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W W W o O a C9 O W W W W o W Q LL LL LL F- Q LL LL LL LL H 00 0 c d E rn c m 0 rn LL City of Southlake, Texas r MEMORANDUM July 25, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Award of bid to Choate Irrigation for irrigation improvements at Chesapeake Park. Action Requested: City Council award of bid to Choate Irrigation in the amount of $38,776 for irrigation improvements at Chesapeake Park. Background Information: Chesapeake Park is an 11-acre neighborhood park acquired through park dedication and currently under construction. An SPDC matching funds grant was approved in February 2000 with Vista Oaks Development for the construction of Chesapeake Park. Developer costs for the matching funds grant, in addition to the park land dedication, was $125,114 with the City match at $35,794. Due to the lack of progress and quality of work provided, the City took the project over in March 2001. The developer paid the City $35,826 to cover the costs of final grading, irrigation, and landscape installation in addition to the $35,794 in unspent matching funds. Project completion is scheduled for this fall. The irrigation plan prepared by staff will serve the park as well as the 3-acre area obtained through a joint -use agreement with St. Martin -in - the -Fields Episcopal Church for soccer and ballfield practice facilities. The City received and opened three bids on July 17, 2001 in accordance with State bidding procedures. The bids on the project ranged from a high of $56,484 to a low of $38,776, with the low bid being submitted by Choate Irrigation. Choate Irrigation is the second largest irrigation firm in the country and is currently installing the Vaquero Community and Golf Course irrigation. Choate Irrigation is a certified installer for both Rainbird and Maxicom. Projects are completed with Frisco ISD and several general contractors for related work. Choate has a reputation for professional and quality workmanship. Financial Considerations: Funding in the amount of $71,620 is currently available in the FY 1999-00 SPDC Community and Matching Funds account and through 5B-i r Billy Campbell, City Manager July 25, 2001 Page 2 Im IM the payment from the developer for the completion of Chesapeake Park. Irrigation costs were estimated at $40,000, leaving $31,620 unencumbered for final grading ($12,000), hydromulch ($15,000), and contingency ($4,620). Citizen Input/ Board Review: SPDC approved the award of bid to Choate Irrigation (6-0) at their July 23, 2001 meeting. Legal Review: The City received and opened three bids on July 17, 2001 in accordance with State bidding procedures. Alternatives: Approve or reject bids as submitted. Supporting Documents: Bid tabulation. Staff Recommendation: City Council award of bid to Choate Irrigation in the amount of $38,776 for irrigation installation at Chesapeake Park. 5B-z I Billy Campbell, City Manager July 25, 2001 Page 3 City of Southlake COMMUNITY SERVICES DEPARTMENT BID TABULATIONS PROJECT NAME: Chesapeake Park Irrigation PROJECT NO: 00302001 B DATE: July 18, 2001 WORKING DAYS: 30 Calendar Days EST.: $ 40,000 BIDDER BIQ'. BID AMOUNT ;BAND Choate Irrigation Yes $38,776 Carrollton, Texas 75011 Irricon Yes $39,814 Plano, Texas 75086 Sprinkle n Sprout Yes $56,484 Roanoke, Texas 76262 06-63-0003 5B-3 Y City of Southlake, Texas MEMORANDUM July 25, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Award of bid to Sturdisteel Company for bleachers and approval of Change Order No. 1 for additional bleachers. Action Requested: City Council award of bid to Sturdisteel Company in the amount of $14,452 for the purchase and delivery of thirty-two bleachers for Bob Jones Park soccer fields and approval of Change Order No. 1 in the amount of $2,616 for six additional bleachers for a total amount not to exceed $17,068. Background Information: The City received and opened seven bids on July 17, 2001 in accordance with State bidding procedures. The bids on the project were separated into two categories (bleachers and player benches for Bob Jones Park soccer fields) with the City reserving the right to award the low bid in each category. The bids for the aluminum bleachers ranged from a high of $25,760 to a low of $14,452, with the low bid being submitted by Sturdisteel Company. As a result of the excellent pricing, a change order in the amount of $2,616 for six additional bleachers to be used at the Tennis Center (4) and Bob Jones Park (2) is also recommended. Sturdisteel Company is located in Waco, Texas and has a good reputation for quality bleachers. The City has previously purchased bleachers from Sturdisteel. Financial Considerations: Funding in the amount of $35,000 is currently budgeted in the FY 2000-01 SPDC fund for the purchase of bleachers for Bob Jones Park soccer fields. The combined low bids (bleachers and benches) and including the change order request equal $23,794.20 leaving an unencumbered balance of $11,205.80. Citizen Input/ Board Review: SPDC approved funding for the bleachers at their September 25, 2000 meeting as part of the SPDC CIP approval process. Staff has met with the Grapevine Southlake Soccer Association regarding the number and type of bleachers and benches being provided. 5C-i Billy Campbell, City Manager July 25, 2001 jPage 2 IM SPDC approved the award of bid and Change Order #1 to Sturdisteel Company (6-0) at their July 23, 2001 meeting. Legal Review: Process followed State bidding procedures. Alternatives: • Approve or reject base bid for bleachers Approve or reject Change Order No. 1 for bleachers Supporting Documents: Bid Tabulation (not attached electronically - hard copy only) Staff Recommendation: City Council award of bid to Sturdisteel Company in the amount of $14,452 for the purchase and delivery of thirty-two bleachers and approval of Change Order No. 1 in the amount of $2,616 for an additional six bleachers for a total amount of $17,068. 5C-2 City of Southlake COMMUNITY SERVICES DEPARTMENT BID TABULATIONS PROJECT NAME: Bob Jones Bleachers and Benches PROJECT NO: N/A WORKING DAYS: 60 days DATE: July 17, 2001 ENGR. EST.: $ 35,000 Sturdisteel Company $14,452 No Bid $14,452 (Bleachers only) P.O. Box 2655, Waco TX 76702 R.J. Thomas Manufacturing Co., Inc. No Bid $6,726.20 $6,726.20 (Benches only) Cherokee, IA Modlin Recreation No Bid $7,264 $7,264 (Benches only) P.O. Box 50048, Denton TX Hunter Knepshield $16,800 $8,000 $24,800 P.O. Box 260677, Plano TX Playwell Group $19,113 $6,400 $25,513 2750 Northaven Rd., Suite 103 Dallas, TX Jim Lea and Associates $25,760 $6,784 $32,544 2109 Brandeis Drive, Richardson TX Paul E. Allen Co., Inc. No Bid No Bid No Bid P.O. Box 271003, Flower Mound TX * * Bid as all or none 06-63-0003 6 C- 3 Y City of Southlake, Texas MEMORANDUM July 25, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Award of bid to R.J. Thomas Manufacturing Company for park benches. Action Requested: City Council award of bid to R.J. Thomas Manufacturing Company in the amount of $6,726.60 for the purchase and delivery of thirty-two player benches for Bob Jones Park soccer fields. Background Information: The City received and opened seven bids on July 17, 2001 in accordance with State bidding procedures. The bids on the project were separated into two categories (bleachers and player benches for Bob Jones Park soccer fields) with the City reserving the right to award the low bid in each category. The bids for the aluminum player benches ranged from a high of $8,000 to a low of $6,400, however, the low bidder on the player benches bid the project as a total bid (benches and bleachers) or nothing. As a result, R.J. Thomas Manufacturing Company of Cherokee, Iowa submitted the next lowest bid at $6,726.20. R.J. Thomas Manufacturing has been designing and producing commercial grade outdoor park equipment for over thirty-eight years. Financial Considerations: Funding in the amount of $35,000 is currently budgeted for the FY 2000-01 SPDC fund for the purchase of bleachers. During discussions with the Grapevine Southlake Soccer Association, player benches were also requested and were added to the bid should funds be available. The combined low bids (benches and bleachers) and including Change Order No. 1 for additional bleachers equals $23,794.20, leaving an unencumbered balance of $11,205.80. Citizen Input/ Board Review: SPDC approved funding for the bleachers at their September 25, 2000 meeting as part of the SPDC CIP approval process. Staff has met with the Grapevine Southlake Soccer Association regarding the number and type of bleachers and benches being provided. 5D-i Billy Campbell, City Manager July 25, 2001 Page 2 SPDC approved the award of bid to R.J. Thomas Manufacturing (6-0) at their July 23, 2001 meeting. Legal Review: Process followed State bidding procedures. Alternatives: • Approve or reject base bid for player benches Supporting Documents: Bid Tabulation (no electronic attachment - only hard copy) Staff Recommendation: City Council approval of the purchase and delivery of thirty-two player benches from R.J. Thomas Manufacturing Company in the amount of $6,726.20. 5D-2 r j A City of Southlake COMMUNITY SERVICES DEPARTMENT BID TABULATIONS PROJECT NAME: Bob Jones Bleachers and Benches PROJECT NO: N/A DATE: July 17, 2001 WORKING DAYS: 60 days ENGR. EST.: $ 35,000 I ... . .. ......... - .......... . BIDDER BLEACHERS BENCHES .......... .. TOTAL BID AMOUNT Sturdisteel Company $14,452 No Bid $14,452 (Bleachers only) P.O. Box 2655, Waco TX 76702 R.J. Thomas Manufacturing Co., Inc. No Bid $6,726.20 $6,726.20 (Benches only) Cherokee, IA Modlin Recreation No Bid $7,264 $7,264 (Benches only) P.O. Box 50048, Denton TX Hunter Knepshield $16,800 $8,000 $24,800 P.O. Box 260677, Plano TX Playwell Group $19,113 $6,400 $25,513 "* 2750 Northaven Rd., Suite 103 Dallas, TX Jim Lea and Associates $25,760 $6,784 $32,544 2109 Brandeis Drive, Richardson TX Paul E. Allen Co., Inc. No Bid No Bid No Bid P.O. Box 271003, Flower Mound TX * * Bid as all or none (40, 06-63-0003 5r�-3 City of Southlake, Texas MEMORANDUM July 12, 2001 TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance SUBJECT: Tarrant County Tax Collection Contract Action Requested: Approval of the contract with Tarrant County for assessment and collection services for ad valorem taxes levied by the City of Southlake. Background Information: Since 1982, the Tarrant County Tax Assessor/Collector has collected property taxes for the City of Southlake. The renewal contract has been presented to the City for collection of the 2001 taxes for the fiscal year beginning October 1, 2001. Tarrant County charges $.50 per financial transaction, defined as a payment or refund on an account. The transaction fee has increased $0.10 from the previous year and is still a very reasonable charge for the service provided. Southlake would spend far in excess of the $5,000 budgeted for this service in personnel costs alone if the tax collection was done by the city. The working relationship over the years with the Tarrant County tax office has been excellent. The contract provides for disbursements to be made to the City when daily collections exceed $100, or at the close of the month. Also included in the contract is a listing of the reports provided to the City. The contract provides that the County may invest the collected tax funds in a manner that complies with the Public Funds Investment Act. There are provisions that allow the City to perform an audit of the County's collection process if we choose to do so. Financial Considerations: If the contract is not approved the City would have to make provisions to collect taxes for ourselves. This would cost significantly more than the cost for Tarrant County to collect the City's taxes. Citizen Input/ Board Review: There is no requirement for citizen or board review of the contract with Tarrant County for tax collection. Legal Review: The contract has been reviewed by the City Attorney. Alternatives: The City could assess and collect taxes for ourselves at a significantly higher cost than what is proposed by Tarrant County. Billy Campbell, City Manager July 12, 2001 Page 2 Supporting Documents: Contract for Tax Collection with Tarrant County Staff Recommendation: Approval of the contract with Tarrant County for assessment and collection services for ad valorem taxes levied by the City of Southlake. § Agreement For The Collection Of Taxes COUNTY OFTARRANT 6 Agreement made this day of , 2001, by and between the Tarrant County Tax Assessor -Collector, hereinafter referred to as ASSESSORJCOLLECTOR, and Tarrant County, hereinafter referred to as the COUNTY, both of whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the City of Southlake, hereinafter referred to as City, whose address is 1725 E. Southlake Blvd., Southlake, Texas 76092. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the City. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: I. SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to collect the taxes due and owing on taxable property upon which the City has imposed said taxes. The ASSESSOR/COLLECTOR shall perform the said services in the same manner and fashion as Tarrant County collects its own taxes due and owing on taxable property situated within its boundaries. The services performed shall include, but not be limited to: receiving information from the Tarrant Appraisal District for purposes of the Certified Appraisal Roll, and monthly changes thereto; providing mortgage companies, property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and rapid deposit payment processing. All City disbursements, made by check or by electronic transfer (wire), for collected tax accounts will be made to the City on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100.00), the disbursement will be withheld until the cumulative total of taxes collected for the City equals one hundred dollars ($100.00), or at the close of the month. II. REPORTS The ASSESSOR/COLLECTOR will provide the City the following reports, if requested: Daily: General Ledger Distribution Report Weekly: Detail Collection Report (Summary) Monthly: Tax Roll Summary (Totals Only) Month End Report Detail Collection Report (Summary) General Ledger Revenue & Expense Report Agriculture Rollback Collection Report Delinquent Tax Attorney Tape (Exhibit A) Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll The ASSESSOR/COLLECTOR will provide additional reports as follows: Other requested reports that require programming: $ 25.00 per hour Other reports requiring computer run-time: $350.00 per hour Page 1 of 4 III. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of fifty cents ($.50) per account. The number of accounts will be based on the October billing roll certified to the ASSESSOR/COLLECTOR by The Tarrant Appraisal District. New accounts added by The Tarrant Appraisal District will be billed to the entity quarterly. The ASSESSOR/COLLECTOR will collect for these services from each entity's collections quarterly. IV. AUDITS The ASSESSOR/COLLECTOR will provide to the City auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in-house tax system computer terminals to assist the City auditor in verifying audit samples of the financial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. If the City elects to have its auditors conduct a "computer system assurance review audit" requiring assistance from ASSESSOR/COLLECTOR systems programmers and accountants, the fee is $660.00 per day, which will be deducted from the City's current collections at the end of the month. V. TAX RATE REQUIREMENT The City will provide the ASSESSOR/COLLECTOR, in writing, the City's newly adopted tax rate and exemption schedule to be applied for assessing purposes no later than 2:00 p.m., Thursday, September 13, 2001. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the City. If the City wishes its collection reports to be itemized as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the separate rates, as well as the total rate. The tax rate and the exemption schedule for each of the last five (5) years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. VI. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes, final Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, the ASSESSOR/COLLECTOR shall immediately notify the City of that fact and the reasons therefore. VII. DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the City shall be promptly transferred to the account of the City at the City's depository bank. Electronically transferred funds incur an additional fee, which will be charged back to the City and deducted from those collected funds. If the City desires its tax disbursements to be made by electronic transfer of funds (wire) the ASSESSOR/COLLECTOR has no liability for the funds after initiation of the electronic transfer of the City's funds from the COUNTY Depository to the City's designated depository. Page 2 of 4 VIIL INVESTMENT OF FUNDS The City hereby agrees that the COUNTY, acting through the COUNTY Auditor, may invest collected ad valorem tax funds of the City during the period between collection and payment. The COUNTY agrees that it will invest such funds in compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the City all interest or other earnings attributable to taxes owed to the City. The ASSESSOR/COLLECTOR agrees to deliver to the COUNTY Auditor all ad valorem taxes collected on behalf of the City for investment on a timely basis. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the City. LX REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the City of changes in the tax roll which were mandated by the Tarrant Appraisal District. The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five (5) years are provided to the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit "B". All refunds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11 of the Texas Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection functions begun and the tax account was at the time of the over or erroneous payment within the City's jurisdiction. The proportional share is based upon the City's percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment. X. DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the fifteen percent (15%) collection fee pursuant to Sections 33.07, 33.08 and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will disburse the amount directly to the City for compensation to a Firm under contract to the City. If the delinquent collection Attorney contracted by the City requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's expenses and proportionate salary will be the responsibility of the City and will be added to the collection expenses and charged to the City. The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent accounts information is provided to the ASSESSOR/COLLECTOR via computer magnetic tape in the exact computer layout as set out in Exhibit "B". XI TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect during the 2001 tax year, unless sooner terminated by providing sixty (60) day written notice, as outlined in paragraph XII. mi. NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. Page 3 of 4 MIL MISCELLANEOUS PROVISIONS This instrument and Exhibits "A" and "B" hereto contain the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed on the day and year first above written, Tarrant County, Texas. BETSY PRICE DATE TAX ASSESSORICOLLECTOR TARRANT COUNTY FOR THE CITY OF SOUTHLAAE: BY. TITLE: FOR TARRANT COUNTY. BY.• TOM VANDERGRIFF TARRANT COUNTYJUDGE APPROVED AS TO FORM *AND CONTENT BY, DATE DATE DISTRICT ATTORNEY'S OFFICE DATE *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Page 4 of 4 s City of Southlake, Texas MEMORANDUM July 19, 2001 TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, ext. 1713 SUBJECT: Resolution No. 01-054; Authorizing the City Manager to sign checks for all budgeted items; requiring two signatures of either the City Manager, Assistant City Manager, City Secretary, Mayor, or Mayor Pro Tem for checks issued on behalf of the City for any item except a payroll check; prohibiting the making of a check for non -budgeted items; and providing for an effective date upon passage and approval. Action Requested: Approval of Resolution No. 01-054, authorizing the City Manager to sign checks for all budgeted items, requiring the signatures, facimile or actual, of two officers named above. Background Information: On August 1991, City Council approved a resolution authorizing the signature of checks issued by the City. Much has changed in the City of Southlake since 1991 and staff has recognized a need to adjust the requirements for signatures on checks written on the City of Southlake bank accounts. Only two (2) changes are being proposed. One is the addition of the Assistant City Manager as an authorized officer to sign checks. The second change is the removal of the requirement for actual signatures on checks issued exceeding $5,000. This revision would allow for the usage of a facsimile signature, or signature plates on all checks issued by the City of Southlake. As the City has grown, the number of checks issued that exceed $5,000 has increased significantly. Please note that the City purchasing policy requires that any purchase exceeding $1,000 must be approved by the City Manager or the Assistant City Manager, i.e. officers review paperwork on large purchases anyway. Removing the requirement for the actual signatures will also allow the City to be more time efficient in distributing checks to vendors. Financial Considerations: None Citizen Input/ None Billy Campbell Resolution No. 01-054 July 19, 2001 page 2 Legal Review: The attorneys have reviewed the resolution. Alternatives: Keep existing resolution in force. Supporting Documents: Resolution No. 01-054 Staff Recommendation: Approval of Resolution No. 01-054, authorizing the City Manager to sign checks for all budgeted items, requiring the signatures, facsimile or actual, of two officers named above. I RESOLUTION NO.01-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY kw OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN CHECKS FOR ALL BUDGETED ITEMS; REQUIRING TWO SIGNATURES OF EITHER THE CITY MANAGER, ASSISTANT CITY MANAGER, CITY SECRETARY, MAYOR, OR MAYOR PRO TEM FOR CHECKS ISSUED ON BEHALF OF THE CITY FOR ANY ITEM EXCEPT A PAYROLL CHECK; PROHIBITING THE MAKING OF A CHECK FOR NON -BUDGETED ITEMS; AND PROVIDING FOR AN EFFECTIVE DATE UPON PASSAGE AND APPROVAL. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That by passage of this resolution the City Council does hereby require two (2) signatures, facsimile or actual, of the City Manager, Assistant City Manager, City Secretary, Mayor, and/or Mayor Pro Tem for checks issued on behalf of the City of Southlake for any item except a payroll check, which may be signed, facsimile or actual, by only one of the five above named officers. Section 2. That by passage of this resolution the City Council does hereby prohibit the making of a check for any item without budgeted funds available, as any expenditure requires prior budget approval from the City Council. Section 3. That this resolution be in full force and effect from and after its passage and approval. PASSED AND APPROVED this the day of , 2001. ATTEST: Sandra L. LeGrand City Secretary MAWDFILESINES991NV.D0C CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy City of Southlake, Texas MEMORANDUM August 3, 2001 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (481-1433) SUBJECT: Resolution No. 01-149, Amending City Fee Schedule to include cleanup fees associated with community usage of Town Hall facility Action Requested: City Council approval of Resolution No. 01-149, Amending the City Fee Schedule to include cleanup fees associated with community usage of the Town Hall facility. Background Information: In the course of developing the Town Hall Use Policy, the Council directed staff to include cleanup fees in the policy in order to provide for resources to cleanup, repair, and/or replace damaged items to the facility during approved community use requests. The policy approved by the City Council includes cleanup fees varying upon the scope of the use request. Staff communicated to the Council that upon approval of the policy a Resolution requesting to amend the City of Southlake Fee Schedule would be placed as a consideration item on the next meeting agenda. Similar to the approved policy, the proposed amendments to the Fee Schedule stipulates the following: ■ States that community usage of the Town Hall is subject to the Town Hall Use policy; ■ Provides that upon a staff review and a determination that no cleanup is required or damages exist, the fees will be returned to the petitioner; ■ And provides a reminder that the City reserves the right to assess additional charges for damages beyond normal wear and tear as warranted. Financial Considerations: The proposed amendments to the fee schedule include the following items: ■ Meetings / Events, No Food and/or Drinks, limited usage of the 3`d Floor Training Rooms - $100.00 per meeting/event; ■ Meetings / Events, Food and/or Drinks, limited usage of the Yd Floor Training Rooms - $150.00 per meeting/event; . Billy Campbell, City Manager August 3, 2001 Page 2 ■ Meetings / Events, Use of the Foyer or the complete 3`d Floor Training Room Area - $450.00 per meeting/event Citizen Input/ Board Review: The City Council approved the Town Hall Use Policy at their July 17, 2001 meeting. The proposed amendments were included in the approved policy. Legal Review: The City Attorney has reviewed the Town Hall Use Policy, and will be at the meeting to address legal issues relating to this agenda item. Alternatives: Approval of amendments to the City of Southlake Fee Schedule as desired, however changes would require revisions to the Town Hall Use policy. Supporting Documents: Supporting documents include the following items: ■ Copy of Resolution No. 01-149, amending the City of Southlake Fee Schedule to include cleanup fees associated with community usage of the Town Hall facility; ■ Copy of a redline / strikethrough version of the City of Southlake Fee Schedule, highlighting the proposed amendments. Staff Recommendation: Place as an item on the August 7, 2001 City Council agenda to approve Resolution No. 01-149, amending the City of Southlake Fee Schedule to include cleanup fees associated with community usage of the Town Hall facility. JE RESOLUTION NO.01-149 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION NO. 99-57; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 99-59; NO.94-46, NO. 94-61, NO. 95-05, NO. 95-34, NO. 95-50, NO. 96- 57, NO. 97-50, NO. 97-59; NO. 99-07; NO. 00-105; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance No. 592 providing for the adoption of fees and revisions thereto from time to time by resolution; and WHEREAS, the City Council with Resolution No. 00-105, set a schedule of fees for certain services; and WHEREAS, the City Council has reviewed the Fee Schedule and has determined that certain fees should be included in the fee schedule regarding community use(s) of the Town Hall facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1. That Schedule of Fees be amended per the attached City of Southlake Fee Schedule. Section 2. That this resolution shall be cumulative of all provisions of Resolution No. 00-105 of the City of Southlake, Texas, except where the provisions of this resolution are in direct conflict with provisions of such resolution, in which event the conflicting provisions of such resolution are hereby repealed. Section 3. That the fees established herein shall be effective upon passage of this Resolution and shall take precedence over any fees previously adopted which are in conflict herewith. PASSED AND APPROVED THIS THE DAY OF .2001. ATTEST: Rick Stacy, Mayor Sandra L. LeGrand, City Secretary CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE SECTION I. Administrative Activities 1. NSF Check Return Charge (amended Res. #97-59) $20.00 Credit Card Return Charge $20.00 2. Cost of Copies of Public Information (amended Res. #98-7o) according to the approved General Service`s Commission Charge Schedule (Attachment "A") 3. Water Customer Mailing Labels (Amended Res. #97-59) $45.00 4. Offense/Accident Report : (Amended Res. #95-5o) Basic Certified Written Certification that no report exists 5. Burning Permits 6. Ambulance Fees (amended Res. #9s-7o): Local Transport 7. House Moving Permit 8. Solicitation/Vendor Permit (amended Res. #oo-iw) 9. Seasonal Permits 10. Vital Statistics: Certificate of Death Certificate of Birth (Amended Res. #9s-34) 11. Wrecker Permit Fee: (Amended xes.x9w) $ 4.00 $ 6.00 $ 4.00 ',E lug $300.00 $10.00 + $1,000 Surety Bond + 1.5 x hourly rate of 2 police officers utilized in the move $35.00 (Co. license) + $15.00/Agent + $1,000 Surety Bond $25.00 $9.00 / 1st copy 3.00 each add'1 copy at time of initial request $13.00 / copy Permit fee per wrecker vehicle $24.00 per year • (waived for contract agency) Permit Fee per authorized driver $12.00 per year (waived for contract agency) M.•1CM01Spacml ProjearlFee Schedule 7-0I.doc PAGE 1-FEE SCHEDULE ' CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 12. Alarm Permit (amended Res. #oo-ios) Residential $10.00 annually Commercial $20.00 annually Apartment $10.00 annually per unit SECTION Il. Community Development Activities 1. Board of Adjustment requests $200.00/request 2. Amendment to Zoning Ordinance $200.00/request 3 Zoning Only $200.00 + $10/Acre 4. Concept Plan Only $200.00 + $10/Acre 5. Zoning and Concept Plan (amended Res. #98ao) $400.00 + $20/Acre 6. Zoning and Site Plan (amended Res. #98-7o) $400.00 + $20/Acre 7. Specific Use Permit $200.00 + $10/Acre 8. Site Plans $300.00 + $10/Acre 9. Amended Plat A - 4 lots $200.00 + $20/Lot/Res $200.00 + $20/Ac-Comm 10. Amended Plat > 4 lots $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 11. Plat Showing (1 lot) $200.00 + $20/Lot-Res $200.00 + $20/Ac-Comm 12. Plat Showing (multiple lots) $300.00 + $20/Lot-Res $300.00 + $20/Ac/Comm 13. Preliminary Plat (Non-P.U.D.) $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 14. Preliminary Plat (P.U.D.) $300.00 + $30/Lot-Res $300.00 + $30/Ac-Comm 15. Final Plat (Non-P.U.D.) $300.00 + $20/Lot-Res M.1CM01Specud PmjectslFee Schedule 7-01.doc PAGE 2-FEE SCHEDULE ` CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE $300.00 + $20/Ac-Comm 16. Final Plat (P.U.D.) (amended Res. #98-70) $400.00 + $30/Lot-Res $300.00 + $30/Ac-Comm 17. Plat Revision _ $300.00 + $20/Lot-Res $300.00 + $20/Ac-Comm 18. Plat Vacation $200.00 Flat Fee 19. Rush Plat Filing $300.00 Flat Fee 20. Plat Extension Processing Fee (amended Res. #miw) $100.00 Flat Fee 21. Two -County Filing (amended Res. #98-7o) $60.00 Flat Fee 22. Extra Plat Page Filing $20.00 Flat Fee 23. Color Mapping (1:1000) (amended Res. #98-7o) $20.00 per map 24. Color Mapping (1:2000) (amended Res. #98-70) $10.00 per map 25. Aerial Photo Print (added Res. #98-7o) $15.00 per photo print 26. Mapping 11 "x 17" plat reduction copies $2.00 per map 27. Mapping (digital tape format) (added Res. #95-34) $140.00 per tape 28. Street Name Change $100.00 per street 29. Park Land Dedication -Raw acreage cost $60,000 per acre (amended Res. #97-50) Fee Calculation in lieu of Park Land Dedication - (added Res. #98-70) Residential - 1 acre/40 dwelling units (40 lots) $1,500.00 per lot Non -Residential - 1 acre/50 gross acres $800.00 per gross acre 30. Zoning Verification Letter (amended Res. #98-7o) First letter within two months of zoning approval $0.00 M.•ICMOISpecud PmjsctslFee Schedule 7-01.doc PAGE 3-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE IL All subsequent letters $25.00 each 31. Zoning Administrator Opinion/Interpretation $100.00 Letter 32. Filing, 4 Certificates of paid Taxes (amended Res. goo-ios) $2/page SECTION III. Public Works Activities 1. Administrative Processing Fee 2 Computer Drainage Study: HEC I: HEC II: 3. Construction Inspection 4. Street Cut Permit 5. Easement Abandonments 6. R.O.W. Abandonments 7. Easement/R.O.W. Dedications 8. Street Light Costs 2 % Actual Construction Cost $400.00 + $10/Linear Foot $400.00 + $10/Linear Foot 3 % Actual Construction Cost $15.00 per Street $150.00 Flat Fee $150.00 Flat Fee $100.00 per Easement Developer pays installation + 2- year operation cost SECTION IV. Water and Wastewater Utilities Activities -(added Res. #98ao 1. Water Meter Fee (Including Transponder) (amended Res. /l98-70) I" Meter $460.00 2" Meter (Turbo)-Sprinkler/Irrigation Only $850.00 2" Meter (Compound)-(Residential/Commercial) $2,000.00 4" Meter $2,500.00 6" Meter $3,700.00 8" Meter $4,500.00 2. Sewer Tap Inspection Fee $75.00 M.1CM01Specwl PmjectslFee Schedule 7-01.doc PAGE 4-FEE SCHEDULE ' CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 3. Sewer Participation Fee (added Res. #95-34) $1,300/lot 4. Water Administrative Service Charge $15.00 5. Water Deposits: Residential Accounts $50.00 Commercial Accounts Established by Utility Billing Supervisor 6. Fire Hydrant Meter Deposit (City Meter) (amended Res. a98-7o) $900.00 Hydro Storz Quick Connect System Blind Cap 75.00 total $975.00 Fire Hydrant Meter Deposit (Privately Supplied Meter) $200.00 Hydro Storz Quick Connect System Blind Cap 75.00 total $275.00 7. Water Reconnect Fees for Non -Payment, Business Days Only: 8 a.m.-5 p.m.: lst/2nd/3rd & subsequent $20/$40/$60 After 5 p.m.: lst/2nd/3rd & subsequent $40/$60/$80 Weekends, anytime $40/$60/$80 8. Water Meter Re -installation Fee $50.00 9. Water Meter Reread Fee $5.00 10. Service Charge - Damaged or Broken Lock, (mended Res. x96-7o) Meter and/or Transponder $25.00 11. Damaged meter and transponder replacement (added Res. a98-7o): 1" Meter $86.00 1" Transponder $150.00 Meter Box $32.50 12. Late Utility Payment Fee 13. Additional or Replacement Recycling Bins Additional or Replacement Recycling Lids (added Res. #97-59) 14. Water Meter Testing Fee (amended Res. aoo-ios) 5 % of Outstanding Balance $50.00 per test M. icM0151meial P%jectffee scheduk 7-01.doe PAGE 5-FEE SCHEDULE ` CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE IL SECTION V. Building Inspection Activities 1. Building Permit Fees (amended Res. #oo-lo5) (Attachment B) 2. Water Well Permit (amended Res. #00-105) $75.00 3. Tent Permit (amended Res. #oo-lo5) $25.00 4. Sign Permit, Permanent Type (1 - 50 sq ft) $85.00 minimum (amended Res. #00-105) Sign Permit, Permanent Type (> 50 sq ft) $1.00 / per each additional sq ft (amended Res. #00-105) Sign Permit, Temporary / Banner Type $25.00 (amended Res. #98-70); (amended Res. #i00-105) Illuminated Sign, Electrical Permit Included with sign permit fee (amended Res. #00-105) 5. Sign Recovery Fee (1-50 sq ft) (added Res. N98-7o) $25.00 * (> 50 sq ft) $50.00 * (amended Res. #00-105) *Plus any outside services required, such as a wrecker, at actual cost + 10 % processing fee. 6. Request for Variance to Sign Ordinance $100.W/ per application set (amended Res. #00-105) 7. Culvert and/or Approach Permit $50.00 (If no active building permit on the site) (amended Res. #00-105) 8. Contractor's Registration Fee (all trades) $75.00 (amended Res. #00-105) 9. Tree Removal Permit $.00 per Permit 11. Smoking Area - Re -Inspection Fee (added Res. #'98-70) $100.00 12. Game Court $100.00 per site plan/application (Includes the court, nets, fencing and lighting) IL (amended Res. #'00-105) M.1CM01Special Projects Wee Schedule 7-01.doc PAGE 6-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 14 13. Temporary Construction or Sales Office (Includes plumbing and electrical permits) (amended Res. #00-105) 14. Inspections outsidg normal business hours (amended Res. #OD-105) $75.00 per trailer $50.00 per hour (Minimum two hours) 15. Reinspeetions (amended Res. #00-105) $50.00 (charged under provisions of section 305.8 of U.B.C. Administrative Code and charged as a result of reinspection for "stop -work orders") 16. Additional plan review (necessitated by changes, additions or revisions) (amended Res. #00-105) 17. Use of outside consultants for plan review or inspections not otherwise included. (amended Res. #00-105) 18. Electrical, Plumbing, or Mechanical Permit (Single trade permit) (amended Res. #00-105) 19. Grading or Earth Disturbance permit (amended Res. #00-105) 20. Fence or Retaining Wall Permit (amended Res. #00-105) 21. Swimming Pool permit (amended Res. #00-105) 22. Spas, Hot Tubs or fountains (amended Res. #00-105) $50.00 per hour (minimum one hour) Actual cost $50.00 $50.00 $75.00 23. Reroofing (wood shakes or shingles used) $50.00 (other materials -no fee for tear off and replacement of roof covering) (amended Res. #00-105) 24. Temporary Electric Utility and Inspection Fee (amended Res. #00-105) M.1CMOISpeciat ProjectsiFee Schedule 7-01.doc PAGE 7-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE IL 25. Temporary "All Utility" and Inspection Fee $100.00 plus (amended Res. #00-105) $2,000.00 refundable deposit 26. Temporary noise exemptions permit $25.00 (amended Res.vi00.10j)_ 27. Request for variance to the noise ordinance $100.00 (amended Res. #00-105) 28. Request for variance to the lighting ordinance $200.00 (amended Res. #W105) 29. Non-refundable plan review deposit (amended Res. aoo-lo5) (Applied toward permit fee if permit provided.) New Commercial $500.00 Interior finish-out/remodel/ < $25K val. $100.00 SECTION VI. Community Services Activities (Amended Res. ##95-34, Res. #97-59, Res. #98-70, Res. #99-57) 1. Building Reservations for Residents - Bicentennial Park and Senior Center (amended Res. #97-59, Res. 1l98-70): Meeting Fees (amended Res. d00-1o5) Regular scheduled meetings (4-12 per year) Regular scheduled meetings (> 12 per year) Other meetings Security and Clean-up Deposit wilding Reservations f©r omarunitv,ll e IL dmnages beyond normal wear and $40.00/year $120.00/year $15.00 per meeting $100.00 (refundable) $,l ns $1.5'� 00 per. ineehng $450 00 per meeting%event *** and .detPrmi ration of no further ht to assess additional charges for M 1CM0ISpedd ProjeetrWee Schedule 7-01.doc PAGE 8-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 3. Building Reservations for Special Activities (amended Res. #97-59, a98-70): (amended Res. #00-105) r Security and Clean-up Deposit $100.00 (refundable) Bicentennial Park - The Lodge $15.00/hr Bicentennial Park T Community Center/— $15.00/hr SenibO Center Large meeting room $15.00/hr 4. Organized Athletic Programs $1,000,000 General Liability Insurance Policy Meeting Fees (added Res. #98-70); (amended Res. #00-105) per paragraph 1 Field Maintenance Fee as per Facilities Usage Agreement 5TV/VCR Rental Fee No charge with reservation 6. Equipment Rental: (Driver's license held) Tennis Racket & Balls (Courts on Hill) No charge Volleyballs No charge Basketballs No charge %. Reservations of Park Facilities (amended Res. il97-59, Res. N98-70): (amended Res. #00-105) Security and Clean-up Deposit (Required only if group of 40 or more) $100.00 (refundable) Picnic Areas (including covered picnic tables) $5.00/4 hrs Bicentennial Park Pavilions Large Pavilions $25.00/4hrs Small Pavilions $15.00/4hrs Rustin Park Pavilion * $40.00/4hrs * (Reservations are subject to certain restrictions as per the Park Use Policy) 8. Reservations for Fields and Courts: Ballfields (No Lights) (amended Res. aoo-iw) Ballfields (With Lights) (amended Res. #oo-lo5) Soccer Fields (amended Res. #000-lo5) Sand Volleyball Courts Tennis Courts (Courts on Hill -Bicentennial Park) (amended Res. #00-105) $15.0011.5 hr/field $20.00/ 1.5 hr/field $15.0011.5 hr/field $5.00/hr/court No Charge M.•1CM01Specid Projeetffee Schedule 7-0I.doe PAGE 9-FEE SCHEDULE CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE ILIn -Line Hockey Court (added Res. #98-70); (amended Res. #00-105) (Bicentennial Park -No Lights) $15.0011.5 hr In -Line Hockey Court (added Res. #98-70); (amended Res. #00-105) (Bicentennial Park -With Lights) $1.5 hr Basketball, courts (added Res. #98-70); (amended Res. #00-105) $5.00/court Field Preparation Fees: Weekday Games $25.00/field Weekend Games $37.50/field 9. Southlake Tennis Center Court Usage Fees Court Usage fees per 11h hour League Fees Annual memberships Junior (18 and under) Adult Individual (amended Res. #00-105) Family (amended Res. #00-105) SECTION VII. Library Services (added Res. #oo-l05) 1. Materials extended use fee (fee not to exceed cost of the item) $2.50 per person (resident) $3.50 per person (non-resident) $2.50 per person per session $75.00 (resident) $100.00 (non-resident) $200.00(resident) $225.00 (non-resident) $375.00 (resident) $425.00 (non-resident) Books $.25 per day Books on Cassette $1.00 per day CD $1.00 per day CD-ROM $1.00 per day Magazines $.25 per day Videocassettes/DVD $1.00 per day 2. Fees Copies/Computer printout $.15 per page (including Internet downloads, graphics, CD-ROM $.15 per grayscale page product information and personal work) $.35 per color page Lost card Non-resident card $2.50 per card $25.00 per card/per year M.ICMOISpecnal PrgjedsWee Schedule 7-01.doc PAGE 10-FEE SCHEDULE ` CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE Section VIII. Fire Service Activities (added Res. #Wio5) 1. Underground Storage Tanks (UST) $100.00 2. Abok eground Storage Tanks (AGST) $100.00 3. UST and AGST removal or Temporary out of service $50.00 4. Changing UST contents $50.00 5. Trench Burning - Clearing Land/Rubbish $500.00 '6. Fireworks (certified events only) $75.00 Per Day 7. Dry Cleaning Operations, non-flammable liquids $25.00 8. Dry Cleaning Operations, flammable/combustible liquids $50.00 9. Explosives or Blasting Agents, use of $50.00 10. Hazardous Materials (Storage, dispense, use of) $50.00 11. Highly Toxic Pesticides (storage, use of) $50.00 12. High -Piled Combustible Storage $50.00 13. Tire Storage $25.00 14. LPG, 25-119 WGC $25.00 15. LPG, 120 -1,999 WGC $50.00 16. LPG, 2,000 < WGC $75.00 17. LPG fueled vehicles/equipment in assemblies $25.00 18. Spraying and Dipping Operations $50.00 19. After Hours Fire Inspection $50.00 per hour 2 hr minimum 20. Private Agency License Inspection/Certification $50.00 M.1CM01Specid PmjectsWee Schedule 7-0I.doc PAGE 11-FEE SCHEDULE a CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 21. Asbestos Removal $50.00 22. Malls, covered $75.00 23. r Motor Vehicle Fuel -Dispensing Stations $50.00 24. Pyrotechnic material $75.00 25. Battery System $50.00 M•ICMOISpecud ProjectslFee Scheduk 7-01.doc PAGE 12-FEE SCHEDULE City of Southlake, Texas MEMORANDUM August 7, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Authorize the Mayor to execute a commercial developer's agreement for Green Meadows Subdivision, Lots 4R1 through 4R7. Action Requested: Authorize the Mayor to execute a commercial developer's agreement for Green Meadows Subdivision, Lots 4R1 through 4R7, a 12.672 acre development. Background Information: The final plat for Green Meadows Subdivision was approved in 1974. Lots 4R1 through 4R7 was platted into seven lots by revision on July 17, 2001 and are located at the northwest corner of South Kimball Avenue and East Continental Boulevard. The subdivision consists of 12.672 acres. Right-of-way for South Kimball Avenue and East Continental Boulevard was previously dedicated. The sanitary sewer line is being installed within the right-of-way of South Kimball Avenue and East Continental Boulevard. The water line exists in the right-of-way of South Kimball Avenue and East Continental Boulevard. This developer's agreement covers the construction of a sanitary sewer line to serve the site. No waiver or credits are requested. This property was platted prior to the park fee requirement. Approval of site plan will come at a later date. Financial Consideration: None. Citizen Input/ Board Review: None. Legal Review: This is the City's standard commercial developer's agreement originally drafted by the City Attorney. Alternatives: Council may approve, deny, or modify the agreement. 1 Supporting Documents: Developer Agreement Plat Exhibit Location Map Staff Recommendation: Please place on City Council agenda for August 7, 2001 for Council consideration and approval. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta 2 4A13'*s k LQTS�4I thr0u�h��.2'� 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 GREEN MEaiDQWS SUBDIVIS(?N� LC3TS 4R''1f�irougiR7, 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 the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years 9 and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; 4 f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition, which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. 5 J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. Il. 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 Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; 201 or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in rA compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build- up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of s any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. 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 9 IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, or any interest herein shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. 10 E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES A. OFF -SITE DRAINAGE B. OFF -SITE SEWER C. OFF -SITE WATER D. PARK FEES E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. I SIGNED AND EFFECTIVE on the date last set forth below. 12 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS in Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 13 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. 14 >! I 1 ' .._.. ... �.. E it 1 ; I vf 4 I D au r C lCAlf IF[1 I• I wo•wmdn•Waa.•rrarexmun•ra•rnr aj I (] •rl•a I O ' S' 1NY rr ust .. >r« r•» x t f 1 1a11 4i I 1 1 II 1 7t — I i wtr•xr .�. a:r J CURVE RAD 105 1ENG IN C:1 047. 00' 291.0{ C-2 {A80. 00' 76I. OI' C- 3 1133. co13{. 66' C { 586. 3G' {83. 13' C-5 TOO. OtT {9. 19' C 6 100. 00' '.-91' UE1. TA CIRB[D•� CN. REM ]NO 19• 49' 23• 291.l8' S25. 26- 06• E 3. 20' 17• 280. 937 SIB•{2' 23•E 6•{8' 35• 134.5 B' S2{•{6' {e•E {7. 12' 50• 469. 58' S66. 1{' Jl'W 28. 1 I' 09• 48.7 ' S75•56- 3{• W 3.21'.18• 5.91" S01•39'31•E •r• � _.. A._r •�.. .. .. .rrwwl.. w..rr I le1310 A FMTGN R WY LOT E 1 ND AOMNNI SY •E ANO F. e { MOLAttlN OF STAT: lAE AND, «[«iK AIO a 9rA1.ECi To I[Ea MD aONb.DNf1 of uTulEa AN818DPe PEMa- TE OEI[AS O RL CORER LOTS SNALL I«SRYI —T TNOwq.ES « ACCa1DA•[2 «M TIE CITY ACONR[1 OOSIAIAZ. 1^ -I't6 APPROVED 81 1 KARAM 8 ZONING CMM3 u Jo J• 8' DATE: P 6 Z SECRETARY: A FED -+r t) zuu 1 APPROVED BY IM MY COUPCL DATE: MAYOR: CITY SFCRETMY: .GIs �•qr� IaAa • Ivoe to[,oa Lwe MM EIEJW LOTS 4RI — 4R7, GREEN MEADOWS SUEDIVIS/ON BEING A REV/S/Oh' OF LOT 41?, GREEN MEADOWS SUBDIVISION AN ADDITION TO THE CITY OF SOUTHLAKE AS SHOWN ON THE PLAT RECORDED IN CABINET A, SLIDE 5224 PLAT RECORDS, I'ARRANT COUNTY. TEXAS AND A[ao 9E INO 1N INE C. 9. IWeeED'"A Y. YaIRACT — 1015 ASO 1NF J. A. IIINAN SDIIVEY, MSIRACl - al'a TMNANT CU«IY. " AA DIVIDING ONE LOT OF 12.672 ACRES INTO 7 LOTS PLAT PREPARED MAY, 2001 CITY CASE NO. ZA 01 —050 _MILLER SUR1/EYING, INC. u,.RnDPII,YAa>z --- P. O. S0[ F. •b NIOSIIIqA T. I[a.... CeIEYYLLF. �1%N TE051 EI•]E: YFAO ..... 1E .. STI-IINt T.V: DL [t7-aUl-I•N S.IE .-17-OI 000}} 0AtI�T� 1111S r _Af FUM IN CADINE7 , SUDE .DATE ---------- -------------- Green Meadows MEMORANDUM August 3, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-036, Appointment to the Crime Control and Prevention District Action Requested: City Council appointment of four (4) director positions to fill expiring two-year terms to the Crime Control and Prevention District. Background: The Crime Control and Prevention District is governed by a board of seven (7) directors who are appointed by the City Council to serve staggered two-year terms that expire September 1. Currently, positions occupied by Frank Pittman, Lou Ann Heath, and Martin Schelling expire September 1, 2001, and there is a vacancy left by Peter Gaal who resigned to run for City Council that also expires September 1. The City Secretary's office has received applications for reappointment from Peter Gaal, Frank Pittman, Lou Ann Heath, and Martin Schelling, which are attached for your consideration. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-036 2) List of existing directors 3) Applications Staff Recommendation: Make appointment to fill four (4) expired positions. RESOLUTION NO.01-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code, Chapter 363.051 (The "Act") authorizes a municipality that is partially or wholly located in a county with a population of more than one million to create a crime control district within its jurisdiction; and, WHEREAS, on November 4, 1997, Southlake voters approved a proposition to create the Southlake Crime Control and Prevention District, dedicated to formulating crime reduction programs and the administration of the one-half cent sales and use tax collected for the support of crime reduction programs authorized by the city; and WHEREAS, Section 3 63. 10 1 (a)(b) of the Local Government Code states that the District is governed by a board of seven (7) directors who serve staggered two-year terms that expire September 1; now, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The positions occupied by Frank Pittman, Lou Ann Heath, and Martin Schelling expire September 1, 2001, and there is a vacancy left by Peter Gaal who resigned to run for City Council that also expires September 1. The following persons are hereby appointed to serve as Director for the Southlake Crime Control and Prevention District for a two-year term to expire September 1, 2003: 2. 3. 4. Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE 7th DAY OF AUGUST 2001. CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy CRIME CONTROL AND PREVENTION DISTRICT BOARD Established by Resolution No.97-72 12/2/97 www.cityofsouthiake.com Board of Directors Term to Expire Vacant 9/ 1 /2001 (Peter Gaal resigned to run for Council) Frank Pittman Home: 424-1631 9/1/2001 1460 Bent Creek Drive Southlake, Texas 76092 Lou Ann Heath Home: 481-7787 9/1 /2001 13 51 Lakeview Drive Southlake, Texas 76092 Martin Schelling, *President Home: 481-1551 9/l/2001 2665 N. White Chapel Road Southlake, Texas 76092 Bob Mundlin, * Vice President Home: 481-6955 9/l /2002 1658 Royal Oaks Court Southlake, Texas 76092 Stuart Spencer Home: 488-1126 9/1/2002 1702 Pecos Drive Southlake, Texas 76092 Craig Sturtevant Home: 421-5793 9/1/2002 302 Timber Lake Drive Southlake, Texas 76092 -------------------------------------------------- Sharen Elam, *Treasurer Work: 481-1713 Finance Director, City of Southlake Shana Yelverton, *Secretary Work: 481-1429 Assistant City Manager City of Southlake Rick Black Work: 481-2421 Director of Department of Public Safety * Terms for officers expire in December. 7/01 LACity Secretary\Committees,etc\CRIME99PB.doc Jul-25-01 06:34am From-LOCKHEED MARTIN 9726033016 T-893 P.001/001 F-872 City of Southlake ; D � FN �� • Application for AppointIn' t JUL 2 5 2001 U i OFFICE OF CITY SECRETARY APPLICATION FOR APPOINTMENT TO: CQirriC CacYTmorr h- r 10 1- (name board, commission or committee) C'se a separate application for each appointment desired. 'dame: ?ETElZ &AA t- -address: a�t,3 70"I&I . IAICE' W y Voter's Registration # Home Phone: 6 i *- yay- lq:�l Work Phone: FTA -603 -0Y93 Email: 167M. 6AAL @ 6-7F-ma c Employer: LOeK.HFET� Hsi le r1w Current and/or previous board, commission, or committee experience in the City of Southlake: SEP-V 6D o v Mlon < 4P#.PMyL SdA9% F;urn /?9 9 1 Reasons) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: Uswr, T t N rn -r14 Js -t M„T 'Z W4J7 To ASswT 01-rN TMf Cy MpL roN of 7/ bp.S ury7 F9GI"fr A,cs7 _PL.AMn/t/► 6- Fon- TAF AFA4-t902 r1AzraJ of -r#6— CcW79o1- Ats72rc?. Qualifications and experience that would assist you in serving in this position: Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? YES Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a,citvofsouthlake.co::. .-applications are kept on file for one (1) year. After that time it will be necessary to reapply and update the information here' if youZhIntinue to be considered for appointment. Signature: Date: 41.Ig 1 DI L CGt% secretary\ iscellaneous\Application for Boards.doe JUL 24 101 10:34 FR F PITTMAN - LAM DEPT 972 478 5065 TO 9-8174815826 P.01/02 CO-L) FRANK P. PITTMAN VICE-PRESIDENT GENERAL COUNSEL I i JUL 2 4 2001 �j DRESSER, INC. - (iii,,, 2601 E. Selfflne Road-1-F1.121 CARROLLTON, TEXAS 15006.5401 OFFICE OF CITY SECRETARY Mailing Address Telefax: 972/478-5065 P.O. Box 819052 Phone:972/478-5055 Dallas, TX 75381-9052 e-mail: Frank. Pittman a@Dresser-com Date: July 24, 2001 To: Sandra L. LeGrand CC: TELEFAX TRANSMITTAL Fax Number: 817-481-5826 Number of Pages, including this sheet: 2 Sent by: Virginia Stronks Tel: 972/478-5056 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM IT IS ADDRESSED, AND CONTAINS INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THIS MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY UNAUTHORIZED DISCLOSURE, DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE POSTAL SERVICE. THANK YOU. MESSAGE: Sandy, please see the attached application. I look forward to reappointment on this Board as I have enjoyed serving the City in this important job. Thanks. JUL 24 101 10:34 FR F PITTMAN — LAW DEPT 972 478 5065 TO 9-8174815826 P.02!02 ovihlok- City of Southlake Application for Appointmen `l JUL 2 4 2001 OFFICE OF CITY SECRETARY APPLICATION FOR APPOINTMENT TO: 64M-t- Ego= �•r 1a.o �f �isary ..:. * !/,r�i.,�r (na,toard, ommission or committee) Use a separate application for each appointment desired Name: ` Address: / efG o'` �� Voter's Registration # Home Phone: tfZSF— AG Y/ Work Phone: 71.4 3%A-- g�0 Email: ,C, Employer: C. Current and/or previous board, commission, or committee experience in the City of Souttblake: `^4441- f 3, 00 0 Ae if d to- AA. 4,4e f/ — 4 / 91 / N 4 e f_ Reason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: ". vVl e A 1.4r , Qualifications and experience that would assist you iit serving in e aot /1 r „ii, &--,/e4 position. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? &=9 Additional information or comments: Please retum this completed form to the City Secretary's Office, Town Hall, I400 Main Street, Suite 270, Southlake, Texas 76092, fax to 817) 481-5826, or email to address: slegMdAcityofsouthlake.com. Applications are k t file on year. After that time it will be necessary to reapply and update the information herein f you sh o c in ' to be considered for appointment. ^ Signature: Date: L r% DA L �Ciry Secretary\Miscellaneous\Application for 8otuds.dot ** TOTAL PAGE.02 ** City of Southlake! JUL 2 6 2001 • Application for Appointme FFICE OF C;-JY SECRE7A?y APPLICATION FOR APPOINTMENT TO: Ct.Me Coq-�l + Freve f pn* (name board, commission or committee) Di' S'fir c: C-f go a.rcE * Use a separate application for each appointment desired. 'tame: LX u. A wi �eAmi A ddress: 13 5 I ca_keview Dptyt Voter's Registration # 008 t4, 3 c'b3 Home Phone: 217 TR I 7-7A 7 Work Phone:_ a 1487a ( 1 `f 3 Email: Joua � h � ®e. ��t Employer: S+ Q-rjarcl + Pool Is s4ndp , coM Current and/or previous board, commission, or committee experience in the City of Southlake: CY i dine 14- PrW,� o n ,Di Sty-t7(+- &a 4 eason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: ] j-� ( S jry\ -{ o�(�+ -6 CO nth e�uLe 4--he C odors e es i -l�e No c-nd -t i mn kem er\+, lan(s) s R�, whene G4.t'146 cor�I 759-jr- vO'`� Quali (cations and experience that would assist you in serving in this position: On /" 6©n 2ru�i �4 Q 0� , ulo r K2dl R 9" eax s as finance �t ��c -�r�,orn lR - d � vids ac- w 1 in vo "d l'n Do you understand and agree that y ur regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board?__ (-e S Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a�cityofsouthlake.com. applications are kept on file for one (1) year. After that time it will be necessary to reapply and update the Information herein if you wish to continue to be considered for appointment. Signature: �m l ., k�A+K Date: -7- a3 -o l L Cit`- Secretary\MiscellaneousWpplication for Boards.doc City of Southlake • Application for Appointment 2 3 2001 OFFICE OF C!'Y APPLICATION FOR APPOINTMENT TO: (name board, commission or committee) * C'se a separate application for each appointment desired. r 'Fame: .Address: O �/� 1rP �,s�.� Voter's Registration # Home Phone: 8)1 ' �'-9/ `7,'�-5'/Work Phone:al Employer: e�aQ go �� 0 Current and/or previous board, commission, or committee experience in the City of Southlake: eason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: Qualifications and experience that would assist you in serving in this position: Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? .additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a�cityofsouthlake.com. Applications are kept on file for one (1) year. After that time it will be necessary to reapply and update the tnformation herein i u w' h to Conti e t be considered for appointment. Signature: Date• -? ,.,,2 � -0/ L 'CirY Secret \MiscellaneousWpplication for Bo oc City of Southlake APPLICATION FOR APPOINTMENT APPLICATION FOR APPOINTMENT TO (name of board, commission or committee) * Use a separate application for each appointment desired Name: Address: i Home Phone: ' Years in City: Employer: 4(U ,e 71119 6 ^ A-,YZ Prc:.e 0 gl- % 7s/ Current and/or previous board, commission, or committee experience in the City of Southlake: /Xef& d,0,r,7 Reasons for desiring to serve on this board, commission, or committee. and your opinion as to the purpose, //goals, and duties of same: Z1 -wAo., Lse�.,wt 4/ a .o ��c /• ��' c Q1jc.,/'O"4v, ao�csP-lJ d2Si� Qualifications and experience that would assist you/in serving in this position:�'� s�QGi�✓t . �6 � CG.c �f��`Kg d � I�i � �i.Co C��S �� ,Ice Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? �S Additional information or comments: Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard or fax to (817) 488-6792. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the inf ati he ein i wi to continue to be considered for appointment. Signature: Date: Zz— 1 / l—z D:\WP-FILES\CITYSEC\FORbIS4 POINTN�(N.FRM CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.805 AN ORDINANCE APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That Carol W. Montg_omery is hereby appointed municipal judge of the City of Southlake, Texas, for a term of two years, which will expire July 17, 2003, in accordance with the terms of the Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit "A." PASSED AND APPROVED THIS THE 7TH DAY OF AUGUST 2001 IN FIRST READING. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED THIS THE 21ST DAY OF AUGUST 2001 IN SECOND READING. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Ordinance No. 805 Page two APPROVED AS TO FORM AND LEGALITY: City Attorney EFFECTIVE DATE: CITY OF SOUTHLAKE Professional Services Agreement Municipal Judge This Agreement, made and entered into this day of , 2001 by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City" and Carol Montgomery, hereinafter referred to as "Municipal Judge." WITNESSETH: City does hereby agree to enter into an Agreement with Carol Montgomery for Municipal Judge services for a period of two (2) years, beginning on 2001, and continuing through midnight 2001 at a salary of $3,250 per month. 2. City does hereby agree to provide a mobile phone and pager for the Municipal Judge for unlimited use in the performance of her duties as Municipal Judge. In addition, the City will provide judge's robe and gavel. 3. City does hereby agree to budget and to pay for professional memberships, subscriptions, and dues to state and local legal associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the City. Such memberships to include the following: Lexis/Nexus - Online Case Tracking Texas State Bar Association 4. City does hereby agree to budget and to pay for the travel and subsistence expenses of Municipal Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. 5. City does hereby agree to review the Municipal Judge's compensation on an annual basis at the time the Municipal Judge's performance is reviewed by the City Council. 6. The Municipal Judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the court clerk. Professional Services Agreement Municipal Judge Page 2 of 4 The Municipal Judge further agrees to perform the duties of Municipal Court Judge as outlined in more detail in Exhibit A. 7. During this Agreement, the municipal judge agrees to comply with all provisions of the Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Section 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Southlake Municipal Court of Record. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 8. The Municipal Judge shall not take on representation of a client adverse to the City. The Municipal Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 9. The Municipal Judge warrants she meets the minimum qualifications listed in Chapter V of the City of Southlake Charter and Article II of Chapter 8 of the Code of Ordinances of the City of Southlake. 10. The city may remove the Municipal Judge from office during her term pursuant to and in accordance with the requirements of Section 30 of the Texas Government Code, or its successor, as same may hereafter be amended. 11. A request by the Municipal Judge for release from this Agreement prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unapproved abandonment of the Agreement shall be considered a default by the Municipal Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by Rick Stacy, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Municipal Judge has hereunto set her hand and seal the date first above written. Municipal Judge Carol Montgomery ATTEST: City of Southlake, Mayor Rick Stacy Professional Services Agreement Municipal Judge Page 3 of 4 Sandra L. LeGrand City Secretary Approved as to legal form: City Attorney's Office Date: Professional Services Agreement Municipal Judge Page 4 of 4 Municipal Court Judge Duties Essential Functions: Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. 5. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. Issue search and arrest warrants; set and forfeit bail for Class C misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and misdemeanors as part of magistration duties. 7. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. Exhibit A CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.806 AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ALTERNATE MUNICIPAL JUDGE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That is hereby appointed alternate municipal judge of the City of Southlake, Texas, for a term of two years, which will expire _ in accordance with the terms of the Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit "A." PASSED AND APPROVED THIS THE 7'" DAY OF AUGUST 2001 IN FIRST READING. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED THIS THE 21" DAY OF AUGUST 2001 IN SECOND READING. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Ordinance No. 806 Page two APPROVED AS TO FORM AND LEGALITY: City Attorney EFFECTIVE DATE: CITY OF SOUTHLAKE Professional Services Agreement Alternate Judge This Agreement, made and entered into this day of , 2001 by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City" and , hereinafter referred to as "Alternate Judge." WITNESSETH: 1. City does hereby agree to enter into an Agreement with for Alternate Judge services for a period of two (2) years, beginning on , 2001, and continuing through midnight , 2001 at a salary of $65 per required arraignment period and $250 per court session. 2. The Alternate Judge agrees to serve as Judge in the temporary absence of the Municipal Judge due to illness, family death, continuing legal or judicial education programs, or any other reason. The Alternate Judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge as outlined in more detail in Exhibit A. Further, the Alternate Judge, while serving as a municipal judge, shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the court clerk. 3. During this Agreement, the Alternate Judge agrees to comply with all provisions of the Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Section 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Southlake Municipal Court of Record. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 4. City does hereby agree to budget and to pay for professional memberships, subscriptions, and dues to state and local legal associations and organizations necessary and desirable for his/her continued professional participation, growth and advancement, and for the good of the City. Such memberships to include the following: Lexis/Nexus - Online Case Tracking Professional Services Agreement Alternate Judge Page 2 of 4 Texas State Bar Association 5. City does hereby agree to budget and to pay for the travel and subsistence expenses of Alternate Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. 6. City does hereby agree to review the Alternate Judge's compensation on an annual basis at the time the Municipal Judge's performance is reviewed by the City Council. 7. The Alternate Judge shall not take on representation of a client adverse to the City. The Alternate Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 8. The Alternate Judge warrants he/she meets the minimum qualifications listed in Chapter V of the City of Southlake Charter and Article II of Chapter 8 of the Code of Ordinances of the City of Southlake. 9. The city may remove the Alternate Judge from office during his/her term pursuant to and in accordance with the requirements of Section 30 of the Texas Government Code, or its successor, as same may hereafter be amended. 10. A request by the Alternate Judge for release from this Agreement prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unapproved abandonment of the Agreement shall be considered a default by the Alternate Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by Rick Stacy, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Alternate Judge has hereunto set his/her hand and seal the date first above written. Alternate Judge ATTEST: City of Southlake, Mayor Rick Stacy Professional Services Agreement Alternate Judge Page 3 of 4 Sandra L. LeGrand City Secretary Approved as to legal form: City Attorney's Office Date: Professional Services Agreement Alternate Judge Page 4 of 4 Municipal Court Judge Duties Essential Functions: Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. 5. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. Issue search and arrest warrants; set and forfeit bail for Class C misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and misdemeanors as part of magistration duties. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 8. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. Exhibit A 1P City of Southlake • ' DeDartment of PlanninLy STAFF REPORT August 3, 2001 CASE NO: ZA01-046 PROJECT: Lot 3R, Block 24, Strathmore-Timarron Addition REQUEST: On behalf of Westerra Timarron, L.P., Carter & Burgess is requesting approval of a plat revision ACTION NEEDED: 1. Consider plat revision. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) ' W STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA01-046 BACKGROUND INFORMATION OWNER: Westerra Timarron, L.P. APPLICANT: Carter & Burgess PURPOSE: The purpose of this request is to revise the 100-Year flood plain based on a Letter of Map Revision (LOMR) submitted to the Corp of Engineers and to abandon a portion of a drainage easement. The LOMR was received by the City. PROPERTY SITUATION: This property is located at 1204 Strathmore Drive on the west side approximately 300' south of E. Continental Boulevard. HISTORY: -October 17, 1989; City Council approved the rezoning of 826 acres to "R-PUD" Residential Planned Unit Development. -March 15, 1994; City Council approved the Preliminary Plat of Villages C, E, F, and G. -June 23, 1994; Planning & Zoning Commission approved the Final Plat with Applicant's agreement to work with Staff on the approval of a name for the addition. LEGAL DESCRIPTION: Lot 3, Block 24, Timarron Addition - Strathmore, being 0.344 acres. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "R-PUD" Residential Planned Unit Development P&Z ACTION: June 21, 2001; Approved to Table (6-0) to Planning and Zoning Commission Meeting July 5, 2001. July 5, 2001; Approved to Table (6-0) to Planning and Zoning Commission Meeting July 19, 2001. July 19, 2001; Approved (7-0). STAFF COMMENTS: Attached is Plat Revision Review Summary No. 3, dated July 13, 2001. The City Engineer agrees with the information provided on the plat with respect to the LOMR received. NACommunity Development\WP-FILES\MEMO\2000cases\00-061SP - new version.doc Case No. Attachment A ZA01-046 Page 1 Vicinity Map Lot 3R, Black 24, Strathmore 1000 0 1000 2000 3000 Feet in 0 S 10, Case No. Attachment B ZA01-046 Page 1 0 !0 71 Case No. ZA01-046 W ;o i ilk iril 411 11g1jil ASM I lrYf' i T.- Eat, tp, 6! PLAT REVISION TIMARRON ADDITION Attachment C Page 1 Case No.: ZA01-046 PLAT REVIEW SUMMARY Review No.: Three Date of Review: 07/13/01 Project Name: Plat Revision — Timarron Addition Strathmore Lot 3R Block 24 OWNER: Westerra Timarron, L.P. Mile Prestemon 6900 W. Virginia Pkwy McKinney, TX 75070 Phone: 972-529-5988 Fax: 972-529-5540 SURVEYOR/ENGINEER: Carter & Burgess Kacy Flemons 7950 Elmbrook Dr. Dallas, TX 75247 Phone: 214-63 8-0145 Fax: 214-63 8-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/13/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. 1. Revise the following sentence at the end of the owner's dedication, prior to the signature block to say: "This plat does not increase the number of lots or alter or remove existing deed restrictions or covenants, if any, on this property." Informational Comments A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector's office at (817) 884-1103. Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Denotes Informational Comment Case No. Attachment D ZA01-046 Page 1 Surrounding Property Owner's Lot 3R, Block 24. Strathmore Property Owner Zoning Land Use Acreage 1. D. Murphey 1. R-PUD 1. Medium Density Residential 1. 1.11 2. Timarron Owners Assoc. 2. R-PUD 2. Medium Density Residential 2. 0.61 3. J. Watson 3. R-PUD 3. Medium Density Residential 3. 0.75 4. Timarron Owners Assoc. 4. R-PUD 4. Medium Density Residential 4. 2.18 5. S. Montague 5. R-PUD 5. Medium Density Residential 5. 0.42 6. M. Metko 6. R-PUD 6. Medium Density Residential 6. 0.45 7. J. Hon 7. R-PUD 7. Medium Density Residential 7. 0.43 8. T. Pigg 8. R-PUD 8. Medium Density Residential 8. 0.40 9. B. Jobe 9. R-PUD 9. Medium Density Residential 9. 0.46 10. S. McElhine 10. R-PUD 10. Medium Density Residential 10. 0.61 11. J. Turner 11. R-PUD 11. Medium Density Residential 11. 0.95 12. K. Pressley 12. R-PUD 12. Medium Density Residential 12. 0.45 13. Timarron Golf Club 13. R-PUD 13. Medium Density Residential 13. 29.94 14. Timarron Owners Assoc. 14. R-PUD 14. Medium Density Residential 14. 1.82 Case No. Attachment E ZA01-046 Page 1 Surrounding Property Owner Responses Lot 3R, Block 24, Strathmore NOTICES SENT: Thirteen (13) RESPONSES: One (1) response was received from within the 200' notification area: • Don and Garnet Murphey, 1202 Strathmore, Southlake, TX, opposed, "1.) Potential flooding to our property, upstream, flood plain next door. 2.) Damage and loss to major trees. 3.) Unsightly retaining wall." (Received June 19, 2001) Case No. Attachment F ZA01-046 Page 1 4 City of Southlake DeDartment of Planning STAFF REPORT August 3, 2001 CASE NO: ZA01-069 PROJECT: Gumm Scifries Addition REQUEST: On behalf of Bedford -Pioneer Title Company and Southlake Land, Ltd., Raymond L. Goodson Jr., Inc. is requesting a plat revision approval. ACTION NEEDED: 1. Consider plat revision. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-069 3 BACKGROUND INFORMATION OWNER: Bedford -Pioneer Title Company & Southlake Land, Ltd. APPLICANT: Raymond L. Goodson Jr., Inc. PURPOSE: The purpose of this application is to plat the property for development. PROPERTY SITUATION: This property is located on the south side of East Southlake Boulevard (FM 1709) being approximately 430' west of Westwood Drive. HISTORY: -A Rezoning and Concept Plan were approved by the City Council on April 17, 2001 with "O-l" Office District zoning. -A Preliminary Plat was approved by the City Council on April 17, 2001 as well. LEGAL DESCRIPTION: Lot 2, John A. Freeman No. 529 Addition and Tracts 2 and 2132 of the John A. Freeman Survey Abstract No. 529. LAND USE CATEGORY: Office Commercial CURRENT ZONING: "0-1" Office District. P&Z ACTION: July 19, 2001; Approved (7-0). STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated July 13, 2001. NACommunity Development\WP-FILES\MEM0\2001cases\01-069PR.doc Case No. Attachment A ZA01-069 Page 1 Vicinity Map Gumm-Scifres Addition 1000 0 1000 2000 3000 Feet Case No. Attachment B ZA01-069 Page 1 e T B =aaE S�P6E I ? ;ppF� 5 e e a SL h q a= 8t Sit ; P f tgYbr_ by S E 9 O�j 2 °r a EaCdsEE �� km tA- i a."°a Yt F? i V 3`2p Vitt f10� iif s bb aaZE Ygi€ 4 r 1a ,r 1..bE 1e � 13a 11 x lbae -tyill Ih, ..:��eF � $ FAY F��4 M1sb a Spy 5 a aC n= Y9 Ya ,54aJ*3g5Ag3 �'�° fb`5 fqp[p[. t! i¢py$� tx; Efyk� C $P� � [( E[ a�j� E hr, 15, }[ j. Win 8 d."6 k),E od �t U ^-P fY.ai �i zI UK, - I ' I I I � I VILL40E CBNT6R g DRIVE e IEp -BeFp. ibpp -� fit giy Fb � �Ri $n4 ig ((eS�YYt 9 :pps a aas�eyt,_bng g55s€ g�= g ,�P� �LT$YEEt!•�ti=�i�i •s� k .8iS� Ef{ 5 YY i 1MOROI 4 bA k�i --——— — — — — —- - zn- "c' - ---------------------- --- --- — t S Op ,m I I to It Case No. Attachment C ZA01-069 Page 1 PLAT REVIEW SUMMARY Case No.: ZA01-069 Review No.: Two Date of Review: 07/13/01 Project Name: Plat Revision — Gumm Scifres Addition APPLICANT: Raymond L. Goodson, Jr., Inc. OWNERS: Bedford -Pioneer Title Co. & Dale White Southlake Land, Ltd. 5445 La Sierra, Suite 300 L.B. 17 Dallas, TX 75231-4138 Phone: (214) 739-8100 Phone: (817) 267-4242 Fax: (214) 739-6354 Phone: (817) 335-1590 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/02/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. 1. The second lienholder's name must be printed on the face of the plat prior to the plat being filed. 2. The sanitary sewer easement in the northwest portion of the property (and beyond) is shown as a 15' easement but labeled as 10'. Correct the discrepancies. 3. If no easements are to be abandoned, utility company approvals can be removed. Informational Comments: * It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. * A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector's office at (817) 884-1103. Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. Case No. Attachment D ZA01-069 Page 1 * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Case No. Attachment D ZA01-069 Page 2 Surrounding Property Owners Gumm-Scifres Addition Property Owner 1. Chase Bank of Texas 2. Chevron USA Inc. 3.Otr/Regency Tx Realty Holdings 4. Wendy's International Inc. 5. Southlake Land Ltd. 6. G. Barclay 7. W. Willan 8. Bootstrap Investments Inc. Zoning Land Use Description Acreage 1. C-3 1. Retail Commercial 1. 2.16 acres 2. C-3 2. Retail Commercial 2..93 acres 3. C-3 3. Retail Commercial 3. 13.08 acres 4. C-3 4. Retail Commercial 4..81 acres 5. AG 5. Office Commercial 5. 13.70 acres 6. SF -IA 6. Office Commercial 6. 1.01 acres 7.0-1 7. Office Commercial 7. 1.00 acres 8.0-1 8. Office Commercial 8. 2.07 acres Case No. Attachment E ZA01-069 Page 1 Surrounding Property Owner Responses Gumm-Scifres Addition NOTICES SENT: Ten (10) RESPONSES: Two (2) responses were received outside the 200' notification area. • Dennis Scifres, 301 Commerce St. #2876, Forth Worth, TX in favor, "Good quality development." • M. Keith Smith, 8140 Walnut Hill Lane, Ste. 400, Dallas, TX in favor. Case No. Attachment F ZA01-069 Page 1 rr City of Southlake • ' DeDartment of PlanninLy STAFF REPORT August 3, 2001 CASE NO: ZA01-084 PROJECT: Blocks 1, 2R, 311, 4 & 5, Southlake Town Square REQUEST: Cooper & Stebbins is requesting approval of a plat revision. ACTION NEEDED: 1. Consider plat revision request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA01-084 BACKGROUND INFORMATION OWNER/APPLICANT: City of Southlake, Texas PURPOSE: The purpose of this request is create individual lots for each building. PROPERTY SITUATION: This property is located on the northeast corner of E. Southlake Boulevard (FM 1709) and N. Carroll Avenue. LEGAL DESCRIPTION: Blocks 1, 2R, 3R, 4 and 5 Southlake Town Square Phase I. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD" Non-residential Planned Unit Development District. P&Z ACTION: July 19, 2001; Approved (7-0) subject to the Plat Review Summary No. 2 dated 7/13/02. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated 7/13/01. NACommunity Development\WP-FILES\MEMO\2001 cases\01-084PRdoc Case No. ZA01-084 Attachment A Page 1 IV Vicinity Map Blocks 1, 2R, 3111 4 &5 Southlake Town Square 1000 0 1000 2000 3000 Feet W N S E Case No. Attachment B ZA01-084 Page 1 e "�* � �l;tt rrrrrTrrrrrrsrr2ET_i:rr„rrE T� 1t.�! ""xmtwaa�aaxc as 4 [�I(� tyqq8 9�45;8A�' f�1�� ,`• yyD pp ��tt yY t3S}� !?gik�9i�.'T.kRR:�I[�8{kk�lkg E�[1 ail, !�, _ s"�€ + ��6 aq�j8 c�;� �a�°:*x:..,a• -- p - �' i•' = � - r� NOR7H CARROl1 AYONE i a[ � r, � "~•fir• _ a __—__—__1s+*a___ i I 3 S�N01[iX C�IIROl1 AVF)IIE /�,r�, .« t� �i�! d.-...�. Y j •r.� 1j - - - - - --------- aaa. !It a _�^ _-_, ----- -- In h Case No. ZA01-084 Attachment C Page 1 F44�1a � a��#�F °° .r �,��€ �'� � [ ��F °' z•Y a}i�F � _ ; ; fyl�� I€��°` �_� 1° 9 in, _ i ; ' ,'Rlit �� 9a =:�€e '� �� i{p�F� � l 9° gg;�� 3{p€t � [• j3� : $�EF � >��tg` ��F=�S p 114t 44e tQf$i p 2`i la ii1$[i55 T 3 � =5 g:; ip R z i atai;;!!;ine' t$.t rs' y r pj ;6I rS :.sw Ni GS� {p' gg t � � p i 4; � *` • �' � 7 °t � •y ) $'47}p $ n / �"s[� y ay Je l++ g}YaSi�ii91a 1�L• °a Y Its } x z.{ x t p : a1i555n� r; •!g��fa a ge, 'sf lY�itr;i". 1ppgqa�Lai [$I[; 141IJ iit=$q� t� ; $s; M Efs�iis ;a € rD q ° ° &t, Z € a � titY $: tip t;t a 08 L$ 'i Pit �I Case No. ZA01-084 Attachment C Page 2 t, Case No.: ZA01-084 PLAT REVIEW SUMMARY Review No.: One Project Name: Plat Revision - Southlake Town Square APPLICANT: Cooper & Stebbins Attn: Jeff Jones Phone: (817) 329-8400 Fax: Date of Review: 07/13/01 SURVEYOR/ENGINEER: SEMPCO Attn: David White Phone: (817) 926-7876 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/13/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-2073. 1. Provide the gross acreage in the title block and provide the square footage of each lot on the graphic or in a chart. 2. Provide the deed restriction statement as follows, "This plat does not alter or remove existing deed restrictions or covenants, if any, on this property." 3. If any, show & label any easements to be abandoned. 4. A reciprocal parking & access agreement must be filed of record in the county and provided to the City for our records. The applicant may also need to address encroachment of private utility service lines. 5. Tie all drainage and utility easements to lot corner(s). Case No. Attachment D ZA01-084 Page 1 City of Southlake Department of Planning STAFF REPORT August 3, 2001 CASE NO: ZA 99-044 SUBJECT: Request for a Variance to the Subdivision Ordinance No. 483-G, Section 4.01(I)2 (Plat Expiration) Extending the Validity of Case ZA 99-040, Final Plat — Lot 1, Block 1, Remington Addition On June 17, 1999, the Planning and Zoning Commission approved Case 99-044, Final Plat for Lot 1, Block 1, Remington Addition. This plat has not yet been filed in the County Plat Records and expired on June 17, 2000. The current developer, Veranda Senior Communities, 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. 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 location map (tract map) and a reduced copy of the plat are also attached for your convenience. att: Letter from Location Map Reduction of the Final Plat N.lCommunity DevelopmentlWP-FILESIMEMO199CASESI99-044PE.doc Mr. Dennis Killough Senior Planner City of southlake 1400 Main Street, Suite 310 VERANDA Southlake, Texas 76092 Dew Dennis, Vcmnda Senicrc Cgmmunilics Veranda Senior Communities is working with Ms. Joyce Owen to 12900 P—In. Road, Suite 4W develop the Remington Retirement Community in Southlake. We oaua>,Ir a., 752-tu understand that the Plat approval has expired. We are developing the "7219; -9a44 property with the same basic design. Therefore, we request that the ka""12)661-ONO6 plat approval be renewed for another nine months. We anticipate requesting a building permit within the next six months. The case number for the plat approval is ZA 99-044. The project is entitled Final Plat — Lot 1, Block 1, Remington Addition. The property is legally described as Tract 4Fl and a portion of Tracts 4F and 5A1B, situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 10.86 acres. Thank you for your help in this matter. We look forward to working with the City of Southlake on this great project. Sincerely yours, Ron Howell Vice President Director of Development ) nc: Staff Report, June 18, 1999 Plat Review Summary No. 3, June 11, 1999 Final Plat WCp JUN 19 2001 DISCLAIMERi This data has I City of Southlake. TRACT MAP Various official he f w S661 V T tidy Cwr3d t'ee_F - ei ELt Fyy a] a p?fi�xY % 6 w z ~ yEyE� In Q Q G3 �1$ W O }$ . i . s ; f� _ !'¢ iLE i G Y L.1 OLL Q ; CL C) O E F`6$yaA E 5 R R 8 g 5 Sep £2 C 5 'i l� J LLI yg E¢ e 8 8 g R 6$i S 8f x•¢ � e Bf �r = � � r 5,,• t' i+t Yr 2ER.e Ec tl SpE ig: c — gig e € $ R A .�?F flea i 4 LLJ SS S: itge S� 1yp6 Efyy y�;�e O: ., E:t t6� a ,� ea3 iy�• a n tlir a rya Qf°_ {€s 5 i ;; 1 FAB:j FAA o If: rt tit * :i isEs g if; . I:L'i 3l i5f Effie C ea T5. yy{{=$ het St I�� F � E2t�a bS uzi Is vat =g; 11 1 ¢i% MEMORANDUM August 3, 2001 TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 1713 SUBJEGI`T: Ordinance No. 789-A, 2°d Reading, Amending Ordinance No. 789, amending FY 2000-01 Annual Budget. Action Requested: City Council consideration of Ordinance No. 789-A to amend the FY 2000- 01 Annual Budget. Background Information: Ordinance No. 789-A is presented to the Council to reflect the proposed changes to the Adopted FY 2000-01 Annual Budget. The amendments to the budget reflect an increase of $112,209 in personnel, $68,676 and in operations and $227,195 in capital requests. Division 105, Support Services request reflects a proposed increase of $129,060 primarily due to expiration of computer leases. Division 107, Municipal Court request reflects a proposed increase of $47,000 primarily due to increased personnel cost related to the computer conversion. Division 132, Police Services request reflects a proposed increase of $121,570 primarily due to increased in personnel, computer equipment and building improvements. Division 142, Building Services request reflects a proposed increase of $4,245 in personnel cost. Division 146, Public Works Administration request reflects a proposed increase of $6,965 in personnel cost. Division 151, Economic Development request reflects a proposed increase of $4,835 in personnel cost. Division 161, Community Services request reflects a proposed increase of $6,900 due to additional SPIN mailings and meeting notification signage. Division 162, Parks and Recreations request reflects a proposed increase of $87,505 due primarily to capital request. Financial Considerations: The proposed amendment increases budgeted expenditures by $408,080. It is expected that revenues will continue to come in at or slightly above budget estimates with the exception of permit revenues. Finance will continue to monitor permit collections and if necessary staff will present a proposal to reduce permit revenue in the future. It is anticipated that fund i4� F tegrity will be maintained, as the expenditure adjustments reflect the general :.fund balance at 25.2% ($4,329,899). This is within the adopted Fund Balance Policy, which states a minimum balance of 15% and an optimum balance of 25%. Citizen Input/ Board Review: Public Hearing, 2°d reading scheduled for August 7, 2001. Legal Review: N/A Alternatives: The alternative is not to amend the budget and forgo the proposed revisions. Supporting Documents: Ordinance No. 789-A and Exhibit A. Staff Recommendation: Approval of Ordinance No. 789-A by the City Council. 7 ORDINANCE NO.789-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2000-01 BEGINNING OCTOBER 1, 2000, AND TERMINATING SEPTEMBER 30, 2001, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN, EFFECTIVE DATE. WHEREAS, the City Manager has prepared Ordinance No. on1Sep�mber 12, 2000,res in the a-01 nd budget which was approved by City Council v submitted same to the City Council; and, WHEREAS, a copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the City Council has studied the Budget Amendment and has determined that the Budget Amendment attached hereto is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. ared and submitted by the City Manager for the Section 2. That the revised figures, prep 2000-01 budget, be, and the same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved, and appropriated. Section 3. That the Budget Amendment attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001; and there is hereby appropriated from the funds indicated such projects, operations, activities, purchases and other expenditures as proposed in the Budget. Section 4. That the City Manager has determined that there are revenues available for appropriation in excess of those estimated in the 2000-01 approved budget. _Section That any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of conflict herewith. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by oy a Court of competent jurisdiction, such holding shall not affect the validity of the remaining p of this Ordinance; and the City Council hereby declares it would have passed such remaining „r portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. i Section 7. That the necessity of adopting and approving a proposed budget for the next fiscal year as required by the laws of the State of Texas requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of K 2001. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED ON second reading this day of 2001. ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: Rick Stacy, Mayor GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended May 31, 2001 with comparative actual amounts for the period ended May 31, 2000 (fiscal month 8 - 66.67%) RFVENTJFS Ad Valorem (Faxes' Sales Tax/Mixed Beverage Franchise Fees Fines Charges for Services Permits/Fees Miscellaneous Interest Income Total Revenues City Secretary Human Resources City Manager Support Services General Government Total Finance Municipal Court Municipal Court -Teen Court Finance Total Fire Police Public Safety Support Building Public Safety Total Streets/Drainage Public Works Administration Public Works Total Planning Planning Total Economic Development Economic Development Total Community Services Parks and Recreation Library Services Community Services Total Total Expenditures Excess (deficiency) of Revenue over Expenditures OTHER FINANCING SOT JRCFS AND (USES) Proceeds from lease/CO (net) Transfer In -Other Funds Transfer To -Other Funds Total Other Sources/(Uses) Excess (deficiency) of Revenues/other sources over Exp. FUND BALANCE OCT 1 Change in reserved fund balance ENDING FUND BALANCE fund balance percentage AMENDED Year to Date 2000/01 2000/01 $7,192,461 Budget $7,626,173 3,118,347 4,117,565 1,036,935 1,147,916 664,587 853,755 352,052 575,620 1,035,240 1,712,555 200,435 256,102 $13,773,430 $16,489,686 $169,425 $332,524 127,506 203,331 249,038 1,434-764 374,587 2.47.8,426 1.980.733 318,579 3.388.868 472,595 213,748 58,009 367,103 84.597 590.336 1,191,877 924,295 1,960,406 2,430,343 4,188,367 613,487 604.256 1,004,913 992,059 4,839,963 533,763 407,584 941.347 292.774 9.145,745 1,013,588 626,211 1,639,799 57.5-15R 292.774 135..98g 135.988 298,172 575.159 268.955 268.955 490,655 752,179 95.347 1.145.69.8 S9,926.839 1,416,166 339,401 2.246.222 S17,189,042 $3,846,591 ($699,356) $0 0 Q $0 $3-846,591 $4,819,255 $0 S8.665,846 $0 210,000 Q $210,000 (, 48Q,356) $4,819,255 $0 S4,329,899 25.2% Actual Percent Year to Date Total Collected/ $5,514,843 $6,458,757 85.4% 2,400,449 3,683,797 65.2% 1,045,747 1,295,377 80.7% 649,445 877,526 74.0% 230,658 750,398 30.7% 1,667,438 2,545,408 65.5% 178,979 299,040 59.9% 155.813 309,404 50.4% $11,843,372 $16,219,707 73.0% $190,204 $285,591 66.6% 147,183 244,667 60.2% 248,512 369,485 67.3% 1,820,247 2.507,854 72.6% 2,406.146 3►407.597 70.6% 341,006 468,629 72.8% 221,227 338,324 65.4% 49-4.16 76,988 64.2% 611,649 883,941 69.2% 1,230,031 1,872,628 65.7% 2,638,654 3,814,076 69.2% 675,078 950,623 71.0% 566,215 844,627 67.0% 5.109,Z79 7.481,954 68.3% 599,073 889,709 67.3% 538,440 688,E 78.2% 1.137.513 1.579.212 72.1% 320,42R 548,719 63.0% 320.429 509,719 63.0% 140,010 227.708 61.5% 140,010 227,709 61.5% 307,988 454,583 67.8% 874,126 1,532,806 57.0% $866,201 $39,384 $0 $0 0 1,235,527 Q 0 $0 $1,235,527 S866.201 S1.274,911 $3,544,344 $0 $4,819,255 29-R 66.2% 59.8% 67.8% City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, Ext. 1713 SUBJECT: Approval of Crime Control FY 2001-02 Operating Budget and Multiyear CIP Budget - Action Requested: Approval of the proposed FY 2001-02 Operating Budget and Multiyear CIP Budget Background Information: Your packet contains the Operating Budget and Multiyear CIP Budget adopted by the Crime Control and Prevention District Board of Directors on July 18, 2001. The operating budget simply provides for the continuation of the SRO funding, lease payment for the police 800mhz-radio system and annual debt service payment. The multiyear CIP budget provides for the construction of the West facility. Note that we have shifted the sale of the excess land on the west and north site to fiscal years 2002-03 and 2003-04, respectively. The decision to move the sale of the properties to future years was made based on we did not receive any bids on the west site and this will allow sufficient time for the Board and staff to determine the future plans for these sites. Funds received from the sale of the West and North properties could be used to purchase the East site in the future. Financial Considerations: The operating budget includes projected sales tax and interest income of $2,324,768, $259,478 for two School Resource Officers and related equipment and $2,253,715 for debt service payments. Citizen Input/ Board Review: Public hearing is scheduled for August 7, 2001. Legal Review: None required Alternatives: Approve or reject the budgets submitted. Supporting Documents: FY 2001-02 Operating Budget and Multiyear CIP Staff Recommendation: Approval of Crime Control FY 2001-02 Operating Budget and Multiyear CIP Budget. r• . ilE11E%UE,4 Saks Tax Interest Intones Total Amoaes EaCErOmIBEB Personnel op— Copid Total Expndiwres ad aw..ns T,. *" oe6e.d FM r■ rw..e LrM OMdXU CN TMI00r aww eW ogre NW adm MR r.r Id— SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT - OPERATING FUND FY2001.02 Proposed Budget October 1, 2001 through September 30, 2002 f 1999.00 Actual 2000.01 Adopted 2090.01 Amended i Inwunl IDewesnl Adopted %Inwunl Decrwn 2001.02 Proposed $ Ineronsd (Dowesn) Adopted %Ineru"ol Docrone $1,747,389 $1,925,460 $1,926.450 $0 0.0% $2,214,28B $208,818 15.0% 3t t t_3oo 19 1]➢3 sties 11➢3 5a➢ 111a 500 3110.500 $1,858,133 $1,225,450 $2.021,151 $103,500 $2,324,71s $390,318 $113,955 $126,610 $12e,610 $0 0.0% $131,897 $5,057 4.0% $140 $127,811 $127,811 0 0.0% $127,811 0 0.0% 12210 1➢ 1a a (In 1a a 0.0% $116,376 $264,421 1264421 10 0.0% $251,471 $5,057 2.0% $1.742,314 11,671,028 $1,774,621 $103,500 $2AR,210 $394,261 (861,050) (1,971,099) (1,971,IB91 (2,263,715) (1,031,0501 11,971,8991 (1,971,B9B) (Z253,715) $1,655,431 11,399,105 $2,3116,885 l2,OB5,126 42,388,805 l21BB,3'Lfi 12,1elim 11,BB4BOIl 911gMonce to Section 383.203, lain Gowaanan Code, Amud NWW PrwW 1. Outstanding obligations of the District are the repayment of tax notes Issued in October 1998 and March 2000 In the amount of $2,705,000 and $1,805,000 with a FY 20OD-01 debt service payment of $1,971,899 and a FY 2001-02 debt service of $2,253,715. The tax notes will be paid off In FY2003-04. 2. There Is $2,169,325 In the Operating Fund and $258,286 in the Capital Projects Fund estimated to be on hand as of the beginning of FY2001-02. 3. An estimated $1,925,450 Is expected to be received by the District during FY2000-01 In sales tax revenues. 4. Sales tax and Interest Income are estimated at $2,324,768. 5. Total money requested to fund programs is $7,472,279, with $3,797,500 of that amount for construction of one facility, and $259,478 for two School Resource Officers and related equipment. $3,415,301 Is included to purchase land of which two sites have already been purchased. These land purchases were Initially approved In the FY1997-98 and FY1998-99 budgets. S. Programs presented have been previously approved by the Board for funding. 7. The sales tax rate Is .5%. 8. There is $1,980,900In the Operating Fund and $44,556 In the Capital Projects Fund estimated to be on hand as of the end of FY2001-02. 9. Total revenues available to cover the proposed budget are $2,324,768 and bond proceeds. 2| ca ■ 32� i |&• ■® ��, 2 | 2$ k§§ � � i§ ~ § . > 4 o) e o Go = o o$ § Of K °CM§ ° 2 ° § . 2 % § \ � E � ! � ■ � » � # @ « § # # ` 8 # B 8 2 . kkKk k K k'/ 000 288 k AS°§ % § / 2/e « C ---- - - --- --- - § $ 2 f 2 § 8 � § _ _ _ _ Q' —� \ _ _ _ # Ln 2 t m r % § � - - - ® ® - - - ® ) „ . ® � ) « # N . � . - -- - - ® --_ _ K § K '§§Ln § B � $� co— — k 0 - --- - - -®- - © CD V §CtR' E § §' § 7 2 §k§ & § k k w - -®-- - ® - -- _ _ co 2 § A § § 2 f � $ & o ® - - - a ° � § | ■U) « � $ w� � � ■ z $ ■& 9) -�_ |t s § � LU X� |�a � . © �`k� a�ta c 2&$� # 2 o §kfl § w w w § \ 0 Cc City of Southlake, Texas MEMORANDUM August 7, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Ordinance No. 804, 2nd reading, amending Chapter 18, Article III, Section 18-80, of the Southlake City Code, to include a portion of South Carroll Avenue, East Continental Boulevard and Breeze Way adjacent to Old Union Elementary School, as a designated school zone and a portion of South Kimball Avenue adjacent to George Dawson Middle School and Cleburne Eubanks Intermediate School, as a designated school zone. Action Requested: Approve Ordinance No. 804, amending Section 18-80 of the Southlake City Code, to include a portion of South Carroll Avenue, East Continental Boulevard and Breeze Way as a designated school zone at Old Union Elementary School and a portion of South Kimball Avenue as a designated school zone at George Dawson Middle School and Cleburne Eubanks Intermediate School. Background Information: Carroll Independent School District will open the new Old Union Elementary School on August 15, 2001. As the access to the school is off South Carroll Avenue, East Continental Boulevard and Breeze Way, a school zone has been requested. On August 15, 2001, the Cleburne Eubanks Intermediate School will open with access off South Kimball Avenue and in August 2002, the George Dawson Middle School will open with access off South Kimball Avenue. A school zone has been requested for the two schools that are on the same campus. Southlake City Code, Chapter 18, Article III, Section 18-81 Revision of limits; procedure status: "The speed limits, as established in the article, may be revised from time to time by ordinance adopted by the City Council." Therefore, the attached ordinance provides for a school zone and changes the speed limit to 20 MPH between 30 minutes before and after the opening of school and between 30 minutes before and after the closing of school in the above locations. The purchase of school flashers was included in the 00/01 CIP and the purchase of the flashers was approved by City Council on June 5, 2001. The Public Works Department crew will install the flashers and necessary signs using the City funds. Crosswalks will be added on the streets at the appropriate locations. On July 17, 2001, the Council approved the ordinance on ls` reading. Financial Consideration: The Council awarded the contract for the purchase of the necessary school flashers on June 5, 2001. The Public Works Department personnel will install the flashers with appropriate signing, when the flashers are delivered. Citizen Input/ Board Review: Not applicable Legal Review: City Attorney has reviewed the ordinance. Alternatives: The only alternative would be, to not have school zones. Supporting Documents: Ordinance Exhibit map Staff Recommendation: Please place on City Council agenda for August 7, 2001 for 2nd reading. The City Staff recommends approval of Ordinance No. 804. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 PF/ta 2 ORDINANCE NO. 804 AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE BY ADDING A PROVISION ESTABLISHING THE SPEED LIMIT FOR THE SCHOOL CROSSING AT OLD UNION ELEMENTARY SCHOOL, GEORGE DAWSON MIDDLE SCHOOL, AND CLEBURNE EUBANKS INTERMEDIATE SCHOOL; 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 PUBLICATIONS IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Section 545.356 of the Texas Transportation Code, the City of Southlake, Texas has the authority to establish prima facie maximum reasonable and prudent speeds within its corporate boundaries for vehicles on streets and highways; and WHEREAS, the City Council of the City of Southlake recognizes that it is necessary to regulate traffic near schools to promote the safety of children going to or from school; and WHEREAS, the City Council of the City of Southlake deems it necessary to provide a reduced speed limit for a period of time that is of sufficient length to protect children going to and from school; and WHEREAS, the Director of Public Safety and Director of Public Works have conducted an engineering and traffic investigation to determine reasonable and safe prima facie speed limit for all school zones; and WHEREAS, the results of the engineering and traffic investigation indicate the need to alter the prima facie speed limits listed in Section 545.352 of the Texas Transportation Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS. 3 SECTION 1. That Section 18-80 of the Southlake City Code is hereby amended by adding the following underlined provisions to the existing table in Section 18-80: School Crossing Zone Old Union Elementary School George Dawson Middle School; Cleburne Eubanks Intermediate School Street 900 South Carroll Avenue through 1100 South Carroll Avenue 1100 East Continental Boulevard Through 1400 East Continental Boulevard 900 Breeze Way through 1100 Breeze Wav 200 South Kimball Avenue Through 600 South Kimball Avenue SECTION 2. Speed Limit 20 20 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 4 SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 642, as amended, or any other ordinances affecting prima facie speed limits on roadways within the city limits that have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. 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 7th DAY OF AUGUST, 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2001. EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney 6 MAYOR ATTEST CITY SECRETARY Hill ,W! .■. r�.��i% f' c■Elm +� 'mil ��►�� Airirira � `�7 �� ►: fiIj � �11/I►�;.r dor ie City of Southlake DeDartment of PlanninLy STAFF REPORT August 3, 2001 CASE NO: ZA01-027 PROJECT: Hidden Creek Estates, (f.k.a. Haltom Creek Estates) REQUEST: On behalf of James C. Haltom, Brenda J. Haltom, James C. Haltom 1999 GRAT, Four Peaks Development is requesting a zoning change approval. The original request was for a zoning change and development plan for RPUD zoning. The amended request is for "SF -IA" zoning. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of 2"d reading for zoning change ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Developer Comments (D) Surrounding Property Owner Map (E) Surrounding Property Owner's Responses (F) Ordinance No. 480-364 STAFF CONTACTS: Dennis Killough (481-2073) Ben Bryner (481-2086) Ken Baker (481-2046) Case No. ZA01-027 y BACKGROUND INFORMATION OWNER: James C. Haltom, Brenda J. Haltom, James C. Haltom 1999 GRAT APPLICANT: Four Peaks Development PURPOSE: The purpose of this request is to place "SF -IA" single family district zoning on the property for residential development. PROPERTY SITUATION: On the east side of North Carroll Avenue and the west side of Sunshine Lane, approximately 500' south of East Dove Road. HISTORY: There have been no development activities on this property. LEGAL DESCRIPTION: Tracts 3A1G3, 3A1G, 3A1G5, 3AlGl, 3A1G2, 3A1G4, 3A1F1, 5B3, 513, 5132A, 5132, 4E, and 4, Frances Throop Survey Abstract No. 1511; being 95.9 acres. LAND USE CATEGORY: Low Density Residential and 100-Year Flood Plain CURRENT ZONING: "AG" Agricultural and "SF -IA" Single Family Residential District REQUESTED ZONING: "SF -IA" single family residential district TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends that N. Carroll Avenue be a 3- lane, undivided arterial street with 94' of R.O.W. Adequate R.O.W. has been dedicated. The Master Thoroughfare Plan recommends that Dove Street be a 5-lane, undivided arterial street with 94' of R.O.W. Currently, both these projects are not listed as a CIP project. Existing Area Road Network and Conditions The proposed site will have one (1) access on N. Carroll Avenue and one access on Sunshine Lane. A street stub will be provided for future access from Dove Street. The proposed plan indicates a center turn lane along Carroll Avenue. N. Carroll Avenue currently is a 2-lane, undivided collector street. It will be expanded to a 3-lane, undivided arterial with enough pavement to be a 5-lane arterial if needed. Sunshine Lane is a 2-lane, undivided local street. There are no plans for major improvements to this street. Case No. Attachment A ZA01-027 Page 1 Dove Street is a 2-lane, undivided collector street. It will be expanded to a 5-lane, undivided arterial street. May, 2001 traffic counts on Carroll Avenue (between Highland and Dove Street): Table #1 24hr North Bound B 2,089 South Bound (SB) (2,303 NB Peak A.M. 193 8-9 a.m. Peak P.M. 227 4-5 p.m. SB Peak A.M. 304 7-8 a.m. Peak P.M. 188 5-6 p.m. May, 2001 traffic counts on Dove Street (between Carroll and Kimball Street): Table #2 24hr West Bound (WB) (2,679 East Bound (EB) (2,719 WB Peak A.M. 196 7-8 a.m. Peak P.M. 385 6-7 p.m. EB Peak A.M. 324 7-8 a.m. Peak P.M. 229 5-6 p.m. Master Trail Plan Current Trail MasterPlan: The proposed Parks Master Trail Plan indicates an eight (8) foot multi -use trail along the east side of Carroll Avenue and a natural multi -use trail along the Dove Creek flood plain. Park Board Recommendations This property will be required to go before the Park Board for re- consideration and recommendation prior any plat being brought forth. DRAINAGE ANALYSIS: The preliminary drainage plans indicate that Dove Creek will be left in its natural state. The proposed area shown as common open space is 100-year flood plain and floodway. The proposed plan does indicate 2 storm sewer pipes being discharged into the creek area and a water line crossing the creek for looping purposes. There are 3 ponds on the property east of the creek. This proposed area in its existing state drains into Dove Creek, which drains north through this site and through the northwest portion of Hunter's Ridge Subdivision. From there, the creek runs through several tracts on Dove Street and into an existing box culvert across East Dove Street. There is a tributary that drains into Dove Creek from the south. This tributary starts at Highland and runs north through whispering Dell Estates Subdivision and joins Dove creek in the common open area. A drainage and flood study will be required on the creek downstream of this development to be submitted with the Preliminary Plat. The trail is to be constructed in the floodplain. However, no construction will occur within the floodway of the creek other than the utility and trail crossings. Erosion control measures will be required to prevent erosion of the creek. Staff recommends that erosion control measures be put in place with the installation of the trail. Case No. Attachment A ZA01-027 Page 2 A study of the downstream areas of the creek will determine what the affect on downstream properties will be and whether detention will be required. If downstream conditions won't handle the increased runoff from this proposed site, the developer will be required by ordinance to detain the increased runoff. WATER & SEWER: There is an existing 6" water line on the west side of N. Carroll Ave. and an existing 8" sanitary sewer line along Dove Creek. There is an existing 8" water line on the east side of Sunshine Lane. The developer will be required to build a 12" water line beginning at the existing 12" line located at the north property line of Johnson Elementary. It will need to extend to the north property line of this site along N. Carroll Ave. P&Z ACTION: April 5, 2001; Approved (7-0) to table at the applicant's request and to continue the Public Hearing to the April 19, 2001, Planning and Zoning Commission meeting. P&Z SPEAKERS: April 19, 2001; Approved (6-0) to table at the applicant's request and to continue the Public Hearing to the May 3, 2001 Planning and Zoning Commission meeting. May 3, 2001; Denied (5-0). June 21, 2001; Denied (6-0) In Favor Qualified In Favor Opposed Other 1 13 1 13 CITY COUNCIL ACTION: May 15, 2001; Remanded back to Planning & Zoning Commission. July 17, 2001; Approved 1st reading (7-0) for "SF-1 A" single family residential distrct. STAFF COMMENTS: Prior to the first reading of this item, the applicant amended their zoning change request from "RPUD" to "SF -IA" single family residential district. The City Council accepted and approved amended request. No plan is required with the "SF -IA" zoning change. Due to the recommendation for denial by the Planning and Zoning Commission, as well as surrounding property owner opposition greater than 20%, a super majority vote in the affirmative is required for approval. NACommunity Development\WP-FILES\MEMO\2001cases\01-027ZDP442.doc Case No. Attachment A ZA01-027 Page 3 Vicinity Map Haltom Creek Estates 1000 0 1000 2000 3000 Feet S Case No. Attachment B ZA01-027 Page 1 Four Peaks Development, Inc. July 12, 2001 Mr. Dennis Killough Senior Planer Cite of Southlake 1400 Main St. Ste 310 Southlake. Texas 76092 RE:ZA 01-027 Hidden Creek Estates Dear Dennis. Please accept this letter as our formal request to amend the subject zoning case from R-PUD to the less intense use of SF -I A. It is our understanding that this case will go before the Southlake City Council neat Tuesday. the I-I'h. Please send or fax me a copy of the agenda for the Council meeting when it is available. Thank you for your attention to this matter. Sincerely. David McMahan REC'D J U L 122001 726 Commerce St., Ste. 109 - Southlake, TX 76092 - (817) 329-6996 - Fax (617) 481-4074 Case No. Attachment C ZA 01-027 Page 1 Surrounding Property Owners Haltom Creek Estates Case No. Attachment D ZA 01-027 Page 1 Surrounding Property Owners Haltom Creek Estates Property Owner Zoninsi Land Use Description Acreage 1. N. Bhogavalli 1. AG 1. Low Density Residential 1. 5.08 2. J. Johnson 2. AG 2. Low Density Residential 2. 1.15 3. F. Shelby 3. AG 3. Low Density Residential 3. 3.97 4. M. White 4. AG 4. Low Density Residential 4. 1.24 5. D. Stapleton 5. AG 5. Low Density Residential 5. 1.44 6. J. Davis 6. AG 6. Low Density Residential 6. 0.83 7. T. Johnson 7. AG 7. Low Density Residential 7. 1.10 8. B. Stiborek 8. AG 8. Low Density Residential 8. 0.97 9. J. Gentry 9. SF-lA 9. Low Density Residential 9. 1.10 10. E. Higgins 10. SF -IA 10. Low Density Residential 10. 2.01 11. J. White 11. AG 11. Low Density Residential 11. 2.60 12. J. White 12. AG 12. Low Density Residential 12. 2.78 13. R. Reynolds (TAD 13. SF-lA 13. Low Density Residential 13. 1.13 Owner) C. Bradley (New Owner) 14. S. Luce 14. SF -IA 14. Low Density Residential 14. 1.27 15. R. Brown (TAD Owner) 15. SF-lA 15. Low Density Residential 15. 1.00 T. Stewart (Sent Letter) 16. R. Bonchak 16.SF-IA 16. Low Density Residential 16. 1.01 17. T. Chambers 17.SF-IA 17. Low Density Residential 17. 1.16 18. R. Sarpalius 18. SF- lA 18. Low Density Residential 18. 1.04 19. S. Freeman 19. SF-lA 19. Low Density Residential 19. 0.98 20. C. McDaniel 20. SF-lA 20. Low Density Residential 20. 1.18 21. K. Barz 21.SF-IA 21. Low Density Residential 21. 1.09 22. L. Garrett 22. SF-1 A 22. Low Density Residential 22. 2.92 23. D. Wallace 23. SF-lA 23. Low Density Residential 23. 2.92 24. M. Hershaw 24. SF- lA 24. Low Density Residential 24. 5.45 25. L. South 25. SF-lA 25. Low Density Residential 25. 3.01 26. S. Neuse 26. SF-lA 26. Low Density Residential 26. 2.00 27. R. Yatko 27.SF-IA 27. Low Density Residential 27. 1.53 28. W. Crane 28.SF-IA 28. Low Density Residential 28. 3.62 29. R. Derr 29.SF-IA 29. Low Density Residential 29. 6.12 30. R. Stone 30.SF-IA 30. Low Density Residential 30. 1.18 31. K. Zimmerman 31. SF -IA 31. Low Density Residential 31. 1.41 32. J. Pannell 32.SF-IA 32. Low Density Residential 32. 1.72 33. C. McCleskey 33.SF-IA 33. Low Density Residential 33. 1.95 34. N. Moffat 34. SF-lA 34. Low Density Residential 34. 1.43 35. F. Hutchins 35. SF-lA 35. Low Density Residential 35. 1.71 36. D. Scratchard 36.SF-IA 36. Low Density Residential 36. 1.89 37. T. Mullaney 37.SF-IA 37. Low Density Residential 37. 1.75 38. M. Williams 38.SF-IA 38. Low Density Residential 38. 1.78 Case No. Attachment D ZA 01-027 Page 2 39. L. Hight 39. AG 39. Low Density Residential 39. 1.20 40. R. Birchfield 40. AG 40. Low Density Residential 40. 0.80 41. Westerra Southlake 41. NR-PUD 41. Mixed Use 41. 99.84 42. W. Booker 42. AG 42. Low Density Residential 42. 0.20 43. A. Cercone 43. AG 43. Low Density Residential 43. 0.27 44. W. Booker 44. AG 44. Low Density Residential 44. 0.41 45. KM Properties (TAD 45. SF-lA 45. Low Density Residential 45. 0.99 Owner) D. Cobb (New Owner) 46. KM Properties 46. SF -IA 46. Low Density Residential 46. 0.99 47. R. Bartholomew 47. SF -IA 47. Low Density Residential 47. 1.11 48. S. Teng 48. AG 48. Low Density Residential 48. 1.07 49. C. Richardson 49. AG 49. Low Density Residential 49. 1.47 50. W. Eastwood 50. SF-20B 50. Low Density Residential 50. 0.46 Case No. Attachment D ZA 01-027 Page 3 Surrounding Property Owner Responses NOTICES SENT: Forty-eight (48) RESPONSES: Eleven (11) responses were received from within the 200' notification area: • Ruth Stone, 1421 Whispering Dell Court, Southlake, TX, opposed, "There will be drainage and flooding issues and Medium Density Housing." (Received June 12, 2001) • Sam and Chris Teng, 1312 Westmont Court, Southlake, TX, qualified in favor. See attached letter. (Received June 18, 2001) • Diane Sarpalius, 1790 Hunters Creek Drive, Southlake, TX, opposed, "I.) We understand that the property will be developed but cannot support anything less than full, 1 acre per home, lots. 2.) We also oppose brick fencing in our back yard! No brick wall dividing subdivision. 3.) No water drainage directed toward our homes at all! We are saturated!" (Received June 20, 2001) • Robert Bonchak, 1820 Hunters Creek Drive, Southlake, TX, opposed. See attached letters. (Received June 20, 2001) • Debra R. Cobb, 1045 Carroll Meadows Court, Southlake, TX, opposed, "We were promised one acre lots. We are within 200 feet." (Received June 18, 2001) • Kim and Jeff Pannell, 1418 Whispering Dell Court, Southlake, TX, opposed. See attached letter. (Received June 21, 2001) • Terry and Sue Mullaney, 1515 N. Carroll Avenue, Southlake, TX, opposed. See attached letter. (Received June 21, 2001) • Darwin Scratchard, 1410 Whispering Dell Court, Southlake, TX, opposed. See attached letter. (Received June 21, 2001). • Louise R Garrett, 1810 N Sunshine Lane, Southlake, TX, opposed, "The lot sizes are not all 1 acre — can you predict what changes I will have to make?" (Received June 21, 2001) • Donna Wallace, 1780 N. Sunshine Ln., Southlake, TX, opposed, "What kind of prediction can you in changes I will have to make in the future?" (Received June 21, 2001) • Clara N Richardson, 2101 N Carroll Ave., Southlake, TX, undecided, " R-PUD turned down last time because less than 1 acre on this side of 114 — should be I acre." (Received June 21, 2001) Nine (9) responses were received from beyond the 200' notification area: Case No. Attachment E ZA01-027 Page 1 • H. Kruckenberg, 1730 Hunters Creek, Southlake, TX, opposed. See attached letter. (Received June 19, 2001) • Jerry W. Lewis, 1030 Carroll Meadows Court, Southlake, TX, opposed. See attached letter. (Received June 19, 2001) • Lea Ann Minor, 1000 Carroll Meadows Court, Southlake, TX, opposed, "I was opposed the 1" time and went to all the meetings and I am still opposed. Even more so now that this isn't over!" (Received June 18, 2001) • Lee C. Dodson, DDS, 1020 Carroll Meadows Ct, Southlake, TX, opposed, "The one acre/lot development is the reason I moved to Southlake. I strongly support the plan to preserve this plan." (Received June 21, 2001) • Randy Blair, 850 Ownby, Southlake, TX, opposed. (Received June 21, 2001) • Tracy Blair, 850 Ownby Ln, Southlake, TX, opposed. (Received June 21, 2001) • Walter Nichols, 1613 Heatherbrook Ct, Southlake, TX, opposed, "Opposed to development due to increased traffic on Carroll and Dove. Access to Dove will come at some time. The R-PUD sham should be eliminated in Southlake." (Received June 21, 2001) • Paul Soulier, 525 Southbend Trail/1005 Carroll Meadows Ct, Southlake, TX, opposed. (Received June 21, 2001) • Mary Soulier, 525 Southbend Trail/1005 Carroll Meadows Ct, Southlake, TX, opposed. (Received June 21, 2001) A petition with 29 signatures was submitted on June 21, 2001. Case No. Attachment E ZA01-027 Page 2 ftECD ,jaw � 1 L�u� We STRONGLY OPPOSE the development plan for Hidden Creek Estates, City Case No. ZA01-027. Furthermore, we STRONGLY RESENT the way Bruce Payne and the city have arbitrarily removed our previous opposition since this is the same zoning case. Since the development plan is the zoning on a PUD, David McMahan and Four Peaks should have had to file another case and pay the $2300. Case No. Attachment E ZA01-027 Page 3 /770 l8�GNTce ,/a// /9/o C` Case No. ZA01-027 Attachment E Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-364 AN ORDINANCE AMENDING ORDINANCE NO. 4809 AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 3A1G3, 3A1G, 3A1G5, 3A1G1, 3A1G2, 3A1G4, 3A1F1, 5B3, 5B, 5B2A, 5B2, 4E, AND 4, SITUATED IN THE FRANCES THROOP SURVEY ABSTRACT NO. 1511, AND BEING APPROXIMATELY 95.9 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned "AG" Agricultural District and "SF -IA" Single -Family Residential District under the City's Comprehensive Zoning Case No. Attachment F ZA01-027 Page 1 Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly Case No. Attachment F ZA01-027 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 3A1G3, 3A1G, 3A1G5, 3A1G1, 3AIG2, 3A1G4, 3A1F1, 5B3, 5B, 5B2A, 5B2, 4E, and 4, situated in the Frances Throop Survey Abstract No. 1511, and Case No. Attachment F ZA01-027 Page 3 being approximately 95.9 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF-lA" Single -Family Residential District to "SF-lA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment F ZA01-027 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. Case No. Attachment F ZA01-027 Page 5 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: day of , 2001. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR ATTEST: day of , 2001. Case No. Attachment F ZA01-027 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA01-027 Page 7 EXHIBIT "A" Tracts 3A1G3, 3A1G, 3A1G5, 3AIG1, 3A1G2, 3A1G4, 3A1F1, 5133,513, 5132A, 5132, 4E, and 4, being situated in the Frances Throop Survey Abstract No. 1511, and being approximately 95.9 acres. LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE FRANCES THROOP SURVEY, ABSTRACT NO. 1511, TARRANT COUNTY, TEXAS. AND BEING ALL OF THE FOLLOWING CALLED TRACTS: A 2.922ACRE TRACT, A 20.543 ACRE TRACT. A 14.445 ACRE TRACT, A 2.308 ACRE TRACT, A 15.927 ACRE TRACT, A 29.395 ACRE TRACT, A 3-21 ACRE TRACT (TRACT A), A 3.21 ACRE TRACT (TRACT B), A 3.21 ACRE (TRACT C) AND A L00 ACRE TRACT DESCRIBED IN DEEDS TO JAMES C. HALTOM ET UX, OF RECORD IN VOLUME 13731. PAGE 0065, VOLUME 12950, PAGE 131, VOLUME 12659, PAGE 47, VOLUME 13870, PAGE 96, VOLUME 13870, PAGE 95, VOLUME 13689, PAGE 222 AND VOLUME 13870, PAGE 94, RESPECTIVELY, DEED RECORDS, TARRANT COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 6' WOOD POST FOUND FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF NORTH CARROLL .AVENUE AT THE S10ST WESTERN SOUTHWEST CORNER OF SAID 20.543 ACRE TRACT FROM WHICH A 518" IRON ROD FOUND FOR REFERENCE BEARS SOUTH 16'40'47" EAST, A DISTANCE OF 1.83 FEET. THENCE NORTH 00°27 40" WEST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID NORTH CARROLL AVENUE A DISTANCE OF 1001.57 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE MOST NORTHERN SOUTHWEST CORNER OF SAID 29.395 ACRE TRACT FROM WHICH A 1/2" IRON ROD FOUND FOR REFERENCE BEARS SOUTH 89'28'03" EAST, A DISTANCE OF 22.12 FEET; THENCE SOUTH. 39'2S' 03" EAST, ALONG A BOUNDARY LINE OF SAID 29,395 ACRE TRACT A DISTANCE OF 20! 42 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT AN INTERIOR CORNER THEREOF FROM WHICH A I''2" IRON ROD FOUND FOR REFERENCE BEARS SOUTH 89128' 03" EAST, A DISTANCE OF 10.00 FEET. THENCE NORTH 00005 '23" WEST, ALONG A WESTERLY BOUNDARY LINE OF SAID 29.395 ACRE TRACT A DISTANCE OF 897.48 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT THE Iv10ST NORTHERN NORTHWEST CORNER THEREOF; THENCE NORTH 89'56' 11 " EAST. ALONG A NORTH BOUNDARY LINE OF LAST MENTIONED TRACT A DISTANCE OF 791.07 FEET TO A RAILROAD SPIKE FOUND FOR CORNER IN A 6- WOOD POST AT AN ANGLE POINT IN SAID NORTH LINE. THENCE SOUTH 38 �32' 35" EAST. ALONG A NORTH BOUNDARY LINE OF SAID 29,395 ACRE TRACT A DISTANCE OF 578.72 FEET TO A 1/2" IRON ROD FOUND FOR CORNER NEAR A FENCE POST AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 1''39 14" WEST. ALONG AN EASTERLY BOUNDARY LINE OF SAID 29.395 ACRE TRACT A DISTANCE OF 651.55 FEET TO A 5/S" IRON ROD FOUND FOR CORNER AT AN INTERIOR CORNER THEREOF. THENCE NORTH Sa'27' 45 EAST. ALONG A BOUNDARY" LINE OF SAID 2_9.395 ACRE TRACT AND THE NORTH LINE OF SAID 2.308 ACRE TRACT, RESPECTIVELY. A DISTANCE OF 198.38 FEET TO A 4" X -V CONCRETE NIONUNIENT FOUND FOR CORNER AT THE NORTHEAST CORNER OF SAID 2.308 ACRE TRACT CO,NIMON TO THE NORTHWEST CORNER OF LOT 10-R OF HUNTERS RIDGE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-164, PAGE 72, ,MAP RECORDS. TARRANT COUNTY. TEXAS: THENCE SOUTH 4C=49' 17" EAST, .ALONG THE WEST BOUNDARY LINE OF SAID ADDITION A DISTANCE OF 699 -1 FEET TO A 4" X CONCRETE MONUMENT FOUND FOR CORNER AT THE SOI_TH'.VEST CORNER THEREOF CO�I.NION TO THE NORTHWEST CORNER OF SAID 14.445 .ACRE TRACT. Case No. Attachment F ZA01-027 Page 8 THENCE SOUTH 75°06' 09" EAST, ALONG THE NORTHEAST BOUNDARY LINE OF SAID 14.445 ACRE TRACT .A DISTANCE OF 642.29 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 38'52' 49" EAST, ALONG A NORTHEAST BOUNDARY LINE OF SAID 14.445 ACRE TRACT A DISTANCE OF 30.88 FEET TO A 1/2" IRON ROD FOUND FOR CORNER NEAR A 6" WOOD POST AT THE MOST WESTERN CORNER OF SAID 2.922 ACRE TRACT; THENCE NORTH 62002' 42" EAST, ALONG THE NORTHWEST BOUNDARY LINE OF SAID 2.922 ACRE TRACT A DISTANCE OF 199.47 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT THE iNIOST NORTHERN CORNER THEREOF: THENCE SOUTH 40' 17' 23" EAST. ALONG THE NORTHEAST BOUNDARY LINE OF SAID 2.922 ACRE TRACT A DISTANCE OF 635.77 FEET TO THE MOST EASTERN CORNER THEREOF IN THE NORTHWEST RIGHT-OF-WAY LINE OF SUNSHINE LANT- (50' R.O.W.); THENCE SOUTH 61'14' 07" WEST. ALONG THE NORTHWEST BOUNDARY LINE OF SAID SUNSHINE LANE A DISTANCE OF 136.52 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT AN ANGLE POINT; THENCE SOUTH 00'46' 09" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SUNSHINE LANE A DISTANCE OF 553,92 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID 3.21 ACRE (TRACT A) COMMON TO THE NORTHEAST CORNER OF THE F. THROOP NO. 151 1 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, .ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A, PAGE 1030, MAP RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89'58' 10" WEST. ALONG THE NORTH BOUNDARY LINE OF LAST MENTIONED TRACT A DISTANCE OF 1099.71 FEET TO A 1/2" IRON ROD FOUND FOR CORNER IN THE EAST BOUNDARY LINE OF WHISPERING DELL ESTATES, AN ADDITION TO THE CITY OF SOUI'HLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLLtiIE 388-143, PAGE 0010, MAP RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 00'45' 36" WEST. ALONG THE EAST BOUNDARY LINE OF LAST MENTIONED ADDITION A DISTANCE OF 416.66 FEET TO A 6" WOOD POST FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID 20.543 ACRE TRACT FROM WHICH A 1/2" IRON ROD FOUND FOR REFERENCE BEARS SOUTH 89057'55" WEST, A DISTANCE OF 2.76 FEET; THENCE SOUTH 89057' 55" WEST. ALONG A SOUTH BOUNDARY LINE OF SAID 20.543 ACRE TRACT A DISTANCE OF 1189.44 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT AN EXTERIOR CORNER THEREOF: THENCE NORTH 00040' 08" WEST. ALONG A WEST BOUNDARY LINE OF SAID 20.543 ACRE TRACT A DISTANCE OF 2 17 .62 FEET TO A 1" WOOD POST FOUND FOR CORNER AT AN INTERIOR CORNER THEREOF: THENCE NORTH 89`'50' 13" WEST, ALONG A SOUTH BOUNDARY LINE OF SAID 20.543 ACRE TRACT A DISTANCE OF 390.30 FEET TO THE PLACE OF BEGINNING AND CONTAINING 95.913 ACRES OF LAND. Case No. Attachment F ZA01-027 Page 9 I 4" City of Southlake ' Department of Planning STAFF REPORT August 3, 2001 CASE NO: ZA01-080 PROJECT: J.J. Freshour, Lot 11 REQUEST: L.L. Wesley is requesting approval for a zoning change. ACTION NEEDED: 1. Conduct Public Hearing 2. Consider 2°d reading for zoning change. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner's Responses (E) Ordinance No. 480-371 STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-080 BACKGROUND INFORMATION OWNER/APPLICANT: L.L. Wesley PURPOSE: The purpose of this request is to bring the property into compliance with city subdivision and zoning regulations. The applicant is seeking a building permit for construction of new home. PROPERTY SITUATION: 2775 Florence Road HISTORY: A single lot plat has been submitted and approved by the city staff subject to approval of an appropriate zoning change. LEGAL DESCRIPTION: Tracts 3D1, 3D2A, and 3D2 of the J.J. Freshour Survey, Abstract No. 521, being 5.0 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District P&Z ACTION: July 5, 2001; Approved (6-0). P&Z SPEAKERS: None CITY COUNCIL ACTION: July 17, 2001; Approved 1st reading on Consent (7-0). STAFF COMMENTS: A change of zoning to the "SF-lA" single family district does not require a concept plan. The city staff has approved a single lot plat for this property subject to approval of an appropriate change of zoning. NACommunity DevelopmentMP-FILES\MEM0\2001cases\01-080Z.doc Case No. ZA01-080 Attachment A Page 1 Vicinity Map J. J. Freshour No. 521 Add., Lot 11 1000 0 1000 2000 3000 Feet ViT N S E Case No. Attachment B ZA01-080 Page 1 Owner Zoning Land Use Acreage 1. S. Nair 1. SF -IA 1. Low Density Residential 1. 5.00 2. O. Scon ers 2. AG 2. Low Density Residential 2. 1.00 3. Newcastle Properties 3. AG 3. Low Density Residential 3. 1.82 4. P. Johnson 4. AG 4. Low Density Residential 4. 1.72 5. K. Bur hart 5. SF-20A 5. Medium Density Residential 5. 0.70 6. W. Roe ka 6. SF-20A 6. Medium Density Residential 6. 0.49 7. D. Brown 7. SF-20A 7. Medium Density Residential 7. 0.46 8. G. Clark 8. SF-20A 8. Medium Density Residential 8. 0.46 9. T. Lai 9. SF-20A 9. Medium Density Residential 9. 0.63 10. S. Vasandani 10. SF-20A 10. Medium Density Residential 10. 0.46 11. T. Caranci 11. SF-20A 11. Medium Density Residential 11. 0.70 12. City of Southlake 12. CS 12. Public/Semi-Public 12. 5.00 13. R. Thiel 13. SF-1B 13. Low Density Residential 13. 1.39 14. K. Wood 14. SF-1B 14. Low Density Residential 14. 1.00 15. T. Ketchem 15. SF- 1B 15. Low Density Residential 15. 1.60 Case No. Attachment C ZA01-080 Page 1 Surrounding Property Owners (OW J. J. Freshour No. 521 Add., Lot 11 NOTICES SENT: Fifteen (15) RESPONSES: Two (2) responses were received from within the 200' notification area: • Troy L. Ketchem, 2839 Florence Rd., Southlake, TX, in favor, "It will improve the property appearance." (Received June 27, 2001) • Opal Sconyers, 2700 Florence Rd., Southlake, TX, in favor. (Received July 6, 2001) Case No. Attachment D ZA01-080 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-371 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 3D1, 3D2A, AND 3D2 SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, AND BEING APPROXIMATELY 5.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned 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 Case No. Attachment E ZA01-080 Page 1 person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly 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 Case No. Attachment E ZA01-080 Page 2 original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 3D1, 3D2A, and 3D2 situated in the J.J. Freshour Survey, Abstract No. 521, and being approximately 5.0 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District. Case No. Attachment E ZA01-080 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment E ZA01-080 Page 4 Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment E ZA01-080 Page 5 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 112001. IT"N_•.1 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA01-080 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZAOI-080 Page 7 EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT That WHEREAS, L. L. Wesley is the owner of a part of the J. J. FRESHOUR SURVEY, Abstract No. 521 situated in the City of Southlake Tarrant County, Texas; embracing all of the 5 acres Tract described in the deed to L. L. Wesley recorded in volume 1477, page 347 of the Deed Records of Tarrant County, Texas and described by metes and bounds as follows: Beginning at the northwest corner of said 5 acres Tract in the approximate centerline of Florence Road and in the north line of the said FRESHOUR SURVEY, from which a 5/8" capped iron set bears south 30-77/100 feet. Thence east, along the north line of said 5 acres Tract, 156-30/100 feet to the northeast corner of said 5 acres Tract. Thence south, along the east line of said 5 acres Tract at 30-77/100 feet passing a 5/8" capped iron set in all a distance of 1393-50/100 feet to a 60 d nail in fence corner post found for the southeast corner of said 5 acres Tract. Thence west, along the south line of said 5 acres Tract, 156-30/100 feet to a 3/4" pipe found for the southwest corner of said 5 acres Tract and the southeast corner of the 5 acres Tract described in the deed to the City of Southlake recorded in volume 9145, page 46 of the said Deed Records. Thence north, along the west line of said 5 acres Tract and the east line of said City of Southlake Tract, 1393-50/100 feet to the place of beginning and containing 5 acres. The basis for bearings is the west line of said 5 acres Tract per deed call. Case No. Attachment E ZA01-080 Page 8 le City of Southlake Department of Planning STAFF REPORT August 3, 2001 CASE NO: ZA01-054 PROJECT: Red Lobster REQUEST: On behalf of Southlake Investments, LLC, GMR, Texas, LP is requesting approval of a site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider site plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-054 11 BACKGROUND INFORMATION OWNER: Southlake Investments, LLC APPLICANT: GMR, Texas, LP PURPOSE: The purpose of this request is to site plan a 7,170 square foot restaurant, and provide for a future building site. PROPERTY SITUATION: This property is located on the west side of State Hwy. 114, approximately 500' south of East Southlake Boulevard (F.M. 1709). Kirby's Steakhouse is to the north and IHOP is adjacent to this site on the South. The property faces the access road for State Highway 114. HISTORY: A plat revision reflecting the current lot lines was approved by City Council June 16, 1998. LEGAL DESCRIPTION: Lots 7 & 8, Block A, Southlake Bank Place, being 2.2 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C-3" General Commercial District TRANSPORTATION ASSESSMENT: Existing Area Road Network State Highway 114 - is currently an east -west four (4)-lane divided roadway that runs to the east of the development. This site has access to the southbound access road of State Highway 114. Common Access Easement — There is currently a 25' common access easement that runs along the west of this site. This easement connects to Industrial in Grapevine which has access to S.H. 114. There is also access to Commerce Street or the future Nolen Road, both of which have lighted intersections at East Southlake Boulevard (S.H. 114). The applicant has also agreed to dedicate a Common Access Easement across their property from S.H. 114 frontage road to the Easement in the west. There will also be a Common Access Easement that will run south through the IHOP property. r Case No. Attachment A ZA01-054 Page 1 r Traffic Impact The total number of vehicle trips per day for Red Lobster will be 954. Since the use of the second building is not known at this time, the traffic impact of this building can not be determined. Current Traffic Counts for the frontage road on State Highway 114 are not available. WATER & SEWER: There is an existing 12" water line and 6" sanitary sewer along the frontage Road of S.H. 114. The City is requesting the applicant to install an 8" water line along the south property line ESTIMATED IMPACT FEES*: Table # Water $15,612.58 Wastewater $8,570.98 Roadway $5,434.07 * Final Impact Fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: July 19, 2001; Approved (7-0), granting the requested variance for stacking depth. STAFF COMMENTS: Attached is Staff Review Summary No. 4, dated August 3, 2001. The following variance needs council action: • Building articulation • Driveway Stacking Depth The applicant submitted revised elevation plans to the City on August 2, 2001 in an effort to comply with the articulation requirements of the Corridor Overlay District as directed by the P & Z Commission. The changes reduced the degree of non-compliance. However, the design still exceeds the maximum wall lengths by 3 feet on the east fagade facing S.H. 114 and 2' feet on the north and south facades. An Amended Plat to combine Lots 7 & 8 into one lot is currently being reviewed and approved by staff. NACommunity Development\WP-FILES\MEMO\2001cases\01-054SP.doc Case No. ZA01-054 Attachment A Page 2 Vicinity Map Red Lobster 1000 0 1000 2000 3000 Feet W Case No. ZA01-054 N S E Attachment B Page 1 0 Kq Case No. ZA01-054 I .1. aag5e5 �-1 9$€5fs I IF E. d i,I 2�' LLI _t d' ipE�laS legi'3ew 51 5 � ESC5i6i �':` SSE fi aj(a •ee i pis ' i C7°•'9: ES:. `,: t14 OR tooz z o Inc U-M g o § 8 Ms: w U g� \ Attachment C Page 1 In Case No. ZA 01-054 �\� \\\� \/41. \ d \ . At Attachment C Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA01-054 Review No.: Four ect Name: Site Plan — Red Lobster, Lots 7R, Southlake Bank Place APPLICANT: GMR, Texas, LP 5900 Lake Ellenor Drive Orlando, FL 32809 Phone: 407-245-4297 Fax: 407-245-5704 Attn: John Keen ARCHITECT: Design Partnership, Inc. 211 East Broad Street Greenville, SC 29601 Phone: 864-232-8200 Fax: 864-232-7587 Date of Review: 08/03/01 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/02/01 (SITE PLAN) AND 08/02/01 (ELEVATIONS) AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS AT (817) 481-2079. General Development Standards ADnlies Comments Corridor Overlay Regulations Y See Comment No. 1 and attached chart Residential Adjacency N NA Building Articulation Y See Comment No. I and attached chart Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No. 3 Lighting Y See Comment No. 4 1. The building is not in compliance with the articulation requirements. An articulation evaluation chart is attached. The applicant is requesting a variance. 2. The building floor plan and the elevations of the north and south walls do not appear to match, please correct the discrepancies. 3. Per Ordinance No. 634, 75' of stacking is required for the drive that accesses S.H. 114. The applicant has provided 50'. The applicant is requesting a variance. Case No. Attachment D ZA01-054 Page 2 4. Change the proposed lighting type to high pressure sodium or other light type which provides a similar soft lighting effect approved by the City Building Official according to Lighting Ordinance No. 693-B. Informational Comments: * Prior to issuance of a building permit provide a 10' Utility Easement along the southern property line and a 24' Common Access Easement centered over the north and east drive lanes stubbing into the west, east, and south property lines. These easements are being provided on the proposed Amended Plat for the property. * The retail lease space will require a Revised Site Plan prior to the issuance of a building permit. * Ordinance 480, Section 42.3 requires that all bufferyards shall be along the boundary line. A 26' Common Access Easement runs along the western property line. The applicant has moved the buffer to run along this easement. * Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet (3') or greater must be planted at a minimum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. This may require additional shrubs over and above those required within the adjacent bufferyard. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 75% for the "C-3" Zoning District. The impervious coverage area percentage of this is approximately 65% * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment Case No. Attachment D ZA 01-054 Page 3 Articulation Evaluation No.4 Case No. ZA 01-054 jDate of Evaluation: 08/03/01 Elevations for Red Lobster Received:08/02/01 Front - facing: East wall ht . 8 Horizontal articulation IVertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 24 27 13% No 24 19 -21% Yes Min. artic. offset 1 7 700% Yes 1 4 100% Yes Min. artic. length 7 5 -29% No 5 18 160% Yes Rear.- facing West lWall ht . = n/a Horizontal articulation Vertical articulation Requiredl Provided Delta Okay? Required Provided Delta Okay? Max. wall length Not visible from Yes Yes Min. artic. offset SH114 Yes Yes Min. artic. length Yes Yes Right - facing: North Wall ht . 8 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 24 26 8% No 24 27 13% No Min. artic. offset 1 3 200% Yes 1 11 1000% Yes Min. artic. length 7 23 229% Yes 7 7 0% Yes Left - facing: South Wall ht . 8 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 24 26 8% No 24 23 -4% Yes Min. artic. offset 1 4 300% Yes 1 1 0% Yes Min. artic. length 12 23"'-. Yes 8 23 188% Yes - Case No. ZA 01-054 Attachment D Page 3 Surrounding Property Owners Red Lobster Owner Zoning Land Use Designation Acreage 1. Gateway Properties, JV 1. C-3 1. Retail Commercial 1. 2.00 acres 2. Southfork Properties, Ltd. 2. C-3 2. Retail Commercial 2. 1.67 acres 3. Osirisi Properties, Inc. 3. C-3 3. Retail Commercial 3. 4.89 acres Case No. Attachment E ZA01-054 Page 1 Surrounding Property Owner Responses Red Lobster Notices Sent: Three (3) Responses: None Case No. Attachment F ZA01-054 Page 1 v 40 City of Southlake DeDartment of Planning STAFF REPORT August 3, 2001 CASE NO: ZA01-071 PROJECT: Red Lobster REQUEST: On behalf of Southlake Investments, LLC, GMR, Texas, LP is requesting approval of a specific use permit for sale of alcoholic beverages. ACTION NEEDED: 1. Conduct public hearing 2. Consider specific use permit request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Exhibit (D) Surrounding Property Owner Map (E) Surrounding Property Owner's Responses (F) Resolution No. 01-055 STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-071 BACKGROUND INFORMATION OWNER: Southlake Investments, LLC APPLICANT: GMR, Texas, LP PURPOSE: The purpose of this request is to allow the sale of alcoholic beverages in a sit- down restaurant. PROPERTY SITUATION: This property is located on the west side of State Hwy. 114, approximately 500' south of East Southlake Boulevard (F.M. 1709). Kirby's Steakhouse is to the north and IHOP is adjacent to this site on the South. The property faces the access road for State Highway 114. HISTORY: A plat revision reflecting the current lot lines was approved by City Council June 16, 1998. A site plan is being processed concurrently with this application. LEGAL DESCRIPTION: 2079 East S.H. 114, beiong a portion of Lots 7 & 8, Block A, Southlake Bank Place. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C-3" General Commercial District P&Z ACTION: July 19, 2001; Approved (7-0). STAFF COMMENTS: A site plan is being processed concurrently with this application, case ZA01- 54). This site shall be subject to all conditions of approval for that application. A site exhibit is found under attachment `C' of this report. N:\Community Development\WP-FILES\MEM0\2001cases\01-071SP.doc Attachment A Case No. Page 1 ZA01-071 Vicinity Map Red Lobster 1000 0 1000 2000 3000 Feet M Attachment B Case No. Page 1 ZA01-071 �w M 1 114 ell —z-am.-M Ad. Y woz z 0 -Inc U-M jig, Attachment C Case No. Page 1 ZAOI-071 Surrounding Property Owners Red Lobster Owner 1. Gateway Properties, JV 2. Southfork Properties, Ltd. 3. Osirisi Properties, Inc. Case No. ZA01-071 Zoning Land Use Designation Acreage 1. C-3 1. Retail Commercial 1. 2.00 acres 2. C-3 2. Retail Commercial 2. 1.67 acres 3. C-3 3. Retail Commercial 3. 4.89 acres Attachment D Page 1 Surrounding Property Owner Responses Red Lobster Notices Sent: Three (3) Responses: None Case No. Attachment E ZA01-071 Page 1 RESOLUTION NO.01-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2079 EAST S.H. 114, BEING A PORTION OF LOTS 7 AND 8, SOUTHLAKE BANK PLACE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDES 4546 AND 4547, PLAT RECORDS, TARRANT COUNTY, TEXAS„ MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the sale of alcoholic beverages for on -premise consumption has been requested by a person or corporation having a proprietary interest in the property zoned as "C-3" General Commercial District; and, WHEREAS, in accordance with the requirements of Sections 45.1 (1) and 45.6 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. Attachment F Case No. Page 1 ZA01-071 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I. A Specific Use Permit is hereby granted for the sale of alcoholic beverages for on -premise consumption on the property located at 2079 East S.H. 114, being a portion of Lots 7 and 8, Block A, Southlake Bank Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4546 and 4547, Plat Records, Tarrant County, Texas, more fully and completely described in Exhibit "A", and as depicted on the approved development plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _ DAY OF 92001. CITY OF SOUTHLAKE By: Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas Rick Attachment F Case No. Page 2 ZA01-071 EXHIBIT "A" 2079 East S.H. 114, being a portion of Lots 7 and 8, Block A, Southlake Bank Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4546 and 4547, Plat Records, Tarrant County, Texas. Attachment F Case No. Page 3 ZA01-071 LM EXHIBIT "B" tooz 0 Inc cr) WI -M Case No. ZAOI-071 14 R11 Attachment F Page 4 EXHIBIT "C" This page reserved for the approved City Council motion. Attachment F Case No. Page 5 ZA01-071 M City of Southlake Department of Planning STAFF REPORT August 3, 2001 CASE NO: ZA01-074 PROJECT: Building 1C, Block 1, Southlake Town Square REQUEST: On behalf of Southlake Venture West, Cooper & Stebbins is requesting approval of a revised site plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider revised site plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Dennis Killough (480-2073) Case No. ZA01-074 V BACKGROUND INFORMATION OWNER: Southlake Venture West APPLICANT: Cooper & Stebbins PURPOSE: The purpose of this request is to acquire a building permit for Building 1C in Block 1 of Southlake Town Square and relocate parking spaces. The building footprint was approved with the original development plan. The primary purpose of this request is to approve the building design. PROPERTY SITUATION: 1256 Main Street. LEGAL DESCRIPTION: Block 1, Southlake Town Square Phase I. LAND USE CATEGORY: Mixed Use CURRENT ZONING: "NR-PUD" Non -Residential Planned Unit Development P&Z ACTION: July 19, 2001; Approved (7-0), granting requested variance (Item (1)). STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated July 13, 2001. The following variances need council action: • Horizontal and vertical articulation Case No. Attachment A ZA01-074 Page I (4w,Vicinity Map Lot 1R, Southlake Town Square 1000 0 1000 2000 3000 Feet W N S E Attachment B Case No. Page 1 ZA01-074 11 Attachment C Page 1 A Case No. ZA01-074 F D-9 D' _.111 L Attachment C Page 2 SITE PLAN REVIEW SUMMARY Case No.: ZA01-074 Review No.: Two Date of Review: 07/13/01 Project Name: Revised Site Plan — Southlake Town Square, Phase 1, Stage 4, Block 1 APPLICANT: Cooper & Stebbins 1256 Main Street, Suite 240 Southlake, TX 76092 Phone: (817) 329-8400 Fax: (817) 251-8717 ARCHITECT: Beck Architecture Phone: (214) 522-8494 Fax: (214) 522-8537 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/02/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comments No. 1 Residential Adjacency Building Articulation Masonry Standards Impervious Coverage Y See Comments No. 1 Y Complies Y Complies Y Complies Bufferyards Interior Landscape Driveways Y Complies Y Complies Y Complies Lighting Y Complies Fagade articulation is required in accordance with Ordinance 480-224 and 480, Section 43.9.c.l.d. The articulation is deficient, both horizontally and vertically, in offset width and lengths. However, the structure appears to conform with the architecture and style of previously approved site plans in Town Square. (A variance has been requested.) Informational Comments: k 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, Street, Water & Sewer Impact and Tap Fees, and related Permit Fees. * No review of proposed signs is intended with this site plan. A separate sign permit is required prior to construction of any signs Attachment D Case No. Page 1 ZA01-074 Surrounding Property Owners Lot 1R, Southlake Town Square � y Q. C J � J Q ` Q owasacc � s•a¢� 1 CNIG0. g a�O p,unrrin a Owner Zonin g Land Use Acreage 1. 0 5.0 1. Southlake Venture 1. NR-PUD 1. Mixed Use 2. .6 2. City of Southlake 2. NR-PUD 2. Mixed Use 3. 81 0..81 3. City of Southlake 3. NR-PUD 3. Mixed Use 4. 094 4. City of Southlake 4. NR-PUD 4. 5. Mixed Use Office Commercial 5. 5. South Carroll/1709 Ltd. 5. SP-2 6. Medium Density Residential 6. 18.06 6. A. Prade 6. 7. AG9.52 SP-2 7. Mixed Use 7. 0.51 7. 8. Southlake Venture Southlake Venture 8. NR-PUD 8. Mixed Use 8. 0.26 3.0 9. AG 9. Medium Density Residential 9. 9. J. Strunck Attachment E Case No. Page 1 ZA01-074 Surrounding Property Owner Responses �- Lot 1R, Southlake Town Square M Notices Sent: Five (5) Responses: One (1) response was received within the 200' notification area: • Juergen Strunck, 200 N. Carroll Avenue, Southlake, TX, in favor, "It seems to follow the (modified) plans for Town Square." (Received July 17, 2001) One (1) response was received outside the 200' notification area: • David Palmer(for SEC Carroll1I 709, Ltd.), 3102 Maple Ave., Ste. 500, Dallas, TX, in favor. (Received July 19, 200 1) Attachment F Case No. Page 1 ZA01-074 QuinjW Corporatlon OALLAS DIVISION '14450 Unity Boulev u0, Sulie 300 Fort Wudh.Texas 76155 817.358-76M Mena FAX.917.858.0213 August 3, 2001 Bruce Payne Director of Planning City of Southlake 1400 Main Street Southlake, Texas 76092 VIA FACSIMILE Dear Bruce: to be heard at the August QuikTrip Corporation is hereby requesting to table its zoning conflicts, Please feel free to calle 7°i City Council Meeting until August 21due to scheduling if you have any questions. Sincerely, Chad M. Stanford Real Estate Manager REa 1'.� i2 03 2001 L/L 3Oyd £1L09591.19 3YlIya—tO b0 zt (1-3):ooz SO Orly V, City of Southlake • • Department of Planning STAFF REPORT August 3, 2001 CASE NO: ZA01-075 PROJECT: Kirkwood Hollow Phase III REQUEST: On behalf of 300 Convent Street, Four Peaks Development and Warren Clark Development is requesting approval of a preliminary plat. ACTION NEEDED: 1. Consider preliminary plat. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) �w STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-075 BACKGROUND INFORMATION OWNER: 300 Convent Street APPLICANT: Four Peaks Development and Warren -Clark Development PURPOSE: The purpose of this request is to plat the remaining portion of Kirkwood Hollow Subdivision, 29.46 acres of land, into 49 residential lots. PROPERTY SITUATION: This property is located on the northeast corner of Kirkwood Boulevard and Dove Road. HISTORY: A rezoning and concept plan for Kirkwood Hollow was approved by the City Council on October 2, 1995. Development has been steady with Phases I and II. City Council approved the development plan for Phase III of Kirkwood Hollow on August 17, 1999. LEGAL DESCRIPTION: Tract lE out of the J.B. Martin Survey, Abstract 1134, and Tracts 1, 1B, 1C, 1C1, 1C2, 1D, 1D1, IE, lEl, 1F, 1F1, 1G, 114, and 1J1 out of the R.D. Price Survey, Abstract 1207, totaling 29.46 acres. �w LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "R-PUD" Residential Planned Unit Development District. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan shows W. Dove Street to be a 5-lane, undivided arterial street with 94' of right-of-way. The applicant is dedicating 42' of right-of-way with an additional dedication of 20' for parkland. The plan shows N. White Chapel Boulevard to be a 2-lane, undivided collector street with 70' of right-of-way north of W. Dove Street. Kirkwood Hollow is shown to be a 4-lane, divided arterial street with 100' of right-of- way. Adequate right-of-way is shown to be dedicated for these streets. Existing Area Road Network and Conditions The proposed subdivision will have two (2) accesses directly onto Kirkwood Blvd. There are no access points onto W. Dove Street or N. White Chapel Blvd. Kirkwood Blvd. is currently half -built along the Kirkwood Hollow Case No. Attachment A ZA01-075 Page 1 neighborhoods. The northbound portion of the proposed divided arterial exists as a 2-lane, undivided street for access to the subdivision. The southbound side will be constructed at time of development of the property across the street to the West (Verizon). W. Dove Street and N. White Chapel Blvd. are currently 2-lane, undivided arterial streets. W. Dove Street is currently under construction at the intersection with S.H. 114. May, 2001 traffic counts on W. Dove Street (between N. White Chapel Blvd. & S.H. 114): Table 1 24hr West Bound (WB) (568 East Bound (EB) (527 WB Peak A.M. 46 8 - 9 a.m. Peak P.M. 48 12-1 p.m. EB Peak A.M. 49 11-12 a.m. Peak P.M. 46 2-3 p.m. Traffic Impact Use Units Vtpd* AM- IN AM- OUT PM- IN PM - OUT Residential Lots 49 469 10 28 32 18 *Vehicle Trips Per MY *The AM/PM times represent the number of vehicle trips generated during the peak travel times on W. Dove Street. Pathways Master Plan An eight (8) foot multi -use trail is required along W. Dove Street and N. White Chapel. Four (4) foot sidewalks are required along one side of the street within the development as approved with the development plan. There is an existing six (6) foot sidewalk on the East side of Kirkwood Boulevard. WATER & SEWER: The development will connect water and sewer services to an existing 12" water line and a 24" sanitary sewer line along the west side of Kirkwood Boulevard. ESTIMATED IMPACT FEES*: P&Z ACTION: STAFF COMMENTS: Case No. ZA01-075 TLl ') 1 aule J Water $91,073.36 assumes 49 - 1" simple meters Wastewater $56,753.76 assumes 49 - V simple meters Roadway $73,287.83 assumes 49 residential lots �t ti— t;,.,P of hnilriinc * Final Impact Fees are aetermmea Dy Lae nutiuiiis O�.YIVVJ F• ... -- --- --- — permit issuance. The fees shown above only represent estimates prepared by the Planning Department. July 19, 2001; Approved (6-1), granting set back variances. Attached is Plat Review Summary No. 2, dated July 13, 2001. Attachment A Page 2 Vicinity Map Kirkwood Hollow, Phase III 1000 0 1000 2000 3000 Feet Attachment B Case No. Page 1 ZA01-075 Case No. Attachment C ZA0I-075 Page 1 0 p x 0 I N ' O =6 o ? a � p O J sz m a a+ !FrV�Ya, F 4 S��m x a ..m a <m (alu i i d 1 � i I� r _ I� On Case No. Attachment C ZA01-075 Page 2 PLAT REVIEW SUMMARY Case No.: ZA01-075 Review No.: Two Project Name: Preliminary Plat — Kirkwood Hollow Phase III APPLICANT: Four Peaks Development David McMahan 726 Commerce St. Suite 109 Southlake, TX 76092 Phone: (817) 329-6996 Fax: (817)481-4074 Date of Review: 07/16/01 ENGINEER: Huitt-Zollars, Inc. Mark Lamoureux or Ocie Vest 3131 McKinney Ave. Suite 600 Dallas, TX 75204 Phone: (2 4) 871-3311 Fax: (214) 871-0757 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/02/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. 1. A 35' building setback line is required along all street frontages. The P&Z and/or City Council may allow a reduction to a 15' building setback line along a side yard adjacent to a street. The applicant has requested a 25' building setback on the side yards adjacent to the street on Lots 4, 5, & 27 in Block 2. 2. Provide an 8' multi -use trail along W. Dove and N. White Chapel. The pedestrian access plan shows a 4' and a 6' sidewalk respectively. Informational Comments: * Although there are a few lot lines that are not perpendicular or radial, they appear to meet the intent of this requirement. City Council approved the Development Plan with shown lot lines. * The thoroughfare plan indicates a 94' R.O.W. for the section of W. Dove Road to which the property fronts. City Council approved the Development Plan on August 17, 1999 allowing dedication of 42' of R.O.W. from centerline plus 20' of parkland. * It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off - site sewer extensions, off -site drainage and utility easements and impact fees. * Denotes Informational Comment Case No. Attachment D ZA01-075 Page 1 Surrounding Property Owners Kirkwood Hollow, Phase III Owner Zoning Land Use Acreage 1. 300 Convent Street Corp. 1. R-PUD 1. Medium Density Residential 1. 0.71 2. Kirkwood Hollow HOA 2. R-PUD 2. Medium Density Residential 2. 0.71 3. Kirkwood Hollow HOA 3. R-PUD 3. Medium Density Residential 3. 0.11 4. Carroll ISD 4. SF -IA 4. Medium Density Residential 4. 7.02 5. T. McGregor 5. AG 5. Low Density Residential 5. 3.60 6. J. Tate 6. AG 6. Low Density Residential 6. 4.50 7. R. Tate 7. AG 7. Low Density Residential 7. 1.13 8. J. Tate 8. AG 8. Low Density Residential 8. 4.30 9. City of Southlake 9. SF-lA 9. Low Density Residential 9. 30.23 10. City of Southlake 10. SF-lA 10. Low Density Residential 10. 1.02 11. City of Southlake 11. CS 11. Public/Semi-Public 11. 1.75 12. Westerra Southlake LP 12. SP-2 12. Mixed Use 12. 56.58 13. Maguire Partners Solana 13. NR-PUD 13. Mixed Use 13.46.50 Holding Case No. Attachment E ZA01-075 Page 1 Surrounding Property Owner Responses Kirkwood Hollow, Phase III Notices Sent: Ten (10) Responses: None Attachment F Case No. Page 1 ZA01-075 City of Southlake, Texas MEMORANDUM August 7, 2001 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Request for a variance to Sign Ordinance No. 704-A for Sally Beauty Supply located at 2125 W. Southlake Boulevard, Suite 375. Action Requested: City Council consideration of a variance to Sign Ordinance 704-A. Background l business located at 2125 W. Southlake Boulevard, Information: Sally Beauty Supply is a retai Suite 375. Drews Realty Investments, on behalf of Sally Beauty Supply, is requesting a variance to install a sign as shown on the attached plans. This would vary the following sections of Sign Ordinance No. 704-A . • Section 16.A ATTACHED SIGN • A.3. MAXIMUM AREA: The sign has a total area of 24 square feet. The maximum area allowed for a sign is 75 per cent of the store front. The store front at this location is 19 feet, therefore, the maximum area allowed would be 14.25 square feet. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the request, deny the request, or approve it subject to whatever conditions they deem appropriate. Supporting Documents: Variance Application Form Site Plan Ordinance No.704-A, Section 16.A. 1.2.3.4.5.6.7.8.9. Photo Rendition Staff Recommendation: Place the variance request on the August 7, 2001 City Council meeting for disposition. RB/sv 1 The following sections have been excerpted from the Sign Ordinance No. 704-A SEC. 14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self- imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square foot area used for building identification. 2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Maximum Letter/Logo Height Less than 100 ft. 12 inches 101 - 150 ft. 18 inches 151 - 200 ft. 24 inches 201 - 250 ft. 30 inches 251 - 300 ft. 36 inches 301 and greater 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). 3. MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet (see Appendix 'A' for further clarification). 4L NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to twenty-five percent (25%) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter/logo height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space (see Appendix `B' for further clarification). 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (75%) of the width of any building or lease space. In the event the lease space facade is horizontally articulated, the 75% rule shall apply to the allowed sign to be located on any single plane facade (see Appendix'B' for further clarification). 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height (see Appendix 'B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See Appendix `B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building, excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within one hundred fifty feet (150') of the property line of said residential property. 3 M CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION APPLICANT NAME: ADDRESS: PHONE: FAX: OWNER (if different) The following information pertains to the location for which the variance is requested JUL. 1 x 2001 -I NAME OF BUSINESS OR OPERATION: `6a) LAhPau T,� o I N STREET ADDRESS: 212 S �nu�l�l lak blv T 5 ; Soukl� lake 44P09Z r i LEGAL DESCRIPTION: phase I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. I fiuther understand that it is necessary to have a representative at the City Council meeting who is authorized to discuss this request. Applicant's signature: The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should fiuther refer to the Sign Ordinance No.704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. Completed sign variance request application. �- Completed demonstration of conditions applicable to the requested variance (see attached.) . ce request and an other signs that conform to Site plan showing the location of the sign vanan q y gn or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R. 0. W. V Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. 4 SallyBeauty.sign variance demonstration Demonstration Please demonstrate that the following, conditions are applicable to the requested sign variance: 1 That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical difficulty on the applicant Because of this Tenant's narrow frontage, signage in compliance w/City's Ordinance (.75 x frontage) would appear inconsistent w/other Tenant's signage @ this Shopping Center. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. This Tenant's narrow frontage is not a product of its occupying a smaller- than-another's space, but of its depth (>75') - so constructed to better fit the site. 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. Rather than injure, the approval of this variance will provide for more compatible signage at this location. 4 . That the variance will be in harmony with the spirit and purpose of the sign ordinance. The requested variance will more adequately allow this Tenant's signage to be more consistent and harmonious with other tenants' signage throughout all three phases of this Shopping Center. A JTTF [UPI-Ri FIT 1 T-MTU-n Ro KTAA.!A' 15.72280. FIET&L-7 HAM OF. 7' 'ITI UT- I JF oe LAWSCAPF 5.5 AREA 7 NO TITIMMIR l. -.- IF.- : 1 11 1 --- -[litiLLLLLW IL 111 M-11 Hl fu idiW-Ul Lili I F.M. No. 1709 (SOUTHLAKE BLVD.) 6 � 0 7 —I I � k E \ 2 � - a , 2 kn w �QQo@ @ � t Ir F LU .�■Zk} & cc j Q ICL \CL (n Lb cn� u@ zz==( _w 00 05E /<V50a<- TO: City of Southlake, Texas MEMORANDUM August 7, 2001 Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Request for a variance to Sign Ordinance No. 704-A for Brook Mays Music located at 2105 W. Southlake Blvd. Suite 225 Action Requested: City Council consideration of a variance to Sign Ordinance 704-A. Background Information: Brook Mays Music is a retail business located at 2105 W. Southlake Boulevard. Suite 225. Drews Realty Investments, on behalf of Brook Mays Music, is requesting a variance to install a sign as shown on the attached plans. This would vary the following sections of Sign Ordinance No. 704-A . il • Section 16.A ATTACHED SIGN • A.3. MAXIMUM AREA: The sign has a total area of 107 square ft. The maximum allowed area for an attached sign is .75 square feet for every one foot of width of building or lease space not to exceed 400 square feet. The store front at this location is 71 feet, therefore the maximum allowed area would be 53.25 square feet. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the request, deny the request, or approve it subject to whatever conditions they deem appropriate. Supporting Documents: Variance Application Form Site Plan Ordinance No.704-A, Section 16.A. 1.2.3.4.5.6.7.8.9. Photo Rendition Staff Recommendation: Place the variance request on the August 7, 2001 City Council meeting for disposition. RB/sv 1 ,The following sections have been excerpted from Sign Ordinance. 704-A SEC.14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self- imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square foot area used for building identification. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Maximum Letter/Logo Heieht Less than 100 ft. 12 inches 101 - 150 ft. 18 inches 151 - 200 ft. 24 inches 201 - 250 ft. 30 inches 251 - 300 ft. 36 inches 301 and greater 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). 3. MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet (see Appendix'A' for further clarification). 4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to twenty-five percent (25%) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter/logo height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space (see Appendix `B' for further clarification). 2 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (75%) of the width of any building or lease space. In the event the lease space facade is horizontally articulated, the 75% rule shall apply to the allowed sign to be located on any single plane facade (see Appendix'B' for further clarification). 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height (see Appendix `B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See Appendix `B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building, excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front of the building) which faces property zoned fpr single-family residential uses if the sign is within one hundred fifty feet (150') of the property line of said residential property. 3 986 vvzrs _ twA---UU U1 1if: ebP UuLioxnc D JJL li 7 iJ sJ ! !- i i `Elc 1IG 1_ %V ►"ca 817481S713 i CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION NAME: Ok ADDRESS: IF&O - SZwk per PHONE; FAX: (.yW) - %z / r, ?0d 1 OWNER (if different) %o d YGu_)S re' aNiA i hvP 580 Cowl r► e'r(_e lit Z-{p, SoLA I a W The following information pertains to the location for which the variance is king requested: NAME OF BUSINESS OR OPERATION: a=& I as / uris — _^4em!t PHYSICAL .2(01 ADDRESS,Al %%AAe. QI,J• #22F LEGAL DESCRIPTION: Lot _4 6ck__,8ubdivisionSoU-M1(aK�Crossinf� �ilastl i hereby certify that this application is complete as per the requirements of Sign Ordinance No, 704 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting who is authorize to dies this request. Applicant's signature; Date: -7/3 0 The following checklist is a summary of requirements for sign variance requests as required by the City of Southtake. The applicant should further refer to the Sign Ordinance No. 704 and amendments, and other ordinances maps. and codes available at the City Hall that may pertain to this sign variance request. Completed sign variance request application. Completed demonstration of conditions applicable to the requested variance (see attached.)_ / Site plan showing the location of the sign variance request and any other signs that conform to or airs exempt from the sign ordinance. The site plan shall also Indicate the building, landscaped areas. parking & approaches and adjoining !/ street P. O. W. Scaled and dimensioned elewtbns of the signs for which the variance is requested. For attached signs, the eievatlons shaft show the building, the sign for which the variance Is requested, and any other signs that conform to or are exempt from the sign ordinance. 4 Jul 09 01 12:2Gp Building D Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: 1. That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical difficulty on the applicant. a,re4 61��d; /it ofuc � d,��rti�c ��- i C ff,CC,T - o "t r 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. rs uA'uc 4cctcoc of our /cam' 4- eC Ai CJCU 7o a ova �j' ace fie-u 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. Cur /lq C-1 if Jitk Ickr 4. That the variance will be in harmony with the spirit and purpose of the sign ordinance. OLr f�j-�oac�'C�,� ati e�Jfi.. iN: wpflleslbuildingWariance.app 5 O O IN �I0 R 7a Ne 0 E \ « � � ■ 1 f i r 10