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1996-08-20 CC Packet
MEMORANDUM August 13, 1996 TO: Curtis E. Hawk, City Manager FROM: Edward S. McRoy, Administrative and Planning Intern SUBJECT: NCTCOG Solid Waste Grant Contract On February 22, 1996 the Executive Board of the North Central Texas Council of Governments (NCTCOG) approved the City's grant application for $30,000 to establish a backyard composting program. Since that time I have been working with the City attorneys and the NCTCOG officials to finalize the terms of the contract for this program. This is a new grant program and so it has taken some time to work out all the contract details between the NCTCOG, the Texas Natural Resource Conservation Commission (TNRCC) and the City. The grant pays for the purchase of composting bins which are to be distributed to city residents free of charge once they complete a training seminar. The grant also provides funds for promotional expenses. The City, together with Keep Southlake Beautiful, provides the training seminars and pays for administrative costs. The Southlake Composting Program has been a complete success and a model of public/private partnerships. As of August 1, we have held 4 seminars and trained approximately 160 residents. This success would not have been possible without the extraordinary team effort of the TNRCC, the NCTCOG, Keep Southlake Beautiful, the Parks and Recreation Department, the Department of Public Works and a number of individuals too numerous to mention. Completing the contract with the Mayor's signature will allow the NCTCOG to release the funds they have committed to the City. Please place this item on the City Council's agenda for their August 20 meeting. �=-5� ESM cc: Lou Ann Heath, Finance Director Kim McAdams -Lenoir, Director Parks and Recreation Kevin Hugman, Assistant to the City Manager Lisa Stokdyk, President Keep Southlake Beautiful Main Contract tt 6106040061 Subcontract 9 96-04-G22 • NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS INTERLOCAL AGREEMENT FOR SOLID WASTE PROJECT The Texas Natural Resource Conservation Commission has certified that it has the authority to contract with North Central Texas Council of Governments by authority granted in the Current Appropriations Act; Texas Water Code, section 5.229 and Texas Health and Safety Code, Chapter 371. Funds for this subcontract are provided from the Solid Waste Disposal Fund, through Texas Natural Resource Conservation Commission contract #6106040061 with North Central Texas Council Of Governments. The NCTCOG has certified, and the SUBCONTRACTOR certifies that it has authority to perform the services contracted for by authority granted in "The Intedocal Cooperation Act," Texas Govemment Code, Chapter 791. This Intedocal Agreement is entered into by and between the parties named below. Neither TNRCC nor the State of Texas is a party to this Intedocal Agreement. I. CONTRACTING PARTIES: The Contractor: North Central Texas Council of Govemment Herein referred to as "NCTCOG" The Subcontractor: City of Southlake Herein referred to as "SUBCONTRACTOR" 4W. SERVICES TO BE PERFORMED: ee "Attachment B - Work Program and Schedule of Deliverables of SUBCONTRACTOR" III. BUDGET AND PAYMENT PROCEDURES: See "Attachment C - Budget and Payment" IV. ADDITIONAL CONTRACT PROVISIONS: See "Attachment A - Special Provisions & Attachment D - General Provisions" COUNCIL OF GOVERNMENT North Central Texas Council of Governments Contractor Signature Mike Eastland Name Executive Director Title Date • ,5A- NCTCOG -City of Southlake - Backyard Composting SUBCONTRACTOR City of Southlake Subcontractor Signature Name Mayor Title Date • North Central Texas Council of Governments Solid Waste Interlocal Agreement Table of Contents Attachment A. Special Provisions Article 1 Period of Performance Article 2 Scope of Services Article 3 Obligations Article 4 Identification of the Funding Source Article 5 Reporting Requirements Article 6 Monitoring Requirements Article 7 Compliance with Applicable Laws Article 8 Prohibited Uses and Activities Article 9 Authorized Representatives Article 10 Theme Phrase for Educational Materials Article 11 Supplies Article 12 Other Expenses Attachment B. Work Program and Schedule of Deliverables Attachment C. Budget Attachment D. General Provisions Article 1 Legal Authority Article 2 • Scope of Services Article 3 Purpose Article 4 Types of Solid Waste Implementation Projects & Applicant Article 5 Examination of Records Article 6 Insurance and Liability Article 7 Audits & Accounting Systems Article 8 Amendments to Interlocal Agreement Article 9 Termination of Interlocal Agreement Article 10 Severability Article 11 Copyright Clause Article 12 Employment Practices Article 13 Oral and Written Agreements Article 14 ADA Requirements Article 15 Utilization of Historically Underutilized Business Enterprise Article 16 Force Majeure Article 17 Entire Interlocal Agreement Appendix - Report Forms Bi-monthly Report Final Reports - Forms R1, R 1 a and R1h. Financial Report Form ,.5A -3 NCTCOG - City of Southlake - Backyard Composting 2 • North Central Texas Council of Governments Solid Waste Interlocal Agreement Attachment A: Special Provisions Article 1 Period of Performance The period of performance of this agreement begins on March 8, 1996 and ends on August 31, 1997. Article 2 Scope of Services All parties agree that the SUBCONTRACTOR, in consideration of compensation hereinafter described, shall provide the services with NCTCOG as specifically described in Attachment B of this Agreement and will follow the Special and General Provisions. The SUBCONTRACTOR agrees to implement the Project according to the agreed upon budget show in Attachment C of this agreement. Article 3 Obligations (a). Measure of Liability In consideration of full and satisfactory performance hereunder, NCTCOG will be liable to leBCONTRACTOR in an amount equal to the actual costs incurred by SUBCONTRACTOR in Bering such performance, subject to the following limitations: • 1. NCTCOG is not liable for expenditures made in violation of , Article 8, of this Attachment which outlines prohibited activities as defined by the Texas Natural Resource Conservation Commission (TNRCC), as excerpted from "General Provisions for Texas Natural Resource Conservation Commission's List of Prohibited Activities." 2. NCTCOG is not liable for any costs incurred by SUBCONTRACTOR in the performance of this agreement which have not been billed to NCTCOG within thirty (30) days following termination of this agreement. 3. NCTCOG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of this agreement or after termination of this agreement. 4. Except as specifically authorized by NCTCOG in writing, NCTCOG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in Federal OMB Circular A-87. 5A-L� NCTCOG - City of Southlake - Backyard Composting 3 a(b). Method and Schedule of Payment 1. Request for Reimbursement/Financial Report. SUBCONTRACTOR may submit a request for reimbursement no more often than once a month, by the tenth day following the end of each month for which expenditures are claimed. SUBCONTRACTOR must use the required Financial Report form with original signatures and provide documentation (invoices, etc.) if any construction, equipment or contractual expenses are claimed. Expenses must be itemized on each Financial Reporting/Request for Reimbursement form. Allowable expenditures are those authorized per the approved budget, Attachment C. The Financial Report/Request for Reimbursement should be sent to the NCTCOG Project Representative listed in exhibit A-1. 2. For all requests for reimbursement of equipment, payments will only be approved if the NCTCOG Project Representative has certified, in writing, that the equipment has been purchased and delivered to the SUBCONTRACTOR. 3. Payments. Upon review and approval of each such financial report/request for reimbursement, NCTCOG will make payment to SUBCONTRACTOR not to exceed the total approved budget of the grant project. No payment on any submitted claim for reimbursement shall be made if the balance for any single budget category identified in Attachment C of this Interlocal Agreement reflects a deficit of: (i) more than ten percent (10%) for budget categories having approved amounts of $1,000, or greater, or (ii) more than fifteen percent (15%) for budget categories having approved budget • amounts of less than $1,000; 4. The final Financial Report/Request for Reimbursement must be submitted within 30 days of the end of the project. (September 30, 1997) Article 4 Identification of the Funding Source The SUBCONTRACTOR shall give credit to the Texas Natural Resource Conservation Commission and the North Central Texas Council Of Governments as the funding source in all oral presentations, written documents, publicity, and advertisement regarding any activities which are described in the Work tasks covered by this Agreement. Article 5 Proiect Reporting Requirements (a). The SUBCONTRACTOR shall prepare and submit to the NCTCOG, a bi-monthly written progress report concerning performance under this Interlocal Agreement documenting accomplishments and units of work performed under Attachment B of this agreement. See Appendix for Bi-monthly Report format. All progress reports shall be submitted by the tenth day of the month during which there is a meeting of the Regional Partnership relative to this project. The SUBCONTRACTOR is encouraged to attend the bi-monthly Regional Partnership meetings. The SUBCONTRACTOR'S bi-monthly progress reports should contain descriptions of activities for the NCTCOG to ensure that the provisions of this Interlocal Agreement are being complied with. In particular, any legal research and related legal activities shall be clearly 10 etailed in the bi-monthly progress reports in order to assure the NCTCOG that the activities re not prohibited under Article 8 of this Interlocal Agreement (relating to Prohibited Activities). � A -5 NCTCOG - City of Southlake - Backyard Composting 4 The SUBCONTRACTOR shall comply with any reasonable request by the NCTCOG for dditional information on activities conducted in order for the NCTCOG to adequately monitor he SUBCONTRACTOR'S progress in completing the requirements of and adhering to the provisions of this Interlocal Agreement (b). A final progress report shall be provided in conjunction with the final request for payment under this Interlocal Agreement, but, in no case later than 30 days after the end of the Interlocal Agreement period. Payments (reimbursements) required under this Interlocal Agreement may be withheld by the NCTCOG until such time as any past due progress reports are received. The final report shall consist of the completed forms R1, R1 a and R1 h. See Appendix, for the Final Report Forms. (c). The SUBCONTRACTOR'S failure to comply with the requirements of this Article shall constitute a breach of this Interlocal Agreement. Article 6 Monitoring Requirements (a). NCTCOG may periodically monitor SUBCONTRACTOR for: 1. The degree of compliance with the terms of this Interlocal Agreement, including compliance with applicable rules, regulations, and promulgations referenced herein; and 2. The administrative and operational effectiveness of the project. (b). NCTCOG shall conduct periodic analysis of SUBCONTRACTOR'S performance under this Oedocal Agreement for the purpose of assessing the degree to which contractual objectives d performance standards, as identified in this Interlocal Agreement or as subsequently amended, are achieved by SUBCONTRACTOR. (c). NCTCOG Project Representative must visit the SUBCONTRACTOR facility and certify in writing that equipment is on site in order for SUBCONTRACTOR to receive reimbursement for equipment expenditures. Article 7 Compliance with Applicable Laws The SUBCONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance of this contract, including, but not limited to, the laws referred to in this Interlocal Agreement. If the SUBCONTRACTOR or NCTCOG observes that this Interlocal Agreement is at variance therewith in any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Interlocal Agreement modification. Article 8 Prohibited Uses and Activities Unless authorization is specifically provided in accordance with the provisions of this Attachment, the SUBCONTRACTOR shall ensure that funds provided under this contract are not used for the following activities, programs, or projects: a). Duplication of Effort. Activities, projects, programs, studies, etc. That overlap or provide licate funding for projects under other State funding programs are not authorized. If the 5�-� NCTCOG - City of Southlake - Backyard Composting 5 CTCOG believes that other program grant awards are inadequate to meet the needs of the gion, the NCTCOG may request that the FUNDING AGENCY consider authorizing the project n accordance with the provisions of Attachment A of this Interlocal Agreement. (b). Land Acquisition Costs. Funds may not be used to acquire land or an interest in land. (c). Legislative and Lobbying Expenses. Any expenses (including legal expenses, staff time, travel, phone calls, telefaxes, etc.) that are related in any way to drafting legislation, lobbying for legislation, or other political activities are not authorized. (d). Food/Entertainment Expenses. Funds may not be used for food or entertainment expenses, including refreshments at meetings and other functions. This provision does not apply to authorized per diem expenses. (e). Waste Disposal. Funds may not be used for the costs of disposal of waste. This restriction also applies to the disposal of household hazardous waste or the cleanup and disposal of wastes found at an illegal waste disposal site. (f). Municipal Solid Waste Expenses Only. Funds may be used only for programs and activities related to the management of municipal solid waste and, in particular, funds may not be used for programs and activities solely related to the management of hazardous wastes, used oil, oil filters, antifreeze, or other special wastes. This provision, however, does not apply to authorized programs or facilities for the management of House Hazardous Waste. For instance, a used oil collection site in itself may not be funded, but a HHW collection event including Texas Country Clean -Ups) or permanent HHW collection facility involving the Ilection of used oil may be funded. (g). Landfilling Expenses. Funds may not be used for expenses directly relating to landfilling of solid waste, to include the purchase of landfill -related equipment or landfill operational costs. This provision, however, does not apply to the purchase and installation of scales at landfills under the appropriate grant category. (h). Projects Requiring a TNRCC Permit. Funds may not be used for projects or facilities that require a permit from TNRCC under state regulations. This provision, however, does not apply to projects or activities that may be located on a permitted facility which, by themselves, would not require a permit and would otherwise be eligible for funding (e.g., recycling collection at a permitted transfer station). (i). Projects Requiring TNRCC Registration. Projects or facilities that require registration with TNRCC under state regulations, and which are otherwise eligible, may be funded. However, only those expenses related to design and engineering work necessary prior to obtaining a registration may be reimbursable before the registration is finally received. No actual site development, construction, equipment purchased, or similar expenses may be reimbursed prior to and until such time that a required registration is received. Remember that all projects must be completed by the end of the grant term, so the amount of time necessary to obtain a registration must be considered. 0). Projects that Create a Competitive Advantage over Private Industry. In accordance with Section 361.014(b) of the Texas Health and Safety Code, a project or service funded under this •rogram must promote cooperation between public and private entities, and may not be SP�- NCTCOG - City of Southlake - Backyard Composting 6 otherwise readily available or create a competitive advantage over a private industry that otherwise recycling or solid waste services Article 9 Authorized Representatives (a). The NCTCOG hereby designates the person in Exhibit A-1, Project Representative, as the individual authorized to give direction to the SUBCONTRACTOR for the purposes of this Interlocal Agreement. The NCTCOG Project Representative shall not be deemed to have authority to bind the NCTCOG in contract unless the EXECUTIVE DIRECTOR of the NCTCOG has delegated such authority. (b). The SUBCONTRACTOR shall identify, as its Project Representative, the person authorized to receive direction from the NCTCOG, to manage the work being performed, and to act on behalf of the SUBCONTRACTOR. The SUBCONTRACTOR'S Project Representative shall be deemed to have authority to bind the SUBCONTRACTOR in contract unless the SUBCONTRACTOR, in writing, specifically limits or denies such authority to the SUBCONTRACTOR'S Project Representative. (c). Either party may change its Project Representative. In addition, the Project Representative of either party may further delegate his or her authority as necessary, including any delegation of authority to a new Project Representative. The party making the change in Project Representative shall provide written notice of the change to the other party.' �J • 5A-$ NCTCOG - City of Southlake - Backyard Composting 7 Exhibit A-1 OThe NCTCOG hereby designates the individual below as the person to give direction to the SUBCONTRACTOR as Project Representative of NCTCOG: Scott Schoonmaker Environmental Planner P.O. Box 5888 Arlington, TX 76005-5888 TEL (817) 695-9229; FAX (817) 640-7806 The SUBCONTRACTOR hereby designates the Individuals named below as the persons authorized to receive direction from the NCTCOG, to manage the work being performed, and to act on behalf of the SUBCONTRACTOR as a Project Representative: Edward McRoy Planning Intern City of Southlake 1725 E. Southlake Blvd. Southlake, TX 76092 TEL (817) 481-5581 FAX (817) 488-6796 Kim McAdams Director of Parks & Rec. City of Southlake 1725 E. Southlake Blvd. Southlake, TX 76092 TEL(817) 481-5581 FAX (817) 488-6796 •The SUBCONTRACTOR designates the following location for record access and review pursuant to Attachment A & Attachment D of this Interlocal Agreement or any other applicable provision: City of Southlake Administrative Offices 1725 E. Southlake Blvd. Southlake, TX 76092 Article 10 Theme Phrase For Public Education Materials The SUBCONTRACTOR shall use the phrase, "Take It Personallyi"on all written documents, publicity, and advertisement materials produced for public education purposes. This consistent image which will appear on all materials distributed by the SUBCONTRACTOR will promote an understanding of the program, its mission, and its interconnectedness with other issues and programs. For the NCTCOG region, the slogan for all environmental resource conservation outreach activities is: `Take It Personally!" NCTCOG shall furnish the SUBCONTRACTOR with camera-ready artwork of this phrase for printing purposes. Article 11 Supplies Expenses included under the Supplies expense category of the budget contained in Attachment •C of this Interlocal Agreement shall be for non -construction related costs for goods and materials having a unit acquisition cost (including freight) of less than $1,000. Such 5P�-9 NCTCOG - City of Southlake - Backyard Composting 8 expenditures shall generally relate to the routine purchase of office supplies (paper, pencils, Od staplers) or other goods which are consumed by the SUBCONTRACTOR in a relatively ort period of time, in the regular performance of the general activities funded under'this Interiocal Agreement. SUBCONTRACTOR is expected to conform to the appropriate bid process for purchases according to the SUBCONTRACTOR'S own internal policies and procedures. Article 12 Other Expenses Other expenses, not falling under the main expense categories, are allowed as identified in the Budget (Attachment C). The restrictions set forth in the Uniform Grant and Contract Management Standards apply. All expenses budgeted under this "Other" category should be itemized by the project funds recipient when requesting reimbursement. Some expenses that may be appropriate include: A. Postage/delivery G. Training B. Telephone/FAX H. Office Space C. Utilities I. Basic Office Furnishings D. Printing/Reproduction J. Legal costs for est. Interlocal Agreement E. Advertising/Public notices K. Vehicle Maintenance F. Signage L. Any others • • 5A - \o NCTCOG - City of Southlake - Backyard Composting 9 • ATTACHMENT B �J • Work Program and Schedule of Deliverables of SUBCONTRACTOR �D-A- 1\ NCTCOG - City of Southlake - Backyard Composting 10 ' -oncatton worm . �rc, oy PC,-. Noverr,oe- 16 1995 • I PROJECT SUMMARY A. PROJECT DESCRIPTION (0-15 Points) In the space below, provide a description of the proposed project, based on specific questions listed in the scoring cnteria, including how the 2roject promotes ublic and private c ration. Please limit the description to no more than two (2) pages. The City of Southlake (14.430 population and 4,644 households) at this time has no program in -place to divert leaves, brush, or grass trimmings. This situation leaves conventional land tilling as the only method of disposal currently available to Southlake residents. Southlake is a predominantly rural community with most developed lots at 1 acre or more. Many households have significant brush piles which can no longer be disposed of by burning. Yard wastes therefore constitute a serious concern in waste reduction plans. Southlake is the fastest growing community in Tarrant County (13.18 % Compound Annual Growth) meaning that the need to provide a disposal alternative will continue to grow at an alarming rate. Ocity of Southlake believes that the most efficient means of waste reduction is to target household wastes at the source. The proposed backyard composting program aims to reduce yard waste landfilling through an integrated program of education, distribution. promotion, and support services. The goal of this program is to have 20% of all Southlake households utilizing backyard composting. Teamed with a `Don't Bag It" program, and a proposed brush chipping operation, the backyard composting program will significantly contribute towards the City and Regional goal of a 50% reduction in total waste tonnage. The first part of Southlake's waste reduction scheme has been the implementation of a city- wide curbside recycling program. Curbside recycling bins are currently provided to all city residents. The participation rate noted by Laidlaw, the City's waste contractor, has been outstanding with a set out rate consistently over 70%. A random citizen survey conducted in early 1995 revealed that 92.4% of residents participate in recycling. These results have encouraged the city to undergo backyard composting as the next step in a waste reduction plan. The most fundamental element of the City's backyard composting program is to provide (at no cost) a composting bin to each participating household. Preference will be given to purchasing composting bins which are constructed of recycled materials. Monthly composting seminars Will be offered through the Parks and Recreation Department. The seminars will be deslQned est 2-: hours with approximately 50 persons per seminar. Each person who attends the nar �� ill be provided with a composting bin ai the conclusion of the seminar. The seminars �� ill be designed and taught by a master composter. Additional incentives will include promotional materials suc:- as bumper stickers, t-shirts and informational br,:)chures 5 a- \Z hlak� ; vcswn is to utilize a public and private partnership to rultill the goals or' the -ard composting program. The general administration of the program µ ill fall under the c .'Manager's Office Parks and Recreation «ill be responsible for the educational programs These will include the composting seminars and the "Don't Bae It -educational programs. The Public Works Department has submitted a separate grant application for household brush chipping. Public Works has committed to coordinaUngt the chipping operation with the composting program should a grant be received. Keep Southlake Beautiful (KSB), a local non-profit organization recognised by Keep Texas Beautiful and Keep America Beautiful. has agreed to participate in the composting program. The role foreseen for KSB is to identify and secure demonstration lawns for both the composting and "Don't Bag It" programs. KSB will also be intimately involved in promotion of the program and recruitment of volunteers to assist in logistical support. Local nurseries and garden centers will be asked to help disseminate information about the program and will be invited to participate in whatever capacity they see fit. Promotion of the backyard composting program will be accomplished through utility bill messages. PSAs on the City's cable channel. announcements in the citizen's newsletter, news releases to the local media, brochures, flyers, and through our private partners such as Keep Southlake Beautiful. It is believed that the success of the backyard composting program will become an important pro ram within the City and a showcase for other localities to emulate. By utilizing a nated waste disposal approach and targeting the principal waste reduction objective of h old waste, the City of Southlake believes that we will make a bold step towards achieving the regional goal of a 50% waste reduction. This will be achieved through the most cost efficient and environmentally safe method available. The backyard composting program is a win -%Lin strate(gv that the City believes will (generate a groundswell of support allowing the program to become self sustaining. Program of this type significantly contributes to the re(gion's szoal of reducine waste, while simultaneously providing residents with a manageable and practical method of handling yard waste and brush. The success of this effort will�be a boon to the City and the reeion and will be used in the promotion of Southlake through or(ganizations such as the Chamber of Commerce and the City's Economic Development Department. • • Project Application Form Approved by aCC. November 16, 1995 B. WORK PROGRAM (0-30 Points) In the space below, provide a work program for the proposed project, based on specific questions listed in the scoring criteria. Please present your work program in outline form, placing the requested information under each separate task or step identified. Please limit the work program to no more than two (2) pages. 1. OBTAIN COMPOST BINS - Determine evaluation criteria for selection of compost bins. (factors) cosUunit, unit capacity, useful life, simplicity of assembly and operation, recycled materials, dealer support, ease of storage - Gather information on available composting units. - Score composting bins against evaluation criteria. Submit request for bids for top rated composting bins. - Arrange phased delivery - June, September, December, March 97. June 97 Primary Agencies: City Manager's Office -Ed McRov Finance Office - Lou Ann Heath. Director Master Composter - As selected by Parks and Recreation", Time Frame: Begin: Week 1 End: Week 10 Total Time: 2 Days WCURE SERVICES OF MASTER COMPOSTER ry Agencies: Parks and Recreation - Kim McAdams, Director Frame Begin: Week 1 End: Week 1 Total Time: 1 Week 3. SECURE DEMONSTRATION LAWN SITES - Recruit households - Design signage - Purchase and install signs Primary Agencies: Keep Southlake Beautiful -Scott Martin, President Time Frame: Begin: Week 1 End: Week 4 Total Time: 4 Weeks 4. DESIGN COMPOSTING AND "DON'T BAG IT" SEMINARS - Research available information - Design agenda - Write text - Prepare graphics and media Primary Agencies: Parks and Recreation - Kim McAdams, Director Master Composter - as selected Time Frame: Begin: Week 3 End: Week 6 Total Time 4 Weeks 5. SOLICIT LOCAL NURSERIES AND GARDEN SHOPS AS PARTNERS P ry .-agencies: Economic Development - Kate Barlow, Coordinator Chamber of Commerce - Sandra Baber, Executive Director T e Frame: Begin: Week 6 End: Week 8 Total Time: ' Weeks 5a-tk�- *SIGN AND PURCHASE PRO`IOTIOtiAL .MATERIALS Primary Agencies: Parks and Recreation - Kim �&Adams. Director Master Composter - as selected City Manager's Office - Ed McRoy Time Frame: Begin: Week 6 End: Week 8 Total Time: 21f,- Weeks 7. ADVERTISE/PROMOTE SEMINARS Primary Agencies: City Manager - Ed McRoy Parks and Recreation - Kim McAdams. Director Public Works - Bob Whitehead, Director Keep Southlake Beautiful - Scott Martin, President Time Frame: Begin: Week 9 End: Continuing Total Time: *See below * Intense advertising will begin Approx. 3 weeks prior to first Seminars. Periodic notice will be provided through utility bill inserts, newsletters, and misc calendars of events. 8. CONDUCT SEMINARS Primary Agencies: Parks and Recreation - Kim McAdams, Director tilaster Composter - as selected Keep Southlake Beautiful - Scott Martin, President Time Frame: Begin: Week 12 End: Continuing Monthly Total Time: 2-3 hours 90IGN AND SEND POST SEMINAR COMPOSTING SURVEY Primary Agencies: City Manager's Office - Ed McRoy Master Composter - as selected Time Frame: Begin: Week 13 End: Continuing Total Time: 4 Weeks Surveys will allow 4 weeks for response. Surveys will be sent each 6 months Results will be shared with COG and any other interested parties. 10. SECURE CITY COUNCIL APPROVAL Primary Agencies: City Manager's Office - Curtis Hawk, City Manager Time Frame: Begin: Week 1 End: Continuing Total Time: as needed City Council agreement shall begin with initial COG Contract. Periodic reports shall be supplied to the City Council as milestones are achieved. • 5A-IS ATTACHMENT C • SUBCONTRACTOR Budget & Detailed Cost Sheets • NCTCOG - City of Southlake - Backyard Composting 11 Protect Application Form • A.^-OrOved by RCC. November 16. 1995 6. PROJECT BUDGET SUMMARY BUDGET CATEGORY PROJECT FUNDING [2.::Fringe Personnel/salaries benefits $ 3. Travel 4. Supplies $ 28,000.00 5. Equipment 6. Construction 7. Contractual (other than for construction) $ 8. Other $ 1,000.00 Total direct -charges (sum of 1=,8j _'.=:? $ Indirect charges' °ProJectfun ns' dl. 9ri'9uested (sum off=9)'`�',= , $ 30,000.00 If applicable, please provide the following information: + What is your fringe benefit rate: * What is your indirect charge rate: /° ° ♦ Identify the budget categories to which your indirect rate is applied: 'Any indirect charges must be in accordance with an approved plan, or i accordance with the Indirect Cost Computation Table contained sthelccuurrreont UGCMS nwhich is available for inspection at NCTCOG. If you have an approved cost allocation plan, please enclose documentation of your approved indirect rate. Please be sure to complete any of the following detailed budget sheets applicable (please pull out those sheets which are not applicable). which are `J;-\"*-I _ :)i-2::: Azrh<:a:;on Form A. proved of RCC. November 16. 1995 Wn-k AILED BUDGET SHEET 1: Matching FundsAn-Kind Services budget sheet should be completed ff the applicant is providing any level of matching funds or d services directly related to the proposed project. Matching Cash Funds: S In :he space below, please explain in detail the application of any matching cash funds to be provided by the applicant, as directly relatF:d to the proposed project (such as paying for part of a piece of equipment). In -Kind Services: S zr5QQ (monetary equivalent) In the space below, please explain in detail the application of any in -kind services to be •provided by the applicant, as directly related to the proposed project (such as salary of a staff person being paid by the local govemment rather than the project): Salar, - Parks and Recreatmn Director What is the TOTAL COST of the proposed project, considering the total project funding requested, any matching funds being provided by the applicant, and the monetary equivalent of any in -kind services being provided by the applicant: 0 ProJCC: A:;clicanon ror, Approved by RCC. November 15. 199r �ETAJLED BUDGET SHEET 3: Project -Funded Supplies This budget sheet should be completed if any expenses are entered for supplies on Line 4 of your Project Budget Summary. Supplies are consumable items that generally have a useful life of less than one year, and have a unit cost of less than $1,000. (Expenses for food and beverages are not allowable. Further, any items which are not routinely used in conducting normal business over the year should be listed under the 'other' budget category.) In the space below, please list the general types of supplies you intend to purchase with project funding: M '•IlME Vfor the purchase of at least 1.000 composting bins. All funds received under this elurnit shall be applied toward purchasing composting bins. Terms of the bid shall require to be FOB so that shipping v, ill be included AILED BUDGET BUDGET SHEET 7: Project -Funded Other Expenses This budget sheet should be completed if any expenses are entered under 'other' on Line 8 of your Project Budget Summary. 'Other' expenses are those for items or services which do not readily fit into any of the other budget categories in this application. If you will have additional 'other' expenses, not already listed below, please list those expenses at the bottom of this sheet. If any of the expenses listed below are included in the calculation of your rate for indirect charges, do not list them on this sheet Postage/delivery Telephone/FAX Utilities Printing/reproduction Advertising/public notices Signage Training Office space Basic office furnishings (desks, chairs, filing cabinets) Please identify 'Additional other' expenses below. otioial materials S=,000 -t-shirts, brochures, `1yers, Dos_er_ or slmi.lar products TOTAL 'other' expenses, which should equal the amount S_ - 00 entered on Line 8 of your budget summary. • 18 51;- �_o North Central Texas Council of Governments • Solid Waste Interlocal Agreement Attachment D: General Provisions Article 1 Leaal Authori The SUBCONTRACTOR warrants and assures NCTCOG that it possesses adequate legal authority to enter into this Agreement. The SUBCONTRACTOR'S governing body where applicable has authorized the signatory officials) to enter into this Agreement and bind the SUBCONTRACTOR to the terms of this Agreement and any subsequent amendments hereto. The SUBCONTRACTOR agrees to adhere to the provisions of section 330.569 of the TNRCC Municipal Solid Waste Regulations, the Uniform Grant & Contract Management Standards (UGCMS) and the contract between the TNRCC & NCTCOG. Article 2 Scope of Services The services to be performed by the SUBCONTRACTOR are herewith outlined in the General Provisions and Change Orders which are hereby incorporated into and made a part of this Agreement as if set out word-for-word herein. Article 3 Purpose (a). The purpose of this Interlocal Agreement (Agreement) is to accomplish the goals of House Bill 3072, 74th Texas Legislature (19950, as they relate to distributing solid waste fee revenue unds to support local and regional solid waste projects consistent with the regional solid waste anagement plans approved by the TNRCC and to update and maintain those plans. (b). Under the overall goals of the funding program established under House Bill 3072, the more specific purposes of this Agreement are: 1. To enable the NCTCOG to carry out or conduct various municipal solid waste management -related services and support activities within the NCTCOG's regional jurisdiction; and 2. To administer an efficient and effective, region -wide, pass -through (subgrantee) assistance grants program and/or, where authorized by the NCTCOG in accordance with Article 4 of this Attachment, to conduct various NCTCOG - managed projects. Article 4 Types of Solid Waste Implementation Projects & Applicants (a). Only those local and regional political subdivisions located within the State of Texas as listed below are eligible to receive funding from the NCTCOG as a pass -through grant: 1. Cities; 2. Counties; 3. Public schools and school districts (does not include Universities or post secondary educational institutions); and 4. Other general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities. • NCTCOG - City of Southlake - Backyard Composting 12 ,5 a� (b). Local and regional political subdivisions that are subject to the payment of state solid waste •disposal fees and whose fee payments are in arrears, as determined by the FUNDING AGENCY, are not eligible to receive pass -through grant funding from the NCTCOG. The FUNDING AGENCY shall provide, on a quarterly basis, the NCTCOG a list of entities for which fee payments are in arrears. The NCTCOG shall allow a potential pass -through grant applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation of payment of the fees owed the state. If the potential applicant provides the NCTCOG with documentation of payment of the fees, such as a canceled check or receipt from the state, the NCTCOG may consider that applicant to be eligible to receive pass -through grant funding under this agreement. The NCTCOG shall notify the FUNDING AGENCY of any applicants for which a determination of eligibility was made under this subsection. Article 5 Examination of Records (a). SUBCONTRACTOR shall maintain during the course of the work, complete and accurate records of all SUBCONTRACTOR'S costs and documentation of items which are chargeable to NCTCOG under this Agreement. NCTCOG shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by it. Failure to provide access to records may be cause for termination of the contract. The records to be thus maintained and retained by SUBCONTRACTOR shall include (without limitation): 1. personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of SUBCONTRACTOR'S employees working full or part time on the work, as well as canceled payroll checks or signed receipts for payroll payments in cash; • 2. invoices for purchases, receiving and issuing documents, and all other unit inventory records for SUBCONTRACTOR'S stocks or capital items; and 3. paid invoices and canceled checks for materials purchased and for subcontractee's and any other third parties' charges. The SUBCONTRACTOR further agrees to include in all its subcontracts permissible pursuant to Article II hereof, a provision to the effect that the subcontractee agrees that NCTCOG and its duly authorized representatives, shall, until the expiration of three (3) years after final payment under the subcontract or until all audit findings have been resolved, have access to and the right to examine and copy any directly pertinent books, documents, papers, invoices and records to such subcontractor involving transactions relating to the subcontract. Article 6 Insurance and Liability SUBCONTRACTOR shall maintain insurance coverage for work performed or services rendered under this contract. SUBCONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to NCTCOG any amounts determined by NCTCOG, its independent auditors, or any agency of state or federal governments to have been paid in violation of the terms of this Agreement. Article 7 Audits & Accounting Systems (a). Current Independent Audits • NU I GUG - Gity of Southlake - Backyard Composting 13 fin- a� 1. If NCTCOG's maximum obligation amount under this Agreement is $25,000 or more in the SUBCONTRACTOR is required to have an audit performed for each of the SUBCONTRACTOR'S fiscal years during which the Agreement is in effect, and which covers the entire operation of NCTCOG. Any such audit shall be performed by an "independent" auditor as defined in federal Office of Management and Budget (OMB) Circular A-128. 2. Each audit report required in Subsection (a) (1) of this Article shall be forwarded to NCTCOG authorized Project Representative as identified in Attachment A, Article 9, Exhibit A-1. Each audit report shall be delivered to NCTCOG designated Project Representative within thirty (30) days following completion of the audit report, or within one year following the audit period (SUBCONTRACTOR'S fiscal year), whichever comes first. 3. The minimum requirements for an audit will vary, depending upon the SUBCONTRACTOR'S organization type and the amount of NCTCOG'S maximum obligation amount under this Agreement. (i) For cities, counties, councils of government, or other political subdivisions of the State (but not school districts or institutions of higher learning) that enter into this Agreement, for which NCTCOG'S maximum obligation amount is $25,000 or greater, audits shall meet the requirements of federal office of Management and Budget (OMB) Circular A-128 "Audits of State and Local Governments", which is currently effective. (ii) For institutions of higher education, nonprofit institutions, or other entities that are • not local governments that enter into this Agreement, for which NCTCOG'S maximum obligation amount is $25,000 or greater, audits shall meet the requirements of federal Office of Management and Budget (OMB) Circular A-133 "Audits of Institutions of Higher Education and other Non -Profit Institutions", which is currently effective. (iii) An independent audit is not required for this Interlocal Agreement if NCTCOG'S maximum obligation amount is less than $25,000. (b). Accounting Systems The SUBCONTRACTOR shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles. NCTCOG must propose and account for costs in a manner consistent with such standards or principles. Article 8 Amendments to Interlocal Agreement Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal Law or Regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation, provided if the SUBCONTRACTOR may not legally comply with such change, SUBCONTRACTOR may terminate its participation herein as authorized by Article 9. NCTCOG may, from time to time, require changes in the Scope of the Services of the SUBCONTRACTOR to be performed hereunder. Such changes that are mutually agreed upon • NCTCOG - City of Southlake - Backyard Composting 14 '5A-a3 Wy and between NCTCOG and the SUBCONTRACTOR in writing shu!' be incorporated into this greement. Article 9 Termination of Interlocal Agreement (a). This Interlocal Agreement shall terminate upon full performance of all requirements contained herein, unless this Agreement is amended in writing. (b). This agreement may be terminated in whole or in part in writing by either contracting party in the event of substantial failure by the other party to fulfill its obligation under this Interlocal Agreement through no fault of the terminating party, provided that no such termination may be effected unless the other party is given: 1. Not less than ten (10) days written notice (delivered by certified main, return receipt requested) of intent to terminate; and 2. An opportunity for consultation with the terminating party prior to termination. (c). This Interlocal Agreement may be terminated in whole or in part in writing by NCTCOG for its convenience, provided that the SUBCONTRACTOR is given not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate. . Circumstances in which NCTCOG may terminate for convenience include, but are not limited to, the Texas Legislature's withdrawal of appropriations for this project. (d). If termination for default under Section (b) of this Article, or for reduction or loss of legislative appropriations under Section (c) of this Article is effected by NCTCOG, an adjustment in the Interlocal Agreement amount shall be made, but: 1. No amount shall be allowed for anticipated profit on unperformed services, tasks or other work; and 2. Any payment due the SUBCONTRACTOR at the time of termination may be adjusted to the extent of any reasonable additional costs incurred by NCTCOG by reason of THE SUBCONTRACTOR'S fault. However, the adjustment for an termination shall provide for payment to the SUBCONTRACTOR for services rendered and expenses incurred by the SUBCONTRACTOR relating to contracts entered into prior to the termination, in addition to termination settlement costs reasonably incurred by the SUBCONTRACTOR relating to contracts entered into prior to the termination. (e). Upon receipt of a termination notice pursuant to Sections (b) or (c) above the SUBCONTRACTOR shall: 1. Promptly discontinue all services affected (unless the notice directs otherwise); and 2. Deliver or otherwise make available to NCTCOG all data, drawings, specifications, reports, estimates, summaries, and such other information, materials, and equipment as may have been accumulated by the SUBCONTRACTOR in performing this Interlocal Agreement, whether completed or in process. NCTCOG - City of Southlake - Backyard Composting 15 0 ;f, after termination for failure of the SUBCONTRACTOR to fulfill its contractual obligations, s determined that the SUBCONTRACTOR had not so failed, an adjustment of the Interlocal Agreement amount shall be made as provided in Section (d) of this Article. (g). If any delay or failure of performance is attributed to force majeure as defined in Article 17 of Attachment D, the SUBCONTRACTOR may in its sole discretion terminate this Interlocal Agreement in whole or in part. NCTCOG shall give the SUBCONTRACTOR not less than (10) calendar days' written notice (delivered by certified mail, or overnight delivery service, return receipt requested) of intent to terminate and an opportunity for consultation prior to termination. If such termination is effected, an equitable adjustment shall be made in accordance with Section (d) of this Article. Article 10 Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Article 11 Copyright Clause The state or federal awarding agency and NCTCOG reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state or federal government purposes: 0(a) the copyright of all maps, data, reports, research or other work developed under a grant, subgrant; and (b) any rights of copyrights to which a grantee, subgrantee or a subcontractor purchases ownership with grant support. All such data and material shall be furnished to NCTCOG on request. Article 12 Employment Practices The SUBCONTRACTOR agrees that in the performance of this Agreement, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with the city's written guarentee that it has adopted an Affirmative Action Statement and Policy. The SUBCONTRACTOR assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to discrimination under any program or activity funded in whole or part under this Agreement. Article 13 Oral and Written Agreements All oral or written agreements between the parties hereto relating to the subject matter of this Interlocal Agreement which were developed and executed prior to the execution of this Interlocal Agreement have been reduced to writing and are contained herein. • NCTCOG - City of Southlake - Backyard Composting 5A-as 16 Wicle 14 ADA Requirements The SUBCONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. — 12101- 12213 (Pamph 1995). Article 15 Utilization of Historically Underutilized Business Enterprises (a). A Historically Underutilized Business (HUB) is a Corporation, Sole Proprietorship, Partnership, or Joint Venture in which at least 51 percent is owned, operated, controlled and actively managed by a person or persons who are historically underutilized (socially disadvantaged) because of their identification with members of certain groups, including Black Americans, Hispanic Americans, Asian Pacific Americans, Native Americans (American Indians) and Women who suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control. (b). In accordance with NCTCOG policy, the SUBCONTRACTOR agrees that, in the event subcontractees, vendors, or suppliers are utilized under this Intedocal Agreement, it will make a good faith attempt to assist HUBs in receiving a portion of the total contract value of all contracts that the agency expects to award in a fiscal year in accordance with the following percentages. 1. 11.9% for heavy construction other than building contracts; 2. 26.1 % for all other building construction, including general contractors and operative builders contracts; • 3. 57.2% for all special trade construction contracts; 4. 20% for professional services contracts; 5. 33% for all other services contracts; and 6. 12.6% for commodities contracts. (c). The percentage of HUB participation shall be calculated as a percentage of the total dollar amount of all subcontracts including those utilized for supply, and/or equipment acquisition. The dollar base does not include funds awarded by the SUBCONTRACTOR as subgrants to local governments or political subdivisions of the State. (d). The SUBCONTRACTOR may change the good faith effort goals specified above if it demonstrates to the NCTCOG satisfaction that the SUBCONTRACTOR considered HUB availability, HUB utilization, geographical location of the project, the contractual scope of work or other relevant factors. (e). The SUBCONTRACTOR shall be presumed to have made a good faith effort if it demonstrates in writing, that it has taken the following affirmative steps: 1. prepare and distribute information on procurement procedures in a manner that encourages participation in contracts by all businesses; 2. divide proposed requisitions into reasonable lots in keeping with industry standards and competitive bid requirements; • 3. assess bond and insurance requirements and design such requirements to reasonably permit more than one business to perform the work; NCTCOG - City of Southlake - Backyard Composting 17 5�-�lP 4. specify reasonable, realistic delivery schedules consistent with the • SUBCONTRACTOR'S actual requirements; 5. ensure that specifications, terms, and conditions reflect the SUBCONTRACT'S actual requirements, and clearly stated and do not impose unreasonable or unnecessary contract requirements; 6. provide contractors with referenced list of certified HUBs for subcontracting; 7. determine whether specific SUBCONTRACTOR goals are appropriate under Disparity Study, if one exists, because some HUB groups have not been underutilized within applicable contracting categories and should not be included in the HUB goals for that category. Article 16 Force Maieure (a). A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. (b). Subject to the conditions enumerated in this Article if a delay or failure of performance by either party results from the occurrence of a force majeure event, the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event if, and to the extent that: • 1. the delay or failure was beyond the control of the party affected and not due to its fault or negligence; and 2. the delay or failure was not extended because of the affected party's failure to use all diligence to overcome the obstacle or to resume performance immediately after the obstacle was overcome. (c). No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing within ten (10) calendar days of the time of commencement of the event, of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the timetable by which the SUBCONTRACTOR intends to implement these measures. The party seeking relief shall also give written notice of the ending of the event within ten (10) calendar days after the event has ended. (d). If the SUBCONTRACTOR is the party seeking relief under this Article, the burden of proving a force majeure event has occurred remains with it, and no extension shall be granted unless the NCTCOG agrees the occurrence constitutes a force majeure event, which agreement may not be unreasonably withheld. (e). The NCTCOG shall be responsible only for costs incurred by the SUBCONTRACTOR after the prior written request by the Executive Director, or his authorized representative, to incur such costs in connection with any force majeure event. Neither NCTCOG nor the SUBCONTRACTOR shall have, and both hereby waive, any claim whatever for any damages resulting from delays caused by force majeure events. • NCTCOG - City of Southlake - Backyard Composting M. 0. NCTCOG may, in its sole discretion, terminate this Agreement in whole or Jr. part, in accordance with the provisions of Article 9, Attachment D, if force majeure causes a delay or failure of performance by SUBCONTRACTOR. (g). In no event shall this Article lessen or modify NCTCOG's rights as set out elsewhere in this Agreement. Article 17 Entire Interlocal Agreement This Agreement represents the entire Intedocal Agreement between the contracting parties and supersedes any and all prior contracts between the parties, whether written or oral. • • NCTCOG - City of Southlake - Backyard Composting 19 5�-�� • Appendix I. Bi-monthly Report Form II, Final Report Forms Form R1 - General Forms Form R1 a - Waste Reduction and Recycling Form R1 h - Educational and Training Projects III. Financial Report Form • is NCTCOG - City of Southlake - Backyard Composting 20 • • • I. Bi-monthly Report Form NCTCOG - City of Southlake - Backyard Composting 21 5�-30 • Bi-Monthly Progress Report Reporting Period Subcontract No. (96-04-G22) Reporting Agency 1. Task and Deliverable Accomplishments Task 1 - {Write task here} Activities - {List activities and any deliverables} Task 2 - Etc. 2. Identify Needed Support/items for NCTCOG Attention • If you need anything from NCTCOG, identify here. • 3. Attachments List any attached PSA's, photos, voucher forms, etc. NCTCOG - City of Southlake - Backyard Composting 22 � A-3\ • FY 1996/1997 REGIONAL SOLID WASTE GRANT REPORT ON RESULTS OF GRANT -FUNDED PROJECT (FORM R1) 1. Grant Recipient: 2. Contract or Project No.: 3. Report No.: 4. Grant Term: From: To: 5. Report Period: 6. Final FY 1996/1997 Report: From: To: Yes: No: 7. General Questions: Complete the general questions listed on the back of this form, where applicable. 8. ATTACHMENTS: Complete the applicable form(s) for the category of project conducted with grant funds. Please check if attached: FORM R1a - WASTE REDUCTION AND RECYCLING • = Supplemental Waste Diversion Tracking Form FORM R1 b - LOCAL ENFORCEMENT FORM R1c - HOUSEHOLD HAZARDOUS WASTE -Attach a copy(ies) of the completed Data Information Form required to be submitted to TNRCC for each HHW collection activity. FORM R1d - TECHNICAL STUDIES AND LOCAL SOLID WASTE MANAGEMENT PLANS FORM R1 e - OTHER PROJECTS: INSTALLATION OF LANDFILL SCALES FORM R1f - OTHER PROJECTS: CITIZENS COLLECTION STATIONS FORM R1 g - OTHER PROJECTS: RIVER AND LAKE CLEAN-UPS, AND TEXAS COUNTRY CLEAN-UPS FORM R1 h - EDUCATIONAL AND TRAINING PROJECTS (use for both stand-alone educational and training projects, or other projects that include an educational component) 9. CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete. Signature of Authorized Certifying Official Typed or Printed Name and Title • Date Submitted 5 n-3')- • • • II. Final Report Forms Form R1 - General Form Form R 1 a - Waste Reduction and Recycling Form R 1 h - Educational and Training Projects NCTCOG - City of Southlake - Backyard Composting 23 5A- �3 ran pient: epo iod: From FY 96197 REGIONAL SOLID WASTE GRANT PROJECT IMPACTIRESULTS REPORT - FORM R1 a WASTE REDUCTION AND RECYCLING Contract/Project No.: To Amount of Grant Funding: he project funded is a (check one) new program or enhancement of an existing program. MATERIAL DIVERSION. List below the measured or estimated tons of material reduced, recycled or diverted from disposal that may be attributed to grant funding. (Attach a monthly diversion tracking form or other diversion tracking records, If used). Material Type Tons For Report Period Average Monthly Diversion' Tons For FY 96/97 to date PAPER: GLASS: METAL: PLASTIC: BRUSH, TREE TRIMMINGS, & YARD TRIMMINGS: CONSTRUCTION & DEMOLITION (C&D) DEBRIS OTHER MATERIALS NOT LISTED: (Specify) TOTAL TONS OF MATERIALS DIVERTED Werages should be calculated only for the number of months that the project was in effect. NUMBER OF PERSONS SERVED. Estimate the number of people in the grant -funded project service area. REVENUE FROM SALE OF RECYCLABLES. Enter the dollar amount of revenue that was generated during the reporting period through the sale of recovered materials that may be attributed to grant funding. $ DISPOSAL COSTS AVOIDED: Use the formula (Landfill tipping fee of $ per ton X total tons of materials diverted for the report period = EDUCATION AND TRAINING COMPONENTS. If education or training activities were conducted as part of the grant -funded project, attach completed Form R1 h. COMMENTS. Attach additional sheets if necessary for explanation or for listing benefits derived from the grant - funded project. • Sheet _. of FY 96/97 REGIONAL SOLID WASTE GRANT PROJECT IMPACT/RESULTS REPORT - FORM R1 h EDUCATIONAL AND TRAINING PROJECTS se tm for both stand-alone educational and training projects, or as an attachment to report forms for they cts that have an educational or training component. rant Recipient: Contract/Project No.: sport Period: From To mount of Grant Funding for stand-alone Educational and Training Project nount of Grant Funding for Educational or Training Component of Another Project PARTICIPATION (to date): Estimate the number of particpants and the participation rate (percent of eligible number participating) by targeted arouo of customers_ ,ustomers ;itizens Eli ible Number Partccpating Number Participation Rate louseholds lusinesses .mployees 411A ADVERTISING (to date): Indicate below the quantities of any newspaper, Tv, or radio paid ads or Public Service Announcements (PSAs) which were run durina this rPnr,rr nAri-A ledia Paid Ads PSAs ewspaper elevision adio ther (Specify): PUBLIC INFORMATION & EDUCATIONAL MATERIALS (to date): Indicate below other types of public information and educational materials (e.g., utility bill inserts) distributed during the report period and quantities distributed. uv ii 1 u111IGUul 1 of Cuuuauunai Malenais Distribution Method 5(--)---I)S • • • 111. Financial Report Form NCTCOG - City of Southlake - Backyard Composting JA 24 -3(� NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS REQUEST FOR REIMBURSEMENT FORM 269a DEMENT TO WHICH REPORT IS SUBMITTED r F-D A OTIICAl-r nC Gwl�iln�..•.r.�r .. GRANT/CONTRACT TITLE EMPLOYER IDENTIFICATION NUMBER 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE) ADDRESS, INCLUDING ZIP CODE NCTCOG CONTRACT NO. FINAL REPORT YES NO BASIS CASH ACCRUAL TOTAL PROJECT/GRANT PERIOD FROM: TO: 9. PERIOD COVERED BY THIS REPORT FROM: TO: I Budget Categories Approved Budget Project Cost This Report Cumulative Project Cost Remaining Balance Personnel/Salaries nn a Benefits Tr Su Equipment Attach form 269a-1 ' Contractual Attach form 269a-1 ' Construction Attach form 269a-1 ' Other Total Direct Indirect Charges Total native balances in anv of thn h.-4—t to, .; ..1 . ..,, —Y ill Oil atwlllpanying narrative. CERTIFICATION I certify to the best of my knowledge and belief that this report Is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Siqnature of Authorized C Typed or Printed name and Title Official .ephone (Area code. number and ext.) Date Submitted I • I City of Southlake, Texas MEMORANDUM August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Rockenbaugh Elementary School Developer Agreement BACKGROUND Attached is the Developer Agreement between the City of Southlake and Carroll Independent School District (CISD) for the construction of Rockenbaugh Elementary School. The agreement contains standard language; however, several areas relative to fees have been eliminated. In the past projects, we have waived fees with CISD in the same manner as for City projects. We are requesting that CISD provide the City with copies of the bonds that they are requiring from their contractor. The only infrastructure construction on this project is the 8-inch water line surrounding the property for fire and domestic use. There are no off -site facilities affiliated with this project. The fees that we expect to waive for this project (not including building inspection fees) are summarized in the table below: FEE TYPE 2 % Administrative AMOUNT 676.00 3 % Inspection 1,014.00 Water Impact -Domestic 3,520.00 Water Impact -Irrigation 3,520.00 Sewer Impact 3,520.00 Roadway Impact 2,509.00 Park Fee 7,678.50 COMMENTS Staff s recommendation is to place the Rockenbaugh Elementary School Developer Agreement on the Fgus1996, Regular City Council Agenda for consideration. [ttachment: Developer Agreement C:\WPWIN60\WPDOCS\COMMERCI\ROCK-S\DA.MEM 5 B-1 WX COMMERCIAL DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Q1 tp Whereinafter referred to as ", of bgh, a commercial development (hereinafter referred to as "$rjt"), 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 Project and to the off - site improvements necessary to support the P ,' I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the CISD 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. qk§p 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 of the public facilities to be constructed by the _ ,and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Rfails to complete the work within two (2) years of the signing of this agreement between the City and L). All bonds should be approved 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 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 City, hereinafter referred to as Contractor, will be acceptable in lieu of " 's obligations specified above. C. @ISD agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20 % of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. 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. 5B-2 D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake and CISD 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, 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 City, through its City Manager or his duly appointed representative, provides CISD with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. F. On all public facilities included in this agreement for which CISD awards the construction contract, CISD agrees to require the construction contractor to adhere to the following procedures: 1. CISD agrees to pay for all inspection fees when inspection is required on Saturday or Sunday. 2. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. G. @will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in which have not been sold or leased third parties. After fifteen (15) days written notice, should CISD) fail in this responsibility, the City may contract for this service and bill CISD for reasonable costs. Sueh amotint shall beeotne a lien upon all real property of the stibdivisi. m ' parties, days after Developer has notiee of eosts. 120 -1- - - -: •: •f: 1 : : : : 513-3 CISD agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. (-ISD agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: CISD hereby agrees to install water facilities to service thepropsedsehaol facilities as shown on the final plat of the Project. Water facilities will be installed in accordance with plans and specifications to be prepared by CISD engineer and approved by the City. Further, GISD 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 of Southlake requirements, the City will reimburse for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at C I` request and expense, for construction, testingand irrigation purposes only, even though sanitary sewer service may not be available to the . B. DRAINAGE: ,, hereby agrees to construct the necessary drainage facilities within the Pt. These facilities shall be in accordance with the plans and specifications to be prepared by 's engineers, approved by the City Engineer, the City, and made part of the final plat as approved by the City Council. hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that ir�a 66 �-? proposals are being presented for approval by the City. Compliance with the City's Storm Drainage Policy Ordinance does not relieve qM of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. C. STREETS: (Not applicable) • VISA ereby agrees to install sanitary sewerage collection facilities to service property as shown on the final plat of the RIffSanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by qw's engineer and approved by the City. Further, CISD agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. L"EMEM MZ•KINKIMORU�3�]� During construction by CISD and after the streets have been installed, CISD agrees to keep the streets free from soil build-up. CISD agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be CISD's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Project. 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 CISD, CISD will have seventy-two (72) hours to clear the soil from the affected areas. If CISD 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 Pt'dJ64 at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Project. . M. ::; : • ::- OPMP • • • • - • • . II • - — - — : -A 1 • • - • • • : • • • • . WWWAM fig • • • • • • • USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and D. that ty ISD may provide unique `h'a�i"` P. amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Project. CISD agrees to maintain these amenities. -until CISD and his successors and assigns understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and shall, at Oft, , own cost and expense, defend and protect City against all such claims and demands. F START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Copied °of; the approved payment and performance bonds submitted to the City in the name of, D prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. Contractor shall furnish to the City a policy of general liability insurance. 5. A pre -construction meeting between City and contractor and GISI� representative must be conducted. A. GI SD covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with this agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the t3 covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the ., its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by ursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of , 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 e specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, CISD shall for a period of two (2) years after the acceptance by the City of Southlake 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 CISD shall defend at his own expense any suits or other proceedings bought 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 thereof or any interest herein, shall not be assigned by CISD without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. go •: .-: -; '; .- ; - is : i • aga- Sa : IV. OTHER ISSUES: A. OFF -SITE AND/OR SEWER PRO RATA: (Not Applicable) 5B-7 B. OFF -SITE DRAINAGE: (Not Applicable) C. OFF -SITE WATER: (Not Applicable) D. PARK FEES: Because many of the proposed facilities for outdoor activities are to ;be shared jointly between CISD and the City, no Park Fees will be required for this Project. SIGNED AND EFFECTIVE on the date last set forth below. CARROLL INDEPENDENT SCHOOL DISTRICT: Title: Date: CITY OF SOUTHLAKE, TEXAS 6.0 Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: C:\WPWIN60\WPDOCS\COMMERCI\ROCK-S\FORMAT3.COM i m City of Southlake, Texas MEMORANDUM August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing the Mayor to Accept the FY 1997 Contract for Services and Fee Schedule with Trinity River Authority (TRA) for Central Regional Wastewater System BACKGROUND The attached Contract for Technical Services with Trinity River Authority of Texas (TRA) is an annual contract for TRA to provide inspection, sampling and analytical services for any industrial discharges into the City's sanitary sewer system. In the past years we have not needed the service as we had not industrial discharges into the sanitary sewer system. However, with the extension of sewer to North Davis Business park and the S-7 Sewer into the industrial area east of Brumlow Ave., we currently have two requests from industrial dischargers. They are Shamrock Oil Company and Darr Equipment Company. The contract is for the City's fiscal year of October 1, 1996 to September 30, 1997 and include a not to exceed amount of $3,500.00 COMMENTS Staff's recommendation is to place authorizing the mayor to accept the FY 1997 Contract for Technical Services and Fee Schedule with Trinity River Authority (TRA) for the Central Regional Wastewater System on the August 20, 1996, Regular City Council Agenda for consideration. BWns attachment: Contract for Technical Services Technical Services Fee Schedule C:\WPWIN60\WPDOCS\WATER\TRA\97CONTRA.MEM 5C-1 CONTRACT FOR TECHNICAL SERVICES CONTRACTING PARTIES The Receiving Agqency: Cittyy of Southlake whose authorized address is 667 N. Carroll Ave. u a e. exas The Performing Agency: Trinity River Authority of Texas. whose authorized address is 5300 South Collins, P. 0. Box 240. Arlington. Texas 76004-0240. Attention: Danny F. Vance. General Manager (or his designated representative). II. STATEMENT OF SERVICES TO BE PERFORMED In order to discharge the responsibilities associated with the enforcement of Federal. State, and City regulations, the Receiving Agency requires services of a laboratory qualified to perform water and wastewater analysis, and of personnel to conduct industrial inspection and/or sampling services, such services detailed in Section A. Subsection(s) 1, 2 and 3 , below. A. PERFORMANCE OF SERVICES Industrial Ins ection Services In keeping wit the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform industrial inspection services within the parameters listed on the attached schedule sheet. The Performing Agency (Trinity River Authority of Texas) shall perform all Industrial Pretreatment Inspections, review permit applications and prepare for submittal Permits to Discharge Industrial Wastes to the Sanitary Sewer in accordance with procedures established by the Trinity River Authority of Texas in accordance with 40 CFR Part 403.8. Industrial Pretreatment Inspections, Application reviews and Permit preparations and submittals shall be in compliance with the Receiving Agency's Industrial Waste Ordinances, Sewer Ordinances Numbers and EPA General Pretreatment Regulations for Existing and New Sources. Records of Inspections, Applications and Permits shall be maintained as required by EPA General Pretreatment Regulations, 40 CFR Part 403.12. Industrial Sam lin Services In keeping wit the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform industrial sampling services within the parameters listed on the attached schedule sheet and in accordance with the Receiving Agency's Industrial Waste Ordinances and Sewer Ordinances Numbers No. 567 The Performing Agency (Trinity River Authority of Texas) shall perform all sample collections, sample preservation. and maintenance of chain -of -custody records in accordance to the approved procedures set forth in Test Methods for Eval a ing Solid Waste. EPA Manual SW-846, Methods for Chemical AnaiYsis of water and Wastes, EPA Manual EPA-600/ 4 ter an , and the Handbook for Sampling and Sample Preservation of Water and Was tewat r, EPA Manual EPA-600/4-82-029. The samples shall be properly collected. preserved and delivered by the Performing Agency to the Performing Agency's laboratory located at 6500 West Singleton Blvd., Grand Prairie, Texas. When feasible flow or time composited sampling will be conducted. When composited sampling is not feasible, grab sampling will be appropriate. Analytical Services In keeping with the foregoing. the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform analytical services within the parameters listed on the attached schedule sheet. 5 C-2 The Receiving Agency estimates an average of 2 samples per month will be collected and delivered to the laboratory for analysis. It is understood that these samples will be properly collected and preserved in accordance with applicable sections of A Practical Guide to Water Quality Studies of Streams, Federal Water Pollution Control Administration publication and Methods for Chemical Analysis for Water and Wastes. EPA manual, as well as the latest edition of Standard Methods for the Examination of Water and Wastewater. A chain -of - custody procedure shall be maintained in the field and the laboratory in accordance with procedures to be established by the Receiving Agency. The Receiving Agency will furnish chain -of -custody tags. The Performing Agency (Trinity River Authority of Texas) will perform all analyses according to the approved procedures set forth in Standard Methods for the Examination of Water and Wastewater, current edition or the latest edition of Methods for Chemical Analysis of Water and Wastes, EPA manual. Samples will be analyzed by these methods on the production basis, to include appropriate analytical quality assurance procedures. Records will be kept for documentation of the Performing Agency's quality assurance program and copies will be available to the Receiving Agency upon request. Unusual interferences and problems will be reported to the Receiving Agency at its authorized address noted above. Research into specific techniques to overcome these difficulties will be undertaken when practical, and by mutual agreement. The sample information sheet submitted with each sample will designate the particular analysis or analyses to be made of each sample submitted. The laboratories will be operated in such a manner as to insure the legal sufficiency of the sample handling: analytical and reporting procedures: and to remedy effects in the procedures should such be discovered. The various laboratory personnel shall be directed upon receipt of written notice from the Receiving Agency 72 hours in advance, to appear and testify in enforcement actions. In such event, travel and per diem expenses for such employees shall be paid by the Receiving Agency. Travel and per diem for court appearances hereunder shall be based on current State laws. Receiving Agency may deliver to Performing Agency samples for analysis separate and apart from those samples collected by the Performing Agency. When the Receiving Agency delivers samples to the Performing Agency for analysis, the Receiving Agency shall indicate the nature and extent of the analyses it desires to be conducted. Performing Agency shall not be responsible for the manner of collection or chain -of -custody tags or sheets which are matters entirely outside Performing Agency's control. Performing Agency shall receive, log and perform such analyses of samples in accordance with that part of the chain -of -custody procedures identified as Transfer of Custody and Shipment attached hereto. Samples analyzed to maintain the normal quality assurance program which the Performing Agency presently maintains in its laboratory will be charged to the Receiving Agency at the same rate as submitted samples. B. TERMINATION Either party to this Contract may terminate the Contract by giving the other party thirty (30) days notice in writing at their authorized address as noted previously. Upon delivery of such notice by either party to the other and before expiration of the thirty (30) day period. the Performing Agency will proceed promptly to cancel all existing orders. contracts, and obligations which are chargeable to this Contract. As soon as practicable after notice of termination is given, the Performing Agency will submit a voucher for work performed under this Contract through its termination. The Receiving Agency will pay the Performing Agency for the work performed less all prior payments. Copies of all completed or partially completed reports. documents, and studies prepared under this Contract will be delivered by the Performing Agency to the Receiving Agency when and if this Contract is terminated prior to the completion of the prescribed work. 5 C-3 C. AMENDING THE CONTRACT The parties hereto without invalidating this Contract may alter or amend this Contract upon advance written agreement of both parties to exclude work being performed or to include additional work to be performed and to adjust the consideration to be paid hereunder by virtue of alterations or amendments. III. BASIS FOR CALCULATING REIMBURSABLE COSTS The financial basis for calculating reimbursable costs shall be as stated in Attachment A. The expenditures by the Trinity River Authority of Texas of funds paid to it under this Contract shall be subject to such State or Federal audit procedures as may be required by law and by accepted practices of the State or Federal auditor, or both, if requested. The Trinity River Authority of Texas shall be responsible for maintaining books of account that clearly, accurately and currently reflect financial transactions. The financial records must include all documents supporting entries on the account records which substantiate costs. The Trinity River Authority of Texas must keep the records readily available for examination for a period of three (3) years after the close of the last expenditure. Reimbursement for the inspection, sampling, and/or analytical costs, and cost for any travel and per diem expenses shall not exceed thr thousand and five hundred dollars ($ 3,500.00 ) for the period of this Contract. IV. CONTRACT AMOUNT The total amount of this Contract -shall not exceed three thousand and five hundred dollars (S 3.5oo.00 ) nor be less than five hundreddollars V. PAYMENT FOR SERVICES The Performing Agency shall -bill the Receiving Agency monthly for services performed. Charges for these services shall be based on the attached cost schedules. The Receiving Agency shall pay the monthly billings of the Performing Agency within thirty (30) days of their receipt. VI. TERM OF CONTRACT This Contract is to begin � temher 30 19 97 , _October i 1996 and shall terminate VII. INTERLOCAL AGREEMENT Inasmuch as the Receiving Agency and the Performing Agency are political subdivisions of this state, and inasmuch as the testing of water and wastewater are critical to the maintenance of public health and such testing is therefore, a governmental function and service, this contract shall be deemed authorized by the Interlocal Cooperation Act, art. 4413(32c), Tex. Rev. Civ. Stat. 5C-4 Receiving Agency: Performing Agency: CITY OF TRINITY RIVER AUTHORITY OF TEXAS BY TITLE: DATE: ATTEST: (SEAL) 5C-5 BY: GENERAL MANAGER DATE: ATTEST: (SEAL) CHAIN -OF -CUSTODY PROCEDURES Samole Collection 1. To the maximum extent achievable, as few people as possible should handle a sample. 2. Stream and effluent samples should be obtained using standard field sampling techniques and preservation procedures. 3. Chain -of -Custody tags or sheets should be attached to each sample at the time it is collected. The tag or sheet contains basically laboratory (requested parameters) information: however, certain identifying items including City, City Code, Type Sample. Material Sampled, and Method of Preservation must be completed by the field personnel collecting the sample. In completing the Chain -of -Custody tag or sheet, care should be utilized to insure that all necessary information is correctly and legibly entered onto the form. A black ballpoint with water proof ink should be used at all times. Transfer of Custody and Shipment 1. All samples should be handled by the minimum possible number of persons. 2. All incoming samples shall be received by the custodian, or his alternate. and logged into a record book (log book). Information to be entered into the Log Book shall include the sample number, date received, source, time(s) sampled, date(s) sampled. and analyses requested. 3. Promptly after logging, the custodian will distribute the sample to an analyst or place the sample in the sample room, which will be locked at all times except when samples are removed or replaced by analysts. 4. The custodian shall ensure that heat -sensitive samples. or other sample materials having unusual physical characteristics, or requiring special handling, are properly stored.and maintained. 5. Samples shall be kept in, the sample storage security area at all times when not actually being used by analysts, such as during overnight absences. 6. The analysis sheet will be signed and dated by the person performing the tests and retained as.a permanent record in the laboratory. 7. Test results shall be sent by the laboratory to the appropriate Receiving Agency control point. 5C-6 ATTACHMENT A Trinity River Authority of Texas Central Regional Wastewater System P.O. Box 531196 Grand Prairie. Texas 75053 Metro (214) 263-2251 Fax: (214) 264-1382 Fax: (214) 262-0619 TECHNICAL SERVICES FEE SCHEDULE FOR LABORATORY ANALYSES INDUSTRIAL INSPECTIONS AND INDUSTRIAL SAMPLING FISCAL YEAR 1997 December 1. 1996 through November 30. 1997 5C-7 /kcKloC PaJwr ANALYSES Alkalinity, Total Alkalinity, Phenolphthalein Bicarbonate Carbonate Biochemical Oxygen Demand (B005) Biochemical Oxygen Demand (C-B005) Biochemical Oxygen Demand (C-80020) Biochemical Oxygen Demand (80020) Biochemical Oxygen Demand (BOD-7) Chemical Oxygen Demand Chloride Chromium Hexavalent Conductance, Specific Conductance, Diluted Cyanide Cyanide (Amendable to Chlorination) fluoride, Dissolved Fluoride, Total Glycols Hardness IgnitabRity (Pensky-Martens) Nitrogen: Ammon i a Kjeldahl, Total Nitrate Nitrite Organic Oil and Grease ICOKETAL ANALYSES TOTAL SIO-00 EACH $ 6.50 PH $ 3.85 S 6.50 PH Sediment S 6.50 $ 9.20 Phenols: $ 9.20 High Level $ 35.00 S 17.10 Low Level $ 40.00 S 18.00 Phosphorus: $ 17.60 Ortho S 7.20 S 17.10 Total S 11.70 $ 17.10 Solids: $ 9.00 Total (TS) $ 6.00 $ 6.40 Total DissoLved(TDS) $ 10.00 $ 12.45 Total Suspended(TSS) $ 8.75 $ 5.10 Volatile Suspended (VSS) After TSS S 5.00 $ 8.70 Sulfate $ 15.55 $ 31.50 Sulfide $ 7.25 $ 38.15 Surfactants - MBAS $ 32.50 $ 10.40 Total Petroleum Hydrocarbons $ 52.50 $ 10.00 Total Organic Carbon S 11.75 $ 8.00 Turbidity $ 4.70 $ 9.70 $ 38.85 SEDIMENT S 7.35 S 15.00 Chemical Oxygen Demand S 24.40 S 7.20 Cyanide $ 34.30 $ 7.20 Nitrogen, Kjeldahl, Total $ 18.00 $ 26.95 Oil and Grease $ 25.85 $ 30.45 Phosphorus, Total $ 13.65 Solids, Total Volatile $ 10.00 Total Petroleum Hydrocarbons S 43.90 PRIORITY POLLUTANT METALS $144-90 TOTAL Antimony Iron Thallium Barium Lead Tin Antimony Mercury Beryllium Manganese Uranium Arsenic Nickel Cadmium Molybdenum Vanadium Beryllium Selenium Chromium Nickel Zinc Cadmium Silver cobalt Silver Chromium Thallium Copper Tellurium Copper Zinc Lead S8.00 EACH (DISSOLVED) SAMPLE PREPARATION Aluminum Potassium Boron Silica Sediment and Oils $ 15.00 Calcium Sodium EP Toxicity Leachate S 70.35 Magnesium TCLP Toxicity Leachate $ 85.00 TUC Leachate S 38.00 $15.50 EACH Arsenic Selenium Lead - Low Level Copper - Low Level Cadmium - Low Level Chromium Hexavalent - Low Level Thallium - Low Level S13.90 EACH M• 5C-8 GAS CHROMATOGRAPHY ANALYSES PR POLLUTANTS (GC/MS) PESTICIDES/PCB'S Vo s $ 125.00 Chlorinated Hydrocarbons, $ 107.25 Base Neutrals S 248.50 Organophosphate Pesticides, and Acid Extractables $ 248.50 Polychlorinated Biphenyls (Sample preparation, extraction, and clean-up per sample) ORGANIC DETERMINATION (GC) ADD for Chlorinated Hydrocarbon $ 55.65 Hydrocarbon(Solvents Pesticides 608 (Confirmation and quantification per sample) General Hydrocarbon/Solvent $ 105.00 ADD for Organophosphate Pesticide S 59.50 Scan (VOA) (One colurn); (Confirmation and quantification `'Five or less components; per sample) including quantification ADD for Polychlorinated Biphenyls $ 62.85 Volatile Organic Constituents $ 65.00 (PCB) - Water (Confirmation and (EPA regulated - method 601/602) quantification per sample) *ADD fifteen dollars (S15) ADO for PC8 - Oil (Confirmation and for each extra component quantification per sample) $ 40.25 scanned and quantified. TRIHALOMETHANES Trihalomethanes $ 41.50 HERBICIDES SAMPLE PREPARATION Chlorinated Phenoxy Acid S 115.00 ADD for Special Treatment/Per S 20.30 Herbicides (Confirmed ac)d Sample (Sediment, Oil) quantified) ADD for Special Treatment/Per Sample S 70.35 (EP Toxicity Leachate) ADO for Special Treatment/Per Sample $ 85.00 (TCLP Toxicity Leachate) SF----' ANALYSES TI TOXICITY PRIORITY POLLUTANTS Leacnate Extraction Procedure S 85.00 Cyanides S 31.50 Metals: Arsenic, Barium, Cadmium Metals S 144.90 Chromium, Lead, Mercury, Selenium Silver $ 104.90 Organics: Endrin; Lindane; Methoxychlor; Toxaphene; 2, 4, D; 2, 4, 5-TP Silvex $ 277.90 MICROBIOLOGICAL ANALYSES Chlorophyll "a" $ 8.55 Chlorophyll "a" and Pheop6ytin "a" $ 8.55 Coliform, Fecal (MF) $ 9.45 Coliform, Fecals (MPN) $ 52.50 Coliform, Total (MF) $ 9.35 Coliforms, Total (MPN) $ 32.30 Coliforms, Total (HMO/MUG) $ 8.80 Microscopic General Examination $ 9.80 Mierotox, Bacterial Bioassay $ 45.65 Streptococcus, Fecal (MF) $ 9.80 Heterotrophic Plate Count $ 9.70 5 C-9 INDUSTRIAL PRETREATMENT SERVICES INDUSTRIAL SAMPLING INDUSTRIAL INSPECTION Cc e Sample $ 75.00 Ac at Composite Sample $ 25.00 Grao sample S 35.00 Additional Grab Sample S 10.00 - Installation of Automatic Composite Samplers - Grab Sampling - Delivery to IRA Laboratory - Field Testing Available - Sample Preservation - Proper Chain of Custody GENERAL SERVICE INFORMATION Inspection/On Site S 70.00 - Permit Application Review - Verification of Application Data - Consultation with Industries on Industrial Pretreatment - Chemical Inventory Review 1. Effective Date: December 1, 1996, all prices listed are per sample and subject to review. 2. All analyses are run in accordance with "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992 and/or EPA "Manual of Methods for Chemical Analysis of Water and Wastes," 1983 and the 3rd Edition of Solid Waste Manual SW 846. 3. The prices effective December 1, 1996 include a 10 X charge added to the analyses cost to maintain the normal quality assurance program. 4. Customer required priority laboratory samples completed and reported within 50% of the normal time will be billed at one and one-half times the routine rate. Emergency samples run immediately or ASAP will be billed at two times the routine rate. 5. Sample preparations, if required, are charged additionally as listed. 6. Sample containers, preservatives, and supplies will be provided upon request at a reasonable charge. Bacte- riological sampling supplies are included in the cost of the analyses. 7 )les"' should be delivered to the laboratory before 4:30 p.m. on weekdays. Samples cannot be accepted on ;ends or holidays unless special arrangements are made in advance. `'(Bacteriological samples should be'detivered prior to 2:00 p.m. unless special arrangements are made in advance. After -hour samples may be left in cold storage vault with analyses request form.) 8. Billing statements for completed monthly analyses are mailed by the 15th of the following month. 9. Laboratory hours are weekdays 7:00 a.m. to 10:00 p.m. and weekends 8:00 a.m, to 4:00 p.m. 10. Environmental Field, Engineering Field and Pretreatment Services office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. For after -hour emergencies, leave message with computer operator. 11. Environmental Field and Engineering Field Services are requested to be scheduled a minimum of 72 hours in advance. FOR MORE INFORMATION, CONTACT: METRO: (214) 263-2251 FAX: (214) 262-0619 William e. Cyrus Manager, Technical Services Cathy Henderson Cynthia Belvin Jim Garrison Kimberly Brown, Duality Laboratory Division Chief Pretreatment Coordinator Technical Services Engineer Assurance Coordinator 5C-10 City of Southlake, Texas MEMORANDUM August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Community Development Block Grant Cost/Final Quantity Determination BACKGROUND For the past two years the City of Southlake has participated in the Community Development Block Grant (CDBG) Program administered by Tarrant County and funded by the U.S. Department of Housing and Urban Development. The projects which have been identified under the CDBG Program include: 1) construction of a 12-inch water main along Randol Mill Ave. from Kingswood Dr. to Morgan Rd.; 2) installation of water line on Oak Lane North and Oak Lane South; 3) installation of sanitary sewer on Oak Lane North and Oak Lane South; 4) installation of water on Sutton Place; 5) installation of sanitary sewer on Sutton Place; and 6) roadway and drainage improvements on Oak Lane North, Oak Lane South and Sutton Place. The only project completed to date has been the 12-inch water main along Randol Mill Ave. between Kingswood Dr. and Morgan Rd. This was a two year, two phase project. Phase 1 included the area between Kingswood Dr. and Brown Lane. This phase was completed in 1995. Phase 2, between Brown Lane and Morgan Rd., was recently completed and is the subject of this memo. Each year certain funds are allocated to the participating communities for various projects based on engineering estimates of construction costs. In the first year (Phase 1) of this project, $120,000.00 was allocated to the City for construction. Bids in the amount of $95,466.00 were received. The surplus funds were scheduled to be carried over to Phase 2. The second year allocation was $115,000.00. Bids were received in the amount of $118,665.40. At this time, the City committed to fund any change orders or overages in excess of available funds. At the end of a construction project it is common to calculate a final cost based upon actual quantities installed or constructed. On Phase 2 of this project there were additional amounts of asphalt pavement to be repaired. The original plans called for the installation of the water line off of the edge of pavement. Our consultant was aware of the existence of a Keller water line in this area, but due to the lack of plans for this line, the extent of conflict was not known. Upon excavation in certain areas, it was apparent that we needed to move our water line to an area under the existing pavement. This additional work, combined with deductions for work not performed or required, resulted in additional cost of $19,727.00. These funds were available from the Water Utilities Fund. A summary of the additional costs, along with appropriate deductions is attached. 5D-1 0- MEMORANDUM CURTIS E. HAWK CDBG/FINAL QTY DETERMINATION AUGUST 16, 1996 PAGE 2 SUMMARY Staff recommends that the City Council authorize the payment of the required funds from the Water Utilities Fund. During construction it was decided to relocate the water line to avoid tree and utility conflicts and to add in all the remaining Keller water services along the water line. These changes totaled $18,5765.00 and eff ;Iy el' ' ated the anticipated roll over. RH/ls attachments: Exhibits (A, B and location) C: \WPWIN60\WPDOCS\CDBG\RANDOL. WAT 5D-2 rJ 13 16_ Exhibit "A" Tarrant County CDBG. Project 0 B95-UC48-"1-60-15 for CITY OF SOUTIILAKE Proposcd Water System Imprmcmcnts Attachment To Change Order No. I Rcsolutkm of Final Quantities Items of Work Added to the Coritracr Itcm DCSCTiptiiM Unit price Added Quantity S" Dia. C-900 (Spec DR-18) PVC Water Pipe Construct Replacement Asphaltic Pavemcnt Fumish and Install Compacted Crushed Stone "Backfill" 517.50IL.F. 12 L.F. $17.0011—F- 1247 L.F- $14.001C.Y. 395 C.Y_ Total Amount of Added Items 5D-3 Added Cast $ 210.00 $ 21,199.00 $ 5,530.00 $ 26,939.00 r' Pay l em 3. 14 17 Exhibit "B" Tarrant County CDBG. Project t B95-UC-48-0001-60-15 for CITY OF SOUTHLAKE Proposed Water System Improvementx Attactunent To Change Orr No. t Resolution of Final Quantities Items of Work Dedmoed f= the Contract Item Descript, Unit Puce ittity Deduction Cost Redueti,on 6" Dia. C-900 (Spec DR-18) PVC Water Pipe Construct Concrete Driveway Replacement Cut, plug, and abandon 0" Water Lines FA W@ROUO(M ILAK%42MIIA)qGE.ORD.wpd S15.90/L.F. 16 L.F. S 254.40 $39.00/L.f. 130 L_F. S 5,070.00 S".001EA_ 2 EA. 5 1,200.00 Total Amount of Deductions S 6,524.40 5D-4 T- City of Southlake, Texas CASE NO: ZA 96-71 STAFF CONTACT: STAFF REPORT August 16, 1996 PROJECT: Specific Use Permit - Outside Storage: Great Outdoors Landscaping Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 Attached is a letter from Scott Malone, Applicant for the above -referenced case, requesting that the item be tabled until the City Council Meeting on September 17, 1996. Only the letter requesting the tabling is included at this time. The entire packet will be forwarded when the case is given full consideration. L:\WP-FILES\MEMO\96CASES\96-07IT13.2 7A- 4 4.14-96 11:58 AM FROM MAIL, COPY, PRINT IT TO 8174889370 P 0 1 • J n7-5 /-", 5(--Iw c ` i r- A , .v �k W � 5 o3fY • • ';�- / "//g ( REC'D AUG 141996 -7A- -;', City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-65 PROJECT: Rezoning/Thomas Mahan Survey STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 REQUESTED ACTION: Rezoning of approximately 2.819 acres, situated in the Thomas Mahan Survey, Abstract No. 1049, and being Tracts 2E 1 and 2G. The purpose of the request is to build one single family residence on site. LOCATION: South side of East Highland Street approximately 220' west of North Kimball Avenue. OWNER/APPLICANT: Eric and Mary Huning CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District USE CATEGORY: Mixed Use (may include residential as well as office buildings, hotels, and commercial and retail centers that serve local and regional needs) NO. NOTICES SENT: Fourteen (14) RESPONSES: Four (4) written responses were received within the 200' notification area: • Hazel J. Miller, 5213 McQuade St., Fort Worth, Texas 76117, in favor. • Michael A. Quinn, PO Box 92575, Southlake, Texas 76092, in favor. • Frank L. Record and Nina L. Smith, PO Box 172, Grapevine, TX 76099-0172, opposed. • Mary L. Jackson Berends, 2008 E Highland St, Southlake, Texas 7609Z in favor. P & Z ACTION: July 18, 1996; Approved (7-0) COUNCIL ACTION: August 6, 1996; Approved (6-0), First Reading, Ordinance No. 480-201 L:\WP-FILES\MEMO\96CASES\96-065Z.WPD 7B-1 +� �• A A 4 1A1 IA2 IBIA6 181A IC .4-. IC S k 2 ; 2 3 4 A 4A / iDl 1p ✓. 2.1 k N. /. 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(F.N 1709) 2A2 A 1 t - 1 1 7A i ZC 2 2B i lE2-_..l-'-•-'--'"_'-'-._._. _ 15: 7g-2 A ,/ 1 BV'i F'._. i8: X` z 28 2C nt ~IA 1 it i 3 3E �QR _,o - ..". - 15 k 2f RREyy fAi 7 1 I/ d -0 ` - II = 2" ._-- - ---I 12 IP :r f. 7 Ac TR — ---.-__. TR-2E s' 7R 2E2 .45 -359 Q TR 2A2 R TR 2A2R —t — --t- — — -- ----1 .144 IA I(3. I( 45 0-. 36 i r 1 JIJ i M. Prinz IR 7A3A "SF-1 A" L. Pierce 13 0 IR TR --- I 4) 2A5 `A VJ 14 Tr".+ U 1 b1 47 TR 2AI 2 r� A� AC W 1 AC 750 L 02D 1 AC so " 1R 2F 1 2 R /� (v TR 2 1 R 1.378 1 tf f� Gtt 1.8 AC 1 378 M. Quinn "AG" C. Roger ��- -- - !9?— - - -- I10 N Q rn IR 2A3 4 Ac /1 V1 �+ " —1ff jJ� Gz. ` W. Massey F. Record ttAGIA IN - -- ----------------- --- --- 1.657 AC H. Miller / 1 TP. 2A ----- ----- t3 -- -- ----- -- ' � tt tt C`-2 Timarron Land Corp. / - - -__ - ----- - Spin Representative #5 - TR 2 Jan Francis ADJACENT OWNERS - -- ------ --- - AND ZONING --- - -- - -- -- ----------- PAN} t 2 3 I' t 22 iI 14 15 16 13 I, 12 1 t 15 16 17 35 34 - • -------- 33 - -- ' SHAD_ 7B-3 • HIGHLAND ROAD (COUNTY ROAD - 30341 uz• saF SURVEY PUT S 89' 00' E\ P.O.B. ADDRESS: Highland Road (County Road 3034). ss SOUTHLAKE, Texas. 219.9' LEGAL Being a tract of land in the THOMAS MAHAN SURVEY, Abstract 1049, northwest of Grapevine, Tarrant County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at the Northwest comer of a tract of `O land deeded to D.M.Rodgers as recorded in Volume I t\ 1917, Page 143, Tarrant County, Deed Records, same �Q I being 7 varas south and 9 varss west of the northeast 1\ ! comer of the Thomas Mahan Survey and the southeast comer of the Francis Ttuoop Survey, ees THENCE North 89 degrWest, 428.8 feet to an iron, the northeast and beginning coma of tract being Q � described; - THENCE South 02 degrees 04 minutes West, 558.6 fat to an iron; THENCE North 89 degrees West, 219.9 feet to an iron; s C THENCE North 02 degrees 04 minutes East. 558.6 fe et CD ON I to an iron in the South lire of County Road N303.4; THENCE along the South line of said South 89 degrees o East, 219.9 feet to the Place of Beginning, and I O L1J CuI r- U 1— u, o `O h o t� 2 eontauu % 2.819 acres of land, more or less. 2.819 ACRES NOTES: (1) According to Flood Iasi mxc Rate Map OUT OF dated August 2, 1995, SOUTHLAKE Texas, THOMAS MAHAN SURVEY Flood azardAo. e& (pr( yis ZX) ina Flood Hazard Area ABSTRACT NO. 1049 age226$ Deed ��`T' � v�'Teetaslo5, DOES NOT affect this property. i n I fU 219.9' N 891 00' W IN w 3 U Q 1— h o U OJ I O W1ES, r BEAFMOS MSW ON 0® CALLS PROPERTY Caa+aas IELD AS CONMR a-e-we _ 7. Z`. aUR✓EYORA CE—fCAmOM .IM «!•r.IP•A O«. h... er c.rtllr IMr W, .rr.r rN IN. ear .•a. e DATE: 05-08-1996 M• R.y..rrr.NRr « ro.• M..« .w i„ ....«l. rMr a r.er•o•Rtl•.,e«nl<r.,�. UW..•1•. • •R.tro •ram SURVEY NO.: 9602896 en...r.,.YlRI.......nt. N Msai. a ..r. •.ew1 ...M.. Mr•eq•M wt «Y Nynrr M. •cc•u Is .M M1•w . e.aY.r.e re•er•r. SCALE: I inch - 50 feet s.0 —11 •.M —1«I r. •.I .rN M .... .. ........ •N, .b1e1M« wr N.r 1• d r 4 A.r nIN•«• b . 100 r u R«I G.F. Y: GV%80449 Nr « Re.s RUNT .«.. re « ..I.w.l. a•.•r « r.1.uiM.... w fW1 M•r•ne• R•t• Yy Mar11•I 1r IN.O .M •Mr•! yt •. FI.rN.rN •. • •Mr •. MI..•MNIN. •r w Mee M frs«w•IW. .r tM.Na«.rr. THOMAS W: VOGT, P.E. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1928 REGISTERED PROFESSIONAL ENGINEER NO.45M P.O. BOX 210274 • BEDFORD, TEXAS 76067274 PHONE: (817) 284-1621 • FAX: (817) SWIM COPYRIGHT 1994 BY THOAUS W. VOGT • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-201 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 APPROXIMATELY 2819 ACRES SITUATED IN THE THOMAS' MAHAN SURVEY, ABSTRACT NO. 1049, BEING TRACTS 2E1 aril 2G;`-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. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person • or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these L:\CTYDOCS\ORD\CASES\480-201.SF1 7B-5 Page 1 • 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 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: L:\CTYDOCS\ORD\CASES\480-201.SF1 %B-6 Page 2 • Being a 2.819 acre tract of land situated in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 2E1 and 2G, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF -IA" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development •of the community. They . have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. 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 L:\CTYDOCS\ORD\CASES\480-201.SFI Page 3 7B-7 • until final disposition by the courts. • Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR day of , 1996. L:\CTYDOCS\ORD\CASES\480-201.SF1 713-8 Page 4 • ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: • EFFECTIVE: • L:\CTYDOCS\ORD\CASES\480-201.SFI 713-9 Page 5 CITY SECRETARY • EXHIBIT "A" Commencing at the Northwest corner of a tract of land deeded to D.M. Rodgers as recorded in Vol. 1917, Page 143, Tarrant County Deed Records, same being 7 varas south and 9 varas west of the northeast corner of the Thomas Mahan Survey and the southeast corner of the Francis Throop Survey; Thence North 89 degrees West 428.8 feet to an iron, the northeast and beginning corner of tract being described; Thence South 2 degrees 04 minutes West 558.6 feet to an iron; Thence North 89 degrees West 219.9 f-eet to an iron; • Thence North 2 degrees 04 minutes East 558.6 feet to an iron in the South line of County Road #3034; • Thence along the South line of said road South 89 degrees East 219.9 feet to the Place of Beginning, and containing 2.819 acres of land, more or less. L:\CTYDOCS\ORD\CASES\480-201.SFI 713-10 Page 6 City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-66 PROJECT: RezoningMilliam H. Martin Survey and C. Dart Sun'ev STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 REQUESTED ACTION: Rezoning of approximately 2.875 acres situated in the William H. Martin Survey, Abstract No. 1068 and being Tracts 4 and 4A, and in the C. Dart Survey, Abstract No. 2003 being Tract 2A8. The purpose of the request is to build one single family residence on site. LOCATION: East side of Randol Mill Avenue approximately 105' south of West Dove Road. OWNER/APPLICANT: Theodore V. Dias and Glen S. Barnett CURRENT ZONING: "AG" Agricultural District ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Four (4) RESPONSES: Two (2) written responses were received within the 200' notification area: • Anita T. Salinas, 2185 Randol Mill Ave., Southlake, Texas 76092, undecided. "If the change results in a house being built behind the existing one on Tract 4A1, I am opposed." • Tony C. Adams & Earl A. Adams, 3101 Sagebrush, Lewisville, Texas 75028, in favor. P & Z ACTION: July 18, 1996; Approved (5-0-2) COUNCIL ACTION: August 6, 1996: Approved (6-0), First Reading, Ordinance No. 480-202. STAFF COMMENTS: Note that due to the Salinas opposition (which exceeds 20% of the land area within 200') a super -majority vote (6 of 7) of the City Council is required to approve the request. ' Also, recall that the City Council approved the Plat Showing for this property at their July 16, 1996 meeting. This action was necessary to comply with the "30-day Rule" due to the lack of a quorum at P & Z on June 20, 1996 and no regularly scheduled meeting of the P & Z on July 4, 1996. 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(.u•r.. 11r IJ D.n: —�—�— Dan:'--+----- . /.WY L Dru, (a.enC GI IJ . . REPOT OF A PORTION OF THE WILLIAM H. MARTIN SURVEY, ABSTRACT #1061 IN THE CITY OF SOUTHLAXE, TARRANT COUNTY, TEXAS. to be known os LOTS > & 2._ BLOCK 1 BARNETT DIAS ADDITION AN AD MON• r0 THE CITY Or SOUTNLAA( dttr Or TNt IILLIAY R. YAAr1..' SUAITY. Ae ST. $1098 IN TAftumr COUNTY rrxAS. IYENDELL. HANCOCX �c�Ma� Zgj996 AICIJT(AlI /AD/JJJ/elLL fVA/t)DAf I�•I • I-Rf7-eS0-RPIS ,tl � n]ii; n CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-202 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 APPROXIMATELY 2.875 ACRES SITUATED IN THE WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068, BEING TRACTS 4 AND 4A, AND THE CHRISTOPHER DART SURVEY, ABSTRACT 2003, BEING TRACT 2A8 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. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and • WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and L:\CTYDOCS\ORD\CASES\480-202.SF1 7C-5 Page 1 • 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 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 L:\CTYDOCS\ORD\CASES\480-202.SFI Page 2 7C-6 • and amended as shown and described below: Being a 2.875 acre tract of land situated in the William H. Martin Survey, Abstract No. 1068, being Tracts 4 and 4A and the Christopher Dart Survey, Abstract No. 2003, being Tract 2A8, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF -IA" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to •lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. 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 L:\CTYDOCS\ORD\CASES\480-202.SF1 Page 3 7C-7 •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 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 , 1996. MAYOR • ATTEST: �J CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L:\CTYDOCS\ORD\CASES\480-202.SF1 7C-8 Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: • EFFECTIVE:__ L:\CTYDOCS\ORD\CASES\480-202.SF1 7C-9 Page 5 • EXHIBIT "A" Bung all that certain lot, tract or parcel of land in the WILLIAM H. MARTIN SURVEY, Abstract No. 1068, situated in the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin said point being South 0.39 feet from an iron pin at the Northeast corner of a tract described in Volume 7177, Page 1110, Deed Records, Tarrant County, Te.-cas; THENCE N. 890 - 53' - 28" E. 193.77 feet to an iron pin for corner; THENCE S. 00 - 07' - 38" E. 311.94 feet to an iron pin for corner; THENCE S. 890 - 45' - 20" W. 189.54 feet to an iron pin, by deed, being the Southeast corner of the above referenced tract; THENCE 14. 00 - 54' - 09" W. 312.41 feet to the POINT Oi' BEGINNING and containing 1.373 Acres. -Brdm US- acreq_e_ more or less, out of the WILLIAM H. MARTIN SURVEY, Abstract #1068, in Tarrant County, Texas, and further described by metes and bounds as follows: Part of,51.943 acre tract in the C. Dart Survey and William • H. Martin Survey described as Tract 1; BEGINNING at the East line of County Road #3035 and in the North line of the William H. Martin Survey and being the Northwest corner of said 51.943 acre tract recorded in volume 3256, Page 95, Deed Records; THENCE South 0 degrees 45' E along the East line of said road 521.88 ft.; THENCE East 208.75 ft.; THENCE North 0 degrees 45' W 521.88 ft. to North line of the 51.943 acre tract; THENCE West 208.75 ft. to PLACE OF BEGINNING; containing 2.5 acres of land, more or less; • L:\CTYDOCS\ORD\CASES\480-202.SF1 7C-1 0 Page 6 t City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 6-69 PROJECT: Rezoning/J. J. Freshour No. 521 Addition STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 REQUESTED ACTION: Rezoning for property described as approximately 2.18 acres situated in the J. J. Freshour No. 521 Addition, being Tracts 9AIA and 9A2. The purpose for this request is for single family use. LOCATION: 650 Randol Mill Avenue on the southwest corner of Florence Road and Randol Mill Avenue. OWNER/APPLICANT: Brian and Monica Boutte CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-30" Single Family Residential District USE CATEGORY: Low Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Six (6) RESPONSES: No written responses were received within the 200' notification area. P & Z ACTION: July 18, 1996; Approved (4-3). COUNCIL ACTION: August 6; 1996; Approved (6-0), First Reading, Ordinance No. 480-203. STAFF COMMENTS: Note that the City Council approved the Plat Showing for this property at their July 16, 1996 meeting. This action was necessary to comply with the "30-day Rule" due to the lack of a quorum at P & Z on June 20, 1996 and no regularly scheduled meeting of the P & Z on July 4, 1996. 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TNIS I i FILED N CAMNET SLIDE- _ - -Tr 1 =AY2 r 9 h(• - 7c% • • • • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-203 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 APTR(OXIMATELY .t' 2: 18 ACRES SITUA I ED IN THEE J J FRESHOUR SURVEY, ;ABSTRACT NO.521` BEING -TRACTS' 9AL AND 9A2 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL • ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person • or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by L:\CTYDOCS\ORD\CASES\480-203.R30 Page 1 7D-5 • 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 ordinan,•e 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 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: L:\CTYDOCS\ORD\CASES\480-203.R30 Page 2 7D-6 • Being a 2.18 acre tract of land situated in the J.J. Freshour Survey, Abstract No. 521, being Tracts 9AIA and 9A2, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-30" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development •of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any .and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted L:\CTYDOCS\ORD\CASES\480-203.R30 Page 3 7D_7 • until final disposition by the courts. • • Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L:\CTYDOCS\ORD\CASES\480-203.R30 Page 4 7D-8 • APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: is EFFECTIVE: �J ATTEST: CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-203.R30 7D-9 Page 5 • EXHIBIT "A" BEGINNING at a nail set at the intersection of the South line of Flor•en.ce Road a-nd the West line of Randol Mill Avenue, said point betwg, be deed call, in the above referenced deed, 15.0 feet South;, and 25.0 feet West of the Northeast corner of said Freshour Survey; THENCE. S. Oo - 17' - 55" E. 223.42 feet along the West line of s.aid - Randol Mill Avenue to a 3/4" iron found in same at the.So.utheas:t corner of the herein described tract,.s:ame being the.'Northeiiit' corner of a tract described in a deed to Alvin T. C.ain of record in Volume 6667, Page 320', Deed Records, Tarrant County; THENCE West (base bearing Volume 11787,.Pa.ge.136.7) along the N:orth.line of the' last referenced tract 425.8$. feet..to a 3/4" :iron -foVid, A_ the.Northwest corner of the last referenced.tract and the:South;` West -corner of the herein- described • tract -in the East. l in`e o:f':a • tract described in a deed to Mitchell Wolfe etux Janet o f . r'"c.o7r- - in Volume 11596, Page 2173, Deed Records, Tarrant County, T'e:es; THENCE N..00 - 17' - 55" W. 223.42 feet along the East line of the '_l:.ast.:' referenced tract and the West line of the herein described tract;. to a fence corner in the South line of"Florence Road as described in -Volume 11787, Page 1-367, above referenced; THENCE East 425..88 feet -along the Sw'th line of Florence Road .t.o the POINT.OF BEGINNING and contain+prig 2.1" acres. ". • 7D-10 L:\CTYDOCS\ORD\CASES\480-203.R30 Page 6 City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 6-86 PROJECT: Site Plan - Rockenbaugh Elementary School STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, Ext. 743 Dennis Killough, Planner I 481-5581, Ext. 787 REQUESTED ACTION: Site Plan for Rockenbaugh Elementary School, being approximately 15.357 acres situated in the O.W. Knight Survey, Abstract No. 899, being portions of Tracts 2, 2A3, and 2B. This plan proposes a 67,500 s.f. elementary school. LOCATION: South of E. Southlake Blvd. (FM 1709) on the proposed Byron Nelson Parkway, approximately 810' south of the intersection of E. Southlake Blvd. And Diamond Blvd. OWNER: Carroll ISD CANT: Cheatham & Associates CURRENT ZONING: "PUD" Planned Unit Development District LAND USE CATEGORY: Medium Density Residential (may include residential and limited low intensity office and/or retail uses) NO. NOTICES SENT: Four (4) RESPONSES: None P & Z ACTION: August 15, 1996; Approved (6-0) subject to Plan Review Letter No. 1 dated August 2, 1996, amended as follows: 1) deleting item #5 (required driveway throat depth) STAFF COMMENTS: Attached is Staff Review Summary No. 1 dated August 2, 1996. L:\WP-FILESNEMO\96CASES\96-086SP.WPD -7 C-I 40 .CSr 144 SIREET � ; i 4C2B 4C3 11 .. bl M D J 4 rcq 6A BA6AI g 604 1 IEI 1 1F 102ek, SA IA FF 12 ,_Li 1 OO 1C 101 ff W1 - 3 I 1 f{N�s 1 s Ac : ,i I \3Q Rr` c �. E3 ; 41 A B62A A SoAVEl�o GE �_._. ; R g L •., M9 6A �'C P. .40.64 Ac I� 9 BB1B I i i I i i >•. M I102 D2.IDIA i o 1D2A 10 I . v I IC YL44 HALL ITION -� _ I ,AI .� ._i_.. 'r3L4W CY A-6E7 ApV 9/P1EY A-693 IfOITI/f7 RD 'yam 7" 1 i 1 1 I I i 1 1 1 S 1 i i i i i i i i if i t ?�-i riles -IT 1 i i 6Gy r MY HAU 1 i 1 p i i i 1J i i i i i �- �� � i i — i i i i '. • 1 1 1 1 `-` ,� ; 3E 3F SA � '� 'v i PARK j ; i i t i i i _ i i '1 -�"-Jr''" � t8 I - --Ti—_.-_ i i i F---• — 25 Ac22 Ac �- i- i / •v I I. r % i 1'4 3 _ 2.665 Ac 34 3 Ac 301 M2 3 Ac i 3Fl30 302A 3A1 3i14 ]D �—Mm 1709) 3C SG 5F Y SD 502 — 3A 3A )C >B 4C 40 E 266 "` 381 7A 3-3Y P 0�,. 19 Y 10 Ac 6 Ac -1 a F3 Ac 52 Ac p, G tA. A Ac Ac 56 Ac 30.6 Ac f C. M y RG p t -� a A� ; r 34 GEES GH i `'; 302 22.11 Ac 3D Y It 3F 54 2AIC 2A ID W 2A5 U 4ss At 1 �' 20 t<t'^. 3 407 4 x ?AT r J ,{ me cautr 28 A \Llj`l 40 rk- rf-I �l t , ; m IBt 1 i J n,1 2B aV� + _ fn�I2� 01SED� qp/! ! W. LVI�o{J5� Wf1&HY 'Y'.x I . F i 4 48 W'"�E 4AC _�_ 20Ac t, 45 Aoc 1 L MA _ 2C1 �` _.: f San Ac >>, •- t 4F _ �[ 1. ..�1 - � 6 Ac `•; 58 I 1 1 I i o / , , 4C IA3 5c 10 At Ci—i,.lef i — g,!i i i 48 4A I — 'y Tlk j 8AI M - IT1 ,r 1 i- 1 1 1 l i IA 6A 0 6h1 i !. -L 1 IA G TRACT MAP � -r— pr+`'; '✓pJ', T .� TR 5D1 • 6 313 AC IW Richard; , -- "PUF)" Timarron 1 1 ADJACENT OWNERS AND ZONING Spin Representative #9 Laura Miklosko Timarron "PUD 01" l� 1R 2 1 1.0 AC 'R 3A I TR 3A 1 96 AC 3 08" P "AG" \� H. Adams City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 96-86 Review No: One Date of Review: 8/02/96 Project Name: Site Plan - Rockenbaugh Elementary School, Carroll I.S.D., Lot 1, Block 60, Timarron Addition, Phase 5, being 15.357 Acres, W.O. Knight Survey, Abstract No. 899 APPLICANT: Carroll Independent School District 1201 N. Carroll Avenue Southlake, Texas 76092 Phone : (817) 481-5775 ENGINEER: heatham & Associates 1601 E. Lamar Boulevard, Suite 200 Arlington, Texas 76011 Phone: (817) 548-0696 Fax : (817) 265-8532 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/1 6 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS. OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.CITY .hv.n:.:tn.\'}}'C k}rnRCY. A...L..!i l....r....U...Xi 0...+1WY.vvf. ^vC�QKd?R4:i,{tn... \.£'{f ..n..x }n n.}.S.w. uA'.v:....n,#{G3`..��&.':.'2:•SSStt¢}haw'.v!d?LS"i::,/':33'.^x:2:'.%Y!:.,YY:Q:ki.'•..u..n. S.. n..: "L:}:.£' Q 1. Include "Carroll I.S.D., Rockenbaugh.Elementary Schoor, in the Site Plan title. Change the block number to 60. Correct the lotting shown for the proposed commercial site adjacent to the north line. Only one lot (Lot 2, Block 60) exists per the approved preliminary plat. 3. Show and label the width and type of proposed bufferyard on the graphic. Distinguish the bufferyard areas with dashed lines and cross hatch or shading. Provide all required bufferyards and correct the bufferyard calculation chart as shown on the attached. chart. With regard to the note on the plan addressing the use of existing vegetation along the east and south bufferyards, credit may be given for existing plants following the criteria stated in the Zoning Ordinance No. 480, Section 42.4.g.. 4. The following changes are neededwith regard to the required landscape area and plantings: A. Show the location of all interior landscape areas to be provided on the graphic (use shading or cross hatch to distinguish). B. Correct the landscape credit, the required landscape area, and plantings shown in the chart. The maximum landscape credit is 20% of the required area. The enhanced pavement credit is based on 2 s.f.- of enhanced pavement for 1 s.f. of reduced landscape area up to a maximum reduction of 10%. A 10 % reduction in the required landscape area is permitted if turf grass is planted, irrigated, and maintained in 100% of the R.O.W. parkway fronting the site. The provided landscape area and plantings must meet or exceed the minimum requirements. C. The "Existing Tree Credit" described in note `c' must comply with Section 4.3 of the Landscape Ordinance No.544. 1 C—q City of Southlake, Texas D. Provide the required amount of landscape parking islands. A minimum of 10 s.f per parking space must be provided in landscape parking islands (approximately 1 - 9' x 18' island per 16 spaces). Landscape parking islands are credited toward the required landscape area. 5. The minimum driveway throat depth required for traffic stacking is 75'. The applicant has provided a driveway throat depth of 50' for each driveway intersecting Byron Nelson Parkway. 6. The following changes are needed with regard to the Site Data Summary: A. Add the following items: Area of Outside Storage Percentage of Outside Storage Start Construction Estimated Month/Year Finish Construction Estimated Month/Year Number of Stories Maximum Bldg. Height Floor Area By Use (number of classrooms and/or teaching stations, seating capacity of auditorium, cafeteria etc.) Provided Parking Standard Parallel Handicap Total Required Loading Spaces Provided Loading Spaces B. Correct the following items: Required Parking - should be calculated at 1 space per classroom and/or teaching station, plus 1 space per 4 seats in any cafeterias, gymnasiums, auditoriums, etc. Based on construction plans received by the City it appears that the required number of parking spaces is 160. Provided Parking - Correct the discrepancy between the provided parking shown in the site data summary and the actual parking shown on the graphic. It appears that 157 parking spaces have been shown on the graphic. The providedparking must meet or exceed the minimum requirements. Percentage of site coverage - percentage of lot area covered by the building footprint which appears to be 10%. Area of Open Space - area unencumbered by buildings and pavement. Percentage Open Space - percentage of gross area unencumbered by buildings and pavement. 7. Label all entrances and exits to buildings. Provide dimension from property lines to the closet points of the building. Identify the cross hatched areas shown. City of Southlake, Texas 10. Show the location, orientation, type and height of any intended lighting, signs, and exterior auditory The trash dumpster must be fully screened of view by a minimum 6' screening device meeting the requirements of the Zoning Ordinance No. 480, Section 39. 12. Show, label, and dimension. all fire lines. Include all curb radii dimensions adjacent to the fire lane. 13. Staff recommends that the site grading and utilities be provided on a separate sheet in order to improve readability of the site plan. 14. Provide a sidewalk accessing the intended crosswalk crossing Byron Nelson Parkway at Street `A' accessing the proposed municipal site. 15. Reconfigure the sidewalk in front of the site to comply with the approved City Trail System Plan. Consult with Kim Mc Adams at (817) 481-5581 Extension 757. 16. All non-residential uses abutting residential lots or dwellings must be screened of view by a minimum 8' high screening device meeting the requirements of the Zoning Ordinance No. 480, Sections 33.2, 33.3, and 39. This would appear to affect the intermediate north and east property lines and the south property line of the site. Show and label the type of intended screening. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This, may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * A fire access roadway meeting the all weather surface requirements of the Zoning Ordinance No.480 and the Fire Department requirements must be in place prior to construction. * This review is based on the "CS" Zoning District according to the Zoning Ordinance No. 480 as amended. * Although not required by ordinance, staff would appreciate placing "Case No. ZA 96-86" in the lower right corner for ease of reference. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 8/12/96 if this request is heard at the August 8 Planning & Zoning Commission meeting. All 17 revised submittals must be folded 6" x 9" and an 11 " x 17" revised reduction must be provided. If this request is not heard on August 8 and the meeting is continued, no new submittals will be required. Denotes Informational Comment tt: Bufferyard Calculation Chart showing the required bufferyards and plantings : Carroll Independent School District Cheatham & Associates L AW P-FILES\RE V\96\96-086SP.1 • • • SUMMARY CHART - BUFFERYARDS Location Length Bufferyard Width - Type Canopy Trees Accent Trees Shrubs Fence / Screening Height & Material North - Required 478' 5' - A 5 10 38 none Provided* East - Required 267' 10' - C 8 11 32 8' Screening Provided* North Required 496' 10' - C 15 20 60 8' Screening Provided* East Required 297' 10' - B 6 9 30 none Provided* South - Required 1412' 10' - B 28 42 141 8' Screening Provided* West - Required 677' none 0 0 0 none Provided* *Note any credits used in calculations: a. b. C. Other Comments: 1. 2. 3. 4. � 6 —7 BUYYARY CHART - SITE DATA / 4OY COI,—, TWARRON LAND CORPORATION ZONED PLO 460-0I111 •-.•• �1 [ L.U.D. MIXED USE wa• w rt•• toYM r w,r, ". n. H� Aar [UTURE raT.. N, CITY DP .7NLAKE N 89'4529" f - 477.9E r v ra r•n ••.., w rt. uUNICIPu COYPIEK ��Q (7 NA ZONED PD/AO L.U.O. - . DEN91Y RESIDENTIAL/ NAM R rt. � AKR". pp gg P INIA, •.6. T=181. 97 A C L=360.32,' STRCE--T-A LC=158 541 h a00Tali 'd / \ k• WARRON LAND CORPORATION D PUT) ♦ OIB / AT I I� I � I I $ I � � I I • ^ G` �p I ED I N QV 1Ae p�V ` BLOCK 1. LOT 2C j AVAES W. R LORETTA BAKER 711 E. SOU BOULEVARD SOUTHLAKE. TEXAS 76092-6311 ' = dLG PLACE ADanoN ZONED SF -IA H V.MIR-171P.]0. PRTCI L.U.D. - WED USE l\Z BLOCK I. LOT 2A I JOE NEAL BAKER TIT E SOUNLAKE BOULEVARD 0 SOUIKAKE. 1ElUs 76092-634I ZONED SF IA , Q L.U.D. - NIXED USE I BUYYARY CHART - INTERIOR LANDSCAPE �� I,ur•N ••rr IAr r i � 1 w .�•i. i rW� .w_�i•..�wM� r�.w�•.. Y .� ....•.Y.L b ..•r+. BUYYARY CHART - BUPPERYARpS _ pp / �"'"• IN •••e _ TM �� AIF IN ,•wRa ,A•x 1. OWN •••• . . RAK •r• • • • Rr• •••' �"� r _I.I-._ •.N•• ..u_ w. w •• .I.r.. •r••• .. r•+.+ N _r.r. i •.•. N ,.� r u. r•_...A... r rlrt. rw. w. w A• ..•.•.• b -+�. �IIAARRW-LAND CdivORAnON .U.D. - WXEO USE /4 8 (/) �,3q�I�E -1 D=03'42'57" b I ili'SH T 5 89'S1 '0" E — 49 .42 R=955.00 _ _ _ _ _ _ A-e99. M. 70 L=61.93 �/ p�.'' /• fP .I•' ---- ------------ - - ---- - - ti L[STER BRISCOE T=30.98 f h' FF 624.50 q / 8 �" . R.. ]07 [ oµus S'- LC=61. 92 PAD 623.17 • •" \ k; APCOAD wZD" 0 A6051-ale 1 q L.U.D. - YED— CB=N40;57'19 / / / r6P.}•wmA,).w 0 "Zil." I �\ I I 0[N9 TY RESIDENTIAL e' / CARROLL I.S.D. / PROENurc TS 7tONc x• J� ��• LOT i u N lob/ BLOCK 60 W E bars 1 ✓s 1: ' : d rPR 3 ~ ' ,�'/� III s LO GRAPHIC SCALE Mf— ANT K r.PRKe In Dr7wo _ µtM KKlA7gK RMltll / \ ..� A4r • » \ / / , O RUCNE6 FAARLYCALAIITEO RROLL A PARTNERSHIP -N" tw / /`100 YEAR/ O SOU7NLAxCTx LAVENUE .A f 0_ 10'13 "• .. / STUDIE92-8713 LA I N LU.0 m AC ^ Vq ; • •" / / (UNSTUDIED REA)—� III I (A x"SITY RESIDENTIAL R=56 ffQ_ _ / ` /; •�L T=50.10 - --PEa.RER / 5° LC=99.80 � \ - AleIF ,r i ni f'W ` OPpSEO I 1 1 10 R=4 .0D=15'15'17" — g R48.OQ12 .289'32'15" o W 261.30� I I I I 8 I% r58.48 L=129.1 \--� h� YUNrvN / I BLOCKI58 I ' II LC=1y�j9�--- T-64.95 �, i 81R PLAY ..LI I 1 QB=N80' 13`36 "W�_ 2 •16'06�W - - \ 1 (,e``� LOT 1 Luro CORPt AUON I� •= I 2p 8(� �- .1 I BLACK 60 o TEXAS Box 52 2 I \ O TIMARRON ADDITION DAl1A5, ,ExAS 75221-02Bo I I I I I 1 UPPRO,xO P,IGIK— MT) L L",� PIP ZONED PUT) uaOle W _ 3 4 Off' PHASE 5 pl>) `7w rau 7ru L.u.o. - Wuo USE ! I I I 5 6 1. • L�• I / G TO rxE THE LCOU DP BOV[IDAIR ± IXWrLLT asm Arw N � I I \L t I — —lao YEAR TARRANT COVHTI', TOLtt o• ' Io I _ I >- II\' FLOODPLAIN mw7o K m axY'olic�nmxr B I \ / .BiM.CT W. K., rARRAKr mORrr, rv.. I O (/� LO K 7 (UNSTUDIED AREA) 16 / 15 / 59 - I / , \ \ Y.Ru: GKWI. 6WOdP.RT K.PK KRmn •>tw R. DIL TRAM AY7MIB 14 13 8ai 12 ZULY. 1� w min■■■■■��� ZA t City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-99 PROJECT: Concept Plan - Georgetown Park (formerly Southlake Boulevard Plaza) STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Concept Plan for Georgetown Park (formerly Southlake Boulevard Plaza), being approximately 5.435 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 2A3. LOCATION: South side of E. Southlake Blvd. (F.M. 1709), approximately 700' east of the intersection of South Kimball Ave. and East Southlake Blvd. OWNER: R. G. Lyford APPLICANT: Richard Myers, Realty Capital Corp CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use (may include residential and office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR RECOMMENDATION: Retail Commercial (same as in, 0-1, C-1, C-2, C-3, and B-1 districts) NO. NOTICES SENT: Twelve (12) RESPONSES: One (1) written response was received from within the 200' notification area: • Mrs. Gordon N. Nettleton, 2611 E. Southlake Blvd., Southlake, Texas 76092, in favor. P & Z ACTION: August 8, 1996: Approved (7-0), subject to Staff Review Summary No. 1 dated August 2, 1996, deleting item #6b requiring a minimum 500' spacing for full access drives and deferring item #7, the requirement of an F 1 fence and an 8' screening device, until the construction of "Building C" indicated on the plan. STAFF COMMENTS: Attached is Staff Review Summary No. 2 dated August 16, 1996. L:\WP-FELES\MEMO\96CASES\96-099CP.WPD 1H r4�nffi PUT' ,,r' so sc,, ti r 2 ' 5DIA .%' �. 50 © as BO BW,A BAI -T, �1'(>1A7,'i•T>-TT lullWA SCIB Sq 8X 8T 6w wz - 4. �-?'�'�-•.-r•i j 5A3 SC,B 'fr` SR 5P O a j �, x s" sI1 SI 5��,/,�/�@ y I L 5A4 501 , _ —r II H®8!%IAS--jai HAN 4l 58,8, ZBl 2B112B8 2B7 2812 12 286 284A ,act II UWL4? YY A-104 i'Y w o_ �-�i SB,B ..','. e �4 f,' PS 202 2B 2837289 j. fit.-- A N285 2810 184 2C, 5 SCt 59-3111._..-_.. Y` 3A2 SAt SB4C 20 2G 2C 2l 2N 2F 2J ?Ctf, �'.� -- 10 _._. �. 2B5 ;•gyp I 211 1 1 21 1 20 2R 2N � iemr is � ! . 1 2A1 2A __j — _ 5B2 502n Y zAz DJf `J zeu D AP 582C 3i �6tl p 1A 1 I ---- We 582A zA79 / R EL.1S OR sA ' , IB3 111 182 1 )A, 1EY A-r3A NORTH 3C B WEST PKWYST I IA 2E9C lu 384 292E3 2Et4 IS 7A1 f�' R i 2E 9 RRA 12 2E7 �I E FA I7tf ' � R � F1ELD i ZE3 6 2E8 ,.e� PIT ION pDrrION j ` '7 MAr i `wSm PLACE V " € i I ' AA d`l 3 - �'-'-- - - now we 2E5 EAST SOUT LAKE BLVD. S�' I ZC 2 2B ,81A 1B2 1B .1.�.�--- ----'y i i i i i i I. 1B2B )N —. •�. - 15 Ac 50 2B 2C RRI IA F,� i 3 3EJ 3C 3B Be 2O ✓132E T i �r •� 181 2A 2A2 22AIA 6AIAl A2A 2 3 Ac 1B W 3B1 �' Lf 2A1C I 1 2A ,C 2ASA 2Ai 2 3A F 12.09 Ac 2C ._........v A ,�. ttA ,t6 — 1T 1,E L - bLA ® SIRIOU A-r7f I 1 _._.-._ _ _�_ —'-'-'--'-- 13.6 Ac 5 5A JD 11D ' 2 EA' 6G ,A,--�' _ c -NECK. - IND T i IA, 6K' Ac I ! ® ! 1 1 MA1 1104383 G i ; 3 40 GRAPEVINE CITY LIMIT 011' SC 6A, 3 Ac 6.15 Ac - -- -' --- -- I 14 I E 1 i r 1 ---_ 1 6B3 68 681 682 5JNE9 1 EEN :BARK 4 1 - 6C 6D 6E BUD 61 Ac � —._._._.1 '� �- ...... ,A, A< M�'DINp�51R�L L 6F I I / %% \4 4A 1 i I 1 I I I 'A 1m ;a m TRACT MAP 6.3 Ac t81Kt 18w 1e4K2A 1810F 1810 af, le IBIw 181 I06CZ 15. — -- --- � '� I2 ,812 1815 1%E 1 IU 1M8Mc2B -- •-'V' • 1B4 IB4G 1814 186E 3B2 1B 1i....~1 1047 ,84 IBM�. IF- 184S I I'S '� IB, Q0. IB4R 194L4 2 ' 184 3 1 I low wNIB,r' I K IO 0_' Y ,84L2 18n 1B 1- 1841EA 1Ap 1 11B4YIB4L6 ,BygW3 9 , IR r ADJACENT OWNERS AND ZONING 11 (RI WSpin Representative #7 Darrell Faglie C311 r r), J R 05A I IP I[ , , i Parker to A r", 5 0 .>. I — I I . M 6(11� IP 2F% TR TR"26 74 79 A( 'EI Southlake Venture 1P I FIFA AC "C2 of 11 M Brunch H Eato MLee .--7 , D_ "AG91 ]I;" IFIA 08r, ol't II M. I III i Of ,- jj State of Texas 7, fil "AG 2 it "AG G Nettleton H Carr TF .A I "AG" -),I AV 11cs" City Of Southlake E Shanl on -------------- A James R Williams "SF-1AII "AG" E White T Thompson i L4j (a) A -Q) IA City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY No: ZA 96-99 Review No: Two Date of Review: 8 1 6 Project Name: Concept Plan - Georgetown Park (submitted as Southlake Boulevard Plaza) 5,434 Acres in the Thomas Easter Survey Abst #474, proposed as Lots 1 and 2 of Southlake Boulevard Plaza APPLICANT: Realty Capital Corp. 210 Park Boulevard, Suite 100 Grapevine. Texas 76051 Phone: 817) 488-4200 Fax 817) 488-5257 Attn: Richard Myers ARCHITECT: CNK Associates Inc. 2045 N. Hwy. 360. Suite 160 Grand Prairie, Texas 75050 Phone: 817) 640-0100 Fax : (817) 633-3309 Attn: CV CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/12/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. ::};;+${$nv::i:^4i{ii:i::v::i4�<:i�$.i�::{::?\4%{i'+nW`i.'+A?:'w:S{ �'r:5ii`C2i<Y':`.n.{i�.4�.'•::.tidyi0Y4�f/r.'fii+'.:///////fffffi67YIWff////fffff�'%%i�k4'J'+i4G:f.2:h�:�:Y.7/%K!Gi),�Y>r"..�. Correct the zoning shown for the Liberty Bank tract to "C-2". 2. The following changes are needed with regard to bufferyards: A. Correct the discrepancy between the graphic and the summary chart for the bufferyard type and length provided for the west bufferyard of Lot 1, adjacent to Lot 1, Block 1, Perry/Allen Addition. B. Provide all required bufferyards. Bufferyards are required adjacent to and along the entire length of each lot line. Required bufferyards are as shown in the Bufferyard Summary Chart on the plan. The applicant has requested relocation and/or reduction of the following bufferyards: 1. Reduction in the length of the 5' Type A bufferyard along the east property line of Lot 1 from 880' to 463', ending 15' south of the south end of Building `C'. 2. Relocation of the 10' Type F 1 bufferyard required along the south property line of Lot 1, to the area approximately 15' south of the south end of Building `C'. 3. Reduction in the length of the 10' Type B bufferyard along the west line of Lot 1 from 668' to 445' ending 15' south of the south end of Building `C'. 4. Deletion of the 5' Type A bufferyard required along the east and south lines of Lot 2. 5. Reduction in the length of the 5' Type A bufferyard required along the west line of Lot 2 from 656' to 470' and requests the relocation of 135' of the provided bufferyard adjacent to the south line of the proposed driveway crossing the north portion of Lot 2. 1FA City of Southlake, Texas The applicant should be aware that any subsequent concept plan and/or site plan submitted will require that all bufferyards comply with the requirements of all applicable ordinances. 3. The following changes are needed with regard to driveways and compliance with the Driveway Ordinance No.634: A. Provide dimensions from the proposed driveway centerlines intersecting Southlake Boulevard (F.M. 1709) to the nearest existing/proposed driveway off -site east and west of the site. B. A minimum 500' spacing is required between full access driveway centerlines intersecting Southlake Boulevard (F.M. 1709). An approved driveway located on Lot 1, Block 1 Perry Allen Addition is approximately 410' from the proposed driveway for this site. (P & Z Action 818196 Delete) C. The curb return radius connecting to the adjoining street curb cannot extend beyond the side property line of the site. Although, the curb return radius for the proposed driveway intersecting Southlake Boulevard does extend beyond the side property line, staff recommends that this driveway be located directly adjacent to the east property line of Lot 2 as shown. D. Delete the Common Access Easement shown in the R.O.W. of F.M. 1709 and in the 20' Type O bufferyard between Lots 1 and 2. Although the 50' driveway throat depth provided for traffic stacking meets the requirements for this site as currently shown, the parking and traffic impact which may be generated by the "Future Development" would appear to require a driveway throat depth of 75' or more. The applicant should be aware that approval of subsequent concept plans and/or site plans for the "future development" could be subject to meeting the increased throat depth requirements. 4. In addition to the F 1 fence required along the south property line of the site a minimum 8' high screening device meeting the requirements of the Zoning Ordinance No. 480, Sections 33.2, 33.3, and 39 must be provided along this property line. Show the location, type, and height of all walls, fences, and screening devices. (P & Z Action 818196 Defer until construction of building `C ) 5. Designate all drive lanes for this site as fire lines. Label all curb radii dimensions adjacent to the fire lane. All fire lanes must meet the City Fire Department requirements. P & Z ACTION: August 8,1996: Approved (7-0), subject to Staff Review Summary No. 1 dated August 2, 1996, with the following amendments: 1) deleting item #6b requiring a minimum 500' spacing for full access drives; 2) deferring item #7, the requirement of an F 1 fence and an 8' screening device, until the construction of `Building C" indicated on the plan. q F-5 City of Southlake, Texas Although no review of required parking or interior landscape is provided at the Concept Plan level, staff strongly recommends that the lot be evaluated for compliance with the off-street parking requirements per Ord. 480, Section 35, and the interior landscape area requirements per the Landscape Ordinance No. 544 prior to preparation of any site plans. The required area of interior landscape and plantings shown in the summary chart is incorrect. The required landscape area should be calculated at 50% of the floor area of the buildings. The applicant should be aware that if more intensive professional use such as a medical/dental office is incorporated within the site the required parking will increase and that prior to receiving a C.O. for any building space all required parking must be in place. * Building articulation requirements will not be reviewed at the Concept Plan level. This issue will be addressed upon review of the Site Plans. Please note that vertical and horizontal building articulation meeting the requirements of Ordinance 480, Section 43.9.c.1(c), will be required. * All mechanical units including satellite dishes must be fully screened of view from F.M. 1709, S.H. 114, and/or from properties within 400' having residential zoning or a low or medium density residential Land Use Designation. * It appears that this property lies within the 75 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Prior to issuance of a building permit for the structures as shown a final plat must be processed through the City and recorded in the County Plat Records, and site plan, landscape plan, and irrigation plan along with the 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. The applicant should be aware that further development of this site will require City approval of a Revised Concept Plan and/or Site Plan. Denotes Informational Comment cc: Realty Capital Corp. CNK Associates Inc. 0:7L- AYPIICANT OWNER: NOTES' DSrrEeoRone To� RARR .y r.,v... lAf i AND IAT 7 Q n.nr •+os �,, ...--. �—� �OORtLLaE� aa' wa �«M�r�w .nv a. wv.wxy.v...•r. r+�y rr...a SDUI}pA/F. TARRAbr CO. TIXAS w.cc..rm ao ti.rw u�ywrv.«r a+s �.e n... PREPARATION DATE vyAo1% '�"' •'°'-v+ •' MOr°i p" "'•'• „q'u.': n `. _ » • •u �A EXUnNG ZONED o-1 PROPOSE) ZONM: o-: b. •w ao' .a. s.v...-ss. ..�.nw a.aee. r�... rrv.a.aax a�.�rv....a» a.� iy.tiwy.,.y....vy....y.e...a_ _1AND USE D61GNA710M I.aXED LEGAL DESCRTnON ©or ol©o® pL-A �oo®000 �oo�000v oo®000 o®o� o�i� ©om000 oo®voo Y SITE DATA /7 >r Gt/ L — — — — — — — — — — — — 1 4 4 ' O , �... `---------------- � AUG 12 x.i lam L # 7- ---------------------- CASE NO. ZA 96 99 ovc. m� uxr -.a P— ___ rtttl E— City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-79 PROJECT: Site Plan - Georgetown Park (formerly Southlake Boulevard Plaza) STAFF CONTACT: Dennis Killough, Planner I 481-5581, Ext. 787 Karen Gandy, Zoning Administrator 481-5581, Ext. 743 REQUESTED ACTION: Site Plan for Georgetown Park (formerly Southlake Blvd. Plaza.) on property being legally described as being 5.435 acres situated in the Thomas Easter survey, Abstract No. 474, Tract 2A3. LOCATION: South of E. Southlake Blvd. (F.M. 1709) and being approximately 700' east of the intersection of South Kimball Ave. and East Southlake Blvd. OWNER: Robert G. Lyford APPLICANT: Realty Capital Corp. CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use (may include residential and office buildings, hotels and commercial and retail centers) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3, and B-1 districts) NO. NOTICES SENT: Fourteen (14) RESPONSES: Three (3) responses were received from within the 200' notification area: • Emily Shanklin, 2627E. Southlake Blvd., Southlake, Texas 76092, in favor. • Howard E. Carr, Jr., 311 S. Kimball Ave., Southlake, Texas 76092, in favor. • Gordon A. Nettleton, 2611 E. Southlake Blvd., Southlake, Texas 76092, in favor. P & Z ACTION: July 18, 1996; Approved (7-0) to table and continue Public Hearing until August 8, 1996 at the Applicant's request. August 8, 1996: Approved (7-0), subject to Staff Review Summary No. 1 dated August 2, 1996, deleting item #7b requiring a minimum City of Southlake, Texas 500' spacing for full access drives and deferring item #8, the requirement of an F 1 fence and an 8' screening device, until the construction of "Building C." STAFF COMMENTS: Attached is Staff Review Summary No. 2 dated August 16, 1996. L:\WP-FILES\MEMO\96CASES\96-079SP.WPD 7P '♦.` ' }A2 3A1 31A 2CI 5 SC1 �- �7. --- ; `'♦, 2E 20 2R 2M ' j ♦ <' .noauw 2B5 2A, 2A ACID A(A _ 584E 582 5B2D mot+-. i DEN 2AIA A 2A2 582C iS A6R 2AI t - L-' WASSBU P �4a� �W 2A I 183 t8 182 t }A, tEY A-4se B 1A 2E9C 5A 3C 3C, I NORTHWEST PKWY ST 2 2E3 2E14 13 2£ 9 364 38 I Y I 12 2E1 �( 2A, I..� �� Iw j� Li• R ; 1 2XE3p 6 2E8 �(r` FA �- MISi1N PUCE OR 72 -1 ` �r i �AM. E 2Es prripN AppfT -3 A ;---------- s� 3 I EAST SOU7NUKE BMW. 1 j i L 11 1 1 1 1 2C 2 1B2 ,B ; 1 r-J-"�---"l-"----' j 1 I 1 j I . 82A F-'- 1B28 ze 2C .-'p 3 3E x : y0 -A RK� IS Ac �� 2E � 2AZ 181 �IR 2A - _ Z 2A2A 2AIA 2A,8 b 381 2 _ 3 A< c 1 i pDp 1c 2A i 2AI 2 3A --- 12.09 - 1�. 1A 118 -I-T-,-Tq '♦ IIE GNO i 1 T. i i5 5A13.6 Ac - P G 110 ID 38 +� Lt:IT � 1103 1 ~) A/- R�♦ I I i 1 6G 4A1611 --,-- - -,--- _ 1 2 EA' 4A4 i 1 1101 i i C 1 i I l 61( 6K1 1 m1 1104 i i I I F1 20 Ac I 11DSAI is I 383 3 1 (; iVEWNE CITY UMIT 1 3 Ac 1-10J MNEON ST. 28 �20 , , 6 3_.IAe .3 681 68 IsmD 6C 60 6E 61 Ac 10 114 Ac ,l 1 i i 1 i i i 1 ((4 �I�A,//�3 II�IIC �I�ppp pp ®UClA15®: -1 (� - `��?+ � ♦ � 51APPEY ♦���` A-fOIJ AjtA � , 1 C R .1 plv' - ,4 Y 2Flt IA 1e" woo1BIA IBIIE m 1 •� ♦, �� 6.3 Ac � l84% 18, a lots I tm Bea 15.5 Ac `♦ `♦ 2S m le* 1 1�2 4 IBff 06E 3B2 1 1 vw t86 1 ' 1g5 Im IB6J 181 12 8 AR 1 , t ,960 186C F►NA�1014 I' p666} IN2 IBIIfA 1811 IBM ,B681 ADp 1A lIMY2 le,t8 Ie,e 1B6B3 11 a ,A 2E4 31.61 Ac "m IBg7 1BIL 187C 1781 .01 Z6 167A 183 TRACT MAP i 2UA b RRI3®G9 ®E k=n SLMEr A-4M 5D Arl 1 30 AcMT M A i ) IA75TANO ROAD (- All TA A A-/ X ON303A IR 3F 1R zP- 14 .1 t4- 1 .4 7 7 A( "C3" J. Parker If-, . .151 * "> I I I 1479 IR 6 TFZ 28 19C31, .74 79 Ar' IP SOUTHLAKE KIMBALL VENTURE LMTD. I P <F 1 RFA A( "AG" "AG" ,!, "AG!R. Lee A, H. Bunch H. Eaton C Al ROLL F I A C, 'k '.A I 1p 1 59 A(-. H. Carr G. Nettleton "AG" TP -A -1 A� L 11CS99 E. Shankton IR CITY OF SOUTHLAKE "SF-1 AI, "AG" R. Williams A. James -"SF-lA" "AG" T. Thompson E. White ADJACENT OWNERS TER AND ZONING ;AS EY Spin Representative #7 Darrell Faglie I Lj R \1 A, /1 *7 A I CONSULTANTS srrE om 73 SITE PLAN FOR GBORQS TOWN PARK JAND USE PROPOSED ZONM C-2 LEGAL DESCRIPTION SnE DATA LAYr I- PHASE H FU7URE DEyELopaM I I TI 7 ........ ... ...... J' ------- ------- k. 7 Lcrr 2 FUrURE DEVELOPMENr ------------------- ---------------------- ----------------- -XLA..rc .......... . ...................... ---------------- -- ------ ...... :1 . .......... - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - r- .\s —2-1 C� 0 0 I O ti I- A-1 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 6-79 Review No: Two Date of Review: 8/16/96 Project Name: Site Plan - Georgetown Park (Submitted as Southlake Boulevard Plaza), 5.434 Acres in the Thomas Easter Survey Abst #474 proposed as Lots 1 and 2 of Georgetown Park OWNER/APPLICANT: Realty Capital Com. 210 Park Boulevard Suite 100 Grapevine. Texas 76051 Phone : (817) 488-4200 Fax : (817) 488-5257 Attn: Richard Myers ARCHITECT: CNK Associates Inc. 2045 N. Hwy. 360 Suite 160 Grand Prairie. Texas 75050 Phone: (817) 640-0100 Fax :(817) 633-3309 Attn• CV CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/12/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.CITY x',••`.::}..:c<t??.'t:}:tr:'t�SiiSS>t'rSti:�.^•F:�:t•:•`:.,,a,YS`?:±2:4C::}i•.;tY•\`;F:R•\\45:+.::?:::.•:>:?::?}:•:4::rSS:<:},'tY?.:24?>:::f:::::5:.`•::;/.•5:.�:CS<:,}:•}rV+}.}}x. ?o}rrr...rr.......5::�:b7C:4\.....{{{{.S.4FSi:::•7{{{//�r/.!f{{a(%/.+f.L2i:<.f:t�X,+t:s:22?�.`•S:;i:•:•'.:<�?>.;::'fti:}'f..<i::;}i:}-:}.h:•$R::'{.YJ..`•:'t4S'::Y Correct the zoning shown for the Liberty Bank tract to "C-2". 2. The following changes are needed with regard to bufferyards: A. Correct the discrepancy between the graphic and the summary chart for the bufferyard type and length provided for the west bufferyard of Lot 1, adjacent to the Carr tract and Lot 1, Block 1, Perry/Allen Addition. B. Attach the following note below the bufferyard summary chart for Lots 1 and 2 referenced to the required and provided shrubs for the north 20' Type O bufferyards: "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. " It appears that an additional 47 shrubs will be required along the edge of pavement of the 5 parking spaces shown north of the driveway crossing the north portion of Lot 1. C. Provide all required bufferyards. Bufferyards are required adjacent to and along the entire length of each lot line. Required bufferyards are as shown in the Bufferyard Summary Chart on the plan. The applicant has requested relocation and/or reduction of the following bufferyards: Reduction in the length of the 5' Type A bufferyard along the east property line of Lot 1 from 880' to 288', ending at the north curb return of the far south driveway intersecting the common driveway between Lots 1 and 2. 2. Reduction of the 10' Type F 1 bufferyard required along the south property line to a 5' Type A bufferyard and relocation to the area approximately 16' south of the south end of Building `B'. City of Southlake, Texas 3. Reduction in the length of the 10' Type B bufferyard along the west line of Lot 1 adjacent to the Carr tract from 668' to 257' with an 8' wood screening fence ending 16' south of the south end of Building `B'. 4. Deletion of the 5' Type A bufferyard required along the east and south lines of Lot 2. 5. Reduction in the length of the 5' Type A bufferyard required along the west line of Lot 2 from 656' to 470' and requests the relocation of 135' of the provided bufferyard adjacent to the south line of the proposed driveway crossing the north portion of Lot 2. The applicant should be aware that any subsequent concept plan and/or site plan submitted will require that all bufferyards comply with the requirements of all applicable ordinances. 3. The following changes are needed with regard to driveways and compliance with the Driveway Ordinance No.634: A. Provide exact dimensions from the proposed driveway centerlines intersecting Southlake Boulevard (F.M. 1709) to the nearest existing/proposed driveway off -site east and west of the site. B. A minimum 500' spacing is required between full access driveway centerlines intersecting Southlake Boulevard (F.M. 1709). An approved driveway located on Lot 1, Block 1 Perry Allen Addition is approximately 410' from the proposed driveway for this site. (P & Z Action 818196, Delete) C. The curb return radius connecting to the adjoining street curb cannot extend beyond the side property line of the site. Although, the curb return radius for the proposed driveway intersecting Southlake Boulevard does extend beyond the side property line, staff recommends that this driveway be located directly adjacent to the east property line of Lot 2. D. Delete the Common Access Easement shown in the R.O.W. of F.M. 1709 and in the 20' Type O bufferyard between Lots 1 and 2. Although the 50' driveway throat depth provided for traffic stacking meets the requirements for this site as currently shown, the parking and traffic impact which may be generated by the areas shown as "Future Development" would appear to require a driveway throat depth of 75' or more. The applicant should be aware that approval of subsequent concept plans and/or site plans for the "future development" could be subject to meeting the increased throat depth requirements. 4. In addition to the F 1 fence required along the south property line of the site a minimum 8' high screening device meeting the requirements of the Zoning Ordinance No. 480, Sections 33.2, 33.3, and ' 39 must be provided along this property line. Show the location, type, and height of all walls, fences, and screening devices. (P & Z Action 818196, Defer until construction of building `C ) %0-1 City of Southlake, Texas 5. The following changes are needed with regard to the site data for Lot 1: A. Correct the percentage of site coverage. Site coverage is calculated by determining the percentage of the Land Area for Lot 1 covered by the proposed buildings. This would appear to be 12%. B. Correct the area and percentage of open space shown. The area of open space and percentage of open space should include all areas within Lot 1 unencumbered by buildings or pavement. This would appear to be 91,000 s.f. and 68% respectively. 6. The dumpster location does not conform to the location as shown on the Concept Plan for this site. The trash dumpster must be located at the side or rear of the principal building. 7. Designate all drive lanes for this site as fire lines. Label all curb radii dimensions adjacent to the fire lane. All fire lanes must meet the City Fire Department requirements. Provide a separate plan showing the proposed finished grade of the site, with contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows in all flow lines, and label all existing drainage structures labeled with size, type and flow line elevation. Also show centerline of water courses and existing drainage easements. 9. Note the benchmark used for the topographical information. This should correspond to a City approved benchmark. 10. The following changes are needed with regard to the building elevations provided and compliance with the requirements of Zoning Ordinance 480, Section 43.9.c.1 (a) and (c), Corridor Overlay Zone Regulations: A. Indicate on the plan whether the elevations provided are typical of Building `A' and W. Identify each elevation. (i.e. East Elevation Bldg. A and Bldg. B, North Elevation Bldg. A and South Elevation Bldg. B, etc.) The assumption has been made that Building `A' and `B' are typical in the articulation evaluation of. B. Compliance with the articulation requirements of the Zoning Ordinance 480, Section 43.9.c.I (c) are as shown on the attached "Articulation Evaluation No. 2" dated 8/16/96. P & Z ACTION: July 18, 1996; Approved (7-0) to table and continue Public Hearing until August 8, 1996 at the Applicant's request. August 8, 1996: Approved (7-0), subject to Staff Review Summary No. 1 dated August 2, 1996, amended as follows: 1) deleting item #7b requiring a minimum 500' spacing for full access drives and 2) deferring item #8, the requirement of an F 1 fence and an 8' screening device, until the construction of "Building C." 7 G-8 City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-78 PROJECT: Preliminary Plat - Georgetown Park (formerly Southlake Boulevard Plaza l STAFF CONTACT: Tom Elgin, Planner II 481-5581, Ext. 753 Dennis Killough, Planner I 481-5581, Ext. 787 REQUESTED ACTION: Preliminary Plat for Georgetown Park (formerly Southlake Boulevard Plaza), being approximately 5.435 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 2A3 and being proposed as Block 1, Lots 1 and 2. LOCATION: South of E. Southlake Blvd. (F.M. 1709) and beingapproximately 700' east of the intersection of South Kimball Ave. and East Southlake Blvd. OWNER: R. G. Lyford APPLICANT: Richard Myers, Realty Capital Corp. CURRENT ZONING: "C-2" Local Retail Commercial LAND USE CATEGORY: Mixed Use (may include residential and office buildings, hotels, and commercial and retail centers) CORRIDOR RECOMMENDATION: Retail Commercial (same as in CS, 0-1, C-1, C-2, C-3, and B-1 Districts) NO. NOTICES SENT: Fourteen (14) RESPONSES: Two (2) written responses were received from within the 200' notification area: • Howard E. Carr, Jr., 311 S. Kimball Ave., Southlake, Texas 76092, in favor. • Gordon A. Nettleton, 2611 E. Southlake Blvd., Southlake, Texas 76092, in favor. P & Z ACTION: July 18, 1996; Approved (7-0) to table and continue Public Hearing until August 8, 1996 at the request of the Applicant. August 8, 1996; Approved (7-0), subject to Staff Review Summary No. 1 dated August 2, 1996. STAFF COMMENTS: Attached please find Staff Review Summary No. 2 dated August 16, 1996. L:\WP-FILES\MEMO\96CASES\96-078PP.WPD �Il�` 4 City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-94 PROJECT: Site Plan - Holt Dental Care STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Holt Dental Care, being Lot 1A, Block 3, Diamond Circle Estates, as recorded in Volume 388-177, Page 7 of the P.R.T.C.T. and being approximately 1.003 acres situated in the W. W. Hall Survey, Abstract No. 687. The plan proposes a single story 3,608 s.f. professional building. LOCATION: 600 E. Southlake Blvd., approximately 325' west of the intersection of E. Southlake Blvd. (F.M. 1709) and Diamond Blvd. OWNER/APPLICANT: James H. Holt, D.D.S. CURRENT ZONING: C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR Residential (and Single Family district) RECOMMENDATION: NO. NOTICES SENT: Ten (10) RESPONSES: Two (2) written responses were received within the 200' notification are: • Richard O'Day, 921 Emerald Boulevard, Southlake, TX, in favor. "I do have concerns about lighting on the building which may shine into the yards of those behind the dental office and the signage. I hope that we do not have another eyesore such as the Remax/ Lonestar sign which is next to the proposed dental building. These bright florescent type signs need not be used." • Donald and Carole Tinkham, 917 Emerald Blvd, Southlake, TX., undecided, "Our main concern is the lighting in the rear parking lot we spend a lot of time in our back yard and would be opposed to having our yard illuminated, also we have seen only a plan view of the proposed building and would like to see some elevation plans. We are not opposed to building." %z— I P & Z ACTION: August 15, 1996; Approved (4-2) subject to Revised Plan Review Letter No. • 1 dated August 15, 1996, amended as follows: 1) Delete #5 (Provide 6' conc. walk along F.M.1709 in compliance with Trail System Master Plan) 2) Delete #6 (required driveway spacing and throat depth) 3) Amend #8, delete "show exterior auditory speakers" from the comment. No exterior auditory speakers are to be placed on the site. 4) Delete #10 (Show location of trash dumpster) No trash dumpster is to be placed on the site. 5) Delete # 16 (Show areas of outside storage) No outside storage is to be placed on the site. STAFF COMMENTS: Attached is Revised Staff Review Summary No. 1 dated August 15, 1996. L:\WP-FILES\WMO\96CASES\96-094SP.WPD • r� u 71- -Z 30 PARK IB 25 01) JIG RA 58 48 IN PARK 4 Ac BEI SAI ADJACENT OWNER 9 -AND ZONING 10 Spin Representative #10 • I 8 1 )N 12A 12A _ 6 eA DIAMOND BLVD 140 1 R. Stevenson „AG" - E Qcd r LL e Y � _I m O Z O = Q >, H Qcm Q u 0 Q= c 13 1A "nnn - y l.i L c 14 Southern o a� 13A P 1A Home i in --- -- _ ---�-- - -- Realty --i 38 J.M. STEV NSON TR 1 .409 AC 1B 26 3B - - — - A -2040 - - - - - _ -. _- - - . State of Texas _ 504—--.._.� (R 501 -- / ��-:-- TR 5D2A "AG" JW Richards TR5[)Z 0 8 0 10 11 --f6 SOUTHLAKE wa: alsc e n t 1A1 1E31 .054 AC T .055 _A.- Blake Architects •Bedford Place I 1901 Central Drive • Suite 372 Bedford, Texas 76021 • 817-685-0356 August 16, 1996 City of Southlake, Texas Case Number: ZA 96-94 Project Name: SITE PLAN—HOLT DENTAL CARE, LOT 1, BLOCK 3, DIAMOND CIRCLE ESTATES The following items provide response/clarification to the Site Plan Review Summary dated 8-15-96: ITEM 1: Bearings shall be noted. ITEM 2: Owners shall be listed where missing. &EM 3: A: Labeled Bufferyards shall be hatched or shaded. B: Please see attached Bufferyard Calculation Chart. ITEM 4: Please see attached Landscape Calculation Chart. ITEM 5: Concrete walk is not required. ITEM 6: A: P & Z agreed new drive approach is needed as shown. B: Throat as shown is 411 deep, meets 381 requirement. ITEM 7: Please see attached Site Data Summary Chart. (Also please note that the majority of these items are listed below the Site Plan title.) ITEM 8: Location and type of lighting and sign are indicated on the plan, exterior auditory does not apply. ITEM 9: Setback shall be corrected. ITEM 10: A trash dumpster is not required and there will not be one. ITEM 11: INFORMATION AVAILABLE IS SHOWN. ITEM 12: The nearest fire hydrant is approximately 3201 to the east of the southeast property corner. OT EM 13: Will confirm with City requirements as to the need of an additional fire hydrant. Member American Institute of Architects .]IT-`; City of Southlake, Texas gust 16, 1996 ge Two ITEM 14: Fire lane location is shown on the plan and is a 24, lane. Curb Radii are shown on F.M. Hwy. 1709. ITEM 15: Drainage and Topo shall be prepared and submitted for approval by a registered Civil Engineer, State of Texas. ITEM 16: There is not any outside storage. ITEM 17: Dimensions shall be added. ITEM 18: Articulation shall be verified with City staff and met. ITEM 19: The existing fence is a total of 81 in height and will be correctly labeled. Sincerely, 0ger L. Blake, A.I.A. cc: James H. Holt, D.D.S. • r� Site Data Summary Existing Zoning: Proposed Zoning: Land Use Designation: Gross Area: Net Area: Number of Proposed Lots: Percentage of Site Coverage (percentage of net area covered by buildings) C-2 C-2 Commercial 449294 S.F. SAME 1 8% Area of Open Space (area unencumbered by buildings or pavement) 22,150 S.F. Percentage Open Space (percentage of net area unencumbered by buildings or pavement) 50% Area of Outside Storage rcentage of Outside Storage art Construction (Est. Month/Year) Finish Construction (Est. Month/Year) Proposed Building Area (Bldg. foot print) Number of Stories Maximum Building Height Proposed Floor Area Floor Area by Use Required Parking Provided Parking - Standard Handicap Total Required Loading Spaces Provided Loading Spaces • 0% 0% Sept/1996 Jan/ 1997 3,608 S.F. One 23' 3,608 S.F. 3,608 S.F. 26 24 2 26 0 0 Medical �- 7 • �J • SUMMARY CHART - BUFFERYARDS Bufferyard Canopy Accent Shrubs Fenco / Scrming Location League Width - Type Trees Trees Height dt Material North - Required 160' 10, - F1 S 10 13 FI Fence Provided • East - Required 277' S' - A 3 6 22 none Provided, 22' oone South - Required 160' 20'-0 6 5 Provided' West - Required 277' 10, - B 6 8 28 none Provided'` "Note any credits used in calculations: a, b C. Other Cvmmenta: l . Where parking is provided between the building setback line and pubUc R.O.W., shrubs obtaining a mature height of three feet (3') or greater must be planted at a m1nimum spacing of thirty incbes (30") on center continuous along all paved edges of the parking or drive areas 2. Canopy tees in the south bufferyard are 3" caliper rather than the 1 ll2" es required by ordinance 3. Accent trees are it 6' minimum height rather than the 4''minimum height as required by ordinance. 4. SUMMARY CHART - INTERIOR LANDSCAPE Required or Provided Landso" Area (Sq, tt) % of area in front or side Canopy Trees Accent Trees Shrubs Ground Cover (Sq. Ft.) Required` 1804 73% 3 6 30 180 Provided •Note any credits used in Calculations: a. Other Comments: 1. City of Southlake, Texas SITE PLAN REVIEW SUMMARY No.: ZA 96-94 Revised Review No: One Date of Review: 8/15/96 Project Name: Site Plan - Holt Dental Care, Lot 1, Block 3, Diamond Circle Estates OWNER/APPLICANT: James H. Holt. DDS 1631 Mockingbird Southlake. Texas 76092 Phone: 817) 488-2240 Fax ARCHITECT: Blake Architects 1901 Central Drive, Suite 372 Bedford, Texas 76021 Phone : (817) 685-0356 Fax 817)685-6084 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/15/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. 1. Label the lot bearings on the property boundary. 2. Provide the adjacent property owner's name, existing zoning, and land use map designation ("L.U.D.= "). Include properties across F.M. 1709. Label all adjoining platted lots with the Lot and Block number and subdivision name. 4 5 1.1 7 The following changes are needed with regard to bufferyards: A. Show and label the width and tag of proposed bufferyard on the graphic. Distinguish the bufferyard areas with dashed lines and cross hatch or shading. B. Provide all required bufferyards. Required bufferyards and plantings are as shown on the attached Bufferyard Calculation Chart. Include the calculation chart on the site plan. Provide all required interior landscape. The required landscape area and plantings are as shown on the attached Interior Landscape Calculation Chart. Include the calculation chart on the site plan. Provide a 6' concrete walk along F.M. 1709 in compliance with the Trail System Master Plan. The following changes are needed with regard to driveways and compliance with the Driveway Ordinance No. 634: A. The minimum driveway centerline spacing between full access driveways along F.M. 1709 is 500'. The proposed driveway is approximately 255' from the existing full access driveway to the east. B. The minimum driveway throat depth required for traffic stacking (measured from the R.O.W.) is 38'. The proposed driveway has a throat depth of approximately 28'. Provide a Site Data Summary Chart with the following information: City of Southlake, Texas Site Data Summary Existing Zoning Proposed Zoning Land Use Designation Gross Area Net Area Number of proposed lots Percentage of site coverage (percentage of net area covered by buildings) Area of Open Space (area unencumbered by buildings or pavement) Percentage Open Space (percentage of net area unencumbered by buildings or pavement) Area of Outside Storage Percentage of Outside Storage Start Construction Est. Month/Year Finish Construction Est. Month/Year Proposed Bldg. Area( Bldg.. foot print) Number of Stories Maximum Bldg. Height Proposed Floor Area Floor Area By Use Required Parking Provided Parking - Standard Handicap Total Required Loading Spaces Provided Loading Spaces Show the location, orientation, type and height of any intended lighting, signs, and exterior auditory. 9. Correct the rear setback line to 40'. 10. Show the location of all trash dumpsters noting the type and height of screening device. Trash dumpsters must be located at the side or rear of the building, must be gated, and screened by an 8' masonry wall constructed of a masonry material similar to the principal structure. 11. Show, label, and dimension easements on and adjacent to the site. 12. Dimension the distance from a property corner to the nearest existing fire hydrant. 13. Show the location of any proposed hydrants. 14. Show, label, and dimension all fire lines. Include all curb radii dimensions adjacent to the fire lane. Fire lanes must meet the requirements of the City Fire Department. 15. Provide a separate plan showing the proposed finished grade of the site, with contour intervals not Iexceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows in all flow lines, and label all existing drainage structures labeled with 7T-10) City of Southlake, Texas size, type and flow line elevation. Also show centerline of water courses and existing drainage easements. Note the benchmark used for the topographical information. This should correspond to a City approved benchmark. 16. Show any areas intended for outside storage and method of screening . 17. Provide wall length and wall offset dimensions for the proposed building on the exterior elevation plans and on the building footprint shown on the site plan. 18. Horizontal and vertical articulation is required on the north, south, east, and west building facades meeting the requirements of Ord. 480, Section 43.9.c.l.c. Compliance with the articulation requirements are as shown in the attached Articulation Evaluation Chart. Please note that scaled dimensions were used in the evaluation. 19. In addition to the F 1 fence required along the north property line of the site a minimum 8' high screening device meeting the requirements of the Zoning Ordinance No. 480, Sections 33.2, 33.3, and 39 must be provided along this property line. Show the location, type, and height of all walls, fences, and screening devices. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Please note that signs must be setback a minimum of 15' from the R.O.W. . The applicant should be aware that prior to issuance of a building permit a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. Although not required by ordinance, staff would appreciate placing "Case No. ZA 96-94" in the lower right corner for ease of reference. The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 8/12/96 if this request is heard at the August 8 Planning & Zoning Commission meeting. All 17 revised submittals must be folded 6" x 9" and an 11 "x 17" revised reduction must be provided. If this request is not heard on August 8 and the meeting is continued, no new submittals will be required. Denotes Informational Comment att: Bufferyard and Interior Landscape Calculation Chart; Articulation Evaluation Chart cc: James H. Holt, DDS Blake Architects AWP-F1LES\REV\96\96-094SP. WPD SUMMARY CHART - BUFFERYARDS Bufferyard Canopy Accent Shrubs Fence / Screening Location Length Width - Type Trees Trees Height & Material North - Required 160' 10'- Fl 5 10 13 F1 Fence Provided* Last - Required 277' 5' - A 3 6 22 none Provided* South - Required 160' 20'-0 6 5 22' none Provided* West - Required 277' 10' - B 6 8 28 none Provided* *Note any credits used in calculations: a. b. C. Other Comments: I. 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. 2. Canopy trees in the south bufferyard are 3" caliper rather than the 1 1/2" as required by ordinance 3. Accent trees are a 6' minimum height rather than the 4' minimum height as required by ordinance. 4. SUMMARY CHART - INTERIOR LANDSCAPE Required or Provided Landscape Area (Sq. ft.) % of area in front or side Canopy Trees Accent Trees Shrubs Ground Cover (Sq. Ft.) Required* 1804 75% 3 6 30 180 Provided *Note any credits used in calculations: a. Other Comments: 1. �- I •• a —a v \7V i7V—V7'I17 I .l 0 Articulation Evaluation No. 1 Case No. ZA 96-94 Date of Evaluation: 8/02/96 Elevations for Holt Dental Care, Lot 1, Block 3, Diamond Circle Estates Received 7/15/96 Mnt' facing: South Wall ht. = 12 H ' or zontal articulation Vertical articulation Max wall len Required Provided Delta Okay? Required Provided Delta Okay? Min. artic. offset 36 29 2 19/o Yes 36 49 36% No Min. artic. length 6 7 20 200% 186% Yes Yes 2 4 100% Yes 9 21 133% Yes R. Side - facing: East Wall ht. = 12 Horizontal articulation Vertical articulation Max. wall length Required Provided Delta Okay? Required Provided Delta Min. artic. offset 36 32 2 21 11% 950% Yes Yes 36 32 11% Min. artic. length 8 6 25% No 2 6 200% 9 27 200% L. Side - facing Max. wall length Min. artic. offset Min. artic. length Rear - facing: Max. wall length Min. artic. offset Min. artic. length 1� u 0 Okay? Yes Yes Yes West Wall ht. = 15 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? 45 53 18% No 45 33 27% Yes 2 29 1350% Yes 2 6 200% Yes I1 6 45% No 8 20 150% Yes North Wall ht. = 12 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? 36 63 2 75% No 36 30 17% Yes 27 1250% Yes 2 5 150% Yes 9 30 233% Yes 8 5 Please note that the overall width of the building is approximately 45' which 38% No is the max. allowed wall length aIF•I-/yyPh. I , - �,w I:i.'t+mL r units— e- r X .. • t'1� 1V • flC1.1 - I -7 h• r- , I zoNIF.G: 9F-1 A,, ILESIb�TIAL . .R. 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[ �I6ne s.r .IL[Ls 6'k wT co�RR�ve . 2a� I S� s.•. os. oI?Id spw� 50•!• a �^r Wr, I .ock -S/ DKMDNb .. +... µbl:Gsr�er. s� untl.�.kr I •�': ; i ; ---- __._._. _ � 8 i yy Jfi n � s i. ' 41 -.j rLATe El C] -suiva4e amp-.� , ' OF V �— C'Ur :s i"nco 1- w1�MMr• Ni� 7V f L}•NLY.H � . MEMO i. c..a�=..ate®�.:_�.�.............H...�.......m aea. ■6i N�� Noonan: :Ci■��r 0 oa om ■ s°� Room .. "SoUTN PL�.\/AjION • L LW r � Narasa� c.wnNs n, O JUL 151996LY wear _ .5 1 ZA Y6 - 9(4 s Vlte�` 0 0 0 - saffa mm ass loonam L11. In I M -FAST EL WnON- -L-EC-T ELE-VATlOri- D MJULI 51966 � City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-91 PROJECT: Ordinance No. 480-210, First Reading Rezoning and Concept Plan - Retail Center STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for a Retail Center, being approximately 1.822 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and being legally described as Lot 5R4 of Parker's Corner Addition, Tract 2A4 of the Jesse G. Allen No. 18 Addition, and approximately 27,892 square feet of abandoned F.M. 1938 (Davis Blvd.) right-of-way. LOCATION: Southwest corner of F.M. 1709 (W. Southlake Blvd.) And F.M. 1938 (Davis Blvd.). OWNER: DKV Partners I and Southlake Joint Venture John R. Drews CURRENT ZONING: "C-2" Local Retail Commercial District (Lot 5R4), "C-3" General Commercial District (Tract 2A4), and abandoned Right -of -Way of F.M. 1938 (Davis Blvd.). REQUESTED ZONING: "C-2"Local Retail Commercial District LAND USE CATEGORY: Mixed Use (may include residential and office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR Retail Commercial (same as in 0-1, C-1, C-2, C-3, and 13-1 districts) RECOMMENDATION: NO. NOTICES SENT: Ten (10) RESPONSES: One (1) written response was received outside of the 200' area: • June and Wayne Haney, 400 Brock, Southlake, TX., undecided, "Traffic crossing 1938 (Davis) from Southlake Market Place to reach Wendy's. Trash in drainage ditch that ends up in the creek and on our property." P & Z ACTION: August 8, 1996; Approved (7-0) to table to the continued August 15, • Planning & Zoning Commission meeting. August 15, 1996; Approved (6-0) subject to Plan Review Letter No. 1 dated August 2, 1996, amended as follows: 1) Amend #5 (Provide a 20' Type `O' Bufferyard along the north property line) changing the required bufferyard to a 10' Type `O' Bufferyard 2) Delete 46 A-F (Required driveway spacing and throat depth along F.M. 1709 and F.M. 1938) 3) Change the driveway intersecting the west line of F.M. 1938 from Lot 5R4R2 to a "right in/right out/ left in" driveway. STAFF COMMENTS: Attached is Staff Review Summary No. 1 dated August 2, 1996. 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Martin "AG" IC Forester 5 ool "C2" Metzer Diaries TH. 2A I 2.64 AC 4 j.G. 4 BA U 0 Go 3 0 C; ADJACENT OWNERS AND ZONING 13 4 'r6 B N112 S1/2 (JTT w.51 IR ,fenus Partners 11 TR IF TR 1 103 1.797--;Acfl*- AC TR 1 C 1 -133 0 is Tff.'l C 4.862 AC City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 96- 1 Review No: One Date of Review: 8/02/96 Project Name: Concept Plan for C-2 Zoning - Retail Center, Lots 5R4R1 and 5R4R2, Parker's Corner, 1.822 acres situated in the Jesse G. Allen Survey, Abstract No 18 APPLICANT: Southlake JV & DKV Partners I. LP 5440 Harvest Hill Road, Suite 150 Dallas. Texas 55230 Phone: 214) 490-3977 Fax : (214) 392-1109 ARCHITECT: T.L. Callaway Architects, Inc. 17738 Preston Road. Suite 125 Dallas, Texas 75252 Phone : 214) 732-6085 Fax : (214) 732-8058 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON /17 5/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. OM0.v�`!�hh:i::.`•.`•::::: n{fi{r :i iS::? :ti:•:v?.::ti \'�Si�:i'•+vx. .fi{,+.•i:•: i:•:i:;r,:.'+i'rCl' .'ii•;�;;�+.^Yj;::;;{{i: ':.'•:i.'•$.'f$:i}ii$Ci?tiv.•i':•r:: $..+Ri'ii::i\' •:+ki .1.4:�•.;Sti,+:4.M:;:rxti: v::{ '.v::Af?,+i'(/f:;})C'y4,iy::;;::,{N4\ i:.v { �:�:F,•}'{. iS"iCi i:•'.C�fii::i$'i.� /. 1. Delete "Site Plan" from the plan title. 2. Show the platted lots across Davis Boulevard. Label the zoning and land use designation (L.U.D.) For properties across Southlake Boulevard and Davis Boulevard. 3. Show all building setback lines. The required setback lines are as follows: Lot 5R4R1 North 50' BL, East 15' BL, South 10' BL, West 15' BL. Lot 5R4R2 North 50' BL, East 50' BL, South 10' BL, West 15' BL. 4. Relocate the proposed structure shown on Lot 5R4R2 behind the 15' west building setback line. 5. Clearly show all bufferyards with dashed lines and crosshatch or shading. Label the t._ypee and width of required bufferyard. Provide the following bufferyards: Lot 5R4R1 North Property Line - 20' .Type O Bufferyard East Property Line - 5' Type A Bufferyard South Property Line - 5' Type A Bufferyard West Property Line - 5' Type A Bufferyard Lot 5R4R2 North Property Line - 20' Type O Bufferyard East Property Line - 15' Type S Bufferyard South Property Line - 5' Type A Bufferyard West Property Line - 5' Type A Bufferyard City of Southlake, Texas The following changes are needed with regard to driveways and compliance with the Driveway Ordinance No. 634: A. Provide the distance to the nearest driveway centerline intersecting the south line of Southlake Boulevard west of the proposed westerly driveway. The minimum spacing required between full access driveway centerlines along Southlake Boulevard is 500'. Limited access driveways (right in/right out only) may be spaced a minimum of 250' from any other driveway centerline. B. Provide the distance to the nearest driveway centerline intersecting the west line of Davis Boulevard south of the proposed southerly driveway. The minimum spacing required between full access driveway centerlines along Davis Boulevard is 500'. Limited access driveways (right in/right out only) may be spaced a minimum of 250' from any other driveway centerline. C. The most easterly driveway intersecting Southlake Boulevard does not meet the minimum centerline spacing requirement of 500' from the intersection of Southlake Boulevard and Davis Boulevard. The spacing provided is approximately 230'. D. The centerline spacing between the full access and limited access driveways intersecting Southlake Boulevard do not meet the minimum spacing requirement of 250'. The spacing provided is approximately 200'. E. The driveway intersecting Davis Boulevard does not meet the minimum centerline spacing requirement of 500' from the intersection of Southlake Boulevard and Davis Boulevard. The spacing provided is approximately 230'. F. The minimum required driveway throat depth for traffic stacking is 50'. The provided throat depth for each driveway is approximately 28'. Although not required by ordinance, staff would appreciate placing "Case No. ZA 96-91" in the lower right corner for ease of reference. Building articulation requirements will not be reviewed at the Concept Plan level. This issue will be addressed upon review of the Site Plans. Please note that all buildings must meet the architectural standards of the Corridor Overlay Zone Regulations as set forth in the Zoning Ordinance 480, Section 43.9.c.1. Although no review of required parking or interior landscape is provided at the Concept Plan level, staff strongly recommends that the lot be evaluated for compliance with the off-street parking requirements per Ord. 480, Section 35, and the interior landscape area requirements per the Landscape Ordinance No. 544 prior to preparation of any site plans. The applicant should be aware that all areas intended for vehicular use must be of an all weather surface material in accordance with the Zoning Ordinance and all fire lanes must be per the City Fire Department. A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709 and F.M. 1938. City of Southlake, Texas The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 8/12/96 if this request is heard at the August 8 Planning & Zoning Commission meeting. All 17 revised submittals must be folded 6" x 9" and an 11 " z 17" revised reduction must be provided. If this request is not heard on August 8 and the meeting is continued, no new submittals will be required. Denotes Informational Comment Southlake JV & DKV Partners I, LP T.L. Callaway Architects, Inc. LA WP-FILES\REV\96\96-091 CP.1 7J�) LOCATION MAP ItV rr„oe l V. LOT SR33 / neaso�i wnm rll.nnao rut MNIMS OR, -ram ao. �a r.�ronra LOT 4 r F.M HIGHWAYIM9-SOUTHLMMBLVD. e0a/ D. r. .r. 1 12- al. wro �IGr— A t Y. / ua 1A H lAw. Ww Vs[ 4`/ A-1 F—I I= Q �r a � b : / a: 1 m ■ z � 1 are ..wars v' sarar. / w.o eu 0 soarKia orossrr �ai<anc errs m rY1rCIW lYIJY YYYW4.lr.-..... I.0 b M r.awr oosar, no v rrlw.w, riorfa r rrLaa« ♦ WC<1[ dlWr soar r rK orrfrpr O rrl1V.1101 �w IOa, wre[ ri0.,->-rlrrrD M �[{l w>hrY ..n iwrrK oo.a .�wr�c. m nc era.: vn�.rc ricrac ra oo�,. ms�wo ,K iwn�K.sr wca a . �u .a[ rvc«r or Hers ro.c .. wr n wlKwi �®s w�r a�rvlriawar •• e oma1K, r roam r c.s.n � aa�n...w icoepori,,rwn wan. rrsa s.r wr r. r.c •ralnr a rK'rorrm era. � n..�u.r� nun a uo ro nma�a rK ronurs r sooam « � »r4,.�3 W. om loou%.,lwrwrt Caurtr. raw. ro .r IKI > lM rfO�� r ro 1K r.rrwf wu.T. r[w. a rlaeu r Y11arr rroi r.1oC .Y NID IfCRi, fr4M1 wan. rfY[ 11W/ � wr •Ca1 s l.Ye wwm r M av[ Gaaa 9wK,, � .r I�rMM warrT. R]'6 raG . IOVMC NtrtM a VK r[osa r a® ro foNr/K YMf �1etOrr r rrurr rorf.rr< rW > rK ®NnM a! wart. rO/l ro aro 04 . NflloY P .r..Ob[a Ix rYrr ter OM rar4[Y.rN u W root R r]ffY.�Y1 "Mi S.W.G Davis Blvd. (F.M. 1938) & SouNake Blvd (F.M. 1709) Soutblaloer Texas ED suss v For G2 Zwm wbulat1o06 ter are - .era rrrs - or.wwrr rota e: v. m ru rru,.rer rK. - aussr w ssx r_ • .r�asw. v� .art r rota - wa.ay v.. uu !c um, trot rlurw rfr..«rKl rarer n o • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-210 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 APPROXIMATELY 1.822 ACRES`SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, BEING LOT_5R4 OF PARKER'S CORNER ADDITION, TRACT 2A4 OF THE JESSE G. ALLEN NO. 18 ADDITION, AND APPROXIMATELY 27,892 SQUARE FEET OF ABANDONED F.M. 1938 RIGHT-OF-WAY, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT, "C-2" LOCAL RETAIL COMMERCIAL DISTRICT; AND ABANDONED RIGHT-OF-WAY TO "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; • DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-3" General •Commercial District, "C-2" Local Retail Commercial District, and abandoned right-of-way under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person L:\CTYDOCS\ORD\CASES\480-210.C-2 Page 1 /u- 9 • 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 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 L:\CTYDOCS\ORD\CASES\480-210.C-2 Page 2 .7 S w • 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 approximately OM acres land situated in the Jesse � �411enSurvey Abstract N0b;`rbeuigLo5R4frkera�ornerAdditxc A4£ctheJesse�C"Alri N��18�1litian,�andpp�"o�umatel�2�,$�2�sc�uar�f ,c��.bandonedl~M��1��8 riglit-�f utay, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from " fit' GeneralommercialDistrict, "C=2" Local RelailCommercial `Dstnctandbandodi"ghtfa to "G2" Local Retail Di$tri t as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affinned. • 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, 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 L:\CTYDOCS\ORD\CASES\480-210.C-2 _ Page 3 7�— I 1 • 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 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 , 1996. • MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L:\CTYDOCS\ORD\CASES\480-210.C-2 Page 4 -71 ')D-- • APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: •EFFECTIVE: • ATTEST: CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-210.C-2 Page 5 EXHIBIT "A" • BEING 1.822 ACRES OF LAND LOCATED IN THE JESSIE G. ALLEN SURVEY, BEING ALL THAT CERTAIN ABSTRACT No. 16. TARRANT COUNTY, TEXAS, AN ADDITION TRACT OF LAND DESCRIBED AS LOT 5R4, PARKER'S CORNER, TO THE CITY OF SOUTHLAKE. ACCORDING TO THE PLAT RECORDED IN CABINET 'A', SLIDE 185E OF THE PLAT RECORDS OF TARRANT COUNTY, OF THAT CERTAIN 1.461 ACRE TRACT OF LAND TEXAS BEING A PORTION DESCRIBED IN DEED TO DKV PARTNERS I, RECORDED IN VOLUME 11661, PAGE 179E AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO SOUTHLAKE JOINT VENTURE, RECORDED IN TEAS. 7675, PAGE 11:53 OF THE DEED RECORDS OF TARRANT COUNTY. AND ALSO BEING A PORTION OF ABANDONED F. M. HIGHWAY No. 193E PARTICULARLYEDESCRIBED2BYFMETESIAND DE RBOUNDS As FOLLOWS, IGHT—OF—WAY) AND BEING MORE BEGINNING AT A 5/8 INCH IRON ROO FOUND FOR THE COMMON PROPERTY CORNER OF THE MOST NORTHERLY CORNER OF LOT 5133, SAID PARKER'S CORNER ADDITION AND THE MOST WESTERLY CORNER OF SAID LOT 5R4, 1709G (IN THE SOUTHLAKEDBOULEVARD. A 130 FOOT WI DERIGHT-OF-WAY), WAY No . THENCE ALONG THE SAID SOUTHEAST RIGHT-OF-WAY LINE OF SOUTHLAKE BOULEVARD AS FOLLOWS, N 51'26'34'E. 348.28 FEET TO A TEXAS HIGHWAY DEPARTMENT MONUMENT FOUND, S 64.04'04'E, 76.40 FEET TO A P.K. NAIL SET IN A BROKEN TEXAS HIGHWAY DEPARTMENT MONUMENT IN THE WEST RIGHT-OF- WAY LINE OF F.M. HIGHWAY No. 1938 (DAVIS BOULEVARD, A VARIABLE WIDTH RIGHT-OF-WAY), • THENCE ALONG THE SAID WEST RIGHT-OF-WAY LINE OF DAVIS BOULEVARD AS FOLLOWS, S 00'15'29'E, 61.77 FEET TO A TEXAS STATE HIGHWAY DEPARTMENT MONUMENT FOUND, N 05.24'57'W, 100.31 FEET TO A P.K. NAIL SET IN BROKEN TEXAS STATE HIGHWAY DEPARTMENT MONUMENT, S 00.16'02'E, 99.67 FEET TO A 1/2 INCH IRON ROD SET, S 05'55'36'E. 64.46 FEET TO TEXAS STATE HIGHWAY DEPARTMENT MONUMENT FOUND IN THE SOUTH BOUNDARY LINE OF AFORESAID SOUTHLAKE JOINT VENTURE TRACT BEING THE NORTH BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO OTTIS F. 82675 PAGE a1572SOFCTHE DDEE ING TRECORDSO HE EOF TARRED ANTCOUNTY.VOLUME IN COUNTY. TEXAS, THENCE S 69.56'09'W. 83.74 FEET.ALONG THE COMMON BOUNDARY LINE BETWEEN SAID SOUTHLAKE JOINT VENTURE TRACT TO A 1/2 INCH IRON ROD SET IN THE AFORESAID EAST RIGHT-OF-WAY OF ABANDONED DAVIS BOULEVARD, THENCE N 11.54'42'W, 67.28 FEET ALONG THE SAID EAST RIGHT -OF- WAY LINE OF ABANDONED DAVIS BOULEVARD TO A 1/2 INCH IRON ROD SET IN THE NORTHWEST LINE OF AN 80 FOOT WIDE DRAINAGE EASEMENT RECORDED IN VOLUME 9614. PAGE 1733 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, THENCE S 51.26'34'W, 141.24 FEET TO A 5/8 INCH IRON ROD FOUND • FOR THE COMMON PROPERTY LINE CORNER OF THE MOST EASTERLY CORNER OF SAID LOT 5R3 AND THE MOST SOUTHERLY CORNER OF SAID LOT 5114, THENCE N 38.33'26'W, 210.03 FEET ALONG SAID COMMON PROPERTY LINE CONTAININOGT5113 1.822A CCRESST5R4 TO THE (79,380 SQUAREACE FEET) BEGINNING, OF LAND. L:\CTYDOCS\ORD\CASES\480-210.C-2 ��—) Page 6 City of Southlake, Texas CASE NO: ZA 6-88 STAFF CONTACT: STAFF REPORT August 16, 1996 PROJECT: Site Plan - Parker's Corner Addition Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Site Plan for property described as being approximately .7232 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and being legally described as Lot 5R4 of Parker's Corner Addition, a portion of Tract 2A4, Tract 2A4 of the Jesse G. Allen No. 18 Addition, and approximately 27.892 square feet of abandoned F.M. 1938 (Davis Blvd.). LOCATION: South side of corner of F.M. 1709, 375' west of F.M. 1709 and F.M. 1938. OWNER: Southlake Joint Venture APPLICANT: Wendy's International CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs) CORRIDOR Retail Commercial (same as 0-1, C-1, C-2, C-3, and B-1 districts) RECOMMENDATION: NO. NOTICES SENT: Six (6) RESPONSES: One (1) written response was received outside of the 200' notification area: • June and Wayne Haney, 400 Brock Southlake, TX, undecided, "Traffic crossing Davis from Southlake Market Place to reach Wendy's. More trash in drainage ditch that ends up in the creek and then onto our property." P & Z ACTION: August 8, 1996; Approved (7-0) to table to the continued August 15, 1996 Planning & Zoning Commission meeting. iAugust 15, 1996; Approved (6-0) subject to Plan Review Letter No. 1 dated August 2, 1996, amended as follows: 1) Amend #2A (Provide a 20' Type `O' Bufferyard along the north property line) changing the required bufferyard to a 10' Type `O' Bufferyard. 2) Double the plantings required for the 5' Type `A' Bufferyard along the south property line. 3) Delete #3 (Widen the 4' walk along F.M. 1709 to a 6' walk in conformance with the Trail Master Plan) 4) Delete #413, AC, 44D, #4E (Required driveway spacing and throat depth along F.M. 1709) 5) Delete #I2(Provide required building articulation) approved as shown. STAFF COMMENTS: Attached is Staff Review Summary No. 1 dated August 2, 1996. L:\WP-FILES\MEMOk96CASES\96-088SP.WPD 1� u • 6A i rine� i 1 I I i i J. WALKER i y !• SUT Y A-1604 i 6A1 I i i 1AIA1 0_.��•�. i �.� • _._.1 _.T. _�_.1".l._.�. _. 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Martin ♦ 1f I 1 ♦ 'C�Z'yA l 50� TR OU TR 2A4A t 88 c 1 _n 1 /]kl ar 5 i� 4�L : �G 4 sv cf) CD C w L CD < o m x w 3R2 �1.692 222 ® 1 m 2.560 1R ss, TR ' 4 3A IA TR 2A1 "�� 6 I 9 3.63 AG C2 l ® .46 45 l ® Metzer Diaries t TT: 2A5A TH.Z:AI l 2.64 AC l TR 2A5, TR 2A56:h i l 2A8 234 \ TR 2A AC 4 O AC , 2A s .49 R .Cj. ALL v i t I° TR 2A l:dAC q 5 U R 1 1� 1.236 AC AR TR TR - - .n ---- Pl ,g ,F _ � -� 1 E 11?6 TR .103 1.797.•;'AC; A .31 419 1� �5 3 ' ADJACENT OWN AND OWNERS I? ` J ,TR 1C1�Q' ZONING � 138 0 Spin Representative #15 ( � 1 Wayne and June Haney I 4.862AC City of Southlake, Texas SITE PLAN REVIEW SUMMARY No.: ZA 96-88 Review No: One Date of Review: 8/02/96 Project Name: Site Plan - Wendy's. Lot 5R4R1 Parker's Corner, 0.7232 acres situated in the Jesse G. Allen Suryev Abstract No 18 OWNER: South:iake JV & DKV Partners I. LP 5440 Harvest Hill RoadSuite 150 Dallas. Texas 55230 Phone: 214) 490-3977 Fax :(214)392-1109 ENGINEER: JBM Engineers & Planners 500 W. Seventh St., Suite 600 Fort Worth. Texas 76102 Phone: 817) 339-8950 Fax : (817) 336-2247 Attn: Barry Hudson CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/1 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.CITY S:J:{'dL.iC:Y�`:C:::C��::C{iSn?c,t".:�54`ik::i::i:•: i44C.4iOYti.'.4:::'$:. K'K.C•.!f/.v$%`rn'f Gi ntaii$:-0xARR±:�i^ w`�.if4nC.ti`v.�.*��.ff+#i.�::i0.'i£QG$:.kYv%:."�..'.^•.2'{I,.y.•i.`+..'•:v'<�".`•:L.'•3.`f�'•.5:�:�n"'A�.�:!r,Ci�i��:i{2i?f 1. 2. 3. Label the owner and existing zoning for the property across Southlake Boulevard. Label the zoning and land use designation (L.U.D.) for the properties to the south. The following changes are needed with regard to bufferyards: A. Provide a 20' Type O Bufferyard along the north property line adjacent to Southlake Boulevard with the required plantings. Please note that where parking is located between the setback line and the R.O.W. shrubs reaching a mature height of 3' or greater must be planted at 30" on center continuous along all paved edges of the parking or drive areas. B. Provide a 5' Type A Bufferyard along the west line adjacent to Lot 5R3 with the required plantings. The required plantings are 2 Canopy Trees, 4 Accent Trees and 17 Shrubs. Please note that the 10' Type B Bufferyard shown to be located along the west line of Lot 5R3 is the required bufferyard for that site. C. Remove the parking areas from the north and west bufferyards. Parking areas cannot be located within the bufferyards. Widen the 4' walk shown along Southlake Boulevard to 6' in conformance with the Trail System Master Plan. City of Southlake, Texas 4. The following changes are needed with regard to driveways and compliance with the Driveway ► Ordinance No. 634: A. Provide driveways in conformance with the approved Concept Plan for this site. B. Provide the distance to the nearest driveway centerline intersecting the south line of Southlake Boulevard west of the proposed westerly driveway. The minimum spacing required between full access driveway centerlines along Southlake Boulevard is 500'. Limited access driveways (right in/right out only) may be spaced a minimum of 250' from any other driveway centerline. C. The most easterly driveway intersecting Southlake Boulevard does not meet the minimum centerline spacing requirement of 500' from the intersection of Southlake Boulevard and Davis Boulevard. The spacing provided is approximately 230'. D. The centerline spacing between the two full access driveways intersecting Southlake Boulevard (easterly driveway shown as right in/right out only on the Concept Plan) do not meet the minimum spacing requirement of 500'. The spacing provided is approximately 165'. E. Based on the fully developed site, the minimum required driveway throat depth for traffic stacking is 50'. The provided throat depth for each driveway is approximately 28'. 5. The following corrections are needed with regard to the Site Data Summary Chart: A. The percentage of site coverage should reflect the percentage of the gross lot area covered by the building area. The area and percentage of open space should reflect the area unencumbered by buildings and pavements. B. The building floor area does not appear to match the floor area depicted on the graphic. Correct any other data affected by this correction. C. Provide the maximum seating capacity of the restaurant. 6. Show the location, orientation, type and height of any intended lighting 7. Show, label, and dimension easements on or adjacent to the site. 8. Include all curb radii dimensions adjacent to the fire lane. All fire lanes must meet the requirements of the City Fire Department. 9. On a separate sheet, show the proposed finished grade of the site, with contour intervals not exceeding two (2) feet. Include directional flow arrows in all flow lines, and label all existing drainage structures labeled with size, type and flow line elevation. Also show centerline of water courses and existing drainage easements. Identify the areas in the rear of the building shown with a `X' . City of Southlake, Texas 11. Provide adequate wall length and wall offset dimensions for the proposed building on the exterior k elevation plan and on the building footprint shown on the site plan. 12. Horizontal and vertical articulation is required on the north, south, east, and west building facades meeting the requirements of Ord. 480, Section 43.9.c.l.c. Compliance with the articulation requirements are as shown in the attached Articulation Evaluation Chart. Please note that scaled dimensions were used in the evaluation. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. A permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. Although not required by ordinance, staff would appreciate placing "Case No. ZA 96-88" in the lower right corner for ease of reference. The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 8/12/96 if this request is heard at the August 8 Planning & Zoning Commission meeting. All 17 revised submittals must be folded 6" x 9" and an 11 " x 17" revised reduction must be provided. If this request is not heard on August 8 and the meeting is continued, no new submittals will be required. * Denotes Informational Comment att: Articulation Evaluation Chart cc: Southlake JV & DKV Partners I, LP JBM Engineers & Planners Wendy's International, Inc., 4545 Fuller Drive Suite 404, Irving, TX. 75038 1 Ph. (214) 791-0070, Fax (214) 541-0179 Attn: Tim West LAW P-F1LES\REV\96\96-088SP.1 -7 K- -7 Articulation Evaluation No. 1 Case No. ZA 96-88 Date of Evaluation: 8/02/96 Elevations for Wendy's, Lot 5R4R1 Parkees Comer Received 7/15/96 - facing: North Wall ht. = 15 49t Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 45 38 16% Yes 45 42 7% Yes Min. artic. offset 2 18 800% Yes 2 3 50% Yes Min. artic. length 10 3 70a/a No 11 3 73% No Please note that the overall width of the building is approximately 45' which is the max. allowed wall length R. Side - facing: West Wall hL = 15 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 45 36 20% Yes 45 79 76% No Min. artic. offset 2 3 50% Yes 2 0 100% No Min. artic. length 9 21 133% Yes 11 0 100% No L. Side - facing East Wall ht. = 15 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 45 27 40% Yes 45 79 76% No Min. artic. offset 2 2 0% Yes 2 0 100% No Min. artic. length 7 8 14% Yes 20 0 100% No Rear - facing: South Wall ht = 15 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 45 38 16% Yes 45 42 7% Yes Min. artic. offset 2 4 100% Yes 2 3 50% Yes Min. artic. length 10 3 70% No 11 3 73% No Please note that the overall width of the building is approximately 45' which is the max. allowed wall length �J -7 K-F LOT 504 J W- SOUTHLAKE BLVD. (F.M. 1709) 130' RIGHT -OF -RAY SITE DATA SUMMARY CHART PROPOSED BLOC. PARKING REOUINED REOIAREO BLOC AREA RATIO PARKING LOADING WNW$ 2,992 S.F. I P.S./100 S.F. 29.9 ►.& 0 FRONDED PARKWC PROVIDED LOADING STANDARD " SPACES HANDICAP 2 SPACES LOADING D SPACES TOTAL 41 SPACES TOTAL LOT AREA 0.7232 ACRES . 31.WI S.F. NUMBER G STORIES I SIMY BUILDING I5'-4' MAX HEK>IT NO OUTSIDE STORAGE IS PROPOSED (OX). 9K COVERAGE M.912 S.F. - 93K OPEN SPACE: 4,591 S.F.. 1!K rw OIAIMY as 7- MG t7Qr916 ffC HANAYI / _ jj_-fir fRfllws - - •v-----------12'N-----------IrN-----+9" Tl-- - I:,r----- VICINITY MAP fawA ♦ _ • NmF.. MOL.NA ---- / dfrwa 1d 9ur1aYAN9 r W 9IIrOrrM9 Y y W MTun REQUIRED BUFFERYARDS h INTERIOR LANDSCAPE / I r.M `.` 12 S, / NOTES: \ ISWFERYARO CANOPY' ACCENT' NOTES: nlvofce ev.,S--G-S inuL t>Aa mwwfi No]!! -TYPE TREES TREES SHRUBS II i wo MIE I —ON ae rao Mlf--+vafm m L AaiwAlAfr — / 1 90(RNL a vAnuMraT--tOw9wL11P1 ro for l0 ro urt 199L \ NOTT - 150' (Ofnw Id MOR ;9vI1TR1'Awf1 Lot N3)t i// a RAs smiAnn (9 Alf pp wrc ro c fGQ o o Au rww asIXAKII W, I01r! s 1 R j� n16AtI[ 1 / M r YAf9xAR+ fdRMw9 9k19 fKIIM ro 1K MAON9 OI IIwQ Fpf�' wrDMEEG W-E > 2 it ' / fllaua/cRIOs 1 B MNO \ / ADLLa OwT. i w i/Edm / s. Q MMr;EeTwAMi [1[MVAtgNq MilpawnA Ee�n ra SAwLwD \ EAST - 210' ' I rACADE; ODDa.An Nq AOPTDNK ww➢w0 awdlONi Rpw Ee r-A LI a wwxAnd INwrcr n As afi \ wlDxDm R•-A ; > rD9TH n Gn v soutNAxE aNwAxlsA >. NrEL RG+Aa I1AIL t0►L• w1N on v 9DIrnaAl¢ aDR IARwAxIu SOU7M - 1>0 • CIf1M0 tKv w RR TAu K KA1aAm RA vlwTo RAN. \ KgllO r-A l '> DI EN INESIR, THE Offl ax SII•DKNA NNE+ME NOT NEPNObIRO a 11rf \ rNOKEO r-A saN r lna9 / r tw ` / —11 auE ro HAMxe IEa MAN A 1r vAIEA REST - 21Cr r AAKr I / A soi nEYAnas AK wnAr1AN• Arw RwKn ro rwK CNNKD1wc vRlx KIulE9 f•-A .9 2 1t riroAwtD Exfr9w 1d rKra+Alw a AaMGN1 191 fNa Y ' PROPOSED C-2 'ia AAYMC e I a vARwwc v >d OAe INLET PARgND 1GT LANDSCAPE 09 W. 1 41 Prwa.S WAaq d LOCAL RETAIL ZONING / wsaC v r.M. 1>a •Sod-/• N[Sr v AKA KI9A9m 1. - I p,w• ZONED C-2 Q • I ON ABANDONED R.O.W. / Dnws vAa fa maxi v rwafED 1R.1 AMA w1DAcm SSS L. Iw01UDm w wrtm tAroSLVC —A-) GROUND - I 91wI 9.AA Uw[ t THE Or i[AINARL .A! LO F 4.y.—sCAL RETAIL a nw1, rG aa1 NIL d caaR1>.9 Rr. z9 1 9 :. COVER aAur. LOT 5R3_ DISK rW11AAItE AN /-IWRU DDtIOKR r4ww / T —TUNE / AKA I—IDED Im V. E� FI RESTAURANT u j / A0L ma R 91f / nlLz , 'l—I MARwA9 KpRRD 1AAMdUS ARE M 1. (AS MT o x I LU.M MILD USE V V R . Mye ARK AAwnN GNKR I }, / LOT SR4,R2 LEGEND W A uE 1W ZONED G-2 +c PALLr. r RAIw S' • / LU D Y)KO USE l' ENTRANCE / cTDT TO wlILaNe --— —I---- ------ M nY11110 13 YlllT EAl1fNT ' DAIAME EASEMENT La49 — MANADC I., INK STAR (I 1[lA! Ry wt n 2w ' Lr. LOT SRt / PAAKR, mp,EA w.�uE1w A t.Lt. --———————— — — — — —� B w�NGN D.- Aa n 1Dm O.N. {.L I. r wow I / ►ARKNG LOT / N7ER1011 LANDSCAPE r NAr KF•--fir ra // ` t� O HIKE TO E.— (ON SITE A AOUCENT LOT) — — — — — — — — — — — — — — — r. PIKE S 1K REVILED (ONTIO SITE) 4 a�LMIOPOSED 9't1T ELEVATION ' ' �. vEwGlnt PAEw� LOT SR4,R1 Aa�O°R"1O'rfat , ioea Ac¢a CrT. / A DETAILED SITE PLAN >•' t21W W OF - 1996 LOT 5R4,R1 JUL 15 KTM Iw ARKER'S CORNER Aw A • ; N5126�34'E�- ,SD.DD.--T---; - - - - - - - - ADDITION 9G- 88 C NINAAIAR [AIRx / E','„aw r/ / BEING A 0.7232 ACRE COMMERCIAL DEVELOPMENT 0.24> AOK nM1. t1K nAR° a us IN THE NGTNE CITY OF SOUTHLAKE LLEN SURVEY. CT /t8 � ttaK w A aarA y TARRANT COUNTY, TEXAS / AIL, 12, the p / a1M A�aE 9RAwNz OIL ' TT' / M SNR V rtw NX,ww 9KNft mDI J DJ M wI. 0.L�sw ra Gr, 1>At / •• �� 1 ' ./ f1AR tNAMn rql AwW �' DN+AA n >af,To-lw aJp W 4f j- . / RIIDYf wR9FA9dA. AK NATIONS BANK BUILDING — — — — — — — — Aw1E wa owAc 50G NEST SENEKIM STGI., SUITE SOD Orry r. musn — — — — — �RNr4 n >sa19 IWT NTH. TEXAS M02 A / — — — — T'a' uiif. rc nn / r.-m' mwaNNc NANAaA nsc. nr_ �w fAR 1•hM1-wn .......00....iIIt:Y:): n City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 6- 2 PROJECT: Plat Revision - Parker's Corner STAFF CONTACT: Tom Elgin, Planner II 481-5581, ext. 753 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for Lots 5R4-R1 and 5R4-R2, Parker's Corner Addition, being approximately 1.822 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and being a revision of Lot 5R4 of Parker's Corner Addition, Tract 2A4 of the J.G. Allen Survey, Abstract No. 18, and approximately 27,892 square feet of the abandoned F.M.1938 (Davis Blvd.) right-of-way. LOCATION: Southwest corner of F.M. 1709 (W. Southlake Blvd.) and F.M. 1938 (Davis Blvd.). OWNERS: DKV Partners I and Southlake Joint Venture APPLICANT: John R. Drews CURRENT ZONING: "C-2" Local Retail Commercial District (Lot 5R4), "C-3" General Commercial District (Tract 2A4), and abandoned right-of-way of F.M. 1938 (Davis Blvd.) REQUESTED ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use (may include residential and office buildings, hotels, and commercial and retail centers that serve local and regional needs) 100 Year Flood Plain CORRIDOR Retail Commercial (same as in 0-1, C-1, C-2, C-3, and B-1 districts) RECOMMENDATION: NO. NOTICES SENT: Ten (10) RESPONSES: No written responses received. IL-1 P & Z ACTION: August 8, 1996; Approved (7-0) to table to the continued August 15, Planning & Zoning Commission meeting. • August 15, 1996; Approved (6-0) subject to Plan Review Letter No. 1 dated August 2, 1996, amended as follows: 1) Delete #8 (Required note regarding subdivision of land by metes and bounds) 2) Amend #9 deleting "Lot 5R4R2" from the comment. STAFF COMMENTS: Attached is Staff Review Summary No. 2 dated August 16, 1996. L:\WP-FILES\MEMO\96CASES\96-092PR-WPD �I I 0 3W Flu F Yr 13 --------------- ------- 0] --- --3112 -- 3cl _9,61 ki ' . I. )lE 2FI -3f6 �NIL 3JI 3C 30 A 311 90 60 k Y2 YIG 3HI 102 2G T -- 103 ID 3c f i Ulu 4H 7 70 7A 6 6D 8A28 6 2 4AI Jo"H J. 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TH 13 J. HIM, TRACT MAP SZRWY A- 1 1 15 1 1 f195 SUBDIVISIONS, R-0 F. ADJUSTMENTS - - - - - - - - - - - - 1A .0681 Q 2 2 0 "AG" C Forester Y "C3" I P-5P J• Martin ♦� ��� ♦ 1 ♦ � _ ' s 5° Taco Bell UT F s Sf TR 2A4A 22� / . s 1.01 �c 07 iR CD s � Venus Partners II CD x ) ��^ t TT rTR O 12A / 3A I1A O. Collins ZAi AC Sr: J „C2" 0 0 .46 r45 TR Metzer Diaries 1� 2A5' 10A 2 `64 AC ---- 1 TR 2A51 TR 2A5B�; „ s 2A8 234 J TR 2A I AC e N 1 /2 \ .50AC TR 49 R Tf2hT1A5 �. ALL �(� I ° TR 2A S1/2 4 J• • SURY `lz::� I 1.236 ACTR 8n A -- --— — TR 11' P1 � NEB ; 6 TR 103 1J97-"AC• 's I E AC ADJACENT 'OWNERS TR AND ZONING g Spin Representative #15 1 ' TR:'lc 68 Wayne and June Haney I I 4.862 AC � I , WE 1 CJ2 City of Southlake, Texas PLAT REVIEW SUMMARY Case No: ZA 96-92 Review No: Two Date of Review: 8/16/96 Project Name: Plat Revision - Lots 5R4-RI and 5R4-R2, Parker's Corner Addition, being a revision of Lot 5R4, Cabinet A, Slide 1858, and incorporating a portion of a tract land described in deed to DKV Partners I in Volume 11661, Page 1798, DRTCT and a portion of a tract of land described in deed to Southlake Joint Venture in Volume 7675, Page 1133, DRTCT, and being a portion of abandoned F.M. 1938 ROW, 1.822 acres in total. APPLICANT: SURVEYOR: DKV Partners I Wier & Associates. Inc. 5440 Harvest Hill Road #150 4300 Beltway Place, Suite 130 Dallas, Texas 75230-1605 Arlington. Texas 76018 Phone: 214) 490-3977 Phone : (817) 467-7700 Fax 214)392-1109 Fax :(817)465-7482 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/12/96 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) 481-5581, EXT. 787. �.i:•:ti::::$$$$:<�$$:i::;ii': {: m'?:•ir n::?+' Y.:•'1..;••:•:'y ••\{•:^:'•.4\{4:•ivyn};••: .ik+�•':F??C4:$':'::::::::.iiii••i••ip::•:{•i '.♦.{K{+t.•Y::+^iiiii:•:r•i:?{.}•: ;; f.{Hfi*:n:.i' :{ i'fi'{{{f: {.•.ti•:{{i. L : ?+{•Y•%{pv..e ...................:;:•:.^•..{ n........w:::....r...........b......:..h`i.......•.\......x..v.?...........n.....:%..C'.....n...:.SvRR..n....nn......•"i+•.'� v$. r...v......vM.,+A%•Y..'•r 1. Provide 50' setback line parallel to the eastbound F.M. 1709 to southbound F.M. 1938 right -turn lane. 2. Continue the common access easement across the rear of Lot 5R4-R1 through Lot 5R4-R2 to F.M. 1938, Davis Boulevard. 3. Provide minimum finish floor elevations for Lots 5R4-R1 & 5R4-R2. `1-5 City of Southlake, Texas * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Please be aware that a minimum 500' between full access driveways is required and right in/right out driveways must be spaced a minimum of 250' from any other driveway. * The Developer's Agreement for this addition should consider park dedication requirements. * A statement from each taxing authority must be presented to the City showing that all taxes due have been paid prior to filing this plat in the County records. * Original signatures and seals will be required on three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I I" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment cc: Southlake Joint Venture Wier & Associates, Inc. AWP-FILES\REV\96\96-092PR.2 �.•.w' .,.,.....,, ...MRDwi:wMw«., . .+.YwwIJ....auo::wx,..,Lui�::wliWii�I:Yill&.... .. oAtYq CDITIFIUrt. 1105. T1E1pDAE. IDDS AL AIM aY MK IAESENTS, A Yfm Yx TIE COUNTY IS, TMDNRS MOUW MIS'WOEIIf.—I MIS —1 �]xORII[D —T. YDDE) AND ,.aTIE TK AAI• NIT— ADOT TINS W.TKfIOUTIM6MIEKINAAOK KIORIAID TAEKAS. OKv IYIIMCAf I, L.I. —1. aY AND MWOI M — .1 AS I— SA.111 AND LOT Y.-SS. --1 CWE11, AN .T To wSAlrl vENI AC AND DO ARAM aY AND TMIOIINl MT NDE .ANID, Ili JpLY — ADDI-�MDI—ell M MIIITO uE CITY D' T G'� w YNE IEIRS tIKIM'TIEAEd WTIg113ED ADpIT, AND TAMAIT U1Mtt WNA , AK M SDLE OtTEAS AND DO PUTTIES MRTIFY —1 THIS WAT DOES NOT WTEA OR AEIDYE OF A nA�T O LAD SITYTED IN M JESSSE D. ALLEN ZZU MST— KED RESnICTIOY ON dwuNn, IT ANY, d T11t ASITRACT A. UAAN ODUNTY. nW. NAME 1ARTICLLAWY INOKITY. KSQIKD AS IOLLOY. SITIEfi W NASD AT DALLAS. TAMAST —TY. TEXAS .14 KINA I.KC ACKS O LAD LOCATED IN M JC K A. WLLM SLMVEY. ASfTRKT w. 1A, U.. OOMY, rtxAS. KIK ALL TYT MATAIN I M—SED AS LOT�I IAs AIN TL,fAY O JKY, I— TO M Cl O 6yTIlA1�a YNE ft., SE—DAecTI . Id DRV IASMIIS I. L.I. ..1A1 p I —I KDTEXAS KI�K•MIDIlCRTTO DAY ASTKI I KCODED III VOLIXEO ...LAN FIIC5IKMT. MESA KWTY ORGII I INAM ]% AND KIND A IORTIOR OF — CDITAIN 1A•CT pi LAD K..I KO IN DfED TO tOUMAIE JOINT YENi1AE. KCOROED 1 —,AE OLI�UL IMMAI I U'S. AM Y v M DEED KOOKY IS, AAAAST CGATY. rtXAS. ALSO KIND A PORTION O ASADDm I. , x1= AN, s31 FOR SWMAO JOINT YpllllE—_____________. �TIANAOIY IAND YvIt AOUEVAIID. A ISO FORT TIM N—Ttl-YY1 AND KIND OXE IMTIO.LASLY ""IKi DY StM$ AND — AS 1410at. I-N A. DKA PIESI KIT. JDA w —ANY VLMIIIA@I P 'ING AWE•-1 DF N011—Y 0o16Q DI LOT W SC�11".-$ I CORKS ADOITId AND M MKT K1MAK. COIIOI Q+ YID LOT YI, STATE O TEW. W TY OF TAINANT ILYI W N M SWTfEAST ■IQKT-0 -YY LINE OF I. S. MIdSAY w. A TNIf �• 1OR IYIIMIAIZ aOMEVAD. A ISO IOOT SIDE aIPIT-O-YYI. I MM r, M ODEASIDED W—I 7- YY KASOULLr AIICMCD JIS A. DKSS, TO I[ TO K M 1 MIAM WOY M SAID tOVMYT RIYTO-YY LINE O tOVMAIO I AO•EVAAD K IOLLOK• . — KR1OI .T. A N— S tuStOR As TOM AaOVE ANY IDEOOI MO ASTAUEMT, AND ADINOILDE" 70 K TUT K AND IN M WE NOR M I06[t IIIO fp61D[YTId [OII[1Ko ANDINM CYKItt - I qI 61•H'Y•C. w.a MT TO • TEXAs MIMAY DEIASTNENT . 1. noEIN fT1TED. DIY[M ODEI1 VY MAD AND St. DT OI/IM ON Mlt M YY O Y•W'M•E. n.. FEET TO A P.R. YIL SET IM A MORJI TEXAS xI— WASYKST YOYOIT IN M SEAT SIMT-O- —Y. Ipf. o { 1 YY LIK O I.S. xI— w. ffA IYVIS ADAEVARD, A INAUSLE RIDTI RIDITp-YYI, I I THENM ALdO M YID E/T LINE O YVI. 6W,EVARD gTASY 11ALIC D, M STATE O TEXAS AS FOLLOS6. 001SIIY1d COIKf.___ - S 00-13-29-E. C." FEET TO A TEAS' t1ATE xIGAAY I DOMINDR 1LplT IIOfI FbIID. WIIVCYOR •S MIITIFITUTIOR. $ 06•Y'67't. 100.31 FEET TO A P.K. YIL SET IN BROKEN TINS It A D@TIIv lYT JOM P. @. • REOItTEAfD TEX.t STATE MI OISAY OOASTNENT aOAApIT, Eb.�E M�IVIt1M Fsww W KTWL sl 1 d {1EYVOINO ft TWDI AD 6 00'It'K•[. M.67 FEET TO A In INN INOI ADD SET. TUT ALL LOT O.ORIQl, AID AMQC ro.m. AID POIm v —w WILL K ODLLY AAA FD ON TIE —. AND TUT T ' PLAT $ es.66']E•E, Y.M TEST TO nYt STATE NIOIYY KIASTIENT AIONAIXT IDAD 1. TE YITTN SONDASY LINE COMEMY AC —SLITS MT VAKY YOE DY Y[ K UDU W DIKa.- AND flpDlvlfld. 1 YOEfAID SWMAIE JOINT VENTOTC TRACT KING M —OR 6OUIOMIY LIK O TYT DDITIIN YNKT OI LAD CONKKD TO OTili I. COMA ACCOD INo TO TE C® KCOROCC Ix V0.1AE SAGE 16]! O M DEED KCORK O TENANT —TY. DL• TEXAS. * sTAW O tTEXAS W. 22% 1NENM S •S. Y.T. IQ.T WOW M MOSRM 60 1 LINE NCISELII 41D SOIITILAKE JOINT KNTLK TII T TO A In INOI \\aEOR' •% IRON ROD KT IM THE AFOtlJAID EASTEI GNT-0l-SAY OF .MADDED DAY:: aDA CYAIO. TNFAM N I I•%'.L't, —26 — WDW THE SAID EAST RIONT-- AY LIK OFASADOIED YVIS SC•EVAID TO A In IMF Iid A. SET IN M NORTNNEfT LINE O AS SO FOOT SIX MAIN AOE CAKIENT KCOIDED 1. VOLIAE %1., 1AM 1723 O M DEED At— O iAARAR —. TEXAS, MMM S 61 •CS'N'S, Ill— FEET TO A 1/4 1— 1— ROD FOAID FOR M COAroN —TY LINE CDDu O M NKT EASTEWY CORKER O SAID LOT W AND M —T SOIM3EY OMAER O SAID LOT MA, MN1M N 34•33.241'S. EIO.CS FEET WOID SAID 0L\tN311 IROERtt LINE O LOT Y3 AND LOT W TO TIE PLAN O KGINIIN6. COMTA INIY I.Ait AOTES ITS,iq tWME FEETI OF LAD. 0 DO Id so 500 TIiIf°�1I.P.RE'11u '�i:GO"Ao�fRfoDi`D Etf OTEIINIK IIprtD. SCALE I '= 50' aiT m. LD. — AND PANNIE S FLAT V xv=ON DOF[5 6GLL K tN.30 nr? � S � :D°` : ;�.".a"W -n .: 11 LOTS 5R4-R1 & 5R4-R2 D r DADAAM AIO N D.ECT TD PIES "° TA1NIiDIIt O uTLRo Aw 6unD 1'[AAD). ER PARSER'S CORN CANG121996 AN ADDITION TO THU LOT AKAS 017r Of BOOTMAA= TAHAANT OOONTl. TNQY o.m Acac 131,sAS faNK BEND 1.822 ACRES OF LAND LOCATED IN THE ............ FEcrl '�' SSIE G. ALLEN SURVEY• ABSTRACT No. 16, TARRANT COUNTY. "'•'"""""—'"'""""'—""—"'" "—"—"--- I.ASt ATat Ilsf,.sO SWAK rMrl TEXAS, BEING ALL OF LOT 5R4, PARKER'S CORNER, .....'_."..'. AN ADDITION TO THE CITY OF SOUTFLAKE, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET ' A' , SLIDE 1056. P.R.T.C.T. NO. 1938 (DAVIS BOULEVARD a.AOUO AT AANaw Aw :DrO CDAAM31aN AInO.onon aoDa DKV PARKERS I, L.P. C/O DREWS REALTY GROUP SOL,,KE JONT VEATLFE C/O DREWS REALTY GROIY .Iv„Y .,.. ��� WI[R ! A!lOCIAril, INC. tirt ""-_"""""""_""""_"_"____ _ F.i[ ______ " 54401W2VEST HALL ROAD 0150 DALLAS, TEXAS 75230-1605 5440 x VEST WL ROAD .150 DALLAS. TEXAS 75230-1605 aNYMEW DIMYaYMa WID M ANMS _.._._____.._._.___ OIANNNx, AANAE AID Pbiii"_.__ .__—__________�____ id4a1 2H-/90-PAGE 2117675, PAGE d—Aasi16ATtoTLTEAIMMuVI)I. N JOLT 10. lY!! / !LOT! VOLUIE IM61, PAGE A96 VOL13.E PAGE I13] rM a u M SIN ML s e sA-- CASE W. 2A%-92 Yakfaii'10 3inToiAA""--- STr iiifZ7iin"'____"-."------- D.R.T.C.T. .R.T D.R.T.C. T. PLAT FEED CABIET W. SLIDE _ DATE �•o''"'��"s' City of Southlake, Texas August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Revisions to Ordinance 598 - SPIN Ordinance & Articles of Organization The SPIN Standing Committee and City Council discussed the proposed changes to Ordinance 598 and the Articles of Organization at a joint meeting held on July 25, 1996, and Council subsequently approved the changes recommended by SPIN on first reading at the August 6 City Council meeting. There have been no changes to the ordinance since first reading. Please place this item on the August 20 City Council meeting agenda. Questions may be addressed to me at extension 705 or directly to David Baltimore, Standing Committee Chair, at 488-3593. W-! ORDINANCE NO. 598-A AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR APPOINTMENTS TO A NEIGHBORHOOD COMMITTEE AND SPECIFYING FUNCTION; PROVIDING FOR A REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council of the City of Southlake, Texas is of the opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor -to -neighbor, neighbor -to -City and City to neighbor communication; and • WHEREAS, the City Council desires to create such a committee by ordinance establishing the SPIN Standing Committee's membership, terms of office, and responsibilities; • NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the City Council of the City of Southlake, Texas does hereby create and establish an advisory committee to be known as the "Southlake Program for the Involvement of Neighborhoods" (SPIN), such committee to be composed neighborhood representatives, a Teen Delegate, and a Senior Delegate, all citizens of the City of Southlake, Texas, who shall reside and continue to reside within the corporate limits of the City during the term of office for which the citizen is appointed. A representative of the City Manager's Office shall be an ex-officio, non- voting member of the standing committee and shall be responsible for administration Page 1 D:\NP-FILES\ORD-RES.AGR\598-A.ORD and coordination of Standing Committee activities. A quorum shall consist of six (6) voting members for the purpose of conducting business. SECTION 2. That membership of the Standing Committee shall be constituted by appointment by members of the City Council, and shall be appointed for a term of two (2) years In the appointment of the initial committee following the effective date of this ordinance, the City Council shall appoint eight (8) members for one (1) year and eight (8) members for two (2) years: All of the members of the committee shall be selected according to neighborhoods as indicated by the neighborhood map attached as exhibit "A." Each member shall reside within the neighborhood he/she is to represent. The SPIN Standing Committee shall be responsible for maintaining the applicability of Exhibit "A." At least annually, as Southlake develops and its population increases, the SPIN Standing Committee shall review the neighborhoods designated on Exhibit "A." Based on this review, new boundaries, as appropriate, shall be recommended to the City Council for approval. • After June 1, 1996, terms of office shall be from January 1 through December 31 of each calendar year. Any prior appointments will automatically extend through December 31 of the final year of said appointment. SECTION 3. That members of the SPIN Standing Committee shall serve without pay, but may receive reimbursement for actual expenses incurred after prior approval of the City when such expenses result from the performance of official committee duties. The SPIN Standing Committee shall adopt Articles of Organization to govern its activities and meetings. The Standing Committee or any neighborhood councils appointed in conjunction with the SPIN program shall be subject to the conditions set forth in the Articles of Organization. The Articles of Organization may be altered, amended or repealed and new articles may be adopted by a majority vote; provided a quorum of Standing Committee Members is present. At • Page 2 D:\NP-FILES\ORD-RES.AGR\598-A.ORD 7/o- 3 least 72 hours written notice must be given of the intention to alter, amend or repeal these articles, • or to adopt new articles at such meeting. SECTION 4. That any member of the committee duly appointed under the terms of this ordinance shall automatically forfeit the seat on the committee so held in the event he/she 1) discontinues residency within the neighborhood he/she was appointed to represent as defined in the neighborhood map attached as exhibit "A," or 2) files for public office. SECTION 5. That the SPIN Standing Committee shall elect from its members a chairperson, a vice - chairperson, and secretary; who together with the City Manager's representative shall constitute the SPIN Executive Committee. The SPIN Standing Committee shall meet once a month. The SPIN Standing Committee or representatives thereof as ordained by the committee shall meet with the Southlake City Council at regular intervals a minimum of four (4) times a year to communicate • neighborhood activities, needs and concerns to the Council. SECTION 6. That the committee shall act in an advisory capacity to the City Council and the City staff in the planning and implementation of programs and activities involving neighborhood concerns. Specific concerns and activities of the committee will be determined by the committee itself after due consideration of the advice and cooperation of the City staff, the City Council, and neighborhood groups, with an emphasis on programs and activities designed to improve the quality of life in neighborhoods either singularly or collectively. A second and equally important aspect of the committee shall be to provide leadership and coordination for the activities of neighborhood based groups of citizens and to provide a channel of communication between citizens of Southlake and elected officials and/or City staff. SECTION 7. is That all ordinances or parts of ordinances in conflict with the provisions of this ordinance Page 3 D:\MP-FILES\ORD-RES.AGR\598-A.ORD gym- 4 • are hereby repealed. SECTION 8. That it is hereby found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the place, time, and purpose of said meeting was given as required. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: • CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. • APPROVED AS TO FORM AND LEGALITY: Page 4 D:\WP-PILES\ORD-RES.AGR\598-A.ORD Mu EVC637 ATTEST: CITY SECRETARY CITY ATTORNEY • DATE: • • ADOPTED: EFFECTIVE: Page 5 D:\YIP-PILES\ORD-RES.AGR\558-A.ORD • ORDINANCE NO. 598-A AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR APPOINTMENTS TO A NEIGHBORHOOD COMMITTEE AND SPECIFYING FUNCTION; PROVIDING FOR A REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council of the City of Southlake, Texas is of the opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor to neighbor -to -neighbor, neighbor -to -City and City to neighbor communication; and • WHEREAS, the City Council desires to create such a committee by ordinance establishing the SPIN Standing Committee's membership, terms of office, and responsibilities; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the City Council of the City of Southlake, Texas does hereby create and establish an advisory committee to be known as the "Southlake Program for the Involvement of Neighborhoods" (SPIN), such committee to be composed of sixteen (+� neighborhood representatives, a Teen Delegate, and a Senior Delegate, all citizens of the City of Southlake, Texas, who shall reside and continue to reside within the corporate limits of the City during the term of office for which the citizen is appointed. A representative of the City Manager's Office shall be an ex-officio, non -voting member of the standing committee and shall be responsible for administration • Page 1 D:\"P-PILES\ORD-RES.AGR\598-A.ORD and coordination of Sstanding Ceommittee activities. A quorum shall consist of six (6) voting • members for the purpose of conducting business. SECTION 2. That membership of the Sstanding Ceommittee shall be constituted by appointment by members of the City Council, and shall be appointed for a term of two (2) years with no nte to serye more than two (2) eameettfive terms Serving a total of fattr (4) years on the eammittee shall not preelede anoth -nt after at least a two (.2) year absenee from offiee. In the appointment of the initial committee following the effective date of this ordinance, the City Council shall appoint eight (8) members for one (1) year and eight (8) members for two (2) years: All of the members of the committee shall be selected according to neighborhoods as indicated by the neighborhood map attached as exhibit "A." as SoetMake develapq, by review* emd epdating this exhibit, . Each member shall reside within the neighborhood he/she is to represent. The SPIN Standing Committee shall be responsible for maintaining the 33tegrity.and applicability of Exhibit "A." At least annually, as Southlake develops and its population • increases, the SPIN Standing Committee shall review the neighborhoods designated on Exhibit "A." Based on this review, new boundaries, as appropriate, shall be recommended to the City Council for approval. After June 1, 1996, terms of office shall be from January 1 through December 31 of each calendar year. Any prior appointments will automatically extend through December 31 of the final year of said appointment. SECTION 3. That members of the SPIN Standing Committee shall serve without pay, but may receive reimbursement for actual expenses incurred after prior approval of the City when such expenses result from the performance of official committee duties. The SPIN Standing Committee shall adopt Articles of Organization as set forth in Ex4tibit • a"ehed to this ardirmnee. to govern its activities and meetings. The Sstanding Ceommittee Page 2 D:\NP-FILES\ORD-RES.AGR\59E-A.ORD or any neighborhood councils appointed in conjunction with the SPIN program shall be subject • to the conditions set forth in the Articles of Organization. The Articles of Organization may be amended by the SPIN SstftMing Geommittee with the prior approval of the City Gottneil. altered, amended or repealed and new articles may be adopted by a majority vote; provided a quorum of Standing Committee Members is present. At least 72 hours written notice must be given of the intention to alter, amend or repeal these articles, or to adopt new articles at such meeting. SECTION 4. That any member of the committee duly appointed under the terms of this ordinance shall automatically forfeit the seat on the committee so held in the event the iember he/she 1) discontinues residency within the neighborhood he/she was appointed to represent as defined in the neighborhood map attached as exhibit "A," or 2 - files for public office. • SECTION 5. That the SPIN Standing Committee shall elect from its members a chairperson, a vice - chairperson, and secretary-; who together with the City Manager's representative shall constitute the SPIN Executive Committee. The SPIN Standing Ceommittee shall meet once a month. The SPIN Standing Committee or representatives thereof as ordained by the committee shall meet with the Southlake City Council at regular intervals a minimum of four (4) times a year to communicate neighborhood activities, needs and concerns to the Council.. SECTION 6. That the committee shall act in an advisory capacity to the City Council and the City staff in the planning and implementation of programs and activities involving neighborhood concerns. Specific concerns and activities of the committee will be determined by the committee itself after due consideration of the advice and cooperation of the City staff, the City Council, and neighborhood groups, with an emphasis on programs and activities designed to improve the • quality of life in neighborhoods either singularly or collectively. A second and equally important Page 3 D:\WP-PILES\ORD-RES.AGR\598-A.ORD 7V2 9 aspect of the committee shall be to provide leadership and coordination for the activities of • neighborhood based groups of citizens and to provide a channel of communication between citizens groups of Southlake and elected officials and/or City staff. • SECTION 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 8. That it is hereby found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the place, time, and purpose of said meeting was given as required. PASSED AND APPROVED on the 1st reading the day of , 4331996. 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the MAYOR • ATTEST: Page 4 D:\MP-FILES\ORD-RES.AGR\598-A.ORD day of • u APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Page 5 D:\WP-FILES\ORD-RES.AGR\59E-A.ORD CITY SECRETARY EXHIBIT A AL ESPINW City of Southlake S.P.I.N. Neighborhoods BOB JONES RD. BOB JONES RD. 1 p Ms. Cara White S 4475 Homestead Drive t7 Roanoke, TX 74242 Z (am 430-305S (kome) Y 3 Mr. Joe Mast Mr. Martin Schelling 2415 Taylor street 2665 N. White Chapel Road Q O Southlake, TX 76092 Southlske, TX 76M (t17)NI-I405(how) (t l4. -Issl (home) (�/1 ad M EAST DOVE ST. W. DOVE ST. Uj 1 w 4 a Mr Roger Hutton 1"0 Shady Oaks Ms. Janet Murphy ¢ 5 j Southlake, TX 76092 1313 N. While Chapel Blvd.cc 1 (617) 42,-J204 (none) Southlake, TX 76me U MS. Jan Francis 11 "'T �'' `1e' = 1211 Ashmore Court Southlske, TX 76092 d O (St71,18"94(home) • W Z Z a Mr. David Baltimore WEST H HLAND ST. J 1368 Holland Hill O J SoulAlake, TX 76092 Z J (aI7) 488-1593 (home) M fL W i o a ST4TF 4 FL R N E RD. ¢ ti a v 1 o y�Cy 4� Mr. Doug Fierce W h' 2419(:rrenbuugh O !�9 Southlake, TX 76(r)2 0 (817) 481.62461b„mrl 6 13 (a Southlake, TX 76092 z JOHNSON RD. C-1—•_Ihomc) WEST SOUTHI-4 BLVD. = f.M. 1709 EAST SOUTHLAKE BLVD. z O John & Linda Wilder l41 narreu Drive Mr. Jim Goggm > Q Southlske, TX 76092 Q 1706 Wild Rose Way W 1417)431.2745(home) J Southlske, TX76M > Mr. Darrell Faglie = J (917) US-ISa1 (home) ¢ O 6 505 S. Kimball Avenue cc J Southlake, TX 76092 i Ci F� 1 w v Ms. Pattie Minder W (S 17)488.7171 (home) 15 J rIL 223 E.atv.md Drive w Ms. Karen Cienki m y i Southlake, TX 1Vayne and June Haney co603 Shadow Glen C) (617) ee1•7492 (home) _= 400 Br«k Drive > Southlake, TX 76092 Sou11,Nke, TX 76092 p p (817) 489-8204 (home) = O (817) J79.5617(home) N WEST CONTINENTAL BLVD. # E. CONTINENTAL BLVD. W 9 Ms, Laura Miklosko O 710 Nettleton Drive y Southlake, TX 76092 (t17) 421.5334 (home) e SPIN Youth Delegate Ms. Katie Holzgraefe 3435 Carmel Court Southlake, TX 76092 • (817) 488-2284 (home) This map reflects the neighborhood boundaries and current SPIN Representatives. Representatives are subject to change • EXHIBIT B SOUTHLAKE PROGRAM for the INVOLVEMENT of NEIGHBORHOODS ARTICLE I: NAME DEFINITIONS When used in these Articles of Organization, the below listed terms and phrases shall have the following concepts and meanings: (1) SPIN. The term SPIN shall mean the Southlake Program for the Involvement of Neighborhoods, as established by Southlake City Ordinance No. 598, as amended. (2) SPIN Neighbor. The term SPIN Neighbor shall mean any citizen of the City of • Southlake, Texas. (3) SPIN Neighborhood. The term SPIN Neighborhood shall mean each of the SPIN Standing Committee designated areas of the City of Southlake, Texas, as defined in Exhibit "A" of Southlake City Ordinance No. 598, as amended. (4) SPIN Neighborhood Council. The term SPIN Neighborhood Council shall mean the body of SPIN Neighborhood residents who will collectively coordinate and communicate, through their SPIN Standing Committee Representative, with the Southlake City Council and/or City staff. (5) SPIN Standing Committee Representative. The term SPIN Standing Committee Representative shall mean the Southlake City Council appointed member of the SPIN • Page 1 Exhibit 'B' D:\NP-FILES\ORD-RES.AGR\SPINART2.ORD • Standing Committee from each SPIN Neighborhood. (6) The SPIN Teen Delegate. The term SPIN Teen Delegate shall mean a Citizen of the City of Southlake, Texas appointed to the SPIN Standing Committee by the Southlake City Council, who is between the ages of thirteen (13) and nineteen (19) at the time of appointment. (7) The SPIN Senior Delegate. The term SPIN Senior Delegate shall mean a Citizen of the City of Southlake, Texas appointed to the SPIN Standing Committee by the Southlake City Council, who is at least fifty-five (55) years of age at the time of appointment. (8) SPIN Standing Committee. The term SPIN Standing Committee shall include the SPIN Standing Committee Representatives, the SPIN Teen Delegate, and the SPIN Senior Delegate, each appointed by the Southlake City Council according to Ordinance No. 598, as amended, and a designated, non -voting representative of the City Manager's Office. •(9) SPIN Executive Committee, The SPIN Executive Committee shall consist of the officers of SPIN (Chairperson, Vice -Chairperson, and Secretary), together with the designated, non -voting representative of the City Manager's Office. ARTICLE II: PURPOSE The purpose of this program is to provide a more form of vehicle for citizen participation in the affairs of the City of Southlake and to create a forum for neighbor -to -neighbor, neighbor -to -City and City -to -neighbor communication. The organization's objectives are: a)(1) To direct and channel citizen involvement and participation within the City and its government; b)(2) To provide a common meeting ground for neighbors to come together for the free exchange of ideas on a wide variety of subjects; • Page 2 Exhibit B. D:\WP-FILES\ORD-RES.AGR\SPINART2.ORD din- /// • 0(3) To act as a mechanism to leverage Southlake's wide array of human resources and establish a public forum that will ensure a permanent, ongoing, community -wide dialogue; dj(4) And to include citizens in governmental problem -solving processes preeederes. ARTICLE III: ORGANIZATION Section 1. Composition of the SPIN Standing Committee, The City staffsh l initially identifyied, designated and defined sixteen (16) Southlake SPIN Neighborhoods in Exhibit "A", to City of Southlake Ordinance No. 598, as amended. Characteristics of geography, proximity and other homogenetic factors shall be used in their determination. The SPIN Standing Committee shall be responsible for maintaining the integrity and applicability of Exhibit "A," as Southlake develops, by reviewing and updating this exhibit, annually. The Southlake City Council shall appoint a SPIN Standing Committee Representative Delegate from each of the SPIN • Neighborhoods, an at large Teen Delegate, an at large Senior Delegate and their respective replacements. , together with a )�ottth Delegate appointed by -the E34y-Eetraeil, they shall constitute the voting membership of the SPIN Standing Committee. T4ie term of appa4tftnent shall be set by the Southia-ke Gity . Each SPIN Standing Committee Representative appointee shall reside and continue to reside within the SPIN Neighborhood he or she is appointed to represent during the term of his or her appointment. A representative of the City Manager's office shall be an ex-officio, non -voting member of the SPIN Standing Committee A quorum, for the purpose of conducting business, shall consist of six (6) voting members for the purpose of eandtteting busittess. Section 2.: Officers, The SPIN Standing Committee shall elect from its members a Chairperson, a Vice -Chairperson, and a Secretary, who, together with the designated, non -voting representative of the City Manager's office, shall make up the SPIN Executive Committee. The • Page 3 Exhibit I D:\WP-FILES\ORD-RES.AGR\SPINART2.ORD • roles and responsibilities of the SPIN Officers and the SPIN Executive Committee are as follows: (a) Chairperson. The Chairperson shall be the chief executive officer of the SPIN Standing Committee and the SPIN Executive Committee, and shall be responsible for their general supervision, direction and control. The Chairperson shall preside at all meetings of the SPIN Standing Committee and the SPIN Executive Committee. (b) Vice-Chai=rson. In the absence, disability, or resignation of the Chairperson, the Vice -Chairperson shall perform all the duties of the Chairperson, and when so acting shall have all powers of, and be subject to all restrictions on, the Chairperson. c) Secretary. The Secretary shall work with the designated representative of the City Manager's office to ensure that there are appropriate minutes kept of all SPIN Standing Committee •and SPIN Executive Committee meetings, and that there is timely public notification of SPIN Standing Committee meetings as prescribed by law. The Secretary shall be empowered to sign or attest any documents, required by law, or the business of the SPIN Standing Committee. In the absence of both the Chairperson and Vice -Chairperson, the Secretary shall function as a temporary Chairperson. In case of the absence, resignation or disability of the Secretary, Any SPIN Standing Committee voting member may be authorized by the Chairperson or Vice -Chairperson (when acting as Chairperson) to perform the functions of Secretary. (d) City Manager's Representative. The City Manager's Representative is an ex- officio, non -voting representative, designated by the City Manager, who shall be responsible for the administration and coordination of SPIN Standing Committee and SPIN Executive Committee activities. The City Manager's Representative will act as parliamentarian. • Page 4 Exhibit -8- D:\NP-FILES\ORD-RES.AGR\SPINART2.ORD • In the event that an issue requires a decision prior to the next regularly scheduled SPIN Standing Committee meeting, the Executive Committee may make decisions as required for the purpose of conducting the business of SPIN. Any action taken by the Executive Committee will be subject to review by the SPIN Standing Committee. Section -23 Meetings. The SPIN Standing Committee shall meet, at least, quarterly with the City Gotmeil an&ar City Staff. on a monthly basis, unless otherwise approved by the SPIN Standing Committee (no two consecutive monthly meetings may be omitted). Each meeting is to be open to all SPIN Neighbors with public notice of the place, time, and purpose of said meeting given, as required by law. Inclusive of these meetings, the SPIN Standing Committee and the, Southlake City Council shall meet in joint session at least four (4) times a year. Section 4.: SPIN Report to Cily Council. The agenda of every regularly scheduled Southlake City Council meeting shall provide SPIN the opportunity to report SPIN Neighborhood is activities, needs and concerns. Committee Representative shall relinquish his/her appointment and be replaced, if he/she: resigns, moves out of the his/her respective SPIN Neighborhood, files for public office, violates the SPIN Code or afte of Conduct, or if the SPIN Standing Committee finds eause that a replacement is necessary so that a SPIN Neighborhood is adequately served. Removal shall be upon the recommendation of the SPIN Standing Committee and approval of the City Council. ARTICLE IV: ANNUAL ELECTIONS Section I.: Process. Annual elections shall be held during the regularly scheduled March meeting of the SPIN Standing Committee for its three (3) officers; Chairperson, Vice - Chairperson, and Secretary. Subject to a quorum being present, a simple majority of members • Page 5 Exhibit -B- D:\WP-FILES\ORD-RES.AGR\SPINART2.ORD • present shall determine each office, with voting being in the order of Chairperson, Vice - Chairperson, and Secretary. The term of each office shall be one (1) year, with no term limits. A survey shall be distributed to, and completed by, each SPIN Standing Committee member at least one (1) monthly meeting prior to the election meeting, indicating that member's availability to serve as one or more of Chairperson, Vice -Chairperson, or Secretary. The compilation of this survey shall be distributed prior to the election meeting and shall serve as the ballot. Section 2.: Special Elections. Upon the resignation of any officer, each officer in the order of Chairperson, Vice -Chairperson, and Secretary, shall move up to the next office and serve in that capacity until the next annual election. In the event that two or more offices become vacant simultaneously, a special election shall be held to elect replacements for each office to fill the unexpired term(s). This special election shall be in accordance with annual election procedures and begin with the next monthly SPIN Standing Committee meeting. In the event that the office of Secretary becomes vacant, a special election shall be held, as above, to elect a replacement • Secretary for the remainder of the unexpired term. ARTICLE4V: SPIN NEIGHBORHOOD COUNCILS Section 1. Organization, Each SPIN Neighborhood Council is provided the latitude to operate, coordinate, and communicate as deemed appropriate by its SPIN Neighbors and SPIN Standing Committee Representative. Emphasis should be placed on programs and activities designed to improve the quality of life for the City of Southlake residents. It is the responsibility of the SPIN Standing Committee Representative to provide leadership and coordination for activities of the SPIN Neighborhood Council and to provide a multi -directional channel of communication among the SPIN Neighborhood Council and the Southlake City Council and City Staff. Delegate shall appoint a i i - F thfee (3) Neighborhood E3ottneil members who shall reside and eatitinde to reside within the neighborhood to whose eouneil they are appointed. Any i 4ent in the neighborhood to whose eotineil he or she applies, shall be appointed by thee Delegate to said Neighborhood Cottneil. A qttotunt shall eattsist of a majority of the • Page 6 Exn:c.c I D:\WP-FILES\ORD-RES.AOR\SPINART2.ORD Section 2 Meetings, Each SPIN Neighborhood Council shall meet, as often as they determine, but at least twice during any six month period. The meetings are to beopen to all members of the SPIN Neighborhood with notice of the place, time, and purpose of said meetings given at least seventy-two (72) hours in advance of each meeting.at-1 .meeting date and phkee shall be set by the S.P.I.N. Delegate and he or she shall eanduet same. ARTICLE VI: CODE OF CONDUCT The SPIN Standing Committee shall abide by its adopted Code of Conduct (Exhibit 1 to these Articles). ARTICLE VII: COMPLIANCE WITH ORDINANCE Sean 1. The City of Southlake has adopted Ordinance No. 598, as amended, which establishesd the S P.I.N. Southlake Program for the Involvement of Neighborhoods (SPIN) and which shall control and supersede pregram-and any part or parts of these Articles in conflict with • Page 7 Exhibit I D:\WP-FILES\ORD-RES.AOR\SPINART3.ORD 71111)— 0 EXHIBIT #I A Southlake Program for the Involvement of Neighborhoods (SPIN) Code of Conduct • SOUTHLAKE PROGRAM FOR THE LNVOLVE1fEtiT OF NEIGHBORHOODS Code of Conduct ,, l The purpose of the Southlake Program for the Involvement of Neighborhoods (SPIN) is to foster two-way communication between the City and its citizens. Broad based participation in neighborhood issues and projects is an important element of the SPIN program. SPIN Standing Committee members have been chosen by neighborhood residents and sanctioned by the Southlake City Council to serve as representatives of the SPIN program, in addition to serving as leaders in their respective neighborhoods. Standing Committee representatives are responsible for directing and promoting the SPIN program. The role of the Standing Committee representative includes, but is not limited to, assisting the neighborhood by facilitating communication between City officials and the neighborhood, clarifying issues, and encouraging participation in the local government process. It is a privilege to serve the City of Southlake as a SPIN Standing Committee representative and each should make every effort to fulfill the obligations of the selection. The highest standards of integrity, impartiality, and professional competence are expected from Standing Committee • representatives. The importance of neutrality cannot be overemphasized in regard to maintaining credibility as a Standing Committee representative for the neighborhood. As such, SPIN Standing Committee representatives have a continuing duty to disclose anything that may affect, or might appear to affect their ability to be an impartial leader of their SPIN neighborhood. Standing Committee representatives should be committed to representing all parties as necessary. The purpose of this Code of Conduct is to define the high standards expected of Standing Committee representatives. These standards will ensure public confidence in the SPIN program. The guidelines represent a standard of behavior for SPIN leaders, and it is expected that this Code shall also help to guide the official behavior of other Neighborhood Council members. This Code is not intended to address every situation which may arise in the conduct of SPIN program business, rather, it is envisioned that SPIN participants will rely on the ideals embodied in this Code to lead them through issues concerning conflicts of interest and ethical behavior. 1. Process 1.1 Standing Committee representatives shall ensure that their respective Neighborhood Councils are open to all individuals and organizations within the defined boundaries of the neighborhood and not be limited by age, race, creed, color, i• 4127195 • gender, national origin, income, cr home ownership. Any form of discrimination by a SPIN member against any party on the basis of characteristic, condition, preference, belief or status of such party conflicts with the purpose of SPIN, and shall not be practiced, condoned, or facilitated by Standing Committee representatives. 1.2 The Standing Committee representative, in his or her role as Neighborhood Council Chair, shall create an environment conducive to the expression of ideas by any neighbor wishing to be involved in the Program. It is hoped that SPIN will be a forum for encouraging open and honest discussion of issues, which would include differing viewpoints. 1.3 Standing Committee representatives should conduct neighborhood meetings in sufficient frequency to provide an cpportunity for neighbors to be well informed of events, issues and activities. Standing Committee representatives shall make sure that minutes of all meetings are maintained in accordance with City Ordinance 598. In addition to neighborhood meetings, Standing Committee representatives should make diligent effort to ensure that their neighbors are made aware of SPIN • activities and projects. 1.4 Standing Committee representatives shall transmit both recommendations and dissenting views proposed by p.ir( *,cular neighborhoods on given issues to City officials. It is important that ali vita. points be considered on a particular issue. 1.5 Standing Committee representatives should participate in Standing Committee activities. 1.6 Should a Standing Committee representative- be found in violation of this Code and refuse to accept the decision of the majority of Committee members reviewing the violation, by either withdrawing from the Standing Committee or correcting said violation, the case shall then be referred to the City Council for action. 2. Professionalism 0 4127195 2.1 To effectively serve, Standing Committee representatives should take every opportunity to educate themse!N !s about the operations of the municipal organization and current events within the City so that they may provide accurate information to their neighborhood. 71,�2 - as • 2.2 Standing Committee representatives should promote mutual respect among all parties involved in the program, including, but not limited to, other Standing Committee representatives, Neighborhood Council representatives, City staff, and elected officials. Standing Committee representatives and other SPIN participants should always exercise decorum, discretion, patience, restraint, and consideration of others time during Standing Committee and Neighborhood Council meetings. 2.3 Standing Committee representatives shall represent facts or circumstances as accurately as possible in the course of either providing information from the City to their neighborhoods, or in reporting information from their neighborhoods to the City. 2.4 Standing Committee representatives shall not use their influence as SPIN representatives to influence the electoral process. A SPIN Standing Committee representative shall never coerce, make a decision for, or impose his or her own judgement on neighbors. Although Standing Committee representatives may, as individuals and citizens of the City of Southlake, exercise their right to support or oppose candidates, it is inappropriate to use their position with SPIN as a political tool. Standing • Committee representatives must maintain electoral neutrality and remain nonpartisan in regard to all candidates running for public office or ballot issues when performing functions in their official role. 2.5 When serving in an official capacity, Standing Committee representatives shall not offer any type of personal or professional opinions as an official representative of SPIN. 2.6 Standing Committee representatives should withdraw from the Standing Committee if they feel they can no longer maintain the impartiality needed to effectively serve as representatives of their neighborhoods. 2.7 Standing Committee representatives shall not accept any type of financial remuneration, direct or indirect, as an incentive to promote or support a particular political or commercial issue. c: twpfil<.s�rpWcoee &127195 City of Southlake, Texas MEMORANDUM August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: PUBLIC HEARING to Consider a Proposal to Increase Taxes Chapter 26 of the State Property tax code requires the City of Southlake to comply with truth -in - taxation laws in adopting the FY1996-97 tax rate. On August 3, the City published its "1996 Property Tax Rates in the City of Southlake", or effective tax rate notice, which also included the notice and hearing limit tax rate, and the rollback tax rate, as follows: Effective tax rate $.39034/$100 Notice and hearing limit tax rate $.40205/$100 Rollback tax rate $.43471/$100 The notice and hearing limit tax rate is 3% over the calculated effective tax rate. The rollback tax rate divides the overall tax rate into two categories - maintenance and operations and debt service. The rollback rate allows for the debt service portion of the tax rate to increase to cover expected debt service for the coming budget year. The proposed FY1996-97 Budget is based on a $.422/$100 tax rate, the same rate adopted for the FY1995-96 Budget. Because the proposed $.422/$100 tax rate exceeds the notice and hearing limit tax rate, the City must hold a public hearing on a proposal to increase taxes. At its August 6 meeting, the Council voted to place this public hearing on the agenda for August 20. A "Notice of Public Hearing on Tax Increase" was published August 13, announcing the public hearing. This notice compared taxes at the $.422/$100 tax rate for this year and next year, based on the value of an average home. After the Council holds a public hearing on the tax increase, the City will be required to publish a notice in the newspaper, "Notice of Vote on Tax Rate". This notice will indicate the date to adopt the tax rate, currently set for the September 3, 1996 meeting. LAH Saturday, August 3, 1996 / Star -Telegram / Section B, Page11 • • 1996 Property Tax Rates in the City of Southlake This notice concerns 1996 property tax rates for the city of Southlake. It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rue would impose the same total taxes as last year if you compare properties taxed in both yeah. This year's rollback tax rate is the 1 highest tax rate the touting unit can set before taxpayers can start tax rollback procedures. In each case these rates are found 't by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by i state law. The rates are given per $100 of property value. 3 Last year s tax rate, Last year's operating taxes S2,801,205 Last year's debt taxes S1,696,070 Last year's total taxes S4.497.275 Last year's tax base S1,065,704,862 List year's total tax rate S.422005100 This year's errective tax rate: Last year's adjusted taxes (after subtracting taxes on lost property) $4,480,342 T This year's adjusted tax base (after subtracting value of new property) 51-147.782757 = This year's effective tax rate S.39034/5100 x 1.03 = maximum rate unless unit publishes notices 8r. holds hearings S.40205/$100 This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for transferred function) $2,788,026 4 This year's adjusted tax base $1,147,782,757 = This year's effective operating rate S.24290/$100 x 1.08 = this year's maximum operating rate 5.26233/5100 + This year's debt rate S.172385100 = This year's rollback rate S.4347115100 SCHEDULE A: Unencumbered Fund Balances The following estimated balances will probably be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation, Tyne of Prouty Tax General Fund General Obligation Debt Service Fund Balance $1,779,597 $472,913 SCHEDULE B: 1996 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues. Principal or Contract Payment Descriotion of Debt to be Paid from Property Taxes 1990 Series G.O. Refunding Bonds $175,000 1990 Series Tax/WW and Sewer System Revenue Certificate 35,000 1990 TRA-Denton Creek Revenue Bonds 45,000 1990 TRA-Southlake Sewer System Contract Revenue Bond 40,000 1992 Series Tax/WW and Sewer System Revenue Certificate 45,000 1992 Series General Obligation Bonds 45,000 1993 Series Certificates of Obligation 65,000 1993 Series Public Property Finance Contract Obligations 140,000 1993 General Obligation Refunding and Improvement Bonds 180,000 1994 Note Payable 173,600 19,94 TRA-Denton Creek Revenue Bonds 0 1996 Series Certificates of Obligation 0 1996 Series Tax/WW and Sewer System Revenue Certificate 45.000 $988,600 Total required for 1996 debt service $2,209,344 Amount (if any) paid from funds listed in Schedule A SO Excess collections last year SO Total to be paid from taxes in 19% S2,209,344 + Amount added in anticipation that the City will Interest to be Paid from Property Taxes Total went $18,171 $193,171 17,166 52,166 90.223 135,223 75,250 115,250 75,725 120,725 94,927 129,927 5,810 70.810 15,170 155,170 269.450 449,450 36,456 210,056 334,300 334,300 15,950 15,950 182,146 227 46 $1,220,744 S2,209,344 collect only 100% of its taxes in 1996 e0 Toter! Debt Levy S2,209,3-t4 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at the Southlake Administrative Offices, 1725 E. Southlake Boulevard, Southlake, Texas 76092. Name of person preparing this notice: Lou Ann Heath Title: Director of Finance, City of Southlake .Date Prepared: July 31, 1996 • Section B, Page 2 / Star-Telogram / •lhesaay, nugumL Notice of Public Hearing on Tax Increase The City of Southlake will hold a public hearing on a proposal to increase total tax revenues from �~y properties on the tax roll in 1995 by 8.1 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the - change in taxable value of all other property. r: The public hearing will be held on August 20, 1996, 7:00 p.m., at Southlake City Hall, 667 North Carrll� Avenue. FOR the proposal: Deput Mayor Pro-Tem Muller, Mayor Pro-Tem Evans, Councilmember Martin, Councilmember Harris, Councilmember Moffat, Mayor Stacy t AGAINST the proposal: None PRESENT and not voting: None ABSENT: Councilmember Fawks The statement above shows the percentage increase the proposed rate represents over the 5422 tax rate that 'the unit published on August 3, 1996. The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher :or lower, depending on the taxable value of your property. J, Average home value General exemptions available (Amount available on the average home, - ' not including senior citizen's or � disabled person's exemptions) Average taxable value Tax rate Tax Last Year 5208,068 $0 $208,068 This Year $226-548 $0 $226,548 $.44/$100 $.422/$100 $878.05 $956.03 Under this proposal taxes on the average home would increase by $77.98 or 8.9 percent compared with last year's taxes. Comparing tax rates without adjusting for changes In property value, the tax rate would not change by $0 per $100 of taxable value or 0 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. 0 Notice of Vote on Tax Rate The City of Southlake conducted a public hearing on a proposal to increase your property taxes by 8.1 percent on August 20 at 7:00 p.m. • The Southlake City Council is schedule to vote on the tax rate at a public meeting to be held on September 3, 1996 at Southlake City Hall, 667 North Carroll, Southlake, Texas. 0 City of Southlake, Texas August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 665, 1st reading, Fiscal Year 1996-97 Operating Budget, First Public Hearing Presented for City Council consideration is the first reading on the FY1996-97 operating budget. This budget summarizes the plan of municipal operations for the fiscal year that begins October 1, 1996. The Council was presented a budget work book on August 9. The summary budget information attached to Ordinance 665 reflects the detail included in the budget work book. The summary budget information also incorporates a Capital Projects Budget for the FY199.6-97 year. The Capital Projects are major water, sewer, street and drainage infrastructure items that are funded through a variety of sources, such as impact fees, operating fund transfers, developer fees, and bond proceeds. A public hearing on the budget is also on the agenda, which gives the public an opportunity to speak on the budget. A second public hearing will be held September 3 on the final reading of Ordinance 665. I W,111: FIXI.31191"UA:'/IX O- A ORDINANCE NO. 665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1995-96; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996, AND TERMINATING SEPTEMBER 30, 1997, 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 a revision of certain figures in the 1995-96 budget and submitted same to the City Council; and, WHEREAS, the City Manager of the City of Southlake, Texas (hereinafter referred to as the "City") has caused to be filed with the City Secretary a budget to cover all proposed expenditures of the government of the City for the fiscal year beginning October 1, 1996, and ending September 30, 1997, (hereinafter referred to as the "Budget"); and WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, shows as definitely as possible each of the various projects •for which appropriations are set up in the Budget, and the estimated amount of money carried in the Budget for each of such projects; and WHEREAS, the Budget has been filed with the City Secretary for at least thirty (30) days and available for inspection by any taxpayer; and WHEREAS, public notice of public hearings on the proposed annual budget, stating the dates, times, places and subject matter of said public hearings, was given as required by the Charter of the City of Southlake and the laws of the State of Texas; and WHEREAS, such public hearings were held on August 20, 1996 and September 3, 1996, prior approval of such dates being hereby ratified and confirmed by the City Council, and all those wishing to speak on the Budget were heard; and WHEREAS, the City Council has studied the Budget and listened to the comments of the taxpayers at the public hearings held therefor and has determined that the Budget 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. Section 2. That the revised figures, prepared and submitted by the City Manager for • Ordinance No. 665 Page 2 the 1995-96 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 attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 1996, and ending September 30, 1997; 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 shall file or cause to be filed a true and correct copy of the approved Budget, along with this ordinance, with the City Secretary and in the office of the County Clerks of Denton and Tarrant County, Texas, as required by State law. Section 5. 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 a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. • 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 , 1996. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary PASSED AND APPROVED ON second reading this day of , 1996. �DnJ • Ordinance No. 665 Page 3 ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: •Effective: D: \ W P-FlLES\ORD-RES. AOR\665-BGC.ORD/kD • Rick Stacy, Mayor 7e � EXHIBIT "A" PROPOSED BUDGET 1996-97 ALL FUNDS SUMMARY Special Revenue General Debt Service Utility Parks/ Fund Fund Fund Recreation Projected Revenues-FY96-97 $8,970,648 $2,285,094 $6,336,650 $105,600 Less: Projected Expenditures $10,576,227 $1,683,946 $6,532,118 $122,000 Total-Expenditures-FY96-97 $10,576,227 $1,683,946 $6,532,118 $122,000 C.O. Proceeds 920,000 0 0 0 Net Transfers In (Out) 633,000 (527,898) 65.17 (56,875) Net Revenues (, 52.679) $73.250 ($130.298) 73.375) Estimated Fund Balance/ Working Capital 9/30/96 Estimated Fund Balance/ Working Capital 9/30/97 Expenditures General Fund Personnel Operations WP ital Outlay tat Expenditures Debt Service Fund Debt Service Total Expenditures ili F"nn Personnel Operations Capital Outlay Debt Service Total Expenses Special Revenue-Parks/Recreatio Operations Capital Outlay Total Expenditures SPDC Personnel Operations Capital Outlay Debt Service TOTAL EXPENDITURES SPDC TQW $967,000 $18,664,792 $400,799 $19,315,090 $400,799 $19,315,090 0 920,000 0 113,397 $566.201 $383.099 $1,669,416 $472,913 $1,233,780 $76,762 $996,488 $4,449,359 $1,616,737 $546,163 $1,103,482 $3,387 $1,562,689 $4,832,458 n 1995-96 1995-96 1996-97 $Increase/ 1994-95 Adopted Revised Proposed (Decrease) % Increase/ Actual Budget Budget Budget Adopted -Decrease $3,960,852 $4,853,826 $4,926,733 $6,075,068 $1,221,242 25.2% 2,171,523 2,435,242 2,844,677 3,360,706 925,464 38.0% 908,27_4 580.530 776,768 1,140.453 559,923 96.5% $7,040,649 $7,869,598 $8,548,178 $10,576,227 $2,706,629 34.4% $1 228.385 $1 464.33 $1,476,296 $1 683.946 $219 613 15.0% $1,228,385 $1,464,333 $1,476,296 $1,683,946 $219,613 15.0% $454,653 $603,708 $627,708 $590,250 ($13,458) -2.2% 3,488,334 4,013,522 4,882,296 3,842,100 (171,422) -4.3% 526,002 587,080 495,444 651,720 64,640 11.0% 193,278 1977,7762 771,137 1,448,048 1.250 286 632.2% $4,662,267 $5,402,072 $6,776,585 $6,532,118 $1,130,046 20.9% $75,440 $30,000 $45,299 $0 ($30,000) -100.0% 105.739 108,000 163.600 122.00 14.000 13.0% $181,179 $138,000 $208,899 $122,000 ($16,000) -11.6% $49,971 $47,680 $50,190 $50,229 $2,549 5.3% 4,800 4,800 4,800 4,800 0 100.0% 0 0 0 0 0 0.0% 259 716 364,200 364,200 345,770 (18,430) -5.1 % $314,487 $416,680 $419,190 $400,799 ($15,881) -3.8% &TAL EXPENDITURES $13,426,967 $15,290.683 $17.429.148 $19,315,090 $4.024.407 26.3% Page 1 • GENERAL FUND Secretary/Ma Personnel Operations Capital Outlay Total Human Resource Personnel Operations Capital Outlay Total Personnel Operations Capital Outlay Total Economic Development Personnel Operations Capital Outlay otal fv Personnel Operations Capital Outlay Total Finance Personnel Operations Capital Outlay Total Municipal Court Personnel Operations Capital Outlay Total Fire Services Personnel Operations Capital Outlay Total • EXHIBIT "A" PROPOSED BUDGET 1996-97 ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 1995-96 1995-96 1996-97 $ Increase/ % Increase/ 1994-95 Adopted Revised Adopted (Decrease) -Decrease Actual Budget Budges Budget Adopted Adopted 69,297 77,102 88,477 98,903 21,801 28.3% 113,381 127,273 150,673 154,463 27,190 21.4% 15,049 a5m 9.61_@ 6,887 W9 5.7% 197,727 210,893 248,768 260,253 49,360 23.4% 0 0 0 44,294 44,294 100.0% 0 0 0 51,716 51,716 100.0% 0 0 0 0 0 0.0% 0 0 0 96,010 96,010 100.0% 270,509 283,032 314,152 389,989 106,957 37.8% 50,927 70,680 79,550 49,613 (21,067) -29.8% 2.6.87 0 16,400 dim 6-M 100.0% 348,306 353,712 410,102 446,302 92,590 26.2% 46,661 63,433 63,433 63,887 454 0.7% 51,645 61,430 61,430 50,995 (10,435) -17.0% 3$$ 1950 1.950 0 (1950) 0.0% 98,694 126,813 126,813 114,882 (11,931) -9.4% 23,769 26,665 26,019 28,218 1,553 5.8% 639,726 694,295 882,817 937,792 243,497 35.1% 42,993 94.890 71,300 79150 (15,740) -16.6% 706,488 815,850 980,136 1,045,160 229,310 28.1% 169,998 193,831 194,935 238,462 44,631 23.0% 87,699 102,075 108,164 135,379 33,304 32.6% 72M 0 106,909 7.750 7.750 0.0% 258,981 295,906 410,008 381,591 85,685 29.0% 103,680 146,155 146,155 157,361 11,206 7.7% 95,093 91,920 95,350 111,115 19,195 20.9% 3 192 4.400 7.166 3 550 (m -19.3% 201,965 242,475 248,671 272,026 29,551 12.2% 596,438 668,656 720,106 893,272 224,616 33.6% 73,266 85,360 90,259 175,429 90,069 105.5% 114,169 146.150 146,150 273.56 127,413 87.2% 783,873 900,166 956,515 1,342,264 442,098 49.1% Page 3 EXHIBIT "A" • UTILITY FUND Water Utilities Personnel Operations Capital Outlay Total Wastewater Utilities Personnel Operations Capital Outlay Total Personnel Operations Capital Outlay Total Non -Departmentalized Other Debt Service Total I&TAL UTILITY FUND SPECIAL REVENUE- PARKS/RECREATION FUND Operations Capital Outlay Total SPDC FUND Personnel Operations & Maintenance Capital Outlay Debt Service Total GRAND TOTAL • PROPOSED BUDGET 1996-97 ALL FUNDS SUMMARY EXPENDITURES BY FUND/DIVISION/CATEGORY 1995-96 1995-96 1996-97 $ Increase/ % Increase/ 1994-95 Adopted Revised Adopted (Decrease) -Decrease Actual Budget Budget Budaet AdQpted Adopted 360,270 495,225 515,225 460,242 (34,983) -7.1 % 1,940,016 2,316,712 3,115,968 2,883,235 566,523 24.5% 437513 556,t66 464.530 512.720 (43,446) -7.8% 2,737,799 3,368,103 4,095,723 3,856,197 488,094 14.5% 94,383 108,483 112,483 130.008 21,525 19.8% 1,198,035 1,318,810 1,374,328 475,865 (842,945) -63.9% 88.489 30.914 30,914 139,000 108.086 349.6% 1,380,907 1,458,207 1,517,725 744,873 (713,334) -48.9% 0 0 0 0 0 0.0% 350,283 378,000 392,000 483,000 105,000 27.8% 0 0 0 0 0 0.0% 350,283 378,000 392,000 483,000 105,000 27.8% 0 0 0 0 0 0.0% 193 278 197,762 771137 1,448,048 1,250,286 632.2% 193,278 197,762 771,137 1,448,048 1,250,286 632.2% 4,662,267 5,402,072 6,776,585 6,532,118 1,130,046 20.9% 75,440 30,000 45,299 0 (30,000) -100.0% 105.739 108.000 163,600 122.000 14.00 13.0% 181,179 138,000 208,899 122,000 (16,000) -11.6% 49,971 47,680 50,190 50,229 2,549 5.3% 4,800 4,800 4,800 4,800 0 100.0% 0 0 0 0 0 0.0% 259.71-6 324,20 364.20 345.77 (18,430) -5.1 % 314,487 416,680 419,190 400,799 (15,881) 100.0% 13,426,967 15,290,683 17,429,148 19,315,090 4,024,407 26.3% Page 5 EXHIBIT "A" a GENERAL FUND 1996-97 Proposed Budget and 1995-96 Revised Budget 1Q46AM 97alfnd4_wk4 0a/1 s198 REVENUES Ad Valorem Taxes Sales Tax Franchise Fees Fines Charges for Services Permits/Fees Miscellaneous Interest Income Total Revenues EXPENDITURES City Secretary Human Resources City Manager Economic Development Support Services General Gov Total Finance Municipal Court/Teen Court e Total Public Safety Support Public Safety Total Building Inspections Streets/Drainage Public Works Admin Public Works Total Parks and Recreation Community Dev. Total Total Expenditures Net Revenues Proceeds from C.O. Sale/OMer Transfers In Transfers Out Total Other Sources (Uses) Beginning Fund Balance Reserved Fund Balance Ending Fund Balance Fund balance percentage-W • $ Increase/ $.422/$100 $ Increase/ 1994-95 1995-96 1995-96 (Decrease) % Increase/ 1996-97 (Decrease) % Increase/ Actual Adopted Revised Adopted -Decrease Proposed Adopted -Decrease $2,375,342 $2,888,600 $2,898,600 $10,000 0.3% $3,357,212 i $468,612 19.7% 1,033,501 1,341,000 1,522,130 181,130 13.5% 1,846,000 505,000 48.9% 481,616 516,715 509,252 (7,463 -1.4% 636,397 119,682 24.9% 278,290 260,400 391,600 131,200 50.4% 353,600 93,200 33.5% 104,957 94,800 207,600 112,800 119.0% 279,850 185,050 176.3% 1,901,245 1,853,335 2,455,960 602,625 32.5% 2,249,310 395,975 20.8% 73,823 74,075 105,637 31,562 42.6% 105,179 31,104 42.1% 126,907 120,000 120,000 Q 0.0% 143,000 23,000 18.1% $6,375,681 $7,148,925 $8,210,779 $1,061,854 14.9% $8,970,548 $1,821,623 28.6% $197,727 $210,893 $248,768 $37,875 18.0% $260,253 $49,360 23.4% 0 0 0 0 0.0% 96,010 96,010 100.0% 348,306 353,712 410,102 56,390 15.9% 446,302 92,590 26.2% 98,694 126,813 126,813 0 0.0% 114,882 (11,931 -9.4% 706,488 815,850 980136 164,286 20.1% 1,045,160 229,310 28.1% $1 351 215 S1.507.268 $1.765,819 S258,551 17.2% S1T962.607 S455.339 30.2% 258,981 295,906 410,008 114,102 38.6% 381,591 85,685 29.0% 201,965 242,475 248,671 6,126 2.6% 272,026 2.9,551 12.2% S460 946 S538.381 $658 679 $120 298 22.3% $653,617 S115,236 21.4eti 783,873 900,166 956,515 56,349 6.3% 1,342,264 442,098 49.1% 1,304,845 1,447,567 1,411,052 (36,515 -2.5% 2,147,850 700,283 48.4% 608,880 843,124 876,969 33,845 4.0% 935,952 92,828 11.0% $2,697,598 $3.,190,857 $3 244,536 $53,679 1.7% S4.426.066 S1.235.209 38.7% 329,647 385,169 385,169 0 0.0% 453,604 68,435 17.8% 1,058,438 939,197 927,766 (11,431 -1.2% 896,918 (42,279 -4.5% 359,623 443,327 446,81_4 ME 0.8% 723,488 280,161 63.2% $1 747 708 11.767,693 $1 759,749 -0.4% $2,074,010 $306,317 17.3% $389 861 $474 067', $602,684 S128,617 27.1% $952 77_0 $478,703 101.0% $393 321 S391,332 $516,711 S125,379 32.0% $507157 S115,825 29.6% $7,040,649 $7,869,598 $8,548,178 $678,580 8.6% $10,576,227 $2,706,629 34.4% $445,500 $330,000 $100,202 S383.274 ($229,798 $920,000 496,360 556,600 594,607 38,007 633,000 $318.860 $Q` $886.600 $317,521 $Q $1.553.000 $1,542,081 $1,689,294 $1,689,294 $1,669,416 $493,321 S1.689.294 $0 $1,855221 $0 $1,669,416 $0 23.99% 23.57% 19.53% $1.616,737 15.29% Page 7 EXHIBIT "A" • UTILITY FUND 1996-97 Proposed Budget and 1995-96 Revised Budget 1046AM 97alfnd4.wk4 08/15/96 REVENUES Miscellaneous Interest Income Water Sales -residential Water Sates -commercial Sewer Sales Sanitation Sales Other utility charges Total Revenues EXPEN E5 Other DebtService-RevenueBonds Water Sewer Sanitation Total Expenses Net Revenues 0 T In Out In Sources (Uses) Net change In w/c components Beginning fund balance Ending fund balance Noof days working capital • 1994-95 1995-96 Actual Adopted 1995-96 Revised $ Increase/ (Decrease) Adopted i $ Increase/ % Increase/ 1996-97 (Decrease) -Decrease I Proposed Adopted % Increase/ -Decrease $188,878 $85,200 $102,900 $17,700 20.8% $85,900 $700 0.8% 142,490 90,000 90,000 0 0.0% 68,750 (21,250 -23.6% 3,051,223 3,355,175 4,500,000 1,144,825 34.1% 4,250,000 894,825 26.7% 511,344 687.000 537,000 (150,000 -21.8% 475,000 (212,000 -30.9% 511,901 610,000 649,000 39,000 6.4% 590,000 (20,000 -3.3% 396,761 420,000 435,000 15,000 3.6% 508,000 88,000 21.0% 310,156 318,625 380,750 62,125 19.5% 359,000 40,375 12.7% $5,112,753 $5,566,000 $6,694,650 $1,128,650 20.3% $6,336,650 $770,650 13.8% $0 $0 $0 $0 0.0% $0 $0 0.0% 193,278 197,762 771,137 573,375 289.9% 1,448,048 1,250,286 632.2% 2,737,799 3,368,103 4,095,723 727,620 21.6% 3,856,197 488,094 14.5% 1,380,907 1,458,207 1,517,725 59,518 4.1% 744,873 (713,334 -48.9% 350,283 378 000 392,000 14,000 3.7% 483,000 105,000 27.8% $4,662,267 S5.402.072 S6.776.585 $1,374,5131 25.4% i $6,532,118 $1,130,046 20.9% $450.486 S163.92$< ($359 3961 $366,339 $367,879 ` `' $367,879 $698,170 I� (183,745 (1,201,324 (1,187,677 65,170 $2,236,651 $2.503.392 $2,503,392 $1,465.996 $2,503,392 $1233.780 $1,233,780 $1,103.482 196 99 66 62 Page 9 EXHIBIT "A" • SPDC - OPERATING FUND Parks/Recreation 1996-97 Proposed Budget and 1995-96 Revised Budget 1046AM 97alfnd4 wk4 nAH 5 QA REVENUES Sales Tax Interest Total Revenues EXPENDITURES Personnel Operations Capital Total Expenditures Net Revenues Transfers Out Proceeds from C.O. Sale Total Other Sources (Uses) Beginning Fund Balance Ending Fund Balance • • I 1994-95 Actual 1995-96 Adopted 1996-96 Revised $ Increase/ (Decrease) Adopted % Increase/ -Decrease 1996-97 Proposed $ Increase/ (Decrease) Adopted % Increase/ -Decrease $516,750 $670,500 $761,065 $90,565 13.5% $923,000 $252,500 37.7% 17,726 21.000 21,000 0 0.0% 22M0 1.000 4.8% $534,476 $691,500 $782,066 $90,565 13.1% $945,000 $252,500 36.5% $49,971 $47,680 $50,190 $2,510 5.3% $50,229 $2,549 5.3% 4,800 4,800 4,800 0 0.0% 4,800 0 0.0% 0 0 0 0 0.0% Q 0 0.0% $54,771 $52,480 $54,990 $2,510 4.8% $55,029 $2,549 4.9% $479,705 $639,020 $727,075 $88,055 $889,971 $250,951 (251,310 (363,200 (405,200 (344,770 0 0 0 4 (251,310) (363,200 (405,200 (344,770 i $165,451 $393.846 $393,846 $669,666 $393,846 S715.721 $715,721' $1-260.922 Page 11 EXHIBIT "A" �J FUND GENERAL FUND City Secretary/Mayor/Council Human Resources City Manager's Office Economic Development Support Services Finance Municipal Court Teen Court Fire Services Police Services Public Safety Support Building Inspection Streets/Drainage Public Works Administration Parks and Recreation ommunity Development tal Personnel General Fund UTILITY FUND Water Utilities Wastewater Utilities Total Personnel Utility Fund SPDC FUND GRAND TOTAL PERSONNEL SCHEDULE OF PERSONNEL (1) 1994-95 1994-95 1995-96 1995-96 1996-97 Increase Adopted Revised Adopted Revised Adopted (Decrease) Budge Budget Budget Budget Budget Revised 96 1.50 1.50 1.50 2.50 2.00 (0.50) 0.00 0.00 0.00 0.00 1.00 1.00 5.00 5.00 5.00 7.00 6.50 (0.50) 1.50 1.50 1.50 1.50 1.50 0.00 1.00 1.00 1.00 1.00 1.00 0.00 5.00 5.00 5.00 6.00 6.00 0.00 3.50 3.50 3.50 3.50 3.50 0.00 0.00 0.00 1.00 1.00 1.00 0.00 14.20 14.20 15.20 18.20 22.70 4.50 23.00 23.00 27.00 27.00 34.00 7.00 15.00 15.00 18.00 18.00 19.00 1.00 8.00 8.00 9.00 9.00 10.00 1.00 14.00 14.00 15.00 15.00 14.00 (1.00) 4.50 5.50 5.50 5.56 8.50 3.00 5.00 5.00 8.25 8.25 11.25 3.00 6.50�50 7.50 9.50 9.50 0.00 107.70 108.70 123.95 132.95 151.45 18.50 12.00 12.00 15.00 15.00 15.00 0.00 4.O0 4.00 4.00 4.000 500 1.00 16.00 16.00 19.00 19.00 20.00 1.00 1.00 1.00 0.75 0.75 0.75 0.00 Full Time 121.00 122.00 139.00 148.00 167.00 19.00 Part Time 3.70 3.70 4.70 4.70 5.20 0.50 Total Personnel 124.70 125.70 143.70 152.70 172.20 19.50 (1) Part time positions listed as an equivalent percentage of a full time position. • Page 13 • SCHEDULE OF NEW REQUESTS FY1996-97 TOTAL DEPARTMENTIDivision ITEM AMOUNT PERSONNEL OPERATIONS CAPITA GENERALFUND 130-PUBLIC SAFETY (continued) 132-Police Services Four Police Officers (75%-Jan 1 hire) 123,509 123,509 0 0 Two Public Safety Officers (50% April 1 hire) 53,710 53,710 0 0 One Police Officer (50% April 1 hire) 19,223 19,223 0 0 Police Vehicles' 251,375 0 0 251,375 Replacement Body Armor (8) 4,000 0 4,000 0 Portable Radios for New Personnel (7) 8,400 0 0 8,400 Opticom Units (3) for Motorcycle units 5,000 0 0 5,000 Police bicycles (2) with accessories 2,528 0 0 2,528 Chairs (2) and desks (2) for offices 1,700 0 0 1,700 Chairs (12) for briefing -training room 700 0 0 700 Redmon physical training suits (2) 2,000 0 2,000 0 Stinger pursuit termination devices (3) 1,347 0 1,347 0 K-9 bite suit 1,535 0 1,535 0 Personal Data Terminals for Traffic and CID (2)' 12,000 0 0 12,000 NE Tarrant County Childrens Center 3.000 0 3.000 0 TOTAL 490,027 196,442 11,882 281,703 133-Public Safety Support One Relief Communication Specialist(75% Jan 1 hire) 20,316 20,316 0 0 Two Towers and Three Laptops' 12,000 0 0 12,000 16 Portable radios for Fire Service 34,192 0 0 34,192 Training Equipment -camcorder, projector, ect. 6,450 0 0 6,450 Land Acquisition for DIPS Center and 2nd Station • 0 0 4 0 TOTAL 72,958 20,316 0 52,642 140-PUBLIC WORKS • 142-Building Inspections One Building Inspector 30,853 30,853 0 0 One Truck' 23,500 0 0 23,500 Two Computers' 4,000 0 0 4,000 Office Furniture 1.500 0 0 1.500 TOTAL 59,853 30,853 0 29,000 144-Streets and Drainage One Street/Drainage Maint. Worker(50% April 1 hire) 10,538 10,538 0 0 6-7 Yard Dump Truck* 40,000 0 0 40,000 20 Trailer' 7,500 0 0 7,500 Asphalt lay -down machine' 35,000 0 0 35,000 Paint Striping Machine" 4,000 0 0 4,000 Two truck mount and three hand held radios 12,300 0 0 12,300 Air Compressor 5 HP Vertical 1,700 0 1,700 0 Air Compressor SHP portable 700 0 700 0 Office Furniture 1.000 0 0 1.000 TOTAL 112,738 10,538 2,400 99,800 Page 15 EXHIBIT "A" SCHEDULE OF NEW REQUESTS FY1996-97 TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL UTILITY FUND 147-Water Utilities One Water Quality Control Specialist 24,369 24,369 0 0 3/4 Ton Truck 24,500 0 0 24,500 Backhoe Tractor 70,000 0 0 70,000 One Ton Utility Truck 32,700 0 0 32,700 Light Bar & Misc. Equip. for New Truck 3,000 0 0 3,000 Two Way Radios 5,400 0 0 5,400 Trench Shoring 17,000 0 0 17,000 Two Laptop Computers 6,500 0 0 6,500 Two Computers 4,800 0 0 4,800 Laser Printer 2,950 0 0 2,950 Light Tower 3,500 0 0 3,500 Side Boom Hoist 7,600 0 0 7,600 Portable Compressor 1,500 0 0 1,500 Office Equipment 10,820 0 0 10,820 Building Remodeling 39,850 0 0 39,850 Trash pump/saw/hammer 4,600 0 0 4,600 Power Washer 2,800 0 0 2,800 Meters 101,200 0 0 101,200 Meters -Auto Read Equipment 174.000 Q Q 174,000 TOTAL 537,089 24,369 0 512,720 148-Sewer Utilities One Utility Operator Lift Station Maintenance 24,270 24,169 101 0 One ton utility truck 32,700 0 0 32,700 • SCADA system for nine lift stations 74,000 0 0 74,000 3/4 ton pickup truck 21,300 0 0 21,300 Two way radios 4,000 0 0 4,000 Field Equipment .000 0 0 7 00 TOTAL 163,270 24,169 101 139,000 GRAND TOTAL UTILITY FUND 700,359 48,538 101 651,720 SPECIAL REVENUE FUND-PARKS/RECREATION 350-SPECIAL REVENUE FUND (Includes Park Dedication Fund and Park Special Revenue -Other) Land -Bob Jones Park/Bicentennial Park TOTAL ALL FUNDS • 122,000 0 2,462,692 428,036 0 122,000 112,483 1,922,173 Page 17 A _ * • • • DEPARTMEN / i 146-Public Works Admin ITEMS FUNDED THROUGH CONTRACT OBLIGATIONS FY1996-97 145-PARKS AND RECREATION 145-Parks and Recreation 1� • TOTAL ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL Computers' 7,200 0 0 7,200 Laptop Computers' 6,000 0 0 6,000 Printer' 1,600 0 0 1,600 GPS Mapping System and Services' 6,000 0 0 6,000 Scanner' 16,000 0 0 16,000 Color Printer* 1,900 0 0 1,900 Disk Space' 1,600 0 0 1,600 Memory Upgrade Sun Work Station' 3,200 0 0 3,200 Memory Upgrade Plotter' 300 0 0 300 Automobile' 15,000 0 0 15.000 TOTAL 58,800 0 0 58,800 Cash Register' 4,250 0 0 4,250 Computer Hub' 15,500 0 0 15,500 Computer-Admin. Asst.' 2,900 0 0 2,900 Large Stage' 25,000 0 0 25,000 Van' 34,000 0 0 34,000 Field Rake' 8,311 0 0 8,311 Walk behind reel mower' 5,046 0 0 5,046 Full size 3/4 ton Pick Up' 20,000 0 0 20,000 Computer- Maint. Shop' 2,900 0 0 2,900 62" Flail mower' 14,500 0 0 14.500 TOTAL 132,407 0 0 132,407 GRAND TOTAL GENERAL FUND 921,744 0 0 921,744 Page 19 CITY OF SOUTHLAKE EXHIBIT "A" CAPITAL PROJECTS 1996-97 PROPOSED BUDGET 97bond AM 11:20 AM 08/16/96 FY95-96 FY94-95 Adopted FY95-96 FY96-97 Actual Budget Revised Proposed FUND 757-$1.3 MILLION-1993 WATER BOND PROJECTS Revenue Interest income 3,978 0 0 0 Developer Participation (Oakwood Estates) 0 0 0 0 Keller Participation -Beach Str Q 0 0 0 Total Revenue/Other Sources 3,978 0 0 0 Expenditures Engineering contract 10,819 0 0 0 Water line-FM1709 west (Bal. of contract) 0 0 0 0 Water line-N. White Chapel (Oakwood) 0 0 0 0 Pearson Lane Pumps 0 0 0 0 12" High -Pressure 0 0 0 0 8" Peytonville (Cont-FM1709)12" Cont./TWKing 0 0 0 0 Shady Lane water line improvements 121,874 0 0 0 Beach Street Pumps/Upgrade-Keller pump station 24.398 Q Q Q Total Expenditures 157,091 0 0 0 Net Revenue (153,113) 0 0 0 Bond Proceeds (11/92) 0 0 0 0 nsfers In 0 0 6,048 0 sfer Out Q 0 0 0 I Other Sources (Uses) 0 0 6,048 0 Beginning Fund Balance 147,065 (6,048) (6,048) 0 Ending Fund Balance ( (6.048) Q Q Proceeds of the $1.3 million certificates of obligation were used to construct identified water impact fee eligible projects. Water impact fees are being used to pay debt service on this issue. • 2 Page 21 CITY OF SOUTHLAKE EXHIBIT "A" CAPITAL PROJECTS 1996-97 PROPOSED BUDGET 97bond • AM 11:20 AM 08/16/96 FY95-96 FY94-95 Adopted FY95-96 FY96-97 Actual Budget Revised Proposed FUND 752-SEWER IMPACT FEE FUND Revenue/Other Sources Impact fee receipts 518,199 492,500 845,000 630,000 Interest Income 44,435 36,000 40,000 35,000 Developer contributions 0 0 0 0 Total Revenue/Other Sources 562,634 528,500 885,000 665,000 Expenditures S-2 Sewer line (BearCreek/FM1709) 0 0 135,034 70,000 S2A Sewer line (FM1709/Florence) 73,569 400,000 417,500 0 N-3 Sewerline 21,880 0 185,089 0 S-7 Sewer Line (engineering/oversizing) 48,225 0 62,320 0 Coventry line oversizing 9,378 0 0 0 Emerald Est/Lonesome Dove 30,702 0 0 0 Bank Place Sewer 0 0 10,060 0 N-5 Sewer line 2,735 0 0 0 N-1 Sewer line 0 0 106,830 63,482 Gravity Main -Crossroads Square/LakeCrest 0 0 0 125,000 Dove Estates lift station/force main 0 0 0 170,000 Dove Road Sewer Force Main 0 0 0 657,000 N-4 Sewer line 505.742 0 0 0 lExpenditures 692,231 400,000 916,833 1,085,482 6IRevenue (129,597) 128,500 (31,833) (420,482) Bond Proceeds 0 0 0 0 Transfers In 0 0 0 0 Transfers Out 00. 0 0- Total Other Sources (Uses) 0 0 0 0 Beginning Fund Balance 881,682 752,085 752,085 720,252 Ending Fund Balance 752.085 880.585 720.252 Sewer impact fees are collected from builders at the time a building permit is issued. The fees can be used to construct sewer lines identified in the impact fee study or to pay debt service on bonds issued to construct the sewer lines. FY96-97 Budget Receipts are based on 600 permits at an average $1,050. S-2 Sewer line (BearCreek/FM1709)-Allocation to reimburse contributing developers Myers Meadows and Albertson's shopping center for each connection to the sewer system in their developments. N-1 Sewer line -Allocation to reimburse Coventry developers for installation of the N-1 line as the City collects from builders in those developments. Gravity Main -Crossroads Square/LakeCrest-sanitary sewer main construction will eliminate lift station at at Crossroads Square. Dove Estates lift station/force main -convert existing package treatment plant to City sanitary sewer. Dove Road Sewer Force Main-15" sewer main from Carroll lift station to Whispering Dell, and force main from the Dove Road lift station to the McGuire Thomas project. This will redirect sewer flow from the TRA Central Plant to the TRA Denton Creek Wastewater Treatment Plant. • Page 23 CITY OF SOUTHLAKE EXHIBIT "A" CAPITAL PROJECTS • 1996-97 PROPOSED BUDGET 97bond 11:20 AM AM 08/16/96 FY95-96 FY94-95 Adopted FY95-96 FY96-97 Actual Budget Revised Proms FUND 760-WATERWORKS IMPROVEMENTS FUND FY96-97 Budget 6" water main- Ridgecrest,Brian, Hilltop -to improve water system in neighborhoods, initially budgeted in FY95-96, will be done in conjunction with street projects. Water lines -Rolling Hills, Greenbough,Raintree,Brookwood (FY97)-to improve water system in neighborhoods, initially budgeted in FY95-96, will be done in conjunction with street and sewer improvements. Land -ROW Sutton S-2A-to acquire sewer line easements for CDBG grant project Sewer extension-Miron site -to extend sewer from the Walmart site to the elevated water storage tank at the Miron addition. 8" water line North Peytonville-to tie the low pressure plane together 8" water line Woodland Heights -to provide a loop to the Woodland Heights Addition to improve pressure. N. Peytonville 6" sewer line extension -extend sewer line from Myers Meadows northeastern boundary along Peytonville. Continental Sewer main to Public Works facility -to connect the Public Works facility to the S-7 sanitary sewer main. Village Center water/sewer improvements (balance) -improvements to serve the Village Center �J J Page 25 • CITY OF SOUTHLAKE CAPITAL PROJECTS 1996-97 PROPOSED BUDGET FY94-95 Actual FUND -1997 WATER/SEWER BOND PROJECTS Revenue Interest Income Total Revenue/Other Sources Expenditures FY95-96 Adopted Budget 0 0 0 0 EXHIBIT "A" 97bond2.wk4 11:20 AM 08/16/96 FY95-96 FY96-97 Revised Proposed 0 0 0 0 Ground Storage #2/Pump Station T.W. King 0 0 0 2,600,000 20" Transmission water line from Trophy Club 0 0 0 1,300,000 20" Transmission water line pump station/Dove elev. 0 0 0 650,000 12" water line in Continental and Kimball 0 0 0 490,000 1.51VIG elevated storage FM1709/Miron (FY97-98) 0 0 0 0 Total Expenditures 0 0 0 5,040,000 Net Revenue 0 0 0 (5,040,000) Bond Proceeds 0 0 0 5,040,000 Transfers In 0 0 0 0 Transfers Out Q Q Q Q Total Other Sources (Uses) 0 0 0 5,040,000 Beginning Fund Balance 0 0 0 0 ding Fund Balance Q Q Q Q ects are identified in the Impact Fee study, therefore, the debt service on bonds issued for these projects may be paid with collected impact fees. FY96-97 Budget Ground Storage #2/Pump Station T.W. King -to provide additional water supply via a 5 million gallon ground storage facility. Construction of this facility will bring total ground storage capacity to 10 million gallons. 20" Transmission water line from Trophy Club -this line will enable the City to have a second water supply intake point from the City of Fort Worth. 20" Transmission water line pump station/Dove elevated tank -to connect the pump station and storage tank to the distribution system. 12" water line in Continental and Kimball -to reinforce fire flow for the eastern portion of the City. This includes anticipated commercial development along FM1709 and in the Commerce/Bank Street area. • 8 Page 27 CITY OF SOUTHLAKE EXHIBIT "A" CAPITAL PROJECTS 1996-97 PROPOSED BUDGET 97bond • 11:20 AM AM 08/16/96 FY95-96 FY94-95 Adopted FY95-96 FY96-97 Actual Budaet Revised Proposed FUND 703-1993 STREET BOND PROJECT 41.5 MILLION Revenue Interest income 20,067 4.500 4,500 4M_Q Total Revenue 20,067 4,500 4,500 4,500 Expenditures Engineering contract 5,276 0 0 0 Administrative expenses (bond issuance) 0 0 0 0 N. Carroll-Dove/Burney (3,987) 0 0 0 N. Carroll-SH114/Dove 211,231 0 1,925 0 N. Carroll-FM1709/Continental 0 0 0 0 S. White Chapel -Big Bear Creek/FM1709 193,161 0 26,222 0 S. Peytonville Road-FM1709/Continental Blvd. 103.899 0 0 0 Total Expenditures 509,580 0 28,147 0 Net Revenue (489,513) 4,500 (23,647) 4,500 Bond Proceeds (11/92) 0 0 0 0 Transfers In 0 0 0 0 Transfers Out 0 Q 0 0 Total Other Sources (Uses) 0 0 0 0 nning Fund Balance 582,321 92,808 92,808 69,161 ng Fund Balance 92.808 97.308 69.161 73.661 The City issued $1.5 million in general obligation bonds in November 1992 to construct interim road sections identified in the Road Bond Task Force plan. Remaining funds to be used to construct projects identified in Fund 700, 1994 Street Bond Projects on the following page. u 10 Page 29 CITY OF SOUTHLAKE EXHIBIT "A" CAPITAL PROJECTS 1996-97 PROPOSED BUDGET 97bond • 112AM AM 08/16/96 FY95-96 FY94-95 Adopted FY95-96 FY96-97 Actual Budget Revised Proposed FUND 502-PERIMETER ROAD FEE FUND Revenue/Other Sources Perimeter Road Fees 106,737 0 60,556 0 Interest income 6,432 3,000 6,540 0 Total Revenue/Other Sources 113,169 3,000 67,056 0 Expenditures Culvert Improvements 14,998 0 0 0 E. Continental (Timarron/Dominion participation) 55,395 0 0 0 Total Expenditures 70,393 0 0 0 Net Revenue 42,776 3,000 67,056 0 Bond Proceeds 0 0 0 0 Transfers In 0 0 0 0 Transfers Out 0 (124,793) 1( 92,020) 0 Total Other Sources (Uses) 0 (124,793) (192,020) 0 Beginning Fund Balance 82,188 124,964 124,964 0 Ending Fund Balance 124.964 3.171 Q Q City collects this fee from developers whose properties border an identified perimeter road. The funds e used for reconstruction/repair of perimeter roads. Upon adoption of the Street impact fees, tbe erimeter road fee will no longer be collected. Remainder of funds transferred to Fund 501, Infrastructure Reserve, for construction of Randol Mill-FM1709/Kingswood. With adoption of Street Impact Fee in 1996, perimeter road fees are no longer collected. • 12 Page 31 • FUND 503-STREET IMPACT FEE FIND Revenue Impact fee receipts Interest Income Total Revenue Total Expenditures CITY OF SOUTHLAKE CAPITAL PROJECTS 1996-97 PROPOSED BUDGET EXHIBIT "A" 97bond2.wk4 11:20 AM 08/16/96 FY95-96 FY94-95 Adopted FY95-96 FY96-97 Actual Budaet Revised Proposed 0 525,000 50,000 385,000 0 6.000 LM 1.1_,000 0 531,000 51,000 396,000 0 0 0 0 Net Revenue 0 531,000 51,000 396,000 Bond Proceeds 0 0 0 0 Transfers In 0 0 0 0 Transfer Out 0 0 0 0 Total Other Sources (Uses) 0 0 0 0 Beginning Fund Balance 0 0 0 51,000 Ending Fund Balance Q 531.000 51.000 447,000 The street impact fee will be collected from developers at the time of building permit. The funds will not be collected on lots in developments that paid a perimeter road fee. The street impact fees will be used to pay for improvements ntified in the street impact fee study within designated service areas. The fees may also be used to pay for debt ce on bonds issued for street improvements in the impact fee study. • 16 Page 35 01 r City of Southlake, Texas August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 664, 1st reading, Tax Levy Ordinance The FY1996-97 budget as submitted to the City Council proposes a tax rate of $.422 per $100 of a property's taxable value. Part of the tax rate, $.17238 per $100, pays for the retirement of debt that is due during the 1996-97 budget year. The remainder of the tax rate, $.24962 per $100, is used to support General Fund operations of the City, such as police, fire, and inspections. State law requires the City to adopt the tax rate in these two components. On July 25, the Tarrant Appraisal District certified to City management the appraised values of all properties in Southlake. Total taxable value in the City is $1,281,650,132, which is the value of properties as of January 1, 1996. Upon adoption of a tax rate upon second reading, the City's tax collector, Tarrant County, will be notified of the adopted rate. Tarrant County will then apply the tax rate to the taxable values of properties in Southlake, and generate tax statements after October 1. Ordinance No. 664 as presented will adopt the $.422 tax rate, with the rates established for the debt service and operations components. Please place the tax rate levy ordinance on the August 20 agenda for first reading. LAH ORDINANCE NO. 664 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.422 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 1996, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. • WHEREAS, the City Council of the City of Southlake, Texas (hereinafter referred to as the City) hereby finds that the tax for the fiscal year beginning October 1, 1996, and ending September 30, 1997, hereinafter levied for current expenses of the City and the general improvements of the City and its property must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved, by a separate ordinance adopted on the 3rd day of September, 1996, the budget for the fiscal year beginning October 1, 1996, and ending September 30, 1997; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with. 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. Section 2. That there is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 1996, and ending September 30, 1997, and for each fiscal year •thereafter until it be otherwise provided by and ordained on all taxable property, real, personal and mixed, situated within the corporate limits of the City of Southlake, Texas, and not exempt v� , i • Ordinance No. 664 Page 2 from taxation by the Constitution of the State and valid State laws, an ad valorem tax rate of $0.422 for the general operations of the City on each One Hundred Dollars ($100.00) assessed value of taxable property, and shall be apportioned and distributed as follows: a. For the purpose of defraying the current expenses of the municipal government of the City, a tax of $0.24962 on each One Hundred Dollars ($100.00) assessed value of all taxable property. b. For the purpose of creating a sinking fund to pay the interest and principal on all outstanding debt of the City, not otherwise provided for, a tax of $0.17238 on each one Hundred Dollars ($100.00) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding debt. Section 3. That all ad valorem taxes shall become due and payable on December 31, 1996, and all ad valorem taxes for the year shall become delinquent after January 31, 1997. There shall be no discount for payment of taxes prior to said January 31, 1997. A delinquent tax shall incur all penalty and interest authorized by State law Section 33.01 of the Property Tax Code, to -wit: a penalty of six percent (6%) of the amount of the tax for the first calendar month •it is delinquent plus one percent (1 %) for each additional month or portion of a month the tax remains unpaid prior to July 1st of the year in which it becomes delinquent. Provided, however, a tax delinquent by July 1st incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent (1 %) for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 1997, incur an additional penalty of fifteen percent (15%) of the amount of taxes, penalty and interest due; such additional penalty is to defray costs of collection due to contract with the City's attorney pursuant to Section 6.30 of the Property Tax Code. Section 4. Taxes are payable at the office of Tarrant County Tax Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 5. That the tax rolls, as presented to the City Council, together with any supplement thereto, be, and the same are hereby approved. Section 6. That any and all ordinances, resolutions, rules, regulations, policies or provisions inconsistent or in conflict with the provisions of this Ordinance are hereby expressly repealed and rescinded to the extent of the inconsistency or conflict. • Section 7. 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 a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such y r� Ordinance No. 664 Page 3 remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section g. That the necessity of and levying municipal ad valorem taxes of the City 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 , 1996. ATTEST: Sandra LeGrand • City Secretary • PASSED AND APPROVED on first reading this 1996. ATTEST: Sandra LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: Rick Stacy, Mayor day of Rick Stacy, Mayor D:%W P-FlLES\ORD-RES. AGR\6 W-TAX.ORDhD 0 This item left intentionally blank. • 0 8-B • This item left intentionally blank. • 0 &C City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-87 PROJECT: Ordinance No. 480-209, First Reading Rezoning Request Rezoning / A.A. Freeman Survey, Abstract No. 522, Tract 2A1 STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 REQUESTED ACTION: Rezoning for approximately 1.51 acres situated in the A.A. Freeman Survey, Abstract No. 522, Tract 2A1 and being the proposed Lot 2, A.A. Freeman No. 522 Addition. LOCATION: 585 North Peytonville Avenue, southeast of the intersection of Ten Bar Trail and North Peytonville Avenue. OWNERS/APPLICANTS: Mark and Karen Goodwin CURRENT ZONING: "AG" Agricultural District TED ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Medium Density Residential (may include residential and limited low intensity office and/or retail uses) NO. NOTICES SENT: Twenty (20) RESPONSES: One (1) written response within the 200' notification area: • Kenneth Vanderford, 1337 Ten Bar Trail, Southlake,TX,, in favor. "Make it happen! This is the third letter. Get on with it and stop wasting tax dollars on registered letters!" P& Z ACTION: August 15, 1996; Approved (6-0) rezoning request STAFF COMMENTS: Please note that a change of zoning to the "SF -IA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\WP-FILES\MEMO\96CASES\96-087Z.WPD SD-1 EADOW GLEN !012 z 11 l� ` N _ 1 34 _ z1, —1 A�� TR.2C / "SCl , 1 X 61 Ac 6 1.0 41 E. Mincheu : -- -- '�-- ,6 ' D. Deguire M Jostens 63 1t0 \ 75 GLEN COVE fiordi Vander s' 0 4 . \ K 73 2 IN �' Gat y��yl T 2 .P`, , ��sF2nn n • :n J. Tr nail l J. Sullivan _ -- — --- --- ' — — --....-iz> >' R. Kiely J. Ozlelawa 61 iw-- c S. Brennan - 5e 59 c 6: 39R - 40 �" �' 6 s 6 z Ln 63 I 4 , \ C. Chapman , �� s`: \ • 60 m J LLJ lox 500 67 I \ PECOS a 38P. 41c�G C. Moore �� S� q, 52' _ $ - 56 "SF20A" 26 1.0. — 37 Z11 7 J _ a 42 cr 1 1 -_ 36 L' _-- 8 S5 26 x IN ,. I To REDWING U S 43 - _ W a - 54 25 V 35 Z 44 _ 1» _ - 14 -- p 53 10i 41 Tzr s s 2a GREGG 2 i 34 - �. 4 5 CT — I 15 r 1.0 - 33 52 23 xj6 3 46 17 i F _ 4 32 ADJACENT OWNERS N� �- W x AND ZONING 19 s 5 >g � 31 ��\ Spin Representative #13 Lo- 6 1.7 Jirn W. Goggin / OD Q=�?��.: 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 P FREEMANS., �D MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT ..A.. FROM A �RI9131 . ; Z?Ia 4 0TMG SF I " SINI; AMI RESTI�E3, r5 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. REQUESTED ZONING: WHEREAS, the City. of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as '1,AO District under the City's Comprehensive Zoning- Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person • or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these L:\CTYDOCS\ORD\CASES\480-209.SFI Page 1 ^ D, q • 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 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: L:\CTYDOCS\ORD\CASES\480-209.SFI Page 2 e, 1) JIf�_ • Being a Y61i acre tract of land situated in the A AFreemanSur�oybstiaotNo 522 Tract,2, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from �grieul .,,y_ +1StGt to S. <.aSYngle Eariil� Res><de}ti®stt. 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, 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 L:\CTYDOCS\ORD\CASES\480-209.SF 1 Page 3 C> p D ' �p • • until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the MAYOR ATTEST: day of 51996. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L:\CTYDOCS\ORD\CASES\480-209.SF 1 Page 4 ?) D - E APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: • EFFECTIVE: • ATTEST: CITY SECRETARY L:\CT-YDOCS\ORD\CASES\480-209.SFI Page 5 1'F 0 EXHIBIT "A" Commence at a 1/2 inch iron found at the Southeast corner of the above referenced tract, said point being, by deed call, 303 varas East and 1203 varas South, of the Northwest corner of said Freeman Survey, thence South 89 degrees 57 minutes 19 seconds West, 0.6 feet to a point in an existing fence for the Southeast corner and POINT OF BEGINNING of the herein described tract; Thence South 89 degrees 57 minutes 19 seconds West; along the North line of Southridge Lakes Phase III, Section One as shown on a Plat of record in Cabinet "A", Slide 782, Plat Records, Tarrant County, Texas, 164.39 feet to a point in'same and from which said point a 1/2 inch iron at the original Southwest corner of the above referenced tract bears South 25 degrees 20 minutes 24 seconds East .14 feet; -- Thence North 25 degrees 20 minutes 24 seconds West 259.11 feet to a 1/2 inch iron found in the apparent South R.O.W. line of Peytonville Avenue; Thence North 6S degrees 03 minutes 49 seconds East 310.46 feet along said line to a point at the Northeast corner of the above referenced tract and from which said point the center of a 6 inch metal post bears North 23 degrees 50 minutes West 0.47 Ofeet; Thence Southerly with an existing fence line to and along the Westerly line of Southridge Lakes Phase IV, Section One, as shown on a Plat of record in Cabinet "A", Slide 1031, Plat Records, Tarrant County, Texas, the following: • South 01 degree 14 minutes 26 seconds West 85.92 to a capped iron found, South 00 degrees 38 minutes 06 seconds West 60.12 feet to a capped iron found, South 00 degrees 57 minutes 47 seconds West, 145.14 feet to a capped iron found and South 00 degrees 59 minutes 06 seconds West 73.82 feet to the POINT OF BEGINNING and containing 1.61 acres, more or less. L:\CTYDOCS\ORD\CASES\480-209.SFI Page 6 e D _9 t City of Southlake, Texas CASE NO: ZA 6- 3 STAFF CONTACT: STAFF REPORT August 16, 1996 PROJECT: Plat Showing for Lots 1 & 2, A.A. Freeman No. 522 Addition Tom Elgin, Planner II 481-5581, Ext. 753 Dennis Killough, Planner I 481-5581, Ext. 787 REQUESTED ACTION: Plat Showing of Lots 2 and 3, (submitted as Lots 1 and 2), A.A. Freeman No. 522 Addition; being approximately 2.39 acres situated in the A.A. Freeman Survey, Abstract No. 522, Tracts 2A1 and 2AIB. LOCATION: North Peytonville Ave., southeast of the intersection of Ten Bar Trail and North Peytonville Ave. OWNERS/APPLICANTS: Mark Goodwin and Jode R. Wilson CURRENT ZONING: "AG" Agricultural District for Tract 2A1 and "SF-30" Single Family Residential District for Tract 2A1B LAND USE CATEGORY: Medium Density Residential (may include residential and limited low intensity office and/or retail uses) NO. NOTICES SENT: Twenty (20) RESPONSES: Four (4) written response was received within the 200' notification area: • Derek DeGuire, 7312 Plumwood Drive, North Richland Hills, Texas 76180-2800, opposed. "If residential zoning and / or platting is to be allowed on tract 2A1, which at 1.51 acre meets the minimum area under Ordinance 480, Section 33.14 and therefore a septic system would be allowed, why did ZBA not allow a septic system variance for my lot across the street?" • Christine Vanderford, 1337 Ten Bar Trail, Southlake, TX, 76092, in favor, "Please let them get on with building 1, 2, or 3 homes on that land. ASAP." • C. Thomas Chapman, 402 Valverde Court, Southlake, TX, 76092, undecided, "If this is just a rezoning to "SF-30" I'm not opposed as long as there is not a request for a septic variance." • Michael and Kimberly Sanders, 510 Stonewall Court, Southlake, TX, 76092, opposed, "We are opposed at this time due to a lack of sufficient information regarding this request. 8 E' 1 11 City of Southlake, Texas P & Z ACTION: July 18, 1996; Approved (7-0) to table and continue public hearing until August 8, 1996 at the applicant's request. August 8, 1996; item was continued to P&Z meeting of August 15, 1996. August 15, 1996; Approved (6-0) subject to Staff Review Letter No. 1 dated August 2, 1996, amended as follows: 1) it was recommended that item # 11, requiring an informational comment concerning the illegality selling property by metes and bounds, be striken. STAFF COMMENTS: Attached is Staff Review Summary No. 1 dated August 2, 1996. L:\WP-FILES\MEMO\96CASES\96-083PS. WPD IE2.A 3D IE2 I G 2111 10 6(w" I --�—L 7R — I c' 6D70 60 IE IG4 j ic — cg 607P 2B 3MB1 • 607N ID 2A 6D6 ERr 6A,2A to A2 lic 6A2 6A dO I . % N i ' f i A "r 1 rr :1 IIC2 himl IIC2 fiAl MAI ..... . -------- � 6B12 68 68 2848 2Bl 6PTAB601A 17 IAIA 6BI IAIA Al MAU AlAlAIXIA A 2B 4 284 s 4AI C 6B6 6B2 1 28 2C 2 2D E33 2&8 JIM 6B4 605 — 683 IAIA3 1 Ici jo 68" R p UUIT 0 00 a 0 2c1c1 9 9A2 9A1 X D 2 1 Z--,. StArWr A—StO 2c IA IA 'A' tAlA IEI I IE OICI 60 Ac 103 10 ly* ,I-_ 31 A I i 29 Ac ADD. 9.64 AC eA3—.T;T 19 k— f 18 Ac 15 he 3D m —r 3 IA2 I 4 u IAI 3C IA A: IAIA 3cl 28 X2 fzfz ovj- 2 20 & CIA51N 41 1 2A3 2A2 Rv 01,qV 1014 2D I -Z— L O'o 3A EA WE8 A-3 )0 H.J. PADEN SLWWY A-1255 2F A4 32 201 2FJ 2AIA eo 2A5 2AI 3c 6 Ac 3A Al 0 3 1E KKRe," 38 6 Ac r — Ic 12.2 Ac TRACT MAP 5 Ac IAJ 7A-4 4 Ap IAIA I N 9 1A ;_P5 _ I...�� 2A2 IA26 I 2 _ 5 Ac IE IB tJO A-1302 26 Ac ar 12 REDW114—G inchew fps 4 "SFIA" —20A IZ, 77 D De quire 120 oesten 7(, GLEN ('OVE 3 37 co "SF—lA K Vanderford \�Ao, 0 �P ;*> cl� c K Came 2 R2 IB S Ft 7- 69 A e 86 Ac 01\1 to 1 TI AG e SF C;\ 2 — J S - u.1livan J Dzielawa 66, R Brennan R Kiely S? 65 MR 40 City of Southlake, Texas No: ZA 6-83 PLAT REVIEW SUMMARY Review No: One Date of Review: 8/02/96 Project Name: Plat Showing - Lots 2 and 3 (submitted as Lot 1 & 2). A.A. Freeman No. 522 Addition, being 2.471 Acres in the A.A. Freeman Survey Abst. # 522 APPLICANT: Jodie Wilson 4324 St. Gregory Drive Oklahoma City, OK 73120 Phone: (405) 396-8448 Fax SURVEYOR: Lovd Bransom Survevors. Inc. 1028 N. Sylvannia Avenue Fort Worth. Texas 76111 Phone: (817) 834-3477 Fax :(817) 831-9818 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/24/96 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) 481-5581, EXT. 787. s�.>:r: <.:: r ..:�•::ir,:a:::.:xr.�:.x:;.,::. s...�:•::;:.:;,;ri:..;sf:,r.•s:,••c:.s:. t::::�<:.•?:.::<s::>:::z:<w:.•�x�>cc�^r.•:es::ec:•�x�sse•�ssr>:Mss:.r.•..;�naxxc���ii«ffira^;xs.:.ffr..ss..;�:ssxr:ta�r�rrf:sr.,,�:: �:::::::: ^�.:;���.c::�•:c.: 1. Place the City case number "Case No. ZA 96-83" in the lower right corner of the plat. 2. Change the title of the plat to "Plat Showing, Lots 2 and 3, A.A. Freeman No. 522 Addition...", and include gross acreage, number of lots and date of preparation. Make corresponding changes in the owners dedication and on the graphic. 3. Provide the addresses of the record owners. 4. Provide the following standard approval block for multiple -lot plat showings: Approved by the Planning & Zoning Commission Date Chairman: P&Z Secretary: Approved by the City Council Date: Mayor: City Secretary: 5. For each of the unplatted properties to the west and northeast within 200' of this property (including property across the Peytonville R.O.W.) Show property lines and provide the name of record owner and corresponding deed record volume and page. 6. For the platted Cross Timber Hills property north and within 200' of this property show and label lot lines, easements, lot & block numbers, street names, subdivision name and plat record. City of Southlake, Texas 7. Provide current owners' deed references in the legal description. Provide a 5' U.E. along the property lines common to the SouthRidge Lakes addition and along the west line of the westernmost lot. 9. The thoroughfare plan indicates a 60' R.O.W. for the section of N. Peytonville Avenue to which the property fronts. The R.O.W. dedication, therefore, should be 60' from the south line of the Cross Timber Hills Addition. Provide existing R.O.W. dimensions at the property corners of this property to the south line of Cross Timber Hills addition and dedicate R.O.W. accordingly. 10. The front building setback line for the easternmost lot should be 40' as required by the requested SF -IA zoning. 11. Place the following note on the face of the plat: "Selling a portion of any lot within this addition by metes and bounds is a violation of state law and city ordinance and is subject to fines and withholding of utilities and building permits." 12. Please submit a separate drawing or sketch showing the approximate size and location of existing structures with dimensions to the proposed lot & property lines. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * A statement from each taxing authority must be presented to the City showing that all taxes due have been paid prior to filing this plat in the County records. * Original signatures and seals will be required on three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11 " or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 8/12/96 if this request is heard at the August 8 Planning & Zoning Commission meeting. All 17 revised submittals must be folded 6" x 9" and an 11 " x 17" revised reduction must be provided. If this request is not heard on August 8 and the meeting is continued, no new submittals will be required. Denotes Informational Comment cc: Loyd Bransom Surveyors, Inc. Jodie Wilson Mark Goodwin, 5604 Colleyville Blvd., Colleyville, TX 76034, (817) 577-6700, (817) 577-6705 fax LAWP-F1LES\REV\96\96-083PS. WPD �e -5 0 0 a Uff i °JO APO .. 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REC'D J U N 2 4 I/PtPtD A M RA.ttO t SAt9 OPt®pt CATC Atr RN PLAT LOTS! tt A.A. FREEMAN NO. 522 ADDITION 1996. OK A TM[T P lK0 911W[D M M M IImYM LrrrtT. A6,MG1 IQ ea. iAel.Mr 6Wit. 1LTA1 ACCalOO A Pmt KID®M `.41A[ MQ KO W.Y[ a® im.R Lt.tna OPlIIT, ipN 1 1M RAT .11L M CM[T � . IlLC OA11D City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA -44 PROJECT: Rezoning and Site Plan/Race Trac Petroleum STAFF CONTACT: Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 Dennis Killough, Planner I, 481-5581, Ext. 787 REQUESTED ACTION: Rezoning and Site Plan for Race Trac Petroleum, being approximately 2.704 acres situated in Thomas Easter Survey, Abstract No. 458, being a portion of Tract 2, and in the Thomas Easter Survey, Abstract No. 474, Tract 8B. The site plan proposes a 2,989 s.f., single -story convenience store with twenty-four (24) fueling sites. Mr. Dahlstrom, attorney for Race Trac Petroleum, stated that his client proposes a 24-hour operation, that they will meet the City's articulation requirements; however, that they request a variance to the driveway requirements. (See attached letter.) LOCATION: North side of E. Southlake Blvd. (F.M. 1709), being approximately 500' west of the intersection of East Northwest Parkway (S.H. 114) and E. Southlake Blvd. (F.M. 1709). OWNER: Barbara Ann Ward Bradford APPLICANT: Southern Cornerstone, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use/65 Ldn Contour in the Airport Overlay Zone CORRIDOR RECOMMENDATION: Village Center (includes CS, HC, 0-1, 0-2, C-1, C-2, C-3, C-4 district uses) NO. NOTICES SENT: Eleven (11) RESPONSES: Three (3) written responses were received within the 200' notification area: • Barbara Bradford, P. O. Box 100464, Fort Worth, TX 76185, in favor. • Carlos Dorris, 213 Eastwood Drive, Southlake, TX 76092, opposed, "This is the wrong location for a service station. These types of businesses should be comer locations for traffic flow." Also see attached letter from Mr. Dorris. • Wayne R.. and Shirley Holter, 701 Shady Grove #28F, Grand Prairie, TX 75050, opposed, "I believe that the corridor study for the city of Southlake specifically states this type of development should not exist unless it is tied into the comer of any given intersection." li�F__ i City of Southlake, Texas Three(3) written responses were received outside the 200' notification area: • Mack and Scherri Garvin, 6908 Little Ranch Rd., North Richland Hills, TX 76180, opposed. "We feel that the property in question, being a "gateway" to Southlake, should be used for up -scale retail or professional office building site." See attached letter. • Darrell Faglie, 505 South Kimball Avenue, Southlake, Texas 76092, opposed to. "...I have contacted by telephone and person some twenty or so neighbors to determine if C-2 zoning and a Racetrac station is what we really want everyone entering Southlake from the east to see. The general consensus is no." See attached letter. • Sherry Berman, (no address given) opposed. "If RaceTrac really wants to be in Southlake, they should really look for property at 114. Southlake should really save 1709 for quality development; this company does not have the characteristics that fit into this category." See attached letter. P & Z ACTION: May 9, 1996; Approved (4-0) the Applicant's request to table the item until June 6, 1996. June 6, 1996; Approved (5-0) the Applicant's request to table the item until June 20,1996. June 20, 1996; Meeting Canceled due to a lack of Quorum. July 18, 1996; Denied (7-0) COUNCIL ACTION: August 6, ,1996; Approved (6-0) to table to August 20,1996 at the Applicant's request. STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 3 dated August 2, 1996, with the exception of the items addressed in the Plan Review Summary No. 4 dated August 16, 1996. Due to the Commission's recommendation to deny, a super -majority vote (6 of 7) of the City Council will be required to approve this request. L:\WP-FILES\MEMO\96CASES\96-044ZS.WPD 8l -) ATTORNEYS & COUNSELORS MUNSCH4000 FouNTAIN PLACE HARDT 1445 Ross AvENuE KOPF DALLAS, TEXAS 75202-2790 HARR & 0 TELEPHONE (214) 855-7500 FACSIMILE (214) 855-75M DINAN, P.C. http://rampages.onramp.neV-munch/ DALLAS I AUSTIN WRITERS DIRECT DIAL 855-7582 June 10, 1996 Greg Last Director of Community Development City of Southlake 667 North Carroll Avenue Southlake, TX 76092 RE: Zoning Case Numbers 9644 and 96-45 Dear Greg: As you know, this firm represents RaceTrac Petroleum in the above referenced cases. Enclosed please find 17 full-sized copies and one reduction of the revised Site Plan and building articulation diagram. These drawings were revised based on your Staffs comments. • As the representative for RaceTrac Petroleum in this matter, we respectfully request relief from Table One of the City's Driveway Ordinance that deny RaceTrac direct access to their property. RaceTrac Petroleum is willing to abide with the spirit of this regulation by only providing one driveway to their property, however, the two existing driveways that trigger this regulation are totally inadequate for commercial purposes. By requiring RaceTrac Petroleum to rely on these two driveways for access, the City is promoting a situation that endangers the public health, safety and welfare. Therefore, it is our opinion that this variance is warranted. Thank you very much for your consideration of this request. If you have any questions, or if you require any additional information, please do not hesitate to call me. Very truly yours, 4 William S. ahlstrom cc: Max McBrayer (via fax 770/436-9869) Nolan Sims (via fax 770/436-9869) •P.\REbb/kjg T 101/96 AST4.LTR 2 rbb/kjg 6i10!/96 • • E May 29, 1996 RECD J U N 0 3 1996 Greg Last Community Development City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Dear Mr. Last: RE: ZONING HEARING ON JUNE 6, 1996 It is my understanding from the last planning and zoning meeting that Race Trac Oil is asking for zoning of a tract on the western boundary of the Holter Tract. I object to this request based on several points. 1. This type of development does not meet the standards of the corridor study. 2. This type of development should be located on corner tracts as required for good economical development. 3. This proposed zoning request would create a major traffic problem in this area. 4. There is the potential for this particular use to go on the corner of 114 and Southlake Blvd. If the gas station is allowed to go on the proposed site, it might be a detriment to the development of the corner. It is my understanding that Chevron would like to develop the corner. Sincerely, Carlos E. Dorris sF��l REC'D MAY 31 1996 May 28, 1996 0 Mr. Greg Last 667 Carroll Avenue Southlake Texas 76092 Re: Zoning Hearing on June 6, 1996 Dear Mr. Last It has come to my attention that Race Track Oil is seeking approval for a track of land on the western boundry of my property at 3089 East Southlake Blvd. I believe that the corridor study for the city of Southlake specifically states this type of development should not exist unless it is tied into the corner of any given intersection. I do not think that Race Track Oil should be given approval for this zoning change. I believe there is potential for this type of use to go on the corner, and it could be detrimental to development of the corner if Race Track Oil is allowed to put in a Gas Station on the site they propose. • Respectfully /Qj O� c7Ze Wayne and Shirley Holter • July 16, 1996 City of Southlake Planning and Zoning Commission 667 North Carroll Avenue Southlake, Texas 76092 In re: ZA 96-44 Chairman and P&Z Members, My wife and I have been available each time this re -zoning request was to be heard. However, this time we will be out of town and unable to attend your meeting. We are opposed to the construction of a service station on the subject property. We own land to the west and feel that a service station at this location is not in the best interest of the City of Southlake. • We feel that the property in question, being at the "gateway" to Southlake should be used for up -scale retail or professional office building site. We will appreciate your denial of the applicants request for a Race Trac service station. • Sincerely, �Mack and 5cherri Garvin 6908 Little Ranch Rd. North Richland Hills, Texas 76180 REC'D J U L 161996 EP _U • 505 South Kimball Avenue Southlake, Texas 76092 July 17, 1996 Dear Planning & Zoning Members, Due to other obligations I am unable to attend the P & Z meeting tonight. I would like to have this letter read in regard to zoning change case ZA96-44 rezoning and site plan for Racetrac Petroleum. As spin#7 representative I have contacted by telephone and in person some twenty or so neighbors to determine if C-2 zoning and a Racetrac station is what we really want everyone entering Southlake from the east to see. The general consensus is no. Not only are the aesthetics not pleasing, but we feel that a retail establishment of this proportion would be a very dangerous traffic hazard at this location. Imagine if you will, trying to pull out of this single driveway and cross five lanes of traffic in order •to get to the south turn lane in front of the bank. At 6:30 to 9:00 A.M. that lane is already backed up past Commerce Street and much of the time all the way back to Crooked Lane. Now that you have crossed the five lanes of traffic where do you go? No place, you sit and block the east bound lane until someone lets you in. Thank you very much for your consideration on this matter. We trust that you will make the decision that is in the best interest of our neighborhood and city. Sincerely, Darrell Faglie RECD J U L 18 1996 Silipl-A) W6 OFFICE OF CITY SECRETARY July 30, 1996 Mayor & City Council City of Southlake 1725 East Southlake Blvd. Southlake, TX 76092 Dear Honorable Mayor and City Council, I am writing in concern of Ordinance 480-206, Zoning Site Plan 96-44 by RaceTrac Petroleum. Southlake does need another gasoline facility, although this is not what belongs on 1709 in my opinion. If RaceTrac really wants to be in Southlake, they should really look for property at 114. This would attract more of their customer base. Southlake should really save 1709 for quality development; this company does not have the characteristics that fit into this category. RaceTrac takes cash only, no credit cards. Stores like these are IS attraction for robberies. You know the saying, "if you build it they will come", please hold out for better development possibilities for 1709. Sincerely, Sherry Berman u K - 6 SCIB s`` 5N 5P M9 Je< 5A3 SD,' i 5L sB sII sc �` gIM00 ApD — _:_ 3 i SDI x'sA4 it u q M 2B4A f7A1N r-7 ��' 281 281128B 2R7 2B12 2B6 '�' -. 2132 2B 283 289 285 2B10 284 Cj1� -' 4 E - 2D 2C 2C 2L 2H 2F 2J 2p , FV ; -� •� i-4-i-i jig P .-' P 2K m � 2E 20 2R 2u �_- _J _._ � 2AI ?A 584E r� E . - y — - OQD U 582 �;- Y ' 2A.2 PIN 2A1A A -- 582C 3-1G4_Q_ 2AIB 582E 582A �/�� �� '%T ,B3 IB 162 I IA, ICY A-4W pE 3C 3C7 B 1A 19C THWEST PKWY EAST 2E3 2E14 13 384 3B 2E 9 2E 6 2E8 � i )OF) 1 i ' y �usm+ vucc App�N �� 383a - E NIAt i oao 2E5 L__-_- S- �.� HIGHWAY 1 i j 182 1B 0 90 • 28 2C 3 3E 3C 38 ; 2 Rig O r i 181 2A3 2A2A 2A,A AIA' x 2AIB W J 381 F� 34 I WALL 2AIC ST . 302 3D IL. IIA 119 ID 11E — ---•- PAGE �' I. - - ---- 8tdt It f ' 0 b® A T. \118 r A-474 ! j Y t 5 5A - e 13.6 Ac oAK� 3D - ---- IID _ MME -- _ _ ; 1103 6GI 4AI _ - _- 1 K ' 4A4 I I 1 ,ID, ' R is/ I ! 1 1105AI 3B3 3 I GRAPEWNE CITY OMIT 3 Ac _._ .T ' S U IN 4 g)N� - E ;�,RK F`N PARK AV ;.GEZ 6, Ac RIA I, It M� )NDUg? 1 1 �D 4A ONAL D, ,—_i GE I VAIMEY A-1013 NER�fA t5.6 Ac ��, N ro A� . 181 TRACT MAP low Ims 4 ' *02 IAI t tBWI 4A A ,BHC Q\jr� f�i12 M ! 4A2 oAo 3 V 1 IYc�J®UV IBtB � y IAI a GC,' III 11 11 1 22 3�620 12 13A 136� "O-1". 20 Americo Financial vs 58 .5 AC Sq \ 18 "� 14 4 .6 @ �.� "AG„ J A. Smith I IC v TR 36 AC 6.406 @ • TR 381 .054 @ 3UTHLAKE BLVD ' 13 .598 @ R. Pack 1A 558 AC 2 • b oD V3, r _1,. -r EAvTEREY M. Tobleman 5 S A� Q u @ B. Bradford J. Tate 0-1 Q "O-1,, j Y �c •�V @ R. 2 18 c TR 8^ C , DorriS 7 W. Holter "AG" "AG" 8 32A State of Texas R.O.W. 5B 015 @ @ 2_ G. Houdek 4R1R r Texas Nat'l Bank' .1C_3 of . 793 @ 5A 1.835 AC R. Pack IR 3.352 1 J 3 yR2R2 �• 13()16q 2 B n� Spin Representative #7 5 1.58 AC SUO 414 A 6 4R2k3 t F; er 3 ADJACENT OWNERS AND ZONING 1.36 Q 3 I m l .55 AC City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 96-44 Review No: Four Date of Review: 8/16/96 Project Name: Site Plan for "C-2" Zonin - Racetrac Service Station/Convenience tore sit 2.7 35 Acres in the Thomas Easter urve Abstrac No. 474 O WNER/APPLICANT: Racetrac Petroleum Inc. 300 TechnoloQv Court Smvrna Georeia 30082 Phone :(8001 388-8035 Ext 1125 Nolan imm Fax :(7701436-9869 ENGINEER: John D. Zimmerman 908 West Main Street Arlington Texas 76013 Phone : (817) 461-0188 Fax : (817) 795-7880 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT SITE PLAN RECEIVED BY THE CITY ON 8/14/96 AND THE PROJECT BUILDING ELEVATIONS RECEIVED BY THE CITY ON 8/15/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. CLARIFICATION PLEASE CONTACT DENNIS KILLOUGH IF YOU 4HAVE 1, EXT. 787.CITY .. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER a.\e :,.crr Yr�:.ce,: vM..���.> <vo:?;;.;• {•4Y ... i:• nvfry ... is 1 • The proposed full access driveway on this site must be a minimum of 500' from any existing/proposed full access driveway centerline intersecting the north line of Southlake Boulevard. The proposed driveway does not comply with the spacing requirements of the Driveway Ordinance No. 634 as follows: A. The centerline spacing between the proposed driveway and the off -site existing residential driveway to the west is approximately 4091 . B. The centerline spacing between the proposed driveway and the off -site existing residential driveway to the east is approximately 132'. 2. Any exposed structural support columns, including those for the canopy covering the pump islands must be constructed or clad in the same masonry material as the principal structure. 3. Provide vertical and horizontal articulation on the south, east and west facades of the building as required by Ordinance 480, Section 43.9.c.I(c) Corridor Overlay Zone Regulations. Compliance with the articulation requirements are as shown on the attached "Articulation Evaluation No. 3" dated 8/16/96. * Although not required by ordinance, staff would appreciate placing "Case No. ZA 96-44" in the lower right corner of each plan submitted for ease of reference. * The applicant should be aware that any revisions made prior to the next scheduled meeting must be received at the City by 5:00 PM on 8/26/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and include an 11 " x 17" revised reduction. City of Southlake, Texas No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. The applicant should be aware that only one monument sign and one attached sign per street frontage is allowed on the site. Any deviation will require a variance approved by the City Council prior to the issuance of a permit. Protected trees cannot be removed outside of 12' from the proposed building without processing a Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills greater than 4 inches within the limits of the critical root zone of protected tress are not permitted unless adequate construction methods are approved by the Landscape Administrator. Prior to issuance of a building permit a plat must be processed through the City and recorded in the County Plat Records, and a fully corrected site plan, landscape plan, and irrigation plan along with the 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. All mechanical units including satellite dishes must be fully screened of view from F.M. 1709, S.H. 114, and/or from properties within 400' having residential zoning or a low or medium density residential Land Use Designation. It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Denotes Informational Comment cc: Racetrac Petroleum, Inc. John D. Zimmerman Barbara Ann Bradford, P.O. Box 60820, Fort Worth, Texas 76115-8280 Articulation Evaluation Chart LAWP-FILES\REV\96\96-044SP.4 6-c-a Articulation Evaluation No. 3 Case No. ZA 96-44 Date of Evaluation: 8/16/96 &valions for Racetrac Service Station Site Elevations Received 8/15/96 root - facing: Max. wall length Min. artic. offset Min. artic. length Side - facing: Max. wall length Min. artic. offset Min. artic. length Side - facing Max. wall length Min. artic. offset Min. artic. length Rear - facing: is 0 South Wall ht. = 10 Horizontal articulation Required Provided Delta Okay? 30 30 0% Yes 2 3 50% Yes 8 11 38% Yes West Wall ht. = 10 Horizontal articulation Required Provided Delta Okay? 30 15 50% Yes 2 3 50% Yes 4 11 175% Yes East Wall ht. = 10 Horizontal articulation Required Provided Delta Okay? 30 15 50% Yes 2 3 50% Yes 4 11 175% Yes North Wall ht. = 10 Articulation not required a�13 � Vertical articulation Required Provided Delta Okay? 30 32 7% No 2 2 0% Yes 8 14 75% Yes Vertical articulation Required Provided Delta Okay? 30 16 47% Yes 2 3 50% Yes 4 13 225% Yes Vertical articulation Required Provided Delta Okay? 30 16 47% Yes 2 3 50% Yes 4 13 225% Yes uix[p use L.U.D. t 9 "'•S t P.O.B t / r "XW fiEVAT L.U.D. . UIXEO use .om cwvr eirwwa i. SIM DATA Wwwr R,CE"vc ft"CLam MC aix1P pow"k awFAA a NUICFI a3 O3a amr an sa4m Ecr. m NOa -7-ax OwAcr. om M as OCY DF.8,0 H1 AW OF WM M M aFMM MX Lar a0P •.ppN[t�Jp�w son. IET A41EI�01m • fUM 801T. �nAQ ar Vu art cv ew+e • s 1MMAYp 1I��IFi��/��. IQQ(�!� del !AR � Rh�Q1 I a NaM • i!' IMaar CMtlyAlu! 1 lAZS00 >] R. auw m • no as rr. ar as R. -ZO m Fr. •a!A® FYN" ROm • a I®AQ LoamFOXM •0 ul. ago A.o.®- o mnnmm m mco mwot • .�.T,7iR7 f7��...•-, f.'••►^� s'S�i'27i�tf iT1�C�.'f a--1!YIi'7i�f© J;;-a •';� 6W �aan� fir %-�•'•9if*•^earR--�as1>•if, OPSTN3OS® Ao PROPZDMAi � AOIa]LTPE lMO USE OESKWATEN w® m�aa�aa.�ae t•� sTMA STMT CF OJF6TRUCTICN 7MA FMSH OF CONSTFKMClEN BANKS STREET . u�xED use 1 L I I �or`.U.D. . 1 •4�XED use Iaouna� ve�n� Op �A�•1 001Yp Q • dAI�A1a( i l 1 r mw . • WXED Use RECD AUG 141996 CASE No. ZA-96—" It 42 EE 0 | son !0WHOOMM! —~~~ ii---------___---_--_—__----_ an Susanna... UUM M ..... It Um an MMM-0 mmmmmmmmmmmm Is. Jill 0 0 0 • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-204 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 APPROXIMATELY 2.704 ACRES SITUATED IN THE THOMA' EASTER SURVEY, ABSTRACT NO. 458, AND BEING AA PORTION OF TRACT_ 2 AND IN THE THOMAS EASTER SURVEY, ABSTRACT NO.474, BEING TRACT 8B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING • THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and • WHEREAS the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these L:\CTYDOCS\ORD\CASES\480-204.C-2 Page I ��— l I • 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 • 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: L:\CTYDOCS\ORD\CASF-S\480-204.C-2 Page 2 W • Being a 2.704 acre tract of land situated in the Thomas Easter Survey, Abstract No.458, and being a portion of Tract 2, and in the Thomas Easter Survey, Abstract No. 474, being Tract 8B, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "C-2" Local Retail District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, • water, sewerage, drainage and surface water, parks and other commercial needs and development of the community.. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. 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 L:\CTYDOCS\ORD\CASES\480-204.C-2 Page 3 • 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 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 , 1996. MAYOR • ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR L:\CTYDOCS\ORD\CASES\480-204.C-2 1 Page 4 1a (7- n • ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: • EFFECTIVE: • CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-204.C-2 Page 5 KX • EXHIBIT "A" BEING A TRACT OF LAND OUT OF THE THOMAS EASTER SURVEYS, ABSTRACT 458 AND 474 AND BEING THE REMAINDER OF THAT TRACT OF LAND RECORDED. IN VOLUME 3718, PAGE 160, DEED RECORDS TA. RRANT COUNTY, TEXAS, AND BEING . �KURE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT. A FOUND 1/2" GALVANIZED IRON PIPE SAID POINT BEING BY DEED � CALL WEST 423.7 VARAS (117694 FEET) AND N:15°34' W, 9.5 VARAS (26.39- FEI�- OF, THE •NORTHEAST CORNER OF THE. THOMAS EA,STER SURVEY, ABSTRACT' 474, SAID POINT ALSO: BEING IN THE SOUTH LINE OF A IS:FOOT PUBLIC ALLEY AND BEINd. S 3700T ":-.W,,A DISTANCE . OF ISM FEET FROM -A 31.4"- SMOOTH IRON ROD AT'THE i MOST EASTERLY SOUTHEAST ..CORNER OF: LOT 2,' BLQCK A, OAK KNOL1i B . NF.SS l pARi4'ANADDITION_'fO THE. ,CITY OF-SOUTHL.AKFy.AS RECORDED IN VOLUME, 3wz 213, PAGE -53, PLAT RECORDS TARRANT COUNTY, TEXAS; THENCE: S.. 86036.34" W, WITH .THE SOUTH LIkE OF SXID 15 FOOT MMLfiff "ALLEY, A j DISTANCE OF l.." FEET TO A FOUND 3/4" SMOOTH IRON ROD FOR A CORNER, TIIENCi:.S .dt°0S•s0" E; *WITH THE EAST LINE OF A TRACT OF. LAND RE V%UME UW, PAGE 1025, GEED RECORDS TARRANT COUNTY TEXAS CARDED .IN: • . . A DI'iANCL OF 574:45-FEET-TOY -� FOUND-SDIIPT BRASS MONUMENT .IN THE NOItTALINE OF FM 1709�i ' ISO:UTHLAICE.BOUWARD) FOR A CORNER; THEI `N_7S°b2!3S" E. WITH THE NORTH LINE OF FM.1709, A DISTANCE OF 22L36-i AEE'I'IV A FOUND:SDHPT BRASS MONUMENT FOR AN ANGLE -POINT; tftz ' C' E N.65°65'24" E, CONTINUING WITH THE NORTH LINE OF FM 1709, A DISTANC�r OF-38.b2'-TO A.SET 1/2" IRON ROD FOR A CORNER; . _ TIIEjIC,Tr N 07043'i8" W, WITH.TIM WEST LINE OF A TRACT OF LAND RECORDED INi VOLUME 6773t PAGE,1757, DICED RECORD TARRANT COUNTY. -. TEXAS,`A DISTANCE=Oi 288,27 FEFiT-10 A 51tT 112" ° IRON ROD FOR AN -ANGLE POINTID , SAPOINT ALSO BEING=.! . ;I°HB SOUTRWEST:CORNER . OF A 15'+T'UBLIC ALLEY; - 'THENCE N 16°21'1Z" VY, WITH THE WESTERLY LINE OF SAID- 15' PUBLIC* ALLEY. A' DISTANCE OEM 233,96. FEET AND CONTAINING 117,763 SQUARE FEET (2.704 : ACRE). OF' :lAND MtIRE_ OR LESS. L:\CTYDOCS\ORD\CASES\480-204.C-2 Page 6 M1r� utXED use •U.D. r a -- r • P.O.B • 1 % - Y{Y am., FR" 8.&A MN". 1 .")CEO Use LEGEND .a.0 wu.v� t• SITE DATA rAQFrtmaaA K awall .1w No TOM=G4AT tl>t YAf l%Iff91SW w00rt cc � W-IrAQ Mn.m" CKY CrALam N a m m a! axN MAL LOr @ • NJY $WT. • i{.W lq/7. • •11N1� •Q 1lIC OI O tuba m tx>'.etAa[ . 4 A•fAv set PACE. atn r A�9 ai E o �r dtIIlAnOet t Branco L rt. tunes to . sr a rt. or tG eeareo w rt.. s >a.m PA."PA."� • e rA® rMaA rRxcID . ♦ tarns rear® • e toAn4 rea®• 0 COWK=a TO CdMm MO r � 4 oa LOT. ©� © AK- E!R- 1R ems ©arm+—e.s Mr•�esrawmrm r.+� r•:�••-tee_ asr��r�WMIC f Iwo= �[!TfiiT'i��i� BANK$ STREET s _ �11•W .utxED Uge V �I �6 il�� kill 1 utxeD use I lm I-L eLac � nAttn�tt Y!a �t�• lDT 1. IDOt - /J �' � Wr042f LY�D N1K utxED Use L.U.D� ins •c .. RECD AUG 141996 CASE No. SA-9e-" Q N TN 1 va I CPl 5 � • 0 • • • �� .I' uoo..o■■.■i tlD .....■.i.■...■.. BROWN rr____- _----- u■■. ■ ■■... 0000unrut .■■■.■.■■■■■■■■ Daum■oono ���. � Dot:.:■■.. ,- nnnnnnan �. .......... on ......■■..■.■■...t ..mosso: ....■t.. tt■■■■■t■..■ ■� moo• '° 1� 09 ■ 0 ..■....0....... .uu■u■■■■u. ............... ............... nnno■uvo ouuu■■■■■.. vuuouoo • ou■uu■u vuuou. � I vuuu •..0 tt � ... rouootnuuu uoon�ou■ ■■......oaumme ng a•ou■ MONO ou■ RUN .� 1 own .. ::. :. :::so i■ + .t-t_-■_--t-.-• uoo■.00u. nuo■.000t 3-r II L:\CTYDOCS\ORD\CASES\480-204.C-2 Page 8 City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 6-53 PROJECT: Rezoning and Concept Plan/Cotton Patch Cafe STAFF CONTACT: Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 Dennis Killough, Planning Technician 481-5581, Ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for property described as being approximately 1.10 acres situated in the John A. Freeman Survey, Abstract No. 529, being a portion of Tract 2. LOCATION: On the south side of E. Southlake Blvd. (F.M. 1709), being approximately 450' east of the intersection of E. Southlake Blvd. (F.M. 1709) and Westwood Dr. OWNER: Mary Frances Frank Vandergriff APPLICANT: M & P Investments CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use (office, commercial, retail, public/semi-public, low density residential and medium density residential uses) CORRIDOR RECOMMENDATION: Office Commercial (Same as in CS, 0-1, 0-2, B-1, HC, MF-1, and MF-2 districts) NO. NOTICES SENT: Seven (7) RESPONSES: One written responses received within the 200' notification area: • Mary Frances Frank Vandergriff, 2895 Selma Lane, Farmers Branch, Texas 75234, in favor. Seventeen (17) written responses were received outside of the 200' notification area: • George D. Thayer, 217 Eastwood Drive, Southlake, Texas 76092, opposed, "Does not comply with the Corridor Overlay Plan ... no more pad sites are desired." • Diane Faughn, 215 Eastwood Drive, Southlake, Texas 76092, opposed, "This does not conform to the Corridor Overlay Ordinance ... C-2 is already across the street ... amounts to 'spot zoning'." -,oco- k City of Southlake, Texas • John G. and Martha Taylor, 209 Eastwood Drive, Southlake, Texas 76092, opposed, " ...does not fit with the plan of the Corridor Overlay Ordinance ... already plenty of commercially zoned real estate ... would set precedence for 'spot zoning' ... traffic safety problem ... restaurant crowds site." • Jerry Adcock; 204 Westwood Drive, Southlake, Texas 76092, opposed, "I have no objection to Office (0-1) zoning for this tract but I don't believe "C-2" is appropriate in the close proximity to residential." • George and Corrine Tuttle, 219 Eastwood Drive, Southlake, Texas 76092, opposed, "This would not comply with the current Corridor Overlay. We are concerned that this would be encouraging 'spot' zoning." • Karen Markum, 219 Westwood Drive, Southlake, Texas 76092, opposed, "Interferes with current Corridor Overlay causing spot zoning AGAIN if passed." • Dennis and Pattie Minder, 223 Eastwood Drive, Southlake, Texas 76092, opposed, "...opposed to "C-2", in favor of "0-1" designation. ...restaurants should be on north side of 1709 and west of Wal-Mart. Goes against Corridor Overlay ordinance and you would once again have spot zoning." • Russell W. Leavens, 228 Westwood Drive, Southlake, Texas 76092, opposed, "the addition of a spot zoning issue to the (agenda) is a waste of time ... a restaurant at this location will once more cut the value of property ... conflicts with the Corridor Overlay in the master plan ... keep in mind the Boxies Restaurant in Grapevine." • Pat Morgan, 210 Westwood Drive, Southlake, Texas 76092, opposed, "...does not fit with the Corridor Overlay ordinance ... will have plenty of commercial property across the street ... safety problem with high traffic in the area." • Darrell McNutt, 212 Westwood Drive, Southlake, Texas 7609Z opposed, "Property values will decline, ...traffic." • Michael A. Schroetke, 211 Eastwood Drive, Southlake, Texas 76092, opposed, see attached letter. • Gary Miron, dba The Hub, 1675 E. Southlake Blvd., Southlake, Texas 76092, in favor, "I am sending this fax in support of the Cotton Patch Cafe, Case # ZA 96-53." • Jan Miron, Southlake Executive Suites, 1695 E. Southlake Blvd., Southlake, Texas 76092, in favor, "I am sending this fax to voice my support for the Cotton Patch Cafe. ...As I own property across the street from the proposed Cafe, I would enjoy a nice place to eat lunch and or dinner without having to go into Grapevine. Please convey my support of this Cafe to the City of Southlake Zoning Board. Thank You very much." • Dan Johnson, Interactive Training Solutions, phone 817-329-8460, in favor, "I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be <&G - City of Southlake, Texas a great addition to the area. Thank you for considering their application." • Pamela Fagan, Interactive Training Solutions, phone 817-329-8460, in favor, ""I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Ann M. Paul, American Financial Alternatives, phone 817-329-8460, in favor, "I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Lina McCabe, American Financial Alternatives, phone 817-329- 8460, in favor, ""I would like to voice my support for a new Cotton Patch Cafe on E. Southlake Blvd. across from the new Kroger. It would be a great addition to the area. Thank you for considering their application." • Seventy-four (74) written responses, in favor, were received outside of the 200' notification area. These letters of support stated, in part, "... Across the street from the Kroger is a good location for a restaurant. The new light will allow easy access to and from the site. I have heard good things about the Cotton Patch and feel that it would greatly benefit the community." P & Z, ACTION: May 23, 1996; Denied (5-0). July 18, 1996; Approved (7-0) to table and continue public hearing until August 8, 1996. August 8, 1996: Denied (6-1) COUNCIL ACTION: June 4, 1996; Approved (7-0) to remand ZA 96-53 back to the Planning and Zoning Commission for their June 20, 1996 meeting. [Due to lack of a quorum at the June 20, 1996 meeting, this item was continued until the July 18, 1996 meeting.] STAFF COMMENTS: The applicant has met all items in the Plan Review Summary No. 1 dated May 17, 1996 and Plan Review Summary No. 2 dated May 31, 1996, with the exception of those items addressed in the Plan Review Summary No. 3 dated July 12, 1996. Due to the Commission's recommendation to deny, a super -majority vote (6 of 7) of the City Council will be required to approve this request. L:\WP-FELES\WMO\96CASES\96-053ZC.WPD Planning and Zoning Commissioners May 20, 1996 c/o Karen Gandy Planning and Zoning Administrator City of Southlake 667 North Carroll Avenue Southlake, TX 76092 Re: ZA 96-53; Cotton Patch Cafe Dear Commissioners, In considering the above mentioned matter, please take into consideration the intent of the Corridor Overlay Study which was adopted as ordinance 480-S. The recommendations set forth in that study "are intended as a guide for decisions on zoning within the Corridor Overlay Zone" (Page 26). It further anticipates that an "update of the Comprehensive Land Use Plan will incorporate these recommendations in the evaluation of future land uses near the corridors" (Page 26). The Land Use Recommendation Exhibit shown in the study (Page 28) suggests that the south side of Southlake Boulevard between Kimball and Carroll be limited to office zoning. Retail is recommended only at the intersections of FM1709 & Kimball, and •FM1709 & Carroll. the restaurant ad The plan before you suggests we ignore the ordinance. By allowing p site in the proposed concept plan, we will be "spot" zoning a C2 use in an area clearly recommended for office uses. Simply because Council has yet to update the Land Use Plan as the study recommends does not justify approving a C2 use in this area. For the above reasons, I am opposed to the zone change being requested for this site. Show the city Council you are in full support the Corridor Overlay Ordinance by voting no on ZA 96-53. 211 Eastwood Drive Souhlake, TX 76092 (817) 424-0009 0 4 4G 18-94 & I ! 1 -1—F . � 1 "% . . 1 )4 3AW 3AIJ3 4-1 1 H� -- .--. 7-flE 2 2 21 EASt 2AI FA A ATA IZO ic 6 5 1 LL E3 1E le I ic 2C L al 2, 5AI $DIA D2A 2G 5cl 2L— 502 IG 8.75 Ac 502A 5D20 5m 502B 80.1 Ac %3 SAQ2 5W I a IAI 50 L 10(A f RICH RD EADS 3A 3 A—,Vf top IA 391 . Sol X 41. a SEIM THOMA3-4� HA 4 580 28ml ml 20 37 2m 3 28 2A 2 SLWWY A—? V 3 no rN 2BIA 2CJ 5 5c, 1-50-5m 3A2 2C 2C I IN HALL 2CI' 0 SA 2K 2A SA 502 %m 3 ZA 2A -pro-- 562B 5A 5BI IB3 le t RTH X 30 el X 000eolillillillillillillillillillillillillI ST PKWY EAST Ac 3m 39 X. .. ... . ........ Ac FAR !A1z rrION 10 JMD 1709) 30 2A2 lil"EAST SOUTHLIXE BLVD. 3 40 Jd 2C 2B 82A 182 (50 30.6 Ac ON is Ac 20 90 - 13 A 2A3A 2111 Ac 2 ZA 2A3 W WA 2AIA 6.4 3 A6C 2A18 TZ �4-k j ZA 2AIC A 4 ic I 2AU 2AI 12.D9 Ac 11A ID 11E 3A FIA NONA 13.6 Ac JD 11D 4F 38 6G 4AI 2 GH U4 6 1101 20 Ac 4c I DUI 1104 48 3m 3 G6R,,AP-Lc'IW 0 Akww ST. 3 Ac am 6.15 Ac WA 2A 20 2CI 6..%3 1 Ac 6A 683 1A 68 601 2c 6C 10 k fA 60* 61 k 6E 43.Of AC TRACT MAP II I[ 1 11, .. I i .162 0 J_ Farrar a k) Z4 9 - - _-- State of Texas R.O.W. SOUTHLAK6 --- BLVD:-. - ---- - - --- - - --- 1R.182Ai i I 2R1 .091 a ��C_♦ �, t! tea 1R.182A a 0 Tefe—Support n- N 2 '26 nr "AG" G" "AGP# M. Zembrod „O_1„ I B. Willan I M. Frank 2 00f v Spin Representative #8 Pattie Minder / 19R ADJACENT OWNERS AND ZONING 1RR AIG 1p le)R City of South lake, Texas CONCEPT PLAN REVIEW SUMMARY No: ZA 96- 53 Review No: Three Date of Review: 7/12/96 Project Name: Concept Plan for C-2 Zoning - Cotton Patch Cafe 1.11 Ac In the John A Freeman Survey Abst. #529. proposed Lot 3. John A Freeman No 529 Addition APPLICANT: M & P Investments 1850 Crown Drive. Suite 41113 Farmers Branch, Texas 75234-9414 Phone : (214) 831-8747 Fax :(214) 831-1245 ARCHITECT: Cotton Patch Cafe, Inc. 1850 Crown Drive. Suite #1113 Farmers Branch, Texas 75234-9414 Phone: (214) 831-8747 Fax :(214) 831-1245 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/08/96 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. ...............:.::: •}..:...•.'.•.•.;.•............f::f:;:s:;:sa::g:;{.r.+9y/ FF...'.:}.FS.•F:•. f`%•`.:Y:::.`,;::<:::::<:{v�.•,.•i:>:: 1. The zoning of this site will create a "split tract zoning" which is not allowed and would also leave the remaining south portion of the parent tract with no street frontage. 2. An additional 119' of access easement must be obtained from the adjoining property owner to the west i in order to access the proposed entrance to the site. Building articulation requirements will not be reviewed at the Concept Plan level. This issue will be addressed upon review of the Site Plans. Please note that vertical and horizontal building articulation meeting the requirements of Ordinance 480, Section 43.9, Corridor Overlay Zone Regulations, will be required on the north, east and west proposed building facades of the Cotton Patch Cafe Site, and the north, east, south and west proposed building facades of the General Office Site. Although no review of required parking or interior landscape is provided at the Concept Plan level, staff strongly recommends that the lot be evaluated for compliance with the off-street parking requirements per Ord. 480, Section 35, and the interior landscape area requirements per the Landscape Ordinance No. 544 prior to preparation of any site plans. The applicant should be aware that all areas intended for vehicular use must be of an all weather surface material in accordance with the Zoning Ordinance and all fire lanes must be per the City Fire Department. It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. The applicant should be aware that prior to issuance of a building permit, a plat must be processed and approved by the City and filed of record in the County Plat Records, a site plan, landscape plan, and irrigation plan along with the 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. gG-7 City of Southlake, Texas 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. All fire lanes must be per the City of Southlake Fire Department. The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 7/22/96. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and include an 11 " x 17" revised reduction. Denotes Informational Comment cc: Cotton Patch Cafe, Inc. M & P Investments .3 ---DRTGT.---•.Y.,------------ --- — — lTwT------.i..0 /RTL1. ur ..e. o.... .wo w no xd.r r w II y �� • w� _ ......—• .. .. .. _ .. _ - `• s/...r a ar>o ��.:i.' O. wa j s.w•r LD0. rMtm .`r��� 1��.. TT:r.+T,.;T:�:+l,•.?..T..f,�.�T,!�:/:!IT:�� ONN MTYM �'I � • b I fv r( I R. t I �• aa / wh ;j r. / r . I tie / 9 d E 77. O PB ... g��...'�Y''�:::':.i:'yi�.4:y:.•i:,';:':i:e8a:.::.. ..i3u.! I Tr w...cu_od cv::e'" LOT 3 • I i$X � � � � � '�.' re� je$I hl � � des• .; � � a �g3 L�eT,v� I I• I �• . a. y .. I I � I ri �•o �oaane rww :a ] 25' FIRE Is I pb w i reu 1 rli.ar v. rd.ao I� II' I rce•. I L� —— —— — —— — 1— — — — ——_ —--— —--� \4 ® I I IOf ] .ml]� rrTaerND>TIIp u.D.r .em.r • YC.VIm G ZDKO L r' DRJTT NqM - LLTI � * - And � 13f� L18L0 YTa Y1.1VtY '. i a.3• `. >w bR) Y»V� Y.vFNms N�T:w � � YRN 40T > M.6 I )UlL f..aD � • �w VIVTT— ...�w•TM N LDD.. IOSD M3TM - 9DOd r..M® 70 - O � • �. tWT•. 1[N.r r N. rwa•.am ]tN.r . <-3 OM• M]lM -map Yalu® � - n f ; A• d®]@blbd 6YlbYdY:d .� »i8m �@ u T 1 {.VD IaY DLyYNTaY r YS>TMatNT. 1 YaaTu� oTxn Ns, aD]o aa. rt. ror.• . ra. rorT zwo an rt. r T. _ wT - w..• �® s _ w ]' . ro. naTr aao m rt. • •D<r. rar - ]]x)o c - e v • a....Kan•.0 r cdrrne nrar ece-r ow GOnCEPT PUN FOR G-1 COTTON PATCH CAFE a>r ms Y Ya> e'"s = ^ a ) b axe.•i wTxa ooar. nano an rt. mr a a roe rwT .wD ra n. e m 1pO"� iO - e • T DY.+ •a1 ae mwn I.I I ACRES AND 0-1 ZONING G@ERAL OFFICE emr. de•e TYD.� ) -. ] e . To. can am al rt. SAI ACRES ALL IN THE .KJFW A. FREETIAN sour. - xN.Tr .nlrea a . e a�r�'i ri v,n r ciao /niem noTi.i µ� ro ABSTRACT NO. 529. SOUiHLAKE. TARRENT >wm -Yen YaaY® 'n i, i ) y a)oao sn n. rmw. r>. m mo.® w - a : i a •. _ x01 Y,A;Tq. M 11.»IT> Ak W Yl.OrraM VJf ] IwrA 1n. IY) Klm . MIA>n rt. N>i - >aN �� p _ e ) n ). � YYD•TW. �aU M�YnM TO M R1lAle IOT - N .1•Aa'm � - ^ iOT ] Hb. OeaT Ir .OrD . alaD YL R. b�Iw.w�ef�. w..n T Y T.wS YDD MO 1. MR Ou M 1OUtM aR JK 11M 11MI1m lR ]NN TRK )d Tam.wpeq R. a �NTo �.d rui+`�i r.+'� iesw+ars w.�.r Ee>TIW T@<qa rYYKL oY"'..w"'�.:.a.e`w. sw'i a � w :� .Ta. o.•a.« A Yrz ewaNe yn wxn %em xY� v. // Yreaae wwure rNYw 3ar v+wrve >) w rt. z na rcaa) for ] «;rre. � v+ae�.ve c�'seT uw � rrs w rt. ue]Na Y>newcw waeu.o wsT>Y ]awN v na+wo u N. waaem rn.w Y o-�. sm� rile >�o. ir:' .oa . f • so rY Yn nn � �o rw.wc�vues�ewr' 1 11la r.o.cefl YT W A. 3 L.vO u>t DtYYNIIDI n eeaer_ OTnCO. ..an nex.cm ..a• >r. ) • fo rw IO, q .e... 3>.s >dr, .am...s TeW T.ov rNras w.r Tw.0 am. Ce insnae wouxs � ). ru rr,vaert Nu >e tdanrR r..wNr. Mw�� a umr ra .wr.na .w wu�mwri v Tw r�ur .aN v rn-n. wT'iw nwi °Yn w lr - ar aw>o. n. - a rDT •...� x. aT xas ww .. «.eTY.crcY r 15NA To ee nNTTn Y mn>maaaem nAL2MLAma retcDu-aeaD so ®va® 3or s..nwwr rm.wm n� va Ys3u.® �rmr�� v rn rt Y.>...o T..arrn w nm. eT.uuwr rao >r, p >rnrs � reT seer) aenm > — ro a / wveT.en) coma r.TTH u.e •c vm• rwncm rwx sn n. >. n ]es ra .ea•• sn rt. .e>o aaN me euTe we rw oea« D.ne auTe wn a T)� �trr+<an Ne o®rYe er a. nor a Ym+ it us - x Nov oa�wvw�uee aazr ree YeY.TNY .va eawiewrs v TUP e.wx NTN. wm� r�oYo .0 aYaYe �vx x srar � TMrwyw�i � wT��iw �T� � yallf INl�uae w. rw.•-s J eosrsu TY: rnee n rNrn 0 0 0 t J • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-199 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 APPROXIMATELY 1.10 ACRES SITUATED IN THE JOHNS FREEMAN SURVEY, ABSTRACT NO.529, AND BEING THE NORTHERN PORTION OF TRACT 2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "C-2" LOCAL RETAIL COMMERCIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL • ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as f,)VAK4under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the G:\0RD\CASES\480-199. WPD Page 1 •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 original investment was made; and, r 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 - acre tract of land situated in the G:\0RD\CASES\480-i99.WPD Page 2 IZG- 11 • N,P_� c1�) g the northembpprt�an �rac ;2, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from ' "C�" to "� oa1R 1 JS#ict as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable is consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued 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 G:\ORD\CASES\480-199.WPD Page 3 �V'� l- • until final disposition by the courts. • • Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR GA0RD\CASES\480-199.WPD �� Page 4 • ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: • EFFECTIVE: G:\0RD\CASES\480-199. WPD ��� Page 5 �J EXHIBIT "A" BEGINNING AT A 1/Z" IRON PIN FOUND IN THE SOUTH R.O.W. LINE OF SOUTHLAKE BOULEVARD (F.M. HIGHWAY 1709), FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF LOT 2, JOHN A. FREEMAN NO. 529 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARR(4NT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 2473, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 54 MINUTES 58 SECONDS EAST 220.00 FEET ALONG SAID R.O.W. TO A 112" IRON PIN SET FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT ALSO BEING LOCATED IN THE WEST LINE OF A TRACT Of LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 3926, PAGE 504, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 04 MINUTES 56 SECONDS EAST 220.50 FEET ALONG THE WEST LINE OF SAID TRACT DESCRIBED IN VOLUME 3926, PAGE 504, TO A 1/2" IRON PIN SET FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 22 MINUTES 53 SECONDS NEST 214.78 FEET, TO A 1/2" IRON PIN SET IN THE EAST LINE OF SAID LOT 2, JOHN A. FREEMAN NO. 529 ADDITION FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH OI DEGREES 15 MINUTES 54 SECONDS WEST 222.55 FEET.ALONG THE EAST LINE OF SAID LOT 2, JOHN A FREEMAN NO. 529 ADDITION TO THE POINT OF BEGINNING AND CONTAINING 1.10 ACRES OF LAND, MORE OR LESS. G:\ORD\CASES\480-199.WPD Page 6 JLJ A I"W City of Southlake, Texas STAFF REPORT August 16, 1996 CASE NO: ZA 96-85 PROJECT: Rezoning and Concept Plan/Stone Bridge Park STAFF CONTACT: Karen Gandy, Zoning Administrator 481-5581, ext. 743 Dennis Killough, Planner I 481-5581, ext. 787 Attached is a letter from Richard Myers, applicant for the above -referenced case, requesting that the item be tabled until the City Council Meeting of September 3, 1996. As we have previously discussed, only the letter requesting the tabling is included at this time. The entire packet will be forwarded when the case is given full consideration. L:\WP-FILES\MEMO\96CASES\96-085ZC.TBL 8 N�I E20N : PanaSonic FAX SYSTEM PHONE NO. Aug. 16 1996 10:29AM P2 MUM IN IN • Realty Capital Corporation Richard A. Myers Pre.ridtnt August 16, 1996 Mr. Greg Last VIA FACSIMILE City of Southlake 817-488-9370 667 North Carroll Avenue Southlake, Texas 76092 RE: Case ZA 96-85, Rezoning/Concept Plan -Stone Bridge Park Dear Greg: Please ask the City Council to table the aforementioned re -zoning request from their meeting on Tuesday, August 20th until their meeting on Tuesday, September 3, 1996. Please call me with any questions. Thank you. eat a ards, • h A. My • 210 Park Boulevard, Suite 100, Grapevine, Texas 76051 • (817) 488-4200 • Fax (817) 488-5257 k - MU AUG 161996 City of Southlake, Texas MEMORANDUM August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: Resolution Number 96-55, Approving Interlocal Agreement with City of Fort Worth for Participation in the 1996 Household Hazardous Waste Collection Event On October 26, 1996, the City of Fort Worth will be holding a household hazardous waste collection effort. This will be the third year that Tarrant County cities have been invited to participate with Fort Worth. Grant funding has been requested from the Texas Natural Resource Conservation Commission. Pesticides, auto batteries, paint, used motor oil and antifreeze, household cleaners, drain cleaners, and solvents will be collected at a central facility. Attached is an interlocal agreement drafted by Fort Worth. This is essentially the same contract that Fort Worth has used the past two years. Our attorneys are still not comfortable with this agreement due to liability issues and the indemnification clauses. I have attached letters from Mary Drake and Wayne Olson, City Attorneys, regarding these two issues. Contractors chosen by Fort Worth will set up a collection site and handle all waste collection, separation, packaging and disposal. Grant funds, if awarded, may only be used to pay for non - disposal costs -- public education programs, advertising, contractor mobilization, waste transportation, etc. Disposal costs must be paid for by the grant recipient, therefore each participating city will be responsible for a share of the costs based on an estimated number of participating households. The estimated number of households participating in Southlake is 70, therefore Southlake's cost will be $5.253. This cost will be a maximum cost, and may be less if grant funding is approved, there are unexpended funds, and/or the number of Southlake households participating does not exceed the projected number. As a note, Colleyville's participation rate is much higher than the normal. It is very possible that Southlake's participation rate will also be much higher than the assumed rate, which could mean a significant increase in expense next year, should City Council choose to participate again. Fort Worth will handle advertising in the Fort Worth Star -Telegram. If we choose to participate, we would be responsible for any additional advertising at the local level, e.g. the city newsletter. We would also be responsible for providing volunteers to assist at the collection site. Keep Southlake Beautiful has expressed interest in the past in supporting this event. Please place this item on the August 20 City Council Agenda for consideration. If you have any further questions regarding the event, please contact me. 9A-1 City of Southlake, Texas A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING AN INTERLOCAL AGREEMENT FOR PARTICIPATION WITH FORT WORTH IN HOUSEHOLD HAZARDOUS WASTE COLLECTION, AND GUARANTEEING THAT AD VALOREM TAXES WILL BE LEVIED AND A SINKING FUND CREATED IN THE EVENT ANY LIABILITY ARISES BY REASON OF THIS CONTRACT. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake recognizes that improper disposal of household hazardous wastes contributes to non -point source stormwater pollution, and WHEREAS, the City of Southlake is interested in providing its residents a convenient, accessible and cost-effective means of collecting, disposing, and/or recycling their household hazardous wastes, and WHEREAS, the City of Southlake desires to enter into an interlocal agreement with the City of Fort Worth for participation in the October 26, 1996 Household Hazardous Waste Collection event, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. that the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The City of Southlake does hereby agree to release, indemnify, defend, reimburse, and hold harmless the participating cities, their officers, agents, employees and volunteers, as set forth in the attached Interlocal Agreement for Household Hazardous Waste Collection. During each year while there is any liability by reason of said contract, including the calendar year 1996, the City Council of Southlake shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of Southlake, with full allowances being made for tax delinquencies and costs of tax collection, which will be sufficient to raise and produce the money required to pay any sums which may be or become due during any such year, in no instance to be less than two percent (2 %) of such obligation, together with all interest thereon, because of the obligation assumed. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in Southlake for each year while any liability exists by reason of the obligation undertaken by the contract, and said ad valorem tax shall be assessed and collected each year until all of the obligations herein incurred shall have been discharged and all liability hereunder discharged. PASSED AND APPROVED this the day of , 1995. ATTEST: Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor 9A-2 STATE OF TEXAS § COUNTY OF TARR.ANT § KNOW ALL PERSONS BY THESE PRESENTS INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION THIS AGREEMENT is entered into this day of , 1996, by and between the City of Fort Worth, Texas, a home -rule municipal corporation situated in Tarrant County, Texas, hereinafter called "Fort Worth," acting herein by and through Charles Boswell, its duly authorized Assistant City Manager, and the City of I a municipality situated in Tarrant County, Texas, hereinafter called "Participating City," acting herein by and through its duly authorized W I T N E S E T H: WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among municipalities; and •WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another to perform governmental functions and services, and §791.003 (3) (H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a disposal firm and administer a household_ hazardous waste collection event; and WHEREAS, Fort Worth and, Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act; NOW THEREFORE, it is agreed as follows: • INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PAGE 1 9A-3 • 1. DEFINITIONS For the purposes of this contract, the following definitions shall apply: Environmental damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this agreement as a result of the the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, • consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, • INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PAGE 2 9A-4 franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Force majeure shall include decrees of or restraints by a •governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection event, fires, explosions, epidemics; riots, war, rebellion, and sabotage. Fort Worth collection center shall mean the location(s) to be used within the city limits of Fort Worth. Household hazardous waste shall mean any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 Code of Federal Regulations §261.4(b)(1), would be classified as a hazardous waste under 40 Code of Federal Regulations Part 261. Participating cities, when used in the plural, shall mean the City of Fort Worth, Participating City, and all other cities which have entered into interlocal agreements with the City of Fort Worth for the household hazardous waste collection event. Person shall mean an individual, corporation, organization, government,or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. • INTERLOCAL AGREEMENT FOR PAGE 3 HOUSEHOLD HAZARDOUS WASTE COLLECTION 9A-5 •Satellite collection centers shall mean those location(s) used for collection which are located outside the city limits of Fort Worth. • • Waste shall have the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. 2. PURPOSE The purpose of this Interlocal Agreement (hereafter "Contract") is to enter into an agreement between Fort Worth and and Participating City, whereby, subject to the terms and conditions specified below, Fort Worth agrees to purchase the services of a household hazardous waste disposal firm and administer and supervise a regional household hazardous waste collection event, which will be available to households within Participating City. 3. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection event: A. Designate one of its employees to serve on the household hazardous waste collection event planning committee; B. Recruit its citizens to volunteer as workers at the event. C. Coordinate and fund all event advertising targeted to its own citizens, as it deems necessary. 4. ADDITIONAL DUTIES OF A PARTICIPATING CITY IN WHICH A SATELLITE COLLECTION CENTER IS LOCATED If Fort Worth and Participating City agree separately that a satellite collection center will be located in Participating City, Participating City agrees to perform the following services in connection with the household hazardous waste collection event: A. Designate one of its employees to coordinate the event at the satellite collection center with Fort Worth; B. Provide solid waste disposal for boxes, empty INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PAGE 4 9A-6 AUG-06-96 TUE 08:54 ENVIRONMENTAL MGT ADMIN FAX NU 8 H8(1b3bS F.U? containers and other materials brought to the satellite collection center during the event which can be disposed of in a municipal landfill. �J u C. Provide traffic control, including barricades, cones and police officers as necessary at the satellite collection center and adjacent public streets during the event. D. Provide sufficient volunteers to handle traffic control, participant surveys, and handling of recyclable materiala at the satellite collection center during the event. S. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services in connection with the household hazardous waste collection event: A. Administer and supervise a regional household hazardous waste collection event on Saturday, October 26, 1996, at the Fort Worth collection center, and at the satellite collection center. B. Chair a planning committee comprised of cities in the region which are participating in the event. C. Provide a centrally located collection site within Fort Worth for the event. D. Employ personnel, perform administrative activities, and provide administrative services necessary to perform. this Contract. E. Cause the event to be advertised in the Fort Worth Star -Telegram, F. Enter into a contract with a household hazardous waste disposal firm for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste collected at the event. Such firm shall be required pursuant to the contract to assume generator status for the waste collected at the event, excluding materials recycled pursuant to subsection G below, to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Port Worth and all participating cities. IbTERI.)CAL AGREEPMrC FOR HOUSEHOLD HAZARDOUS WASTE CCLLBCTION PALL' 5 9A-7 • • G. Arrange for recycling vendors for used oil, batteries and anti -freeze at no cost to participating cities. 6. RIGHT OF REFUSAL OF WASTE Fort Worth and its contractor shall have the right to refuse to accept waste at the event from a resident of any of the participating cities and to' eject such individual from the premises of the event if in the reasonable judgment of Fort Worth or its contractor: A. The waste is not household hazardous waste; B. The waste fails to meet other criteria established for the event; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of any of the participating cities; or D. The waste or the individual presents a hazard to the event or to persons or property at the event. 7. COMPENSATION A. Participating City agrees to pay Fort Worth the sum of $ 5,253 ( Five thousand,two hudred fiftythree dollars and no cents) as compensation for its share of the non -grant funded costs for the event, which is an amount that fairly compensates Fort Worth for its services under this Contract. This sum shall be paid to Fort Worth no later than ten (10) days following receipt by Participating City of a final cost accounting for the event from Fort Worth, and shall be paid from funds currently available to Participating City. B. The above sum is based upon an estimated seveftty (70) households from Participating City taking part in the event. If after the conclusion of the event there are committed funds as set out above from participating Tarrant County cities left unexpended by Fort Worth on the event, the sum agreed to be paid above shall be reduced on a pro rata basis provided the actual cost for the number of households from Participating City that took part in the event INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PAGE 6 1� • did not exceed the sum agreed to be paid above. C. The cost accounting provided by Fort Worth shall include figures for the total number of households participating in the event, the number of Participating City's households participating in the event, and the total waste collected at the event. 8. INDEMNIFICATION A. Participating City does hereby release, indemnify, reimburse, defend, and hold harmless the participating cities, their officers, agents, employees, and volunteers, from and against any and all liability, claims, suits, demands, or causes of action which may arise due to any loss or damage to personal property, or personal injury, and/or death occurring as a consequence of the performance of this Contract, when such injuries, death, or damages are caused by the sole negligence of Participating City, its officers, agents, employees or volunteers, or the joint negligence of Participating City, its officers, agents, employees, or volunteers., and any other person or entity with the exception of the indemnified city. B. Environmental Indemnification 1. To the extent of its allocated liability as set forth in paragraph (B)(3) below, each of the participating cities does hereby release, indemnify, defend, reimburse, and hold harmless the participating cities, their officers, agents, employees and volunteers, against any and all environmental damages resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse, by any person, of waste which was collected pursuant to this Contract. 2. To the extent of its allocated liability as set forth in paragraph (B)(3) below, each of the participating cities does hereby release, indemnify, defend, reimburse, and hold harmless the participating cities, their officers, agents, employees and volunteers, violations by any person requirements pertaining to transportation, storage, recovery, and/or reuse of INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION against any and all of any environmental the handling, collection, disposal, treatment, waste collected pursuant PAGE 7 9A- 9 �J • to this Contract. 3. Fort Worth and Participating City recognize that a "cradle -to -grave" responsibility exists for waste collected at the event. Fort Worth and Participating City recognize that it will not be possible to identify one city's waste from another's once the waste has been aggregated. Fort Worth and Participating City further recognize that it is necessary to create an equitable allocation of- liability among the participating cities for the waste collected at the event. Therefore, Fort Worth and Participating City agree that the allocated liability of each of the participating cities under this paragraph (B) shall be calculated as follows: the actual number of a city's households contributing waste to the event divided by the actual number of total households contributing waste to the event = X percent. X percent = the percentage of the total volume of waste collected at the event for which such city shall be liable. C. The obligations of the participating cities under this Section shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. D. The obligations of the participating cities under this Section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. E. The participating cities agree that their City Council resolutions (or whatever mechanism is used) that approve this Contract will contain substantially the following language: does hereby agree to release, indemnify, defend, reimburse, and hold harmless the participating cities, their officers, agents, INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PAGE 6 9A-10 • employees and volunteers, as set forth in the attached Interlocal Agreement for Household Hazardous Waste Collection. During each year while there is any liability by reason of said contract, including the calendar year 1996, the City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collection, which will be sufficient to raise and produce the money required to pay any sums which may be or become due during any such year, in no instance to be less than two percent (2°s) of such obligation, together with all interest thereon, because of the obligation assumed. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any liability exists by reason of the obligation undertaken by the contract, and said ad valorem tax shall be assessed and collected each year until all of the obligations herein incurred shall have been discharged and all liability hereunder discharged. Participating City shall submit to Fort Worth a certified copy of the resolution containing the above language, no later than ten business days prior to the day of the event. If Participating City or fails to make this submission as required, it shall not be permitted to participate in the event. 9. IMMUNITY It is expressly understood and agreed that, in the execution of this Contract, none of the participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this agreement are a governmental function. 10. FORCE MAJEURE A delay or failure of Fort Worth or of a Participating City with a satellite collection center to perform services pursuant to this Contract shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth or said Participating City and not due to its fault or negligence. Participating City and Fort Worth shall not have, and hereby waive, any claim whatever for any damages resulting from delays or INTERLOCAL AGREEMENT FOR PAGE 9 HOUSEHOLD HAZARDOUS WASTE COLLECTION 9A-11 . failure to perform caused by a force majeure event. 11. TERMINATION Fort Worth and Participating City shall each have the right to terminate this Contract upon thirty (30) days' written notice to the other parties. 12. NOTICE Any notices required to be given under this Contract shall be delivered as follows: If to Fort Worth: Brian Boerner, CHMM Senior Environmental Compliance Specialist Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 If to Participating City: City Secretary • City of Southlake 1725 E. Southlake Boulevard S_outhlake, TX 76092 13. ENTIRETY This Contract contains all commitments and agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 14. SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. • INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PAGE 10 9A-12 E 15. VENN UE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Contract, venue for said action shall be in Tarrant County, Texas. This Contract is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 17. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this contract on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED IN TRIPLICATE this day of , 1996, in Fort Worth, Tarrant County, Texas. • CITY OF FORT WORTH PARTICIPATING CITY By: BY: Charles Boswell TITLE Assistant City Manager ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney • INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney PAGE 11 9A-13 FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 500 THROCKMORTON STREET FORT WORTH, TEXAS 76102-3821 TELEPHONE (817) 332-2580 (8W) 318-3400 FAX (817) 332-4740 WAYNE K. OLSON August 6, 1996 Mr. Kevin Hugman VIA FAX AND REGULAR MAIL Assistant to the City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 • RE: Household Hazardous Waste Contract Dear Kevin: You asked me to again review the proposed interlocal agreement for household hazardous waste collection between the City of Fort Worth and the City of Southlake. You particularly asked me to review a March 27, 1996 opinion written by Assistant City Attorney, Kathryn A. Hansen of the City of Fort Worth, regarding the indemnification provisions which are set forth in this contract. In a letter date April of this year, Mary Drake gave you an overview of the potential liability to the city for entering into this contract. Therefore, I won't dwell on the liability issues that were covered in Mary's letter. The indemnification provisions are set forth in Section 8 of the contract. Section 8A provides that the Southlake will indemnify all other participating cities for any personal injuries or damages caused by the sole negligence of Southlake. I have no problems with this provision. Section 813 sets forth the terms of the environmental indemnification. This provision provides for indemnification of all of the other participating cities in a proportion and amount based upon the number of households from the City of Southlake contributing waste • f.\files\slake\letters\hugman.001 9A-14 Mr. Kevin Hugman August 6, 1996 Page 2 to the event. This indemnification purports to apply whether or not any particular party is negligent and whether or not any violation of law has occurred. The allocation of liability paragraph explains that it is not possible to identify one city's waste from another's since the waste will be aggregated for transportation and disposal. Therefore, this may be a fair approach to assessing liability should any occur. It should be understood, however, that this provision is meant to apply whether or not liability results from the hazardous household waste event or as a result of some third party's disposal of hazardous waste in the same landfill. It is also meant to apply and bind the city on a proportionate basis even if it can be shown that a particular participating city was the cause of the liability. I question whether this indemnification provision as written would be effective under Texas law if challenged in court. However, if Southlake determines to be bound by this provision, it may choose to accept this indemnification structure. Section 8E requires that the Southlake city council adopt a resolution or other • mechanism to approve the contract which contains specific language guaranteeing that ad valorem taxes will be levied and a sinking fund will be created in the event that any liability arises by reason of the contract. I can only assume that the purpose of this provision is to impress upon the city council at the time of approval of the contract of its commitment to provide for the payment of a debt that may arise in the future. The inclusion of this language in a resolution rather just in the contract appears to be superfluous. It does no harm, however, and it is my understanding that this is a requirement that the City of Fort Worth demands. You have not asked for a discussion on this matter but let me point out that the language required by Fort Worth to be included in the resolution may be insufficient to allow Fort Worth to enforce an obligation upon Southlake to be liable for a future debt arising out of the actions of third parties. Also, the specific language in the contract regarding indemnification for liabilities under the contract does not meet the specific requirements for an "express negligence" clause, and therefore might be challengeable. In conclusion, the disposal of hazardous waste inherently entails potential liability. By entering into this agreement, the city is taking on additional risks of liability above and beyond risks currently being incurred by the city. The council should weight these risks against the benefits that its citizens will derive from participating in this event. If the council is f: files slake letters man.001 hu \ \ \ \ S 9A-15 Mr. Kevin Hugman August 6, 1996 Page 3 decides that the contract is in the best interest of its citizens, it is suitable for adoption as drafted. If you have any questions regarding this matter, please let me know. WKO/wrt/kb cc: Curtis Hawk • • f:\files\slake\letters\hugman.o01 Very truly yours, Wayne K. Olson 9A-16 Am FIELDING, BARR= & TAYLOR, L.L.P. ATTORNEYS • 3400 RANK ONE TOWER 134 N. LA SALLE ST. SW THROCKM+ORTON 9T. slim 2222 FORT WORTH, TX 70102-3821 CHICAGO, rL 60602 1Bt,8MME (917) 332-2590 TELEPHONE (312) 236-7442 FAX (917) 332-4740 FAX (312) 26"361 Of Gerd 1dArtY E- DRAKE I.icaned in the Saw of Texas and 116mis April 16, 1996 Mr. Kevin Hugman VIA FAX 817.488.6796 Assistant to the City Manager City of Southlake 667 S. Carroll Ave. Southlake, T`x., 76092 Re: Household Hazardous Waste Dear Mr. Hugman: As we originally discussed approximately a year ago, participation by Southlake in a Household Hazardous Waste collection event will increase the possibility of environmental liability attaching to the city. The Council may nevertheless decide that there are benefits to be gained by participation which outweigh this factor. The difficulty arises because of the interplay of the two principal environmental regulatory programs initiated by the .federal government, and then delegated to the states. Disposal of Household Hazardous Waste (HHW) falls within the scope of one program but not the other. HHW is a strange beast. It is defined as waste produced by households and similar generators, such as campgrounds, motels, and ranger stations, for example. It is exempted from regulation under the Resource Conservation and Recovery Act, (RCRA) the federal Hazardous Waste handling and disposal statute, and its implementing regulations. The intent is to exempt waste produced by private citizens in their daily activities which, if generated by a commercial or industrial concern, would be subject to regulation as a Hazardous Waste. An example would be paint waste. Cans of leftover paint placed in the household garbage by a citizen and left at the curb are not RCRA regulated Hazardous Waste and can legally be disposed of in a solid waste landfill. However, the same paint disposed of by the paint n=ufaicturer would be a RCRA regulated Hazardous Waste and would be required to be disposed of in a RCRAA, permitted Hazardous Waste landfill following all the RCRA precautions. The RCRA program was originated by the federal government, placed under the supervision of USEPA, and then delegated to the states. The state programs are 9A-17 Household Hazardous Waste • April 16, 1996 Page 2 required to be substantially equivalent to the federal one. Texas, like the vast majority of states, follows the federal scheme and exempts HHW from regulation under the Texas Hazardous Waste handling and disposal regulatory program. This means that there is no prohibition on disposing of HHW in solid waste landfills. (The only exception to this is the disposal of used oil, used oil filters, tires, batteries and items containing CFCs, eg. air conditioners and refrigerators, which is prohibited by the Texas regulations). Let me also state here that, in response to your request I have reviewed Southlake's original waste collection contract with Lakeside Sanitation and the assignment and amendment whereby Laidlaw assumed the contract. I am certain that Laidlaw has no basis upon which to refuse to collect HHW in Southlake, except for those five categories of waste enumerated above. Therefore the decision whether to participate in a HHW collection event should not be made based on the mistaken assumption that the citizens of Southlake have no means to dispose of HHW. Returning to our regulatory analysis, the HHW waste stream does, however, contain "Hazardous Substances" which fall within the scope of the second regulatory program, the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) popularly known as Superfund. Unlike RCRA,, which regulates "Hazardous Wastes", CERCLA regulates "Hazardous substances % when "Hazardous Substances" are "released" into the environment. CERCLA, and the state analog programs, require "Responsible Parties" to perform studies and conduct cleanups of released Hazardous Substances. "Generators" of "Hazardous Substances" are always responsible parties, along with several other categories of entities not relevant to our present discussion. Various studies, now several years old, have shown that there is some percentage of hazardous substances in the ordinary municipal waste stream. From the beginning of the Superfund program USEPA required municipalities to participate as "Potentially Responsible Parties" (PRPs) when evidence existed that a municipality had disposed of its municipal wastes in a landfill which has become a superfund site because of a release to the environment of a hazardous substance. However, public outcry against this practice and the resulting political pressure on USEPA led to the publication in 1989 of an Interim Municipal Settlement Policy (54 Fed. Reg. 5 107 1, Dec. 12, 1989). This document stated, in a nutshell, that USEPA would, generally, "based on cost effective use of enforcement resources", choose not to pursue municipalities who had disposed of municipal waste at Superfund sites unless USEPA had "sufficient evidence to demonstrate the presence of household hazardous waste." The other provisions of the policy do not affect our present discussion. HHW collection programs treat HHW as a RCRA regulated Hazardous Waste. This means that the collected waste is transported for disposal to a RCRA Permitted 9A-18 Household Hazardous Waste • April 16, 1996 Page 3 Hazardous Waste Landfill, It is sent under a Hazardous Waste manifest. A Hazardous Waste generator number is assigned. It is shipped via a licensed Hazardous Waste hauler. These procedures are followed because of the perception that environmental protection is enhanced by keeping these wastes out of solid waste landfills. The program also allows for collection of HHW in sufficient quantity that recyclers will take some of the wastes and keep them from reaching any landfill. This rationale was and continues to be the reason for HHW collection programs. The above procedures are also the reasons why participating in a HHW collection program presents an increased liability exposure to the city. Superfund liability arises then there is a "release" to the environment of a "Hazardous Substance". There are many more Hazardous Waste landfills which are Superfund sites than solid waste landfills. This is true In large part because Hazardous Waste sites are under far greater regulatory scrutiny by both the states and USEPA.. This is as it should be. However, this also means that sending wastes, any wastes, to a Hazardous Waste landfill is far more likely to lead to being a PRP than confining waste disposal to solid waste sites only. I never advise a client to use a Hazardous Waste landfill unless the client needs to dispose of RCRA regulated Hazardous Waste. There is an additional reason to be wary in this situation. Pursuant to the Municipal Settlement Policy EPA reserved the choice to proceed against a municipality • if evidence existed which could be obtained without extensive expenditure of enforcement resources that Hazardous Substances, ie. HHW, had been contributed to a Superfund site by a city. The HHW collection event records would provide that evidence. This would eliminate the need to rely on the past analyses of the content of municipal waste stream to establish a contribution of Hazardous Substances sufficient to trigger Superfund enforcement efforts directed at participating cities. • Further, the CERCLA statute, and its state analogs, provides for joint and several liability on the part of each and all responsible parties. This means that any responsible party, no matter how small a quantity of Hazardous Substances it might have contributed, can be required to foot the entire bill for the cleanup. I realize that there is a mutual indemnification provision in the interlocal agreement governing this event. However, while the agreement would be effective among the participants, the regulatory agencies, pursuant to statute, ignore such agreements. Unfortunately, a city cannot escape Superfund liability simply by confining its HHW and municipal waste disposal to only solid waste landfills. Such landfills have in the past become Superfund sites and continue to become so. However, these landfills are significantly less likely to become tangled in the Superfund web. This is true because they are, deservedly, not observed as closely by the regulatory authorities, and also, because, if there is a release from a solid waste landfill it is less likely to be a release of a hazardous substance, because of the types of waste disposed. Makes 9A-19 Household Hazardous Waste April 16, 1996 is Page 4 sense, right? Further, if there is a Hazardous Substance release from a solid waste landfill it is much more difficult, because of the types of records required to be kept, to determine whether Hazardous Substances were generated by particular customers of the landfill. ?'his is especially true for municipalities for which the records simply indicate, "municipal waste." In order to show that Hazardous Substances have been disposed of in a solid waste landfill by a municipality for purposes of Superfund liability the regulatory authorities would be forced to fall back on the studies, now several years old, which show that there is a percentage of Hazardous Substances in various wastes in the average municipal waste stream. If the regulatory authorities chose to include Southlake as a PRP in a solid waste landfill Superfund site, we could certainly argue, with reasonable expectation of success, that those studies are invalid to show the contribution of a relatively small city, mainly residential, with no manufacturing and a low percentage of commercial development. However, let us change our focus for a moment and look at the environmental considerations. The impetus in the past for HHW collection days was to arrange for the Hazardous Substances in the HHW to be disposed of in a Hazardous Waste landfill because of the added safety factors in such disposal. In the past the added design and operational safeguards available in Hazardous Waste landfills was considerable, and the • environment undoubtedly benefited from these programs. However, I believe this is no longer necessary. Since the passage of the Subtitle D program by USEPA and its adoption and implementation by the states these same safeguards, formerly required only in Hazardous Waste landfills, are now required in solid waste landfills as well. This is true of both new municipal landfills and in new cells, (new areas of disposal) in solid waste landfills which operated prior to SubTitle D and which were allowed to continue operation after the Sub Title D regulations were implemented. These safeguards include double liners consisting of compacted clay and synthetics, along with collection systems, to catch the liquids and prevent their release into groundwater, clay and or synthetic liners over the landfill for the same purpose, landfill gas prevention and collection, groundwater monitoring wells, absolute prohibitions on siting landfills in certain high risk locations. These are the major items. Consequently, the remaining safeguards offered by Hazardous Waste landfills relate to above ground operating protections. These include restricting public access, testing and treatment of wastes before disposal, transportation under manifest and by licensed haulers, financial restrictions and guarantees, certain reports to the regulatory authorities, and strict housekeeping requirements. All of these are valuable when dealing with truly toxic wastes from manufacturing and commercial concerns, typically sent in large quantities, However, with the implementation of the Subtitle D 9A-20 • Household Hazardous Waste April 16, 1996 Page 5 requirements for solid waste landfills the original reasons for HHW collection events haul lost much of their force, Lastly, let me head off at the pass one possible misunderstanding. Ft. Worth has mentioned that involvement in a RHW collection program, may be a necessary part of obtaining approval of federal Storm Water Control programs. Pirst, the storm water Program will not be applicable to municipal sewer systems for cities under 100.000 until 2002 and it is not clear that it will apply to cities under 50,000 even then. So participation by Southlake as a requirement of any approval of permits or programs for Southlake will not be the case for the foreseeable future. Participation in HHW programs is not a part of the statute or regulations governing the storm water control Program• However, Region VI has chosen, for reasons which are not clear to me, and based on authority which is not clear to me, to include such a requirement in the draft storm water permit applicable to Ft. Worth. Participation by Southlake, however, will have no effect on Ft. Worth's standing with Region VI. This has grown to a lengthy letter but I felt I needed to cover the subject in some detail for it to be helpful. Please call if there are questions I have not addressed. CC: Curtis Hawk Wayne Olson Allen Taylor Mary E. Drake 9A-21 City of Southlake, Texas August 16, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing the Mayor to Accept the Amendment to the Lease Agreement with Sprint Spectrum L.P. on the Bicentennial Ground Tower BACKGROUND City Council approved a lease agreement with Sprint Spectrum L.P. on July 2, 1996. The agreement allowed them to attach antennas to the Bicentennial Park Water Tower. At this time, Sprint would like to request two revisions to the previously approved lease agreement. Please see the following requested revisions: Page 4: Section 8C: delete "and a copy of the insurance policy,". Sprint Spectrum L.P. will provide a certificate of insurance, but they request not to provide a copy of the policy. 2. Page 10: execution line for Sprint Spectrum L.P. needs the name of a different person: it should read: Sprint: Sprint Spectrum L.P. A Delaware Limited Partnership By: Jack Hyndman Director of Engineering and Network Operations 1341 W. Mockingbird Lane, Suite 600 E Dallas, Texas 75247 A Sprint Spectrum L.P. Representative should be at the meeting to answer any questions that the City Council may have. COMMENTS Upon the second request from Sprint, we changed page 5 to be consistent with page 10. Staff's recommendation is to place authorizing the mayor to accept the amendment to the lease agreement with Sprint Spectrum L.P. on the Bicentennial Ground Tower for consideration on the Regular City Council Agenda for August 20, 1996. C:\VnMNMWPDOCS\AGREEMEN.IMI\.SPRINTBICEN2. MEM 1 OA-1 1� 03/09/1996 13:49 2147206091 CIVITAS GROUP PAGE 0L L SITE SERVICES b(6. pe+dgow.e.i Ceneeswn�a DATE: 819196 TO: MR. WHITEHEAD DIR. OF PUBLIC WORKS CITY OF SOUTHLAKE, TX FROM: BOB HARKINS PHONE: 720-2238 FAX (214) 720-6091 COVER PLUS �PAGES VIA FAX: (817) 488-609T VOICE: (817) 481-6581 X 741 CC: MR. STEVE PERTNOY ATTORNEY AT LAW, PH (214) 308-8510 VIA FAX: (214) 308-8515 CC: MS. MARGARET MENTA SPRINT SPECTRUM VIA FAX: 640.4789 RE: SPRINT SPECTRUM L P. LEASE ATTACHMENT TO WATER TOWER AT BICENTENNIAL PARK THIS IS TO FOLLOW UP WITH OUR TELEPHONE CONVERSATION TODAY. SPRINT HAS NOT CHANGED THEIR POSITION, THE ATTORNEY FOR SPRINT HAS NOTIFIED US THAT SPRINT WILL NOT PROVIDE A COPY OF THE INSURANCE POLICY BECAUSE IT CONTAINS PROPRIETARY INFORMATION. THERE ARE OTHER BUSINESS ITEMS ON THAT POLICY BESIDES THIS ONE SITE, AND THIS IS NOT AVAILA13LE TO THE GENERAL PUBLIC. OUR NEXT GOAL IS TO GET ON THE AUGUST 20 AGENDA. 1. CAN THE CHANGES OUTLINED BELOW (A & B) BE PLACED ON THE AGENDA OF THE AUGUST 20, 19% MEETING AS A CONSENT ITEM? 2. ONE CONCERN IS WHO FROM OUR SIDE SHOULD BE AT THE MEETING TO MAKE THE CASE FOR SPRINTS POSITION, IF THIS REACHES CONSENT STATUS, WOULD THIS MEAN NO ONE HAS TO BE THERE TO SPEAK FOR SPRINT? WE DO NOT WANT TO HAVE OUR ATTORNEY, OR OUR REAL ESTATE PEOPLE TIED UP IF IT NOT NEEDED. PLEASE LET US KNOW YOUR THOUGHTS ON THIS. 1341 W, MocWrQNrd Lane 603 E • Ddlvv. Texas 75247 • (214)95i-M91 (214)951-9627 FAX A U 6 0 9 1 10A-2 DEPT. OF PUBLIC VNRKS LIO/ U J/ 1'7yb 1.3: 4y L14 f zubuljl Ulvi l At3 UKUUh- f "(JL GL SITE SERVICES CHANGES REQUIRED TO THE LEASE: A. PAGE 4: SEC 8 C: DELETE 'AND A COPY OF THE INSURANCE POLICY,*. SPRINT SPECTRUM WILL PROVIDE A CERTIFICATE OF INSURANCE, BUT WILL NOT PROVIDE A COPY THE POLICY- B. PAGE 10: EXECUTION LINE FOR SPRINT SPECTRUM NEEDS THE NAME OF A DIFFERENT PERSON: SHOULD READ: SPRINT: SPRINT SPECTRUM L. P. A DELAWARE LIMITED PARTNERSHIP I" JACK HYNDMAN DIRECTOR OF ENGINEERING AND NETWORK OPERATIONS 1341 W. MOCKINGBIRD LANE SUITE 6W E DALLAS, TX 75247 GAVE BOB HARKINS A CALL TO LET US KNOW WHAT THE STATUS IS. THANK YOU. PS: AT SUCH TIME AS WE HAVE A REVISED LEASE, PLEASE SENT TO MS. MENTA AT 1341 MOCKINGBIRD LANE 96001-, DALLAS, TX 75247 1341 W_ Mack bird Lam 803E • t7atlas. Texas 75247 ■ (214)951-8M1 MI)951-9627 FAX 10A-3 GROUND AND TOWER LEASE AGREEMENT SITE ID: R0034A THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this day of , 1996, by and between City of Southlake, Texas, a municipal corporation ("OWNER"), and SPRINT Spectrum L.P. ("SPRINT"). In consideration of the premises and of the mutual obligations and agreements in this Lease, the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as Bicentennial Water Tower ("Tower") at 400 North White Chapel, City of Southlake, County of Tarrant, State of Texas ("OWNER's Property") which is described on the attached Exhibit "A I." The parties agree that the legal description of OWNER's Property may be attached as Exhibit "AI after execution of this Lease. B. SPRINT hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank ("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property") as set forth in Exhibit "AT'. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER. In addition, SPRINT shall have the right to run cables and wires under, over and across OWNER's Property to connect SPRINT's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER - SPRINT may park its vehicles on OWNER's Property when SPRINT is constructing, removing, replacing, and/or servicing its communications facility. C. SPRINT covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as tQ the condition of the Property or Tower or their suitability for the purposes and uses herein intended. SPRINT accepts the Property in its present condition and finds it suitable for the purposes herein intended OWNER hereby grants SPRINT the right to obtain a title report, soils tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that SPRINTs's use of the Property will be compatible with SPRINT's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). D. OWNER and SPRINT further agree that the Property (including an access right-of-way thereto but excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of SPRINT, and such survey shall then replace Exhibit "AT' and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. 2. LEASE AND EASEMENT OWNER leases the Property to SPRINT and grants to SPRINT a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables,'' conduits and pipes from the Property to the appropriate, in the discretion of SPRINT, source of electric and telephone facilities. 3. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on , 1996 ("Commencement Date") at an Annual Rent of Eleven Thousand Forty Dollars ($11,040), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty (30) days before any rent payment date. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 1 OA-4 B. SPRINT is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then -current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent (15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3.C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least ninety (90) days written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. SPRINT may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required SPRINT antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. SPRINT shall not use or permit the Property to be used for any purposes other than described above without the written consent of OWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be configured as requested by SPRINT from time to time provided SPRINT obtains, pursuant to Paragraph 4.B. , all permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by SPRINT on the Property, which review and action shall not be unreasonably withheld or delayed. Improvement of the Property to meet SPRINT's needs shall be at SPRINT's sole expense, and SPRINT shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that SPRINT's ability to use the Property for its intended purposes is contingent upon SPRINT's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by SPRINT. OWNER shall cooperate with SPRINT in SPRINT's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect SPRINT's obtaining or maintaining such Governmental Approvals, so long as SPRINT is in compliance with applicable provisions of the Southlake City Charter, ordinances, and rules. 5. TERNIINATION Provided SPRINT is not in default hereunder, if any of the following occurs, SPRINT shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. A. SPRINT determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for SPRINT intended use of and improvements to the Property desired by SPRINT; or B. SPRINT's application for any Governmental Approvals necessary for SPRINT's use of the Property and improvements desired by SPRINT's is denied; or C. any Governmental Approvals necessary for SPRINT's use of the Property and/or improvements to the Property, whether now or hereafter desired by SPRINT, are canceled, expired, lapsed or are otherwise, terminated or denied so that SPRINT, in its reasonable judgement, determines that it will no longer be able to use the Property for SPRINT's intended use; or D. the Federal Communications Commission allocates the frequencies at which SPRINT may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in SPRINT's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 2 10A-5 E. if SPRINT determines that the Property has become unsuitable for SPRINT's operations due to changes in system or network design or in the types of equipment used in such operations or SPRINT's operations at the Property become unprofitable. F. Provided SPRINT is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by SPRINT, SPRINT shall have the right to terminate this Lease at any time after ten (10) years upon one (1) year prior written notice to OWNER. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to SPRINT. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to SPRINT should OWNER, in its sole discretion, determine that the Tower upon which SPRINT's equipment is to be installed should be removed or dismantled. Notwithstanding anything herein to the contrary, any breach, default or failure by SPRINT to perform any of the duties or obligations assumed by SPRINT under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall deliver to SPRINT ten (10) days prior written notice of its intention to so terminate this Lease, including in such notice a reasonable description of the breach, default or failure. If SPRINT shall fail or refuse to cure, adjust or correct same to the reasonable satisfaction of OWNER within said ten (10) days written notice to SPRINT, to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of SPRINT hereunder shall cease and terminate and SPRINT shall, within (10) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event SPRINT does not vacate the Property within said period, OWNER may, without being deemed guilty of trespass, and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. Any termination notice rendered by SPRINT pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of SPRINT (as defined below), SPRINT shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to SPRINT's request within ninety (90) days after OWNER's receipt of such request. B. TCI, Cox Communications and Concast are each a Partner Company. C. No consent by OWNER to any assignment or sublease by SPRINT shall relieve SPRINT of any obligation to be performed by SPRINT under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve SPRINT from the obligation to obtain OWNER's express written consent to any other assignment or sublease. D. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock of SPRINT, if SPRINT is a corporation, or any sale or other transfer of a majority in interest (whether of profits, losses, capital or voting power) or a majority of the persons composing the managers of the partnership, if SPRINT is a partnership, shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to SPRINT within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or (b) to repair, restore and/or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by SPRINT, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 1 OA-6 OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate SPRINT's .equipment or antenna array. In the event that following repairs, the Tower is no longer suitable for SPRINT's intended uses, SPRINT's sole remedy shall be to terminate this Lease. C. If OWNER (a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45) days after the casualty, or (b) notifies SPRINT of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to SPRINT the written notice required under Paragraph 7.A. within twenty (20) days, then SPRINT may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. SPRINT hereby agrees to indemnify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of (i) the acts or omissions of SPRINT, its agents and employees in, on or about the Tower, including the Property, excepting however, such claims or damages as may be due to or caused solely by the acts or omissions of SPRINT, its employees or agents, and/or (ii) SPRINT's breach of any term or condition of this Lease on SPRINT's part to be observed or performed. B. OWNER hereby agrees to indemnify and hold SPRINT harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of (i) the acts or omissions of OWNER, its agents and employees in, on or about the Tower, including the Property, excepting, however, such claims or damages as may be due to or caused solely by the acts or omissions of SPRINT, its employees or agents, and/or (ii) OWNER's breach of any term or condition of the Lease on OWNER's part to be observed or performed. C. SPRINT shall provide OWNER with a certificate of insuranceNIMEMissued by an insurance company licensed to do business in the state in which the Tower is located indicating that SPRINT carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. SPRINT will provide OWNER with a renewal certificate within ten (10) business days of each renewal. Any insurance required to be provided by SPRINT under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of SPRINT, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required SPRINT may also fulfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If SPRINT elects to self - insure, then SPRINT shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of SPRINT herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. SPRINT agrees to furnish OWNER with certificates of insurance certifying that SPRINT has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER D. Each hazard insurance policy carried by or on behalf of SPRINT insuring SPRINT's antennas and equipment located on or about the Property shall provide standard extended coverage, including without limitation, coverage against losses l caused by fire. The parties further agree and hereby release each other with respect to any claim (including a claim for. negligence)which the other party may have against such party for loss, damage or destruction of, or liability for damages to, the property of the other occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary, the provisions of the Subparagraph 8.1). shall control. 9. UTILITIES A. SPRINT shall be responsible directly to the serving entities for all utilities required by SPRINT's use of the Property; however, OWNER agrees to cooperate with SPRINT in its efforts to obtain utilities from any location provided by the GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 4 10A-7 OWNER or the servicing utility. Should electric power be provided by OWNER, SPRINT will install an electric meter and SPRINT's usage shall be read by OWNER or, at OWNER'S option, by SPRINT, on an annual basis and the cost of electricity used by SPRINT shall be paid by SPRINT to OWNER annually as a payment separate from rent and shall be computed at the then - current public utility rate. B. Should a power outage occur so that SPRINT is unable to operate using power from the electric utility, SPRINT may operate with an electric generator, but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. SPRINT's antennas and equipment shall remain personal to and the property of SPRINT. At the termination or expiration of this Lease, if notice is received from OWNER, SPRINT shall remove its antennas and/or equipment. SPRINT shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of SPRINT's equipment or other property that has not been removed from the Property at the time of Lease termination shall be deemed abandoned by SPRINT and OWNER shall be free to dispose of same in any manner OWNER chooses and without any liability to SPRINT therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to SPRINT within one hundred eighty (180) days after the removal of antennas and equipment by SPRINT or OWNER shall be deemed to have irrevocably waived any and all such claims. 11. SPRINT DEFAULTS SPRINT: A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by (1) The failure by SPRINT to make any payment of rent or any other payment required to be made by SPRINT hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof is received by SPRINT from OWNER. (2) The failure by SPRINT to observe or perform any of the covenants or provisions of this Lease to be observed or performed by SPRINT, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of ten (10) days after written notice thereof is received by SPRINT from OWNER; provided however, that it shall not be deemed an Event of Default by SPRINT if SPRINT shall commence to cure such failure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by SPRINT, in addition to any other remedies available to OWNER at law or in equity, OWNER shall have the option to terminate this Lease and all rights of SPRINT hereunder. 12. NOTICES All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or as otherwise provided under applicable state law. Should OWNER or SPRINT have a change of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from SPRINT shall be sent to the person listed below to whom notices are sent. SPRINT: Sprint Spectrum L.P. Address: 1341 West Mockingbird Lane, Suite 600 E, Dallas, Texas 75247 Telephone Number: (214) 640-0120 GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-8 5 With a copy to: Business Law Group Address: 4717 Grand Avenue, 5th FL, Kansas City, MO 64112 OWNER: City of Southlake, Texas Attn: Curtis E. Hawk, City Manager Address: 667 North Carroll Avenue Southlake, Texas 76092 Telephone Number: (817)481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER, at any time during the term of this Lease, sell, lease transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than SPRINT, then such transfer shall be under and subject to this Lease and all of SPRINT's rights hereunder. 14. HAZARDOUS SUBSTANCES A. SPRINT represents, wan -ants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit "B"). OWNER represents and warrants that it has received no notice of, nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and wan -ants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of Hazardous Substances as defined in Exhibit "B" attached hereto. B. OWNER shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law, of all spills or other releases of Hazardous Substances, not caused by SPRINT, that have occurred or that may occur on the OWNER's Property, arising from OWNER's activities on the Property. C. SPRINT agrees to defend, indemnify and hold OWNER harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from SPRINT's activities on the Property during the term of this Lease. D. OWNER agrees to defend, indemnify and hold SPRINT harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that SPRINT may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the term of this Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then OWNER agrees that SPRINT may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for SPRINT's purposes, provided such space is available. The exact site to which SPRINT may relocate will be determined by OWNER, and it may be upon any portion of OWNER's Property (or other property owned or controlled by OWNER) provided that SPRINT reasonably approves the site as equally suitable for SPRINT's intended uses. OWNER will GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) I 10A-9 designate a site to which SPRINT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of SPRINT, then SPRINT may terminate this Lease. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are paid for by OWNER, and SPRINT hereby expressly assigns to OWNER any and all right, title and interest of SPRINT now or hereafter arising in and to any such award. SPRINT shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to SPRINT on account of the leasehold interest of SPRINT now or hereafter arising in and to any such award. SPRINT shall have the right to recover from such authority, but not from OWNER, any compensation as may be awarded to SPRINT on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of SPRINT. 16. LIENS SPRINT shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for SPRINT. SPRINT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits SPRINT to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for navment for anv such work. 17. TAXES SPRINT shall be liable for and shall pay to the applicable taxing authority if billed directly to SPRINT, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any personal property or trade or other fixtures placed by SPRINT in or about the Property. SPRINT shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, as a result of improvements constructed by SPRINT on the Property. SPRINT will not be responsible for any increases in real property taxes which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that SPRINT, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have and enjoy the Property. B. SPRINT covenants and agrees that SPRINT's equipment, its installation, operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER or other operators prior to installation of SPRINT's antennas and/or transmission lines on the Tower. SPRINT shall coordinate with OWNER and all other operators of radio equipment at the Tower to insure that SPRINT's frequencies and antenna locations will be compatible with said existing radio equipment . In addition, in the event OWNER desires to install additional radio equipment at the water tower site in the future, SPRINT agrees to take all reasonable measures to eliminate any interference with said radio equipment, however, in no event shall SPRINT be required to move its antennas or equipment on the tower site or the equipment building. In the event there is harmful interference to said electronic equipment, SPRINT will promptly take all steps to eliminate said harmful interference with ten (10) days after notice from OWNER or such other operator to SPRINT advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, SPRINT agrees to suspend operations (transmissions) at the site while the interference problems are studied and a means found to mitigate them. If said shainterf erence c bet bee elimina dam' then SPRINT shall remove its building and equipment from OWNER's Property and this Lease (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or Operate any equipment which would interfere with SPRINT's equipment or operations on the OWNER's Property or Property. OWNER shall cause that all subsequent tenants on the Tower to first coordinate with SPRINT to ensure that their frequencies and GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 7 10A-10 antenna locations will be compatible with SPRINT's and to agree to a clause similar to this Paragraph 8.B.(1) herein, promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of SPRINT herein. C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical codes of City of Southlake and for State of Texas. Under this Lease, the OWNER assumes no responsibility for the licensing, operations and/or maintenance of SPRINT's equipment, antennas, transmission lines or attachments. D. This Paragraph 18 is made subject to Paragraph 19.F. 19. COORDINATION OF OPERATION A. OWNER agrees (i) to use its best efforts to minimize inconvenience to SPRINT by using its best efforts not to cause or permit any interruption or interfere with the operations of SPRINT's antennas or equipment, during the hours of 4:00 p.m. to 7:00 p.m. on any weekday, and (ii) to give SPRINT notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of SPRINT's wireless communications facility, antennas or equipment. B. Only qualified and adequately insured employees, agents, contractors or persons under SPRINT's direct supervision will be permitted to climb the Tower and to install, maintain, or remove SPRINT's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with SPRINT's use of the Tower, and so long as SPRINT complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee, agent, tenant, or invitee, to work within a ten (10) foot radius of SPRINT's antennas unless SPRINT is notified prior to such activity. OWNER agrees to give SPRINT reasonable advance written notice (except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give SPRINT telephonic notice (at 1-817-258-1000) of repairs, alterations, additions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the antennas. D. In the event that OWNER determines that any equipment or operation of SPRINT causes radio interference, as defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower, then SPRINT shall have thirty (30) days within which to correct such radio interference, pursuant to Paragraph I I.A. (2) hereof. Unless such interference is with OWNER's emergency communications then such interference shall be corrected immediately or terminated. E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting, etc. of the Tower without compensation or liability to SPRINT, even though such maintenance and painting may cause interference with SPRINT's operations. OWNER shall notify SPRINT at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of SPRINT's equipment and allow SPRINT to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify SPRINT prior to performing any emergency maintenance on the Tower. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of SPRINT's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that SPRINT's antennas and/or the Tower be lit and/or marked, SPRINT may install and maintain such lighting and markings. In no event, however, shall SPRINT be responsible for the installation or maintenance of any lighting or markings required by the operations of OWNER or any other tenant in the Tower. OWNER will permit SPRINT access to all portions of the Tower that SPRINT may need in order to check and replace such required or recommended lighting or marking. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-11 21. BROKERS OWNER and SPRINT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of SPRINT, shall provide SPRINT with a certificate stating: (1) whether OWNER has any claim against SPRINT and if so, stating the nature of such claim; (2) that OWNER recognizes SPRINT's right to SPRINT's antennas, equipment and other property; (3) that SPRINT has the right to remove SPRINT's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and (4) that OWNER has no interest in and disclaims any interest to SPRINT's equipment and other property. B. SPRINT, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to SPRINT's knowledge, there are then existing any set -offs, or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of SPRINT to be performed or complied with (and, if so specifying the same); and (3) the dates, if any, to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on SPRINT, but SPRINT does not acknowledge that the OWNER has a right to franchise SPRINT or waive any right it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property and has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and SPRINT, and no verbal agreements or understandings shall be binding upon either WNER or SPRINT, and any; addition, variation, or modification to this Lease shall be ineffective unless made in writing and Igned by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi -governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by SPRINT, OWNER, at its sole cost, shall maintain in good condition and repair, the Tower and other improvements upon which the Property is located. SPRINT agrees that SPRINT's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi - governmental authority. All such compliance shall be accomplished at SPRINT's sole cost and expense. SPRINT, at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Pro to and bind the heirs, personal representatives, successors and assigns of the parties. Perk' and shall extend G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph ` GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96 H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. 1. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable to SPRINT's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also SPRINT's right to remain in occupancy and have access to the property as long as SPRINT is not in default of this Lease. SPRINT shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of bust, ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with SPRINT to obtain from the holder of such encumbrance an agreement that SPRINT shall not be disturbed in its possession, use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non -prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. L. In addition to the other remedies provided for in this Lease, OWNER and SPRINT shall be entitled to immediate restraint by injunction of any violation, any of the covenants, conditions, or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. IN WITNESS WHEREOF, OWNER and SPRINT have duly executed this Lease as of the day and year fast above written. PRINT: Sprint Spectrujn L.P. �a By: Name: Its: 12 1341 W. Mockingbird Lane, Suite 600 E Dallas, Texas 75247 OWNER: City of Southlake, Texas By: _ Name: Its: Tax No: GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10 10A-13 NOTARIES -GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS * COUNTY OF The foregoing instrument was acknowledged before me this day of 1996, by . of a corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of , a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: STATE OF TEXAS • COUNTY OF The foregoing instrument was acknowledged before me this day of 1996 by of a corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) C:\WPWIN60\WPDOCSIAGREEMEN.INI*SPRDTMIC-IREV.Lq My COMMISSION EXPIRES: GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 11 10A-14