Background Information: Item requested by former Councilmember Scott Martin. This item is before the City Council to revise Subdivision Ordinance No. 483, as amended, by amending the processing of plat applications. One observation that may explain the need for this change is the evolution of the type of development applications submitted to the City. Historically, the greatest percentage of applications were residential subdivisions done by a relatively small group of developers and consultants. They became fairly competent at complying with the ordinances because of their frequency of involvement. In the past couple years we have seen a dramatic shift from residential applications to non-residential applications. With this type of application, the developers and consultants frequently are new to Southlake and they typically only do one or two projects in the City. By the time they learn the codes, they no longer have projects in the City. Staff spends considerably more time bringing this new group up to speed on the requirements than in the past. As well, the regulations have grown more complex in recent years, requiring longer for the developers and • consultants to gain a full understanding of the ordinances. Financial Considerations: None Citizen Input/ (16.- Board Review: Planning and Zoning Commission held a Public Hearing on this item on March 4, 1999 and approved the item (6-0) per the following: provide a definition of "Administrative Official". City of Southlake, Texas Curtis E. Hawk, City Manager May 14, 1999 Page 2 Legal Review: Staff has consulted with City Attorneys Wayne K. Olson and Debra Drayovitch regarding various aspects of implementing new administrative procedures. Some of the major points are as follows: 1. Question: Can the attorneys defend a process that requires applications be basically "clean" before formal processing? Local Government Code section 212.009(a), Approval Procedures, states: "The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed." Answer: Yes. Although there has been no Texas case law further defming the intent of the word "filed", the attorneys feel they can defend it because the City will be showing progress in the processing of the application and that "reasonable administrative delays" are acceptable (there is some federal precedent). Language has been added to this draft, per the Attorneys, addressing the applicant's right to waive the pre-submittal review. The application will be forwarded to the Planning and Zoning Commission and the Council, as appropriate. However, the application may be denied if it does not meet the requirements of a clean review. 2. Question: What process is required to make a change in administrative procedures? Answer: There do not appear to be any requirements in either the zoning or subdivision ordinances which mandate a particular administrative procedure. The attorneys are comfortable with just making the change as needed. Submittal policies for administrative procedures have been developed, which explain the processing of applications. The attorneys do recommend additions to both the subdivision and zoning ordinances regarding wording to enhance the validity of these policies. This wording has been incorporated into the attached Draft # 2 of Ordinance No. 483-H. Alternatives: We have evaluated many alternative processes for review of development submittals. There are several fixed factors which limit the alternatives (meeting dates, legal notice requirements, owner notifications requirements, etc.). The attached flowchart is the best functional alternative that we have been able to develop. We would be glad to attempt to develop other alternatives should the Council have specific recommendations. L City of Southlake, Texas Curtis E. Hawk, City Manager May 14, 1999 Page 3 Supporting Documents: Attached you will find the following information: • Graphic flowchart: A graphic representation of the administrative procedures as recommended herein. • Submittal Policies for Development Case Processing: A written guideline explaining the processing of applications. Council Action: May 4, 1999; Approved (5-0), 1" Reading on consent. Staff Recommendation: Place Ordinance No. 483-H, amending the processing of plat applications, on Council's May 18, 1999 agenda. Approved for Submittal to City Council: ogai City M. , 477 • L:\CITYDOCS\ORD\DRAFIISUBDIV\483-H\CC-MEMO2.DOC Submittal Policies for Development Case Processing* 1. Applications that are "willfully lacking" in compliance (i.e. minimal effort has been given to submitting an acceptable application) will be sent back to applicant with only a submittal checklist and highlighted areas that appear to be missing. A review will not be generated until a good-faith submittal has been turned in. 2. There will be a two-tiered queue for the submittals. There will be a queue for the Development Review Committee (DRC) meeting as well as a queue for the Planning and Zoning Commission meeting. Applications will be processed in the order received and within a reasonable time. 3. Staff will notify an applicant whose application does not receive a clean review that he has one chance to resubmit a revised application which complies with the ordinances (with the exception of variances requested by applicant). Except for plat applications, if the application fails to meet the requirements with the revised submittal, it will lose its place in the DRC queue and will fall to the bottom of the queue. 4. If resubmittals are required per the Planning and Zoning Commission prior to the City Council consideration, the application would not be scheduled for the next Council meeting,but rather skip a Council meeting to allow for a DRC review of the resubmittal. 5. Operational definition of a "clean" review is as follows: a submittal with no more than three minor non-variance review comments. Minor comments would be items such as labeling, spelling, or other items deemed to be minor by the Administrative Official. Review comments qualify as "variance" comments if the issues are significant in nature and could not be addressed without significantly changing the application as submitted. 6. An applicant formally submitting a plat concurrently with a rezoning request may wish to request tabling of the plat prior to the City Council meeting if the rezoning item is required to resubmit revisions to DRC ("No plat within the corporate limits of the City shall be approved until the proper zoning embracing such plat has been approved and duly adopted by the City" - Ord.No. 483, as amended, § 4.O1.C). 7. When the City determines that an application for a non-residential development will result in significant sales tax or ad valorem tax revenue, or other significant economic benefit, the City may process the application on a fast-track basis, without requiring a pre-submittal review. L L:\COMDEV\WP-FILES\PROJECTS\PROCESS\I 999\POLICY\POLICY3.DOC 04/30/99 Page 1 of 2 kii..„ 8. Submittals must be in accordance with the following requirements: ITEM REQUIRED W NOTED .E 1 1 ra'c mpact •na ysis copies or . es.o . "or .eet re ease orm i (attached to application)signed by the City Engineer or Comprehensive Planner II prior to submittal of application. {II ' , T'4 1 Preliminary Water, Sewer and Drainage Plans (12 copies) prepared, sealed, signed, and dated by a certified engineer. Requirement may be waived only by L j the City Engineer or the Planning Director prior to submittal of application x %E ` - 1' 're immary Irainage to ry copies prepare., sea e• signe• an. ..te. •y I a certified engineer. Requirement may be waived only by the City Engineer or the Planning Director prior to submittal of application 1. Complete & Corrected Water and Sewer Plans (12 copies) prepared, sealed, I I signed, and dated by a certified engineer. Requirement may be waived only by the City Engineer prior to submittal of application g ;tip ree urvey copies incomp lance wi . ree 'reservation • .mance `o. i 1 1- I 585-A I, " 4 ,% 1 -Af, I .�� 1 , Blueprints of all plans, folded 6" x 9" (12 copies of each plan for pre- , submittal, 27 copies of each plan for formal submittal) and reduction of all plans at 11"x 17"(1 copy of each plan for pre-submittal, 1 copy of each plan for formal submittal) I,-Tit -11 1 • c ear an• egi. e metes an. .oun. •escnption o .e property type. in :- 1, . x 11"or 14"format(1 copy) II, " i urrent survey o property, s.owing property mes an. ocation o existing a improvements,in 11"x 17"format(1 copy) 11 : I °� 1 `„ 1 ,, 1 opies o written •ocuments, me us mg .ut not mute• to a written narrative � 1� �i ;� describing the use,operation,etc.(1 copy) lei NE ^;-�; E E ":4 •pp'cation signet •y •pp scant, •wner an•►or •u .onze. • gent Kr 'roperty • ner •c ow e•gment sig • an. notanze• .y a owners attac•e• EL I� � , n r ', , to application) 114 -1711"1 , Woe Ines or 'osting 'u. is 'earing Igns sign. .y •pp scant, •wner or vgA E• Authorized Agent(attached to application) , . ., fir/ 4 11 '4E 4 / / 'ayment m .e amount as •etermme• •y .e most recent y a.opte• ee sc.e•u e CP - Concept Plan; SP - Site Plan;NRPUD - Non-Residential Planned Unit Development; RPUD - Residential Planned Unit Development;Z-Zoning;PP-Preliminary Plat;FP-Final Plat;PS-Plat Showing;PR-Plat Revision;AP-Amended Plat *These policies may be changed periodically by the Administrative Official to effectively and efficiently administer development case processing. L L:\COMDEV\WP-FILES\PROJECTS\PROCESS\1999\POLICY\POLICY3.DOC 04/30/99 Page 2 of 2 Revised Submittal Process Mil Pre-submittal Column A I • Resubmit per DRC Column D I I Yes DRC for review Yes DRC for review Week 2 Column B (adds 2 weeks) Column E (adds 2 weeks) el:!a I I No Week 3 Formal submittal , No Column G * Legal notification Week 4 if Owner notifications V Week 5 P&Z packet Week 6 P&Z meeting Column H .404100.0.. Yes V No leek 7 t Resubmit per P&Z Column I Council packet Week 8 City Council meeting • DRC for review Column M Column J Yes V . Week 9 Resubmit per Council *o Response to review Column I Council packet Column L V Councipadcet Week 10 DRC for review City Council meeting City Council meeting Column J Column M Column M -4001i914110- Yes V Week 11 Response to review No Column L Council packet Column Resubmit I Council pac ket Week 12 City Council meeting City Council meeting DRC for review Column M Column M Column J Response to review Column L I'`/eek 13 4' Council packet 0103 City Council meeting Column M Jarsnry 28,1999 r? C LACOMDEVIWP-FILESIPROJECTSIPROCESS 19991DEV-CASE5.VSD ORDINANCE NO. 483 H 3 AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING 4 ORDINANCE NO.483,THE SUBDIVISION ORDINANCE,AS AMENDED; 5 PROVIDING FOR ADMINISTRATIVE CHANGES RELATING TO THE 6 PROCESSING OF PLATS;PROVIDING THAT THIS ORDINANCE SHALL 7 BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A 8 SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN 9 PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL 10 NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter 13 adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 14 9 of the Local Government Code; and 15 WHEREAS, the City has adopted Ordinance No. 483 as the Subdivision Ordinance, as 16 amended, for the City; and 17 WHEREAS, numerous applications for approval of plats have been presented to the Iii•r8 Planning and Zoning Commission and to the City Council which do not comply with the 19 requirements of the City's Subdivision Ordinance; and 20 WHEREAS, the City Council finds that the regulations set forth below will facilitate a 21 processing system for plat applications which do not comply with the Subdivision Ordinance before 22 appearing before the Planning and Zoning Commission and the City Council thereby providing a 23 more efficient processing system; and 24 WHEREAS, the Planning and Zoning Commission has conducted a public hearing 25 regarding the proposed revisions and has recommended adoption of the same; and 26 WHEREAS,the City Council has determined that it is appropriate and in the best interest 27 of the City to amend Ordinance No. 483, as amended, as provided herein; and L-1 WHEREAS, the City Council has held public hearings with respect to the amendment of 29 the Subdivision Ordinance as required by law; L:\CTYDOCS\ORD\DRAFT\SUBDIV\483-H\DRAFT2.DOC DRAFT 2-APRIL 30, 1999 Page 1 of 8 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF SOUTHLAKE: 3 4 SECTION 1. Section 1.04 of Ordinance No. 483,as amended,is amended by adding the following 5 definitions: 6 ADMINISTRATIVE OFFICIAL: The official, or his designee, appointed by the City 7 Manager to enforce and administer the terms of this Ordinance. 8 9 CLEAN REVIEW: As defined by Ordinance No. 480, as amended, the Zoning 10 Ordinance of the City of Southlake. 11 12 FORMAL SUBMITTAL: As defined by Ordinance No. 480, as amended, the Zoning 13 Ordinance of the City of Southlake. 14 15 MINOR REVISIONS: As defined by Ordinance No. 480, as amended, the Zoning 16 Ordinance of the City of Southlake. 17 18 Le SECTION 2. Paragraph A, Section 3.01 of Ordinance No. 483, as amended,is amended to read as 20 follows: 21 A. Application: 22 23 24 An 25 applicant shall submit a written application for plat approval to the Administrative 26 Official on forms prepared by the City, together with all required documents, such 27 as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and 28 number as required by the most current submittal policies, and any reasonable 29 information requested by the Administrative Official to assist the City in its review 30 of the application. The application shall be signed by the owner, applicant, or other 31 authorized agent. Any plat not meeting these requirements shall be deemed an 32 inadequate submittal and shall not be processed reviewed until all submittal 33 requirements are met. 34 35 36 SECTION 3. Paragraph D, Section 3.01 of Ordinance No. 483, as amended,is amended to read as (14.: follows: 38 L:\CrYDOC.S\ORD\DRAF1'SUBDIV\483-H\DRAFr2.DOC DRAFT 2-APRIL 30, 1999 Page 2 of 8 L12 D. on-aa Processing: he oni^ administrator o tho-ity shall be atingtl�e processingo� all plat subm•**�.tals. c •1 ;;l 3 checkt;a*a rn,,;u,,, sc edu es n,,.t duo ant,nit„tea ,,,;,, be availab a ^m 41,n 7^r,; 4 admi„is rotor A tt plans submitted to the City for e,;u,:, m t be stampe 5 recei„e tom„ 4t,n r/^�,in r, adminiaMn4^r Sny Plana to t,n tnr,rt carrinit 4 4t•,n Cit 6 ' 7 1. Presubmittal Review: Upon receipt of an application which meets submittal 8 requirements, the Administrative Official shall conduct a pre-submittal 9 review of the application within a reasonable time to determine whether the 10 application complies with applicable ordinances, generate plat review 11 comments, and notify the applicant in writing of the same. The applicant 12 shall submit a revised plat application as needed until a clean review is 13 received. A plat or other application shall be officially accepted for 14 processing on the first scheduled formal submittal deadline date after the 15 Administrative Official has determined that it meets the requirements of all 16 applicable City ordinances, except for those for which a variance is sought, 17 and has met the requirements of a clean review. The applicant may request 18 that the pre-submittal review be waived. In this event, the Administrative 19 Official shall forward the application to the Planning and Zoning 20 Commission and the Council, as appropriate. The application may be denied 21 if it does not meet the requirements of a clean review. 22 2. Submittal Policies: To effectively and efficiently administer development 4 applications review and processing, the Administrative Official may adopt 25 and enforce policies and procedures which do not conflict with or are 26 inconsistent with this Ordinance. 27 28 29 SECTION 4. Paragraph E, Section 3.01 of Ordinance No.483, as amended, is amended to read as 30 follows: 31 E. Time of Filing: ity wil establis timetable r^r+t,o ar,,,.,ofplata n,,,� ^+t,e,. 32 .,pplications,,,,,�o,.+t,is ordina Tie t etable wi nn ,� �„ corder 33 34 or applicatio No plat or ^+t,nr applicatio„ al,.,tt be ^ cull . accepte c^r ter,,,, 35 exc pt_on_n_mheduled_filing eadl'}, plat w ll of be accepted-=f^r�'1;.,g„nle � �� v e�ssww:tee s:■f�■ Q� ■SSeI 36 37 a„t,mitte A partia �t;ng shall not be con a;rta,nit n meting of recor.t onoivatin 38 . The thirty (30) day period for approval or denial of 39 a plat, as set forth in Chapter 212 of the Texas Local Government Code, shall 40 commence on the first formal submittal date an application is accepted for filing. 41 (026 44 7 -41 L:\CTYDOCS\ORD\DRAFr\SUBDIV1483-H\DRAFT2.DOC DRAFT 2-APRIL 30, 1999 Page 3 of 8 • CSECTION 5. Sub-paragraph c, Section 3.02.D.33 of Ordinance No. 483, as amended, is amended 2 to read as follows: 3 c. Traffic Impact Analysis: A Traffic Impact Analysis shall be submitted with a 4 preliminary plat application. The City Engineer or 5 Planning Director or their representatives shall have the discretion to require or 6 waive all or a portion of the requirement for the TIA upon submittal of sufficient 7 evidence that the impact threshold established in the driveway ordinance, as 8 amended, will not be reached with the submittal. 9 10 11 SECTION 6. Section 3.04 of Ordinance No. 483, as amended, is amended to read as follows: 12 A. When a tract or parcel of land has not been previously platted and recorded in the 13 County Plat Records, the subdivider may, at his option, elect to combine the 14 Preliminary and Final Plats of a subdivision and submit a "Plat Showing" 15 whenever the tract of land contains less than 10 acres and involves four or less lots 16 and is to be subdivided without change of street location or without substantial 17 effect on City services, drainage or adjacent properties. A subdivision involving 18 more than four lots or which contains 10 or more acres of land shall be considered a9 as a "Plat Showing" only when specifically approved as such by the Planning Director . All requirements of Sections 3.01 and 3.03 1 shall be satisfied for submittal. 22 23 B. A Plat Showing of four or fewer lots shall bear the name of the original survey and 24 abstract number in which said property is located as an Addition. It is subdivided 25 into numbered lots out of that survey. The Planning Director 26 shall maintain a ledger of assigned lot numbers and shall assign lot numbers in 27 orderly succession. Lot numbers shall be designated in numerical order in sequence 28 with the legal descriptions of the previously recorded plats. No block numbers will 29 appear on the plat or in the legal description. 30 31 32 SECTION 7. Paragraph A, Section 4.02 of Ordinance No. 483, as amended,is amended to read as 33 follows: 34 A. All Preliminary Plats will be accepted for review in accordance with Section 3.01.T 35 36 The Preliminary Plat accompanied by the plat review comments shall then be sent 37 to the Commission for recommendation and then the Council for final action. 18 IhNVO 1. A public hearing shall be scheduled and due notification given for the hearing to be held by the Planning and Zoning Commission. City staff will 41 provide notification on the same basis as required for changes of zoning 7 -fa L:\CTYDOCS\ORD\DRAFT\SUBDIV\483-H\DRAFT2.DOC DRAFT 2-APRIL 30. 1999 Page 4 of 8 under Chapter 211 of the Local Government Code. 3 2. After the Planning and Zoning Commission has reviewed the preliminary 4 plat and forwarded a recommendation to the City Council the Council shall 5 consider the preliminary plat and approve or disapprove it. 6 7 3. Upon approval of the Preliminary Plat by the Council, the Commission may 8 approve a Final Plat on all or a portion of the property contained in the 9 approved Preliminary Plat. 10 11 4. Upon disapproval of a Preliminary Plat, the subdivider may, at any time, 12 submit a new design for processing following the same procedure as 13 required for the original application including fee submittal. 14 15 16 SECTION 8. Paragraph A, Section 4.03 of Ordinance No. 483,as amended, is amended to read as 17 follows: 18 A. The All Final Plats will be accepted for review in accordance with Section 3.01.rplat 19 The �Q Final Plat accompanied by the plat review comments shall then be sent to the Commission for final action. Upon approval by the Commission, the } Administrative Official will obtain the signatures of the Commission Chairman and 23 Secretary and file the plat in accordance with this ordinance. 24 25 26 SECTION 9. Section 4.04 of Ordinance No. 483, as amended, is amended to read as follows: 27 A. Single-Lot Plat Showings: All single-lot Plat Showings will be accepted for review, 28 plat review comments generated and a copy of this review given to the applicant. It 29 will be the applicant's responsibility to revise the plat as needed to receive approval 30 from City Staff. Upon approval by the City Manager, the 31 Administrative Official will obtain the signatures of the Mayor and City Secretary 32 and file the plat in accordance with this ordinance. 33 34 B. Multiple-Lot Plat Showings: All multiple-lot Plat Showings will be accepted for 35 review in accordance with Section 3.01. 36 The Plat Showing accompanied by the 37 plat review comments shall then be sent to the Commission for recommendation and 38 then the Council for final action. Upon approval by the Council, the City 39 Administrative Official will obtain the signatures of the Commission Chairman and 40 Secretary, and Mayor and City Secretary and file the plat in accordance with this (hipt ordinance. 43 7X-1 L:\CTYDOCS\ORD\DRAFr\SUBDIV\483-H\DRAFT2.DOC DRAFT 2-APRIL 30, 1999 Page 5 of 8 L1 SECTION 10. Paragraph A, Section 4.05 of Ordinance No. 483, as amended, is amended to read 2 as follows: 3 A. Amended Plat: All Amended Plats will be accepted for review, plat review 4 comments generated and a copy of this review given to the applicant. It will be the 5 applicant's responsibility to revise the plat as needed to receive final approval from 6 City Staff. Upon approval,the C.ity Administrative Official will obtain the signatures 7 of the Mayor and City Secretary and file the plat in accordance with this ordinance. 8 9 10 SECTION 11. Paragraph A, Section 4.06 of Ordinance No. 483, as amended, is amended to read 11 as follows: 12 A. All Plat Revisions(Replats)will be accepted for review in accordance with Section 13 3.01. 14 applicant. A public hearing shall be scheduled and due notification given for the 15 hearing to be held by the Planning and Zoning Commission. City staff will provide 16 notification as required for replats under Chapter 212 of the Local Government Code. 17 The Plat Revision accompanied by the plat review comments shall then be sent to 18 the Commission for recommendation and then the Council for final action. Upon approval by the Council,the City Administrative Official will obtain the signatures ‘11.10 of the Mayor and City Secretary and file the plat in accordance with this ordinance. 21 22 SECTION 12. This ordinance shall be cumulative of all provisions of ordinances of the City of 23 Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the 24 provisions of such ordinances, in which event the conflicting provisions of such ordinances are 25 hereby repealed. 26 27 SECTION 13. It is the intention of the City Council that the phrases,clauses, sentences,paragraphs 28 and sections of this ordinance are severable,and if any phrase,clause, sentence,paragraph or section 29 of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of 30 competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, (16e4 clauses, sentences, paragraphs and sections of this ordinance, since the same would have been L:\CfYDOCS\ORD\DRAFIISUBDIV\483-H\DRAFr2.DOC DRAFT 2-APRIL 30, 1999 Page 6 of 8 enacted by the City Council without the incorporation in this ordinance of any such unconstitutional 2 phrase, clause, sentence,paragraph or section. 3 4 SECTION 14. The City Secretary of the City of Southlake is directed to publish the proposed 5 ordinance or its caption and penalty together with a notice setting out the time and place for a public 6 hearing thereon at least ten (10) days before the second reading of this ordinance, and if this 7 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of 8 its provisions,then the City Secretary shall additionally publish this ordinance in the official City 9 newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of 10 the Charter of the City of Southlake. 11 SECTION 15. The City Secretary of the City of Southlake is authorized to publish this ordinance 13 in book or pamphlet form for general distribution among the public, and the operative provisions of 14 this ordinance as so published shall be admissible in evidence in all courts without further proof than 15 the production thereof. 16 17 SECTION 16. This ordinance shall be in full force and effect from and after its passage and 18 publication as required by law, and it is so ordained. L ?E'l3 L:\CTYDOCS\ORD\DRAFIISUBDIVW83-H\DRAFT2.DOC DRAFT 2-APRIL 30,1999 Page 7 of 8 1 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2 , 1999. 3 4 MAYOR 5 ATTEST: 6 7 CITY SECRETARY 8 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 9 , 1999. 10 11 MAYOR (. 2 ATTEST: 13 14 CITY SECRETARY 15 16 EFFECTIVE: 17 APPROVED AS TO FORM AND LEGALITY: 18 19 City Attorney L L:\CTYDOCS\ORD\DRAFT\SUBDIV\483-H\DRAFT2.DOC DRAFT 2-APRIL 30, 1999 Page 8 of 8 • City of Southlake, Texas STAFF REPORT May 14, 1999 • CASE NO: ZA 99-018 PROJECT: Site Plan/Dr.John Michael Tate's office STAFF CONTACT: Dennis Killough, Senior Planner,481-5581,ext. 787 REQUESTED ACTION: Site Plan for Dr. John Michael Tate's office on property legally described as Lot 26R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake,Tarrant County,Texas,according to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County,Texas, and being approximately 1.35 acres. PURPOSE: Acquire a building permit for the relocation of driveways and replacement of parking removed by the construction of Gateway Drive (Gateway Plaza Project). LOCATION: On the south side of State Highway 114 approximately 400'northwest of the intersection of East Southlake Boulevard (F.M. 1709) and State Highway 114. OWNER: Dr. John Michael Tate APPLICANT: WRA Architects CURRENT ZONING: "0-1" Office District LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Five (5) RESPONSES: One (1)response was received from within the 200' notification area: • Terry L. Wilkinson, Southlake Properties, Inc., 751 E. Southlake Boulevard, Suite 130, Southlake, TX in favor. (Received April 5, 1999.) P&Z ACTION: April 8, 1999; Approved(5-0)at the applicant's request to table to the May 6, 1999, Planning and Zoning Commission meeting. May 6, 1999;Approved(6-0) subject to Site Plan Review Summary No. 3, dated April 30, 1999 deleting Items#1(requiring dumpster to be relocated behind the building—out of bufferyard) to allow as 1c. • City of Southlake, Texas shown, #2 (no parking in bufferyard) to allow as shown, #3a (minimum driveway spacings)to allow driveways as shown), and #3b(minimum stacking depths)to allow as shown,and requiring the landscaping to be in accordance with the landscape plan presented at P&Z. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated May 14, 1999. L:\COMDEV\WP-FILES\MEMO\99CASES\99-018SP.doc (Mr' • '1F•2 R 2W �AC '}emi t& n rr r s s f� SIC 1"1p RSR no R� R5C �Ir"TT r�1 gg R2B °� iI ;, ;, 99Tx 23 R5131 ill : .r re R Ilit. .n. ono toll IC . R 1� 513 Q,�' 4� � � �,p _�lS R39ligir _ �.. , 14101 AC I aosTR 5141c 11;6:.-1 z1;;;;Eappacip nm ni ,_. .1,\,,•.:1111., uk.- i, .41.. 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I / I�i1 11, `��� ,�li, 1 + / /'A '14 t - . ' JOHN MICHAEL TATE, D.D.S. ` '•ram STEVEN S. BASER, D.D.S. ii.: C ? 9Jr 3101 E. Northwest Parkway, Suite A 1;2`' le17 Southlake,Texas 76092 817/481-6364 • April 14, 1999 Planning & Zoning Commission City of Southlake 667 North Carroll Avenue Southlake, TX 76092 RE: Site Plan ZA99-018 Dear Sirs: Thank you for your previous counsel concerning our parking dilemma at Oak Knoll Professional Building. Per our hearing with the Planning and Zoning Commission on April 8, 1999 -the main concern was the north parking and dumpster site and the encroachment within the bufferyard. -We presently havetwo parking spaces, one of which is within the bufferyard, at the north east front corner ofthe building. These spaceswould - be converted to driveway access to the proposed five new parking spaces and dumpster site. We were asked to see if these five spaces could be reconfiguredto four spaces and 411 moved out of the bufferyard. I asked Keith Martin to come- - and see our di l emm, and he agreed that we woul d_ 1 ose -two large - oak trees and several smaller ones. if we. reconfigured to four spaces, plus the grade gets much more steep. The choice becomes one of oak trees or grass . The encroachment within the bufferyard would cause the loss of approximately 432 sq. ft . of grass . Moving the parking lot out of the bufferyard would cause the loss of two 16" -oaks, one 24" oak, and several smaller trees, some of which are also oak. We have already increased our west bufferyard : - above the required space by approximately 1 ,050-sq. : ft. '"and the south east corner bufferyard by approximately :1360:_.sq. ft . - _. . Please find -enclosed a landscape .proposal. which would also enhance the north east corner and south east corner. I ``- propose that our initial site plan is still the best and request your favorable response. Sincerely, J. Michael Tate, D.D. S . 410 . . . • REM) APR- 1- 1999,. ... - •ST fir-I A • ` - JOHN MICHAEL TATE, D.D.S. :LiPli STEVEN S. BABER, D.D.S. �3F 3101 E. Northwest Parkway, Suite A Southlake,Texas 76092 817/481-6364 • March 24, 1999 Planning & Zoning Commission City of Southlake 667 North Carroll Avenue Southlake , TX 76092 ' RE: Site . Plan Dr. J. Michael Tate Office Site City of Southlake - Case No: ZA 99-018 . Dear Sirs : Please find enclosed the revised site plan for Oak Knoll Professional Building. As you are aware, this revision is necessary to accommodate Gateway Development . We were not made aware of the full impact of this development on our :.-- 411 present parking until January , 1999 . Construction on Oak Knoll Professional Building was begun in 1985 and occupied in Feb 1986 . Total square footage of the building is approximately 6800 sq ft . Our parking at this time is served by 27 all -weather parking spaces on lot 26R and 20 spaces on the gravel parking lot on lot 31R. With the loss of all 20 spaces on lot 31R for Gateway Drive right-of- way , the additional loss of 13 parking spaces on lot 26R severely compromises the integrity of Oak Knoll Professional Building. Oak Knoll Professional Building represents my _ "bread and butter" . Not only do I have an obligation to my family, but to my patients , staff , .and tenants to maintain the functional integrity of this building. As the site plan 'details , we 'are requesting 19 parking spaces to the west of the building with a connecting pedestrian • bridge across the drainage area. This west parking lot cannot be constructed until Gateway Drive is completed and our 'building is connected to city sewer (our present septic field occupies this area) . This is why adding five spaces at the north end of the building is so important . When the • construction of Gateway Drive begins , we could be down to ' eleven parking spaces . If the five north parking spaces could be completed before the construction is begun, we would not have to have as many staffparking off site. Temporary _ 411 parking directly across Gateway Drive will be necessary until the west parking lot and pedestrian bridge are completed. As • you can see, this project will definitely create an inconvenience and hardship for our building use . Fin • Another issue of concern during this transition is safety . Maintaining the two-way status of the service road in front of the building is essential until Gateway Drive is complete and the appropriate curb cuts are in place. Water , electric, gas and telephone service are also a concern during the transition. Our present water meter is in the Oak Knoll Addition were it appears an parking lot will be someday . In conclusion, I am aware the five parking spaces and the dumpster site we are requesting to be added at the north end of the building are within the buffer-.yard. The . location of these five parking spaces within the buffer yard is necessary because of the contour of the land, the location of the present aerobic septic plant , and the necessity of not being down to eleven parkingspaces in the front of the building during the construction of Gateway Drive. I most respectfully request the following exceptions on the above referenced project : 1 . Dumpster Location, DRC Comment 1 : allow the dumpster (hre with brick masonry screen matching my existing building to be positioned where shown on the Site Plan 2 . North Parking Lot Location, DRC Comment 2 : allow new north parking lot to extend into required bufferyards . 3 . Driveway to S .H. 114 and Gateway Drive , DRC Comment 3a: allow location of driveways where shown . 4 . Existing Driveway Stacking Depth/S .H . 114 , D:?C Comment 3b: allow stacking depth shown on Site Plan . Additionally, regarding •DRC Comment 3b, about the need for a 28 foot deep stacking depth at the West Gateway 'Drive. It is our - interpretation of the governing ordinance that no stacking. depth is required for parking lots that contain less than 20 spaces . We request . a review of the requirement . Thank you for your help. Please remember , I am a dentist that loves what I do . I am not a developer . I need your guidance and assistance in making this project work for all parties involved. Sincerely, J . Michael Tate, D. D. S . • It'-S • { City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-018 Revised Review No: Three Date of Review: 5/14/99 • Project Name: Site Plan-Dr. John Tate Office Site,Lot 5,Block 2,Gateway Plaza Addition • APPLICANT: ARCHITECT: Dr. J. Michael Tate WRA Architects,Inc. 3103 East Northwest Parkway 7557 Rambler Road Southlake,Texas 76092 Dallas,Texas 75231 Phone: (817)481-6364 Phone: (214)750-0077 Fax: (817)329-2296 Attn.Dr.Tate Fax: (214) 750-5931 Attn.Michael Skaistis CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 428/99 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 LISA SUDBURY AT(817)481-5581,EXT.862. The reconfiguration and new construction of the parking areas on this property requires the processing and approval of a site plan,prior to the issuance of a building permit.No concept or site plans have been processed previously on this site. Currently there are several nonconforming aspects of the existing development and building,however,the proposed development does not require the applicant to bring any existing conditions into conformance with current ordinances. "Landscape%wiPlan", sheet L1 attempting to address the Commission's concerns The applicant submitted a ,atte p g regarding visibility of the parking and dumpster located in the bufferyard along S. H. 114.No new review was generated. General Development Standards Applies Comments Corridor Overlay Regulations Y Existing development,compliance is not required. Residential Adjacency N NA Building Articulation Y Existing building,compliance is not required. Masonry Standards Y Existing building,compliance is not required. Impervious Coverage Y Complies(does not exceed 65%allowed) Bufferyards Y Existing development,compliance is not required. Interior Landscape Y See informational comments. Driveways Y See Comment No.3 1. Relocate the dumpster behind the office building and outside of the required bufferyard. This plan shows the dumpster in front of the principal structure and in the required bufferyard.NOTE: Ordinance 480, Section 43.92.d. Trash and recycling receptacles shall be located outside bufferyards and to the side or rear of the principal building. Ordinance 480, Section 42.10-In no event shall the following uses be permitted in a bufferyard:trash dumpsters. (P& ZAction 5/8/99:Allow dumpster as shown.) `IF-CI 1 City of Southlake, Texas 2. Relocate the parking outside of the required bufferyards. This plan proposes new parking areas as well as existing areas in the bufferyards.NOTE: Ordinance 480, Section 42.10-In no event shall 1/4.01 the following uses be permitted in a bufferyard: parking facilities. (P&Z Action 5/8/99:Allow parking as shown.) • 3. The following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum driveway spacings. Driveway Req'd Prop'd Deficiency Spacing Spacing East driveway accessing Gateway Dr. to S.H. 114 Intersection 200' 115 85' East driveway accessing Gateway Dr. to the west driveway 250' 165 85' * Driveway Ordinance No.634 requires that any existing driveway,projected to have an increase of 20%or more in the actual or proposed daily design hour volume,be brought into compliance. Since the existing traffic impact on the exiting westerly driveway accessing S.H. 114 is being reduced by a reduction in the number of parking spaces accessed from this driveway,compliance with the Driveway Ordinance is not required. (P&ZAction 5/8/99:Allow driveways as shown.) b. Show the off-site driveways in all directions from the proposed driveways. Provide the distance to the nearest right-of-way intersection,and/or centerline of off-site driveway from the nearest proposed on-site driveway in both directions. (See Gateway Plaza Site Plan) c. Label the dimensions between each proposed driveway centerline. P&ZAction: April 8, 1999;Approved(5-0)subject to Site Plan Review Summary No. 3, dated April 16, 1999, as noted above and with the following modifications: • require the landscaping to be in accordance with the plan presented at P&Z. * Parking landscape areas will be required with the new parking lot construction. No bufferyard or landscape plantings are required as part of this approval, as no new structures are proposed.The applicant has noted the bufferyard and landscape areas,reserving them for any possible future construction. * Although TXDOT favors relocating the existing easterly driveway accessing S. H. 114(Driveway which will be removed upon construction of Gateway Drive)and has consented to construct such, the driveway location still requires approval and processing, consistent with current standards,by the City of Southlake. 11.'10 City of Southlake, Texas * The building shown on this plan is existing.No elevations are required;articulation,building 'materials and roof type are not evaluated for this building. The northeast corner of the existing building protrudes into the 50'front setback. * 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 may wish to evaluate the maneuvering of vehicles in the southeastern most parking spaces. * 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. * A permit from TxDOT must be obtained prior to any curb cut along S.H. 114. * 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 cc: Dr. J.Michael Tate VIA FAX Michael Skaistis VIA FAX L:\ComDev\WP-FILES\REV\99\99018SP3revised.doc City of Southlake,Texas TREE PRESERVATION ANALYSIS • (NON-RESIDENTIAL DEVELOPMENT) • Case: 99-018 Date of Review: 3 - 18 -99 Number of Pages:. 1 Project Name: Dr.John Michael Tate's Office(Site Plan Resubmittal) OWNER: PREPARED BY: Dr.J. Michael Tate WRA Architects,Inc. 3101 East Northwest Parkway 7557 Rambler Rd. Southlake,TX 76092 Dallas,TX 75231 • Phone: (817)481-6364 Phone: (214) 750-0077 Fax: 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. The trees in close vicinity to the parking lot that are to remain must not have soil piled up against them and shall be fenced off at the outer limits of the dripline with the required construction fencing as specified in section 6.4c of the Tree Preservation Ordinance 585-A. All protective fencing shall be in place prior to commencement of any site work and remain in place until all work is completed. 2. In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2"x4" lumber encircled with wire or other means that do not damage the tree. The intent is to protect the bark of the tree against incidental contact by large construction equipment. * Grade Changes: No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator or if grading is as directed by the City's Drainage Inspector. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this property. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. 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A,L � � ZAP j�• /\ 1V 1 71 '•.. -—* \\ PRIw l /// i' /c - - • City of Southisks,Texas STAFF REPORT • May 14, 1999 • • CASE NO: ZA 99-007 PROJECT: Resolution No. 99-041 /Specific Use Permit/Outside storage of plants or other greenery/Home Depot STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Specific Use Permit for outside storage of plants or other greenery as part of a retail operation per Zoning Ordinance No. 480, Section 45.1 (29) on property legally described as Lot 4, Block 2, Village Center, Phase 2, and addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 3095 & 3096, Plat Records, Tarrant County, Texas, and being approximately 11.732 acres. A Site Plan will be considered with this request. PURPOSE: Approval of outside storage as specified under the requested action and address associated wall construction and parking reductions. LOCATION: On the west side of Village Center Drive approximately 500' north of East Southlake Boulevard (F.M. 1709). OWNER: Home Depot USA, Inc. APPLICANT: Winkelmann& Associates, Inc. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Six (6) • RESPONSES: None P&Z ACTION: February 18, 1999; Approved(7-0)to table at the applicant's request and to continue the Public Hearing to the March 4, 1999, Planning and Zoning Commission meeting. March 4, 1999; Approved(6-0)to table to the April 22, 1999, Planning and Zoning Commission meeting. April 22, 1999; Approved (4-0)applicant's request to table to the May 6, 1999, Planning and Zoning Commission meeting. May 6, 1999;Approved(4-2) subject to Specific Use Permit Revised Review No. 1, dated April 30, 1999, deleting Item#2, to allow a parking variance • IP) I City of Soutlhlake,Texas of 6.2%, understanding that all retail merchandise will be located in the store, garden center, or outside storage area as shown on the plan. The height for outside storage will not exceed 10' or be visible from State Highway 114, • whichever is more restrictive in height. The applicant must supply City Council with color scheme for the walls and caps. A maximum number of two vending machines will be allowed outside along the storefront. If propane tanks cannot legally be stored in the building or garden center then they should be moved to the rear of the building in or near the shaded outside storage area. The expiration of the Specific Use Permit is July 1, 2000. STAFF COMMENTS: Attached is Specific Use Permit Revised Review No. 1, dated April 30, 1999. With the exception of items addressed under this review, this site is subject to all conditions of the previous site plan approval. L:\COMDE V\WP-FILES\MEMO\99CASES\99-007SU.DOC • •2 i x I n \l�, e4$1C s1® 1 \ t �6F TR 2 ' n II1 C n Rare n \WI"\. V C Imo: \�5'° ' 2,v' ��.\\\\ti b r 41 t 2 31u n a1w U3A aIC aili n LIA 13 1E . Yk U4 n2►1 41C au a Rm " 1 Iaun21 n'• nac � � Sp C \\ 1Si IL R mu R p n ® 107 C Ta ' lir)-- ��v\ 0 n s I all O>6 lC 7ffi71k 211�8 en C Q!s C n 211.- SUM, il7a \\k 1 ' TR 1 Ti 21 231►c ' 8 D.sea�i` s� n x f�� NI , -1 �ft 22 n za 7 ! nlAW , nx TiSLL •' , • { { 34]A11I 421 Ti 3' . ' ig ACO OS k id I[ Ti X' ��. T.MAHA ULU IA R.EADES X Ill „ s . 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CONSULTING CIVIL ENGINEERS• SUMEYORS February 17, 1999 Ms. Lisa Sudbury City of Southlake 817/481-5581 1725 E. Southlake Blvd. 817/488-6796 (Fax) Southlake, Texas 76092 RE: Case No. ZA99-007 SUP Home Depot & Outside Storage Ms. Sudbury: This letter shall serve as Home Depot's response to staff comments regarding the above referenced request. 1 . Dimensions have been provided around the outside storage and the total area shown. 2. We count 574 spaces or a 5.75% reduction. 3. Variance note has been modified as per #2 above. 4. No reply necessary. 5. We will resubmit copies by 2/22 following P&Z Action. 6. Case No. has been incorporated as requested. 7. We would anticipate that all fees have been paid with the original Plat and Site Plan. If you have any questions, please call. Sincerely, WINKEL ANN & ASSO • TES, INC. l'.71111111. Michael D. C ark, P.E. Vice President MDC:trr cc: Emilou Barnes, HD Tommy Todd, WAI f:\work\07953\staffcmnt.Itr L 12800 Hillcrest Rd.,Suite 200 Dallas,Texas 75230 (972)490-7090 Fax(972)490-7099 • City of Southiake, Texas SPECIFIC USE PERMIT PLAN REVIEW SUMMARY Case No.: ZA 99-007 Revised Review No: One Date of Review: 4/30/99 Project Name: Specific Use Permit-For Outside Storage of Plants for Home Depot,being a portion of Lot 4,Block 2,Village Center,Phase 2 APPLICANT: ARCHITECT: Home Depot USA,Inc. Winkelman&Associates,Inc. 2800 Forest Lane 12800 Hillcrest,#200 Dallas,Texas 75234 Dallas,Texas 75230 Phone: (972)402-3800 Phone: (972)490-7090 Fax: (972)402-3871 Fax: (972)490-7099 Attn: Mike Clark CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/25/99 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 LISA SUDBURY AT(817)481-5581,EXT.862. The applicant submitted"Line of Site"and"Wall Detail"drawings attempting to address the Commission's concerns regarding the screening wall around the outside storage area.No new review was generated. This review is isolated to the cross-hatched area proposed for the outside storage of plants and related materials and the elimination of the existing parking spaces in that area.No other changes are proposed. All other aspects of this site plan comply with the previously approved plan. This area combined with the existing outside storage,previously approved,represents a total of 25%. Five percent is permitted by the ordinance. The additional 20%is part of this request. 1. Provide dimensions around the perimeter and square footage of the area being utilized for this storage. 2. With this proposed outside storage,parking spaces will be eliminated.The applicant is requesting a reduction in parking.The required parking for Home Depot is 609 spaces.This plan shows 571 spaces,a variance of 6.2%. 3. Correct the"Variance Request" note to reflect the actual number of spaces shown on the site. Staff calculated.571 spaces,a reduction of 6.2%. 4. Clarify the specific materials proposed to be located in the new area.NOTE: Ordinance 480, Section 45.1.29 - "This specific use permit is designed to permit the City Council to allow limited outdoor garden sales activity in conjunction with traditional retail operations...". Fencing materials may not be permitted within this area. This plan proposes a 10'masonry screening along the north and west perimeter of the area.The north portion screening currently exists. The south side,interior to the sight and adjacent to the existing building, shows an 8'black vinyl coated chain link fence. ry1 �L: • City of Southiake,Texas * Although not required by ordinance, staff would appreciate placing the City case number"ZA99- .007" in the lower right corner for ease of reference. * The applicant should be aware that prior to issuance of a building permit a fully corrected site plan,landscape plan,irrigation plan,and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees:Park Fee, Roadway Impact Fee,Water& Sewer Impact and Tap Fees,and related Permit Fees. * Denotes Informational Comment cc: Home Depot USA,Inc Winkelman&Associates,Inc. WSLKSV0001 WP-F1LESAREV ._ 7S1Rdoc • ".. :; " City of Southiake,Texas Case No. 99-007 Review No. One Dated: 2 -4-98 Number of Pages: 1 Project Name:Lots 3 &4.Block 2,Village Center Phase 2.Home Depot(Specific Use Permit) 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 01 - 25 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either 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. LANDSCAPE COMMENTS: 1. There are existing trees in the area of the west proposed 10' masonry wall. Although they are not located directly whwere the wall is proposed,they are within five feet(5'),between the wall and the property line or barbed wire fence. 2. A minimum of 50%of all canopy trees planted on the site are required to be 2"caliper and 50% shall be 4"in caliper. • * The applicant is proposing to plant Japanes Black Pine as one of the trees that will provide a screen along the 10' masonry screen wall. Austrian Pine would make a much better screen than Japanese Black Pine. BUILDING INSPECTIONS L:trees.drc-99\99-007 I. C . 6661 S g Ntlr Oa3H • '!� -a== .n..,: "d-'!-$o. t 3SVHAt '131N33 30V111A ....W " wr® • t A3O111 'Iv QNV E S1O1 `17=1'1 IIMMBIS U1M ---,a,-„"11 10.-- l NV 1 a 311 S 11 V 13 a •r R„n.a'•••• hal NMI •i w asw M .-.-K'4 aR + k a 1 i 1 ua,..l 1 , .Ij ' i +'. • 1 vt t .K o� -- .Isj_ -az� le i i l --.�'.] �.1� a1 t ,� fi�r al ; to lai Nit t i F g3s k C i � • II °+ • r "agio !I1kV!1aIitd IA iiti "r •t .1 .o:W w >C W st !I i� ! ' I s r < Y�:_-- gd ! 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I _ ea " ,�---- GROUT k RUB SMOOTH J. - o i - ALL FORM WORK MARKS Q € et. #5 001NEL TO MATCH ►� & VOIDS PRIOR TO (ALT MKS.) .1 PAINTING WALL - GRADE #5 0 12" O.C. EACH WAY (TOP k BOTTOM) 1.10.. ........11 \\\ 1. 0 O O 0 O 0 0 0 0 0 0 \ --0, SUB GRADE CONDITIONS SHALL BE UNDISTURBED & CLEAN OF ALL DEBRIS k LOOSE MATERIAL C O_DET. - BOLLARD TOTAL P.02 "13 • W1M'NYO 1110.0.1 "."::ri• .....4":..= mu t MO SIM& 311nanoLWI MUM OK W,I�Y. DIY j•^•a�� — W U 11YI Women W M1Mq •aug Ve n> v i A wo1 uWae uwMWi 10d30 3M0M w .Y...Ai ' S ' NUMUla�ltllM arW=m MO VAN m00 ionoto 1 001133S M3N W.Ai room MN WI=MOo 111M111 IIMMO 1 MMM>•1m rsi y11[ C . 1 C CO C) I G•2 1 • Cr: I r a. a <pp d' M ►I N N 2U co l0 c0 2 to co t0 c0 z F N X W /7 • 1N3W311Vd 30 3003 ONIISIX3c/I1 \\_�\��1\L w z J Q z • LLI } W D' 0 n U 0 1- 2 N O • O • O 2 OVOS 3OV1NO2Li t— oTe 03S0d021d n z II O iI / I F= �� I U - -M.o.a - - - - - - - - • /l — N 11VM ONIN33M3S 1 IIVM ONIN332 3S ow 3ON33 xc • z ix a W • IX a W 0 V C 0 in re) el 0 N N in 0 CO CO t0 cD t0 70 %-ail Resolution No. 99-41 c, Page 1 RESOLUTION NO. 99-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPEcmp PER ? FOR OAT URAGF PLANTS OR.;. OP ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,TEXAS, BEING LEGALLY DESCRIBED AS, LOT 4, *.071,0 VILLAGE CENTER,PHASE 2,AN ADDITION TO; OF S , TAR to COUNTY . . t ; #a ^ T CO 'TEXAS, 1 s cING4"•` 'P9r 4 r Y . ACRES,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 outside..storage of plants or other1 '. i a retail operation has been requested by a person or corporation having a proprietary interest in the property zoned as "C-3" General Commercial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (29) 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: L:\ComDev\WP-FILES\RES-ORD\99-41.doc Resolution No. 99-41 Page 2 SECTION 1. A Specific Use Permit is hereby granted for outside storage,of plants or other minas part of a retail o on the property being legally described as Lot Phase 2,an additionCity of Sn ake; i`ear Co TexaslIccordibget.61tepbted in Cabinet A,Slides 3095 and 3096 Plat Records,Tarrant.County,Texas,and being approximately 11.732 acres,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 shall be applicable to the granting of this Specific Use Permit: (re 1. 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1999. CITY OF SOUTHLAKE By: Rick Stacy, Mayor A I hST: Sandra L. LeGrand City Secretary L:\COMDEV\WP-FILES\RES-ORD\99.41.DOC �(1,1 Resolution No. 99-41 Page 3 APPROVED AS TO FORM: City Attorney City of Southlake, Texas L L L:\COMDEV\W P-FIL.ES\RES-ORDX99-4 LDOC 14'17 Resolution No. 99-41 Page 4 EXHIBIT "A" Lot 4,Block 2,Village,Center,Phase 2;an addition to the City of Southlake,Tarrant County, Texas,accordingtoeplatre rd l uiCabinet A, Slides 3095&3O96,PlaC Recards,`,Tarrant County,Texas,an _ e1y 11 73 acres. L L L:\COMDEV\WP-FILES\RES-ORIA99-41.DOC 1G-18 Resolution No. 99-41 (....i Page 5 EXHIBIT "B" • 6661 s a r yr is ='•- 7-- L 3SYHd '1131N3a 30V111A SW. ....e. `ee• """•"® g )Bola '1, ONV f 5107 11 +ayaa.laNrrw N Y l d 3113 l 1 Y 13 O .-�-. ;t sF V Sir —< %� si tØg1 ??? 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Ie "i-..i • II 1: , ,r1: •-1 il i NM 11111 RI Ilan 1I::;i All i€ o •14 'I e I s / 4r • :a� , t..l:l Iw ".w r •--e. I F lif t i 1 l 43 .._.. .F- I..I I II• IIIill :�• . .`...... _III V,— 4..11 I; _ w 7 .L-YII E� O O O Q I ttl1 iit I n t� , t _ al // % , e�., 1 O am ma 1i o Olia 10 it II ! i it F Ei I fir•// ..i7 :i,:42_E : ti 9• I _gay s' 1, i' 1 1 � i. •i144; 'I - l'i: „2. .._,Lsr r - =I 3 i•ri 2 / i! �' ,��^. I __ .'/� �_. .L_7�� , ,BYO WO.I.} , � , • i} a t �� i - :1 ' l' II -, id. y II V 9i^ui71 8 'jj Yq / i Ia '3 - gJ/ , 0 , _ I I. I I iii ,1 ,` 4 - # t I. is:• q __ - •A `-; I ria „ i I -I _IL f 1. '.I N � 2 -1 %I i . J J 1 , 4_ ,t e i iiiI Ir. (aur' 1e- I '; Yi � s 34 i • LACOMDEV\WP-FILES\RES-OR1199•d 1.DOC 71,- fQ 3148214912821 ; 04/23/99 9:38; JetFax #939;PaGe : /1 Sent by: CASCO CORP r,l4G/ICG 1 ir'K-GG-177/ '110:1lb FIST-U 11HLL H� • • • PRE CAST CONCRETE . CAP W/ BEVELED ToP dab 1/2" MIN. OVER MANGE EA, SIDE DOWELL INTO TOP OF WAIL 0 4'-0" C.C. Apt ToTDp of EXIST. LA- 414 ® 12' O.c. "TEx COTE" EA. SIDE • HORIZONTAL o TEXTURE COATED o$ PAINT TO MATCH 'n BUILDING - PRCV,DE 11, PRIMER COAT PER MFG. SPECS' 'NI x x. IS 12' O.C. I VERTICAL �i T4000 PSI CONCRETE WALL C a �— GROUT ec RUB SMOOTH y i..._ -, ALL FORM WORK MARKS & vOiDS PRIOR TO z. LL g5 DOWEL TO MATCH 0, PAINTING WALL (ALT MKS.) a - GRADE #5 0 12" O.C. EACH WAY (TOP & BOTTOM) ° 0 0 0 0 0 0 0 0 0 o 'A. e'-0.. SUB GRADE CONDITIONS SHALL BE UNDISTURBED & CLEAN OF ALL DEBRIS & LOOSE MATERIAL 11DET. — BOLLARD �.o RECD ,' 2 61999 SCALE: 3/4"=1'-0'� TOTAL P•m—"' opR—, —1999 09:45 3148214912821 95% P.81 STATE HIGHWAY 114 FUTURE MAIN LANES 635 630 ml vAll 615 VIEW SECTION THROUGH DOCK AREA 610 z w m W Q w 0 w� c� 0 1 640 c� zl ~I V) xl w 635 I I I I 630 /EXISTING HIGHWAY 625 I I I I 620 615 610 REIM fig; iR 2 61999 0 W a Y U O fN F- Q 0 a W O p Y S W J F- g o= v) P U L41 to W 5 City of Southlake, Texas - MEMORANDUM iLe May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of Community Development Keith Martin, Landscape Administrator SUBJECT: Ordinance No. 544-A, 2°d Reading, Amendments to Landscape Ordinance No. 544. Action Requested: City Council approval of Ordinance No. 544-A, amending Landscape Ordinance No. 544 on second reading. Background Information: An amendment to this ordinance was requested by Councilmember Debra Edmondson and former Councilmember Scott Martin per the enclosed Project Advocacy Form (PAF). Staff has met with these Councilmembers as a work group to evaluate potential revisions. (sr Some significant revisions include the following: • Coordinate Section 3.4 (parking lot landscaping) with concurrent revisions to the commercial parking requirements. • Coordinate the ordinance with the revised "Tree Preservation Ordinance"with regards to credits, protection, irrigation, etc. • Requirements for utilizing existing tree credits. • An increase in the minimum size of plant material required at the time of planting. • The tenants responsibility to provided continued maintenance in perpetuity of all landscape and irrigation. • The elimination of credits which reduce the overall required amount of Plant material required for proposed developments. Financial Consideration: Not applicable. Citizen Input/ Board Review: The original Landscape Ordinance was adopted in January 21, 1992. Councilmember Debra Edmondson and former Councilmember Scott Martin requested a review of the Landscape Ordinance. Staff members Keith Martin and Greg Last met with Councilmembers Martin and Edmondson to discuss revisions. Authorization was requested at the kr' February 22, 1999 City Council meeting to forward the draft to P&Z for review. 7H-1 I I Curtis E. Hawk Low, May 14, 1999 Page 2 P&Z Recommendations: The Planning and Zoning Commission approved (5-1) Amendments to Landscape Ordinance 544-A on March 4, 1999, with the following changes: Page Sect. Comment/Change 11 4.2.a Change the word "may" in Line 15, back to "shall". 11 4.2 That section 4.2b be added. Existing Tree Replacement: If the existing plants that were given credit toward reducing the required plantings decline within two (2) growing seasons, the owner shall replace that plants with quality plant material equal to the amount of the declined plant. 9 3.3.e Listing techniques of Xeriscaping in the section. 10 3.6.b Agreed to leave in Section 3.6.c, Water Conservation Credits, but move it to Section 3.3, and change 10%to 5%. L." 12 6.1 Change the word "unprofessional" to "insufficient". 10 3.4.a Change the word "caliper" on Lines 10 and 11, to "DBH". 16 10.2 Change 50%back to 75% on Line 18. 16 10.2 Add the words "during the time of a normal growing season. Council Action: The City Council approved on consent (5-0) Amendments to Landscape Ordinance 544-A on April 20,1999. Councilmember Gary Fawks requested that the City of Keller and the Town of Westlake Landscape Ordinances be reviewed for possible alternative parking lot landscape requirements, landscaping adjacent to buildings and minimum tree and shrub size requirements. Legal Review: A copy of this draft was forwarded to the City Attorney's office. Their corrections and comments were forwarded to the City Landscape Administrator and have been corrected for consideration on second reading by City Council. Le Alternatives: Not applicable. 7H-2 Curtis E. Hawk May 14, 1999 Page 3 Supporting Documents: • Landscape Ordinance No. 544-A. • Project Advocacy Form (PAF) for the requested revisions to the Landscape Ordinance. • Landscape Regulations Comparison Matrix. Staff Recommendation: Place Ordinance No. 544-A, providing approval of the amendments to Landscape Ordinance 544-A on the May 18, 1999 City Council meeting agenda for second reading. GL/km (hoe Approved for Submittal to City Council: 7 I City Ma ge 's Of4e L 7H-3 City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director Public Safety SUBJECT: Landscape Ordinance I � The final copy of the landscape ordinance is ready for final approval by City Council. The City Council approved the first reading of the ordinance, with a request for staff to compare ordinances from other cities on three issues: parking lot requirements, adjacency to buildings, and minimum tree and shrub size. A matrix is attached that summarizes the comparisons of the new ordinance with the old ordinance and ordinances of other cities. The city attorney's office reviewed the ordinance and made no substantive changes. I am available for any questions or comments. (lbw BC/mwj (khow, I ! 7H-4 Loe PROJECT ADVOCACY FORM SHORT TITLE: Revisions to Landscape Ordinance TYPE OF PROJECT: Scope: New , Minor Revision XX , Major Revision Type: Ordinance XX , Master Plan Component , Project Other: REQUESTED BY: Scott Martin & Debra Edmondson, Councilmembers STAFF CONTACT: Keith Martin. Landscape Administrator. 481-5581. ext. 848 DATE OF REQUEST; 6-24-98 DATE RECEIVED: 6-25-98 BY: GL Outline problem, concern or opportunity. (Do not define solution) 1. Coordinate Section 3.4 (parking lot landscaping) with concurrent revisions to the commercial parking requirements. 2. Coordinate this ordinance with the revised "Tree Preservation Ordinance" with regards to credits, protection, irrigation, etc. (ltior Insure proper maintenance & replacement of commercial landscaping & assessment of plant material replacement standards. List any potential considerations. (Do not define solution) 1. Update listed recommended plant materials. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Revised Tree Preservation Ordinance. b. Recommended plant materials from the Texas Agricultural Extension Service. (how 7H-5 L'COMDEV\WP-F LES\PROJECTSPR1ORfr1^PROJ-REQ.FR.ML.'NDSCOI.WPD Form Date: June 25, 1998 Page 1 of 1 (Woe U SD a)a) 7 s 0 a) 2 c c N .da O O F- 7 7 co a) a) V .. O CO (� CC CC -c5 Z - Z a) �C N a a cz Oj t0/f C.-) 'O CO N J O F— O C Lu co u) U J o co 111 U c co U u) a`) (1.) . a`) c U' a`) U U0 `� O coL 0 ` (>0 C c Lll LL W X > , « c a) w w E F2 '5 a) '5 .5 5 a) coc CO } Q 0 a a } Q Q. N O Z a) a) r a) a, a. a a a cL � o Z c c a) a) a) a) a) a) a) iFs c c cn c c c c O N co S Z Z } Z Z Z Z CDC CO J Q D U LW CC CD w.0 • • ia 2 O rn L To ... m W 0a) Cl) `n Lc) N ``) co < tCL o « 0U) .cU c.) _coO CO U _c _cZ -- Q N Z Z N v Co Q a) J L A I- C U U L V U U Ch in- to C.) (-Ni co U) a) 4- -0 a) a) Q o �, c aci co « Q O w C CO JJ C 5 O� co CC CO co CII 06 - r) O m O c Y c m CO CO m L a) c a) to c r. Y a) C N a) CL n Cl.) Q J a C ` c9 a) m `o a a a co a (13 �� a. a. a) Q a) o a) "" m w a) a c a) a) v, a) o a) c a) o a a) a) N U' 8 o a L � ~ � ~ - F- v) CO ~ o a off" o 5F- o r , r' r- v- CO (/) r- c- o CO l- 1 I , I , , I I , I I I , a)C a) ` Y Y Y w o � > a) c0 c_ Vim) N a) = :+ L L O U 'a a) a a) H « « a L, Q o Y a) o a) o 2 U C� to V) 7H-6 (re LANDSCAPE ORDINANCE NO. 544 - A AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 544; REVISING AND AMENDING REGULATIONS FOR THE INSTALLATION OF LANDSCAPING IMPROVEMENTS ON NON-RESIDENTIAL CONSTRUCTION AND MULTI-FAMILY CONSTRUCTION, OTHER THAN DUPLEX USES; REVISING CERTAIN DEFINITIONS; AMENDING REQUIREMENTS FOR THE SUBMISSION OF LANDSCAPE AND IRRIGATION PLANS; REVISING REQUIREMENTS FOR LANDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR MAINTENANCE OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR MODIFICATIONS, VARIANCES, AND APPEALS FROM THIS ORDINANCE; 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 (le of the Local Government Code; and, WHEREAS, the City Council of the City of Southlake has determined that minimum landscaping requirements for non-residential and multi-family dwelling (other than duplex) uses i-s are necessary to adequately protect the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: (pi L:CITYDOCS\ORD\DRAFI\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 1 7H-7 LANDSCAPE ORDINANCE Table of Contents PAGE 1.0 PURPOSE AND INTENT 5 2.0 DEFINITIONS 2.1 General Rules 5 2.2 Definitions 6 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 3.1 General 7 a. Existing Buildings 7 b. Pad Site Developments 7 c. Expansion or Reconfiguration of Paved Areas 7 3.2 Bufferyards 7 3.3 Interior Landscape Area Requirements 7 a. Planting Requirements 8 b. Example 8 c. Locational Requirements 8 d. Xeriscape Landscaping Credits 8 e. Water Conservation Credits 9 3.4 Parking Lot Landscape Area Requirements 9 a. Existing Trees 9 b. Planting Requirements 9 c. Exemptions 9 3.5 Visibility Triangle 10 3.6 Irrigation Requirements 10 a. Water Conservation 10 4.0 EXISTING TREE PRESERVATION 4.1 General 10 4.2 Existing Tree Credits 10 a. Existing Tree Credit Calculation 10 b. Existing Tree Replacement 10 5.0 PLANT MATERIAL 5.1 Quality Standard 11 5.2 Recommended Plants 11 5.3 Size Requirements When Planted 11 a. Tree Measurement 11 b. Minimum Sizes 11 L L:CITYDOCS\ORDIDRAFTINDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 2 7H-8 (re LANDSCAPE ORDINANCE Table of Contents (continued) PAGE 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 6.1 Qualifications to Prepare Plans 11 6.2 Landscape Plan Requirements 12 6.3 Irrigation Plan Requirements 13 7.0 OTHER RELATED REQUIREMENTS 7.1 Screening (Ord. 480, Section 39) 14 7.2 Outside Storage (Ord. 480, Section 38) 14 7.3 Bufferyards (Ord. 480, Section 42) 14 8.0 IMPROVEMENTS IN PUBLIC R.O.W./EASEMENTS 8.1 General 14 8.2 Replacement Responsibilities 14 9.0 REVIEW PROCEDURES 9.1 Submittal Requirements 14 a. Application Checklist 14 (hwe b. Fees 14 9.2 Authority for Review 14 9.3 Review Process 15 10.0 MAINTENANCE 10.1 General 15 10.2 Plant Material Replacement 15 a. Deferral of Landscape Replacement 10.3 Plan Requirements 15 11.0 ENFORCEMENT 11.1 Building Permit 15 11.2 Certificate of Occupancy 16 a. Temporary Certificate of Occupancy 16 11.3 Deferral of Required Landscape Installation 16 12.0 MODIFICATIONS, VARIANCES AND APPEALS 12.1 Modifications 16 12.2 Variances and Appeals 16 13.0 VIOLATIONS 17 L, 14.0 SEVERABILITY 17 L:CITYDOCS\ORD\DRAFRLNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 3 7H-9 LANDSCAPE ORDINANCE Table of Contents (continued) PAGE 15.0 CONFLICTING ORDINANCES 17 16.0 SAVINGS CLAUSE 17 17.0 PUBLICATIONS CLAUSE 18 18.0 EFFECTIVE DATE 18 19.0 APPENDICES Appendix 'A' - Recommended Plants Appendix `B' - Required Landscape Summary Appendix 'C' - Typical Plant List Appendix `D' —Application Appendix `E' - Typical Plans (pi L.CITYDOCS\ORD\DRAFIILNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 4 7H-10 LANDSCAPE ORDINANCE 1.0 PURPOSE AND INTENT The purpose of this ordinance is to provide for the orderly and aesthetic development of the City and to promote the health, safety and general welfare of the community. It is the intent of this ordinance to achieve the following: - A balance between the need for landscape treatments and the need for commercial growth in the City. - Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these requirements. - Promote mutually beneficial improvements by utilizing incentives rather than penalties. - To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground-water recharge, storm water runoff retardation and erosion control. - Provide for the separation and buffering of incongruous uses and intensity of activities; and provide for the visual softening of building masses. - Reduce glare from paved surfaces, dust nuisances and the impact of noise. - Protect and promote the value of residential and commercial properties within the City. - Promote a positive image for the attraction of new business enterprises within the City. - Encourage the protection of healthy trees and vegetation and promote the natural ecological environmental and aesthetic qualities of the City; 2.0 DEFINITIONS 2.1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: 1. Words used in the present tense shall include the future, words used in the singular shall include the plural number and words used in the plural shall include the singular. 2. The word "shall" is mandatory and the word "may" is permissive. L CITYDOCS\ORD\DRAFI\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 5 7H-11 L 2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance. but not defined in this ordinance shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. BUFFERYARD: A bufferyard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them. BUILDING FOOTPRINT: The area of the building in contact with the ground. CALIPER: Diameter of the trunk measured one foot(1') above ground level. CANOPY TREES: A perennial woody plant, single or multiple trunk, contributing to the uppermost spreading branchy layer of a forest and may be commonly referred to as shade trees. GROUND COVER: Low growing, dense spreading plants typically planted from containers. INTERIOR LANDSCAPE AREA: The area of the lot remaining after subtracting out the area included in the required bufferyards. LANDSCAPE ADMINISTRATOR: The City Manager or his designee. LANDSCAPE ARCHITECT: A person registered as a Landscape Architect in the State of Texas pursuant to state law. LANDSCAPE AREA: An area which is covered by living grass, ground cover, or other plant materials. LAWN GRASSES: Thin bladed surface growing plants typically planted from seed, sprigs or plugs. LICENSED IRRIGATOR: A person duly licensed by the State of Texas to design and install irrigation systems. PERMEABLE PAVEMENT: A paving material that permits water penetration. R.O.W. PARKWAY: That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line. SEASONAL COLOR: Landscape areas used for annual and perennial flowers intended to maintain year-round color accents. L.CITYDOCS\ORD\DRAFIILNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 6 7H-12 fkime SHRUBS: Plants which grow vertically in a multi-branched growth pattern. UNDERSTORY/ACCENT TREES: Small evergreen or deciduous perennial woody plants which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics. 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 3.1 GENERAL: The requirements herein shall apply to all new non-residential construction and multi-family construction other than duplex uses. The requirements for landscaping shall combine the bufferyard requirements, minimum landscape areas on the interior portion of the lot, and minimum landscape areas for parking areas. a. Existing buildings: Buildings in existence on the effective date of this ordinance shall be considered legally nonconforming as it pertains to this ordinance. New construction intended to increase the square footage of the existing building by 30% or greater shall be required to meet the requirements herein. Such 30% shall be based on the original nonconforming structure in existence on the date of approval of this ordinance. Any new construction which exceeds 5,000 square feet shall be required to-meet the (hipe requirements herein. The requirements herein shall pertain only to the square footage of the proposed new construction. b. Pad site developments: Pad site developments or ground lease developments shall be required to provide landscaping in accordance with the interior landscape requirements of Section 3.3 herein. c. Expansions or Reconfiguration of Paved Areas: Any expansion or reconfiguration of paved areas shall comply with Section 3.4 herein. 3.2 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape Plan. 3.3 INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape area required on the interior of the lot (excludes bufferyards) shall be based on the square footage of the proposed buildings. The square footage of the building for the purposes of this ordinance will be the square footage of the first floor or the square footage of the largest floor, whichever is greater. The required landscape area for each zoning shall be based on the percentage (%) of (••• the floor area as determined above in accordance with the following chart. L:CITYDOCS\ORD\DRAF\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 7 7H-13 ZONING PERCENT OF FLOOR AREA MF-2, 0-1, 0-2 50% C-1, C-2, C-3, HC 50% CS, B-1 30% C-4, B-2 20% I-1, & 1-2 Building less than 10,000 S.F. 20% I-1, & 1-2 Buildings 10,000 S.F. or greater 10% All buildings in SP 1 and SP2 and buildings other than Single Family or Duplex uses within PUD or other districts shall meet the requirements of the closest zoning. category noted above. a. Planting Requirements: The following plants shall be required, at a minimum, within the required interior landscape areas at the ratio indicated. - 1 Canopy Tree per 600 square feet - 1 Understory Tree per 300 square feet - 1 Shrub per 60 square feet - Ground Cover- 10% of required area - Seasonal Color—2% of Required area b. Example: Three story office building (0-2 Zoning), each floor has 4,000 (Ibre square feet. First Floor = 4,000 Second Floor = 0 Third Floor = 0 Effective Floor area 4.000 Times 50% x .50 = Required Landscape area 2,000 sq.ft. Required Canopy Trees @ 1/600 sq. ft. = 3 Required Understory Trees @ 1/300 sq. ft. = 7 Required Shrubs @ 1/60 sq. ft. = 33 Required Ground Color area @ 10% = 200 sq. ft. Required Seasonal Color @ 2% = 40 sq. ft. c. Location 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. (hipe d. Xeriscape Landscaping Credits: The required interior landscape area may be reduced by a maximum of five percent (5%) when the applicant chooses to design the landscape with Xeriscape principles and techniques as approved by the Landscape Administrator. Examples of evaluation criteria include the L.CITYDOCS\ORD\DRAFT\LNDSCAPF[NAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 8 7H-14 • following: • Planning and design (e.g. Plant grouping by water needs.) • Proper plant selection (e.g. 50% of plants noted as drought tolerant ) • Limited grass area • Appropriate mulching techniques • Adequate maintenance schedule/policy e. Water Conservation Credits: Where flood irrigation and/or emitter/drip systems are utilized in at least 75% of all shrub beds, the required landscape area may be reduced by 5%. 3.4 PARKING LOT LANDSCAPE AREA REQUIREMENTS: The parking lot landscape area requirements shall be modified as follows based on the percentage of parking located between the building façade and the R.O.W.. Less than 25% = 13 sq. ft. per parking stall 25% - 75% = 18 sq. ft. per parking stall Greater than 75% = 23 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. a. Existing Trees: The Landscape Administrator may approve variations to the planter island requirements in order to preserve existing trees in interior parking areas. For existing trees the minimum width of the planter island shall be as follows: Tree Size Min. Island Width Min. Dist. Tree to Curb 6" - 12" DBH = 12' minimum width 4' greater than 12" DBH = 18' minimum width 8' b. Planting Requirements: All planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. c. Exemptions: Parking garages are not required to provide landscape areas interior to the parking area. L:CITYDOCS\ORD\DRAFr\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 9 7H-15 (ippe 3.5 VISIBILITY TRIANGLE: No requirements herein shall be deemed to require plantings which would conflict with the visibility triangle at the intersection of public R.O.W. as defined in the Subdivision Ordinance. Consideration should also be given to visibility at the intersection of major driveways with the public R.O.W. 3.6 IRRIGATION REQUIREMENTS: All required landscape areas shall be irrigated by an automatic irrigation system designed by a Licensed Irrigator, Landscape Architect or other professional authorized by the State to design such systems. Natural meadows of wild flowers or other native habitat shall not be required to be irrigated. a. Water Conservation: The City would like to promote the use of efficient irrigation methods and practices. Where possible in planting beds, flood irrigation, porous pipe or emitter/drip systems should be utilized. Where slopes do not allow flood systems, flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should have low precipitation rates, run for longer periods of time, and water infrequently to promote deep root growth for grasses. 4.0 EXISTING TREE PRESERVATION 4.1 GENERAL: One of the City's greatest assets is the existence of many specimen (59' quality native trees. One objective of this ordinance is the preservation of these trees while allowing quality development to take place. All new or proposed development must also comply with the City's Tree Preservation Ordinance. 4.2 EXISTING TREE CREDITS: Credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy. a. Existing Tree Credit Calculation: Existing trees which are saved in landscape areas and have at least 75% of the `Critical Root Zone' within that area shall be granted credits toward reducing the required plantings as follows: Size of Tree Saved Canopy Understory 6" - 12" DBH = 1 or 2 Greater than 12" DBH = 2 or 3 b. Existing Tree Replacement: If the existing plants that were given credit toward reducing the required plantings decline within two (2) growing seasons, the owner shall replace that plants with quality plant material equal to the amount of the declined plant. L L:CITYDOCS\ORD\DRAFTU.NDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 10 7H-16 • Le 5.0 PLANT MATERIAL 5.1 QUALITY STANDARD: All plant material shall be of No. 1 grade, free from plant disease, of typical growth for the species, have a healthy, normal root system. rounded branching pattern, and shall conform to the code of standards set forth in the current addition of the American Standard for Nursery Stock. 5.2 RECOMMENDED PLANTS: Shown in Appendix 'A' is a list of recommended plants within each plant material type. The applicant may propose plants other than those listed if the plant seems appropriate for the intended use or the applicant maintains a plant care program sufficient to properly care for the proposed plant material. The City reserves the right to approve or disapprove required plants and planting through the Landscape Administrator or City an appointed Landscape Architect, horticulturist, or other person so qualified. 5.3 SIZE REQUIREMENTS WHEN PLANTED: All plants shall equal or exceed the following measurements when planted. Plants larger than specified may be used but use of such plants shall not decrease the size requirements of other proposed plants. a. Tree measurement: Canopy and understory trees with single trunks shall be measured by caliper size one foot (1') above the ground line. Multi-Trunk (hiri trees shall be measured by the height of the tree. b. Minimum Sizes: Minimum plant size when planted shall be as follows: Plant Material Type Minimum Size Canopy Tree Single Trunk 2 1/2" caliper Multi-Trunk Clump 8 feet(height) Understory Tree 6' feet(height) Shrub* 3 gallon Groundcover 4" containers * The Landscape Administrator may approve smaller sized shrubs based on unusual growing circumstances and/or on a specific design which reflects the overall intent of this ordinance. 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 6.1 QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square feet, Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than 30,000 square feet, a Landscape Designer or Landscape Contractor, (rnme knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect. The Landscape Administrator may reject plans if deemed of insufficient quality or completeness and require that plans be prepared by a L:CITYDOCS\ORD\DRAF\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page I 1 7H-17 • Registered Landscape Architect or other qualified professional. 6.2 LANDSCAPE PLAN REQUIREMENTS: The following items shall be provided on the required landscape plan. a. Sheet size 24" x 36", or as approved. b. Acceptable scale: 1" = 10', 1" = 20' or as approved. c. North arrow, graphic and written scale in close proximity. d. Appropriate title (i.e. "Landscape Plan") e. Title block includes street address, lot and block, subdivision name, city, state, date of preparation. f. Name and address of owner. g. Name, address and phone of firm preparing plan. h. Boundary shown with dimensions. (we i. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable, etc.) j. Width and type of bufferyards labeled on all sides. k. Location, caliper size and name of all existing trees 6" caliper or more which are to be preserved. 1. Location, quantity, size and name of all proposed plant materials. m. Maintenance note provided. (Section 10.1) n. Provide standard Bufferyard and Interior Landscape Calculation Chart from Approved Site Plan. o. Visibility triangles shown. p. Landscape Architect seal signed and dated. q. Plant list shown with format similar to Appendix 'C'. r. Any berms delineated with one-foot (1') contour intervals. L:CLTYDOCS\ORD\DRAFI\LNDSCAPFMAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page l2 7H-18 6.3 IRRIGATION PLAN REQUIREMENTS: The following items shall be provided on the required irrigation plan. a. Sheet size 24" x 36", or as approved. b. Acceptable scale: 1" = 10', 1" = 20', or as approved. (Must be same as Landscape Plan) c. North arrow, graphic and written scale in close proximity. d. Appropriate title (i.e. "Irrigation Plan") e. Title block includes street address, lot and block, subdivision name, city, state, date of preparation. f. Name and address of owner. g. Name, address and phone of firm preparing plan. h. Boundary shown with dimensions. i. Location of all existing trees 6" caliper or larger which are to be saved. (hre pipes P All i es labeled as to size. k. All heads labeled as to type. (Legend is acceptable) 1. Backflow prevention labeled with type and size. m. Connection to water service shown after meter. n. Second meter(with size) shown if intended. o. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable, etc.) P. Note on plan: "All backflow installations and connections to city water lines must be permitted separately by the City inspection staff. q. Maintenance note provided. (Section 10.1) r. Plan sealed, signed and dated by qualified professional as authorized by State law. (kr' L.CITYDOCS\ORD\DRAFT\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 13 7H-19 7.0 OTHER RELATED REQUIREMENTS 7.1 SCREENING: All the requirements of the Screening section of the Zoning Ordinance (Ord. 480 as amended, Section 39) shall be met and shown on the required landscape plan. 7.2 OUTSIDE STORAGE: All the requirements of the Outside Storage section of the Zoning Ordinance (Ord. 480 as amended, Section 38) shall be met and shown on the required landscape plan. 7.3 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape Plan. 8.0 IMPROVEMENTS IN PUBLIC R.O.W. / EASEMENTS 8.1 GENERAL: A developer shall be required to provide grass and irrigation in all unpaved areas of the public R.O.W.. A maximum of ten percent (10%) of the required interior plant material may be placed within the R.O.W. parkway. Should the applicant elect to provide plantings in the public R.O.W., no plant material other than lawn grass and ground cover may be placed closer than 8' from the ultimate cross-section back-of—curb. thre 8.2 REPLACEMENT RESPONSIBILITIES: The City shall endeavor to require replacement of all landscape/irrigation improvements as a part of contracts to install public utilities within public R.O.W. and/or public easements. The City and owner shall not be responsible for replacing these improvements. In the event the City anticipates utility improvements conflicting with intended landscape/irrigation improvements, the City may require that the applicant wait to install said improvements until after the public improvements have been installed or under certain circumstances, the City may prohibit landscape improvements within the R.O.W. 9.0 REVIEW PROCEDURES 9.1 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this ordinance. a. Application Checklist: All submittals shall be accompanied by an application form and completed checklist. Landscape Plans shall be accompanied by the required Landscape Summary (Appendix 'if). b. Fees: All submittals shall be accompanied by a check payable to the City (me in the amount specified by City Council. 9.2 AUTHORITY FOR REVIEW: The Landscape Administrator shall be L:CITYDOCS\ORD\DRAFT\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 14 7H-20 responsible for the review of all plans submitted in accordance with the requirements of this ordinance. 9.3 REVIEW PROCESS: The Landscape Administrator shall review the required submittals and provide the applicant with a written summary of the review. It shall be the applicant's responsibility to revise the submittals as necessary to obtain approval. 10.0 MAINTENANCE 10.1 GENERAL: The Owner, tenant and their agent, if any, shall be jointly and severally responsible for the continued maintenance in perpetuity of all landscaping and irrigation. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter; weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All irrigation heads or lines which are broken and flow water shall be replaced/ repaired immediately to prevent the waste of water. 10.2 PLANT MATERIAL REPLACEMENT: The Owner shall be responsible for replacing all required plant material which shows dead branching over 75% or more of the normal branching pattern during the time of a normal growing season and repair of irrigation system requirements set herein in perpetuity. Plant materials which die shall be replaced with plant material of similar variety and similar initial size. Upon notification by the City of such replacements, the Owner shall have thirty (30) days to comply with these requirements. a. Deferral of Landscape Replacement: The Landscape Administrator may approve a deferral of required plant replacement in accordance with Section 11.3 herein. 10.3 PLAN REQUIREMENTS: Paragraph 10.1 above shall be shown on the Landscape Plan and the Irrigation Plan. 11.0 ENFORCEMENT 11.1 BUILDING PERMIT: No building permits for building, paving, grading or construction shall be issued until a Landscape Plan meeting the requirements of this ordinance has been approved by the Landscape Administrator. Under certain conditions such as a "Fast Track" building process for large developments, the developer and the Landscape Administrator may negotiate the submittal of a Landscape Plan at some time after the issuance of the original building permit. L.CITYDOCS\ORD\DRAFr\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 15 7H-21 Col 11.2 CERTIFICATE OF OCCUPANCY: All plantings, screening, berms or other requirements of this ordinance shall be installed prior to the issuance of a Certificate of Occupancy (C.O.). Any sod intended must be installed, hydromulch areas must be sprayed. Turf establishment is not required prior to issuance of a C.O. a. Temporary Certificate of Occupancy: In any case in which a Temporary Certificate of Occupancy (T.C.O.) is issued because of a delay of the required landscape installation, it shall be in accordance with Section 11.3 herein. 11.3 Deferral of Required Landscape Installation: In any case in which a C.O. is sought or plant replacement is required at a season of the year in which the Landscape Administrator determines that it would be impractical to install plantings as required herein, a Temporary Certificate of Occupancy (T.C.O.) or a deferral of the required plant replacement may be given for a period not to exceed six (6) months. The applicant shall be required to provide a letter of credit, or escrow deposit in an amount sufficient to cover the installation of the landscape and irrigation requirements herein, plus a 10% contingency. Such amount shall be evidenced by an itemized bid prepared by a qualified contractor. Upon the failure of the applicant to complete the installation requirements, the City shall have the (re right to draw upon the letter of credit or escrow deposit to complete the installation of the requirements herein. Any funds in excess of those required to complete the installation shall be retained by the City to offset administrative costs. 12.0 MODIFICATIONS, VARIANCES AND APPEALS 12.1 MODIFICATIONS: Whenever there are practical difficulties involved in complying with the provisions of this ordinance, the Landscape Administrator may grant modifications in individual cases provided he shall first find that a special individual reason makes strict compliance with this ordinance impractical; that the modification is in conformity with the intent and purpose of this ordinance; and that the proposed modification is at least the equivalent of the requirements prescribed by this ordinance. Such modification may only be made upon written application filed with the Landscape Administrator and the details of any action granting a modification shall be recorded and entered into the files of the City. 12.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision by the Landscape Administrator, shall file a written appeal with the City Manager for (re consideration by the City Council. Such appeal shall be accompanied by adequate graphic reproductions, a written summary of the request, and justification for such request. The City Council shall have the authority to grant an interpretation or L:CITYDOCS\ORD\DRAFTLNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 16 7H-22 (hire variance to the requirements of this ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. 13.0 VIOLATIONS Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Five Hundred Dollars and No Cents ($500.00) for all violations. Each day that a violation is permitted to exist shall constitute a separate offense. 14.0 SEVERABILITY 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 (60°' unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 15.0 CONFLICTING ORDINANCES This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the city; and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 16.0 SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for installation of landscaping improvements which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. (1.0' L:CITYDOCS\ORD\DRAFr`LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 17 7H-23 (re 17.0 PUBLICATIONS CLAUSE 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 days after passage of this ordinance, as required by section 3.13 of the Charter of the City of Southlake. 18.0 EFFECTIVE DATE 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. 19.0 APPENDICES It is anticipated that the following appendices will be changed periodically by the Landscape Administrator in response to changes in the administration of this ordinance. C L L:CITYDOCS\ORD\DRAF\LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 18 7H-24 LPASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,1999. (re MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AN LEGALITY: City Attorney C L.CITYDOCS\ORD\DRAFT LNDSCAPFINAL.DOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 05/04/99 Page 19 7H-25 City of Southlake, Texas MEMORANDUM May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 735, 15t Reading, Requiring that persons under 18 wear a bicycle helmet while riding on public ways. Action Requested: City Council consideration of Ordinance No. 735 on first reading. Background Information: On November 3, 1998 members of the Greater Southlake Women's Society made a presentation to members of the Southlake City Council requesting the adoption of an ordinance requiring the mandatory wearing of an approved helmet by all persons riding a bicycle under the age of eighteen (18). Submitted at the time as reference was a proposed ordinance under adoption by the city of Arlington. The City Council directed the Department of Public Safety to meet with all interested persons to determine community interest, support and need. Three meetings were held, an ordinance was drafted for Lo' review and a substantial amount of commentary developed, along with other alternatives. A report of activities and alternative selections is attached. Additionally, State Representative Bill Carter has introduced legislation that, if approved, would require all persons under eighteen (18) statewide to wear a bicycle helmet. The bill, HB 673, has passed the House and is now in the Texas Senate committee for State Affairs. Financial Considerations: The ordinance allows the Municipal Court to levy a fine upon conviction of the first offense in an amount not less than $1.00 and not more that $50.00. All subsequent convictions could be fined not more than $100.00. Citizen Input/ Board Review: Citizen input has been received. See attached report. Legal Review: This ordinance was prepared by City Attorney Analeslie Muncey, who has approved the ordinance under consideration by City Council. Alternatives: See attached report. Supporting Documents: Ordinance No. 735, statistical documentation, proposed state law and summary report. L 8A-1 Curtis E. Hawk May 14, 1999 Page 2 L Staff Recommendation: Place Ordinance No. 735, regulating the wearing of a bicycle helmet by persons under the age of 18 while riding a bicycle on public ways on the May 18, 1999 City Council meeting agenda for first reading. BC/gg Approved for Submittal to City Council: /411A ' Le. City Man7=1:11, L 8A-2 • (re ORDINANCE NO. 735 AN ORDINANCE REQUIRING THAT PERSONS UNDER 18 WEAR A BICYCLE HELMET WHILE RIDING A BICYCLE ON PUBLIC WAYS;PROVIDING A PENALTY;PROVIDING A CUMULATIVE CLAUSE;PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determined that in order to protect children who operate or ride upon a bicycle or a device attached to a bicycle along a public way,it is necessary to require children to wear bicycle helmets; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. (Ire That Chapter 18 of the Southlake City Code is hereby amended by the addition of Article DIA, which shall read as follows: Article DIA. Bicycles Sec. 18-95. Purpose The purpose of this article is to protect children who operate or ride upon a bicycle or any side car, trailer, child carrier, seat, or other device attached to a bicycle. Sec. 18-96. Definitions In this ordinance: BICYCLE means a human powered vehicle with two wheels in tandem designed to transport by a pedaling action a person seated on a saddle seat. CHILD means any person under 18 years of age. CITY means the City of Southlake, Texas. C H:\LmRARnso„uil keOrdinances\aicycieHlmna(I In2/98) Page 1 8A-3 (kr' DEALER means a commercial establishment that sells or leases new or used bicycles, whether its principal business activity, or in connection with the selling or leasing of other merchandise, from a place of business within the city. HELMET means a properly fitted bicycle helmet that is not structurally damaged and that conforms to the standards ofthe American National Standards Institute,the American Society for Testing and Materials,the Snell Memorial Foundation or another federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. PARENT means the natural or adoptive parent or court-appointed guardian or conservator of a child. PUBLIC WAY means property that is publicly owned or maintained, including, but not limited to, a street or highway, a sidewalk, a publicly maintained trail, and a public park facility. WEARING A HELMET means that the person has a helmet fastened securely to the person's head with the straps of the helmet securely tightened. Sec. 18-97. Helmet Required. Le, (a) A child ten years of age or older commits an offense if the child operates or rides a bicycle or rides in a side car, trailer, child carrier, seat, or other device attached to a bicycle unless the child is wearing a helmet. (b) A parent commits an offense if the parent allows a child under ten years of age to operate or ride a bicycle or rides in a side car,trailer, carrier, seat, or other device attached to a bicycle unless the child is wearing a helmet. (c) It is presumed that a parent allowed a child under ten years of age to operate or ride a bicycle or rides in a side car, trailer, carrier, seat, or other device attached to a bicycle without wearing a helmet. (d) It is a defense to prosecution that the bicycle was not being operated upon a public way at the time of the alleged offense. Sec. 18-98. Passengers. (a) A person commits an offense if the person operates a bicycle on a public way carrying on the bicycle more persons at one time than the number of persons for which the bicycle was originally designed and equipped. (t.,„ (b) It is a defense to prosecution under this section that the person was in a child carrier,side car, or trailer specifically designed and manufactured for the purpose of carrying or pulling a passenger on,beside,or behind a bicycle and that the carrier, side car,or trailer was equipped HAI.IBRARY'\swdileke\adio a\BiCyCkHInId2(I 1 rzags) 8A-4 Page 2 L with a harness to hold the person securely in the seat and that protection was provided to keep the feet or hands of the person from hitting the spokes of the wheel of the bicycle. (c) A person commits an offense if the person operates a bicycle on a public way while transporting a child under the age of one year on the bicycle. Sec. 18-99. Sale or Lease of a Bicycle by Dealers. (a) A dealer commits an offense if the dealer sells a bicycle, bicycle side car, trailer, or child carrier without providing a written statement to the purchaser advising of the terms of this ordinance. The statement shall be in a form promulgated by the Director of Public Safety. Upon request,the Director of Public Safety shall provide a sample of the required form to the dealer. However, printing and distribution of copies shall be at the dealer's expense. (b) A dealer may not lease a bicycle to a person for use by a child unless the dealer: (2) provides a helmet for the use of each child who will operate or ride on the bicycle;or (3) determines that each child who will operate or ride on the bicycle has a helmet available. (d) A dealer may impose an additional fee for use of a helmet if the dealer sells or leases a helmet (be to a bicycle lessee. Sec. 18-100. Penalty. (a) A person who violates a provision of this article shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not less than$1.00 nor more than$50.00 upon the first conviction and an amount not more than$100.00 upon the second and each subsequent conviction. (b) The municipal court may dismiss a charge against a person for an offense under Section 18-97 upon receiving proof that: (1) the defendant acquired a helmet for the child who was operating or riding in violation of Section 18-97; and (2) the defendant acquired the helmet on or before the 10th day after receiving the citation for the violation. (c) Upon the appearance of a person for violation of Section 18-97 for the first time, the municipal court may dismiss the charge if: (1) the court requires the defendant to attend a bicycle safety course approved by the court; and H:\LIDRARY SouthlakaOrdinances\BirycleHImnd(11/24/98) 8A-5 Page 3 (impe (2) not later than the 90th day after the date of the appearance, the defendant presents to the court, in the manner required by the court,evidence of satisfactory completion of the required bicycle safety course. (d) If the charge against a person is dismissed under Subsection (b) or (c), a later conviction under Section18-97 shall be considered a second or subsequent conviction for purposes of Subsection(a) of this section. (e) The purpose of this ordinance is to encourage the use of helmets. In keeping with that purpose,the municipal courts are urged to consider deferred dispositions under Article 45.54 of the Texas Code of Criminal Procedure, whenever the circumstances warrant deferred dispositions. SECTION 2. Cumulative Clause This ordinance shall be cumulative of all provisions of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. Severability Clause (we 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 a phrase,clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not effect the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. Publication Clause 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 (6., provisions,then the City Secretary shall additionally publish this ordinance or its caption and penalty H:LI RARY\Scuhlake \BigeleHInvu2(11n2/98) Page 8A-6 in the official City newspaper one time within ten days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. SECTION 5. Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1999. MAYOR ATTEST: CITY SECRETARY (re PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney (re x:U.IBRARY\Sout1dake\Ordinances\BicycleHInmt2(I1/24/98) 8A-7 PageS JAN. -08'99(FRI► 10:58 REP BILL CARTER TEL:512 463 1283 P.002 (kW' By B. No. A BILL TO BE ENTITLED 1 AN ACT 2 relating to requiring the use of protective helmets for bicycle 3 safety; providing criminal penalties. - 4 BE IT ENACTED BY THE LEGISLATURE OP THE STATE OF TEXAS: 5 SECTION 1. Section 758.001, Health and Safety Code, is 6 amended to read as follows: 7 Sec. 758.002. DEFINITIONS. In this chapter: 8 (1) "Bicycle" means a human-powered vehicle with two (bow 9 wheels in tandem designed to transport by a pedaling action of a 10 person seated on a saddle seat. 11 (2) "Department" means the Department of Public 12 Safety. 13 (3) "Operator" means a person who travels by pedaling 14 on a bicycle seated on a saddle seat. 15 (4) "Other public right-of-way" means any 16 right-of-way, other than a public roadway or public bicycle path, 17 that is accessible by the public and designed for use by vehicular 18 or pedestrian traffic. 19 (5) "Protective bicycle helmet" means headgear that 20 meets or exceeds the impact standards for protective bicycle 21 helmets set by the United States Consumer Product Safety 22 Commission, the Snell memorial Foundation, or an appropriate state 23 agency. 24 jAl "Public bicycle path" means a right-of-way under 76R3022 JRD-D 1 8A-8 JAN. -Or 991PR11 10:58 REP BILL CARTER TEL:512 463 1283 P.003 L 1 the jurisdiction and control of this state or a local political 2 subdivision for use primarily by bicycles or by bicycles and 3 pedestrians. 4 jf, (1.6}] "Public roadway" means a right-of-way under 5 the jurisdiction and control of this state or a local political 6 subdivision for use primarily by motor vehicles. 7 (f9f--5fr eyeIea-me i:ed--bey-powered 8 vehicle--thet-4s-designed-te-heve-e-sesh-sse-mere-men-the-beet-ices 9 the- eed-e.-s-toy by-a-child-yonsger-then—sA:—tease 10 of-ages] 11 SECTION 2. Section 758.002(a), Health and Safety Code, is 12 amended to read as follows: 13 (a) The department may establish and administer a statewide 14 bicycle safety education program and may adopt rules to implement 15 the program. The program must include instruction concerning: 16 (1) the safe handling and use of bicycles: 17 (2) high risk traffic situations; 18 (3) bicycle and traffic handling skills; 19 (4) on-bike training; 20 (5) correct use of protective bicycle helmets; and 21 (6) traffic laws and regulations. 22 SECTION 3. Section 758.003(b), Health and Safety Code, is 23 amended to read as follows: 24 (b) The fund may be used by the department only to: 25 (1) defray the costs of administering this chapter; 26 (2) provide a bicycle training course for a child 27 younger than 10 years of age who comes from a low income family; cipe 76R3022 JRD-D 2 8A-9 JAN. -08'991FR1! 10.58 REP BILL CARTER TEL:512 463 1283 P.004 1 and 2 (3) if funding permits, assist children from low 3 income families in purchasing protective bicycle helmets. 4 SECTION 4. Chapter 758, Health and Safety Code, is amended 5 by adding Sections 758.004, 758.005, 758.006, 758.007, 758.008, and 6 758.009 to read as follows: - 7 Sec. 758.004. REQUIREMENTS FOR PROTECTIVE BICYyCLB HELMET 8 USE. (a) This section applies to the use of a bicycle on a public 9 roadway, public bicycle path, or other public rich -f-wa•. 10 (b) A person youncer than 18 years of ace who is an operator 11 or passenger on a bicycle shali_wear a properly fittina protective cre 12 bicycle helmet fastened securely on the head with the straps or 13 other appropriate fastener of that helmet. 14 (c) A parent or legal guardian of a person younger than 18 15 years of ace may not knowingly or recklessly permit the person to 16 operate a bicycle or to be a passenger on a bicycle unless the 17 person is wearing a protective bicycle helmet as prescri led by 18 Subsection (b). 19 Sec. 758.005. SALE OR RENTAL OF BICYCLES. (a) A person 20 regularly engaged in the business of selling bicycles shall provide 21 to each purchaser a written explanation of the requirement under 22 Section 758.094 that a person wear a protective bjcvele helmet- 23 (b) A person may not rent a bicycle to another person 24 unless: 25 (1) each person who the person renting the bicycle 26 knows will be an operator or passenger on the bicycle possesses a 27 properly fitting protective bicycle helmet at the time the bicycle 76R3022 JRD-D 3 8A-10 JAN. -08'99(FRI) 10:59 REP BILL CARTER TEL:512 463 1283 P.005 L 1 is rented; or 2 (2) the rental agreement includes the provision of a 3 properly fitting protective bicycle helmet for each operator or 4 Passenger. 5 Ic) A person who sells bicycles is not liable in civil 6 damages for: 7 (1) the failure to provide the written explanation of 8 the law as required by Subsection (a)z or 9 (2) a bicycle operator's or passenger's failure to 10 wear a protective bicycle helmet. ‘amle 31 (d) A person who rents bicycles t4 mother In compliance 12 with Subsection (b) is not liable in civil damages for a bicycle 13 operator's or _passenger's failure to wear a protective bicycle 14 helmet. 15 Sec. 758.006. CRIMINAL PIMALTY. (a) A person commits an 16 offense if the_person violates Sect;on 758.004 or 758.005. 17 (b) An offense under tbie section is a misdemeanor 18 punishable by a fine of 122, unless the actor has been convicted 19 previously under this section, in which event an offense under this 20 section is a misdemeanor punishable by a fine of $50. 21 (c) A court may waive the fine imposed under this section 22 for a violation of Section .758.004 if it i0 the person's first 23 offense and the person presents proof to the court that the person 24 did not have a protective bicycle helmet a the tiny of the 25 violation but has since purchased or obtained a protective bicycle 26 helmet. 27 sec. 758.007. FINIS. The custodian of the county treasury (haime 76R3022 JRD-D 4 8A-11 JAN. -08' 99(FRI) 10:59 REP BILL CARTER TEL:512 463 1283 P.006 L 1 shall keep a record of the amount of the fines collected under 2 Section 758.006 and, on or before the last day of the month 3 following each calendar Quarter, remit to the comptroller the 4 amount of the fines collected under Section 758.006 in the 5 preceding quarter. The custodian of the county treasury may retain 6 half Of the fines collected under Section 758.006-and the interest 7 on the retained finee as a service fee if the custodian of the • 8 treasury keeps records of the amount of fines on deposit collect 9 under Section 758.006 and remits the appropriate amount to the 10 comptroller within the period prescribed by this section. The 11 comptroller shell deposit the amountk remitted under this section 12 in the bicycle safety fund estabiim4. pgder Section 758.003. 13 Sec. 758.00$. LOCAL REGULATION. This section does not 14 preempt a local regulation of the use of bicycle helmets or affect 15 the authority of a political subdivision to adopt or enforce an 16 ordinance or requirement relating to the use of bicycle helmets if 17 the regulation, ordinance, or requirement is compatible with and 18 equal to or more stringent than this chapter. 19 Sec. 758.009. DISMISSAL OP IUSD81SEA110R CHARGE ON COMPLETION 20 OP TEEN COURT PROGRAM. A juvenile court may defer adjudication 21 proceedings under this chapter if the child completes the 22 requirements of Article 45.55. Code of Criminal Procedure. 23 SECTION 5. (a) Except as provided by Subsection (b) of this 24 section, this Act takes effect September 1, 1999. 25 (b) Sections 758.006 and 758.007, Health and Safety Code, as 26 added by this Act, take effect January 1, 2000. 27 SECTION 6. The importance of this legislation and the ‘ftw, 76R3022 JRD-D S 8A-12 JAN. -08'99(FRI) 11:00 REP BILL CARTER TEL:5l2 463 1283 P. 007 L 1 crowded condition of the calendars in both houses create an 2 emergency and an imperative public necessity that the 3 constitutional rule requiring bills to be read on three several 4 days in each house be suspended, and this rule is hereby suspended. • (re 76R3022 JRD-D 6 8A-13 Road to Kids' Safety . _ 0 Y Heads -Up Helmet Program How one California county got kids to wear bicycle helmets. 4y Catherine B.Kedjid ian • n 1994,kids in Yuba County,Calif.,weren't using their Elementary School, a year-round school in Marysville, ' heads when it came to bicycle safety. Despite a Calif.,says that he saw a jump in students'helmet use after California law that requires children under age 18 to Ames held her one-hour class right at the school. Cedar wear a helmet when on their bicycles,a study showed that Lane also lends support to the Health Services program by fewer than one in three children who rode their bikes to enforcing the state helmet law Teachers stand outside as ' school inYuba County wore a helmet.Only one in 11 chil- school lets out, and if they see children riding without dren wore a helmet when bicycling through residential helmets, they contact the parents."Most of the kids do neighborhoods. wear helmets now,"says Diessner."We just want them to Joy Ames cringed whenever she saw the bare heads of be safe." _ • young bicyclists. So Ames,health education specialist for the Yuba County Health Services,set out to increase hel- A Never-Ending Program met use."Yuba County is a poor county.We knew that Between 1994 and 1997,kids'helmet use rose 26 percent cost would be an issue with parents,"she says. Her solu- aroundYuba County schools. In residential areas,the per- tion: free bicycle helmets, with a healthy dose of safety centage of children wearing helmets jumped 34 percent. education for kids and their parents. Ames is pleased with the results,but she knows her c-. job isn't over."If I don't keep going back to the schools Free and Easy and pushing helmet use, the numbers decline," she says. Ames received grant funding from the Office of Traffic "It's an ongoing struggle." 111 Safety to purchase bicycle helmets and develop a bicycle- Ames can't do the whole job by herself and is work- safety education program.She scheduled one-hour bicycle- ing with law enforcement agencies to back her up."There safety classes in many locations across Yuba County and got is still a'hard-core'group that doesn't wear helmets,and for the word out through the local schools, newspapers, that we need stronger enforcement," she says."We need newsletters and the radio.To reach a broader audience,the law-enforcement officers to pull over a kid who isn't wear- classes were available in English, Spanish and Hmong, an ing a helmet and say,'Hey,you need to wear a helr.__t. It's Asian dialect spoken by many county residents. a matter of life and death, and here's where you cc:: get Kids who attended a class with their parents received a one.'It makes a difference for those last hold-outs." free helmet.The children learned the basics of bicycle safe- During Bicycle Safety Month last May, officer, also ty and the importance of helmet use.Parents learned how stopped young bikers who did wear helmets and gave to fit the new helmets properly on their children.The inter- them coupons that McDonald's donated for free french active program really got kids involved and interested in fries and soft drinks.The children may not know i:. but topics such as wearing helmets and learning hand signals. those are the smallest rewards they receive from wearing The grant ended in 1996, but the Yuba County bicycle helmets. CI Health Services continues to support the program.Ames _ still regularly holds classes and hands out free helmets.So - far,the program has distributed more than 700 helmets. ...- Schools are a big part of the helmet program, too. j Ames conducts safety presentations for students at the elementary schools—complete with demonstrations if ` using eggs and melons to show what can hap- • pen to a head without a helmet — and Only one in 11 children wore a she often shows up for"spot checks"as &Zel)ylet when bi cline throiiah school lets out. She passes out small .. b b rev rds,like pencils,to kids who wear their residential s'letgltborhoods. helmets.To kids without helmets,she gives a card ill with information on how to get a free one. Oscar Diessner, assistant principal at Cedar Lane )1 ® Traffic Safety January/February 1999 , 8A-14 City of Soudilake Sowhlake DPS Dmft Ordinance and Report of Citizen Review of Proposed Bicycle Helmet Ordinance 8A-15 Draft Ordinance and Report of Citizen Review of Proposed Bicycle Helmet Ordinance Contents of this Report Initial presentation to Council Presentation and results of first citizen meeting Summary of ordinance revisions, second meeting Discussion and alternative presentations, third citizen meeting. Peripheral documentation Summary matrix of options (two, Initial Presentation to Council On October 22, 1998 Deputy Director Gregg met with Ginny Elder and Councilmember Scott Martin to explore the wording of a proposed ordinance concerning bicycle helmets. The draft ordinance initially reviewed was a copy of one being considered for adoption by the City of Arlington. Several draft language issues were explored and the sample draft was sent to City Attorney Analeslie Muncy. On November 3, 1998 Ginny Elder, project chairperson of the Greater Southlake Women's Society (GSWS) made a public presentation to assembled members of the Southlake City Council. Ms. Elder revealed a three part plan of activities as adopted by her organization titled, "It Just Makes Sense!" Ms. Elder's presentation is attached at the end of this report. It could be summarized as follows: Statistics were quoted to introduce the need for a bicycle helmet ordinance. Le 8A-16 Initial Presentation to Council, continued The three part plan of activities were described as: 1). Southlake DPS rewards youth wearing bicycle helmets with a tee-shirt furnished by GSWS and sponsors. 2). A dozen helmets will be furnished by GSWS and others to Southlake DPS for those who cannot afford one. 3). A recommendation to City Council to adopt a bicycle helmet ordinance. Obviously, no action could take place at that time because the ordinance had not been completed nor set for Council action that evening. Discussion and comments that evening also came from Dawn and Andy Johnson, Southlake residents who stated their opposition against any proposed bicycle helmet ordinance. DPS staff received direction to form an "ad-hoc" committee of interested citizens for further discussion and possible revision of the proposed ordinance. Presentation and results of first citizen meeting On November 23, 1998 the first meeting of the "committee" was held at the senior citizens center. Numerous members of the GSWS were present along with other interested members of the city, including several health care (or professionals. Mr. and Mrs. Johnson were not able to be present. The initial draft ordinance was reviewed and Deputy Director Gregg initiated discussion regarding the following topics: i) Concern is for ordinance to be instructive and preventative and not heavily enforcement related. Marked police unit with overhead lights on behind seven-year-old on bicycle with training wheels not the image we wish to conjure up. 2) Examine the ages of various other cities ordinances and state's laws. 3) Examine enforcement issues in situations where child has helmet and parent not aware child is wearing it, child allowed to ride and doesn't have a helmet or what if the parent has given instructions to the child to wear a helmet and the child refuses. 4) Under the ordinance currently proposed make sure that parent or child cited but not simultaneously. 5) Purchase of a helmet would result in dismissal of the citation. 6) The addition of attendance at a bicycle safety class resulting in the dismissal of the citation was added to the ordinance as a result of the discussion. 2 8A-17 Lpe Presentation and results of first citizen meeting, continued The first meeting concluded with a discussion regarding the wording of the section regarding a presumption of guilt that the parent allowed the child to operate or ride the bicycle without a helmet. Because the ordinance contained the presumption, under the law, it could be rebutted by the parent with evidence or testimony, thus becoming a legal "loophole". The ordinance revisions were submitted to the City Attorney the following day. The next meeting was set for December 9, 1998. Summary of ordinance revisions, second meeting Present at this meeting were numerous persons who had attended the first meeting, along with Andy and Dawn Johnson. The revised ordinance was presented with changes the initial group had suggested. New members to the meeting were presented with material handed out at the first meeting. Direct opposition to the proposed ordinance begins to surface. The meeting adjourns with a date set after all holidays are completed. Discussion and alternative presentations, third citizen meeting. (6w The January 13, 1999 meeting was a SPIN district advertised meeting at the Senior Citizens Center and probably because of timing after the holidays drew a more diverse separated group. Objections to helmet laws were voiced in several fashions. Several persons present objected that their status as parents was being usurped. Rebuttal discussion stated that some parents need the bolstering of a law or ordinance in their instructions to children. Discussion also centered around the fact that the law would not work, or indeed place law enforcement officers in difficult predicaments, example, issuing a citation to a twelve year old child. This group also had an option presented due to the recent call of the legislature. A draft of Representative Bill Carter's bicycle helmet bill was presented to the group and compared with the proposed Southlake ordinance. The group's estimation was the Southlake ordinance had more options in lieu of a fine and proposed less bureaucracy. A vocal portion of the group insisted on proceeding ahead with the proposed city ordinance. It was extremely interesting to note that the only consensus reached among the group as a whole was that no individual at the meeting objected to the use and education of children to wear helmets -just the intrusiveness of governmental regulation in this activity of their daily lives. 3 8A-18 Summary Matrix of Options kiar The following would seem to be a minimum of positions council might examine. Place support behind proposed state law Representative Bill Carter has introduced a bill into the Texas again this legislative year as he has done for the previous two legislative sessions. He has a chairmanship of a committee this year which might add to the bills success in getting out of committee. At this time of the session it is still difficult to predict what might develop. Rep. Carter's bill is attached to this report. Adopt ordinance as written / modify lower fine amounts The ordinance has been reviewed by a number of groups and individuals. It provides several alternatives to an actual fine, to include deferred adjudication by the judge (follow the ordinance for a set period of time and do not repeat the offense and the judge will dismiss it), produce proof of purchase of a helmet and the offense can be dismissed, or elect to take a bicycle safety course for dismissal of the citation. Modify ordinance as to age (11or A review of the age chart attached shows that a large number of states have a reduced age limit at which enforcement begins. Children over the age of sixteen are excluded in a number of cities and states. Continue high education efforts, council resolution and monitor for increased wearing of helmets prior to the initiation of an ordinance No individual educational strategy has proven to be effective according to Graitcer, et.al. However, community wide strategies that use a variety of educational and promotional strategies have proven to be effective. The most successful program in Seattle increased helmet wearing rates by more than 40%. This contrasts to published statistics of as little as 11% among the 11-14 age group. The GSWS has already joined with Southlake DPS in a beginning program of tee-shirts and helmets. The original strategy of providing helmets to those who could not afford them has also been expanded. DPS now contacts those children observed riding a bicycle without a helmet. If the child states he does not own a helmet and agrees to wear one furnished by the officer, the helmet is given to the child on the spot. We hope this way to begin to seed a desire to be seen in a helmet. L 4 8A-19 L Conclusion In an article published in Traffic Safety magazine, Yuba County, California had a rate of less than one child in eleven wearing a bicycle helmet in neighborhoods. Schools were a component in the program to improve helmet use, complete with safety demonstrations and small rewards. In three years time helmet use rose 26% around schools and 34% in the neighborhoods. Law enforcement was also a critical component in the equation. Officers provided information where helmets were available to those who were still observed not wearing one. There are numerous statistics available and have been attached. As in any controversial issue the statistics vary or even disagree. One paper published perhaps succinctly stated the issue, "...legislating health behavior may result in a kind of health authoritarianism, `smothering the good of liberty with the good of health. ..only if there are no other means to achieve health and safety, should laws be passed, and these laws should be enforceable. In spite of these criticisms, laws to protect society, such as those relating to child labor, seat belts and motorcycle helmets, have always been found valid (kw from a legal standpoint. Nor are they widely seen as intrusive on individuals rights and liberties." L 5 8A-20 Injuries to Children From A Fact Sheet by the National Safe Kids Campaign Deaths and Injuries • In 1995, more than 250 children ages 14 and under died in bicycle-related crashes. Motor vehicles were involved in 230 of these deaths. • In 1996, more than 350,000 children ages 14 and under were treated in hospital emergency rooms for bicycle-related injuries. • It is estimated that collisions with motor vehicles account for 90 percent of all bicycle-related deaths and 10 percent of all nonfatal bicycle-related injuries. Collision with a motor vehicle increases the risk of death, severity of injury, and the probability of sustaining a head injury. • More than 40 percent of all head injury-related deaths and approximately three-fourths of head injuries occur among children ages 14 and under. Younger children suffer a higher proportion of head injuries than older children. When and Where Bicycle Deaths and Injuries Occur • Children are more likely to die from bicycle crashes at non-intersection locations (66 percent), during the months of May to August (55 percent), and between 3 p.m. and 6 p.m. (39 percent). • Nearly 60 percent of all childhood bicycle-related deaths occur on minor roads. The typical bicycle motor vehicle crash occurs within one mile of the bicyclist's home. • Children ages 14 and under are more likely to be injured riding in non- daylight hours (e.g., at dawn, dusk or night). The risk of sustaining an injury during non-daylight conditions is nearly four times greater than during the daytime. • Among children ages 14 and under, more than 80 percent of bicycle-related fatalities are associated with the bicyclist's behavior. The most common crashes include riding into a street without stopping; turning left or swerving into traffic that is coming from behind; running a stop sign; and riding against the flow of traffic. L 6 8A-21. (11■••• Who is at Risk • Riding without a bicycle helmet increases the risk of sustaining a head injury in the event of a crash. Non-helmeted riders are 14 times more likely to be involved in a fatal crash than bicyclists wearing a helmet. • Collision with a motor vehicle and crashes occurring at speeds greater than 15 miles per hour increase the risk of severe bicycle-related injury and death. • Children ages 14 and under are five times more likely to be injured in a bicycle-related crash than older riders. • Males account for approximately 85 percent of bicycle-related deaths and 70 percent of nonfatal injuries and have higher bicycle-related death and injury rates than females. Children ages 10 to 14, especially males, have the highest death rate from bicycle-related head injury of all ages. • Children under age 10 are at greater risk for serious injury and are more likely to suffer head injuries than older riders. Approximately half of all bicycle-related injuries among children under age 10 occur to the head/face, compared to one-fifth among older children. • Bicyclists admitted to hospitals with head injuries are 20 times more likely to die as those without head injuries. cor Bicycle Helmet Effectiveness • Bicycle helmets have been shown to reduce the risk of head injury by as much as 85 percent and the risk of brain injury by as much as 88 percent. Bicycle helmets have also been shown to offer substantial protection to the forehead and mid face. • It is estimated that 75 percent of bicycle-related fatalities among children could be prevented with a bicycle helmet. • Universal use of bicycle helmets by children ages 4 to 15 could prevent between 135 and 155 deaths, between 39,000 and 45,000 head injuries, and between 18,000 and 55,000 scalp and face injuries annually. • Child helmet ownership and use increases with income and educational level, yet decreases with age. Children are more likely to wear a bicycle helmet if riding with others (peers or adults) who are also wearing one and less likely to wear one if their companions are not. (keine 8A-22 (16.- Statistics from the Insurance Institute for Highway Safety Fatality Facts: Bicycles • Only 2 percent of motor vehicle deaths are bicyclists. Among a majority of those killed, the most serious injuries are head injuries. • No state has a bicycle helmet law applying to all riders. Local ordinances in a few states do require some or all bicyclists to wear helmets, and 15 states have helmet laws applying to young bicyclists. • Helmets are important for riders of all ages, especially because older bicyclists represent two-thirds of bicycle deaths. • Responsibility for serious collisions between bicycles and motor vehicles corresponds to rider age. (Responsibility refers to crash initiation, not necessarily legal culpability.) Young riders most often are responsible for their crashes, and then probable responsibility decreases with age. Older riders more often aren't responsible for their crashes. • The following facts are based on analysis of data from the U.S. Department of Transportation's Fatality Analysis Reporting System: • 808 bicyclists were killed in crashes with motor vehicles in 1997. This is 6 percent more than in 1996 but down 19 percent since 1975. (kir • Bicycle deaths are most likely to occur in summer. The peak time is 6-9 pm, followed by 3-6 pm. • Ninety-seven percent of bicyclists killed in 1997 reportedly weren't wearing helmets. Age and Gender • Thirty-one percent of bicycle deaths in 1997 were riders younger than 16. • Bicycle deaths per million people rise rapidly beginning at about 5 years old and are highest among 11- and 14-year-old bicyclists. Death rates also are high among 12-13 year-olds and 16 year-olds. • About 7 times as many bicycle deaths are males compared with females. At every age older than 3 years, more male than female bicyclists are killed. Deaths per million people are higher among males than females at all ages older than 3 years. • Deaths of older bicyclists are an increasing problem. Sixty-nine percent of 1997 bicycle deaths were riders 16 years and older. This compares with 32 percent of bicycle deaths in 1975. L s 8A-23 Where They Died Four states (California, Florida, New York, and Texas) accounted for 42 percent of bicycle deaths in 1997. More bicyclists were killed in urban areas than in rural areas (62 percent compared with 35 percent) in 1997. Thirty-four percent of bicycle deaths in 1997 occurred at intersections. Road Types Fifty-eight percent of bicycle deaths in 1997 occurred-on major roads, and 34 percent occurred on local roads. Fifty percent of bicycle deaths among children younger than 13 and 27 percent of adult bicycle deaths occur on minor roads. Adult bicyclists are more likely than children to be killed on major roads (64 percent compared with 45 percent). Fatality Facts are published by the Insurance Institute for Highway Safety, an independent, nonprofit scientific and educational organization dedicated to reducing the losses - - deaths, injuries and property damage - - from crashes on (kb., the nation's highways. The Institute is wholly supported by auto insurers. (hire 8A-24 L Age Limits by City/ State There is no federal law in the U.S. requiring helmets. States and localities began adopting laws in 1987, but there is no formal central registry for them. Date Jurisdiction Coverage Ages/Conditions Effective Alabama State Law State-wide Under 16 1995 Montevallo City-wide All ages 1993 Homewood City-wide All ages 1994 Arizona Tucson City-wide Under 18 1993 Yuma City-wide Under 18 1997 California State Law State-wide Passengers under 5 1987 State Law State-wide Riders under 18 1994 Bidwell Park, Regional park All ages 1991 Chico, CA Connecticut (how State Law State-wide Under 15 1993/1997 Seymour Town-wide All ages 1998 Delaware State Law State-wide Under 16 1996 Florida State Law State-wide, Under 16 1997 (fines 1-1-98) public property only. Georgia State Law State-wide Under 16 1993 Illinois Barrington Village-wide Under 17 1997 Maryland State Law State-wide Under 16 1995 Allegheny Co County-wide Under 16 1992 Howard County County-wide Under 17 1990 Montgomery Co County roads Under 18 1991 Sykesville City-wide All ages 1995 Massachusetts State Law State-wide Passengers under 5 1990 State-wide Riders under 13 1994 khow Michigan 10 8A-25 E. Grand Rapids City-wide Under 18 1995 Q., Adrian City-wide Under 15 1998 New Jersey State Law State-wide Under 14 1992 New York State Law State-wide Passengers under 5 1989 State Law State-wide Riders under 14 1994 Chemung Co. County-wide Under 15 1995 Erie County Parks County parks All ages 1993 Greenburgh City-wide All ages 1994 Guilderland Town-wide Under 14 1992 Rockland County County-wide All ages 1992 North Carolina Black Mountain City-wide All ages. 1996 Boone City-wide All ages 1995 Carolina Beach City-wide Under 16 1994 Carrboro City-wide Under 16 1997 Chapel Hill City-wide Under 16 1992 Ohio Beachwood City-wide Under 16 1990 Brecksville Dublin Orange Village City-wide Ages 6 to 15 1992 (ww Strongsville City-wide Under 12 1993 West Carrollton Oregon State Law State-wide Under 16 1993 Pennsylvania State Law State-wide Passengers under 5 1991 State-wide Riders under 12 1995 Rhode Island State Law State-wide Under 9 1996 Under 16 1998 Texas Arlington City-wide Under 18 1997 Austin City-wide Under 18 1996/1997 Bedford City-wide Under 15 1996 Benbrook City-wide Under 17 1996 Coppell City-wide All ages 1997 Dallas City-wide All ages 1996 Fort Worth City-wide Under 18 1996 Houston City-wide Under 18 1995 Tennessee State Law State-wide Under 12 1994 Clarksville City-wide All ages 1993 Le Virginia 11 8A-26 Alexandria City-wide Under 15 1994 (111100," Arlington County County-wide Under 15 1993 Blacksburg City-wide Under 15 1994 Fairfax County County-wide Under 15 1993 Falls Church City-wide Under 15 1993 Front Royal City-wide Under 15 1996 Manassas City-wide Under 15 1995 Manassas Park City-wide Under 15 1997 Newport News City-wide Under 15 1997 Prince William Co. County-wide Under 15 1995 Virginia Beach City-wide Under 15 1995 Washington State Eatonville City-wide Under 16 1996 Fircrest City-wide All ages 1995 Gig Harbor City-wide All ages_ 1996 King County (excludes Seattle) All ages 1993 Lakewood City-wide All ages 1996 Milton City-wide All ages 1997 Orting City-wide Under 17 1997 Pierce County County-wide All ages 1994 Port Angeles City-wide All ages 1993 Poulsbo City-wide Under 18 1995 Puyallup City-wide All ages 1994 Steilacoom City-wide All ages 1995 Tacoma City-wide All ages 1994 University Place City-wide All ages 1996 L West Virginia State Law State-wide Under 15 1996 Clarksburg City-wide Under 18 1993 Morgantown City-wide All ages 1993 South Charleston City-wide Under 18 1994 St. Albans City-wide Under 18 1995 Wisconsin Port Washington City-wide Under 17 1997 Q., 12 8A-27 FROM : Bill 8 Ginny Elder PHONE NO. : 8174880344 Oct. 30 1998 09:51AM P02 • It Just Makes SeuSet A bicycle helmet initiative. I L A Greater Southlake Women's Society Ginny Elder Annual Project Chair 180 Creekway Bend Southlake,Texas 76092 Fax Number(817)488-0486 Phone Number(817)488-0344 November 3, 1998 • '....ww.....e" :.... �...:.w...... .w....iaptSa�. a. .....711%1:..,^A ',..,• .3 .,,.,. (11111..i 8A-28 FROM : Bill & Girny Elder PHONE NO. : 8174880344 Oct. 30 1998 09:52AM P03 (kW .. ...................................... ,....... ........................... ......... . • Greater Southlake Women's Society is an organization whose purpose shall be the performance of charitable,philanthropic,and educational projects to benefit human welfare through the action of volunteers and to promote good fellowship among its members. The purpose of this club are within the meaning of S501(cX3). Wia'sks..iisdsAiicycisMinot Ordinate nrxuaa� It Just Makes Sense? • Between 1988 and 1995,480 Texas cyclists were killed and approximately 22,000 were injured in bicycle/motor vehicle crashes. • Between 1990 and 1996 Cook Children's admitted an average of 56 children per year for treatment of bicycle injuries. Only 3 of the 56 were wearing a helmet. (kr • A helmet can reduce the risk of head injury by 85%. • A bicycle helmet ordinance would support parents who want to do the right thing! • Just one year after New Jersey passed a mandatory helmet ordinance,bike-related fatalities in children under 14 dropped 80%. It Is hard to ammo with numbers such as thost it lost wakes sease! m (kir 8A-29 FROM : Bill & Gimy Elder PHONE NO. : 8174880344 Oct. 30 1998 09:52AM PO4 IONS"PUN 4. w1w.� .T«i� - /1111001 Sout lakc DPS will reward those"caught"wearing their helmet with a Tee-shirt provided by Greater Southlake Women's Society that says on the front: GSWS says it Just Makes Sense! On the back it says: I was spotted by Southlake DPS wearing my helmet. Sponsored by Doug Strickland State Farm and Burlington Northern Santa Fe Railroad. 11 heft Tin Greater Southlake Women's Society will donate one dozen SNELL approved helmets of various sizes to Southlake DPS for those who cannot afford to purchase one. (kkaw Adopt the bicycle helmet ordinance. L 8A-30 FROM : Bill 2. Ginny Elder PHONE NO. : 8174880344 Oct. 30 1998 09:53AM P05 ... !!!!1:!i..... !!!!!!1!! ; .......... . ............................................................. 1$1010.08011.01 IIIPPENBISES t............. • • 7. • Arlington helmet ordinance • Bicycle-Related Fatalities in Texas 1987-1995 Chart • A simple helmet could have spared Humpty Dumpty a lot of grief brochure • Cook Children's Medical Center/Tarrant County Safe Kids Campaign letter • Review Article • Dear Ann Landers-Ft Worth Star Telegram • Police sponsor rally for kids to promote bicycle ordinance-Fort Worth Star Telegram • Testimonials from Medical Doctors who reside in Southlake and practice in • surrounding areas L L 8A-31 City of Southiake, Texas MEMORANDUM May 14, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-35, Appointments to the Building Board of Appeals The purpose of the Building Board of Appeals (BBOA) is to enforce jurisdiction over substandard buildings, and hear and decide appeals pursuant to the Building Codes of the City of Southiake. They inspect property and premises at reasonable hours, when required, in the discharge of the Board's responsibilities under the laws of the state of Texas and the city. They hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of technical provisions of the codes and ordinances of the City. Resolution No. 99-35 allows for the appointment of members to the Building Board of Appeals. The City Council approved Ordinance No. 622 on September 6, 1994, which outlines the appointments to the Building Board of Appeals. The ordinance states the board shall be composed of five (5) members to be appointed by the City Council. In addition, the City Council shall appoint two alternate members who shall serve in the absence of one or more regular members. Members are appointed to places numbered 1 through 5 and alternate members shall be appointed to places numbered 6 and 7. Currently, Place 1 (Bobby Harrell), Place 3 (Don Light). Place 5 (John Reynal) and Place 7 (Michael Crowe, alternate #2) have expired. Attached are copies of the applications we have received to-date for this board. Applicants were notified of the interview session on May 17 and were asked to let us know if they could not attend. So far, only John Reynal has responded that he will be on vacation and unable to attend. Please call me if you have questions. /sl 1/4/147 Attachments: Resolution 99-35 Applications from: George Dalton Jim Johnson Thresa Brewton Lyons John Reynal m:\wp-files\citysec\resol\99-35mem.doc 9A-1 City of Southlake, Texas RESOLUTION NO. 99-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING MEMBERS TO THE BUILDING BOARD OF APPEALS; PROVIDING FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN ACCORDANCE WITH ORDINANCE NO. 622; 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, Ordinance No. 622, adopted by the City Council of Southlake, Texas, on September 6, 1994, outlines the appointments to the Building Board of Appeals; and, WHEREAS, Ordinance No. 622 states the board shall be composed of five (5) members to be appointed by the City Council to serve two-year terms. In addition, the City Council shall appoint two alternate members who shall serve in the absence of one or more regular members. Members are appointed to places numbered 1 through 5 and alternate members shall be appointed to places numbered 6 and 7. Even numbered places expire in even numbered years and odd numbered places expires in odd numbered years. WHEREAS, currently Places 1, 3, 5 and 7 have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1. The above premises are hereby found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. The terms of members Bobby Harrell, Don Light, John Reynal and Michael Crowe (Alternate #2) have expired. Under this resolution, the following appointments are hereby made as allowed for in Ordinance No. 622. Place 1 to expire 5/2001 Place 3 to expire 5/2001 Place 5 to expire 5/2001 Place 7 Alternate #2 to expire 5/2001 Section 3. This resolution is hereby effective upon passage and approval by the City Council. 9A-2 City of Southiake, Texas Resolution No. 99-35 May 18, 1999 Page 2 of 2 L PASSED AND APPROVED THIS THE 18TH DAY OF MAY, 1999. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary m:\wp-files\citysec\resolu\99-35.doc L (me 9A-3 City of Southiake, Texas MEMORANDUM May 13, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-36 Appointments to the Parks and Recreation Board The Parks and Recreation Board was created for the purpose of planning and developing parks and park sites within the City of Southlake for the use and benefit of its citizens. Ordinance No. 646-A indicates the board shall have nine (9) members serving three (3) year terms. Currently, there are four (4) members with terms expiring in May. They are: Vicki Johnson, Cara White, Bobby Rawls and Lisa Stokdyk. I have attached copies of the ten applications received to-date for this board. Applicants were notified of the interview session on May 17 and were asked to let us know if they are unable to attend. So far, Vicki Johnson, Bobby Rawls and Lisa Stokdyk have said they can not make that session due to other conflicts. Pleas- call me if you have questions. Is! Attachments: Resolution 99-36 Applications from: Ashok Agnihotri George Dalton Milan Georgia Mary Georgia Vicki Johnson Bill Kemp Bobby Rawls Tad Stephens Lisa Stokdyk Cara White m:\wp-files\citYsec\resol\99-36mern-doc 9B-1 City of Southlake, Texas RESOLUTION NO. 99-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING MEMBERS TO THE PARK AND RECREATION BOARD; PROVIDING FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN ACCORDANCE WITH ORDINANCE NO. 646-A; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Southlake, Texas, deemed it advisable and necessary to establish a Park and Recreation Board for the City of Southlake, to act as an advisory board to the City Council relating to all nature of park improvements and recreation programs; and, WHEREAS, Ordinance No. 646-A states the Board shall consist of nine (9) citizens of the City of Southlake, Texas, and who shall be appointed by the City Council for three (3) year terms. Members shall serve until their successors are appointed, without compensation; and, WHEREAS, currently Places 6, 7, 8 and 9 have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1. The above premises are hereby found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. The terms of members Vicki Johnson, Cara White, Bobby Rawls and Lisa Stokdyk have expired. Under this resolution, the following appointments are hereby made as allowed for in Ordinance No. 646-A. Place 6 to expire 5/2002 Place 7 to expire 5/2002 Place 8 to expire 5/2002 Place 9 to expire 5/2002 Section 3. This resolution is hereby effective upon passage and approval by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF MAY, 1999. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy 9B-2 City of Southlake,Texas Resolution No. 99-36 May 18, 1999 Page 2 of 2 C ATTEST: Sandra L. LeGrand City Secretary m:\wp-files\citysec\resolu\99-36.doc (pp. 9B-3 City of Southlake, Texas MEMORANDUM May 13, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-37,Appointments to the Planning and Zoning Commission Resolution No. 99-37 provides for appointments to the Planning and Zoning Commission. Chapter XI, Section 11.03 of the Home Rule Charter, which relates to the Planning and Zoning Commission, allows for appointments of two (2) year terms to that commission. Currently, three (3) of the seven member commission have terms that have expired. Those commissioners include: James Murphy, F.C. LeVrier and Rob Jones. Attached are copies of the ten applications we have received to-date for this board. Applicants have been notified of the May 17 interview session and have been asked to let us know if they can not Lie attend. So far, there have been no responses. If you have questions, please give me a call. /sl Attachments: Resolution 99-37 Applications from: Michael Boutte Mike Crowe George Dalton Peter Gaal Timothy Green Kenneth Home Jim Johnson Dennis King J. Gregory Marks John Charles Terrell is\wp-files\citysec\99-37mem.doc 9C-1 City of Southlake, Texas RESOLUTION NO.99-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter Election held on April 4, 1987; and, WHEREAS, in the Home Rule Charter, Chapter XI concerns Planning and Zoning; and Section 11.03 allows for appointments for two(2)year terms on the commission; and, WHEREAS,currently the terms of three(3)commissioners have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The terms of James Murphy, F.C.LeVrier and Rob Jones have expired. Section 3. The City Council hereby appoints the following persons to the Planning and Zoning Commission to serve two-year terms. to expire 5/2001 to expire 5/2001 to expire 5/2001 Section 4. This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF MAY, 1999. CITY OF SOUTHLAKE,TEXAS Mayor Rick Stacy ATTEST: (61..i Sandra L. LeGrand City Secretary d:\wp-f►les\citysec\resolu\99-37.doc 9C-2 City of Southiake, Texas MEMORANDUM May 13, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-38, Appointment to the Southlake Park Development Corporation (SPDC) Resolution No. 99-38 allows for appointments to be made to the Southlake Park Development Corporation. With the authority granted by the Development Corporation Act of 1979, Article 5109.6, Texas Revised Civil Statutes as amended, the City Council found it advisable to authorize the creation of a non-profit corporation to be named the Southlake Park Development Corporation, to act on its behalf in financing eligible "projects"deemed to be for the benefit of the public. The duties and powers of the SPDC is to issue bonds on behalf of the City for financing the development and operation of parks and recreation facilities; and, to finance, develop and operate parks and recreation facilities including: parks and recreation equipment, landscaping, utility lines, drainage lines, parking lots and roadways. The Board of Directors of the SPDC is composed of seven members. Four of the members shall be members of the City Council and the three remaining directors must not be employees or officers of the City, or members of the City Council, and at least one of the remaining directors must be a member of the Southiake Park and Recreation Board. Currently, two (2) Councilmember places (W. Ralph Evans and Rick Stacy) are available for two year terms and one place vacated by former Councilmember Scott Martin for a one (1) year term. Also available for two-year terms are the Park Board representative place (formerly held by Robin Jones) and the citizen representative place (formerly held by Bethann Scratchard). Attached are copies of the seven applications we have received to-date. The applicants were notified of the May 17 interview session and so far, Barbie Derby, Bethann Scratchard have called to say they have conflicts and will be unable to attend. If you have any questions, please give me a call. nc 414411I Attachments: Resolution No. 99-3 8 Applications from: Sherry Berman Scott Martin Barbie Derby Bethann Scratchard George Dalton Cara White Ralph Evans 9D-1 City of Southlake, Texas RESOLUTION NO. 99-38 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING MEMBERS TO THE SOUTHLAKE PARK DEVELOPMENT CORPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted by the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes as amended (the "Act"), the City Council found it advisable to authorize the creation of a non-profit corporation to be named the Southlake Park Development Corporation, to act on its behalf in financing, under the Act, eligible "projects"deemed to be for the benefit of the public; and, WHEREAS, the Board of Directors shall be appointed by the City Council and be composed of seven (7) persons; four (4) of the Board of Directors shall be members of the City Council and the three (3) remaining Directors must not be employees or officers of the City, or members of the City Council, and at least one of the remaining Directors must be a member of the Southlake Parks and Recreation Board; and, WHEREAS, terms of the directors shall be for two years, expiring on May 31 of odd numbered and even numbered years, respectively. Directors may be appointed to succeed themselves. Each director shall serve until a successor is appointed. WHEREAS,currently three Councilmember directors positions (two terms expiring May 1999 and one unexpired term vacated by Scott Martin), one Park Board representative director position and one citizen director position have expired; now, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The terms of members W. Ralph Evans (council rep), Rick Stacy (council rep), Scott Martin (council rep), Robin Jones (Park Brd. rep) and Bethann Scratchard (citizen rep) have expired. Under this resolution, the following appointments are hereby made as allowed for in Ordinance 597. Councilmember Position to expire 5/2001 Councilmember Position to expire 5/2001 Park Board Representative to expire 5/2001 Citizen to expire 5/2001 Unexpired Councilmember Position to expire 5/2000 9D-2 City of Southlake, Texas Resolution No.99-38 May 13, 1999 Page 2 of 2 C Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF MAY, 1999. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary d:\wp-files\citysec\resolu\99-38.doc L 9D-3 City of Southlake, Texas MEMORANDUM i May 13, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-39 Appointments to the Zoning Board of Adjustments Resolution No. 99-39 allows for appointments to the Zoning Board of Adjustments (ZBA). The duties of the ZBA are set out in Zoning Ordinance No. 480, Section 44 which calls for a five (5) member board with two (2) alternate members. Terms are for two years. At this time there are four members which have expired terms that need to be filled. Those members are: Art Sorenson (Vice Chairman), Ron Troy, John Smart and George Dalton (Alternate #2). Resolution 99-39 also calls for the appointment of the chairman and vice-chairman. Currently, David Harris serves as Chairman and Art Sorenson as Vice Chairman. I have attached copies of the seven applications received to-date for this board. Applicants were notified of the interview session on May 17 and were asked to let us know if they are unable to attend. So far, we have had no responses. Please call me if you have questions. /sl Attachments: Resolution 99-39 Applications from: Mike Crowe George Dalton Ralph Evans Jim Johnson John Smart Art Sorenson Ron Troy d:\wp-files\citysec\resol\99-39mem.doc cow 9E-1 • City of Southlake, Texas RESOLUTION NO.99-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members to serve for two-year terms; and, WHEREAS, currently the two year terms of Art Sorenson, Ron Troy, John Smart and George Dalton(alternate#2)have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following to serve two (2) year terms: to expire 5/2001 to expire 5/2001 to expire 5/2001 (Alternate#2) to expire 5/2001 Section 4. It is the desire of the City Council for to serve as Chairman and_ to serve as Vice-Chair. Section 5. This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF MAY, 1999. CITY OF SOUTHLAKE, TEXAS ATTEST: Mayor Rick Stacy Sandra L. LeGrand City Secretary d:\wp-files\cirysec\resolu\99-39.doc 9E-2 City of Southlake, Texas MEMORANDUM May 13, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-40, Appointments to the Senior Advisory Commission The Senior Advisory Commission acts in an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long-range capital improvement programs; recommend policies regarding senior service and improvements, recommend senior-related programs for development of recreational facilities and services. Resolution No. 99-40 provides for appointments to the Senior Advisory Commission. Ordinance No. 653 establishes that the Commission shall consist of seven (7) citizens of the City of Southlake, who must be at least 55 years of age; it allows two members to be less than 55, if there experience or education is deemed valuable to the Commission; and allows for two alternate members. Members serve for two-year terms. At this time, Places 4, 6, 7 and the two alternate positions need to be filled. Attached are copies of the three applications we have received for this Commission. The applicants have been notified of the interview session on May 17 and were asked to let us know if they could not attend. To-date, we have received no responses. Please call me if you have questions. /sl l Attachments: Resolution No. 99-40 Applications from: George Dalton Linda Forbes Thomas J. Furey m:\wP-fileskitYsec\resol\99-40ment doc L 9F-1 City of Southlake, Texas RESOLUTION NO. 99-40 (le A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deemed it advisable and necessary to establish a Senior Advisory Commission for the City of Southlake, to act in an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long- range capital improvement programs; recommend policies in senior service and improvements; recommend senior-related programs for development of recreational facilities and services; and WHEREAS, Ordinance No. 653 establishes the Senior Advisory Commission and states that the Senior Advisory Commission shall consist of seven (7) citizens of the City of Southlake, who must be at least 55 years of age; and allows two members to be less than age 55 if their experience or education is deemed valuable to the Senior Advisory Commission; and allows for two alternate members; and, WHEREAS,the City Council shall appoint the members for two (2) year terms; and, WHEREAS, currently Places 4, 6, 7, and Alternate #1 and Alternate #2 have expired; now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1. All of the premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The terms of members Martha Greenberg (Place 4), Frances Weiser (Place 7), Betsy Horowitz(Alternate#1)have expired and Place 6 and Alternate#2 positions are vacant. The City Council desires to appoint the following members to serve on the Senior Advisory Commission:: Place 4 to expire 5/2001 Place 6 to expire 5/2001 Place 7 to expire 5/2001 Alternate #1 to expire 5/2001 Alternate#2 to expire 5/2001 Section 3. This resolution is effective upon passage by the City Council. C 9F-2 City of Southlake, Texas Resolution No.99-40 May 13, 1999 Page2of2 PASSED AND APPROVED THIS THE 18TH DAY OF MAY, 1999. CITY OF SOUTHLAKE,TEXAS Mayor Rick Stacy ATTEST: Sandra T,. LeGrand City Secretary d:\wp-files\citysec\resolu\99-40.doc C 9F-3 City of Southlake, Texas MEMORAISDUM May 13, 1999 TO: Mayor Rick Stacy and Councilmembers FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-42, Appointment of Liaison to DFW Airport In 1992, the Dallas-Fort Worth Airport staff established a "neighborhood forum" whereby surrounding cities would have an official vehicle for input concerning noise problems. The City Council appoints the representative to fill the position of liaison to the board. Resolution No. 99-42 allows for appointment of a representative to serve as liaison to DFW Airport, attending the meetings when notified by the airport staff. Former Councilmember Pamela Muller served in this capacity during her last term and has submitted an application for re-appointment(attached). Pleas call me if you have questions. /s1 Attachment: Resolution 99-42 Application from: Pamela Muller m:\wp-files\citysec\resol\99-42mem.doc 9G-1 City of Southlake, Texas RESOLUTION NO.99-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING A COUNCIL REPRESENTATIVE AS LIAISON TO DFW AIRPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1992, the Dallas-Fort Worth Airport staff established a "neighborhood forum" whereby surrounding cities would have an official vehicle for input concerning noise problems; and, WHEREAS, the City of Southlake was requested by DFW Airport to send a representative to the DFW Noise Forum, as it came to be known; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1. The above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. (weSection 2. That , is hereby appointed by the City Council to serve as liaison to DFW Airport for the DFW Noise Forum and other related matters. Section 3. That the appointment is hereby effective upon passage of this resolution by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF MAY, 1999. CITY OF SOUTHLAKE,TEXAS Mayor Rick Stacy A 1-1"EST: Sandra L. LeGrand City Secretary d:\wp-files\citysec\resolu\99-42.doc 9G-2 City of Southlake, Texas MEMORANDUM May 12, 1999 To: Curtis E. Hawk, City Manager From: Bob Whitehead, Director of Public Works Subject: Resolution No. 99-34, TxDOT Major Investment Study for Improvements to SH 114 / SH 121 Action Requested: Approval of Resolution No. 99-34, TxDOT Major Investment Study for Improvements to SH 114 / SH121. Background - Information: As stated in the April 1999 edition of the TxDOT SH 114 /SH 121 Study Newsletter, "more than 130,000 vehicles use the SH 114 / SH 121 corridor on an average weekday. By 2020, traffic volumes are expected (imir to grog, to about 200,000 vehicles per day." The current status of the corridor can not handle this growth, therefore, TxDOT has been conducting a Major Investment Study to determine the best options for improvement to this area. TxDOT held an Open House/Public Meeting on April 27, 1999 at Grapevine City Hall where three basic options for improving capacity of the main lanes were presented to the public. The options include adding 1) general-purpose lanes to the existing freeway; 2) High-Occupancy Vehicle (HOV) lanes with general-purpose lanes; or 3) express lanes with general-purpose lanes. It is TxDOT's intention to make a determination on the "main lanes" issue by late summer. As such, Council input on this issue needs to be forwarded to TxDOT as soon as possible. Discussion on local access options has also begun, although TxDOT does not intend to fully address this part of the study for several months. Nonetheless, Council will wish to formalize its preferences on local access issues in the near future. Financial Considerations: None. Citizen Input/ Board Review: Input was received at the Public Forum on April 27, 1999. 9H-1 City of Southlake, Texas (toyCurtis Hawk May 12, 1999 Page Two Legal Review: The attached resolution has been forwarded to the City Attorneys for review. Alternatives: Allow TxDOT to make their determination of the best option without written input from the City of Southlake. Supporting Documents: Resolution No. 99-34. Staff Recommendation: Staff recommends approval of Resolution No. 99-34, addressing Council's preferences on main lane configuration for the SH 114 / 121 corridor. VB/vb Le. Bob Whitehead Director of Public Works Approved for Submittal to City Council: City Manager'T:1,ice glip 9H-2 RESOLUTION NO. 99-34 ANOW RE,SOLUTIONTHEREFORE BY, TH CITY COUNCILTHAT OF TH CITY CIL OF SOUTHLAKE PETITIONING THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) TO CHOOSE THE EXPRESS LANE OPTION PRODUCED BY THE MAJOR INVESTMENT STUDY OF THE IMPROVEMENTS TO THE SH 114/SH 121 CORRIDOR. WHEREAS, traffic through the SH 114 / SH 121 corridor has grown to approximately 130,00 vehicles on an average weekday; and, WHEREAS, ; traffic through the SH 114 / SH 121 corridor in the year 2020 is projected to increase to 200,000 vehicles per day; and, WHEREAS, TxDOT, while conducting a Major Investment Study of the corridor, has created three improvement options for the corridor's main lanes, including the addition of general-purpose lanes, High-Occupancy Vehicle (HOV) lanes with general-purpose lanes, or express lanes with general purpose lanes; and, WHEREAS, TxDOT is requesting input from the affected cities; BE IT E RESOLVED THE CITY E COUN OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct as if copied herein in their entirety. Section 2. That the City of Southlake prefers that the TxDOT choose to add express lanes along with general purpose to the SH 114 / SH 121 corridor when improvements to the corridor are made. Section 3. That the City Council is studying proposed local access options and upon completion of its analysis will take formal action on this part of the study. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE ON THIS THE DAY OF , 1999. Mayor Rick Stacy C 9H-3 i Resolution No. 99-34 May 12, 1999 Page 2 of 2 ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney LACTYSHARE\ IIS 114 121 Resl.doc L 9H-4 City of Southlake, Texas MEMORANDUM May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Charlie J. Thomas, Deputy Director of Engineering Services SUBJECT: Approval of Change Order No. 1 with Pavecon, Inc. for pavement repairs in the Timarron Bent Creek Subdivision Background Information: City Council awarded the contract for slurry grouting the sanitary sewer embedment and repairing the roadways in the Timarron — Bent Creek subdivision on December 15, 1998 to Pavecon, Inc. The grouting of the sanitary sewer embedment has been completed. The contractor has completed approximately 50% of the roadway repairs. The contractor estimates that the project will be complete by May 28, 1998. i (toe During the roadway reconstruction, the contractor encountered severe subsurface water. The subgrade beneath the pavement is saturated in certain areas. The amount of saturation in the soil prevents the contractor from achieving the required compaction of the soil prior to installing the concrete roadway. On March 31, 1999, a meeting was held on-site to discuss a solution to the unforeseen subsurface conditions. Representatives from Wiss, Janney, Elstner Associates, Inc. (design engineer), Alpha Testing, Inc. (testing laboratory), and Pavecon, Inc. attended the meeting along with Shawn Poe and Mike Moore (City Construction Inspector). It was determined that, in order to properly complete the project, the saturated material would need to be excavated (and removed) to a sufficient depth (four feet maximum) that would allow the new material to be compacted to 95% Standard Proctor density. Following the removal of the saturated material, a Geo-mat will be installed along the bottom of the trench and the excavated area would be backfilled with a crushed stone or flexible base in 8" lifts and compacted to 95% Standard Proctor density. The Geo-mat will provide a "barrier" that separates the existing soil from the flexible base (flex-base). The new concrete roadway will then be installed. L 10A- 1 This additional process and material was not anticipated when the project was bid. A change order was necessary for the additional cost of the flex- base, Geo-mat, and labor. So that the project could be kept on track, the City Manager conditionally approved Change Order No. 1 on April 6, 1999 for the additional work (see attached Change Order No. 1). However, the amount of the additional subgrade materials could not be determined until the damaged pavement had been removed. Therefore, Change Order No. 1 was developed on tons of flex-base basis. The City would obtain copies of the delivery tickets of the flex-base and the contractor would notify the City once $10,000 of material was installed. The intent was to place on the City Council Agenda for approval if it appeared Change Order No.1 would surpass $15,000. The contractor notified the City on April 26, 1999 that the $10,000 "plateau" had been reached. The contractor anticipates that an additional $20,000 would be required to complete the project. Given the nature of the project and the need to timely complete the project, staff has allowed the contractor to continue work while the change order is being processed. Lie Financial Considerations: The exact amount of the change order can not be determined until the existing damaged pavement is removed and the subgrade is evaluated. However, the change order for the additional materials and labor is anticipated to increase the contract by approximately $30,000. The original contract was awarded by City Council in the amount of $699,314.55. The CIP budget appropriated $726,986 for this project. Citizen Input/ Board Review: Not applicable Legal Review: Not applicable Alternatives: Not applicable Supporting Documents: Change Order No. 1 Staff Recommendation: Staff recommends City Council approve Change Order No. 1 to the contract with Pavecon, Inc. for pavement repairs in the Timarron Bent Creek Subdivision in the amount of up to $30,000. Please place this item L 10A-2 Coe on the May 14, 1999 Regular City Council Agenda for City Council review and consideration. RJH/sep Approved f i Submittal to City Council: A City Man:ter 0 Tr m:\wd-files\memos\timarron co 1 5-18-99 agenda.doc (NW' 10A-3 • Coe KI‘k CON2 rr7 0/%14 L_ CHANGE ORDER #1 CITY OF SOUTHLAKE 567 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 SCOPE OF WORK: A. :MO _ THE EX: -N MATE ' AS "I _ -- -r FO _ THE DEPTH REQUIRED FOR STABILITY 2F C.. -r'RADE B . GRADE THE EXCAVATED AREA TO FACILITATE THE INSTALLATION OF THE FILTER FABRIC INTO THE STREET BED C. INSTALLATION OF THE FILTER FABRIC AT EXCAVATED DEPTH D. PROVIDE AND INSTALL CRUSHED CONCRETE FLEX BASE MATERIAL IN 8" LIFTS COMPACTED TO 95%- STD DENSITY TO ACHIEVE A RESTORED SUB- GRADE LEVEL (IF NO STABLE AND UNYIELDING SUE-GRADE IS ENCOUNTERED AT 3 ' DEPTH,THE FIRST LIFT WILL BE INSTALLED WITH A 12" LIFT TO ESTABLISH A BRIDGE OVER THE UNSUITABLE MATERIAL WITH SUBSEQUENT LIFTS BEING COMPACTED TO95; STD DENSITY) TOTAL COST PER TON OF MATERIAL (FLEX BASE) S 49 . 69 TOTAL COST PER SQ/FT OF FABRIC INSTALLED $ . 15 C t{fl-f' 02DE 2 /4/ /S fit`. U P �S c c c coWcc-r Sit e c s o f C, p . R -Gi- 410, 0 00 /n) 0A-DIZTo t LA-ce (T 0vJ Crr Cou CtL A6 bk PAVECON, INC. CIT" OF SOUTHLAKE L 10A-4 PAVECON_ INC_ • 3a22 ROY ORR RLVD_ •GRAND PRAIRIF TY 75ncn •972.9 1- 29 • FAY 972-263-6_551 •www_navecon_com CHANGE ORDER NO. 1 No. I Dated: May 18, 1999 OWNER'S Project No. 97-3004 ENGINEER's Project No. Project Pavement Repairs in the Timarron Bent Creek Subdivision OWNER City ofSouthlake Contract for Pavement Rehabilitation Contract Date: January 26, 1999 To: Pavecon, Inc. Contractor You are directed to make the changes noted below in the subject contract: Owner By: Date: , 1999 (hire Nature of the changes: subgrade repairs due to existing saturated material. 585 TONS Furnish&install flexible base(crushed stone) to 95% Standard Proctor Density @ $49.69 = $29,068.65 6209 SF Furnish&install Geo-mat fabric @ 0.15 = 931.35 $30,000.00 'These changes result in the following adjustment of contract pnce and contract tune: Contract Price Prior to this Change Order $ $699,314.55 Net Increase Resulting from this Change Order $ $30,000.00 Current Contract Price Including this Change Order $ $729,314.55 Page l of 2 10A-5 • NSPE-ASCE 1910-8-B(1978 Edition) Contract Time Prior to this Change 120 Calendar (Days or Date) Net Increase Resulting from this Change Order 20 Calendar (Days) Current Contract Time Including this Change Order 140 Calendar (Days or Date) The above changes are recommended: Engineer By: Date: , 1999 The above changes are recommended: City By: Title: Date: , 1999 The above changes are accepted: Contractor By: Date: , 1999 (iire Page 2 of 2 10A-6 City of Southlake, Texas (1.0, • MEMORANDUM May 14, 1999 TO: Curtis E. Hawk, City Manager FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: S.H. 114 Construction Enhancements Action Requested: City Council approval/direction concerning a number of proposed design enhancements to the S.H. 114 construction project(s) Background Information: Since the Texas Transportation Commission approved the reconstruction of S.H. 114 to a full limited access freeway through Southlake, city staff has met periodically with TxDOT to express the desire of "enhancing" TxDOT's standard freeway design to more closely approximate the spirit of the Corridor Study adopted in 1995. Over the past several years, TxDOT's design engineers have been laying out the main construction elements of the freeway and have indicated they would contact staff when enough of the freeway design was completed to seriously begin discussion of any proposed enhancements. With the engineering of the first two "sections" of freeway (Wall St. to west of Kimball, Kirkwood to east of Dove) substantially complete, staff was asked to meet with TxDOT last week to discuss the possibility of including a variety of design enhancements previously submitted by the city as candidates. The following information represents TxDOT's most recent responses to these requests and sample cost estimates where available. Staff will be present at the City Council meeting of May 18, 1999, to fully explain the enhancement options as expressed by TxDOT. These options are summarized in the attached table "S.H. 114 Construction Enhancement Options" following this memo. Financial Considerations: As noted in the table mentioned above, TxDOT will include certain design enhancements at little or no cost if they are requested early enough and designed into the plans. However, TxDOT has stated that several categories of enhancements either cannot be included or can only be included if the city pays for the incremental cost above TxDOT's standard costs. For the latter, the city recently approved bonds in the amount of 2.5 million dollars to pay for such enhancements. The general costs of these enhancements are included in the attached table. TxDOT City of Southlake, Texas (kre - will soon require a letter agreement to approve these added expenses in their plans but will not require their payment until just prior to their • construction, which is scheduled for early 2000. Citizen Input/ Board Review: Staff has periodically made presentations at the City Council meetings and throughout the recent bond election generally describing the city's historical desire to enhance the S.H.114 reconstruction project(s) Legal Review: N/A Alternatives: Described in attached table Supporting Documents: • Table "S.H. 114 Construction Enhancement Options" (10B-3, 4) • Examples of vertical wall concrete patterns (10B-5, 6, 7, 8, 9) • Concrete stain color samples (10B-10) • Examples of types of bridge railings acceptable to TxDOT (10B-11, 12) • Examples of intersection crosswalk pave stones (10B-13, 14) • Correspondence furnished by TxDOT concerning ornamental signal poles (10B-15, 16, 17) Staff Recommendation: Staff recommends obtaining Council direction on these enhancements before May 21, 1999, so that they may be included in the plans prior to bid letting in August. If these enhancement options are not included prior to bid letting, costs may increase through the process of obtaining change orders through the highway contractor. Approved for Submittal to City Council: City Manager's Office L L:\ComDev\WP-FILES\PROJECTS\CORRIDOR\TXDO1 enhance1.doc 43 0 (kw, ss 0 > ss �.ss '—' ° .cla o al v • a W U EA. 0 C en 4-4 cn a) .[ .� n H Q d d Q z z en z b .4-' tu a 0 b Ca VI .0 W U $ o - s 64 64 • O . o o O t o 4 .s �. .... 5 .0 a, u 0 O 0, u, w ° b 0 CD a u L' 0 a 8 b aai o = "'" y ° ;, c°i b 3 V E V E E • a' - 1 .0 w ° 0VI -0 0 8 N N :� O Z p a y h ' c -. ^ bp cd H `° a may" rdL, U ° R. N y m es) a 4 w .^ O V > cO 4 i0 O •c>d 2 A f .r .d 'cd .0 v o 0 - N N N r >, 0 . 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Fax:(714)979-1822 jay y f i r/• / 1/= Z'' /' �/ ,• F j • • • _ .q' ' ; , 'ljI ' . •• %,• �. .�T• �•. P WA271 7 • i : - .' ; ; ' - --4? . A . n• ..▪‘A4 :. t;;• T -•:t; • +fr ••4`. e- ,_.. .., i... /� :.• 4 • .• TI!2:1 n, - fapj'.1.::,.;;..ii.t.-;-•::.,-i •• i 4 t ,14:'r •1r; :.1-,; • //47/��7 //%�//G//.�/////////�/,ii�/1//4/ut .•'rr' •P•i« j? : f ?, <.f:li▪ a.. _ ( . .! .::1 I. / •,,,rw y� CI•f?T'• �,,.ir ..••T'•'' iYt ,�,7�r �:y" ,W��,,i,,•• •'‘5f/':' • �i e• •• n '• b / •!tL ti• 7.''4. ' '.• • .r•.• • r Y M %i 1'ri•'t,• ;:i1: • • •?Sit X••: • t 1 'n•i;;-;Ij,triit). ') irl .,) a,::.:l. l,t ,. ,:i.,I Y.;.-31ilit2 .:Q Form Liner Patterns and Textures — L'enstreak form Liners are available in a - This symbol is shown on profile nety of patterns and textures and most are I , ! _ drawings for patterns requiring 1 offered in at least three different grades. . back-up strips in Rigid Polymer grades. Please consult Greenstreak to determine the The back-up strip is necessary to 1 ' I most suitable liner for your application and prevent deep reveals from deflecting forming technique. due td form pressures. Other patterns i l Not all Greenstreak patterns are shown in may require back-up strips,results of ! ! this catalog. Call Greenstreak for additional the pre-construction mock-up shall i j, 1 1, j pattern details or if you would like us to create dictate necessity. a custom pattern or design. 'All dimensions nominal RIBBED DESIGNS Not all patterns are shown in this catalog. No.301 No.308 No.334 4'x 9'-11"Sheets•Trapezoid 4'x 10'Sheets•Trapezoid 3'-10-3/4"x 10'Sheets•Trapezoid `._, ;gad • .~ - , L-2'h"•Ripped 2x backup strips required FORM 1 Backup strips required 3 iv, x, I I FORM --{ FORM 11 1/2' 1 - • -2'�"� 13ri 6" CONCRETE s• 2H 1_ u I CONCRETE ava_� CONCRETE L302 No.309 No.335 10'Sheets•Trapezoid 4'x 10'Sheets•Trapezoid 4'x 10'Sheets•Trapezoid iiiiiiiritp-" .: 411 - — . . , ' Backup strips required FORM -L , r 1'/2 FORM 2x2 backup strip required FORM 2 12. 6 1R• 4 1/2• 3 Ur 5• 71/2• 6 1/2' 2'H H I-rl III +512' I H 1'h" i t i t—� 1— I t—I I—�i ice{—a i 1 2 r 1'h"- i iztCONCRETE ~lr' 1 3/4• 3• 2 1/4•- 1rT3/4.1 3/4• T 14•1 e• 1 s ,,i r i +e• 1 s. l Lhr 1 4"�l CONCRETE CONCRETE No.304 No.312 No.339 4'x 10'Sheets•Trapezoid 4'x 10'Sheets•Trapezoid 4'x 9'-10"Sheets•Trapezoid - r 3/4" - FORM - I FORM r i'' I ---a- /,e"-, 1-+R"-1 1-7,e"-, r'/e'FORM Y'• ; 1- ` I' CONCRETE CONCRETE 1"�rJ —-... ter :. tr —7 CONCRETE No.305 No.333 No.353 4'x 10'Sheets•Trapezoid 4'x 10'Sheets•Trapezoid 4'x 9'-10"Sheets Random Parallel Reveals • t clallip oitriestoil44401 ,4!....• iihhhb . Y1" 11 — 'Y+• FORM h FORM FORM 2 layer 1R•plywood backup strips required r - ( Z,114• 1'/.0 v.- ,A,-- -2',Ar r.w .W2'/ W'A 'V r 2W2'5/:W1r'CJ1 1 h. '�+" CONCRETE I 3• I CONCRETE,114- 3. 1,k• r V. 1- r,',- 1.1 ik-2- ,,k-r or'I r � r • _ _ rnurocrc This symbol is shown on profile . _ 03125/GRD ` drawings for patterns requiring I BuyLlne 3035 A§1111W back-up strips in Rigid Polymer : grades. The back-up strip is neces- r. _ i iii,;► i sary to present deep reveals from k:, i !- it deflecting;sue to form pressures. i ,;;.' y' i• •F riirr -ii:-l!i i i • ` Other patterns may require back-up +� •,`-._, ,.;`.,.' I,i -iNjjt i strips, results of the pre-construction '? .,11,, If :il mock-up shall dictate necessity. }} ... • All dimensions nominal RIBBED DESIGNS AGGREGATE 8 FRACTURED DESIGNS No.359 No.347 No.369 • • 4'x 9'-6"Sheets•Trapezoid (Optional closed or open ends) 4'x 10'Sheets - 3'-11-1/4"x 9'-10"Sheets CAL TRANS Trapezoid with Aggregate Face Trapezoid with Aggregate Face — '.-....st•c.'*":,.,-.' -;,Agill 1111 .- 'L Ail° H Backi,D strips required '.. it H Backup strips requited FORM Backup strips required FORM ,''2y FORM 3'/." r To 1 irz CONCRETE ' - i�o 2- T EGATE I 3• I 12• I CONCRETE CONCRETE -• -2'/." L. No.361 No.366 No.373 .. 4'x 9'10"Sheets•Trapezoid 3'-i 1.1/2"x 10'Sheets•Fractured Rib 4'x 10'Sheets•Fractured Fin i ,, libihis . , .. \ �ti ., Si1'tier . FORM FORM —1' r. 3e i j —{ I 2''' FORM --I r1%:' {i4'to 1 i t,. Mr�r�nrvr'��. CONCRETE 's .r T CONCRETE k3'.' irregular CONCRETE varies : 4 STRIATED DESIGNS ` No.362 No.367 < 4'x 9'-10"Sheets•AZ D.O.T.Random Reveal 4'x 10'Sheets•VA D.O.T.Fractured Rib No.i o 4'x 10'' Sheets " it ?s' ` Striated Sinusoida ave Pattern -_\ iii 3 I !i 1111111h111.- FORM Ripped 2x backup sups required - FORM Tie 5' 2- 6- ®r-t3-® 7" 1'L ///``��� /�y� 1-1. H H ,..-4 H ,--4 h-1 H T t• __I1 ---- �,�" IV?' r 2- r' r 6- 4- 1'k" -' V -T.= CONCRETE CONCRETE •, No.368 AGGREGATE DESIGN 4•-1"x 10'Sheets r Trapezoid with Aggregate Face ef No.360 ,- x 10'Sheets•River Bed Aggregate L► Call Greenstreak regarding '.` 1;"'-;.•,..,,,.-,-..,-.,774,441 �' random striated patterns Jo Ilibi H Backup stops required FORM —I- 3/8- COVCRETb `4 ¢t 2' _� 1! This symbol is shown on profile WOOD DESIGNS kb., drawings for patterns requiring back-up strips in Rigid Polymer "—�7 .�-•_•_ No.344 }M� ..� 7. 4'x 9' 10"Sheets•Weathered Random Boards grades. The back-up strip is neces- - -• -f t sary to prevent deep reveals from '� �� - deflecting due form pressures. ��Y .z�-t -'~t i- Other patterns 'lay require back-up a,-• ..•ram`----a+t+i t --"1 \`•l • r strips, results r the pre construction :z.. ' �`�" . .71 mock-up shall dictate necessity. .ram 1 t --� ,i.; •_-.— FORM �t:Tesat `�-Z • —— : 6'„ 9':�' 6" 10" 7Ya"�8'/2 I:r'", 'rj'"'- ' - CONCRETE All dimensions nominal NMASONRY DESIGNS No.341 4'x 9'. 4'x 10'Sheets•8"Split Face Block 4'x 9134 10"Sheets•Weathered Boards No.330 _ 10'x 4'Sheets•Ashlar Stone �. FORM VARIES I a- I7le•1I— CONCRETE —18'TO 1 114' VARIES VARIES 21,2 TO 9" 1,2•To 1 1/4• No.381 No.351 10'-1"x 4'Sheets•Shadowtex Brick 4'x 9'Sheets•Random Rough Southern Yellow Pine Boards with Random Reveals "l.336 ..�- - `;'x 4'Sheets•Split Face Block ` �: - ' —I �6• — FORM 11444/149114.8041404440100, 3/16'I 1�r 2> `, - 5vi•1- �47ft- 83,.- 4'h- 6'4 3►tr 16"x 2-5/8"joint spacing 11 2 5/8' I 1� (PR) I -"�W I-- CONCRETE j` �� No.363 4'x 9'-10"Sheets•Weathered Tongue& Groove Boards No.337 FINISH DESIGNS - , 9'2"x 4'Sheets•Slump Block ,. , .. - '..• 4'x 10'Sheen•Smooth Face �,; _ _ - ' • FORM v:'ter I-e---1 - 4"x 16"joint sparing -{ - --Aid CONCRETE L I ,_. _ T— �:' No.349 SHIPLAP 4'x 10'Sheets•Light Sandblast Finish No.357 No.338 4'x 10'Sheets•Shiplap 9'-2"x 4'Sheets•Rough Brick F. `4 �� -i I-Mns - T i 3,I6- 6 - 0 _ a (1111110/. . lTI1iCbnea / rct f - óhcñtef .....,„ ' s:. in 078 u For Exterior & Interi se � ; L .- ram�� .�.. F' 1/ lk 927 (1116111110 NTS -. -- OM"MN MI• ACC. OISCL•n(.t ' 1 Me'OM of this•tolO>a II y°vrtso by Illy•TOO sef'. No.Crplfy of any...Ina is NO0 flpiny.r llq Practice • 7.001 O•Ma.y ro r0•POINIyl1If / . Ta00T Ion any Ot/OG.Ol.g toy0l. - '--_ - _- 1Ly1.7 Ip(Itpll.l 1,1 fs YNr1U y >ins<plvMSlpl.f MIO O/p1..Ia f0 L______ __ - _ ___-_ OIIMr I.t.p/•S.I.r Ine.rr.et rOWlt•S.t1aOO•s/Ow1111q ffya IIO WM. (111Per • S 150 a N a o nnu . o 15 + 15 �]n 0 30 :° _,333. 11 12,-- r rn S o o; l� Nr, azi ' - n 0' 0� �w z p 0 — el:' ' I16- oa ° c _.11 -- - 0 m aIjall Ir 1 €s u zg T. °3 y . ; 1 •" n , 3: n r. 00 7n o M 0 BOO.. o L g; f'. " °3 ° E• -004R 580 o:a� 8 8 8 3q I a] o <[ �• � .o �o-pm 33. O. oc- °8m r moo I I 1�4Y,R_•3 Mfg t-� _- -__ I I 45_Bolt Projection • 30 o R ;.no o , O "O . y 3030 fs= 400 Min II ..�-�.. o"° ^o 1 0 _ .n J 8N -., _- a o i r -o/n t o 32 41:: 32 �I pr 054 - i. -� � 'Vjr�f'` rn rr- 1 o o - lc 'o 1=e z m - -4 C II VI. m D o o °w N oEX f0y1 p -- o - NN -_I zoo n n•1 = 3& ° M o i —1 (ry o: 130 : 130 +._ - p -. n _ _ " ° d" Ii! amo Z % °e pI.620 °8 oe r- E 9 - - p ,, " 9" N oN I --- 700 920 n0 4;a V3 mz :.-, ac G. -n • u ° o1 Ni 1 25 230 -3, �'1 88g a- 10 a< u oo 8 A n • I i °f I o r - 45 J- 3_ - 2a2 g q r Io " c °� e o D ' I '{ie0r r 9 l - 10j; I I op i..4_I` o I 745 ,i r i- wo r Qi oo pti= : B I HS I • u 'o Yo sm Q o..= � 383 a 9°. tw o ° RO "� vo O• m °8 o]' f — O5 Np 00 T ~N ft.' R or. CO ISO ; y :� C_ q. o �,t • 2_q p a ,I n 170 - r 8• .R < C I 1.060 I !I.- S nip I oz., y II 't' 'I oill oz N on a. ° nB.Q n 8,70 3 o' ii2 9 o§eg e = 1Bd Y A 3= 0'03- -ogi4►":B:R3-'g^q :girtP: 13Rpo.°1�8i _ oo9� ii2gli �_ B-.R.-g7f4;r ax-r3e ZoRili'°�Y.3- p"y;x;.s D - Ii:;:',' " f� �N 8 o onRo n�y�rQ a71:1By M, o�^s"9R :i.•77SS y78 , "''''lG .2.. o'. 1gg-gc4 a .2' zg^I ^...,.„,,C401110 r TOCk .el° on 9a CO yy3 QQ .1 r '••I w 3 0.. °. :i �'30•S:wca R] • ;ggy , ,_ nX" 21 100_ 920 3$ �• JNE�'�1 gc'8 �:x�$my� 9 �q. o2 be R ioo 3$ ign Ii}Iii * tom•' iJ o;8 �--;a q°: 1 31,il :i ° 2 p o� a N .� E Rp� � �i w =e8__45;= •R Rap II ni f r ; ° Ilia 88< � y3-on20 �BYNc io'+ - v t_. 3 q : R3; ._or--. 853.-� ,. i . ° 2 11 8 .38.`0' > 38i. q 3iidli R'i$'s"$V i lyl f p a*OO Zf ZFFy�L L . a� r 7riN7 rR r �5i bR Rig w $ N o_ i- ao �. r ► _ 74 , ^ =•- N� y rn 1 no Q a.......:.;11,_ ,,, ,s. ,_ z . IF:: A 13 iti-. r- . . 4. .- -.A f2 A — ii 7— • ,., ,..77 3.< 0' 141 ir:- 1. \ t � o -Q ya 1 I. I r �R �Fv baNFfef. s 'g:? I » ax 8R^ - g 8". V La £ -.F ,yRRF . Oe At!i-Zi WWII 1. �44�44''�.ppp 1 p•:N v f =e STACGCR w[LB LOCATgNS 1 < �t9 bo YJ/ S SPA•b-•/• %i•/- IYC1M.MESH(A811K _ I 7p p��c(Isl 5 VIP r c fEYCE 1 ;3 2 �T-1FAY�WG VI[T S'/t'/- � SPA•b-•/- 5-/i-v A AL A K S R ISEE wuo oETUL s�EET $ I +h .fl.1' _ as 1 1l-j $ • o � F € r71 • • / • J =8 1 ♦r♦'cc��%4. ks, An !i Z • " . - 1 1 � � I t `I O, - _ I. � OOn)—_ 1 S,_.41 C V L (mil _Cp..._— Mn s c IA •� I5 �. ^O_. J A1 {1:7, Z r . . .; ` rrn- R f: - �A gin ni . : :(-7,- --, _\, ^-- \i 1 F, c \ `� rox C) iE A �� g$ N Fo b:I ,.. .._� j; ng N O .' Nn • }Ljl T«�wild is 3w g' ^` Q: co -- —{? c aT: Rog - bF : = o I--- ng T,_ o' - N G lid/lam k ^ — -.----.- —-- .. II— .. w w to '� So �; . Oi 7" Z § 1 G �\ Oy 4 j I 2.... / O llA3 D l x I �•.s- w,- 1 R• R e 2.I �'/i c"...- ig _L..� �_ e`E_POSI .clan — -^._ '�-I I r•e rErcc"cc"' 0 ri: g =. I q'•�'YW ABOVC BASC d RN S^_ .... ^r : .:1:i ems/ (� 8! �F � Rid 6 ; City Stone II ox3:ox6 SQ.FT./BUNDLE 38 L PCS/SQ.FT. 6x3 8 6x6 4 \BUNDLE 8x3 200 9"� 6x6 250 ONlBUNDLE6X3 2 /6 6X6 i C SQ.FT/SECTION 13 '3i8"THICKNESS ONLY 23/5 ox9 10. \�� SQ.FT./BUNDLE 94 y b , T PCS/SQ.FT. 2.6 /6 PCS/BUNDLE 250 �'� SECTION/BUNDLE 5 SQ.F.T/SECTION 19 2 3/8"THICKNESS ONLY ,t•-•••i , `��1 ' COLOR: Antique Red PATTERN:Herringbone s f : - • r?.4 a � I :.4' iliCil. ---j_114 11. t ' il • • c `- =.ter= i�/ + ,,: ��_ 1_ ��" ' 1. � - • -� C• ' o- ` COLOR:River Red PATTERN:Herringbone L -+_-- COLOR:Pewter City Stone Ill SQ.FT./BUNDLE 80 PCs./SQ.FT. 1 PCS./BUNDLE 80 SECTIONS/BUNDLE 4 SQ..FT./SECTION 20 r 2 3/8"THICKNESS ONLY 2 3/8. 1. L .._ n _ .2 , _-1 Sian \ one OGLES 1/?SQ. ___L . _ . 7_2_ ..\ , ,, , ____ _:., 100 100 ,_ 6("*,) JL'L ' , - -. 16.7 BDL. >..,ONLY ONLY •t . • ! e COLOR: Charcoal PATTERN:Random Mosaic { o,t' " : 77?''.L :.i�• i7;.:__--.4 1 .:::.: 7_,1__. .,,....1 -., „...,_ . :;... i .... _ ..__ :.,..it ,..____.__.._,:.. ..mie.f.:„.„....",..„ ., _ ..._„...:,_.,„4:::,..:._:.. ;7 f- Jy c a(�L 1"zr �� ; • • i f y� - -- , «, 40,1 die F I, - - - ,., Mosaic L tall?' 1k From: Wallace Ewell To: JTILLY Date: 5/10/99 4 :14pm Subject: Signal Poles: SH 114 in the City of Southlake CSJ: 0353-03-053 -Reply John, if the City of Southlake wants to request permission to use special non-Tx-DOT standard poles, it is their responsibility to get the cost info and the proposed design and send it to us for review. We don't have this information, they will have to get it from the pole manufacturers. If this work is on the state system, they will also have to sign an agreement stating that they will be responsible for replacing the poles if they get damaged or knocked down. We do not maintain non-standard poles. >>> John Tillinghast, P.E. (John Tillinghast) 05/10/99 02:59pm >>> Wallace, The City of Southlake has requested various enhancements for the SH 114 project at there own expense. One of these enhancements is using "anodized" signal poles for the intersections of Kimball Ave and SH 114 and BS 114L and SH 114. Please furnish this office with any cost figures associated with the use of anodized poles as soon as possible so that these figures can be forwarded to the city for a final decision. This project is currently under a concurrent (we review in Austin for an August letting, and any changes that need to made need to be completed by the end of this month. If you have any further questions, contact John Tillinghast, P.E. at ext 6594. John Tillinghast CC: AABUKAR, RPARIKH • • 5-07-1999 1 :57�r-t FPCt.1 P. 1 VIUI LV VV 11%1 lV.LV JAL lIV J1._1Y JJ I lilt I1V. JIL 1VJ1V1 1 . V/,VJ I • ?' • AA r 1X' CoMMISSloN STATE DEPARTMENT OF HIGHWAYS (NGINEER•DIRr:CTC ROSC11T►t DCDMAN.CHAIRMAN AND PUBLIC TRANSPORTATION ARNOLD W.O lvER. RAY STOKER, JR. DL 4ITT C.GREER STATE ItIC:Hv1A1 PLUG. "--'-' WAYNf•.O(JDOLESTEN IiTH£Sxwzt>,. ♦LSYl'.Tl1A}11101•LJ) January ui8 , 1990 CONT*OT. HAT C•. .. . . ... wig. ornamental Traffic Signal Poles I o f= ma •otrapo: 3 The Honorable Glenn Repp "' � � • From: ��`� c State Representative Co.: Co.: 215 E. Freeman, Suite 100-A '7- Duncanville, Texas 75116 Dept.: _ Phont �j�;31 S7 Dear Representative Repp: Fax l - Fax ti RCPXti Thank you for your November 27, 1989 letter congratulating me on — my new assignaent. I look forward to a long and close association With you as well. We both have similar goals for Dallas county as well as all of Texas. We both would like to sea a safe, efficient and beautiful highway system for Texas. In regard to the ornamental poles the developer of Centreport has requested, we have many reservations concerning the use of these poles and mast arms. The following are some of our concerns: (1) The poles are not a good expenditure of State tax dollars. They cost five times the cost of our standard designs. (2) The foundations and anchor bolt spacing is different and, therefore, not interchangeable with standard poles. (3) The designs vary widely and require expensive analysis and evaluation for each type. (4) It is not cost effective to maintain a stock of each design in case of a knock-down. Many of the locations at freeway frontage roads will eventually be turned over for State maintenance and operations. (5) The target value of the ornamental poles and mast arms is not as good as the standard poles and mast arms for high speed approaches (those over 40 mph) . Post-It"Fax Note 7671 Date Pa9C --r celf0a /6 / COnDeW CO .L'/7 S7 v !'K A. / Phone 11 Phew;N e L 1- toSb 7+ t 4 Fax a Fax lr I mi ' 58ar, -:17or P. 2 V.V 1!V V l t Il_ I t V V t V t The Honorarae Glenn Rapp �' '�` January ltf, 199U (6) This goes totally against our efforts to have uniformity in our design of poles and arms so prices would come down and stabilize and fabrication times would be reduced from 1 year to a more reasonable delivery time . (7) These poles and mast arms are much more susceptible to vandalism. As a result of these concerns, we have developed the following guidelines concerning ornamental poles and mast arms. (1) We will allow the installation of the special poles and arms where the State will not be responsible for maintenance of the poles and arms . (2) Where the City will be maintaining the special poles and mast arms, the City may furnish the special poles and mast arms at their entire expense. The State will pay for the foundations. The City shall enter an agreement with the State in which the City will always be responsible for the maintenance and the replacement of the poles and arms in the case of a knock-down, even if the State should take over the maintenance and operation of the intersection at some future date. The City will furnish the Bridge Division the designs and the entire calculations necessary to determine if the poles are safe. (3) All poles furnished shall, use one of the foundation and anchor bolt spacing designs as shown on the state ' s standard "Traffic Signal Pole Foundations" sheet. Use of an adapter ring will not be acceptable. Concerning the past approval of ornamental poles and mast arms, they were used once at the intersection of SR 114 with O'Connor in Irving simply as a test case and the project ended up with a 454 overrun. The overrun was attributed to the ornamental poles and mast arms . The ornamental poles and mast arms proposed for use on US 75 in Dallas generally comply with the above guidelines. Concerning the Centreport developer' s request for -these special poles at SH 183 with Amon Carter Boulevard, this particular intersection does not meet traffic signal warrants as yet, and therefore, is not eligible for any traffic signals at this time. The location at SH 360 with Trinity Boulevard is a candidate for the poles if the City is willing to meet the requirements stated above. SH 360 with Trinity Boulevard is scheduled for State maintenance assumption in late 1991 . • I4, - 11 City of Southlake, Texas MEMORANDUM May 14, 1999 To: Curtis E. Hawk, City Manager From: Ron Harper, Director of Engineering Services Subject: Schematic Designs —Town Hall Action Requested: Consider the schematic designs prepared by GSI Architects and David Schwarz for Town Hall. Background Information: The architects for Town .fall have been developing the schem?tic developing floor plans for this facility. The architect has met with City and County staff and City and County elected officials to determine the final layout of functional areas and spaces. The submitted plans do not reflect several recent discussions relative to providing administrative space for the library on the third floor. This space would be located in the area shown as County Expansion. It is anticipated that by the time the County needs this space, the City will have constructed its ultimate, stand-alone library. Financial Considerations: The Beck Company continues to Value Engineer these plans to ensure construction within the approved budget. Upon approval of these schematics more definite cost information will be developed and presented. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: Staff will forward any suggested changes to the Architect. Supporting Documents: Schematic Design Plans 11A-1 v. 411111.' Staff Recommendation: Staff recommends that these schematic designs be approved and that the Architect be authorized to proceed with design development and construction documents. • Ron Harper Director of Engineering Services Approved for Submittal to City Council: (..... A City Manag• s Offic 1 1p L 11A 2 05/13/1999 02:38PM FAXCOM PRUh UUZ OF UU" City of Southlake LIP/ _'T_ City Council Agenda intimo' 5. ; as requested by a Councilmember if you wish to include an item on the City Council agenda,please complete this form and submit to Sandy LeGrand, City Secretary, at (cast 7 days before the council meeting. Proposed Agenda Item: Discussion of the potential establishment of ioint CISD/City Focus Groups regarding the Stadium, Natatorium, and the three upcoming schools. Date of Council Meeting: May 18, 1999 Request from: Rex Potter/(817)488-1760 (name and phone number) Please provide any attachments/handouts you want to include in the council packet with this request. Council items are determined and listed on the agenda the Monday-week prior to the council meeting so it is imperative to have the submittal seven (7) days before the council meeting. If you have any questions,please contact Sandy LeGrand at(817) 481-5581,ext. 704. For Dice Use Only Date Received: Item will be included on agenda for council meeting dated: Item assigned to consent/first reading/resolution/other items for consideration/other items for discussion,item number CI Copy to City Manager M:1WP-PIL 4'I1-YS[7CWORMS1U0IE14)MDD.Jtx: L 11B -- I 05/14/1999 03:34PM FAXCOM rHuc uuc ur YVd p � C� CpV (re May 14, 1999 ':: 4 OFFICE OF CITY SECRETARY., To: Honorable Mayor and City Council Members From: Rex Potter,Council `[ember, Place 1 Subject: Discussion of the potential establishment of Joint CISD Council Focus Groups During my recent political campaign, i consistently heard concerns from our citizens that they believe that our two governing bodies (CTSD and Council) are not effectively working together. Although I am new member within this distinguished Council. I believe that we have considerable room for improvement and I would like for us to take near-term steps to demonstrate to our constituents that we arc working to improve our relationship with the CTSD Board. With the CTST) Board of Trustees meeting on the 25t and the new Trustees taking their oath. I believe that it will provide a positive gesture on our part to attend the ceremonies and congratulate the new Trustees while expressing our desire to the new CISD Board and their staff that we want to explore ways to improve and enhance our relationship. I encourage each ol'you, where possible, to attend the meeting. (81., Next, i would like to request this Council and the CISD Board to consider the creation of Joint CotmciliBoard Focus Groups to address the implementation of various upcoming projects that will significantly affect our two governing bodies in the near future. 'these Focus Groups can work towards mitigating the impacts of the project to adjacent homeowners and surrounding areas, addressing potential development issues, improving coordination between the CTSD and City representatives, improving the communication of related inlbrmation to our citizens, while taking steps to enhance the overall quality of the individual projects. These Focus Groups should work in concert with the Joint Use Committee. but not overlap their responsibilities. I've attached a summary of my proposed approach with upcoming projects to consider. With your concurrence, I will propose this approach to the CiST) Board at their next meeting. I'm tentatively scheduled to address the Board on the 25th. If you disagree with my suggestion,then it is not be a problem to have the item removed from their agenda. I recommend that, upon receiving go-ahead of this approach from both governing bodies, our staffs present a more detail plan to the Council and the Board at each respective meeting. At that time, we can appoint representatives and assign the necessary stall' members. Lastly, Jerry Lawrence and i arc trying to set-up a friendly co-ed game of softball between Council,Board, and our staffs. \Ve arc in the preliminary stages of our planning • 113--2 ua/1'+/1999 US:SKNM t'HALUM rr-gva. vv.i ... ..— Page:of3 hut I wanted to get your thoughts hetbre moving out. If everyone is willing to play,Jerry and I thought it would bc fun to have Jerry and maybe some other Trustees to attend our nett Council meeting and they challenge the Council to this friendly competition. The time and place of the game is to bc dctcrnuncd.but. hopefully. we can host this event in the June. If we are in agreement, I will continue to work with Jerry on the specific arrangements. In summary, I believe these actions will scnd a positive signal to the CUS1) Board. our staffs, and to our constituents that we arc making the extra effort to work together as one community. If you have any questions.please give me a call. Regards, (or 11 -3 05/14/1999 03:35PM FAXCUM rMuC uu" ur uu7 i Pap;3 of 3 Joint CISD/Council Focus Groups Objective: To establish a Joint CISl7,Council Focus Groups to work together to mitigate the impacts of the project to adjacent homeowners and surrounding areas, address potential development issues, improve coordination between the CISI) and City representatives, improve communication of related information to our citizens,while taking steps to enhance the overall quality the individual projects. Membership: Consists of two members from each governmental bdy, one citizen at large,with appropriate respective stall assignment. Duration: Set-up the Focus Group now and continue to operate through the completion of each project or as determined by the Focus Group. Meet at times and frequency to he determined by the Focus Group. Feedback: Periodically,the respective representatives shall give status updates to the Council/Board. Project t'1 CISI)Football Stadium Project 42 C(SD)Natatorium Project#3 Construction of three new CISD Schools Potential Issues to Address: (1) Road Construction and other capital improvements (2) Traffic flow (3) Building placement (4) Drainage (5) Noise (6) lighting (7) Entrance and exit to project (8) Landscaping (9) Buffer yards (10) Impervious coverage (11) Signa.ge (12) Fencing (13) Traflic lighting and speed limits